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99-0921_CC_Minutes_Regular Meeting267 SEPTEMBER 21, 1999 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION (610.85 Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by statute: Pursuant to Government Code Section 54956.9, the City Council will confer with its Legal Counsel regarding the status of Wanket v. City of San Juan Capistrano. RECESS UNTIL 7:00 P.M. BUSINESS SESSION. The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Greiner at 7:04 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Council Member Campbell. ROLL CALL: PRESENT: John Greiner, Mayor Collene Campbell, Mayor pro tem Gil .tones, Council Member Wyatt Hart, Council Member David M. Swerdlin, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager; John Shaw, Interim City Attorney; Cheryl Johnson, City Cierk; Cynthia L. Russell, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Al King, Community Services Director; Lt. Rick Stahr, Orange County Sheriffs Department; Bonnie Sanchez, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY Mayor Greiner announced there was no action to report from Closed Session. INTRODUCTION PRESENTATIONS AND DONATIONS PROCLAMATION DESIGNATING OCTOBER 3 1999 THROUGH OCTOBER 9 1999. AS "FIRE PREVENTION WEEK" (610.40 Written Communications: Report dated September 21, 1999, from the City Clerk, forwarding the Proclamation. The Report advised that fire stations throughout Orange County would host Open Houses on Saturday, October 9, to conduct station tours and set up special displays and safety demonstrations for the public. City Council Minutes 9/21/99 268 Battalion Chief Gregg Lusher was present to accept the Proclamation from Mayor Greiner. 2. RECOGNITION OF LONG-TERM EMPLOYEES (730.90) Written Communications: Report dated September 21, 1999, from the Personnel Manager, advising that Tom Tomlinson, Planning Director had reached 25 years of service; Mae Shimizu, Secretary, had reached 15 years of service; and, Dan Gee, Planning Technician, had reached 10 years of service. Mr. Tomlinson, Mrs. Shimizu, and Mr. Gee were present to receive Certificates recognizing their years of service to the City. 3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Council Member Campbell introduced the following persons in attendance. Ed Johnson and William Pichler, Planning Commission; Joanne deGuevara and Marie Buckner, Housing Advisory Committee; and, Don Tryon, Cultural Heritage Commission. ORAL COMMUNICATIONS (CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY) 1. Valle Road Cleanup/SunCal Construction (450.70) Ed Parr, 32802 Valle Road, Space 119, advised that the cleanup after trucks hauling dirt on Valle Road to the construction site at the end of Valle Road were ineffective in removing the dirt and debris. He requested that the City enforce the cleanup requirements and suggested that at the end of each day water trucks should clean Valle Road from the construction site to La Novia Road. Mr. Parr was advised that staff was aware of the problem and immediate action would be taken. CONSENT CALENDAR It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSENT: None 1. MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. City Council Minutes -2- 9121199 269 2. APPROVAL OF CITY COUNCIL MINUTES OF AUGUST 17, 1999 The Minutes of the Regular Meeting of August 17, 1999, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF August 261999 (300.30 The List of Demands dated August 26, 1999, in the total amount of $1,098,091.55, was ordered received and filed. 4. RECEIVE AND FILE INVESTMENTS AS OF AUGUST 31 1999 350.30 The City Treasurer's Report of Investments as of August 31, 1999, was ordered received and filed. 5. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT APPLICATIONS 440.10 The Report dated September 21, 1999, from the Planning Director, advising that eight new application had been received since the last Report on August 3, 1999, was ordered received and filed. 6. APPROVAL OF AGREEMENT FOR CONSULTANT SERVICES - GEOGRAPHIC INFORMATION SYSTEM DATA CONVERSION FOR THE CITY'S SEWER SYSTEM GIS DATA CONVERSION PROJECT NOBEL SYSTEMS 600.30 As set forth in the Report dated September 21, 1999, from the Public Works Director, the Agreement with Nobel Systems, for the Geographic Information System Data Conversion of the City's Sewer System, in the amount of $93,314.50, was approved. The Mayor was authorized to execute the Agreement. 7. APPROVAL OF AGREEMENT FOR CONSULTANT SERVICES - LOW- INTEREST LOAN APPLICATION TO THE STATE REVOLVING FUNDS PROGRAM FOR THE NO -DOMESTIC WATER SYSTEM EXPANSION (BLACK & VEATCH CORPORATION) (600.30) As set forth in the Report dated September 21, 1999, from the Public Works Director, the Agreement with Black & Veatch Corporation for the Low -Interest Loan Application to the State Revolving Funds Program for the Non-domestic Water System Expansion was approved in the amount of $37,800. The expenditure of funds for the project was authorized from the Master Plan Implementation Project. The Mayor was authorized to execute the Agreement. City Council Minutes -3- 9121199 270 8. APPROVAL OF AGREEMENT FOR CONSULTANT SERVICES - CREATION OF A DIGITAL ORTHOPHOTO OF THE COMBINED CITY OF SAN JUAN CAPISTRANO AND CAPISTRANO VALLEY WATER DISTRICT SERVICE AREAS, AND SURROUNDING AREAS OF INTEREST (DIGITAL MAPPING, INC.) (600.301 As set forth in the Report dated September 21, 1999, from the Public Works Director, the Agreement with Digital Mapping, Inc., for digital orthophoto services, was approved in the amount of $90,000. Funds in the amount of $90,000 were appropriated from the Capital Improvement Water Fund to this project. The Mayor was authorized to execute the Agreement. 9. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE CHAMBER OF COMMERCE FOR VISITOR SERVICES DURING FISCAL YEAR 1999-2000 (600.30) As set forth in the Report dated September 21, 1999, from the Economic Development Manager, the Memorandum of Understanding with the Chamber of Commerce was approved for the provision of visitor services during Fiscal Year 1999-2000, in the amount of $25,000. The following item was removed from the Consent Calendar: APPROVAL OF AGREEMENT FOR CURATION SERVICES FOR THE MONTANEZ ADOBE (CAPISTRANO CORNERSTONE, INC.) (600.30) Written Communications: Report dated September 21, 1999, from the Assistant City Manager, forwarding an Agreement with Capistrano Cornerstone, Inc., for Curation Services at the Montanez Adobe. Approval of Agreement: It was moved by Council Member Hart, seconded by Council Member Swerdlin and carried with Council Member Jones abstaining due to a conflict of interest relating to the proximity of his residencelbusiness to this site, to approve the agreement with Capistrano Cornerstone, Inc., for Curation Services for the Montanez Adobe for the period ending September 21, 2002. PUBLIC HEARINGS DENIAL OF APPEAL OF PLANNING COMMISSION ACTION OF JULY 27 1999 APPROVING NEW FACILITIES FOR CALVARY CHAPEL AT THE ORTEGA BUSINESS CENTER - ARCHITECTURAL CONTROL 99-21 CONDITIONAL USE PERMIT 99-4 (CALVARY CHAPEL OF SAN JUAN CAPISTRANO) (410.601460.70 Proposal: Consideration of an appeal of the Planning Commission's approval of applications which would permit an 862 -seat sanctuary, a 10,800 -square -foot Sunday School building, and City Council Minutes -4- 9/29/99 271 a 2,281 -square -foot fellowship hall in the Ortega Business Center. The appellant contended that the uses would detract from the commercial and retail environment and contribute to parking congestion within the Center. The General Plan designation on the site is 5.0 (Public and Institutional Uses), which allows churches as a permitted use. The site is located within the Planned Community Zone District and is regulated by Comprehensive Development Plan 78-1. The project is located within Planning Area A-2, subsection 2, which allows churches and places of worship as conditionally permitted uses, but which does not permit primary or secondary schools. Applicant: Calvary Chapel Church, 31654 Rancho Viejo Road, San Juan Capistrano Appellant: Thomas Merrell, 31726 Rancho Viejo Road, Suite 233, San Juan Capistrano Property Owner: Ortega Properties, c/o Margaret Cogdell, 31738 Rancho Viejo Road, Suite B, San Juan Capistrano Written Communications: (1) Report dated September 21, 1999, from the Planning Director, describing the proposed project and addressing the concerns stated in the appeal application. (2) Memorandum dated September 17,1999, from the Planning Director, forwarding the applicable sections of the Ortega Highway Planned Community Comprehensive Development Plan. (3) Letters of support of the proposed church expansion from the following: Mark and Jennifer Jenkins, 26585 Camino de Vista, #B, San Juan Capistrano; Mr. and Mrs. L. Carroll, P. O. Box 155, San Juan Capistrano; Tom Frigone, 27981 Camino Santo Domingo, San Juan Capistrano; and, Steve & Maryl Wilson, 32812 Parkside Way, San Juan Capistrano. The proposed landscaping plan, sanctuary elevations, classroom elevations and site sections were on display. C. J. Amstrup, Senior Planner, provided a brief history and description of the Ortega Business Center and Calvary Chapel. He advised that the appellant was a tenant in the office portion of the Ortega Business Center, and felt that the Church was an inappropriate use; would block views of the site from Ortega Highway and Rancho Viejo Road; change the visual character of the site from predominately retail to predominately public and institution; and, create parking conflicts with existing uses. He emphasized that the sites occupied by the Ortega Business Center and the St. Margaret's Episcopal Church and School were all designated 5.0, public and institutional, in the General Plan, The Comprehensive Development Plan listed churches as a conditional use on the pad designated for the sanctuary and as a principal permitted use on the pad east of the proposed sanctuary. Mr. Amstrup advised that allowing churches as a conditional use in a district predominately occupied by commercial office development was not a mix unique to this site; it was the same development standard included in the City's own commercial office designation. He noted that the establishment of a primary or secondary school on the site would take a City Council Minutes -5- 9121199 272 legislative action. He further advised that an evaluation of the best fiscal uses for the sites, prepared by Keyser Marston & Associates and Linda Congleton & Associates, found that the vacant pads were inappropriate for traditional retail uses and recommended they be developed with uses that do not rely on visibility. Mr. Amstrup discussed the parking issues and noted that a study prepared by Austin Foust & Associates found that the use could be compatible due to the differing peaks between the church use and the adjacent uses. Appellant Comments: With the aid of a Power Point presentation, Mr. Merrell explained that he did not have an issue with Calvary Chapel itself. He felt this was not an appropriate location for this ministry. He reviewed the land use maps for the area and advised that with the increasing conversion of the area to non-commercial uses, it was becoming harder to operate a commercial venture successfully from the Center. He discussed his issues with how the church operation impacts the Center. He suggested that the City direct that other sites be investigated for their use and he would volunteer his time to assist in that search, noting that he felt the Church use would be too intense for the Center. He further suggested that the City protect the existing business area from non- commercial intrusion; implement the Economic Study recommendations by rezoning the pads along Ortega Highway; and, work with Calvary Chapel to relocate to a site that would allow for their growth. Applicant Comments: Calvary Chapel Pastor Brian Wood, 3204 Calle Grande Vista, San Clemente, addressed the concerns expressed by Mr. Merrell. He stated that there would be only one sign facing the corner; that their buildings would not block the view of the Center; and, that they wanted to work with the other businesses regarding potential parking conflicts. He felt that most of the conflicts with the Center had occurred during their special events and felt that when they moved to their new facilities there would be no more conflicts with the other businesses. He advised they would not have special events if the City felt that was appropriate. With regard to the use being too intense, he advised that there was one Sunday service with an attendance of approximately 160 people. He described how the seating capacity had been calculated; stated that a maximum of 650 seats was all that would fit; and, they would modify that if the City so directed. He stated they did not foresee the church growing to an attendance of over 2,000; if attendance reached 1,000 they would be looking for a new location. He urged the Council to confirm the Planning Commission decision. Public Hearing: Notice having been given as required by law, Mayor Greiner opened the public hearing, and the following persons responded: (1) Margaret Cogdel, 31738 Rancho Viejo Road, Suite B, representing the owner of the Center, noted that the Church will vacate approximately 8,000 square feet that can be re -marketed for other retail or commercial uses. She stated that if the Church were to relocate to an alternative site they would have to purchase four to five acres, which would become tax exempt. This 2 -acre site could accommodate their use because parking would not be a part of their property; City Council Minutes -6- 9121199 273 and, further, less land would be tax exempt. She expressed the assurances that the property owner would work with the Church to control traffic_ (2) James Thayer, with Timeless Architecture, the project architect, 23276 South Pointe Drive, Suite 208, Laguna Hills, advised that the proposed project would blend with the current site architecture. He stated that the two buildings represented approximately 118 of the overall Center frontage. He explained the seating capacity calculations and the seating layout, noting that with the chairs and isles there would be only seating for 650. He indicated that there were 130 parking spaces associates with the two parcels, which would be more than adequate for mid -week services. (3) William Young, a church member, urged support of the Planning Commission's decision, noting that church members patronized the Center businesses. (4) Robert Marriott, a resident of San Juan Capistrano, felt that retail business owners wanted to locate in complexes that were busy. He felt that retail businesses in the Center would appreciate the church members because they were all potential customers. Without the church he felt the Center would stay "sleepy." There being no one else wishing to speak, Mayor Greiner closed the Hearing with the right to ie -open at any time. Council Discussion: Council Members Jones, Hart and Campbell expressed support of the Planning Commission decision. Mayor Greiner indicated he would support the Planning Commission decision, but felt parking might become an issue in the future. Council Member Swerdlin cited his concerns regarding the parking management program and the massing of the buildings as viewed from Ortena Highway. He felt this site should be studied as part of the General Plan update and it was too soon to make a decision. Denial of Appeal: It was moved by Council Member Jones, seconded by Council Member Campbell that the following Resolution be adopted: RESOLUTION NO. 99-9-21 -1.DENYING APPEAL- CALVARY CHAPEL (ARCHITECTURAL CONTROL 99-21CONDlTIONAL USE PERMIT 99-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING AN APPEAL AND AFFIRMING THE PLANNING COMMISSION'S ACTION OF JULY 27, 1999, CONDITIONALLY APPROVING CALVARY CHAPEL'S REQUEST TO RELOCATE AND CONSOLIDATE ITS EXISTING MEETING AREAS WITHIN THE ORTEGA VILLAGE SHOPPING CENTER INTO TWO NEW BUILDINGS LOCATED ON BUILDING PADS TWO AND THREE OF THE ORTEGA BUSINESS CENTER, LOCATED AT THE SOUTHEAST CORNER OF ORTEGA HIGHWAY AND RANCHO VIEJO ROAD (CALVARY CHAPEL) City Council Minutes -7- 9/21199 274 The motion carried by the following vote: AYES: Council Members Jones, Hart, Campbell and Mayor Greiner NOES: Council Member Swerdlin ABSENT: None RECESS AND RECONVENE Council recessed at 8:25 p.m., and reconvened at 8:25 p.m. 2. APPROVAL OF 1998-1999 STATE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANTEE PERFORMANCE REPORT (480.20) Proposal: Consideration of the annual report to the State describing the status of grant expenditures. The City had been awarded $500,000 in Community Development Grant Funds from the State in July, 1998. Applicant: City of San Juan Capistrano Written -Communications: Report dated September 21, 1999, from the Planning Director, describing the activities associated with the City's grant and advising that a total of $17,668,69 in State grant funds had been expended through June 30, 1999. Public Hearing: Notice having been given as required by law, Mayor Greiner opened the public hearing and, there being no response, closed the Hearing with the right to re -open at any time. Approval of 1998-1999 Grantee Performance Report: It was moved by Council Member Jones, seconded by Council Member Hart and unanimously carried to approve the 1998-1999 State Community Development block grant (State Community Development Block Grant) Program Grantee Performance Report. 3. CONTINUATION OF CONSIDERATION OF RED SIGNAL CAMERA ENFORCEMENT PROGRAM AND AGREEMENT WITH TRAFFIC SAFETY SYSTEMS 600.30 Prooasal: Consideration of the installation of red signal cameras at six major intersections in the City as a means to help reduce red signal violations and related accidents. Applicant: City of San Juan Capistrano City Council Minutes -8- 9/21199 275 Written Communications: (1) Report dated September 21, 1999, from the Engineering and Building Director, advising that in the 5'/z years from January 1994 through June 1999, there had been 118 accidents at signalized intersections in the City directly attributed to red light violations. The Report advised that installation would be performed by SENSYS Traffic, who would derive income from the collected citations. There would be no up -front installation costs to the City. The Report described the proposed system and provided a cost analysis. (2) Memorandum dated September 21, 1999, from the Engineering and Building Director, forwarding a revised agreement to reflect that Traffic Safety Systems, Inc., would be the company responsible for installation, operation and maintenance of the proposed cameras. The Engineering and Building Director made an oral presentation, noting that the following intersections were being considered for the red signal camera installation: Del Obispo at Ortega Highway; Del Obispo and Camino Capistrano; Ortega Highway at Rancho Viejo Road; Stonehill at Camino Capistrano; Camino Capistrano at San Juan Creek Road; and, Del Obispo at Camino del Avion. He noted that 10 cities in California were equipped with this system and had experienced reductions in accidents due to red light violations. The system required no up -front costs; the vendor derived a fee from each paid citation; the system used a microwave technology so there would be no loops in the street; because the system was microwave -based, it would have the ability to change the signals to all red and hold cross traffic until all violators had cleared the intersection. He noted that this feature was not presently available but was expected to be available after the first of the year. The Agreement provided for the vendor to receive $59 per paid citation; it required that the intersections be videoed first and a determination of viability for use to be made prior to installation of the cameras; the Agreement could be +-rminated without cause with 90 days notice. It was anticipated that the system would be self-supporting, given the annual revenue from the six intersections versus the expenses. Mr. Huber advised that expenses included two full- time officers to monitor the system, payment to the vendor, and one-time equipment costs. Staff did not recommend hiring the additional Sheriff staff support at this time, since it would take time to place the system into operation. A recommendation could be made at mid -year based on experience. Council Questions: In response to Mayor Greiner, Mr. Huber advised that there was a possibility that some of the intersection directions may not have enough violations to warrant the expense of the camera; that determination would be made following videoing of the intersection. In response to Council Member Jones, Sean Gunderson, representing Traffic Safety Systems, advised that the feature which would change all lights to red until the violator had cleared the intersection should be available in January or February. In response to Council Member Swerdlin, Mr. Huber advised that Caltrans had been agreeable to considering the installation at Rancho Viejo Road and Ortega Highway if the City applied for a permit. City Council Minutes -9- 9121199 276 Public Hearing: Notice having been given as required by law, Mayor Greiner opened the public hearing and the following person responded: (1) Lon Uso, 31302 Via Las Palmas, questioned whether the City had initiated this project or whether vendors and presented it; questioned whether it was being considered for safety reasons and whether there were better ways of increasing intersection safety; and, felt it was going too far and was unnecessary. There being no further response, the Hearing was declared closed with the right to re- open at any time. Council Comments: Mayor Greiner indicated that the project was being considered for safety concerns, which was of primary importance. He advised that the cameras could be tried and then the project terminated if the City wished. Council Member Jones noted that staff had been given direction to pursue this issue; however, he could not support it unless it contained the safety mechanism that would hold all lights on red until a violator cleared the intersection. Council Member Swerdlin stated his desire to keep government small and non-invasive and felt this project could not be justified and would not be effective. Council Member Hart indicated he was not opposed to the concept, he was concerned that the City was moving too quickly; that there should be some kind of a track record to review prior to the City initiating the program; and, that he was concerned with how the courts would handle citations issued by this program. In response to Council Member Campbell, Lt. Stahr stated that the cameras would be helpful, since his officers could only spend 10-15 hours a week enforcing red light intersections. He felt it would be warranted on a trial basis because it could save lives and would free up officers to respond to other concerns; however, it may need further Council Member Campbell indicated her desire for more concise information regarding exactly what the program would entail; and, expressed concern with taking two officers off the streets. Council Member Jones expressed the opinion that the delay mechanism should be part of the program before the City goes forward with this program. Mayor Greiner felt the red-light cameras would not be an intrusion on privacy because they would only be activated after the law was violated. He emphasized that the system was designed to be self supporting, so if additional officers were required they would be paid for out of the ticket revenue; officers on patrol would not be displaced. Since this was a no -risk operation he would prefer to move forward, noting that the agreement could be terminated with 90 days notice. He emphasized that the City would implement the program for public safety concerns and recommended that if there were revenues generated over and above program costs, they be funneled into other public safety program such as officer on campus programs or similar public safety/educational programs. Council Member Hart asked the City Attorney whether the courts had legal issues with this type of project. Mr. Shaw indicated that the North County Municipal Court judges had some technical concerns. He stated Garden Grove would start their project on a 6 -month trial basis to evaluate the issues, so a record would be developed. Council Member Jones noted additional liability concerns that should be explored prior to implementing the program. Council Member Hart requested that the City Attorney provide a record from Garden Grove within the next four weeks. City Council Minutes _10- 9121199 277 Continuation of Consideration: It was moved by Council Member Campbell, seconded by Council Member Jones that the Hearing be continued to the meeting of October 19, 1999 to address concems. The motion carried by the following vote: AYES: Council Members Jones, Hart and Campbell NOES: Council Member Swerdlin and Mayor Greiner ABSENT: None RECESS AND RECONVENE Council recessed at 9:20 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and reconvened at 9:21 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. ADOPTION OF RESOLUTION AMENDING THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN AND APPROVAL OF (EXECUTIVES) L700.20 Written Communications: Report dated September 21, 1999, from the City Manager, forwarding a resolution to institute new salary provisions for the Executive Employees for Fiscal Year 1999-2000. The Report advised that the salary increase was consistent with that granted to the Management and Classified employees. The City Manager made an oral presentation. Council Member Swerdlin stated that he would not support this item because the current CPI was 1.7%, and noted that his action was consistent with his past voting record for Classified and Management Employee Memoranda of Understanding. Approval of Amendments to Classification and Com ensation Plan: It was moved by Council Member Campbell, seconded by Council Member Hart that the following Resolution be adopted: RESOLUTION N0.99-9-21-2 AMENDING RESOLUTION NO. 94-12-6- 5, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN - FISCAL YEAR 1999-2000 EXECUTIVE EMPLOYEES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 94-12-6- 5, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN (FISCAL YEAR 1999-2000 EXECUTIVE EMPLOYEES) The motion carried by the following vote: City Council Minutes -11- 9121199 278 AYES: Council Members Jones, Hart, Campbell, and Mayor Greiner NOES: Council Member Swerdlin /,1 4:4 41 t moi; The City Attorney was requested to review the possible gift of public funds relating to allowing four hours per month time off for community service. CITY ATTORNEY APPROVAL OF WAIVER OF BONDING REQUIREMENTS - BOYS & GIRLS CLUB LEASE AGREEMENT (CONTINUED FROM SEPTEMBER 7. 1999) (600.20) Written Communications: (1) Report dated September 7, 1999, and resubmitted September 21, 1999, from the City Attorney. (2) Memorandum dated September 21, 1999, from Ken Friess, Friess Company Builders, Inc., to the City Attorney, forwarding copies of the latest reconciled reports for the Boys and Girls Club Development Campaign Fund bank accounts and a copy of the project budget. The City Attorney made an oral presentation, advising that the Agreement provided for bonding of the contractor. The Club had requested this requirement be altered due to circumstances relating to bond premiums, etc. He advised that the City would be favorable to the request with the inclusion of a number of proposed constraints, including controls on the actual expenditures relating to the loan, and given the level of cash the Club has on hand for the project. Public Input: (1) Ken Friess, 31506 Paseo Christina, representing the Boys and Girls Club, spoke in support of the recommendation, noting that the Club would consider additional conditions if the City desired. Their concern was that the cost of the bond would require additional fund-raising; they felt there were sufficient controls in place to assure all bills were paid and all releases were accomplished. He commented on the finances for the project and advised that the CIUb had sufficient funds to build the project. Council Comments: Council Member Jones expressed concerns regarding the requested waiver and suggested that the City be a co-signer on disbursement checks for the project to allow for City oversight. He further suggested that there be no pre -payments for any contractors. Mr. Friess agreed with the suggestions. The City Manager explained that there was no mechanism to guarantee the City's agreement and felt that Council Member Jones' suggestions would place the City in a stronger position to assure the outcome would be positive. City Council Minutes -12- 9121199 279 _ Approval of Bonding _Waiver: It was moved by Council Member Jones, seconded by Council Member Hart and unanimously carried to waive the provisions under Section 8 of the Lease Agreement requiring bonding of the Club's contractor, with the stipulation and the City be a co- signer on project vouchers and that there be no pre -payments to contractors unless absolutely necessary. The letter agreement dated August 17, 1999, from the City Attorney to the Boys and Girls Club of Capistrano Valley, waiving the Bonding Requirements, was ratified. PLANNING DIRECTOR DENIAL OF APPEAL OF ENVIRONMENTAL ADMINISTRATOR'S DECISION TO ISSUE A MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT 99-1, ST MARGARET'S ATHLETIC FIELD LIGHTING (460.70) Proposal: Consideration of an appeal of the Environmental Administrator's July 27,1999, decision to issue a Mitigated Negative Declaration for Conditional Use Permit 99-1, an application to install athletic field lighting on an existing 3.07 -acre parcel located at the northeast corner of Calle Arroyo and Rancho Viejo Road. The property is designated 5.0 Public and Institutional on the General Plan Map. The property is zoned Planned Community, which establishes educational uses as principal permitted uses. Appellants: (1) Dave and Andriette Culbertson, 27351 Ortega Highway, San Juan Capistrano (2) Harry and Jean Weinroth, 31406 Windsong, San Juan Capistrano (3) Tom and Nina Ostensen, 31851 Via Puntero, San Juan Capistrano Project Representatives.: St. Margaret's of Scotland Episcopal School, c/o Dick Mortimer, Business Manager, 31641 La Novia, San Juan Capistrano Written Communications: Report dated September 21, 1999, from the Principal Planner, describing the project and addressing the concerns listed in the appeal, received August 16, 1999, and forwarded in the Report. The Planning Director advised that he had not participated in this project due to a conflict of interest. Exhibits were on display and Bill Ramsey, Principal Planner, made an oral presentation. He advised that there would be no decision tonight regarding the Conditional Use Permit for lighting; the Conditional Use Permit would be considered by the Planning Commission in the future. He advised that the application involved a modification to a mitigation measure established last year when the school secured approval of planning applications for the athletic field. He addressed points in the appeal, including the assertions that the City had erred in issuing the Mitigated Negative Deciaration because the project required preparation of an Environmental Impact Report; and, that the school had "piece-mealed" the project and the light, glare, parking and traffic impacts would be so significant and adverse as to require preparation of an Environmental Impact Report. He advised that the school had gone through a series City Council Minutes -13- 9121199 284 of land acquisitions over the past 8 years; staff felt that the acquisition of sites to add accessory facilities that were supportive of the principal private school did not constitute "piece-mealing." He noted that the appeal also cited the proposed tennis courts at La Novia and San Juan Creek Road and advised that the tennis court project represented implementation of an element of the City's Open Space Master Plan rather than an additional project being processed by St. Margaret's. The tennis courts represented a public-private partnership opportunity for bringing park facilities on-line sooner. He discussed the adverse effects; noting that staff had analyzed the project in accordance with CEQA regulations. Staff felt that the recommended mitigation measures would be adequate to reduce the impacts of the project. Staff had reviewed the frequency of use of the field, particularly in terms of lighting impacts, and had recommended mitigation measures limiting use and lighting of the field. He stated that the traffic and parking concerns cited in the appeal had been addressed by the Planning Commission during consideration of the athletic field application submitted last fall. Public Input: (1) Andriette Culbertson, 27351 Ortega Highway, requested that her letter of appeal be entered into the record. Ms. Culbertson stated that she had worked with Staff and St. Margaret's regarding lighting standards and the height of the standards had been reduced. She indicated that while the eucalyptus trees would shield the horizontal light spill, there was nothing in the Negative Declaration to require the school to Keep the trees; and, there was still concern regarding the loom of the lights. Ms. Culbertson discussed St. Margaret's growth over the past years and indicated that she had been advised during consideration of the original application for the athletic field that lights would not be included and the public address system use had a number of restrictions. She expressed concern that St. Margaret's was growing at an intensity that might be inappropriate for a City that had denied lighting of the driving range on San Juan Creels Road. She felt mitigation should be placed on who lnrill use the field and how often; and, stated that lighting should be prohibited on the central field at the school. She further suggested that it might be appropriate to review St Margaret's master plan in a study session format to determine an acceptable intensity level for St. Margaret's. She stated that the lights, loudspeaker noise and the operation of the campus should be properly set in the context of the Ortega valley. (2) Harry Weinroth, 31406 Windsong Drive, stated that he was in favor of the school and the sports fields but had reservations about evening functions. He indicated he had been told during consideration of the original athletic field application, that there would be no lighting or public address system for the field. He expressed concerns that the notice for the current application did not inform the public of the public address system. He stated concerns concerned about the mitigation measures that had been placed; stating they were too loose. He felt there was too much evenings use and there was no restriction that the field would be used only by the school. He felt there should be a reassessment of the application and how the facility would be used. He emphasized that the Mitigated Negative Declaration had not adequately covered the situation and not enough information had been provided. He felt it might be time for the City to — review the specific plan for the entire area prior to approval of these applications. City Council Minutes -14- 9121199 281 (3) Mark Campaigne, 28526 Paseo Diana, headmaster at St. Margaret's, indicated that 46 of the 61 events were practices that should not go beyond 8:00 p.m. There would be no public address system use during practices. He further indicated that the only use of the public address system would be to announce games and no music would be played. He advised that because the school considered itself an integral part of the community, outside groups were allowed to use their facilities; i.e., National Junior Basketball, AYSO, City basketball teams, Capistrano Valley Christian School, and local organizations such as Homeowner Associations. He stated they would like to continue to offer their facilities to outside groups. He presented information to the Council regarding the vertical light loom; the horizontal light spill, the acoustical evaluation, letters of support from the Ortega Business Center and Brighton Gardens, an aerial photo, and a picture of the school's sports park. He discussed the presented information and asked for Council's support in denying the appeal. RECESS AND RECONVENE Council recessed at 10:10 p.m. and reconvened at 10:17 p.m. (4) Julio Gighan, lighting engineer for the project, stated his understanding that the historic administrative construction of CEQA in the City had used Mitigated Negative Declarations rather than Environmental Impact Reports for lighting projects. He discussed the lighting information presented to Council, stating there was a very small dome of light that would be created; the perimeter area at the 100 -foot mark indicated the lighting level at 1 foot-candle. He advised they could not provide any further detail because the light cutoff was so severe with the new light fixtures that the light beyond the 100 -foot mark evaporated. He further indicated there was a very tight pattern of lighting on the field, which could not be fit any closer without doing away with lighting for the athletes. (5) Art Birtcher, 32327 Del Obispo, advised that he was a 40 -year City resident and expressed appreciation for the type of community San Juan Capistrano had become. He thanked the Council for what the City had done for the youth and schools in this City. Mr. Birtcher urged the Council to support St. Margaret's, stating St. Margaret's was a good addition to the community and was growing because they met a need in the community. (6) Pauline Leonard, 27589 Brookside Lane, stated that she had lived next to the St. Margaret's site since it was an orange grove. Ms. Leonard stated that the growth had impacted the neighborhood, citing parking problems during special events. Ms. Leonard asked that the City Council consider that the ball field was adjacent to senior living communities, which could be negatively affected. Ms. Leonard stated that parking and traffic issues needed to be reviewed carefully and she was opposed to the lights until these issues were mitigated. (7) Roy Stevens, 27401 Ortega Highway, stated that he was a neighbor to the school and felt that the school was very good for the community. Mr. Stevens stated that schools need athletic fields and students need places to play. He City Council Minutes -15- 9121199 282 stated he was not in favor of scrutinizing the lighting to the point it might be injurious to the school. He urged the Council to vote in favor of St. Margaret's. (8) Linda Hall, 27565 Brookside Lane, stated that what was on paper and the reality of the daily situation were very different. She cited impacts on the SunHollow neighborhood relating to parking, traffic, noise associated with functions at St. Margaret's, and the noise of cars and teenage behavior. She felt the school should be more considerate, especially with regard to traffic and parking. Ms. Hall stated that with the athletic fields, lighting and public address system, there would be even more impacts on the neighborhood. She stated that the residents' concerns should be addressed and urged the Council not to allow installation of lighting and a public address system. Mr. Ramsey noted that mitigation measure #6 would be corrected to read "... The public address system shall not be used for more than 9 games during any calendar year." Council Comments: Council Member Swerdlin stated that the Planning Commission should be aware of the concerns that had been expressed. He noted his concern regarding the number of games, the time elements involved, and the use of the public address system. He indicated he had no real problem with the lights, only the number of times they may be used. He felt the City could be flexible under the Conditional Use Permit process, and in order to allow that flexibility, conditions should not be placed in the Negative Declaration. Council Member Jones stated that he had empathy for the neighbors because they were also impacted by the noise at Cook Park. He encouraged that this project be scrutinized and the adjacent neighborhood concerns be kept in mind. Denial of Appeal: It was moved by Council Member Campbell, seconded by Council Mer^ber Swerdlin that the following Resolution be adopted: RESOLUTION NO. 99-9-21-3, DENYING APPEAL- ST. MARGARET'S ATHLETIC FIELD LIGHTING (CONDITIONAL USE PERMIT 99-1) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE DECISION OF THE ENVIRONMENTAL ADMINISTRATOR TO ISSUE A MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT 99-1 FOR ATHLETIC FIELD LIGHTING LOCATED ON AN EXISTING 3.07 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF RANCHO VIEJO ROAD AND CALLE ARROYO AND MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBERS 666-251-01,-02, AND -03 (ST. MARGARET'S ATHLETIC FIELD LIGHTING) The motion carried by the following vote: City Council Minutes -16- 9121199 283 AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSENT: None PUBLIC WORKS DIRECTOR 1. APPROVAL OF PLANS AND SPECIFICATIONS - SLOPE REMEDIATION IN CITY OPEN SPACE SOUTH OF CERRO REBAL (600.30 Written Communications: Report dated September 21, 1999, from the Public works Director, advising that land movement had occurred in the City Open Space area above the Loma Vista subdivision during the winter of 1997-98 and specifications were now ready for approval for the repair of the slope failure. Approval of Plans and Specifications: It was moved by Council Member Jones, seconded by Council Member Swerdlin and unanimously carried to approve the Plans and Specifications prepared by P&D Consultants to mitigate surficial landslide failures in the City Open space above Via Cerro Rebal and Via Petra; and, to approve an appropriation of $144,400 from the General fund Reserve to fund this project. Staff was authorized to call for bids. ORDINANCES - None COUNCILMANIC ITEMS APPROVAL OF RECOMMENDATIONS FORM THE CITY COUNCIL SUBCOMMITTEE ON THE COMMUNITY ORGANIZATION FUNDING REQUESTS 330.20 Written Communications: Report dated September 21, 1999, from the City Council Subcommittee, forwarding recommendations for allocation of the $47,000 in Community Promotion funds identified in the approved 1999-2000 City budget. Public Input: (1) Pauline Leonard, 27589 Brookside Lane, stated that she represented the South County Community Services Council and requested consideration for an increase in the stated allocation. Council Member Swerdlin suggested that Ms. Leonard return with her request at mid -year 2000 for consideration at that time. Approval of Recommendations: It was moved by Council Member Jones, seconded by Council unanimously carried to concur with the allocation strategy Subcommittee and authorize $44,852 in funding assistance organizations: Member hart and proposed by the to the following City Council Minutes -17- 9121199 284 Organization Recommended Funding Camino Health Center $12,000 Capistrano Indian Council $1,500 Community Counseling Center $3,000 CSP Youth Shelter $1,000 Fran Joswick Therapeutic Riding Center $1,400 Once Upon A Story $3,352 OC Council on Aging $1,500 San Juan Task Force $6,000 South County Senior Services (Meals) $10,000 South County Senior Services (Shared Housing) $5,000 South County Community Services Council $500 The remaining funds in the amount of $2,148 will remain in the Community Promotions Budget for consideration of any future funding requests this fiscal year. 2. APPROVAL OF CITY CONTRIBUTION TO EL TORO REUSE PLANNING AUTHORITY (940.30) Written Communications: Report dated September 21, 1999, from the City Manager, describing how governmental entities may participate in the El Toro Reuse Planning Authority and recommending that the City become an Associate Member. Approval of Contribution: It was moved by Council Member Swerdlin, seconded by Council Member Campbell and unanimously carried to allocate $500 for an Associate Membership in the EI Toro Reuse Planning Authority. 3.. ORAL REPORTS OF OUTSIDE AGENCIES a. Southeast Regional Reclamation Authority SERRA) (1040.60) Council Member Jones advised that the Finance Committee had met and he would provide information to the Council slots. b. San Juan Basin Authority 1050.60 Council Member Jones advised that the permit review was upcoming. C. Orange County Waste Management Commission_ (810.10) Mayor Greiner advised that discussion had occurred at the last meeting regarding the Regional Landfill Options for the County, and included a review 40 years into the future. It had been suggested that the County should be looking further ahead. City Council Minutes -18- 9121199 285 d. Orange County Vector Control District (560.50) Council Member Swerdlin advised that the vector of the month was the mosquito. COUNCIL COMMENTS 1. Staff Commendation Council Member Campbell commended staff for their professionalism during the Council meeting. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:52 p.m. to the next regular meeting date of Tuesday, October 5, 1999, at 5:30 p.m. in the City Council Chambers. Respectfully submitted, CHERYL JOHN O CITY CLERK ATTEST: JOHN/0REINER, MAYOR City Council Minutes -19- 9121199