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99-1005_CC_Minutes_Regular Meeting287 OCTOBER 5, 1999 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION (6610.85) Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by statute: Pursuant to Government Code Section 54956.8, the City Council will meet with its Real Property Negotiator (City Manager) regarding the potential acquisition of certain property more particularly described as a parcel outside of the City limits north of Silver Creek Drive, adjacent to the Stoneridge Development. 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 7:02 p.m. in the Community Center, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Jim Tracy, Gateway Community Church. ROLL CALL: PRESENT: John Greiner, Mayor Collene Campbell, Mayor pro tem Gil Jones, Council Member Wyatt Hart, Council Member ABSENT: David M. Swerdlin, Council Member STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager; John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia 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; and Bonnie Sanchez, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - Mayor Greiner announced there was no action to report from the Closed Session. INTRODUCTION, PRESENTATIONS AND DONATIONS 1. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FROM CALIFORNIA INTEGRATED WASTE MANAGEMENT HONORING CITY'S EFFORTS TO MEET WASTE DIVERSION GOALS (610.4 Written Communications: Report dated October 5, 1999, from the California Integrated Waste Management Assistant City Manager, advising that the Board was the State's primary agency for City Council Minutes -1- 1015199 NW-4 The City had received a Certificate of Achievement from the Board commending local efforts to divert waste. Douglas Dumhart, Principal Management Analyst, presented the Certificate from the Board, noting that the City had complied with Assembly Bill 939, the Recycling Law, by meeting its goal of diverting 25% of its waste stream from the landfill by 1995. He discussed plans to meet the goal of diverting 50% of the waste stream by 2000 and noted the importance of purchasing products that use recycled materials. 2. RECOGNITION OF LONG-TERM EMPLOYEES (730.90) Written Communications: Report dated October 5, 1999, from the Personnel Manager, advising that John Best, Construction Inspector, had reached 30 years of service; and David Hubler, Senior Maintenance Worker, had reached 10 years of service. Mr. Hubler was present to receive a Certificate commemorating his 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, Planning Commission; Marie Buckner and Joanne de Guevara, Housing Advisory Committee; and former Mayor Ken Friess. Christian Hernandez, Boy Scout Troop 724, was recognized for his attendance as a requirement for the Citizenship badge. ORAL COMMUNICATIONS (CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY) - None CONSENT CALENDAR It was moved by Council Member Jones, seconded by Council Member Campbell, 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, Hart, Campbell and Mayor Greiner NOES: None ABSENT: Council Member Swerdlin MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. City Council Minutes -2- 1015199 289 2. APPROVAL OF CITY COUNCIL MINUTES The Minutes of the Regular Meeting of September 7, 1999, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF SEPTEMBER 9, 1999 (300.30) The List of Demands dated September 9,1999, in the total amount of $948,774.19, was ordered received and filed. 4. RECEIVE AND FILE CASH BALANCES BY FUND FOR JUNE AND JULY. 1999 33{ 0.50) _ The City Treasurer's Report of Cash Fund Balances for the months ending June 30, 1999 and July 31, 1999, was ordered received and filed. 5. AWARD OF CONTRACT - VIA CERRO REBAL LANDSLIDE FOR INTERIM PROTECTION AND DEBRIS _REMOVAL (600.30) As set forth in the Report dated October 5, 1999, and the Memorandum dated October 1, 1999, from the Public Works Director, the construction contract to mitigate surficial landslide failures in the City Open Space above Via Cerro Rebal between Via Ramona and Via Petra was awarded to Ortiz Construction at $76,767. 6. AWARD OF CONTRACT - PAVEMENT MARKINGS MAINTENANCE, INSTALL -TION AND REMOVAL (ORANGE COUNTY STRIPING) (600.30) As set forth in the Report dated October 5, 1999, from the Public Works Director, the contract for pavement marking, maintenance, and installation and removal, was awarded to Orange County Striping Services at an estimated annual amount not to exceed $65,000. 7. APPROVAL OF AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-95-989, COMBINED TRANSPORTATION FUNDING_ PROGRAM MASTER FUNDING AGREEMENT (ORANGE COUNTY TRANSIT AUTHORITY) (600.50) As set forth in the Report dated October 5, 1999, from the Engineering and Building Director, Amendment No. 1 to Cooperative Agreement No. C-95-989 Combined Transportation Funding Program Master Funding Agreement, between the Orange County Transportation Authority and the City of San Juan Capistrano, was approved in order to maintain the City's eligibility to receive Measure M funds and bicycle/pedestrian facilities funds in a timely manner. City Council Minutes -3- 1015199 290 8. ADOPTION OF RESOLUTION ACCEPTING THE STREET IMPROVEMENT _WORK, AUTHORIZING THE RELEASE OF CORRESPONDING BONDS AND FILING NOTICE OF COMPLETION, TRACT 14398 (SAN JUAN VILLAS_, L.P., KNOWN AS CONCORDE DEVELOPMENT) (600.30 As set forth in the Report dated October 5, 1999, from the Engineering and Building Director, the following Resolution was adopted accepting street and irrigation improvements: RESOLUTION NO. 99-10-5-1. COMPLETION OF PUBLIC AND PRIVATE IMPROVEMENTS - TRACT 14398, SAN JUAN VILLAS, L.P. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF STREET IMPROVEMENTS AND APPURTENANT WORK WITHIN TRACT 14398, SAN JUAN VILLAS, L.P. The City Clerk was directed to forward a Notice of Completion to the County Recorder. Staff was authorized to release the following sureties 35 days after recordation of the Notice of Completion: Surety Coverage Type of Current Amount to (American Motorists_ Ins.1 Improvement Amount be Released Bond #3SM 885 637 00 Street $150,000 $150,000 Bond #3SM 887 012 00 Irrigation $203,850 $203,850 Bond #3SM 887 013 00 Monumentation $12,000 $12,000 9. APPROVAL OF AMENDMENT TO LICENSE AGREEMENT FOR CONSTRUCTION OPERATION AND MAINTENANCE OF ROLLER HOCKEY COURTS AND PROGRAMS (REVOLUTION ROLLER HOCKEY) (600,3M As set forth in the Report dated October 5, 1999, from the Community Services Director, the Amendment to Section 6 of the License Agreement between the City and Revolution Roller Hockey, adding a hold harmless provision to insure Revolution Roller Hockey against liability arising from the Capistrano Unified School District's limited right to use the roller hockey facility, was approved. 10. WAIVER OF FEES FOR RENTAL OF THE COMMUNITY CENTER (SAN JUAN COMMUNITY TASK FORCE) (390.30) As set forth in the Report dated October 5, 1999, from the Community Services Director, the Community Center rental fees were waived for meetings and public forums hosted by the San Juan Community Task Force held through June 30, 2000. City Council Minutes -4- 1015199 291 11. ADOPTION OF RESOLUTION PROVIDING FOR THE CITY OF LAGUNA WOODS' INCLUSION IN THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY (600.50) As set forth in the Report dated October 5, 1999, from the Assistant City Manager, the following Resolution providing for the City of Laguna Woods' inclusion in the San Joaquin Hills Transportation Corridor Agency was adopted: RESOLUTION NO. 99-10-5-2 INCLUSION OF CITY OF LAGUNA WOODS IN SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR THE INCLUSION OF THE CITY OF LAGUNA WOODS IN THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY PUBLIC HEARINGS - None RECESS AND RECONVENE Council recessed at 7:18 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 7:20 p.m. ADMINISTRATIVE ITEMS CITY MANAGER APPROVAL OF LAND TRANSFER AGREEMENT WITH DMB LADERA AND RESIDENTS IN THE STONERIDGE DEVELOPMENT TO FACILITATE LANDSLIDE REPAIR (600.30) Written Communications: (1) Report dated October 5, 1999, from the City Manager, advising that a landslide had occurred on land owned by DMB Ladera, LLC, within the unincorporated area immediately adjacent to the rear yards of six homes on Silver Creek Drive in San Juan Capistrano, undermining the rear yards and causing damage to some accessory structures. The homeowners had formed a small corporation, S.C. Slide, Inc., to acquire rights to enter the slide property and repair the slide. The agreement defined the land transfers and slide repairs. It provided that S.C. Slide, Inc. will hold harmless and indemnify both the City and Ladera, will post sufficient bonds to insure performance of the repair and will pay all costs associated with the transaction. (2) Memorandum dated October 5, 1999, from the City Manager, forwarding the final draft of the agreement. George Scarborough, City Manager, made an oral presentation advising that the agreement created no financial responsibility for the City. City Council Minutes -5- 1015199 292 Approval of Agreement: It was moved by Council Member Campbell, seconded by Council Member Jones and unanimously carried that the Land Transfer Agreement with DMB Ladera, LLC, S.C.Slide, Inc., and the Stoneridge Owners be approved. PLANNING DIRECTOR APPROVAL OF REZONE 98-05 AND TENTATIVE TRACT MAP 15771; A SUBDIVISION LOCATEDATTHE NORTHEAST CORNER OF VILLAGE ROAD AND RANCHO VIEJO ROAD (OLSON COMPANY) (460.201420.40 (CONTINUED FROM AUGUST 17-1999) A_cplicant: The Olson Co., At1n.: Kim Willauer, 3020 Old Ranch Parkway, Seal Beach, CA 90740 Written Communications: Report dated October 5, 1999 from the Planning Director, reviewing the project's history since original consideration by the Planning Commission on February 25, 1999, through the August 17, 1999, City Council meeting. Staff recommended that the City Council introduce the ordinance approving the amendment to the Specific Development Plan to allow single-family detached residential use as the principal permitted use, adopt the resolution approving Tentative Tract Map 15771; and, approve the reimbursement agreement providing for improvements to Trabuco Creek Road. Thomas Tomlinson, Planning Director, made an oral presentation addressing the Cou ncil's concerns regarding the exact height of the wall, and improvements to Trabuco Creek Road. He advised that the acoustical engineer confirmed that a boundary wall of 8 feet along Rancho Viejo Road would meet the exterior noise standard of an average 60 dBA. He further advised that the level of improvements for the realigned Trabuco Creek Road had been defined and a reimbursement agreement had been developed; further, the developer had concurred with the reimbursement agreement. He advised that a request from the Village San Juan Homeowners Association Board for an extension of the sidewalk along Trabuco Creek Road had not been included as a condition of approval due to the lack of a nexus. Council Member Campbell advised that she would be voting in the negative due to her rezoning concerns, but commended the developer for the improvements made to the project. Introduction of Ordinance: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Jones, seconded by Council Member Hart, that the following Ordinance be introduced: City Council Minutes -6- 10/5199 293 REZONE 98-05 (OLSON COMPANY) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 98-05 AND ADOPTING SPECIFIC DEVELOPMENT PLAN 99-01 FOR THE CONSTRUCTION OF TWENTY-FIVE (25) HOMES TO BE LOCATEDATTHE NORTHEASTCORNER OF RANCHO VIEJO ROAD AND VILLAGE ROAD The motion carried by the following vote: AYES: Council Members} Jones and Hart and Mayor Greiner NOES: Council Member Campbell ABSENT: Council Member Swerdlin Agproval of Tentative Tract MaI2 15771/Reimbursement Agreement: It was moved by Council Member Jones and seconded by Council Member Hart that the Reimbursement Agreement for improvements to Trabuco Creek Road be approved and the following Resolution approving Tentative Tract Map 15771 be adopted: RESOLUTION NO, 99-10-5-3, APPROVING TENTATIVE TRACT MAP_ 15771 - THE OLSON COMPANY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 15771, ALLOWING DEVELOPMENT OF TWENTY-FIVE (25) SINGLE-FAMILY DETACHED HOMES AND A PRIVATE PARK LOCATED AT THE SOUTHEAST CORNER OF VILLAGE ROAD AND RANCHO VIEJO ROAD (THE OLSON COMPANY) The motion carried by the following vote: AYES: Council Members Jones and Hart and Mayor Greiner NOES: Council Member Campbell ABSENT: Council Member Swerdlin 2. APPOINTMENT OF AD-HOC COMMITTEE TO FORM TREE REMOVAL POLICY FOR EUCALYPTUS TREES INFECTED WITH REDGUM LERP PSYLLID (410.90) Written Communications: Report dated October 5, 1999, from the Planning Director, advising that the City had received a number of inquiries and requests for tree removal permits for eucalyptus trees that had become infected with the Redgum Lerp Psyllid. Since the City required a permit authorization to remove a tree, and due to the number of possibly infected trees, it was important to consider a common policy response to address this situation. City Council Minutes -7- 1015199 294 Staff recommended that an Ad -Hoc Committee be appointed to review the situation and prepare a policy document that would be used by the City's Tree Inspector when considering tree removal permit applications. Thomas Tomlinson, Planning Director, made an oral presentation, advising that the Redgum Lerp Psyllid caused leaf drop; that the leaves had a honeydew substance that had the potential to cause damage. Public Comments: (1) Pamela Spaulding, 31511 Via Estelita, stated that she and her husband owned the business park next door to City Hall and that approximately 100 of their eucalyptus trees were infested with the Lerps. Ms. Spaulding advised of damage to tenants' cars and the parking lot; the cost for daily cleanup; and noted her concern that her tenants may not renew leases due to this problem. She requested that this problem be dealt with as quickly as possible. (2) Craig Rahn, 28525 Paseo Diana, stated that he was a private homeowner and president of his neighborhood homeowners association. He advised that the community pool was unusable due to the Lerps and the County had requested removal of the diseased trees; however, the trees were along a City -maintained horse trail and their removal had been denied. He requested swift action to resolve the problem. Appointment of Ad -Hoc Committee: With the consensus of Council, Mayor Greiner and Council Member Campbell were appointed-vto the Ad -Hoc Committee to study and submit a policy statement for considering Tree Removal Permits for trees that had been infected with the Redgum Lerp Psyllid. ORDINANCES - None COUNCILMANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill Eastern Corridor 800.50 Council Member Campbell noted efforts being expended to complete the Corridor. b. League of California Cities (140.2 Mayor Greiner advised that he would be attending the League of California Cities annual conference with Council. Member Swerdlin October 10 through October 12, 1999. city Council Minutes -8- 1015199 295 COUNCIL COMMENTS Council_ Communication (610.25) Council Member Campbell requested that a note be forwarded to Al Simmons expressing the Council's hope for improved health and a speedy return to the Council meetings. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:45 p.m. to the next regular meeting date of Tuesday, October 19, 1999, at 5:30 p.m. in the City Council Chamber. Respectfully submitted, CHERYL JO NS N, CITY CLERK ATTEST: JO) IN GREINER, MAYOR City Council Minutes -9- 10/5199