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08-0701_CC_Minutes_Regular MeetingMINUTES ' July 1, 2008 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.85): None BUSINESS SESSION Mayor Soto called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 6:30 p.m. in the City Council Chamber. Council Member Uso led the Pledge of Allegiance and Council Member Allevato gave the invocation. Mayor Soto dedicated the meeting to the late Jack Zepp, Water Advisory Commissioner, who met a tragic and untimely passing on June 18, 2008 when his ultra -light craft crashed. Condolences were extended to his family. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Dr. Londres Uso, and Mayor Joe Soto COUNCIL MEMBERS ABSENT (Excused): Tom Hribar and Mayor pro tem ' Mark Nielsen Agenda items are presented in the originally agendized format for the benefit of the minutes' reader, but were not necessarily heard in that order. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS: Council Member Allevato announced a scheduled Department of Commerce public hearing regarding extension of the 241 Toll Road, to be held in Irvine; Orange County Fire Authority sent 10 units to fight the Northern California fires; and extended an invitation for the 3 year anniversary of the Orange County Great Park celebration. Council Member Uso reported attending numerous meetings. Mayor Soto reported attending the Serra High School and Serra Adult School graduation; the graduation of his son Andrew Soto from Capistrano Valley High School; Mission San Juan Capistrano Summer Night Concert Series; Open Space Barbeque; Eagle Scout presentation; Meeting with City staff, Chamber members, business owners and County Resource agencies in dealing with homeless issues in San Juan Capistrano; Task Force meeting regarding Gang Prevention committee actions; and the ' Water Quality and Watershed Management Committee meeting. 07-01-2008 OPEN SPACE COMMITTEE REPORT Cynthia L. Russell, Assistant City Manager, announced the next scheduled meeting, Monday, July 7, 2008, 7:00 p.m. in the City Council Chambers. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST The following upcoming events were announced: • 4th of July Celebration at the Sports Park • Music Under the Stars & Pacific Boy choir Academy performance at the Mission San Juan Capistrano • Red Cross Blood Drive at the Community Center • Chamber of Commerce Evening Networking Mixer INTRODUCTIONS, PRESENTATIONS, AND DONATIONS 1. JILL THOMAS, SENIOR MANAGEMENT ANALYST RECOGNIZED FOR HER 10 YEARS OF SERVICE TO THE CITY (700.20) 2. HEATHER BARNES, MARCO FORSTER MIDDLE SCHOOL SIXTH GRADE SPECIAL EDUCATION INSTRUCTOR, RECEIVED MAYOR'S AWARD - EDUCATOR OF THE YEAR (610.40) 3. ALLISON FASSETT RECEIVES MAYOR'S AWARD - YOUTH OF THE YEAR (610.40) 4. JULY 2008 PROCLAMED RECREATION AND PARKS APPRECIATION MONTH (610.40) 5. OUTGOING YOUTH ADVISORY BOARD MEMBERS KAYLA FERRARI, JONATHAN HASIRCOGLE, MEGAN LOONEY, MATTHEW MCCORMICK, ANDREW SOTO, VIRGINIA SOTO AND RYAN WAGNER RECOGNIZED FOR SERVICE TO THE CITY (610.40) 6. METHYL TERTIARY BUTYL ETHER (MTBE) TESTING AND REMEDICATION CONDUCTED BY CHEVRON STATUS REPORT RECEIVED (530.25) Michael Donovan, representing PSOMAS, City consultant, narrated a slide presentation and provided a report. Natasha Molla, representing Chevron, provided the updated status of their efforts pertaining to testing and remediation. 2 07-01-2008 7. COMMISSIONERS PRESENT AT THE MEETING (110.10) Council Member Uso recognized the following individuals in attendance: Ron Denman, Parks, Recreation and Equestrian Commission; Laura Freese, Housing Advisory Commission; Bob Cardoza, Planning Commission; and Les Blair, Council Liaison to the San Juan Seniors. ORAL COMMUNICATIONS Patsy Williams, City resident, expressed concern with handicap ramps, crosswalks and gutters. City staff will contact Ms. Williams for further discussion. Joan Irvine Smith, City resident, encouraged looking into transportation alternatives as presented by the Orange County Transportation Authority at a City Council meeting; and MTBE issues. CONSENT CALENDAR Council Action: Moved by Council Member Allevato, seconded by Mayor Soto, and carried unanimously, 3-0, to approve items 1 through 3, 5 through 8, and 11 and 12 as recommended by staff. ' 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. CITY COUNCIL MINUTES OF THE REGULAR MEETING OF JUNE 3, 2008 APPROVED AS SUBMITTED. 3. ACCOUNTS PAYABLE WARRANTS DATED JUNE 19, 2008 IN THE TOTAL AMOUNT OF $1,788,801.12; AND PAYROLL WARRANTS DATED JUNE 13, 2008, IN THE TOTAL AMOUNT OF $304,723.94, RECEIVED AND FILED (300.30) 4. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — MONTH ENDING JUNE 15, 2008, RECEIVED AND FILED (440.10) Ates Baydu, City Resident, was displeased with AT&T building maintenance, noise, stored diesel tanks, and proximity of antennas to homes. City staff will contact Mr. Baydu for further discussion. Council Action: Moved by Council Member Uso, seconded by Council Member Allevato and carried unanimously, 3-0, to receive and file the New Development Applications Status report. 3 07-01-2008 5. AGREEMENT FOR BALL FIELD MAINTENANCE SERVICES WITH E. STEWART AND ASSOCIATES, INC. FOR A ONE YEAR PERIOD, COMMENCING JULY 2, 2008 AND ENDING ON JUNE 30, 2009, IN THE AMOUNT OF $54,920.00 APPROVED (600.30) 6. REVISED MINUTES OF THE ADJOURNED REGULAR MEETING OF MAY 14, 2008 APPROVED AS SUBMITTED. 7. CLAIM OF CASA CAPISTRANO HOME OWNERS ASSOCIATION DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) 8. CLAIM OF ROLANDO CORTES DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) 9. SPEED HUMPS ON HILLSIDE TERRACE FROM HIGHLAND DRIVE SOUTH AND EAST TO SILVER CREEK DRIVE APPROVED WITH REVISION (590.50) Written Communications: Staff report dated, July 1, 2008, by Alan Oswald, Senior Traffic Engineer Correspondence in opposition to speed hump installations: • June 24, 2008 -- Paul F. Rafferty • June 23, 2008 -- Barbara and Richard Hernandez • June 29, 2008 -- Rudolf L. Brutoco, M.D • June 29, 2008 -- Louis Brotoco • June 28, 2008 -- Ronald Haxton Correspondence in favor of speed hump installations: • June 30, 2008 -- Mary Pinto • June 30, 2008 -- Martin Pickett Public Testimony: The following neighborhood residents individuals spoke in support of the speed humps: • Joy Berus • Joan Priestley • Frank Graceffa • David Larsen • Marc Franz • Reed Royalty • Martha Blanch 4 07-01-2008 • Jim Priestley ' • Martha Pickett • Jeffrey Fox • Scott Walker The following neighborhood residents spoke in opposition to speed humps: • Ronald Haxton • Lewis O'Reilly • Tom Barrett • H J Weiland Council Action: Moved by Council member Allevato, seconded by Mayor Soto and carried unanimously, 3-0, to approve approved the Speed Hums on Hillside terrace from Highland Drive South and East to Silver Creek Drive, and adding that the number of speed humps will be determined by an engineering study. 10. FISCAL YEAR 2008-2009 SOUTH ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA) BUDGET APPROVED; AND THE CITY'S SHARE OF $3,702,620 TO BE ALLOCATED TO VARIOUS SOCWA ACCOUNTS AND FUNDED FROM THE SEWER ENTERPRISE REVENUES APPROVED (330.50) ' 11. FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR A PROPOSED OFF -SALE BEER AND WINE LICENSE THE 7 -ELEVEN GAS STATION AND FOOD MART (26572 JUNIPERO SERRA RD)(APN:649-011-29)(SAN JUAN SERVICE) (585.15) -- ITEM WAS WITHDRAWN FROM THE AGENDA BY THE APPLICANT 12. ONE VACANCY DECLARED ON THE WATER ADVISORY COMMISSION; AND THE CITY CLERK DIRECTED TO SOLICIT APPLICATIONS(110.20) 13. CITY MANAGER AUTHORIZED TO AKNOWLEDGE LETTERS OF INTENT TO CONSTRUCT WATER, WASTEWATER AND RECYCLED WATER INTERCONNECTS BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SANTA MARGARITA WATER DISTRICT AND RANCHO MISSION VIEJO (600.50) Council Action: Moved by Council member Uso, seconded by Council member Allevato and carried unanimously, 3-0, to authorized the City Manager to Acknowledge the Letter of Intent from Santa Margarita Water District (SMWD) regarding the construction of joint water, wastewater and recycled water interconnects including any non -substantive changes as approved by the City Attorney; and send the proposed Letter of Intent fro related projects to Rancho ' Mission Viejo regarding their necessary involvement to facilitate these joint facilities. 07-01-2009 PUBLIC HEARINGS REZONE (RZ) 08-001 RELATING TO VARIOUS AMENDMENT TO THE ZONING MAP, LAND USE CODE (TITLE 9), AND COMPREHENSIVE DEVELOPMENT PLAN 81-02 (GLENFED-LOMAS SAN JUAN): PROJECT NEGATIVE DECLARATION ADOPTED; AND FIRST READING AND INTRODUCTION OF AN ORDINANCE ADOPTING THE REZONE APPROVED (460.20) Written Communications: Staff report dated, July 1, 2008, by Steven Apple, Community Development Director Letter dated, June 30, 2008, from Margaret Chard, requesting the approval of the rezone. Mayor Soto opened the public hearing. Public Testimony: The following City residents spoke in support of the rezone: • Margaret Chard • Valerie Drey Mayor Soto closed the public hearing. Council Action: Moved by Council Member Uso, seconded by Council Member Allevato, and carried unanimously 3-0, to: a. Adopt the negative declaration for Rezone 08-001; and b. First reading and introduction approved for an Ordinance entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING REZONE (RZ) 08-001 RELATING TO VARIOUS AMENDMENTS TO THE ZONING MAP, LAND USE CODE (TITLE 9), AND COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-02 (GLENFED-LOMAS SAN JUAN)." RECESS AND RECONVENE Council recessed to convene the San Juan Capistrano Community Redevelopment Agency meeting and reconvened following the agency's business. 07-01-2008 ADMINISTRATIVE ITEMS: ' 1. COMMUNITY DEVELOPMENT DIRECTOR a. CONSIDERATION OF CHAMBER OF COMMERCE REQUEST TO MODIFY SIGN STANDARDS FOR AUTO DEALERS (410.40) -- NO ACTION TAKEN Steven Apple, Community Development Director, summarized the staff report. Council concurred to do all that is possible within reason to facilitate applications or inquiries from the car dealers, without jeopardizing any current standards. ORDINANCES - None COUNCILMANIC ITEMS ANNUAL APPOINTMENTS MADE TO THE YOUTH ADVISORY BOARD AND CONTINUED SOLICITATIONS FOR AN ADULT ADVISOR APPROVED. (110.20) Maria Morris, Deputy City Clerk, summarized the report. Council Action: Moved by Council Member Allevato, and seconded by Council Member Uso, and carried unanimously 3-0, to appoint the following to the Youth Advisory Board, with terms ending August 31, 2009. Adult Advisor: James Schenold Youth Members: Alex Anderson, Santa Margarita Catholic High School Courtney Avila, J Serra Catholic High School Brett Bell, Capistrano Valley High School Michael Chevallier, Capistrano Valley High School Jill Copley, Capistrano Valley High School Derek DeCaro, Capistrano Valley High School Brendan Dilloughery, Dana Hills High School Tara Lanigan, J Serra catholic High School Georgina Lean, St. Margaret's Episcopal School Tyler Marano, St. Margaret's Episcopal School Rachel Shangraw, Capistrano Valley High School ' Brandon Sisola, Capistrano Valley High School Kelsey St. Onge, Capistrano Valley High School 07-01-2008 Farida Valji, St. Margaret's Episcopal School Hilary Vansell, Capistrano valley High School ADJOURNMENT There being no further business, Mayor Soto adjourned the meeting at 10:10 p.m. to Tuesday, July,15, 2008 at 5:30 p.m. for Closed Session, and 6:30 p.m. for the public Busine)A §p ion in the City Council Chamber. t DEPUTY CITY CLERK Approved: July 15, 2008 8 07-01-2008