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08-1202_CC_Minutes_Regular Meeting MINUTES DECEMBER 2, 2008 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: None Mayor Soto called the Regular Meeting of the City Council and the Community Redevelopment Agency of the City of San Juan Capistrano to order at 6:36 p.m. in the City Council Chamber. Council Member Hribar led the Pledge of Allegiance; and Mayor pro tem Nielsen gave the invocation. Mayor Soto dedicated the City Council meeting in memory of Dorothy Gaffney, mother of Matt Gaffney, a Transportation Commissioner and Open Space Committee member, and extended condolences to the Gaffney family. ROLL CALL COUNCIL MEMBERS/DIRECTORS PRESENT: Sam Allevato, Tom Hribar, Dr. Londres Uso, Mayor pro tem Mark Nielsen and Mayor Joe Soto COUNCIL MEMBERSIDIRECTORS ABSENT: None Agenda items are presented in the originally agendized format for the benefit of the minutes' reader, but were not necessarily heard in that order. CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Allevato commented on his recent family trip to Italy and his visit to Sister City Capestrano, Italy. Council Member Hribar reported attending meetings related to the South Orange County Wastewater Authority and the Desalinization Project Participation Committee. OPEN SPACE COMMITTEE REPORT Mayor pro tem Nielsen reported events from the December 1, 2008 meeting including celebration of the election results related to passage of the two open space measures; the committee's efforts to pursue matching fund grants; and the next meeting is scheduled for January 12, 2009, 6:30 pm. 1 12-02-2008 ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced the following upcoming communitywide events: ■ Tree Lighting Ceremony and Candlelight procession ■ Metrolink Holiday Toy Express Train ■ Christmas Home Tour & Holiday Boutique ■ Historical Society's Christmas Tour of Camp Pendleton ■ "Lunch with Santa" hosted by the Youth Advisory Board INTRODUCTIONS AND PRESENTATIONS 1. SUPERVISOR PAT BATES RECOGNITION OF MAYOR JOE SOTO (610.40) Ray Grangoff, representing Orange County Supervisor Pat Bates recognized Mayor Joe Soto for service to the community during his term as Council Member. 2. PROCLAMATION PRESENTED TO THE SAN JUAN CAPISTRANO REGIONAL LIBRARY FOR THEIR 25TH ANNIVERSARY (610.40) Mayor Soto presented a proclamation to Teri Garza, Regional Library Manager, recognizing the 25th Anniversary of the San Juan Capistrano Regional Library. Ray Grangoff, representing Orange County Supervisor Pat Bates, also recognized the 25th Anniversary of the Library. 3. COMMISSIONERS PRESENT AT THE MEETING (110.10) Mayor pro tem Nielsen introduced the following individuals in attendance: Ilse Byrnes, Ronald Denman, and Kathy Hooper, Parks, Recreation and Equestrian Commission; Joann Marquez, Housing Advisory Committee; Dan Merkle, Utilities Commission; Don Tryon and Jan Siegel, Cultural Heritage Commission; Gene Ratcliffe and Bob Cardoza, Planning Commission; Larry Kramer, Transportation Commission; and Laura Freese, Council Member Elect. JOINT MEETING: CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY REGORANIZATION: 1. PUBLIC COMMENTS: None 2, RESOLUTION NO. 08-12-02-01: NOVEMBER 4, 2008 ELECTION RESULTS: LAURA FREESE AND SAM ALLEVATO ELECTED AS CITY COUNCIL MEMBERS; MEASURES X AND Y APPROVED BY THE VOTERS (630.20) 2 12-02-2008 Meg' Monahan, City Clerk, summarize the results of the November 4, 2008 election. Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Nielsen and carried unanimously, 5-0, to adopt Resolution No. 08-12-02-01, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2008, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW." The Certified Election Results are as follows: MEMBER OF THE CITY COUNCIL: Laura Freese 6,764 Sam Allevato 5,685 Joe Soto 5,176 Jess Lopez 2,416 Evangeline Topa 1,465 Sergio Farias 1,133 MEASURE X.- San :San Juan Capistrano, General Open Space Initiative Shall the voters of the city of San Juan Capistrano adopt an ordinance adding section 9-2.104 to the Y Municipal Code requiring that any pending or E future proposed General Plan designation change S for any land presently designated as "Open Space" in the city's General Plan to another allowable use shall not become legally effective unless the N proposed General Plan change is approved by the O city electorate at a special or general city election? YES 10,556 NO 2,839 3 12-02-2008 MEASURE Y: (213rds majority required for passage) San Juan Capistrano, Open Space, Natural Areas, and Clean Water Protection and Preservation Measure Many residents came to San Juan Capistrano for Y its unique open space, natural beauty and history. E Yes on this measure will help preserve and S enhance our natural areas, creeks, historic lands, hillsides, trails, recreation, wildlife, and air and water quality; and reduce traffic congestion. For these purposes, shall the City of San Juan Capistrano issue 30 million dollars in bonds with guaranteed annual independent financial audits, N public review of expenditures, and no funds used O for city administrators' salaries? YES 9,618 NO 4,072 PRECINCT BALLOTS CAST: 7,540 ABSENTEE BALLOTS CAST 7,410 TOTAL BALLOTS CAST: 14,950 Mayor pro tem Nielsen recognized Carol Soto and outgoing Mayor/Council Member Soto for his tenure on the Council. Carol Soto was presented with a bouquet of flowers. Mayor Soto was presented with a ceremonial gavel recognizing his term as Mayor. Mayor Soto commented on this term; thanked the community, staff, and his family; and stepped down from the dais. Mayor pro tem Nielsen turned the meeting over to the City Clerk. Oath of Office and New Council Member Comments Meg Monahan, City Clerk, administered the Oath of Office to newly elected Council Members Laura Freese, and Sam Allevato and presented them with Certificates of Election. The newly elected Council Members took their seats on the dais. Council Members Freese and Allevato addressed the community offering thanks and commenting on their goals. 4 12-02-2008 2. MARK NIELSEN SELECTED TO SERVE AS MAYOR AND DR. LONDRES USO SELECTED TO SERVE AS MAYOR PRO TEMPORE OF THE CITY OF SAN JUAN CAPISTRANO CITY COUNCIL, TERMS ENDING DECEMBER 2009. (630.20) Meg Monahan, City Clerk, called for nominations for the office of Mayor. Council Action: Moved by Council Member Allevato, seconded by Council Member Uso, and carried unanimously, 5-0, to select Mark Nielsen as Mayor, term ending December 2009. Meg Monahan, City Clerk, called for nominations for the office of Mayor pro tem. Council Action: Moved by Council Member Freese, seconded by Mayor Nielsen, and carried 3-2 with Council Members Allevato and Hribar opposed, to select Dr. Londres Uso as Mayor pro tern, term ending December 2009. ROLL CALL: Aye: Council Members: Freese, Uso, and Mayor Nielsen No: Council Members: Allevato and Hribar Abstain: Council Members: None Mayor Nielsen and Mayor pro tem Uso commented on their upcoming terms. 3. RESOLUTION NO. 08-12-02-02 ADOPTED AUTHORIZING THE CURRENT OFFICERS OF THE CITY TO INVEST FUNDS AND DRAW CHECKS ON CITY BANK ACCOUNTS. (320.10) Meg Monahan, City Clerk summarized the agenda report. Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Uso, and carried unanimously, 5-0, to adopt Resolution No. 08-12-02-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DELEGATING TO THE CITY TREASURER AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST CITY FUNDS, AUTHORIZING SIGNATURES AND REPEALING RESOLUTION NO. 07-12-04-01." 4. TOM HRIBAR SELECTED AS CHAIRMAN AND LAURA FREESE SELECTED AS VICE CHAIRMAN OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS, TERMS ENDING DECEMBER 2009. (400.10) Meg Monahan, Agency Secretary, called for nominations for Chair. 5 12-02-2008 Board Action: Moved by Director Allevato, seconded by Director Freese, and carried unanimously, 5-0, to select Tom Hribar to serve as Chairman, term ending December 2009. Meg Monahan, Agency Secretary, called for nominations for Vice Chair. Board Action: Moved by Director Hribar, seconded by Director Allevato, and carried unanimously, 5-0, to select Laura Freese to serve as Vice Chair, term ending December 2009. 5. RESOLUTION NO. CRA 08-12-02-01 ADOPTED AUTHORIZING THE DEPOSIT AND INVESTMENT OF FUNDS AND SIGNATURES ON THE COMMUNITY REDEVELOPMENT AGENCY ACCOUNTS. (320.10) Meg Monahan, Agency Secretary, summarized the agenda report. Board Action: Moved by Director Nielsen, seconded by Director Allevato and carried unanimously, 5-0, to adopt Resolution No. CRA 08-12-02-01, entitled "A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY DELEGATING TO THE AGENCY FINANCE OFFICER AUTHORITY TO DEPOSIT AGENCY FUNDS AND TO INVEST AND REINVEST AGENCY FUNDS, AUTHORIZING SIGNATURES, AND REPEALING RESOLUTION NO. 07-12-04-01." Meg Monahan, City Clerk/Agency Secretary, recessed the meeting of the Community Redevelopment.Agency Board of Directors and turned the meeting over to Mayor Nielsen. ORAL COMMUNICATIONS Joan Irvine Smith, city resident, inquired into the status of financing for the toll road, spoke regarding the Ortega Highway widening project, and supported a partnership for the riding park. Council Member Allevato indicated he would contact her regarding the toll road, and Mayor Nielsen indicated the Council plans to discuss the Ortega Widening Environmental Impact Report comments. Art Guevara, city resident, encouraged city support of a children's art workshop for the Los Rios District. Carole Ettlin, Seasons Senior Apartments Manager, expressed concern over inappropriate use of the Forster Mansion for parties and the impact on the senior apartments. Dave Adams, City Manager, indicated the owners submitted a Conditional Use Permit application and the Seasons Apartments would be notified of the process and hearings. 12-02-2008 Robert Hansen, city resident, spore regarding the noise and disruption originating from the Forster Mansion uses. Clint Worthington, city resident, asked the city to test to be sure needed water pressure is available in case of fire. Dave Adams, City Manager, indicated the city would look into the issue. Dusty Otero, city resident, suggested welcoming new businesses; noted that there is no sidewalk at Camino Lacouague and San Juan Creek Road; suggested blinking lights at school crossings; and inquired into the light system at the EI Adobe crosswalk. Nasser Abbaszadeh, Public Works Director, indicated the El Adobe crosswalk will be repaired in February 2009. CONSENT CALENDAR Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Uso, and carried unanimously, to approve items 1, 3, 4 through 7, 11, and 12 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES APPROVED: CITY COUNCIL ADJOURNED REGULAR MEETING OF OCTOBER NOVEMBER 18, 2008 Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Uso, and carried 4-0-1, with Council Member Allevato abstaining, to approve the minutes of the City Council for the Adjourned Regular Meeting of November 18, 2048, ROLL CALL: Aye: Council Members: Hribar, Freese, Uso, and Mayor Nielsen No: Council Members: None Abstain: Council Member: Allevato 3. ACCOUNTS PAYABLE WARRANTS DATED NOVEMBER 20, 2008, IN THE TOTAL AMOUNT OF $911,779.12; AND PAYROLL WARRANTS DATED NOVEMBER 14, 2008, IN THE TOTAL AMOUNT OF $319,278.16, RECEIVED AND FILED (300,30) 4. CASH BALANCES BY FUND — SEPTEMBER 30, 2008, RECEIVED AND FILED (330.50) 5. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — MONTH ENDING NOVEMBER 15, 2008, RECEIVED AND FILED (440.10) 7 12-02-2008 6. RESOLUTION NO. 08-12-02-03 ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, QUITCLAIMING AN EASEMENT FOR EQUESTRIAN TRAIL. PURPOSES WITHIN ASSESSOR'S PARCEL NO. 650-381-03, AKA LOT 99 OF TRACT 6305 (MERKLE) (30501 GOLDEN RIDGE, LANE);" AND THE CITY CLERK DIRECTED TO PROCESS RECORDING (670.50) 7. RESOLUTION NO. 08-12-02-04: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AGREEING TO A REDISTRIBUTION OF PROPERTY TAXES DUE TO THE REORGANIZATION OF .99 ACRES OF UNINHABITED TERRITORY NORTH OF STONEHILL DRIVE AND EAST OF THE SAN JUAN CREEK CHANNEL (APN 121-240-36)" City Council Priority No. 8a (390.80) 8. TRAFFIC SIGNAL CABINET REPLACEMENT: FUNDING & APPROPRIATION APPROVED; UP TO $40,000.00 FROM GENERAL FUND RESERVE FOR REPLACEMENT OF TRAFFIC SIGNAL CABINETS (330.20/590.50) Nasser Abbaszadeh, Public Works Director, summarized the agenda report and responded to questions. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Hribar, and carried 5-0, to approve funding and appropriation of up to $40,000.00 from the General Fund Reserve for materials and labor to install replacement traffic signal cabinets at Del Obispo Street at Augacate Road, and Rancho Viejo Road at Avenida los Cerrito and Calle de la Rosa intersections; and staff directed to aggressively pursue related claims. 9. CELL COMMUNICATION EQUIPMENT INSTALLATION AT CHRISTMAS TREE FARM APPROVED IN CONCEPT (T-MOBILE) (1030.10) Douglas Dumhart, Economic Development Manager, provided a summary of the agenda report. Public Comment: ■ Ates Baydn, city resident, concerned with cell tower location and potential to set precedent. ■ George Ramirez, representing T-Mobile, project in preliminary phase and will follow the conditional use permit process. ■ Adam Maywhort, city resident, felt council could be proactive and look at all aspects. Council Comments: ■ Cell tower installations should be reviewed by the Planning Commission ■ Beneficial for revenue if not detrimental to city character ■ Resident safety issues should be addressed 8 12-02-2008 Council Action: Moved by Council Member Freese, seconded by Council Member Hribar, and carried unanimously to approve the concept of leasing space at the City's Christmas Tree Farm for a cell site; and staff directed to negotiate terms with T-Mobile. 10. SECOND SATURDAY ART FAIR: SPECIAL ACTIVITIES PERMIT (SAP) 08- 016, 12 MONTH EXTENSION AND FEE WAIVER APPROVED (390.30/460.70) Nick Taylor, Planning Technician, summarized the agenda report. Written Communications: ■ E-mail: Moyra Eulitz, supporting the event (12/1/08) ■ Letter: Randi Peshkin supporting the event (1211108) Randi Peshkin, city resident and event organizer, thanked the council for their continued support. Council Comments: ■ Fee waivers are approved to assist with getting new events underway and are not intended to be on-going. ■ Event brings tourists and community members to town for shopping and produces revenue. Council Action: Moved by Council Member Allevato, seconded by Council Member Hribar, and carried unanimously to approve a 12 month extension of the existing Special Activities Permit (SAP 08-16); and staff directed to waive the $840 Special Activities Permit fees for this business enhancement monthly event as it provides communitywide benefit. 11. STAFF AUTHORIZED TO PROCEED WITH PRE-ZONING OF APN 121-240-36 TO COMMERCIAL MANUFACTURING (CM) DESIGNATION; AND FINALIZE ENVIRONMENTAL DOCUMENTS TO COMPLETE APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR REORGANIZATION APPLICATION (RO) 08-02 (LOWER ROSAN RANCH)(620.20) 12. RESOLUTION NO. 08-12-02-05 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING APPLICATION OF THE CALIFORNIA VEHICLE CODE TO AND DESIGNATING THE COMBINED USE OF REGULAR VEHICULAR TRAFFIC AND THE DRIVING OF GOLF CARTS ON PRIVATE STREETS IN THE MARBELLA PROPERTY OWNERS ASSOCIATION (TRACTS 12954, 13532)" (590.40) PUBLIC HEARINGS: None 9 12-02-2008 RECESS AND RECONVENE Council recessed to convene the San Juan Capistrano Community Redevelopment Agency meeting and reconvened following the agency's business. ADMINISTRATIVE ITEMS: HI. UTILITIES DIRECTOR a. STATUS REPORT -- METHYL TERTIARY BUTYL ETHER (MBTE) TESTING AND REMEDIATION BY CHEVRON (530.25) John O'Donnell, Utilities Director, summarized the agenda report and expressed concern that Chevron was not working for best interests of the city. Michael Donovan, PSOMAS, city's consultant to oversee MTBE testing and remediation by Chevron provided a PowerPoint presentation Public Comments: = Natasha Molla, representing Chevron, disagreed with the staff report indicating that Chevron was committed to working with the Orange County Health Care office and the city. Dan Merkle, Utilities Commission, indicated Chevron had made minimal progress; had not collaborated with the city; and could not be relied upon to cooperate in meeting the city's goals. Council Comments: = Lack of commitment by Chevron to share information with the city. Lost confidence in Chevron. ■ The most cost effective way for Chevron to act was not in the best interests of the city. Omar Sandoval, City Attorney, indicated the matter would be placed on the closed session agenda. Council Action: No action taken. H2 COMMUNITY DEVELOPMENT DIRECTOR a. SPECIAL ACTIVITY EVENTS AND USE OF COMMUNITY RESOURCES POLICY (450.70) Justin Kirk, Assistant Planner, summarized the agenda report and responded to questions. Written Communications: 10 12-02-2008 ■ E-mail: Ana Solis, December 1, 2008, supporting an increase in the number of days allowed for outdoor sales. Karen Crocker, Community Services Director, responded to questions and supported special activity events policy improvements to address private events that use city property. Public Comment: Angela Rohde, city resident, felt that private events significantly impacted area residents by using neighborhood streets for valet parking, amplifying music, holding events without city or alcohol permits. Council Comments: ■ Staff should investigate the City of Irvine's event policy and methods for monitoring sound. ■ Potential for cost recovery ■ Address parking problems ■ Need to balance regulation with the benefit events bring to town Council Action: No action taken. b. ECOLOGY CENTER DEVELOPER DEPOSIT DEFERRED FOR 9 MONTHS (390.30) Grant Taylor, Assistant Planning Director, provided a summary of the agenda report. Evan Marks, Executive Director of the Ecology Center, requested a fee waiver as the center provides educational programs to the community and will be challenged due to start up costs. Council Comment- Developer omment:Developer deposit represents actual cost to the city ■ City's financial outlook is difficult Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Uso, and carried 4-1 with Council Member Hribar opposed, to defer payment of the Ecology Center's developer deposit of $3,000 for the Conditional Use Permit follow-up, review, and permits for nine months. ROLL CALL: Aye: Council Members: Allevato, Freese, Uso, and Mayor Nielsen No: Council Members: Hribar Abstain: Council Member: None 11 12-02-2008 ORDINANCES: 1, ORDINANCE NO. 949 ADOPTED: PERTAINING TO NUISANCE ABATEMENT EXPENSES AND ESTABLISHING AN ADMINISTRATIVE CITATION PROGRAM (340.10) Meg Monahan, City Clerk, read the title of the Ordinance. Council Action: Moved by Council Member Hribar, seconded by Council Member Freese, and carried unanimously to adopt Ordinance No. 949 entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE NO. 883 TO CLARIFY ITS APPLICATION TO THE ENTIRE SAN JUAN CAPISTRANO CENTRAD REDEVELOPMENT PROJECT AREA." COUNCILMANIC ITEMS: 1. CITY COUNCIL APPOINTMENT PROCESS FOR COMMISSIONS AND COMMITTEES (110.20) Meg Monahan, City Clerk, summarized the agenda report. Bob Cardoza, city resident and Planning Commissioner, encouraged more workshop sessions that provide direction to commissions and applicants. He also said it takes a while to learn the commissioner role, legal issues, and technical matters. Council Comments: Past efforts to make changes did not work. ■ Mandated change may have unintended results. ■ Include an Alternate on the Design Review Committee. Use of a mayoral subcommittee to review applicants allows for extensive interviews and finding the right fit Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried unanimously to continue the current City Council appointment process for commissions and Committees while expressing to the mayoral subcommittee the Council's desire to seek out new experience and ideas. Dave Adams, City Manager, anticipated difficult decisions will be needed to address the current budget shortfall and the likelihood that the state may withhold additional money from the city. $2 million in cuts need to be made due to reduced revenue and the state may withhold another $3 to $4 million in funding. The state is also considering an annual contribution to the state by redevelopment agencies. 12 12-02-2008 ADJOURNMENT There being no further business, Mayor Nielsen adjourned the meeting at 11:20 p.m. to Tuesday, December 16, 2008 at 5:30 p.m. for Closed Session and 6:30 p.m. for the Public Business Session in the City Council Chamber. Respectfully sub ,Ott d; TRIARET R. MONAHAN, CITY CLERK Appr ved: December 16, 2008 ES.T: w1d) 1` J - MARK NIELS N, MAYOR 13 12-02-2008