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04-0706_CC_Minutes_Regular MeetingMINUTES J U LY F, 2004 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.85): A Closed Session was held for the following purposes, as authorized by statute: 1. Pursuant to Government Code section 54957.6, the City Council conferred with its labor negotiator (City Manager) regarding labor negotiations with the San Juan Capistrano Employees Association and Management Employees Association. Mayor Soto called the regular meeting of the City Council of the City of Sar} Juan Capistrano to order at 7:02 p.m. in the City Council Chamber. Council Member Allevato led the Pledge of Allegiance and Council Member Swerdlin gave the invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Diane Bathgate, David M. Swerdlin,. Mayor pro tem Wyatt Hart, and Mayor Joe Soto. COUNCIL MEMBERS ABSENT: None STAFF PRESENT: David Adams, City Manager; William M. Huber, Assistant City Manager; Cynthia L. Russell, Administrative Services Director; John Shaw, City Attorney; Meg Monahan, City Clerk; Molly Bogh, Planning Director; Amy Amirani, Public Works Director; Ray Holland, Interim Engineering and Building Director; Al King, Jr., Community Services Director; Lt. J. B. Davis, Chief of Police Services; Douglas Dumhart, Economic Development Manager; William A. Ramsey, Principal Planner; and Eileen White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Members commented on the high recognized the staff involved in conducting and businesses contributing to its success. duality of the 4th of July celebration. They the celebration and thanked the volunteers Council Member Swerdlin reminded the public to take precautions against West Nile Virus exposure; and distributed copies of Transportation Commission Agencies (TCA) highlights summary memo. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST 7-6-04 Al King, Jr., Community Services Director, advised the public to access the sponsoring websites for details regarding musical concerts at the Mission San Juan Capistrano and Shakespeare in the Park events; and announced upcoming communitywide events including the San Juan Summer Nites Concert and City -sponsored Business Expo to be held on July 21, 2004. INTRODUCTIONS PRESENTATIONS AND DONATIONS 1. MAYOR'S AWARD — COMMUNITY SERVICES LEADER OF THE YEAR PRESENTED TO GERRI MONAHAN AND THE VOLUNTEERS AT FATHER SERRA'S PANTRY AND CLOTHES CLOSET (610.40) Mayor Soto recognized Gerri Monahan and the volunteers of Father Serra's Pantry and Clothes Closet for their spirit, dedication and contributions to the community and presented them with the Mayor's Award for 2004 Community Services Leader of the Year. 2. LONG TERM EMPLOYEE TONY FOSTER RECOGNIZED (730.90) William M. Huber, Assistant City Manager, recognized Tony Foster, Engineering Assistant, for his 25 years of service to the city. 3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Hart recognized the following individuals who were in attendance: Gene Ratcliffe and Robert Cardoza, Planning Commission; Joann de Guevara, Housing Advisory Committee; Don Tryon, Cultural Heritage Commission; ,foe Drey, Water Advisory Commission; Brad Gates, Retired Orange County Sheriff; Ilse Byrnes, Parks, Recreation and Equestrian Commission; and Roy Byrnes, former Mayor. ORAL COMMUNICATIONS Giovanni Chiarella, Operations Manager for American Medical Response Ambulance Service, advised that his company was ranked number one by the Orange County. Fire Authority (OCFA) during the City's recent request for proposals for ambulance service process. He looks forward to serving the City's citizens and meeting staff and Council Members. Hal Longley, 26581 Royale Drive, requested additional support from the City to pursue a sound wall from Caltrans. Ray Holland, Interim Engineering & Building Director, reported that a Caltrans study of the sound wall was expected by next week. Council Member Swerdlin indicated he had discussed the matter with appropriate authorities and a study of the area was under way. Mayor Soto requested that Staff provide regular communications with Longley concerning the project status. 2 7-6-04 CONSENT CALENDAR Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Hart and carried unanimously, 5-0, to approve items 1 through 9; 11 through 13; and 16 through 19 as recommended by staff. I . MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. RESOLUTION NO. 04-07-06-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTIMATING THE AMOUNT OF MONEY TO BE RAISED BY AD VALOREM TAXATION IN THE CITY OF SAN JUAN CAPISTRANO DURING THE FISCAL YEAR 200412005 FOR DEBT SERVICE AND REQUESTING THE LEVY OF A TAX IN THE CITY OF SAN JUAN CAPISTRANO," SETTING THE TAX RATE OF $0.0357 PER $100 OF ASSESSED VALUATION; AND THE CITY CLERK DIRECTED TO FORWARD A CERTIFIED COPY OF THE RESOLUTION TO THE ORANGE COUNTY ASSESSOR AND AUDITOR/CONTROLLER OFFICES FOR INCLUSION ON THE 2004/2005 TAX ROLLS. (390.80) 3. SOUTH ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA) FISCAL YEAR 2004/2005 BUDGET APPROVED. (330.50) 4. PLANS AND SPECIFICATIONS FOR THE RANCHO VIEJO ROAD REHABILITATION, MALASPINA ROAD TO 1700 FEET SOUTH (CIP NO. 127) APPROVED; AND STAFF AUTHORIZED TO RECEIVE BIDS. (600.30) 5. REPORT OF INVESTMENTS — MONTH ENDING MAY 31, 2004, RECEIVED AND FILED. (350.30) 6. PRIORITY LIST OF UNDERGROUND UTILITY DISTRICT CONVERSION REVISED AS FOLLOWS: 1) EL CAMINO REAL, YORBA STREET TO FORSTER STREET AND NORTH OF ORTEGA HIGHWAY TO 130 FEET NORTH OF SPRING STREET (UUD 99-01),2) DEL OBISPO STREET, NORTH OF CALLE ASPERO TO AGUACATE ROAD, 3) DEL OBISPO STREET, WEST OF ALIPAZ STREET TO EAST OF PASEO ADELANTO, 4) CAMINO DEL AVION, ALIPAZ STREET TO WEST OF VIA POSITIVA, 5) DEL OBISPO STREET, WEST OF ALIPAZ STREET TO AGUACATE ROAD, AND 6) DEL OBISPO STREET, SOUTH OF CALLE ASPERO TO PASEO DE LA PAZ AND SOUTH OF WINDJAMMER DRIVE TO 600 FEET NORTH OF BLUE FIN DRIVE. (CIPS NO. 102 AND 122) (1010.60) 7. PERSONAL SERVICES AGREEMENT WITH LAN ENGINEERING CORPORATION FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CITY SEWER HYDRAULIC CAPACITY PROJECT NO. 1 AND NO. 6, IN THE AMOUNT OF $174,460, APPROVED. (CIP NO. 716) (600.30) 3 7-6-04 8. MINUTES OF THE REGULAR MEETING OF JUNE 1, 2004, APPROVED AS SUBMITTED. 9. PERSONAL SERVICES AGREEMENT WITH SECURTEC DISTRICT PATROL, INC. TO PROVIDE SUPPLEMENTAL PARKING ENFORCEMENT OF THE OVERNIGHT PARKING PERMIT PROGRAM AT THE CAPISTRANO VILLAS I, 11, III, IN THE AMOUNT OF $22,800, FROM JULY 1, 2004 TO JUNE 30, 2005, APPROVED. (600.30) 10. RENEWAL AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC., IN THE AMOUNT OF $60,416.00, FOR SERVING SIX CROSSING GUARD LOCATIONS FROM JULY 1, 2004 THROUGH JUNE 30, 2005, APPROVED (600.30) Council Member Swerdlin ascertained that the investment policy limit has not changed and staff agreed to provide documentation. Mayor Soto thanked staff for adding the crossing guard at Camino Capistrano and La Zanja Street to serve the pedestrian traffic from San Juan Villas. Council Action: Moved by Mayor Soto, seconded by Council Member Swerdlin and carried unanimously, 5-0, to approve the Renewal of Agreement with All City Management Services, Inc., in the amount of $60,416.00, for servicing six crossing guard locations from July 1, 2004 through June 30, 2005. 11. AGREEMENT WITH TRAUMA INTERVENTION PROGRAMS, INC., FOR VOLUNTEER TRAUMA INTERVENTION RESPONSE TO CRITICAL INCIDENTS FOR $4,300 FROM JULY 1, 2004 TO JUNE 30, 2005, APPROVED. (600.30) 12. RENEWAL OF THE WATER QUALITY ORDINANCE IMPLEMENTATION AGREEMENT WITH THE ORANGE COUNTY FLOOD CONTROL DISTRICT, FOR A PERIOD OF THREE YEARS, APPROVED. (600.50) 13. CASH BALANCES BY FUND — MAY 31, 2004, RECEIVED AND FILED. (330.50) 14. PAYMENT OF FEES ASSOCIATED WITH THE SPECIAL 4(D) RULE INTERIM HABITAT LOSS MITIGATION PLAN, IN THE AMOUNT OF $165,000, PAYABLE TO THE NATURE CONSERVANCY APPROVED; RESOLUTION NO. 04-07-06- 02 ADOPTED APPROVING A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR RIPARIAN HABITAT CONSERVATION PURPOSES FOR THE 760 S ZONE RESERVOIR PROJECT; AND THE CITY CLERK DIRECTED TO PROCESS RECORDING OF THE DECLARATION: (CIP NO. 791) (1050.70) 4 7-6-04 This item was voted upon separately to allow Council Member Bathgate to abstain. Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Hart, and carried 4-0-1, with Council Member Bathgate abstaining, to authorize payment of fees associated with the Special 4(d) Rule Interim Habitat Loss Mitigation Pian, in the amount of $165,000, payable to the Nature Conservancy; adopt Resolution No. 04-07-06-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR CONSERVATION PURPOSES FOR THE 760 S ZONE RESERVOIR PROJECT;" and direct the City Clerk to process recording of the Declaration. ROLL CALL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS Hart, Swerdlin, Allevato, Mayor Soto None Bathgate 15. ACCOUNTS PAYABLE WARRANTS DATED JUNE 10, 2004, IN THE AMOUNT OF $649,648.20 AND JUNE 24, 2004, IN THE AMOUNT OF $1,740,791.66; AND PAYROLL WARRANTS DATED JUNE 3, 2004, IN THE AMOUNT OF $246,869.07 AND JUNE 17, 2004, IN THE AMOUNT OF $303,406.02, RECEIVED AND FILED (300.30) This item was voted upon separately to allow Council Member Bathgate to abstain. Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Hart, and carried 4-0-1, with Council Member Bathgate abstaining, to receive and file accounts payable warrants dated June 10, 2004, in the amount of $649,648.20 and June 24, 2004, in the amount of $1,740,791.66; and payroll warrants dated June 3, 2004, in the amount of $246,869.07 and .lune 17, 2004, in the amount of $303,406.02. ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Hart, Swerdlin, Allevato, Mayor Soto None Bathgate 7-6-44 16. RENEWAL OF AGREEMENT WITH PEPPERDINE UNIVERSITY TO PROVIDE CONSULTANT SERVICES FOR GANG PREVENTION SERVICES FOR $52,520, FROM JULY 1, 2004 THROUGH JUNE 30, 2005, APPROVED. (600.30) 17. FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE FOR THE PROVISION OF LAW ENFORCEMENT SERVICES, IN THE AMOUNT OF $5,331,979, FROM JULY 1, 2004 TO JUNE 30, 2005 APPROVED (ORANGE COUNTY SHERIFF DEPARTMENT). (600.50) 18. RESOLUTION NO. 04-07-06-03 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING ITS ARTICLE XIIIB APPROPRIATION LIMITATION (GANN LIMIT) FOR THE 2004/2005 FISCAL YEAR," ADOPTED ESTABLISHING THE 2004/2005 APPROPRIATION LIMITATION OF $44,568,364. (330.20) 19. INVESTMENT POLICY FOR THE CITY OF SAN JUAN CAPISTRANO FOR FISCAL YEAR 2004/2005 APPROVED; AND THE CITY CLERK DIRECTED TO FORWARD THE INVESTMENT POLICY TO THE CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION. (350.30) PUBLIC HEARINGS EASEMENT GRANTED TO SDG&E WITHIN PASEO TIRADOR AND AN ADJACENT CITY -OWNED PROPERTY FOR UNDERGROUND ELECTRIC FACILITIES. (670.50) Descri tion: San Diego Gas & Electric (SDG&E) requested an easement in order to provide power to a City wellsite located near the west cul-de-sac of Paseo Tirador. Staff recommended Council grant the subject easement. Written Communications: Report dated July 6, 2004, by Ray Holland, Interim Engineering and Building Director. Presentation: Ray Holland, Interim Engineering and Building Director, summarized the staff report. Mayor Soto opened the public hearing and there being no public testimony, closed the public hearing_ Council Action: Moved by Council Member Bathgate, seconded by Council Member Swerdlin, and carried unanimously, 5-0, to grant an easement to SDG&E within Paseo Tirador and an adjacent City -owned property for electric facilities; and direct the City Clerk to process the document for recording. 6 7-6-04 2. INTRODUCTION OF ORDINANCE APPROVING THE AMENDMENTS TO THE "R&D" (RESEARCH AND DEVELOPMENT/OFFICE) DISTRICT DEVELOPMENT STANDARDS OF COMPREHENSIVE DEVELOPMENT PLAN 81-01, FORSTER CANYON PLANNED COMMUNITY, APPROVED. (460.20) Mayor Soto and Council Member Bathgate recused themselves from consideration of this item due to their working relationships with the applicant. Description: Capistrano Unified School District (CUSD) requested approval of certain amendments consisting of proposed changes to standards including building height, exterior lighting, roof -mounted equipment, wall plane relief, and landscape buffers, to the development standards established by the Forster Canyon Comprehensive Development Plan for the "R&D" (Research and Development/Office) District. The request includes a proposal to increase the maximum building height to 39'-0 to accommodate 10'-0 finished ceilings and 4'- 0 attic space for two stories and a roof height of I V-0. Staff recommended City Council discretion with respect to the requested amendment to increase the maximum 35'-0 height standard to 39'-0 for the R&D District main buildings; and approval of first reading and introduction of the Ordinance approving amendments to the development standards established by the Forster Canyon Comprehensive Development Plan for the R&D District. Written Communications: Report dated July 6, 2004, by Molly Bogh, Planning Director. Written Communications from Anne Fox, Gila Jones, Susan E. Palazzo, and Eric and Gina Overton opposing any change to the existing 35'-0 height restriction. Presentation: William A. Ramsey, Principal Planner, reviewed the staff recommendation. Dave Doomey, Associate Superintendent for CUSD, provided a history of the school district, described uses proposed for the new building, and urged the Council to approve the amendments as the required findings have been met. Anson Rain, PJHM Architect, discussed the reasons behind the request for the higher building height, which include the ability to make the building function optimally, provide adequate room to house the required mechanical equipment, feature 10 foot ceilings for the large rooms, incorporate the preferable roof design, and be aesthetically pleasing. The unique site and surroundings are removed from the City's core, separate from other developments, and well blended with the natural terrain. He asked the Council to approve the amended standards as proposed. 7 7-6-04 Public Testimonv: Sharon Cheever, City resident, McCracken Hill R & G Maintenance Corporation Board Member, supported the project with the proposed height exemption due to the additional freeway buffering the project will provide to McCracken Hill residents. Richard Hill Adams, City resident, McCracken Hill R & G Maintenance Corporation Board Member, supported the project with the proposed height exemption due to the increased quality of life as a result of freeway noise buffering for the McCracken Hill residents and the fact that the additional height does not threaten any views. Mark Nielsen, City resident, opposed the proposed height exemption because the City will not benefit financially or otherwise from the restriction reduction, the project may set precedence for future projects, other businesses within the City have been able to build within the restrictions, and the character of the site will be drastically changed. Mary Kelly, City resident, opposed the proposed. height exemption. Lewis Rodriquez, City resident, supported the project and the height exemption. The project will not set precedence because of its unique topographical location and the District has made a compelling case to grant the exception. Council Comment: Council Members supported the project and the 39 -foot height limit due to reasons related to blocking freeway noise operations efficiency, the need for higher ceiling to provide for building ventilation, and the uniqueness of the site. Meg Monahan, City Cleric read the title of the Ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01, FORSTER CANYON PLANNED COMMUNITY, 'R & D' (RESEARCH & DEVELOPMENT -OFFICE) DISTRICT STANDARDS." Council Action: Moved by Council Member Allevato, seconded by Council Member Swerdlin, and carried 3-0-2, with Mayor Soto and Council Member Bathgate abstaining, to approve the 39 foot height limit option; and introduce the Ordinance approving amendments to the development standards established by the Forster Canyon Comprehensive Development Plan for the Research and Development/Office District. 7-6-04 ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: RECESS AND RECONVENE Hart, Swerdlin, Allevato None Mayor Soto, Bathgate Council recessed at 8:29 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 8:31 p.m. ADMINISTRATIVE ITEMS G1. PLANNING DIRECTOR a. RESOLUTION NO. 04-07-06-04 ADOPTED CONDITIONALLY APPROVING THE PRELIMINARY IMPROVEMENT PLANS AND ADOPTING THE IMPLEMENTATION AGREEMENT FOR THE SOUTH COAST WATER DISTRICT'S PROPOSED ACCESS DRIVE. (600.50) Mayor Soto recused himself from considering this item due to a business relationship with the applicant. Description: South Coast Water District submitted preliminary improvement plans to construct an access drive from Stonehill Drive to their 29 acre site located south of Stonehill Drive. Although the entrance and approximately 320 feet of the access drive is situated in the City of San Juan Capistrano, the entire developable portion of the 29 acre site is situated in the City of Dana Point. Future development of the site with public and private uses could result in potentially significant traffic, land use, and related impacts on the City. The proposed Implementation Agreement addresses Phase I impacts and provides for future analysis and mitigation measures as the project moves forward. Phase construction includes the access drive and a Groundwater Recovery Facility. Staff recommended Council adopt a Resolution approving the preliminary improvement plans and the Implementation Agreement for the South Coast Water Districts proposed access drive. Written Communications: Report dated July 6, 2004, by Molly Bogh, Planning Director. Presentation: William A. Ramsey, Principal Planner, reviewed the staff recommendation. 9 7-6-04 Joel Bishop, president of the South Coast Water District Board, thanked staff for their assistance during the application process. Jim Smith, Project Manager for the South Coast Water District, discussed site orientation and boundaries, detailed problems with the existing access, discussed other access points considered, reviewed the street improvements the district will be required to fund or construct, and discussed mitigation measures, benefits to residents, and the 100 year flood requirements. He thanked staff for their assistance and urged Council to approve the request. Public Comment: Richard Gardner, 27011 Calle Maria, felt the proposed curb -cut was not needed at this time and suggested alternate accesses and strategies for increasing the benefits to San Juan Capistrano residents. Jim Cassidy, 32742 Alipaz Street, #168, his property to remain as a nursery and affect his ability to sell in the future. opposed this project because he wants concern about encumbrances that may Jennifer Harrison, 33751 Camino Capistrano, asked that access serve the adjacent property owners as well as SCWD. She is concerned about the impacts from additional development that may occur once access is established. Council Action: Moved by Council Member Bathgate, seconded by Council Member Swerdlin, and carried 4-0-1 with Mayor Soto abstaining, to adopt Resolution No. 04-07-06-04, entitled "PUBLIC IMPROVEMENT PLAN 04-01 SOUTH COAST WATER DISTRICT (SCWD)." ROLL CALL AYES: COUNCIL MEMBERS: Hart, Swerdlin, Allevato, Bathgate NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Mayor Soto ORDINANCES ORDINANCE 893 RELATED TO DEVELOPMENT AGREEMENT AMENDMENT FOR PACIFICA SAN JUAN ADOPTED. (600.30) Description: A second reading and adoption of the Ordinance is necessary to approve the Amendment and Restatement of the Development Agreement for the Pacifica San Juan Project. 10 7-6-04 Written Communications: Report dated July 6, 2004, by Mitzi Ortiz, Deputy City Clerk. Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE PACIFICA SAN JUAN PROJECT (SJD PARTNERS, LTD.)." . , Council Action: Moved by Mayor pro tem Hart, seconded by Council Member Allevato, and carried 4-0-1, with Council Member Bathgate abstaining, to adopt Ordinance 893 approving the Amendment and Restatement of Development Agreement for the Pacifica San Juan project. ROLL CALL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS COUNCILMANIC ITEMS Hart, Swerdlin, Allevato, Mayor Soto None Bathgate 1. JOE DREY APPOINTED TO THE PLANNING COMMISSION, TERM ENDING JANUARY 31, 2006; VACANCY DECLARED ON THE WATER ADVISORY COMMISSION; AND THE CITY CLERK DIRECTED TO FILL THE VACANCY. (110.20) Description: Appointed Council Subcommittee Members Mayor Soto and Council Member Bathgate reviewed the four applications submitted for the vacant Planning Commission position. The subcommittee recommended that Joe Drey be appointed to the vacant position; a vacancy be declared on the Water Advisory Commission; and the City Clerk directed to fill the vacancy. Written Communications: Report dated July 6, 2004, by Bill Huber, Assistant City Manager. Presentation: Council Member Bathgate reviewed the subcommittee recommendation. Council Action: Moved by Council Member Bathgate, seconded by Mayor pro tem hart, and carried unanimously, 5-0, to appoint Joe Drey to fill the vacancy on the Planning Commission, term ending January 31, 2006; and declare a vacancy on the Water Advisory Commission and direct the City Clerk to post appropriate notices and solicit applications for that vacancy. 1 I 7-6-04 ADJOURNMENT There being no further business, Mayor Soto adjourned the meeting at 9:33 p.m. to Tuesday, July 20, 2004, at 5:00 p.m. for Closed Session, and 7:00 p.m., for the Public Business Session, in the City Council Chamber. Respectfully submitted, R. MONAHAN, CITY CLERK roved: August 44004 A JOE SOTQ, MA 12 7-6-04