Loading...
05-0315_CC_Minutes_Regular MeetingMINUTES MARCH 15, 2005 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.85) A closed session was held for the following purposes, as authorized by Statute: Pursuant to Government Code section 54956.9, the City Council conferred with its legal counsel regarding the status of Scalzo v. City of San Juan Capistrano. 2. Pursuant to Government Code section 54596.9(b) (1), the City Council conferred with its legal counsel regarding one matter. Mayor Hart called the regular meeting of the City Council of the City of San Juan Capistrano to order at 7:01 p.m. in the City Council Chamber. Council Member Allevato led the Pledge of Allegiance and Mayor pro tem Swerdlin gave the invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Diane Bathgate, Joe Soto, Mayor pro tem David M. Swerdlin, and Mayor Wyatt Hart. COUNCIL MEMBERS ABSENT: None STAFF PRESENT: David Adams, City Manager; William M. Huber, Assistant City Manager; Cynthia L. Russell, Administrative Services Director; Omar Sandoval, Deputy City Attorney; Meg Monahan, City Clerk; Molly Bogh, Planning Director; Nasser Abbaszadeh, Engineering and Building Director; Lt. J. B. Davis, Chief of Police Services; William Ramsey, Principal Planner; Karen Crocker, Community Services Manager; and Eileen White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Bathgate reported San Juan Basin Authority water quality testing at the mouth of the San Juan Creek for a potential desalter project and to measure pollution. Council Member Soto acknowledged serving as "Principal of the Day" at Kinoshita School. 3-15-2005 Mayor pro tem Swerdlin announced the Vector of the Month, the Smokey Brown Cockroach; and increased revenues from the San Joaquin Hills and the Foothill Eastern Corridors, 9.4% and 4.9% respectively. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Manager, announced upcoming events related to the Fiesta de las Golondrinas and St. Joseph Day, including several family oriented events sponsored by the Mission San Juan Capistrano; the Swallows Day Parade and Mercado sponsored by the Fiesta Association on March 19, 2005; and the Swallows Day Pancake Breakfast, sponsored by Rotary and the Women's Club on March 19, 2005. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS 1. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Swerdlin introduced the following individuals in attendance: Joann de Guevara, Joanne Marquez, Marie Buckner, and Claude Vincent, Housing Advisory Committee Members; Bob Cardoza, Gene Ratcliffe, Sheldon Cohen, Planning Commissioners; Phillip Schwartze, former Mayor; and T. J. Meadows, former Executive Director of the water company. ORAL COMMUNICATIONS Jeff Peo, City resident, requested that the wall approved between the Camino Capistrano 2 Homeowner's Association and the JSerra High School be lowered from 8 - feet high to 6 -feet high. Omar Sandoval, Deputy City Attorney, felt it may be difficult to change the approval at this point. Molly Bogh, Planning Director, will be in contact with Mr. Peo. CONSENT CALENDAR Council Action: Moved by Council Member Soto, seconded by Council Member Bathgate and carried unanimously, 5-0, to approve items 1 through 8 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF FEBRUARY 15, 2005 APPROVED AS SUBMITTED. 2 3-15-2005 3. ACCOUNTS PAYABLE WARRANTS DATED MARCH 3, 2005, IN THE AMOUNT OF $955,900.65; AND PAYROLL WARRANTS DATED FEBRUARY 25, 2005, IN THE AMOUNT OF $348,612.38, RECEIVED AND FILED. (300.30) 4. PERFORMANCE BOND ASSOCIATED WITH THE AGREEMENT ESTABLISHING SLOPE DISPLACEMENT WARRANTY PROGRAM FOR TENTATIVE TRACT 14398, WITH CONCORDE DEVELOPMENT/SAN JUAN VILLAS, L.P., AUTHORIZED FOR RELEASE. (600.30) 5. JOINT AGREEMENT FOR THE ORANGE COUNTY 800 MEGAHERTZ SYSTEM APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT. (600.50) 6. CITY COUNCIL SUBCOMMITTEE RECOMMENDATION TO ALLOCATE COMMUNITY ORGANIZATION GRANT PROGRAM FUNDS IN THE AMOUNT OF $3,000 FOR FISCAL YEAR 2004-2005 FOR HIGH SCHOOL GRAD -NITS ACTIVITIES AS FOLLOWS: $1,560 TO CAPISTRANO VALLEY HIGH SCHOOL; $1,140 TO DANA HILLS HIGH SCHOOL; AND $300 TO SAN CLEMENTE HIGH SCHOOL, APPROVED. (330.20) 7. AMENDMENT NO, 10 TO THE COOPERATIVE AGREEMENT NO. C-95-989 COMBINED TRANSPORTATION FUNDING PROGRAMS MASTER FUNDING - AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) APPROVED. (600.50) 8. CLAIM OF ARLENE BIRDSELL DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY. (170.70) PUBLIC HEARINGS - None RECESS AND RECONVENE Council recessed at 7:13 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 8:11 p.m. ADMINISTRATIVE ITEMS G1. PLANNING DIRECTOR a. URGENCY ORDINANCE NO. 903 ESTABLISHING A DEVELOPMENT MORATORIUM TO ALLOW THE CITY TO INVENTORY HISTORIC 3 3-15-2005 STRUCTURES AND ESTABLISH ZONING STANDARDS FOR THE "MISSION HILL -MISSION FLATS" AREA ADOPTED WITH REVISIONS. (460.30) Description: The Interim Urgency Ordinance for the "Mission Hill -Mission Flats" neighborhood was adopted April 15, 2003, and extended for one year on May 20, 2003, and again on April 2, 2004. The main purpose of the ordinance was to prevent further development of higher density housing until new zoning standards could be adopted to ensure new development is compatible with the character of the neighborhoods. During assessment, staff determined that a number of the existing homes in the neighborhoods are historically significant and would quality for listing on the City's Inventory of Historic and Cultural Landmarks (IHCL). Because staff's work cannot be completed prior to the expiration of the ordinance, a new Interim Emergency Ordinance must be adopted, which would be in effect for 45 days. Staff will return to the City Council on April 19 to secure an extension of the new Interim Urgency Ordinance to allow adequate time to complete the adoption process for the new zoning ordinance provisions. Staff recommended adoption of the Interim Urgency Ordinance for the "Mission Hill -Mission Flats" District to allow the City to inventory historic structures and amend zoning regulations for the district. Written Communications: Report dated March 15, 2005 by Molly Bogh, Planning Director. Presentation: William Ramsey, Principal Planner, summarized the staff recommendation. Molly Bogh, Planning Director, advised that staff is recommending the Don Juan duplexes be subject to the moratorium. If Council prefers, minor language changes may be made in the Ordinance that would allow the Don Juan duplexes project to move forward in the approval process. Public Comment: T. J. Meadows, City resident, owns three properties in the area and was concerned about formation of an ad-hoc committee without notice to property owners. Molly Bogh, Planning Director, will add Mr. Meadows to the notification list. Richard Hill Adams, City resident, owns the Don Juan duplexes. He supported the modifications to the ordinance that would allow the project to proceed. Tom Entwistle, City resident, supported the ordinance without modification so the Don Juan duplexes would be subject to additional review. Angela Duzich, City resident, supported ordinance as originally proposed and expressed opposition to the Don Juan duplexes due to intensity of use. 4 3-15-2005 Geoff Sumich, City resident, supported the ordinance as originally proposed, as it is intended to discourage multi -family units. John Lloyd, City resident, intends to buy the Don Juan duplexes from Mr. Adams. Duplexes will be converted to condominiums in order to obtain financing. He intends to omit the proposed single unit and convert it to open space and believes the proposed CC&Rs will address many of the concerns voiced by neighborhood residents. Ed Nunes, City resident, supported the proposed ordinance without amendments. Council Discussion: Council Members supported the language modifications that would allow the Don Juan duplexes project to go forward as it would be unfair to subject the project to additional review after it had already gone through the review process and been approved. Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858, ESTABLISHING A MORATORIUM ON NEW DEVELOPMENT AND CONSTRUCTION WITHIN THE 'MISSION HILL — MISSION FLATS' PLANNING AREA TO ENABLE THE CITY TO INVENTORY HISTORIC STRUCTURES AND AMEND THE ZONING REGULATIONS FOR THE AREA." Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Soto, and carried unanimously, 5-0, to adopt Interim Urgency Ordinance No. 903 establishing a development moratorium to allow the City to inventory historic structures and establish zoning standards for the area commonly known as "Mission Hill -Mission Flats" with the following amendments: Page 2, Section 2 — (a)(1), add to the end of the first paragraph: "except for projects that have valid land use approvals." Page 2, Section 2 -- (a)(2), first sentence, insert "new" between "No" and "applications" ORDINANCES - None COUNCILMANIC ITEMS - None 3-15-2005 ADJOURNMENT There being no further business, Mayor Hart adjourned the meeting at 8:58 p.m. to Tuesday, April 5, 2005, at 5:30 p.m. for Closed Session, and 7:00 p.m. for the Public Business Session, in the City Council Chamber. Respectfully submitted, MMQARET R. MONAHAN, CITY CLERK : April 19, 2005 ATTEST: / i WYA ART, MAYOR 6 3-15-2005