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05-0419_CC_Minutes_Regular MeetingMINUTES APRIL 19, 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Pursuant to Government Code section 54957, the City Council reviewed the performance of the City Clerk (this item was withdrawn and rescheduled). 2. Pursuant to Government Code section 54956.9(b)(1), the City Council conferred with its legal counsel regarding the status of proposed building plans for Lot 64 of Tract 9382. 3. Pursuant to Government Code section 54956.9(a), the City Council conferred with its legal counsel regarding the status of the matter entitled Saddleback Valley Christian School v. City of San Juan Capistrano, Orange County Superior Court Case No. 03CC11368 and United States District Court Central District of California Case No, CV04-6854 GPS (JTL). Mayor Hart called the regular meeting of the City Council of the City of San Juan - Capistrano to order at 7:02 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; John Shaw, City Attorney; Meg Monahan, City Clerk; Molly Bogh, Planning Director; Nasser Abbaszadeh, Engineering and Building Director; Lt. J. B. Davis, Chief of Police Services; Karen Crocker, Community Services Manager; William Ramsey, Principal Planner; Larry Lawrence, Consulting Case Planner; Mitzi Ortiz, Deputy City Clerk; and Eileen White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Allevato encouraged residents to participate in the Leadership Academy and recognized Diane Bathgate for initiating the program. 4-19-2005 Council Member Bathgate reported attendance at a South Orange County Wastewater Authority (SOCWA) Finance Committee meeting and announced that SOCWA has begun the recruitment process for a new general manager. Council Member Soto announced his attendance at the 1st Annual Capistrano Valley Wind Festival and thanked Karen Crocker, Community Services Manager, and Roger Evans, owner of Colors of the Wind kite shop, for organizing the successful event. He also wished his daughter Vanessa, and Dave Adams, City Manager, a Happy Birthday. Mayor pro tem Swerdlin announced the Vector of the Month is Sand Fleas. He also complimented Amy Amirani, Public Works Director, for the maintenance and repair work done at the park on Calle Arroyo. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Manager, announced upcoming events hosted by the City of San Juan Capistrano including the Earth Day Fair; Spring Fling Senior Dance; an Education Fair hosted by the Capistrano Unified School District; and a lecture and Historic Home Tour planned for May to celebrate National Preservation Week. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS ENVIRONMENTAL ESSAY AWARD WINNER KATHERINE HAN RECOGNIZED; ENVIRONMENTAL AWARENESS AWARDS PRESENTED TO SIERRA VISTA EQUESTRIAN CENTER AND ORTEGA PROPERTIES; AND APRIL 22, 2005, PROCLAIMED EARTH DAY (610.40) Tom Wilson, 5th District Supervisor, recognized Katherine Han as winner of the City's 1st Environmental Essay award and presented her with a certificate of excellence and a $100 award; Ziad Mazboudi, Senior Civil Engineer, recognized Rancho Sierra Vista Equestrian Center and Ortega Properties for outstanding environmental and recycling efforts and presented their representatives with certificates; Mayor Hart proclaimed April 22, 2005 Earth Day in San Juan Capistrano. 2. MAY 1 THROUGH MAY 7, 2005 PROCLAIMED NATIONAL HISTORIC PRESERVATION WEEK (610.40) William Huber, Assistant City Manager, proclaimed May 1 through May 7, 2005 as National Historic Preservation Week and presented representatives of the Friends of the Library with the proclamation. 2 4-19-2006 3. MAY 1 THROUGH MAY 7, 2005 PROCLAIMED NATIONAL PET WEEK AND BE KIND TO ANIMALS WEEK (610.40) Mayor Hart proclaimed May 1 through May 7, 2005 as National Pet Week and Be Kind to Animals Week; and presented Phillip Schwartze, President of the Capistrano Animal Rescue Effort, with the Proclamation. 4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Swerdlin introduced the following individuals in attendance: Joanne Marquez and Joann de Guevara, Housing Advisory Committee; Joe Drey and Sheldon Cohen, Planning Commission; Angela Duzich, Cultural Heritage Commission; and Phillip Schwartze, former Mayor. ORAL COMMUNICATIONS Valerie Drey, City resident, representing the San Juan Capistrano Garden Club, spoke regarding the City's use of chemicals to kill natural vegetation along La Novia off of Valle Road and suggested replanting; and asked for clarification of the City's policy regarding removal of foliage on its property. Dave Adams, City Manager, will follow up. Tom Hribar, City resident, asked Council to abandon the open space lease negotiations on La Novia and San Juan Creek Road and to preserve the open space for residents to enjoy. CONSENT CALENDAR Council Action: Moved by Council Member Bathgate, seconded by Mayor pro tem Swerdlin and carried unanimously, 5-0, to approve items 1, 2 & 4 through 10 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF MARCH 15, 2005 APPROVED AS SUBMITTED. 3. PLANS AND SPECIFICATIONS FOR THE CAMINO CAPISTRANO BUS TURNOUT APPROVED; AND STAFF AUTHORIZED TO RECEIVE BIDS. (CIP NO. 135) (600,30) This item was removed from the agenda by Council Member Soto, who commended staff for implementing this project, which will enhance traffic flow on Camino Capistrano and increase safety for students. 3 4-19-2005 Council Action: Moved by Council Member Soto, seconded by Mayor pro tem Swerdlin, and carried unanimously, 5-0, to approve plans and specifications for the Camino Capistrano Bus Turnout Capital Improvement Project; and authorize staff to receive bids. 4. RESOLUTION NO. 05-04-19-01 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS WORK WITHIN TRACTS 15858 AND 15998, VILLAGE ALIPAZ (KB HOME COASTAL, INC.)," ADOPTED; CITY CLERK DIRECTED TO PROCESS RECORDING OF THE NOTICE OF COMPLETION; AND CORRESPONDING BONDS AUTHORIZED FOR RELEASE 35 DAYS AFTER RECORDING. (600.30) 5. CONTRACT FOR MAJOR SEWER REPAIRS CAPITAL IMPROVEMENT PROJECT AWARDED TO THE LOW RESPONSIBLE BIDDER, SOUTHWEST PIPELINE AND TRENCHLESS CORP., IN THE AMOUNT OF $416,312.00; AND ALL OTHER BIDS REJECTED. (CIP NO. 728) (600.30) 6. RESOLUTION NO. 05-04-19-02 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING 'NO PARKING 7 A.M. — 6 P.M. MONDAY — FRIDAY' ON THE EAST SIDE OF ALIPAZ STREET SOUTH OF DEL OBISPO STREET," ADOPTED; AND RESOLUTION NO. 05-04-19-03 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING 'NO PARKING ANYTIME' ON THE EAST SIDE OF ALIPAZ STREET SOUTH OF DEL OBISPO STREET," ADOPTED. (570.30) 7. RESOLUTION NO. 05-04-19-04 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING `NO PARKING LOADING ZONE 7 A.M. — 6 P.M. MONDAY — FRIDAY' ON THE EAST SIDE OF ALIPAZ STREET SOUTH OF DEL OBISPO STREET NORTH OF THE MISSION POINTE DRIVEWAY," ADOPTED (570.30) 8. AMENDMENT NO. 1 TO AGREEMENT NO. 12-469 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION EXTENDING THE TIME PERIOD FROM 2005 TO 2007 FOR ENVIRONMENTAL MITIGATION OF THE PROPOSED REALIGNMENT OF THE NORTHBOUND ON-RAMP TO INTERSTATE 5 AT STONEHILL DRIVE. (CALIFORNIA DEPARTMENT OF TRANSPORTATION) (600.50) 9. ACCOUNTS PAYABLE WARRANTS DATED MARCH 31, 2005, iN THE AMOUNT OF $1,283,934.41; AND PAYROLL WARRANTS DATED APRIL 8, 2005, IN THE AMOUNT OF $252,958.47, RECEIVED AND FILED. (300.30) 4 4-19-2005 10. FIVE-YEAR AGREEMENT WITH DIEHL, EVANS & COMPANY FOR AUDIT SERVICES FOR FISCAL YEARS ENDING JUNE 30, 2005, THROUGH JUNE 30, 2009, FOR $130,747, APPROVED. (600.30) 11. CONDITIONAL USE PERMIT FEE WAIVER REQUESTED BY SOUTH ORANGE COUNTY COMMUNITY THEATRE DENIED (390.30) This item was removed from the Consent Calendar to allow for public comment. Description: South Orange County Community Theatre (SOCCT) requested a fee waiver, in the amount of $2,500, for processing a Conditional Use Permit (CUP) for the purpose of dispensing alcoholic beverages at their performances. The $2,500 is a developer deposit to which Staff charges their time for preparing reports, analyzing information, responding to other agencies, and presenting information to advisory board and commissions. Actual costs to the developer may be more or less than the deposit, resulting in either a refund or additional charges. Staff recommends denial of the fee waiver for the CUP. Presentation: Molly Bogh, Planning Director, advised that staff is recommending denial of the fee waiver because the South Orange County Community Theatre (SOCCT) receives benefits from the City in the form of subsidized rents; and the determination that serving alcohol to Playhouse patrons does not constitute a public benefit to the community. Public Comment: .lack Campbell, City resident, requested approval of the fee waiver due to the number of visitors the Camino Real Playhouse draws to the downtown area. Gary McCarver, Board Member of the Camino Real Playhouse, described the benefits of providing wine at intermission and requested approval of the fee waiver. Laura West, City resident, spoke in support of the fee waiver. Tom Scott, City resident, described the improvements the Playhouse has made to the building, listed the opportunities the Playhouse provides to the community, and requested approval of the fee waiver. Council Action. Moved by Council Member Soto, seconded by Mayor pro tem Swerdlin, and carried unanimously, 5-0, to deny SOCCT's request for a fee waiver for processing a Conditional Use Permit. 4-19-2005 PUBLIC HEARINGS URGENCY ORDINANCE NO. 904 ADOPTED EXTENDING INTERIM URGENCY ORDINANCE 903 CONCERNING "MISSION HILL–MISSION FLATS" (460.30) Description: Urgency Ordinance No. 889 was adopted by the City Council on April 6, 2005 to prevent development of higher density housing such as duplexes and multi -family housing until such time as new zoning standards could be adopted to assure that new development is compatible with the character of the "Mission Hill -Mission Flats" District. During staff's assessment, staff determined that the historical significance of a number of existing homes in the area warrants further study. Ordinance No. 889 expired on April 14, 2005, On March 15, 2005, the City Council adopted a new Interim Urgency Ordinance to include the historic significance issue. Staff recommends the City Council adopt an extension of the Interim Urgency Ordinance for a period of ten (10) months and fifteen (15) days to allow completion of the zoning study. Written Communications: Report dated April 19, 2005 by Molly Bogh, Planning Director. Presentation: William Ramsey, Principal Planner, summarized the staff report. Public Testimony: Tom Entwistle, 31382 Don Juan Avenue, thanked the Planning Department staff and supported the extension of the ordinance. Angela Duzich, 31372 Don Juan Avenue, thanked the city for listening to the residents and preserving the neighborhood. Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN ,JUAN CAPISTRANO, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858, EXTENDING A MORATORIUM ON NEW DEVELOPMENT AND CONSTRUCTION WITHIN THE `MISSION HILL—MISSION FLATS' PLANNING AREA FOR A PERIOD OF TEN (10) MONTHS AND FIFTEEN (15) DAYS 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 Urgency Ordinance No. 904 providing for an extension of ten (10) months and fifteen (15) days for the "Mission Hill–Mission Flats" District to allow the City to inventory historic structures and amend zoning regulations for the district. 6 4-19-2005 2. INTRODUCTION AND FIRST READING OF AN ORDINANCE REZONING CERTAIN PROPERTIES ON MONARCH DRIVE AND CAMINO LA RONDA. (APN: 650-451-07 & 08; 650-452-01 to 03; 650-461-01 to 17; 650-471-01 to 03; 650-972-02; AND 666-071-02 to 04) (460.20) Description: Capistrano Royale Homeowners Association and three property owners along Camino La Ronda requested approval of a zoning map amendment to change their zoning designations from "RS -10,000" to "RSE- 20,000." The intent of the zone change is to reestablish the right of the affected properties to develop private equestrian facilities on their properties. Staff has determined the zone change is consistent with the criteria established by the City for evaluating zoning map amendment proposals. Staff recommended Council approve first reading and introduction of an ordinance amending the Official Zoning Map to change the zoning of properties located at 29522-29841 Monarch Drive; and at 28072, 28102, and 28122 Camino La Ronda from the "RS -10,000" to the "RSE-20,000" Zone District. Written Communications: Report dated April 19, 2005 by Molly Bogh, Planning Director. Presentation: William Ramsey, Principal Planner, summarized the staff report. Public Testimony: George Reiner, City resident, President of Capistrano Royale Homeowners Association, requested approval of the zone change. Roger France, City resident, requested approval of the zone change to allow residents to continue their equestrian lifestyle. Jonathan Wood, City resident, thanked staff for working to correct the zoning and requested approval of the zone change. Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP FROM 'RS -10,000' TO 'RSE-20,000' FOR CERTAIN PROPERTIES IN THE CAPISTRANO ROYALE AND LOS CORRALES NEIGHBORHOODS (CAPISTRANO ROYALE HOMEOWNERS ASSOCIATION) (REZONE 04-08)." Council Action: Moved by Council Member Allevato, seconded by Council Member Bathgate, and carried unanimously, 5-0 to approve first reading and introduction of an ordinance amending the Official Zoning Map to change the zoning of properties located at 29522-29841 Monarch Drive; and at 28072, 28102, and 28122 Camino La Ronda from the °RS -10,000" to the "RSE-20,000" Zone District. 7 4-19-2005 3. ZION -- VISTA SAN JUAN OFFICE PROJECT: REZONE RZ 04-03, TENTATIVE TRACT MAP 16628, AND APPEAL OF PLANNING COMMISSION DENIAL OF ARCHITECTURAL CONTROL AC 04-07, WITHDRAWN BY APPLICANT. (ZION ENTERPRISES) (APN 650-011-34 & 39) (410.60/420.40/460.20) Council Member Soto recused himself from considering this item due to proximity of his residence to the proposed development. Description: The application is for development of a medical and professional office project of approximately 70,100 square feet on the east side of Rancho Viejo Road north of Spotted Bull Lane. The project consists of five buildings on approximately 9.6 acres and includes two two-story buildings, three one-story buildings, a zoning adjustment to exceed the height limit for a tower element, and a zone change to add "medical office" uses to the approved Comprehensive Development Plan for the site. The City's Planning Commission reviewed the project at its meetings on January 11, February 8, and March 8, 2005, and recommended denial due to potential negative impacts as a result of the project's density and incompatibility with surrounding uses. Staff recommended Council deny the appeal and uphold the Planning Commission denial of AC 04-07, and deny Rezone RZ 04-03 and Tentative Tract Map TTM 16628. Written Communications: Report dated April 19, 2005, by Molly Bogh, Planning Director. Letter dated April 13, 2005, from Thomas C. Rogers, City resident, opposing the proposed project due to negative impacts to surrounding residences. Letter dated April 14, 2005, from Save Our San Juan supporting a 30 -day continuance of the agenda item to allow for community meetings. Letter dated April 18, 2005, from Save Our San Juan, reiterating its request for a 30 -day continuance. Petition dated April 17, 2005, from Mr. and Mrs. Mazorow; Mr. and Mrs. Tom Rogers; Mr. and Mrs. Randy Clark; and Mrs. Carol Soto, requesting Council deny the request for a continuance and follow the staff recommendation. Letter dated April 18, 2005, from Herbert and Carmen Mazorow, asking for mitigating measures to reduce impacts to surrounding residences. Presentation: Larry Lawrence, Consulting Case Planner, summarized the staff report. He acknowledged receipt of a letter from the applicant, handed to him immediately before this presentation, withdrawing the application from consideration. 9 4-19-2005 Public Testimony: Jerry Williams, City resident and president of Village of San Juan Homeowners Association, supported denial of the project due to increased traffic in an area already overburdened with traffic. George Reiner, City resident and president of Capistrano Royale Homeowners Association, supported denial of the project due to traffic impacts. Liz Elliot, City resident, opposed the project due to traffic impacts. Peter Levin, City resident, asked Council to deny this project but is not opposed to eventual development of the site. Ron Hitter, City resident, opposed the project due to concerns regarding traffic, noise and egress into his neighborhood. Horace Rhoden, City resident and Summerwalk Homeowners Association Boardmember, opposed the project due to traffic impacts. Bob Messersmith, City resident, supported denial of the project as presented. He stated that additional mitigation measures to reduce impacts to the neighbors may make the project feasible. Randy Clark, City resident, opposed the project as presented because it is incompatible with the existing neighborhoods. Tom Rogers, City resident, supported denial of the project and requested that any further submittals for the property include traffic mitigation measures imposed by the Transportation Commission. Herb Mazorow, City resident, opposed the project. Bob King, City resident and Save Our San Juan President, supported the 30 -day continuance to allow resolution of outstanding issues with adjacent neighbors. Carol Soto, City resident, requested Council uphold the Planning Commission denial and deny their request for a continuance in order to establish guidelines for future development of the site. Council Discussion: Council Members encouraged the residents to work together with the developer to devise a plan that is acceptable to all parties involved. 9 4-19-2005 Council Action: Moved by Mayor Hart, seconded by Mayor pro tem Swerdlin, and carried 4-0-1, with Council Member Soto abstaining, to acknowledge the applicant's request for withdrawal and termination of project. ROLL CALL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: RECESS AND RECONVENE Allevato, Bathgate, Swerdlin, Mayor Hart None Soto Council recessed at 9:06 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 9:06 p.m. ADMINISTRATIVE ITEMS G1. ENGINEERING & BUILDING DIRECTOR a. INSTALLATION OF ALL -WAY STOP SIGNS AND MARKED CROSSWALK AT RANCHO VIEJO ROAD AND PASEO ESPADA DENIED (590.50) Description: Residents of the Villa Paloma and Seasons Senior Apartments submitted a letter and petition requesting the City install an all -way stop sign and/or crosswalk at Rancho Viejo Road and Paseo Espada. Staff recommended denial of the stop signs because the intersection does not meet the necessary criteria. Staff recommended denial of the marked crosswalk because it is not justified and may create a more dangerous condition at this intersection. At their March 9, 2005, meeting, the Transportation Commission considered the requests and agreed with the staff recommendation to deny the all -way stop signs. Based on testimony heard that evening, the Commission determined a crosswalk was justified and recommended approval of a marked crosswalk with an in -pavement lighting system and flashing pedestrian signs. Staff recommends denial of the all - way stop signs and marked crosswalk. Written Communications: Report dated April 19, 2005, by Nasser Abbaszadeh, Engineering and Building Director. Presentation: Nasser Abbaszadeh, Engineering and Building Director, summarized the staff report. 10 4-19-2005 Public Testimony: Beryl Stewart, City resident, requested approval of stop signs or a crosswalk citing safety concerns for elderly pedestrians. George Cooke, City resident, requested approval of a crosswalk to improve pedestrian safety. Irene Drasso, City resident, spoke in support of any action that will slow traffic and improve pedestrian safety. Council Discussion: Mayor pro tem Swerdlin suggested staff consider installing stop signs at Rancho Viejo Road and Calle Arroyo and relocating that signal to mid -block to respond to crossing pedestrians. He also stated that a traffic study could be undertaken to ascertain the need for the existing signal at Rancho Viejo and Calle Arroyo. Mayor Hart asked staff to arrange for additional traffic enforcement in the immediate area and would like to revisit the stop signs/crosswalk proposal at a later date. Council Action: Moved by Council Member Allevato, seconded by Council Member Soto, and carried 4-1, with Mayor pro tem Swerdlin against, to 1) deny the request to install all -way stop signs; and 2) deny the request to install a marked crosswalk. ROLL CALL AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Mayor Hart NOES: COUNCIL MEMBERS: Swerdlin ABSTAIN: COUNCIL MEMBERS: None ORDINANCES - None COUNCILMANIC ITEMS - None 11 4-19-2005 ADJOURNMENT There being no further business, Mayor Hart adjourned the meeting at 9:36 p.m. to Tuesday, May 3, 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, , CITY CLERK May 17, 2005 ATTEST: 661::� WYA ART, MAYOR 12 4-19-2005