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05-0517_CC_Minutes_Regular MeetingMINUTES MAY 17, 2005 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.8 A closed session was held for the following purposes, as authorized by Statute: 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 Hart called the regular meeting of the City Council of the City of San Juan Capistrano to order at 7:04 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; Amy Amirani, Public Works Director; Lt. J. B. Davis, Chief of Police Services; Karen Crocker, Community Services Director; and Eileen White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Bathgate reported attending a recent South Orange County Wastewater Authority finance meeting. Mayor pro tem Swerdlin announced the Transportation Corridor Agencies are involved in the budget process; and the vectors of the month include Mosquito Vector of SLE and WEE viruses. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced upcoming events including Mingle and Munch Business Showcase hosted by the San Juan Capistrano and Dana 5-17-2005 Point Chambers of Commerce; Chili Cook -Off hosted by the Swallows Inn; "Exploring the Layers of History" lecture hosted by the San Juan Capistrano Regional Library; and the Capistrano Valley Symphony, hosted by the Mission San Juan Capistrano. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS MAY 15, 2005, THROUGH MAY 21, 2005 DESIGNATED AS "NATIONAL PUBLIC WORKS WEEK" (610.40) Mayor Hart proclaimed May 15 through 21 as National Public Works Week. 2. OUTGOING CHIEF OF POLICE, CAPTAIN J. B. DAVIS RECOGNIZED; AND LT. MIKE BETZLER, THE CITY'S NEWLY SEATED CHIEF OF POLICE, INTRODUCED (610.40) Captain J. B. Davis introduced Lt. Mike Betzler, recently hired to fill the position of Chief of Police; Mayor Hart joined Assistant Sheriff Pete Gannon, Captain Bob Blackburn, Orange County Sheriff Department's (OCSD) Chief of South County Operations, and Brad Gates, retired Orange County Sheriff, in honoring outgoing Chief of Police Captain J. B. Davis. Davis was recently promoted to Captain and assigned to oversee the Orange County jails. 3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Swerdlin introduced the following individuals in attendance: Joann de Guevara and Marie Buckner, Housing Advisory Committee; Bob Cardoza, Planning Commission; Les Blair, Council Liaison to the San Juan Seniors; Ken Friess, former Mayor; and Tony Forster, President of the San Juan Capistrano Historical Society. ORAL COMMUNICATIONS Rich Adams, 32211 Camino Capistrano, requested assistance in obtaining signage on the street for his Dominos Pizza store. He was provided contact information for Molly Bogh, Planning Director. CONSENT CALENDAR Council Action: Moved by Council Member Swerdlin, seconded by Council Member Soto, and carried unanimously, 5-0, to approve items 1 through 5, 8, 9, 11, 12 & 15 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF APRIL 19, 2005 APPROVED AS SUBMITTED. 2 5-17-2005 3. PLAN AND SPECIFICATIONS FOR THE SAN JUAN CAPISTRANO REGIONAL LIBRARY PHASE II — BUILDING REPAIRS APPROVED; AND STAFF AUTHORIZED TO RECEIVE BIDS. (CIP NO. 454) (600.30) 4. PLANS AND SPECIFICATIONS FOR THE RANCHO VIEJO SLOPE REPAIR APPROVED; AND THE CITY CLERK AUTHORIZED TO SOLICIT BIDS. (RANCHO VIEJO ROAD AT SPOTTED BULL LANE) (600.30) 5. $22,000 APPROPRIATION FROM THE GENERAL FUND RESERVE FOR CITY HALL SECURITY MEASURES APPROVED. (200.20) 6. AMENDMENTS TO CITY COUNCIL POLICY NO. 116, RELATED TO THE COMMUNITY ORGANIZATIONAL GRANT PROGRAM, APPROVED (610.30) Mayor pro tem Swerdlin removed this item from the Consent Calendar agenda to discuss the possibility of revising Council Policy to increase the percentage of resident beneficiaries. The remaining Council Members agreed the current language adequately addressed qualifying percentages during the consideration process. - Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Soto, and carried unanimously, 5-0, to approve modifications to Council Policy 116 regarding Community Organization Grant Program. 7. REQUEST BY THE AMERICAN CANCER SOCIETY FOR OVERNIGHT CAMPING ON JULY 30 -- 31, 2005, AT THE SAN JUAN CAPISTRANO SPORTS PARK FOR THE RELAY FOR LIFE EVENT, SUBJECT TO CONDITIONS, APPROVED; AND 100% FEE WAIVER, IN THE AMOUNT OF $720, APPROVED. (390.30) This item was removed from the Consent Calendar to allow Council Member Allevato to abstain. Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Soto, and carried 4-0-1, with Council Member Allevato abstaining, to approve the request by the American Cancer Society for overnight camping on July 30 — 31, 2005, at the San Juan Capistrano Sports Park for the Relay for Life event, subject to conditions; and 100% fee waiver, in the amount of $720. 5-17-2005 ROLL CALL AYES: COUNCIL MEMBERS: Bathgate, Soto, Swerdlin, Mayor Hart NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Allevato 8. CASH BALANCES BY FUND — FEBRUARY 28, 2005, RECEIVED AND FILED. (330.50) 9. REQUEST FOR INSTALLATION OF ALL -WAY STOP SIGNS ON CAMINO CAPISTRANO AT VIA LOS PAJAROS, CALLE BONITA, CALLE LORENZO, AND CALLE CHUECA DENIED; AND REMOVAL OF ONE SOUTHBOUND TRAVEL LANE ON CAMINO CAPISTRANO, FROM OSO ROAD TO VIA LOS PAJAROS WITH INSTALLATION OF PAINTED ISLAND AND LEFT -TURN LANES AT CALLE CHUECA, CALLE LORENZO, AND CALLE BONITA APPROVED. (590.50) 10. CONSIDERATION OF SPEED HUMPS ON CALLS LORENZO AND CALLS SANTA ROSALIA CONTINUED; AND STAFF DIRECTED TO RESEARCH ORANGE COUNTY FIRE AUTHORITY RESPONSE TIMES AND BRING ITEM BACK FOR COUNCIL CONSIDERATION WITHIN 30 DAYS. (590.50) This item was removed from the Consent Calendar to allow for public comment. Description: Proposal from staff to install speed humps on Calle Lorenzo and Calle Santa Rosalia in response to verified petitions submitted by residents living on the subject and adjacent streets. Written Communications: Report dated May 17, 2005, by Nasser Abbaszadeh, Engineering and Building Director. Letter dated May 13, 2005, from Jill Ford, City resident, supporting the proposed speed humps. Public Comment: Bill Hardy, 26523 Calle Lorenzo, was opposed to installation of speed humps as they posed an attractive nuisance. Jean Tophy, 26655 Calle Lorenzo, representing the Capistrano Gardens Home Owners Association, encouraged approval for safety concerns. 4 5-17-2005 Council Discussion: Mayor pro tem Swerdlin ascertained that the Orange Council Fire Authority (OCFA) has been notified of the request and staff is awaiting their response; and typically OCFA opposes speed humps because they can increase response time. He recommended Council wait until OCFA has responded in order to know the reason they might oppose the request and the amount of increased response time, if any. Council Action: Moved by Council Member Soto, seconded by Mayor pro tem Swerdlin, and carried unanimously, 5-0, to continue Speed Humps on Calle Lorenzo and Calle Santa Rosana; and staff directed to research Orange County Fire Authority response times and bring item back for Council consideration within 30 days. 11. RESOLUTION NO. 05-05-17-01, 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 CERTAIN IMPROVEMENTS WITHIN TRACT 15701, STONEFIELD'S COBBLESTONE COLLECTION, L.L.C.," ADOPTED AND AUTHORIZING RELEASE OF CORRESPONDING BONDS 35 DAYS AFTER RECORDING; AND THE CITY CLERK DIRECTED TO PROCESS RECORDING OF THE NOTICE OF COMPLETION WITH THE ORANGE COUNTY RECORDER. (600.30) 12. RESOLUTION NO. 05-05-17-02, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND CHAPTER 2.5 OF DIVISION 1 OF TITLE 5 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT," ADOPTED; AND RESOLUTION NO. 05-05-17- 03, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN EXISTING DISTRICTS, PURSUANT TO THE PROVISIONS OF DECISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND CHAPTER 2.5 OF DIVISION 1 OF TITLE 5 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT, AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING THEREON," ADOPTED. (345.20) 5-17-2005 13. BIDS FOR PURCHASE OF CITY VEHICLES (FAIRWAY FORD) REJECTED AND STAFF TO RETURN ITEM FOR CONSIDERATION AT A LATER DATE. (370.30) This item was removed from the Consent Calendar by Council Member Soto and recommended for discussion at a later date. Council Action: Moved by Council Member Soto, seconded by Mayor pro tem Swerdlin, and carried unanimously, 5-0, to reject the Fairway Ford bids; and staff directed to return this item for consideration at a later date. 14. ACCOUNTS PAYABLE WARRANTS DATED APRIL 28, 2005, IN THE AMOUNT OF $2,315,879.42; PAYROLL WARRANTS DATED APRIL 15, 2005, IN THE AMOUNT OF $63,514.66 AND PAYROLL WARRANTS DATED APRIL 29, 2005, IN THE AMOUNT OF $232,366.21 RECEIVED AND FILED. (300.30) This item was removed from the Consent Calendar to allow Council Member Bathgate to abstain. Council Action : Moved by Mayor pro tem Swerdlin, seconded by Council Member Soto, and carried 4-0-1, with Council Member Bathgate abstaining to receive and file Accounts Payable Warrants dated April 28, 2005, in the amount of $2,315,879.42; Payroll Warrants dated April 15, 2005, in the amount of $63,514.66 and Payroll Warrants dated April 29, 2005, in the amount of $232,366.21. ROLL CALL AYES: COUNCIL MEMBERS: Allevato, Soto, Swerdlin, Mayor Hart NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Bathgate 15. PLANS AND SPECIFICATIONS FOR THE CAPTAIN'S HILL PUMP STATION ELECTRICAL IMPROVEMENTS APPROVED; AND THE CITY CLERK AUTHORIZED TO SOLICIT BIDS FOR THE WORK. (ALEXANDER ENGINEERING, INC.) (CIP NO. 767) (600.30) PUBLIC HEARINGS 1. CONSIDERATION OF TENTATIVE TRACT MAP (TTM) 16146, BELLADONNA ESTATES (APN 121-181-08) (SCALZO FAMILY TRUST) (420.40) CONTINUED FOR A PERIOD OF UP TO 7 MONTHS. 6 5-17-2005 Council Member Soto recused himself from consideration of this application due to a business relationship with concerned parties. He left the Council Chamber, returning after the Council took action. Description: A proposal for a residential subdivision to create 31 single-family lots on 16.14 acres located on the west side of Del Obispo Street, approximately 400 feet north of Paseo de la Paz and 1,300 feet south of Calle Aspero. This is a continued public hearing item from the April 5, 2005, and May 3, 2005, City Council Meetings. The applicant has submitted analyses of prior geotechnical studies of the area, but no full Hydrology report has been submitted to date. Prior geotechnical studies performed by Tetra Tech and Mission Goescience, Inc., present conflicting information and do not take into consideration all impacts associated with this project. Staff recommended Council adopt a resolution denying the project as currently submitted; and allow the applicant to resubmit the project based upon a complete hydrology report addressing the unresolved issues. Written Communications: Report dated May 17, 2005, from Molly Bogh, Planning Director. Supplementary Agenda Report dated May 17, 2005 by Molly Bogh, Planning Director, with draft resolution for denial attached. Letter dated May 16, 2005, from Joseph Ferrentino, Attorney at Law, Newmeyer & Dillion, LLP, 895 Dove Street, Newport Beach, CA, requesting a continuance for 90 days. Letter dated May 16, 2005, from Marc Goldstein, Attorney at Law, 620 Newport Center Drive, Newport Beach, CA, supported continuing the project for an indefinite period of time to allow amicable resolution of outstanding issues. Letter dated May 3, 2005, from Joe Gartner, Trustee of the Richard K. Gartner Living Trust, 32141 Via Alicia, San Juan Capistrano, CA, supporting denial of the project as currently proposed. Presentations: Molly Bogh, Planning Director, summarized the staff report. Joe Ferrentino, Newport Beach, attorney representing the applicant, provided a PowerPoint presentation, and reviewed project history, concerns, and alternatives. He later consented to a maximum 7 -month continuance. Eric Hendrix, Mission Hydrology, consultant to the applicant, felt a 100 -year hydrology study was not necessary. 7 5-17-2005 Mayor Hart opened the Public Hearing. Public Testimony: Karen Gartner, Laguna Niguel resident, representing Richard Gartner, City resident, supported completion of a new hydrology study, requested matching drainage easement on Scalzo property, opposed construction of a retaining wall, felt traffic flow and safety needed to be addressed, did not support continuance. Marc Goldstein, 620 Newport Center Drive, Newport Beach, landowner adjacent to the applicant's property, spoke of leak at adjacent reservoir and lack of maintenance of easement. Don Vanderlan, City resident, opposed the project, and requested denial. Sharon Vanderlan, City resident, opposed the project. Linda Elliott, City resident, opposed the project. Council Comments: Council Member Allevato supported working with the applicant toward resolving drainage issues. Council Member Bathgate indicated that the drainage channel was one large issue among others that needed resolution. She supported a continuance of six to nine months to allow time for development of technical information concerning the drainage design and resolution of other outstanding issues. Mayor pro tem Swerdlin supported a continuance and indicated that project revisions should be made to address outstanding concerns of the Planning Commission, Design Review Committee, gating of B -street, among others. He also supported completion of a 100 -year hydrology study. Mayor Hart expressed a need to find a balance of concerns requiring parties to work together. He supported a 100 -year hydrology study. Joe Ferrentino agreed to a continuation of the project for seven months and requested city support to move project forward. Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Allevato, and carried 4-0-1, with Council Member Soto abstaining, to continue Tentative Tract Map (TTM) 16146, Belladonna Estates, for a period of up to 7 months, to a meeting no later than the first meeting in December 2005. 5-17-2005 ROLL CALL AYES: NOES COUNCIL MEMBERS: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Allevato, Bathgate, Swerdlin, Mayor Hart None Soto 2. CONSIDERATION OF PRELIMINARY DESIGN REPORT, MITIGATED NEGATIVE DECLARATION AND FINAL. DESIGN AGREEMENT FOR THE COOKS RESERVOIR PROJECT (CIP NO. 769) (RBF CONSULTING, INC.) CONTINUED TO JUNE 21, 2005 (600.30) Description: Replacement of Cooks Reservoir represents one of the most critical projects in the City of San Juan Capistrano Water Master Plan. Staff's analysis of the proposal has required that this item be moved to a subsequent meeting. Staff recommended Council open the public hearing, receive testimony, and continue the public hearing to the meeting of June 21, 2005. Written Communication: Report dated May 17, 2005, by Amy Amirani, Public Works Director. Mayor Hart opened the Public Hearing. Public Testimon : None Council Action: Moved by Council Member Bathgate, seconded by Council Member Allevato, and carried unanimously, 5-0, to continue the Cooks Reservoir Project, with the public hearing held open, to the regular meeting of June 21, 2005. RECESS AND RECONVENE Council recessed at 9:06 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 9:07 p.m. ADMINISTRATIVE ITEMS 1. ENGINEERING AND BUILDING DIRECTOR a. WAIVER AND REDUCTION OF FEES RELATED TO THE J. F. SHEA THERAPEUTIC RIDING CENTER SITE APPROVED. (390.30) Mayor Hart recused himself from consideration of this application due to his position as an honorary member of the Board of Directors of the J. F. Shea 9 5-17-2005 Therapeutic Riding Center. He turned the meeting over to Mayor pro tem Swerdlin and left the chamber. He returned after the Council took action on the item. Description: The J. F. Shea Therapeutic Riding Center requested a waiver of fees related to the construction of permanent buildings on their site. Staff recommended approval of waiver of processing and permit fees, and reduction of the CCFP fee to the value of offsite improvements only, for a total waiver of $217,972. Written Communications: Report dated May 17, 2005, by Nasser Abbaszadeh, Engineering and Building Director. Presentation: Nasser Abbaszadeh, Engineering and Building Director, summarized the staff report. Public Comment: Karen Skipper, City resident, supported a fee reduction. Dana Butler-Moburg, Executive Director, J. F. Shea Therapeutic Riding Center, provided a video presentation and requested a fee waiver. Cheryl Moore, City resident, supported the fee waiver. David Kliares, City resident, supported a fee waiver. Frank Fasel, City resident, requested a fee waiver. Kathleen McClemmy, City resident, supported the Shea Center fee request. Council Action: Moved by Council Member Allevato, seconded by Council Member Soto, and carried 4-0-1, with Mayor Hart abstaining, to approve waiver of processing and permit fees and reduction of CCFP (Capistrano Circulation Fee Program) fees, to the value of offsite improvements only which are related to the J. F. Shea Therapeutic Riding Center site, for a total waiver of $217,972 ROLL CALL AYES: COUNCIL MEMBERS: Allevato, Bathgate, Swerdlin, Soto NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Mayor Hart 10 5-17-2006 _ b. PERSONAL SERVICES AGREEMENT WITH MV CONSULTING TO CONDUCT A HYDROLOGY STUDY, HYDRAULIC ANALYSIS, AND GEOTECHNICAL STUDY FOR THE SUN RANCH NATURAL DRAINAGE AREA APPROVED; AND THE CITY MANAGER AUTHORIZED TO MAKE MODIFICATIONS IN THE PROJECT BUDGET. (600.30) Council Member Soto recused himself from consideration of this application due to a business relationship with concerned parties. He left the Council Chamber, returning after the Council took action. Description: Staff circulated a request for proposals to engage a consultant to carry out a full study of the Sun Ranch Drainage area and received four proposals. Staff recommended Council approve a personal contract with MV Consulting to conduct the hydrology study, hydraulic analysis, and geotechnical Study for the Sun Ranch Natural Drainage area. Written Communications: Report dated May 17, 2005, by Nasser Abbaszadeh, Engineering and Building Director. Council Action: Moved by Council Member Bathgate, seconded by Mayor pro tem Swerdlin, and carried 4-0-1, with Council Member Soto abstaining, to approve the Personal services agreement with MV Consulting, in the amount of $45,820, to conduct a hydrology study, hydraulic analysis, and geotechnical study for the Sun Ranch Natural Drainage area; and authorize the City Manager to make modifications in the project budget. ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ORDINANCES COUNCILMANIC ITEMS Allevato, Bathgate, Swerdlin, Mayor Hart None Soto DR. JOE CORTESE AND TOM OSTENSEN SELECTED AS THE 2005 HONOREES FOR THE WALL OF RECOGNITION. (610.40) Description: The names of five individuals were submitted for the Wall of Recognition. The Wall of Recognition sub -committee, consisting of Mayor Wyatt Hart and Mayor pro tem Swerdlin, recommended that Dr. Joe Cortese and Tom Ostensen be named honorees for 2005. 11 5-17-2005 Written Communications: Report dated May 17, 2005, by William Huber, — Assistant City Manager. Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Allevato and carried unanimously, 5-0 to confirm the selection of Dr. Joe Cortese and Tom Ostensen as honorees for 2005. 2. VACANCIES DECLARED ON THE YOUTH ADVISORY BOARD; AND THE CITY CLERK DIRECTED TO SOLICIT APPLICATIONS TO FILL THE VACANCIES. (110.20) Description: Appointments to the Youth Advisory Board are made on an annual basis in June and the appointees take office in August. Applications will be due by June 10, 2005, allowing the City Council to make appointments to the Youth Advisory Board on July 5, 2005. Staff recommended Council declare vacancies on the Youth Advisory Board and direct the City Clerk to solicit applications to fill the vacancies. Written Communications: Report dated May 17, 2005, by Meg Monahan, City Cleric. Council Action: Moved by Council Member Soto, seconded by Mayor pro tem Swerdlin, and carried unanimously, 5-0, to declare vacancies on the Youth Advisory Board; and the City Clerk directed to solicit applications to fill the vacancies, with applications due by June 10, 2005 ADJOURNMENT There being no further business, Mayor Hart adjourned the meeting at 9:49 p.m. to Tuesday, June 7, at 5:30 p.m. for Closed Session, and 7:00 p.m. for the Public Business Session in the City Council Chamber. Respectfully su 9 R. MONAHAN, CITY CLERK : June 21, 2005 WYATT ART, MAYOR 12 5-17-2005