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06-0117_CC_Minutes_Regular MeetingMINUTES JANUARY 17, 2006 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.85) - None Mayor Swerdlin 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 Hart led the Pledge of Allegiance and Mayor pro tem Allevato gave the invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Wyatt Hart, Diane Bathgate, Joe Soto, Mayor pro tem Sam Allevato, and Mayor David M. Swerdlin. COUNCIL MEMBERS ABSENT: None STAFF PRESENT: Dave Adams, City Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; William M. Huber, Assistant City Manager; Cynthia L. Russell, Administrative Services Director; Lt. Mike Betzler, Chief of Police Services; Karen Crocker, Community Services Director; Amy Amirani, Public Works Director; Nasser Abbaszadeh, Engineering & Building Director; Molly Bogh, Planning Director; Douglas Dumhart, Economic Development Manager; Joe Mankawich, Associate Engineer, Bill Ramsey, Principal Planner, and Elizabeth White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Soto reported representing the City at the Capistrano Villas' Coalition last Saturday. The event is a unification of the Latino community at the Basilica San Juan Capistrano. Council Member Bathgate reported attending recent South Orange County Wastewater Authority and San Juan Basin Authority meetings. Mayor pro tem Allevato announced current activities and resources related to efforts to renew the Measure M transportation funding program. Mayor Swerdlin announced his anticipated selection of President of the Orange County Vector Control Board. He also provided the Vector of the Month, Flies that cause Myiasis. NORTHWEST AREA STRATEGIES COMMITTEE REPORT Council Member Hart provided his report under Agenda Item 1-1. SP 1 1-17-2006 ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced upcoming citywide events including a teacher's open house, a Chamber of Commerce breakfast, the Boys and Girls Club annual awards dinner, and the annual CARE Car Show at the Sports Park. INTRODUCTIONS PRESENTATIONS AND DONATIONS KARL HIRSCH, FORMER WATER ADVISORY COMMISSIONER RECOGNIZED (610.40) Meg Monahan, City Clerk, recognized Karl Hirsch for his contributions to the city; and Mayor Swerdlin presented him with a plaque. 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.90) Mayor pro tem Allevato introduced the following individuals in attendance: Sheldon Cohen and Robert Cardoza, Planning Commission; Larry Kramer, Transportation Commission; Lee Goode, Water Advisory Commission; Marie Buckner and Joann de Guevara, Housing Advisory Committee; Brad Gates, Retired Orange County Sheriff; and Phil Schwartze, former Mayor. ORAL COMMUNICATIONS Je'net Kreitner, Second Harvest Food Rive, City of Corona resident, encouraged citywide contributions to the annual Second Harvest Food Drive. Ed Parr, City resident, suggested a reduction in the number of "No Parking" signs on the west side of Valle Road and suggested improvement of the 1-5 on-ramp at the terminus of Valle Road intersection. Bob King, City resident, representing Save Our San Juan, spoke in opposition to a City of Mission Viejo proposed extension of the 73 -toll road connecting to Antonio Parkway or the proposed 241 -toll road extension. He requested a city public meeting on the matter and requested the Council take a position in opposition to the matter. He presented a related petition. The following people also spoke in support of his requests: Jerry William, City resident, President of Village San Juan Homeowners Association Ken Michael, City resident, President of the Summer Walk Homeowners Association George Reiner, City resident, President of Capistrano Royal Homeowners Association Ben Bengali, City resident, President of Marbella Homeowners Association 2 1-17-2006 SF 1 Tom Barrett, City resident President of Stoneridge Homeowners Association Other individuals who requested notification of this issue include: Joan Priestley, City resident Susan Gatty, City resident William M. Huber, Assistant City Manager, reported that the extension of the 73 -toll road is in conceptual stages. Dave Adams, City Manager, reported that part of a settlement agreement between the City of Mission Viejo and Rancho Mission Viejo is that the Ranch would not oppose extension of the 73 -toll road. He added that the City would notify the homeowners associations of Orange County Transportation Authority (OCTA) public meetings on the subject. Gregory Weiler, City resident, requested the Council oppose any future efforts to extend San Juan Creek Road to La Pata, Monika Mukai, City resident, spoke regarding the inappropriate removal of a specimen Bougainvillea vine from the front her property (know as the Lupe Combs house), by city crews. CONSENT CALENDAR Council Action: Moved by Council Member Soto, seconded by Council Member Hart, and carried unanimously, 5-0, to approve items 1 though 3 and 5 through 10 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF DECEMBER 6, 2005 APPROVED AS SUBMITTED. 3. MINUTES OF THE REGULAR MEETING OF DECEMBER 20, 2005 APPROVED AS SUBMITTED. 4. ACCOUNTS PAYABLE WARRANTS DATED JANUARY 5, 2006, IN THE AMOUNT OF $2,065,866.60; AND PAYROLL WARRANTS DATED DECEMBER 29, 2005, IN THE AMOUNT OF $253,373.58, RECEIVED AND FILED. (300.30) This item was removed from the agenda to allow Council Member Bathgate to abstain. 3 1-17-2006 Council Action: Moved by Council Member Soto, seconded by Council --- Member Hart, and carried 4-0-1, with Council Member Bathgate abstaining, to receive and file Accounts Payable Warrants dated January 5, 2006, in the amount of $2,065,866.60; and Payroll Warrants dated December 29, 2005, in the amount of $253,373.58. ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS Allevato, Soto, Hart, Mayor Swerdlin 101 Bathgate 5. ANNUAL FINANCIAL REPORT OF DEVELOPER IMPACT FEES, PURSUANT TO GOVERNMENT CODE SECTION 66006 (AB 1600 REPORT) RECEIVED AND FILED (420.20) 6. RESOLUTION NO. 06-01-17-01, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002," ADOPTED. (920.40) 7. RESOLUTION NO. 06-01-17-02, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ROBERT- Z'BERG-HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002," ADOPTED. (930.20) 8. RESOLUTION NO. 06-01-17-03, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION AND REIMBURSEMENT FOR GRANT FUNDS TO THE CALIFORNIA CULTURAL AND HISTORICAL ENDOWMENT UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 FOR THE MONTANEZ ADOBE GARDEN/PLAZA PROJECT (PROPOSITION 40)," ADOPTED. (910.50) 4 1-17-2006 Ste' 9. RESOLUTION NO. 05-06-07-01, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR SEWER PURPOSES AND EASEMENTS FOR STORM DRAIN PURPOSES AND A DEED FOR RIGHT-OF-WAY AND UTILITY PURPOSES FOR OSO ROAD WITHIN ASSESSOR'S PARCEL NO. 121-070-55 AND 56 (SADDLEBACK VALLEY CHRISTIAN SCHOOL; AC 99-05 & 00-09)" ADOPTED; AND THE CITY CLERK DIRECTED TO FORWARD THE DOCUMENTS TO THE ORANGE COUNTY RECORDER, UPON SUBMITTAL OF THE ADDITIONAL STORM DRAIN EASEMENT. (670.50) 9. PLANS AND SPECIFICATIONS FOR THE COOKS RESERVOIR REPLACEMENT PROJECT APPROVED; AND THE CITY CLERK DIRECTED TO RELEASE THE PROJECT FOR PUBLIC BID (RBF CONSULTING, INC.) (CIP NO. 769) (600.30) 10. CLAIM OF GREG MCTEE DENIED, BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY. (170.70) 11. RESOLUTION NO. 06-01-17-04 ADOPTED, DECLARING THE WORK COMPLETE FOR THE RANCHO VIEJO SLOPE REPAIR PROJECT; THE CITY CLERK DIRECTED TO RECORD THE NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE RETENTION 35 DAYS AFTER RECORDATION (600.30) This item was pulled from the Consent Calendar to allow Council Member Soto to inquire about the work completed and compliment staff on their efforts. Council Action: Moved by Council Member Soto, seconded by Council Member Allevato, and carried unanimously, 5-0, to adopt RESOLUTION NO. 06- 01-17-04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE RANCHO VIEJO SLOPE REPAIR (SOUTHLAND CONSTRUCTION);" the City Clerk directed to record the notice of completion; and authorize Staff to release the retention 35 days after recordation. (Rancho Viejo Road at Spotted Bull Lane). PUBLIC HEARINGS 1. CORRECTIONS TO THE CITY'S SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES PUBLIC HEARING OPENED AND CONTINUED TO FEBRUARY 7, 2006 AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER. (390.10) SP 5 1-17-2006 Description; In July 2005 the City Council approved a comprehensive schedule of fees and charges for City services. Staff has identified a few minor corrections that need to be made for consistency with approved agreements (Trash Collection), duplications, clarification, and wording. The corrections include: Exhibit A- Misc. Fee Summary, Exhibit E- Planning Fee Summary, Exhibit F - Engineering Fees Summary, and Exhibit G- Building Fees Summary. Staff recommended Council approve the corrections to the Schedule of Fees and Charges for City Services approved on July 5, 2005. Cindy Russell, Administrative Services Director, reported that since the schedule was prepared a new fee was proposed and suggested that the public hearing be opened and continued to the next regular scheduled meeting. Mayor Hart opened the public hearing. There was no public testimony. Council Action: Moved by Council Member Soto, seconded by Council Member Bathgate, and carried unanimously, 5-0, to continue Corrections to the City's Schedule of Fees and Charges for City Services, with the public hearing held open, to the regular meeting of February 7, 2006. 2. CONSIDERATION OF GENERAL PLAN AMENDMENT (GPA) 03-02, REZONE (RZ) 04-01, ENTITLEMENTS TO ESTABLISH GENERAL PLAN AND ZONING DESIGNATIONS ON A 10.5 ACRE PARCEL FOR SENIOR HOUSING DEVELOPMENT 9APN 666-011-27) (SAN JUAN GOLF, INC.) (CONTINUED FROM DECEMBER 6, 2005) CONTINUED TO THE REGULAR MEETING OF TUESDAY, FEBRUARY 7, 2006. (440.251460.20) Description: At their December 6, 2005 meeting, the City Council continued consideration of the project to this evening's meeting and requested an evaluation of the project's proforma financial analysis to justify the requested project acreage and density for the senior housing component. As of the agenda deadline date, the applicant had not submitted all required information to the City's economic consultant, Keyser -Marston Associates (KMA). Consequently this project must be continued to the next regularly scheduled meeting on February 7, 2006. Mayor Hart opened the public hearing. Public Testimony: Pauline Leonard, city resident, spoke in opposition to the project due to the proposed senior housing, which does not meet the city's needs, and the proposed land -swap of city open space. Tom Hribar, city resident, opposed the project due view impacts and density issues. 1-17-2006 SV Mark Nielsen, city resident, opposed the project as it is not in context with the General Plan, scenic vista impacts, inappropriate use of open space, and inconsistent development issues. Roberto Brutocao, project applicant, provided updated information on project requirements, noting that a proforma is no longer needed. Bob Schrank, city resident, was opposed to three-story buildings and impacts on view sheds. Mayor Swerdlin reported that he received a telephone call from Patricia Jones and Shelagh Hegarty, city residents, both opposed to the project due to traffic concerns. Council Action: Moved by Council Member Bathgate, seconded by Council Member Soto, and carried unanimously, 5-0, to continue Consideration of General Plan Amendment (GPA) 03-02, Rezone (RZ) 04-01, Entitlements to Establish General Plan and Zoning Designations on a 10.5 Acre Parcel for Senior Housing, with the public hearing held open, to the regular meeting of January 17, 2006. RECESS AND RECONVENE Council recessed at 8:05 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 8:06 p.m. ADMINISTRATIVE ITEMS G1. CITY MANAGER a. THE CONCEPT OF GROWING EXPERIMENTAL GRASSES ON THE TERMINUS OF SAN JUAN CREEK ROAD BY BLENHEIM FARMS APPROVED; AND STAFF DIRECTED TO RETURN WITH A LICENSE AGREEMENT FOR CITY COUNCIL CONSIDERATION (820.20) Description: The City received a request dated December 20, 2005, from Blenheim Farms to use the terminus of San Juan Creek Road to grow experimental grasses. Blenheim Farms is proposing use of San Juan Creek Road right-of-way, east of the Paseo Chico terminus. The right-of-way for San Juan Creek Road is approximately 104 feet wide by 800 feet in length from the current terminus to the City limits. Blenheim Farms has prepared a concept plan depicting how they envision using this area. Should the City Council be amenable to the concept, Staff would prepare a License Agreement spelling out all of the terms and conditions for such an arrangement. At this time Staff is seeking Council direction prior to investing time to prepare a License Agreement 7 1-17-2005 for this venture. Staff recommended Council approve the concept of growing experimental grasses on the terminus of San Juan Creek Road by Blenheim Farms and direct staff to return with a License Agreement for City Council consideration. Written Communications: Report dated January 17, 2006, by Douglas D. Dumhart, Economic Development Manager. Presentation: Douglas D. Dumhart, Economic Development Manager, summarized the staff report. Public Comment: Paul Avila, and Joe Pulone, city residents, requested involvement in establishing terms of a license agreement because operations on property will impact their homes. R. J. Brandes, city resident, provided detailed information concerning his proposal to grow experimental grasses. Council Action: Moved by Council Member Hart, seconded by Council Member Soto, and carried unanimously, 5-0, to approve the concept of growing experimental grasses on the terminus of San Juan Creek Road by Blenheim Farms and direct staff to return with a License Agreement for City Council consideration. G2. PLANNING DIRECTOR a. RESOLUTION NO. 06-01-17-05 ADOPTED INITIATING PREZONING AND ANNEXATION PROCEEDINGS AND APPROVING A PROPERTY TAX EXCHANGE AGREEMENT BETWEEN THE CITY AND THE COUNTY OF ORANGE FOR THE RANCHO CAPISTRANO PROPERTY (RANCHO CAPISTRANO)(CRYSTAL CATHEDRAL MINISTRIES)(APNS 637-082-64,65, 66, 67, AND 68) (390.801620.20) Description: "Rancho Capistrano" is a 92 acre island of unincorporated territory located adjacent to the City's northwest boundary. It is surrounded by the incorporated cities of San Juan Capistrano to the south, east, and west, and by Laguna Niguel to the north. California Government Code Section 56375.3 allows Local Agency Formation Commissions (LAFCOs) to expeditiously process annexations of unincorporated islands of less than 150 acres without a protest hearing. Staff recommended Council adopt Resolution No. 06-01-17-05 initiating prezoning and annexation proceedings and approving a property tax exchange agreement between the City and the County of Orange for the Rancho Capistrano property. 1-17-2006 Written Communications: Report dated January 17, 2006, by Larry N. Lawrence, Consulting Case Planner. Presentation: Molly Bogh, Planning Director, reviewed the staff recommendation. Council Action: Moved by Council Member Soto, seconded by Council Member Bathgate, and carried unanimously, 5-0, to adopt RESOLUTION NO. 06-01-17-05 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING ANNEXATION PROCEEDINGS AND PREZONING AND APPROVING A PROPERTY TAX EXCHANGE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE FOR THE RANCHO CAPISTRANO PROPERTY (CRYSTAL CATHEDRAL MINISTRIES)." ORDINANCES - None COUNCILMANIC ITEMS 1. NORTHWEST AREA STRATEGIES COMMITTEE STRUCTURE REVISED TO INCLUDE: (12) PUBLIC MEMBERS AS APPOINTED BY THE CITY COUNCIL, (2) PLANNING COMMISSIONERS, AND (2) CITY COUNCIL MEMBERS. (530.40) Description: At the October 24, 2006 joint meeting of the City Council and Planning Commission, it was determined that a nine member committee would be formed to help guide development of strategies for the possible retention and acquisition of additional Open Space in the cities northwest area. The committee structure was revised; twelve citizens will serve, the property owner representatives including Mark Campaign, Cheryl Ellison, and Phillip Schwartze will not serve on the committee, but instead be involved in a staff led working group concerned with planning strategies; and Gary Hausdorfer is appointed as an advisor to the committee due to his past success with the local open space bond measure. The previously appointed City Council members serving on this committee include Council Member Hart (Chairman) and Mayor pro tem Allevato. The two Planning Commissioners, appointed by the Planning Commission, to serve on the committee include Sheldon Cohen and Timothy Neely. Staff recommended Council concur with the Council subcommittee appointees' recommendation to the Northwest Area Strategies Ad Hoc Committee. Written Communications: Report dated January 17, 2006 by William M. Huber, Assistant City Manager. Presentation: William M. Huber, Assistant City Manager, summarized the staff report. SP 9 1-17-2006 Council Discussion: Council members discussed that the committee would consider acquisition of developable private property and potential uses that would benefit the city as well as planning and improvements to existing open space. Council Action: Moved by Council Member Bathgate, seconded by Council Member Soto, and carried unanimously, 5-0, to concur with the Northwest Area Strategies Committee structure revision to include: (12) public members as appointed by the City Council, (2) Planning Commissioners, and (2) City Council members; property owner representatives including Mark Campaign, Cheryl Ellison, and Phillip Schwartze will not serve on the committee, but instead be involved in a staff led working group concerned with planning strategies; and Gary Hausdorfer is appointed as an advisor to the committee due to his past success with the local open space bond measure. Members of the public appointed to serve on the Committee include: Marlene M. Draper, Colleen Lynn Edwards, Matt Gaffney, Brad Gates, Tom Hribar, Shigeru Kinoshita, Larry Joe Kramer, W. Thomas Lunnen, Mark Nielsen, Thomas G. Ostensen, Richard (Dick) L. Paulsen, and Renee R. Ritchie. ADJOURNMENT There being no further business, Mayor Hart adjourned the meeting at 8:58 p.m. to Tuesday, February 7, 2006, 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, MAAGARET R. MONAHAN, CITY CLERK February 21, 2006 ATTEST: DAVID M. SWEkDLIN, MAYOR 10 1-17-2006 S1