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06-0207_CC_Minutes_Regular MeetingMINUTES FEBRUARY 7, 2006 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.$5] 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, administrative claim of T. Powers, and code enforcement action for property at 33561 Valle Rd, San Juan Capistrano. Mayor Swerdlin called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 7:06 p.m. in the City Council Chamber. Council Member Hart led the Pledge of Allegiance and Council Member Soto asked for a moment of silence to honor the troops serving in Iraq. Mayor Swerdlin dedicated the meeting to the late Larry Hernandez, longtime community volunteer and descendent of Jose Francisco Ortega. 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; and Eileen White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Members complimented Phil Schwartze, President of Capistrano Animal Rescue Effort (CARE) on the great car show that CARE sponsored last weekend. Council Member Hart congratulated Mayor pro tem Allevato on the birth of his grandson, Maxwell Liam Martinez. 2-7-2006 Council Member Bathgate announced attendance at a recent South Orange County Wastewater Authority meeting. Mayor pro tem Allevato reported a proposal by the Orange County Fire Authority to provide a two tiered emergency response system. Mayor Swerdlin announced attendance at the Boys & Girls Club Power Breakfast and the Youth of the Year awards. He announced a Transportation Corridor meeting concerning the 241 toll road extension to be held on February 23, 2006. NORTHWEST AREA STRATEGIES COMMITTEE REPORT Council Member Hart announced the seating of the North West Strategies Committee and expected they would begin their public meetings in early March. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director announced upcoming communitywide events including a "Trails of Discovery" Lecture and Lincoln Celebration hosted by the Mission San Juan Capistrano; a networking breakfast hosted by the Chamber of Commerce; and Fiesta Association events leading up to the Fiesta de las Golondrinas. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS 1. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Allevato introduced the following individuals in attendance: Les Blair, Council Liaison to the San Juan Seniors; Bob Cardoza, Planning Commission; Joann de Guevara and Marie Buckner, Housing Advisory Committee; Lee Goode, Water Advisory Commission ORAL COMMUNICATIONS Mayor Swerdlin announced that Items E-2 (Public Hearing regarding a development proposal by San Juan Golf, Inc.); G -la (Amendment to the testing requirements for massage therapists); and 1-1 (Biannual appointments to commissions and committees) would be continued. Shirley King, acupuncturist, spoke regarding hours needed to properly learn massage. 2 2-7-2006 The following individuals spoke in opposition to the Item E-2 proposal: Mark Nielsen, City Resident, expressed concerns related to traffic, reduction of open space and quality of life issues. Trevor Dale, City resident, was opposed to rezoning open space to residential and cited concerns regarding increased traffic. Dave Solt, City resident, was opposed to the high density housing, the loss of open space, and the proposed neighborhood taxation to save the open space. He suggested the City raise fees to landscape the La Novia corner for all to enjoy. Robert Schrank, City resident, felt open space should be maintained, the lease agreement was unreasonable, and the project would set a precedent. He suggested the property be developed as City -owned tennis courts. Patricia Jones, City resident, read a petition in opposition to the project. Phyllis Watson, City resident, opposed development of the land. Lewis Capucho, City resident, felt the open space should be maintained. Davis Goodman, City resident, supported maintaining the open space. Evan Tchaikovsky, City resident, asked that open space be maintained. In support of the Item E-2: Dusty Otero, City resident, supported the project and encouraged a left -turn signal at an adjacent corner. CONSENT CALENDAR Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Allevato, and carried unanimously, 5-0, to approve items 1 though 11 and 13 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF JANUARY 3, 2006, APPROVED AS SUBMITTED. 3, ACCOUNTS PAYABLE WARRANTS DATED JANUARY 19, 2006, IN THE AMOUNT OF $2,101,670.76; AND PAYROLL WARRANTS, DATED JANUARY 13, 2006, IN THE AMOUNT OF $257,650.51, RECEIVED AND FILED. (300.30) 3 2-7-2006 4. CASH BALANCES BY FUND - DECEMBER 2005 - RECEIVED AND FILED. (330.50) 5. RESOLUTION NO. 06-02-07-01 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ABANDONING A RECREATIONAL TRAIL EASEMENT WITHIN ASSESSOR'S PARCEL NO. 121-070-64 (P.M. 2001-158, J. F. SHEA THERAPEUTIC RIDING CENTER)" ADOPTED; THE MAYOR AND CITY CLERK AUTHORIZED TO EXECUTE THE QUITCLAIM DEED; AND THE CITY CLERK DIRECTED TO FORWARD THE QUITCLAIM DEED TO THE ORANGE COUNTY RECORDER'S OFFICE. (AC 04-03/PM 2001-158)(APN 121-070-64)(670.50) 6. RESOLUTION NO. 06-02-07-02, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, GRANTING A SEWER LATERAL AND WATER LATERAL EASEMENT WITHIN ASSESSOR'S PARCEL NO. 649-072-01 (CITY OF SAN JUAN CAPISTRANO/ J. F. SHEA THERAPEUTIC RIDING CENTER)" ADOPTED; THE MAYOR AND CITY CLERK AUTHORIZED TO EXECUTE THE EASEMENT DEED; AND CITY CLERK DIRECTED TO FORWARD THE DEED TO THE ORANGE COUNTY RECORDER'S OFFICE. (AC 04-03)(APN 649-072-01)(670.50) 7. RESOLUTION NO. 06-02-07-03, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING A RECREATIONAL TRAIL EASEMENT WITHIN ASSESSOR'S PARCEL NO. 121-070-64 (J. F. SHEA THERAPEUTIC RIDING CENTER)" ADOPTED; AND THE CITY CLERK DIRECTED TO FORWARD THE EASEMENT DEED TO THE ORANGE COUNTY RECORDER'S OFFICE. (AC 04-03) (APN 121-070-64)(670.50) 8. CLAIM OF GEOFF SUMICH DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S ADJUSTER, CARL WARREN & COMPANY. (170.70) 9. REPORT OF INVESTMENTS, MONTH ENDING DECEMBER 31, 2005, RECEIVED AND FILED; AND THE CITY CLERK DIRECTED TO FORWARD THE REPORT OF INVESTMENTS TO THE CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION. (350.30) 10. PERSONAL SERVICES AGREEMENT WITH MBF CONSULTING, INC., IN THE AMOUNT OF $35,948, FOR ENGINEERING SERVICES FOR THE RANCHO SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT APPROVED. (CIP NO. 412) (RANCHO SIERRA VISTA STABLES) (600.30) 4 2-7-2006 11. FINAL TRACT MAP NO. 16802 AND CORRESPONDING SUBDIVISION AGREEMENT APPROVED BASED ON THE FINDING THAT THE FINAL MAP IS IN CONFORMANCE WITH THE SUBDIVISION MAP ACT, THE TENTATIVE TRACT MAP, AND THE CONDITIONS SET FORTH BY COUNCIL RESOLUTION 05-06-07-02; CITY CLERK, CITY SURVEYOR AND CITY ENGINEER AUTHORIZED TO EXECUTE THE FINAL MAP; THE MAYOR AND CITY CLERK AUTHORIZED TO EXECUTE THE SUBDIVISION AGREEMENT; AND CITY CLERK DIRECTED TO FORWARD THE MAP AND SUBDIVISION AGREEMENT TO THE ORANGE COUNTY RECORDER. (420.40) 12. MEMORANDUM OF UNDERSTANDING APPROVED RECOGNIZING THE FIESTA ASSOCIATION'S ROLE IN THE EVENTS ASSOCIATED WITH THE 2006 FIESTA DE LAS GOLONDRINAS CELEBRATION; RESOLUTION NO. 06- 02-07-04 ADOPTED APPROVING WAIVERS OF PERMIT FEES, USE OF CITY FACILITIES, AND EXCEPTION FOR FIREARM DISCHARGE; AND A FEE REDUCTION FOR THE LA PRESIDENTA BALL APPROVED. (600.30) This item was pulled from the Consent Calendar to allow for public comment. Public Comment: Tacy Lees, President of the Fiesta Association, City resident, thanked the Council for supporting the Fiesta Association and provided an overview of the upcoming parade. Council Action: Moved by Council Member Hart, seconded by Council Member Bathgate and carried unanimously, 5-0, to approve the Memorandum of Understanding between the San Juan Capistrano Fiesta Association and the City of Sart Juan Capistrano, recognizing the Fiesta Association as lead agency in planning, coordinating and conducting all official events associated with the 2006 Fiesta de las Golondrinas celebration; adopt Resolution No. 06-02-07-04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REQUEST FOR A WAIVER OF CITY FEES TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION FOR THE EVENTS ASSOCIATED WITH THE 2006 FIESTA DE LAS GOLONDRINAS CELEBRATION, SWALLOWS DAY PARADE, JULY 4TH CELEBRATION; AND GRANTING AN EXCEPTION TO THE CITY'S FIREARM DISCHARGE REGULATIONS FOR HOOS'GOW DAY AND SWALLOWS PARADE DAY;" and approve a 77% fee reduction for the La Presidenta Ball, subject to conditions, in the amount of $995. 13. PROJECT UPDATE FOR THE TERMINAL RESERVOIR NO. 3 PROJECT RECEIVED AND FILED. (CITY COUNCIL PRIORITY NO. 21) (CIP NO. 753) (600.30) 2-7-2006 14. REQUEST FOR FEE REDUCTION AND USE OF THE SAN JUAN CAPISTRANO SPORTS PARK AND COMMUNITY CENTER FOR ANTIQUE CAR SHOW HELD ON FEBRUARY 4, 2006, APPROVED (CAPISTRANO ANIMAL RESCUE EFFORT) (390.30) Public Comment: Phillip Schwartze, City resident, President of CARE, provided an overview of funding received and anticipated this would be the last fee reduction request. Council Comments: Council Member Soto removed this item from the Consent Calendar in order to vote against it. He noted that this event has benefited from fee reductions in the past and CARE should be able to produce this event without financial support from the City. Council Member Bathgate concurred. Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Allevato, and carried 3-2, with Council Member Soto and Council Member Bathgate opposed, to approve the request by CARE for use of the San Juan Capistrano Sports Park and Community Center for the 2006 CARE Antique Car Show, subject to conditions; approve an 85.5% fee reduction in the amount of $880; and approve the request by CARE to include a "Mayor's Trophy" in the amount not to exceed $100. ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS: PUBLIC HEARINGS Allevato, Hart, and Mayor Swerdlin Bathgate, Soto None RESOLUTION NO. 06-02-07-05 ADOPTED APPROVING CORRECTIONS TO THE SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES APPROVED JULY 5, 2005. (CITY COUNCIL PRIORITY NO. 12)(390.10) _Description: A resolution to make minor corrections and implement a plan check fee to a comprehensive schedule of fees and charges for City services previously approved by the City Council on July 5, 2005. Staff recommended approval of the resolution. 6 2-7-2006 Written Communications: Report dated February 7, 2006, by Cynthia Russell, Administrative Services Director. Presentation: Cynthia L. Russell, Administrative Services Director, summarized the staff report. Mayor Swerdlin opened the public hearing and there being no public testimony, closed the public hearing. Council Action: Moved by Council Member Soto, seconded by Council Member Bathgate, and carried unanimously, 5-0 to adopt Resolution No. 06-02- 07-05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING FEES AND CHARGES FOR CITY SERVICES." 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 CONTINUED TO FEBRUARY 21, 2006. (APN 66-011-27)(SAN JUAN GOLF, INC.) (440.251460.20) Written Communications: Letter from Chris and Patty Smith, City residents, opposed to the Golf Course expansion. Flyer from R. Schrank urging residents to oppose the project. Council Action: Moved by Council Member Soto, seconded by Mayor pro tem Allevato and carried unanimously, 5-0, to continue the public hearing to the next regularly scheduled City Council meeting on Tuesday, February 21, 2006. 3. TEMPORARY STREET CLOSURES FOR THE FIESTA DE LAS GOLONDRINAS PARADE AND THE MERCADO APPROVED FOR SATURDAY, MARCH 25, 2006; AND ISSUANCE OF A PARADE PERMIT TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION APPROVED. (150.60) Description: The San Juan Capistrano Fiesta Association submitted an application for a parade permit and street closures for the Fiesta Del Las Golondrinas Parade to be held on Saturday, March 25, 2006, and request for street closures for the Mercado to be held on the same date from 8:00 a.m. to 5:30 p.m. Staff recommended approval of the request. Written Communications: Report dated February 7, 2006, by Alan Oswald, Senior Engineer/Traffic. 7 2-7-2006 Presentation: Nasser Abbaszadeh, Engineering and Building Director, reviewed the staff recommendation. Mayor Swerdlin 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 Soto, and carried unanimously, 5-0, to approve the temporary street closures for the Fiesta Del Las Golondrinas Parade and the Mercado (as shown on Attachments 2 and 3) on Saturday, March 25, 2006; and approve the issuance of a parade permit to the San Juan Capistrano Fiesta Association, per the City Municipal Code, Section 5-11.05(b). 4. FIRST READING AND INTRODUCTION OF AN ORDINANCE REVISING SPEED LIMITS ON CERTAIN CITY STREETS APPROVED. (420.30) Description: Staff has completed the survey required by the California Vehicle Code to be performed every seven years to justify the establishment and enforcement of speed limits on selected streets. The survey report recommends speed limit adjustments to certain streets within the City limits. Staff recommended Council introduce and approve an ordinance revising speed limits on certain streets. Written Communications: Report dated February 7, 2006, by Alan Oswald, Senior Engineer/Traffic. Presentation: Nasser Abbaszadeh, Engineering and Building Director, summarized the staff report. Mayor Swerdlin opened the public hearing. Public Testimony: Erin Kutnick, City resident, opposed raising the speed limit on certain streets due to safety concerns. She encouraged more enforcement as an alternative to speed limit increases. Liz Elliott, City resident, was concerned about a raised speed limit on Mission Hills Drive for safety reasons and opposed the increase on Rancho Viejo Road as it would increase difficulty accessing it from Mission Hills Drive. She also complained about the car dealerships in Mission Viejo using her neighborhood as a new car test-driving course. David Adams, City Manager, agreed to forward a note to the car dealerships asking them to be careful when using the City's streets. Mayor Swerdlin closed the public hearing. 8 2-7-2006 Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS AT VARIOUS LOCATIONS BY AMENDING SECTION 4-6.501, ARTICLE 5, TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE." Council Action: Moved by Mayor pro tem Alievato, seconded by Council Member Soto, and carried unanimously, 5-0, to approve introduction and first reading of an ordinance amending Title 4, Chapter 6: Traffic; Speed Limits Established, revising speed limits on certain City streets. RECESS AND RECONVENE Council recessed at 8:34 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 8:35 p.m. ADMINISTRATIVE ITEMS G1. CITY MANAGER a. CONSIDERATION OF AMENDING THE MUNICIPAL CODE RELATING TO TESTING REQUIREMENTS FOR MASSAGE THERAPISTS CONTINUED TO THE REGULAR MEETING OF FEBRUARY 21, 2006 (460.30) Written Communication: Letter from Mark H. Cheung, Wu & Cheung Attorneys at Law, representing Ortega Therapy Day Spa, citing concerns about the proposed amendments. Mayor Swerdlin continued this item to the regular meeting of February 21, 2006. G2. PUBLIC WORKS DIRECTOR a. PURCHASE OF CITY VEHICLES FROM VILLA FORD APPROVED. (370.30) Description: In accordance with the vehicle replacement assessment that is maintained by the Public Works Department, 6 vehicles have been identified for replacement. Staff has analyzed the driving functions performed by the identified vehicles and is recommending replacement with 4 Ford F-150 Trucks and 2 Ford Escape Hybrid vehicles. The lowest of the 4 proposals received was from Villa Ford of Orange. Staff recommended Council approve the purchases of 6 vehicles from Villa Ford. Written Communications: Report dated February 7, 2006, from Kathleen Springer, Management Analyst 11. 9 2-7-2006 Presentation: Amy Amirani, Public Works Director, reviewed the staff recommendation. Council Action: Moved by Council Member Soto, seconded by Mayor pro tem Allevato, and carried unanimously, 5-0, to approve the purchases of four (4) Ford F-150 Trucks and two (2) Ford Escape Hybrid vehicles from Villa Ford in the amount of $134,345.32; and appropriate $58,551 from the AQMDIAB2766 Fund. ORDINANCES - None COUNCILMANIC ITEMS 1. CONSIDERATION OF BIANNUAL APPOINTMENTS TO CITY COMMISSIONS AND COMMITTEES CONTINUED TO THE REGULAR MEETING OF FEBRUARY 21, 2006. (110.20) Mayor Swerdlin continued this item to the regular meeting of February 21, 2006. ADJOURNMENT There being no further business, Mayor Swerdlin adjourned the meeting at 8:41 p.m. to Tuesday, February 21, 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, R. MONAHAN, CITY CLERK : March 7, 2006 ATTEST: DAVID M. E DLIN, MAYOR 10 2-7-2006