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06-0307_CC_Minutes_Regular Meeting1 MINUTES MARCH 7, 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 7:03 p.m. in the City Council Chamber. Council Member Bathgate led the Pledge of Allegiance and Council Member 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; Sergeant Dan Dywer, Deputy Chief of Police Services; Karen Crocker, Community Services Director; Nasser Abbaszadeh, Engineering & Building Director; Molly Bogh, Planning Director; Eileen White, Recording Secretary ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Soto reported attending the Chamber of Commerce Tourist Summit held at the Mission San Juan Capistrano and encouraged public participation in the next meeting. He also announced a recent stage appearance and performance by Council Member Hart. Council Member Hart thanked Council Member Soto for his kind words and commended the actors at the Camino Real Playhouse for their hard work. Representatives from the Camino Real Playhouse recognized Council Member Hart for his role as Wyatt Earp. Mayor pro tem Allevato reported the approval of the Transportation Corridors Authority Environmental Impact Report Certification and for the "Green Alternative" for the alignment. Mayor Swerdlin announced participation in the opening day of Girls Softball and Little League. 3-7-2006 NORTHWEST AREA STRATEGIES COMMITTEE REPORT Council Member Hart announced that the first meeting of the North West Strategies Committee will be held on Monday, March 13, 2006 at 7 p.m. in the Community Center and encouraged the public to attend. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced upcoming communitywide events including the State of the City Address, the EI Presidente Ball, and events sponsored by the Mission San Juan Capistrano related to St. Joseph's Day and the return of the swallows. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS 1. FEBRUARY 1, 2006, THROUGH APRIL 30, 2006, PROCLAIMED AS THE FIESTA DE LAS GOLONDRINAS. (610.40) Mayor Swerdlin proclaimed February 1, 2006, through April 30, 2006, as the Fiesta de las Golondrinas and the Fiesta Association members reenacted the annual hanging of the Mayor. 2. COMMISSIONERS PRESENT AT MEETING INTRODUCED (910.10) Mayor pro tem Allevato introduced the following persons in attendance: Joann de Guevara and Marie Buckner, Housing Advisory Committee; Bob Cardoza, Planning Commission; Gail Zukow, Parks, Recreation and Equestrian Commission; and Les Blair, Council Liaison to the San Juan Seniors. ORAL COMMUNICATIONS Lois Huddlestone, City resident, representing the League of Women Voters, spoke regarding Sunshine Week 2006, which is an event to stimulate public discussion concerning open government. Art Guevara, City resident, spoke in opposition to the Minutemen proposal to participate in the Swallows' Day Festivities for safety reasons. Mayor Swerdlin announced that the Fiesta Association turned down the Minutemen application for participation in the parade. CONSENT CALENDAR Council Action: Moved by Council Member Soto, seconded by Council Member Bathgate, and carried unanimously, 5-0, to approve items 1 through 9 as recommended by staff. 2 3-7-2006 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF FEBRUARY 7, 2006, APPROVED AS SUBMITTED. 3. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 16, 2006, IN THE AMOUNT OF $2,271,255.10; AND PAYROLL WARRANTS DATED FEBRUARY 10, 2006, IN THE AMOUNT OF $252,163.72, RECEIVED AND FILED. (300.30) 4. CASH BALANCES BY FUND, JANUARY 31, 2006, RECEIVED AND FILED. (330.50) 5. REPORT OF INVESTMENTS, MONTH ENDING JANUARY 31, 2006, RECEIVED AND FILED. (350.30) 6. ALL BIDS FOR THE UNDERGROUND UTILITY DISTRICT 99-01, CAPITAL IMPROVEMENT PROJECT NO. 144, REJECTED; AND STAFF AUTHORIZED TO RE -BID THE PROJECT WITH REDUCED SCOPE. (CIP NO. 144) (600.10) 7. PERSONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE COOK'S RESERVOIR REPLACEMENT PROJECT WITH TETRA TECH, INC., IN THE AMOUNT OF $298,400 APPROVED. (CIP NO. 769)(TETRA TECH, INC.)(600.30) 8. AGREEMENT FOR VALVE AND FIRE HYDRANT MAINTENANCE SERVICES WITH IWATER, IN THE AMOUNT OF $80,000 APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT. (600.30) 9. AGREEMENT FOR CONSTRUCTION OF WATER AND SEWER FACILITIES WITH VALLE RANCH, LLC APPROVED; AND THE MAYOR AND CITY CLERK AUTHORIZED TO EXECUTE THE AGREEMENT. (TRACT 16678) (33272, 33302, AND 33332 VALLE ROAD)(600.30) PUBLIC HEARINGS - None RECESS AND RECONVENE Council recessed at 7:28 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 7:28 p.m. ADMINISTRATIVE ITEMS G1. ADMINISTRATIVE SERVICES DIRECTOR a. INSTALLATION OF A TRAFFIC SIGNAL AT THE RANCHO VIEJO ROAD AND HIGHLAND DRIVE INTERSECTION POSTPONED INDEFINITELY; AND STAFF 3 3-7-2006 DIRECTED TO INSTALL THE TRAFFIC SIGNAL AT THE CAMINO DEL AVION AND VIA POSITIVA INTERSECTION. (CIP NO.405)(TERNO, INC.)(600.30) Description: Due to increasingly heavy traffic on Rancho Viejo Road and resulting delays to Highland Drive motorists, the City Council awarded a contract to install a traffic signal at this intersection. Subsequently, the City received letters, emails, and calls from nearby residents objecting to the traffic signal at this location and results of a resident poll indicated 55% are opposed. Staff identified two alternate locations that would benefit from a traffic signal. Staff recommended Council direct staff to work with the contractor to construct the traffic signal at one of the alternative locations. Written Communications: Report dated March 7, 2006, by Alan Oswald, Project Manager. Email dated February 28, 2006, from Harlan and Rebecca Lassen, City residents, opposed to the traffic signal because it is unnecessary. Email dated March 1, 2006, from Jennifer Aswegan, City resident, opposed to the traffic signal due to traffic backup, increased noise and air pollution, and signal light spillover into homes. Email dated March 1, 2006, from Leonard A. Ward, City resident, in support of the traffic signal in order to increase traffic safety. Letter dated March 1, 2006, from Leonard Brown, City resident, opposed to the traffic signal because it is unneeded, unwanted by the majority, and unnecessary. Letter dated March 1, 2006, from Matt Cereghino, City resident, supported the traffic signal because traffic will be increasing when building in the area is completed. Email dated March 2, 2006, from Ron and Sherri Alden, City residents, against the traffic signal because it is unneeded and unwanted. Email dated March 3, 2006, from Diana & Rudi Brutoco, City residents, opposed to the traffic signal at this location as it is better placed elsewhere. Email dated March 3, 2006, from Maryann Tucker, City resident, felt a traffic signal at this location was unnecessary and suggested it be constructed at Spotted Bull and Rancho Viejo Road. Email dated March 6, 2006, from Steve Heller, City resident, supported the traffic signal as it will allow protected turns, improve traffic flow, and control the traffic 4 3-7-2006 created by new construction in the area. The signal should be constructed now while the funds are available. Email dated March 6, 2006, from Amy Fox, City resident, opposed to the traffic signal due to wasted gas, increased delays, and increased noise pollution. Presentation: Nasser Abbaszadeh, Engineering and Building Director, reviewed the staff recommendation. Public Comment: Tom Barrett, City resident, was opposed to the signal installation at Highland Drive. Liz Elliott, City resident, indicated she would like to have a signal installed at the Mission Hills intersection if it is not installed at Highland. She suggested the City paint "Do not block intersection" within the intersection. Council Action: Moved by Mayor pro tern Allevato, seconded by Council Member Hart, and carried unanimously, 5-0, to direct staff to work with the contractor to install the traffic signal at the alternative location of Camino del Avion and Via Positiva intersection. G2. PLANNING DIRECTOR a. RESOLUTION NO. 06-03-07-01 ADOPTED DENYING THE APPEAL OF RANDALL L. WATERMAN AND UPHOLDING THE PLANNING DIRECTOR'S DETERMINATION TO REQUIRE A GRADING PLAN MODIFICATION (GPC) FOR THE PROJECT LOCATED AT 31122 SANTA MARGARITA PLACE. (TRACT 9382, LOT 16)(APN 650-191-15) (410.50) Description: Randall Waterman submitted plans to the building department for rear yard improvements, including tiered retaining walls, and modification of the existing grade in order to create additional yard area for an existing single-family residence located at 31122 Santa Margarita Place. The Planning Director determined that Mr. Waterman's proposal did not comply with SJCMC Section 9- 2.323(f) (3), in that the grade would be modified in excess of two (2) feet, and required that a Grading Plan Modification (GPM) be submitted for review and approval. Mr. Waterman filed an appeal of the Planning Director's action to require a GPM. Staff recommended Council adopt the resolution denying the appeal and uphold the Planning Director's determination to require a GPM for the subject project. Written Communications: Report dated February 21, 2006, by Richard Greenbauer, Associate Planner. 5 3-7-2006 Presentation: Molly Bogh, Planning Director, reviewed the staff recommendation. Randy Waterman, City resident, appellant, felt the fees associated with the project processing are excessive. He indicated his neighbors agreed with his proposal. Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member Soto, and carried unanimously, 5-0, to adopt Resolution No. 06-03-07- 01, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING DIRECTOR'S DECISION TO REQUIRE A GRADING PLAN MODIFICATION (WATERMAN RESIDENCE) (TRACT 9382, LOT 16) (APN 650- 191-15)." G3. CITY MANAGER a. WORKLOAD AND BUDGETARY PRIORITIES FOR FY 2006-07 PRESENTED AND STAFF DIRECTION PROVIDED. (330.20) Description: Staff developed a Workload and Budgetary Priorities Schedule for FY 2006-07 for Council consideration. Staff recommended Council provide input and direction regarding Council initiated priorities. Written Communication: Report dated March 7, 2006, by Dave Adams, City Manager. Presentation: Bill Huber, Assistant City Manager, summarized the status of current City Council priorities and requested Council direction to reaffirm or change priorities. He indicated that recommended changes would be brought back to a subsequent meeting. Council Comment: Council Member Soto suggested changes in the format of the priority list to differentiate between very long-term projects, requiring coordination among regional agencies, and those that are 1 to 3 year projects that are directly under the City's control and provide direct benefit to our residents. Council Member Hart suggested placing open space and equestrian trails as high priority. Council Member Bathgate recommended developing a recreational needs assessment; (related to many items on the priority list); enhancement to the City's creeks; and combining priorities to enhance the downtown into a -- streetscape improvement project. 6 3-7-2006 Mayor pro tem Allevato concurred with a recreational needs assessment and placing a high priority on park upgrades. Mayor Swerdlin supported a recreational needs assessment while encouraging emphasis on proceeding with needed improvements, such as adding barbeque facilities to neighborhood parks and artificial turf at stone field and Marco Forster School. He suggested pursuing use of anticipated surplus school district property for affordable housing; downtown sidewalk expansion, outdoor dining , and evening lighting; and naturalizing creek areas for use as passive recreation. Council Action: ORDINANCES No formal action taken. ORDINANCE NO. 912 AMENDING MUNICIPAL CODE RELATED TO TESTING REQUIREMENTS FOR MASSAGE THERAPISTS ADOPTED. (460.30) Description: A second reading and adoption of the Ordinance related to testing requirements for massage therapists. Written Communication: Report dated March 7, 2006, by Meg Monahan, City Clerk. Meg Monahan, City Clerk read the title of the ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 5-24.17 OF CHAPTER 24 'REGULATION OF MASSAGE THERAPY,' RELATING TO TESTING REQUIREMENTS FOR MASSAGE THERAPISTS." Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member Bathgate, and carried unanimously, 5-0 to approve second reading and adoption of the ordinance related to testing requirements for massage therapists. 2. ORDINANCE NO. 913 AMENDING THE OFFICIAL ZONING MAP RELATED TO PROPERTY LOCATED ALONG THE NORTH SIDE OF SAN JUAN CREEK ROAD AND EAST OF CHATEAU SAN JUAN ADOPTED. (APN 666-011-27) (SAN JUAN GOLF, INC.) (440.251460.20) Description: A second reading and adoption of the Ordinance amending the Official Zoning Map related to property located along the north side of San Juan Creek Road and east of Chateau San Juan. Written Communication: Report dated March 7, 2006, by Meg Monahan, City Clerk, 7 3-7-2006 Public Comment: David G. Solt, City resident, advised that golf course employees were physically interfering with those gathering petitions for a referendum. Dick Schwartz, City resident, was opposed to the project and discussed the referendum petition currently underway. Patricia Jones, City resident and project detractor, described the disruptive and verbally abusive language directed toward referendum petition proponents. Yvonne Tschaikowsky, City resident, read a letter from Mike Mathewson, City resident, opposing the project due to project financing methods, incomplete KMA analysis, and lack of disclosure from the applicant. Mark Nielsen, City resident, opposed giving up public land to help finance the development project and felt the land had been undervalued by the project consultant. Trevor Dale, City resident, opposed the project and felt some Council Members had conflicts related to approvals. Mike Johnson, City resident, was opposed to the project, felt that the applicant's filing for incorporation in Nevada was suspicious, and urged Council Members who voted in approval to change their vote. Robert L. Savanich, City resident, supported the project and felt the golf course improvements and affordable housing were needed. Roberto Brutocao, project applicant, responded to opponent's comments concerning the development. Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO APPROVING REZONE 04-01, AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR A 10.5 ACRE PARCEL LOCATED ALONG THE NORTH SIDE OF SAN JUAN CREEK ROAD AND EAST OF CHATEAU SAN JUAN FROM THE "OSR" (OPEN SPACE RECREATION) TO THE "PC" (PLANNED COMMUNITY) ZONE DISTRICT (ASSESSOR PARCEL NUMBER 666-011-27)(CAPISTRANO VALLEY GOLD, LP)." Council Action: Moved by Council Member Hart, seconded by Council Member Soto, and carried 3-2, with Council Member Bathgate and Mayor pro tem Allevato against, to approve second reading and adoption of the Ordinance amending the Official Zoning Map related to property located along the north side of San Juan Creek Road and east of Chateau San Juan. 3-7-2006 ROLL CALL AYES: COUNCIL MEMBERS: Hart, Soto, Mayor Swerdlin NOES: COUNCIL MEMBERS: Allevato, Bathgate ABSTAIN: COUNCIL MEMBERS: None COUNCILMANIC ITEMS - None ADJOURNMENT There being no further business, Mayor Swerdlin adjourned the meeting at 8:51 p.m. to Tuesday, March 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, ,, , M�►RG RET R. MONAHAN, CITY CLERK Appro� d: April 4, 2006 ATTESTQ, �' 4- - P",Z" : /''� DAVID M. S ERDLIN, MAYOR 1 9 3-7-2006