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06-0502_CC_Minutes_Regular MeetingMINUTES MAY 2, 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 7:01 p.m. in the City Council Chamber. Council Member Hart 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; Lt. Mike Betzler, Chief of Police Services; Molly Bogh, Planning Director; Nasser Abbaszadeh, Engineering & Building Director, Karen Crocker, Community Services Director; Kathleen Springer, Acting Public Works Director; and Eileen White, Recording Secretary ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Soto, Council Member Hart and Mayor pro tem Allevato announced attendance at a community -wide Birthday Party for seniors 90 years of age and older. Council Member Bathgate reported attending a recent South Orange County Wastewater Executive Committee meeting. Mayor pro tem Allevato reported meeting with State Representative Mimi Walters to discuss issues of concern; and provided a Measure M update. Mayor Swerdlin reported attending a Transportation Corridor Agency meeting and a Joint Powers Insurance Authority workshop; announced that the Vector of the Month is the Western Black Legged Tick; and stated that today is his 25th wedding anniversary to his wife Susan. NORTHWEST AREA STRATEGIES COMMITTEE REPORT Council Member Hart reported recent Northwest Areas Strategies Committee actions including establishment of the three subcommittees concerned with planning, finance 5-2-2006 and public education. He announced an upcoming tour of the City's open space scheduled for 8 a.m. on May 13, 2006, and the next regular meeting of June 5, 2006. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced upcoming communitywide events including events related to National Historic Preservation Week; an upcoming Chamber of Commerce breakfast meeting; and playhouse performances. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS 1. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10) Mayor pro tem Allevato introduced the following individuals in attendance: Bob Cardoza, Planning Commission; Maria Buckner and Joann de Guevara, Housing Advisory Committee; and Steve Whitaker, Orange County Fire Authority Battalion Chief. ORAL COMMUNICATIONS Donald Shaw, City resident, requested the City's attention to permits concerning a development under construction which may cause storm drain problems for adjacent properties. Dave Adams, City Manager, noted staff's previous responses and indicated they would again be in contact with Mr. Shaw. CONSENT CALENDAR Council Action: Moved by Council Member Hart, seconded by Council Member Soto, and carried unanimously, 5-0, to approve items 1, 3, 5, 6 and 7 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF APRIL 4, 2006, APPROVED WITH REVISION. This item was removed from the Consent Calendar for revision. Council Action: Moved by Council Member Hart, seconded by Council Member Bathgate and carried unanimously, 5-0, to revise the minutes of the meeting of April 4, 2006, to include a notation that Council Member Soto abstained from Closed Session Item 1 concerning Martin E. and Marion E. Scalzo Family Trust, Frederick R. Scalzo, Co -Trustee v. City of San Juan Capistrano. 2 5-2-2006 3. ACCOUNTS PAYABLE WARRANTS DATED APRIL 13, 2006, IN THE AMOUNT OF $1,701,423.20; AND PAYROLL WARRANTS DATED APRIL 7, 2006, IN THE AMOUNT OF $260,652.59, RECEIVED AND FILED. (300.30) 4. PROJECT CONCEPT FOR THE PROPOSED JUNIPERO SERRA ROAD AND RANCHO VIEJO ROAD INTERSECTION IMPROVEMENTS APPROVED WITH REVISION. (CIP NO. 404)(590.60) Council Member Soto removed this item from the Consent Calendar for discussion. Description: Staff has prepared concept plans for the Junipero Serra Road and Rancho Viejo Road Intersection which consists of three of the Capital Improvement Projects in the Traffic Congestion Relief Program. Staff recommended Council review the proposed intersection improvements and approve the project concept. Written Communications: Report dated May 2, 2006, by Brian Perry, Project Manager. Presentation: Nasser Abbaszadeh, Engineering and Building Director, summarized the staff report. Council Members agreed with Council Member Soto's suggestion to consider additional landscaping and trees. Council Member Soto submitted conceptual plans for staff consideration. Council Action: Moved by Council Member Soto, seconded by Mayor pro tem Allevato, and carried unanimously, 5-0, to approve the project concept for the proposed Junipero Serra Road and Rancho Viejo Road Intersection improvements; and include staff consideration of center island landscaping conceptual plans. 5. CASH BALANCES BY FUND, MARCH 31, 2006, RECEIVED AND FILED. (330.50) 6. REPORT OF INVESTMENTS, MONTH ENDING MARCH 31, 2006, RECEIVED AND FILED. (350.30) 7. RESOLUTION NO. 06-05-02-01, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 7, 2006, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES," ADOPTED; RESOLUTION NO. 06-05-02-02, ENTITLED "A RESOLUTION OF 3 5-2-2006 THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2006, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE," ADOPTED; AND RESOLUTION NO. 06-05-02-03, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTION OFFICE PERTAINING TO CANDIDATES STATEMENT SUBMITTED TO THE VOTERS AT ELECTIONS TO BE HELD ON TUESDAY, NOVEMBER 7,2006," ADOPTED. (630.20) PUBLIC HEARINGS TEMPORARY STREET CLOSURES FOR THE ANNUAL SWALLOWS INN REGIONAL CHILI COOK OFF, TO BE HELD ON SATURDAY, MAY 20, 2006, APPROVED. (150.60) Description: Charity's Best, which includes the Richard Henry Dana Exceptional Needs Facility (RHDENF) and ABATE Local #9, submitted an application for the International Chili Society (ICS) sanctioned 12th Annual Swallows Inn Regional Chili Cook Off event, scheduled for Saturday, May 20, 2006, between 12:00 noon and 8:00 p.m. The organizers requested El Camino Real and Yorba Street be closed for the event between the hours of 6:00 a.m. to 9:00 p.m. Staff recommended the approval of necessary street closures for the event. Written Communications: Report dated May 2, 2006, by Alan P. Oswald, Senior Engineer/Traffic. Presentations: Nasser Abbaszadeh, Engineering and Building Director, reviewed the staff recommendation. Meg Monahan, City Clerk, will be contacting Charity's Best representatives to clarify the additional insurance requirement. Michael Farah, event coordinator, Newport Beach resident, reviewed security staffing for the event and acknowledged the insurance documentation requirement. 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 Mayor pro tem Allevato, and carried unanimously, 5-0, to approve the temporary street closures for the Chili Cook Off on Saturday, May 20, 2006, subject to the conditions of approval recommended by staff. 4 5-2-2006 2. RESOLUTION NO. 06-05-02-06 ADOPTED AMENDING RESOLUTION NO. 06- 05-07-05 RELATED TO SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES. (390.10) Description: Changes or updates to the Schedule of Fees and Charges for City Services (Schedule) beyond the annual adjustment require consideration by the City Council and adoption of a resolution amending the Schedule. Staff is proposing one change outside of the annual adjustment; an increase in the bail amount for certain parking violations to make the bail amount consistent with neighboring communities and cover the increases in City costs. Staff recommended Council adopt the resolution amending the Schedule of Fees and Charges for City Services. Written Communications: Report dated May 2, 2006, by Cindy Russell, Administrative Services Director. Presentation: Cindy 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 Bathgate, seconded by Council Member Soto, and carried unanimously, 5-0, to adopt Resolution No. 06-05-02- 06, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 06-02-07- 05 APPROVING THE SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES." 3. RESOLUTION NO. 06-05-02-04 ADOPTED APPROVING AGREEMENTS WITH RESPECT TO THE SAN JUAN MOBILE ESTATES ACQUISITION BY MILLENNIUM HOUSING CORPORATION; AND RESOLUTION NO. 06-05-02- 05 ADOPTED APPROVING ISSUANCE OF MOBILE HOME PARK REVENUE BONDS FOR THE ACQUISITION. (600.30) Description: Residents of the San Juan Mobile Estates Mobile Home Park have been working with Millennium Housing Corporation to acquire the park from the current private owner. Ownership by Millennium will allow them to have more control over the operations and management of the park. The City's Rent Control Ordinance will be the governing guideline regarding rent increases for the 35 - year term of the regulatory agreement. The park residents and Millennium requested the City join a state-wide joint powers agency, the Independent Cities Lease Finance Authority (ICLFA), to allow the issuance of tax-exempt revenue bonds. Staff recommended Council adopt the resolution approving an Associate Membership Agreement with Independent Cities Lease Finance Authority, a supplemental Regulatory Agreement, and an Administration and Oversight 5 5-2-2006 Agreement with respect to the San Juan Mobile Estates acquisition by Millennium Housing Corporation; and a resolution approving issuance of Mobile Home Park Revenue Bonds by the Independent Cities Lease Finance Authority for the San Juan Mobile Estates acquisition. Written Communications: Report dated May 2, 2006, by Cindy Russell, Administrative Services Director. Presentation: Cindy Russell, Administrative Services Director, presented the staff report. Public Testimony: Renie Hursp, City resident, supported the Millennium Housing proposal and commended the mobile home park board for their diligent work. Don Miller, City resident, supported acquisition of the mobile home park by Millennium Housing; thanked staff for their help researching the proposal; and thanked Lt. Betzler for providing police services within the park. Council Action: Moved by Council Member Hart, seconded by Council Member Soto, and carried unanimously, 5-0, to adopt Resolution No. 06-05-02- 04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN ASSOCIATE MEMBERSHIP AGREEMENT WITH INDEPENDENT CITIES LEASE FINANCE AUTHORITY, A SUPPLEMENTAL REGULATORY AGREEMENT, AND AN ADMINISTRATION AND OVERSIGHT AGREEMENT WITH RESPECT TO THE SAN JUAN MOBILE ESTATES;" and Resolution No. 06-05-02-05 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ISSUANCE OF MOBILE HOME PARK REVENUE BONDS BY THE INDEPENDENT CITIES LEASE FINANCE AUTHORITY FOR THE SAN JUAN MOBILE ESTATES." RECESS AND RECONVENE Council recessed at 7:58 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 8:07 p.m. 6 5-2-2006 ADMINISTRATIVE ITEMS G1. CITY CLERK a. CERTIFICATION OF THE SIGNATURES ON THE REFERENDUM PETITION ENTITLED, "REFERENDUM AGAINST AN ORDINANCE PASSED BY THE CITY COUNCIL — RESOLUTION NO. 06-02-21-03," RECEIVED AND FILED (CAPISTRANO VALLEY GOLF, LP); RESOLUTION NO. 06-05-02-07 ADOPTED CALLING AN ELECTION TO SUBMIT A PORTION OF CITY COUNCIL RESOLUTION NO. 06-02-21-03 (RELATED TO THE SAN JUAN HILLS GOLF COURSE PROJECT) TO THE VOTERS ON NOVEMBER 7, 2006, INCLUDING REVISED BALLOT MEASURE LANGUAGE; RESOLUTION NO. 06-05-02-08 ADOPTED PROVIDING FOR FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES; RESOLUTION NO. 06-05-02-09 ADOPTED SETTING PRIORITIES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING A CITY MEASURE; AND RESOLUTION NO. 06- 05-02-10 ADOPTED REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTIONS. (630.20) Descri tion: A petition entitled "Referendum Against an Ordinance Passed by the City Council — Resolution No. 06-02-21-03," protesting a portion of Resolution No. 06-02-21-03, was filed with the City Clerk within the statutory time frame. The referendum is against a General Plan Amendment to the Capistrano Valley Golf, LP proposed development of senior housing, which was adopted by the City Council at their February 21, 2006, meeting. The Office of the City Clerk examined the petition and found it to be sufficient. A minimum of 1,773 signatures were required (10% of the registered voters) and the petitions contained 2,466 valid signatures. California Elections Code Section 9241 provides two alternative actions for the City Council to consider. 1) Council may submit the protested action to the voters at the next Regular General Municipal Election scheduled for November 7, 2006, or call a special election, or 2) Repeal the City Council's action against which the petition is filed. Staff recommended Council receive and file the City Clerk's Certificate as to Certification of the Signatures on the Referendum Petition; and either adopt a resolution submitting the protested City Council action to the voters at the November 7, 2006, election (or call for a special election); or adopt a resolution repealing the protested City Council action. Written Communications: Report dated May 2, 2006, by Meg Monahan, City Clerk. Supplemental Agenda Report dated May 2, 2006, by Meg Monahan, City Clerk. Letter dated April 28, 2006, from Linda Colley, City resident, in support of the project and ballot measure. 7 5-2-2006 Email dated April 30, 2006, from Maryann Tucker, City resident, requesting Council rescind the decision to allow open space rezone to high density residential. Letter dated May 1, 2006, from John Perry, City resident, supporting the project and ballot measure. Memo dated May 1, 2006, from Benjamin and Cheryl Trosky, City residents, urging Council to rescind the resolution. Email dated May 1, 2006, from Tom Costello, City resident, requesting the resolution be rescinded. Email dated May 1, 2006, from Yvonne Tschaikowsky, City resident, asking Council to repeal the General Plan Amendment. Email dated May 2, 2006, from Ronni Whitman, City resident, expressing support for the ballot measure for the November General Election. Presentation: Meg Monahan, City Clerk, summarized the staff report. Public Testimony: Mike Johnson, City resident, discussed problems in circulating the referendum petitions; questioned the financial integrity of the books; and asked Council to overturn their decision. Patricia Jones, City resident, supported the petition process. Yvonne Tschaikowsky, City resident, supported the petition process and requested repeal of council's action. Bertha Taylor, City resident, asked Council to rescind their approval of the General Plan Amendment and not spend money on an election. John Perry, City resident, supported the Golf Course proposal and scheduling an election to decide the issue. Phyllis Watson, City resident, requested repeal of the Council resolution approving the General Plan Amendment. Bob Ryan, City resident, supported the project and General Plan Amendment. John Ramirez, 611 Anton Blvd, County of Orange, attorney representing Capistrano Valley Golf, LP, supported placing the measure on the November 8 5-2-2006 ballot and requested the phrase "owned by San Juan Hills Golf Course" be inserted into the ballot measure question after the word "site." John Shaw, City Attorney, stated that he did not object to the inserted clause. Mark Nielsen, City resident, opposed adding additional phrasing to the ballot measure and supported repealing the City Council's resolution. Trevor Dale, City resident, urged Council to rescind their approval of the project. Roberto Brutocao, 32120 San Juan Creek Road, supported placing the matter on the ballot. Eva Crabbs, City resident, opposed the obstruction of signature gathering and felt the resolution should be repealed. Armondo Sontello, City resident, felt the project would be an improvement to the area and supported a ballot measure. Dick Schwartz, City resident, asked Council to repeal their resolution. Donna Fogt, City resident, opposed the Golf course project. Shelagh Hegarty, City resident, asked that the resolution be rescinded. Council Comments: Council Member Bathgate and Mayor pro tem Allevato supported the proposed enhancements to the golf course; however they remain opposed to the project due to the conversion of open space, traffic and congestion increases, lack of pressing need for senior housing, and long term negative effects. They supported police action against individuals who intimidated the referendum signature gatherers and agreed the resolution should be repealed. Council Member Hart, Council Member Soto, and Mayor Swerdlin reiterated their support for the project as they felt it is in the best interests of the City; condemned the intimidation of referendum signature gatherers; and supported the democratic process of putting the issue to a ballot, at the General Municipal Election on November 7, 2006, as a means to discover the voters' preference. They agreed to allow the ballot language revision suggested by the applicant's attorney and agreed to by the City Attorney. Council Actions: Moved by Council Member Hart, seconded by Council Member Soto, and carried unanimously, 5-0, to receive and file Certification of the signatures on the referendum petition entitled, "Referendum Against an Ordinance Passed by the City Council — Resolution No. 06-02-21-03." 9 5-2-2006 Moved by Council Member Soto, seconded by Council Member Hart, and carried 3-2, with Council Member Bathgate and Mayor pro tem Alievato opposed, to adopt Resolution No. 06-05-02-07 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006, FOR SUBMISSION OF THAT PORTION OF CITY COUNCIL RESOLUTION NO. 06- 02-21-03, APPROVING A GENERAL PLAN AMENDMENT CHANGING THE LAND USE DESIGNATION OF A 10.5 ACRE SITE ON SAN JUAN CREEK ROAD FROM OPEN SPACE RECREATION ("OSR") TO PLANNED COMMUNITY ("PC") AS A "SAN JUAN GOLF SENIOR HOUSING PLANNED COMMUNITY", TO THE VOTERS OF THE CITY," including revised ballot measure language, inserting the phrase "owned by San Juan Hills Golf Course" after the word "site" into the ballot measure question; adopt Resolution No. 06- 05-02-08, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS;" adopt Resolution No. 06-05-02-09, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE; and adopt Resolution No. 06- 05-02-10, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2006, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE." ROLL CALL AYES: COUNCIL MEMBERS: Hart, Soto, Mayor Swerdlin NOES: COUNCIL MEMBERS: Bathgate, Allevato ABSTAIN: COUNCIL MEMBERS: None G2. ADMINISTRATIVE SERVICES DIRECTOR a. $100,000 APPROPRIATED FROM GENERAL FUND RESERVES FOR THE BOYS AND GIRLS CLUB TEEN CENTER OPERATIONS. (330.20) Description: The Boys and Girls Club requested that $100,000 be appropriated this fiscal year and another $100,000 be funded in the next fiscal year to fund operations of the Teen Center. These are advances of the $200,000 allocated — toward the Teen Center in FY 2008109. Staff recommended Council appropriate $100,000 from General Fund reserves to Acct# 01-62185-4327 for the Boys & 10 5-2-2006 Girls Club Teen Center operations; and authorize the City Manager to enter into an agreement for the specific use of the funding prior to the release of funds. Written Communications: Report dated May 2, 2006, by Cindy Russell, Administrative Services Director. Presentations: Cindy Russell, Administrative Services Director, summarized the staff report. Council Action: Moved by Council Member Soto, seconded by Mayor Swerdlin, and carried unanimously, 5-0, to appropriate $100,000 from General Fund reserves to Acct# 01-62185-4327 for the Boys & Girls Club Teen Center operations; and authorize the City Manager to enter into an agreement for the specific use of the funding prior to the release of funds. ORDINANCES ORDINANCE NO. 914 AMENDING THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATED TO MEMBERSHIP OF THE HOUSING ADVISORY COMMITTEE, ADOPTED. (TITLE 2, SECTION 2-2.202) (110.10) Description: Second reading and adoption of the ordinance is required to amend the Municipal Code to reduce the number of Housing Authority Committee members from 7 to 5 members. Staff recommended Council approve second reading and adoption of the ordinance. Written Communications: Report dated May 2, 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 TITLE 2, SECTION 2-2.202 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATED TO MEMBERSHIP OF THE HOUSING ADVISORY COMMITTEE." Council Action: Moved by Council Member Hart, seconded by Council Member Soto, and carried unanimously, 5-0, to adopt Ordinance No. 914, amending the San Juan Capistrano Municipal Code related to membership of the Housing Advisory Committee COUNCILMANIC ITEMS - None 1 11 5-2-2006 ADJOURNMENT There being no further business, Mayor Swerdlin adjourned the meeting at 9:20 p.m. to Tuesday, May 16, 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 : June 2, 2006 ATTEST: . / YAVA 1. 9 .��N� M! 5M POR 12 5-2-2006