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06-0516_CC_Minutes_Regular MeetingMINUTES MAY 16, 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 Soto 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; Maria Guevara, Deputy 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; Teri Delcamp, Historic Preservation Manager; Lynnette Adolphson, Management Analyst Il; and Eileen White, Recording Secretary ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Soto reported attendance at a Waste Management Commission Meeting and reported increased dumping fees at the landfill to meet recycling goals. He also attended a County Public Library Committee meeting at which a $36 million budget was approved. Council Member Bathgate reported attendance at a South Orange County Wastewater Authority meeting. Mayor pro tem Allevato reported meeting with Rancho Mission Viejo representatives, including Council Member Soto, to discuss the ranch development where it adjoins the City boundary; and he remarked on the May 13, 2006, Open Space tour. Mayor Swerdlin reported meeting with Rancho Mission Viejo representatives; attending a Transportation Corridor Agency meeting; and attending the JSerra High School Sports Facility opening. He also announced the Orange County Vector Control Vector of the Month, Midget Mosquitoes. 1 5-16-2006 NORTHWEST AREA STRATEGIES COMMITTEE REPORT Council Member Hart reported the Committee's May 13, 2006, City Open Space tour and announced the next regular meeting scheduled for June 5, 2006. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced upcoming communitywide events including the Youth Advisory Board members' attendance at the OC Teen Fest; the Swallows Inn Regional Chili Cook -off; a Capistrano Valley Symphony event; and Veterans of Foreign War Memorial Day ceremony. INTRODUCTIONS PRESENTATIONS AND DONATIONS FORMER TRANSPORTATION COMMISSIONER LAWRENCE KRAMER RECOGNIZED. (610.40) Maria Guevara, Deputy City Clerk, recognized Larry Kramer for his contributions as a Transportation Commissioner; and Mayor Swerdlin presented him with a plaque. 2. DROWNING PREVENTION MONTHS PROCLAIMED (610.40) Mayor Swerdlin proclaimed May 29 through September 4, 2006, as Drowning Prevention Months and presented the Proclamation to Orange County Fire Authority Battalion Chief Kris Conception. 3. SAN JUAN CREEK MAINTENANCE PRESENTATION PROVIDED BY ORANGE COUNTY FLOOD CONTROL DISTRICT REPRESENTATIVES. (610.40) Orange County Flood Control District representatives provided a slide presentation concerning the proposed repair of the San Juan Creek Watershed. 4. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10) Mayor pro tem Allevato introduced the following individuals in attendance: Jan Siegel and Don Tyron, Cultural Heritage Commission; Joann de Guevara and Maria Buckner, Housing Advisory Committee; Tony Bland, Former Mayor; and Mechelle Lawrence, Executive Director of the Mission San Juan Capistrano. ORAL COMMUNICATIONS Tony Bland, City resident, representing the American Cancer Society Relay for Life, encouraged community participation in the event and provided information. 2 5-16-2006 CONSENT CALENDAR Council Action: Moved by Council Member Hart, seconded by Council Member Soto, and carried unanimously, 5-0, to approve items 1 through 7 as recommended by staff. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE APRIL 18, 2006, MEETING APPROVED AS SUBMITTED. 3. RESOLUTION NO. 06-05-16-01 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING AMENDMENTS TO TITLE 9, LAND USE CODE (CA 04-01, TITLE 9, LAND USE CODE) REGARDING APPLICATION REVIEW PROCEDURES AND DEFINITIONS," APPROVED. (420.30) 4. PERSONAL SERVICES AGREEMENT WITH TRUGREEN LANDCARE FOR BALL FIELD MAINTENANCE, IN THE AMOUNT OF $134,946, FOR A THREE YEAR PERIOD, APPROVED. (600.30) 5. RESOLUTION NO. 06-05-16-02 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. 06-05-16- 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. (TRACTS 9284 (SEAVIEW), 9382 (BELFORD TERRACE), 8485 (MISSION SPRINGS), 7673 (MISSION WOODS), 9373/7654 (LOS CORRALES, AND CAPISTRANO ROYALE) (345.20) 1 ` 3 5-16-2006 6. ACCOUNTS PAYABLE WARRANTS DATED APRIL 27, 2006, IN THE AMOUNT OF $1,635,692.42; AND PAYROLL WARRANTS DATED APRIL 21, 2006, IN THE AMOUNT OF $253,447.24 AND MAY 5, 2006, IN THE AMOUNT OF $275,429.01, RECEIVED AND FILED. (300.30) 7. RESOLUTION NO. 06-05-16-04 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR STORM DRAIN PURPOSES (SADDLEBACK VALLEY CHRISTIAN SCHOOL; AC 99-05 & 00-09)", ADOPTED; AND THE CITY CLERK DIRECTED TO PROCESS RECORDING OF THE EASEMENT. (670.50) PUBLIC HEARINGS RESOLUTION NO. 06-05-16-05 ADOPTED DENYING PROPOSED TENTATIVE PARCEL MAP 05-154, TAVASSOL SUBDIVISION. (APN 675-341- 02) (420.70) Description: Jaffar Tavassol submitted a request for approval to subdivide an existing 2.65 acre parcel located in the McCracken Hill Neighborhood into three residential lots. The Planning Commission reviewed the project on April 11 and recommended the City Council adopt a resolution denying the proposed project based on findings that the project is inconsistent with the goals and policies of the General Plan Land Use Element and Community Design Element. Subdivision of the 2.65 acre parcel into three residential lots would result in a density of 1.13 dwelling units per acre, exceeding the maximum density of 1.0 dwelling units per acre allowed by the General Plan. The project is inconsistent with the Community Design Element because the information submitted by the applicant was insufficient to determine whether the project would comply with the Element's "Hillside Development" criteria. Staff recommended Council adopt a resolution denying the proposed project based on findings that the project is inconsistent with the goals and policies of the General Plan Land Use Element and Community Design Element. Written Communications: Report dated May 16, 2006, by William Ramsey, Principal Planner. Presentations: William Ramsey, Principal Planner, summarized the staff report. Mayor Swerdlin opened the public hearing. Jaffar Tavassol, City resident, presented his project proposal and requested approval based on the finding that the project would supply benefits to the 4 5-16-2006 community by providing sewer lines to eliminate the need for septic tanks that pollute neighboring yards. Public Testimony: Chuck Krolikowski, 895 Dove Street, Newport Beach, attorney representing Sean Sweeney (adjacent property owner), spoke in opposition to the project and felt the project density should be consistent with the General Plan. Vito Scarolo, City resident, supported the project as it will provide sewer service to the area. Richard Hill Adams, City resident, opposed the project as it would set a precedent and the proposed development would be on unstable slopes. Vasile Petean, Mission Viejo resident, supported the project as it will provide sewer service to the area. Sean Sweeney, City resident, opposed the project as it is inconsistent with the neighborhood development pattern and it will set precedent for future development of the slopes. Mayor Swerdlin closed the public hearing. Council Action: Moved by Council Member Hart, seconded by Council Member Soto, and unanimously carried, 5-0, to adopt Resolution No. 06-05-16- 05 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING A PROPOSED THREE (3) LOT TENTATIVE PARCEL MAP ON AN EXISTING 2.65 ACRE PARCEL LOCATED ON THE EAST SIDE OF FORSTER RANCH ROAD (ASSESSOR'S PARCEL NUMBER 675-341-02) (JAFFAR TAVASSOL) (TPM 05-154)." RECESS AND RECONVENE Council recessed at 9:00 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 9:04 p.m. 5 5-16-2006 z.. ADMINISTRATIVE ITEMS G1. CITY MANAGER a. WORKLOAD AND BUDGETARY PRIORITIES FOR FY 2006-07 APPROVED. (330.20) Description: Staff developed a Workload and Budgetary Priorities Schedule for FY 2006-07 and presented it for Council consideration at their regular meeting of March 7. Staff has revised the Schedule based on input received at the March 7 City Council meeting and recommended Council review the 2006-07 Budgetary Priority List; and provide input and direction. Written Communications: Report dated May 16, 2006, by William M. Huber, Assistant City Manager. Memorandum dated May 16, 2006, by William M. Huber, Assistant City Manager. Presentation: William M. Huber, Assistant City Manager, summarized the staff recommendation. Dave Adams, City Manager, advised that the Schedule was very ambitious with regards to the current staffing and workload situation; announced that staff will provide periodic updates on the status of projects; and advised staff will be bringing back cost estimates for potential approaches to provide information to the public regarding City projects. Council Comments: Mayor Swerdlin suggested staff consider upgrades such as enhanced landscaping, trees, and native plantings in City parks; revisit existing joint agreements and pursue a joint agreement with the new high school for pool use; and established that staff is reviewing several sources in their efforts to update software programs. Council Action: Moved by Council Member Hart, seconded by Council Member Soto and carried unanimously, 5-0, to approve the Workload and Budgetary Priorities for Fiscal Year 2006-07 as presented in the revised agenda item G1 -a. 6 5-16-2006 b. RESOLUTION NO. 06-05-16-07 ADOPTED SUPPORTING THE RENEWED MEASURE M TRANSPORTATION INVESTMENT PLAN. (820.25) Description: The Orange County Transportation Authority is working with all Orange County Cities and the County on the proposed extension of the Measure M program, which finances voter -approved freeway, road, and transit improvements throughout Orange County and is funded by a half -cent sales tax. Measure M expires in 2011 unless renewed by voters. Staff recommended Council adopt the resolution to support the Renewed Measure M Transportation Investment Plan. Written Communications: Report dated May 16, 2006, by William M. Huber, Assistant City Manager. Memorandum dated May 16, 2006, by William M. Huber, Assistant City Manager. Presentation: William M. Huber, Assistant City Manager, reviewed the staff recommendation. Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member Hart and carried unanimously, 5-0, to adopt Resolution No. 06-05-16- 07, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE RENEWED MEASURE M TRANSPORTATION INVESTMENT PLAN." G2. PUBLIC WORKS DIRECTOR a. PURCHASE OF PLAYGROUND EQUIPMENT FOR COOK DEL CAMPO PARK APPROVED. (CALLS ARROYO AT DEL CAMPO) (HEISLER LANDSCAPE GENERAL ENGINEERING, INC.) (370.30) Description: The playground equipment at Cook Dei Campo Park needs to be replaced due to its age and damaging vandalism. Staff received bids from Heisler Landscape General Engineering, Inc. in the amount of $34,950 and T.D. Grogen Construction, Inc., in the amount of $36,199. Staff recommended Council authorize the purchase of playground equipment for Cook Del Campo Park to Heisler Landscape General Engineering, Inc., in the amount of $34,950; and appropriate $45,000 from the Parks and Recreation fund. Written Communication: Report dated May 16, 2006, by Kathleen Springer, Acting Public Works Director. Presentation: David Adams, City Manager, reviewed the staff report. -�'u 7 5-16-2006 Public Comment: Linda Kirby, City resident, Mission Glen Homeowners Association president, supported the project. Council Comments: Council Members concurred with Council Member Soto's recommendation that staff address the drainage issues at the park and use earth tone materials for the play equipment. Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member Soto, and carried unanimously, 5-0, to authorize the purchase of play equipment for Cook Del Campo Park to Heisler Landscape General Engineering, Inc., in the amount of $34,950; and appropriate $45,000 from the Parks and Recreation fund, with drainage issues to be adequately addressed and the use of earth tones for the play equipment. G3. PLANNING DIRECTOR a. RESOLUTION NO. 06-05-96-06 ADOPTED MODIFYING THE CULTURAL HERITAGE COMMISSION'S APPROVAL OF AN AMENDMENT TO THE HISTORIC DEPICTION PROGRAM FOR ORTEGA RANCH BUSINESS PARK, WITH LANGUAGE REVISION. (ARCHITECTURAL CONTROL 04-02) (910.60) Description: A comprehensive Historic Depiction Program (HDP), approved by the Cultural Heritage Commission (CHC) for the Ortega Ranch Business Park project in July 2004, included improvements to the adjacent Old Mission Cemetery. The Planning Commission project approval required an additional off- site bronze plaque at the entrance to the Cemetery, which was approved by the CHC at their February 28, 2006, meeting. CHC member David Belardes filed an appeal challenging the specific text on the plaque; and discussion between staff, mission representatives, and CHC members has not resulted in a final resolution acceptable to the appellant. The appeal is before the City Council in accordance with the time frames specified in the Land Use Code. Staff recommended Council adopt a resolution modifying the CRC's action to approve staff's recommended text for the Amendment to the Historic Depiction Program for Ortega Ranch Business Park. Written Communications: Report dated May 16, 2006, by Teri Delcamp, Historic Preservation Manager. She advised that David Belardes, the appellant, was unable to attend tonight's meeting due to ill health. Presentation: Teri Delcamp, Historic Preservation Manager, summarized the staff report. 8 5-16-2006 ;" Public Comment: Michelle Lawrence, representing the Mission, supported the staff recommended text. Don Tryon, City resident, supported the staff alternative to the sign wording. Steve Sandland, Newport Beach resident, representing the applicant for the plaque, supported the staff recommended text. Council Comments: Council Members concurred with Mayor pro tem Allevato's suggestion to add the word "Catholic" in front of "Church" in the text. Council Action: Moved by Council Member Hart, seconded by Council Member Soto and carried unanimously, 5-0, to adopt Resolution No. 06-05-16- 06 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MODIFYING AN ACTION OF THE CULTURAL HERITAGE COMMISSION AND APPROVING AN AMENDMENT TO THE HISTORIC DEPICTION PROGRAM FOR ARCHITECTURAL CONTROL (AC) 04-02 (ORTEGA RANCH) (CENTRA REALTY CORPORATION)," adding the word "Catholic" before the word "Church" to the signage text. ORDINANCES COUNCILMANIC ITEMS 1. VACANCIES ON THE YOUTH ADVISORY BOARD DECLARED. (1110. 10) Description: Appointments to the Youth Advisory Board are made on an annual basis in June and the appointees take office in August. Government Code Section 54970 requires vacancies must be posted, then filled after a noticing period has passed. Staff recommended Council declare vacancies on the Youth Advisory Board; and direct the City Clerk to solicit applications to fill the vacancies, with applications due by June 9, 2006, at 4:30 p.m. Written Communication: Report dated May 16, 2006, by Meg Monahan, City Clerk. Presentation: Maria Guevara, Deputy City Clerk, summarized the staff report. 9 5-16-2006 Council Action: Moved by Council Member Soto, seconded by Council Member Hart, and carried unanimously, 5-0, to declare vacancies for (15) youth members and (2) adult advisor members for the Youth Advisory Board; and the City Clerk directed to solicit applications to fill the vacancies, with applications due by June 9, 2006, at 4:30 p.m. ADJOURNMENT There being no further business, Mayor Swerdlin adjourned the meeting at 9:41 p.m. to Tuesday, May 30, 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 subm ET R. MONAHAN, CITY CLERK : June 20, 2006 ATTEST: 17TAIN I bi LVA :e a 10 5-16-2006