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07-1106_CC_Minutes_Regular Meeting11-06-2007 1 MINUTES NOVEMBER 6, 2007 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION Mayor Allevato called the Closed Session of the City Council of the City of San Juan Capistrano to order at 5:30 p.m. in the City Council Chamber. ROLL CALL COUNCIL MEMBERS PRESENT: Tom Hribar, Dr. Londres Uso, Mark Nielsen, Mayor pro tem Joe Soto, and Mayor Sam Allevato COUNCIL MEMBERS ABSENT: None STAFF PRESENT: Dave Adams, City Manager; John Shaw, City Attorney; Cynthia L. Russell, Assistant City Manager; Meg Monahan, City Clerk. CLOSED SESSION (610.85) A Closed Session was held for the following purposes, as authorized by statute: 1. Pursuant to Government Code section 54956.9, the City Council conferred with its legal counsel regarding the status of City of San Juan Capistrano v. City of Laguna Niguel, et al.” 2. Pursuant to Government Code Section 54956.8, the City Council conferred with its real property negotiator (City Manager) regarding a review of price and terms of potential acquisition of Assessor’s Parcels 637-082-71, 637-082-17, 637-082- 16 & 637-082-15 located generally adjacent to northerly portions of Camino Capistrano and West of the railroad tracks. The property owner is Crystal Cathedral Ministries. Mayor Allevato invited the public to provide comment. There was no public comment and the meeting was moved to Closed Session chambers. RECESS UNTIL 6:30 P.M. BUSINESS SESSION Mayor Allevato reconvened the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 6:35 p.m. in the City Council Chamber. Council Member Hribar led the Pledge of Allegiance; and Mayor pro tem Soto gave the invocation. 11-06-2007 2 ROLL CALL COUNCIL MEMBERS PRESENT: Tom Hribar, Dr. Londres Uso, Mark Nielsen, Mayor pro tem Joe Soto, and Mayor Sam Allevato COUNCIL MEMBERS ABSENT: None STAFF PRESENT: Dave Adams, City Manager; John Shaw, City Attorney; Meg Monahan, City Clerk, Cynthia L. Russell, Assistant City Manager; Douglas Dumhart, Economic Development Manager; Karen Crocker, Community Services Director; Lt. Mike Betzler, Chief of Police Services; Steven A. Apple, Planning Director; Eric Bauman, Water Engineering Manager; Michael Cantor, Senior Management Analyst; Grant Taylor, Assistant Planning Director; Ziad Mazboudi, Senior Civil Engineer; Eileen White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Uso announced that for the past two weeks he has been out of town attending his son’s wedding. Council Member Nielsen reported attending the Leadership Academy graduation; Economic Development meeting; a meeting with Habitat for Humanity representatives regarding fundraising status; Open Space Committee and associated subcommittee meetings; and a South Coast Medical Center Board meeting. He also reported meeting with the Vantanas Project developer, expressing concern with the project density. Council Member Hribar reported attending the San Juan Hills High School dedication; Open Space Committee meeting; Hogs for Dogs, CARE fundraiser; assisting with delivery of a donation of over 200 pumpkins for the Boys & Girls Club; a Vantanas project meeting; and the Marine Battalion 1/11 car wash fundraiser. Mayor pro tem Soto reported attending the San Juan Hills High School dedication; Habitat for Humanity reception; Verdugo Street enhancement project meeting; an open house at Family Classic Cars; the San Juan Capistrano Library “Day of the Dead” event; a San Juan Basin Authority Board meeting where the Authority approved an agreement to proceed with consultant services to study a proposed recharge facility on the City’s open space; and the Leadership Academy graduation. He wished Mayor Allevato a Happy Belated Birthday. Mayor Allevato reported attending the San Juan Hills High School dedication; Hogs for Dogs, CARE fundraiser; Mission San Juan Capistrano Vintage event; a ribbon cutting for the new Gifts and Accessories store; a meeting with Coast Keepers regarding the City’s extensive water quality programs; the Marine Battalion 1/11 car wash; and Leadership Academy graduation. He commended the efforts of the San Juan 11-06-2007 3 Equestrian Coalition, the Blenheim Oaks and other community stables for their dedication and hard work in assisting with housing over 750 horses evacuated due to the recent regional firestorms. OPEN SPACE COMMITTEE REPORT Council Member Nielsen, Chair of the Open Space Committee, reported the unanimous committee action to initiate polling to assess community interest in financially supporting the acquisition of more public open space. The Committee is also considering the need of participation by private organizations to support an open space acquisition ballot measure process. The next meeting is scheduled for December 3, 2007. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced the following upcoming communitywide events: Veterans Day celebration at the Historic Town Center Park; Chamber of Commerce breakfast and evening networking events; Youth Board canned food drive; and business seminars at the library. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS 1. LONG TERM EMPLOYEES FRANCIE KENNEDY AND DOUGLAS DUMHART RECOGNIZED. (730.90) Cynthia L. Russell, Assistant City Manager, recognized Francie Kennedy, Water Conservation Coordinator, for her 15 years of service to the City; and Douglas Dumhart, Economic Development Manager, for his 20 years of service to the City; and Mayor Allevato presented them each with Certificates of Appreciation. 2. MONIQUE F. REA, MARIE SYKES, DR. KEVIN RAFFERTY AND THE STUDENTS AND FAMILIES OF CHAPARRAL ELEMENTARY SCHOOL RECOGNIZED FOR THEIR CONTRIBUTIONS TO THE CITY’S 1/11 MARINE BOOK DRIVE. (610.40) Mayor Allevato recognized Monique F. Rea, Marie Sykes, Dr. Kevin Rafferty, and the students and families of Chaparral Elementary School for their contributions to the City’s 1/11 Marine Battalion Book Drive; and presented them with Certificates of Recognition. 3. 2007 COMMUNITY EMERGENCY RESPONSE TEAM (CERT) RECOGNIZED. (610.40) Michael Cantor, Senior Management Analyst, recognized the 2007 graduates of the Community Emergency Response Team training; and Mayor Allevato presented the graduates with Diplomas. 11-06-2007 4 4. JIM CURWOOD OF BUY MY BIKES RECOGNIZED FOR DONATIONS TO COMMUNITY EVENTS (610.40) Karen Crocker, Community Services Director, recognized Jim Curwood, owner of Buy My Bikes, for his commitment and generosity to the City’s community events; and Mayor Allevato presented him with a plaque recognizing his efforts. 5. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10) Mayor pro tem Soto recognized the following individuals in attendance: Gail Zukow and Ilse Byrnes, Parks, Recreation and Equestrian Commission; Gene Ratcliffe and Robert Cardoza, Planning Commission; Les Blair, Council Liaison to the San Juan Seniors; and Rick Robinson, Division Chief, Orange County Fire Authority. ORAL COMMUNICATIONS Joan Irvine Smith, City resident, inquired into the status of the Caltrans Ortega Widening Project environmental review. She also announced efforts to publish a book entitled “Saving California Treasures” featuring areas affected by the recent firestorms. Dave Adams, City Manager, reported the City is in contact with Caltrans on a weekly basis, but they have not announced their plans. Bob King, City resident, shared an anecdote about a Council with relationship issues. Joel Peshkin, City resident, suggested the City consider incentive-based fees for installation of photovoltaic roofs. CONSENT CALENDAR Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Uso, and carried unanimously, 5-0, to approve items 1 through 4, 7, 8, 9, 11, and 12 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF OCTOBER 2, 2007, APPROVED AS SUBMITTED. 3. ALL POSITIONS ON CITY COMMISSIONS AND COMMITTEES (NOT INCLUDING THE YOUTH ADVISORY BOARD) DECLARED VACANT AS OF JANUARY 31, 2008; AND THE CITY CLERK DIRECTED TO PREPARE AND POST APPROPRIATE NOTICES TO SOLICIT APPLICATIONS TO FILL THE POSITIONS. (110.20) 11-06-2007 5 4. RESOLUTION NO. 07-11-06-01 ENTITLED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE AGREEMENT FOR ACQUISITION OF REAL PROPERTY FOR THE VEREDA BIKEWAY UNDERCROSSING,” ADOPTED; THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT; AND THE CITY CLERK DIRECTED TO FORWARD THE AGREEMENT TO THE ORANGE COUNTY RECORDER’S OFFICE. (PLAZA DEL RIO) (VONS) (CIP NO. 124) (600.30) 5. AGE RESTRICTION FOR THE SEASONS SENIOR AFFORDABLE APARTMENT PHASE II COMPLEX RESCINDED. (SEASONS PHASE II) (APN 666-241-07) (CITY COUNCIL PRIORITY NO. 4A) (440.25) This item was removed from the Consent Calendar for public comment. Mike Mathewson, City resident, felt the project provided insufficient parking in an area that is already experiencing shortage of parking; and suggested the number of units be reduced to allow for additional parking spaces. Council Member Nielsen established that reduction in the number of units may jeopardize the tax credits already awarded to this project; and moved to approve the project with a restriction that 15% of units include lease provisions that exclude resident vehicular parking, on the condition the lease provisions meet the approval of the City’s affordable housing counsel. His motion died for lack of a second. Council Member Uso requested staff research the legality of conditioning similar projects with lease provisions that exclude resident vehicular parking for future reference. Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Soto and carried unanimously, 5-0, to rescind the City Council’s action of May 15, 2007, imposing an age restriction beginning at 62 years of age for residency at the Season’s Phase II Senior Affordable Apartment Complex; and 15% of units to include lease provisions that exclude resident vehicular parking, on the condition the lease provisions meet the approval of the City’s affordable housing counsel. 6. TOLLING AGREEMENT WITH MAMMOTH EQUITIES LLC APPROVED WITH REVISIONS. (600.30) This item was removed from the Consent Calendar to allow Mayor pro tem Soto to abstain. 11-06-2007 6 Council Action: Moved by Council Member Nielsen, seconded by Council Member Uso, and carried 4-0-1, with Mayor pro tem Soto abstaining, to approve Tolling Agreement with Mammoth Equities, LLC, to stay the running of a ninety day statute of limitations period with respect to the City Council’s August 21, 2007, denial of Mammoth’s previous application for 6 separate sign permits, with the statute of limitations period applicable to the matter revised to “extended to and including January 18, 2008.” ROLL CALL AYES: COUNCIL MEMBERS: Hribar, Nielsen, Uso, Mayor Allevato NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Soto 7. ACCOUNTS PAYABLE WARRANTS DATED OCTOBER 11, 2007, AND OCTOBER 25, 2007, IN THE TOTAL AMOUNT OF $4,352,910.86; AND PAYROLL WARRANTS DATED OCTOBER 19, 2007, IN THE TOTAL AMOUNT OF $279,178.08, RECEIVED AND FILED. (300.30) 8. REPORT OF INVESTMENTS, MONTH ENDING SEPTEMBER 30, 2007, RECEIVED AND FILED. (350.30) 9. CASH BALANCES BY FUND, SEPTEMBER 30, 2007, RECEIVED AND FILED. (330.50) 10. RESOLUTION NO. 07-11-06-02 ADOPTED WITH REVISIONS ACCEPTING IMPROVEMENTS AND RELEASE OF SURETY FOR J-SERRA HIGH SCHOOL SOUTH CAMPUS. (PUEBLO SERRA WORSHIP HOLDINGS) (APN 649-011-25 & 649-011-30) (600.30) This item was removed from the Consent Calendar by Council Member Nielsen to suggest language revision that would result in City Council approval of any other outstanding surety releases. Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar and carried unanimously, 5-0, to adopt Resolution No. 07-11-06- 02, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS WORK FOR J-SERRA HIGH SCHOOL SOUTH CAMPUS (PUEBLO SERRA WORSHIP HOLDINGS) (APN 649-011-25 & 649-011-30),” revised to remove SECTION 3; and authorize staff to release corresponding bonds. 11-06-2007 7 11. CHANGE ORDER NO. 1 FOR THE COOKS RESERVOIR REPLACEMENT PROJECT (CIP NO. 769), IN THE AMOUNT OF $24,375.11, APPROVED. (PACIFIC HYDROTECH CORPORATION, INC.) CITY COUNCIL PRIORITY NO. 24B (600.30) 12. NEW DEVELOPMENT APPLICATIONS STATUS REPORT, MONTH ENDING OCTOBER 15, 2007, RECEIVED AND FILED. (440.10) 13. ADDENDUM NO. 2 TO THE PERSONAL SERVICES AGREEMENT FOR THE RECYCLED WATER MASTER UPDATE PROGRAM ENVIRONMENTAL IMPACT REPORT APPROVED. (ENVIRONMENTAL SCIENCE ASSOCIATES) (CIP NO. 792) (600.30) This item was removed from the Consent Calendar by Council Member Nielsen to recommend that staff follow certain negotiating strategies when dealing with added costs/services concerning competitive bid projects. Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Soto and carried unanimously, 5-0, to approve Addendum No. 2 to the Personal Services Agreement with Environmental Science Associates, for an increase of $20,226 to the existing contract, for the conduct of a Section 106 – cultural resources field study and consultation. PUBLIC HEARINGS 1. CONSIDERATION OF CODE AMENDMENT (CA) 07-01 AMENDING THE SAN JUAN CAPISTRANO MUNICIPAL CODE (TITLE 9) SECTION 9-3.543, TABLE 3-42 PERTAINING TO THE PROCESS AND REGULATIONS FOR MONUMENT SIGNS, BUILDING MOUNTED SIGNS, VIEW CORRIDORS AND OFFICE PARKS CONTINUED TO DECEMBER 4, 2007. (410.60) Description: On May 9, 2007, Council adopted an interim urgency ordinance requiring Planning Commission review of all commercial and retail zoning districts’ sign applications, and on June 19, 2007, extended it to December 19, 2007, with direction that prepare an amended sign ordinance to address monument signs, building mounted signs, signs in office complexes, and signs in view corridors. Staff prepared amendments in accordance with the direction provided by the Planning Commission and Council, which were presented to the Planning Commission at their September 25 and October 9, 2007, meetings, and subsequently recommended for Council approval on a 3-2 vote. Staff and the Planning Commission agree that a comprehensive update to the sign code is in order, which will require a large amount of time and staff resources, and may entail the involvement of consultants and an ad-hoc committee, as well as input from the public and business community. Staff recommended Council adopt a Resolution certifying the Mitigated Negative Declaration related to adopting Code Amendment 07-01; approve first reading and introduction of an ordinance 11-06-2007 8 amending Municipal Code Title 9, Section 9-3.543 pertaining to the process and regulations for monument signs, building mounted signs, view corridors, and office parks; and direct staff to proceed with a comprehensive update to the sign code Section 9-3.543 in its entirety. Written Communications: Report dated November 6, 2007, by Grant Taylor, Assistant Planning Director. Presentation: Grant Taylor, Assistant Planning Director, reviewed the staff recommendation. Mayor Allevato opened the public hearing. Public Testimony: Laura Freese, City resident, Chamber of Commerce, Economic Development Committee, felt signs were needed as a marking tool and for the City’s economic health. She was concerned that the ordinance would not work in all situations and could create a barrier to business. She suggested an ad-hoc committee be formed to study the issue. Bob King, City resident, felt the view issues needed to be separated from sign issues. He felt the view corridors should be addressed on an emergency basis and he did not support staff discretionary approvals. Allen Edmiston, Loeb & Loeb, Los Angeles, representing Mammoth Equities, felt that the ordinance was unfair to local businesses in that it created unnecessary expense and burdens. With regard to legal issues, he felt the sign amendment was directed at Mammoth Equities; exceeded the City’s authority; featured vague and ambiguous language; and gave unbridled authority to the Planning Commission without adequate guidelines or standards. He requested a continuance of 90 days to allow additional community input. Jim Carter, City business owner, felt the sign ordinance unfairly reduced his signage in comparison with the tenants adjacent to him, and commented that signs facing the freeway need to be larger in order to be visible at higher speeds. Mayor Allevato closed the public hearing. Council Comments: Council Member Uso felt some provisions needed to be made for businesses that are hidden from view. He looked at this amendment as a temporary solution while the Council worked toward a fair and comprehensive ordinance. 11-06-2007 9 Council Member Hribar was concerned the proposed sign code did not adequately address issues related to scale and site specific circumstances. He felt Council Members needed more time to individually address sign concerns with staff and encouraged focus on requirements just for the Office Commercial zone. He felt the Council should work toward a consensus and suggested the redevelopment agency support sign programs for commercial areas in decline. Council Member Nielsen responded to Mr. Edminstron’s testimony, stating that the City has received recent sign applications in addition to Mammoth Equity’s that are in the Office-Commercial district that need to be addressed; there is significant public benefit in addressing matters of aesthetics, beauty and first impression of our community; and the Planning Commission will receive no more authority from the proposed code amendment than they already have. He suggested omission of requirements that tenant signage be limited to the wall exposure of the tenant entry and was concerned with a proliferation of signage on buildings with numerous tenants. Mayor Allevato was concerned that the proposed significant decrease in signage size would have a negative effect on new business owners. He would like to see examples of abuse, problem areas, specific suggestions for improvement, and ad hoc committee recommendations for tighter regulations before making a decision. In addition, he can’t support an ordinance that does not allow staff approval at the front counter as businesses should have access to signage guidance that eliminates the need for Planning Commission consideration and approval. Mayor pro tem Soto stressed the need for regulations that would result in balanced signage that was both business-friendly and did not create signage blight; commended staff and the Planning Commission for their efforts to date; and supported continuing this agenda item to allow staff time to address areas of concern, including overbearing restrictions to small business owners. Council Action: Moved by Council Member Hribar, seconded by Mayor Allevato and carried unanimously, 5-0, to continue the public hearing for Code Amendment (CA) 07-01 to the regular meeting of December 4, 2007, with staff directed to review and consider revisions to sign regulations for the Office- Commercial Zone. RECESS AND RECONVENE Council recessed at 9:35 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 9:50 p.m. 11-06-2007 10 ADMINISTRATIVE ITEMS G1. PLANNING DIRECTOR a. MAYOR’S SUBCOMMITTEE FORMED TO FURTHER STUDY POSSIBLE ALTERNATIVE DEVELOPMENT CONCEPT FOR A 158 ACRE AREA LOCATED AT THE SOUTHEAST CORNER OF SAN JUAN CREEK ROAD AND VALLE ROAD. (ADVANCED REAL ESTATE SERVICES) (DISTRITO LA NOVIA AND SAN JUAN MEADOWS) (TRACT 14343) (420.40) Description: Advanced Real Estate Services (ARES) has submitted a proposed development concept plan for the combined San Juan Meadows and Distrito La Novia sites that could potentially reduce the number of already approved dwelling units on the Meadows project, develop a commercial center, provide increased open space, offer potential equestrian facilities and close the old Forster Canyon Landfill to current standards. Staff recommended the Mayor appoint two Council Members to meet with staff and ARES to discuss their proposal and possible other alternative concepts for the Meadows and Distrito La Novia projects. Written Communications: Report dated November 6, 2007, by Steve Apple, Planning Director. Letter dated November 5, 2007, from Adam Maywhort, City resident, supporting responsible development of the subject site. Presentations: Steve Apple, Planning Director, summarized the staff report. Rob Cerruti, Advanced Real Estate Services, Lake Forest, provided an overview of the proposed project. As part of the concept plan, they are requesting a two year extension of the existing Development Agreement with TTM 14343 in order to retain that Agreement while the alternative concepts are considered, as well as allow for that development to proceed in the event the City chooses not to go forward with the alternative plan. Rick Julian, Advanced Real Estate Services, Lake Forest, requested meetings with a Council subcommittee to guide in the conceptual development of the project. Ray Poulter, Advanced Real Estate Services, Lake Forest, discussed time constraints involved in processing the Meadows project, including delays related to San Diego Regional Water Board response to their proposal, and other issues beyond the applicant’s control. 11-06-2007 11 Public Comment: Shelagh Hegarty, City resident, was opposed to the project density of 170 condominium units. Yvonne Tschaikowsky, City resident, was opposed to the project retail component as it would negatively impact downtown businesses and the density of the mixed uses. Carol Hein, City resident, opposed the project due to impacts on the equestrian community and the potential of locating housing within the floodplain. Gail Zukow, City resident, was concerned with the potential impact on the equestrian community, displacement of horses, and siting of homes in the floodplain. She asked that the San Juan Equestrian Coalition be involved. Trevor Dale, City resident, was concerned that the same developer was working to close the Capistrano Terrace Mobile Home Park, which would displace many units of affordable housing. Mike Mathewson, City resident, felt the City’s goal should be to lower the density of an already approved project, rather than transferring the density to other areas. Adam Mayhort, City resident, was concerned with the lack of uniform connection to open space. The management of open space needs to be planned into the project and the project needs more affordable housing. Sally Garibaldi, City resident, was concerned with the possible closure of the Capistrano Terrace Mobile Home Park and finding alternative housing for those displaced residents. She was concerned with the intent of the developer and any relationship to the mobile home park property. Renee Taylor, City resident, opposed the project as it would impact the residents of San Juan Hills. She suggested a revenue generating botanical garden. Council Comment: Council Members concurred to recommend the Mayor form a subcommittee to further study the developer’s proposal and report back to full Council within 120 days, with the expectation that the existing entitlement for the San Juan Meadows project can be extended for those 120 days. John Shaw, City Attorney, agreed to research whether it is legally appropriate to add on 120 days to the existing entitlement. 11-06-2007 12 Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried unanimously, 5-0, to recommend the Mayor form a subcommittee to further study the developer’s proposal and report back to the Council. ORDINANCES - None COUNCILMANIC ITEMS Mayor Allevato informed the Council of a New Year’s Eve event planned for the Oaks Blenheim facility. The event is expected to attract 10,000 to 15,000 people and feature 6 to 7 bands. He was concerned that traffic, noise, and alcohol related problems could not be mitigated and will be too burdensome on the community. He requested the Council consider issuing a public statement requesting the County deny the necessary permit that would allow this use. Council Member concurred to consider action opposing permitting of the project at the November 20, 2007, meeting. ADJOURNMENT There being no further business, Mayor Allevato adjourned the meeting at 11:05 p.m. to Monday, November 19, 2007 at 7:00 p.m. for a Workshop with the Parks, Recreation and Equestrian Commission in the City Council Chamber; and then to the regular meeting of Tuesday, November 20, 2007 at, at 5:30 p.m. for Closed Session and 6:30 p.m. for the Public Business Session in the City Council Chamber. Respectfully submitted, _________________________________ MARGARET R. MONAHAN, CITY CLERK Approved: December 4, 2007 ATTEST: __________________________________ MAYOR: