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08-0401_CC_Minutes_Regular Meeting4-1-2008 1 MINUTES APRIL 1, 2008 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: None BUSINESS SESSION Mayor Soto called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 6:31 p.m. in the City Council Chamber. Council Member Hribar led the Pledge of Allegiance and Mayor pro tem Nielsen gave the invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Dr. Londres Uso, Mayor pro tem Mark Nielsen and Mayor Joe Soto COUNCIL MEMBERS ABSENT: None STAFF PRESENT: Dave Adams, City Manager; Omar Sandoval, City Attorney; Cynthia L. Russell, Assistant City Manager; Meg Monahan, City Clerk; Karen Crocker, Community Services Director; Lt. Mike Betzler, Chief of Police; Grant Taylor, Assistant Planning Director; Alan Oswald, Senior Traffic Engineer; Sam Shoucair, Senior Engineer; Ziad Mazboudi, Senior Civil Engineer; Eric Bauman, Water Engineering Manager; and Eileen White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS Mayor Soto thanked all the volunteers, staff, nonprofit organizations and participants involved in the very successful Swallows’ Day Parade. His written report included a press conference at the Mission and welcome of the Return of the Swallow; a South Orange County Mayor’s breakfast, meeting at the City of Laguna Niguel; Quad cities chamber reception; Orange County Sheriff Department Medal of Valor ceremony; hosting duty for Cub Scout Troop 179 City Hall tour; Youth in Business Day luncheon; and participation in the 50th Annual Swallows’ Day Parade. Mayor pro tem Nielsen and Council Member Uso did not provide reports in an effort to expedite the meeting. Council Member Hribar announced a meeting with St. Margaret’s School concerning efforts to increase carpooling efforts; and sign committee meeting progress. Council Member Allevato reported attending the Orange County Sheriff’s Department Metal of Valor award; Orange County Fire Authority meetings that addressed equipment 4-1-2008 2 and staffing needs, which were met without increased costs; and Orange County Transportation Authority meetings regarding proposals to double track rail lines by tunneling under Los Rios District, connection of the 73 and 241 toll roads; and potential suspension of Federal funding for regional traffic improvements due to Coastal Commission denial of the 241 toll road extension. OPEN SPACE COMMITTEE REPORT Mayor pro tem Nielsen announced cancellation of the April Open Space Committee meeting to allow more subcommittee study; and the next meeting will be held Monday, May 12, 2008. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced the following upcoming communitywide events: Chamber networking events; City and SCORE sponsored marketing training; City Cup Golf Tournament; a Governmental Affairs meeting; and joint meeting of Transportation and Planning Commissions regarding the I-5/Ortega intersection improvements. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS 1. PRESENTATION BY SUPERVISOR PAT BATES REGARDING PROJECT TO RECEIVE STATE FUNDING RECEIVED. (610.40) Pat Bates, Orange County 5th District Supervisor, presented a Transportation Development Act Program grant awarded through the Orange County Transportation Authority for five city bus shelters, in the amount of $241,500. 2. FORMER HOUSING ADVISORY COMMITTEE MEMBER MARIE BUCKNER RECOGNIZED. (610.40) Meg Monahan, City Clerk, recognized Marie Buckner, Housing Advisory Committee member for her 11 years of service to the community; and Mayor Soto presented her with a plaque representing the Council’s appreciation for her service. 3. PRESENTATION BY ORANGE COUNTY FLOOD CONTROL DISTRICT (OCFCD) ON THE LEVEE PROTECTION PROJECT FOR CITY CREEK CHANNELS RECEIVED (610.40) Representatives from Orange County Flood Control District provided a presentation about a project that will repair and protect the levees at San Juan Creek and Trabuco Creek channels. 4-1-2008 3 4. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10) Mayor pro tem Nielsen introduced the following individuals in attendance: Joanne Marquez; Ron Denman and Gail Zukow, Parks, Recreation and Equestrian Commission; Bob Cardoza, Planning Commission; Laura Freese, Housing Advisory Committee; Les Blair, Council Liaison to the San Juan Seniors; and Michael Petro, Administrative Captain for Division 3, Orange County Fire Authority. ORAL COMMUNICATIONS Jim Vance, City resident, Capistrano Terrace Mobile Home Park, announced that 95% of resident surveys had been provided to ROP; and the formation of an ombudsman service for mobile home residents City-wide. Ken Friess, City resident, announced the Relay for Life event scheduled for July 26 and 27, 2008 and suggested general plan statements related to equestrian lifestyle. Joan Irvine Smith, City resident, announced the successful fundraising results of the annual Plein Air painting competition. Bob King, City resident, opposed additional widening of Ortega Highway, opposed connection of the 73 and 241 toll roads, and thanked Mayor pro tem Nielsen for recognizing park use as the preferred alternative for the land for the proposed Centra project. CONSENT CALENDAR Council Action: Moved Council Member Allevato, seconded by Council Member Hribar, and carried unanimously, 5-0, to approve items 1 through 5, 7, 10, and 12 through 15 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF MARCH 4, 2008, APPROVED AS SUBMITTED. 3. MINUTES OF THE ADJOURNED REGULAR MEETING OF MARCH 10, 2008, APPROVED AS SUBMITTED. 4. CLAIM OF JANE FOUCHE DENIED, BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY’S INSURANCE ADJUSTER, CARL WARREN & COMPANY. (170.70) 4-1-2008 4 5. SECOND AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH GARY VOGT AND ASSOCIATES, INCREASING THE TOTAL COST TO $31,500, IN ORDER TO COMPLETE THE EVALUATION OF THE CRYSTAL CATHEDRAL PROPERTY, APPROVED. ORANGE COUNTY ASSESSOR PARCEL 637-082-16, 17 AND 71. (GARY VOGT AND ASSOCIATES) (600.30) 6. CONSIDERATION OF A LICENSE AGREEMENT FOR THE KINOSHITA FARM WITHDRAWN FROM THE AGENDA BY STAFF. (SOUTH COAST FARMS) (600.30) 7. ACCOUNTS PAYABLE WARRANTS DATED MARCH 13, 2008, IN THE TOTAL AMOUNT OF $1,177,468.03; AND PAYROLL WARRANTS DATED MARCH 21, 2008, IN THE TOTAL AMOUNT OF $284,161.46, RECEIVED AND FILED. (300.30) 8. RESOLUTION NO. 08-04-01-01 ADOPTED APPROVING SUBMITTAL OF VERDUGO STREET IMPROVEMENTS FOR POTENTIAL FUNDING TO ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (CIP NO. R-12) CITY COUNCIL PRIORITY 15A (820.20) This item was removed from the Consent Calendar by Mayor pro tem Nielsen to ascertain that successful awarding of the grant will not obligate the City to do all the improvements as submitted. Dave Adams, City Manager, agreed to provide copies of grant applications with future submittals. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Uso and carried unanimously, 5-0, to adopt Resolution No. 08-04-01- 01, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF VERDUGO STREET IMPROVEMENTS PROJECT FOR TRANSPORTATION DEMAND MANAGEMENT (TDM) FUNDS UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM (ORANGE COUNTY TRANSPORTATION AUTHORITY).” 9. RESOLUTION NO. 08-04-01-02 ADOPTED AMENDING THE PUBLIC NOTIFICATION POLICY. CITY COUNCIL PRIORITY NO. 18B (150.10) This item was removed from the Consent Calendar by Council Member Hribar to request discussion of proportionality of signage at a future meeting. Council Action: Moved by Council Member Hribar, seconded by Council Member Uso and carried unanimously, 5-0, to adopt Resolution No. 08-04-01- 02 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A PUBLIC NOTIFICATION POLICY FOR DEVELOPMENT PROJECTS SUBJECT TO PUBLIC HEARING NOTICING; A PROJECT INFORMATION SITE SIGNAGE POLICY FOR 4-1-2008 5 CERTAIN DEVELOPMENT APPLICATIONS; AND RESCINDING RESOLUTION NO. 07-09-04-01;” and direct staff to return to Council with recommendation for further reducing costs associated with the existing public notification policy. 10. CLAIM OF RICHARD GARDNER DENIED, BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY’S INSURANCE ADJUSTER, CARL WARREN & COMPANY. (170.70) 11. NEW DEVELOPMENT APPLICATIONS STATUS REPORT RECEIVED AND FILED (440.10) This item was removed from the Consent Calendar by Council Member Hribar to request a future discussion of carport usage. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Uso and carried unanimously, 5-0, to receive and file New Development Applications Status Report, month ending March 15, 2008. 12. PUEBLO SERRA WORSHIP HOLDING RELIEVED FROM THE OBLIGATION OF ITEM 5 OF EXHIBIT A – TRAFFIC MITIGATION REQUIREMENTS – OF THE DEVELOPMENT AGREEMENT FOR J-SERRA HIGH SCHOOL SOUTH CAMPUS (PUEBLO SERRA WORSHIP HOLDINGS); AND STAFF AUTHORIZED TO RELEASE THE CORRESPONDING BOND. (PUEBLO SERRA WORSHIP HOLDINGS) (APN 649-011-25 & 649-011-30) (600.30) 13. TOLLING AGREEMENT WITH CHEVRON U.S.A., INC. APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT. (600.30) 14. FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH CAA PLANNING (CULBERTSON ADAMS AND ASSOCIATES) APPROVED, IN THE AMOUNT OF $7,300 FOR A TOTAL AGREEMENT PRICE OF $31,250, FOR BIOLOGICAL MONITORING SERVICES FOR THE SECOND YEAR OF MONITORING OF THE 760S RESERVOIR PROJECT; AND THE CITY MANAGER AUTHORIZED TO SIGN THE AGREEMENT. (600.30) 15. RESOLUTION NO. 08-04-01-03, ENTITLED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 94-12-6-5, THE CITY’S CLASSIFICATION AND COMPENSATION PLAN,” ADOPTED. (700.20) PUBLIC HEARINGS 1. CONSIDERATION OF CODE AMENDMENT (CA) 07-02, AMENDMENT TO THE MUNICIPAL CODE TITLE 9 LAND USE CODE AND DEFINITIONS INCLUDING SECTION 9-1.101 THROUGH 9-2.401 (GENERAL PROCEDURES 4-1-2008 6 – ADMINISTRATION), SECTION 9-4.101 THROUGH 9-4.405 (SUBDIVISIONS) AND APPENDIX A (DEFINITIONS) CONTINUED TO MAY 6, 2008. (420.30) Description: At its May 16, 2006, meeting, Council authorized staff to initiate Land Use Code revisions, which were subsequently recommended for approval by the Planning Commission. Council reviewed the proposed Code Amendment, and established a subcommittee for final review and recommendation. The subcommittee has completed review of the draft ordinance, which is being prepared by staff for final review by the City Attorney, and will be forwarded back to the City Council for their consideration. Staff recommended Council open the public hearing, accept public testimony, and by motion continue the item to the regular meeting of May 6, 2008. Written Communication: Report dated April 1, 2008, by Grant Taylor, Assistant Planning Director. Presentation: Grant Taylor, Assistant Planning Director, summarized the staff report. Mayor Soto opened the public hearing and the public hearing remained open as continued. Council Action: Moved by Council Member Allevato, seconded by Council Member Uso and carried unanimously, 5-0, to continue Consideration of Code Amendment (CA) 07-02, Amendment to the Municipal Code Title 9 Land Use Code and Definitions Including Section 9-1.101 through 9-2.401 (General Procedures – Administration), Section 9-4.101 through 9-4.405 (Subdivisions) and Appendix A (Definitions) to the regular meeting of May 6, 2008. 2. CONSIDERATION OF ARCHITECTURAL CONTROL (AC) 07-001, TENTATIVE PARCEL MAP (TPM) 07-002, GRADING PLAN MODIFICATION (GPM) 07-008, PARKING EXCEPTION, TREE REMOVAL PERMIT, FLOODPLAIN LAND USE PERMIT, LOT LINE ADJUSTMENT/EASEMENT, PUBLIC RIGHT-OF-WAY VACATION, LICENSE AGREEMENT, SHARED/JOINT USE PARKING AGREEMENT, COMMUNITY FACILITIES DISTRICT AND FINAL ENVIRONMENTAL IMPACT REPORT (LOCATED AT THE WEST TERMINUS OF CALLE ARROYO BORDERING INTERSTATE I-5 TO THE WEST AND SAN JUAN CREEK TO THE SOUTH) (CENTRA REALTY) (VENTANAS BUSINESS CENTER) CONTINUED TO MAY 6, 2008. (410.60/420.70/440.25/670.50/420.50/600.30) Description: The public hearing notice for this item was mailed in advance and April 1, 2008. The Planning Commission has not completed its review of the project, as anticipated. Staff recommended Council continue the hearing to April 15, 2008, when a complete report can be provided and the public will have an opportunity to provide testimony on the Planning Commission’s action. 4-1-2008 7 Written Communications: Report dated April 1, 2008, by Grant Taylor, Assistant Planning Director. Presentation: Grant Taylor, Assistant Planning Director, reviewed the staff recommendation. Mayor Soto opened the public hearing and it remained open as continued. Public Testimony: Ilse Byrnes, City resident, requested the hearing be continued to May 6, 2008, to allow for Parks, Recreation and Equestrian Commission review of the proposed trail. The Commission intends to conduct a site visit and review the staked trail to ensure proper location. Steve Sandland, Centra Realty Corporation, applicant, requested the hearing be conducted on April 15, 2008 due to project financing impacts. He indicated that the trail alignment is unchanged from the Parks, Recreation and Equestrian Commission previous review. The only change is a proposal to widen the trail from 10’ to 20’. Council Comment: Council Member Hribar preferred to continue the project to the meeting of April 15, 2008, and if necessary, continue it further to the May 6, 2008, meeting. The remaining Council Members concurred to continue the project to the May 6, 2008, meeting to accommodate the Parks, Recreation, and Equestrian Commission, and allow staff additional time to complete their report. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Uso, and carried 4-1-0, with Council Member Hribar opposed, to continue Consideration of Architectural Control (AC) 07-001, Tentative Parcel Map (TPM) 07-002, Grading Plan Modification (GPM) 07-008, Parking Exception, Tree Removal Permit, Floodplain Land Use Permit, Lot Line Adjustment/Easement, Public Right-of-Way Vacation, License Agreement, Shared/Joint Use Parking Agreement, Community Facilities District and Final Environmental Impact Report (Located at the West Terminus of Calle Arroyo Bordering Interstate I-5 to the West and San Juan Creek to the South) (Centra Realty) (Ventanas Business Center) to the regular meeting of May 6, 2008. ROLL CALL AYES: COUNCIL MEMBERS: Allevato, Nielsen, Uso, Mayor Soto NOES: COUNCIL MEMBERS: Hribar 4-1-2008 8 ABSTAIN: COUNCIL MEMBERS: None RECESS AND RECONVENE Council recessed at 8:13 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 8:14 p.m. ADMINISTRATIVE ITEMS G1. CITY ATTORNEY a. RESOLUTION NO. 08-04-01-04 ADOPTED WITH REVISION AFFIRMING AND CLARIFYING THE DECISION TO GRANT CONDITIONAL APPROVAL FOR THE INSTALLATION OF SPECIFIC SIGNS FOR THE MAMMOTH PROFESSIONAL BUILDING PROJECT (410.60) Mayor Soto recused himself from considering this item due to its close proximity to his residence and left Chambers. Mayor pro tem Nielsen took control of the meeting. Description: On December 4, 2007, Council adopted a resolution affirming its action on November 20, 2007, to approve a sign program with respect to a singular project, the Mammoth Equities Professional Building, with modifications to the mitigation measures contained in the Mitigated Negative Declaration. It was later determined that the modifications to the mitigation measures were not explicitly stated in the prior Council resolutions. Staff has prepared a resolution clarifying Council approvals and specifically addressing the modifications to the mitigation measures associated with the approvals. Staff recommended Council adopt a resolution affirming and clarifying the decision to grant conditional approval for the installation of specific signs for the Mammoth Professional Building project. Written Communications: Report dated April 1, 2008, by Omar Sandoval, City Attorney. Revised resolution dated April 1, 2008, by Omar Sandoval, City Attorney. Letter dated March 31, 2008, from Bob King, Save Our San Juan, suggesting language revisions to the staff report and resolution. Presentation: Omar Sandoval, City Attorney, summarized the staff report. Public Comment: Mark Rosen, attorney representing San Our San Juan, did not support the proposed resolution as it does not address the mitigation measures and initial 4-1-2008 9 study; the scope of the project environmental review should have been broader; finding should have included impacts; and no alternatives were studied. Bob King, City resident, representing Save Our San Juan, objected to Council discussion of the matter as it was premature and counterproductive to the City. Heather Riley, representing Mammoth Equities, 501 W. Broadway, 15th floor, San Diego, CA 92101, felt that California Environmental Quality Act regulations were upheld by the Council’s project decisions, and requested Council adopt the resolution as presented by staff. Council Action: Moved by Council Member Hribar, seconded by Council Member Uso and carried 4-0-1, with Mayor Soto abstaining, to adopt revised Resolution No. 08-04-01-04 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AFFIRMING AND CLARIFYING THE DECISION TO GRANT CONDITIONAL APPROVAL FOR THE INSTALLATION OF SPECIFIC SIGNS FOR THE MAMMOTH PROFESSIONAL BUILDING PROJECT (APN 650-01-32) (MAMMOTH EQUITIES).” ROLL CALL AYES: COUNCIL MEMBERS: Hribar, Nielsen, Uso, Allevato NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Mayor Soto Mayor Soto returned to Chambers and resumed control of the meeting. G2. PUBLIC WORKS DIRECTOR a. COUNCIL DIRECTION GIVEN CONCERNING 72 HOUR OPERATION OF DANCE HALL PRODUCTION WELL FOR AQUIFER TESTING RELATED TO METHYL TERTIARY BUTYL ETHER (MTBE) REMEDIATION. (530.25) Description: In March 2007 the Orange County Health Care Agency (OCHCA) notified the City that there had been a release of Methyl Tertiary Butyl Ether (MTBE) from Chevron gas stations at two sites, and identified Chevron as the responsible party for both releases. The Ground Water Recover Plant’s (GWRP) Dance Hall Well has been shut down for evaluation of treatment and remediation methods. Chevron is currently evaluating treatment and remediation of the MTBE plume by installing a Granulated Activated Carbon (GAC) well head treatment system at the Dance Hall well, and needs to run a 72 hour pump test in order to determine if the treatment will perform as expected. The City’s consultant on the issue, PSOMAS, agrees with the testing procedures and schedule as suggested 4-1-2008 10 by Chevron. Staff recommended Council 1) Accept Chevron’s proposal to temporally dispose of the pump test product water into the San Juan Creek, and direct staff to cooperate with Chevron in the permitting and implementation process; or 2) Accept Chevron’s proposal to temporally discharge the pump test product water into the headwater of the Groundwater Recovery Plan for treatment and distribution to the City’s water system; or 3) Deny both options and direct Chevron to find a means of treating the pump test product water to non- detect levels of MTBE prior to use by the Groundwater Recovery Plant for treatment and distribution to the City’s water system. Written Communications: Report dated April 1, 2008, by Eric Bauman, Water Engineering Manager. Presentations: Cindy Russell, Assistant City Manager, summarized the staff report. Karen Schmidt, representing Chevron, reviewed their efforts to approach all alternatives for 850 gallons per minute discharge through 72 hours of operation of the Dance Hall production well. She acknowledged difficulties with the proposal to discharge the water into San Juan Creek and ongoing efforts to ascertain whether sewer discharge would be both possible and permissible. She indicated that City application for permits may be required in certain cases. Michael Donovan, PSOMAS, consultant to the City, agreed with the various alternatives and operation as presented by Chevron. Public Comment: Richard Gardner, Capistrano Beach resident, suggested reverse osmosis, other filtration systems, and pumping at the Chevron stations to stop the spread of MTBE. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Uso and carried unanimously, 5-0, to approve in the following preferred order alternatives for pumping and disposal of pump test product water, as proposed by Chevron, based on approvals by outside agencies: 1) Disposal in the sanitary sewer; 2) disposal in the brine-line; 3) disposal in the storm sewer; or 4) pumping through the groundwater recovery plant including the blending of water with water from other pump stations. ORDINANCES 1. ORDINANCE NO. 937 AMENDING TITLE 9 OF THE MUNICIPAL CODE RELATED TO EQUESTRIAN STANDARDS AND KENNEL REGULATIONS ADOPTED. (CA 07-03) (420.30) 4-1-2008 11 Description: Staff recommended Council approve second reading and adoption of the ordinance amending Title 9 of the Municipal Code related to equestrian standards and kennels regulations, which will allow the ordinance to go into effect 30 days following Council’s action. Written Communications: Report dated April 1, 2008, by Meg Monahan, City Clerk. Meg Monahan, City Clerk, read the title of Ordinance No. 937, entitled, “AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT CA 07-03 RELATING TO SECTION 9-3.515 (EQUESTRIAN STANDARDS), SECTION 9-2.303(a) AND SECTION 9-3.525 (DOG APPEALS).” Council Action: Moved by Council Member Allevato, seconded by Council Member Uso and carried unanimously, 5-0, to adopt the ordinance amending Title 9 of the Municipal Code related to equestrian standards and kennels regulations. COUNCILMANIC ITEMS Council Member Hribar reported Edison’s project to lease two miles of solar roofing area for energy production. He recommended expediting the City’s proposed guidelines to increase solar efforts. ADJOURNMENT There being no further business, Mayor Soto adjourned the meeting at 8:59 p.m. to Tuesday, April 15, 2008, 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: May 6, 2008 ATTEST: __________________________________ JOE SOTO, MAYOR