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08-0902_CC_Minutes_Regular Meeting1 MINUTES September 2, 2008 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING Mayor Soto called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 5:32 p.m. in the City Council Chamber. 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 PUBLIC COMMENT — CLOSED SESSION ITEMS: None CLOSED SESSION: A Closed Session was held for the following purposes, as authorized by statute: a. Pursuant to Government Code Section 54957, the City Council conducted a public employee performance evaluation of the City Clerk. BUSINESS SESSION Mayor Soto called the Business Session of the Regular City Council of the City of San Juan Capistrano to order at 6:40 pm in the City Council Chamber. Council Member Hribar led the Pledge of Allegiance and Council Member Allevato 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 Agenda items are presented in the originally agendized format for the benefit of the reader, but were not necessarily heard in that order. ANNOUNCEMENTS OF CLOSED SESSION ACTIONS: Omar Sandoval, City Attorney, announced that no reportable actions were taken during Closed Session. 1 09-02-2008 CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Hribar reminded Council to submit requests to the redevelopment subcommittee regarding beautification projects. Mayor Soto provided written documentation of his meetings including: Lunch with Supervisor Bates regarding county management restructuring; joint meeting with the Planning Commission; joint meeting with the Water Advisory Commission; and the Mayor's business walk at the Franciscan Plaza. OPEN SPACE COMMITTEE REPORT Mayor pro tem Nielsen announced: • October 4, 2008, 8:00 am for the Open Space Ridge Walk — the public is invited • Next Open Space Committee Meeting, Monday, October 6, 2008 ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST No announcements were made INTRODUCTIONS PRESENTATIONS AND DONATIONS DOTTIE CRAWFORD, ACCOUNTING SPECIALIST RECOGNIZED FOR 10 YEARS OF SERVICE (730.90) 2. MAYOR SOTO PROCLAIMED SEPTEMBER 17 THROUGH 23, 2008 CONSTITUTION WEEK (610.20) 3. COMMISSIONERS INTRODUCED AT THE MEETING (110.10) Mayor pro tem Nielsen introduced the following individuals in attendance: Bob Cardoza, Planning Commission; Erin Kutnick , Transportation Commission; Les Blair, Council Liaison to the San Juan Seniors; Ron Denman, Parks, Recreation and Equestrian Commission; Woodrow Carter, Superintendent of Capistrano Unified School District; Rick Robinson, Division Chief, Orange County Fire Authority; Tom Ressler, Principal, San Juan Hills High School; and Sue Palazzo, Capistrano Unified School District Trustee. ORAL COMMUNICATIONS Joan Irvine Smith, city resident, announced the upcoming Toll Road appeal hearing at the Del Mar Race Track; inquired into the Environmental Impact Report for the Ortega Highway Widening; and felt the city was setting precedent through its efforts to increase open space, support environmentally sound product controls and such. 2 09-02-2008 Tony Brown, city resident, supported E -Verify and asked that the city require city vendors and contractors to use the system to verify immigration status of employees. Council Member Uso invited Mr. Brown to attend an upcoming meeting of a subcommittee created to discuss such issues. Council Member Nielsen reported that E -Verify is no longer funded by the federal government and suggested he contact his congressman. Anthony Code, city resident, spoke regarding the Council's decision regarding the Steven's property. He objected to the action to change the zoning from residential to precise plan commercial and felt it impacted his family's safety due to the shared use of a driveway, and asked that the matter be placed on the agenda for discussion. Omar Sandoval, City Attorney, felt the Council had followed the public hearing process and the access is within Caltrans jurisdiction. Council Member Uso indicated that Council followed the recommendation of the Planning Department and felt any safety issues needed to be identified; Council Member Allevato also felt the city needed to look into any safety issues. Steven Apple, Community Development Director, informed the Council that he would speak with Caltrans. CONSENT CALENDAR Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Uso, and carried unanimously, 5-0, to approve items 1, 3, 5, 6 & 7 as recommended by staff. 1. MOTION TO READ ORDINANCE BY TITLE ONLY APPROVED 2. MINUTES OF THE AUGUST 19, 2008 REGULAR MEETING OF THE CITY COUNCIL APPROVED AS REVISED Council Action: Moved by Council Member Allevato, seconded by Council Member Hribar, and carried unanimously to approve the minutes of the City Council for the Regular Meeting of August 19, 2008, revised to on Page 6 to identify Anthony Rivera as the Chairman of the Juaneno Band of Mission Indians -- Acjachemen Nation. 3. ACCOUNTS PAYABLE WARRANTS DATED AUGUST 14, 2008 IN THE TOTAL AMOUNT OF $1,034,638.84; AND PAYROLL WARRANTS DATED AUGUST 22, 2008, IN THE TOTAL AMOUNT OF $299,899.00 RECEIVED AND FILED (300.30) 4. CASH BALANCES BY FUND — JULY 31, 2008, RECEIVED AND FILED (330.50) Council Member ascertained that staff will provide more information to Council as to the reason for the $2.6 million general fund reduction shown on the cash balances report. 09-02-2008 Council Action: Moved by Council Member Hribar, seconded by Council Member Hribar, and carried unanimously to receive and file the Cash Balances by Fund — July 31, 2008. 5. REPORT OF INVESTMENTS — MONTH ENDING JUNE 30, 2008, RECEIVED AND FILED; AND CITY CLERK DIRECTED TO FORWARD TO CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (330.30) 6. REPORT OF INVESTMENTS — MONTH ENDING JULY 31, 2008, RECEIVED AND FILED (350.30) 7. CASH BALANCES BY FUND — JUNE 30, 2008, RECEIVED AND FILED (330.50) PUBLIC HEARINGS 1. CODE AMENDMENT (CA) 08-001: CERTIFICATION OF A CATEGORICAL EXEMPTION AND INTRODUCTION OF AN ORDINANCE AMENDING SECTION 9-3.301 OF THE MUNICIPAL CODE — CONTINUED TO SEPTEMBER 16, 2008 (420.30) Justin Kirk, Assistant Planner, provided a staff report and noted some corrections to the proposed ordinance Mayor Soto opened the public hearing and invited testimony. No public testimony was provided. Council Discussion: • Possibility and potential impacts of removing single-family dwellings from the code amendment • Goal to return as closely to pre -2002 land use code to assist property owners with processing projects that fell within the former code Council Action: Moved by Council Member Uso, seconded by Council Member Nielsen, and carried 3-2 to continue the public hearing for Code Amendment (CA) 08-001 to September 16, 2008. ROLL CALL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS Allevato, Nielsen, and Mayor Soto Hribar, Uso None 2, VILLA MONTANA — GENERAL PLAN AMENDMENT (GPA) 06-001, REZONE (RZ) 06-01 DENIED (WOODBRIDGE DEVELOPMENT) (440.251460.20) 4 09-02-2008 Bill Ramsey, Principal Planner, reviewed the staff report and responded to questions. Written Communication • Correspondence — A. Woodrow Carter, Superintendent of Capistrano Unified School District (also presented orally under public testimony) Mayor Soto opened the public hearing and invited testimony. Public testimony Rocky Blumen, city resident, was opposed to an apartment use due to traffic and safety impacts + Phil Schwartze, representing the applicant, discussed a potential proposal for 80 apartment units, maximum, two-story building with on grade parking with an affordable housing component. + A. Woodrow Carter, Superintendent of Capistrano Unified School District, expressed concern with the potential rezone and general plan amendment Mayor Soto closed the public hearing. City Council discussion included: • Need to deny the general plan amendment application because there is no pending project • Concern with setting precedent • Need for affordable housing that project can bring • Potential impact on the adjacent high school Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Allevato, and carried 4-1 (No: Council Member Hribar) to deny General Plan Amendment (GPA) 06-001, Rezone (RZ) 06-01 — Villa Montana project. ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Allevato, Nielsen, Uso and Mayor Soto Hribar None 3. APPEAL OF PLANNING COMMISSION CONDITIONAL APPROVAL OF GRADING PLAN MODIFICATION 07-007 AND CONDITIONAL USE PERMIT 08-001 — WITHDRAWN BY APPELLANT (APN 124-671-40)(LES ETH) (31484 LA PAS ITA)(460.70) Steven Apple, Community Development Director provided a staff report. Council Action: No action taken — item withdrawn by appellant. 5 09-02-2008 4. CODE AMENDMENT 08-002, AMENDMENT TO SECTION 9-5.103(C) UPDATING THE IN -LIEU AFFORDABLE HOUSING FEES — CITY COUNCIL PRIORITY NO. 6A — CONTINUED TO NOVEMBER 4, 2008 (430.45) Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Allevato, and carried unanimously to continue consideration of Code Amendment 08-002 to November 4, 2008. RECESS AND RECONVENE Council recessed to convene the San Juan Capistrano Community Redevelopment Agency meeting and reconvened following the agency's business. ADMINISTRATIVE ITEMS G1. PUBLIC WORKS DIRECTOR a. CAMINO LAGOUAGUE TERMINUS — REMAIN OPEN FOR PEDESTRIAN ACCESS WITH MITIATION MEASURES COORDINATED WITH SAN JUAN HILLS HIGH SCHOOL (820.75) Council Member Uso recused himself from this item because his home is within 500 feet of the subject. He informed the Council that he would be speaking under public comments as a private citizen. Nasser Abbaszadeh, Public Works Director summarized the staff report, provided a PowerPoint presentation, and provided the following options for Council consideration: 1) Allow current status to remain and keep away vehicular access; 2) Direct staff to work with the high school to identify mitigation measures; and 3) install a fence to prohibit public access. Written Communication • E-mail: Tina Pelleriti, requesting re -opening of the trail from Lacouague to the high school • E-mail: Sal Scarantino, explaining impacts due to closed trail Public comment supporting opening the trail • Mike Mathewson, city resident • Dean Brums, city resident • Greg Wallace, city resident • Richard St. Onge • Mary St. Onge • Jeff Bhon, San Clemente resident • Dusty Otero, city resident • Marcie Frolov, city resident • Teresa Breithaupt, city resident 6 09-02-2008 • Sal Scarantino, city resident • Cathy Mueller, city resident • Marsha Brice, city resident Public comment requesting fencing of the trail and more public notification • Ann Fox, city resident • Eva Crabbs, city resident • Cheryl Uso, city resident • Dr. Londres Uso, city resident Public comment — other • Tom Ressler, Principal, San Juan Hills High School, provided input from School District City Council discussion included: • Fuel modification needs • Traffic impacts with closed access road • Need to students to learn and be trusted • Develop mitigation measures and monitoring • Enjoyment of open space • Need for school education for public conduct in open space, dangers of smoking, and potential fire hazard Council fiction: Moved by Mayor Soto, seconded by Council Member Allevato and carried 4-0-1 (recused: Council Member Uso) to allow the current status of the maintenance access road at the terminus of Camino Lagouague to remain and keep vehicular access away; and staff directed to work with the high school to identify mitigation measures for pedestrian access. ROLL CALL AYES: COUNCIL MEMBERS: Allevato, Hribar, Nielsen and Mayor Soto NOES: COUNCIL MEMBERS: None ABSTAIN/RECUSAL: COUNCIL MEMBERS: Uso b. RESOLUTION NO. 08-09-02-01 ADOPTED MODIFYING PARKING PERMIT PROGRAM ON COUNTRY HILLS ROAD AND WILDWOOD LAND (ZONE X) (570.70) Mayor Soto recused himself from this item due to the proximity to his residence and left the Council Chamber with Mayor pro tem Nielsen presiding. Alan Oswald, Senior Traffic Engineer, summarized the staff report. 7 09-02-2008 Public Comment: • Randy Dunlevie, city resident, supported the proposal due to issues with forged parking permits. City Council discussion included: • Solution provides easy way to identify forged permits Council Action: Moved by Council Member Allevato, seconded by Council Member Hribar and carried 4-0-1 (Recused: Mayor Soto) to adopt Resolution No. 08-09-02-01 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MODIFYING THE 'NO STOPPING EXCEPT BY PERMIT ON SCHOOL DAYS ON COUNTRY HILLS ROAD AN WILDWOOD LANE."' ROLL CALL AYES: COUNCIL MEMBERS: Allevato, Hribar, Uso, and Mayor pro tem Nielsen NOES: COUNCIL MEMBERS: None ABSTAIN/RECUSAL: COUNCIL MEMBERS: Mayor Soto ORDINANCES: 1. ORDINANCE NO. 941 ADOPTED PERTAINING TO WATER CONSERVATION — ESTABLISHES TITLE 12 OF TITLE 6 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE (1050.90) Meg Monahan, City Clerk, read the title of the Ordinance. Written Communication: • E-mail: Sally Bumbulis, city resident, requesting moratorium on development in lieu of water ordinance. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Uso, and carried unanimously to adopt Ordinance No. 941 entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING CHAPTER 12, OF TITLE 6 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO WATER CONSERVATION." COUNCILMANIC ITEMS: None 09-02-2008 ADJOURNMENT There being no further business, Mayor Soto adjourned the meeting at 10:19 p.m. to Tuesday, September 16, 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 sub AR ARET R. MONAHAN, CITY CLERK Septembiq�r-16, 2008 I MIN • • 0074ITJMT-91M 1 1 9 09-02-2008 NOTICE OF A CONTINUED PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano, California, continued the following Public Hearing Consideration of Code Amendment (CA) 08-001: An Amendment to the City's Land Use Code to Reestablished the Planned Residential Development District (PRD) within Section 9-3.301 Residential Districts, with Two Additions to the Planned Residential Development (PRD) Standards (420.30) September 16, 2008 at 5:30 p.m., in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. DATED: September 3, 2008 Marg*et I . Monahan, City Clerk 1 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO SS AFFIDAVIT OF POSTING I, MARGARET R. MONAHAN, City Clerk of the City of San Juan Capistrano, do hereby declare that the above Notice was posted at or near the door of the City Council chamber on September 3, 3008 within 24 hours of adjournment of the above-named meeting. I declare under penalty, of perjury that the foregoing is true and correct. arot R. Monahan, City Clerk 1 1 1 NOTICE OF A CONTINUED PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano, California, continued the following Public Hearing Consideration of Code Amendment 08-002, an Amendment to Section 9-5.103(c) Updating the In -Lieu Affordable Housing Fees (Council Priority No. 6A)(430.45) November 4, 2008 at 5:30 p.m., in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. DATED: September 3, 2008 Monahan, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SAN JUAN CAPISTRANO ) SS AFFIDAVIT OF POSTING I, MARGARET R. MONAHAN, City Clerk of the City of San Juan Capistrano, do hereby declare that the above Notice was posted at or near the door of the City Council chamber on September 3, 3008 within 24 hours of adjournment of the above-named meeting. I declare under penalty of perjury that the foregoing is true and correct.