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09-0721_CC_Minutes_Regular MeetingMINUTES July 21, 2009 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: None BUSINESS SESSION: Mayor Nielsen called the Regular Meeting of the City Council of the City of San Juan Capistrano at 7:10 p.m. in the City Council Chamber. Boy Scouts Josh and Brian Cosby from Troop 12 led the Pledge of Allegiance and Council Member Allevato gave the invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Laura Freese, Mayor pro tem Dr. Londres Uso and Mayor Nielsen COUNCIL MEMBERS/Dl RECTORS ABSENT: None Agenda items are presented in the originally agendized format for the benefit of the minutes' reader, but were not necessarily heard in that order. CITY COUNCIL COMMENTS & ORAL REPORTS: ■ Joint Powers Insurance Agency meeting. ■ 1111 Committee meeting regarding upcoming events. ■ Transportation Corridor Agency Board meeting. ■ Meeting with Strategic Retail Advisors. ■ Attendance at the Orange County Super Fair. ■ Retirement Barbeque for Orange County Fire Authority Chip Prather. ■ Update meeting regarding Distrito La Novia. ■ Mayor was thanked for sending letter to the Orange County Sheriff's department and Board of Supervisors opposing any financial increases in law enforcement services. ■ Orange County Fire Authority Meeting. ■ Meeting with representatives from Koll & JSerra. ■ Met with concerned residents regarding the process that allowed a Memorandum of Understanding between the City and an outside agency to go for a vote at that agency without the Council knowledge. ■ Upcoming meeting with Orange County Sheriffs and number of contract cities regarding budget issues. OPEN SPACE COMMITTEE REPORT: Derek Ostensen, City Consultant, provided an update on Measure M funding and present City opportunities. 07-21-2009 ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced the following upcoming communitywide events: ■ "Evening Network Mixer" hosted by the Chamber of Commerce. ■ "Coffee Chat" at Metro java. ■ "Downtown Farmer's Market" ■ "Shakespeare in the Park" & `The Tempest" performance in the Historic Town Center park. ■ "Summer Fiesta" at Tar Farms. ■ "Music Under the Stars" hosted by the Mission. ■ "Capo Valley Symphony' hosted by the Mission. ■ "Low Cost Vaccination Clinic" hosted by the City. ■ "Landscape Workshop" hosted by the City. ■ "Green Feast" hosted by the Ecology Center. INTRODUCTIONS AND PRESENTATIONS Mayor pro tem Uso introduced the following individuals in attendance: Les Blair, San Juan Senior Liaison; and Dan Runnestrand, Battalion Chief. ORAL COMMUNICATIONS Joan Irvine Smith, City resident, handed out a letter to the Council; spoke about the extension of the 241 toll road, and the Ortega Highway Widening project. CONSENT CALENDAR Council Action: Moved by Council Member Hribar, seconded by Council Member Allevato, and carried unanimously to approve consent calendar items 1, 3 through 5, 7 and 8 as recommended by staff. D1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. D2. CITY COUNCIL MINUTES — REGULAR MEETING OF JULY 7, 2009, APPROVED WITH REVISIONS. Council Action: Moved by Council Hribar and seconded by Council Member Allevato, and carried unanimously to approve the minutes with changes to page 10, 2nd Councilmanic item should read "Council Member Hribar requested to agendize Business Licenses fees for investment property owners who have adjoining parcels of land". D3. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF JULY 14, 2009, APPROVED. 07-21-2009 D4. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF JUNE 30, 2009, APPROVED. D5. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF JUNE 30, 2009 (JOINT WORKSHOP), APPROVED. D6. RESOLUTION NO. 09-07-21-01 ADOPTED APPROVING A FISCAL YEAR 2008-2009 GENERAL PLAN ANNUAL PROGRESS REPORT (430.40/480.30) Grant Taylor, Assistant Community Development Director, provided an agenda report and responded to questions. Council Action: Moved by Council Member Freese, seconded by Mayor pro tem Uso, and carried unanimously, to adopt RESOLUTION NO. 09-07-21-01 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ACCEPTING THE CITY'S FY 2008-2009 GENERAL PLAN ANNUAL PROGRESS REPORT"; and staff directed to forward to the Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD) as mandated by Government Code Section 65400. D7. RESOLUTION NO. 09-07-21-02 ADOPTED AUTHORIZING SUBMITTAL OF A GRANT APPLICATION FOR FUNDING UNDER THE 2009 HOME INVESTMENT PARTNERSHIP PROGRAM TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR A TOTAL OF $800,000 IN FUNDS FOR AN OWNER -OCCUPIED REHABILITATION PROGRAM; AND AUTHORIZING THE CITY MANGER, AND/OR THE ASSISTANT CITY MANAGER TO EXECUTE A STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE 2009 HOME INVESTMENT PARTNERSHIP PROGRAM; AND REVISIONS TO THE OWNER -OCCUPIED REHABILITATION GUIDELINES, APPROVED; AND ECONOMIC DEVELOPMENT MANAGER AUTHORIZED TO MAKE ADDITIONAL REVISIONS TO THE GUIDELINES AS NECESSARY TO SATISFY THE 2009 STATE -HOME PROGRAM APPLICATION REQUIREMENTS (430.40/480.30) D8. PLANS AND SPECIFICATIONS FOR THE CITY SEWER HYDRAULIC CAPACITY PROJECT NO. 2 (CIP NO. 07704), APPROVED; AND STAFF AUTHORIZED TO SOLICIT AND RECEIVE BIDS (600.30) PUBLIC HEARING: None RECESS AND RECONVENE Council recessed to convene to the San Juan Capistrano Community Redevelopment Agency and reconvened following the agency's business. 3 07-21-2009 ADMINISTRATIVE ITEMS: G7. PUBLIC WORKS DIRECTOR a. RESOLUTION NO. 09-07-27-03 ADOPTED PROHIBITING PARKING ON THE EAST SIDE OF ALIPAZ STREET FROM DEL OBISPO STREET NORTH TO ITS TERMINUS (570.20) Nasser Abbaszadeh, Public Works Director, provided an agenda report and responded to questions. Written Communication: ■ Mahan Ayazi, City resident, submitted an e-mail on July 20, 2009, in favor of the parking ban on Alipaz Street. Public Comment: ■ Kathleen Peterson, City resident, urged the Council to band parking on both sides of Alipaz Street. ■ Thea Foss, Rio Vista Homeowner Association, asked the Council to uphold the parking band on Alipaz Street for safety reasons. ■ Yvonne Murai, Old San Juan Homeowners Association, spoke in favor of the parking band for safety reasons and due financial burdens to the Association who has to keep replacing broken pipes and sprinkler heads as a result of the parking in their property. ■ Jim Haynie, City resident, spoke in support for the parking ban in Alipaz Street. ■ Tony Brown, City resident, urged the Council to ban parking on both sides of Alipaz Street and to bring back the Camino Capistrano parking restrictions. ■ Orrie Brown, City resident, spoke in favor of the parking ban for safety reasons. ■ Alvin Ehrig, City resident, spoke in favor of the parking ban and distributed pictures to the Council. ■ Julie Boyd, City resident, distributed pictures and a petition from Old San Juan Road residents requesting the Council to band parking on both sides of Alipaz Street. ■ Marsha Norman, City resident, spoke in favor of banning parking on both side of Alipaz Street; and would like to see the Camino Capistrano restrictions back in the Council's agenda. Council Comment: ■ Felt banning one side of the Alipaz Street still might not meet the requirements by the Orange County Fire Authority. ■ Preference in banning parking on both sides of Alipaz Street. ■ Support for only banning the east side and not the west side of Alipaz Street, but instead to widen the street by adding two feet of asphalt. 4 07-21-2049 1 Ll Council Action: Moved by Mayor pro tem Uso, seconded by Council Member Hribar, and carried unanimously to adopt RESOLUTION NO. 09-07-21-03 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RE-ESTABLISHING "NO PARKING ANYTIME" ZONE ON THE EAST SIDE OF ALIPAZ STREET FROM DEL OBISPO STREET NORTH TO ITS PUBLIC TERMINUS AND CONFIRMING THE RESCISSION OF RESOLUTION 09-03-03-07; and by Council consensus staff was directed to bring back to Council "no parking" on the west side of Alipaz for review. b. THREE YEAR PERSONAL SERVICES AGREEMENT WITH MERCHANT LANDSCAPE SERVICES, INC. FOR LANDSCAPE MAINTENANCE SERVICES, APPROVED (600.30) Nasser Abbaszadeh, Public Works Director, provided an agenda report and responded to questions. Council -Action: Moved by Council Member Hribar, seconded by Mayor pro tem Uso, and carried 4-0-1 with Council Member Allevato absent (stepped out of the Chamber) to approve a three year Personal Services Agreement with Merchants Landscape Services, Inc. for landscape maintenance services in the amount of $969,300.00 ($323,100.00) per year; City Manager authorized to execute the agreement; $61,700 appropriated from the General Fund account #01-83722- 64113-00000-000; $3,212 appropriated from Internal Service Fund Reserves account #81-83511-64113-00000-000; and $593 appropriated from Landscape Maintenance District Fund account #14-83721-64113-00000-000, from the Landscape Maintenance District Reserve Fund. ROLL CALL: AYES: COUNCIL MEMBER: NOES: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: G2. CITY MANAGER Hribar, Freese, Uso and Mayor Nielsen None Allevato (stepped out of the Chamber) a. INITIATION OF CODE AMENDMENT TO ESTABLISH LAND USE STANDARDS FOR BUSINESS WITH DRIVE -UP CONVENIENCE WINDOWS, APPROVED (420.301410.40) Douglas D. Dumhart, Economic Development Manager, provided a power point presentation and responded to questions. Written Communication: ■ Eric Altman, Chamber of Commerce, submitted a letter on July 20, 2009, encouraging the initiation of a code amendment for businesses with drive -up windows. 5 07-21-2009 Public Comment: Brett Wiles, Carl's Jr., spoke in support of a code amendment that would allow him to modernize or re -built in order to be able to renew their franchise agreement with Carl's Jr. ■ Larry Thomas, Chamber of Commerce, spoke in support of initiating a code amendment to allow drive thru restaurants to update their businesses. ■ Gila Jones, City resident, suggested that additional drive-thru restaurants not be permitted in the area of Del Obispo from Ortega Highway to Camino Capistrano. Council Comment: ■ Traffic in Del Obispo Street needs to be properly mitigated. ■ Opportunity to re -position the businesses along Del Obispo Street and eliminate a number of curb cuts. ■ Ortega Interchange project will improve traffic and will eliminate two (2) drive-thru restaurants in Del Obispo Street. ■ Suggestions to have drive-thru restaurant owners participate in a Code Amendment Committee. ■ Opportunity to have drive-thru restaurant to re -design to fit more into the character of the City; and improve economic development. ■ Preference in not having new drive-thru businesses. ■ Standards and appearance need to be of great importance in order to enhance the character of the community. ■ Drive-thru restaurants should not just be added in, but instead the City needs to know how to capture potential sales by geographically placing them throughout the City. ■ Applicant should not pay the whole amount for the Code Amendment. Council Action: Moved by Mayor Nielsen, seconded by Mayor pro tem Uso, and carried 4-1 with Council Member Hribar opposed, to approve the initiation of a code amendment to establish land use standards for businesses with drive -up convenience windows contingent upon receiving an application requesting a convenience window (not limited to just drive-thru restaurants) to help fund a portion of the code amendment costs; staff to bring back to Council a code amendment with land use standards in a format that only permits new drive -up restaurants at the complete discretion of the City Council. ROLL CALL: AYES: COUNCIL MEMBER: Allevato, Freese, Uso and Mayor Nielsen NOES: COUNCIL MEMBER: Hribar ABSENT: COUNCIL MEMBER: None 6 07-21-2009 1 b. MEMORANDUM OF UNDERSTANDING WITH RANCHO VIEJO ROAD PROPERTIES, LLC, APPROVED. (600.301670.50) Douglas D. Dumhart, Economic Development Manager, provided a power point presentation and responded to questions. Council Comment: ■ Make clear that there are zero entitlement commitments, and the City has full discretion over future development on the property. Council Action: Moved by Council Member Hribar, seconded by Mayor pro tem Uso, and carried unanimously, to approve A Memorandum of Understanding with Rancho Viejo Road Properties, LLC for the Grant Deed necessary to complete CIP No. 404 Rancho Viejo Road and Junipero Serra Road Intersection. ORDINANCES: 1. ORDINANCE NO. 960 SIGN REGULATION (420.301410.40) Maria Morris, Deputy City Clerk, provided an agenda report and read the title of the ordinance. Council Action: Moved by Council Member Freese, seconded by Council Member Allevato, and carried unanimously, to adopt Ordinance No. 960 entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 07-005 TO AMEND THE TITLE 9 OF THE LAND USE CODE, SECTION 9-3.543 REGULATING SIGNS" COUNCILMANIC ITEMS: 1. ANNUAL APPOINTMENTS TO THE YOUTH ADVISORY BOARD APPROVED. (110.20) Maria Morris, Acting City Clerk, provided a staff report. Council Action: Moved by Mayor pro tem Uso, seconded by Council Member Hribar, and carried unanimously, to approve appointments to the Youth Advisory Board, terms ending August 31, 2010, as follows: Annie Anderson, Kathleen Bell, Cari Copley, Sindy Garcia, Janelle Jenke, Tara Lanigan, Tyler Marano, Jose Monroy, Kimberly Rodriguez, Ryan St. Onge, Farida Valji; and Jennifer Friess and Gerald Muir, Adult Advisors. 07-21-2009 ADJOURNMENT: There being no further business, Mayor Nielsen adjourned the meeting at 9:56 p.m. back to Closed Session, and then to Tuesday, August 4, 2009 at 4:30 p.m. for Closed Session and 6:30 p.m. for the public Business Session, in the City Council Chambers, and then to August 5, 2009 at 3:00 p.m. for the Long Term Vision/Strategic Plan Workshop, ir� th City Council Chambers. RespectWsubmitted, MARIA Mblb, ACTING CITY CLERK Approved: August 4, 20091 ATTEST: �4 MARK , IELSEN, MA OR 8 07-21-2009