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03-0121_CC_Minutes_Regular MeetingMINUTES January 21, 2003 SAN JUAN CAPISTRANO CITY COUNCIL CLOSED SESSION (610.85) - 5:30 P.M. A Closed Session was held for the following purposes, as authorized by statute: 1. Pursuant to Government Code section 54956.8, the City Council conferred with it real property negotiator (City Manager) regarding the lease terms of that property commonly known as Kinoshita Farms, located at 32701 Alipaz Street. The negotiator for the lessee of the subject property is George Kibby. 2. Pursuant to Government Code section 54956.9, the City Council conferred with its legal counsel regarding the status of Curtis, et al. v. City of San Juan Capistrano, et al. RECESS UNTIL 7:00 P.M. BUSINESS SESSION Mayor Gelff called the Regular Meeting of the City Council of the City of San Juan Capistrano, California, to order at 7:00 p.m. in the City Council Chamber. Council Member Hart led the Pledge of Allegiance to the Flag. Council Member Swerdlin gave the Invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Wyatt Hart, Diane Bathgate, David M. Swerdlin, Mayor pro tem Joe Soto, and Mayor John S. Gelff. COUNCIL MEMBERS ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Julia Silva, Assistant City Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell, Administrative Services Director; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and Building Director; Amy Amirani, Public Works Director; Al King, Jr., Community Services Director; Lt. J.B. Davis, Chief of Police Services; and, Dawn Schanderl, Deputy City Clerk. ANNOUNCEMENT OF CLOSED SESSION - No action taken City Council Minutes 1 1-21-03 INTRODUCTIONS, PRESENTATION AND DONATIONS 1. BARWICK AUTOMOTIVE GROUP, CAPISTRANO FORD, FAMILY TOYOTA, CAPISTRANO VOLKSWAGEN, SATURN OF SAN JUAN CAPISTRANO, WESELOH & SONS CHEVROLET, WESELOH HONDA AND SOUTH COAST JAGUAR RECOGNIZED FOR MAJOR CONTRIBUTIONS TO THE COMMUNITY AS TOP SALES TAX REVENUE GENERATORS (610.40) Due to their major contributions to the City as top sales tax generators, Mayor Gelff thanked the following automotive dealerships: Al Parajeckas, President, Barwick Automotive Group; Brian Beeman, General Manager, Capistrano Ford; Jim Baer, Sales Manager, Family Toyota; Miles Brandon, Owner, Capistrano Volkswagen; Raymond Herrera, General Manager, Saturn of San Juan Capistrano; Bob Wilson, General Manager, South Coast Jaguar; and, Dale McAtee, General Manager of Weseloh Honda, representing Weseloh Chevrolet & Honda. 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Soto introduced the following persons in attendance: Tori Haidinger, Parks, Recreation and Equestrian Commission; Les Blair, Council Liaison to the ASAP Seniors; Gil Jones, former Mayor; and, Brad Gates, former Orange County Sheriff. ORAL COMMUNICATIONS: (CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCY): Eric Overton, City resident, volunteer, working to find replacement services for the downtown Boys & Girls Club facility that recently closed. He requested to be included in the downtown planning effort. Mike Rice, City resident, asked for assistance with lack of street parking in front of his business. George Scarborough, City Manager, indicated that staff would follow up and meet with Mr. Rice to find solutions. Anne Fox, City resident, expressed concern about potential safety hazards associated with the horse crossing at the La Novia bridge. William Huber, Director of Engineering & Building, indicated that he would follow up concerning the situation. City Council Minutes 2 1-21-03 CONSENT CALENDAR Council Action: Moved by Council Member Hart, seconded by Council Member Bathgate and carried unanimously, 5-0, to approve items 1 through 5 and 7 as recommended by Staff. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. STATUS OF NEW DEVELOPMENT APPLICATION RECEIVED AND FILED. (440.10) 3. WARRANTS DATED JANUARY 2, 2003, IN THE AMOUNT OF $232,884.90, RECEIVED AND FILED. (300.30) 4. RESOLUTION NO. 03-01-21-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING CERTAIN FLEET INVENTORY AS SURPLUS." (380.50) 5. RESOLUTION NO. 03-01-21-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE SUBMITTAL OF FIVE IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM." (820.25) 6. AMENDMENT NO.5 APPROVED TO THE COOPERATIVE AGREEMENT NO. C- 95-989, COMBINED TRANSPORTATION FUNDING PROGRAMS MASTER FUNDING AGREEMENT BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SAN JUAN CAPISTRANO (OCTA) (600.50) Project Description: At their meeting of August 1, 1995, the City Council adopted Resolution No. 95-8-1-3 approving the Cooperative Agreement No. C-95-989 with the Orange County Transportation Authority (OCTA). Staff recommends approving Amendment No. 5 which revises the project allocation exhibit attached to the staff report. Approval of Amendment No. 5 will maintain the City's eligibility to receive Measure M funds and Bicycle/Pedestrian Facilities funds in a timely manner. Written Communications: Report dated January 21, 2003, from William M. Huber, Director of Engineering & Building. Council Comments: Mayor Gelff ascertained that if projects were not listed as part of the amendment the City would not be able to received Measure M Funding. City Council Minutes 3 1-21-03 Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Soto and carried unanimously, 5-0, to approve Amendment No. 5 to the Cooperative Agreement No. C-95-989, Combined Transportation Funding Programs Master Funding Agreement between Orange County Transportation Authority and the City of San Juan Capistrano. 7. CLAIM BY ELVIRACOMPEAN DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY. (170.10) PUBLIC HEARINGS: RESOLUTION NO. 03-01-21-03 ADOPTED APPROVING A NEGATIVE DECLARATION AND AMENDMENT TO LOS RIOS SPECIFIC PLAN; AND, RESOLUTION NO. 03-01-21-04 ADOPTED APPROVING A MODIFICATION TO ACCESSORY USE PERMIT 96-01 FOR THE RAMOS HOUSE CAFE LOCATED AT 31752 LOS RIOS STREET (REZONE 02-06) (460.201400.301410150) Project Description: John Humphreys, owner and operator of the Ramos House Cafe, requested (1) an increase from 12 to 13 permitted private evening events previously conditioned underAccessory User Permit 96-1; (2) extended closing time for these events from 8:30 p.m. to 9:30 p.m.; and, (3) approval to conduct unlimited "fund-raising events." Staff recommends approving one additional private evening event and extend the closing hour from 8:30 to 9:30 p.m.; and, limit charitable fund raising events to four (4) per year for non-profit organizations. Written Communications: Reportdated January 21, 2003, from Thomas Tomlinson, Director of Planning. Presentation: Thomas Tomlinson, Director of Planning, reviewed the staff recommendation. Mayor Gelff opened the public hearing and there being no public comment, closed the public hearing. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart and carried unanimously, 5-0, to adopt Resolution No. 03-01-21-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT TO THE LOS RIOS SPECIFIC PLAN "HR" (HISTORIC RESIDENTIAL) ZONE DISTRICT REGULATIONS (HUMPHREYSIRAMOS HOUSE CAFE);" AND, Resolution No. 03-01-21-04 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A MODIFICATION TO City Council Minutes 4 1-21-03 ACCESSORY USE PERMIT 96-01 FOR THE RAMOS HOUSE CAFE LOCATED AT 31752 LOS RIOS STREET, LOCATED IN THE HISTORIC RESIDENTIAL ZONE DISTRICT OF THE LOS RIOS SPECIFIC PLAN (HUMPHREYSIRAMOS HOUSE CAFE)." RECESS AND RECONVENE Council recessed at 7:23 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 7:46 p.m. ADMINISTRATIVE ITEMS H1. CITY MANAGER a. CONCEPT ALTERNATIVE APPROVED FOR A STAGE AT HISTORIC TOWN CENTER PARK; CONSTRUCTION LICENSE AGREEMENT APPROVED; AND, PROPOSED ALTERNATIVE CONCEPT DIRECTED WITHOUT FURTHER REVIEW (600.30) Project Description: The City received a generous offer from an anonymous donor to fund a stage at the Historic Town Center Park. In addition, Mr. Michael Imlay, resident and landscape architect, volunteered his professional services to create the design concept. Designs include a trellis alternative and the recommended design that incorporates a 30' long back drop wall. Staff recommends approving the proposed concept alternative, the construction license agreement and direct the construction of the proposed alternative concept without further review. Written Communication: Report dated January 21, 2003, from Mechelle Lawrence, Economic Development Manager. Presentation: Mechelle Lawrence, Economic Development Manager, reviewed the staff recommendation. Mr. Michael Imlay, landscape architect, presented a brief overview of the stage design. Council Comment: Mayor pro tem Soto ascertained that lighting features would be functional in nature and not overwhelming. Mayor Gelff and Council Member Bathgate thanked staff and Mr. Imlay for donating his time to work on the project. City Council Minutes 5 1-21-03 Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto and carried unanimously, 5-0, to approve the proposed concept alternative for a stage at the Historic Town Center Park; approve Construction License Agreement, and authorize the City Manager to execute the agreement; and, construction of the proposed alternative concept directed without further review. H2. ENGINEERING & BUILDING DIRECTOR a. INSTALLATION OF TWO SPEED BUMPS APPROVED ON DANA MESA DRIVE BETWEEN DEL OBISPO STREET AND CARRETERRA DRIVE (590.50) Project Description: Residents on Dana Mesa Drive submitted a petition requesting the City install speed bumps on Dana Mesa Drive between Del Obispo Street and Carreterra Drive. Staff studied the locations and recommends approving the speed bump request. Written Communication: Report dated January 21, 2003, from William M. Huber, Director of Engineering & Building: Letters (2) dated January 17, 2003, from Tam Nguyen, City resident, opposing speed bumps; Voice mail, received January 19, 2003, from Theresa Sheridan & Sam Friedman, City residents, opposing speed bumps; E-mail, received January 20, 2003, from Cheryl Kaysen, City resident, opposing speed bumps. Presentation: William M. Huber, Director of Engineering & Building, reviewed the staff recommendation. Public Comment: Gregory A. Pasqua, Kelly Cazel, Claues Rosdank and Denny Arsenault, City residents, expressed support for speed bumps. John Marsden, Rod Hopkin, Nash Elliot, Tam Nguyen, Jennifer Terry and Richard Stowe, City residents, expressed opposition to the installation of speed bumps. Council Comment: Council Members discussed various alternatives to reduce speed. The majority favored first installing (2) speed bumps spaced 300 to 400 feet apart, with installation of Stop signs at the intersection of Dana Mesa Drive and Deadwood Drive needed. Mayor Gelff did not support installation of speed bumps, but felt that stop signs could be effective in slowing traffic. City Council Minutes 6 1-21-03 Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Swerdlin and carried,4-1, to approve the installation of (2) speed bumps, one (1) on Dana Mesa Drive between Del Obispo Street and Deadwood Drive and one (1) between Deadwood Drive and Carreterra Drive; and, staff to monitor traffic for 90 days after installation and report back to the City Council. ROLL CALL AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin and Mayor pro tem Soto NOES: COUNCIL MEMBERS: Mayor Gelff b. RESOLUTION NO. 03-01-21-05 ADOPTED INITIATING ABANDONMENT PROCEEDINGS OF A STREET EASEMENT AT 31825 LOS RIOS STREET (ITO) (670.50) Project Description: Mr. And Mrs. Douglas Ito requested the City abandon a Street and Highway Easement within their property. The easement is located within a narrow strip of their property which extends between the Jones Mini Farm and the O'Neill Museum. Staff reviewed the proposal and believes that it is important that a certain portion of the existing easement be retained by the City. Staff recommends denying the vacation process for the entire easement area. Written Communication: Report dated January 21, 2003, from William M. Huber, Director of Engineering and Building. Letterdated January 10, 2003, from David R. Baade, attorneyfor Douglas & Sheree Ito, supporting abandonment of entire street and highway easement. A packet of correspondence, received January 17, 2003, from Gil Jones, City resident. Presentation: William M. Huber, Directorof Engineering and Building, reviewed the staff recommendation. Public Comment: David R. Baade, Attorney representing the Ito family, requested that abandonment proceedings be initiated. Council Comment: Council Member Hart stated easement was not used for the purpose intended and should be returned to the Itos. City Council Minutes 7 1-21-03 Council Member Bathgate stated proposed fence in the middle of River Street would be an inconsistent use and street should be maintained as a Historic street but supported a portion of the easement be returned to the Itos. Council Member Swerdlin supported initiating the abandonment proceedings. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart and carried unanimously, 5-0, to adopt Resolution No. 03-01-21-05 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ABANDONMENT OF A STREET AND HIGHWAY EASEMENT FOR LOS RIOS STREET WITHIN ASSESSOR'S PARCEL NUMBER 121-160-28 (DOUGLAS ITO TRUST)." H3. PUBLIC WORKS DIRECTOR a. CONSIDERATION OF REPAIRAND IMPROVEMENTS TO THE PUBLIC WORKS MODULAR OFFICES (MR. MOBILE HOME/GREEK'S CONCRETE) (600.301) Item withdrawn by the City Manager. H4. PLANNING DIRECTOR a. RESOLUTION NO. 03-01-21-06 ADOPTED AUTHORIZING THE PREPARATION OF A CONSERVATION EASEMENT ON CITY -OWNED OPEN SPACE TO THE CAPISTRANO UNIFIED SCHOOL DISTRICT (670.50) Council Member Bathgate and Mayor pro tem Soto abstained from this item and left the council chamber. Project Description: The Capistrano Unified School District is in the process of securing the purchase of property to accommodate the San Juan Hills High School site on the Whispering Hills property. The Army Corps of Engineers, U.S. Fish and Wildlife Service and California Department of Fish and Game have identified the need to create, rehabilitate and preserve a wetlands habitat area within the natural drainage course that is located between the terminus of Camino Lacouague and the proposed high school project boundary. As part of the wetlands habitat program, these agencies requested an easement be placed over the habitat area to establish its preservation in perpetuity. Staff recommends approving the concept of granting a conservation easement for the area associated with the request from the Capistrano Unified School District. Written Communication: Report dated January 21, 2003, from Thomas Tomlinson, Director of Planning. City Council Minutes 8 1-21-03 Presentation: Thomas Tomlinson, Director of Planning, reviewed the staff recommendation. Public Comment: Pat Bauer, Bert Dunais, Anne Fox, Lon Uso, Mike Mathewson, Mark Nielsen, Richard Stowe and Jim Verbeerse, City residents, spoke in opposition to granting an unconditional conservation easement to the Capistrano Unified School District due to the November 5, 2002 voter support of the Whispering Hills referendum. Concerns were expressed regarding ridgeline protection, traffic mitigation, trail alignment, extent of required grading and athletic field lighting. Craig Burkett and Susan Uchimwa, City residents, expressed concern over the closing of an equestrian trail associated with the easement area. David A. Doomey, representing the Capistrano Unified School District (CUSD) Board of Trustees, asked Council to adopt the resolution because the voters supported construction of a school in 1999. He stated that district officials would meet with two council members to address concerns. Andi Culbertson, CUSD Consultant, Culbertson Adams Associates, requested the Council to grant the conservation easement because the CSUD Board of Trustees overrode the City's zoning ordinance including the ridgeline exception, an action allowed by state law. Sufficient notification was given by the district and there were no challenges. Approval of the easement was needed by February 4, 2003 to avoid substantial delays to the district. Council Comment: Council Member Swerdlin felt that CSUD should provide better communication with the City and the public. A conservation easement could benefit the neighborhood but he was concerned with ridgeline and traffic issues. Council Member Hart supported staff recommendation and would like the City and school district to work together to get more information out to the public. George Scarborough, City Manager, stated the resolution would provide conceptual approval of the easement. Conceptually, the easement benefits the community by providing school district funding to eliminate non-native plant material and maintain the easement for five years. Since a formal agreement will not return for council consideration by the February 4t" meeting, Council has the discretion to adopt the resolution or issue a letter of intent. City Council Minutes 9 1-21-03 Mayor Gelff was opposed to granting the easement because the voters had overturned the Whispering Hills development, that included the High School, November 5, 2002. Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin and carried 2-1-2 to adopt Resolution No. 03-01-21-06 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE PREPARATION OF A CONSERVATION EASEMENT ON CITY -OWNED OPEN SPACE TO THE CAPISTRANO UNIFIED SCHOOL DISTRICT." ROLL CALL AYES: COUNCIL MEMBERS: Hart and Swerdlin NOES: COUNCIL MEMBERS: Mayor Gelff ABSTAIN: COUNCIL MEMBERS: Bathgate and Mayor pro tem Soto ORDINANCES: ORDINANCE NO. 872 ADOPTED RELATING TO FRANCHISES FOR CABLE COMMUNICATIONS SYSTEM (TITLE 7, CHAPTER2) (1000.40) Project Description: First reading and introduction of an ordinance related to Franchises for Cable Communication Systems (Title 7, Chapter 2) was approved on January 7, 2003. The ordinance is presented for adoption. Written Communication: Report dated January 21, 2003, from Meg Monahan, City Clerk. Presentation: Meg Monahan, City Clerk, read the title of the ordinance entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, RELATING TO FRANCHISES FOR CABLE COMMUNICATIONS SYSTEMS (TITLE 7, CHAPTER Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Soto and carried unanimously, 5-0, to adopt Ordinance 872 relating to Franchises for Cable Communications Systems. 2. ORDINANCE NO. 873 ADOPTED RELATING TO AMENDMENTS TO THE GRADING REGULATIONS TO INCLUDE WATER QUALITY STANDARDS (450.3011050.80) City Council Minutes 10 1-21-03 Proiect Description: First reading and introduction of an ordinance relating to Amendments to the Grading Regulations to Include Water Quality Standards was approved on January 7, 2003. The ordinance is presented for adoption. Written Communication: Report dated January 21, 2003, from Meg Monahan, City Clerk. Presentation: Meg Monahan, City Clerk, read the title of the ordinance entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 2 OF TITLE 8, BUILDING REGULATIONS, RELATING TO THE AMENDMENTS OF THE GRADING REGULATIONS TO INCLUDE WATER QUALITY STANDARDS." Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Swerdlin and carried unanimously, 5-0, to adopt Ordinance No. 873 adopting the Amendments to the Grading Regulations to include Water Quality Standards. 3. ORDINANCE NO. 874 ADOPTED AMENDING PROVISIONS OF APPOINTMENTS TO THE DESIGN REVIEW COMMITTEE, CA 02-03 (TITLE 2, CHAPTER 2) (410.60) Project Description: First reading and introduction of an ordinance amending -- provisions of appointments to the Design Review Committee was approved on January 7, 2003. The ordinance is presented for adoption. Written Communication: Report dated January 21, 2003, from Meg Monahan, City Clerk. Presentation: Meg Monahan, City Clerk, read the title of the ordinance entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2, ARTICLES 7 AND 11 OF THE MUNICIPAL CODE REGARDING THE NUMBER OF MEMBERS OF THE DESIGN REVIEW COMMITTEE." Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto and carried unanimously, 5-0, to adopt Ordinance No. 874 amending provisions of appointments to the Design Review Committee. COUNCILMANIC ITEMS ORAL REPORTS OF OUTSIDE AGENCIES: City Council Minutes 11 1-21-03 Council Member Swerdlin Orange County Vector Control District (560.50): The Vectors of the Month: Spiders and spider mites. Mayor Gelff Orange County Fire Authority (540.80): Elections had been completed to fill open positions for the General Transportation Plan and the Local Agency Formation Commission (LAFCO). COUNCIL COMMENTS: Council Member Bathgate announced that the subcommittee assigned to developing a Blue Ribbon committee to approach the Downtown planning effort had met. Mayor Gelff appointed Council Member Swerdlin to join Council Member Hart to meet with the Capistrano Unified School District concerning plans for a new high school. ADJOURNMENT There being no further business, Mayor Gelff adjourned the meeting at 10:12 p.m. to a Regular meeting, Tuesday, February 4, 2003, at 5:30 p.m. for Closed Session and 7:00 p.m. for the Public Business Session in the City Council Chamber. Respectfully submitted, p2.G'L� ET R. MCNAHAN, CITY CLERK Approved: February 18, 2003 ATTEST: City Council Minutes 12 1-21-03