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03-0415_CC_Minutes_Regular MeetingMINUTES April 15, 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(c) the City Council conferred with its real property negotiator (City Manager) regarding the lease of property known as Lots A and B of Tract 12933. The leasee's representative is Larry Hatfield. 2. Pursuant to Government Code section 54956.9(b)(1) the City Council conferred with its legal counsel regarding two matters. 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 7:01 p.m. in the City Council Chamber. Council Member Wyatt Hart led the Pledge of Allegiance to the Flag. Pastor Bradley Shingler, Gateway Community Church, 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; 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 INTRODUCTIONS PRESENTATION AND DONATIONS WALL OF RECOGNITION CONSIDERED AS ITEM 1-2 City Council Minutes 1 4-15-03 2. PRESENTATION TO DOCENT SOCIETY OF MISSION SAN JUAN CAPISTRANO (610.40) Mayor Gelff recognized the Docent Society of Mission San Juan Capistrano. Bob Spidel accepted a Certificate of Appreciation from Mayor Gelff on behalf of the Docent Society members. 3. PRESENTATION OF MAYOR'S AWARD - EDUCATOR OF THE YEAR TO MONSIGNOR PAUL MARTIN (610.40) Mayor Gelff recognized Monsignor Paul Martin for his major contributions to the community and presented Monsignor Martin with the Mayor's 2003 Educator of the Year award. 4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Soto introduced the following persons in attendance: Don Tryon and Janet Siegel, Cultural Heritage Commission; Joann de Guevara, Marie Buckner and Howard Langhans, Housing Advisory Committee; Tori Haidinger, Kathy Hooper, Angela Duzich and Ilse Byrnes, Parks, Recreation and Equestrian Commission; Sheldon Cohen and Robert Cardoza, Planning Commission; Jerry Miller, Executive Director of the Mission San Juan Capistrano; Colleen Campbell, former Mayor and Council Member; Les Blair, Council Liaison to the Seniors; and, T.J. Meadows, former Director of the Capistrano Valley Water District. ORAL COMMUNICATIONS: (CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCYL: CONSENT CALENDAR Council Action: Moved by Council Member Hart, seconded by Council Member Bathgate and carried unanimously, 5-0, to approve items 1 through 7 as recommended by Staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES FROM THE REGULAR MEETING OF MARCH 18, 2003, APPROVED AS SUBMITTED. 3. RESOLUTION NO. 03-04-15-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETE AS TO PLANS AND SPECIFICATIONS FOR THE SERRA PARK PLAYGROUND EQUIPMENT PROJECT (DAVE BANG AND ASSOCIATIONS, INC.) (CIP NO. 478);" RESOLUTION NO. 03-02-15-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY City Council Minutes 2 4-15-03 OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETE AS TO PLANS AND SPECIFICATIONS FOR THE BONITA PARK PLAYGROUND EQUIPMENT PROJECT (DAVE BANG AND ASSOCIATES, INC.) (CIP NO. 475);" CITY CLERK DIRECTED TO PROCESS THE RECORDING OF THE NOTICES OF COMPLETION FOR EACH PROJECT; AND, STAFF AUTHORIZED TO RELEASE THE PROJECT RETENTION FOR THE BONITA PARK PLAYGROUND EQUIPMENT PROJECT (CIP NO. 475), IN THE AMOUNT OF $2,524.07, THIRTY-FIVE DAYS AFTER RECORDATION. (600.30) 4. AMENDMENT NO.6 APPROVED TO THE COOPERATIVE AGREEMENT NO. C- 95-989 COMBINED TRANSPORTATION FUNDING PROGRAMS MASTER FUNDING AGREEMENT BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) AND THE CITY OF SAN JUAN CAPISTRANO. (600.50) 5. STATUS OF NEW DEVELOPMENT APPLICATION RECEIVED AND FILED. (440.10) 6. WARRANTS DATED MARCH 20, 2003, IN THE AMOUNT OF $1,388,068.31; AND, PAYROLL WARRANTS DATED MARCH 27, 2003, IN THE AMOUNT OF $228,411.05, RECEIVED AND FILED. (300.30) 7. CLAIM OF LEONARD BRONGO DBA BRONGO CONSTRUCTION INC., DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY. (170.70) PUBLIC HEARINGS: None RECESS AND RECONVENE Council recessed at 7:20 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 7:21 p.m. ADMINISTRATIVE ITEMS G1. PLANNING DIRECTOR a. URGENCY ORDINANCE NO. 877 ADOPTED ESTABLISHING INTERIM DEVELOPMENT REGULATIONS FOR THE AREA COMMONLY KNOWN AS "MISSION HILLS" AND "MISSION FLATS"; PENDING DEVELOPMENT APPLICATIONS SUBJECT TO ARCHITECTURAL CONTROL REQUIREMENTS, AND PLANNING COMMISSION TO CONSIDER TRAFFIC IMPACTS (410.301460.30) City Council Minutes 3 4-15-03 Project Description: At the meeting of April 1, 2003, a resident of Don Juan Avenue requested thatthe City Council impose an interim urgency ordinance to preclude the development of duplex units within the neighborhood commonly known as "Mission Hills/Mission Flats. Staff presented several Alternatives for the Council's consideration. Written Communication: Report and Supplemental Agenda Report dated April 15, 2003, by Thomas Tomlinson, Planning Director. Letter, dated April 11, 2003, from T.J. Meadows, supported denial of the urgency ordinance. Letter, dated April 10, 2003, from Thomas W. Hribar, supported development of duplexes at the end of EI Horno. Letter dated April 14, 2003, from Jane Lohrback, opposed the duplex project. Presentation: Thomas Tomlinson, Planning Director, reviewed the staff recommendation. Public Comment: Bart Crandell, Architectural consultant for the proposed duplex project, reviewed the project proposal and supported current zoning provisions. T.J. Meadows, City resident, opposed to the urgency ordinance due to impact on property rights of the current vacant lot owners. Jack Campbell, City resident, opposed the ordinance and supported property rights of owners. Richard Hill Adams, applicant representing a proposed project under consideration in the neighborhood, discussed the project attributes and opposed the urgency ordinance. John Martin, City resident, felt the proposed developments should proceed as vacant lots are attractive nuisance. Tom Entwistle, City resident, supported an urgency ordinance to protect neighborhood historic qualities. Dusty W. Otero, City resident, opposed urgency ordinance. Ellen Lowe, City resident, supported proposed duplex project. City Council Minutes 4 4-15-03 Angela Duzich, City resident, supported urgency ordinance and felt that the duplex project was massive and needed diverse architecture. Joe Drey, City resident, supported the duplex project and property rights. Garry Meeker, City resident, felt the areas needed density regulations. Dave Busk supported private property rights. Trisha Juenemann, City resident, supported private property rights. Shirley Witt, City resident, felt the duplex project was appropriate for required zoning. Nico Germann, City resident, felt that the development should be responsive to neighborhood historic qualities. Ed Nunez, City resident, concerned with neighborhood density and supported ordinance. Orrie Brown, City resident, supported urgency ordinance, varied architecture and lower density. Ron Austin, Laguna Niguel resident, and City property owner with pending application in the Mission Hills/Mission Flats neighborhood, opposed new regulations that would stop his current application. Brad Box and Ricardo Dury, City residents, supported the proposed projects. Ricardo Duffy, City resident, felt more architectural diversity and lower density was needed; and, supported the urgency ordinance. Micheal Moyles, City resident, supported the urgency ordinance. Council Comment: Council Member Hart stated supported protecting the Mission Hills/Mission Flats neighborhood, while allowing proposed projects in the area to proceed through approval processing. Council Member Bathgate recommended architectural review processing for currently proposed projects, in addition to supporting an urgency ordinance. City Council Minutes 5 4-15-03 Mayor pro tem Soto suggested additional review of project landscape design, traffic mitigation signage and slurry seal of Don Juan Avenue. Meg Monahan, City Clerk read the title of the Interim Urgency Ordinance, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858, RELATING TO LAND AREA COMMONLY KNOWN AS "MISSION HILLS/MISSION FLATS." Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Swerdlin and carried unanimously, 5-0, to adopt Urgency Ordinance No. 877 establishing interim development regulations for the area commonly known as "Mission Hills" and "Mission Flat," including a provision that pending development applications be subject to architectural control permit requirements of the Municipal Code; and, directing the Planning Commission to consider site development traffic impacts, more extensive landscaping designed to provide a visual buffer from the 1-5 freeway and pleasing aesthetics, and slurry seal of Don Juan Avenue for the pending duplex units development application. Moved by Mayor Gelff, seconded by Council Member Hart and carried unanimously, 5-0, to direct Staff to install traffic signage including "25 mph Speed Limit" sign on don Juan Avenue and "Not a Thru Street" sign near intersection of Don Juan Avenue and Andres Pico. b. SADDLEBACK VALLEY CHRISTIAN SCHOOL — APPEAL OF PLANNING COMMISSION DECISION (ARCHITECTURAL CONTROL 00-09) CONTINUED PER REQUEST BY APPLICANT (410.60) Project Description: Bruce Harbin, President of Saddleback Valley Christian School, filed an appeal of the Planning Commission's February 25, 2003, action to approve Architectural Control 00-09, an approval for the construction of a multi- purpose building on property located a 26333 Oso Road. The appellant is contesting dedication requirements imposed several years ago on the entire school project. Staff recommends denying the appeal. Prior to the meeting the applicant requested a continuance of the item. Written Communication: Report dated April 15, 2003, by Thomas Tomlinson, Planning Director. Letter dated March 21, 2003, from Cheryl A. Schou, President, San Juan Capistrano Equestrian Coalition, opposed to Saddleback Valley Christian School's appeal of Planning Commission decision. Letter dated April 15, 2003, from Jonathan C. Curtin for Sheppard, Mullin, Richter & Hampton LLC, requested a continuance. City Council Minutes 6 4-15-03 Public Comment: Douglas A. D. Siena, City resident, requested to be re -noticed when item returns to Council for consideration. The following individuals opposed the appeal and urged the Council to ensure that the proposed trails and bikeways would be installed, as required, as they link a county wide trail system already in existence and conform to the general plan: Marcie Frolov, City resident and member of the San Juan Capistrano Equestrian Coalition Board of Directors; Kathleen Schaffer, Laguna Beach resident; Jim Meyer, Trails 4 All; and Jeff Dickman, County of Orange, Chief of Trail and Bikeway Planning. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart and carried unanimously, 5-0, to continue the item as requested by the applicant, item removed from the agenda to be re -scheduled by the Mayor; and, staff directed to re -notice item upon re -scheduling. G2. ENGINEERING AND BUILDING DIRECTOR a. PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNAL AT ORTEGA HIGHWAY & VIA CORDOVAIHUNT CLUB DRIVE APPROVED; AND, STAFF AUTHORIZED TO RECEIVE BIDS. (CIP NO. 106) (600.30) Project Description: Plans and Specifications have been prepared to install a traffic signal at the intersection of Ortega Highway and Via Cordova/Hunt Club Drive. The project consists of constructing traffic signal equipment, street lights, sidewalk, wheelchair ramps, curb, gutter and other necessary appurtenances. At the March 18, 2003, City Council meeting, staff was directed to respond to concerns raised regarding left -turn stacking into the Hunt Club entrance, equestrian use of the traffic signal and notification to residents along Via Cordova. Staff addressed the issues and recommends approving the plans and specifications, authorizing staff to receive bids; and, referring the issue of an equestrian crossing to the Parks, Recreation and Equestrian Commission, returning to Council after Commission review. Written Communication: Report dated April 15, 2003, by William M. Huber, Engineering and Building Director. Letter dated April 2, 2003, from Emil Rapp, Mission Park Homeowners Association President, regarding impacts that additional traffic would have on Via Cordova if traffic signal installed. Letter dated April 12, 2003, from Bernard J. Hale, supported installation of a traffic signal. City Council Minutes 7 4-15-03 Presentation: William M. Huber, Engineering and Building Director, reviewed the staff recommendation. Public Comment: Pat Wesselink, City resident, supported traffic signal. Pat Flet, City resident and Mission Park HOA President, requested more time to discuss the item with homeowners. Rick Selesky, City resident, supported the installation of a signal. Council Comment: Council Member Hart ascertained the Parks, Recreation & Equestrian Commission had requested to review certain issues of interest to the commission. He requested the City Attorney research issues related to the lack of a connecting equestrian trail to the proposed location of the crossing. Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto and carried unanimously, 5-0, to approve Plans and Specifications for the Ortega Highway and Via Cordova/HuntClub Drive traffic signal installation; Staff authorized to receive bids; and, referred potential equestrian crossing to the Parks, Recreation & Equestrian Commission with their recommendation to be returned to the City Council. b. CONSIDERATION OF RESCINDING QUITCLAIM DEED OF EASEMENT FOR STREET AND HIGHWAY AND APPROVING CORRECTED QUITCLAIM DEED CONTINUED TO MAY 6, 2003, PER REQUEST OF THE PROPERTY OWNER (ITO) (670.50) Mayor Gelff announced that the property owner requested a continuance of this item. He continued the item to May 6, 2003, G3 ADMINISTRATIVE SERVICES DIRECTOR a. FISCAL_ YEAR 2003-2004 BUDGET CONTINGENCY PLAN IN RESPONSE TO THE PROPOSED STATE BUDGET REDUCTIONS CONTINUED TO THE MAY 20, 2003, COUNCIL MEETING (330.20) Project Description: In December 2002, The Governor of California announced proposed reductions in an effort to deal with the State Budget Shortfalls for FY 2002-2003 and shorfalls for FY 2003-2004. At this time the Governor's budget has not been approved therefore, the full impact on the City's FY 2003-04 budget is not known at this time. Staff recommends reviewing the proposed General Fund City Council Minutes 8 4-15-03 Budget reduction strategy for FY 2003-04 and continue the discussion to the meeting of May 20, 2003. Written Communication: Report dated April 15, 2003, by Cynthia L. Russell, Administrative Services Director. Presentation: Cynthia L. Russell, Administrative Services Director, reviewed the staff recommendation. Council Comment: Council Member Swerdlin supported using reserve funds, if necessary to support certain programs, including the after school programs provided by the Boys and Girls Club. Council Member Soto ascertained revenue enhancements such as Adopt a Highway could help in offsetting anticipated budget shortfalls. Mayor Gelff felt the State should not balance the budget on the back of cities. Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Hart and carried unanimously, 5-0, to continue the item to the meeting of May 20, 2003, for further review and discussion. ORDINANCES: None COUNCILMANIC ITEMS 1. VACANCIES DECLARED FOR THE ANNUAL APPOINTMENTS TO THE YOUTH ADVISORY BOARD (110.20) Description: The Yourth Advisory Board serves as a liaison between the youth of San Juan Capistrano and the City Council concerning matters related to the City's youth. Appointments are made on an annual basis in June and the appointees take office in August. Staff rcommends declaring the vacancies on the Youth Advisory Board and direct the City Clerk to solicit applications to fill the vacancies. Written Communications: Report dated April 15, 2003, by Meg Monahan, City Clerk. Council Action: Moved by Council Member Swerdlin , seconded by Council Member Bathgate and carried unanimously, 5-0, to declare vacancies on the Youth Advisory Board and direct the City Clerk to solicit applications to fill the vacancies. City Council Minutes 9 4-15-03 2. DAVID BELARDES, KEN FRIESS AND MONSIGNOR PAUL MARTIN TO BE INCLUDED ON THE WALL OF RECOGNITION. (610.40) Pro'ect Description: The Wall of Recognition was created to recognize Individuals whose contributions and selfless efforts have made the City of San Juan Capistrano a more productive and enjoyable place to live, work and play. A subcommittee consisting of two council members review the nominations and recommend individuals whose names will be engraved on the perpetual plaque, known as the Wall of Recognition, located at the Community Center. The subcommittee has recommended the following names for placement: David Belardes, Ken Friess, and Monsignor Paul Martin. Written Report: Reported dated April 15, 2003, by Cristi J. Silverberg, Community Liaison. Council Action: Moved by Council Member Hart and seconded by Mayor Gelff and carried unanimously, 5-0, to confirm the Council subcommittee recommendations to select David Belardes, Ken Friess and Monsignor Paul Martin for placement on the Wall of Recognition. 3. ORAL REPORTS OF OUTSIDE AGENCIES: Council Member Swerdlin Foothill/Eastern Corridor and San Joaquin Hills Transportation Corridor(800.50): Council Member Swerdlin elected as Transportation Corridor Agencies Council of Government (CPGS) representative. Orange County Vector Control District (560.50): Vector of the month: Scorpion. Council Reports - Other Committees Council Member Bathgate reported that the Blue Ribbon Committee - Downtown Vision Process met last week. She encouraged the public to attend and participate. COUNCIL COMMENTS: Mayor Gelff announced that the City would sponsor Earth Day events on Friday, April 25, 2003, at City Hall. Mayor Gelff announced that he has asked Council Member Bathgate to assist him in meeting with the City of Mission Viejo regarding Traffic issues. City Council Minutes 10 4-15-03 ADJOURNMENT There being no further business, Mayor Gelff adjourned the meeting at 9:26 p.m. to a Regular meeting, Tuesday, May 6, 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, 0 R. MONAHAN, CITY CLERK May 20, 2003 ATTEST: , MAYOR City Council Minutes 11 4-15-03