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03-0916_CC_Minutes_Regular MeetingMINUTES September 16, 2003 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.85) — 5:30 p.m. A closed Session was held for the following purposes, as authorized by statute: Pursuant to Government Code Section 54957.6, the City Council conferred with its labor negotiator (City Manager) regarding labor negotiations with the San Juan Capistrano Employees Association and Management Employees Association. 2. Pursuant to Government Code Section 54956.9, the City Council conferred with its legal counsel regarding one matter. 3. Pursuant to Government Code Section 554956.9(b)(1), the City Council conferred with its legal counsel regarding one matter. 4. Pursuant to Government Code Section 54956.9(a), the City Council conferred with its legal counsel regarding one matter. Case name: CAUSE V. Capistrano Unified School District, et al., OCSC Case No. 03CC00173. Mayor Gelff called the regular meeting of the City Council of the City of San Juan Capistrano, California, to order at 7:02 p.m. in the City Council Chamber. Council Member Hart led the Pledge of Allegiance and 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: Cynthia L. Russell, Acting City Manager/Administrative Services Director; John Shaw, City Attorney; Meg Monahan, City Clerk; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and Building Director; Amy Amirani, Public Works Director; Lt. J. B. Davis, Chief of Police Services; Karen Crocker, Community Services Manager, Amy Wolfe, Senior Planner; and, Eileen White, Recording Secretary. 09-16-2003 ANNOUNCEMENT OF CLOSED SESSION ACTIONS: John Shaw, City Attorney, reported that in Closed Session, the City Council approved a litigation agreement, 3-0-2, with Bathgate and Soto abstaining, between the Capistrano Unified School District (CUSD), the City of San Juan Capistrano, and the plaintiffs, terminating this and further litigation concerning CUSD's zoning override in connection with constructing a school at the subject site: Case Name: CAUSE v. Capistrano Unified School District, et al, OCSC Case No. 03CCO0173 ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Ziad Mazboudi, Senior Civil Engineer announced that the Coastal Watershed Cleanup Day in San Juan Capistrano would begin at 8:00 a.m. on Saturday, September 20, 2003, at Descanso Park, adjacent to City Hall. Battalion Chief Mark Hawkins, Orange County Fire Authority, invited the public to visit any fire station in Orange County during Open House on Saturday, October 11, 2003. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS: PRESENTATION TO SAN JUAN CAPISTRANO RESTAURANT ASSOCIATION (610.40) Presentation rescheduled to the October 6, 2003, meeting. 2. PROCLAMATION DESIGNATING SEPTEMBER 20, 2003, AS INNER - COASTAL WATERSHED CLEANUP DAY (610.40) Mayor Gelff proclaimed September 20, 2003, as Inner Coastal Watershed Cleanup Day and presented Ziad Mazboudi, Senior Civil Engineer and site captain for the City of San Juan Capistrano, with the Proclamation. 3. PROCLAMATION DESIGNATING SEPTEMBER 17 — 23, 2003, AS CONSTITUTION WEEK (610.40) Mayor Gelff proclaimed September 17 through 23, 2003, as Constitution Week and presented Fay Kristjanson of the San Clemente Island Chapter of the National Society Daughters of the American Revolution, with a Proclamation. 4. PROCLAMATION DESIGNATING OCTOBER 5 — 11, 2003, AS FIRE PREVENTION WEEK (610.40) Mayor Gelff proclaimed October 5 through 11, 2003 as Fire Prevention Week and presented Battalion Chief Mark Hawkins with the Proclamation. 2 09-16-2003 5. PRESENTATION TO FORMER COMMISSIONER ALYSE ALVORD (610.40) Mayor Gelff and Karen Crocker, Community Services Manager, recognized Alyse Alvord, Youth Board Member, for her service to the City of San Juan Capistrano. 6. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10): Mayor pro tem Soto recognized the following individuals who were in attendance: Joann de Guevera and Marie Buckner, Housing Advisory Committee; Ilse Byrnes, Parks, Recreation, and Equestrian Commission; Larry Kramer, Transportation Commission; Don Tryon, Cultural Heritage Commission; Les Blair, Council Liaison to the San Juan Seniors; James Littlejohn, Executive Director to the Boys and Girls Club; and Brad Gates, Retired Orange County Sheriff. ORAL COMMUNICATIONS Darrell Joseph, City resident, inquired into the lease of City property to non-profit organizations, liability issues concerned with these leases and compliance with non- profit status requirements. Cynthia L. Russell, Acting City Manager, advised that City staff would meet with Mr. Joseph to discuss these issues and provide documentation. Candy Hess, City resident, requested that benches be installed near the bus stop at the Rite Aid store. City staff to contact Ms. Hess to investigate issue. Catalina Durazo, City resident, listed the many benefits Camp Cookie provides to underprivileged children. Meighan Twohey, Laguna Niguel resident and volunteer at Camp Cookie, described the programs provided at the camp. Loretta Sterly, former City resident, recounted how her daughters' lives have improved since becoming involved with Camp Cookie. Lillian Justice, Encinitas resident and Camp Cookie staff member, related that all required documentation is posted on the Camp's website, offered to provide more info if needed, and discussed funding and operational issues. John Frank, Escondido resident and president of Camp Cookie, thanked the City and its residents, especially the equestrian community, for their support. Allana Mayo, Dana Point resident, and her children Christian and Krista, described how the volunteers and activities at Camp Cookie helped rebuild their lives after a death in their family. 09-16-2003 Heather Deason, Laguna Niguel resident and volunteer at Camp Cookie, described the benefits her brother and sister received while attending Camp. Francie Kennedy, City resident, representing residents of the Los Rios District, spoke in opposition of relocating the Leek Housing into the Los Rios National Register Historic District if it involves demolition of the Oyharzabal House. CONSENT CALENDAR Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin, and carried unanimously, 5-0 to approve items 1, 2, 4, 6, 8, 10, & 12 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLES ONLY APPROVED 2. MINUTES FROM THE REGULAR MEETING OF AUGUST 19, 2003, APPROVED AS SUBMITTED 3. ACCOUNTS PAYABLE WARRANTS DATED AUGUST 21, 2003, IN THE AMOUNT OF $1,050,219.45 AND PAYROLL WARRANTS DATED AUGUST 28, 2003, IN THE AMOUNT OF $360,290.90, RECEIVED AND FILED (300.30) This item was voted on separately to allow Council Member Bathgate to abstain. Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin and carried 4-0-1, with Council Member Bathgate abstaining, to receive and file the accounts payable warrants dated August 21, 2003, in the amount of $1,050.219.45 and payroll warrants dated August 28, 2003, in the amount of $360.290.90. ROLL CALL AYES: COUNCIL MEMBERS: Hart, Swerdlin, Soto, and Mayor Gelff NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBER Bathgate 4. STATUS REPORT ON NEW DEVELOPMENTS APPLICATIONS RECEIVED AND FILED (440.10) 5. PURCHASE AGREEMENT BETWEEN THE ORANGE COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF SAN JUAN CAPISTRANO APPROVED (CIP No. 758)(600.50) 4 09-16-2003 Council Member Swerdlin stated that the price proposed is too high and that further attempts should be made to negotiate the price downward. Amy Amirani, Public Works Director, reported that the amount agreed is the market value of the property. Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto, and carried 4-1, with Council Member Swerdlin opposed, to approve the Purchase Agreement between the Orange County Flood Control District and the City of San Juan Capistrano; authorize the Mayor to execute the Agreement; and approve Resolution No. 03-09-16-01, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING GRANT OF EASEMENT DEED AND TEMPORARY CONSTRUCTION EASEMENT (ORANGE COUNTY FLOOD CONTROL DISTRICT) (GROUNDWATER RECOVERY PLANT) (CIP# 758)." ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBER: Hart, Bathgate, Soto, and Mayor Gelff Swerdlin None 6. AGREEMENTS WITH THE BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY IN AN AMOUNT NOT TO EXCEED $71,829.99, AND WITH CAMP FIRE USA ORANGE COUNTY COUNCIL TO PROVIDE AFTER SCHOOL RECREATION PROGRAMS, IN AN AMOUNT NOT TO EXCEED $50,400.00, FOR THE PERIOD OF SEPTEMBER 17, 2003, THROUGH JUNE 30, 2004, APPROVED (600.30) 7. MEMORANDUM OF UNDERSTANDING (MOU) REGARDING THE PRELIMINARY DESIGN OF AVENIDA LA PATA BETWEEN THE CITY OF SAN JUAN CAPISTRANO, CITY OF SAN CLEMENTE, AND THE COUNTY OF ORANGE APPROVED (600.50) William M. Huber, Engineering and Building Director, reported that the City of San Clemente has requested a language revision to the MOU. He recommended that the Council approve the MOU subject to the City Attorney's approval of the final document. Mayor Gelff stated that City residents have not had the opportunity to provide any input on the proposed street extension. Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto, and carried 4-1, with Mayor Gelff opposed, to approve the Memorandum of 09-16-2003 Understanding (MOU) regarding the preliminary design of Avenida La Pata between the City of San Juan Capistrano, City of San Clemente, and the County of Orange, subject to satisfactory resolution of the language or deletion of Item 10, and the City Attorney's approval as to form; and the City Manager authorized to execute the Memorandum of Understanding. ROLL CALL AYES: COUNCIL MEMBERS: Hart, Swerdlin, Soto, and Bathgate NOES: COUNCIL MEMBERS: Mayor Gelff ABSTAIN: COUNCIL MEMBER: None 8. RESOLUTION NO. 03-09-16-02, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ABANDONMENT OF UNUSED SEWER AND WATER EASEMENTS WITHIN ASSESSOR'S PARCELS 666-131-09 AND 666-131-15 (ORTEGA PROPERTIES, INC.INEWCO MANAGEMENT)" APPROVED (670.50) 9. RESOLUTION NO. 03-09-16-03, ESTABLISHING PERMIT PARKING ON CALLE LUCANA, PASEO BELARDES, CALLE RIO VISTA, AND VIA BELARDES APPROVED (570.70) Public Comment: Robert F. Bavier, City resident, requested enough permits for the number of vehicles owned by residents at his address. William M. Huber, Engineering and building Director, indicated that special circumstances would be taken into account in providing permits. Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart and carried unanimously, 5-0, to approve Resolution No. 03-09- 16-03, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING `NO PARKING EXCEPT BY PERMIT, 3:00 A.M. TO 6:00 A.M.' ON CALLE LUCANA, PASEO BELARDES, CALLE RIO VISTA, AND VIA BELARDES FROM CALLE LUCANA TO THE DEAD END NORTH." 10. RESOLUTION NO. 03-09-16-04, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SETTING A TIME AND DATE FOR A PUBLIC HEARING REGARDING THE GRANTING OF AN EASEMENT WITHIN MISSION BELL PARK TO THE OWNER OF 33142 VIA MAYOR (MS. JILL WALKER) FOR LANDSCAPE AND FENCE PURPOSES" (Lot 107, TRACT 5657 -WALKER) APPROVED (670.50) 6 09-16-2003 11. RESOLUTION NO. 03-09-16-05, DESIGNATING GUADALUPE STREET AS "ONE WAY NORTHBOUND ONLY" APPROVED. (820.90) Mayor pro tem Soto asked if staff considered fire safety codes in their recommendation. William M. Huber, Engineering and Building Director, advised that the (OCFA) approved the request. Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Hart and carried unanimously, 5-0, to approve Resolution No. 03-09- 16-05, a resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING `ONE WAY NORTHBOUND' ON GUADALUPE STREET." 12. AMENDMENT NO. 7 TO COOPERATIVE AGREEMENTS NO. C-94-989 COMBINED TRANSPORTATION FUNDING PROGRAMS MASTER FUNDING AGREEMENT BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) AND THE CITY OF SAN JUAN CAPISTRANO APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT. (600.50) PUBLIC HEARING - None RECESS AND RECONVENE Council recessed at 7:58 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 8:01 p.m. ADMINISTRATIVE ITEMS G1. PLANNING DIRECTOR a. PLANNING COMMISSION FINDING REGARDING THE STANDARDS FOR SECONDARY DWELLING UNITS ACCEPTED. (440.70) Project Description: The City Council requested that the Planning Commission review the current development standards as it controls Secondary Dwelling Units. The Planning Commission considered the issue and found that due to the current development standards that apply to residential district and intensity of use, no additional adjustment to the existing regulations governing secondary dwelling units is necessary. Staff recommends the Council accept the Planning Commission finding. Written Communications: Report dated September 16, 2003, by Thomas Tomlinson, Planning Director. 7 09-16-2003 Presentation: Thomas Tomlinson, Planning Director, summarized the staff report. Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Soto and carried unanimously 5-0, to accept the Planning Commission finding that the adopted development standards for Secondary Dwelling Units control the scale and intensity of overall development of a residential lot. b. ORDINANCE NO. 884 AMENDING FORSTER CANYON COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01 ADOPTED; RESOLUTION NO. 03-09-16- 06, CONDITIONALLY APPROVING VESTING TENTATIVE TRACT MAP (VTTM) 15609 ADOPTED. (460.201420.301420.40) Council Member Bathgate recused herself from consideration of this item due to her employer's relationship with the applicant and left the chamber. Project Description: A request to a) amend the Forster Canyon Comprehensive Development Plan to modify existing development and zoning standards and allow the development of 416 residential dwelling units within the Pacifica San Juan portion of the Planned Community, and b) approve Vesting Tentative Tract Map (VTTM) 15609. Staff has amended the Ordinance to address Council concerns expressed at the September 2, 2003, meeting. Staff recommends the Council adopt the Ordinance and Resolution. Written Communications: Report dated September 16, 2003, by Thomas Tomlinson, Planning Director. Letter dated September 16, 2003, from Ronald Freeman, Vice President, SJD Partners, Ltd., requesting a modification of Condition L-27. Presentation: Amy Wolfe, Senior Planner, reviewed the staff recommendation. Public Comment: Ron Freeman, Anaheim resident and Vice President of Suncal, requested the City Council consider his suggestion to modify Condition L-27 so the timing of the construction of the temporary recreational vehicle storage facility coincides with the construction of street "A." Sharon Cheever, City resident, ascertained that a condition of approval was included to involve McCracken Hill residents in the development of project Conditions, Covenants, and Restrictions (CC&Rs) and the applicant did not have permission to develop the secondary recreational vehicle site. 09-16-2003 Parviz Azar, City resident, established that a condition of approval was included concerning private easements and inquired into the stability of Lot J slope. Richard Hili Adams, City resident, requested that the McCracken Hill secondary access be retained for emergency use only and that any future use would require residents' and City approval. Council Comment: The Majority of the City Council concurred to revise condition L-27 to require that prior to the issuance of the 151St building permit, the developer construct a temporary vehicle storage facility with a minimum of 22 parking spaces; facility to be completed by the 201St building permit, or five years, whichever comes first. Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto, and carried 4-0-1, with Council Member Bathgate abstaining, to adopt Resolution No. 03-09-16-06 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING VESTING TENTATIVE TRACT MAP (VTTM) 15609 FOR THE DEVELOPMENT OF 279 DWELLINGS ON THE 165.5 ACRE PORTION OF THE 259 ACRE PACIFICA SAN JUAN SITE LOCATED AT THE TERMINUS OF VALLE ROAD, EAST OF INTERSTATE 5 (PACIFICA SAN JUAN)." ROLL CALL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBER Hart, Swerdlin, Soto, and Mayor Gelff None Bathgate Meg Monahan, City Clerk, read the title of the Ordinance entitled "An ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE (RZ) 02-03 AMENDING THE FORSTER CANYON PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN (CDP 81- 01) ADOPTED BY ORDINANCE 418 AND SUBSEQUENTLY AMENDED BY ORDINANCE 446, 458, 696, 809, AND 711 (PACIFICA SAN JUAN)." Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto, and carried 4-0-1, with Council Member Bathgate abstaining to adopt the Ordinance No. 884 amending the Forster Canyon Planned Community Comprehensive Development Plan (CDP 81-01) with Condition No. L-27 revised as read by the City Attorney. 9 09-16-2003 ROLL CALL AYES: COUNCIL MEMBERS: Hart, Swerdlin, Soto, and Mayor Gelff NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBER: Bathgate G2. ADMINISTRATIVE SERVICES DIRECTOR a. FUNDS RESERVED IN ANTICIPATION OF FUTURE IMPACTS FROM THE STATE BUDGET AND GENERAL FUND COSTS REINSTATED. (330.20) Description: Establishment of a reserve fund with funds set aside but not taken during the State Budget crisis and excess Vehicle License Fees (VLF) from the prior year that were not taken by the State for a total of $987,240; and appropriation of funds in the amount of $149,400 from available General Fund reserves to fund costs eliminated in the FY 2003-04 adopted budget. Staff recommends the Council approve the reserves for future State Budget impacts and reinstate certain General Fund expenditures. Written Communications: Report dated September 16, 2003, by Cynthia L. Russell, Acting City Manager/Administrative Services Director. Presentation: Cynthia L. Russell, Acting City Manager/Administrative Services Director, summarized the staff report. Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Soto, and carried unanimously, 5-0, to reserve $987,240 of the City's available General Fund balance in anticipation of future impacts from the State Budget; and appropriate $149,400 from Available General Fund Reserves to reinstate General Fund costs as outlined in the City's State Budget Reduction Contingency Plan adopted on June 3, 2003. ORDINANCES ORDINANCE NO. 885 AMENDING DEVELOPMENT PLAN 78-01, ORTEGA PLANNED COMMUNITY RELATED TO CLASSIFICATION OF EDUCATIONAL USES AS A CONDITIONAL USE ADOPTED (460.20) Description: A second reading and adoption of the Ordinance is necessary to classify educational uses, within the Ortega Planned Community, as conditional uses. Staff recommends adoption of the Ordinance. Written Communication: Report dated September 16, 2003, by Meg Monahan, City Clerk. 10 09-16-2003 Meg Monahan, City Clerk, read the title of the ordinance entitled: "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING COMPREHENSIVE DEVELOPMENT PLAN (CDP) 78-01, ORTEGA PLANNED COMMUNITY BY CLASSIFYING `EDUCATIONAL USES, PUBLIC OR PRIVATE, INCLUDING ELEMENTARY, INTERMEDIATE AND HIGH SCHOOLS, CHILD DAY CARE CENTERS, PRESCHOOLS AND NURSERY SCHOOLS' AS A CONDITIONAL USE (ST. MARGARET'S SCHOOL)." Council Action: Moved by Council Member Swerdlin, seconded by Mayor pro tem Soto, and carried unanimously, 5-0, to adopt Ordinance No. 885, amending Comprehensive Development Plan (CDP) 78-01, related to classification of educational uses as a conditional use. COUNCILMANIC ITEMS 1. ONE VACANCY DECLARED ON THE PLANNING COMMISSION; CITY CLERK DIRECTED TO SOLICIT APPLICATIONS TO FILL THE VACANCY (110.20) Description: Planning Commissioner George Proctor has resigned, creating a vacancy on the Planning Commission. Written Communications: Report dated September 16, 2003, by Cynthia L. Russell, Acting City Manager/Administrative Services Director Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart and carried unanimously, 5-0, to declare one vacancy on the Planning Commission and direct the City Clerk to prepare and post the appropriate public notices to solicit applications and fill the vacancy. 2. RESOLUTION NO. 03-09-16-07 ADOPTED, AMENDING 2003-2010 CAPITAL IMPROVEMENT PROGRAM (590.601330.40) Description: The Traffic Congestion Relief Committee was formed to develop and provide comprehensive recommendations and strategy to improve vehicular circulation within the community. The Committee developed a Seven -Year Capital Improvement Program (CIP) for Council review. Staff recommends the Council review the Committee's recommendations and adopt a resolution amending the City's Seven-year Capital Improvement Program. Written Communications: Report dated September 16, 2003, from the Traffic Congestion Relief Ad -Hoc Committee and William M. Huber, Engineering and Building Director. Presentation: William M. Huber, Engineering and Building Director presented the staff report. 11 09-16-2003 Council Action: Moved by Council Member Bathgate, seconded by Council Member Hart and carried unanimously, 5-0, to adopt Resolution No. 03-09-16- 07, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING APPROPRIATIONS AND AUTHORIZING EXPENDITURES RELATED TO THE 2003-2010 CITY SEVEN- YEAR TRAFFIC RELIEF/CAPITAL IMPROVEMENT PROGRAM." 3. ORAL REPORTS Council Member Swerdlin announced that the Orange County Vector Control District, Vector of the Month is Horse and Deer flies. ADJOURNMENT There being no further business, Mayor Gelff adjourned the meeting at 8:58 p.m. to a regular meeting, Tuesday, October 7, 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, R. MONAHAN, CITY CLERK : October 21, 2003 ATTEST-. JOHN S. GEL W, MAYOR 12 09-16-2003