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98-0721_CC_Minutes_Regular Meeting251 July 21, 1998 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION 610.85 - 5:30 P.M. A Closed Session was scheduled for the following purposes, as authorized by statute: 1. Pursuant to Government Code Section 549957.6, the City Council will confer with its Labor Negotiator (City Manager) regarding Terms and Conditions of Employment (Management and Classified Employees) RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY MEETINGS UNTIL 7:00 P.M. The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Council Member Collene Campbell. ROLL CALL: PRESENT: Gil Jones, Mayor John Greiner, Mayor pro tem Collene Campbell, Council Member Wyatt Hart, Council Member David M. Swerdlin, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager; John Shaw, Interim City Attorney; Dawn Schanderl, Deputy City Clerk; Cynthia L. Pendleton, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Amy Amirani, Public Works Director; Al King, Community Services Director; Lt. Paul Sullivan, Orange County Sheriffs Department; and Bonnie Sanchez, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY Mayor Jones advised there was no action to report. INTRODUCTION, PRESENTATIONS AND DONATIONS RECOGNITION OF FLUIDMASTER INUS MAJOR SPONSORSHIP OF SAN JUAN SUMMER NITES CONCERT #2 FOR JULY 151998 (610.40) Written Communication: Report dated July 21, 1998, from the Economic Development Administrator, advising that Fluidmaster, Inc. had donated $2,000 to support the second San Juan Capistrano Summer City Council Minutes -1- 7121198 252 Nites Concert which had been held on Wednesday, July 15, 1998. The Report further advised that the Fluidmaster, Inc. name had been added to a perpetual plaque commemorating the San Juan Summer Nites Concert series' major sponsors. Mayor Jones presented a Certificate of Appreciation to Robert Anderson Schoepe, president, and thanked him for his generous support. 2. PRESENTATION OF 3,000 HOUR ASSOCIATED SENIORS ACTION PROGRAM SERVICE PIN - BOB GRIS WALD (610.40) Written Communication: Report dated July 21, 1998, from the Assistant City Manager, advising that Mr. Bob Griswald, a Charter Member of the Associated Seniors Action Program, had reached the milestone of providing 3,000 hours of volunteer service to the community since the beginning of his service in the Fall of 1992. It was also stated that he was the Coordinator for the Kiosk program. Council Member Campbell presented a pin to Bob Griswold in recognition of his wonderful service to the community. 3. SELECTION OF SAN JUAN CAPISTRANO DEPUTY OF THE YEAR (610.40} Written Communication: Report dated July 21, 1998, from the Assistant City Manager, advising that Deputy Frank Nin had been unanimously nominated by his supervisors for recognition as the 1997-1998 San Juan Capistrano Deputy of the Year. Mayor Jones recognized Deputy Frank Nin as the San Juan Capistrano Deputy of the Year and presented him with a plaque and certificate with gratitude from the City Council. 4. PRESENTATION OF DONATION BY PACIFIC BELL TO THE CAPISTRANO VALLEY BOYS AND GIRLS CLUB (610.40 Written Communication: Report dated July 21, 1998, from the City Manager, advising that Pacific Bell planned to present a donation to the Capistrano Valley Boys and Girls Club in order to further the Club's fund-raising efforts. Council Member Hart introduced the Pacific Bell representative who in turn presented the Capistrano Valley Boys and Girls Club with a donation of $9,500.00. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10} Council Member Greiner introduced the following persons in attendance: Joann de Guevara, Janice Palermo and Marie Buckner, Housing Advisory Committee; Don Tyron and Bill Hardy, Cultural Heritage Commission; and Al Simmons, Senior Liaison. City Council Minutes -2- 7121198 1 6. ACKNOWLEDGMENT OF DONATIONS (I500 Mayor Jones acknowledged a cash donation from Abbie Gail Weiser in support of landscaping improvements at the Mini Park on Camino Capistrano, and a cash donation from the San Juan Capistrano Friends of the Library in support of electrical enhancements at the Library courtyard. ORAL COMMUNICATIONS (CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS WHISPERING HILLS/GOLF COURSE DELETION 420.10 Anita Richards, 31902 Paseo Sagrado, expressed opposition to the use of City -owned property for a portion of the golf course in the proposed Whispering Hills development, and requested that the Council take the proposed golf course off the table by making a statement of opposition to the leasing of public land for such use. Addition of Item to A enda: Council Member Hart indicated that he would like the Council to consider taking up the matter that Ms. Richards spoke to an as off -agenda item. The City Attorney explained that the Council needed to make a finding of a need to take immediate action and that this need came to the attention of the Council following the Agenda distribution. The City Manager suggested the basis for the finding which was that the property was subject to the moratorium; the Developer's application included a golf course on City -owned land; and, that there was an immediate urgency to advise the developer whether the Council really wanted City -owned land to be used as a golf course in combination with the project before any further planning actions were initiated for this project. It was moved by Council Member Hart, seconded by Council Member Greiner, and unanimously carried to make the finding as expressed by the City Manager and to add the matter to the Council agenda. Council Member Hart stated that he would not be interested in leasing, selling or being involved in a partnership relating to a proposal to use 110 acres of City -owned land for development of a golf course in the proposed Whispering Hills development. He felt the City -owned land should remain open space. Council Member Greiner emphasized that just because a developer proposed something did not mean it would become reality; there were many processes to be completed before approvals were obtained. He concurred with Council Member Hart that the City -owned land should remain as unimproved open space. Statement Regarding Proposed Whispering Hills Golf Course on Cited: It was moved by Council Member Hart, seconded by Council Member Greiner, and unanimously carried that the City -owned land, which Concorde Development had included as part of a golf course in the proposed Whispering Hills Development, was to remain as unimproved open space. City Council Minutes -3- 7121198 233 254 CONSENT CALENDAR It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES OF JUNE 16, 1998 The Minutes of the Regular Meeting of June 16, 1998, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF JUNE 30 1998 300.30 The List of Demands dated June 30, 1998, in the total amount of $664,116.36, was ordered received and filed. 4. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT APPLICATIONS (440.10) The Report dated July 21, 1998, from the Planning Director, advising that seven new applications had been received since the last Report on June 16, 1998, was ordered received and filed. 5. AWARD OF CONTRACT - CITY_ BRIDGE REPAIRS (MD CONSTRUCTION GROUP) (CIP No. 117) (600.30 As set forth in the Report dated July 21, 1998, from the Director of Engineering and Building, the contract for City Bridge Repairs was awarded to the low responsible bidder, MD Construction Group, in the amount of $113,170.00. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 6. AUTHORIZATION TO RECEIVE INFORMAL BIDS - DESCANSO VETERANS PARK (CIP No. 465) (600.30) As set forth in the Report dated July 21, 1998, from the Director of Engineering and Building, Staff was authorized to receive informal bids for Descanso Veterans Park City Council Minutes -4- 7/21/98 255 improvements. The City Manager was authorized to execute the contract on behalf of the City. 7. ADOPTION OF RESOLUTION WAIVING WAIVE FORMAL COMPETITIVE BIDDING REQUIREMENTS - SAN JUAN CREEK ROAD WIDENING EAST OF LA NOVIA AVENUE 600.30 As set forth in the Report dated July 21, 1998, from the Director of Engineering and Building, the following Resolution was adopted determining an urgency existed to construct a continuous westbound right turn lane on San Juan Creek Road at La Novia Avenue: RESOLUTION NO. 98-7-2 1 - 1, DETERMINATION TO WAIVE FORMAL COMPETITIVE BID REQUIREMENTS - SAN JUAN CREEK ROAD WIDENING EAST OF LA NOVIA AVENUE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING TO WAIVE FORMAL COMPETITIVE BID REQUIREMENTS FOR CERTAIN WORK BASED UPON EMERGENCY CIRCUMSTANCES Staff was authorized to receive informal bids and the City Manager was authorized to execute a contract on behalf of the City. 8. APPROVAL OF AGREEMENT FOR ENGINEERING SERVICES - SCADA SYSTEM (CYBERNET CONSULTING LTD.) (600.30} As set forth in the Report dated July 21, 1998, from the Public Works Director, the contract for the SCADA System Enhancement Design with Cybemet Consulting, Ltd., in the amount of $94,560.00, was approved. 9. APPROVAL OF AMENDMENT NO.2 TO AGREEMENT FOR EXCHANGE OF FUNDS WITH ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA 600.50 As set forth in the Report dated July 21, 1998, from the Director of Engineering and Building, Amendment No. 2 to the Agreement for the Exchange of Funds with the Orange County Transportation Authority, was approved to reassign funding allocated to the realignment of railroad facilities at the San Juan Creek crossing, in the approximate amount of$1,134,339, to the following fourpriority projects: Pedestrian/Bicycle crossing at SanJuan Creek; Drainage and Access North of Stonehill (Lower Rosan); Commuter Parking Surveillance/Lot Metering (Depot); and, Railroad Bridge Realignment Design Completion. 10. APPROVAL OF DEVELOPMENT AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES - BURGER KING AND DEL TACO (27000 ORTEGA HIGHWAY) (ORTEGA II (600,30) As set forth in the Report dated July 21, 1998, from the Director of Engineering and Building, the Development Agreement for Construction of Water Facilities with Ortega II, City Council Minutes -5- 7121198 256 was approved. The Mayor and City Clerk were authorized to execute the Development Agreement on behalf of the City. 11, RECEIVE AND FILE CASH BALANCES BY FUND FOR APRIL 1998 330.50 The City Treasurer's Report of Cash Fund Balances for the month of April 1998 in the total amount of S3,3 85,057, 10 was ordered received and filed. 12. RECEIVE AND FILE INVESTMENTS AS OF JUNE 30 1998 350.30 The City Treasurer's Report of Investments as of June 30, 1998, in the total amount of, $21,312,034.14, was ordered received and filed. PUBLIC HEARINGS EXTENSION OF INTERIM URGENCY ORDINANCE NO. 817 SUSPENDING PROCESSING OF CERTAIN DEVELOPMENT APPLICATIONS TO ALLOW PREPARATION AND ADOPTION OF UPDATE TO GENERAL PLAN (440.25) Proposal: Consideration of extension of Interim Urgency Ordinance No. 817 suspending processing of certain development applications to allow preparation and adoption of an updated General Plan. Applicant: City of San Juan Capistrano Written Communications: (1) Report dated July 21, 1998 from the Planning Director, advising that at the City Council Meeting of June 16, 1998, an interim ordinance suspending the processing of certain development applications while the City conducted a comprehensive review of the City's General Plan had been adopted. The Report recommended that the City Council adopt an interim ordinance extension of 10 months and 15 days and direct Staff to continue the process of conducting and completing a comprehensive review of the existing General Plan. (2) Letter dated July 20, 1998, from Christine Diemer, the Chief Executive Officer for the Building Industry Association of Southern California, opposing the proposed Interim Urgency Ordinance. (3) Letter dated July 21, 1998, from Reed Royalty, Reed Royalty Public Affairs, Inc., 30205 Hillside Terrace, opposing the proposed Interim Urgency Ordinance. (4) Letter dated July 21, 1998, from Nick Cammarota, General Counsel for the Building Industry Legal Defense Foundation, opposing the proposed Interim Urgency Ordinance on behalf of Concorde Development, developers of the proposed Whispering Hills project. City Council Minutes -6- 7/21/98 1 1 1 (5) An undated letter from Gordon and Julie Barrus, 31516 Paseo Christina, supporting the Interim Urgency Ordinance. Mr. Tomlinson, Planning Director, made an oral presentation in which he noted that an extension to the Interim Urgency Ordinance was necessary in order to ensure that the comprehensive review would not be compromised with interim decisions on development applications. On June 16, 1998, the City Council had asked for additional information on the scope of work to be completed, the impact of the General Plan update on other planning projects, and the potential cost for conducting the General Plan update study. Mr. Tomlinson addressed those requests and advised that the scope of work had been forwarded to consulting firms; two responses had been received. Pending a complete review of the proposals received, he estimated the cost to conduct the update would be between $200,000.00 and $300,000.00, which the City Manager recommended be funded from the General Fund reserves. He noted that the proposed interim urgency ordinance was designed to support and complement the General Plan update process. It was advantageous to suspend decisions on major land use development applications until the General Plan update process was either complete or had reached a point that a determination could be made that the present designation on a piece of property would not be modified. It was anticipated that a significant amount of base line information would be presented in community workshops within the next 6 months. The workshops would assist in the identification of issues and the preparation of goals and policies in the future development of revised draft elements and land use alternatives. As the information was presented to the community, staff felt it would be appropriate for the Council to review the need to continue the interim ordinance provisions. He therefore, recommended a status report be forwarded to the Council in 180 days on the progress of the General Plan update. Mr. Tomlinson noted that two letters had been received from Chapters of the Building Industry Association. He indicated that both letters stated that provisions of the interim ordinance should not be approved, and as an alternative, recommended that any development not exempted from the ordinance be required to conduct a Specific Plan. He noted that Specific Plans are an implementation tool of a General Plan. He felt the BIA assumption was that a Specific Plan could be considered for a parcel of land and would establish the parameters for the General Plan. He stated this would be counter to the intent of having a General Plan. Courts had ruled that zoning documents were not to form the basis of designing general plans, but the reverse. Mr. Tomlinson further emphasized that this is the time to evaluate the goals and policies of the General Plan and to consider its appropriateness in light of today's conditions. Public Hearing: Notice having been given as required by law, Mayor Jones opened the public hearing, and the following persons responded: (1) Jack Heath, 26000 Estates Residents A Urgency Ordinance. City Council Minutes Avenida Aeropuerto, a member of the Capo Valley Mobile ssociation, spoke in support of the extension of the Interim -7- 7/21/99 257 258 (2) Jerry Franks, 28671 Paseo Bahia, spoke in support of the extension of the Interim Urgency Ordinance and explained that the concerned citizens showed their support by wearing red ribbons. (3) Al Simmons, 3232 Alipaz, Space 135, spoke regarding the proposed Saddleback Valley Christian School on Alipaz, noting it was not included in the moratorium. He requested additional review of the proposal, noting his preference that any rezoning of property be subject to the moratorium. His concerns included the increase in the number of students and traffic in an already crowded area. (4) Ed Hope, 30562 Hunt Club Drive, asked for clarification whether eliminating the use of City -owned land for the proposed Whispering Hills golf course would still leave the development subject to the moratorium. He was advised it would remain subject to the moratorium. (5) Nick Cammarota, General Counsel of the Building Industry Legal Defense Foundation, asked for a response to his letter of July 20, 1998, from the City Attorney. The City Attorney responded that there were three issues in Mr. Cammarota's letter; that the moratorium constitutes a taking of property; that CEQA review was required to analyze the impacts of the moratorium; and, that the moratorium violated the provisions of California Government Code Section 66474.2. In response to the first issue, the City Attorney advised that even under the moratorium there could be significant development on a piece of property. With regard to the second issue, he felt there was an exemption for the interim ordinance under the EIR process. With regard to the third issue, he indicated that the City was proceeding under Government Code Section 65858, which made it clear that the City had a legal right to look at General Plan, specific plan and rezoning changes. The City Attorney advised the letter was a late submittal; he would review the cases further and advise of any concerns. Mr. Cammarota stated he was not speaking on behalf of any one developer; his letter addressed general planning principles. He inquired which CEQA exemption applied to the City's action and was subsequently advised that the information would be provided to him outside of the Council meeting forum. (6) Mark Nielsen, 31621 Via Quixote, supported the moratorium and urged the Council and the community to be involved in the General Plan update process so that San Juan Capistrano remained the gem of south Orange County. (7) John Erksin, of the law firm of Nossaman, Guthner, Knox & Elliott, representing Concorde Development, submitted and briefly summarized a letter dated July 21, 1998, objecting to the extension of the interim ordinance. He felt the ordinance contained such an extensive list of exemptions that applying the ordinance provisions to the Concorde development was discriminatory spot zoning. (8) Ed Hope, of San Juan Capistrano, thanked Council and staff for an excellent job being done for the City. City Council Minutes -8- 7121198 259 There being no further response, Mayor Jones closed the Hearing with the right to re -open at any time. Council Comments: Council Member Campbell recited the issues that had convinced her of the need to suspend certain development application processing during review of the General Plan. She urged members of the audience to be personally involved in the process. Council Member Hart concurred with Council Member Campbell and stated that he had asked for this action to assure the quality of life for the residents. Council Member Swerdlin addressed the need for the moratorium in order to study the issues, such as traffic, schools, ridge line protection and density. He stated that this phase of development of San Juan Capistrano was critical in that it was the remaining 10% of the development of the City. Council Member Greiner also supported the interim urgency ordinance extension, stating that the General Plan had served the City well over a period of years and that it was now time to review and update it. Introduction of Ordinance Extending Interim Urgency Ordinance: The Deputy City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Swerdlin, seconded by Council Member Greiner, that the following Ordinance be adopted: URGENCY ORDINANCE NO. 822 EXTENSION OF INTERIM URGENCY ORDINANCE NO. 817 SUSPENDING THE PROCESSING OF CERTAIN DEVELOPMENT APPLICATIONS TO CONDUCT A REVIEW AND UPDATE OF THE GENERAL PLAN - AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NO, 817 WHICH SUSPENDED THE PROCESSING OF CERTAIN DEVELOPMENT APPLICATIONS IN ORDER TO CONDUCT A COMPREHENSIVE REVIEW AND UPDATE OF THE CITY'S ADOPTED GENERAL PLAN AND THE NEED TO INSURE THAT DEVELOPMENT APPLICATIONS ON LARGE, VACANT PARCELS ARE NOT CONSIDERED DURING THIS INTERIM PERIOD TO INSURE LONG-TERM LAND USE OPTIONS REMAIN AVAILABLE TO CREATE, MAINTAIN AND SUSTAIN A BALANCED AND VIABLE COMMUNITY BASED UPON THE FINDINGS THAT SUCH INTERIM REGULATIONS ARE NECESSARY TO RESPOND TO PUBLIC'S HEALTH, SAFETY AND WELFARE The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell, and Mayor Janes NOES: None ABSTAIN: None ABSENT: None City Council Minutes -9- 7/21/98 260 RECESS AND RECONVENE Council recessed at 8:07 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and reconvened at 8:08 p.m. ADMINISTRATIVE ITEMS None ORDINANCES ADOPTION OF ORDINANCE ADDING MASSAGE THERAPY AS A CONDITIONAL USE CONDITIONAL USE PERMIT -97-21 (NATURAL ALTERNATIVES (420.30 Written Communications: Report dated July 21, 1998, from the City Clerk, advising that the Ordinance was introduced at the meeting of July 7, 1998, and was scheduled for adoption. Adoption of Ordinance: The Deputy City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the following Ordinance be adopted: ORDINANCE NO. 823, AMENDING TITLE 9, CHAPTER 3, ARTICLE 4, SECTION 9-3.411(d) OF THE MUNICIPAL CODE - ACCESSORY MASSAGE AND MASSAGE THERAPY - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, CHAPTER 3, ARTICLE 4, SECTION 9-3.411(d) OF THE MUNICIPAL CODE BY ADDING SUBSECTION (7) TO PERMIT ACCESSORY MASSAGE AND MASSAGE THERAPY TO THE CT (TOURIST COMMERCIAL) DISTRICT AS A CONDITIONAL USE. The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell, and Mayor Jones NOES: None ABSTAIN: None ABSENT: None City Council Minutes -10- 7121198 261 COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill/Eastern and San Joaquin Hills Transportation Corridor (800.50) Council Member Campbell noted the need for extension of the Foothill Corridor to I-5 and her efforts to assure the ultimate location was the best for San Juan Capistrano to allow traffic relief for Ortega Highway. b. Southeast Regional Reclamation AuthoritySf ERR_A) {_1040.60) Mayor Jones stated that the Finance Committee had met on July 21, 1998, and the Executive Committee met on July 201. He indicated a report will be forwarded to the Council Members. C. Orange County Fire Authority(540.80 Council Member Greiner stated the Executive Committee and the full Board will meet on July 23, 1998. d. Orange County Waste Management Commission 810.10) Council Member Greiner stated the Commission met today with the Household Hazardous Waste Committee to consider new locations should the Hazardous Waste Recycling facility be moved from the Prima Deshecha site. e. Joint Powers Insurance Authority(170.30) Council Member Swerdlin stated the General membership meeting had occurred and that all current Executive Board Members had been re-elected. f. Orange County Vector Control District 560 Council Member Swerdlin noted that he had been elected Vice -Chair of the Personnel Committee. Vector of the month was the mosquito which carried St. Louis encephalitis and western equine encephalitis. COUNCIL COMMENTS COUNCIL CORRESPONDENCE 610.25 Council Member Campbell noted that two letters had been received expressing appreciation for the Council's actions. She requested that responses be prepared. City Council Minutes -11- 7121198 262 2. SOUTHERN EXTENSION OF FOOTHILL CORRIDOR (800.50) Council Member Hart noted that Congressman Ron Packard was working hard for completion of the road due to the need for traffic relief in San Juan Capistrano. Council Member Campbell expressed her appreciation to the Congressman for his support. 3. APPRECIATION FOR SUPPORT (610.25 Council Member Greiner expressed appreciation for the support he received from the community in response to his recent loss. 4. APPRECIATION FOR ATTENDEES (610„25 Mayor Jones expressed appreciation to the meeting attendees for their attention and the courtesy shown during the emotional issue discussed at this meeting. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:15 p.m. to the next regular meeting date of Tuesday, August 4, 1998, at 5:30 p.m. in the City Council Chambers. Respectfully submitted, CHERYL JOW4SOM, CITY CLERK City Council Minutes -12- 7121198