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98-1103_CC_Minutes_Regular Meeting351 NOVEMBER 3, 1998 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION (610.85) Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by statute: Pursuant to Government Code Section 54057.6, the City Council will Confer with its Labor Negotiator (City Manager) regarding Terms and Conditions of Employment (Classified Employees). 2. Pursuant to Government Code Section 54956.9, the City Council will confer with its Legal Counsel regarding Building Industry Legal Defense Foundation v. City of San Juan Capistrano. Pursuant to Government Code Section 54956.9, the City Council will confer with its Legal Counsel regarding the status of the Wanket construction claim. 4. Pursuant to Government Code Section 54956.9(b)(2)(A), the City Council will confer with its Legal Counsel regarding one matter. RECESS OF UNTIL 7:00 P.M. BUSINESS SESSION. The Regular Meeting of the City Council of the Cit, of San Juan Capistrano, California was caiied 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 Reverend Mark Barrett Ocean Hills Community Church. 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; Cheryl Johnson, City Clerk; Cynthia L. Russell, Administrative Services Director; Bill Ramsey, Senior Planner; William M. Huber, Engineering and Building Director; Amy Amirani, Public Works Director; Al King, Community Services Director; Lt. Bill Leonard, Orange County Sheriffs Department; and Bonnie Sanchez, Recording Secretary. City Council Minutes -1- 1113198 352 ANNOUNCEMENT OF CLOSED SESSION ACTIONS Mayor Jones announced there was no action to report on the Closed Session items. INTRODUCTIONS AND PRESENTATIONS INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Council Member Greiner introduced the following persons in attendance: Al Simmons, Seniors Liaison to the City; and Bill Hardy, Cultural Heritage Commission. ORAL COMMUNICATIONS (CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS AND THE CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS) None CONSENT CALENDAR It was moved by Council Member Hart, 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 OCTOBER 6,199 The Minutes of the Regular Meeting of October 6, 1998, were approved as submitted. RECEIVE AND FILE WARRANTS OF OCTOBER 8, 1998 (300.30 The List of Demands for accounts payable dated October 8, 1998, in the total amount of $850,270.68 was ordered received and filed. City Council Minutes -2- 1113198 333 4. RECEIVE AND FILE STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) The Report dated November 3, 1998, from the Planning Director, advising that six new development applications had been received since the last report, was ordered received and filed. ADOPTION OF _RESOLUTION,_ NOTICE OF COMPLETION AND FINAL REPORT - SAN JUAN CREEK ROAD NORTHSIDE WIDENING EAST OF LA NOVIA (R.J. NOBLE COMPANY)(600.30) As set forth in the Report dated November 3, 1998, from. the Director of Engineering and Building, the following Resolution declaring work complete at a total cost of $30,383.34, was adopted: RESOLUTION NO. 98-11-3-1, COMPLETION OF SAN JUAN CREEK ROAD NORTHSIDE WIDENING (STATION 55+64 TO 59+34) (R.J. NOBLE COMPANY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR SAN JUAN CREEK ROAD NORTHSIDE WIDENING (STATION 55+64 TO 59+34) PROJECT (R.J. NOBLE COMPANY) The Resolution accepted the construction of a continuous westbound right turn lane on San Juan Creek Road from the Tutor Time frontage to La Novia Avenue and directed the City Clerk to forward a Notice of Completion to the Orange County Recorder. StZ' v, -, authorized to release the 10% retention in the amount of $3,038.33, 35 days after recordation of the Notice of Completion. 6. ADOPTION OF RESOLUTION INITIATING AMENDMENT TO SECTION 9-2.309 - MODIFICATIONS TO TREE REMOVAL PERMIT REGULATIONS AND REVIEW PROCEDURES {420.30) As set forth in the Report dated November 3, 1998, from the Planning Director, the following Resolution initiating consideration of modifications to the existing tree removal permit process contained in Section 9-2.309 was adopted, noting that such action does not indicate future approval of the proposed amendment: CITY COUNCIL RESOLUTION NO. 98-11-3-2, INITIATING AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - TREE PRESERVATION AND REMOVAL APPLICATIONS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING AN AMENDMENT TO SECTION 9-2.309 OF THE MUNICIPAL CODE ENTITLED "TREE PRESERVATION AND REMOVAL APPLICATION" City Council Minutes -3- 11/3/98 354 7. ADOPTION OF RESOLUTION INITIATING GEOLOGIC HAZARD ABATEMENT DISTRICT 98-1 FOR TENTATIVE TRACT 14196 AND SETTING PUBLIC HEARING DATE (SJD PARTNERS, LTD/SUNCAL (345 As set forth in the Report dated November 3, 1998, from the Director of Engineering and Building, the following Resolutions declaring that the City is subject to the provision of Public Resources Code, Division 17 "Geologic Hazard Abatement Districts;" and, setting a time and date for public hearing for formation of a geologic hazard abatement district were adopted: RESOLUTION NO. 98-11-3-3, "GEOLOGIC HAZARD ABATEMENT DISTRICTS" - A RESOLUTION OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO DECLARING THAT THE CITY OF SAN JUAN CAPISTRANO IS SUBJECT TO THE PROVISION OF PUBLIC RESOURCES CODE, DIVISION 17, "GEOLOGIC HAZARD ABATEMENT DISTRICTS" RESOLUTION NO. 98-11-3-4 "GEOLOGIC HAZARD ABATEMENT _DISTRICTS" - SETTING PUBLIC HEARING (TRACT 14196/SJD PARTNERS LTD) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING SUFFICIENCY OF PETITION, DIRECTING NOTICE TO BE MAILED TO THE PROPERTY OWNER AND SETTING A TIME AND DATE FOR PUBLIC HEARING FOR FORMATION OF A GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO THE REQUIREMENTS OF PUBLIC RESOURCES CODE OF THE STATE OF CALIFORNIA, DIVISION 17 "GEOLOGIC HAZARD ABATEMENT DISTRICTS" (TRACT 14196/SJD PARTNERS, LTD) 8. DENIAL OF CLAIM OF TONY WANKET CONSTRUCTION, INC. FOR DAMAGES AND CONTRACT EXTENSION INCURRED (,170.101 As set forth in the Report dated November 3, 1998, from the City Attorney, the construction claim in the amount of $900,000 was denied. The following item was removed from the Consent Calendar at the request of Mayor Jones: APPROVAL OF TOLLING AGREEMENT - GORDON CAMMELL V. SJD PARTNERS LITIGATION MEREDITH CANYON 600.30 Written Communications: Report dated November 3, 1998, from the City Attorney, advising that homeowners affected by the May 21, 1998, Meredith Canyon landslide have initiated litigation against SJD Partners, Ltd, but have not included the City in the litigation at this point. The deadline for City Council Minutes -4- 1113198 355 filing a formal claim against the City as a prerequisite to filing of a lawsuit is on or about November 20, 1998. The homeowners have proposed deferring the legal deadline for approximately 3 years. The Tolling Agreement presented for consideration provides that the time period for action pursuant to the California Tort Claims Act will be tolled from and including May 21, 1998, to midnight, January 15, 2001; and extends the time in which the Claimants must commence a court action or lawsuit until July 15, 2001. Approval of Agreement: It was moved by Council Member Hart, seconded by Council Member Greiner and unanimously carried to approve the Tolling Agreement between the City and Gordon Cammell, et al. The Mayor was authorized to execute the Agreement. PUBLIC HEARINGS 1. APPROVAL OF RECOMMENDATIONS FOR INTENDED USE OF CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) GRANT FUNDS, FISCAL YEAR 1998-99 580.10 Proposal: Consideration of proposed use of funds appropriated to the City from the COPS grant funds. Applicant: City of San Juan Capistrano. Written Communication: Report dated November 3, 1998, from the Chief of Police Services, recommending that the City Council use the $70,G-)'2.76 appropriated by the COPS fund to again pay for a portion of the cost of the Deputy Sheriff added in the 1996-97 fiscal year. Lt. Leonard, Chief of Police Services, made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing and there being no further response, the Public Hearing was declared closed. Approval of Funds: It was moved by Council Member Campbell and seconded by Council Member Greiner and unanimously carried that the use of the State COPS Grant Funds of $70,032.76 to again pay for a portion of the cost of the Deputy Sheriff added in the 1996-97 fiscal year be approved. 2. APPROVAL OF AMENDMENT TO SECTION 9-3.619 OF THE MUNICIPAL CODE ENTITLED "COMMERCIAL AND NON-COMMERCIAL KENNELS" 42f 0.30) Proposal: Consideration of a proposed solution to address the keeping of more than 3 adult dogs in a residential district, provided the dogs had been licensed by the Orange County Animal Control for at least one year prior to the application for an exception or provided that City Council Minutes -5- 1113198 356 residents had recently moved into the City and had more than 3 dogs licensed by the applicable governing agency prior to City residency. Applicant: City of San Juan Capistrano Written Communication: Report dated November 3, 1998, from the Planning Director, advising that the Planning Services Department had received Animal Control Applications for households that had more than three dogs. Current provisions pertaining to residential districts restrict the number of dogs to no more than three over the age of four months. There is no administrative authority to approve the permit applications and and no other remedies are available without amending the Municipal Code. The Report noted that licensing is a function of the Orange County Animal Control and that Animal Control had not previously had the means to keep track of the number of dogs licensed at a specific address. Animal Control is now able to track licensing and thus the City became aware of the problem. Bill Ramsey, Senior Planner, made an oral presentation stating that the Planning Commission had forwarded a recommendation of approval to the City Council to establish an administrative exception process with specific criteria to allow the keeping of the existing number of registered dogs until the number of dogs are reduced by transfer of ownership or natural causes to three. Council Comments: Council Member Greiner inquired about the time limit applied to the ownership of more than three dogs and Mr. Ramsey responded that at some point in time, the exception process would not be necessary; it was a long-term permanent fix to a short-term problem. Public Hearing: Notice having been given as required by law, Mayor Jones opened the public hearing and the following persons responded: 1} Ronnie Chodos, 33025 Dolphin Court, stated that she had worked closely with Thomas Tomlinson in the drafting of this code amendment and that only a small number of people were in violation of the code. She asked for the Council's support on this issue. 2) Alan Lewis, 27991 Camino Santo Domingo, asked that the City Council support this issue. There being no further response, the Public Hearing was declared closed. Introduction of Ordinance Approving Amendment: The 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 City Council Minutes -6- 11/3/98 357 Greiner, seconded by Council Member Campbell, that the following Ordinance be introduced: AMENDING TITLE 9 OF THE MUNICIPAL CODE - COMMERCIAL AND NON-COMMERCIAL KENNELS- AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING SECTION 9- 3.619, ENTITLED "COMMERCIAL AND NON-COMMERCIAL KENNELS" OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None ADMINISTRATIVE ITEMS CITY MANAGER I. APPROVAL OF RECOMMENDATIONS OF THE NORTHWEST OPEN SPACE EQUESTRIAN FACILITY SUB -COMMITTEE (930.401 Written Communication: Report dated November 3, 1998, from the City Manager, advising that the City Council had referred two unsolicited offers to develop an equestrian stable operation on the City's Northwest Open Space area to the Equestrian Facility Sub -Committee and had asked the Sub -Committee to make a recommendation on how to handle unsolicited offers. The Report advised that the Sub -Committee had reviewed the offers and recommended that the Northwest Open Space Master Plan should be formally reviewed and updated. George Scarborough, City Manager, made an oral presentation. Approval of Recommendations from the Northwest Open Space Equestrian Ad Hoc Committee: It was moved by Council Member Campbell, seconded by Council Member Greiner and unanimously carried to adopt the recommendation of the Northwest Open Space Equestrian Facility Sub -Committee that the Northwest Open Space Master Plan should be formally reviewed to update and/or validate the Master Plan. The review should not occur until after the completion of the General Plan update to insure the updated General Plan provides a framework for the review of the Master Plan. Until the Master Plan is formally reviewed, no unsolicited offers to use the property should be considered. In the interim, the Northwest Open Space should remain open and only special events should be allowed to use the property consistent with City Council Policy 506. City Council Minutes -7- 11/3/98 358 PLANNING DIRECTOR APPROVAL OF CONSULTANT SELECTION FOR CONDUCTING THE GENERAL PLAN UPDATE (COTTON/BELAND ASSOCIATES) (600.30} Written Communication: Report dated November 3, 1998, from the Planning Director, advising that in June, the City Council had authorized Staff to distribute a request for proposal soliciting consultants for preparation of the General Plan update planning program. The proposal was sent to 25 planning firms with only two responses by July of 1998. The City then distributed a request for proposal to 12 additional firms and four qualified proposals had been received by the October 1, 1998 deadline. George Scarborough, City Manager, advised that based upon the conclusions of the interviews and the conducting of reference checks, it was recommended that Cotton/Beland Associates be selected as the consultant group to conduct the General Plan update study. Approval of Consultant Selection for Conducting the General Plan Update: It was moved by Council Member Hart, seconded by Council Member Campbell and unanimously carried to (1) approve the selection of Cotton/Beland Associates to conduct the General Plan update; (2) authorize the City Manager to complete the negotiation of the contract in an amount not to exceed $234,000; and, (3) authorize the transfer of $242,000 from the General Fund Reserve to fund the General Plan update. ORDINANCES None COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. San Juan Basin Authori 1050.60 Mayor Jones stated that the Authority had met last week and ratified the MOU to protect water rights as it related to the Metropolitan Water District agreement. b. Joint Powers Insurance Authori 170.30 Council Member Swerdlin noted that he had attended a risk management meeting in Santa Barbara last week and that the information had been given to the City Manager for distribution. Orange County Vector Control District (560.50 Council Member Swerdlin advised that last month's vector was biting horse flies. City Council Minutes -8- 11/3/98 1 COUNCIL COMMENTS 1. Employee Congratulations Council Member Campbell requested that a letter of congratulations be sent from the City Council to Larry and Mechelle Lawrence for the birth of their daughter. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:30 p.m., to the next regular meeting date of Tuesday, November 17, 1998, at 5:30 p.m. in the City Council Chambers. ATTEST: OHN GREINER MAYOR Respectfully submitted, CHERYL JO S , CITY CLERK City Council Minutes -9- 11/3/98 359