06-0703_CC_Minutes_Regular MeetingMINUTES
' JULY 3, 2006
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85) - None
Mayor Swerdlin called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:02 p.m. in the City Council Chamber. Council Member Bathgate
led the Pledge of Allegiance and Council Member Allevato gave the invocation. Mayor
Swerdlin dedicated the meeting in memory of Bill Murphy, former Public Works Director.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, Diane Bathgate, Joe Soto, Mayor Pro
Tem Sam Allevato, and Mayor David M. Swerdlin.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; John Shaw, City Attorney; Maria
Guevara, Deputy City Clerk; William M. Huber, Assistant City Manager; Cynthia L.
Russell, Administrative Services Director; Lt. Mike Betzler, Chief of Police Services;
Molly Bogh, Planning Director; Nasser Abbaszadeh, Engineering and Building Director;
' Karen Crocker, Community Services Director; and Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Soto reported attendance at a South County Material Recycling Facility
Site Search Committee meeting, formed to find a local material recycling facility, and he
was selected Chairman. He commended Cindy Russell, Administrative Services
Director, for her leadership role with the Rotary Club; and wished Bill Huber, Assistant
City Manager a Happy Birthday.
Council Member Diane Bathgate reported attendance at the Growth Management Areas
meeting for Measure M, commending Nasser Abbaszadeh, Engineering and Building
Director, for his report at the meeting.
Mayor Pro Tem Sam Allevato thanked Ziad Mazboudi, Senior Civil Engineer and Kathy
Holman, Ortega Equestrian Center, for creating a used horseshoe recycling program.
He also thanked staff for their fast response regarding a potential safety issue on a
residential sidewalk.
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Mayor Swerdlin reported attendance at the Transportation Corridor Agency 20th
Anniversary luncheon, Senior Volunteer Recognition dinner, Summer Nights concert,
Orange Council of Governments meeting, California Joint Powers Insurance Authority,
and a preview of the Capistrano Unified School District building.
NORTHWEST AREA STRATEGIES COMMITTEE REPORT - None
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced upcoming communitywide
events including the 4th of July celebration; the San Juan Little League season; the
Multi -Cultural Arts series; Music under the Stars at the Mission; and the annual
Shakespeare Festival.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Allevato introduced the following individuals in attendance: Joann
de Guevara, Housing Advisory Committee; Les Blair, Council Liaison to the San
Juan Seniors; retired Sheriff Brad Gates and former Mayor Phil Schwartz.
ORAL COMMUNICATIONS
Robert Schrank, City resident, voiced his concerns regarding option 3, 4 and 5 for the I-
5 and Ortega Interchange proposal.
Yvonne Tschaitowsky, City resident, felt that option 3, 4 & 5 for the 1-5 and Ortega
Interchange proposal will take away the small town character of the City; and
commended Nasser Abbaszadeh, Engineering and Building Director for his quick
response to her emails.
Steve Nelson, City resident, shared his concern about illegal immigration which he felt
contributes to crime and gang activity.
Trevor Dale, City resident, spoke in opposition to option 3, 4 & 5 for the 1-5 and Ortega
Interchange proposal and urged the Council to consider alternative measures for
improving traffic.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Council Member
Soto, and carried unanimously, 5-0, to approve items 1 thru 11, 13, 14 and 16 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
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2. MINUTES OF THE ADJOURNED JOINT MEETING WITH THE PLANNING
' COMMISSION OF MAY 30, 2006, APPROVED AS SUBMITTED.
3. MINUTES OF THE REGULAR MEETING OF JUNE 6, 2006, APPROVED AS
SUBMITTED.
4. CASH BALANCES BY FUND, MAY 31, 2006, RECEIVED AND FILED. (330.50)
5. RESOLUTION NO. 06-07-03-01, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTIMATING THE AMOUNT OF MONEY TO BE RAISED BY AD VALOREM
TAXATION IN THE CITY OF SAN JUAN CAPISTRANO DURING THE FISCAL
YEAR 2006/2007 FOR DEBT SERVICE AND REQUESTING THE LEVY OF A
TAX IN THE CITY OF SAN JUAN CAPISTRANO;" AND THE CITY CLERK
DIRECTED TO FORWARD A CERTIFIED COPY OF THE RESOLUTION TO
THE ORANGE COUNTY ASSESSOR AND AUDITOR/CONTROLLER OFFICES
FOR INCLUSION ON THE 2006/2007 TAX ROLLS. (390.80)
6. RESOLUTION NO. 06-07-03-02, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE SWANNER HOUSE COMPLEX
PAINTING/REPAIR CAPITAL IMPROVEMENT PROJECT (INSLEY
CONSTRUCTION, INC.)(CIP NO. 460)," ADOPTED; AND THE CITY CLERK
DIRECTED TO PROCESS THE RECORDING OF A PROJECT NOTICE OF
COMPLETION (600.30)
7. ONE VACANCY DECLARED ON THE HOUSING ADVISORY COMMITTEE;
AND THE CITY CLERK DIRECTED TO SOLICIT APPLICATIONS TO FILL THE
VACANCY. (110.20)
8. PERSONAL SERVICES AGREEMENT WITH KEETON KREITZER
CONSULTING IN THE AMOUNT OF $48,425, FOR PREPARATION OF
ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED DEL OBISPO
STREET CIRCULATION IMPROVEMENTS AND BRIDGE WIDENING
PROJECT, APPROVED. (CIP NO. 122)(600.30)
9. AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH AKM
CONSULTING ENGINEERS FOR A TOTAL OF $36,500, FOR THE RECYCLED
WATER MASTER PLAN UPDATE, APPROVED. (CIP NO. 778) (600.30)
10. PLANS AND SPECIFICATIONS FOR THE RANCHO SIERRA VISTA STORM
DRAIN REPLACEMENT PROJECT APPROVED; AND THE CITY CLERK
AUTHORIZED TO ADVERTISE THE PROJECT FOR COMPETITIVE BIDS. (CIP
NO. 412) (600.30)
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11. REPORT OF INVESTMENTS, MONTH ENDING MAY 31, 2006, RECEIVED
AND FILED. (350.30)
12. ACCOUNTS PAYABLE WARRANTS DATED JUNE 22, 2006; AND PAYROLL
WARRANTS DATED JUNE 16, 2006, RECEIVED AND FILED. (300.30)
This item was removed from the Consent Calendar to allow Council Member
Bathgate to abstain.
Council Action: Moved by Council Member Hart, seconded by Council
Member Soto and carried 4-0-1, with Council Member Bathgate abstaining, to
receive and file Accounts Payable Warrants dated June 22, 2006, in the amount
of $3,016,659.70; and Payroll Warrants, dated June 16, 2006, in the amount of
$260,345.14.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Hart, Soto, Mayor
Swerdlin
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate
13. SUPPLEMENTAL BUDGET APPROPRIATION FROM THE PARK AND
RECREATION FUND, IN THE AMOUNT OF $22,250, FOR THE HARRISON
HOUSE REHABILITATION AND PAINTING PROJECT, APPROVED; THE
PROJECT CONTRACT AWARDED TO THE LOW RESPONSIBLE BIDDER,
INSLEY CONSTRUCTION, INC, IN THE AMOUNT OF $112,250; AND ALL
OTHER BIDS REJECTED. (CIP NO. 456) (600.30)
14. RESOLUTION NO. 06-07-03-03, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO
SUPPORT THE SAN DIEGO GAS & ELECTRIC SUNRISE POWERLINK
PROJECT," ADOPTED. (1010.60)
15. RESOLUTION NO. 06-07-03-04 ADOPTED QUITCLAIMING EQUESTRIAN
EASEMENTS WITHIN CERTAIN CITY LOTS. (670.50)
This item was removed from the Consent Calendar to allow for public comment.
Written Communications: Supplemental Agenda Report dated July 3, 2006, by
Brian Ige, Engineering Assistant.
Public Comment: David Farell, City resident, voiced concern regarding liability
issues related to substandard maintenance in the past on the easement being
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quitclaimed over to him. Nasser Abbaszadeh, Engineering and Building Director,
' will meet with Mr. Farell to discuss the situation and report back. The quitclaim
easement for Mr. Farell's property, Lot 53, will be considered at a later meeting.
Council Action: Moved by Mayor pro tem Allevato, seconded by Council
Member Soto and carried unanimously, 5-0, to adopt Resolution No. 06-07-03-
04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, QUITCLAIMING EQUESTRIAN
EASEMENTS WITHIN LOTS 51, 52, 54, AND A PORTION OF LOT 55 OF
TRACT 9382 BELFORD TERRACE," and continue the quitclaim easement for
Lot 53 (Farell, APN 650-192-14), to a later meeting.
16. RESOLUTION NO. 06-07-03-05 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S CLASSIFICATION AND
COMPENSATION PLAN." ADOPTED. (700.20)
17. FINAL MAPS AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT
16634, WHISPERING HILLS ESTATES, APPROVED. (600.30)
This item was removed from the Consent Calendar to allow Mayor Swerdlin to
abstain.
' Council Action: Moved by Council Member Hart, seconded by Council
Member Soto and carried 4-0-1, with Mayor Swerdlin abstaining, to approve Final
Tract Map No. 16634 as it conforms to the requirements set forth in the
Subdivision Map Act and the Conditions of Approval for Vesting Tentative Tract
Map 16634; authorize the City Engineer and the City Clerk to execute the Final
Map; authorize the Mayor and City Clerk to execute the corresponding
Subdivision Improvement Agreement and accept the corresponding securities;
and direct the City Clerk to forward the Map and corresponding Subdivision
Improvement Agreement to the County Recorder.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Hart, Soto,
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Mayor Swerdlin
18. RESOLUTION NO. 06-07-03-06 ADOPTED ACCEPTING EASEMENTS FOR
' STREET AND UTILITY PURPOSES, STORM DRAIN PURPOSES, AND
RECREATIONAL TRAIL PURPOSES FROM WHISPERING HILLS LLC.
(670.50)
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This item was removed from the Consent Calendar to allow Mayor Swerdlin to
abstain.
Written Communications:
Supplemental Agenda Report dated July 3, 2006, by Sam Shoucair, Senior
Engineer.
Supplemental Agenda Report dated July 3, 2006, by Nasser Abbaszadeh,
Engineering and Building Director.
Council Action: Moved by Council Member Hart, seconded by Council
Member Soto and carried 4-0-1, with Mayor Swerdlin abstaining, to adopt
Resolution No. 06-07-03-06, entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING
STREET AND UTILITY EASEMENTS FOR VISTA MONTANA; A STREET AND
UTILITY EASEMENT FOR SECONDARY ACCESS TO SAN JUAN HILLS HIGH
SCHOLL AND TO CITY OPEN SPACE LAND AND FOR RECREATIONAL
TRAIL PURPOSES; AN EASEMENT FOR SEWER STORM DRAIN PURPOSES
ALL WITHIN ASSESSOR'S PARCEL NOS. 124-140-53, 124-223-21, 45, 81
AND 125-172-16 (WHISPERING HILLS LLC.);" authorize the Mayor and City
Clerk to execute the Resolution; and direct the City Clerk to forward the
easement deeds to the Orange County Recorders office.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Allevato, Bathgate, Hart, Soto,
None
Mayor Swerdlin
19. FINAL TRACT MAP NO. 16750, PACIFICA SAN JUAN APPROVED; AND
SUBDIVISION IMPROVEMENT AND SPECIAL 4(D) INTERIM HABITAT LOSS
IMPLEMENTATION AGREEMENTS AUTHORIZED FOR EXECUTION. (SJD
PARTNERS, LTD.) (600.30)
This item was removed from the Consent Calendar to allow for public comment.
Description: SJD Partners, LTD. has submitted the fifth Final Map No. 16750 for
City Council consideration and approval. The map, as well as grading and
improvement plans, has been reviewed by the Engineering Division and found to
be in substantial conformance with the Tentative Tract Maps and the Subdivision
Map Act. All bonds and fees have been submitted and paid and the developer
has signed the Subdivision Improvement Agreement and Special 4(d) Interim
Habitat Loss Implementation Agreement. All applicable conditions of approval
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required by Resolution No. 03-09-16-06 for Tentative Tract Map 15609 have
' been met. Staff recommended Council approve Final Tract Map 16750 as if
conforms to the requirements set forth in the Subdivision Map Act and the
conditions of approval for Vesting Tentative Tract Map 15609; authorize the City
Engineer, City Surveyor and the City Clerk to execute the Final Map; authorize
the Mayor and City Clerk to execute the corresponding Subdivisions
Improvement Agreement and accept the corresponding securities; authorize the
Mayor and City Clerk to execute the Special 4(d) Interim Habitat Loss
Implementation Agreement associated with the Tract Map No. 16750 and accept
the corresponding sureties; and direct the City Clerk to forward the Map and
corresponding Subdivision Improvement Agreement and the Special 4(d) Interim
Habitat Loss Implementation Agreement associated with Tract Map No. 16750 to
the County Recorder.
Written Communications:
Report dated July 3, 2006, by Sam Shoucair, Senior Engineer.
Supplementary Agenda Report dated July 3, 2006, by Nasser Abbaszadeh,
Engineering and Building Director.
Presentation: Nasser Abbaszadeh, Engineering and Building Director,
' summarized the staff report.
Public Comment:
Parviz Azar, City resident, requested this item be denied approval to avoid
naming the City in a lawsuit against SJD Partners, Ltd. regarding an exchange of
an easement for lots QJ and JJ, and the conditions placed on these lots.
Brad Gates, City resident, representing the applicant, stated that the properties
will be transferred after the final map is recorded.
Council Action: Moved by Mayor Pro Tem Allevato, seconded by Council
Member Hart, and carried unanimously, 5-0, to approve Final Tract Map No.
16750 as it conforms to the requirements set forth in the Subdivision Map Act
and the Conditions of Approval for Vesting Tentative Tract Map 15609; authorize
the City Engineer, City Surveyor, and the City Clerk to execute the Final Map;
authorize the Mayor and City Clerk to execute the corresponding Subdivision
Improvement Agreement and accept the corresponding securities; authorize the
Mayor and City Clerk to execute the Special 4(d) Interim Habitat Loss
Implementation Agreement associated with the Tract Map No. 16750 and accept
the corresponding sureties; and direct the City Clerk to forward the Map and
' corresponding Subdivision Improvement Agreement and the Special 4(d) Interim
Habitat Loss Implementation Agreement associated with Tract Map No. 16750 to
the County Recorder.
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PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 7:45 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting; and reconvened at 7:46 p.m.
ADMINISTRATIVE ITEMS
G1. ENGINEERING & BUILDING DIRECTOR
a. RESOLUTION NO. 06-07-03-07 ADOPTED GRANTING AN ADDITIONAL
PERIOD OF TIME TO THE SEPTEMBER 19, 2006 CITY COUNCIL MEETING
CONCERNING BELLADONNA ESTATES SUBDIVISION MEET AND CONFER
CONDITION. (420.40)
Council Member Soto excused himself from considering this item and left Council
Chambers.
Description: On December 20, 2005, the City Council adopted Resolution No. 5-
12-20-02 approving a tentative subdivision map for 31 lots, and included a
condition to allow the developers and affected neighbors to discuss a permanent
solution to the mutual sharing of access road maintenance obligations. Since the
original February 8, 2006, meeting, staff has not received any information from
the parties regarding a solution resulting from the private mediation process.
Staff recommended Council either adopt a resolution terminating the access road
meet and confer condition, or adopt a resolution granting a time extension.
Written Communications:
Report dated July 3, 2006, by John Shaw, City Attorney.
Letter dated July 3, 2006, from Marc Goldstein, Connor & Fletcher Attorneys at
Law, 2600 Michaelson Dr., Irvine, representing the Birtcher family, requesting a
90 day extension of the meet and confer condition.
Letter dated July 3, 2006, from Charles S. Krolikowski, Newmeyer & Dillion, LLP.
Attorneys at Law, 895 Dove St., Newport Beach, representing the Scalzo Family
Trust, requesting a 90 day extension of the meet and confer condition.
Presentation: John Shaw, City Attorney, summarized the staff report.
7-3-2006
Council Action: Moved by Council Member Hart, seconded by Mayor pro
' tem Allevato and carried 4-0-1, with Council Member Soto abstaining, to adopt
Resolution No. 06-07-03-07, entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
RESOLUTION No. 05-12-20-02 (BELLADONNA ESTATES) RELATING TO
MEET AND CONFER CONDITION OF APPROVAL."
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS
ORDINANCES - None
COUNCILMANIC ITEMS - None
ADJOURNMENT
Allevato, Bathgate, Hart, Mayor
Swerdlin
None
Soto
' There being no further business, Mayor Swerdlin adjourned the meeting at 7:50 p.m. to
Tuesday, July 18, 2006, 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,
`211
A GARET R. MONAHAN, CITY CLERK
August 1, 2006
DAVID M. SW DLIN, MAYOR
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