06-1107_CC_Minutes_Regular MeetingMINUTES
' NOVEMBER 7, 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 7:04 p.m. in the City Council Chamber. Council Member Hart led
the Pledge of Allegiance and Mayor pro tem Allevato gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Diane Bathgate, Joe Soto, Wyatt Hart, Mayor pro
tem Sam Allevato, and Mayor David M. Swerdlin
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; Bill Huber, Assistant City Manager;
John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell, Administrative
' Services Director; Bill Cunningham, Interim Planning Director; Nasser Abbaszadeh,
Engineering & Building Director; John Elwell, Interim Public Works Director; Karen
Crocker, Community Services Director; Lt Mike Betzler, Chief of Police Services;
Douglas Dumhart, Economic Development Manager; Teri Delcamp, Historic
Preservation Manager; and Eileen White, Recording Secretary
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Soto reported attendance at an Associated Seniors Action Program
(ASAP) recognition luncheon and a Chamber luncheon for outgoing Supervisor Wilson.
Mayor pro tem Allevato reported attendance at an Orange County Transportation
Authority (OCTA) meeting, the opening of the Vereda Bikeway Under -Crossing; and a
memorial service for Kim Gould, local equestrian and environmentalist.
Mayor Swerdlin reported attendance at a Chamber luncheon for outgoing Supervisor
Wilson, the Associated Senior$ Action Program (ASAP) recognition luncheon, the
Vereda Bikeway opening, Transportation Corridor Agency meetings, and will attend an
upcoming Joint Powers Insurance Authority meeting.
Council Member Soto requested Council concurrence to direct staff to review the City's
' Municipal Code sections related io political signs. He suggested that the code sections
be reviewed for issues related to safety, vandalism, cost to enforce, and possible
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restricting of signs to designated areas within the public right-of-way. Council members
concurred with this direction.
NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Council Member Hart announced the committee meeting of December 4, 2006 and
advised the resident survey development process was underway with some preliminary
results available at the next meeting.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events including a workshop at the San Juan Capistrano Regional
Library; a Chamber networking mixer, events commemorating Veterans Day, and a
Christmas tree fundraising effort by the Capistrano Valley High School Aquatics Booster
Club to benefit the 1st Battalion 11th Marine Regiment.
INTRODUCTIONS PRESENTATIONS, AND DONATIONS
1. LONG TERM EMPLOYEE CINDY RUSSELL RECOGNIZED. (730.90)
Bill Huber, Assistant City Manager, recognized Cindy Russell for her twenty
years of service to the City and Mayor Swerdlin presented her with a Certificate
of Recognition.
2. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Allevato recognized the following individuals in attendance: Kathy
Hooper and Ilse Byrnes, Parks, Recreation and Equestrian Commission; Gene
Ratcliffe and Robert Cardoza, Planning Commission; Erin Kutnick,
Transportation Commission; Laura Freese, Housing Advisory Committee; Les
Blair, Council Liaison to the San Juan Seniors; Pat Antrim, Battalion Chief,
Orange County Fire Authority; Tony Forster, Gil Jones, and Phil Schwartze,
former Mayors; Steve Rios, former Planning Commissioner.
ORAL COMMUNICATIONS
Erin Kutnick, City Resident, thanked out -going Council Member Bathgate for her service
to the community; and thanked the Council, City Manager Dave Adams, and Kelly
Tokarski for their support of the of the Capistrano Valley High School Aquatics Team's —
Christmas Tree program, in which donors are encouraged to buy trees for donation to
Camp Pendleton families.
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Teri Garza, Librarian, San Juan Capistrano Regional Library, presented the Council with
a "Day of the Dead" documentary film.
Dani Morgan, Christian Science Society of San Juan Capistrano, City resident,
requested financial assistance with a youth mission project to build homes in Mexico.
Dave Adams, City Manager, gave her his contact information.
CONSENT CALENDAR
Council Action: Moved by Council Member Soto, seconded by Mayor pro tem
Allevato, and carried unanimously, 5-0, to approve items 1 through 9 & 11 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF OCTOBER 3, 2006, APPROVED
AS SUBMITTED.
3. CLAIM OF CATHY WELLINGTON AND JAY HERZOG (ROGER P. TOMALAS,
ATTORNEY AT LAW) DENIED BASED UPON THE INVESTIGATION AND
' RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY. (170.10)
4. CLAIM OF HILLEL PITLIIK DENIED, BASED UPON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY. (170.10)
5. ACCOUNTS PAYABLE 1(VARRANTS DATED OCTOBER 12 AND OCTOBER
26, 2006, IN THE TOTAL AMOUNT OF $3,437,683.90; AND PAYROLL
WARRANTS DATED OCTOBER 20, 2006, IN THE TOTAL AMOUNT OF
$270,108.46, RECEIVED AND FILED. (300.30)
6. CASH BALANCES BY FUND, DATED AUGUST 31, 2006, RECEIVED AND
FILED. (330.50)
7. RESOLUTION NO. 06-11-07-01 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 HARRISON HOUSE REHABILITATION AND
PAINTING CAPITAL IMPROVEMENT PROJECT COMPLETE (INSLEY
CONSTRUCTION, INC.) (CIP NO. 456)," ADOPTED; CONTRACT CHANGE
ORDER NO. 1, IN THE AMOUNT OF $1,200, ACCEPTED; CONTRACT
' CHANGER ORDER NO. 2, IN THE AMOUNT OF $2,525, ACCEPTED; THE
CITY CLERK DIRECTED TO PROCESS THE RECORDING OF THE PROJECT
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NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE
MAXIMUM 10% RETENTION, IN THE AMOUNT OF $8,330, 35 DAYS AFTER
RECORDATION. (CIP NO. 456)(600.30)
8. RESOLUTION NO. 06-11-07-02 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DETERMINING TO WAIVE FORMAL COMPETITIVE BID REQUIREMENTS
FOR THE PASEO CRUCERO WATERLINE REPLACEMENT," ADOPTED; AND
THE CITY MANAGER AUTHORIZED TO APPROVE THE IMMEDIATE
EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH, AND
PROPERTY. (CIP# 767) (600.30)
9. REPORT OF INVESTMENTS, MONTH ENDING SEPTEMBER 30, 2006,
RECEIVED AND FILED. (350.30)
10 CONSIDERATION OF AMENDMENT NO. 2 TO THE JOINT FACILITIES USE
AGREEMENT FOR INSTALLATION OF SYNTHETIC TURF (CAPISTRANO
UNIFIED SCHOOL DISTRICT) (MARCO FORSTER SPORTS FIELD NO. 3)(CIP
NO. 461) CITY COUNCIL PRIORITY #12A, WITHDRAWN FROM
CONSIDERATION. (600.50)
Dave Adams, City Manager, announced that staff was removing this item from
the Consent Calendar to allow staff and the school district time to resolve
outstanding issues.
11. PENDING CLAIMS OF KURT WUNDERLICH, JIM MIYASHIRO, SANDRA
BLACK, AND LARRY WELLING, DENIED BASED UPON THE
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN AND COMPANY. (170.10)
PUBLIC HEARINGS
APPEAL OF CONDITIONS 18 & 26 OF PLANNING COMMISSION'S
APPROVAL OF CONDITIONAL USE PERMIT (CUP) 06-01 (ZOOMARS),
UPHELD. (OMAR AND CAROLYN GONZALEZ) (APN 121-160-17 & -20)
(460.70)
Description: On September 12, 2006, the Planning Commission conditionally
approved CUP 06-01 and other entitlements to allow improvements to the
Zoomars project. The applicants are appealing two conditions attached to the
CUP, namely Condition 18, which requires elimination of the applicants'
proposed four foot fence down the centerline of River Street; and Condition 26,
which requires re -review of the proposed color palette by the Design Review
Committee (DRC). At the Planning Commission meeting staff supported
elimination of the fence due to its conflict with the intent and purposes of the Los
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' Rios Specific Plan as to vehicular access, and conflict with River Street's historic
designation and value as a road and footpath. Two Planning Commissioners
expressed reservations concerning the staff supported color palette resulting in
the adoption of a modified condition requiring DRC re -review of the color
scheme. Staff recommended Council determine whether to uphold the appeal
with respect to Conditions 18 & 26; and direct staff to prepare a resolution
reflecting the Council's determination to be brought back to Council for adoption
at its next regular meeting.
Written Communications:
Report dated November 7, 2006, by Teri Delcamp, Historic Preservation
Manager.
Letter dated October 29, 2006, from Ilse M. Byrnes, City resident, expressing
opposition to installation Of a fence on River Street as a fence would compromise
the historic integrity of the street.
Letter dated November, 2006, from Charles Krolikowski, Newmeyer & Dillion
aw
Attorneys at L, representing the owners of Ito Nursery Inc., property directly
adjacent to Zoomars, supporting elimination of the fence in order to preserve
vehicular access to the nursery from River Street.
I
Presentations:
Teri Delcamp, Historic Preservation Manager, presented the oral staff report,
explaining that the appeal involves just two issues: a) Whether the color palette
condition requiring a re -review by the Design Review Committee was
appropriate, and b) Whether the Planning Commission's determination to delete
the proposed 4 -foot fence, down the center line of River Street, should be
overturned.
With regard to the fence issue, she further explained that the staff
recommendation to the pity Council was to deny the fence proposal because
staff interprets the Los Rios Specific Plan to mean that such a fence would
conflict with page 10, item 2b of the Plan, and the fence would adversely
aesthetically affect a view -shed looking out onto River Street. Delcamp further
noted for the record that legal representatives for the adjoining Ito property had
raised the following objecjtions to the fence: The fence would impair the City's
ability to access a public drainage line in River Street; a City license agreement
was intended to allow the Ito's to permanently access their property from River
Street; and the fence would impair private easement access rights to River
Street. Delcamp stated as to each concern that: the Engineering staff reports
' that the fence would not in fact impair access to the City's drainage line and that
the City has no opposition to the fence on that basis; City Public Works staff
reports that the license agreement was intended only to allow the City to
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construct some asphalt work on a small portion of River Street; and the City does
not enforce private easement rights as a part of this zoning/use permit review
process such that this issue is a matter between two property owners.
Mayor Swerdlin opened the public hearing.
Public Testimony:
Carolyn Gonzalez and Omar Gonzalez, applicants and appellants, requested
Council's approval of the proposed fence and color palette.
Kent Snyder, attorney representing the applicants, Irvine, reviewed health,
safety, and access issues related to the use of River Street and asked the
council to support the appeal.
Charles Krolikowski, attorney representing the Ito Family, Newport Beach, stated
the proposed fence is inconsistent with the City's land use documents and
incompatible with the long term farm use. He referenced a safety study
indicating the area was safe without fencing and a license agreement implying
preservation of vehicular access on River Street.
Ilse Byrnes, City resident, felt that installation of a fence would conflict with the
historic nature of River Street.
Patricia Blanco, Dana Point resident and Ito Nursery employee, requested denial
of the appeal as the fence would impact the historic nature of the Ito nursery.
Natalie Garrett, Laguna Niguel resident, supported the appeal because the fence
would make the area safer.
Stephen Rio, Rios street resident, supported the appeal as the nursery trucks are
unsafe accessing the nursery from River Street.
Gil Jones, City resident, supported the Zoomar's appeal.
Tony Forster, President of the San Juan Capistrano Historical Society, stated
that the Historical Society would no longer need to access their property from
River Street.
Jacque Nunez, City resident, supported the appeal as the Zoomars business is a
benefit to the community.
Monica Mukai, Los Rios Street, supported the appeal to benefit the children and
community.
Mayor Swerdlin closed the public hearing.
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Council Comments:
' Council Members concurred that the color palette proposed is consistent with
applicable guidelines and does not warrant re -review by the Design Review
Committee, and upheld the applicant's appeal of Condition 26.
Council Members Hart, Bathgate, and Soto concluded that they could not agree
with the staff interpretation that the fence conflicted with page 10 of the Specific
Plan, or that the fence would impair the River Street view -shed. Council Member
Hart noted that the historical documents showed that River Street served only as
an Indian footpath and not a vehicular access point and that the fence certainly
would not physically interrupt the historical significance of the footpath on River
Street. Council Member'Bathgate expressed that the size of the fence and its
composition were low profile and not aesthetically offensive; Council Member
Soto noted that a close reading of page 10 of the Specific Plan indicated that the
vehicular circulation goal was to shift traffic off of Los Rios Street and then onto
Paseo Adelanto to better preserve the historic character of the Los Rios area
generally, and not necessarily to guarantee permanent access through River
Street. The Council Members also felt the fence would promote pedestrian
safety.
Council Member Allevato land Mayor Swerdlin opposed the applicants' appeal of
' Condition 18, concurring that the proposed fence does not conform to the area
specific plan; the Itos should have vehicular access from River Street to their
property; the River Streel footpath has evolved into a street and should not be
divided with a fence; and the applicants' actions to extend the animal pens
toward the street have contributed to the loss of pedestrian safety. They
suggested further study to seek a compromise solution among the Gonzales and
Ito families.
l
Council Actions:
Moved by Mayor pro tern Allevato, seconded by Council Member Hart and
carried unanimously, 5-0,1 to overturn Condition 26, eliminating the requirement
for re -review of the color palette by the Design Review Committee.
Moved by Council Member Hart, seconded by Council Member Soto and carried
3-2, with Mayor pro teo Allevato and Mayor Swerdlin against, to overturn
Condition 18, allowing the installation of a fence on River Street as proposed by
the applicant.
Staff to return to Council on November 21, 2006, with a resolution reflecting the
Council actions.
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ROLL CALL
AYES:
NOES:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Hart, Soto, Bathgate
Allevato, Mayor Swerdlin
None
2. JOINT PUBLIC HEARING: CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO AND THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY BOARD OF DIRECTORS (See the Community
Redevelopment Agency Minutes of 11/7/2006)
RESOLUTION NO. 06-11-07-03 ADOPTED APPROVING THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY'S DISPOSITION
AND DEVELOPMENT AGREEMENT FOR THE ADDITION OF 38 NEW UNITS
TO THE SEASONS APARTMENT COMPLEX (ASSESSOR'S PARCEL NO.
666-241-07), INITIATING AN AMENDMENT TO THE GENERAL PLAN LAND
USE ELEMENT FOR THE 1.2 ACRE PARCEL FROM "GENERAL
COMMERCIAL" TO "AFFORDABLE FAMILY/SENIOR HOUSING," AND
CERTIFYING THE PROJECT MITIGATED NEGATIVE DECLARATION; AND
$2,057,000 APPROPRIATED FROM THE HOUSING IN -LIEU FEE FUND
RESERVES TO FUND THE CITY'S SHARE OF THE PROJECT COSTS.
(SEASONS PHASE II)(APN 666-241-07)(DISPOSITION & DEVELOPMENT
AGREEMENT)(INITIATE GENERAL PLAN AMEN DMENT)(M ITIGATED
NEGATIVE DECLARATION) CITY COUNCIL PRIORITY #4A (600.30/440.25)
Description: Buie/Stoddard Properties (Buie) has offered to sell the Community
Redevelopment Agency its vacant parcel located adjacent to the Seasons Senior
Affordable Apartment complex (Seasons) for the purpose of developing
additional affordable housing. Seasons has submitted a plan to buy the property
from the Agency, and construct 30, one -bedroom and 8, two bedroom units, with
38 off-street parking spaces, for a total of 38 new affordable apartments added
to, and managed by, the existing apartment complex. Staff recommended City
Council and the Community Development Agency jointly receive public
testimony, followed by the Community Development Agency adopting a
resolution approving the Disposition & Development Agreement, and Purchase &
Sale Agreement; and City Council adopt a resolution approving the Disposition &
Development Agreement, initiation of a General Plan Amendment, and Mitigated
Negative Declaration.
Written Communications: Report dated November 11, 2006, by Douglas
Dumhart, Economic Development Manager.
Presentation: Douglas Dumhart, Economic Development Manager, summarized
the staff report and narrated a slide presentation.
11-7-2006
Chairman Soto opened the public hearing, and there being no public testimony,
' closed the public hearing.
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Allevato, and carried unanimously, 5-0, to adopt Resolution No. 06-11-07-
03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE SAN JUAN
CAPISTRANO REDEVELOPMENT AGENCY AND SEASONS SJC, L.P.,
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH, AND
INITIATING AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT
FOR APN 666-241-07," and appropriating $2,057,000 from the Housing In -lieu
Fund reserves to fund the City's share of the project costs.
ADMINISTRATIVE ITEMS - None
RECESS AND RECONVENE
Council recessed at 7:35 p.m.'1to convene to the San Juan Capistrano Community
Redevelopment Agency meeting] and reconvened at 8:12 p.m.
ORDINANCES - None
COUNCILMANIC ITEMS - None
ADJOURNMENT
I
There being no further business' Mayor Swerdlin adjourned the meeting at 9:24 p.m. to
Tuesday, November 21, 2006,t 5:30 p.m. for Closed Session, and 7:00 p.m. for the
Public Business Session, in the ity Council Chamber.
Respectfully submitted, /�
�. V
M�I G RET R. MONAHAN, CI CLERK
A pro ed: December 5, 2006
ATTEST:
YOR: Sam Allevato
9 11-7-2006