04-0720_CC_Minutes_Regular MeetingMINUTES
JULY 20, 2004
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85): None
Mayor Soto called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:00 p.m. in the City Council Chamber. Council Member Allevato
led the Pledge of Allegiance and Council Member Swerdlin gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Ailevato, Diane Bathgate, David M. Swerdlin,
Mayor pro tem Wyatt Hart, and Mayor Joe Soto.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: David Adams, City Manager; William M. Huber, Assistant City
Manager; Cynthia L. Russell, Administrative Services Director; John Shaw, City
Attorney; Meg Monahan, City Clerk; Molly Bogh, Planning Director; Ray Holland, Interim
Engineering and Building Director; Amy Amirani, Public Works Director; Al King, Jr.,
Community Services Director; Lt, J. B. Davis, Chief of Police Services; Douglas
Dumhart, Economic Development Manager; Larry Lawrence, Consulting Project
Manager; Joe Mankawich, Associate Engineer; R. Anthony Foster, Engineering
Assistant; and Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Mayor Soto dedicated the City Council meeting to the late Bob Griswold, a member of
the Associated Seniors Action Program (ASAP) volunteers. As a charter member of
ASAP, he had logged over 5,500 volunteer hours in service to the city.
Council Member Swerdlin announced that the Joint Powers Insurance Authority would
be conducting elections at the July 21, 2004, meeting; and the Vector Control Board
would conduct a special meeting on July 22, 2004, to consider assessments.
Mayor Soto announced that The Friends of the Library would be holding a giant book
sale on July 31, 2004; and wished Council Member Swerdlin a Happy Birthday, coming
up on July 27, 2004.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Al King, Jr., Community Services Director, invited the public to attend the second San
Juan Summer Nites Concert scheduled for July 21, 2004, at Historic Town Center Park;
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the City -sponsored pet vaccination clinic on July 27, 2004, at City Hall; the 2nd Annual
Barn Dance on August 2, 2004, at Sycamore Trails; and advised the public to access
the sponsoring websites for details regarding musical concerts at the Mission San Juan
Capistrano and Shakespeare in the Park events.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. JOHN R. WILLIAMS AWARD PRESENTED TO PAULINE LEONARD. (610.40)
Council Member Bathgate recognized Pauline Leonard for her personal
commitment, involvement and spirit of citizen representation and participation in
community and government affairs and presented her with the John R. Williams
Award.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING. (110.10)
Mayor pro tem Hart recognized the following individuals who were in attendance:
Pauline Leonard; Sheldon Cohen and Joe Drey, Planning Commission; Marie
Buckner and Joann de Guevara, Housing Advisory Committee; Les Blair, Council
Liaison to the San Juan Seniors; and Phil Schwartze, former Mayor.
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Hart, seconded by Council Member
Swerdiin and carried unanimously, 5-0, to approve items 1, 2, 4, 5, & 10 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. CITY COUNCIL MINUTES APPROVED.
a. MINUTES OF THE REGULAR MEETING OF JUNE 15, 2004,
APPROVED AS SUBMITTED.
b. MINUTES OF THE SPECIAL MEETING OF JUNE 17, 2004, APPROVED
AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED JULY 8, 2004, IN THE AMOUNT
OF $728,204.61; AND PAYROLL WARRANTS DATED JULY 1, 2004, IN THE
AMOUNT OF $238,883.91, RECEIVED AND FILED. (300.30)
This item was voted on separately to allow Council Member Bathgate to abstain.
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Council Action: Moved by Mayor pro tem Hart, seconded Council Member
Swerdlin and carried 4-0-1, with Council Member Bathgate abstaining, to receive
and file accounts payable warrants dated July 8, 2004, in the amount of
$728,204.61; and payroll warrants dated July 1, 2004, in the amount of
$238,883.91.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Alievato, Mayor Soto
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate
4. CONTRACT FOR THE JUNIPERO SERRA ROAD RECONSTRUCTION, 1-5
NORTHBOUND RAMPS TO RANCHO VIEJO ROAD CAPITAL IMPROVEMENT
PROJECT AWARDED TO THE LOW RESPONSIBLE BIDDER, R. J. NOBLE
COMPANY, IN THE AMOUNT OF $98,876.52, AND ALL OTHER BIDS
REJECTED. (CIP NO. 120) (600.30)
5. RECEIPT OF ALL BIDS ACKNOWLEDGED; CONSTRUCTION AGREEMENT
FOR REMOVAL OF UNDERGROUND FUEL STORAGE TANKS AWARDED TO
FLEMING ENVIRONMENTAL INC., IN THE AMOUNT OF $38,746, FOR THE
REMOVAL OF UNDERGROUND FUEL STORAGE TANKS APPROVED; THE
MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT; AND THE CITY
MANAGER AUTHORIZED TO APPROVE NECESSARY CHANGES TO THE
AGREEMENT WITHIN THE BUDGET APPROVED FOR THE WORK. (CITY
YARD) (600.30)
6. REIMBURSEMENT AGREEMENT WITH MCI WORLDCOM NETWORK
SERVICES, INC. FOR THE CONSTRUCTION OF THE VEREDA BIKEWAY
UNDERCROSSING APPROVED. (CIP NO. 124) (600.30)
Ray Holland, Interim Engineering and Building Director, briefly reviewed the staff
reports for Consent Calendar items 6 through 9, and discussed the necessary
agreements with the agencies involved which must be approved prior to
construction of the undercrossing. Staff recommended approval of the
agreements.
Council Member Swerdlin thanked Cindy Quan, CALTRANS official, for her
assistance and support of this project.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to approve the Reimbursement
Agreement with MCI WorldCom Network Services, Inc. for the construction of the
Vereda Bikeway Undercrossing.
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7. LICENSE AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR THE CONSTRUCTION OF THE VEREDA BIKEWAY
UNDERCROSSING APPROVED. (CIP NO. 124) (600.50)
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to approve the License
Agreement with the Orange County Transportation Authority for the construction
of the Vereda Bikeway Undercrossing.
8. EASEMENT FOR RECREATIONAL TRAIL, STORM DRAIN, AND LANDSCAPE
PURPOSES FROM DONAHUE SCHRIBER FOR THE CONSTRUCTION OF
THE VEREDA BIKEWAY UNDERCROSSING WITHIN PLAZA DEL RIO (VONS)
APPROVED. (CIP NO. 124) (670.50)
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to approve the Easement for
recreational trail, storm drain, and landscape purposes from Donahue Schriber
for the construction of the Vereda Bikeway Undercrossing within Plaza del Rio
(Vons)
9. CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE SOUTHERN
CALIFORNIA REGIONAL RAIL AUTHORITY FOR THE CONSTRUCTION OF
THE VEREDA BIKEWAY UNDERCROSSING APPROVED. (CIP NO. 124)
(600.30)
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to approve the Construction
and Maintenance Agreement with the Southern California Regional Rail Authority
for the construction of the Vereda Bikeway Undercrossing.
10. PLANS AND SPECIFICATIONS FOR THE TERMINAL RESERVOIR NO. 3
PROJECT (CIP NO. 753) APPROVED; AND STAFF AUTHORIZED TO SOLICIT
BIDS FOR CONSTRUCTION. (CIP NO. 753) (600.30)
PUBLIC HEARINGS
1. ABANDONMENT OF AN IRREVOCABLE OFFER FOR STREET AND
HIGHWAY PURPOSES, 31831 PASEO CIELO (DEMOREST) CONTINUED TO
AUGUST 3, 2004. (670.50)
Meg Monahan, City Clerk, announced that staff was recommending this item be
continued to satisfy public noticing requirements.
Mayor Soto opened the public hearing.
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Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Swerdlin, and carried unanimously, 5-0, to continue Abandonment of an
irrevocable offer for street and Highway purposes concerning 31831 Paseo
Cielo, with the public hearing held open, to the August 3, 2004, meeting.
2. INTRODUCTION OF AN ORDINANCE APPROVING THE COMPREHENSIVE
DEVELOPMENT PLAN (CDP) 04-01 APPROVED; RESOLUTION NO. 04-07-20-
01 ADOPTED APPROVING VESTING TENTATIVE TRACT MAP 16634.
(WHISPERING HILLS LLC) (420.401460.20)
Description: Whispering Hills is a residential project consisting of 155 single
family lots divided into two neighborhoods. Adjacent uses include the new high
school currently under construction, vacant unincorporated land owned by
Rancho Mission Viejo, permanent open space owned by the City, and single
family residential neighborhoods. The project is conditioned to avoid or mitigate
potentially significant impacts identified in the Environmental Impact Report
(EIR); require road improvements, fair share payments, and payment of fees to
the Capistrano Circulation Fee Program (CCFP) to fund improvements
necessary to accommodate future traffic as identified in the Traffic Study; require
public recreation trails, construction of a utility service road, construction of a
private neighborhood park, and payment of in -lieu park fees; payment of in lieu
fees for affordable housing; and to construct the required infrastructure. Staff
recommended approval of the Ordinance approving Comprehensive
Development Plan 04-01 and approval of the Resolution approving Vesting
Tentative Tract Map 16634.
Written Communications: Report dated July 20, 2004, by Molly Bogh, Planning
Director.
Presentation: Larry Lawrence, Consulting Project Manager, reviewed the staff
recommendation.
Phil Schwartze, representing the applicant, noted his understanding and
agreement with the proposed conditions of approval; offered to return with a
proposal for an affordable housing project on an adjacent piece of property; and
provided detail of the proposed development.
Mayor Soto opened the public hearing and there being no public testimony,
closed the public hearing.
Meg Monahan, City Clerk read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A COMPREHENSIVE DEVELOPMENT PLAN FOR WHISPERING
HILLS ESTATES (CDP 04-01)."
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Council Action: Moved By Council Member Bathgate, seconded by Council
Member Allevato, and carried unanimously, 5-0, to approve first reading and
introduction of an Ordinance approving the Comprehensive Development Plan
(CDP) 04-01; and adopt Resolution No. 04-07-20-01, entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO
APPROVING VESTING TENTATIVE TRACT 16634 FOR WHISPERING HILLS
ESTATES SUBJECT TO CONDITIONS (WHISPERING HILLS) (CDP 04-01),"
with the following revisions:
Tentative Map Condition of Approval No. 1.25, revised to include the language
"The ridgeline equestrian trails shall be made available for public use on Sundays
when no grading equipment is active, starting the Sunday after final approval
(second reading) of the Comprehensive Development Plan (CDP) Ordinance by
the City Council. The ridgeline trails shall be made available for everyday public
use immediately after completion of mass grading of the east canyon, as
approved by the City Engineer;" and
The Comprehensive Development Plan Zoning and Tentative Subdivision Map
approvals to be conditioned upon the developer bringing back to the Council
a development plan for low and moderate income housing on the 4 acre parcel
described by the developer in his oral presentation.
RECESS AND RECONVENE
Council recessed at 7:48 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:49 p.m.
ADMINISTRATIVE ITEMS
G1. PUBLIC WORKS DIRECTOR
a. INTRODUCTION OF AN ORDINANCE RELATED TO PUBLIC WATER SUPPLY
BACKFLOW AND CROSS -CONNECTION CONTROL APPROVED. (TITLE 6)
(1050.80)
Description: In response to changes in State regulations, staff prepared an
updated Ordinance based upon a model cross -connection control ordinance
suggested by the American Water Works Association Manual 14. Staff
recommended adoption of the new Ordinance in order to comply with Title 17 of
the California Administrative Code.
Written Communications: Report dated July 20, 2004, by Amy Amirani, Public
Works Director.
Presentation: Joe Mankawich, Associate Engineer, summarized the staff report.
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Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
PERTAINING TO THE CONTROL OF BACKFLOW AND CROSS -
CONNECTIONS (TITLE 6)."
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to approve the first reading and
introduction of the Ordinance related to public water supply backflow and cross
connection control.
ORDINANCES
ORDINANCE NO. $94 AMENDING COMPREHENSIVE DEVELOPMENT PLAN
-- CDP 81-01, FORSTER CANYON PLANNED COMMUNITY, RESEARCH AND
DEVELOPMENT -OFFICE DISTRICT STANDARDS, ADOPTED. (600.30)
Mayor Soto and Council Member Bathgate recused themselves from this item
due to a business relationship with the applicant.
Description: A second reading and adoption of the Ordinance is necessary to
amend the Forster Canyon Planned Community standards. Staff recommended
Council adopt the Ordinance.
Written Communications: Report dated July 20, 2004, by Meg Monahan, City
Clerk.
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) 81-01,
FORSTER CANYON PLANNED COMMUNITY, "R&D" (RESEARCH AND
DEVELOPMENT -OFFICE) DISTRICT STANDARDS."
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Swerdlin, and carried 3-0-2, with Mayor Soto and Council Member
Bathgate abstaining, to adopt Ordinance 894 amending the Amending
Comprehensive Development Plan (CDP) 81-01, Forster Canyon Planned
Community, Research & Development -Office District Standards.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Allevato
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Mayor Soto, Bathgate
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COUNCILMANIC ITEMS ;
1. RESIDENTS APPOINTED TO THE YOUTH ADVISORY BOARD. (110.20)
Description: The Council Subcommittee, consisting of Mayor Joe Soto and
Council Member Diane Bathgate, appointed to review applications and make
recommendations to the City Council, have selected nominees to fill the Youth
Advisory Board vacancies.
Written Communications: Report dated July 20, 2004, by William M. Huber,
Assistant City Manager.
Presentation: Council Member Bathgate reviewed the. subcommittee
recommendations.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Allevato, and carried unanimously, 5-0, to appoint Melissa Bell, Laura
Canright, Derek DeCaro, Gianna DeCaro, Kirsten Erickson, Kayla Ferrari,
Jonathan Hasircoglu, Justin Kubassek, Martin Lopez, Vera Lugo, Matthew
McCormick, Harrison Taylor, Colin Trenbeath, and Patrick Trenbeath, as youth
members with terms ending August 31, 2005; and appoint Kenneth E. Friess and
Judith Ann Hurst as adult advisors.
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 7:56 p.m. to
Tuesday, August 3, 2004, at 5:00 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
ust 1 Z. 2004
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Jai
JOE SOTO. AYOR
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