05-0315_CC_Minutes_Regular MeetingMINUTES
MARCH 15, 2005
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85)
A closed session was held for the following purposes, as authorized by Statute:
Pursuant to Government Code section 54956.9, the City Council conferred with
its legal counsel regarding the status of Scalzo v. City of San Juan Capistrano.
2. Pursuant to Government Code section 54596.9(b) (1), the City Council conferred
with its legal counsel regarding one matter.
Mayor Hart called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:01 p.m. in the City Council Chamber. Council Member Allevato
led the Pledge of Allegiance and Mayor pro tem Swerdlin gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Diane Bathgate, Joe Soto, Mayor pro
tem David M. Swerdlin, and Mayor Wyatt Hart.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: David Adams, City Manager; William M. Huber, Assistant City
Manager; Cynthia L. Russell, Administrative Services Director; Omar Sandoval, Deputy
City Attorney; Meg Monahan, City Clerk; Molly Bogh, Planning Director; Nasser
Abbaszadeh, Engineering and Building Director; Lt. J. B. Davis, Chief of Police
Services; William Ramsey, Principal Planner; Karen Crocker, Community Services
Manager; and Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Bathgate reported San Juan Basin Authority water quality testing at the
mouth of the San Juan Creek for a potential desalter project and to measure pollution.
Council Member Soto acknowledged serving as "Principal of the Day" at Kinoshita
School.
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Mayor pro tem Swerdlin announced the Vector of the Month, the Smokey Brown
Cockroach; and increased revenues from the San Joaquin Hills and the Foothill Eastern
Corridors, 9.4% and 4.9% respectively.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Manager, announced upcoming events related to
the Fiesta de las Golondrinas and St. Joseph Day, including several family oriented
events sponsored by the Mission San Juan Capistrano; the Swallows Day Parade and
Mercado sponsored by the Fiesta Association on March 19, 2005; and the Swallows
Day Pancake Breakfast, sponsored by Rotary and the Women's Club on March 19,
2005.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following individuals in attendance: Joann
de Guevara, Joanne Marquez, Marie Buckner, and Claude Vincent, Housing
Advisory Committee Members; Bob Cardoza, Gene Ratcliffe, Sheldon Cohen,
Planning Commissioners; Phillip Schwartze, former Mayor; and T. J. Meadows,
former Executive Director of the water company.
ORAL COMMUNICATIONS
Jeff Peo, City resident, requested that the wall approved between the Camino
Capistrano 2 Homeowner's Association and the JSerra High School be lowered from 8 -
feet high to 6 -feet high. Omar Sandoval, Deputy City Attorney, felt it may be difficult to
change the approval at this point. Molly Bogh, Planning Director, will be in contact with
Mr. Peo.
CONSENT CALENDAR
Council Action: Moved by Council Member Soto, seconded by Council Member
Bathgate and carried unanimously, 5-0, to approve items 1 through 8 as recommended
by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF FEBRUARY 15, 2005 APPROVED
AS SUBMITTED.
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3. ACCOUNTS PAYABLE WARRANTS DATED MARCH 3, 2005, IN THE
AMOUNT OF $955,900.65; AND PAYROLL WARRANTS DATED FEBRUARY
25, 2005, IN THE AMOUNT OF $348,612.38, RECEIVED AND FILED. (300.30)
4. PERFORMANCE BOND ASSOCIATED WITH THE AGREEMENT
ESTABLISHING SLOPE DISPLACEMENT WARRANTY PROGRAM FOR
TENTATIVE TRACT 14398, WITH CONCORDE DEVELOPMENT/SAN JUAN
VILLAS, L.P., AUTHORIZED FOR RELEASE. (600.30)
5. JOINT AGREEMENT FOR THE ORANGE COUNTY 800 MEGAHERTZ
SYSTEM APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE
AGREEMENT. (600.50)
6. CITY COUNCIL SUBCOMMITTEE RECOMMENDATION TO ALLOCATE
COMMUNITY ORGANIZATION GRANT PROGRAM FUNDS IN THE AMOUNT
OF $3,000 FOR FISCAL YEAR 2004-2005 FOR HIGH SCHOOL GRAD -NITS
ACTIVITIES AS FOLLOWS: $1,560 TO CAPISTRANO VALLEY HIGH SCHOOL;
$1,140 TO DANA HILLS HIGH SCHOOL; AND $300 TO SAN CLEMENTE HIGH
SCHOOL, APPROVED. (330.20)
7. AMENDMENT NO, 10 TO THE COOPERATIVE AGREEMENT NO. C-95-989
COMBINED TRANSPORTATION FUNDING PROGRAMS MASTER FUNDING
- AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY
(OCTA) APPROVED. (600.50)
8. CLAIM OF ARLENE BIRDSELL DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY. (170.70)
PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 7:13 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:11 p.m.
ADMINISTRATIVE ITEMS
G1. PLANNING DIRECTOR
a. URGENCY ORDINANCE NO. 903 ESTABLISHING A DEVELOPMENT
MORATORIUM TO ALLOW THE CITY TO INVENTORY HISTORIC
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STRUCTURES AND ESTABLISH ZONING STANDARDS FOR THE "MISSION
HILL -MISSION FLATS" AREA ADOPTED WITH REVISIONS. (460.30)
Description: The Interim Urgency Ordinance for the "Mission Hill -Mission Flats"
neighborhood was adopted April 15, 2003, and extended for one year on May 20,
2003, and again on April 2, 2004. The main purpose of the ordinance was to
prevent further development of higher density housing until new zoning
standards could be adopted to ensure new development is compatible with the
character of the neighborhoods. During assessment, staff determined that a
number of the existing homes in the neighborhoods are historically significant
and would quality for listing on the City's Inventory of Historic and Cultural
Landmarks (IHCL). Because staff's work cannot be completed prior to the
expiration of the ordinance, a new Interim Emergency Ordinance must be
adopted, which would be in effect for 45 days. Staff will return to the City Council
on April 19 to secure an extension of the new Interim Urgency Ordinance to allow
adequate time to complete the adoption process for the new zoning ordinance
provisions. Staff recommended adoption of the Interim Urgency Ordinance for
the "Mission Hill -Mission Flats" District to allow the City to inventory historic
structures and amend zoning regulations for the district.
Written Communications: Report dated March 15, 2005 by Molly Bogh,
Planning Director.
Presentation: William Ramsey, Principal Planner, summarized the staff
recommendation.
Molly Bogh, Planning Director, advised that staff is recommending the Don Juan
duplexes be subject to the moratorium. If Council prefers, minor language
changes may be made in the Ordinance that would allow the Don Juan duplexes
project to move forward in the approval process.
Public Comment:
T. J. Meadows, City resident, owns three properties in the area and was
concerned about formation of an ad-hoc committee without notice to property
owners. Molly Bogh, Planning Director, will add Mr. Meadows to the notification
list.
Richard Hill Adams, City resident, owns the Don Juan duplexes. He supported
the modifications to the ordinance that would allow the project to proceed.
Tom Entwistle, City resident, supported the ordinance without modification so the
Don Juan duplexes would be subject to additional review.
Angela Duzich, City resident, supported ordinance as originally proposed and
expressed opposition to the Don Juan duplexes due to intensity of use.
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Geoff Sumich, City resident, supported the ordinance as originally proposed, as it
is intended to discourage multi -family units.
John Lloyd, City resident, intends to buy the Don Juan duplexes from Mr. Adams.
Duplexes will be converted to condominiums in order to obtain financing. He
intends to omit the proposed single unit and convert it to open space and
believes the proposed CC&Rs will address many of the concerns voiced by
neighborhood residents.
Ed Nunes, City resident, supported the proposed ordinance without
amendments.
Council Discussion:
Council Members supported the language modifications that would allow the Don
Juan duplexes project to go forward as it would be unfair to subject the project to
additional review after it had already gone through the review process and been
approved.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN INTERIM
URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE SECTION
65858, ESTABLISHING A MORATORIUM ON NEW DEVELOPMENT AND
CONSTRUCTION WITHIN THE 'MISSION HILL — MISSION FLATS' PLANNING
AREA TO ENABLE THE CITY TO INVENTORY HISTORIC STRUCTURES AND
AMEND THE ZONING REGULATIONS FOR THE AREA."
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council
Member Soto, and carried unanimously, 5-0, to adopt Interim Urgency
Ordinance No. 903 establishing a development moratorium to allow the City to
inventory historic structures and establish zoning standards for the area
commonly known as "Mission Hill -Mission Flats" with the following amendments:
Page 2, Section 2 — (a)(1), add to the end of the first paragraph: "except for
projects that have valid land use approvals."
Page 2, Section 2 -- (a)(2), first sentence, insert "new" between "No" and
"applications"
ORDINANCES - None
COUNCILMANIC ITEMS - None
3-15-2005
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 8:58 p.m. to
Tuesday, April 5, 2005, 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,
MMQARET R. MONAHAN, CITY CLERK
: April 19, 2005
ATTEST: /
i
WYA ART, MAYOR
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