05-0405_CC_Minutes_Regular MeetingMINUTES
APRIL 5, 2005
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION1610.85]
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 the matter of Saddleback Valley Christian
School v. City of San Juan Capistrano.
2. Pursuant to Government section 54957.6, the City Council met with its negotiator
(Mayor) regarding salary negotiations with regard to the City Manager.
3. Pursuant to Government Code Section 54957.6, the City Council conferred with
its labor negotiator (City Manager) regarding labor negotiations with the San
Juan Capistrano Employees Association and Management.
Mayor Hart 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 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: William M. Huber, Assistant City Manager; Cynthia L. Russell,
Administrative Services Director; John Shaw, City Attorney; Meg Monahan, City Clerk;
Molly Bogh, Planning Director; Nasser Abbaszadeh, Engineering and Building Director;
Amy Amirani, Public Works Director; Sergeant Dan Dwyer, Orange County Sheriff
Department; Karen Crocker, Community Services Manager; and Eileen White,
Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Soto thanked city staff and the Rotary Club for sponsoring the
successful Easter Egg Hunt.
Mayor pro tem Swerdlin encouraged residents to take precautions to avoid exposure to
West Nile Virus.
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Council Member Bathgate announced she would be attending a South Orange County
Wastewater Authority meeting on Thursday, April 7, 2005.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Manager, announced upcoming events including
the "Youth in Business Day" and the City Cup Charity Golf Tournament hosted by the
San Juan Capistrano Chamber of Commerce on April 18, 2005, at the Marbella Golf
Course; and the Wind Festival, hosted by the Cities of San Juan Capistrano and Dana
Point, their two Youth Advisory Boards, San Juan Rotary Club, and Colors of the Wind
Kite shop on April 17, 2005, at the Sports Park.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following individuals in attendance: Joe
Drey and Gene Ratcliffe, Planning Commission; Marie Buckner, Housing
Advisory Committee; Don Tryon, Cultural Heritage Commission; Les Blair,
Council Liaison to the San Juan Seniors; and Ken Friess, former Mayor.
ORAL COMMUNICATIONS
The following residents spoke regarding a recent accident involving two teenage boys
occurring at the intersection of Paseo Christina and San Juan Creek Road and asked
the City to consider options to improve safety in that location: Jackie Stack, Donna &
Ken Friess, John Augustine, and Jo Casha. Sergeant Dan Dwyer, Orange County
Sheriff Department, reported the events of the accident and current status of the
preliminary investigation. Mayor Hart responded that the City would complete the
accident investigation and a traffic study and respond to area residents within 90 days.
Ken Friess, City resident, representing the American Cancer Society Relay for Life
event, provided information concerning the event scheduled for summer and requested
a representative from the City Council. Council Member Allevato volunteered to be the
City's representative at the event organization meetings.
CONSENT CALENDAR
Council Action: Moved by Council Member Soto, seconded by Council Member
Allevato and carried unanimously, 5-0, to approve items 1 through 8, 10 & 12 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF MARCH 1, 2005, APPROVED AS
SUBMITTED.
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3. PLANS AND SPECIFICATIONS FOR THE SAN JUAN CAPISTRANO
REGIONAL LIBRARY SITE REPAIRS APPROVED; AND STAFF AUTHORIZED
TO RECEIVE BIDS. (CIP NO. 454) (600.30)
4. BUDGET AMENDMENT TO THE FISCAL YEAR 2004-2005 CAPITAL
IMPROVEMENT BUDGET, TRANSFERRING $89,000 FROM CIP NO. 108, EL
CAMINO REAL SIDEWALK (HTC PARK) AND $130,000 FROM CIP NO. 118,
DOWNTOWN LIGHTING, TO CIP N0, 144, UNDERGROUND UTILITY
DISTRICT 99-01; PLANS AND SPECIFICATION FOR UNDERGROUND
UTILITY DISTRICT 99-01 APPROVED; AND STAFF AUTHORIZED TO
RECEIVE BIDS. (CIP NOS. 108,118 & 144) (600.30)
5. RESOLUTION NO. 05-04-05-01 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING AN AMENDED RECORDS RETENTION SCHEDULE AND
RESCINDING RESOLUTION NO. 85-8-6-8," ADOPTED. (160.60)
6. REPORT OF INVESTMENTS, MONTH ENDING FEBRUARY 18, 2005,
RECEIVED AND FILED. (350.30)
7. AGREEMENT WITH COUNTY HYDRANT & VALVE SERVICES FOR VALVE
AND FIRE HYDRANT MAINTENANCE SERVICES, IN THE AMOUNT OF
$30,000, APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE
AGREEMENT. (600.30)
B. RESOLUTION NO. 05-04-05-02 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING GRANT OF EASEMENT DEED (DONAHUE SCHRIBER REALTY
GROUP L.C.) (VON'S SHOPPING CENTER) (CIP# 758)" ADOPTED; AND THE
CITY CLERK DIRECTED TO PROCESS RECORDING OF THE DOCUMENT.
(LOT 35, TRACT NO. 103) (670.50)
9. AGREEMENT WITH DAVID VOLZ DESIGN FOR SERVICES IN
CONJUNCTION WITH THE LOS RIOS PARK MASTER PLAN PROJECT,
APPROVED. (CIP NO. 465) (600.30)
This item was removed from the agenda by Council Member Soto, who
commended staff for their selection of qualified design firm and aggressive
timetable.
Council Action: Moved by Council Member Soto, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to approve the agreement with
David Volz Design for providing services in conjunction with the Los Rios Park
master plan project, in the amount of $60,000.
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10. PROPOSED LICENSE AGREEMENT BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND CATHOLIC CHARITIES OF ORANGE COUNTY, INC., FOR
USE OF A PORTION OF THE STONE FIELD COMMUNITY BUILDING FOR
ADMINISTRATIVE PURPOSES, APPROVED. (CATHOLIC CHARITIES OF
ORANGE COUNTY, INC.) (600.30)
11. 100% OF THE FACILITY RENTAL FEES WAIVED FOR THE SAN JUAN
CAPISTRANO ROTARY CLUB FOR THE EASTER EGG HUNT. (390.30)
This item was removed from the Consent Calendar to allow Council Member
Soto to abstain.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro
tem Swerdlin, and carried 4-0-1, with Council Member Soto abstaining, to waive
100% ($250) of the facility rental fees for San Juan Capistrano Rotary Club for
the Easter Egg Hunt held at Historic Town Center Park on Saturday, March 26,
2005.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Swerdlin, Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Soto
12. AMENDMENT TO AGREEMENT WITH J. L. PATTERSON AND ASSOCIATES,
FOR ADDITIONAL DESIGN SERVICES FOR THE VEREDA BIKEWAY
UNDERCROSSING OF THE LOSSAN RAIL CORRIDOR, IN THE AMOUNT OF
$33,621, APPROVED. (CIP NO. 124) (J. L. PATTERSON AND ASSOCIATES)
(600.30)
13. ACCOUNTS PAYABLE WARRANTS DATED MARCH 17, 2005, IN THE
AMOUNT OF $1,214,704.26; PAYROLL WARRANTS DATED MARCH 11, 2005,
IN THE AMOUNT OF $295,161.24; AND PAYROLL WARRANTS DATED
MARCH 25, 2005, IN THE AMOUNT OF $352,039.34, 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 Soto, seconded by Council
Member Allevato, and carried 4-0-1, with Council Member Bathgate abstaining,
to receive and file Accounts Payable Warrants dated March 17, 2005, in the
amount of $1,214,704.26; Payroll Warrants dated March 11, 2005, in the amount
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of $295,161.24; and Payroll Warrants dated March 25, 2005, in the amount of
$352,039.34.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Soto, Swerdlin, Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate
PUBLIC HEARINGS
1. MULT1-FAMILY HOUSING NEW CONSTRUCTION SITE FEASIBILITY STUDY
ACCEPTED; AND STAFF DIRECTED TO SUBMIT THE STUDY TO THE
STATE OF CALIFORNIA (PLANNING AND TECHNICAL ASSISTANCE
COMMUNITY DEVELOPMENT BLOCK GRANT 03 -PTAH -0031) (430.20)
Description: With a Planning and Technical Assistance Grant from the State of
California, Mercy Housing California has completed a Site Feasibility Study, to be
submitted to the State following Council review. Staff recommended Council
accept the feasibility study as complete and direct staff to submit the study to the
State to complete the grant requirements.
Written Communications: Report dated April 5, 2005 by Molly Bogh, Planning
Director.
Presentation: Molly Bogh, Planning Director, summarized the staff report.
Mayor Hart opened the public hearing and there being no public testimony,
closed the public hearing.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Allevato, and carried unanimously, 5-0, to accept the Multi -Family
Housing New Construction Project Site Feasibility Study; and direct staff to
submit the study to the State of California to complete the requirements of the
Planning and Technical Assistance Grant.
2. CONSIDERATION OF TENTATIVE TRACT MAP (TTM) 16146, BELLADONNA
ESTATES, CONTINUED TO MAY 3, 2005, AT 7:00 P.M. (ASSESSOR'S
PARCEL NUMBER 121-181-08) (SCALZO FAMILY TRUST) (420.40)
Council Member Soto recused himself from consideration of this item due to a
business relationship with some of the parties involved.
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Joe Ferrentino, 895 Dove Street, Newport Beach, representing the Scalzo Family
Trust, requested a continuance of 30 days.
Written Communications:
Report dated April 5, 2005 from the Planning Department to the City Council
concerning the project, including attachments 1 through 5 and technical
appendices A through R; and supplementary information dated April 5, 2005 from
Meg Monahan, City Clerk.
Letters dated March 30, 2005 and April 1, 2005 from Newmeyer & Dillion LLP,
representing the Scalzo Family Trust, requesting a continuance of the public
hearing.
Letter dated April 4, 2005, from Conner & Fletcher, Attorneys at Law,
representing the Birtcher Family, supporting the Planning Commission
recommendation to deny the project.
Letter dated April 5, 2005, from the Hartigan Family, requesting additional
conditions concerning the private drive and street improvements to Del Obispo
Street.
Mayor Hart opened the public hearing.
Public Testimony:
Sharon Vanderlan, City resident, requested the project be scaled back to protect
the wetlands area.
Don Vanderlan, City resident, deferred comment until the continued public
hearing.
Karen Gartner, Laguna Niguel resident, representing the Richard Gartner Family,
requested a project consistent with Alternate #1 as current plans are invasive to
the canyon and environment; and requested protection of the easement.
Ed Connor, City resident, representing Art Birtcher, requested denial of the
project due to inadequate environmental documentation and Mr. Scalzo's breach
of terms in a previous license agreement.
John Shaw, City Attorney, recommended continuance of the item to May 3, 2005,
to allow the applicant to submit additional information regarding hydrology and
Department of Fish and Game documents.
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Council Action: Moved by Council Member Bathgate, seconded by Mayor
pro tem Swerdlin, and carried 4-0-1, with Council Member Soto abstaining, to
continue Tentative Tract Map (TTM) 16146, Belladonna Estates to the regular
meeting of May 3, 2005.
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Swerdlin, Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Soto
RECESS AND RECONVENE
Council recessed at 7:47 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:47 p.m.
ADMINISTRATIVE ITEMS - None
ORDINANCES - None
COUNCILMANIC ITEMS - None
— ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 7:50 p.m. to
Tuesday, April 19, 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,
T R. MONAHAN, CITY CLERK
May 3, 2005
ATTEST:
WY HART, MAYOR
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