05-0419_CC_Minutes_Regular MeetingMINUTES
APRIL 19, 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 54957, the City Council reviewed the
performance of the City Clerk (this item was withdrawn and rescheduled).
2. Pursuant to Government Code section 54956.9(b)(1), the City Council conferred
with its legal counsel regarding the status of proposed building plans for Lot 64 of
Tract 9382.
3. Pursuant to Government Code section 54956.9(a), the City Council conferred
with its legal counsel regarding the status of the matter entitled Saddleback
Valley Christian School v. City of San Juan Capistrano, Orange County Superior
Court Case No. 03CC11368 and United States District Court Central District of
California Case No, CV04-6854 GPS (JTL).
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: 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; Nasser
Abbaszadeh, Engineering and Building Director; Lt. J. B. Davis, Chief of Police
Services; Karen Crocker, Community Services Manager; William Ramsey, Principal
Planner; Larry Lawrence, Consulting Case Planner; Mitzi Ortiz, Deputy City Clerk; and
Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Allevato encouraged residents to participate in the Leadership
Academy and recognized Diane Bathgate for initiating the program.
4-19-2005
Council Member Bathgate reported attendance at a South Orange County Wastewater
Authority (SOCWA) Finance Committee meeting and announced that SOCWA has
begun the recruitment process for a new general manager.
Council Member Soto announced his attendance at the 1st Annual Capistrano Valley
Wind Festival and thanked Karen Crocker, Community Services Manager, and Roger
Evans, owner of Colors of the Wind kite shop, for organizing the successful event. He
also wished his daughter Vanessa, and Dave Adams, City Manager, a Happy Birthday.
Mayor pro tem Swerdlin announced the Vector of the Month is Sand Fleas. He also
complimented Amy Amirani, Public Works Director, for the maintenance and repair work
done at the park on Calle Arroyo.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Manager, announced upcoming events hosted by
the City of San Juan Capistrano including the Earth Day Fair; Spring Fling Senior
Dance; an Education Fair hosted by the Capistrano Unified School District; and a
lecture and Historic Home Tour planned for May to celebrate National Preservation
Week.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
ENVIRONMENTAL ESSAY AWARD WINNER KATHERINE HAN
RECOGNIZED; ENVIRONMENTAL AWARENESS AWARDS PRESENTED TO
SIERRA VISTA EQUESTRIAN CENTER AND ORTEGA PROPERTIES; AND
APRIL 22, 2005, PROCLAIMED EARTH DAY (610.40)
Tom Wilson, 5th District Supervisor, recognized Katherine Han as winner of the
City's 1st Environmental Essay award and presented her with a certificate of
excellence and a $100 award; Ziad Mazboudi, Senior Civil Engineer, recognized
Rancho Sierra Vista Equestrian Center and Ortega Properties for outstanding
environmental and recycling efforts and presented their representatives with
certificates; Mayor Hart proclaimed April 22, 2005 Earth Day in San Juan
Capistrano.
2. MAY 1 THROUGH MAY 7, 2005 PROCLAIMED NATIONAL HISTORIC
PRESERVATION WEEK (610.40)
William Huber, Assistant City Manager, proclaimed May 1 through May 7, 2005
as National Historic Preservation Week and presented representatives of the
Friends of the Library with the proclamation.
2 4-19-2006
3. MAY 1 THROUGH MAY 7, 2005 PROCLAIMED NATIONAL PET WEEK AND
BE KIND TO ANIMALS WEEK (610.40)
Mayor Hart proclaimed May 1 through May 7, 2005 as National Pet Week and Be
Kind to Animals Week; and presented Phillip Schwartze, President of the
Capistrano Animal Rescue Effort, with the Proclamation.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following individuals in attendance:
Joanne Marquez and Joann de Guevara, Housing Advisory Committee; Joe Drey
and Sheldon Cohen, Planning Commission; Angela Duzich, Cultural Heritage
Commission; and Phillip Schwartze, former Mayor.
ORAL COMMUNICATIONS
Valerie Drey, City resident, representing the San Juan Capistrano Garden Club, spoke
regarding the City's use of chemicals to kill natural vegetation along La Novia off of
Valle Road and suggested replanting; and asked for clarification of the City's policy
regarding removal of foliage on its property. Dave Adams, City Manager, will follow up.
Tom Hribar, City resident, asked Council to abandon the open space lease negotiations
on La Novia and San Juan Creek Road and to preserve the open space for residents to
enjoy.
CONSENT CALENDAR
Council Action: Moved by Council Member Bathgate, seconded by Mayor pro tem
Swerdlin and carried unanimously, 5-0, to approve items 1, 2 & 4 through 10 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF MARCH 15, 2005 APPROVED AS
SUBMITTED.
3. PLANS AND SPECIFICATIONS FOR THE CAMINO CAPISTRANO BUS
TURNOUT APPROVED; AND STAFF AUTHORIZED TO RECEIVE BIDS. (CIP
NO. 135) (600,30)
This item was removed from the agenda by Council Member Soto, who
commended staff for implementing this project, which will enhance traffic flow on
Camino Capistrano and increase safety for students.
3 4-19-2005
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Swerdlin, and carried unanimously, 5-0, to approve plans and specifications
for the Camino Capistrano Bus Turnout Capital Improvement Project; and
authorize staff to receive bids.
4. RESOLUTION NO. 05-04-19-01 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH
APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
IMPROVEMENTS WORK WITHIN TRACTS 15858 AND 15998, VILLAGE
ALIPAZ (KB HOME COASTAL, INC.)," ADOPTED; CITY CLERK DIRECTED TO
PROCESS RECORDING OF THE NOTICE OF COMPLETION; AND
CORRESPONDING BONDS AUTHORIZED FOR RELEASE 35 DAYS AFTER
RECORDING. (600.30)
5. CONTRACT FOR MAJOR SEWER REPAIRS CAPITAL IMPROVEMENT
PROJECT AWARDED TO THE LOW RESPONSIBLE BIDDER, SOUTHWEST
PIPELINE AND TRENCHLESS CORP., IN THE AMOUNT OF $416,312.00; AND
ALL OTHER BIDS REJECTED. (CIP NO. 728) (600.30)
6. RESOLUTION NO. 05-04-19-02 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING 'NO PARKING 7 A.M. — 6 P.M. MONDAY — FRIDAY' ON THE
EAST SIDE OF ALIPAZ STREET SOUTH OF DEL OBISPO STREET,"
ADOPTED; AND RESOLUTION NO. 05-04-19-03 ENTITLED "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING 'NO PARKING ANYTIME' ON THE EAST SIDE
OF ALIPAZ STREET SOUTH OF DEL OBISPO STREET," ADOPTED. (570.30)
7. RESOLUTION NO. 05-04-19-04 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING `NO PARKING LOADING ZONE 7 A.M. — 6 P.M. MONDAY —
FRIDAY' ON THE EAST SIDE OF ALIPAZ STREET SOUTH OF DEL OBISPO
STREET NORTH OF THE MISSION POINTE DRIVEWAY," ADOPTED (570.30)
8. AMENDMENT NO. 1 TO AGREEMENT NO. 12-469 WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION EXTENDING THE TIME PERIOD
FROM 2005 TO 2007 FOR ENVIRONMENTAL MITIGATION OF THE
PROPOSED REALIGNMENT OF THE NORTHBOUND ON-RAMP TO
INTERSTATE 5 AT STONEHILL DRIVE. (CALIFORNIA DEPARTMENT OF
TRANSPORTATION) (600.50)
9. ACCOUNTS PAYABLE WARRANTS DATED MARCH 31, 2005, iN THE
AMOUNT OF $1,283,934.41; AND PAYROLL WARRANTS DATED APRIL 8,
2005, IN THE AMOUNT OF $252,958.47, RECEIVED AND FILED. (300.30)
4 4-19-2005
10. FIVE-YEAR AGREEMENT WITH DIEHL, EVANS & COMPANY FOR AUDIT
SERVICES FOR FISCAL YEARS ENDING JUNE 30, 2005, THROUGH JUNE
30, 2009, FOR $130,747, APPROVED. (600.30)
11. CONDITIONAL USE PERMIT FEE WAIVER REQUESTED BY SOUTH
ORANGE COUNTY COMMUNITY THEATRE DENIED (390.30)
This item was removed from the Consent Calendar to allow for public comment.
Description: South Orange County Community Theatre (SOCCT) requested a
fee waiver, in the amount of $2,500, for processing a Conditional Use Permit
(CUP) for the purpose of dispensing alcoholic beverages at their performances.
The $2,500 is a developer deposit to which Staff charges their time for preparing
reports, analyzing information, responding to other agencies, and presenting
information to advisory board and commissions. Actual costs to the developer
may be more or less than the deposit, resulting in either a refund or additional
charges. Staff recommends denial of the fee waiver for the CUP.
Presentation: Molly Bogh, Planning Director, advised that staff is recommending
denial of the fee waiver because the South Orange County Community Theatre
(SOCCT) receives benefits from the City in the form of subsidized rents; and the
determination that serving alcohol to Playhouse patrons does not constitute a
public benefit to the community.
Public Comment:
.lack Campbell, City resident, requested approval of the fee waiver due to the
number of visitors the Camino Real Playhouse draws to the downtown area.
Gary McCarver, Board Member of the Camino Real Playhouse, described the
benefits of providing wine at intermission and requested approval of the fee
waiver.
Laura West, City resident, spoke in support of the fee waiver.
Tom Scott, City resident, described the improvements the Playhouse has made
to the building, listed the opportunities the Playhouse provides to the community,
and requested approval of the fee waiver.
Council Action. Moved by Council Member Soto, seconded by Mayor pro
tem Swerdlin, and carried unanimously, 5-0, to deny SOCCT's request for a fee
waiver for processing a Conditional Use Permit.
4-19-2005
PUBLIC HEARINGS
URGENCY ORDINANCE NO. 904 ADOPTED EXTENDING INTERIM
URGENCY ORDINANCE 903 CONCERNING "MISSION HILL–MISSION
FLATS" (460.30)
Description: Urgency Ordinance No. 889 was adopted by the City Council on
April 6, 2005 to prevent development of higher density housing such as duplexes
and multi -family housing until such time as new zoning standards could be
adopted to assure that new development is compatible with the character of the
"Mission Hill -Mission Flats" District. During staff's assessment, staff determined
that the historical significance of a number of existing homes in the area warrants
further study. Ordinance No. 889 expired on April 14, 2005, On March 15, 2005,
the City Council adopted a new Interim Urgency Ordinance to include the historic
significance issue. Staff recommends the City Council adopt an extension of the
Interim Urgency Ordinance for a period of ten (10) months and fifteen (15) days
to allow completion of the zoning study.
Written Communications: Report dated April 19, 2005 by Molly Bogh, Planning
Director.
Presentation: William Ramsey, Principal Planner, summarized the staff report.
Public Testimony:
Tom Entwistle, 31382 Don Juan Avenue, thanked the Planning Department staff
and supported the extension of the ordinance.
Angela Duzich, 31372 Don Juan Avenue, thanked the city for listening to the
residents and preserving the neighborhood.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN ,JUAN CAPISTRANO, CALIFORNIA,
ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858,
EXTENDING A MORATORIUM ON NEW DEVELOPMENT AND
CONSTRUCTION WITHIN THE `MISSION HILL—MISSION FLATS' PLANNING
AREA FOR A PERIOD OF TEN (10) MONTHS AND FIFTEEN (15) DAYS 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 Urgency Ordinance No.
904 providing for an extension of ten (10) months and fifteen (15) days for the
"Mission Hill–Mission Flats" District to allow the City to inventory historic
structures and amend zoning regulations for the district.
6 4-19-2005
2. INTRODUCTION AND FIRST READING OF AN ORDINANCE REZONING
CERTAIN PROPERTIES ON MONARCH DRIVE AND CAMINO LA RONDA.
(APN: 650-451-07 & 08; 650-452-01 to 03; 650-461-01 to 17; 650-471-01 to 03;
650-972-02; AND 666-071-02 to 04) (460.20)
Description: Capistrano Royale Homeowners Association and three property
owners along Camino La Ronda requested approval of a zoning map
amendment to change their zoning designations from "RS -10,000" to "RSE-
20,000." The intent of the zone change is to reestablish the right of the affected
properties to develop private equestrian facilities on their properties. Staff has
determined the zone change is consistent with the criteria established by the City
for evaluating zoning map amendment proposals. Staff recommended Council
approve first reading and introduction of an ordinance amending the Official
Zoning Map to change the zoning of properties located at 29522-29841 Monarch
Drive; and at 28072, 28102, and 28122 Camino La Ronda from the "RS -10,000"
to the "RSE-20,000" Zone District.
Written Communications: Report dated April 19, 2005 by Molly Bogh, Planning
Director.
Presentation: William Ramsey, Principal Planner, summarized the staff report.
Public Testimony:
George Reiner, City resident, President of Capistrano Royale Homeowners
Association, requested approval of the zone change.
Roger France, City resident, requested approval of the zone change to allow
residents to continue their equestrian lifestyle.
Jonathan Wood, City resident, thanked staff for working to correct the zoning and
requested approval of the zone change.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE OFFICIAL ZONING MAP FROM 'RS -10,000' TO 'RSE-20,000'
FOR CERTAIN PROPERTIES IN THE CAPISTRANO ROYALE AND LOS
CORRALES NEIGHBORHOODS (CAPISTRANO ROYALE HOMEOWNERS
ASSOCIATION) (REZONE 04-08)."
Council Action: Moved by Council Member Allevato, seconded by Council
Member Bathgate, and carried unanimously, 5-0 to approve first reading and
introduction of an ordinance amending the Official Zoning Map to change the
zoning of properties located at 29522-29841 Monarch Drive; and at 28072,
28102, and 28122 Camino La Ronda from the °RS -10,000" to the "RSE-20,000"
Zone District.
7 4-19-2005
3. ZION -- VISTA SAN JUAN OFFICE PROJECT: REZONE RZ 04-03,
TENTATIVE TRACT MAP 16628, AND APPEAL OF PLANNING COMMISSION
DENIAL OF ARCHITECTURAL CONTROL AC 04-07, WITHDRAWN BY
APPLICANT. (ZION ENTERPRISES) (APN 650-011-34 & 39)
(410.60/420.40/460.20)
Council Member Soto recused himself from considering this item due to proximity
of his residence to the proposed development.
Description: The application is for development of a medical and professional
office project of approximately 70,100 square feet on the east side of Rancho
Viejo Road north of Spotted Bull Lane. The project consists of five buildings on
approximately 9.6 acres and includes two two-story buildings, three one-story
buildings, a zoning adjustment to exceed the height limit for a tower element, and
a zone change to add "medical office" uses to the approved Comprehensive
Development Plan for the site. The City's Planning Commission reviewed the
project at its meetings on January 11, February 8, and March 8, 2005, and
recommended denial due to potential negative impacts as a result of the project's
density and incompatibility with surrounding uses. Staff recommended Council
deny the appeal and uphold the Planning Commission denial of AC 04-07, and
deny Rezone RZ 04-03 and Tentative Tract Map TTM 16628.
Written Communications:
Report dated April 19, 2005, by Molly Bogh, Planning Director.
Letter dated April 13, 2005, from Thomas C. Rogers, City resident, opposing the
proposed project due to negative impacts to surrounding residences.
Letter dated April 14, 2005, from Save Our San Juan supporting a 30 -day
continuance of the agenda item to allow for community meetings.
Letter dated April 18, 2005, from Save Our San Juan, reiterating its request for a
30 -day continuance.
Petition dated April 17, 2005, from Mr. and Mrs. Mazorow; Mr. and Mrs. Tom
Rogers; Mr. and Mrs. Randy Clark; and Mrs. Carol Soto, requesting Council deny
the request for a continuance and follow the staff recommendation.
Letter dated April 18, 2005, from Herbert and Carmen Mazorow, asking for
mitigating measures to reduce impacts to surrounding residences.
Presentation: Larry Lawrence, Consulting Case Planner, summarized the staff
report. He acknowledged receipt of a letter from the applicant, handed to him
immediately before this presentation, withdrawing the application from
consideration.
9 4-19-2005
Public Testimony:
Jerry Williams, City resident and president of Village of San Juan Homeowners
Association, supported denial of the project due to increased traffic in an area
already overburdened with traffic.
George Reiner, City resident and president of Capistrano Royale Homeowners
Association, supported denial of the project due to traffic impacts.
Liz Elliot, City resident, opposed the project due to traffic impacts.
Peter Levin, City resident, asked Council to deny this project but is not opposed
to eventual development of the site.
Ron Hitter, City resident, opposed the project due to concerns regarding traffic,
noise and egress into his neighborhood.
Horace Rhoden, City resident and Summerwalk Homeowners Association
Boardmember, opposed the project due to traffic impacts.
Bob Messersmith, City resident, supported denial of the project as presented. He
stated that additional mitigation measures to reduce impacts to the neighbors
may make the project feasible.
Randy Clark, City resident, opposed the project as presented because it is
incompatible with the existing neighborhoods.
Tom Rogers, City resident, supported denial of the project and requested that
any further submittals for the property include traffic mitigation measures
imposed by the Transportation Commission.
Herb Mazorow, City resident, opposed the project.
Bob King, City resident and Save Our San Juan President, supported the 30 -day
continuance to allow resolution of outstanding issues with adjacent neighbors.
Carol Soto, City resident, requested Council uphold the Planning Commission
denial and deny their request for a continuance in order to establish guidelines
for future development of the site.
Council Discussion: Council Members encouraged the residents to work together
with the developer to devise a plan that is acceptable to all parties involved.
9 4-19-2005
Council Action: Moved by Mayor Hart, seconded by Mayor pro tem Swerdlin,
and carried 4-0-1, with Council Member Soto abstaining, to acknowledge the
applicant's request for withdrawal and termination of project.
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
RECESS AND RECONVENE
Allevato, Bathgate, Swerdlin, Mayor
Hart
None
Soto
Council recessed at 9:06 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 9:06 p.m.
ADMINISTRATIVE ITEMS
G1. ENGINEERING & BUILDING DIRECTOR
a. INSTALLATION OF ALL -WAY STOP SIGNS AND MARKED CROSSWALK AT
RANCHO VIEJO ROAD AND PASEO ESPADA DENIED (590.50)
Description: Residents of the Villa Paloma and Seasons Senior Apartments
submitted a letter and petition requesting the City install an all -way stop sign
and/or crosswalk at Rancho Viejo Road and Paseo Espada. Staff recommended
denial of the stop signs because the intersection does not meet the necessary
criteria. Staff recommended denial of the marked crosswalk because it is not
justified and may create a more dangerous condition at this intersection. At their
March 9, 2005, meeting, the Transportation Commission considered the requests
and agreed with the staff recommendation to deny the all -way stop signs. Based
on testimony heard that evening, the Commission determined a crosswalk was
justified and recommended approval of a marked crosswalk with an in -pavement
lighting system and flashing pedestrian signs. Staff recommends denial of the all -
way stop signs and marked crosswalk.
Written Communications: Report dated April 19, 2005, by Nasser Abbaszadeh,
Engineering and Building Director.
Presentation: Nasser Abbaszadeh, Engineering and Building Director,
summarized the staff report.
10 4-19-2005
Public Testimony:
Beryl Stewart, City resident, requested approval of stop signs or a crosswalk
citing safety concerns for elderly pedestrians.
George Cooke, City resident, requested approval of a crosswalk to improve
pedestrian safety.
Irene Drasso, City resident, spoke in support of any action that will slow traffic
and improve pedestrian safety.
Council Discussion:
Mayor pro tem Swerdlin suggested staff consider installing stop signs at Rancho
Viejo Road and Calle Arroyo and relocating that signal to mid -block to respond to
crossing pedestrians. He also stated that a traffic study could be undertaken to
ascertain the need for the existing signal at Rancho Viejo and Calle Arroyo.
Mayor Hart asked staff to arrange for additional traffic enforcement in the
immediate area and would like to revisit the stop signs/crosswalk proposal at a
later date.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Soto, and carried 4-1, with Mayor pro tem Swerdlin against, to 1) deny
the request to install all -way stop signs; and 2) deny the request to install a
marked crosswalk.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Mayor Hart
NOES: COUNCIL MEMBERS: Swerdlin
ABSTAIN: COUNCIL MEMBERS: None
ORDINANCES - None
COUNCILMANIC ITEMS - None
11 4-19-2005
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 9:36 p.m. to
Tuesday, May 3, 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,
, CITY CLERK
May 17, 2005
ATTEST:
661::�
WYA ART, MAYOR
12 4-19-2005