05-0607_CC_Minutes_Regular MeetingMINUTES
JUNE 7, 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 54957.6, the City Council conferred with
its labor negotiator (City Manager) regarding labor negotiations with the San
Juan Capistrano Employees Association and Management Employees
Association. (This item was withdrawn from consideration)
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. Mayor
Hart dedicated the meeting to the memory of Jonathan Shulte and Gillian Sabat, two
local teenagers killed in a prom night accident.
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; Mitzi Ortiz, Deputy City Clerk; Molly Bogh, Planning Director; Nasser
Abbaszadeh, Engineering and Building Director; Amy Amirani, Public Works Director;
Lt. Michael Betzler, Chief of Police Services; Karen Crocker, Community Services
Director; and Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Members welcomed Lt. Betzler, newly appointed Chief of Police and
commended staff for their quick response to the recent landslide.
Council Member Allevato announced his attendance at a ribbon cutting ceremony for
Marbella Dentistry.
Mayor pro tem Swerdlin announced the Transportation Corridor Agencies began a
search for a Chief Executive Officer and are processing the environmental impact report
for the proposed southern extension; reminded residents to take precautions against
6-7-2005
mosquitoes and West Nile Virus; and reported on an excellent new council member
training program established by the Joint Powers Insurance Authority.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced upcoming events including
the Chamber Networking Mixer; the Flower and Garden Festival and Music under the
Stars hosted by the Mission; the first of the San Juan Summer Nites Concerts; and the
annual Swallows Tournament hosted by AYSO.
INTRODUCTIONS PRESENTATIONS AND DONATIONS
1. WALL OF RECOGNITION HONOREES DR. JOE CORTESE AND MR. TOM
OSTENSEN RECOGNIZED. (210.10)
Mayor Hart recognized Dr. Joe Cortese and Mr. Tom Ostensen as the 2005
Honorees for the Wall of Recognition.
2. CITY GUIDES PROGRAM PARTICIPANTS RECOGNIZED. (610.40)
Mayor Hart recognized Jess Andrews, Derwood Crocker, C. J. Devins, J. J.
Hurst, Jennifer Pointer, Lori Porter, Caroline Schneider, Jan Siegel, and Jack
Zepp for their participation in the City Guides Program and their contributions to
the City's historic preservation efforts.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following individuals in attendance:
Joann de Guevara, Housing Advisory Committee; Gene Ratcliffe, Planning
Commission; Kathy Hooper, Parks, Recreation and Equestrian Commission; and
Angela Duzich, Cultural Heritage Commission.
ORAL COMMUNICATIONS
Margaret A. Warren, City resident, spoke regarding her concern of a possible landslide
due to a neighbor who has built a horse corral without the proper permits. Nasser
Abbaszadeh, Engineering and Building Director will follow up.
CONSENT CALENDAR
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Soto, and carried unanimously, 5-0, to approve items 1, 2, & 4 through 9 as
recommended by staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2 6-7-2005
2. MINUTES OF THE REGULAR MEETING OF MAY 3, 2005 APPROVED AS
SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED MAY 12, 2005, IN THE AMOUNT
OF $704,961.15 AND MAY 26, 2005, IN THE AMOUNT OF $2,477,008.24; AND
PAYROLL WARRANTS DATED MAY 18, 2005, IN THE AMOUNT OF
$237,775.20, RECEIVED AND FILED (300.30)
This item was removed from the agenda to allow Council Member Bathgate to
abstain.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council
Member Soto, and carried 4-0-1, with Council Member Bathgate abstaining, to
receive and file Accounts Payable Warrants dated May 12, 2005, in the amount
of $704,961.15 and May 26, 2005, in the amount of $2,477,008.24; and Payroll
Warrants dated May 18, 2005, in the amount of $237,775.20.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Soto, Swerdlin, Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate
4. CASH BALANCES BY FUND, MARCH 31, 2005 AND APRIL 30, 2005,
RECEIVED AND FILED. (330.50)
5. REPORT OF INVESTMENTS, MONTH ENDING APRIL 30, 2005, RECEIVED
AND FILED. (350.30)
6. THE 2003-2004 GENERAL PLAN ANNUAL REPORT RECEIVED AND FILED;
AND TRANSMITTAL OF THE REPORT TO THE CALIFORNIA DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPMENT AUTHORIZED. (440.25)
7. CITY COUNCIL NEGOTIATOR'S RECOMMENDATION TO INCREASE THE
CITY MANAGER'S SALARY BY 3.3%, EFFECTIVE JANUARY 1, 2005,
APPROVED. (600.30)
3 6-7-2005
8. RESOLUTION NO. 05-06-07-01, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING AN EASEMENT FOR SEWER PURPOSES AND EASEMENTS
FOR STORM DRAIN PURPOSES AND A DEED FOR RIGHT-OF-WAY AND
UTILITY PURPOSES FOR OSO ROAD WITHIN ASSESSOR'S PARCEL NO.
121-070-55 AND 56 (SADDLEBACK VALLEY CHRISTIAN SCHOOL; AC 99-05
& 00-09)" ADOPTED; AND THE CITY CLERK DIRECTED TO FORWARD THE
DOCUMENTS TO THE ORANGE COUNTY RECORDER, UPON SUBMITTAL
OF THE ADDITIONAL STORM DRAIN EASEMENT. (670.50)
9. CONTRACT FOR THE SAN JUAN CAPISTRANO PUBLIC LIBRARY PHASE I —
SITE WORK CAPITAL IMPROVEMENT PROJECT AWARDED TO THE LOW
RESPONSIBLE BIDDER, BELAIRE-WEST LANDSCAPE, INC., IN THE
AMOUNT OF $146,250; AND ALL OTHER BIDS REJECTED. (CIP NO. 454)
(600.30)
PUBLIC HEARINGS
RESOLUTION NO. 05-06-07-02 ADOPTED CONDITIONALLY APPROVING
TENTATIVE TRACT MAP 16802 RELATED TO DEVELOPMENT OF (8)
CONDOMINIUM LOTS AT 31281 DON JUAN AVENUE (420.40)
Description: Don Juan, LLC submitted a Tentative Tract Map application for a
subdivision map to create eight condominium lots from four existing parcels
previously approved for development of four duplex structures. On March 15,
2005, the City Council adopted Ordinance 903 establishing a moratorium on new
development in the subject area. Because this project was already submitted and
consistent with the previously approved duplex project, the City Council
determined the subdivision map was not subject to Ordinance 903. The Planning
Commission has reviewed the project and recommended approval. Staff
recommended the City Council adopt a resolution approving Tentative Tract Map
16802, subject to conditions of approval.
Written Communications: Staff report dated June 7, 2005, by Molly Bogh,
Planning Director.
Revised Resolution dated June 7, 2005, from Molly Bogh, Planning Director.
Letter dated June 6, 2005, from Jane Cavanaugh Lohrbach, City resident,
opposing the project due to its density and incompatibility with the existing
historical neighborhood.
Presentation: Molly Bogh, Planning Director, summarized the staff report.
Mayor Hart opened the Public Hearing.
4 6-7-2005
W_ John Lloyd, City resident, representing the applicants, reviewed the homeowners
association board structure and agreed with Mayor pro tem Swerdlin's
suggestion that all unit rentals would be managed through a single property
manager appointed by the association.
Public Testimony:
Tom Entwistle, City resident, requested project alterations to make the project
more consistent with the existing historical neighborhood.
Angela Duzich, City resident, requested denial of the project due to lack of
consideration of neighbors' concerns, the impacts caused by mass grading of the
site, negative visual impacts, and lack of mitigation of traffic impacts.
Michael Moyles, City resident, opposed the project due to lack of diversity in
architectural detail and density.
Nancy Arseno, City resident, was concerned with the density, traffic, and
appearance of the project.
Dusty Otero, City resident, supported the project
Mayor Hart closed the Public Hearing.
Council Discussion:
Council Members agreed that the project was improved by the additional parking
and would provide opportunities for reasonably priced home ownership in the
City; and were reassured by the traffic report determination that existing streets
were adequate to handle the additional traffic generated by the units.
Council Action. Moved by Council Member Soto, seconded by Council
Member Allevato, and carried unanimously, 5-0, to adopt Resolution No. 05-06-
07-02, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, ADOPTING A NEGATIVE DECLARATION AND
APPROVING TENTATIVE TRACT MAP 16802 FOR THE DEVELOPMENT OF 8
CONDOMINIUM LOTS ON AN EXISTING 4 PARCELS LOCATED AT 31281
DON JUAN AVENUE, GENERALLY LOCATED 30 FEET NORTH OF DON
JUAN AVENUE, 70 FEET WEST OF 1-5, AND 1,000 FEET EAST OF EL
CAMINO REAL (ASSESSOR'S PARCEL NUMBERS 649-271-68, 67, 66, & 65;
(MAYERS AND ASSOCIATES) (SAN JUAN CONDOMINIUMS)."
6-7-2005
2. CONSIDERATION OF A DEVELOPMENT AGREEMENT FOR VESTING
TENTATIVE TRACT MAP 16634 (WHISPERING HILLS ESTATES) (APNS 121-
172-02, 124-140-49, 124-140-53 AND 124-223-45) CONTINUED TO THE
REGULAR MEETING OF TUESDAY, JULY 5, 2005. (600.30)
Molly Bogh, Planning Director, recommended this item be continued to the July
5, 2005, meeting to allow additional review by the Planning Commission.
Mayor Hart opened the public hearing. There was no public testimony.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Soto, and carried unanimously, 5-0, to continue Tentative Tract Map
16634, Whispering Hills Estates, with the public hearing held open, to the regular
meeting of July 5, 2005.
RECESS AND RECONVENE
Council recessed at 8:03 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:39 p.m.
ADMINISTRATIVE ITEMS
G1. ENGINEERING AND BUILDING DIRECTOR
a. CONSIDERATION OF INTRODUCTION OF THE 2005-2012 CITY SEVEN-
YEAR CAPITAL IMPROVEMENT PROGRAM CONTINUED TO PUBLIC
HEARING SCHEDULED FOR JUNE 21, 2005. (330.40)
Description: Development of the Seven Year Capital Improvement Program is
required to provide consistency with the requirements of the State Congestion
Management Program and the County Measure M Program. Staff recommended
Council review and comment on the Seven -Year Capital Improvement Program;
then continue this item to the public hearing scheduled for June 21, 2005.
Written Communications: Report dated June 7, 2005, by Nasser Abbaszadeh,
Engineering and Building Director.
Presentation: Nasser Abbaszadeh, Engineering and Building Director,
summarized the staff report.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Allevato, and carried unanimously, 5-0, to continue consideration of the
2005-2012 City Seven -Year Capital Improvement Program to the Public Hearing
scheduled for June 21, 2005.
6 6-7-2005
G2. ADMINISTRATIVE SERVICES DIRECTOR
a. CONSIDERATION OF INTRODUCTION OF FISCAL YEAR 2005106
OPERATING FUND BUDGETS CONTINUED TO PUBLIC HEARING
SCHEDULED FOR JUNE 21, 2005. (330.20)
Description: The City's FY 2005106 Operating Budgets provide the financial
guidelines for City operations the coming year and include projected costs for
general operations, water and sewer operations, and other programs. Staff
recommended Council review and provide comment, then continue consideration
of the FY 2005106 budget to a public hearing scheduled for June 21, 2005.
Written Communications: Report dated June 7, 2005, by Cynthia L. Russell,
Administrative Services Director.
Presentation: Cynthia L. Russell, Administrative Services Director, reviewed the
staff recommendation.
Council Action: Moved by Council Member Soto, seconded by Council
Member Allevato, and carried unanimously, 5-0, to continue consideration of the
FY 2005106 budget to a public hearing scheduled for June 21, 2005.
ORDINANCES - None
COUNCILMANIC ITEMS - None
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 9:21 p.m. to
Tuesday, June 21, 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 su
AHAN, CITY CLERK
Ap�rovgd: July 5, 2005
A'
WY HART, MAYOR
7 6-7-2005