05-0705_CC_Minutes_Regular MeetingMINUTES
JULY 5, 2005
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85): None
Mayor Hart called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:04 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: Dave Adams, City Manager; John Shaw, City Attorney; Meg
Monahan, City Clerk; William M. Huber, Assistant City Manager; Cindy Russell,
Administrative Services Director; Lt. Mike Betzler, Chief of Police Services; Molly Bogh,
Planning Director; Amy Amirani, Public Works Director; Karen Crocker, Community
Services Director; Nasser Abbaszadeh, Engineering & Building Director; Michael
Cantor, Senior Management Analyst; and Elizabeth White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Allevato complimented staff for the successful 4th of July Celebration
at the San Juan Capistrano Sports Park and encouraged support of the Relay for Life
event sponsored by the American Cancer Society.
Karen Crocker, Community Services Director, noted that 11,000 people attended the
4th of July event.
Council Member Soto welcomed Monsignor Martin to the meeting.
Mayor pro tem Swerdlin provided West Nile Virus information concerning reporting dead
birds and encouraged residents and horse owners to take appropriate precautions.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Manager, announced upcoming events including
the upcoming San Juan Capistrano Rotary Club Award of Police Services, Fire
Services, and Educator of the Year awards and installation of Cynthia L. Russell,
7-5-2405
Administrative Services Director, as president; Shakespeare under the Stars; and a
Dine and Dance event to be held at the San Juan Capistrano Library.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. MAYOR'S AWARD — COMMUNITY SERVICE LEADER OF THE YEAR —
PRESENTED TO MONSIGNOR PAUL MARTIN. (610.40)
Mayor Hart recognized Monsignor Paul Martin for his decades of service,
devotion, and contributions to the community and Orange County and presented
him with the Mayor's Award for 2005 Community Service Leader of the Year.
2. CERTIFICATE OF APPRECIATION PRESENTED TO THE MEN'S SENIOR
BASKETBALL TEAM — USA -70. (610.40)
Mayor Hart recognized the men's senior basketball team, USA -70, for winning
the National Senior Basketball Championship. Bob Messersmith and Ernie Miller
accepted the award.
3. JULY 2005 DESIGNATED AS PARKS AND RECREATION MONTH. (610.40)
Mayor Hart proclaimed the month of July 2005 as "Parks and Recreation Month"
in the City of San Juan Capistrano and presented Kathy Hooper, Chair of the -�
Parks, Recreation and Equestrian Commission, with the proclamation.
4. LONG TERM EMPLOYEE DONNA DUCHARM RECOGNIZED. (730.90)
Cynthia L. Russell, Administrative Services Director, recognized Donna
Ducharm, Receptionist/Cashier, for 15 years of service to the City. Mayor Hart
presented her with a certificate of recognition.
5. LONG TERM EMPLOYEE ALAN OSWALD RECOGNIZED. (730.90)
Nasser Abbaszadeh, Engineering & Building Director, recognized Alan Oswald,
Sr. Engineer, for 10 years of service to the City. Mayor Hart presented him with
a certificate of recognition.
6. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING. (110.10)
Mayor pro tem Swerdlin introduced the following individuals in attendance: Kathy
Hooper and Roger Evans, Parks, Recreation and Equestrian Commission; Don
Tryon, Cultural Heritage Commission; Marie Buckner and Joann de Guevara,
Housing Advisory Committee; Phillip Schwartze, former Mayor; Mechelle
Lawrence, Executive Director of the Mission San Juan Capistrano; and Stan
Wylazlowski, Executive Director of the San Juan Capistrano Chamber of
Commerce.
2 7-5-2005
ORAL COMMUNICATIONS
Donna Friess, City resident, inquired into grading activity near the Tar Farms property.
Dave Adams, City Manager, reported that staff would investigate tomorrow.
Carolyn Gonzalez, City resident, new Jones Mini -Farm owner, requested support from
the City toward approval of their farm improvement plans.
Kathy Hooper, City resident, congratulated the City Council and staff for the very
successful 4th of July event.
CONSENT CALENDAR
Council Action: Moved by Council Member Allevato, seconded by Council Member
Soto, and carried unanimously, 5-0, to approve items 1, 2, 3, 5, 6, 7, 10, 11, and 12 as
recommended by staff:
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF JUNE 7, 2005, APPROVED AS
SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED JUNE 23, 2005, IN THE AMOUNT
OF $1,880,867.66; AND PAYROLL WARRANTS DATED JUNE 17, 2005, IN
THE AMOUNT OF $272,789.86, RECEIVED AND FILED. (300.30)
4. LICENSE AGREEMENT WITH THE OLD CAPISTRANO MERCHANT
ASSOCIATION (OCMA), FOR USE OF CITY LIGHT POLES TO HANG
BANNERS, APPROVED, SUBJECT TO CITY APPROVAL OF FABRIC COLOR.
(410.40)
This item was removed from the Consent Calendar to allow Council Member
Bathgate to abstain.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Soto, and carried 4-0-1, with Council Member Bathgate abstaining, to
approve the License agreement with the Old Capistrano Merchant Association
(OCMA), for use of City light poles to hang banners subject to City approval of
fabric color.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Swerdlin, Soto, Mayor Hart
NOES: COUNCIL MEMBERS: None
3 7-5-2005
ABSTAIN: COUNCIL MEMBERS: Bathgate
5. REPORT OF INVESTMENTS, MONTH ENDING MAY 31, 2005, RECEIVED
AND FILED. (350.30)
6. INVESTMENT POLICY FOR THE CITY OF SAN JUAN CAPISTRANO FOR
FISCAL YEAR 2005/2006 APPROVED; AND THE CITY CLERK DIRECTED TO
FORWARD THE INVESTMENT POLICY TO THE CALIFORNIA DEBT AND
INVESTMENT ADVISORY COMMISSION. (350.30)
7. RESOLUTION NO. 05-07-05-01, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTIMATING THE AMOUNT OF MONEY TO BE RAISED BY AD VALOREM
TAXATION IN THE CITY OF SAN JUAN CAPISTRANO DURING THE FISCAL
YEAR 2005/2006 FOR DEBT SERVICE AND REQUESTING THE LEVY OF A
TAX IN THE CITY OF SAN JUAN CAPISTRANO," ADOPTED; AND THE CITY
CLERK INSTRUCTED TO FORWARD A CERTIFIED COPY OF THE
RESOLUTION TO THE ORANGE COUNTY ASSESSOR AND
AUDITOR/CONTROLLER OFFICES FOR INCLUSION ON THE 2005/2006 TAX
ROLLS. (390.80)
8. TWO-YEAR PERSONAL SERVICES AGREEMENT WITH SECURTEC
DISTRICT PATROL, INC., IN THE AMOUNT OF $45,600, TO PROVIDE
PARKING ENFORCEMENT FOR OVERNIGHT PARKING PERMIT PROGRAM
CITY-WIDE, APPROVED. (600.30)
This item was removed from the Consent Calendar by Council Member Soto for
clarification of Securtec's scope of work.
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Swerdlin, and carried unanimously, 5-0, to approve a two-year personal
services agreement with Securtec District Patrol, Inc., to provide parking
enforcement for overnight parking permit program city-wide, in the amount of
$45,600 from July 1, 2005 to June 30, 2007.
9. TWO-YEAR AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC.
FOR CROSSING GUARD SERVICES, APPROVED. (600.30)
This item was removed from the Consent Calendar by Mayor pro tem Swerdlin
for clarification of the competitive bid process.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council
Member Allevato, and carried unanimously, 5-0, to approve a two-year
agreement with All City Management Services, Inc., in the amount of $133,120,
for serving six crossing guard locations, from July 1, 2005 through June 30,
2007.
4 7-5-2005
10. AGREEMENT WITH TRAUMA INTERVENTION PROGRAMS, INC. FOR
VOLUNTEER TRAUMA INTERVENTION RESPONSE TO CRITICAL
INCIDENTS, IN THE AMOUNT OF $8,600, FOR THE PERIOD OF JULY 1, 2005
TO JUNE 30, 2007, APPROVED. (600.30)
11. SOUTH ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA) FISCAL
YEAR 2005-2006 BUDGET APPROVED. (330.50)
12. RESOLUTION NO. 05-07-05-02, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A PROPERTY TAX EXCHANGE AGREEMENT BETWEEN THE
CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE WITH
REGARD TO PHASE ONE OF THE WHISPERING HILLS REORGANIZATION,
ANNEXING 22 ACRES OF TERRITORY TO THE CITY OF SAN JUAN
CAPISTRANO (LAFCO RO 04-10)," ADOPTED. (390.80)
PUBLIC HEARINGS
1. FIRST READING AND INTRODUCTION OF ORDINANCE APPROVING A
DEVELOPMENT AGREEMENT FOR THE WHISPERING HILLS ESTATES
PROJECT, VESTING TENTATIVE TRACT MAP 16634 (APNS 121-172-02,124-
140-49, 124-140-50, 124-140-51, 124-140-53, 124-223-23, 124-223-45)
APPROVED. (600.30)
Description: Whispering Hills LLC has requested that the city approve a
Development Agreement for the Whispering Hills residential project, Vesting
Tentative Tract Map (VTTM) 16634. The approval will provide assurances to the
developer that the subdivision can be developed under City requirements in
effect at the time the vesting tentative map was approved and that building
permits will be allocated under the City's growth management system. In return,
the development agreement provides for formation of a community facilities
district which will generate $1,126,000 in funds available for development of
community -wide facilities. Staff recommended approval of first reading and
introduction of an Ordinance approving a development agreement for Whispering
Hills Estates.
Written Communication: Staff report dated July 5, 2005, by Molly Bogh,
Planning Director.
Presentations: Molly Bogh, Planning Director, summarized the agenda report.
Phillip Schwartze, representing the applicant, provided an overview of the
proposed development agreement and requested approval.
Mayor Hart opened the public hearing.
7-5-2005
Public Testimony:
Mark Nielsen, City resident, expressed opposition to the development agreement
citing the city's responsibility to provide sewer capacity, burdens placed on future
homeowners for payment of community facilities district fees, and terms related
to future changes to the agreement.
Mayor Hart 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 DEVELOPMENT AGREEMENT FOR THE WHISPERING HILLS
ESTATES PROJECT (WHISPERING HILLS LLC)."
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 approving a development agreement for Whispering
Hills Estates.
2. RESOLUTION NO. 05-07-05-03 ADOPTED APPROVING TENTATIVE TRACT
MAP 16678, A SUBDIVISION MAP TO CREATE 5 CONDOMINIUM LOTS; AND
MAKING THE FINDING THAT THE PROJECT IS CONSISTENT WITH THE
CERTIFIED ENVIRONMENTAL IMPACT REPORT. (APN 675-361-06) (420.40)
Description: Centra Realty Corporation submitted a Tentative Tract Map
application for a subdivision map to create 5 condominium lots (one air -space lot
for each floor) in conjunction with a previously approved site plan consisting of a
general office project in 3 buildings. On May 24, 2005, the Planning Commission
recommended the City Council adopt the resolution approving Tentative Tract
Map 16678. Staff recommended Council adopt the resolution conditionally
approving Tentative Tract Map 16678 and finding the project is consistent with
the Certified EIR.
Written Communications: Staff report dated July 5, 2005, by Molly Bough,
Planning Director.
Presentations:
Molly Bough, Planning Director, summarized the staff agenda report.
Stephen Sandland, project applicant, supported the project.
Mayor Hart opened the public hearing, and there being no public testimony,
closed the public hearing.
6 7-5-2005
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to adopt Resolution No. 05-
07-05-03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, FINDING THAT THE PROJECT IS
CONSISTENT WITH THE CERTIFIED EIR AND APPROVING TENTATIVE
TRACT MAP 16678 FOR THE DEVELOPMENT OF 5 CONDOMINIUM LOTS
(ASSESSOR'S PARCEL NUMBER 675-361-06; CENTRA REALTY
CORPORATION) (VALLEY RANCH CONDOMINIUMS)."
3. RESOLUTION NO. 05-07-05-04 ADOPTED APPROVING AN UPDATED
SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES. (390.10)
Description: In Spring 2003, as part of the adoption of a State Budget
Contingency Plan, Council requested an evaluation of flees and charges for City
services to ensure the amounts were adequate to cover the costs of providing
these services, comparable with the surrounding communities, and met the
needs of the community. Staff evaluated all City fees currently in place and
identified certain services and programs that should have fees adopted. Staff
recommended Council adopt the resolution approving the updated schedule of
fees and charges for City services, effective September 1, 2005.
Written Communications: Staff report dated July 5, 2005, by Cynthia L. Russell,
Administrative Services Director.
Presentation: Cynthia L. Russell, Administrative Services Director,
summarized the agenda report.
Mayor Hart opened the Public Hearing and there being no public testimony,
closed the Public Hearing.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Allevato, and carried unanimously, 5-0, to adopt RESOLUTION NO. 05-
07-05-04 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING FEES AND CHARGES
FOR CITY SERVICES"
RECESS AND RECONVENE
Council recessed at 8:18 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:18 p.m.
7 7-5-2005
ADMINISTRATIVE ITEMS
G1. ENGINEERING AND BUILDING DIRECTOR
a. INTERSECTION OF SAN JUAN CREEK ROAD & PASEO CHRISTINA: ALL -
WAY STOP AND OTHER TRAFFIC IMPROVEMENTS APPROVED
(590.501590.70)
Description: Following a serious accident at the intersection of San Juan Creek
Road and Paseo Christina, residents from the Hidden Valley neighborhood have
actively pursued installation of an all -way stop, crosswalk, and other traffic
calming measures to improve safety at that intersection. Council directed staff to
evaluate the feasibility of installing these traffic improvements. Staff evaluated
the intersection based on City Council Policy #507 "Installation of Stop Signs,"
and determined the traffic conditions and operation do not warrant installation of
an all -way stop or crosswalk sign at this time. On May 11, 2005, the
Transportation Commission, by a 5-0 vote, recommended the City Council install
all -way stops for the greater good of the community and to make improvements
to enhance safety at the intersection. Staff recommended Council consider the
alternatives described in the staff report and direct staff.
Written Communications: Report dated July 5, 2005, by Nasser Abbaszadeh,
Engineering and Building Director.
Presentation: Nasser Abbaszadeh, Engineering and Building Director,
summarized the agenda report.
Public Comment:
John Agostini, City resident, supported installation of stop signs, a sidewalk on
the south side of San Juan Creek Road, and felt the median obstructed views.
Jennifer Agostini, City resident, supported installation of traffic control devices.
Ken Friess, City resident, requested installation of stop signs for safety of the
residents.
Dave Adams, City Manager, reported that police speed and stop sign
enforcement would begin after the installations.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to approve a) installation of all -
way stop signs; b) installation of appropriate stop ahead and other warning signs
at staff discretion; c) removal of existing median landscaping to provide adequate
sight distances at the intersection, to be replaced by river rock and some
boulders; d) completion of a speed study on San Juan Creek Road after the
8 7-5-2005
signs have been installed; and e) after above improvements are completed,
conduct a sidewalk study and poll residents, concerning possible sidewalk
installation (as outlined in the 7 -year Capital Improvement Plan, or possibly
sooner), returning to the City Council for final consideration.
G2. ADMINISTRATIVE SERVICES DIRECTOR
a. RESOLUTION NO. 05-07-05-05 ADOPTED APPROVING A JOINT
COMMUNITY FACILITIES AGREEMENT (CFD 2005-1) AMONG THE CITY OF
SAN JUAN CAPISTRANO, CAPISTRANO UNIFIED SCHOOL DISTRICT, AND
WHISPERING HILLS, LLC. (600.50)
Council Member Soto recused himself from considering this item due to a
Business relationship with the Capistrano Unified School District (CUSD).
Description: The Whispering Hills Estates Developer has been working with the
Capistrano Unified School District and the City to form a community facilities
district (CFD). Participation in the CFD provides an opportunity for the City to
secure a portion of the funds available for City purposes to fund community -wide
facilities that would otherwise not be funded by this development. In order to
participate in the CFD, the City, CUSD, and the developer need to enter into a
Joint Community Facilities Agreement (JCFA). Staff recommended Council adopt
- the resolution approving the JCFA (CFD 2005-1) among the City of San Juan
Capistrano, Capistrano Unified School district, and Whispering Hills LLC.
Written communications: Report dated July 5, 2005, by Cynthia L. Russell,
Administrative Services Director.
Presentations: Cynthia L. Russell, Administrative Services Director,
summarized the agenda report.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Allevato, and carried 4-0-1, with Council Member Soto abstaining, to
adopt Resolution No. 05-07-05-05, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT AMONG THE
CITY OF SAN JUAN CAPISTRANO, THE CAPISTRANO UNIFIED SCHOOL
DISTRICT AND WHISPERING HILLS, LLC RELATING TO THE WHISPERING
HILLS ESTATES DEVELOPMENT."
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Swerdlin, Bathgate, Mayor Hart
NOES: COUNCIL MEMBERS: None
9 7-5-2005
ABSTAIN: COUNCIL MEMBERS: Soto
ORDINANCES — None
COUNCILMANIC ITEMS
1. APPOINTMENTS MADE TO FILL VACANCIES ON THE YOUTH ADVISORY
BOARD, AS RECOMMENDED BY THE MAYOR'S SUBCOMMITTEE, TERMS
ENDING AUGUST 31, 2006. (110.20)
Presentation: Meg Monahan, City Clerk, reviewed the list of applicants to the
Youth Advisory Board. Mayor Hart, representing the Mayor's subcommittee
concerned with reviewing applications to committees, recommended approval of
the list of applicants, terms ending August 31, 2006, as follows:
Adult Advisors
Judith Ann Hurst
Kenneth Friess
Youth Members
Michael Carew
Jennifer Holladay
Kirsten Erickson
Danny Matthews
Matthew McCormick
Kayla Ferrari
Christian St. Pierre
Melissa Bell
Harrison Taylor
Vera Lugo
Ryan Wagner
Evan Chaffee
Derek DeCaro
Justin Kubassek
Written Communications: Report dated July 5, 2005, by Meg Monahan, City
Clerk.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council
Member Allevato, and carried unanimously, 5-0, to make the annual
appointments to the Youth Advisory Board, terms ending August 31, 2006, as
recommended by staff.
10 7-5-2005
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 9:00 p.m. to
Tuesday, July 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,
RET R. MONAHAN, CITY CLERK
: August 2, 2005
ATTEST:
11 7-5-2005