05-1101_CC_Minutes_Regular MeetingMINUTES
NOVEMBER 1, 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(b)(3), 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 7:03 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; William M. Huber, Assistant City
Manager; John Shaw, City Attorney; Mitzi Ortiz, Deputy City Clerk; Cynthia L. Russell,
Administrative Services Director; Lt. Mike Betzler, Chief of Police Services; Nasser
Abbaszadeh, Engineering & Building Director; Molly Bogh, Planning Director; Karen
Crocker, Community Services Director; Michael Cantor, Senior Management Analyst;
David Contreras, Associate Planner; and Elizabeth White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Soto expressed his condolences to the family of Ed Camarena, who
recently passed away. He reminded residents to vote; and wished Council Member
Allevato and Mayor Hart belated happy birthdays.
Mayor pro tem Swerdlin also expressed belated birthday wishes; and reported his
attendance at the San Joaquin Hills Transportation Corridor Agency finance and
operations meeting and an upcoming Foothill/Eastern Transportation Corridor Agency
meeting.
Mayor Hart dedicated the meeting to Ed Camarena and expressed condolences to his
family.
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ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: the Chamber of Commerce networking breakfast; the Historic
Cemetery Cleanup Day hosted by the Mission San Juan Capistrano; a flu clinic for
seniors hosted by the Community Services Department; and a performance by Patrick
Ball, a harp player, as part of the Multi -Cultural Arts Series.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. COMMUNITY EMERGENCY RESPONSE TEAM (CERT) PRESENTED WITH
CERTIFICATE OF APPRECIATION. (610.40)
Michael Cantor, Senior Management Analyst, introduced the 2005 graduates of
the CERT program and Mayor Hart presented them with a Certificate of
Appreciation.
2. ORANGE COUNTY TRANSPORTATION AUTHORITY DELIVERED
PRESENTATION ON THE PROPOSED EXTENSION OF MEASURE M (610.40)
Tom Wilson, Orange County Supervisor, delivered a presentation regarding the
current status and future schedule of Measure M.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING. (110.10)
Mayor pro tem Swerdlin introduced the following individuals in attendance:
Angela Duzich, Cultural Heritage Commission; Les Blair, Council Liaison to the
San Juan Seniors; Joann de Guevara and Marie Buckner, Housing Advisory
Committee; Larry Kramer, Transportation Commission; and Gene Ratcliffe and
Bob Cardoza, Planning Commission.
ORAL COMMUNICATIONS
Maria Bautista, Vocational Visions, thanked the City Council for contracting with and
supporting the company.
CONSENT CALENDAR
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Swerdlin, and carried unanimously, 5-0, to approve items 1, 2, 4, 5, 6, 8, and 10 through
16 as recommended by staff:
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF OCTOBER 4, 2005, APPROVED
AS SUBMITTED.
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3. ACCOUNTS PAYABLE WARRANTS DATED OCTOBER 13, 2005, IN THE
AMOUNT OF $796,971.05; AND PAYROLL WARRANTS DATED OCTOBER 21,
2005, IN THE AMOUNT OF $258,485.78, 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 Mayor pro
tem Swerdlin, and carried 4-0-1, with Council Member Bathgate abstaining, to
receive and file accounts payable warrants dated October 13, 2005, in the
amount of $796,971.05; and payroll warrants dated October 21, 2005, in the
amount of $258,485.78.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Swerdlin, Soto, Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate
4. CASH BALANCES BY FUND — AUGUST AND SEPTEMBER 2005, RECEIVED
AND FILED. (330.50)
5. REPORT OF INVESTMENTS -- MONTH ENDING SEPTEMBER 30, 2005,
RECEIVED AND FILED. (330.50)
6. AGREEMENT ESTABLISHING SOILS SUBSIDENCE REMEDIATION
PROGRAM WITH PACIFICA SAN JUAN COMMUNITY ASSOCIATION AND
SJD PARTNERS, LTD. FOR TENTATIVE TRACT 14196 (EXCEPTING THERE
FROM TRACT 15686) AND 15609 FOR SJD PARTNERS, LTD., APPROVED.
(600.30)
7. RESOLUTION NO. 05-11-01-01 ADOPTED, ADOPTING THE NATIONAL
INCIDENT MANAGEMENT SYSTEM (NIMS) AS PART OF THE CITY'S
EMERGENCY OPERATIONS PLAN. (520.30)
This item was removed from the Consent Calendar by Council Member Allevato
for clarification of National Incident Management Systems procedures.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to adopt RESOLUTION NO.
05-11-01-01 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE NATIONAL
INCIDENT MANAGEMENT SYSTEM."
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8. AMENDMENT NO. 11 TO COOPERATIVE AGREEMENT NO. C-95-989
COMBINED TRANSPORTATION FUNDING PROGRAMS MASTER FUNDING
AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY
(OCTA), APPROVED. (600.50)
9. CONTRACT FOR RANCHO VIEJO ROAD AND HIGHLAND DRIVE TRAFFIC
SIGNAL INSTALLATION WITH TERNO, INC., APPROVED. (600.30)
This item was removed from the Consent Calendar to allow for Council
Comment. Council Member Soto thanked staff for their efforts in completing the
project.
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Swerdlin, and carried unanimously, 5-0, to approve a contract for Rancho
Viejo Road and Highland Drive Traffic Signal Installation to the low responsible
bidder, Terno, Inc., in the amount of $149,955.00 and the Mayor authorized to
execute the document on behalf of the City.
10. CLAIM BY DEBRA CAMPBELL DENIED, BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY. (170.70)
11. LICENSE AGREEMENT EXTENSION WITH MR. RAINER METZ FOR
CONTINUED USE OF THE AVENIDA DE LA VISTA SEWER PUMPING
STATION AND PIPELINES, APPROVED; AND THE MAYOR AUTHORIZED TO
EXECUTE THE LICENSE AGREEMENT EXTENSION ON BEHALF OF THE
CITY. (600.30)
12. RESOLUTION NO. 05-11-01-02, ENTITLED, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DENYING PROPOSED RENT INCREASE BY CAPISTRANO TERRACE,
LIMITED, OWNER OF THE CAPISTRANO TERRACE MOBILE HOME PARK,"
ADOPTED. (430.30)
13. BID FOR PURCHASE OF TWENTY (20) PENTIUM WORKSTATIONS
AWARDED TO DELL COMPUTER CORPORATION FOR $16,782.50. (370.30)
14. CLAIM BY SCOTT CASPER AGOSTINI DENIED, BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY. (170.70)
15. CLAIM BY TRENTEN STEPHEN MERRILL DENIED, BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY. (170.70)
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16. CLAIM BY EMILY ANNE PASTORE DENIED, BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY. (170.70)
PUBLIC HEARINGS
FIRST READING AND INTRODUCTION OF AN ORDINANCE ZONING
AMENDMENT ESTABLISHING THE MRD -4,000 ZONING DISTRICT AND A
ZONING MAP AMENDMENT REZONING THE 27.4 ACRE MISSION HILL -
MISSION FLATS PLANNING AREA TO THE "MRD -4,000" (MISSION
RESIDENTIAL DISTRICT -4,000 SF LOT MINIMUM) ZONE DISTRICT. (460.20)
Descrption: The project is the result of a two year planning effort initiated by the
City Council to preserve the single-family, historic character of the planning area.
The Council is requested to review and comment on the proposed "MRD -4,000"
(Mission Residential District- 4,000 SF lot minimum) District design guidelines.
Staff recommended Council open the public hearing, receive public testimony,
close the public hearing; and, following the reading of the title of the Ordinance
by the City Clerk, approve first reading and introduction of the Ordinance.
Written Communication: Staff report dated November 1, 2005, by William
Ramsey, Principal Planner.
Presentations: Molly Bogh, Planning Director, summarized the staff report.
Mayor Hart opened the public hearing.
Public Testimony:
Angela Duzich, City resident, thanked staff for working with the residents and
fully supported the ordinance.
Sean Swinney, City resident, felt there was not adequate notice to property
owners regarding this issue, and did not agree with the zone change.
Mayor Hart closed the Public Hearing.
Mitzi Ortiz, Deputy City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A NEGATIVE DECLARATION, AMENDING TITLE 9, LAND USE
CODE ESTABLISHING THE "MRD -4,000" ZONE DISTRICT, AND APPROVING
A ZONING MAP AMENDMENT REZONING THE MISSION HILL -MISSION
FLATS PLANNING AREA, A 27.4 ACRE AREA BORDERED BY LA ZANJA
STREET TO THE NORTH, 1-5 TO THE EAST, ACJACHEMA TO THE SOUTH,
AND EL CAMINO REAL TO THE WEST, TO THE "MRD -4,000" ZONE
DISTRICT. (MISSION HILL -MISSION FLATS) (REZONE 03-05)."
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Council Action: Moved by Council Member Soto, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to approve first reading and
introduction of an ordinance establishing the MRD -4,000 zoning district and a
zoning map amendment rezoning the 27.4 acre Mission Hill -Mission Flats
planning area to the "MRD -4,000."
2. RESOLUTION NO. 05-11-01-03 ADOPTED ORDERING FORMATION AND
APPOINTMENT OF A BOARD OF DIRECTORS FOR GEOLOGIC HAZARD
ABATEMENT DISTRICT (GHAD) 05-02 FOR TENTATIVE TRACTS 15609 AND
14196 (EXCEPTING THERE FROM TRACT 15686) (SJD DEVELOPMENT)
(PACIFICA SAN JUAN). (345.90)
Description: The City, as part of its Soil Subsidence Remediation Program, has
conditioned Tentative Tracts 15609 and 14196 (excepting there from Tract
15686), (SJD DEVELOPMENT), to establish a geologic hazard abatement
district for potential use in the event of a catastrophic slope failure. The district
formation was initiated by the owner of the real property within the proposed
district. The district formation provides a tool that future homeowners may use to
repair major slope failures by which bonds would be sold and repaid by property
assessments over an extended period of time. Staff recommended that the
Council open the public hearing; receive public testimony; close the public
hearing; and, by motion adopt the Resolution ordering formation and
appointment of board of directors for Geologic Hazard Abatement District 05-02.
Written Communications: Staff report dated November 1, 2005, by Sam
Shoucair, Senior Engineer.
Presentations: Nasser Abbaszadeh, Engineering and Building 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 Swerdlin, seconded by Council
Member Allevato, and carried unanimously, 5-0, to adopt RESOLUTION NO. 05-
11-01-03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE FORMATION OF,
AND APPOINTING THE BOARD OF DIRECTORS FOR, GEOLOGIC HAZARD
ABATEMENT DISTRICT 05-02 FOR TENTATIVE TRACTS 15609 AND 14196
(EXCEPTING THERE FROM TRACT 15686), (SJD DEVELOPMENT)
(PACIFICA SAN JUAN)."
3. RESOLUTION NO. 05-11-01-04 ADOPTED, CONDITIONALLY APPROVING
TENTATIVE TRACT MAP 16168 AND THE ASSOCIATED NEGATIVE
DECLARATION. (420.40)
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Description: Village Alipaz LLC has submitted a Tentative Tract Map application
for a subdivision map to subdivide a 1.0 acre parcel into four single family
residence lots, and three lettered lots. The proposed tentative tract map was
originally approved on November 6, 2001 and expired on November 6, 2003. The
original approval expired before a final map was approved; therefore, the
applicant has filed a new tentative tract map on the subject property. On
September 27, 2005, the Planning Commission reviewed the project and
recommended approval, subject to conditions of approval. Staff recommends that
the City Council adopt a resolution approving Tentative Tract Map 16168, subject
to conditions of approval.
Written Communications: Staff report dated November 1, 2005, by David
Contreras, Associate Planner.
Presentations: Molly Bogh, Planning Director, summarized the staff report.
Mayor Hart opened the Public Hearing.
Public Testimony:
Greg Gunning, City resident, Alipaz Homeowners Association member,
expressed concerns regarding traffic control measures and the moving of
construction equipment.
Phil Schwartze, representing the applicant, opposed any modification to the
conditions of approval and stated the project had the homeowners association
support.
Mayor Hart closed the Public Hearing.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member
Soto, and carried unanimously, 5-0, to adopt RESOLUTION NO. 05-11-01-04
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION
AND APPROVING TENTATIVE TRACT MAP 16168 FOR THE DEVELOPMENT
OF 4 SINGLE FAMILY RESIDENTIAL LOTS AND THREE LETTERED LOTS
ON A 1.0 ACRE PARCEL LOCATED 700 FEET WEST OF ALIPAZ STREET
AND 100 FEET SOUTH OF PASEO TOSCANA (ASSESSOR'S PARCEL
NUMBER 121-171-19: VILLAGE ALIPAZ, LLC)."
RECESS AND RECONVENE
Council recessed at 8:27 p.m, to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:28 p.m.
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ADMINISTRATIVE ITEMS — None
ORDINANCES -- None
COUNCILMANIC ITEMS
1. BIANNUAL DECLARATION OF VACANCIES ON CITY COUNCIL APPOINTED
COMMISSIONS & COMMITTEES. (110.20)
Description: All City Council appointed positions on the Housing Advisory
Committee; Cultural Heritage Commission; Parks, Recreation and Equestrian
Commission; Planning Commission; Water Advisory Commission; Design
Review Committee; and Transportation Commission declared vacant as of
February 1, 2006; the City Clerk directed to solicit applications to fill these
vacancies; and schedule City Council Appointments to Commissions and
Committees for January 17, 2006.
Written Communications: Report dated November 1, 2005, by Meg Monahan,
City Clerk.
Presentations: Mitzi Ortiz, Deputy City Clerk, summarized the staff report.
Council Action: Moved by Council Member Soto, seconded by Council Member
Bathgate, and carried unanimously, 5-0, to declare the vacancies on City Council
appointed Commissions & Committees, as recommended by staff.
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 8:30 p.m. to
Tuesday, November 15, 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,
ARET R. MONAHAN, CITY CLERK
: December 6, 2005
ATTEST:
c
MAYOR:
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