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05-1115_CC_Minutes_Regular Meeting1 MINUTES NOVEMBER 15, 2005 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION 1610.831: None 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 Soto led the Pledge of Allegiance and Mayor pro tem Swerdlin gave the invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Diane Bathgate, Joe Soto, Mayor pro tem David M. Swerdlin, and Mayor Wyatt Hart. COUNCIL MEMBERS ABSENT: Sam Allevato (excused) STAFF PRESENT: Dave Adams, City Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; William M. Huber, Assistant City Manager; Cynthia L. Russell, Administrative Services Director; Lt. Mike Betzler, Chief of Police Services; Karen Crocker, Community Services Director; Amy Amirani, Public Works Director; Nasser Abbaszadeh, Engineering & Building Director; Molly Bogh, Planning Director; Joe Mankawich, Associate Engineer; Eric Bauman, Water Services Manager; Elizabeth White, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Soto and Mayor pro tem Swerdlin reported attending the Veteran's Day Celebration. Mayor pro tem Swerdlin reported 1) attendance at a National Water Institute reception; 2) the Transportation Corridors Agencies approved a loan mitigation package for the San Joaquin Hills Toll Road and the agencies will be considering the environmental documents for the proposed 241 South Toll Road; and 3) Vector of the Month is mosquitoes. 11-15-2005 ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced the following upcoming communitywide events: the Historical Society's bi-annual meeting; "Santa Makes House Calls" program by the Community Services Department; the city's Annual Tree Lighting Ceremony and related events; the Chamber of Commerce Holiday Mixer; and the Boys and Girls Club annual Holiday Gift Giving. INTRODUCTIONS PRESENTATIONS AND DONATIONS LONG TERM EMPLOYEE PEGGY NUNEZ RECOGNIZED (730.90) Mike Betzler, Chief of Police Services and Mayor Hart, recognized Peggy Nunez, Volunteer Coordinator, for her 10 years of service to the City. 2. LONG TERM EMPLOYEE DIANE REGIER RECOGNIZED (730.90) Cynthia L. Russell, Administrative Services Director and Mayor Hart, recognized Diane Regier, Management Analyst I, for her 20 years of service to the city. 3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Swerdlin introduced the following individuals in attendance: Les Blair, Council Liaison to the San Juan Seniors; Don Tryon, Cultural Heritage Commission; Joann de Guevara, Housing Advisory Committee; Brad Gates, retired Orange County Sheriff; Stan Wylazlowski, Executive Director of the Chamber of Commerce; Phillip Schwartze, former Mayor; and Gil Jones, former Mayor accompanied by his wife Millie. ORAL COMMUNICATIONS Franciso Marmolejo, representing the Orange County Human Relations Council, provided an annual report and summarized the organization's activities within the city. Colleen Dempser and Dawn Greene, city residents, inquired playground equipment at Cook Park. Karen Crocker, Community indicated it was removed due to parts that posed a safety hazard. scheduled for replacement by Public Works. Public Works Director contact the speakers regarding that schedule. into the missing Services Director, The equipment is Amy Amirani will 2 11-15-2005 CONSENT CALENDAR Council Action: Moved by Council Member Soto, seconded by Mayor pro tem Swerdlin, and carried unanimously, 4-0, to approve items 1, 2, 3, and 6 through 11 as recommended by staff: 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF OCTOBER 18, 2005, APPROVED AS SUBMITTED. 3. MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION OF OCTOBER 24, 2005, APPROVED AS SUBMITTED. 4. ACCOUNTS PAYABLE WARRANTS DATED OCTOBER 27, 2005, IN THE AMOUNT OF $2,156,727.98; AND PAYROLL WARRANTS DATED NOVEMBER 4, 2005, IN THE AMOUNT OF $262,103.96, 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 3-0-1, with Council Member Bathgate abstaining, to receive and file Accounts Payable warrants dated October 27, 2005, in the amount of $2,156,727.98; and Payroll warrants dated November 4, 2005, in the amount of $262,103.96. ROLL CALL AYES: COUNCIL MEMBERS: Swerdlin, Soto, Mayor Hart NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Bathgate 5. DESIGN CONCEPT FOR CAPITAL IMPROVEMENT PROJECT NO. 102, DEL OBISPO STREET WIDENING AT CALLE ASPERO, APPROVED; AND STAFF AUTHORIZED TO COMPLETE THE DESIGN. (600.30) This item was removed from the Consent Calendar to allow for public comment. Gary Weincek, city resident, requested that a left turn signal be installed at the subject intersection. Nasser Abbaszadeh, Engineering & Building Director, confirmed that the left turn signal was part of the installation. 11-15-2005 Council Action: Moved by Council Member Soto, seconded by Council Member Bathgate, and carried 4-0, to approve the design concept for Capital Improvement Project No. 102, Del Obispo Street widening at Calle Aspero and authorize staff to complete the design. 6. RECYCLED WATER PURCHASE AGREEMENT WITH MOULTON NIGUEL WATER DISTRICT, AT ITS PREVAILING RECYCLED WATER RETAIL RATE, APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT. (600.30) 7. PERSONAL SERVICES AGREEMENT WITH PSOMAS, IN THE AMOUNT OF $143,698, FOR CIVIL ENGINEERING DESIGN SERVICES FOR THE CONSTRUCTION OF A 12 -INCH PIPELINE CONNECTION TO THE MOULTON NIGUEL WATER DISTRICT SYSTEM, APPROVED. (600.30) 8. SPECIFICATIONS FOR THE SWANNER HOUSE COMPLEX PAINTING - REPAIR APPROVED; AND STAFF AUTHORIZED TO RECEIVE BIDS FOR THE PROJECT. (600.30) 9. RECLAIMED WATER RESERVOIR SITE AGREEMENT WITH WHISPERING HILLS LLC, RELATED TO CONDITIONS OF APPROVAL FOR VESTING TENTATIVE MAP NO. 16634 FOR CONSTRUCTION OF THE 550 E RESERVOIR, APPROVED. (600.30) 10. CLAIM AGAINST THE CITY OF GREG MCTEE, DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY. (170.70) 11. AMENDMENT TO THE IMPROVEMENT AND REIMBURSEMENT AGREEMENT ASSOCIATED WITH TENTATIVE TRACT 14196 AND 15£09, PACIFICA SAN JUAN (SJC PARTNERS, LTD), APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE AMENDED AGREEMENT ON BEHALF OF THE CITY. (600.60) PUBLIC HEARINGS RESOLUTION NO. 05-11-15-01 ADOPTED APPROVING THE 2005 URBAN WATER MANAGEMENT PLAN UPDATE. (1050.30) Description: The Urban Water Management Planning Act requires that every urban water supplier providing water for municipal purposes to more than 3,000 customers, or supplying more than 3,000 acre feet of water annually to prepare and adopt an Urban Water Management plan and update it every five years. The Act must include detailed discussion of groundwater management, water supply projects, and water quality information. Staff recommends Council adopt a resolution approving the 2005 Urban Water Management Plan Update. 4 11-15-2005 Written Communication: Staff report dated November 15, 2005, by Joe Mankawich, Associate Engineer. Presentations: Joe Mankawich, Associate Engineer, summarized the staff report. Ergun Bakali, consultant for the city responsible for preparing the Urban Water Management Plan update, discussed the features of the plan. 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 Mayor pro tem Swerdlin, and carried unanimously, 4-0, to adopt RESOLUTION NO. 05- 11-15-01 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE 2005 URBAN WATER MANAGEMENT PLAN EFFECTIVE NOVEMBER 15,2005." 2. CONSIDERATION OF GENERAL_ PLAN AMENDMENT (GPA) 03-02, REZONE (RZ) 04-01, ENTITLEMENTS TO ESTABLISH GENERAL PLAN AND ZONING DESIGNATIONS ON A 10.5 ACRE PARCEL FOR SENIOR HOUSING DEVELOPMENT, CONTINUED TO DECEMBER 6, 2005. (APN 666-011-27) (440.251460.20) The applicant had submitted a request to continue the public hearing until December 6, 2005. Therefore, no staff report was provided. Mayor Hart opened the public hearing and received no requests to provide testimony. Council Action: Moved by Mayor pro tern Swerdlin, seconded by Council Member Soto, and carried unanimously 4-0, to continue the public hearing for the consideration of General Plan Amendment (GPA) 03-02, Rezone (RZ) 04-01, entitlements to establish General Plan and Zoning Designations on a 10.5 acre parcel for senior housing development to December 6, 2005. RECESS AND RECONVENE Council recessed at 7:30 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 7:31 p.m. 5 11-15-2005 ADMINISTRATIVE ITEMS G1. PLANNING DIRECTOR a. RESOLUTION NO. 05-11-15-02 ADOPTED INITIATING CONSIDERATION OF A GENERAL PLAN AMENDMENT FOR A 10 -ACRE PARCEL LOCATED WITHIN THE WHISPERING HILLS ESTATES PLANNED COMMUNITY TO PROVIDE FOR THE FUTURE DEVELOPMENT OF A MULTI -FAMILY RESIDENTIAL APARTMENT PROJECT; AND THE MATTER REFERRED TO STAFF FOR ANALYSIS AND TO THE PLANNING COMMISSION FOR A RECOMMENDATION. (440.25) Description: Whispering Hills LLC submitted an application for a General Plan Amendment (GPA) and other entitlements for the proposed Villa Montana apartment home project on a 10 acre parcel within the planned community. The GPA would amend the General Plan Land Use Element to allow an apartment project of no more than three stories and up to 163 dwelling units on the designated site. Staff recommends Council adopt a resolution initiating consideration of a general plan amendment for a 10 acre parcel located within the Whispering Hills Estates Planned Community to provide for the future development of a multi -family, residential apartment project; and refer the matter to staff for analysis and to the Planning Commission for recommendation. Written Communications: Report dated November 15, 2005, by Larry Lawrence, Consulting Case Planner. Presentation: Larry Lawrence, Consulting Case Planner, summarized the staff report. Public Comment: Phillip Schwartze, consultant representing the applicant, provided an overview of the proposed project. Mark Nielsen, city resident, (comments provided by Mayor Hart at the request of Nielsen, as he was unable to attend) was concerned with 1) the inappropriate location for affordable housing due to lack of transportation and shopping; 2) the proposal is contrary to the original project Environmental Impact Statement and the citizens' vote on Measure CC; 3) the proposal will increase density and traffic on the Ortega Highway; 4) the project is against the spirit of the General Plan as density should lower away from center of city; and 5) more appropriate locations for affordable housing include the Las Rambles or Lower Rosan sites. 6 11-15-2005 1 r-, Council Comments: Council Member Bathgate was opposed to initiating consideration of this General Plan Amendment. She was concerned about urban design issues of locating a higher intensity project at the periphery of the city, which would be more appropriate closer to the center of town. Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Soto, and carried 3-1-0 with Council Member Bathgate opposed, to adopt RESOLUTION NO. 05-11-15-02, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING CONSIDERATION OF A GENERAL PLAN AMENDMENT FOR PROPERTY WITHIN THE WHISPERING HILLS ESTATE PLANNED COMMUNITY, LOCATED ON THE EAST SIDE OF LA PATA AVENUE APPROXIMATELY 1.4 MILES SOUTH OF ORTEGA HIGHWAY (VILLA MONTANA, APN 124-223-81)." ROLL CALL AYES: COUNCIL MEMBERS: Swerdlin, Soto, and Mayor Hart NOES: COUNCIL MEMBERS: Bathgate ABSTAIN: COUNCIL MEMBERS: None G2. ADMINISTRATIVE SERVICES DIRECTOR a. RESOLUTION NO. 05-11-15-03 ADOPTED APPROVING DELETION OF ORTEGA HIGHWAY FROM FURTHER CONSIDERATION AS AN OPTION IN THE ORANGE COUNTY TRANSPORTATION AUTHORITY, RIVERSIDE - ORANGE COUNTY, MAJOR INVESTMENT STUDY. (800.20) Description: The Orange County Transportation Authority (OCTA) and Riverside County Transportation Commission (RCTC) are working together to find transportation solution that will ease the commute for residents from both counties. Various transportation options have been evaluated to help facilitate traffic between Orange and Riverside Counties. When the MIS study was first initiated, the City requested that Ortega Highway be deleted from the study. It was believed that traffic from Riverside would benefit more from a direct route to the employment centers located in central Orange County and further north. The OCTA Board recommended Ortega Highway be reviewed as an option. When the costs for the project were released in October of this year, it was decided that it would not be cost efficient to widen Ortega Highway and that other alternatives would provide more benefit. Staff recommends Council approve a resolution requesting deletion of Ortega Highway as an option in the Orange County Transportation Authority, Riverside -Orange County, Major Investment Study. 7 11-15-2005 Written communications: Report dated November 15, 2005, by William Huber, Assistant City Manager. Presentations: William Huber, Assistant City Manager, summarized the staff report. Public Comment: Stan Wylazlowski, representing the Chamber of Commerce, read a letter the Chamber had forwarded to legislative representatives that supported the city's opposition to the Ortega Highway option. Council Action: Moved by Council Member Bathgate, seconded by Council Member Soto and carried unanimously, 4-0, to adopt RESOLUTION NO. 05-11- 15-03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING DELETION OF ORTEGA HIGHWAY FROM FURTHER CONSIDERATION AS AN OPTION IN THE ORANGE COUNTY TRANSPORTATION AUTHORITY, RIVERSIDE - ORANGE COUNTY, MAJOR INVESTMENT STUDY." ORDINANCES ORDINANCE NO. 910 APPROVING AN AMENDMENT TO THE MUNICIPAL CODE AND THE OFFICIAL ZONING MAP RELATED TO THE MISSION FLAT — MISSION HILLS PLANNING AREA ADOPTED. (TITLE 9) (460.20) Description: Second reading and adoption of the Ordinance is necessary to approve the amendment to the Municipal Code and the Official Zoning Map related to the Mission Flat- Mission Hills Planning Area. Molly Bogh, Planning Director, reported that the moratorium that is currently in place for the Mission Hill — Mission Flats area will be repealed when Ordinance No. 910 goes into effect on December 15, 2005. Meg Monahan, 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)." Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Bathgate, and carried unanimously, 4-0, to adopt Ordinance No. 910, 11-15-2005 approving an amendment to the Municipal Code and the official Zoning Map related to the Mission Flat -- Mission Hills Planning Area adopted. COUNCILMANIC ITEMS - None ADJOURNMENT There being no further business, Mayor Hart adjourned the meeting at 8:06 p.m. to Tuesday, December 6, at 5:30 p.m. for Closed Session, and 7:00 p.m. for the Public Business Session in the City Council Chamber. Respectfully sub RET R. MONAHAN, CITY CLERK December 20, 2005 `-ATTEST: 15AVIO M. SWERDLIN, MAYOR 1 9 11-15-2005