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.
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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
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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.
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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.
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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.
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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
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