05-1220_CC_Minutes_Regular Meeting1
MINUTES
DECEMBER 20, 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
Executive Employees.
Mayor Swerdlin 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 Allevato gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, Diane Bathgate, Joe Soto, Mayor pro
tem Sam Allevato, and Mayor David M. Swerdlin.
COUNCIL MEMBERS ABSENT: None
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; and
Elizabeth White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Hart reported that applications for the citizen -at -large appointments to
the Northwest Area Strategies Committee had been received and interviews will be
conducted.
Mayor pro tem Allevato reported the transportation projects proposed by the Measure M
Super Committee to be included in the proposed 30 year renewal of the fund.
Mayor Swerdlin reported the vector of the month, Bed Bugs; and the upcoming
Transportation Corridor Agency's review of the environmental documentation for the
extension of the 241 toll road, as well as upcoming related public meetings.
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ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, provided a summary of successful
Holiday related community events.
INTRODUCTIONS AND PRESENTATIONS
1. PRESENTATION OF CERTIFICATE OF APPRECIATION TO CAPT. LECIA
ELZIG (610.40)
Mayor Swerdlin recognized California Highway Patrol Captain Lecia Eizig for her
faithful service to the community and Orange County. A representative from the
agency accepted on her behalf.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Allevato recognized the following individuals in attendance: Joe
Drey, Planning Commission and Phil Schwartze, former Mayor.
ORAL COMMUNICATIONS
Dusty Otero, 31711 Via Madonna, asked that the city address maintenance issues
related to a block wall behind La Zanja Street. Nasser Abbaszadeh, Engineering &
Building Director, responded that he would be in contact with Mr. Otero in response to
his concerns.
CONSENT CALENDAR
Council Action: Moved by Council Member Soto, seconded by Mayor pro tem
Allevato, and carried unanimously, 5-0, to approve items 1, 2, and 4 as recommended
by staff:
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF NOVEMBER 15, 2005,
APPROVED AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED DECEMBER 8, 2005, IN THE
AMOUNT OF $2,096,479.54; AND PAYROLL WARRANTS DATED DECEMBER
2, 2005, IN THE AMOUNT OF $267,407.93, 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 Allevato, and carried 4-0-1, with Council Member Bathgate abstaining, to
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receive and file Accounts payable warrants dated December 8, 2005, in the
amount of $2,096,479.54; and payroll warrants dated December 2, 2005.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Soto, Hart, Mayor Swerdlin
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate
4. RESOLUTION NO. 05-12-20-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, SUPPORTING THE RECOMMENDATIONS OF 'NO TIME TO
WASTE: A BLUEPRINT FOR CALIFORNIA WATER."' (1050.90)
5. CONSIDERATION OF ACCEPTING EASEMENTS FOR STREET AND UTILITY
PURPOSES, STORM DRAIN PURPOSES, AND RECREATIONAL TRAIL
PURPOSES (WHISPERING HILLS LLC) (TENTATIVE TRACT 16634)
WITHDRAWN FROM CONSIDERATION (670.50)
6. CONSIDERATION OF APPROVAL OF A FINAL MAP AND SUBDIVISION
IMPROVEMENT AGREEMENT FOR TRACT 16634, WHISPERING HILLS
ESTATES (WHISPERING HILLS LLC) WITHDRAWN FROM CONSIDERATION
(600.30)
PUBLIC HEARINGS
1. RESOLUTION NO. 05-12-20-02 ADOPTED, ADOPTING A MITIGATED
NEGATIVE DECLARATION AND APPROVING TENTATIVE TRACT 16146,
BELLADONNA ESTATES, WITH MODIFICATIONS RECOMMENDED BY
STAFF. (420.40)
Council Member Soto recused himself from this item due to a business
relationship with a participating party. He left the Council Chamber for the
duration of the item discussion and action.
Description: The project was continued by the City Council from its meeting on
May 17, 2005 after staff was directed to prepare a hydrology study for an
unimproved drainage course located adjacent to the project site. The City
Council approved a contract with MV Consulting to prepare a hydrology study for
this drainage course, to include hydraulic calculations and geotechnical analysis.
The consultants recommendations for improvements to the drainage course call
for an earthen, vegetated, trapezoidal channel to be located within the existing
drainage easement as well as within additional easement area to be dedicated
by the applicant. Staff has reviewed the results of the drainage study with
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property owners in the vicinity at a stakeholders meeting on November 30, 2005,
who were generally favorable regarding the recommended improvements
because the drainage area will retain a natural, vegetated look and prevent slope
erosion. Staff met with the applicant's representatives on December 6, 2005 to
discuss how the study may be incorporated into the subdivision proposal, and the
applicant indicated concurrence with the requirement for additional drainage
easement to implement the drainage plan. Based on the study, public input, and
discussions with the applicant, staff has prepared recommended conditions of
approval for the project. Staff recommends Council adopt a Resolution approving
a Mitigated Negative Declaration and Tentative Tract 16146, based on the
findings and subject to the conditions set forth.
Written Communication:
Staff report dated December 20, 2005, by Molly Bough, Planning Director.
Letter to the City dated December 19, 2005 from Joseph A. Ferrentino,
Newmeyer & Dillon, representing the applicant, in support of the project.
Letter to the City dated December 19, 2005 from Joseph M. Gartner,
representing the Richard K. Gartner Living Trust in support of the project.
Letter to the City dated December 20, 2005 from Joseph A. Ferrentino,
Newmeyer & Dillon, representing the applicant, in support of the project.
Presentations: Molly Bough, Planning Director, summarized the staff report and
provided a staff response and recommendation to letters received from the
applicant's attorney since December 19, 2005. She also recommended certain
revisions to the Conditions of Approval.
Mayor Swerdlin opened the public hearing.
Public Testimony:
Joe Ferrentino, Newmeyer & Dillion, 895 Dove Street, attorney representing the
applicant, Rick Scalzo, provided general concurrence with a majority of the
recommended actions. He was opposed to the applicant taking responsibility
and liability for the drainage channel and requested completion of a Notice of
Determination if Council follows the Staff recommendation.
Ed Connor, 30651 Steeplechase Drive, attorney representing the Art Birtcher
Family, was concerned with the character of the access road that fronts the
applicant's development and provides access to the Birtcher home. He felt that a
related license agreement was fraudulent due to the manner in which it was
executed and suggested the City take over maintenance responsibility of the
road.
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Sharon Vanderlan, 32181 Paseo de Manuel, requested the opportunity to
provide public comments during Design Review Committee discussion of Lot 16
as development of this property will directly impact her property. She inquired
into the timeliness of completing the drainage easement. Molly Bogh, Planning
Director, responded that affected property owners will be invited to the subject
Design Review Committee meeting. Nasser Abbaszadeh, Engineering &
Building Director, estimated construction of the drainage easement to occur in
Spring or Summer of 2007. Without final design plans he could only estimate the
construction would take approximately 3 months to complete.
Mark Czerwin, 32131 Via Alicia, was concerned with maintenance of the
drainage channel and ongoing erosion and undermining of his property slope.
He requested immediate city involvement. He was opposed to construction of a
6 -foot high wall on the opposite side of the drainage channel. He recommended
equal sized easement and uniform slopes related to the drainage channel, Molly
Bogh, Planning Director, reported that drainage channel maintenance would be
the responsibility of a home owners association and the proposed wall would be
approximately 40 to 50 feet from Mr. Czerwin's property. Nasser Abbaszadeh,
Engineering & Building Director, indicated he would investigate the concerns
related to an undermined slope.
Marc Goldstein, 620 Newport Center Drive, accepted responsibility for the
license agreement related to the access road, indicating that it was not
fraudulently executed. He suggested gates for the access road.
Mayor Swerdlin closed the public hearing.
Council Comments: Council Members discussed the possibility of the city taking
maintenance responsibility for the access road adjacent to the applicant's site.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Hart, and carried 4-0-1, with Council Member Soto abstaining, to adopt
RESOLUTION NO. 05-12-20-02, entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A MITIGATED NEGATIVE DECLARATION AND APPROVING
TENTATIVE TRACT 16146 TO CREATE 31 RESIDENTIAL LOTS ON 16.14
ACRES LOCATED AT 32281 DEL OBISPO (ASSESSOR'S PARCEL NUMBERS
121-181-08 AND 121-181-12; BELLADONNA ESTATES)" with modifications
recommended by staff to remove one sentence from conditions 18 and 51
regarding inadequate downstream drainage facilities, and the addition of the
following wording to the end of condition 86: "including a 24 -inch storm drain
pipe system as shown on the typical section exhibit prepared by George
Polycrates dated 12122103;" and subject to the condition that the developer and
neighbors adjacent to the southwesterly access road meet and confer regarding
resolving maintenance obligations as between the developer and neighbors for
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future road maintenance of the southwesterly access road; that this meet and
confer process be facilitated by City staff with staff to report back to the City
Council within 60 days regarding the results of the meet and confer process; and
that the City Council shall make a final determination as to how permanent
maintenance obligations of this access road shall be performed as part of this
tentative map conditional approval.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS
RECESS AND RECONVENE
Allevato, Bathgate, Hart, Mayor
Swerdlin
None
Soto
Council recessed at 8:45 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:52 p.m.
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 8:52 p.m. to
Tuesday, January 3, 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,
MA G ET R. MONAHAN, CITY CLERK
Approv0d: January 17, 2006
ATTEST:
DAVID M. SW RD IN, MAYOR
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