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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. 12-20-2005 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 2 12-20-2005 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 3 12-20-2005 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. 4 12-20-2005 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 5 12-20-2005 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 6 12-20-2005