06-0103_CC_Minutes_Regular MeetingMINUTES
JANUARY 3, 20G6
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION 610.85: 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 Allevato
led the Pledge of Allegiance and Mayor pro tem Swerdlin 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; 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; Bill Ramsey, Principal Planner; and Elizabeth White, Recording
Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Mayor Swerdlin requested that review of City Council Priorities be placed on the agenda
in February 2006, Council Members concurred.
Mayor Swerdlin appointed Mayor pro tem Allevato and Council Member Bathgate as the
Mayor's subcommittee to review applications and appointments to City Boards,
Committees and Commissions.
NORTHWEST AREA STRATEGIES AD HOC COMMITTEE REPORTS
Council Member Hart reported that applicants for the Citizen -at -Large positions were
being interviewed. He anticipated a recommendation to be presented to the City
Council on January 17, 2006.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced upcoming community wide
events sponsored by the EI Camino Real Playhouse and the Fiesta Association.
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INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. LONG TERM EMPLOYEE BILL HUBER RECOGNIZED (610.40)
Dave Adams, City Manager, recognized Bill Huber, Assistant City Manager, for
his fifteen years of service to the City. Mayor Swerdlin presented him with a
Certificate of Recognition.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Allevato introduced the following individuals in attendance: Les
Blair, Council Liaison to the San Juan Seniors; Gene Ratcliffe, Planning
Commission; Mark Hawkins, Orange County Fire Authority Battalion Chief; and
Phillip Schwartze, former Mayor.
ORAL COMMUNICATIONS: None
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Council Member
Bathgate, and carried unanimously, 5-0, to approve items 1 through 6 as recommended
by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. ACCOUNTS PAYABLE WARRANTS DATED DECEMBER 21, 2005, IN THE
AMOUNT OF $819,905.87; AND PAYROLL WARRANTS DATED DECEMBER
16, 2005, IN THE AMOUNT OF $304,469.16, RECEIVED AND FILED. (300.30)
3. REPORT OF INVESTMENTS, MONTH ENDING NOVEMBER 30, 2005,
RECEIVED AND FILED. (350.30)
4. RESOLUTION NO. 06-01-03-01 ADOPTED, ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE MAJOR SEWER REPAIRS;" CONTRACT
CHANGE ORDER NO. 1, FOR A SAVING OF $15,709.35 ACCEPTED;
CONTRACT CHANGE ORDER NO. 2, IN THE AMOUNT OF $35,995.15
ACCEPTED; THE CITY CLERK DIRECTED TO PROCESS THE RECORDING
OF THE PROJECT NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO
RELEASE THE 10% RETENTION, IN THE AMOUNT OF $40,323.58, 35 DAYS
AFTER RECORDATION. (600.30)
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5. RESOLUTION NO. 06-01-03-02 ADOPTED, ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING THE CITY OF SAN JUAN CAPISTRANO FLEXIBLE
BENEFITS PLAN EFFECTIVE JANUARY 1, 2006." (720.40)
6. CASH BALANCES BY FUND, NOVEMBER 2005, RECEIVED AND FILED.
(330.50)
PUBLIC HEARINGS
1. RESOLUTION NO. 06-01-03-03 ADOPTED DENYING TENTATIVE PARCEL
MAP (TPM) 03-142 (420.70)
Description: Anvari Associates requested approval of a tentative parcel map on
2.2 acres to create 4 half -acre lots for the development of custom, single-family
detached homes. The Planning Commission reviewed the project on June 28,
July 12, October 25, and November 8, 2005 and adopted resolutions finding that
the project is inconsistent with design policies of the General Plan and that the
findings for subdivision approval cannot be made, and recommended denial of
the project.
Written Communication:
Report dated January 3, 2006, by William Ramsey, Principle Planner.
Letter to the City dated December 29, 2005, from Phillip Schwartze, The PRS
Group, in support of the project.
Presentations: William Ramsey, Principle Planner, summarized the staff
report.
Mayor Swerdlin opened the public hearing.
Public Testimony:
Phillip Schwartze, city resident, supported the application and provided project
processing history.
Jaffar Tavassol, city resident, supported the proposal as it would provide sewer
hookup and more slope stability.
Eric Kupferberg, city resident, opposed the proposal due to concerns with slope
stability.
Ron Holmes, city resident, opposed the proposal due to concerns with slope
stability.
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Sean Sweeney, city resident, opposed the proposal due to the project design and
potential of similar proposals.
Mayor Swerdlin closed the public hearing.
Council Member Hart ascertained that an adjacent developer was required to
provide sewer stub -out to the entrance of the applicant's proposal.
Council Action: Moved by Council Member Hart, seconded by Mayor pro
tem Allevato, and carried unanimously, 5-0, to adopt Resolution No. 06-01-03-
03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DENYING A PROPOSED FOUR LOT
PARCEL MAP ON AN EXISTING 2.2 ACRE PARCEL LOCATED ALONG THE
EAST SIDE OF FORSTER RANCH ROAD SOUTH OF THE McCRACKEN HILL
PRIVATE GATE."
2. RESOLUTION NO. 06-01-03-04 ADOPTED APPROVING APPLICATION OF
THE CALIFORNIA VEHICLE CODE TO THE PRIVATELY OWNED AND
MAINTAINED STREETS WITHIN THE SAN JUAN MOBILE ESTATES, AS
MOBILE HOME PARK (345.20)
Description: The San Juan Mobile Estates property owner requested City
approval of application of provisions of the California Vehicle Code (CVC) on the
private streets within the mobile home park. Staff recommended the California
Vehicle Code (CVC) be applied to private streets within the San Juan Mobile
Estates in order to provide a mechanism to encourage safe driving practices and
legal enforcement on the private streets.
Written Communications:
Report dated January 3, 2006, by Alan Oswald, Senior Engineer.
Presentation: Nasser Abbaszadeh, Engineering & Building Director,
summarized the staff report.
Mayor Swerdlin opened the public hearing.
Don Miller, city resident, supported application of the vehicle code within the
mobile home par, based on density and need.
Brian Boulton, city resident, relayed the on-going speeding problems and
supported the proposal.
Mayor Swerdlin closed the public hearing.
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Council Action: Moved by Mayor pro tem Allevato, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to adopt Resolution No. 06-
01-03-04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR APPLICATION OF
THE CALIFORNIA VEHICLE CODE TO PRIVATE STREETS WITHIN SAN
JUAN MOBILE ESTATES, A MOBILE HOME PARK."
RECESS AND RECONVENE
Council recessed at 8:02 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:03 p.m.
ADMINISTRATIVE ITEMS - None
ORDINANCES - None
COUNCILMANIC ITEMS
1. CITY COUNCIL REPRESENTATIVES APPOINTED TO OUTSIDE
ORGANIZATIONS AND SUBCOMMITTEES (610.60)
Description: At the beginning of each year, the City Council reviews
appointments of Council Members to various outside agencies and committees
and takes formal action to reaffirm current appointments or make new
appointments. Staff recommended Council complete this annual process for
outside agencies and subcommittees until January 2007.
Written Communications: Staff report by Meg Monahan, City Clerk.
Oral Communications: Meg Monahan, City Clerk, summarized the staff
report.
Council Action: Moved by Mayor pro tem Allevato, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to appoint City Council
members to serve as representative to various outside agencies and
subcommittees until January 2007, as follows.
California Joint Powers Insurance Authority
David M. Swerdlin
Diane Bathgate, Alt.
EI Toro Reuse Planning Authority
Wyatt Hart
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Inter -Jurisdictional Growth Management Areas 9 & 11 (OCTA)
Diane Bathgate
Sam Allevato, Alt.
Operational Area Council
Diane Bathgate
Sam Allevato, Alt.
Orange County Fire Authority (OCFA)
Sam Allevato
Wyatt Hart, Alt.
Orange County League Of Cities
Joe Soto
Sam Allevato, Alt.
Orange County Library Advisory Board
Joe Soto
Diane Bathgate, Alt.
Orange County Transportation Authority (OCTA) Elected Officials
Diane Bathgate
Sam Allevato, Alt.
Regional Governance Advisory Committee
Joe Soto
Wyatt Hart, Alt.
San Juan Basin Authority
Diane Bathgate
Joe Soto, Alt.
South Orange County Wastewater Authority Joint Powers Authority
(SOCWA)
Diane Bathgate
Joe Soto, Alt.
Transportation Corridors Agencies
Foothill/Eastern & San Joaquin Hills
David M. Swerdlin
Diane Bathgate, Alt.
Water Quality & Watershed Management Committee (Formerly Floodplain
Management Committee)
Diane Bathgate
Joe Soto
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Note: Appointments involving City Council members, but not made by the City
Council, include:
Orange County Council of Governments (OCCOG)
David M. Swerdlin (TCA rep)
Orange County Vector Control Board
David M. Swerdlin
(Term through Dec 2006)
Orange County Waste Management Commission (Appt by 51h Dist Sup.)
Joe Soto
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 8:09 p.m. to
Tuesday, January 17, 2006, 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,
MAFIA"- R. MONAHAN, CITY CLERK
February 7, 2006
ATTEST:
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DAVID K4. SWERD IN, MAYOR
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