06-0117_CC_Minutes_Regular MeetingMINUTES
JANUARY 17, 2006
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85) - None
Mayor Swerdlin called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:02 p.m. in the City Council Chamber. Council Member Hart 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; Douglas
Dumhart, Economic Development Manager; Joe Mankawich, Associate Engineer, Bill
Ramsey, Principal Planner, and Elizabeth White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Soto reported representing the City at the Capistrano Villas' Coalition
last Saturday. The event is a unification of the Latino community at the Basilica San
Juan Capistrano.
Council Member Bathgate reported attending recent South Orange County Wastewater
Authority and San Juan Basin Authority meetings.
Mayor pro tem Allevato announced current activities and resources related to efforts to
renew the Measure M transportation funding program.
Mayor Swerdlin announced his anticipated selection of President of the Orange County
Vector Control Board. He also provided the Vector of the Month, Flies that cause
Myiasis.
NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Council Member Hart provided his report under Agenda Item 1-1.
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ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced upcoming citywide events
including a teacher's open house, a Chamber of Commerce breakfast, the Boys and
Girls Club annual awards dinner, and the annual CARE Car Show at the Sports Park.
INTRODUCTIONS PRESENTATIONS AND DONATIONS
KARL HIRSCH, FORMER WATER ADVISORY COMMISSIONER
RECOGNIZED (610.40)
Meg Monahan, City Clerk, recognized Karl Hirsch for his contributions to the city;
and Mayor Swerdlin presented him with a plaque.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.90)
Mayor pro tem Allevato introduced the following individuals in attendance:
Sheldon Cohen and Robert Cardoza, Planning Commission; Larry Kramer,
Transportation Commission; Lee Goode, Water Advisory Commission; Marie
Buckner and Joann de Guevara, Housing Advisory Committee; Brad Gates,
Retired Orange County Sheriff; and Phil Schwartze, former Mayor.
ORAL COMMUNICATIONS
Je'net Kreitner, Second Harvest Food Rive, City of Corona resident, encouraged
citywide contributions to the annual Second Harvest Food Drive.
Ed Parr, City resident, suggested a reduction in the number of "No Parking" signs on the
west side of Valle Road and suggested improvement of the 1-5 on-ramp at the terminus
of Valle Road intersection.
Bob King, City resident, representing Save Our San Juan, spoke in opposition to a City
of Mission Viejo proposed extension of the 73 -toll road connecting to Antonio Parkway
or the proposed 241 -toll road extension. He requested a city public meeting on the
matter and requested the Council take a position in opposition to the matter. He
presented a related petition. The following people also spoke in support of his requests:
Jerry William, City resident, President of Village San Juan Homeowners Association
Ken Michael, City resident, President of the Summer Walk Homeowners Association
George Reiner, City resident, President of Capistrano Royal Homeowners Association
Ben Bengali, City resident, President of Marbella Homeowners Association
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Tom Barrett, City resident President of Stoneridge Homeowners Association
Other individuals who requested notification of this issue include:
Joan Priestley, City resident
Susan Gatty, City resident
William M. Huber, Assistant City Manager, reported that the extension of the 73 -toll road
is in conceptual stages. Dave Adams, City Manager, reported that part of a settlement
agreement between the City of Mission Viejo and Rancho Mission Viejo is that the
Ranch would not oppose extension of the 73 -toll road. He added that the City would
notify the homeowners associations of Orange County Transportation Authority (OCTA)
public meetings on the subject.
Gregory Weiler, City resident, requested the Council oppose any future efforts to extend
San Juan Creek Road to La Pata,
Monika Mukai, City resident, spoke regarding the inappropriate removal of a specimen
Bougainvillea vine from the front her property (know as the Lupe Combs house), by city
crews.
CONSENT CALENDAR
Council Action: Moved by Council Member Soto, seconded by Council Member
Hart, and carried unanimously, 5-0, to approve items 1 though 3 and 5 through 10 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF DECEMBER 6, 2005 APPROVED
AS SUBMITTED.
3. MINUTES OF THE REGULAR MEETING OF DECEMBER 20, 2005
APPROVED AS SUBMITTED.
4. ACCOUNTS PAYABLE WARRANTS DATED JANUARY 5, 2006, IN THE
AMOUNT OF $2,065,866.60; AND PAYROLL WARRANTS DATED DECEMBER
29, 2005, IN THE AMOUNT OF $253,373.58, RECEIVED AND FILED. (300.30)
This item was removed from the agenda to allow Council Member Bathgate to
abstain.
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Council Action: Moved by Council Member Soto, seconded by Council ---
Member Hart, and carried 4-0-1, with Council Member Bathgate abstaining, to
receive and file Accounts Payable Warrants dated January 5, 2006, in the
amount of $2,065,866.60; and Payroll Warrants dated December 29, 2005, in the
amount of $253,373.58.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
Allevato, Soto, Hart, Mayor Swerdlin
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Bathgate
5. ANNUAL FINANCIAL REPORT OF DEVELOPER IMPACT FEES, PURSUANT
TO GOVERNMENT CODE SECTION 66006 (AB 1600 REPORT) RECEIVED
AND FILED (420.20)
6. RESOLUTION NO. 06-01-17-01, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA
GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR,
SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF
2002," ADOPTED. (920.40)
7. RESOLUTION NO. 06-01-17-02, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ROBERT-
Z'BERG-HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA
CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND
COASTAL PROTECTION ACT OF 2002," ADOPTED. (930.20)
8. RESOLUTION NO. 06-01-17-03, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE APPLICATION AND REIMBURSEMENT FOR GRANT
FUNDS TO THE CALIFORNIA CULTURAL AND HISTORICAL ENDOWMENT
UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE
NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 FOR
THE MONTANEZ ADOBE GARDEN/PLAZA PROJECT (PROPOSITION 40),"
ADOPTED. (910.50)
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9. RESOLUTION NO. 05-06-07-01, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING AN EASEMENT FOR SEWER PURPOSES AND EASEMENTS
FOR STORM DRAIN PURPOSES AND A DEED FOR RIGHT-OF-WAY AND
UTILITY PURPOSES FOR OSO ROAD WITHIN ASSESSOR'S PARCEL NO.
121-070-55 AND 56 (SADDLEBACK VALLEY CHRISTIAN SCHOOL; AC 99-05
& 00-09)" ADOPTED; AND THE CITY CLERK DIRECTED TO FORWARD THE
DOCUMENTS TO THE ORANGE COUNTY RECORDER, UPON SUBMITTAL
OF THE ADDITIONAL STORM DRAIN EASEMENT. (670.50)
9. PLANS AND SPECIFICATIONS FOR THE COOKS RESERVOIR
REPLACEMENT PROJECT APPROVED; AND THE CITY CLERK DIRECTED
TO RELEASE THE PROJECT FOR PUBLIC BID (RBF CONSULTING, INC.)
(CIP NO. 769) (600.30)
10. CLAIM OF GREG MCTEE DENIED, BASED UPON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY. (170.70)
11. RESOLUTION NO. 06-01-17-04 ADOPTED, DECLARING THE WORK
COMPLETE FOR THE RANCHO VIEJO SLOPE REPAIR PROJECT; THE CITY
CLERK DIRECTED TO RECORD THE NOTICE OF COMPLETION; AND
STAFF AUTHORIZED TO RELEASE THE RETENTION 35 DAYS AFTER
RECORDATION (600.30)
This item was pulled from the Consent Calendar to allow Council Member Soto
to inquire about the work completed and compliment staff on their efforts.
Council Action: Moved by Council Member Soto, seconded by Council
Member Allevato, and carried unanimously, 5-0, to adopt RESOLUTION NO. 06-
01-17-04, 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 RANCHO
VIEJO SLOPE REPAIR (SOUTHLAND CONSTRUCTION);" the City Clerk
directed to record the notice of completion; and authorize Staff to release the
retention 35 days after recordation. (Rancho Viejo Road at Spotted Bull Lane).
PUBLIC HEARINGS
1. CORRECTIONS TO THE CITY'S SCHEDULE OF FEES AND CHARGES FOR
CITY SERVICES PUBLIC HEARING OPENED AND CONTINUED TO
FEBRUARY 7, 2006 AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER. (390.10)
SP 5 1-17-2006
Description; In July 2005 the City Council approved a comprehensive schedule
of fees and charges for City services. Staff has identified a few minor corrections
that need to be made for consistency with approved agreements (Trash
Collection), duplications, clarification, and wording. The corrections include:
Exhibit A- Misc. Fee Summary, Exhibit E- Planning Fee Summary, Exhibit F -
Engineering Fees Summary, and Exhibit G- Building Fees Summary. Staff
recommended Council approve the corrections to the Schedule of Fees and
Charges for City Services approved on July 5, 2005.
Cindy Russell, Administrative Services Director, reported that since the schedule
was prepared a new fee was proposed and suggested that the public hearing be
opened and continued to the next regular scheduled meeting.
Mayor Hart opened the public hearing. There was no public testimony.
Council Action: Moved by Council Member Soto, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to continue Corrections to the
City's Schedule of Fees and Charges for City Services, with the public hearing
held open, to the regular meeting of February 7, 2006.
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 9APN 666-011-27) (SAN JUAN GOLF, INC.) (CONTINUED
FROM DECEMBER 6, 2005) CONTINUED TO THE REGULAR MEETING OF
TUESDAY, FEBRUARY 7, 2006. (440.251460.20)
Description: At their December 6, 2005 meeting, the City Council continued
consideration of the project to this evening's meeting and requested an
evaluation of the project's proforma financial analysis to justify the requested
project acreage and density for the senior housing component. As of the agenda
deadline date, the applicant had not submitted all required information to the
City's economic consultant, Keyser -Marston Associates (KMA). Consequently
this project must be continued to the next regularly scheduled meeting on
February 7, 2006.
Mayor Hart opened the public hearing.
Public Testimony:
Pauline Leonard, city resident, spoke in opposition to the project due to the
proposed senior housing, which does not meet the city's needs, and the
proposed land -swap of city open space.
Tom Hribar, city resident, opposed the project due view impacts and density
issues.
1-17-2006 SV
Mark Nielsen, city resident, opposed the project as it is not in context with the
General Plan, scenic vista impacts, inappropriate use of open space, and
inconsistent development issues.
Roberto Brutocao, project applicant, provided updated information on project
requirements, noting that a proforma is no longer needed.
Bob Schrank, city resident, was opposed to three-story buildings and impacts on
view sheds.
Mayor Swerdlin reported that he received a telephone call from Patricia Jones
and Shelagh Hegarty, city residents, both opposed to the project due to traffic
concerns.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Soto, and carried unanimously, 5-0, to continue 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, with the public hearing held open, to the regular meeting of
January 17, 2006.
RECESS AND RECONVENE
Council recessed at 8:05 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:06 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. THE CONCEPT OF GROWING EXPERIMENTAL GRASSES ON THE
TERMINUS OF SAN JUAN CREEK ROAD BY BLENHEIM FARMS APPROVED;
AND STAFF DIRECTED TO RETURN WITH A LICENSE AGREEMENT FOR
CITY COUNCIL CONSIDERATION (820.20)
Description: The City received a request dated December 20, 2005, from
Blenheim Farms to use the terminus of San Juan Creek Road to grow
experimental grasses. Blenheim Farms is proposing use of San Juan Creek
Road right-of-way, east of the Paseo Chico terminus. The right-of-way for San
Juan Creek Road is approximately 104 feet wide by 800 feet in length from the
current terminus to the City limits. Blenheim Farms has prepared a concept plan
depicting how they envision using this area. Should the City Council be
amenable to the concept, Staff would prepare a License Agreement spelling out
all of the terms and conditions for such an arrangement. At this time Staff is
seeking Council direction prior to investing time to prepare a License Agreement
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for this venture. Staff recommended Council approve the concept of growing
experimental grasses on the terminus of San Juan Creek Road by Blenheim
Farms and direct staff to return with a License Agreement for City Council
consideration.
Written Communications: Report dated January 17, 2006, by Douglas D.
Dumhart, Economic Development Manager.
Presentation: Douglas D. Dumhart, Economic Development Manager,
summarized the staff report.
Public Comment:
Paul Avila, and Joe Pulone, city residents, requested involvement in establishing
terms of a license agreement because operations on property will impact their
homes.
R. J. Brandes, city resident, provided detailed information concerning his
proposal to grow experimental grasses.
Council Action: Moved by Council Member Hart, seconded by Council
Member Soto, and carried unanimously, 5-0, to approve the concept of growing
experimental grasses on the terminus of San Juan Creek Road by Blenheim
Farms and direct staff to return with a License Agreement for City Council
consideration.
G2. PLANNING DIRECTOR
a. RESOLUTION NO. 06-01-17-05 ADOPTED INITIATING PREZONING AND
ANNEXATION PROCEEDINGS AND APPROVING A PROPERTY TAX
EXCHANGE AGREEMENT BETWEEN THE CITY AND THE COUNTY OF
ORANGE FOR THE RANCHO CAPISTRANO PROPERTY (RANCHO
CAPISTRANO)(CRYSTAL CATHEDRAL MINISTRIES)(APNS 637-082-64,65,
66, 67, AND 68) (390.801620.20)
Description: "Rancho Capistrano" is a 92 acre island of unincorporated territory
located adjacent to the City's northwest boundary. It is surrounded by the
incorporated cities of San Juan Capistrano to the south, east, and west, and by
Laguna Niguel to the north. California Government Code Section 56375.3 allows
Local Agency Formation Commissions (LAFCOs) to expeditiously process
annexations of unincorporated islands of less than 150 acres without a protest
hearing. Staff recommended Council adopt Resolution No. 06-01-17-05 initiating
prezoning and annexation proceedings and approving a property tax exchange
agreement between the City and the County of Orange for the Rancho
Capistrano property.
1-17-2006
Written Communications: Report dated January 17, 2006, by Larry N.
Lawrence, Consulting Case Planner.
Presentation: Molly Bogh, Planning Director, reviewed the staff
recommendation.
Council Action: Moved by Council Member Soto, seconded by Council
Member Bathgate, and carried unanimously, 5-0, to adopt RESOLUTION NO.
06-01-17-05 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING ANNEXATION
PROCEEDINGS AND PREZONING AND APPROVING A PROPERTY TAX
EXCHANGE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND THE COUNTY OF ORANGE FOR THE RANCHO CAPISTRANO
PROPERTY (CRYSTAL CATHEDRAL MINISTRIES)."
ORDINANCES - None
COUNCILMANIC ITEMS
1. NORTHWEST AREA STRATEGIES COMMITTEE STRUCTURE REVISED TO
INCLUDE: (12) PUBLIC MEMBERS AS APPOINTED BY THE CITY COUNCIL,
(2) PLANNING COMMISSIONERS, AND (2) CITY COUNCIL MEMBERS.
(530.40)
Description: At the October 24, 2006 joint meeting of the City Council and
Planning Commission, it was determined that a nine member committee would
be formed to help guide development of strategies for the possible retention and
acquisition of additional Open Space in the cities northwest area. The committee
structure was revised; twelve citizens will serve, the property owner
representatives including Mark Campaign, Cheryl Ellison, and Phillip Schwartze
will not serve on the committee, but instead be involved in a staff led working
group concerned with planning strategies; and Gary Hausdorfer is appointed as
an advisor to the committee due to his past success with the local open space
bond measure. The previously appointed City Council members serving on this
committee include Council Member Hart (Chairman) and Mayor pro tem Allevato.
The two Planning Commissioners, appointed by the Planning Commission, to
serve on the committee include Sheldon Cohen and Timothy Neely. Staff
recommended Council concur with the Council subcommittee appointees'
recommendation to the Northwest Area Strategies Ad Hoc Committee.
Written Communications: Report dated January 17, 2006 by William M. Huber,
Assistant City Manager.
Presentation: William M. Huber, Assistant City Manager, summarized the staff
report.
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Council Discussion:
Council members discussed that the committee would consider acquisition of
developable private property and potential uses that would benefit the city as well
as planning and improvements to existing open space.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Soto, and carried unanimously, 5-0, to concur with the Northwest Area
Strategies Committee structure revision to include: (12) public members as
appointed by the City Council, (2) Planning Commissioners, and (2) City Council
members; property owner representatives including Mark Campaign, Cheryl
Ellison, and Phillip Schwartze will not serve on the committee, but instead be
involved in a staff led working group concerned with planning strategies; and
Gary Hausdorfer is appointed as an advisor to the committee due to his past
success with the local open space bond measure. Members of the public
appointed to serve on the Committee include: Marlene M. Draper, Colleen Lynn
Edwards, Matt Gaffney, Brad Gates, Tom Hribar, Shigeru Kinoshita, Larry Joe
Kramer, W. Thomas Lunnen, Mark Nielsen, Thomas G. Ostensen, Richard (Dick)
L. Paulsen, and Renee R. Ritchie.
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 8:58 p.m. to
Tuesday, February 7, 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,
MAAGARET R. MONAHAN, CITY CLERK
February 21, 2006
ATTEST:
DAVID M. SWEkDLIN, MAYOR
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