06-0221_CC_Minutes_Regular Meeting1
MINUTES
FEBRUARY 21, 2006
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.$5): None
Mayor Swerdlin called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:04 p.m. in the City Council Chamber. Council Member Soto led
the Pledge of Allegiance and Council Member 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; Nasser Abbaszadeh, Engineering & Building
Director; Molly Bogh, Planning Director; Douglas Dumhart, Economic Development
Manager; Bill Ramsey, Principal Planner; Richard Greenbauer, Associate Planner;
Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Bathgate reported recent attendance at a South Orange County
Wastewater Finance meeting.
Mayor pro tem Allevato encouraged residents to review the Draft Plan for Measure M,
which is in the public comment phase. The final plan is expected on April 24, 2006.
Mayor Swerdlin reported recent Vector Control Board activities related to West Nile
Virus and the Bird Flu. He announced the Vector Control Vector of the Month is Mites of
Medical Importance.
NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Council Member Hart announced that the first meeting of the North West Strategies
Committee will be held in early March.
2-21-2006
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced upcoming communitywide
events hosted by the Chamber of Commerce, the San Juan Capistrano Library, and
events associated with the Fiesta de las Golondrinas.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. FORMER HOUSING ADVISORY COMMITTEE MEMBER CLAUDE VINCENT
RECOGNIZED. (610.40)
Meg Monahan, City Clerk, recognized Claude Vincent for his contribution to the
Housing Advisory Committee and Mayor Swerdlin presented Mr. Vincent with a
plaque.
2. FORMER TRANSPORTATION COMMISSIONER BRIAN BEEMAN
RECOGNIZED. (610.40)
Meg Monahan, City Clerk, recognized Brian Beeman for his contribution to the
Transportation Commission and Mayor Swerdlin presented Mr. Beeman with a
plaque.
3. FORMER HOUSING ADVISORY COMMITTEE MEMBER DAVID NAHAS
RECOGNIZED. (610.40)
Meg Monahan, City Clerk, recognized David Nahas for his contribution to the
Housing Advisory Committee and Mayor Swerdlin presented Mr. Nahas with a
plaque.
4. DEPUTY PAT RICH RECOGNIZED WITH DEPUTY OF THE YEAR AWARD
(610.40)
Lt. Mike Betzler, Chief of Police Services, recognized Deputy Pat Rich as the
2005 San Juan Capistrano Deputy of the Year; and Mayor Swerdlin presented a
special plaque with gratitude of the City Council.
5. COMMISSIONERS PRESENT AT MEETING INTRODUCED (110.10)
Mayor pro tem Allevato introduced the following individuals in attendance: Joe
Drey and Bob Cardoza, Planning Commission; Jill Hanna and Ilse Byrnes, Parks,
Recreation and Equestrian Commission; Joann de Guevara and Marie Buckner,
Housing Advisory Committee; Les Blair, Council Liaison to the San Juan Seniors;
Phillip Schwartze, former Mayor.
2 2-21-2006
1
L
1
ORAL COMMUNICATIONS
Je'net Krietner, Second Harvest Food Bank Special Coordinator, informed the
community of the upcoming Second Harvest food drive scheduled for March and April.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem
Allevato, and carried unanimously, 5-0, to approve items 1, 2, 4, and 5 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF JANUARY 17, 2006 APPROVED
AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 2, 2006, IN THE
AMOUNT OF $2,537,141.94; AND PAYROLL WARRANTS DATED JANUARY
27, 2006, IN THE AMOUNT OF $249,279.74, 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 Hart, seconded by Mayor pro
tem Allevato, and carried 4-0-1, with Council Member Bathgate abstaining, to
receive and file Accounts Payable Warrants dated February 2, 2006, in the
amount of $2,537,141.94; and Payroll Warrants dated January 27, 2006, in the
amount of $249,279,74.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Allevato, Soto, Mayor Swerdlin
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS
Bathgate
4. CLAIM OF DANIEL CARRILLO DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY. (170.70)
3
2-21-2006
5. RESOLUTION NO. 06-02-21-01, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING THE WORK COMPLETED AS TO PLANS AND SPECIFICATIONS
FOR THE AVENIDA PLACIDA LANDSLIDE DEBRIS REMOVAL (EARTH
CONSTRUCTION AND MINING)," ADOPTED; THE CITY CLERK DIRECTED
TO PROCESS RECORDING OF THE NOTICE OF COMPLETION; AND STAFF
AUTHORIZED TO RELEASE THE RETENTION 35 DAYS AFTER
RECORDATION. (600.30)
6. RESOLUTION NO. 06-02-21-02 ADOPTED ACCEPTING NINE
RECREATIONAL TRAIL EASEMENTS WITHIN THE PRIVATE PORTION OF
AVENIDA EVITA (670.50)
This item was removed from the Consent Calendar to allow public comment.
Description: Residents on and adjacent to Avenida Evita requested the City
improve the existing trail easements. After review and extensive discussion with
the residents, the Parks, Recreation, and Equestrian Commission recommended
that equestrians use the private roadway, which would require obtaining new
easements from the twelve property owners. The City has obtained easements
from nine of the twelve property owners. The abandonment of the existing trail
easements will be considered in a separate action. Staff recommended Council
accept the nine easements.
Written Communications: Report dated February 21, 2006, by R. Anthony
Foster, Engineering Assistant/Trail Coordinator.
Letter dated February 21, 2006, from Jim and Sue Stebbins, City residents, in
support of the proposed easements.
Presentation: Nasser Abbaszadeh, Engineering and Building Director,
summarized the staff report.
Public Comment:
Jim Stebbins, City resident, said he agreed to the easement with the
understanding that another easement would be abandoned.
Greg Howit, City resident, was concerned about easement access and safety. He
will contact Nasser Abbaszadeh, Engineering and Building Director, for further
review of the subject area.
4 2-21-2006
Council Action: Moved by Council Member Hart, seconded by Council
Member Soto, and carried unanimously, 5-0, to adopt Resolution No. 06-02-21-
02, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE RECREATIONAL TRAIL
EASEMENTS WITHIN THE PRIVATE ROADWAY KNOW AS AVENIDA EVITA
WITHIN ASSESSOR'S PARCELS 649-091-24, 25, 27, 28, 32, 33, 34, 35 AND
36 (HUSTON, BOYD, FEARS, LIND, ESSLINGER, AMAN, STEBBINS,
TRIMBLE, AND FRANCIK RESPECTFULLY);" and the City Clerk directed to
forward the easements to the Orange County Recorder.
7. RESOLUTION OF THE ISSUE RELATED TO LONG TERM MAINTENANCE OF
THE SOUTHWESTERLY ROAD FOR SUBDIVISION TENTATIVE TRACT
16146, SCALZO SUBDIVISION, CONTINUED FOR UP TO 120 DAYS. (420.40)
This item was removed from the Consent Calendar to allow Council Member
Soto to abstain.
Council Action: Moved by Council Member Hart, seconded by Mayor pro
tem Allevato, and carried 4-0-1, with Council Member Soto abstaining, to
continue the issue of the resolution of long term maintenance of the
southwesterly road for Subdivision Tentative Tract 16146 for a period of up to
120 days.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Allevato, Bathgate, Mayor
Swerdlin
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Soto
PUBLIC HEARINGS
1. RESOLUTION NO. 06-02-21-04 ADOPTED APPROVING TENTATIVE TRACT
MAP 05-230 BASED ON THE FINDINGS AND SUBJECT TO THE
CONDITIONS SET FORTH THEREIN, AND FINDING THE PROJECT EXEMPT
FROM ENVIRONMENTAL REVIEW. (APN 121-254-37)(PACIFIC CASTLE)
(420.70)
Description: OKO Engineering requested approval to subdivide an existing 4 -
acre parcel within a developed shopping center to create two parcels. Staff has
determined the subdivision meets all applicable regulations and requirements.
Staff recommended Council adopt a resolution approving the subdivision and
finding the project exempt from environmental review.
2-21-2006
Written Communications: Report dated February 21, 2006, by Molly Bogh,
Planning Director.
Presentation: Molly Bogh, Planning Director, summarized the staff report.
Mayor Swerdlin opened the public hearing, and there being no public testimony,
closed the public hearing.
Council Action: Moved by Council Member Hart, seconded by Council
Member Soto, and carried unanimously, 5-0, to adopt Resolution No. 06-02-21-
04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
TO CREATE 2 LOTS ON 4 ACRES LOCATED WEST OF DOHENY PARK
ROAD 650 FEET NORTH OF VICTORIA BOULEVARD (ASSESSOR'S PARCEL
NUMBER 121-254-26, 37) (TPM 05-230) (PACIFIC CASTLE INTERNATIONAL,
INC)."
2. RESOLUTION NO. 06-0221-03 ADOPTED, ADOPTING A MITIGATED
NEGATIVE DECLARATION (MND) AND APPROVING GENERAL PLAN
AMENDMENT (GPA) 03-02 RE -DESIGNATING THE 10.5 ACRE PROJECT
SITE FROM "OSR" (OPEN SPACE RECREATION) TO "PC" (PLANNED
COMMUNITY); FIRST READING AND INTRODUCTION OF ORDINANCE
REZONING 10.5 ACRES WITH MAXIMUM DENSITY OF 18.0 DWELLING
UNITS PER ACRE INCLUDING 3.0 DWELLING UNITS AFFORDABLE
APPROVED; AND STAFF DIRECTED TO NEGOTIATE A DEVELOPMENT
AGREEMENT. (APN 66-011-27) (SAN JUAN GOLF, INC.) (440.251460.20)
Description: Capistrano Valley Golf L.P. submitted a request for approval of a
General Plan Amendment to designate 10.5 acres of the existing golf course
from OSR (Open Space Recreation) to PC (Planned Community) to allow a
senior housing project. The applicant proposes to relocate a portion of the
existing golf course to a leased 2.5 acre City owned open space parcel, relocate
the existing driving range to a portion of the existing golf course, and develop
senior housing on the current driving range site. The site is currently designated
and zoned for Open Space Recreation, and is currently developed as the driving
range for the San Juan Hills Golf Course. This item was introduced at the City
Council's December 6 meeting, and continued to the January 21, February 7,
and February 21 meetings. Based on the Keyser -Marston Associates (KMA) Pro -
forma analysis, staff has concluded that the maximum density of 18 du/ac, of
which 3 du/ac are designated as affordable units, is an appropriate level of
density for the site. With Council direction, staff will draft a Development
Agreement to guarantee performance on the part of the applicant and address
substantive issues identified by staff. Staff recommended Council adopt a
resolution approving a Mitigated Negative Declaration (MND) and approving the
General Plan Amendment; and adopt an ordinance amending the Official Zoning
Map.
6 2-21-2006
Written Communications:
Report dated February 21, 2006, by William Ramsey, Principal Planner.
Letter dated February 6, 2006, from Warren G. Michaelis, City resident, opposed
to the project due to increased traffic.
Letter dated February 20, 2006, from Mark Nielson, City resident, urged the
Council to deny the project due to the unfavorable finance terms, proposed
density of the senior housing, flaws in the Pro -forma analysis, loss of open
space, setting of precedent for future development, environmental impacts, lack
of need for senior housing, and incompatibility with provisions in the General
Plan.
Email dated February 10, 2006, from Robert Schrank, City resident, suggesting
certain Council Members recuse themselves from considering this agenda item.
Email dated February 13, 2006, from John Bates, City resident, opposed due to
loss of open space, increased traffic, and increased noise, dirt, and exhaust
fumes.
Email dated February 13, 2006, from Anthony and Jeanette Dugan, City
residents, opposed due to loss of open space.
Email dated February 13, 2006, from Sally Masters, City resident, opposed due
to increased traffic.
Email dated February 13, 2006, from Cynthia Kane, City resident, opposed due
to loss of open space.
Email dated February 13, 2006, from Harri and Erika Klatt, City residents,
opposed due to loss of open space.
Email dated February 13, 2006, from Brenda M. Frame, City resident, opposed
due to loss of open space and inappropriate traffic for existing roads.
Email dated February 13, 2006, from Christina Bertok, City resident, opposed the
proposed senior housing and suggested additional amenities for the young
instead.
Email dated February 13, 2006, from Maryann Tucker, City resident, opposed
due to loss of view vistas, loss of the rural feel of the road, and increased traffic.
Email dated February 13, 2006, from John & Patricia Wllker, City residents,
urging Council to retain the open space.
7 2-21-2006
Emails dated February 14, 2006, and February 16, 2006, from Kim Lefner, City
resident, opposed due to the loss of open space, increased traffic, and setting
precedent for future open space rezoning.
Email dated February 14, 2006, unsigned, opposed due to loss of open space.
Email dated February 14, 2006, from Lisa Laureano, City resident, opposed due
to loss of open space and loss of rural character of City.
Email dated February 14, 2006, from Sue Stuart, City resident, opposed due to
loss of open space for the swallows to return to.
Email dated February 14, 2006, from Sharon Dunn, City resident, opposed due
to loss of open space, the City's rural feel, and the view corridor.
Email dated February 16, 2006, from Yvonne Tschaikowsky, City resident,
opposed to the project due to traffic congestion and loss of open space.
Email dated February 16, 2006, from Janette Bonanni, opposed to the project
due to increased traffic and loss of open space.
Email dated February 16, 2006, from Carol Heim, City resident, opposed due to
traffic impacts.
Email dated February 16, 2006, from Gayle Larsson, City resident, opposed to
preserve the open space and rural feeling of the City.
Email dated February 16, 2006, from Ronni Whitman, City resident, opposed due
to the loss of open space, rural feel, and view corridor.
Email dated February 16, 2006, from Marion Costello, City resident, opposed due
to the loss of open space.
Email dated February 16, 2006, from Thomas McDonald, City resident, opposed
due to loss of open space and incompatibility with the City's Five Year Plan.
Email dated February 21, 2006, from Charles Rathfon, City resident, supported
the project to improve landscaping along the San Juan Creek corridor.
Email dated February 21, 2006, from Christopher Luehe, City resident, opposed
due to the loss of open space.
Email dated February 21, 2006, from Bruce Guarino, City resident, opposed the
rezone of open space to help private business finance improvements, loss of
open space, and loss of rural feel of the City.
8 2-21-2006
Email dated February 21, 2006, from Jerry and Susan Clarke, City residents,
opposed due to loss of open space, rural feel, and view corridor.
Email dated February 21, 2006, from Jeff Eginton, City resident, opposed to keep
the open space for citizen use and enjoyment.
Email dated February 21, 2006, from Dr. and Mrs. Shigeru Chino, City residents,
opposed due to the rezoning due to increased traffic, loss of open space, and
loss of rural character.
Email dated February 21, 2006, from Michael Trebing, City resident, opposed
due to increased traffic, reduction of open space, and loss of rural feel.
Email dated February 21, 2006, from G. A. Rogers, City resident, opposed due to
the increased traffic and loss of open space.
A Petition, entitled "Petition to Stop the Golf Course Project" with over 1,000
(unverified) signatures.
Presentation:
William Ramsey, Principal Planner, reviewed the staff recommendation.
Roberto Brutocao, representing the applicant, narrated a PowerPoint
presentation.
Mayor Swerdlin opened the public hearing.
Public Testimony:
Don Walz, City resident, supported the project's affordable housing component.
Trevor Dale, City resident, opposed the projects due to the rezone of open space
area, high density, and stronger need for family affordable housing.
Elisabeth Hummel, City resident, opposed the project.
Yvonne Tschaikowsky, City resident, opposed to the rezone and converting the
driving range into high density residential housing.
Patricia John, City resident, opposed the project financing method and loss of
open space.
Larry Gilbert, Mission Viejo resident, supported the affordable housing proposal.
9 2-21-2006
Bertha Henry Taylor, City resident representing the residents at Chateau San
Juan, asked for a 200 -foot buffer between the project and their facility.
Tom Costello, City resident, felt is was inappropriate for city involvement in the
financing of high density housing and the open space should not be used for this
purpose.
Sue Stuart, City resident, opposed the project due to the potential loss of wildlife.
Robert Schrank, City resident, was opposed to the project due to loss of open
space and increased traffic.
Carol Heim, City resident, was concerned about traffic, potential flooding, and
loss of open space.
David Solt, City resident, was concerned with errant golf balls and potential
installation of poles and nets.
Shelagh Hegarty, City resident, opposed the project and use of open space.
Bob Ryan, City resident, representing the San Juan Hills East Block 7 Home
Owner's Association, opposed the project due to the loss of open space, the
lease agreement, and plans for the south side of San Juan Creek Road.
Doug Robinett, City resident, opposed the project and felt the open space portion
was not properly valued.
Hard & Erika Klatt, City resident, opposed the rezone.
Larry Fogt, City resident, supported the project and felt the owner is sincere in
efforts to improve the area.
Gary S. Meredith, Laguna Beach resident, supported saving the open space as it
is habitat for many birds.
Briand Parenteu, City resident, wanted more youth facilities, tennis courts and
felt multi-level housing for seniors would not work.
Mike Johnson, City resident, was opposed to the project financing, private use of
public open space and suggested it be determined on a public vote. This project
could set precedent and allow stables to be converted to condos.
Rich Wheatfill, City resident, opposed the project and loss of open space.
Dusty Otero, City resident, supported the project and felt it would be a visual
improvement over the existing land.
10 2-21-2006
Cecilia Holden, City resident, felt the project would be an improvement for the
area.
Heather Davis, City resident, was opposed the rezone and use of open space.
Marion Costello, City resident, was in opposition to the project.
Dan Endsley, City resident, opposed the use of open space and felt the city
should do a better job of maintaining the area.
Tom Hribar, City resident, opposed the development adjacent to the creek due to
blocked views and excessive height.
Dave Robinson, City resident, President of Vista Verde Estates Home Owners
Association, supported the project and development of senior housing.
Jowan Mothershead, City resident, was concerned about errant golf balls and felt
there should be more facilities for children, such as a pool and tennis courts.
Lou Machos, City resident, was opposed to the project, loss of open space, and
felt officials should be more consistent.
Armando Sotello, City resident, supported the project and felt it was visually
pleasing.
Mary Hayes, City resident, felt the development enhanced view and improved
open space.
Connie Kuhlmann, City resident, supported the project, improved views and
senior housing.
Vivian Day, City resident, was concerned with potential traffic and toxic air
hazards that could impact residents of the adjacent Chateau San Juan.
Mayor Swerdlin closed the public hearing.
Council Member Comments:
Council Member Soto supported the proposal; suggested expansion of the
passive park use at the north east corner; and expressed concerns regarding the
housing density and blockage of view corridor. He supported the development
agreement issues proposed by staff and suggested a mix of one- and two story
elements, with the two story elements backed up to the creek.
Council Member Bathgate opposed the project due to the loss of view shed,
exchange of land zoned for open space recreational purposes into high density
11 2-21-2006
housing; and the proposed affordable senior housing did not provide a
compelling reason to lease city owned open space to the developer. She
recommended completion of recreation needs assessment to assist in planning
recreation amenities on city owned open space. She felt the community had a
greater need for multi -family affordable housing than the proposed senior
affordable housing. She suggested the applicant be required to purchase or
arrange for a land swap of 10.5 acres of open space elsewhere in the City to
compensate for the loss of open space in the golf course. The money for open
space should be charged above and beyond the fees charged to the applicant to
compensate for the project impacts.
Council Member Hart felt there were compelling reasons to support the project,
including the horse trails connections, parking improvements, enhancement of
San Juan Creek Road, and strong need for senior housing. More mitigation is
required for the project, and he agreed to the expansion of the passive park area
on the north east corner. He supported all the development agreement issues
recommended by staff.
Mayor pro tem Allevato opposed the project due to lack of compatibility with the
adjacent housing; impracticality of multi-level housing for seniors; negative
impact on the view corridor; precedent -setting issues related to development of
open space; and negative impact on traffic congestion. He agreed that a
recreational needs assessment was warranted and suggested the City take
responsibility for the north east corner lot and the horse trails improvements.
Concerning the development agreement issues recommended by staff, he
prefers free market regulation of greens fees. He supported Council Member
Bathgate's suggestion that the applicant compensate the loss of open space with
a land swap or purchase of open space elsewhere in the City, and suggested
additional funds be set aside by the applicant for this purpose.
Mayor Swerdlin supported the project as improvement of the golf course will
allow it to remain competitive and provide a benefit to the community. The
proposed housing provides a means for the owner to continue to provide
reasonable green fees to the public. He supported the passive park use
expansion of the north east corner. With regard to the Development Agreement
issues identified in the staff report, he did not support capping the green fees.
He suggested a development mix of one- and two-story elements within the
housing portion; and did not support establishing a conservation easement over
the remainder of the golf course due to tax incentive issues.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
APPROVING REZONE 04-01, AMENDING THE OFFICIAL ZONING MAP OF
THE CITY FOR A 10.5 ACRE PARCEL LOCATED ALONG THE NORTH SIDE
OF SAN JUAN CREEK ROAD AND EAST OF CHATEAU SAN JUAN FROM
THE "OSR" (OPEN SPACE RECREATION) TO THE "PC" (PLANNED
12 2-21-2006
1
1
1
COMMUNITY) ZONE DISTRICT (ASSESSOR PARCEL NUMBER 666-011-27)
(CAPISTRANO VALLEY GOLF, LP)."
Council Action: Moved by Council Member Hart, seconded by Council
Member Soto and carried 3-2, with Council Member Bathgate and Mayor pro tem
Allevato against to adopt Resolution No. 06-02-21-03, entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (MND)
AND APPROVING A GENERAL PLAN AMENDMENT (GPA) FOR A 10.5 ACRE
PARCEL LOCATED ALONG THE NORTH SIDE OF SAN JUAN CREEK ROAD
AND EAST OF CHATEAU SAN JUAN (ASSESSOR PARCEL NUMBER 666-
011-27) (CAPISTRANO VALLEY GOLF, LP);" approve first reading and
introduction of an ordinance rezoning 10.5 acres from OSR to PC; and direct
staff to negotiate a development agreement with the applicant addressing the
following issues 1) residential density not to exceed 18 du/ac, with no less than 3
du/ac designated as affordable units (including 2 for low- and 1 for moderate -
income households); 2) include the lease agreement for the city -owned parcel in
the development agreement with a provision for the lease rate to increase based
on annual Consumer Price Index (CPI); 3) a requirement that the golf course
remain open to the general public; 4) design for senior housing project to include
one- and two-story buildings with height not to exceed 35 -feet and lower -profile
buildings place adjacent to San Juan Creek Road; 5) provision for use of a
portion of the City -owned parcel as a publicly -accessible landscaped passive
park designed to wrap around the corner; 6) developer to provide funding for
landscaping on the northeast corner of La Novia and San Juan Creek Road on
the city -owned parcel; and 7) extension of trail improvements off-site along San
Juan Creek Road to the west of the project site, along with the provision of a trail
crossing over San Juan Creek Road to provide a trail connection to the south.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
RECESS AND RECONVENE
Hart, Soto, Mayor Swerdlin
Allevato, Bathgate
None
Council recessed at 11:22 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 11:23 p.m.
13
2-21-2006
ADMINISTRATIVE ITEMS
G1. ADMINISTRATIVE SERVICES DIRECTOR
a. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING THE
MUNICIPAL CODE RELATING TO TESTING REQUIREMENTS FOR
MASSAGE THERAPISTS (460.30)
Description: In August 2005, an ordinance was adopting amending the
municipal code concerning the regulation of massage therapy to require National
Certification testing. At Council's direction, staff researched alternate testing
procedures and is recommending a second testing option. Applicants for licenses
may choose to take the National Certification Examination or a local City
Standardized Massage Therapist Test. The local test will be a fair and
comparable testing option for massage applicants who choose not to take the
National Certification Examination. Staff recommended first reading and
introduction of an ordinance amending the Municipal Code relating to testing
requirements for massage therapists.
Written Communications: Report dated February 21, 2006, by Diane Regier,
Management Analyst I.
Presentation: Cynthia L. Russell, Administrative Services Director, reviewed the -
staff report.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING MUNICIPAL CODE SECTION 5-24.17 OF CHAPTER 24
"REGULATION OF MASSAGE THERAPY," RELATING TO TESTING
REQUIREMENTS FOR MASSAGE THERAPISTS."
Council Action: Moved by Council Member Soto, seconded by Council
Member Hart, and carried unanimously, 5-0, to approve first reading and
introduction of an ordinance amending the municipal code relating to testing
requirements for massage therapists.
G2. PLANNING DIRECTOR
a. CONSIDERATION OF APPEAL OF THE PLANNING DIRECTOR'S
DETERMINATION TO REQUIRE A GRADING PLAN MODIFICATION (GPM)
FOR WATERMAN RESIDENCE AT 31122 SANTA MARGARITA PLACE
CONTINUED TO MARCH 7, 2006. (TRACT 9382, LOT 16)(APN 650-191-15)
(410.50)
14 2-21-2006
Description: Resident Randall Waterman submitted plans to the building
department for rear yard improvements and to construct tiered retaining walls
and modify the existing grade in order to support additional yard area for an
existing single-family residence located at 31122 Santa Margarita Place. The
Planning Director determined that Mr. Waterman's proposal did not comply with
SJCMC Section 9-2.323(f) (3), and required that a Grading Plan Modification
(GPM) be submitted for review and approval. Mr. Waterman filed an appeal of
the Planning Director's action to require a Grading Permit Modification (GPM).
Staff recommended Council adopt the resolution denying the appeal and uphold
the Planning Director's determination to require a GPM for the subject project.
Written Communications: Report dated February 21, 2006, by Richard
Greenbauer, Associate Planner.
Presentation: Richard Greenbauer, Associate Planner, reviewed the staff
recommendation.
Randall Waterman, the applicant, was not present.
Council Action: Moved by Council Member Hart, seconded by Mayor pro
tem Allevato, and carried unanimously, 5-0, to continue consideration of Mr.
Waterman's appeal of the Planning Director's decision to the March 7, 2006,
meeting.
ORDINANCES
1. ORDINANCE NO. 911 AMENDING THE MUNICIPAL CODE TO REVISE
SPEED LIMITS ON CERTAIN CITY STREETS ADOPTED. (420.30)
Description: A seconded reading and adoption of the ordinance which
establishes speed limits on City streets and includes revisions to speed limits on
certain City streets.
Written Communication: Report dated February 21, 2006, by Meg Monahan,
City Clerk.
Meg Monahan, City Clerk read the title of the ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING PRIMA FACIE SPEED LIMITS AT VARIOUS LOCATIONS BY
AMENDING SECTION 4-6.501, ARTICLE 5, TITLE 4 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE."
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Ailevato, and carried unanimously, 5-0 to approve second reading and
adoption of the ordinance amending the municipal code to revise speed limits on
certain City streets.
15 2-21-2006
COUNCILMANIC ITEMS
1. BIANNUAL APPOINTMENTS TO CITY COMMISSIONS AND COMMITTEES
APPROVED; AND INITIATION OF ANNUAL PERFORMANCE REVIEWS FOR
ALL THOSE APPOINTED, APPROVED. (110.20)
Description: The Mayor's subcommittee, consisting of Mayor pro tem Allevato
and Council Member Bathgate, reviewed applications, conducted interviews, and
made recommendations for the bi-annual appointments to the City Commissions
and Committees.
Written Communications: Report dated February 21, 2006, by Meg Monahan,
City Clerk.
Memo dated February 21, 2006, by Mayor pro tem Allevato and Council Member
Bathgate.
Presentations:
Mayor pro tem Allevato summarized the staff report.
Council Member Bathgate announced the subcommittee recommendations.
Council Action: Moved by Council Member Hart, seconded by Council
Member Soto, and carried 4-1, with Mayor Swerdlin against, to appoint the
following to the Cultural Heritage Commission, with terms ending January 31,
2008.
Cultural Heritage Commission
David Lee Belardes
Jess Anne Andrews
Thomas A "Tony" Forster
Lorie C. Porter
Ed Nunez
Janet Siegel
Don Tryon
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
Hart, Allevato, Bathgate, Soto
Mayor Swerdlin
None
16 2-21-2006
1
Mayor Swerdlin voted against the appointments because Angela Duzich was not
reappointed.
Council Action: Moved by Council Member Hart, seconded by Council
Member Soto, and carried unanimously 5-0, to appoint the following to the
Design Review Committee, with terms ending January 31, 2008.
Design Review Committee
Jeff R. Parkhurst
(2) Planning Commissioners (appointed by Planning Commission)
Council Action: Moved by Council Member Soto, seconded by Council
Member Hart, and carried unanimously 5-0, to appoint the following to the
Housing Advisory Committee, with terms ending January 31, 2008.
Housing Advisory Committee
Marie M. Buckner
Joanne M. Marquez
Mary -Ann Groover -- (mobile home park community member)
Joann de Guevara -- (neighborhood preservation member)
Planning Commission Representative (Appointed by the Planning Commission)
The subcommittee recommended streamlining the committee to five members
and a resolution will be returned for separate action by council.
Council Action: Moved by Council Member Soto, seconded by Council
Member Hart, and carried unanimously 5-0, to appoint the following to the Parks,
Recreation, and Equestrian Commission, with terms ending January 31, 2008.
Parks, Recreation and Equestrian Commission
Gail V. Zukow
Ilse M. Byrnes
Roger Jackson Evans, III
Jill Helen Hanna
Kathy Lynne Hooper
Council Action: Moved by Council Member Soto, seconded by Council
Member Hart, and carried unanimously 5-0, to appoint the following to the
Planning Commission, with terms ending January 31, 2008.
17 2-21-2006
Planning Commission
Sheldon Cohen
Timothy S. Neely
Gene Elizabeth Ratcliffe
Joseph L. Drey
Robert R. Cardoza
Council Action: Moved by Council Member Soto, seconded by Council
Member Hart, and carried 4-1, with Mayor Swerdlin against, to appoint the
following to the Transportation Commission, with terms ending January 31, 2008.
Transportation Commission
Erin T. Kutnick
Tony Soto
Roberto G. Brutocao
Kenneth Alva Ficklin
Charles Lange
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Hart, Allevato, Bathgate, Soto
Mayor Swerdlin
None
Mayor Swerdlin voted against the appointments because Morton Smith was not
reappointed.
Council Action: Moved by Council Member Soto, seconded by Council
Member Hart, and carried unanimously 5-0, to appoint the following to the Water
Advisory Commission, with terms ending January 31, 2008.
Water Advisory Commission
Malcolm Lee Goode
Fredric John Zepp
Thomas Russell Lytle
Alan J. Freisleben
Dan Merkle
18 2-21-2006
2. SAM ALLEVATO APPOINTED TO SERVE AS THE CITY COUNCIL'S
ALTERNATE BOARD MEMBER REPRESENTATIVE TO THE
TRANSPORTATION CORRIDOR AGENCIES (610.60)
Description: In order to serve as the Council's representative at an upcoming
meeting concerning the 241 Toll Road Extension that the current alternatives are
unable to attend, the representative must be officially appointed by a majority
vote of the Council. Staff recommended Mayor pro tem Allevato be appointed to
serve as the City Council's Alternate Board Member Representative to the
Transportation Corridor Agencies.
Written Communications: Report dated February 21, 2006, by Meg Monahan,
City Clerk.
Council Action: Moved by Mayor Swerdlin, seconded by Council Member
Soto and carried unanimously, 5-0, to appoint Mayor pro tem Allevato to serve as
the City Council's Alternate Board Member Representative to the Transportation
Corridor Agencies.
ADJOURNMENT
There being no further business, Mayor Swerdlin adjourned the meeting at 11:40 p.m.
to Tuesday, March 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,
MA G ET R. MONAHAN, CITY CLERK
: March 21, 2006
ATTEST:
DAVID M. SffWLIN, M - -OR
1
19 2-21-2006