06-0307_CC_Minutes_Regular Meeting1
MINUTES
MARCH 7, 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 7:03 p.m. in the City Council Chamber. Council Member Bathgate
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; Sergeant Dan Dywer, Deputy Chief of Police Services;
Karen Crocker, Community Services Director; Nasser Abbaszadeh, Engineering &
Building Director; Molly Bogh, Planning Director; Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Soto reported attending the Chamber of Commerce Tourist Summit
held at the Mission San Juan Capistrano and encouraged public participation in the next
meeting. He also announced a recent stage appearance and performance by Council
Member Hart.
Council Member Hart thanked Council Member Soto for his kind words and commended
the actors at the Camino Real Playhouse for their hard work. Representatives from the
Camino Real Playhouse recognized Council Member Hart for his role as Wyatt Earp.
Mayor pro tem Allevato reported the approval of the Transportation Corridors Authority
Environmental Impact Report Certification and for the "Green Alternative" for the
alignment.
Mayor Swerdlin announced participation in the opening day of Girls Softball and Little
League.
3-7-2006
NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Council Member Hart announced that the first meeting of the North West Strategies
Committee will be held on Monday, March 13, 2006 at 7 p.m. in the Community Center
and encouraged the public to attend.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced upcoming communitywide
events including the State of the City Address, the EI Presidente Ball, and events
sponsored by the Mission San Juan Capistrano related to St. Joseph's Day and the
return of the swallows.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. FEBRUARY 1, 2006, THROUGH APRIL 30, 2006, PROCLAIMED AS THE
FIESTA DE LAS GOLONDRINAS. (610.40)
Mayor Swerdlin proclaimed February 1, 2006, through April 30, 2006, as the
Fiesta de las Golondrinas and the Fiesta Association members reenacted the
annual hanging of the Mayor.
2. COMMISSIONERS PRESENT AT MEETING INTRODUCED (910.10)
Mayor pro tem Allevato introduced the following persons in attendance: Joann
de Guevara and Marie Buckner, Housing Advisory Committee; Bob Cardoza,
Planning Commission; Gail Zukow, Parks, Recreation and Equestrian
Commission; and Les Blair, Council Liaison to the San Juan Seniors.
ORAL COMMUNICATIONS
Lois Huddlestone, City resident, representing the League of Women Voters, spoke
regarding Sunshine Week 2006, which is an event to stimulate public discussion
concerning open government.
Art Guevara, City resident, spoke in opposition to the Minutemen proposal to participate
in the Swallows' Day Festivities for safety reasons.
Mayor Swerdlin announced that the Fiesta Association turned down the Minutemen
application for participation in the parade.
CONSENT CALENDAR
Council Action: Moved by Council Member Soto, seconded by Council Member
Bathgate, and carried unanimously, 5-0, to approve items 1 through 9 as recommended
by staff.
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1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF FEBRUARY 7, 2006, APPROVED
AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 16, 2006, IN THE
AMOUNT OF $2,271,255.10; AND PAYROLL WARRANTS DATED FEBRUARY
10, 2006, IN THE AMOUNT OF $252,163.72, RECEIVED AND FILED. (300.30)
4. CASH BALANCES BY FUND, JANUARY 31, 2006, RECEIVED AND FILED.
(330.50)
5. REPORT OF INVESTMENTS, MONTH ENDING JANUARY 31, 2006,
RECEIVED AND FILED. (350.30)
6. ALL BIDS FOR THE UNDERGROUND UTILITY DISTRICT 99-01, CAPITAL
IMPROVEMENT PROJECT NO. 144, REJECTED; AND STAFF AUTHORIZED
TO RE -BID THE PROJECT WITH REDUCED SCOPE. (CIP NO. 144) (600.10)
7. PERSONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT
SERVICES FOR THE COOK'S RESERVOIR REPLACEMENT PROJECT WITH
TETRA TECH, INC., IN THE AMOUNT OF $298,400 APPROVED. (CIP NO.
769)(TETRA TECH, INC.)(600.30)
8. AGREEMENT FOR VALVE AND FIRE HYDRANT MAINTENANCE SERVICES
WITH IWATER, IN THE AMOUNT OF $80,000 APPROVED; AND THE MAYOR
AUTHORIZED TO EXECUTE THE AGREEMENT. (600.30)
9. AGREEMENT FOR CONSTRUCTION OF WATER AND SEWER FACILITIES
WITH VALLE RANCH, LLC APPROVED; AND THE MAYOR AND CITY CLERK
AUTHORIZED TO EXECUTE THE AGREEMENT. (TRACT 16678) (33272,
33302, AND 33332 VALLE ROAD)(600.30)
PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 7:28 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:28 p.m.
ADMINISTRATIVE ITEMS
G1. ADMINISTRATIVE SERVICES DIRECTOR
a. INSTALLATION OF A TRAFFIC SIGNAL AT THE RANCHO VIEJO ROAD AND
HIGHLAND DRIVE INTERSECTION POSTPONED INDEFINITELY; AND STAFF
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DIRECTED TO INSTALL THE TRAFFIC SIGNAL AT THE CAMINO DEL AVION
AND VIA POSITIVA INTERSECTION. (CIP NO.405)(TERNO, INC.)(600.30)
Description: Due to increasingly heavy traffic on Rancho Viejo Road and
resulting delays to Highland Drive motorists, the City Council awarded a contract
to install a traffic signal at this intersection. Subsequently, the City received
letters, emails, and calls from nearby residents objecting to the traffic signal at
this location and results of a resident poll indicated 55% are opposed. Staff
identified two alternate locations that would benefit from a traffic signal. Staff
recommended Council direct staff to work with the contractor to construct the
traffic signal at one of the alternative locations.
Written Communications:
Report dated March 7, 2006, by Alan Oswald, Project Manager.
Email dated February 28, 2006, from Harlan and Rebecca Lassen, City
residents, opposed to the traffic signal because it is unnecessary.
Email dated March 1, 2006, from Jennifer Aswegan, City resident, opposed to
the traffic signal due to traffic backup, increased noise and air pollution, and
signal light spillover into homes.
Email dated March 1, 2006, from Leonard A. Ward, City resident, in support of
the traffic signal in order to increase traffic safety.
Letter dated March 1, 2006, from Leonard Brown, City resident, opposed to the
traffic signal because it is unneeded, unwanted by the majority, and
unnecessary.
Letter dated March 1, 2006, from Matt Cereghino, City resident, supported the
traffic signal because traffic will be increasing when building in the area is
completed.
Email dated March 2, 2006, from Ron and Sherri Alden, City residents, against
the traffic signal because it is unneeded and unwanted.
Email dated March 3, 2006, from Diana & Rudi Brutoco, City residents, opposed
to the traffic signal at this location as it is better placed elsewhere.
Email dated March 3, 2006, from Maryann Tucker, City resident, felt a traffic
signal at this location was unnecessary and suggested it be constructed at
Spotted Bull and Rancho Viejo Road.
Email dated March 6, 2006, from Steve Heller, City resident, supported the traffic
signal as it will allow protected turns, improve traffic flow, and control the traffic
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created by new construction in the area. The signal should be constructed now
while the funds are available.
Email dated March 6, 2006, from Amy Fox, City resident, opposed to the traffic
signal due to wasted gas, increased delays, and increased noise pollution.
Presentation: Nasser Abbaszadeh, Engineering and Building Director, reviewed
the staff recommendation.
Public Comment:
Tom Barrett, City resident, was opposed to the signal installation at Highland
Drive.
Liz Elliott, City resident, indicated she would like to have a signal installed at the
Mission Hills intersection if it is not installed at Highland. She suggested the City
paint "Do not block intersection" within the intersection.
Council Action: Moved by Mayor pro tern Allevato, seconded by Council
Member Hart, and carried unanimously, 5-0, to direct staff to work with the
contractor to install the traffic signal at the alternative location of Camino del
Avion and Via Positiva intersection.
G2. PLANNING DIRECTOR
a. RESOLUTION NO. 06-03-07-01 ADOPTED DENYING THE APPEAL OF
RANDALL L. WATERMAN AND UPHOLDING THE PLANNING DIRECTOR'S
DETERMINATION TO REQUIRE A GRADING PLAN MODIFICATION (GPC)
FOR THE PROJECT LOCATED AT 31122 SANTA MARGARITA PLACE.
(TRACT 9382, LOT 16)(APN 650-191-15) (410.50)
Description: Randall Waterman submitted plans to the building department for
rear yard improvements, including tiered retaining walls, and modification of the
existing grade in order to create 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), in that the grade would be modified in excess of two (2) feet, 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 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.
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Presentation: Molly Bogh, Planning Director, reviewed the staff recommendation.
Randy Waterman, City resident, appellant, felt the fees associated with the
project processing are excessive. He indicated his neighbors agreed with his
proposal.
Council Action: Moved by Mayor pro tem Allevato, seconded by Council
Member Soto, and carried unanimously, 5-0, to adopt Resolution No. 06-03-07-
01, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DENYING AN APPEAL OF THE
PLANNING DIRECTOR'S DECISION TO REQUIRE A GRADING PLAN
MODIFICATION (WATERMAN RESIDENCE) (TRACT 9382, LOT 16) (APN 650-
191-15)."
G3. CITY MANAGER
a. WORKLOAD AND BUDGETARY PRIORITIES FOR FY 2006-07 PRESENTED
AND STAFF DIRECTION PROVIDED. (330.20)
Description: Staff developed a Workload and Budgetary Priorities Schedule for
FY 2006-07 for Council consideration. Staff recommended Council provide input
and direction regarding Council initiated priorities.
Written Communication: Report dated March 7, 2006, by Dave Adams, City
Manager.
Presentation: Bill Huber, Assistant City Manager, summarized the status of
current City Council priorities and requested Council direction to reaffirm or
change priorities. He indicated that recommended changes would be brought
back to a subsequent meeting.
Council Comment:
Council Member Soto suggested changes in the format of the priority list to
differentiate between very long-term projects, requiring coordination among
regional agencies, and those that are 1 to 3 year projects that are directly under
the City's control and provide direct benefit to our residents.
Council Member Hart suggested placing open space and equestrian trails as
high priority.
Council Member Bathgate recommended developing a recreational needs
assessment; (related to many items on the priority list); enhancement to the
City's creeks; and combining priorities to enhance the downtown into a --
streetscape improvement project.
6 3-7-2006
Mayor pro tem Allevato concurred with a recreational needs assessment and
placing a high priority on park upgrades.
Mayor Swerdlin supported a recreational needs assessment while encouraging
emphasis on proceeding with needed improvements, such as adding barbeque
facilities to neighborhood parks and artificial turf at stone field and Marco Forster
School. He suggested pursuing use of anticipated surplus school district
property for affordable housing; downtown sidewalk expansion, outdoor dining ,
and evening lighting; and naturalizing creek areas for use as passive recreation.
Council Action:
ORDINANCES
No formal action taken.
ORDINANCE NO. 912 AMENDING MUNICIPAL CODE RELATED TO TESTING
REQUIREMENTS FOR MASSAGE THERAPISTS ADOPTED. (460.30)
Description: A second reading and adoption of the Ordinance related to testing
requirements for massage therapists.
Written Communication: Report dated March 7, 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,
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 Mayor pro tem Allevato, seconded by Council
Member Bathgate, and carried unanimously, 5-0 to approve second reading and
adoption of the ordinance related to testing requirements for massage therapists.
2. ORDINANCE NO. 913 AMENDING THE OFFICIAL ZONING MAP RELATED TO
PROPERTY LOCATED ALONG THE NORTH SIDE OF SAN JUAN CREEK
ROAD AND EAST OF CHATEAU SAN JUAN ADOPTED. (APN 666-011-27)
(SAN JUAN GOLF, INC.) (440.251460.20)
Description: A second reading and adoption of the Ordinance amending the
Official Zoning Map related to property located along the north side of San Juan
Creek Road and east of Chateau San Juan.
Written Communication: Report dated March 7, 2006, by Meg Monahan, City
Clerk,
7 3-7-2006
Public Comment:
David G. Solt, City resident, advised that golf course employees were physically
interfering with those gathering petitions for a referendum.
Dick Schwartz, City resident, was opposed to the project and discussed the
referendum petition currently underway.
Patricia Jones, City resident and project detractor, described the disruptive and
verbally abusive language directed toward referendum petition proponents.
Yvonne Tschaikowsky, City resident, read a letter from Mike Mathewson, City
resident, opposing the project due to project financing methods, incomplete KMA
analysis, and lack of disclosure from the applicant.
Mark Nielsen, City resident, opposed giving up public land to help finance the
development project and felt the land had been undervalued by the project
consultant.
Trevor Dale, City resident, opposed the project and felt some Council Members
had conflicts related to approvals.
Mike Johnson, City resident, was opposed to the project, felt that the applicant's
filing for incorporation in Nevada was suspicious, and urged Council Members
who voted in approval to change their vote.
Robert L. Savanich, City resident, supported the project and felt the golf course
improvements and affordable housing were needed.
Roberto Brutocao, project applicant, responded to opponent's comments
concerning the development.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO 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 COMMUNITY) ZONE
DISTRICT (ASSESSOR PARCEL NUMBER 666-011-27)(CAPISTRANO
VALLEY GOLD, 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 approve second reading and adoption of the Ordinance
amending the Official Zoning Map related to property located along the north side
of San Juan Creek Road and east of Chateau San Juan.
3-7-2006
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Soto, Mayor Swerdlin
NOES: COUNCIL MEMBERS: Allevato, Bathgate
ABSTAIN: COUNCIL MEMBERS: None
COUNCILMANIC ITEMS - None
ADJOURNMENT
There being no further business, Mayor Swerdlin adjourned the meeting at 8:51 p.m. to
Tuesday, March 21, 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, ,, ,
M�►RG RET R. MONAHAN, CITY CLERK
Appro� d: April 4, 2006
ATTESTQ, �' 4- - P",Z" :
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DAVID M. S ERDLIN, MAYOR
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