06-0516_CC_Minutes_Regular MeetingMINUTES
MAY 16, 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 7:01 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; Maria
Guevara, Deputy City Clerk; William M. Huber, Assistant City Manager; Cynthia L.
Russell, Administrative Services Director; Lt. Mike Betzler, Chief of Police Services;
Molly Bogh, Planning Director; Nasser Abbaszadeh, Engineering & Building Director;
Karen Crocker, Community Services Director; Teri Delcamp, Historic Preservation
Manager; Lynnette Adolphson, Management Analyst Il; and Eileen White, Recording
Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Soto reported attendance at a Waste Management Commission
Meeting and reported increased dumping fees at the landfill to meet recycling goals. He
also attended a County Public Library Committee meeting at which a $36 million budget
was approved.
Council Member Bathgate reported attendance at a South Orange County Wastewater
Authority meeting.
Mayor pro tem Allevato reported meeting with Rancho Mission Viejo representatives,
including Council Member Soto, to discuss the ranch development where it adjoins the
City boundary; and he remarked on the May 13, 2006, Open Space tour.
Mayor Swerdlin reported meeting with Rancho Mission Viejo representatives; attending
a Transportation Corridor Agency meeting; and attending the JSerra High School Sports
Facility opening. He also announced the Orange County Vector Control Vector of the
Month, Midget Mosquitoes.
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NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Council Member Hart reported the Committee's May 13, 2006, City Open Space tour
and announced the next regular meeting scheduled for June 5, 2006.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced upcoming communitywide
events including the Youth Advisory Board members' attendance at the OC Teen Fest;
the Swallows Inn Regional Chili Cook -off; a Capistrano Valley Symphony event; and
Veterans of Foreign War Memorial Day ceremony.
INTRODUCTIONS PRESENTATIONS AND DONATIONS
FORMER TRANSPORTATION COMMISSIONER LAWRENCE KRAMER
RECOGNIZED. (610.40)
Maria Guevara, Deputy City Clerk, recognized Larry Kramer for his contributions
as a Transportation Commissioner; and Mayor Swerdlin presented him with a
plaque.
2. DROWNING PREVENTION MONTHS PROCLAIMED (610.40)
Mayor Swerdlin proclaimed May 29 through September 4, 2006, as Drowning
Prevention Months and presented the Proclamation to Orange County Fire
Authority Battalion Chief Kris Conception.
3. SAN JUAN CREEK MAINTENANCE PRESENTATION PROVIDED BY
ORANGE COUNTY FLOOD CONTROL DISTRICT REPRESENTATIVES.
(610.40)
Orange County Flood Control District representatives provided a slide
presentation concerning the proposed repair of the San Juan Creek Watershed.
4. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Allevato introduced the following individuals in attendance: Jan
Siegel and Don Tyron, Cultural Heritage Commission; Joann de Guevara and
Maria Buckner, Housing Advisory Committee; Tony Bland, Former Mayor; and
Mechelle Lawrence, Executive Director of the Mission San Juan Capistrano.
ORAL COMMUNICATIONS
Tony Bland, City resident, representing the American Cancer Society Relay for Life,
encouraged community participation in the event and provided information.
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CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Council Member
Soto, and carried unanimously, 5-0, to approve items 1 through 7 as recommended by
staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE APRIL 18, 2006, MEETING APPROVED AS SUBMITTED.
3. RESOLUTION NO. 06-05-16-01 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING AMENDMENTS TO TITLE 9, LAND USE CODE (CA 04-01, TITLE
9, LAND USE CODE) REGARDING APPLICATION REVIEW PROCEDURES
AND DEFINITIONS," APPROVED. (420.30)
4. PERSONAL SERVICES AGREEMENT WITH TRUGREEN LANDCARE FOR
BALL FIELD MAINTENANCE, IN THE AMOUNT OF $134,946, FOR A THREE
YEAR PERIOD, APPROVED. (600.30)
5. RESOLUTION NO. 06-05-16-02 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST
ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS
CODE OF THE STATE OF CALIFORNIA AND CHAPTER 2.5 OF DIVISION 1
OF TITLE 5 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA,
FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY AFTER
FORMATION OF A DISTRICT," ADOPTED AND; RESOLUTION NO. 06-05-16-
03 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO
PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS
FOR CERTAIN MAINTENANCE IN EXISTING DISTRICTS, PURSUANT TO
THE PROVISIONS OF DECISION 15, PART 2 OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND CHAPTER 2.5 OF
DIVISION 1 OF TITLE 5 OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY
AFTER FORMATION OF A DISTRICT, AND SETTING A TIME AND PLACE
FOR THE PUBLIC HEARING THEREON," ADOPTED. (TRACTS 9284
(SEAVIEW), 9382 (BELFORD TERRACE), 8485 (MISSION SPRINGS), 7673
(MISSION WOODS), 9373/7654 (LOS CORRALES, AND CAPISTRANO
ROYALE) (345.20)
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6. ACCOUNTS PAYABLE WARRANTS DATED APRIL 27, 2006, IN THE AMOUNT
OF $1,635,692.42; AND PAYROLL WARRANTS DATED APRIL 21, 2006, IN
THE AMOUNT OF $253,447.24 AND MAY 5, 2006, IN THE AMOUNT OF
$275,429.01, RECEIVED AND FILED. (300.30)
7. RESOLUTION NO. 06-05-16-04 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING AN EASEMENT FOR STORM DRAIN PURPOSES
(SADDLEBACK VALLEY CHRISTIAN SCHOOL; AC 99-05 & 00-09)",
ADOPTED; AND THE CITY CLERK DIRECTED TO PROCESS RECORDING
OF THE EASEMENT. (670.50)
PUBLIC HEARINGS
RESOLUTION NO. 06-05-16-05 ADOPTED DENYING PROPOSED
TENTATIVE PARCEL MAP 05-154, TAVASSOL SUBDIVISION. (APN 675-341-
02) (420.70)
Description: Jaffar Tavassol submitted a request for approval to subdivide an
existing 2.65 acre parcel located in the McCracken Hill Neighborhood into three
residential lots. The Planning Commission reviewed the project on April 11 and
recommended the City Council adopt a resolution denying the proposed project
based on findings that the project is inconsistent with the goals and policies of
the General Plan Land Use Element and Community Design Element.
Subdivision of the 2.65 acre parcel into three residential lots would result in a
density of 1.13 dwelling units per acre, exceeding the maximum density of 1.0
dwelling units per acre allowed by the General Plan. The project is inconsistent
with the Community Design Element because the information submitted by the
applicant was insufficient to determine whether the project would comply with the
Element's "Hillside Development" criteria. Staff recommended Council adopt a
resolution denying the proposed project based on findings that the project is
inconsistent with the goals and policies of the General Plan Land Use Element
and Community Design Element.
Written Communications: Report dated May 16, 2006, by William Ramsey,
Principal Planner.
Presentations:
William Ramsey, Principal Planner, summarized the staff report.
Mayor Swerdlin opened the public hearing.
Jaffar Tavassol, City resident, presented his project proposal and requested
approval based on the finding that the project would supply benefits to the
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community by providing sewer lines to eliminate the need for septic tanks that
pollute neighboring yards.
Public Testimony:
Chuck Krolikowski, 895 Dove Street, Newport Beach, attorney representing Sean
Sweeney (adjacent property owner), spoke in opposition to the project and felt
the project density should be consistent with the General Plan.
Vito Scarolo, City resident, supported the project as it will provide sewer service
to the area.
Richard Hill Adams, City resident, opposed the project as it would set a
precedent and the proposed development would be on unstable slopes.
Vasile Petean, Mission Viejo resident, supported the project as it will provide
sewer service to the area.
Sean Sweeney, City resident, opposed the project as it is inconsistent with the
neighborhood development pattern and it will set precedent for future
development of the slopes.
Mayor Swerdlin closed the public hearing.
Council Action: Moved by Council Member Hart, seconded by Council
Member Soto, and unanimously carried, 5-0, to adopt Resolution No. 06-05-16-
05 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DENYING A PROPOSED THREE (3) LOT
TENTATIVE PARCEL MAP ON AN EXISTING 2.65 ACRE PARCEL LOCATED
ON THE EAST SIDE OF FORSTER RANCH ROAD (ASSESSOR'S PARCEL
NUMBER 675-341-02) (JAFFAR TAVASSOL) (TPM 05-154)."
RECESS AND RECONVENE
Council recessed at 9:00 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 9:04 p.m.
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ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. WORKLOAD AND BUDGETARY PRIORITIES FOR FY 2006-07 APPROVED.
(330.20)
Description: Staff developed a Workload and Budgetary Priorities Schedule for
FY 2006-07 and presented it for Council consideration at their regular meeting of
March 7. Staff has revised the Schedule based on input received at the March 7
City Council meeting and recommended Council review the 2006-07 Budgetary
Priority List; and provide input and direction.
Written Communications:
Report dated May 16, 2006, by William M. Huber, Assistant City Manager.
Memorandum dated May 16, 2006, by William M. Huber, Assistant City Manager.
Presentation: William M. Huber, Assistant City Manager, summarized the staff
recommendation.
Dave Adams, City Manager, advised that the Schedule was very ambitious with
regards to the current staffing and workload situation; announced that staff will
provide periodic updates on the status of projects; and advised staff will be
bringing back cost estimates for potential approaches to provide information to
the public regarding City projects.
Council Comments:
Mayor Swerdlin suggested staff consider upgrades such as enhanced
landscaping, trees, and native plantings in City parks; revisit existing joint
agreements and pursue a joint agreement with the new high school for pool use;
and established that staff is reviewing several sources in their efforts to update
software programs.
Council Action: Moved by Council Member Hart, seconded by Council
Member Soto and carried unanimously, 5-0, to approve the Workload and
Budgetary Priorities for Fiscal Year 2006-07 as presented in the revised agenda
item G1 -a.
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b. RESOLUTION NO. 06-05-16-07 ADOPTED SUPPORTING THE RENEWED
MEASURE M TRANSPORTATION INVESTMENT PLAN. (820.25)
Description: The Orange County Transportation Authority is working with all
Orange County Cities and the County on the proposed extension of the Measure
M program, which finances voter -approved freeway, road, and transit
improvements throughout Orange County and is funded by a half -cent sales tax.
Measure M expires in 2011 unless renewed by voters. Staff recommended
Council adopt the resolution to support the Renewed Measure M Transportation
Investment Plan.
Written Communications:
Report dated May 16, 2006, by William M. Huber, Assistant City Manager.
Memorandum dated May 16, 2006, by William M. Huber, Assistant City Manager.
Presentation: William M. Huber, Assistant City Manager, reviewed the staff
recommendation.
Council Action: Moved by Mayor pro tem Allevato, seconded by Council
Member Hart and carried unanimously, 5-0, to adopt Resolution No. 06-05-16-
07, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE RENEWED MEASURE
M TRANSPORTATION INVESTMENT PLAN."
G2. PUBLIC WORKS DIRECTOR
a. PURCHASE OF PLAYGROUND EQUIPMENT FOR COOK DEL CAMPO PARK
APPROVED. (CALLS ARROYO AT DEL CAMPO) (HEISLER LANDSCAPE
GENERAL ENGINEERING, INC.) (370.30)
Description: The playground equipment at Cook Dei Campo Park needs to be
replaced due to its age and damaging vandalism. Staff received bids from Heisler
Landscape General Engineering, Inc. in the amount of $34,950 and T.D. Grogen
Construction, Inc., in the amount of $36,199. Staff recommended Council
authorize the purchase of playground equipment for Cook Del Campo Park to
Heisler Landscape General Engineering, Inc., in the amount of $34,950; and
appropriate $45,000 from the Parks and Recreation fund.
Written Communication: Report dated May 16, 2006, by Kathleen Springer,
Acting Public Works Director.
Presentation: David Adams, City Manager, reviewed the staff report.
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Public Comment:
Linda Kirby, City resident, Mission Glen Homeowners Association president,
supported the project.
Council Comments:
Council Members concurred with Council Member Soto's recommendation that
staff address the drainage issues at the park and use earth tone materials for the
play equipment.
Council Action: Moved by Mayor pro tem Allevato, seconded by Council
Member Soto, and carried unanimously, 5-0, to authorize the purchase of play
equipment for Cook Del Campo Park to Heisler Landscape General Engineering,
Inc., in the amount of $34,950; and appropriate $45,000 from the Parks and
Recreation fund, with drainage issues to be adequately addressed and the use of
earth tones for the play equipment.
G3. PLANNING DIRECTOR
a. RESOLUTION NO. 06-05-96-06 ADOPTED MODIFYING THE CULTURAL
HERITAGE COMMISSION'S APPROVAL OF AN AMENDMENT TO THE
HISTORIC DEPICTION PROGRAM FOR ORTEGA RANCH BUSINESS PARK,
WITH LANGUAGE REVISION. (ARCHITECTURAL CONTROL 04-02) (910.60)
Description: A comprehensive Historic Depiction Program (HDP), approved by
the Cultural Heritage Commission (CHC) for the Ortega Ranch Business Park
project in July 2004, included improvements to the adjacent Old Mission
Cemetery. The Planning Commission project approval required an additional off-
site bronze plaque at the entrance to the Cemetery, which was approved by the
CHC at their February 28, 2006, meeting. CHC member David Belardes filed an
appeal challenging the specific text on the plaque; and discussion between staff,
mission representatives, and CHC members has not resulted in a final resolution
acceptable to the appellant. The appeal is before the City Council in accordance
with the time frames specified in the Land Use Code. Staff recommended
Council adopt a resolution modifying the CRC's action to approve staff's
recommended text for the Amendment to the Historic Depiction Program for
Ortega Ranch Business Park.
Written Communications: Report dated May 16, 2006, by Teri Delcamp, Historic
Preservation Manager. She advised that David Belardes, the appellant, was
unable to attend tonight's meeting due to ill health.
Presentation: Teri Delcamp, Historic Preservation Manager, summarized the staff
report.
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Public Comment:
Michelle Lawrence, representing the Mission, supported the staff recommended
text.
Don Tryon, City resident, supported the staff alternative to the sign wording.
Steve Sandland, Newport Beach resident, representing the applicant for the
plaque, supported the staff recommended text.
Council Comments:
Council Members concurred with Mayor pro tem Allevato's suggestion to add the
word "Catholic" in front of "Church" in the text.
Council Action: Moved by Council Member Hart, seconded by Council
Member Soto and carried unanimously, 5-0, to adopt Resolution No. 06-05-16-
06 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, MODIFYING AN ACTION OF THE
CULTURAL HERITAGE COMMISSION AND APPROVING AN AMENDMENT
TO THE HISTORIC DEPICTION PROGRAM FOR ARCHITECTURAL
CONTROL (AC) 04-02 (ORTEGA RANCH) (CENTRA REALTY
CORPORATION)," adding the word "Catholic" before the word "Church" to the
signage text.
ORDINANCES
COUNCILMANIC ITEMS
1. VACANCIES ON THE YOUTH ADVISORY BOARD DECLARED. (1110. 10)
Description: Appointments to the Youth Advisory Board are made on an annual
basis in June and the appointees take office in August. Government Code
Section 54970 requires vacancies must be posted, then filled after a noticing
period has passed. Staff recommended Council declare vacancies on the Youth
Advisory Board; and direct the City Clerk to solicit applications to fill the
vacancies, with applications due by June 9, 2006, at 4:30 p.m.
Written Communication: Report dated May 16, 2006, by Meg Monahan, City
Clerk.
Presentation: Maria Guevara, Deputy City Clerk, summarized the staff report.
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Council Action: Moved by Council Member Soto, seconded by Council
Member Hart, and carried unanimously, 5-0, to declare vacancies for (15) youth
members and (2) adult advisor members for the Youth Advisory Board; and the
City Clerk directed to solicit applications to fill the vacancies, with applications
due by June 9, 2006, at 4:30 p.m.
ADJOURNMENT
There being no further business, Mayor Swerdlin adjourned the meeting at 9:41 p.m. to
Tuesday, May 30, 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 subm
ET R. MONAHAN, CITY CLERK
: June 20, 2006
ATTEST:
17TAIN I bi LVA :e a
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