07-0306_CC_Minutes_Regular Meeting3-06-2007 1
MINUTES
MARCH 6, 2007
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION
Mayor Allevato called the Closed Session of the City Council of the City of San Juan
Capistrano to order at 5:30 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Tom Hribar, Dr. Londres Uso, Mark Nielsen
Mayor pro tem Joe Soto, and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; Meg Monahan, City Clerk; William M.
Huber, Assistant City Manager; Steve Apple, Planning Director; Nasser Abbaszadeh,
Engineering & Building Director.
CLOSED SESSION (610.85)
A Closed Session was held for the following purposes, as authorized by statute:
1. Pursuant to Government Code section 54956.8, the City Council conferred with
its real property negotiator (City Manager) regarding the price and terms of
exchange of real property easements with respect to Assessor’s Parcel # 666-
301-11, a vacant one acre parcel adjoining Valle Road. The property owner’s
representative is Ronald Stein.
2. Pursuant to Government Code section 54957.6, the City Council will meet with its
labor negotiator (City Manager) as to salary schedules and terms of employment.
The affected bargaining units are San Juan Capistrano Classified Employees
Association and San Juan Management and Professional Employee’s
Association: This scheduled closed session did not take place: Dave Adams,
City Manager, reported this item would be continued to the March 20, 2007
meeting.
Mayor Allevato invited the public to provide comment. There was no public comment
and the meeting was moved to Closed Session chambers.
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BUSINESS SESSION
Mayor Allevato reconvened 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
Hribar led the Pledge of Allegiance and Mayor pro tem Soto gave the invocation.
Mayor Allevato dedicated the City Council Meeting to the memory of Donna Chermak,
longtime ASAP volunteer and wife of former Mayor Ed Chermak. He extended
condolences to the Chermak Family.
ROLL CALL
COUNCIL MEMBERS PRESENT: Tom Hribar, Dr. Londres Uso, Mark Nielsen,
Mayor pro tem Joe Soto, and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; William M. Huber, Assistant City
Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell,
Administrative Services Director; John Elwell, Interim Public Works Director; Nasser
Abbaszadeh, Engineering & Building Director; Steve Apple, Planning Director; Karen
Crocker, Community Services Director; Lt. Mike Betzler, Chief of Police Services; and
Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Uso reported meeting with Congressman Ken Calvert concerning
water resources and needs; attending the joint meeting with the Water Advisory
Commission; participated in a reading program at a Del Obispo School; participating in
meetings concerning proposed projects; and extended a welcome to Steve Apple,
recently hired as Planning Director.
Council Member Nielsen reported attending the joint meeting with the Water Advisory
Commission; an Orange County Fire Authority board orientation program, and meetings
with staff concerning proposed developments and City budget and finance issues.
Council Member Hribar reported several meetings with staff, a meeting related to a
hotel proposal, and a Camp Pendleton function. He suggested City involvement with our
adopted Battalion 1-11, which is scheduled to be deployed to Iraq shortly.
Mayor pro tem Soto reported attending meetings concerning proposed developments;
joint meeting with the Water Advisory Commission; and a meeting with Anna Escobedo
Cabral, United State Treasurer. In addition, he attended the United Way Dinner where
Adela Coronado-Greeley, President of the Board and Co-Founder of CREER was
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honored for her work with the less fortunate in our City; and the Boys & Girls Club
Power Breakfast. He commended James Littlejohn, Executive Director, for doing a
wonderful job with the City’s youth.
Mayor Allevato reported attending many of the meetings listed above; throwing the first
pitch opening the local Little League season on Opening Day; meeting Anna Escobedo
Cabral, United State Treasurer; and meeting with Habitat for Humanity concerning the
affordable housing development on Calle Rolando.
NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Council Member Nielsen summarized the activities of the Open Space Committee
meeting of March 5, 2007, including discussion of a proposed public vote to approve
changes in open space zoning, which was continued to their April 2, 2007, meeting; and
discussion of creek buffer zones, which was forwarded to the City Council for
consideration; and reports from the subcommittees.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: Chamber of Commerce mixer; events related to the Fiesta de
Las Golondrinas and Swallows Day Parade; and a multi-cultural arts series.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. FEBRUARY 1, 2007 THROUGH APRIL 30, 2007 PROCLAIMED AS FIESTA DE
LAS GOLONDRINAS. (610.40)
Mayor Allevato proclaimed February 1, 2007 through April 30, 2007, as Fiesta de
Las Golondrinas and presented the proclamation to the Fiesta Association
President, Jeff Schroeder. The Fiesta Association Hanging Judge proceeded
with the annual “Hanging of the Mayor.”
2. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Soto introduced the following individuals in attendance: Gene
Ratcliffe and Bob Cardoza, Planning Commission; Les Blair, Council Liaison to
the San Juan Seniors; Roger Evans, Parks, Recreation and Equestrian
Commission; Joan Irvine Smith, long time resident; Ken Friess, former Mayor;
and James Littlejohn, Executive Director of the Boys & Girls Club of Capistrano
Valley.
ORAL COMMUNICATIONS
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Don Tryon, City resident, recommended abandoning the Yorba Street Plaza project and
instead pursuing a pedestrian plaza at Ortega Highway in front of Mission San Juan
Capistrano.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Uso,
and carried unanimously, 5-0, to approve items 1, 3, and 4 as recommended by staff.
1. Motion to read ordinances by title only approved.
2. MINUTES OF THE REGULAR MEETING OF FEBRUARY 6, 2007, APPROVED
AS SUBMITTED.
This item was removed from the Consent Calendar to allow Council Member
Nielsen to abstain.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Uso and carried 4-0-1, with Council Member Nielsen abstaining, to
approve the minutes of the regular meeting of February 6, 2007, as submitted by
staff.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Uso, Soto, Mayor Allevato
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Nielsen
3. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 15, 2007, IN THE
AMOUNT OF $1,293,654.99; AND PAYROLL WARRANTS DATED FEBRUARY
9, 2007, IN THE AMOUNT OF $275,191.99, RECEIVED AND FILED. (300.30)
4. NEW DEVELOPMENT APPLICANTS STATUS REPORT, MONTH ENDING
FEBRUARY 15, 2007, RECEIVED AND FILED. (440.10)
5. AMENDMENT TO THE REAL PROPERTY LEASE BETWEEN THE CITY OF
SAN JUAN CAPISTRANO AND THE BOYS & GIRLS CLUB OF CAPISTRANO
VALLEY APPROVED WITH REVISION. (600.20)
This item was removed from the Consent Calendar by Council Member Nielsen
to establish the construction timeline for the teen center for inclusion in the lease
terms.
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Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Nielsen and carried unanimously, 5-0, to approve the Amendment to the
Real Property Lease dated June 1, 1999, between the City of San Juan
Capistrano and the Boys & Girls Club of Capistrano Valley to include 1) adding
real property at the south end of the gymnasium area for the Boys & Girls Club of
Capistrano Valley proposed teen center; 2) revise the term of the Real Property
Lease for a term of twenty-five (25) years from the effective date of the
Amendment Agreement; and 3) to include terms that construction of the teen
center will be completed within 12 months of the City’s conceptual approval of
the project.
6. CONSIDERATION OF RESOLUTION DENYING AMENDMENTS TO
COMPREHENSIVE DEVELOPMENT PLAN (CDP) 90-2 AND ARCHITECTURAL
CONTROL (AC) 03-09 FOR A SIGN PROGRAM FOR THE MAMMOTH
PROFESSIONAL BUILDINGS CONTINUED TO MARCH 20, 2007. (APN 650-
011-32) (MAMMOTH EQUITIES) (CONTINUED FROM FEBRUARY 20, 2007)
(410.60)
This item was removed from the Consent Calendar to allow Mayor pro tem Soto
to abstain due to the project’s close proximity to his residence.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Uso and carried 4-0-1, with Mayor pro tem Soto abstaining, to continue
Consideration of Resolution Denying Amendments to Comprehensive
Development Plan (CDP) 90-2 and Architectural Control (AC) 03-09 for a Sign
Program for the Mammoth Professional Buildings to the March 20, 2007,
meeting.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Nielsen, Uso, Mayor Allevato
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Soto
PUBLIC HEARINGS
1. CONSIDERATION OF THE ISSUANCE OF MULTI-FAMILY HOUSING
REVENUE REFUNDING BONDS BY THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY TO ASSIST IN THE
REFINANCING OF THE SEASONS SENIOR APARTMENT COMPLEX –
PHASE I CONTINUED TO MARCH 20, 2007. (SAN JUAN HOUSING
INVESTORS, LP) (340.30)
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Meg Monahan, City Clerk, announced that staff was requesting this item be
continued to the meeting of March 20, 2007.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Nielsen, and carried unanimously, 5-0, to continue consideration of the
Issuance of Multi-Family Housing Revenue Refunding Bonds by the California
Statewide Communities Development Authority to Assist in the Refinancing of
the Seasons Senior Apartment Complex – Phase I to the regular meeting of
March 20, 2007.
RECESS AND RECONVENE
Council recessed at 7:30 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:31 p.m.
ADMINISTRATIVE ITEMS
G1. ENGINEERING & BUILDING DIRECTOR
a. PROPOSAL TO RETAIN AN ENVIRONMENTAL CONSULTANT TO REVIEW
THE PROPOSED MITIGATED NEGATIVE DECLARATION OR OTHER
RELATED ENVIRONMENTAL DOCUMENTATION FOR CALTRANS ORTEGA
HIGHWAY WIDENING PROJECT APPROVED WITH REVISIONS. (800.40)
Description: CalTrans is in the planning stages of widening Ortega Highway to
four lanes of traffic on the eastern boundary of the City and has notified the City it
plans to issue a Mitigated Negative Declaration in April 2007. Retaining
environmental experts to review the adequacy of CalTrans environmental
determinations at this stage of the project will ensure full compliance with the
California Environmental Quality Act as the planning for this project progresses.
Staff recommended the City Council consider whether to retain an environmental
consultant to review CalTrans environmental documentation for its Ortega
Highway Widening Project and provide appropriate direction to City staff.
Written Communications:
Report dated March 6, 2007, by Nasser Abbaszadeh, Engineering & Building
Director.
Letter dated February 23, 2007, from Jim Shubsda, agent for the Hunt Club
Association, opposing the proposed widening.
Letter dated February 28, 2007, from Cindy Quon, CalTrans District Director,
providing the status of the initial environmental document.
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Letter dated February 28, 2007, from Susan Cutting Turner, City resident,
requesting modification of the widening plans to increase safety and ease traffic
congestion.
Letter dated March 3, 2007, from Maryann Tucker and 22 City residents opposed
to retaining a consultant and supporting City cooperation with CalTrans to
improve the project to maintain property values and quality of life.
Letter dated March 4, 2007, from Ann Ludwig, City resident, supporting the
widening and working with CalTrans to improve the project.
Letter dated March 5, 2007, from Jan Siegel, City resident, opposed to the
widening as proposed and suggesting an alternative route.
Presentation: Nasser Abbaszadeh, Engineering & Building Director, summarized
the staff report. He assured Council that staff was fully capable of reviewing and
reacting to the environmental reports issued by CalTrans but since time is of the
essence, felt the addition of a consultant would augment staff time.
Public Comment:
Monique Rea, City resident, asked the Council to focus on traffic diversion and to
keep the historic nature of Ortega Highway.
Mark Rottmann, City resident, supported hiring a consultant suggested working
with the county and state to have the project completed to our standards and to
pursue traffic diversion projects.
Cheryl Trosky, City resident, felt a consultant was not needed and asked the City
to demand an EIR.
Andrea Bink, City resident, opposed hiring a consultant and requested a full EIR
for the project.
Yvonne Tschaikowsky, City resident, felt the proposed project would compromise
the town’s character and that Council should focus on traffic diversion and not
hire a consultant.
Lennie DeCaro, City resident, felt the Council should follow the strategic plan and
divert traffic to protect the down, stop the widening project, and not hire a
consultant.
Cathy Von der ahe, City resident, felt more roads were needed south of Crown
Valley to handle new development traffic, but not be the burden of the City.
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Maryann Tucker, City resident, did not feel a consultant was needed, supported
the widening of the Ortega Highway for safety.
Bonnie Hold, City resident, felt the widening project would have a very large
impact on the city and a full EIR was warranted.
Ed Dahlen, City resident, supported a full EIR process as the impacts of the
project are substantial and include life safety issues due to increased driveway
gradients.
Arthur J. Cusolito, City resident, President of the Board of Directors of the Hunt
Club Home Owners Association, felt the impacts of the project were substantial,
including pedestrian and handicap access issues; and stacking problems at the
exit of the community association. He felt a full EIR was warranted, and did not
support hiring a consultant.
Heather Davis, City resident, requested a full EIR process as the impacts warrant
the process and felt other traffic planning was needed.
Charleen Locke, City resident, requested a full project EIR as the impacts require
the document, and look to divert traffic elsewhere.
Mike Johnson, City resident, felt the Council should follow the strategic
transportation plan and divert traffic around the City before widening the Ortega
Highway.
Erin Kutnick, City resident, felt Ortega Highway needed to be widened to 4 lanes
while maintaining the trees and sidewalks, due to the need for a safer road.
Dan Campion, City resident, felt traffic should be diverted but Ortega needed to
be widened as well. The homes on the South side of Ortega are greatly
impacted by sound.
Dan Valentide, City resident, felt a sound barrier was needed.
Joan Irvine Smith, City resident, spoke of the historic value of the Ortega
Highway as a two lane highway, and suggested pursuing extension of Avery
Parkway as an alternative.
Robert Evans, City resident, opposed hiring a consultant and felt the City needed
to take a more aggressive approach to require a full EIR.
Ray Turner, City resident, felt the City should not oppose the widening project but
instead stay involved and work to maintain the scenic quality, and work on traffic
diversion.
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Council Comments:
Council Member Uso felt the City is overly burdened by traffic impacts beyond its
control such as the trash trucks using Ortega Highway, development of Ladera
Ranch, and approved development of Rancho Mission Viejo. He did not oppose
widening of Ortega Highway for the benefit of San Juan Capistrano residents, but
did oppose it being used as the sole access for Ladera Ranch and Rancho
Mission Viejo residents. He felt regional improvements needed to be explored,
such as extending Avery Parkway and La Pata. He encouraged more use of the
school bus system and was concerned with traffic impacts related to the new
high school opening. He felt Council should be aggressively involved in County
and other governmental agencies issues to ensure growth outside of the City
does not negatively affect it.
Council Member Nielsen felt the issues concerning aesthetic, traffic,
environmental, noise, water quality, etc., in the road widening project more than
qualify as significant and meet the necessary criteria to demand a full project
Environmental Impact Report (EIR).
Council Member Hribar felt there are many alternatives to divert regional traffic
had not yet been considered, such as Oso Parkway, Crown Valley Parkway, and
Avery Parkway improvements, extension of the 241 and La Pata, as well as other
creative alternatives not yet fully explored. He supported doing as much as
possible to improve Ortega Highway and other traffic congested areas within the
City limits. He would support supplemental funding of the widening project to
ensure the proposed sound walls are aesthetically pleasing, customized to each
area along the highway, and effective as noise barriers.
Mayor pro tem Soto provided history of his involvement and dissatisfaction with
earlier proposals for the Ortega Highway Widening Project. He suggested waiting
to see what the finalized plans proposed by CalTrans will look like and then
deciding what actions and/or expenditures should be undertaken.
Mayor Allevato felt the need for a full EIR will be apparent once the plans are
finalized. He cautioned against outright opposition to the widening due to sun-
setting of substantial developer contributions. He encouraged residents to attend
the CalTrans meeting in April and stated concerns with traffic safety both with
and without improvements. He felt there may be an aesthetically and
environmentally sound solution to Ortega widening if all involved parties are
willing to negotiate to that end.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0 to demand a full environmental
impact report (EIR) from Caltrans related to the Ortega Highway Widening
Project approved; direct staff to respond in a timely and appropriate manner to
Caltrans in support of this position, including exhausting all administrative
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remedies; approve City pursuit of necessary actions in the City’s control to
ensure a full EIR is completed by Caltrans; and authorize the City Manager to
spend funds, if necessary, to retain California Environmental Quality Act (CEQA)
consultants or attorneys to pursue completion of a full EIR process from
CalTrans.
ORDINANCES - None
COUNCILMANIC ITEMS
ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting at 9:47 p.m. to
Wednesday, March 20, 2007, 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,
__________________________________
MARGARET R. MONAHAN, CITY CLERK
Approved: April 3, 2007
ATTEST:
_______________________________
SAM ALLEVATO, MAYOR