07-0717_CC_Minutes_Regular MeetingMINUTES
JULY 17, 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; John Shaw, City Attorney; Meg
Monahan, City Clerk, Cynthia L. Russell, Assistant City Manager; Steven A. Apple,
Planning Director; and 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 54957, the City Council will review the
performance of the City Clerk. (This item was not discussed.)
2. Pursuant to Government Code section 54956.9(c), the City Council conferred
with its legal counsel regarding potential litigation concerning environmental
documentation for the Cal -Trans Ortega Widening project.
Written Communications:
Email dated July 14, 2007, from Ron and Vicki Geisler, City residents, supporting
Council demand for Caltrans to provide a full Environmental Impact Report for
the Ortega Widening.
Email dated July 14, 2007, from Harold Haight, City resident, supporting Council
requiring Caltrans to provide a full Environmental Impact Report for the Ortega
Widening.
Letter dated July 14, 2007, from Lennie DeCaro, City resident, supporting legal
action to force Caltrans to provide a full Environmental Impact Report for the
' Ortega Widening project.
1 7-17-2007
Email dated July 15, 2007, from Gila Jones, City resident, supporting Council
demand that Caltrans provide a full Environmental Impact Report for the Ortega
Widening.
Email dated July 15, 2007, from Ilse Byrnes, City resident, opposing the widening
of Ortega Highway due to loss of the City's historic character.
Email dated July 15, 2007, from Anthony Dugan, City resident, supporting
completion of a full Environmental Impact Report before the Ortega can be
widened.
Email dated July 15, 2007, from Yvonne Tschaikowsky, City resident, supporting
Council demand that Caltrans provide a full Environmental Impact Report for the
Ortega Widening.
Email dated July 16, 2007, "GRehler" supporting legal action to force Caltrans to
provide a full Environmental Impact Report for the Ortega Widening.
Email dated July 16, 2007, from Terry Holdt, City resident, supporting Council
demand that Caltrans provide a full Environmental Impact Report for the Ortega
Widening.
Email dated July 16, 2007, from Sally E. Bumbulis, City resident, urging Council
to force Caltrans to provide a full Environmental Impact Report for the Ortega
Widening.
Email dated July 16, 2007, from Joan Irvine Smith, City resident, supporting legal
action to force Caltrans to provide a full Environmental Impact Report for the
Ortega Widening.
Email dated July 16, 2007, from Joseph and Laurie Seymour, City residents,
supporting Council demand that Caltrans provide a full Environmental Impact
Report for the Ortega Widening.
Email dated July 16, 2007, from Lisa Wilhelm, City resident, opposed to the
Ortega Widening project.
Email dated July 16, 2007, from the Salveson Family, City residents, opposed to
any road improvements to the Ortega Highway.
Email dated July 16, 2007, from Trevor Dale, City resident, supporting legal
action to force Caltrans to provide a full Environmental Impact Report for the
Ortega Widening,
2 7-17-2007
' Email dated July 16, 2007, from Shelagh Hegarty, City resident, supporting
Council demand for Caltrans to provide a full Environmental Impact Report for
the Ortega Widening.
Email dated July 16, 2007, Marion Costello, City resident, supporting legal action
to force Caltrans to provide a full Environmental Impact Report for the Ortega
Widening.
Email dated July 16, 2007, from Robert Miller, City resident, supporting Council
submitting a formal and official request that Caltrans provide a full Environmental
Impact Report for the Ortega Widening project.
Email dated July 17, 2007, from Tom Costello, City resident, supporting legal
action to force Caltrans to provide a full Environmental Impact Report for the
Ortega Widening.
Email dated July 17, 2007, from Ron and Vicki Geisler, City residents, opposing
the widening of Ortega Highway to protect the integrity and future of San Juan.
Public Comment:
' Bonnie Holt, City resident, thanked the Council for demanding a full
Environmental Impact Report for the proposed widening of the Ortega Highway.
She has a very difficult time merging onto the highway and felt the Caltrans
proposal does not consider the community's best interests.
Suzanne McCardie, City resident, thanked Council for pursuing a full
Environmental Impact Report for the Ortega Widening. She encouraged Council
to retain the best environmental firm available to pursue litigation.
Lennie DeCaro, City resident, felt the proposed project mitigated declaration
does not address safe access, gradient issues, among other issues. She
supported litigation to pursue a full Environmental Impact Report.
Jeff Allen, City resident, felt the Caltrans initial study did not fully cover the
proposed Ortega widening and Council should promote a full Environmental
Impact Report to address the issues.
John Shaw, City Attorney, clarified the timing of the comment period and
processing of Caltrans initial study and proposed project mitigated negative
declaration. The appropriate time to initiate potential litigation concerning this
project occurs after both the environmental documentation approval and the filing
of a project notice of determination.
' 3. Pursuant to Government Code 54956.9, the City Council conferred with its legal
counsel regarding the status of a claim filed by ECO Systems, Inc.
3 7-17-2007
4. Pursuant to Government Code section 54956.9, the City Council conferred with
its legal counsel regarding the status of the "City of San Juan Capistrano v. the
City of Laguna Niguel, et al."
RECESS UNTIL 7:00 P.M.
BUSINESS SESSION
Mayor Allevato reconvened the Regular Meeting of the City Council of the City of San
Juan Capistrano to order at 7:13 p.m. in the City Council Chamber. Council Member
Hribar led the Pledge of Allegiance and Mayor pro tem Soto gave the invocation.
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; John Shaw, City Attorney; Meg
Monahan, City Clerk; Cynthia L. Russell, Administrative Services Director & 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; Michael Cantor, Senior Management Analyst; Steve
Montano, Assistant Administrative Services Director; Grant Taylor, Assistant Planning
Director; William Cunningham, Contract Project Administrator; Douglas Dumhart,
Economic Development Manager; Teri Delcamp, Historic Preservation Manager; David
Contreras, Associate Planner; Lynnette Lehmann, Management Analyst ll; Pooja
Gupta, Administrative Assistant; and Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
Mayor Allevato reported that the following Closed Session actions were taken:
Environmental Documentation for the Cal -Trans Ortega Widening Project: The City
Council is exploring the possibility of potential environmental litigation in connection with
Caltrans Ortega widening project. The City Council has unanimously decided to direct
the City staff to provide further factual information to the City Council concerning the
adequacy of the Caltrans issued mitigated negative declaration through the retention of
environmental lawyers who will be requested to review environmental documents for
their legal adequacy under the California Environmental Quality Act and to develop
comments with respect to the adequacy of the negative declaration.
ECO Systems, Inc. Construction Contract Claims: The City Council unanimously
approved a settlement agreement with ECO Systems, Inc. involving certain construction
4 7-17-2007
contract claims relating to defective pipeline work, contract retention funds, and related
issues. The agreement will be,available for public review tomorrow.
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Uso reported attending a tri -city meeting looking at the potential of a
trolley system connecting the cities of San Clemente, Dana Point, and San Juan
Capistrano.
Council Member Hribar remarked as to the success of the 4th of July Celebration. He
reported attending a Marine 1/11 Battalion Adoption Committee meeting and reviewed
plans to invite the families of the battalion to a Holiday celebration in conjunction with
the City's Holiday Tree Lighting event; and announced attendance at a Chamber of
Commerce function, Rotary barbeque, and South Orange County Wastewater Finance
meeting.
Council Member Nielsen announced meeting with appellant Eric Altman; attending the
tri -cities joint trolley meeting; and an Open Space Committee, Planning Subcommittee
meeting.
Mayor pro tem Soto announced attending a Rotary barbeque; Bill Huber's retirement
' party; Integrated Waste Management Commission meeting, noting the Commission will
be opposing Senate Bill 1020 that mandates 75% diversion by 2012 without mandate
funding; and the South Orange County Chamber of Commerce annual awards event.
Mayor Allevato announced attending meetings for the Toll Road Agencies, where it was
decided to combine the two agencies, resulting in more favorable financing rates and
earlier payoff of roads.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen announced the upcoming meeting of Monday August 6, 2007,
7 p.m., at the community center.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: San Juan Summer Nites Concert series; Low cost animal
vaccination and licensing clinic; Chamber installation dinner; and the Relay for Life
event.
5 7-17-2007
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
PRESENTATION REGARDING THE FUNCTIONALITY OF THE UPDATED
CITY WEBSITE RECEIVED. CITY COUNCIL PRIORITY 22B (610.40)
Steve Montano, Assistant Administrative Services Director, and Pooja Gupta,
Administrative Assistant, demonstrated the City's new website features.
YOUTH ADVISORY BOARD MEMBERS AND ADULT ADVISOR
RECOGNIZED. (610.40)
Mayor Allevato recognized Youth Advisory Board Members Melissa Bell, Toni
Cappello -Wood and Danny Matthews, and Adult Advisor Annalee Cappello for
serving the City of San Juan Capistrano on the Youth Advisory Board; and Mayor
Allevato presented them with Certificates of Recognition for their contributions.
3. MAYOR'S AWARD - COMMUNITY SERVICES LEADER OF THE YEAR
POSTHUMOUSLY AWARDED TO TONY FORSTER (610.40)
Mayor Allevato recognized Tony Forster, posthumously, for his long time
contributions to the City as Community Service Leader of the Year; and
presented the award to Ann Forster, surviving spouse. Ken Friess recognized
Tony Forster for founding the Boys & Girls Club of Capistrano Valley.
4. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Soto recognized the following individuals in attendance: Patrick
Antrim, Battalion Chief, Orange County Fire Authority; Laura Freese, Housing
Advisory Committee; Charles Lange and Larry Kramer, Transportation
Commission; Gail Zukow, Parks, Recreation and Equestrian Commission; Jan
Siegel, Cultural Heritage Commission; and Sheldon Cohen, Planning
Commission.
ORAL COMMUNICATIONS
Joan Irvine Smith, City resident, thanked Council for pursuing a full Environmental
Impact Report related to the widening of the Ortega Highway.
Ken Friess, City resident, announced the upcoming Relay for Life event and
encouraged Council to support the fee waiver for the Sports Park use.
Sally Bumbulis, City resident, thanked Council for pursuing an Environmental Impact
Report for the Ortega Widening; and opposed Council's decision to overturn the
Planning Commission's denial of JSerra signs.
7-17-2007
' Erik Perkowski, Dana Point resident, requested Council withdraw the lawsuit related to
development of property in Laguna Niguel, Bear Brand Ranch. He felt it was a quality
development that complied with policies established by the City of Laguna Niguel.
Bob King, City resident, spoke concerning the land use designation for the Gilmer
Property. He provided correspondence from the former City Manager in support of his
claim that the parcel is not correctly zoned. The incorrect zoning could result in
negative impacts to the area.
Joel Pechkin, City resident, requested that any approved use for the Lower Rosan
property have minimal lighting.
Yvonne Tschaikowsky, City resident, thanked Council for pursuing a full Environmental
Impact Report for the Ortega Widening project.
Trevor Dale, City resident, supported litigation to pursue a full Environmental Impact
Report for the Ortega Widening project.
Evonne Morton, City resident, opposed the proposed grading of the Laguna Niguel
ridgeline for development. She felt an Environmental Impact Report was necessary to
address the impacts.
I
Bill Cvengros, City resident, opposed proposed development in Laguna Niguel, Bear
Brand Ranch as it would lower the existing ridgeline by 50 feet.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Nielsen, and carried unanimously, 5-0, to approve items 1, 2, 3, 4, 6, 11, 12, 14, and 16
as recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. REGULAR MEETING OF JUNE 19, 2007: MINUTES OF THE REGULAR
MEETING OF JUNE 19, 2007 APPROVED.
3. ACCOUNTS PAYABLE WARRANTS DATED JULY 5, 2007, IN THE TOTAL
AMOUNT OF $1,241,850.31; AND PAYROLL WARRANTS DATED JUNE 29,
2007, IN THE TOTAL AMOUNT OF $268,455.82, RECEIVED AND FILED.
(300.30)
4. REPORT OF INVESTMENTS, MONTH ENDING MAY 31, 2007, RECEIVED
AND FILED. (330.50)
7 7-17-2007
5. RESOLUTION NO. 07-07-17-01 ADOPTED CONCERNING THE OPEN SPACE
GENERAL OBLIGATION REFUNDING BOND PROPERTY TAX RATE FOR
FISCAL YEAR 2007/2008. (390.80)
This item was removed from the Consent Calendar by Council Member Nielsen
to correct a typographical error in the staff report.
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro
tem Soto, and carried unanimously, 5-0, to adopt Resolution No. 07-07-17-01,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTIMATING THE AMOUNT OF MONEY TO BE
RAISED BY AD VALOREM TAXATION IN THE CITY OF SAN JUAN
CAPISTRANO DURING THE FISCAL YEAR 2007/2008 FOR DEBT SERVICE
AND REQUESTING THE LEVY OF A TAX IN THE CITY OF SAN JUAN
CAPISTRANO;" and direct the City Clerk to forward a certified copy of the
resolution to the Orange County Assessor and Auditor Controller offices for
inclusion on the 2007-2008 tax rolls.
6. RESOLUTION NO. 07-07-17-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO STOPPING ANYTIME" ON THE EAST
SIDE OF EL CAMINO REAL FROM ACJACHEMA STREET THEN SOUTH 460 _
FEET." (570.30)
7. AGREEMENT FOR PROVISIONS OF ANIMAL CARE SERVICES FOR FISCAL
YEAR 2007-2008 (COUNTY OF ORANGE) APPROVED. (600.50)
This item was removed from the Consent Calendar by Council Member Nielsen
to question the inclusion of an extra $10,000 budgeted over and above the City's
anticipated costs. Dave Adams, City Manager, suggested there is an opportunity
to make adjustments to the agreement funding during the mid -year budget
review process.
Written Communication: Letter dated July 17, 2007, from Erin Kutnick,
President, Capistrano Animal Rescue Effort (CARE), supporting renewal of the
Animal Services Contract with the County of Orange.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar and carried unanimously, 5-0, to approve the agreement with
Orange County Animal Care Services for fiscal year 2007-2008, in an amount not
to exceed $86,000; and authorize the Mayor to execute the agreement.
8. PERSONAL SERVICES AGREEMENT WITH SOURCE POINT TO PREPARE
THE 2008 HOUSING ELEMENT UPDATE APPROVED WITH REVISION. CITY
COUNCIL PRIORITY 6A (600.30)
8 7-17-2007
' This item was removed from the Consent Calendar by Council Member Nielsen
to recommend revision to the agreement.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to approve a Personal services
agreement with Source Point for consultant services to prepare the 2008
Housing Element Update, in an amount not to exceed $46,980, including revision
to Section 15. Termination clause of the agreement revised to read "City arld
GensaltaR shall have the right to terminate...," and Exhibit A to the agreement,
(page 30 of the Source Point proposal — Project Schedule and Costs — following
Allocation of Work Hours (Dollar Value) — add "Unless City requires additional
work or meetings that were not part of the scope of this program, Source Point
will put in the effort required to achieve final approval by the State of California
Department of Housing and Community Development (HCD) at no additional
cost to City above the budget specified above."
9. PERSONAL SERVICES AGREEMENT WITH NATURE'S IMAGE, INC. FOR
MAINTENANCE SERVICES FOR THE 760 S RESERVOIR PROJECT
APPROVED WITH REVISION. (CIP NO. 791) (600.30)
This item was removed from the Consent Calendar by Council Member Nielsen
' to recommend revision to the agreement.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar and carried unanimously, 5-0, to approve Personal services
agreement, in the amount of $126,600, with Nature's Image, Inc. for second -year
habitat restoration maintenance services for the 760-S reservoir project, with
Section 14. Termination revised to read, "City and Geesa#aat shall have the right
to terminate ....."
10. PLANS AND SPECIFICATIONS FOR THE AVENIDA PLACIDA LANDSLIDE
REPAIR ENVIRONMENTAL RESTORATION APPROVED. (AVENIDA
PLACIDA) (FEMA DR -1585) (600.30)
This item was removed from the Consent Calendar by Council Member Nielsen
to ask staff to pursue FEMA reimbursement for project environmental restoration.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar and carried unanimously, 5-0, to approve Plans and
specifications for the Avenida Placida Landslide Repair Environmental
Restoration project; direct staff to pursue FEMA reimbursement for project
environmental restoration; and authorize the City Clerk to advertise the project
for competitive bids.
9 7-17-2007
11. REQUEST BY THE AMERICAN CANCER SOCIETY FOR OVERNIGHT
CAMPING ON JULY 28-29, 2007 AT THE SAN JUAN CAPISTRANO SPORTS
PARK FOR THE RELAY FOR LIFE EVENT, SUBJECT TO CONDITIONS,
APPROVED; A 100% FEE WAVER IN THE AMOUNT OF $1,200 APPROVED;
AND THE CITY MANAGER AUTHORIZED TO ADMINISTRATIVELY APPROVE
FUTURE RELAY FOR LIFE FEE WAIVERS FOR USE OF CITY FACILITIES
AND OVERNIGHT CAMPING. (390.30)
12. TWO-YEAR AGREEMENT, FROM JULY 1 2007 TO JUNE 30, 2009, WITH
PEPPERDINE UNIVERSITY TO PROVIDE CONSULTANT SERVICES FOR
GANG PREVENTION SERVICES, IN AN AMOUNT NOT TO EXCEED
$119,080, APPROVED. (600.30)
13. RESOLUTION NO. 07-07-17-03 ADOPTED CONCERNING ARCHITECTURAL
CONTROL (AC) 02-07 MODIFICATION NO. 2, JSERRA HIGH SCHOOL
SOUTH CAMPUS SIGN PROGRAM AND SCOREBOARDS. (RANDALL
BOONE SIGNAGE, LIGHTING AND CRANE SERVICE/PUEBLO SERRA
WORSHIP HOLDINGS) (410.60)
This item was removed from the Consent Calendar by Council Member Hribar to
suggest separating the resolution into independent sections for individual votes.
Public Comment:
Bob King, City resident, encouraged the Council to place this decision before the
voters.
Council Comment:
Council Member Uso suggested that in order to minimize the negative impacts to
adjacent residents, nighttime scoreboard use should be limited to JSerra school
related sporting events. Outside organizations paying fees for school field uses
would not be allowed to use the scoreboards at night.
Council Member Nielsen supported Council Member Uso's suggestion to limit the
use of the night time scoreboards to school related evening sports games; and
recommended lights out at 9:30 p.m. for the benefit of the surrounding
community.
Council Member Nielsen ascertained from John Shaw, City Attorney, that the
resolution presented this evening confirms the final actions taken at the July 3,
2007, Council meeting.
Public Comment:
10 7-17-2007
' Bob King, City resident, encouraged the Council to place this decision before the
voters.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Hribar and carried 3-2, with Council Member Nielsen and Council
Member Uso opposed, to adopt Resolution No. 07-07-17-03 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A SIGN PROGRAM AND
SCOREBOARDS FOR JSERRA HIGH SCHOOL, SOUTH CAMPUS (PUEBLO
SERRA HOLDINGS, INC.)"
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Soto, Mayor Allevato
NOES: COUNCIL MEMBERS: Nielsen, Uso
ABSTAIN: COUNCIL MEMBERS: None
14. CLAIMS AGAINST THE CITY BY ADOLPH MACIAS AND PAULINE DALE
DENIED, BASED UPON THE INVESTIGATION AND RECOMMENDATION OF
THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY. (170.10)
' 15. PERSONAL SERVICES AGREEMENT WITH ARCHITECTURAL RESOURCES
GROUP CONCERNING THE PARRA ADOBE STRUCTURAL STABILIZATION
PROJECT APPROVED. (ARCHITECTURAL RESOURCES GROUP) (CIP NO.
453)(600.30)
This item was removed from the Consent Calendar by Council Member Nielsen
to ascertain from staff that the less costly proposal did not adequately address
the scope of work to be performed. In addition, he recommended revision to the
agreement.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to approve Personal Services
Agreement, in an amount not to exceed $84,645, with Architectural Resources
Group, for the preparation of a Historic Structure Report and rehabilitation plans
for the Parra Adobe Structural Stabilization project, with the following revisions:
Section 15. Termination revised to read, "City and shall have the right
to terminate .....,"Exhibit C — Standard Billing Rates, revised to remove reference
to rate increases; and agreement revised to provide clause "Unless City requests
changes to the scope of work, the deliverables will be delivered at no additional
cost to the City;" and authorize the Mayor to execute the agreement.
16. REVISIONS TO THE MINUTES OF MAY 1, 2007 CITY COUNCIL MEETING
APPROVED AS SUBMITTED. (610.20)
11 7-17-2007
PUBLIC HEARINGS
RESOLUTION NO. 07-07-17-04 ADOPTED UPDATING THE CITY'S
SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES. (390.10)
Description: A Council subcommittee consisting of Council Members Hribar and
Nielsen met with City staff on June 8 and July 2, 2007, to review existing fees
and charges for City services. Recommendations for changes resulting from the
meetings have been incorporated in the Schedule of Fees and Changes for City
Services. The subcommittee will continue to meet with City staff and any
additional changes from these meetings will be incorporated into the schedule
later in the fiscal year. Staff recommended Council adopt a Resolution amending
Resolution No. 06-02-07-05, Schedule of Fess and Charges for City Services.
Written Communications:
Report dated July 17, 2007 by Steve Montano, Assistant Director of
Administrative Services.
Supplemental Agenda Report dated July 17, 2007, by Karen Crocker,
Community Services Director.
Presentation: Steve Montano, Assistant Director of Administrative Services,
reviewed the staff recommendation.
The public hearing for this item was held open from the May 1, 2007, regular
meeting. There being no public testimony, Mayor Allevato closed the public
hearing.
Council Action: Moved by Council Member Uso, seconded by Council
Member Nielsen and carried unanimously, 5-0, to adopt Resolution No. 07-07-
17-04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 06-
02-07-05 APPROVING THE SCHEDULE OF FEES AND CHARGES FOR CITY
SERVICES."
PUBLIC HEARING CONCERNING APPEAL OF PLANNING COMMISSION
DENIAL OF ARCHITECTURAL CONTROL (AC) 06-12, MEXICO LINDO-
VAQUERO WEST BUILDING, CLOSED; AND STAFF DIRECTED TO HOLD
PUBLIC WORKSHOP. (APN 121-141-11) (APPLICANT: ERIC ALTMAN)
(410.60)
Description: On June 6, 2007, Mr. Eric Altman, applicant/property owner of
26755 Verdugo LLC, appealed a Planning Commission action to deny a request
for remodel and expansion of an existing Building of Distinction referred to as the
Vaquero West Building. At its meeting of May 22, 2007, the Planning
12 7-17-2007
' Commission denied the project due to inability to make required findings that the
project is compatible with surrounding existing and proposed land uses; and the
character, scale and quality of the design are consistent with the adopted
Architectural Guidelines of the City. Staff recommended Council direct staff to
prepare the appropriate resolution incorporating findings based on Council's
statements and to return at the next Council meeting to adopt said resolution.
Written Communications: Report dated July 17, 2007, by David Contreras,
Associate Planner.
Presentations:
David Contreras, Associate Planner, summarized the staff report.
Eric Altman, the applicant, narrated a power point presentation featuring
photographs of the existing project and adjacent buildings, as well as site plans,
floor plans, exterior elevations, renderings, photographs, and timeline of the
project design to date.
William Grabber, project architect, addressed building constraints due to existing
design as well as City and State Codes; design alternatives considered during
' the process; and potential uses for the project.
Mayor Allevato opened the public hearing.
Public Testimony:
Ken Friess, City resident, encouraged the Council to provide the appellant with
specific information to allow this development to be approved.
Tom Bogdanski, City resident, requested the project provide a view corridor to
the depot.
Sally Bumbulis, City resident, requested Council to uphold the Planning
Commission denial of the project because it is massive and will negatively impact
Sarducci's restaurant patio.
Deborah Bogdanski, City resident, representing Sarducci's Restaurant, felt the
project was massive, impacted a historic view corridor, lacked adequate
landscaping, and impacted parking.
Guy Edwards, City resident, owner of Capistrano Depot, was concerned with
view impacts to the depot building, felt the building was too large, and supported
' tearing the building down.
13 7-17-2007
Laura Freese, City resident, requested Council to provide the applicant with
specific direction to get the development issues resolved.
Monika Mukai, City resident, suggested variances to approve the project and
requested specific direction to move the project forward.
Mayor Allevato closed the public hearing.
Council Comment:
Council Members concurred to direct staff to schedule a workshop involving the
City Council, Planning Commission, and Design Review Committee to provide
project direction to the applicant. There was general consensus that the project
design should feature quality materials and architecture that enhance the
adjacent buildings and community and may consider demolishing the existing
building. The Council concurred that they will serve as the final project approval
body.
Council Member Hribar supported provided the applicant specific direction as the
applicant has already sustained a complex and lengthy process in seeking
project approvals.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso, and carried 4-1, with Council Member Hribar opposed, to close the
public hearing for Consideration of Appeal of Planning Commission denial of
Architectural Control (AC) 06-12, Mexico Lindo-Vaquero West Building located at
26755 Verdugo Street, (generally located east side of "The Santa Fe Rail Depot'
and north of the Franciscan Plaza -Celebrity Theaters); direct staff to schedule a
project workshop involving the City Council, Planning Commission, and Design
Review Committee; and designate the City Council as the approving body for the
project.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
RECESS AND RECONVENE
Soto, Nielsen, Uso, Mayor Allevato
Hribar
None
Council recessed at 10:49 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 10:50 p.m.
14 7-17-2007
' ADMINISTRATIVE ITEMS
G1. PLANNING DIRECTOR
a. OPEN SPACE BALLOT MEASURE ESTABLISHING VOTER APPROVAL
REQUIREMENTS FOR GENERAL PLAN OPEN SPACE DESIGNATION
CHANGES APPROVED. CITY COUNCIL PRIORITY 9A (530.40/630.20)
Description: The Open Space Committee (formerly Northwest Area Strategies
Ad Hoc Committee) is charged with reviewing and making recommendations on
preservation and/or acquiring additional open space, and developing strategies
for future planning for land use and infrastructure accomplishments. The
Committee requested the City Attorney's office draft a ballot measure to ask the
voters whether they wanted a rule enacted requiring voter approval of any
proposed change of General Plan designated open space to another land use. At
its meeting of May 14, 2007, the Open Space Committee unanimously voted to
recommend Council consider placing this issue on an upcoming ballot. The
financial cost of placing the issue before the voters is dependent on the
election/ballot measure date recommended by Council. Council considered this
proposal at their meeting of June 19, 2007, and continued it to ensure full public
disclosure and increased opportunity for participation before making a decision.
' Staff recommended Council approve the Open Space Committee's
recommendation to place a ballot measure before the voters to determine if voter
approval should be required for General Plan open space designation changes;
and direct the City Clerk to prepare a resolution for subsequent Council action to
formally select a ballot day.
J
Written Communications:
Report dated July 17, 2007, by Steve Apple, Planning Director.
Email dated July 16, 2007, from The Van Thofs, City residents, opposing a ballot
measure that would require residents' approval for Open Space General Plan
changes.
Letter dated July 17, 2007, from Ron Hanson, owner, Sycamore Trails Stables,
opposed to the Open Space Ballot Measure; and requesting Council delay action
on the ballot measure for at least 90 days to allow Planning Division staff to meet
with affected property owners and schedule Planning Commission review of the
proposed measure.
Presentation: Steve Apple, Planning Director, summarized the staff report.
15 7-17-2007
Public Comment
Sally Bumbulis, City resident, supported voter approval of general plan open
space designation changes.
Ken Friess, City resident, felt the Council's strategy was well thought out, but
disagreed that voter approval of general plan open space designated land
changes was the appropriate process. He felt it would remove the Council's
ability to negotiate for public benefits related to development.
Larry Kramer, City resident, supported voter approval of open space designation
changes as it would provide the public support needed to proceed with a bond
measure to purchase open space.
Joan Irvine Smith, City resident, supported voter approval of open space
designation changes.
Yvonne Tschaikowsky, City resident, supported the ballot measure and provided
information as to other California communities that have similar open space
measures.
Trevor Dale, City resident, felt the proposal voter approval of open space
designation changes would remove pressure of developing the few remaining
open space areas and prevent future traffic problems.
Shelagh Hegarty, City resident, supported placing a measure on the ballot.
Tom Lorch, San Clemente resident and San Juan Capistrano property owner,
opposed placing a measure on the ballot providing for voter approval of privately
owned open space designation changes. He felt it was unfair to small property
owners.
Jan Siegel, City resident, did not support a ballot measure because developers
can afford to pay for special elections that do not attract voters, while small
property owners cannot afford to do that. She felt the Council should make
decisions, as they are elected to do so.
Brad VanThof, City resident, opposed a ballot measure and felt the Council
should be the stewards of the land. Private property owners pay for the land and
having changes made by voters was an unnecessary burden to land owners.
Dusty Otero, City resident, felt it was inappropriate for voters to decide open
space designation changes.
Christina Speed, City resident, supported an open space measure because there
is too much development pressure.
16 7-17-2007
' Tammy VanThof, City resident, opposed a ballot measure because there are too
many specific nuances to individual parcels for voters to decide.
Council Comment:
Council Member Uso expressed confidence that voters are qualified to determine
the suitability of projects; the ballot measure will put the burden on developers to
pay the costs to promote their project, rather than forcing residents to pay to
oppose projects; and was confident that all affected parties have received
adequate notice of this proposal.
Council Member Hribar speculated that future needs may lead to proposals to
convert open space to retail and/or housing uses and felt that residents would
trust Council endorsement of future projects. He was confident the proposed
ballot measure does not infringe on private property rights.
Council Member Nielsen felt that all affected parties were allowed ample time
and opportunity to voice their opinions concerning this proposal; and has faith in
voters to recognize and support future open space conversion projects that will
benefit the community as a whole.
Mayor Allevato supported the measure in order to shift the burden of proving the
value of a project to the developers and their ability to communicate and market
the project to the public; and to support the public's interest in preserving open
space.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Soto, and carried unanimously, 5-0, to concur with the Open Space
Committee's recommendation to place a ballot measure before the voters to
determine if voter approval should be required for General Plan Open Space
Designation changes; and direct the City Clerk to return to Council in 60 days
with appropriate resolutions to formally select the ballot day.
b. URGENCY ORDINANCE NO. 927 ADOPTED CONCERNING THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES; AND FIRST
READING AND INTRODUCTION OF ORDINANCE RELATED TO BUSINESS
LICENSE PERMITS FOR USES IN CONFLICT WITH STATE OR FEDERAL
LAW, APPROVED. (420.30/390.60)
Description: Planning staff recently received an inquiry concerning the possible
establishment of a medical marijuana dispensary within the City, prompting staff
to review the zoning code to determine to what extent the municipal code
authorizes and/or regulates such a land use. Adoption of the urgency ordinance
' will prohibit the establishment of such uses pending a full and complete zoning
study. In addition, the City Attorney's office recommended Council amend the
municipal code business license regulations to clarify that business licenses will
17 7-17-2007
not be issued for any use determined to be in conflict with state or federal law.
Staff recommended 1) Adoption of an interim urgency ordinance establishing
zoning restrictions on the establishment of medical marijuana dispensaries
pending a zoning study; 2) Introduction of an ordinance amending Municipal
Code Section 3-1.102 prohibiting the issuance of a business license for the
conduct of any activity in conflict with state or federal law.
Written Communications: Report dated July 17, 2007, by John Shaw, City
Attorney.
Presentation: Steve Apple, Planning Director, summarized the staff
recommendation.
Meg Monahan, City Clerk, read the title of the Urgency Ordinance and the title of
the introduced ordinance entitled, "AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION
3-1.102 OF THE MUNICIPAL CODE RELATING TO THE ISSUANCE OF
BUSINESS LICENSE PERMITS."
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to adopt Urgency Ordinance No.
927 entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING ZONING RESTRICTIONS ON THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES PENDING A
ZONING STUDY;" and first reading and introduction of an ordinance amending
Municipal Code Section 3-1.102 relating to the issuance of business license
permits, approved.
ORDINANCES - None
COUNCILMANIC ITEMS
1. COUNCIL MEMBER TOM HRIBAR DESIGNATED LEAGUE OF CALIFORNIA
CITIES 2007 ANNUAL CONFERENCE VOTING DELEGATE; AND COUNCIL
MEMBER MARK NIELSEN DESIGNATED AS ALTERNATE VOTING
DELEGATE. (140.20)
Description: Staff recommended Council appoint a voting delegate and up to
two alternate voting delegates to represent the City at the 2007 League of
California Cities Annual Conference, scheduled for September 5 through 8 in
Sacramento, California.
Written Communications: Staff report dated July 17, 2007, by Meg Monahan,
City Clerk. --
Presentation: Meg Monahan, City Clerk, summarized the staff report.
18 7-17-2007
Council Action: Moved by Council Member Hribar, seconded by Mayor pro
tem Soto and carried unanimously, 5-0, to designated Council Member Tom
Hribar as the voting delegate; and designate Council Member Mark Nielsen as
the alternate voting delegate representing the City of San Juan Capistrano City
Council at the League of California Cities 2007 Annual Conference.
ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting at 11:50 p.m. to
Tuesday, August 7, 2007, at 5:30 p.m. for Closed Session and 7:00 p.m. for the Public
Business Session in the City Council Chamber.
WAN, CITY
August 21, 2007
ATTEST:
SAM A LEVATO,
19 7-17-2007