07-0807_CC_Minutes_Regular Meeting' MINUTES
AUGUST 7, 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
(arrived at 5:35 p.m.), Mayor pro tem Joe Soto, and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager and Meg Monahan, City Clerk.
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 reviewed the
performance of the City Clerk. (This item was not discussed.)
2. Pursuant to Government Code Section 54957, the City Council reviewed the
performance of the City Manager. (This item was not discussed.)
3. Pursuant to Government Code section 54957.6, the City Council conducted a
conference with its labor negotiator: City designated representative: Mayor; and
Unrepresented employee: City Manager.
4. Pursuant to Government Code section 54956.9, the City Council conferred with
its legal counsel regarding the status of City of San Juan Capistrano v. City of
Laguna Niguel.
Mayor Allevato invited the public to provide comment. There was no public
comment and the meeting was moved to Closed Session chambers.
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 7:03 p.m. in the City Council Chamber. Council Member
Hribar led the Pledge of Allegiance and Mayor pro tem Soto gave the invocation.
1 8-7-2007
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; 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; Grant Taylor, Assistant Planning Director;
Douglas Dumhart, Economic Development Manager; Lynnette Lehmann, Management
Analyst II; Michelle Perea, Administrative Assistant; Jack Galaviz, Public Works
Manager; and Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Uso reported attending meetings with constituents and a League of
California Cities Council Member training session.
Council Member Nielsen reported attending meetings with constituents and staff;
League of California Cities Council Member training session; and remarked on the
successful fundraising of over $110,000 at the Relay for Life event.
Council Member Hribar reported attending San Juan Summer Nites Concerts and Music
Under the Stars events; several Lower Rosan subcommittee meetings; South Orange
County Wastewater Authority meeting and a tour; and Open Space Committee;
downtown signage; and Water Advisory Commission meetings.
Mayor pro tem Soto reported attending meetings related to the Los Rios Park and
Verdugo Street beautification projects; and the Chamber Installation; and the Relay for
Life event.
Mayor Allevato attended the Caltrans Ortega Widening meeting, KOCE broadcast for
the Shea Center benefit, and Transportation Corridor Agency meetings. He met with
Tom Margro, new Chief Executive Officer for the Transportation Corridor Agencies; and
gave a presentation at the Chamber installation event.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen reported the Open Space Committee took two actions at its
meeting on August 6, 2007. The committee unanimously recommended the City
Council direct staff to establish a City foundation formed as a 501(c) (3) for the purpose
of pursuing conservation easements and other open space goals. In addition, the
Committee unanimously recommended the City Council take immediate action
concerning the United States Post Office regional distribution center proposed on
property located in the northwest area of the City. He announced the next meeting date
of September 10, 2007, 7 p.m., at the Community Center.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: Oaks Blenheim Summer Classic Horse Show; Chamber of
Commerce Networking Mixer; San Juan United Soccer team Swallows Tournament;
San Juan Summer Nites Concert Series; and a Barn Dance hosted by the Equestrian
Coalition.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. CERTIFICATE OF APPRECIATION PRESENTED TO MEDIX AMBULANCE
SERVICE. (610.40)
Mayor Allevato recognized Joanna and Michael Dimas, Founder and Chief
Executive Officer of Medix Ambulance Service, for his company's contributions to
the City of San Juan Capistrano; and presented him with a Certificate of
' Appreciation.
2. MAYOR'S AWARD — BUSINESS LEADER OF THE YEAR — PRESENTED TO
CHARLES S. VARGA, PRESIDENT OF THE SAN JUAN CAPISTRANO
CHAMBER OF COMMERCE. (610.40)
Mayor Allevato recognized Charles S. Varga, San Juan Capistrano Chamber of
Commerce President, for his leadership and dedication to the business
community and beyond, with the Mayor's Award for 2007 — Business Leader of
the Year.
3. PRESENTATION RECEIVED REGARDING RENEWED MEASURE M EARLY
ACTION PLAN. (ORANGE COUNTY TRANSPORTATION AUTHORITY)
(610.40)
Paul Glaab, Director of the Orange County Transit Authority, provided a power
point presentation regarding the Renewed Measure M Early Action Plan.
4. MAJOR DONORS FOR THE MARINE 1/11 BATTALION PICNIC RECOGNIZED.
(610.40)
' Mayor Allevato and Council Member Hribar recognized the following businesses
for their participation and generous contributions to the success of the
community's picnic for the Marine 1/11 Battalion: Baskin Robbins; Bradley's
3 8-7-2007
Bouncies; Las Vasqueras; Marie Callender's; Rancho Mission Viejo; San Juan —
Capistrano Rotary; Las Tortugas; Zoomars; Aquatic Technologies; Bad to the
Bone; Eye Ride; Master Protection; Straub; and Von's. Carolyn Boggs, in behalf
of her husband, Lieutenant Colonel Boggs, thanked the community and the
sponsors for their generous hospitality and shared the deep appreciation of the
Marines who attended.
5. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Soto recognized the following individuals in attendance: Laura
Freese and Marie Buckner, Housing Advisory Committee; Gene Ratcliffe and
Robert Cardoza, Planning Commission; Les Blair, Council Liaison to the San
Juan Seniors; Larry Kramer and Matt Gaffney, Transportation Commission;
Roger Evans, Parks, Recreation and Equestrian Commission; Jan Siegel,
Cultural Heritage Commission; and Battalion Chief Mark Hawkens, Orange
County Fire Authority.
ORAL COMMUNICATIONS
Joan Irvine Smith, City resident, informed the Council that she had retained an
environmental law firm to respond to the environmental documentation related to the
Caltrans proposed widening of the Ortega Highway; requested the City Attorney contact
her attorney; and provided contact information
Marilla C. Hamor, City resident, requested continued support from the Council to assist
the residents to purchase the Capistrano Terrace Mobile Home Park.
Jim Vance, City resident, provided information concerning the appraisal process and
current efforts for the residents to purchase the Capistrano Terrace Mobile Home Park.
James Penner submitted a request to speak form but was not present when his name
was called.
Jan Siegel, City resident, asked Council to fight the United States Postal Service
(USPS) proposed distribution center proposal as it was inappropriate for the gateway to
our historic community.
Trevor Dale, City resident, suggested Council move quickly to prepare a political
solution to fight the proposed USPS facility proposal.
Vivian A. Day, City resident, complemented the Sheriff Department and City
administration and staff for their responsiveness and integrity.
Mark Speros, City resident, suggested an alternative method to manage the traffic on
Ortega Highway.
8-7-2007
' Bill Hardy, City resident, asked that the City address improperly zoned property in Los
Rios district related to locating the Troublesman's Cottage.
Monica Mukai, City resident, said there are outstanding issues related to the
Troublesman Cottage, including a zoning correction and costs associated with
relocating the cottage. Mayor Allevato reported the City is still involved in negotiations.
Dave Adams, City Manager, advised outstanding issues were being addressed and
speculated the item may be on the next Council agenda for approval.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Nielsen, and carried unanimously, 5-0, to approve items 1 through 7; 12 through 14;
and 16 through 19 as recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF JULY 3, 2007, APPROVED AS
SUBMITTED.
3. MINUTES OF THE SAN JUAN CAPISTRANO PUBLIC FINANCING
' AUTHORITY BOARD OF DIRECTORS, REGULAR MEETING OF JUNE 19,
2007, APPROVED AS SUBMITTED.
4. MINUTES OF THE SEWER MAINTENANCE DISTRICT NO. 1 BOARD OF
DIRECTORS, REGULAR MEETING OF JUNE 19, 2007, APPROVED AS
SUBMITTED.
5. NEW DEVELOPMENT APPLICATIONS STATUS REPORT, MONTH ENDING
JULY 15, 2007, RECEIVED AND FILED. (440.10)
6. RESOLUTION NO. 07-08-07-01 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE CITY STREET REPAIRS 2006-2007 CAPITAL
IMPROVEMENT PROJECT," ADOPTED; THE CITY CLERK DIRECTED TO
PROCESS THE RECORDING OF THE PROJECT NOTICE OF COMPLETION;
AND STAFF AUTHORIZED TO RELEASE THE 10% RETENTION, IN THE
AMOUNT OF $38,975.10, THIRTY-FIVE (35) DAYS AFTER RECORDATION,
OR WHEN THE RYAN CLAIM AGAINST THE CONTRACTOR IS RESOLVED
TO THE CITY MANAGER'S SATISFACTION, WHICHEVER IS LATER. (ALL
AMERICAN ASPHALT) (CIP NO. 119) (600.30)
I7. CLAIM OF NANCY LAVIGNE DENIED, BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY. (170.70)
5 8-7-2007
8. PROPOSED BUDGET AMENDMENT TO PROVIDE $5,000 IN FUNDING
TOWARD CONSTRUCTION OF SADDLEBACK COLLEGE'S VETERANS
MEMORIAL FAILED. (330.20)
This item was removed from the Consent Calendar for public comment.
Description: Saddleback College in Mission Viejo asked the City for financial
support to construct a memorial on its campus to honor veterans who served and
continue to serve our country. The cities of Mission Viejo, Dana Point, Laguna
Niguel, and Laguna Hills have each pledged contributions of $5,000, and the
general public is being encouraged to donate. Staff recommended Council
approve an appropriation from the general fund reserves in the amount of $5,000
to support construction of the Saddleback College's Veterans Memorial.
Written Communications: Report dated August 7, 2007, by Michael Cantor,
Senior Management Analyst.
Presentation: Michael Cantor, Senior Management Analyst, summarized the staff
report.
Public Comment:
Art Hasselbrink, City resident, representing Homefront America, felt the money
could be better used within our community to support veterans and the funding
for a war memorial should come from private donations.
Marty Samuel, Laguna Hills resident, representing Saddleback College Veterans
Memorial Committee, said the committee was a private effort to build a memorial
reminding students of the sacrifices made by the military.
Council Member Comment:
Council Member Nielsen preferred donating the funds directly to benefit veterans
and suggested payout over a three year period if the donation is approved.
Council Member Hribar supported the memorial to encourage students to enlist
and serve their country.
Mayor pro tem Soto preferred to donate the money directly to the military
families.
Mayor Allevato supported the monument to honor servicemen that attend the
school. He felt the donation was appropriate as many City residents attend the
college and funding would did not impact other program supported by the City.
8-7-2007
Council Action: Moved by Mayor Allevato, seconded by Council Member
' Hribar to approve appropriation from the General Fund reserves, in the amount
of $5,000, to support construction of the Saddleback College's Veterans
Memorial. The motion failed on a 2-3 vote, with Council Member Nielsen,
Council Member Uso, and Mayor pro tem Soto against.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Mayor Allevato
NOES: COUNCIL MEMBERS: Nielsen, Uso, Soto
ABSTAIN: COUNCIL MEMBERS: None
9. FISCAL YEAR 2006 HOMELAND SECURITY GRANT PROGRAMS TRANSFER
AGREEMENT APPROVED. (600.50)
This item was removed from the Consent Calendar by Council Member Hribar to
ascertain the benefits provided to the City as a result of the funds transfer.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Uso and carried unanimously, 5-0, to approve Fiscal Year 2006
Homeland Security Grant Programs Transfer Agreement.
10. RESOLUTION NO. 07-08-07-02 ADOPTED AUTHORIZING SUBMITTAL OF AN
APPLICATION FOR FUNDING UNDER THE 2007 HOME INVESTMENT
PARTNERSHIP. (HOME) (430.40)
This item was removed from the Consent Calendar by Council Member Nielsen
to ascertain from staff that the First Time Home Buyer Program was eliminated
from the grant program due to necessary revisions to make the program
consistent with the City's housing conditions and Home Program guidelines. Staff
intends to work with the State to revise the program and will return it separately
for consideration. He recommended approval of the program with a provision that
staff return within 60 days with a First Time Home Buyer Program.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar and carried unanimously, 5-0, to adopt Resolution No. 07-08-07-
02, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING SUBMITTAL OF AN
APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME
INVESTMENT PARTNERSHIPS PROGRAM; AND IF SELECTED, THE
' EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS
THERETO, AND OF ANY RELATED DOCUMENTS NECESSARY TO
PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM;"
7 8-7-2007
approve revisions to the Owner -Occupied Housing Rehabilitation Guidelines and
the authorize Planning Director to make any additional revisions to the
guidelines, as necessary, to satisfy the 2007 State HOME Program application
requirements; and direct staff to return to Council within 60 days with a First Time
Homebuyer program.
11. MAYOR'S AD HOC COMMITTEE'S RECOMMENDATION FOR COMMUNITY
ORGANIZATION GRANT PROGRAM FUNDING REQUESTS FOR FISCAL
YEAR 2007-2008 APPROVED. (330.20)
This item was removed from the Consent Calendar for public comment.
Public Comment:
Catalina Durazo, representing CREER Cummunidad Y Familia, thanked the
Council for their continued support for their programs.
Diosa Adams, representing Breakthrough San Juan Capistrano, submitted
Request to Speak form but was not present when her name was called.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Uso and carried unanimously, 5-0, to approve the Mayor's ad hoc
committee recommendation to allocate Community Organization Grant Program
Funds, in the amount of $47,000, for Fiscal Year 2007-2008 as follows,
approved: $2,000 to the Assistance League of Capistrano Valley; $2,500 to
Breakthrough San Juan Capistrano; $10,000 to the Camino Health Center;
$2,000 to Capistrano Valley Community Foundation; $1,000 to Coastal Mountain
Youth Academy; $3,000 to CREER Communidad Y Familia; $1,500 to Great
Opportunities; $1,000 to Homefront America; $1,000 to Kathy's House; $2,500 to
Laura's House; $2,500 to San Juan Capistrano Rotary Club; $3,000 to South
Coast Symphony; $12,000 to South County Senior Services (meals): and $3,000
to be divided among Capistrano Valley, Dana Hills, and San Clemente High
Schools for Grad Nite Activities.
12. RESOLUTION NO. 07-08-07-03, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S CLASSIFICATION AND
COMPENSATION PLAN," ADOPTED. (730.30)
13. CONSIDERATION OF UTILITY EASEMENT DEED FOR THE RANCHO
SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT WITHDRAWN
FROM THE AGENDA AT STAFF REQUEST. (670.50)
14. PLANS AND SPECIFICATIONS FOR THE DEL OBISPO STREET WIDENING
AT CALLE ASPERO, APPROVED; AND THE CITY CLERK AUTHORIZED TO
RECEIVE BIDS. (CIP NO. 102) (600.30)
8-7-2007
' 15. RESOLUTION NO. 07-08-07-04 ADOPTED CONCERNING THE RIPARIAN
HABITAT CONSERVATION FOR THE TERMINAL RESERVOIR NO. 3
PROJECT (CIP# 753) (APN 675-011-27 & 675-261-05). (1050.70)
This item was removed from the Consent Calendar by Council Member Uso to
comment on the great value this project is to the City as a mitigation measure.
Council Action: Moved by Council Member Uso, seconded by Mayor pro tem
Soto and carried unanimously, 5-0, to adopt Resolution No. 07-08-07-04,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE DECLARATION OF
RESTRICTIVE COVENANTS FOR CONSERVATION PURPOSES FOR THE
TERMINAL RESERVOIR NO. 3 PROJECT (CIP# 753) (APN 675-011-27 AND
675-261-05);" and direct the City Clerk to process recording of the executed
documents.
16. ACCOUNTS PAYABLE WARRANTS, DATED JULY 17, 2007, IN THE TOTAL
AMOUNT OF $1,542,669.45; AND PAYROLL WARRANTS, DATED JULY 13
AND JULY 27, 2007, IN THE TOTAL AMOUNT OF $691,114.79, RECEIVED
AND FILED. (300.30)
17. REPORT OF INVESTMENTS, MONTH ENDING JUNE 30, 2007, RECEIVED
AND FILED; AND THE CITY CLERK DIRECTED TO FORWARD THE REPORT
TO THE CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION.
(350.30)
18. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND THE SAN JUAN CAPISTRANO CLASSIFIED EMPLOYEES
ASSOCIATION APPROVED; NECESSARY MODIFICATIONS BY THE CITY'S
PERSONNEL RULES AND REGULATIONS AUTHORIZED; AND RESOLUTION
NO. 07-08-07-05, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
RESOLUTION NO. 94-12-6-5, THE CITY'S CLASSIFICATION AND
COMPENSATION PLAN," ADOPTED. (730.30)
19. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND THE SAN JUAN CAPISTRANO MANAGEMENT AND
PROFESSIONAL EMPLOYEES ASSOCIATION APPROVED; NECESSARY
MODIFICATIONS BY THE CITY'S PERSONNEL RULES AND REGULATIONS
AUTHORIZED; AND RESOLUTION NO. 07-08-07-06 ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 94-12-6-5, THE
' CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN,"
ADOPTED. (730.30)
8-7-2007
PUBLIC HEARINGS
RESOLUTION NO. 07-08-07-07 ADOPTED CONFIRMING THE COST REPORT
FOR THE 2007 WEED ABATEMENT ASSESSMENT; AND AUTHORIZING THE
ASSESSMENTS ON THE PROPERTY TAX ROLL. (540.70)
Description: Pursuant to City Ordinance No. 348, Weed and Refuse Abatement,
the City notified property owners of the abatement requirement, held a public
hearing, and then cleared noncompliant properties. All property owners
scheduled for assessment charges were sent a letter via certified mail advising
them of their respective charges. Staff recommended Council adopt the
resolution confirming the cost report, and authorizing the Orange County Auditor -
Controller's Office to include the assessments of weed abatement charges on the
property tax roll.
Written Communications: Report dated August 7, 2007, by Michelle Perea,
Administrative Assistant.
Presentation: Michelle Perea, Administrative Assistant, reviewed the staff report.
Mayor Allevato opened the public hearing, and there being no public testimony,
closed the public hearing.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to adopt Resolution No. 07-08-07-
07, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR
THE 2007 WEED ABATEMENT PROGRAM IN THE CITY OF SAN JUAN
CAPISTRANO."
Presentation:Ed Stewart, the City's thistle abatement contractor, provided a
power point presentation showing the results of abatement efforts.
RECESS AND RECONVENE
Council recessed at 9:22 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 9:58 p.m.
ADMINISTRATIVE ITEMS
G1. CITY CLERK
a. PROJECT NOTIFICATION REQUIREMENTS EXPANDED AND STAFF
DIRECTED TO RETURN WITH POLICY IN RESOLUTION FORMAT. CITY —
COUNCIL PRIORITY 18B (150.10)
10 8-7-2007
' Description: In April 2007, Council directed staff to research expanded
notification options including increased project notification, City-wide notification,
and project site posting. Staff has provided an analysis of expanding notification
and project information signage according to tiers based on scale and potential
impact; and is seeking Council direction regarding the establishment of
notification application policies, issuance of City-wide noticing, signage
requirements, and conveyance of mailing costs. Staff recommended Council
review and discuss the staff analysis and options for project notifications
requirements; and direct staff to return to Council with appropriate legislation to
address Council desired noticing requirements for development application
project types, citywide noticing for projects not tied to development applications,
and project information signage requirements.
Written Communications: Report dated August 7, 2007, by Meg Monahan, City
Clerk.
Presentation: Meg Monahan, City Clerk, summarized the staff report.
Council Comment:
Council Member Hribar did not support the staff recommendation for citywide
' noticing requirements. He felt project impacts should be greater to trigger this
requirement.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried 4-1, with Council Member Hribar against, to direct staff
to return to Council with a project notification policy in resolution format, including
a tiered system for notification requirements and project site signage prior to
project public review processing.
ROLL CALL
AYES: COUNCIL MEMBERS: Nielsen, Soto, Uso, Mayor Allevato
NOES: COUNCIL MEMBERS: Hribar
ABSTAIN: COUNCIL MEMBERS: None
G2. ADMINISTRATIVE SERVICES DIRECTOR
a. SANITARY SEWER MASTER PLAN RECEIVED AND FILED; AND STAFF
DIRECTED TO INITIATE THE PROPOSITION 218 HEARING PROCESS FOR
CONSIDERATION OF PROPOSED SEWER RATES. (1040.50)
' Description: The City's main source of revenue for the operation of the sewer
system, including the cost of all sewer transmission operations within the City,
11 8-7-2007
the City's share of costs at the treatment plant, and funding for capital -
replacement, is the monthly sewer user rates. The City's sewer user rates have
not been increased since August 1983, and are the lowest in the area. In May
2007, staff completed the Sanitary Sewer Master Plan Financial Program Update
and Rate Study, indicating the need for a 45% increase in Fiscal Year (FY)
2007/08 to the City's sewer user rates to bring the sewer enterprise operating
revenues to 98% of the operating expenses. The resulting rates would be
between the median and average of the surrounding agencies. The rate study
also provides for an alternative rate structure that phases in the increase over a
five-year period. In order to raise the sewer rates, the City must follow the
Proposition 218 notice and public hearing procedures, which require the City to
provide written notice of the proposed rate increase and public hearing to every
property owner. Staff recommended Council review and provide comments to
staff regarding the Sanitary Sewer Master Plan Financing Program Update and
Rate Study, receive and file the Sanitary Sewer Master Plan, and direct staff to
begin the Proposition 218 Hearing process for consideration of the proposed
sewer rates.
Written Communications: Report dated August 8, 2007, by Cindy Russell,
Assistant City Manager.
Presentation: Cindy Russell, Assistant City Manager, summarized the staff report.
Council Comment:
Mayor Allevato supported the 45% FY 2007/08 increase as it is imperative to
build reserves, pay operating costs, and set aside money for capital
improvements; encouraged public notification that explicitly explains the need for
the increase; and requested staff establish exception provisions for those with
documented hardships.
Council Member Uso felt the increase would not be an overly large amount of
money per property owner per month; and the increase is necessary and
unavoidable in order to cover operations and preventative maintenance costs.
Council Member Nielsen agreed to the increase in order to stop deficit spending
and increase health and safety for residents; and endorsed future evaluation of
rates based on usage.
Council Member Hribar opposed the 45% increase all at once; supported
increasing the fees by half in FY 2007/08 and half in FY 2008/09; and suggested
formation of a Council subcommittee to study the sewer user rates in depth.
Mayor pro tem Soto opposed a one time 45% increase, while supported a —
phased approach to an increase.
12 8-7-2007
' Council Action: Moved by Council Member Uso, seconded by Council
Member Nielsen and carried 3-2, with Council Member Hribar and Mayor pro tem
Soto against to receive and file the Sanitary Sewer Master Plan; and direct staff
to initiate the Proposition 218 hearing process for consideration of proposed
sewer rates.
ROLL CALL
AYES: COUNCIL MEMBERS: Nielsen, Uso, Mayor Allevato
NOES: COUNCIL MEMBERS: Hribar, Soto
ABSTAIN: COUNCIL MEMBERS: None
G3. PLANNING DIRECTOR
a. RESOLUTION NO. 07-08-07-08 ADOPTED AUTHORIZING VEHICLE
STORAGE AS A PERMITTED TEMPORARY LAND USE FOR LOWER ROSAN
RANCH. (APN 121-240-39; 121-240-73; 121-253-13; 121-253-15) CITY
COUNCIL PRIORITY 7A (420.10)
' Description: At its July 3, 2007, meeting, the Community Redevelopment
Agency (CRA) Board of Directors supported vehicle storage for temporary use of
Lower Rosan Ranch Property, and mixed use development for permanent use.
The CRA Board Members on the Lower Rosan Subcommittee, established by
the CRA Chair to further review potential options and uses, concurred to allow
Superior Auto, LLC of SJC dba Toyota/Scion of San Juan Capistrano to
temporarily utilize a portion of the property during construction of improvements
at the dealership. In addition, the CRA Board Members on the Lower Rosan
Subcommittee concurred that a mixed use development would be the preferred
permanent land use for the site, and recommended staff make arrangements
with the City of Dana Point and Orange County Flood Control District to annex
adjacent properties. Staff recommended Council receive the staff report on
recommended temporary and long term uses for the Lower Rosan Ranch
Property; adopt a resolution authorizing vehicle storage as a permitted temporary
land use within subsection9-3.553(h) of the San Juan Capistrano Municipal
Code; and direct staff as to how to proceed with recommended permanent
development issues.
Written Communications:
Report dated August 7, 2007, by Grant Taylor, Assistant Planning Director.
' Letter dated August 3, 2007, from Lee W. Phelps, Mission Completed
Contractors California, INC., stating their interest in developing the Lower Rosan
Ranch Property.
13 8-7-2007
Letter dated August 6, 2007, from an anonymous resident, requesting one story
buildings and "Green" development for the site.
Letter dated August 7, 2007, from Richard and Susie Zodnik, City residents,
requesting the establishment of an emergency exit for Capistrano Valley Mobile
Estates residents in the development plans for the site.
Presentation: Grant Taylor, Assistant Planning Director, reviewed the staff
recommendation.
Council Action: Moved by Council Member Uso, seconded by Council
Member Nielsen, and carried unanimously, 5-0, to adopt Resolution No. 07-08-
07-08, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ADDITION OF
VEHICLE STORAGE AS A PERMITTED TEMPORARY LAND USE WITHIN
SUBSECTION 9-3.553(H) IN THE SAN JUAN CAPISTRANO MUNICIPAL
CODE;" and direct staff to proceed with recommending permanent development
solutions.
ORDINANCES
ORDINANCE NO. 928 AMENDING MUNICIPAL CODE SECTION 3-1.102
RELATED TO ISSUANCE OF BUSINESS LICENSE PERMITS ADOPTED.
(430.20/390:60)
Description: Staff recommended Council approve second reading and adoption
of the ordinance regulating the issuance of business license permits.
Written Communications`. Report dated August 7, 2007, 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 3-1.102 OF THE MUNICIPAL CODE
RELATING TO THE ISSUANCE OF BUSINESS LICENSE PERMITS."
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Uso and carried unanimously, 5-0, to approve second reading and
adoption of the ordinance regulating the issuance of business license permits.
14 8-7-2007
' COUNCILMANIC ITEMS
1. ANNUAL APPOINTMENTS TO THE YOUTH ADVISORY BOARD APPROVED.
(110.20)
Description: The City Clerk posted and published notices announcing vacancies
on the Youth Advisory Board. Following the appointment of James Schenold as
the adult advisor by the Mayor's Subcommittee, Mr. Schenold and Maricella
Moreno, Recreation Coordinator and Secretary to the Youth Advisory Board,
conducted interviews of the applicants and recommended appointments. Staff
recommended Council make annual appointments to the Youth Advisory Board,
terms ending August 31, 2008, and direct the City Clerk to continue solicitations
to fill the vacant adult advisor position.
Written Communications: Report dated August 7, 2007, by Meg Monahan, City
Clerk.
Presentation: Meg Monahan, City Clerk, reviewed the subcommittee
recommendation.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
' Member Uso and carried unanimously, 5-0, to approve appointments to the
Youth Advisory Board, terms ending August 31, 2008, as follows: Jill Copley,
Derek DeCaro, Brendan Dilloughery, Kayla Ferrari, Jon Hasircoglu, Tara
Lanigan, Georgina Lean, Megan Looney, Matthew McCormick, Rachel
Shangraw, Andrew Soto, Virginia Soto, Kelsey St. Onge, Hilary Vansell, and
Ryan Wagner; and direct the City Clerk to continue solicitations to fill the vacant
Adult Advisory position.
Council Member Uso suggested the Council consider making a portion of San Juan
Creek Park into a neighborhood dog park as a pilot program for other neighborhood dog
parks. Council concurred that Staff should return with an agenda report, including
notification to neighbors.
Council Member Nielsen remarked that the signs on the Mammoth Equities building,
which were previously denied by Council, remain on the building and lighted at night.
He requested staff return to Council to consider action to restrict sign lighting, unless the
applicant turns off the lights and moves forward with a new application. Mayor Allevato
concurred with considering Resolution to restrict sign lighting.
Steven A. Apple, Planning Director, reported that an application for a new sign program
had not been received from Mammoth Equities. He was aware they were working on a
concept.
' John Shaw, City Attorney, reported he will contact Mammoth Equities to ascertain when
an application would be submitted.
15 8-7-2007
ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting at 10:58 p.m. to
Monday, August 13, 2007, at 7:00 p.m., and then to the Regular Scheduled Meeting of
Tuesday, August 21, 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 qubmifted�
M ET R. MONAHAN, CIT'
Ap r ed: September 4, 2007
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16 8-7-2007