07-1120_CC_Minutes_Regular Meeting' MINUTES
NOVEMBER 20, 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; Omar Sandoval, City Attorney; Cynthia
L. Russell, Assistant City Manager; 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 54956.9, the City Council conferred with
its legal counsel regarding the status of City of San Juan Capistrano v. City of
Laguna Niguel, et al.
2. Pursuant to Government Code section 54956.9, the City Council conferred with
its legal counsel regarding the status of Scalzo Trust et al. v. City of San Juan
Capistrano. (Mayor pro tem Soto abstained from this item)
Public Comment:
Sharon Vanderlan, City resident, requested that if an extension to the Scalzo
tract map is granted, it should be conditioned on the Scalzo Trust allowing the
City to install rocks in bottom of creek bed to reduce the continued erosion to the
creek bed slope. The eroding slope is adjacent to their property and if the erosion
continues, it will threaten their property.
3. Pursuant to Government Code Section 54956.8, the City Council conferred with
its real property negotiator (City Manager) regarding a review of price and terms
of potential acquisition of Assessor's Parcels 637-082-71, 637-082-17, 637-082-
16 & 637-082-15 located generally adjacent to northerly portions of Camino
' Capistrano and West of the railroad tracks. The property owner is Crystal
Cathedral Ministries.
1 11-20-2007
RECESS UNTIL 6:30 P.M.
BUSINESS SESSION
Mayor Allevato reconvened the Regular Meeting of the City Council of the City of San
Juan Capistrano to order at 6:37 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; Cynthia L. Russell, Assistant City
Manager; Omar Sandoval, City Attorney; Meg Monahan, City Clerk; Steven A. Apple,
Planning Director; Nasser Abbaszadeh, Engineering & Building Director; Karen Crocker,
Community Services Director; Lt. Mike Betzler, Chief of Police Services; Steve
Montano, Assistant Administrative Services Director; Grant Taylor, Assistant Planning
Director; Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Nielsen reported attending the South Coast Medical Center Gala,
Dana Point Ground Water Recovery Plant dedication; CR&R debris recycle plant;
meetings with Open Space Planning subcommittee (working on re -writing the open
space master plan) and Finance subcommittee (study financing strategy to purchase
open space); meetings with staff regarding contract matters; meetings with Vantanas
development representatives regarding traffic, appearance, and density concerns;
Chevron, regarding stopping the MTB plume that could threaten our groundwater.
Council Member Hribar reported 1/11 Battalion committee meeting preparing for the
December 1 st dinner and Holiday celebration for wives and children of the battalion; a
marine corps Birthday Party; Veterans Day event; Dana Point Ground Water Recovery
Plant dedication; and KDOC broadcast.
Council Member Uso reported meetings related to the Mayor's Distrito La Novia
subcommittee matters; Veterans Day concert; meeting with Chevron representatives
regarding the MTB plume; CUSD facilities meeting for presentation on increasing
recycling efforts; Planning Commission meeting concerning green building methods;
groundwater recovery plant dedication in Dana Point; CR&R presentation; O'Hill project
owners to resolve issues; entered into a contract to purchase photovoltaic roofing for his
2 11-20-2007
home; joint meeting with the Parks, Recreation and Equestrian Commission regarding
the recreational needs assessment and recommendation.
Mayor pro tem Soto reported meeting with County officials regarding the M.R.F facility
at Prima Desecha Landfill; Waste Management Commission meeting concerning
extensive debris from the recent firestorm; South Coast Water ground water recovery
facility dedication; CR&R M.R.F facility dedication; Chevron meeting regarding plume
testing; and the South Coast Hospital fundraising gala.
Mayor Allevato reported attending many of the meetings already mentioned; Orange
County Fire Authority's recent vote to forward contracts for fire service to member
agencies; and press conference conducted by Orange County Sheriff Department and
District Attorney regarding the injunction placed on San Juan Capistrano and San
Clemente gang members.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen announced the next meeting of the Open Space Committee is
scheduled for Monday, December 3, 2007, at 7 p.m., in the Community Center.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: open house for Habitat for Humanity; and the Community Tree
Lighting Ceremony and related events.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. CAPISTRANO ANIMAL RESCUE (CARE) RECOGNIZED FOR ADOPTING
1,000 ANIMALS (610.40)
Mayor Allevato recognized CARE for rescuing and placing its 1,000th homeless
animal; and Mayor Allevato presented a Certificate of Appreciation to Michael
Eggers and Erin Kutnick, representing CARE.
2. CERTIFICATES OF APPRECIATION PRESENTED TO R.J. BRANDES, GAIL
ZUKOW AND DR. JULIE RYAN JOHNSON (610.40)
Mayor Allevato recognized R. J. Brandes, Dr. Julie Ryan -Johnson, Gail Zukow
and the San Juan Capistrano Equestrian Coalition for their efforts with displaced
horses during the October wildfires; and presented them with Certificates of
Appreciation.
11-20-2007
3. ALTERNATIVE TO FOOTHILL SOUTH TOLL ROAD PRESENTATION
RECEIVED. (TRANSPORTATION CORRIDOR AGENCIES) (610.40)
David Lowe, Acting Chief Engineer for the Transportation Corridors Agencies,
narrated a power point presentation rebutting a Smart Mobility Study regarding a
proposed alternative to the 241 — Foothill South Toll Road.
Kia Mortazazi, Executive Director of Planning, Orange County Transportation
Commission, announced upcoming Holiday events and free rider days on the
Amtrak train. He also expressed support for the Foothill South Toll Road project
as it is privately funded, which will free up public funds for other planned
improvements.
4. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Soto recognized the following individuals in attendance: Ilse
Byrnes, Parks, Recreation and Equestrian Commission; Larry Kramer and Erin
Kutnick, Transportation Commission; Bob Cardoza, Planning Commission; Mike
Dunbar, General Manager, South Coast Water District; Dennis Grubb, Assistant
Fire Marshal and Scott Brown, Battalion Chief, Orange County Fire Authority.
ISIXI se•1i,IT111:1[9rtlAlm
Joan Irvine Smith, City resident, inquired into the status of the Ortega Widening Project
and provided an update regarding her plans to document the areas destroyed by the
recent firestorm through paintings. Dave Adams, City Manager, will contact Ms. Smith
with information regarding the Ortega Widening Project as soon as it is available.
Bob King, City resident, encouraged formation of a Council subcommittee to work with
the Koll Company regarding their project proposal, specifically traffic concerns.
Robin Everett, Costa Mesa resident, representing the Sierra Club, spoke regarding the
Transportation Corridor Agency (TCA) presentation regarding alternative designs for the
241 Toll Road. She felt the TCA criticism was unwarranted as the proposal provided an
alternative to address acceptable alternatives.
Pete VanNuys, San Clemente resident, provided copies of a cooperative agreement
related to the proposed 214 Toll Road that prevents improvements to public
infrastructure that compete with the private toll road revenues. He encouraged
improvement of the 1-5 freeway first.
Jerry Collanver, Wild Heritage Planners, opposed the 241 Toll Road and supported the
alternative of improving the 1-5 freeway. If additional roads then need to be built, then
the toll road could be considered.
4 11-20-2007
' Jack Eidt, Wild Heritage Planners, recommended that east -west traffic links from the
approved Rancho Mission Viejo development needed to be addressed along with the
expansion of the 1-5 freeway. The 241 Toll Road is not a viable alternative due to
drastic impacts to adjacent properties.
Paul Calrton, San Clemente resident, felt the toll road should not be built as it will
destroy the Donna O'Neil Land Conservancy, which is prime habitat that has been
supported through many years of hard work and expense.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Uso,
and carried unanimously, 5-0, to approve items 1, 2, 4, 8, 9, and 10 as recommended
by staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
MINUTES OF THE REGULAR MEETING OF OCTOBER 16, 2007, APPROVED
AS SUBMITTED.
3. CALIFORNIA DEPARTMENT OF TRANSPORTATION ADMINISTERING
AGENCY -FEDERAL MASTER AGREEMENT CONCERNING DEL OBISPO
' STREET PROJECTS APPROVED; AND RESOLUTION NO. 07-11-20-01
ADOPTED AUTHORIZING THIS AND SIMILAR AGREEMENTS. (CIP 408 AND
415)(600.50)
This item was removed from the Consent Calendar by Council Member Hribar to
establish the project is anticipated to break ground in spring 2008.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Uso and carried unanimously, 5-0, to approve California Department of
Transportation Administering Agency -Federal Master Agreement Number 12-
5372-R, Program Supplement Agreement Number 009 and 010, for Del Obispo
Street Overlay Projects; and adopt Resolution No. 07-11-20-01, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING CITY MANAGER TO EXECUTE
ALL MASTER AGREEMENTS, PROGRAM SUPPLEMENTAL AGREEMENTS,
FUND EXCHANGE AGREEMENTS, FUND TRANSFER AGREEMENTS AND
OR ANY AMENDMENTS THERETO WITH THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION."
4. TRAFFIC CONGESTION RELIEF PROGRAM/CAPITAL IMPROVEMENT
PROJECT — LA NOVIA BRIDGE WIDENING AND STREET IMPROVEMENTS
' TERMINATED; AND STAFF AUTHORIZED TO MAKE THE PROJECT
FUNDING AVAILABLE FOR OTHER PRIORITY PROJECTS. (TCRP # 28/32)
(590.60)
5. CONSIDERATION OF ADDENDUM NO. 2 FOR PERSONAL SERVICES
AGREEMENT FOR THE 1-5/ORTEGA HIGHWAY INTERCHANGE PROJECT
PULLED FROM THE AGENDA AT STAFF'S REQUEST. (PARSONS
TRANSPORTATION GROUP, INC.) (CIP NO. 141) (600.30)
This item was removed from consideration by staff.
6. RESOLUTION STAYING EXPIRATION OF TENTATIVE SUBDIVISION MAP
16146 DENIED. (BELLADONNA ESTATES) (420.40)
Mayor pro tem Soto recused himself from this item due to a business relationship
with a concerned party.
This item was removed from the Consent Calendar by Council Member Nielsen.
Council ascertained that a 2005 Hydrology Study recommended installation of
riprap in certain portions of a drainage channel to protect the health and safety of
adjacent properties. A permit was received for the work from the California
Department of Fish and Game but the applicant denied the City access to their
property which was needed to proceed with the work. The applicant has since
indicated that it is withdrawing from a memorandum of understanding that would
have allowed for a settlement of the litigation and filed a notice of abandonment
of certain project approvals, therefore the City is not able to proceed with the
work.
Council Member Nielsen stated that the Council had previously contemplated
and supported and extension of the map in conjunction with the implementation
of the memorandum of understanding leading to a settlement of the litigation.
Council Member Nielsen recommended denial of the applicant's request for an
extension unless the applicant is willing to proceed with the previous
memorandum of understanding and settlement agreement, which would provide
City access to his property in order to address public health and safety issues.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar and carried 4-0-1, with Mayor pro tem Soto abstaining, to deny
the resolution requesting a one-year extension of Tentative Tract Map 16146 for
Belladonna Estates.
ROLL CALL
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
Hribar, Nielsen, Uso, Mayor Allevato
None
ABSTAIN: COUNCIL MEMBERS: Soto
6 11-20-2007
' 7. RESOLUTION NO. 07-11-20-02, SUPPORTING THE USE AND
ENCOURAGING THE ESTABLISHMENT OF CARPOOLING PROGRAMS AT
PRIVATE AND PUBLIC SCHOOLS, ADOPTED WITH REVISION. (590.10)
This item was removed from the Consent Calendar by Council Member Uso to
recommend revision of the agenda report to clearly include carpooling programs
for both private and public schools; and attach the revised staff report as an
exhibit to the Resolution.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0 to adopt RESOLUTION NO. 07-11-
20-02, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, IN SUPPORT OF AND
ENCOURAGEMENT TO ESTABLISH CARPOOLING PROGRAMS AT PUBLIC
AND PRIVATE SCHOOLS WITHIN THE CITY OF SAN JUAN CAPISTRANO,"
revised to include revised staff report as an exhibit.
8. FIVE-YEAR CITYGIS SUBSCRIPTION AGREEMENT WITH DIGITAL MAP
PRODUCTS, INC., IN THE AMOUNT OF $33,532.20 FOR EACH OF THE NEXT
FIVE YEARS, APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE
THE AGREEMENT. (600.30)
' 9. ACCOUNTS PAYABLE WARRANTS DATED NOVEMBER 7, 2007, IN THE
TOTAL AMOUNT OF $1,072,461.27; AND PAYROLL WARRANTS DATED
NOVEMBER 2, 2007, IN THE TOTAL AMOUNT OF $277,785.34, RECEIVED
AND FILED. (300.30)
10. THREE YEAR AGREEMENT WITH SYNOPTEK INC. FOR INFORMATION
TECHNOLOGY SERVICES, FOR THE FIXED AMOUNT OF $237,000 PER
YEAR, APPROVED; AND A CONTINGENCY FUND OF $47,400 PER YEAR
ESTABLISHED FOR EACH YEAR OF THE CONTRACT. (600.30)
PUBLIC HEARINGS
1. RESOLUTION NO. 07-11-20-03 ADOPTED APPROVING A WATER RATE
INCREASE EFFECTIVE JANUARY 3, 2008; AND STAFF DIRECTED TO
RETURN TO THE COUNCIL WITH A PROPOSAL FOR A RATE STUDY.
(1050.20)
Description: The City's main source of revenue for the operation of the City's
water system is the monthly water user rates. The water rates provide the
funding for water costs, treatment costs, transmission and distribution; customer
service, administration, engineering, and technical support; and capital
' replacement and debt service. In July 2007, staff completed the Water Master
Plan Financial Program Update and Rate Study, indicating the need for overall
increase of approximately 24% over the next five year planning period. In order
7 11-20-2007
to raise the water user 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. At its
meeting in August 2007, Council directed staff to begin the Proposition 218
Hearing process for consideration of the proposed increase in water rates of
approximately 24% over the next five year planning period. As a result of the
Proposition 218 noticing, staff received 18 protests to the proposed rate increase.
Staff recommended Council open,the public hearing to receive testimony and/or
protest regarding the proposed water rate increase necessary to fund on-going
operations and capital replacement; and adopt a resolution approving the
proposed water rate increase effective January 3, 2008.
Written Communications: Report dated November 20, 2007, by Cindy Russell,
Assistant City Manager.
Presentation: Cindy Russell, Assistant City Manager, summarized the staff report.
Mayor Allevato opened the public hearing.
Public Testimony:
Ilse Byrnes, City resident, felt the mandatory water conservation imposed on
agricultural customers was not fair as the water is not wasted, but instead used
for crops and other production purposes. She felt that conservation efforts
should be imposed on residential customers that use excessive water instead.
John Perry, City resident, opposed a water rate increase because the City was
required to purchase more imported water as the ground water recovery plant
was not producing as predicted, and urged Council to consider participation in
the establishment of a desalinization plant to provide sufficient water to meet
future needs.
Mayor Allevato closed the public hearing.
Council Comment:
Council Members concurred to direct staff to research options to support
agriculture users during drought conditions; encourage residents to reduce their
water usage to counteract the rate increase; support the study of and potential
establishment of rate tiers, lifeline, and super saver rates to help those on fixed
incomes and/or reward those demonstrating water conservation measures; and
encourage residents to consider installing products such as Smart Timers, to
help reduce water usage.
8 11-20-2007
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried unanimously, 5-0, to adopt Resolution No. 07-11-20-
03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REVISING AND INCREASING WATER
COMMODITY AND SERVICE CHARGES," approving a water rate increase
effective January 3, 2008; direct staff to return to the Council with a proposal for
a rate study that would provide for a lifeline program, support agricultural land
use, and address excessive water use; and direct staff to provide public service
outreach encouraging reduction of water use as a means of mitigating the impact
of the rate increase.
2. PLANNING COMMISSION APPROVAL OF ARCHITECTURAL CONTROL (AC)
07-021 AND REZONE (RZ) 07-003 UPHELD WITH MODIFICATIONS. (APN
650-011-32)(MAMMOTH EQUITIES) (410.60)
Mayor pro tem Soto recused himself from considering this item due to its close
proximity to his residence.
Description: In May 2004, the Planning Commission approved Architectural
Control (AC) 03-09, Mammoth Equities, to allow the construction of a two-story
office project located within Comprehensive Development Plan (CDP) 90-2. In
December 2006, the City Council upheld an appeal of the Planning Commission
' approval of a zoning ordinance sign program amendment for this property. In
August 2007, Mammoth Equities submitted a revised sign program proposal
requesting approval of 5 illuminated signs of varying sizes. On October 9, 2007,
the Planning Commission adopted a resolution that approved a revised
Mammoth Equities Sign Program that reduced the requested size and removed
the proposed illumination of two building mounted signs, and allowed two
freestanding illuminated monument signs and one ground illuminated directional
sign as requested. The Chamber of Commerce Board of Directors, Save Our
San Juan — Bob King, and Mammoth Equities each filed an appeal of the
Planning Commission decision. Staff recommended Council adopt a resolution
denying the appeal thereby upholding the Planning Commission decision in
Resolution No. 07-10-9-4 to amend CDP 90-2 and approve the sign program for
Mammoth Equities.
Written Communications:
Report dated November 20, 2007, by Grant Taylor, Assistant Planning Director.
Email dated November 19, 2007, from Marion Costello, City resident, supporting
the Planning Commission's decision to limit Mammoth Equities' signage to 40 s.f.
non -illuminated signs.
Email dated November 19, 2007, from Sally Bumbulis, City resident, supporting
the Planning Commission decision concerning the Mammoth Equity signage.
9 11-20-2007
Email dated November 18, 2007, from Yvonne Tschaikowsky, City resident,
supporting the Planning Commission decision concerning the Mammoth Equity
signage and expressing concern that concessions to this applicant may set
precedent for other projects.
Email dated November 19, 2007, from Tom Costello, City resident, urging
Council to uphold the Planning Commission decision concerning Mammoth
Equity signage.
Email dated November 19, 2007, from kaynsanjuan, opposed to huge signs
within the City limits.
Presentations:
Grant Taylor, Assistant Planning Director, summarized the staff report.
Bob King, Save Our San Juan, appellant, opposed the Planning Commission
approval as the initial study is inadequate and uncertified; the Comprehensive
Development Plan should not be revised as this may establish a precedent for
other commercial developments; the proposed signs are larger than 48 square
feet; and a formal CEQA action had not been taken at the Planning Commission
meeting. He protested not being able to play a tape of a 10 minute segment of
the Planning Commission meeting in addition to his testimony.
Eric Altman, Irvine resident and President of the San Juan Capistrano Chamber
of Commerce, appellant, appealed the Planning Commission approval because a
60 square foot building sign is an appropriate size. He felt the proposed
restricted signs were not business friendly and supported one lit sign for each
building. Signage is needed for businesses to leverage their assets.
Kent Aherling, Mammoth Equities, 29222 Rancho Viejo Road #203, appellant
and applicant, provided a power point presentation reviewing the application with
renderings indicating various sized signs; provided letters of support from
residents, tenants, and business owners; and requested approval of the sign
application as the signs were needed for building identification.
Mayor Allevato opened the public hearing.
Public Testimony:
Nadine Cardello, City resident, opposed the proposed lighted signs and asked
the Council to not modify the CDP. Lighted signs impact the adjacent residential
neighborhood.
10 11-20-2007
' Jeff Singer, City resident, supported lighted signs so that the Mammoth buildings
could be found at night.
Amber Wish, Mammoth Equities, 29222 Rancho Viejo Road, requested lighted
signs as they were needed for clientele to find the buildings at night.
Yvonne Tschaikowsky, City resident, felt the Council's decision would set
precedent for future projects. She did not support the current sign proposal.
Jack H. Kulp, Dana Point resident, representing Coast Bible Church, supported
the lit signs because the Coast Bible Church, at an adjacent site, has many lit
signs.
Jeff Sewell, City resident, opposed lighted signs as they impact the character and
uniqueness of the City.
Mike Sitzer, 29222 Rancho Viejo Road, Mammoth Equities, encouraged approval
of the lighted signs because their tenants' customers have trouble finding the
building at night. They offer 24-hour access to their building and many tenants
have hours until 8 or 9 pm. The signs are needed for identification from the 1-5
and the 73 Toll Road.
' Dave Powers, City resident, opposed lighted signs as they would impact the
character of their neighborhood.
Lois Powers, City resident, opposed modification to the CDP.
Trevor Dale, City resident, was concerned that the Council may compromise an
approval. He asked that they deny the lighted sign proposal.
Michael Jimenez, Loeb and Loeb, 10100 Santa Monica Blvd, Ste 2200, Los
Angeles, attorney representing Mammoth Equities, asked for approval of lighted
signs as the initial study indicated there would be no impact, and the lights are
needed to improve public safety.
Mayor Allevato closed the public hearing
Council Comment:
Council Members concurred to allow a 53 square foot building -mounted lighted
sign on the north building and a 50 square foot building -mounted lighted sign on
the south building, with building mounted signs to be reverse channel letter
construction with soft LED "halo style" backlighting; supported conditioning the
' project to require that the building -mounted sign lighting is turned off by 7 p.m.,
installed with a timer, and not allowed to be turned on until dusk; and directed the
applicant to remove the existing building sconce lighting. No changes to the CDP
11 11-20-2007
language itself are proposed. Council Members thanked the applicant, staff and
community members for their sincere and tenacious efforts to reach a
compromise for the lighting plans.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Nielsen and carried 4-0-1, with Mayor pro tem Soto abstaining, to
uphold Planning Commission approval of Architectural Control (AC) 07-021 and
Rezone (RZ) 07-003 as modified (without amendment to Comprehensive
Development Plan (CDP) 01-2); to provide for a 53 square foot building -mounted
sign on the north building and a 50 square foot building -mounted sign on the
south building; building mounted signs to be reverse channel letter construction
with soft LED "halo style" backlighting; building -mounted sign lighting to be
turned off by 7 p.m. and installed with a timer; and existing building sconce
lighting not permitted
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Hribar, Nielsen, Uso, Mayor Allevato
None
Soto
Mayor pro tem Soto did not return to chambers for the remainder of the meeting.
RECESS AND RECONVENE
Council recessed at 11:15 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 11:16 p.m.
ADMINISTRATIVE ITEMS
G1. ENGINEERING & BUILDING DIRECTOR
a. FIRST READING AND INTRODUCTION OF AN ORDINANCE TO ADOPT
VARIOUS UNIFORM INDUSTRY CONSTRUCTION CODES, APPROVED AS
AMENDED; AND RESOLUTION NO. 07-11-20-04 ADOPTED ESTABLISHING
BUILDING CODES APPEAL PROCEDURES. (TITLE 4 AND TITLE 8) (450.30)
Description: The State of California Health and Safety code requires local
governments to adopt the most recent editions of the model uniform codes
related to construction of all structures, and allows local entities to make
procedural or substantive standard changes to the codes at the time they are
adopted. The ordinance proposed will adopt by reference current editions of
uniform industry construction codes and includes specific technical, substantive
changes which staff, in conjunction with Orange County Fire Authority (OCFA), is
12 11-20-2007
' recommending for various fire regulations in the California Building and Fire
Codes. Staff recommended Council introduce the ordinance amending specified
sections of Titles 4 and 8 of the Municipal Code relating to the adoption of the
2007 California Building Code and other related Uniform codes; and adopt a
resolution establishing implementation rules for conduct of appeal hearings by
the Uniform Building Code Board of Appeals.
Written Communications: Report dated November 20, 2007, by Bret Caulder,
Building and Code Enforcement Services Manager.
Presentation: Nasser Abbaszadeh, Engineering & Building Director, summarized
the staff report.
Dennis Grubb, Assistant Fire Marshal, Orange County Fire Authority, said that
certain discrepancies exist in the proposed ordinance that will have to be
corrected before its adoption. Omar Sandoval, Deputy City Attorney, indicated
that the adjustments will be made before the second reading.
Meg Monahan, City Clerk, read the title of the ordinance, entitled, "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SPECIFIED SECTIONS OF TITLE 4 AND TITLE 8 OF THE
MUNICIPAL CODE RELATING TO THE ADOPTION OF THE CALIFORNIA
BUILDING CODE AND OTHER RELATED UNIFORM CODES."
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried 4-0, with Mayor pro tem Soto absent, to approve first
reading of an ordinance amending specified sections of Titles 4 and 8 of the
Municipal Code relating to the adoption of the 2007 California Building Code and
other related Uniform codes, including revisions to resolve discrepancies in the
code language; and adopt Resolution No. 07-11-20-04, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING IMPLEMENTATION RULES
FOR THE CONDUCT OF APPEAL HEARINGS BY THE UNIFORM BUILDING
CODE BOARD OF APPEALS."
ORDINANCES - None
COUNCILMANIC ITEMS - None
ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting at 11:26 p.m. to
Tuesday, December 4, 2007 at 5:30 p.m. for Closed Session and 6:30 p.m. for the
' Public Business Session in the City Council Chamber.
Respectfully submitted,
13 11-20-2007
Approved:
ATTEST: Decim6er/18! 2007
JOE SOTO, MA
14
11-20-2007