07-1204_CC_Minutes_Regular MeetingMINUTES
DECEMBER 4, 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 5:31 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Tom Hribar, Dr. Londres Uso, Mark Nielsen,
and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: Mayor pro tem Joe Soto
STAFF PRESENT: Dave Adams, City Manager; Omar Sandoval, Assistant City
Attorney; Meg Monahan, City Clerk; Cynthia L. Russell, Assistant City Manager;
Steven A. Apple, Planning Director; Nasser Abbaszadeh, Engineering & Building
Director.
CLOSED SESSION (610.85)
' A Closed Session was held for the following purposes, as authorized by statute:
1. Pursuant to Government Code section 54956.9, 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 abstaining)
Public Comment:
Don Vanderlan, City resident, read aloud and submitted a letter requesting the
City install rocks in a trench to prevent further erosion and potential damage to
his property. He noted there is room for the City to have access on the east side
of an adjacent slope without accessing the applicant's property. If the City
proceeds, he requested advance notice.
2. Pursuant to Government Code Section 54956.9(c), the City Council conferred
with its legal counsel regarding potential litigation concerning issuance of a
special events permit by the County of Orange to OCNYE for a New Year's Eve
large crowd gathering celebration at Oaks Blenheim Event Center adjacent to
eastern city limits of San Juan Capistrano.
RECESS UNTIL 6:30 P.M.
1 12-04-2007
BUSINESS SESSION
Mayor Allevato convened the Regular Meeting of the City Council and Regular Meeting
of the Community Redevelopment Agency of the City of San Juan Capistrano to order
at 6:31 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 (left chambers at
9:00 p.m.); 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; Douglas Dumhart, Economic Development
Manager; Teri Delcamp, Historic Preservation Manager; Lynnette Lehmann,
Management Analyst II; Maria Morris, Deputy City Clerk; Christy Swanson,
Administrative Specialist; and Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Uso reported meetings related to the Mayor's Distrito La Novia and the.
Meadows project subcommittee; attended "It's a Wonderful Life" at the Playhouse; a
SOCWA tour; an Economic Development Committee meeting for the Playhouse; Tree
Lighting Ceremony; meeting with Hotel representatives; and the Associated Senior
Action Program luncheon.
Council Member Nielsen reported meetings related to the Mayor's Distrito La Novia and
the Meadows project subcommittee; attended the SOCWA tour; the Associated Senior
Action Program luncheon; Tree Lighting Ceremony.
Council Member Hribar reported attending an Open Space meeting regarding open
space initiative; a contribution to the 1/11 Battalion; Solar Initiative for the Environmental
Committee meeting; Senior Volunteer Recognition Dinner; Associated Senior Action
Program luncheon; Tree Lighting ceremony; meeting with Hotel representatives; and
meeting with school principals in regards to City Resolution for Carpooling Program.
2 12-04-2007
Mayor pro tem Soto reported attending the Senior Volunteer Recognition Dinner; Tree
' Lighting Ceremony; meeting with Hotel representatives; Associated Senior Action
Program luncheon.
Mayor Allevato reported attending many of the previously mentioned meetings; the
Associates Senior Action Program luncheon; Sober Living Environments conference;
Gang Injunction Program discussion at Coffee Chat; Tree Lighting ceremony.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen, Chair of the Open Space Committee, reported that the
telephone survey to determine the community's interest in financially supporting the
acquisition of open space will begin this week. The next meeting is scheduled for
Monday, January 7, 2008, 7:00 p.m. at the Council Chambers to discuss the Open
Space Master Plan and an update regarding meeting with property owners for possible
acquisitions of open space.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following communitywide
events: Networking Breakfast hosted by the Chamber of Commerce; Lunch with Santa
at the Community Center; and the Holiday Toy Express Train at the Depot.
' INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. LONG TERM EMPLOYEE ALBERTO MORALES RECOGNIZED. (730.90)
r
Cynthia L. Russell, Assistant City Manager, recognized Alberto Morales,
Maintenance Worker II, for 20 years of service to the City; and Mayor Allevato
presented him with a Certificate of Appreciation.
2. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Soto introduced the following individuals in attendance: Bob
Cardoza, Ginny Kerr, and Gene Ratcliffe, Planning Commission; Erin Kutnick,
Transportation Commission; Kathy Hooper, Parks, Recreation and Equestrian
Commission; Laura Freese, Housing Advisory Committee; Gil Jones, former
Mayor, and his wife; Mechelle Lawrence, Executive Director of the Mission San
Juan Capistrano; Jeff Schroeder, Fiesta Association; Brad Gates, Retired
Orange County Sheriff; Richard Hill Adams, Past President of Rotary; Vicky
Allevato, Mayor's wife; Rosa Hribar, Council Member's wife; Carol Soto, Mayor
pro tem Soto's wife; Dennis J. Grubb, Assistant Fire Marshal and Patrick J.
Antrim, Battalion Chief, Orange County Fire Authority.
3 12-04-2007
JOINT MEETING: CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
REORGANIZATION
1. JOE SOTO SELECTED TO SERVE AS MAYOR AND MARK NIELSEN
SELECTED TO SERVE AS MAYOR PRO TEMPORE OF THE CITY OF SAN
JUAN CAPISTRANO CITY COUNCIL, TERMS ENDING DECEMBER 2, 2008.
(630.20)
Description: Staff recommended Council follow the traditional procedure to
accomplish the annual reorganization of the City Council.
Written Communications:
Staff report dated December 4, 2007, by.Meg Monahan, City Clerk.
Email dated December 2, 2007, from Gila Jones, City resident, objecting to the
potential selection of Joe Soto as Mayor.
Email dated December 2, 2007, from Kim Lefner, City resident, objecting to the
potential selection of•Joe Soto as Mayor because he has already served in that
capacity.
Email dated December 2, 2007, from Dave Solt, City resident, opposed to
electing Joe Soto as Mayor due to inattentiveness during an earlier Council
meeting.
Reorganization of the City Council:
Meg Monahan, City Clerk, called for nominations for the office of Mayor.
Council Member Uso nominated Council Member Nielsen, but the motion died for
lack of a second.
Council Action: Moved by Mayor Allevato, seconded by Council Member
Hribar, and carried 3-2, with Council Member Nielsen and Council Member Uso
against, to select Joe Soto as Mayor, term ending December 2, 2008.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Soto, MayorAllevato
NOES: COUNCIL MEMBERS: Nielsen, Uso
ABSTAIN: COUNCIL MEMBERS: None
4 12-04-2007
Outgoing Mayor Sam Allevato thanked the public for the opportunity to serve as
Mayor, as well as their support and participation in his "Meet the Mayor" program;
staff for their support, talent, and ability; fellow Council Members for their
cooperation with each other, support for his position, and enthusiasm to serve
the community; and his wife for her strength, support, and encouragement.
Serving as Mayor for the City of San Juan Capistrano has been the opportunity
of a lifetime.
Meg Monahan, City Clerk, called for nominations for the office of Mayor pro tem.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Hribar, and unanimously carried to select Mark Nielsen as Mayor pro
tem, term ending December 2, 2008.
Incoming Mayor Joe Soto thanked his family, friends and supporters for their
encouragement; acknowledged the community involvement and successful
efforts of past Mayors, Council Members, and caring citizens to make San Juan
Capistrano a wonderful City; and presented outgoing Mayor Sam Allevato with a
plaque recognizing his efforts as Mayor and Vicky Allevato with flowers for her
support.
2. RESOLUTION NO. 07-12-04-01 ADOPTED AUTHORIZING THE CURRENT
OFFICERS OF THE CITY TO INVEST FUNDS AND DRAW CHECKS ON CITY
BANK ACCOUNTS. (320.10)
Description: Reorganization of the City Council requires adoption of a resolution
authorizing the newly seated Mayor and Mayor pro tem to assume the duties of
investing funds and drawing checks on City bank accounts. Staff recommended
adoption of the resolution authorizing the current officers of the City to invest
funds and draw checks on the City bank accounts.
Written Communications: Report dated December 4, 2007, by Meg Monahan,
City Clerk.
Council Action: Moved by Mayor Soto, seconded by Council Member Hribar,
and carried unanimously, 5-0, to adopt Resolution No. 07-12-04-01 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DELEGATING TO THE CITY TREASURER
AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST CITY
FUNDS, AUTHORIZING SIGNATURES AND REPEALING RESOLUTION NO.
06-12-05-02."
3. MARK NIELSEN SELECTED AS CHAIRMAN AND TOM HRIBAR SELECTED
AS VICE CHAIRMAN OF THE COMMUNITY REDEVELOPMENT AGENCY
' BOARD OF DIRECTORS, TERMS ENDING DECEMBER 2; 2008. (400.10)
Meg Monahan, Agency Secretary, called for nominations for Chair.
Board Action: Moved by Director Hribar, seconded by Director Uso, and
carried 5-0, to select Mark Nielsen to serve as Chair, term ending December 2,
2008.
ROLL CALL
AYES: BOARD MEMBERS: Hribar, Uso, Soto, Allevato and
Chair Nielsen
NOES: BOARD MEMBERS: None
ABSTAIN: BOARD MEMBERS: None
Meg Monahan, Agency Secretary, called for nominations for Vice Chair.
Board Action: Moved by Director Soto, seconded by Chair Nielsen, and
carried unanimously, 5-0, to select Tom Hribar to serve as Vice Chair, term
ending December 2, 2008.
4. RESOLUTION NO. CRA 07-12-04-01 ADOPTED AUTHORIZING THE
DEPOSIT AND INVESTMENT OF FUNDS AND SIGNATURES ON THE
COMMUNITY REDEVELOPMENT AGENCY ACCOUNTS. (320.10)
Description: Reorganization of the Community Redevelopment Agency requires
adoption of a resolution to authorize the newly selected Chair and Vice Chair to
invest funds and draw checks on Agency bank accounts. Staff recommended
Council adopt a resolution authorizing the deposits and investment of funds and
signatures of the Chairman, Vice Chairman, Executive Director, Agency
Secretary and Agency Finance Officer on the Agency Accounts.
Written Communications: Report dated December 4, 2007, by Meg Monahan,
Agency Secretary.
Board Action: Moved by Director Hribar, seconded by Director Allevato and
carried unanimously, 5-0, to adopt Resolution No. CRA 07-12-04-01, entitled "A
RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY DELEGATING TO THE AGENCY FINANCE
OFFICER AUTHORITY TO DEPOSIT AGENCY FUNDS AND TO INVEST AND
REINVEST AGENCY FUNDS, AUTHORIZING SIGNATURES, AND
REPEALING RESOLUTION NO. CRA 06-12-05-01"
CRA MEETING RECESSED UNTIL CALLED TO ORDER
12-04-2007
IORAL COMMUNICATIONS
Joan Irvine Smith, City resident, inquired into the status of the Ortega Widening
environmental review and urged Council to pursue the extension of La Pata. Dave
Adams, City Manager, reported that Caltrans had not provided a response concerning
the Ortega Widening project; and agreed to inform Ms. Smith as soon as it is received.
Erin Kutnick, City resident, announced the successful fundraising efforts of the Stallion
Booster Club and the student aquatics program to donate 300 Christmas trees to the
1/11 Marine Battalion.
Joel Peshkin, City resident, requested that City staff provide additional information and
referrals regarding photovoltaic roofs, as the current efforts can be confusing to the
public. Dave Adams, City Manager, commended Mr. Peshkin for his individual efforts
while noting that the City is prohibited from recommending a single vendor for the
program. City staff will contact Mr. Peshkin for further discussions.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member
' Allevato, and carried unanimously, 5-0, to approve items 1, 2, 3, 5, 9, and 10 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF NOVEMBER 6, 2007 APPROVED
AS SUBMITTED.
3. REPORT OF INVESTMENTS, MONTH ENDING OCTOBER 31, 2007,
RECEIVED AND FILED. (350.30)
4. RESOLUTION NO. 07-12-04-02 ADOPTED ACCEPTING THE FISCAL YEAR
2006-2007 GENERAL PLAN ANNUAL PROGRESS REPORT. (440.25)
This item was removed from the Consent Calendar by Council Member Hribar to
clarify details of certain projects. Council Members concurred to request staff
bring back certain projects included in the progress report for further discussion.
Mayor pro tem Nielsen suggested revision concerning the Villa Montana
statement to clarify the project has not yet been approved by the City.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro
tem Nielsen and carried unanimously, 5-0, to adopt Resolution No. 07-12-04-02,
' entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING THE CITY'S GENERAL PLAN
7 12-04-2007
ANNUAL PROGRESS REPORT," with revision to page 2 of the Report under
GPA 06-01 — Villa Montana, adding language to the last sentence "An
environmental impact report on the project is under preparation with discretionary
City Council decisions forthcoming."
5. MAYOR AUTHORIZED TO EXECUTE A MILLS ACT CONTRACT FOR THE
MAINTENANCE AND PRESERVATION OF THE INVENTORY OF HISTORIC
AND CULTURAL LANDMARK PROPERTY — 31866 CAMINO CAPISTRANO,
ESSLINGER BUILDING, APN 124-160-17, WILLIAM GRIFFITH; AND THE
PLANNING DEPARTMENT DIRECTED TO PROCESS THE RECORDING OF
THE MILLS ACT CONTRACT WITH THE COUNCIL OF ORANGE. (APN 124-
160-17) (WILLIAM GRIFFITH) (600.30)
6. REQUEST FOR FEE WAIVER TO RENEW BUILDING PERMITS FOR THE
CELEBRITY THEATRE APPROVED WITH CONTINGENCIES. (BUSK
DEVELOPMENT) (26762 VERDUGO STREET) (390.30)
This item was removed from the Consent Calendar by Council Member Allevato
for discussion. Council Members concurred to grant the waiver request subject to
certain improvements, and to transfer the responsibility of these improvements to
the property owner rather than the tenant applicant.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Mayor Soto
and carried unanimously, 5-0, to approve the request for fee waiver, in the
amount of $3,830.03, for the renewal of expired building permits for the Celebrity
Theater at 26762 Verdugo Street, issued to the building owner, for roof and
fagade improvements only, contingent on installation of doors and windows,
removal of site barricades, and removal of scaffolding by March 31, 2008.
7. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — MONTH ENDING
NOVEMBER 15, 2007, RECEIVED AND FILED. (440.10)
This item was removed from the Consent Calendar in error.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro
tem Nielsen and carried unanimously, 5-0, to receive and file New Development
Applications Status Report — Month Ending November 15, 2007.
8. RESOLUTION NO. 07-12-04-03 ADOPTED UPHOLDING AND MODIFYING
THE PLANNING COMMISSION'S APPROVAL OF A SIGN PROGRAM FOR
THE MAMMOTH EQUITIES PROJECT. (410.60)
This item was removed from the Consent Calendar to allow Mayor Soto to
abstain and for public comment.
12-04-2007
Public Comment:
Bob King, City resident, read a letter into the record objecting to being prevented
from playing a tape recording at the November 20, 2007, public hearing. He felt
the Mitigated Negative Declaration was invalid; and that the environmental
review was flawed. He also felt the development did not require an approved
sign program.
Yvonne Tschaikowsky, City resident, felt that the proposed resolution failed to
specify the hour of day building mounted sign lighting could be turned on.
Council Members concurred to include a provision further stipulating the sign
lighting hours of operation.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro
tem Nielsen and carried 4-0-1, with Mayor Soto abstaining, to adopt Resolution
No. 07-12-04-03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, UPHOLDING AND
MODIFYING THE DECISION OF THE PLANNING COMMISSION TO GRANT A
CONDITIONAL APPROVAL FOR THE INSTALLATION OF SPECIFIC SIGNS
FOR THE MAMMOTH PROFESSIONAL BUILDING PROJECT AS SET FORTH
IN PLANNING RESOLUTION 07-10-9-4 (APN 650-01-32) (MAMMOTH
EQUITIES)," revised to include a provision that building sign lighting may not be
turned on before 4:00 p.m. and turned off by 7:00 p.m.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Hribar, Nielsen, Uso, Allevato
None
Mayor Soto
9. CASH BALANCES BY FUND, OCTOBER 31, 2007, RECEIVED AND FILED.
(330.50)
10. ACCOUNTS PAYABLE WARRANTS DATED NOVEMBER 20, 2007, IN THE
TOTAL AMOUNT OF $1,786,027.72; AND PAYROLL WARRANTS DATED
NOVEMBER 16, 2007, IN THE TOTAL AMOUNT OF $273,997.95, RECEIVED
AND FILED. (300.30)
MCI4343I
PUBLIC HEARINGS
RESOLUTION NO. 07-12-04-04 ADOPTED AMENDING THE SAN JUAN
CAPISTRANO MUNICIPAL CODE PERTAINING TO THE PROCESS AND
REGULATIONS FOR MONUMENT SIGNS, BUILDING MOUNTED SIGNS,
VIEW CORRIDORS, AND OFFICE PARKS (410.60)
Description: On May 9, 2007, Council adopted an interim urgency ordinance
requiring Planning Commission review of sign applications in all commercial and
retail zoning districts, and on June 19, 2007, extended it to December 19, 2007.
Staff prepared Code Amendment (CA) 07-01, which focuses on sign code
amendments targeted at building -mounted signs, freestanding monument signs,
office park signs, and signs along view corridors; and addresses the issues and
concerns that resulted in adoption of the interim urgency ordinance. On October
9, 2007, the Planning Commission conducted final review of the proposed code
amendment and recommended Council adopt CA 07-01, with a request that
Council direct staff to proceed with a broader comprehensive update to the entire
sign ordinance. Council reviewed the proposed sign code amendment at its
meeting of November 6, 2007, and provided comment. Staff has revised the
code amendment language as directed. Staff recommended Council adopt a
resolution certifying the Mitigated Negative Declaration; approve first reading and
introduction of an ordinance amending Section 9-3.543 Table 3-42 of the San
Juan Capistrano Municipal Code; and direct staff to proceed with a
comprehensive update to the sign code Section 9-3.543 in its entirety.
Written Communications: Report dated December 4, 2007, by Grant Taylor,
Assistant Planning Director.
Presentation: Grant Taylor, Assistant Planning Director, summarized the staff
report.
Mayor Soto opened the public hearing, and there being no public testimony,
closed the public hearing.
Council Comment:
Council Members concurred to support a separate Office Commercial district; 18
square feet maximum individual tenant signs plus one project identification sign
or major tenant sign per building with the sign area equal to one square foot for
every linear foot of wall area where the sign is to be placed up to a maximum of
50 square feet; additional language to indicate the OC Zone and other
commercial zones shall both maintain language regarding view corridors,
illumination, and Planning Commission approval; and formation of a signage ad-
hoc committee to collect community input.
10 12-04-2007
' Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to adopt Resolution No. 07-12-04-
04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE MITIGATED
NEGATIVE DECLARATION FOR CODE AMENDMENT (CA) 07-01
REGULATING THE PROCESS AND REGULATIONS FOR MONUMENT
SIGNS, BUILDING -MOUNTED SINGS, VIEW CORRIDOR SIGNS, AND
OFFICE PARK SIGNS;" first reading and introduction of an ordinance to return to
council with the following changes: establish OC (Office Commercial) as
separate district under Table 3-42 and maintain the maximum areas for the OC
district at 18 square feet per tenant (rather than 24 square feet) plus one project
identification sign or major tenant sign per building with the sign area equal to
one square foot for every linear foot of wall area where the sign is to be placed
up to a maximum of 50 square feet; the OC Zone and other commercial zones
shall both maintain language regarding view corridors, illumination, and Planning
Commission approval; and direct staff to proceed with a comprehensive update
to the sign code Section 9-3.543 in its entirety.
2. CODE AMENDMENT (CA) 07-02 TITLE 9 AMENDMENTS TO THE SAN JUAN
CAPISTRANO MUNICIPAL CODE (TITLE 9) PERTAINING TO ZONING
PROCEDURES, ADMINISTRATION AND DEFINITIONS, CONTINUED TO
' JANUARY 15, 2008. (420.30)
Description: On October 12, 2002, the City Council adopted Ordinance 869,
adopting a comprehensive update to the City's Land Use Code. Since the 2002
Land Use Code Update was adopted, staff and the Planning Commission have
identified concerns with some of the language, including clarification of the tree
permit provisions; lack of term definitions, lack of required findings for project
approval, and lack of time periods for approval; and typographical errors. Staff
has drafted revisions to three chapters of the Land Use Code relating to general
procedures, administration, subdivisions and to the appendix containing the
definitions section of the Code. The draft Land Use Code has been updated to
reflect input and direction received during Planning Commission workshops and
public. hearings. The Planning Commission has certified the Negative
Declaration/Initial Study and recommended Council adopt an ordinance
approving the proposed code amendments. Staff recommended Council continue
the public hearing to the regular meeting of January 15, 2008, to complete review
of the three chapters and appendix.
Written Communications:
Report dated December 4, 2007, by Grant Taylor, Assistant Planning Director.
11 12-04-2007
Email dated December 3, 2007, from Lennie DeCaro, City resident, opposed to
code revisions at this time as they may negatively impact potential litigation with
Caltrans regarding the widening of Ortega Highway.
Presentation: Grant Taylor, Assistant Planning Director, reviewed the staff report.
Mayor Soto opened the public hearing.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro
tem Nielsen and carried unanimously, 5-0, to continue the public hearing for
Code Amendment (CA) 07-02 Title 9 Amendment to the San Juan Capistrano
Municipal Code (Title 9) Pertaining to Zoning Procedures, Administration and
Definitions, including three chapters of the Land Use Code and Definitions to
Include Section 9-1.101 through 9-2.401 (General Procedures — Administration),
Section 9-4.101 through 9-4.405 (Subdivisions) and Appendix A (Definitions), to
the regular meeting of January 15, 2008, at 6:30 p.m.
RECESS AND RECONVENE
Council recessed at 9:26 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 9:41 p.m.
ADMINISTRATIVE ITEMS
H1. CITY MANAGER
a. FIRST READING AND INTRODUCTION OF AN ORDINANCE CONCERNING
SENATE BILL 1045 AND SENATE BILL 1096; AND EXTENDING THE TIME
LIMIT OF THE COMMUNITY REDEVELOPMENT PLAN (340.10)
Description: The Senate has passed Senate Bill 1045 and Senate Bill 1096
requiring Redevelopment Agencies to redirect funding toward Educational
Programming in fiscal years 2003-2004, 2004-2005, and 2005-2006. This
requirement increases the Agency's financial burden without direct positive
effects to the Redevelopment Area. Approval of the proposed ordinance will
extend the Redevelopment Plan effectiveness dates and the debt repayment and
receipt of tax increment dates by three years. Staff recommended Council
approve first reading and introduction of an ordinance amending Section 9 of the
"San Juan Capistrano Community Redevelopment Plan" increasing the duration
of the Redevelopment Plan for the San Juan Capistrano central Redevelopment
Project Area.
Written Communications: Report dated December 4, 2007, by Laura Stokes,
Administrative Intern.
12 12-04-2007
Presentation: Douglas Dumhart, Economic Development Manager, summarized
' the staff report.
Maria Morris, Deputy City Clerk, read the title of the ordinance, entitled, "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AND ADOPTING AN AMENDMENT INCREASING THE
DURATION OF THE REDEVELOPMENT PLAN FOR THE SAN JUAN
CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA."
Council Action: Moved by Council Member Hribar, seconded by Council
Member Uso and carried unanimously, 5-0, to approve first reading and
introduction of an ordinance amending Section 9 of the "San Juan Capistrano
Community Redevelopment Plan" increasing the duration of the Redevelopment
Plan for the San Juan Capistrano central Redevelopment Project Area.
ORDINANCES
SECOND READING OF AN ORDINANCE TO ADOPT BY REFERENCE
VARIOUS UNIFORM BUILDING INDUSTRY CONSTRUCTION CODES WITH
AMENDMENTS APPROVED. (450.30)
Description: Staff recommended Council approve second reading of an
' ordinance to adopt by reference various uniform building industry construction
codes.
Written Communications: Report dated December 4, 2007, by Bret Caulder,
Building and Code Enforcement Services Manager.
Maria Morris, Deputy 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 8 OF THE MUNICIPAL
CODE RELATING TO THE ADOPTION OF THE CALIFORNIA BUILDING
CODE AND OTHER RELATED UNIFORM CODES."
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to approve second reading of an
ordinance to adopt by reference various uniform building industry construction
codes.
COUNCILMANIC ITEMS
Council Member Hribar brought up the crow problems in town and referred to an article
regarding pigeon problems in New York City. He felt that crows are killing songbirds,
hummingbird and are chasing the hawks away.
13 12-04-2007
Mayor Soto concurred with Council Member Hribar and felt that the city should
investigate solutions as the crows cause major damage.
Council Member Allevato suggested approaching Fish and Game to provide a
presentation or contacting the Audubon Society.
Council Member Nielsen concurred and asked staff to bring this issue back to Council
with an expert on the subject. Staff will bring back to Council at a future meeting.
ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting at 9:53 p.m. to
Tuesday, December 18, 2007 at 5:30 p.m. for Closed Session and 6:30 p.m. for the
Public Business Session in the City Council Chamber.
Respectfullysubmitt d,
14A A 22b
M RET R. MONAHAN, CITY CLERK
14 12-04-2007
NOTICE OF A CONTINUED PUBLIC HEARING
OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano,
California, continued the following Public Hearing
Consideration of Code Amendment (CA) 07-02 Title 9 Amendment to the San
Juan Capistrano Municipal Code (Title 9) Pertaining to Zoning Procedures,
Administration and Definitions. The Amendment Include Three Chapters of the
Land Use Code and Definitions to Include Section 9-1.101 through 9-2.401
(General Procedures — Administration), Section 9-4.101 through 9-4.405
(Subdivisions) and Appendix A (Definitions).
From the Regular Meeting of December 4, 2007 at 6:30 p.m., to the Regular Meeting to
be he d Tuesday, January 15, 2008 at 6:30 p.m. in the City Council Chamber, 32400
Pa o delanto, San Juan Capistrano.
December 5,
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
SS AFFIDAVIT OF POSTING
I, MARGARET R. MONAHAN, City Clerk of the City of San Juan Capistrano, do hereby
declare that the above Notice was posted at or near the door of the City Council
chamber on December 5, 2007 within 24 hours of adjournment of the above-named
of perjury that the foregoing is true and correct.