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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.