08-0304_CC_Minutes_Regular Meeting' MINUTES
MARCH 4 2008
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION
Mayor Soto 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: Sam Allevato, Tom Hribar, Dr. Londres Uso,
Mayor pro tem Mark Nielsen and Mayor Joe Soto
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; Omar Sandoval, City Attorney; Cynthia
L. Russell, Assistant City Manager; and Meg Monahan, City Clerk
CLOSED SESSION (610.85)
A Closed Session was held for the following purpose, as authorized by statute:
I
1. Pursuant to Government 54956.9(c), the City Council conferred with its legal
counsel regarding two potential cases.
2. Pursuant to Government Code Section 54956.9(a), the City Council
conferred with its legal counsel regarding the status of Save Our San Juan vs.
City of San Juan Capistrano (Mayor Soto recused).
Mayor Soto invited the public to provide comment. There was no public comment
and the meeting was moved to Closed Session chambers.
RECESS UNTIL 6:30 P.M.
BUSINESS SESSION
Mayor Soto called the Regular Meeting of the City Council of the City of San Juan
Capistrano to order at 6:33 p.m. in the City Council Chamber. Jeff Schroeder, San Juan
Fiesta Association, led the Pledge of Allegiance and Council Member Allevato gave the
invocation. Mayor Soto dedicated the meeting in memory of Mr. Clifford Russell,
Cindy Russell, Assistant City Manager's father in law, who recently passed away.
1 3-4-2008
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Dr. Londres Uso,
Mayor pro tem Mark Nielsen and Mayor Joe Soto
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; Omar Sandoval, City Attorney; Cynthia
L. Russell, Assistant City Manager; Maria Morris, Deputy City Clerk; Steven A. Apple,
Planning Director; Nasser Abbaszadeh, Engineering & Building Director; Karen Crocker,
Community Services Director; Lt. Mike Betzler, Chief of Police; Grant Taylor, Assistant
Planning Director; Douglas Dumhart, Economic Development Manager; Michael Cantor,
Senior Management Analyst; Alan Oswald, Senior Traffic Engineer; William
Cunningham, Contract Project Administrator; Kelly Tokarski, Public Relations
Consultant; and Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Uso deferred his report due to anticipated meeting length.
Council Member Allevato reported a community meeting for the 1/11 Battalion,
anticipating their return around April 24th; meeting with Mayor pro tem Nielsen to review
proposals for Strategic Business Plan; and attending the San Juan Fiesta Association
Pet Parade, where granddaughter came in second place in the "cutest" category.
Council Member Hribar reported attending the Boys & Girls Club Power Breakfast;
South Orange County Wastewater Authority meeting; desalinization facility meeting;
Open Space Committee meeting; and a reception for his new granddaughter who was
born earlier today.
Mayor pro tem Nielsen reported attendance at the Open Space Committee meeting;
and participating in a Read-a-Thon at San Juan Elementary School.
Mayor Soto reported attendance at the Boys & Girls Power Breakfast; San Juan Fiesta
Association "Taste of San Juan;" League of Cities meeting; American Cancer Society
meeting; San Juan Elementary "Read-a-Thon;" reception for new Mexican Consulate
Mr. Carlos Rodriguez Quezada; Orange County Mayor's Roundtable Luncheon
meeting; Integrated Waste Management Commission Subcommittee meeting; Ribbon
cutting ceremonies for Vantaggio Limited and Blends; Little League Baseball season
opening day; send-off celebration for Marco Foster L.A. Marathon runners; and the
annual Soroptimist "Rhinestone Cowboy Soiree."
MORD .]
' OPEN SPACE COMMITTEE REPORT
Mayor pro tem Nielsen, Chair of the Open Space Committee, reported the approval of a
new Open Space Master Plan, which will be presented to the City Council; spoke about
grant funds available for habitat restoration; and the upcoming live appearance at
KOCE TV regarding the Committee's open space goals.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: the Chamber of Commerce Networking Breakfast; City
sponsored business workshop; the EI Presidente Ball; and Mission Parish School
Swallow's Day related presentation.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. MARCH 1, 2008 THROUGH MARCH 31, 2008 DESIGNATED AS FIESTA DE
LAS GOLONDRINAS (610.40)
Mayor Soto proclaimed February 1, 2007 through April 30, 2007 as Fiesta de Las
Golondrinas and presented the proclamation to the Fiesta Association President,
Jeff Schroeder. The Fiesta Association Hanging Judge proceeded with the
' annual "Hanging of the Mayor."
2. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Nielsen recognized the following individuals in attendance: Bob
Cardoza, Planning Commission; Lee Goode, Water Advisory Board; Ron
Denman and Gail Zukow, Parks, Recreation & Equestrian Commission;
Laura Freese, Housing Advisory Committee; Jan Siegel, Cultural Heritage
Commission; and Les Blair, San Juan Seniors Liaison.
ORAL COMMUNICATIONS
Joan Irvine Smith, City resident, announced the following events: grand opening of The
Katie Wheeler Library, located in James Harvey's Irvine Sr. former home, which has
been restored to its period ambiance; The Irvine Ranch Historical Park Open House and
Paint-Off/Arts Auction; and The Heritage Gala and Art Exhibition/Sale at the Oaks.
Aida Ganddini, Mission Viejo resident and owner of art gallery in the downtown area,
expressed concerns with Verdugo Street beautification improvements impacts to her
business. Douglas Dumhart, Economic Development Manager will provide her with
information in regard to the improvements.
Deborah Herkenhoff, San Juan Capistrano resident and downtown business owner,
expressed concerns with Verdugo Street beautification improvements impacts to her
3 3-4-2008
business. Douglas Dumhart, Economic Development Manager will provide her with
information in regard to the improvements.
Tom Scott, Camino Real Playhouse, supports the Economic Development Committee's
recommendation in regard to the Camino Real Playhouse's Business Plan/Proposal for
the creation of "The Capistrano Center for Performing Arts," and distributed concept
plans for a new scaled down proposal to the City Council.
Patrick Crowley, City resident, urged the City Council not to renew the lease agreement
with C.H.E.0 for the use of the Old Fire Station Complex due to the negative impacts,
increasing crime, loitering, noise, and parking problems.
Tony Brown, City resident, presented the City Council with a petition from the Mission
Hill and Mission Flats neighborhoods urging the City Council not to renew the lease
agreement with C.H.E.0 for the use of the Old Fire Station Complex.
Francisco Marmolejo, Orange County Human Relations Commission, presented the
City Council with an Annual Report and went over the services provided to the county
wide community.
Bob King, City resident, thanked everyone involved with the recent open space
acquisition; and requested a full environmental impact report for the Koll San Juan
project.
CONSENT CALENDAR
Council Action: Moved Mayor pro tem Nielsen, seconded by Council Member Uso,
and carried unanimously, 5-0, to approve items 1, 2, 3, 6 and 7 as recommended by
staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF FEBRUARY 5, 2008, APPROVED
AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 14, 2008, IN THE
TOTAL AMOUNT OF $1,195,923.83 AND PAYROLL WARRANTS DATED
FEBRUARY 22, 2008, IN THE TOTAL AMOUNT OF $281,743.89 RECEIVED
AND FILED. (300.30)
4. FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR
PARKING ENFORCEMENT IN OVERNIGHT PARKING PERMIT ZONES
APPROVED WITH REVISION. (SECURTEC DISTRICT PATROL INC.) (600.30)
4 3-4-2008
This item was removed from the Consent Calendar by Mayor pro tem Nielsen to
' establish the costs of the additional officer; and to suggest revision to the
Agreement.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to approve First amendment to the
personal services agreement with Securtec District Patrol, Inc. to provide parking
enforcement for the overnight parking permit program citywide, in the amount of
$72,000, from April 1, 2008 to June 30, 2009, with an additional change to the
first paragraph under section 15 to read "City shall have the right to terminate this
Agreement without cause by giving thirty (30) days' advance written notice of
termination to consultant."
5. BID RESULTS ACKNOWLEDGED; CONSTRUCTION CONTRACT AWARDED;
AND RESOLUTION NO. 08-03-04-01 ADOPTED APPROVING THE
MITIGATED NEGATIVE DECLARATION FOR THE HIGH WEST SIDE
PIPELINE (CIP NO. 793), RECYCLED WATERLINES (CIP NO. 755), AND
RECYCLED WATER PRESSURE REDUCING STATION (CIP NO. 785)
PROJECTS. CITY COUNCIL PRIORITY NO. 23B (600.30)
This item was removed from the Consent Calendar by Mayor pro tem Nielsen for
clarification.
I
Written Communications:
Report dated March 4, 2008, by Cindy Russell, Assistant City Manager.
Supplemental Agenda Report dated March 4, 2008, by Cindy Russell, Assistant
City Manager.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0 to acknowledge the receipt of all bids
and award contract for the High West Side Pipeline (CIP No. 793), Recycled
Water Pipeline (CIP No. 755), Recycled Water Pressure Reducing Station (CIP
No. 785) to the lowest responsible bidder, J. De Sigio Construction, Inc., in the
amount of $2,512,228.00; adopt Resolution No. 08-03-04-01 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE
DECLARATION FOR THE HIGH WEST SIDE PIPELINE PROJECT (CIP 793),
RECYCLED PIPELINES PROJECT (CIP 755), AND THE RECYCLED WATER
PRESSURE REDUCING VALVE PROJECT(CIP 785);" approve transfer of
$1,851,159.00 from Water Capital Account to the High West Side Pipeline
Project (CIP No. 793); and authorize the City Manager to approve necessary
' changes to the Construction Contract within the project budget.
3-4-2008
6. NEW DEVELOPMENT APPLICATIONS STATUS REPORT, MONTH ENDING
FEBRUARY 15, 2008, RECEIVED AND FILED. (440.10)
7. RESOLUTION
NO. 08-03-04-02,
ENTITLED "A RESOLUTION
OF THE CITY
COUNCIL OF
THE CITY OF
SAN JUAN CAPISTRANO,
CALIFORNIA,
REQUESTING
SUPPORT FOR
FEDERAL FUNDING FOR FY
2008/09 CITY
CAPITAL IMPROVEMENT
PROJECTS;" (SENATOR
FEINSTEIN),
RESOLUTION
NO. 08-03-04-03,
ENTITLED "A RESOLUTION
OF THE CITY
COUNCIL OF
THE CITY OF
SAN JUAN CAPISTRANO,
CALIFORNIA,
REQUESTING
SUPPORT FOR
FEDERAL FUNDING FOR FY
2008/09 CITY
CAPITAL IMPROVEMENT PROJECTS;" (REPRESENTATIVE CALVERT); AND
RESOLUTION
NO. 08-03-04-04,
ENTITLED "A RESOLUTION
OF THE CITY
COUNCIL OF
THE CITY OF
SAN JUAN CAPISTRANO,
CALIFORNIA,
REQUESTING
SUPPORT FOR
FEDERAL FUNDING FOR FY
2008/09 CITY
CAPITAL IMPROVEMENT
PROJECTS," (SENATOR BOXER) ADOPTED.
(850.00)
PUBLIC HEARINGS
CONSIDERATION OF APPEAL OF PLANNING COMMISSION DENIAL OF
ARCHITECTURAL CONTROL (AC) 06-12, MEXICO LINDO-VAQUERO WEST
BUILDING CONTINUED TO APRIL 15, 2008. (APN 121-141-11) (ERIC
ALTMAN) (410.60)
Description: On August 22, 2007, the City Council held a joint workshop with the
Planning Commission and Design Review Committee to consider the applicant's
appeal to construct a 4,476 square foot addition to the existing Mexico Lindo-
Vaquero West Building located on the East Side of "The Santa Fe Rail Depot"
and North of the Franciscan Plaza -Celebrity Theaters, and provide direction. The
applicant's revised design reduces the square footage to 8,000 square feet,
incorporates a portion of the original Vaquero West building elevation, and
features interesting architectural details as well as an internal pedestrian Paseo.
Staff recommended Council continue the public hearing to April 15, 2008, to
allow the Planning Commission the opportunity to fine tune the Paseo De
Verdugo design; and direct staff to initiate the CEQA review process.
Written Communications: Report dated March 4, 2008, by David Contreras,
Associate Planner.
Presentations:
Steve Apple, Planning Director, summarized the staff report.
Mayor Soto opened the public hearing.
3-4-2008
Public Testimony:
' Bob Cardoza, City resident, felt the new concept meets City's long term
objectives; described the Blue Ribbon Committee's vision for the site; and urged
Council to continue refining the plans and/or consider blocking off vehicle access
to the entire street and expand the existing uses sideways.
Public hearing held open to the April 15, 2008, meeting.
Council Discussion:
Steve Apple, Planning Director, felt Mr. Cordoza's proposal to block off vehicle
access to the street was intriguing, but cautioned that transportation, economic,
adjacent uses and easement issues would have to be considered. He expressed
concern that the time needed to address these issues would upset the project
timeframe.
Eric Altman, the applicant, stated that he is not financially able to continue
revision and/or reconfiguration of the project.
Council Members concurred that the project was satisfactory as presented.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Allevato and carried unanimously, 5-0, to continue the public hearing to
April 15, 2008; and direct staff to complete the environmental review process for
this project.
2. RESOLUTION NO. 08-03-04-05 ADOPTED CONFIRMING THE PLANNING
COMMISSION CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT
REPORT FOR REZONE (RZ) 06-06, WITH REVISIONS; RESOLUTION NO. 08-
03-04-06 ADOPTED CONDITIONALLY APPROVING TENTATIVE PARCEL
MAP 2007-226, WITH REVISIONS; AND FIRST READING AND
INTRODUCTION OF AN ORDINANCE APPROVING REZONE (RZ) 06-06,
CENTRA POINTE OFFICE PARK. (CITY OF SAN JUAN
CAPISTRANO/CENTRA REALTY CORP.) (460.20)
Description: On June 20, 2006, Council reviewed six proposals for the City -
owned site and selected the office commercial use preferred by adjacent
Marbella development homeowners associations. The Purchase and Sale
Agreement with Centra Realty for the site purchase was approved by Council on
August 1, 2006, and designates $1,050,000 of the proceeds toward resurfacing
of Rancho Viejo Road. Centra Realty developed plans for an office park
consisting of three buildings with a total floor area of 35,874 square feet. The site
' is currently designated "Public and Institutional" and needs to be rezoned as
"Commercial Office" in order to allow the proposed use. The plans have been
reviewed and approved by the Transportation Commissions, Cultural Heritage
3-4-2008
Commission, Design Review Committee and Planning Commission. Staff -
recommended Council adopt a resolution confirming the Planning Commission
certification of the Final Environmental Impact Report; adopt a resolution
conditionally approving Tentative Parcel Map 2007-226; approve first reading
and introduction of an ordinance approving Rezone 06-06, amending the CDP
86-04 text and exhibits; and direct the City Clerk to return to City Council for
consideration of second reading and adoption of the ordinance.
Written Communications:
Report dated March 4, 2008, by William Cunningham, Contract Project
Administrator.
Letter dated March 3, 2008, from Bob King, Save Our San Juan, requesting that
approval be conditioned to require completion of the project's identified mitigation
measures before issuance of grading or tree removal permits.
Letter dated March 3, 2008, from Bob King, Save Our San Juan, requesting
denial of the project and conversion of the parcel into a park honoring armed
forces personnel.
Presentations:
William Cunningham, Contract Project Administrator, summarized the staff
report.
Alan Oswald, City Traffic Engineer, reviewed identified traffic impacts; and
discussed project and fair share contributions to mitigate the impacts.
Ed Almanza, Environmental Impact Report preparer, was available for questions.
Steve Sandlin, Applicant, Centra Realty, Irvine, CA, requested approval of the
project as proposed by staff.
Mayor Soto opened the public hearing.
Public Testimony:
Bob King, City resident, felt traffic impacts should be mitigated before they take
place; asked for the parcel to be kept as open space and converted into a park.
James Seiler, City resident, representing the Marbella Property Owners
Association, supports the project but concerned with traffic impacts.
Michael J. Kelly, 36 Plaza Caloroso, Marbella Property Owners Association,
supports the project; and discussed traffic issues.
8 3-4-2008
' Gail Zukow, City resident, inquired into provisions for the safety of equestrian;
and the preservation of trail past Endevco. Bill Cunningham, Contract Project
Administrator, reported that the trail will remain, including a condition requiring
trail, emergency and City events access.
Mayor Soto closed the public hearing.
Council Comments:
Council Member Uso assured Mr. King that if the property had always been
zoned open space, he would never have approved a commercial use for the site.
In addition, the City will profit from the sale of the parcel and the proceeds will be
used for all the residents' benefit. He established from staff that the design for
improvements for Rancho Viejo Road and Junipero Serra Road is almost
finished, the project awaits Caltrans permit issuance, and will move forward
whether or not grant funds are secured. He supported the project paying its fair
share of traffic improvements as presented by staff.
Council Member Allevato supported the project as proposed because it was
developed with extensive input from adjacent residents; funds from the purchase
will benefit residents; improvements proposed with the project will provide traffic
' relief; the project will fund much needed resurfacing of Rancho Viejo Road; and
commercial office development is the highest and best use for this property. He
stated that traffic gridlock at the subject intersection is only present during
morning and afternoon rush hours; will be greatly improved by already approved
and newly proposed improvements; and also ease traffic congestion on Ortega
Highway. He felt the proposed use would not substantially add to the existing
traffic congestion and was confident staff would not overbuild the intersection to
accommodate rush hour traffic.
Council Member Hribar supported this project due to its endorsement from
adjacent developments; and proceeds that will fund additional traffic
improvements and recreation opportunities. He endorsed allowing lighted
signage during business hours, until approximately 8:30 or 9:00 p.m.
Mayor pro tem Nielsen supported the project because the proposed use is
appropriate for its location; Marbella residents have endorsed the proposal; and
proceeds will be used to resurface Rancho Viejo Road and other open space
purposes. He suggested additional language to ensure berms and trees are
included to shield the buildings from the freeway; rephrase one of the project
findings to remove concern that future applicants will want to construct office
commercial in Public and Institutional zones; and include language that the
' project comply with impending new signage guidelines, especially in regard to
lighted signage.
9 3-4-2008
Mayor Soto expressed concern with burdening the last project to go in with traffic
improvements caused by a culmination of projects and residential development,
and felt this project was adequately conditioned to pay its fair share of traffic
improvements. He agreed the gridlock experienced at nearby intersections was
cyclical and acknowledged the history of delays in the Caltrans approval process.
Council Members were assured by staff that they would have the opportunity to
provide input regarding lighting and signage issues during subsequent review;
and the project is conditioned to require its compliance with the new signs
standards, including limits on lighted freeway signage.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Hribar and carried unanimously, 5-0, to adopt Resolution
No. 08-03-04-05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE
CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR REZONE (RZ)
06-06 AND TENTATIVE PARCEL MAP (TPM) 2007-226, CENTRA POINTE
OFFICE PARK," with changes to the sentence of the last paragraph ... (certified
EIR attached as reference); Resolution No. 08-03-04-06, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A FOUR LOT TENTATIVE
PARCEL MAP FOR AN EXISTING 4.4 ACRE PARCEL LOCATED ON THE
WEST SIDE OF RANCHO VIEJO ROAD AND NORTH OF GOLF CLUB DRIVE,"
with changes to page 2. Finding No. 1 (removing the last sentence...
"Specifically, the General Plan's 5.0 -Public & Institutional (P&I)" designation
allows commercial office uses), and adding to Finding No. 4 (adding a
requirement for berming and landscaping); first reading and introduction of an
ordinance entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING COMPREHENSIVE DEVELOPMENT
PLAN (CDP) 86-04, MARBELLA GOLF & COUNTRY CLUB PLANNED
COMMUNITY (PC) DISTRICT STANDARDS" with changes to page 1. Finding
No. 5 (changing "permits development of office uses" to "permits the proposed
use);" direct the Planning Commission to set appropriate time limits in regard to
lighted signage; and direct the City Clerk to return to Council for consideration of
second reading and adoption of the ordinance.
RECESS AND RECONVENE
Council recessed at 9:15 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 10:57 p.m.
10 3-4-2008
' ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. REVIEW OF STATUS OF CITY COUNCIL PRIORITIES FOR FISCAL YEAR
2006/07 AND CONSIDERATION OF WORKLOAD AND BUDGETARY
PRIORITIES FOR FISCAL YEAR 2008/09 MOVED TO MARCH 10, 2008
AGENDA. (330.20)
Description: Update on the Workload and Budget Priorities for FY 2007/08
including a summary of those priorities and their status to date as well as detailed
description of the work that is underway and projected activities for the near
future. Staff recommended Council provide input and direction to staff regarding
City Council initiated priorities and direct staff to return with a final fiscal year
2008/09 priority list for City Council and Agency Board of Directors approval.
Written Communications:
Report dated March 4, 2008, by Cindy Russell, Assistant City Manager
Council Action: Moved by Council Member Hribar, seconded by Mayor pro
tem Nielsen and carried unanimously, 5-0, to continue Review of Status of City
' Council Priorities for Fiscal Year 2006/07 and Consideration of Workload and
Budgetary Priorities for Fiscal Year 2008/09 to the Adjourned Regular Meeting of
March 10, 2008, at 7:30 p.m.
b. BUDGET AMENDMENT FOR EVALUATION AND ACQUISITION OF OPEN
SPACE PROPERTY APPROVED. (330.20)
Description: As part of the City's Open Space Preservation efforts, the City
Council approved an agreement to acquire 109.20 acres of open space property
from the JF Shea Co. in the northwest area of the City for $2.1 million plus
closing costs. Additionally in order to fund community surveys, public education,
property evaluation and other related costs, staff is recommending the FY
2007/08 budget be increased from $45,000 to $100,000. Staff recommended
Council appropriate $2,110,000 from General Fund Reserves to Account No. 12-
xxxxx-4701-xxx for the acquisition of 109.20 acres of open space property form
the J. F. Shea Company; and appropriate $55,000 from the General Fund
Reserves to Account No. 01-62134-4120 for continued property evaluation costs.
Written Communications:
Report dated March 4, 2008, by Cindy Russell, Assistant City Manager.
11 3-4-2008
Letter dated February 27, 2008, from Phillip R. Schwartze, President, the PRS
Group, congratulating the City on its purchase and promoting a bond measure to
support open space.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Hribar and carried unanimously, 5-0, to appropriate $2,110,000 from
General Fund Reserves to Account No. 12-xxxxx-4701-xxx for the acquisition of
109.20 acres of open space property form the J. F. Shea Company; and
appropriate $55,000 from the General Fund Reserves to Account No. 01-62134-
4120 for continued property evaluation costs.
G2. PLANNING DIRECTOR
a. APPEAL OF THE PLANNING SERVICES DEPARTMENT DETERMINATION
THAT A PROPOSED SECOND STORY ADDITION ON PROPERTY LOCATED
AT 30738 PASEO ELEGANCIA DOES NOT COMPLY WITH DEVELOPMENT
STANDARDS DENIED. (DANNY BROSE) (460.10)
Description: The subject property is located in the Marbella Crest subdivision
within the RSE 40,000 (Single-family Residential 40,000), Very Low Density
designation, and developed with a single-family residence, swimming pool, and
detached pool house. Following receipt of an application for a second story
addition to the existing pool house, staff determined the proposed addition is
inconsistent with current development standards with regard to setbacks, lot
coverage, and floor area ratios, and denied the request. The applicant has
requested to be allowed to develop the addition under the previous zoning
designation of RSE 20,000, which was in effect when the original structure was
developed. Staff recommended Council receive the staff report, comment from
the applicant and interested parties; and uphold staffs determination thereby
denying the appeal.
Written Communications: Report dated March 4, 2008, by Grant Taylor,
Assistant Planning Director.
Presentations:
Grant Taylor, Assistant Planning Director, reviewed the staff recommendation.
Danny Brose, appellant, noted the residence and addition were designed in 2002
under the previous zoning designation; he did not receive notice of the zoning
designation change in 2002; adjacent neighbors are also planning additions and
may run into the same issues; and lots in the development although large,
typically have small building pads with considerable slopes.
Council Members established from staff that they are unable to deviate from the
code unless it is amended; an application for a variance has not been received
12 3-4-2008
' and cannot be granted unless certain findings are met; the process to
redesignate the zoning for this property and others in the development back to
the original RSE 20,000 zone will require going through the CEQA process; and
approval of a Variance is done through the Zoning Administrator and takes
approximately 4-6 weeks.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to uphold staffs denial of proposed
second story addition on property located at 30738 Paseo Elegancia, applicant
Danny Brose; and direct staff to complete the variance process, and to review a
rezone of the properties within the neighborhood.
G3. CITY CLERK
a. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING THE
MUNICIPAL CODE RELATED TO COMMISSIONS AND BOARDS, ANNUAL
SELECTION OF OFFICERS APPROVED WITH REVISION. (110.20/610.30)
Description: Due to previous code amendments, the Municipal Code related to
annual election of commission and board officers is no longer relevant. City
Council Policy No. 212 provides for the annual election and rotation of officers.
To allow flexibility should there be future changes, staff is recommending Council
' strike the Municipal Code reference and revise City Council Policy No. 212 to
provide for the annual election of officers within one month of the beginning of
the commissioner and board terms and annually thereafter. Staff recommended
Council approve first reading and introduction of an ordinance amending the
Municipal Code related to Commissions and Boards, and approve revisions to
City Council Code No. 212.
Written Communications: Report dated March 4, 2008, by Meg Monahan, City
Clerk.
Presentation: Maria Morris, Deputy City Clerk, 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,
AMENDING MUNICIPAL CODE SECTION 2-2.108 — OFFICERS, RELATED TO
THE ANNUAL ELECTION OF COMMISSION AND BOARD OFFICERS."
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to approve first reading and
introduction of an Ordinance Amending the Municipal Code Related to
Commissions and Boards, Annual Selection of Officers for Commissions and
' Boards (Title 2, Section 2-2.108); and approve revisions to City Council Policy
No. 212 related to annual selection of officers.
13 3-4-2008
ORDINANCES -None
COUNCILMANIC ITEMS
Mayor pro tem Nielsen requested staff add the Villa Montana project to a future City
Council meeting; Council Members Allevato, Uso, Hribar, and Mayor Soto, concurred.
Dave Adams, City Manager will add this item to a future City Council meeting.
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 11:27 p.m. to
Mo y, rch 10, 2008, at 5:30 p.m. for Closed Session and 7:30 p.m. for the Public
Brysin sJession, and then to Tuesday, March 18, 2008 at 5:30 p.m. for Closed
$essi n, d 6:30 p.m. for the public Business Session in the City Council Chamber.
submitted,
CITY CLERK
14 3-4-2008