08-1007_CC_Minutes_Regular MeetingMINUTES
OCTOBER 7, 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
PUBLIC COMMENT — CLOSED SESSION ITEMS:
Mayor Soto invited the public to provide comment. There was no public comment and
the meeting was moved to Closed Session chambers.
CLOSED SESSION (610.85)
A Closed Session was held for the following purposes, as authorized by statute:
a. PURSUANT TO GOVERNMENT CODE SECTION 54958.9(C), THE CITY
COUNCIL CONFERRED WITH LEGAL COUNSEL PERTAINING TO THE
POTENTIAL INITIATION OF LITIGATION INVOLVING FOUR CASES.
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 6:38 p.m. in the City Council Chamber. Council Member Hribar
led the Pledge of Allegiance and Mayor pro tem Nielsen gave the invocation.
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
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were not necessarily heard in that order.
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ANNOUNCEMENT OF CLOSED SESSION ACTIONS - Omar Sandoval, City Attorney,
announced that no reportable actions were taken during closed session.
CITY COUNCIL COMMENTS AND ORAL REPORTS
Mayor Soto dedicated the meeting to Louie Brutocao who recently passed away. He
was recognized for his successful service to the City of Covina as a former mayor and
council member that resulted in establishment of schools, hospitals and churches in that
community. His son Roberto served the city on the Transportation Commission.
Council Member Uso reported attendance at the League of California Cities conference
and meetings with residents and staff.
Council Member Allevato reported that the Orange County Fire Authority received a
$6.7 million reimbursement from Cal -Fire related to the Santiago Fire and a $90,000
reimbursement to the Orange County Sheriff Department; efforts of the Community
Issues committee to address public safety; attendance at the 241 toll road extension
hearing, the Boys & Girls Club of Capistrano Valley fundraiser, community Ridgewalk,
Rotary lunch for the 1111 Marine Battalion, and the Fiesta Association swallows
departure event.
Council Member Hribar announced attendance at the League of California Cities
conference; concerns that MBTE issues may stall the desalinization plant; attendance at
the Ridgewalk, and the Boys & Girls Club of Capistrano Valley fundraiser, expressing
the need for the community to support that organization.
Mayor pro tem Nielsen reported attendance at the League of California Cities
conference, loss of $450,000 Community Redevelopment Agency funds due to state
budget shortfall; opportunity for residents to contact www.sco.ca. ov to see if the state
owes you money; and felt the city should pursue funds from the $3.9 billion the federal
government set aside for foreclosed properties.
Mayor Soto reported attending the San Juan Summer Nites Concert; the Creek
Cleanup; a Military dinner; the San Juan Hills Stallion homecoming game; Boys & Girls
Club of Capistrano Valley fundraiser; the Ridgewalk; a barbeque at the Swallows Inn;
and the Leadership Academy first class.
OPEN SPACE COMMITTEE REPORT
Mayor pro tem Nielsen announced last night's meeting business included an update on
the Open Space Master Plan, opportunities to expand accessibility and the community
garden, improve the citrus groves, habitat restoration, and creation of passive, active
and equestrian uses. The November 3, 2008 meeting will include a presentation on
grant funding opportunities.
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ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events:
• Groundbreaking ceremony for Los Rios Park project
• Orange County Fire Authority Open House
• Second Saturday Art Fair
• Travis Air Force Base Rhythm & Brass band concert
• Flu Shot Clinic for older adults
INTRODUCTIONS PRESENTATIONS AND DONATIONS
1. JOE MANKAWICH RECOGNIZED FOR 10 YEARS OF SERVICE TO THE CITY
(730.90)
John O'Donnell, Utilities Director, recognized Joe Mankawich, Associate
Engineer, for 10 years of service to the City and Mayor Soto presented him with
a Certificate of Appreciation.
2. MAYOR'S COMMUNITY SERVICES LEADER OF THE YEAR: JAMES
LITTLEJOHN (610.40)
Mayor Soto recognized James Littlejohn, executive Director of the Boys & Girls
Club of Capistrano Valley, for his longtime contributions to the City and
presented him with the Mayor's Award for Community Services Leader of the
Year.
3. ORANGE COUNTY CHAPTER OF THE URBAN LAND INSTITUTE TECHNICAL
ADVISORY PANEL REPORT ON THE 1-5 INTERCHANGE (610.40)
Roger Mobley, Roger W. Mobley Consulting; Jim Lizzi, City of Irvine; and Edward
A. de Avila, Village Partners, representing the Orange County Chapter of the
Urban Land Institute, Technical Advisory Panel, gave a PowerPoint presentation
report of their recommendations for the downtown area related to proposed
improvements for the 1-5/Ortega Highway interchange.
4. STATUS REPORT — METHYL TERTIARY BUTYL ETHER (MTBE) TESTING
AND REMEDIATION CONDUCTED BY CHEVRON (530.25)
Michael Donavan, PSOMAS, the City's consultant to oversee Chevron's MTBE
remediation efforts provided a PowerPoint presentation reviewing the status of
the work completed and yet to be completed by Chevron.
Natasha Molla, representing Chevron, provided a PowerPoint presentation
regarding the current status of their efforts to remediate MBTE in the city's
groundwater.
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5. COMMISSIONERS PRESENT AT MEETING INTRODUCED (110.10)
Mayor pro tem Nielsen introduced the following individuals in attendance: Ron
Denman, Parks, Recreation and Equestrian Commission; William Bonnie and
Laura Freese, Housing Advisory Committee; and Ken Ficklin, Transportation
Commission.
ORAL COMMUNICATIONS
Joan Irvine Smith, city resident, shared thoughts about the Urban Land Institute
presentation and the 241 Toll Road hearing. She inquired into the status of the Ortega
Highway Environmental Impact Report and offered free Sycamore trees to the City.
Dave Adams, City Manager, responded that Nasser Abbaszadeh, Public Works Director
m will contact her when he returns and Ziad Mazboudi, Senior Civil Engineer, will be in
touch regarding the offer of trees.
Randy Holman, representing Cox Cable, provided information regarding their efforts to
ease the transition to digital broadcast.
Raymond Herrera; Robin Hvidsoh; Bob Holtzclaw; and Gerry Nance, representing the
Minuteman Project, spoke regarding illegal immigration and the need to use E -Verify.
CONSENT CALENDAR
Council Action: Moved by Council Member Hribar, seconded by Council Member Uso,
and carried unanimously, 5-0, to approve items 1, 5, 6, 7 as recommended by staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES APPROVED AS AMENDED: CITY COUNCIL REGULAR MEETING
OF SEPTEMBER 16, 2008
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member
Hribar, and carried unanimously to approved the minutes of the regular meeting
of September 16, 2008 with page 9, last paragraph, amended to read, "...and
carried unanimously to waive further reading and approve first reading and
+ntroduotien--of the ordinance entitled, ..."
3. RESOLUTION NO. 08-10-07-01 ADOPTED RELATED TO VACATING THE
PASEO TIRADOR RIGHT-OF-WAY (440.25)
Council Action: Moved by Council Member Hribar, seconded by Council Member
Uso, and carried 4-1-0 to adopt Resolution No. 08-10-07-01 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, VACATING THE PASEO TIRADOR RIGHT-OF-WAY; AND THE
CITY CLERK DIRECTED TO PROCESS RECORDING OF THE RESOLUTION."
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ROLL CALL
Aye: Council Member: Allevato, Uso, Hribar and Mayor Soto
No: Council Member: Mayor pro tem Nielsen
Absent: Council Member: None
4. REPORT OF INVESTMENTS — MONTH ENDING AUGUST 31, 2408,
RECEIVED AND FILED (350.30)
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member
Uso, and carried unanimously to received and file the Report of Investments —
Month Ending August 31, 2008.
5. CASH BALANCES BY FUND — AUGUST 31, 2008, RECEIVED AND FILED
(330.50)
6. ACCOUNTS PAYABLE WARRANTS DATED SEPTEMBER 11, 2008 AND
SEPTEMBER 25, 2008 IN THE TITLE AMOUNT OF $4,194,919.40; AND
PAYROLL WARRANTS DATED SEPTEMBER 19, 2008, IN THE TOTAL
AMOUNT OF $318,469.01, RECEIVED AND FILED (300.30)
7. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — MONTH ENDING
SEPTEMBER 15, 2008, RECEIVED AND FILED (440.10)
8. RESOLUTION NO. 08-10-07-02 ADOPTED RELATED TO ACCEPTANCE OF
IRREVOCABLE OFFER OF DEDICATION FOR STREET AND HIGHWAY
PURPOSES (CALLE ROI_ANDO)(HABITAT FOR HUMANITY)(600.30)
Council Action: Moved by Council Member Uso, seconded by Mayor pro tem
Nielsen, and carried unanimously to adopt Resolution No. 08-10-07-02 entitled,
A RESOLUTION OF THE CITY COUNCIL ]OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING AN IRREVOCABLE OFFER OF
DEDICATION FOR STREET AND HIGHWAY PURPOSES (CALLE
ROLANDO);" RELEASE OF THE CORRESPONDING BOND AUTHORIZED 35
DAYS AFTER RECORDING; AND THE CITY CLERK DIRECTED TO
PROCESS RECORDING OF THE NOTICE OF COMPLETION (HABITAT FOR
HUMANITY)."
PUBLIC HEARINGS
E1. REZONE (RZ) 08 -006 -REZONE OF PROPERTIES WITHIN THE IDENTIFIED
COMMUNITIES FROM THE MULTIPLE FAMILY (RM) DESIGNATION TO
PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT — FIRST
READING OF AN ORDINANCE APPROVED (TRACT 8460 — CAPTAIN'S HILL)
(TRACT 8593 — MARINER'S VILLAGE) (TRACT 15301 — PARK PLACE)
(TRACT 11086 — CASITAS DEL RIO) (TRACT 5624 — CASITAS CAPISTRANO)
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(TRACT 9304 — SAN JUAN HILLS EAST) (TRACT 5514 SAN JUAN HILLS
WEST) (CITY OF SAN JUAN CAPISTRANO)(460.20)
Justin Kirk, Assistant Planner, summarized the staff report.
Mayor Soto opened the public hearing. No public testimony was received
therefore Mayor Soto closed the public hearing.
Meg Monahan, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Nielsen, and carried unanimously to approved first reading and introduction of an
ordinance entitled, "AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP TO
CHANGE THE ZONING OF THE IDENTIFIED COMMUNITIES FROM THE
MULTIPLE FAMILY (RM) DESIGNATION TO THE PLANNED RESIDENTIAL
DEVELOPMENT DISTRICT (PRD) (REZONE 08-006)."
RECESS AND RECONVENE
Council recessed to convene the San Juan Capistrano Community Redevelopment
Agency meeting and reconvened following the agency's business.
ADMINISTRATIVE ITEMS:
G1. UTILITIES DIRECTOR
a. ORDINANCE RELATED TO RENAMING AND REDEFINING THE DUTIES OF
THE WATER ADVISORY COMMISSION (TITLE 2, CHAPTER 2, ARTICLE 12)
FIRST READING APPROVEDAS AMENDED; AND UTILITY DEPARTMENT
RENAMED THE UTILITIES DEPARTMENT (110.201700.50)
John O'Donnell, Utilities Director provided a summary of the agenda report.
Meg Monahan, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Mayor Soto, and
carried unanimously to approve first reading and introduction of an ordinance
entitles, "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING ARTICLE 12 OF CHAPTER 2 OF TITLE 2, OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE REORGANIZING THE WATER
ADVISORY COMMISSION INTO THE UTILITIES COMMISSION," amended to
add under Sec. 2-2.1203 Duties "h. Representation on local and regional boards
involving any of the above, as designated by City Council from time to time."
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G2. COMMUNITY DEVELOPMENT DIRECTOR
a. GENERAL PLAN LAND USE DETERMINATION —TUCKER PROPERTY (APNS:
650-071-53; 650-074-02, '03): 1.0, GENERAL OPEN SPACE" BY THE
GENERAL PLAN LAND USE POLICY MAP (440.25)
Bill Ramsey, Principal Planner, provided a summary of the agenda report and
recommendation. He and Steven Apple, Community Development Director,
responded to questions.
Larry Tucker, applicant,
• Requested initiation of a general plan amendment process
• Felt the property was improperly zoned by staff from Growth Management
to general open space during the 1999 General Plan process
• He did not receive individual notice of the 1999 legislative process as
notice had been provided as a legal notice in the local paper. This was
not sufficient to gain his awareness.
• 1987 discussions with planning staff resulted in a conceptual plan for
development that included neighboring parcels.
• November 10, 1987 minutes from the Planning Commission documents
that office use was allowed on the property.
• Requested that his entire testimony, submitted in written format, be made
part of the record (forwarded to Community Development for inclusion in
the property file).
Council Discussion:
• The 1999 legislative process establishing the current General Open Space
designation was a legally conducted process.
• The former "growth management" designation did not specifically provide
for the 2.4 -Medium High Density Residential (8.1-18.0 du/acre) that Mr.
Tucker requested from the Community Development Department
• The Planning Commission minutes of November 10, 1987 were from a
workshop — not a final action of the commission or council
• Initiating a General Plan Amendment process would only be done based
on a proposal that would provide identifiable benefits to the City.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Mayor Soto, and
carried unanimously to determine that the present General Plan land use
designation of the Tucker property is 1.0 -General Open Space" as reflected on
the 1999 General Plan Land Use Element Land Use Policy Map.
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G3. CITY CLERK
a. RESOLUTION NO. 08-10-07-03 ADOPTED REVISING THE CITY'S CONFLICT
OF INTEREST CODE (640.40)
Meg Monahan, City Clerk, provided a summary of the agenda report.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Mayor Soto, and
carried unanimously to adopt Resolution No. 08-10-07-03 entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING ITS CONFLICT OF INTEREST
CODE TO REFLECT CURRENT MANAGEMENT POSITIONS AS
CLASSIFIED."
ORDINANCES:
1. ORDINANCE NO. 942 ADOPTED: ORDINANCE AUTHORIZING LEVY OF A
SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 20081
(VENTANAS BUSINESS CENTER) (600.301630.201340.40)
Meg Monahan, City Clerk, read the title of the Ordinance.
Council Action: Moved by Council Member Uso, seconded by Council
Member Allevato, and carried 4-1-0 with Mayor pro tem Nielsen opposed to
adopt Ordinance No. 942 entitled, AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT
2008--1 OF THE CITY OF SAN JUAN CAPISTRANO (VENTANAS BUSINESS
CENTER)
ROLL CALL
Aye: Council Member: Allevato, Uso, Hribar and Mayor Soto
No: Council Member: Mayor pro tem Nielsen
Absent: Council Member: None
2. ORDINANCE NO. 943 ADOPTED: ORDINANCE REESTABLISHING THE
PLANNED RESIDENTIAL DEVELOPMENT (PRD) ZONE DISTRICT (CA 2008-
001) (420.30)
Meg Monahan, City Clerk, read the title of the Ordinance.
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Council Action: Moved by Council Member Uso, seconded by Council
Member Allevato, and carried unanimously to adopt Ordinance No. 943 entitled,
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A CATEGORICAL EXEMPTION AND AMENDING TITLE 9, LAND
USE CODE REESTABLISHING THE PLANNED RESIDENTIAL
DEVELOPMENT (PRD) ZONE DISTRICT."
COUNCILMANIC ITEMS:
JENNIFER FRIESS APPOINTED AS ADULT ADVISOR TO THE YOUTH
ADVISORY BOARD (110.20)
Meg Monahan, City Cleric, provided a summary of the agenda report.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried unanimously to appoint Jennifer Friess to the Youth
Advisory Board as an Adult Advisor, term ending August 31, 2009.
2. UPDATE ON SENATE BILL 375, WHICH ENCOMPASSES CHANGE IN LAND
USE, HOUSING, AND ENVIRONMENTAL LAW (660.40)
Cynthia L. Russell, Assistant City Manager, provided a summary and update on
Senate Bill 375 and Steven Apple, Community Development Director, responded
to questions.
Council Discussion:
• Loss of local control over zoning and development
• Potential impact to the City's downtown and surrounding areas
• Unfair impact on small communities with train stations to carry regional
goals for increased density
• Need to get current Housing Element adopted
• Encourage cleanup legislation
• Work with closely with OCTA in sub -regional planning process
Council Action: No action taken.
3. STAFF DIRECTED TO PREPARE AN URGENCY ORDINANCE PROVIDING
FOR A TEMPORARY MORATORIUM PERTAINING TO RESTRICTIONS
RELATED TO BANNERS, TENTS, AND OTHER SALES TOOLS FOR
COUNCIL CONSIDERATION. (Council consensus)
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ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 11:12 p.m. to
Tuesday, October 21, 2005 at 5:30 p.m. for Closed Session, and 6:30 p.m. for the
public Business Session in the City Council Chamber.
Respectfully subm
ET R. MONAHAN, CITY CLERK
October 21, 2008
0
JOE SO 0, MAYOR
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