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10-0812_CC_Minutes_Adjourned Regular MeetingMINUTES August 12, 2010 SAN JUAN CAPISTRANO CITY COUNCIL ADJOURNED REGULAR MEETING Mayor Uso called the Adjourned Regular Meeting of the San Juan Capistrano City Council to order at 5:05 p.m. in the City Council Chamber. Council Member Hribar led the Pledge of Allegiance ROLL CALL COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen, Mayor pro tem Laura Freese and Mayor Dr. Londres Uso COUNCIL MEMBERS ABSENT: None Council Member Allevato asked that the City Council dedicate the upcoming meeting of August 17, 2010, to the late Sergeant Jose L. Saenz III, who was killed in combat in Afghanistan. He was assigned to the 1St Marine Division, 1St Battalion, 11th Marine at Camp Pendleton. The 1/11 is the adopted unit of the City. ORAL COMMUNICATIONS: • Erin Kutnick, City resident, presented to the Council and the audience the pavers that would be for sale for the City's 50th Year Anniversary. PUBLIC HEARING: C1. GENERAL PLAN AMENDMENT (GPA) 07-01, REZONE (RZ) 07-01, TENTATIVE TRACT MAP (TTM) 17280, ARCHITECTURAL CONTROL (AC) 07-14, GRADING PLAN MODIFICATION (GPM) 07-01; AND DEVELOPMENT AGREEMENT FOR DISTRITO LA NOVIA-SAN JUAN MEADOWS, CONTINUED TO OCTOBER 6, 2010 AT 5:00 P.M. (460.20/440.20/420.40) Public Correspondence: The following individuals submitted written correspondence in support of the project:.Carole Matson, City resident; Sara Shelton, City resident; Ginger Modiri, City resident; Elliott Levenson, City resident; Christine Kirkland, City resident; Erin Kutnick, City resident; Ginny Kerr, City resident; Public Correspondence: The following individuals submitted written correspondence in opposition to the project: Karl B. Andrews, City resident; Harold and Eva Haight, City resident; Cathleen Garite, City resident; Marly Peel, City resident; Jim Elder, City resident; Mitchel J. Wise, City resident; Paul A. Brennan, Esq., City resident; Nelloise Blue, City resident; Phyllis Detmer, City resident; James Bevill, City resident; David Siu, City resident; Sherrie L. Summers, City resident; Rudi Gern, City resident; Bonnie Ryan, City resident; Willard P. Webster, City resident; Dan Dague, City resident; Roy Ackermann, City resident; Richard Van Valkenburg, City resident; Sandra Crowder, City resident; Robert Cushman, City resident; Barbara Ferguson, City resident; Robert and Marguerite Nietzel, City residents; 8-12-2010 Tom Moulton, City resident; Gordon Stefenhagen, City resident; Ed and Edie Ryan, City residents; Mark and Evelyn Logan, City residents; Alison Bly Stein, City resident; Richard Stein, City resident; Richard and Janette Toma, City residents; Pat Kondan-Davis, City resident; Nancy Knittle, City resident; Duaine Discher, City resident; Terry L. Davis, City resident; Richard S. Loverde, City resident; Sydne Hunter, City resident; Gerald Ehle, City resident; P. Herman, City resident; Ronald and Joan Malanosky, City residents; Marsha Norman, City resident; Sally Garibaldi Rather, City resident; Judith Clemens, City resident; Henry Rodriguez, City resident; Jack Stavana, City resident; Mary Ellen Gregory, City resident; Harold Nickelsberg, City resident; Lynn and Reinhard Metzger, City residents; Janet Holtz, City resident; Cecelia Luna, City resident; Jeff Eginton, City resident; John Slumpff, City resident; Scott Clark, City resident; Gary Plumley, City resident; John and Yvonne Morrison, City resident; Hans and Joyce Meyer, City residents; Walter and Sandra Moeller, City resident; William Falls, City resident; Louise Labushevicz, City resident; Betty Hill, City resident; Michael Johnsen, City resident; Margaret A. Mahoney, City resident; Judy Jemmings, City resident; Nancy Bevill, City resident; Gene Gerdes and Lisa Bowles, City residents; William Salina, City resident; Edna L. Sanchez, City resident; Donald Titus, City resident; Phiroze S. and Marilyn F. DeVitre, City residents; Dean A. and Marjorie E. Porter, City residents; Barbara Blair, City resident; Sally Masters, City resident; Don and Kathie Smedley, City residents; A. Diane Askew, City resident; Roxwell and Judith Hafdahl, City resident; L Crowda, City resident; June Smith, City resident; Shirley and Paul Snyder, City resident; Bob Scott, City resident; Roberta Felix, City resident; Charles L. Dow, City resident; Arthur and Peggy Jones, City residents; Don. Anzalone, City resident; Mrs. Don Doll, City resident; Robert Korb, City resident; Jim and Judi Halverson, City residents; Helen P. Noon, City resident; John `Jack' and Carol Chestek, City resident; Yvonne Tschaikowsky, City resident; Winifred Cummings, City resident; Donna Orr, City resident; Jess Lopez, City resident; Darren Straka, City resident; David Weaver and Nannette Yount, City residents; Sharon Ilg, City resident; Allan Fleisher, City resident; Jo Anne and Paul King, City residents; Peter Wyl, City resident; Maria Kasusuky Salazar; City resident; Carol Caddes, City resident; Nancy Sharp, City resident; Terry Blair, City resident; Richard and Sandra Smith, City residents; Ronald G. Feezor, City resident; Marianna Condon, City resident; Linda Haimes, City resident; Donald H. Haimes, City resident; Jane and Bill Tower, City resident; Daisy Blanchard, City resident; Linda Bell, City resident; Michelle Fiore, City resident; Sharon Dunn, City resident; Marjorie Dysinger-Berry, City resident; Marie J. Doss, City resident; JoAnn DeYonker, City resident; Ernest E. and Stella Mc Callick, City residents. William A. Ramsey, Principal Planner, provided a PowerPoint presentation and responded to questions. Rich Barretto, Linscott Law & Greenspan, presented a simulation Traffic Analysis, and responded to questions. y 8-12-2010 Presentation of the proposed development by members of the development team who contributed a power point presentation with the project background overview, and traffic mitigations; and responded to questions from the City Council: • Rick Julian, Advanced Group 99 -SJ • Robb Cerruti, Advanced Real Estate Services • Paul Fulbright, Architect • Marion Suket, Suket Construction • Doug Staley, Hunsaker & Associates • James Kawamura, KHR Associates Mayor Uso opened the public hearing and invited testimony. Public Testimony: The following individuals spoke in support of the project: Richard Hill Adams, City resident; Terry F. Parker, City resident; Erin Kutnick, City resident; Father Joseph Smith, City resident; Monique Ren, City resident; John Sherritt, Carlsbad resident, Julie Ryan Johnson, City resident; Debi Kellerman, City resident; Travis Dunn, City resident The following individuals submitted a "Request to Speak" cards in support of the project: Annette Stark, City resident; Duane Soper, City resident; Kathy Holman, City resident; Ginny Kerr, City resident; Marilyn Mansfield, City resident; Allan Collard, City resident; Charlotte Cerruti, City resident; Jodi Cerruti, City resident; Michelle Sukut, City resident The following individuals spoke in opposition to the project: Derek Reeve, City resident; Matthew O'Malley, City resident; Esther Walker, City resident; Ira Rosenbaum, City resident; Sally Garibaldi Rather, City resident; David Shouse, City resident; Rob Clyde, City resident Lynn Williams, City Resident (submitted a signed petition); Trevor Dale, City resident; Yvonne Tschaikowsky, City resident (submitted a handout); John Perry, City resident; Maryann Pette, City resident; Hilary Schneider, City resident; Michael Rosenberger, City resident; Ken Williams, .City resident; Jim Reardon, City resident; Josh Singer, City resident; Jess Lopez, City resident; Sally Garibaldi Rather, City resident; Mike Johnson, City resident; Clint Worthington, City resident; The following individuals submitted a "Request to Speak" cards in opposition to the project: William Detmer, City resident; Richard Fentiman, City resident; Ray Haney, City resident; Francisco Cabrera, City resident; Jean E. Parman, City resident; Martina Gregory, City resident; Frank. Uddo, City resident; Vivian Hollas, City resident; Faith Hope Bigler, City resident; S. Pentoney, City resident; Marjorie Pentoney, City resident; Karen Penkova, City resident; Donald S. Fowler, City resident; Phyllis Detmer, City resident; Karen Fowler, City resident; Barbara Jay, City resident; Ruth E. Willett, City resident; Susan Arones, City resident; Jim Halverson, City resident; Patricia Spiess, City resident; Caralyn Schneider, City resident; Vick Johnson, City resident. 3 8-12-2010 Council Comments: • Project already approved for a high density residential project, the only difference is adding the stables; City has not received complaints regarding current City stables that are adjacent to residential areas; felt that the stable mitigation program is thoughtful; landfill impacts and mitigation is routine across the State; current approved project would create greater traffic impacts compared to the new proposed project; Community Redevelopment Agency funds are intended for blight removal, and not to assist developers; preference in not accepting dedication of open space on the landfill. • Stated that water shortage should not be used as an excuse not to develop; preference in the project having four (4) separate parcels, with possible reduction in the condominiums; traffic should be the last reason not to approve the project, the proposed project would create less impact than the previous approved project; did not have an issue with the landfill; preference in not accepting dedication of Open Space; Homeowners Association should take care of the maintenance; preference in having a reduction in horses to 400-500; and proposed project needs to show a 5% - 7% reduction in traffic. • Preference in reducing the number of horses, and have a phase-in plan; felt that traffic can be mitigated; preference in not widening Valle Road to 94ft. which forces project to have a large retaining wall, if project requires a retaining wall, it should be 12ft., or preference in not having a retaining wall at all; project density can be reduced, which will reduce traffic; office space can be reduced and. preference in leaving the office area open for other uses, like a Boutique Hotel; preference in not reducing the retail area; comfortable with landfill mitigations; State and Local Agencies will monitor the project in regard to water quality, air quality, flies, manure, etc.; misinformation is hurting the project; General Plan needs to be flexible; traffic needs to be mitigated properly; and need to protect the mobilehome park residents. • Not the best decision to have only residential development on the Meadows property, it costs the City more in the long term to provide services and infrastructure; the alternative to leave the landfill alone is not viable or realistic, the property owner is entitled to develop the already approved 440 homes, the alternative proposed is less disruptive on the Meadows side; the Distrito La Novia component can provide needed revenue to -the City, as 9.1 acres falls in the Redevelopment Agency boundary which would provide 60% of the property tax; traffic impact needs to be less than the previous project; applicant might want to consider meeting with concerned citizens to help adjust the project in order to mitigate issues brought up; need to reduce the number of horses, and look into properly mitigating the impacts; and need to reduce the retaining wall and width of Valle Road. • Preference in phasing the equestrian, and limiting the number of horses .to around 500; preference in not reducing retail; office space and condominiums can be reduced; and expressed importance in looking into the future financial stability of the City. • Consensus to continue the public hearing to a stand-alone meeting on October 6, 2010, at 5:00 P.M. 4 8-12-2010 Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried unanimously to continue the public hearing to October 6, 2010, at 5:00 p.m. ADJOURNMENT Mayor Uso adjourned the City Council meeting at 10:36 p.m. to Tuesday, August 17, 2010 at 5:30 p.m. for Closed Session; and then 6:30 p.m. for the public Business Session, in the City Council Chamber. t- bmitted, /0 10 DR. LONDR�• USO, MAYOR 5 8-12-2010