07-0403_CC_Minutes_Regular Meeting4-3-2007 1
MINUTES
APRIL 3, 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 5:30 p.m. in the City Council Chamber. Mayor Allevato dedicated
the City Council meeting to the late Walter O. Porter, long time City resident, who was a
founder of the Fiesta de las Golondrinas in 1960 which later became the Fiesta
Association. He was a volunteer firefighter for Fire Station #7 including serving as Fire
Captain/Assistant Fire Chief.
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; Lois Boback, Deputy City Attorney
Meg Monahan, City Clerk.
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. (Council Member Soto Abstaining)
2. Pursuant to Government Code section 54956.8, the City Council conferred with
its real property negotiator (City Manager) regarding the price and terms of
exchange of real property easements with respect to Assessor’s Parcel # 666-
301-11, a vacant one acre parcel adjoining Valle Road. The property owner’s
representative is Ronald Steinback.
Mayor Allevato invited the public to provide comment. There was no public comment
and the meeting was moved to Closed Session chambers.
RECESS UNTIL 7:00 P.M.
4-3-2007 2
BUSINESS SESSION
Mayor Allevato reconvened the Regular Meeting of the City Council of the City of San
Juan Capistrano to order at 7:01 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; William M. Huber, Assistant City
Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell,
Administrative Services Director; John Elwell, Interim Public Works Director; Steve
Apple, Planning Director; Karen Crocker, Community Services Director; Lt. Mike
Betzler, Chief of Police Services; Douglas Dumhart, Economic Development Manager;
Sam Shoucair, Douglas Dumhart, Economic Development Manager; and Eileen White,
Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Uso reported participation in the Youth in Business Day and was
shadowed by two high school students.
Council Member Nielsen congratulated staff and the Fiesta Association on a successful
Swallows Day; and reported attendance at an Open Space subcommittee meeting; a
Transportation Corridor Association orientation; reception for the new Capistrano
Unified School District superintendent; and meetings concerning recreational uses for
open space. He announced creation of a City of Mission Viejo traffic ad-hoc committee
to study alternative traffic diversion and east/west routes to the I-5.
Council Member Hribar reported serving as “Principal for the Day” at Marco Forster
School; remarked on 62% student population from Dana Point; and speaking with Dana
Point Council Members about the possibility of cost sharing for artificial turf at the
school. He reported attending the memorial service for Walter O. Porter and a recent
South Orange County Wastewater Authority meeting.
Council Member Soto reported attending an Associated Seniors Action Program and
complimented them for their contributions to the Swallows Day Parade; attending the
Sheriff Department’s Metal of Valor luncheon; meeting with the General Manager of the
Metropolitan Water District of Orange County; participating in the Youth in Business
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Day; attending a Ribbon Cutting for the Islander Shop; and attending a leadership
conference welcoming CREER volunteers.
Mayor Allevato reported attending the Orange County Transportation Authority Major
Investment Study meeting where staff was directed to study all four alternatives
including traffic modeling; attended the Sheriff Department’s Metal of Valor luncheon;
congratulated staff on the success of the Swallows Day Parade; attended a
Metropolitan Water District of Orange County meeting; congratulated City residents on
their recent water conservation efforts; and announced Mayoral Appointment of Council
Members Nielsen and Uso to the City’s ad-hoc committee to study traffic diversion.
NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Council Member Nielsen announced the next meeting of the Open Space Committee
was scheduled for 7 p.m. Monday, April 16, 2007, in the City Council Chamber.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: Rotary Club sponsored annual “Eggstravaganza;” annual
Spring Fling Dinner Dance; Earth Day Celebration activities; and Chamber of
Commerce annual San Juan Capistrano City Cup Charity Golf Tournament.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. JOHN BREWSTER RECOGNIZED FOR DONATED PAINTING. (610.40)
Karen Crocker, Community Services Director, recognized Mr. John Brewster for
his donation of a painting to the Community Center; and Mayor Allevato
presented him with a plaque of appreciation for his generosity.
2. MONTH OF APRIL 2007 DEDICATED AS DEPARTMENT OF MOTOR
VEHICLES/DONATE LIFE CALIFORNIA MONTH. (610.40)
William M. Huber, Assistant City Manager, introduced designating April 2007 as
Department of Motor Vehicles/Donate Life California Month; and Mayor Allevato
presented representatives with a proclamation.
3. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Soto introduced the following individuals in attendance: Battalion
Chief Ron Roberts of Orange County Fire Authority; Gene Ratcliffe and Robert
Cardoza, Planning Commission; Erin Kutnick, Transportation Commission; and
Laura Freese, Housing Advisory Committee.
4-3-2007 4
ORAL COMMUNICATIONS
Jim Vance, City resident, felt there was a lack of facts for the owner of the Capistrano
Mobile Home Park to proceed with park closure and requested information concerning
monitoring of the hillside.
Lisa Wilhelm, City resident, invited the Council to attend a Spring Diversity Festival at
San Juan Elementary School.
Angela Duzich, City resident, requested that staff stop residents from trimming a City-
owned pepper tree in her neighborhood; and requested the tree be designated as a
heritage tree. Mayor Allevato requested staff contact her regarding the tree status.
CONSENT CALENDAR
Council Action: Moved by Council Member Hribar, seconded by Council Member
Nielsen, and carried unanimously, 5-0, to approve items 1, 3 through 6, and 8 through
10 as recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE ADJOURNED REGULAR MEETING OF FEBRUARY 28,
2007, APPROVED AS AMENDED.
This item was removed from the Consent Calendar by Council Member Hribar for
revision.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Nielsen and carried unanimously, 5-0, to approve the minutes of the
adjourned regular meeting of February 29, 2007, with the following revision:
Page 6, Council & Commission Action revised to read “…future annual increases
of 3.5% for 4 years.”
3. MINUTES OF THE REGULAR MEETING OF MARCH 6, 2007, APPROVED AS
SUBMITTED.
4. ACCOUNTS PAYABLE WARRANTS DATED MARCH 15, 2007, IN THE TOTAL
AMOUNT OF $1,147,452.91; AND PAYROLL WARRANTS DATED MARCH 9,
2007, IN THE TOTAL AMOUNT OF $275,862.70, RECEIVED AND FILED.
(600.30)
5. NEW DEVELOPMENT APPLICATIONS STATUS REPORT – MONTH ENDING
MARCH 15, 2007, RECEIVED AND FILED. (440.10)
6. CASH BALANCES BY FUND – FEBRUARY 28, 2007, RECEIVED AND FILED.
(330.50)
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7. LICENSE AGREEMENT BETWEEN THE CITY AND CREER – COMUNIDAD Y
FAMILIA FOR USE OF STONEFIELD COMMUNITY BUILDING APPROVED
WITH REVISION. (600.30)
This item was removed from the Consent Calendar to revise the Agreement,
allow for public comment, and allow Mayor pro tem Soto to abstain due his
volunteer position on the Board of Directors.
Public Comment:
Adela Coronado-Greeley, City resident and founder of CREER, thanked Council
for considering use of the facilities by CREER as the organization needs a home
base.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Uso and carried 4-0-1, with Mayor pro tem Soto abstaining, to approve
the License agreement between the City of San Juan Capistrano and CREER –
Comunidad y Familia, as revised (Section 11(d), 4th line, “facility” revised to
“facilities”; and Section 12-A.-6. revised to read “…information on total revenue
and expenditures…”
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Nielsen, Uso, Mayor Allevato
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Soto
8. ONE-YEAR LICENSE AGREEMENT WITH THE CHAMBER OF COMMERCE
FOR THE USE OF YORBA STREET TO CONDUCT A FARMERS’ MARKET
FROM APRIL 3, 2007 THROUGH APRIL 3, 2008, APPROVED. (600.30)
9. REPORT OF INVESTMENTS, MONTH ENDING FEBRUARY 28, 2007,
RECEIVED AND FILED. (350.30)
10. PERSONAL SERVICES AGREEMENT WITH OVERLAND PACIFIC & CUTLER,
INC. FOR PREPARATION OF THE MOBILEHOME PARK RELOCATION
IMPACT REPORT FOR THE CLOSURE OF CAPISTRANO TERRACE
MOBILEHOME PARK, IN AN AMOUNT NOT TO EXCEED $78,500 AND
AUTHORIZED FEE SCHEDULE, APPROVED. (600.30)
4-3-2007 6
PUBLIC HEARINGS
1. CONSIDERATION OF ACCEPTANCE OF REVISED “IRREVOCABLE OFFER
TO CONVEY EASEMENT” FOR STREET AND HIGHWAY PURPOSES FOR
CALLE ROLANDO CONTINUED TO MAY 1, 2007. (670.50)
Description: On September 19, 2006, Council accepted an Irrevocable Offer to
Convey Easement for Calle Rolando in conjunction with the project approvals for
Habitat for Humanity of Orange County. In preparing the final street improvement
plans, an error was discovered which shifted the Calle Rolando right of way.
Before construction of the street improvements may proceed, it is necessary to
rescind the previously adopted Resolution and accept the corrected right-of-way.
Staff recommended Council continue this item to May 1, 2007.
Written Communications: Report dated April 3, 2007, by Lynnette Lehmann,
Management Analyst II.
Presentation: Steve Apple, Planning Director, summarized the staff report.
Mayor Allevato opened the public hearing.
Council Action: Moved by Council Member Uso, seconded by Council
Member Nielsen, and carried unanimously, 5-0, to continue Consideration of
Acceptance of Revised “Irrevocable Offer To Convey Easement” for Street and
Highway Purposes for Calle Rolando to the May 1, 2007, meeting.
RECESS AND RECONVENE
Council recessed at 7:49 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:50 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. STAFF DIRECTED CONCERNING SDG&E TROUBLESMAN’S COTTAGE
DISPOSITION (670.70)
Description: On August 2, 2005, the City Council accepted John Collins’ offer to
move the SDG&E cottage to his property on La Calera Street and restore the
building. On December 12, 2006, the Planning Commission denied Mr. Collins’
request for entitlements he felt were necessary to relocate the cottage onto his
property, and his son subsequently called the City to rescind the offer. Staff
requested Council consider options regarding the disposition of the cottage and
provide direction.
4-3-2007 7
Written Communications: Report dated April 3, 2006, by Douglas Dumhart,
Economic Development Manager.
Presentation: Douglas Dumhart, Economic Development Manager, reviewed the
staff recommendation.
Public Comment:
Iraj Douraghi, City resident, expressed his interest in owning, renovating and
relocating the cottage to his property.
Bill Hardy, City resident, supported Mr. Douraghi’s offer.
Dave Davidson, City resident, supported Mr. Douraghi’s offer because of his
interest and experience in restoration.
Monica Mukai, City resident, noted that certain portions of the subject property
may not be located in the National Register district. She supported Mr.
Douraghi’s offer.
Council Discussion:
Council Members established from staff that property owners in the historic
district, as well as the Historical Society, were notified of tonight’s proceeding;
and relocation of the cottage into the historic district may require modifications to
the Los Rios Precise Plan, which will require approvals from the appropriate
boards, committees, and commissions.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried unanimously, 5-0, to direct staff to negotiate an
agreement with Mr. Douraghi to include that the cottage be moved expeditiously
onto his property and stored there pending the approval process; Mr. Douraghi to
assume all future costs of moving the cottage and monthly pylon fees; the City to
assume costs related to approval application and processing fees; and Mr.
Douraghi responsible for removal or disposal of the structure if the necessary
approvals cannot be obtained. The agreement is to come back to the City
Council for final direction and approval.
G2. CITY CLERK
a. STAFF DIRECTED CONCERNING ALTERNATIVES FOR EXPANDED PUBLIC
NOTIFICATION OF SIGNIFICANT PROJECTS. (150.10)
Description: On January 2, 2007, Council requested staff to study and make
recommendations concerning expanded public notification of significant projects.
Staff’s research yielded opportunities such as website-based opportunities,
4-3-2007 8
public meeting outreach, City-wide mailings, expanded local news coverage,
expanded project noticing to a 1,000 square foot radius, and project site signage.
Staff recommended Council consider the alternatives for expanded notification to
the public regarding significant projects within the City; and provide direction to
staff to develop preferred alternatives and return to Council for legislative
approval if necessary.
Written Communications: Report dated April 3, 2007, by Meg Monahan, City
Clerk.
Presentation: Meg Monahan, City Clerk, summarized the staff report.
Public Comment:
Bob King, City resident, felt that 1000 foot project radius noticing should be the
minimum considered.
Trevor Dale, City resident, encouraged Council to improve communication as it
will increase resident involvement.
Council Comment:
Council concurred the City’s new newsletter would increase public notification of
projects; wanted to err on the side of over-notification to ensure resident
awareness; pass on additional mailing costs to developers; make use of
homeowners associations’ newsletters and/or notification processes; increase
public notification to 1000 foot project radius for significant projects; require
applicants to post signage at project sites; and provide City-wide noticing of
projects that impact all residents.
Council Action: No action required. Staff directed to develop public
notification options to include 1) increasing project notification to 1000 foot
project radius, including notification to all homeowner association members; 2)
requirement for applicants to post informational signs on project sites; and 3)
Citywide noticing of projects that impact all residents.
G3. PLANNING DIRECTOR
a. RESOLUTION NO. 07-04-03-01 ADOPTED DENYING THE APPEAL OF LAND
USE DETERMINATION FOR A PROPOSED DAY SPA/NAIL SALON WITHIN
THE ORTEGA RANCH BUSINESS CENTER. (VOIT COMMERCIAL
BROKERAGE) (410.60)
Description: In December 2006 the leasing agent for the Ortega Ranch
Business Center Office Complex referred a potential lessee to the Planning
4-3-2007 9
Department for approval of a business license for a proposed day spa/nail salon
in the Ortega Ranch Business Park at the corner of Rancho Viejo Road and
Avenida Los Cerritos. The Comprehensive Development Plan (CDP) for the site
(CDP 05-01) defines “support retail” as businesses intended to primarily serve
the business owners, employees, and clientele of businesses located within the
business park. Due to the project’s large scale and parking demand, the Planning
Director determined that the use and scale as proposed by the applicant is not
consistent with the provisions within CDP 05-01 relative to approved “support
retail” uses within the business park. On February 13, 2007, the Planning
Commission heard the applicant’s appeal and agreed with the Planning
Director’s determination. The applicant filed an appeal of the Planning
Commission’s decision. Staff recommended Council approve the resolution
denying the appeal and upholding staff and Planning Commission determination
that a Day Spa/Nail Salon is not a support retail use as defined by the CDP for
Ortega Ranch Business Park.
Written Communications: Report dated April 3, 2007, by Steve Apple, Planning
Director.
Presentations: William Cunningham, Contract Planner, summarized the staff
report.
Public Comment:
David Travis, Voit Commercial Brokerage, San Juan Capistrano, representing
Lovely Nails Salon owners Helen Nguyen and Peter Huynh, felt the application
was a retail support service and supported by current tenants. He stated the
business would not negatively impact site parking because employees would
carpool; and the proposed use would be busiest late in the day and during
weekend hours when plenty of parking would be available.
Council Comment:
Council Member Hribar felt the use should be allowed because the majority of
the business would be generated in the evenings and weekends when parking
would not be an issue; the use would not generate spillover parking as the site is
not located near residential uses; and it is the developer’s prerogative if he
chooses to dedicate this amount of parking spaces to this particular use, and up
to him to adjust the tenant mix if needed after all the parking spaces have been
allocated.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Nielsen, and carried 4-1-0, with Council Member Hribar against, to
adopt Resolution No. 07-04-03-01, entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING
A DETERMINATION OF USE FOR THE ORTEGA RANCH BUSINESS PARK
4-3-2007 10
(VOIT COMMERCIAL BROKERAGE) (CENTRA REALTY CORP.) (APN
NUMBERS 650-142-04 AND 650-151-11 & 22).”
ROLL CALL
AYES: COUNCIL MEMBERS: Nielsen, Soto, Uso, Mayor Allevato
NOES: COUNCIL MEMBERS: Hribar
ABSTAIN: COUNCIL MEMBERS: None
b. RESOLUTION NO. 07-04-03-02 ADOPTED WITH REVISIONS, REVERSING
THE PLANNING COMMISSION ACTION AND DENYING AMENDMENTS TO
COMPREHENSIVE DEVELOPMENT PLAN (CDP) 90-2 AND ARCHITECTURAL
CONTROL (AC) 03-09 FOR A SIGN PROGRAM FOR THE MAMMOTH
PROFESSIONAL BUILDINGS. (APN 650-011-32) (MAMMOTH EQUITIES)
(CONTINUED FROM MARCH 20, 2007)(410.60)
Mayor pro tem Soto recused himself from considering this item due to the
project’s close proximity to his home. He left chambers.
Description: At its December 19, 2006, meeting, the City Council took action to
reverse the Planning Commission action and deny the Mammoth Professional
Building’s Comprehensive Development Plan (CDP) amendment and sign
program without prejudice; and directed staff to return to Council with a resolution
reflecting the Council’s action. Staff recommended Council adopt the resolution
denying (1) an Amendment to the Comprehensive Development Plan to allow
Sign Programs for Projects in the CDP Area; (2) a Sign Program for the Project;
and (3) Two Free-Standing Monument Signs.
Written Communications: Report dated April 3, 2007, by Steve Apple, Planning
Director.
Presentation: Steve Apple, Planning Director, reviewed the staff
recommendation.
Public Comments:
Andrew Gilford, Weston Genshoff Richefor Rubalcava, MacCuish, LLP, 333
South Hope Street, Los Angeles, CA 90071, representing the applicant,
requested the Council deny the appeal as the findings in resolution are not
supportable; the Planning Commission found the sign program consistent with
the project’s Conditional Use Permit; and Council has no basis to reject the
Planning Commission determination.
4-3-2007 11
Bob King, City resident, representing Save our San Juan and surrounding
neighborhood associations, felt Mr. Gilford’s comments were out of order, as the
hearing has been completed and closed. He did not receive notice of the
meeting or a staff report. He opposed the resolution because it contained
inaccuracies and suggested a revision to the wording related to excessive
advertising.
Kent Ollery, Mammoth Equities, project manager, said the resolution is not
accurate because it does not indicate that the Council supported the project
monument signs in the public hearing.
Council Comments:
Council Members advised the original application was denied without prejudice,
allowing the applicant to resubmit new designs without having to pay the
processing fees, but only if current building signage is reconsidered. They
encouraged the applicants to meet with affected residents to develop a sign
program that meets the needs of the community and submit acceptable designs
for the monument signs for future consideration.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried 4-0-1, with Mayor pro tem Soto abstaining, to adopt
Resolution No. 07-04-03-02, entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, UPHOLDING THE
APPEAL AND REVERSING PLANNING COMMISSION APPROVALS OF: (1)
AN AMENDMENT TO COMPREHENSIVE DEVELOPMENT PLAN CDP 90-2 TO
ALLOW SIGN PROGRAMS FOR PROJECTS IN THE CDP AREA, (2) A SIGN
PROGRAM FOR THE MAMMOTH PROFESSIONAL BUILDINGS ON RANCHO
VIEJO ROAD AND (3) TWO FREESTANDING MONUMENT SIGNS FOR THE
MAMMOTH PROJECT (APN 650-011-32),” with Section 1-8. revised to read
“….proposed sign program allowed excessive sign advertising such that it was
incompatible with the surrounding area, was excessive in size and scope, and it
would have an adverse impact….”
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Nielsen, Uso, Mayor Allevato
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Soto
Following the vote, Mayor pro tem Soto returned to chambers.
4-3-2007 12
ORDINANCES - None
COUNCILMANIC ITEMS
1. VACANCY DECLARED ON THE TRANSPORTATION COMMISSION. (110.40)
Description: On February 20, 2007, the City Clerk received a letter of
resignation from Tony Soto, Transportation Commissioner. Staff recommended
the City Council declare the unscheduled vacancy and direct the City Clerk to
solicit applications to fill the position.
Written Communications: Report dated April 3, 2007, by Meg Monahan, City
Clerk.
Presentation: Meg Monahan, City Clerk, summarized the staff report.
Council Discussion:
Council Members discussed an appointment process alternative whereby each
Council Member would appoint one commissioner with full council vote for
removal of the commissioner; or maintaining the current appointment process.
Council concurred to direct staff to research alternatives and return to Council for
consideration. Dave Adams, City Manager, suggested Council continue with the
current process until staff could allocate time for this work, as it is not on the
Council priority list.
Council Action: Moved by Council Member Uso, seconded by Council
Member Hribar and carried unanimously, 5-0, to declare a vacancy on the
Transportation Commission; and direct the City Clerk to solicit applications to fill
the vacancy.
Oral Communications – Continued from Beginning of Meeting:
Trevor Dale, City resident, requested Council consider investigating the political
activities of commissioners in the November 2006 City Council election, as he felt
it was inappropriate.
Jonathan Volzke, Laguna Niguel resident, suggested the Council conduct
interviews of applicants, deliberation, and appointment of commissioners at a
public meeting.
4-3-2007 13
ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting at 10:38 p.m. to
Tuesday, April 17, 2007, at 5:30 p.m. for Closed Session, and 7:00 p.m. for the Public
Business Session, in the City Council Chamber.
Respectfully submitted,
__________________________________
MARGARET R. MONAHAN, MMC -- CITY CLERK
Approved: May 1, 2007
ATTEST:
________________________________
SAM ALLEVATO, MAYOR