07-0515_CC_Minutes_Regular Meeting5-15-2007 1
MINUTES
MAY 15, 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.
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: William M. Huber, Assistant City Manager; 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 54957.6, the City Council conferred with
its labor negotiator (City Manager) as to salary schedules and terms of
employment. The affected bargaining units are San Juan Capistrano Classified
Employees Association and San Juan Management and Professional
Employee’s Association.
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.
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. Mayor
Allevato dedicated the City Council meeting and extended condolences to the Coble
family of Ladera Ranch, who suffered the loss of their three young children in an
automobile accident in Mission Viejo on the I-5 Freeway on May 4, 2007.
5-15-2007 2
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; Nasser Abbaszadeh, Engineering & Building Director;
Steve Apple, Planning Director; Karen Crocker, Community Services Director; Lt. Mike
Betzler, Chief of Police Services; Douglas Dumhart, Economic Development Manager;
Eric Bauman, Water Engineering Manager; Lynnette Lehmann, Management Analyst II;
Larry Lawrence, Consulting Case Planner; and Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Uso reported meeting with staff concerning the Laguna Niguel
ridgeline development near Peppertree Bend.
Council Member Nielsen reported attending the historic structures tour, thanking staff
for the event and the Steven Rios family for opening their home; meeting with
developers concerning the Meadows and Ventanas project; and attending the AeA High
Tech Innovation Award where City resident, Michael J. Hajeck, CEO of Silicone
Systems, earned a top award.
Council Member Hribar reported attending a South Orange County Wastewater
Authority meeting; a presentation by Steve Rios concerning the City’s Agrarian Roots;
an Open Space meeting; and funeral services for Michael C. Beattie, former City
resident and long time coach for the City’s youth sports teams.
Mayor pro tem Soto reported attending an Integrated Waste Management Commission
meeting where an Environmental Impact Report was approved for the Prima Deschecha
Landfill; an Orange County Public Library meeting culminating in approval of the $40
million annual budget; an Orange County League of California Cities meeting; and the
Council budget workshop, thanking Cindy Russell and staff for their hard work.
Mayor Allevato reported the unveiling and dedication of the Historic Plaque for the
Swanner House; attending a Congdon House reception hosted by George Kirby;
meeting with Julie Olsen and Holley Veale of the Orange County Health Department;
and meeting with staff concerning the O’Hill development in Laguna Niguel. He thanked
staff for starting the trail marker program and provided an update of an Armed Services
Defense Bill, by Congresswoman Davis, that could impact completion of the 241 toll
road.
5-15-2007 3
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen reported unanimous approval by the Open Space Committee
to forward a recommendation to the City Council to move forward with a ballot initiative
that would establish voter approval requirements for Open Space General Plan
designation changes.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, reported upcoming communitywide
events including a Sunday Symphony Series and a Historical Society mixer.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. MAY 26 THROUGH JUNE 26, 2007 DESIGNATED AS JOURNEYSAFE
AWARENESS MONTH. (610.40)
William M. Huber, Assistant City Manager, introduced JourneySafe Awareness
Month; Mayor Allevato proclaimed May 26 through June 26 as JourneySafe
Awareness Month; and presented a proclamation to Dr. David and Donna Sabat.
2. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Soto recognized the following individuals in attendance: Charles
Lange, Transportation Commission; Joanne Marquez, Laura Freese, and Marie
Buckner, Housing Advisory Committee; Don Tryon and Jan Siegel, Cultural
Heritage Commission; Bob Cardoza, Planning Commission; Kathy Hooper, Jill
Hanna, and Gail Zukow, Parks, Recreation and Equestrian Commission; Les
Blair, Council Liaison to the San Juan Seniors; Morton Smith, former
Transportation Commissioner; and Joan Irvine Smith.
ORAL COMMUNICATIONS
Joan Irvine Smith, City resident, announced the successful Heritage Art Exhibition held
at the Oaks Ranch, raising over $200,000 for beneficiary organizations; and
encouraged South County leaders and landowners to join together to address traffic
congestion on the I-5.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Uso,
and carried unanimously, 5-0, to approve items 1, 3, 6, 7, and 10 as recommended by
staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
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2. MINUTES OF THE REGULAR MEETING OF APRIL 17, 2007, APPROVED
WITH REVISIONS.
This item was removed from the Consent Calendar by Mayor Allevato for
revisions.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar and carried unanimously, 5-0, to approve the Minutes of the
Regular Meeting of April 17, 2007, with the following revisions:
Page 2, paragraph 5, heading to read “OPEN SPACE COMMITTEE and revise
line 4 through 7 to read “…. A public vote to re-designate publicly owned General
Plan Open Space…consider requiring a public vote to re-designate privately
owned General Plan Open Space and/or Agri-Business.”
Page 13, 4th revised to read, “…red light service at Rancho Viejo Road at Ortega
Highway is installed pursued as soon as possible; and ensure …” and
Page 13, paragraph 5 revised to read, “Council Member Nielsen Mayor Allevato
supported the project because…”
3. ACCOUNTS PAYABLE WARRANTS DATED APRIL 26, 2007, IN THE TOTAL
AMOUNT OF $2,459,067.20; AND PAYROLL WARRANTS DATED APRIL 20,
2007, IN THE TOTAL AMOUNT OF $277,044.10, RECEIVED AND FILED.
(300.30)
4. PERSONAL SERVICES AGREEMENT WITH JDK CONSULTING FOR
ADMINISTRATION OF THE STATE OF CALIFORNIA HOME PROGRAM
GRANTS APPROVED. (600.30)
This item was removed from the Consent Calendar by Council Member Nielsen
to ascertain details concerning the work product expected from the consultant.
He asked staff to provide analysis exploring whether it would be more cost
effective to perform the work in-house.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to approve the Personal services
agreement with JDK Consulting for administration of the State of California
HOME Program grants, in an amount not to exceed $99,148.00.
5. WALL OF RECOGNITION HONOREES CONFIRMED. (210.10)
This item was removed from the Consent Calendar by Mayor Allevato to thank
the subcommittee members for their excellent selections.
5-15-2007 5
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro
tem Soto, and carried unanimously, 5-0, to confirm Jean Lacouague and Jan
Siegal as the 2007 Honorees for the Wall of Recognition.
6. CASH BALANCES BY FUND – MARCH 31, 2007, RECEIVED AND FILED.
(330.50)
7. CONFORMED VERSION OF ADDENDUM NO. 1 TO AMENDMENT NO. 2 OF
THE SOUTH ORANGE COUNTY WASTEWATER AUTHORITY PROJECT
COMMITTEE NO. 2 AGREEMENT APPROVED. (CIP NO 787) (600.50)
8. ADDENDUM 2 TO AMENDMENT NO. 2 WITH SOUTH ORANGE COUNTY
WASTEWATER AUTHORITY TO CONDUCT A PILOT PROJECT FOR THE
RECYCLED WATER ADVANCED WASTEWATER TREATMENT PLANT
APPROVED. (CIP NOS. 787 & 788) (600.50)
This item was removed from the Consent Calendar by Council Member Nielsen
for clarification.
Council Action: Moved by Council Member Uso, seconded by Mayor pro tem
Soto and carried unanimously, 5-0, to approve Addendum 2 to Amendment No. 2
with South Orange County Wastewater Authority to Conduct a Pilot Project for
the Recycled Water Advanced Wastewater Treatment Plant; authorize transfer of
$225,000 from CIP No. 788 to CIP No. 787; and authorize deposit of $205,000
with the South Orange County Wastewater Authority for the work.
9. RESOLUTION NO. 07-05-15-01 ADOPTED CONCERNING ASSESSMENTS
FOR LANDSCAPE MAINTENANCE DISTRICTS FOR TRACTS 9284
(SEAVIEW), 9382 (BELFORD TERRACE), 8485 (MISSION SPRINGS), 7673
(MISSION WOODS), 9373/7654 (LOS CORRALES) AND CAPISTRANO
ROYALE; AND RESOLUTION NO. 07-05-15-02 ADOPTED CONCERNING
ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR THOSE
DISTRICTS. (342.20)
This item was removed from the Consent Calendar by Council Member Nielsen
for discussion.
Description: The City has established various landscape maintenance districts
to provide maintenance services for Tracts 9284 (Seaview), 9382 (Belford
Terrace), 8485 (Mission Springs), 7673 (Mission Woods), 9373/7654 (Los
Corrales), and Capistrano Royale. The maintenance is billed directly to the City,
and then reimbursed through annual assessments. Staff recommended Council
adopt a resolution initiating proceedings to provide for annual levy and collection
of assessments for certain existing landscape maintenance districts; and adopt a
resolution declaring the City’s intention to provide for annual levy and collection
of assessments for certain landscape maintenance districts.
5-15-2007 6
Written Communications:
Report dated May 15, 2007, by Kathleen Springer, Management Analyst II.
Memorandum dated May 15, 2007, by Kathleen Springer, Management Analyst
II.
Council Discussion:
Council Member Nielsen ascertained that a study will be performed during the
next year to determine if assessments within each district cover the real cost of
providing maintenance services within the district; and reducing current service
levels within districts where service costs may be subsidized could result in
negative impacts to highly visible areas in the City. He asked staff expedite the
study to be sure each district is fully covering the cost of services provided.
Council Action: Moved by Council Member Uso, seconded by Council
Member Nielsen, and carried unanimously, 5-0, to adopt Resolution No. 07-05-
15-01, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE PREPARATION OF
PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND
REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF
THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND
CHAPTER 2.5 OF DIVISION 1 OF TITLE 5 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL
ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT;” and Resolution
No. 07-05-15-02, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS
INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS FOR CERTAIN MAINTENANCE IN EXISTING DISTRICTS,
PURSUANT TO THE PROVISIONS OF DECISION 15, PART 2 OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR
PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY AFTER
FORMATION OF A DISTRICT, AND SETTING A TIME AND PLACE FOR THE
PUBLIC HEARING THEREON;” and staff directed to take the necessary steps to
ensure each maintenance district is fully covering the cost of maintenance
services received, and where possible, reduce service levels to correspond with
assessments received.
5-15-2007 7
10. RESOLUTION NO. 07-05-15-03, ENTITLED “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPOINTING THE CITY MANAGER TO ACT AS THE CITY’S AUTHORIZED
REPRESENTATIVE FOR STATE OF CALIFORNIA DEPARTMENT OF WATER
RESOURCES REVOLVING FUND LOANS,” ADOPTED. (330.40)
Written Communications: Letter dated May 14, 2007, from Maryann Tucker,
City resident, questioning the suitability of a recycled water system.
11. CONSIDERATION OF AWARD OF CONTRACT FOR THE 2007 4TH OF JULY
CELEBRATION FIREWORKS SKY CONCERT TO BE RESCHEDULED. (PYRO
SPECTACULARS, INC.) (600.30)
This item was withdrawn by staff to be rescheduled for another meeting.
12. CONSIDERATION OF REVERSAL OF APPROVAL OF SIGN PERMITS FOR
BUILDING-MOUNTED SIGNS FOR MAMMOTH PROFESSIONAL BUILDINGS
ON APPEAL TO BE RESCHEDULED. (MAMMOTH EQUITIES) (410.60)
This item was withdrawn to be rescheduled for another meeting.
Written Communications: Letter dated May 14, 2007, from Robert P, King,
president of Save Our San Juan, suggesting revisions to the staff resolution.
PUBLIC HEARINGS
1. RESOLUTION NO. 07-05-15-04 ADOPTED APPROVING THE STATE OF
CALIFORNIA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM INCOME REUSE PLAN. (480.20)
Description: In 2004, the City received a grant award of $1 million in community
Development Block Grant (CDBG) funds and elected in January 2005, to use the
funds to help pay for construction of a Habitat for Humanity affordable ownership
project located at the terminus of Calle Rolando. In 2005, the City adopted a
Program Income Reuse Plan that established guidelines for administration and
utilization of program income from the CDBG funds, which designates 100% of
the program income to be placed into a Revolving Loan Account (RLA). Staff
proposes to modify the Program Income Reuse Plan to allow for the transfer of
up to $24,200 from the RLA to pay for unanticipated engineering costs related to
the correction of right-of-way recording on Calle Rolando, and scheduled the
public hearing to allow for citizen input on modifications to the Program Income
Reuse Plan in compliance with State Housing and Community Development
requirements. Staff recommended Council adopt the resolution approving the
State of California Community Development Block Grant (CDBG) Program
Income Reuse Plan.
5-15-2007 8
Written Communications: Report dated May 15, 2007, by Lynnette Lehmann,
Management Analyst II.
Presentation: Lynnette Lehmann, Management Analyst II, summarized the staff
report.
Mayor Allevato opened the public hearing, and there being no public testimony,
closed the public hearing.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Uso and carried unanimously, 5-0, to adopt Resolution No. 07-05-15-
04, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING A LOCAL PLAN (“PROGRAM
INCOME REUSE PLAN”) FOR THE REUSE OF PROGRAM INCOME DERIVED
FROM THE REPAYMENT OF STATE OF CALIFORNIA COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.”
2. RESOLUTION NO. 07-05-15-05 ADOPTED WITH REVISIONS APPROVING
GENERAL PLAN AMENDMENT 06-02 FOR A SENIOR CITIZEN AFFORDABLE
PROJECT. (SEASONS PHASE II) (440.25)
Description: Simpson Housing Solutions requested approval of a residential
project with 38 affordable senior apartments, consisting of 30 one-bedroom and 8
two-bedroom units, located adjacent to the existing Seasons Phase I project. The
site plan includes 35 parking spaces, a ratio of .92 spaces per unit, which is in
excess of the actual usage of 61 to 72 percent experienced by the other 55 and
over projects surveyed. The Planning Commission approved the project at its
March 27, 2007, meeting, with the provision that exterior lighting and landscape
detail plans are submitted to the Design Review Committee for follow-up review.
Staff recommended Council adopt the resolution approving the General Plan
Amendment 06-02.
Written Communications: Report dated May 15, 2007, by Larry Lawrence,
Consulting Case Planner.
Presentations:
Larry Lawrence, Consulting Case Planner, reviewed the staff recommendation.
Sarah White, Simpson Housing Solutions, 320 Golden Shore, Ste 200, Long
Beach, applicant, provided information on assigned parking system.
Tom Erickson, Simpson Housing Solutions, 320 Golden Shore, Ste 200, Long
Beach, applicant, provided information on guest parking, parking ratio, and
income restrictions. He noted Phase I does not feature an elevator but Phase II
will. He thanked Council for allowing them to maintain the age minimum of 55
5-15-2007 9
years old in Seasons I and agreed to restrict the housing in Phase II to a
minimum of 62 years old.
Mayor Allevato opened the public hearing, and there being no public testimony,
closed the public hearing.
Council Action: Moved by Council Member Uso, seconded by Council
Member Nielsen, and carried unanimously, 5-0, to adopt Resolution No. 07-05-
15-05, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT (GPA) 06-02 FOR A SENIOR APARTMENT PROJECT
(SEASONS PHASE II),” with a revised age restriction beginning at 62 years old.
RECESS AND RECONVENE
Council recessed at 8:40 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:41 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. RESOLUTION NO. 07-05-15-06 ADOPTED WITH REVISION APPROVING THE
LOCAL GOALS AND POLICIES FOR THE USE OF THE MELLO-ROOS
COMMUNITY FACILITIES ACT. (340.40)
Description: Centra Realty has requested the formation of a Community
Facilities District (CFD) to assist in the public improvements and development
fees associated with the Ventanas Business Park, prompting the City to adopt its
own Local Goals and Policies for a Community Facilities District. The Local
Goals and Policies will set forth the guidelines for evaluating requests for a CFD
and establish procedures for a District formation. Adopted Local Goals and
Policies for Community Facilities District will enable the City to have procedures
in place for responding to Centra Realty’s request and any other future petitions
for District formation. Staff recommended Council adopt by resolution the Local
Goals and Policies for a Community Facilities District.
Written Communications: Report dated May 15, 2007, by Douglas Dumhart,
Economic Development Manager.
Presentations:
Douglas Dumhart, Economic Development Manager, reviewed the staff
recommendation and the purpose of adopting Local Goals and Policies for
Community Facilities District.
5-15-2007 10
Andrea Roess, David Taussig & Associates, counsel to the City, provided a brief
power point presentation summarizing the purpose, formation process, and
municipal funding advantages of community facilities district.
Denise Herring, Straddling, Yocca, Carlson & Rauth, Counsel to the City,
discussed the types of funding mechanisms provided by Community Facilities
Districts and financial indemnity provided to the City.
Council Discussion:
Council Members ascertained that state codes define the minimum requirements
of Local Goals and Policies and staff has increased those requirements by
requiring a higher land value to secure a CFD bond and stricter appraisal
requirements; a CFD can provide funding for specific, authorized facilities and
services (open space purchase, safety services, and such), but not for the City’s
nondiscretionary working capital; and the basis for receiving funds from the CFD
depends on the type of facility or service provided. A CDF bond can provide
lump-sum payment for a capital project and an annual levy for on-going services.
Council Comments:
Council Members discussed the benefits and potential disadvantages of forming
CFDs. Benefits discussed included including potential reduced pricing of
property associated with a CFD and funding the cost of providing public services
to residents and business owners of future developments. Council Members
concurred that allowing for CFDs provided another tool for the City, but needed
to be applied judiciously and with a clear nexus to development impacts.
Council Member Nielsen expressed concern that a CFD shifts the burden of the
cost of development from the developer to future residents and business owners
and, in practice, often does not lower cost the purchase price of a property. He
recommended that use of a CFD be based on a nexus, funding extraordinary
costs for public benefits.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Uso and carried unanimously, 5-0, to adopt Resolution No.. 07-05-15-
06, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING LOCAL GOALS AND
POLICIES FOR THE USE OF THE MELLO-ROOS COMMUNITY FACILITIES
ACT OF 1982,” with the following revision: Section 6-A. Disclosure Requirements
for Developers of the Goals and Policies, 2nd paragraph, 2nd sentence revised
to read, “The disclosure notice must be provided to prospective purchasers of the
property at/or prior to the time the contract or deposit receipt for the purchase of
the property is executed.”
5-15-2007 11
2. FIRST READING AND INTRODUCTION OF AN ORDINANCE DESCRIBING
THE COMMUNITY REDEVELOPMENT AGENCY’S PROGRAM TO ACQUIRE
REAL PROPERTY BY EMINENT DOMAIN WITHIN THE CENTRAL PROJECT
AREA APPROVED WITH REVISION. (670.40)
Description: Senate Bill (SB) 53, which became effective on January 1, 2007,
and was codified in Section 33342.7 of the California Health and Safety Code,
mandates that every legislative body with an adopted a redevelopment plan on or
before January 1, 2007, must adopt an ordinance by June 30, 2007 that contains
a description of the redevelopment agency’s program to acquire real property by
eminent domain. Staff has prepared an ordinance that complies with this
mandate for Council consideration. Staff recommended Council approve first
reading and introduction of an ordinance describing the Community
Redevelopment Agency’s program to acquire real property by eminent domain
within the Central Project Area as required by Senate Bill 53 (Kehoe).
Written Communications: Report dated May 15, 2007, by Douglas Dumhart,
Economic Development Manager.
Presentation: Douglas Dumhart, Economic Development Manager, summarized
the staff report. He recommended revisions to the Ordinance pertaining to the
fifth paragraph, third line, should read as follows “It is not in the public interest…”
Council Member Nielsen suggested including language to state explicitly that
“The Agency retains the right to extend or amend the Redevelopment Plan to
extend powers of eminent domain.”
Meg Monahan, City Clerk, read the title of the ordinance, entitled “AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
DESCRIBING THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY’S PROGRAM TO ACQUIRE REAL PROPERTY
BY EMINENT DOMAIN WITHIN THE CENTRAL REDEVELOPMENT PROJECT
AREA AS REQUIRED BY SECTION 33342.7 OF THE CALIFORNIA HEALTH
AND SAFETY CODE.”
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to adopt an ordinance describing the
Community Redevelopment Agency’s program to acquire real property by
eminent domain within the Central Project Area, as required by Senate Bill (SB)
53 (Kehoe), with revised pursuant to the staff recommendation; and revised to
add a section to the ordinance stating “The Agency retains the right to extend or
amend the Redevelopment Plan to extend powers of eminent domain.”
5-15-2007 12
ORDINANCES
1. ORDINANCE NO. 921 REZONING HARBOR LANE HOMES NEIGHBORHOOD
ADOPTED. (APN 668-181-01 THROUGH 668-186-28 INCLUSIVE) (460.20)
Description: Staff recommended second reading and adoption of an ordinance
changing the zoning designation of all properties in the Harbor Lane Homes
neighborhood from the “RS-4,000” to the “SP” (Specific Plan/Precise Plan) Zone
District.
Written Communications: Report dated May 15, 2007, by Meg Monahan, City
Clerk.
Meg Monahan, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Uso, seconded by Council
Member Nielsen, and carried unanimously, 5-0, to approve second reading and
adoption of an Ordinance No. 921 entitled, “AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING
MAP FROM THE “RS-4,000” TO THE “SP” (SPECIFIC PLAN/PRECISE PLAN)
ZONE DISTRICT FOR CERTAIN PROPERTIES CONSISTING OF THE
HARBOR LANE NEIGHBORHOOD (HARBOR LANE HOMEOWNERS
ASSOCIATION) (REZONE 06-02).”
2. ORDINANCE NO. 922 ADOPTING BY REFERENCE THE CODIFIED
ORDINANCES OF THE COUNTY PERTAINING TO ANIMAL CONTROL
ADOPTED. (500.30)
Description: Staff recommended second reading and adoption of an ordinance
adopting by reference the codified ordinances of the County pertaining to animal
control including the provisions for barking dog violations and civil fine.
Written Communications: Report dated May 15, 2007, by Meg Monahan, City
Clerk.
Meg Monahan, City Clerk, read the titled of the ordinance.
Council Action: Moved by Council Member Uso, seconded by Mayor pro tem
Soto, and carried unanimously, 5-0, to adopt the Ordinance No. 922 entitled,
“AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING AND ADOPTING MUNICIPAL CODE SECTION 6-1.01. ADOPTION
OF COUNTY ANIMAL CONTROL PROVISIONS TO REFLECT BY
REFERENCE TITLE 4 OF DIVISION 1 OF THE CURRENT CODIFIED
ORDINANCES OF THE COUNTY PERTAINING TO ANIMAL CONTROL,
WELFARE AND LICENSE REQUIREMENTS INCLUDING PROVISIONS FOR
BARKING DOG VIOLATION AND CIVIL FINE.”
5-15-2007 13
COUNCILMANIC ITEMS
1. TERM OF APPOINTED COMMISSION AND COMMITTEE MEMBERS
REVISED TO END WITHIN 90 DAYS OF A GENERAL MUNCIPAL ELECTION
(110.20)
Description: At their April 3, 2007, meeting, Council directed staff to research
various alternatives for making appointments to commissions and committees.
Staff conducted a survey of 36 cities, combined the information with 75
responses received in December 2004 from a similar survey, reviewed various
municipal codes on-line, and summarized the information for Council review.
Staff recommended Council consider the commission and committee
appointment process; and if Council decides to take action to revise the current
application process, direct staff to return to Council with appropriate legislation
and/or policies.
Written Communications: Report dated May 15, 2007, by Meg Monahan, City
Clerk.
Presentation: Meg Monahan, City Clerk, reviewed the staff report.
Public Comment:
Bob Cardoza, City resident, encouraged the City Council to retain the current
process for appointing commissioners and committee members as it fostered
public trust, provides for new commissioner learning, and allows for longevity.
He suggested staggered terms.
Gail Zukow, City resident, supported the current interview and appointment
process. She discouraged term limits as longevity provides for experience and
agency history when addressing issues.
Council Comments:
Council Member Nielsen supported a process whereby each Council Member
would appoint one commissioner as new commissioners would bring a fresh
approach to the process. He suggested changing the commissioner terms to
end following soon-after City Council elections to provide newly elected Council
Members an opportunity to be involved in the appointment process.
Council Member Uso supported the suggested changes and conducting
applicant interviews during public meetings.
Mayor Allevato, Mayor pro tem Soto, and Council Member Hribar supported the
current application process expressing concern that a public interview process
5-15-2007 14
may discourage people from applying by removing confidentiality from the
process. They felt appointments by Council majority encouraged public trust, a
broad spectrum of ideas, and public discourse. Council Member concurred with
appointee terms ending within 90 days of City Council elections.
Council Actions:
Moved by Mayor pro tem Soto, seconded by Council Member Hribar, and carried
unanimously, 5-0, to direct staff to return to Council with legislation revising terms
of commissioners and committee members to end within 90 days of a general
municipal election, beginning with the November 4, 2008, election.
Moved by Mayor pro tem Soto, seconded by Council Member Hribar, and carried
3-2, with Council Member Nielsen and Council Member Uso opposed, to retain
unchanged the current City Council process for appointing Commissioners and
Committee members to standing committees.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Soto, Mayor Allevato
NOES: COUNCIL MEMBERS: Nielsen, Uso
ABSTAIN: COUNCIL MEMBERS: None
ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting at 10:46 p.m. to
Tuesday, June 5, 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, CITY CLERK
Approved: June 19, 2007
ATTEST:
__________________________________
SAM ALLEVATO, MAYOR