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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. 5-15-2007 4 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