07-0619_CC_Minutes_Regular Meeting6-19-2007 1
MINUTES
JUNE 19, 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 5:31 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: Meg Monahan, City Clerk; and John Shaw, City Attorney.
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 will confer with
its legal counsel regarding the status of a claim by San Juan Hills, LLP. – This
item was not discussed
2. Pursuant to Government Code Section 54957, the City Council will review the
performance of the City Clerk. – This item was not discussed
3. Pursuant to Government Code 54956.9, the City Council conferred with its legal
counsel regarding the status of a claim filed by ECO Systems, Inc.
4. 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
Employees’ Association.
5. Pursuant to Government Code Section 54956.9, the City Council conferred with
its legal counsel regarding the status of the Scalzo Trust v. City of San Juan
Capistrano. Mayor pro tem Soto cited a conflict of interest, left chambers, and
returned following discussion of this item.
6-19-2007 2
Public Comment:
Donald D. Vanderlan, City resident, inquired as to the status of a proposed
retaining wall on the Scalzo project. John Shaw, City Attorney, suggested Mr.
Vanderlan contact Lois Bobak, Deputy City Attorney, for more information.
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 7:08 p.m. in the City Council Chamber. Council Member
Hribar led the Pledge of Allegiance and Mayor pro tem Soto gave the invocation.
Meeting Dedication: Mayor Allevato dedicated the City Council meeting to the late Tony
Forster, former Mayor and Council Member, 32 year member of the City’s Cultural
Heritage Commission, and descendent from the first settlers in the community. He
extended condolences to the Forster family and Tony’s many friends; and announced
services would be Friday, June 22, 2007, at 10:00 a.m. at the Mission Basilica.
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 & Interim Public Works Director; Nasser Abbaszadeh,
Engineering & Building Director; Steve Apple, Planning Director; Karen Crocker,
Community Services Director; Lt. Mike Betzler, Chief of Police Services; Steve
Montano, Assistant Director of Administrative Services; Douglas Dumhart, Economic
Development Manager; Michael Cantor, Senior Management Analyst; Maria Morris,
Deputy City Clerk; and Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Hribar commented on the high quality of the City’s first quarterly
newsletter. He reported attending a function honoring Sally Young, retiring
administrator at the San Juan Capistrano Community Presbyterian Church; a South
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Orange County Wastewater Authority finance committee meeting; ceremony for the
change in command at the American Legion; a quarterly watershed committee meeting;
Planning Commission meetings concerning changes to the Land Use Code; Leadership
Academy Graduation ceremony; and interviews of applicants for Council appointed
commissions.
Council Member Nielsen reported attending a Historical Society mixer; meetings to
review City fees; the Leadership Academy graduation; and Open Space Committee
subcommittee meeting.
Council Member Uso reported attending the commencement ceremony for St.
Margaret’s School; Leadership Academy graduation; and a Shea Center benefit. He
participated in a presentation to the Equestrian Coalition and was involved in the
community grant review process.
Mayor pro tem Soto reported attending a Library subcommittee meeting concerning
expansion plans; a Chamber of Commerce Scholarship luncheon; Historical Society
mixer; Leadership Academy graduation; a program concerning at-risk teens; a water
quality committee meeting; League of California Cities meeting; the California Women’s
Leadership Luncheon; jury duty; and a San Juan Basin Authority meeting.
Mayor Allevato reported taping a KOCE-TV promotional interview with Jed Pearson
concerning the City’s upcoming barbeque event for the 1/11 Marine Battalion; the
Chamber of Commerce Scholarship Luncheon; the JourneySafe event to promote safe
teen driving; the Eagle Scout Court of Honor for Ryan Pickel; an Adopt-A-Class 5th
grade event sponsored by the City and Washington Mutual Bank; Leadership Academy
graduation; interviews for Council appointed commissions; a Transportation Corridor
meeting to consider consolidating 73 and 241 toll roads’ Boards of Directors;
participating in a presentation to the Equestrian Coalition; and announced the
reappointment of Mayor pro tem Soto to the Orange County Waste Management
Commission by 5th District Supervisor Pat Bates.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen announced the next meeting of the Open Space Committee
will be held on July 9, 2007 at 7 p.m. in the Community Center.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: the San Juan Summer Nites concert series; the community
sponsored appreciation picnic for the 1st Battalion of the 11th Marine Regiment; the
Mission San Juan Capistrano Mariachi Festival and Music Under the Stars Summer
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Concert series; the City sponsored July 4th Celebration; and the AYSO soccer
tournament.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. FORMER PLANNING COMMISSION AND WATER ADVISORY COMMISSION
MEMBER JOE DREY RECOGNIZED. (110.10)
Meg Monahan, City Clerk, recognized Joe Drey for his contributions to the City;
and Mayor Allevato presented him with a plaque.
2. BROOKE KENNAMER PRESENTED WITH THE MAYOR’S YOUTH OF THE
YEAR AWARD. (610.40)
Mayor Allevato recognized Brooke Kennamer and awarded her with the Mayor’s
Youth of the Year Award. Derek Decaro, Chairman, and Maricella Moreno,
Recreation Coordinator, representing the Youth Advisory Board, awarded Ms.
Kennamer with $100 for her achievement.
3. TAMMIE WINGEN PRESENTED WITH MAYOR’S EDUCATOR OF THE YEAR
AWARD. (610.40)
Mayor Allevato recognized Tammie Wingen and awarded her with the Mayor’s
Educator of the Year Award.
4. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Soto recognized the following individuals in attendance: Gene
Ratcliffe and Robert Cardoza, Planning Commission; Erin Kutnick,
Transportation Commission; Don Tryon, Cultural Heritage Commission; Gail
Zukow, Parks, Recreation and Equestrian Commission; and Laura Freese,
Housing Advisory Committee.
ORAL COMMUNICATIONS
Bob King, City resident, requested installation of “stop ahead” signs and Botz Dots to
warn people in advance of a stop sign on Rancho Viejo Road. He ascertained from
Nasser Abbaszadeh, Engineering & Building Director, that the paving improvements on
Rancho Viejo Road were partially complete.
Tom Cavanaugh, City resident, recommended the City enforce the City’s existing tree
trimming guidelines and asked the Council to monitor this issue more closely. He
provided tree trimming information packets. Steven A. Apple, Planning Director,
6-19-2007 5
reported that tree trimming standards and monitoring methods were currently under
study and expected to return to Council later in the year.
Rebecca Bauer, City resident, requested an emergency meeting of the City Council to
debate Council’s confidence in the performance of Capistrano Unified School District
(CUSD) Trustees Benecke, Stiff, Darnold, and Draper. She felt the previously seated
Council inappropriately approved construction of the CUSD administration building
using Redevelopment Agency assets and that certain CUSD Board decisions, such as
building a high school after voter rejection of the school, negatively impacted other
school facilities.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Hribar, and carried unanimously, 5-0, to approve items 1, 2, 3, 5, 6, 9 and 10 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF MAY 15, 2007, APPROVED AS
SUBMITTED.
3. AGREEMENT WITH TRAUMA INTERVENTION PROGRAMS, INC. FOR
VOLUNTEER TRAUMA INTERVENTION RESPONSE TO CRITICAL
INCIDENTS, FOR $8,600 FOR TWO-YEARS FROM JULY 1, 2007 TO JUNE 30,
2009, APPROVED. (600.30)
4. SECOND AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT
SERVICES FOR FISCAL YEAR 2007-2008 APPROVED. (600.50)
This item was removed from the Consent Calendar by Council Member Hribar to
recommend researching the possibility of consolidating police services with the
City of Dana Point in an effort to reduce costs, recognizing that south county
cities currently share services. Council Member Uso agreed.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Uso and carried unanimously, 5-0, to approve second amendment to
the five-year agreement between the City of San Juan Capistrano and the
County of Orange for provision of law enforcement services, with the second
year amount of $6,250,031, from July 1, 2007 to June 30, 2007.
5. ACCOUNTS PAYABLE WARRANTS DATED MAY 24, 2007, AND JUNE 7,
2007, IN THE TOTAL AMOUNT OF $2,103,836.28; AND PAYROLL
WARRANTS DATED JUNE 1, 2007, IN THE AMOUNT OF $279,764.49,
RECEIVED AND FILED. (300.30)
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6. CASH BALANCES BY FUND – APRIL 30, 2007, RECEIVED AND FILED.
(330.50)
7. FISCAL YEAR 2007-08 SOUTH ORANGE COUNTY WASTEWATER
AUTHORITY (SOCWA) BUDGET APPROVED. (330.50)
This item was removed from the Consent Calendar by Council Member Nielsen
to ascertain that the City’s share of the budget is based on its facilities ownership
and percentage of effluence transported to the plant for treatment.
Council Action: Moved by Council Member Uso, seconded by Council
Member Hribar and carried unanimously, 5-0, to approve the South Orange
County Wastewater Authority Fiscal Year 2007-2008 budget; and the City’s
share of $2,580,880, to be allocated to various SOCWA account and funded from
the Sewer Enterprise revenues approved.
8. AFTER-SCHOOL RECREATION PROGRAM AND FEE REDUCTION FOR THE
USE OF THE CITY GYMNASIUM APPROVED. (BOYS AND GIRLS CLUBS OF
CAPISTRANO VALLEY) (600.30)
This item was removed from the Consent Calendar by Council Member Nielsen
to recommend revision to the agreement to require submittal of the Club’s
evaluation report by June 1, 2008.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to approve the Agreement with the
Boys and Girls Club of Capistrano Valley, in the amount of $91,820, to provide
after school and summer recreation programs for the period of July 1, 2007,
through June 30, 2008, including a revision to Section 4, requiring the evaluation
report due by June 1, 2008; and approve a fee reduction of $41,000, for use of
the City gymnasium.
9. TWO-YEAR AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC.,
IN THE AMOUNT OF $141,336, FOR SERVICING SIX CROSSING GUARD
LOCATIONS FROM JULY 1, 2007 THROUGH JUNE 30, 2009, APPROVED.
(600.30)
10. RESOLUTION NO. 07-06-19-01 ENTITLED “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING ITS ARTICLE XIIIB APPROPRIATION LIMITATION (GANN LIMIT)
FOR THE 2007-2008 FISCAL YEAR,” ADOPTED. (330.20)
Written Communications: Supplemental Agenda Report dated June 19, 2007,
by Steve Montano, Assistant Administrative Services Director.
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11. PERSONAL SERVICES AGREEMENT FOR ADMINISTRATION OF
OVERNIGHT PARKING PERMIT PROGRAM IN CAPISTRANO VILLAS I, II, III
APPROVED. (WEBB COMMUNITY MANAGEMENT, INC.) (600.30)
This item was removed from the Consent Calendar by Council Member Hribar to
ascertain parking enforcement procedures and program cost details.
Council Action: Moved by Council Member Uso, seconded by Council
Member Nielsen, and carried unanimously, 5-0, to approve two-year personal
services agreement for administration of overnight parking permit program at the
Capistrano Villas I, II, and III, in the amount of $45,600, from July 1, 2007
through June 30, 2009.
12. Consideration of Personal Services Agreement for Parking Enforcement in the
Overnight Parking Permit Zones. (Securtec District Patrol, Inc.) (600.30)
This item was removed from the Consent Calendar by Council Member Hribar to
clarify parking permit program financial details.
Council Action: Moved by Council Member Uso, seconded by Council
Member Hribar, and carried unanimously, 5-0, to approve Two-year Personal
Services Agreement with Securtec District Patrol, Inc., to provide parking
enforcement for the citywide overnight parking permit program, in the amount of
$57,600 from July 1, 2007 through June 30, 2009.
13. RESOLUTION NO. 07-06-19-02 ADOPTED APPROVING A
DEPOSIT/REIMBURSEMENT AGREEMENT FOR THE VENTANAS BUSINESS
CENTER COMMUNITY FACILITIES DISTRICT (CFD). (CENTRA REALTY,
INC.) (600.60)
This item was removed from the Consent Calendar by Council Member Nielsen
for discussion.
Description: Centra Realty has submitted an application for development of a
light industrial complex on 19 acres of vacant property at the terminus of Calle
Arroyo and the I-5 freeway; and an associated request that the City consider
formation of a CFD and the issuance of bonds for assistance in financing
extraordinary expenses, public improvements, and development fees associated
with their commercial project. The Agreement requires Centra Realty to deposit
funds with the City to ensure payment of the costs of the City in analyzing and
forming a district. Staff recommended Council adopt the resolution approving the
Deposit/Reimbursement Agreement with Centra Realty and authorize the Mayor
to execute the agreement.
Written Communications: Report dated June 19, 2007, by Douglas Dumhart,
Economic Development Manager.
6-19-2007 8
Presentation: Douglas Dumhart, Economic Development Manager, summarized
the staff report.
Council Discussion:
Council Member Nielsen questioned the rationale of approving the Community
Facilities District (CDF) request in advance of approving the subject project; and
the potential that information provided by and/or verified by the City during the
CDF consideration process could be interpreted as approval of the project. He
ascertained that approval of the CDF will allow the developer to secure funds to
construct the project; approval of the CDF does not imply approval of the project;
the applicant understands the project may be revised during the approval
process; and staff costs are covered by the applicant’s deposit.
Council Action: Moved by Council Member Uso, seconded by Council
Member Hribar, and carried unanimously, 5-0, to adopt Resolution No. 07-06-
19-02, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A
DEPOSIT/REIMBURSEMENT AGREEMENT WITH CENTRA REALTY TO
ADVANCE FUNDS FOR COSTS INCURRED TO CONSIDER FORMATION OF
A COMMUNITY FACILITIES DISTRICT;” and authorize the Mayor to execute the
Agreement.
14. CONSULTANT SERVICES AGREEMENT WITH DAVID TAUSSIG &
ASSOCIATES, INC. FOR SPECIAL TAX CONSULTING SERVICES
APPROVED. (600.30)
This item was removed from the Consent Calendar by Council Member Nielsen
to recommend language revision to ensure the information provided by staff does
not indicate approval of the project.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Uso, and carried unanimously, 5-0, to approve Consultant services
Agreement with David Taussig & Associates, Inc. for special tax consulting
services, in an amount not to exceed $25,000 plus fees based on bonds issued,
revised to include language that anything provided by staff is in no way a
verification of any approvals; and authorize the Mayor to execute the Agreement.
15. CONSIDERATION OF AGREEMENT FOR CONSULTANT SERVICES FOR
GANG PREVENTION SERVICES CONTINUED. (PEPPERDINE UNIVERSITY)
(600.30)
This item was removed from the Consent Calendar by Mayor Allevato for
discussion.
6-19-2007 9
Description: Since November 2002, the City has contracted with Pepperdine
University to provide a preventative approach toward addressing at-risk youth
concerns. Personnel provided by the program concentrate their efforts at the
local public schools and within the community of San Juan Capistrano, and
provide a variety of services to strengthen the family unit. Staff recommended
Council approve the two-year agreement with Pepperdine University to provide
consultant services for gang prevention services for $119,080 from July 1, 2007
to June 30, 2009.
Written Communications: Report dated June 19, 2007, by Michael Cantor,
Senior Management Analyst.
Presentation: Michael Cantor, Senior Management Analyst, summarized the staff
report.
Mayor Allevato ascertained from Lt. Mike Betzler, Chief of Police Services, that
Pepperdine University will be requested and should be able to provide statistics
regarding the effectiveness of the program and recidivism rates; and program
personnel are prepared to expand the program to include the new high school.
Mayor Allevato proposed Council delay action on this proposal until the
requested information is provided.
Council Action: Moved by Council Member Uso, seconded by Council
Member Nielsen, and carried unanimously, 5-0, to continue Consideration of
Agreement for Consultant Services for Gang Prevention Services for one month;
and staff directed to return to Council with information as to the effectiveness of
the program along with consideration of approval of the agreement.
16. AGREEMENT FOR RED LIGHT PHOTO ENFORCEMENT SERVICES
APPROVED WITH REVISIONS. (NESTOR TRAFFIC SYSTEMS, INC.) (600.30)
This item was removed from the Consent Calendar by Council Member Uso for
discussion.
Description: At its April 17, 2007, meeting, Council directed staff to work with
Nestor Traffic Systems, Inc., to revise specific contract points of the proposed
five year agreement for red light camera service and bring it back for
consideration. The contract was revised in five areas in response to Council
direction. Staff recommended Council approve the agreement with Nestor Traffic
Systems, Inc. for red light photo enforcement services in the amount of $4,850
per intersection approach per month.
Written Communications: Report dated June 19, 2007, by Michael Cantor,
Senior Management Analyst.
6-19-2007 10
Presentation: Michael Cantor, Senior Management Analyst, summarized the staff
report.
Council Discussion:
Council Member Nielsen suggested further revision to Section 3.3 of the
Agreement to allow the City to acquire the rights to operate the system for a
minimum of 10 years in the event Nestor was unable to continue to provide the
services.
Council Member Uso ascertained from staff that the signal synchronization resets
on the next cycle following implementation of Collision Avoidance System. He
expressed concern that the contract did not adequately address the City’s
operation and cancellation options concerning the Collision Avoidance System.
Council Member Hribar opposed the Agreement because he does not support
the concept of red light photo enforcement in general.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Nielsen and carried 3-2, with Commissioner Hribar and Uso opposed, to
approve the five year agreement with Nestor Traffic Systems, Inc. for red light
photo enforcement services, in the amount of $4,850 per intersection approach,
per month, with Section 3.3 revised, 18th line to read “… become licensed to
Municipality for 10 years the balance of the term at no further cost to the
Municipality except for any third party license fees required for the continued
operation of the Software or Equipment. The Municipality shall have full rights to
operate such System solely to support the Installed Approaches for 10 years
from such date the remainder of the Term of this Agreement.”
ROLL CALL
AYES: COUNCIL MEMBERS: Nielsen, Soto, Mayor Allevato
NOES: COUNCIL MEMBERS: Hribar, Uso
ABSTAIN: COUNCIL MEMBERS: None
Dave Adams, City Manager, advised that staff will bring back the agreement for
further review if Nestor Traffic Systems, Inc. is not satisfied with the additional
revision.
6-19-2007 11
PUBLIC HEARINGS
1. URGENCY ORDINANCE NO. 924 ADOPTED EXTENDING EXISTING INTERIM
URGENCY ORDINANCE ESTABLISHING INTERIM RULES CONCERNING
BUILDING MOUNTED AND MONUMENT SIGNS. (410.40)
Description: On May 9, 2007, Council adopted an interim urgency ordinance
modifying the review of sign applications in all commercial and retail zoning
districts. This urgency ordinance will remain legally effective for a period for 45
days. At its April 24, 2007, meeting, the Planning Commission recommended the
urgency ordinance be extended for a period of 180 days to allow staff adequate
time to prepare and review the new sign ordinance. Staff recommended Council
consider adopting an interim urgency ordinance extending the existing interim
urgency ordinance establishing interim rules regulating the approval process for
and construction of building mounted signs and monument signs.
Written Communications:
Report dated June 19, 2007, by Steve Apple, Planning Director.
Letter dated June 13, 2007, from Robert King, City resident and Save Our San
Juan representative, requesting staff add “Adoption of the findings upholding
their appeal of the six over-the-counter permitted Mammoth Equities Properties
signs” to the agenda for the June 19, 2007, Regular Council Meeting.
Letter dated June 18, 2007, from Robert King, City resident and Save Our San
Juan representative, submitting a petition signed by 22 homeowners in the
Spotted Bull neighborhood opposing any lighted signs in the Mammoth Equities
project.
Letter dated June 18, 2007, from Robert King, City resident and Save Our San
Juan representative, suggesting revisions to the Mammoth Equities Sign
Program.
Presentation: Steve Apple, Planning Director, reviewed the staff
recommendation.
Mayor Allevato opened the public hearing.
Public Testimony:
Robert King, City resident, representing Save our San Juan and various
homeowners associations, established that the purpose of tonight’s interim
urgency ordinance is to extend the existing urgency ordinance already in place
for a period of 180 days; and thanked Council for their actions to date.
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Dr. James Sears, City resident, opposed the style of signage currently installed
on the Mammoth project.
Mayor Allevato closed the public hearing.
Mayor Allevato requested staff notify all homeowners associations that front
Rancho Viejo Road so they can in turn notify their residents of the open house.
Meg Monahan, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro
tem Soto, and carried unanimously, 5-0, to approve the Urgency Ordinance No.
924 entitled “AN URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 920
RELATING TO INTERIM RULES REGULATING THE APPROVAL PROCESS
FOR AND CONSTRUCTION OF BUILDING-MOUNTED SIGNS AND
MONUMENT SIGNS PURSUANT TO GOVERNMENT CODE SECTION 65858;”
and direct staff to 1) earmark revision to the signage codes to return to Council
as soon as possible and not be tied to the Council review of Title 9, and 2)
provide notice to each of the homeowners association boards that front Rancho
Viejo Road of the Mammoth Equities sponsored open house to discuss signage
options for their site.
RECESS AND RECONVENE
Council recessed at 10:50 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency, San Juan Capistrano Public Financing Authority, and San
Juan Capistrano Sewer Maintenance District No. 1 meetings; and reconvened at 10:55
p.m.
ADMINISTRATIVE ITEMS
I1. CITY CLERK
a. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING THE
MUNICIPAL CODE RELATED TO TERMS OF OFFICE OF COMMISSIONS
AND BOARDS APPROVED. (110.20)
Description: On May 15, 2007, Council directed staff to return with legislation
revising the terms of commissioners and committee members to end within 90
days of the General Municipal Election Day, beginning with the November 4,
2008, election. Staff recommended Council approve first reading and introduction
of an ordinance amending the Municipal Code related to commissions and
boards – Section 2-2.102 – Terms of Office.
6-19-2007 13
Written Communications: Report dated June 19, 2007, by Meg Monahan, City
Clerk.
Presentation: Meg Monahan, City Clerk, summarized the staff report.
Meg Monahan, City Clerk, read the title of the ordinance, entitled, “AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING MUNICIPAL CODE SECTION 2-2.102.”
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Uso and carried unanimously, 5-0, to approve first reading and adoption
of an ordinance amending the Municipal Code related to commissions and
boards – Section 2-2.102 – Terms of Office.
I2. PLANNING DIRECTOR
a. CONSIDERATION OF ESTABLISHING VOTER APPROVAL REQUIREMENTS
FOR GENERAL PLAN OPEN SPACE DESIGNATION CHANGES CONTINUED
TO JULY 17, 2007. (530.40/630.20)
Description: The Open Space Committee (formerly Northwest Area Strategies
Ad Hoc Committee) is charged with reviewing and making recommendations on
preservation and/or acquiring additional open space, and developing strategies
for future planning for land use and infrastructure accomplishments. The
Committee requested the City Attorney’s office draft a ballot measure to ask the
voters whether they wanted a rule enacted requiring voter approval of any
proposed change of General Plan designated open space to another land use. At
its meeting of May 14, 2007, the Open Space Committee unanimously voted to
recommend Council consider placing this issue on an upcoming ballot. The
financial cost of placing the issue before the voters is dependent on the
election/ballot measure date recommended by Council. Staff recommended
Council approve the Open Space Committee’s recommendation to place a ballot
measure before the voters to determine if voter approval should be required for
General Plan open space designation changes; and direct the City Clerk to
prepare a resolution for subsequent Council action to formally select a ballot day.
Written Communications:
Report dated June 19, 2007, by Steve Apple, Planning Director.
Letter dated June 18, 2007, from Dan and Jeanne Dague, City residents,
supporting the ballot measure to establish voter approval of General Plan
designated open space rezoning.
Letter dated June 11, 2007, from Kristine E. Thalman, Chief Executive Officer,
Building Industry Association of America, Orange County Chapter, opposed to
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the “Ballot Box Planning” ordinance due to the complexity of land use policy and
land use determination issues.
Email dated June 15, 2007, from kaysanjuan (sp) supporting voter approval
requirements for open space general plan designation changes.
Email dated June 15, 2007, from Sally Bumbulis, City resident, supporting the
Open Space Initiative in order to preserve open space and ensure water
availability.
Email dated June 14, 2007, from Joseph E. Seymour and Laurie S. Seymour,
City residents, supporting the Open Space Initiative to preserve existing open
space.
Email dated June 15, 2007, from Yvonne Tschaikowsky, City resident, requesting
support of establishing voter approval requirements for open space designation
changes to preserve San Juan Capistrano’s quality of life.
Presentation: Steve Apple, Planning Director, reviewed the staff
recommendation.
Public Comment:
Lennie DeCaro, City resident, supported requiring voters to approve General
Plan Open Space redesignations for public and private property.
Bob King, City resident, supported open space preservation.
Trevor Dale, City resident, supported voter approval of open space land use
designation changes and asked for Council support.
Yvonne Tschaikowsky, City resident, supported voter approval of open space
use changes.
Sheilagh Hegarty, City resident, supported voter approval of open space zoning
changes.
Cheryl Troskey, City resident, supported the efforts of the Open Space
Committee.
Joyce Hoffman, City resident, felt that private property should not be subject to
voter approval of open space land use designation changes. The public has the
option to purchase property at fair market value and use it for open space.
Kim Lefner, City resident, felt the majority of residents supported voter approval
of open space changes.
6-19-2007 15
Phyllis Watson, City resident, felt open space was very important to the
community and residents should have the option of voting on zoning changes.
Tom Lorch, San Clemente resident, San Juan Capistrano property owner,
opposed voter approval of open space use changes and suggested these may
be subject to environmental review. Other processes are in place for voter
participation in these issues. He provided his comments in writing.
Ray Turner, City resident, opposed the staff recommendation as there are
processes in place for the public to protest zoning changes, and he believes
elected Council are competent to represent the people and decide what’s best for
the community. He also requested the Open Space Committee bring all of their
proposals to Council for consideration all at once instead of one at a time.
Council Comment:
Council Member Hribar suggested Council consider continuing this matter to
ensure all affected property owners have been properly notified of this issue.
Steve Apple, Planning Director, confirmed that all property owners received
written notification of tonight’s public hearing. He agreed that additional
measures, such as return receipt requested and/or registered mail, could be
implemented to make certain notice is received.
Council Member Uso supported the ballot measure based on recent voter
rejection of proposed use of open space at the golf course. He felt voter approval
of General Plan open space designated land did not infringe on property rights
because it maintained the current designation and did not re-zone property. He
did not support continuing the item because noticing had been completed.
Mayor Allevato agreed with the open space recommendation to exempt
agricultural properties from the ordinance; cautioned that many areas of town
perceived as open space by residents may in fact be already approved for
development; and Council should be cognizant of costs when scheduling the
initiative for the ballot.
Council Member Nielsen supported the ballot measure because it retained the
status quo. He felt there was community wide support for the measure based on
resident participating in Open Space Committee meetings and responses to
surveys. The ordinance allows the voters to approve open spaced designation
changes, which will encourage development that provides for ample public
benefit.
Mayor pro tem Soto supported the proposed ballot measure and agreed that
continuing the item would ensure all affected residents are contacted.
6-19-2007 16
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried 4-1, with Council Member Uso against, to continue
this item to the July 17, 2007, meeting, with staff directed to provide mailed
notice, with return receipt, to all property owners of land with the current General
Plan designation of Open Space.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Nielsen, Soto, Mayor Allevato
NOES: COUNCIL MEMBERS: Uso
ABSTAIN: COUNCIL MEMBERS: None
ORDINANCES
1. ORDINANCE NO. 925 ADOPTED UPDATING THE MUNICIPAL CODE
RELATED TO THE GENERAL MUNICIPAL ELECTION DAY. (630.40)
Description: Staff recommended Council approve second reading and adoption
of an ordinance amending Municipal Code Section 2-4.201 to specifically state
the City’s regular Election Day timeline.
Written Communications: Report dated June 19, 2007, by Meg Monahan, City
Clerk.
Meg Monahan, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried unanimously, 5-0 to approve second reading and
adoption of Ordinance No. 925 entitled, “AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING MUNICIPAL CODE
SECTION 2-4.201.”
COUNCILMANIC ITEMS
1. ONE VACANCY DECLARED ON THE CULTURAL HERITAGE COMMISSION.
(110.10)
Description: Staff recommended Council formally declare an unscheduled
vacancy on the Cultural Heritage Commission due to the untimely passing of
long term member Tony Forster.
6-19-2007 17
Written Communications: Report dated June 19, 2007, by Meg Monahan, City
Clerk.
Council Action: Moved by Council Member Uso, seconded by Council
Member Nielsen, and carried unanimously, 5-0, to declare a vacancy on the
Cultural Heritage Commission.
2. URGENCY ITEM ADDED TO THE AGENDA BY 4/5TH VOTE:
CONSIDERATION OF FILING CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) ACTION RELATED TO THE LAGUNA NIGUEL, O. HILL SUBDIVISION,
NOTICE OF DETERMINATION
Description: Council Member Nielsen requested the Council add to the agenda
discussion of the May 29, 2007 filing of a Notice of Determination of the O. Hill
subdivision in Laguna Niguel. He was informed of this filing today, June 19, 2007,
and the time for the City to file a CEQA action in response expires on June 29,
2007, prior to the City Council’s next meeting.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to add Consideration of Filing
California Environmental Quality Act (CEQA) Action Related to the Laguna
Niguel, O. Hill Subdivision, Notice of Determination, to the Agenda by 4/5th Vote
with the finding that there is a need for immediate action and the issue came to
the attention of the Council subsequent to the agenda being posted.
3. STAFF DIRECTED TO FILE APPROPRIATE CEQA ACTION IN RESPONSE TO
THE NOTICE OF DETERMINATION FOR THE O. HILL SUBDIVISION IN
LAGUNA NIGUEL.
Description: Council Members discussed the potential impact the proposed
subdivision may have on the City’s ridgeline above Peppertree Lane. Council
Members concurred that despite a recently filed project appeal, the safest course
of action was to proceed with filing a CEQA action in response to the project
Notice of Determination, as that filing would preserve the City’s right to challenge
the project.
Council Action: Moved by Council Member Uso, seconded by Council
Member Nielsen and carried unanimously, 5-0, to direct staff to file appropriate
CEQA action in response to the Notice of Determination for the O. Hill
subdivision in Laguna Niguel prior to the 30 day deadline for such filing.
4. COUNCILMANIC DISCUSSION CONTINUED
Council Members concurred to direct staff to provide options to the Council to
address code enforcement issues in a more timely and cost effective manner.
6-19-2007 18
ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting at 11:12 p.m. to
Tuesday, July 3, 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: July 17, 2007
ATTEST:
__________________________________
SAM ALLEVATO, MAYOR