07-0703_CC_Minutes_Regular Meeting7-3-2007 1
MINUTES
JULY 3, 2007
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION
Mayor Allevato called the Closed Session of the City Council of the City of San Juan
Capistrano to order at 5:31 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: Dave Adams, City Manager; Meg Monahan, City Clerk.
Agenda items are presented in the originally agendized format for the benefit of the
minutes’ reader, but were not necessarily heard in that order.
CLOSED SESSION (610.85)
A Closed Session was held for the following purposes, as authorized by statute:
1. Pursuant to Government Code Section 54957, the City Council will review the
performance of the City Clerk. This item was postponed for a future meeting.
2. Pursuant to Government Code Section 54956.9, the City Council conferred with
its legal counsel regarding the status of Ito, et al v. City of San Juan Capistrano,
et al., City of San Juan Capistrano v. City of Laguna Niguel, et al, claim of San
Juan Hills, LLC.
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 7:02 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 meeting to the 56 patriots who signed the Declaration of
Independence, at great personal sacrifice, to ensure freedom for future generations.
7-3-2007 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 & 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; William
Cunningham, Contract Project Administrator; Douglas Dumhart, Economic
Development Manager; and Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Uso reported meeting with Chamber of Commerce representatives to
discuss ideas to better serve their members; attended Tony Forster’s memorial service
and the City sponsored picnic for the 1/11 Marine Battalion; reported meeting with staff
concerning code enforcement; and reported attending a meeting with Congressman
Ken Calvert.
Council Member Nielsen attended meetings with the Open Space Finance
Subcommittee; met with constituents regarding issues in town; and attended Tony
Forster’s memorial service, the picnic for the 1/11 Marine Battalion, and subcommittee
meetings with staff to review city fees.
Council Member Hribar attended the Dana Hills High School graduation; the 1/11
Marine Battalion picnic, and Tony Forster’s memorial service. He suggested a Holiday
event to coincide with the Christmas Tree Lighting Ceremony for the families of the 1/11
Marine Battalion members. He participated in interviews of applicants for City
commissions; toured the Stanton Recycling Plant; and spoke to the California &
Municipal Tax and Revenue Association at a City-hosted event.
Mayor pro tem Soto attended the San Juan Summer Nites concert; the JSerra adult and
continuation school graduation; and the memorial service for Tony Forster. He served
as a judge for the Mission’s Mariachi Festival and toured the Stanton Recycling Plant.
Mayor Allevato attended many of the events mentioned by others and the Ribbon
Cutting for Coastal Mountain Academy; Independence Bank First Anniversary; Music
Under the Stars event at the Mission; and a Trails Committee meeting concerning fire
hazard signage for the City’s trails. He complimented staff for the launching of the
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City’s new website and recognized Bill Huber, outgoing Assistant City Manager, for his
many years of service to the City and community.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen announced that the July 9, 2007, meeting of the Open Space
Committee is canceled to allow the subcommittees an opportunity to complete their
work; and the next Open Space Committee meeting is scheduled for August 6, 2007, at
7:00 p.m. in the Community Center.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: Music Under the Stars Concert Series at the Mission; Chamber
of Commerce Mixer at Nonna’s House; San Juan Summer Nites Series; and the City-
sponsored 4th of July Celebration.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. MONTH OF JULY 2007 PROCLAIMED AS RECREATION AND PARKS
APPRECIATION MONTH. (610.40)
Mayor Allevato proclaimed July 2007 as “Parks and Recreation Month” in the
City of San Juan Capistrano and presented the proclamation to Kathy Hooper
and Gail Zukow, representing the Parks, Recreation and Equestrian
Commission, and Karen Crocker, Community Services Director.
2. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Soto introduced the following individuals in attendance: Les Blair,
Council Liaison to the San Juan Seniors; Jan Siegel, Cultural Heritage
Commission; Kathy Hooper and Gail Zukow, Parks, Recreation and Equestrian
Commission; Sheldon Cohen and Robert Cardoza, Planning Commission; Laura
Freese, Housing Advisory Committee; Jerry Harris, former Council Member; and
Larry Kramer, Rotary President.
Steven A. Apple, Planning Director, introduced Grant Taylor, who will start as
Assistant Planning Director on July 9, 2007.
ORAL COMMUNICATIONS
Glen Fouret, City resident, thanked the Council for challenging the O’Hill development in
Laguna Niguel and provided plans for staff.
Bobbi Decker, City resident, relayed the noise impacts and frustration of residents due
to delays in code enforcement action to halt operations at the un-permitted car wash
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installed at the Toyota dealership. Mayor Allevato advised staff is working on a
resolution and will report back.
Kurt Conone, attorney representing Roy Stevens, City resident, spoke regarding his
client’s liability exposure due to the public and developer’s use of a private access
easement, which is impacting public safety and creating an attractive nuisance. Mayor
Allevato requested he contact Steve Apple, Planning Director, to discuss the matter in
detail.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Nielsen, and carried unanimously, 5-0, to approve items 1, 2, 5, 6, and 7 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF JUNE 5, 2007, APPROVED AS
SUBMITTED.
3. NEW DEVELOPMENT APPLICATIONS STATUS REPORT – MONTH ENDING
JUNE 15, 2007, RECEIVED AND FILED (440.10)
This item was removed from the Consent Calendar by Council Member Hribar to
establish the proposed wireless application would improve cellular phone service
for residents in the Marbella and Stoneridge Estates housing developments.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Uso and carried unanimously, 5-0, to receive and file New Development
Applications Status Report – month ending June 15, 2007.
4. RESOLUTION 07-07-03-01 ADOPTED APPROVING A NOTICE OF
COMPLETION FOR THE VEREDA BIKEWAY UNDERCROSSING. (JOHN S.
MEEK COMPANY) (CIP NO. 124) (600.30)
This item was removed from the Consent Calendar by Council Member Nielsen
to ascertain the cost overruns for this project were primarily caused by
construction increases, additional required safety precautions, previously
unknown issues that arose during excavation, and difficulties encountered by the
City to maintain control of a project with this complexity and with so many other
agencies’ involvement. He encouraged staff to continue to explore avenues to
recover costs from the other agencies.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Uso, and carried unanimously, 5-0, to adopt Resolution No. 07-07-03-
01, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
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JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR THE VEREDA BIKEWAY
UNDERCROSSING (JOHN S. MEEK COMPANY) (CIP NO. 124);” accept
contract change orders no. 1 and no. 2 in the amounts of $102,688.97 and
$16,410.00, respectively; direct the City Clerk to process the recording of the
project Notice of Completion; authorize staff to release the retention, in the
amount of $57,386.40, 35 days after recordation; and approve transfer of
$363,139.94 from Parks and Recreation Fund, account 04-4436 to the project
account, 12-65300-4704-124, to cover additional costs incurred by Metrolink and
MCI for construction labor outside of their anticipated scope of work.
5. ACCOUNTS PAYABLE WARRANTS DATED JUNE 21, 2007, IN THE AMOUNT
OF $1,275,675.31; AND PAYROLL WARRANTS DATED JUNE 15, 2007, IN
THE AMOUNT OF $341,441.39, RECEIVED AND FILED. (300.30)
6. MAYOR SAM ALLEVATO APPOINTED TO SERVE AS THE CITY’S
REPRESENTATIVE TO THE NEW TRANSPORTATION CORRIDOR SYSTEM
BOARD OF DIRECTORS; AND COUNCILMEMBER MARK NIELSEN
APPOINTED AS ALTERNATE REPRESENTATIVE. (610.60)
7. SAN JUAN CAPISTRANO LITTLE LEAGUE’S REQUEST TO EXTEND SAN
JUAN CAPISTRANO SPORTS PARK, HAUSDORFER FIELD, BALL FIELD
LIGHTING USE ON AN AS-NEEDED BASIS, UNTIL 10:00 P.M. FROM JULY 5,
2007 THROUGH JULY 25, 2007, APPROVED. (920.10)
PUBLIC HEARINGS
1. ANNUAL ASSESSMENTS FOR ASSESSOR’S PARCEL NUMBERS LOCATED
WITHIN CERTAIN MAINTENANCE DISTRICTS APPROVED WITH DIRECTION
TO STAFF; AND RESOLUTION NO. 07-07-03-02 ADOPTED CONFIRMING
THE ASSESSMENTS AND AUTHORIZING THE ORANGE COUNTY AUDITOR-
CONTROLLER TO INCLUDE THE ASSESSMENTS ON THE PROPERTY TAX
ROLL. (345.20)
Description: The City has established various landscape maintenance districts
to provide landscape maintenance services within certain developments. On May
15, 2007, Council adopted Resolution No. 07-05-15-02 to declare the City’s
intention to provide for an annual levy and collection of assessments; and
Resolution No. 07-05-15-01 to initiate proceedings for the annual levy of
assessments. Adopting an additional resolution will confirm the assessments for
the districts and authorize the Orange County Auditor-Controller’s Office to
include the assessments on the Property Tax Roll. Staff recommended Council
approve the annual assessments for each Assessor’s Parcel Number located
within the following landscape maintenance districts: Tract 9382 (Belford
Terrace) -- $429.06; Capistrano Royale -- $1,110.00; Tracts 9373/7654 (Los
Corrales) -- $80; Tract 9284 (Seaview) -- $557.00; Tract 8485 (Mission Springs) -
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- $290.00; and Tract 7673 (Mission Woods) -- $200.00; adopt Resolution No. 07-
07-03-02 confirming the assessments and authorizing the Orange County
Auditor-Controller to include the assessments on the property tax roll; and direct
the City Clerk to forward the assessments to the Orange County Auditor-
Controller.
Written Communications:
Report dated July 3, 2007, by Michelle Perea, Administrative Assistant.
Letter dated July 2, 2007, from Mark Speros, City resident, requesting removal of
City-owned Eucalyptus Trees from Avenida Siega as recommended by the City
arborist. Dave Adams, City Manager, advised staff is currently working on Mr.
Speros’ request.
Presentation: Cindy Russell, Administrative Services Director, summarized the
staff report.
Mayor Allevato established that homeowners have been made aware of the
budget shortages, deficits that will occur if no increases are made; and adverse
landscaping impacts that will occur if the assessments are not increased to cover
the costs of services.
Council Member Nielsen ascertained that staff will keep costs down to the annual
assessment for each district, while keeping the same level of service if possible.
He recommended staff be directed to reduce expenditures to match the
assessments for each district unless there is an overwhelming reason of public
aesthetics in order to ensure no blight in areas that impact the entire community.
Mayor Allevato opened the public hearing, and there being no public testimony,
closed the public hearing.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried unanimously, 5-0, to approve the annual
assessments for each Assessor’s Parcel Number located within the following
landscape maintenance districts: ) Tract 9382 (Belford Terrace) -- $429.06;
Capistrano Royale -- $1,110.00; Tracts 9373/7654 (Los Corrales) -- $80; Tract
9284 (Seaview) -- $557.00; Tract 8485 (Mission Springs) -- $290.00; and Tract
7673 (Mission Woods) -- $200.00; direct staff to reduce expenditures to match
assessments unless there is an overwhelming reason of public aesthetics; adopt
Resolution No. 07-07-03-02 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING
THE LEVY OF THE FISCAL YEAR 2007/2008 ASSESSMENTS FOR THE
LANDSCAPE AND OPEN SPACE MAINTENANCE DISTRICTS IN THE CITY
OF SAN JUAN CAPISTRANO;” and direct the City Clerk to forward the
assessments to the Orange County Auditor-Controller.
7-3-2007 7
2. PLANNING COMMISSION DENIAL OF ARCHITECTURAL CONTROL (AC) 02-
07 MODIFICATION NO. 2, JSERRA HIGH SCHOOL SOUTH CAMPUS SIGN
PROGRAM AND SCOREBOARDS, OVERTURNED WITH REVISED SIGNAGE
APPROVED. (RANDALL BOONE SIGNAGE, LIGHTING AND CRANE
SERVICE/PUEBLO SERRA WORSHIP HOLDINGS) (410.60)
Description: In December 2006, applicant Randall Boone Signage, Lighting and
Crane Service, acting on behalf of property owner, Pueblo Serra Worship
Holdings, submitted a request for a sign program and scoreboards for the South
Campus of JSerra High School. The Design Review Committee considered the
proposal at several meetings, substantially modified the original proposal, and
forwarded it to the Planning Commission for consideration. The Planning
Commission considered the proposal at its March 27 and April 24, 2007,
meetings, and voted to deny the application because two of the six required
findings could not be made. The Planning Commission found that 1) The design
of the project is not consistent with the goals, policies, and objectives of the
Community Design Guidelines in that the scoreboards were excessive in size
and height, and greater in number, size and height, of other scoreboards of
nearby school campuses; and 2) The proposed scoreboards were not compatible
with surrounding existing land uses in that some of the scoreboards would be
visible from adjacent public right-of-ways and residential neighborhoods. On May
9, 2007, the applicant filed an appeal of the Planning Commission action to deny
their request, and revised the signage program in response to the Planning
Commission’s comments. Staff feels the additional changes made by the
applicant since the Planning Commission action address some of the concerns
expressed by the Commission and result in signage and scoreboards that are
consistent with the originally-approved plans for the South Campus. Staff
recommended Council adopt a resolution overturning the Planning Commission
denial and approve the applicant’s modified request.
Written Communications:
Report dated July 3, 2007, by William Cunningham, Contract Project
Administrator.
Letter dated July 2, 2007, from Nicole Geiger-Brown, City resident, opposing the
proposed signage and scoreboards due to negative impacts on adjacent homes.
Letter dated July 2, 2007, from Suzanne P. Morris, City resident, opposing the
sign program and scoreboards due to negative impacts to the City’s character,
cultural heritage, and village atmosphere.
7-3-2007 8
Presentations:
William Cunningham, Consulting Project Planner, summarized the staff report.
Randall Boone, Randall Boone Signage, Lighting and Crane Service, appellant,
reviewed the signage proposal, record of working with the City, and changes to
the program made to date.
Tom Waszack, JSerra High School Principal, spoke of the need for athletic
scoreboards and field use.
Mayor Allevato opened the public hearing.
Public Testimony:
Jeff Peo, City resident, Casitas Capistrano 2 Homeowners Association President,
supported the Planning Commission denial because the applicant has not
honored promises made in the past; ignored City guidelines and requests for
cooperation; and negatively impacted adjacent neighborhoods. He spoke on
behalf of his association board and other neighbors at their request.
Trevor Dale, City resident, supported denial of the application as the applicant
has not been a good neighbor and the community does not receive adequate
benefit from the loss of revenue to provide private school facilities.
Lois Huddlestone, City resident, opposed the sign proposal because the school
does not provide enough community use of the site and instead generates
income by leasing the fields.
Jeff Jones, City resident, encouraged Council to support the Planning
Commission denial.
Yvonne Tschaikowsky, City resident, felt the Planning Commission and Design
Review Committee had closely studied the matter and Council should support
their recommendation.
Mayor Allevato closed the public hearing.
Council Comment:
Council Member Uso acknowledged withdrawal over time of his past support for
the school due to the school leadership’s failure to live up to promises to the
community. He understood the school had promised to limit use of the playfields
to practice play. Therefore, he supported the Planning Commission’s denial of
the application because installation of scoreboards was not appropriate, did not
7-3-2007 9
provide public benefit, and would encourage use of the fields that would impact
adjacent neighborhoods.
Council Member Nielsen felt the sign program and scoreboards, as proposed,
are not compatible with the City’s goals or surrounding land uses. He opposed
the proposed scale, lighting, and sponsor advertisement panels. He also felt
certain scoreboards impacted unnecessarily impacted neighbors and views.
Council Member Hribar, Mayor pro tem Soto, and Mayor Allevato supported the
need for scoreboards, but felt the current proposal had issues related to scale,
lighting, location and sponsorship advertising.
Council Members discussed the impacts and merits and reached majority
consensus on individual signs and scoreboards as indicated in the Council
Actions.
Council Actions:
Signage Program: Moved by Council Member Nielsen, seconded by Council
Member Uso, and carried 3-2, with Mayor pro tem Soto and Mayor Allevato
against, to overturn the Planning Commission denial of Architectural Control 02-
07, Modification No. 2 for JSerra High School South Campus Sign Program and
Scoreboards and approve the application for two monument signs, stop signs,
and two gymnasium wall signs, with lighting and sponsorships (gymnasium
name) removed.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Nielsen, Uso
NOES: COUNCIL MEMBERS: Soto, Mayor Allevato
ABSTAIN: COUNCIL MEMBERS: None
Swimming Pool Scoreboard: Moved by Council Member Hribar, seconded
by Mayor pro tem Soto and carried unanimously, 5-0, to overturn the Planning
Commission denial of Architectural Control 02-07, Modification No. 2 for JSerra
High School South Campus Sign Program and Scoreboards and approve the
Swimming Pool Scoreboard with removal of sponsorship panel and scoreboard
height reduced accordingly.
Softball Scoreboard: Moved by Council Member Hribar, seconded by
Mayor pro tem Soto, and carried 3-2, with Council Member Nielsen and Council
Member Uso against, to overturn the Planning Commission denial of
Architectural Control 02-07, Modification No. 2 for JSerra High School South
Campus Sign Program and Scoreboards and approve the Softball Scoreboard
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(as relocated after May 9, 2007 appeal filing) with removal of sponsorship panel,
lowered by height of sponsorship panel, and total width of 18 feet.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Soto, Mayor Allevato
NOES: COUNCIL MEMBERS: Nielsen, Uso
ABSTAIN: COUNCIL MEMBERS: None
Football/Track Scoreboard: Moved by Council Member Hribar, seconded
by Mayor pro tem Soto and carried 3-2, with Council Member Nielsen and
Council Member Uso against, to overturn the Planning Commission denial of
Architectural Control 02-07, Modification No. 2 for JSerra High School South
Campus Sign Program and Scoreboards and approve the Football/Track
Scoreboard with removal of sponsorship panel, lowered by minimum height of
sponsorship panel, and reduced by 15% off each dimension.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Soto, Mayor Allevato
NOES: COUNCIL MEMBERS: Nielsen, Uso
ABSTAIN: COUNCIL MEMBERS: None
Baseball Scoreboard: Moved by Council Member Hribar, seconded by
Mayor pro tem Soto and carried 4-1, with Council Member Uso opposed, to
overturn the Planning Commission denial of Architectural Control 02-07,
Modification No. 2 for JSerra High School South Campus Sign Program and
Scoreboards and approve the Baseball Scoreboard with sponsorship panel
removed and the scoreboard height reduced accordingly, the height limited to the
fence height, with a maximum width of 18-feet.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Nielsen, Soto, Mayor Allevato
NOES: COUNCIL MEMBERS: Uso
ABSTAIN: COUNCIL MEMBERS: None
Staff Direction: Moved by Council Member Nielsen, seconded by Mayor pro tem
Soto and carried unanimously, 5-0, to direct staff to return to Council with a
resolution confirming the City Council’s action.
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RECESS AND RECONVENE
Council recessed at 9:55 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened on July 4, 2007, at 12:04 a.m.
ADMINISTRATIVE ITEMS
G1. ENGINEERING AND BUILDING DIRECTOR
a. CONSIDERATION OF THE GRANT OF A CONSERVATION EASEMENT TO
THE CAPISTRANO UNIFIED SCHOOL DISTRICT – WHISPERING HILLS
CONTINUED WITH DIRECTION TO STAFF. (600.30)
Mayor pro tem Soto recused himself from considering this item due to a business
relationship with Capistrano Unified School District and left chambers. Mayor pro
tem Soto did not return to chambers as this item was the last heard on the
reorganized agenda.
Description: A request from the Capistrano Unified School District (District) that
the City Council approve a conservation easement agreement as part of the
development of San Juan Hills High School. The purpose of the easement is to
satisfy outside resource agency permits which require that certain land area in
the vicinity of the school site be preserved in a natural riparian state in perpetuity.
The easement area is located in an open space area owned by the City,
consisting of approximately 2.5 acres in a drainage area located between the
District high school boundary and Camino Lacouague. The easement area is a
drainage channel and sloped natural riparian area providing an open space
resource asset to the community, and will continue that function under the
easement agreement with the District, with the condition that the District and
developer perform the maintenance obligations to care for the easement area.
Staff recommended Council adopt a resolution approving the conservation
easement agreement granting conservation easement rights to the Capistrano
Unified School District.
Written Communications: Report dated July 3, 2007, by Sam Shoucair, Senior
Engineer.
Presentation: Nasser Abbaszadeh, Engineering & Building Director, summarized
the staff report.
Council Discussion:
Council Member Hribar established the agreement could not be revoked if a
future use, such as access for students or emergency road access for residents,
is desired. Nasser Abbaszadeh, Engineering & Building Director, agreed to
research allowable uses and report back.
7-3-2007 12
Council Members concurred to postpone action on this item until after staff has
discussed with district representatives the potential use of district facilities in
return for granting the easement; and staff has provided additional details
regarding the long term maintenance program proposed for the site.
Council Action: Moved by Mayor Allevato, seconded by Council Member
Nielsen and carried 4-0-1, with Mayor pro tem Soto abstaining, to continue
Consideration of the Grant of a Conservation Easement to the Capistrano Unified
School District – Whispering Hills with direction to staff to discuss with district
representatives development of City/District joint of use of District high school
facilities and other related benefit opportunities in conjunction with City’s further
review and potential approval of the proposed conservation easement; and to
provide the easement maintenance plan for Council review.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Nielsen, Uso, Mayor Allevato
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Soto
ORDINANCES
1. SECOND READING AND ADOPTION OF ORDINANCE 926 AMENDING THE
MUNICIPAL CODE RELATED TO COMMISSIONS AND BOARDS – SECTION
2-2.102 – TERMS OF OFFICE (110.20)
Description: Staff recommended second reading and adoption of an ordinance
that revises the terms of commissioners and committee members to end on
January 31st following the General Municipal Election Day, beginning with the
November 4, 2008, election.
Written Communications: Report dated July 3, 2007, by Meg Monahan, City
Clerk.
Meg Monahan, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Nielsen and carried unanimously, 5-0, to approve second reading and
adoption of Ordinance No. 926 entitled, “AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING MUNICIPAL CODE
SECTION 2-2.102.”
7-3-2007 13
COUNCILMANIC ITEMS
1. APPOINTMENTS TO CITY COMMISSIONS SELECTED. (PLANNING
COMMISSION, CULTURAL HERITAGE COMMISSION, AND
TRANSPORTATION COMMISSION) (110.10)
Description: Over the past several months the City Council has declared several
positions vacant on City commissions. The Mayor’s subcommittee has made
recommendations for appointment based on application review and interviews.
Staff recommended Council receive and consider the Mayor’s subcommittee’s
recommendation for appointments to City Commissions; and by motion, appoint
applicants to fill the positions.
Written Communications: Report dated July 3, 2007, by Meg Monahan, City
Clerk.
Presentations:
Meg Monahan, City Clerk, reviewed the staff recommendation.
Council Comment:
Mayor Allevato reviewed the procedures he and Council Member Hribar followed
during the applicant review process; and discussed the qualifications,
experience, and rationale for their recommendations.
Council Member Uso abstained from the Planning Commission vote, noting he
does not personally know Ms. Kerr and therefore cannot endorse, nor oppose
her appointment.
Council Actions:
Planning Commission: Moved by Council Member Hribar, seconded by
Mayor pro tem Soto, and carried 4-0-1, with Council Member Uso abstaining, to
appoint Virginia Kerr to serve as Planning Commissioner, term ending January
31, 2008.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Nielsen, Soto, Mayor Allevato
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Uso
7-3-2007 14
Cultural Heritage Commission: Moved by Mayor pro tem Soto, seconded by
Council Member Hribar, and carried unanimously, 5-0, to appoint Nathan Banda
and Alana Jolley to serve as Cultural Heritage Commissioners, terms ending
January 31, 2008.
Transportation Commission: Moved by Council Member Hribar, seconded
by Mayor pro tem Soto, and carried unanimously, 5-0, to appoint Matt Gaffney
and Lawrence Kramer to serve as Transportation Commissioners, terms ending
January 31, 2008.
Staff Announcements:
Dave Adams, City Manager, reported 1) a small fire occurred during the Council
meeting. A quick response by safety officers brought the situation under control and
several juveniles were apprehended for use of illegal fireworks; and 2) California
Transportation Department (CALTRANS) is expected to release the Ortega Widening
environmental document on July 10, 2007. Staff is preparing to pursue legal action
should the release not include an environmental impact report, per previous direction by
the City Council.
ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting on July 4, 2007,
at 12:50 a.m. to Tuesday, July 17, 2007, at 5:30 p.m. for Closed Session and 7:00 p.m.
for the Public Business Session in the City Council Chamber.
Respectfully submitted,
_________________________________
MARGARET R. MONAHAN, CITY CLERK
Approved: August 7, 2007
ATTEST:
__________________________________
SAM ALLEVATO, MAYOR