07-0904_CC_Minutes_Regular Meeting9-4-2007 1
MINUTES
SEPTEMBER 4, 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 5:32 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; Cynthia L. Russell, Assistant City
Manager; Lois Bobak, Deputy City Attorney; Omar Sandoval; Deputy City Attorney;
Nasser Abbaszadeh, Engineering & Building Director; Steven A. Apple, Planning
Director; and Meg Monahan, City Clerk.
CLOSED SESSION (610.85)
A Closed Session was held for the following purposes, as authorized by statute:
1. Pursuant to Government Code section 54956.9, the City Council conferred with
its legal counsel regarding the status of the claim of San Juan Hills, LLC
2. Pursuant to Government Code Section 54956.9, the City Council conferred with
its legal counsel regarding the status of Scalzo Trust v. City of San Juan
Capistrano. (Mayor pro tem Soto abstained from this discussion)
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 7:03 p.m. in the City Council Chamber. Council Member
Hribar led the Pledge of Allegiance and Mayor pro tem Soto gave the invocation.
9-4-2007 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; Omar Sandoval, Deputy City Attorney;
Meg Monahan, City Clerk; Cynthia L. Russell, Assistant City Manager; Nasser
Abbaszadeh, Engineering & Building Director; Steve Apple, Planning Director; Karen
Crocker, Community Services Director; Lt. Mike Betzler, Chief of Police Services; Grant
Taylor, Assistant Planning Director; Ziad Mazboudi, Senior Civil Engineer; Sam
Shoucair, Senior Engineer; Douglas Dumhart, Economic Development Manager; and
Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Nielsen reported his return from vacation and a meeting with staff.
Council Member Hribar reported attending meetings with staff and constituents; the
press conference kick-off of the Book Drive for Marine Battalion 1/11 families; a South
Orange County Wastewater Authority meeting; and a San Juan Summer Nites concert.
Council Member Uso reported attending a meeting of the Chamber of Commerce,
Economic Development Committee. He volunteered to be the Council liaison to the
committee. He also attended discussions regarding a proposed desalination plant in
Dana Point and staff discussions regarding development of neighborhood dog parks.
Mayor pro tem Soto reported attending a Water Advisory Commission meeting which
included a presentation on a proposed Dana Point desalination plant. He suggested the
presentation be made to the Council. He also attended a concert at the Mission.
Mayor Allevato reported attending Orange County Transportation Authority meetings, a
Transportation Corridors meeting, and the joint meeting with the Planning Commission
and Design Review Committee to discuss the Vaquero West Building remodel.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen reported that the September 10, 2007, Open Space
Committee was canceled, with the next meeting scheduled for the first Monday in
October. The next meeting will feature an Open Space Plan Update, results of the
Recreation Needs Assessment, and Financial Subcommittee report.
9-4-2007 3
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: a multicultural art series; Chamber networking events; the Boys
& Girls Club of Capistrano Valley annual benefit; the annual Historical Society
barbeque; a Capistrano Center for the Performing Arts annual event; a Mission San
Juan Capistrano gala concert; the J. F. Shea Therapeutic Riding Center annual
barbeque; the annual Creek Cleanup; a San Juan Summer Nites concert; and an
electronic waste collection.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. LONG TERM EMPLOYEE SAM SHOUCAIR RECOGNIZED. (730.90)
Nasser Abbaszadeh, Engineering and Building Director, recognized Sam
Shoucair, Senior Engineer, for 15 years of service to the City; and Mayor Allevato
presented him with a Certificate of Recognition.
2. MAJOR SPONSORS OF THE 2007 4TH OF JULY CELEBRATION, MEDIX
AMBULANCE SERVICE, MAMMOTH EQUITIES AND FLUIDMASTERS, INC.,
RECOGNIZED.(610.40)
Karen Crocker, Community Services Director, recognized Medix Ambulance
Service, Mammoth Equities, and Fluidmasters, Inc. for sponsorship in the 2007
4th of July Celebration; and Mayor Allevato presented them with plaques
recognizing their contributions.
3. SEPTEMBER 15, 2007, PROCLAIMED AS INNER-COASTAL WATERSHED
CLEANUP DAY (610.40)
Ziad Mazboudi, Senior Civil Engineer, announced upcoming community
environmental events. Mayor Allevato presented a proclamation to Ziad
Mazboudi, Site Captain, designating September 15, 2007, as Inner-Coastal
Watershed Cleanup Day.
4. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Soto introduced the following individuals in attendance: Laura
Freese, Housing Advisory Committee; Erin Kutnick, Transportation Commission;
Les Blair, Council Liaison to the San Juan Seniors; and Robert Cardoza,
Planning Commissioner.
ORAL COMMUNICATIONS
Don Vanderlain, City resident, expressed concern that the approved Belladonna project
has not progressed. The project was to include a retaining wall to stabilize a slope
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adjacent to his property, which may become unstable if there are heavy rains this
winter. Mayor Allevato announced this item had been discussed during closed session
and parties were moving forward toward resolution.
Joan Irvine Smith, City resident, announced that her attorneys were nearing completion
of comments to the Caltrans Ortega Widening environmental processing. She sought
assurances that the Council would be filing a response with Caltrans as well. Dave
Adams, City Manager, reported that the City’s counsel would also be filing comments
and the document would be available to the public after filing.
Erin Kutnick, City resident, announced the successful opening of the new San Juan Hills
High School, attended by the freshman class. She thanked Dave Adams, City Manager
and Lt. Mike Betzler, Chief of Police Services, for their involvement in the opening day
ceremonies.
CONSENT CALENDAR
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem
Soto, and carried unanimously, 5-0, to approve items 1 and 3 through 7 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 7, 2007,
APPROVED WITH REVISION.
This item was removed from the Consent Calendar by Mayor pro tem Soto for
revision.
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro
tem Soto, and carried unanimously, 5-0 to approve Minutes of the Regular City
Council meeting of August 7, 2007, with the following revision: Consent Calendar
item 11, motion to read “Moved by Mayor pro tem Soto, seconded by Mayor pro
tem Soto Council Member Uso…”
3. MINUTES OF THE ADJOURNED REGULAR MEETING OF AUGUST 13, 2007,
APPROVED.
4. ACCOUNTS PAYABLE WARRANTS, DATED AUGUST 16, 2007, IN THE
AMOUNT OF $1,335,258.13; AND PAYROLL WARRANTS, DATED AUGUST
24, 2007, IN THE AMOUNT OF $306,335.07, RECEIVED AND FILED. (300.30)
5. CASH BALANCES BY FUND – MONTH ENDING JUNE 30, 2007, RECEIVED
AND FILED. (330.50)
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6. NEW DEVELOPMENT APPLICATIONS STATUS REPORT – MONTH ENDING
AUGUST 15, 2007, RECEIVED AND FILED. (440.10)
7. CLAIM AGAINST THE CITY BY PATRICK MICKLE DENIED BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY’S INSURANCE
ADJUSTER, CARL WARREN & ASSOCIATES. (170.10)
8. RESOLUTION NO. 07-09-04-01 ADOPTED CONCERNING PUBLIC
NOTIFICATION POLICIES. CITY COUNCIL PRIORITY 18B (150.10)
This item was removed from the Consent Calendar by Council Member Hribar in
order to oppose the resolution because of the requirement that small projects
necessitate City-wide notification and associated costs for the applicants.
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro
tem Soto, and carried 4-1, with Council Member Hribar against, to adopt
Resolution No. 07-09-04-01, entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A
PUBLIC NOTIFICATION POLICY FOR DEVELOPMENT PROJECTS SUBJECT
TO PUBLIC HEARING NOTICING AND A PROJECT INFORMATION SITE
SIGNAGE POLICY FOR CERTAIN DEVELOPMENT APPLICATIONS.”
ROLL CALL
AYES: COUNCIL MEMBERS: Nielsen, Soto, Uso, Mayor Allevato
NOES: COUNCIL MEMBERS: Hribar
ABSTAIN: COUNCIL MEMBERS: None
9. MAYOR TO FORM A SUBCOMMITTEE TO ADDRESS UNRESOLVED ISSUES
CONCERNING THE CHILI COOK OFF SPECIAL EVENT PERMIT.
(HOMEFRONT AMERICA AND/OR HABITAT FOR HUMANITY OF ORANGE
COUNTY, INC.) (150.60)
Description: the City has received applications from two different non-profit
organizations for a special activities permit for the 14th Annual Swallows Inn
Regional Chili Cook Off scheduled for Saturday, October 13, 2007. Staff
recommended Council 1) Authorize staff to approve a special activities permit for
the Chili Cook Off event; and 2) Direct staff to designate a specific non-profit
organization’s application to be process for the Chili Cook Off special event if the
two organizations are not able to coordinate the event.
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Written Communications:
Report dated September 4, 2007, by Lynnette Lehmann, Management Analyst II.
Letter dated August 31, 2007, from Cheryl Krupp, The Swallow’s Inn, 31786
Camino Capistrano, San Juan Capistrano, CA 92675, announcing that Habitat
for Humanity would be the sponsoring charity for the 14th Annual Chili Cook Off.
Presentation: Lynnette Lehmann, Management Analyst II, reviewed the staff
recommendation.
Public Comment:
Mark Korando, representing Habitat for Humanity, stated he was surprised to
learn of a competing application from Homefront America to sponsor the Chili
Cook Off event. He expressed concerns that there may be restrictions in
Habitat’s nonprofit status that prevent certain types of distribution of event
proceeds. He withdrew the event sponsorship application by Habitat for
Humanity from consideration.
Adam Maywhort, City resident, representing Homefront America, Inc., said his
organization was formed to support military families. They were invited to host
the event, put a good deal of effort into planning the event, and then were
informed, without explanation, that Habitat for Humanity would be sponsoring the
event. He would like an explanation as to why they were replaced.
Cheryl Krupp, representing the Swallows Inn, was concerned with working with
Homefront because they did not have event sponsors. Because too many issues
needed to be resolved for the event to proceed with Homefront, she decided to
enlist help from Habitat for Humanity to organize the event, with the proceeds
benefiting the 1/11 Marine Battalion.
Mamie Yong Maywhort, City resident, representing Homefront America, felt
questions needed to be answered regarding event restrictions imposed by the
City and Swallow’s Inn denial to work with them as an event sponsor.
Arthur Hasselbrink, City resident, representing Homefront America, did not
understand the involvement in the event by Habitat for Humanity, because
Homefront had worked very hard to plan the event.
Council Comment:
Mayor Allevato stated for the record that he and Council Member Hribar met with
Swallow’s Inn representatives, who elected to donate proceeds from the event to
the 1/11 Marine Battalion.
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Mayor pro tem Soto and Commissioner Uso volunteered to serve on a Mayor’s
Committee to meet with Swallow’s Inn representatives, charities’ representatives,
and staff to work together to resolve the outstanding issues.
Council Action: Moved by Mayor Allevato, seconded by Mayor pro tem Soto
and carried unanimously, 5-0, to recommend that Mayor Allevato form a
subcommittee of two Council Members to work with the applicant to address
unresolved issues related to the proposed Chili Cook Off.
10. MONTHLY DOWNTOWN ART SHOW CONCEPT APPROVED. (TOURISM
SUMMIT COMMITTEE) (900.50)
This item was removed from the Consent Calendar by Council Member Nielsen
to recommend waiver of the City’s Special Activities Fee to encourage the
event’s success.
Public Comment:
Letter dated August 28, 2007, from Randi Peshkin, Chair, Tourism Summit Art
Show Committee, supporting the Art Fair and requesting assistance from the
City.
Randi Peshkin, Chair, Tourism Summit Committee and City resident, provided an
overview of the event and thanked the City for their help.
Tom Scott, City resident, supported the event and felt other tourism events
should be considered in the future.
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro
tem Soto and carried unanimously, 5-0, to approve concept of a monthly art
show on public and private property in the downtown area; waive the initial
Special Activities Fee; and direct staff to proceed with multi-departmental
coordination with the applicant on numerous issues.
PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 8:30 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 9:30 p.m.
9-4-2007 8
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. MEMORANDUM OF UNDERSTANDING WITH IRAJ DOURAGHI FOR THE
DISPOSITION OF THE SDG&E TROUBLEMAN’S COTTAGE APPROVED.
(600.30/670.70)
Description: In response to direction given at the April 4, 2007, City Council
meeting, staff and Mr. Douraghi have worked together to prepare of
Memorandum of Understanding (MOU) to define the terms for the transfer of
ownership and the responsibilities for the disposition of the SDG&E
Troubleman’s Cottage. Staff recommended Council approve the MOU with Iraj
Douraghi for the disposition of the SDG&E Troubleman’s Cottage.
Written Communications: Report dated September 4, 2007, by Douglas
Dumhart, Economic Development Manager.
Presentation: Douglas Dumhart, Economic Development Manager, summarized
the staff report.
Public Comment:
Iraj Douraghi, City resident, said he had the funds available to proceed with the
project, which would be completed within one year of approval.
Monica Mukai, City resident, supported the project and felt it was important that it
move forward concurrently with the Site Plan Review.
Bill Hardy, City resident, felt the project was a win-win for the City and Mr.
Douraghi and supported it moving forward.
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro
tem Soto, and carried unanimously, 5-0, to approve the Memorandum of
Understanding with Iraj Douraghi for the disposition of the SDG&E Troubleman’s
Cottage.
ORDINANCES
1. ORDINANCE NO. 930 ADOPTED AMENDING THE MUNICIPAL CODE
RELATED TO HEARING PROCEDURES FOR REVOCATION OR NON-
RENEWAL OF MASSAGE THERAPY LICENSES. (390.60)
Description: Staff recommended Council approve second reading and adoption
of the Ordinance amending the municipal code related to hearing procedures for
revocation or non-renewal of Massage Therapy Licenses.
9-4-2007 9
Written Communications: Report dated September 4, 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 adopt Ordinance No. 930,
entitled, “AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 5-24.17 OF CHAPTER
24 “REGULATION OF MASSAGE THERAPY” RELATED TO HEARINGS FOR
REVOCATION OR NON-RENEWAL OF MASSAGE LICENSES.”
COUNCILMANIC ITEMS
Council Member Hribar suggested a signage solution to discourage freeway users from
attempting to cut through town from Avery Parkway, south. This occurs when the I-5
backups, causing significant impact on our downtown traffic. Nasser Abbaszadeh,
Engineering & Building Director, reported that posting traffic signage that did not pertain
to all traffic, eventually becomes ineffective. Dave Adams, City Manager,
recommended the issue be considered by the Transportation Commission.
ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting at 10:07 p.m. to
the Regular Scheduled Meeting of Tuesday, September 18, 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: October 2, 2007
ATTEST:
__________________________________
SAM ALLEVATO, MAYOR