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07-0918_CC_Minutes_Regular Meeting9-18-2007 1 MINUTES SEPTEMBER 18, 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 6:01 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; 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 a claim by San Juan Hills, LLC. 2. Pursuant to Government Code section 54956.8, the City Council conferred with its real property negotiator (City Manager) regarding the terms and conditions of possible purchase of real property described as Assessor’s Parcel # 121-070- 63. The owner of the property is Mehdi Rahimi. 3. Pursuant to Government Code section 54956.9, the City Council conferred with its legal counsel regarding the status of City of San Juan Capistrano v. City of Laguna Niguel, et al. 4. Pursuant to Government Code section 54957, the City Council was scheduled to review the performance of the City Attorney’s office. This item was not discussed. 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. 9-18-2007 2 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. 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; John Shaw, 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; Douglas Dumhart, Economic Development 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 attending the League of California Cities conference and the Indigenous Peoples Festival. Council Member Nielsen reported attending the League of California Cities conference; the Mission San Juan Capistrano Gala; and Broadway Under the Stars; and he announced an upcoming benefit for the South Coast Medical Center. Council Member Hribar reported attending the League of California Cities conference and served as the voting delegate, supporting the League’s grass roots efforts and dispersal of group homes within cities. He attended a fundraiser for the Boys & Girls Club of Capistrano Valley; annual creek cleanup; a reception for Capistrano Unified School District Interim Superintendent, Woodrow Carter; and a South Orange County Waste Water Authority meeting. Mayor pro tem Soto reported attending a Camino Health Center 25th anniversary event; a tour of Diamond Valley Lake by Metropolitan Water District of Orange County; a Historical Society barbeque; a “Transportation Movement” panel discussion; Integrated Waste Management Commission meeting; League of Cities meeting; the Mission San 9-18-2007 3 Juan Capistrano Gala; the annual creek cleanup event; the Shea Center barbeque; and the Indigenous Peoples Festival. Cynthia L. Russell, Assistant City Manager, responded to his inquiry concerning MTBE levels that may threaten City water resources. She reported that the County Health Department is working with Chevron to monitor and resolve pollutant levels. She and the Water Advisory Commission receive regular reports. She agreed to provide an update concerning the status of the site and future plans to the Council at a future meeting. Mayor Allevato reported attending the Camino Health Center 25th Anniversary event; Boys & Girls Club of Capistrano Valley fundraiser; the Historical Society barbeque; and the Mission San Juan Capistrano Gala. He met with the manager of Best Western Hotel concerning impact on their business related to potential loss of the Blenheim Farm events and commented on the successful Leadership Academy program. He participated in a meeting attended by numerous regional equestrian, open space, and environmental organizations concerning trail, open space, and related issues. He attended a transportation related event sponsored by the Coastal Chamber; and met with the Orange County Fire Chief to begin discussion of an upcoming 20 year agreement. Mayor Allevato announced the retirement of John Shaw, City Attorney, which will occur later this year. He recognized the City Attorney for 35 years of public service, 17 of which benefited the City. Omar Sandoval, Deputy City Attorney, Woodruff, Spradlin & Smart, will transition into the City Attorney position. John Shaw, City Attorney, thanked the Council and community for the extreme honor to be of service and announced he and his wife looked forward to enjoying their retirement in the community and serving in volunteer activities. OPEN SPACE COMMITTEE REPORT Council Member Nielsen announced the next meeting of the Open Space Committee to be held on October 1, 2007, at 7:00 p.m. at the Community Center. The San Juan Basin Authority will make a presentation regarding a proposed ground water recharging facility for the City’s open space area; and subcommittee reports will be presented. ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced the following upcoming communitywide events: the last San Juan Summer Nites concert; a Recreation Needs Assessment workshop; an E-Waste collection event; and a Fiesta de las Golondrinas kick off barbeque. 9-18-2007 4 INTRODUCTIONS, PRESENTATIONS, AND DONATIONS 1. FORMER CULTURAL HERITAGE COMMISSIONER DAVID BELARDES RECOGNIZED. (610.40) Meg Monahan, City Clerk, recognized David Belardes, former Cultural Heritage Commissioner, for his tenure on the Commission. Staff accepted a recognition plaque on Mr. Belardes’ behalf as he was unable to attend tonight’s meeting. 2. WEEK OF SEPTEMBER 17 THROUGH SEPTEMBER 23 DESIGNATED AS CONSTITUTION WEEK. (610.40) Mayor Allevato proclaimed the week of September 17 through September 23 as Constitution Week and presented Ann Sloan Jones of the San Clemente Chapter of the National Society of Daughters of the American Revolution with the proclamation. 3. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10) Mayor pro tem Soto introduced the following individuals in attendance: Joann Marquez and Laura Freese, Housing Advisory Committee; Larry Kramer, Transportation Commission; Gene Ratcliffe and Robert Cardoza, Planning Commission; and Ron Roberts, Battalion Chief, Orange County Fire Authority. ORAL COMMUNICATIONS Joan Irvine Smith, City resident, thanked the Council for demanding a full Environmental Impact Report from Caltrans regarding the proposed widening of the Ortega Highway. She urged initiation of litigation should they not comply. Mamie Yong Meywhort, City resident, representing Homefront America, said her organization has withdrawn their application to hold the Chili Cook-Off as the Swallows Inn would not execute a memorandum of understanding that provided for the event plan. She complimented the professionalism of the Council and staff. Arthur Hasselbrink, City resident, representing Homefront America, suggested the Council contact the Swallows concerning the money they had received from sponsors and either return the money or donate it to the Marine 1/11 Battalion committee. Mayor Allevato suggested the Council subcommittee handle the communication. 9-18-2007 5 CONSENT CALENDAR Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Hribar, and carried unanimously, 5-0, to approve items 1 through 5 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF AUGUST 21, 2007 APPROVED AS SUBMITTED. 3. MINUTES OF THE CITY COUNCIL, PLANNING COMMISSION, AND DESIGN REVIEW COMMITTEE ADJOURNED REGULAR JOINT WORKSHOP OF AUGUST 22, 2007, APPROVED AS SUBMITTED. 4. ACCOUNTS PAYABLE WARRANTS, DATED AUGUST 30, 2007, IN THE TOTAL AMOUNT OF $1,472,855.26; AND PAYROLL WARRANTS DATED SEPTEMBER 7, 2007, IN THE TOTAL AMOUNT OF $284,132.53, RECEIVED AND FILED. (300.30) 5. REPORT OF INVESTMENTS – MONTH ENDING JULY 31, 2007, RECEIVED AND FILED. (350.30) 6. REVISED CONSTRUCTION CONTRACT FOR THE AVENIDA PLACIDA HABITAT RESTORATION PROJECT AWARDED TO NATURE’S IMAGE. (AVENIDA PLACIDA) (FEMA DR-1585) (600.30) This item was removed from the Consent Calendar by Council Member Nielsen to ascertain certain conditions were included in the bid specifications; and to recommend adding language to specify the order of precedence for the various contract documents. Council Action: Moved by Council Member Nielsen, seconded by Mayor Allevato and carried unanimously, 5-0, to revised the Avenida Placida Habitat Restoration project construction contract to indicate the order of precedence of the various contract documents; award the contract to Nature’s Image, Inc., in the amount of $182,537.00; and authorize the City Manager to execute the agreement and approve necessary changes to the construction contract within the project budget. 7. REVISED REGULAR MEETING SCHEDULE OF THE CITY COUNCIL APPROVED. (610.15) This item was removed from the Consent Calendar by Council Member Nielsen to announce he would not be able to attend the meeting scheduled for December 18, 2007. 9-18-2007 6 Council Members concurred that staff should return to Council with an agenda report that would address the possibility of revising the regular meetings to start at 5:00 pm for closed session and 6:00 pm for the public business session. Council Action: Moved by Council Member Uso, seconded by Council Member Hribar, and carried unanimously, 5-0, to approve the revised City Council meeting schedule and canceling the regular meeting scheduled for January 1, 2008. 8. RESOLUTION NO. 07-09-18-01 ADOPTED AUTHORIZING APPLICATION TO SEEK GRANT FUNDS FOR CONSTRUCTION OF DOWNTOWN BUS SHELTERS. (940.40) This item was removed from the Consent Calendar by Council Member Nielsen to recommend staff research less expensive alternatives for bus shelter installations. Mayor Allevato requested staff research constructing a depot or shelter at the Metrolink Station for use by train customers. Council Action: Moved by Council Member Nielsen, seconded by Council Member Uso, and carried unanimously, 5-0, to adopt Resolution No. 07-09-18- 01, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION DEVELOPMENT ACT (TDA) PROGRAM FOR DOWNTOWN BUS SHELTER PROJECT;” prohibit staff from expending funds for construction of bus shelters without Council approval; and direct staff to investigate less expensive alternatives for installation of bus shelters. 9. CONSIDERATION OF FEE WAIVER FOR CHILI COOK OFF SPECIAL ACTIVITIES PERMIT WITHDRAWN FROM CONSIDERATION. (HOMEFRONT AMERICA) (390.30) This Item was withdrawn from the agenda following cancellation of the event by the sponsor. PUBLIC HEARINGS 1. ALLOCATION OF FISCAL YEAR 2007/2008 CITIZENS’ OPTION FOR PUBLIC SAFETY (COPS) GRANT FUNDS APPROVED. (580.10) Description: During Fiscal Year 2007/2008, the City of San Juan Capistrano will receive no less than $100,000 from a State-funded Citizens’ Option for Public Safety (COPS) grant to enhance front line law enforcement. Since Fiscal Year 9-18-2007 7 1996/1997, when a Deputy Sheriff position was added to Police Services, the City has utilized these funds to offset a portion of the cost of the that Deputy Sheriff position. Staff recommended Council use the money appropriated by the COPS Grant to fund a portion of the cost of the Deputy Sheriff for the 2007/2008 Fiscal Year. Written Communications: Report dated September 18, 2007, by Lt. Mike Betzler, Chief of Police Services. Presentation: Lt. Mike Betzler, Chief of Police Services, summarized the staff report. Mayor Allevato opened the public hearing. Public Testimony: Trevor Dale, City resident, did not support the past Council action to replace a motorcycle officer with a school resource officer and suggested the COPS money be used to fund another motorcycle officer position instead. Mayor Allevato closed the public hearing. Lt. Mike Betzler, Chief of Police Services, reported the City currently has an excellent enforcement index which has been maintained for the last fiscal year, despite a significant time period when a motorcycle officer was off duty due to injury. He agreed to provide quarterly reports of the enforcement index to the Council for monitoring purposes. Council Members concurred that staffing modifications based on enforcement data. Council Action: Moved by Council Member Uso, seconded by Council Member Hribar, and carried unanimously, 5-0, to allocate the $100,000 COPS funds toward the cost of a Deputy Sheriff for the Fiscal Year 2007/2008. 2. TEMPORARY STREET CLOSURES FOR THE SECOND SATURDAY ART SHOW EVENTS APPROVED (150.60/900.50) Description: The City received two applications for temporary street closures for special events. The first application is for the proposed Chili Cook Off, which has since been withdrawn. The second application is for a Second Saturday Art Show to be held in the downtown on the second Saturday of every month. Staff recommended Council approve the temporary street closures for the Second Saturday Art Show to be held the second Saturday of every month for a six- month period effective from the date of the first art show. Written Communications: Report dated September 18, 2007, by Lynnette Lehmann, Management Analyst II. 9-18-2007 8 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 Member Nielsen recommended the City waive the costs associated with the street closures and special events for the six month trial period. Council Member Uso ascertained the special event permit can be conditioned to allow the applicant to make arrangements to install, remove, and return the barricades to the City. Steve Apple, Planning Director, offered to assist the applicant to manage the barricades; and can arrange for staff to take over in the future if needed. Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Uso and carried unanimously, 5-0, to approve Temporary street closures for the Second Saturday Art Show, for the second Saturday of every month for a six month period effective from the date of the first art show, waiving the applicant’s costs associated with street closures while the applicant installs, removed, and returns street barricades to the City. RECESS AND RECONVENE Council recessed at 8:17 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 8:18 p.m. ADMINISTRATIVE ITEMS G1. CITY CLERK a. RESOLUTION NO. 07-09-18-02 ADOPTED CALLING AN ELECTION CONCERNING THE PROPOSED ADOPTION OF AN ORDINANCE REQUIRING VOTER APPROVAL OF OPEN SPACE GENERAL PLAN DESIGNATION CHANGES; RESOLUTION NO. 07-09-18-03 ADOPTED REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO PROVIDE ELECTION SERVICES; RESOLUTION NO. 07-09-18-04 ADOPTED SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS; AND RESOLUTION NO. 07-09-18-05 ADOPTED PROVIDING FOR FILING OF REBUTTAL ARGUMENTS. CITY COUNCIL PRIORITY NO. 9A (630.30) Description: On July 17, 2007, Council directed the City Clerk to return to Council in 60 days with appropriate resolutions to formally select a ballot day for the purpose of placing a measure on the ballot related to requiring voter approval 9-18-2007 9 for General Plan Open Space designation changes. The City’s cost to place the measure on the City’s General Municipal Election Ballot of November 4, 2008, is $2,500; on the Special Election Consolidated with Statewide Elections on February 5, 2008, or June 3, 2008, is $30,000; and for a stand alone election with date to be determined by Council is $60,000 to $75,000. Staff recommended Council select the Election Day for the voters to decide whether to require voter approval for General Plan Open Space designation changes; if necessary, appropriate the designated funds from the General Fund Reserve; and adopt resolutions calling for the election and placing the measure on the ballot; requesting the Orange County Registrar of Voters to provide election services; establishing priorities for receipt of ballot arguments; and providing for the submittal of rebuttal arguments. Written Communications: Report dated September 18, 2007, by Meg Monahan, City Clerk. Presentation: Meg Monahan, City Clerk, summarized the staff report. Council Comment: Council Members concurred to select November 4, 2008, as the Election Day for the voters to decide whether to require voter approval for General Plan Designation Changes because it is the least expensive option and it coincides with a Presidential Election when the highest voter turnout is anticipated. Council Members Nielsen and Uso volunteered to write the ballot argument in favor of the measure. Council Members concurred that they would like the argument returned for Council consideration and possible inclusion of additional Council Member signatures. Council Actions: Moved by Council Member Nielsen, seconded by Council Member Uso and carried unanimously, 5-0, to adopt Resolution No. 07-09-18-02, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY NOVEMBER 4, 2008, FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO THE PROPOSED ADOPTION OF AN ORDINANCE REQUIRING VOTER APPROVAL OF OPEN SPACE GENERAL PLAN DESIGNATION CHANGES;” Resolution No. 07-09-18-03, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008;” Resolution No. 07-09-18- 04, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN 9-18-2007 10 JUAN CAPISTRANO, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE” designating Council members Nielsen and Uso to file a written argument in favor of the measure; and Resolution No. 07-09-18-05, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS.” Moved by Council Member Nielsen, seconded by Council Member Hribar, and carried unanimously, 5-0, to direct that before a written arguments by the designated Council Members are filed with the Elections Official, the arguments are to be considered by the City Council to allow other Council Members to consider signing the argument. G2. PLANNING DIRECTOR a. RESOLUTION NO. 07-09-18-06, INITIATING CONSIDERATION OF A GENERAL PLAN AMENDMENT AND REZONE FOR THE MIXED USE RETAIL- RESIDENTIAL DEVELOPMENT AT THE SOUTHEAST CORNER OF SAN JUAN CREEK ROAD AND VALLE ROAD, ADOPTED WITH REVISIONS. (DISTRITO LA NOVIA) (440.25/460.20) Description: The property owner has petitioned the City for a General Plan Amendment (GPA) and Rezone (RZ) to allow a mixed use retail-residential development with 206 dwelling units and retail uses for a property located at San Juan Creek Road and Valle Road currently General Plan designated “Planned Community” and zoned accordingly. Staff has prepared a resolution to initiate consideration of the proposed GPA and RZ in accordance of the City’s Land Use Code requirements, which does not indicate any intention to approve or deny the subject applications. Staff recommended Council adopt the resolution initiating consideration of the General Plan Amendment and Rezone for the mixed use residential development. Written Communications: Report dated September 18, 2007, by Larry Lawrence, Consulting Case Planner. Supplementary Agenda Report dated September 18, 2007, by Larry Lawrence, Consulting Case Planner. Letter via email dated September 13, 2007, from Heather Davis, City resident, opposed to the residential portion of the project because of its high density. Letter via email dated September 16, 2007, from Bill Palmer, City resident, opposed to the project due to its high density. 9-18-2007 11 Letter via email dated September 15, 2007, from Carol Heim, City resident, opposed to the project due to traffic congestion and potential water shortage issues. Letter via email dated September 16, 2007, from Shelagh Hegarty, City resident, opposed to the project due to traffic impacts and suggesting construction of a hotel instead. Letter via email dated September 16, 2007, from Karen Qualls, City resident, opposed to the proposed project because it will greatly increase traffic, ruin the City’s character and peaceful ambiance, and negatively affect San Juan Capistrano existing businesses. Letter via email dated September 16, 2007, from John & Ellen Wikle, City residents, opposed to any high density project that would increase traffic in an already congested area; and supporting projects that would enhance the City’s historic charm. Letter via email dated September 17, 2007, from Mary Kelly, City resident, opposed to residential or commercial development of the site due to existing traffic congestion and tepid downtown retail; and supporting a boutique hotel instead. Letter via email dated September 17, 2007, from Darrell and Fran Hill, City residents, opposed to the proposed development due to its density and for the benefit of the City’s existing struggling merchants. Letter via email dated September 17, 2007, from Laurie Seymour, City resident, opposed to the project due to its massing and density; and the existing high inventory of residential homes and vacant retail buildings. Letter via email dated September 17, 2007, from Tom Costello, City resident, opposed to the project due to its density and the existing traffic congestion. Letter via email dated September 17, 2007, from Yvonne Tschaikowsky, City resident, opposed to the project due to its proposed high density, lack of need in the City for additional residential units, and second-rate retail that may negatively affect merchants in the downtown area. Letter via email dated September 17, 2007, from Ken Young, City resident, opposed to the dense project due to potential traffic impacts. Presentation: Larry Lawrence, Consulting Case Planner, summarized the staff report. He noted staff is required through the City’s Land Code to process the request, which will allow for full environmental and staff analysis, forwarding of recommendation from relevant commissions and committees to the City Council, 9-18-2007 12 and for the developer to make his case regarding the merits of the proposal. The applicant pays for the staff time to review the request; and initiating the process does not indicate eventual approval of the project. Public Comment: Shelagh Hegarty, City resident, felt the proposal was too large and would impact residents with pollution, noise and traffic. Bill Palmer, City resident, felt the proposal had an unreasonable density and would make the city unlivable. Russell Welsh, City resident, opposed the proposal as it would impact the entire city and detract from downtown commerce. Renee C. Taylor, City resident, opposed increased development due to freeway noise congestion and other impacts. She recommended a botanical garden instead. Sally Bumbulis, City resident, felt the proposal was not appropriate for the land and the area should be kept rural as open space. Yvonne Tschaikowsky, City resident, felt the proposal was too large for a hillside parcel and too intense. She felt the development would conflict with a general plan policy to preserve the viability of the downtown. Trevor Dale, City resident, felt the project was part of the original “meadows” project and should be rejected as there was no City benefit to the rezone. It would add traffic, impact downtown businesses, and negatively affect the City’s small town character. Adam Meywhort, City resident, felt more focus should be placed on long term open space management for developments. Developers should be held to high standards. Robb Cerruti, applicant, Advanced Real Estate Services, reviewed the proposed development of a village type project that would include a retail component. The project would benefit the City’s tax revenue; and provide convenient shopping and affordable housing. Mike Johnson, Dana Point resident, opposed the project as it would reduce open space and was too dense for the site. Brent Kittle, Plant Depot, 33413 San Juan Creek Road, supported initiating the project processing as the City needs businesses in this area and the development would assist in improving San Juan Creek Road. 9-18-2007 13 Council Comment: Council Members Nielsen, Hribar, Soto and Mayor Allevato concurred to approve initiating the General Plan Amendment and Rezone processes, while citing significant concerns with the density, scale, and other features of the current proposal. Council Member Nielsen suggested that initiating the processes offered certain advantages to the City such as beginning a dialogue with the applicant, at the applicant’s expense, that may result in a project that would benefit the community and could lead to potential reevaluation of the already approved adjacent 400 residence Meadows Project. Council Member Uso did not support initiating the General Plan Amendment and Rezone processes because he did not support the initial project proposed and felt initiating the process would be a waste of time, effort, and applicant funds. Instead, he supported informally giving the applicant direction as to what the Council felt would be a suitable and approvable use for the site. Council Action: Moved by Council Member Nielsen, seconded by Council Member Hribar and carried 4-1, with Council Member Uso against. to adopt Resolution No. 07-09-18-06, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING CONSIDERATION OF A GENERAL PLAN AMENDMENT AND REZONE FOR A PROPOSED MIXED USE RETAIL-RESIDENTIAL PROJECT LOCATED AT SAN JUAN CREEK ROAD AND VALLE ROAD (DISTRITO LA NOVIA) (GPA 07-0001) (RZ 07-001),” with revision to the resolution to include a third paragraph: “WHEREAS, initiation of consideration of a General Plan amendment in no way indicates approval or even the possibility of such an amendment, but merely allows the applicant to present their arguments for the amendment at the applicant’s full cost and risk.” ROLL CALL AYES: COUNCIL MEMBERS: Hribar, Nielsen, Soto, Mayor Allevato NOES: COUNCIL MEMBERS: Uso ABSTAIN: COUNCIL MEMBERS: None ORDINANCES - None COUNCILMANIC ITEMS - None 9-18-2007 14 ADJOURNMENT There being no further business, Mayor Allevato adjourned the meeting at 9:53 p.m. to the Regular Scheduled Meeting of Tuesday, October 2, 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 16, 2007 ATTEST: __________________________________ SAM ALLEVATO, MAYOR