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
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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
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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