08-0219_CC_Minutes_Regular Meeting2-19-2008 1
MINUTES
FEBRUARY 19, 2008
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION
Mayor Soto called the Closed Session of the City Council of the City of San Juan
Capistrano to order at 5:30 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Dr. Londres Uso, Mayor
pro tem Mark Nielsen and Mayor Joe Soto
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Cynthia L. Russell, Assistant City Manager; Omar Sandoval, City
Attorney; Meg Monahan, City Clerk, Steven A. Apple, Planning Director
PUBLIC COMMENT – CLOSED SESSION ITEMS:
Mayor Soto invited the public to provide comment. There was no public comment and
the meeting was moved to Closed Session chambers.
CLOSED SESSION (610.85)
A Closed Session was held for the following purpose, as authorized by statute:
1. Pursuant to Government Code 54956.9(b), the City Council conferred with Legal
Counsel about exposure to litigation relating to a claim by Marbella Development
involving the disposition of Lot 217 of Tract 12954.
2. Pursuant to Government Code Section 54956.9(c), the City Council conferred
with its legal counsel regarding one potential case.
3. Pursuant to Government Code Section 54956.9(a), the City Council conferred
with Legal Counsel regarding existing litigation, Scalzo Family Trust v. SJC.
(Mayor Soto abstained)
RECESS UNTIL 6:30 P.M.
BUSINESS SESSION
Mayor Soto called the Regular Meeting of the City Council of the City of San Juan
Capistrano to order at 6:33 p.m. in the City Council Chamber. Council Member Hribar
led the Pledge of Allegiance and Council Member Uso gave the invocation.
2-19-2008 2
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Dr. Londres Uso,
Mayor pro tem Mark Nielsen and Mayor Joe Soto
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Cynthia L. Russell, Assistant City Manager; Omar Sandoval, City
Attorney; Meg Monahan, City Clerk; Steven A. Apple, Planning Director; Nasser
Abbaszadeh, Engineering & Building Director; Karen Crocker, Community Services
Director; Lt. Mike Betzler, Chief of Police Services; Grant Taylor, Assistant Planning
Director; Steve Montano, Assistant Director of Administrative Services; Douglas
Dumhart, Economic Development Manager; Teri Delcamp, Historic Preservation
Manager; David Contreras, Associate Planner; Lynnette Lehmann, Management
Analyst II; Kelly Tokarski, Public Relations Consultant; and Eileen White, Recording
Secretary.
Agenda items are presented in the originally agendized format for the benefit of the
minutes’ reader, but were not necessarily heard in that order.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Allevato reported participating in the California Coastal Commission
hearing for consideration of certification of a two mile stretch of the proposed 241 toll
road extension, which was denied 8-2 by the Commission. The denial has been
appealed to the United State Department of Commerce. He also reported meeting with
Capistrano Animal Rescue (CARE) discussing the potential of CARE using the Swanner
House to provide services; meetings with equestrian representatives and staff to
discuss completion of trail links; and the State of the City Address by Mayor Soto.
Council Member Uso deferred his report due to anticipated meeting length.
Council Member Hribar reported attending a City sponsored water quality meeting with
Dana Point and San Clemente representatives; South Orange County Wastewater
Authority meetings; a sign seminar; Open Space Subcommittee meeting; meeting with
Saddleback Valley Christian School regarding carpooling programs, complementing
their successful efforts to encourage carpooling; meetings regarding revival of the Chili
Cook-off event; the State of the City Address; and a memorial service for Olive Ann
"Bobbie" Evinger, member of several local charitable organizations.
Mayor pro tem Nielsen reported attending a Title 9 subcommittee meeting; an Open
Space Planning Subcommittee meeting where a presentation was provided regarding
establishing a conservancy fund; tri-city trolley meeting; and a Habitat for Humanity
2-19-2008 3
press conference announcing designation of two San Juan project homes to disabled
veterans.
Mayor Soto reported participating in a KSBR radio program regarding the Fiesta de las
Golondrinas festivities; a joint water quality meeting with Dana Point and San Clemente
officials; a Capistrano Unified School District facilities workshop; a reception for author
Joan Tapper, author of “The Most Beautiful Towns and Villages in California,” which
includes numerous pages dedicated to San Juan Capistrano; and thanked Council,
staff, the Chamber and Kelly Tokarski for their support of the State of the City Address.
OPEN SPACE COMMITTEE REPORT
Mayor pro tem Nielsen, Chairman of the Open Space Committee, reported that at the
Committee’s February 11, 2008, meeting, an announcement was made concerning the
City’s acquisition of 109 acres of Open Space for $2.1 million; and the committee
discussed alternate language for a potential ballot measure. He announced the next
meeting scheduled for March 3, 2008, at 7 p.m. in the City Council Chamber where the
open space master plan and on-going efforts to acquire more open space will be
discussed.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director announced upcoming communitywide
events: Fiesta de Las Golondrinas festivities including the Taste of San Juan, and the
Pet Parade; a Chamber networking mixer; and upcoming playhouse performances.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. FORMER CULTURAL HERITAGE COMMISSIONER JESS ANNE ANDREWS
RECOGNIZED. (610.40)
Meg Monahan, City Clerk, recognized Jess Anne Andrews for her eight years of
service to the City; and Mayor Soto presented her with a recognition plaque.
2. DEPUTY HARRISON “DAN” MANHART AWARDED 2007 DEPUTY OF THE
YEAR. (610.40)
Lt. Mike Betzler, Chief of Police Services, recognized Deputy Harrison “Dan”
Manhart, as the 2007 San Juan Capistrano Deputy of the Year; and Mayor Soto
presented him with a special plaque with gratitude of the City Council.
3. JONATHAN SMITH RECOGNIZED FOR COURAGEOUS EFFORTS. (610.40)
Mayor Soto recognized Jonathan Smith for his courageous, selfless efforts in
trying to protect his neighbors from a devastating house fire and presented him
with a certificate of recognition.
2-19-2008 4
4. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Nielsen recognized the following individuals in attendance: Don
Tryon, Cultural Heritage Commission; Larry Kramer, Transportation Commission;
Ron Denman and Gail Zukow, Parks, Recreation and Equestrian Commission;
Laura Freese, Housing Advisory Committee; Mark Sanchez, Orange County Fire
Authority Battalion Chief; and members of the Open Space Committee who were
instrumental in the recent acquisition of 109 acres, Brad Gates, Tom Lunnen,
and Dick Paulsen.
ORAL COMMUNICATIONS
Jim Vance, City resident, felt Orange County residents are too restricted by the State
because the County does not have Charter County Status and therefore contribute
more tax revenue than received in return; opined that Coastal Commission members
should be elected; and promoted a progressive property tax to help provide housing for
the less fortunate.
Joan Irvine Smith, City resident, encouraged seeking solutions to traffic problems by
opening La Pata Road and finding another solution to the Ortega Highway proposal.
She commended those involved with the recent open space acquisition.
CONSENT CALENDAR
Council Action: Moved Mayor pro tem Nielsen, seconded by Council Member Uso,
and carried unanimously, 5-0, to approve items 1 through 5 and 9 as recommended by
staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF JANUARY 15, 2008, APPROVED
AS SUBMITTED.
3. MINUTES OF THE ADJOURNED REGULAR JOINT MEETING OF THE CITY
COUNCIL AND WATER ADVISORY COMMISSION OF DECEMBER 10, 2007,
APPROVED AS SUBMITTED.
4. ACCOUNT PAYABLE WARRANTS DATED JANUARY 31, 2008, IN THE TOTAL
AMOUNT OF $2,486,644.98; AND PAYROLL WARRANTS DATED FEBRUARY
8, 2008, IN THE TOTAL AMOUNT OF $284,671.52, RECEIVED AND FILED.
(300.30)
5. CASH BALANCES BY FUND, DECEMBER 31, 2007, RECEIVED AND FILED.
(330.50)
2-19-2008 5
6. RESOLUTION NO. 08-02-19-02, SUPPORTING THE TRI-CITY TROLLEY
FUNDING APPLICATION, ADOPTED WITH REVISION. CITY COUNCIL
PRIORITY 15A (600.50)
This item was removed from the Consent Calendar by Mayor pro tem Nielsen to
suggest language revision; and allow for public comment.
Public Comment: Laura Freese, City resident, representing the Chamber of
Commerce, voiced support for the tri-city trolley as it will transport tourists to City
and area attractions from the train depot, and provide City residents access to
adjacent beaches.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Mayor Soto
and carried unanimously, 5-0, to adopt Resolution No. 08-02-19-02 , entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, IN SUPPORT OF THE APPLICATION TO
ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDS FOR THE
TRI-CITY TROLLEY PROGRAM FOR THE CITIES OF SAN JUAN
CAPISTRANO, DANA POINT, AND SAN CLEMENTE,” revised to add “Be it
further resolved that the City of San Juan Capistrano supports the concept of
matching funding to a maximum of 25% of the total cost, but not more than
approved by other cities, with details of the concept subject to further City
Council consideration.”
7. RESOLUTION NO. 08-02-19-03 ADOPTED APPROVING SUBMITTAL OF
PROJECTS FOR POTENTIAL FUNDING UNDER THE COMBINED
TRANSPORTATION FUNDING PROGRAM. (CIP 404 AND CIP 406) (800.70)
This item was removed from the Consent Calendar by Mayor pro tem Nielsen to
clarify the projects will be presented to Council for final comment before
implementation.
Council Action: Moved by Council Member Uso, seconded by Council
Member Allevato and carried unanimously, 5-0, to adopt Resolution No. 08-02-
19-03, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF
TWO TRANSPORTATION IMPROVEMENT PROJECTS (CIP No. 404 AND CIP
No. 406) FOR INTERSECTION IMPROVEMENT PROGRAM (IIP) FUNDS
UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM
(ORANGE COUNTY TRANSPORTATION AUTHORITY).”
8. MEMORANDUM OF UNDERSTANDING AND IMPLEMENTATION
AGREEMENT RELATED TO GOVERNANCE OF THE SOUTH ORANGE
COUNTY INTEGRATED REGIONAL WATER MANAGEMENT PLAN AND
PROPOSITION 50 GRANT FUNDING APPROVED. (STATE WATER
2-19-2008 6
RESOURCES CONTROL BOARD – SWRCB) (ORANGE COUNTY
RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT) (600.50)
This item was removed from the Consent Calendar by Mayor pro tem Nielsen for
discussion. He pointed out that Attachment 1 of the Implementation Agreement
concerning liability issues was not attached as referred to in the Agreement, and
stated a preference, with Council Member Allevato agreeing, to review the
attachment before approving the Agreement. Council Members Uso, Hribar and
Mayor Soto preferred to move the project forward to avoid the risk of losing the
grant funds.
Council Actions:
Moved by Mayor pro tem Nielsen, seconded by Council Member Hribar and
carried unanimously, 5-0 to approve the Memorandum of Understanding
between the City of San Juan Capistrano and the County of Orange for the
Proposition 50, Integrated Regional Water Management Grant.
Moved by Mayor pro tem Nielsen, seconded by Council Member Allevato, and
failed on a 2-3 vote, with Council Members Uso, Hribar and Mayor Soto opposed,
to continue the Implementation Agreement between the City of San Juan
Capistrano and the County of Orange for the Recycled Water Transmission
System Improvement Project to the March 4, 2008, meeting to allow review of
missing attachment before action on the Agreement.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Nielsen
NOES: COUNCIL MEMBERS: Hribar, Uso, Mayor Soto
ABSTAIN: COUNCIL MEMBERS: None
Moved by Council Member Hribar, seconded by Council Member Uso and
carried 3-2, with Council Member Allevato and Mayor pro tem Nielsen opposed,
to approve the Implementation Agreement between the City of San Juan
Capistrano and the County of Orange for the Recycled Water Transmission
System Improvement Project.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Uso, Mayor Soto
NOES: COUNCIL MEMBERS: Allevato, Nielsen
ABSTAIN: COUNCIL MEMBERS: None
2-19-2008 7
9. BID FOR PURCHASE OF AUDIO VISUAL EQUIPMENT TO WESTERN AUDIO
VISUAL CORPORATION FOR $31,948.45 APPROVED. (370.30)
10. AGREEMENT FOR INTEGRATED FINANCIAL SOFTWARE AND
IMPLEMENTATION SERVICES APPROVED. (HARRIS COMPUTER
SYSTEMS) CITY COUNCIL PRIORITY NO. 22B (600.30)
This item was removed from the Consent Calendar by Council Member Hribar to
establish the new software will not result in reduced staff.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Uso and carried unanimously, 5-0 to approve Agreement with Harris
Computer System for the purchase, installation, and implementation of integrated
financial system software and related subsystem software, in an amount not to
exceed $453,447 for the first year approved and the City Manager authorized to
execute the agreement; approve Additional contingency fund of $95,000 for extra
work during the first year of contract and authorize the City Manager to execute
contract for extra work changes on an as needed basis; and approve annual
maintenance agreement in the amount of $47,411 for the first years with annual
increases based on the consumer price index for subsequent years, and
authorize the City Manager to execute the agreement.
11. REZONE (RZ) 08-001 LAND USE CODE AMENDMENT FOR ZONING
CORRECTIONS INITIATED. (460.20)
This item was removed from the Consent Calendar to allow Council Member
Hribar and Mayor pro tem Nielsen to abstain from specific amendment initiations
due to owning property within those areas.
Council Actions:
Moved by Council Member Hribar, seconded by Council Member Uso and
carried unanimously, 5-0 to initiate Zoning amendment (RZ) 08-001, Land Use
Code Amendment for zoning corrections (Mission Hills Ranch; Capistrano
Garden Homes 1, Capistrano Garden Homes 2, Casa Capistrano, Glenfed –
Lomas San Juan CDP Amendment, Land Use Code Text Amendments).
Moved by Council Member Uso, seconded by Council Member Allevato and
carried 3-0-2 with Council Member Hribar and Mayor pro tem Nielsen abstaining,
to initiate Zoning amendment (RZ) 08-001, land use code amendment for zoning
corrections (Hidden Mountain Estates and Avenida Los Amigo).
2-19-2008 8
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Uso, Mayor Soto
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Hribar, Nielsen
PUBLIC HEARINGS
1. CONSIDERATION OF APPEAL OF PLANNING COMMISSION DENIAL OF
ARCHITECTURAL CONTROL (AC) 06-12, MEXICO LINDO-VAQUERO WEST
BUILDING CONTINUED TO MARCH 4, 2008. (APN 121-141-11) (ERIC
ALTMAN) (410.60)
Description: On August 22, 2007, the City Council held a joint workshop with the
Planning Commission and Design Review Committee to consider the applicant’s
appeal to construct a 4,476 square foot addition to the existing Mexico Lindo-
Vaquero West Building located on the East Side of “The Santa Fe Rail Depot”
and North of the Franciscan Plaza-Celebrity Theaters, and provide direction. The
applicant’s revised design reduces the square footage to 8,000 square feet,
incorporates a portion of the original Vaquero West building elevation, and
features interesting architectural details as well as an internal pedestrian Paseo.
Staff recommended Council review and comment on the concept plans for
“Paseo De Verdugo” in massing, design, density, and request for removal of
approximately 2/3 of the Mexico Lindo-Vaquero West Building; and continue the
public hearing to March 4, 2008, and direct staff to prepare the appropriate
resolution for the appeal of AC 06-12, incorporating findings based on Council’s
statements.
Written Communications: Report dated February 19, 2008, by David Contreras,
Associate Planner.
Presentations:
David Contreras, Associate Planner, summarized the staff report.
Eric Altman, applicant, presented the revised design of the proposal and thanked
the many people involved in the revision.
Roy Nunn, project architect, presented the benefits of the project re-design.
Teri Delcamp, Historic Preservation Manager, advised that although it may be
feasible to move the building on the lot, extensive assessment would have to be
performed to determine the associated costs and impacts.
2-19-2008 9
Mayor Soto opened the public hearing.
Public Testimony:
Deborah Bogdanski, City business owner, requested consideration of moving the
building back to allow for a view down Verdugo Street to the depot tower and Los
Rios neighborhood, as well as more expansive streetscape design.
Ken Friess, City resident, felt the new massing of the building solved previous
problems
Richard Hill Adams, City resident, suggested moving the building back six to ten
feet to provide a view of the depot tower and to Los Rios Street.
Public hearing held open to the March 4, 2008, meeting.
Council Comment:
Council Member Uso expressed concern that moving the building back would
result in issues concerning cost and loss of square footage. He felt the proposed
design was beautiful and complimented Mr. Altman’s tenacity.
Council Member Allevato complimented the combination of both Monterey style
and the original boxy building architecture. He felt the plan worked well and
would encourage foot traffic to the depot and downtown in general, which is now
missing.
Council Member Hribar supported razing the entire building. He felt it was
important that rear portion of the development is retained for public use and
suggested reducing the 900 square foot building section to provide more public
space. He was concerned with the building overall square footage which places
pressure on the parking, suggesting re-striping parking lot after acquisition of Lot
11 which would provide 30+ more parking spaces. A portion of the area where
the tree well is located should remain open for public access because there is
very little public seating downtown. He encouraged a 600 to 800 square foot
reduction in the overall building.
Mayor pro tem Nielsen complimented Mr. Altman and felt the project would
enhance the community. He was comfortable with the proposed square footage
because the interior Paseo and openness in the design and felt the critical mass
of the building supported providing a destination. He felt the design was
interesting and would draw people in and would enhance business activity for
adjacent businesses. He supported Council Member Hribar’s suggestion that the
public have access to the area where the tree is located. He also encouraged
more development of a green-space in the area across the street from the depot
which would provide more visual interest from Sarducci’s and for waiting train
2-19-2008 10
passengers. This area could potentially be a future trolley stop. He supported
development sooner rather than later as it would be a positive addition to the
community.
Mayor Soto commended Mr. Nunn, project architect, and suggested
incorporation of public bathrooms into the first floor design, providing a nexus for
redevelopment agency funding. He complemented the project design and its
responsiveness to the Council’s previous direction and commended the applicant
and architect.
Council Members concurred to support granting the appeal and agreed that the
buildings were appropriate size, with Council Member Hribar desiring a reduction
in size. They agreed to send it back to the Planning Commission at the Planning
Director’s suggestion due to matters related to historic nature, need to flush out
details and work in restrooms, and to take CEQA action.
Council Action: Moved by Council Member Uso, seconded by Council
Member Hribar and carried unanimously, 5-0, to refer Architectural Control (AC)
06-12 application to the Planning Commission for fine tuning of project revisions
based solely on City Council direction and limited to one public hearing session;
and continue the public hearing to the March 4, 2008 City Council meeting at
6:30 p.m.
RECESS AND RECONVENE
Council recessed at 9:27 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 9:50 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. REVIEW OF STATUS OF CITY COUNCIL PRIORITIES FOR FISCAL YEAR
2006/2007 AND CONSIDERATION OF WORKLOAD AND BUDGETARY
PRIORITIES FOR FISCAL YEAR 2008/2009 RESCHEDULED. (330.20)
Description: Update on the Workload and Budget Priorities for FY 2007/08
including a summary of those priorities and their status to date as well as detailed
description of the work that is underway and projected activities for the near
future. Staff recommended Council provide input and direction to staff regarding
City Council initiated priorities and direct staff to return with a final fiscal year
2008/09 priority list for City Council and Agency Board of Directors approval.
Written Communications:
Report dated February 19, 2008, by Cindy Russell, Assistant City Manager.
2-19-2008 11
Email dated February 14, 2008, from Laura Freese, City resident, recommending
removal of the Las Ramblas Affordable Housing Project from the priorities list.
Public Comment: Lisa Ohlund, City resident, encouraged the City Council to
develop a plan that would require infrastructure improvements to precede further
development and was especially concerned with areas around Rancho Viejo
Road.
Council Action: Item pulled from the agenda to be rescheduled to a special
meeting to allow time for discussion.
G2. PLANNING DIRECTOR
a. DISTRITO LA NOVIA SUBCOMMITTEE REPORT ON A POSSIBLE
ALTERNATIVE DEVELOPMENT CONCEPT FOR A 158 ACRE AREA
LOCATED AT THE SOUTHEAST CORNER OF SAN JUAN CREEK ROAD AND
VALLE ROAD RECEIVED AND REVISED. (ADVANCED REAL ESTATE
SERVICES) (DISTRITO LA NOVIA AND SAN JUAN MEADOWS) (TRACT
14343) (420.40)
Description: After the November 6, 2007, Council meeting, the Mayor appointed
a subcommittee to explore a possible alternative development concept for a
partially previously approved project known as San Juan Meadows. The
subcommittee, with significant input from the community, applicant, and staff, has
conceptualized a potential alternative, which, in comparison to the previously
approved project, results in decrease of 200 residential units, 60 additional acres
of open space, and establishment of 950 new equestrian stalls. Staff
recommended Council receive the subcommittee report concerning a possible
alternative development concept for the Distrito La Novia and San Juan
Meadows projects; and discuss and give policy direction as to the timing of the
“life” of their existing San Juan Meadows Tentative Map/Development
Agreement.
Written Communications:
Report dated February 19, 2008, by Steve Apple, Planning Director.
Letter dated February 18, 2008, from Sally Bumbulis, City resident, proposing
revisions to the project to protect adjacent property values.
Presentations:
Steve Apple, Planning Director, summarized the staff report.
Rob Cerruti, applicant, reviewed the project proposal and clarified the bullet
points in the subcommittee report, indicating the single family component was
2-19-2008 12
reduced from 440 units to a maximum of 105 units; the commercial space will
remain at 68,200 square feet; and the buildings will have a maximum height of 35
feet, with some architectural components extending no higher than 45 feet.
Public Comment:
Annie Downs, Trabuco resident, supported the project as it presents a unique
opportunity in the county and would reduce the significant shortage of stables in
the area.
Richard Hill Adams, City resident, inquired into the length of the construction
process and impacts on the adjacent community and mobile home park in
particular.
Rick Julian, applicant, stated that the grading on the Meadows project is
balanced; a good portion of the Distrito project area was previously graded as
part of the widening of Valle Road; and the mobile home park is not part of the
proposal.
Renee C. Taylor, City resident, was opposed to the project proposal as the retail
development would hinder downtown redevelopment goals; there is a greater
need for water conservation; and it would be better as a tourist based use such
as a resort or botanical garden.
Gail Zukow, City resident, supported the development due to the need for more
horse stalls and the attractive village concept.
Adam Mayhort, City resident, generally supported the project as the equestrian
focus supported local culture. He was concerned with the length of the
construction process and its impact on the community.
Laura Freese, City resident, supported the project as the density allows for
retention of open space and the project provides much needed workforce
housing, while not contradicting downtown development.
Jim Vance, City resident, was concerned about 200 families being displaced from
the mobile home park, water conservation, and need for availability of affordable
housing. He stressed the need to accommodate as many people as possible, as
long as quality of life is preserved.
Council Comment:
Council Member Allevato supported increased density when done property to
decrease vehicle trips and protect the environment. The new plan reduces
impacts, provides much needed retail to increase the City’s sales tax revenues,
and supports the City’s equestrian lifestyle. He cautioned that the equestrian
2-19-2008 13
element of the plan must adhere to best management practices and address
environmental issues. He supported the plan as an example of public and
private partnership working together to improve projects.
Council Member Hribar established the proximity of equestrian trails to the
stables, additional linkages to the City’s trail system, and maintaining
pedestrian/equestrian access to the gated development. He encouraged adding
additional workforce housing units to the proposed housing, even if it means
higher density; and supported the equestrian component to replace a pending
stable closure elsewhere in the City.
Council Member Uso thanked the developer for the concessions he made during
the planning process; noted the project as proposed satisfies the affordable
housing requirements and questioned whether there was space for additional
workforce units to be added; supported the retail element; and felt the project as
proposed was interesting, compelling, and will be an asset to the community.
Mayor pro tem Nielsen supported the project for its reduced water consumption,
enhancement for the downtown area, and village character. He lamented the loss
of the meadow, but noted the area was zoned for private development and now
included retail to benefit the entire community.
Council Members discussed the appropriate amount of time to extend the
deadline of the currently approved 432 unit development for this site while the
revised proposal was in the design stages. Mayor pro tem Nielsen felt that six
months is adequate to work out the necessary design details and address
redevelopment agency potential involvement, with the understanding that more
time may be added if necessary. The applicants felt that six months was overly
optimistic with one year a more reasonable amount. Council Member Hribar
opposed the six month extension because he did not want to penalize the
applicants with a short time extension; he felt that one year was a realistic and
appropriate time frame given the time and money the applicants have spent to
get the project to this point.
Council Actions:
Moved by Mayor pro tem Nielsen seconded by Council Member Hribar and
carried unanimously, 5-0, to receive the subcommittee report concerning a
possible alternative development concept for the Distrito La Novia and San Juan
Meadows projects; revised as follows: 1) Reduction of Meadows single family
housing component from 440 to a maximum of 105 units; 2) Reduction of Distrito
La Novia residential component from 260 to 140 with approximately 90 units as
for-sale condominiums and 54 units as rental apartments; 3) Commercial space
kept at the same 68,200 square feet and office space at 27,500 square feet; 4)
All buildings have a maximum height limit of 35 feet, no matter if two or three
2-19-2008 14
floors, with some architectural components extending higher, but not higher than
45 feet; and (bullet points 5 through 7 remain unchanged).
Moved by Mayor pro tem Nielsen, seconded by Council Member Uso, and
carried 4-1, with Council Member Hribar opposed, to approve six month target
established for working out issues regarding the Community Redevelopment
Agency’s involvement in the project area which will tie into the extension of the
development agreement for San Juan Meadows.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Nielsen, Uso, Mayor Soto
NOES: COUNCIL MEMBERS: Hribar
ABSTAIN: COUNCIL MEMBERS: None
G3. PUBLIC WORKS DIRECTOR
a. RECOMMENDATION OF WATER ADVISORY COMMITTEE REGARDING
POTENTIAL CONSOLIDATION OF WATER/SEWER OPERATIONS – CITY
COUNCIL PRIORITY NO. 23B ADOPTED. (1050.40)
Description: On December 10, 2007, The City Council and Water Advisory
Commission (WAC) held a joint workshop to consider a proposal for a proposed
consolidation from South Coast Water District (SCWD). Based on staff’s review
of the issues raised by the WAC and discussions with SCWD staff, City staff has
concluded that the issues WAC wanted resolved prior to consolidation cannot be
made and there are no compelling reasons for consolidation. In accordance with
the WAC recommendation, staff recommended Council terminate any further
work on water/sewer consolidation efforts with South Coast Water District and
direct staff to work with all neighboring agencies to promote joint projects and
regional efforts; and direct staff to initiate a management and operational
evaluation of the City’s water and sewer services.
Written Communications: Report dated February 19, 2008, by William Huber,
Consultant, the Wild Horse Group.
Presentation: Cindy Russell, Assistant City Manager, summarized the staff report.
Public Comment: Richard Dietmeier, President, South Coast Water District
Board of Directors, discussed the process for their consideration of consolidation
with San Juan Capistrano water services; impact of Metropolitan Water District’s
recently announced significant increases in wholesale water rates; push toward
tertiary water treatment; and difficulty in projecting rates beyond a three year
term.
2-19-2008 15
Council Comment:
Council Members thanked Mr. Dietmeier and South Coast Water for their
participation and staff for their efforts. Council Member Uso encouraged hiring a
public works director with extensive water works experience; and Mayor Soto
and Council Member Hribar volunteered to be on a subcommittee to work with
staff to fulfill the WAC recommended follow-up actions.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0 to terminate the work on water-sewer
consolidation efforts with South Coast Water District; direct staff to work with all
neighboring agencies to promote joint project and regional efforts; and direct staff
to initiate a management and operational evaluation of the City’s water and
sewer services.
ORDINANCES - None
COUNCILMANIC ITEMS
1. RESOLUTION NO. 08-02-19-01 ADOPTED OPPOSING THE CITY OF
BERKELEY’S OPPOSITION TO MILITARY RECRUITMENT EFFORTS AS
REVISED. (660.30)
Description: At the February 5, 2008, Council meeting, Council Member Hribar
proposed the adoption of a resolution to express discontent in recent actions
from the City of Berkeley’s City Council decision of telling the U.S. Marines that
their downtown recruiting station is not welcomed, and the Council Members
concurred. Staff recommended Council approve the resolution as submitted.
Written Communications: Resolution dated February 19, 2008.
Meg Monahan, City Clerk, read the text of the resolution.
Mayor pro tem Nielsen suggested minor text revision.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Hribar, and carried unanimously, 5-0, to adopt Resolution No. 08-02-
19-01, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, OPPOSING THE CITY OF
BERKELEY’S OPPOSITION TO MILITARY RECRUITMENT EFFORTS,” 8th
paragraph revised to read, “Be it further resolved…….embrace our U.S. Marine
Corps and all of our armed forces, which serve to……..”
2-19-2008 16
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 11:27 p.m. to
Tuesday, March 4, 2008, at 5:30 p.m. for Closed Session and 6:30 p.m. for the Public
Business Session in the City Council Chamber.
Respectfully submitted,
_________________________________
MARGARET R. MONAHAN, CITY CLERK
Approved: March 18, 2008
ATTEST:
__________________________________
JOE SOTO, MAYOR