08-0318_CC_Minutes_Regular Meeting3-18-2008 1
MINUTES
MARCH 18, 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 5:31 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: Dave Adams, City Manager; Cynthia L. Russell, Assistant City
Manager; Omar Sandoval, City Attorney; and Meg Monahan, City Clerk
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 Section 54956.9(c) the City Council conferred
with its legal counsel regarding one potential case.
2. Pursuant to Government Code Section 54956.9(b), the City Council conferred
with its legal counsel pertaining to one potential case.
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 6:35 p.m. in the City Council Chamber. Local Boy Scout Troop
No. 724 led the Pledge of Allegiance and Council Member Hribar gave the invocation.
Mayor Soto dedicated the City Council meeting to Mary Tryon who passed away on
March 10, 2008. Mary was a longtime community volunteer, author, and wife of Cultural
Heritage Commissioner Don Tryon.
3-18-2008 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: Dave Adams, City Manager; Omar Sandoval, City Attorney; Cynthia
L. Russell, Assistant City Manager; Maria Morris, Deputy City Clerk; Steven A. Apple,
Planning Director; Nasser Abbaszadeh, Engineering & Building Director; Karen Crocker,
Community Services Director; Lt. Mike Betzler, Chief of Police; Grant Taylor, Assistant
Planning Director; Douglas Dumhart, Economic Development Manager; Alan Oswald,
Senior Traffic Engineer; Bill Ramsey, Principal Planner; Eric Bauman, Water
Engineering Manager; William Cunningham, Contract Project Administrator; 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 attending the State of County Address; Open Space
Committee meeting; Tour of the Great Park; and completing the Community Emergency
Response Team (CERT) class.
Council Member Hribar reported attending a Sign Subcommittee meeting; ribbon cutting
ceremony at Flavor of Britain Food and Gift Shop; Beautification Program
Subcommittee meeting; San Juan Hills High School Pancake Breakfast; a South
Orange County Wastewater Authority meeting; and an Open Space Finance
Subcommittee meeting.
Mayor pro tem Nielsen and Council Member Uso deferred their reports due to
anticipated meeting length.
Mayor Soto forwarded his report to the City Clerk to be included in the meeting record
as follows: reception with Mexican Consulate Carlos Rodriguez; “Read Across America”
St. Margaret’s School program; ribbon cutting ceremony at Flavor of Britain Food & Gift
Shop; meeting with U.S. Senator Barbara Boxer, Congressman Ken Calvert, and U.S.
Senator Feinstein in Washington D.C. regarding grant funding for several projects;
memorial service for Mary Tryon; Swallows Day Celebration at the Mission; El
Presidente Ball; subcommittee evaluation meeting for the new M.R.F facility at the
landfill; and served as “Principal for the “Day” at San Juan Hills High School.
3-18-2008 3
OPEN SPACE COMMITTEE REPORT
Mayor pro tem Nielsen, Chair of the Open Space Committee, announced the next
meeting scheduled for April 7, 2008, 7:00 p.m. at the City Council Chamber.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: Fiesta de Las Golondrinas events including the Fiesta Grande,
Hoos’gow Day, Swallows Day Parade, and Mercado; Joint Meeting of the
Transportation and Planning Commissions regarding the I-5/Ortega Interchange
Environmental Impact Report; the Chamber’s Quad City Networking Mixer and
Governmental Affairs Committee meeting; the Eggstravaganza Egg Hunt sponsored by
Rotary and the City; and the Youth in Business Day.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. FORMER CULTURAL HERITAGE COMMISSIONER ALANA JOLLEY
RECOGNIZED. (610.40)
Maria Morris, Deputy City Clerk, recognized Alana Jolley, former Cultural
Heritage Commissioner for her year of service to the Community; and Mayor
Soto presented her with a recognition plaque.
2. DANA POINT OCEAN DESALINIZATION PROJECT BY METROPOLITAN
WATER DISTRICT OF ORANGE COUNTY (MWDOC) PRESENTATION
RECEIVED. (1050.40)
Kevin Hunt, Metropolitan Water District presented an overview of the Dana Point
Ocean Desalination Project and invited the City to participate in the project.
3. METHYL TERTIARY BUTYL ETHER (MTBE) TESTING AND REMEDIATION
CONDUCTED BY CHEVRON STATUS REPORT RECEIVED. (530.25)
Michael Donovan, representing PSOMAS, narrated a slide presentation and
provided a report.
4. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Nielsen recognized the following individuals in attendance: Don
Tryon and Janet Siegel, Cultural Heritage Commission; Bob Cardoza, Planning
Commission; Ron Denman and Gail Zukow, Parks, Recreation and Equestrian
Commission; Laura Freese, Housing Advisory Committee; and Chief Patrick J.
Antrim, Orange County Fire Authority.
3-18-2008 4
ORAL COMMUNICATIONS
Don Tryon, City resident, thanked the City Council for the tribute and recognition shown
to his late wife, Mary Tryon.
Phil Schwartze, City resident, asked the City Council to continue item G2a. The Mayor
found that interested parties were in attendance and no action to continue the project
was taken.
Tom Gronewalb, City resident, expressed concern with grading within 30 feet of the
mobilehome park by Toyota dealership and distributed pictures to the City Council.
Douglas D. Dumhart, Economic Development Manager, reported current staff efforts to
correct and monitor the project.
Joan Obade, City resident, asked for quiet zones to be part of proposed tax allocation
bonds.
Joan Irvine Smith, City resident, reported meeting with a Rancho Mission Viejo
representative regarding the Toll Road, La Pata extension, Ortega Highway, and other
matters. She responded to a news article that included false allegations and announced
a family member’s promotion.
Jim Vance, City resident, spoke regarding civil rights violations with the closure of
Capistrano Terrace Mobile Home Park; the need to retain an attorney to fight one
resident’s eviction; and efforts to raise funds for legal services.
Sally Garibaldi, City resident, read aloud California mobilehome residency statutes;
expressed concern that Capistrano Terrace park owners were violating the law; and
shared efforts to gather legal funds.
Frank Uddo, City resident, expressed concerns for residents subject to the closure of
Capistrano Terrace Mobilehome Park and asked for City assistance.
CONSENT CALENDAR
Council Action: Moved Mayor pro tem Nielsen, seconded by Mayor Soto, and
carried unanimously, 5-0, to approve items 1 through 4, 6, 7, 8, 11, 12 and 13 as
recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY APPROVED.
2. CITY COUNCIL MINUTES OF THE REGULAR MEETING OF FEBRUARY 19,
2008, APPROVED AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 28, 2008, IN THE
TOTAL AMOUNT OF $1,529,596.25; AND PAYROLL WARRANTS DATED
3-18-2008 5
MARCH 7, 2008, IN THE TOTAL AMOUNT OF $288,791.49, RECEIVED AND
FILED. (300.30)
4. CASH BALANCES BY FUND – JANUARY 31, 2008, RECEIVED AND FILED.
(330.50)
5. CONTRACT FOR IMPROVEMENT PLAN FOR DEL OBISPO STREET
WIDENING AWARDED TO THE LOW RESPONSIBLE BIDDER, PETERSEN-
CHASE ENGINEERING CONSTRUCTION, INC. (CIP NO. 102) (PETERSEN-
CHASE GENERAL ENGINEERING CONSTRUCTION, INC.)(600.30)
This item was removed from the Consent Calendar by Council Member Hribar to
establish the anticipated project timeline. Mayor pro tem Nielsen requested staff
include language in future contracts to address liquidated damages.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to award the Contract for
Improvement Plan for Del Obispo Street Widening -300 feet south of Calle
Aspero to 400 feet north of Calle Aspero, to the low responsible bidder,
Petersen-Chase Engineering Construction, Inc., in the amount of $674,054.00;
and reject all other bids.
6. CONTRACT FOR THE DEL OBISPO STREET AND JUNIPER SERRA ROAD
PROJECT AWARDED TO THE LOW RESPONSIBLE BIDDER, ALL AMERICAN
ASPHALT, IN THE AMOUNT OF $1,636,000.00; AND ALL OTHER BIDS
REJECTED. (CIP NO. 408 AND 415) (600.30)
7. FINAL TRACT MAP NO. 17027 APPROVED AS IT CONFORMS TO THE
REQUIREMENTS SET FORTH IN THE SUBDIVISION MAP ACT AND OTHER
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP 17027;
THE CITY ENGINEER, CITY SURVEYOR, AND THE CITY CLERK
AUTHORIZED TO EXECUTE THE FINAL MAP; THE MAYOR AND CITY
CLERK AUTHORIZED TO EXECUTE THE CORRESPONDING SUBDIVISION
IMPROVEMENT AGREEMENT AND ACCEPT THE CORRESPONDING
SECURITIES; AND THE CITY CLERK DIRECTED TO FORWARD THE MAP
AND CORRESPONDING IMPROVEMENT AGREEMENT TO THE COUNTY
RECORDER. (HABITAT FOR HUMANITY) CITY COUNCIL PRIORITY NO. 6A
(420.40/600.30)
8. PURCHASE OF ONE TRAILER MOUNTED PORTABLE PUMP, IN THE
AMOUNT OF $54,870.61, FROM GODWIN PUMPS OF AMERICAN, INC.,
APPROVED. (370.30)
9. RESOLUTION NO. 07-03-18-01 ADOPTED WITH REVISIONS, INITIATING
THE GENERAL PLAN AMENDMENT STUDY PROCESS OF THE ENDEVCO
SITE. (APN 650-111-015) (RANCHO VIEJO ROAD PARTNERS, LLC) (440.25)
3-18-2008 6
This item was removed from the Consent Calendar by Council Member Hribar to
establish from the project manager, Scott White, that any hotel proposed for the
site must be upscale in nature, compliment the City’s rural character, and
address its traffic impacts; and to allow Mayor pro tem Nielsen to suggest
language revisions.
Public Comment:
Lisa Ohlund, City resident, expressed concern with the project proposal due to
current market impacts, potential nuisances associated with small hotels, and
traffic impacts.
June Forsman, City resident, felt the proposed project would impact nearby high
end homes with inappropriate uses and traffic problems.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Allevato and carried unanimously, 5-0 to adopt Resolution No. 07-03-
18-01, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING A GENERAL PLAN
AMENDMENT STUDY PROCESS WITH RESPECT TO THE 16.9 ACRE
ENDEVCO PROPERTY LOCATED AT 30700 RANCHO VIEJO ROAD (APN
650-111-015) (RANCHO VIEJO ROAD PARTNERS, LLC),” revised to add the
following language: “Be it further resolved that the consideration does not
indicate approval, applicant moves forward at own risk.” and “The project will be
subject to a City Council/Planning Commission workshop prior to
commencement of the environmental review process.”
10. CONSIDERATION OF DRAFT 2008 HOUSING ELEMENT UPDATE TO
RETURN TO THE CITY COUNCIL WITHIN 60 DAYS. CITY COUNCIL
PRIORITY NO. 6A (440.25)
This item was removed from the Consent Calendar to allow for public comment.
Public Comment:
Laura Freese, City resident, felt the draft Housing Element included basic
components but needed more attention to this community’s particular needs.
Jim Seiler, City resident, felt the document needed to address sheltering the
homeless before being forwarded to the state.
Phil Schwartze, City resident, felt the City needed to identify amount of funding
available for construction of affordable housing, funding needed, and a plan for
affordable housing.
3-18-2008 7
Roseanne Kotzer, City resident, encouraged low- and very low-income affordable
housing projects to allow people to live in acceptable housing conditions.
Sequel Gutierrez, no city of residence given, spoke regarding housing element
and consistency with the law.
Council Comment:
Council Members requested staff consider joining with other cities to encourage
the Federal Government to establish more reasonable standards for housing, as
too many people in dwellings designed for less people are not safe and decent,
nor is the surrounding infrastructure designed to handle such large amounts;
explore why mobile home housing is not considered in the City’s overall
affordable housing numbers when space rents are much less than medians, and
the City aggressively supports and defends rent control in its mobile home parks;
questioned the inclusion and exclusion of projects included in the report; and
suggested language revisions. Staff agreed to conduct additional research and
bring the Draft Housing Element Update back within 60 days.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Uso, and carried unanimously, 5-0, to conduct additional research as
directed and bring back the 2008 Draft Housing Element Update to Council within
60 days.
11. RESOLUTION NO. 08-03-18-02, ENTITLED “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
MAKING APPLICATION TO AND REQUESTING THE LOCAL AGENCY
FORMATION COMMISSION (LAFCO) OF ORANGE COUNTY TO TAKE
PROCEEDINGS PURSUANT TO THE CORTESE-KNOX-HERTZBERG LOCAL
GOVERNMENT REORGANIZATION ACT OF 2000 FOR THE CITY OF SAN
JUAN CAPISTRANO TO ANNEX APPROXIMATELY .99 ACRES OF
PROPERTY WITHIN ITS SPHERE OF INFLUENCE LOCATED NORTH OF
STONEHILL DRIVE WITHIN THE LOWER ROSAN RANCH PROPERTY, APN
121-240-36, AND FILE ANNEXATION APPLICATION,” ADOPTED. (OCFCD)
(APN 121-240-36) (LOWER ROSAN) CITY COUNCIL PRIORITY NO. 7A
(620.20)
12. RESOLUTION NO. 08-03-18-03, ENTITLED “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING A GENERAL PLAN AMENDMENT (GPA) STUDY PROCESS WITH
RESPECT TO THE 15.03 ACRE LOWER ROSAN PROPERTY (APN: 121-240-
39, 73; 121-253-13, 15; 121-240-36) (OWNER: SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY),” ADOPTED. (COMMUNITY
REDEVELOPMENT AGENCY) CITY COUNCIL PRIORITY NO. 7A (440.25)
3-18-2008 8
13. REPORT OF INVESTMENTS – MONTH ENDING JANUARY 31, 2008,
RECEIVED AND FILED. (350.30)
14. AGREEMENT TO RESTORE HABITAT IN THE 760S AREA APPROVED. (E.
STEWART AND ASSOCIATES, INC.) (600.30)
This item was removed from the Consent Calendar by Mayor pro tem Nielsen to
establish the reasons why the habitat required restoration; and suggest staff
consider including longer length plant guarantees in future contracts.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Hribar and carried unanimously, 5-0, to approve agreement with E.
Stewart and Associates Inc., to install plants and irrigation systems necessary to
restore or augment habitat in the 760S area that failed to thrive or was damaged
by vandalism, in the amount of $35,242.
PUBLIC HEARINGS
1. FIRST READING AND INTRODUCTION OF AN ORDINANCE REGARDING
CODE AMENDMENT (CA) 07-03 PERTAINING TO REGULATING
EQUESTRIAN STANDARDS AND KENNELS. (TITLE 9) (420.30)
Description: The proposed code amendments to kennels and equestrian
standards fall within the boundaries set forth by City Council Resolution 06-05-
16-01 identified in the Title 9 “clean up code amendments,” and were approved
unanimously at the Planning Commission meeting of February 12, 2008. The
proposed code amendments will allow appeals of Planning Director decisions
regarding maximum number of dogs allowed at residential properties to be heard
by an impartial hearing officer appointed by the City Manager; and allow the
Planning Director to approve administratively up to 10% increases in horse
density subject to findings and conditions. Staff recommended Council adopt the
Notice of Exemption, approving a Categorical Exemption pursuant to Section
15321 of the California Environmental Quality Act (CEQA) Guidelines; and
approve first reading and introduction of an ordinance regarding Code
Amendment CA 07-03 (Title 9).
Written Communications: Report dated March 18, 2008, by Grant Taylor,
Assistant Planning Director.
Presentation: Grant Taylor, Assistant Planning Director, reviewed the staff
recommendation.
Mayor Soto opened the public hearing, and there being no public testimony,
closed the public hearing.
3-18-2008 9
Maria Morris, Deputy City Clerk, read the title of the ordinance entitled: “AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING CODE AMENDMENT CA 07-03 RELATING TO SECTION 9-3.515
(EQUESTRIAN STANDARDS), SECTION 9-2.303(A) AND SECTION 9-3.525
(DOG APPEALS).”
Council Action: Moved by Council Member Uso, seconded by Council
Member Allevato, and carried unanimously, 5-0, to adopt Notice of Exemption,
approving a Categorical Exemption pursuant to Section 15321 of the California
Environmental Quality Act (CEQA) Guidelines; and approve first reading and
introduction of an ordinance regarding Code Amendment CA 07-03 (Title 9).
RECESS AND RECONVENE
Council recessed at 11:54 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 12:33 a.m. on Wednesday, March
19, 2008.
ADMINISTRATIVE ITEMS
G1. ENGINEERING AND BUILDING
a. SPEED HUMPS ON CALLE ARROYO BETWEEN CALLE DEL CAMPO AND
VIA SONORA DENIED. (590.50)
Description: In response to a resident’s request, staff evaluated Calle Arroyo
between Calle Del Campo and Via Sonora to consider installing speed humps in
accordance with City Council Policy #420 – Installation of Speed Humps. The
Transportation Commission considered the request at its September 12, 2007,
meeting, and voted 3-2 to qualify the street for speed hump consideration and
recommend Council approve installation. Staff recommended Council approve
Transportation Commission recommendation for installation of speed humps on
Calle Arroyo between Calle Del Camp and Via Sonora; or deny installation of
speed humps consistent with Council Policy #420.
Written Communications: Report dated March 18, 2008, by Alan Oswald, Senior
Traffic Engineer.
Presentation: Alan Oswald, Senior Traffic Engineer, summarized the staff report.
Public Comment:
Brian Leahy, Calle Arroyo resident, spoke in opposition to the speed humps,
referring to a letter signed by 2 of the 5 residents on Calle Arroyo opposed to the
speed humps due to increased emergency vehicle response times, increased
noise and pollution on street, and negative impacts to property values.
3-18-2008 10
Marcie Frolov, City resident, offered other suggestions to calm traffic instead of
the speed humps.
Bruce Lister, Calle Arroyo resident, supported the speed humps to protect
children playing in the park from speeding drivers.
Richard Yeomans, Calle Arroyo resident, supported the speed humps to protect
children playing on the play equipment in the park, which is located very close to
the roadway, from speeding and/or distracted drivers.
Susan Yeomans, Calle Arroyo resident, supported the speed humps to slow
down speeding drivers and increase safety for children playing in the park and
adjacent residents.
Council Discussion:
Council Members ascertained from staff that the park play equipment was
replaced within the last 18 months; the street is subject to being posted higher
than 25 MPH due to its “collector roadway” status, which would counteract the
project’s consistency with Council Policy #420 and increase City liability; and no
accidents on this portion of the street have been recorded in City records for the
last 5 years.
Council Members concurred to direct staff to consider alternate traffic calming
measures for the street, including a flashing, solar powered speed indicator; and
barrier alternatives to protect the children playing at the playground from street
traffic.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to deny installation of speed humps
on Calle Arroyo between Calle Del Campo and Via Sonora; direct staff to bring
item back to City Council with alternative traffic signage, and/or alternative traffic
calming recommendations; and direct staff to consider shrubs and/or fencing
around playground equipment.
b. DIRECTION GIVEN CONCERNING PROPOSED BUS BENCH SHELTERS
DESIGN CONCEPT. (CIP No. 409) (940.40)
Description: Concept Plans for bus shelters at the five highest ridership stops
within the City have been prepared for Council direction. Staff has secured a
grant through OCTA in the amount of $241,500, which when added to City
matching funds of $108,000, equals the estimated $350,000 needed to fund the
project. The Design Review Committee (DRC) and Planning Commission have
provided comments and guidelines for the project and are recommending that
following Council review, the matter go back to DRC for further review and
3-18-2008 11
analysis. Staff recommended Council review and provide direction on the
proposed bus shelter concepts.
Written Communications: Report dated March 18, 2008, by Nasser
Abbaszadeh, Engineering & Building Director.
Presentation: Nasser Abbaszadeh, Engineering & Building Director, summarized
the staff report.
Public Comment: Bob Cardoza, City resident, recommended the concept
plans return to the Design Review Committee for further refinements.
Council Comment: Council Members rejected the prefabricated bus shelter
models; praised the Roy Nunn designs; approved the design concept for
Location No. 3; and requested the DRC provide further refinement of Locations
1, 2, 4, and 5.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Mayor Soto
and carried unanimously, 5-0, to approve Bus Bench Shelter Design Concept on
location No. 3; return to Design Review Committee for refinement of designs for
location 1, 2, 4 and 5; and return to City Council for approval.
G2. PLANNING DIRECTOR
a. CONSIDERATION OF PROCESSING OF THE VILLA MONTANA PROJECT TO
RETURN TO CITY COUNCIL WITHIN 30 DAYS. (APN 124-223-81) (440.25)
Description: At the March 4, 2008, Council meeting, Mayor pro tem Nielsen
requested staff add the Villa Montana project, a 163-unit multi-family apartment
project including an affordable housing component located on the north side of
Vista Montana about 370 feet west of La Pata Avenue, to a future City Council
meeting to discuss processing. Staff recommended Council discuss the
processing of the Villa Montana project.
Written Communications:
Report dated March 18, 2008, by Steve Apple, Planning Director.
Email dated March 17, 2008 from Shelagh Hegarty, City resident, urging Council
to deny the project as it doesn’t belong in the City.
Email dated March 17, 2008 from Yvonne Tschaikowsky, City resident, opposed
to the project because it is not easily accessible to public transportation.
3-18-2008 12
Email dated March 17, 2008 from Eva Crabbs, City resident, opposed to the
project because it does not comply with City regulations; provide low or very low
housing; feature public transportation access; or comply with parking regulations.
Email dated March 17, 2008 from Trevor Dale, City resident, opposed to the
project due to parking shortages and inadequate benefit to justify the proposed
dense use.
Presentations:
Steve Apple, Planning Director, summarized the staff report.
Public Comment:
Phil Schwartze, City resident, applicant, requested continuance of the project
under Oral Communications. He was not present for discussion.
Laura Freese, City resident, felt workforce housing was needed in town but
needed more study. She felt this project was not appropriate for an affordable
housing use.
Mike Mathewson, City resident, felt the proposed affordable housing would be a
windfall for the developer and the proposed density is too great.
Robb Rigg, City resident, was opposed to the project due to concerns with traffic,
limited access, and student driver safety.
Trevor Dale, City resident, opposed the proposal due to inadequate parking,
student driver safety impacts, and traffic impacts.
Marcie Frolov, City resident, felt the project was too dense, too far from critical
services, and would have negative impacts on the adjacent high school.
Yvonne Tschaikowsky, City resident, felt the project was too dense, provided
inappropriate parking, building mass, character inconsistent with the community,
and impacts open space.
Tom Morris, City resident, felt the project posed security problems and the
density was too high.
Nadim Khalaf, Laguna Niguel resident, felt the proposal would negatively impact
the high school, was too dense, and the parking was inadequate.
Jennifer Staver, City resident, agreed with those opposed to the project.
Council Comment:
3-18-2008 13
Council Member Hribar, Council Member Allevato, and Mayor Soto supported
continuing consideration of processing the project to allow the applicant to
provide comment before action on the project is taken.
Mayor pro tem Nielsen and Council Member Uso supported directing staff to stop
processing the General Plan Amendment for this project, as the project is not
supportable for many reasons; and the desire to not waste the applicant’s and
staff’s time on a project that may later be determined to be inappropriate for the
site.
For the record, Mayor pro tem Nielsen stated that the applicant had been given
notice that this item would be on tonight’s agenda and elected to leave, while
many residents elected to stay and provide comment.
Council Actions:
Moved by Mayor pro tem Nielsen, seconded by Council Member Uso, and failed
on a 2-3 vote, with Council Member Hribar, Council Member Allevato, and
Mayor Soto opposed, to discontinue processing the request for a General Plan
Amendment for this project; and notify the applicant that he proceeds at his own
risk and expense to pursue a project that Council does not support due to its high
density.
ROLL CALL
AYES: COUNCIL MEMBERS: Nielsen, Uso,
NOES: COUNCIL MEMBERS: Hribar, Allevato, Mayor Soto
ABSTAIN: COUNCIL MEMBERS: None
Moved by Council Member Hribar, seconded by Mayor pro tem Nielsen and
carried unanimously, 5-0, to direct staff to return to Council within 30 days
Consideration of Processing of the Villa Montana Project Associated with the
Whispering Hills Planned Community, Generally Located West of La Pata
Avenue Approximately 1.4 Miles South of Ortega Highway.
ORDINANCES
1. ORDINANCE NO. 935 AMENDING THE MUNICIPAL CODE RELATED TO
COMMISSIONS AND BOARDS, ANNUAL SELECTION OF OFFICERS FOR
COMMISSIONS AND BOARDS ADOPTED. (TITLE 2, SECTION 2-
2.108)(110.20/610.30)
3-18-2008 14
Description: Staff recommended Council approve second reading and adoption
of the Ordinance amending the Municipal code related to Commissions and
Boards, annual selection of Officers for Commissions and Boards.
Written Communications: Report dated March 18, 2008, by Meg Monahan, City
Clerk.
Maria Morris, Deputy City Clerk, read the title of the ordinance, entitled “AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING MUNICIPAL CODE SECTION 2-2.108- OFFICERS, RELATED TO
THE ANNUAL ELECTION OF COMMISSION AND BOARD OFFICERS.”
Council Action: Moved by Council Member Hribar, seconded by Council
Member Uso and carried unanimously, 5-0, to approve second reading and
adoption of Ordinance No. 935 amending the Municipal Code related to
Commissions and Boards.
2. ORDINANCE NO. 936 AMENDING THE COMPREHENSIVE DEVELOPMENT
PLAN (CDP) 86-04 FOR CENTRA POINTE OFFICE PARK ADOPTED.
(CENTRA REALTY CORPORATION) (MARBELLA GOLD & COUNTRY CLUB
PLANNED COMMUNITY DISTRICT STANDARDS) (460.20)
Description: Staff recommended Council approve second reading and adoption
of the ordinance amending the Comprehensive Development Plan (CDP) 86-04
for Centra Pointe Office Park.
Written Communications: Report dated March 18, 2008, by Meg Monahan, City
Clerk.
Maria Morris, Deputy City Clerk, read the title of the ordinance, entitled “AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING COMPREHENSIVE DEVELOPMENT PLAN (CDP) 86-04,
MARBELLA GOLD & COUNTRY CLUB PLANNED COMMUNITY (PC)
DISTRICT STANDARDS.”
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to approve second reading and
adoption of Ordinance 936 amending the Comprehensive Development Plan
(CDP) for Centra Point Office Park.
COUNCILMANIC ITEMS - None
3-18-2008 15
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 12:35 a.m. on
Wednesday, March 19, 2008, to Tuesday, April 1, 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,
_________________________________
MARIA MORRIS, DEPUTY CITY CLERK
Approved: April 15, 2008
ATTEST:
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JOE SOTO, MAYOR