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08-0520_CC_Minutes_Regular Meeting1 MINUTES MAY 20, 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; Steven A. Apple, Planning Director 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(a), the City Council conferred with its legal counsel regarding the status pf City of San Juan Capistrano v. City of Laguna Niguel (O'Hill Subdivision). 2. Pursuant to Government Code Section 54956.9(a), The City Council conferred with its legal counsel regarding Scalzo Family Trust v. City of San Juan Capistrano. (Abstain: Soto) 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 6:30 p.m. in the City Council Chamber. Mayor pro tem Nielsen led the Pledge of Allegiance and Council Member Hribar gave the invocation. 1 8-20-2008 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; 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; Grant Taylor, Assistant Planning Director; Douglas Dumhart, Economic Development Manager; Francie Kennedy, Water Conservation Coordinator; 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 announced that he accepted, as a representative of the entire community, a plaque presented by the Marine Battalion 1111, in deep appreciation for our community's many contributions and support of the battalion; and he noted the smooth running of the Chili Cook -off. Council Member Hribar shared recent compliments extended from outside officials and business owners regarding the City and our events. Mayor pro tem Nielsen reported attendance at numerous meetings. Mayor Soto reported attendance at the San Juan Seniors' 90+ Birthday Party; Orange County Waste & Recycling Commission; League of Cities meeting; Budget Workshop; Orange County Library Advisory Board meeting; Chili Cook -off; Grand Opening of the Forster Mansion event center; Capistrano Valley Conservancy and Irvine Ranch Conservancy 2008 Heritage Art Exhibition Gala dinner, hosted by Joan Irvine Smith; the Rotary Club "Sweetheart of a Deal" event; and the District Attorney's local gang prevention meeting. He also hosted the South Orange County Association of Mayors' breakfast at the Mission San Juan Capistrano. OPEN SPACE COMMITTEE REPORT Mayor pro tem Nielsen announced the upcoming Open Space Trail Ride and placement of the Crystal Cathedral property on the market for sale, and approval at the May 12 meeting of an open space preservation budget request to be forwarded to the City Council, 2 5-20-2008 1 ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, communitywide Opera; "Relay Advisory Board period for adult and barbeque. Community Services Director, announced the following upcoming events: Habitat for Humanity Open House; Multicultural Arts Series for Life" Business Mixer; A Governmental Affairs Meeting; Youth is seeking nominations for the annual Youth of the Year; application mentors to the City's Youth Advisory Board; and open space trail ride INTRODUCTIONS, PRESENTATIONS, AND DONATIONS SWALLOWS DAY PARADE FIRST PLACE AWARD PRESENTED FOR SISTER CITY FLOAT (610.40) Mayor Soto recognized Vicky Carabini, Ambassador to San Juan Capistrano's Sister City of Capestrano, Italy, for their First Place float entry in the Swallow's Day Parade; and Council Member Allevato assisted with presenting flowers and the award. 2. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10) Mayor pro tem Nielsen recognized the following individuals in attendance: Don Tryon, Cultural Heritage Commission; Robert Cardoza, Planning Commission; Gail Zukow, Parks, Recreation and Equestrian Commission; Les Blair, Council Liaison to the San Juan Seniors; and Tom Margro, Chief Executive Officer of the Transportation Corridors Agency ORAL COMMUNICATIONS Joan Irvine Smith, City resident, spoke regarding the 2008 Heritage Art Sale and protecting the historical mature of the Ortega Highway. Dr. Julie Ryan Johnson, City resident, thanked the Council for not supporting trail use fees for equestrians and the Equestrian Coalition's efforts to provide for website based GPS for trail users. Nasser Abbaszadeh, Engineering & Building Director, reported that trail signage is expected to be installed by the end of May 2008. Jim Vance, City resident, discussed the owners' efforts to close Capistrano Terrace Mobile Home Park. Anne Fox, City resident, requested assistance in installation of a fence to prevent high school students from accessing private property from Camino Lacouague and the need for utility road signage. Nasser Abbaszadeh, Engineering & Building Director, reported that CUSD anticipated installation of the fence by the end of this week. 5-20-2008 Cheryl Burns, City resident, Minuteman Project, felt the City was providing a safe haven for illegal immigrants and objected to statements made at the last meeting. Raymond Herrera, Laguna Hills resident, Minuteman Project, felt American citizens were not treated properly at the last meeting due to their objection of the City's support of the CHEC program; and related incident where he felt two children who were assumed to be illegal aliens improperly relieved themselves on the Mission grounds. Robin Hvidston, Laguna Hills resident, Minuteman Project National Organizer, also witnessed the children's acts; and urged Council to stop illegal immigration to keep the City beautiful. Jim Gilchrist, Laguna Hills resident, Minuteman Project President, felt the United States was not doing enough to respond to illegal immigration; and praised the Minuteman Project for its multiethnic and multicultural roots. Bob Holtzclaw, Lake Forest resident, felt the services CHEC provides at the site should be prohibited. Dave Norman, City resident, requested information on a letter recently sent by the City to elected representatives concerning residential property occupancy limits. Dave Adams, City Manager, reported that a letter pertaining supporting legislation that would allow local government to apply occupancy standards was send to California State legislative representatives; and the letter is similar to letters sent by other local governments. Council Member Nielsen requested staff bring a resolution to the Council for consideration related to support for occupancy limits. Orrie Brown, City resident, was disappointed no resolution would be issued in support of the housing restriction; and requested the Council address the City's status as a sanctuary for illegal aliens at a future meeting. Dusty Otero, City resident, urged Council to address issues of illegal immigration for the sake of the City's residents. CONSENT CALENDAR Council Action: Moved Mayor pro tem Nielsen, seconded by Mayor Hribar, and carried unanimously, 5-0, to approve items 1, 3, 4, 7, 10, and 11 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF APRIL 15, 2008, APPROVED WITH REVISION. 4 5-20-2008 1 This item was removed from the Consent Calendar by Council Member Hribar for revision. Council Action: Moved by Council Member Hribar, seconded by Mayor Soto and carried unanimously, 5-0, to approve Minutes of the Regular meeting of April 15, 2008, with revision as follows. under Council Comments and Oral Reports/Council Member Hribar: replace "mobile home park" with "140 unit condominium/mixed use project." 3. ACCOUNTS PAYABLE WARRANTS DATED MAY 8, 2008, IN THE TOTAL AMOUNT OF $632,275.34; AND PAYROLL WARRANTS, DATED MAY 2, 2008 IN THE TOTAL AMOUNT OF $284,757.09, RECEIVED AND FILED. (300.30) 4. RESOLUTION NO. 08-05-20-01, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO WAIVE THE FORMAL BIDDING PROCESS AS AN EMERGENCY CONDITION, DECLARING THE NECESSITY THEREOF, AND REPLACEMENT OF TRUNK SEWER PIPE LOCATED ALONG THE CITY'S EASTERLY PROPERTY LINE," ADOPTED; AND THE CITY MANAGER AUTHORIZED TO ENTER INTO AN AGREEMENT WITH BOUDREAU PIPELINE FOR PROCUREMENT AND REPLACEMENT OF DESIGNATED SECTION OF THE TRUNK SEWER PIPELINES, IN THE AMOUNT OF $432,735. (BOUDREAU PIPELINE) (CIP NO. 728 AND CIP NO. 716) (600.30) 5. TWO-YEAR AGREEMENT WITH THE SAN JUAN CAPISTRANO CHAMBER OF COMMERCE FOR VISITOR INFORMATION SERVICES APPROVED AS AMENDED. (600.30) This item was removed from the Consent Calendar by Council Member Allevato to suggest Council work on relocating the office closer to the Downtown Business area in the future. In addition, Mayor pro tem Nielsen suggested language revisions. Council Action: Moved by Council Member Allevato, seconded by Council Member Uso and carried unanimously, 5-0 to approve two-year agreement with the San Juan Capistrano Chamber of Commerce for visitor information services for Fiscal Years 2008-2009 and 2009-2010 in the amount of $27,010 annually, approved as amended to include: Section 7 of agreement amended to add "unless sooner terminated by the City in its sole discretion upon a minimum of six month notice." 5-20-2008 6. CONSIDERATION OF AWARD OF CONTRACT FOR THE 2008-2010 4TH OF JULY CELEBRATION FIREWORKS SKY CONCERT WITHDRAWN FROM THE AGENDA (PYRO SPECTACULARS, INC.) (600.30) This item was withdrawn from the agenda by staff. 7. RESOLUTION NO. 08-05-20-02 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 ON TUESDAY, NOVEMBER 4, 2008, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES," ADOPTED; RESOLUTION NO. 08-05-20-03, 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 CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2008, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE," ADOPTED; AND RESOLUTION NO. 08-05-20-04, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENT SUBMITTED TO THE VOTERS AT ELECTIONS TO BE HELD ON TUESDAY, NOVEMBER 4,2008," ADOPTED. (630.20) 8. AMENDED LICENSE AGREEMENT FOR THE CITY TREE FARM APPROVED WITH REVISIONS. (MOUNTAIN PINES CHRISTMAS TREE FARM) (600.30) This item was removed from the Consent Calendar by Mayor pro tem Nielsen to suggest language revisions. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Uso and carried unanimously, 5-0 to approve amended license agreement with Mountain Pines Christmas Tree Farm, amending the term of the agreement through January 31, 2013, approved as amended to include — Section 3, regarding compensation.— amended to provide compensation from "all sales that occur on the property." 9. CONFIRMATION TO WALL OF RECOGNITION HONOREES APPROVED. (210.10) This item was removed from the Consent Calendar by Mayor Soto to endorse the subcommittee's recommended honorees. 6 5-20-2008 Council Action: Moved by Mayor Soto, seconded by Mayor pro tem Nielsen and carried unanimously, 5-0 to approve Wall of Recognition Subcommittee recommendation for the 2008 Honorees to include Mozelle Sukut, Marie Buckner, and Bill Hardy. 10. AGREEMENT WITH URS CORPORATION TO PROVIDE AN OPERATIONAL ASSESSMENT OF THE CITY'S WATER AND SEWER SYSTEM AND ORGANIZATIONAL ANALYSIS FOR THE NEW UTILITY DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $32,951, APPROVED; AND THE CITY MANAGER AUTHORIZED TO EXECUTE THE AGREEMENT. (600.30) 11. CHANGE ORDER NO. 2 TO THE COOKS RESERVOIR REPLACEMENT PROJECT (CIP NO. 769), IN THE AMOUNT OF $14,352.60, RATIFIED. (CIP NO. 769) (PACIFIC HYDROTECH CORPORATION, INC.) CITY COUNCIL PRIORITY NO. 24B (600.30) 12. RESOLUTION NO. 08-05-20-05 ADOPTED MAKING A FINDING OF PUBLIC CONVENIENCE FOR THE ORTEGA SHELL BEER AND WINE LICENSE. (APN 650-151-18) (3M HOLDING LLC) (M & M PETROLEUM SERVICES, INC.) (585.15) This item was removed from the Consent Calendar by Mayor pro tem Nielsen for discussion. Description: The owner of the Ortega Shell Gas Station located on the north side of Ortega just east of the freeway has applied for an off -sale beer and wine license from the State Department of Alcoholic Beverage Control (ABC). Noting that there is an "undue concentration" of such licenses in the applicable census tract, ABC has asked the City to make a determination of "Public Convenience or Necessity" to justify issuance of the license. Staff has determined the use will provide convenience for the public, and Lt. Betzler of Police Services has indicated no specific concerns with the issuance of the license. Staff recommended Council adopt a resolution making a finding of Public Convenience and Necessity for the Ortega Shell Beer and Wine License. Written Communications: Report dated May 20, 2008, by Steve Apple, Planning Director. Presentation: Steve Apple, Planning Director, and Grant Taylor, Assistant Planning Director, provided the staff perspective. Public Comment: Michael Brewer, Temecula, representing M & M Petroleum Services, Inc., provided information as to other sales in the tract, and answered Council questions regarding planned business activities. 7 5-20-2008 Council Comment: Mayor pro tem Nielsen supported permitted alcohol sales until 12:00 midnight to be in line with other outlets selling alcohol in the immediate area; and suggested elimination of the word "necessity" in the ABC determination. Council Member Uso supported eliminating the word "necessity;" and was opposed to allowing alcohol sales at gas stations in general to discourage drinking and driving. Council Members Allevato and Hribar, and Mayor Soto concurred to support the location for the sake of public convenience only; supported sales until 2:00 a.m. to stay within code regulations; and supported the applicant's legal right to provide alcohol, noting there were laws in place to deal with people intent on drinking and driving. Council Actions: Moved by Mayor pro tem Nielsen, seconded by Council Member Uso and failed, on a 2-3 vote, with Council Member Allevato, Council Member Hribar, and Mayor Soto opposed to adopt the resolution making a finding of Public Convenience and Necessity for the Ortega Shell Beer and Wine License," revised to remove "and Necessity" from the finding and permit alcohol sales only until 12:00 a.m. Midnight. ROLL CALL AYES: COUNCIL MEMBERS: Nielsen, Allevato NOES: COUNCIL MEMBERS: Uso, Hribar, Mayor Soto ABSTAIN: COUNCIL MEMBERS: None Moved by Council Member Hribar, seconded by Mayor Soto and carried 3-2, with Council Member Uso and Mayor pro tem Nielsen opposed to adopt Resolution No. 08-05-20-05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING A FINDING OF PUBLIC CONVENIENCE AND NECESSITY FOR A PROPOSED OFF -SALE BEER AND WINE LICENSE FOR THE NEW SHELL GAS STATION AND FOOD MART LOCATED ON THE NORTH SIDE OF ORTEGA HIGHWAY BETWEEN I- 5 AND AVENIDA LOS CERRITOS (APN 650-151-18)(3M HOLDING LLC)(M & M PETROLEUM SERVICES, INC.)." $ 5-20-2008 ROLL CALL AYES: COUNCIL MEMBERS: Allevato, Hribar, Mayor Soto NOES: COUNCIL MEMBERS: Nielsen, Uso, ABSTAIN: COUNCIL MEMBERS: None 13. RESOLUTION NO. 08-05-20-06 ADOPTED INITIATING PROCEEDINGS TO PROVIDE FOR THE INCREASE IN THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN LANDSCAPE MAINTENANCE DISTRICTS; AND RESOLUTION NO. 08-05-20-07 ADOPTED DECLARING THE CITY'S INTENTION TO PROVIDE FOR ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN LANDSCAPE MAINTENANCE DISTRICTS. (SEAVIEW) (BELFORD TERRACE) (MISSION SPRINGS) (MISSION WOODS) (LOS CORRALES) (CAPISTRANO ROYALE) (345.20) This item was removed from the Consent Calendar by Council Member Allevato to clarify the deficit mitigation procedures; and to allow for public comment. Public Comment: Tom Lorch, San Clemente resident and property owner within landscape district, requested information regarding the possibility of water costs doubling, and recommended installation of drought tolerant plantings. Cindy Russell, Assistant City Manager, acknowledged receipt of Mr. Lorch's letter, and will forward to him the information requested. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Allevato, and carried unanimously, 5-0, to adopt Resolution No. 08-05- 20-06, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS FOR ANNUAL LEVY OF ASSESSMENT AND ORDERING THE PREPARATION OF THE ENGINEER'S REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND CHAPTER 2.5 OF PART 1 OF DIVISION 1 OF TITLE 5 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT;" and Resolution No. 08-05-20-07, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO ORDER AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR MAINTENANCE IN EXISTING LANDSCAPE AND OPEN SPACE DISTRICTS, PURSUANT TO THE PROVISIONS OF DECISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA (COMMENCING WITH SECTION 22500) AND CHAPTER 2.5 OF PART 1 OF DIVISION 1 OF TITLE 5 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA (COMMENCING WITH SECTION 50575), FOR PROCEEDINGS FOR THE 9 5-20-2008 ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT, AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING THEREON." 14. TOLLING AGREEMENT BETWEEN THE MARTIN E. AND MARION E. SCALZO FAMILY TRUST AND THE CITY OF SAN JUAN CAPISTRANO APPROVED. (600.30) This item was removed from the Consent Calendar to allow Mayor Soto to abstain due to the project's close proximity to his residence. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Hribar and carried 4-0-1, with Mayor Soto abstaining, to approve Tolling Agreement between the Scalzo Family Trust and the City of San Juan Capistrano. ROLL CALL AYES: COUNCIL MEMBERS: Allevato, Hribar, Nielsen, Uso NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Mayor Soto PUBLIC HEARINGS RESOLUTION NO. 08-05-20-08 ADOPTED CERTIFYING THE NEGATIVE DECLARATIONIINITIAL STUDY FOR CODE AMENDMENT NO. 07-02, TITLE 9 AMENDMENT TO THE SAN JUAN CAPISTRANO MUNICIPAL CODE; AND FIRST READING AND INTRODUCTION OF AN ORDINANCE APPROVING THE CODE AMENDMENT CA 07-02 (GENERAL PROCEDURES — ADMINISTRATION); SECTION 9-4.101 THROUGH 9.4.405 (SUBDIVISIONS AND APPENDIX A) (DEFINITIONS) — CONTINUED FROM MAY 6, 2008 (420.30) Description: This item was first presented to the City Council on April 1, 2008. The public hearing was opened at that time and continued to May 6, 2008. At its May 6, 2006, meeting, Council authorized staff to initiate Land Use Code revisions to address concerns identified by the Planning Commission with some of the language. Staff drafted revisions to three chapters of the Land Use Code relating to general procedures, administration, subdivisions, and definitions for Planning Commission review. The Planning Commission reviewed the Code Amendments at five public workshops and two public hearings, provided input, and recommended Council approval. Council reviewed the proposed Code Amendment and established a subcommittee for final review and recommendation. The subcommittee reviewed the draft ordinance and made minor changes to clarify wording and improve procedures. Staff recommended 10 5-20-2008 Council adopt the resolution certifying the Negative Declaration/initial Study; and approve first reading and introduction of an ordinance approving Code Amendment CA 07-02 (Title 9). Written Communication: Report dated May 20, 2008, by Grant Taylor, Assistant Planning Director. Presentation: Grant Taylor, Assistant Planning Director, summarized the staff report. The public hearing was opened at the April 1, 2008 meeting. Mayor Soto invited the public to provide testimony. Public Testimony. Lennie Decaro, City resident, was concerned about Title 9 revisions impact on trail access, the Master Plan of Arterial Highways (MPAH) consistency, and widening of the Ortega Highway. She requested that her latest email and attachments be included in the record. Mayor Soto closed the public hearing. Meg Monahan, City Clerk, read the title of the ordinance, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING CODE AMENDMENT (CA) 07-02 (TITLE 9 — LAND USES) RELATING TO ZONING PROCEDURES, ADMINISTRATION, SUBDIVISIONS AND DEFINITIONS SET FORTH IN SECTION 9-1, 9-2, 9-3, 9-4 AND APPENDIX," Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Uso and carried unanimously, 5-0, to adopt Resolution No. 08-05-20- 08, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION/INITIAL STUDY FOR CODE AMENDMENT (CA) 07-02 (TITLE 9 — LAND USE) PERTAINING TO ZONING PROCEDURES, ADMINISTRATION AND DEFINITIONS TO INCLUDE SECTIONS 9-1.101 THROUGH 9-2.401 (GENERAL PROCEDURES -ADMINISTRATION), SECTIONS 9-4.101 THROUGH 9-4.405 (SUBDIVISIONS) AND APPENDIX (DEFINITIONS);" as amended by the Title 9 subcommittee per attachment 1 to the agenda report, excluding item 49a (related to lot area), and Lot Area defined as "The total area (measured in a horizontal plan) included within the boundary lines of the lot, minus any area taken up by surface easements over the lot, such as for equestrian trails, streets, bikeways, open channel storm drains, etc.;" and approve first reading and introduction of an ordinance approving Code Amendment CA 07-02. 11 5-20-2008 RECESS AND RECONVENE Council recessed at 8:30 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 9:57 p.m. ADMINISTRATIVE ITEMS G1. ADMINISTRATIVE SERVICES DIRECTOR a. DIRECTION GIVEN TO STAFF CONCERNING ORDINANCE ESTABLISHING CHAPTER 12 OF TITLE 6 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO WATER CONSERVATION (1050.90) Description: The protection, conservation, and management of local and imported water supplies are some of the main functions of the City as a domestic water purveyor. The City has the power to establish rules and regulations for the distribution and use of water, as well as undertake a water conservation program to promote efficient water use and reduce water waste. To this end, staff has drafted an ordinance to provide both guidelines for prudent water use and the tools to enforce year-round water conservation. The ordinance also updates the four -stage contingency measures which can be put in place upon declaration of water shortages. Staff recommended Council approve first reading and introduction of an ordinance establishing Chapter 12 of Title 6 of the San Juan Capistrano Municipal Code pertaining to Water Conservation. Written Communications: Report dated May 20, 2008, by Francie Kennedy, Water Conservation Coordinator. Presentation: Francie Kennedy, Water Conservation Coordinator, summarized the staff report. She noted the primary reasons for the Ordinance adoption are to educate residents of the most efficient ways to use water, identify actions that are less efficient, and encourage behavioral changes to save water. Public Comment: Richard Gardner, Capistrano Beach, supported the ordinance and felt it was an excellent effort. Sally Bumbulis, City resident, (read into record by the City Clerk) felt the ordinance should be adopted only after a moratorium is placed on development to prevent development interests from impacting the community's resources. Council Comment: Council Members acknowledged the need for protecting, conserving, and managing the City's water supply, especially in light of the existing drought and 12 5-20-2008 anticipated future demands on the City's water supplier; identified a need to revise building codes to demand and require more energy efficient building methods; and endorsed the need for an ordinance to educate residents to the drastic water shortage situation. They expressed concern that the proposed ordinance did not have enforcement provisions, cost estimates for households, education requirements for license renewals of gardeners or yard maintenance companies, and provisions for educating the public. They requested careful review and potential relocation of elements listed for each water conservation stage; and requested staff make revisions to the ordinance in response to comments expressed. Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Uso and carried unanimously, 5-0, to direct staff to re -work the proposed ordinance and return to Council for consideration. ORDINANCES - None COUNCILMANIC ITEMS - None ADJOURNMENT There being no further business, Mayor Soto adjourned the meeting at 11:18 p.m. to Tuesday, June 3, 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 tn7d , R. MONAHAN, CITY CLERK Aop lived: June 17, 2008 1 13 5-20-2008