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,
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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.
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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.
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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
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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
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