08-0617_CC_Minutes_Regular MeetingMINUTES
JUNE 17, 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 (arr. 5:32 p.m.), Dr.
Londres Uso, Mayor pro tem Mark Nielsen (arr. 5:32 p.m.), and Mayor Joe Soto
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; Cynthia L. Russell, Assistant City
Manager; Omar Sandoval, City Attorney; Maria Morris, Deputy 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 purposes, as authorized by statute:
1. Pursuant to Government Code Section 54957, the City Council reviewed the
performance of the City Manager.
2. Pursuant to Government Code Section 54956.9(a), the City Council conferred
with its legal counsel regarding the status of City of San Juan Capistrano v. City
of Laguna Niguel (O'Hill Subdivision).
3. 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 (Mayor Soto abstained)
RECESS UNTIL 6:30 P.M.
J
1 6-17-2008
BUSINESS SESSION
Mayor Soto called the Regular Meeting of the City Council of the City of San Juan
Capistrano to order at 6:38 p.m. in the City Council Chamber. Second Lieutenant Taylor
Dodd, Marine Corps, led the Pledge of Allegiance and Council Member Uso gave the
invocation.
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; Nasser Abbaszadeh,
Public Works Director; Steven A. Apple, Community Development 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; Michael Cantor, Senior Management Analyst; Larry Lawrence, Consulting
Case Planner; and Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Allevato reported that the new church site at La Novia and San Juan
Creek road will not impact the trails; and the Transportation Corridors Agency waived
the $39,200 corridor fees for the new Boys & Girls Club teen center.
Council Member Hribar reported attendance at the American Legion officer installation
where Matt Gaffney, Transportation Commissioner, was installed as Commander; and
announced the City can expect a cost reduction of $85,000 related to South Orange
County Wastewater Authority (SOCWA) services costs, and SOCWA board discussions
concerning a proposed residential development near their treatment facility have moved
to closed session.
Mayor Soto reported upcoming attendance at the Capistrano Valley High School
graduation and the Change of Command for Marine Battalion 1111. His written
summary included meetings with Village San Juan regarding summer transportation to
the Boys & Girls Club and meetings related to selection of a Utility Director; visits to
local auto dealerships to hear concerns; receptions for principals at two local schools; a
ribbon cutting ceremony for Capital Bank; a Shea Center fundraiser; and a San Juan
Basin Authority meeting.
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1
OPEN SPACE COMMITTEE REPORT
Mayor pro tem Nielsen announced the next Committee meeting scheduled for July 7,
2008, to include discussion of a possible November bond measure; and the June 22,
2008, trail ride and barbeque to celebrate the recent open space purchase and present
master plan progress. He also reported making a presentation to Orange County
Transportation Authority (OCTA) seeking Measure M funding related to open space
habitat restoration.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: A public scoping meeting for the proposed mixed-use Distrito
La Novia-Sari Juan Meadows project; the Mission sponsored Music Under the Stars
concert and Symphony Pops Series; San Juan Summer Nites concerts; a Trail Ride and
BBQ celebrating the City's open space area; and the annual 4th of July Celebration,
INTRODUCTIONS PRESENTATIONS AND DONATIONS
1. TAYLOR DODD RECOGNIZED FOR GRADUATING FROM THE UNITED
STATES NAVAL ACADEMY (610.40)
Council Member Allevato recognized Taylor Dodd for his recent graduation from
the United State Naval Academy; and Mayor Soto presented him with the
Certificate of Recognition.
2. SOUTH ORANGE COUNTY MAJOR INVESTMENT STUDY (MIS) —
PRESENTATION RECEIVED. (OCTA) (610.40)
Charlie Larwood of the Orange County Transportation Authority presented the
South Orange County Major Investment Study (MIS) and Council provided
comments.
3. EILEEN WHITE, RECORDING SECRETARY, RECOGNIZED (610.40)
Meg Monahan, City Clerk recognized Eileen White, Recording Secretary, for her
service to the Council and staff; and Mayor Soto presented her with a Certificate
of Appreciation.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Nielsen recognized the following individuals in attendance: Gene
Ratcliffe, Planning Commission; and Laura Freese, Housing Advisory
Committee.
3 6-17-2008
ORAL COMMUNICATIONS
Joan Irvine Smith, City resident, appreciated Council inquiries regarding the OCTA
Major Investment Study; and announced the recent platinum award received by the
Newport Beach Nature Center facility.
Raymond Herrera, Hesperia resident, Minuteman Project, expressed dissatisfaction
with criminal illegal alien activities, the City's support of the CHEC facility; and felt the
City and the Mayor supported the illegal activity.
Eileen White, Recording Secretary, thanked the Council and staff for the opportunity to
work with the City.
Don Vanderlan, City resident, inquired into the use of open space bond funds and uses
including private nursery operations. He opposed destruction of orange groves and
efforts to end residential use by Mr. Lujano, caretaker. Council Members established
that nursery operations are on private property, the orange groves will be preserved, the
open space plan will be revised, and the City will establish the facts related to other
inquires.
Von Beck, Westminster resident, opposed city actions he believed supported illegal
alien activity.
Robin Huidston, Upland resident, felt the city supported illegal aliens who cause violent
crimes and provided information for hiring veterans for day labor.
Dusty Otero, City resident, felt Mr. Lujano, caretaker of the City's orange groves, should
remain on the open space site.
Cheryl Burns, City resident, opposed Council's support of the CHEC program and a
skateboard park; and felt the city protects illegal aliens.
Lisa Ohlund, City resident, felt local support could be provided for safe bike pathways
for students seeking an alternative to riding a school bus; federal and other agency
funds may be available; and urged engineering upgrades at the Valle Road/Camino
Capistrano intersection.
Trevor Dale, City resident, requested Council allow the caretaker to live out his life on
the Swanner Ranch, charging for affordable housing rate rents and utilities, as well as a
provision to train a new caretaker.
Yvonne Tschaikowsky, City resident, felt Mr. Lujano, Swanner Ranch caretaker,
provided a living connection to the past and should remain.
4 6-17-2008
CONSENT CALENDAR
Council Action: Moved Mayor pro tem Nielsen, seconded by Mayor Hribar, and carried
unanimously, 5-0, to approve items 1, 2, 4, 5, 7, 8, 9, 11, 15, and 17 as recommended
by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE MAY 6, 2008, REGULAR MEETING OF THE CITY
COUNCIL APPROVED AS SUBMITTED,
3. APPROVAL OF THE REGULAR MEETING OF MAY 20, 2008, APPROVED
WITH REVISION.
This item was removed from the Consent Calendar for correction.
Council Action: Moved by Council Member Uso, seconded by Mayor pro tem
Nielsen and carried unanimously, 5-0, to approve Minutes of the May 20, 2008,
regular meeting of the City Council, with the action related to the Ortega Beer
and Wine License to reflect the first motion failing 213 with No votes of Hribar,
Uso, and Soto.
4, ACCOUNTS PAYABLE WARRANTS DATED JUNE 5, 2008, IN THE TOTAL
AMOUNT OF $1,248,623.04; AND PAYROLL WARRANTS DATED MAY 30,
2008, IN THE TOTAL AMOUNT OF $283,377.56 RECEIVED AND FILED.
(300.30)
5. BID AWARDED FOR THE PURCHASE OF (3) COPIERS TO KONICA
MINOLTA BUSINESS SOLUTIONS USA INC. FOR $76,178. (370.30)
6. THIRD AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT
SERVICES FOR FISCAL YEAR 2008-2009 APPROVED. (ORANGE COUNTY
SHERIFF'S DEPARTMENT) (600.50)
This item was removed from the Consent Calendar by Mayor pro tem Nielsen for
discussion. He requested a quarterly report from police services regarding
employee overtime; and meetings with Orange County Sheriff's Department staff
to discuss the City's police services fees.
Patricia Bello, Contract Manager, Orange County Sheriff's Department,
responded to questions related to fee computations and agreed to continued
discussions regarding reduction of costs for services.
Lt. Mike Betzler, Chief of Police Services, addressed fluctuations in overtime
accounting; and factors creating the need for employees to work overtime.
5 6-17-2008
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato and carried unanimously, 5-0, to approve Third Amendment to the five-
year agreement between the City of San Juan Capistrano and the County of
Orange for the provision of law enforcement services with the third year amount
of $6,898,558 from July 1, 2008 through June 30, 2008, with Polices services to
provide quarterly overtime reports to the City Council.
7. APPLICATION OF PAUL BUSH FOR LEAVE TO PRESENT LATE CLAIM
DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF
THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY. (170.70)
8. RESOLUTION NO. 08-06-17-01, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTION OF THE VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS)
PLAN, PLAN NUMBER: 801932," ADOPTED; AND THE CITY MANAGER
AUTHORIZED TO EXECUTE THE ADMINISTRATIVE SERVICES
AGREEMENT WITH THE INTERNATIONAL CITY MANAGEMENT
ASSOCIATION RETIREMENT CORPORATION AS APPROVED BY THE CITY
ATTORNEY. (INTERNATIONAL CITY MANAGEMENT ASSOCIATION
RETIREMENT CORPORATION) (720.60)
9. RESOLUTION NO. 08-06-17-02, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING ITS ARTICLE XIIIB APPROPRIATION LIMITATION (GANN LIMIT)
FOR THE 2008/2009 FISCAL YEAR," ADOPTED ESTABLISHING THE 2008-
2009 APPROPRIATION LIMITATION OF $55,460,697. (330.20)
10. CONSIDERATION OF REVISED MEMORANDUM OF UNDERSTANDING
WITHDRAWN FROM THE AGENDA BY STAFF. (BOYS & GIRLS CLUB OF
CAPISTRANO VALLEY) (600.30)
11. AMENDMENT NO. 1 TO THE PERSONAL SERVICES AGREEMENT FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE COOKS RESERVOIR
REPLACEMENT PROJECT WITH TETRA TECH, INC., APPROVED IN THE
AMOUNT OF $41,625. (CIP NO. 769) (TETRA TECH INC.) CITY COUNCIL
PRIORITY NO. 24B (600.30)
12. CHANGE ORDER NO. 1 FOR THE HIGH WEST SIDE PIPELINE PROJECT
APPROVED WITH DIRECTION. (CIP NO. 793) (J. DE SIGIO CONSTRUCTION,
INC.) (600.30)
This item was removed from the Consent Calendar by Mayor pro tem Nielsen to
suggest revision to the document to ensure the City's ability to collect fair share
contributions of the cost of the project if and/or when the subject lot is developed.
6 6-17-2008
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Hribar and carried unanimously, 5-0, to approve Change Order No. 1 for
the High West Side Pipeline Project (CIP No. 793) in the amount of $62,352.29;
authorize the City Manager to execute the Change Order; and, if possible, the
expenditure to install the water line fixtures to serve the future development of
the vacant lot on the west side of Del Obispo Street across from the Vermulean
Shopping Center to be noted for future conditions of approval and fair share
contribution by such future development.
13. CONSIDERATION OF CUSTODIAL MAINTENANCE SERVICES BIDS
POSTPONED TO JULY 15, 2008; AND STAFF DIRECTED TO FURTHER
RESEARCH BIDS. (D&I MAINTENANCE SERVICE, INC.) (600.30)
This item was removed from the Consent Calendar to allow for public comment.
Description: In response to staff's issuance of Request for Proposals (RFP) for
custodial maintenance services for the park restrooms, the La Sala facility, and
the Old Fire Station, staff received six proposals. Staff interviewed the companies
with the lowest bid proposals and verified references. Staff recommended
Council approve the Personal Services Agreement with D&I Maintenance
Services, Inc., for performance of Custodial Services for a three-year period
commencing July 1, 2008, and ending June 30, 2011, in the amount of
$117, 960.00.
Written Communications: Report dated June 17, 2008, by Michelle Perea,
Administrative Assistant.
Presentations:
Cindy Russell, Assistant City Manager, briefly reviewed the staff report. She
described the research staff performed to ensure the lowest bidders understood
the full range of tasks required with the assignment, and comprehensive check of
references provided by the companies.
Omar Sandoval, City Attorney, advised Council they are not legally required to
following the bid process for this project because it is a service product, and can
act at their discretion.
Public Comment:
Ted Donoho, Mission Viejo resident, Vocational Visions, expressed concern that
twelve employees will lose their jobs due to the economics of the project.
Edward W. Kenna, Mission Viejo resident, Vocational Visions, explained pricing
used to bid the project; expressed concern with large bid variances; stated need
7 6-17-2008
to provide social service as well as cleaning service; and requested
reconsideration of award of bid.
Council Comment:
Council Member Allevato felt more study was needed recognizing that use of
Vocational Visions provided service to the community while contracting for the
past 15 years. He was concerned whether the low bid provided the same level of
service.
Council Member Uso ascertained that no complaints have been received related
to Vocational Visions; and agreed that the situation needed more study, stressing
the need for fiscal responsibility.
Mayor Soto suggested continued negotiations with Vocational Visions and if and
agreement could not be reached, the project could be re -bid at a later date.
Mayor pro tem Nielsen inquired into RFP wage requirements and felt more
information was needed before taking action.
Council Member Hribar supported working with Vocational Visions to reduce their
fees.
Council Actions:
Moved by Mayor Soto, seconded by Council Member Hribar and failed on a 2-3
vote, with Council Member Uso, Council Member Allevato, and Mayor pro tem
Nielsen opposed, to reject all bids for custodial maintenance services, continue
negotiations with Vocational Visions, and if an acceptable agreement is not
reached, the City will re -bid the project in six months.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Mayor Soto
NOES: COUNCIL MEMBERS: Allevato Nielsen, Uso
ABSTAIN: COUNCIL MEMBERS: None
Moved by Mayor pro tem Nielsen, seconded by Council Member Hribar and
carried 4-1, with Mayor Soto opposed, to continue consideration of all bids; and
staff to verify that service bids conform to all local, state, and federal laws and to
seek updated pricing and support information.
ROLL CALL
8 6-17-2008
AYES: COUNCIL MEMBERS: Allevato, Hribar, Nielsen, Uso
NOES: COUNCIL MEMBERS: Mayor Soto
ABSTAIN: COUNCIL MEMBERS: None
14. AGREEMENT FOR LONG-TERM VISION/STRATEGIC BUSINESS PLANNING
SERVICES APPROVED. (GFOA) CITY COUNCIL PRIORITY NO. 21 B (600.30)
This item was removed from the Consent Calendar by Council Member Hribar to
request staff review the City's goals for the next ten years for the benefit of the
public. Cindy Russell, Assistant City Manager, briefly reviewed the City's long
term vision and strategic goals.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Allevato and carried unanimously, 5-0, to approve Agreement with the
Government Finance Officers Associates (GFOA) to provide services relating to
the development of the City's Long -Term Vision and Strategic Business Plan, in
the amount of $102,730; and authorize the City Manager to execute the
agreement.
15. AMENDMENT NO. 3 TO THE PERSONAL SERVICES AGREEMENT WITH
ENVIRONMENTAL SCIENCE ASSOCIATES FOR AN INCREASE OF $6,185.66
TO THE EXISTING CONTRACT FOR PREPARATION OF AN
ARCHAEOLOGICAL EVALUATION AND DATA RECOVERY PLAN (AEDRP)
FOR THE RECYCLED WATER MATER PLAN APPROVED.
(ENVIRONMENTAL SCIENCE ASSOCIATES) (CIP NO. 792) (600.30)
16. RESOLUTION NO. 08-06-17-03 SUPPORTING THE ESTABLISHMENT OF
OCCUPANCY LEVEL LIMITATIONS IN SINGLE FAMILY RESIDENCES,
ADOPTED WITH REVISION (660.40)
This item was removed from the Consent Calendar by Mayor pro tem Nielsen to
suggest revision.
Public Comment: Eric Johnson, City resident, supported occupancy limits due
to the impacts within the Rio Vista Community Homes Association caused by
overcrowding.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Mayor Soto
and carried unanimously, 5-0, to adopt Resolution No. 08-06-17-03, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, SUPPORTING THE ESTABLISHMENT OF
OCCUPANCY LEVEL LIMITATIONS IN SINGLE FAMILY RESIDENCES,"
revised to add reference of impacts on water resources; and the City Attorney
and consulting code enforcement attorney directed to investigate, identify, and
9 6-17-2008
report options (existing codes as well as new regulations) available to limit
negative impacts of occupancy levels on the community.
17. RESOLUTION NO. 08-06-17-04, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S CLASSIFICATION AND
COMPENSATION PLAN," ADOPTED. (700.20)
PUBLIC HEARINGS
RESOLUTION NO. 08-06-17-05, DENYING THE REZONE APPLICATION BY
ROY STEVENS (RZ) 07-008 TO CHANGE THE ZONING ON APN 650-201-12
FROM RSE-20,000 TO GENERAL COMMERCIAL (GC) OR
RES] DENTIALIAGRICULTURE (RA), ADOPTED WITH REVISION. (460.20)
Description: Applicant Roy Stevens applied to rezone his property to allow retail
nurseries as well as special events, weddings, and similar gatherings as
permitted uses on the property. A retail nursery, which ceased operations in
2003, was a permitted use on the property in the past. The property was
redesignated as RSE 20,000, the same as surrounding residential uses, during
the 2002 overhaul of the Land Use Code and Zoning Map. Mr. Stevens
subsequently modified the rezone application to request a rezone to GC General
Commercial that would permit retail nurseries and other uses. If that use is not
acceptable, he proposed a rezone to RA Residential Agricultural. The Planning
Commission reviewed the proposed rezoning at its February 12 and April 22,
2008, meetings; recommended Council deny the alternative GC General
Commercial and RA Residential Agricultural rezone requests due to
incompatibility with surrounding uses and inconsistency with General Plan,
respectively; and indicated a willingness to consider returning the property zoning
to its pre -2002 condition that would allow reestablishment of the nursery use but
prohibit special events such as weddings and receptions. Staff recommended
Council adopt a resolution denying the proposed rezones.
Written Communications:
Report dated June 17, 2008, by Steve Apple, Planning Director.
Packet of Correspondence and attachments, various dates, from Leroy Stevens,
applicant, supporting his request for rezone.
Letter dated June 16, 2008, from Dan and Katie Price, City residents, opposed to
allowing commercial uses in a residential zone.
Letter dated June 13, 2008, from Sal & Sherri Scarantino, City residents,
supporting the Planning Commission recommendation to deny the request due to
10 6-17-2008
increased traffic congestion, noise impacts, and incompatibility with surrounding
residential uses.
Presentations:
Larry Lawrence, Consulting Case Planner, summarized the staff report.
Kurt Conone, S.C.F.F.O, LLC., San Clementeattorney representing the applicant,
discussed why the property is better suited for commercial rather than residential
use.
Mayor Soto opened the public hearing.
Public Testimony:
Mary Gage Gillette, City resident, expressed opposition to the re -zone
applications due to negative impacts and traffic.
John C. Sanders, City resident, was opposed due to the current noise impacts
due to the site being used for events.
Mike Recupero, City resident, representing the Codet Family, City residents,
opposed the re -zone application due to negative impacts to surrounding
residential uses.
Anthony Codet, City resident, was opposed to the application due to the current
noise and other impacts on his property due to events held on the subject parcel.
Luci Arons, San Clemente resident, supported the proposal and shared personal
knowledge that efforts were made to control noise from an event she hosted on
the property.
Mary Ann Porter, City resident, was concerned about overgrown vegetation on
the subject site that posed a fire hazard as well as stagnant pond water that
harbors mosquitoes.
Kathy Barnum, Mission Viejo resident, requested denial of the application and felt
the site was poorly maintained, posed many impacts to neighbors as well as
code enforcement problems.
Cloyce Kelly, City resident, supported the application as there is a shortage of
event sites in the city.
Sal Scarantino, City resident, did not support commercial activity on the site as
evidenced by the current negative impacts to neighbors.
11 6-17-2008
Debra Riesenbery, Fallbrook resident, requested approval of the application as
the commercial zoning would alleviate the existing maintenance and financial
burdens caused by owning this property.
Mike Kelly, City resident, supported commercial zoning as it was a beautiful site
and offered a good commercial use.
Katie Arons, San Clemente resident, supported the commercial use and
suggested limitations on hours of use and other restrictions to provide a
compromise.
Earl Porter, City resident, felt the property should remain residential due to
surrounding land use and history of non-compliance.
Kevin Lenhert & Patricia Molina, City residents, were opposed as they are
currently impacted by noise from events held on the property.
Lorie Porter, City resident, opposed the proposal due to the long history of
adjacent residential land uses, and existing negative impacts caused by special
events held on the property. She read a letter from James Haroldson, 11 years
old, relaying altercations with Mr. Steven's representatives that have frightened
him.
In rebuttal, Mr. Conone listed grievances from Mr. Stevens over the years,
including the neighbors' efforts to prevent Mr. Stevens from rezoning his property
in order to raise the values of their own properties; prohibition against him using
his property for financial gain; damage caused to his property in the past;
easement access for 122 homes; and extensive illegal use of motorbikes and
skateboards on the easement. He asked Council to disregard any statements not
supported by facts.
Mayor Soto closed the public hearing.
Council Comment:
Council Member Uso felt there were many issues that need to be taken into
consideration concerning this property, including the balance of rights and needs
for the community, positive fiscal impacts of commercial properties, and retaining
a property owner's rights without negatively impacting adjacent neighbors.
Mayor pro tem Nielsen supported rezoning the property back to its pre 2002
zoning status that allowed the retail nursery use, then address issues between
the neighbors and consider special event uses.
Council Member Hribar suggested Mr. Stevens consider developing the property
as half acre residential lots in order to realize financial gain from the property,
12 6-17-2008
and supported rezoning the property to its pre 2002 zoning, which would allow
nursery use with no special events.
Council Member Allevato supported Planning Commission recommendation to
deny both alternate uses and felt that more noticing may be needed to return the
property to its pre 2002 zoning
Mayor Soto acknowledged that despite the attractiveness of the property, the
neighbors experienced negative impacts due to the special events on the
property. He supported the Planning Commission recommendation and felt no
compelling reason had been presented to support a rezone.
Council, staff, and Mr. Leroy Stevens, the applicant, discussed the potential for
the property to go back to its pre 2002 zoning status, which would allow a retail
nursery use to generate an income off the property. Council Members
emphasized that no parties or special events would be allowed.
Omar Sandoval, City Attorney, advised that Precise Plan 93-01 prohibits
gatherings on the site. If events are held there, they will be treated as Code
Enforcement actions under the City's Noise and Nuisance Ordinances.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Hribar and carried 3-2, with Council Member Allevato and Mayor Soto
opposed, to adopt Resolution No. 08-06-17-05, entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DENYING REZONE (RZ) 07-008 REQUESTING REZONE FROM
SINGLE FAMILY — 20,000 (RSE-20,000) TO GENERAL COMMERCIAL (GC)
OR RESIDENTIAUAGRICULTURE (RA), (APN 650-201-12) (ROY STEVENS),-
revised to include further resolution that a) the (RA) re -zone application will be
reconsidered if a proper General Plan amendment is approved; and b) Precise
Plan 93-01 is reinstated, allowing for the pre -2002 commercial nursery operation
and RSE-20,000 uses to be reinstated; and c) reconfirming that special events
are not allowed.
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Nielsen, Uso
NOES: COUNCIL MEMBERS: Allevato, Mayor Soto
ABSTAIN: COUNCIL MEMBERS: None
RECESS AND RECONVENE
1
Council recessed at 11:52 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency, Public Financing Authority, and Sewer Maintenance District
No. 1 meetings, and reconvened at 11:59 p.m.
ADMINISTRATIVE ITEMS - None
ORDINANCES - None
COUNCILMANIC ITEMS - None
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 11:59 p.m. to
Tuesday, July 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.
illy sub l to
f
ET R. MONAHAN, CITY CLERK
A!pproied: July 17, 2008
14 6-17-2008