08-0902_CC_Minutes_Regular Meeting1
MINUTES
September 2, 2008
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
Mayor Soto called the Regular Meeting of the City Council of the City of San Juan
Capistrano to order at 5:32 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
PUBLIC COMMENT — CLOSED SESSION ITEMS: None
CLOSED SESSION:
A Closed Session was held for the following purposes, as authorized by statute:
a. Pursuant to Government Code Section 54957, the City Council conducted a
public employee performance evaluation of the City Clerk.
BUSINESS SESSION
Mayor Soto called the Business Session of the Regular City Council of the City of San
Juan Capistrano to order at 6:40 pm in the City Council Chamber. Council Member
Hribar led the Pledge of Allegiance and Council Member Allevato 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
Agenda items are presented in the originally agendized format for the benefit of the
reader, but were not necessarily heard in that order.
ANNOUNCEMENTS OF CLOSED SESSION ACTIONS: Omar Sandoval, City
Attorney, announced that no reportable actions were taken during Closed Session.
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CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Hribar reminded Council to submit requests to the redevelopment
subcommittee regarding beautification projects.
Mayor Soto provided written documentation of his meetings including: Lunch with
Supervisor Bates regarding county management restructuring; joint meeting with the
Planning Commission; joint meeting with the Water Advisory Commission; and the
Mayor's business walk at the Franciscan Plaza.
OPEN SPACE COMMITTEE REPORT
Mayor pro tem Nielsen announced:
• October 4, 2008, 8:00 am for the Open Space Ridge Walk — the public is invited
• Next Open Space Committee Meeting, Monday, October 6, 2008
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
No announcements were made
INTRODUCTIONS PRESENTATIONS AND DONATIONS
DOTTIE CRAWFORD, ACCOUNTING SPECIALIST RECOGNIZED FOR 10
YEARS OF SERVICE (730.90)
2. MAYOR SOTO PROCLAIMED SEPTEMBER 17 THROUGH 23, 2008
CONSTITUTION WEEK (610.20)
3. COMMISSIONERS INTRODUCED AT THE MEETING (110.10)
Mayor pro tem Nielsen introduced the following individuals in attendance: Bob
Cardoza, Planning Commission; Erin Kutnick , Transportation Commission; Les
Blair, Council Liaison to the San Juan Seniors; Ron Denman, Parks, Recreation
and Equestrian Commission; Woodrow Carter, Superintendent of Capistrano
Unified School District; Rick Robinson, Division Chief, Orange County Fire
Authority; Tom Ressler, Principal, San Juan Hills High School; and Sue Palazzo,
Capistrano Unified School District Trustee.
ORAL COMMUNICATIONS
Joan Irvine Smith, city resident, announced the upcoming Toll Road appeal hearing at
the Del Mar Race Track; inquired into the Environmental Impact Report for the Ortega
Highway Widening; and felt the city was setting precedent through its efforts to increase
open space, support environmentally sound product controls and such.
2 09-02-2008
Tony Brown, city resident, supported E -Verify and asked that the city require city
vendors and contractors to use the system to verify immigration status of employees.
Council Member Uso invited Mr. Brown to attend an upcoming meeting of a
subcommittee created to discuss such issues. Council Member Nielsen reported that
E -Verify is no longer funded by the federal government and suggested he contact his
congressman.
Anthony Code, city resident, spoke regarding the Council's decision regarding the
Steven's property. He objected to the action to change the zoning from residential to
precise plan commercial and felt it impacted his family's safety due to the shared use of
a driveway, and asked that the matter be placed on the agenda for discussion. Omar
Sandoval, City Attorney, felt the Council had followed the public hearing process and
the access is within Caltrans jurisdiction. Council Member Uso indicated that Council
followed the recommendation of the Planning Department and felt any safety issues
needed to be identified; Council Member Allevato also felt the city needed to look into
any safety issues. Steven Apple, Community Development Director, informed the
Council that he would speak with Caltrans.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member Uso,
and carried unanimously, 5-0, to approve items 1, 3, 5, 6 & 7 as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY APPROVED
2. MINUTES OF THE AUGUST 19, 2008 REGULAR MEETING OF THE CITY
COUNCIL APPROVED AS REVISED
Council Action: Moved by Council Member Allevato, seconded by Council
Member Hribar, and carried unanimously to approve the minutes of the City
Council for the Regular Meeting of August 19, 2008, revised to on Page 6 to
identify Anthony Rivera as the Chairman of the Juaneno Band of Mission Indians
-- Acjachemen Nation.
3. ACCOUNTS PAYABLE WARRANTS DATED AUGUST 14, 2008 IN THE TOTAL
AMOUNT OF $1,034,638.84; AND PAYROLL WARRANTS DATED AUGUST
22, 2008, IN THE TOTAL AMOUNT OF $299,899.00 RECEIVED AND FILED
(300.30)
4. CASH BALANCES BY FUND — JULY 31, 2008, RECEIVED AND FILED (330.50)
Council Member ascertained that staff will provide more information to Council as
to the reason for the $2.6 million general fund reduction shown on the cash
balances report.
09-02-2008
Council Action: Moved by Council Member Hribar, seconded by Council Member
Hribar, and carried unanimously to receive and file the Cash Balances by Fund —
July 31, 2008.
5. REPORT OF INVESTMENTS — MONTH ENDING JUNE 30, 2008, RECEIVED
AND FILED; AND CITY CLERK DIRECTED TO FORWARD TO CALIFORNIA
DEBT AND INVESTMENT ADVISORY COMMISSION (330.30)
6. REPORT OF INVESTMENTS — MONTH ENDING JULY 31, 2008, RECEIVED
AND FILED (350.30)
7. CASH BALANCES BY FUND — JUNE 30, 2008, RECEIVED AND FILED
(330.50)
PUBLIC HEARINGS
1. CODE AMENDMENT (CA) 08-001: CERTIFICATION OF A CATEGORICAL
EXEMPTION AND INTRODUCTION OF AN ORDINANCE AMENDING
SECTION 9-3.301 OF THE MUNICIPAL CODE — CONTINUED TO
SEPTEMBER 16, 2008 (420.30)
Justin Kirk, Assistant Planner, provided a staff report and noted some corrections
to the proposed ordinance
Mayor Soto opened the public hearing and invited testimony. No public testimony
was provided.
Council Discussion:
• Possibility and potential impacts of removing single-family dwellings from
the code amendment
• Goal to return as closely to pre -2002 land use code to assist property
owners with processing projects that fell within the former code
Council Action: Moved by Council Member Uso, seconded by Council Member
Nielsen, and carried 3-2 to continue the public hearing for Code Amendment
(CA) 08-001 to September 16, 2008.
ROLL CALL
AYES:
COUNCIL MEMBERS
NOES:
COUNCIL MEMBERS
ABSTAIN:
COUNCIL MEMBERS
Allevato, Nielsen, and Mayor Soto
Hribar, Uso
None
2, VILLA MONTANA — GENERAL PLAN AMENDMENT (GPA) 06-001, REZONE
(RZ) 06-01 DENIED (WOODBRIDGE DEVELOPMENT) (440.251460.20)
4 09-02-2008
Bill Ramsey, Principal Planner, reviewed the staff report and responded to
questions.
Written Communication
• Correspondence — A. Woodrow Carter, Superintendent of Capistrano
Unified School District (also presented orally under public testimony)
Mayor Soto opened the public hearing and invited testimony.
Public testimony
Rocky Blumen, city resident, was opposed to an apartment use due to
traffic and safety impacts
+ Phil Schwartze, representing the applicant, discussed a potential proposal
for 80 apartment units, maximum, two-story building with on grade parking
with an affordable housing component.
+ A. Woodrow Carter, Superintendent of Capistrano Unified School District,
expressed concern with the potential rezone and general plan amendment
Mayor Soto closed the public hearing.
City Council discussion included:
• Need to deny the general plan amendment application because there is
no pending project
• Concern with setting precedent
• Need for affordable housing that project can bring
• Potential impact on the adjacent high school
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member
Allevato, and carried 4-1 (No: Council Member Hribar) to deny General Plan
Amendment (GPA) 06-001, Rezone (RZ) 06-01 — Villa Montana project.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Allevato, Nielsen, Uso and Mayor Soto
Hribar
None
3. APPEAL OF PLANNING COMMISSION CONDITIONAL APPROVAL OF
GRADING PLAN MODIFICATION 07-007 AND CONDITIONAL USE PERMIT
08-001 — WITHDRAWN BY APPELLANT (APN 124-671-40)(LES ETH) (31484 LA
PAS ITA)(460.70)
Steven Apple, Community Development Director provided a staff report.
Council Action: No action taken — item withdrawn by appellant.
5 09-02-2008
4. CODE AMENDMENT 08-002, AMENDMENT TO SECTION 9-5.103(C)
UPDATING THE IN -LIEU AFFORDABLE HOUSING FEES — CITY COUNCIL
PRIORITY NO. 6A — CONTINUED TO NOVEMBER 4, 2008 (430.45)
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member
Allevato, and carried unanimously to continue consideration of Code Amendment
08-002 to November 4, 2008.
RECESS AND RECONVENE
Council recessed to convene the San Juan Capistrano Community Redevelopment
Agency meeting and reconvened following the agency's business.
ADMINISTRATIVE ITEMS
G1. PUBLIC WORKS DIRECTOR
a. CAMINO LAGOUAGUE TERMINUS — REMAIN OPEN FOR PEDESTRIAN
ACCESS WITH MITIATION MEASURES COORDINATED WITH SAN JUAN
HILLS HIGH SCHOOL (820.75)
Council Member Uso recused himself from this item because his home is within
500 feet of the subject. He informed the Council that he would be speaking
under public comments as a private citizen.
Nasser Abbaszadeh, Public Works Director summarized the staff report,
provided a PowerPoint presentation, and provided the following options for
Council consideration: 1) Allow current status to remain and keep away vehicular
access; 2) Direct staff to work with the high school to identify mitigation
measures; and 3) install a fence to prohibit public access.
Written Communication
• E-mail: Tina Pelleriti, requesting re -opening of the trail from Lacouague to
the high school
• E-mail: Sal Scarantino, explaining impacts due to closed trail
Public comment supporting opening the trail
• Mike Mathewson, city resident
• Dean Brums, city resident
• Greg Wallace, city resident
• Richard St. Onge
• Mary St. Onge
• Jeff Bhon, San Clemente resident
• Dusty Otero, city resident
• Marcie Frolov, city resident
• Teresa Breithaupt, city resident
6 09-02-2008
• Sal Scarantino, city resident
• Cathy Mueller, city resident
• Marsha Brice, city resident
Public comment requesting fencing of the trail and more public notification
• Ann Fox, city resident
• Eva Crabbs, city resident
• Cheryl Uso, city resident
• Dr. Londres Uso, city resident
Public comment — other
• Tom Ressler, Principal, San Juan Hills High School, provided input from
School District
City Council discussion included:
• Fuel modification needs
• Traffic impacts with closed access road
• Need to students to learn and be trusted
• Develop mitigation measures and monitoring
• Enjoyment of open space
• Need for school education for public conduct in open space, dangers of
smoking, and potential fire hazard
Council fiction: Moved by Mayor Soto, seconded by Council Member Allevato
and carried 4-0-1 (recused: Council Member Uso) to allow the current status of
the maintenance access road at the terminus of Camino Lagouague to remain
and keep vehicular access away; and staff directed to work with the high school
to identify mitigation measures for pedestrian access.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Hribar, Nielsen and Mayor Soto
NOES: COUNCIL MEMBERS: None
ABSTAIN/RECUSAL: COUNCIL MEMBERS: Uso
b. RESOLUTION NO. 08-09-02-01 ADOPTED MODIFYING PARKING PERMIT
PROGRAM ON COUNTRY HILLS ROAD AND WILDWOOD LAND (ZONE X)
(570.70)
Mayor Soto recused himself from this item due to the proximity to his residence
and left the Council Chamber with Mayor pro tem Nielsen presiding.
Alan Oswald, Senior Traffic Engineer, summarized the staff report.
7 09-02-2008
Public Comment:
• Randy Dunlevie, city resident, supported the proposal due to issues with
forged parking permits.
City Council discussion included:
• Solution provides easy way to identify forged permits
Council Action: Moved by Council Member Allevato, seconded by Council
Member Hribar and carried 4-0-1 (Recused: Mayor Soto) to adopt Resolution No.
08-09-02-01 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, MODIFYING THE 'NO STOPPING
EXCEPT BY PERMIT ON SCHOOL DAYS ON COUNTRY HILLS ROAD AN
WILDWOOD LANE."'
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Hribar, Uso, and Mayor pro tem
Nielsen
NOES: COUNCIL MEMBERS: None
ABSTAIN/RECUSAL: COUNCIL MEMBERS: Mayor Soto
ORDINANCES:
1. ORDINANCE NO. 941 ADOPTED PERTAINING TO WATER CONSERVATION
— ESTABLISHES TITLE 12 OF TITLE 6 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE (1050.90)
Meg Monahan, City Clerk, read the title of the Ordinance.
Written Communication:
• E-mail: Sally Bumbulis, city resident, requesting moratorium on
development in lieu of water ordinance.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council
Member Uso, and carried unanimously to adopt Ordinance No. 941 entitled, "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING CHAPTER 12, OF TITLE 6 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE PERTAINING TO WATER CONSERVATION."
COUNCILMANIC ITEMS: None
09-02-2008
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 10:19 p.m. to
Tuesday, September 16, 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 sub
AR ARET R. MONAHAN, CITY CLERK
Septembiq�r-16, 2008
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9 09-02-2008
NOTICE OF A CONTINUED PUBLIC HEARING
OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano,
California, continued the following Public Hearing
Consideration of Code Amendment (CA) 08-001: An Amendment to the City's
Land Use Code to Reestablished the Planned Residential Development District
(PRD) within Section 9-3.301 Residential Districts, with Two Additions to the
Planned Residential Development (PRD) Standards (420.30)
September 16, 2008 at 5:30 p.m., in the City Council Chamber, 32400 Paseo Adelanto,
San Juan Capistrano.
DATED: September 3, 2008
Marg*et I . Monahan, City Clerk
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
SS AFFIDAVIT OF POSTING
I, MARGARET R. MONAHAN, City Clerk of the City of San Juan Capistrano, do hereby
declare that the above Notice was posted at or near the door of the City Council
chamber on September 3, 3008 within 24 hours of adjournment of the above-named
meeting.
I declare under penalty, of perjury that the foregoing is true and correct.
arot R. Monahan, City Clerk
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NOTICE OF A CONTINUED PUBLIC HEARING
OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano,
California, continued the following Public Hearing
Consideration of Code Amendment 08-002, an Amendment to Section
9-5.103(c) Updating the In -Lieu Affordable Housing Fees
(Council Priority No. 6A)(430.45)
November 4, 2008 at 5:30 p.m., in the City Council Chamber, 32400 Paseo Adelanto,
San Juan Capistrano.
DATED: September 3, 2008
Monahan, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF SAN JUAN CAPISTRANO )
SS AFFIDAVIT OF POSTING
I, MARGARET R. MONAHAN, City Clerk of the City of San Juan Capistrano, do hereby
declare that the above Notice was posted at or near the door of the City Council
chamber on September 3, 3008 within 24 hours of adjournment of the above-named
meeting.
I declare under penalty of perjury that the foregoing is true and correct.