12-0117_CC_Minutes_Regular MeetingMINUTES
JANUARY 17, 2012
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Kramer called the Regular Meeting of the City Council to order at
5:04 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, Sam Allevato,
Mayor pro tem John Taylor and Mayor Kramer
COUNCIL MEMBERS ABSENT: None
PUBLIC COMMENT: None
CLOSED SESSION (610.85)
A Closed Session was held for the following purposes, as authorized by statute:
a. Pursuant to Government Code Section 54956.9(c), the City Council conferred
with legal counsel pertaining to one potential item for initiation of litigation.
b. Pursuant to Government Code Section 54956.9(a), the City Council conferred
with legal counsel pertaining to existing litigation in the matter of Grenier vs. City
of San Juan Capistrano, et al.
C. Pursuant to Government Code section 54957.6, the City Council conferred with
its labor negotiator (City Manager) as to the compensation
and fringe benefits of its unrepresented employees, including
the Executives, and part-time employees.
BUSINESS SESSION:
Mayor Kramer called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:14 p.m. in the City Council Chamber.
Mayor pro tem Taylor led the Pledge of Allegiance and gave the
invocation. Katie Singer, Capistrano Valley Christian School, performed the song
"My Country, Tis of Thee."
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, Sam Allevato,
Mayor pro tem Taylor and Mayor Kramer
COUNCIL MEMBERS ABSENT: None
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were not necessarily heard in that order.
1
MEETING DEDICATION: Mayor Kramer dedicated the meeting in memory of
Yvette Deegan, long-time San Juan Capistrano resident.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Council Member Freese
announced that she recused herself from Closed Session Item 3-A due to a prior
recusal 7
CITY CLERK ANNOUNCEMENT: Per Assembly Bill 23, Maria Morris, City Clerk,
announced that each Redevelopment Agency Director is receiving a $30.00 stipend for
conducting the Redevelopment Agency meeting.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Foothill/Eastern Transportation Corridor Agency Mobility Ad-hoc Committee
meeting.
• Real Property Sub -Committee meeting.
• Explorer/Learning for Life Program meeting.
• San Joaquin Hills & Foothill/Eastern Transportation Corridor Agency Board Meeting.
• South Orange County Wastewater Agency meeting.
• Resident and Business Owners meeting.
• Association of California Cities Orange County meeting.
• Redevelopment Agency meetings.
• Water Advisory Committee of Orange County meeting.
INTRODUCTIONS AND PRESENTATIONS:
1. FRANCIE KENNEDY, WATER CONSERVATION COORDINATOR
RECOGNIZED FOR RECEIVING THE 2011 LLANA SHERMAN EXCELLENCE
AWARD FOR LOCAUCOMMUNITY INNOVATIONS FROM THE CALIFORNIA
URBAN WATER CONSERVATION COUNCIL (610.40)
Mayor Kramer recognized Francie Kennedy, Water Conservation Coordinator, for
receiving the 2011 Llana Sherman Excellence Award for Local/Community
Innovations from the California Urban Water Conservation Council.
2. MAYOR PRO TEM TAYLOR INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE: Roy Nunn and Robert Williams, Planning Commission; Tim
Markel, Transportation Commission; Janet Siegel, Cultural Heritage Commission;
Kathy Hooper, Steve Behmerwohld and Ron Denman, Parks, Recreation and
Senior Services Commission; Katie Jenner, Harley Olvera and Anam Sadruddoin,
Youth Advisory Board; Gerald Muir, Youth Advisory Board and Parks, Recreation
and Senior Services Commission; and, Bob Cardoza, Design Review Committee.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
Anam Sadruddoin, Youth Advisory Board member, provided information and
announced the upcoming youth friendly "Glow Dance."
n
2 1/17/2012
L
CONSENT CALENDAR:
Council Action: Moved by Council Member Freese, seconded by Council Member
Allevato, and carried unanimously to approve consent calendar items 1, 2, 6, 7, 8, 9, 11,
12, and 13 as recommended by staff with Mayor pro tem Taylor abstained from
consent calendar item 12.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF JANUARY 3, 2012,
APPROVED.
3. CHECK REGISTER DATED DECEMBER 16 TO DECEMBER 29, 2011, IN THE
TOTAL AMOUNT OF $1,595,612.80; PAYROLL CHECK DATED DECEMBER
17,2011, IN THE TOTAL AMOUNT OF $3,772.29; AND PAYROLL CHECK
DATED DECEMBER 23, 2011, IN THE TOTAL AMOUNT OF $1,627.51; AND
PAYROLL CHECKS (DIRECT DEPOSIT) DATED DECEMBER 23, 2011, IN
THE TOTAL AMOUNT OF $185,193.38, RECEIVED AND FILED (300.30)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Comments:
• Requested that all issues related to the Quiet Zones with Orange County
Transportation Authority (OCTA) be resolved before issuing additional
payments.
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried unanimously to receive and file.
4. ISSUANCE OF AN ENCROACHMENT PERMIT ALLOWING CLOSURE AND
USE OF CERTAIN CITY BIKE TRAILS AND/OR STREETS AS PART
OF THE ORANGEMAN TRIATHLON BICYCLE COURSE ON SUNDAY,
SEPTEMBER 23, 2012, APPROVED (150.60)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Comments:
Felt that staff should renegotiate the proceeds due to the City from the
events on a yearly basis.
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Taylor, and carried unanimously to approve issuance of an
encroachment permit allowing closure and use of certain bike trails and/or streets
as part of the Orangeman Triathlon Bicycle Course on Sunday, September 23,
2012; and staff to renegotiate the proceeds due to the City on a yearly basis.
5. CONSIDERATION OF APPROVING MASTER FUNDING AGREEMENT
NO. C-1-2782 (ORANGE COUNTY TRANSPORTATION AUTHORITY AND
CITY OF MISSION VIEJO) (600.50) — ITEM PULLED BY STAFF
3 1/17/2012
6. PERSONAL SERVICES AGREEMENT WITH KUNO'S GRADING, INC. TO
REMOVE DEBRIS FROM CITY PROPERTY ON THE NORTHEAST CORNER
OF SAN JUAN CREEK ROAD AND VALLE ROAD IN THE AMOUNT OF $7,900,
APPROVED (600.30)
7. PERSONAL SERVICES AGREEMENT WITH DUDEK FOR. HABITAT
RESTORATION MONITORING SERVICES FOR THE 760S RESERVOIR SITE
FOR CALENDAR YEARS 2012 AND 2013 (CIP 07811), APPROVED (600.30)
8. PERSONAL SERVICES AGREEMENT WITH ED STEWART AND
ASSOCIATES FOR THE CALENDAR YEARS 2012 AND 2013 HABITAT
RESTORATION MAINTENANCE SERVICES AT THE 760S RESERVOIR
PROJECT, ACU CANYON SITE, TERMINAL RESERVOIR NO. 3 PROJECT,
AND PLACIDA SITE, APPROVED; CITY MANAGER AUTHORIZED TO
APPROVE CHANGES IN A TOTAL AMOUNT NOT TO EXCEED 10% OF THE
CONTRACT VALUE; AND $20,000 TRANSFER FROM CIP NO. 07811, THE
760S RESERVOIR, TO CIP NO. 07803 THE TERMINAL RESERVOIR NO. 3,
APPROVED (600.30)
9. PERSONAL SERVICES AGREEMENT WITH THE ORANGE COUNTY
CONSERVATION CORPS (OCCC) FOR THE PROVISION OF SERVICES
RELATED TO THE 2C RANCH/TRABUCO CREEK HABITAT RESTORATION
PLAN, APPROVED (600.50)
10. LOAN SERVICING PLAN FOR ALL HOME GRANT FUNDED LOANS: FIRST
TIME HOMEBUYER (FTHB) AND OWNER OCCUPIED REHABILITATION
(OOR), APPROVED (430.40)
Laura Stokes, Housing Coordinator, responded to questions.
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried unanimously to approve the Loan
Servicing Plan for all home grant funded loans: First Time Homebuyer (FTHB)
and Owner Occupied Rehabilitation (OOR).
11. DONATIONS FROM THE CITY'S 50TH BIRTHDAY CELEBRATION
COMMITTEE AND THE MISSION VILLAGE OF $1,500 EACH ($3,000 TOTAL)
FOR THE 2012 4TH OF JULY CELEBRATION, ACCEPTED; AND REVENUE OF
$3,000 DEFERRED TO ACCOUNT 01-72500-62508-00000-648 TO FISCAL
YEAR 2012-13 AND ALLOCATED TO THE FINAL PAYMENT FOR THE 2012
4TH OF JULY CELEBRATION FIREWORKS DISPLAY (150.10)
12. EXTENSION OF SPECIAL ACTIVITIES PERMIT (SAP) 11-045, SECOND
SATURDAY ART FAIR, A MONTHLY DOWNTOWN ART SHOW WITH THE
SAN JUAN CAPISTRANO CHAMBER OF COMMERCE, APPROVED;
APPLICANT DIRECTED TO SUBMIT AN APPLICATION AND REQUIRED FEE
OF $874.91 FOR AN ADDITIONAL 12 MONTH; AND DEVELOPMENT
SERVICES DIRECTOR AUTHORIZED TO APPROVE FUTURE TIME
EXTENSIONS AND MINOR MODIFICATIONS (460.70)
Mayor pro tem Taylor abstained due to the proximity of the Downtown Art Show
to his residence.
4 1/17/2012
13. FINAL UPPER CHIQUITA EMERGENCY STORAGE RESERVOIR
PARTICIPATION AND OPERATIONS AGREEMENT WITH THE CITY OF
SAN CLEMENTE, MOULTON NIGUEL WATER DISTRICT, SANTA
MARGARITA WATER DISTRICT, SOUTH COAST WATER DISTRICT,
APPROVED (600.50)
PUBLIC HEARINGS:
1. RESOLUTION 12-01-17-01 ADOPTED UPHOLDING THE APPEAL AND
APPROVING THE OUTDOOR RECREATIONAL LIGHTING NIGHTLY UNTIL
10:00 P.M., THEREBY OVERTURNING THE PLANNING COMMISSION'S
DENIAL (460.70)
Public Correspondence:
• The following individuals submitted correspondence: Randall; Bob Hooper;
Jack & Carol Chestek; Chris Bober; Robert and Sandra Savanich; Adam
Wagner; Chanel D'Epagnier; Hank Greenberg; Alexis Richardson; Moses
Paskowitz; Dane Walker; Robert Santaella; Josh Holt; Shane Michael Battis;
Luke Bickel; Matt Hallden; Bob Dier; Eric Grothjan; Jaimz Metealf;
Drew Lichty; Mike Minier, Capistrano Valley High School; Ryan Curammeng,
Capistrano Valley Christian High School; Rocky Hafdahl; Tom Merrel,
Civics Solutions; Yvonne Tschaikowsky; and David Robinson.
Nick Taylor, Associate Planner, provided a staff report and responded to
questions.
Mayor Kramer opened the public hearing and invited testimony.
Applicant:
• Robert Brutocao, San Juan Hills Golf Club, provided a presentation, and
responded to questions.
Public Testimony:
• The following individuals spoke in favor of the project: Jim Tinker,
City Resident; Mark Bodenhamer, Chamber of Commerce; Armando Sotell,
City resident; Bill Jonas, City resident; John Perry, City resident;
Roy Nunn, City resident; David Foster, City resident; Stephanie Frisch,
Chamber of Commerce; and Larry Thomas, City resident.
Public Testimony:
• The following individuals spoke in opposition of the project: Mark Nielsen,
City resident; Steve Behmerwohld, City resident; Joel Peshkin, City resident;
Trevor Dale, City resident; Yvonne Tschaikowsky, City resident; and
Jim Verbeerst, City resident.
Mayor Kramer closed the public hearing.
Council Comments:
• Unanimously supported the Conditional Use Permit for the outdoor
recreational lighting with the lights not operating past 10:00 p.m., nightly.
5 1/17/2012
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Taylor, and carried unanimously to adopt RESOLUTION
12-01-17-01 entitled "UPHOLDING THE APPEAL BY SAN JUAN HILLS GOLF CLUB,
THEREBY OVERTURNING THE PLANNING COMMISSION'S DENIAL OF A
CONDITIONAL USE PERMIT FOR OUTDOOR RECREATIONAL LIGHTING FOR AN
EXISTING DRIVING RANGE LOCATED AT 32111 SAN JUAN CREEK ROAD (APN
660-011-27) (SAN JUAN HILLS GOLF CLUB);" and driving range lighting shall not
operate past 10:00 p.m., nightly.
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1 PUBLIC WORKS
a. CONSIDERATION OF TRAFFIC SAFETY ISSUES ON CAMINO LA RONDA
(590.60)
Mayor Kramer recused himself due to a prior recusal, but stated for the record
that a recusal was not necessary because his residence is not with 500 feet of
Camino La Ronda; turned the meeting over to Mayor pro tem Taylor, and
stepped down from the dais.
Public Correspondence received from Diane Dokos, City resident; and Nancy C.
Ferruzo, City resident. 71
Alan Oswald, Senior Traffic Engineer, provided a PowerPoint presentation and
responded to questions.
Public Comments:
• Diane Dokos, City resident, felt that painting a wide center island was not
going to slow down drivers; asked not to add bike lanes, as it will be
dangerous; suggested to continue police enforcement; and suggested a
campaign to educate drivers.
• David Koff, City resident, supported lowering the speed limit to 25 mph in
order to support long speed bumps; felt that painting a wide center island
might not work; and suggested continuance police enforcement.
Alan Oswald, Senior Traffic Engineer, explained the necessary criteria
needed to reduce the speed limit to 25 mph.
Council Comments:
• Felt that painting a four -foot wide center island in the middle of the street is a
start; would like to see speed -display signs in the upcoming budget; and
bring back to re-evaluate in six (6) months.
• Felt that painting a four -foot wide center island in the middle of the street
would reduce the speed limit; and expressed preference in waiting to do a
speed survey or flashing lights until an engineering solution such as painting
a four -foot wide center island is implemented.
6 1/17/2012
Council Action: Moved by Council Member Allevato, seconded by
Council Member Freese, and carried 4-0 with Mayor Kramer recused to approve
painting a four -foot wide center island in the middle of the street and edge lines
eight feet out from the curb on both sides of the roadway; and bring back to the
City Council for a 6 month evaluation.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor pro tem Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Mayor Kramer
G2 CITY ATTORNEY
RESOLUTION 12-01-17-02 ADOPTED DECLARING THAT THERE IS A NEED
FOR A HOUSING AUTHORITY TO FUNCTION IN THE CITY, DECLARING
THAT THE MEMBERS OF THE CITY COUNCIL SHALL BE THE
COMMISSIONERS OF THE HOUSING AUTHORITY AND DESIGNATING THE
FIRST INTERIM CHAIRPERSON OF THE HOUSING AUTHORITY; AND
RESOLUTION 12-01-17-03 ADOPTED DECLINING FOR THE CITY TO
ASSUME THE HOUSING ASSETS AND FUNCTIONS OF THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY AND
RECOMMENDING THE SAN JUAN CAPISTRANO HOUSING AUTHORITY
ASSUME THE HOUSING ASSETS AND FUNCTIONS PREVIOUSLY
PERFORMED BY THE AGENCY PURSUANT TO HEALTH & SAFETY CODE
SECTION 34176 (430.10)
Omar Sandoval, City Attorney, provided a staff report and responded to
questions.
Council Comments:
• Announcement that Council Member Reeve will be the Interim Chairman of
the newly formed Housing Authority.
1St Council Action: Moved by Council Member Allevato, seconded by
Council Member Freese, and carried unanimously to adopt RESOLUTION
12-01-17-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO DECLARING THAT THERE IS A NEED FOR A
HOUSING AUTHORITY TO FUNCTION IN THE CITY, DECLARING THAT THE
MEMBERS OF THE CITY COUNCIL SHALL BE THE COMMISSIONERS OF
THE HOUSING AUTHORITY AND DESIGNATING THE FIRST INTERIM
CHAIRPERSON OF THE HOUSING AUTHORITY."
2nd Council Action: Moved by Council Member Allevato, seconded by
Council Member Freese, and carried unanimously to adopt RESOLUTION
12-01-17-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO DECLINING FOR THE CITY TO ASSUME THE
HOUSING ASSETS AND FUNCTIONS OF THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY AND DESIGNATING THE SAN
JUAN CAPISTRANO HOUSING AUTHORITY TO ASSUME THE HOUSING
ASSETS AND FUNCTIONS PREVIOUSLY PERFORMED BY THE AGENCY
PURSUANT TO HEALTH & SAFETY CODE SECTION 34176."
7 1/17/2012
ORDINANCES:
H1. ORDINANCE NO. 991 ADOPTED DESIGNATING VERY HIGH FIRE HAZARD
SEVERITY ZONES WITHIN THE CITY OF SAN JUAN CAPISTRANO (1000.40)
Maria Morris, City Clerk read the title of the ordinance.
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried unanimously to approve adoption of
Ordinance No. 991 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING VERY HIGH
FIRE HAZARD SEVERITY ZONES WITHIN THE CITY OF SAN JUAN
CAPISTRANO."
COUNCILMANIC ITEMS:
1. DISCUSSION REGARDING GUIDELINES FOR INVOCATIONS (610.15)
Public Comments:
• Steve Behmerwohld, City resident, suggested as a solution to discontinue
the invocations at City Council meetings.
Council Comments:
• Suggested having guidelines for invocations which disallows political or
advocacy of a specific religion, but would allow religion reference from the
person giving the invocation.
• Majority expressed preference in continuing the invocations non-sectarian
and given only by the City Council.
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried 4-1 with Council Member Reeve opposed
to keep invocations non-sectarian and only among City Council Members.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Allevato and Mayor Kramer
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
ADJOURNMENT:
There being no further business Mayor Kramer adjourned the meeting
at 9:45 p.m. to Tuesday, February 7, 2012, at 5:00 p.m. for Closed Session and
6:00 p.m. for the public Business Session, in the Council Chamber.
8 1/17/2012
7
Approved: February 7, 2012
1 /17/2012