12-0501_CC_Minutes_Regular MeetingMINUTES
May 1, 2012
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Kramer called the Regular Meeting of the City Council to order at
5:01 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Laura Freese, Derek Reeve,
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 54956.8, the Successor Agency of the
San Juan Capistrano Redevelopment Agency met with its Real Property
Negotiator (City Manager) concerning the price and terms of payment for the
purchase, sale, exchange or lease of certain real property known as APN 121-
240-39; 121-240-73; 121-240-76; 121-253-13; and 121-253-15 or Lower Rosan
Ranch, located on the north side of Stonehill Drive between Camino Capistrano
and San Juan Creek in the City of San Juan Capistrano, California. The potential
negotiating parties may include, but are not limited to Beitler; Caruso Affiliated;
Centra Development; City Ventures; Clark Austin Distribution; Foremost
Communities; Ganahl Lumber; Hon Development; Jordan Architects; Lee &
Associates; Lincoln Property Company; Luce Forward; Muller Realty Commercial
Property; NAI Capital/Commercial; Navarro Retail Group; Mike Newman;
Northwest Atlantic Realty; Project Dimensions; Retail Insite; Reyl-enn Properties,
LLC; Shea Properties; Strategic Development Advisors; Supply Line Building
Materials; The Home Depot; Tierra Development Advisors; Trumark Companies;
West Coast Development, Inc.; Western National Realty Advisors; and Winco
Market.
b. Pursuant to Government Code Section 54956.9(a), the City Council conferred
with legal counsel pertaining to existing litigation in the matter of
SJ Lot 217 vs. City of San Juan Capistrano.
BUSINESS SESSION:
Mayor Kramer called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:20 p.m. in the City Council Chamber.
City Council Member Freese led the Pledge of Allegiance and City Council Member
Allevato gave the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, Sam Allevato,
Mayor pro tem Taylor and Mayor Kramer
COUNCIL MEMBERS ABSENT: None j
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 CLERK ANNOUNCEMENT: Per Assembly Bill 23, Maria Morris, City Clerk,
announced that each Housing Authority Board Member is receiving a $50.00 stipend for
conducting the Housing Authority meeting.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Worked on an Economic Development Video with the Chamber of Commerce.
• Luncheon with the Associate Senior Action Program Volunteers.
• "Day of the Child" Event.
• Los Rios Garden Tour.
• San Joaquin Hills Transportation Corridor Agency Budget Workshop.
• Equestrian Coalition Meeting.
• Foothill/Eastern Transportation Corridor Agency Budget Workshop.
• Orange County Sheriffs Department Medal of Valor Awards Luncheon.
• Neighborhood Housing Services of Orange County Meeting.
• 1St Battalion/11th Marines Volunteer Appreciation Luncheon.
• Eastern Open Space Park meeting.
• Meeting with interested party on Lot 217.
• League of California Cities Orange County Event in Dana Point.
• 73`d Running of the San Juan Capistrano Invitational Handicap.
• Walk/Run Event for Donate Life.
• Earth Day at the Community Center Gymnasium.
• Meetings with San Diego Gas & Electric on the Reliability Program.
• League of California Cities Meeting in Sacramento.
• Ribbon Cutting Event for American Horse Products Expansion.
• Ribbon Cutting Event for San Juan Hills High School Pool.
• Judged the Debate Team at St. Margaret's Episcopal School.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM TAYLOR INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Gerald Muir, Youth Advisory Board and Parks, Recreation
and Senior Services Commission; Steve Behmerwohld and Ron Denman, Parks,
Recreation and Senior Services Commission; William Bonney, Gila Jones, Nancy
Campman, Dave Solt, and Sentelle Eubanks, Housing Advisory Committee.
2. WILDFIRE AWARENESS WEEK, PROCLAIMED (610.40)
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3. 4T" OF JULY FIREWORKS DISPLAY AND CELEBRATION SPONSORS,
RECOGNIZED (610.40)
4. PRESENTATION REGARDING THE SECOND WEST COAST FILM FESTIVAL
(610.40)
5. UPDATE REGARDING THE LA PATA GAP CLOSURE PROJECT BY THE
COUNTY OF ORANGE (800.60)
ORAL COMMUNICATIONS:
• Angela Duzich, City resident; Cori Armstrong, City resident; Joel Rosentswieg, City
resident; Ron Matthews, City resident; Danielle Chapman, City resident; Cherise
Matthews, City resident; Eric "Wolf' Hanke, City resident; Michael Epstein, City
resident; Robert Lynch, City resident; Elizabeth Carter, City resident; Frederic
Anauld, City resident; Ashley Casas, City resident; Ken Robertson, City resident;
Belinda Eschenwald, City resident; Joseph Busch, City resident; Clint Worthington,
City resident; Dusty Otero, City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Allevato, seconded by Council Member
Freese, and carried unanimously to approve consent calendar items 1 through 7, and 9
as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
APRIL 13, 2012, APPROVED.
3. CITY COUNCIL MINUTES — REGULAR MEETING OF APRIL 17, 2012,
APPROVED.
4. CHECK REGISTER FOR AN ELECTRONIC TRANSACTION DATED APRIL 5,
2012, IN THE TOTAL AMOUNT OF $50.00; CHECK REGISTER DATED
APRIL 6, 2012, TO APRIL 19, 2012, IN THE TOTAL AMOUNT OF
$3,370,909.53; AND PAYROLL DIRECT DEPOSITS DATED APRIL 13, 2012, IN
THE TOTAL AMOUNT OF $186,742.96, RECEIVED AND FILED (300.30)
5. CASH AND INVESTMENTS REPORTS FOR MONTHS ENDED MARCH 31,
2012, RECEIVED AND FILED (350.30)
6. RESOLUTION 12-05-01-01 ADOPTED ENTITLED "DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE IRRIGATION
SYSTEM AND WATER SOURCE CONNECTION PROJECT (ALLIED
SPRINKLER COMPANY, INC., CIP NO. 11202);" CITY CLERK DIRECTED TO
PROCESS THE RECORDING OF A PROJECT NOTICE OF COMPLETION;
AND STAFF AUTHORIZED TO RELEASE THE 10% RETENTION, IN THE
AMOUNT OF $12,320, 35 DAYS AFTER RECORDATION (600.30)
3 5/1/2012
7. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — FROM
MARCH 16, 2012, THROUGH APRIL 15, 2012, RECEIVED AND FILED (440.10)
8. PLANS AND SPECIFICATIONS FOR SIDEWALK IMPROVEMENTS ON THE
NORTH SIDE OF VIA POSITIVA FOR THE INSTALLATION OF A LIGHTED
CROSSWALK ON CAMINO DEL AVION AT THE AVENIDA DESCANSO
CROSSWALK, AND A SOLAR -POWERED RADAR SPEED DISPLAY SIGNS,
APPROVED; AND STAFF AUTHORIZED TO ADVERTISE AND RECEIVE
CONSTRUCTION BIDS (600.30)
Council Action: Moved by Mayor pro tem Taylor, seconded by Council Member
Freese, and carried unanimously to approve the Plans and Specifications for
Sidewalk Improvements on the north side of Via Positiva for the installation of a
lighted crosswalk on Camino del Avion at the Avenida Descanso crosswalk, and
a solar -powered radar speed display signs; and staff authorithed to adverise and
receive constriction bids.
9. LICENSE AND INDEMNITY AGREEMENT WITH THE SAN JUAN
CAPISTRANO CHAMBER OF COMMERCE FOR THE USE OF YORBA
STREET TO CONDUCT A FARMERS MARKET FOR THE PERIOD OF MAY 6,
2012, THROUGH MAY 5, 2014, APPROVED (600.30)
PUBLIC HEARINGS:
RESOLUTION 12-05-01-02 ADOPTED AMENDING THE SCHEDULE OF FEES
AND CHARGES (CITY COUNCIL URGENT STRATEGIC PRIORITY NO. 6)
(390.10)
Cindy Russell, Chief Financial Office r/Treasurer, provided a staff report and
responded to questions.
Mayor Kramer opened the public hearing and invited testimony. No public
testimony was provided. Mayor Kramer closed the public hearing.
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Taylor, and carried 4-1 with Council Member Reeve opposed to
adopt RESOLUTION 12-05-01-02 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION 11-04-19-06 AND APPROVING THE SCHEDULE
OF FEES AND CHARGES."
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Housing Authority
Minutes) �7
4 5/1/2012
ADMINISTRATIVE ITEMS:
G1 FINANCIAL SERVICES
a. REVIEW OF FISCAL YEAR 2010-11 SINGLE AUDIT REPORT (310.30)
Cindy Russell, Chief Financial Officer/Treasurer, provided a staff report and
responded to questions. Terry Shea, Anderson, Malody & Scott, L.L.P. provided
a PowerPoint presentation.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro
tem Taylor, and carried unanimously to receive and file the Fiscal Year 2010-11
Single Audit Report.
G2 DEVELOPMENT SERVICES
a. CONSIDERATION OF THE HOUSING ADVISORY COMMITTEE'S
RECOMMENDATIONS FOR THE CITY'S DEVELOPER IMPACT FEES,
INCLUDING THE AFFORDABLE HOUSING IN -LIEU FEE (430.45)
Laura Stokes, Housing Coordinator, provided a staff report and responded to
questions.
• Public Comments: Bryan Starr, Building Industry Association (BIA);
Tony Brown, City resident; Alvin, Ehrig, City resident; William Bonney,
Gila Jones, Nancy Campman, Dave Solt, and Sentelle Eubanks, Housing
Advisory Committee.
Council Action: Moved by Council Member Freese, seconded Mayor Kramer,
and carried 3-2 with Council Member Reeve and Mayor pro tem Taylor opposed
to reduce the current Housing In -Lieu Fee by 10%; and bring back to the
City Council alternatives used by Orange County cities to meet their affordable
housing requirements, including any potential consequences of rezoning
for affordable housing rather than requiring inclusionary housing or Housing
In -Lieu Fees.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Allevato and Mayor Kramer
NOES: COUNCIL MEMBER: Reeve and Mayor pro tem Taylor
ABSENT: COUNCIL MEMBER: None
SUCCESSOR AGENCY OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY BUSINESS:
1. CHECK REGISTER DATED MARCH 23, 2012 THROUGH APRIL 19, 2012, IN
THE TOTAL AMOUNT OF $54,771.66, RECEIVED AND FILED (300.30)
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried unanimously to receive and file the check
register dated March 23, 2012, through April 19, 2012, in the total amount of
$54,771.66.
5 5/1/2012
2. CASH AND INVESTMENTS REPORTS FOR MONTH ENDED FEBRUARY 29,
2012, RECEIVED AND FILED (350.30)
Council Action: Moved by Council Member Allevato, seconded by
Mayor pro tem Taylor, and carried unanimously to receive and file the
Cash and Investments Report for month ended February 29, 2012.
3. SACRA RESOLUTION 12-05-01-01 ADOPTED APPROVING THE
SUCCESSOR AGENCY ADMINISTRATIVE BUDGET FROM FEBRUARY 1,
2012, TO JUNE 30, 2012, AUTHORIZING ENTERING INTO AN AGREEMENT
FOR REIMBURSEMENT COSTS AND CITY/SUCCESSOR AGENCY
OPERATIONS LOAN WITH THE CITY OF SAN JUAN CAPISTRANO, AND
AUTHORIZING THE SUCCESSOR AGENCY, UPON OVERSIGHT BOARD
APPROVAL, TO TRANSMIT THE ADMINISTRATIVE BUDGET AND COST
REIMBURSEMENT AGREEMENT, WHEN APPROVED AND ENTER INTO, TO
THE COUNTY OF ORANGE AUDITOR -CONTROLLER, STATE DEPARTMENT
OF FINANCE (DOF) AND STATE CONTROLLER'S OFFICE; AND
AUTHORIZING THE SUCCESSOR AGENCY TO POST THE ADMINISTRATIVE
BUDGET AND COST REIMBURSEMENT ON ITS WEBSITE (400.80)
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried unanimously to adopt
SACRA Resolution No. 12-05-01-01 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, ACTING SOLELY IN
ITS CAPACITY AS SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO
REDEVELOPMENT AGENCY, APPROVING THE SUCCESSOR AGENCY
ADMINISTRATIVE BUDGET FROM FEBRUARY 1, 2012, TO JUNE 30, 2012,
PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(J) AND
REQUEST TO OVERSIGHT BOARD AUTHORIZING THE SUCCESSOR
AGENCY TO ENTER INTO AN AGREEMENT WITH THE CITY OF SAN JUAN
CAPISTRANO FOR ADMINISTRATIVE SUPPORT PURSUANT TO HEALTH
AND SAFETY CODE SECTION 34171.
4. SACRA RESOLUTION 12-05-01-02 APPROVED ADOPTING THE REVISED
DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE
PERIOD FROM JANUARY 1, 2012, TO DECEMBER 31, 2012 (330.20/600.30)
Mayor pro tem Taylor recused himself due to proximity to his residence and left
the Council Chamber.
Michelle Bannigan, Accounting Manager, provided a staff report and responded
to questions.
6 5/1/2012
7
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried 4-0 with Mayor pro tem Taylor recused to
adopt SACRA Resolution No. 12-05-01-02 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, ACTING SOLELY
IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE SAN JUAN
CAPISTRANO REDEVELOPMENT AGENCY, ADOPTING THE REVISED
DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE
PERIOD FROM JANUARY 1, 2012, TO JUNE 30, 2012, AND FROM JULY 1,
2012, TO DECEMBER 31, 2012.
ROLL CALL:
AYES:
COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor Kramer
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Mayor pro tem Taylor
ORDINANCES:
1. ADOPTION OF ORDINANCE NO. 994 — APPROVING AN AMENDMENT TO
TITLE 9 OF THE LAND USE CODE ESTABLISHING SUPPORTIVE HOUSING
FACILITIES STANDARDS FOR COMPLIANCE WITH SENATE BILL 2 (420.30)
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance.
• Public Comments: Ed Connor, City resident, and Clint Worthington,
City resident.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Freese, and carried 4-1 with Council Member Reeve opposed to
approve the second reading and adoption of Ordinance 994 entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFY THE NOTICE OF EXEMPTION AND
APPROVE CODE AMENDMENT (CA) 11-001 TO AMEND TITLE 9 OF THE
LAND USE CODE SECTION 9-3.550 ESTABLISHING SUPPORTIVE HOUSING
FACILITIES STANDARDS FOR COMPLIANCE WITH SENATE BILL 2."
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
COUNCILMANIC ITEMS:
1. ELLIOTT LEVENSON APPOINTED TO THE OPEN SPACE, TRAILS AND
EQUESTRIAN COMMISSION (110.20)
Maria Morris, City Clerk, provided a staff report.
7 5/1/2012
Council Action: Moved by Council Member Allevato, seconded by
Council Member Freese, and carried unanimously to appoint Elliott Levenson to
the Open Space, Trails and Equestrian Commission.
2. RESOLUTION 12-05-01-03 ADOPTED AMENDING THE TERM OF OFFICE
FOR ADULT ADVISOR MEMBERS IN THE YOUTH ADVISORY BOARD
(110.20)
Maria Morris, City Clerk, provided a staff report and responded to questions.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Freese, and carried unanimously to adopt RESOLUTION NO.
12-05-01-03 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION 01-12-
16-03 BY MODIFYING THE TERM OF OFFICE FOR THE ADULT ADVISOR
MEMBERS IN THE YOUTH ADVISORY BOARD."
ADJOURNMENT:
There being no further business Mayor Kramer adjourned the meeting
at 10:34 p.m. to Tuesday, May 15, 2012, at 5:00 p.m. for Closed Session and
6:00 p.m for a public Business Session, in the City Council Chamber.
Respectfff�'lly submitted,
MARIA WARIS, TY ERK
Approved: May 15, 2012
ATTEST;
RRY K R, MAYOR
5/1/2012