12-0717_CC_Minutes_Regular MeetingMINUTES
July 17, 2012
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Kramer called the Regular Meeting of the City Council to order at
5:10 p.m. in the City Council Chamber.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Sam Allevato, Derek Reeve, Mayor pro tem
John Taylor and Mayor Larry Kramer
COUNCIL MEMBERS ABSENT: Council Member Freese
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(a), the City Council conferred
with legal counsel pertaining to existing litigation in the matter of
SJ Lot 217, LLC 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 6:14 p.m. in the City Council Chamber.
Council Member Allevato led the Pledge of Allegiance and Mayor pro tem Taylor gave
the Invocation. Mariachi For All of the Capistrano Community Mariachi Program
performed "When the Swallows Come Back to Capistrano."
ROLL CALL:
COUNCIL MEMBERS PRESENT: Derek Reeve, Sam Allevato, Mayor pro tem
John Taylor and Mayor Larry Kramer
COUNCIL MEMBERS ABSENT: Council Member Freese
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: Mayor Kramer announced that
the City has reached an Settlement Agreement with SJ Lot 217, LLC. The agreement is
available for review at the City Clerk's office.
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CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Fourth of July Fireworks Celebration.
• Interviews for vacancy on the Citizens' Bond Oversight Ad -Hoc Committee.
• San Juan Summer Nites.
• JSerra High School Graduation.
• Kinoshita 5th Grade Advancement.
• San Diego Gas & Electric Update on Summer Power Supplies.
• Orange County Transportation Authority 5th District Meeting.
• Ribbon Cutting ceremonies.
• Wall of Recognition Ceremony.
• Relay for Life at the Sports Park.
• Commission Sub -Committee Meetings.
• "Music Under the Stars" at the Mission.
• Memorial Service for Major General Jed Pearson.
• Chamber of Commerce Installation Dinner.
• Second Saturday Arts Festival.
• Film Festival meeting.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM TAYLOR INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Steve Behmerwohld, Ron Denman and Kathy Hooper, Parks,
Recreation and Senior Services Commission; Matt Gaffney, Transportation
Commission; Rob William, Planning Commission and Design Review Committee;
Ilse Byrnes and Elliott Levenson, Open Space, Trails and Equestrian
Commission; and Jerry Muir, Youth Advisory Board and Parks, Recreation and
Senior Services Commission.
2. JULY 2012 PROCLAIMED AS PARKS AND RECREATION MONTH IN THE
CITY OF SAN JUAN CAPISTRANO (610.40)
3. ANNUAL REPORT PRESENTATION BY THE CAPISTRANO CHAMBER
OF COMMERCE (610.401600.30)
ORAL COMMUNICATIONS:
Kim McCarthy, City resident; Ian Smith, City resident; Clint Worthington, City
resident; Pamela Shuler, City resident; and Eric Groos, City resident (provided
handout).
CONSENT CALENDAR:
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Taylor, and carried 4-0 with Council Member Freese absent to approve consent
calendar items 1 through 10 as recommended by staff with Council Member Reeve
abstaining from consent calendar 3 and opposed to consent calendar 17.
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1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. SAN JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY MINUTES —
SPECIAL MEETING OF MAY 30, 2012, APPROVED.
3. CITY COUNCIL MINUTES — SPECIAL MEETING OF JUNE 28, 2012,
APPROVED.
AYES: COUNCIL MEMBER: Allevato, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Freese
ABSTAINED: COUNCIL MEMBER: Reeve
4.
CITY COUNCIL MINUTES — SPECIAL MEETING OF JUNE
19, 2012,
(CLOSED SESSION), APPROVED.
5.
CITY COUNCIL MINUTES — REGULAR MEETING OF JUNE
19, 2012,
APPROVED.
6.
SEWER MAINTENANCE DISTRICT NO. 1 MINUTES — REGULAR
MEETING
OF JUNE 19, 2012, APPROVED.
7.
SAN JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY MINUTES
—
REGULAR MEETING OF JUNE 19, 2012, APPROVED.
8.
CITY COUNCIL MINUTES — SPECIAL MEETING OF JUNE
12, 2012,
(CLOSED SESSION), APPROVED.
9. RESOLUTION NO. 12-07-17-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPOINTING THE CITY ATTORNEY AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LAW FIRM RUTAN & TUCKER";
AGREEMENT TO COMMENCE ON AUGUST 28, 2012, AND REMAIN IN
EFFECT UNTIL TERMINATED BY THE CITY OR RUTAN & TUCKER, LLP,
FOR A MONTHLY RETAINER OF $10,000, A RATE OF $229.00 PER HOUR
FOR NON -RETAINER CITY ATTORNEY SERVICES AND PARALEGAL
SERVICES AT A RATE OF $75.00 PER HOUR TO $200.00 PER HOUR, PLUS
REIMBURSABLE COSTS (600.30)
10. CLAIM OF JAMES MCGRIFFIN DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
11. UPDATE ON THE AMENDED INTEGRATED REGIONAL WATER
MANAGEMENT (IRWM) PROPOSITION 50 GRANT PROGRAM, RECEIVED
AND FILED (1050.30)
Keith Van Der Maaten, Utilities Director, provided an update and responded to
questions.
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Council Action: Moved by Council Member Allevato, seconded by Mayor pro
tem Taylor, and carried 4-0 with Council Member Freese absent to receive and
file update.
ROLL CALL.
AYES: COUNCIL MEMBER: Reeve, Allevato, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Freese
12. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
13. CHECK REGISTER FOR ELECTRONIC TRANSACTIONS DATED MAY 18 TO
JUNE 26, 2012, IN THE AMOUNT OF $8,956,556.02; AND CHECK REGISTER
DATED JUNE 9 TO JUNE 28, 2012, IN THE TOTAL AMOUNT OF
$2,564,673.17; AND PAYROLL (DIRECT DEPOSITS) DATED JUNE 22, 2012,
IN THE TOTAL AMOUNT OF $201,660.29 AND PAYROLL (CHECKS) DATED
JUNE 12 TO JUNE 28, 2012, IN THE TOTAL AMOUNT OF $38,616.18 (300.30)
14. REVIEW OF CASH AND INVESTMENT REPORT FOR MAY 31, 2012,
RECEIVED AND FILED (350.30)
15. REVIEW OF OPEN SPACE BOND MEASURE Y — ANNUAL FINANCIAL
REPORT (390.80)
16. PERSONAL SERVICES AGREEMENT WITH NEW TURTLE ISLAND FOR
ADMINISTRATION OF THE STATE OF CALIFORNIA HOME PROGRAM
GRANTS IN AN AMOUNT NOT TO EXCEED $135,000, APPROVED (600.30)
17. SITE ACCESS LICENSE FOR THE SAN JUAN CAPISTRANO OPEN SPACE
FOUNDATION AND SJCOSF DEVELOPMENT, LLC'S PROPOSED
CONSTRUCTION OF THE "DR. JOE CORTESE DOG PARK" LOCATED AT
THE NORTHWEST OPEN SPACE TO CONSTRUCT THE PROPOSED
DOG PARK AND PARKING IMPROVEMENTS, APPROVED (600.30)
(CITY COUNCIL URGENT STRATEGIC PRIORITY)
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Allevato, Taylor and Mayor Kramer
Reeve
Freese
18. RESOLUTION NO. 12-07-17-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE CITY'S FISCAL YEAR 2011-2012 GENERAL
PLAN ANNUAL PROGRESS REPORT", AND STAFF DIRECTED TO
FORWARD THE REPORT TO THE OFFICE OF PLANNING AND RESEARCH
(OPR) AND THE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT (HCD) AS MANDATED BY GOVERNMENT CODE SECTION
65400 (440.25)
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19. SITE ACCESS LICENSE FOR THE SAN JUAN CAPISTRANO OPEN SPACE
FOUNDATION TO COMPLETE IMPROVEMENTS TO 2C RANCH, APPROVED;
AND 2C RANCH PLAQUE, APPROVED (600.30)
20. PERSONAL SERVICES AGREEMENT WITH ALLIANT EMPLOYEE BENEFITS
GROUP TO PROVIDE HEALTH BENEFITS CONSULTING AND BROKER
SERVICES FOR A ONE YEAR TERM WITH UP TO THREE (3) ADDITIONAL
ONE (1) YEAR OPTIONS, FOR AN AMOUNT NOT TO EXCEED $18,500 PER
YEAR, APPROVED (600.30)
PUBLIC HEARINGS:
1. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING
PORTIONS OF SECTIONS 9-2.343, 9-3.543 AND 9-3.547 WITH RESPECT TO
PERMITS, TEMPORARY SIGNS AND SPECIAL ACTIVITIES PERMITS FOR
AUTOMOBILE DEALERSHIPS, APPROVED (410.40)
• Public Correspondence: Laura Freese, City Council Member.
William Ramsey, Assistant Development Services Director, provided a staff
report and responded to questions.
Mayor Kramer opened the public hearing and invited testimony.
t • Public Testimony: Clint Worthington, City resident; Tim Aldrich, Weseloh Auto
f Group; Mark Bodenhamer, Chamber of Commerce; Gary Willenborg, San Juan
U Auto Group; and Ken Friess, City resident.
Mayor Kramer closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Reeve, and carried 4-0 with Council Member Freese absent to
approve the first reading and introduction of an Ordinance entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, AMENDING TITLE 9, SECTIONS 9-2.343, SIGN PERMITS, 9-
3.543, SIGNS, AND 9-3.547, SPECIAL ACTIVITY PERMIT (SAP) WITH
RESPECT TO AUTOMOBILE DEALERSHIP SIGNAGE (CODE AMENDMENT
12-003).
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Allevato,
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Freese
Taylor and Mayor Kramer
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2. CONSIDERATION OF A GENERAL PLAN AMENDMENT (GPA) 12-001, TO
AMEND THE GENERAL PLAN LAND USE MAP DESIGNATIONS FOR AN
EXISTING 20.64 ACRE PROPERTY LOCATED AT 31000 AVENIDA SIEGA
(APN: 664-041-07, 08, 09, & 10) THE OAKS (SH EA HOMES, INC.) (440.25)
Public Correspondence: Jim Reardon, City resident; Mark Speros, City
resident ; PJ Douglas, City resident; Dave Schinderle, City resident; Roxwell and
Judith Hafdahl, City resident; Karen Rahn, City resident; and Maryann Tucker,
City resident.
Nick Taylor, Associate Planner, provided a PowerPoint presentation and
responded to questions.
Mayor Kramer opened the public hearing and invited testimony.
• Public Testimony: Rob Yoder, representing the applicant, provided a
PowerPoint presentation; Sheri Merkle, Shea Homes, Inc.; Ian Smith,
City resident; Jerry Lamott, City resident; Mark Nielsen, City resident; Sandra
Weaver, City resident; John Riordon, City resident; Mark Speros, City resident;
Lorraine Miller, City resident; Matt Gaffney, City resident; Karen Rahn, City
resident; Craig Rahn, City resident; Foust Grijalva, City resident; Renee Ritchie,
City resident; Emily Burke, City resident; Kathy Sieck, City resident; Ron Miller,
City resident; Hal Kraft, City resident; Louise Loyd, Dan Merkle, City resident;
and Dan Noell, City resident.
Mayor Kramer closed the public hearing. 71
Council Action: Moved by Council Member Reeve, seconded by Mayor Kramer,
and carried 3-1-0 with Mayor pro tem Taylor opposed and Council Member
Freese absent to deny without prejudice the General Plan Amendment
(GPA) 12-001 for The Oaks project.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Allevato, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: Mayor pro tem Taylor
ABSENT: COUNCIL MEMBER: Freese
ADMINISTRATIVE ITEMS:
F1 CITY CLERK
a. CONSIDERATION OF PLACING A GENERAL PLAN AMENDMENT (GPA) 12-
001 MEASURE ON THE NOVEMBER 6, 2012, BALLOT (THE OAKS) — ITEM
WITHDRAWN FROM THE AGENDA DUE TO CITY COUNCIL ACTION ON
PUBLIC HEARING ITEM 2.
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F2 DEVELOPMENT SERVICES
a. CONSIDERATION OF SITE PLAN REVISIONS FOR USE OF THE HISTORIC
ROGER Y. WILLIAMS/SWANNER HOUSE (HAMILTON OAKS AT SAN JUAN,
1 LLC) FOR OPERATION OF A WINE TASTING FACILITY AND SPECIAL
EVENTS VENUE
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• Public Correspondence: Tom Ostensen, Al King and Ken Friess,
City residents.
Grant Taylor, Development Services Director, provided a PowerPoint
presentation and responded to questions.
• Public Comments: Ron Tamez, Hamilton Oaks at San Juan, LLC; Ilse
Byrnes, City resident; Renne Ritchie, City resident, read a letter on behalf of
Roberto Brutocao, San Juan Hills Golf Club; Matt Gaffney, City resident; Al King,
City resident; Ken Friess, City resident; Diane Carter, American Horse Products;
Steve Behmerwohld, City resident; John Mastroianni, Jay's Catering; and
David Belardes, City resident.
Council Action: Moved by Mayor pro tem Taylor, seconded by Mayor Kramer,
and carried 3-0-1 with Council Member Freese absent and Council Member
Reeve opposed to direct the applicant to forward proposed Site Plan revisions to
staff in order to initiate the process with City Commissions.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Allevato, Taylor and Mayor Kramer
Reeve
Freese
SUCCESSOR AGENCY OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY BUSINESS:
1. CHECK REGISTER DATED JUNE 1, 2012, THROUGH JUNE 28, 2012, IN THE
TOTAL AMOUNT OF $96,975.64, RECEIVED AND FILED (300.30)
Mayor pro tem Taylor recused himself and stepped out of the Council Chamber
due to proximity to his residence.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Allevato, and 3-0 with Council Member Freese absent and
Mayor pro tem Taylor recused to receive and file the check register.
ROLL CALL:
AYES:
COUNCIL MEMBER: Reeve, Allevato and Mayor Kramer
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: Freese
RECUSED:
COUNCIL MEMBER: Mayor pro tem Taylor
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2. REVIEW OF CASH AND INVESTMENT REPORT FOR MAY 31, 2012,
RECEIVED AND FILED (350.30)
Council Action: Moved by Council Member Allevato, seconded by
Council Member Reeve, and carried 4-0 with Council Member Freese absent to
receive and file the cash and investment report.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Allevato, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Freese
3. UPDATE ON ASSEMBLY BILL 1484 — REDEVELOPMENT DISSOLUTION
TRAILER BILL (660.40)
Cindy Russell, Chief Financial Officer/Treasurer and Tom Clark, Agency
Counsel, provided a PowerPoint presentation and responded to questions.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Reeve, and carried 4-0 with Council Member Freese absent to
receive and file.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Allevato, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Freese
ORDINANCES: None
COUNCILMANIC ITEMS:
1. ANGELA L. GRILLO APPOINTED TO THE CITIZENS' BOND OVERSIGHT
AD-HOC COMMITTEE (340.20)
Council Action: Moved by Mayor pro tem Taylor, seconded by
Council Member Reeve, and carried 4-0 with Council Member Freese absent to
appoint Angela L. Grillo to the Citizens' Bond Oversight Ad -Hoc Committee.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Allevato, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Freese
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ADJOURNMENT:
There being no further business Mayor Kramer adjourned the meeting
at 11:45 p.m. to Tuesday, August 7, 2012, at 5:00 p.m. for Closed Session and
6:04.m. �pr a public Business Session, in the City Council Chamber.
submitted,
Approved: August 7,
AJ_
LA R KRA ER,MAYOR/
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7/17/2012