12-0904_CC_Minutes_Regular MeetingMINUTES
September 4, 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: Laura Freese, Derek Reeve, Mayor pro tem
John Taylor and Mayor Larry Kramer
COUNCIL MEMBERS ABSENT: Sam Allevato
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 Capistrano
Tax Payers Association vs. City of San Juan Capistrano. OC Superior Court
Case No. 30-2012-00594579.
€ BUSINESS SESSION:
Mayor Kramer called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:03 p.m. in the City Council Chamber.
Mayor pro tem Taylor led the Pledge of Allegiance and City Council Member Freese
gave the Invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, Mayor pro tem
John Taylor and Mayor Larry Kramer
COUNCIL MEMBERS ABSENT: Sam Allevato
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: Council Member Reeve
announced that he recused himself from Closed Session due to a business partnership
with the President of the Capistrano Tax Payers Association.
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.
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CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• League of Cities — Orange County Division Quarterly Membership meeting.
• City Council Priorities Accomplishment Celebration.
• Capistrano Dispatch 10 Year Anniversary Celebration.
• Luncheon for Sergeant Ellithorpe.
• Rancho Mission Viejo Rodeo.
• Ribbon Cutting Ceremony for the new Performing Arts Center at St. Margaret's
Episcopal School.
• San Juan Hills High School Football Stadium Opening Ceremony.
INTRODUCTIONS AND PRESENTATIONS:
1. Mayor Kramer introduced the New City Attorney Hans Van Ligten,
Rutan & Tucker, LLP. Mayor pro tem Taylor introduced the following individuals
in attendance: Steve Behmerwohld and Ron Denman, Parks, Recreation and
Senior Services Commission; Ilse Byrnes, Open Space, Trails and Equestrian
Commission; Dave Solt and William Bonney, Housing Advisory Committee;
Dan Friess, Design Review Committee; and Gerald Muir, Youth Advisory Board
and Parks, Recreation and Senior Services Commission.
2. SAN JUAN CAPISTRANO LOS RIOS PARK GARDEN ANGELS, RECOGNIZED
(610.40)
3. OUTGOING YOUTH ADVISORY BOARD MEMBERS, RECOGNIZED (610.40)
4. PRESENTATION PROVIDED REGARDING A PHOTO CLUB BOOK (610.40)
ORAL COMMUNICATIONS:
• Art Guevara, City resident.
CONSENT CALENDAR:
Council Action: Moved by Mayor pro tem Taylor, seconded by Council Member
Reeve, and carried 4-0 with Council Member Allevato absent to approve consent
calendar items 1 through 3, 5, 6, 7, 8, and 9 as recommended by staff with Council
Member Reeve opposed to consent calendar 6.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF AUGUST 21, 2012,
APPROVED.
3. CHECK REGISTER FOR ELECTRONIC TRANSACTIONS DATED JULY 25 TO
JULY 26, 2012, IN THE AMOUNT OF $2,569,613.88; AND CHECK REGISTER
DATED JULY 27 TO AUGUST 9, 2012, IN THE TOTAL AMOUNT OF
$665,536.40; AND PAYROLL DIRECT DEPOSITS (DIRECT DEPOSITS)
DATED AUGUST 3, 2012, IN THE TOTAL AMOUNT OF $182,537.18; AND
PAYROLL DIRECT DEPOSITS (CHECKS) DATED AUGUST 3, 2012, IN THE i
TOTAL AMOUNT OF $153.00, RECEIVED AND FILED (300.30) i
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4.
CASH AND INVESTMENTS REPORTS FOR JULY 31, 2012, RECEIVED AND
FILED (350.30)
Council Action: Moved by Mayor Kramer, seconded by Mayor pro tem Taylor,
and carried 4-0 with Council Member Allevato absent to receive and file the
Investment Reports for July 31, 2012.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
5. AMENDMENT TO AGREEMENT WITH N. HARRIS COMPUTER
CORPORATION TO PROVIDE NECESSARY CHANGES TO THE CITY'S
PAYROLL DATA TRANSMISSION FILE FOR RETIREMENT REPORTING IN
THE AMOUNT NOT TO EXCEED $33,000, APPROVED (600.30)
6. PERSONAL SERVICES WITH PROJECT PARTNERS, INC FOR WATER
OPERATIONS SERVICES IN THE AMOUNT NOT TO EXCEED $50,000,
APPROVED (600.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: Allevato
7. REGULAR MEETING SCHEDULE OF THE CITY COUNCIL REVISED BY
CANCELING THE NOVEMBER 20, 2012, AND JANUARY 1, 2013, MEETINGS;
AND CHANGING THE DATE OF THE NOVEMBER 6, 2012, MEETING TO
NOVEMBER 13, 2012 (610.15)
8. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — FROM
JULY 16, 2012, THROUGH AUGUST 15, 2012, RECEIVED AND FILED
(440.10)
9. RESOLUTION 12-09-04-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH
APPROVED PLANS AND SPECIFICATIONS FOR THE ONE-STOP SHOP
PROJECT;" CHANGE ORDER NO 1. WITH INSLEY CONSTRUCTION IN THE
AMOUNT OF $7,033.00, APPROVED; AND CITY CLERK DIRECTED TO
PROCESS FOR RECORDATION THE NOTICE OF COMPLETION (600.30)
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10. AMENDMENT TO THE EXISTING PERSONAL SERVICES AGREEMENT WITH
HALL AND FOREMAN, INC. TO INCLUDE CONSTRUCTION AND BID
SUPPORT SERVICES INCREASING THE CONTRACT AMOUNT BY $35,150,
FOR A NOT TO EXCEED AMOUNT OF $108,965, APPROVED; PERSONAL
SERVICES AGREEMENT WITH COGSTONE TO PROVIDE
ARCHEOLOGICAL, PALEONTOLOGICAL AND NATIVE AMERICAN
RESOURCE MONITORING IN THE AMOUNT OF $32,234, APPROVED;
PERSONAL SERVICES AGREEMENT WITH GLENN LUKOS AND
ASSOCIATES, INC. TO PROVIDE BIOLOGICAL RESOURCE OVERSIGHT
AND MONITORING SERVICES FOR FIVE YEARS IN THE AMOUNT OF
$57,270, APPROVED; PERSONAL SERVICES AGREEMENT WITH PACIFIC
BIOSCIENCE, INC. TO PROVIDE HABITAT MITIGATION AREA
MAINTENANCE FOR FOUR YEARS IN THE AMOUNT OF $25,920,
APPROVED; AND CITY MANGER, AUTHORIZED TO APPROVE CHANGE
ORDERS UP TO 10% OF THE CONTRACT AMOUNT FOR THESE
CONTRACTS (SUN RANCH DRAINAGE IMPROVEMENT PROJECT)
(CIP 11503) (600.30)
Jim Ross, Interim Public Works Director, responded to questions.
Council Action: Moved by Council Member Freese, seconded by Mayor pro tem
Taylor, and carried 4-0 with Council Member Allevato absent to approve an
Amendment to the existing Personal Services Agreement with Hall and Foreman,
Inc. to include construction and bid support services increasing the contract
amount by $35,150, for a not to exceed amount of $108,965; approve a
Personal Services Agreement with Cogstone to provide archeological,
paleontological and Native American resource monitoring in the amount of
$32,234; approve a Personal Services Agreement with Glenn Lukos and
Associates, Inc. to provide biological resource oversight and monitoring services
for five years in the amount of $57,270; approve a Personal Services Agreement
with Pacific Bioscience, Inc. to provide habitat mitigation area maintenance for
four years in the amount of $25,920; and authorized the City Manager to approve
Change Orders up to 10% of the contract amount for these contracts
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
PUBLIC HEARINGS:
INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING
SECTION 9-5.103 REDUCING THE HOUSING IN -LIEU FEE BY 10%
CODE AMENDMENT 12-02 (420.30)
Laura Stokes, Housing/Redevelopment Coordinator provided a staff report and
responded to questions.
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n
Mayor Kramer opened the public hearing and invited testimony.
• Public Testimony: Dave Solt, City resident (Housing Advisory Committee
jMember).
Mayor Kramer closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Taylor, and carried 4-0 with Council Member Allevato absent to
approve a the first reading and introduction of an ordinance entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE NOTICE OF EXEMPTION
AND APPROVING CODE AMENDMENT 12-02 TO AMEND TITLE 9 OF THE
LAND USE CODE SECTION 9-5.103 REDUCING THE HOUSING IN LIEU FEE
BY 10%."
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
2. RESOLUTION 12-09-04-02 ADOPTED APPROVING A NEGATIVE
DECLARATION AND REZONE (RZ) 11-001 FOR A TEXT AMENDMENT TO
THE LOW DENSITY OFFICE DISTRICT (SPM — LAS HADAS, LLC) (460.20)
Nick Taylor, Associate Planner, provided a staff report and responded to
questions.
Mayor Kramer opened the public hearing and invited testimony.
• Public Testimony: Dan Friess, representing the applicant.
Mayor Kramer closed the public hearing.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Freese, and carried unanimously to adopt Resolution No.
12-09-04-02 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE (RZ) 11-
001, AN AMENDMENT TO THE LOS RIOS SPECIFIC PLAN (SP 78-01) "LOW
DENSITY OFFICE" DISTRICT TO ALLOW CERTAIN RETAIL AND FOOD USES
TO BE PERMITTED BY RIGHT, AND APPROVING A NEGATIVE
DECLARATION (SPM — LAS HADAS, LLC);" and adding to the Resolution the
following provision under Exhibit B, Conditional Uses Permit Permitted — "Any
use permitted by subsection B.1.b.3 where the proposed use would exceed
either a cumulative area of 4,500 square feet or 1,500 square feet for any single
tenant."
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ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
3. RESOLUTION 12-09-04-03 ADOPTED APPROVING CONDITIONAL USE
PERMIT 12-005, ARCHITECTURAL CONTROL 12-005, AND FLOODPLAIN
LAND USE PERMIT 12-001 SUBJECT TO CONDITIONS OF APPROVAL; AND
DEVELOPMENT SERVICES DIRECTOR AUTHORIZED TO EXECUTE THE
AFFORDABILITY COVENANT, AND CITY CLERK DIRECTED TO HAVE
DOCUMENT RECORDED (460.701440.25)
David Contreras, Senior Planner, provided a staff report and responded to
questions.
Mayor Kramer opened the public hearing and invited testimony.
• Public Testimony: Jeri Jessee, City resident; Warren Watkins, Capistrano
Valley Mobile Estates, Owner; Brinda Baumohl, City resident; and
Steve Behmerwohld, City resident.
Mayor Kramer closed the public hearing.
Council Action: Moved by Mayor pro tem Taylor, seconded by Council Member
Freese, and carried 4-0 with Council Member Allevato absent to adopt
Resolution No. 12-09-04-03 entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 12-005, ARCHITECTURAL CONTROL 12-005,
AND FLOODPLAIN LAND USE PERMIT 12-001 APPLICATIONS FOR
ARCHITECTURAL ALTERATIONS TO THE CLUBHOUSE, REMOVAL OF TWO
LAUNDRY FACILITIES AND THE INSTALLATION OF TWO NEW MOBILE
HOMES AT THE CAPISTRANO VALLEY MOBILE ESTATES LOCATED AT
26000 AVENIDA AEROPUERTO (ASSESSOR PARCEL NUMBER 121-240-35)
(FULBRIGHT RODRIGUEZ ARCHITECTS, INC.)"; Development Services
Director authorized to execute the Affordability Covenant, and City Clerk directed
to have document recorded.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
SAN JUAN CAPISTRANO HOUSING AUTHORITY: (Refer to Housing Authority
Minutes)
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY: (Refer to Successor Agency Minutes)
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ADMINISTRATIVE ITEMS:
H1 DEVELOPMENT SERVICES
a. HOUSING ADVISORY COMMITTEE PROGRAM RECOMMENDATIONS
REGARDING AFFORDABLE HOUSING DEVELOPMENT; AND REVIEW OF
THE POTENTIAL CONSEQUENCES OF REZONING PROPERTY FOR
AFFORDABLE HOUSING, RECEIVED AND FILED (430.10)
Laura Stokes, Housing/Redevelopment Coordinator, provided a staff report and
responded to questions.
• Public Comments: Dave Solt, City resident (Housing Advisory Committee
Member).
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Taylor, and carried 4-0 with.Council Member Allevato absent to
receive and file the Housing Advisory Committee program recommendations
regarding affordable housing development; and the review of potential
consequences of rezoning property for affordable housing.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
b. RESOLUTION 12-09-04-04 ADOPTED APPROVING THE PRELIMINARY SITE
DEVELOPMENT PLAN AND STATE MANDATED DEED RESTRICTION FOR
THE BLAS AGUILAR ADOBE NATURE EDUCATION FACILITY (NEF) GRANT
PROJECT; AND CITY CLERK AUTHORIZED TO FORWARD THE DEED
RESTRICTION TO THE RECORDER'S OFFICE FOR RECORDATION (670.50)
William A. Ramsey, Assistant Development Services Director, provided a staff
report and responded to questions.
• Public Comments: David Belardes, City resident.
Council Action: Moved by Mayor pro tem Taylor, seconded by
Council Member Reeve, and carried 4-0 with Council Member Allevato absent to
adopt Resolution No. 12-09-04-04 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING SITE DEVELOPMENT PLANS FOR THE BLAS AGUILAR ADOBE
LOCATED AT 31806 EL CAMINO REAL AND AUTHORIZING RECORDATION
OF THE NATURE EDUCATION FACILITY (NEF) GRANT DEED RESTRICTION
(ASSESSORS PARCEL NUMBER: (CAPITAL IMPROVEMENT PROJECT
07403)."
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
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ORDINANCES: None
COUNCILMANIC ITEMS:
Council Member Reeve requested information/policies pertaining to City Council
excused/unexcused absences.
ADJOURNMENT:
There being no further business Mayor Kramer adjourned the meeting
at 9:12 p.m.,/to Tuesday, September 18, 2012, at 5:00 p.m. for Closed Session and
6:OO� .'for/a public Business Session, in the City Council Chamber.
submitted,
Approved: September 18, 2012
9/4/2012