13-0319_CC_Minutes_Regular MeetingMINUTES
MARCH 19, 2013
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: None.
BUSINESS SESSION:
Mayor Taylor called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:06 p.m. in the City Council Chamber.
Council Member Byrnes led the Pledge of Allegiance and Mayor pro tem Allevato gave
the Invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., Derek Reeve, Larry Kramer,
Mayor pro tem Sam Allevato and Mayor John Taylor.
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.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Hamilton Oaks Vineyard and Winery Grand Opening and Ribbon Cutting.
• State of the City Dinner.
• Emergency Services Responders Meeting for Ortega/1-5 Interchange Project.
• South Orange County Wastewater Authority Finance/Board of Director's Meetings.
• San Juan Basin Authority Meeting.
• Transportation Corridor Agencies (Board of Directors, Joint Legislative Ad -Hoc and
Mobility Ad -Hoc) Meetings (Foothill, Eastern & San Joaquin Hills Transportation
Corridors).
• City Council and City Manager Retreat.
• San Diego Regional Water Quality Control Board Meeting.
• Quite Zone Commencement Ceremony.
• Saint Joseph's Day and the Return of the Swallows Celebration at the Mission.
• Mayor's Walk.
• Meeting with potential Developer for Urban Village.
• EI Presidente Ball.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM ALLEVATO INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Gerald Muir, Parks, Recreation and Senior
Services Commission and Youth Advisory Board; Steve Behmerwohld and
Ronald Denman, Parks, Recreation and Senior Services Commission;
Robert Ferguson and Elliott Levenson, Open Space, Trails and Equestrian
Commission.
2. YOSSYMAR ROJAS RECOGNIZED AS THE BOYS AND GIRLS CLUBS OF
CAPISTRANO VALLEY YOUTH OF THE YEAR (610.40)
3. FISCAL YEAR 2011-2012 SINGLE AUDIT REPORT, RECEIVED AND FILED
(310.30)
ORAL COMMUNICATIONS:
• Mark Bodenhamer, Chamber of Commerce; Jean Janicki, The Ark of San Juan
(provided handouts); Mark Raber, Del Taco; and Bill Odelson, Paper Annex Store
Business Owner (provided Petition Supporting opening of EI Horno Street).
CONSENT CALENDAR:
Council Action: Moved by Council Member Kramer, seconded by Council Member
Reeve and carried unanimously to approve consent calendar items 1 through 3, and
6 through 9 as recommended by staff; with Council Member Reeve opposed to
consent calendar 9.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF MARCH 5, 2013,
APPROVED.
3. CHECK REGISTER FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED FEBRUARY 22, 2013, TO MARCH 7, 2013; PAYROLL (DIRECT
DEPOSITS) DATED MARCH 1, 2013; AND PAYROLL (CHECKS) DATED
MARCH 5, 2013, RECEIVED AND FILED (300.30) 7
4. $4,735.85 - DONATION FROM SAN JUAN CAPISTRANO EQUESTRIAN
COALITION FOR THE CITY OF SAN JUAN CAPISTRANO'S COMMUNITY
EMERGENCY RESPONSE TEAM, ACCEPTED; AND FISCAL YEAR 2012/2013
ADOPTED BUDGET REVENUE ACCOUNT 01-00000-48302-00000-000
INCREASED BY UP TO $4,735.85; AND $4,735.85 APPROPRIATED TO THE
FISCAL YEAR 2012/2013 ADOPTED BUDGET EXPENSE ACCOUNT 01-
41200-63704-00000-000 (150.60)
• Public Comments: Dr. Julie Ryan Johnson, City resident; and Tony Pointer,
City resident.
Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Byrnes, and carried unanimously to accept a donation of
$4,735.85 from the San Juan Capistrano Equestrian Coalition for the City of
San Juan Capistrano's Community Emergency Response Team; and to increase
Fiscal Year 2012/2013 Adopted Budget Revenue Account 01-00000-48302-
00000-000 by up to $4,735.85; and appropriate $4,735.85 to the Fiscal Year
2012/2013 Adopted Budget Expense Account 01-41200-63704-00000-000.
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5. $2,500 DONATION FROM DOCTOR'S AMBULANCE SERVICE FOR THE CITY
OF SAN JUAN CAPISTRANO'S COMMUNITY EMERGENCY RESPONSE
TEAM, ACCEPTED; FISCAL YEAR 2012/2013 ADOPTED BUDGET REVENUE
ACCOUNT 01-00000-48302-00000-000 INCREASED BY $2,500; AND $2,500
APPROPRIATED TO THE FISCAL YEAR 2012/2013 ADOPTED BUDGET
EXPENSE ACCOUNT 01-41200-63704-00000-000 (150.60)
• Public Comments: Dave Sanford, Doctor's Ambulance Service.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Kramer, and carried unanimously to accept a donation of
$2,500 from Doctor's Ambulance Service for the City of San Juan Capistrano's
Community Emergency Response Team; and to increase Fiscal Year 2012/2013
Adopted Budget Revenue Account 01-00000-48302-00000-000 by $2,500; and
appropriate $2,500 to the Fiscal Year 2012/2013 Adopted Budget Expense
Account 01-41200-63704-00000-000.
6. ALL POSITIONS IN CITY COMMISSIONS AND COMMITTEES DECLARED
VACANT AS OF JUNE 30, 2013; AND CITY CLERK DIRECTED TO PREPARE
AND POST APPROPRIATE NOTICES TO SOLICIT APPLICATIONS (110.20)
7. AMENDMENT TO THE PERSONAL SERVICES AGREEMENT FOR
PROVISION OF REAL ESTATE BROKER SERVICES FOR THE HARRISON
HOUSE/PARRA ADOBE PROPERTY (PARCEL NO. 666-19-18) WITH RE/MAX
ENCORE, APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE
DISCLOSURES AS NECESSARY (600.30)
8. $35,330.01 IN COSTS RATIFIED; AND FINAL PAYMENT OF $142,827.29,
RELEASED TO THE COUNTY OF ORANGE FOR THE INSTALLATION OF A
DOMESTIC WATER PIPELINE IN THE ORTEGA HIGHWAY (600.50)
9. PERSONAL SERVICES AGREEMENT WITH PACIFIC RESTORATION
GROUP, INC. FOR THE INSTALLATION OF CALIFORNIA NATIVE PLANTS
FOR THE 2C RANCH/TRABUCO CREEK HABITAT RESTORATION PLAN NOT
TO EXCEED $191,708.65 (TO BE FULLY FUNDED WITH ORANGE COUNTY
TRANSPORTATION AUTHORITY (OCTA) ENVIRONMENTAL MITIGATION
PROGRAM (EMP) GRANT FUNDS, CALTRANS COOPERATIVE AGREEMENT
FUNDS, AND CALIFORNIA HABITAT CONSERVATION FUND (HCF) GRANT
FUNDS), APPROVED (600.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
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PUBLIC HEARINGS.
CONSIDERATION OF AN URGENCY ORDINANCE APPROVING FLEXIBLE
TEMPORARY SIGN STANDARDS TO ASSIST BUSINESSES CITYWIDE
DURING CONSTRUCTION OF THE 1-5/ORTEGA HIGHWAY INTERCHANGE
PROJECT (410.40) — PUBLIC HEARING REMOVED FROM THE AGENDA BY
STAFF
Public Correspondence: Ross Pollard, Economic Preservation
Sub -Committee.
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
ADMINISTRATIVE ITEMS:
G1. DEVELOPMENT SERVICES
a. PRESENTATION PROVIDED BY THE AESTHETICS SUBCOMMITTEE AND
THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA)
REGARDING THE 1-5/ HIGH OCCUPANCY VEHICLE (HOV) AESTHETICS
SUBCOMMITTEE RECOMMENDATIONS FOR TREATMENT OF TWO
RETAINING WALLS AND LANDSCAPING; AND SUBCOMMITTEES
RECOMMENDATIONS, APPROVED ((800.10)
Grant Taylor, Development Services Director, responded to questions. Julie
Toledo, Community Relations Specialist, Orange County Transportation
Authority, provided a PowerPoint presentation and responded to questions.
Public Comments: Steve Behmerwohld, City resident.
Council Action: Moved by Council Member Reeve, seconded by
Mayor pro tem Allevato, and carried unanimously to accept a presentation
provided by the Aesthetics Subcommittee and the Orange County Transportation
Authority (OCTA) regarding the 1-5/ High Occupancy Vehicle (HOV) Aesthetics
Subcommittee recommendations for treatment of two retaining walls and
landscaping; and to approve the Aesthetics Subcommittee's recommendations.
b. STAFF DIRECTED TO BEGIN NEGOTIATIONS WITH CROWN CASTLE
REGARDING TIME, PLACE AND MANNER OF APPLICANTS' PROPOSED
USE OF THE PUBLIC RIGHT-OF-WAY FOR A PROPOSED
TELECOMMUNICATIONS NETWORK; AND STAFF DIRECTED TO BEGIN
PROCESSING THE CONDITIONAL USE PERMIT (CUP) APPLICATION
(600.30)
Nick Taylor, Associate Planner, provided an Agenda Report and responded to
questions.
• Public Comments: Steven Garcia, Crown Castle.
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Council Action: Moved by Council Member Byrnes, seconded by Mayor pro tem
Allevato, and carried unanimously to direct staff to begin negotiations with
Crown Castle regarding time, place and manner of applicants' proposed use of
the public right-of-way for a proposed telecommunications network; and to direct
staff to begin processing the Conditional Use Permit (CUP) application.
C. RESOLUTION 13-03-19-01 ADOPTED AUTHORIZING A FIFTY PERCENT
(50%) FEE REDUCTION FOR SPECIAL ACTIVITY PERMITS AND PARK USE
FEES FOR A TWO (2) YEAR PERIOD UNTIL MARCH 19, 2015, WITHIN THE
HISTORIC TOWN CENTER MASTER PLAN AREA (420.201460.70)
Mayor Taylor recused himself due to proximity to his residence and left the
Council Chamber. Mavor pro tem Allevato took control of the meetina.
Grant Taylor, Development Services Director and Cynthia Alexander, Acting
Community Services Director, responded to questions.
• Public Comments: Mark Bodenhamer, Chamber of Commerce; and
Tom Scott, Camino Real Playhouse.
Council Action: Moved by Council Member Kramer, seconded by
Council Member Byrnes, and carried 4-0 with Mayor Taylor recused to adopt
Resolution 13-03-19-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING A
FIFTY PERCENT (50%) FEE REDUCTION FOR SPECIAL ACTIVITY PERMITS
AND PARK USE FEES FOR A TWO (2) YEAR PERIOD UNTIL MARCH 19,
2015, WITHIN THE HISTORIC TOWN CENTER MASTER PLAN AREA;"
and bring back to the City Council financial impacts to expand the fee reduction
to all parks in the City for non -sport events.
ROLL CALL:
AYES:
COUNCIL MEMBER: Byrnes, Reeve, Kramer and Mayor pro tem Allevato
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Mayor Taylor
d. CONSIDERATION OF 2013 OPEN SPACE, TRAILS AND EQUESTRIAN
COMMISSION PROJECT PRIORITIES (920.20)
Rob Ferguson, Open Space and Equestrian Commission, provided a PowerPoint
presentation and responded to questions.
• Public Comments: Kim McCarthy, City resident; Melissa Kaffen,
City resident; Mark Speros, City resident; Mark Franz, City resident;
Clint Worthington, City resident; Steve Behmerwohld, City resident; and
Renee Ritchie, City resident.
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1St Council Action: Moved by Council Member Byrnes, seconded by
Mayor pro tem Allevato, and carried unanimously to receive and file the
2013 Open Space, Trails and Equestrian Commission Project Priorities; and
thank the Commission for their work.
2nd Council Action: Moved by Council Member Byrnes, seconded by
Council Member Reeve, and carried 4-1 with Mayor pro tem Allevato abstained
to direct staff to bring back to the City Council a specific list of constrains
associated with the Purchase and Sale Agreement provisions on the Rancho
Mission Viejo (RMV) Riding Park (Parcel 7) and the Citrus Grove Site (Parcel 8).
ROLL CALL:
AYES:
COUNCIL MEMBER: Byrnes, Reeve, Kramer and Mayor Taylor
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
ABSTAINED:
COUNCIL MEMBER: Mayor pro tem Allevato
G2. CITY ATTORNEY
a. PURCHASE AND SALE AGREEMENT WITH ACCRETIVE REALTY
REGARDING THE SALE OF LOT 217 (PARCEL NO. 650-592-02); AND
MAYOR AUTHORIZED TO EXECUTE THE PURCHASE AND SALE
AGREEMENT (600.30)
Mayor pro tem Allevato recused himself and left the Council Chamber due to his
Homeowners Association ownership of property within 500 feet of Lot 217.
Hans Van Ligten, City Attorney, provided a presentation and responded to
questions.
Council Action: Moved by Council Member Byrnes, seconded by
Council Member Kramer, and carried 4-0 with Mayor pro tem Allevato recused to
approve the Purchase and Sale Agreement with Accretive Realty regarding the
sale of Lot 217 (Parcel No. 650-592-02); and Mayor authorized to execute the
Purchase and Sale Agreement.
ROLL CALL:
AYES:
COUNCIL MEMBER: Byrnes, Reeve, Kramer and Mayor Taylor
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Mayor pro tem Allevato
ORDINANCES: None.
COUNCILMANIC ITEMS: None.
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ADJOURNMENT:
There being no further business Mayor Taylor adjourned the meeting
at 9:26 p.m. to Tuesday, April 2, 2013, at 4:00 p.m. for Closed Session, and
6:01 p.mAfor a public Business Session, in the City Council Chamber.
I
submitted,
Approved: April 2, 2013
4/2/2013