13-1203_CC_Minutes_Regular MeetingMINUTES
DECEMBER 3, 2013
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: Please refer to Special Meeting Minutes.
BUSINESS SESSION:
Mayor Taylor called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:44 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., Larry Kramer, Derek Reeve,
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 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:
• Transportation Corridor Agency Mobility Ad -Hoc Meeting.
• Economic Preservation Committee Meeting.
• Historical Society's 50th Anniversary Celebration.
• Coastal Commission Poseidon Project Hearing.
Association of California Cities — Orange County Legislative Session Meeting.
• "Welcome to San Juan Capistrano" Sign Dedication.
• League of California Cities Meeting.
• CREER Winter Gala.
0 Chamber Network Breakfast.
• South Orange County Wastewater Authority Meeting.
• Friends of the Library meeting with Michael Graves.
• Veterans Day Services at Veterans Park.
• San Juan Basin Authority Meeting.
• Mission Fine Arts Ribbon Cutting.
• 1-5 High Occupancy Lane Meeting.
• Chamber of Commerce Mixer.
• Doheny Desalination Meeting.
• Junipero Serra's 300th Birthday at the Mission.
• Sustainability Committee Meeting.
1
JOINT MEETING — CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING
AUTHORITY:
1. Public Comments regarding Agenda Items B-2 through B-7:
• Mark Bodenhamer, Chamber of Commerce; John Campbell, City resident;
Kim McCarthy, City resident; and, Jim Carter, City resident.
2. SAM ALLEVATO SELECTED TO SERVE AS MAYOR AND LARRY KRAMER
SELECTED TO SERVE AS MAYOR PRO TEMPORE OF THE CITY OF SAN
JUAN CAPISTRANO CITY COUNCIL, TERMS ENDING DECEMBER 2, 2014
(630.20)
Maria Morris, City Clerk, called for nominations for the office of Mayor.
Council Action: Moved by Council Member Kramer, seconded by
Council Member Taylor, and carried 3-1-1 with Council Member Reeve opposed
and Council Member Byrnes abstained to select Sam Allevato as Mayor, term
ending December 2, 2014.
ROLL CALL
AYES: COUNCIL MEMBER: Kramer, Taylor and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Byrnes
Maria Morris, City Clerk, called for nominations for the office of Mayor pro tem
Council Action: Moved by Council Member Taylor, seconded by
Mayor Allevato, and carried 3-1-1 with Council Member Reeve opposed and
Council Member Byrnes abstained to select Larry Kramer as Mayor pro tem,
term ending December 2, 2014.
ROLL CALL
AYES:
COUNCIL MEMBER:
Kramer, Taylor and Mayor Allevato
NOES:
COUNCIL MEMBER:
Reeve
ABSENT:
COUNCIL MEMBER:
None
ABSTAINED:
COUNCIL MEMBER:
Byrnes
3. OUTGOING MAYOR JOHN TAYLOR RECOGNIZED FOR HIS SERVICE AND
CONTRIBUTION AS SAN JUAN CAPISTRANO MAYOR
4. REMARKS PROVIDED BY OUTGOING MAYOR JOHN TAYLOR
5. REMARKS PROVIDED BY NEWLY APPOINTED MAYOR PRO TEM KRAMER
AND MAYOR ALLEVATO
2 12/3/2013
6. LARRY KRAMER SELECTED TO SERVE AS CHAIR AND ROY L. BYRNES,
M.D. SELECTED TO SERVE AS VICE -CHAIR OF THE SUCCESSOR AGENCY
TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT
AGENCY, TERMS ENDING DECEMBER 2, 2014 (435.10)
Maria Morris, Agency Secretary, called for nominations for the Chair.
Board Action: Moved by Board Member Allevato, seconded by
Board Member Reeve, and carried unanimously to select Larry Kramer as Chair,
term ending December 2, 2014.
Maria Morris, Agency Secretary, called for nominations for the Vice -Chair.
Board Action: Moved by Board Member Taylor, seconded by
Board Member Reeve, and carried unanimously to select Roy L. Byrnes, M.D. as
Vice -Chair, term ending December 2, 2014.
7. ROY L. BYRNES, M.D. SELECTED TO SERVE AS CHAIR AND DEREK
REEVE SELECTED TO SERVE AS VICE -CHAIR OF THE CITY OF SAN JUAN
CAPISTRANO HOUSING AUTHORITY, TERMS ENDING DECEMBER 2, 2014
(435.10)
Maria Morris, Commission Secretary, called for nominations for the Chair.
Commissioner Action: Moved by Commissioner Kramer, seconded by
Commissioner Allevato, and carried unanimously to select Roy L. Byrnes, M.D.
as Chair, term ending December 2, 2014.
Maria Morris, Commission Secretary, called for nominations for the Vice -Chair.
Commissioner Action: Moved by Commissioner Allevato, seconded by
Commissioner Kramer, and carried unanimously to select Derek Reeve as Vice -
Chair, term ending December 2, 2014.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Gerald Muir, Parks, Recreation and Senior Services
Commission and Youth Advisory Board; Ronald Denman, Kathy Hooper and
Steve Behmerwohld, Parks, Recreation and Senior Services Commission;
Jameson Johnson, Youth Advisory Board; and former Mayor and Council
Member Joe Soto.
2. UPDATE AND GROUNDBREAKING PRESENTATION PROVIDED BY THE
ORANGE COUNTY TRANSPORTATION AUTHORITY REGARDING THE 1-5
PROJECT OF ALL HIGH OCCUPANCY VEHICLE LANES BETWEEN AVENIDA
PICO AND SAN JUAN CREEK ROAD (800.10)
Julie Toledo, Orange County Transportation Authority, provided a PowerPoint
presentation and responded to questions.
• Public Comment: Melissa Kaffen, City resident.
3 12/3/2013
ORAL COMMUNICATIONS:
• Jameson Johnson, Youth Advisory Board; Thomas Whaling, City resident; Mary
Demers, Friends of the Library; Richard Gardner, Capistrano Beach resident; Ian
Smith, City resident; Melissa Kaffen, City resident; Mark Bodenhamer, Chamber of
Commerce; Kathy Hooper, City resident; and, Deborah Smith, City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Taylor, seconded by Mayor pro tem Kramer,
and carried unanimously to approve consent calendar items 1 through 9 and 11 through
16 as recommended by staff; with Council Member Reeve recused from consent item 3,
abstained from consent calendar item 6 and opposed to consent calendar items 2, 9, 13
and 16.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF NOVEMBER 5, 2013,
APPROVED.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
3. CITY COUNCIL MINUTES — SPECIAL MEETING OF NOVEMBER 19, 2013,
APPROVED.
Z91>A04a, 1
AYES:
COUNCIL MEMBER
NOES:
COUNCIL MEMBER
ABSENT:
COUNCIL MEMBER
RECUSED:
COUNCIL MEMBER
Byrnes, Taylor, Kramer and Mayor Allevato
None
None
Reeve
4. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED OCTOBER 18, 2013, TO NOVEMBER 14, 2013; PAYROLL (DIRECT
DEPOSITS) DATED OCTOBER 25, 2013 TO NOVEMBER 8, 2013; AND
PAYROLL (CHECKS) DATED OCTOBER 31, 2013, TO NOVEMBER 8, 2013,
RECEIVED AND FILED (300.30)
5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED OCTOBER 31,
2013, RECEIVED AND FILED (350.30)
6. RESOLUTION NO. 13-12-03-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AFFIRMING THE CITY'S COMMITMENT TO MEET ITS WATER
SYSTEM DEBT OBLIGATIONS" (640.10)
4 12/3/2013
ROLL CALL
AYES:
COUNCIL MEMBER:
Byrnes, Taylor, Kramer and Mayor Allevato
NOES:
COUNCIL MEMBER:
None
ABSENT:
COUNCIL MEMBER:
None
ABSTAINED:
COUNCIL MEMBER:
Reeve
7. RESOLUTION NO. 13-12-03-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DELEGATING TO THE CITY TREASURER AUTHORITY TO
DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST CITY FUNDS,
AUTHORIZING SIGNATURES AND REPEALING RESOLUTION NO. 12-12-04-
03"
8. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
9. PERSONAL SERVICES AGREEMENT WITH GAMMILL ELECTRIC, INC., TO
PROVIDE THE PURCHASE AND INSTALLATION FOR ONE (1) 130KW
GENERAC EMERGENCY DIESEL GENERATOR FOR CITY HALL FOR AN
AMOUNT NOT TO EXCEED $112,955, APPROVED; AND $37,955
APPROPRIATED FROM THE FACILITIES OPERATIONS FUND RESERVES
TO ACCOUNT NO. 81-41200-67501-00000-000 (600.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
10. MAYOR AUTHORIZED TO SIGN A LETTER APPROVING THE REQUEST
FROM THE BREWHOUSE FOR A CERTIFICATE OF PUBLIC CONVENIENCE
OR NECESSITY (CPCN) REQUIRED BY THE STATE DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL FOR A TYPE 42, ON -SALE BEER &
WINE PUBLIC PREMISES (585.15)
• Public Comment: Mark Bodenhamer, Chamber of Commerce.
Council Action: Moved by Council Member Byrnes, seconded by
Mayor pro tem Kramer, and carried unanimously to authorize the Mayor to sign a
letter approving the request from the Brewhouse for a Certificate of Public
Convenience or Necessity (CPCN) required by the State Department of Alcoholic
Beverage Control for a Type 42, On -Sale Beer and Wine Public Premises.
11. 2014 STREET BANNER CALENDAR FOR BANNER INSTALLATIONS AT THE
INTERSECTION OF CAMINO CAPISTRANO AND DEL OBISPO STREETS,
APPROVED (410.40)
5 12/3/2013
12. RESOLUTION NO. 13-12-03-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING DESIGNATED FLEET INVENTORY AS SURPLUS"
(670.70)
13. CONSTRUCTION AGREEMENT AWARDED TO CHARLES KING COMPANY
FOR CONSTRUCTION OF THE ROSENBAUM WELL PROJECT NOT TO
EXCEED $62,300 (CIP 13806) (600.30)
Rnl I r.Al I
AYES: COUNCIL MEMBER: Byrnes, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
14. REQUEST TO CALTRANS FOR A TIME EXTENSION FOR THE CAMINO
CAPISTRANO REHABILITATION PROJECT FROM SAN JUAN CREEK ROAD
TO LA ZANJA STREET, APPROVED; AND MAYOR AUTHORIZED TO
EXECUTE THE 2008-09 FEDERAL RECOVERY ACT PROJECTS FORM
(600.30)
15. RESOLUTION NO. 13-12-03-04 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING CONSIDERATION OF A GENERAL PLAN
AMENDMENT FOR THE 1.0 ACRE SITE AT 29582 SPOTTED BULL LANE,
PARCEL 650-011-27 (GILMER RESIDENCE)" (440.25)
16. AGREEMENT FOR EMERGENCY AND INTERRUPTIBLE OPERATION
INTERCONNECTIONS FOR DOMESTIC AND RECYCLED WATER BETWEEN
THE CITY AND SANTA MARGARITA WATER DISTRICT, APPROVED (600.50)
Rnl I r.A1 I
AYES: COUNCIL MEMBER
NOES: COUNCIL MEMBER
ABSENT: COUNCIL MEMBER
PUBLIC HEARINGS:
Byrnes, Taylor, Kramer and Mayor Allevato
Reeve
None
1. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING
SPECIFIC SECTIONS OF TITLE 8 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE BY ADOPTING THE 2013 EDITIONS OF THE CALIFORNIA
BUILDING STANDARDS CODE AND RELATED MODEL CODES WITH
APPENDICES AND AMENDMENTS THERETO (590.30)
Bret Caulder, Building & Code Enforcement Manager, provided a staff report and
responded to questions.
Mayor Allevato opened the public hearing and invited testimony. No public
testimony was provided. Mayor Allevato closed the public hearing.
Christy Jakl, Deputy City Clerk, read the title of the ordinance.
6 12/3/2013
Council Action: Moved by Council Member Byrnes, seconded by
Council Member Taylor, and carried unanimously to approve the first reading and
introduction of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INTRODUCTION
AND FIRST READING OF AN ORDINANCE AMENDING SPECIFIC SECTIONS
OF TITLE 8 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE BY
ADOPTING THE 2013 EDITIONS OF THE CALIFORNIA BUILDING
STANDARDS CODE AND RELATED MODEL CODES WITH APPENDICES
AND AMENDMENTS THERETO" (450.30)
2. CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT,
GENERAL PLAN AMENDMENT (GPA) 12-02, REZONE (RZ) 12-01,
ARCHITECTURAL CONTROL (AC) 12-13, AND GRADING PLAN
MODIFICATION (GPM) 12-01 (RANCHO SAN JUAN APARTMENTS PROJECT)
— CONTINUED TO JANUARY 21, 2014 (440.25/460.20/410.60)
Public Correspondence: Phillip Schwartze, PRS Group; Jack and Jody Pike,
City residents; and Jose Lopez, City resident
William Ramsey, Assistant Development Services Director, provided a
PowerPoint presentation and responded to questions. Keeton Kreitzer, City
Consultant, and Serine Ciandella, Kimley-Horn City Consultant, provided a
presentation and responded to questions.
Phillip Schwartze, PRS Group, and Joe Foust, Professional Traffic Engineer
Testimony, representing the applicant, provided a PowerPoint presentation and
responded to questions.
Mayor Allevato opened the public hearing and invited testimony.
Public Testimony: The following individuals spoke in favor. Dave Solt, City
resident; Erin Kutnick, City resident; and, Eduardo Moreno, Saint Joseph
Health Mission Hospital (read and submitted letter from Cindy Mueller).
Public Testimony: The following individuals spoke in opposition: Clark
Hampton, Capistrano Unified School District; Mark Nielsen, City resident; Mike
Johnson, City resident; John Davis, City resident (provided pictures); Daniel
Shay, City resident; Jim Reardon, City resident; Linda Davis, City resident;
Trevor Dale, City resident; and, John Han, City resident.
Council Action: Moved by Mayor Allevato, seconded by
Council Member Byrnes, and carried 4-0 with Council Member Reeve absent (left
meeting) to continue the public hearing to January 21, 2014.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Reeve (left meeting)
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12/3/2013
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)
ADMINISTRATIVE ITEMS: None.
ORDINANCES: None.
COUNCILMANIC ITEMS: None.
ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting at 10:52 p.m.
to Tuesday, December 17, 2013, at 5:00 p.m. for Closed Session and 6:00 p.m. for a
public Business Session, in the City Council Chamber.
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Respectfully submitted,
CHRISTY'JAKL, QEPUTY rITY CLERK
Approved: December 17, 2013
ATTEST:
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SAMIALLEVATO, MAYOR
8 12/3/2013