14-1118_CC_Minutes_Regular Meeting MINUTES
November 18, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: Please refer to 4:30 p.m. Special Meeting Minutes.
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:13 p.m. in the City Council Chamber. Council
Member Byrnes and Council Member Taylor gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., John Taylor, Derek Reeve,
Mayor pro tem Larry Kramer and Mayor Sam Allevato.
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.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS:
Hans Van Ligten, City Attorney, announced a Settlement Agreement was authorized by
the City Council to resolve litigation in the matter of Glaser vs. San Juan Capistrano, OC
Superior Court Case No. 30-2011-00456117-CU-OR-CJC.
CITY CLERK ANNOUNCEMENT: Per Assembly Bill 23, Maria Morris, City Clerk,
announced that each Housing Authority Board Member are receiving a $50.00 stipend
for conducting the Housing Authority meeting.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Los Rios District Citizens' Meeting.
• Youth Advisory Board Meeting.
• League of California Cities Meeting.
• Transportation Corridor Agencies Board Meetings.
• Transportation Corridor Agencies Mobility Ad-Hoc Meeting.
• Association of California Cities Orange County City Selection Meeting.
• Veterans' Day Ceremony at Veterans' Park.
• Ribbon Cutting Ceremony for Strides Functional Fitness Studio.
• Orange County Fire Authority Board Meeting.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Ilse Byrnes and Elliot Levenson, Open Space, Trails and
Equestrian Commission; Jan Siegel and William Bonnie, Cultural Heritage
Commission; Kathy Hooper and Steve Behmerwohld, Parks, Recreation and
Senior Services Commission; Gerry Muir, Parks, Recreation and Senior Services
Commission and Youth Advisory Board; and Amanda Lee, Katie Clavadetscher,
Cate Petersen and Gavin Spenser, Youth Advisory Board.
1
2. FISCAL YEAR 2014-2015 FIRST QUARTER FINANCIAL REPORT AND
UPDATE ON THE CITY COUNCIL'S PRIORITIES, RECEIVED AND FILED;
PROPOSED ADJUSTMENTS TO THE CITY'S OPERATING AND CAPITAL
PROJECT FUNDS APPROVED AS PRESENTED; AND PURCHASES
APPROVED VIA EMERGENCY PURCHASING AUTHORIZATION PROCESS
1N THE AMOUNT OF $65,356 AS DETAILED IN ATTACHMENT 2 OF THE
AGENDA REPORT, RATIFIED AND APPROVED (330.20)
Michelle Bannigan, Assistant Finance Director, provided a PowerPoint
presentation and responded to questions.
Council Action: Moved by Council Member Taylor, seconded by
Mayor pro tem Kramer, and carried unanimously to receive and file the City of
San Juan Capistrano's First Quarter Financial Report for Fiscal Year 2014-2015
and update on the City Council's Priorities; proposed adjustments to the City's
operating and capital project funds approved as presented; and, purchase ratified
via the Emergency Purchasing Authorization process in the amount of $65,356.
ORAL COMMUNICATIONS:
Dusty Otero, City resident; Richard Toon, City resident; Clint Worthington,
City resident; Kathy Hooper, City resident, Janet Curtis, City resident;
Kim McCarthy, City resident; Kim Lefner, City resident; and, David Jordan,
City resident.
CONSENT CALENDAR:
Council Action; Moved by Council Member Taylor, seconded by Council Member
Reeve, and carried unanimously to approve consent calendar items 1 through 12, as
recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
NOVEMBER 4, 2014, APPROVED.
3, CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED OCTOBER 17, 2014, TO OCTOBER 30, 2014; PAYROLL (DIRECT
DEPOSITS) DATED NOVEMBER 7, 2014; AND PAYROLL (CHECKS) DATED
NOVEMBER 7, 2014, RECEIVED AND FILED (300.30)
4. REVIEW OF CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
SEPTEMBER 30, 2014, RECEIVED AND FILED (350.30)
5. RESOLUTION NO. 14-11-18-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONCERNING THE MEASURE M2 EXPENDITURE REPORT
FOR THE CITY OF SAN JUAN CAPISTRANO FOR THE FISCAL YEAR ENDED
JUNE 30, 2014 (820.25)
2 11/18/2014
6. UPDATE OF DEBT MANAGEMENT POLICY, RECEIVED AND FILED (100.20)
7. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
8. ALL BIDS RECEIVED FOR THE SIDEWALK CONSTRUCTION ON THE
NORTH SIDE OF VIA POSITIVA WEST OF ALIPAZ STREET AND
INSTALLATION OF A LIGHTED CROSSWALK ON CAMINO DEL AVION AT
AVENIDA DESCANSO, PROJECT NUMBER SRTSL-5372(013), REJECTED;
AND STAFF AUTHORIZED TO RE-ADVERTISE AND RECEIVE
CONSTRUCTION BIDS FOR THE SIDEWALK CONSTRUCTION ON THE
NORTH SIDE OF VIA POSITIVA WEST OF ALIPAZ STREET AND
INSTALLATION OF A LIGHTED CROSSWALK ON CAMINO DEL AVION AT
AVENIDA DESCANSO, PROJECT NUMBER SRTSL-5372(013) (600.10)
9. RESOLUTION NO. 14-11-18-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REMOVING "NO STOPPING/PARKING ANYTIME" ON EL
CAMINO REAL;" RESOLUTION NO. 14-11-18-03 ADOPTED ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, TO ADD ON-STREET PARKING FOR A
PORTION OF ORTEGA HIGHWAY, ESTABLISH A REVISED "NO PARKING
ANYTIME" ZONE ON ORTEGA HIGHWAY BETWEEN EL CAMINO REAL AND
DEL OBISPO STREET, AND AMEND RESOLUTION NO. 95-3-21-3;"
RESOLUTION NO. 14-11-18-04 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "THREE HOUR PARKING 6:00 AM - 6:00 PM"
AND "TOW AWAY NO PARKING 3:00 AM - 5:00 AM, EXCEPT WITH VALID
PERMIT IN THE MISSION PROMENADEISWALLOWS INN PARKING LOT AT
31775 EL CAMINO REAL, AND RESCINDING RESOLUTION NO. 96-3-19-31"
RESOLUTION NO. 14-11-18-05 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "FIVE HOUR PARKING 6:00 AM - 10 PM" AND
"TOW AWAY NO PARKING 3:00 AM - 500 AM" IN THE TEXACO PARKING
LOT AT 31756 EL CAMINO REAL, AND RESCINDING RESOLUTION NO.
96-3-19-4;" RESOLUTION NO, 14-11-18-06 ADOPTED ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING "FIVE HOUR PARKING 6:00 AM
- 10:00 PM' AND "TOW AWAY NO PARKING 3:00 AM - 5:00 AM" IN THE
LOVE HOUSE PARKING LOT AT 31811 EL CAMINO REAL, AND
RESCINDING RESOLUTION NO. 95-1-3-2;" RESOLUTION NO. 14-11-18-07
ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING"`FIVE HOUR
PARKING 6:00 AM - 10:00 PM" AND "TOW AWAY NO PARKING 3:00 AM -
5:00 AM" IN THE ESLINGER PARKING LOT AT 31857 EL CAMINO REAL, AND
RESCINDING RESOLUTION NO. 97-2-4-6." (570.10)
3 11/18/2014
10. RESOLUTION NO. 14-11-18-08, ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, MAKING FINDINGS RELATED TO THE CITY'S PRIOR
APPROVAL OF THE ORANGE COUNTY FIRE AUTHORITY'S SECOND
AMENDMENT TO THE AMENDED JOINT POWERS AUTHORITY
AGREEMENT" (600.50)
11. UPON THE RECEIPT FOR PAYMENT OF $73,089 FOR THE OUTSTANDING
ADMINISTRATIVE CITATION FINES UNDER THE NAME OF LV PACIFIC
POINT LLC AS FOLLOWS: 1) ORIGINAL AMOUNT OF OUTSTANDING
ADMINISTRATIVE CITATIONS - $13,500; 2) CONSUMER PRICE INDEX (CPI)
ADJUSTMENT AMOUNT - $1,478; TWO PERCENT (2%) OF THE ACTUAL
OUTSTANDING CITATION AMOUNT AS OF NOVEMBER 13, 2014
($2,905,539), AS ADMINISTRATIVE COST OF THE CITY - $58,111; THE
CHIEF FINANCIAL OFFICER/CITY TREASURER AUTHORIZED TO REMOVE
$2,832,450 OF REMAINING PENALTIES (450.20)
12. RESOLUTION NO. 14-11-18-09 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING RESOLUTION NO. 14-06-23-06, THE CITY'S
CLASSIFICATION AND COMPENSATION PLAN" (ADDING MAINTENANCE
MECHANIC JOB CLASS TITLE) (700.20)
13. FIVE-YEAR LICENSE AGREEMENT WITH ORTEGA EQUESTRIAN CENTER
(OTRA, INC.) TO CONDUCT EQUESTRIAN STABLE AND PASTURE
OPERATIONS AT CITY-OWNED PROPERTY AT A RATE OF $250 PER
MONTH WITH 25% OF ALL REVENUES FOR CITY SPONSORED PROGRAM
(APN 666-232-08), APPROVED (600.30)
Cathy Salcedo, Executive Services Manager, provided an agenda report and
responded to questions.
® Public Comments: Sara Shelton, City resident (provided pictures); Aliza Holt,
City resident; Roma Sinacori, City resident; Bylan Breneman, Laguna Hills
resident; Ginny Kerr, City resident; Shelly Barker, City resident; Kim Lefner,
City resident; Kim McCarthy, City resident; Mark Hedgpeth, Equestrian
Coalition of Orange County; Mark Bodenhamer, San Juan Capistrano
Chamber of Commerce; Clint Worthington, City resident (provided handout);
and, Loraine Mullen-Kress, Laguna Beach resident.
The following individuals were present and expressed support for the
agreement: Deedee Gates, City resident; Cathi Jooyan, City resident; Janice
Posikoff, Laguna Beach resident; Katherine Fertig, Irvine resident, Nathaire
Manning, Dana Point resident; John Berney, Dana Point resident, Chrissy
Kogers, Mission Viejo resident; Christina Kelsey, City resident; Tawny Canfield;
Lauren Dendiu; Alessandro Choccitetti; Nancy Loskill; Denise Choccitetti; Tom
Loskill, San Clemente resident; Morlon Irvine Smith, City resident; Cynthia
Neitzke, City resident; Casen Buller, Laguna Hills resident; Rob Gaye; Carol
Caddes, City resident, Greg Mech, City resident; Chrissy Rogers, Mission Viejo
4 11/18/2014
resident; Tim Denries, City resident; Celeste Layatho, City resident; Mathew
Cove, City resident; Linda France, City resident; Roger France, City resident;
David Thorman, Laguna Niguel resident; Joanne Thorman, Laguna Niguel
resident; Kathleen Brennan, City resident; David Reffs, City resident; Robin
Sertass, Encinitas resident; Bruce Carlson, Encinitas resident; Chris Teng, City
resident; Made Braun, City resident; Amber Gonzalez, Ladera Ranch resident;
Samantha Walker, City resident; Kelly lhde, City resident; Patty Wallace, San
Clemente resident; Aja Howard, Dana Point resident; Kristin Young, Laguna
Niguel resident; Brian Shaub, City resident; Erin Heintel, City resident; Reagan
Pierce, Dana Point resident; Hailey Groover, San Clemente resident, Shelby
Kearns, San Clemente resident; Duane Saper, City resident; Cassidy Wallace;
Kelly Gonzalez, Ladera Ranch resident; Jode Joyce, Laguna Hills resident;
Michele Takata, San Clemente resident; Jerry Kearns, San Clemente resident;
Julie Robinson, Dana Point resident; Sean Patrick Brady, Dana Point resident;
Stephanie Smith, Ladera Ranch resident; Tiffany Herzog, City resident, Patricia
Nelson, City resident; Karen Cunningham, City resident; Grace Miane, City
resident, Colleen Pierce, Dana Point resident; Sharon Wood, Mission Viejo
resident; Vicki Hoover, Dana Point resident; Lynda Lane, City resident; Merrilee
Watkins, City resident; Cynthia Forrest, City resident; Jessica Sporanga, Dana
Point resident; Sandy Francis, Aliso Viejo resident; George Francis, Aliso Viejo
resident; Jim Verbeerst, City resident; Joe Lifto, City resident; Elizabeth Deal;
Jordyn McClintock, Tray Stansbury; Mark Secor; Susan Kohn; Nina Leone,
Gretchen Verbeerst, City resident; Kelly Meredith, Laguna Beach resident; Kim
Crawford, San Clemente resident; Julie Manning, City resident; Kathryn Pulford;
Teri Heuberger, City resident; Susan Hewit, City resident; Sherry Clifton; Toni
Harmon, City resident; David Reed, City resident; Zena Cooper, City resident;
Linda Stites, City resident; Auburn Excell Brady, City resident; Cheryl Pattillo,
Laguna Niguel resident, Maggie Hayes, Laguna Hills resident; Connie Vermulen,
City resident; Makenna Grierson, Laguna Beach resident; Susan Stansbury, City
resident; Claudia Sommers Marks, Newport Beach resident; Scott Grierson, City
resident; Gwen Grierson, City resident; Echo Casale, Trabuco Canyon resident;
Holly Weiland, City resident; Michelle Von Urff, City resident; Kenneth Ululler,
Laguna Beach resident; Dorothy Baylis, City resident; L.W. Kerr, City resident;
Kathleen Fitzpatrick, Aliso Viejo resident; Debbie Williams, City resident; Anna
Dickinson, City resident; Cheryl Baker, City resident; Paul McHugh, City resident;
Hounsje McHugh, City resident; Nathalie Manning, Dana Point resident; Chrissy
Kogers, Mission Viejo resident; Christina Carter, San Clemente resident; and,
Erin Dollar, San Clemente resident.
Council Action: Moved by Council Member Taylor, seconded by
Mayor pro tem Kramer, and carried 4-1 with Council Member Reeve opposed to
approve a five-year License Agreement with Ortega Equestrian Center (OTRA,
Inc.) to conduct equestrian stable and pasture operations at City-owned property,
APN 666-232-08, at a rate of $250 per month and 25% of revenues for
City-sponsored programs.
5 11/18/2014
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
14. RIDING PARK MANAGEMENT AGREEMENT FOR CALENDAR YEARS 2015
AND 2016, APPROVED; AND MAYOR AUTHORIZED TO SIGN THE
AGREEMENT ON BEHALF OF THE CITY (600.30)
Hans Van Ligten, City Attorney, provided an agenda report and responded to
questions.
• Public Correspondence: Due to the high volume of correspondence
received, correspondence is kept and is also available as correspondence
to the Agenda Report on the City's website.
• Public Comments: Robert Ridland, Irvine resident and Applicant; Roy
Chevailier, City resident; Lisa Lawrence, City resident; Shelly Barker, City
resident; Andrew Torok, City resident; Matthew Timmes, City resident;
Clint Worthington, City resident; Kim Lefner, City resident; Kim McCarthy,
City resident; and, Mike Johnson, City resident.
The following individuals were present and expressed support for the
agreement: Barbara Mitchell, San Clemente resident; Tim Losriel, San
Clemente resident; Allen Horn, City resident; Lauren Horn, City resident; Denise
Choccitetti, City resident; Liz Kramer, City resident; Beatrice Rosenbo, Laguna
Beach resident; Sophia Roundree, Laguna Niguel resident; Cherylin Von
Aldenbruck, Mission Viejo resident; Paige Dendiu; John Belney, Dana Point
resident; Judie Montes, Dana Point resident; Melanie Scullin, City resident;
Tawney Canfield, Laguna Beach resident; Lauren Dendiu, City resident;
Alessandro Chiocchetti, Laguna Beach resident; Nancy Loskill, San Clemente
resident; Renee Breneman, Laguna Hills resident; Cheryl Beliringer, Laguna Hills
resident; Liz Paris, Laguna Beach resident; Marianne Smith, City resident; Marc
Hedgeth, Equestrian Coalition of Orange County; Janice Posnikoff, Laguna
Beach resident; Katherine Fertig, Irvine resident; Melissa Alsys, Laguna Niguel
resident; Cassie Cherry, Ladera Ranch resident; Loraine Mullen-Krass, Laguna
Beach resident; Christopher Perrin; Cabrieia Pattinson; Evan Pollack, Laguna
Hills resident; Steve Pollack, Laguna Hills resident; Julie Kusturee, Mission Viejo
resident; Lorraine Tatham, City resident; Hansje McHugh, City resident; Paul
McHugh, City resident; Michael Muluihill, City resident; Sandra Benger, City
resident; Karen Ball, Coto de Casa resident; Manehe Idris, Mission Viejo
resident; Safwat Idris, Mission Viejo resident; Paige Dendiu, City resident; Rob
Gage; Susan Schectman; David Thorman, Laguna Niguel resident; Joanne
Thorman, Laguna Niguel resident; Ellen Gates, City resident; Max Well, City
resident; Kayla Buechner, San Clemente resident; Carly Louter, Laguna Niguel
resident; Emily Roy, Laguna Niguel resident; Kristen Wilkinson, San Clemente
resident; Reed Huyette, City resident; Louie Camacho, City resident; Lisa
Takada, Newport Coast resident; Anna Dickinson, City resident; Dorothy Baylis,
6 11118/2014
City resident; Cheryl Baker, City resident; Christine Staggs, Laguna Niguel
resident; Kathleen Fitzpatrick, Aliso Viejo resident; Hallie Cyrah, City resident;
Debbie Williams, City resident; Gwen Grierson, City resident; Maenna Grizrson,
Laguna Beach resident; Echo Casale, Trabuco Canyon resident; Michelle Von
Urff, City resident; Scott Grierson, City resident; Holly Weiland, City resident;
Kenneth Vluther, Laguna Beach resident; Claudia Sommers-Marks, Newport
Beach resident; Linda Stites, San Juan resident; Susan Howit, City resident;
Auburn Excell Brandy, City resident; Sherry Clifton; Cheryl Pattillo, Laguna
Niguel resident; Toni Harmon, City resident; Robin Serfass, Encinitas resident;
Bruce Carlson, Encinitas resident; Brian Schaub, City resident; Samantha
Walker, City resident; Erin Hunte[, City resident; Chris Tenz, San Clemente
resident and San Juan Capistrano Equestrian Coalition; Greg Meck, City
resident; Chriss Rogers, Mission Viejo resident; Paul Buller, Laguna Hills
resident; Anne McGraw; Jonelle Ramsey, Yorba Linda resident; Jackie Lafave,
City resident; Brandee Beattie; City resident; N. Brent Hicks, Mission Viejo
resident; Diane Carter; Humberto Quiratz, Del Mar resident; Annika McGraw,
Laguna Beach resident; Anne Ghrist, Del Mar resident; Isabella Regis, Coto de
Caza resident; Kim Regis Coto De Caza resident, Brian Vermeulen, City
resident; Kristen Barreto, City resident; Leslie Davis; Brooke Carter; David Reed,
City resident; Connie Vermeulen, City resident; Zena Cooper, City resident; Tray
Stansbury, City resident; Susan Stansbury, City resident; Mark Secor, City
resident; Jessica Sperange, Dana Point resident; Sandy Francis, Aliso Viejo
resident; Susan Kohn, Newport Beach resident; George Francis, Aliso Viejo
resident; Nino Leone, City resident; Gretchen Verbeerst, City resident; Jim
Verbeerst, City resident; Kelley Meredith, Laguna Beach resident; Kim Crawford,
San Clemente resident; Christina Carter, San Clemente resident; Julie Manning,
City resident; Joe Lifto, City resident; Michele Takata, San Clemente resident;
Hailey Groover, San Clemente resident; Reagan Pierce, Dana Point resident;
Jode Joyce, Laguna Hills resident; Colleen Pierce, Dana Point resident; Cynthia
Forrest, City resident; Grace Maine, City resident; Merrilee Wathkins, City
resident; Karen Cunningham, City resident; Lynda Lane; Vicki Hoover, Dana
Point resident; Patricia Nelson, City resident; Tiffany Herzog, City resident;
Sharon Wood, Mission Viejo resident; Jordyn McClintock, Trabuco Canyon
resident; Terri Heuberger, City resident; Elizabeth Deal; Jerry Kearns, San
Clemente resident; Shelby Kearns, San Clemente resident, Kathryn Pulford;
Maggie Hayes, Laguna Hills resident; Kristen Young, Laguna Niguel resident;
Kathleen Brennan, City resident; David Reffs, City resident; Aja Howard, Dana
Point resident; Patty Wallace, San Clement resident; Roger France, City
resident; Kelly lhde, City resident; Linda France, City resident; Matthew Love,
City resident; Macie Braun, City resident; Celeste Loyatho, City resident; Jackie
Mitchey, City resident; Tim DeVries, City resident; Amber Gonzalez, Ladera
Ranch resident; Stephanie Smith, Ladera Ranch resident; Kelly Gonzalez,
Ladera Ranch resident; Julie Robinson, Dana Point resident; Duane Soper, City
resident; Sean Patrick Brady, Dana Point resident; Cassidy Wallace; Diane
Carter; Jeanna Peveal-Bourcler, San Clemente resident; Carol Caddes, City
resident, Kathy Holman, City resident; and, Lynn Sporrer, City resident.
7 11/18/2014
The following individuals were present and expressed opposition for the
agreement: Donna Fleming, City resident; and, Morton Irvine Smith, City
resident.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Taylor, and carried 4-1 with Council Member Reeve opposed to
approve a Riding Park Management Agreement for calendar years 2015 and
2016; and the Mayor authorized to execute the Agreement on behalf of the City.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
PUBLIC HEARINGS:
1. Consideration of a Mitigated Negative Declaration (MND), Historic Town Center
Master (NTC) Plan Amendment, Tentative Tract Map (TTM) 17626, Conditional
Use Permit 13-08, Architectural Control (AC) 13-23, Grading Plan Modification
(GPM) 13-03, Tree Removal Plan, HTC Form Based Code Administrative
Modifications, Urban Village (San Juan Hotel & Villas); A Proposed Mixed Use
Project Including Commercial-Retail Uses, Hotel Use, and Residential Uses
on a 3.17 Acre Parcel Located at 31882, 31878, and 31872 Camino
Capistrano (Assessor Parcel Numbers: 124--160-37, 51, and 52) (Urban Village)
(420.401460.70/410.60)
e Public Correspondence: Due to the high volume of correspondence
received, correspondence is kept in the City Clerk's Office and is also
available as enclosures to the Agenda Report on the City's website.
Charles View, Development Services Director, provided a PowerPoint
presentation and responded to questions.
Josh Host, Applicant — Urban Village, 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 of the project: Josh Host,
Urban Village and Applicant, Michael Shonafelt, Newmeyer & Dillon and
Applicant; Tina Anciair, City resident; Tracy Weintraub, City resident; Larry
Thomas, City resident; Ricardo Beas, City resident; Don Tryon, City
resident; Grant McPhail, San Clemente resident; David Wood, Newport
Beach resident; Brett Shaves, Irvine resident; Rich Heimann, Mission
Viejo resident; Leonard Newman, City resident; Mark Bodenhamer, San
Juan Capistrano Chamber of Commerce; David Ewing, City resident; Ann
Ronan, City resident; Steve Oedekerk, City resident; Chuck Krolikowski,
8 11/18/2014
Irvine resident; Tom Scott, Camino Real Playhouse; Beverly Blake,
Camino Real Playhouse; Tawny Caufield; Mary Crawford, City resident; H.
Ace Villagranda, Mission Viejo resident; Josh Salik, Strides SCI Functional
Fitness; Tom Solazzo, City resident; Michelle Shave, City resident; Will
Ralph, City resident; Matthew Timmes, City resident; Charlotte Anderson,
City resident; Barry Heatherley, City resident; John Gillotti, City resident;
Jonathan Volzke, City resident; Molly Cyula, City resident; Steve
Behmerwohld, City resident; David S, City resident; Cindy Fleming, Dana
Point resident; John Campbell, City resident, Andrew Wood, Newport
Beach resident; Jesse Stein, San Francisco resident; Geoff Sumich, City
resident; and, Monica Mukai, City resident.
The following individuals spoke in opposition to the project: Thomas
Ahern, City resident; Clint Worthington, City resident; Mike Johnson, City
resident; Jennifer Green, Aliso Viejo resident; Eva Crabbs, City resident;
and, Rob Williams, City resident.
Council Action: Moved by Council Member Reeve, seconded by
Mayor pro tem Kramer, and carried unanimously to make public the second
opinion letter dated November 18, 2014, from Kevin G. Ennis,
Richards/Watson/Gershon, Attorneys at Law regarding the consistency of the
proposed San Juan Hotel and Villas Project with the San Juan Capistrano
General Plan.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Taylor, and carried 3-2 with Council Member Byrnes and
Council Member Reeve opposed to the proposed San Juan Hotel and Villas
Project being consistent with the General Plan.
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
Council Member Reeve made a motion to adopt a resolution denying the
Historic Town Center Plan Amendment, Tentative Tract Map 17626, Conditional
Use Permit 13-08, Architectural Control 13-23, Grading Plan Modification 13-03,
Tree Removal Plan, HTC Form Based Code Administrative Modifications for the
proposed Urban Village (San Juan Hotel & Villa); with the caveat that the one
(1) year limitation be waived for resubmittal of the project application, but the
motion failed for a lack of a second.
Council Member Taylor made a motion to adopt a resolution (1) adopting a
Mitigated Negative Declaration (MND); (2) conditionally approving Tentative
Tract Map (TTM) 17626, Conditional Use Permit (CUP) 13-08, Architectural
Control (AC) 13-23, Grading Plan Modification (GPM) 13-03, Tree Removal
Plan, and HTC Form Based Code administrative modifications to the "TC" (Town
Center) Zone District's standards to allow a third story mezzanine for
9 11/1812014
residential structures and to allow for a reduced rear yard setback for the
residential structures located along the private street; and (3) approving the
request for a HTC Form Based Code administrative modification to the "TC"
(Town Center) Zone District's standards to reduce the hotel parking standard
from 1.0 to 0.8 spaces per guest room; and to eliminate Plan 7 of Building 1, but
the motion failed for a lack of a second.
Council Action: Moved by Council Member Taylor, seconded by
Mayor pro tem Kramer, and carried 4-1 with Council Member Reeve opposed to
adopt RESOLUTION NO. 14-11-18-10 (Provided by the Applicant as Enclosure 2
to the Agenda Report, with Exhibits A, B & C provided in the Agenda Report)
adopted entitled "A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, (1) ADOPTING A MITIGATED
NEGATIVE DECLARATION (MND); (2) CONDITIONALLY APPROVING
TENTATIVE TRACT MAP (TTM) 17626, CONDITIONAL USE PERMIT (CUP)
13-08, ARCHITECTURAL CONTROL (AC) 13-23, GRADING PLAN
MODIFICATION (GPM) 13-03, TREE REMOVAL PLAN, AND HTC FORM
BASED CODE ADMINISTRATIVE MODIFICATIONS TO THE "TC" (TOWN
CENTER) ZONE DISTRICT'S STANDARDS TO ALLOW A THIRD STORY
MEZZANINE FOR RESIDENTIAL STRUCTURES AND TO ALLOW FOR A
REDUCED REAR YARD SETBACK FOR THE RESIDENTIAL STRUCTURES
LOCATED ALONG THE PRIVATE STREET; AND (3) APPROVING THE
REQUEST FOR A HTC FORM BASED CODE ADMINISTRATIVE
MODIFICATION TO THE "TC" (TOWN CENTER) ZONE DISTRICT'S
STANDARDS TO REDUCE THE HOTEL PARKING STANDARD FROM 1.0 TO
0.8 SPACES PER GUEST ROOM;" with modifications to the approval of the
project referencing the 15 foot walkway/path with landscaping between Lots 5 and
6, and including the interpretation that the setback is been measured building to
building as proposed by the Applicant.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
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.
10 11/18/2014
ADJOURNMENT:
There beim no further business Mayor Allevato adjourned the meeting at 3:03 a.m. on
November 19, 2014, to Tuesday, December 2, 2014, at 5:00 p.m. for Closed Session,
and 6°Gp p.m. for the public Business Session, in the City Council Chamber.
Re pe ff 11` submitted,
All
AR,[A- R S, CITYOLEFA)
Approved: December 2, 2014
ATTEST:
DEREK REEVE, MAYOR
11 1111812014