13-0402_CC_Minutes_Regular MeetingMINUTES
APRIL 2, 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 6:08 p.m. in the City Council Chamber.
Mayor pro tem Allevato led the Pledge of Allegiance and Council Member Kramer 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.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Council Member Reeve
announced that he recused himself from Closed Session item A, due to a business
partnership with the President of the Capistrano Tax Payers Association. Mayor Taylor
announced that he recused himself from Closed Session item C, due to the proximity of
this item to his residence.
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:
• 1111 Marine Battalion meeting.
• Municipal Water District of Orange County meeting.
• South Orange County Reliability meeting.
• South Orange County Desalination meeting.
• Meeting with Rancho Mission Viejo.
• Committee for Sustainability and the Environment Meeting.
• Water Advisory Committee of Orange County meeting.
• Medal of Valor Recognition Ceremony with the Orange County Sheriff's Department.
• Fiesta Association's Swallow's Day Parade.
• Boy Scout Troop 787 Eagle Court of Honor Ceremony.
• Economic Preservation (1-5 Ortega Interchange Project) Sub -Committee meeting.
• San Juan Hills High School Ribbon Cutting for 1st Track Meet.
• South Orange County Association of Mayor meeting
• Fiesta Association's Hoosegow Day festivities.
• Meeting with Allison Hickey, Executive Director for American Diabetes Association.
• Meeting with Dave Richardson, Public Information Officer from Caltrans District 12.
• Meeting regarding the Harrison House/Parra Adobe.
• Orange County Fire Authority Board of Directors meeting.
• Transportation Corridor Agencies meetings (Foothill, Eastern & San Joaquin Hills
Transportation Corridors).
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; Bob Cardoza, Design Review
Committee; Ronald Denman, Kathy Hooper and Steve Behmerwohld, Parks,
Recreation and Senior Services Commission; Janet Siegel, Cultural Heritage
Commission; and Rob Williams, Planning Commission.
2. PRESENTATION REGARDING EMERGENCY RESPONSE OPTIONS DURING
I-5/0RTEGA HIGHWAY INTERCHANGE IMPROVEMENT PROJECT
(520.201800.20)
Public Comments: Ian Smith, City resident.
ORAL COMMUNICATIONS:
• Eric Groos, City Resident; Bill Odelson, Paper Annex Store Business Owner
(provided Petition Supporting opening of El Horno Street); Joel Peshkin,
City resident; Tatiana Rivera, City resident; Loreno Porricelli, Regency Theatres;
Jeff Davis, Ecology Center; Kim McCarthy, City resident; Bonnie Holt, City resident;
Ian Smith, City resident; and Mark Speros, City resident.
CONSENT CALENDAR;
Council Action: Moved by Council Member Reeve, seconded by Council Member
Byrnes and carried unanimously to approve consent calendar items 1 through 10 as
recommended by staff with Council Member Reeve and Council Member Byrnes
opposed to consent Calendar 9.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF MARCH 19, 2013,
APPROVED.
3. CHECK REGISTER FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED MARCH 7, 2013, TO MARCH 21, 2013; PAYROLL (DIRECT
DEPOSITS) DATED MARCH 15, 2013; AND PAYROLL (CHECKS) DATED
MARCH 21, 2013, RECEIVED AND FILED (300.30)
4. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED FEBRUARY
28, 2013, RECEIVED AND FILED (350.30)
5. FISCAL YEAR 2011-12 ABANDONED VEHICLE ABATEMENT PROGRAM
AUDIT REPORT, RECEIVED AND FILED (310.50)
2 4/212013
6. FISCAL YEAR 2011-12 TRANSPORTATION DEVELOPMENT ACT AUDIT
REPORT, RECEIVED AND FILED (310.50)
7. NEW DEVELOPMENT APPLICATION STATUS, RECEIVED AND FILED
(440.10)
8. AMENDMENT TO CITY COUNCIL POLICY NO. 121, WALL OF RECOGNITION
TO EXCLUDE THE DEFINED DATE FOR SUBMITTALS OF NOMINATIONS,
APPROVED (610.30)
9. PERSONAL SERVICES AGREEMENT AWARDED TO BRENNTAG PACIFIC,
INC. FOR THE PURCHASE OF AQUEOUS AMMONIA 19%, CORROSION
INHIBITOR, HYDROGEN PEROXIDE 50%, SODIUM PERMANGANATE 20%,
SODIUM HYPOCHLORITE 12.5% FL, CITRIC ACID 50%, SODIUM
HYDROXIDE 50%, AND SODIUM BISULFITE 25% THAT WILL TERMINATE
ON DECEMBER 31, 2013, WITH THREE ONE YEAR OPTIONS, AND NOT TO
EXCEED THE ADOPTED AND AMENDED BUDGET; AND PERSONAL
SERVICES AGREEMENT AWARDED TO KING LEE TECHNOLOGIES FOR
THE PURCHASE OF ANTISCALANT THAT WALL TERMINATE ON DECEMBER
31, 2013, WITH THREE ONE YEAR OPTIONS, AND NOT TO EXCEED THE
ADOPTED AND AMENDED BUDGET; AND, PERSONAL SERVICES
AGREEMENT AWARDED TO UNIVA USA„ INC. FOR THE PURCHASE OF
SODIUM HYPOCHLORITE 12.5% FL, CITRIC ACID 50%, SODIUM
HYDROXIDE 50%, AND SODIUM BISULFITE 25% THAT WILL TERMINATE
ON DECEMBER 31, 2013, WITH THREE ONE YEAR OPTIONS, AND NOT TO
EXCEED THE ADOPTED AND AMENDED BUDGET; AND, PURCHASE OF
$350,317.50 IN CHEMICALS FROM BRENNTAG PACIFIC, INC., $60,074.07 IN
CHEMICALS FROM KING LEE TECHNOLOGIES, AND $52,104.46 FROM
UNIVAR USA, INC. DURING FISCAL YEAR 2012-2013, RATIFIED (600.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve, Byrnes
ABSENT: COUNCIL MEMBER: None
10. MAYOR AUTHORIZED TO CAST THE VOTE FOR THE CITY AND SIGN THE
MAIL BALLOT FOR THE LEAGUE OF CALIFORNIA CITIES BY-LAWS (140.20)
11. AMENDMENT EXTENDING THE LICENSE AGREEMENT UNTIL DECEMBER
6, 2013, WITH THE JUANENO BAND OF MISSION INDIANS FOR USE OF A
PORTION OF THE LACOUAGUE BUILDING (ROOM 3) ® ITEM CONTINUED
TO A FUTURE MEETING (600.30)
Cynthia Alexander, Acting Community Services Director, provided an agenda
report and responded to questions.
3 4/212013
Public Comments: Teresa Romero, Juaneno Band of Mission Indians; Ruth
Stoffel, Tribal Council; Kim Leone, Juaneno Band of Mission Indians, Heidi
Harper Perez, Juaneno Band of Mission Indians; and Jackie Nunez, Juaneno
Band of Mission Indians.
Moved by Council Member Byrnes, seconded by Mayor pro tem Allevato and
motion withdrawn to approve the Amendment extending the License Agreement
until December 6, 2013, with the Juaneno Band of Mission Indians for use of a
portion of the Lacouage Building (Room 3) for an amount of $1,005 per month.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Kramer, and carried 4-1 with Mayor pro tem Allevato opposed to
continue the item and direct staff to bring back an assessment of the financial
implications addressed by the Juaneno Band of Mission Indians.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes Kramer, Reeve and Mayor Taylor
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
12. LICENSE AGREEMENT WITH THE SAN JUAN CAPISTRANO LITTLE LEAGUE
FOR THE USE OF THE CONCESSION STAND AT THE SAN JUAN
CAPISTRANO SPORTS PARK RETROACTIVELY FROM MARCH 2, 2013,
THROUGH AUGUST 11, 2013, APPROVED (600.30)
Public Comments: Kyle Beatty, San Juan Capistrano Little League.
Council Action: Moved by Council Member Taylor, seconded by
Council Member Byrnes, and carried unanimously to approve a License
Agreement with the San Juan Capistrano Little League for the use of the
Concession Stand at the San Juan Capistrano Sports Park retroactively from
March 2, 2013, through August 11, 2013; and removing the $153 per month fee.
PUBLIC HEARINGS:
RESOLUTION NO. 13-04-02-01 ADOPTED, UPHOLDING THE APPEAL OF
ARCHITECTURAL CONTROL (AC) 12-018, THEREBY APPROVING A 25 -
FOOT TALL FREE-STANDING MONUMENT SIGN ON THE TUTTLE-CLICK
CAPISTRANO FORD DEALERSHIP PROPERTY LOCATED AT 33301 CAMINO
CAPISTRANO (APN 668-121-11 & 14) (TUTTLE-CLICK CAPISTRANO FORD)
David Contreras, Senior Planner, provided a staff report and responded to
questions.
Mayor Taylor opened the public hearing and invited testimony.
Public Testimony: Rob Williams, City resident; Ken Friess, representing
Tuttle -Click Capistrano Ford.
Mayor Taylor closed the public hearing.
4 4/2/2013
Council Action: Moved by Council Member Reeve, seconded by
Council Member Kramer, and carried unanimously to adopt Resolution
No. 13-04-02-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, UPHOLDING THE APPEAL
OF ARCHITECTURAL CONTROL (AC) 12-018, THEREBY APPROVING A 25 -
FOOT TALL FREE-STANDING MONUMENT SIGN ON THE TUTTLE-CLICK
CAPISTRANO FORD DEALERSHIP PROPERTY LOCATED AT 33301 CAMINO
CAPISTRANO (APN 668-121-11 & 14) (TUTTLE-CLICK CAPISTRANO FORD)."
2. RESOLUTION NO. 13-04-02-02 ADOPTED APPROVING THE PROPOSED
ACCESSORY SHADE STRUCTURES, ACCESSORY COVERED
STRUCTURES, ACJACHEMEN KIICHA (REED HUT), FOSSIL SANDBOX, AND
FOSSIL "DIG AREA;" MOTION TO DENY APPEAL AS TO DINOSAUR
STATUTE FAILS FOR LACK OF A MAJORITY VOTE; AND, MOTION TO
SUSTAIN APPEAL AS TO DINOSAUR FAILS FOR LACK OF A MAJORITY
VOTE (ZOOMARS) (CAROLYN FRANKS)
Mayor Taylor recused himself due to proximity to his residence and left the
Council Chamber. Mayor pro tem Allevato took control of the meeting.
Bill Ramsey, Assistant Development Services Director, provided a PowerPoint
presentation and responded to questions.
• Public Correspondence:
The following individuals submitted correspondence in support: Coleen
Barker, City resident; Steve Nordeck, Mission Promenade; Charlene
Donnelly, City resident; William Vogeler, Gruenbeck & Vogeler; Heidi, City
resident; Tim Rahall, Ernst & Young, LLP; Ross Toney, City resident; Emily
Barton, City resident; Elfrieda Tullar, Florida resident; Buffington Family, City
resident; Lilian, City resident; Amberly Petty, City resident; Alissa Meads
Lipking, City resident; Amy Drust, City resident; Joanne Marquez, City
resident; Michael Palmer, City resident; Nancy Ingham, Capistrano Beach
resident; Anne Hughitt, City resident; Barbara Pappe, City resident; Jan
Oldfield; City resident; Peter Cabral, City resident; Jane Lewis, City resident;
Tatum, Arizona resident; Mary, City resident; Pat Shaw, City resident; Mark
Wyland, 28th District Senator; Larry Thomas, City resident; Joan Parker, City
resident; Wayne Schrimp, City resident; John Gillotti, City resident; Rhonda
deHaan, City resident; Quincey Trigillo, City resident; Michelle Bode, City
resident; Cindy Ritter, City resident; Angela Oldfield, City resident; Celeste
Clausen, JLC Inspections, Inc; Anonymous, City resident; and, Diane
Harkey, 73rd District Assemblywoman.
The following individuals submitted correspondence in opposition: Penny
Tryon, City resident; Linda Nieblas Freeman, City resident; PJ Douglas, City
resident; Capistrano Historical Alliance Committee; Judith Nieblas Solis, City
resident; Ilse Byrnes, City resident; Cameron Grenier, City resident; Wes
Bradford, City resident and, Janice Nieblas, City resident.
5 4/2/2013
Mayor pro tem Allevato opened the public hearing and invited testimony.
Public Testimony:
The following individuals spoke in support: Nancy Ingham, Capistrano Beach
resident; Chase Michael, City resident; Matt Douraghi, City resident; Mark
Bodenhamer, San Juan Capistrano Chamber of Commerce; Erin Kutnick, City
resident; Wednesday Matula, Aliso Viejo resident; Mark Patton, Mission Viejo
resident; Pamela Schuler, Dana Point resident; Joellen Melendez, City
resident; Davina Stein, City resident; Gerala Gamble, City resident; Nina
Leone, City resident; Joel Peshkin, City resident; Whitney Florian, City
resident; Dusty Otero, City resident; Tom Scott, City resident; Wayne Schrimp,
City resident (provided a petition to support the Dinosaur statue); Jackie
Nunez, City resident; John Fischle, Dana Point resident; Corinne Chan, Dana
Point resident; David Sculner, City resident; Randi Peshkin, City resident;
Steve Behmerwohld, City resident; Ken Friess, City resident; and, Elizabeth
Ortiz, City resident.
The following individuals spoke in opposition: Michelle Kelly, City resident;
Stephen Rios, City resident; Warren Siegel, City resident; Jerry Nieblas, City
resident; Don Tryon, City resident; Jan Siegel, City resident; Gary Meeker,
City resident; Rob Williams, City resident; Lorie Porter, City resident; and,
Linda Ivanov, Dana Point resident.
Mayor pro tem Allevato closed the public hearing.
Council Action: Moved by Council Member Kramer, seconded by
Mayor pro tem Allevato, and carried 4-0 with Mayor Taylor recused, to adopt
Resolution No. 13-04-02-02 conditionally approving the proposed accessory
shade structures, accessory covered structures, Acjachemen kiicha (reed hut),
fossil sandbox and fossil "dig area."
ROLL CALL:
AYES:
COUNCIL MEMBER: Byrnes, Kramer, Reeve and Mayor pro tem Allevato
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Mayor Taylor
Council Motion: Moved by Council Member Byrnes, seconded by
Council Member Reeve, and motion failed 2-2 with Council Member Kramer and
Mayor pro tem Allevato opposed and Mayor Taylor recused to determine that the
non -conforming Apatosaurus (dinosaur) statue is substantially inconsistent with
Los Rios Specific Plan's, Historic Commercial Zone District land use provisions,
and to approve a resolution denying the Apatosaurus (dinosaur) statue.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes and Reeve
NOES: COUNCIL MEMBER: Kramer and Mayor pro tem Allevato
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Mayor Taylor
6 4/2/2013
Council Motion: Moved by Council Member Kramer, seconded by Mayor pro
tem Allevato, and motion failed 2-2 with Council Member Reeve and Council
Member Byrnes opposed and Mayor Taylor recused to determine that the
non -conforming Apatosaurus (dinosaur) statue is substantially consistent with
Los Rios Specific Plan's, Historic Commercial Zone District land use provisions;
and to approve a resolution approving the Apatosaurus (dinosaur) statue with a
proviso that the Apatosaurus statue be removed after two years from the date of
the meeting.
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer and Mayor pro tem Allevato
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Mayor Taylor
Hans Van Ligten, City Attorney stated that due to no action being taken as to the
Apatosaurus (dinosaur) statue, the decision of the Planning Commission denying
the application as to the statue stands.
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:
H1. FINANCE SERVICES
a. SUMMARY OF RESTRICTIONS ON USE IN PURCHASE AND SALE
AGREEMENT BY AND BETWEEN RMV COMMUNITY DEVELOPMENT, LLC,
DMB SAN JUAN INVESTMENT NORTH, LLC, AND THE CITY OF SAN JUAN
CAPISTRANO, RECEIVED AND FILED (600.30)
Hans Van Ligten, City Attorney, provided a staff report and responded to
questions.
Public Comments: Kim Lefner, City resident; Melissa Kaffen, City resident; Ian
Smith, City resident; Mark Speros, City resident; Steve Behmerwohld, City
resident; and, Clint Worthington, City resident.
Council Action: Moved by Council Member Kramer, seconded by
Mayor pro tem Allevato, and carried 3-2 with Council Member Byrnes and
Council Member Reeve opposed to receive and file.
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
7 4/2/2013
Council Substitute Motion: Moved by Council Member Byrnes, seconded by
Council Member Reeve, motion failed 2-3 with Council Member Kramer, Mayor
pro tem Allevato and Mayor Taylor opposed to consider this matter at the next
City Council meeting, to create a Mayoral Sub -Committee instructed to
investigate the Purchase and Sale Agreement, consider what options may be
reasonably available (in view of the public comments received), and report back
to the City Council at an appropriate time.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes and Reeve
NOES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
ABSENT: COUNCIL MEMBER: None
ORDINANCES- None.
COUNCILMANIC ITEMS: None.
ADJOURNMENT:
There being no further business Mayor pro tem Allevato adjourned the meeting
at 11: 40 p.m. to Tuesday, April 16, 2013, at 5:00 p.m. for Closed Session, and
6:00 p.m. for a'public Business Session, in the City Council Chamber.
ly;sOmitted,
MARIA"MORRIS, CITY C
Approved: April 16, 2013
8 412!2013