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13-0618_CC_Minutes_Regular MeetingMINUTES JUNE 18, 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 6:46 p.m. in the City Council Chamber. Council Member Kramer led the Pledge of Allegiance and Mayor pro tem Allevato gave the invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Derek Reeve, Larry Kramer, Mayor pro tem Sam Allevato and Mayor John Taylor COUNCIL MEMBERS ABSENT: Roy L. Byrnes M.D. 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: • Freedom Shrine Sub -Committee Meeting. • Transportation Corridor Agencies Meetings (Foothill, Eastern & San Joaquin Hills Transportation Corridors). • 1/11 Marines Activities Meeting. • Metrolink Promotional from Santa Ana to San Juan Capistrano sponsored by Orange County Transportation Authority. • Real Property Sub -Committee Meeting in Regard to Affordable Housing. • Parks, Recreation and Senior Services Interviews. • Wall of Recognition Ceremony. • Open Space, Trails and Equestrian Interviews. • Economic Preservation Sub -Committee Meeting. • Meeting with new Planning Commissioner Evan Chaffee. • Ribbon Cutting Ceremony for Guapas Tapas Restaurant. • Community Trail Ride Organizing Meeting with the Chamber of Commerce. • Lupe Combs Owner and Planning Department staff meeting. • South County Wastewater Authority Meeting. • Doheny Desalinization Project Meetings. • Historical Society Mixer. • St. Margaret's Commencement Ceremony. • Serra High School Graduation. • San Juan Basin Authority Meeting. • San Juan Hills High School Graduation. • Resta Park and Event Center Meeting. • Chamber Lunch Local at Ricardo's Restaurant. S7 INTRODUCTIONS AND PRESENTATIONS: 1. MAYOR PRO TEM ALLEVATO INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Ron Denman, Kathy Hooper and Steve Behmerwohld, Parks, Recreation and Senior Services Commission; Gerald Muir, Parks, Recreation and Senior Services Commission and Youth Advisory Board; and Bob Cardoza, Design Review Committee. ORAL COMMUNICATIONS: None. CONSENT CALENDAR: Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem Allevato, and carried 4-0 with Council Member Byrnes absent to approve consent calendar items 1 through 5, 7 through 13, 15, 16, and 19 as recommended by staff; with Mayor pro tem Allevato abstained from consent calendar item 12; and Council Member Reeve opposed to consent calendar item 13. 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2. CITY COUNCIL MINUTES — REGULAR MEETING OF JUNE 4, 2013, APPROVED. 3. CHECK REGISTER FOR CHECKS AND ELECTRONIC TRANSACTIONS DATED MAY 17, 2013, TO MAY 30, 2013, PAYROLL (DIRECT DEPOSIT) DATED MAY 24, 2013; AND PAYROLL (CHECK) DATED MAY 24, 2013 (300.30) 4. INVESTMENT POLICY FOR THE CITY OF SAN JUAN CAPISTRANO; APPROVED; AND CERTIFICATE OF DEPOSIT ISSUED BY CAPITAL ONE BANK., DATED MAY 8, 2011, AUTHORIZED TO BE HELD TO ITS MATURITY ON MAY 8, 2014 (350.30) 5. FOURTH AMENDMENT TO THE FIVE-YEAR LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE FOR THE PROVISION OF LAW ENFORCEMENT SERVICES WITH THE FOURTH YEAR FINANCIAL OBLIGATION OF $7,550,296 FROM JULY 1, 2013, TO JUNE 30, 2014, APPROVED (600.50) 6. EXHIBIT B TO AGREEMENT FOR PROVISION OF ORANGE COUNTY ANIMAL CARE SERVICES — ANIMAL CARE NOTICE OF INTENT FROM JULY 1, 2013, TO JUNE 30, 2014, FOR AN ESTIMATED AMOUNT OF $97,427, APPROVED (600.50) Tom Bokosky, Human Resources Manager, responded to questions. Public Comments: Ryan Drabek, Director of Orange County Animal Control. 5 2 6/18/2013 Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem Allevato, and carried 4-0 with Council Member Byrnes absent to approve Exhibit B to Agreement for Provision of Orange County Animal Care Services — Animal Care Notice of Intent from July 1, 2013, to June 30, 2014, for an estimated amount of $97,427. ROLL CALL: AYES: COUNCIL MEMBER: NOES: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: Reeve, Kramer, Allevato and Mayor Taylor None Byrnes 7. FIRST AMENDMENT EXTENDING THE LICENSE AGREEMENT FOR TWO YEARS BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND CREER- COMUNIDAD Y FAMILIA FOR USE OF THE STONE FIELD COMMUNITY BUILDING, APPROVED (600.30) 8. RESOLUTION NO. 13-06-18-07 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONCERNING THE STATUS OF THE CIRCULATION ELEMENT AND MITIGATION FEE PROGRAM FOR THE RENEWED MEASURE M (M2) PROGRAM;" AND PUBLIC WORKS DIRECTOR AUTHORIZED TO SUBMIT THE CITY OF SAN JUAN CAPISTRANO'S MEASURE M2 ELIGIBILITY PACKET FOR FISCAL YEAR 2013-2014 TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY (800.60) 9. CONSTRUCTION UPDATE FOR THE SUN RANCH DRAINAGE IMPROVEMENT PROJECT (CIP 11503) WITH SPIESS CONSTRUCTION COMPANY, INC., RECEIVED AND FILED (600.30) 10. ST. PIERRE STORM DRAIN IMPROVEMENTS CONSTRUCTED IN THE CITY OF SAN JUAN CAPISTRANO STORM DRAIN EASEMENT LOCATED AT 31982 PASEO SAGRADO; LOT 21, TRACT 11826, ACCEPTED; AND STAFF AUTHORIZED TO REIMBURSE $35,000, TO THE ST. PIERRE FAMILY TRUST PER THE REIMBURSEMENT AGREEMENT FOR DRAINAGE FACILITIES (CIP 13501) (600.30) 11. PERSONAL SERVICES AGREEMENT WITH 3M INC., TRAFFIC SAFETY & SECURITY DIVISION FOR THE SIGN RETROFLECTIVITY PROGRAM (CIP NO. 11101), IN THE AMOUNT OF $619,000, APPROVED; AND RESOLUTION NO. 13-06-18-08 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE FISCAL YEAR 2012113 CAPITAL IMPROVEMENT PROGRAM BUDGET FOR CAPITAL IMPROVEMENT PROJECT (CIP) 11101 (600.30) 12. PLANS AND SPECIFICATIONS PREPARED BY DUDEK FOR THE RECYCLED WATER CONVERSIONS AT SELECTED HOME OWNERS ASSOCIATIONS (HOAS) AND CITY PARKS; APPROVED; AND STAFF DIRECTED TO ADVERTISE FOR COMPETITIVE BIDS (CIP 13601) (600.30) 3 6/18/2013 Mayor pro tem Allevato abstained due to proximity to his Homeowners Association. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Kramer and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Byrnes ABSTAINED: COUNCIL MEMBER: Mayor pro tem Allevato 13. UPDATE ON THE 2013-2014 SOLID WASTE RATES WITH CR&R, INC.), RECEIVED AND FILED (810.20) ROLL CALL: AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: Byrnes 14. UPDATE ON WATER AND WASTEWATER RATE INCREASE EFFECTIVE JULY 1, 2013, RECEIVED AND FILED (1050.20) Cindy Russell, Chief Financial Officer, responded to questions. 1st Council Action: Moved by Council Member Kramer, seconded by Council Member Reeve, and carried 4-0 with Council Member Byrnes absent to direct staff to bring back at the next City Council meeting an analysis with a recommendation of whether to stand or reduce/rescind the wastewater rate increase. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Byrnes 2"d Council Action: Moved by Council Member Kramer, seconded by Mayor pro tem Allevato, and carried 3-0-1 with Council Member Byrnes absent and Council Member Reeve opposed to receive and filed the update on water and wastewater rate increase, effective July 1, 2013. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Byrnes 15. FOURTH AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH MANAGEMENT PARTNERS TO PERFORM PROFESSIONAL PUBLIC WORKS CONSULTING SERVICES, APPROVED (600.30) 16. FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH MIG-HOGLE-IRELAND TO PROVIDE INTERIM DEVELOPMENT SERVICES DIRECTOR SERVICES, APPROVED (600.30) 4 6/18/2013 7 5 V 17. UPDATE REGARDING BUSINESS LICENSES FOR SPECIAL EVENT PARTICIPANTS, RECEIVED AND FILED (390.60) Cindy Russell, Chief Financial Officer, responded to questions. Public Comments: Randi Peshkin, City resident; Nancy Ingham, City resident; and John Fischle, Dana Point resident. Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member Kramer, and carried 4-0 with Council Member Byrnes absent to receive and file. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Byrnes 18. TWO PROPOSED PLAQUES AND PEDESTAL MONUMENTS WITHIN THE DR. CORTESE DOG PARK IN THE NORTHWEST OPEN SPACE AREA ON CAMINO CAPISTRANO THAT ARE PROPOSED TO BE CONSTRUCTED BY THE SAN JUAN CAPISTRANO OPEN SPACE FOUNDATION AT ITS EXPENSE, APPROVED (920.40) Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem Allevato, and carried 4-0 with Council Member Byrnes absent to approve the two proposed plaques and pedestal monuments within the Dr. Cortese Dog Park in the northwest open space area on Camino Capistrano to be constructed by the San Juan Capistrano Open Space Foundation at its expense. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Byrnes 19. RESOLUTION NO. 13-06-18-09 ADOPTED RESCINDING RESOLUTION NO. 09-08-18-05, AND RESOLUTION NO. 09-08-18-06 FOR THE KOLL SAN JUAN PROJECT (460.20) PUBLIC HEARINGS: 1. RESOLUTION NO. 13-06-18-10 ADOPTED APPROVING AN AMENDMENT TO THE LOS RIOS SPECIFIC PLAN'S "HR" (HISTORIC RESIDENTIAL) ZONE DISTRICT PROVISIONS TO ESTABLISH A "RESIDENTIAL OCCUPANCY EXEMPTION" FOR THE HUMMINGBIRD HOUSE CAFt-LUPE COMBS HOUSE PROPERTY; AND RESOLUTION NO. 13-06-18-11 ADOPTED CONDITIONALLY APPROVING THE PRELIMINARY DESIGN PLANS FOR A PROPOSED BUILDING ADDITION TO THE ACCESSORY STRUCTURE LOCATED AT 31766 LOS RIOS STREET (ASSESSORS PARCEL NUMBER: 121-141-24) (LUPE COMBS HOUSE -HUMMINGBIRD HOUSE CAFt) — PUBLIC HEARING CONTINUED TO JULY 16, 2013 (460.20) 5 6/18/2013 • Public Correspondence: Fifty four (54) letters of support submitted by the applicant; Phil Schwartze, The PRS Group; Samuel Keener, City resident; Pamela King, City resident; Nathan Banda, City resident; Jerry Nieblas and Janice Pickartz, Capistrano Historical Alliance Committee; Emilie Simard; Mallorry Douraghi, City resident; David Lobo Avitia, City resident; Cheryl Kaysen, Dana Kaysen, Carol Carlsen, and Charles Carlsen, City residents; Jeff Vsquez, City resident; Mark Bodenhamer, Chamber of Commerce; Harrison Taylor, City resident; Michael P. Palmer, City resident; Mathew Douraghi and Whitney Florian, City residents; Kim Olivares Leone, City resident; Bill Hardy, City resident; Dave Hutchins, City resident; David G. Bachelder, City resident; Iraj Douraghi, City resident; Edna Olivares, City resident; Carolyn Franks, City resident; Maximo Guttierez, City resident; J. Mike Reed, City resident; Dave and Mary Ann Davidson, City residents; Tom Scott, City resident; Don Tryon, City resident; Vicki Carabini, City resident; and John Q. Humphreys, City resident. Mayor Taylor recused himself and stepped down from the dais due to proximity of the project to his residence. Mayor pro tem Allevato took control of the meeting. Bill Ramsey, Assistant Development Services Director, provided a PowerPoint. presentation and responded to questions. Mayor pro tem Allevato opened the public hearing and invited testimony. • Public Testimony: The following individuals spoke in favor: Chuck Krolikowski, Newmeyer & Dillon, representing the applicant; Carolyn Franks, City resident; Whitney Florian, City resident; Tamara Mazzei, City resident; and Robert Steffen, City resident. • Public Testimony: The following individuals spoke in opposition: Phil Schwartze, Bonsall resident; Stephen Rios, City resident; Mary Ann Davidson, City resident; Dave Davidson, City resident ; John Humphreys, City resident; and Allan Niccola, City resident. 1St Council Action: Moved by Council Member Kramer, seconded by Council Member Reeve, and carried 3-0 with Council Member Byrnes absent and Mayor Taylor recused to adopt RESOLUTION NO. 13-06-04-09 APPROVING AN AMENDMENT TO THE LOS RIOS SPECIFIC PLAN'S "HR" (HISTORIC RESIDENTIAL) ZONE DISTRICT PROVISIONS TO ESTABLISH A "RESIDENTIAL OCCUPANCY EXEMPTION" FOR THE HUMMINGBIRD HOUSE CAFE -LUPE COMB HOUSE PROPERTY. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Kramer, and Mayor pro tem Allevato NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Byrnes RECUSED: COUNCIL MEMBER: Mayor Taylor 6 6/18/2013 L L 2nd Council Action: Moved by Council Member Kramer, seconded by Council Member Reeve, and carried 3-0 with Council Member Byrnes absent and Mayor Taylor recused to adopt RESOLUTION NO. 13-06-04-10 CONDITIONALLY APPROVING THE PRELIMINARY DESIGN PLANS FOR A PROPOSED BUILDING ADDITION TO THE ACCESSORY STRUCTURE LOCATED AT 31766 LOS RIOS STREET (ASSESSORS PARCEL NUMBER: 121-141-24) (LUPE COMBS HOUSE -HUMMINGBIRD HOUSE CAFI`_). ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Kramer, and Mayor pro tem Allevato NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Byrnes RECUSED: COUNCIL MEMBER: Mayor Taylor 3'd Council Action: Moved by Council Member Kramer, seconded by Mayor pro tem Allevato, and carried 2-0-1 with Council Member Byrnes absent, Mayor Taylor recused, and Council Member Reeve opposed to continue the Public Hearing to July 16, 2013. ROLL CALL: AYES: COUNCIL MEMBER: Kramer, and Mayor pro tem Allevato NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: Byrnes RECUSED: COUNCIL MEMBER: Mayor Taylor ADMINISTRATIVE ITEMS: Please refer to Special Meeting Minutes. ORDINANCES: None. COUNCILMANIC ITEMS: BIENNIAL APPOINTMENTS TO COMMISSIONS AND COMMITTEES (110.20) Maria Morris, City Clerk, provided an agenda report. Public Comments: Clint Worthington, City resident. Vt Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member Reeve, and carried 4-0 with Council Member Byrnes absent to appoint with terms ending March 31, 2015, the following individuals to the Cultural Heritage Commission: Nathan Banda, William Bonney, Rhonda deHann, Lorie Porter, and Jan Siegel. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Byrnes 7 6/18/2013 2. 2"d Council Action: Moved by Council Member Kramer, seconded by Mayor pro tem Allevato, and carried 3-0-1 with Council Member Byrnes absent to appoint with terms ending March 31, 2015, the following individuals to the Open Space, Trails and Equestrian Commission: Ilse Bymes, Rob Ferguson, Al King, Elliott Levenson, and, Tom Ostensen, with Council Member Reeve registering a "no" vote as to candidate Tom Ostensen. 7 ROLL CALL: AYES: COUNCIL MEMBER: Kramer, and Allevato and Mayor Taylor NOES: COUNCIL MEMBER: Reeve (only as to candidate Tom Ostensen) ABSENT: COUNCIL MEMBER: Byrnes 3 I Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member Kramer, and carried 4-0 with Council Member Byrnes absent to appoint with terms ending March 31, 2015, the following individuals to the Parks, Recreation and Senior Services Commission: Steve Behmerwohld, Ronald Denman, Jenny Friess, Kathy Hooper, and Gerald Muir. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Byrnes 4d' Council Action: Moved by Council Member Kramer, seconded by Mayor pro tem Allevato, and carried 4-0 with Council Member Byrnes absent to appoint with terms ending March 31, 2015, the following individuals to the Utilities Commission: Danny Glasgow, Richard Hartl, Thomas Lytle, Dan Merkle, and Raymond Miller. 7, ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Byrnes CONSIDERATION OF ALTERNATIVES FOR THE DESIGN REVIEW COMMITTEE (110.20) Nelson Miller, Interim Development Services Director, provided an agenda report and responded to questions. • Public Comments: John Gillotti, City resident; Jonathan Volzke, City resident; and Bob Cardoza, City resident. Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem Allevato, and carried unanimously, to approve Option 2 — Eliminating the Design Review Committee and have staff and the Planning Commission responsible for design reviews. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Byrnes Esq 6/18/2013 ADJOURNMENT: There being no further business Mayor Taylor adjourned the meeting at 10:20 p.m. tq Tuesday, July 16, 2013, at 5:00 p.m. for Closed Session, and 6:00 p.m. for a pubic/P!#ness Session, in the City Council Chamber. CITY Approved: July 16, 2013 6/18/2013