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.
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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
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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
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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
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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