14-0204_CC_Minutes_Regular Meeting MINUTES
February 4, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Allevato called the Regular Meeting of the City Council to order at
5:00 p.m. in the City Council Chamber.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., Derek Reeve, John Taylor,
Mayor pro tem Larry Kramer and Mayor Sam Allevato.
COUNCIL MEMBERS ABSENT: None.
PUBLIC COMMENT: None.
CLOSED SESSION (610.85):
A Closed Session was held for the following purposes, as authorized by statute:
a. Pursuant to Government Code section 54957.6, the City Council conferred with
its labor negotiators (Karen Brust, City Manager, Cindy Russell, Chief Financial
Officer, Tom Bokosky, Human Resources Manager and Steve Dunn, Consultant)
as to the Memoranda of Understanding with represented employees, including
salaries and fringe benefits. The affected bargaining units are San Juan
Capistrano Classified Employees Association and San Juan Capistrano
Management and Professional Employees Association.
b. Pursuant to Government Code Section 54956.9(a) & (d) (1), the City Council
conferred with legal counsel pertaining to existing litigation in the matter
of Commonsense.com, LLC vs. City of San Juan Capistrano, at. al.
OC Superior Court Case No. 30-2013-00688382.
C. Pursuant to Government Code Section 54957, the City Council did not conduct a
performance evaluation of the City Attorney.
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:11 p.m. in the City Council Chamber.
Mayor pro tem Kramer led the Pledge of Allegiance and Council Member Byrnes 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: Council Member Reeve
announced that he recused himself from Closed Session Item B, due to a business
relationship.
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:
• Orange County Library Advisory Board Meeting.
• San Juan Basin Authority Meeting.
• South Orange County Wastewater Authority Meeting.
• Star Motors Artist's Reception.
• Mission Volunteer and Employee Appreciation Lunch.
• 1-5 San Juan Capistrano to San Clemente High Occupancy Vehicle Lane
Groundbreaking Ceremony.
• South Orange County Economy Coalition Legislative Meet and Greet.
• Boys and Girls Club Youth of the Year Reception.
• Rotary Car Show and Poker Ride.
• Interchange Business Meeting.
• Orange County Fire Authority Board of Directors and Budget & Finance Meetings.
• Transportation Corridor Agencies Board of Directors and Special Closed Session
Meetings.
• Planning Session for Reata Park Grand Opening & Dedication Meeting.
• Mission San Juan Capistrano Volunteer/Employee Appreciation Recognition
Banquet.
• CARE Car Show.
• Saddleback Valley Elk's Lodge Recognition Dinner for Deputy Sheriff Jonathan
Larson and Reserve Firefighter Kevin Gates, Station 7.
• Cox Cable "Civic Connections" Filming.
• Meeting with Capo Valley School District Trustees.
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 and Steve
Behmerwohld, Parks, Recreation and Senior Services Commission; Ilse Byrnes,
Open Space, Trails and Equestrian Commission; Evan Chaffee, Planning
Commission; and Morton Smith, former Transportation Commissioner.
2. PROCLAMATION DESIGNATING FEBRUARY 1, 2014, THROUGH APRIL 30,
2014, AS FIESTA DE LAS GOLONDRINAS (610.40) (ITEM CONTINUED TO
MARCH 4, 2014)
2 2/4/2014
3. FEBRUARY 7, 2014, PROCLAIMED AS NATIONAL WEAR RED DAY IN
SAN JUAN CAPISTRANO (610.40)
4. PRESENTATION PROVIDED BY PFM ASSET MANAGEMENT, LLC
REGARDING THE CITY'S FOURTH QUARTER 2013 PORTFOLIO AND
MARKET REVIEW (610.40)
Sarah Meacham, PFM Asset Management, provided a presentation and
responded to questions.
ORAL COMMUNICATIONS:
• Rick Friess, City resident; Dan Friess, City resident; John Perry, City resident;
Trevor Dale, City resident; Mark Nielsen, City resident; Alvin Ehrig, City resident;
Steve Behmerwohld, City resident; Jonathan Volzke, City resident; Dan Malcolm,
Imperial Beach resident; and Ziad Faraj, Monterey Park resident.
CONSENT CALENDAR:
Council Action: Moved by Mayor pro tem Kramer, seconded by Council Member
Reeve, and carried unanimously to approve consent calendar items 1 through 8, 10,
and 12 through 15, as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
JANUARY 16, 2014, APPROVED.
3. CITY COUNCIL MINUTES — SPECIAL MEETING OF JANUARY 21, 2014,
APPROVED.
4. CITY COUNCIL MINUTES — REGULAR MEETING OF JANUARY 21, 2014,
APPROVED.
5. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED JANUARY 10, 2014, TO JANUARY 23, 2014; PAYROLL (DIRECT
DEPOSITS) DATED JANUARY 17, 2014; PAYROLL (CHECKS) DATED
JANUARY 17, 2014, RECEIVED AND FILED (300.30)
6. CASH AND INVESTMENT REPORT FOR MONTH ENDED DECEMBER 31,
2013, RECEIVED AND FILED (350.30)
7. FISCAL YEAR 2012-2013 MEASURE M2 LOCAL FAIR SHARE AUDIT
REPORT, RECEIVED AND FILED (310.40)
8. FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH
ROGERS, ANDERSON, MALODY & SCOTT, LLP TO PROVIDE
PROFESSIONAL AUDITING SERVICES FOR FISCAL YEARS ENDING
JUNE 30, 2014, AND JUNE 30, 2015, APPROVED (600.30)
3 2/4/2014
9. RESOLUTION 14-02-04-02 ADOPTED VACATING AND SETTING ASIDE THE
PERMIT FOR TENANT IMPROVEMENT FOR THE MERCADO EL REY
MARKET LOCATED AT 32252-32254 CAMINO CAPISTRANO (APN 668-453-
16) AS REQUIRED BY WRIT OF MANDATE IN FRIESS V. CITY OF SAN JUAN
CAPISTRANO, ET. AL. (640.30)
• Public Comments: Dan Malcolm, representing Mercado EI Rey.
Council Action: Moved by Council Member Byrnes, seconded by
Council Member Reeve, and carried unanimously to adopt Resolution
14-02-04-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, VACATING AND SETTING ASIDE
RESOLUTION NO. 11-09-06-03."
10. RESOLUTION 14-02-04-03 ADOPTED AUTHORIZING THE CITY MANAGER
TO DECLARE DESIGNATED FLEET INVENTORY AS SURPLUS (370.30)
11. REQUEST TO INSTALL SPEED HUMPS ON VIA MADONNA FROM VIA DEL
CERRO TO CAMINO SANTO DOMINGO, APPROVED (590.50)
• Public Comments: Jonathan Sepe, City resident; Richard Dennen,
City resident; Torrey Cook, City resident; Zach Churchill, City resident;
Mancellee Wass, City resident; Chris James, City resident; Sarah James,
City resident; Clark Green, City resident; Lisa Scheneider, City resident;
Jim Schneider, City resident; and Morton Smith, City resident.
Council Action: Moved by Council Member Byrnes, seconded by
Council Member Reeve, and carried unanimously to approve the request to
install speed humps on Via Madonna from Via Del Cerro to Camino Santo
Domingo.
12. RESOLUTION 14-02-04-04 ADOPTED TO EXECUTE THE RIGHT-OF-WAY
CERTIFICATION FOR THE SAFE ROUTES TO SCHOOL PROJECT #SRTSL-
5372 (013), APPROVED; MAYOR AUTHORIZED TO SIGN THE INTERIM
SHORT FORM RIGHT-OF-WAY LOCAL ASSISTANCE PROGRAM (830.30)
13. SIDEWALK EASEMENT DEED FROM THE CITY OF SAN JUAN CAPISTRANO
TO COUNTY OF ORANGE FOR PARCEL NO. 111.3; SLOPE AND DRAINAGE
EASEMENT DEED FROM THE CITY OF SAN JUAN CAPISTRANO TO THE
COUNTY OF ORANGE FOR PARCELS 111.2 AND 111.4; TEMPORARY
CONSTRUCTION EASEMENT DEED FROM THE CITY OF SAN JUAN
CAPISTRANO TO THE COUNTY OF ORANGE FOR PARCELS 111.1 AND
111.5, APPROVED; PIPELINE EASEMENT DEED FROM THE CITY OF SAN
JUAN CAPISTRANO TO SANTA FE PACIFIC A SUBSIDIARY KINDER
MORGAN ENERGY PARTNERS LP OVER A PORTION OF PARCEL 2 OF LOT
LINE ADJUSTMENT 2003-004; AND, TEMPORARY CONSTRUCTION
EASEMENT DEED FOR PIPELINE RELOCATION FROM THE CITY OF SAN
JUAN CAPISTRANO TO SANTA FE PACIFIC PIPELINE OVER A PORTION OF
PARCEL 2 OF LOT LINE ADJUSTMENT 2003-004, APPROVED SUBJECT TO
THE CITY ATTORNEY MAKING REASONABLE AMENDMENTS TO THE
LEGAL EASEMENT FORM (670.50)
4 2/4/2014
14. INTERIM EXHIBIT 9-B LOCAL AGENCY DISADVANTAGE BUSINESS
ENTERPRISE ANNUAL SUBMITTAL FORM FOR FISCAL YEAR 2013-2014,
APPROVED; AND PUBLIC WORKS AND UTILITIES DIRECTOR AND/OR
DESIGNEE AUTHORIZED TO EXECUTE THE INTERIM EXHIBIT 9-13 LOCAL
AGENCY DISADVANTAGE BUSINESS FORM (350.30)
15. PLANNING COMMISSION AUTHORIZED TO PROCEED WITH REVIEWING
AND UPDATING THE CITY'S ARCHITECTURAL DESIGN GUIDELINES AS
PROVIDE BY THE SCOPE OF WORK OBJECTIVES AND SCHEDULE (410.30)
PUBLIC HEARINGS: 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:
G1 FINANCE SERVICES
a. CONSIDERATION OF OPEN SPACE, TRAILS, AND EQUESTRIAN
COMMISSION AND PARKS, RECREATION AND SENIOR SERVICES
COMMISSION JOINT RECOMMENDATIONS REGARDING THE NORTHWEST
OPEN SPACE, PHASE 1 COMMUNITY PARK (CIP 09209) (530.40)
Nelson Miller, Development Services Consultant, provided a PowerPoint
presentation and responded to questions.
• Public Comments: Jonathan Volzke, City resident.
Council Action: Moved by Council Member Taylor, seconded by
Mayor pro tem Kramer, and carried 3-2 with Council Member Byrnes and Council
Member Reeve opposed to direct staff to proceed with Option B, the lower cost
alternative previously approved by City Council; and to look at the possibility to
include the Community Gardens through the Request for Proposals (RFP)
process.
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Taylor and Mayor Allevato
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
ORDINANCES:
1. ORDINANCE 1006 ADOPTED APPROVING REZONE (RZ) 13-004 CHANGING
THE ZONING MAP AND ZONING DESIGNATION FOR AN EXISTING 1.0
ACRE PARCEL LOCATED AT 29582 SPOTTED BULL LANE (APN 650-011-27)
(LES GILMER) (460.25)
5 2/4/2014
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance.
Council Action: Moved by Council Member Taylor, seconded by Council
Member Reeve, and carried unanimously to approve the second reading and
adoption of Ordinance 1006 entitled "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
REZONE (RZ) 13-004 CHANGING THE ZONING MAP AND ZONING
DESIGNATION FOR THE 1.0 ACRE SITE 29582 SPOTTED BULL LANE APN:
650-011-27 (LES GILMER)."
2. ORDINANCE 1007 ADOPTED APPROVING CODE AMENDMENT 13-001 AND
REZONE 13-002; AMENDING THE ZONING DISTRICT DESIGNATION OF AN
UNDEVELOPED 4.4 ACRE SITE AT THE NORTHWEST CORNER OF CAMINO
CAPISTRANO AND JUNIPERO SERRA ROAD (APN: 121-050-21, THE
GROVES), AND AN UNDEVELOPED 9.0 ACRE SITE AT THE TERMINUS OF
PASEO TIRADOR (APN: 666-131-08109114115, VENTANAS) (460.25)
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance. Charles View, Development Services Director, responded to
questions.
• Public Comments: Tom Hribar, City resident.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Taylor, and carried unanimously to approve the second reading
and adoption of Ordinance 1007 entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING CODE AMENDMENT (CA) 13-001 AND REZONE (RZ) 13-002
WHICH WILL: 1) AMEND THE CITY OF SAN JUAN CAPISTRANO OFFICIAL
ZONING MAP TO CHANGE THE ZONING DESIGNATION FOR THE GROVES
SITE, (4.4 ACRE SOUTHERNMOST PORTION OF APN: 121-050-21) FROM
OFFICE COMMERCIAL TO VERY HIGH DENSITY; AND, 2) AMEND THE TEXT
OF AND MAPS FOR THE COMPREHENSIVE DEVELOPMENT PLAN 78-01
(ORTEGA PLANNED COMMUNITY) AND APPENDIX B TO THE CITY OF SAN
JUAN CAPISTRANO MUNICIPAL CODE TO CHANGE THE LAND USE
DESIGNATION FOR THE VENTANAS SITE (9.0 ACRE SOUTHEASTERN
PORTIONS OF APN: 666-131-08109114115) FROM INDUSTRIAL PARK TO
VERY HIGH DENSITY."
3. ORDINANCE 1008 ADOPTED APPROVING CODE AMENDMENT (CA) 13-002
TO AMEND SECTIONS 9-3.301 AND 9-3.505 OF THE LAND USE CODE OF
THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO
RESIDENTIAL DISTRICTS AND AFFORDABLE HOUSING REQUIREMENTS
(460.25)
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance.
6 2/4/2014
Council Action: Moved by Council Member Taylor, seconded by
Council Member Reeve, and carried unanimously to approve the second reading
and adoption of Ordinance 1008 entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING CODE AMENDMENT (CA) 13-002 TO AMEND SECTIONS
9-3.301 AND 9-3.505 OF THE LAND USE CODE OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE RELATING TO RESIDENTIAL DISTRICTS
AND AFFORDABLE HOUSING REQUIREMENTS."
COUNCILMANIC ITEMS:
1. DISCUSSION REGARDING TERM LIMITS FOR CITY COUNCIL MEMBERS
(610.30) — NO ACTION TAKEN
• Public Comments: Evan Chaffee, City resident; and Steve Behmerwohld,
City resident.
2. RESOLUTION 14-02-04-01 ADOPTED DESIGNATING SAN JUAN
CAPISTRANO AS A "PURPLE HEART CITY" TO HONOR AND RECOGNIZE
AMERICAN SOLDIERS WOUNDED OR KILLED IN BATTLE; AND, FEBRUARY
DECLARED AS "PURPLE HEART MONTH" (610.40)
Public Comments: Les Blair, City resident and Purple Heart recipient.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Byrnes, and carried unanimously to adopt Resolution
14.02-04-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING SAN JUAN
CAPISTRANO AS A 'PURPLE HEART CITY" TO HONOR AND RECOGNIZE
AMERICAN SOLDIERS WOUNDED OR KILLED IN BATTLE; AND DECLARE
FEBRUARY AS "PURPLE HEART MONTH."
ADJOURNMENT:
There being no further business Mayor Allevatc adjourned the meeting at 9:30 p.m. to
Tuesday, February 18, 2014, at 5:00 p.m. for Closed Session and 6:00 p.m. for a public
Business Session, in the City Council Chamber.
Re ctf Ily bmitt ,
MARIA M RR S, CITY CLERK
Approved: February 18, 2014
ATTES .
AM ALLEVATO, MAYOR
7 2/4/2014
NOTICE OF SPECIAL MEETING
SAN JUAN CAPISTRANO
CITY COUNCIL
The City of San Juan Capistrano, California, hereby gives notice that a Special Meeting
of the City of San Juan Capistrano City Council will be held on Monday,
February 10, 2014, at 6:00 p.m. in the City Council Chambers, 32400 Paseo Adelanto,
San Juan Capistrano, California.
aria Morris, titylerk
Date: February 6, 2014
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) SS
CITY OF SAN JUAN CAPISTRANO )
I hereby certify that a copy of the Notice of a Special Meeting of the City of San Juan
Capistrano City Council will be held on Monday, February 10, 2014, at 6:00 p.m., was
mailed, emailed and/or sent via fax transmittal, or personally delivered not less than
twenty-four hours before the meeting.
Sam Allevato, Mayor
Larry Kramer, Mayor pro tem
Roy L. Byrnes, M.D., Council Member
John Taylor, Council Member
Derek Reeve, Council Member
The Register
Capistrano Valley News
Capistrano Dispatch
San Juan Patch
Los Angeles Times
I eflare under nalty erjury that the foregoing is true and correct.
riaorris, i Clerk
City of San Juan apistrano
Date: February 6, 2014