14-0218_CC_Minutes_Regular MeetingMINUTES
February 18, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Allevato called the Regular Meeting of the City Council to order at
5:02 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 54956.9(a) & (d) (1), the City Council
conferred with legal counsel pertaining to existing litigation in the matter of
Capistrano Tax Payers Association vs. City of San Juan Capistrano. OC Superior
Court Case No. 30-2012-00594579.
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 conducted 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 6:10 p.m. in the City Council Chamber.
Council Member Byrnes led the Pledge of Allegiance and Council Member Taylor gave
the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., John Taylor, Mayor pro tem
Larry Kramer and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: Derek Reeve (Attended Closed Session).
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were not necessarily heard in that order.
1
ANNOUNCEMENT OF CLOSED SESSION ACTIONS:
Hans Van Ligten, City Attorney, announced that Council Member Reeve recused
himself from Closed Session Item B, due to a business relationship.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• South Orange County Watershed Management Executives Meeting. 17
• South Orange County Wastewater Authority Meeting.
• San Juan Capistrano Water Forum.
• South Orange County Agencies Meeting.
• Metropolitan Water District of Orange County Meetings.
• Chamber Network Mixer.
• Pacific Pointe Development Meeting.
• Economic Preservation Sub -Committee Meeting.
• Bike Friendly Sub -Committee Meeting.
• Orange County Vector Control Board Meeting.
• Orange County Fire Authority Budget & Finance Ad -Hoc Meeting.
• Transportation Corridor Agencies Strategic Financial Ad -Hoc and Board of Director's
Meetings.
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, Kathy Hooper, and
Steve Behmerwohld, Parks, Recreation and Senior Services Commission;
Hannah Gavin Spencer, Youth Advisory Board; Elliott Levenson, Open Space, j
Trails and Equestrian Commission; and Tom Ressler, San Juan Hills High
School Principal.
2. OUTGOING UTILITIES COMMISSION DAN MERKLE, RECOGNIZED (110.20)
3. SERGEANT IRA ESSOE RECOGNIZED ON HIS RETIREMENT AND
SERVICES TO THE CITY OF SAN JUAN CAPISTRANO (610.40)
4. DEPUTY CARLOS SANCHEZ RECOGNIZED AS THE 2013 SAN JUAN
CAPISTRANO DEPUTY OF THE YEAR (610.40)
5. DEPUTY BILL SIMANDI RECOGNIZED BY MOTHERS AGAINST DRUNK
DRIVING FOR HIS DRIVING UNDER THE INFLUENCE (DUI) ENFORCEMENT
EFFORTS (610.40)
ORAL COMMUNICATIONS:
Mark Speros, City resident; Catherine Dyment, City resident; Kathy Hooper,
City resident; Bill Hardy, City resident; Steve Behmerwohld, City resident; John
Campbell, City resident; David L. Ludwig, City resident; Jonathan Volzke,
City resident; and Elliott Levenson, City resident.
2 2/18/2014
CONSENT CALENDAR:
Council Action: Moved by Mayor pro tem Kramer, seconded by Council Member Taylor,
and carried 4-0 with Council Member Reeve absent to approve consent calendar items
1 through 6, and 8 as recommended by staff; with Council Member Traylor abstained
from consent calendar 6.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF FEBRUARY 4, 2014,
APPROVED.
3. CITY COUNCIL MINUTES — SPECIAL MEETING OF FEBRUARY 10, 2014,
APPROVED.
4. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED JANUARY 24, 2014, TO FEBRUARY 6, 2014; PAYROLL (DIRECT
DEPOSITS) DATED JANUARY 31, 2014; AND PAYROLL (CHECKS) DATED
FEBRUARY 6, 2014, RECEIVED AND FILED (300.30)
5. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
6. EXTENSION OF FOUR (4) HOUR MAXIMUM RENTAL, USE OF AMPLIFIED
SOUND, INCREASE OF 25 PERSON ATTENDANCE MAXIMUM AT LOS RIOS
PARK FOR THE TWO-DAY COMMUNITY ECO-XPO EVENT HOSTED BY
GOIN NATIVE THERAPEUTIC GARDENS ON MAY 17 AND 18, 2014,
WITH SET-UP ON MAY 16, 2014, APPROVED; ACCEPTANCE OF DONATION
FROM GOIN NATIVE THERAPEUTIC GARDENS' NET PROCEEDS AT THE
CONCLUSION OF THE EVENT, AUTHORIZED (920.10)
Council Member Taylor abstained due to proximity to his residence and a
personal relationship.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Reeve
ABSTAINED: COUNCIL MEMBER: Taylor
7. RESOLUTION 14-02-18-01 ADOPTED INITIATING A REVISED GENERAL
PLAN AMENDMENT STUDY AND A SPECIFIC PLAN FOR THE PROPOSED
SPIEKER CONTINUING CARE RETIREMENT COMMUNITY PROJECT
LOCATED ON APPROXIMATELY 35 ACRES OF THE 43 -ACRE VERMEULEN
RANCH PROPERTY AT 32382 DEL OBISPO STREET (APN 121-182-17 AND
121-182-53) (440.25)
Charles View, Development Services Director, provided a PowerPoint
presentation and responded to questions.
3 2/18/2014
• Public Comments: Mike Johnson, City resident. Troy Bourne, Spieker Senior
Development Partners.
Council Action: Moved by Council Member Taylor, seconded by
Mayor pro tem Kramer, and carried 4-0 with Council Member Reeve absent to
adopt Resolution 14-02-18-01 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING A REVISED GENERAL PLAN AMENDMENT STUDY AND A
SPECIFIC PLAN FOR THE PROPOSED SPIEKER CONTINUING CARE
RETIREMENT COMMUNITY PROJECT LOCATED ON APPROXIMATELY 35
ACRES OF THE 43 -ACRE VERMEULEN RANCH PROPERTY AT 32382 DEL
OBISPO STREET (ASSESSOR PARCEL NUMBERS 121-182-17 AND 121-182-
53)."
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Taylor and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Reeve
8. RESOLUTION 14-02-18-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE FISCAL YEARS 2013-2014 CAPITAL IMPROVEMENT
PROGRAM;" AND, AMENDMENTS TO CONSTRUCTION CONTRACTS AND
PERSONAL SERVICES AGREEMENTS RELATED TO THE PROPOSITION 50
PROJECTS WITH SCW CONTRACTING, RBF CONSULTING, SOUTH COAST
SYSTEMS, INC. ONE SOURCE DISTRIBUTORS, LLC, MBF CONSULTING,
INC., LGC GEOTECHNICAL, INC., EAR ENGINEERING, STL LANDSCAPE
INC., JET CONSTRUCTION INC., FYDAQ COMPANIES INC., PACIFIC WINDS
BUILDING INC., AND LINKTURE CONSULTING ENGINEERS, APPROVED
(CIP'S 10803, 13601, 13603, 13805, 13806, 13807, and 13808) (600.30)
PUBLIC HEARINGS:
1. RESOLUTION 14-02-18-03 ADOPTED APPROVING A MITIGATED NEGATIVE
DECLARATION, TENTATIVE TRACT MAP (TTM) 17441, ARCHITECTURAL
CONTROL (AC) 13-003; TREE REMOVAL PERMIT (TRP) 13-052, GRADING
PLAN MODIFICATION (GPM) 13-002, CONDITIONAL USE PERMIT (CUP) 13-
006, ZONE VARIANCE (ZV) 13-002, TO CONSTRUCT A NEW 32 -LOT
RESIDENTIAL SUBDIVISION AND TO MODIFY THE EXISTING EQUESTRIAN
FACILITY; AND FIRST READING AND INTRODUCTION OF AN ORDINANCE
APPROVING REZONE 13-003 FOR "THE OAKS" PROJECT (APN: 664-041-07,
08, 09, & 10) (DAVIDSON COMMUNITIES, INC.) (420.401460.201410.601420.30)
Nick Taylor, Associate Planner, provided a PowerPoint presentation and
responded to questions.
Mayor Allevato opened the public hearing and invited testimony.
• Public Testimony: Mark Speros, City resident; and Tim O'Grady, Davidson
Communities, Inc. (Applicant).
4 2/18/2014
Mayor Allevato closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
UCouncil Action: Moved by Council Member Byrnes, seconded by
Mayor pro tem Kramer, and carried unanimously to adopt Resolution
14-02-18-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING A MITIGATED
NEGATIVE DECLARATION AND CONDITIONALLY APPROVING A 32 -LOT
TENTATIVE TRACT SUBDIVISION FOR SINGLE-FAMILY DETACHED
RESIDENTIAL HOMES, AND MODIFICATIONS TO AN EXISTING
COMMERCIAL EQUESTRIAN FACILITY ON A 20.25 ACRE PROJECT SITE
LOCATED AT 31000 AVENIDA SIEGA (ASSESSORS PARCEL NUMBERS:
664-041-07, 08, 09, & 10) (THE OAKS);" and, approve the first reading and
introduction of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN
AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP TO CHANGE THE
ZONING DESIGNATION FOR THE NORTHERLY 10.24 ACRES OF A 20.25
ACRE SITE LOCATED AT 31000 AVENIDA SIEGA (ASSESSORS PARCEL
NUMBERS: 664-041-09, & 10) (THE OAKS) FROM "OPEN SPACE
RECREATION & (SINGLE -FAMILY -10,000)" TO "SINGLE -FAMILY -10,000"
(REZONE 13-003)."
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
ADMINISTRATIVE ITEMS:
G1 PUBLIC WORKS
a. RESOLUTION 14-02-18-04 ADOPTED AUTHORIZING THE MAYOR TO
EXECUTE THE AMENDED AND RESTATED AGREEMENT FOR SOLID
WASTE HANDLING SERVICES; AND, FIRST READING AND INTRODUCTION
OF AN ORDINANCE AMENDING AND ADDING PROVISIONS TO CHAPTER 3
OF TITLE 6 AND ADDING CHAPTER 14 TO TITLE 6 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE AS IT RELATES TO SOLID WASTE (CR&R),
APPROVED (600.3011040.10)
Patrick Muhoz, Assistant City Attorney, and Keith Van Der Maaten, Public Works
and Utilities Director, provided an agenda report and responded to questions.
• Public Comments: Philippa Couvillion, City resident; and Mark Speros,
City resident.
Maria Morris, City Clerk, read the title of the ordinance
Council Motion: Moved by Council Member Byrnes to continue the item to the
next City Council meeting, but motion failed for a lack of a second.
5 2/18/2014
Council Action: Moved by Council Member Taylor, seconded by
Mayor pro tem Kramer, and carried 3-1-0 with Council Member Byrnes abstained
and Council Member Reeve absent to adopt Resolution 14-02-18-04 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE AMENDED AND RESTATED
AGREEMENT FOR SOLID WASTE HANDLING SERVICES BETWEEN THE
CITY OF SAN JUAN CAPISTRANO AND CR&R INCORPORATED AND
AUTHORIZING THE MAYOR TO EXECUTE THE AMENDED AND RESTATED
AGREEMENT FOR SOLID WASTE HANDLING SERVICES;" with changes
made to the agreement presented to reflect the Council's discussion related to
residents ability to use varying size carts for recycling and green waste; and to
approve the first reading and introduction of an ordinance entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 2 OF TITLE 6 OF THE
CITY OF SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO THE
SOLID WASTE, ADDING SECTIONS 6-3.06.01 TO CHAPTER 2 OF TITLE 6 OF
THE CITY OF SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO
SELF HAULERS, AND ADDING CHAPTER 14 TO TITLE 6 OF THE CITY OF
SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO RECYCLING
REQUIREMENTS FOR LARGE EVENTS AND LARGE VENUES."
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Taylor and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Reeve
ABSTAINED: COUNCIL MEMBER: Byrnes
G2 UTILITIES
a. WATER AND SEWER RATE STUDY PRICING OBJECTIVES WORKSHEETS,
SUBMITTED (1040.20)
Keith Van Der Maaten, Public Works and Utilities Director, and Francie Kennedy,
Water Conservation Coordinator, provided an agenda report and responded to
questions.
ORDINANCES: None.
COUNCILMANIC ITEMS:
1. DISCUSSION REGARDING ENDORSING THE ASSOCIATION OF
CALIFORNIA WATER AGENCIES (ACWA) STATEWIDE WATER ACTION
PLAN FOR CALIFORNIA AND/OR ENDORSING THE GOVERNOR'S
CALIFORNIA WATER ACTION PLAN (1050.60)
Mayor pro tem Kramer provided information and responded to questions. Keith
Van Der Maaten, Public Works and Utilities Director, provided additional
information and responded to questions.
6 2/18/2014
7
7
n
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Taylor, and carried 4-0 with Council Member Reeve absent to
direct staff to further review and bring back at the next City Council meeting a
resolution of support for the Association of California Water Agencies (ACWA)
Statewide Water Action Plan for California, including additional recommendations
from the Governor's California Water Action Plan.
ROLL CALL:
no further business
AYES:
COUNCIL MEMBER: Byrnes, Kramer, Taylor and Mayor Allevato
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: Reeve
ADJOURNMENT:
There being
no further business
Mayor
Allevato adjourned the
meeting at
9:45
p.m. to
Tuesday, February 27,
2014,
at 6:00 p.m. for a Joint
City Council
and
Utilities
Commission Workshop;
and,
then to Tuesday, March
4, 2014, at
5:00m.
for
Closed Session and 6:00 p.m.
for a public Business Session, in the
City
4urAcil
Chamber.
submittedr
Approved: March 4, 2014
rr -
2/18/2014
NOTICE OF ADJOURNMENT OF MEETING OF
CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano,
California, adjourned its Regular Meeting of February 18, 2014, at 9:45 p.m., on to
Thursday, February 27, 2014, at 6:00 p.m. for an Joint City Council and Utilities
Commission Meeting, in the City Council Chamber 32400 Paseo Adelanto, San Juan
Capistrano.
DATED: February 19, 20 4
— TJ ii
Mar Morris, City C k
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby declare
that the above Notice was posted at or near the door of the City Council Chamber on
February 19, 2014, within 24 hours of adjournment of the above-named meeting.
I declare under penalty of perjury that the foregoing is true and correct.
0 LL'__L �L I
Maria -Morris, CitOerk
SD