14-0304_CC_Minutes_Regular Meeting MINUTES
March 4, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Allevato called the Regular Meeting of the City Council to order at
5:02 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 did
not 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 6:15 p.m. in the City Council Chamber.
Council Member Taylor led the Pledge of Allegiance and Mayor pro tem Kramer 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.
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JJ
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Hans Van Ligten, City Attorney,
announce that the City Council did not conferred for Closed Session Item B.
CITY CLERK ANNOUNCEMENT: Per Assembly Bill 23, Maria Morris, City Clerk,
announced that each Housing Authority Board Member are receiving a $50.00 stipend
for conducting the Housing Authority meeting.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Meeting with business owners.
• Economic Preservation Sub-Committee Meeting.
• Association of California Cities—Orange County Meetings.
• Taste of San Juan.
• Santa Margarita Water District Directors Meeting.
• Las Brisas Homeowners Association Meeting.
• Bob Klines's Night at the Oscars.
• Associated Senior Action Program (ASAP) Luncheon.
• Relay for Life Kick-Off Meeting.
• South Orange County Economic Coalition Meeting.
• South Orange County Wastewater Authority Meeting.
• Proposed Development Meetings.
• Tesoro Flamenco Presentation.
• Transportation Corridor Agencies Strategic Ad-Hoc Meeting.
• Meeting with Orange County Fire Authority Division Chief.
• South Orange County Economic Coalition "Meet the City Managers" Meeting.
• Preview of State of the City Program.
• Meeting with Capistrano 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, Kathy Hooper, and
Steve Behmerwohld, Parks, Recreation and Senior Services Commission; and
Amanda Lee, and Katie Clavadetscher, Youth Advisory Board.
2. FEBRUARY 1, 2014 THROUGH APRIL 1, 2014, PROCLAIMED AS FIESTA DE
LAS GOLONDRINAS; AND THE FIESTA ASSOCIATION JUDGE CONDUCTED
THE ANNUAL "HANGING OF THE MAYOR"
ORAL COMMUNICATIONS:
• John Perry, City resident; Elan Shore, California Fuel Cell Partnership;
Mark Speros, City resident; Ted Shown, City resident; Katie Clavadetscher,
Youth Advisory Board; Jonathan Volzke, City resident; Kathy Hooper, City resident; and
Alvin Ehrig, City resident.
2 3/4/2014
CONSENT CALENDAR:
Council Action: Moved by Council Member Byrnes, seconded by Council Member
Reeve, and carried unanimously to approve consent calendar items 1 through 10, as
Jrecommended by staff, with Council Member Reeve abstained from consent calendar 2.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF FEBRUARY 18, 2014,
APPROVED.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Taylor and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Reeve
3. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED FEBRUARY 7, 2014, TO FEBRUARY 20, 2014; PAYROLL (CHECK)
DATED FEBRUARY 13, 2014; PAYROLL (DIRECT DEPOSIT) DATED
FEBRUARY 14, 2014; AND PAYROLL (CHECK) DATED FEBRUARY 14, 2014,
RECEIVED AND FILED (300.30)
4. CASH AND INVESTMENT REPORT FOR MONTH ENDED JANUARY 31, 2014,
RECEIVED AND FILED (350.30)
5. PERSONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR A
NOT-TO-EXCEED AMOUNT OF $125,863 TO PROVIDE CONSTRUCTION
MANAGEMENT, QUALITY CONTROL TESTING AND INSPECTION SERVICES
FOR PAVEMENT REHABILITATION IMPROVEMENT PROJECTS, APPROVED
(600.30)
6. FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH
THE PLANNING CENTER FOR THE PREPARATION OF AN INITIAL STUDY
(IS) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) FOR ARCHITECTURAL CONTROL (AC) 13-23, URBAN VILLAGE
(SAN JUAN HOTEL & VILLAS) AT A TOTAL CONTRACT AMOUNT NOT TO
EXCEED $88,394, TO BE FUNDED BY THE PROJECT APPLICANT,
APPROVED (600.30)
7. REGULAR MEETING SCHEDULE OF THE CITY COUNCIL REVISED
BY CANCELING THE MEETINGS OF MAY 20, 2014, JULY 1, 2014,
NOVEMBER 18, 2014, AND JANUARY 6, 2015 (610.10)
8. VACANCIES ON THE YOUTH ADVISORY BOARD FOR YOUTH MEMBERS
WHO SERVE A ONE (1) YEAR TERM AND ADULT ADVISORS WHO SERVE
TWO (2) YEAR TERMS, DECLARED; AND CITY CLERK DIRECTED TO
SOLICIT APPLICATIONS TO FILL THE VACANCIES, WITH APPLICATIONS
DUE APRIL 4, 2014, 4:30 P.M. (110.20)
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9. LICENSE AGREEMENT WITH THE SAN JUAN CAPISTRANO LITTLE LEAGUE
FOR USE OF THE CONCESSION STAND AT THE SAN JUAN SPORTS PARK
FOR THE PERIOD OF TWO (2) YEARS DURING THE SAN JUAN
CAPISTRANO LITTLE LEAGUE PRIMARY SEASON IN MARCH 1, 2014,
THROUGH AUGUST 15, 2014, AND MARCH 1, 2015, THROUGH AUGUST 15,
2015, APPROVED (600.30)
10. PERSONAL SERVICES AGREEMENT FOR THE 2014 4T" OF JULY
CELEBRATION AERIAL FIREWORKS DISPLAY WITH GARDEN STATE
FIREWORKS, IN THE AMOUNT OF $30,000, APPROVED (600.30)
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: None.
ORDINANCES:
1. ORDINANCE 1009 ADOPTED APPROVING REZONE (RZ) 13-003, CHANGING
THE ZONING MAP AND ZONING DESIGNATION FOR THE NORTHERLY
10.24 ACRES OF A 20.25 ACRE SITE LOCATED AT 31000 AVENIDA SIEGA
(APN 664-041-09, & 10) (DAVIDSON COMMUNITIES, INC.) (THE OAKS)
(460.25)
Maria Monis, City Clerk, provided a staff report and read the title of the
ordinance.
Council Action: Moved by Council Member Taylor, seconded by Council
Member Byrnes, and carried unanimously to approve the second reading and
adoption of Ordinance 1009 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 & (SINGEL-FAMILY-10,000)" TO SINGLE-FAMILY-10,000"
(REZONE 13-003)."
2. ORDINANCE 1010 ADOPTED 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
(1040.10)
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Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Byrnes, and carried unanimously to approve the second reading
and adoption of Ordinance 1010 entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING CHAPTER 3 OF TITLE 6 OF THE CITY OF SAN JUAN
CAPISTRANO MUNICIPAL CODE RELATING TO SOLID WASTE, ADDING
SECTION 6-3.06.01 TO CHAPTER 3 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."
COUNCILMANIC ITEMS:
1. LEE GOODE APPOINTED TO FILL THE VACANT UTILITIES COMMISSION
POSITION (110.20)
Council Action: Moved by Council Member Byrnes, seconded by
Mayor pro tem Kramer, and carried unanimously to appoint Lee Goode to the
vacant Utilities Commission position.
ADJOURNMENT:
The bei no further business Mayor Allevato adjourned the meeting at 7:01 p.m. to
ThurN��oand
rch 6, 2014, at 6:00 p.m. for a Joint City Council/Utilities Commission
Work then to Tuesday, March 18, 2014, at 5:00 p.m. for Closed Session and
6:00 public Business Session, in the City Council Chamber.
Respbmitted,
MA RRIS, CI CLERK
Approved: March 18, 2014
ATTEST.
AM ALLEVATO, MAYOR
J
5 3/4/2014
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 March 4, 2014, at 7:01 p.m., on to
Thursday, March 6, 2014, at 6:00 p.m. for an Joint City Council and Utilities
Commission Meeting; and then to Tuesday, March 11, 2014, at 6:30 p.m. for a Joint
City Council and Planning Commission Meeting, in the City Council Chamber 32400
Pase delan , San
an Capistrano.
DATE arch 5, 2014
i
i
Mafia r s City Clerh
121
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
arch 5, 2014, within 24 hours of adjournment of the above-named meeting.
I are oder penalty of perjury that the foregoing is true and correct.
a is o is, City Cler
So