14-0401_CC_Minutes_Regular Meeting MINUTES
April 1, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
u CLOSED SESSION: None.
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council to order at
6:04 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., Derek Reeve, John Taylor,
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.
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.
J CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Orange County Transportation Authority Long Range Transportation Planning
Meeting.
• St. Joseph's Day at the Mission.
• Santa Margarita Water District Recharge Meeting.
• Swallow's Day Parade.
• Ecology Center Committee for Sustainability.
• South Orange County Water Agencies Meeting.
• Metropolitan Water District of Orange County Meeting.
• Historical Society Meeting.
• Meetings with Developers.
• University of Southern California Student Meeting.
• Bell Ringing Ceremony at the Mission.
• Community Engagement Panel for Southern California Edison.
• Orange County Realtors Association Meeting.
• Transportation Corridor Agencies Strategic Ad-Hoc Meeting.
• Orange County Fire Authority Board of Director's Meeting.
• South Orange County Governance Visioning Process Meeting.
• Meet the Mayor Meeting.
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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; and Jordan
Parkhurst, Jameson Johnson, Julia Delamore, Avrial Barreto, Megan Friess,
Amanda Lee, and Katie Clavadetscher, Youth Advisory Board.
2. ED STEWART & ASSOCIATES RECOGNIZED FOR 10 YEARS OF CITY
SUPPORT DURING THE SWALLOW'S PARADE (610.40)
3. YOUTH ADVISORY BOARD AND ADVISORS RECOGNIZED FOR
COMPLETION OF THE CATCH BASIN STENCILING PROGRAM (610.40)
4. PROGRAM UPDATE FROM THE ECOLOGY CENTER (610.40)
Evan Marks, Ecology Center Executive Director, provided a PowerPoint
presentation and responded to questions.
ORAL COMMUNICATIONS:
• Francisco Marmolejo and Susan Reese, Orange County Human Relations
(provided handout).
CONSENT CALENDAR:
Council Action: Moved by Council Member Byrnes, seconded by Council Member
Reeve, and carried unanimously to approve consent calendar items 1 through 4, 6, 8
and 10, as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING (CLOSED SESSION) OF
MARCH 18, 2014, APPROVED.
3. CITY COUNCIL MINUTES — REGULAR MEETING OF MARCH 18, 2014,
APPROVED.
4. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED MARCH 7, 2014, TO MARCH 20, 2014; PAYROLL (DIRECT DEPOSIT)
DATED MARCH 14, 2014; AND PAYROLL (CHECKS) DATED MARCH 14,
2014, TO MARCH 20, 2014, RECEIVED AND FILED (300.30)
5. CASH AND INVESTMENT REPORT FOR MONTH ENDED FEBRUARY 28,
2014, RECEIVED AND FILED (350.30)
Council Action: Moved by Council Member Byrnes, seconded by
Mayor pro tem Kramer, and unanimously to receive and file the Cash and
Investment Report for the month ended February 28, 2014. '
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ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Reeve, Taylor and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
6. AMENDED AND RESTATED AGREEMENT FOR BOND COUNSEL SERVICES
WITH ORRICK, HERRINGTON & SUTCLIFFE, LLP FOR THE REFUNDING OF
THE 2002 WATER CERTIFICATES OF PARTICIPATION AND THE 2002 SAN
JUAN BASIN AUTHORITY LEASE REVENUE BONDS (GROUNDWATER
RECOVERY PROJECT), APPROVED (600.30)
7. PERSONAL SERVICES AGREEMENT WITH KEETON KREITZER
CONSULTING FOR THE PREPARATION OF A SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE PROPOSED PROJECT
REFERRED TO AS THE SHOPS AT CAPISTRANO COMMERCIAL PROJECT
AT A COST NOT TO EXCEED $60,790, TO BE FUNDED BY THE APPLICANT,
APPROVED (600.30)
Charles View, Development Services Director, provided an agenda report and
responded to questions.
• Public Comments: Lee Hendershot, City resident.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Taylor, and carried 4-1 with Mayor pro tem Kramer opposed to
approve a Personal Services Agreement with Keeton Kreitzer Consulting for the
preparation of a subsequent Environmental Impact Report pursuant to the
California Environmental Quality Act (CEQ) for the proposed project referred to
as the Shops at Capistrano Commercial Project at a cost not to exceed $60,790,
to be funded by the applicant.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Reeve, Taylor and Mayor Allevato
NOES: COUNCIL MEMBER: Mayor pro tem Kramer
ABSENT: COUNCIL MEMBER: None
8. AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH HDR
ENGINEERING, INC. TO PROVIDE RIGHT-OF-WAY SERVICES FOR THE
HANDICAP RAMPS ASSOCIATED WITH THE CITYWIDE REHABILITATION
PROJECT IN THE AMOUNT OF $81,824 FOR A TOTAL CONTRACT AMOUNT
OF $209,058, APPROVED (600.30)
9. CONSIDERATION OF AUTHORIZATION TO ALLOW PROCESSING AND
ISSUANCE OF A STOCKPILE GRADING PERMIT FOR THE SHOPS AT
CAPISTRANO PROJECT SITE (GOVEIA COMMERCIAL REAL ESTATE)
(240.20)
3 411!2014
Charles View, Development Services Director, provided an agenda report and
responded to questions. Amy Leaf Williams, Goveia Vice President, and Carlos
Cabrera, Goveia Construction Manager, responded to questions.
• Public Comments: Mechelle Lawrence-Adams, Mission San Juan Capistrano;
Jonathan Volzke, City resident; and, Lee Hendershot, City resident.
Council Member Reeve made a motion for staff recommendation, the motion
failed for lack of a second.
Item failed for lack of a motion to approve.
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:
H1. DEVELOPMENT SERVICES
a. RESOLUTION NO. 14-04-01-01 ADOPTED INITIATING A GENERAL PLAN
AMENDMENT FOR THE PROPOSED SHOPS AT CAPISTRANO PROJECT ON
A 3.54 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF
ORTEGA HIGHWAY AND EL CAMINO REAL (ASSESSOR PARCEL
NUMBERS: 124-170-12,14,15,16) (THE SHOPS AT CAPISTRANO) (440.25)
Charles View, Development Services Director, provided a PowerPoint
presentation and responded to questions. James Bickel, Bickel Underwood
Architects, responded to questions.
• Public Comments: Laura Freese, City resident; Lee Hendershot, City
resident; Mechelle Lawrence-Adams, Mission San Juan Capistrano; and,
Jonathan Volzke, City resident.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Taylor, and carried 4-1 with Mayor pro tem Kramer opposed to
adopt Resolution 14-04-01-01 entitled "A RESOLUTION. OF THE CITY
COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING
CONSIDERATION OF A GENERAL PLAN AMENDMENT FOR THE
PROPOSED SHOPS AT CAPISTRANO PROJECT ON A 3.54 ACRE PARCEL
LOCATED AT THE NORTHEAST CORNER OF ORTEGA HIGHWAY AND
EL CAMINO REAL (ASSESSOR PARCEL NUMBERS: 124-170-12,14,15,16)
(THE SHOPS AT CAPISTRANO);" and direct the Planning Commission to
establish an Ad-Hoc Design Review Committee for the project.
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ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Reeve, Taylor and Mayor Allevato
NOES: COUNCIL MEMBER: Mayor pro tem Kramer
ABSENT: COUNCIL MEMBER: None
ORDINANCES:
1. INTRODUCTION OF AND FIRST READING OF REVISED ORDINANCE
AMENDING CHAPTER 9 OF TITLE 7 OF THE CITY OF SAN JUAN
CAPISTRANO MUNICIPAL CODE RELATING TO TEMPORARY SIGNS AND
SECTION 9-3.543 OF ARTICLE 5 OF CHAPTER 3 OF TITLE 9 OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE RELATING TO SIGNS (410.40)
Hans Van Ligten, City Attorney, provided a staff report. Maria Morris, City Clerk,
read the title of the ordinance.
Council Action: Moved by Council Member Reeve, seconded by Council
Member Taylor, and carried unanimously to approve the introduction and first
reading of the revised ordinance entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING CHAPTER 9 OF TITLE 7 OF THE CITY OF SAN JUAN
CAPISTRANO MUNICIPAL CODE RELATING TO TEMPORARY SIGNS AND
SECTION 9-3.543 OF ARTICLE 5 OF CHAPTER 3 OF TITLE 9 OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE RELATING TO SIGNS."
2. ORDINANCE 1011 ADOPTED AMENDING ARTICLE 1 OF CHAPTER 4 OF
TITLE 2 OF THE CITY OF SAN JUAN CAPISTRANO MUNICIPAL CODE
`J RELATING TO CAMPAIGN CONTRIBUTION LIMITS IN ANY SINGLE
ELECTION FOR ANY MUNICIPAL OFFICE (630.20)
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Taylor, and carried unanimously to approve the second reading
and adoption of Ordinance 1011 entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING ARTICLE 1 OF CHAPTER 4 OF TITLE 2 OF THE CITY OF SAN
JUAN CAPISTRANO MUNICIPAL CODE RELATING TO CAMPAIGN
CONTRIBUTION LIMITS IN ANY SINGLE ELECTION FOR ANY MUNICIPAL
OFFICE."
COUNCILMANIC ITEMS:
Mayor Allevato requested to agendize at the next City Council meeting the naming of
the Limousine Barn located at the Reata Park and Event Center.
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ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting at 9:11 p.m. to
Tuesd y, April 15, 2014, at 5:00 p.m. for Closed Session and 6:00 p.m. for a public
B s Session, in the City Council Chamber.
i
Re ully submitted,
I
R S, CITY ERK
Approved: April 15, 2014
ATTEST:
S ALLEVATO, MAYOR
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6 4/1/2014
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 April 15, 2014, at 8:21 p.m., on to Tuesday,
April 29, 2014, at 6:00 p.m. for a Joint City Council/Utilities Commission Meeting; and
then to Tuesday, May 6, 2014, at 4:00 p.m. for an Adjourned Regular Meeting; and then
to Tuesday, May 6, 2014, at 5:00 p.m. for Closed Session, and 6:00 p.m. for a
publi usi ss Session, in the City Council Chamber 32400 Paseo Adelanto,
San J a C pistrano.
DATID April 16, 2014
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Maria or is, City Cler
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
1, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby declare
thatth above Notice was posted at or near the door of the City Council Chamber on
April 16 201 , within 24 hours of adjournment of the above-named meeting.
I decl6ri n er penalty of perjury that the foregoing is true and correct.
(naI
Maria ris, Cify berk
NOTICE OF A CONTINUED PUBLIC HEARING
OF THE 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, continued the following Public Hearing
Consideration of a Request for Approval of an Extension of the
Development Agreement with the Neely Family Trust for a 19.93-Acre Site
Generally Located Along the East Side of McCracken Hill and Bordering
the West Edge of the "Valley Area" of the Pacifica San Juan Project
(Assessor Parcel Numbers: 675-331-19 through 21, and 675-341-09, 11)
(Neely Family Trust)
F m th Regular Meeting of April 15, 2014, 6:00 p.m., to the Regular Meeting to be
hel J ne 3, 20014, at 6:00 p.m. in the City Council Chamber,
32 0 P seo Adelanto, San Juan Capistrano.
DA E April 16, 2014
lvlar"
i
i
oris, City lerk
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
AOf l 16, 21014, within 24 hours of adjournment of the above-named meeting.
I declare 6 nder penalty of perjury that the foregoing is true and correct.
�I
Maria Mo ' ,-City C