14-0415_CC_Minutes_Regular Meeting MINUTES
April 15, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
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CLOSED SESSION: None.
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:06 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.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Metropolitan Water District Facility Tour.
• San Juan Basin Authority Meeting.
• Chamber of Commerce Breakfast and Luncheon.
• South Orange County Wastewater Authority Meeting.
• La Pata Extension Groundbreaking.
• Earth Day Event at The Ecology Center.
• Interchange Business Meeting.
• Shea Center Gala.
• Transportation Corridor Agencies Meetings.
• Orange County Fire Authority Meeting.
• Reata Park and Event Center Opening Planning Meeting.
• Video Filming for Economic Marketing Video.
• Economic Preservation Sub-Committee Meeting.
• Association of California Cities — Orange County Board Installation Banquet.
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; Steve Behmerwohld, Parks, Recreation
and Senior Services Commission; Nikki Winn and Hannah Kredel-Speer,
Youth Advisory Board.
2. MICHELLE ALEXANDER, RECOGNIZED AS THE 2013 BOYS AND GIRLS
CLUB OF CAPISTRANO VALLEY YOUTH OF THE YEAR (610.40)
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3. BILL RAMSEY, ASSISTANT DEVELOPMENT SERVICES DIRECTOR
RECOGNIZED FOR HIS RETIREMENT FROM THE CITY OF SAN JUAN
CAPISTRANO (610.40)
ORAL COMMUNICATIONS:
• Sue Walshe, The Ark of San Juan (provided handout); and Nikki Winn and Hannah
Kredel-Speer, Youth Advisory Board.
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member
Byrnes, and carried unanimously to approve consent calendar items 1 through 5, 7
through 11, 14 and 15, as recommended by staff, with Mayor pro tem Kramer abstained
from consent calendar 9.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF APRIL 1 , 2014,
APPROVED.
3. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED MARCH 21 , 2014, TO APRIL 3, 2014; AND PAYROLL (DIRECT
DEPOSITS) DATED MARCH 28, 2014, RECEIVED AND FILED (300.30)
4. RESOLUTION 14-04-15-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, (1)
APPROVING A PLAN FOR SPENDING EXCESS TAX ALLOCATION BOND
PROCEEDS, (2) AUTHORIZING A BOND PROCEEDS EXPENDITURE
AGREEMENT WITH THE SUCCESSOR AGENCY TO THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY FOR THE
TRANSFER OF SUCH FUNDS TO THE CITY FOR BOND-ELIGIBLE
PURPOSES, (3) ACCEPTING THE TRANSFER OF SUCH FUNDS FROM THE
SUCCESSOR AGENCY, AND (4) MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH" (600.30)
5. NEW DEVELOPMENT APPLICATION STATUS, RECEIVED AND FILED
(440.10)
6. STAFF AUTHORIZED TO ADMINISTRATIVE REVIEW OVER A SPECIAL
ACTIVITIES PERMIT, PARK USE PERMIT AND ENCROACHMENT PERMIT
FOR THE SECOND SATURDAY ART FAIR TO INCLUDE ART SALES,
ANTIQUE SALES, AND SIDEWALK CHALK EXHIBITS, EXTEND THE FOUR-
HOUR MAXIMUM RENTAL TO 9'/Z HOURS MAXIMUM; AND, INCREASE THE
25 PERSON MAXIMUM ATTENDANCE PER RENTAL TO AN UNLIMITED
MAXIMUM ATTENDANCE, FOR A PERIOD OF TWO YEARS WITH PERMITS
VALID THROUGH 2015; AND, FULL FEE WAIVER IN THE AMOUNT OF
$3,900.66 FOR EACH OF THE NEXT TWO YEARS FOR A TOTAL ESTIMATED
COST WAIVER OF $7,801.329 AND INSTRUCT THE ORGANIZER TO
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PROVIDE ITS NET REVENUES TO THE CHAMBER OF COMMERCE; AND
REQUIRE THE CHAMBER OF COMMERCE TO PROVIDE A YEAR-END
STATEMENT TO THE CITY REFLECTING THE RECEIPT OF REVENUES
ANNUALLY, APPROVED (390.20)
Council Member Taylor recused himself due to proximity of his residence and left
the Council Chamber.
Charles View, Development Services Director, provided a staff report and
responded to questions.
• Public Comments: Randi Peshkin, City resident.
Council Action: Moved by Council Member Byrnes, seconded by
Council Member Reeve, and carried 4-0 with Council Member Taylor recused to
authorize staff to administrative review over a Special Activities Permit, Park Use
Permit and Encroachment Permit for the Second Saturday Art Fair to include art
sales, antique sales, and sidewalk chalk exhibits, extend the four-hour maximum
rental to 9'/z hours maximum; and, increase the 25 person maximum attendance
per rental to an unlimited maximum attendance, for a period of two years with
permits valid through 2015; and, approve a full fee waiver in the amount of
$3,900.66 for each of the next two years for a total estimated cost waiver of
$7,801.32, and instruct the organizer to provide its net revenues to the
Chamber of Commerce; and require the Chamber of Commerce to provide a
year-end statement to the City reflecting the receipt of annual revenues.
,_,j ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Reeve, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Taylor
7. DONATION OF $500 FROM ABBIEGAIL WEISER TO FUND LANDSCAPE
IMPROVEMENTS FOR VETERAN'S PARK, ACCEPTED; AND FISCAL YEAR
2013-2014 REVENUE ACCOUNT 01-00000-48101-00000-000 INCREASE BY
$500 AND $500 APPROPRIATED TO ACCOUNT 01-83722-64113-00000-000
(150.10)
8. PERSONAL SERVICES AGREEMENT WITH KOA CORPORATION FOR THE
PREPARATION OF A TRAFFIC IMPACT ANALYSIS FOR THE SHOPS AT
CAPISTRANO AT A COST NOT TO EXCEED $34,431, TO BE FUNDED BY THE
APPLICANT,APPROVED (600.30)
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9. RESOLUTION 14-04-15-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST
ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS
CODE OF THE STATE OF CALIFORNIA AND CHAPTER 2.5 OF DIVISION 1
OF TITLE 5 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA,
FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY AFTER
FORMATION OF A DISTRICT, AND SETTING A TIME AND PLACE FOR THE
PUBLIC HEARING THEREON" (345.20)
Mayor pro tem Kramer abstained due to his residence being within the
Los Corrales district.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Reeve, Taylor and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Mayor pro tem Kramer
10. TWO-YEAR LICENSE AND INDEMNITY AGREEMENT WITH THE SAN JUAN
CAPISTRANO CHAMBER OF COMMERCE FOR THE USE OF YORBA
STREET AND VETERAN'S PARK TO CONDUCT A FARMERS' MARKET FOR
THE PERIOD OF MAY 6, 2014, THROUGH JUNE 30, 2016, APPROVED
(600.30)
11. SECOND AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH
MIG-HOGLE-IRELAND FOR INTERIM DEVELOPMENT SERVICES
DIRECTOR SERVICES PROVIDED THROUGH FEBRUARY 14, 2014, IN THE
AMOUNT OF $21,323 FOR A TOTAL COST NOT TO EXCEED $153,139,
APPROVED (600.30)
12. PERMANENT WAIVER OF PERMIT FEES FOR THE ANNUAL FIESTA DE LAS
GOLONDRINAS CELEBRATION AND SWALLOWS DAY PARADE TO THE
SAN JUAN CAPISTRANO FIESTA ASSOCIATION, APPROVED (390.30)
Charles View, Development Services Director, provided a staff report and
responded to questions.
Public Comments: Joel Peshkin, City resident.
Council Action: Moved by Council Member Taylor, seconded by
Council Member Byrnes, and carried unanimously to permanently waive permit
fees for the Annual Fiesta De Las Golondrinas Celebration and Swallows Day
Parade to the San Juan Capistrano Fiesta Association.
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13. DONATION OF DEVELOPMENT, PROJECT MANAGEMENT SERVICES,
CONSTRUCTION, AND OUTDOOR FITNESS EQUIPMENT, VALUED AT
APPROXIMATELY $30,000, FROM MISSION HOSPITAL TO BE INSTALLED
AT EL CAMINO REAL PARK, ACCEPTED; AND MEMORANDUM OF
UNDERSTANDING WITH MISSION HOSPITAL TO PURCHASE, DESIGN AND
CONSTRUCT OUTDOOR FITNESS EQUIPMENT AT EL CAMINO REAL PARK
BY JUNE 30, 2014, APPROVED (150.101600.30)
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Byrnes, and carried unanimously to accept a donation of
development, project management services, construction, and outdoor fitness
equipment, valued at approximately $30,000, from Mission Hospital to be
installed at EI Camino Real Park; and approve a Memorandum of Understanding
with Mission Hospital to purchase, design and construct outdoor fitness
equipment at EI Camino Real Park.
14. MAYOR AUTHORIZED TO EXECUTE AND THE CITY CLERK TO RECORD
DEED RESTRICTIONS FOR THE 2009 AND 2010 HABITAT CONSERVATION
FUND GRANT-FUNDED 2C RANCH-TRABUCO CREEK HABITAT
CONSERVATION PROJECT (670.50)
15. LETTER TO THE SAN DIEGO REGIONAL WATER QUALITY CONTROL
BOARD OBJECTING TO CHEVRON ENVIRONMENTAL MANAGEMENT
COMPANY'S (CHEVRON) CLOSURE REQUEST OF THE CLEANUP AND
ABATEMENT OF CHEVRON SERVICE STATION #9-3417 (32001 CAMINO
CAPISTRANO), APPROVED (530.25)
16. FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT FOR THE
WATER AND SEWER RATE STUDY, INCREASING THE AMOUNT OF THE
CONTRACT WITH RAFTELIS FINANCIAL CONSULTANT, INC. BY AN
ADDITIONAL $36,955, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED
$136,955, APPROVED (600.30)
Keith Van Der Maaten, Public Works and Utilities Director, provided a staff report
and responded to questions.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Taylor, and carried unanimously to approve the First
Amendment to the Personal Services Agreement for the Water and Sewer Rate
Study, increasing the amount of the contract with Raftelis Financial Consultant,
Inc. by an additional $36,955, for a total contract amount not to exceed $136,955.
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PUBLIC HEARINGS:
1. 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) (600.30) — ITEM
CONTINUED TO JUNE 3, 2014
Mayor Allevato opened the public hearing and invited testimony, no public
testimony was provided.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Taylor, and carried unanimously to continue the Public Hearing
to June 3, 2014.
2. FIRST READING AND INTRODUCTION OF AN ORDINANCE APPROVING
AND ADOPTING AN AMENDMENT TO THE AMENDED AND RESTATED
DEVELOPMENT AGREEMENT FOR AN APPROVED 292-ACRE TRACT TO
BE DEVELOPMENT WITH 416 DWELLING UNITS SUBJECT TO
COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01, FORSTER CANYON
(LV PACIFIC POINT LLC) (THE PACIFICA SAN JUAN PROJECT) (600.30)
Charles View, Development Services Director, provided a staff report and
responded to questions.
Mayor Allevato opened the public hearing and invited testimony.
• Public Testimony: Lisa Gordon, representing the applicant.
Mayor Allevato closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Taylor, and carried unanimously 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, APPROVING AND
ADOPTING AN AMENDMENT TO THE AMENDED AND RESTATED
DEVELOPMENT AGREEMENT FOR AN APPROVED 292-ACRE TRACT TO
BE DEVELOPMENT WITH 416 DWELLING UNITS SUBJECT TO
COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01, FORSTER CANYON
(LV PACIFIC POINT LLC) (THE PACIFICA SAN JUAN PROJECT);" and staff
directed to bring back to the City Council prior to the second reading of the
ordinance a draft Operating Memorandum addressing maintenance improvement
of the property.
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3. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING
COMPREHENSIVE DEVELOPMENT PLAN 90-02, MAMMOTH EQUITIES
(AT&T WIRELESS) (ROSS MILETICH, CORE DEVELOPMENT SERVICES)
r (REZONE 13-001) (ASSESSORS PARCEL NUMBERS:650-011-25); AND
RESOLUTION 14-04-15-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT (CUP) 13-012 FOR A PROPOSED
AT&T UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY USING
A THIRTY-FIVE (35) FOOT TALL FAUX EUCALYPTUS TREE LOCATED
AT 26300 VIA ESCOLAR (ASSESSOR PARCEL NUMBER: 650-011-25)
(ROSS MILETICH, CORE DEVELOPMENT SERVICES) (460.70)
David Contreras, Senior Planner, provided a staff report and responded to
questions. Ross Miletich, Core Development Services, provided information and
responded to questions.
Mayor Allevato opened the public hearing and invited testimony, no public
testimony was provided. Mayor Allevato closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Taylor, seconded by
Council Member Byrnes, and carried unanimously 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 COMPREHENSIVE DEVELOPMENT PLAN 90-02, MAMMOTH
EQUITIES (AT&T WIRELESS) (ROSS MILETICH, CORE DEVELOPMENT
SERVICES) (REZONE 13-001) (ASSESSORS PARCEL NUMBERS: 650-011-
25)."
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
ADMINISTRATIVE ITEMS: None.
ORDINANCES:
1. ORDINANCE 1012 ADOPTED AMENDING CHAPTER 9 OF TITLE 7 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 CITY OF SAN JUAN CAPISTRANO
MUNICIPAL CODE RELATING TO SIGNS (410.40)
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance.
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Council Action: Moved by Council Member Reeve, seconded by
Council Member Taylor, and carried unanimously to approve the second reading
and adoption of Ordinance 1012 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 CITY
OF SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO SIGNS."
COUNCILMANIC ITEMS: None.
ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting at 8:21 p.m. to
Tuesday, April 29, 2014, for a Joint City Council/Utilities Commission Meeting; and then
to�TuesdV, May 6, 2014, at 4:00 p.m. for an Adjourned Regular Meeting; and then to
T/les ay, May 6, 2014, at 5:00 p.m. for Closed Session and 6:00 p.m. for a public
Bu in ss ession, in the City Council Chamber.
Re p ctfu s bmitted,
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MA I IS, TY CLERK
Approved: May 6, 2014
ATTES77
zorto -
,SAIVALLEVATO, MAYOR
8 4/15/2014
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 less Session, in the City Council Chamber 32400 Paseo Adelanto,
San,J a C pistrano.
i
DAT D April 16, 2014
Maria or is, City Cler
�I
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
April 1,6 201, , within 24 hours of adjournment of the above-named meeting.
I dec,ar
In er penalty of perjury that the foregoing is true and correct.
(n'a
Maria MI
ris, CrClerk
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)
From the Regular Meeting of April 15, 2014, 6:00 p.m., to the Regular Meeting to be
held June 3, 20014, at 6:00 p.m. in the City Council Chamber,
32400 Paseo Adelanto, San Juan Capistrano.
DATED1 I April 16, 2014
Ii V V
oris, City Jerk
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
April 16, 2014, within 24 hours of adjournment of the above-named meeting.
I
I declare �nder penalty of perjury that the foregoing is true and correct.
Maria Moir , City Crer