14-0819_CC_Minutes_Regular Meeting MINUTES
August 19, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Allevato called the August 19, 2014, 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 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 54956.8, the City Council
met with its Real Property Negotiators (Karen P. Brust, City Manager;
Keith Van Der Maaten, Public Works Director; George Alvarez,
City Engineer; Mike Williams, Real Estate Services Manager, HDR,
Engineering, Inc.) concerning the price and terms of payment for the purchase
of certain real properties (listed below) in the City of San Juan Capistrano,
California. The negotiating parties would be the City and the Owners of the
real properties listed below.
Real Properties:
31422 Camino Capistrano — APN 124-190-23 (Owner: Capistrano Unified
School District); 31522 Camino Capistrano, and 26841 and 26801
La Plaza — APN 124-180-03 (Owner: Mission Basilica San Juan Capistrano);
31551 Camino Capistrano — APN 121-130-14 (Owner: FBC, Inc.); 31741
Camino Capistrano — APN 121-141-10 (Owner: Ortega, William); 31731
Camino Capistrano —APN 121-141-16 (Owner: Bertolino, Ralph Alan); 26802
J Avenida Padre — APN 668-454-01 (Owner: Daniel & Natalie Friess Trust);
32401 Camino Capistrano — APN 668-091-12 (Owner: Del Rio Jb LLC);
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32341 Camino Capistrano (P. 1), 32391 and 32401 Camino Capistrano (P. 2),
and SW corner of driveway (immediately south of Avenida Padre) —APN 668-
091-09 (Owner: Del Rio Jb LLC); NW corner of San Juan Creek Road —APN
unknown (Owner: Orange County Flood Control District [San Juan Creek
Channel]); 31871 Camino Capistrano — APN 121-150-29 (Owner:
Oyharzabal, Carmen); and 31861 Camino Capistrano — APN 121-150-28
(Owner: Roman Catholic Bishop of Orange).
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:05 p.m. in the City Council Chamber.
Council Member Byrnes 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.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Council Member Reeve
recused himself from Closed Session A., due to a prior business relationship and
Council Member Taylor recused himself from Closed Session C, due to proximity to his
residence.
Mayor Allevato announced the City Council voted 4-0, with Council Member Reeve
recused, to approve a Settlement Agreement with Commonsense.com, LLC vs. City of
San Juan Capistrano, at. al. OC Superior Court Case No. 30-2013-00688382. The
Settlement Agreement allows the City to move forward and expressly affirms the City's
right to adopt reasonable regulations about whether, how and when the City's property
can be used by commercial enterprises and also discontinues all further City legal
expenses.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Transportation Corridor Agency Board Meeting.
• Economic Preservation Committee Meeting.
• Boy Scout Tour of City Hall.
• Meeting with Whispering Hills Representatives.
• Orange County Fire Authority Budget and Finance Sub-Committee Meeting.
• Real Property Sub-Committee Meeting.
• Meeting with Fred Armendariz.
• Chamber of Commerce Network Breakfast.
• South Orange County Water Authority Board Meeting.
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• Large Animal Response Team Drill.
Homefront America Hero's Night.
Metropolitan Water District Community Leaders Briefing.
• Rodeo Week Kick-off at the Swanner House.
J • San Juan Capistrano Garden Club.
League of California Cities — Orange County Division Meeting.
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 and Ron Denman,
Parks, Recreation and Senior Services Commission; and Jameson Johnson,
Jordan Parkhurst and Kayla Jahangiri, Youth Advisory Board.
2. 4T" ANNUAL WEST COAST FILM FESTIVAL PROCLAIMED (610.40)
3. CAPISTRANO VALLEY BOYS AND GIRLS CLUB PRESENTED THE
CITY COUNCIL WITH THE CHAMPION OF YOUTH AWARD (610.40)
4. SPONSORS OF THE 2014 4T" OF JULY CELEBRATION RECOGNIZED
(610.40)
5. OUTGOING YOUTH ADVISORY BOARD MEMBERS RECOGNIZED (610.40)
ORAL COMMUNICATIONS:
• Kayla Jahangin, Youth Advisory Board; William Griffith, City resident; Ian Smith,
City resident; and, Deborah Smith, City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Byrnes, seconded by Council Member
Taylor, and carried unanimously to approve consent calendar items 1 through 4 and 6
through 9 as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF AUGUST 6, 2014,
APPROVED.
3. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED FROM JULY 25, 2014, TO AUGUST 7, 2014; PAYROLL (DIRECT
DEPOSITS) DATED AUGUST 1, 2014, PAYROLL (CHECKS) DATED
AUGUST 1, 2014; AND PAYROLL (CHECKS) DATED AUGUST 7, 2014,
RECEIVED AND FILED (300.30)
4. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
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5. TERMINATION OF THE SITE LICENSE AND USE AGREEMENT
WITH MICHAEL SCHWARTZ FOR USE OF THE ROLLER
HOCKEY/MULTIPURPOSE FACILITY AT MARCO FORSTER MIDDLE
SCHOOL, APPROVED (600.30)
Tom Bokosky, Human Resources Manager, provided an agenda report.
• Public Comments: Gerald Duncan, Los Angeles resident; Jose Sanchez, City
resident; Ann Larson, City resident; Glen Miles, San Clemente resident;
Michael Schwartz, Licensee; Ken Rhoda, San Clemente resident; Judith
Garcia, City resident; Fred Schwartz, Rancho Cucamonga resident; and,
Steve Behmerwohld, City resident.
Council Action: Moved by Council Member Taylor, seconded by
Mayor pro tem Kramer, and carried unanimously to terminate the Site License
and Use Agreement with Michael Schwartz for the use of the Roller Hockey/
Multipurpose Facility at Marco Forster Middle School.
6. FIRST AMENDMENT TO THE AGREEMENT FOR EMERGENCY AMBULANCE
TRANSPORTATION AND RELATED SERVICES WITH AMERICAN MEDICAL
RESPONSE AMBULANCE SERVICE, INC., DBA AS DOCTOR'S AMBULANCE
SERVICE, APPROVED (600.30)
7. RESOLUTION NO. 14-08-19-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED FOR THE OFFICE
REORGANIZATION IN THE FINANCE, PUBLIC WORKS AND DEVELOPMENT
SERVICES DEPARTMENTS AND BUILDING CODE IMPLEMENTATION
(FRIESS COMPANY BUILDERS, INC.);" CITY CLERK DIRECTED TO
PROCESS RECORDING OF NOTICE OF COMPLETION; AND STAFF
AUTHORIZED TO RELEASE THE PROJECT RETENTION, IN THE AMOUNT
OF $5,498.00, THIRTY-FIVE DAYS AFTER RECORDATION (600.30)
8. AMENDMENT NO. 2 TO THE MASTER FUNDING AGREEMENT NO. 2 C-1-
2782 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO
RECEIVE FUNDS FOR MEASURE M2, APPROVED (600.50)
9. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE SWANNER
HOUSE SEWER MAIN EXTENSION PROJECT, APPROVED; AND STAFF
AUTHORIZED TO BID THE PROJECT (1040.40)
PUBLIC HEARINGS:
1. RESOLUTION NO. 14-08-19-02 APPROVED ADOPTING A MITIGATED
NEGATIVE DECLARATION AND CONDITIONALLY APPROVING TENTATIVE
TRACT MAP (TTM) 17655 AND ARCHITECTURAL CONTROL (AC) 13-031
(420.40)
David Contreras, Senior Planner, provided a PowerPoint presentation and
responded to questions.
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Mayor Allevato opened the public hearing and invited testimony.
• Public Testimony: Pam Patterson, City resident; and, Tracy Weintraub, City
resident.
Mayor Allevato closed the public hearing.
Council Action: Moved by Council Member Byrnes, seconded by
Council Member Reeve, and carried unanimously to adopt Resolution No. 14-
08-19-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A MITIGATED
NEGATIVE DECLARATION (MND) AND CONDITIONALLY APPROVING
TENTATIVE TRACT MAP (TTM) 17655 FOR A 9 LOT SUBDIVISION ON 4.5
ACRES AND ARCHITECTURAL CONTROL (AC) 13-031 FOR THE 9 SINGLE-
FAMILY HOMES LOCATED AT 32281 DEL OBISPO STREET;
APPROXIMATELY 160 FEET NORTH OF VIA VERMEULEN (ASSESSOR
PARCEL NUMBERS: 121-181-09, 10, 11 &13) (OLIVA)."
2. RESOLUTION NO. 14-08-19-03 APPROVED ADOPTING AN ADDENDUM TO
THE MITIGATED NEGATIVE DECLARATION (MND) AND CONDITIONALLY
APPROVING A MODIFICATION TO TENTATIVE TRACT MAP (TTM) 16146,
AND MODIFICATION TO ARCHITECTURAL CONTROL (AC) 13-028 (420.40)
David Contreras, Senior Planner, provided a PowerPoint presentation and
responded to questions.
Mayor Allevato opened the public hearing and invited testimony.
• Public Testimony: David Mellow, The New Home Company.
Mayor Allevato closed the public hearing.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Taylor, and carried unanimously to adopt Resolution No. 14-
08-19-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A MITIGATED
NEGATIVE DECLARATION ADDENDUM, APPROVAL OF A MODIFICATION
TO TENTATIVE TRACT MAP (TTM) 16146 AND APPROVAL OF A
MODIFICATION TO ARCHITECTURAL CONTROL (AC) 13-028, OLIVA FOR AN
APPROVED 31 SINGLE-FAMILY DETACHED, RESIDENTIAL HOME
SUBDIVISION ON 17.07 ACRES THAT COMPRISE TENTATIVE TRACT MAP
(TTM) 16146 LOCATED AT 32281 DEL OBISPO STREET; APPROXIMATELY
160 FEET NORTH OF VIA VERMEULEN (ASSESSOR PARCEL NUMBERS:
121-181-12 & 121-181-13) (OLIVA)."
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3. DOMESTIC WATER PUBLIC HEALTH GOALS, RECEIVED AND FILED
(1050.10)
Keith Van Der Maaten, Public Works and Utilities Director provided a PowerPoint
presentation and responded to questions.
Mayor Allevato opened the public hearing and invited testimony, no public
testimony was provided. Mayor Allevato closed the public hearing.
Council Action: Moved by Council Member Taylor, seconded by
Council Member Reeve, and carried unanimously to receive and file the
Domestic Water Public Health Goals.
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
ADMINISTRATIVE ITEMS:
G1. UTILITIES SERVICES
a. URGENCY ORDINANCE 1017 ADOPTED ENTITLED "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 6-12.06 AND 6-12.10 OF TITLE 6,
CHAPTER 12, OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
PERTAINING TO WATER CONSERVATION;" AND RESOLUTION 14-08-19-04,
ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WATER
SHORTAGE STAGE 2." (1050.90)
Keith Van Der Maaten, Public Works and Utilities Director, and Francie Kennedy,
Water Conservation Coordinator, provided a PowerPoint presentation and
responded to questions.
Christy Jakl, Deputy City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Byrnes, and carried unanimously to adopt URGENCY
ORDINANCE 1017 entitled "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
SECTIONS 6-12.06 AND 6-12.10 OF TITLE 6, CHAPTER 12, OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO WATER
CONSERVATION;" and adopt RESOLUTION NO. 14-08-19-04, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WATER SHORTAGE STAGE 2."
ORDINANCES: None.
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COUNCILMANIC ITEMS:
1. STAFF DIRECTED TO WORK WITH CAPISTRANO UNIFIED SCHOOL
DISTRICT (CUSD) REGARDING PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF EL CAMINO REAL AND ACJACHEMA OCCUPIED BY THE
SOUTH COAST REGIONAL OCCUPATIONAL PROGRAM (ROP), AND THE
VACANT AREAS OFF SPRING STREET AS POSSIBLE USE FOR PUBLIC
PARKING (570.70)
Mayor pro tem Kramer provided a report.
Council Action: Moved by Mayor Allevato, seconded by
Council Member Byrnes, and carried unanimously to direct staff to work with
Capistrano Unified School District (CUSD) regarding property located at the
southeast corner of EI Camino Real and Acjachema occupied by the
South Coast Regional Occupational Program (ROP), and the vacant areas off
Spring Street as possible use for public parking.
ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting at 9:15 p.m. to
Tuesday, September 2, 2014, at 5:00 p.m. for Closed Session; and 6:00 p.m. for the
public Business Session, in the City Council Chamber.
Respectfully submitted
CRIS Y JAKL, iZEPUV CITY CLERK
Approved: September 2, 2014
AT-TES .
ff
AM ALLEVATO, MAYOR
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