14-0916_CC_Minutes_Regular Meeting MINUTES
September 16, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Allevato called the September 16, 2014, Regular Meeting of the City Council to
order at 5:04 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 ITEM ADDED TO THE AGENDA BY 415 VOTE MINIMUM TO
DISCUSS AN ITEM THAT AROSE AFTER POSTING OF THE AGENDA:
Moved by Council Member Reeve, seconded by Mayor pro tem Kramer, and carried
unanimously to add to the Agenda the following closed session item: Pursuant to
Government Code Section 54956.9(c), the City Council will confer with Legal Counsel to
discuss potential litigation.*
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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)(2), and (d)(4), the City
Council conferred with Legal Counsel to discuss anticipated litigation and/or may
contemplate initiating litigation (1 item).
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 San Juan Hills Golf Club, LP. vs. City of San Juan Capistrano. OC
Superior Court Case No. 30-2014-00742347.
C. Pursuant to Government Code Section 54956.9(c), the City Council conferred
with Legal Counsel to discuss potential litigation.* (Item added to the Agenda)
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:40 p.m. in the City Council Chamber.
Mayor pro tem Kramer led the Pledge of Allegiance and Council Member Byrnes gave
the invocation.
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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: None.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Chamber of Commerce Breakfast and Luncheon.
• Senior Club Meeting.
• South Orange County Water Authority Board Meeting.
• 1111 Marine Battalion Car Wash.
• CREER Dinner.
• Heritage Barbeque.
• Caltrans Meeting.
• San Juan Basin Authority Meeting.
• Quad Chamber Event.
• Senior Citizens Action Council Meeting.
• Orange County's 125th Birthday Celebration.
Boys and Girls Club Golf Tournament.
• American Legion Meeting.
o South Orange County Agencies 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; and Steve Behmerwohld and Ron
Denman, Parks, Recreation and Senior Services Commission.
2. SEPTEMBER 17TH — 23 RO PROCLAIMED AS CONSTITUTION WEEK (610.40)
3. OCTOBER 5TH — 11TH PROCLAIMED AS FIRE PREVENTION WEEK (610.40)
4. NANCY INGHAM AND FISH RECOGNIZED AND PROVIDED WITH A
PROCLAMATION FOR THE ORANGE COUNTY'S 125TH BIRTHDAY
CELEBRATION (610.40)
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ORAL COMMUNICATIONS:
• Pam Zamoscianyk, City resident; Chris Zamoscianyk, City resident; Joel Peshkin,
City resident (provided handout); Tom Hribar, City resident; Betty Kelly,
City resident; Barbara Szemenyei, City resident; Steve Szemenyei, City resident;
George Derby, City resident; Carol McIntyre, City resident; Ted Kopp, Capistrano
Beach resident (provide handout); Erin Meluso, City resident; Heather
Davis, City resident; Ian Smith, City resident; Kerry Ferguson, City resident;
Pam Patterson, City resident; and Boots Leone, City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member
Taylor, and carried unanimously to approve consent calendar items 1 through 4, 6
through 9, and 11 through 15 as recommended by staff, with Mayor pro tem Kramer
abstained from consent calendar 16.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF SEPTEMBER 2, 2014,
APPROVED.
3. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED FROM AUGUST 22, 2014, TO SEPTEMBER 4, 2014; AND PAYROLL
(DIRECT DEPOSITS) DATED AUGUST 29, 2014, RECEIVED AND FILED
(300.30)
4. FISCAL YEAR 2013-2014 ENCUMBRANCES, CONTINUING
APPROPRIATIONS, AND RELATED REVENUES, APPROVED (330.20)
5. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
• Public Comments: Suzy and Randy Fisher, City Business Owner.
Council Action: Moved by Council Member Taylor, seconded by Council Member
Reeve, and carried unanimously to receive and file.
6. FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH
HABITAT RESTORATION SCIENCES, INC. (HRS) TO EXTEND THE TERM
AND INCREASE THE CONTRACT AMOUNT BY $354,804, NOT TO EXCEED A
TOTAL AMOUNT OF $654,220, FOR HRS TO CONTINUE SERVICE FOR THE
FINAL IMPLEMENTATION AND MAINTENANCE OF THE 2C RANCH-
TRABUCO CREEK HABITAT RESTORATION PLAN, TO BE FULLY FUNDED
WITH ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA)
ENVIRONMENTAL MITIGATION PROGRAM (EMP) GRANT FUNDS,
CALTRANS COOPERATIVE AGREEMENT FUNDS, AND CALIFORNIA
HABITAT CONSERVATION FUND (HCF) GRANT FUNDS) (600.30)
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7. RESOLUTION NO. 14-09-16-01, ADOPTED ENTITLED A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY'S INVENTORY
OF HISTORIC AND CULTURAL LANDMARKS TO ADD THE FATHER
O'SULLIVAN HOUSE (APN: 124-202-28); AND CITY CLERK DIRECTED TO
PROCESS THE RECORDING OF THE INVENTORY OF HISTORIC AND
CULTURAL LANDMARKS RESOLUTION WITH THE COUNTY OF ORANGE
FOR THE DESIGNATED PROPERTY (910.40)
8. MILLS ACT CONTRACT WITH CHAD AND KATIE CRESS FOR THE
MAINTENANCE AND PRESERVATION OF THE FATHER O'SULLIVAN HOUSE
AND PROPERTY LOCATED AT 31442 EL CAMINO REAL AND MORE
PRECISELY REFERRED TO AS ASSESSOR PARCEL NUMBER (APN)
124-202-28, APPROVED (600.30)
9. PERSONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR THE
PREPARATION OF AN INITIAL STUDY (IS) PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE INTERSATE-5/1-A NOVIA
AVENUE AND VALLE ROAD INTERSECTION IMPROVEMENT PROJECT AS
A COST NOT TO EXCEED $35,974, TO BE FUNDED BY THE APPLICANT
(LV PACIFIC POINT LLC, C/O DMB PACIFIC VENTURES LLC), APPROVED
(600.30)
10. PLANNING COMMISSION AUTHORIZED TO APPOINT AN AD-HOC
COMMITTEE TO REVIEW THE HISTORIC TOWN CENTER MASTER PLAN
(HTC MASTER PLAN), FORM BASED CODE AND GENERAL PLAN OF THE
CITY OF SAN JUAN CAPISTRANO AND WORK WITH STAFF TO
RECOMMEND ACTIONS TO RECONCILE INCONSISTENCIES IN THE
DOCUMENTS AND AFFIRM THE COMMUNITY'S VISION FOR THE CITY'S
HISTORIC TOWN CENTER AREA (400.20)
Council Member Taylor recused due to proximity to his residence, and stepped
out of the Council Chamber.
• Public Comments: Chuck Krolikowski, Newmeyer & Dillion, LLP.
Council Action: Moved by Mayor pro tem Kramer, seconded by Council Member
Byrnes, and carried 4-0 with Council Member Taylor recused to authorize the
Planning Commission to appoint an Ad-Hoc Committee to review the Historic
Town Center Master Plan (HTC Master Plan), Form Base Code and General
Plan of the City of San Juan Capistrano and work with staff to recommend and
affirm the community's vision for the City's Historic Town Center Area.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Reeve, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Taylor
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11. THIRD AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH STEVE
DUNN TO PROVIDE HUMAN RESOURCES AND RISK MANAGEMENT
SERVICES, FOR $10,000, FOR A TOTAL NOT TO EXCEED $55,000,
APPROVED (600.30)
12. MAYOR AUTHORIZED TO EXECUTE A LETTER TO THE PRESIDING JUDGE
OF THE ORANGE COUNTY SUPERIOR COURT, WHICH CONTAINS
RESPONSES TO THE FINDINGS AND RECOMMENDATIONS IN THE
2013-2014 ORANGE COUNTY GRAND JURY REPORT: "ORANGE COUNTY
CITY PENSION LIABILITIES — BUDGET TRANSPARENCY CRITICALLY
NEEDED" ( 330.10)
13. BIDDING REQUIREMENTS AS IDENTIFIED IN CITY COUNCIL POLICY 126,
WAIVED; PERSONAL SERVICES AGREEMENT WITH ENVIRON STRATEGY
CONSULTANTS, INC., FOR THE GROUNDWATER MONITORING WELL
SAMPLING, TESTING, AND REPORTING FOR THE NEXT TWO (2) YEARS AT
THE KINOSHITA WELL SITE FOR A NOT TO EXCEED AMOUNT OF $25,500,
APPROVED; AND APPROPRIATION FOR THE FISCAL YEAR 2014/2015
BUDGET OF $25,500 FROM THE CITY'S FARM OPERATIONS TO FUND (15-
94530-64210-000-301), APPROVED (600.30)
14. RESOLUTION NO. 14-09-16-02, ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE SUBMITTAL OF A TRANSPORTATION
IMPROVEMENT PROJECT TO THE ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE
TRANSPORTATION PROGRAM (DEL OBISPO STREET WIDENING
PROJECT)" (800.70)
15. RESOLUTION NO. 14-09-16-03, ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING AN APPLICATION FOR FUNDS FOR THE
ARTERIAL PAVEMENT MANAGEMENT PROGRAM FUNDED WITH
REGIONAL SURFACE TRANSPORTATION PROGRAM FUNDING UNDER
THE MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY FEDERAL
TRANSPORTATION ACT FOR CAMINO CAPISTRANO AND JUNIPERO
SERRA ROAD PROJECTS" ( 800.70)
16. FOUR (4) YEAR LICENSE AGREEMENT WITH AMERICAN LEGION POST
#721 FOR A). USE OF A PORTION OF THE OLD FIRE STATION COMPLEX
GARAGE (122 SQUARE FEET) FOR ADMINISTRATIVE PURPOSES ONLY AT
NO CHARGE; AND B). USE OF THE NYDEGGER BUILDING FOR ITS FOUR-
HOUR MONTHLY MEMBERS' MEETING INCLUDING A FULL FEE WAIVER
OF $1,739.52, ANNUALLY, APPROVED (600.30)
Mayor pro tem Kramer abstained due to his membership with the American
Legion.
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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
17. FIVE (5) YEAR MEMORANDUM OF UNDERSTANDING WITH GOIN NATIVE
THERAPEUTIC GARDENS TO PROVIDE A DOCENT PROGRAM AT
REATA PARK AND EVENT CENTER, APPROVED (600.30)
Council Member Taylor recused due his spouse involvement with the volunteer
organization and stepped out of the Council Chamber.
• Public Comments: Karen Crocker, Goin Native Therapeutic Gardens;
Ian Smith, City resident; and Clint Worthington, City resident (provided
handout).
Council Action: Moved by Mayor pro tem Kramer, seconded by Council Member
Byrnes, and carried 3-0-1 with Council Member Taylor recused and
Council Member Reeve opposed to approve a five-year Memorandum of
Understanding with Goin Native Therapeutic Gardens to provide a docent
program at Reata Park and Event Center.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve F1
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Taylor
PUBLIC HEARINGS:
1. CONSIDERATION OF APPEAL OF PLANNING COMMISSION DENIAL OF
CONDITIONAL USE PERMIT (CUP) 14-003; REQUEST TO APPROVE A
CONDITIONAL USE PERMIT ALLOWING FOR A SHARED PARKING PLAN
FOR THE MERCADO EL REY CONVENIENCE STORE LOCATED AT 32252-
32254 CAMINO CAPISTRANO (MERCADO EL REY) — PUBLIC HEARING
CONTINUED TO OCTOBER 7, 2014 (460.70)
• Public Correspondence: Dan Friess, City resident; Joel Iddings,
City resident; Daniel Malcolm, Esq., Dove Capistrano Partners, LLC; Gina
M. Austin, Austin Legal Group, APC; and Charles S. Krolikowski,
Newmeyer and Dillion, LLP.
Charles View, Development Services Director, provided a PowerPoint
presentation and responded to questions.
Mayor Allevato opened the public hearing and invited testimony.
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• Public Testimony: Dan Malcolm, Dove Capistrano Partners, provided a
PowerPoint presentation (Applicant); Laura Hess, Mercado EI Rey
Attorney; Chuck Krolikowski, Attorney representing Applicant; Tom Hribar,
City resident; Rick Friess, City resident; Dan Friess, City resident;
Terry O'shea, Ladera Ranch Resident; and Zed Faraj, Mercado EI Rey.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Byrnes, and carried 4-1 with Mayor pro tem Kramer opposed to
continue the public hearing to October 7, 2014.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Reeve, Taylor and Mayor Allevato
NOES: COUNCIL MEMBER: Mayor pro tem Kramer
ABSENT: COUNCIL MEMBER: None
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
ADMINISTRATIVE ITEMS:
Gt. PUBLIC WORKS
a. CONSIDERATION OF PHASE 1 OF THE DOWNTOWN PARKING PROGRAM
— ITEM REMOVED FROM THE AGENDA BY STAFF (570.10)
• Public Correspondence: Stephanie Frisch, City resident; and Mechelle
Lawrence Adams, Mission San Juan Capistrano,
ORDINANCES: None.
COUNCILMANIC ITEMS: None.
ADJOURNMENT:
There b 'ngno further business Mayor Allevato adjourned the meeting at 9:48 p.m. to
Tu ) d O tober 7, 2014, at 5:00 p.m. for Closed Session; and 6:00 p.m. for the public
Bu in ssion, in the City Council Chamber.
Resp c ull su miffed,'
M"RIA S, t ITYE K
Approved: October 7, 201
ATTEST.
wavl�ig-
AM ALLEVATO, MAYOR
7 9/16/2014
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 Appeal of Planning Commission Denial of Conditional
Use Permit (CUP) 14-003; Request to Approve a Conditional Use Permit
Allowing for a Shared Parking Plan for the Mercado EI Rey Convenience
Store Located at 32252-32254 Camino Capistrano (Mercado EI Rey)
From the Regular Meeting of September 16, 2014, 6:00 p.m., to the Regular Meeting to
be XeOctober 7, 2014, at 6:00 p.m. in the City Council Chamber,
32400 P a delanto, San Juan Capistrano.
DATED: I ptember 17, 2014
Mari I C ty Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARI ORRIS, City Clerk of the City of San Juan Capistrano, do hereby declare
that the ab ve Not a was posted at or near the door of the City Council Chamber on
September 1 01 , withiA 24 hours of adjournment of the above-named meeting.
I declare u d, r e alty of perjury that the foregoing is true and correct.
I
Marl"3r.rK, aty er