14-1007_CC_Minutes_Regular Meeting MINUTES
October 7, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Allevato called the October 7, 2014, Regular Meeting of the City Council to order
at 5:03 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:
• Jim Vance, City resident spoke on Closed Session items C & D.
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.
J OC Superior Court Case No. 30-2012-00594579.
b. 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 (2 items).
c. 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.
d. Pursuant to Government Code Section 54956.9(a) & (d) (1), the
City Council confered with legal counsel pertaining to pending litigation
in the matter of Capistrano Terrace Mobile Home Park Bankruptcy.
Case No. 8:11-bk-1 9767-MW
e. Pursuant to Government Code Section 54956.96 (a) & (b), the
City Council conferred with legal counsel to discuss existing litigation of
South Orange County Wastewater Authority vs. Michael Demaree,
30-2013-00680142-CU-BC-CJC and related cross complaint.
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BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:19 p.m. in the City Council Chamber.
Boy Scout Troop 12 led the Pledge of Allegiance and Council Member Taylor 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: None.
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:
• Constitution Day at the Mission.
• Stakeholder District 5 Bikeway Corridor Project Meeting.
• Women Realtor's Function at EI Adobe Restaurant.
• Creek Clean Up at Los Rios Park.
• Tri-Cities H2O for HOA's at the Community Center.
• Greek Cultural Event.
• Shea Center Barbeque.
• Al Self Storage Ribbon Cutting Ceremony.
• Chamber Network Breakfast.
• Tour of San Onofre Nuclear Generating Station.
• South Orange County Wastewater Authority Meeting.
• Watershed Management Meeting.
• The Vintage at the Mission.
• Caltrans Interchange Business Meeting.
• Central Valley Water Tour.
• Orange County Fire Authority Meeting.
• Transportation Corridor 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; Kathy Hooper, Parks, Recreation and
Senior Services Commission; Avrial Barreto, Michael Elsanadi, and Megan
Friess, Youth Advisory Board.
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2. ZIAD MAZBOUDI, SENIOR CIVIL ENGINEER, RECOGNIZED FOR 13 YEARS
OF LOYAL SERVICE TO THE CITY OF SAN JUAN CAPISTRANO (730.90)
3. UPDATE PROVIDED BY ORANGE COUNTY TRANSPORTATION AUTHORITY
(OCTA) ON DEL OBISPO TRAIN CROSSING (610.40)
Jim Beil, Orange County Transportation Authority, Executive Director of Capital
Programs, provided a presentation and responded to questions.
• Public Comments: Clint Worthington, City resident.
4. PRESENTATION AND DIRECTION PROVIDED REGARDING THE PHASE 1A
PILOT PARKING MANAGEMENT PROGRAM (570.10)
George Alvarez, City Traffic Engineer, provided a PowerPoint presentation and
responded to questions. Deputy George Miller, responded to questions.
• Public Comments: Tom Hribar, City resident.
Council Action: Moved by Mayor Allevato, seconded by Council Member Byrnes
and carried 3-2 with Mayor pro tem Kramer and Council Member Taylor opposed
to ban overnight parking in the following streets: EI Camino Real to Forster
Street; Camino Capistrano to Ortega Highway; Camino Capistrano to
Del Obispo; and Forster Street from Camino Capistrano to EI Camino Real, and
Yorba Street, from Camino Capistrano to EI Camino Real.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Reeve and Mayor Allevato
NOES: COUNCIL MEMBER: Kramer and Taylor
ABSENT: COUNCIL MEMBER: None
Council Motion: Moved by Council Member Reeve and motion failed for a lack of
a second to keep the 5 hour time limit in the Mission Promenade Lot and the
Swallows Inn Lot, instead of the proposed 3 hour time limit.
ORAL COMMUNICATIONS:
• Thomas "Happy" Hunn, City resident (provided pictures); Arthur Lichtenstein,
City Business Owner; Michael Elsanadi, Youth Advisory Board; Jack Schmitt,
City resident; Cynthia Peeden, City resident; Barbara Szemenyei, City Resident;
Maureen Norris, City resident; Thomas Ahern, City resident; Donna Fleming,
City resident; Steve Szemenyei, City resident; Ian Smith, City resident;
Pam Zamoscianyk, City resident; Chris Zamoscianyk, City resident; Kerry
Ferguson, City resident; and Clint Worthington, City resident.
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CONSENT CALENDAR:
Council Action: Moved by Council Member Byrnes, seconded by Council Member
Reeve, and carried unanimously to approve consent calendar items 1 through 11, as
recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING OF SEPTEMBER 16, 2014,
APPROVED
3. CITY COUNCIL MINUTES — REGULAR MEETING OF SEPTEMBER 16, 2014,
APPROVED
4. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED SEPTEMBER 5, 2014, TO SEPTEMBER 18, 2014; PAYROLL (DIRECT
DEPOSIT) DATED SEPTEMBER 12, 2014; PAYROLL (CHECKS) DATED
SEPTEMBER 12, 2014; AND PAYROLL (CHECKS) DATED SEPTEMBER 18,
2014; PAYROLL (DIRECT DEPOSIT) DATED SEPTEMBER 26, 2014; AND
PAYROLL (CHECK) DATED SEPTEMBER 26, 2014 (300.30)
5. CASH AND INVESTMENT REPORT FOR MONTH ENDED AUGUST 31, 2014,
RECEIVED AND FILED (350.30)
6. CLAIM OF MICHAEL SCALES, DENIED, BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER,
CARL WARREN & COMPANY (170.10)
7. REPORT OF NO AMENDMENTS TO THE CITY'S CONFLICT OF INTEREST
CODE, RECEIVED AND FILED (640.40)
8. CITY COUNCIL MEETING OF NOVEMBER 18, 2014, REINSTATED (610.15)
9. LENDING LOAN AGREEMENT WITH THE IRVINE MUSEUM FOR THE
PERIOD OF NOVEMBER 1, 2014, THROUGH OCTOBER 31, 2015,
APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE THE
FOLLOWING YEAR LENDING LOAN AGREEMENT ENDING
OCTOBER 31, 2016 (600.30)
10. ADDITIONAL COST IN THE AMOUNT OF $8,091 FOR GEOTECHNICAL
TESTING AND INSPECTION SERVICES FOR THE DEL OBISPO STREET
FOR THE DEL OBISPO STREET WIDENING PROJECT FROM ALIPAZ
STREET TO PASEO ADELANTO WITH SMITH-EMERY LABORATORIES,
APPROVED (CIP 07107) (600.30)
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11. PERSONAL SERVICES AGREEMENTS WITH DOTY BROS. CONSTRUCTION,
W.A. RASIC CONSTRUCTION, AND CHARLES KING COMPANY, TO
PROVIDE WATER, SEWER, AND STORM DRAIN MAINTENANCE SERVICES
FOR A THREE-YEAR TERM IN AN AMOUNT NOT TO EXCEED $120,000 PER
s YEAR CONTRACTOR FOR TOTAL AMOUNT TO EXCEED $360,000
PER YEAR, APPROVED; AND EMERGENCY PURCHASE AUTHORIZATIONS
FOR W.A. RASIC CONSTRUCTION IN THE AMOUNT OF $11,199.96 FOR
PIPELINE REPAIRS, RATIFIED (600.30)
PUBLIC HEARINGS:
1. RESOLUTION NO. 14-10-07-01 ADOPTED UPHOLDING PLANNING
COMMISSION DENIAL OF A REQUEST FOR APPROVAL OF A SHARED
PARKING PLAN FOR THE MERCADO EL REY CONVENIENCE STORE
LOCATED AT 32252-32254 CAMINO CAPISTRANO (ASSESSOR PARCEL
NUMBER 668-453-16) (APPLICANT: MERCADO EL REY) — CONTINUED
FROM SEPTEMBER 16, 2014 (460.70)
• Public Correspondence: Laura C. Hess, Kring & Chung, LLP; and
L. Daniel Malcolm, Dove Capistrano Partners, LLC.
Charles View, Development Services Director, provided a staff report and
responded to questions.
Mayor Allevato opened the public hearing and invited testimony.
Public Testimony: Dan Malcolm, Dove Capistrano Partners, LLC;
Ziad Faraj, Mercado EI Rey; Laura Hess, Mercado EI Rey Attorney;
Andy Lambert, Dove Capistrano, LLC; Gina Austin, Austin Legal Group;
Dan Friess, City resident; and Rick Friess, 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.
14-10-07-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, UPHOLDING PLANNING
COMMISSION DENIAL OF A REQUEST FOR APPROVAL OF A SHARED
PARKING PLAN FOR THE MERCADO EL REY CONVENIENCE STORE
LOCATED AT 32252-32254 CAMINO CAPISTRANO (ASSESSOR PARCEL
NUMBER 668-453-16) (APPLICANT: MERCADO EL REY)."
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)
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ADMINISTRATIVE ITEMS:
H1. DEVELOPMENT SERVICES
a. PREFERRED LOCATION FOR OFF-SITE HABITAT RESTORATION LOCATED
ADJACENT TO THE 2C RANCH RESTORATION AREA FOR THE PACIFICA
SAN JUAN PROJECT TO FACILITATE THE IMPLEMENTATION OF THE
SPECIAL 4(D) RULE INTERIM HABITAT LOSS MITIGATION PLAN
(IHLMP) REQUIRED PER UNITED STATES FISH AND WILDLIFE SERVICES
(USFWS) AND CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
(CDFW) (COLLECTIVELY, "RESOURCE AGENCIES"), APPROVED; AND
DEVELOPMENT SERVICES DIRECTOR AUTHORIZED TO NOTIFY THE
RESOURCE AGENCIES OF THE CITY'S SUPPORT FOR THIS PREFERRED
OPTION (530.25)
Charles View, Development Services Director, provided an agenda report and
responded to questions. Derek Ostensen, Restoration Ecologist/Consultant,
provided a PowerPoint presentation and responded to questions.
• Public Comments: Steve Letterly, and Mike Roberts, DMB Pacific Ventures.
Council Action: Moved by Mayor pro tem Kramer, seconded by Council
Member Taylor, and carried unanimously to approve the preferred location for
off-site habitat restoration located adjacent to the 2C Ranch Restoration Area for
the Pacifica San Juan project to facilitate the implementation of the Special 4(d)
Rule Interim Habitat Loss Mitigation Plan (IHLMP) required per United States
Fish and Wildlife Services (USFWS) and California Department of Fish and
Wildlife (CDFW) (collectively, "Resource Agencies"); and authorize the
Development Services Director to notify the Resource Agencies of the City's
support for this preferred option.
ORDINANCES: None.
COUNCILMANIC ITEMS: None.
ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting at 10:42 p.m. to
Tuesday, October 21, 2014, at 3:00 p.m. for Closed Session, and 4:00 p.m. for the
public Business Session, in the Board Room at the Capistrano Unified School District
Education Center, located at 33122 Valle Road, San Juan Capistrano, CA 92675.
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Res ec y submitted,
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Approved: October 21, 2014
ATTEST:
M ALLEY O, MAYOR
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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 October 7, 2014, at 10:42 p.m., on to
Tuesday, October 21, 2014, at 3:00 p.m. for Closed Session and 4:00 p.m. for the
C bli Busi ess Session, in the Board Room, located at 33122 Valle Road, San Juan
apf t no.
DATE October,8, 2014
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Mar Mrs, ity ler
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 t above Notice was posted at or near the door of the City Council Chamber on
Octobe 8, 014, within 24 hours of adjournment of the above-named meeting.
I declar , n r penalty of perjury that the foregoing is true and correct.
Maria Work, City blerk
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