14-1104_CC_Minutes_Adjourned Regular Meeting MINUTES
November 4, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
ADJOURNED REGULAR MEETING
CLOSED SESSION: Listed at the end of the Minutes.
BUSINESS SESSION:
Mayor Allevato called the November 4, 2014, Adjourned Regular Meeting of the
City Council to order at 3:08 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 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:
• South Orange County Wastewater Authority Finance Meeting.
• Associated Senior Action Program Luncheon.
• German Rotarians at the Mission Event.
• Plant Tour at Reata Park and Event Center.
• De Angelis Vocal Group Event.
• San Onofre Nuclear Generating Station — Nuclear Regulatory Commission Meeting.
• San Juan Basin Authority Regular and Special Meetings.
• Reagan Movie Premier.
• UN Day at Mission School.
• Ribbon Cutting Ceremony— Las Catrinas.
• Day of the Dead at the Library.
• Make a Difference Event at the Community Presbyterian Church.
• Caltrans Meeting Regarding Interchange Project.
INTRODUCTIONS AND PRESENTATIONS: None.
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ORAL COMMUNICATIONS/CLOSED SESSION COMMENTS:
• Barbara Szemenyei, City resident; John Gilloti, Chamber of Commerce; Ian Smith,
City resident; John Perry, City resident; Thomas Whaling, City resident (provided
handout); Mary D. Friends of the Library (presented to the City Council "Spirit of
San Juan Capistrano" Book"); Chris Zamoscianyk, City resident; and Josh Host,
Urban Village.
CONSENT CALENDAR:
Council Action: Moved by Council Member Byrnes, seconded by Mayor pro tem
Kramer, and carried unanimously to approve consent calendar items 1 through 3, as
recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
OCTOBER 21, 2014, APPROVED
3. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED OCTOBER 1, 2014; CHECKS AND ELECTRONIC TRANSACTIONS
DATED OCTOBER 3, 2014, TO OCTOBER 16, 2014; PAYROLL (CHECKS)
DATED OCTOBER 16, 2014; PAYROLL (DIRECT DEPOSIT) DATED
OCTOBER 17, 2014; PAYROLL (CHECKS) DATED OCTOBER 24, 2014; AND
PAYROLL (DIRECT DEPOSITS) DATED OCTOBER 24, 2014 (300.30)
4. CONSIDERATION OF A TWO-YEAR RIDING PARK MANAGEMENT
AGREEMENT FOR CALENDAR YEARS 2015 AND 2016 BY AND BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND BLENHEIM FACILITIES
MANAGEMENT, LLC (600.30) — ITEM CONTINUED TO NOVEMBER 18, 2014
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. FINANCE SERVICES
RESOLUTION NO. 14-11-04-01 ADOPTED AUTHORIZING THE ISSUANCE,
SALE AND DELIVERY OF NOT TO EXCEED $22,000,000 AGGREGATE
PRINCIPAL AMOUNT OF CITY OF SAN JUAN CAPISTRANO WATER
REVENUE REFUNDING BONDS, SERIES 2014A TO REFUND INSTALLMENT
PAYMENTS EVIDENCED BY SAN JUAN CAPISTRANO PUBLIC FINANCING
AUTHORITY CERTIFICATES OF PARTICIPATION, SERIES 2002 AND 2004
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AND THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS AND,
AUTHORIZING CERTAIN OTHER ACTIONS RELATING THERETO; AND
RESOLUTION NO. 14-11-04-02 ADOPTED APPROVING THE EXECUTION
AND DELIVERY OF AN AMENDED AND RESTATED LEASE AGREEMENT TO
BE ENTERED INTO WITH THE SAN JUAN BASIN AUTHORITY AND
APPROVING CERTAIN DOCUMENTS AND AUTHORIZING CERTAIN
ACTIONS IN CONNECTION WITH THE ISSUANCE BY THE SAN JUAN BASIN
AUTHORITY OF ITS SAN JUAN BASIN AUTHORITY LEASE REVENUE
BONDS (GROUND WATER RECOVERY PROJECT) ISSUE OF 2014 TO
REFUND CERTAIN OUTSTANDING LEASE REVENUE BONDS AND OTHER
MATTERS RELATED THERETO (340.30)
Cindy Russell, Chief Financial Officer/City Treasurer, provided an Agenda
Report and responded to questions. Jim Fabian, Fieldman, Rolapp & Associates,
provided a PowerPoint presentation and responded to questions. Steve Spitz,
Orrick Herrington & Sutcliffe, LLP, responded to questions.
• Public Comments: John Perry, City resident.
1St Council Action: Moved by Council Member Reeve, seconded by Mayor pro
tem Kramer, and carried unanimously to adopt RESOLUTION NO.
14-11-04-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO AUTHORIZING THE ISSUANCE, SALE AND
DELIVERY OF NOT TO EXCEED $22,000,000 AGGREGATE PRINCIPAL
AMOUNT OF CITY OF SAN JUAN CAPISTRANO WATER REVENUE
REFUNDING BONDS, SERIES 2014A TO REFUND INSTALLMENT
PAYMENTS EVIDENCED BY SAN JUAN CAPISTRANO PUBLIC FINANCING
AUTHORITY CERTIFICATES OF PARTICIPATION, SERIES 2002 AND 2004
AND THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS AND
AUTHORIZING CERTAIN OTHER ACTIONS RELATING THERETO."
2nd Council Action: Moved by Mayor pro tem Kramer, seconded by Council
Member Taylor, and carried 4-1 with Council Member Reeve opposed to adopt
RESOLUTION NO. 14-11-04-02 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY. OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE EXECUTION AND DELIVERY OF AN AMENDED AND
RESTATED LEASE AGREEMENT TO BE ENTERED INTO WITH THE SAN
JUAN BASIN AUTHORITY AND APPROVING CERTAIN DOCUMENTS AND
AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE
BY THE SAN JUAN BASIN AUTHORITY OF ITS SAN JUAN BASIN
AUTHORITY LEASE REVENUE BONDS (GROUND WATER RECOVERY
PROJECT) ISSUE OF 2014 TO REFUND CERTAIN OUTSTANDING LEASE
REVENUE BONDS AND OTHER MATTERS RELATED THERETO."
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
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ORDINANCES:
1. ORDINANCE 1018 ADOPTED AMENDING THE OFFICIAL ZONING MAP
FROM AGRI-BUSINESS DISTRICT TO SPECIFIC PLAN/PRECISE PLAN
DISTRICT AND APPROVING THE ASSOCIATED DEVELOPMENT
AGREEMENT FOR THE SPIEKER CONTINUING CARE RETIREMENT
COMMUNITY PROJECT (REZONE 13-005 AND DA 14-003)
(460.20/440.25/410.50/600.30)
Maria Morris, City Clerk, provided an Agenda Report.
• Public Comments: Steve Szemenyei, City resident; and Thomas Whaling,
City resident.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Taylor, seconded by Mayor pro tem
Kramer, and carried 3-2 with Council Member Byrnes and Council Member
Reeve opposed to adopt Ordinance 1018 entitled "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE OFFICIAL ZONING MAP FROM AGRI-BUSINESS DISTRICT
TO SPECIFIC PLAN/PRECISE PLAN DISTRICT AND APPROVING THE
ASSOCIATED DEVELOPMENT AGREEMENT FOR THE SPIEKER
CONTINUING CARE RETIREMENT COMMUNITY PROJECT (REZONE 13-005
AND DA 14-003)."
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
COUNCILMANIC ITEMS: Council Member Reeve suggested looking into a new
speaker timer clock for the City Council Chamber.
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 Byrnes, seconded by Council Member Taylor, and carried
unanimously to add to the Agenda the following Closed Session item: Pursuant to
Government Code Section 54956.9(a) & (d) (1), the City Council will confer with legal
counsel pertaining to existing litigation in the matter of Urban Village Development
Company LLC vs. City of San Juan Capistrano, at. al. OC Superior Court Case
No. 30-2013-00688382.'`
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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(c), the CityCouncil conferred
with legal counsel pertaining to potential item for litigation (1 Item).
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b. 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 (Owner: Capistrano Unified School District); 31522
Camino Capistrano, and 26841 and 26801 La Plaza (Owner: Mission Basilica
San Juan Capistrano); 31551 Camino Capistrano (Owner: Albert L. Meyling);
31741 Camino Capistrano (Owner: Ortega, William); 31731 Camino Capistrano
(Owner: Bertolino, Ralph Alan); 26802 Avenida Padre (Owner: Daniel & Natalie
Friess Trust); 32401 Camino Capistrano (Owner: Del Rio Jb LLC); 32341
Camino Capistrano (P. 1), 32391 and 32401 Camino Capistrano (P. 2), and SW
corner of driveway (immediately south of Avenida Padre) (Owner: Del Rio Jb
LLC); and NW corner of San Juan Creek Road (Owner: Orange County Flood
Control District - San Juan Creek Channel).
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 Urban Village Development Company LLC vs. City of San Juan
Capistrano, at. al. OC Superior Court Case No. 30-2013-00688382.*
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Hans Van Ligten, City Attorney,
announced the City Council directed legal counsel to defend the City on the
matter of Urban Village Development Company LLC vs. City of San Juan Capistrano
(Closed Session Item C).
ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting at 6:04 p.m. to
Tuesday, November 18, 2014, at 3:00 p.m. for an Adjourned Regular Meeting; and then
to Tuesday, November 18, 2014, at 5:00 p.m. for Closed Session, and 6:00 p.m. for the
public Business Session, in the City Council Chamber.
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Respectfully submitted,
M"IA , CIV CL RK
Approved: November 18, 2014
ATTEST:
M ALLEVATO, MAYOR
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