14-1216_CC_Minutes_Adjourned Regular Meeting MINUTES
December 16, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
ADJOURNED REGULAR MEETING
CLOSED SESSION: Please refer to separate Special Meeting minutes.
BUSINESS SESSION:
Mayor Reeve called the Adjourned Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 5:15 p.m. in the City Council Chamber.
Council Member Ferguson, led the Pledge of Allegiance and Council Member Allevato
gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Sam Allevato, Roy L. Byrnes, M.D., Kerry K.
Ferguson, Mayor pro tem Pam Patterson, Esq. and Mayor Derek Reeve.
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:
• Association of California Cities — Orange County Meeting.
• San Juan Basin Authority Meeting.
• South Orange County Wastewater Authority Meeting.
• Transportation Corridor Agencies Board and Mobility Ad-Hoc Committee Meetings.
• Meeting with new Orange County Register reporter Matthew Fleming.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM PATTERSON INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Gerald Muir, Parks, Recreation and Senior
Services Commission and Youth Advisory Board; Ronald Denman, and Steve
Behmerwohld, Parks, Recreation and Senior Services Commission;
and Dan Glasgow, Utilities Commission.
2. ACCOMPLISHMENTS FOR PHASE 1A, RECEIVED AND FILED; DIRECTION
PROVIDED ON THE DOWNTOWN PHASE 1B PILOT PARKING
MANAGEMENT PROGRAM; AND, ADJUSTMENT TO INCREASE THE FISCAL
YEAR 2014-2015 APPROPRIATION FOR THE MULTI-MODAL PARKING LOT
PAVEMENT OVERLAY, SLURRY AND STRIPING PROJECT (CIP 15301) BY
$44,000 WITH FUNDING FROM A TRANSFER FROM THE PARKING
MAINTENANCE FUND, APPROVED (570.10)
George Alvarez, City Engineer, provided an agenda report and responded to
questions.
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• Public Comments: Tom Hribar, City resident; and Mike Johnson,
City resident.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Byrnes, and carried unanimously to receive and file the
accomplishments for Phase 1A; consider and provide input and direction; and to
approve an adjustment to increase the fiscal Year 2014-2015 appropriation for
the Multi-Modal Parking Lot Pavement Overlay, Slurry and Striping
Project (CIP 15301) by $44,000 with funding from a transfer from the
Parking Maintenance Fund.
ORAL COMMUNICATIONS:
• Tracy Weintraub, City resident (provided handout); Debbie Weddle, Laguna Niguel
resident; Thomas Whaling, City resident; Paul Jenkinson, Pacifica San Juan
Community Association; Steven Cullen, San Clemente resident; Steve
Behmerwohld, City resident; Mike Johnson, City resident; Kim McCarthy,
City resident; Donna Fleming, City resident; Steve Oedekerk, City resident;
David Manthe, City resident; Steve Szemenyei, City resident; and Troy Bourne,
City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Allevato, seconded by Council Member
Byrnes, and carried unanimously to approve consent calendar items 1 through 3, 6, 7,
9, 10, and 12, as recommended by staff with Council Member Allevato abstained from
consent calendar 9.
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1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF DECEMBER 2, 2014,
APPROVED.
3. CITY COUNCIL MINUTES — SPECIAL MEETING OF DECEMBER 8, 2014,
(CLOSED SESSION) APPROVED.
4. CHECK REGISTERS FOR ELECTRONIC TRANSACTIONS DATED
NOVEMBER 14, 2014, TO NOVEMBER 27, 2014; PAYROLL (DIRECT
DEPOSITS) DATED DECEMBER 5, 2014; AND PAYROLL (CHECKS) DATED
DECEMBER 5, 2014, RECEIVED AND FILED (300.30)
Cindy Russell, Chief Financial Officer/City Treasurer, and Lt. John Meyer, Chief
of Police Services, responded to questions.
Council Action: Moved by Council Member Byrnes, seconded by Council
Member Allevato, and carried unanimously to receive and file.
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5. ANNUAL FINANCIAL REPORT OF DEVELOPMENT IMPACT FEES
PURSUANT TO GOVERNMENT CODE SECTION 66006 (AB 1600),
RECEIVED AND FILED (420.20)
J Council Action: Moved by Council Member Byrnes, seconded by Council
Member Allevato, and carried unanimously to receive and file.
6. SECOND AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH
ALEXANDER'S INCORPORATED TO EXTEND CONTRACTED METER
READING SERVICES THROUGH FEBRUARY 28, 2015, APPROVED (320.10)
7. RESOLUTION 14-12-16-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REVISING THE TIME OF THE REGULAR MEETINGS OF THE CITY COUNCIL
AND REPEALING RESOLUTIONS NO. 11-02-01-01" (610.15)
8. ALL POSITIONS DECLARED VACANT IN CITY COMMISSIONS AND
COMMITTEES AS OF MARCH 31, 2015; AND CITY CLERK DIRECTED TO
PREPARE AND POST APPROPRIATE NOTICES TO SOLICIT APPLICATIONS
(110.20)
Maria Morris, City Clerk, provided an Agenda Report.
• Public Comments: Steve Behmerwohld, City resident.
4 Council Action: Moved by Council Member Allevato, seconded by Council
J Member Byrnes, and carried unanimous) to declare all Ci Commissions and
Y Y City
Committees vacant as of March 31, 2015; and City Clerk directed to prepare and
post appropriate notices and to solicit applications.
9. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
Council Member Allevato abstained due to his residence proximity to a proposed
project.
10. RESOLUTION 14-12-16-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK COMPLETED AS TO PLANS AND SPECIFICATIONS FOR
THE EL CAMINO REAL AT DON JUAN AVENUE RETAINING WALL PROJECT
(EXCAVATING ENGINEERS, INC.);" CITY CLERK DIRECTED TO PROCESS
RECORDING OF A NOTICE OF COMPLETION; AND STAFF DIRECTED TO
RELEASE PROJECT RETENTION, IN THE AMOUNT OF $23,262.73 THIRTY-
FIVE DAYS AFTER RECORDATION (600.30)
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11. RESOLUTION 14-12-16-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO STOPPING 7:00 AM — 4:00 PM MONDAY — FRIDAY
SCHOOL DAYS" ON CAMINO LACOUAGUE AND RESCINDING RESOLUTION
NO. 09-12-01-06 AND 09-12-01-07" AND RESOLUTION 14-12-16-04
ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "TWENTY
MINUTE PARKING 7:00 AM — 4:00 PM MONDAY — FRIDAY SCHOOL DAYS"
ON CAMINO LACOUAGUE AND RESCINDING RESOLUTION NO. 09-12-01-06
AND 09-12-01-07" (570.10)
George Alvarez, City Engineer/Traffic Engineer, provided an Agenda Report and
responded to questions.
• Public Comments: Mike Johnson, City resident; and Anne Fox, City resident.
Council Action: Moved by Mayor pro tem Patterson, seconded by Council
Member Ferguson, and carried unanimously to adopt RESOLUTION 14-12-16-
03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO STOPPING 7:00 AM
— 4:00 PM MONDAY — FRIDAY SCHOOL DAYS" ON CAMINO LACOUAGUE
AND RESCINDING RESOLUTION NO. 09-12-01-06 AND 09-12-01-07" and
adopt RESOLUTION 14-12-16-04 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "TWENTY MINUTE PARKING 7:00 AM — 4:00 PM MONDAY —
FRIDAY SCHOOL DAYS" ON CAMINO LACOUAGUE AND RESCINDING f
RESOLUTION NO. 09-12-01-06 AND 09-12-01-07."
12. LEGAL SERVICES AGREEMENT WITH BROWNSTEIN HYATT FARBER
SCHRECK FOR WATER RIGHTS AND WATER RESOURCE ISSUE, IN AN
AMOUNT NOT TO EXCEED $50,000, APPROVED (600.30)
13. SITE LICENSE AND USE AGREEMENT WITH VICTORY SPORTS FOR USE
OF THE MULTIPURPOSE FACILITY AT MARCO FORSTER MIDDLE SCHOOL,
LOCATED AT 3 VIA POSITIVA, APPROVED (600.30)
Cynthia Alexander, Community Services Director, responded to questions.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Byrnes, and carried unanimously to award a Site License and
Use Agreement to Victory Sports for use of the multipurpose facility at
Marco Forster Middle School, located at 3 Via Positiva.
PUBLIC HEARINGS: None.
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) ,--,
4 12/16/2014
ADMINISTRATIVE ITEMS:
G1 CITY CLERK
a. ORANGE COUNTY REGISTRAR OF VOTER'S CERTIFICATE AS TO
CERTIFICATION OF THE SIGNATURES ON THE REFERENDUM PETITION
ENTITLED "REFERENDUM AGAINST AN ORDINANCE PASSED BY THE CITY
COUNCIL — RESOLUTION NO. 14-10-21-04," RECEIVED AND FILED; AND
RESOLUTION 14-12-16-05 ADOPTED REPEALING RESOLUTION 14-10-21-04
APPROVING A REFERENDUM AGAINST APPROVAL OF GENERAL PLAN
AMENDMENT (GPA 13-002) AND SPECIFIC PLAN (SP14-001) FOR THE
SPIEKER CONTINUING CARE RETIREMENT COMMUNITY ON 35 ACRES
LOCATED AT 32382 DEL OBISPO STREET; AND, ADJUSTMENT TO THE
CITY'S FISCAL YEAR 2014-2015 OPERATING BUDGET TO REDUCE
APPROPRIATIONS IN THE CITY'S FAICLITIES OPERATION FUND (FUND 81)
BY $7,200 AND INCREASE APPROPRIATIONS IN THE CITY'S GENERAL
FUND (FUND 01) BY $7,200 TO COVER THE COST FROM THE REGISTRAR
OF VOTERS TO VERIFY THE NUMBER OF SIGNATURES REQUIRED FOR
THE REFERENDUM, APPROVED (630.20)
• Public Correspondence: Donna Murray, City resident; Beverly Blake,
City resident; Tom Vlahos, City resident; Jason Auclair, City resident; Ruby
Auclair, City resident; Tina Fonte Auclair, City resident; Dick Hartl,
City resident; Amy MacBride, City resident; John Bates, City resident; Phil
MacBride, City resident; Dr. and Mrs. Raymond E. Ponce, City residents;
Samantha Hammer, City resident; Ron Bauer, City resident; Norman and
Terri Johnson, City residents; Kathleen A. Allen, City resident; Joseph and
Joyce Nisdhimura, City resident; Joan Hartl, City resident; William and Carol
Bilhorn; Betty Lee Parker, City resident; Leonie A. Heizman, City resident;
Barry Chapman, City resident; Georgianna and Ted Hales, City resident; Mr.
and Mrs. Barry Roberson, City resident; Ron Kotloff, City resident; Janet E.
Woods, City resident; Woody Woods, City resident; Jill Allen,
City resident; Elaine and Bob Ockner, City resident; Charles L. Heizman,
City resident; Nina L. Nance, City resident; Shirley Sauvageau,
City resident; Janet M. Reed, City resident; and, Diana Doll, City resident.
Maria Morris, City Clerk, provided an agenda report and responded to
questions.
• Public Comment: Troy Bourne, Spieker Senior Development Partners
Applicant; Richard Toon, City resident; Phillip Schwartze, representing
Vermeulen Family (provided handout); Tina Auclair, City resident;
Tracy Weintraub, City resident; Robyn Robinson, City resident;
Thomas Whaling, City resident; Anna Dickinson, City resident;
Steve Behmerwohld, City resident; Taylor Bentley, no residence provided
(read letter from Ted Rosenfeldt; Blake Johnson, Oceanside resident;
Donna Fleming, City resident; Kim McCarthy, City resident;
Barbara Szemenyei, City resident; Mike Johnson, City resident; Ian Smith,
City resident; Dan Glasgow, City resident; Steve Szemenyei, City resident;
and Larry Beardman, City resident.
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1st Council Action: Moved by Mayor Reeve, seconded by Council Member
Byrnes, and carried 4-1 with Council Member Allevato opposed to receive
and file the Orange County Registrar of Voter's Certificate as to Certification
of the Signatures on the Referendum Petition entitled, "Referendum Against
and Ordinance Passed by the City Council — Resolution No. 14-10-21-04."
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Ferguson, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
2nd Council Action: Moved by Mayor Reeve, seconded by Mayor pro tem
Patterson, and carried 4-1 with Council Member Allevato opposed to adopt
Resolution 14-12-16-05 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING
RESOLUTION 14-10-21-04 APPROVING A REFERENDUM AGAINST
APPROVAL OF GENERAL PLAN AMENDMENT (GPA 13-002) AND
SPECIFIC PLAN (SP14-001) FOR THE SPIEKER CONTINUING
CARE RETIREMENT COMMUNITY ON 35 ACRES LOCATED AT 32382
DEL OBISPO STREET."
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Ferguson, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
Td Council Action: Moved by Mayor Reeve, seconded by Council Member
Byrnes, and carried 4-1 with Council Member Allevato opposed to approve an
adjustment to the City's Fiscal Year 2014-2015 Operating Budget to reduce
appropriations in the City's Facilities Operation Fund (Fund 81) by $7,200 and
increase appropriations in the City's General Fund (Fund 01) by $7,200, to
cover the cost from the Registrar of Voters to verify the number of signatures
required for the referendum.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Ferguson, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
ORDINANCES: None.
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COUNCILMANIC ITEMS:
u 1. MEMBERS APPOINTED TO SERVE AS REPRESENTATIVES TO VARIOUS
OUTSIDE AGENCIES THROUGH DECEMBER 2015 (OR SPECIFIC TERM
WHERE NOTED); RESOLUTION 14-12-16-06 ADOPTED DESIGNATING A
REPRESENTATIVE AND ALTERNATE TO THE ORANGE COUNTY FIRE
AUTHORITY'S BOARD OF DIRECTORS; AND CITY CLERK DIRECTED TO
UPDATE AND POST THE FAIR POLITICAL PRACTICES COMMISSION
(FPPC) FORM 806 ON THE CITY'S WEBSITE (610.60)
Maria Morris, City Clerk, provided an Agenda Report.
Council Action: Moved by Mayor Reeve, seconded by
Council Member Allevato, and carried unanimously to adopt Resolution No.
14-12-16-06 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING A
REPRESENTATIVE AND ALTERNATE TO THE ORANGE COUNTY FIRE
AUTHORITY'S BOARD OF DIRECTORS;" and City Clerk directed to update and
post to the City's website Fair Political Practices Commission (FPPC) Form 806
(Agency Report of Public Official Appointments).
League of Cities— Orange County Division
Moved by Mayor Reeve, seconded by Mayor pro tem Patterson, and carried
unanimously to make the following appointments to the League of Cities —
Orange County Division:
Kerry K. Ferguson, Member
Pam Patterson, Esq., Alternate
Orange County Library Advisory Board
Moved by Mayor Reeve, seconded by Council Member Byrnes, and carried
unanimously to make the following appointments to the Orange County Library
Advisory Board:
Sam Allevato, Member
Pam Patterson, Esq., Alternate
San Juan Basin Authority
Moved by Mayor Reeve, seconded by Council Member Byrnes, and carried
unanimously to make the following appointments to the San Juan Basin
Authority:
Roy L. Byrnes, M.D., Member
Derek Reeve, Alternate
7 12/16/2014
Desalination Project Participate Committee
Moved by Mayor Reeve, seconded by Mayor pro tem Patterson, and carried
unanimously to make the following appointments to the Desalination Project
Participate Committee:
Roy L. Byrnes, M.D., Member
Kerry K. Ferguson, Alternate
South Orange County Watershed Management Area (SOCWMA)
Moved by Mayor Reeve, seconded by Council Member Byrnes, and carried
unanimously to make the following appointments to the South Orange County
Watershed Management Area:
Ray Miller, Member
Roy L. Byrnes, M.D., Alternate
South County gencies Group
Moved by Mayor Reeve, seconded by Council Member Ferguson, and carried
unanimously to make the following appointments to the South County Agencies
Group:
Roy L. Byrnes, M.D., Member
Pam Patterson, Esq., Alternate
California Joint Powers Insurance Authority (CJPIA)
Moved by Mayor Reeve, seconded by Council Member Allevato, and carried
unanimously to make the following appointments to the California Joint Powers
Insurance Authority:
Pam Patterson, Esq., Member
Sam Allevato, Alternate
Orange County Vector Control
Moved by Mayor Reeve, seconded by Council Member Allevato, and carried
unanimously to make the following appointment to the Orange County Vector
Control, term ending December 31, 2016:
Pam Patterson, Esq., Member
Southern California Association of Governments (SCAG)
Moved by Mayor Reeve, seconded by Mayor pro tem Patterson, and carried
unanimously to make the following appointments to the Southern California
Association of Governments:
Kerry K. Ferguson, Member
Pam Patterson, Esq., Alternate
8 12/16/2014
Orange County Fire Authority (OCFA)
Moved by Mayor Reeve, seconded by Council Member Byrnes, and carried
unanimously to make the following appointments to the Orange County Fire
Authority:
LSam Allevato, Member
Derek Reeve, Alternate
South Orange County Wastewater Authority Joint Powers Authority (SOCWA)
Moved by Mayor Reeve, seconded by Council Member Byrnes, and carried
unanimously to make the following appointments to the South Orange County
Wastewater Authority Joint Powers Authority:
Ray Miller, Member
Roy L. Byrnes, M.D., Alternate
Transportation Corridors Agencies (Foothill/Eastern & San Joaquin Hills)
Moved by Mayor Reeve, seconded by Council Member Byrnes, and carried
unanimously to make the following appointments to the Transportation Corridors
Agencies (Foothill/Eastern 241 Toll Road & San Joaquin Hills 73 Toll Road):
Sam Allevato, Member
Derek Reeve, Alternate
SONGS Decommissioning Community Engagement Panel — CONTINUED TO
JANUARY 20, 2015
Council Member Ferguson expressed appreciation for the City Council's earlier meeting
start time, which felt provides a greater opportunity for public involvement; and made a
statement on Mayor pro tem Patterson's great research abilities.
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at 8:32 p.m. to
Tuesday, Jq nuary 20, 2015, at 4:00 p.m. for Closed Session and 5:00 p.m. for a public
BJsA
sion, in the City Council Chamber.
Rubmitted,I , CITY "K
Approved: Ja uary 20, 2015
ATTEST:
DEREK REEVE, MAYOR
9 12/16/2014
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 December 2, 2014, at 9:27 p.m., on to
Tuesday, December 16, 2014, at 3:00 p.m. for Closed Session; and 5:00 p.m. for the
public Buspness Session, in the City Council Chamber 32400 Paseo Adelanto, San Juan
Capisrand.
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DATA 1:: December 3, 20.1.4
Maria M'vrrts \City Clerk
STATE OF CALIFORNIA j
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO j
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby declare
that the :r�
b3ve20104,
Ntice was posted at or near the door of the City Council Chamber on
Decem within 24 hours of adjournment of the above-named meeting.
! i
I declar er penalty of perjury that the foregoing is true and correct.
Maria Morris, bty Cler„