Loading...
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. 1 • 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. i 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. 2 12/16/2014 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) i 3 12/16/2014 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. 5 12/16/2014 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. i 6 12/16/2014 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. I 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„