15-0203_CC_Minutes_Regular Meeting MINUTES
February 3, 2015
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: Please refer to separate Special Meeting minutes.
BUSINESS SESSION:
Mayor Reeve called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 5:12 p.m. in the City Council Chamber.
Mayor pro tem Patterson led the Pledge of Allegiance and Council Member Byrnes
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.
MEETING DEDICATION: Mayor Reeve dedicated the meeting in memory of
Jaiden Liborio, Iker Liborio and Maricela Sanchez, whose lives were tragically lost in a
recent fire on La Zanja Street.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
® t. John Meyer's Retirement Party.
Orange County Fire Authority Board of Director's Meeting.
i Heritage and Tourism Association Launch Party at the Mission San Juan
Capistrano.
S Transportation Corridor Agencies Joint Marketing Ad-Hoc Meeting.
0 The Groves site visit by Habitat for Humanity.
0 Orange County Library Advisory Board Meeting.
0 7 t Annual "Best and Bravest" Awards Ceremony for the Orange County Fire
Authority Firefighters.
0 1P Annual Car Show, sponsored by the San Juan Capistrano Rotary Club.
® Mission San Juan Capistrano Volunteer and Employee Appreciation Luncheon.
a University of California, Irvine — Public Policy Maker Class.
49 "Ghost Train" Meeting.
® Camp Pendleton's Change of Command Ceremony.
1
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM PATTERSON INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Ilse Byrnes, Open Space, Trails and
Equestrian Commission; William Bonney, Cultural Heritage Commission;
Gerald Muir, Parks, Recreation and Senior Services Commission and Youth
Advisory Board; Ron Denman, Kathy Hooper and Steve Behmerwohld, Parks,
Recreation and Senior Services Commission; and Erica Delamare and
Julia Delamare, Youth Advisory Board.
2. ST. MARGARET EPISCOPAL SCHOOL TARTANS FOOTBALL TEAM,
RECOGNIZED (610.40)
3. LIEUTENANT JOHN MEYER RECOGNIZED ON HIS RETIREMENT AND HIS
LOYAL SERVICES TO THE RESIDENTS OF SAN JUAN CAPISTRANO
(610.40)
4. DEPUTY ALBERTO PEREZ RECOGNIZED AS DEPUTY OF THE YEAR
(610.40)
5. ALL WHO ASSISTED AND CAME TOGETHER TO HELP THE COMMUNITY
DURING THE JANUARY 20, 2015, FIRE ON LA ZANJA STREET,
RECOGNIZED (610.40)
6. PRESENTATION PROVIDED BY THE TRANSPORTATION CORRIDOR
AGENCIES REGARDING THE SAN JOAQUIN HILLS REFINANCE (1010.50)
Amy Potter, Transportation Corridor Agencies, provided a PowerPoint
presentation and responded to questions.
ORAL COMMUNICATIONS:
B Erica Delamare, Youth Advisory Board; Robert Kline, West Coast Film Festival;
Domingo Belardes, Blas Aguilar Adobe Foundation (provided handout); Steven
Cullen, San Clement resident; Gila Jones, City resident; Mary D., Friends of the
Library; Kim McCarthy, City resident; Tom Scott, Camino Real Playhouse; and
Clint Worthington, City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Byrnes, seconded by Council Member
Allevato, and carried unanimously to approve consent calendar items 1 through 4, 7
through 13, as recommended by staff, with Council Member Allevato opposed to
consent calendar 12.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2, CITY COUNCIL MINUTES — SPECIAL MEETING OF JANUARY 20, 2015,
APPROVED.
2 2/3/2015
3. CITY COUNCIL MINUTES — SPECIAL MEETING (CLOSED SESSION) OF
JANUARY 20, 2015, APPROVED.
4. CITY COUNCIL MINUTES — ADJOURNED REGULAR OF JANUARY 20, 2015,
APPROVED.
5, CHECK REGISTERS FOR ELECTRONIC TRANSACTIONS DATED
JANUARY 9, 2015, TO JANUARY 22, 2015; PAYROLL (CHECK) DATED
JANUARY 2, 2015; PAYROLL (DIRECT DEPOSITS) DATED JANUARY 16,
2015; AND PAYROLL (CHECK) DATED JANUARY 16, 2015, RECEIVED AND
FILED (300.30)
Cindy Russell, Chief Financial Officer/City Treasurer, responded to questions.
Council Action: Moved by Council Member Byrnes, seconded by
Council Member Allevato, and carried unanimously to receive and file.
6. CASH AND INVESTMENT REPORT FOR MONTH ENDED
DECEMBER 31, 2014, RECEIVED AND FILED (350.30)
Cindy Russell, Chief Financial Officer/City Treasurer, responded to questions.
Council Action: Moved by Council Member Byrnes, seconded by
Council Member Ferguson, and carried unanimously to receive and file.
7. FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH
INTELLIBRIDGE PARTNERS TO PROVIDE PROFESSIONAL STAFFING
SERVICES FOR $40,000, FOR A TOTAL COST NOT TO EXCEED $65,000,
APPROVED (600.30)
8. FEE WAIVER FOR STONEYBROOKE CHRISTIAN SCHOOLS IN THE
AMOUNT OF $54.33, FOR THREE (3) HOUR, USED SHOE GIVE-AWAY
EVENT, AT EL CAMINO REAL PARK, ON FEBRUARY 4, 2015, APPROVED
(390.30)
9. MEMORANDUM OF UNDERSTANDING WITH THE SAN JUAN CAPISTRANO
GARDEN CLUB TO PROVIDE LANDSCAPE RESTORATION TO THE LA SALA
COURTYARD AND ENTRANCE FOR FIVE-YEARS, APPROVED (600.30)
10. CONTRACT WITH CHI CONSTRUCTION, INC., FOR THE SIDEWALK
CONSTRUCTION ON NORTH SIDE OF VIA POSITIVA STREET AND THE
INSTALLATION OF A LIGHTED CROSSWALK ON CAMINO DEL AVION AT
AVENDIA DESCANSO (CIP 08103) IN THE AMOUNT OF $187,459,
APPROVED; ALL OTHER BIDS REJECTED; CITY MANAGER AUTHORIZED
TO APPROVE CHANGES IN A TOTAL AMOUNT NOT TO EXCEED 10% OF
CONTRACT AMOUNT, APPROVED; REDUCTION OF FISCAL YEAR 2014-15
BUDGET FOR THE SIDEWALK CONSTRUCTION ON NORTH SIDE OF
VIA POSITIVA STREET AND THE INSTALLATION OF LIGHTED CROSSWALK
ON CAMINO DEL AVION AT AVENIDA DESCANSO PROJECT BY $19,616 TO
$249,909, APPROVED; AND REDUCTION OF THE FISCAL YEAR 2014-15
BUDGET FOR THE TRUBUCO CREEK ROAD IMPROVEMENTS PROJECT
(CIP 10104) FROM MEASURE M FUNDING AND INCREASE OF THE
MEASURE M FUNDING TO CIP 08103 BY $27,580, APPROVED (600.30)
3 2/3/2015
11. RESOLUTION 15-02-03-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL FOR THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING PARKING RESTRICTIONS IN THE DOWNTOWN AREA
RESCINDING ALL PREVIOUS DOWNTOWN PARKING RESTRICTIONS
ADOPTED BY RESOLUTION" (570.10)
® Public Correspondence: Mechelle Lawrence Adams, Mission San Juan
Capistrano.
12. CITY MANAGER DIRECTED TO RELEASE A REQUEST FOR PROPOSALS
FOR CITY ATTORNEY SERVICES (600.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Ferguson, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
13. LETTER CERTIFYING THE FINDING FOR PUBLIC CONVENIENCE OR
NECESSITY (PCN) REQUIRED BY THE STATE DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL FOR WE OLIVE TO OPERATE WITH A
TYPE 42 LICENSE FOR "ON-SALE BEER & WINE," AND TYPE 20 LICENSE
FOR "OFF-SALE BEER AND WINE' AT A PUBLIC PREMISE; AND
AUTHORIZE THE MAYOR TO SIGN, APPROVED (585.15)
MOTION TO RECONSIDER CONSENT CALENDAR ITEM D12:
1St Council Action: Moved by Mayor pro tem Patterson, seconded by
Mayor Reeve, and carried 4-0 with Council Member Allevato absent (stepped out of the
Council Chamber) to reconsider consent calendar item 12.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Ferguson, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato (stepped out of the Council Chamber)
2nd Council Action: Moved by Mayor Reeve, seconded by Council Member Allevato,
and carried unanimously to send out the Request for Proposals (RFP) for City Attorney
Services on February 4, 2015, with responses due back in three (3) weeks, and the
City Council shall interview the candidates forthwith not to exceed an additional
two (2) weeks.
PUBLIC HEARINGS: None.
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
4 2/3/2015
ADMINISTRATIVE ITEMS:
G1 CITY CLERK
a. CONSIDERATION OF PROCESS TO FILL. CITY COUNCIL VACANCY (610.50)
Dr. Byrnes recused himself and left the Council Chamber.
Maria Morris, City Clerk, provided an agenda report and responded to questions.
Hans Van Ligten, City Attorney, responded to questions.
• Public Correspondence: Due to the high volume of correspondences
received, correspondences are available for review at the City Clerk's Office,
and are also available as correspondence to the Agenda Report on the City's
website.
• Public Comment: Mike Johnson, City resident; Anna Dickinson, City resident;
Kathy Hooper, City resident; Barbara Szemenyei, City resident; Ian Smith,
City resident; Bill Bonney, City resident; and Clint Worthington, City resident.
1s� Council Action: Moved by Council Member Allevato, seconded by
Council Member Ferguson, and carried 4-0 with Council Member Byrnes recused
to select appointing a resident to fill Council Member Byrnes position, with the
appointed term expiring with the certification of the November 1, 2016, General
Municipal Election.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Allevato, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Byrnes
2nd Council Action: Moved by Mayor Reeve, seconded by Mayor pro tem
Patterson, and carried 3-0-1 with Council Member Byrnes recused and Council
Member Allevato opposed to adjourned the meeting of February 3, 2015, to
February 10, 2015, at 5:00 p.m. to consider the appointment of a resident to fill
the upcoming vacant City Council position.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Byrnes
5 2/3/2015
3rd Council Action: Moved by Council Member Reeve, seconded by
Council Member Allevato, and carried 4-0 with Council Member Byrnes recused
to select the following process for the City Council vacancy appointment:
Candidates will be provided a voluntary three (3) minutes to address the
City Council, following an opportunity to respond to follow-up or clarifying
questions from the City Council regarding their presentation; after process is
completed, the Mayor will open the public comments, following a discussion from
the City Council, and the appointment of a resident to fill the vacancy.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Allevato, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Byrnes
b. FIRST READING AND INTRODUCTION OF AN ORDINANCE ADDING
ARTICLE 11 — DESIGN REVIEW COMMITTEE, AND AMENDING ARTICLE 7 —
DUTIES OF THE PLANNING COMMISSION, OF CHAPTER 2, TITLE 2 OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE; RESOLUTION 15-02-03-02
ADOPTED AMENDING MEMBERSHIP REQUIREMENTS FOR CITY
COMMISSIONS AND COMMITTEES TO ADD THE DESIGN REVIEW
COMMITTEE MEMBERSHIP, APPROVED; AND, VACANCIES DECLARED
AND CITY CLERK DIRECTED TO PREPARE AND POST APPROPRIATE
NOTICES TO SOLICIT APPLICATIONS, SUBJECT TO APPROVAL AND
ADOPTION OF THE ORDINANCE REINSTATING THE DESIGN REVIEW
COMMITTEE (110.10)
Maria Morris, City Clerk, provided an agenda report and responded to questions.
Hans Van Ligten, City Attorney and Charlie View, Development Services
Director, responded to questions.
Public Comment: Mike Johnson, City resident; Rob Williams, City resident;
Sheldon Cohen, City resident; and Kim McCarthy, City resident.
Maria Morris, City Clerk, read the title of the ordinance.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADDING ARTICLE 11 — DESIGN REVIEW
COMMITTEE, AMENDING ARTICLE 7 -- DUTIES OF THE PLANNING
COMMISSION, OF CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE
1St Council Action: Moved by Mayor pro tem Patterson, seconded by Council
Member Allevato, and carried unanimously to add two (2)"more members to the
Planning Commission, for a total of seven (7) members.
6 2/3/2015
2 I Council Action: Moved by Council Member Allevato, seconded by Council
Member Byrnes, and carried unanimously to approve the first reading and
introduction of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING ARTICLE
11 — DESIGN REVIEW COMMITTEE, AMENDING ARTICLE 7 — DUTIES OF
THE PLANNING COMMISSION, OF CHAPTER 2, TITLE 2 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE;" RESOLUTION 15-02-03-02 adopted entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA AMENDING RESOLUTION 13-08-20-01,
ESTABLISHING MEMBERSHIP REQUIREMENTS FOR CITY COUNCIL
APPOINTED COMMISSION," with the caveat that the Planning Commission
membership be changed from five (5) to seven (7) members, and, vacancies
declared and City Clerk directed to prepare and post appropriate notices to solicit
applications, subject to approval and adoption of the Ordinance reinstating the
Design Review Committee.
ORDINANCES:
1. ORDINANCE 1019 ADOPTED APPROVING CODE AMENDMENT (CA) 14-004
AND NEGATIVE DECLARATION AMENDING THE ZONING CODE TO PERMIT
COMMERCIAL KENNELS IN THE COMMERCIAL MANUFACTURING
DISTRICT SUBJECT TO APPROVAL BY CONDITIONAL USE PERMIT (420.30)
Maria Morris, City Clerk, provided an Agenda Report and read the title of the
ordinance.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Byrnes, and carried unanimously to adopt ORDINANCE 1019 entitled
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING CODE AMENDMENT (CA) 14-004
AMENDING LAND USE CODE SECTION 9-3.305 INDUSTRIAL DISTRICTS
"COMMERCIAL MANUFACTURING" DISTRICT TO ALLOW KENNELS
SUBJECT TO A CONDITIONAL USE PERMIT AND APPROVAL OF A
NEGATIVE DECLARATION."
COUNCILMANIC ITEMS:
1. DISCUSSION REGARDING A TROLLEY SERVICE FOR THE CITY OF SAN
JUAN CAPISTRANO FOR USE ON THE WEEKENDS, SPECIAL OCCASIONS
AND FOR CHARTERING PRIVATE EVENTS — NO FORMAL ACTION TAKEN
(940.60)
Council Member Ferguson provided a report.
® Public Comments: Evan Chaffee, City resident.
7 2/3/2015
2. RESOLUTION 15-02-03-03 ADOPTED SUPPORTING THE ESTABLISHMENT
OF THE JAIDEN LIBORIO, IKER LIBORIO AND MARICELA SANCHEZ ACT OR
AMENDMENT TO THE CALIFORNIA UNIFORM HOUSING CODE
ESTABLISHING SAFE OCCUPANCY LEVEL LIMITATION IN SINGLE FAMILY
RESIDENCES; AND, STAFF DIRECTED TO FORWARD THE RESOLUTION
TO THE CITY'S STATE ASSEMBLY AND STATE SENATE
REPRESENTATIVES (450.30)
Mayor Reeve provided a report.
Council Action: Moved by Council Member Byrnes, seconded by
Council Member Allevato, and carried unanimously to adopt RESOLUTION
15-02-03-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING THE
ESTABLISHMENT OF THE JAIDEN LIBORIO, IKER LIBORIO AND MARICELA
SANCHEZ ACT OR AMENDMENT TO THE CALIFORNIA UNIFORM HOUSING
CODE ESTABLISHING SAFE OCCUPANCY LEVEL LIMITATIONS IN SINGLE
FAMILY RESIDENCES," as modified to add the name of Iker Liborio
to the Resolution; and staff directed to forward the Resolution to the City's
State Assembly and State Senate representatives.
Council Member Byrnes suggested the City Council agendize at a future meeting the
renaming of the west portion of Ortega Highway, due to the 1-5/Ortega Highway
Interchange Project.
Council Member Allevato requested the City Council agendize at a future meeting an
update on the triangular piece on Ortega Highway/Del Obispo Street for an entry
statement, including an update on the I-5/Ortega Highway Interchange Project
landscaping; and the feasibility of acquiring the former Jack in the Box lot.
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at 8:05 p.rn. to
Tuesday, February 10, 2015, at 5:00 p.m. for an Adjourned Regular meeting, in the
City Co�cJij G:amber.
Respectf 11 bmitted,
MARIkM k1RI ,, CITY CLEPK
Approved: February 17, 2015
ATTEST:
DEREK REEVE, MAYOR
8 2/3/2015