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15-0217_CC_Minutes_Regular Meeting MINUTES February 17, 2015 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Mayor Reeve called the February 17, 2015, Regular Meeting of the City Council to order at 4:07 p.m. in the City Council Chamber. ROLL CALL: COUNCIL MEMBERS PRESENT: Sam Ailevato, Kerry K. Ferguson, John M. Perry, Mayor pro tem Pam Patterson, Esq. and Mayor Derek Reeve. COUNCIL MEMBERS ABSENT: None. PUBLIC COMMENT: None. 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)(2), and (d)(4), the City Council conferred with Legal Counsel to discuss exposure to potential litigation. (5 Items) b. 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 Save Our Historic Town Center, Mark Nielsen, Kenneth E. Friess, and Robert J. Williams vs. City of San Juan Capistrano, at. al. OC Superior Court Case No. 30-2014-00760231. 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; Urban Capital Ventures, LP vs. Maria Morris, in her official capacity as Clerk of City of San Juan Capistrano; City Council of San Juan Capistrano; Neal Kelley, in his official capacity as Orange County Registrar of Voters; and Does 1 through 100, inclusive. OC Superior Court Case No. 30-2015-00766640. d. Pursuant to Government Code Section 54956.9(a) & (d) (1), the City Council did not confer with legal counsel pertaining to existing litigation in the matter of Capistrano Tax Payers Association vs. City of San Juan Capistrano. OC Superior Court Case No. 30-2012-00594579. e. 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. 1 BUSINESS SESSION: Mayor Reeve called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 5:23 p.m. in the City Council Chamber. Council Member Allevato led the Pledge of Allegiance and Mayor pro tem Patterson gave the invocation. ROLL CALL: COUNCIL MEMBERS PRESENT: Sam Allevato, Kerry K. Ferguson, John M. Perry, 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. ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Hans Van Ligte , City Attorney, announced that the City Council authorized the City Attorney to defend the City on Closed Session item C. Vice-Chair Patterson recused herself from Closed Session item C. Council Member Perry recused himself from Closed Session item E. CITY COUNCIL REPORTS ON OUTSIDE AGENCIES: • Orange County Fire Authority Meeting. • Orange County Fire Authority Budget and Finance Committee Meeting. ® Transportation Corridor Agencies and Orange County Transportation Authority Joint Meeting. • Transportation Corridor Agencies Meeting. • Transportation Corridor Agencies Joint Mobility Ad Hoc Meeting. • Transportation Corridor Agencies Joint Legal Services Ad Hoc Meeting. • Liborio and Sanchez Family Funeral. • University of California Irvine Public Policy Making Course. • Breakthrough San Juan Capistrano Program Meeting. • Tour of 2C Ranch, Northwest Open Space area and Reata Park and Event Center. • Meetings with staff regarding Verdugo Street Project. • Taste of San Juan Event, INTRODUCTIONS AND PRESENTATIONS: 1. MAYOR PRO TEM PATTERSON INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: William Bonnie, Cultural Heritage Commission; Ilse Byrnes, Open Space, Trails and Equestrian Commission; Gerald Muir, Youth Advisory Board and Parks, Recreation and Senior Services Commission; Kathy Hooper and Ron Denman, Parks, Recreation and Senior Services Commission; Dan Glasgow, Utilities Commission; and, Natalia Garcia, Jordan Parkhurst and Michael Elsanadi, Youth Advisory Board. 2 2/17/2015 JOINT CITY COUNCIL AND HOUSING AUTHORITY REORGANIZATION: 1. Public Comments regarding Agenda Items C-2 through C-6 • Public Comments: Kim Lefner, City resident; Frank Larkin, City resident; Orange County Supervisor Lisa Bartlett; and Jennifer Biel, representing Assemblyman Bill Brough and State Senator Patricia Bates. 2, ROY L. BYRNES, M.D. RECOGNIZED ON HIS RETIREMENT FROM THE CITY COUNCIL AND FOR HIS SERVICE TO THE RESIDENTS OF SAN JUAN CAPISTRANO (630.20) 3. REMARKS MADE BY OUTGOING COUNCIL MEMBER ROY L. BYRNES, M.D. 4. JOHN M. PERRY SWORN IN AS NEWLY APPOINTED CITY COUNCIL MEMBER (630.20) 5. REMARKS MADE BY NEW SEATED COUNCIL MEMBER JOHN M. PERRY 6. KERRY K. FERGUSON, SELECTED TO SERVE AS CHAIR AND JOHN M. PERRY, SELECTED TO SERVE AS VICE-CHAIR OF THE CITY OF SAN JUAN CAPISTRANO HOUSING AUTHORITY, TERM ENDING DECEMBER 1, 2015 (435.10) Maria Morris, Commission Secretary, called for nominations for Chair. Commissioner Action: Moved by Commissioner Allevato, seconded by Commissioner Reeve, and carried unanimously to select Kerry K. Ferguson, as Chair, term ending December 1, 2015. Marla Morris, Commission Secretary, called for nominations for Vice-Chair, Commissioner Action: Moved by Commissioner Reeve, seconded by Commissioner Allevato, and carried unanimously to select John M. Perry, as Vice-Chair, term ending December 1, 2015. ORAL COMMUNICATIONS: ® Natalia Garcia, Youth Advisory Board; Jess Frost, City resident; Thomas Whaling, City resident (provide a newspaper clipping); Evan Marks, Ecology Center (provided a handout); and Ian Smith, City resident. CONSENT CALENDAR: Council Action: Moved by Council Member Allevato, seconded by Council Member Perry, and carried unanimously to approve consent calendar items 1, 3, 4, 7, and 9 through 11 , as recommended by staff. 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 3 2/17/2015 2. CITY COUNCIL MINUTES — SPECIAL MEETING OF FEBRUARY 3, 2015 (CLOSED SESSION) — ITEM REMOVED FROM CONSIDERATION FOR FURTHER CLARIFICATION. 3. CITY COUNCIL MINUTES — REGULAR MEETING OF FEBRUARY 3, 2015, APPROVED. 4. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF FEBRUARY 10, 2015, APPROVED. 5. CHECK REGISTERS FOR ELECTRONIC TRANSACTIONS DATED JANUARY 23, 2015, TO FEBRUARY 5, 2015; PAYROLL (CHECKS) DATED JANUARY 30, 2015; AND PAYROLL (DIRECT DEPOSITS) DATED JANUARY 30, 2015, RECEIVED AND FILED (300.30) Cindy Russell, Chief Financial Officer, responded to questions. Council Action: Moved by Council Member Perry, seconded by Council Member Ferguson, and carried unanimously to receive and file Check Registers for electronic transactions dated January 23, 2015, to February 5, 2015; Payroll (checks) dated January 30, 2015; and, Payroll (direct deposits) dated January 30, 2015. 6. PERSONAL SERVICES AGREEMENT WITH SANTA MARGARITA WATER DISTRICT FOR METER READING SERVICES, APPROVED AND CITY MANAGER AUTHORIZED TO EXECUTE THE AGREEMENT; AND, THIRD AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH ALEXANDER'S INCORPORATED TO PROVIDE METER READING SERVICES TO THE CITY THROUGH NO LATER THAN JUNE, 30, 2015, APPROVED (600.30) Council Action: Moved by Council Member Perry, seconded by Council Member Allevato, and carried unanimously to approve a Personal Services Agreement with Santa Margarita Water District for Meter Reading Services and City Manager authorized to execute the agreement; and, approve a Third Amendment to the Personal Services Agreement with Alexander's Incorporated to provide meter reading services to the City through no later than June 30, 2015. 7. VACANCIES DECLARED ON THE YOUTH ADVISORY BOARD FOR ONE (1) YEAR TERM; AND, CITY CLERK DIRECTED TO SOLICIT APPLICATIONS TO FILL THE VACANCIES, WITH APPLICATIONS DUE BY APRIL 3, 2015, 4:30 PM (110.20) 8. UPDATE FROM THE ORANGE COUNTY TRANSPORTATION AUTHORITY REGARDING THE DEL OBISPO STREET GRADE CROSSING, RECEIVED AND FILED (820.45) George Alvarez, City Engineer, provided an agenda report and responded to questions. 4 2/17/2015 Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Patterson, and carried unanimously to receive and fide an updated from the Orange County Transportation Authority regarding the Del Obispo Street grade crossing. 9. RESOLUTION 15-02-17-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF ON-SITE AND OFF-SITE IMPROVEMENTS ASSOCIATED WITH A-1 SELF STORAGE, 33000 VALLE ROAD (CASTER PROPERTIES, INC.);" CITY CLERK DIRECTED TO PROCESS THE RECORDING OF THE NOTICE OF COMPLETION WITH THE ORANGE COUNTY RECORDER; AND, CITY CLERK AUTHORIZED TO RELEASE THE CORRESPONDING BONDS 35 DAYS AFTER THE RECORDATION OF NOTICE OF COMPLETION" (600.30) 10. PERSONAL SERVICES AGREEMENT WITH BUCKNAM INFRASTRUCTURE GROUP, INC., FOR PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE CITY'S 2015 PAVEMENT MANAGEMENT PLAN IN AN AMOUNT NOT TO EXCEED $34,394, WHICH INCLUDES A 10% CONTINGENCY, APPROVED (600.30) 11. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.10) 12. INITIATION OF AN AMENDMENT TO COMPREHENSIVE DEVELOPMENT PLAN (CDP) 04-01, WHISPERING HILLS ESTATES RELATING TO A CHURCH USE ON THE REMAINDER PARCEL BY REFERRING THE MATTER TO THE PLANNING COMMISSION FOR RECOMMENDATION, APPROVED (420.40) Public Correspondence: Scott C. Smith, Best Best & Krieger, LLP; Janette Lusty, City resident; Carole and Jim Barlow, City residents; Gregory K. Stapley, The Church of Jesus Christ of Latter-day Saints; Edmund C, Ginn, Jr, City resident, Boots Leone, City resident; Shannon Leone, City resident; Shellby Cunningham, City resident; Matthew Easton, City resident; Dave and Pam Larsen, City residents; Jim Reardon, City resident; Gila Jones, City resident; John Alpay, City resident; Brenda Aguilar, City resident; David White, City resident; Robert and Glaya Douglas, City residents; John and Camille Schmidt, City residents; Kathryn Olsen, City residents; Rex Maricle, City resident; Emilie Maricle, City resident; Leonard and Shirley Eastwood, City residents; Bruce and Kay Samuelson, City residents; Ronald Hrut, City resident; Jeff Daly, City resident; Mark Andrus, City resident; Bonnie Lynn, City resident; Amanda Bourne, City resident; Carolyn Huish, City resident; Marilyn Peo, City resident; Bill and Ann Bunker, City residents; Gail Masen, City resident; Stan and Maryann Colbert, City residents; Vickie Kramer, City resident; and, Ken and Kathy Virgin, City residents. Charlie View, Development Services Director, responded to questions. 5 2/17/2015 Public Comments: Scott Smith, Church of Jesus Christ of Latter-day Saints; Maryann Hadley, City resident; Bryan Hadley, City resident; Shellby Cunningham, City resident; Shannon Leone, City resident; and Gary Miller, Miller Architects. Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Patterson, and carried unanimously to approve initiation of an amendment to Comprehensive Development Plan (CDP) 04-01, Whispering Hills Estates relating to a church use on the remainder parcel by referring the matter to the Planning Commission for recommendation. 13. STAFFING CHANGES TO THE FISCAL YEAR 2014-2015 AND FISCAL YEAR 2015-2016 ADOPTED BUDGETS, APPROVED (700.10) • Public Comments: Jim Verbeerst, City resident; and, Alan Oswald, staff member. Council Action: Moved by Mayor Reeve, seconded by Council Member Allevato, and carried unanimously to approve staffing changes to the Fiscal Year 2014-2015 and Fiscal Year 2015-2016 adopted budgets. 14. CLARIFICATION REQUESTED FOR CONSIDERATION OF THE RIDING PARK'S PUBLIC USE IMPLEMENTATION PLAN — CONTINUED TO A FUTURE MEETING (600.30) Tom Bokosky, Human Resources Manager, and Hans Van Ligten, City Attorney, responded to questions. • Public Comments: Melissa Brandes, Blenheim Facility Management, LLC; Ian Smith, City resident; Barbara Szemenyei, City resident; and, Sandy Bieber, City resident. Council Action: Moved by Council Member Perry, seconded by Mayor pro tem Patterson, and carried 4-1 with Council Member Allevato opposed to request additional information regarding the Riding Parr and continuing the item to a future meeting. ROLL CALL: AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve NOES: COUNCIL MEMBER: Allevato ABSENT: COUNCIL MEMBER: None PUBLIC HEARINGS: 1. TEMPORARY STREET CLOSURES FOR THE FIESTA DE LAS GOLONDRINAS 57TH ANNUAL SWALLOWS DAY PARADE AND MERCADO ON SATURDAY, MARCH 21, 2015, APPROVED; ISSUANCE OF A PARADE PERMIT TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION, PER MUNICIPAL CODE SECTION 5-113.05 (B), APPROVED; MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN JUAN CAPISTRANO FIESTA 6 2/17/2015 ASSOCIATION RECOGNIZING THE FIESTA ASSOCIATION AS THE LEAD AGENCY IN PLANNING, COORDINATING AND CONDUCTION EVENTS CELEBRATION, APPROVED; AND, RESOLUTION 15-02-17-02 ADOPTED APPROVING AN EXCEPTION, AS PERMITTED IN MUNICIPAL CODE SECTION 5-14.02 (E), FOR FIREARM DISCHARGE FOR THE LEAD AGENCY IN THE 2015 SWALLOWS DAY PARADE (150.60/600.30) George Alvarez, City Engineer, provided an agenda report and responded to questions. Mayor Reeve opened the public hearing and invited testimony. i Public Testimony: David Faylor, San Juan Capistrano Fiesta Association. Mayor Reeve closed the public hearing. Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Patterson, and carried unanimously to approve temporary street closures for the Fiesta de [as Golondrinas 57th Annual Swallows Day Parade and Mercado on Saturday, March 21, 2015; approve issuance of a parade permit to the San Juan Capistrano Fiesta Association, per Municipal Code Section 5-11.05 (b); approve a Memorandum of Understanding (MOU) with the San Juan Capistrano Fiesta Association recognizing the Fiesta Association as the lead agency in planning, coordinating and conducting all event associated with the 2015 Fiesta de las Golondrinas celebration; and adopt RESOLUTION 15-02-17- 02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REQUEST FOR AN EXCEPTION TO THE CITY'S FIREARM DISCHARGE REGULATIONS FOR THE SWALLOWS DAY PARADE HELD DURING THE ANNUAL 2015 FIESTA DE LAS GOLONDRINAS CELEBRATION. 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: 11. PUBLIC WORKS a. NORTHWEST OPEN SPACE COMMUNITY PARK PROJECT UPDATE, RECEIVE AND FILED; COMMENTS AND DIRECTION ON PROPOSED NORTHWEST OPEN SPACE COMMUNITY PARK PROJECT, RECEIVED; AND, STAFF AUTHORIZED TO BEGIN DISCUSSIONS WITH THE ARK OF SAN JUAN COMPANION ANIMAL RESCUE FOR THE POSSIBLE DESIGN, CONSTRUCTION, AND OPERATIONS OF A PET ADOPTION CENTER WITHIN THE NORTHWEST OPEN SPACE (920.40) ® Public Correspondence: Matt Gaffney, President of Capistrano Care Animal Rescue Effort, and Allan Abshez, Stonefield Restoration representative. 7 2/17/2015 Keith Van Der Maaten, Public Works and Utilities Director, provided an agenda report and responded to questions. ® Public Comment: Allan Abshez, Stonefiled Restoration representative (provided a handout); Patricia Martz, Irvine resident; Joyce Stonefiled Perry, City resident; Adelia Sandoval, Juaneno Band of Mission Indians; Jim Carter, American Horse Products; Alvin Ehrig, City resident; Renee Ritchie, City resident; and, [an Smith, City resident. Council Action: Moved by Mayor Reeve, seconded by Council Member Ferguson, and carried unanimously to receive and fife the Northwest Open Space Community Park Project updated; and to receive comments and direction on the proposed Northwest Open Space Community Park Project; and staff authorized to begin discussions with The Ark of San Juan Companion Animal Rescue for the possible design, construction and operations of a pet adoption center with the Northwest Open Space. 12 DEVELOPMENT SERVICES AND COMMUNITY SERVICES a. CONSIDERATION OF THE RESTRUCTURING OF THE OPEN SPACE, TRAILS AND EQUESTRIAN AND THE PARKS, RECREATION AND SENIOR SERVICES COMMISSIONS -- CONTINUED TO MARCH 3, 2015 (110.20) 6 Public Correspondence: Laura Freese, City resident. ORDINANCES: 1. ORDINANCE 1020 ADOPTED REINSTATING THE DESIGN REVIEW COMMITTEE AND REVISING THE DUTIES OF THE PLANNING COMMISSION (110.20) Hans Van Ligten, City Attorney, responded to questions. Christy Jakl, Deputy City Clerk, read the title of the ordinance. Council Action: Moved by Mayor pro tem Patterson, seconded by Council Member Perry, and carried 4-1 with Mayor Reeve opposed to adopt Ordinance 1020 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." ROLL CALL: AYES: COUNCIL MEMBER: Allevato, Ferguson, Perry and Mayor pro tem Patterson NOES: COUNCIL MEMBER: Mayor Reeve ABSENT: COUNCIL MEMBER: None 8 2/17/2015 COUNCILMANIC ITEMS: 1. DISCUSSION REGARDING THE PLANNING COMMISSION APPOINTMENT PROCESS; AND THE REVIEW OF CITY COUNCIL POLICIES RELATED TO THE CITY'S COMMISSIONS, COMMITTEES AND BOARDS — CONTINUED TO MARCH 3, 2015 (440.40/610.30) 2. DISCUSSION REGARDING A RESIDENTIAL RENTAL UNIT INSPECTION AND CRIME-FREE RESIDENTIAL HOUSING PROGRAM FOR THE CITY OF SAN JUAN CAPISTRANO — CONTINUED TO MARCH 3, 2015 (430.30) 3. CONSIDERATION OF APPOINTMENT OF CITY COUNCIL REPRESENTATIVES TO OUTSIDE AGENCIES; RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS; AND UPDATE AND POSTING OF THE FAIR POLITICAL. PRACTICES COMMISSION (FPPC) FORM 806 ON THE CITY'S WEBSITE — CONTINUED TO MARCH 3, 20'15 (610.60) ADJOURNMENT: There being no further business Mayor Reeve adjourned the meeting at 9:42 p.m. to Tue, ay M ch 3, 2015, at 4:00 p.m. for Closed Session, and then 5:00 p.m. for public Bus'in ss 4se cion in the City Council Chamber. Resp )'I submitted, A CHRI J K DEPUQY Cl Y C ERK Approved: March 3, 2015 ATTEST: 9 DEREK REEVE, MAYOR 9 2/17/2015