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.
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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.
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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.
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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.
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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
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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.
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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
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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