15-0317_CC_Minutes_Regular Meeting MINUTES
Mare 17, 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 5:19 p.m. in the City Council Chamber.
Council Member Ferguson led the Pledge of Allegiance and Council Member Perry
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.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• San Juan Basin Authority Meeting.
• Transportation Corridor Agency Meetings.
• State of the City Event.
• EI Presidente Bali Event.
• Meeting with City residents Bob Cardoza, Joyce Perry, and Rebecca Robles.
• Los Rios Community Meeting.
• Capistrano Villas Smoke Alarm Installation Event— Part 11.
• Equestrian Coalition Meeting.
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; Ron Denman, Kathy Hooper
and Steve Behmerwohld, Parks, Recreation and Senior Services Commission;
and Cate Petersen, Youth Advisory Board.
2. EAGLE SCOUTS DONOVAN SHREVE, PAUL STACHE, TROY KIHM,
BRANDON KETEL, AND MITCH SPRAKER RECOGNIZED FOR RECEIVING
THEIR EAGLE SCOUT AWARDS (610.40)
1
ORAL COMMUNICATIONS:
® John Matthews, City resident, Tyler Holcomb, Irvine resident, Don Vanderlan,
City resident; Steve Behmerwohld, City resident; Mary Demers, Friends of the
Library; Shelly Bartter, City resident; Cate Petersen, Youth Advisory Board;
Ian Smith, City resident; Barbara Szemenyei, City resident; Kathleen Petersen,
City resident; Dominic Fergus-Bentall, City resident; Anna Dickinson, City resident;
Mark Bodenhamer, Chamber of Commerce; Joe Hickey, City resident; James
O'Brien, City resident: Donna Fleming, City resident; Monique Rae, City resident;
Thomas Whaling, City resident; Tom Hribar, City resident (provided a handout);
Clint Worthington, City resident; Eva Crabbs, City resident; and, Christy Smead,
City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Patterson, and carried unanimously to approve consent calendar items 1 through 5, 10,
and 13, as recommended by staff, with Council Member Perry abstained from consent
calendar 4.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING (CLOSED SESSION) OF
MARCH 3, 2015, APPROVED.
3. CITY COUNCIL MINUTES -- REGULAR MEETING OF MARCH 3, 2015,
APPROVED.
4. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED FEBRUARY 20, 2015, TO MARCH 5, 2015; PAYROLL (CHECKS)
DATED FEBRUARY 27, 2015; AND PAYROLL (DIRECT DEPOSITS) DATED
FEBRUARY 27, 2015, RECEIVED AND FILED (300.30)
Council Member Perry abstained due to his former employment with San Juan
Hills Golf Club,
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Ailevato, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Perry
5. RESOLUTION NO. 15-03-17-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING AN EXTENSION IN THE FIFTY PERCENT (50%)
FEE REDUCTION FOR SPECIAL ACTIVITY PERMITS WITHIN THE HISTORIC
TOWN CENTER MASTER PLAN AREA AND PARK USE (NON-SPORTS
EVENTS) CITY-WIDE UNTIL DECEMBER 31, 2015 (200.10)
2 3/17/2015
6. NEW DEVELOPMENT APPLICATION STATUS, RECEIVED AND FILED
(440.10)
® Public Comments: Steve Behmerwohld, City resident; Barbara Szemenyei,
City resident; and, Anna Dickinson, City resident.
Council Action: Moved by Mayor Reeve, seconded by Council Member
Ferguson, and carried unanimously receive and file the New Development
Application Status Report.
7. CITY MANAGER AUTHORIZED TO EXECUTE A CONTRACT, AS APPROVED
TO FORM BY THE CITY ATTORNEY, FOR CONSULTING SERVICES FOR
REVIEWING AND ASSISTING THE CITY WITH PREPARING COMMENTS ON
THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH
ORANGE COUNTY RELIABILITY ENHANCEMENT PROJECT; AND
APPROPRIATION BASED ON THE APPROVED CONTRACT AMOUNT FOR
THESE CONSULTING SERVICES, NOT TO EXCEED $30,000 FROM THE
GENERAL FUND RESERVES, APPROVED (600.30)
Hans Van Ligten, City Attorney, provided an Agenda Report and responded to
questions.
• Public Comments: Bob Cardoza, City resident.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Ferguson, and carried unanimously to authorize the City Manager to
Execute a Contract, as approved to form by the City Attorney, for consulting
services for reviewing and assisting the City with preparing comments on the
Draft Environmental Impact Report for the South Orange County Reliability
Enhancement Project; and to approve appropriation based on the approved
contract amount for this consulting services, not to exceed $30,000 from the
general fund reserves.
8. CONSIDERATION OF INITIATING A GENERAL PLAN AMENDMENT AND
CODE AMENDMENT TO SPECIFIC PLAN 77-01 FOR THE 3.97 ACRE SITE AT
30561 STEEPLECHASE DRIVE, LOT 101 OF THE HUNT CLUB (PARCEL
NUMBER 650-38.1-01) — DENIED (440.25)
Sergio Klotz, Assistant Development Services Director, provided a PowerPoint
presentation, and responded to questions.
® Public Correspondence: Jan Siegel, City resident.
• Public Comments: Steve Behmerwohld, City resident; Stan Schorofer,
Applicant's Architect; and Felix Agranovich, Applicant,
3 3/17/2015
Council Action: Moved by Council Member Allevato, seconded by Council
Member Perry, and carried 4-1 with Mayor Reeve opposed to deny initiating a
General Plan Amendment and Code Amendment to Specific Plan 77-01
for the 3.97 acre site at 30561 Steeplechase Drive, Lot 101 of The Hunt Club
(Parcel Number 650-381-01).
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Allevato and Patterson
NOES: COUNCIL MEMBER: Mayor Reeve
ABSENT: COUNCIL MEMBER: None
9. CONSTRUCTION AGREEMENT WITH THE RIVENDELL LAND COMPANY,
INC. FOR THE CONSTRUCTION OF A WATER PIPELINE ACROSS THE
1-5/ORTEGA HIGHWAY BRIDGE TO SERVICE THE FIRE FLOW NEEDS OF A
PROPERTY IT IS IN THE PROCESS OF ACQUIRING, APPROVED; STAFF
AUTHORIZED TO ACCEPT A DEPOSIT CHECK IN THE AMOUNT OF
$640,000 TO COVER THE COST OF CONSTRUCTION, APPROVED; AND
APPROPRIATION OF AN ADDITIONAL $640,000 TO CAPITAL
IMPROVEMENT PROJECT (CIP 11805), WATER AND SEWER LINES AT
ORTEGA HIGHWAY, APPROVED (600.30)
Keith Van Der Maaten, Public Works and Utilities Director, provided an Agenda
Report and responded to questions.
• Public Correspondence: Laura Freese, City resident; and, Mechelle Lawrence
Adams, Mission San Juan Capistrano.
• Public Comments: Steve Behmerwohld, City resident; and, Dan Friess, City
resident.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Perry, and carried unanimously to approve a Construction Agreement
with Rivendell Land Company Inc. for the construction of a water pipeline across
the 1-5/Ortega Highway bridge to service the fire flow needs of a property it is in
process of acquiring; staff authorized to accept a deposit check in the amount of
$640,000 to cover the cost of construction; and, approve the appropriation of an
additional $640,000 to Capital Improvement Project (CIP 11805), water and
sewer lines at Ortega Highway.
10. ONE YEAR OPTIONAL EXTENSION TO THE PERSONAL SERVICES
AGREEMENT WITH MUNICIPAL UNDERGROUND SERVICES, INC.,
APPROVED; CITY MANAGER AUTHORIZED TO APPROVE THE REMAINING
TWO (2) OPTIONAL EXTENSIONS UPON SATISFACTORY PERFORMANCE
AND WITHIN THE TERM OF THE PERSONAL SERVICES AGREEMENTS;
AMENDMENT TO THE PERSONAL SERVICES AGREEMENT FOR
SANITARY SEWER CLEANING, VIDEOING AND MAINTENANCE SERVICES,
APPROVED; AND AMENDMENT TO THE PERSONAL SERVICES
AGREEMENT FOR STORM DRAIN CLEANING, VIDEOING AND
MAINTENANCE, APPROVED (600.30)
4 3/17/2015
11. UPON RECEIPT OF THE NET PROCEEDS FROM THE 2014 ECO GARDEN
EXPO, FACILITY USE PERMIT FOR LOS RIOS PARK FOR THE FIRST
WEEKEND IN MAY 2015 (MAY 1-3, 2015) WITH MODIFICATIONS TO THE
RULES AND REGULATIONS OF LOS RIOS PARK, AND USE OF THE CITY
HALL PARKING LOT FOR VENDOR PARKING TO GOIN NATIVE
THERAPEUTIC GARDENS, APPROVED (460.70/585.15)
Cynthia Alexander, Community Services Director, provided an Agenda Report
and presented a video submitted by the applicant. Karen Brust, City Manager,
responded to questions.
• Public Comments: Clint Worthington, City resident; Stephen Rios, City
resident; Mark Bodenhamer, Chamber of Commerce; Marianne Davidson,
City resident; Kathy Hooper, City resident; Alvin Ehrig, City resident; and Ian
Smith, City resident.
Council Action: Moved by Mayor Reeve, seconded by Mayor pro tem Patterson,
and carried unanimously to upon receipt of the net proceeds from the 2014 Eco
Garden Expo, approve a Facility Use Permit with Goin Native Therapeutic
Gardens for the Los Rios Park for the first weekend in May 2015 (May 1-3, 2015)
with modifications to the Rules and Regulations of Los Rios Park, and use of the
City Hall parking lot for vendor parking.
12. FINAL TRACT MAP FOR TRACT 17441 AS IT CONFORMS TO THE
REQUIREMENTS SET FORTH IN THE SUBDIVISION MAP ACT AND THE
APPROVED TENTATIVE TRACT MAP 17441 CONDITIONS, APPROVED;
CITY ENGINEER AND THE CITY CLERK AUTHORIZED TO EXECUTE THE
FINAL TRACT MAP FOR TRACT 17441; MAYOR AUTHORIZED TO EXECUTE
THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL TRACT
MAP FOR TRACT 17441 AND ACCEPT THE CORRESPONDING
SECURITIES; AND, CITY CLERK AND CITY ENGINEER DIRECTED TO
FORWARD THE SUBDIVISION IMPROVEMENT AGREEMENT AND FINAL
TRACT MAP FOR TRACT 17441 RESPECTIVELY TO THE COUNTY OF
ORANGE RECORDER'S OFFICE FOR RECORDATION (420.30)
Steve Kooyman, Assistant Public Works Director, provided an Agenda Report
and responded to questions.
® Public Correspondence: Jana Adams, City resident; Renee Ritchie, City
resident; and, Spencer Savino, City resident.
® Public Comments: Gail Zukow, City resident; Tim O'Grady, Davidson
Communities; and Rick Friess, Applicant.
5 3/17/2015
Council Action: Moved by Council Member Allevato, seconded by Council
Member Ferguson, and carried unanimously approve Final Tract Map for Tract
17441 as it conforms to the requirements set forth in the Subdivision Map Act
and the approved Tentative Tract Map 17441 Conditions; City Engineer and the
City Clerk authorized to execute the Final Tract Map for Tract 17441; Mayor
authorized to execute the Subdivision Improvement Agreement for the Final
Tract Map for Tract 17441 and accept the corresponding securities, and, the City
Clerk and City Engineer directed to forward the Subdivision Improvement
Agreement and Final Tract Map for Tract 17441 respectively to the County of
Orange Recorder's Office for recordation.
13. FINAL MAP FOR TRACT NO. 16146 (A PORTION OF TENTATIVE TRACT
MAP 16146) AND TRACT 17655 AS BOTH MAPS CONFORM TO THE
REQUIREMENTS SET FORTH IN THE SUBDIVISION MAP ACT AND THE
APPROVED TENTATIVE TRACT MAP 16146 AND 17655 CONDITIONS,
APPROVED; THE CITY ENGINEER AND THE CITY CLERK AUTHORIZED TO
EXECUTE THE FINAL MAP FOR TRACT 16146 (A PORTION OF TENTATIVE
TRACT MAP 16146) AND THE FINAL MAP FOR TRACT 17655; MAYOR
AUTHORIZED TO EXECUTE THE SUBDIVISION IMPROVEMENT
AGREEMENTS FOR THE FINAL MAP FOR TRACT 16146 (A PORTION OF
TENTATIVE TRACT MAP 16146) AND FINAL MAP FOR TRACT 17655
AND ACCEPT THE CORRESPONDING SECURITIES; CITY CLERK AND
CITY ENGINEER AUTHORIZED TO FORWARD THE SUBDIVISION
IMPROVEMENT AGREEMENTS AND FINAL MAPS FOR TRACT 16146 (A
PORTION OF TENTATIVE TRACT MAP 16146) AND TRACT 17655
RESPECTIVELY TO THE COUNTY OF ORANGE RECORDER'S OFFICE FOR
RECORDATION; AGREEMENTS ESTABLISHING A SOILS SUBSIDENCE
REMEDIATION PROGRAM WITH TNHC SAN JUAN LLC OF TRACTS 16146
AND 17655, APPROVED; AND, CITY CLERK DIRECTED TO FORWARD THE
AGREEMENTS ESTABLISHING A SOILS SUBSIDENCE REMEDIATION
PROGRAM FOR TRACTS 16146 AND 17655 TO THE COUNTY RECORDER'S
OFFICE FOR RECORDATION (420.301600.30)
PUBLIC HEARINGS: None.
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:
G1 PUBLIC WORKS
a. CONSIDERATION OF THE INSTALLATION OF A MARKED CROSSWALK AT
THE INTERSECTION OF RANCHO VIEJO ROAD AND PASEO ESPADA; AND
ADOPTION OF A RESOLUTION APPROVING AN AMENDMENT TO THE
CITY'S FISCAL YEAR 2014-2015 CAPITAL IMPROVEMENT PROJECT
BUDGET— CONTINUED TO APRIL 7, 2015 (590.701330.40)
6 3/17/2015
b. CONSIDERATION OF PROJECT OPTIONS FOR THE NORTHWEST OPEN
SPACE COMMUNITY PARK PROJECT AND A POTENTIAL ROADWAY AT
THE NORTHWEST OPEN SPACE (PHASE 1) (CIP 09209) — CONTINUED TO
APRIL 7, 2015 (530.40)
• Public Correspondence: Jana Adams, City resident; Renee Ritchie, City
resident; and, Allan J. Abshez, Katten, Muchin, Rosenman LLP.
C. CITY MANAGER AUTHORIZED TO NEGOTIATE AN AGREEMENT WITH THE
CITY OF BREA FOR A SHARED TROLLEY SERVICE (940.40)
George Alvarez, City Engineer, provided an Agenda Report and responded to
questions.
• Public Correspondence: Mechelle Lawrence Adams, Mission San Juan
Capistrano, Laura Freese, City resident and Heritage Tourism Association;
and, Mary Demers, Friends of the Library.
• Public Comment: Mary Demers, City resident; Marr Bodenhamer, Chamber
of Commerce; and Eva Crabbs, City resident.
Council Action: Moved by Council Member Ferguson, seconded by Council
Member Perry, and carried unanimously to authorize the City Manager to
negotiate an agreement with the City of Brea for shared trolley services.
G2 CITY CLERK
a. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING
ARTICLE 5 — CHANGING NAME OF COMMISSION FROM OPEN SPACE,
TRAILS AND EQUESTRIAN COMMISSION TO TRAILS AND EQUESTRIAN
COMMISSION, INCLUDING AMENDING ITS DUTIES; AND AMENDING
ARTICLE 6 — CHANGING NAME OF COMMISSION FROM PARKS,
RECREATION, AND SENIOR SERVICES COMMISSION TO PARKS,
RECREATION, SENIOR AND YOUTH SERVICES COMMISSION, INCLUDING
AMENDING ITS DUTIES, OF CHAPTER 2, TITLE 2 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE; AND RESOLUTION NO. 15-03-17-02
ADOPTED AMENDING RESOLUTION 15-02-03-02, ESTABLISHING
MEMBERSHIP REQUIREMENTS FOR CITY COUNCIL APPOINTED
COMMISSIONS (940.40)
Maria Morris, City Clerk, provided an agenda report and read the title of the
ordinance.
• Public Comment: Gail Zullow, City resident; and, Kathy Hooper, City resident.
7 3/17/2015
Council Action: Moved by Mayor Reeve, seconded by
Mayor pro tem Patterson, and carried 4-1 with Council Member Allevato opposed
to approve the introduction and first reading of an Ordinance entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 5 — CHANGING NAME OF
COMMISSION FROM OPEN SPACE, TRAILS AND EQUESTRIAN
COMMISSION TO TRAILS AND EQUESTRIAN COMMISSION, INCLUDING
AMENDING ITS DUTIES; AND AMENDING ARTICLE 6 — CHANGING NAME
OF COMMISSION FROM PARKS, RECREATION, AND SENIOR SERVICES
COMMISSION TO PARKS, RECREATION, SENIOR AND YOUTH SERVICES
COMMISSION, INCLUDING AMENDING ITS DUTIES, OF CHAPTER 2, TITLE
2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE" adding the following
language under the duties of the Parks, Recreation, Senior and Youth Services
Commission: "To study and make recommendations to the Community Services
Department on existing and proposed recreational programs and services for the
City's residents including youth and senior citizens;" and adopt RESOLUTION
NO. 15-03-17-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
AMENDING RESOLUTION 15-02-03-02, ESTABLISHING MEMBERSHIP
REQUIREMENTS FOR CITY COUNCIL APPOINTED COMMISSIONS," with the
caveat that one (1) of the Parks, Recreation, Senior and Youth Services
Commission members be an Advisor from the Youth Advisory Board.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
ORDINANCES: None.
COUNCILMANIC ITEMS:
1. CONSIDERATION OF RESCINDING THE CITY COUNCIL ACTION OF
MARCH 3, 2015, DIRECTING THE MAYOR TO APPOINT A MAYORAL
AD-HOC COMMITTEE FOR PURPOSES OF RESEARCHING,
DOCUMENTING, AND CREATING A RESIDENTIAL UNIT INSPECTION AND
CRIME-FREE RESIDENTIAL HOUSING PROGRAM -- CONTINUED TO
APRIL 7, 2015 (430.30)
2. DISCUSSION TO CLARIFY THE NUMBER OF PROPOSED LANES ON THE
ORTEGA HIGHWAY WIDENING ENVIRONMENTAL IMPACT REPORT FROM
CALTRANS — CONTINUED TO APRIL 7, 2015 (800.40)
Public Correspondence: Cindy Azima, CALTRANS; and David Simpson,
OCTA.
8 3/17/2015
ADJOURNMENT-
There being no further business Mayor Reeve adjourned the meeting at 9:29 p.m. to
Monday, March 23, 2015, at 2:00 p.m. for an Adjourned Regular Meeting; and then to
Tuesday, April 7, 2015, at 4:00 p.m. for Closed Session, and then 5:00 p.m. for public
Business Se cion, in the City Council Chamber.
R, p I submitted,
MAR11117
IS, CI LERK
Approved: April 7, 2015
ATTEST:
DEREK REEVE, MAYOR
9 3/1702015