15-0421_CC_Minutes_Regular Meeting_Closed Session MINUTES
April 21, 2015
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
U
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 6:37 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.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Equestrian Coalition Meeting.
• Orange County Vector Control Meeting.
• SONGS Decommissioning Community Engagement Panel Meeting.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM PATTERSON INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Eva Crabbs, Ron Denman and
Thomas Perrin, Jr., Parks, Recreation, Senior and Youth Services Commission;
and Natalia Garcia, Youth Advisory Board.
ORAL COMMUNICATIONS:
• Dave Solt, City resident; Clint Worthington, City resident; Thomas Whaling,
City resident; Eva Crabbs, City resident; Natalia Garcia, Youth Advisory Board;
Anna Dickinson, City resident; Mary D. Friends of the Library; and
Shirley Sawragean, City resident.
1
ADMINISTRATIVE ITEMS:
E1 PUBLIC WORKS
a. INSTALLATION OF A MARKED CROSSWALK, WITH A TRAFFIC SIGNAL AND
AMERICAN WITH DISABILITIES ACT (ADA) RAMPS AT THE INTERSECTION
OF RANCHO VIEJO ROAD AND PASEO ESPADA; AND RESOLUTION NO.
15-04-21-01 ADOPTED AMENDING THE FISCAL YEAR 2014-2015 CAPITAL
IMPROVEMENT BUDGET FOR CAPITAL IMPROVEMENT PROJECT 15101
(585.95)
• Public Correspondence: Cameron Grenier, City resident; Omeed Askari,
Farid Askari, and Manijeh Kazemi, OC Pharmacy; Kathie Hoke, Seasons
Senior Apartments; Ray Griffith, City resident (submitted petition);
Larry Kramer, City resident; and Mark Speros, City resident.
George Alvarez, City Engineer/Traffic Engineer, provided an agenda report and
responded to questions.
• Public Comments: Barbara Delgado, Villa Paloma Senior Apartments;
Clint Worthington, City resident; Eva Crabbs, City resident; and
Joyce Shippy, Villa Paloma Senior Apartments.
Council Action: Moved by Council Member Ferguson, seconded by
Council Member Perry, and carried unanimously to approve the installation of a
marked crosswalk, with a traffic signal and American with Disabilities Act (ADA)
ramps at the intersection of Rancho Viejo Road and Paseo Espada; and adopt
RESOLUTION NO. 15-04-21-01 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE FISCAL YEAR 2014-2015 CAPITAL IMPROVEMENT
BUDGET FOR CAPITAL IMPROVEMENT PROJECT 15101."
E2 DEVELOPMENT SERVICES
a. CONSIDERATION OF A RESOLUTION INITIATING AN AMENDMENT TO THE
GENERAL PLAN LAND USE ELEMENT FOR THE VERMEULEN RANCH
RESIDENTIAL DEVELOPMENT PROJECT (SPIEKER SENIOR
DEVELOPMENT)— DENIED (440.25)
Sergio Klotz, Assistant Development Services Director, provided a PowerPoint
and responded to questions.
Council Action: Moved by Council Member Perry, seconded by Council Member
Ferguson, and carried 3-2 with Mayor Reeve and Council Member Allevato
opposed to deny the request to initiate a General Plan Amendment to the
General Plan Land Use Element for the Vermeulen Ranch Residential
Development Project; and remain as Agri-Business.
1
2
4/21/205
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry and Mayor pro tem Patterson
NOES: COUNCIL MEMBER: Allevato and Mayor Reeve
ABSENT: COUNCIL MEMBER: None
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 13,
17, as recommended by staff, with Council Member Perry abstaining from consent
calendar 7.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING (CLOSED SESSION) OF
APRIL 7, 2015, APPROVED.
3. CITY COUNCIL MINUTES — REGULAR MEETING OF APRIL 7, 2015,
APPROVED.
4. CITY COUNCIL MINUTES — SPECIAL MEETING (CLOSED SESSION) OF
APRIL 10, 2015, APPROVED.
5. CITY COUNCIL MINUTES — SPECIAL MEETING OF APRIL 15, 2015,
(CLOSED SESSION), APPROVED.
6. CITY COUNCIL MINUTES — SPECIAL MEETING OF APRIL 15, 2015,
(JOINT CITY COUNCIL AND UTILITIES COMMISSION MEETING),
APPROVED.
7. CHECK REGISTERS FOR ELECTRONIC TRANSACTIONS DATED
MARCH 20, 2015, TO APRIL 2, 2015; PAYROLL (CHECKS) DATED
MARCH 27, 2015; AND PAYROLL (DIRECT DEPOSITS) DATED
MARCH 27, 2015, RECEIVED AND FILED (300.30)
Council Member Perry abstained due to his former employment and proximity of
his residence with the San Juan Hills Golf Club.
8. REVIEW OF OPEN SPACE BONDS MEASURE Y 2014 ANNUAL FINANCIAL
REPORT, RECEIVED AND FILED (390.80)
9. NEW DEVELOPEPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
10. THIRD AMEDMENT TO THE PERSONAL SERVICES AGREEMENT WITH
KFORCE, INC. TO PROVIDE PROFESSIONAL STAFFING SERVICES,
APPROVED (600.30)
3 4/21/2015
11. WATER USE EFFICIENCY PROGRAM AND THE SCHOOL PROGRAM
(CHOICE PROGRAMS), PROVIDED BY THE MUNICIPAL WATER DISTRICT
OF ORANGE COUNTY (MWDOC) PARTICIPATION DURING FISCAL YEAR
2015-2016, APPROVED (1050.60)
12. RESOLUTION NO. 15-04-21-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING TITLE TO CERTAIN REAL PROPERTIES FROM
THE SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY PURSUANT TO THE LONG RANGE PROPERTY
MANAGEMENT PLAN" (670.10)
13. AGREEMENT WITH THE SOUTHERN CALIFORNIA GAS COMPANY TO
INTALL ADVANCED METER FACILITIES THROUGHOUT THE CITY,
APPROVED (600.30)
George Alvarez, City Engineer/City Traffic Engineer, provided an agenda report
and responded to questions.
• Public Comments: Paul Simonds, Southern California Gas Company.
Moved by Mayor pro tem Patterson, seconded by Council Member Ferguson not
to approve the agreement with the Southern California Gas Company to install
advance meter facilities throughout the City — motion did not pass due to
substitute motion.
Council Action: Moved by Council Member Allevato, seconded by
Mayor Reeve, and carried 3-2, with Mayor pro tem Patterson and
Council Member Ferguson opposed, to approve an agreement with the Southern
California Gas Company to install advance meter facilities throughout the City.
ROLL CALL:
AYES: COUNCIL MEMBER: Perry, Allevato and Mayor Reeve
NOES: COUNCIL MEMBER: Patterson and Ferguson
ABSENT: COUNCIL MEMBER: None
14. AMENDMENT 1 AND REINSTATEMENT TO SUBDIVISION IMPROVEMENT
AGREEMENTS (TRACT MAPS 14196, 15609, 15687, 16747, 16749, 16750,
16751, AND 16752), AMENDMENT 2 AND REINSTATEMENT TO THE
IMPROVEMENT AND REIMBURSEMENT AGREEMENT AND, AMENDMENT 1
TO THE AGREEMENT FOR MODIFICATIONS TO WATER FACILITIES TO
SERVE TRACT 14196 ("AMENDED AGREEMENT"), APPROVED; AND CITY
CLERK DIRECTED TO PROCESS THE RECORDINGS OF THE AMENDED
AGREEMENTS WITH THE ORANGE COUNTY RECORDER (600.30)
Steve Kooyman, Assistant Public Works Director, Hans Van Ligten,
City Attorney, Charlie View, Development Services Director, and
Keith Van Der Maaten, Utilities and Public Works Director, responded to
questions.
4 4/21/2015
Council Action: Moved by Council Member Allevato, seconded by
Council Member Ferguson, and carried unanimously to approve Amendment 1
and Reinstatement to Subdivision Improvement Agreements (Tract Maps 14196,
15609, 15687, 16747, 16749, 16750, 16751, and 16752), Amendment 2 and
Reinstatement to the Improvement and Reimbursement Agreement and,
Amendment 1 to the Agreement for Modifications to Water Facilities to serve
Tract 14196 ("Amended Agreement"); and direct the City Clerk to process the
recordings of the amended agreements with the Orange County Recorder.
15. CITY OF SAN JUAN CAPISTRANO'S 2015 DROUGHT CONTINGENCY
OPERATING PLAN FOR THE GROUNDWATER RECOVERY PLANT,
APPROVED (1050.90)
Keith Van Der Maaten, Public Works and Utilities Director, provided an Agenda
Report and responded to questions.
• Public Comments: Catherine Glick, San Juan Basin Authority Project
Manager; Clint Worthington, City resident; and Dan Ferons, San Juan Basin
Authority.
Council Action: Moved by Council Member Perry, seconded by
Council Member Allevato, and carried unanimously to approve the City of
San Juan Capistrano's 2015 Drought Contingency Operating Plan for the
Groundwater Recovery Plant.
16. VEHICLE USE AGREEMENT BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND THE CITY OF BREA, APPROVED; AND APPROPRIATION
OF $66,276 FROM THE CITY'S AIR QUALITY MANAGEMENT DISTRICT
(AQMD) FUND (FUND 31) RESERVES AND $3,680 FROM THE GENERAL
FUND (FUND 1) RESERVES FOR A TOTAL APPROPRIATION OF $69,956, TO
FUND THE SAN JUAN CAPISTRANO SUMMER TROLLEY SERVICES,
APPROVED (600.30)
George Alvarez, City Engineer/City Traffic Engineer, provided an agenda report
and responded to questions.
• Public Comments: Mary D., Friends of the Library.
Council Action: Moved by Council Member Ferguson, seconded by
Council Member Perry, and carried 4-1 with Council Member Allevato opposed to
approve a,Vehicle Use Agreement between the City of San Juan Capistrano and
the City of Brea; approve the appropriation of $66,276 from the City's Air Quality
Management District (AQMD) Fund (Fund 31) Reserves and $3,680 from the
General Fund (Fund 1) Reserves for a total appropriation of$69,956, to Fund the
San Juan Capistrano Summer Trolley Services; and continue to work on the
trolley route schedule.
5 4/21/2015
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
17. LEGAL SERVICES AGREEMENT WITH GEST, BEST & KRIEGER, LLQ, 71
APPROVED; AND RUTAN & TUCKER, LLP TERMINATED AS CITY
ATTORNEY; AND CITY MANAGER AUTHORIZED TO NEGOTIATE A
TRANSITIONAL AGREEMENT WITH RUTAN & TUCKER, LLP (600.30)
PUBLIC HEARINGS: None.
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
ORDINANCES:
1. ORDINANCE 1022 ADOPTED AMENDING TITLE 4, CHAPTER 9,
PERTAINING TO THE CONDUCT OF COMMERCIAL FILMING IN THE CITY
OF SAN JUAN CAPISTRANO TITLED "COMMERCIAL FILMING ACTIVITIES"
(585.95)
Maria Morris, City Clerk provided an agenda report and read the title of the
ordinance.
• Public Comments: Eva Crabbs, City resident; and Jeff Vasquez, City resident.
Council Action: Moved by Council Member Perry, seconded by
Council Member Allevato, and carried unanimously to approve the second
reading and adoption of Ordinance 1022 entitled "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 4, CHAPTER 9, PERTAINING TO THE CONDUCT OF
COMMERCIAL FILMING IN THE CITY OF SAN JUAN CAPISTRANO TITLED
"COMMERCIAL FILMING ACTIVITIES;" and bring back at the next meeting the
Still Photography Annual Permit Fee Resolution.
COUNCILMANIC ITEMS:
�. MAYOR AUTHORIZED TO EXECUTE HIS REVISED LETTER EXPRESSING
OPPOSITION FOR THE SAN DIEGO GAS AND ELECTRIC COMPANY'S
SOUTH ORANGE COUNTY RELIABILITY ENHANCEMENT PROJECT; AND
STAFF DIRECTED TO FORWARD THE LETTER SEPARATELY TO THE
ORANGE COUNTY BOARD OF SUPERVISORS; MISSION HOSPITAL;
CAPISTRANO UNIFIED SCHOOL DISTRICT, INCLUDING LOCAL SCHOOLS;
ADJACENT CITIES; AND LOCAL BUSINESSES WHO HAVE VOICE SUPPORT
i
FOR THE RELIABILITY ENHANCEMENT PROJECT (430.30)
• Public Correspondence: Dawn Fusco, City resident; and Mayor Reeve.
6 4/21/2015
Mayor pro tem Patterson provided a report.
• Public Comments: Rhen Kohen, City resident, Anna Dickinson, City resident;
Kathleen Petersen, City resident; and Thomas Whaling, City resident.
L Council Action: Moved by Mayor pro tem Patterson, seconded by Council
Member Ferguson, and carried unanimously to authorize the Mayor to execute
his revised letter expressing opposition for the San Diego Gas and Electric
Company's South Orange County Reliability Enhancement Project; and direct
staff to forward the letter separately to the Orange County Board of Supervisors;
Mission Hospital; Capistrano Unified School District, including local schools,
adjacent cities; and local businesses who have voice support for the Reliability
Enhancement Project.
2. MAYOR AUTHORIZED TO EXECUTE A LETTER EXPRESSING OPPOSITION
FOR ASSEMBLY BILL 1217 — LEGISLATION CHANGING THE ORANGE
COUNTY FIRE AUTHORITY'S BOARD COMPOSITION; AND STAFF
DIRECTED TO FORWARD THE LETTER TO THE HONORABLE
ASSEMBLYMAN TOM DALY, AND THE ORANGE COUNTY FIRE AUTHORITY
BOARD (640.80)
Council Member Perry provided a report.
Council Action: Moved by Council Member Perry, seconded by Council Member
Allevato, and carried unanimously to authorize the Mayor to execute a letter
expressing opposition for Assembly Bill 1217 — Legislation Changing the Orange
County Fire Authority's Board Composition; and direct staff to forward the letter
to the Honorable Assemblyman Tom Daly, and the Orange County Fire Authority
Board.
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at 9:42 p.m. to
Tuesday, May 5, 2015, at 4:00 p.m. for Closed Session, and 5:00 p.m. for public
Business Session, in the City Council Chamber.
Respectfully submitted,
Lowp�.�
M"RI , C Y CLERK
Approved: May 5, 2015
ATTEST:
/Qttlk�
DEREK REEVE, MAYOR
7 4/21/2015