15-0505_CC_Minutes_Regular Meeting MINUTES
May 5, 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 5:13 p.m. in the City Council Chamber.
Council Member Perry led the Pledge of Allegiance and Council Member Allevato 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:
• Transportation Corridor Agency Meetings.
• Southern California Association of Governments Meeting.
• South Orange County Economic Coalition Meeting.
• Women on Water Conference.
• Mayor's Forum for the 5`" District.
• Equestrian Coalition Events.
• Briefing meeting on new Hotel Project.
• Orange County Sheriffs Medal of Valor Ceremony.
• CREER Day of the Child Event.
• Eco Garden Expo Event.
• Mayor pro tem Patterson expressed health and safety concerns regarding the recent
City Council vote to install advance meter facilities throughout the City by the
Southern California Gas Company.
• San Onofre Nuclear Generating Station Decommissioning Community Engagement
Panel Meeting.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM PATTERSON INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Gerald Muir, Design Review Committee,
Parks, Recreation and Senior Services Commission and Youth Advisory Board;
Bob Cardoza, Design Review Committee; and Ilse Byrnes, Trails and Equestrian
Commission.
2. MAY 3 — 9, 2015, PROCLAIMED AS WILDFIRE AWARENESS WEEK (610.40)
1
ORAL COMMUNICATIONS:
• Ted Stroscher, City resident; William M. Hensley, Capistrano Taxpayer Association;
Pat Forster and Happy Hunn, City residents; Ilse Byrnes, City resident;
Jim Reardon, Capistrano Taxpayer Association; Steve Behmerwohld, City resident;
and Thomas Whaling, City resident.
PUBLIC HEARINGS: None.
ADMINISTRATIVE ITEMS:
E1 UTILITIES
a. URGENCY ORDINANCE 1023 ADOPTED AMENDING SECTION 6-12.06
OF TITLE 6, CHAPTER 12, OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE PERTAINING TO WATER CONSERVATION; AND, IMMEDIATE
IMPLEMENTATION OF WATER CONSERVATION ACTIONS TO REDUCE
POTABLE WATER USAGE, APPROVED (1050.90)
Keith Van Der Maaten, Public Works and Utilities Director, provided a
PowerPoint and responded to questions.
• Public Comments: Ian Smith, City resident; Mark Bonderhammer, Chamber
of Commerce.
Maria Morris, City Clerk, read the title of the ordinance.
n
Council Action: Moved by Council Member Ferguson, seconded by
Council Member Allevato, and carried unanimously to adopt URGENCY
ORDINANCE 1023 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION
6-12.06 OF TITLE 6, CHAPTER 12, OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE PERTAINING TO WATER CONSERVATION;" and approve
the immediate implementation of water conservation actions to reduce potable
water usage.
E2 PUBLIC WORKS
a. UPDATE PRESENTATION ON THE CITY'S PAVEMENT MANAGEMENT
PROGRAM, RECEIVED AND FILED; PERSONAL SERVICES AGREEMENT
WITH ANDERSONPENNA PARTNERS, INC. TO PERFORM PROFESSIONAL
ENGINEERING SERVICES TO PREPARE PAVEMENT DESIGN,
SPECIFICATIONS, AND COST ESTIMATES FOR ARTERIAL STREETS
IN AN AMOUNT NOT TO EXCEED $155,431, WHICH INCLUDES
A 10% CONTINGENCY (CIP 15109), APPROVED; PERSONAL SERVICES
AGREEMENT WITH PENCO ENGINEERING, INC. TO PERFORM
PROFESSIONAL ENGINEERING SERVICES TO PREPARE PAVEMENT
DESIGN, SPECIFICATIONS, AND COST ESTIMATES FOR LOCAL STREETS
IN AN AMOUNT NOT TO EXCEED $77,440, WHICH INCLUDES A 10%
CONTINGENCY (CIP 15105), APPROVED; AND, REDUCE THE FISCAL YEAR
2014-2015 CAPITAL IMPROVEMENT BUDGET AND MEASURE M FUNDING
2 5/5/2015
FOR THE BRIDGE AT ACJACHEMA STREET AND LA CALERA STREET
PROJECT (CIP 13102) BY $74,675 AND INCREASE THE MEASURE M
FUNDING TO THE ARTERIAL STREET PAVEMENT REHABILITATION
PROGRAM (CIP 15109) BY $74,675 (820.251600.30)
Steve Kooyman, Assistant Public Works Director, provided a PowerPoint and
responded to questions.
• Public Comments: John Mersch, City resident; and Jeff Vasquez,
City resident.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Ferguson, and carried unanimously to approve a Personal Services
Agreement with AndersonPenna Partners, Inc. to perform professional
engineering services to prepare pavement design, specifications, and cost
estimates for arterial streets in an amount not to exceed $155,431, which
includes a 10% contingency (CIP 15109); approve a Personal Services
Agreement with PENCO Engineering, Inc. to perform professional engineering
services to prepare pavement design, specifications, and cost estimates for local
streets in an amount not to exceed $77,440, which includes a 10% contingency
(CIP 15105); and, reduce the Fiscal Year 2014-2015 Capital Improvement
Budget and Measure M funding for the bridge at Acjachema Street and La Calera
Street Project (CIP 13102) by $74,675 and increase the Measure M funding to
the Arterial Street Pavement Rehabilitation Program (CIP 15109) by $74,675.
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, 7, 8
and 9, as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING (CLOSED SESSION) OF
APRIL 21, 2015, APPROVED.
3. CITY COUNCIL MINUTES — REGULAR MEETING OF APRIL 21, 2015,
APPROVED.
4. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED APRIL 3, 2015, TO APRIL 16, 2015; PAYROLL (CHECKS) DATED
APRIL 3, 2015; PAYROLL (CHECKS) DATED APRIL 10, 2015; AND PAYROLL
(DIRECT DEPOSITS) DATED APRIL 10, 2015; RECEIVED AND FILED (300.30)
5. REVIEW OF CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
MARCH 31, 2015, RECEIVED AND FILED (350.30)
6. RESOLUTION NO. 15-05-05-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, RESCINDING RESOLUTION 15-04-07-02 AND ADDING THE
STILL PHOTOGRAPHY ANNUAL PERMIT FEE TO THE SCHEDULE OF FEES
AND CHARGES (585.95)
3 5/5/2015
Charlie View, Development Services Director, responded to questions.
• Public Comments: Stephen Rios, City resident; Jeff Vasquez, City resident;
and Val Westover, Aliso Viejo resident.
Council Action: Moved by Council Member Ferguson, seconded by Council
Member Allevato, and carried 4-1 with Mayor pro tem Patterson opposed to
adopt RESOLUTION NO. 15-05-05-01 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
RESCINDING RESOLUTION 15-04-07-02 AND ADDING THE STILL
PHOTOGRAPHY ANNUAL PERMIT FEE TO THE SCHEDULE OF FEES AND
CHARGES."
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Allevato and Mayor Reeve
NOES: COUNCIL MEMBER: Mayor pro tem Patterson
ABSENT: COUNCIL MEMBER: None
7. RESOLUTION NO. 15-05-05-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING ITS CONFLICT OF INTEREST CODE TO REFLECT
CITY STAFF AND COMMISSIONS AND COMMITTEES (640.40)
8. RESOLUTION NO. 15-05-05-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING CONSIDERATION OF AN AMENDMENT TO THE
GENERAL PLAN HOUSING ELEMENT, TABLE 25: SITES INVENTORY TABLE I
AND CORRESPONDING DETAILS, AND AMENDING THE GENERAL PLAN
LAND USE DESIGNATION OF THE CITY HALL SITE (PORTION OF APN NO.
668-101-10) FROM QUASI-INDUSTRIAL TO VERY HIGH DENSITY
RESIDENTIAL (440.25)
9. GRANTING FOR EASEMENTS FOR UTILITY PURPOSES AT THE REATA
PARK AND EVENT CENTER AND THE RANCHO MISSION VIEJO RIDING
PARK AT SAN JUAN CAPISTRANO TO SDG&E; AND QUITCLAIM OF
EXISTING UTILITY EASEMENTS FROM SDG&E, ACCEPTED (670.50)
10. RESOLUTION NO. 15-05-05-04 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING ASSIGNMENT AND ASSUMPTION OF VARIOUS
AGREEMENTS RELATING TO THE PREVIOUSLY-APPROVED 257-ACRE
TRACT TO BE DEVELOPED WITH 416 DWELLING UNITS SUBJECT TO
COMPREHENSIVE DEVELOPMENT PLAN (COP) 81-01, FORSTER CANYON
(APPLICANT: LV PACIFIC POINT LLC) (THE "PACIFICA SAN JUAN
PROJECT");" AND CITY CLERK DIRECTED TO PROCESS THE
RECORDINGS OF THE AGREEMENTS WITH THE ORANGE COUNTY
RECORDER (600.30)
4 5/5/2015
Keith Van Der Maaten, Public Works and Utilities Director, responded to
questions.
Council Action: Moved by Council Member Ferguson, seconded by Council
Member Allevato, and carried unanimously to adopt RESOLUTION NO.
15-05-05-04 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ASSIGNMENT AND
ASSUMPTION OF VARIOUS AGREEMENTS RELATING TO THE
PREVIOUSLY-APPROVED 257-ACRE TRACT TO BE DEVELOPED WITH 416
DWELLING UNITS SUBJECT TO COMPREHENSIVE DEVELOPMENT PLAN
(COP) 81-01, FORSTER CANYON (APPLICANT: LV PACIFIC POINT LLC)
(THE "PACIFICA SAN JUAN PROJECT");" and direct the City Clerk to process
the recordings of the agreements with the Orange County Recorder.
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)
ORDINANCES: None.
COUNCILMANIC ITEMS:
1. CONSIDERATION OF A CITY COUNCIL POLICY — ELECTRONIC DEVICE
REIMBURSEMENT (610.30) — ITEM CONTINUED TO JUNE 2, 2015
U2. DISCUSSION REGARDING THE PARKS, RECREATION, SENIOR AND
YOUTH SERVICES COMMISSION STUDYING AND MAKING A
RECOMMENDATION ON A SKATE PARK TO THE CITY COUNCIL (920.40) —
ITEM CONTINUED TO JUNE 2, 2015
3. SAN JUAN CAPISTRANO TRANSPORTATION CORRIDOR AGENCY'S
REPRESENTATIVE WILL TAKE THE POSITION THAT THE
TRANSPORTATION CORRIDOR AGENCY COMPLETE THE REALIGNMENT
PLAN FOR THE PROJECT (FULL EXTENSION TO THE 1-5 FREEWAY) AND
OBTAIN ALL REQUIRED PERMITS, BEFORE MOVING FORWARD WITH THE
241 TOLL ROAD TESORO EXTENSION (800.50)
Council Member Perry provided a report.
• Public Comments: Chris Marsh, City resident; Steve Behmerwohld,
City resident; Anna Dickinson, City resident; Rita Tayenaka, Orange County
Association of Realtors; Wayne Brown, South Orange County Economic
Coalition; Mark Bodenhamer, Chamber of Commerce; Rhonda Reardon,
Transportation Corridor Agency, former Board Chair of 241 Foothill Eastern
Corridor; Evan Chaffee, City resident; Richard Gardner, Capistrano Beach
resident; Thomas Whaling, City resident; and Jennifer Biel, representing
Assemblyman Bill Brough.
5 5/5/2015
Council Action: Moved by Council Member Ferguson, seconded by
Council Member Perry, and carried 4-1 with Council Member Allevato opposed
that the San Juan Capistrano Transportation Corridor Agency's Representative
will take the position that the Transportation Corridor Agency complete the
realignment plan for the project (full extension to the 1-5 Freeway) and obtain all
required permits, before moving forward with the 241 Toll Road Tesoro
Extension.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
MOTION NOT TO ADJOURN AND DISCUSS COUNCILMANIC ITEMS
4 AND 5:
Council Action: Moved by Council Member Allevato, seconded by
Council Member Ferguson and carried unanimously to discuss Councilmanic
Items 4 and 5.
4. STAFF DIRECTED TO RESEARCH CONVERTING FACILITIES TO SOLAR
POWER, INCLUDING MODELS, SUCH AS PURCHASE, LEASE, OR
KILOWATT-HOUR (KWH) PURCHASE ONLY AND INCLUDE POSSIBLE COST
SAVING ESTIMATES; AND BRING BACK TO THE CITY COUNCIL,
IN CONJUNCTION WITH THE UTILITIES COMMISSION BY THE
SEPTEMBER 1, 2015, MEETING (640.80)
Council Member Ferguson provided a report, and a handout.
Council Action: Moved by Council Member Perry, seconded by
Mayor pro tem Patterson, and carried 4-0 with Council Member Allevato absent
(Stepped out of the Council Chamber) to direct staff to research converting
facilities to solar power, including models, such as purchase, lease, or kilowatt-
hour (KWH) purchase only and include possible cost saving estimates; and
bring back to the City Council, in conjunction with the Utilities Commission
by the September 1, 2015, meeting.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato (Stepped out of the Council Chamber)
5. ANNUAL APPOINTMENTS CONDUCTED TO THE YOUTH ADVISORY
BOARD, WITH TERMS ENDING AUGUST 31, 2016 (110.20)
Maria Morris, City Clerk, provided a report.
6 5/5/2015
Council Action: Moved by Mayor Reeve, seconded by
Council Member Ferguson, and carried 4-0 with Council Member Allevato absent
(Stepped out of the Council Chamber) to appoint the following to the Youth
Advisory Board, with terms ending August 31, 2016: Bradley Wickstrom,
Capistrano Valley High School; Hannah Kredel-Speer, Capistrano Valley High
School (re-apply); Luciana Tavira, Capistrano Valley High School; Natalia Garcia,
Capistrano Valley High School (re-apply); Avrial Barreto, JSerra Catholic High
School (re-apply); Hailey Zehren, JSerra Catholic High School; Alexandra
Gonzalez, San Juan Hills High School; Cate Petersen, San Juan Hills High
School (re-apply); Emily Friess, San Juan Hills High School; Erica Delamare,
San Juan Hills High School (re-apply); Julia Delamare, San Juan Hills High
School (re-apply); Kali Winn, San Juan Hills High School; Kyle Copley,
San Juan Hills High School; Francelia Lievanos, St. Margaret's Episcopal High
School; Grant Kinsey, St. Margaret's Episcopal High School (re-apply); and
Kayla Jahangiri, Santa Margarita Catholic High School (re-apply).
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato (Stepped out of the Council Chamber)
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at 9:13 p.m. to
Tuesday, May 19, 2015, at 3:00 p.m. for an Adjourned Joint City Council and
Utilities Commission Meeting; and then to Tuesday, June 2, 2015, at 4:00 p.m. for
Closed S ssion, and 5:00 p.m. for the public Business Session, in the City Council
Cm r
Resp ul submitted,
MAR R S, CITY ER
Approved: June 2, 2015
ATTEST::/
DEREK REEVE, MAYOR
7 5/5/2015
NOTICE OF ADJOURNMENT OF MEETING OF
CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano,
California, adjourned its Regular Meeting of May 5, 2015, at 9:13 p.m., on to Tuesday,
May 19, 2015, at 3:00 p.m, for an Adjourned Regular Meeting (Joint City Council and
Utilities Commission Meeting), in the City Council Chamber 32400 Paseo Adelanto,
San Juan Capistrano.
DATE Mdy 6, 2015
i
Ma—ri4 Mo T
S, City Cle
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby declare
that the above Notice was posted at or near the door of the City Council Chamber on
May 6, 015, within 24 hours of adjournment of the above-named meeting.
I declare u d r penalty of perjury that the foregoing is true and correct.
Maria s, y Clerk