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15-0915_CC_Minutes_Regular Meeting MINUTES September 15, 2015 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Mayor Reeve called the Regular Meeting of the City Council to order at 4:01 p.m. in the City Council Chamber. ROLL CALL: COUNCIL MEMBERS PRESENT: Sam Allevato, Kerry K. Ferguson, and Mayor Derek Reeve. COUNCIL MEMBERS ABSENT: John M. Perry and Mayor pro tem Pam Patterson, Esq. PUBLIC COMMENT: Tony and Orrie Brown, City residents, submitted correspondence for Closed Session Item D. 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), the City Council conferred with legal counsel pertaining to the administrative proceedings in the Matter of the Application of San Diego Gas and Electric Company for a Certificate of Public Convenience and Necessity for the South Orange County Reliability Enhancement Project (CPUC Application No. 12-05-020). b. Pursuant to Government Code Section 54956.9 (a), and (d)(2), the City Council conferred with Legal Counsel to discuss exposure to potential litigation for the Claim from Scott E. McConnell, Attorney at Law, received on September 10, 2015. C. Pursuant to Government Code Section 54956.8, the City Council met with its Real Property Negotiators (Keith Till, Interim City Manager and Jeffrey Ballinger, City Attorney) concerning the price and terms of payment concerning certain real property located at 31612 EI Camino Real, in the City of San Juan Capistrano (Assessor Parcel Number 124-170-11). Negotiating parties: Calvary Chapel of San Juan Capistrano. d. Pursuant to Government Code Section 54956.8, the City Council met with its Real Property Negotiators (Keith Till, Interim City Manager; and Jeffrey Ballinger, City Attorney) concerning the price and terms of payment concerning certain real property located at APN 124-160-18 Public Parking Lot (Southwest corner of EI Camino Real and Yorba Street); APN 124-160-16 Public Parking Lot (31852 EI Camino Real at Forster Street); APN 124-160-19 Public Parking Lot (31811 EI Camino Real at Yorba Street); APN 124-160-31 Public Parking Lot (26874 Ortega Highway at EI Camino Real); APN 124-160-55 Commercial Property (31776 EI Camino Real); and, APNs 121-240-36, 121-240-73, 121240- 76, 121-253-13 and 121-253-15 Vacant Land (Lower Rosan Ranch). 1 BUSINESS SESSION: Mayor Reeve called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 5:06 p.m. in the City Council Chamber. Council Member Ferguson led the Pledge of Allegiance and Council Member Allevato gave the invocation. —� ROLL CALL: COUNCIL MEMBERS PRESENT: Sam Allevato, Kerry K. Ferguson, and Mayor Derek Reeve. COUNCIL MEMBERS ABSENT: John M. Perry and Mayor pro tem Pam Patterson, Esq. 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: Jeff Ballinger, City Attorney, reported that for Closed Session Item B, the City Council voted 3-0 with Mayor pro tem Patterson and Council Member Perry absent to reject the claim. INTRODUCTIONS AND PRESENTATIONS: 1. COUNCIL MEMBER FERGUSON INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Gerald Muir, Design Review Committee, Parks, Recreation, Senior and Youth Services Commission, and Youth Advisory Board; Ron Denman, Parks, Recreation, Senior and Youth Services Commission; Bob Cardoza, Design Review Committee; and Hannah Kridel- Speer, Youth Advisory Board. 2. SEPTEMBER 17TH — SEPTEMBER 23RD PROCLAIMED AS CONSTITUTION WEEK (610.40) ORAL COMMUNICATIONS: • Hannah Kridel-Speer, Youth Advisory Board. PUBLIC HEARINGS: 1. RESOLUTION NO. 15-09-15-01 ADOPTED APPROVING AMENDED AND RESTATED SPECIAL 4(d) INTERIM HABITAT LOSS IMPLEMENTATION AGREEMENT, ACCEPTING A SURETY BOND IN THE AMOUNT OF $3,000,000 REQUIRED PER THE AGREEMENT, APPROVING MODIFICATION TO CONDITIONS OF APPROVAL OF VESTING TENTATIVE TRACT MAP (VTTM) 15609 (RESOLUTION NO. 03-09-16-06) (PACIFICA SAN JUAN), AND APPROVING AN OPEN SPACE EASEMENT AND A PUBLIC TRAIL EASEMENT ON LOT H OF FINAL TRACT MAP 16750 (ASSESSOR PARCEL NUMBER 675421-18); AND OPEN SPACE EASEMENT AND A PUBLIC TRAIL EASEMENT ON LOT H OF FINAL TRACT MAP 16750 TO BE ACCEPTED AND RECORDED UPON COMPLETION OF THE RESTORATION AND TRAIL WORK (600.30) 2 9/15/2015 • Public Correspondence: Erich Yost, City resident. Charlie View, Project Manager, provided a PowerPoint presentation and responded to questions. Mayor Reeve opened the public hearing and invited testimony. • Public Testimony: Mike Roberts, Applicant, D & V Pacific Ventures; and Steve Behmerwohld, City resident. Mayor Reeve closed the public hearing. Council Action: Moved by Council Member Allevato, seconded by Council Member Ferguson, and carried 3-2 with Mayor pro tem Patterson and Council Member Perry absent to adopt RESOLUTION NO. 15-09-15-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AMENDED AND RESTATED SPECIAL 4(d) INTERIM HABITAT LOSS IMPLEMENTATION AGREEMENT, ACCEPTING A SURETY BOND IN THE AMOUNT OF $3,000,000 REQUIRED PER THE AGREEMENT, APPROVING MODIFICATION TO CONDITIONS OF APPROVAL OF VESTING TENTATIVE TRACT MAP (VTTM) 15609 (RESOLUTION NO. 03-09-16-06) (PACIFICA SAN JUAN), AND APPROVING AN OPEN SPACE EASEMENT AND A PUBLIC TRAIL EASEMENT ON LOT H OF FINAL TRACT MAP 16750 (ASSESSOR PARCEL NUMBER 675-421-18); and to accept and record the Open Space Easement and a Public Trail Easement on Lot H of Final Tract Map 16750 upon completion of the restoration and trail work. ROLL CALL: AYES: COUNCIL MEMBER: Ferguson, Allevato and Mayor Reeve NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Perry and Mayor pro tem Patterson ADMINISTRATIVE ITEMS: E1 * PUBLIC WORKS a. SPEED HUMPS ON SADDLERIDGE DRIVE FROM HILL TERRACE TO SILVER CREEK DRIVE, APPROVED (590.50) George Alvarez, City Engineer/Traffic Engineer, provided an agenda report and responded to questions. • Public Comments: Paul Grunewald, City resident. Council Action: Moved by Council Member Allevato, seconded by Council Member Ferguson, and carried 3-0 with Mayor pro tem Patterson and L✓ Council Member Perry absent to approve the installation of speed humps on Saddleridge Drive from Hillside Terrace to Silver Creek Drive. 3 9/15/2015 ROLL CALL: AYES: COUNCIL MEMBER: Ferguson, Allevato and Mayor Reeve NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Perry and Mayor pro tem Patterson E2 CITY MANAGER a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ylan Johnson, Brownstein Hyatt Farber Schreck, provided an agenda report. Council Action: Moved by Mayor Reeve, seconded by Council Member Ferguson, and carried 3-2 with Mayor pro tem Patterson and Council Member Perry absent to receive and file an update from Brownstein Hyatt Farber Schreck; authorize the commencement of Phase 4 of the Work Plan; provide the following authorization on Phase 3 and 4: a). authorize the Mayor to execute an amendment to the agreement with Brownstein Hyatt Farber Schreck, for a total amount not to exceed $215,000, for Phases 1, 2, 3 and 4 of the Work Plan; b). authorize Brownstein Hyatt Farber Schreck to amend its agreement with HDR Engineering for engineering and technical services associated with Phases 3 and 4 for a total amount not to exceed $117,700; c). authorize Brownstein Hyatt Farber Schreck to amend its agreement with Laer Pearce & Associates to assist with public relations services associated with Phases 3 and 4 for a total amount not to exceed $58,000; and approve an appropriation of$166,345 from the water enterprise operations fund reserve; $27,398 from the sewer enterprise operations fund reserve and $1,957 from the general fund reserve for the cost of the agreements. ROLL CALL: AYES: COUNCIL MEMBER: Ferguson, Allevato and Mayor Reeve NOES: COUNCIL MEMBER: None ' ABSENT: COUNCIL MEMBER: Perry and Mayor pro tem Patterson 4 9/15/2015 b. EXTENSION AND AMENDMENT TO THE JULY 23, 2009, WASTE DISPOSAL AGREEMENT WITH THE COUNTY OF ORANGE THROUGH JUNE 30, 2025, TO ENSURE ALLOCATION OF FUTURE IMPORTATION REVENUES TO THE CITY WITH THE CONTINUATION OF IMPORT WASTE TO THE LANDFILL, APPROVED (600.50) Charlie View, Project Manager, provided an agenda report and responded to questions. Noreen Swiontek, Senior Management Analyst, responded to questions. . Public Comments: Dean Ruffrige, CR&R Waste and Recycling Services. Council Action: Moved by Council Member Allevato, seconded by Council Member Ferguson, and carried 3-0 with Mayor pro tem Patterson and Council Member Perry absent to approve the Extension and Amendment to the July 23, 2009, Waste Disposal Agreement with the County of Orange through June 30, 2025, to ensure allocation of future importation revenues to the City with the continuation of import waste to the landfill. ROLL CALL: AYES: COUNCIL MEMBER: Ferguson, Allevato and Mayor Reeve NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Perry and Mayor pro tem Patterson CONSENT CALENDAR: Council Action: Moved by Council Member Allevato, seconded by Council Member Ferguson, and carried 3-0 with Mayor pro tem Patterson and Council Member Perry absent to approve consent calendar items 1, through 9, as recommended by staff. 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2. CITY COUNCIL MINUTES — SPECIAL MEETING OF SEPTEMBER 1, 2015, (CLOSED SESSION)APPROVED. 3. CITY COUNCIL MINUTES — REGULAR MEETING OF SEPTEMBER 1, 2015, APPROVED. 4. CITY COUNCIL MINUTES — SPECIAL MEETING OF SEPTEMBER 3, 2015, (WORKSHOP) APPROVED. 5. CHECK REGISTERS FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED AUGUST 21, 2015, TO SEPTEMBER 3, 2015; PAYROLL (CHECK) DATED AUGUST 18, 2015; PAYROLL (CHECKS) DATED AUGUST 28, 2015; AND PAYROLL (DIRECT DEPOSITS) DATED AUGUST 28, 2015, RECEIVED AND FILED (300.30) 6. REVIEW OF CASH AND INVESTMENT REPORT FOR THE MONTH ENDED U JULY 31, 2015, RECEIVED AND FILED (350.30) 5 9/15/2015 7. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.10) 8. APPROPRIATION OF FUNDS FROM THE GENERAL FUND RESERVE IN AN AMOUNT OF $97,500 TO IMPLEMENT EMERGENCY STORM DRAIN n CLEANING AND $23,000 FOR TEMPORARY EMERGENCY REMOVAL OF STORM DRAIN TRASH SCREENS FOR A TOTAL OF $120,500, APPROVED (330.10) 9. AGREEMENT WITH MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) FOR SHARING CONSULTANT COSTS FOR THE 2015 URBAN WATER MANAGEMENT PLANS, APPROVED (600.50) 10. FIRST AMENDMENT TO THE LICENSE AGREEMENT WITH ECOCENTER, INC., DBA THE ECOLOGY CENTER, APPROVED (600.30) Keith Till, Interim City Manager, provided an agenda report and responded to questions. Sergio Klotz, Interim Development Services Director, responded to questions. Council Action: Moved by Council Member Allevato, seconded by Mayor Reeve, and carried 3-2 with Mayor pro tem Patterson and Council Member Perry absent to approve the First Amendment to the License Agreement with Ecocenter, Inc., dba The Ecology Center. ROLL CALL: AYES: COUNCIL MEMBER: Ferguson, Allevato and Mayor Reeve NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Perry and Mayor pro tem Patterson SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) ORDINANCES: None. COUNCIL ACTION ITEMS: 1. CONSIDERATION AND DIRECTION TO THE 2015 LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE ON HOW TO VOTE ON THE LEAGUE'S POLICY RESOLUTIONS (140.20) Maria Morris, City Clerk, provided an agenda report. Council Action: Moved by Mayor Reeve, seconded by Council Member Allevato, and carried 3-0 with Mayor pro tem Patterson and Council Member Perry absent to direct the voting delegate to vote in support of all four (4) proposed League's Policy Resolutions; and to appoint Council Member Ferguson as the 1St alternate voting delegate in the event the voting delegate is not able to attend the 2015 League of California League's Conference. 6 9/15/2015 ROLL CALL: AYES: COUNCIL MEMBER: Ferguson, Allevato and Mayor Reeve NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Perry and Mayor pro tem Patterson 2. ROBERT GRAYSON APPOINTED TO FILL THE VACANCY ON THE CITIZENS' BOND OVERSIGHT AD-HOC COMMITTEE, WITH TERM ENDING DECEMBER 17, 2015 (340.20) Maria Morris, City Clerk, provided an agenda report. Council Action: Moved by Council Member Allevato, seconded by Council Member Ferguson, and carried 3-0 with Mayor pro tem Patterson and Council Member Perry absent to appoint Robert Grayson to fill the vacancy on the Citizens' Bond Oversight Ad-Hoc Committee, with term ending December 17, 2015. ROLL CALL: AYES: COUNCIL MEMBER: Ferguson, Allevato and Mayor Reeve NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Perry and Mayor pro tem Patterson 3. FEE WAIVER REQUEST FROM THE WOMEN'S CLUB OF SAN JUAN CAPISTRANO FOR THE CITY COUNCIL TO WAIVE THE $2,000 DEVELOPER DEPOSIT APPLICATION FEE FOR AN ARCHITECTURAL CONTROL MODIFICATION/ADMINISTRATIVE APPROVAL REQUIRED FOR A CHANGE OF COLOR TO A NON-RESIDENTIAL STRUCTURE, AUTHORIZED (390.30) Council Member Ferguson provided a report. Sergio Klotz, Interim Development Services Director, responded to questions. Council Action: Moved by Council Member Ferguson, seconded by Council Member Allevato, and carried 3-0 with Mayor pro tem Patterson and Council Member Perry absent to authorize waiving $2,000 for a Developer Deposit Application Fee from The Women's Club of San Juan Capistrano, for an Architectural Control Modification/Administrative Approval required for a change of color to a non-residential structure. ROLL CALL: AYES: COUNCIL MEMBER: Ferguson, Allevato and Mayor Reeve NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Perry and Mayor pro tem Patterson 7 9/15/2015 CITY COUNCIL REPORTS: • Council Member Ferguson reported on the following: Transportation Corridor Agencies Meetings; and a Neighborhood Quality of Life Mayoral Sub-Committee _ Meeting. • Council Member Allevato reported on the following: a recognition received for his years of service on the Transportation Corridor Agencies; a Tri-City (San Juan Capistrano, San Clemente and Dana Point) Sober Living Committee Meeting formed by Assemblyman Bill Brough; and a 1/11 Marine Battalion event. He asked for an item to be agendized at a future City Council meeting to provide him with direction from the City Council on how to proceed on the Tri-City Sober Living Committee, in which he serves. ADJOURNMENT: There being no further business Mayor Reeve adjourned the meeting at 6:35 p.m. to Monday, October 5, 2015 at 1:00 p.m, for a Closed Session Meeting; and then to Tuesday October 6, 2015, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public Busine s sion, in the City Council Chamber. Respectf bmitted, < i MARIA IS, CITY LER Approved: October 6, 2015 ATTEST: .D'A� /�eR DEREK REEVE, MAYOR 8 9/15/2015