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)
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• 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.
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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. UPDATE FROM BROWNSTEIN HYATT FARBER SCHRECK, RECEIVED AND
FILED; COMMENCEMENT OF PHASE 4 OF THE WORK PLAN, AUTHORIZED;
PROVIDED THE FOLLOWING AUTHORIZATION ON PHASE 3 AND A).
MAYOR AUTHORIZED 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). BROWNSTEIN HYATT FARBER SCHRECK
AUTHORIZED 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).
BROWNSTEIN HYATT FARBER SCHRECK AUTHORIZED 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 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, APPROVED (600.30)
Dylan 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
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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)
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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.
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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
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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