12-1211_CC_Minutes_Adjourned Regular MeetingMINUTES
DECEMBER 11, 2012
SAN JUAN CAPISTRANO CITY COUNCIL
ADJOURNED REGULAR MEETING
CLOSED SESSION:
Mayor Taylor called the Adjourned Regular Meeting of the City Council to order at
5:01 p.m. in the City Council Chamber.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., Derek Reeve, Larry Kramer,
Mayor pro tem Sam Allevato and Mayor John Taylor
COUNCIL MEMBERS ABSENT: None.
PUBLIC COMMENT: None.
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 existing litigation in the matter of Save Our San
Juan vs. City of San Juan Capistrano (Koll), Orange County Superior Court Case
No. 30-2009-00305377-C U -W M-CXC .
b. Pursuant to Government Code Section 54956.9(a), the City Council conferred
with Legal Counsel pertaining to existing litigation in the matter of Daniel Friess
vs. City of San Juan Capistrano, Case No. 30-2011-00521556-CU-TT-CXC.
C. Pursuant to Government Code Section 54956.9(c), the City Council conferred
with Legal Counsel pertaining to one potential item for initiation of litigation.
BUSINESS SESSION:
Mayor Taylor called the Adjourned Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:02 p.m. in the City Council Chamber.
Council Member Kramer led the Pledge of Allegiance and Mayor pro tem Allevato gave
the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., Larry Kramer, Derek Reeve,
Mayor pro tem Sam Allevato and Mayor John Taylor
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.
MEETING DEDICATION: Mayor Taylor dedicated the meeting in the memory of two
long-time San Juan Capistrano residents: Francine Pala Sommers Yorba, a very
valued member of the community, who served as the Vice -Chair of the Juaneno Band
of Mission Indians and Dr. Jack Mannix, a well-respected and beloved local
veterinarian.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• San Juan Basin Authority meeting.
• Transportation Corridor Agency meeting.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM ALLEVATO INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Gerald Muir, Parks, Recreation and Senior
Services Commission and Youth Advisory Board; Bob Cardoza, Design Review
Committee; Steve Behmerwold and Ronald Denman, Parks, Recreation and
Senior Services Commission; Roy Nunn and Rob Williams, Planning
Commission; Tom Ostensen, Ilse Byrnes and Renee Ritchie, Open Space, Trails
and Equestrian Commission; and Zach Ramsey, Youth Advisory Board.
2. PRESENTATION AND DONATION PROVIDED FROM ORANGEMAN
TRIATHLON 2012 EVENT (610.401150.60)
ORAL COMMUNICATIONS:
• Dennis Sommers, City resident; Ian Smith, City resident; Dusty Otero, City resident;
and Zach Ramsey, Youth Advisory Board Member.
CONSENT CALENDAR:
Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member
Reeve and carried unanimously to approve consent calendar items 1, through 7 as
recommended by staff with Council Member Byrnes abstained from consent calendar
item 2.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL AND TRANSPORTATION COMMISSION MINUTES — SPECIAL
JOINT MEETING OF OCTOBER 10, 2012, APPROVED.
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Reeve, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Byrnes
3. CITY COUNCIL MINUTES — SPECIAL MEETING OF DECEMBER 4, 2012,
APPROVED.
2 12/11/2012
4. CHECK REGISTER FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED NOVEMBER 16, 2012, TO NOVEMBER 29, 2012; PAYROLL (DIRECT
DEPOSITS) DATED NOVEMBER 23, 2012, RECEIVED AND FILED (300.30)
5. RESOLUTION 12-12-11-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY
OF SAN JUAN CAPISTRANO FOR THE FISCAL YEAR ENDED JUNE 30,
2012" (820.25)
6. RESOLUTION 12-12-11-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
QUITCLAIMING UTILITY AND ACCESS EASEMENT FOR TRACT 13436
(CAMPANILLA) (TAYLOR MORRISON OF CALIFORNIA, LLC);" CITY
ENGINEER DIRECTED TO REPLACE UTILITY AND ACCESS EASEMENTS
FOR TRACT 13436; AND CITY CLERK DIRECTED TO PROCESS THE
RECORDING OF THE QUITCLAIM AND EASEMENT DOCUMENTS,
APPROVED (670.50)
7. FREEWAY MAINTENANCE AGREEMENT AND MAINTENANCE AGREEMENT
WITH CALTRANS FOR THE RECONSTRUCTION OF ORTEGA HIGHWAY
AND 1-5 INTERCHANGE PROJECT, APPROVED (600.50)
8. RESOLUTION 12-12-11-03 ADOPTED ACCEPTING THE CONVEYANCE AND
QUITCLAIM OF ASSESSOR'S PARCEL NUMBER (APN) 124-190-24 (670.50)
Council Action: Moved by Mayor pro tem Allevato, seconded by Council
Member Kramer, and carried unanimously to adopt RESOLUTION 12-12-11-03
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING THE CONVEYANCE AND
QUITCLAIM OF ASSESSOR'S PARCEL NUMBER (APN) 124-190-24."
9. LICENSE AGREEMENT WITH ORANGE COUNTY HEAD START, INC. FOR A
FIVE-YEAR LEASE OF CITY -OWNED PROPERTY LOCATED AT 31486 EL
CAMINO REAL, APPROVED (600.30)
Cathy Salcedo, Executive Services Manager, responded to questions.
Council Action: Moved by Council Member Byrnes, seconded by Mayor pro tem
Allevato, and carried unanimously to approve a License Agreement with the
Orange County Head Start, Inc. for a five-year lease of City -owned property
located at 31486 EI Camino Real.
3 12/11/2012
10. FORMAL BIDDING REQUIREMENTS, WAIVED; PURCHASE OF 448
REVERSE OSMOSIS MEMBRANE FILTERS IN THE AMOUNT NOT TO
EXCEED $188,261 FROM TORAY MEMBRANE USA, INC; AND, BUDGET
TRANSFER OF $45,000 FROM ACCOUNT 60-94534-62250-000 TO 62-94755-
64203-00000-000 AND BUDGET TRANSFER OF $54,287 FROM ACCOUNT
62-97534-63302-00000-000 TO ACCOUNT 62-94755-64203-00000-000, 1
APPROVED (370.30)
Keith Van Der Maaten, Utilities Director, provided a staff report and responded to
questions.
;usty
Public Comments: Kim Lefner, City resident; Mark Speros, City resident,
Otero, City resident.
Council Action: Moved by Council Member Byrnes, seconded by Council
Member Kramer, and carried 3-2 with Council Member Reeve and Council
Member Byrnes opposed to waive formal bidding requirements; approve the
purchase of 448 Reverse Osmosis Membrane Filters in the amount not to
exceed $188,261 from Toray Membrane USA, Inc.; and, approve a budget
transfer of $45,000 from Account 60-94534-62250-000 to 62-94755-64203-
00000-000 and a budget transfer of $54,287 from Account 62-97534-63302-
00000-000 to Account 62-94755-64203-00000-000.
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve and Byrnes
ABSENT: COUNCIL MEMBER: None
PUBLIC HEARINGS:
1. CONSIDERATION OF A REZONE (RZ) 12-03, SITE PLAN REVIEW (SPR) 12-
02, FOR THE PROPERTY LOCATED AT 31766 LOS RIOS STREET AND
26711 VERDUGO STREET (MONICA MUKAI) (LUPE COMBS HOUSE CAFE) -
CONTINUED TO A FUTURE MEETING (460.201410.50)
• Public Correspondence: Monica Mukai, applicant.
Mayor Taylor recused himself and stepped out of the Council Chamber due to
the proximity to his residence.
Public Testimony: Monica Mukai, applicant.
Council Action: Moved by Council Member Byrnes, seconded by
Council Member Reeve, and carried 4-0 with Mayor Taylor recused to continue
the public hearing to a future meeting.
ROLL CALL:
AYES:
COUNCIL MEMBER: Byrnes, Kramer, Reeve and Mayor pro tem Allevato
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Mayor Taylor
4 12/11/2012
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
ADMINISTRATIVE ITEMS:
L� G1. DEVELOPMENT SERVICES
a. CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING (MOU) WITH
THE SAN JUAN CAPISTRANO OPEN SPACE FOUNDATION, INC. FOR THE
REATA PARK AND EVENT CENTER PROJECT; AND A RESOLUTION
APPROVING A MITIGATED NEGATIVE DECLARATION (MND) AND THE
REATA PARK AND EVENT CENTER MASTER PLAN (CIP 12201)
(CITY COUNCIL URGENT STRATEGIC PRIORITY) (600.30)
Public Correspondence: Shelly Barker, City resident; Craig W. Rahn,
City resident; and Clint Worthington, Capistrano Taxpayers Association.
David Contreras, Senior Planner, provided a staff report and responded to
questions. Ed Almanza, Ed Almanza & Associates, responded to questions.
• Public Comments: Kim Lefner, City resident; John Clifton, City resident;
Ian Smith, City resident; Tony Brown, City resident; Renee Ritchie,
City resident; Mark Speros, City resident; Deborah Smith, City resident;
Elliott Levenson, City resident; Brad Gates, and Dick Paulsen,
San Juan Capistrano Open Space Foundation.
Moved by Council Member Byrnes, seconded by Council Member Reeve,
motion failed 2-3 with Council Member Kramer, Mayor pro tem Allevato and
Mayor Taylor opposed to direct the City Attorney to prepare a written report to
the City Council addressing the following: 1) What cities in size comparable to
San Juan Capistrano have utilized this specific type of public/private partnership
for the purpose of park and open space development, and what has been their
long term experience?; and 2) In view of the relationship of possible potential
development between the City and the San Juan Capistrano Open Space
Foundation (SJCOSF). What obligation exists for the SJCOSF to conform with
provisions of the Brown Act, for disclosure of funding sources and financing?
Should a representative seat on the SJCOSF Board?
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes and Reeve
NOES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
ABSENT: COUNCIL MEMBER: None
Moved by Council Member Reeve, seconded by Council Member Byrnes,
motion failed 2-3 with Council Member Kramer, Mayor pro tem Allevato and
Mayor Taylor opposed to 1) direct the City Attorney to provide a draft written
strategy on how the City may earn a financial consideration from the propose
event center without violating the relevant Internal Revenue Service (IRS) codes;
and 2) and direct the City Manager to prepare a Business and Management Plan
before proceeding further.
5 12/11/2012
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes and Reeve
NOES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
ABSENT: COUNCIL MEMBER: None
1St Council Action: Moved by Council Member Kramer, seconded by
Mayor pro tem Allevato, and carried 4-1 with Council Member Reeve opposed to
adopted Resolution 12-12-11-04 adopting: A MITIGATED NEGATIVE
DECLARATION FOR THE REATA PARK AND EVENT CENTER LOCATED AT
28632-28652 ORTEGA HIGHWAY, SAN JUAN CAPISTRANO, CALIFORNIA
(ASSESSORS PARCEL NUMBER: 125-172-27 (REATA PARK AND EVENT
CENTER).
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
2nd Council Action: Moved by Council Member Kramer, seconded by
Mayor pro tem Allevato, and carried 3-2 with Council Member Byrnes and
Council Member Reeve opposed to adopted Resolution 12-12-11-05 approving:
THE REATA PARK AND EVENT CENTER MATER PLAN LOCATED AT 28632-
28652 ORTEGA HIGHWAY, SAN JUAN CAPISTRANO, CALIFORNIA
(ASSESSORS PARCEL NUMBER: 125-172-27 (REATA PARK AND EVENT
CENTER); subject to the condition that prior to commencement of any
construction by the SJCOSF, the City and the SJCOSF will have entered into a
Memorandum of Understanding (MOU) regarding the Reata Park and Event
Center; and staff directed to bring back a design feature that would provide
24/1 trail access for the equestrian trail, with the understanding that the
Arizona Crossing trail will eventually be completed to the extent that it can be
legally and practically done.
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
3rd Council Action: Moved by Council Member Kramer, seconded by
Mayor pro tem Allevato, and carried 3-2 with Council Member Byrnes and
Council Member Reeve opposed to approve a Memorandum of Understanding
with the San Juan Capistrano Open Space Foundation, Inc. (SJCOSF), with the
caveat that the City Manager and City Attorney may make minor corrections prior
to execution; and approve the appropriation of $289,237.44 from the Park and
Recreation fund and $239,623.68 from the Measure Y Bond Proceeds fund for a
total of $528,861.12 to CIP 12201 for the City costs.
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
6 12/11/2012
G2. UTILITIES SERVICES
a. FORMAL BIDDING REQUIREMENTS, WAIVED; AND, PERSONAL SERVICES
AGREEMENT WITH HUITT-ZOLLARS, INC. IN THE AMOUNT OF $24,360 TO
DESIGN A NEW DOMESTIC WATER SERVICE LINE TO SERVE AS THE
POINT OF CONNECTION FOR WATER SERVICE FOR THE REATA PARK
AND EVENT CENTER, APPROVED (600.30)
Keith Van Der Maaten, Utilities Director, provided a staff report and responded to
questions.
Council Action: Moved by Council Member Kramer, seconded by Mayor pro
tem Allevato, and carried 4-1 with Council Member Reeve opposed to waive
formal bidding requirements; and, approve a Personal Services Agreement with
Huitt-Zollars, Inc. In the amount of $24,360 to design a new domestic water
service line to serve as the point of connection for water service for the
Reata Park and Event Center.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
G3. PUBLIC WORKS
a. UPDATED REGARDING THE SUN RANCH DRAINAGE IMPROVEMENT
PROJECT (CIP 11503) (SPIESS CONSTRUCTION COMPANY, INC),
RECEIVED AND FILED — NO FORMAL ACTION TAKEN (600.30)
Jim Ross, Acting Public Works Director, and Joe Mankawich, Associate
Engineer, provided an update and responded to questions.
ORDINANCES:
1. ADOPTION OF ORDINANCE 1000 - AMENDING MUNICIPAL CODE SECTION
4-6.501, ARTICLE 5, TITLE 4 — ESTABLISHING SPEED LIMITS, APPROVED
(590.30)
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Reeve, and carried unanimously to approved a third reading
and adoption of an ordinance entitled "AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED
LIMITS AT VARIOUS LOCATIONS BY AMENDING SECTION 4-6.501,
ARTICLE 5, TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE."
7 12/11/2012
COUNCILMANIC ITEMS:
CONSIDERATION OF ADOPTION OF THE CALIFORNIA FAIR POLITICAL
PRACTICES COMMISSION (FPPC) FORM 806 — AGENCY REPORT OF
PUBLIC OFFICIAL APPOINTMENTS; AND APPOINTMENT OF CITY COUNCIL
REPRESENTATIVES TO OUTSIDE AGENCIES — ITEM CONTINUED TO
JANUARY 15, 2013 (640.40/610.60)
Council Action: Moved by Council Member Reeve, seconded by
Mayor pro tem Allevato, and carried unanimously to continue the item to
January 15, 2013.
2. CONSIDERATION OF DECLARING A VACANCY ON THE PLANNING
COMMISSION (110.20)
Public Comments: Roy Nunn, Planning Commissioner.
Council Action: Moved by Council Member Kramer, seconded by
Council Member Reeve, and carried unanimously to not declare a vacancy on
the Planning Commission.
ADJOURNMENT:
There being no further business Mayor Taylor adjourned the meeting
at 11:27 p.m. to Tuesday, January 15, 2013, at 5:00 p.m. for Closed Session, and
6:091TI. foo a public Business Session, in the City Council Chamber. 7
submitted;
Approved: January 15, 2013
I�
8 12/11/2012