13-0305_CC_Minutes_Regular MeetingMINUTES
MARCH 5, 2013
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Taylor called the Regular Meeting of the City Council to order at
5:06 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 54954.8, the City Council conferred with
real property negotiators (Negotiators: John Taylor, Mayor, Larry Kramer,
City Council Member, Karen P. Brust, City Manager, Jim Penner and Rick
Warner) (Other Potential Parties: Church of Jesus Christ Latter Day Saints;
Accretive Realty Advisors; Pintar Investment Co.; Metro Commercial Realty
Corp.; BioRealty Inc.) pertaining to the price and terms for Lot 217.
BUSINESS SESSION:
Mayor Taylor called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:08 p.m. in the City Council Chamber.
Mayor pro tem Allevato led the Pledge of Allegiance and Council Member Kramer gave
the Invocation.
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.
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: Mayor pro tem Allevato
announced that he recused himself from Closed Session Item A, due to his
Homeowners Association ownership of property within 500 feet of Lot 217.
CITY CLERK ANNOUNCEMENT: Per Assembly Bill 23, Maria Morris, City Clerk,
announced that each Housing Authority Board Member is receiving a $50.00 stipend for
conducting the Housing Authority meeting.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Interchange Safety Meeting.
• Municipal Water District of Orange County Meeting.
• California Public Utilities Commission Meeting.
• Groundbreaking for the Ortega/1-5 Interchange Project.
• Ribbon Cutting Ceremony for Serior Barber.
• Ribbon Cutting for Olive Brach Restaurant.
• 1/11 Marine Battalion Meeting.
• Transportation Corridor Agencies — Joint Mobility Ad -Hoc
Compensation Workshop.
• Mission San Juan Capistrano Volunteer Appreciation Celebration.
• "Sailor of the Year"— Submarine Pacific Ceremony.
• Orange County Fire Authority Special Meeting.
• Mission Gate House Celebration.
INTRODUCTIONS AND PRESENTATIONS:
Meeting and
1. MAYOR PRO TEM ALLEVATO INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Gerald Muir, Parks, Recreation and Senior
Services Commission and Youth Advisory Board; Steve Behmerwohld and
Kathy Hooper, Parks, Recreation and Senior Services Commission; and former
Mayor and Council Member Joe Soto.
2. FEBRUARY 1, 2012, THROUGH APRIL 30, 2012, PROCLAIMED AS
FIESTA DE LAS GOLONDRINAS; AND THE FIESTA ASSOCIATION HANGING
JUDGE PROCEEDED WITH THE ANNUAL "HANGING OF THE MAYOR."
(610.40)
3. MOTHERS AGAINST DRUNK DRIVING (MADD) RECOGNIZED DEPUTIES
KASEY MARSHALL AND BILL SIMANDL (610.40)
4. MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) PROVIDED
A PRESENTATION REGARDING TIER 2 CONTINGENCY FUND REBATE
(610.40)
ORAL COMMUNICATIONS:
Marissa H., City resident; and Thomas M. Whaling, City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Kramer, seconded by Council Member
Byrnes and carried unanimously to approve consent calendar items 1, 2, 4, 5 and 7
as recommended by staff with Council Member Reeve abstained from consent
calendar 2.
2 3/5/2013
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF FEBRUARY 19, 2013,
APPROVED.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Reeve
3. CHECK REGISTER FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED FEBRUARY 8, 2013, TO FEBRUARY 21, 2013; AND PAYROLL
(DIRECT DEPOSIT) DATED FEBRUARY 15, 2013, RECEIVED AND FILED
(300.30)
Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Kramer, and carried unanimously to receive and file.
4. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED JANUARY 31,
2013, RECEIVED AND FILED (350.30)
5. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
6. FIVE-YEAR LICENSE AGREEMENT WITH MOUNTAIN PINES CHRISTMAS
TREE FARM WITH AN ADDITIONAL FIVE-YEAR OPTION TO RENEW
FOR THE CITY -OWNED PROPERTY LOCATED AT THE NORTH END OF APN
650-023-09 AND 0.54 ACRE PORTION OF APN 650-023-09 AND APN
650-023-08, APPROVED (600.30)
Cathy Salcedo, Executive Services Manager, responded to questions.
Council Action: Moved by Council Member Kramer, seconded by
Mayor pro tem Allevato, and carried unanimously to approve a five-year
License Agreement with Mountain Pines Christmas Tree Farm with an additional
five-year option to renew for the city -owned property located at the north end of
APN 650-023-09 and 0.54 acre portion of APN 650-023-09 and APN 650-023-08;
with the following change to Section 3, Paragraph 5 .... Licensee shall be allowed
to use the fruit stand on the Property for purposes of selling items &Finq these
events. The Licensee shall be allowed to have a temporary tent erected during
the period of time covered by the Special Activities Permit. However, no special
eventsr activities, other than clean-up....
7. PERSONAL SERVICES AGREEMENT WITH PYRO ENGINEERING, INC. DBA
BAY FIREWORKS FOR THE 2013 4T" OF JULY CELEBRATION AERIAL
FIREWORKS DISPLAY IN THE AMOUNT OF $29,000, APPROVED (600.30)
3 3/5/2013
8. CONSTRUCTION AGREEMENT WITH GENERAL PUMP COMPANY TO
REPLACE THE PUMPS AND REHABILITATE THE WELLS AT THE TIRADOR
WELL SITE AND THE KINOSHITA WELL SITE IN THE AMOUNT OF $88,714,
APPROVED (600.30)
Keith Van Der Maaten, Utilities Director, responded to questions.
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 Construction Agreement with
General Pump Company to replace the pumps and rehabilitate the wells at the
Tirador Well Site and the Kinoshita Well Site in the amount of $88,714.
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
9. UTILITIES AGREEMENT NO. 12 -UT -1122 WITH CALTRANS FOR THE 1-5 AND
CAMINO CAPISTRANO AIR VAC VALVES RELOCATION PROJECT,
APPROVED (600.50)
Keith Van Der Maaten, Utilities Director, responded to questions.
Council Action: Moved by Council Member Kramer, seconded by
Council Member Byrnes, and carried unanimously to approve Utilities Agreement
No. 12 -UT -1122 with Caltrans for the 1-5 and Camino Capistrano Air Vac Valves
Relocation Project.
10. UTILITIES AGREEMENT NO. 12 -UT -2002 WITH CALTRANS FOR THE 1-5 AND
ORTEGA HIGHWAY INTERCHANGE PIPELINE RELOCATION PROJECT,
APPROVED (600.50)
Keith Van Der Maaten, Utilities Director, responded to questions.
Council Action: Moved by Council Member Kramer, seconded by
Council Member Reeve, and carried unanimously to approve Utilities Agreement
No. 12 -UT -2002 with Caltrans for the 1-5 and Ortega Highway Interchange
Pipeline Relocation Project.
11. FORMAL BIDDING REQUIREMENTS, WAIVED; PURCHASE OF A
GREENSAND FILTER FROM CHEVRON IN THE AMOUNT OF $75,000 FOR
THE GROUNDWATER RECOVERY PLANT (GWRP) EXPANSION PROJECT
THAT IS BEING FUNDED THROUGH THE STATE OF CALIFORNIA
PROPOSITION 50 AND THE U.S. ENVIRONMENTAL PROTECTION AGENCY
GRANT FUNDS, APPROVED; AND CITY MANAGER AUTHORIZED TO
EXECUTE AN AGREEMENT WITH TONKA EQUIPMENT COMPANY FOR THE
PAINTING, STORING, AND DELIVERY OF THE GREENSAND FILTER IN AN
AMOUNT NOT TO EXCEED $45,000 FOR THE PHASE II GROUNDWATER
RECOVERY PLANT EXPANSION PROJECT THAT IS BEING FUNDED
THROUGH THE STATE OF CALIFORNIA PROPOSITION 50 AND THE U.S.
ENVIRONMENTAL PROTECTION AGENCY GRANT FUNDS (600.30)
4 3/5/2013
Keith Van Der Maaten, Utilities Director, responded to questions.
Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Kramer, and carried 3-2 with Council Member Byrnes and
Council Member Reeve opposed to waive the formal bidding requirements;
approve the purchase of a greensand filter from Chevron in the amount of
$75,000 for the Groundwater Recovery Plant (GWRP) Expansion Project that is
being funded through the State of California Proposition 50 and the U.S.
Environmental Protection Agency grant funds; and authorize the City Manager
to execute an Agreement with Tonka Equipment Company for the painting,
storing, and delivery of the greensand filter in an amount not to exceed $45,000
for the Phase II Groundwater Recovery Plant Expansion Project that is being
funded through the State of California Proposition 50 and the U.S. Environmental
Protection Agency grant funds.
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
PUBLIC HEARINGS: None.
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
ADMINISTRATIVE ITEMS: None.
ORDINANCES: None.
COUNCILMANIC ITEMS:
1. DISCUSSION TO DISPLAY AT CITY HALL OUR NATIONAL MOTTO
"IN GOD WE TRUST" (200.10)
Public Comments: Jeff Peso, City resident; and Erica Delamare,
City resident.
Council Action: Moved by Council Member Byrnes, seconded by
Mayor pro tem Allevato, and carried unanimously to accept a donation from
Jeff Peso for a "In God We Trust" and ""Freedom Shrine" display; and Mayor
requested to appoint a Sub -Committee of two (2) City Council Members to
recommend a location for the display.
Council Member Byrnes requested to agendize a Councilmanic item at the upcoming
City Council meeting regarding the former settlement between the City and
Eco Resources, Inc.
5 3/5/2013
ADJOURNMENT:
There being no further business Mayor Taylor adjourned the meeting
at 8:10 p.m. to Thursday, March 7, 2013, at 10:00 a.m. for a City Council and
City Manager Retreat at the Marriott Residence Inn in San Juan Capistrano; and then to
March 19, 2013, at 4:00 p.m. for Closed Session, and 6:00 p.m. for a public Business
Session, in'the City Council Chamber.
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Respe�, tfglly submitted,
MARIA MORRIS, CITY
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Approved: March 19, 2013
6 3/5/2013