13-0604_CC_Minutes_Regular MeetingMINUTES
JUNE 4, 2013
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Taylor called the Regular Meeting of the City Council to order at
5:03 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 54957, the City Council conducted a
public employee performance evaluation of the City Clerk.
BUSINESS SESSION.-
Mayor
ESSION:
Mayor Taylor called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:10 p.m. in the City Council Chamber.
Mayor pro tem Allevato led the Pledge of Allegiance and Council Member Kramer gave
the Invocation.
R()I I C:AI I
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: None.
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:
• Explorer Scouts Fundraiser.
• 1/11 Marine Volunteer Luncheon.
• South Orange County Community Spotlight — San Diego Gas & Electric.
• Santa Margarita Water District Meeting.
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• Senior Citizens 90th Birthday Party.
• Desalinization Project Meeting.
• Orange County Water Summit at Disneyland.
• Boys and Girls Club Gala.
• Historical Society Family Gathering at Museum.
• 1/11 Marine Car Wash.
• Marine Give Back Day.
• Associated Senior Action Program Luncheon.
• Bus Route Meeting with Orange County Transportation Authority.
• International Council of Shopping Centers Convention in Las Vegas.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM ALLEVATO INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Ron Denman and Steve Behmerwohld, Parks,
Recreation and Senior Services Commission; Gerald Muir, Parks, Recreation
and Senior Services Commission and Youth Advisory Board; Ilse Byrnes, Open
Space, Trails and Equestrian Commission; Jan Siegel, Cultural Heritage
Commission; Roy Nunn, Planning Commission; and Bob Cardoza, Design
Review Committee.
2. JUNE 22, 2013, PROCLAIMED TO THE AMERICAN CANCER SOCIETY'S
RELAY FOR LIFE EVENT AS PAINT THE TOWN PURPLE DAY (610.40)
3. SADDLEBACK VALLEY CHRISTIAN SCHOOL VOLLEYBALL TEAM
RECOGNIZED FOR THE CIF DIVISION CHAMPIONSHIP (610.40)
4. MR. RICH MEYER, PRESIDENT, JSERRA CATHOLIC HIGH SCHOOL,
INTRODUCED AND PROVIDED AN UPDATE (610.40)
5. ORANGE COUNTY TRANSPORTATION AUTHORITY PROVIDED AN UPDATE
REGARDING METROLINK CROSS -PROMOTIONS (940.80)
ORAL COMMUNICATIONS:
• Jan Siegel, City resident; Nancy Ingham, Capistrano Beach resident; and
Dave Solt, City resident.
CONSENT CALENDAR:
Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member
Kramer, and carried unanimously to approve consent calendar items 1 through 15 as
recommended by staff; with Mayor Taylor abstained from consent calendar 10; Council
Member Reeve and Council Member Byrnes opposed to consent calendar 11; and
Council Member Reeve opposed to 13.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF MAY 7, 2013,
APPROVED.
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3. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
MAY 15, 2013, APPROVED.
4. CHECK REGISTER FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED APRIL 19, 2013, TO MAY 2, 2013, AND MAY 3, 2013, TO MAY 16,
2013; PAYROLL (DIRECT DEPOSIT) DATED APRIL 26, 2013, AND MAY 10,
2013; AND PAYROLL (CHECK) DATED APRIL 24, 2013, TO MAY 10, 2013,
RECEIVED AND FILED (300.30)
5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
APRIL 30, 2013, RECEIVED AND FILED (350.30)
6. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
7. CLAIM OF FABIAN AND MICHELLE CARRILLO, DENIED, BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.10)
8. DATE OF THE CITY COUNCIL'S PREVIOUS APPROVAL FOR THE 2013
ORANGEMAN TRIATHLON CHANGED TO SEPTEMBER 8, 2013 (150.60)
9. BUILDING PERMIT FEE WAIVER IN THE AMOUNT OF $268.24, FOR THE
EAGLE SCOUT PROJECT OF RYAN GATES — SCOUT TROOP 724 TO
CONSTRUCT A STAIRCASE AT THE DR. JOE CORTESE DOG PARK,
APPROVED (390.30)
10. RESOLUTION NO. 13-06-04-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, ACCEPTING
THE CONVEYANCE AND QUITCLAIM OF CERTAIN GOVERNMENTAL USE
PROPERTIES" (670.50)
Mayor Taylor abstained due to properties within 500 feet of his residence.
Rnl I r`.AI I
AYES: COUNCIL MEMBER: Byrnes, Reeve, Kramer and Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Mayor Taylor
11. GRANT EASEMENTS WITHIN THE RANCH MISSION VIEJO RIDING PARK AT
SAN JUAN CAPISTRANO TO THE SANTA MARGARITA WATER DISTRICT
FOR A SEWER LINE AND THE COUNTY OF ORANGE FOR A STORM DRAIN
LINE, APPROVED; AND MAYOR AUTHORIZED TO EXECUTE THE
EASEMENTS (600.30/670.50)
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
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12. PLANS AND SPECIFICATIONS PREPARED BY DUDEK FOR THE RECYCLED
WATER CONVERSIONS AT THE MARBELLA COUNTRY CLUB GOLF
COURSE AND LANDSCAPED AREAS WITHIN THE RESIDENTIAL
COMMUNITY OF MARBELLA, APPROVED; AND STAFF DIRECTED TO
ADVERTISE FOR COMPETITIVE BIDS (600.30)
13. CONSTRUCTION AGREEMENT WITH PAULUS ENGINEERING, INC. IN THE
AMOUNT OF $159,934.50 FOR THE CONSTRUCTION OF A NEW DOMESTIC
WATER SERVICE LINE TO SERVE THE REATA AND EVENT CENTER,
APPROVED (600.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
14. AMENDMENT NO. 4 TO THE INTEGRATED REGIONAL WATER
MANAGEMENT PROPOSITION 50 GRANT AGREEMENT, APPROVED; AND
FISCAL YEAR 2012-2013 CAPITAL IMPROVEMENT PROGRAM BUDGET,
AMENDED (330.40/600.50)
15. PLANS AND SPECIFICATIONS AND A MEMORANDUM OF
UNDERSTANDING (MOU) WITH THE BLAS AGUILAR ADOBE FOUNDATION
FOR THE BLAS AGUILAR ADOBE NATURE EDUCATION FACILITY (NEF)
GRANT PROJECT (CIP NO. 07403), APPROVED; AND STAFF AUTHORIZED
TO RECEIVE BIDS (600.30)
PUBLIC HEARINGS:
1. RESOLUTION NO. 13-06-04-02 ADOPTED CONFIRMING THE LEVY OF THE
FISCAL YEAR 2013/2014 ASSESSMENTS FOR THE LANDSCAPE
MAINTENANCE DISTRICTS IN THE CITY OF SAN JUAN CAPISTRANO;
ORANGE COUNTY AUDITOR -CONTROLLER'S OFFICE AUTHORIZE TO
INCLUDE THE ASSESSMENTS ON THE PROPERTY TAX ROLL; AND CITY
CLERK DIRECTED TO FORWARD THE ASSESSMENTS TO THE ORANGE
COUNTY AUDITOR -CONTROLLER (345.20)
Council Member Kramer recused himself and stepped down from the dais due to
his residence within the Los Corrales district.
Jill Thomas, Senior Management Analyst, provided a staff report and responded
to questions.
Mayor Taylor opened the public hearing and invited testimony, no public
testimony was provided. Mayor Taylor closed the public hearing.
4 6/4/2013
Council Action: Moved by Council Member Reeve, seconded by
Mayor pro tem Allevato, and carried 4-0 with Council Member Kramer recused to
adopt RESOLUTION NO. 13-06-04-02 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CONFIRMING THE
LEVY OF THE FISCAL YEAR 2013/2014 ASSESSMENTS FOR THE
LANDSCAPE MAINTENANCE DISTRICTS IN THE CITY OF SAN JUAN
CAPISTRANO"; Orange County Auditor -Controller's Office authorized to include
the assessments on the Property Tax Roll; and City Clerk directed to forward the
assessments to the Orange County Auditor -Controller.
ROLL CALL
AYES:
COUNCIL MEMBER:
NOES:
COUNCIL MEMBER:
ABSENT:
COUNCIL MEMBER:
RECUSED:
COUNCIL MEMBER:
Byrnes, Reeve, Allevato and Mayor Taylor
None
None
Kramer
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)
ADMINISTRATIVE ITEMS:
H1 FINANCE SERVICES
a. PERSONAL SERVICES AGREEMENT WITH PFM ASSET MANAGEMENT,
LLC FOR INVESTMENT MANAGEMENT SERVICES, UNTIL JUNE 30, 2016,
NOT TO EXCEED $30,000 ANNUALLY, APPROVED (600.30)
Cindy Russell, Chief Financial Officer/City Treasurer, provided a PowerPoint and
responded to questions.
Public Comments: Nancy Johns, PFM Asset Management, LLC.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Byrnes, and carried unanimously to approve a Personal
Services Agreement with PFM Asset Management, LLC for investment
management services, until June 30, 2016, for an amount not to exceed $30,000
annually.
b. REFUNDING OPPORTUNITIES FOR THE 2002 AND 2004 WATER
CERTIFICATES OF PARTICIPATION (WATER SYSTEM FACILITIES) AND
THE SAN JUAN BASIN AUTHORITY LEASE REVENUE BONDS
(GROUNDWATER RECOVER PROJECT) ISSUE OF 2002, AND
AGREEMENTS FOR FINANCIAL ADVISOR SERVICES (FIELDMAN, ROLAPP
AND ASSOCIATES, INC.) AND BOND/DISCLOSURE COUNSEL SERVICES
(ORRICK, HERRINGTON AND SUTCLIFFE, LLP), APPROVED (340.30/600.30)
Cindy Russell, Chief Financial Officer/City Treasurer, provided a PowerPoint and
responded to questions.
5 6/4/2013
• Public Comments: Jim Fabian, Fieldman, Rolapp & Associates, Inc.
Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Kramer, and carried unanimously to authorize City staff to
proceed with a combined refunding of the 2002 and 2004 Water Certificates of
Participation; authorize City staff to proceed with a refunding of the San Juan
Basin Authority Lease Revenue Bonds (Groundwater Recovery Project) Issue of
2002 and notify the San Juan Basin Authority of the City's intent to proceed with
the refunding; approve a Professional Services Agreement for Financial Advisor
Services with Fieldman, Rolapp & Associates, Inc., in the amount of $37,500,
plus expenses not to exceed $1,500 for the combined refunding of the
Certificates of Participation, Series 2002 and Series 2004; and $40,500, plus
expenses not to exceed $3,500 for the refunding of the San Juan Basin Authority
Lease Revenue Bonds, Issue of 2002 for a total of $78,000 plus costs not to
exceed $5,000, and, to approve an Agreement for Bond/Disclosure Counsel
Services with Orrick, Herrington & Sutcliffe, LLP, in the amount of $85,000, for
the combined refunding of the Certificates of Participation, Series 2002 and
Series 2004; and $135,000 for the refunding of both the Certificates of
Participation, Series 2002 and Series 2004 and the San Juan Basin Authority
Lease Revenue Bonds, Issue of 2002.
C. CONSIDERATION OF THE CITY OF SAN JUAN CAPISTRANO'S THIRD
QUARTER FINANCIAL REPORT FOR THE PERIOD FROM JULY 1, 2012,
THROUGH MARCH 31, 2013 (CITY COUNCIL URGENT STRATEGIC
PRIORITY); AND PROPOSED BUDGET ADJUSTMENTS (330.50) — ITEM
CONTINUED TO JUNE 18, 2013
H2 UTILITIES SERVICES
a. INDEPENDENT AUDIT CONDUCTED BY R3 CONSULTING GROUP, INC. OF
THE INTEGRATED SOLID WASTE COLLECTION FRANCHISE AGREEMENT
(CR&R), RECEIVED AND FILED (810.10/600.30)
Keith Van Der Maaten, Utilities Director, provided an agenda report and
responded to questions.
• Public Comments: Clint Worthington, City resident; and Dean Ruffridge,
CR&R.
Council Action: Moved by Council Member Kramer, seconded by
Mayor pro tem Allevato, and carried 4-1 with Council Member Reeve opposed to
receive and file the Independent Audit conducted by R3 Consulting Group, Inc. of
the integrated solid waste collection Franchise Agreement with CR&R; and
recommendations from audit report to be implemented.
MOTION TO ADJOURN THE MEETING:
6 6/4/2013
Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Reeve, and carried 4-1 with Council Member Kramer opposed
to adjourn the meeting after item J4 (Resolution Opposing the Air Quality
Management District's Proposed Amendments to Rule 444 Banning the Use of
Fire Rings and Beach Burnings).
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Reeve, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Kramer
ABSENT: COUNCIL MEMBER: None
ORDINANCES: None.
COUNCILMANIC ITEMS:
1
2
C3
ANNUAL APPOINTMENTS TO THE YOUTH ADVISORY BOARD, APPROVED
(110.20)
Council Action: Moved by Council Member Reeve, seconded by
Council Member Karmer, and carried unanimously to approve appointments to
the Youth Advisory Board, term ending August 31, 2014, as follows: Jacob
Jaworski, JSerra Catholic High School; Jordan Parkhurst, Niguel Hills Middle
School; Avrial Barreto, JSerra Catholic High School; Julia Delamare, Mission
Basilica School; Amanda Lee, JSerra High School; Hannah Kredel-Speer,
Capistrano Valley High School; Nicole Winn, J Serra High School; Kayla
Jahangiri, Santa Margarita Catholic High School; Gavin Spencer, St. Anne's
School; Erica Delamare, San Juan Hills High School; Katherine Clavadetscher,
JSerra Catholic High School; Jameson Johnson, San Juan Hills; Kali Winn,
San Juan Hills High School; Michael Elsanadi, JSerra Catholic High School;
Megan Friess, San Juan Hills High School High School; Harley Olvera, Santa
Margarita High School.
BIENNIAL APPOINTMENTS TO THE PLANNING COMMISSION (110.20)
Maria Morris, City Clerk, conducted a ballot process.
Council Action: Moved by Council Member Byrnes, seconded by
Mayor pro tem Allevato, and carried unanimously, to appoint Evan Chaffee,
Sheldon Cohen, Ian Gardiner, Tim Neely, and Roy Nunn to the
Planning Commission, with terms ending March 31, 2015.
CONSIDERATION OF ESTABLISHING A FORMAL PARTNERSHIP BETWEEN
THE CITY OF AN JUAN CAPISTRANO AND THE ARK OF SAN JUAN (130.80)
• Public Correspondence: Tom Hribar, City resident.
• The following individuals representing The Ark of San Juan Capistrano
provided public comments: Jean Janicki, Laguna Niguel resident; Shirley
Stewart; City resident; Yvonne Tschaikowsky, City resident; Jean Molnar,
7 6/4/2013
City resident; Diane Dokos (provided handouts), City resident,
Sue Walshe, Dana Point resident; and Pam McClain, City resident.
Council Action: Moved by Council Member Byrnes, seconded by Mayor
pro tem Allevato to direct staff to bring back to the City Council
recommendations.
4. RESOLUTION NO. 13-06-04-03 ADOPTED OPPOSING THE AIR QUALITY
MANAGEMENT DISTRICT'S (AQMD) PROPOSED AMENDMENTS TO RULE
444 BANNING THE USE OF FIRE RINGS AND BEACH BURNINGS (530.50)
Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem
Allevato, and carried unanimously to adopt RESOLUTION No. 13-06-04-03
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, OPPOSING THE AIR QUALITY MANAGEMENT
DISTRICT'S (AQMD) PROPOSED AMENDMENTS TO RULE 444 BANNING
THE USE OF FIRE RINGS AND BEACH BURNINGS."
ADJOURNMENT:
There being no further business Mayor Taylor adjourned the meeting
at 1:02 p.m. to July 9, 2013, at 1:00 p.m. for an Adjourn Regular meeting; and then to
Jul 16,/,2013, at 5:00 p.m. for Closed Session, and 6:00 p.m. for a public Business
Se 4 n the City Council Chamber.
ully submitted,
MORF�IS, CITY CLERK
Approved: June 18, 2013
8 6/4/2013