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13-0820_CC_Minutes_Regular MeetingLi MINUTES AUGUST 20, 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 54956.9(a), the City Council conferred with legal counsel pertaining to existing litigation in the matter of Capistrano Tax Payers Association vs. City of San Juan Capistrano. OC Superior Court Case No. 30-2012-00594579. BUSINESS SESSION: 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. Council Member Byrnes led the Pledge of Allegiance and Mayor pro tem Allevato gave the Invocation. ROLL CALL: COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., 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. ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Council Member Reeve announced that he recused himself from Closed Session Item A, due to a business partnership with the President of the Capistrano Tax Payers Association. 1 CITY COUNCIL REPORTS ON OUTSIDE AGENCIES: • Chamber of Commerce Breakfast. • Two Stepping Under the Stars. • San Juan Basin Authority Meeting. • Ribbon Cutting Ceremony — Fiano's Italian Restaurant. • Grand Opening and Dedication of the Dr. Joe Cortese Dog Park. • Movie Night at the Riding Park. • Doheny Desalination Meeting. • Chamber of Commerce Lunch Local. • First Annual Rodeo Week Community Trail Ride. • Transportation Corridor Agencies Meetings. • Joint City Council and Planning Commission Special Meeting. • LAFCO Work Session Meeting. • Orange County Fire Authority Finance Ad Hoc Committee Meeting. • Meeting with Saddleback Church regarding their property and future plans. • Economic Preservation Sub -Committee Meeting. • Rodeo Week Press Event at the Shea Center. • Ribbon Cutting Ceremony — Capistrano Consignment Boutique. • KSBR Radio Interview. • Bike Friendly Sub -Committee Meeting. • Vector Control Meeting. • Rodeo Week Barbeque at the Hamilton Oaks Vineyard. • Lunch with Dana Point's Mayor Steve Weinberg. INTRODUCTIONS AND PRESENTATIONS: 1. MAYOR PRO TEM ALLEVATO INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Steve Behmerwohld, Parks, Recreation and Senior Services Commission; Gerald Muir, Parks, Recreation and Senior Services Commission and Youth Advisory Board; Jamenson Johnson, Youth Advisory Board; and William Bonney, Cultural Heritage Commission. 2. AUGUST 28TH —SEPTEMBER 1ST PROCLAIMED AS THE WEST COAST FILM FESTIVAL WEEK (610.40) 3. RETIRING ASSISTANT PUBLIC WORKS DIRECTOR SAM SHOUCAIR, RECOGNIZED (610.40) ORAL COMMUNICATIONS: Mike Johnson, City resident; and Jameson Johnson, Youth Advisory Board. CONSENT CALENDAR: Council Action: Moved by Council Member Kramer, seconded by Mayor pro tem Allevato, and carried unanimously to approve consent calendar items 1 through 6, and 8 through 15, and 17 as recommended by staff, with Council Member Byrnes and Council Member Reeve abstained from consent calendar 5 and opposed to consent calendar 13; and Mayor pro tem Allevato abstained from consent calendar 17. 2 8/20/2013 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF AUGUST 6, 2013, APPROVED. 3. CITY COUNCIL MINUTES — REGULAR MEETING OF AUGUST 6, 2013, APPROVED. 4. CITY COUNCIL MINUTES — SPECIAL JOINT CITY COUNCIL/PLANNING COMMISSION MEETING OF AUGUST 7, 2013, APPROVED 5. CITY COUNCIL MINUTES — SPECIAL MEETING (CLOSED SESSION) OF AUGUST 8, 2013, APPROVED ROLL CALL: AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Byrnes and Reeve 6. CHECK REGISTER FOR CHECKS AND ELECTRONIC TRANSACTIONS DATED JULY 26, 2013, TO AUGUST 8, 2013; PAYROLL (DIRECT DEPOSITS) DATED AUGUST 2, 2013; PAYROLL (CHECKS) DATED AUGUST 2, 2013, TO AUGUST 8, 2013, RECEIVED AND FILED (300.30) 7. FISCAL YEAR 2010-2011 AIR QUALITY IMPROVEMENT FUND AUDIT REPORT, RECEIVED AND FILED (310.50) Michelle Bannigan, Assistant Finance Director, responded to questions. Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member Byrnes, and carried unanimously to receive and file the Fiscal Year 2010-11 Air Quality Improvement Fund Audit Report. 8. CLAIM OF MARY HARTSON, DENIED, BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.10) 9. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.10) 10. MAYOR AUTHORIZED TO SIGN A LETTER TO THE PRESIDING JUDGE OF THE SUPERIOR COURT WHICH CONTAINS RESPONSES TO THE FINDINGS AND RECOMMENDATIONS IN THE 2012-2013 ORANGE COUNTY GRAND JURY REPORT: "THE GOAL OF EQUAL EMPLOYMENT OPPORTUNITY: NO VICTIMS" (700.10) 3 8/20/2013 11. FIRST AMENDMENT TO THE OPERATING LEASE AGREEMENT WITH SAN JUAN BASIN AUTHORITY RELATING TO THE GROUND WATER RECOVERY PROJECT, APPROVED (600.50) 12. MAYOR AUTHORIZED TO EXECUTE A CONSERVATION EASEMENT TO THE BENEFIT OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) AND TWO MEMORANDA OF UNRECORDED GRANT AGREEMENTS (MOUGA) TO THE BENEFIT OF THE STATE CALIFORNIA FOR THE 2C RANCH-TRABUCO CREEK HABITAT CONSERVATION PROJECT; AND CITY CLERK DIRECTED TO RECORD (670.50) 13. PERSONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR CONSTRUCTION MANAGEMENT SERVICES IN THE AMOUNT OF $30,586 FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE GROUND WATER RECOVERY PLANT (GWRP) EXPANSION PROJECT, APPROVED (600.30) ROLL CALL: AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: Byrnes and Reeve ABSENT: COUNCIL MEMBER: None 14. $60,000, APPROPRIATED FROM THE GENERAL FUND RESERVES TO CIP 13301 (THIS FUNDING SHALL BE IN THE FORM OF A LOAN TO THE FRIENDS OF THE LIBRARY FOR THE CONSTRUCTION OF THE BOOKSTORE, TO BE PAID BACK WITHIN FIVE YEARS); CONSTRUCTION CONTRACT FOR THE FRIENDS OF THE LIBRARY BOOKSTORE RELOCATION (CIP 13301) AWARDED TO AVI-CON INC. DBA CA CONSTRUCTION, IN THE AMOUNT OF $327,000; CITY ATTORNEY DIRECTED TO PREPARE AND AUTHORIZE THE MAYOR TO EXECUTE A LOAN AGREEMENT; AND, ALL OTHER BIDS REJECTED BID BONDS TO BE RETURNED (600.30) Public Correspondence: Jan Siegel, City resident; Mary Demers, Friends of the Library; and Laura Freese, City resident. 15. AGREEMENT NO. D13-039 BETWEEN THE COUNTY OF ORANGE AND THE CITY OF SAN JUAN CAPISTRANO FOR WATER LINE FACILITIES RELOCATION FOR THE COUNTY OF ORANGE'S CONSTRUCTION OF THE LA PATA AVENUE PROJECT (CIP 16801), APPROVED (600.50) 16. PERSONAL SERVICES AGREEMENT WITH QUINN POWER SYSTEMS FOR THE PURCHASE OF EMERGENCY GENERATORS FOR THE GROUND WATER RECOVERY PLANT (GWRP) IN THE AMOUNT OF $493,461.72, APPROVED (600.30) Keith Van Der Maaten, Public Works and Utilities Director, provided a staff report and responded to questions. 4 8/20/2013 L L 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 approve a Personal Services Agreement with Quinn Power Systems for the purchase of emergency generators for the Ground Water Recover Plant (GWRP) in the amount of $493,461.72. ROLL CALL: AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: Byrnes and Reeve ABSENT: COUNCIL MEMBER: None 17. CONSTRUCTION CONTRACT WITH STL LANDSCAPE, INC. FOR THE HOMEOWNERS ASSOCIATION AND CITY PARKS RECYCLED WATER CONVERSION COMPONENT OF THE CITYWIDE RECYCLED WATER PROJECT (CIP 13601) IN THE AMOUNT OF $84,000, APPROVED (600.30) Mayor pro tem Allevato abstained due to proximity to his Homeowners Association. ROLL CALL: AYES: COUNCIL MEMBER: Byrnes, Reeve, Kramer and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Mayor pro tem Allevato 18. COOPERATIVE AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) TO PARTICIPATE IN THE SENIOR MOBILITY PROGRAM (SMP) AND RECEIVE RENEWED MEASURE M (M2) FUNDS, APPROVED; THREE (3) YEAR AGREEMENT WITH ONE FIVE (5) YEAR EXTENSION OPTION WITH AGE WELL SENIOR SERVICES TO CONTINUE PROVIDING TRANSPORTATION SERVICES FOR THE SENIOR NUTRITION PROGRAM AT THE COMMUNITY CENTER ALONG WITH EXPANDED SERVICES TO THE COMMUNITY CENTER FOR THE NUTRITION PROGRAM, SERVICES, CLASSES, PRESENTATIONS AND ALL SPECIAL EVENTS IN THE AMOUNT OF $50,968.75 PER YEAR FOR A TOTAL OF $152,906.25, APPROVED; GENERAL FUND REVENUES INCREASED BY $40,775 AND GENERAL FUND EXPENDITURES BY $43,988.75; AND TRANSFER OF $3,213.75 AUTHORIZED TO THE GENERAL FUND FROM THE AIR QUALITY MANAGEMENT DISTRICT FUND (AQMD) (600.501600.30) PUBLIC HEARINGS: None. SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) 5 8/20/2013 ADMINISTRATIVE ITEMS: G1. DEVELOPMENT SERVICES a. RESOLUTION NO. 13-08-20-02 ADOPTED INITIATING CONSIDERATION OF A GENERAL PLAN AMENDMENT FOR THE PROPOSED SPIEKER SENIOR DEVELOPMENT CONTINUING CARE RETIREMENT COMMUNITY FOR A 34.0 ACRE PORTION OF THE 43.5 ACRE VERMULEN RANCH PROPERTY LOCATED TO THE WEST OF ALIPAZ STREET, EAST OF DEL OBISPO STREET AND NORTH OF THE SAN JUAN CAPISTRANO SPORTS PARK AND KINOSHITA FARM (440.25) • Public Correspondence: Kelley Peeden, City resident. Council Member Reeve recused himself due to being a member of a Homeowners Association which has common area property within 500 feet of the proposed project. William Ramsey, Assistant Development Services Director, provided a PowerPoint presentation and responded to questions. Public Comments: Mathew Dalton, City resident; J. Gary Germann, Laguna Niguel resident; and Brandon Amer, City resident. Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member Kramer, and carried 4-0 with Council Member Reeve recused to adopt RESOLUTION NO. 13-08-20-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING CONSIDERATION OF -A GENERAL PLAN AMENDMENT FOR A 43.5 ACRE PARCEL COMMONLY REFERRED TO AS THE VERMEULEN RANCH PROPERTY LOCATED EAST OF DEL OBISPO STREET AND WEST OF ALIPAZ STREET (ASSESSOR PARCEL NUMBERS: 121-182-17 & 53) (SPIEKER SENIOR DEVELOPMENT CONTINUING CARE RETIREMENT COMMUNITY)." ROLL CALL: AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER: Reeve 6 8/20/2013 �7 G2. CITY CLERK a. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING ARTICLE 7 — DUTIES OF THE PLANNING COMMISSION; AND REMOVING ARTICLES 8, 11 AND 12 — TRANSPORTATION COMMITTEE, DESIGN REVIEW COMMITTEE AND INVESTMENT ADVISORY COMMITTEE OF CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE; AND RESOLUTION NO. 13-08-20-01 ADOPTED AMENDING RESOLUTION 13-02-05-03, ESTABLISHING MEMBERSHIP REQUIREMENTS FOR CITY COUNCIL APPOINTED COMMISSIONS (110.10) Maria Morris, City Clerk, provided an agenda report and responded to questions, and read the title of the ordinance. Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member Byrnes, and carried unanimously to approve the first reading and introduction of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 7 — DUTIES OF THE PLANNING COMMISSION; AND REMOVING ARTICLES 8, 11 AND 12 — TRANSPORTATION COMMITTEE, DESIGN REVIEW COMMITTEE AND INVESTMENT ADVISORY COMMITTEE OF CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE; RESOLUTION NO. 13-08-20-01 adopted amending Resolution 13-02-05-03, establishing membership requirements for City Council appointed Commissions; and duties of the former Transportation Commission to be added to the Planning Commission duties. ORDINANCES: None. COUNCILMANIC ITEMS: None. ADJOURNMENT: There being no further business Mayor Taylor adjourned the meeting at 7:55 p.m. to Tuesday. September 3, 2013, at 5:00 p.m. for Closed Session and 6:00 p.m. for the Regular Public Business Session, in the City Council Chamber. Respectfully mitte of W -LA MOR CI CLERK September 3, 2013 8/20/2013