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.
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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.
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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)
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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.
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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)
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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
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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