13-0903_CC_Minutes_Regular Meeting MINUTES
SEPTEMBER 3, 2013
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: Listed at the end of the Minutes.
BUSINESS SESSION:
Mayor Taylor called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:12 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., 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.
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:
• Ribbon Cutting — Masonic Lodge at the Women's Club.
• Ecology Center— Farm Film Series.
• Rancho Mission Viejo Rodeo at the San Juan Capistrano Riding Park.
• West Coast Film Festival.
• San Juan Capistrano Mission — Music Under the Stars.
• South Orange County Wastewater Authority 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; Ronald Denman and Steve
Behmerwohld, Parks, Recreation and Senior Services Commission; and former
Mayor and Council Member David Swerdlin.
2. YOSSYMAR ROJAS RECOGNIZED AS THE BOYS AND GIRLS CLUB
PACIFIC REGION YOUTH OF THE YEAR (610.40)
3. SALVADOR CONTRERAS RECOGNIZED FOR HIS CONTRIBUTIONS TO THE
LOS RIOS DISTRICT (610.40)
1
4. ORANGE COUNTY FIRE AUTHORITY PRESENTATION REGARDING
DROWNING PREVENTION, PRESENTED (610.40)
5. UPDATE AND DISCUSSION REGARDING THE ORANGE COUNTY LOCAL
AGENCY FORMATION COMMISSION (LAFCO) SOUTH ORANGE COUNTY
VISIONING PROCESS (610.40)
• Public Comments: Jim Reardon, City resident; and David Swerdlin,
City resident.
ORAL COMMUNICATIONS:
• Michael Chambers, Boys and Girls Clubs of Capistrano Valley; Jim Reardon,
City resident; David Swerdlin, City resident; and Clint Worthington, City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member
Kramer, and carried unanimously to approve consent calendar items 1 through 9, 11
and 12 as recommended by staff; with Council Member Reeve opposed to consent
calendar 11 and 12; and Council Member Byrnes opposed to consent calendar 12.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF AUGUST 20, 2013,
APPROVED.
3. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED AUGUST 9, 2013, TO AUGUST 22, 2013; PAYROLL (DIRECT
DEPOSITS) DATED AUGUST 16, 2013; AND PAYROLL (CHECK) DATED
AUGUST 20, 2013, RECEIVED AND FILED (300.30)
4. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED JULY 31, 2013,
RECEIVED AND FILED (350.30)
5. FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH
MOORE IACOFANO GOLTSMAN, INC., TO INCLUDE PLANNING SERVICES
IN THE SCOPE OF WORK, APPROVED (600.30)
6. FIFTH AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH
MANAGEMENT PARTNERS TO PERFORM PROFESSIONAL PUBLIC WORKS
CONSULTING SERVICES, APPROVED (600.30)
7. PERSONAL SERVICES AGREEMENT WITH DKS ASSOCIATES FOR THE
VERDUGO STREET CIRCULATION STUDY IN THE AMOUNT NOT TO
EXCEED $26,580, APPROVED (600.30)
2 9-3-2013
8. CONTRACT FOR THE CITY PAVEMENT REHABILITATION IMPROVEMENT
PROJECTS, AWARDED TO THE LOWEST RESPONSIBLE BIDDER R.J.
NOBLE COMPANY, IN THE AMOUNT OF $1,074,842.45 INCLUDING A 10%
CONTINGENCY FOR A TOTAL CONTRACT AMOUNT OF $1,182,326.70 AND
ALL OTHER BIDS REJECTED; AND RESOLUTION NO. 13-09-03-01
ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE FISCAL YEAR
2013-2014 CAPITAL IMPROVEMENT PROGRAM BUDGET FOR CAPITAL
IMPROVEMENT PROJECTS CIP 13105 AND CIP 14105 — FISCAL YEARS
2012-2013 AND 2013-2014 CITY PAVEMENT REHABILITATION PROJECTS"
(600.30)
9. AMENDMENT NO. 2 AND 3 TO MASTER FUNDING AGREEMENT NUMBER
C-1-2782 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY,
APPROVED; AND CITY CLERK AUTHORIZED TO UPDATE THE RECORDS
RETENTION SCHEDULE AS NEEDED TO COMPLY WITH THE ORANGE
COUNTY TRANSPORTATION AUTHORITY AUDIT REQUEST (600.50)
10. FORMAL BIDDING REQUIREMENTS PURSUANT TO SECTION 3.4.306(E)(iii)
OF THE CITY OF SAN JUAN CAPISTRANO'S MUNICIPAL CODE; AND
PERSONAL SERVICES AGREEMENT WITH SOUTH COAST SYSTEMS, INC.
FOR THE EXPANSION OF THE SUPERVISORY CONTROL AND DATA
ACQUISITION (SCADA) SYSTEMS FOR THE GROUND WATER RECOVERY
PLANT (GWRP) IN THE AMOUNT OF $35,624, APPROVED (600.30)
Keith Van Der Maaten, Public Works and 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 waive bidding requirements pursuant to
Section 3.4.306(e)(iii) of the City of San Juan Capistrano's Municipal Code; and
approve a Personal Services Agreement with South Coast Systems, Inc. for the
expansion of the Supervisory Control and Data Acquisition (SCADA) Systems for
the Ground Water Recovery Plant (GWRP) in the amount of$35,624.
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
11. RESOLUTION NO. 13-09-03-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING THE SOUTH ORANGE COUNTY INTEGRATED
REGIONAL WATERSHED MANAGEMENT PLAN" (1050.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
3 9-3-2013
12. BIDDING REQUIREMENTS DEFINED IN COUNCIL POLICY 126, WAIVED;
AND FIRST AMENDMENT TO ADD CONSTRUCTION ENGINEERING
SUPPORT TO THE PERSONAL SERVICES AGREEMENT FOR THE
REVISION OF PLANS AND SPECIFICATIONS FOR THE PHASE II GROUND
WATER RECOVERY PLANT EXPANSION, APPROVED (CIP 13807)
(AKM ENGINEERS) (600.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
PUBLIC HEARINGS: None.
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: None.
ORDINANCES:
1. ADOPTION OF ORDINANCE NO. 1004 — AMENDING ARTICLE 7 — DUTIES
OF THE PLANNING COMMISSION; AND REMOVING ARTICLES 8, 11 AND 13
— TRANSPORTATION COMMITTEE, DESIGN REVIEW COMMITTEE AND
INVESTMENT ADVISORY COMMITTEE, OF CHAPTER 2, TITLE 2 OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE (110.10)
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance.
Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem
Allevato, and carried unanimously to approve the second reading and adoption of
Ordinance No. 1004 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 13 — TRANSPORTATION COMMITTEE, DESIGN REVIEW
COMMITTEE AND INVESTMENT ADVISORY COMMITTEE, OF CHAPTER 2,
TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE."
COUNCILMANIC ITEMS: None.
4 9-3-2013
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.
b. Pursuant to Government Code Section 54956.9 (a), the City Council did not
confer with Legal Counsel to discuss anticipated litigation (One (1) item):
dispute regarding provisions of Conditional Use Permit (CUP) for
San Juan Hills Golf Course.
C. Pursuant to Government Code Section 54956.9(a), the City Council did not
confer 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.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Council Member Reeve
announced that he recused himself from Closed Session Item A, due to a former
business partnership with the President of the Capistrano Tax Payers Association,
which determination from the Fair Political Practices Commission (FPPC) is pending
due to the completion of the business partnership. Hans Van Ligten, City Attorney,
announced that the City Council did not confer with Legal Counsel regarding Closed
Session Items B and C; and reported that the City Council authorized Legal Counsel to
file an appeal, if necessary, in regard to Closed Session Item A (Capistrano Tax Payers
Association vs. City of San Juan Capistrano).
ADJOURNMENT:
There being no further business Mayor Taylor adjourned the meeting
to Tuesday, September 17, 2013, at 5:00 p.m. for Closed Session, and 6:00 p.m. for a
public Business Session, in the City Council Chamber.
Resp ' Ily submitted,
MARIA,'2f RRIS, CITYTLE1RK
Approved: September 17, 2013
ATTEST:
JOH. TAYLQR, M .CSR
i
5 9-3-2013
}
lL