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13-0917_CC_Minutes_Regular MeetingMINUTES SEPTEMBER 17, 2013 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Mayor Taylor called the Regular Meeting of the City Council to order at 5:02 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. b. Pursuant to Government Code Section 54956.9(a), the City Council conferred 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 54957, the City Council conducted a performance evaluation of the City Attorney. BUSINESS SESSION: Mayor Taylor called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 6:25 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, 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. 1 ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None. CITY COUNCIL REPORTS ON OUTSIDE AGENCIES: • South Orange County Wastewater Authority Meeting. Library Bookstore Grand Opening. • September 11 Memorial at Fire Station No. 7. • San Juan Basin Authority Meeting. • Constitution Day Bell Ringing Ceremony at the Mission. • Chamber of Commerce Network Breakfast. • Chamber of Commerce — Taste of So Cal and Auto Show. • Chamber of Commerce Lunch Local. • Relay for Life Picnic. • Caltrans Business Meeting Update. • Edison High Sierra Workshop. • 1/11 Marines Car Wash. • Transportation Corridor Agencies Meetings. Local Agency Formation Commission (LAFCO) Meeting. INTRODUCTIONS AND PRESENTATIONS: 1. MAYOR PRO TEM ALLEVATO INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Steve Behmerwohld, Kathy Hooper and Ronald Denman, Parks, Recreation and Senior Services Commission; Gerald Muir, Youth Advisory Board and Parks, Recreation and Senior Services Commission; William Bonney, Cultural Heritage Commission; Jacob Jaworski, Erica Delamare, Nikki Winn, Julia Delamare, and Jamenson Johnson, Youth Advisory Board; Evan Chaffee, Planning Commission; and former Mayor and Council Member Joe Soto. 2. OUTGOING CITY COMMISSIONERS AND COMMITTEE MEMBERS, RECOGNIZED (610.40) 3. USA SENIOR BASKETBALL TEAM, RECOGNIZED (610.40) 4. SEPTEMBER 17 — 23 PROCLAIMED AS CONSTITUTION WEEK (610.40) 5. SEPTEMBER 21, 2013, PROCLAIMED AS INNER -COSTAL WATERSHED CLEANUP DAY (610.40) 6. PRESENTATION PROVIDED REGARDING THE SAN JUAN BASIN AUTHORITY GROUNDWATER MANAGEMENT PLAN (610.40) Mark Wildermuth, Wildermuth Environmental, Inc., provided a PowerPoint presentation and responded to questions. • Public Comments: John Perry, City resident. 2 9/17/2013 ORAL COMMUNICATIONS: • Jonathan Volzke, City resident; Clint Worthington, City resident; Ginny Kerr, City resident; Stephanie Frisch, City resident, David Ludwig, City resident, Steve Behmerwohld, City resident; Mike Johnson, City resident; and Kathy Hooper, City resident. CONSENT CALENDAR: Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member Byrnes, and carried unanimously to approve consent calendar items 1 through 13, as recommended by staff, with Council Member Reeve opposed to consent calendar 6 and 10. 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2. CITY COUNCIL MINUTES — SPECIAL MEETING OF SEPTEMBER 3, 2013, APPROVED. 3. CITY COUNCIL MINUTES — REGULAR MEETING OF SEPTEMBER 3, 2013, APPROVED. 4. CHECK REGISTER FOR CHECKS AND ELECTRONIC TRANSACTIONS DATED AUGUST 23, 2013, TO SEPTEMBER 5, 2013; PAYROLL (DIRECT DEPOSITS) DATED AUGUST 30, 2013; AND PAYROLL (CHECK) DATED AUGUST 30, 2013, RECEIVED AND FILED (300.30) 5. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.10) 6. RESOLUTION NO. 13-09-17-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING CONSIDERATION OF A GENERAL PLAN AMENDMENT FOR 4.4 ACRES OF THE SOUTHERNMOST PORTION OF PARCEL 121-050-21 LOCATED NORTH OF JUNIPERO SERRA AND WEST OF CAMINO CAPISTRANO (THE GROVES), FOR 9.0 ACRES OF THE WESTERNMOST PORTIONS OF PARCELS 666-131-07, 666-131-08, 666-131- 09, 666-131-13, 666-131-14, 666-131-15, 666-131-16 LOCATED AT THE TERMINUS OF PASEO TIRADOR (VENTANAS), AND FOR THE 9.49 ACRE PARCELS 675-081-17 AND 675-081-18 LOCATED NORTH OF CAMINO LAS RAMBI AS VVFST OF VIA DE AGUA AND EAST OF VIA CALIFORNIA (LAS RAMBLAS) (HOUSING ELEMENT PROPOSED SITES) (440.25) Rnl I r.Al I AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None 3 9/17/2013 7. RESOLUTION NO. 13-09-17-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ITS CONFLICT OF INTEREST CODE TO REFLECT REVISIONS TO APPENDIX A PERTAINING TO DESIGNATED CITY STAFF AND COMMISSIONS AND COMMITTEES" (640.40) 8. RESOLUTION NO. 13-09-17-03 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 12-02-07-04, THE CITY'S CLASSIFICATION AND COMPENSATION PLAN" (700.20) 9. AMENDMENT TO THE MEMORANDA OF UNDERSTANDING WITH THE SAN JUAN CAPISTRANO CLASSIFIED EMPLOYEES ASSOCIATION AND THE SAN JUAN CAPISTRANO MANAGEMENT AND PROFESSIONAL EMPLOYEES ASSOCIATION TO CLOSE CITY HALL FOR AN ADDITIONAL DAY ON DECEMBER 23, 2013, DURING THE HOLIDAY CLOSURE (730.30) 10. FORMAL BIDDING REQUIREMENTS PURSUANT TO SECTION 3.4.306 (E) (3) OF THE CITY OF SAN JUAN CAPISTRANO, WAIVED, AND PURCHASE OF A 16" ELECTROMAGNETIC FLOW METER FROM MCR TECHNOLOGIES, INC., IN THE AMOUNT $14,274, APPROVED (370.30) ROLL CALL: AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None 11. CONSTRUCTION CONTRACT AWARDED TO EAR ENGINEERING, CONSTRUCTION & SUPPORT SERVICES FOR THE SAN JUAN CREEK ROAD RECYCLED WATER PIPELINE PROJECT IN THE AMOUNT OF $513,500 (600.30) 12. RESOLUTION NO. 13-09-17-04 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE SUBMITTAL OF A BICYCLE CORRIDOR IMPROVEMENT PROGRAM GRANT APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE CONGESTION MITIGATION AND AIR QUALITY PROGRAM" (930.50) 13. AMENDMENT TO THE CITY'S MUNICIPAL CODE PROVISIONS ADDRESSING TEMPORARY/ELECTION SIGNS REFERRED TO THE PLANNING COMMISSION (410.40) PUBLIC HEARINGS: None. SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) ADMINISTRATIVE ITEMS: None. 4 9/17/2013 ORDINANCES: None. COUNCILMANIC ITEMS: None. ADJOURNMENT: There being no further business Mayor Taylor adjourned the meeting at 8:18 p.m. to Tuesday, October 1, 2013, at 4:00 p.m. for an Adjourned Regular meeting; and then to October 1, 2013 at 6:00 p.m. for the Regular Public Business Session bnd Closed Session, in the City Council Chamber. submitted, RR1S, CITY CLD K Approved: October 1, 2013 5 9/17/2013