13-1105_CC_Minutes_Regular MeetingMINUTES
NOVEMBER 5, 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 6:09 p.m. in the City Council Chamber.
Mayor pro tem Allevato led the Pledge of Allegiance and Council Member Kramer gave
the invocation.
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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:
• Doheny Desalination Meetings.
• Historical Society Meeting — Judge Egan and Madam Mojeska.
• San Onofre Nuclear Generating Station — Federal Emergency Management Agency
(FEMA) Drill.
Marines 1/11 Sub- Committee Meeting.
• Associated Senior Action Plan (ASAP) Luncheon.
• USBR Workshop.
• City Gardening Class.
• South Orange County Water Agencies Meetings.
Interchange Business Meeting.
• Orange County Transportation Authority/Route 191 Seasons Meeting.
• Media Event — 20th Anniversary of FasTrac.
• Economic Preservation Sub -Committee Meetings.
Boys' & Girls' Club Pacific Region Youth of the Year Award Ceremony.
• Submarine Tour with Rotary Club Members.
• Greater Los Angeles Water Summit.
• Orange County Vector Control Meeting.
• Mayor's Trail Walk.
• 2C Ranch Dedication.
• 5th District's Mayor's Meeting.
• Meeting with Congressman Daryl Issa and Bill Christiansen, District Director.
• Scouting Centennial Celebration.
• Capistrano Valley Christian School — Growing Christian Leaders Dinner.
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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, Steve
Behmerwohld, and Kathy Hooper, Parks, Recreation and Senior Services
Commission; Ilse Byrnes, Open Space, Trails and Equestrian Commission; Jan
Siegel, Cultural Heritage Commission; Hannah Kredel-Speer, Youth Advisory
Board Member.
2. NOVEMBER 10TH THROUGH NOVEMBER 16TH, 2013, PROCLAIMED AS
MADAME MODJESKA WEEK (610.40)
3. NOVEMBER 8, 2013, PROCLAIMED AS MICHAEL GRAVES DAY (610.40)
4. PROCLAMATION FOR THE LIBRARY'S 30TH YEAR ANNIVERSARY (610.40)
5 EAGLE SCOUT ALEX DAVANI RECOGNIZED (610.40)
6. NOVEMBER 24TH THROUGH NOVEMBER 30TH, 2013, PROCLAIMED AS
NATIONAL FAMILY WEEK (610.40)
7. PRESENTATION PROVIDED BY THE TRANSPORTATION CORRIDOR
AGENCIES REGARDING ALL ELECTRONIC TOLLING AND EXPRESS
ACCOUNTS ON THE TOLL ROADS (610.40)
ORAL COMMUNICATIONS/CLOSED SESSION COMMENTS:
• Lennie DeCaro, City resident; Kim Lefner, City resident; John Perry, City resident;
Trevor Dale, City resident; Dave Davidson, City resident; Rhen Kohan,
City resident; Michelle D. Montgomery, City resident; Marc Speros, City resident;
Steve Behmerwohld, City resident; Jonathan Volzke, City resident; Melissa Kaffen,
City resident; and Jeff Peo, City resident.
MOTION TO DISCUSS ADMINISTRATIVE ITEM BEFORE CONSENT CALENDAR:
Council Action: Moved by Council Member Byrnes, seconded by Council Member
Reeve, and carried unanimously to discuss Administrative Item 1 before
Consent Calendar.
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 Council Member Reeve abstained from consent calendar 3
and opposed to consent calendar 4 and 15.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF OCTOBER 15, 2013,
APPROVED.
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3. CITY COUNCIL MINUTES — SPECIAL MEETING OF OCTOBER 22, 2013,
APPROVED.
4. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED OCTOBER 4, 2013, TO OCTOBER 17, 2013; PAYROLL (DIRECT
DEPOSITS) DATED OCTOBER 11, 2013; AND PAYROLL (CHECK) DATED
OCTOBER 11, 2013, RECEIVED AND FILED (300.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
SEPTEMBER 30, 2013, RECEIVED AND FILED (350.30)
6. RESOLUTION NO. 13-11-05-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONCERNING THE MEASURE M2 EXPENDITURE REPORT
FOR THE CITY OF SAN JUAN CAPISTRANO FOR THE FISCAL YEAR ENDED
JUNE 30, 2013 (820.25)
7. ALL POSITIONS IN THE CITIZENS' BOND OVERSIGHT AD-HOC COMMITTEE
DECLARED VACANT AS OF DECEMBER 10, 2013; AND CITY CLERK
DIRECTED TO PREPARE AND POST APPROPRIATE NOTICES TO SOLICIT
APPLICATIONS (340.20)
8. CLAIM OF MARIA CIBRIAN DENIED, BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER,
CARL WARREN & COMPANY (170.10)
9. LENDING LOAN AGREEMENT WITH THE IRVINE MUSEUM WITH A TERM
ENDING OCTOBER 31, 2014, APPROVED (600.30)
10. SECOND AMENDMENT TO THE ORANGE COUNTY FIRE AUTHORITY JOINT
POWERS AUTHORITY AGREEMENT, APPROVED; AND CITY ATTORNEY
AUTHORIZED TO JOIN IN SUPPORTING THE ORANGE COUNTY FIRE
AUTHORITY'S VALIDATION ACTION, WHEN FILED, SEEKING TO OBTAIN A
JUDICIAL DECLARATION OF THE VALIDITY OF THE SECOND AMENDMENT
TO THE JOINT POV VERS AUTHORITY AGREEIv"ENT (600.50)
11. REQUEST FOR FEE WAIVER FOR A BUILDING PERMIT FOR YOLANDA
TOPA IN THE AMOUNT OF $358.57, DENIED BASED ON BUILDING CODE
SECTION 109.1. (390.30)
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12. FORMAL BIDING REQUIREMENTS PURSUANT TO SECTION 3.4.306(E)(III)
OF THE CITY OF SAN JUAN CAPISTRANO MUNICIPAL CODE, WAIVED; AND
PERSONAL SERVICES AGREEMENT WITH SOUTH COAST SYSTEMS, INC.
FOR THE ANNUAL MAINTENANCE OF THE SUPERVISORY CONTROL AND
DATA ACQUISITION (SCADA) SYSTEM FOR THE WATER AND SEWER
SYSTEMS FOR FISCAL YEAR 2013-2014, IN THE AMOUNT NOT TO EXCEED
$26,000, APPROVED (600.30)
13. PERSONAL SERVICES AGREEMENT WITH DUDEK FOR A NOT -TO -EXCEED
AMOUNT OF $111,232 TO PERFORM FIVE-YEAR MONITORING AND
MAINTENANCE FOR ON-SITE AND OFF-SITE MITIGATION ASSOCIATED
WITH THE REPAIR/CONSTRUCTION OF THE ARIZONA CROSSING AT THE
EAST OPEN SPACE, APPROVED (600.30)
14. PERSONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. FOR
$911,013 TO PREPARE PLANS, SPECIFICATIONS, AND COST ESTIMATES
FOR THE ORTEGA HIGHWAY (SR -74) "CITY -SEGMENT" WIDENING
PROJECT; ,HND RESOLUTION NO. 13-1 1-05-02 ADOPTED ENTITLED
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE SUBMITTAL OF A
TRANSPORTATION IMPROVEMENT FOR FUNDING UNDER THE
COMPREHENSIVE TRANSPORTATION PROGRAM (ORTEGA HIGHWAY
"CITY -SEGMENT" WIDENING PROJECT) (600.30)
15. FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH
THE BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY IN THE AMOUNT NOT
TO EXCEED $78,058 TO: EXTEND THE AGREEMENT FOR TWO (2)
ADDITIONAL TEN (10) MONTH PERIODS BEGINNING SEPTEMBER 1, 2014,
THROUGH JUNE 30, 2015, AND SEPTEMBER 5, 2015, THROUGH JUNE 30,
2016; AND RETURN TO THE REDUCED HOURLY RATE OF $14 PER HOUR
RETROACTIVE TO SEPTEMBER 2013, FOR THE BOYS & GIRLS CLUBS
WEEKDAY USES OF THE CITY'S GYMNASIUM AS APPROVED FOR FISCAL
YEAR 2012-2013, AND CONTINUE THIS RATE FOR THE ENTIRE TERM OF
THE AGREEMENT AS AMENDED (600.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
PUBLIC HEARINGS:
CONSIDERATION OF AN ORDINANCE TO ADOPT BY REFERENCE
VARIOUS INDUSTRY CONSTRUCTION CODES WITH AMENDMENTS AND
APPENDICES (2013 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS
CODE AND RELATED MODEL CODES WITH APPENDICES AND
AMENDMENTS) — PUBLIC HEARING CONTINUED TO DECEMBER 3, 2013
Mayor Taylor opened the public hearing and invited testimony.
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Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Reeve, and carried unanimously to continue the public hearing
to December 3, 2013.
2. CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT,
GENERAL PLAN AMENDMENT (GPA) 12-02, REZONE (RZ) 12-01, AN
AFFORDABLE HOUSING AGREEMENT, ARCHITECTURAL CONTROL (AC)
12-13, AND GRADING PLAN MODIFICATION (GPM) 12-01 (RANCHO SAN
JUAN APARTMENTS PROJECT) — PUBLIC HEARING CONTINUED TO
DECEMBER 3, 2013
Mayor Taylor opened the public hearing and invited testimony.
Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Byrnes, and carried unanimously to continue the public hearing
to December 3, 2013.
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:
1. CONSIDERATION OF OPTIONS FOR INVESTIGATION OF ISSUES
RELATING TO COUNCIL MEMBER CONDUCT (640.10)
• Public Correspondence: Derek Reeve, City council Member; and Orrie Brown,
City resident.
Hans Van Ligten, City Attorney, provided a staff report and responded to
questions. Patrick Munoz, Deputy City Attorney, responded to questions.
• Public Comment: Deborah Pauly, Villa Park resident; Lennie DeCaro, City
resident; Christie Smead, City resident; Steve Magdriak, Mission Viejo resident;
Orrie Brown, City resident; Jan Siegel, City resident; Trevor Dale, City resident;
Steve Behmerwohld, City resident; Rhen Kohan, City resident; and Jonathan
Volzke, City resident.
Moved by Council Member Byrnes, seconded by Council Member Reeve, motion
failed 2-3 with Council Member Kramer, Mayor pro tem Allevato and Mayor
Taylor opposed to take separate actions on the matters relating to the conduct of
Council Member Byrnes and Council Member Reeve, respectively.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes and Reeve
NOES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
ABSENT: COUNCIL MEMBER: None
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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 authorize the City Manager to obtain the
services of a retired judge, or failing that, an attorney to further investigate the
matters relating to the conduct of Council Member Byrnes and Council Member
Reeve and make recommendations to the City Council for action by the
City Council, and authorized the City Manager to execute a contract not to
exceed $25,000 for said services.
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
ORDINANCES: None.
COUNCILMANIC ITEMS:
1. DISCUSSION REGARDING PRIOR CITY COUNCIL SUPPORT FOR THE
CONSTRUCTION AND OPERATIONS OF THE PROPOSED HUNTINGTON
BEACH WATER DESALINATION FACILITY (POSEIDON RESOURCES)
(610.40/660.10)
Keith Van Der Maaten, Public Works and Utilities Director, responded to
questions.
Council Action: Moved by Council Member Kramer, seconded by
Council Member Byrnes, and carried 3-0-1, with Mayor Taylor absent (Stepped
out of the Council Chamber), and Council Member Reeve opposed to continue
support for the construction and operations of the proposed Huntington Beach
Water Desalination Facility (Poseidon Resources).
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer and Mayor pro tem Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: Mayor Taylor (Stepped out of the Council Chamber)
2. DISCUSSION REGARDING BOND COUNSEL PROVIDING A REPORT ON
THE FEASIBILITY OF CLOSING THE GROUND WATER RECOVERY PLANT
(1050.40)
• Public Correspondence: Roy L. Byrnes, City Council Member.
• Public Comment: John Perry, City resident.
Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Kramer, and carried 4-1 with Council Member Reeve opposed
to withdraw the agenda report; and direct staff to bring back at the next
City Council meeting a resolution to: 1) affirm our understanding that the City will
continue to dutifully pay the debt on the Ground Water Recovery Plant; and
2) that the City wants to reassure its bond investors that the City is going to meet
its bond obligations.
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ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: 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 to discuss anticipated litigation (One (1) item):
dispute regarding provisions of Conditional Use Permit (CUP) for
San Juan Hills Golf Course.
b. 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.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None.
ADJOURNMENT:
There being no further business Mayor Taylor adjourned the meeting
at 10:46 p.m. to Tuesday, December 3, 2013, at 4:00 p.m. for an Adjourned Regular
Meeting; and then to Tuesday, December 3, 2013, at 6:00 p.m. for a public Business
Session and Closed Session, in the City Council Chamber.
Respectfully submitted,
Lam
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Approved: December 3, 2013
ATTEST
VSAM ALLEVA rO, MAYOR
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