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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. Rnl I r.Al I 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. 1 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. 2 11/5/2013 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) 3 11/5/2013 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. 4 11/5/2013 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 5 11/5/2013 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. 6 11/5/2013 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 mkii r Approved: December 3, 2013 ATTEST VSAM ALLEVA rO, MAYOR 7 11/5/2013