14-0506_CC_Minutes_Regular Meeting MINUTES
May 6, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
i
J CLOSED SESSION: Please refer to the Special Meeting Minutes.
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council to order at
6:38 p.m. in the City Council Chamber. Council Member Taylor led the Pledge of
Allegiance and Mayor pro tem Kramer gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., Derek Reeve, John Taylor,
Mayor pro tem Larry Kramer and Mayor Sam Allevato.
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 Members are receiving a $50.00 stipend
for conducting the Housing Authority meeting.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• 'Orange County Sheriffs Department Medal of Valor Ceremony.
• South Orange County Mayor's Breakfast.
• Orange County Fair and Mayor's Reception.
• Transportation Corridor Agencies Budget Workshops.
• Boys and Girls Clubs of Capistrano Valley "Friend of Youth"Award to City
Ceremony.
• Tuttle-Click Ford Ribbon Cutting and President's Award Recognition.
• Day of the Child Celebration.
• Mayor's Prayer Breakfast.
• Equestrian Coalition "Kentucky Derby" Fundraiser.
• Reata Park and Event Center Dedication Ceremony Planning Meeting.
• South Orange County Water Agencies Meeting.
• Metropolitan Water District of Orange County Meeting.
• South Orange County Agencies Meeting.
• Associated Senior Action Program Luncheon.
• South County Economic Development Breakfast.
• Celebration of Colonel Foley's Life.
• Relay for Life Tea Reception.
• Capistrano Winery Grand Opening.
• H2O for Homeowners Association Meeting.
1
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM KRAMER 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 Jordan
Parkhurst, Amanda Lee, and Katie Clavadetscher, Youth Advisory Board.
2. JSERRA HIGH SCHOOL BASKETBALL TEAM RECOGNIZED FOR ITS CIF
DIVISION CHAMPIONSHIP (610.40)
3. KIPP LYONS, COMMUNITY SERVICES COORDINATOR, RECOGNIZED FOR
LIFESAVING EFFORTS WHILE ON DUTY (610.40)
4. MAY 4— 10, 2014, PROCLAIMED AS WILDFIRE AWARENESS WEEK (610.40)
5. MAY 4 — 10, 2014, PROCLAIMED AS MUNICIPAL CITY CLERK'S WEEK
(610.40)
ORAL COMMUNICATIONS:
• Clint Worthington, City resident (provided handout); Tom Hribar, City resident
(provided handout); and Marianne Taylor, City resident (provided handout).
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member
Taylor, and carried unanimously to approve consent calendar items 1 through 12, as
recommended by staff, with Mayor Allevato abstained from consent calendar 11.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF APRIL 15, 2014,
APPROVED
3. CITY COUNCIVUTILITIES COMMISSION MINUTES — ADJOURNED
REGULAR MEETING OF APRIL 29, 2014, APPROVED.
4. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED APRIL 4, 2014, TO APRIL 17, 2014; PAYROLL (DIRECT DEPOSIT)
DATED APRIL 11, 2014; AND PAYROLL (CHECKS) DATED APRIL 11, 2014,
TO APRIL 25, 2014; AND PAYROLL (DIRECT DEPOSITS) DATED APRIL 25,
2014, RECEIVED AND FILED (300.30)
5. CASH AND INVESTMENT REPORT FOR MONTH ENDED MARCH 31, 2014,
RECEIVED AND FILED (350.30)
2 5/6/2014
6. CLAIM OF DAVID REY, DENIED, BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER,
CARL WARREN & COMPANY (170.10)
J 7. RESOLUTION NO. 14-05-06-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4, 2014, FOR
THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES;" AND RESOLUTION NO. 14-05-06-02 ADOPTED
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014,
WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE." (630.20)
8. FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH
LSA ASSOCIATES, INC. FOR THE PREPARATION OF AN ENVIRONMENTAL
IMPACT REPORT (EIR) FOR THE PROPOSED SPIEKER SENIOR
DEVELOPMENT CONTINUING CARE RETIREMENT COMMUNITY IN THE
AMOUNT OF $11,075, TO BE PAID BY THE PROJECT APPLICANT FOR AN
AMOUNT NOT TO EXCEED OF $306,115, APPROVED (600.30)
9. FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH
ED STEWART AND ASSOCIATES TO EXTEND THE EXISTING CONTRACT
BY AN ADDITIONAL TWO YEARS AND TO ADD $53,493, FOR A TOTAL
CONTRACT AMOUNT NOT TO EXCEED $169,339, FOR HABITAT
RESTORATION MAINTENANCE SERVICES FOR THE 760S RESERVOIR
SITE, ACU CANYON, TERMINAL RESERVOIR NO. 3 AND PLACIDA,
APPROVED (600.30)
10. CONTRACT FOR THE EL CAMINO REAL AT DON JUAN AVENUE RETAINING
WALL PROJECT (CIP 07111) AWARDED TO THE LOWEST RESPONSIBLE
BIDDER, EXCAVATING ENGINEERS, INC., IN THE NOT TO EXCEED
AMOUNT OF $452,305 AND REJECT ALL OTHER BIDS; AND, CITY
MANAGER AUTHORIZED TO APPROVE CHANGES IN A TOTAL AMOUNT
NOT TO EXCEED 10% OF THE CONTRACT AMOUNT; AND, PERSONAL
SERVICES AGREEMENT WITH HUITT-ZOLLARS, INC. FOR CONSTRUCTION
SUPPORT SERVICES IN THE NOT TO EXCEED AMOUNT OF $32,290,
APPROVED; AND, RIGHT-OF-ENTRY LICENSE AGREEMENT ACCEPTED
WITH THE CAPISTRANO UNIFIED SCHOOL DISTRICT (600.30)
3 5/6/2014
11. CONSTRUCTION CONTRACT TO REORGANIZE THE OFFICE WORK
SPACES IN THE FINANCE SERVICES, PUBLIC WORKS AND
DEVELOPMENT SERVICES DEPARTMENTS AND IMPLEMENT BUILDING
CODE REQUIREMENTS AWARDED TO THE LOWEST RESPONSIBLE AND
RESPONSIVE BIDDER, FRIESS COMPANY BUILDERS, INC., IN THE
AMOUNT NOT TO EXCEED $99,964 AND REJECT ALL OTHER BIDS; AND,
CITY MANAGER AUTHORIZED TO APPROVE CHANGE ORDERS IN A
TOTAL AMOUNT UP TO 10% OF THE CONSTRUCTION CONTRACT
AMOUNT NOT TO EXCEED $9,996; AND, ADDITIONAL $34,960
APPROPRIATED FOR FISCAL YEAR 2013-2014 FROM THE FACILITIES
OPERATIONS INTERNAL SERVICE FUND RESERVES FOR A TOTAL
BUDGET AMOUNT OF $109,960 (600.30)
Mayor Allevato abstained due to a financial contribution to a campaign.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Reeve, Taylor and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Mayor Allevato
12. CHANGE ORDER NO. 1 IN THE ESTIMATED AMOUNT OF $468,749 LESS
THE CONTRACT LINE ITEM REDUCTIONS IN THE AMOUNT OF $187,675
FOR A NET INCREASE TO THE CONSTRUCTION PROJECT OF $286,074 TO
THE CONSTRUCTION AGREEMENT WITH R.J. NOBLE FOR THE FISCAL
YEAR 2013-2014 STREET REHABILITATION PROGRAM (CIP 13105),
APPROVED (600.30)
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:
H1. FINANCE SERVICES
a. RESOLUTION NO. 14-05-06-03 ADOPTED APPROVING REINSTATEMENT
OF CERTAIN EXISTING LOANS MADE BY THE CITY OF SAN JUAN
CAPISTRANO TO THE FORMER SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, APPROVING THE RECALCULATION OF
INTEREST ON SUCH LOANS AT THE LOCAL AGENCY INVESTMENT FUND
RATE, AND FINDING THE EXISTING LOANS WERE FOR LEGITIMATE
REDEVELOPMENT PURPOSES PURSUANT TO HEALTH AND SAFETY
CODE SECTIONS 34191.4(8) AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH (390.40)
4 5/6/2014
Cindy Russell, Chief Financial Officer/City Treasurer, provided a PowerPoint
presentation and responded to questions.
Council Action: Moved by Mayor pro tem Kramer, seconded by
U Council Member Taylor, and carried unanimously to adopt Resolution
14-05-06-03 entitled A RESOLUTION OF THE CITY COUNCIL OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING REINSTATEMENT OF CERTAIN
EXISTING LOANS MADE BY THE CITY OF SAN JUAN CAPISTRANO TO THE
FORMER SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT
AGENCY, APPROVING THE RECALCULATION OF INTEREST ON SUCH
LOANS AT THE LOCAL AGENCY INVESTMENT FUND RATE, AND FINDING
THE EXISTING LOANS WERE FOR LEGITIMATE REDEVELOPMENT
PURPOSES PURSUANT TO HEALTH AND SAFETY CODE SECTIONS
34191.4(8) AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH."
ORDINANCES:
1. ORDINANCE 1013 ADOPTED APPROVING AND ADOPTING AN
AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT
AGREEMENT FOR AN APPROVED 292-ACRE TRACT TO BE DEVELOPED
WITH 416 DWELLING UNITS SUBJECT TO COMPREHENSIVE
DEVELOPMENT PLAN (CDP) 81-01, FORSTER CANYON (LV PACIFIC POINT
LLC) (THE "PACIFICA SAN JUAN PROJECT") (600.30)
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance. Charles View, Development Services Director, responded to
questions.
• Public Comments: Lisa Gordon, representing the applicant.
Council Action: Moved by Council Member Taylor, seconded by
Council Member Byrnes, and carried unanimously to approve the second reading
and adoption of Ordinance 1013 entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AND ADOPTING AN AMENDMENT TO THE AMENDED AND
RESTATED DEVELOPMENT AGREEMENT FOR AN APPROVED 292-ACRE
TRACT TO BE DEVELOPED WITH 416 DWELLING UNITS SUBJECT TO
COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01, FORSTER CANYON
(LV PACIFIC POINT LLC) (THE "PACIFICA SAN JUAN PROJECT")."
2. ORDINANCE 1014 ADOPTED AMENDING COMPREHENSIVE
DEVELOPMENT PLAN 90-02, MAMMOTH EQUITIES (AT&T WIRELESS)
(ROSS MILETICH, CORE DEVELOPMENT SERVICES) (REZONE
13-001) (ASSESSORS PARCEL NUMBERS: 650-011-25) (460.70)
Maria Morris, City Clerk, provided a staff report and read the title of the
I j ordinance.
5 5/6/2014
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Byrnes, and carried unanimously to approve the second reading
and adoption of Ordinance 1014 entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING COMPREHENSIVE DEVELOPMENT PLAN 90-02, MAMMOTH
EQUITIES (AT&T WIRELESS) (ROSS MILETICH, CORE DEVELOPMENT
SERVICES)(REZONE 13-001) (ASSESSORS PARCEL NUMBERS: 650-011-
25)."
COUNCILMANIC ITEMS:
1. RESOLUTION NO. 14-05-06-04 ADOPTED RECOGNIZING, HONORING AND
AFFIRMING PROPOSITION 13 (660.40)
Council Member Reeve provided an agenda report and responded to questions.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Taylor, and carried unanimously to adopt Resolution
14-05-06-04 entitled "A RESOLUTION OF THE CITY COUNCIL OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECOGNIZING, HONORING AND AFFIRMING
PROPOSITION 13."
2. MAYOR PRO TEM KRAMER APPOINTED TO THE SOUTH COUNTY
AGENCIES NOMINATING COMMITTEE; AND, CANDIDATES MAY SUBMIT
APPLICATIONS TO THE CITY CLERK OF THE CITY OF SAN JUAN
CAPISTRANO BY 5:30 P.M., THURSDAY, MAY 15, 2014, FOR THE POSITION
OF DIRECTOR OF THE METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA (MET); AND, MAYOR DIRECTED TO APPOINT AN INTERVIEW
BOARD PANEL TO INTERVIEW APPLICANTS FOR THE MET DIRECTOR
POSITION
Mayor pro tem Kramer provided an agenda report and responded to questions.
Keith Van Der Maaten, Public Works and Utilities Director, responded to
questions.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Taylor, and carried unanimously to appoint Mayor pro tem
Kramer to the South County Agencies Nominating Committee; and, announce
that candidates may submit applications to the City Clerk of the
City of San Juan Capistrano by 5:30 p.m., Thursday, May 15, 2014, for the
position of Director of the Metropolitan Water District of Southern California
(MET); and, direct the Mayor to appoint an Interview Board Panel to interview
applicants for the MET Director position.
3. RESOLUTION NO. 14-05-06-05 ADOPTED SUPPORTING ASSEMBLY BILL
1453 AND THE ESTABLISHMENT OF THE SOUTHERN CALIFORNIA STATE
VETERANS CEMETERY (ORANGE COUNTY GREAT PARK) (660.40)
Mayor Allevato provided an agenda report.
6 5/6/2014
Council Action: Moved by Council Member Taylor, seconded by
Council Member Reeve, and carried unanimously to adopt Resolution
14-05-06-05 entitled "A RESOLUTION OF THE CITY COUNCIL OF SAN JUAN
CAPISTRANO, SUPPORTING ASSEMBLY BILL 1453 AND THE
ESTABLISHMENT OF THE SOUTHERN CALIFORNIA STATE VETERANS
CEMETERY."
ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting at 8:15 p.m. to
Wednesday, May 21, 2014, at 1:00 p.m. for a Budget Workshop; and then to Tuesday,
June 3, 014 a 5:00 p.m. for Closed Session, and 6:00 p.m. for a public Business
Sessio , ' the - ty Council Chamber.
Respec II itted,
MARI RI , C CLE K
Approved: June 3, 2014
ATTEST:
r'
SAMI
ALLEVATO, MAYOR
7 5/6/2014
NOTICE OF ADJOURNMENT OF MEETING OF
CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano,
California, adjourned its Regular Meeting of May 6, 2014, at 8:15 p.m., on to
Fdnesd'y, May 21, 2014, at 1:00 p.m. for a Budget Workshop, in the City Council
Ch m er 2400 Paseo Adelanto, San Juan Capistrano.
DATE May 7, 2014
1
Maria Morris, i Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MA A MORRIS, City Clerk of the City of San Juan Capistrano, do hereby declare
that the abov Notice was posted at or near the door of the City Council Chamber on
May 7, 14, ithin 24 hours of adjournment of the above-named meeting.
I decl re penalty of perjury that the foregoing is true and correct.
Mari Moi , Ci Clerk
NOTICE OF SPECIAL MEETING
SAN JUAN CAPISTRANO
CITY COUNCIL
T e City f San Juan Capistrano, California, hereby gives notice that a Special Meeting
of t e)Cit of San Juan Capistrano City Council will be held on Tuesday, May 6, 2014,
at 3: 0 .m. in the City Council Chambers, 32400 Paseo Adelanto, San Juan
Ca i tra CfiRfornia.
Ma s, City C rk
Da : May 1, 2014
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN JUAN CAPISTRANO )
I hereby certify that a copy of the Notice of a Special Meeting of the City of San Juan
Capistrano City Council will be held on Tuesday, May 6, 2014, at 3:30 p.m., was mailed,
emailed and/or sent via fax transmittal, or personally delivered not less than twenty-four
hours before the meeting.
Sam Allevato, Mayor
Larry Kramer, Mayor pro tem
Roy L. Byrnes, M.D., Council Member
John Taylor, Council Member
Derek Reeve, Council Member
The Register
Capistrano Valley News
Capistrano Disp tch
San Juan atc
Los Angej 6Ti es
I declare r p alty o rjury that the foregoing is true and correct.
Mariay Clerk
City of San J n Capistran
Date: May 1, 2014
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