14-0617_CC_Minutes_Regular Meeting MINUTES
June 17, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
JCLOSED SESSION:
Mayor Allevato called the June 17, 2014, Regular Meeting of the City Council to order at
4:06 p.m. in the City Council Chamber.
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.
PUBLIC COMMENT: None.
CLOSED SESSION ITEM ADDED TO THE AGENDA BY 415 VOTE MINIMUM TO
DISCUSS AN ITEM THAT AROSE AFTER POSTING OF THE AGENDA:
Council Action: Moved by Council Member Byrnes, seconded by Council Member
Taylor, and carried unanimously to add to the Agenda the following closed session item:
Pursuant to Government Code Section 54956.9(c), the City Council will confer with
Legal Counsel to discuss potential litigation.*
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) & (d) (1), 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) & (d) (1), the
City Council conferred with legal counsel pertaining to existing litigation in the
matter of Commonsense.com, LLC vs. City of San Juan Capistrano, at. al.
OC Superior Court Case No. 30-2013-00688382.
C. Pursuant to Government Code Section 54957, the City Council conducted a
performance evaluation of the City Manager.
d. Pursuant to Government Code Section 54957, the City Council did not
conduct a performance evaluation of the City Clerk.
e. Pursuant to Government Code Section 54956.9(c), the City Council
conferred with Legal Counsel to discuss potential litigation.* (Item added to
the Agenda)
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BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:13 p.m. in the City Council Chamber.
Council Member Byrnes led the Pledge of Allegiance and Mayor pro tem Kramer gave
the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., John Taylor, Derek Reeve,
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.
MEETING DEDICATION: Mayor Allevato dedicated the meeting in memory of
Marie Blair, long-time member of the Senior Club and 30 year resident of
San Juan Capistrano.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• San Juan Capistrano Water Forum No. 4.
• Real Property Sub-Committee Meeting.
• Transportation Corridor Agency Briefing Meeting.
• Rancho Mission Viejo Briefing Meeting.
• San Joaquin Hills Transportation Corridor Agency Board Meeting.
• Foothill Eastern Transportation Corridor Agency Board Meeting.
• Transportation Corridor Agencies Meetings.
• Voluntary Settlement Conference with Capistrano Common Sense.
• 4th of July Recording at City Hall.
• Conference with Auditors for the City's Annual Audit.
• City Council Retreat.
• Chamber of Commerce Breakfast.
• Metropolitan Water District Representative Nominating Committee Meeting.
• San Juan Basin Authority Meeting.
• South Orange County Wastewater Authority Meeting.
• Chamber of Commerce Mixer.
• St. Margaret Episcopal High School Graduation.
• American Legion Meeting.
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; Steve Behmerwohld and Kathy Hopper,
Parks, Recreation and Senior Services Commission; and Avrial Barreto and
Kali Winn, Youth Advisory Board.
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2. SADDLEBACK VALLEY CHRISTIAN SCHOOL VOLLEYBALL TEAMS
RECOGNIZED FOR CIF CHAMPIONSHIPS (610.40)
3. UPDATE ON 1-5/ORTEGA HIGHWAY PROJECT PROVIDED BY CALTRANS
(610.40)
• Public Comments: Mark Speros, City resident (provided handout).
ORAL COMMUNICATIONS:
• Tom Hribar, City resident; Kathy Hooper, City resident; Jennifer Green, San Juan
Capistrano Business Owner; Kali Winn and Avrial Barreto, Youth Advisory Board;
Rob Williams, City resident; and Steve Behmerwohld, Parks, Recreation and Senior
Services Commission.
CONSENT CALENDAR:
Council Action: Moved by Council Member Taylor, seconded by Council Member
Reeve, and carried unanimously to approve consent calendar items 1 through 11, as
recommended by staff, with Council Member Taylor abstained from consent calendar 6.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF JUNE 3, 2014,
APPROVED.
3. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED MAY 23, 2014, TO JUNE 5, 2014; AND PAYROLL (DIRECT
DEPOSITS) DATED JUNE 5, 2014, RECEIVED AND FILED (300.30)
4. CLAIM OF BRIAN ROEDER, DENIED, BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER,
CARL WARREN & COMPANY (170.10)
5. CLAIM OF TOMMY HILLIKER, DENIED, BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER,
CARL WARREN & COMPANY (170.10)
6. CLAIM OF 26755 VERDUGO, LLC, DENIED, BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.10)
Council Member Taylor abstained due to proximity to his residence.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Reeve, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Taylor
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7. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
8. DONATION OF $248 TO ASSIST IN FUNDING THE 2014 KINDERGARTEN
READINESS LAST DAY OF SCHOOL CELEBRATION, ACCEPTED; AND
FISCAL YEAR 2013-2014 REVENUE ESTIMATE INCREASED FOR ACCOUNT
01-00000-44570-00000-690 BY $248 AND $248 APPROPRIATED TO
EXPENDITURE ACCOUNT 01-72900-00000-690 (150.10)
9. FIFTH AMENDMENT TO THE FIVE-YEAR AGREEMENT FOR LAW
ENFORCEMENT SERVICES BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND THE COUNTY OF ORANGE, WITH THE 5T" FINANCIAL
OBLIGATION OF $7,852,673 FROM JULY 1, 2014, TO JUNE 30, 2015,
SUBJECT TO ADOPTION OF THE FISCAL YEAR 2014-2015 BUDGET (600.50)
10. CHANGE ORDER NOS. 3 AND 4 IN THE AMOUNT OF $227,349, RATIFIED;
AND CHANGE ORDER NO. 6 IN THE AMOUNT OF $109,140 FOR A TOTAL
AMOUNT OF $336,489 FOR THE DEL OBISPO STREET WIDENING FROM
ALIPAZ STREET TO PASEO ADELANTO PROJECT WITH PETERSON-
CHASE GENERAL ENGINEERING CONSTRUCTION, INC., APPROVED
(600.30)
11. FORMAL BIDING REQUIREMENTS PURSUANT TO SECTION 3.4.306(E)(III)
OF THE 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 A THREE (3) YEAR TERM, BEGINNING JULY 1, 2014, WITH
THREE (3) ONE-YEAR RENEWAL OPTIONS, SUBJECT TO AVAILABLE
FUNDING IN THE OPERATIONAL BUDGET, APPROVED (600.30)
12. PURCHASES APPROVED VIA THE EMERGENCY PURCHASING
AUTHORIZATION PROCESS IN THE AMOUNT OF $206,976.68, AS
DETAILED IN ATTACHMENT 1, RATIFIED; AND $681,000 FROM THE WATER
OPERATIONS FUNDS TO COVER ADDITIONAL IMPORTED WATER COSTS,
CHEMICALS COSTS, ELECTRICAL COSTS, AND LEGAL COSTS, AS
DETAILED IN ATTACHMENT 2, APPROPRIATED; AND PROPOSED BUDGET
ADJUSTMENT OF $45,000 TO THE CITY'S OPERATING FUNDS TO COVER
LABORATORY COSTS OF $45,000 TO BE OFFSET BY A REDUCTION OF
$45,000 IN OTHER WATER OPERATING FUNDS FOR A NET INCREASE OF
$0 AS DETAILED IN ATTACHMENT 3, APPROVED (330.20)
Keith Van Der Maaten, Public Works and Utilities Director, provided a staff report
and responded to questions.
• Public Comments: Ian Smith, City resident.
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Council Action: Moved by Council Member Byrnes, seconded by Mayor pro tem
Kramer, and carried unanimously to ratify purchases approved via the
emergency purchasing authorization process in the amount of $206,976.68; and
appropriate $681,000 from the water operations funds to cover additional
Jimported water costs, chemicals costs, electrical costs, and legal costs, and
approve proposed budget adjustment of $45,000 to the city's operating funds to
cover laboratory costs of $45,000 to be offset by a reduction of $45,000 in other
water operating funds for a net increase of$0.
PUBLIC HEARINGS:
1. RESOLUTION NO. 14-06-17-01 ADOPTED REVISING WATER, NON-
POTABLE WATER AND SEWER COMMODITY AND SERVICE CHARGES
(1040.2011050.20)
• Public Correspondence: Richard Gardner, Capistrano Beach resident.
Francie Kennedy, Water Conservation Coordinator, provided a staff report and
responded to questions. Sanjay Gaur, Raftelis Financial Consultants, provided a
PowerPoint presentation and responded to questions.
Mayor Allevato opened the public hearing and invited testimony and/or protest
letters.
• Public Testimony: Kerry Ferguson, City resident (provided handout); Dennis
Etilin, City resident; Rhen Cohen, City resident; Mark Speros,
City resident; John Perry, City resident; Ian Smith City resident; Deloris Davis,
City resident; Clint Worthington, City resident; Geoffrey K. Vonmuff,
City resident; Dick Hard, City resident; and Dick Davidson, City resident.
Mayor Allevato closed the public hearing. The final number of protest letters
received by the City Clerk was 349.
Council Action: Moved by Council Member Taylor, seconded by
Mayor pro tem Kramer, and carried 3-2 with Council Member Byrnes and Council
Member Reeve opposed to adopt Resolution No. 14-06-17-01 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REVISING WATER, NON-POTABLE WATER
AND SEWER COMMODITY AND SERVICE CHARGES."
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
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SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
SEWER MAINTENANCE DISTRICT NO. 1 (Refer to Successor Agency Minutes)
ADMINISTRATIVE ITEMS: `
H1. CITY MANAGER
a. DISCUSSION AND DIRECTION REGARDING LOCAL AGENCY FORMATION
COMMISSION (LAFCO) — SOUTH ORANGE COUNTY GOVERNANCE AND
VISIONING PROJECT STAKEHOLDER WORKING GROUP FOR THE
RANCHO MISSION VIEJO STUDY AREA — NO FORMAL ACTION TAKEN
(620.40)
Karen P. Brust, City Manager, provided an agenda report and responded to
questions.
ORDINANCES:
1. ORDINANCE 1015 ADOPTED APPROVING AND ADOPTING AN EXTENSION
TO THE "DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
SAN JUAN CAPISTRANO AND JERRY W. AND NANCY C. NEELY AS
TRUSTEES OF THE NEELY FAMILY TRUST OF MARCH 3, 1989" (600.30)
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Reeve, and carried unanimously to approve the second reading
and adoption of Ordinance 1015 entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AND ADOPTING AN EXTENSION TO THE "DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND JERRY W. AND NANCY C. NEELY AS TRUSTEES OF THE NEELY
FAMILY TRUST OF MARCH 3, 1989."
2. ORDINANCE 1016 ADOPTED AMENDING ARTICLE 4 OF CHAPTER 3 OF
TITLE 9 OF THE MUNICIPAL CODE TO ESTABLISH AN ECONOMIC
PRESERVATION OVERLAY DISTRICT PROVIDING FLEXIBLE TEMPORARY
SIGN STANDARDS TO ASSIST BUSINESSES CITY-WIDE DURING
CONSTRUCTION OF THE 1-5/ORTEGA HIGHWAY INTERCHANGE PROJECT
(600.30)
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance.
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Council Action: Moven by Council Member Taylor, seconded by
Council Member Reeve, and carried unanimously to approve the second reading
and adoption of Ordinance 1016 entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING ARTICLE 4 OF CHAPTER 3 OF TITLE 9 OF THE MUNICIPAL
~' CODE TO ESTABLISH AN ECONOMIC PRESERVATION OVERLAY DISTRICT
PROVIDING FLEXIBLE TEMPORARY SIGN STANDARDS TO ASSIST
BUSINESSES CITY-WIDE DURING CONSTRUCTION OF THE 1-5/ORTEGA
HIGHWAY INTERCHANGE PROJECT,"
COUNCILMANIC ITEMS:
1. RESOLUTION NO. 14-06-17-02 ADOPTED DESIGNATING JACQUE TAHUKA-
NUNEZ AS THE CITY OF SAN JUAN CAPISTRANO CULTURAL
AMBASSADOR FOR THE 2014 NORTH AMERICAN INDIGENOUS GAMES
(140.70)
• Public Comments: Jacque Tahuka-Nuhez, City resident.
Council Action: Moved by Council Member Byrnes, seconded by
Council Member Reeve, and carried unanimously to adopt Resolution No.
14-06.17-02 entitled 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A CULTURAL
AMBASSADOR TO REPRESENT THE CITY OF SAN JUAN CAPISTRANO
ACTIVITIES AND APPOINTING JACQUE TAHUKA-NUNEZ AS FIRST
AMBASSADOR."
ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting at 9:40 p.m. to
Thursday, June 19, 2014, at 9:00 a.m. for a Budget Workshop; and then to
Thursday, June 19, 2014, at 6:00 p.m. for an Adjourned Regular Meeting
(Urban Village Project); and then to Monday, June 23, 2014, at 1:00 p.m. for an
Adj rel Regular Meeting, in the City Council Chamber.
Resp66tfully submitted,
(
( —
McRIA MORRIS, C LERK
u
Approved: July 15, 2014
ATTEST:
AW_
ISAM ALLEVATO, MAYOR
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