14-0902_CC_Minutes_Regular Meeting MINUTES
September 2, 2014
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
J CLOSED SESSION:
Mayor pro tem Kramer called the September 2, 2014, Regular Meeting of the
City Council to order at 5:00 p.m. in the City Council Chamber.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., Derek Reeve, John Taylor and
Mayor pro tem Larry Kramer.
COUNCIL MEMBERS ABSENT: Mayor Allevato.
PUBLIC COMMENT: None.
CLOSED SESSION ITEM ADDED TO THE AGENDA BY 314 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 4-0 with Mayor Allevato absent to add to the Agenda the following
closed session item: Pursuant to Government Code Section 54956.9(a) & (d) (1), the
City Council will confer with legal counsel pertaining to pending litigation in the matter of
San Juan Hills Golf Club, LP. vs. City of San Juan Capistrano. OC Superior Court Case
JNo. 30-2014-00742347.*
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Reeve, Taylor and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Allevato
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 54956.8, the City Council meet with its
Real Property Negotiators (Karen P. Brust, City Manager; Hans Van Ligten,
City Attorney; Charlie, View, Development Services Director; Keith Van Der
Maaten, Public Works and Utilities Director; Cindy Russell, Chief Financial
Officer) concerning the price and term of payment for the purchase and sale
of certain real properties (listed below) in the City of San Juan Capistrano,
California. The negotiating parties would be the City and the owner
GCRE/SJC LLC - Jim Goveia of the real properties listed below.
1
26781 Ortega Highway — APN 124-170-12: 26781; No address assigned —
APN 124-170-14: 31692 EI Camino Real — APN 124-170-15;
26891 Ortega Highway—APN 124-170-16.
C. Pursuant to Government Code Section 54956.9(c), the City Council conferred
with legal counsel pertaining to one potential item for initiation of litigation.
d. Pursuant to Government Code Section 54956.9(a) & (d) (1), the
City Council conferred with legal counsel pertaining to pending litigation in the
matter of San Juan Hills Golf Club, LP. vs. City of San Juan Capistrano. OC
Superior Court Case No. 30-2014-00742347.*
BUSINESS SESSION:
Mayor pro tem Kramer called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:24 p.m. in the City Council Chamber.
Council Member Byrnes led the Pledge of Allegiance and Council Member Taylor gave
the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., John Taylor, Derek Reeve and
Mayor pro tem Larry Kramer.
COUNCIL MEMBERS ABSENT: Mayor Allevato.
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were not necessarily heard in that order.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Hans Van Ligten, City Attorney,
announced that the City Council authorized the City Attorney to defend the litigation of
San Juan Hills Golf Club, LP. vs. City of San Juan Capistrano.
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:
• South Orange County Watershed Management Committee Meeting.
• San Juan Summer Nights Concert.
• Santa Margarita Water District Meeting.
• South Orange County Economic Council Meeting.
• CREER Summer Graduation.
• Rancho Mission Viejo Rodeo.
• Cal Connections Chart School Ribbon Cutting.
• Pacifica San Juan Meeting.
• West Coat Film Festival.
• Laura's House Ribbon Cutting.
2 9/2/2014
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Ronald Denman, and Steve Behmerwohld, Parks, Recreation
and Senior Services Commission; and Kirk Wells, Division Fire Chief.
2. LARRY PORRICELLI RECOGNIZED ON HIS RETIREMENT AS MANAGER OF
THE REGENCY THEATRE (610.40)
ORAL COMMUNICATIONS:
• Chloe Tilton and Mabel Keeler, Girl Scouts Troop 2249; John Perry, City resident;
Nancy Ingham and Fish, City residents; Dan Friess, City resident; and Rick Friess,
City resident; and Clint Worthington, City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member
Byrnes, and carried 4-0 with Mayor Allevato absent to approve consent calendar items
1 through 9, as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING OF AUGUST 19, 2014,
APPROVED.
3. CITY COUNCIL MINUTES — REGULAR MEETING OF AUGUST 19, 2014,
!..� APPROVED.
4. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED AUGUST 8, 2014, TO AUGUST 21, 2014; PAYROLL (DIRECT
DEPOSITS) DATED AUGUST 15, 2014; AND PAYROLL (CHECKS) DATED
AUGUST 15, 2014, RECEIVED AND FILED (300.30)
5. CASH AND INVESTMENT REPORT FOR MONTH ENDED JULY 31, 2014,
RECEIVED AND FILED (350.30)
6. CLAIM OF MICHAEL AND JULIE FREEDMAN, DENIED, BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.10)
7. REGULAR MEETING SCHEDULE REVISED BY CHANGING THE START TIME
OF THE CITY COUNCIL MEETING OF NOVEMBER 4, 2014, FROM 6:00 P.M.
TO 3:00 P.M. (610.15)
8. UPDATED SEWER SYSTEM MANAGEMENT PLAN, APPROVED; AND
AUTHORITY DELEGATED TO THE PUBLIC WORKS AND UTILITIES
DIRECTOR TO MAKE ADMINISTRATIVE AND OTHER MINOR PROCEDURAL
J CHANGES IN ORDER TO KEEP THE SEWER SYSTEM MANAGEMENT PLAN
CURRENT (1040.50)
3 9/2/2014
9. FINAL MAP FOR TRACT 17713 (A PORTION OF TENTATIVE TRACT MAP
16146) AS IT CONFORMS TO THE REQUIREMENTS SET FORTH IN THE
SUBDIVISION MAP ACT AND THE APPROVED TENTATIVE TRACT MAP
16146 CONDITIONS, APPROVED; CITY ENGINEER AND CITY CLERK
AUTHORIZED TO EXECUTE THE FINAL MAP FOR TRACT 17713 (A
PORTION OF TENTATIVE TRACT MAP 16146); MAYOR AUTHORIZED TO
EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL
MAP FOR TRACT 17713 (A PORTION OF TENTATIVE TRACT MAP 16146)
AND ACCEPT THE CORRESPONDING SECURITIES; CITY CLERK AND CITY
ENGINEER DIRECTED TO FORWARD THE SUBDIVISION IMPROVEMENT
AGREEMENT AND FINAL MAP FOR TRACT 17713 (A PORTION OF
TENTATIVE TRACT MAP 16146) RESPECTIVELY TO THE COUNTY OF
ORANGE RECORDER'S OFFICE FOR RECORDATION; AGREEMENT
ESTABLISHING A SOILS SUBSIDENCE REMEDIATION PROGRAM WITH
TNHC SAN JUAN LLC OF TRACT 17713, APPROVED; AND, CITY CLERK
DIRECTED TO FORWARD THE AGREEMENT ESTABLISHING SOILS
SUBSIDENCE REMEDIATION PROGRAM TO THE COUNTY RECORDER'S
OFFICE FOR RECORDATION (600.30/420.40)
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. CONSIDERATION OF THE REFUNDING OPPORTUNITIES FOR THE
2002 AND 2004 WATER CERTIFICATES OF PARTICIPATION (WATER
SYSTEM FACILITIES) AND THE SAN JUAN BASIN AUTHORITY LEASE
REVENUE BONDS (GROUNDWATER RECOVERY PROJECT) ISSUE OF 2002
(340.30) — ITEM REMOVED FROM THE AGENDA BY STAFF
ORDINANCES: None.
COUNCILMANIC ITEMS:
Council Member Byrnes requested an update regarding the Del Obispo train crossing
from Orange County Transportation Authority (OCTA) at the next City Council meeting.
4 9/2/2014
ADJOURNMENT:
There being no further business Mayor pro tem Kramer adjourned the meeting at
7:05 p.m. t9 Tuesday, September 16, 2014, at 5:00 p.m. for Closed Session, and
_ 6:00 m f a public Business Session, in the City Council Chamber.
Reis I submitted,
M R RIS, ITY CL K \
Approved: September 16, 2014
ATTEST
AM ALLEV 'To, M YOR
5 9/2/2014