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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