13-0115_CC_Minutes_Regular MeetingMINUTES
JANUARY 15, 2013
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: Please refer to Special Meeting Minutes
BUSINESS SESSION:
Mayor Taylor called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:39 p.m. in the City Council Chamber.
Mayor pro tem Allevato led the Pledge of Allegiance and Council Member Kramer gave
the invocation.
ROLL CALL
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.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: No reportable actions.
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:
• Water Advisory Committee of Orange County meeting.
• San Juan Basin Authority meeting.
• South Orange County Wastewater Authority meeting.
• Transportation Corridor Agencies meetings (Foothill, Eastern & San Joaquin Hills
Transportation Corridors).
• Mayor's New Year's Party.
• Meeting with St. Margaret's School representative.
• Meeting with City Auditors pertaining to the annual audit review.
• Economic Preservation (1-5 Ortega Interchange Project) Sub -Committee meeting.
• Ribbon Cutting Ceremony for Five Vines Wine Bar.
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; Bob Cardoza, Design Review
Committee; Ronald Denman, Parks, Recreation and Senior Services
Commission; Gene Ratcliffe, Planning Commission; Isabelle Vasquez, Lanikai
Hidalgo and Erica Delamare, Youth Advisory Board.
2. GOVERNMENT FINANCE OFFICERS ASSOCIATION PRESENTED A
CERTIFICATE FOR EXCELLENCE IN FINANCIAL REPORTING FOR FISCAL
YEAR ENDED JUNE 30, 2011, TO THE CITY (610.40)
3. TROUT UNLIMITED AND CDM SMITH PROVIDED A PRESENTATION OF THE
TRABUCO CREEK CHANNEL STABILIZATION MULTI -BENEFIT
IMPROVEMENT (530.75)
Public Correspondence: Rebecca Robles, United Coalition to Protect Panhe.
Public Comments: Raymond Hiemstra, Orange County Coastkeeper;
Garret Saals, Laguna Beach resident; Kurt Zimmerman, California Trout; and
Richard Gardner, Capistrano Beach resident.
ORAL COMMUNICATIONS:
Jeff 136o, City resident; Erica Delamare, Youth Advisory Board; Teri Graza, Friends
of the Library; and Gene Ratcliffe, City resident.
CONSENT CALENDAR:
Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member
Byrnes and carried unanimously to approve consent calendar items 1 through 6, 8, 9,
14, 15 and 16 as recommended by staff with Mayor Taylor abstained from consent
calendar item 6; and Council Member Reeve opposed to consent Calendar 15.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES -- ADJOURNED REGULAR MEETING OF
DECEMBER 11, 2012, APPROVED.
3. CITY COUNCIL MINUTES — SPECIAL MEETING OF JANUARY 4, 2013,
APPROVED.
4. CHECK REGISTER FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED NOVEMBER 30, 2012, TO DECEMBER 27,2012; PAYROLL (CHECKS)
DATED DECEMBER 1, 2012; PAYROLL (DIRECT DEPOSITS) DATED
DECEMBER 7, 2012; PAYROLL (CHECKS) DATED DECEMBER 13, 2012;
AND PAYROLL (CHECKS AND DIRECT DEPOSITS) DATED DECEMBER 21,
2012, RECEIVED AND FILED (300.30)
5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED NOVEMBER
30, 2012, RECEIVED AND FILED (350.30)
6. NEW DEVELOPMENT APPLICATION STATUS, RECEIVED AND FILED
(440.10)
ROLL CALL:
AYES:
COUNCIL MEMBER: Byrnes, Reeve, Kramer and Mayor pro tem Allevato
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
ABSTAINED:
COUNCIL MEMBER: Mayor Taylor
2 1/15/2013
7. RESOLUTION 12-12-11-04 ADOPTING THE MITIGATED NEGATIVE
DECLARATION (MND) AND A MITIGATION MONITORING AND REPORTING
PROGRAM (MMRP) FOR THE REATA PARK AN EVENT CENTER, RATIFIED;
AND RESOLUTION 12-12-11-05 APPROVING THE REATA PARK AND EVENT
CENTER MASTER PLAN, RATIFIED (600.30)
1" Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Kramer, and carried 4-1 with Council Member Reeve opposed
to ratify RESOLUTION 12-12-11-04 adopting the Mitigated Negative Declaration
(MND) and a Mitigation Monitoring and Reporting Program (MMRP) for the
Reata Park an Event Center.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Byrnes, Kramer, Allevato and Mayor Taylor
Reeve
None
2n4 Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Kramer, and carried 3-2 with Council Member Byrnes and
Council Member Reeve opposed to ratify RESOLUTION 12-12-11-05 approving
the Reata Park and Event Center Master Plan.
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER. Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
8. THIRD AMENDMENTS TO THE FOLLOWING PERSONAL SERVICES
AGREEMENT FOR THE DEL OBISPO STREET WIDENING FROM ALIPAZ
STREET TO PASEO ADELANTO PROJECT (CIP 07107), APPROVED: 1) RBF
CONSULTING TO PERFORM SHOP DRAWING REVIEW AND REQUEST FOR
INFORMATION (RFI) SUPPORT OF STRUCTURAL ITEMS, INCREASING THE
CONTRACT AMOUNT BY $5,000.00, FOR A TOTAL NOT TO EXCEED
CONTRACT AMOUNT OF $67,310.00, AND EXTENDING THE TERM TO
APRIL 1, 2013; 2) HDR ENGINEERING TO PERFORM BIOLOGICAL
MONITORING, INCREASING THE CONTRACT AMOUNT BY $1500.00, FOR A
TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $10,000.00, AND
EXTENDING THE TERM OF THE CONTRACT TO APRIL 1, 2013; 3) WILLDAN
ENGINEERING TO PERFORM SHOP DRAWING REVIEW AND REQUEST
FOR INFORMATION SUPPORT OF NON-STRUCTURAL ITEMS, INCREASING
THE CONTRACT AMOUNT BY $12,000.00 FOR A TOTAL NOT TO EXCEED
CONTRACT AMOUNT OF $40,790.00, AND EXTENDING THE TERM OF THE
CONTRACT TO JULY 26, 2013; 4) SMITH -EMERY LABORATORIES TO
PERFORM GEOTECHNICAL TESTING AND INSPECTION, EXTENDING THE
TERM TO APRIL 1, 2013; 5) RBF CONSULTING TO PERFORM
STORMWATER POLLUTION PREVENTION PLAN (SWPPP) DEVELOPMENT
AND CONSTRUCTION GENERAL PERMIT COMPLIANCE, EXTENDING THE
TERM OF THE CONTRACT TO APRIL 1, 2013; AND, 6) LSA ASSOCIATES,
INC. TO PERFORM ARCHEOLOGICAL AND PALEONTOLOGICAL
RESOURCES MONITORING, EXTENDING THE TERM OF THE CONTRACT
TO APRIL 1, 2013 (600.30)
3 1/15/2013
9. AGREEMENT ESTABLISHING SOILS SUBSIDENCE REMEDIATION
PROGRAM FOR TRACT 13436 (TAYLOR MORRISON OF CALIFORNIA, LLC)
(CAMPANILLA HOME OWNERS ASSOCIATION), APPROVED (600.30)
10. CONSIDERATION OF A FEE WAIVER FOR SPECIAL ACTIVITIES PERMIT
(SAP) 13-004 FOR THE SECOND SATURDAY ART FAIR (RANDI PESHKIN), —
1TEM REMOVED FROM THE AGENDA (390.30)
• Public Correspondence: Randi Peshkin, City resident.
11. CONSIDERATION OF A PERSONAL SERVICES AGREEMENT FOR THE
HYDROSEEDING OF CALIFORNIA NATIVE PLANT SEED FOR THE 2C
RANCH-TRABUCO CREEK HABITAT RESTORATION PROJECT (CIP 11204,
11205, AND 11206) (PACIFIC RESTORATION GROUP, INC.) — ITEM
REMOVED FROM THE AGENDA
12. CONSIDERATION OF A PERSONAL SERVICES AGREEMENT FOR
THE INSTALLATION OF CALIFORNIA NATIVE PLANTS FOR THE
2C RANCH-TRABUCO CREEK HABITAT RESTORATION PROJECT
(CIP 11204, 11205, AND 11206) (NAKAE AND ASSOCIATES, INC.) — ITEM
REMOVED FROM THE AGENDA
13. SECOND AMENDMENT TO THE SITE ACCESS LICENSE WITH THE SAN
JUAN CAPISTRANO OPEN SPACE FOUNDATION AND SJCOSF
DEVELOPMENT, INC. TO ALLOW ACCESS TO THE "DR. JOE CORTESE
DOG PARK" LOCATED AT THE NORTHWEST OPEN SPACE TO
CONSTRUCT THE PROPOSED DOG PARK AND PARKING IMPROVEMENTS,
APPROVED (600.30)
o Public Comments: Brad Gates, Open Space Foundation.
Council Action: Moved by Council Member Kramer, seconded by
Mayor pro tem Allevato, and carried 4-1 with Council Member Reeve opposed to
approve a Second Amendment to the Site Access License with The San Juan
Capistrano Open Space Foundation and SJCOSF Development, Inc. to allow
access to the "Dr. Joe Cortese Dog Park" located at the Northwest Open Space
to constrict the proposed dog park and parking improvements; with the following
change: The Site Access License is amended to provide that the Northwest
Open Space may be closed by license for a period of 30 working days to allow
grading and construction of the project.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT. COUNCIL MEMBER: None
14. SITE ACCESS (RIGHT OF ENTRY) LICENSE WITH RONALD B. HANSON TO
ALLOW THE CITY TO PERFORM MITIGATION WORK AS PART OF THE
ARIZONA CROSSING RESTORATION PROJECT, APPROVED (600.30)
4 1/15/2013
15. UPDATE ON THE AMENDED INTEGRATED REGIONAL WATER
MANAGEMENT (IRWM) PROPOSITION 50 GRANT AGREEMENT (GRANT
AGREEMENT NO. 07-542-550 AMENDMENT NO. 3), RECEIVED AND FILED
(600.30)
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Byrnes, Kramer, Allevato and Mayor Taylor
Reeve
None
16. INVITATION TO PARTICIPATE WITH SOUTH ORANGE COUNTY
WASTEWATER AUTHORITY (SOCWA) IN THE STATE REVOLVING FUND
(SRF) LOAN FOR CAPITAL IMPROVEMENT PROJECTS AT THE JB LATHAM
TREATMENT PLANT, REJECTED (1050.40)
PUBLIC HEARINGS:
1. RESOLUTION NO. 13-01-15-01 ADOPTED, APPROVING THE FORMATION
OF, AND APPOINTING THE BOARD OF DIRECTORS FOR GEOLOGIC
HAZARD ABATEMENT DISTRICT 13-01 FOR TRACT 13436 CAMPANILLA
HOME OWNERS ASSOCIATION (TAYLOR MORRISON OF CALIFORNIA,
LLC.) (345.90)
Joe Mankawich, Associate Engineer, provided a staff report and responded to
questions.
Mayor Taylor opened the public hearing and invited testimony. No public
testimony was provided. Mayor Taylor closed the public hearing.
Council Action: Moved by Council Member Byrnes, seconded by
Mayor pro tem Allevato, and carried unanimously to adopt Resolution
No. 13-01-15-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
FORMATION OF, AND APPOINTING THE BOARD OF DIRECTORS FOR
GEOLOGIC HAZARD ABATEMENT DISTRICT 13-01 FOR TRACT 13436
CAMPANILLA HOME OWNERS ASSOCIATION (TAYLOR MORRISON OF
CALIFORNIA, LLC.)."
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. FISCAL YEAR 2011-12 AUDIT REPORTS BY ROGERS, ANDERSON, MALODY
& SCOTT, LLP, RECEIVED AND FILED (310.30)
5 1/15/2013
Cindy Russell, Chief Financial Officer/City Treasurer, provided a staff report and
responded to questions. Terry Shea and Brad Welebir, Rogers, Anderson,
Malody & Scott, LLP, provided a PowerPoint presentation and responded to
questions.
Council Action: Moved by Council Member Byrnes, seconded by
Mayor pro tem Allevato, and carried unanimously to receive and file the Fiscal
Year 2011-12 Audit Reports by Rogers, Anderson, Malody & Scott, LLP.
ORDINANCES: None.
COUNCILMANIC ITEMS:
FAIR POLITICAL PRACTICES COMMISSION (FPPC) FORM 806 (AGENCY
REPORT OF PUBLIC OFFICIAL APPOINTMENTS), ADOPTED, AND CITY
CLERK DIRECTED TO POST FORM 806 ON THE CITY'S WEBSITE;
MEMBERS APPOINTED TO SERVE AS REPRESENTATIVES TO VARIOUS
OUTSIDE AGENCIES THROUGH DECEMBER 2013; AND RESOLUTION NO.
13-01-15-02 ADOPTED DESIGNATING A REPRESENTATIVE AND
ALTERNATE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF
DIRECTORS (640.401610.60)
Maria Morris, City Clerk, provided a staff report and responded to questions.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Byrnes, and carried unanimously to adopt Fair Political
Practices Commission (FPPC) Form 806 (Agency Report of Public Official
Appointments).
Council Action: Moved by Council Member Reeve, seconded by
Mayor pro tem Allevato, and carried unanimously to adopt Resolution
No. 13-01-15-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING A
REPRESENTATIVE AND ALTERNATE TO THE ORANGE COUNTY FIRE
AUTHORITY'S BOARD OF DIRECTORS."
League of Cities — Orange Coun!y Division
Moved by Council Member Reeve, seconded by Mayor pro tem Allevato, and
carried unanimously to make the following appointments to the League of Cities
— Orange County Division:
John Taylor, Member
Larry Kramer, Alternate
6 111512013
Orange County Library Advisory Board
Moved by Council Member Kramer, seconded by Mayor pro tem Allevato, and
carried unanimously to make the following appointments to the Orange County
Library Advisory Board:
Dr. Roy L. Byrnes, Member
Derek Reeve, Alternate
San Juan Basin Authority
Moved by Mayor pro tem Allevato, seconded by Council Member Reeve, and
carried unanimously to make the following appointments to the San Juan Basin
Authority:
Larry Kramer, Member
Dr. Roy L. Byrnes, Alternate
Desalination Proiect Participate Committee
Moved by Council Member Reeve, seconded by Council Member Byrnes, and
carried unanimously to make the following appointments to the Desalination
Project Participate Committee:
Larry Kramer, Member
Dr. Roy L. Byrnes, Alternate
South Orange County Watershed Management Area (SOCWMA)
Moved by Council Member Reeve, seconded by Mayor pro tem Allevato, and
carried unanimously to make the following appointments to the South Orange
County Watershed Management Area:
Larry Kramer, Member
Dr. Roy L. Byrnes, Alternate
California Joint Powers Insurance Authority
Moved by Council Member Reeve, seconded by Council Member Byrnes, and
carried unanimously to make the following appointments to the California Joint
Powers Insurance Authority:
John Taylor, Member
Larry Kramer, Alternate
Southern California Association of Governments (SLAG)
Moved by Mayor Taylor, seconded by Council Member Byrnes, and carried
unanimously to make the following appointments to the Southern California
Association of Governments (SCAG):
Sam Allevato, Member
Larry Kramer, Alternate
7 1/15/2013
Orange_County Fire Authority (OCFA)
Moved by Council Member Byrnes, seconded by Council Member Kramer, and
carried unanimously to make the following appointments Orange County Fire
Authority:
Sam Allevato, Member
John Taylor, Alternate
Vector Control
Moved by Council Member Byrnes, seconded by Council Member Kramer, and
carried unanimously to make the following 2 -year appointment to the
Vector Control:
John Taylor, Member (2 -Year Term)
South Orange County Wastewater Authority Joint Powers Authority (SOCWA)
Moved by Council Member Reeve, seconded by Mayor pro tem Allevato, and
carried unanimously to make the following appointments to the South Orange
County Wastewater Authority Joint Powers Authority:
Larry Kramer, Member
Dr. Roy L. Byrnes, Alternate
Transportation Corridors Aciencies Foothill/Eastern & San Joaquin Hills
Moved by Council Member Kramer, seconded by Council Member Byrnes carried
unanimously to make the following appointments Transportation Corridors
Agencies (Foothill/Eastern 241 Toll Road & San Joaquin Hills 73 Toll Road):
Sam Allevato, Member
John Taylor, Alternate
2. CONSIDERATION OF DECLARING A VACANCY ON THE HOUSING
ADVISORY COMMITTEE (114.20)
Maria Morris, City Clerk, provided a staff report.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Byrnes, and carried unanimously not to declare a vacancy on
the Housing Advisory Committee.
8 1/15/2013
ADJOURNMENT:
There being no further business Mayor Taylor adjourned the meeting
at 8:44 p.m. to Tuesday, February 5, 2013, at 5:00 p.m. for Closed Session, and
5:00 p.m. for a public Business Session, in the City Council Chamber.
Respectfully s bmitt d,
_t
MARIA MORRI'S,ICITY CLERK
Approved: February 5, 2013
ATTEST:
JOHN TAYLOR, MAYOR
9 1/1512013