13-0219_CC_Minutes_Regular MeetingMINUTES
FEBRUARY 19, 2013
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Taylor called the Regular Meeting of the City Council to order at
5:01 p.m. in the City Council Chamber.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., Larry Kramer, Mayor pro tem
Sam Allevato and Mayor John Taylor.
COUNCIL MEMBERS ABSENT: Derek, Reeve.
PUBLIC COMMENT: None.
CLOSED SESSION (610.85):
A Closed Session was held for the following purposes, as authorized by statute:
a. Pursuant to Government Code Section 54954.8, the City Council conferred
with real property negotiators (Negotiators: John Taylor, Mayor, Larry Kramer,
City Council Member, Karen P. Brust, City Manager, Jim Penner and Rick
Warner) (Other Potential Parties: Church of Jesus Christ Latter Day Saints;
Accretive Realty Advisors; Pintar Investment Co.; Metro Commercial Realty
Corp.; BioRealty Inc.) pertaining to the price and terms for Lot 217.
b. Pursuant to Government Code Section 54956.9(a), the City Council
conferred with Legal Counsel pertaining to existing litigation in the matter of Save
Our San Juan vs. City of San Juan Capistrano (Koll), Orange County Superior
Court Case No. 30-2009-00305317-CU-WM-CXC.
C. Pursuant to Government Code Section 54956.9(a), the City Council conferred
with Legal Counsel pertaining to existing litigation in the matter of Daniel Friess
vs. City of San Juan Capistrano, Case No. 30-2011-00521556-CU-TT-CXC.
BUSINESS SESSION:
Mayor Taylor 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 Kramer led the Pledge of Allegiance and Council Member Byrnes gave
the Invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., Larry Kramer, Mayor pro tem
Sam Allevato and Mayor John Taylor.
COUNCIL MEMBERS ABSENT: Derek Reeve.
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: Mayor pro tem Allevato
announced that he recused himself from Closed Session Item A, due to his
Homeowners Association ownership of property within 500 feet of Lot 217.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• South County Wastewater Authority Meeting.
• South Orange County Watershed Management Area Meeting.
• Nuclear Regulatory Commission Meeting.
• Transportation Corridor Agencies Meetings (Foothill, Eastern & San Joaquin Hills
Transportation Corridors).
• Newly Elected Officials Seminar at Angel Stadium.
• Capistrano Valley Boys' and Girls' Club "Youth of the Year" Banquet.
• Ortega Highway Sidewalk Enhancement Project Meeting.
• Economic Preservation (1-5 Ortega Interchange Project) Sub -Committee Meeting.
• Revised St. Margaret's Master Plan meeting with School Officials.
• Building Industry Association dinner regarding Rancho Mission Viejo's First Phase
Development.
• Site Tour of Northwest Open Space.
• Taste of San Juan.
• Orange County Vector Control Orientation Meeting,
• San Onofre Nuclear Generating Plant Tour.
• Mayor's Walk.
• Juanerio Band of Mission Indian Tribal Council Inauguration.
• San Diego Regional Water Quality Control Board Meeting.
INTRODUCTIONS AND PRESENTATIONS:
MAYOR PRO TEM ALLEVATO INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Gerald Muir, Parks, Recreation and Senior
Services Commission and Youth Advisory Board; Steve Behmerwohld and
Ronald Denman, Parks, Recreation and Senior Services Commission;
and Ilse Byrnes, Open Space, Trails and Equestrian Commission.
2. DEPUTY ANTON PEREYRA RECOGNIZED AS DEPUTY OF THE YEAR
(610.40)
3. ROBERT MIKE RICE RECOGNIZED WITH A PROCLAMATION FOR HIS
VOLUNTEER SERVICE TO THE CITY WITH THE ORANGE COUNTY
FIRE AUTHORITY (610.40)
ORAL COMMUNICATIONS:
• Orrie Brown, City resident (provided a petition regarding EI Horno Street); Paul
McHugh, City resident; Patrick Crowley, City resident; Stacie Frederick, City
resident; Tom Entwistle, City resident; Trisha Juenernam, City resident; Tony
Brown, City resident; Ed Nunez, City resident; and Beverly Blake, City resident.
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CONSENT CALENDAR:
Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member
Byrnes and carried 4-0 with Council Member Reeve 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 (CLOSED SESSION) OF
FEBRUARY 5, 2013, APPROVED.
3. CITY COUNCIL MINUTES — REGULAR MEETING OF FEBRUARY 5, 2013,
APPROVED.
4. CHECK REGISTER FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED JANUARY 11, 2013, TO JANUARY 24, 2013, AND JANUARY 25, 2013,
TO FEBRUARY 7, 2013; PAYROLL (CHECKS) DATED JANUARY 18, 2013;
PAYROLL (DIRECT DEPOSITS) DATED JANUARY 18, 2013; PAYROLL
(CHECKS) DATED FEBRUARY 1, 2013; AND PAYROLL (DIRECT DEPOSIT)
DATED FEBRUARY 1, 2013, RECEIVED AND FILED (300.30)
5. FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT FOR
PROVISION OF ATTORNEY SERVICES WITH COLANTUONO AND LEVIN,
P.C., RECEIVED AND FILED (350.30)
6. PERSONAL SERVICES AGREEMENT WITH RE/MAX ENCORE FOR
PROVISION OF REAL ESTATE BROKER SERVICES FOR THE HARRISON
HOUSE/PARKA ADOBE PROPERTY (PARCEL NO. 666-19-18) TO
COMMENCE ON FEBRUARY 20, 2013, AND REMAIN IN EFFECT FOR A
PERIOD OF SIX (6) MONTHS OR UNTIL TERMINATED BY THE CITY OR
RE/MAX ENCORE, APPROVED (600.30)
7. VACANCIES DECLARED ON THE YOUTH ADVISORY BOARD (EXCLUDING
ADULT ADVISORS WHO SERVE TWO (2) YEAR TERMS, UNTIL 2014); AND
CITY CLERK DIRECTED TO SOLICIT APPLICATIONS TO FILL VACANCIES,
WITH APPLICATIONS DUE BY MARCH 29,2013,4:30 P.M. (110.20)
8. COOPERATIVE AGREEMENT C-2-1848 WITH THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR THE FISCAL YEAR 2012-2013
CITY PAVEMENT REHABILITATION PROJECT, APPROVED (600.50)
9. DONATION OF $20,000 FROM SAN DIEGO GAS & ELECTRIC TO FUND THE
INITIAL DEPOSIT OF $15,000 AND $1,000 FOR THE SECOND PAYMENT
FOR THE 2013 4T" OF JULY FIREWORKS DISPLAY; $3,500 FOR
SPONSORSHIP FOR THE SEPTEMBER 2013 SAN JUAN SUMMER NITES
CONCERT AND $500 FOR THE 2013 CHRISTMAS TREE LIGHTING
CEREMONIES, ACCEPTED; DONATIONS OF $500 FROM ROGER HOGAN,
CAPISTRANO TOYOTA SCION; $500 FROM TURTLE -CLICK'S CAPISTRANO
FORD AND $250 FROM THE CAMPAIGNE FAMILY FOR THE 2013 4T" OF
JULY FIREWORKS DISPLAY TO ASSIST IN FUNDING THE 2013 4T" OF JULY
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CELEBRATION FIREWORKS DISPLAY, ACCEPTED; AND FISCAL YEAR
2012-13 REVENUE ESTIMATE FOR REVENUE ACCOUNT 01-00000-44550-
00000-64B BY $15,000 AND APPROPRIATION OF $3,400 TO EXPENDITURE
ACCOUNT 01-72500-62508-00000.646 FOR THE FIRST INSTALLMENT OF
THE 2013 4T" OF JULY CELEBRATION FIREWORKS DISPLAY, INCREASED;
FISCAL YEAR 2013-14 REVENUE ESTIMATES INCREASED AS FOLLOWS:
$2,250 TO 01-00000-44550-00000-648 FOR THE SECOND PAYMENT FOR
THE 2013 4T" OF JULY CELEBRATION FIREWORKS DISPLAY; 3,500 TO
ACCOUNT 01-00000-445500-00000-647 TO FISCAL YEAR 2013-14 TO BE
ALLOCATED FOR SAN JUAN SUMMER NITES CONCERT SERIES AND
DEFER REVENUE OF $500 TO 01-00000-44550-00000-649 FOR 2013 TREE
LIGHTING CEREMONY.
PUBLIC HEARINGS:
1. CONSIDERATION OF AN URGENCY ORDINANCE ADOPTING TEMPORARY
SIGN REGULATIONS TO ASSIST BUSINESSES WITHIN THE DOWNTOWN
COMMERCIAL AREA AFFECTED BY CONSTRUCTION OF THE 1-5IORTEGA
HIGHWAY INTERCHANGE PROJECT (410.40) — PUBLIC HEARING
CONTINUED TO MARCH 19, 2013
Mayor Taylor opened the public hearing and invited testimony.
Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Kramer, and carried 4-0 with Council Member Reeve absent to
continue the Public Hearing to March 19, 2013.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Reeve
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
ADMINISTRATIVE ITEMS:
G1. PUBLIC WORKS
a. AMENDMENT NO. 3 TO COOPERATIVE AGREEMENT NO. C-8-0861 WITH
THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR RAILROAD
GRADE CROSSING SAFETY ENHANCEMENTS AND SAFETY MEASURES
RELATED TO QUIET ZONE IMPLEMENTATION, APPROVED; AND TERM
EXTENDED TO JUNE 30, 2013 (600.50)
Mayor Taylor recused himself due to proximity to his residence and stepped out
of the Council Chamber. Mayor pro tem Allevato took control of the meeting.
Jim Ross, Interim Public Works Director, provided an Agenda Report and
responded to questions.
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D
Council Action: Moved by Council Member Kramer, seconded by
Council Member Byrnes, and carried 3-0 with Council Member Reeve absent and
Mayor Taylor recused to approve Amendment No. 3 to Cooperative Agreement
No. C-8-0861 with the Orange County Transportation Authority for Railroad
Grade Crossing Safety Enhancement and Safety Measures related to Quiet Zone
implementation; and term extended to June 30, 2013.
ROLL CALL:
AYES:
COUNCIL MEMBER: Byrnes, Kramer and Mayor pro tem Allevato
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: Reeve
RECUSED:
COUNCIL MEMBER: Mayor Taylor
b. CITY MANAGER AUTHORIZED TO EXECUTE THE "NOTICE OF
ESTABLISHMENT OF NEIN QUIET ZONE" AT THE AVENIDA AEROPUERTO,
DEL OBISPO STREET, VERDUGO STREET, LA ZANJA STREET AND
OSO ROAD RAILROAD CROSSINGS (820.45)
Mayor Taylor recused himself due to proximity to his residence and stepped out
of the Council Chamber. Mayor pro tem Allevato took control of the meeting.
Jim Ross, Interim Public Works Director, provided an Agenda Report and
responded to questions. Tom Bokosky, Human Resources Manager, responded
to questions.
i Council Action: Moved by Council Member Kramer, seconded by
Mayor pro tem Allevato, and carried 3-0 with Council Member Reeve absent and
Mayor Taylor recused to authorize the City Manager to execute the "Notice of
Establishment of New Quiet Zone" at the Avenida Aeropuerto, Del Obispo Street,
Verdugo Street, La Zanja Street and Oso Road railroad crossings.
ROLL CALL:
AYES:
COUNCIL MEMBER: Byrnes, Kramer and Mayor pro tem Allevato
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: Reeve
RECUSED:
COUNCIL MEMBER: Mayor Taylor
G2. FINANCIAL SERVICES
a. FISCAL YEAR 2012/13 SECOND QUARTER FINANCIAL REPORT, RECEIVED
AND FILED; AND PROPOSED ADJUSTMENTS TO THE CITY'S OPERATING
AND CAPITAL PROJECT FUNDS AS PRESENTED, APPROVED (330.50)
Cindy Russell, Chief Financial Officer/City Treasurer, provided a PowerPoint
presentation and responded to questions.
• Public Comments: Jim Reardon, City resident.
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Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Byrnes, and carried 4-0 with Council Member Reeve absent to
receive and file the Fiscal Year 2012/13 Second Quarter Financial Report; and
approve the proposed adjustments to the City's operating and capital project
funds as presented.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
G3. UTILITIES SERVICES
Byrnes, Kramer, Allevato and Mayor Taylor
None
Reeve
SOUTH COUNTY AGENCIES MEETING FRAMEWORK AND DRAFT
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (MET)
REPRESENTATIVE SELECTION PROCESS FOR SOUTH COUNTY
AGENCIES, APPROVED; AND COUNCIL MEMBER KRAMER APPOINTED
TO SERVE AS THE REPRESENTATIVE MEMBER, AND COUNCIL
MEMBER BYRNES, AS ALTERNATE TO THE SOUTH COUNTY AGENCIES
(£00.5011050.30)
Keith Van Der Maaten, Utilities Director, provided an Agenda Report and
responded to questions.
Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Byrnes, and carried 4-0 with Council Member Reeve absent to
approve the South County Agencies Meeting Framework and the Draft
Metropolitan Water District of Southern California (Met) Representative Selection
Process for South County Agencies; and Council Member Kramer appointed to
serve as the Representative Member, and Council Member Byrnes to serve as
the Alternate Member to the South County Agencies Group.
ROLL CALL:
AYES:
NOES:
ABSENT:
ORDINANCES:
COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
COUNCIL MEMBER: None
COUNCIL MEMBER: Reeve
1. ADOPTION OF ORDINANCE NO. 1001 — REMOVING ARTICLE 2, AMENDING
ARTICLE 7, REPLACING ARTICLE 8 AND ADDING ARTICLE 13 OF CHAPTER
2 OF TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE —
RESTRUCTURING CITY COMMISSIONS AND COMMITTEES (110.10)
Maria Morris, City Clerk, read the title of the ordinance.
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Council Action: Moved by Council Member Kramer, seconded by
Mayor pro tem Allevato, and carried 4-0 with Council Member Reeve absent to
approve the second reading and adoption of Ordinance No. 1001 entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REMOVING ARTICLE 2, AMENDING ARTICLE 7,
REPLACING ARTICLE 8 AND ADDING ARTICLE 13 OF CHAPTER 2 OF TITLE
2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REMOVING THE
HOUSING ADVISORY COMMITTEE, ORGANIZING THE TRANSPORTATION
COMMITTEE, AMENDING THE DUTIES OF THE PLANNING COMMISSION
AND ORGANIZING THE INVESTMENT ADVISORY COMMITTEE."
ROLL CALL:
AYES: COUNCIL MEMBER: Bymes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Reeve
COUNCILMANIC ITEMS:
1. DISCUSSION TO REQUEST THE UTILITIES DEPARTMENT TO PROVIDE A
REPORT ON THE CADIZ WATER COMPANY OF SAN BERNARDINO AS A
POSSIBLE FUTURE WATER SOURCE FOR OUR CITY (1050.60) — ITEM
REMOVED FROM THE AGENDA
2. CITY COUNCIL POLICY 128 (NO NEW ITEMS LISTED ON THE POSTED
AGENDA TO BE DISCUSSED AFTER 10:00 P.M., UNLESS EXTENDED BY A
415 VOTE), APPROVED: AND CITU' COUNCIL POLICY 206 (COMMISSIONS
AND BOARD PUBLIC HEARING START TIME, RESCINDED (610.30)
Maria Morris, City Clerk, provided an Agenda Report.
Council Action: Moved by Council Member Kramer, seconded by
Mayor pro tem Allevato, and carried 4-0 with Council Member Reeve absent to
approve City Council Policy 128 (no new items listed on the posted Agenda to be
discussed after 10:00 p.m., unless extended by a 415 vote); and to rescind
City Council Policy 206 (Commissions and Board Public Hearing start time).
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Reeve
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ADJOURNMENT:
There being no further business Mayor Taylor adjourned the meeting
at'36 ' .m. to Tuesday, March 5, 2013, at 5:00 p.m. for Closed Session, and
6:00,ti p. for a public Business Session, in the City Council Chamber.
Respe Ily submitted,
r
MARIA MORRIS, CI LERK
s
Approved: March 5, 2013
TTEST:
ibHN TAYLORMAYOR
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