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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. 2 2/19/2013 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 3 2/19/2013 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. 4 2/19/2013 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. 5 2/19/2013 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. 6 2/19/2013 1 V' 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 7 211912013 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 k 8 2/19/2013