13-0416_CC_Minutes_Regular MeetingMINUTES
APRIL 16, 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., Derek Reeve, Larry Kramer,
Mayor pro tem Sam Allevato and Mayor John Taylor.
COUNCIL MEMBERS ABSENT: None.
PUBLIC COMMENT:
Laura Hess, Kring & Chung Attorneys LLP, representing Mercado EI Rey.
CLOSED SESSION (610.$5):
A Closed Session was held for the following purposes, as authorized by statute:
a. Pursuant to Government Code Section 54956.9 (a), the City Council conferred
with Legal Counsel to discuss anticipated litigation (One (1) item).
b. Pursuant to Government Code Section 54956.9(a), the City Council conferred
with Legal Counsel pertaining to existing litigation in the matter of an
administrative claim for unfunded mandates relating to Storm Water Permit
Compliance costs and related Test Claims brought by the County of Orange
Unfunded mandates — County of Orange.
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.
d. Pursuant to Government Code Section 54954.8, the City Council conferred with
real property negotiators (Negotiators: Committee members, Karen Brust, City
Manager; John Taylor, Mayor; Larry Kramer, City Council Member; and Re/Max
Encore, Broker) (Other Party: Ivar Southern pertaining to the price and terms for
the Harrison House/Parra Adobe (APN No. 666-19-18).
BUSINESS SESSION:
Mayor Taylor called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:10 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., Derek Reeve, Larry Kramer,
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.
MEETING DEDICATION: Mayor Taylor dedicated the meeting to the Boston Marathon
individuals who lost their lives, were injured, and to the heroic efforts of the police, fire
and medical personnel.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Chamber of Commerce Breakfast — Rancho Mission Viejo Development.
• Huntington Beach Desalinization Project Meeting.
• San Diego Gas & Electric Reliability Enhancement Aesthetic Sub -Committee
Meeting.
San Diego Gas & Electric Local Office Ribbon Cutting Ceremony.
• Earth Day Festival at the Ecology Center.
• 2nd Saturday Art Fair.
• Lunch Local — San Juan Capistrano Chamber of Commerce.
Orange County Fire Authority Meeting.
• Metropolitan Water District Tour.
• Briefing — Poseidon Desal.
Transportation Corridor Agencies Budget Finance Meeting.
Meeting with Friends of the Library.
• Board of Directors Installation for Association of California Cities — Orange County.
• Mayor's Walk.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM ALLEVATO INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Nathan Goodman and Jameson Johnson,
Youth Advisory Board; Steve Behmerwohld and Ronald Denman, Parks,
Recreation and Senior Services Commission; Ilse Byrnes, Open Space, Trails
and Equestrian Commission; Bob Cardoza, Design Review Committee; and Roy
Nunn, Planning Commission and Design Review Committee.
2. APRIL 2013 PROCLAIMED AS DMVIDONATE LIFE MONTH (610.40)
3. MARCO FORSTER SCHOOL STUDENTS RECOGNIZED FOR RUNNING THE
LA MARATHON (610.40)
4. NATIONAL LIBRARY WEEK PROCLAIMED (610.40)
2 4/16/2013
5. RETIRED ORANGE COUNTY FIRE AUTHORITY DIVISION CHIEF RICK
ROBINSON, RECOGNIZED (610.40)
6. EARTH DAY, PROCLAIMED (610.10)
ORAL COMMUNICATIONS:
• Rhen Cohan, City resident; Georgeann Elliott, Ark of San Juan; Jamenson
Johnson, Youth Advisory Board; and Steve Behmerwohld, City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Kramer, seconded by Council Member
Byrnes, and carried unanimously to approve consent calendar items 1 through 12, 14,
15, 17, and 21 as recommended by staff, with Council Member Kramer abstaining from
consent calendar 9, and Council Member Reeve opposed to consent calendar 17.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF APRIL 2, 2013, AND
SPECIAL MEETING (CLOSED SESSION) OF APRIL 2, 2013.
3. CHECK REGISTER FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED MARCH 22, 2013, TO APRIL 4, 2013, AND PAYROLL (DIRECT
DEPOSITS) DATED MARCH 29, 2013, RECEIVED AND FILED (300.30)
4. OPEN SPACE BONDS MEASURE Y — ANNUAL FINANCIAL REPORT,
RECEIVED AND FILED (390.80)
5. RESOLUTION NO. 13-44-16-01 ADOPTED ENTITLED: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING THE INVESTMENT OF CITY MONIES IN THE
LOCAL AGENCY INVESTMENT FUND (350.30)
6. FINAL PLANS AND SPECIFICATIONS FOR THE LIBRARY BOOKSTORE
RELOCATION PROJECT, APPROVED; UPON RECEIPT OF FUNDING FROM
THE FRIENDS OF THE LIBRARY, CITY MANAGER AUTHORIZED TO AMEND
THE CITY'S CAPITAL IMPROVEMENT PROGRAM BUDGET AS FOLLOWS: A)
APPROPRIATE $287,843 FOR THE FRIENDS OF THE LIBRARY
BOOKSTORE RELOCATION PROJECT (CIP NO. 13301) TO BE FUNDED
FROM THE FACILITIES OPERATIONS FUND, AND B) ADJUST THE CITY'S
FACILITIES OPERATIONS FUND TO INCREASE COMMUNITY DONATIONS
REVENUE BY $287,843 (81-00000-48901-00000-000) TO ACCEPT THE
CONTRIBUTION FROM THE SAN JUAN CAPISTRANO FRIENDS OF THE
LIBRARY AND APPROPRIATE THE FUNDING FOR CIP NO. 13301 (81-00000-
69050-13301-000) IN THE SAME AMOUNT; AND FEE WAIVER REQUEST IN
THE AMOUNT OF $7,982.07, GRANTED (390.301330.40)
3 4/16/2013
7. RESOLUTION NO. 13-04-16-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, RESCINDING RESOLUTION 96-04-02-03 AND ESTABLISHING
TIME LIMIT PARKING ON THE WEST SIDE OF CAMINO CAPISTRANO
SOUTH OF AVENIDA AEROPUERTO" (570.30)
8. RESOLUTION NO. 13-04-16-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING TIME LIMIT PARKING ON THE WEST SIDE OF
CAMINO CAPISTRANO FROM LA ZANJA STREET TO ACJACHEMA STREET"
(570.30)
9. RESOLUTION NO. 13-04-16-04 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ORDERING THE PREPARATION OF PLANS,
SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND
REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF
THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND
CHAPTER 2.5 OF DIVISION 1 OF TITLE 5 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL
ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT, AND SETTING A
TIME AND PLACE FOR THE PUBLIC HEARING THEREON;" AND SETTING A
PUBLIC HEARING DATE OF JUNE 4, 2013, TO CONSIDER ADOPTING
ASSESSMENTS (345.20)
Council Member Kramer abstained due to his residence being within the
Los Corrales district.
ROLL CALL:
AYES:
COUNCIL MEMBER: Byrnes, Reeve, Allevato and Mayor Taylor
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
ABSTAINED:
COUNCIL MEMBER: Kramer
10, PURCHASE OF FOUR (4) VEHICLES FROM TUTTLE CLICK FORD — SAN
JUAN CAPISTRANO IN THE AMOUNT OF $98,661.68, APPROVED; AND
RESOLUTION NO. 13-04-16-05 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING DESIGNATED FLEET INVENTORY AS SURPLUS"
(370.30)
11. THE FOLLOWING FOURTH AMENDMENT TO PERSONAL SERVICES
AGREEMENTS FOR THE DEL OBISPO STREET WIDENING FROM ALIPAZ
STREET TO PASEO ADELANTO 'PROJECT (CIP 07107), APPROVED: RBF
CONSULTING TO PERFORM SHOP DRAWING REVIEW AND REQUEST FOR
INFORMATION (RFI) SUPPORT OF STRUCTURAL ITEMS EXTENDING THE
TERM OF THE CONTRACT TO DECEMBER 31, 2013; HDR ENGINEERING
TO PERFORM BIOLOGICAL MONITORING, EXTENDING THE TERM OF THE
CONTRACT TO DECEMBER 31, 2013; WILLDAN ENGINEERING TO
PERFORM SHOP DRAWING REVIEW AND REQUEST FOR INFORMATION
4 4/16/2013
SUPPORT OF NON-STRUCTURAL ITEMS, INCREASING THE CONTRACT
AMOUNT BY $9,000.00 FOR A TOTAL NOT TO EXCEED CONTRACT
AMOUNT OF $49,790.00, AND EXTENDING THE TERM OF THE CONTRACT
TO DECEMBER 31, 2013; SMITH -EMERY LABORATORIES TO PERFORM
GEOTECHNICAL TESTING AND INSPECTION, EXTENDING THE TERM OF
THE CONTRACT TO DECEMBER 31, 2013; RBF CONSULTING TO
PERFORM STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
DEVELOPMENT AND CONSTRUCTION GENERAL PERMIT COMPLIANCE,
EXTENDING THE TERM OF THE CONTRACT TO DECEMBER 31, 2013; AND
LSA ASSOCIATES, INC. TO PERFORM ARCHEOLOGICAL AND
PALEONTOLOGICAL RESOURCES MONITORING, EXTENDING THE TERM
OF THE CONTRACT TO DECEMBER 31, 2013 (600.30)
12. RESOLUTION NO. 13-04-16-06 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE
WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION
OF OFF-SITE SEWER IMPROVEMENTS ASSOCIATED WITH TRACT 16634
(RANCHO SAN JUAN DEVELOPMENT, LLC.)" (600.30)
13. CONSIDERATION OF RESOLUTION COMPLYING WITH COURT -ISSUED
WRIT OF MANDATE (MERCADO EL REY) — ITEM REMOVED FROM THE
AGENDA BY STAFF
14. MAYOR AUTHORIZED TO EXECUTE A RESIDENTIAL PURCHASE
AGREEMENT WITH IVAR SOUTHERN REGARDING THE SALE OF THE
HARRISON HOUSE/PARKA ADOBE PROPERTY (PARCEL NO. 666-19-18)
(600.30)
15. AMENDMENT EXTENDING THE LICENSE AGREEMENT UNTIL JUNE 30,
2014, WITH THE JUANENO BAND OF MISSION INDIANS FOR USE OF A
PORTION OF THE LACOUAGUE BUILDING (ROOM 3) FOR AN AMOUNT OF
$992 PER MONTH, APPROVED (600.30)
16. CONSIDERATION OF REDUCING PARK USE FEES (NON -SPORTS EVENTS)
DURING CONSTRUCTION OF THE I-510RTEGA HIGHWAY INTERCHANGE
PROJECT — CITYWIDE, RECEIVED AND FILED (420.201460.70)
Public Comments: Tom Scott, Camino Real Playhouse; and John Gillotti,
Mission Grill,
Council Action: Moved by Council Member Kramer, seconded by
Council Member Byrnes, and carried unanimously to: 1) approve a 50%
reduction of the Special Activities Fees and Park Use Fees (for non -sports
events) Citywide (staff to bring back a resolution at the next meeting); and
2) direct staff to publicize the fee reductions.
5 4/16/2013
17. $48,600.00 IN FISCAL YEAR 2012-2013 EXPENDITURES, RATIFIED;
FORMAL BIDDING REQUIREMENTS PURSUANT TO SECTION 3.4.306(E)(111)
OF THE CITY OF SAN JUAN CAPISTRANO'S MUNICIPAL CODE, WAIVED;
PERSONAL SERVICES AGREEMENT FOR A THREE MONTH PERIOD (APRIL
17, 2013, TO JUNE 30, 2013) WITH HACH CO. TO PROVIDE MAINTENANCE
AND CALIBRATION OF WATER QUALITY ANALYZERS FOR THE
GROUNDWATER RECOVERY PLANT AND THE CITY'S DISTRIBUTION
SYSTEM IN THE AMOUNT OF $16,231.00, APPROVED; AND PERSONAL
SERVICES AGREEMENT FOR A THREE (3) YEAR PERIOD, COMMENCING
ON JULY 1, 2013, WITH HACH CO. TO PROVIDE MAINTENANCE AND
CALIBRATION OF WATER QUALITY ANALYZERS FOR THE
GROUNDWATER RECOVERY PLANT AND THE CITY'S DISTRIBUTION
SYSTEM IN THE AMOUNT OF $48,864.00 FOR THE FIRST YEAR, $49,800.08
FOR THE SECOND YEAR, AND $50,748.45 FOR THE THIRD YEAR,
APPROVED (600.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
18. CONSIDERATION OF A PERSONAL SERVICES AGREEMENT FOR THE
PREPARATION OF PLANS AND SPECIFICATIONS FOR THE SAN JUAN
CREEK RECYCLED WATER PIPELINE (CIP 13603) (MBF CONSULTING, INC.)
(600.30) -.. ITEM REMOVED FROM THE AGENDA BY STAFF
19. CONSIDERATION OF A PERSONAL SERVICES AGREEMENT FOR THE
PREPARATION OF PLANS AND SPECIFICATIONS FOR THE GROUND
WATER RECOVERY PLANT EMERGENCY GENERATOR PROJECT (CIP
13808) (LINKTURE CONSULTING ENGINEERS) (600.30) -- ITEM REMOVED
FROM THE AGENDA BY STAFF
20. INSTALLATION OF WAY -FINDING SIGNS AT VARIOUS LOCATIONS TO
DIRECT TRAFFIC TOWARDS THE DOWNTOWN BUSINESSES DURING THE
I-5101RTEGA HIGHWAY INTERCHANGE RECONSTRUCTION, APPROVED
(410.10)
• Public Comments: Tom Scott, Camino Real Playhouse; and John Gillotti,
Mission Grill.
Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Byrnes, and carried unanimously to approve the installation of
way -finding signs at various locations to direct traffic towards the downtown
businesses during the Ortega Highway Interchange reconstruction.
21. REGULAR MEETING SCHEDULE REVISED BY CANCELING THE
CITY COUNCIL MEETING OF MAY 21, 2013 (610.10)
6 4/16/2013
PUBLIC HEARINGS:
URGENCY ORDINANCE 1002 ADOPTED APPROVING FLEXIBLE
TEMPORARY SIGN STANDARDS TO ASSIST BUSINESSES DURING
CONSTRUCTION OF THE 1-510RTEGA HIGHWAY INTERCHANGE
PROJECT;" AND STAFF DIRECTED TO BRING BACK THE URGENCY
ORDINANCE PRIOR TO EXPIRATION WITHIN 45 DAY ON MAY 31, 2013 (A
CITY COUNCIL MEETING WILL BE SCHEDULED BEFORE THE EXPIRATION
IN MAY) TO CONSIDER AN EXTENSION OF TIME AND REVIEW THE
EFFECTIVENESS AND IMPACT OF THE URGENCY ORDINANCE (410.40)
Hans Van Ligten, City Attorney, provided a staff report and responded to
questions.
Public Testimony: Steve DeNault, DeNaults True Value Hardware; John
Gillotti, Mission Grill; and Mark Bodenhamer, Chamber of Commerce.
Maria Morris, City Clerk read the title of the ordinance.
Council Action: Moved by Council Member Kramer, seconded by
Council Member Reeve, and carried unanimously to adopt URGENCY
ORDINANCE 1002 entitled "AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING FLEXIBLE TEMPORARY SIGN STANDARDS TO ASSIST
BUSINESSES DURING CONSTRUCTION OF THE 1-5/ORTEGA HIGHWAY
INTERCHANGE PROJECT;" with the following correction to Section 1.
Flexible Temporary Sign Regulation. A. Area Subject to Ordinance.
Notwithstanding any other provision of the Municipal Code, this Urgency
Ordinance shall apply Citywide a my within the bo indaFien indicated on the
attar.hedF_=4ihi+�T perary Flexible Sign o Fea;" and staff directed to bring
back the Urgency Ordinance prior to expiration within 45 day on May 31, 2013
(a City Council meeting will be scheduled before the expiration in May) to
consider an extension of time and review the effectiveness and impact of the
urgency ordinance.
2. CONSIDERATION OF APPEAL OF GRADING PLAN MODIFICATION
(GPM) 10-008; A REQUEST FOR APPROVAL OF A GRADING PLAN FOR A
PROPOSED SINGLE-FAMILY RESIDENCE, TWO STORIES AND 25 FEET IN
HEIGHT TOTALING 6,612 GROSS SQUARE FEET IN AREA SITUATED ON A
VACANT 0.6 ACRE HILLSIDE PARCEL IN THE PLANNED COMMUNITY ZONE
DISTRICT SUBJECT TO COMPREHENSIVE DEVELOPMENT PLAN
(CDP) 81-01, SECTOR HE (HILLSIDE ESTATE RESIDENTIAL) LOCATED ON
THE WEST SIDE OF AVENIDA CALIFORNIA AND EAST OF INTERSTATE 1-5
(ASSESSOR PARCEL NUMBER 75-081-11) (DARMAL) — PUBLIC HEARING
CONTINUED TO MAY 7, 2013
• Public Correspondence: Robert M. DeNichilo, Attorneys at Law - DeNichilo
& Lindsley, LLP.
7 4/16/2013
Mayor Taylor opened the public hearing and invited testimony.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Byrnes, and carried unanimously to continue the
Public Hearing to May 7, 2013.
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
ADMINISTRATIVE ITEMS:
G1. DEVELOPMENT SERVICES
a. DISCUSSION OF THE NORTHWEST OPEN SPACE CONCEPTUAL PARK
PLAN (PHASE 1) (CIP 9209) (530.40)
David Contreras, Senior Planner, provided an Agenda Report and responded to
questions. Keith Van Der Maaten, Utilities Director, responded to questions.
ORDINANCES: None.
COUNCILMANIC ITEMS:
1. DISCUSSED THE PLANNING COMMISSION INTERVIEW PROCESS AND
CONSIDERED IMPLEMENTING OTHER POTENTIAL ALTERNATIVES (110.20)
Council Member Byrnes announced that he would like to agendize in an upcoming
agenda the need to revise and update the City's zoning ordinance.
ADJOURNMENT:
There being no further business Mayor Taylor adjourned the meeting
at 9:01` .m., Tuesday, April 23, 2013, at 2:00 p.m. for an Adjourned Regular meeting;
i
and t;n to May, 7, 2013, at 5:00 p.m. for Closed Session, and
6:00 p.rn fo a public Business Session, in the City Council Chamber.
Respei6ftplip submitted,
IS, CITY CORK
Approved: May 7, 201
n
4/16/2013