13-1001_CC_Minutes_Regular Meeting MINUTES
OCTOBER 1, 2013
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: Listed at the end of the Minutes.
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.
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.
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:
• League of Cities Conference in Sacramento.
• Creek Clean Up Event.
• Greek Festival.
• South Orange County Water Agencies Meeting.
• Nuclear Regulatory Commission Meeting Regarding San Onofre Decommissioning
Plan.
• The Shea Center Barbeque.
• Meeting with Accretive Realty — Lot 217.
• Orange County Transportation Authority— Long Range Planning Transportation Plan
Meeting.
• Orange County Fire Authority Meeting.
• 2C Ranch Dedication Ceremony Planning Meeting.
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; Ronald Denman, Jenny 1=riess
and Steve Behmerwohld, Parks, Recreation and Senior Services Commission;
Aurial Barretto, Kayla Jahangiri, Julia Delamare, Erica Delamare, Megan Friess,
Youth Advisory Board; and former Council Member Laura Freese.
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2. TODD TALBOT AND JOHN WOHLFIEL, FLUIDMASTER RECOGNIZED AS
THE 2013 BUSINESS LEADER OF THE YEAR; LAURA FREESE
RECOGNIZED AS THE 2013 COMMUNITY SERVICE LEADER OF THE YEAR;
AND TOM RESSLER RECOGNIZED AS 2013 EDUCATOR OF THE YEAR
(610.40)
3. OCTOBER 6TH THROUGH OCTOBER 12TH, 2013, PROCLAIMED AS FIRE
PREVENTION WEEK (610.40)
4. LONG TERM EMPLOYEE JOE MANKAWICH RECOGNIZED FOR 15 YEARS
OF SERVICE (730.30)
ORAL COMMUNICATIONS/CLOSED SESSION COMMENTS:
• Kim McCarthy, City resident; Jeff Peo, City resident; Erica Delaware,
Youth Advisory Board and Richard Hill-Adams, City resident.
CONSENT CALENDAR:
Council Action: Moved by Mayor pro Tem Allevato, seconded by Council Member
Reeve, and carried unanimously to approve consent calendar items 1 through 11, as
recommended by staff; with Council Member Byrnes and Council Member Reeve
opposed to consent calendar 9; and Mayor pro tem Allevato abstained from consent
calendar 10.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES -- REGULAR MEETING OF SEPTEMBER 17, 2013,
APPROVED.
3. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED SEPTEMBER 6, 2013, TO SEPTEMBER 19, 2013; PAYROLL (DIRECT
DEPOSITS) DATED SEPTEMBER 13, 2013; AND PAYROLL (CHECK) DATED
SEPTEMBER 13, 2013, TO SEPTEMBER 19, 2013, RECEIVED AND FILED
(300.30)
4. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED AUGUST 31,
2013, RECEIVED AND FILED (350.30)
5. MAYOR AND CITY CLERK AUTHORIZED TO EXECUTE AND DEPOSIT INTO
ESCROW THE SUBDIVISION IMPROVEMENT AGREEMENT WITH VIA FLOR,
LLC ("DEVELOPER"), AND ACCEPT THE CORRESPONDING SECURITY
INSTRUMENTS; AUTHORIZED TO EXECUTE AND DEPOSIT INTO ESCROW
(1) A TERMINATION DOCUMENT ("TERMINATION") IN A RECORDABLE
FORM ACCEPTABLE TO THE CITY ATTORNEY, TERMINATING THE
EXISTING SUBDIVISION IMPROVEMENT AGREEMENT WITH FIRST
AMERICAN TITLE COMPANY, INCLUDING ALL EXTENSIONS, AND (11) A
DOCUMENT EXONERATING THE CORRESPONDING FIRST AMERICAN
BONDS; AND, PROVIDING ALL APPLICABLE DOCUMENTS AND SECURITY
INSTRUMENTS HAVE BEEN DEPOSITED INTO ESCROW, INSTRUCT THE
ESCROW OFFICER FOR THE ESCROW TO DO THE FOLLOWING
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CONCURRENTLY WITH THE DEVELOPER'S ACQUISITION OF FEE TITLE
TO THE PROPERTY: (1) RECORD THE NEW SUBDIVISION IMPROVEMENT
AGREEMENT WITH THE DEVELOPER; (11) RECORD THE TERMINATION; (III)
RELEASE TO THE BONDING COMPANY OF THE FIRST AMERICAN BONDS
THE DOCUMENT EXONERATING THE FIRST AMERICAN BONDS; AND (IV)
RELEASE THE DEVELOPER REPLACEMENT SECURITY INSTRUMENTS TO
THE CITY.
6. RELEASE AND WAIVER OF LIABILITY AND PAYMENT OF $55,000 FOR THE
COST OF IMPROVEMENTS REMOVED BY THE CONSTRUCTION OF THE
SUN RANCH DRAINAGE IMPROVEMENT PROJECT (CIP11503), ON THE
CLAYTON PROPERTY, LOCATED AT 32151 VIA ALICIA, APPROVED; AND
RELEASE AND WAIVER OF LIABILITY AND PAYMENT OF $9,554.60 FOR
THE COST OF IMPROVEMENTS REMOVED BY THE CONSTRUCTION OF
THE SUN RANCH DRAINAGE IMPROVEMENT PROJECT (CIP11503), ON
THE GARTNER PROPERTY, LOCATED AT 32141 VIA ALICIA, APPROVED
(600.30)
7. PERSONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING
GROUP, TO PERFORM PROFESSIONAL ENGINEERING SERVICES AS CITY
ENGINEER/TRAFFIC ENGINEER, IN THE AMOUNT NOT TO EXCEED
$181,400 UNTIL JUNE 30, 2014, WITH AN OPTION TO EXTEND THE
CONTRACT AT THE SAME HOURLY RATES FOR AN ADDITIONAL 12
MONTHS TO JUNE 30, 2015, APPROVED (600.30)
8. $15,336.25 OF EXPENDITURES WITH TEST AMERICA LABORATORIES FOR
WATER QUALITY SAMPLE COLLECTION AND SAMPLE TESTING, RATIFIED;
AND $33,487 OF ADDITIONAL EXPENDITURES WITH TEST AMERICA
LABORATORIES FOR WORK PREVIOUSLY COMPLETED AND YET TO BE
PAID FOR WATER QUALITY SAMPLE COLLECTION AND SAMPLE TESTING,
APPROVED (600.30)
9. CONTINGENT ON STATE WATER RESOURCES CONTROL BOARD (STATE)
APPROVAL: 1) TRANSFER OF $20,000 OF PROPOSITION 50 FUNDS
BUDGETED FOR THE SAN JUAN CREEK ROAD 12" RECYCLED WATER
PIPELINE PROJECT (CIP 13603 TO THE GROUND WATER RECOVERY
(PLANT (GWRP) EXPANSION PROJECT (CIP 13807), APPROVED; AND 2)
PERSONAL SERVICES AGREEMENT WITH ONESOURCE DISTRIBUTORS
FOR THE PURCHASE OF SUPERVISORY CONTROL AND DATA
ACQUISITION (SCADA) EQUIPMENT FOR THE GROUNDWATER
RECOVERY PLANT (GWRP) IN THE AMOUNT OF $48,140.95, APPROVED
(600.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
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10. CONTINGENT ON THE STATE WATER RESOURCES CONTROL BOARD
(STATE) APPROVAL: 1) TRANSFER OF $100,000 OF PROPOSITION 50
FUNDS BUDGETED FOR THE SAN JUAN CREEK ROAD 12" RECYCLED
WATER PIPELINE PROJECT (CIP 13603) TO THE CITYWIDE RECYCLED
WATER CONVERSION PROJECT (CIP 13601), APPROVED; 2)
CONSTRUCTION CONTRACT WITH STL LANDSCAPE, INC. FOR BID
PACKAGE 3 OF THE CITYWIDE RECYCLED WATER CONVERSION
PROJECT (CIP 136011) IN THE AMOUNT OF $188,000, APPROVED; AND, 3)
CONSTRUCTION CONTRACT WITH JET CONSTRUCTION, INC. FOR BID
PACKAGE 4 METER SERVICE INSTALLATION COMPONENT OF THE
CITYWIDE RECYCLED WATER PROJECT IN THE AMOUNT OF $108,450,
APPROVED (600.30)
Mayor pro tem Allevato abstained due to proximity of project to his Homeowner's
Association.
ROLL CALL.-
AYES.
ALL:AYES. COUNCIL MEMBER: Byrnes, Reeve, Kramer and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED. COUNCIL MEMBER: Mayor pro tem Allevato
11. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
SHARED COST BUDGET FOR FISCAL YEAR 2013-2014, APPROVED; AND
CITY'S SHARE OF $90,669.87, APPROVED (530.10)
12. PERSONAL SERVICES AGREEMENT WITH RAFTELIS FINANCIAL
CONSULTANT, INC. FOR A WATER AND SEWER RATE STUDY IN THE
AMOUNT NOT TO EXCEED $100,000, APPROVED (600.30)
Keith Van Der Maaten, Public Works and Utilities Director, provided a staff report
and responded to questions.
Council Action: Moved by Mayor pro tern Allevato, seconded by Council
Member Kramer, and carried unanimously to approve a Personal Services
Agreement with Raftelis Financial Consultant, Inc. for a Water and Sewer Rate
Study in the amount not to exceed $100,000.
13. CONTINGENT ON THE STATE WATER RESOURCES CONTROL BOARD
(STATE) APPROVAL: 1) TRANSFER OF $100,000 OF PROPOSITION 50
FUNDS BUDGETED FOR THE SAN JUAN CREEK ROAD 12" RECYCLED
WATER PIPELINE PROJECT (CIP 13603) TO THE EMERGENCY
GENERATOR PROJECT (CIP 13808), APPROVED; 2) TRANSFER OF
$100,000 OF PROPOSITION 50 FUNDS BUDGETED FOR THE HOLLYWOOD
2A WELL REHABILITATION PROJECT (CIP 13805) TO THE EMERGENCY
GENERATOR PROJECT (CIP 13808), APPROVED; AND, 3) CONSTRUCTION
CONTRACT WITH PACIFIC WINDS BUILDING, INC. FOR THE EMERGENCY
GENERATOR PROJECT IN THE AMOUNT OF $458,918, APPROVED (600.30)
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Keith Van Der Maaten, Public Works and Utilities Director, responded to
questions.
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 approve contingent on the State Water Resources
Control Board (State): 1) transferring $100,000 of Proposition 50 funds budgeted
for the San Juan Creek Road 12" Recycled Water Pipeline Project (CIP 13603)
to the Emergency Generator Project (CIP 13808); 2) transferring $100,000 of
Proposition 50 funds budgeted for the Hollywood 2A Well Rehabilitation Project
(CIP 13805) to the Emergency Generator Project (CIP 13808); and,
3) approve a Construction Contract with Pacific Winds Building, Inc. for the
Emergency Generator Project in the amount of$458,918.
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
14. INFORMATION REGARDING AN UPCOMING WINTER WONDERLAND
EVENT AT THE HISTORIC TOWN CENTER PARK ON SATURDAY,
DECEMBER 14, 2013, RECEIVED AND FILED (150.60)
15. ITEM ADDED TO THE AGENDA BY 415T" VOTE: CONSIDERATION OF
SECOND AMENDMENT TO THE PURCHASE AND SALE AGREEMENT
RELATING TO LOT 217 (PARCEL NO. 650-592-02) (ACCRETIVE REALTY
INVESTMENTS, LLC) (600.30)
Council Action to Add Item: Moved by Council Member Byrnes, seconded by
Council Member Kramer, and carried unanimously to add as Consent Calendar
Item 15 "Consideration of Second Amendment to the Purchase and Sale
Agreement with Accretive Realty Investments, LLC, relating to lot 217."
Mayor pro tem Allevato recused himself and stepped out of the Council Chamber
due to proximity of project to his Homeowner's Association.
Hans Van Ligten, City Attorney, provided a staff report and responded to
questions.
Council Action: Moved by Council Member Byrnes, seconded by Council
Member Kramer, and carried 4-0 with Mayor pro tem Allevato recused to approve
the Second Amendment to the Purchase and Sale Agreement with Accretive
Realty Investments, LLC, to clarify Accretive Realty's post-closing obligations
relating to Lot 217 (Parcel No. 650-592-02); and authorize the Mayor to execute
the Amendment.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Reeve, Kramer and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Mayor pro tem Allevato
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Council Action to Reconsider Item: Moved by Council Member Reeve,
seconded by Council Member Byrnes, and carried 4-0 with Mayor pro tem
Allevato recused to reconsider the Second Amendment to the Purchase and Sale
Agreement relating to Lot 217.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Reeve, Kramer and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Mayor pro tem Allevato
Council Action: Moved by Council Member Reeve, seconded by Council
Member Kramer, and carried 4-0 with Mayor pro tem Allevato recused to approve
the Second Amendment to the Purchase and Sale Agreement with Accretive
Realty Investments, LLC, to clarify Accretive Realty's post-closing obligations
relating to Lot 217 (Parcel No. 650-592-02); authorize the Mayor to execute the
Amendment; and add lanquage under Section 2 of the Amendment that the cost
of the valves (to be paid by the City), are not to exceed$75,000.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Reeve, Kramer and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Mayor pro tem Allevato
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: None.
ORDINANCES: None.
COUNCILMANIC ITEMS:
Council Member Byrnes asked to agendize at a future meeting an item on how to
memorialize actions taken during Closed Session meetings.
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), 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.
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b. Pursuant to Government Code Section 54956.9 (a), the City Council conferred
with Legal Counsel to discuss anticipated litigation (One (1) item):
dispute regarding provisions of Conditional Use Permit (CUP) for
San Juan Hills Golf Course.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None.
ADJOURNMENT:
There being no further business Mayor Taylor adjourned the meeting
to Tuesday, October 15, 2013, at 5:00 p.m. for Closed Session, and 6:00 p.m. for a
public Business Session, in the City Council Chamber.
Respectfully submitted,
MARIA MORRIS, CITY CLERK
Approved: October 15, 2013
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