MINUTES SEPTEMBER 3, 2013 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING 9117/2013 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 6:12 p.m. in the City Council Chamber. Mayor pro tem Allevato led the Pledge of Allegiance and Council Member Kramer gave the invocation. COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., Larry Kramer, Derek Reeve, Mayor protem Sam Allevato and Mayor John Taylor COUNCIL MEMBERS 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: Ribbon Cutting- Masonic Lodge at the Women's Club. Ecology Center- Farm Film Series. Rancho Mission Viejo Rodeo at the San Juan Capistrano Riding Park. West Coast Film Festival. San Juan Capistrano Mission - Music Under the Stars. South Orange County Wastewater Authority 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 and Steve Behmerwohld, Parks, Recreation and Senior Services Commission; and former Mayor and Council Member David Swerdlin. 2. YOSSYMAR ROJAS RECOGNIZED AS THE BOYS AND GIRLS CLUB PACIFIC REGION YOUTH OF THE YEAR (610.40) 3. SALVADOR CONTRERAS RECOGNIZED FOR HIS CONTRIBUTIONS TO THE LOS RIOS DISTRICT (610.40) 1
4. ORANGE COUNTY FIRE AUTHORITY PRESENTATION REGARDING DROWNING PREVENTION, PRESENTED (610.40) 5. UPDATE AND DISCUSSION REGARDING THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) SOUTH ORANGE COUNTY VISIONING PROCESS (610.40) Public Comments: Jim Reardon, City resident; and David Swerdlin, City resident. ORAL COMMUNICATIONS: Michael Chambers, Boys and Girls Clubs of Capistrano Valley; Jim Reardon, City resident; David Swerdlin, City resident; and Clint Worthington, City resident. CONSENT CALENDAR: Council Action: Moved by Council Member Reeve, seconded by Council Member Kramer, and carried unanimously to approve consent calendar items 1 through 9, 11 and 12 as recommended by staff; with Council Member Reeve opposed to consent calendar 11 and 12; and Council Member Byrnes opposed to consent calendar 12. 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2. CITY COUNCIL MINUTES - REGULAR MEETING OF AUGUST 20, 2013, APPROVED. 3. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS DATED AUGUST 9, 2013, TO AUGUST 22, 2013; PAYROLL (DIRECT DEPOSITS) DATED AUGUST 16, 2013; AND PAYROLL (CHECK) DATED AUGUST 20, 2013, RECEIVED AND FILED (300.30) 4. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED JULY 31, 2013, RECEIVED AND FILED (350.30) 5. FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH MOORE IACOFANO GOL TSMAN, INC., TO INCLUDE PLANNING SERVICES IN THE SCOPE OF WORK, APPROVED (600.30) 6. FIFTH AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH MANAGEMENT PARTNERS TO PERFORM PROFESSIONAL PUBLIC WORKS CONSULTING SERVICES, APPROVED (600.30) 7. PERSONAL SERVICES AGREEMENT WITH OKS ASSOCIATES FOR THE VERDUGO STREET CIRCULATION STUDY IN THE AMOUNT NOT TO EXCEED $26,580, APPROVED (600.30) 2 9-3-2013
8. CONTRACT FOR THE CITY PAVEMENT REHABILITATION IMPROVEMENT PROJECTS, AWARDED TO THE LOWEST RESPONSIBLE BIDDER R.J. NOBLE COMPANY, IN THE AMOUNT OF $1,074,842.45 INCLUDING A 10% CONTINGENCY FOR A TOTAL CONTRACT AMOUNT OF $1,182,326.70 AND ALL OTHER BIDS REJECTED; AND RESOLUTION NO. 13-09-03-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE FISCAL YEAR 2013-2014 CAPITAL IMPROVEMENT PROGRAM BUDGET FOR CAPITAL IMPROVEMENT PROJECTS CIP 13105 AND CIP 14105 - FISCAL YEARS 2012-2013 AND 2013-2014 CITY PAVEMENT REHABILITATION PROJECTS" (600.30) 9. AMENDMENT NO. 2 AND 3 TO MASTER FUNDING AGREEMENT NUMBER C-1-2782 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY, APPROVED; AND CITY CLERK AUTHORIZED TO UPDATE THE RECORDS RETENTION SCHEDULE AS NEEDED TO COMPLY WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY AUDIT REQUEST (600.50) 10. FORMAL BIDDING REQUIREMENTS PURSUANT TO SECTION 3.4.306(E)(iii) OF THE CITY OF SAN JUAN CAPISTRANO'S MUNICIPAL CODE; AND PERSONAL SERVICES AGREEMENT WITH SOUTH COAST SYSTEMS, INC. FOR THE EXPANSION OF THE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEMS FOR THE GROUND WATER RECOVERY PLANT (GWRP) IN THE AMOUNT OF $35,624, APPROVED (600.30) Keith Van Der Maaten, Public Works and Utilities Director, responded to questions. Council Action: Moved by Council Member Kramer, seconded by Mayor pro tern Allevato, and carried 3-2 with Council Member Byrnes and Council Member Reeve opposed to waive bidding requirements pursuant to Section 3.4.306(e)(iii) of the City of San Juan Capistrano's Municipal Code; and approve a Personal Services Agreement with South Coast Systems, Inc. for the expansion of the Supervisory Control and Data Acquisition (SCADA) Systems for the Ground Water Recovery Plant (GWRP) in the amount of $35,624. COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor COUNCIL MEMBER: Byrnes and Reeve 11. RESOLUTION NO. 13-09-03-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE SOUTH ORANGE COUNTY INTEGRATED REGIONAL WATERSHED MANAGEMENT PLAN" (1050.30) COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor COUNCIL MEMBER: Reeve 3 9-3-2013
12. BIDDING REQUIREMENTS DEFINED IN COUNCIL POLICY 126, WAIVED; AND FIRST AMENDMENT TO ADD CONSTRUCTION ENGINEERING SUPPORT TO THE PERSONAL SERVICES AGREEMENT FOR THE REVISION OF PLANS AND SPECIFICATIONS FOR THE PHASE II GROUND WATER RECOVERY PLANT EXPANSION, APPROVED (CIP 13807) (AKM ENGINEERS) (600.30) COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor COUNCIL MEMBER: Byrnes and Reeve 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: 1. ADOPTION OF ORDINANCE NO. 1004 - AMENDING ARTICLE 7 - DUTIES OF THE PLANNING COMMISSION; AND REMOVING ARTICLES 8, 11 AND 13 - TRANSPORTATION COMMITTEE, DESIGN REVIEW COMMITTEE AND INVESTMENT ADVISORY COMMITTEE, OF CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE (110.10) Maria Morris, City Clerk, provided a staff report and read the title of the ordinance. Council Action: Moved by Council Member Reeve, seconded by Mayor protem Allevato, and carried unanimously to approve the second reading and adoption of Ordinance No. 1004 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 7- DUTIES OF THE PLANNING COMMISSION; AND REMOVING ARTICLES 8, 11 AND 13 - TRANSPORTATION COMMITTEE, DESIGN REVIEW COMMITTEE AND INVESTMENT ADVISORY COMMITTEE, OF CHAPTER 2, TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE." COUNCILMANIC ITEMS: None. 4 9-3-2013
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. b. Pursuant to Government Code Section 54956.9 (a), the City Council did not confer with Legal Counsel to discuss anticipated litigation (One (1) item): dispute regarding prov1s1ons of Conditional Use Permit (CUP) for San Juan Hills Golf Course. c. Pursuant to Government Code Section 54956.9(a), the City Council did not confer 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. ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Council Member Reeve announced that he recused himself from Closed Session Item A, due to a former business partnership with the President of the Capistrano Tax Payers Association, which determination from the Fair Political Practices Commission (FPPC) is pending due to the completion of the business partnership. Hans Van Ligten, City Attorney, announced that the City Council did not confer with Legal Counsel regarding Closed Session Items B and C; and reported that the City Council authorized Legal Counsel to file an appeal, if necessary, in regard to Closed Session Item A (Capistrano Tax Payers Association vs. City of San Juan Capistrano). ADJOURNMENT: There being no further business Mayor Taylor adjourned the meeting to Tuesday, September 17, 2013, at 5:00p.m. for Closed Session, and 6:00p.m. for a public Business Session, in the City Council Chamber. Respectfully submitted, MARIA MORRIS, CITY CLERK Approved: September 17, 2013 ATTEST: JOHN TAYLOR, MAYOR 5 9-3-2013