MINUTES OCTOBER 1, 2013 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Listed at the end of the Minutes. 10/15/2013 03 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 tern 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 pro tern 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: 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 Friess and Steve Behmerwohld, Parks, Recreation and Senior Services Commission; Aurial Barretto, Kayla Jahangirl, Julia Delamare, Erica Delamare, Megan Friess, Youth Advisory Board; and former Council Member Laura Freese. 1
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 (61 0.40) 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 Delamare, Youth Advisory Board and Richard Hill-Adams, City resident. CONSENT CALENDAR: Council Action: Moved by Mayor pro Tern 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 tern 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 (I) 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 (II) 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 2 10-1-2013
CONCURRENTLY WITH THE DEVELOPER'S ACQUISITION OF FEE TITLE TO THE PROPERTY: (I) RECORD THE NEW SUBDIVISION IMPROVEMENT AGREEMENT WITH THE DEVELOPER; (II) RECORD THE TERMINATION; (Ill) 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 ENGINEERfTRAFFIC 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) COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor COUNCIL MEMBER: Byrnes and Reeve 3 10-1-2013
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 13601) 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 tern Allevato abstained due to proximity of project to his Homeowner's Association. ABSTAINED: COUNCIL MEMBER: Mayor pro tern 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 (530.1 0) 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 VanDer 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) 4 10-1-2013
Keith Van Der Maaten, Public Works and Utilities Director, responded to questions.., Council Action: Moved by Mayor pro tern 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. COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor COUNCIL MEMBER: Byrnes and Reeve 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 4/STH 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 tern 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 tern 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. RECUSED: COUNCIL MEMBER: Mayor pro tern Allevato 5 10-1-2013
Council Action to Reconsider Item: Moved by Council Member Reeve, seconded by Council Member Byrnes, and carried 4-0 with Mayor pro tern Allevato recused to reconsider the Second Amendment to the Purchase and Sale Agreement relating to Lot 217. 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 tern 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 language under Section 2 of the Amendment that the cost of the valves (to be paid bv the CitvJ. are not to exceed $75,000. RECUSED: COUNCIL MEMBER: Mayor pro tern 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 (61 0.85): 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. 6 10-1-2013
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 ATTEST: JOHN TAYLOR, MAYOR 7 10-1-2013