11-0405_CC_Minutes_Regular MeetingMINUTES
April 5, 2011
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Allevato called the Regular Meeting of the City Council to order at
5:02 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, . Derek Reeve, John Taylor,
Mayor pro tem Larry Kramer, and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: None
PUBLIC COMMENT:
® Lennie DeCaro, City resident, submitted an e-mail on April 5, 2011, expressing her
concerns with the negative impacts of the proposed Ortega Highway Widening
project.
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(c), the City Council conferred with
legal counsel pertaining to two potential items for initiation of litigation..
b. Pursuant to Government Code Section 54956.9(a), the City Council conferred with
legal counsel pertaining to existing litigation in the matter of City of San Juan
Capistrano v. State of California Dept. of Transportation (Caltrans).
c. Pursuant to Government Code Section 54956.9(a), the City Council conferred with
legal counsel pertaining to existing litigation in the matter of Marbella Development
Company vs. City of San Juan Capistrano.
d. Pursuant to Government Code section 54957.6, the City Council conferred with its
labor negotiator (City Manager) as to the memoranda of understanding with
represented employees, including salaries and fringe benefits. The affected
bargaining units are San Juan Capistrano Classified Employees Association and
San Juan Capistrano Management and Professional Employees Association.
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:16 p.m. in the ,City Council Chamber.
Mayor pro tem Kramer led the Pledge of Allegiance and Council Member Freese gave
the invocation. Kelly Nelson, Capistrano Valley Christian High School performed
"Star Spangled Banner".
0
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor,
Mayor pro tem Larry Kramer, and Mayor Sam Allevato
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.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Omar Sandoval, City Attorney,
reported that under initiation of litigation, the Council discussed the issue of unfunded
mandates associated with the latest Stormwater permit issued by the Regional Board
and authorized the City Attorney to enter into agreements with attorneys representing
the County of Orange and other cities within Orange County that file similar Unfunded
Mandate Test Claims related to the Orange County Stormwater Permits so as to
facilitate cooperation in pursuing the Unfunded Mandate Claim and to preserve the
privilege and confidentiality of any communications related to this matter, to the extent
permitted by law.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
■ South Orange County Wastewater Authority (SOCWA) meeting.
■ Swallow's Day Parade
■ Announcement of upcoming 50th Year Anniversary Celebration.
■ Chamber of Commerce Mayor's Walk
■ South Orange County Assoc. of Mayors Breakfast meeting.
■ Interviews for City manager Candidates.
■ Bell Ringing Ceremony at Mission San Juan Capistrano.
■ El Presidente Ball.
■ "Class Act" by students at Ambuehl School and Pacific Symphony.
■ Staff meeting on Railroad Crossing at Rancho Capistrano.
■ Orange County Fire Authority (OCFA) meeting.
■ 160th Anniversary Event for San Juan Elementary School.
■ Auditing/Finance Ad -Hoc Committee meeting.
■ Orange County Transportation Authority (OCTA) meeting.
■ Mayor's Brown Bag Lunch.
INTRODUCTIONS AND PRESENTATIONS
PROCLAMATION CELEBRATING THE CITY OF SAN JUAN CAPISTRANO'S
50Th YEAR ANNIVERSARY (610.40)
Mayor Allevato presented Jan Siegel with a proclamation celebrating the City's
50th Year Anniversary.
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2. SERGEANT JOSEPH COPE RECOGNIZED FOR RECENT PROMOTION TO
THE RANK OF SERGEANT (610.40)
Mayor Allevato recognized Sergeant Joseph Cope for his recent promotion to the
rank of Sergeant, and presented him with a special plaque with gratitude of the
City Council.
3. DEPUTY KIRK WALDEN RECOGNIZED ON HIS RECENT RETIREMENT AND
FOR HIS 21 YEARS OF DEDICATED SERVICES (610.40)
Mayor Allevato recognized Deputy Kirk Walden on his recent retirement and for
his 21 years of service to the City of San Juan Capistrano, and presented him
with a special plaque with gratitude of the City Council.
4. VIVIAN SUBIAS, RECREATION LEADER, RECOGNIZED FOR TEN YEARS OF
SERVICE (730.20)
Mayor Allevato recognized Vivian Subias, Recreation Leader, for 10 years of
service, and presented her with a certificate of recognition.
5. MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Alberto Barrera, Youth Advisory Board; Steve Behmerwohld
and Ron Denman, Parks, Recreation and Senior Services Commission;
-Gerald Muir, Parks, Recreation & Senior Services Commission and Youth
Advisory Board; Jan Siegel, Cultural Heritage Commission; Mary Ann West,
San Juan Seniors; and welcomed students from Capistrano Christian School,
and Interim City Manager Dave Adams.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
■ Joan Irvine Smith, City resident, submitted a letter and spoke regarding law
enforcement, traffic management, and the Ortega Highway Widening project..
■ Teri Garza, Regional Library Manager, announced upcoming events.
■ Larry Thomas, Independent Bank, announced their recent relocation, and thanked
City staff for a smooth process.
w Ian Smith, City resident, submitted an e-mail on April 4, 2011, expressing concern
with a recent Mayor's "Brown Bag" lunch presentation.
CONSENT CALENDAR:
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried unanimously to approve consent calendar items 1,
through 6, 8, 9, 12 and 14 as recommended by staff, with
Council Member Reeve opposed to approve consent calendar 7, and Mayor pro tem
Kramer abstaining from consent calendar 10 and 11.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — REGULAR MEETING OF
MARCH 15, 2011, APPROVED.
3 4/5/2011
3. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
MARCH 18, 2011, APPROVED.
4. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
MARCH 21, 2011, APPROVED.
5. CITY COUNCIL MINUTES — SPECIAL MEETING OF MARCH 22, 2011,
APPROVED.
6. CITY COUNCIL MINUTES — SPECIAL MEETING OF MARCH 25, 2011,
APPROVED.
7. ACCOUNTS PAYABLE WARRANTS DATED MARCH 10, 2011, IN THE TOTAL
AMOUNT OF $2,254,007.90; AND PAYROLL WARRANTS DATED MARCH 4,
2011, IN THE TOTAL AMOUNT OF $190,049.01, RECEIVED AND FILED
(300.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER Reeve
ABSENT: COUNCIL MEMBER: None
8. REPORT OF INVESTMENTS — FEBRUARY 2011, RECEIVED AND FILED
(350.30)
9. CLAIM OF MOHAMMAD ERSHADI DENIED BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.70)
10. CLAIM OF GREG AND JULIE JOHNSON DENIED BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.70)
Mayor pro tem Kramer, abstained due to the proximity to his residence.
11. CLAIM OF DONNA MCDONALD DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
Mayor pro tem Kramer, abstained due to the proximity to his residence.
12. FUNCTIONAL UPGRADE AGREEMENT WITH INVENSYS SYSTEMS, INC.
FOR THE PURCHASE OF THE WONDERWARE HISTORIAN STANDARD,
25,000 TAG V 10.0 , APPROVED (600.30)
13. PLANS AND SPECIFICATIONS FOR THE GROUND WATER RECOVERY
PLAT UPGRADES, APPROVED; AND STAFF DIRECTED TO ADVERTISE
FOR COMPETITIVE BIDS (AKM CONSULTING ENGINEERS) (600.30)
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West Curry, Assistant Utilities Director, responded to questions.
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Kramer, and carried 4-1 with Council Member Reeve opposed to
approve plans and specifications for the Ground Water Recovery Plant upgrades;
and staff directed to advertise for competitive bids.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
14. NEW DEVELOPMENT APPLICATIONS STATUS REPORT FROM FEBRUARY
16, 20'1'1 THROUGH MARCH 15, 2011, RECEIVED AND FILED (440.10)
15. STATUS UPDATE OF THE CITY MANAGER RECRUITMENT, RECEIVED AND
FILE (740.40)
16. THIRD AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH
SYNOPTEK, INC. FOR THE THREE (3) MONTH PROVISION OF IT PROGRAM
MANAGEMENT CONTINUITY SUPPORT SERVICES IN AN AMOUNT NOT TO
EXCEED $43,600, APPROVED; AND CITY MANGER AUTHORIZED TO
EXECUTE THE AMENDMENT (600.30)
Steve Montano, Assistant Director of Finance Services, responded to questions.
Council Comments:
Expressed preference in hiring a local consultant rather than adding the
duties of the vacant Technology Services Manager to the Synoptek's
contract, felt that it would create a conflict of interest having Synoptek
managing themselves; and felt that it was important to open a fair
Request for Proposals (RFP) as soon as possible in order not to have to
extend Synoptek's contract pass June 30, 2011.
Preference to add the duties of the Technology Services Manager to the
Synoptek's agreement, as there will not be sufficient time to conduct the
process of an RFP to Dire a local consultant.
Council Member Freese made a motion to hire a local consultant at an hourly
rate to manage Synoptek, Inc., up June 30, 2011, but the motion failed for a lack
of a second.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Taylor, and carried 4-1 with Council Member Freese opposed to
approve a Third Amendment to Personal Services Agreement with
Synoptek, Inc. for a three (3) month provision of Information Technology (IT)
program management support services in an amount not to exceed $43,600; and
City Manager authorized to execute the amendment.
5 4!512011
ROLL CALL:
AYES: COUNCIL MEMBER
NOES: COUNCIL MEMBER
ABSENT: COUNCIL MEMBER
PUBLIC HEARINGS: None
Reeve, Taylor, Kramer and Mayor Allevato
Freese
None
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. CITY ATTORNEY
a. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING
SECTION 3--1.204 OF CHAPTER 1 OF TITLE 3 OF THE MUNICIPAL CODE
PERTAINING TO BUSINESS LICENSE TAXES FOR LESSORS OF
PROPERTY WITHIN THE CITY (390.60)
Omar Sandoval, City Attorney, provided a staff report and responded to
questions. Grant Taylor, Development Services Director and Cindy Russell, Chief
Financial Office r/Treasurer, responded to questions.
Public Correspondence:
« Tony and Orrie Brown, City residents, submitted an e-mail on April 5, 2011,
asking the Council in addition to the Amnesty Program to forgive
businesses, especially real property lessors, from previous years of
business license fees.
Public Comments:
« Orrie Brown, City resident, stated that their limited partnership businesses
never received a notice notifying that a business license was required; and
responded to questions from the City Council.
Council Comments:
Felt that Code Enforcement should continue working to enforce the
Municipal Code on this matter.
• Preference in not exempting duplexes and triplexes from an
annual license tax.
• Stated that the Mayoral Subcommittee compromised in exempting duplexes
and triplexes from the tax, in order to provide a break for owners who live in
one of the properties and rely on the rent of the rest of the property as a
source of income.
• Did not view renting duplexes and triplexes as a business, and felt that the
enforcement cost will be higher than the revenue.
6 4/5!2011
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Kramer, and motion failed 2-3 with Council Member Reeve,
Council Member Taylor, and Mayor Allevato opposed to approve the first reading
and introduction of an ordinance entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTION 3-1.204 OF CHAPTER 1 OF TITLE 3 OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO BUSINESS
LICENSE TAXES FOR LESSORS OF PROPERTY WITHIN THE CITY".; and
removing from section 3-9.204 a the tax exemption on duplexes and triplexes.
Rnl 1 r.411.
AYES: COUNCIL MEMBER: Freese and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: Reeve, Taylor and Mayor Allevato
ABSENT: COUNCIL MEMBER: None
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Taylor, and carried 4-1 with Council Member Freese opposed to
approve the first reading and introduction of an ordinance entitled
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 3-1.204 OF
CHAPTER 1 OF TITLE 3 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
PERTAINING TO BUSINESS LICENSE TAXES FOR LESSORS OF
PROPERTY WITHIN THE CITY".
ROLL CALL:
AYES: COUNCIL MEMBER. Reeve, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Freese
ABSENT: COUNCIL MEMBER: None
b. INTRODUCTION AND FIRST READING OF AN ORDINANCE PROVIDING AN
AMNESTY PROGRAM FOR BUSINESS LICENSE TAXES FROM MAY
THROUGH NOVEMBER 2011, WHICH FORGIVES CERTAIN PAST
OBLIGATIONS FOR TAXPAYERS WHO REGISTER WITH THE CITY AND
AGREE TO PAY ALL FUTURE BUSINESS LICENSE TAXES AS REQUIRED
UNDER THE SAN JUAN CAPISTRANO MUNICIPAL CODE (390.60)
Omar Sandoval, City Attorney, provided a staff report and responded to
questions.
Public Correspondence:
• Tony and Orrie Brown, City residents, submitted an e-mail on April 5, 2011,
asking the Council in addition to the Amnesty Program to forgive
businesses, especially real property lessors, from previous years of
business license fees.
7 4/5!2011
Public Comments:
Tony Brown, City resident, felt that it would not be right to require payment of
previous years, as the City never provided notification of the business
license requirement.
Council Comments:
• Preference for the Amnesty Program to start fresh and forgive prior years of
non-compliance.
• Spoke in favor of going back three years for the Amnesty Program, in order
to avoid businesses that require a business license from coming forward in a
year with the same argument,
• Stated that unfortunately the Municipal Code was not enforced in the past,
and felt that the right thing to do was to provide an Amnesty Program that
forgives penalties and fines going back three years.
• Expressed preference in a prospective versus retrospective approach.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Kramer, and carried 3-2 with Council Member Reeve and Council
Member Taylor opposed to approve the first reading and introduction of an
ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING AN AMNESTY
PROGRAM FOR BUSINESS LICENSE TAXES FROM MAY THROUGH
NOVEMBER 2011, WHICH FORGIVES CERTAIN PAST OBLIGATIONS FOR
TAXPAYERS WHO REGISTER WITH THE CITY AND AGREE TO PAY ALL
FUTURE BUSINESS LICENSE TAXES AS REQUIRED UNDER THE
SAN JUAN CAPISTRANO MUNICIPAL CODE"
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve and Taylor
ABSENT: COUNCIL MEMBER: None
8 4/5/2011
1. ORDINANCE NO. 983: ADOPTED AMENDING CHAPTER 9 OF TITLE 5 OF
THE MUNICIPAL CODE PERTAINING TO CURFEW FOR MINORS AND
AMENDING CHAPTER 7 OF TITLE 1 REGARDING MUNICIPAL CODE
ENFORCEMENT OFFICERS (585.10)
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance.
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried unanimously to adopt Ordinance No. 983,
entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 9 OF TITLE 5 OF
THE MUNICIPAL CODE PERTAINING TO CURFEW FOR MINORS AND
AMENDING CHAPTER 7 OF TITLE 1 REGARDING MUNICIPAL CODE
ENFORCEMENT OFFICERS".
COUNCILIVIANIC. ITEMS:
1. DISCUSSION REGARDING CONSIDERATION OF ESTABLISHING A
HOUSING AUTHORITY AND DISCUSSION OF AB 1867 (430.10)
Omar Sandoval, City Attorney, provided a general description of
Housing Authorities, and responded to questions. Cindy Russell,
Chief Financial Office rlTreasurer, responded to questions.
Council Comments:
• Stated that there's not sufficient information available to make a decision at
this time; and felt that it would be a bureaucratic nightmare as
San Juan Capistrano is a very small city.
• Felt that the formation of a Housing Authority should be looked into, but not
ready to make a decision at this time.
• Expressed interest in learning more about the formation of a
Housing Authority, but would not favored adding another bureaucratic layer
if not necessary.
• Did not favor adding another layer of government by forming a
Housing Authority, felt that it should be kept within the Redevelopment
Agency; and felt that staff needs to keep a close eye on the Governor's
proposal.
9 4/512011
There being no further business, Mayor Allevato adjourned the meeting
at 8:32 p.m. to Tuesday, April 7, 2011, at 2:30 p.m. for a Closed Session meeting; and
then to April 8, 2011, at 12:30 p.m. for a Closed Session meeting; and then to
April 19, 2011, at 5:00 p.m. for Closed Session and 6:00 p.m. for the public Business
Session, in the City Council Chamber.
Approved: April 19, 2011
ATTEST:
SAM ALLE'ATC, MAYOR
10 4/5/2011