11-1004_CC_Minutes_Regular MeetingMINUTES
OCTOBER 4, 2011
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Allevato called the Regular Meeting of the City Council to order at
5:05 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: None
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 one potential item 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 Grenier vs. City
of San Juan Capistrano, et al.
C. 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 6:14 p.m. in the City Council Chamber.
Mayor pro tem Kramer led the Pledge of Allegiance and gave the invocation.
Sadie Faith Camacho performed "The Star Spangled Banner."
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: None
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• League of California Cities Annual Conference.
• Women in Water meeting.
• Funeral services for City activists Chuck Monary and Helen Curtis.
• Chamber of Commerce "Vintage" event.
• Council Member Reeve announced that due to recent events in Sacramento and
Washington D.C. his "Right To Work Act" item will be agendized at a later time; and
anticipated bringing an item to a future City Council meeting related to the
City's Municipal Code pertaining to religious activities.
• "Orangeman Triathlon."
• The Shea Center "Annual Family Barbecue."
• "City's Employee Appreciation Luncheon."
• "Annual Ridgewalk and Run."
• Sustainability Committee meeting.
• Announced upcoming E -Waste Collection and Compost Giveaway.
• Grand Opening Ceremony — Dudek Engineering.
• South Orange County Mayor's Breakfast
• Orange County Fire Authority Board of Directors Meeting.
• Coffee Chat at the Camino Real Theater
• Announced that October is "National Breast Cancer Awareness Month."
• Transportation Corridor Agencies meeting.
• Mayor Allevato introduced and welcomed Keith Van Der Maaten,
Utilities Director.
INTRODUCTIONS AND PRESENTATIONS
1.
2.
3.
JUAN CAMACHO, SENIOR MAINTENANCE WORKER RECOGNIZED FOR
35 YEARS OF SERVICE TO THE CITY (730.90)
Mayor Allevato recognized Juan Camacho, Senior Maintenance Worker, for
35 years of service to the City, and provided him with a certificate of recognition.
OCTOBER 2011 PROCLAIMED AS ITALIAN -AMERICAN HERITAGE MONTH
(610.40)
Mayor Allevato proclaimed October 2011 as Italian -American Heritage Month and
provided Vicky Carabini, Ambassador of the City's Sister City Program, with a
proclamation.
PRESENTATION OF METER READING AND BILLING PROCESS (1050.10)
Stacie Sheek, Customer Service Supervisor, provided a PowerPoint presentation
and responded to questions. Cindy Russell, Chief Financial Officer/City Treasurer,
responded to questions.
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Public Comments:
• Clint Worthington, City resident, felt that the current tier billing system is
inconsistent; suggested that meters be read consistently every 30 days; and
provided handouts to the City Council.
• Kim McCarthy, City resident, questioned the need to bill water users based
on a tier system rather than per water usage; and expressed concern with
high water bills regardless of water conservation efforts.
4. MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Steve Behmerwohld and Ron Denman, Parks, Recreation and
Senior Services Commission; Gerald Muir, Youth Advisory Boa rd and Parks,
Recreation and Senior Services Commission; Janelle Janke and Anam
Sadruddoin, Youth Advisory Board; Bob Cardoza, Design and Review Committee;
John Altieri, Transportation Commission; Mary -Ellen West, San Juan Seniors;
Orange County Fire Authority Division Chief, Rick Robinson; and former
Orange County Sheriff Brad Gates.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
• Aida Ganddini, Villas & Verandas Art Gallery, expressed concern about adjacent
business owners to the Vaquero West building not receiving information pertaining
to an upcoming demolition/renovation of the building; and spoke regarding tickets
given to clients for loading and unloading in front of her art gallery. Grant Taylor,
Development Services Director, provided information and project timelines for the
Vaquero West building.
j • Duane Cave, San Diego Gas and Electric, provided information pertaining to a
recent power outage that affected many cities in southern California, including San
Juan Capistrano, Baja California, and Arizona; incident is still under investigation;
and spoke of the importance of emergency preparedness.
• Tony Brown, City resident, spoke regarding recent business license violations
received for his business after the adoption of the City's Business Amnesty
Ordinance; provided copies of the violations; and asked the City Council to forgive
the fines or agendize the matter again. Mayor Allevato directed staff to contact Mr.
Brown regarding this matter.
• Clint Worthington, City resident, expressed concern with liability during the recently
held Orangeman Triathlon; felt that requirements were not met, such as posted
signs at the bike paths and bicycles not being walked through the bridge.
• Ed Connor, City resident, expressed concern with the reputation of the City due to
recent comments made from the dais from Council Member Reeve; and spoke
against an ordinance "Right to Work Act" agendized by Council Member Reeve, felt
that this ordinance would require enforcement of Federal Immigration Laws, and
asked City Council Members to adhere only to City business.
• Kim McCarthy, City resident, thanked Council Member Reeve for bringing
forward the "Right to Work Act" ordinance; and felt that there are millions of
Americans without jobs.
• Dusty Otero, City resident, volunteered to work on and maintain the City's
East Open Space. Mayor Allevato informed him that staff will be contacting him
regarding the matter.
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CONSENT CALENDAR:
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Taylor and carried unanimously to approve consent calendar items 1
through 3, 5, 6, 7 and 10 as recommended by staff, with Council Member Freese
recused from consent calendar item 10; and Council Member Reeve opposed to
consent calendar items 5 and 14.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — REGULAR MEETING OF SEPTEMBER 20, 2011,
APPROVED.
3. CHECK REGISTER FOR WIRES AND CHECKS DATED SEPTEMBER 9 TO
SEPTEMBER 22, 2011, IN THE TOTAL AMOUNT OF $3,486,680.24; AND
PAYROLL (DIRECT DEPOSIT) DATED SEPTEMBER 16, 2011, IN THE TOTAL
AMOUNT: OF $178,700.16; AND PAYROLL CHECKS DATED
SEPTEMBER 22, 2011, IN THE TOTAL AMOUNT OF $15,352.28, RECEIVED
AND FILED (300.30)
4. CR&R WASTE & RECYCLING SERVICES' DONATION OF $2,500 TO COVER
THE INCREASED DELIVERY COST OF THE 2011 VICTOR'S CUSTOM
CHRISTMAS TREES, INC., ACCEPTED; AND APPROPRIATION OF $2,500 TO
EXPENDITURE ACCOUNT NUMBER 01-83514-62709-00000-649 TO BE
OFFSET BY AN INCREASE IN ESTIMATED REVENUES OF $2,500 TO
ACCOUNT NUMBER 01-00000-44550-00000-649, APPROVED (150.10)
Council Comments:
• Thanked CR&R Waste & Recycling Services for the donation; and
unanimously agreed to start collecting ornaments and lights in order to use
the City's own Christmas tree in the future.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Freese, and carried unanimously to accept a $2,500 donation
from CR&R Waste & Recycling Services.
5. SECOND AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR
FEDERAL AND STATE GOVERNMENT ADVOCACY SERVICES WITH
TOWNSEND PUBLIC AFFAIRS, INC. AT A REDUCED RATE OF $5,000 PER
MONTH FOR THE PERIOD OF OCTOBER 1, 2011 — DECEMBER 31, 2011,
APPROVED (600.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
6. VACANCIES DECLARED FOR ALL POSITIONS IN THE CITIZENS' BOND
OVERSIGHT AD-HOC COMMITTEE AS OF DECEMBER 10, 2011; AND CITY `7
CLERK DIRECTED TO PREPARE AND POST APPROPRIATE NOTICES TO
SOLICIT APPLICATIONS (340.20)
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7. REVISION OF REGULAR MEETING SCHEDULE TO CANCEL THE REGULAR
MEETING OF THE CITY COUNCIL OF DECEMBER 20, 2011, APPROVED
(610.15)
8. PERSONAL SERVICES AGREEMENT WITH ORANGE COUNTY STRIPING
SERVICE, INC. TO PROVIDE PAVEMENT MARKING MAINTENANCE
SERVICES, APPROVED (600.30)
Jill Thomas, Senior Management Analyst, and David Hubler, Public Works
Manager, responded to questions.
Council Action: Moved by Council Member Taylor, seconded by Mayor pro tem
Kramer, and carried unanimously to approve Personal Services Agreement with
Orange County Striping Service, Inc. to provide pavement marking maintenance
services city-wide for a three-year term, with three one-year optional extensions,
subject to available funding in the operational budget; and City Manager
authorized to execute the agreement.
9. QUALIFIED CONTRACTORS LIST FOR ASPHALT/CRACK SEAUSEAL COAT
MAINTENANCE AND REPAIR SERVICES TO INCLUDE BEN'S ASPHALT,
INC., HARDY AND HARPER, INC. AND QUICKEL PAVING, INC., APROVED;
AND PERSONAL SERVICES AGREEMENTS WITH BEN'S ASPHALT, INC.,
HARDY AND HARPER, INC., AND QUICKEL PAVING, INC. TO PROVIDE
ASPHALT/CRACK SEAUSEAL COAT MAINTENANCE AND REPAIR
SERVICES CITY-WIDE FOR A THREE-YEAR TERM, WITH THREE ONE-
YEAR OPTIONAL EXTENSIONS, SUBJECT TO AVAILABLE FUNDING IN THE
OPERATIONAL BUDGET; AND CITY MANAGER AUTHORIZED TO EXECUTE
THE AGREEMENTS (600.30)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Comments:
• Preference in removing the services of asphalt from the Quickel Paving, Inc.
agreement due to the higher cost in their proposal.
Council Action: Moved by Council Member Taylor, seconded by Mayor pro tem
Kramer, and carried unanimously to approve a qualified contractors list for
asphalt/crack seal/seal coat maintenance and repair services to include Ben's
Asphalt, Inc., Hardy and Harper, Inc. and Quickel Paving, Inc.; and approve
Personal Services Agreements with Ben's Asphalt, Inc., Hardy and Harper, Inc.,
and Quickel Paving, Inc. to provide asphalt/crack seal/seal coat maintenance and
repair services city-wide for a three-year term, with three one-year optional
extensions, subject to available funding in the operational budget: City Manager
authorized to execute the agreements; and remove "asphalt services" from the
Quickel Paving, Inc. agreement.
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10. QUALIFIED CONTRACTORS LIST FOR BUILDING MAINTENANCE SERVICES
WITH FRIESS BUILDERS, INC. AND INSLEY CONSTRUCTION, INC.,
APPROVED; AND PERSONAL SERVICES AGREEMENTS FOR BUILDING
MAINTENANCE SERVICES CITY-WIDE FOR A THREE-YEAR TERM, WITH
THREE ONE-YEAR OPTIONAL EXTENSIONS, SUBJECT TO AVAILABLE
FUNDING IN THE OPERATIONAL BUDGET, APPROVED; AND CITY
MANAGER AUTHORIZED TO EXECUTE THE AGREEMENTS (600.30)
Council Member Freese recused herself due to Friess Builders, Inc. being a
former client within the last twelve (12) months.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Freese
11. CONSIDERATION OF PERSONAL SERVICE AGREEMENT FOR
EVALUATION OF CITY OWNED INFRASTRUCTURE, ASSET INVENTORY,
AND IMPROVEMENT RECOMMENDATIONS (AMN MANAGEMENT)
(CIP 11104) (600.30)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Comments:
• Expressed concerned with only receiving one (1) proposal; and suggested
re -soliciting for proposals in order to receive other proposals and the I
opportunity to lower the cost for these services.
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried unanimously to re -solicit proposals from
qualified firms in order to keep cost down.
12. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — FROM AUGUST
16, 2011 THROUGH SEPTEMBER 15, 2011, RECEIVED AND FILED (440.10)
13. SITE ACCESS LICENSE WITH THE SAN JUAN CAPISTRANO OPEN SPACE
FOUNDATION TO ALLOW ACCESS TO THE SAN JUAN CAPISTRANO DOG
PARK AREA AT THE NORTHWEST OPEN SPACE TO CONSTRUCT THE
PROPOSED DOG PARK AND PARKING IMPROVEMENTS, APPROVED; AND
PERMIT FEE WAIVER FOR THE PROCESSING OF ANY REQUIRED
GRADING AND BUILDING PERMITS RELATED TO THE PROPOSED DOG
PARK IMPROVEMENTS (390.301600.30)
Grant Taylor, Development Services Director, responded to questions.
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Public Comments:
• Richard Gardner, Capistrano Beach resident, felt that there's an opportunity
to do planning of the City's open space areas, and deal with creek erosion
issues and endanger species.
Council Comments:
• Would like to see the project move forward as soon as possible;
and suggested holding joint meetings within the City's reviewing
Commissions/Committees/Boards in order to expedite the project.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Freese, and carried 4-1 with Council Member Reeve opposed to
approve a Site Acce ss License with the San Juan Capistrano Open Space
Foundation to allow access to the San Juan Capistrano dog park area at the
northwest open space to construct the proposed dog park and parking
improvements; and permit fee waiver for the processing of any required grading
and building permits related to the proposed dog park improvements, approved.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
14. SITE ACCESS LICENSE WITH THE SAN JUAN CAPISTRANO OPEN SPACE
FOUNDATION TO 2C RANCH TO CONSTRUCT THOSE PROPOSED
IMPROVEMENTS CONCEPTUALLY APPROVED BY THE CITY COUNCIL ON
FEBRUARY 15, 2011; AND $2,900 ALLOCATED FOR A GEOLOGIC SITE
RECONNAISSANCE, AND FENCING AND SIGNAGE ALONG TRABUCO
CREEK EMBANKMENT FROM THE CITY'S EXISTING CITY-WIDE TRAIL
IMPROVEMENTS CAPITAL IMPROVEMENT PROJECT (CIP 07204) (600.30)
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
15. FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH MUNI
TEMPS MUNICIPAL STAFFING SOLUTIONS IN AN AMOUNT NOT TO
EXCEED $50,000, APPROVED (600.30)
PUBLIC HEARINGS: None
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
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10/4/2011
ADMINISTRATIVE ITEMS:
G1. POLICE SERVICES
a. SECOND AMENDMENT TO THE FIVE-YEAR LAW ENFORCEMENT
SERVICES AGREEMENT WITH THE COUNTY OF ORANGE, APPROVED
Lieutenant John Meyer, Chief of Police Services, provided a staff report and
responded to questions. Paul D'Auria, San Clemente Chief of Police Services,
responded to questions.
Council Comments:
• Felt that having a Community Oriented Policing Program is a good
preventative approach in keeping the youth from joining gangs and
committing crimes.
• Suggested a more structured approach by having crime statistics to speck
areas in the City; recommended periodical updates of the program to the
City Council, and invite some of the City Council members to the
Crime Prevention Neighborhood meetings.
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Kramer, and carried unanimously to approve a Second
Amendment to the to the Five -Year Law Enforcement Services Agreement with
the County of Orange for the deletion of (1) Deputy Sheriff Il Patrol Position, and
(1) Deputy Sheriff II Motor Position in order to add (1) Crime Prevention Officer
and (1) Administrative Sergeant Position; effective November 4, 2011, through
June 30, 2012.
G2. DEVELOPMENT SERVICES
a. RESOLUTION NO. 11-10-04-01 ADOPTED APPROVING CERTAIN
AMENDMENTS TO THE SETTLEMENT AGREEMENT BETWEEN THE
SADDLEBACK VALLEY CHRISTIAN SCHOOL AND THE CITY OF SAN JUAN
CAPISTRANO FOR ARCHITECTURAL CONTROL (AC) 11-006 (600.30)
Grant Taylor, Development Services Director, provided a staff report and
responded to questions.
Public Comments:
• Richard Gardner, Capistrano Beach resident; stated that the City has the
right cap the student enrollment; and expressed the need for the City to take
the lead in establishing a trail plan.
• Phil Schwartze, representing the applicant, responded to questions from the
City Council.
Council Comments:
• Suggested adding the proviso that the student enrollment be 850 subject to
review and approval by the Development Services Director.
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Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Freese, and carried unanimously to adopt Resolution No.
11-10-04-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE SETTLEMENT
AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND
SADDLEBACK VALLEY CHRISTIAN SCHOOL FOR CERTAIN AMENDMENTS
REGARDING PROCESSING DEADLINES AND STUDENT ENROLLMENT ON
AN EXISTING APPROXIMATE 6.13 ACRE SITE LOCATED AT 26333 OSO
ROAD AT THE NORTHWEST CORNER OF CAMINO CAPISTRANO AND OSO
ROAD (APN 121-070-55 AND 56)"; with the proviso that the student enrollment
be 850 subject to review and approval by the Development Services Director.
b. HISTORIC LOS RIOS STREET CIRCULATION STUDY CONCEPT PLAN
PREPARED BY MIG, INC., APPROVED (590.60)
Council Member Taylor recused himself and left the Council Chamber due to the
proximity of the project to his residence.
Teri Delcamp, Historic Preservation Manager, provided a staff report and
responded to questions.
Public Comments:
• Jeff Vasquez, City resident, expressed importance of proper lighting for
safety reasons; and the need to pave the streets and address drainage
issues.
Council Comments:
• Suggested that benches have backrests; stated that it was important to take
care of any drainage issues before resurfacing Los Rios Street; felt that a
5 mph speed was appropriate for the area; favored the signage, and
suggested a sign on northbound Los Rios Street directing traffic to make a
left on Ramos Street to go back to Adelanto Street; and would like to see a
path and a bench in front of the large Pepper tree near the entrance of
Los Rios Park, in order to keep visitors from stepping on the plants.
• Signage is most important in order to keep pedestrians safe by keeping
vehicles off the streets; would like City Council to have the opportunity to
view asphalt color samples before paving Los Rios Street; important to keep
the rustic distressed edging along the street without sidewalks; lights are
needed for safety, but need to be muted in order to maintain the historical
element of Los Rios, and must have the approval of the neighbors; benches
and bike racks need to be simple; preference in not having domed lids on the
trash containers; would like to see a hitching rail by the Montanez Adobe for
horses; drainage improvements need to be done before any street
resurfacing; consider additional parking (not in the street) in the future for
businesses and residents; and although not part of the project, mentioned
the need to address the current requirement for business owners to live in
their buildings within the Los Rios Specific Plan Historic Residential zone
district.
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Important from a health and safety standpoint to prioritize paving Los Rios
Street; suggested simpler bike racks; and felt redevelopment authority
monies would be appropriate to use for the project, but important to apply for
all possible outside funding sources to bring the project to fruition.
Clarified with staff that the more detailed project plans will go through review
by Commissions and City Council in the future before construction occurs.
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried 4-0 with Council Member Taylor recused to
approve the recommended Historic Los Rios Street Circulation Study Concept
Plan prepared by MIG, Inc., with modifications as proposed by staff subject to the
following additional City Council comments:
• Reiterated that benches and bike racks should be simpler in design.
However, benches should have backrests.
• Take care of any drainage issues before resurfacing Los Rios Street.
• Consider installing a sign on northbound Los Rios Street directing traffic to
make a left on Ramos Street to go back to Paseo Adelanto Street.
• Consider installing a path and bench in Los Rios Park, just to the west of
the California Pepper tree on the adjacent Rios property. to avoid visitors
stepping on plants for photo opportunities by the tree.
• Ensure asphalt color samples are provided with the future project
when Commissions/Committees/Boards and the City Council
review detailed plans.
• Reiterated the intent to provide a rustic, distressed edge to the
Los Rios Street paving with no sidewalks.
• Keep street lighting muted and warm in color, and obtain the adjacent
property owner's approval for proposed light locations.
• Preference not to have domed lids on trash and recycling containers.
• Consider installing a hitching post for horses near the Montanez Adobe.
ROLL CALL:
AYES:
COUNCIL MEMBER:
NOES:
COUNCIL MEMBER:
ABSENT:
COUNCIL MEMBER:
RECUSED:
COUNCIL MEMBER:
ORDINANCES: None
COUNCILMANIC ITEMS: None
Freese, Reeve, Kramer and Mayor Allevato
None
None
Taylor
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F.
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ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting
at 10: 25 p.m. to Tuesday, October 18, 2011, at 5:00 p.m. for
Closed Session and 6:00 p.m. for the public Business Session, in the Council Chamber.
submitted,
Approved: October 18, 2011
.;; JJ.//
..11,01 10111
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