11-1115_CC_Minutes_Regular MeetingMINUTES
NOVEMBER 15, 2011
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor pro tem Kramer called the Regular Meeting of the City Council to order at
5:04 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor,
and Mayor pro tem Larry Kramer
COUNCIL MEMBERS ABSENT: Mayor Allevato
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(b), the City Council conferred
with legal counsel pertaining to one potential item of significant exposure to
litigation regarding an inverse condemnation and civil rights claim asserted by the
owner of the Capistrano Terrace Mobile Home Park involving the City's rent
control, park closure and building/property maintenance regulations.
b. Pursuant to Government Code Section 54956.9(a), the City Council conferred
with legal counsel pertaining to existing litigation in the matter of
Daniel Friess vs. City of San Juan Capistrano.
BUSINESS SESSION:
Mayor pro tem Kramer called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:08 p.m. in the City Council Chamber.
Council Member Taylor led the Pledge of Allegiance and gave the invocation.
Eric Gorsuch, City resident performed "God Bless America."
MEETING DEDICATION: Mayor pro tem Kramer dedicated the meeting in Memory of
Joan Hood, long time Associated Senior Action Program (ASAP) volunteer; and
presented a Proclamation in her Memory to her son Bud Hood.
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor,
and Mayor pro tem Larry Kramer
COUNCIL MEMBERS ABSENT: Mayor Allevato
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: Council Member Taylor
announced that he recused himself from Closed Session (a) due to a business
relationship.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• San Juan Basin Authority meeting.
• South Orange County Wastewater Authority.
• Veteran's Day Memorial event.
• Assemblywoman Diane Harkey's Open House.
• Attendance to various ribbon cutting ceremonies.
• Metropolitan Water District of Orange County — Elected Official Forum.
• Third Grade History Lesson at Angels Stadium.
• Assembly Bill 262 stakeholder's meeting.
• Homefront America Veteran's Day event.
• Viva Creer fundraising event.
INTRODUCTIONS AND PRESENTATIONS:
1. PRESENTATION ON THE CITY OF SAN JUAN CAPISTRANO'S SHARE OF
THE ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM UNFUNDED
ACTUARIAL ACCRUED LIABILITY AS OF DECEMBER 31, 2010 (730.90)
Steve Delaney, Orange County Employees Retirement System (OCERS) and
Andy Yeung, The Segal Company, provided a PowerPoint presentation and
responded to questions.
Public Comments:
• Dr. Roy Byrns, City resident, felt that the Unfunded Actuarial Accrued
Liability (UAAL) is not the monster portrayed to the public by the press; and
questioned how inflation affects the system.
2. COUNCIL MEMBER FREESE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Steve Behmerwohld and Ron Denman, Parks, Recreation and
Senior Services Commission; Gerald Muir, Youth Advisory Board and Parks,
Recreation and Senior Services Commission; Katie Ryan and Erica Delamare,
Youth Advisory Board; Jan Siegel, Cultural Heritage Commission; and Bob
Cardoza, Design Review Committee.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
• David Flournoy, Go Forward Racing, Inc., presented the City Council with a
Plaque of Appreciation for supporting the recent Orangeman Triathlon event and a
$1,650 check for the City's portion of the proceeds.
• John Caldwell, Shea Therapeutic Riding Center, invited the City Council to attend
their Riders Recognition Week and present awards to riders for their achievements.
• Francisco Marmolejo and Susan Reese, OC Human Relations, presented the
OC Human Relations 2010/2011 Annual Report; and provided handouts.
• Katie Ryan and Erica Delamare, Youth Advisory Board Members, provided the
Council with an update on their progress and activities.
• Jan Siegel, Cultural Heritage Commissioner, spoke regarding the importance of
preserving the City's history; and asked the City Council to fill the recent vacated
position of Preservation Historic Manager.
• Travis Engel, City resident, spoke about his continuous efforts of having a
BMX Style Bike Park in the City; and hopes to bring good news on the matter soon.
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• Richard Gardner, Capistrano Beach resident, spoke regarding the 241 Toll Road
extension to Ortega Highway; felt that the City should be a sponsor and work with
Orange County Transportation Agency (OCTA) and conduct a feasibility study to
look at an east/west connector that would be an express route to the 1-5 Freeway
and the 73 Toll Road.
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by
Council Member Freese, and carried 4-0 with Mayor Allevato absent to approve
consent calendar items 1 through 5 as recommended by staff with
Council Member Taylor abstained from consent calendar 6.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — REGULAR MEETING OF NOVEMBER 1, 2011,
APPROVED.
3. CHECK REGISTER FOR AN ELECTRONIC TRANSACTION DATED
OCTOBER 20, 2011, IN THE TOTAL AMOUNT OF $3.68; CHECK REGISTER
DATED OCTOBER 21 TO NOVEMBER 4, 2011; IN THE TOTAL AMOUNT OF
$2,837,951; AND PAYROLL (DIRECT DEPOSIT) DATED OCTOBER 28, 2011,
IN THE TOTAL AMOUNT OF $2,837,951.20; AND PAYROLL CHECKS DATED
OCTOBER 20 TO OCTOBER 28, 2011, IN THE TOTAL AMOUNT OF
$7,738.55, RECEIVED AND FILED (300.30)
4. CLAIM OF SAN DIEGO GAS & ELECTRIC (SDG&E) DENIED BASED UPON
THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.70)
5. MILLS ACT CONTRACT FOR THE MAINTENANCE AND PRESERVATION
OF THE HISTORIC PROPERTY ALBERT PRYOR JR. HOUSE LOCATED AT
31321 ANDRES PICO ROAD (APN 124-201-17) (JORGE AND ESTELA
PUELMA FAMILY TRUST); AND DEVELOPMENT SERVICES DEPARTMENT
DIRECTED TO PROCESS THE RECORDING OF THE CONTRACT (600.30)
6. MILLS ACT CONTRACT FOR THE MAINTENANCE AND PRESERVATION
OF THE HISTORIC PROPERTY SALVADOR LABAT HOUSE LOCATED AT
31600 LOS RIOS STREET (APN 121-142-13) (RICK & DEBORAH
WARKENTIEN); AND DEVELOPMENT SERVICES DEPARTMENT DIRECTED
TO PROCESS THE RECORDING OF THE CONTRACT (600.30)
Council Member Taylor abstained himself due to the proximity to his residence.
ROLL CALL:
AYES:
COUNCIL MEMBER:
Freese, Reeve and Mayor pro tern Kramer
NOES:
COUNCIL MEMBER:
None
ABSENT:
COUNCIL MEMBER:
Allevato
RECUSED:
COUNCIL MEMBER:
Taylor
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7. AWARD OF CONSTRUCTION CONTRACT TO Cl SERVICES, INC. FOR THE
SAN JUAN CAPISTRANO LIBRARY ROOF REPAIRS PROJECT (CIP 07301)
(600.30)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Comments:
• Expressed support for the project; and stated that the library is in need of
much repair.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Freese, and carried 4-0 with Mayor Allevato absent to award a
Construction Contract to Cl Services, Inc. for the San Juan Capistrano Library
roof repairs project, in the amount of $124,595; all other bids rejected; and City
Manager authorized to approve changes in the contract up to 10% of the contract
cost (CIP 07301).
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
8. REVISED JOINT FACILITY USE AGREEMENT BETWEEN THE CITY OF SAN
JUAN CAPISTRANO AND THE CAPISTRANO UNIFIED SCHOOL DISTRICT
(CUSD) FOR THE ROLLER HOCKEY/MULTIPURPOSE FACILITY LOCATED
AT 3 VIA POSITIVA, APPROVED (600.50)
Cynthia Alexander, Community Services Manager, responded to questions.
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried 4-0 with Mayor Allevato absent to approve
the revised Joint Facility Use Agreement between the City of San Juan
Capistrano and the Capistrano Unified School District (CUSD) for the
roller hockey/multipurpose facility located at 3 Via Positiva.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
9. SECOND AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH
MUNITEMPS MUNICIPAL STAFFING SOLUTIONS TO PROVIDE INTERIM
ACCOUNTING MANAGER SERVICES UNTIL DECEMBER 16, 2011, AND
INCREASING THE AGREEMENT COMPENSATION NOT TO EXCEED
$68,000, APPROVED (600.30)
PUBLIC HEARINGS: None
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
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ADMINISTRATIVE ITEMS:
G1. FINANCIAL SERVICES
FIRST QUARTER FINANCIAL REPORT FOR THE PERIOD FROM
JULY 1, 2011 THROUGH SEPTEMBER 30, 2011; AND UPDATE ON THE
CITY COUNCIL'S PRIORITIES, RECEIVED AND FILED
(CITY COUNCIL PRIORITY NO. 6) (330.20)
Steve Montano, Assistant Director of Financial Services, provided a PowerPoint
presentation and responded to questions. Cindy Russell, Chief Financial
Officer/Treasurer, responded to questions. Nasser Abbaszadeh, Public Works
Director; Grant Taylor, Development Services Director; and Keith Van Der
Maaten, Utilities Director, provided an update on the City Council's Priorities.
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried 4-0 with Mayor Allevato absent to receive
and file the First Quarter Financial Report for the period of July 1, 2011 through
September 30, 2011; and an update on the City Council's Priorities.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
G2. UTILITIES SERVICES
a. ISSUANCE OF REQUEST FOR PROPOSAL (RFP) TO REHABILITATE THE
GREEN SAND FILTERS LOCATED AT THE GROUND WATER RECOVERY
PLANT (GWRP), APPROVED; AND $250,000 APPROPRIATED TO ACCOUNT
#62-94755-64203-00000-000, TO BE OFFSET BY ADDITIONAL UNBUDGETED
REVENUE FROM SETTLEMENT FUNDS TO BE RECEIVED IN DECEMBER
2011 BASED ON FILING OF NOTICE OF COMPLETION OF
GRANULAR ACTIVATED CARBON (GAC) TREATMENT FACILITY
(COUNCIL PRIORITY NO. 2) (600.30)
Keith Van Der Maaten, Utilities Director, provided a PowerPoint presentation and
responded to questions.
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried 3-0-1 with Mayor Allevato absent and
Council Member Reeve opposed to approve the issuance of a
Request for Proposal (RFP) to rehabilitate the green sand filters located at the
Ground Water Recovery Plant (GWRP); and $250,000 appropriated to Account
No. 62-94755-64203-00000-000, to be offset by additional unbudgeted revenue
from settlement funds to be received in December 2011 based on filing of the
Notice of Completion of the Granular Activated Carbon (GAC) treatment facility.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Freese, Taylor and Mayor pro tem Kramer
Reeve
Allevato
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b. FINAL CONFORMED UPPER CHIQUITA EMERGENCY STORAGE
RESERVOIR PARTICIPATION AND OPERATIONS AGREEMENT WITH THE
CITY OF SAN CLEMENTE, MOULTON NIGUEL WATER DISTRICT, AND
SOUTH COAST WATER DISTRICT RATIFIED; VOLUME OF PARTICIPATION
DECREASED FROM 76.1 ACRE-FEET TO 50 ACRE-FEET; $900,000
TRANSFERRED FROM CIP 07808 TO A NEW CIP TO INSTALL EMERGENCY
GENERATORS AT THE GROUND WATER RECOVERY -PLANT (GWRP);
UNUSED FUNDS IN THE AMOUNT OF $723,255 RETURNED TO THE WATER
CAPITAL IMPROVEMENT FUND IN CONSIDERATION OF CRITICAL
PROGRAMMED WATER CAPITAL PROJECTS; AND MINOR NUMERICAL
CHANGES AUTHORIZED AS DETERMINED BY THE CITY MANAGER, OF
LESS THAN 5% FROM THE ORIGINAL VALUE, IN THE FINAL DOCUMENT
PRESENTED FOR SIGNATURE (600.50)
Keith Van Der Maaten, Utilities Director, provided a PowerPoint presentation and
responded to questions. John Schatz, General Manager, Santa Margarita Water
District, responded to questions.
Public Comments:
• Richard Gardner, Capistrano Beach resident, expressed concern with
spending public funds to purchase a back-up generator that will not be used
much, and will be costly to maintain.
Council Comments:
Felt that having a back-up generator (for the Groundwater Recovery Plant),
and diesel fuel on site is important, especially during emergency situations.
Supported back-up generators, and having storage of fuel in order to be
prepared in the event of an emergency; felt that the City should be cautious ?
in investing further funds in the Emergency Operations Center (EOC) due to
concerns that it's located in a floodplain.
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried 4-0 with Mayor Allevato absent to ratify a
final conformed Upper Chiquita Emergency Storage Reservoir Participation and
Operations Agreement with the City of San Clemente, Moulton Niguel Water
District, and South Coast Water District; volume of participation decreased from
76.1 acre-feet to 50 acre-feet; $900,000 transferred from CIP 07808 to a new
CIP to install emergency generators at the Ground Water Recovery Plant
(GWRP); unused funds in the amount of $723,255 returned to the water capital
improvement fund in consideration of critical programmed water capital projects;
and minor numerical changes authorized as determined by the City Manager, of
less than 5% from the original value, in the final document presented for
signature.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
ORDINANCES: None
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COUNCILMANIC ITEMS:
1. CONSIDERATION OF A POSSIBLE DECLARATION OF VACANCY ON THE
CULTURAL HERITAGE COMMISSION (110.20)
Public Comments:
• Nathan Banda, Cultural Heritage Commissioner, provided an explanation to
the City Council regarding his meeting absences; asked that the
City Council consider the circumstances presented and allow him to remain
in the Cultural Heritage Commission; and responded to questions.
Council Comments:
Supported reinstating Mr. Banda as a Cultural Heritage Commissioner,
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried 4-0 with Mayor Allevato absent to reinstate
Nathan Banda as a Cultural Heritage Commissioner, and start over the twelve
(12) month period per City Council Policy 211 ("excused or unexcused absences
may not exceed 35% of the scheduled meetings in a twelve (12) month period.")
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
Council Member Freese requested agendizing at the upcoming December 6, 2011
meeting an extension to the Environmental Impact Report (EIR) comment period for the
Historic Town Center Master Plan.
ADJOURNMENT:
There b ng no further business Mayor pro tem Kramer adjourned the meeting
at '1'�'Q1 P.M. to Tuesday. December 6, 2011, at 5:00 p.m. for
Closecfj ee ion and 6:00 p.m. for the public Business Session, in the Council Chamber.
[9111
Approved: December 6,
A
RRY K MER, MAYOR
11/15/2011