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11-1206_CC_Minutes_Regular MeetingMINUTES DECEMBER 6, 2011 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Mayor Allevato called the Regular Meeting of the City Council to order at 5:07 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 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 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. 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. C. 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. BUSINESS SESSION: Mayor Allevato called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 6:24 p.m. in the- City -Council -Chamber. Mayor pro tem Kramer led the Pledge of Allegiance and Gary Stache, City resident, gave the invocation. Jessica Castillo and Tinsley Moser, Capistrano Valley Christian School performed the "Star Spangled Banner." ROLL CALL COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor, Mayor pro tem Larry Kramer and Mayor 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: Council Member Freese announced that she recused herself from Close Session Item -13 due to a business relationship and Item -C due to statements made at a prior City Council meeting. CITY COUNCIL REPORTS ON OUTSIDE AGENCIES: • Association of California Cities Orange County Redevelopment Taskforce Ad -Hoc Committee meeting. • Vector Control meeting. • South Orange County Wastewater Authority meeting. • Tree Lighting Ceremony. • Metrolink "Holiday Toy Express" Event. • Community Outreach gathering for the Downtown Master Plan. • Transportation Corridor Agency Cinco Cities meeting. • Orange County Fire Authority meeting. • League of California Cities Legislature Briefing. , • Mayor's meeting. • Association of California Cities Orange County Wireless Networking meeting. • League of California Cities Orange County Division meeting. • Casa de Ama resident meeting. • Transportation Corridor Agency Mobility Ad -Hoc Committee meeting. • Orange County Fire Authority interview panelist for Assistant Fire Chief position. • Mayor Allevato thanked staff for all the successful holiday events. • Councilmember Reeve recognized the local Boy Scout Troops for their attendance at City Council meetings. JOINT MEETING: CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY REGORANIZATION: 1. PUBLIC COMMENTS: • Kim McCarthy, spoke in support of Council Member Freese for Mayor, as felt that she has served her time; and felt that Mayor pro tem Kramer has not been in the City Council long enough to be selected as Mayor. • Zoey Martinez, Mayor Allevato's granddaughter, thanked him for his term as Mayor. Mayor Allevato commented on accomplishments made by the City Council during his term as Mayor. 2. LARRY KRAMER SELECTED TO SERVE AS MAYOR AND JOHN TAYLOR SELECTED TO SERVE AS MAYOR PRO TEMPORE OF THE CITY OF SAN JUAN CAPISTRANO CITY COUNCIL, TERMS ENDING DECEMBER 2012. (630.20) Maria Morris, City Clerk, called for nominations for the office of Mayor. Council Action: Moved by Council Member Taylor, seconded by Mayor Allevato, and carried 3-2 with Council Member Freese and Council 71 2 12/06/2011 Member Reeve opposed, to select Larry Kramer as Mayor, term ending December 2012. ROLL CALL: AYES: COUNCIL MEMBER: Taylor, Kramer and Mayor Allevato NOES: COUNCIL MEMBER: Freese and Reeve ABSENT: COUNCIL MEMBER: None Maria Morris, City Clerk, called for nominations for the office of Mayor pro tem. Council Action: Moved by Council Member Allevato, seconded by Mayor Kramer, and carried unanimously to select John Taylor as Mayor pro tem, term ending December 2012. Mayor Kramer and Mayor pro tem Taylor commented on their upcoming terms. Mayor Kramer presented flowers to Mrs. Vicki Allevato, and a plaque of appreciation to outgoing Mayor Allevato. 3. RESOLUTION NO. 11-12-06-01 ADOPTED AUTHORIZING THE CURRENT OFFICERS OF THE CITY TO INVEST FUNDS AND DRAW CHECKS ON CITY BANK ACCOUNTS. (320.10) Maria Morris, City Clerk, summarized the agenda report. Council Action: Moved by Council Member Freese, seconded by Council Member Allevato, and carried unanimously, to adopt Resolution No. 11-12-06-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DELEGATING TO THE CITY TREASURER AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST CITY FUNDS, AUTHORIZING SIGNATURES AND REPEALING RESOLUTION NO. 10-12-07-02." 4. LAURA FREESE SELECTED AS CHAIR AND JOHN TAYLOR SELECTED AS VICE -CHAIR OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS, TERMS ENDING DECEMBER 2011. (400.10) Maria Morris, Agency Secretary, called for nominations for Chair. Board Action: Moved by Director Kramer, seconded by Vice -Chair Taylor, and carried unanimously, to select Laura Freese to serve as Chair, term ending December 2012. Maria Morris, Agency Secretary, called for nominations for Vice Chair. Board Action: Moved by Chair Freese, seconded by Director Allevato, and carried unanimously to select John Taylor to serve as Vice -Chair, term ending December 2012. 3 12/06/2011 5. CRA RESOLUTION' NO. 11-12-06-01 ADOPTED AUTHORIZING THE DEPOSIT AND INVESTMENT OF FUNDS AND SIGNATURES ON THE COMMUNITY REDEVELOPMENT AGENCY ACCOUNTS. (320.10) Maria Morris, Agency Secretary, summarized the agenda report. Board Action: Moved by Chair Freese, seconded by Director Allevato and carried unanimously, to adopt Resolution No. CRA 11-12-06-01, entitled "A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY DELEGATING TO THE AGENCY FINANCE OFFICER AUTHORITY TO DEPOSIT AGENCY FUNDS AND TO INVEST AND REINVEST AGENCY FUNDS, AUTHORIZING SIGNATURES, AND REPEALING RESOLUTION NO. 10-12-07-01." Maria Morris, City Clerk/Agency Secretary, recessed the meeting of the Community Redevelopment Agency Board of Directors and turned the meeting over to Mayor Kramer. INTRODUCTIONS AND PRESENTATIONS: 1. PRESENTATION REGARDING WEBCASTING OF CITY COUNCIL MEETINGS (LIVE AND ON DEMAND VIDEO STREAMING) — BY GRANICUS, INC. (640.10) Ed Burrell, Granicus, Inc., provided a PowerPoint presentation and responded to questions. Maria Moms, City Clerk, responded to questions. (Please see minutes for related item Hl a) Public Comments: • Steve Behmerwohld, City resident, expressed support for webcasting City Council meetings; and felt that PowerPoint presentations should be posted on the City's website simultaneously with the agenda in order to provide transparency. 2. MAYOR PRO TEM TAYLOR INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Steve Behmerwohld, Kathy Hooper and Ron Denman, Parks, Recreation and Senior Services Commission; Gerald Muir, Youth Advisory Board and Parks, Recreation and Senior Services Commission; Ginny Kerr, Planning Commission; Ilse Byrnes and Tom Ostensen, Open Space, Trails and Equestrian Commission; E.J. Constantine, Transportation Commission; Jan Siegel, Cultural Heritage Commission; Bob Cardoza, Design Review Committee; and Mary Ellen West, San Juan Seniors ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency • Travis Engel, City resident, spoke about his continuous efforts of having a BMX Style Bike Park in the City; and the demolition of an "illegal" bike park near Las Flores/Ladera Ranch area. • Peter Carey, City resident and Capistrano Futbol Club director, spoke regarding the success of the club; and expressed the desire for open soccer fields in the Northwest Open Space area. Council Member Allevato thanked the club for their efforts to keep kids out of gangs and will look into getting soccer fields in the Northwest Open Space. 4 12/06/2011 • The following individuals asked the City Council for assistance with their Homeowners' Association stringent rules and enforcement regarding children playing within the Associations outdoor common areas: Louise Gaiser, City resident; Perla Fabian Hernandez, City resident; Daisy Reyes, City resident; Gabriela Ramirez, City resident; Margarita Carvajal, City resident; and Karelyn L De LaTorre, City resident. CONSENT CALENDAR: Council Action: Moved by Council Member Allevato, seconded by Council Member Reeve, and carried unanimously to approve consent calendar items 1 through 8, 10, 13, 19 and 21 a s recommended by staff with Council Member Reeve abstained from consent calendar E2 and opposed to consent calendars E10 and E19; and Council Member Allevato abstained from consent calendar E3. 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2. CITY COUNCIL MINUTES — SPECIAL MEETING OF OCTOBER 11, 2011, APPROVED. ROLL CALL: AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Reeve 3. CITY COUNCIL MINUTES — REGULAR MEETING OF NOVEMBER 15, 2011, APPROVED. ROLL CALL: AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Allevato 4. CHECK REGISTER FOR AN ELECTRONIC TRANSACTION DATED NOVEMBER 2, 2011, IN THE TOTAL AMOUNT OF $5.00; CHECK REGISTER FOR AN ELECTRONIC DATED NOVEMBER 3, 2011, IN THE TOTAL AMOUNT OF $802.40; CHECK REGISTER DATED NOVEMBER 5 TO NOVEMBER 17, 2011, IN THE TOTAL AMOUNT OF $841,699.45; AND PAYROLL (DIRECT DEPOSIT) DATED NOVEMBER 11, 2011, IN THE TOTAL AMOUNT OF $181,642.23; AND PAYROLL DATED NOVEMBER 11, 2011, IN THE TOTAL AMOUNT OF $1,653.85, RECEIVED AND FILED (300.30) 5. RESOLUTION 11-12-06-02 ADOPTED, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING DESIGNATED FLEET INVENTORY AS SURPLUS" 5 12/0612011 6. THIRD AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH MUNI TEMPS FOR STAFFING SERVICES FOR THE VACANT POSITION OF ACCOUNTING MANAGER, IN AN AMOUNT NOT TO EXCEED $74,500, APPROVED (600.30) 7. 2012 STREET BANNER CALENDAR FOR BANNER INSTALLATION AT THE INTERSECTION OF CAMINO CAPISTRANO AND DEL OBISPO STREETS, APPROVED (410.40) 8. PERSONAL SERVICES AGREEMENT FOR GRAFFITI REMOVAL AND MAINTENANCE SERVICES WITH INSLEY CONSTRUCTION, INC., APPROVED (600.30) 9. PERSONAL SERVICES AGREEMENT FOR PARK, RIGHT-OF-WAY, AND FACILITY LIGHTING MAINTENANCE SERVICES WITH KIERNAN ELECTRIC, INC. DBA EXCEL ELECTRIC FOR A THREE-YEAR TERM, WITH THREE ONE-YEAR OPTIONAL EXTENSIONS, SUBJECT TO AVAILABLE FUNDING IN THE OPERATIONAL BUDGET, APPROVED (600.30) Jill Thomas, Senior Management Analyst, and Nasser Abbaszadeh, Public Works Director, responded to questions. Public Correspondence: • Joseph M. Rossini, Atkinson, Andelson, Loya, Ruud & Romo, submitted correspondence dated November 23, 2011, protesting the recommendation to select Kiernan Electric, Inc. dba Excel Electric. Public Comments: • Warren Gonyea, C & D Electric, Inc., asked the City Council to consider starting over the Request for Proposal (RFP) process; felt there were wage rates discrepancies between journeymen electricians and maintenance electricians within the proposals; and responded to questions from the City Council. • Tom Kiernan, Kiernan Electric, Inc. dba Excel Electric, spoke regarding Excel Electric's reputation with the City; and asked the City Council to -- - -----approve-staf#-s-recommendation. Council Action: Moved by Council Member Freese, seconded by Council Member Allevato, and carried 4-1 with Council Member Reeve opposed to approve a Personal Services Agreement for park, right-of-way, and facility lighting maintenance services with Kiernan Electric, Inc. dba Excel Electric for a three-year term, with three one-year optional extensions, subject to available funding in the operational budget. r ROLL CALL: AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None E 6 12/06/2011 10. AWARD OF CONTRACT FOR THE IRRIGATION SYSTEM AND WATER SOURCE CONNECTION PROJECT FOR THE EAST OPEN SPACE LEMON GROVE SITE, PARCEL NO. 8 (CIP NO. 11202) TO ALLIED SPRINKLER CO., INC. IN THE AMOUNT OF $123,200 AND ALL OTHER BIDS REJECTED; AND CITY MANAGER AUTHORIZED TO DIRECT A 10% CONTINGENCY IN CONSTRUCTION COST AS NEEDED (CITY COUNCIL PRIORITY NO. 3) (600.30) ROLL CALL: AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None 11. FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH KEETON KREITZER CONSULTING FOR ADDITIONAL BIOLOGICAL SURVEY FOR ENVIRONMENTAL STUDY OF THE SAN JUAN CREEK ROAD WIDENING PROJECT (CIP NO. 07117) (600.30) Nasser Abbaszadeh, Public Works Director, responded to questions. Council Action: Moved by Council Member Freese, seconded by Council Member Allevato, and carried unanimously to approve First Amendment to Personal Services Agreement with Keeton Kreitzer Consulting for additional biological survey for environmental study of the San Juan Creek Road widening project. 12. CONSIDERATION OF EARLY APPROVAL FOR THE 2012 ORANGE TRIATHLON BICYCLE COURSE ON SUNDAY, AUGUST 26, 2012 — ITEM PULLED FROM THE AGENDA BY STAFF (150.60) 13. NEW DEVELOPMENT APPLICATIONS STATUS REPORT FROM OCTOBER 16, 2011, THROUGH NOVEMBER 15, 2011, RECEIVED AND FILED (440.10) 14. REVIEW AND COMMENT PERIOD ON THE DRAFT PROGRAM __ ENVIRONMENTAL IMPACT REPORT (PEIR) EXTENDED TO TUESDAY, _ JANUARY 17, 2012 (400.20) Bill Ramsey, Principal Planner, responded to questions. Council Action: Moved by Council Member Mayor pro tem Taylor, and carried unanimously to comment period on the Draft Program Environmental Tuesday, January 17, 2012. Freese, seconded by extend the review and Impact Report (PEIR) to 7 12/06/2011 15. STAFF DIRECTED TO INITIATE A CODE AMENDMENT TO PROVIDE APPROPRIATE AREAS WITHIN THE CIN TO LOCATE SUPPORTIVE HOUSING THAT INCLUDES TRANSITIONAL HOUSING, AND ACCOMMODATES AT LEAST ONE YEAR-ROUND EMERGENCY HOMELESS SHELTER, AS REQUIRED BY SENATE BILL NO. 2. (430.30) Laura Stokes, Housing Coordinator, responded to questions. Council Comments: Felt that San Juan Capistrano has all the perfect ingredients in place (established social services) to be overrun if homeless shelters are established in the City. Council Action: Moved by Council Member Freese, seconded by Mayor pro tem Taylor, and carried 4-1 with Council Member Reeve opposed to direct staff to initiate a code amendment to provide appropriate areas within the City to locate supportive housing that includes transitional housing, and accommodates at least one year-round emergency homeless shelter, as required by Senate Bill No. 2. ROLL CALL: AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None 16. THIRD AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH ANDERSON-PENNA PARTNERS, INC. FOR CODE ENFORCEMENT SERVICES IN AN AMOUNT NOT TO . EXCEED $54,450 FROM JANUARY 1, 2012, TO JUNE 30, 2012, APPROVED (600.30) Public Comments: Steve Behmerwohld, spoke in favor of extending the code enforcement services agreement; and felt that Anderson -Penna Partners, Inc. provide the City with professional services. Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried 4-0 with Mayor pro tem Taylor absent (stepped out of the Council Chamber) to approve Third Amendment to Personal Services Agreement with Anderson -Penna Partners, Inc. for code enforcement services in an amount not to exceed $54,450 from January 1, 2012, to June 30, 2012. ROLL CALL: AYES: COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor Kramer NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Taylor (stepped out of the Council Chamber) n 8 12/06/2011 17. LICENSE AGREEMENT WITH THE JUANENO BAND OF MISSION INDIANS FOR USE OF A PORTION OF THE LACOUAGUE BUILDING AT 31411 LA MATANZA STREET, APPROVED (600.30) Cynthia Alexander, Community Services Manager, responded to questions. Council Comments: Felt that the License Agreement should be increased by 5% in order to recover the City's associated costs. Council Action: Moved by Council Member Reeve, seconded by Council Member Freese, and carried unanimously to approve a License Agreement with Juanerio Band of Mission Indians for use of a portion of the Lacouague building at 31411 La Matanza Street. 18. TEMPORARY USE AGREEMENT WITH REVOLUTION ROLLER HOCKEY, LLC FOR USE OF THE ROLLER HOCKEY/MULTIPURPOSE FACILITY LOCATED ON THE GROUNDS OF MARCO FORSTER MIDDLE SCHOOL LOCATED AT 3 VIA POSITIVA, APPROVED (600.30) Cynthia Alexander, Community Services Manager, responded to questions. Omar Sandoval, City Attorney, stated that staff is recommending that the term of the Temporary Use Agreement be from December 6, 2011, to March 16, 2012. Public Comments: • David Tran, Capo Arena Soccer, would like the opportunity to continue using the facilities for an indoor soccer arena; and responded to questions. Council Action: Moved by Council Member Freese, seconded by Mayor pro tem Taylor, and carried unanimously to approve a Temporary Use Agreement for the term of December 6, 2011, to March 31, 2012, with Revolution Roller Hockey, LLC for the use of the Roller Hockey/Multipurpose facility located on the grounds of Marco Forster Middle School located at 3 Via Positiva. 19. FORMAL BIDDING PROCESS TO PURCHASE REVERSE OSMOSIS MEMBRANES FOR THE GROUNDWATER RECOVERY PLANT, WAIVED; AND PURCHASE OF REVERSE OSMOSIS MEMBRANES FOR $50,215, FROM TORAY MEMBRANES USA, INC., APPROVED (370.30) ROLL CALL: AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None 9 12/06/2011 20. APPROVE AN EQUESTRIAN AND SPORTS FIELD ACCESS AND USE LICENSE AGREEMENT WITH BLENHEIM FACILITY MANAGEMENT, LLC FOR A ONE YEAR TERM FOR THE USE OF THE CITY'S RANCHO MISSION VIEJO RIDING PARK AT SAN JUAN CAPISTRANO (600.30) Public Comments: • Bill Hodge, Hodge & Associates, representing Sierra Soil Products, Inc., asked for the City Council to continue the item in order to work with staff to find an amenable date to vacate that would provide sufficient time to relocate their business. Council Comments: • Concerns were expressed regarding odor complaints coming from Sierra Soil from adjacent residents. • Supported extending the date of vacation until March 31, 2012; but expressed concern with odor mitigation issues affecting adjacent residents. Council Action: Moved by Council Member Freese, seconded by Mayor pro tem Taylor, and carried unanimously to approve an Equestrian and Sports Field Access and Use License Agreement with Blenheim Facility Management, LLC for a one year term for the use of the City's Rancho Mission Viejo Riding Park at San Juan Capistrano; and extending the vacation date for Sierra Soil Products, Inc. to March 31, 2012. 21. RESOLUTION 11-12-06-03 ADOPTED, ENTITLED uA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ANNUAL MEASURE M2 EXPENDITURE REPORT" (820.25) PUBLIC HEARINGS: None SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Agency Agenda) ADMINISTRATIVE ITEMS: a�d��'ly��:f 1 a. PERSONAL SERVICES AGREEMENT WITH GRANICUS, INC. FOR A WEBCASTING MEDIA SOLUTION, VIDEO EQUIPMENT AND MONTHLY MANAGEMENT SERVICES; AND PROFESSIONAL VIDEO SERVICES, INCLUDING MONTHLY MAINTENANCE SERVICE, AND AN ADDITIONAL COST TO VIDEOTAPE FOUR (4) ADDITIONAL MEETINGS, IF NEEDED, FOR A TOTAL AMOUNT OF $18,246.25 (600.30) Maria Morris, City Clerk, provided a PowerPoint presentation and responded to questions. Ed Burrell, Granicus, Inc. responded to questions. 10 12/06/2011 L' Public Comments: • E.J. Constantine, City resident, expressed concern that components of the program do not appear to create transparency; and, questioned if the program is a need or want of the City Council and staff. Council Comments: • Felt the program is a need as ' most municipalities have live televised meetings available. Felt the City is behind with providing this type of technology and is a small step towards having more information available for the public. Expressed that from the comfort of home, residents will be able to see how the meeting was conducted. Felt communication is 90 percent non-verbal, 10 percent verbal. Has seen televised meetings abused because people like to "grand stand" and can cause lengthier meetings. Is in favor for anything that can cause staff to be more efficient and provide a better service. • The City has looked into using local cable services to air live meetings but realized not everyone has cable. Anyone with access to a computer will have the ability to watch the meetings. • Felt this is fulfilling a campaign promise to make City government more accessible. Ideally would prefer to have it on television but need to be frugal. The benefit with having it online is it is archived. Preference to have one camera. • Originally not in support of the program. Felt staff time can be reduced and will provide transparency. Preference to have one camera and not pursue the purchase of additional television screens. Preference to reevaluate the program after the 18 month contract term. • Felt the additional televisions within the Chamber are not necessary. Likes the search function as it could reduce the number of requests received by the City Clerk's office. Council Action: Moved by Council Member Freese, seconded by Council Member Reeve, and carried unanimously to approve a Personal Services Agreement with Granicus, Inc. for a webcasting media solution, video equipment and installation for a term of eighteen (18) months with three (3) additional terms of one (1) year each; and monthly management services until June 30, 2012, for video professional services, including the monthly maintenance/license services, and additional cost to videotape four (4) additional meetings, if needed, for a total amount of $18,246.25; and purchase and installation of two televisions for the City Council Chamber not to be considered at this time. H2 PUBLIC WORKS a. RESOLUTION 11-12-06-04 ADOPTED DECLARING THE WORK FOR THE JUNIPERO SERRA ROAD AND RANCHO VIEJO ROAD INTERSECTION IMPROVEMENT PROJECT COMPLETE, ACCEPTED AND APPROVED (600.30) 11 12/06/2011 Khoon Tan, Associate Engineer, provided a staff report and responded to questions. Nasser Abbaszadeh, Public Works Director responded to questions. Council Comments: • Stressed the importance of notifying the City Council in a timely matter of any upcoming change orders. Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried unanimously to adopt RESOLUTION 11-12-06-04 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DECLARING THE WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE JUNIPERO SERRA ROAD AND RANCHO VIEJO ROAD INTERSECTION IMPROVEMENT PROJECT (PETERSON -CHASE ENGINEERING CONSTRUCTION, INC., CIP NO. 07116)'; City Clerk directed to process the recording of the Notice of Completion; staff authorized to release the 10% retention, in the amount of $107,688.24 35 days after recordation; Amendment No. 2 to the Personal Services Agreements with Paul A. Moote & Associates, Inc., in the amount of $62,620.85, approved; and appropriation of $3,800 to account No. 01-83616-64113-00000- 0000 for maintenance of newly constructed landscape areas for the remainder of Fiscal Year 2011-2012, approved. H3 UTILITIES DEPARTMENT a. PAYMENT OF THE CITY'S SHARE OF THE REDESIGN OF THE IRVINE RANCH WATER DISTRICT RECYCLING PLANT BIOSOLIDS FACILITY PROJECT THROUGH OCTOBER 10, 2011 PURSUANT TO THE LETTER OF INTENT, AUTHORIZED (810.60) Ziad Mazboudi, Senior Civil Engineer, provided a staff report and responded to questions. Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Taylor, and carried 3-0-1 with Council Member Freese absent (stepped out of the Council Chamber), and Council Member Reeve opposed to authorize payment of the City's share of the redesign of the Irvine Ranch Water District Recycling Plant Biosolids Facility Project through October 10, 2011, pursuant to the Letter of Intent; and $22,932.07 appropriated to account 70-94834-62250-00000-000 from the sewer enterprise operations reserve fund. ROLL CALL: AYES: COUNCIL MEMBER: Allevato, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: Freese (stepped out of the Council Chamber) n 12 12/06/2011 H4 CITY ATTORNEY a. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 7 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO STATE VIDEO FRANCHISE PROVIDERS (1000.40) Omar Sandoval, City Attorney, provided a staff report and responded to questions. Council Comments: • Clarified that the City has never charged its residents any Public, Educational, or Governmental (PEG) fees. Maria Morris, City Clerk read the title of the ordinance. Council Action: Moved by Council Member Freese, seconded by Council Member Reeve, and carried unanimously to approve the introduction and first reading of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING AND RESTATING CHAPTER 2 OF TITLE 7 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO STATE VIDEO FRANCHISE HOLDERS." ORDINANCES: None COUNCILMANIC ITEMS: 1. CONSIDERATION OF APPOINTMENT OF CITY COUNCIL REPRESENTATIVES TO OUTSIDE AGENCIES — CONTINUED TO JANUARY 3, 2012. 2. DISCUSSION REGARDING MUNICIPAL SIGNS — CONTINUED TO JANUARY 3, 2012. (410.40) Nasser Abbaszadeh, Public Works Director, provided a brief update on the condition of the municipal signs. 3. ADULT ADVISOR VACANCY DECLARED ON THE YOUTH ADVISORY BOARD (110.20) Public Comments: • Norma Aronne, City resident, felt that she had to resign her seat as Adult Advisor in the Youth Advisory Board due to findings in her background check report; she explained the findings to the City Council; and responded to questions. Council Comments: Willing to give Ms. Aronne the opportunity to prove that there were errors with the findings in the background check. . Felt it was in the best interest of the board to declare an Adult Advisor vacancy in the Youth Advisor Board. 13 12/06/2011 Council Action: Moved by Council Member Freese, seconded by Council Member Allevato, and carried unanimously to declare an Adult Advisor vacancy on the Youth Advisory Board; and directed the City Clerk to advertise the vacancy and to solicit for applications. Council Member Reeve requested to agendize the solid waste contract to a future meeting. Council Member Allevato mentioned the importance of having non-sectarian invocations during City Council meetings; and felt that the matter might need to be agendized for a future City Council meeting. ADJOURNMENT: There being no further business Mayor Kramer adjourned the meeting at 11:12 p.m. to Tuesday, January 3, 2012, at 5:00 p.m. for Closed Session and 6:00 p.m. for the public Business Session, in the Council Chamber. submitted, Approved: January 3, 14 12/06/2011 F