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12-0103_CC_Minutes_Regular MeetingMINUTES JANUARY 3, 2012 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Mayor Kramer 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, Sam Allevato, Mayor pro tem John Taylor and Mayor Kramer 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(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. b. Pursuant to Government Code Section 54956.9(a), the City Council conferred with legal counsel pertaining to existing litigation in the matter of SJ Lot 217, LLC vs. City of San Juan Capistrano, et al. BUSINESS SESSION: Mayor Kramer called the City of San Juan Capistrano Mayor pro tem Taylor led the gave the invocation. Sadie "Star Spangled Banner." ROLL CALL Regular Meeting of the City Council of the to order at 6:18 p.m. in the City Council Chamber. Pledge of Allegiance and Council Member Allevato Faith Camacho, City resident, performed the COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, Sam Allevato, Mayor pro tem Taylor and Mayor Kramer 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 Closed Session Item 3-A due to a prior recusal. Li CITY CLERK ANNOUNCEMENT: Per Assembly Bill 23, Maria Moms, City Clerk, announced that each Redevelopment Agency Director is receiving a $30.00 stipend for conducting the Redevelopment Agency meeting. CITY COUNCIL REPORTS ON OUTSIDE AGENCIES: • American Public Works Association Annual meeting. • San Juan Hills Transportation Corridor Agency & Foothills/Eastern Transportation Corridor Agency Board of Directors' meetings. • Associated Senior Action Program (ASAP) Luncheon at the Vintage Restaurant. • Joint Auditing Finance Ad -Hoc Committee and Utilities Commission Meeting. • "Santa's Helper" at the Shea Center. • Meeting regarding Riding Park Sewer Agreement. INTRODUCTIONS AND PRESENTATIONS: PRESENTATION FROM AMERICAN PUBLIC WORKS ASSOCIATION REGARDING PROJECTS OF THE YEAR AWARDS TO THE CITY OF SAN JUAN CAPISTRANO (610.40) Nasser Abbaszadeh, Public Works Director, recognized the City of San Juan Capistrano for receiving Projects of the Year Awards for the Bus Shelter, Eastern Wells, and Junipero Serra Road and Rancho Viejo Road Intersection Improvement projects. Public Comments: • Clint Worthington, City resident, felt awards are given to agencies who pay membership fees to the association; felt improvements made on Junipero Serra Road and Rancho Viejo Road are flawed; and requested for the City to discontinue membership dues to associations and the acceptance of awards for city projects. Council Comments: • Felt that the Bus Shelter project enhances the beauty of the City and the downtown. 2. MAYOR PRO TEM TAYLOR INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Steve Behmerwohld and Ron Denman, Parks, Recreation and Senior Services Commission; Erica Delamari, Youth Advisory Board; Gerald Muir, Youth Advisory Board and Parks, Recreation and Senior Services Commission; Ilse Byrnes, Open Space, Trails and Equestrian Commission; and, Bob Cardoza, Design Review Committee. ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency • Thomas Whaling, City resident, suggested for Council to read the article entitled "Full Disclosure, Circling the Drain;" expressed the importance of establishing a "Council of Wisdom" to channel ideas and participation from residents in the community. • Kim McCarthy, City resident, spoke regarding the City's debt and read a letter submitted to the Capistrano Common Sense regarding water rates. 2 1/3/2012 r • Orrie Brown, City resident, spoke regarding the December Mayor's message and the use of transparency; and felt -that City decisions regarding the Utilities Department and the Groundwater Recovery Plant have not been transparent. • Ian Smith, City resident, expressed displeasure with recent decision to extend the Sierra Soils lease to March 2012, after meeting with City representatives who promised that the lease would terminate in December 2011. • Clint Worthington, City resident, spoke regarding Mayor's comments in a recent Patch article related to transparency; and spoke regarding the appointment of the new Mayor. CONSENT CALENDAR: Council Action: Moved by Council Member Freese, seconded by Council Member Allevato, and carried unanimously to approve consent calendar items 1, 2, 3, and 5 as recommended by staff with Council Member Reeve opposed to approve consent calendar item 7. 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2. CITY COUNCIL MINUTES — REGULAR MEETING OF DECEMBER 6, 2011, APPROVED. 3. CITY COUNCIL MINUTES — SPECIAL MEETING OF DECEMBER 20, 2011, APPROVED. 4. CHECK REGISTER DATED NOVEMBER 18 TO DECEMBER 15, 2011, IN THE TOTAL AMOUNT OF $7,764,662.48; PAYROLL (DIRECT DEPOSIT) DATED NOVEMBER 25, 2011, IN THE TOTAL AMOUNT OF $191,412.61; PAYROLL DATED DECEMBER 9, 2011, IN THE TOTAL AMOUNT OF $215,795.53; and PAYROLL CHECKS DATED DECEMBER 15 TO DECEMBER 16, 2011, IN THE TOTAL AMOUNT OF $29,198.87, RECEIVED AND FILED (300.30) Council Member Reeve abstained due to a refund payment made to his Homeowners Association. Cindy Russell, Chief Financial Officer/Treasurer, responded to questions. Council Comments: • Suggested to agendize the amount spent on dog waste bags to a future meeting. Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried 4-1 with Council Member Reeve abstained to receive and file. ROLL CALL: AYES: COUNCIL MEMBER: Freese, Taylor, Allevato and Mayor Kramer NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Reeve 3 1/3/2012 5. NEW DEVELOPMENT APPLICATIONS STATUS REPORT FROM NOVEMBER 16, 2011 THROUGH DECEMBER 15, 2011, RECEIVED AND FILED (440.10) 6. RESOLUTION 12-01-03-01 ADOPTED INITIATING A CODE AMENDMENT TO AMEND TITLE 9, LAND USE, OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING PUBLIC ASSEMBLY USES (420.30) Grant Taylor, Development Services Director, responded to questions. Council Action: Moved by Council Member Reeve, seconded by Council Member Freese, and carried unanimously to adopt RESOLUTION 12-01-03-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING A CODE AMENDMENT TO AMEND TITLE 9, LAND USE, OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING PUBLIC ASSEMBLY USES." 7. FOURTH AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS, INC. TO PROVIDE STATE AND FEDERAL GOVERNMENT ADVOCACY SERVICES FOR THE PERIOD OF JANUARY 1, 2012, THROUGH JUNE 30, 2012, FOR AN ADDITIONAL AMOUNT OF $30,000 DURING THE TERM OF THE AGREEMENT, NOT TO EXCEED $225,000 (600.30) PUBLIC HEARINGS: None SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Agency Agenda) ADMINISTRATIVE ITEMS: 71 G1 DEVELOPMENT SERVICES a. INTRODUCTION AND FIRST READING OF AN ORDINANCE DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES AS RECOMMENDED BY THE DIRECTOR OF FORESTRY AND FIRE PROTECTION, AND THE ORANGE COUNTY FIRE AUTHORITY (540.30) Fire Marshal Laura Blaul, Orange County Fire Authority, provided a PowerPoint presentation and responded to questions. Public Comments: • Ian Smith, City resident, expressed concern with the high fire zones surrounding his home, felt that the City should give a high priority, especially to the land owned by the City; and asked that the City look into ordinances that prohibit smoking in City and school trails. Mayor Kramer clarified that smoking is not permitted on the City's trail and signs are posted accordingly. • Clint Worthington, City resident, questioned the accuracy of the proposed fire zone maps; and felt that the City Council should bring back the item once the maps are accurate. • Richard Gardner, Capistrano Beach resident, thanked the City Council for bringing the issue forward; and felt that further research is needed on how to be prepared to fight fires. 4 1/3/2012 Council Comments: • The City is very proud of its open space, but need to be concern with the potential of fires and protect properties that are within open space proximity; and expressed the importance in educating residents that live within the fire hazard zones. • Requested notification letters sent out to impacted residents. Maria Morris, City Clerk, read the title of the ordinance. Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried unanimously to approve a the first reading and introduction of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES WITHIN THE CITY OF SAN JUAN CAPISTRANO." G2 CITY ATTORNEY a. UTILITIES ENTERPRISE (WATER AND SEWER) MANAGEMENT AND OPERATIONS AUDIT REPORT FROM RALPH ANDERSEN & ASSOCIATES, RECEIVED AND FILED; AND $20,210 APPROPRIATED FROM THE WATER ENTERPRISE OPERATIONS UNASSIGNED FUND BALANCE TO THE SEWER ENTERPRISE OPERATIONS FUND BUDGET (310.70) Omar Sandoval, City Attorney, provided a staff report and responded to questions. John Goss, Ralph Andersen & Associates, provided a PowerPoint presentation and responded to questions. Mike Segrest, Ralph Andersen & Associates, and West Curry, Assistant Utilities Director, responded to questions. Public Correspondence: • The following individuals submitted correspondence: Jim Reardon, City resident (2 letters); Dr. Roy Byrnes; and John Goss, Ralph Andersen & Associates. Public Comments: • Clint Worthington, City resident, recommended that the City retain the services of a Certified Public Accounting firm to run the financial reports for the Utilities department, as felt that the Financial Department could not be trusted; and felt that the City manager should outsource the entire Financial Department. • John Perry, City resident, felt that the City needs to implement a plan to address the findings in the audit report; and hoped that the Council will move forward to address the issues and. continue to involve the community. • Ian Smith, City resident, felt that the Auditing Finance Ad -Hoc Committee should have been given the opportunity to thoroughly study the audit report in order to provide proper recommendation to the City Council. 5 1/3/2012 • Jim Reardon, City resident, felt it was important to know the costs to operate the Groundwater Recovery Plant in order to know why there's a deficit; felt that a portion of the debt has been left out; and felt that the Utilities Enterprise needs to be formally separated from the City in order not to threat the City's general fund. • Dr. Roy Byrnes, City resident, felt that a basic problem is the structural relationship between the Groundwater Recovery Plant and the San Juan Basin Authority, and the City should look into renegotiating the relationship; and felt that it was inappropriate for a City the size of San Juan Capistrano to be in such venture. Council Comments: • Suggested going through the suggestions provided by Ralph Andersen & Associates during a City Council retreat. • Need to move ahead and look at all the recommendations provided in the audit report as soon as possible; and felt that substantial changes are needed in reporting, as reports are hard to understand. • Preference in going through the suggestions provided in the audit report during a special meeting rather than a Council retreat; would like to see an analysis presented to the City Council from the Utilities Commission and the Finance Auditing Ad -Hoc Committee. • Suggested having a long-term plan from the City Manager and the Utilities Director brought back to the City Council for further action; should look into renegotiate with San Juan basin Authority; and felt it was important to further analyze the contracts with the San Juan Basin Authority in regard to the Groundwater Recovery Plant ownership versus the Malcolm Pirnie report. • Need to move forward in addressing the recommendations provided in the audit report; felt that the City has been making progress in the last year, (such as finalizing a settlement with Chevron, wells are back operating including a few new wells, hired a Utilities Director and a City Manager who understands water and finance, and working in bringing the Groundwater Recovery Plant to full capacity); and expressed preference in looking at the rate structure not earlier than in the next six (6) months. • Stated that the Auditing Finance Ad -Hoc Committee has completed the work assigned by the City Council. Council Action: Moved by Council Member Freese, seconded by Council Member Allevato, and carried 4-1 with Council Member Reeve opposed to receive and file the Utilities Enterprise (Water and Sewer) Management And Operations Audit Report from Ralph Andersen & Associates; approve $20,210 to be appropriated from the Water Enterprise Operations Unassigned Fund Balance to account #60-51700-62402, and reduction of the Sewer Enterprise Operations Fund budget, account #70-51500-66104 by $20,210; and City Manager and Utilities Director to bring to the City Council a long-term plan (including an analysis of the twenty five (25) suggestions as proposed in the Utilities Audit Report by Ralph Andersen & Associates). 6 1/3/2012 ROLL CALL: AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None b. ORAL UPDATE ON THE SUPREME COURT DECISION REGARDING REDEVELOPMENT AGENCIES (ASSEMBLY Bill 1X 26 AND ASSEMBLY BILL 1X 27) — ITEM DISCUSSED DURING THE COMMUNITY REDEVELOPMENT AGENCY MEETING (400.80) Omar Sandoval, City Attorney, provided an oral update and responded to questions. Public Comments: • Tony Brown, City resident, urged the City Council to dissolve the Redevelopment Agency and not to be involved with affordable housing; and asked the City Council not to spend tax payer's funds in trying to maintain the Redevelopment Agency. • Jim Reardon, City resident, expressed the need to urgently look into matters involving affordable housing so the City does not lose local control; stated that taking the role of the successor agency means taking the overhead cost as well; and felt that the Council needs to be creative and pay attention to the details with the parcels that can be potentially affected. Council Comments: • Need to develop a strategy to encumber questionable areas/parcels (such as portion of the Los Rios Park - Phase 2). • Felt that passage of Assembly Bills X1 26 and X1 27 was intended as a measure to balance the State's budget rather than to dissolve redevelopment agencies; and felt that the current housing in -lieu fees should be reconsidered by the City Council. ORDINANCES: H1. ORDINANCE NO. 990 ADOPTED AMENDING CHAPTER 2 OF TITLE 7 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO STATE VIDEO FRANCHISE PROVIDERS (1000.40) 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 adoption of Ordinance No. 990 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." 7 1/3/2012 COUNCILMANIC ITEMS: 1. APPOINTMENTS OF CITY COUNCIL REPRESENTATIVE TO OUTSIDE AGENCIES AND SUBCOMMITTEES (610.60) Maria Moms, City Clerk, summarized the agenda report. Moved by Council Member Freese, seconded by Council Member Allevato, and carried unanimously to make the following appointments: League of Cities — Orange County Division John Taylor, Member Larry Kramer, Alternate Orange County Library Advisory Board Laura Freese, Member John Taylor, Alternate San Juan Basin Authority Laura Freese, Member Larry Kramer, Alternate Desalinization Project Participate Committee Larry Kramer, Member Laura Freese, Alternate South Orange County Watershed Manaaement Area (SOCWMA) Laura Freese, Member Larry Kramer, Alternate California Joint Powers Insurance Authority Moved by Council Member Freese, seconded by Council Member Reeve, and carried 3-0, with Mayor pro tem Taylor and Mayor Kramer recused to make the following appointments to the California Joint Powers Insurance Authority: Mayor pro tem Taylor and Mayor Kramer recused themselves due to the stipend and left the City Council Chamber. John Taylor, Member Larry Kramer, Alternate ROLL CALL: AYES: COUNCIL MEMBER: Freese, Reeve and Allevato NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER: Mayor pro tem Taylor and Mayor Kramer 8 1/3/2012 Southern California Association of Governments (SCAG) Moved by Council Member Freese, second by Mayor pro tem Taylor and carried 3-0, with Council Member Allevato and Mayor Kramer recused to make the following appointments to the Southern California Association of Governments (SCAG): Council Member Allevato and Mayor Kramer recused themselves due to the stipend and left the City Council Chamber. Sam Allevato, Member Larry Kramer, Alternate ROLL CALL: AYES: COUNCIL MEMBER: Freese, Reeve and Mayor pro tem Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER: Allevato and Mayor Kramer Orange County Fire Authority (OCFA) Moved by Mayor Kramer, seconded by Council Member Reeve and carried 3-0, with Council Member Allevato and Mayor pro tem Taylor recused to make the following appointments to the Orange County Fire Authority (OCFA): Council Member Allevato and Mayor pro tem Taylor recused themselves due to the stipend and left the City Council Chamber. Sam Allevato, Member Ir John Taylor, Alternate ROLL CALL: AYES: COUNCIL MEMBER: Freese, Reeve and Mayor Kramer NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER: Allevato and Mayor pro tem Taylor South Orange Countv Wastewater Authoritv Joint Powers Authority (SOCWA) Moved by Council Member Reeve, seconded by Council Member Allevato and carried 3-0, with Council Member Freese and Mayor Kramer recused to make the following appointments to the South Orange County Wastewater Authority Joint Powers Authority (SOCWA): Council Member Freese and Mayor Kramer recused themselves due to the stipend and left the City Council Chamber. Laura Freese, Member Lary Kramer, Alternate 9 1/3/2012 2. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Allevato and Mayor pro tem Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER: Freese and Mayor Kramer Transportation Corridors Agencies (Foothill/Eastern & San Joaquin Hills) Moved by Mayor Kramer, seconded by Council Member Reeve and carried 3-0, with Council Member Allevato and Mayor pro tem Taylor recused to make the following appointments to the to make the following appointments to the Transportation Corridors Agencies (Foothill/Eastern 241 Toll Road & San Joaquin Hills 73 Toll Road): Council Member Allevato and Mayor pro tem Taylor recused themselves due to the stipend and left the City Council Chamber. Sam Allevato, Member John Taylor, Alternate ROLL CALL: AYES: COUNCIL MEMBER: Freese, Reeve and Mayor Kramer NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER: Allevato and Mayor pro tem Taylor VACANCY DECLARED ON THE CULTURAL HERITAGE COMMISSION (110.20) Maria Morris, City Clerk, provided a staff report. Council Action: Moved by Council Member Allevato, seconded by Council Member Reeve, and carried unanimously to declare a vacancy on the Cultural Heritage Commission; and City Clerk directed to solicit applications to fill the vacancy. 3. DISCUSSION REGARDING MUNICIPAL SIGNS (410.40) Public Comments: • Tom Hribar, City resident, expressed concern with over proliferation of municipal signs; requested to be a member of a Mayor's subcommittee for signs; and responded to questions. Council Comments: • Need to be mindful of any legality to remove or alter municipal signs; recommended working closely with staff. • Expressed importance of utilizing volunteers; and felt it would help revitalize the downtown. • Felt many trail signs have disappeared. 10 1/3/2012 4. 5. Council Action: Moved by Council Member Freese, seconded by Council Member Taylor, and carried unanimously to have Mayor Kramer and former Council Member Tom Hribar work with staff and bring back a report to the City Council regarding municipal signs. DISCUSSION OF THE INTEGRATED SOLID WASTE AGREEMENT WITH CR&R, INC. (600.30) Public Comments: • Dean Ruffridge, Senior Vice -President CR -&R, provided information regarding the franchise agreement and fees; and responded to questions. • Jim Reardon, City resident, suggested reviewing the terms of the agreement on a yearly basis. • Clint Worthington, City resident, felt residents are due a credit for overcharges on CR&R bills; and expressed concerned with liquid waste leakage from CR&R trucks onto city streets. • Ian Smith, City resident, felt CR&R should voluntarily agree to a rebidding process; and felt that some Council members have a conflict of interest with accepting campaign contributions from city-wide contractors. • Dusty Otero, City resident, felt that CR&R does a good job. Council Comments: • Requested the revised rates be provided to the City Council; felt it was important for the agreement to be monitored closely. • Requested staff to provide the City Council with the amount received from the franchise fees; and felt staff should meet with CR&R representatives in order to find favorable solutions for the City. Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried unanimously to bring on a yearly basis to the City Council for review the Integrated Solid Waste Agreement with CR&R, Inc. DISCUSSION REGARDING GUIDELINES FOR INVOCATIONS — CONTINUED TO JANUARY 17, 2012 (610.15) 11 113/2012 ADJOURNMENT: There being no further business Mayor Kramer adjourned the meeting at 12:02 a.m. to Tuesday, January 17, 2012, at 5:00 p.m. for Closed Session and 6:00 p.m. for the publio,Business Session, in the Council Chamber. RespII submitted, 111 NW 1ti�R RRIS, ClInLERK Approved: January 17, 2012 � �t� EK•- 12 1/3/2012