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
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12 1/3/2012