12-0320_CC_Minutes_Regular MeetingMINUTES
MARCH 20, 2012
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Kramer called the Regular Meeting of the City Council to order at
5:10 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Mayor pro tem John Taylor and
Mayor Kramer
COUNCIL MEMBERS ABSENT: Derek Reeve and Sam Allevato
PUBLIC COMMENT: None
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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 facts or circumstances not yet known to the potential
plaintiff(s).
b. 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 the claim for damages brought by
Jo Anne Ferguson.
BUSINESS SESSION:
Mayor Kramer called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:13 p.m. in the City Council Chamber.
City Council Member Allevato led the Pledge of Allegiance and Mayor pro tem Taylor
gave the Invocation.
ROLL CALL
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: None.
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CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• South Orange County Wastewater Agency meeting.
• Association of California Cities — Orange County meeting.
• City Council meeting with Congressman Ken Calvert.
• "Annual Bell Ringing — St. Joseph's Day and Return of the Swallows Celebration" at
the Mission. 7
• Transportation Corridor Agencies meeting.
• "EI Presidente Ball."
• Mothers Against Drunk Driving Orange County Luncheon.
• Los Angeles Marathon.
• Laura's House meeting.
• Tour of the Great Park.
• Second Saturday Art Fair.
• Girl Scout's 100th Birthday Party at the Nixon Library in Yorba Linda.
• Meeting with Continuing Life Communities (CLC).
• Meeting regarding homeless issues.
• Impound Procedures meeting with Chief of Police Services.
• South Orange County Association of Mayors breakfast.
• Gate House presentation at the Mission.
• Orange County Transportation Authority meeting.
• Announcement of the San Diego Gas & Electric Reliability Project Aesthetics and
Mitigation team.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM TAYLOR INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Gerald Muir, Youth Advisory Board and Parks, Recreation
and Senior Services Commission; Kathy Hooper and Steve Behmerwohld,
Parks, Recreation and Senior Services Commission; Al King and Tom Ostensen,
Open Space, Trails and Equestrian Commission; Jan Siegel and Lori Porter,
Cultural Heritage Commission.
ORAL COMMUNICATIONS:
• Lori Porter, City resident; Michelle Kelly, City resident; and Peter Carey, Capistrano
Soccer Club.
CONSENT CALENDAR:
Council Action: Moved by Council Member Allevato, seconded by Council Member
Freese, and carried unanimously to approve consent calendar items 1, 3, 4, 5, 7
through 10 as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF MARCH 6, 2012,
APPROVED.
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Council Action: Moved by Mayor pro tem Taylor, seconded by Council Member
Allevato, and carried unanimously to approve the Minutes of the Regular Meeting
of March 6, 2012, with typographical correction: "Cite and Release" instead of
"Silent Release" to page 3, under Oral Communications.
3. CHECK REGISTER DATED FEBRUARY 24, 2012, TO MARCH 8, 2012, IN
THE TOTAL AMOUNT OF $1,253,675.83; AND PAYROLL CHECK DATED
MARCH 2, 2012, IN THE TOTAL AMOUNT OF $186,875.61, RECEIVED AND
FILED (300.30)
4. FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH
MICHAEL BLAZENSKI TO PROVIDE INTERIM BUDGET MANAGEMENT
SERVICES, APPROVED (600.30)
5. PERSONAL SERVICES AGREEMENT WITH CHAMBERS GROUP, INC. FOR
CALENDAR YEARS 2012 AND 2013 FOR HABITAT RESTORATION
MONITORING SERVICES AT ACU CANYON -SITE, TERMINAL RESERVOIR
NO. 3 PROJECT, AND PLACIDA SITE (CIP NOS. 07811, 07803, AND 09211)
IN THE AMOUNT OF $46,500, APPROVED; AND CITY MANAGER
AUTHORIZED TO APPROVE CHANGES IN THE TOTAL AMOUNT NOT TO
EXCEED 10% OF THE CONTRACT VALUE (600.30)
6. RESOLUTION 12-03-20-01 ADOPTED DECLARING A PORTION OF THE
PROPERTY LOCATED AT THE NORTH WEST CORNER OF ORTEGA
HIGHWAY AND ANTONIO PARKWAY, APN 125-173-01, AS SURPLUS
PROPERTY (SANTA MARGARITA WATER DISTRICT) (SC04-FCV
INTERCONNECTION) (670.70)
Keith Van Der Maaten, Utilities Director, responded to questions.
Council Action: Moved by Mayor pro tem Taylor, seconded by Council Member
Freese, and carried unanimously to adopt Resolution 12-03-20-01 adopted
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING A PORTION OF THE PROPERTY
LOCATED AT THE NORTH WEST CORNER OF ORTEGA HIGHWAY AND
ANTONIO PARKWAY, APN 125-173-01, AS SURPLUS PROPERTY (SANTA
MARGARITA WATER DISTRICT) (SC04-FCV INTERCONNECTION); obtain an
appraisal of the property; direct staff to complete negotiations to sell the surplus
portion of the property to Santa Margarita Water District, subject to the City's
appraisal of the property coming back higher or at the same value as the
appraisal obtained from Santa Margarita Water District; and return to the
City Council with the complete documents for final action.
7. BIDDING REQUIREMENTS WAIVED AS IDENTIFIED IN COUNCIL POLICY
112; AND PERSONAL SERVICES AGREEMENT WITH ENVIRON STRATEGY
CONSULTANTS, INC. FOR THE GROUNDWATER MONITORING WELL
SAMPLING, TESTING, AND REPORTING FOR CALENDAR YEARS 2012 AND
2013 AT THE KINOSHITA WELL SITE; AND TRANSFERRING FUNDS FOR
THE AMOUNT OF $25,500, APPROVED (600.30)
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8. FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH
MAINTSTAR INC. FOR THE PURCHASE, INSTALLATION, AND
MAINTENANCE OF THE COMPUTER MAINTENANCE MANAGEMENT
SYSTEM, TO REMOVE THE INTEGRATION WITH THE WATER
INFORMATION MANAGEMENT SYSTEM (WIMS), FOR A SAVINGS OF
$23,107, APPROVED; AND SOLE SOURCE PERSONAL SERVICES
AGREEMENT WITH WONDERWARE WEST, FOR THE INTEGRATION OF
MTELLIGENCE WITH MAINTSTAR COMPUTER MAINTENANCE
MANAGEMENT SYSTEM (CMMS), IN THE AMOUNT OF $23,700, APPROVED
(600.30)
9. PERSONAL SERVICES AGREEMENT WITH MUNICIPAL UNDERGROUND
SERVICES FOR SANITARY SEWER MAINTENANCE SERVICES FOR THE
UNIT PRICES SHOWN IN THEIR PROPOSAL, NOT TO EXCEED THE CITY'S
ADOPTED FISCAL YEAR OPERATING BUDGET, FOR THE TERM OF THREE
YEARS WITH A THREE ADDITIONAL ONE YEAR OPTION RENEWAL; AND A
PERSONAL SERVICES AGREEMENT WITH MUNICIPAL UNDERGROUND
SERVICES, INC. FOR STORM DRAIN MAINTENANCE SERVICES FOR THE
UNIT PRICES SHOWN IN THEIR PROPOSAL, NOT TO EXCEED THE CITY'S
ADOPTED FISCAL YEAR OPERATING BUDGET, FOR THE TERM OF THREE
YEARS WITH A THREE ADDITIONAL ONE YEAR OPTION RENEWAL,
APPROVED (600.30)
10. INFORMATION REGARDING BUSINESS LICENSE COST CALCULATIONS,
RECEIVED AND FILED (390.60)
PUBLIC HEARINGS: None
ADMINISTRATIVE ITEMS:
F1 DEVELOPMENT SERVICES
a. SITE ACCESS LICENSE WITH THE SAN JUAN CAPISTRANO OPEN SPACE
FOUNDATION TO ALLOW ACCESS TO THE EAST OPEN SPACE, PARCEL
NO. 8 LEMON GROVE TO DESIGN AND CONSTRUCT A PASSIVE PARK,
APPROVED; AND STAFF DIRECTED TO PROCEED WITH PROCESSING
THE PROPOSAL WITH APPROPRIATE BOARDS AND COMMISSIONS
(CITY COUNCIL URGENT STRATEGIC PRIORITY NO.3 (1)) (600.30)
David Contreras, Senior Planner, provided a staff report and responded to
questions.
• Public Comments: Brad Gates, San Juan Capistrano Open Space
Foundation; and Sheri Grady -Merkle, The Oaks Farm.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro
tem Taylor, and carried unanimously to approve a Site License to the
San Juan Capistrano Open Space Foundation to allow access to the East Open
Space, Parcel No. 8 Lemon Grove to design and construct a passive park; and
staff directed to proceed with processing the proposal with appropriate Boards
and Commissions.
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b. FINAL IMPROVEMENT PLANS FOR THE DR. JOE CORTESE DOG PARK
LOCATED AT THE NORTHWEST OPEN SPACE (CIP 10201), APPROVED;
AND STAFF AUTHORIZED TO PROVIDE FINAL IMPROVEMENT PLANS TO
THE SAN JUAN CAPISTRANO OPEN SPACE FOUNDATION (OSF) TO
COMMENCE CONSTRUCTION (CITY COUNCIL URGENT STRATEGIC
PRIORITY NO.3 (2)) (920.40)
David Contreras, Senior Planner, provided a staff report and responded to
questions.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Freese, and carried 4-1 with Council Member Reeve opposed to
approve the final improvement plans for the Dr. Joe Cortese Dog Park located at
the Northwest Open Space (CIP 10201); and staff authorized to provide final
improvement plans to the San Juan Capistrano Open Space Foundation (OSF)
to commence construction.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Allevato and Mayor Kramer
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
C. CONSIDERATION OF POTENTIAL FUTURE LAND USE(S) OF THE HISTORIC
ROGER Y. WILLIAMS/SWANNER HOUSE AND 2.6 ACRE PROPERTY
(29991 CAMINO CAPISTRANO) (420.60)
• Public Correspondence: Chuck and Margit Mills, Coto de Caza residents;
Dori Ross, Hamilton Oaks Vineyard & Winery; and Jim and Dinah
Sapunarich, Rancho Santa Margarita residents.
Grant Taylor, Development Services Director, provided a PowerPoint
presentation and responded to questions.
• Public Comments: Ron Tamez, Hamilton Oaks Vineyard & Winery; Virginia
Repasky, OC Arts Center; Army Nix, OC Arts Center; Al King, Open Space,
Trails and Equestrian Commission; Sharline Elmer, San Clemente resident;
Allen L. Bolder, OC Arts Center; and Andrew Kardish, Napa South.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Reeve, and carried unanimously to identify wineries, tasting
rooms, and arts (art galleries/educational facility) as the preferred land use for
the subject property; direct the City Manager to begin negotiations with Hamilton
Oaks Vineyard & Winery as the preferred tenant and secure a developer deposit;
and forward to appropriate Commissions and Boards only if staff finds necessary
before bringing back to the City Council for final approval.
d. INITIATION OF A GENERAL PLAN AMENDMENT FOR A RESIDENTIAL
SUBDIVISION AND EQUESTRIAN FACILITY (THE OAKS) (GPA 12-001),
APPROVED (440.25)
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a.
Grant Taylor, Development Services Director, provided a staff report and
responded to questions.
• Public Comments: Bob Yoder, Shea Homes
Council Action: Moved
Council Member Freese, and
General Plan Amendment for
facility.
UTILITIES SEVICES
by Council Member
carried unanimously to
The Oaks residential
Allevato, seconded by
approve the initiation of a
subdivision and equestrian
CONSIDERATION OF CONTINUED PARTICIPATION IN THE SOUTH
ORANGE COASTAL OCEAN DESALINIZATION (SOCOD) PROJECT (600.50)
Public Correspondence: Karl Seckel, Municipal Water District of Orange
County.
Keith Van Der Maaten, Utilities Director, provided a PowerPoint presentation and
responded to questions.
Public Comments: Richard Hartl and Ray Miller, Utilities Commission; Karl
Seckel, Municipal Water District of Orange County; Susan Hinman, Municipal
Water District of Orange County; and Dick Dietmeier, former Director, South
Coast Water District.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro
tem Taylor, and carried 3-2 with Council Member Freese and Mayor Kramer
opposed to discontinue membership in the Project Participation Committee for
the South Orange Coastal Ocean Desalination Project; and appropriate steps for
termination from the Project Participation Committee.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Allevato and Mayor pro tem Taylor
NOES: COUNCIL MEMBER: Freese and Mayor Kramer
ABSENT: COUNCIL MEMBER: None
F3 FINANCIAL SERVICES
a. CITY OF SAN JUAN CAPSITRANO'S SECOND QUARTER FINANCIAL
REPORT FOR THE PERIOD FROM JULY 1, 2011 THROUGH DECEMBER 31,
2011, RECEIVED AND FILED; AND PROPOSED ADJUSTMENTS TO THE
CITY'S OPERATING AND CAPITAL IMPROVEMENT PROJECT FUNDS AS
PRESENTED, APPROVED (330.20) (CITY COUNCIL URGENT STRATEGIC
PRIORITY NO. 6)
Cindy Russell, Chief Financial Officer/City Treasurer, provided a PowerPoint
presentation and responded to questions.
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Council Action: Moved by Council Member Reeve, seconded by Council
Member Freese, and carried unanimously to receive and file the City of San Juan
Capistrano's Second Quarter Financial Report for the period from July 1, 2011
through December 31, 2011; and approve the proposed adjustments to the City's
operating and capital improvement project funds as presented.
SUCCESSOR AGENCY OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY BUSINESS:
1. COMMUNITY REDEVELOPMENT AGENCY SECOND QUARTER FINANCIAL
REPORT FOR THE PERIOD FROM JULY 1, 2011 THROUGH DECEMBER 31,
2011, RECEIVED AND FILED; (330.20) (CITY COUNCIL URGENT STRATEGIC
PRIORITY NO. 6)
Michelle Bannigan, Accounting Manager, provided a PowerPoint presentation
and responded to questions.
Council Action: Moved by Council Member Reeve, seconded by Council
Member Allevato, and carried unanimously to receive and file the Community
Redevelopment Agency Second Quarter Financial Report for the period from
July 1, 2011 through December 31, 2011.
2. CONSIDERATION OF A LIVE BULL EXHIBIT ON SATURDAY, MARCH 24,
2012 (CAMINO REAL PLAYHOUSE) (SAP 12-005) (460.70)
• Public Correspondence: Kathy Hooper, Fiesta Association; and Tom Scott,
Camino Real Playhouse.
Grant Taylor, Development Services Director, provided a staff report and
responded to questions.
• Public Comments: Tom Scott, Camino Real Playhouse
Council Action: Moved by Council Member Reeve, seconded by
Council Member Allevato, and carried 4-1 with Council Member Freese opposed
to authorize a live bull exhibit at the Camino Real Playhouse on March 24, 2012.
3. CHECK REGISTER DATED FEBRUARY 10, 2012 TO MARCH 8, 2012, IN THE
TOTAL AMOUNT OF $16,543,914.49, RECEIVED AND FILED (460.70)
Council Action: Moved by
Council Member Freese, and
check register dated February
amount of $16,543,914.49.
ORDINANCES: None
Council Member Reeve, seconded by
carried unanimously to receive and file the
10, 2012 through March 8, 2012, in the total
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3/20/2012
COUNCILMANIC ITEMS:
1. JOSEPH LOPEZ APPOINTED TO THE YOUTH ADVISORY BOARD
(ADULT ADVISOR) (110.20)
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried unanimously to appoint
Joseph Lopez to the Youth Advisory Board as an Adult Advisor.
2. CHARLES GILDEA APPOINTED TO THE CULTURAL HERITAGE COMMISION
(110.20)
Council Action: Moved by Council Member Reeve, seconded by
Mayor pro tem Taylor, and carried unanimously to appoint
Charles Gildea to the Cultural Heritage Commission.
ADJOURNMENT:
There being no further business Mayor Kramer adjourned the meeting
at 11:25 p.m. to Tuesday, April 3, 2012, at 5:00 p.m. for Closed Session and
6:00 p.m. for a public Business Session, in the City Council Chamber.
Approved: April 3, 2012--J
ATTEST:
RRY I ME rIG AYOR
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