12-0417_CC_Minutes_Regular MeetingMINUTES
APRIL 17, 2012
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor 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, 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 Cachia vs.
City of San Juan Capistrano.
BUSINESS SESSION:
Mayor Kramer called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:07 p.m. in the City Council Chamber.
Girl Scouts Troop 2249 led the Pledge of Allegiance and Council Member Reeve 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.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Oversight Board to the Successor Agency of the Community Redevelopment
Agency meeting.
• South Orange County Wastewater Authority.
• Farewell Party for Jonathan Volzke, Capistrano Dispatch former editor.
• Music Show at Ambuehl Elementary School.
• Council Member Freese announced that her upcoming meeting in May 2012 with
Legislators (Councilmanic Item 12) is a personal trip on her expense.
• Foothill/Eastern Transportation Corridor Agency Mobility Ad-hoc Committee
meeting.
• Open Space, Trails and Equestrian Interviews.
• Meeting with Caltrans representatives regarding lane widening project (1-5 south of
San Juan Creek Road).
• Meeting with Transportation Corridor Agency representatives regarding Economic
Study for the Tesoro Extension.
• Chamber Breakfast meeting.
• Reception for new Chief Executive Officer of Mission Hospital.
• Meeting with JSerra staff and neighbors.
• Municipal Water District Board and Agency Elected Official's Forum.
• Sign Committee meeting.
• Association of Orange County Cities — Orange County Board meeting.
• San Onofre Nuclear Generating Station (SONGS) meeting.
• Shea Center Business Leaders for Philanthropy Night.
• Water Advisory Committee meeting of Orange County.
• Los Rios School of Rock Concert.
• Chamber of Commerce Lunch Local.
INTRODUCTIONS AND PRESENTATIONS:
1. CELINA CORLEY, CRIME PREVENTION SPECIALIST, INTRODUCED
2. GIRL SCOUTS RECOGNIZED FOR GOLD AND BRONZE AWARDS (610.40)
3. APRIL 19, 2012, PROCLAIMED AS EARTH DAY (610.40)
4. PRESENTATION BY TOWNSEND PUBLIC AFFAIRS REGARDING
REDEVELOPMENT LEGISLATION (400.80)
5. PRESENTATION FROM ORANGE COUNTY TRANSPORTATION AUTHORITY
REGARDING THE DEL OBISPO STREET RAILROAD IMPROVEMENTS
OPERATIONAL STUDY (610.40)
6. MAYOR PRO TEM TAYLOR INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Gerald Muir, Youth Advisory Board and Parks, Recreation
and Senior Services Commission; and Steve Behmerwohld, and Ron Denman,
Parks, Recreation and Senior Services Commission.
ORAL COMMUNICATIONS:
• Eric Groos, City resident; Thomas Whaling, City resident; and Ian Smith,
City resident.
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CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member
Allevato, and carried unanimously to approve consent calendar items 1, 2, 4, 6, 7 and 9
as recommended by staff with Council Member Reeve opposed to consent calendar 5.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF APRIL 3, 2012,
APPROVED.
3. CHECK REGISTER DATED MARCH 23, 2012, TO APRIL 5, 2012, IN THE
TOTAL AMOUNT OF $732,687.77; AND PAYROLL CHECK DATED MARCH 30,
2012, IN THE TOTAL AMOUNT OF $184,327.13, RECEIVED AND FILED
(300.30)
Lt. John Meyer, Chief of Police Services, pulled item from agenda to report on
GRIP expenditures, and responded to questions.
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Taylor, and carried unanimously to receive and file.
4. REQUEST TO PRESENT LATE CLAIM OF JO ANNE FERGUSON, DENIED
BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE
CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70)
5. PERSONAL SERVICES AGREEMENT WITH PASCAL AND LUDWIG FOR THE
REHABILITATION OF TWO GREENSAND FILTER VESSELS AT THE
GROUNDWATER RECOVERY PLANT (CITY COUNCIL PRIORITY NO. 2)
(600.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
6. ANNUAL FINANCIAL REPORT OF DEVELOPMENT IMPACT FEES
PURSUANT TO GOVERNMENT CODE 66006 (AB 1600), RECEIVED AND
FILED (420.20)
7. AMENDMENT NO. 1 EXTENDING THE TERM OF THE PERSONAL SERVICES
AGREEMENT WITH RBF CONSULTING TO PROVIDE STORMWATER
POLLUTION PREVENTION PLAN DEVELOPMENT AND CONSTRUCTION
GENERAL PERMIT COMPLIANCE SERVICES, APPROVED; AND
AMENDMENT NO. 1 EXTENDING THE TERM OF THE PERSONAL SERVICES
AGREEMENT WITH SMITH -EMERY LABORATORIES TO PROVIDE
GEOTECHNICAL TESTING AND INSPECTION SERVICES, APPROVED
(600.30)
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8. CONSIDERATION OF AN AGREEMENT FOR THE REPLACEMENT OF
OVERHEAD ELECTRICAL FACILITIES WITH UNDERGROUNDING WITH SAN
DIEGO GAS & ELECTRIC FOR THE DEL OBISPO STREET WIDENING FROM
ALIPAZ STREET TO PASEO ADELANTO PROJECT (CIP 07107) (SDG&E)
(600.30) — CONTINUED TO MAY 15, 2012
Nisha Patel, Associate Engineer, responded to questions.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Freese, and carried unanimously to continue to the City Council
meeting of May 15, 2012.
9. REQUEST FOR PROPOSALS (RFP), APPROVED; STAFF DIRECTED TO
SOLICIT PROPOSALS FOR CONSULTING SERVICES FOR THE OWNER
OCCUPIED REHABILITATION PROGRAM FACILITATION AND LOAN
PROCESSING; AND UPON APPROVAL BY THE STATE, AUTHORIZE STAFF
TO BRING BACK TO THE CITY COUNCIL A PERSONAL SERVICES
AGREEMENT FOR FINAL APPROVAL (600.30)
PUBLIC HEARINGS:
1. INTRODUCTION AND FIRST READING OF AN ORDINANCE CERTIFYING
THE NOTICE OF EXEMPTION AND APPROVING CODE AMENDMENT (CA)
11-001 ESTABLISHING SUPPORTIVE HOUSING FACILITIES STANDARDS,
APPROVED (420.30)
Laura Stokes, Housing/Redevelopment Coordinator, provided a staff report and
responded to questions.
Mayor Kramer opened the public hearing and invited testimony. No public
testimony was provided. Mayor Kramer closed the public hearing.
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 the first reading
and introduction of an Ordinance entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CERTIFYING THE NOTICE OF EXEMPTION AND APPROVING CODE
AMENDMENT (CA) 11-001 TO AMEND TITLE 9 OF THE LAND USE CODE
SECTION 9-3.550 ESTABLISHING SUPPORTIVE HOUSING FACILITIES
STANDARDS FOR COMPLIANCE WITH SENATE BILL 2"; with modifications to
Exhibit A — Section 9-3.550 (a) Purpose and Intent — ...emergency homeless
shelters, and/or accommodate a ene year-round emergency homeless shelter...;
and under Section 9-3.550 (c) Development Standards, (1) Capacity — No more
than one bed per 4A9 250 square feet of gross building space.
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2. RESOLUTION NO. 12-04-17-01 ADOPTED APPROVING FREEWAY
AGREEMENT (12 -ORA -5 PM 6.8112.6) WITH CALTRANS FOR THE
RECONSTRUCTION OF THE ORTEGA HIGHWAY AND 1-5 INTERCHANGE
PROJECT, APPROVED (600.50)
Alan Oswald, Senior Traffic Engineer, provided a staff report and responded to
questions.
Mayor Kramer opened the public hearing and invited testimony. No public
testimony was provided. Mayor Kramer closed the public hearing.
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried unanimously to adopt Resolution No.
12-04-17-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING FREEWAY
AGREEMENT 12 -ORA -5 PM 6.8112.6."
ADMINISTRATIVE ITEMS: None
SUCCESSOR AGENCY OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY BUSINESS:
CHECK REGISTER DATED MARCH 23, 2012, TO APRIL 5, 2012, IN
THE TOTAL AMOUNT OF $28,810.00, RECEIVED AND FILED (460.70)
Mayor pro tem Taylor recused himself due to proximity to his residence and left
the Council Chamber.
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried 4-0 with Mayor pro tem Taylor recused to
receive and file the check register dated March 23, 2012, through April 5, 2012,
in the total amount of $28,810.00.
ROLL CALL:
AYES:
COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor Kramer
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Mayor pro tem Taylor
2. SACRA RESOLUTION NO. 12-04-17-01 APPROVED ADOPTING THE DRAFT
RECOGNIZED OBLIGATION PAYMENT SCHEDULE (400.80)
Mayor pro tem Taylor recused himself due to proximity to his residence and left
the Council Chamber.
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Council Action: Moved by Council Member Freese, seconded by Council
Member Reeve, and carried 4-0 with Mayor pro tem Taylor recused to adopt
SACRA Resolution No. 12-04-17-01 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, ACTING SOLELY IN
ITS CAPACITY AS SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO
REDEVELOPMENT AGENCY, ADOPTING THE DRAFT RECOGNIZED
OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD FROM JULY 1, 2012
TO DECEMBER 31, 2012."
ROLL CALL:
AYES:
COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor Kramer
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Mayor pro tem Taylor
ORDINANCES:
1. ADOPTION OF ORDINANCE NO. 993 — APPROVING AN AMENDMENT TO
THE OFFICIAL ZONING MAP AND AMENDING TITLE 9, LAND USE CODE BY
ADOPTING SECTION 9-3.316, ESTABLISHING THE HISTORIC TOWN
CENTER FORM -BASED CODE (HISTORIC TOWN CENTER MASTER PLAN)
(400.20)
Mayor pro tem Taylor recused himself due to proximity to his residence and left
the Council Chamber.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried 3-0-1 with Mayor pro tem Taylor recused
and Council Member Reeve opposed to approve the second reading and
adoption of Ordinance No. 993 entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AN AMENDMENT TO THE OFFICIAL ZONING MAP AND
AMENDING TITLE 9, LAND USE CODE TO ADD SECTION 9-3.316, HISTORIC
TOWN CENTER FORM -BASED CODE FOR THE HISTORIC TOWN CENTER
MASTER PLAN."
ROLL CALL:
AYES:
COUNCIL MEMBER: Freese, Allevato and Mayor Kramer
NOES:
COUNCIL MEMBER: Reeve
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Mayor pro tem Taylor
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COUNCILMANIC ITEMS:
1. VACANCIES DECLARED FOR THE ANNUAL APPOINTMENTS TO THE
YOUTH ADVISORY BOARD (110.20)
Council Action: Moved by Council Member Reeve, seconded by
Council Member Freese, and carried unanimously to declare vacancies on the
Youth Advisory Board; direct the City Clerk to solicit applications to fill the
vacancies, with applications due by May 25, 2012, 4:30 p.m.
2. DIRECTION PROVIDED TO COUNCIL MEMBER FREESE REGARDING AN
UPCOMING MEETING IN MAY 2012 WITH LEGISLATORS IN WASHINGTON
D.C.(660.50)
3. CREATING A BUSINESS FRIENDLY PROCESS BY REORGANIZING THE
CITY'S COMMISSIONS, COMMITTEES AND BOARDS, DISCUSSED (110.20)
ADJOURNMENT:
There being no further business Mayor Kramer adjourned the meeting
at 10:30 p.m. to Tuesday, May 1, 2012, at 5:00 p.m. for Closed Session and
6:O9 p)rry.Jor a public Business Session, in the City Council Chamber.
Rully submitted,
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MARIA I AORRI§,CLERK
Approved: May 1,
ATTEST,
LARRY KRAME 7r
MAYOR
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4/17/2012