12-0605_CC_Minutes_Regular MeetingMINUTES
June 5, 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: Sam Allevato, Laura Freese, Derek Reeve,
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 54957, the City Council conducted a
public employee performance evaluation of the City Clerk.
BUSINESS SESSION:
Mayor Kramer called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:08 p.m. in the City Council Chamber.
City Council Member Reeve led the Pledge of Allegiance and City Council Member
Allevato 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 CLERK ANNOUNCEMENT: Per Assembly Bill 23, Maria Morris, City Clerk,
announced that each Housing Authority Board Member is receiving a $50.00 stipend for
conducting the Housing Authority meeting.
1
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Legal Ambiguities of Dissolving Redevelopment Agencies meeting.
• Water Summit meeting.
• "Memorial Day Ceremony" at Veteran's Park.
• City Budget Workshops.
• Safety meeting with Edison regarding San Onofre Nuclear Generating Station.
• Orange County Library Board meeting
• "90 Plus Birthday Bash" for San Juan Capistrano Seniors.
• National Nursing Home Week event.
• International Shopping Center Conference.
• JSerra High School Graduation Ceremony.
• Mission Grill Ribbon Cutting.
• Mayor's Walk — EI Adobe Plaza.
• San Onofre Nuclear Generating Station Update meeting.
• Association of California Cities, Orange County — Post Redevelopment Agency
Legal Panel and event with Congressman Bill Shuster.
• Fish for Life, Dana Point — Ocean Hills.
• De Angelis Vocal Ensemble at the Mission Basilica.
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; Steve Behmerwohld and Ron Denman, Parks,
Recreation and Senior Services Commission; Bob Cardoza, Design Review
Committee; and Renee Ritchie, Open Space, Trails, and Equestrian
Commission.
2. MARCO FORSTER MIDDLE SCHOOL STUDENTS RECOGNIZED FOR
RUNNING THE LA MARATHON (610.40)
ORAL COMMUNICATIONS:
• Ian Smith, City resident; Art Guevara, City resident; Grace Van Thillo, San Clemente
Green; Dan Farrell, San Clemente Green; Gene Stone, San Clemente resident;
Shannon Leone, City resident; and Clint Worthington, City resident
CONSENT CALENDAR:
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Taylor, and carried unanimously to approve consent calendar items 1 through 3, 5, 7, 9,
10, 12, and 14 as recommended by staff with Council Member Reeve opposed to
consent calendar 9.
MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING OF MAY 15, 2012
(CLOSED SESSION), APPROVED. 5
2 6/5/2012
3. CITY COUNCIL MINUTES — REGULAR MEETING OF MAY 15, 2012,
APPROVED.
4. CHECK REGISTER DATED MAY 4 TO MAY 17, 2012, IN THE TOTAL
AMOUNT OF $961,887.78; PAYROLL CHECKS DATED MAY 7 TO MAY 11,
2012, IN THE TOTAL AMOUNT OF $2,679.54; AND PAYROLL DIRECT
DEPOSITS DATED MAY 11, 2012, IN THE TOTAL AMOUNT OF $185,379.89,
RECEIVED AND FILED (300.30)
Council Action: Moved by Council Member Freese, seconded by Council
Member Allevato, and carried unanimously to receive and file.
5. CASH AND INVESTMENTS REPORTS FOR MONTHS ENDED APRIL 30,
2012, RECEIVED AND FILED (350.30)
6. RESOLUTION 12-06-05-01 ADOPTED AUTHORIZING AND APPROVING
POOLING OF SELF-INSURANCE THROUGH THE WORKERS'
COMPENSATION PROGRAM OF THE CALIFORNIA JOINT POWERS
INSURANCE AUTHORITY; AND RESOLUTION 12-06-05-02 ADOPTED
AUTHORIZING FILING AN APPLICATION TO THE DIRECTOR OF
INDUSTRIAL RELATIONS, STATE OF CALIFORNIA FOR A CERTIFICATE OF
CONSENT TO SELF INSURE WORKERS' COMPENSATION LIABILITIES
(170.50)
Jonathan Shull, California Joint Powers Insurance Authority, responded to
questions.
• Public Comments: Ian Smith, City resident.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro
tem Taylor, and carried unanimously to adopt RESOLUTION 12-06-05-01
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING AND APPROVING POOLING OF
SELF-INSURANCE THROUGH THE WORKERS' COMPENSATION PROGRAM
OF THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY"; and adopt
RESOLUTION 12-06-05-02 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
FILING AN APPLICATION TO THE DIRECTOR OF INDUSTRIAL RELATIONS,
STATE OF CALIFORNIA FOR A CERTIFICATE OF CONSENT TO SELF
INSURE WORKERS' COMPENSATION LIABILITIES."
7. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — FROM
APRIL 16, 2012, THROUGH MAY 15, 2012, RECEIVED AND FILED (440.10)
8. REQUEST FROM MISSION GRILL RESTAURANT FOR A CERTIFICATE OF
PUBLIC CONVENIENCE OR NECESSITY (CPCN) REQUIRED BY THE STATE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FOR A TYPE 41,
ON -SALE BEER AND WINE LICENSE, APPROVED (585.15)
Mayor pro tem Taylor recused himself and left the Council Chamber due to
proximity to his residence.
3 6/5/2012
• Public Comments: Clint Worthington, City resident.
Council Action: Moved by Council Member Freese, seconded by Council
Member Reeve, and carried 4-0 with Mayor pro tem Taylor recused to approve F
the request from Mission Grill Restaurant for a Certificate of Public Convenience
or Necessity (CPCN) required by the State Department of Alcoholic Beverage
Control for a Type 41, On -Sale Beer and Wine License.
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
9. FIRST AMENDMENT TO THE SITE ACCESS LICENSE WITH THE SAN JUAN
CAPISTRANO OPEN SPACE FOUNDATION AND SJCOSF DEVELOPMENT,
LLC, APPROVED (600.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
10. SITE LICENSE AND USE AGREEMENT BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND MICHAEL SCHWARTZ TO OPERATE THE ROLLER
HOCKEY/MULTIPURPOSE FACILITY LOCATED ON THE GROUNDS OF THE 1�7
MARCO FORSTER MIDDLE SCHOOL LOCATED AT 3 VIA POSITIVA;
APPROVED (600.30)
11. REVIEW OF WATER AND WASTEWATER RATE INCREASES TO GO INTO
EFFECT ON JULY 1, 2012, RECEIVED AND FILED (1050.20)
Keith Van Der Maaten, Utilities Director, responded to questions.
• Public Comments: Clint Worthington, City resident.
Council Action: Moved by Mayor pro tem Taylor, seconded by Council Member
Freese, and carried 4-1 with Council Member Reeve opposed to receive and file.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
12. MEMBERSHIP IN THE PROJECT PARTICIPATION COMMITTEE FOR THE
SOUTH ORANGE COASTAL OCEAN DESALINATION PROJECT,
REINSTATED (600.50) I
4 6/5/2012
13. CONSIDERATION OF A CONSTRUCTION AGREEMENT WITHIN TRACT
13436 FOR THE REPLACEMENT OF A 12 -INCH PIPELINE (TAYLOR
MORRISON OF CALIFORNIA, LLC) — ITEM REMOVED FROM THE AGENDA
BY STAFF
14. AMENDMENT TO AGREEMENT WITH N. HARRIS COMPUTER
CORPORATION FOR $5,600 TO PROVIDE SOFTWARE DEVELOPMENT
CONSULTING SERVICES FOR THE CITY'S FINANCIAL SOFTWARE,
APPROVED (600.30)
PUBLIC HEARINGS:
1. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING
TITLE 9, LAND USE CODE AND THE APPENDIX A, DEFINITIONS RELATED
TO "ASSEMBLY USES" (420.30)
Grant Taylor, Development Services Director, provided a staff report and
responded to questions.
Mayor Kramer opened the public hearing and invited testimony.
• Public Testimony: Chuck Fromm, City resident
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 Reeve, 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,
AMENDING TITLE 9, ARTICLE 3 AND APPENDIX "A" DEFINITIONS OF THE
LAND USE CODE WITH RESPECT TO REGULATING "ASSEMBLY USES"
(CODE AMENDMENT 11-02)."
SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Housing Authority
Minutes)
ADMINISTRATIVE ITEMS:
G1 COMMUNITY SERVICES
a. REATA PARK AND EVENT CENTER SELECTED AS THE PARK NAME FOR
THE EAST OPEN SPACE (LEMON GROVE SITE) (310.30)
Cynthia Alexander, Community Services Manager, provided a staff report and
responded to questions.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro
L11 tem Taylor, and carried unanimously to select Reata Park and Event Center as
the name for the East Open Space (Lemon Grove Site).
5 6/5/2012
G2 DEVELOPMENT SERVICES
a. FIRST AMENDMENT TO THE SITE ACCESS LICENSE WITH THE SAN JUAN
CAPISTRANO OPEN SPACE FOUNDATION AND SJCOSF DEVELOPMENT,
LLC, APPROVED; CONCEPTUAL PASSIVE PARK MASTER PLAN,
APPROVED AND STAFF DIRECTED TO COMMENCE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW; CONSULTANT
AGREEMENT WITH ED ALMANZA & ASSOCIATES FOR THE PREPARATION
OF THE ENVIRONMENTAL REVIEW IN THE AMOUNT OF $46,930,
APPROVED; STAFF DIRECTED TO CALCULATE DEVELOPMENT AND
PERMIT FEES AND RETURN TO THE CITY COUNCIL WITH FINAL COST
ANALYSIS; SOIL REMEDIATION, APPROVED; DEMOLITION PLAN SUBJECT
TO THE CEQA DOCUMENT RECOMMENDATIONS OR SUBMITTAL AND
APPROVAL OF A HISTORIC STRUCTURES REPORT, APPROVED; AND
CONSTRUCTION OF A TWO -RAIL LODGE POLE FENCE AND RANCH 4 -RAIL
FENCE, APPROVED. (600.30)
David Contreras, Senior Planner, provided a staff report and responded to
questions.
• Public Comments: Brad Gates, San Juan Capistrano Open Space
Foundation; John Clifton, City resident; Shelly Barker, City resident; Renee
Ritchie, City resident; and Ian Smith, City resident.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro
tem Taylor, and carried 4-1 with Council Member Reeve opposed to approve
First Amendment to the Site Access License with the San Juan Capistrano Open
Space Foundation and SJCOSF Development, LLC; approve the Conceptual
Passive Park Master Plan, and direct staff to commence the California
Environmental Quality Act (CEQA) Review; approve Consultant Agreement with
Ed Almanza & Associates for the preparation of the Environmental Review in the
amount of $46,930, directed staff to calculate development and permit fees and
return to the City Council with final cost analysis; approve soil remediation;
approve the demolition plan subjected to the CEQA document recommendations
or submittal and approval of a Historic Structures Report; and approve
construction of a Two -Rail Lodge Pole Fence And Ranch 4 -Rail Fence.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
b. STATUS REPORT ON THE CALIFORNIA PUBLIC UTILITIES COMMISSION
(CPUC) PROCESS REGARDING SAN DIEGO GAS AND ELECTRIC'S
(SDG&E) APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY (CPC&N) FOR THE SOUTH ORANGE COUNTY
RELIABILITY ENHANCEMENT PROJECT (1010.70)
• Public Correspondence: Duane Cave, San Diego Gas and Electric; Rhen
Kohan and Serge Kohan, City residents; and Lennie Decaro, City resident.
6 6/5/2012
L!
Council Member Allevato recused himself due to co -ownership of property within
500 feet of the project and stepped out of the Council Chamber.
Grant Taylor, Development Services Director, provided a staff report and
responded to questions.
• Public Comments: Kim Lefner, City resident; Ian Smith, City resident; and
Rhen Kohan, City resident.
Council Action: Moved by Council Member Freese, seconded by Council
Member Reeve, and carried 4-0 with Council Member Allevato recused to direct
staff to submit a letter to the California Public Utilities Commission (CPUC) to
include: 1) protesting San Diego Gas and Electric's (SDG&E) "request for
approval without hearing"; 2) asking for at least sixty (60) days to review all
documents, plans, technical reports, correspondence and other project -related
information after such information has been provided to the City by either the
CPUC or SDG&E; 3) asking for the hearings to be held locally; and, 4) offering
City facilities at no charge to hold the hearings.
ROLL CALL:
AYES:
COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor Kramer
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Allevato
G3 UTILITIES SERVICES
a. PROPOSED 2012-13 SOLID WASTE RATES, RECEIVED AND FILED; AND
SIXTH AMENDMENT TO THE INTEGRATED SOLID WASTE COLLECTION
FRANCHISE AGREEMENT WITH CR&R, INC., APPROVED (600.30)
Ziad Mazboudi, Senior Civil Engineer, provided a staff report and responded to
questions.
• Public Comments: Kim Lefner, City resident; Clint Worthington, City resident;
and Ian Smith, City resident.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro
tem Taylor, and carried 4-1 with Council Member Reeve opposed to receive and
file the proposed 2012-13 solid waste rates; and approve the Sixth Amendment
to the Integrated Solid Waste Collection Franchise Agreement.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Allevato,
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
7
Taylor and Mayor Kramer
6/5/2012
SUCCESSOR AGENCY OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY BUSINESS:
CHECK REGISTER DATED MAY 4, 2012 THROUGH MAY 17, 2012, IN THE
TOTAL AMOUNT OF $6,723.50, RECEIVED AND FILED (300.30)
Mayor pro tem Taylor abstained due to proximity to his residence.
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried 4-1 with Mayor pro tem Taylor abstained to
receive and file the check register dated May 4, 2012, through May 17, 2012, in
the total amount of $6,723.50.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Mayor pro tem Taylor
2. CASH AND INVESTMENTS REPORTS FOR MONTH ENDED APRIL 30, 2012,
RECEIVED AND FILED (350.30)
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried unanimously to receive and file the
Cash and Investments Report for month ended April 30, 2012.
ORDINANCES: None
COUNCILMANIC ITEMS: None
ADJOURNMENT:
There eing no further business Mayor Kramer adjourned the meeting
at 10: p.mA to Tuesday, June 19, 2012, at 5:00 p.m. for Closed Session and
6:00 p. f r public Business Session, in the City Council Chamber.
p
Res e' u ubmitted,
i 1
,C
Approved: June 19,
ATTEST:
LARRY KRA R, MAYOR
8 6/5/2012