12-0807_CC_Minutes_Regular MeetingMINUTES
August 7, 2012
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor pro tem Taylor called the Regular Meeting of the City Council to order at
5:05 p.m. in the City Council Chamber.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Sam Allevato, Laura Freese, Derek Reeve and
Mayor pro tem John Taylor
COUNCIL MEMBERS ABSENT: Mayor Kramer
PUBLIC COMMENT:
• Rhen Kohan, City resident.
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 the administrative proceedings
In the Matter of the Application of San Diego Gas and Electric Company
for a Certificate of Public Convenience and Necessity for the
South Orange County Reliability Enhancement Project (CPUC Application
No. 12-05-020).
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.
C. Pursuant to Government Code Section 54956.9(a), the City Council conferred
with legal counsel pertaining to existing litigation in the matter of Friess vs.
City of San Juan Capistrano.
BUSINESS SESSION:
Mayor pro tem Taylor called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:15 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 and
Mayor pro tem John Taylor
COUNCIL MEMBERS ABSENT: Mayor Kramer
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: Omar Sandoval announced that
Council Member Allevato recused himself from Closed Session Item A, due to proximity
of the project to his Homeowners Association; Closed Session Item B, is a claim by
Mr. Mark Watkins for damages and breach of contract claims relating to an installation
of a water line; and Council Member Freese recused herself from Closed Session
Item C, due to a prior business relationship.
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.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Ribbon Cutting — Veterinary Medical and Surgical Group.
• Ribbon Cutting — Capistrano Consignment.
• Meetings with Commissioners Chairs.
• Meeting with Dana Point's Mayor, Mayor pro tem and City Manager.
• Meeting with San Clemente's Mayor, Mayor pro tem and City Manager.
• Meeting with Laguna Niguel's Mayor, Mayor pro tem and City Manager.
• Orange County Fire Authority Board meeting.
• Governing California Conference.
• Association of California Cities — Orange County (ACCOC) Jobs and Economic
Development Committee meeting.
• Transportation Corridor Agency Mobility Ad -Hoc Committee meeting.
• South Orange Coastal Ocean Desalination (SOCOD) Pilot Plant tour.
INTRODUCTIONS AND PRESENTATIONS:
1. COUNCIL MEMBER ALLEVATO INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Steve Behmerwohld and Ron Denman, Parks,
Recreation and Senior Services Commission; Gene Ratcliffe and Rob Williams,
Planning Commission; and Jean Savage, Transportation Commission.
2. EAGLE SCOUTS PRESENTED WITH CERTIFICATES OF RECOGNITION
(610.40)
3. GUNNAR OHLUND RECOGNIZED AS THE OPEN SPACE PARK NAMING
CONTEST WINNER (610.40)
4. WEST COAST FILM FESTIVAL PROCLAIMED (610.40)
5. RODEO WEEK PROCLAIMED (610.40)
6. ' ORANGE COUNTY TRANSPORTATION AUTHORITY PRESENTATION ON
TRANSPORTATION PROJECTS IN THE CITY OF SAN JUAN CAPISTRANO
(940.10)
• Public Comments: Ketra Slayton, Marriott International.
7. SAN DIEGO GAS & ELECTRIC PRESENTATION REGARDING ENERGY
CONSERVATION INCENTIVE PROGRAMS (1010.60)
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ORAL COMMUNICATIONS:
• Les Blair, City resident; and Dusty Otero, City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member
Freese, and carried 4-0 with Mayor Kramer absent to approve consent calendar items
1 through 6, 9, 12, 14, 15, and 17 as recommended by staff with Mayor pro tem Taylor
abstaining from consent calendar 9 and 17.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF JULY 17, 2012,
APPROVED.
3. CHECK REGISTER FOR ELECTRONIC TRANSACTIONS DATED JUNE 27 TO
JUNE 28, 2012, 1N THE AMOUNT OF $1,216.52; AND CHECK REGISTER
DATED JUNE 29 TO JULY, 2012, IN THE TOTAL AMOUNT OF $719,531.38;
AND PAYROLL DIRECT DEPOSITS DATED JULY 6, 2012, IN THE TOTAL
AMOUNT OF $184,552.22, RECEIVED AND FILED (300.30)
4. CHECK REGISTER FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED JULY 13 TO JULY 26, 2012, IN THE AMOUNT OF $3,897,018.39; AND
PAYROLL DIRECT DEPOSIT DATED JULY 29, 2012, IN THE TOTAL AMOUNT
OF $202,294.46, RECEIVED AND FILED (300.30)
5. CASH AND INVESTMENTS REPORTS FOR JUNE 30, 2012, RECEIVED AND
FILED (350.30)
6. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — FROM
JUNE 16, 2012, THROUGH JULY 15, 2012, RECEIVED AND FILED (440.10)
7. RESOLUTION 12-08-07-01 ADOPTED AMENDING ITS CONFLICT OF
INTEREST CODE TO REFLECT REVISIONS TO APPENDIX A PERTAINING
TO DESIGNATED CITY STAFF AND COMMISSIONS." (640.40)
Council Action: Moved by Council Member Reeve, seconded by
Council Member Allevato, and carried 4-0 with Mayor Kramer absent to adopt
Resolution No. 12-08-07-01 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ITS
CONFLICT OF INTEREST CODE TO REFLECT REVISIONS TO APPENDIX A
PERTAINING TO DESIGNATED CITY STAFF AND COMMISSIONS."
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor pro tem Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Kramer
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8. RESOLUTION 12.08-07-02 ADOPTED CONFIRMING THE POLICY TO
COMPLY WITH ALL OF THE REQUIREMENTS OF THE BROWN ACT
NOTWITHSTANDING THE STATE OF CALIFORNIA'S THREE-YEAR
SUSPENSION OF STATE MANDATES AS CONTAINED IN AB 1464 AND SB
1006 (610.85)
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried 4-0 with Mayor Kramer absent to adopt
Resolution No. 12-08-07-02 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE
POLICY TO COMPLY WITH ALL OF THE REQUIREMENTS OF THE BROWN
ACT NOTWITHSTANDING THE STATE OF CALIFORNIA'S THREE-YEAR
SUSPENSION OF STATE MANDATES AS CONTAINED IN AB 1464 AND SB
1006."
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor pro tem Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Kramer
9. CLAIM OF ROBIN B. HAMERS AND ASSOCIATES, INC. DENIED BASED
UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S
INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70)
Mayor pro tem Taylor abstained due to a personal relationship with one of the
parties involved.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor pro tem Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Kramer
ABSTAINED: COUNCIL MEMBER: Mayor pro tem Taylor
10. COOPERATIVE AGREEMENT WITH PEPPERDINE UNIVERSITY TO
PROVIDE GANG PREVENTION CONSULTING SERVICES, APPROVED
(600.30)
Michael Cantor, Safety and Emergency Services Manager, responded to
questions.
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried 3-0-1 with Mayor Kramer absent and
Council Member Reeve opposed to approve a one (1) year and ten (10) months
Cooperative Agreement with Pepperdine University to provide gang prevention
consulting services, in the amount not to exceed $114,200 from September 1,
2012, to June 30, 2014.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Allevato and Mayor pro tem Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: Mayor Kramer
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11. PERSONAL SERVICES AGREEMENT WITH AMERICAN GUARD SERVICES,
INC. FOR SERVICING SIX CROSSING GUARD LOCATIONS, APPROVED
(600.30)
Michael Cantor, Safety and Emergency Services Manager, responded to
questions.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Freese, and carried 3-0-1 with Mayor Kramer absent and
Council Member Reeve opposed to approve a one (1) year and ten (10) months
Personal Services Agreement with American Guard Services, Inc. for servicing
six (6) crossing guard locations, in the amount not to exceed $124,000 from
September 1, 2012, to June 30, 2014.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Allevato and Mayor pro tem Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: Mayor Kramer
12. RESOLUTION 12-08-07-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING 10:00 P.M. TO 6:00 A.M." ON CAMINO
CAPISTRANO 1800 FEET NORTH OF JUNIPERO SERRA ROAD." (570.30)
13. CONSTRUCTION CONTRACT AWARDED TO SPIESS CONSTRUCTION
COMPANY, INC. FOR THE SUN RANCH DRAINAGE IMPROVEMENT
PROJECT (CIP 11503) (600.30)
Joe Mankawich, Associate Engineer, provided a staff report and responded to
questions.
Public Comments: Frank Forthun, Spiess Construction Company, Inc.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Freese, and carried 4-0 with Mayor Kramer absent to award the
Construction Contract for the Sun Ranch Drainage Improvement Project to
Spiess Construction Company, Inc. in the amount of $2,094,645.25; City
Manager authorized to approve change orders up to 10% of the contract amount;
and all other bids rejected."
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor pro tem Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Kramer
14. FORMAL BIDDING REQUIREMENTS, WAIVED; AND PURCHASE OF NINE (9)
STORMWATER TRASH SCREENS FROM ROSCOE MOSS COMPANY IN THE
AMOUNT NOT TO EXCEED $130,112.44, AUTHORIZED (370.30)
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15. PLANS AND SPECIFICATIONS PREPARED BY DEXTER WILSON
ENGINEERING FOR THE 1-5 AND ORTEGA HIGHWAY INTERCHANGE
PIPELINE RELOCATION PROJECT, APPROVED; STAFF DIRECTED TO
ADVERTISE FOR COMPETITIVE BIDS; AND STAFF AUTHORIZED TO
PROCEED WITH NEGOTIATIONS WITH THE OWNERS OF THE PLAZA
BANDERAS HOTEL (600.30)
16. PERSONAL SERVICES AGREEMENT WITH THE BOYS & GIRLS CLUBS OF
CAPISTRANO VALLEY TO PROVIDE AN AFTERSCHOOL RECREATION
PROGRAM; AND REDUCED FEE FOR USE OF THE CITY'S GYMNASIUM,
APPROVED (600.30)
Cynthia Alexander, Community Services Manager, responded to questions.
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried 3-0-1 with Mayor Kramer absent and
Council Member Reeve opposed to approve a Personal Services Agreement with
the Boys and Girls Clubs of Capistrano Valley, in the amount not to exceed
$78,058 annually from the period of September 1, 2012, through June 30, 2014;
and approve a reduce fee for use of the City's Gymnasium.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Allevato and Mayor pro tem Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: Mayor Kramer
17. CONCEPTUAL PLAN AND AUTHORIZATION FOR STAFF TO CONSTRUCT A
TEMPORARY PARKING LOT WITHIN THE LOS RIOS SPECIFIC PLAN AREA,
APPROVED; AND PERSONAL SERVICES AGREEMENT WITH MCKEEHAN
ENVIRONMENTAL CONSULTANTS FOR ARCHEOLOGICAL AND NATIVE
AMERICAN MONITORING 1N THE TOTAL AMOUNT OF $450 AS PART OF
THE TOTAL ESTIMATED COST OF $1,000 INCLUDING SIGNS AND
MATERIALS FOR THE TEMPORARY PARKING LOT, APPROVED
(570.701600.30)
Mayor pro tem Taylor abstained due to proximity of project to his residence.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor pro tem Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Kramer
ABSTAINED: COUNCIL MEMBER: Mayor pro tem Taylor
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PUBLIC HEARINGS:
1. RESOLUTION 12-08-07-04 ADOPTED ENTITLED °A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CONFIRMING
THE COST REPORT FOR THE 2012 WEED ABATEMENT PROGRAM IN
THE CITY OF SAN JUAN CAPISTRANO."; AND AUTHORIZING THE
ORANGE COUNTY AUDITOR -CONTROLLER'S OFFICE TO INCLUDE THE
ASSESSMENTS FOR WEED ABATEMENT CHARGES ON THE FISCAL YEAR
2012/2013 PROPERTY TAX ROLL (420.30)
David Hubler, Public Works Manager, provided a staff report and responded to
questions.
Mayor pro tem Taylor opened the public hearing and invited testimony.
Mayor pro tem Taylor closed the public hearing.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Freese, and carried 4-0 with Mayor Kramer absent to adopt
Resolution No. 12-08-07-04 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE
COST REPORT FOR THE 2012 WEED ABATEMENT PROGRAM IN
THE CITY OF SAN JUAN CAPISTRANO."; and authorizing the Orange County
Auditor -Controller's Office to include the assessments for weed abatement
charges on the Fiscal Year 2012/2013 Property Tax Roll.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor pro tem Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Kramer
SAN JUAN CAPISTRANO HOUSING AUTHORITY: (Refer to Housing Authority
Minutes)
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY: (Refer to Successor Agency Minutes)
ADMINISTRATIVE ITEMS:
H1 DEVELOPMENT SERVICES
a. CONSIDERATION AND DIRECTION TO FORM AN "AESTHETICS TEAM" TO
WORK WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY
(OCTA) ON THEIR 1-5 HIGH OCCUPANCY VEHICLE (HOV) LANE PROJECT
WITHIN THE CITY OF SAN JUAN CAPISTRANO FROM SAN JUAN CREEK
ROAD TO CAMINO LAS RAMBLAS PERTAINING TO SOUND WALLS,
RETAINING WALLS, AND LANDSCAPING (8010.10) — NO FORMAL ACTION.
TAKEN
Grant Taylor, Development Services Director, provided a staff report and
responded to questions.
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ORDINANCES:
ADOPTION OF ORDINANCE NO. 996 — AMENDING TITLE 9, LAND USE
CODE, SECTIONS 9-2.343, 9-3.543 AND 9-3.547 REGARDING STANDARDS
REGULATING SIGN PERMITS, SIGNS, AND SPECIAL ACTIVITIES
ASSOCIATED WITH AUTOMOBILE DEALERSHIPS (CODE AMENDMENT (CA)
12-003) (410.40)
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried 4-0 with Mayor Kramer absent to approve
the second reading and adoption of Ordinance No. 996 entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, SECTIONS 9-2.343, SIGN
PERMITS, 9-3.543, SIGNS, AND 9-3.547, SPECIAL ACTIVITY PERMIT (SAP)
WITH RESPECT TO AUTOMOBILE DEALERSHIP SIGNAGE (CODE
AMENDMENT 12-003)."
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor pro tem Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Kramer
COUNCILMANIC ITEM
MAYOR KRAMER APPOINTED AS VOTING DELEGATE AND MAYOR PRO
TEM TAYLOR AND COUNCIL MEMBER FREESE SELECTED AS ALTERNATE
VOTING DELEGATES TO REPRESENT THE CITY AT THE 2012 LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE (140.20)
ADJOURNMENT:
There being no further business Mayor pro tem Taylor adjourned the meeting
at 9:02 p.m. to Tuesday, August 21, 2012, at 5:00 p.m. for Closed Session and
6:00 p.m. for a public Business Session, in the City Council Chamber.
Resp�ee tfuAyub 7 itt ,
ARIA MORRIS, CITY 6t-ERKNN
Approved: August 21, 2012
ATTES
LARR'Y KRAMFK, AYOR
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