12-1002_CC_Minutes_Regular MeetingMINUTES
October 2, 2012
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Kramer called the Regular Meeting of the City Council to order at
5:00 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 Larry 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 Govt. 54956.9(a), the City Council conferred with
legal counsel pertaining to existing litigation in the matter of In re Capistrano
Terrace, Ltd. Case No. 8:11-bk-19767 MW.
b. Pursuant to Government Code Section 54957, the City Council conducted a
public employee performance evaluation of the City Attorney.
BUSINESS SESSION:
Mayor Kramer called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:05 p.m. in the City Council Chamber.
Council Member Reeve led the Pledge of Allegiance and City Council Member Freese
gave the Invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, Mayor pro tem
John Taylor and Mayor Larry Kramer
COUNCIL MEMBERS ABSENT: Sam Allevato
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: Mayor pro tem Taylor
announced that he recused himself from Closed Session item A, due to a possible
prior business relationship between his wife and one of the owners of Capistrano
Terrace, Ltd.
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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:
• International Council of Shopping Centers Conference.
• Shea Center Barbeque.
• Water Board meetings.
• Acknowledged removal of Red Light Cameras.
• Retirement farewell for Tom Margro, former Chief Executive Officer for the
Transportation Corridor Agencies.
• California Joint Powers Insurance Authority meeting.
• South Orange County Watershed Management meeting.
• San Juan Summer Nights Concert.
• South Orange County Mayors Breakfast.
• Women's Council of Realtors Fundraiser for Boys and Girls Club.
• Camino Health Center Open House.
• Nine South County Agencies meeting.
• Desalinization meeting.
• Fish for Life at Dana Point.
INTRODUCTIONS AND PRESENTATIONS:
MAYOR PRO TEM TAYLOR INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Ilse Byrnes and Renee Ritchie, Open Space, Trails and
Equestrian Commission; Nicole Winn, Erica Delamare, Kallin Zehren, and Ryan
St. Onge, Youth Advisory Board; and Gerald Muir, Youth Advisory Board and
Parks, Recreation and Senior Services Commission.
2. JSERRA CATHOLIC HIGH SCHOOL SWIM TEAM, RECOGNIZED (610.40)
3. OCTOBER PROCLAIMED AS NATIONAL ARTS AND HUMANITIES MONTH
(610.40)
ORAL COMMUNICATIONS:
• Ryan St. Onge, Youth Advisory Board Member; Michael Luna, San Clemente
resident; Jeff Peo, City resident; and Bob Kline, City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Allevato, seconded by Council Member
Reeve, and carried unanimously to approve consent calendar items 1 through 10, and
12 as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING OF SEPTEMBER 18, 2012
(CLOSED SESSION), APPROVED
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3. CITY COUNCIL MINUTES — REGULAR MEETING OF SEPTEMBER 18, 2012,
APPROVED
4. CASH AND INVESTMENTS REPORTS FOR AUGUST 31, 2012, RECEIVED
AND FILED (350.30)
5. CHECK REGISTER FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED AUGUST 24, 2012, TO SEPTEMBER 6, 2012; PAYROLL (CHECKS)
DATED AUGUST 31, 2012; AND PAYROLL (DIRECT DEPOSITS) DATED
AUGUST 31, 2012, RECEIVED AND FILED (300.30)
6. FIVE-YEAR SUBSCRIPTION RENEWAL AGREEMENT FOR CITYGIS
SERVICE (DIGITAL MAP PRODUCTS, INC.), APPROVED (600.30)
7. REGULAR MEETING SCHEDULE OF THE CITY COUNCIL REVISED BY
CHANGING THE DATE OF THE DECEMBER 18, 2012, MEETING TO
DECEMBER 11, 2012, APPROVED (610.10)
8. CLAIM OF JANELLE AND RODNEY ROBINSON, DENIED BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.70)
9. CONSTRUCTION AGREEMENT WITH KUNO'S GRADING, INC. FOR THE
REMOVAL OF LANDSLIDE DEBRIS ACCUMULATED ON THE LANDSLIDE
CATCHMENT AREA AND IN THE RETENTION BASIN IN THE AVENIDA
PLACIDA LANDSLIDE ARE FOR THE AMOUNT OF $36,871.50, APPROVED
U(600.30)
10. NEW DEVELOPMENT APPLICATIONS STATUS REPORT, RECEIVED AND
FILED (440.10)
11. CITY MANAGER'S APPROVAL OF A $3,298.90 AMENDMENT TO THE
ORANGE COUNTY CONSERVATION CORPS (OCCC) CONTRACT FOR
INSTALLATION OF THE TEMPORARY IRRIGATION SYSTEM FOR THE
MEASURE M-2 FUNDED 2C RANCH-TRABUCO CREEK HABITAT
CONSERVATION PROJECT FOR A TOTAL NOT TO EXCEED THE AMOUNT
OF $123,288.90, RATIFIED (600.50)
Grant Taylor, Development Services Director, responded to questions.
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried 4-1 with Council Member Reeve opposed
to ratify City Manager's approval of a $3,298.90 Amendment to the Orange
County Conservation Corps (OCCC) Contract for installation of the temporary
irrigation system for the Measure M-2 funded 2C Ranch-Trabuco Creek Habitat
Conservation Project for a total amount not to exceed the amount of
$123,288.90.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
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12. RECEIPT OF ONE BID FOR THE 1-5 AND ORTEGA HIGHWAY
INTERCHANGE PIPELINE RELOCATION PROJECT, ACKNOWLEDGED AND
REJECTED; STAFF DIRECTED TO REVISE THE PROJECT AND RE -BID THE
PROJECT; AND STAFF AUTHORIZED TO CONTINUE NEGOTIATIONS WITH
THE OWNER AND/OR THE DEVELOPER OF THE PLAZA BANDERAS HOTEL
FOR THE CONSTRUCTION AND PAYMENT FOR THE ALTERNATE PIPELINE
(600.30)
13. PERSONAL SERVICES AGREEMENT WITH NBS GOVERNMENT FINANCE
GROUP, DBA NBS (NBS) IN THE AMOUNT NOT TO EXCEED $49,070 TO
UPDATE THE CITY'S COST ALLOCATION PLAN, CONDUCT A CITY-WIDE
USER FEE STUDY, AND REVIEW THE CITY'S PARK AND RECREATION AND
CAPISTRANO CIRCULATION FEE PROGRAM (CCFP) FEES, APPROVED;
AND APPROPRIATION OF $14,350 FROM CAPISTRANO CIRCULATION FEE
PROGRAM FUND RESERVES TO FUND THE REVIEW OF THE
CIRCULATION FEE PROGRAM (CCFP) FEES, APPROVED (600.30)
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried unanimously to approve a Personal
Services Agreement with NBS Government Finance Group, dba NBS in the
amount not to exceed $49,070 to update the City's Cost Allocation Plan, conduct
a city-wide user fee study, and review the City's Park and Recreation and
Capistrano Circulation Fee Program (CCFP) fees, approved; and appropriation of
$14,350 from Capistrano Circulation Fee Program Fund Reserves to fund the
review of the Circulation Fee Program (CCFP) fees.
PUBLIC HEARINGS:
1. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE
GENERAL PLAN, PARKS AND RECREATION ELEMENT, FIGURE PR -1,
PARKS AND RECREATION FACILITIES (MASTER PLAN OF TRAILS) BY
ADDING THE 2C RANCH TRAIL CONNECTIONS (420.30)
William A. Ramsey, Assistant Development Services Director, provided a
PowerPoint presentation and responded to questions.
Mayor Kramer opened the public hearing and invited testimony.
• Public Testimony: Renee Ritchie, City resident; Ilse Byrnes, City resident; and
Ginny Kerr, City resident.
Mayor Kramer closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
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Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Taylor, 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 THE
GENERAL PLAN, PARKS AND RECREATION ELEMENT, FIGURE PR -1,
PARKS AND RECREATION FACILITIES (MASTER PLAN OF TRAILS) BY
ADDING THE 2C RANCH TRAIL CONNECTIONS;" and adopting the following
trail names: Foster Trail, 2C Ranch Trail, Trabuco Creek West Bank, and the
Trabuco Creek Trail.
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: None.
ORDINANCES: None.
COUNCILMANIC ITEMS:
Council Member Reeve requested to add a Councimanic item to the next City Council
meeting regarding the need to review Election Codes and Regulations.
ADJOURNMENT:
` There being no further business Mayor Kramer adjourned the meeting
O7:54 .m. to Tuesday, October 16, 2012, at 5:00 p.m. for Closed Session and
P/P.njfor a public Business Session, in the City Council Chamber.
submitted,
Approved: October 16, 2012
10/02/2012