12-0403_CC_Minutes_Regular MeetingMINUTES
APRIL 3, 2012
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Kramer called the Regular Meeting of the City Council to order at
5:06 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 54956.9(c), the City Council as Successor
Agency for the Former San Juan Capistrano Redevelopment Agency conferred with
legal counsel pertaining to one potential item for initiation of litigation.
b. Pursuant to Government Code Section 54956.9(a), the City Council conferred with
legal counsel pertaining to existing litigation in the matter of SJ Lot 217, LLC vs.
City of San Juan Capistrano.
u c. Pursuant to Government Code Section 54956.9(x), the City Council
conferred with legal counsel pertaining to existing litigation in the matter of
City of San Juan Capistrano vs. LeSeth.
d. 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).
e. Pursuant to Government Code Section 54956.9(x), the City Council
conferred with legal counsel pertaining to existing litigation in the matter of
Marbella Development Company 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 6:12 p.m. in the City Council Chamber.
City Council Member Reeve led the Pledge of Allegiance and City Council Member
Freese gave the Invocation.
Rnl I CAI I
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, Sam Allevato,
Mayor pro tem Taylor and Mayor Kramer
COUNCIL MEMBERS ABSENT: None
1
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 the proximity of
the property to his residence.
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:
• Worked on an Economic Development Video with the Chamber of Commerce.
• Swallows' Day Parade and Mercado — Fiesta Association and City Staff recognized
for the great event.
• Soft Opening of the Mission's Entry Gate.
• Retirement Ceremony for former Library Manager Teri Garza.
• Successor Agency Task Force meeting.
• Explorers Breakfast.
• Volunteer Luncheon for the Seniors Citizens Center.
• Creating High Performance Government in Orange County conference.
• Desalinization meeting.
INTRODUCTIONS AND PRESENTATIONS:
1. PROCLAMATION DESIGNATING APRIL 2012 AS DONATE LIFE MONTH
(610.40)
2. PRESENTATION BY CALTRANS REGARDING THE 1-510RTEGA HIGHWAY
INTERCHANGE PROJECT (800.20)
3. PRESENTATION BY ORANGE COUNTY FLOOD CONTROL DISTRICT ON
PHASE VII OF THE TRABUCO CREEK CHANNEL LEVEE PROTECTION
IMPROVEMENTS (600.30)
4. PRESENTATION REGARDING THE ORANGE COUNTY CRIME STOPPERS
PROGRAM (610.40)
5. 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; Tim Markel, Transportation
Commission; William Bonney, Housing Advisory Committee; Bob Cardoza,
Design Review Committee; Ilse Byrnes, Open Space, Trails and Equestrian
Commission; and Jan Siegel, Cultural Heritage Commission.
ORAL COMMUNICATIONS: None
2 4/312012
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member
Freese, and carried unanimously to approve consent calendar items 1 through 11, and
15 as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF MARCH 20, 2012,
APPROVED.
3.
CHECK REGISTER DATED MARCH 6, 2012, TO MARCH 8, 2012, IN THE
TOTAL AMOUNT OF $99,546.89; CHECK REGISTER DATED MARCH 9, 2012
TO MARCH 22, 2012, IN THE TOTAL AMOUNT OF $1,638,062.16; PAYROLL
CHECK DATED MARCH 8, 2012, IN THE AMOUNT OF $3,740.54; AND
PAYROLL DIRECT DEPOSITS DATED MARCH 16, 2012, IN THE TOTAL
AMOUNT OF $183,829.03, RECEIVED AND FILED (300.30)
4.
CASH AND INVESTMENTS REPORTS FOR MONTHS ENDED JULY 31, 2011
THROUGH FEBRUARY 29, 2012, RECEIVED AND FILED (350.30)
5.
PERSONAL SERVICES AGREEMENT WITH PYRO ENGINEERING, INC., DBA
BAY FIREWORKS FOR THE 2012 4T" OF JULY CELEBRATION AERIAL
FIREWORKS DISPLAY IN THE AMOUNT OF $30,000, APPROVED (600.30)
6.
DONATION FROM SYCAMORE TRAILS STABLES AND TRANSPORTATION
CORRIDOR AGENCIES FOR THE TOTAL AMOUNT OF $11,500 TO FUND
THE SECOND PAYMENT FOR THE 2012 4TM OF JULY CELEBRATION,
....
APPROVED; AND, DEFER REVENUE OF $11,500 TO ACCOUNT 01-72500-
62508-00000-648 TO FISCAL YEAR 2012-13 AND ALLOCATE FINAL
PAYMENT FOR THE 2012 4T" OF JULY CELEBRATION FIREWORKS
DISPLAY, APPROVED (150.60)
7.
CLAIM OF ALEX KLINGENSMITH DENIED BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.70)
8.
CLAIM OF JAIMIE DAVIS DENIED BASED UPON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
9.
NEW DEVELOPMENT APPLICATIONS STATUS REPORT — FROM
FEBRUARY 16, 2012, THROUGH MARCH 15, 2012, RECEIVED AND FILED
(440.10)
10.
AWARD OF BID TO HYDRO-SCAPE PRODUCTS, INC. FOR THE PURCHASE
OF IRRIGATION MATERIALS AND SUPPLIES FOR THE 2C
RANCH/TRABUCO CREEK HABITAT RESTORATION PLAN FOR $115,473.24;
AND BRING FORWARD FROM FISCAL YEAR 2012/2013 $50,000 OF
ESTIMATED REVENUE FROM THE CALTRANS COOPERATIVE
AGREEMENT AND APPROPRIATE $50,000 TO CIP 11205, APPROVED (CIP
u
11204, 11205, AND 11206) (370.30)
3 4/312012
11. PERSONAL SERVICES AGREEMENT WITH CALIFORNIA ELECTRIC SUPPLY
FOR THE PURCHASE OF COBRA -HEAD INDUCTION LIGHTING IN THE
AMOUNT OF $12,932.93; AMENDMENT NO. 1 TO THE PARK, RIGHT-OF-
WAY AND FACILITIES LIGHTING MAINTENANCE SERVICES CONTRACT
WITH EXCEL ELECTRIC FOR THE INSTALLATION OF COBRA -HEAD; AND
APPROPRIATE $189,031 TO CIP 12102, APPROVED (600.30)
12. PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
IMPROVEMENTS TO THE TRABUCO CREEK CHANNEL LEVEE
PROTECTION PHASE VII, APPROVED (600.30)
Council Action: Moved by Council Member Freese, seconded by Mayor pro tem
Taylor, and carried unanimously to approve the plans and specifications for the
construction of improvements to the Trabuco Creek Channel Levee Protection
Phase VI1.
13. CONTRACT CHANGES WITH PETERSON -CHASE TO BE APPROVED BY
THE CITY MANAGER BY CHANGE ORDER, NOT TO EXCEED $270,000 TO
PERFORM EXTRA WORK; AMENDMENT NO. 1 TO PERSONAL SERVICES
AGREEMENT WITH RBF CONSULTING IN THE AMOUNT OF
$18,000 TO PERFORM ENGINEERING SERVICES FOR REMOVAL AND
RECONSTRUCTION OF EXISTING BRIDGE; AND, AMENDMENT NO. 1 TO
PERSONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING IN THE
AMOUNT OF $18,590 TO PERFORM GEOTECHNICAL AND CORROSION
CONSULTING, APPROVED (DEL OBISPO STREET WIDENING FROM
ALIPAZ STREET TO PASEO ADELANTO - CIP 07107) (600.30)
Nisha Patel, Associate Engineer, responded to questions.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Freese, and carried unanimously to approve contract changes
with Peterson -Chase (to be approved by the City Manager by Change Order, not
to exceed $270,000) to perform extra work; Amendment No. 1 to Personal
Services Agreement with RBF Consulting in the amount of $18,000 to perform
engineering services for removal and reconstruction of existing bridge; and,
Amendment No. 1 to Personal Services Agreement with Willdan Engineering in
the amount of $18,590 to perform geotechnical and corrosion consulting,
approved (Del Obispo Street Widening from Alipaz Street to Paseo Adelanto -
CIP 07107)
14. COOPERATIVE AGREEMENTS WITH CALTRANS FOR STORM WATER
TREATMENT AND BETTERMENT -SIDEWALK PAVERS FOR THE
RECONSTRUCTION OF ORTEGA HIGHWAY AND 1-5 INTERCHANGE
(600.30)
Alan Oswald, Senior Traffic Engineer, provided a staff report and responded to
questions.
4 4/3!2012
Council Action: Moved by Council Member Allevato, seconded by
Council Member Freese, and carried unanimously to approve Cooperative
Agreements with Caltrans for Storm Water Treatment and Betterment -Sidewalk
Pavers for the reconstruction of Ortega Highway and 1-5 Interchange.
15. ENTERING INTO A COOPERATIVE AGREEMENT WITH THE CITY OF DANA
POINT, APPROVED; AND $173,500 APPROPRIATED TO CAPITAL
IMPROVEMENT PROJECT TO BE OFFSET BY AN INCREASE TO ESTIMATE
GRANT/REIMBURSEMENT REVENUE FOR FUND NO. 37 —
TRANSPORTATION GRANT PROJECTS FUND — OF $138,800 FOR THE
ORANGE COUNTY TRANSPORTATION AUTHORITY GRANT, AND $12,250
FOR THE CITY OF DANA POINT REIMBURSEMENT AND THE REMAINDER
OF $22,450 FROM GAS TAX FUND RESERVES, APPROVED (600.50/330.40)
PUBLIC HEARINGS:
1. RESOLUTION 12-04-03-01 ADOPTED CERTIFYING THE FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT (PEIR) FOR THE HISTORIC TOWN
CENTER MASTER PLAN AND FORM -BASED CODE (HISTORIC TOWN
CENTER MASTER PLAN); RESOLUTION 12-04-03-02 ADOPTED APPROVING
GENERAL PLAN AMENDMENTS (GPA) FOR THE HISTORIC TOWN CENTER
MASTER PLAN; RESOLUTION 12-04-03-03 ADOPTED APPROVING THE
HISTORIC TOWN CENTER MASTER PLAN WITH MODIFICATIONS; AND,
INTRODUCTION OF AN ORDINANCE TO AMENDMENT 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, APPROVED (CITY COUNCIL
URGENT STRATEGIC PRIORITY NO. 4) (400.20)
Mayor pro tem Taylor recused himself and left the City Council Chamber due to
the proximity to his residence.
Bill Ramsey, Assistant Development Services Director, provided a PowerPoint
presentation and responded to questions.
Mayor Kramer opened the public hearing and invited testimony.
Public Testimony:
• Art Birtcher, representing the Roma Catholic Diocese of Orange; Mark
Bodenhamer, Chamber of Commerce; Mechelle Lawrence -Adams,
representing the Mission Preservation Foundation; Ilse Byrnes, City resident;
Ken Fries, City resident; Tony Brown, City resident; William Griffith,
City resident; Larry Thomas, Chamber of Commerce; and Dr. Roy Byrnes,
City resident.
Mayor Kramer closed the public hearing
Maria Morris, City Clerk, read the title of the ordinance.
5 4/3/2012
1St Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried 4-0 with Mayor pro tem Taylor recused to
adopt RESOLUTION 12-04-03-01 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT
(PEIR) FOR THE HISTORIC TOWN CENTER MASTER PLAN AND FORM -
BASED CODE (HISTORIC TOWN CENTER MASTER PLAN),"
ROLL CALL:
AYES:
COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor Kramer
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Taylor
2nd 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 adopt RESOLUTION 12-04-03-02
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENTS (GPA) 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: Taylor
3rd Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried 4-0 with Mayor pro tem Taylor recused to
adopt RESOLUTION 12-04-03-03 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE HISTORIC TOWN CENTER MASTER PLAN WITH
MODIFICATIONS"; with a revision to Exhibit A — Historic Town Center Plan
Modifications, Yorba/Garcia Adobes (Oyharzabal) Property to read as follows:
The Garcia Adobe, Yorba Adobe, the barn and the outbuildings may be
adaptively re -used consistent with the Secretary of the Interior's "Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings." The future
planned parking structure expansion would be relocated to the rear of the EI
Adobe Restaurant property to the south or to the EI Adobe Plaza site to the
south. The mass of the parking deck would not exceed three stories (one below
grade, one at -grade and one open deck above -grade level) with about 16'-0"
maximum height.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Taylor
6 4/3/2012
n
n
4th 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 adopt the first reading and introduction
of an Ordinance entitled "AN ORDINANCE 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: Taylor
SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Housing Authority
Minutes)
ADMINISTRATIVE ITEMS:
G1 DEVELOPMENT SERVICES
a. CONSIDERATION OF A FEE WAIVER REQUEST FROM THE MISSION
PRESERVATION FOUNDATION FOR THE MISSION GROUP ENTRY, FENCE,
GATE HOUSE, AND GIFT SHOP PROJECT (390.30)
Grant Taylor, Development Services Director, provided a staff report and
responded to questions.
• Public Comments: Mechelle Lawrence -Adams, Mission Preservation
Foundation.
1St Council Action: Moved by Council Member Reeve, seconded by Council
Member Allevato, and carried unanimously to approve a fee waiver of $23,310
(Phase 2 Building Permit estimate and Circulation Fee Program) to the
Mission Preservation Foundation for the Mission group entry, fence, gate house
and gift shop project.
2nd Council Action: M
Council Member Freese,
water ($4,309.32) and
Foundation to pay 1/3
remainder 213 to be paid
by June 30, 2013.
�J
oved by Council Member Allevato, seconded by
and carried unanimously to a
sewer ($5138.96) fees; and
of the fees at the time permits
once the gift shop is open to the
7
pprove combining the
Mission Preservation
are pulled and the
public or no later than
4/3/2012
G2 UTILITIES SERVICES
a. RESOLUTION 12-04-03-04 ADOPTED AUTHORIZING THE CITY MANAGER
TO IMPLEMENT STAFFING CHANGES IN THE UTILITIES AND PUBLIC
WORKS DEPARTMENTS (700.10)
Keith Van Der Maaten, Utilities Director, provided a PowerPoint presentation and
responded to questions.
Council Action: Moved by Council Member Allevato, seconded Council Member
Taylor, and carried unanimously to adopt RESOLUTION 12.04-03-04 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
IMPLEMENT STAFFING CHANGES IN THE UTILITIES AND PUBLIC WORKS
DEPARTMENTS."
SUCCESSOR AGENCY OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY BUSINESS:
CHECK REGISTER DATED MARCH 9, 2012 TO MARCH 22, 2012, 1N THE
TOTAL AMOUNT OF $7,876.38, RECEIVED AND FILED (300.30)
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried unanimously to receive and file the check
register dated March 9, 2012, through March 22, 2012, in the total amount of
$7,876.38.
2. CASH AND INVESTMENTS REPORTS FOR MONTHS ENDED JULY 31, 2011
THROUGH JANUARY 31, 2012, RECEIVED AND FILED (350.30)
Council Action: Moved by Council Member Allevato, seconded by
Mayor pro tem Taylor, and carried unanimously to receive and file the Cash and
Investments Report for months ended July 31, 2011 through January 31, 2012.
3. CASH AND INVESTMENTS REPORTS FOR MONTH ENDED FEBRUARY 29,
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 February 29, 2012.
ORDINANCES: None
8 4/3/2012
COUNCILMANIC ITEMS:
1. CLARIFICATION MADE REGARDING CITY COUNCIL POLICY NO. 125
IMPLEMENTING "ACTION MINUTES" FOR ALL WEBCASTED FORMAL CITY
COUNCIL, COMMISSIONS, COMMITTEES, AND BOARDS MEETINGS,
APPROVED (610.30)
Maria Morris, City Clerk, provided a staff report and responded to questions.
Council Action: Moved by Council Member Allevato, seconded by
Mayor pro tem Taylor, and carried unanimously clarifying that City Council Policy
No. 125 implements "Action Minutes" for all webcasted City Council,
Commissions, Committees and Boards that are either video recorded or
audio -only recorded.
ADJOURNMENT:
There being no further business Mayor Kramer adjourned the meeting
at 11:09 p.m. to Tuesday, April 17, 2012, at 5:00 p.m. for Closed Session and
6:00pr)njor a public Business Session, in the City Council Chamber,
ResOeptfolly submitted,
S, CITY 04,ERK
Approved: April 17, 2012
ATTEST:
LARRY KRAMFR,, MAYOR
9 4/3/2012