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12-1113_CC_Minutes_Special MeetingMINUTES NOVEMBER 13, 2012 SAN JUAN CAPISTRANO CITY COUNCIL SPECIAL MEETING BUSINESS SESSION: Mayor Kramer called the Special Meeting of the City Council of the City of San Juan Capistrano to order at 5:33 p.m. in the City Council Chamber. Mayor pro tem Taylor led the Pledge of Allegiance and 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. 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: • Economic Preservation Sub -Committee meeting. • Senator Wyland Meet and Greet Luncheon. • Historical Society Annual meeting. • Water Advisory Committee of Orange County meeting. • Associated California Cities Orange County Division workshop. • 1-5 High Occupancy Vehicle Aesthetics meeting. • Foothill/Eastern and San Joaquin Transportation Corridor Agency meetings. • Joint Powers Insurance Authority meeting. • Bidders Conference for Lot 217. • Meeting with residents on Reata Park and Event Center. • Stake Holders for Economic Protections meeting. • Orange County Transportation Authority District meeting. • Barn Dance at Blenheim Farms. • Brush Salon Ribbon Cutting. • Desalinization Meeting. • Tri -Cities Water Savers meeting. • Chamber of Commerce Breakfast. • Marketplace Exposition and Visionary Awards. • Ceramic's Studio Ribbon Cutting. L INTRODUCTIONS AND PRESENTATIONS: 1. MAYOR PRO TEM TAYLOR INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Gerald Muir, Parks, Recreation and Senior Services Commission and Youth Advisory Board; Bob Cardoza, Design Review Committee; and, Lee Goode, Utilities Commission. 2. HISTORIC RE-ENACTMENT OF CALIFORNIA'S FIRST CONSTITUTION PRESENTED BY THE YOUTH ADVISORY BOARD (610.40) 3. NOVEMBER 25TH THROUGH DECEMBER 1ST PROCLAIMED AS NATIONAL FAMILY WEEK (610.40) 4. NOVEMBER 2012 PROCLAIMED AS PANCREATIC CANCER AWARENESS MONTH (610.40) 5. RIDGE EVENT REPORT PROVIDED BY THE SAN JUAN CAPISTRANO ROTARY CLUB (610.40) 6. PRESENTATION PROVIDED BY PEPPERDINE UNIVERSITY REGARDING GANG PREVENTION/INTERVENTION, COUNSELING AND EDUCATION PROGRAM IN THE PUBLIC SCHOOLS (610.40/600.30) 7. UPDATE PROVIDED ON THE ECONOMIC PRESERVATION (1-5 ORTEGA INTERCHANGE PROJECT) SUB -COMMITTEE (800.20) ORAL COMMUNICATIONS: Rhen Kohan, City resident. CONSENT CALENDAR: 7 Council Action: Moved by Council Member Reeve, seconded by Council Member Allevato, and carried unanimously to approve consent calendar items 1, through 17 as recommended by staff, with Mayor Kramer abstained from Consent Calendar D3; and Council Member Reeve abstained from Consent Calendar D3 and D9, and opposed to D12. 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2. CITY COUNCIL MINUTES — REGULAR MEETING OF OCTOBER 16, 2012, APPROVED. 3. CHECK REGISTER FOR CHECKS AND ELECTRONIC TRANSACTIONS DATED SEPTEMBER 21, 2012, TO OCTOBER 18, 2012; PAYROLL (CHECKS) DATED OCTOBER 4, 2012; AND PAYROLL (DIRECT DEPOSITS) DATED OCTOBER 12, 2012; AND PAYROLL (CHECKS) DATED OCTOBER 12, 2012, RECEIVED AND FILED (300.30) r� 2 11/13/2012 ROLL CALL: AYES: COUNCIL MEMBER: Freese, Allevato and Mayor pro tem Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Reeve and Mayor Kramer 4. CASH AND INVESTMENTS REPORTS FOR THE MONTH ENDED SEPTEMBER 30, 2012, RECEIVED AND FILED (350.30) 5. SECOND AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH MANAGEMENT PARTNERS TO PERFORM PROFESSIONAL PUBLIC WORKS CONSULTING SERVICES, APPROVED (600.30) 6. TEN-YEAR LEASE AGREEMENT WITH MISSION TRAILS STABLES FOR THE CITY -OWNED STABLE PROPERTY LOCATED AT 28432 CALLE ARROYO IN THE AMOUNT OF $3,994.98 PER MONTH, PLUS AN ANNUAL CONSUMER PRICE INDEX INCREASE, APPROVED (600.20) 7. CLAIM OF AETNA HEALTH PLANS, DANINE SUMMERS AND SEAN SUMMERS CIO THE RAWLINGS COMPANY LLC DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) 8. CLAIM OF ANDREW SYSYN DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) 9. CLAIM OF SAN JUAN HILLS ESTATES HOMEOWNERS ASSOCIATION CIO D. WANKEL, ESQ., HICKEY & PETCHUL, LLP DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) ROLL CALL: AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Reeve 10. NEW DEVELOPMENT APPLICATIONS STATUS REPORT, RECEIVED AND FILED (440.10) 11. LENDING LOAN AGREEMENT WITH THE IRVINE MUSEUM WITH A TERM ENDING DECEMBER 31, 2013, APPROVED (600.30) 3 11/13/2012 12. FORMAL BIDDING PROCEDURE FOUND WOULD CAUSE THE ACQUISITION OF A PRODUCT HAVING LESS UTILITY TO THE CITY THAN OTHER KNOWN PRODUCTS IN THE MARKET PLACE AND CONCURRED WITH AN EXCEPTION TO THE FORMAL BID REQUIREMENTS OF SECTION 3-4.305 OF THE MUNICIPAL CODE; PURCHASE OF CALIFORNIA NATIVE PLANTS FOR THE 2C RANCH-TRABUCO CREEK HABITAT RESTORATION PROJECT FROM TREE OF LIFE NURSERY FOR $87,976.10 TO BE FUNDED WITH GRANT FUNDS, APPROVED; AND PURCHASE OF CALIFORNIA NATIVE SEEDS FOR THE 2C RANCH-TRABUCO CREEK HABITAT RESTORATION PROJECT FROM S&S SEED FOR $55,858.91 TO BE FULLY FUNDED WITH GRANT FUNDS, APPROVED (370.30) ROLL CALL: AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None 13. RESOLUTION NO. 12-11-13-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED FOR THE TRAFFIC IMPROVEMENT FOR THE SOUTHBOUND RANCHO VIEJO ROAD AT JUNIPERO SERRA ROAD PROJECT (HARDY AND HARPER, INC., CIP NO. 07116);" CITY CLERK DIRECTED TO PROCESS THE RECORDING OF A NOTICE OF COMPLETION; STAFF AUTHORIZED TO RELEASE THE 10% RETENTION, IN THE AMOUNT OF $2,016.99, THIRTY FIVE (35) DAYS AFTER RECORDATION; AND AMENDMENT NO. 1 TO THE CONSTRUCTION AGREEMENT WITH HARDY AND HARPER, INC. IN THE AMOUNT OF $2,448, APPROVED (600.30) 14. RESOLUTION NO. 12-11-13-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING THAT THE CITY OF SAN JUAN CAPISTRANO IS SUBJECT TO THE PROVISION OF PUBLIC RESOURCES CODE, DIVISION 17, "GEOLOGIC HAZARD ABATEMENT DISTRICTS" TENTATIVE TRACT 13436, CAMPANILLA HOMEOWNERS ASSOCIATION (TAYLOR MORRISON OF CALIFORNIA, LLC)."; AND RESOLUTION NO. 12-11-13-03 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING SUFFICIENCY OF PETITION, DIRECTING NOTICE TO BE MAILED TO THE PROPERTY OWNER AND SETTING A TIME AND DATE FOR A PUBLIC HEARING FOR FORMATION OF A GEOLOGIC HAZARD ABATEMENT DISTRICT PURSUANT TO THE REQUIREMENTS OF PUBLIC RESOURCES CODE OF THE STATE OF CALIFORNIA, DIVISION 17 "GEOLOGIC HAZARD ABATEMENT DISTRICTS" TENTATIVE TRACT 13436, CAMPANILLA HOMEOWNERS ASSOCIATION (TAYLOR MORRISON OF CALIFORNIA, LLC.) (345.90) 4 11/13/2012 15. CHANGE ORDER IN THE AMOUNT $57,750.00 WITH A 10% CONTINGENCY FOR A TOTAL OF $63,525.00 TO THE CONSTRUCTION CONTRACT WITH PETERSON -CHASE ENGINEERING CONSTRUCTION, INC. FOR THE DEL OBISPO STREET WIDENING FROM ALIPAZ STREET TO PASEO ADELANTO PROJECT FOR THE TRABUCO CREEK BRIDGE APPROACH REPAIR IMPROVEMENTS, APPROVED (300.30) 16. AMENDMENT NO. 15 TO COOPERATIVE AGREEMENT NO. C-95-989 COMBINED TRANSPORTATION FUNDING PROGRAMS MASTER FUNDING AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA), APPROVED (600.50) 17. LICENSE AGREEMENT FOR CONSTRUCTION OF PERMANENT BEST MANAGEMENT PRACTICES (BMPs) IN ORANGE COUNTY FLOOD CONTROL DISTRICT (OCFCD) RIGHT OF WAY TO SERVE CITY OF SAN JUAN CAPISTRANO INFRASTRUCTURE IMPROVEMENTS, APPROVED; QUITCLAIM FROM ORANGE COUNTY FLOOD CONTROL DISTRICT (OCFCD) TO THE CITY OF SAN JUAN CAPISTRANO FOR A PORTION OF PARCEL 102-102.2, APPROVED; QUITCLAIM FROM ORANGE COUNTY FLOOD CONTROL DISTRICT (OCFCD) TO THE CITY OF SAN JUAN CAPISTRANO FOR A PORTION OF PARCEL L02-116, APPROVED; EASEMENT DEED FROM ORANGE COUNTY FLOOD CONTROL DISTRICT (OCFCD) TO THE CITY OF SAN JUAN CAPISTRANO FOR A PORTION OF PARCEL L02-151, APPROVED; AND AN EASEMENT DEED FROM THE CITY OF SAN JUAN CAPISTRANO TO ORANGE COUNTY FLOOD CONTROL DISTRICT (OCFCD) FOR A PORTION OF PARCEL L02-118, APPROVED (600.301670.50) PUBLIC HEARINGS: 1. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING THE MUNICIPAL CODE TITLE 4, CHAPTER 6: TRAFFIC; SPEED LIMITS ESTABLISHED (590.30) Alan Oswald, Senior Traffic Engineer, provided a PowerPoint presentation 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, ESTABLISHING PRIMA FACIE SPEED LIMITS AT VARIOUS LOCATIONS BY AMENDING SECTION 4-6.501, ARTICLE 5, TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE." 5 11/13/2012 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 OF A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION (MND) AND THE REATA PARK AND EVENT CENTER MASTER PLAN (CIP 12201) (CITY COUNCIL URGENT STRATEGIC PRIORITY) — ITEM REMOVED FROM THE AGENDA (420.60) • Public Correspondence: Renee Ritchie, City resident forwarded correspondence from Jeff Dickman, Planner IV — Trail Coordinator, OC Public Works. H2 FINANCE SERVICES a. FISCAL YEAR 2012113 FIRST QUARTER FINANCIAL REPORT, AND UPDATE ON THE CITY COUNCIL'S PRIORITIES, RECEIVED AND FILED; AND PROPOSED ADJUSTMENTS TO THE CITY'S OPERATING AND CAPITAL PROJECT FUNDS, APPROVED AS PRESENTED (330.20) Cindy Russell, Chief Financial Officer/City Treasurer, provided a PowerPoint presentation and responded to questions. Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried unanimously to receive and file the Fiscal Year 2012113 First Quarter Financial Report, and the update on the City Council's Priorities; and to approve proposed adjustments to the City's operating and capital project funds as presented. ORDINANCES: 1. ADOPTION OF ORDINANCE NO. 999 — AMENDING AND RESTATING CHAPTER 4 OF TITLE 3 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING PROCUREMENT PROCEDURES (420.30) Maria Morris, City Clerk, read the title of the ordinance. Council Action: Moved by Council Member Reeve, seconded by Council Member Freese, and carried unanimously to approve the second reading and adoption of Ordinance No. 999 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING AND RESTATING IN ITS ENTIRETY CHAPTER 4 OF TITLE 3 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING PROCUREMENT PROCEDURES." 6 11/13/2012 COUNCILMANIC ITEMS: 1. CONSIDERATION OF CONFIRMING THE CITY'S POLICY NOT TO EXTEND SAN JUAN CREEK ROAD BEYOND ITS CURRENT EASTERN TERMINUS, AND TO BEGIN THE PROCESS WITH THE COUNTY OF ORANGE TO REMOVE THE EXTENSION OF SAN JUAN CREEK ROAD FROM THE COUNTY'S MASTER PLAN OF ARTERIAL HIGHWAYS (800.60) Public Correspondence: Gerry and Susan Gamble, City residents; Shelagh Hegarty, City resident; Jim Ashby, City resident; Bruce and Katherine Tatarian, City residents; Ron and Marjorie Meyers, City residents. Public Comments: Richard Hill Adams, City resident; Orrie Brown, City resident; Don Richardson, City resident; Victor Cachia, City resident; Dusty Otero, City resident; Marie Midyett, City resident; Ken Callon, City resident; Jim Verbeerst. 11't Council Action: Moved by Council Member Freese, seconded by Council Member Allevato, and carried unanimously to confirm the City's long-standing policy that the City will not support the extension of San Juan Creek Road beyond its current terminus at the Camino Chico intersection. 2nd Council Action: Moved by Council Member Freese, seconded by Council Member Reeve, and carried 3-2 with Council Member Allevato and Mayor Kramer opposed to provide clear direction to staff that there is no interest in extending San Juan Creek Road to connect into the City's north east open space parcel and therefore, no City resources will be spent on pursuing such an extension, ROLL CALL: AYES: COUNCIL MEMBER: Freese, Reeve and Mayor pro tem Taylor NOES: COUNCIL MEMBER: Allevato and Mayor Kramer ABSENT: COUNCIL MEMBER: None 3rd Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried unanimously to provide the City Council with additional information of what would be the impacts and the procedures to initiate the process with the County of Orange and the Orange County Transportation Authority (OCTA) to remove a road (without reference to a specific road) from the County's Master Plan of Arterial Highways (MPAH). 2. REPORT AND RECOMMENDATIONS REGARDING THE STRUCTURE OF CITY COMMISSIONS, COMMITTEES AND BOARDS (660.40) 7 11/13/2012 • Public Comments: Dr. Roy Byrnes, Council Member Elect; Kathy Hooper, Parks, Recreation and Senior Services Commission; Rob Furgenson, Open Space, Trails and Equestrian Commission; Mark Bodenhamer, Chamber of Commerce; Gerald Muir, Youth Advisory Board and Parks, Recreation and Senior Services Commission; Bob Cardoza, Design Review Committee; Jan Siegel, Cultural Heritage Commission; and Steve Behmerwohld, Parks, Recreation and Senior Services Commission. 1St Council Action: Moved by Council Member Freese, seconded by Council Member Allevato, and carried unanimously to approve staggered appointments; with staggering appointments on the first year by the City Clerk conducting a random drawing of those appointed by the City Council to determine who would serve a two-year term and a one-year term; and subsequently having all commissioners/committee members serving a two-year term. 2nd Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem Taylor, and carried 4-1 with Council Member Allevato opposed to conduct interviews for Planning Commission applicants in an open session; and continue with the current interview process (by a Mayoral Sub -Committee) for the rest of the commissions, committees and boards. ROLL CALL: AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: Allevato ABSENT: COUNCIL MEMBER: None 3`d Council Action: Moved by Council Member Reeve, seconded by Council Member Freese, and carried 4-1 with Council Member Allevato opposed to conduct interviews in an open session for Planning Commission applicants who wish to fulfill the remainder term of a Planning Commission member who has resign/vacate their seat. ROLL CALL: AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: Allevato ABSENT: COUNCIL MEMBER: None 4th Council Action: Moved by Council Member Freese, seconded by Council Member Reeve, and carried unanimously to continue appointing Youth Advisory Board members for a one-year term; with vacancies declared in February; interviews conducted in April; appointments of new members scheduled for the second City Council meeting of May; and swearing in new members at the second Youth Advisory Board meeting in September. 5th Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried unanimously to eliminate the Transportation Commission and create a sub -set of the Planning Commission to include one (1) Planning Commission member and two (2) at large members who have expertise in the transportation field. 8 11/13/2012 6th Council Action: Moved by Council Member Allevato, seconded by Council Member Reeve, and carried unanimously to reduce the Planning Commission membership to five (5) members. 7th Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried unanimously to keep the Open Space, Trails and Equestrian Commission and the Parks, Recreation and Senior Services Commission as two separate commissions; and to reduce the membership of the Open Space, Trails and Equestrian Commission to five (5) members. 8th Council Action: Moved by Council Member Freese, seconded by Council Member Allevato, and carried unanimously for the Utilities Commission to continue to meet monthly. 9th Council Action: Moved by Mayor Kramer, seconded by Council Member Allevato, and carried unanimously to conduct appointments of Commissions and Committees in June for this upcoming appointment process; and to conduct appointments thereafter in March of each year to allow new members of the City Council to become more acquainted with the working of the commissions and committees before making appointments. 10th Council Action: Moved by Mayor Kramer, seconded by Council Member Reeve, and carried unanimously for the membership in the Design Review Committee to consist of two (2) at large members with one (1) at large alternate, and one (1) Planning Commissioner with one (1) Planning Commissioner alternate. 11th Council Action: Moved by Council Member Freese, seconded by Council Member Reeve, and carried unanimously to create an Investment Advisory Committee (with separate members from the Citizens' Bond Oversight Ad -Hoc Committee); and for the Committee to meet quarterly. 12th Council Action: Moved by Council Member Freese, seconded by Council Member Allevato, and carried unanimously to have Commissions/Committees with the exception of the Planning Commission and the Youth Advisory Board to meet no more frequently than monthly. 13th Council Action: Moved by Council Member Freese, seconded by Council Member Allevato, and carried unanimously for meeting agendas to be a collaborative effort between the Commission/Committee/Board Secretary and the Commission/Committee/Board Chair (meeting at least one week before the meeting to discuss and set the meeting agenda). 14th Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried unanimously for Ll Commission/Committee/Board members to communicate through their Commission/Committee/Board Secretary. 9 11/13/2012 15th Council Action: Moved by Council Member Freese, seconded by Council Member Reeve, and carried unanimously for Commission/Committee/Board members not to take individual action, but instead — work with the entire Commission/Committee/Board. 16th Council Action: Moved by Mayor pro tem Taylor, seconded by Council Member Freese, and carried unanimously to have Commission/Committee/Board Chairs meet with the Mayor and Mayor pro tem at least twice per year; once right after appointment. 3. DISCUSSION REGARDING DISRUPTION TO BUSINESSES/RESIDENTS ON LOS RIOS HISTORIC DISTRICT FROM PHOTOGRAPHERS, LEAF BLOWERS, AND DELIVERY TRUCKS — STAFF TO BRING BACK INFORMATION PERTAINING TO THESE ITEMS (910.50) Mayor pro tem Taylor recused himself due to the proximity to his residence and stepped out of the Council Chamber. ADJOURNMENT: There being no further business Mayor Kramer adjourned the meeting at 11:11 p.m. to Tuesday, December 4, 2012, at 5:00 p.m. for Closed Session, and 6:OOJ.m. foga public Business Session, in the City Council Chamber. submitted, Approved: December 4, 2012 10 11/13/2012