12-1204_CC_Minutes_Regular MeetingMINUTES
DECEMBER 4, 2012
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
BUSINESS SESSION:
Mayor Kramer called the Regular Meeting of
City of San Juan Capistrano to order at 6:12 p.m. in
Council Member Freese led the Pledge of Allegiance and
the invocation.
ROLL CALL
the City Council of the
the City Council Chamber.
Council Member Reeve gave
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:
• South Orange County Wastewater Authority meeting.
• Economic Preservation Committee meeting.
• Transportation Corridor Agency meeting.
• Meeting with Trout Unlimited.
• Meeting with Cub Scouts Pack 12.
• Lot 217 meeting.
• Annual Tree Lighting Ceremony.
• RokPrime Steakhouse & Grille Ribbon Cutting Ceremony.
• Nuclear Regulatory Commission meeting.
• JSerra's Annual Shepherd's Christmas Luncheon.
• Harrison House Brokers Interview.
• 1-5/Ortega Interchange Project Task Force Emergency Services meeting.
• Gang Reduction and Intervention Partnership (GRIP) Thanksgiving Ceremony.
• South Orange County Association of Mayors meeting.
• Association of California Cities — Orange County meeting.
• Electric Vehicle Workshop.
• Marriott Residence Inn Electric Charging Station Ribbon Cutting Ceremony.
• Ecology Center Reception.
• Harvest Festival at the Riding Park.
• Mayor's Walk along Los Rios Street.
• Metropolitan Water District Orange County Forum.
• CALTROP Meeting.
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; Kathy Hooper, Steve Behmerwold, and Ronald Denman, Parks,
Recreation and Senior Services Commission; Rob Williams and Ginny Kerr,
Planning Commission; and, Renee Ritchie, Open Space, Trails and Equestrian
Commission.
CITY COUNCIL REORGANIZATION:
1. Public Comments regarding Agenda Items C-2 through C-10:
• Kathy Hooper, City resident.
2. RESOLUTION 12-12-04-01 ADOPTED
RESULTS: SAM ALLEVATO AND DR.
COUNCIL MEMBERS (630.20)
THE NOVEMBER 6, 2012 ELECTION
ROY L. BYRNES ELECTED AS CITY
Maria Morris, City Clerk, summarized the results of the November 6, 2012,
election.
Council Action: Moved by Council Member Taylor, seconded by
Council Member Freese, and carried unanimously to approved Resolution No.
12-12-04-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2012,
DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY
LAW."
3. RESOLUTION 12-12-04-02 ADOPTED EXPRESSING APPRECIATION FOR
OUTSTANDING PUBLIC SERVICES BY CITY COUNCIL MEMBER LAURA
FREESE (610.40)
Council Action: Moved by Council Member Allevato, seconded by
Council Member Taylor, and carried unanimously to approved Resolution No.
12-12-04-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, EXPRESSING APPRECIATION
FOR OUTSTANDING PUBLIC SERVICE BY LAURA FREESE MEMBER OF
THE SAN JUAN CAPISTRANO CITY COUNCIL."
4. REMARKS PROVIDED BY OUTGOING COUNCIL MEMBER LAURA FREESE.
5. OATH OF OFFICE ADMINISTERED TO NEWLY ELECTED COUNCIL
MEMBERS ROY L. BYRNES M.D. AND SAM ALLEVATO (630.20)
Maria Morris, City Clerk, administered the Oath of Office.
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6. REMARKS PROVIDED BY NEWLY SEATED COUNCIL MEMBERS f
ROY L. BYRNES M.D. AND SAM ALLEVATO
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7. JOHN TAYLOR SELECTED TO SERVE AS MAYOR AND SAM ALLEVATO
SELECTED TO SERVE AS MAYOR PRO TEMPORE OF THE CITY OF SAN
JUAN CAPISTRANO CITY COUNCIL, TERMS ENDING DECEMBER 2013
(630.20)
Maria Morris, City Clerk, called for nominations for the office of Mayor.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Byrnes, and carried unanimously to select John Taylor as
Mayor, term ending December 2013.
Maria Morris, City Clerk, called for nominations for the office of Mayor pro tem.
Council Action: Moved by Council Member Kramer, seconded by
Council Member Taylor, and carried 3-2 with Council Member Byrnes and
Council Member Reeve opposed to select Sam Allevato as Mayor pro tem, term
ending December 2013.
ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Byrnes and Reeve
ABSENT: COUNCIL MEMBER: None
8. OUTGOING MAYOR LARRY KRAMER RECOGNIZED FOR HIS SERVICE AND
CONTRIBUTION AS A SAN JUAN CAPISTRANO MAYOR
9. REMARKS PROVIDED BY OUTGOING MAYOR LARRY KRAMER
10. REMARKS PROVIDED BY NEWLY APPOINTMENT MAYOR PRO TEM
ALLEVATO AND MAYOR TAYLOR
ORAL COMMUNICATIONS:
• Francisco Marmolejo, Orange County Human Relations Council; Art Guevara,
City resident; Ian Smith, City resident; Jill Hanna, City resident; and Kim Lefner, City
resident.
CONSENT CALENDAR:
Council Action: Moved by Mayor pro tem Allevato, seconded by Council Member
Byrnes and carried unanimously to approve consent calendar items 1, through 4, 7, 8,
9, 10, 13, and 15 as recommended by staff with Council Member Reeve opposed to
consent calendar item 13 and Council Member Byrnes abstained from consent calendar
item 2.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING OF NOVEMBER 13, 2012,
APPROVED.
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ROLL CALL:
AYES: COUNCIL MEMBER: Kramer, Reeve, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Byrnes
3. RESOLUTION 12-12-04-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DELEGATING TO THE CITY TREASURER AUTHORITY TO DEPOSIT CITY
FUNDS AND TO INVEST OR REINVEST CITY FUNDS, AUTHORIZING
SIGNATURES AND REPEALING RESOLUTION NO. 11-12-06-01." (320.10)
4. CHECK REGISTER FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED OCTOBER 19, 2012, TO NOVEMBER 1, 2012; CHECKS AND
ELECTRONIC TRANSACTIONS DATED NOVEMBER 2 TO NOVEMBER 15,
2012; PAYROLL (DIRECT DEPOSITS) DATED OCTOBER 26,2012; PAYROLL
(CHECK) DATED NOVEMBER 1, 2012; AND PAYROLL (DIRECT DEPOSITS)
DATED NOVEMBER 9, 2012, RECEIVED AND FILED (300.30)
5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED OCTOBER 31,
2012, RECEIVED AND FILED (350.30)
Cindy Russell, Chief Finance Officer, responded to questions.
• Public Comments: Clint Worthington, City resident; John Perry, City Resident.
Council Action: Moved by Council Member Byrnes, seconded by
Mayor pro tem Allevato, and carried 4-1 with Council Member Reeve opposed to
receive and file the Cash and Investment Report for the month ended October
31, 2012.
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
6. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
7. CLAIM OF SAN JUAN HILLS ESTATES HOMEONWERS 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)
8. CLAIM OF SAN JUAN MOBILE ESTATES/TED ROBERTS DENIED BASED
UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S
INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70)
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9. CLAIM OF SHABNAM HULTON DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
10. STREET BANNER CALENDAR FOR BANNER INSTALLATION AT THE
INTERSECTION OF CAMINO CAPISTRANO AND DEL OBISPO, APPROVED
(410.40)
11. DONATION FROM DR. MOZELLE SUKUT TO FUND THE PURCHASE OF
LANDSCAPE IMPROVEMENTS FOR THE LOS RIOS PARK, ACCEPTED; AND
FISCAL YEAR 2012-2013 REVENUE ACCOUNT 01-00000-48101-00000-000
INCREASED BY $500 AND $500 APPROPRIATED TO ACCOUNT 01-83722-
64116-00000-737 (150.10)
Mayor Taylor recused himself and stepped out of the Council Chamber due to
the proximity to his residence. Mayor pro tem Allevato took control of the
meeting.
Council Action: Moved by Council Member Byrnes, seconded by
Council Member Reeve, and carried 4-0 with Mayor Taylor recused to approve a
donation from Dr. Mozelle Sukut to fund the purchase of landscape
improvements for the Los Rios Park; and Fiscal Year 2012-2013 revenue
account 01-00000-48101-00000-000 by $500 and $500 appropriated to account
01-83722-64116-00000-737
ROLL CALL:
AYES:
COUNCIL MEMBER: Byrnes, Reeve, Kramer and Mayor pro tem Allevato
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Mayor Taylor
12. PERSONAL SERVICES AGREEMENT WITH SUSAN DYSINGER AND WENDY
TEDDIMAN IN THE AMOUNT OF $100 PER MONTH, PLUS WATER SERVICE,
FOR USE OF CITY -OWNED PROPERTY LOCATED AT THE TERMINUS OF
OSO ROAD, WEST OF CAMINO CAPISTRANO, APPROVED (600.30)
• Public Comments: Clint Worthington, City resident.
Council Action: Moved by Council Member Byrnes, seconded by
Mayor pro tem Allevato, and carried unanimously to approve a Personal Services
Agreement with Susan Dysinger and Wendy Teddiman in the amount of $100
per month, plus water service, for use of City -owned property located at the
terminus of Oso road, west of Camino Capistrano.
13. FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH
PROJECT PARTNERS TO PERFORM WATER OPERATIONS SERVICES FOR
A TOTAL COST NOT TO EXCEED $242,000, APPROVED (600.30)
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ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
14. AMENDMENTS TO THE CITY OF SAN JUAN CAPISTRANO PERSONNEL
RULES AND REGULATIONS, MEMORANDUM OF UNDERSTANDINGS WITH
THE SAN JUAN CAPISTRANO MANAGEMENT AND PROFESSIONAL
EMPLOYEES ASSOCIATION (MPEA) AND THE SAN JUAN CAPISTRANO
CLASSIFIED EMPLOYEES ASSOCIATION (CEA), APPROVED (700.40)
Tom Bokosky, Human Resource Manager, and Steve Dunn, Consultant,
provided a staff report and responded to questions.
Council Action: Moved by Council Member Byrnes, seconded by
Mayor pro tem Allevato, and carried 4-1 with Council Member Reeve opposed to
approve amendments to the City of San Juan Capistrano Personnel Rules and
Regulations, Memorandum of Understandings with the San Juan Capistrano
Management and Professional Employees Association (MPEA) and the San
Juan Capistrano Classified Employees Association (CEA).
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
15. SALE OF A PORTION OF PARCEL NO. 125-173-01 TO SANTA MARGARITA
WATER DISTRICT (SMWD) TO FACILITATE THE CONSTRUCTION OF AN
FLOW CONTROL AND PUMP STATION FOR SMWD AND THE GRANTING
AND ACCEPTANCE OF PUBLIC WORKS EASEMENTS ACROSS AND
ADJACENT TO SAID PARCEL TO AND FROM SMWD TO FACILITATE
MUTUAL INGRESS/EGRESS; EXCHANGE OF A QUITCLAIM DEED TO
RANCHO MISSION VIEJO (RMV) OVER AN EXISTING ACCESS EASEMENT
FOR REPLACEMENT EASEMENTS TO RESTORE THE ACCESS ROAD TO
THE PROPERTY; ACCEPTANCE OF A PIPELINE EASEMENT AND A
TEMPORARY CONSTRUCTION EASEMENT FROM RMV FOR FUTURE
LOCATION OF CITY'S SC -04 PIPELINE; AND, ACCEPTANCE OF PAYMENT
IN THE AMOUNT OF $35,370, APPROVED (670.701670.50)
16. FORMAL BIDDING REQUIREMENTS, WAIVED; AND, PERSONAL SERVICES
AGREEMENT WITH AKM ENGINEERS FOR THE REVISION OF PLANS AND
SPECIFICATIONS FOR THE PHASE II GROUNDWATER RECOVERY PLANT
EXPANSION (CIP 13807), APPROVED (600.30)
Keith Van Der Maaten, Utilities Director, responded to questions.
• Public Comments: Kim Lefner, City resident; Clint Worthington, City resident.
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Council Action: Moved by Council Member Kramer, seconded by
Council Member Byrnes, and carried 4-1 with Council Member Reeve opposed to
waive formal bidding requirements; and, approve a Personal Services Agreement
with AKM Engineers for the revision of plans and specifications for the Phase II
Groundwater Recovery Plant Expansion (CIP 13807)
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Kramer, Allevato and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
17. PERSONAL SERVICES AGREEMENT WITH R3 CONSULTING GROUP FOR
AN INDEPENDENT AUDIT OF THE CITY'S INTEGRATED SOLID WASTE
COLLECTION FRANCHISE AGREEMENT IN THE AMOUNT NOT TO EXCEED
$23,738; AND, APPROPRIATION OF $23,738 FROM THE GENERAL FUND
RESERVE TO ACCOUNT 01-93829-62409-10001-000, APPROVED (600.30)
Keith Van Der Maaten, Utilities Director, responded to questions.
• Public Comments: Mark Alpers, R3 Consulting Group; Kim Lefner,
City resident; Ian Smith, City resident; and Clint Worthington, City resident.
Council Action: Moved by Mayor pro tem Allevato, seconded by Council
Member Reeve, and carried unanimously to approve a Personal Services
Agreement with R3 Consulting Group for an independent audit of the City's
Integrated Solid Waste Collection Franchise Agreement in the amount not to
exceed $23,738; and, appropriation of $23,738 from the general fund reserve to
account 01-93829-62409-10001-000.
PUBLIC HEARINGS:
CONSIDERATION OF THE FORMATION OF A GEOLOGIC HAZARD
ABATEMENT DISTRICT FOR TENTATIVE TRACT 13436 (CAMPANILLA
HOMEOWNERS ASSOCIATION) (TAYLOR MORRISON OF CALIFORNIA,
LLC.) — CONTINUED TO JANUARY 15, 2013 (345.90)
Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Kramer, and carried unanimously to continue the public hearing
to January 15, 2013.
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.
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ORDINANCES:
1. SECOND READING AND REVISED ORDINANCE AMENDING MUNICIPAL
CODE SECTION 4-6.501, ARTICLE 5, TITLE 4 — ESTABLISHING SPEED
LIMITS, APPROVED (590.30)
• Public Correspondence: Debra Salat, City resident; Jack Frost, City resident;
Steve Roach; Gary and Inga Johnson, City residents; Gila Jones, City
resident; David and Myrna Farell, City residents; Tom Jones, City resident;
Dick Narveson, City resident; Paul Walker, City resident; Mark Speros, City
resident; Maryann and Kristin Tucker, City residents.
• Public Comments: Gila Jones, City resident; Mark Speros, City resident;
and Thomas Jones, City resident.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor pro tem Allevato, seconded by
Council Member Byrnes, and carried unanimously to approved a second reading
of an ordinance entitled "AN ORDINANCE 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."; including
amending the speed limit on Ortega Highway from La Novia Avenue to Via
Cordova/Hunt Club Drive from forty five (45) miles per hour to forty (40) miles per
hour.
COUNCILMANIC ITEMS:
1. DISCUSSION REGARDING ASSISTING CITY BUSINESSES DURING THE
1-5/ORTEGA INTERCHANGE PROJECT CONSTRUCTION BY REDUCING
PARK USE FEES AND ALLOWING FLEXIBILITY WITH SIGN REGULATIONS
(960.201410.40)
• Public Comments: Mark Bodenhamer, Chamber of Commerce.
Council Action: Moved by Council Member Kramer, seconded by
Council Member Reeve, and carried unanimously to direct staff to bring back to
the City Council to reduce Park Use Fees and flexibility with sign regulations
during the construction of the I-5/Ortega Interchange Project.
Mayor pro tem Allevato requested staff to notify all the residents who provided public
comments and correspondence for the ordinance item related to establishments of
speed limits.
Council Member Byrnes suggested that former Council Member Laura Freese continue
serving the City in Sub -Committees such as the Economic Preservation (1-5 Ortega
Interchange Project) Sub -Committee.
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ADJOURNMENT:
There being no further business Mayor Taylor adjourned the meeting
at 10:18 p.m. to Tuesday, December 11, 2012, at 5:00 p.m. for Closed Session, and
6:00 p.m. for a public Business Session, in the City Council Chamber.
R pectfully submitted,
V�
RIA MOR (r C RK
Approved: December 11, 2012
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