12-0515_CC_Minutes_Regular MeetingMINUTES
MAY 16, 2012
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Kramer called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:18 p.m. in the City Council Chamber. Council
Member Allevato led the Pledge of Allegiance and Mayor pro tem Taylor 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
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• South Orange County Wastewater Authority meeting.
• Oversight Board to the Successor Agency of the Community Redevelopment
Agency meeting.
• Council Member Freese provided an update of her meetings with legislators while
visiting (on her own expense) Washington D.C.; and informed that she was unable
to place a wreath at The Tomb of the Unknown Soldier at the Arlington National
Cemetery, due to a six week advance request requirement.
• Foothill/Eastern Transportation Corridor Agency Operations/Finance meetings.
• Transportation Corridor Agency Mobility Ad-hoc Committee meeting.
• San Joaquin Hills Transportation Corridor meeting.
• Presentation by California Independent Service Operator and San Diego Gas &
Electric regarding the outlook for electricity this summer.
• Negotiations meetings regarding Lot 217.
• Meeting with Open Space Foundation regarding the Lemon Grove.
• Meeting with St. Margaret's Episcopal School representatives.
• Chamber of Commerce Breakfast.
• Prayer Breakfast at Ortega Equestrian Center.
• South Orange County Watershed Management Area Executive Committee meeting.
• Kentucky Derby Fundraiser for San Juan Capistrano Equestrian Committee meeting.
• California ISO meeting.
• San Onofre Nuclear Generating Station (SONGS) meeting.
• Association of Orange County Cities — Orange County Board meeting.
• ARK Garden Tour.
• "Battle of the Mariachis" at the Mission.
• 2nd Saturday Art Fair.
• Government Leaders Prayer Breakfast.
• Community Emergency Response Team (CERT) training.
• Chamber of Commerce Luncheon.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM TAYLOR INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Steve Behmerwohld, and Ron Denman, Parks, Recreation
and Senior Services Commission; Bob Cardoza, Design Review Committee; and
Jameson Johnson, Youth Advisory Board.
2. PRESENTATION BY THE JSERRA CATHOLIC HIGH SCHOOL HOCKEY
TEAM (610.40)
3. TAYLOR SAMUELSON RECOGNIZED FOR EAGLE SCOUT PROJECT AND
AWARD (610.40)
4. MAY 20-26,2012, PROCLAIMED AS PUBLIC WORKS WEEK (610.40)
ORAL COMMUNICATIONS:
• Michael Johnson, City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Allevato, seconded by Council Member
Freese, and carried unanimously to approve consent calendar items 1, through 9, 11,
13 and 14 as recommended by staff with Mayor Kramer abstaining from consent
calendar 4.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF MAY 1, 2012,
APPROVED.
3. CHECK REGISTER FOR ELECTRONIC TRANSACTIONS DATED APRIL 17
TO APRIL 19, 2012, IN THE TOTAL AMOUNT OF $550.93; AND DATED
APRIL 20 TO MAY 3, 2012, IN THE TOTAL AMOUNT OF $1,900,996.47; AND
PAYROLL (DIRECT DEPOSIT) CHECK DATED APRIL 27, 2012, IN THE
TOTAL AMOUNT OF $185,198.36, RECEIVED AND FILED (300.30)
4. RESOLUTION NO. 12-05-15-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ORDERING THE PREPARATION OF PLANS,
SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND
REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF
THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND
CHAPTER 2.5 OF DIVISION 1 OF TITLE 5 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL
ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT, AND SETTING A
TIME AND PLACE FOR THE PUBLIC HEARING THEREON."
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor pro tem Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Mayor Kramer
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5. IMPROVEMENT AGREEMENT FOR ARCHITECTURAL CONTROL 09-004
WITHIN TRACT 13436, APPROVED; CITY CLERK AUTHORIZED TO ACCEPT
CORRESPONDING SECURITIES, AND RELEASE THE EXISTING
i SECURITIES POSTED BY PACIFIC COMMUNITIES BUILDERS; AND CITY
CLERK DIRECTED TO FORWARD THE IMPROVEMENT AGREEMENT TO
THE COUNTY RECORDER'S OFFICE FOR RECORDATION (600.30)
6. AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO CONSTRUCT
CONVERSION OF OVERHEAD ELECTRICAL FACILITIES TO
UNDERGROUND FOR AN AMOUNT NOT TO EXCEED $440,366.00
FOR THE DEL OBISPO STREET WIDENING FROM ALIPAZ STREET TO
PASEO ADELANTO PROJECT (CIP 07107), APPROVED (600.30)
7. RESOLUTION NO. 12-05-15-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 6, 2012,
FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES."; AND RESOLUTION NO.
12-05-15-03 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 6, 2012, WITH THE STATEWIDE GENERAL ELECTION TO BE
HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS
CODE." (630.20)
8. AMENDMENT TO AGREEMENT WITH N. HARRIS COMPUTER
CORPORATION (MSGOVERN) TO INCLUDE A PROFESSIONAL
APPLICATION USAGE ASSESSMENT OF THE CITY'S FINANCIAL
SOFTWARE, IN THE AMOUNT OF $6,860, APPROVED; AND AMENDMENT
TO AGREEMENT WITH CRW SYSTEMS TO PERFORM A BUSINESS
PROCESS REVIEW OF LICENSETRAK IN THE AMOUNT OF $2,500,
APPROVED (600.30)
9. RESOLUTION NO. 12-05-15-04 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING A CODE AMENDMENT TO SECTION 9-5.103 OF
THE MUNICIPAL CODE REDUCING HOUSING IN -LIEU FEES, BY
10%."(430.45)
10. RESOLUTION NO. 12-05-15-05 ADOPTED INITIATING A CODE AMENDMENT
TO AMEND TITLE 9, LAND USE, OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE REGARDING AUTO DEALER SIGN STANDARDS (410.40)
• Public Comments: Steve Behmerwohld, City resident; and Miles Brandon,
Capistrano Volkswagen.
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Council Action: Moved by Council Member Allevato, seconded by
Council Member Freese, and carried unanimously to adopt Resolution No.
12-05-15-05 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING A CODE
AMENDMENT TO AMEND TITLE 9, LAND USE, OF THE SAN JUAN 1,17
CAPISTRANO MUNICIPAL CODE REGARDING AUTO DEALER SIGN
STANDARDS."
11. CONSTRUCTION CONTRACT FOR THE CITY HALL "ONE STOP SHOP"
PROJECT AWARDED TO INSLEY CONSTRUCTION, INC., IN THE AMOUNT
OF $60,582 (PLUS THE COST OF PERFORMANCE AND LABOR AND
MATERIAL BONDS); AND CITY MANAGER AUTHORIZED TO APPROVE
CHANGES IN A TOTAL AMOUNT NOT TO EXCEED 10% OF THE CONTRACT
AMOUNT (CITY COUNCIL URGENT STRATEGIC PRIORITY NO. 6) (600.30)
12. MITIGATED NEGATIVE DECLARATION FOR THE BLAS AGUILAR ADOBE
NATURE EDUCATION FACILITIES GRANT PROJECT, APPROVED (910.50)
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Taylor, and carried unanimously to approve the Mitigated
Negative Declaration for the Blas Aguilar Adobe Nature Education Facilities
Grant Project; and staff directed to include proper identification signage along the
EI Camino Real frontage.
13. AWARD OF BID FOR THE PURCHASE OF AN IRRIGATION SYSTEM
BOOSTER PUMP FOR THE 2C RANCH-TRABUCO CREEK HABITAT
RESTORATION PROJECT TO GREEN PRODUCT SALES REPRESENTING
BARRETT ENGINEERED PUMPS FOR $23,018.63 TO BE FULLY FUNDED
WITH GRANT FUNDS, APPROVED (370.30)
14. CONSIDERATION OF A FIRST AMENDMENT TO THE SITE ACCESS
LICENSE FOR THE SAN JUAN CAPISTRANO OPEN SPACE FOUNDATION
TO DESIGN AND CONSTRUCT A PASSIVE PARK AT THE EAST OPEN
SPACE, PARCEL NO. 8 LEMON GROVE (CITY COUNCIL URGENT
STRATEGIC PRIORITY NO. 3(1)) (600.30) — ITEM REMOVED FROM THE
AGENDA BY STAFF
PUBLIC HEARINGS: None
ADMINISTRATIVE ITEMS:
F1 FINANCIAL SERVICES
a. FISCAL YEAR 2011112 THIRD QUARTER FINANCIAL REPORT, RECEIVED
AND FILED; AND PROPOSED ADJUSTMENTS TO THE CITY'S OPERATING
AND CAPITAL PROJECT FUNDS APPROVED AS PRESENTED
(CITY COUNCIL URGENT STRATEGIC PRIORITY NO. 6) (330.20)
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Cindy Russell, Chief Financial Officer/Treasurer, provided a PowerPoint
presentation and responded to questions. Lt. John Meyer, Chief of Police
Services, and Keith Van Der Maaten, Utilities Director, responded to questions.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro
tem Taylor, and carried unanimously to receive and file the Fiscal Year 2011/12
Third Quarter Financial Report; and approve the proposed adjustments to the
City's operating and capital project funds as presented.
SUCCESSOR AGENCY OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY BUSINESS:
1. CHECK REGISTER DATED APRIL 20, 2012, THROUGH MAY 3, 2012, IN
THE TOTAL AMOUNT OF $34,765.14, 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 April 20, 2012, through May 3, 2012, in the total amount of
$34,765.14.
2. SACRA RESOLUTION NO. 12-05-15-01 APPROVED ADOPTING THE
SUCCESSOR AGENCY INVENTORY OF PROPERTY, INCLUDING THE
DESIGNATIONS OF PROPERTY AS GOVERNMENTAL PURPOSE, PRIVATE
REUSE, AND HOUSING PURPOSES; AND AUTHORIZING THE CITY
MANAGER TO PREPARE A REQUEST FOR PROPOSALS (RFP) FOR
BROKER SERVICES, RECEIVE PROPOSALS AND NEGOTIATE A BROKER
CONTRACT IN ORDER TO LIST THE PROPERTY FOR SALE AND HELP THE
SUCCESSOR AGENCY DISPOSE OF THE LOWER ROSAN RANCH
PROPERTY; AND DIRECTING THE TRANSFER OF TITLE TO PROPERTY IN
CITY SERVICE (GOVERNMENTAL PURPOSE) TO THE CITY, AND
AUTHORIZE SUCCESSOR AGENCY STAFF TO TAKE ANY ACTIONS
NECESSARY TO CORRECTLY VEST TITLE IN SUCH GOVERNMENTAL
PURPOSE PROPERTIES WITH THE CITY; AND DIRECTING THE TRANSFER
OF TITLE TO PROPERTY DESIGNATED AS HOUSING PROPERTY TO THE
SAN JUAN CAPISTRANO HOUSING AUTHORITY AND AUTHORIZE
SUCCESSOR AGENCY STAFF TO TAKE ANY ACTIONS NECESSARY TO
CORRECTLY VEST TITLE IN SUCH HOUSING PROPERTIES WITH THE
HOUSING AUTHORITY (670.70)
Mayor pro tem Taylor recused himself due to proximity to his residence and left
the Council Chamber.
Cindy Russell, Chief Financial Officer/Treasurer, provided a PowerPoint
presentation and responded to questions. Vanessa Locklin, Stradling, Yocca,
Carlson and Rauth, responded to questions.
5 5/15/2012
Council Action: Moved by Council Member Freese, seconded by Council
Member Allevato, and carried 4-0 with Mayor pro tem Taylor recused to adopt
SACRA Resolution No. 12-06-15-01 entitled uA RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, ACTING SOLELY IN
ITS CAPACITY AS SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO
REDEVELOPMENT AGENCY, RECOMMENDING APPROVAL OF THE
TRANSFER OF HOUSING PROPERTIES AND ASSETS TO THE HOUSING
AUTHORITY; AND THE DESIGNATION OF CERTAIN PROPERTIES AS
GOVERNMENTAL USE PROPERTIES BY THE OVERSIGHT BOARD".
ROLL CALL:
AYES:
COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor Kramer
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Mayor pro tem Taylor
ORDINANCES: None
COUNCILMANIC ITEMS:
EDEN O'CONNELL, GEORGE O'CONNELL AND TOM HRIBAR, SELECTED
AS THE 2012 HONOREES FOR THE WALL OF RECOGNITION (210.10)
Mayor pro tem Taylor recused himself due to his spouse's nomination and left
the Council Chamber.
Council Action: Moved by Council Member Allevato, seconded by
Mayor Kramer, and carried 4-0 with Mayor pro tem Taylor recused to select
Eden O'Connell, George O'Connell and Tom Hribar as the 2012 Honorees for
the Wall of Recognition.
ROLL CALL:
AYES:
COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor Kramer
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Mayor pro tem Taylor
2. VACANCY DECLARED IN THE CITIZENS' BOND OVERSIGHT AD-HOC
COMMITTEE (340.20)
Council Action: Moved by Council Member Freese
Council Member Allevato, and carried unanimously to declare
Citizens' Bond Oversight Ad -Hoc Committee; and City Clerk
applications to fill the vacancy.
seconded by
a vacancy in the
directed to solicit
6 5/15/2012
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ADJOURNMENT:
There being no further business Mayor Kramer adjourned the meeting
at 8:22 p.m. to Tuesday, May 29, 2012, at 10:00 a.m. for an Adjourned Regular
Meeting; and then to Wednesday, May 30, 2012, at 4:00 p.m. for an Adjourned Regular
Meeting; and then to Tuesday June 5, 2012, at 5:00 p.m. for Closed Session, and
6:00 p.m. for a public Business Session, in the City Council Chamber.
Respectfully submitted,
ARIA MORJS CI CLERK
Approved: June 5, 2012
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