10-1207_CC_Minutes_Regular MeetingMINUTES
December 7, 2010
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: Please refer to page 13.
BUSINESS SESSION:
Mayor Uso called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:30 p.m. in the City Council Chamber.
Council Member Hribar led the Pledge of Allegiance and Council Member Nielsen gave
the invocation.
1, #1111WAR-1
COUNCIL MEMBERS PRESENT: Sam Allevato, Tom Hribar, Mark Nielsen,
Mayor pro tem Freese, and Mayor Dr. Londres Uso
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 COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Reception attendance for former President George W. Bush, at Saddleback Church
in Lake Forest.
■ Toll Read Agency meeting.
■ "Christmas Tree Lighting Ceremony"
■ Orange County Fire Authority (OCFA), presented a PowerPoint presentation of
pro�ected expenses from the attended meeting.
• 50 Year Anniversary Committee meeting.
■ Southern California Association of Governments (SCAG) meeting.
OPEN SPACE COMMITTEE REPORT:
Council Member Nielsen reported that the last meeting was held on December 6, 2010,
and spoke regarding accomplishments made by the Open Space Committee.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Cynthia Alexander, Community Services Manager, announced the following upcoming
communitywide events:
• Farmer's Market.
• "Greetings", a play at The Camino Real Playhouse.
INTRODUCTIONS AND PRESENTATIONS
MAYOR PRO TEM FREESE INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE: Alberto Barrera, Tara Lanigan, Cindy Harcia, Erica Delamare,
Kimberly Rodriguez, and Gerald Muir, Youth Advisory Board;
Jim Mocalis, Bruce Tatarian, Gene Ratcliffe, and Robert Williams, Planning
Commission; Matt Gaffney, Transportation Commission; Jan Siegel and Don
Tryon, Cultural & Heritage Commission; Jill Hanna, Parks, Recreation and
Equestrian Commission; Dave Solt and William Bonney, Housing Advisory
Committee; and Mary Ellen West, San Juan Seniors.
JOINT MEETING: CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
REGORANIZATION:
PUBLIC COMMENTS:
■ Lilly Reyes, City resident, congratulated the new City Council members, and
spoke about services provided by CREEK and offered to meet in order to
assist in any possible way.
■ Bradley Reyes, City resident, congratulated the new City Council members,
and hoped to work together with CREER's youth.
■ Jennifer Rodriguez, City resident, congratulated the new City Council
members and offered support and hoped to work together
with CREER's youth.
■ Larry Thomas, Chamber of Commerce, expressed appreciation for the
City Council's hard work, and wishes to continue working together with the
new City Council
■ Jose Monroy, City resident, congratulated the new City Council members.
■ Patrick Crowley, City resident, thanked the outgoing City Council members for
services provided, and felt that the Mayor pro tem should be selected
as the new Mayor.
■ James Behmerwohld, City resident, congratulated the new City Council, and
felt that this year's Tree Lighting Ceremony was a success.
■ Gene Ratcliffe, Planning Commissioner, expressed appreciation for all the
City Council's hard work, and felt that the City is moving in the right direction
with up -coming projects.
■ Adela Coronado -Greeley, City resident, thanked the outgoing City Council
Members for their service and welcomed the new City Council Members on
behalf of CREER.
2. RESOLUTION NO. 12-17-07-01: NOVEMBER 2, 2010 ELECTION RESULTS:
LARRY KRAMER, JOHN TAYLOR, AND DEREK REEVE ELECTED AS
CITY COUNCIL MEMBERS (630.20)
Maria Morris, City Clerk, summarized the results of the November 2, 2010,
election.
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Council Action: Moved by Council Member Hribar, seconded by Council Member
Nielsen and carried unanimously, 5-0, to adopt Resolution No.
10-12-07-01, 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 2, 2010,
DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY
LAW.,,
The Certified Election Results are as follows:
MEMBER OF THE CITY COUNCIL:
Larry Kramer
5,004
John Taylor
4,452
Derek Reeve
4,301
Jim Reardon
3,789
Mark Nielsen
3,639
Clint Worthington
2,863
Dr. Londres Uso
2,341
Jess Lopez
1,750
Victor J. Schneider
1,143
PRECINCT BALLOTS CAST: 5,918
VOTE -BY -MAIL CAST 6,525
TOTAL BALLOTS CAST: 12,443
Mayor pro tem Freese recognized Cheryl Uso and outgoing Mayor/Council
Member Uso for his tenure On the Council. Cheryl Uso was presented with a
bouquet of flowers. Mayor Uso was presented with a ceremonial gavel
recognizing his term as Mayor. Mayor Uso commented on this term; thanked his
family, the community, and staff; and stepped down from the dais.
Mayor pro tem Freese recognized Stephanie Nielsen and outgoing Council
Member Nielsen for his tenure on the Council. Stephanie Nielsen was presented
with a bouquet of flowers. Council member Nielsen was presented with a plaque
recognizing his term as a Council Member. Council Member Nielsen commented
on this term; thanked his family, the community, and staff; and stepped down
from the dais.
Mayor pro tem Freese recognized Rosa Hribar and outgoing Council Member
Hribar for his tenure on the Council. Rosa Hribar was presented with a bouquet
of flowers. Council Member Hribar was presented with a plaque recognizing his
term as Council Member. Council Member Hribar commented on this term;
thanked his family, the community, and staff; and stepped down from the dais.
Mayor pro tem Freese turned the meeting over to the City Clerk.
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Oath of Office and New Council Member Comments
Maria Morris, City Clerk, administered the Oath of Office to newly elected
Council Members Larry Kramer, John Taylor, and Derek Reeve and presented
them with Certificates of Election. The newly elected Council Members took their
seats on the dais.
Council Members Kramer, Taylor and Reeve addressed the community offering
thanks and commenting on their goals.
3. SAM ALLEVATO SELECTED TO SERVE AS MAYOR AND LARRY KRAMER
SELECTED TO SERVE AS MAYOR PRO TEMPORE OF THE CITY OF SAN
JUAN CAPISTRANO CITY COUNCIL, TERMS ENDING DECEMBER 2011.
(630.20)
Maria Morris, City Clerk, called for nominations for the office of Mayor.
Council Action: Moved by Council Member Kramer, seconded by
Council Member Taylor, and carried unanimously, 6-0, to select Sam Allevato as
Mayor, term ending December 2011,
Maria Morris, City Clerk, called for nominations for the office of Mayor pro tem.
Council Action: Moved by Council Member Taylor, seconded by Mayor
Allevato, and carried unanimously to select Larry Kramer as Mayor pro tem, term
ending December 2011.
Mayor Allevato and Mayor pro tem Kramer commented on their upcoming terms.
4. RESOLUTION NO. 10-12-07-02 ADOPTED AUTHORIZING THE CURRENT
OFFICERS OF THE CITY TO INVEST FUNDS AND DRAW CHECKS ON CITY
BANK ACCOUNTS. (320.10)
Maria Morris, City Clerk summarized the agenda report.
Council Action: Moved by Council Member Freese, seconded by
Mayor Allevato, and carried unanimously, to adopt Resolution No. 1012-0702
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.
09-12-01-01"
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5. LAURA FREESE SELECTED AS CHAIRMAN AND JOHN TAYLOR SELECTED
AS VICE CHAIRMAN OF THE COMMUNITY REDEVELOPMENT AGENCY
BOARD OF DIRECTORS, TERMS ENDING DECEMBER 2011. (400. 10)
Maria Morris, Agency Secretary, called for nominations for Chair.
Board Action: Moved by Director Allevato, seconded by Chair Freese, and
carried unanimously, to select Laura Freese to serve as Chairman, term ending
December 2011.
Maria Morris, Agency Secretary, called for nominations for Vice Chair.
Board Action: Moved by Director Kramer, seconded by Director Allevato, and
carried 4-1 with Director Reeve opposed to select John Taylor to serve as
Vice Chair, term ending December 2011.
ROLL CALL:
AYES: DIRECTORS: Allevato, Kramer, Taylor and Chair Freese
NOES: DIRECTORS: Reeve
ABSENT: DIRECTORS: None
0. CRA RESOLUTION NO. 10-12-07-01 ADOPTED AUTHORIZING THE
DEPOSIT AND INVESTMENT OF FUNDS AND SIGNATURES ON THE
COMMUNITY REDEVELOPMENT AGENCY ACCOUNTS. (320.10)
Maria Morris, Agency Secretary, summarized the agenda report.
Board Action: Moved by Director Kramer, seconded by Vice Chair Taylor
and carried unanimously, to adopt Resolution No. CRA
10-12-07-01, entitled "A RESOLUTION OF THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY DELEGATING TO THE AGENCY
FINANCE OFFICER AUTHORITY TO DEPOSIT AGENCY FUNDS AND TO
INVEST AND REINVEST AGENCY FUNDS, AUTHORIZING SIGNATURES,
AND REPEALING RESOLUTION NO. 10-05-04-01"
Maria Morris, City Clerk/Agency Secretary, recessed the meeting of the
Community Redevelopment Agency Board of Directors and turned the meeting
over to Mayor Allevato.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
■ Joan Irvine Smith, City resident, submitted a letter and spoke regarding the Ortega
Highway Widening project; and invited the City Council to the "Ail Things Bright and
Beautiful" exhibition at the Irvine Museum.
Brenda Lepper, City resident, spoke regarding high water bills due to a slab leak,
and lack of response from the water department.
■ Art Guevara, City resident, congratulated the new City Council, and spoke regarding
art in San Juan Capistrano.
5 1217/2010
■ Ian Smith, City resident, congratulated the new City Council; spoke regarding lack of
transparency and public information regarding the MtBE negotiations with Chevron.
■ Tony Brown, City resident, wished the new City Council luck; spoke regarding
business license citation received, and asked the City Council to address the issue
at a future City Council meeting. Mayor Allevato, asked staff to agedize the matter
at a future meeting.
■ Orrie Brown, City resident, congratulated the new City Council; asked to stop a new
City Hall, stop lobbying for grants, removal of red light cameras, cut down staff and
benefits; establish a Rule of Law City, all businesses in town to use E -Verify,
sheriff's department to apply law equally and to televise City Council meeting.
■ Patrick Crowley, City resident, asked the Council to budget for a Downtown
Red Geranium project.
■ Kim McCarthy, City resident, asked the City Council not to approve the CaIGRIP
agreement, felt that public safety is most important and funds should be better used
for surveillance cameras around town.
■ Alberto Barrera, City resident,
■ Alberto Barrera, Youth Advisory Board, congratulated the new City. Council
Members, and invited the City Council to attend Youth Advisory Board meetings.
■ Steve Behmerwohld, City resident, congratulated the new City Council members,
expressed dislike for the new Toyota inflatable baby used for advertisement.
■ Clint Worthington, City resident, congratulated the new City Council members, and
spoke regarding lack of remedy to the MtBE contamination by Chevron.
CONSENT CALENDAR:
Council Action: Moved by Council Member Freese, seconded by [Mayor pro tem
Kramer, and carried unanimously to approve consent calendar items 1, 4 through 7, 10
and 11 as recommended by staff.
1. Motion to Read Ordinance by Title Only
2, CITY COUNCIL MINUTES — REGULAR MEETING OF
NOVEMBER 16, 2010, RECEIVED AND FILED AS SUBMITTED
(COUNCIL MEMBERS KRAMER, TAYLOR AND REEVE, ABSTAINED).
3. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
NOVEMBER 2, 2010 (HISTORIC TOWN CENTER MASTER PLAN
WORKSHOP), RECEIVED AND FILED AS SUBMITTED
(COUNCIL MEMBERS KRAMER, TAYLOR AND REEVE, ABSTAINED)
4. ACCOUNTS PAYABLE WARRANTS DATED NOVEMBER 4, 2010, IN THE
AMOUNT OF $1,489,670.64, AND PAYROLL WARRANTS DATED OCTOBER
29, 2010, IN THE TOTAL AMOUNT OF $201,931.59, RECEIVE AND FILED
(300.30)
5. REPORT OF INVESTMENTS DATED OCTOBER 2010, RECEIVED AND FILED
(350.30)
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6. AGREEMENT WITH STRADLING, YOCCA, CARLSON AND RAUTH FOR
BOND COUNSEL SERVICES FOR THE PROPOSED WATER FACILITY DEBT
FINANCING — SERIES 2011; APPROVED; AGREEMENT WITH FIELDMAN,
ROLAPP AND ASSOCIATES FOR FINANCIAL ADVISOR SERVICES FOR THE
PROPOSED WATER FACILITY DEBT FINANCING — SERIES 2011,
APPROVED; CITY MANAGER AUTHORIZED TO EXECUTE THE
AGREEMENTS AND ANY SUBSEQUENT AUTHORIZATION RELATED TO
THE REFUNDING OF THE CERTIFICATES OF PARTICIPATION, SERIES
2002 AS NEEDED; AND RESOLUTION 10-12-07-03 ADOPTED ENTITLED " A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REGARDING ITS INTENTION TO ISSUE TAX-
EXEMPT OBLIGATIONS AND TO REIMBURSE TH ECITY FROM PROCEEDS
OF SUCH OBLIGATIONS FOR COSTS INCURRED PRIOR TO ISSUANCE
(WATER SYSTEM IMPROVEMENTS) (600.30)
7. OPEN SPACE AD-HOC COMMITTEE DISSOLVED (530.40)
8. 2011 CALENDAR YEAR SCHEDULE FOR STREET BANNER AT DEL OBISPO
STREET AND CAMINO CAPISTRANO, APPROVED (410.40)
Jill Thomas, Senior Management Analyst, responded to questions.
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried unanimously to approve the 2011 calendar
year schedule for street banner at Del Obispo Street and Camino Capistrano.
9. AGENCY -FEDERAL MASTER AGREEMENT NO, 12-5372R, PROGRAM
SUPPLEMENT AGREEMENT NUMBER 012-N, FOR DEL OBISPO STREET
OVER TRABUCO CREEK FROM ALIPAZ TO CAMINO CAPISTRANO,
APPROVED; RESOLUTION NO.10-12-07-04 ADOPTED AUTHORIZING CITY
MANAGER TO EXECUTE ALL MASTER AGREEMENTS, PROGRAM
SUPPLEMENTAL AGREEMENTS, FUND EXCHANGE AGREEMENTS, FUND
TRANSFER AGREEMENTS AND/OR ANY AMENDMENTS THERETO WITH
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (600.50)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tern Kramer, and carried unanimously to approve Agency -Federal
Master Agreement No. 12-5372R, Program Supplement Agreement No. 012-N,
for Del Obispo Street over Trabuco Creek from Alipaz to Camino Capistrano;
Resolution No. 10-12-07-04 adopted entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
AUTHORIZING CITY MANAGER TO EXECUTE ALL MASTER AGREEMENTS,
PROGRAM SUPPLEMENTAL AGREEMENTS, FUND EXCHANGE
AGREEMENTS, FUND TRANSFER AGREEMENTS AND/OR ANY
AMENDMENTS THERETO WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION"
7 12/7/2010
10. RESOLUTION NO. 10-12-07-05 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA APPROVING THE ADOPTION OF A LOCAL SIGNAL
SYNCHRONIZATION PLAN FOR THE CITY OF SAN JUAN CAPISTRANO"
(590.50)
11. NEW DEVELOPMENT APPLICATIONS STATUS REPORT, MONTH ENDING
NOVEMBER 15, 2010, RECEIVED AND FILED (440.10)
12. CALGRIP AGREEMENTS WITH THE ORANGE COUNTY SHERIFF'S
DEPARTMENT AND THE ORANGE COUNTY DISTRICT ATTORNEY'S
OFFICE, APPROVED (600.50160030)
Lt. Dwyer, Chief of Police Services, provided a staff report and responded to
questions. Cynthia Alexander, Community Services Manager, responded to
questions.
Council Comments:
• Support expressed for the gang prevention program (GRIP).
• Important to be proactive in keeping kids from committing crimes.
Council Action: Moved by Council Member Taylor, seconded by
Council Member Freese, and carried 4-1 with Council Member Reeve opposed to
approve CaIGRIP Agreements with the Orange County Sheriff's Department and
the Orange County District Attorney's office.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
13. AGREEMENT WITH MUNICIPAL MANAGEMENT . GROUP FOR CITY
MANAGER SERVICES EXTENDED FOR THREE MONTHS AND STAFF
DIRECTED TO START RECRUITMENT FOR NEW CITY MANAGER (600.30)
Omar Sandoval, City Attorney, provided a staff report and responded to
questions. Kathleen Springer, Human Resources Manager, responded to
questions.
Public Comments:
• Matt Gaffney, City resident, felt that the Council should continue the item
until the new City Council has the opportunity to properly study; and
expressed preference in a City Manager who lives in the City.
• Clint Worthington, City resident, asked that the City Council extend the
agreement for a maximum of 30-45 days in order to find a new
City Manager.
• Richard Gardner, Capistrano Beach resident, felt that the City Council needs
to find a new City Manager before recruiting for a Utilities Director.
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Council Comments:
• Preference in having two separate positions for City Manager and
Utilities Director; and would like to start the recruitment process.
• Felt that the agreement should be extended for three months in order to
provide sufficient time for the recruitment.
• Preference in waiting to hire a Utility Director until a new City Manager is
appointed.
• Suggested that Mr. Tait be involved in the application review process for the
Utilities Director position due to his expertise on water issues.
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Kramer, and carried unanimously to continue the existing
agreement for three (3) months, start recruitment of a new City Manager and
Utilities Director; and recruitment process to be done by City staff rattler than by
an outside firm at this time.
PUBLIC HEARINGS:
1. RESOLUTION NO. 10-12-07-06 ADOPTED APPROVING THE OPEN SPACE
MASTER PLAN (530.40)
Bill Ramsey, Principal Planner, provided a staff report and responded to
questions.
Mayor Allevato opened the public hearing and invited testimony. No public
testimony was provided. Mayor Allevato closed the public hearing.
Council Comments:
• Felt that the Open Space Master Plan is a great pian that shows history, and
seriousness about open space, and will be a great tool to have when seeking
grants.
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried unanimously to adopt Resolution No.
10-12-07-06 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING THE OPEN SPACE.
MASTER PLAN"
2. RESOLUTION NO. 10-12-07-07 ADOPTED APPROVING GENERAL PLAN
AMENDMENT (GPA) 10-05 AMENDING THE GENERAL PLAN
CONSERVATION & OPEN SPACE ELEMENT TO INCLUDE ADDITIONAL
POLICIES AND MEASURES TO COMPLY WITH THE REGIONAL PERMIT
ISSUED BY THE SAN DIEGO REGIONAL WATER QUALITY CONTROL
BOARD (440.25)
Bill Ramsey, Principal Planner, provided a staff report and responded to
questions. Ziad Mazboudi, Senior Civil Engineer, responded to questions.
Mayor Allevato opened the public hearing and invited testimony.
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Public Comments:
• Jim Reardon, City resident, expressed concern in the City's liability by
restricting property owners from developing their properties.
• Richard Gardner, Capistrano Beach resident, supported the General Plan
Amendment, and spoke about the importance of water quality.
Mayor Allevato closed the public hearing.
Council Action: Moved by Council Mayor pro tem Kramer, seconded by
Council Member Freese, and carried unanimously to adopt Resolution No.
10-12-07-076 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING GENERAL PLAN
AMENDMENT (GPA 10-05) CONSERVATION & OPEN SPACE ELEMENT TO
INCLUDE ADDITIONAL POLICIES AND MEASURES TO COMPLY WITH THE
REGIONAL PERMIT ISSUED BY THE SAN DIEGO REGIONAL WATER
QUALITY CONTROL BOARD THE OPEN SPACE MASTER PLAN"
MOTION TO ADJOURN THE MEETING.
Council Member Reeve made a motion to adjourn the meeting due to the late hour, the
motion failed for lack of a second.
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. CITY MANAGER
a. CONSIDERATION ON PROPOSED PERSONAL SERVICES SELECTION AND
PURCHASING GUIDELINES — ITEM REMOVED FROM THE AGENDA BY
STAFF (370.50)
b. CONSIDERATION OF RESOLUTION APPROVING THE EXECUTION OF
PROMISSORY NOTES BY THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY TO REFINANCE EXISTING PROMISSORY
NOTES (KINOSHITA ENTERPRISE, L.P. AND- BOBBY KINOSHITA
INVESTMENT ENTERPRISES, L.P.) — ITEM CONTINUED FOR 30 DAYS
(670.20)
Council Motion: Moved by Council Member Freese, seconded by
Mayor pro tem Kramer, and carried unanimously to continue the item for 30 days.
10 12/7/2010
c. AGREEMENT WITH SANTA MARGARITA WATER DISTRICT AND RANCHO
MISSION VIEJO, LLC, APPROVED TO PROVIDE CREDITS TO RANCHO
MISSION VIEJO AGAINST SEWER CONNECTIONS FEES REQUIRED TO BE
PAID PURSUANT TO THE FINAL JOINT FACILITIES AGREEMENT BETWEEN
THE CITY AND SANTA MARGARITA WATER DISTRICT FOR THE
WASTEWATER INTERCONNECTIONS (600.50/600.30)
Cindy Russell, Chief Financial Officer/City Treasurer, provided a staff report and
responded to questions.
Public Comments:
• Richard Gardner, Capistrano Beach resident, supported the agreement; and
felt that further regional works needs to be done for recycled water.
Council Motion: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried unanimously to approve an agreement with
Santa Margarita Water District and Rancho Mission Viejo, LLC, to provide credits
to Rancho Mission Viejo against sewer connections fees required to be paid
pursuant to the final Joint Facilities Agreement between the City and Santa
Margarita Water District for the wastewater interconnections; and City Manager
authorized to execute the agreement.
G2. UTILITIES DEPARTMENT
a. RESOLUTION NO 10-12-07-09 ADOPTED APPROVING THE AMENDED
LOCAL IMPLEMENTATION PLAN FOR JURISDICTIONAL RUNOFF
MANAGEMENT PROGRAM (530.20)
Ziad Mazboudi, Senior Civil Engineer, provided a staff report and responded to
questions.
Council Motion: Moved by Council Member Freese, seconded by
Mayor pro tem Kramer, and carried unanimously to adopt Resolution No.
10-12-07-09 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING THE LOCAL
IMPLEMENTATION PLAN FOR THE JURISDICTIONAL RUNOFF WATER
QUALITY MANAGEMENT PROGRAM"; City Manager, or his designee
authorized to make minor annual corrections and updates; and staff authorized to
submit the Local Implementation Plan to the Regional Water Quality Control
Board by December 16, 2010.
11 12/7/2010
b. INTRODUCTION AND FIRST. READING OF AN ORDINANCE AMENDING
CHAPTER 14 OF TITLE 8 OF THE MUNICIPAL CODE REGARDING WATER
QUALITY REGULATIONS (450.30)
Ziad Mazboudi, Senior Civil Engineer, provided a staff report and responded to
questions.
Maria Morris, City Clerk, read the title of the ordinance.
Council Motion: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried unanimously to approve the introduction and
first reading of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING
CHAPTER 14 OF TITLE 8 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE REGARDING WATER QUALITY REGULATIONS"
ORDINANCES:
1. ORDINANCE NO. 977: ADOPTED AMENDING THE MUNICIPAL CODE
ORGANIZING THE OPEN SPACE, TRAILS AND EQUESTRIAN COMMISSION,
AND ORGANIZING THE PARKS, RECREATION AND SENIOR SERVICES
COMMISSION (110.20)
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance. ,
Council Action: Moved by Mayor pro tem Kramer; seconded by Council Member
Taylor, and carried unanimously to adopt Ordinance No. 977, entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING ARTICLE 5 AND ADDING ARTICLE
6 OF CHAPTER 2 OF TITLE 2 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE ORGANIZING THE OPEN SPACE, TRAILS AND EQUESTRIAN
COMMISSION AND ORGANIZING THE PARKS; RECREATION AND SENIOR
SERVICES COMMISSION".
2. ORDINANCE NO. 978: ADOPTED AMENDING BY REFERENCE VARIOUS
BUILDING INDUSTRY CONSTRUCTION CODES WITH AMENDMENTS AND
APPENDICES (450.30)
Maria Morris, City Clerk, provided an agenda report and read the title of the
ordinance.
Public Comments:
• Dennis Grubbs, Orange County Fire Authority, asked the City Council to
reconsider changes made to the ordinance on November 16, 2010, and
responded to questions.
12 12!712010
Council Comments:
• Preference in following the Orange County Fire Authority's
recommendations, and expressed concern with liability.
Council Action: Moved by Mayor pro tem Kramer, seconded by Council Member
Freese, and carried unanimously to adopt Ordinance No. 978, entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SPECIFIC SECTIONS OF TITLE 8 OF
THE SAN JUAN CAPISTRANO MUNICIPAL CODE BY ADOPTING THE 2010
EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODES AND
RELATED MODEL CODES WITH APPENDICES AND AMENDMENTS"; and staff
directed to bring back local amendments for reconsideration.
COUNCILMANIC ITEMS:
APPOINTMENTS OF CITY COUNCIL REPRESENTATIVE TO OUTSIDE
AGENCIES AND SUBCOMMITTEES — CONTINUED TO DECEMBER 10, 2010
(610.60)
Council Action: Moved by Mayor Allevato, seconded by Council Member Freese,
and carried unanimously to continue the Appointments of City Council to Outside
Agencies and all Closed Session items to December 10, 2010, at 9:00 a.m.
CLOSED SESSION — Closed Session items continued to December 10, 2010.
a. Pursuant to Government Code Section 54956.9(c), the City Council did not confer
with legal counsel pertaining to one potential item for initiation of litigation.
b. Pursuant to Government Code Section 54956.9(b), the City Council did not confer
with legal counsel pertaining to an item of significant exposure to litigation
pertaining to facts or circumstances not yet known to a potential plaintiff.
c. Pursuant to Government Code Section 54956.8, the City Council did not meet with
its Real Property Negotiator (City Manager) concerning the price and terms of
payment for the purchase, sale, exchange or lease of certain real property known
as 31910 and 31920 Del Obispo (Serra Plaza), in the City of San Juan Capistrano,
California. The property owner's negotiating party is Bill Griffith of Rivendell Land
Company, Inc.
d. Pursuant to Government Code Section 54956.9(a), the City Council did not confer
with legal counsel pertaining to existing litigation in the writ of mandate matter of
Scalzo vs. City of San Juan Capistrano.
e. Pursuant to Government Code Section 54956.9(x), the City Council did not confer
with legal counsel pertaining to existing litigation in the complaint for damages
matter of Scalzo vs. City of San Juan Capistrano.
13 12/7/2010
f. Pursuant to Government Code Section 54956.9(b), the City Council did not confer
with legal counsel pertaining to one potential item of significant exposure to
litigation regarding the claim for damages brought by Dr. and Mrs. Victor Cachia
and Los Cerritos, LLC pertaining to proposed development of an office building at
31551 Avenida Los Cerritos.
g. Pursuant to Government Code Section 54956.9(x), the City Council did not confer
with legal counsel pertaining to existing litigation in the matter of City of San Juan
Capistrano v. State of California Dept. of Transportation (Caltrans).
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: No reportable actions took
place in Closed Session.
ADJOURNMENT:
There being no further business, Mayor Allevato adjourned the meeting at
11:46 p.m. to Friday, December 10, 2016, at 9:06 a.m. for a public Business Session,
following Closed Session; and then to Tuesday, January 4, 2011, at 5:30 p.m.
for Closed Session and 6:30 p.m. for a public Business Session, in the
City Cc until Chamber.
Respgct�ulily s bmitted,
( P
MARIA MiORRIS, CIT! CL RK
Approved: January 4, 2011
ATTEST:
SAM ALLEVATO, MAYOR
14 12/7!2010