11-0301_CC_Minutes_Regular MeetingMINUTES
March 1, 2011
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Allevato called the Regular Meeting of the City Council to order at
5:00 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT. Laura Freese, Derek Reeve, John Taylor,
Mayor pro tem Larry Kramer, and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: None
PUBLIC COMMENT: None
CLOSED SESSION (61 0.85)
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 conferred with
legal counsel pertaining to one potential item for initiation of litigation.
b_ Pursuant to Government Code Section 54956.9(b), the City Council conferred 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 Conde Section 54956.8, the City Council 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 Rivendeli Land
Company, Inc.
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 the claim for money brought by Elite Bobcat Service, Inc. pertaining to
contract payments and liquidated damages assessed by the City in connection with
the Camino Capistrano/Del Obispo Street Improvement Project (CIP 111).
e. 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 the
potential claim for money by Scrimsher Construction/ Development Inc. pertaining to the
Del Obispo St. Bridge Widening Project.
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:19 p.m, in the City Council Chamber.
Mayor pro tem Kramer led the Pledge of Allegiance and gave the invocation.
Mercie Brower and Sydney Webb, Capistrano Valley Christian High School, performed
"God Bless America".
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor,
Mayor pro tem Larry Kramer, and Mayor Sam Allevato
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.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
■ Pensions Benefits and Employee Relations Boot Camp, hosted by California
Foundation for Fiscal Responsibility.
• Metropolitan Water District of Orange County Water Policy Forum.
■ Association of California Cities Navigating Public Policy meeting.
■ Desalt Plant Tour.
■ Rotary Community Health & Dental Clinic at San Juan Elementary School.
■ Kinoshita Elementary School Parent Center Dedication.
• Fiesta Association Kids Pet Parade.
■ Bus Shelter Dedication.
• Reported the commemoration of the closure of the I -b freeway due to a unexpended
grenade, and the negative impacts of the freeway closure.
INTRODUCTIONS AND PRESENTATIONS
FEBRUARY 1, 2011, THROUGH APRIL 30, 2011, PROCLAIMED AS
FIESTA DE LAS GOLONDRINAS (610.40)
Mayor Allevato proclaimed February 1, 2011, through April 30, 2011, as
Fiesta de Las Golondrinas and presented the proclamation to the
Fiesta Association President, Steve Weekes. The Fiesta Association Hanging
Judge proceeded with the annual "Hanging of the Mayor."
2. MOTHERS AGAINST DRUNK DRIVING (MADD) RECOGNIZED DEPUTIES
KASEY MARSHALL AND MICHAEL RUPLEY (610.40)
April Brown, representing Mothers Against Drunk Driving (MADD), recognized
and presented Awards to Deputies Kasey Marshall and Michael Rupley for
excelling in the apprehension of drunk drivers. Mayor Allevato presented them
with a Certificate of Recognition.
3. MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Alberto Barrera, Youth Advisory Board; Kathy Hooper and
Steve Behmerwohld, Parks, Recreation and Senior Services Commission,
Gerald Muir, Parks, Recreation & Senior Services Commission and Youth
Advisory Board; Mary Allen West, Sart Juan Seniors; and Lt. John Meyer,
Chief of Police Services.
2 3/1/2011
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
■ Joan Irvine Smith, City resident, submitted a letter and spoke regarding law
enforcement, traffic management, and the Ortega Highway Widening project.
■ Bob Dolley, Tustin Resident, expressed concern with proposed parking requirement
amendments for the Furnishing Center.
■ Tony Brown, City resident, requested transparency with any issues related to the
current City Hall facilities.
■ Kim McCarthy, City resident, spoke regarding mandatory use of E -Verify for all
City businesses; and look into revising building codes that would prevent
overcrowding. Mayor Allevato clarified that Congressman Calvert is seeking
legislation for immigration reform which will include mandatory E -Verify at the federal
level. Council Member Reeve expressed interest in agendizing E -Verify at a future
meeting. Council Member Freese stated that the City uses E -Verify for all their
employees, contractors and consultants.
■ Ian Smith, City resident, spoke regarding fiscal responsibility; and expressed
concern with the City Council discussing outsourcing with the Human Resources
Manager, as this is the responsibility of the City Manager.
• Lisa Ball, South Coast Air Quality Management District, presented to the
City Council a copy of the 2011 State of the Air video.
■ Steve Behmerwohld, City resident, felt that speakers addressing the City Council
have the right to speak their mind, but it should be done in a respectful manner.
■ Mamie Maywhort, City resident, spoke regarding a response received for a
public records request submitted regarding increases in staff earnings from 2009 to
2010. Cindy Russell, Chief Financial Officer/Treasurer and Kathleen Springer,
Human Resources Manager, clarified that the increases are due to step increases,
changes in withholdings; employees moved to a different job classification,
separation of employment dues, and decrease in furlough days from 2009 to 2010.
CONSENT CALENDAR:
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried unanimously to approve consent calendar items 1,
2, 3, 5, 6, 8, and 11 through 16 as recommended by staff, with Council Member Reeve
opposed to approve consent calendar 4.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — REGULAR MEETING OF
FEBRUARY 15, 2011, APPROVED.
3. REPORT OF INVESTMENTS — JANUARY 2011, RECEIVED AND FILED
(350.30)
4. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 10, 2011, IN THE
TOTAL AMOUNT OF $2,511,561.45; AND PAYROLL WARRANTS DATED
FEBRUARY 4, 2011, IN THE TOTAL AMOUNT OF $189,998.91, RECEIVED
AND FILED (300.30)
3 3/1/2011
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
5. NEW DEVELOPMENT APPLICATIONS STATUS REPORT -- DATED
JANUARY 16, 2011, THROUGH FEBRUARY 15, 2011, RECEIVED AND FILED
(440.10)
6. PROJECT UPDATE FOR THE EAST OPEN SPACE ACCESS ROAD (RANCHO
MISSION VIEJO RIDING PARK) (CIP NO. 11202), RECEIVED AND FILED
(820.20)
7. RESOLUTION NO. 11-03-01-01 ADOPTED APPROVING THE SUBMISSION
OF GRANT APPLICATIONS FOR THE 2011 PROPOSITION 84 STATEWIDE
PARK PROGRAM GRANT (STATE OF CALIFORNIA); STAFF DIRECTED TO
PREPARE PROPOSITION 84 GRANT APPLICATIONS FOR THE FOLLOWING
OPEN SPACE AND RECREATION PROJECTS A) NORTHWEST OPEN
SPACE, PHASE 1A IMPROVEMENTS INCLUDING THE PROPOSED "DOG
PARK" ON THE FORMER OPEN SPACE CARETAKER PROPERTY. B)
"SKATE PARK" IMPROVEMENTS AT THE SAN JUAN CAPISTRANO SPORTS
PARK (920.40)
Public Correspondence:
• Vickie Haring, City resident, submitted an e-mail on February 27, 2011,
urging the City Council to move forward with the submission of the grant
application in order to provide a skate park for the City's youth.
William Ramsey, Principal Planner, responded to questions.
Council Motion: Moved by Mayor pro tem Kramer, seconded by Council Member
Taylor and carried 4-1 with Council Member Reeve opposed to adopt
Resolution 11-03-01-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO APPROVING THE SUBMISSION OF
GRANT APPLICATIONS FOR THE 2011 PROPOSITION 84 STATEWIDE PARK
PROGRAM GRANT (STATE OF CALIFORNIA); STAFF DIRECTED TO
PREPARE PROPOSITION 84 GRANT APPLICATIONS FOR THE FOLLOWING
OPEN SPACE AND RECREATION PROJECTS A) NORTHWEST OPEN
SPACE, PHASE 1A IMPROVEMENTS INCLUDING THE PROPOSED "DOG
PARK" ON THE FORMER OPEN SPACE CARETAKER PROPERTY. B)
"SKATE PARK" IMPROVEMENTS AT THE SAN JUAN CAPISTRANO SPORTS
PARK"
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
4 3/11/2011
8. MEMORANDUM OF UNDERSTANDING WITH THE SAN JUAN CAPISTRANO
FIESTA ASSOCIATION FOR COORDINATING AND CONDUCTING ALL
OFFICIAL EVENTS ASSOCIATED WITH THE 2011 FIESTA DE LAS
GOLQNDRINAS CELEBRATION, AND AUTHORIZED THE CITY MANAGER
TO EXECUTE THE AGREEMENT; AND RESOLUTION 11-03-01-02 ADOPTED
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING A REQUEST FOR AN
ABSORPTION/REDUCTION OF CITY FEES TO THE SAN JUAN CAPISTRANO
FIESTA ASSOCIATION FOR THE EVENTS ASSOCIATED WITH THE 2011
FIESTA DE LAS GOLONDRINAS CELEBRATION, SWALLOWS DAY PARADE;
AND GRANTING AN EXCEPTION TO THE CITY'S FIREARM DISCHARGE
REGULATIONS FOR HOOSEGOW DAY AND SWALLOWS PARADE DAY"
(600.30)
9. CONTRACT AWARDED TO PETERSON -CHASE GENERAL ENGINEERING
CONSTRUCTION, INC. FOR THE DEL OBISPO STREET WIDENING FROM
ALIPAZ STREET TO PASEO ADELANTO STPL 5372 (011) (CIP NO. 07107) IN
THE AMOUNT OF $3,453,$42.46; AND ALL OTHER BIDS REJECTED (660.30)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Motion: Moved by Council Member Freese, seconded by Mayor pro tem
Kramer and carried unanimously to award contract to Peterson -Chase General
Engineering Construction, Inc. for the Del Obispo Street Widening from Alipaz
Street to Paseo Adelanto STPL 5372 (011) (CIP No. 07107) in the amount of
$3,453,842.46; and all other bids rejected.
10. PLANS AND SPECIFICATIONS FOR THE SAN JUAN CREEK ROAD UTILITY
EXTENSION (CIP 11202) (J.C. HEDEN & ASSOCIATES, INC.); AND CITY
CLERK DIRECTED TO ADVERTISE THE PROJECT FOR COMPETITIVE BIDS
(600.30)
Nasser Abbaszadeh, Public Works Director, Cindy Russell, Chief Financial
Officer/Treasurer, and West Curry, Assistant Utilities Director, responded to
questions.
Council Motion: Moved by Mayor pro tem Kramer, seconded by Council Member
Taylor and carried 4-1 with Council Member Reeve opposed to approve the
plans and specifications for the San Juan Creek Road Utility Extension Project
(CIP 11202); and City Clerk directed to advertise the project for competitive bids.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
5 3/112011
11. AMENDMENT NO 2. IN THE AMOUNT OF $4,982.31 DOLLARS WITH UNIQUE
PERFORMANCE, INC. APPROVED; AND RESOLUTION NO. 11-03-01-03
ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR SAN JUAN HILLS
ESTATES CORROSION PROTECTION SYSTEM"; CITY CLERK DIRECTED
TO PROCESS THE NOTICE OF COMPLETION; AND STAFF AUTHORIZED
TO RELEASE THE RETENTION IN THE AMOUNT OF $36,458.31, THIRTY-
FIVE DAYS AFTER RECORDATION (600.30)
12. RESOLUTION NO 11-03-01-04 ADOP TED ENTITLED "A RESOLUTION OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK
TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CALLE
LORENZO AND CALLE RESPLENDOR STORM DRAIN IMPROVEMENT
PROJECT (RODRIGUEZ BROTHERS ENGINEERING, INC. CIP NO. 07501)";
CITY CLERK DIRECTED TO PROCESS THE RECORDING OF THE NOTICE
OF COMPLETION; STAFF AUTHORIZED TO RELEASE THE 10%
RETENTION, IN THE AMOUNT OF $62,304.60, 35 DAYS AFTER
RECORDATION; AND AMENDMENT NO 1. TO PERSONAL SERVICES
AGREEMENTS WITH TWNIEMANN, INC. AND LAWSON AND ASSOCIATES
GEOTECHNICAL CONSULTING, INC. IN THE AMOUNTS OF $27,538 AND
$11,027.50 RESPECTIVELY, APPROVED AND CITY MANAGER
AUTHORIZED TO EXECUTE THE AMENDMENTS (600.30)
13. RESOLUTION NO 11-03-01-05 ADOP TED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY. OF SAN JUAN CAPISTRANO,
CALIFORNIA, QUITCLAIMING A DRAINAGE EASEMENT AT
THE NORTHWESTERLY CORNER OF LOT 56 OF TRACT 103"
(ITO FAMILY TRUST (670.50)
14. CLAIM OF JAMES LITTLEJOHN DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
15. RESOLUTION NO. 11-03-01-06 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DESIGNATING THE CITY OFFICIALS AND AGENTS
AUTHORIZED TO ACT ON BEHALF OF THE CITY FOR THE PURPOSE OF
OBTAINING FINANCIAL ASSISTANCE FROM THE STATE OF CALIFORNIA
AND/OR THE FEDERAL GOVERNMENT (520.40)
16. STATUS UPDATE OF THE CITY MANAGER AND UTILITIES DIRECTOR
RECRUITMENTS, RECEIVED AND FILED (740.30)
6 3/112011
PUBLIC HEARINGS:
1. CONSIDERATION OF A DEVELOPMENT AGREEMENT FOR THE PLAZA
BANDERAS HOTEL PROJECT WITH STROSCHER G3, LLC — CONTINUED
TO APRIL 19, 2011 (600.30)
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried unanimously to continue the
public hearing to April 19, 2011.
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. CITY MANAGER
a. DISCUSSION OF PERSONAL SERVICES SELECTION AND PURCHASING
GUIDELINES (370.50)
Steve Apple, Deputy City Manager, provided a staff report and responded to
questions.
Council Comments:
• Preference in removing the authority to Department Heads up to $25,000,
due to lack of visibility with Professional and Maintenance Contracts; and
supported increasing City Manager authority to $50,000.
• Felt that a $25,000 authority limit for Department Heads was reasonable in
order to be more efficient, and it will be for items already budgeted by the
City Council.
• Need to be practical and provide Department Heads with some discretion,
and felt that the City Manager will be ultimately responsible for their actions.
G2. DEVELOPMENT SERVICES
a. STAFF DIRECTED TO PROVIDE THE CAPISTRANO INDIAN COUNCIL WITH
A 60 DAY NOTICE TO VACATE THE HARRISON HOUSE PROPERTY (600.30)
Teri Delcamp, Historic Preservation Manager, provided a staff report and
responded to questions.
Council Comments:
• Felt that the property is a cultural treasure, but preference in selling it in
order to eliminate the liability exposure and maintenance; and new owner will
need to maintain as a historical property and maintain the Parra Adobe.
• Need to list the property as soon as possible, and direct staff to provide a 60
day notice to vacate; and felt that the Capistrano Indian Council can meet for
their classes at the community center.
• Suggested to lease the property at market value or sell.
• In favor of leasing for $300 a month while the City finds an interested buyer.
7 3/1/2011
Council Motion: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried unanimously to direct staff to provide the
Capistrano Indian Council with a 60 day notice to vacate the Harrison House
property.
G3. UTILITIES DEPARTMENT
a. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING
CHAPTER 9 OF TITLE 6 OF THE MUNICIPAL CODE REGARDING THE
WASTEWATER DISCHARGE PRETREATMENT AND SOURCE CONTROL,
APPROVED (1040.80)
Ziad Mazboudi, Senior Civil Engineer, 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 9 OF TITLE 6 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
REGARDING THE WASTEWATER DISCHARGE PRETREATMENT AND
SOURCE CONTROL PROGRAM".
G4. CITY CLERK
a. RESOLUTION 11-03-01-07 ADOPTED DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS ON MEASURE B (DISTRITO LA
NOVIA/SAN JUAN MEADOWS GENERAL PLAN AMENDMENT) (630.20)
Maria Morris, City Clerk, provided a staff report and responded to questions.
Omar Sandoval, City Attorney, responded to questions.
Council Comments:
Preference in providing the public with as much information as possible,
supported directing the City Attorney to prepare an Impartial Analysis, and
continue to print the full text of the resolution as well.
Council Motion: Moved by Mayor Allevato, seconded by
Council Member Freese, and carried 4-1 with Council Member Reeve opposed to
adopt Resolution No, 11-03-01-07 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS";
and full text of Resolution 10-11-02-02 to be printed on the ballot.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
8 . 3/1/2011
ORDINANCES: None
COUNCILMANIC ITEMS: None
ADJOURNMENT:
There being no further business, Mayor Allevato adjourned the meeting
at 8:39 p.m. to Friday, March 4, 2011, at 8:00 a.m. for a Closed Session meeting; and
then to Tuesday, March 15, 2011, at 5:00 p.m. for Closed Session and 6:00 p.m. for a
public Business Session; and then to Wednesday, March 16, 2011, at 10:00 a.m. for a
Closed Session meeting, in the City Council Chamber.
Respectfully subm
IA MORRI$,
Approved: March 15, 2011
ATTEST:
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9 3/1/2011