11-1101_CC_Minutes_Regular MeetingMINUTES
NOVEMBER 1, 2011
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Allevato called the Regular Meeting of the City Council to order at
5:34 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 (610.85)
A Closed Session was held for the following purposes, as authorized by statute:
a. 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 an inverse condemnation and civil rights claim asserted by the
owner of the Capistrano Terrace Mobile Home Park involving the City's rent
control, park closure and building/property maintenance regulations.
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:09 p.m. in the City Council Chamber.
Mayor pro tem Kramer led the Pledge of Allegiance and Council Member Freese
gave the invocation. Ben Jettewa, Capistrano Valley Christian 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: Council Member Taylor
announced that he recused himself from Closed Session due to a business relationship.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Mayor Allevato provided an update on the non -radioactive ammonia leak at the
San Onofre Nuclear Generating Station; and announced the cancellation of
Public Hearing item E1 due to a letter submitted by the appellant dated
October 31, 2011, withdrawing her appeal; therefore, the Planning Commission
decision is final and the Conditional Use Permit 08-011 is officially revoked.
• South Orange County Wastewater Authority (SOCWA) meeting.
• Orange County Watershed Area Executive Committee meeting.
• San Juan Basin Authority meeting.
• Nine South County Agencies meeting.
• Edison's San Onofre Nuclear Generating Station (SONGS) Open House.
• Associate California Cities of Orange County meeting.
• Joint Powers Insurance Authority Risk Management Conference.
• Joined the Associated Senior Action Plan (ASAP) on a bike ride to locate graffiti.
• Desalination Plant meeting.
• "Mass of Remembrance" at the Old Mission Cemetery.
• Capistrano Valley Christian School meeting.
• "Mess Night" for the 1111 Marine Battalion.
• "Mayor's Walk" with the Chamber of Commerce.
• America On -Track meeting.
• Camino La Ronda Neighborhood meeting.
INTRODUCTIONS AND PRESENTATIONS
1. COMMUNITY RESPONSE TEAM (CERT) 2011 GRADUATES PRESENTED
WITH CERTIFICATES OF APPRECIATION (610.40)
Michael Cantor, Senior Management Analyst, recognized the 2011 graduates of
the Community Response Team program; and Mayor Allevato presented the
graduates with Certificates of Appreciation.
2. CINDY RUSSELL, CHIEF FINANCIAL OFFICER/CITY TREASURER
RECOGNIZED FOR 25 YEARS OF SERVICE (730.90)
Mayor Allevato recognized Cindy Russell, Chief Financial Officer/City Treasurer
for 25 years of service and provided her with a Certificate of Appreciation.
3. MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Steve Behmerwohld and Ron Denman, Parks, Recreation and
Senior Services Commission; Gerald Muir, Youth Advisory Board and. Parks,
Recreation and Senior Services Commission; Janelle Janke and Bradley Reyes,
Youth Advisory Board; Tim Markel, Transportation Commission; and Mary
Ellen West, San Juan Seniors.
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ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
• Rhen Kohan, City resident, spoke regarding the new proposed San Diego Gas and
Electric (SDG&E) substation and the number of scheduled power outages that have
occurred in her neighborhood.
• Dr. Roberta DeLuca and Mrs. Carol Barnett, Assistance League of Capistrano
Valley, spoke regarding the 6th Annual Christmas Home Tour; provided information
on their organization; and handed out flyers with information on the event.
• Kelley White, City resident and Coastal Mountain Youth Academy representative,
expressed concern with smoke shops, and requested for smoke shops to be kept
out of the City. Mayor Allevato stated that local law enforcement continues to
monitor smoke shops within the City; and suggested that she communicate with
Gerald Muir, Youth Advisory Board Adult Advisor and America On -Track to provide
educational programs for anti-smoking.
• Steve Nelson, City resident, read an article by Michael Cutler, retired INS
Investigator; requested that the City host a meeting for residents with
Immigration and Customs Enforcement (ICE); and felt that the City should be
declared a "Rule of Law" City. Mayor Allevato clarified that Border Patrol have held
meetings within the City, and is working with them to have another community
meeting in the near future.
• Tony Brown, City resident and business owner, spoke regarding an additional
citation received for their business license; requested a written letter from the City
acknowledging the licenses have been paid, and the citations have been forgiven
per the amnesty ordinance. Karen P. Brust, City Manager, stated that she will look
into the matter and send a letter of correction.
• Travis Engel, City resident, spoke regarding the proposed skate park and voiced his
support in promoting City businesses during the holidays.
CONSENT CALENDAR:
Council Action: Moved by
Mayor pro tem Kramer,
consent calendar items 1, 4, 5, 7,
Council Member Freese abstaining
opposed to consent calendar 3
consent calendar 6.
Council Member Freese, seconded by
and carried unanimously to approve
8, 11 through 16 as recommended by staff with
from consent calendar 2, Council Member Reeve
and 10, and Mayor Allevato recused from
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — REGULAR MEETING OF OCTOBER 18, 2011,
APPROVED.
3. CHECK REGISTER FOR WIRES DATED OCTOBER 4, 2011, IN THE TOTAL
AMOUNT OF $5.00; AND CHECK REGISTER FOR WIRES DATED OCTOBER
6, 2011, IN THE TOTAL AMOUNT OF $1,218.60; AND CHECK REGISTER FOR
WIRES AND CHECKS DATED OCTOBER 7 TO OCTOBER 20, 2011, IN THE
TOTAL AMOUNT OF $2,419,869.11; AND PAYROLL (DIRECT DEPOSIT)
DATED OCTOBER 14, 2011, IN THE TOTAL AMOUNT OF $178,833.46; AND
PAYROLL CHECKS DATED OCTOBER 14, 2011, IN THE TOTAL AMOUNT OF
$4,503.37, RECEIVED AND FILED (300.30)
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4. CLAIM OF DAVID POURAZAR DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER,
CARL WARREN & COMPANY (170.70)
5. QUALIFIED MASTER CONSULTANT LIST, APPROVED; AND MASTER
PERSONAL SERVICES AGREEMENTS TO PERFORM AND EXECUTE
ENGINEERING, BUILDING, AND ARCHITECTURAL SERVICES FOR A THREE
(3) YEAR TERM WITH THE OPTION OF TWO (2) ONE-YEAR EXTENSIONS,
IN AMOUNTS NOT TO EXCEED $50,000 PER PROJECT PROPOSAL, PER
YEAR, APPROVED FOR THE FOLLOWING CONSULTANTS (600.30):
ADVANTEC CONSULTING ENGINEERS, INC.; APA ENGINEERING, INC.;
APD CONSULTANTS, INC.; CHARLES ABBOTT ASSOCIATES, INC.; CIVIL
SOURCE, INC.; DARNELL & ASSOCIATES, INC.; DAVID H. LEE &
ASSOCIATES, INC.; DUDEK; ESGIL CORPORATION; GEOSCIENCE
SUPPORT SERVICES, INC.; GONG ENTERPRISES, INC. (GEI); HARTZOG &
CRABILL, INC.; HUITT-ZOLLARS, INC.; HUNSAKER & ASSOCIATES, INC.;
KPR CONSULTING, INC.; KREUZER CONSULTING GROUP; KUNZMAN
ASSOCIATES, INC.; LAWSON & ASSOCIATES GEOTECHNICAL
CONSULTING (LGC); LIN CONSULTING, INC.; MOORE IACOFANO
GOLTSMANS, INC. (MIG); MBF CONSULTING, INC.; NOBEL SYSTEMS;
PETRA GEOTECHNICAL, INC.; PETRA GEOTECHNICAL, INC.; PSOMAS;
RBF CONSULTING; RIDGE LANDSCAPE ARCHITECTS; RJM DESIGN
GROUP, INC.; RK ENGINEERING GROUP, INC.; RPA LANDSCAPE
ARCHITECTURE, INC.; THE MOOTE GROUP; TERRACON; URBAN
CROSSROADS, INC.; URS CORPORATION; AND WINZLER & KELLY (600.30)
6. PERSONAL SERVICES AGREEMENT WITH ROHAN & SONS, INC. FOR
HEATING VENTILATION AND AIR CONDITIONING (HVAC) MAINTENANCE
SERVICES (600.30)
Mayor Allevato recused himself and left the Council Chamber. The proposed
contractor Rohan & Sons, Inc. performed work in his residence within the last
twelve months.
Jill Thomas, Senior Management Analyst, responded to questions.
Council Comments:
Expressed concern with the lowest proposal from Rohan & Sons, Inc., and
their ability to perform the Scope of Work suitably; felt that the difference in
prices between the proposals received were too large.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Taylor, and carried 4-0 with Mayor Allevato recused to approve
a Personal Services Agreement with Rohan & Sons, Inc. for heating ventilation
and air conditioning (HVAC) maintenance services of city -owned buildings for a
three-year term, with three one-year optional extensions, subject to available
funding in the operational budget; and the City Manager authorized to execute
the agreement.
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ROLL CALL:
AYES:
COUNCIL MEMBER:
Freese, Reeve, Taylor and Mayor pro tem Kramer
NOES:
COUNCIL MEMBER:
None
ABSENT:
COUNCIL MEMBER:
None
RECUSED:
COUNCIL MEMBER:
Mayor Allevato
7. QUALIFIED CONTRACTORS LIST AND PERSONAL SERVICES AGREEMENT
FOR CONCRETE, SIDEWALK, AND CURB AND GUTTER MAINTENANCE
AND REPAIRS CITY-WIDE WITH DAVE COOK CONCRETE CONSTRUCTION,
INC., GREEK'S CONCRETE, AND TYGOR CONSTRUCTION, INC. FOR A
THREE-YEAR TERM, WITH THREE ONE-YEAR OPTIONAL EXTENSIONS,
SUBJECT TO AVAILABLE FUNDING IN THE OPERATIONAL BUDGET; AND
CITY MANAGER AUTHORIZED TO EXECUTE THE AGREEMENTS (600.30)
8. NEW DEVELOPMENT APPLICATIONS STATUS REPORT FROM
SEPTEMBER 16, 2011 THROUGH OCTOBER 15, 2011, RECEIVED AND
FILED (440.10)
9. PERSONAL SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC., FOR
THE PREPARATION OF LANDSCAPE PLANS AND COST ESTIMATES FOR
THE BLAS AGUILAR ADOBE NEF GRANT PROJECT (600.30)
Teri Delcamp, Historic Preservation Manager, responded to questions.
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried unanimously to approve a Personal
Services Agreement with RJM Design Group, Inc. for preparation of landscape
plans and cost estimates for the Blas Aguilar Adobe NEF Grant Project.
10. SITE ACCESS LICENSE FOR THE SAN JUAN CAPISTRANO OPEN SPACE
FOUNDATION (OSF) TO PROVIDE TREE TRIMMING SERVICES AT THE
EAST OPEN SPACE, PARCEL NO. 8 — LEMON GROVE (600.30)
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
11. PERSONAL SERVICES AGREEMENT WITH PROJECT PARTNERS, INC. FOR
CHIEF PLANT OPERATOR SERVICES FOR THE GROUNDWATER
RECOVERY PLANT (GWRP), IN AN AMOUNT NOT TO EXCEED $120,000
AND NOT EXTENDING BEYOND JUNE 30, 2012 (600.30)
12. PERSONAL SERVICES AGREEMENT WITH APR CONSULTING, INC. FOR
ADMINISTRATIVE AND MAINTENANCE SERVICES IN THE PUBLIC WORKS
AND COMMUNITY SERVICES DEPARTMENTS, IN AN AMOUNT NOT TO
EXCEED $100,000 AND NOT EXTENDING BEYOND JUNE 30, 2012 (600.30)
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13. RESOLUTION NO. 11-11-01-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK COMPLETED PURSUANT TO PLANS AND
SPECIFICATIONS FOR THE GW TREATMENT PLANT MODIFICATIONS —
GAC FOR MTBE REMOVAL (CIP 10804); AND CITY CLERK DIRECTED TO
PROCESS THE NOTICE OF COMPLETION (600.30) 7
14. PERSONAL SERVICES AGREEMENT WITH MUNICIPAL UNDERGROUND
SERVICES, INC. FOR SEWER AND STORM DRAIN MAINTENANCE FOR A
DURATION OF FOUR MONTHS, SUBJECT TO AVAILABLE FUNDING IN THE
OPERATIONAL BUDGET; AND CITY MANGER AUTHORIZED TO EXECUTE
THE AGREEMENT (600.30)
15. DONATION FROM SAN DIEGO GAS AND ELECTRIC (SDG&E) FOR
THE TITLE SPONSORSHIP TO FUND THE INITIAL DEPOSIT FOR THE 2012
4TH OF JULY FIREWORKS DISPLAY; THE 2012 SAN JUAN SUMMER NITES
CONCERT, AND THE 2011 AND 212 TREE LIGHTING CEREMONY,
APPROVED; AND FISCAL YEAR 2011-12 REVENUE ESTIMATE INCREASED
FOR ACCOUNT NO. 01-00000-44550-00000-648 BY $16,000 AND $16,000
APPROPRIATED TO ACCOUNT 01-72500-62508-00000-648 FOR THE FIRST
INSTALLMENT OF THE 2012 4TH OF JULY CELEBRATION FIREWORKS
DISPLAY (150.10)
16. FORMAL BID REQUIREMENT WAIVED FOR THE EMERGENCY PURCHASE
AND INSTALLATION OF 400 LINEAR FEET OF SEWER LINING FROM
SAK CONSTRUCTION, APPROVED (600.30)
PUBLIC HEARINGS:
1. CONSIDERATION OF AN APPEAL OF THE REVOCATION OF CONDITIONAL
USE PERMIT (CUP) 08-011, FORSTER MANSION EXCLUSIVE EVENTS
LOCATED AT 27182 ORTEGA HIGHWAY (APN 666-241-09) (ARPI EVANS) —
CANCELLED — APPEAL WITHDRAWN BY APPELLANT (460.70)
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. UTILITIES DIRECTOR
a. ADMINISTRATIVE POLICY FOR REGULATION OF AGRICULTURAL WATER
RATES, RECEIVED AND FILED (100.10)
Francie Kennedy, Conservation Coordinator, provided a PowerPoint presentation
and responded to questions. Cindy Russell, Chief Financial Officer/Treasurer,
responded to questions.
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Council Comments:
• Expressed support for the Agricultural Water Rate Policy, felt it was
important to preserve the City's agrarian history.
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried unanimously to receive and file the
Administrative Policy for regulation of agricultural water rates.
ORDINANCES: None
COUNCILMANIC ITEMS:
CONSIDERATION OF PROMOTING SAN JUAN CAPISTRANO BUSINESSES
DURING THE HOLIDAYS (470.10)
Public Correspondence:
• Larry Thomas, Chamber of Commerce, submitted a letter dated
November 1, 2011, encouraging the City Council to approve the
"Shop San Juan Capistrano During the Holidays" program.
Public Comments:
• Larry Thomas, Chamber of Commerce, spoke in support of the proposed
"Shop San Juan Capistrano During the Holidays" program.
Council Comments:
Expressed preference in not limiting the 10% off coupon to only tri -city
residents or business owners in the City, but instead make them available to
everyone.
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried unanimously to approve "SHOP SAN JUAN
CAPISTRANO DURING THE HOLIDAYS" from Friday, November 26 through
December 31, 2011, with the following promotions:
1. Amnesty from parking citations throughout the downtown except in cases of
red curbs, fire hydrants etc. (subject to Police Services discretion)
2. Amnesty from the temporary sign ordinance (i.e. banners, a -frame, and
sandwich boards.)
3. No fees for store banner applications (waive the 45 days once every calendar
year requirement.)
4. 10% discount at participating stores (Chamber to give out door decals to
participating businesses.)
5. One Dollar ($1.00) off coupon on Mission admission ticket for all members of
the party when showing a receipt from any restaurant in San Juan Capistrano
over $10. (A flyer would be given out with the food check by the local
restaurants to promote this.)
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2. DISCUSSION OF FOURTH OF JULY FIREWORKS EVENT FUNDING PLAN
(150.60)
Council Comments:
• Requested that staff bring back to the City Council a presentation regarding
possible use of laser shows for future 41h of July celebrations.
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried unanimously to approve a letter that will be
sent to businesses in the City of San Juan Capistrano requesting donations for
the 2012 0 of July event.
Mayor Allevato requested to agendize at a future meeting an item regarding the
City's Business License procedures in order to streamline the process.
Council Member Freese concurred with Mayor pro tem Kramer to agendize at a
future meeting a presentation regarding laser shows for possible future
4" of July celebrations.
ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting
at 7:47 p.m. to Tuesday, November 15, 2011, at 5:00 p.m. foi
Closed/'pession and 6:00 p.m. for the public Business Session, in the Council Chamber.
illy submitted,
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Approved: November 15, 2011
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