12-0306_CC_Minutes_Regular MeetingMINUTES
MARCH 6, 2012
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Kramer called the Regular Meeting of the City Council to order at
5:03 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, Sam Allevato,
Mayor pro tem John Taylor and Mayor Kramer
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(c), the City Council as Successor
Agency for the Former San Juan Capistrano Redevelopment Agency conferred
with legal counsel pertaining to one potential item for initiation of litigation.
BUSINESS SESSION:
Mayor Kramer called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:04 p.m. in the City Council Chamber.
Mayor pro tem Taylor led the Pledge of Allegiance and Council Member Allevato 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
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: Mayor pro tem Taylor recused
himself from Closed Session due to proximity of the item to be discussed to his
residence.
CITY CLERK ANNOUNCEMENT: Per Assembly Bill
announced that each Housing Authority Member is
conducting the Housing Authority meeting.
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23, Maria Morris, City Clerk,
receiving a $50.00 stipend for
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Immigration and Customs Enforcement (ICE) Community Education Workshop.
• "Academy Awards", at the Library.
• Annual State of the City Address by the Mayor.
• Update meeting on the Open Space Issues in Eastern Open Space.
• Meeting with interested parties on the Endevco Site.
• Meeting with Home Depot representatives.
• Meeting with interested developer of the Oaks Farm.
• Meeting with Hamilton Vineyards regarding Swanner House.
Ribbon Cutting Ceremony for the Marriott Residence Inn.
• Meeting with the Fiesta Association.
• 1111 Marine Battalion Committee meeting.
• Transportation Corridor Agencies Ad -Hoc Committee meeting.
• Trabuco Creek Channel Levee Protection Project meeting.
• San Juan Capistrano's Little League Opening Day.
• Desalinization meeting.
• Mayor's Walk.
• Joint Powers Insurance Authority meeting.
• Mission Preservation Foundation event.
INTRODUCTIONS AND PRESENTATIONS:
1. FEBRUARY 1, 2012, THROUGH APRIL 30, 2012, PROCLAIMED AS
FIESTA DE LAS GOLONDRINAS (610.40)
Mayor Kramer proclaimed February 1, 2012, through April 30, 2012, 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. 50TH YEAR ANNIVERSARY COMMITTEE RECOGNIZED (610.40)
Mayor Kramer recognized the 5& Year Anniversa,7 Committee for their
contribution and work in the celebration of the City's 50t year anniversary, and
presented each member with a plaque of appreciation.
3. MAYOR PRO TEM TAYLOR INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Kathy Hooper, Steve Behmerwohld and Ron Denman, Parks,
Recreation and Senior Services Commission; and Ilse Byrnes, Open Space,
Trails and Equestrian Commission; Jan Siegel, Cultural Heritage Commission;
and John Altieri, Transportation Commission.
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ORAL COMMUNICATIONS: City Council and Housing Authority
• Hannah Yeager, Kellan Jenner, Racquelle Vellandi, and Allison Leukanech,
representing Girl Scout Troop 528 — Mission Basilica School, asked the
City Council for their support in obtaining their "Bronze Award" by facilitating the
City's Historic Park for a "Reading is Fun Day" event. Karen P. Brust, City Manager,
together with Cynthia Alexander, Community Services Manager, will follow up
on this request.
• Ryan Foland, Huntington Beach Resident, asked for the City Council support and
assistance to reach parents and children for the "Bully Buster OC" organization,
which holds workshops to teach strategies to combat bullying, and build self-esteem
in children.
• Kim McCarthy, City resident, expressed concern with Orange County Sherriffs
"Cite and Release Policy"; and ask the City Council to agendize the matter at the
upcoming City Council meeting.
• Randi Peshkin, City resident, spoke regarding the Second Saturday Art Fair, and
asked the City Council to take into consideration the Art Fair participants when
reviewing the City's Business License regulations.
• Steve Behmerwohld, City resident, spoke in support of Orange County's Sherriffs
"Cite and Release Policy."
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem Taylor,
and carried unanimously to approve consent calendar items 1, through 6, 10, 11 and 14
as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF FEBRUARY 21, 2012,
APPROVED.
3. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
FEBRUARY 16, 2012, APPROVED.
4. CHECK REGISTER FOR AN ELECTRONIC TRANSACTION DATED
FEBRUARY 9, 2012, IN THE TOTAL AMOUNT OF $157.00; AND CHECK
REGISTER DATED FEBRUARY 10 TO FEBRUARY 23, 2012, IN THE TOTAL
AMOUNT OF $1,579,792.57; AND PAYROLL CHECK DATED FEBRUARY 23,
2012, IN THE TOTAL AMOUNT OF $50.00; AND PAYROLL CHECK DATED
FEBRUARY 17, 2012, IN THE TOTAL AMOUNT OF $206,041.67, RECEIVED
AND FILED (300.30)
5. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — FROM
JANUARY 16, 2012, THROUGH FEBRUARY 15, 2012, RECEIVED AND FILED
(440.10)
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6. SITE ACCESS LICENSE WITH THE SAN JUAN CAPISTRANO OPEN SPACE
FOUNDATION TO ALLOW ACCESS FOR THE COMPLETION OF THE
MULTI -USE TRAIL -RELATED IMPROVEMENTS AT 2C RANCH, APPROVED
(600.30)
7. AWARD OF CONTRACT FOR THE SIDEWALK IMPROVEMENT AND ACCESS
RAMPS CONSTRUCTION PROJECT WITH NAKA ENGINEERING
CONTRACTORS; PERSONAL SERVICES AGREEMENT WITH MOORE
IACOFANO GOLTMAN, INC. (MIG) FOR CONSTRUCTION SUPPORT
SERVICES; AND CITY MANAGER AUTHORIZED TO APPROVE UP TO 10%
CONTINGENCY IN THE TOTAL PROJECT COSTS FOR AN AMOUNT OF
$9,195 AS NEEDED (CIP 07119) (600.30)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried unanimously to award a Contract to Naka
Engineering Contractors for the Sidewalk Improvement and Access Ramps
Construction project, in the amount of $88,650.00, and all other bids rejected;
approve a Personal Services Agreement with Moore lacofano Goltman, Inc.
(MIG) for construction support services, in the amount of $3,295; and City
Manager authorized to approve up to 10% contingency in the total project costs
for an amount of $9,195 as needed (CIP 07119)
8. AWARD OF CONTRACT WITH ALLIED SPRINKLER CO., INC. FOR CITRUS
TREE PLANTING AT THE EAST OPEN SPACE LEMON GROVE SITE,
PARCEL NO. 8 (URGENT STRATEGIC PRIORITY NO.3 -1) (600.30)
Council Comments:
Would like to add to the Contract a warrantee clause indicating that
replacement of trees will be at no cost to the City.
Suggested looking into a volunteer program such as the "Inland Orange
Conservancy" program that promotes volunteers to harvest and maintain the
trees.
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried unanimously to award a Contract to
Allied Sprinkler Co., Inc. for Citrus Tree Planting at the East Open Space Lemon
Grove Site, Parcel No. 8, in the amount of $13,344; and add clause to the
Contract indicating that the warranty replacements of trees will be at no cost to
the City.
9. INDUCTION LIGHTING APPROVED AS THE PREFERRED ENERGY
EFFICIENT STREET LIGHTING FOR CONVERSION OF STREET LIGHTS IN
THE CITY (1010.80)
Joe Mankawich, Associate Engineer, responded to questions.
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Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Taylor, and carried 4-1 with Mayor Kramer opposed to approve
induction lighting as the preferred energy efficient street lighting for conversion of
street lights in the City.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Allevato and Mayor pro tem Taylor
NOES: COUNCIL MEMBER: Mayor Kramer
ABSENT: COUNCIL MEMBER: None
10. FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH
GEORGE G. BOGHOSSIAN AND ASSOCIATES, INC. FOR THE
ALIPAZ EXTENSION FEASIBILITY STUDY TO LENGTHEN THE TERM TO
MARCH 30, 2012, APPROVED (600.30)
11. PERSONAL SERVICES AGREEMENT WITH E. STEWART AND ASSOCIATES,
INC. TO PROVIDE MULTI -USE TRAIL MAINTENANCE AN REPAIR SERVICES
FOR A THREE-YEAR TERM WITH THREE ONE YEAR EXTENSIONS,
SUBJECT TO AVAILABLE FUNDING (600.30)
12. CHANGE ORDER NO. 1 FOR THE SAN JUAN CREEK ROAD UTILITIES
EXTENSION CONSTRUCTION CONTRACT WITH PAULUS ENGINEERING,
INC. IN THE AMOUNT OF $12,573.78, APPROVED; RESOLUTION NO.
12-03-06-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING
COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF THE SAN JUAN CREEK
ROAD UTILITIES EXTENSION PROJECT (600.30)
Joe Mankawich, Associate Engineer and Nasser Abbaszadeh, Public Works
Director, responded to questions.
Council Action: Moved by ' Council Member Allevato, seconded by
Council Member Freese, and carried 4-1 with Council Member Reeve opposed to
approve Change Order No. 1 for the San Juan Creek Road Utilities Extension
Construction Contract with Paulus Engineering, Inc. in the amount of $12,573.78,
approved; Resolution No. 12-03-06-01 adopted entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE
WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION
OF THE SAN JUAN CREEK ROAD UTILITIES EXTENSION PROJECT";
City Clerk directed to process recording of the notice; and staff authorized to
release the retention in the amount of $27,131.88, thirty-five days after
recordation.
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ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
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13. RESOLUTION NO. 12-03-06-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING RETIREMENT BENEFITS FOR MEMBERS OF
THE CLASSIFIED EMPLOYEES ASSOCIATION, THE MANAGEMENT AND
PROFESSIONAL EMPLOYEES ASSOCIATION, EXECUTIVE EMPLOYEES
AND UNREPRESENTED EMPLOYEES THROUGH THE ORANGE COUNTY
EMPLOYEES RETIREMENT SYSTEM (OCERS)" (720.60)
14. RESOLUTION NO. 12-03-06-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT
STAFFING CHANGES IN THE DEVELOPMENT SERVICES DEPARTMENT"
(700.10)
PUBLIC HEARINGS: None
SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Agency Agenda)
ADMINISTRATIVE ITEMS: None
SUCCESSOR AGENCY OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY BUSINESS:
SACRA RESOLUTION NO. 12-03-06-01 APPROVED ADOPTING THE DRAFT
RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD FROM
JANUARY 1, 2012 TO JUNE 30, 2012 (400.80)
Mayor pro tem Taylor recused himself and left the Council Chamber due to
proximity of numerous Redevelopment Agency properties to his residence.
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 12-03-06-01 entitled "A 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 COMMUNITY REDEVELOPMENT AGENCY, ADOPTING THE
DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE
PERIOD FROM JANUARY 1, 2012, TO JUNE 30,2012."
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
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ORDINANCES:
1. ORDINANCE NO. 992 ADOPTED ADOPTING A TEMPORARY EXTENSION OF
THE MAXIMUM TIME AUTOMOBILE DEALERSHIP PROMOTIONAL SIGNS
MAY BE DISPLAYED (410.40)
Maria Morris, City Clerk, read the title of the ordinance.
Public Comments:
• Ken Friess, City resident; and Miles Brandon, Capistrano Volkswagen,
spoke in favor of adoption of the ordinance
Council Action: Moved by Council Member Freese, seconded by
Council Member Allevato, and carried unanimously to adopt Ordinance No. 992
entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING A TEMPORARY EXTENSION
OF THE MAXIMUM TIME AUTOMOBILE DEALERSHIP PROMOTIONAL SIGNS
MAY BE DISPLAYED."
COUNCILMANIC ITEMS:
1. CONSIDERATION OF GRANTING AN ATTENDANCE EXCEPTION TO
GENE RATCLIFFE, PLANNING COMMISSIONER (110.20)
Public Correspondence:
• Sheldon Cohen, Planning Commissioner, submitted an e-mail on March 5,
2012, in support of granting the attendance exception for Gene Ratcliffe,
Planning Commissioner.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Freese, and carried unanimously to grant an absence exception
to Planning Commissioner Gene Ratcliffe.
2. CITY COUNCIL POLICY NO. 125 IMPLEMENTING "ACTION MINUTES" FOR
ALL WEBCASTED FORMAL CITY COUNCIL, COMMISSIONS, COMMITTEES,
AND BOARDS MEETINGS, APPROVED (610.30)
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Taylor, and carried unanimously to approve City Council Policy
125 implementing "Action Minutes" for all webcasted formal City Council,
Commissions, Committees, and Boards meetings.
ADJOURNMENT:
There being no further business Mayor Kramer adjourned the meeting
at 7:36 p.m. to Tuesday, March 13, 2012, at 11:00 a.m. for a public meeting with
United States Representative Ken Calvert; and then to Tuesday, March 20, 2012, at
5:00 p.m. for Closed Session and 6:00 p.m. for a public Business Session, in the
City Council Chamber.
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Approved: March 20, 2012
3/6/2012
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