11-0104_CC_Minutes_Regular MeetingMINUTES
January 4, 2011
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Allevato called the Regular Meeting of the City Council to order at
5:35 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:
Lennie DeCaro, City resident, submitted an e-mail dated January 4, 2011, asking that
the Council continue with the lawsuit against Caltrans (Item A3d) and not to settle in
order to save on attorney's fees.
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 conferred with
legal counsel pertaining to one potential item for initiation of litigation.
b. Pursuant to Government Code Section 54956.9(a), the City Council conferred with
legal counsel pertaining to existing litigation in the writ of mandate matter of Scalzo
vs. City of San Juan Capistrano.
c. Pursuant to Government Code Section 54956.9(a), the City Council conferred with
legal counsel pertaining to existing litigation in the complaint for damages matter of
Scalzo vs. City of San Juan Capistrano.
d. Pursuant to Government Code Section 54956.9(a), the City Council conferred with
legal counsel pertaining to existing litigation in the matter of City of San Juan
Capistrano v. State of California Department of Transportation (Caltrans).
e. Pursuant to Government Code section 54957.6, the City Council conferred with its
labor negotiator (City Manager) as to the memoranda of understanding with
represented employees, including salaries and fringe benefits. The affected
bargaining units are San Juan Capistrano Classified Employees Association and
San Juan Capistrano Management and Professional Employees Association.
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:36 p.m. in the City Council Chamber.
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Mayor pro tem Kramer led the Pledge of Allegiance, and Council Member Freese gave
the invocation. Patriotic Song by Tushmalum Heleckum, Juaneno Band of Mission
Indians, Acjachemen Nation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor,
Mayor pro tern 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:
Mayor Allevato announced that, due to the holidays and the two week City furlough, the
closure and disclosure of the tentative agreement with Chevron has been delayed.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Associated Senior Action Program (ASAP) and Seniors Luncheon.
■ Staff commended for work performed during the rain storms, and requested that an
item be agendize to discuss events occurred in order to use as a case study.
■ Acknowledged all volunteers and asked for additional help for residents in
need after the floods.
■ Visited homes and properties damaged by the rain storms/floods.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Cynthia Alexander, Community Services Manager, announced the following upcoming
communitywide events:
■ San Juan Capistrano's Farmer's Market.
■ "Showoff! 2611 ", presented by the Camino Real Playhouse.
■ "Evening Networking Mixer", hosted by the Chamber of Commerce.
• Kick-off presentation of the 50th Anniversary of the City's Incorporation, at the
Community Center.
• "Mixer and Membership Drive", by the Fiesta Association.
• "Hairiest Man Sign Ups", conducted by the Fiesta Association for the upcoming 2611
Fiesta de la Golondrinas.
GIFT PRESENTED TO THE CITY FROM CAPESTRANO, ITALY (410.60)
Vicki Caribini, presented Mayor Allevato with a flag "Comune de Capestrano" from
Capestrano Italy.
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2. PRESENTATION TO OUTGOING CHIEF OF POLICE LT, DAN DWYER FOR
HIS YEARS OF SERVICE (410.60)
Mayor Allevato, recognized outgoing Chief of Police Lt. Dan Dwyer for all his
years of service to the residents of San Juan Capistrano and presented him with a
plaque.
3. CHIEF OF POLICE LT. JOHN MEYER WELCOMED (610.40)
Mayor Allevato welcomed new Chief of Police Lt. John Meyer.
4. PRESENTATION FROM SOUTH ORANGE COUNTY WASTEWATER
AUTHORITY (SOCWA) ON THE PROPOSED IRVINE RANCH WATER
DISTRICT RECYCLING PLANT BIOSOLIDS FACILITY (610.40)
Tom Rosales, SOCWA, provided a PowerPoint presentation regarding the
proposed Irvine Ranch Water District Recycling Plant Biosolid Facility.
5, MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Sheldon Cohen and Robert Williams, Planning Commission;
Ilse Byrnes, Parks, Recreation and Equestrian Commission; William Bonney,
Housing Advisory Committee; and Erica Delamare, Youth Advisory Board.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
• Tom Lunnen, City resident, spoke regarding a Notice of Violation received
without any prior warnings for not having a business license for the building
that he owns in town
• Joan Irvine Smith, City resident, submitted a letter and spoke regarding law
enforcement, traffic management, and the Ortega Highway Widening project.
• Leslie Barwick, City resident, spoke regarding damage to her home from
the recent rain stormlflooding, and asked who is responsible for the maintenance
of EI Horno Creek.
• Ian Smith, City resident, spoke regarding fiscal responsibility,. and made
recommendations to reduce the City's budget.
• John Perry, City resident, submitted a letter to the City Council, and spoke regarding
increases in water commodity & water charges from the Utilities Commission
Dashboard Report, expressing concern with the plans to issue $18,000,000 in new
bonded indebtedness.
• Orrie Brown, City resident, spoke regarding water damage to her home from
El Horno Creek overflowing due to recent rain storm; spoke regarding lack of
response from the City; and requested that the water drains be properly maintained.
• Tony Brown, City resident, presented a PowerPoint presentation with pictures from
the recent rain storms, and asked who is responsible for the maintenance for
EI Horno Creek, and as to plan for maintenance during the rest of the winter.
• Kim McCarthy, City resident, read e-mails sent to the Capistrano Common Sense
from residents regarding parking issues, overcrowding, and lack of public safety.
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Aaron Pluff, City resident, showed a picture of recent graffiti in his neighborhood;
and stated that he supported the proposed curfew for minors. Mayor Allevato asked
him to share his picture with Lt. Meyer.
Mamie Maywhort, City resident, spoke regarding increased crime in the community;
asked to reduce City spending, rebuild the downtown and increase law enforcement.
Lt. Dwyer spoke regarding action taken by police services in regard to a few recent
burglaries.
Joe Tait, City Manager; Steve Apple, Deputy City Manager; Cindy Russell,
CFO/Treasurer; and Nasser Abbaszadeh, Public Works Director,
provided information on actions taken by the City regarding the recent
rain storms which caused voluntary evacuations of hundreds of homes and
businesses, downed trees, floods, mudslides, damage to the San Juan Creek, the
overflow of El Horno Creek, and damaged many homes in the City. Mayor Allevato
asked that an item be agendize for a later meeting after all the data has been
received and the City has information as to who is responsible for the maintenance
of EI Horno Creek.
CONSENT CALENDAR:
Council Action: Moved by Council Member Freese, seconded by Mayor pro tem
Kramer, and carried unanimously to approve consent calendar items 1 through 3, and 5.
as recommended by staff.
Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES _ REGULAR MEETING OF
DECEMBER 7, 2010, APPROVED.
3. CITY COUNCIL MINUTES — SPECIAL MEETING OF
DECEMBER 10, 2010, APPROVED
4. ACCOUNTS PAYABLE WARRANTS DATED NOVEMBER 18, 2010, IN THE
AMOUNT OF $2,727,217.98, AND PAYROLL WARRANTS DATED NOVEMBER
12, 2010, IN THE TOTAL AMOUNT OF $183,676.54, RECEIVE AND FILED
(300.30)
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried 4-1 with Council Member Reeve opposed to
receive and file the Accounts Payable Warrants dated November 18, 2010; and
the Payroll Warrants dated November 12, 2010.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
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5. SAN JUAN CAPISTRANO CHAMBER OF COMMERCE DIRECTED TO
SUBMIT A SPECIAL ACTIVITIES PERMIT APPLICATION AND THE
REQUIRED FEE OF $869.00 FOR AN ADDITIONAL 12 MONTH APPROVAL
(460.70)
6. CONSIDERATION OF AMENDATORY LEASE AGREEMENT FOR THE
HARRISON FARM HOUSE (CAPISTRANO INDIAN COUNCIL) — ITEM
REMOVED FROM THE AGENDA BY STAFF (600.20)
Public Correspondence:
• Jim Reardon, City resident, submitted an e-mail on January 3, 2011, asking
that the Council further investigate the status of the corporation before
extending the lease, since the Secretary of State shows them as
"suspended" on their website.
PUBLIC HEARINGS:
1. CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION
ACTION TO UPHOLD AN APPEAL OF AN APPROVED
SIGN PERMIT, THEREBY OVERTURNING THE APPROVAL
(PRICE SELF STORAGE) — CONTINUED TO FEBRUARY 15, 2011 (410.60)
Public Correspondence:
• Kelly D. Burt, Price Self Storage, submitted a letter asking the Council to
continue the public hearing to a later date in February.
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Kramer, and carried unanimously to continue the public hearing to
February 15, 2011,
2. INTRODUCTION AND FIRST READING OF AN ORDINANCE .APPROVING
CODE AMENDMENT (CA) 10-02 AUTHORIZING SHARED PARKING
STANDARDS FOR THE HISTORIC TOWN CENTER MASTER PLAN AREA
(570.60)
Council Member Taylor recused himself and stepped down from the dais due to
the proximity of the project to his home.
Grant Taylor, Economic Development Director, provided a staff report,
responded to questions and read a letter into the record from Eric Altman,
Chamber Board Member, supporting the ordinance.
Mayor Allevato opened the public hearing and invited testimony.
Public Testimony:
• Larry Thomas, former President of the Chamber of Commerce, spoke in
favor of the proposed ordinance.
5 1/4/2011
Council Comments:
Felt that the proposed code amendment is a great tool to strengthen the
businesses in the downtown, and to smooth the City's process; felt that it's
important to concentrate in helping businesses that are already in town and
also bring new businesses; preference in changing the language that
outdoor dining and drinking is an accessory, and not separate, and for retail
parking to be one (1) parking stall per 400 sq. ft.
Concerned with the size of the 1,500 foot radius.
Preference in increasing the north end the 1,500 foot radius in Exhibit "A"
at the intersection of Forster Street and Ortega Highway in order to include
the school property and the library parking lot.
Mayor Allevato closed the public hearing.
Omar Sandoval, City Attorney, read the title of the ordinance.
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Kramer, and 3-1-1 with Council Member Taylor recused and
Council Member Reeve opposed to the introduction and first reading of an
ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT
(CA) 10-02 ESTABLISHING SHARED PARKING STANDARDS FOR
BUSINESSES AND LAND USES IN THE HISTORIC TOWN CENTER MASTER
PLAN AREA PURSUANT TO EXHIBIT "A" ADDING NEW SECTION 9-3.535(H)
TO THE TITLE 9 LAND USE ZONING CODE"; with the following changes:
1) retail parking to be one (1) parking stall per 400 sq, ft.; and 2) add language
that outdoor dining and drinking is an accessory.
ROLL CALL:
AYES:
COUNCIL MEMBER:
NOES:
COUNCIL MEMBER:
RECUSED:
COUNCIL MEMBER:
ABSENT:
COUNCIL MEMBER:
Freese, Kramer and Mayor Allevato
Reeve
Taylor
None
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1, CITY MANAGER
a. CONSIDERATION OF PERSONAL SERVICES SELECTION AND
PURCHASING GUIDELINES -- CONTINUED TO FEBRUARY 1, 2010 (370.50)
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b. STAFF DIRECTED TO PROCEED WITH ISSUANCE OF INDEBTEDNESS
RELATED TO THE SETTLEMENT OF THE SCALZO JUDGMENT (340.20)
Cindy Russell, Chief Financial Officer/City Treasurer, provided a staff report and
responded to questions.
Council Comments:
• Felt that it was necessary to proceed with the issuance of judgment bond in
order not to lower the City's reserves.
Council Motion: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried 4-1 with Council Member Reeve opposed to
direct staff to proceed with issuance of judgment obligation bonds to fund the
remaining $3,175,000 payment due by June 30, 2011, related to the settlement
of the Scalzo Family Trust case.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
G2. POLICE SERVICES
a. CONSIDERATION OF INTRODUCTION OF A PROPOSED ORDINANCE ADDING
CHAPTER 32 TO TITLE 5 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
ESTABLISHING A CURFEW FOR MINORS — ITEM CONTINUED TO A FUTURE
MEETING — (5$5.10)
Public Correspondence:
• Kim McCarthy, City resident, submitted an e-mail on January 3, 2011,
expressing her opposition to the proposed curfew law for minors.
• Jim Reardon, City resident, submitted an e-mail on January 3, 2011,
opposed to the proposed curfew for minor ordinance.
Lt. Daniel P. Dwyer, Chief of Police, provided a staff report and responded to
questions. Lt. John Meyer, responded to questions.
Public Comments:
Steve Cotygno, City resident, spoke against the proposed curfew for minors
ordinance, and left a copy of a 1997 resolution passed by the Orange County
Board of Education against daytime curfews.
Jim Reardon, City resident, spoke in opposition the ordinance, and felt that
truancy is a school district matter not a civic matter.
7 1/4/2011
Council Comments:
• Preference in receiving further information from Capistrano Unified School
District, and receive truancy rate reports before voting on the
daytime curfew; expressed support for the nighttime curfew, but preference
in changing the time from 10:00 p.m. to 11:00 p.m.
Concerned with the criminalization of a non -criminal action; not in favor of
daytime curfew at this time; acceptable to change the nighttime curfew from
10:00 a.m. to 11:00 p.m.; supported court intervention, but not criminal
offense against the parents, or the minor, unless there's actual criminal
activity; and felt that the item should go to the Youth Advisory Board for their
review and recommendation.
Preference in separating the daytime curfew from the nighttime curfew; and
would like to see the item come back with further information on truancy
rates and have an official position from Capistrano Unified School District.
Preference in having the item presented to the Capistrano Unified School
District Board of Trustees, and bifurcated into daytime and nighttime curfew
before the item back to the City Council.
Council Motion: Moved by Council Member Allevato, seconded by
Mayor pro tem Kramer, and carried unanimously to bring back this item
bifurcated into two separate entities (daytime/nighttime curfew); present the item
to the Youth Advisory Board in order to get their perspective; present the item to
the Capistrano Unified School District Board and private schools in the
City for their input; and to bring back the option of enforcement by
Administrative Citation.
G3. UTILITIES DEPARTMENT
a. PROPOSAL TO PARTICIPATE IN THE IRVINE RANCH WATER DISTRICT
RECYCLING PLAN BIOSOLIDS FACILITY, APPROVED (1010.40)
Ziad Mazboudi, Senior Civil Engineer, provided a staff report and responded to
questions. Tom Rosales, South Orange County Wastewater Authority (SOCWA),
responded to questions.
Council Comments:
In favor of moving forward as long as the Utilities Commission reviews the
item and submits a recommendation.
Council Motion: Moved by Council Member Taylor, seconded by
Mayor pro tem Kramer, and carried 4-1 with Council Member Reeve opposed to
approve a proposal to participate in the Irvine Ranch Water District Recycling
Plant Bicsolids Facility; with the caveat that the item will go Utilities Commission
for their recommendation.
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ORDINANCES:
1, ORDINANCE NO. 979: ADOPTED AMENDING CHAPTER 14 OF TITLE 8 OF
THE MUNICIPAL CODE REGARDING WATER QUALITY REGULATIONS
(450.3011050.30)
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance. Ziad Mazboudi, Senior Civil Engineer, responded to questions.
Council Action: Moved by Mayor pro tem Kramer, seconded by Council Member
Taylor, and carried unanimously to adopt Ordinance No. 979, 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
CONTROL"
COUNCILMANIC ITEMS:
1. DISCUSSION OF POTENTIAL SIGNIFICANT PROPERTIES OR HISTORIC
SITES THAT WOULD QUALIFY FOR CITY PROCESS EXCEPTIONS WHILE
MAINTAINING PUBLIC SAFETY AND REGULATORY STANDARDS — ITEM
CONTINUED TO JANUARY 18, 2011 (440.30)
2. DISCUSSION REGARDING PLACING AN ADVISORY BALLOT MEASURE
REGARDING RED LIGHT CAMERAS INCLUDING ANY ADDITIONAL
ALTERNATIVES (630.20)
Deputy Joe Cope, responded to questions from the City Council.
Council Comments:
o Unanimous to bring back an item with financial information, impacts if
contract is terminated early, and keep open the possibility to include as an
advisory vote.
3. DISCUSSION REGARDING BUSINESS LICENSE POLICIES (390.60)
Omar Sandoval, City Attorney, responded to questions from the City Council.
Public Comments:
Jonathan Volzke, City resident, inquired as to whether or not a business
license is required to rent a house in the City. Omar Sandoval, City Attorney,
responded that a business license would be required.
Council Comments:
• Unanimous to direct staff to bring back a report addressing business license
regulations and enforcement, and a possible amnesty program.
9 . 1/4/2011
4. APPOINTMENTS TO MAYORAL SUB -COMMITTEES, RECEIVED AND FILED
Council Comments:
• Preference in changing Water Services . Sub -Committee to
Water Services/Sustainability.
ADJOURNMENT:
There being no further business, Mayor Allevato adjourned the meeting at
12:38 a.m. to Tuesday, January 18, 2011, at 5:30 p.m.
for Closed Session and 6:30 p.m. for a public Business Session, in the
City Council Ch,�mber.
Respectf ly bmitted,
r
MARIA MORRIS, Cly Y CLERK
Approved: January 18, 2011
ATTEST:
z
SAM ALLEVA O, MAYOR
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