11-0419_CC_Minutes_Regular MeetingMINUTES
April 19, 2011
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: None
BUSINESS SESSION:
Mayor pro tem Kramer called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:05 p.m. in the City Council Chamber.
Council Member Taylor led the Pledge of Allegiance and Council Member Freese
gave the invocation. Sydney Webb, Capistrano Valley Christian School, performed
"God Bless America".
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor,
and Mayor pro tem Larry Kramer
COUNCIL MEMBERS ABSENT: Mayor Allevato
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were not necessarily heard in that order.
PORTS ON OUTSIDE AGENCIES:
■ City's "50" Year Anniversary" celebration.
■ San Juan Elementary 4th grade class fieldtrip to the Ocean Institute.
■ "Expanding Innovation in Orange County" meeting.
■ "Sustainable Business Expo".
■ "Earth Day", hosted by The Ecology Center.
■ "Easter EGGStravaganza" at Zoomars Petting Zoo, hosted by Homefront America.
INTRODUCTIONS AND PRESENTATIONS
1. RESOLUTION OF APPRECIATION FROM ORANGE COUNTY
TRANSPORTATION AUTHORITY (OCTA) FOR 20 YEARS OF PARTNERSHIP
IN DELIVERING TRANSPORTATION SOLUTIONS THROUGH MEASURE M
FUNDING; AND RESOLUTION COMMEMORATING THE CITY'S 50TH YEAR
ANNIVERSARY (610.40)
Pat Bates, Orange County Board of Supervisors, presented the Mayor with a
Resolution of Appreciation from the Orange County Transportation Authority
(OCTA), commemorating 20 years of partnership with the City in delivering
much-needed transportation solutions through Measure M funding; and
presented a Resolution commemorating the City's 50t" Anniversary.
1
2. PROCLAMATION DESIGNATING APRIL 2011 AS DMV/DONATE LIFE
CALIFORNIA MONTH (610.40)
Mayor pro tem Kramer proclaimed April 2011 as DMV/Donate Life California
month and presented a proclamation to Dick Veale, Donate Life California Organ
& Tissue Donor Registry.
3. PROCLAMATION OF EARTH DAY (610.40)
Mayor pro tem Kramer proclaimed April 21, 2011, as Earth Day and presented a
proclamation to George Sutherland, President of Trout Unlimited, OC.
4. RECOGNITION OF MARCO FORSTER MIDDLE SCHOOL STUDENTS THAT
PARTICIPATED IN THE LOS ANGELES MARATHON (610.40)
Mayor pro tem Kramer recognized Marco Forster Middle School students:
Kiefer Batterton, Max Batterton, Megan Chaney, Lizette Cruz, Chelsea Delgado,
Cassie Duran, Getsemani Flores, Isaiah Fitts, Derek Hahn, Nate Magee, Nandi
Maldonado, Kimberly Martinez, Edith Mejia, Geovanni Mendez, Edrian Ohoa,
Helen Payne, Samantha Pierce, German Ramirez, Lyndsey Robertson, Yary
Rojas, Yulet Ruiz, Addy Sanchez,. Kainan Short, and Claire Taylor and provided
them with a certificate of recognition.
5. COUNCIL MEMBER FREESE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Steve Behmerwohld and Ron Denman, Parks, Recreation
and Senior Services Commission; Jim Reardon, Auditing/Finance Ad -Hoc
Committee; Mary Ann West, San Juan Seniors; Orange County Fire Authority
Division Chief Rick Robinson; Susan Hinman and Kevin Hunt, Municipal Water
District of Orange County; and Orange County Supervisor Pat Bates.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
■ Evan Marks, The Ecology Center, presented the City with a ,50th Year Anniversary"
certificate of recognition.
■ Joan Irvine Smith, City resident, submitted a letter and spoke regarding
law enforcement, traffic management, and the Ortega Highway Widening project.
■ Emily Smith, Southern California Gas Company, introduced herself as the new
Public Affairs Manager.
• Travis Engel, City resident, asked the City Council to support the concept of 2-3 acre
BMX Style. Bike Park in open space, provided handouts and responded to questions.
■ Ian Smith, City resident, expressed concern with high water bills and the water billing
system; and asked the City Council to look into it. Mayor pro tem Kramer, asked staff
to contact Mr. Smith regarding his water bills.
Steve Behmerwohld, City resident, expressed concern with Orange County
Transportation Agency (OCTA) project at the Avenida Aeropuerto site, felt that
additional field support for traffic safety was needed. Nasser Abbaszadeh,
Public Works Director, stated that issues have been reported to OCTA and will be
meeting with them soon.
2 4/19/2011
CONSENT CALENDAR:
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried 4-0-1 with Mayor Allevato absent to approve
consent calendar items 1, through 5, and 7 through 10 as recommended by staff, with
Council Member Reeve opposed to approve consent calendar 6.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES _ REGULAR MEETING OF
APRIL 5, 2011, APPROVED.
3. CITY COUNCIL MINUTES — SPECIAL MEETING OF APRIL 7, 2011,
APPROVED.
4. CITY COUNCIL MINUTES — SPECIAL MEETING OF APRIL 8, 2011,
APPROVED.
5. CITY COUNCIL MINUTES -- SPECIAL MEETING OF APRIL 12, 2011,
APPROVED.
6, ACCOUNTS PAYABLE WARRANTS DATED APRIL 7, 2011, IN THE TOTAL
AMOUNT OF $4,168,989.57; AND PAYROLL WARRANTS DATED MARCH 18,
2011, IN THE TOTAL AMOUNT OF $187,457.31; AND PAYROLL WARRANTS
DATED APRIL 1, 2011 IN THE TOTAL AMOUNT OF $187,560.25; AND
PAYROLL CASH OUT WARRANTS DATED MARCH 25, 2011, IN THE TOTAL
AMOUNT OF $36,019.34; AND PAYROLL CASH OUT WARRANTS
DATED APRIL 5, 2011, IN THE TOTAL AMOUNT OF $1,825.98,
RECEIVED AND FILED (300.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
7, YOUTH ADVISORY BOARD VACANCIES DECLARED; AND CITY CLERK
DIRECTED TO SOLICIT APPLICATIONS TO FILL THE VACANCIES (110.20)
8. RESOLUTION 11-04-19-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING CONSIDERATION OF A CODE AMENDMENT TO RESCIND TITLE
8, CHAPTER 9, HOME WARRANTY PROGRAM OF THE MUNICIPAL CODE"
(450.80)
9. STAFF DIRECTED TO INITIATE A CODE AMENDMENT TO ADDITIONALLY
ALLOW BED AND BREAKFAST USES IN NON -HISTORIC STRUCTURES
WITHIN THE DOWNTOWN AND COMMERCIAL ZONES, LOS RIOS AND
MISSION HILL -MISSION FLATS AREAS (420.30)
3 4/19/2011
10. RESOLUTION NO. 11-04-19-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, GRANTING DEED TO THE ORANGE COUNTY FLOOD
CONTROL DISTRICT, PARCELS 242, 243, 244 OF LOT 60 OF TRACT 103" ;
AND CITY CLERK DIRECTED TO PROCESS RECORDING OF THE GRANT
DEED WITH THE ORANGE COUNTY RECORDER" (670.50)
11. RESOLUTION NO. 11-34-19-03 ADOPTED APPROVING THE ADOPTION AND
SUBMITTAL TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY
FOR FUNDING UNDER THE COMPETITIVE MEASURE M2 REGIONAL
TRANSPORTATION SIGNAL SYNCHRONIZATION PROGRAM" (590.50)
Alan Oswald, Senior Traffic Engineer, responded to questions.
Council Comment:
a important to include in all agenda reports the recommendation from
Commissions/Committees that have reviewed the matter prior to the
City Council meeting.
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried 4-0-1 with Mayor Allevato absent to adopt
Resolution No. 11-04-19-03 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
ADOPTION AND SUBMITTAL TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPETITIVE
MEASURE M2 REGIONAL TRANSPORTATION SIGNAL SYNCHRONIZATION
PROGRAM"
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor, and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Allevato
12. PERSONAL SERVICES AGREEMENTS FOR DEL OBISPO STREET
WIDENING FROM ALIPAZ STREET TO PASEO ADELANTO STPL 5372 (011)
(CIP NO. 07107), APPROVED WITH THE FOLLOWING FIRMS: TWNIEMANN,
INC., WILLDAN ENGINEERING, RBF CONSULTING, AND SMITH EMERY
LABORATORIES (600.30)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Public Comment:
Steve Austin, Advance Civil Group, asked the Council to reconsider the firm
selection for the SWPPP development and construction general permit
compliance, felt that the Request for Proposal (RFP) process was not done
adequately.
4 4/19/2011
Council Comment:
■ The $722,000 mentioned under the staff report's "Financial Consideration" is
to be removed from the City's budget as the funds are coming from the
Redevelopment Agency Capital Improvement Project (CIP) 09910.
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried 3-1-1 with Mayor Allevato absent and
Council Member Reeve opposed to approve Personal Services Agreements for
Del Obispo Street Widening from Alipaz Street to Paseo Adelanto STPL 5372
(011) (CIP No. 07107), approved with the following firms: TWNiemann, Inc., in
the amount of $322,970.00 to perform construction management, RBF consulting
in the amount of $31,310.00 to perform construction management support in the
form of material submittal and shop drawing review, and request for information
and request for clarification support for structural related items, Willdan
Engineering in the amount of $10,200.00 to perform construction management
support in the form of material and shop drawing review, and request for
information and request for clarification support for non-structural items, RBF
Consulting in the amount of $34,020.00 to perform SWPPP development and
construction general permit compliance, Smith Emery Laboratories in the amount
of $71,914,00 to perform geotechnical services; and City Manager authorized to
execute.the agreements.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: Mayor Allevato
13. PERSONAL SERVICES AGREEMENT WITH ROGERS, ANDERSON, MALODY
& SCOTT, LLP FOR ANNUAL AUDITING SERVICES, APPROVED; AND
AUDITING/FI NANCE AD-HOC COMMITTEE DIRECTED TO MAKE A
RECOMMENDATION TO THE CITY COUNCIL FOR A SEPARATE
INDEPENDENT FIRM TO PERFORM AN IN-DEPTH FINANCIAL ANALYSIS OF
THE REDEVELOPMENT AGENCY AND UTILITIES ENTERPRISE (600.30)
Omar Sandoval, City Attorney, provided an update from the Auditing/Finance
Ad -Hoc Committee meeting of April 15, 2011, and responded to questions.
Laura Rocha, Accounting Manager, responded to questions.
Public Comment:
■ John Perry, Auditing/Finance Ad -Hoc Committee, questioned the selection
process for the auditing firm, as there was only one qualified firm; provided a
definition for "forensic audit", and ask that the Committee be directed to
recommend a firm to perform a separate forensic audit.
■ Jim Reardon, Auditing/Finance Ad -Hoc Committee, concerned with the
auditing firm selection process, as the only qualified firm had a "revolving
door" issue; and felt that the committee should be given the time to further
consider in order to provide proper recommendations.
5 4119/2011
Council Comment:
■ Supported a separate auditing firm to conduct the special audit for the
Redevelopment Agency and the Utilities Enterprise, but expressed preference
in the annual regular statutory audit to be performed by Rogers, Anderson,
Malody & Scott, LLP.
■ Concern with issuing a new Request for Proposal (RFP), as is late in the year
to start the process over again; stated that the "revolving door" issue
addressed by the Auditing/Finance Ad -Hoc Committee as a concern should
not be a problem, as the city employee who worked for the recommended
firm will have one (1) year of service to the City on May 3, 2011; and felt that
Rogers, Anderson, Malody & Scott, LLP. is a qualified firm.
1St Council Action: Moved by Council Member Freese, seconded by Council
Member Taylor, and carried 3-1-1 with Mayor Allevato absent and Council
Member Reeve opposed to approve a Personal Services Agreement with
Rogers, Anderson, Malody & Scott, LLP for annual auditing services for fiscal
years ending June 30, 2011, through June 30, 2013 with the option to extend for
two additional fiscal years.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: Mayor Allevato
2A Council Action: Moved by Council Member Freese, seconded by Council
Member Reeve, and carried 3-1-1 with Mayor Allevato absent and Mayor pro tern
Kramer opposed to direct the Auditing/Finance Ad -Hoc Committee to make a
recommendation to the City Council of a separate independent firm to
perform an in-depth financial analysis of the Redevelopment Agency
and the Utilities Enterprise, with the Scope of Work identified by the
Auditing/Finance Ad -Hoc Committee; and Request for Proposals (RFP)
to be prepared by staff.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
PUBLIC HEARINGS:
Freese, Reeve and Taylor
Mayor pro tem Kramer
Mayor Allevato
1. RESOLUTION 11-04-19-04 ADOPTED APPROVING A CONDITIONAL USE
PERMIT (CUP) FOR THE ESTABLISHMENT OF A WIRELESS
TELECOMMUNICATIONS FACILITY LOCATED AT 29932 CAMINO
CAPISTRANO AND MORE SPECIFICALLY REFERRED TO AS
(APN 650-023-09) (T -MOBILE) (460.70)
Justin Kirk, Senior Management Analyst, provided a staff report and responded
to questions.
6 4/19/2011
Mayor pro tern Kramer opened the public hearing and invited testimony.
Public testimony:
■ Dean Brown, representing T -Mobile, provided information regarding
the project, asked for approval, and responded to questions from the
City Council.
Mayor pro tem Kramer closed the public hearing.
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried 4-0-1 with Mayor Allevato absent to adopt
Resolution No. 11-04-19-04 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT (CUP) FOR THE ESTABLISHMENT OF A
WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 29932 CAMINO
CAPISTRANO AND MORE SPECIFICALLY REFERRED TO AS
(APN 660-02309) (T -MOBILE)"
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Allevato
2, LICENSE AGREEMENT, APPROVED AND RESOLUTION NO. 11-04-19-05
ADOPTED APPROVING GRADING PLAN MODIFICATION (GPM) 10-004,
FOR PROPERTY LOCATED AT 2$412 AVENIDA LA MANCHA
(APN NO. 664-101-06) (HAJECK RESIDENCE) (600.30)
Justin Kirk, Senior Management Analyst, provided a staff report and responded
to questions.
Mayor pro tem Kramer opened the public hearing and invited testimony.
Public testimony:
it Michael Hajeck, applicant, thanked staff for guidance through the process.
Mayor pro tem Kramer closed the public hearing.
Council Comment:
■ Supported the project since it's consistent with the nearby properties, and it
has been approved by the Homeowners Association and by neighbors.
Council Action: Moved by Council Member Taylor, seconded by
Council Member Freese, and carried 4-0--1 with Mayor Allevato absent to
approve a License Agreement and adoption of Resolution No. 11-04-19-05
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING GRADING PLAN FOR PROPERTY
LOCATED AT 28412 AVENIDA LA MANCHA (APN NO. 664-101-06)
(HAJECK RESIDENCE)"
7 4/19/2011
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Allevato
3. RESOLUTION NO. 11-04-19-06 ADOPTED AMENDING RESOLUTION
10-05-04-02 AND PROVIDING THE SCHEDULE OF FEES AND CHARGES
FOR CITY SERVICES; AND STAFF DIRECTED TO BRING BACK A
RESOLUTION EXTENDING DEVELOPMENT IMPACT FEES FOR HOTELS
AND CAR DEALERSHIPS FOR AN ADDITIONAL SIX (6) MONTHS (390.10)
Steve Montano, Assistant Director of Financial Services, provided a staff report
and responded to questions. Grant Taylor, Development Services Director,
responded to questions.
Mayor pro tem Kramer opened the public hearing and invited testimony.
Public testimony:
■ Robert Bollin, Tuttle -Click Capistrano Ford, requested a six (6) month
extension to the development impact fees for hotels and car dealerships
resolution, as they're in the process of submitting design plans.
Mayor pro tem Kramer closed the public hearing.
Council Comment:
• Supported extending the resolution for development impact fees for hotels
and car dealerships for an additional six (6) months.
• Suggested excluding solar photovoltaic systems and electrical charging
stations from permit and inspection fees, in order to promote "green building".
w Supported eliminating fees for the photovoltaic systems and electrical
charging stations, but did not support the recommended fee increases.
18t Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and 3-1-1 with, Mayor Allevato absent and
Council Member Reeve opposed to adopt Resolution No, 11-04-19-06 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION 10-05-04-02 AND
APPROVING THE SCHEDULE OF FEES AND CHARGES FOR CITY
SERVICES"; with corrections to page 66 (Exhibit K): Housing In -Lieu
Development — Valuation as determined under the City of San Juan Capistrano
Municipal Code Section 9-5.103; and excluding (Commercial/Residential)
Solar Photovoltaic Systems and Electrical Charging Stations from permit and
inspection fees.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor and Mayor pro tern Kramer
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: Mayor Allevato
8 4/19/2011
2"d Council Action. Moved by Council Member Freese, seconded by
Council Member Taylor, and 3-1-1 with Mayor Allevato absent and
Council Member Reeve opposed to bring back to the City Council a resolution
extending development impact fees for hotels and car dealerships for an
additional six (6) months.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: Mayor Allevato
4. CONSIDERATION OF A DEVELOPMENT AGREEMENT FOR THE
PLAZA BANDERAS HOTEL PROJECT WITH STROSCHER G3, LLC —
CONTINUED TO JUNE 7, 2011 (600.30)
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, 4-0-1 with Mayor Allevato absent to continue the
public hearing to June 7, 2011.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor, and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Allevato
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. FINANCE SERVICES
a. CONSIDERATION OF 2010/2011 OPERATING BUDGET UPDATE REPORT
AND PROPOSED ADJUSTMENTS (330.20) -- CONTINUED TO MAY 3, 2011
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried 4-0-1 with Mayor Allevato absent to
continue the item to May 3, 2011.
N&TEENTAIM
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor, and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Allevato
9 4/19/2011
b. CONSIDERATION OF 2010/2011 CAPITAL IMPROVEMENT PROGRAM (CIP)
BUDGET UPDATE REPORT AND PROPOSED ADJUSTMENTS (330.20) —
CONTINUED TO MAY 3, 2011
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried 4-0-1 with Mayor Allevato absent to
continue the item to May 3, 2011.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor, and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Allevato
G2. DEVELOPMENT SERVICES
a. CONSIDERATION OF RESEARCH ON EXEMPTING CITY -OWNED
PROPERTIES FROM CITY CODES, POLICIES, FEES AND/OR PROCEDURES
(670.601260.10) —CONTINUED TO MAY 3, 2011
G3. PUBLIC WORKS
a. CONSIDERATION OF ORANGEMAN TRIATHLON RACE COURSE
TO PASS THROUGH SAN JUAN CAPISTRANO ON SUNDAY,
SEPTEMBER 25, 2011(150.60)
Alan Oswald, Senior Traffic Engineer, provided a staff report and responded
to questions. Cynthia Alexander, Community Services Manager and
Lt. John Meyer, Chief of Police Services, responded to questions.
Public Comment:
■ David Flournoy, Orangeman Triathlon, provided information regarding the
triathlon event and responded to questions.
■ Lt. John Meyer, Chief of Police Services, expressed concern with not knowing
how to staff the event properly, as there's no traffic plan provided at this time;
and staffing will be strained due to another scheduled event in the City.
■ Tony Brown, City resident, suggested that the promoters of the
triathlon provide a shortfall guarantee to Homefront America if their
"Great Western Grub Fest" event is impacted financially.
0 Jim Reardon, City resident, expressed concern with highway closure, as
many commuters, residents, and businesses depend on the Ortega Highway.
Council Comment:
■ Stated that any proceeds that the City receives over and above the fees
should go toward City related events, as the City residents should benefit
from the usage of City streets and trails; felt there was too many unanswered
questions related to the traffic plan; economic impact does not balance the
safety and discomfort to the residents; and felt that it could not approve at this
time, as that the plan needs to be well thought out with the input of staff and
the City Council.
10 4/19/2011
■ Expressed concern with inconveniencing residents; felt that the trails should
be closed in order to provide safety; stated that the City should be
compensated for possible trail closures; and felt that closure of
Ortega Highway would create a big inconvenience.
■ Expressed support for triathlons assuming that they're well mitigated;
frustrated that the event is scheduled the same day as the
"Great Western Grub Fest"; and could not support without a
traffic control plan.
• Stated that the City of Los Angeles closes 20 plus miles for their
LA Marathon; felt that the City should take part in such events, as it brings
people into town; felt that proper notification, and placing conditions would
lessen inconvenience; and supported approving the event in concept,
as long as event promoter works with staff and Police Services to develop a
traffic control plan.
Council Motion: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried 2-2-0 with Council Member Taylor
and Mayor pro tem Kramer opposed to deny approval until further
information is provided.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese and Reeve
NOES: COUNCIL MEMBER: Taylor and Mayor pro tem Kramer
ABSENT: COUNCIL MEMBER: Mayor Allevato
Council Action: Moved by Mayor pro tem Kramer, seconded by Council Member
Reeve, and carried 3-1-0 with Council Member Freese opposed and
Mayor Allevato absent to continue item to future agenda.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Taylor and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: Freese
ABSENT: COUNCIL MEMBER: Mayor Allevato
G4. PUBLIC WORKS
a. CONSIDERATION OF FEE REDUCTION OF CITY PERMIT AND FACILITY
FEES AT THE HISTORIC TOWN CENTER PARK ON SEPTEMBER 25, 2011
(GREAT WESTERN GRUB FEST) (390.30)
Cynthia Alexander, Community Services Manager, provided a staff report and
responded to questions. Lt. John Meyer, Chief of Police Services, responded to
questions.
Public Comment:
■ Adam Maywhort, Homefront America, spoke regarding requested fee waivers;
expressed concern with discrepancy in event fees over the years; and
responded to questions from the City Council.
11 4/19/2011
Council Comment:
• Supported waiving the $1,465 fee, as they have not requested fee waivers in
the past; and felt that Police Services needs to be present at the event
in order to provide safety.
• Felt that Homefront America is a great organization; and expressed
concern with a declining budget, and the City's inability to afford
providing fee waivers every year to charitable organizations.
■ Need to have a set policy that addresses fee waivers for non-profit
organizations.
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried 4-0-1 with Mayor Allevato absent to approve
50% reduction of fees for this year's event, up to $1,465.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor, and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Allevato
G5. PUBLIC WORKS
a. AGREEMENT APPROVED WITH MUNICIPAL WATER DISTRICT OF
ORANGE COUNTY (MWDOC) FOR WATER USE EFFICIENCY PROGRAMS;
AND APPROVED TO PARTICIPATE IN SOUTH ORANGE COASTAL OCEAN
DESALINATION PROJECT (600.50)
West Curry, Assistant Utilities Director and Justin Kirk, Senior Management
Analyst, responded to questions.
Public Comment:
■ Kevin Hunt, General Manager and Susan Hinman, Director, Municipal Water
District of Orange County, responded to questions.
Council Comment:
Supported participating in the South Orange Coastal Ocean Desalination
Project; and preference in opting out of the "School Educational Program"
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried 4-0-1 with Mayor Allevato absent to approve
an Agreement Between Municipal Water District of Orange County (MWDOC)
for the Water Use Efficiency Programs only; and approved to participate in the
South Orange Coastal Ocean Desalination Project.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor, and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Allevato
12 4119/2011
ORDINANCES:
1. ORDINANCE NO. 984: ADOPTED AMENDING THE MUNICIPAL CODE
PERTAINING TO BUSINESS LICENSE TAXES FOR LESSORS OF
.PROPERTY WITHIN THE CITY (390.60)
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Taylor, and carried 3-1-1 with Mayor Allevato absent and
Council Member Freese opposed to adopt Ordinance No. 984, entitled
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 3-1.204 of
CHAPTER 1 OF TITLE 3 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
PERTAINING TO BUSINESS LICENSE TAXES FOR LESSORS OF
PROPERTY WITHIN THE CITY".
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Taylor and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: Freese
ABSENT: COUNCIL MEMBER: Mayor Allevato
2. ORDINANCE NO. 985: ADOPTED PROVIDING AN AMNESTY PROGRAM
FOR BUSINESS LICENSE TAXES FROM MAY THROUGH NOVEMBER
2011(390.60)
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance.
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried 3-1-1 with Mayor Allevato absent and
Council Member Reeve opposed to adopt Ordinance No. 984, entitled
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING AN AMNESTY
PROGRAM FOR BUSINESS LICENSE TAXES FROM MAY THROUGH
NOVEMBER 2011, WHICH FORGIVES CERTAIN PAST OBLIGATIONS FOR
TAXPAYERS WHO REGISTER WITH THE CITY AND AGREE TO PAY ALL
FUTURE BUSINESS LICENSE TAXES AS REQUIRED UNDER THE SAN
JUAN CAPISTRANO MUNICIPAL CODE".
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: Mayor Allevato
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COUNCIL.MANIC ITEMS:
1, ELLIOT LEVENSON AND KATHLEEN STRONG APPOINTED TO THE
CITIZENS' BOND OVERSIGHT AD-HOC COMMITTEE; AND VACANCY
DECLARED {340.20}
Maria Morris, City Clerk, provided a staff report.
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried 4-0-1 with Mayor Allevato absent to appoint
Elliot Levenson and Kathleen Strong to the Citizens' Bonet Oversight Ad -Hoc
Committee, term ending December 10, 2011; and one (1) vacancy declared.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor, and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Allevato
2. DISCUSSION OF A MEMORIAL EVENT FOR THE 10TH YEAR ANNIVERSARY
OF SEPTEMBER 11TH (150.60) — CONTINUED TO MAY 3, 2011
3. DISCUSS AND CONSIDER THE BROWN BAG LUNCH AND OTHER
INFORMATIONAL PROGRAMS (150.60) — CONTINUED TO MAY 3, 2011
ADJOURNMENT:
There being no further business, moved by Council Member Reeve, seconded by
Council Member Freese and carried 4-0-1 with Mayor Allevato absent to adjourn the
meeting at 10:09 p.m. to Tuesday, May 3, 2011, at 5:00 p.m. for Closed Session and
6:4p.m.„for the public Business Session, in the City Council Chamber.
Resp u ly submitted,
IS, Cl�TMLERK
Approved: May 3, 2011
ATTEST:
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