11-0630_CC_Minutes_Adjourned Regular MeetingMINUTES
Jure 30, 2011
SAN JUAN CAPISTRANO CITY COUNCIL
ADJOURNED REGULAR MEETING
CLOSED SESSION: None
BUSINESS SESSION:
Mayor Allevato called the Adjourned 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.
Mayor pro tem Kramer led the Pledge of Allegiance.
ROLL CALL
COUNCIL. MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor,
Mayor pro tem Larry Kramer and Mayor 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.
ORAL. COMMUNICATIONS: City Council and Community Redevelopment Agency
f Ian Smith, City resident, welcomed new City Manager; and expressed
disappointment with the City Council's action not to consider Vocational Visions to
continue providing custodial maintenance services for City parks.
■ Renee Ritchie, City resident, felt that the Eastern Open Space is a key entrance
point that need improvements, asked that the City Council consider improvements to
this area as a budget priority.
PUBLIC HEARINGS:
1. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVING
THE DEVELOPMENT AGREEMENT FOR THE PLAZA BANDERAS HOTEL
(600.30)
David Contreras, Senior Planner, provided a PowerPoint presentation and
responded to questions. Grant Taylor, Development Services Director; Nasser
Abbaszadeh, Public Works Director; West Curry, Utilities Assistant Director; and
Eric Bauman, Utilities Engineer, responded to questions
Mayor Allevato opened the public hearing and invited testimony.
1
Public Testimony:
■ Tom Merrell, representing the applicant, provided clarifications regarding the
Development Agreement; and responded to questions from the
City Council.
■ Ian Smith, City resident, felt that building a motel during the 1-5 Interchange
project, and the Ortega Highway widening did not make sense; and felt that
many nearby hotels have high room vacancies.
■ Tony Brown, City resident, questioned if any City/Redevelopment Agency
funds are committed for the project. Omar Sandoval, City Attorney, clarified
that the Development Agreement does not commit the City to pay any funds
for the project, but extends a 75% reduction of development impact fees.
Mayor Allevato closed the public hearing.
Council Comments:
■ Felt that the hotel will be a great project that will bring revitalization to
downtown.
■ Felt that the 1-5 Interchange project may be a catalyst that will help revitalize
the downtown; and felt it was important to retain transient occupancy taxes
that are going to nearby cities.
■ Felt that having the hotel and the 1-5 Interchange projects concurrently will
bring a few years of inconvenience, but the hotel will be great for the
downtown and the City.
■ Stated that the property owner has the right to build their property and
choose whether they want to build concurrently with the 1-5 Interchange
project; and felt that the hotel will provide visitors of equestrian shows and
soccer tournaments a place to stay in town, and also allow them to dine and
shop locally; and felt it was critical to make sure that the triangular remnant
piece be developed for a welcoming monument sign.
■ Supports private investment, but not convinced that the hotel will have a 65%
occupancy rate; and expressed concern with the 75% reduction of
development impact fees, and did not feel comfortable with the
water system upgrade "fire flow" issues.
Maria Morris, City Clerk, read the title of the ordinance.
Council Motion: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried 4-1 with Council Member Reeve opposed 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 APPROVING AND ADOPTING A DEVELOPMENT
AGREEMENT FOR THE PLAZA BANDERAS HOTEL PROJECT"
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
2 6/30/2011
PUBLIC HEARINGS - CONTINUATION:
RESOLUTION 11-06-30-01 ADOPTED APPROVING THE FISCAL YEAR
2011112 OPERATING BUDGET (330.20)
Steve Montano, Assistant Financial Services Director, and Cindy Russell,
Chief Financial Officer, provided a staff report and responded to questions.
Mayor Allevato opened the public hearing and invited testimony, no public
testimony was provided. Mayor Allevato closed the public hearing.
Council Comments:
■ Impressed to see 12% budget reductions; expressed concern with
needing additional reductions due to some staff time that's paid by the
Redevelopment Agency due to Agency's termination; disappointed with
removing the 4th of July fireworks celebration and hoped to have sponsors
who could assist financially with the event; and expressed preference in
utilizing the proposed funds for the Boys and Girls Club and the
Chamber of Commerce for supplemental services for the
Police Services Department.
■ Suggested revisiting the budget quarterly, in order to make adjustments
accordingly.
■ Need to look at any potential impacts from possible termination of the
Redevelopment Agency.
■ Stated that the City has been looking into possible ways to outsource, and
felt that the Chamber of Commerce is an example of outsourcing as they
provide information about the City to visitors and businesses that
otherwise would be provided by City staff, and it would not make sense to
reduce the budget for services already outsourced; important to recognize
new potential revenues with the new car dealerships, the Costco
expansion and the new hotels; and supported revisiting the budget
quarterly.
■ Felt that estimates in the proposed budget such as the potential transient
occupancy have been conservative, and the City Council has continuously
reduced the budget through the years; felt that the termination of the
Redevelopment Agencies is unknown at this time due to possible lawsuit;
stated that personnel costs are done through a bargaining process; City
already outsources many functions and will continue to look into new
potential outsourcing opportunities; and stated that the City has the
opportunity to increase the number of police deputies if needed.
Council Action: Moved by Council Member Freese, seconded by Council
Member Taylor, and carried 4-1 with Council Member Reeve opposed to adopt
Resolution 11-06-30-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING THE
FISCAL YEAR 2011112 OPERATING BUDGET AND AUTHORIZING
EXPENDITURES AND APPROPRIATIONS RELATED THERETO"; with
reductions presented by staff.
3 6/30/2011
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
2. RESOLUTION NO. 11-06-30-02 ADOPTED, ADOPTING APPROPRIATIONS
AND AUTHORIZING EXPENDITURES RELATED TO THE 2012-2018
CITY SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM"
Cynthia Russell, Chief Financial Officer, provided a staff report, and responded to
questions.
Mayor Allevato opened the public hearing and invited testimony.
Public Testimony:
• Steve Behmerwohld, City resident, wanted to confirm that the passive
permissive traffic light project was off the capital improvement program
budget.
Mayor Allevato closed the public hearing.
Council Action: Moved by Mayor pro tem Kramer, seconded by Council Member
Taylor, and carried 4-1 with Council Member Reeve opposed to adopt
RESOLUTION NO. 11-06-30-02 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO CALIFORNIA,
ADOPTING APPROPRIATIONS AND AUTHORIZING EXPENDITURES
RELATED TO THE 2012-2018 CITY SEVEN-YEAR CAPITAL IMPROVEMENT
PROGRAM".
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
CONSENT CALENDAR:
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Reeve and carried unanimously to approve consent calendar
items 1, 2, 6, 7 and 8 as recommended by staff, with
Council Member Reeve opposed to approve consent calendar item 5.
1. Motion to Read Ordinance by Title Only
2. SOUTH ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA) 2011-12
BUDGET, APPROVED; AND CITY'S SHARE OF $2,121,360 TO BE
ALLOCATED TO VARIOUS SOCWA ACCOUNTS AND FUNDED FROM
SEWER ENTERPRISE REVENUES, APPROVED (330.50)
3. FIRST AMENDMENT TO THE FIVE-YEAR LAW ENFORCEMENT SERVICES
AGREEMENT FOR FISCAL YEAR 2011-2012 WITH THE ORANGE COUNTY
SHERIFF'S DEPARTMENT, APPROVED (600.50)
4 6130/2011
Lt. John Meyer, Chief of Police Services, responded to questions.
Council Comments:
■ Expressed concern with the Sheriff's policy regarding the right to carry a
concealed weapon.
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried 4-1 with Council Member Reeve opposed to
approve First Amendment to the Five -Year Law Enforcement Services
Agreement for Fiscal Year 2011-2012 with the Orange County Sherriff's
Department.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
4. PERSONAL SERVICES AGREEMENT WITH SECURTEC DISTRICT PATROL,
INC TO PROVIDE PARKING ENFORCEMENT FOR THE OVERNIGHT
PARKING PERMIT PROGRAM, APPROVED (600.30)
Michael Cantor, Safety and Emergency Services Manager, responded to
questions.
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Kramer, and carried unanimously to approve a Personal Services
Agreement with Securtec District Patrol, Inc. for Parking Enforcement in the
Overnight Parking Permit city-wide in the amount of $99,072 from July 1, 2011 to
June 30, 2013.
5, COOPERATIVE AGREEMENT WITH PEPPERDINE UNIVERSITY FOR GANG
PREVENTION SERVICES IN THE AMOUNT OF $57,100 FROM JULY 1, 2011
TO JUNE 30, 2012, APPROVED (600.30)
ROLL CALL:
AYES COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER. None
6. RESOLUTION 11-06-30-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING 2011112 APPROPRIATION LIMITATION" (330.20)
7. 1ST AMENDMENT TO EMPLOYMENT AGREEMENT WITH MARIA MORRIS,
CITY CLERK, APPROVED (600.30)
8. RESOLUTION 11-06-30-04 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING THE CITY'S FUND BALANCE POLICY (330.50)
5 6/30/2011
SAN JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY (Refer to Agency
Minutes)
ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting
at 8:09 p.m. to Tuesday, July 5, 2011, at 5:00 p.m. for Closed Session and
6:00 p.m. for the public Business Session, in the Council Chamber; and then to
Wednesday, July 6, 2011, at 4:00 p.m. for a Closed Session meeting.
Approved: July 19, 2011
ATTEST:
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SA ALLEVATO, MAYOR
6 6/30/2011