11-0705_CC_Minutes_Regular MeetingMINUTES
July 5, 2011
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Allevato called the Regular Meeting of the City . Council to order at
5:05 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(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(b), the City Council conferred with
legal counsel pertaining to one potential item of significant exposure to litigation
regarding the claim for damages brought by Centra Realty pertaining to the
purchase of Marbella Lot 217.
c. Pursuant to Government Code Section 54956.9(a), the City Council conferred with
legal counsel pertaining to existing litigation in the matter of Marbella Development
Company 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 Dept. of Transportation (Caltrans).
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:19 p.m. in the City Council Chamber.
Mayor pro tem Kramer led the Pledge of Allegiance and gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor,
Mayor pro tem Larry Kramer and Mayor Allevato
COUNCIL MEMBERS ABSENT: None
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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: None
CITY C
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• 4t' of July Celebration; thanked City staff for a great event.
• Wall of Recognition Ceremony.
• Thanked the 50tH Year Anniversary Committee for donating $5,000 for the 4th of
July Celebration.
• Northwest Open Space Dedication; thanked the Open Space Foundation for
all their work.
• Request to recognize Monaco Jewelry for their valued business at future meeting.
• Announced upcoming Council meeting discussions regarding an ordinance
authorizing `open carry" unloaded firearms, and fishing at City creeks; and an
ordinance that mandates E -Verify as a condition to obtain a City business license.
• Joint Powers Authority (JPIA) meeting. -
• Graduation attendance for San Juan Hills High School 1st Graduating Class.
• Grand Opening of Costco's Gas Station.
• Budget Workshops.
• Auditing -Finance Ad -Hoc Committee meeting.
• Meeting with the San Juan Capistrano Equestrian Coalition.
INTRODUCTIONS AND PRESENTATIONS
1. JULY 2011 PROCLAIMED AS PARKS AND RECREATION MONTH (610.40)
Mayor Allevato proclaimed July 2011 as Parks and Recreation Month.
2. MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Steve Behmerwohld, Parks, Recreation and Senior Services
Commission; Gerald Muir, Parks, Recreation and Senior Services Commission
and Youth Advisory Board; Jan Siegel, Cultural Heritage Commission; and
Ilse Byrnes, Open Space, Trails and Equestrian Commission.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
• The following individuals submitted Oral Communication correspondence expressing
concern with traffic violations on Camino La Ronda, and appreciation for recent
traffic enforcement by Police Services: Diane Dokos, City resident; Roxane Gallo,
City Resident; J. McCoy, City resident; and an anonymous correspondence.
• Joan Irvine Smith, City resident, submitted a letter and spoke regarding
law enforcement, traffic management, and the Ortega Highway Widening project.
• Diane Dokos, City resident, expressed concern with speeding cars on Camino
La Ronda; thanked Police Services for providing traffic enforcement at Los Corrales,
and hoped for Police Services to continue patrolling the area.
• Levi Molnar, City resident, thanked Police Services for making Camino La Ronda
safer by patrolling the area; and submitted a letter to the City Council.
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• Steve Norris, City resident, provided a handout to the City Council with his
observation regarding pedestrian safety concerns along Camino La Ronda, from
La Novia Avenue through Paseo Establo; and asked the Council to continue
providing police traffic enforcement in the area.
• Dick Wilson, City resident, thanked Police Services for their services in providing
traffic enforcement in the Camino La Ronda area, as they're faced with speeding
cars who don't follow traffic signs.
• Travis Engel, City resident, asked for support from the City Council concerning a
Bike Park proposal, and expressed their need for assistance in securing a location.
• Jan Siegel, City resident, expressed concern with smoking in City Parks, and asked
that the City Council agendize the matter at a future meeting. Mayor Allevato stated
that the matter should be looked into.
• Ilse Byrnes, City Resident, asked that the City Council look into prohibiting smoking
in City Parks.
• Bob Cardoza, City resident, welcomed new City Manager; thanked staff for all the
support provided to Commissions/Committees/Boards; and felt it would be helpful to
increase the City's public outreach to the residents by providing more information
regarding ongoing projects.
• Clint Worthington, City resident, welcomed new City Manager; and suggested saving
tax payer's funds by the City Council cancelling their health insurance and reducing
the number of staff members who have access to the City Attorney's time.
CONSENT CALENDAR:
Council Action: Moved by Council Member Kramer, seconded by
Council Member Taylor and carried unanimously to approve consent calendar items 1,
2, 3, 6, 7, and 8 as recommended by staff, with Council Member Taylor abstained to
approve consent calendar items 4; and Council Member Reeve opposed to approve
consent calendar 4 and 5.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — REGULAR MEETING OF
JUNE 21, APPROVED
3, SEWER MAINTENANCE DISTRICT NO. 1 — REGULAR MEETING OF
JUNE 21, APPROVED
4. ACCOUNTS PAYABLE WARRANTS DATED JUNE 17, 2011, IN THE TOTAL
AMOUNT OF $800,258.87; AND PAYROLL WARRANTS DATED
JUNE 24, 2011, IN THE TOTAL AMOUNT OF $213,786.99,
RECEIVED AND FILED (300.30)
ROLL CALL:
AYES: COUNCIL MEMBER:
Freese, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER:
Reeve
ABSENT: COUNCIL MEMBER:
None
ABSTAINED: COUNCIL MEMBER:
Taylor
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5. CLAIM OF STANLEY DAVIS DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL. MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
6. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — FROM MAY 16,
2011 THROUGH JUNE 15, 2011, RECEIVED AND FILED (440.10)
7. VACANCY DECLARED ON THE HOUSING ADVISORY COMMITTEE; AND
CITY CLERK DIRECTED TO SOLICIT APPLICATIONS TO FILL THE
VACANCY, TERM ENDING JANUARY 31, 2013 (110.20)
8. RESOLUTION NO. 11-07-05-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED IN ACCORDANCE
WITH PLANS AND SPECIFICATIONS FOR PAVEMENT REHABILITATION
IMPROVEMENT PLANS ESPL 5372 (012)(COPP CONTRACTING, INC.)(CIP
NO. 07105); CITY CLERK DIRECTED TO PROCESS RECORDING OF
NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE
RETENTION IN THE AMOUNT OF $132,478.45, THIRTY-FIVE DAYS AFTER
RECORDATION (COPP CONTRACTING, INC.) (600.30)
9. AGREEMENT WITH SAN JUAN CAPISTRANO CHAMBER OF COMMERCE
FOR VISITOR INFORMATION SERVICES FOR FY 2011-2012, APPROVED
(600.30)
Public Comments:
■ Mark Bodenhamer, Chamber of Commerce, thanked the City for partnership
and announced their upcoming new tourist website (provided a handout);
shifting focus from beaches, theme parks and shopping to cultural heritage
tourism; and their continuous effort to find a better location for their
visitor center.
Council Comments:
■ Stated that the Chamber of Commerce provides outsource services to the
City by providing information to interested visitors, and potential businesses;
expressed preference in removing the reference of a breakfast or luncheon
choice for the State of the City event under Section 3 of the agreement; felt
that the Chamber of Commerce takes on a role in economic development;
and preference in having the visitor center in downtown.
■ Stated that the Chamber of Commerce hosts great events, programs and
fundraisers; would like for them to have an incentive program to retain and
bring new business to town.
■ Expressed support for the Chamber of Commerce, but felt it was not
appropriate to fund $25,000 at this time; and voiced concerns with
appearances and the link between City government and this private
organization, as it might question their position's sincerity on City issues.
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■ Supported assisting the Chamber of Commerce financially; felt that
public/private partnership are appropriate and a good way to combine
resources; felt that the Chamber of Commerce has the right to voice their
opinion as long as is done properly through their board of directors;
and valued their knowledge and input on matters that affect the
business community in town.
Council Action: Moved by Council Member Freese, seconded by
Council Member Council Member Taylor, and carried 4-1 with Council Member
Reeve opposed to approve an Agreement with San Juan Capistrano Chamber of
Commerce for visitor information services for FY 2011-12; and removing in
Section 3 — State of the City event the reference to a breakfast or luncheon.
ROLL CALL:
AYES: COUNCIL MEMBER
NOES: COUNCIL MEMBER
ABSENT: COUNCIL MEMBER
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
10. RELEASE OF THE REQUEST FOR PROPOSALS (RFP) FOR MANAGEMENT
AND OPERATIONS AUDIT OF THE UTILITIES ENTERPRISES (WATER AND
SEWER), APPROVED (600.30)
Omar Sandoval, City Attorney, responded to questions.
Public Comments:
■ Jim Reardon, City resident, stated that there was a lot of compromise among
the Committee members; felt that the budgeted amount to conduct the audit
is adequate and if needed the Committee will work lto further narrow the
Scope of Work; and felt that going back for a period of time was necessary.
Council Comments
■ Expressed concern with budgeted amount not being sufficient to cover the
cost of the proposed Scope of Work, as it looks too broad; questioned the
need to analyze financial documents that date back eight (8) years; not in
favor to pay a consultant to provide information that is already known; and
expressed preference in narrowing the Scope of Work further.
■ Stated that the Auditing -Finance Ad -Hoc Committee will need to be
responsible in keeping the cost of the audit to the budgeted $45,000 cap.
■ Stated that firms will have the opportunity to have questions or express any
concerns with the Scope of Work at pre -proposal conference.
Council Action: Moved by Council Member Freese, seconded by
Council Member Reeve, and carried 4-1 with Mayor pro tem Kramer opposed to
approve the release of the Request for Proposals (RFP) for Management and
Operations Audit of the Utilities Enterprises (Water and Sewer); and allow the
Auditing -Finance Ad -Hoc Committee to make adjustments to the Scope of Work
in order to stay within budget.
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ROLL CALL
AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor Allevato
NOES: COUNCIL MEMBER: Mayor pro tem Kramer
ABSENT: COUNCIL MEMBER: None
11. CONSIDERATION OF ESTABLISHING 201112012 APPROPRIATION
LIMITATIONS — ITEM PULLED FROM THE AGENDA (330.20)
PUBLIC HEARINGS: None
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. DEVELOPMENT SERVICES
a. CONSIDERATION OF RESEARCH ON EXEMPTING CITY -OWNED
PROPERTIES FROM CITY CODES, POLICIES, FEES AND/OR
PROCEDURES) — CONTINUED TO A FUTURE MEETING (670.60/260. 10)
ORDINANCES:
1. ORDINANCE NO. 988: ADOPTED APPROVING A DEVELOPMENT AGREEMENT
FOR THE PLAZA BANDERAS HOTEL PROJECT (ASSESSOR PARCEL
NUMBERS 124170-12, 14, 1 & 16) (STROSCHER G3, LLC) (600.30)
Maria Morris, City Clerk, provided a staff report and read the title of the ordinance.
Grant Taylor, Development Services Director, stated that that a Notice of Exemption
will be filed to comply with California Environmental Quality Act (CEQA).
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tem Kramer, and carried 4-1 with Council Member Reeve opposed to
adopt Ordinance 988 entitled "AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT
FOR THE PLAZA BANDERAS HOTEL PROJECT".
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
COUNCILMANIC ITEMS:
1. ANNUAL APPOINTMENTS TO THE YOUTH ADVISORY BOARD, APPROVED
(110.20)
Maria Morris, City Clerk, provided a staff report. Cynthia Alexander, Community
Services Director, responded to questions.
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Public Comment:
Gerald Muir, Adult Advisor to the Youth Advisory Board, stated that this year
applications were not received from all schools, and should look into other
ways to promote within the schools; and suggested looking into having
alternates and increase the membership to include exchange students.
Albert Barrera, Youth Advisory Board, would like to see the Youth Advisory
Board have more interaction with the City Council and increased involvement
with City issues rather than just planning youth events.
Council Comment:
• Would like to see more schools represented in the Youth Advisory Board, and
suggested that the Board look into a better process for membership selection;
and suggested encouraging schools to have elections to vote for a
representative to the Board, and rest of membership be at large and selected
by the Adult Advisors.
■ Important to involve the Youth Advisory Board in making recommendations to
the City Council in matters related to impacts to the City's youth, such as
activities that meet the youth needs for the open space, etc.
■ Suggested that the Youth Advisory Board take initiative in bringing issues up
to the City Council for consideration.
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried unanimously, to approve appointments to
the Youth Advisory Board, term ending August 31, 2012, as follows: Alberto
Barrera, San Juan Hills High School; Erica Delamare, Mission Parish School;
Alexis D'Epagnier, San Juan Hills High School; Hope Frisch, San Juan Hills High
School; Nathan Goodman, Santa Margarita Catholic High School; Janelle Jenke,
San Juan Hills High School; Katie Jenner, J Serra High School; Jameson
Johnson, San Juan Hills High School; Harley Olvera, St. Margaret's Episcopal
High School; Zachary Ramsey, J Serra High School; Bradley Reyes, Dana Hills
High School; Kathleen Ryan, Dana Hills High School; Kallin Zehren, J Serra High
School; Anam Sadruddoin, St. Margaret's Episcopal High School; Ryan St.
Onge, San Juan Hills High School; Nicole Winn, J Serra High School; and Gerald
Muir and Gerardo Ruiz, appointed as the Adult Advisors.
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ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting
at 8:46 p.m. to Wednesday, July 6, 2011, at 4:00 p.m. for a Special Closed Session
meeting; and then to Tuesday, July 19, 2011, at 5:00 p.m. for Closed Session and
6:00 p.m. for the public Business Session, in the Council Chamber.
submitted,
MAR.IMMORRIS, CITY VLERK
Approved: July 19, 2011
ATTEST:
AWAL EVATO, MAYOR
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