11-0719_CC_Minutes_Regular MeetingMINUTES
July 19, 2011
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: None
BUSINESS SESSION:
Mayor Allevato called the Regular
City of San Juan Capistrano to. order
Mayor pro tem Kramer led the Pledge
gave the invocation. Sienna Brown,
"God Bless the IDSA".
ROLL CALL
Meeting of the City Council of the
at 6:07 p.m. in the City Council Chamber.
of Allegiance and Council Member Taylor
Marco Forster Middle School, performed
COUNCIL MEMBERS PRESENT: Derek Reeve, John Taylor, Mayor pro tem
Larry Kramer and Mayor Allevato
COUNCIL MEMBERS ABSENT: Council Member Freese
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were not necessarily heard in that order.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Meeting with Commission/Committee/Board Chairs.
• Attended car wash to benefit the City's adopted 1st Battalion, 11t�' Marine Regiment.
• Soft Grand Opening for Vito's Pizza Italian Ristorante.
• Viewed "Every Fifteen Minutes" video by San Juan Hills High School.
• Encouraged the public to visit and enjoy the recently enhanced
Northwest Open Space.
• Reported that The Ecology Center's 13 -foot water -jug sculpture "Juggie", will be
receiving the 2011 International Design Excellence Award by the
Industrial Designers Society of America in New Orleans.
• San Joaquin Hills Transportation Corridor meeting.
• Foothill/Eastern Transportation Corridor Agencies Operations and Finance Meeting.
• Meeting with HomeFront America Representatives.
• Meeting with Coast Soccer League Officials and Chair of Open Space, Trails and
Equestrian Commission.
• Meeting with Southern California Gas Company representatives.
• Mayor Allevato announced that the City of San Juan Capistrano and the Hunt Club
Community Association entered into a Settlement Agreement with Caltrans over the
Ortega Highway Widening Project.
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INTRODUCTIONS AND PRESENTATIONS
1. PRESENTATION BY CALTRANS REGARDING THE CAMINO CAPISTRANO
ON/OFF RAMP PROJECT (800.20)
Majid Javaherneshan, Caltrans, provided a PowerPoint presentation regarding the
Camino Capistrano On/Off Ramp Project, and responded to questions from the
City Council.
2. MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Steve Behmerwohld, Parks, Recreation and Senior Services
Commission; Jan Siegel, Cultural Heritage Commission; Kathy Hooper,
Open Space, Trails and Equestrian Commission; Jean Savage, Transportation
Commission; William Bonney, Housing Advisory Committee; Dan Merkel,
Utilities Commission; and Karl Seckel, Assistant General Manager for
Municipal Water District of Orange County.
ORAL. COMMUNICATIONS: City Council and Community Redevelopment Agency
• James Irvine Swinden, City resident, speaking on behalf of Joan Irvine Smith
announced the following 1) The Oaks donation of 250 oak trees to the
Orange County park systems; 2) The Irvine Museum's educational outreach
program for students and community members.
• Ian Smith, City resident, expressed the following concerns 1) new water bill format,
is hard to understand, lacks the City's logo and information pertaining to the
water rate increases; 2) water meters not read in a timely matter, and 3) lack of
notification from Caltrans regarding the Camino Capistrano on/off project. Mayor
Allevato clarified that Caltrans provided notification to resid ents adjacent to the
project; and stated that the City is taking measures to provide its residents with
information on construction projects through websites and press releases.
• Dusty Otero, City resident, stated that the City has a good utilities system; and felt
that Denny's Restaurant should be relocated to the old Sizzler's site due to the
1-5 Interchange project. Mayor Allevato clarified that the City is not responsible to
relocate any of the businesses affected with the 1-5 Interchange project.
• Thomas Whaling, City resident, stated that residents need to be informed and
educated on the emergency plan for the San Onofre Nuclear Plant, and be aware of
alternative electrical sources in case of any emergencies. Mayor Allevato stated that
the City should look into having a briefing/publication to residents on the matter.
CONSENT CALENDAR:
Council Action: Moved by Council Member Taylor, seconded by
Council Member Reeve and carried 4-1 with Council Member Freese absent to approve
consent calendar items 1, through 9, and 11, 12, and 13 as recommended by staff, with
Council Member Reeve opposed to approve consent calendar 8.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — SPECIAL MEETING OF JUNE 23, 2011
(JOINT CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY),
APPROVED
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3. CITY COUNCIL MINUTES — SPECIAL MEETING OF JUNE 29, 2011
(JOINT CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY),
APPROVED
4. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
JUNE 30, APPROVED
5. SAN JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY MINUTES —
SPECIAL MEETING OF JUNE 30, 2011, APPROVED
6. CITY COUNCIL MINUTES — REGULAR MEETING OF JULY 5, 2011,
APPROVED
7. CITY COUNCIL MINUTES -- SPECIAL MEETING OF JULY 6, 2011,
APPROVED
8. ACCOUNTS PAYABLE WARRANTS DATED JULY 1, 2011, IN THE TOTAL
AMOUNT OF $12,305,916.17; AND PAYROLL WARRANTS DATED
JULY 8, 2011, IN THE TOTAL AMOUNT OF $207,376.33,
RECEIVED AND FILED (300.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: Freese
9. STAFF AUTHORIZED TO PARTICIPATE IN THE US BANK VOYAGER FLEET
CARD PROGRAM; AND RESOLUTION NO. 11-07-19-01 ADOPTED ENTITLED
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE APPLICATION/AGREEMENT(S) OF THE STATE OF
CALIFORNIA'S CONTRACT WITH U.S. BANK VOYAGER FLEET SYSTEMS
INC. TO PROVIDE AN OFFSITE FLEET FUELING SYSTEM" (380.30)
10. PERSONAL SERVICES AGREEMENT WITH KEETON KREITZER
CONSULTING FOR PREPARATION OF AN INITIAL STUDY/MITIGATED
NEGATIVE DECLARATION FOR THE SAN JUAN CREEK ROAD WIDENING
PROJECT (600.30)
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Taylor, and carried 4-1 with Council Member Freese absent to
approve a Personal Services Agreement with Keeton Kreitzer Consulting for
preparation of an Initial Study/Mitigated Negative Declaration for the
San Juan Creek Road Widening Project for the total amount of $37,907.00.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Freese
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11. RESOLUTION NO. 11-07-19-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE
CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT
PARTNERSHIPS PROGRAM; AND IF SELECTED, THE EXECUTION OF A
STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND OF ANY
RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME
INVESTMENT PARTNERSHIPS PROGRAM; AND REVISIONS TO THE
OWNER -OCCUPIED REHABILITATION GUIDELINES, APPROVED (430.40)
12. MAYOR AUTHORIZED TO SIGN A LETTER TO THE PRESIDING JUDGE OF
THE ORANGE COUNTY GRAND JURY RESPONDING AND COMPLYING
WITH FINDINGS AND RECOMMENDATIONS OF THE COMPENSATION
STUDY OF ORANGE COUNTY CITIES (700.50)
13. STAFF DIRECTED TO CONTINUE WITH STATE AND FEDERAL ADVOCACY
SERVICES THROUGH AN EXTENSION OF THE CURRENT AGREEMENT
WITH TOWNSEND PUBLIC AFFAIRS, INC. AT A REDUCED RATE OF $5,000
PER MONTH FOR THE PERIOD OF AUGUST 1, 2011 -SEPTEMBER 30, 2011
000.30)
Public Correspondence:
• Christopher Townsend, Townsend Public Affairs, Inc., submitted a
memorandum dated July 14, 2011, outlining recent advocacy
accomplishments and identifying services for the months of July, August and
September 2011.
PUBLIC HEARINGS:
1. RESOLUTION NO. 11-07-19-03 ADOPTED ADOPTING THE 2010 URBAN
WATER MANAGEMENT PLAN UPDATE EFFECTIVE JULY 19, 2011
Joe Mankawich, Associate Engineer, provided a staff report and responded to
questions. Michael Hurley, Malcolm Pirnie, Inc., provided a PowerPoint
presentation and responded to questions. West Curry, Assistant Utilities Director
and Cindy Russell, Chief Financial Officer/Treasurer, responded to questions.
Mayor Allevato opened the public hearing and invited testimony.
Public Testimony:
• Karl Seckel, Municipal Water District of Orange County, spoke in support of
the 2010 Urban Water Management Plan Update and responded to
questions from the City Council
• Richard Gardner, Capistrano Beach resident, felt it was important to have a
water reliability study update; and believed in other opportunities that should
be studied.
• Alberto Barrera, City resident, wanted to Know if the City has future plans to
look into atmosphere water capture as a possible source for irrigation.
Mayor pro tem Kramer stated that recharge in the basins has been
considered.
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Mayor Allevato closed the public hearing.
Council Comments:
• Felt that water rate increases are inevitable due to increases in the cost to
import water and in the debt to improve infrastructure; and stated that water
rates can be held down once the Groundwater Recovery Plant increases its
capacity.
Council Action: Moved by Council Member Reeve, seconded by
Mayor Allevato, and carried 4-1 with Council Member Freese absent to adopt
RESOLUTION NO. 11-07-19-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING THE 2010 URBAN WATER MANAGEMENT PLAN
UPDATE EFFECTIVE JULY 19, 2011"
AYES:
COUNCIL MEMBER:
NOES:
COUNCIL MEMBER:
ABSENT:
COUNCIL MEMBER:
Reeve, Taylor, Kramer and Mayor Allevato
None
Freese
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS: None
ORDINANCES: None
COUNCILMANIC ITEMS:
1. DISCUSSION REGARDING REVISING MUNICIPAL CODE RELATED TO THE
RIGHT TO BEAR ARMS AND FISH IN CITY PARKS (585.10)
Council Member Reeve presented his report supporting revisions to the
Municipal Code to allow "open carry" of firearms in City parks in order to prevent
conflict with State and Federal laws.
Public Correspondence:
• Council Member Freese submitted a letter on July 19, 2011, expressing her
opposition in allowing weapons in City parks.
• Charles L. Blek, Chapter Co -President and Mary Leigh Blek, Chapter Co.
President, Orange County Chapter — Brady Campaign To Prevent Gun
Violence, submitted a letter dated July 8, 2011, requesting the City Council
not to take any action to alter current policy of no guns in City parks.
• Danielle Nava, President, Violence Prevention Coalition of Orange County,
submitted a letter dated July 8, 2011, asking the City Council not to change
"no gun" policy in City parks.
• Mike Munzing, submitted an e-mail on July 8, 2011, supporting the proposal
to bear arms in parks.
• Alwin Roe, submitted an email on July 18, 2011, supporting the proposed
"open carry" of firearms in City parks.
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• Dudley Brown, submitted correspondence on July 14, 2011, providing
information in support of right -to -carry of weapons.
• Ruth A. Clark, Capistrano Beach resident, submitted a letter on
July 19, 2011, in opposition to allow "open carry" of weapons in City Parks.
• David LaTour, submitted an e-mail on July 18, 2011, supporting the right to
carry unloaded firearms in City Parks.
• Dave R. Duringer, submitted an e-mail on July 18, 2011, supporting "open
carry" of firearms in public parks.
The following individuals spoke in opposition of permitting "open carry" of
firearms in City Parks: Mary Leigh Blek and Charles Blek, Brady Campaign To
Prevent Gun Violence (submitted a handout); Kathy Hooper, Parks, Recreation
and Seniors Commission; Thomas Whaling, City resident; Steve Behmerwohld,
City resident; and Larry Thomas, Independence Bank.
The following individuals spoke in support of permitting "open carry" of
firearms in City Parks: Adrian Saavedra, Huntington Beach resident; David R.
Duringer, Ladera Ranch resident; Vincent Burke, Lake Forest resident; and
Orrie Brown, City resident.
Council Comments:
• Stated that there was no room for guns, knives or daggers in City parks
where children and visitors are present; and felt that the City should be
concentrating in higher priorities such as economic issues.
• Felt that the City should focus on issues of greater importance; stated that
there is a time and place for weapons, and that the current park regulations
prohibiting weapons are appropriate; felt that the City has the legal right to
control what occurs in City parks; and felt that allowing weapons in
City parks would create a reputation that would have a negative financial
impact to the City.
• Stated that the City has the right to ban weapons in City parks, just like it can
ban skateboarding and smoking; felt that most of the community agrees that
weapons should not be permitted in City parks; and expressed preference in
not using City resources to further pursue the proposed revisions to the
Municipal Code, as there are higher issues of importance facing the City at
this time.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Taylor, and carried 3-1-1 with Council Member Reeve opposed
and Council Member Freese absent not to further pursue revisions to the
Municipal Code related to allowing fishing or "open carry„ of
firearms in City parks.
AYES: COUNCIL MEMBER: Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: Freese
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2. REVIEW OF THE LEAGUE OF CALIFORNIA CITIES — ORANGE COUNTY
DIVISION DRAFT BYLAW AMENDMENTS (140.20)
Public Comments:
• Tony Cardenas, League of California Cities — Orange County Division,
provided information regarding the proposed amendments to the Bylaw and
responded to questions from the City Council.
Council Comments:
• Not in favor of the proposed bylaw revision to Section B (purpose and
function No. 4) "To advocate the policies and positions of the Orange County
Division in matters of local interest, which are not in conflict with the State
League's polices and principles", as it was too strong of a statement.
ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting
at 9:31 p.m. to Tuesday, August 2, 2011, at 5:00 p.m. for Closed Session and
6:00 p.m.,for the public Business Session, in the Council Chamber.
ly submitted,
RRIS, CI[fY\CLERK
Approved: August 2, 2011
ATTEST:
SAM ALLEVATO, MAYOR
i"
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