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11-0802_CC_Minutes_Regular MeetingMINUTES August 2, 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 6:04 p.m. in the City Council Chamber. Council Member Taylor led the Pledge of Allegiance and Council Member Freese gave the invocation. Casey Conley, Capistrano Valley Christian School, performed "Star Spangled Banner". 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. CITY COUNCIL REPORTS ON OUTSIDE AGENCIES: • Attended the VIP Night — "The Night Before the Orange County Fair Opened". • League of California Cities — Orange County Division meeting. • California Joint Powers Insurance Authority meeting. • Attended the Marine 1/1'1 Battalion Adoption Committee meeting. • Announced the upcoming fundraiser event for the Marine 1111 Battalion "Mess Night". • Attended Council Member's Reeve wedding. INTRODUCTIONS AND PRESENTATIONS 1. JAN SIEGEL RECOGNIZED AS THE 2011 COMMUNITY SERVICE LEADER OF THE YEAR (610.40) Mayor pro tem Kramer recognized Jan Siegel for her contributions to the community, and presented her with the Mayor's Award for 2011 Community Service Leader of the Year. 2. RECOGNITION OF USA 75 FOR ITS WORLD CHAMPION VICTORY (610.40) Mayor pro tem Kramer recognized USA 75 for winning its tournament at the World Games in Brazil, and presented them with Certificates of Recognition. I 3. TRANSIT STUDY UPDATE PRESENTATION FROM ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (800.40) Gordon Robinson, Orange County Transportation Authority, provided a Transit Study Update presentation, and responded to questions from the City Council. Council Comments: Felt that cutting public services, such as public transportation, was inappropriate especially during tough economic times. 4. COUNCIL MEMBER FREESE INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Steve Behmerwohld, and Ron Denman, Parks, Recreation and Senior Services Commission; Jan Siegel and Don Tryon, Cultural Heritage Commission; Ilse Byrnes, Open Space, Trails and Equestrian Commission; Jean Savage, Transportation Commission; William Bonney, Housing Advisory Committee; Alberto Barrera, Youth Advisory Board; Marta Kin, Associated Senior Action Program (ASAP); Dorthea Love, League of Women Voters; Orange County Fire Authority Division Chief, Rick Robinson; and Stephanie Frisch, Chamber of Commerce President. ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency • Dennis Penman, City resident, expressed concern with the 1-5 Freeway Soundwall Project negative impacts to the Capistrano Home Center; and provided a petition from the affected businesses. Nasser Abbaszadeh, Public Works Director, clarified that it is a Caltrans and Orange County Transportation Authority (OCTA) project, provided project information and offered to meet with Mr. Penman. • Kim McCarthy, City resident, provided a handout and suggested to revise code enforcement policies; implement new ordinances to address overcrowding; and, requested adding a crime prevention officer. • Nancy Meraz, City resident, asked for support to start a non-profit organization that would provide animal control enforcement services in the city. Karen P. Brust, City Manager, offered to contact Ms. Meraz. • Jim Vance, City resident, provided a handout and spoke regarding bankruptcy issues involving Capistrano Terrace Mobilehome Park. • Ian Smith, City resident, expressed concern with road conditions on San Juan Creek Road and Camino Lacouague; and robberies occurring at downtown stores. • Sheri Merkle, City resident, speaking on behalf of Joan Irvine Smith, announced the following 1) requested support for fire. and law enforcement 2) offered art work from the Irvine Museum to be displayed in City Hall; and provided a handout of sample paintings. • Bill Cottle, Capistrano Home Center businesses owner, expressed concern with the 1-5 Freeway Soundwall Project; and suggested new signage for the center in order to have more visibility. • Jim Carter, American Horse Products, expressed concern with the 1-5 Freeway Soundwall Project; and suggested a" new sign for the center. Council Member Reeve requested staff' to copy the City Council on any correspondence/information that is provided to the Capistrano Home Center Business owners on this matter. 2 8/2/2011 CONSENT CALENDAR: Council Action: Moved by Council Member Freese, seconded by Council Member Taylor and carried 4-1 with Mayor Allevato absent to approve consent calendar items 1, through 8, 10 and 12 as recommended by staff, with Council Member Freese abstained from consent calendar 2; Council Member Reeve opposed to approve consent calendar 3; and Council Member Taylor abstained from consent calendar 3. Motion to Read Ordinance by Title Only 2, CITY COUNCIL MINUTES — REGULAR MEETING OF JULY 19, 2011, APPROVED Z0]1W41_110 AYES: COUNCIL MEMBER NOES: COUNCIL MEMBER ABSENT: COUNCIL MEMBER ABSTAINED: COUNCIL MEMBER Reeve, Taylor and Mayor pro tem Kramer None Mayor Allevato Freese 3. ACCOUNTS PAYABLE WARRANTS DATED JULY 15, 2011, IN THE TOTAL AMOUNT OF $1,289,809.45; AND PAYROLL WARRANTS DATED JULY 22, 2011, IN THE TOTAL AMOUNT OF $172,405.87, RECEIVED AND FILED (300.30) AYES: COUNCIL MEMBER: NOES: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: ABSTAINED: COUNCIL MEMBER: Freese, and Mayor pro tem Kramer Reeve Mayor Allevato Taylor 4. REPORT OF INVESTMENTS — MAY 2011, RECEIVED AND FILED (350.30) 5. CLAIM OF STEVE AND PATRICIA COHON DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) 6. NEW DEVELOPMENT APPLICATIONS STATUS REPORT — FROM JUNE 16, 2011, THROUGH JULY 15, 2011, RECEIVED AND FILED (440.10) 7. COOPERATIVE AGREEMENTS WITH CALTRANS TO RECEIVE $100,000 FROM CALTRANS FOR PLACEMENT OF TREATMENT SYSTEMS INTO THE CITY CACH BASINS NEAR CAPISTRANO ON/OFF RAMPS; AND TRANSFER $2.5M ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) GRANT TO CALTRANS FOR THE DESIGN PHASE OF ORTEGA AND 1-5 INTERCHANGE PROJECT, APPROVED, AN AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT (600.50) 3 8/2/2011 8. CONTRACT FOR THE PAVEMENT REHABILITATION IMPROVEMENT PLANS PROJECT AWARDED TO ALL AMERICAN ASPHALT, IN THE AMOUNT OF $997,286.00, AND ALL OTHER BIDDERS REJECTED; AND FUNDS OF $295,000 INCLUDED IN THE FY 2011/12 CAPITAL IMPROVEMENT PROGRAM FOR CIP 11108 TO BE RETURNED TO THE SYSTEM DEVELOPMENT FUND BALANCE (600.30) 9. PARTICIPATION IN THE MUNICIPAL. WATER DISTRICT OF ORANGE COUNTY'S (MWDOC) SCHOOL EDUCATION PROGRAM, APPROVED (600.50) Council Action: Moved by Council Member Taylor, seconded by Council Member Freese, and carried 3-1-1 with Council Member Reeve opposed and Mayor Allevato absent to approve participation in the Municipal Water District of Orange County's (MWDOC) School Education Program. 10. LICENSE AGREEMENT EXTENSION WITH REINER W. METZ FOR CONTINUED ACCESS, MAINTENANCE AND OPERATION OF A TEMPORARY PUMPING STATION ON THE METZ PROPERTY, APPROVED; AND STAFF AUTHORIZED TO REMIT PAYMENT FOR MONTHS JANUARY THROUGH JUNE OF 2011 CONSISTENT WITH THE TERMS OF THE PREVIOUS AGREEMENT (600.30) 11. MAYOR AUTHORIZED TO SIGN A SUPPORT LETTER TO SUPERVISOR BATES FOR THE TRI -CITY TROLLEY PROGRAM BY THE CITIES OF SAN JUAN CAPISTRANO, DANA POINT, AND SAN CLEMENTE (940.60) Nasser Abbaszadeh, Public Works Director, responded to questions. Public Comments: • Richard Gardner, Capistrano Beach resident, felt that there are many people who depend on public transportation; and suggested working with nearby hotels to shuttle visitors/tourists to the City instead of using public funds for a Tri -City Trolley. • Marta Kin, City resident, felt that public transportation should be very important to the City due to the growing population, and tourism. Council Comments: Supported the letter, but would like to add the following: "The proposed service cuts/reductions are not acceptable to the City of San Juan Capistrano, especially at this time when more and more people are dependent on public transportation." Supported the letter for now, but need to seriously consider in the future maintaining at least one of the bus routes, preferably the 91 Route.. 4 8/2/2011 Council Action: Moved by Council Member Freese , seconded by Mayor pro tem Kramer, and carried 4-1 with Mayor Allevato absent to authorize the Mayor to sign a support letter to Supervisor Bates for the Tri -City Trolley Program by the Cities of San Juan Capistrano, Dana Point, and San Clemente, adding the following language: The proposed service cuts/reductions are not acceptable to the City of San Juan Capistrano, especially at this time when more and more people are de endent on public transportation. ���]llll�rLl� AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor pro tem Kramer NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Mayor Allevato 12. RESOLUTION NO. 11-08-02-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING THE PROPERTY TAX RATE FOR BONDED INDEBTEDNESS (OPEN SPACE MEASURE D-1990) FOR FISCAL YEAR 2011/12"; AND RESOLUTION NO. 11-08-02-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING THE PROPERTY TAX RATE FOR BONDED INDEBTEDNESS (OPEN SPACE MEASURE Y-2008) FOR FISCAL YEAR 2011/12"; AND CITY CLERK DIRECTED TO FORWARD CERTIFIED COPIES OF THE RESOLUTIONS TO THE ORANGE COUNTY ASSESSOR AND AUDITOR/CONTROLLER OFFICES FOR INCLUSION ON THE 201112012 TAX ROLLS (390.80) PUBLIC HEARINGS: RESOLUTION NO. 11-08-02-03 ADOPTED CONFIRMING THE COST REPORT FOR THE 2011 WEED ABATEMENT_ PROGRAM IN THE CITY OF SAN JUAN CAPISTRANO (540.70) Jill Thomas, Senior Management Analyst, provided a staff report and responded to questions. Mayor pro tem Kramer opened the public hearing and invited testimony. No public testimony was provided. Mayor pro tem Kramer closed the public hearing. Council Action: Moved by Council Member Reeve, seconded by Council Member Taylor, and carried 4-1 with Mayor Allevato absent to adopt RESOLUTION NO. 11-08-02-03 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR THE 2011 WEED ABATEMENT PROGRAM IN THE CITY OF SAN JUAN CAPISTRANO" and authorized the Orange County Auditor -Controller's office to include the assessments of weed abatement costs on the property tax roil. 5 8!2/2011 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. CITY ATTORNEY a. RESPONSE REGARDING A CITIZEN'S REQUEST FOR REFUND OF WATER CHARGES RELATED TO NON -ISSUED BONDS (1050.20) Omar Sandoval, City Attorney, provided a staff report and responded to questions. Ann T. Bui, Black & Veatch, responded to questions. Public Comments: • John Perry, City resident, felt that the February 2010 water rate increase is in violation of Proposition 218, due to an $18 million bond for sale for expansion of the water facilities that did not take place; and provided a handout to the City Council. • Ian Smith, City resident, expressed disagreement with the information provided in the staff report, and asked that the City Council seek a second legal. opinion. • Geoff Von Muff, City resident, expressed concern with increased water bills regardless of his low unit usage and water conservation efforts. Council Comments: • Would like the City Council to be provided with a water rate comparison with nearby cities. • Expressed primary concern of possible litigation; therefore, suggested that the City Council seek a second legal opinion, from an outside legal firm that specializes in municipal law/utilities. • Did not support a second opinion, as Black & Veatch has provided a second opinion. Council Action: Moved by Council Member Reeve, seconded by Council Member Freese, and carried 3-1-1 with Mayor Allevato absent and Mayor pro tem Kramer opposed to continue the matter in order to conduct a second legal opinion, in an amount not to exceed $5,000. AYES: COUNCIL MEMBER: Freese, Reeve and Taylor NOES: COUNCIL MEMBER: Mayor pro tem Kramer ABSENT: COUNCIL MEMBER: Mayor Allevato 6 812/2011 G2. CITY MANAGER ASSEMBLY BILL X1 27 OPTION PREFERRED (RE-ESTABLISHING THE REDEVELOPMENT AGENCY THROUGH THE VOLUNTARY PROGRAM ACT); AND STAFF DIRECTED TO PREPARE APPROPRIATE ADDITIONAL INFORMATION AND/OR DOCUMENTS RELATED TO THE PREFERRED OPTION FOR THE AUGUST 11, 2011 SPECIAL MEETING (400.80) Council Member Taylor recused himself and left the Council Chamber due to proximity of numerous Redevelopment Agency properties to his residence. Cindy Russell, Chief Financial Officer/Treasurer, narrated a slide presentation and responded to questions. Omar Sandoval, City Attorney, and Tom Clark, Agency Counsel, responded to questions. Public Comments: ■ Tony Brown, City resident, felt that questionable decisions have occurred through the years through the Redevelopment Agency; felt that the City has sufficient affordable housing units; felt that redevelopment of the downtown is possible by private investment, as long as it is kept clean, attractive and safe; and suggested terminating the Agency. ■ Clint Worthington, City resident, felt that properties in jeopardy are already zoned properly and would have to go through the City's process in order to be re -zoned, and supported them to be sold on the open and free market. Council Comments: ■ Stated that Redevelopment Agencies do need an overhaul, but can provide benefits when used wisely; and supported re-establishing the agency through the Voluntary Program in order to protect property assets, and stay in control as much as possible. Felt that not all control would be lost, as the City has zoning ordinances; felt that parks would be transferred to the City, and other properties would be sold, as previously planned and providing possible flax revenue to the city; and felt there was too many unknowns at this time like a possible statewide referendum; not concerned with subsidized housing issues; and felt that cities that do not have a redevelopment agency are better served. ■ Felt there was more disadvantages in dissolving the Redevelopment Agency; and expressed preference in maintaining local control, and the revenue from sale of assets, and continue moving forward with a number.of anticipated projects. Council Action: Moved by Council Member Freese, seconded by Mayor pro tem Kramer, and carried 2-1 -1 -1 with. Council Member Taylor recused, Mayor Allevato absent, and Council Member Reeve opposed to comply with Assembly Bill X1 27 as the preferred option (Re -Establishing the Redevelopment Agency through the Voluntary Program Act); and staff directed to prepare appropriate additional information and/or documents related to the preferred option for the August 11, 2011, special meeting. 7 8/2/2011 ROLL CALL.: AYES: COUNCIL. MEMBER: Freese and Mayor pro tem Kramer NOES: COUNCIL MEMBER: Reeve RECUSED: COUNCIL MEMBER: Taylor ABSENT.- COUNCIL MEMBER: Mayor Allevato ORDINANCES: None COUNCIL.MANIC ITEMS: None ADJOURNMENT: There be' g no further business Mayor pro tem Kramer adjourned the meeting at; : 4 to Tuesday, August 16, 2011, at 5:00 p.m. for Closed Session and 6:QOt. f r the public Business Session, in the Council Chamber. submitted, CIT!r\CLERK Approved: August 16, 2011 ATTEST: ea AM ALLE A O, MAYOR 8 812!2011