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