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12-0221_CC_Minutes_Regular MeetingMINUTES FEBRUARY 21, 2012 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Mayor Kramer called the Regular Meeting of the City Council to order at 5:02 p.m. in the City Council Chamber. ROLL CALL COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, Sam Allevato, Mayor pro tem John Taylor and Mayor Kramer 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(a), the City Council conferred with legal counsel pertaining to existing litigation in the matter of SJ Lot 217 vs. City of San Juan Capistrano. b. Pursuant to Government Code Section 54956.9(a), the City Council conferred with legal counsel pertaining to existing litigation in the matter of Cachia vs. City of San Juan Capistrano. C. Pursuant to Government Code Section 54957, the City Council conducted a performance evaluation of the City Attorney. BUSINESS SESSION: Mayor Kramer called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 6:28 p.m. in the City Council Chamber. Mayor pro tem Taylor led the Pledge of Allegiance and Council Member Reeve gave the invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, Sam Allevato, Mayor pro tem Taylor and Mayor Kramer 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. ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None 1 CITY COUNCIL REPORTS ON OUTSIDE AGENCIES: • Ribbon Cutting Ceremony for the Marriott Residency Hotel. • City Council and City Manager Retreat. • Water related meetings. • 50th Year Anniversary Committee meeting. • City Council meeting regarding Comprehensive Audit and Financial Report on City Finances. • Ribbon Cutting Ceremony for new corral at the San Juan Hills Golf Corse. • Open Space Tour with Open Space Foundation. • Meeting with Reed Royalty, Orange County Taxpayers Association. • Transportation Corridors Agency meeting. • Foothill/Eastern Transportation Corridor Agency meeting. INTRODUCTIONS AND PRESENTATIONS: 1. MOTHERS AGAINST DRUNK DRIVING (MADD) RECOGNIZED DEPUTIES KASEY MARSHALL AND BILL SIMANDL (610.40) Kris Meyers, representing Mothers Against Drunk Driving (MADD), recognized and presented Awards to Deputies Kasey Marshall and Bill Simandl for excelling in the apprehension of drunk drivers. 2. DON TRYON RECOGNIZED FOR HIS YEARS OF SERVICE IN THE CULTURAL HERITAGE COMMISSION (610.40) Mayor Kramer recognized Don Tryon former Cultural Heritage Commissioner for his years of dedication and valued service to the City, and presented him with a plaque. 3. OPEN SPACE FOUNDATION RECOGNIZED FOR IMPROVEMENTS TO THE CITY'S NORTHWEST OPEN SPACE (610.40) Mayor Kramer recognized Brad Gates, President of the Open Space Foundation, and Dick Paulsen, Vice -Chair of the Open Space Foundation for improvements made to the City's northwest open space and provided him with a Certificate of Appreciation. 4. ZIAD MAZBOUDI, SENIOR CIVIL ENGINEER RECOGNIZED FOR 10 YEAR OF SERVICE TO THE CITY (730.90) Mayor Kramer recognized Ziad Mazboudi, Senior Civil Engineer for 10 years of service to the City, and presented him with a Certificate of Recognition. 5. MAYOR PRO TEM TAYLOR INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Robert Williams, Planning Commission; Jan Siegel, Cultural Heritage Commission; Steve Behmerwohld and Ron Denman, Parks, Recreation and Senior Services Commission; Gerald Muir, Youth Advisory Board and Parks, Recreation and Senior Services Commission; William Bonney, Housing Advisory Committee; and Jean Savage, Transportation Commission. 2 2/21/2012 ORAL COMMUNICATIONS: • Robert Kline and Stephanie Heredia, City residents, spoke regarding holding the Second West Coast Film Festival from San Juan Capistrano; and asked for City Council support. • Tony Brown, City resident, spoke regarding individuals who are homeless and are living in vacant lots in the City; and asked for any regulations on this matter. Karen Brust, City Manager, stated that she would follow up with Mr. Brown on his concerns. • Teri Garza, Library Manager, announced recent donated books on rainwater harvesting available at the library. • Kim McCarthy, City resident, thanked the City Manager and Council Member Freese for arranging the upcoming Homeland Security Workshop. • Ted Roberts, City resident representing the American Cancer Society, invited the City Council to participate at the "Relay for Life"; and asked the City Council to formally support Proposition 29 (cancer legislation for research). CONSENT CALENDAR: Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried unanimously to approve consent calendar items 1, 2, 4, 5, and 6 as recommended by staff. 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2. CITY COUNCIL MINUTES — REGULAR MEETING OF FEBRUARY 7, 2012, APPROVED. 3. CHECK REGISTER FOR ELECTRONIC TRANSACTIONS DATED JANUARY 25, 2012, IN THE TOTAL AMOUNT OF $725,268.90; AND CHECK REGISTER DATED JANUARY 27 TO FEBRUARY9, 2012, IN THE TOTAL AMOUNT OF $5,311,557.06; AND PAYROLL (DIRECT DEPOSITS) DATED FEBRUARY 3, 2012, IN THE TOTAL AMOUNT OF $185,258.50; AND PAYROLL CHECKS DATED FEBRUARY 3, 2012, IN THE TOTAL AMOUNT OF $2,396.53, RECEIVED AND FILED (300.30) Nasser Abbaszadeh, Public Works Director, responded to questions. Council Action: Moved by Council Member Freese, seconded by Council Member Allevato, and carried unanimously to receive and file. 4. RESOLUTION NO. 12-02-21-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THAT THE CITY HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED FOR INCLUSION IN THE 2013 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM AND CONFIRMING THE CITY'S COMMITMENT TO IMPLEMENT ALL THE PROJECTS SUBMITTED IN THE PROGRAM (CIP NOS. 07112 AND 07107) (OCTA) (800.70) 3 2/21/2012 5. STAGING AREA IMPROVEMENTS MADE IN THE CITY'S NORTHWEST OPEN SPACE BY THE SAN JUAN CAPISTRANO OPEN SPACE FOUNDATION, ACCEPTED (530.40) 6. $160,025 IN GRANT REVENUE FROM THE ORANGE COUNTY TRANSPORTATION AUTHORITY MEASURE M2 IN FUND 39 -MEASURE M2 COMPETITIVE GRANTS, ACCEPTED; AND $160,025 TO THE CAPITAL IMPROVEMENT FUND (CIP NO. 12503); AND OFFSET COSTS WITH $160,025 IN GRANT REVENUES, APPROPRIATED (800.70) 7. INCLUSION OF LATE CHARGE NOTIFICATION ON MONTHLY UTILITY BILL, RECEIVED AND FILED (1050.10) Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried unanimously to receive and file. PUBLIC HEARINGS: 1. TEMPORARY STREET CLOSURES FOR THE ANNUAL FIESTA DE LAS GOLONDRINAS PARADE AND MERCADO ON SATURDAY, MARCH 24,2012; AND ISSUANCE OF A PARADE PERMIT TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION, APPROVED (150.60) Alan Oswald, Senior Traffic Engineer, provided a staff report, and responded to questions. Mayor Kramer opened the public hearing and invited testimony. Public Testimony: • Heidi Langefeld, City resident, asked the City Council to assist them in allowing her brother to participate in the Fiesta de las Golondrinas Parade, as the Fiesta Association has a rule which prohibits motorized wheelchairs. • Larry Thomas, City resident, expressed concern with public safety issues due to the livestock in the parade. • Stephanie Frisch, Fiesta Association Board Member; stated that the Fiesta Association is waiting to receive feedback from horse experts regarding safety concerns, and will make sure to expedite the matter. • Helen Reardon, City resident, stated that The Shea Center for Therapeutic Riding deal with horses and wheelchairs all the time without any issues. Council Comments: • Felt it was important to include and allow individuals with disabilities to participate in the parade. Council Action: Moved by Council Member Reeve, seconded by Council Member Allevato, and carried unanimously to approve the temporary street closures for the Fiesta De Las Golondrinas Parade and the Mercado on Saturday, March 24, 2012, and the issuance of a parade permit to the San Juan Capistrano Fiesta Association with the contingency that the Fiesta Association change their policy to allow medically required electric wheelchairs to participate in the parade. 4 2/21/2012 ADMINISTRATIVE ITEMS: F1 DEVELOPMENT SERVICES a. DISCUSSION OF AN "AESTHETICS TEAM" TO WORK WITH SAN DIEGO GAS & ELECTRIC (SDG&E) ON THEIR PROPOSED SOUTH ORANGE COUNTY RELIABILITY ENHANCEMENT PROJECT (1010.70) Public Correspondence received from the following individuals in opposition to the proposed project: Kim Lefner, City resident; Ian Smith, City resident; Jim Reardon, City resident; Lennie DeCaro, City resident; and Colleen Edwards, City resident. Council Member Allevato recused himself due to co -ownership of property within 500 feet of the project and stepped out of the Council Chamber. Grant Taylor, Development Services Director, provided a staff report and responded to questions. Applicant: • Duane Caves, San Diego Gas & Electric, provided a PowerPoint presentation and responded to questions. Public Comments: • The following individuals spoke in opposition to the project: Rhen Kohan, City resident; Ilse Byrnes, City resident; Kim Lefner, City resident; Helen Reardon, City resident; Ian Smith, City resident; Deborah Smith, City resident; Dena Van • Slyke, San Clemente resident; Clint Worthington, City resident; and Colleen Edwards, City resident. • The following individuals spoke in support of the project: Larry Thomas, Chamber of Commerce; Jim Leach, South Orange County Regional Economic Coalition; Roger Hogan, Capistrano Toyota Mark Bodenhamer, Chamber of Commerce; and John Whitman, South Orange County Regional Chamber of Commerce. • The following individuals spoke neutrally of the project: Reed Royalty, Orange County Taxpayers Association; and Kathleen Peterson, City resident. Council Comments: • Understands the need for more electricity, but need to look out for the safety of the residents and protect the City's assets; felt the project is too massive; too many questions are unanswered; felt that the downtown will be negatively impacted; supported an Aesthetic Team with representation from all homeowners associations impacted; and would like to see the project moved out of town in a more appropriate location. 5 2/21/2012 Concerned with the demolition of a historic building; felt that the project is too massive and many questions are unanswered regarding possible health concerns with Electromagnetic Fields (EMFs); suggested looking into other better suitable sites that would be more suitable; supported an Aesthetic and Mitigation Team and a Resolution opposing the project unless negative impacts are fully mitigated. Not against improving reliability and the infrastructure, but felt that many questions are unanswered and a lack of transparency; supported the formation of an Aesthetic Team; and felt it was important to adopt a resolution opposing the project unless negative impacts are fully mitigated. Understands the need to have reliable electricity, but felt that the proposed project was too large; would support undergrounding rather than the utility steel poles; and expressed concerned with the unknown health risks from Electromagnetic Fields (EMFs). 1st Council Action: Moved by Council Member Freese, seconded by Mayor pro tem Taylor, and carried 4-0 with Council Member Allevato recused to support the Mayor appointing an SDG&E Aesthetic Team to work with staff and SDG&E representatives on the preliminary design plans for the proposed physical improvements to the existing San Juan Capistrano Substation property. ROLL CALL: AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER: Allevato 2nd Council Action: ,Moved by Council Member Reeve seconded by Mayor pro tem Taylor, and carried 4-0 with Council Member Allevato recused to adopt Resolution No. 12-02-21-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, OPPOSING NEGATIVE IMPACTS OF THE PROPOSED SAN DIEGO GAS AND ELECTRIC (SDG&E) SOUTH ORANGE COUNTY RELIABILITY ENHANCEMENT PROJECT UNLESS FULLY MITIGATED" ROLL CALL: AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER: Allevato F2 UTILITIES DIRECTOR a. CONSIDERATION OF THE PROCUREMENT OF GREENSAND FILTER MEDIA AND OTHER PROPRIETARY PARTS (TONKA) (CITY COUNCIL PRIORITY NO. 2) (370.30) 6 2/21/2012 r Council Action: Moved by Council Member Freese, seconded by Mayor pro tem Taylor, and carried 4-1 with Council Member Reeve opposed to approve waiving the formal bidding procedures, pursuant to Section 3-4.305 of the City's Municipal Code; and staff authorized to purchase the necessary greensand filter media and other proprietary parts. ROLL CALL: AYES: COUNCIL MEMBER: Freese, Allevato, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None SUCCESSOR AGENCY OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY BUSINESS: 1. CHECK REGISTER DATED JANUARY 27, 2012, THROUGH FEBRUARY 9, 2012, IN THE TOTAL AMOUNT OF $191,272.32 (300.30) Council Action: Moved by Council Member Reeve, seconded by Council Member Freese, and carried unanimously to receive and file. ORDINANCES: None COUNCILMANIC ITEMS: RESOLUTION NO. 12-02-21-03 ADOPTED SUPPORTING AB 1455 (HARKEY) HIGH SPEED RAIL LEMON LAW" (660.40) Public Comments: • Gino Folchi, Communications Director for the Office of Assemblywoman Diane L. Harkey, provided information on the proposed Assembly Bill 1455 and responded to questions. Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Taylor, carried and unanimously to adopt a Resolution No. 12-02-21-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING AB 1455 (HARKEY) HIGH SPEED RAIL LEMON LAW," 2. CONSIDERATION OF AN URGENCY ORDINANCE AUTHORIZING A TEMPORARY EXTENSION ON THE MAXIMUM TIME BUSINESS PROMOTIONAL SIGNS MAY BE DISPLAYED FOR SAN JUAN CAPISTRANO AUTOMOBILE DEALERSHIPS (410.40) Grant Taylor, Development Services Director, responded to questions. 7 2/21/2012 3. Public Comments: • Roger Hogan, Capistrano Toyota, asked the City Council to support the urgency ordinance in order to assist the car dealerships as sales are starting to improve from the last hard economic years. • Steve Behmerwohld, City resident, expressed concern with advertisement displays used by the auto dealerships. • Gary Willenborg, Capistrano Volkswagen, expressed support for the urgency ordinance; and felt that the promotional signs improve sales and freeway visibility. • Larry Thomas, Chamber of Commerce, supported the urgency ordinance; and felt that a reasonable compromise was needed in order to assist the auto dealerships in town. • Mark Bodenhamer, Chamber of Commerce, encouraged the City Council to approve the adoption of the urgency ordinance; distributed a handout to the City Council providing tax revenue information from the City's auto dealerships. • Clint Worthington, City resident, expressed the importance of following the City's regulations; and felt that displayed signs are not necessary to sell cars. Council Comments: • Expressed support of an Urgency Ordinance authorizing a temporary extension on the maximum time promotional signs may be displayed for the auto dealerships while they complete their sign program. • Could not support the urgency language "health and safety" in the ordinance, and suggested adopting as a regular ordinance. Maria Morris, City Clerk read the title of the ordinance. Council Action: Moved by Council Member Allevato, seconded by Council Member Reeve, and carried 4-1 with Council Member Freese opposed to the first reading and introduction of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A TEMPORARY EXTENSION OF THE MAXIMUM TIME AUTOMOBILE DEALERSHIP PROMOTIONAL SIGNS MAY BE DISPLAYED." ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Allevato, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: Freese ABSENT: COUNCIL MEMBER: None DISCUSSION REGARDING THE CITY'S AFFORDABLE HOUSING IN -LIEU FEE (430.45) Public Correspondence: • Gila Jones, City resident, submitted correspondence dated February 21, 2012, expressing concern with reducing the City's Affordable Housing In -Lieu fee as it may cause issues with the approval process of the City's Housing Element. 8 2/21/2012 1 0 L • Cesar Covarrubias, The Kennedy Commission, submitted correspondence on February 21, 2012, urging the City Council not to reduce or eliminate the Affordable Housing In -Lie Fee since it serves as a tool and program to facilitate housing options. Public Comments: • Bryan Starr, Representing the Building Industry of Orange County, spoke in opposition to inclusionary mandates of any kind; felt that regulations such as housing in -lieu fees have unintended consequences such as making housing less affordable; and stated that most cities and jurisdictions are revisiting their regulations in order to remove barriers in order to bring jobs an improve the economic health of their communities. Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Taylor, and carried unanimously to direct the Housing Advisory Committee to bring a recommendation to the City Council of whether to initiate a Code Amendment to reduce or eliminate the City's Affordable Housing In -Lieu Fee. 4. VACANCY DECLARED ON THE OPEN SPACE, TRAILS AND EQUESTRIAN COMMISSION (110.20) Council Action: Moved by Council Member Reeve, seconded by Council Member Freese, and carried unanimously to declare a vacancy on the Open Space, Trails and Equestrian Commission and direct the City Clerk to solicit applications to fill the vacancy. 5. RESOLUTION NO. 12-02-21-02 ADOPTED OPPOSING NEGATIVE IMPACTS OF THE PROPOSED SAN DIEGO GAS AND ELECTRIC (SDG&E) SOUTH ORANGE COUNTY RELIABILITY ENHANCEMENT PROJECT UNLESS FULLY MITIGATED (1010.70) — THIS ITEM WAS DISCUSSED WITH ITEM FIA, PLEASE SEE PAGE 5 AND 6 Council Member Allevato recused himself due to co -ownership of property within 500 feet of the project and stepped out of the Council Chamber. Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem Taylor, and carried 4-0 with Council Member Allevato recused to adopt Resolution No. 12-02-21-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA OPPOSING NEGATIVE IMPACTS OF THE PROPOSED SAN DIEGO GAS AND ELECTRIC (SDG&E) SOUTH ORANGE COUNTY RELIABILITY ENHANCEMENT PROJECT UNLESS FULLY MITIGATED" ROLL CALL: AYES: COUNCIL MEMBER: Freese, Reeve, Taylor and Mayor Kramer NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER: Allevato E 2/21/2012 6. DISCUSSION OF MAYOR APPOINTMENTS TO THE OVERSIGHT BOARD OF THE SAN JUAN CAPISTRANO SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY AND RECOMMENDED APPOINTMENTS BY THE COUNTY BOARD OF SUPERVISORS (400.80) Council Action: Moved by Council Member Allevato, seconded by Council Member Freese, and carried unanimously to support the Mayor's appointment of Council Member Laura Freese, as the Member at Large, and Lori Doll, Administrative Coordinator, as the Member representing employees of the former Community Redevelopment Agency; and to support the Mayor's recommendation of Virginia "Ginny" Kerr, Bruce Tatarian, and C. Lawrence Thomas for appointments by the Orange County Board of Supervisors for the Oversight Board of the San Juan Capistrano Successor Agency to the Community Redevelopment Agency. ADJOURNMENT: There being no further business Mayor Kramer adjourned the meeting at 11:25 p.m. to Tuesday, March 6, 2012, at 5:00 p.m. for Closed Session and 6:00 p.m/Nfor the public Business Session, in the Council Chamber. submitted,- VV- / \ S, ubmitted," Vv- S, CIT YCRK Approved: March 6, 2012 ATTEST: LARRY KRAME 10 2/21/2012 ri