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
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• 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,-
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Approved: March 6, 2012
ATTEST:
LARRY KRAME
10 2/21/2012
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