11-0315_CC_Minutes_Regular MeetingMINUTES
March 15, 2011
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Allevato 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, John Taylor,
Mayor pro tem Larry Kramer, and Mayor Sam Allevato
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(c), the City Council conferred with
legal counsel pertaining to one potential item for initiation of litigation.
b. Pursuant to Government Code Section 54956.9(b), the City Council conferred with
legal counsel pertaining to an item of significant exposure to litigation pertaining to
facts or circumstances not yet known to a potential plaintiff.
c. Pursuant to Government Code Section 54956.8, the City Council meet with its
Real Property Negotiator (City Manager) concerning the price and terms of
payment for the purchase, sale, exchange or lease of certain real property known
as 31910 and 81920 Del Obispo (Serra Plaza), in the City of San Juan Capistrano,
California. The property owner's negotiating party is Bill Griffith of Rivendell Land
Company, Inc.
d. Pursuant to Government Code Section 54956.9(b), the City Council conferred with
legal counsel pertaining to one potential item of significant exposure to litigation
regarding the claim for money or damages brought by B&V Productions and Bruce
Nielsen pertaining to services and equipment provided at San Juan Summer Nites
Concert Series.
BUSINESS SESSION:
Mayor Allevato 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.
Mayor pro tem Kramer led the Pledge of Allegiance and Council Member Taylor gave
the invocation. Vera Ferguson, City resident performed "God Bless America".
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor,
Mayor pro tem Larry Kramer, and Mayor Sam Allevato
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: Mayor Allevato announced that
the City Council has reached a final agreement to settle all issues related to MtBE in the
City's groundwater. Under the terms of the settlement, Chevron will clean up the
affected area under direction of the San Diego Regional Water Quality Control Board
and the City will install and operate an enhanced filtration system at its
Groundwater Recovery Plant. The Mayor read a joint press release with Chevron, and
thanked Joe Tait, City Manager, for his assistance and described his transition
to a consultant role.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
■ San Juan Basin Authority Meeting.
■ South Orange County Wastewater Authority Meeting.
■ Ground Breaking Ceremony for the Marriott Hotel.
■ Ribbon Cutting Ceremony for New Start Nutrition.
■ 2 I Saturday Art Festival.
■ Northwest Open Space Staging Area progress.
■ Informed that Capistrano Unified School District (CUSD) will providing two (2)
monitors for the drop-off & pick-up of students on the Camino Lacouague terminus.
■ State of the City
INTRODUCTIONS AND PRESENTATIONS
MICHAEL VELASCO RECOGNIZED AS THE BOYS & GIRLS CLUBS OF
CAPISTRANO VALLEY'S YOUTH OF THE YEAR (610.40)
Mayor Allevato recognized Michael Velasco as the Boys & Girls Clubs of
Capistrano Valley's Youth of the Year and presented him with a certificate of
recognition.
2. RECOGNITION OF OUTGOING COMMISSIONERS (610.40)
Mayor Allevato recognized Ed Nunez, Cultural Heritage Commission; Jill Hanna,
Gail Zukow and Peter Margarita, Parks, Recreation and Equestrian Commission;
James Mocalis and Bruce Tatarian, Planning Commission; Corey Henson,
Transportation Commission; Alan Freisleben, Utilities Commission; and Joanne
Marquez and Jess Lopez, Housing Advisory Committee for their years of
dedication and service to the community and presented them with plaques of
appreciation.
2 3/16/2011
3. MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Alberto Barrera, Youth Advisory Board; Steve Behmerwohld
and Ron Denman, Parks, Recreation and Senior Services Commission;
Gerald Muir, Parks, Recreation & Senior Services Commission and Youth
Advisory Board; Gene Savage and John Altieri, Transportation Commission;
Dave Solt, Housing Advisory Committee; Jan Siegel, Cultural Heritage
Commission;, Dorthea Love, League of Women Voters; and welcomed students
from Capistrano Christian School.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
■ Joan Irvine Smith, City resident, submitted a letter and spoke regarding law
enforcement, traffic management, and the Ortega Highway Widening project.
■ Ginger Nelson, City resident, requested a letter from the City stating that her
adjacent neighbor failed to maintain the v -gutters. Omar Sandoval, City Attorney,
stated that a letter would be provided.
■ Thomas Whaling, City resident, spoke regarding civility of society towards
bureaucracy; and the need to educate residents on fiscal responsibility.
■ Rob Ferguson, Open Space, Trails & Equestrian Commission, invited the public to
attend the upcoming Commission meeting.
■ Jacques Pelletier, City resident, spoke in opposition to the proposed daytime curfew.
■ Dave Solt, Housing Advisory Committee, asked the Council to look into forming a
Housing Authority Lite, in order to protect the funds set aside for housing.
■ Jim Reardon, City resident, spoke regarding the appearance of back room
deals after a recent Closed Session meeting related to the hiring of an
Interim City Manager.
■ John Perry, City resident, asked that the City correct the discrepancy in the
production numbers for the Groundwater Recovery Plant provided to the public in a
recent utilities online posting.
....... ..■ Steve Behmerwohld. City resident, expressed concern due to funding regarding a
resent recommendation
at a Transportation Commission meeting regarding
reviewing the concept of protective -permissive left turn signal phasing. Mayor
Allevato stated that an item will be agendized regarding whether or not to proceed
further with protective -permissive left turn signals.
■ Orrie Brown, City resident, expressed concern with a recent letter related to the
City's debt from the Office of the Mayor sent with water bills. Mayor Allevato stated
that the Office of the Mayor has discretion in issuing press releases in an effort to be
more transparent and provide factual information to the residents, not opinions.
Council Member Reeve stated that he would like to agendize the matter at a
future meeting as he understood that a City Council Policy prohibits the use of
City stationary.
■ Kim McCarthy, City resident, felt that it was inappropriate for the Mayor to send a
letter to residents without the approval of the majority of the City Council; did not
support continuation of the City manager's contract; and read a letter submitted to
the City Council from Utilities Commissioner Miller supporting a forensic audit.
■ Ian Smith, City resident, expressed lack of support to continue retaining contract
services for Joe Tait; and expressed concern with possible upcoming high water bills
due to a struggling Groundwater Recovery Plant and dry weather.
3 311512011
CONSENT CALENDAR:
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried unanimously to approve consent calendar items 1,
through 3, 6 through 10, 13 and 14 as recommended by staff, with
Council Member Reeve opposed to approve consent calendar 4 and 5.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
FEBRUARY 23, 2011, APPROVED.
3. CITY COUNCIL MINUTES — REGULAR MEETING OF
MARCH 1, 2011, APPROVED,
4. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
MARCH 4, 2011, APPROVED.
AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
5. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 24, 2011, IN THE
TOTAL AMOUNT OF $1,590,094.21; AND PAYROLL WARRANTS DATED
FEBRUARY 18, 2011, IN THE TOTAL AMOUNT OF $181,6%99,
RECEIVED AND FILED (300.30)
ROLL CALL:
AYES.... ......... 000..NCI.L .M.E.MBER:....Fre.ese, Taylor,.... Kramer and Mayor.Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER. None
6. ANNUAL FINANCIAL REPORT OF DEVELOPMENT IMPACT FEES
PURSUANT TO GOVERNMENT CODE 66006 (AB1600), RECEIVED AND
FILED (420.20)
7. RESOLUTION NO. 11-03-15-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING THE CITY'S FISCAL YEAR 2010-2011 GENERAL
PLAN ANNUAL PROGRESS REPORT"
8. CLAIM OF MAX OSORIO DENIED BASED UPON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
9. CLAIM OF PAUL STANTON DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
4 3115/2011
10. STATUS UPDATE OF THE CITY MANAGER RECRUITMENT, RECEIVED AND
FILE (740.40)
11. CONSIDERATION OF CHANGE ORDER NO. 1 AND NOTICE OF
COMPLETION FOR THE DOMESTIC WATERLINES E13 AND E14 PROJECT
(CIP 08803) (KAVA PIPELINE) — ITEM TO BE CONTINUED
Joe Mankawich, Associate Engineer, provided a staff report and responded to
questions.
Public Comments:
• Kenneth Cornell, Kana Pipeline, expressed concern with finalizing the
change orders, as there might be additional change orders that have not
been processed.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Taylor, and carried unanimously to continue to a later meeting.
12. RESOLUTION 11-03-15-02 ADOPTED ENTITLED " A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING ANYTIME" ON THE SOUTHERLY SIDE OF
SAN JUAN CREEK ROAD WEST FROM AVENIDA LARGA (WEST LEG)"; AND
DIRECT STAFF TO REMOVE THE WESTERLY 75 FEET OF EXISTING "NO
PARKING ANYTIME" JUST WEST OF THE SAN JUAN HILLS DRIVEWAY ON
SAN JUAN CREEK. ROAD IF THE SAN JUAN HILLS GOLF COURSE
PROHIBITS EXITING FROM THE DRIVEWAY ONTO SAN JUAN CREEK
ROAD; AND STAFF DIRECTED TO REMOVE THE EASTERLY 25 FEET OF
EXISTING "NO PARKING ANYTIME" JUST EAST OF THE SAN JUAN HILLS
DRIVEWAY ON SAN JUAN CREEK ROAD (570.30)
Alan Oswald, Senior Traffic Engineer, responded to questions.
Public Correspondence:
• Bob Johnson, City resident, submitted an e-mail on March 14, 2011, felt that
the parking spaces along Avenida Larga present a severe safety hazard, felt
that there's ample parking for golfers on the north side of San Juan Creek
Road.
• Bert Dumais, San Juan Hills Private Street Maintenance Association,
submitted an e-mail on March 14, 2011, requesting that the "No -Parking„
zone be extended to eliminate all six parking spaces, in order to provide a
safer visible area while turning left.
• Bill Peterson, City resident, submitted an e-mail on March 14, 2011,
encouraging the elimination of all parking on the east side of San Juan Creek
Road, between the entrance to the Golf Course and Avenida Larga.
5 3/15/2011
Council Comments:
• Consensus to extend the removal of existing "No Parking Anytime" just west
of the San Juan Hills Driveway on San Juan Creek Road from 50 feet to
75 feet.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Freese, and carried unanimously to adopt
Resolution No. 11-03-15-02 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
"NO PARKING ANYTIME" ON THE SOUTHERLY SIDE OF SAN JUAN CREEK
ROAD WEST FROM AVENIDA LARGA (WEST LEG)" and staff directed to
remove the westerly 75 feet of existing "No Parking Anytime" just west of the
San Juan Hills driveway on San Juan Creek Road if the San Juan Hills Golf
Course prohibits exiting from the driveway onto. San Juan Creek Road; and staff
directed to remove the easterly 25 feet of existing "No Parking Anytime" just east
of the San Juan Hills driveway on San Juan Creek Road.
13. RESOLUTION 11-03-15-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK COMPLETED IN ACCORDANCE WITH PLANS
AND SPECIFICATIONS FOR CIP NO. 145 — TRAFFIC SURVEILLANCE
PROJECT (STEINY AND COMPANY, INC. & SPECIALIZED INSTALLATION
(CIP NO. 07114); CITY CLERK DIRECTED TO PROCESS THE RECORDING
THE NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE
THE 10% RETENTIONS, TOTALING $13,596.00, AND BID BONDS THIRTY
FIVE DAYS AFTER RECORDATION (600.30)
14. RESOLUTION 11-03-15-04 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING DESIGNATED FLEET INVENTORY AS SURPLUS (670.70)
15. AGREEMENT WITH MUNICIPAL MANAGEMENT GROUP TO PROVIDE
UTILITIES DEPARTMENT AND OTHER MANAGEMENT CONSULTING
SERVICES — ITEM TO BE CONTINUED (600.30)
Public Correspondence:
Kim Lefner, City resident, submitted an e-mail on March 14, 2011, requesting
that the City Council reconsider approval of the agreement due to high hourly
rates.
Public Comments:
Clint Worthington, City resident, expressed concern about addressing the
City Council prior to the item's continuance.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Freese, and carried unanimously to continue the item until the
Interim City Manager decision is resolved.
6 3/15/2011
PUBLIC HEARINGS:
1. RESOLUTION 1103-15-05 ADOPTED APPROVING THE APPEAL BY KELLY
BURT OF PRICE SELF STORAGE OF ACTION BY THE PLANNING
COMMISSION TO SUSTAIN THE APPEAL OF GERALD KLEIN OF JERWEL
ENTERPRISES, AND APPROVING THE APPLICATION OF PRICE SELF
STORAGE FOR SIGN PERMIT (SP) 10-004, TO RELOCATE AN EXISTING
SIGN TO PROPERTY LOCATED AT ASSESSOR'S PARCEL NUMBER
(APN: 675-441-06) (PRICE SELF STORAGE) (410.60)
Justin Kirk, Senior Management Analyst, provided a staff report and responded
to questions.
Public Correspondence:
• Kelly Burt, Price Self Storage submitted a letter dated March 12, 2011,
providing general background information regarding the project
Mayor Allevato opened the Public Hearing.
Public Testimony:
• Kelly Burt, Price Self Storage,, asked the City Council to uphold the appeal
with an amendment Condition of Approval requiring 180 days for the
recordation of the necessary easement and encouraged a comprehensive
sign plan; and responded to questions from the City Council.
• Jerry Klein, Jerwel Enterprises, stated that Price Storage did not seek
securing an easement for their sign and do not have a valid permit or sign;
and requested that the City Council deny the appeal.
• Scott M. Bonesteel, Price Self Storage Legal Counsel, stated that the sign is
in compliance with all City regulations and the site was selected
....... by . the... Commission not by.. Price..... Storage; and requested 180 .days
to secure easement.
• Ron Steinback, Jerwel Enterprises Legal Counsel, provided a handout;
stated that Price Self Storage has an easement for ingress and egress
to their property, but not for a sign; and urged the City Council to
deny the appeal.
Mayor Allevato closed the Public Hearing.
Council Comments:
• Supported upholding the appeal with an amended Condition of Approval
requiring recordation of the necessary easement prior to the issuance of a
building permit.
• Felt that the sign for Price Self Storage is appropriate, and it's up to the
applicant to secure an easement; stated that a future sign for Jerwel
Enterprises would require a sign ordinance which would require the Planning
Commission to find a proper location; and supported upholding the appeal
with an amended Condition of Approval requiring recordation of the
necessary easement within 180 days.
7 3/15/2011
Council Action: Moved by Mayor Allevato, seconded by
Council Member Freese, and carried unanimously to adopt Resolution No.
11-03-15-05 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO APPROVING THE APPEAL BY KELLY BURT OF
PRICE SELF STORAGE OF ACTION BY THE PLANNING COMMISSION TO
SUSTAIN THE APPEAL OF GERALD KLEIN OF JERWEL ENTERPRISES,
AND APPROVING THE APPLICATION OF PRICE SELF STORAGE FOR SIGN
PERMIT (SP) 10-004, TO RELOCATE AN EXISTING SIGN TO PROPERTY
LOCATED AT ASSESSOR'S PARCEL NUMBER (APN: 675-441-06)
(PRICE SELF STORAGE)"; with the caveat that an easement be obtain within
180 days".
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. DEVELOPMENT SERVICES
a. STAFF DIRECTED TO CONTINUE PROCESSING THE ARCHITECTURAL
CONTROL (AC) 11-002 AND DISCRETIONARY USE PERMIT (DUP) 11-001
APPLICATIONS FOR THE PROPOSED FAST-FOOD RESTAURANT AND
DRIVE-THRU FACILITY LOCATED AT 31863 DEL OBISPO STREET,
APN 668-242-11 (IN -N -OUT BURGER) (460.701410.60)
Public Correspondence: The following individuals submitted correspondence in
opposition of an In -N -Out along Del Obispo Street: William Hadley, City resident;
David Weaver, City resident; Jim and Linda Gilpin, City resident; Norma Karg,
City resident; and Colleen Edwards, City resident.
Nick Taylor, Associate Planner, provided a staff report and responded to
questions. Alan Oswald, Senior Traffic Engineer, responded to questions; and
Keith Gilbert, In -N -Out, responded to questions.
Public Comments:
• Alberto Barrera, City resident, spoke in favor of an In -N -Out, since the
proposed 1-5 Interchange would remove a few of the fast food restaurants on
Del Obispo�Street.
• Adam Maywhort, City resident, supported In -N -Out in the City, but concerned
with the traffic that it would create on Dei Obispo Street; and expressed the
need to properly study.
• Steve Behmerwohld, supported In -N -Out, but concerned with traffic, and
hoped that the back side of El Camino Real comes through Forster Street in
order to alleviate traffic on Del Obispo Street.
8 3/15/2011
Council Comments:
• Felt that the proposed location would be one of the better locations for a
drive-through restaurant, as there's no direct ingress/egress off of
Del Obispo Street; felt that the design would conform with a rigorous review
by the Planning Commission and Design Review Committee and
traffic Study; supported moving forward in order to allow a proper analysis
and a fair hearing; and felt it would be a perfect anchor to bring
visitors to downtown.
• Important for the design to fit with the City's Downtown Master Plan; and felt
that In -N -Out is a very respected and reputable company that would be great
to have in San Juan Capistrano.
• Felt that In -N -Out is a great employer with a great reputation; diagram shows
twelve (12) cars stacking, would like to see more than 12 cars
accommodated; does not like the aspect of cars right along Del Obispo, as
the sidewalk should be pedestrian friendly; would not support providing any
Redevelopment Agency assistance; in favor of Foster Street going through;
stated that would not support the project unless the City will be losing a few
drive-through restaurants due to the I-5 Interchange project; and expressed
concern with cars stacking up in front of the Fire Station.
• Not excited about another fast food -restaurant on Del Obispo Street due to
concerns with traffic, but felt that the property rights should be respected as
the location is zoned for a restaurant, therefore allowing the applicant to go
through the process.
• Would love to have an In -N -Out in town by the car dealerships or Costco, but
not in downtown; concerned with the traffic it would create; expressed
concern that it would not fit well with the Downtown Master Plan; concerned
with downtown smelling like In -N -Out hamburgers; and would prefer to
eventually move all the fast food restaurants by the car dealerships. -once the
1-5 Interchange project starts.
Council Action: Moved by Mayor Allevato, seconded by
Council Member Taylor, and carried 4-1 with Council Member Freese opposed to
direct staff to continue processing the Architectural Control (AC) 11-002 and
Discretionary Use Permit (DUP) 11-001 applications for the proposed fast-food
restaurant and drive-thru facility located at 31863 Del Obispo Street,
(APN 668-242-11) (In -N -Out Burger).
G2. POLICE SERVICES
a. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING
CHAPTER 9 OF TITLE 5 OF THE MUNICIPAL CODE REGARDING A CURFEW
FOR MINORS AND AMENDING CHAPTERS 5 AND 7 OF TITLE 1
REGARDING MUNICIPAL CODE ENFORCEMENT OFFICERS (600.30)
9 311512011
Public Correspondence: The following individuals submitted correspondence in
opposition to a daytime curfew for minors: Ruth Willett; Randy B. Dunlevie, Dave
Willett; Kelly Sasaki; Jim Reardon; Jacquelyn Bjorkman; Tom Lyle; Fred Lyle;
Norma Karg; and Bob Kessener.
Lt. John Meyer, Chief of Police, provided a staff report and responded to
questions. Harold Abe, School Resource Officer, responded to questions.
Alberto Barrera, Youth Advisory Board, provided a PowerPoint presentation.
The following individuals spoke against the daytime curfew: Kenneth Nipp,
Capistrano Valley Christian School Coach (provided a handout); Dan Gilson,
City resident; Virginia Thompson, City resident (submitted petition); Robyn
Nordell, City of Fullerton; Elizabeth Boerger, City resident; Brandon Minnich,
City resident; and Kim McCarthy, City resident.
Council Comments:
• Supported the night time curfew from 11:00 p.m. to 5:00 a.m., but could not
support the daytime curfew, as current truancy laws are adequate and was
not sure that stronger laws would make a difference for parents who are not
doing anything to prevent their kids from skipping school; and expressed
concern with local businesses in town losing business from students.
• Not in favor of a day time curfew; concern with additional cost to the
City by taking the responsibility from another government agency;
expressed concern with constitutional rights; concern with potential lawsuits
down the road.
• Expressed support for all the work done by Police Services and the
School Resource Officer, but could not support the daytime curfew.
• Felt that the City already has truancy laws, and felt that it should be
the responsibility of the school district not the City; and expressed concern
with different schedules among students including students who
are home schooled.
• Supported the nighttime curfew and changing the hours to 11:00 p.m. to
5:00 a.m.; but could not support the daytime curfew as it's the school,
parents' and students' responsibility not the City's; and felt that the
City already has a truancy law to assist with this matter.
Omar Sandoval, City Attorney, read the title of the ordinance.
Council Motion: Moved by Mayor Allevato, seconded by
Council Member Freese, and carried unanimously to approve the first reading
and introduction of an ordinance entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING CHAPTER 9 OF TITLE 5 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE REGARDING A CURFEW FOR MINORS AND AMENDING
CHAPTERS 5 AND 7 OF TITLE 1 REGARDING MUNICIPAL CODE
ENFORCEMENT OFFICERS"; setting 11.00 p.m. to 5:00 a.m. as nighttime
curfew hours; and removing Article 3 (daytime curfew), and the definition of
daytime curfew hours.
10 3/15/2011
ORDINANCES:
1. ORDINANCE NO. 982: ADOPTED AMENDING CHAPTER 9 OF TITLE 6 OF
THE MUNICIPAL CODE PERTAINING TO WASTEWATER DISCHARGE
REGULATIONS (1040.30)
Maria Morris, City Clerk, provided a staff report and read the title of the ordinance.
Council Action: Moved by Council Member Freese, seconded by Mayor pro tem
Kramer, and carried unanimously to adopt Ordinance No. 982, entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 9 OF TITLE 6 OF THE
MUNICIPAL CODE PERTAINING TO WASTEWATER DISCHARGE
REGULATIONS".
COUNCILMANIC ITEMS:
1. DISCUSSION OF A FORENSIC AUDIT OF THE CITY'S FINANCIAL STATUS —
PLEASE REFER TO THE COMMUNITY REDEVELOPMENT AGENCY'S
MINUTES OF MARCH 15, 2011, FOR DISCUSSION OF THIS ITEM (310.20)
Public Correspondence: The following individual submitted correspondence
supporting a forensic audit: Richard Hard, Utilities Commission; Raymond Miller,
Utilities Commission Chairman; Dan Merkle, Utilities Commission; Lee Goode,
Utilities Commission.
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried unanimously to form an Auditing/Finance
Ad -Hoc Committee comprised of the Mayoral Budget Subcommittee
(Mayor Allevato and Council Member Reeve), and members of the public that are
. ......... .... .
schooled in auditing and financial dealings (to be selected by the Mayoral Budget
Subcommittee) to 1) provide recommendations to the City Council as to the
selection of an independent auditor; and 2) provide direction on the
scope of work for "special auditing services", to be performed by the
independent auditor (in addition to the standard audit), and start with the
Community Redevelopment Agency and the Water/Sewer enterprise.
2. DISCUSSION REGARDING OPEN SPACE FOUNDATION'S OFFER TO
. CONSTRUCT DOG PARK IMPROVEMENTS (530.10)
Public Correspondence:
• Brad Gates, Open Space Foundation President, submitted a letter dated
March 10, 2011, stating the Foundations' desire to construct the Dog Park,
and requesting 1) that the project be removed from the City's
Capital Improvement Program (CIP); 2) the project be referred to the
Open Space, Trails and Equestrian Commission for review and comment;
3) the City authorize a waiver of fees including those associated with
permits, inspections and water storage capacity charges; and 4) return to the
City Council with an executable Site Access License within 90 days.
11 3/15/2011
Public Comments:
• Tim Neely, Open Space Foundation, stated that the Open Space Foundation
desires to assist the City with the construction of the Dog Park; and
responded to questions from the City Council.
• Matt Gaffney, Capistrano Animal Rescue Effort (CARE), spoke in favor of the
project, and asked that the Dog Park be named after the late veterinarian
Dr. Joe Cortese.
Council Comments:
• Impressed with all the work being done on the Northwest Open Space by the
Open Space Foundation; and wanted to make sure that the project would go
through the Parks, Recreation and Senior Services Commission,
and the Open Space, Trails and Equestrian Commission.
• Unanimous support for the Dog Park to be named after the late veterinarian
Dr. Joe Cortese.
• Staff directed to bring back to the City Council an agreement with the
Open Space Foundation regarding the construction of the Dog Park.
ADJOURNMENT:
There being no further business, Mayor Ailevato adjourned the meeting
at 10:45 p.m. to Friday, March 18, 2011, at 9:30 a.m. for Closed Session; and then to
Monday, March 21, 2011, at 10:00 a.m. for Closed Session; and then to Tuesday,
March 22, 2011, at 10:00 a.m. for Closed Session; and then to Tuesday, April 5, 2011,
at 5:00 p.m. for Closed Session and 6:04 p.m. for the public Business Session,
in the City Council Chamber.
Approved: April 5, 2011
ATTEST:
0
AM ALL-EVATO, MAYOR
12
3/15/2011