11-0517_CC_Minutes_Regular MeetingMINUTES
May 17, 2011
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION:
Mayor Allevato called the Regular Meeting of the City Council to order at
5:04 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(a), the City Council conferred
with legal counsel pertaining to existing litigation in the matter of Eduardo Lara, et
al. 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 54956.9(a), the City Council conferred
with legal counsel pertaining to existing litigation in the matter of Marbella
Development Company vs. City of Sart Juan'Capistrano.
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 purchase and sale agreement with
Centra Realty for the disposition of Marbella Lot 217.
e. Pursuant to Government Code Section 54956.9(a), the City Council conferred
with legal counsel pertaining to existing litigation in the matter of City of San Juan
Capistrano v. State of California Dept. of Transportation (Caltrans).
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:13 p.m. in the City Council Chamber.
Mayor pro tem Kramer led the Pledge of Allegiance and Council Member Taylor gave
the invocation.
1
ROLL CALL
COUNCIL MEMBERS PRESENT: Laura Freese, Derek Reeve, John Taylor,
Mayor pro tem Larry Kramer and Mayor 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. Omar Sandoval, City Attorney,
reported the following: 1) Closed Session Item A (Eduardo Lara et al. vs. City of San
Juan Capistrano), the City Council authorized legal counsel to cross complaint against
Caltrans and the Casitas Capistrano Homeowners Association #2; and
2) Closed Session Item B (Cachia vs. City of San Juan Capistrano), the City Council
authorized legal counsel to defend the litigation.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
■ South Orange County Wastewater Authority meetings.
■ "Gala" Library Fundraiser.
■ Council Member Reeve announced upcoming Open House.
■ Meetings with residents and local businesses.
■ Association of California Cities — Orange County meeting.
■ South Orange — Coast Costal Desalination Project meeting.
■ Meeting regarding Municipal Water District of Orange County and Metropolitan
Water District water rates for upcoming years.
Chamber of Commerce meeting regarding 241 Toll Road completion.
■ Home Depot Sub -Committee meeting.
■ Foothill/Eastern Transportation Corridor Agencies Operations and Finance
Committee meeting.
■ Meeting with staff and Council Member Freese regarding redevelopment.
Meeting with San Juan Creek Homeowners Association.
■ Wall of Recognition Selection meeting.
• Kentucky Derby Fundraiser for San Juan Capistrano Equestrian Coalition at the
Regency Theater.
■ Chamber of Commerce presentation on Measure B proponent.
• Meeting with Board of Directors for the ARK of San Juan Animal Rescue.
= Meeting with City resident regarding water rates.
• San Joaquin Hills Transportation Corridor Agency/Eastern Transportation Corridor
Agency Board of Directors' Meeting.
• Weekly meeting with City Manager,
2 5/17/2011
INTRODUCTIONS AND PRESENTATIONS
1. GUNNERY SERGEANT JOE MORALES, UNITED STATES MARINE CORPS
RETURNED TO THE CITY COUNCIL A CITY FLAG FLOWN OVER
AFGHANISTAN (610.40)
Gunnery Sergeant Joe Morales, United States Marine Corps returned to the
City Council a City Flag flown over Afghanistan/Pakistan border at different points
of conflict while patrolling the area and providing training to local troops in proper
military techniques. Mayor Allevato and former Mayor Dr. Londres Uso accepted
the return of the City Flag.
2. PRESENTATION REGARDING LOCAL FILM FESTIVAL (610.40)..
Robert Kline, Stephanie Heredia, and Larry Porricelli provided a presentation
regarding their interest in holding a local film festival - "West Coast Film Festival
from San Juan Capistrano"; and asked for City Council support.
3. RECOGNITION OF PUBLIC WORKS WEEK (610.44)
Nasser Abbaszadeh, Public Works Director invited the City Council and residents
to participate in celebrating "Public Works Week" by participating in planting native
trees and flowers at the San Juan Capistrano's recently constructed well site
(known as Well Site No. 5) on Thursday May 191'.
4, MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Steve Behmerwohld and Ron Denman, Parks, Recreation and
Senior Services Commission; Mary Ann West, San Juan Seniors;
Jan Siegel, Cultural Heritage Commission; Ray Miller, Utilities Commission; Dave
Solt, Housing Advisory Committee; and Tom Ostensen, Open Space, Trails and
Equestrian Commission.
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;
and announced that the "All Things Bright . & Beautiful" exhibition at the
Irvine Museum will end in June.
■ Clint Worthington, City resident, felt that Council Member Freese should have
recused herself from voting on warrants at prior meetings, as warrants approved
payments to a business she owns; felt that the Mayor's message violates
City Council Policy 124; felt fees collected on water bonds creeds to be returned to
the water users; and provided a handout to the City Council. Council Member
Freese clarified that the checks issued were related to the 50th Anniversary
Celebration Committee which provided significant savings to the City.
■ John Perry, City resident, spoke regarding a Measure B "Yes is Less" newspaper
article by Mayor Allevato; spoke regarding the distinctions between the prior
approved San Juan Meadows Plan and the current proposed Distrito La Novia/San
Juan Meadows plan; and provided a handout to the City Council. Mayor Allevato
clarified that the "Yes is Less" article in the Dispatch was written as a private citizen.
3 5/17/2011
■ Ian Smith, City resident, expressed concern with information added to "Vote No on
Measure B" signs; felt there is misinformation on "Vote Yes on Measure B" mailings,
and felt that opposing parties should not be removing each other signs; and
requested for Code Enforcement/Police Services to remove all illegal signs equally.
■ Duane Cave, South Orange County Regional Chamber of Commerce, stated that
the Regional Chamber of Commerce has formally taken a Position in support
of Measure B (San Juan Meadows/Distrito La Novia General Plan Amendment).
■ Kim McCarthy, City resident, requested: 1) review and revision of Building Code
to prevent overcrowding; 2) Agendize E -Verify to be mandated to all
City businesses; and 3) partner with Immigration and Customs Enforcement (ICE)
for the 287(g) program. Council Member Reeve stated that he is waiting for a
Supreme Court case decision before agendizing the matter.
■ Orrie Brown, City resident, expressed concern with Council Member Freese not
recusing herself from warrants related to payments to her business; and stated that
staff has not contacted her regarding. Council Policy 124. Mayor Allevato stated that
staff will be contacting her to answer questions regarding policy. Mayor Pro Tem
Kramer stated that warrants are presented to the Council for review for accuracy and
to receive and file. Omar Sandoval, City Attorney, clarified that warrants are to be
received and filed, and Council Members can vote acknowledging that they received
the warrants report.
Roy Byrnes, City resident, submitted a letter on May 11, 2011; and spoke in
Opposition of the City funding for a full time deputy to the Capistrano School District,
as the City is going through financial difficulties and it should be the school district's
responsibility.
CONSENT CALENDAR:
ntnc
l Action: Moved by Council Member Freese, seconded by
Mayor pro tem Kramer and carried unanimously to approve consent calendar
items 1, through 3, 5, 7 through 10, .and 12 as recommended by staff, with
Council Member Reeve opposed to approve consent calendar items 4, 6, 11, and 16,
and Council Member Taylor and Mayor pro tem Kramer recused from item 17 due to
their membership in the San Juan Capistrano Rotary Club,
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES
APRIL 29, 2011, APPROVED,
SPECIAL MEETING OF
3• CITY COUNCIL MINUTES
MAY 3, 2011, APPROVED REGULAR MEETING OF
4. ACCOUNTS PAYABLE WARRANTS DATED MAY 5, 2011, IN THE TOTAL
AMOUNT OF $1,415,320.15; AND PAYROLL WARRANTS DATED
APRIL 29, 2011, IN THE TOTAL AMOUNT OF
RECEIVED AND FILED (300.30) $179,181.51,
4 5/17/2011
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
5. REPORT OF INVESTMENTS — MARCH 2011, RECEIVED AND FILED (350.30)
6. RESOLUTION 11-05-17-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
EXTENDING REDUCED FEES FOR HOTELS AND VEHICLE DEALERSHIPS"
(330.50)
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
7. WIRELESS COMMUNICATION FACILITIES SITE LEASE AGREEMENT WITH
T -MOBILE WEST CORPORATION AT 29932 CAMINO CAPISTRANO
(APN 650-023-09), APPROVED
8. CLAIM OF DEBORAH CHAPPLE DENIED BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.70)
9. CLAIM OF NANCY TAYLOR DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
10. FINAL PARCEL MAP 2005-223 (BIRTCHER DEVELOPMENT), APPROVED
11, RESOLUTION 11-05-17-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST
ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS
CODE OF THE STATE OF CALIFORNIA AND CHAPTER 2.5 OF DIVISION 1
OF TITLE 5 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA,
FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY AFTER
FORMATION OF A DISTRICT, AND SETTING A TIME AND PLACE FOR THE
PUBLIC HEARING THEREON (345.20)
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
5 5/17/2011
12. RESOLUTION 11-05-17-03 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 SAN JUAN CAPISTRANO BUS SHELTER
IMPROVEMENTS (DIVERSIFIED LANDSCAPE MANAGEMENT, INC.)
(CIP NO. 07120); CHANGE ORDERS IN THE AMOUNT OF $12,755.40,
APPROVED; CITY CLERK DIRECTED TO PROCESS RECORDING OF THE
PROJECT NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO
RELEASE RETENTION, IN THE AMOUNT OF $19,532.50, THIRTY FIVE DAYS
AFTER RECORDATION (500,30)
13. AGREEMENT D10-015 WITH THE ORANGE COUNTY FLOOD CONTROL
DISTRICT FOR OPERATION AND MAINTENANCE OF PEDESTRIAN WAYS
AND BIKEWAYS ADJACENT TO SAN JUAN CREEK CHANNEL, TRABUCO
CREEK CHANNEL, AND OSO CREEK WITHIN TH E DISTRICT'S RIGHT OF
WAY WITHIN CITY BOUNDARY, APPROVED (600.50)
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Alievato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
14. PLANS AND SPECIFICATIONS FOR FISCAL YEAR 2010-11 PAVEMENT
REHABILITATION PROJECT, APPROVED; AND STAFF AUTHORIZED TO
ADVERTISE AND RECEIVE CONSTRUCTION BIDS (600.30)
Public Comment:
■ Anne Fox, City resident, submitted an e-mail on May 17, 2011, asking the
Council only to approve the Rancho Viejo Road project, and bring forward at
the next Council meeting the Camino Lacouague sidewalk project.
Nasser Abbaszadeh, Public Works Director, responded to questions.
Council Comment:
It Would like to bring back the Camino Lacouague sidewalk project for
further discussion.
Stated that the Camino Lacouague sidewalk project was already approved by
the City Council, and it's a safety concern; need to make sure that paint is
available before roads are slurry sealed.
Stated that Camino La Ronda's asphalt cracks are getting larger and
expressed concern with delaying further.
Council Action: Moved by Council Member Freese, seconded by Mayor pro tem
Kramer, and carried unanimously to bring back to the City Council the
Camino Lacouague sidewalk project at the May 31, 2011, adjourned meeting;
and approve pians and specifications for FY 2010-11 Pavement Rehabilitation
project and authorize staff to advertise and receive construction bids for the
following locations -
6 5/17/2011
a. Rancho Viejo Road — Place an asphalt -concrete overlay from Ortega to
Junipero Serra.
b. Camino La Ronda (as well as Paseo Labranza, Via Putero, Via Estancia,
and Via Fierro) - place an asphalt-concerte overlay from La Novia to Via
Fierro.
C. Paseo Rita - Place an asphalt --concrete overlay from Calle Roberto to
north end.
d. Alleyway in Villas 11 and III — Place slurry seal on pavement in the alleys
that are jointly owned by the City and Villa HOA`s. This will be a
cooperative project between the City and the Homeowners Associations.
Since the City owns the twenty foot center of the alleys, we will pay the
contractor for the City share and the Associations will pay the contractor
directly for their share of the project. The project specifications have stated
the respective financial respeonsibilities for the alleywork.
15. PERSONAL SERVICES AGREEMENT WITH HALL & FOREMAN, INC. TO
PREPARE PLANS, SPECIFICATIONS, AND COST ESTIMATES FOR THE
SUN RANCH PUBLIC DRAINAGE (600.30)
Nasser Abbaszadeh, Public Works Director, provided a staff report and
responded to questions.
Public Comment:
Clint Worthington, City resident; expressed concern with the City's settlement
press release not identifying additional costs for the Sun Ranch drainage
improvement, and submitted a handout to the City Council. Omar Sandoval,
City Attorney, clarified that the information was public and included in the
settlement document.
Council Action: Moved by Council Member Freese, seconded by Mayor pro tem
Kramer, and carried unanimously to approve a Personal Services Agreement
with Hall & Forman to prepare plans, specifications, and costs estimates for the
Sun Ranch public drainage improvement in the amount of $73,815.00 and
City Manager authorized to execute the agreement.
16. PROFESSIONAL SERVICES AGREEMENT WITH DEREK OSTENSEN &
ASSOCIATES FOR PROJECT MANAGEMENT OF THE ORANGE COUNTY
TRANSPORTATION AUTHORITY (OCTA) GRANT FUNDED 2C
RANCH/TRABUCO CREEK HABITAT RESTORATION PLAN, APPROVED
(600.30)
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
7 5/1712011
17. CO-SPONSORSHIP BETWEEN THE ROTARY CLUB OF SAN JUAN
CAPISTRANO AND THE CITY OF SAN JUAN CAPISTRANO FOR THE
ANNUAL RIDGEWALK AND 1 OK RUN, APPROVED (150.60)
Council Member Taylor and Mayor pro tem Kramer recused from item 17 due to
their membership in the San Juan Capistrano Rotary Club.
ROLL CALL:
AYES:
COUNCIL MEMBER:
NOES:
COUNCIL MEMBER:
ABSENT:
COUNCIL MEMBER:
RECUSED:
COUNCIL MEMBER:
Freese, Reeve and Mayor Allevato
None
None
Taylor and Mayor pro tem Kramer
18. CITY MANAGER EMPLOYMENT AGREEMENT WITH KAREN P. BRUST,
APPROVED; AND RESOLUTION 11-05-17-04 ADOPTED AMENDING
RESOLUTION NO. 94-12-06-05, THE CITY'S CLASSIFICATION AND
COMPENSATION PLAN" (600.30)
Omar Sandoval, City Attorney, provided a staff report and responded to
questions.
Council Action: Moved by Council Member Freese, seconded by Council
Member Taylor, and carried unanimously to approve City Manager Employment
Contract with Karen P. Brust; and adopt Resolution No. 11-05-17-04 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 94-12-06-05,
THE CITY'S CLASSIFICATION AND COMPENSATION PLAN",
PUBLIC HEARINGS:
INTRODUCTION AND FIRST READING OF AN ORDINANCE RESCINDING
TITLE 8, CHAPTER 9, HOME WARRANTY PROGRAM OF THE MUNICIPAL
CODE" (450.80)
Bill Ramsey, Principal Planner, provided a staff report and Grant Taylor,
Development Services Director responded to questions.
Mayor Allevato opened the public hearing and invited testimony. No public
testimony was provided. Mayor Allevato closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Reeve, and carried 4-1 with Council Member Freese opposed 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, RESCINDING TITLE 8, CHAPTER 9, HOME
WARRANTY PROGRAM OF THE MUNICIPAL CODE".
8 5/17/2011
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Reeve, Taylor, Kramer and Mayor Allevato
Freese
None
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. CITY MANAGER
a. RESOLUTION 11-05-17-04 ADOPTED DECLARING THE INTENT TO SELL
BONDS IN AN AMOUNT NOT TO EXCEED $3,000,000, FIXING THE TIME
AND PLACE FOR TAKING BIDS AND DIRECTING PUBLICATION OF NOTICE
INVITING BIDS (SCALZO FAMILY TRUST SETTLEMENT) (390.80)
Cindy Russell, Chief Financial Officer/Treasurer, provided a staff report and
responded to questions. Kurt Yeager, Stradling, Yocca, Carlson and Rauth, and
Darryl T. Street, Fieldman, Rolapp and Associates, responded to questions.
Public Comment:
■ Jim Reardon, City resident, asked the City Council to look into reducing the
upcoming fiscal year budget by 10% instead of borrowing the funds and
increasing the City's debt.
Council Comment:
■ Felt that additional reductions could be done to the upcoming fiscal year
budget, or use reserves, and expressed preference in reducing upcoming
budget by 12.5%.
■ Preferences in not lowering the City's reserves, in order to be prepared for
any unforeseen emergencies; and supported a 5 -year call provision.
■ Supported issuing the judgment obligation bond in order to prevent lowering
the City's reserves any further.
■ Important to have a reserve in order to protect the City's residents; and stated
that upcoming economic development projects are in the process, which will
bring future revenue to the City.
• Supported a call provision; felt that revenues will improve with upcoming
projects, but felt that budget reductions will be necessary.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Taylor, and carried 4-1 with Council Member Reeve opposed to
adopt Resolution 11-05-17-04 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING ITS INTENTION TO SELL BONDS OF SAID CITY IN THE
AMOUNT OF NOT TO EXCEED THREE MILLION DOLLARS ($3,000,000),
FIXING THE TIME AND PLACE FOR TAKING BIDS AND DIRECTING
PUBLICATION OF NOTICE INVITING BIDS'; with the addition of a 5 -year call
provision.
9 5/17/2011
ROLL CALL:
AYES: COUNCIL MEMBER
NOES: COUNCIL MEMBER
ABSENT: COUNCIL MEMBER
G2. COMMUNITY SERVICES
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
a. FEE REDUCTION OF 100% FOR CITY PERMIT AND FACILITY FEES FOR
THE SOUTH ORANGE COUNTY COMMUNITY THEATRE FUNDRAISER FOR
JAPANESE DISASTER RELIEF, DENIED (160.60)
Cynthia Alexander, Community Services Manager, provided a staff report and
responded to questions.
Public Comment:
■ Tom Scott, South Orange County Community Theatre, provided information
regarding the fundraiser even, requested consideration of waiving "soft fees"
that are not direct expenses to the City (i.e. park use fees, licensing fees, etc.)
Council Comment:
■ Felt that it's a worthy event, but due to low budget the City is not in a good
position to subsidize events,
■ Would be more inclined to give fee waiver for events that directly benefit the
community.
■ Not able to support a fee waiver at this time; and stated that the City Council
needs to be consistent and follow City policies.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Taylor, and carried unanimously to deny a fee reduction of
100% for City permit and facility fees for the South Orange County Community
Theatre Fundraiser for Japanese Disaster Relief at the Historic Town Center
Park.
G3. PUBLIC WORKS
a. ENCROACHMENT PERMIT ALLOWING CLOSURE AND USE OF CERTAIN
CITY BIKE TRAILS AND/OR STREETS FOR THE ORANGEMAN TRIATHLON
BICYCLE COURSE, APPROVED (150.60)
Alan Oswald, Senior Traffic Engineer, provided a staff report and responded to
questions. Lt. John Meyer, Chief of Police Services, responded to questions.
Public Comment:
■ David Flournoy, Orangeman Triathlon, provided a PowerPoint presentation
regarding the triathlon event and responded to questions.
■ Clint Worthington, City resident, expressed safety concerns with lack of
protection on the bike path along the creek and the narrow pedestrian bridge;
and provided a handout.
10 5/1712011
Council Comment:
■ Confident with event promoters to be able to work out details with staff.
■ Felt that the event can bring good revenue to the City, and would like to see a
proposal from staff regarding the allocation of these proceeds.
■ In favor of having a world class event come to the City, but concern with the
closure of the Ortega Highway and safety issues with trails and pedestrian
bridge; felt that the City will gain from the proposed Saturday event, but will
not benefit from the Sunday event; and felt that the proceeds should be given
back to the taxpayers rather than to non-profit organizations.
■ Event needs to be flawless; need proper signage and notification to residents
and businesses; need to mitigate all safety concerns; and suggested that the
proceeds go to the "Summer Nites Concerts"; and would like to include a
caveat that any safety issues or wishes by the City would be addressed, and
costs incurred by the City would be covered.
■ Concerned with Ortega Highway closing for five (5) hours on a Sunday;
expressed safety concerns with narrow bike lanes and the high drop from the
creek's levy; stated that Calle Arroyo is a very narrow and winding street
which would need to be closed; felt that having a world class event would be
beneficial to the City, but cannot approve an encroachment permit without
addressing all issues; concerned with "soft costs" for staff time already
incurred, which should be included in costs to be recovered; and felt that
e-mail provided by Caltrans is not their final approval.
Council Action: Moved by Council Member Freese, seconded by
Mayor pro tern Kramer, and carried 3-2 with Council Member Reeve and Mayor
Allevato opposed to approve issuance of an Encroachment Permit allowing
closure and use of certain City bike trails and/or streets for the Orangeman
Triathlon bicycle course; with the understanding that letters of approvals will be
received from the Highway Patrol, Caltrans, Orange County Parks,
Orange County Transportation Authority (OCTA), and Blenheim; City to look into
safety concerns with bike trail paths within City limits; and event organizer to
accept covering all costs incurred by the City.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: Reeve and Mayor Allevato
ABSENT: COUNCIL MEMBER: None
G4. CITY CLERK
a. RESOLUTION 11-05-17-05 ADOPTED CONFIRMING CORRECTION TO
RESOLUTION 11-02-15-02, 11-02-15-03, 11-02-15-04 AND BALLOT LABEL
FOR MEASURE B (DISTRITO LA NOVIA/SAN JUAN MEADOWS) (630.20)
Public Correspondence:
■ Henrietta Kincer, City resident, submitted an e-mail on May 16, 2011,
expressing opposition for Measure B.
• Jack Chestek, City resident, submitted a letter dated May 16, 2011, with
questions related to sample ballot.
11 5/17/2011
Maria Morris, City Clerk, provided a staff report and responded to questions
Omar Sandoval, City Attorney, responded to questions.
Council Comment:
Unanimous preference to mail out a postcard with a correction notice to all
households in order to be on the side of caution, and show good faith.
Council Action: Moved by Mayor pro tem Kramer, seconded by
Council Member Taylor, and carried unanimously to adopt Resolution
11-05-17-05 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING CORRECTION TO
RESOLUTION 11-02-15-02, 11-02-15-03, 11-02-15-04 AND BALLOT LABEL
FOR MEASURE B (DISTRICO LA NOVIA/SAN JUAN MEADOWS); and
City Clerk directed to mail a postcard correction notice to all City households.
ORDINANCES:
ORDINANCE NO. 986: ADOPTED APPROVING REZONE (RZ) 10-003 AND
INCORPORATING THE SUBJECTED PROPERTY INTO COMPREHENSIVE
DEVELOPMENT PLAN (CDP) 81-01 FORSTER CANYON
(DARMAL RESIDENCE) (450.20)
Maria Morris, City Clerk, provided a staff report and read the title of the
ordinance.
Council Comment:
Felt that the property does not meet the rezone criteria, and it would be
inappropriate to allow a home to be built in that area.
Council Action. Moved by Mayor Allevato, seconded by
Council Member Reeve and carried 3-2 with Mayor pro tem Kramer and Council
Member Freese opposed to adopt Ordinance No. 986, entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING REZONE (RZ) 10-003
INCORPORATING THE SUBJECT PROPERTY INTO COMPREHENSIVE
DEVELOPMENT PLAN (CDP) 81-01 FORSTER CANYON, ESTABLISHING AN
"HE" (HILLSIDE ESTATE) ZONING DISTRICT AND SETTING FORTH
PERMITTED USES AND DEVELOPMENT STANDARDS FOR AN EXISTING
VACANT 0.50 ACRE PARCEL LOCATED ADJACENT TO THE WEST SIDE OF
AVENIDA CALIFORNIA AND EAST OF INTERSTATE 1-5 (ASSESSORS
PARCEL NUMBER: 675-081-11) (DARMAL)". .
ROLL CALL:
AYES: COUNCIL MEMBER.
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Reeve, Taylor, and Mayor Allevato
Freese and Mayor pro tem Kramer
None
12 5117/2011
COUNCILMANIC ITEMS:
1. MIKE DARNOLD, MATT GAFFNEY, AND JEAN VINCENZI SELECTED AS THE
2011 HONOREES FOR THE WALL OF RECOGNITION (210.10)
Council Comment:
Suggested in the future looking into reviewing the City's selection process.
■ Expressed appreciation with the level of commitment from volunteers in the
community.
Council Action: Moved by Council Member Reeve, seconded by Council Member
Taylor, and carried unanimously to select Mike Darnold,
Matt Gaffney, and Jean Vincenzi as the 2011 Honorees for the
Wall of Recognition.
2. MARK E. WINN APPOINTED TO SERVE ON THE CITIZENS' BOND
OVERSIGHT AD-HOC COMMITTEE, TERM ENDING DECEMBER 10, 2011
(340.20)
Council Action: Moved by Council Member Freese, seconded by Mayor pro tem
Kramer, and carried unanimously to appoint Mark E. Winn to serve on the
Citizens' Bond Oversight Ad -Hoc Committee, term ending
December 10, 2011.
ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting
at 10:52 p.m. to Tuesday, May 31, 2011, at 2:00 p.m. for a Joint
City Council/Community Redevelopment Agency — Budget Workshop; and then to
Tuesday, June 7, 2011, at 5:00 p.m. for Closed Session and
6:00 p.m. for tVe public Business Session, in the City Council Chamber.
Resp( Il submitted,
IS, CITYjt�LERK
Approved: June 7, 2011
ATTEST: //
"'Av
,SAM ALLEVATO, MAYOR
13 5/17/2011