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11-0816_CC_Minutes_Regular MeetingMINUTES August 16, 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 (Arrived at 5:08 p.m.), Mayor pro tem Larry Kramer, and Mayor Sam Allevato COUNCIL MEMBERS ABSENT: None PUBLIC COMMENT: • Sally G. Rather, City resident, read a letter regarding the Capistrano Terrace Mobilehome closure submitted to the City Council from herself on May 17, 2010; and provided a handout. • Trevor Dale, City resident, felt that the Capistrano Terrace Mobilehome owners are dragging the process for the last four (4) years; and asked that the City Council follow the City's Mobilehome Park Closure Ordinance. 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 two potential items for initiation of litigation. b. Pursuant to Government Code Section 54956.9(a), the City Council conferred with legal counsel pertaining to existing litigation in the matter of Pierre and Cameron Grenier vs. City of San Juan Capistrano. BUSINESS SESSION: Mayor Allevato called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 6:15 p.m. in the City Council Chamber. Mayor pro tem Kramer led the Pledge of Allegiance and gave the invocation. Kyla Stone, Marco Forster Middle School performed "God Bless the USA." 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. MEETING DEDICATION: Mayor Allevato dedicated the meeting to Mr. Bob Rice, longtime resident, business owner, and volunteer. Orange County Fire Authority Division Chief, Rick Robinson, honored him for his loyal service as a firefighter volunteer and presented his wife Dorotha, and sons Russell and Mike Rice with a "Challenge Coin." ANNOUNCEMENT OF CLOSED SESSION ACTIONS: Omar Sandoval, City Attorney, reported that Council Member Freese recused herself from Closed Session Item B, due to prior recusal and non -participation of the Condition of Approval (CUP) proceedings. • 9111 10`" Anniversary Memorial Committee meeting. • Announced upcoming West Coast Film Festival. Meeting with Continuing Life Communities (CLC) representatives. 1111 Marine Adoption Committee meeting. Meeting with Centra Realty representatives. • Ribbon Cutting Ceremony for Vito's Italian Restaurant. Eagle Scout Court of Honor for resident Jacob Kennamer. • Meeting with Tuttle -Click Ford representatives. INTRODUCTIONS AND PRESENTATIONS RICARDO AND ROSA BEAS OF RICARDO'S PLACE RECOGNIZED AS THE 2011 BUSINESS LEADER OF THE YEAR (610.40) Mayor Allevato recognized Ricardo and Rosa Beas of Ricardo's Place with the Mayor's Award for 2011 Business Leader of the Year for their contributions to the community. Jody Vaughn, District Director, presented them with a Certificate of Recognition from Assemblywoman Diane Harkey. 2. SAN JUAN CAPISTRANO LITTLE LEAGUE SENIOR ALL STAR TEAM RECOGNIZED (610.40) Mayor Allevato recognized the San Juan Capistrano Little League Senior All Star Team for winning the District 68 Championship, and presented them with Certificates of Recognition. Jody Vaughn, District Director, presented them also with a Certificate of Recognition from Assemblywoman Diane Harkey. 3. PRESENTATION OF TIMELINE FOR ALL CONSTRUCTION PROJECTS IN THE CITY FOR THE NEXT THREE (3) YEARS, AND AN UPDATE ON CALTRANS' 1-5 FREEWAY SOUNDWALL PROJECT NEAR CAPISTRANO HOME CENTER (800.10) 5 2 8/16/2011 Public Correspondence: • Petition Submitted on August 9, 2011, from American Horse Products, 3Peace Studio, Renaissance Home Furnishings, Patio Door & Outlet, Capistrano Reef, Comfort Gallery, and Veterinary Medical and Surgical Group, urging construction of the retainer and soundwall until a means of ensuring the survival and vitality of the Capistrano Home Center can be found. • William Cottle, Chief Financial Officer for the Capistrano Home Center, submitted a letter on August 9, 2011, urging to find a way to complete the freeway and interchange improvements without economically devastating the Capistrano Home Center and the businesses operating in it. • Stephanie Frisch, Chamber of Commerce, asking for a resolution for the soundwall issue that will not harm the local businesses. Nasser Abbaszadeh, Public Works Director, provided a PowerPoint presentation, and responded to questions. Public Comments: • Bill Cottle, Capistrano Home Center owner, felt that the Caltrans' Soundwall Project will negatively impact the Capistrano Home Center tenants. • Dennis Penman, Renaissance Home Furnishings, felt that the City should have better protected the City's property/sale tax assets during the approval process; spoke regarding the project's lack of notification, the negative impacts to the Capistrano Home Center; and requested proper freeway and on/off ramps signage for the center. • Stephanie Frisch, Chamber of Commerce, suggested that the City work together with the Capistrano Home Center's business owners, and offered the assistance of the Chamber of Commerce. • Jim Carter, American Horse Products, stated that the Capistrano Home Center depends on freeway visibility; therefore, the proposed soundwall will be detrimental to the business owners in the center. Council Comments: • Suggested agendizing in the future exploring signage for the Capistrano Home Center. • Felt that the City should pursue preventing the soundwall blocking the view of the center by working together with Caltrans to find other solutions. • Important to assist the businesses in the Capistrano Home Center be successful; and felt that the City should proactively work with Caltrans to seek other options. • Concurred that other options need to be looked at, such as shortening the length of the soundwall, and possible mitigation to the adjacent homes by providing double -pane windows. • Felt that the length of the soundwall did not make much sense; and expressed concern with lack of notification of upcoming construction items that have been approved and sitting on a shelf for a few years. 3 8/16/2011 4. UPDATE ON THE 1-5 FREEWAY AND ORTEGA HIGHWAY INTERCHANGE PROJECT — CONSTRUCTION PHASING AND TRAFFIC HANDLING PLANS (800.20) Matt Cougini, Caltrans, provided a PowerPoint presentation, and responded to questions. Council Comments: • Important that the project captures the "look" of San Juan Capistrano. 5. COUNCIL MEMBER FREESE INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Steve Behmerwohld, and Ron Denman, Parks, Recreation and Senior Services Commission; Ilse Byrnes, Open Space, Trails and Equestrian Commission; Tim Markel, Transportation Commission; William Bonney, Housing Advisory Committee; Gerald Muir, Youth Advisory Board and Parks, Recreation and Senior Services Commission; Orange County Fire Authority Division Chief, Rick Robinson; James Littlejohn, Boys & Girls Clubs of Capistrano Valley; Mary Allen West, San Juan Seniors and Stephanie Frisch, Chamber of Commerce President. ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency • Steve Nelson, City resident, spoke regarding illegal immigration issues and referenced a news article written by Tina Griego of the Denver Post. • Ian Smith, City resident, expressed appreciation for the Council decision to get a second legal opinion for the citizens' request for refund of water charges; requested an update related to the Auditing Finance Ad -Hoc Committee; and requested that the City Manager provide her "Weekly Updates" during the City Council meetings. Karen Brust, City Manager, provided a status update of the second legal opinion. Omar Sandoval, City Attorney, provided the next schedule meeting of the Auditing Finance Ad -Hoc Committee. • The following individuals spoke in support of the Boys & Girls Club of Capistrano Valley and expressed gratitude to the City for their continued support of the program: Tom Tillotson, Endevco Vice -President of Human Resources; Bill Cole, Boys and Girls Club President; Dorsey Wellman, City Resident; Pat Peterson, City Resident; Larry Hays, City Resident; David Robinson, City Resident; Desire Butschke, City Resident; and James Littlejohn, Executive Director of the Boys and Girls Club. Mayor Allevato thanked the Boys and Girls Club for the community support they have provided to City. CONSENT CALENDAR: Council Action: Moved by Mayor pro tem Kramer, seconded by Council Member Freese and carried unanimously to approve consent calendar items 1 through 8 as recommended by staff, with Council Member Council Member Reeve opposed to approve consent calendar item 3; and Mayor Allevato and Council Member Reeve abstained from consent calendar item 2. HI 4 8/16/2011 Ll L 1. Motion to Read Ordinance by Title Only 2. CITY COUNCIL MINUTES — REGULAR MEETING OF AUGUST 2, 2011, APPROVED ROLL CALL: AYES: COUNCIL MEMBER: Freese, Taylor and Mayor pro tem Kramer NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Reeve and Mayor Allevato 3. ACCOUNTS PAYABLE WARRANTS DATED AUGUST 5, 2011, IN THE TOTAL AMOUNT OF $4,413,574.64; AND PAYROLL WARRANTS DATED AUGUST 5, 2011 IN THE TOTAL AMOUNT OF $175,644.12; AND WIRE NUMBER DATED JULY 21, 2011 IN THE TOTAL AMOUNT OF $94,418.40, RECEIVED AND FILED (300.30) ROLL CALL: AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None 4. CLAIM OF SAN JUAN HILLS GOLF CLUB DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) 5. CLAIM OF RAYMOND PONCE DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) 6. RESOLUTION NO. 11-08-16-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS WORK WITHIN TRACT 16748, ARCH INSURANCE COMPANY; CITY CLERK DIRECTED TO PROCESS THE RECORDING OF THE NOTICE OF COMPLETION WITH THE ORANGE COUNTY RECORDER, AND AUTHORIZED TO RELEASE THE CORRESPONDING BONDS 35 DAYS AFTER RECORDATION OF NOTICE OF COMPLETION (600.30) 7. ADULT ADVISOR VACANCY DECLARED ON THE YOUTH ADVISORY BOARD; AND CITY CLERK DIRECTED TO SOLICIT APPLICATIONS TO FILL VACANCY, WITH APPLICATIONS DUE SEPTEMBER 15, 2011, 5:30 P.M. (110.20) 8. SECOND AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR CODE ENFORCEMENT SERVICES WITH ANDERSON-PENNA PARTNERS, INC., IN AN AMOUNT NOT TO EXCEED $41,800, APPROVED (600.30) 5 8/16/2011 PUBLIC HEARINGS: $100,000 CITIZENS' OPTION FOR PUBLIC SAFETY GRANT FUNDS (COPS) ALLOCATED FUNDS TOWARDS THE COST OF A DEPUTY SHERIFF FOR THE FISCAL YEAR 201112012, APPROVED (580.10) Lieutenant John Meyer, Chief of Police Services, provided a staff report and responded to questions. Mayor Allevato opened the public hearing and invited testimony. Public Testimony: • Steve Behmerwohld, City resident, spoke in support of allocating the grant to fund a Deputy Sheriff position. Mayor Allevato closed the public hearing. Council Action: Moved by Council Member Reeve, seconded by Council Member Freese, and carried unanimously to approve the allocation of $100,000 Citizens' Option for Public Safety Grant Funds (COPS) towards the cost of a Deputy Sheriff for Fiscal Year 201112012. SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Agency Agenda) ADMINISTRATIVE ITEMS: G1. DEVELOPMENT SERVICES a. CONSIDERATION OF AN APPEAL OF THE DENIAL OF THE TENANT IMPROVEMENT PERMIT BY THE PLANNING COMMISSION FOR A CONVENIENCE STORE LOCATED AT 32252-54 CAMINO CAPISTRANO (APN 668-453-16) (MERCADO EL REY) — CONTINUED TO SEPTEMBER 6, 2011 (460.10) Nick Taylor, Associate Planner, provided a staff report and responded to questions. Grant Taylor, Development Services Director, responded to questions. Public Correspondence: • Dan Friess, appellant (staff decision), submitted correspondence on August 13, 2011, and August 16, 2011, providing information related to increase in intensity, building volume, parking demand and intensification; and felt that the project should be denied based on non -conforming status and be required to obtain a parking variance which will allow a CEQA review of the impacts. • Gina M. Austin, Austin Legal Group, representing Mercado EI Rey, submitted a letter dated August 8, 2011, stating that the proposed convenience store is not an expansion or intensification of the use requiring additional parking spaces to be allocated. 6 8/16/2011 • Terence M. O'Shea, O'Shea Properties, submitted a letter dated August 15, 2011, felt the proposed store is a major intensification of a non -conforming use that should be denied. • Dan Malcolm, Malcolm Properties, submitted correspondence on July 18, 2011, and August 8, 2011, addressing the Notice of Violation matter and informing that Capistrano Partners, LLC, property owner, hired a local architect who has identified a way to increase the existing parking by 17% through the addition of two (2) additional parking spaces. Public Comments: • Dan Friess, appellant (staff decision), provided a presentation; felt that the pending project is a "grocery store" not a "convenience store," therefore, requiring double the parking spaces proposed; expressed concern with lack of available parking; and responded to questions from the City Council. • Dan Malcolm, appellant (Planning Commission decision), provided a presentation; felt that the proposed project does not constitute intensification from the previous retail use; and responded to questions from the City Council. • Ziad Faroj, Mercado EI Rey, stated that it would be unfair to compare the proposed convenience store to a large grocery store; stated that it would cater to walk-ins and to customers who want fast service; and felt it would provide good services to the community. • Ken Friess, City resident, welcomed the proposed use, but felt that there has been a historical parking deficiency for the property, which needs to be brought up to compliance. • Robert William, City resident, supported the proposed use, but expressed f concern with the lack of available parking and increase in traffic. • Jeff Parkhurst, City resident, felt that the proposed project is a "food" store not a "convenience" store, therefore, an intensification of use that would require the property owner to resolve the parking deficiency. • Ginny Kerr, City resident, felt that the proposed project was not an intensification of use because it decreases the square footage open to the public, it uses hand baskets rather than shopping carts, and felt a great deal of customers will walk rather than drive to the store. Council Action: Moved by Council Member Reeve seconded by Council Member Taylor, and carried unanimously to continue the item to September 6, 2011. b. STAFF DIRECTED TO PROCEED WITH THE ENGINEERING DESIGN FOR THE DOG PARK PROJECT (920.40) David Contreras, Senior Planner, provided a staff report and responded to questions. Nasser Abbaszadeh, Public Works Director, and Khoon Tan, Associate Engineer, responded to questions. 7 8/16/2011 Public Comments: • Brad Gates, Open Space Foundation, felt confident that the Open Space Foundation will be able to raise all the funds needed to build the dog park; and responded to questions from the City Council. Council Comments: • Expressed support for the budgeted project to move forward in order to have residents use their open space; and felt that as a City facility it should be designed properly for liability purposes. • Supported the project; felt that a Dog Park is desired by a high number of citizens who own dogs; and thanked the Open Space Foundation for all their hard work. • Always looking for the possibility to reduce costs, but supported to move forward with the project. • Felt that the Dog Park should not be manicured, but look rustic and rural, especially due to its (open space) location; expressed lack of support at this time, as felt it was not an urgent matter; and concerned with unknown maintenance costs. • Supported the design costs in order to have proper engineering services; and felt that it was important to have adequate, ample space. Council Action: Moved by Mayor pro tem Kramer, seconded by Mayor Allevato, and carried 4-1 with Council Member Reeve opposed to direct staff to proceed with the engineering design for the Dog Park project; at an estimated consultant cost of $47,060. ROLL CALL: AYES: COUNCIL MEMBER: NOES: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato Reeve None c. CONTINUING LIFE COMMUNITIES (CLC) — "THE ORCHARDS AT CAPISTRANO" SENIOR • COMMUNITY OPEN SPACE PRESERVATION ALTERNATIVES (PLEASE REFER TO THE COMMUNITY REDEVELOPMENT AGENCY MINUTES OF AUGUST 16, 2019, FOR AGENCY DISCUSSION ON THIS ITEM) — CONTINUED TO SEPTEMBER 20, 2011 (410.60) Public Correspondence: • Mayor Gary Capata, City of Laguna Niguel, submitted correspondence dated August 16, 2011, clarifying that the City of Laguna Niguel has not received, considered, approved, or taken any action related to a request from CLC for vehicular access to the development project/property. Grant Taylor, Development Services Director, provided a staff report and responded to questions. Applicant: • Troy Bourne, Continuing Life Communities (CLC), provided a PowerPoint presentation and responded to questions from the City Council. 8 8/16/2011 11 7 n 1 Public Comments: • Mark Nielsen, City resident, felt it was not justified to give up the option which is of value without having an alternative in place, or final offer for approval. Council Comments: • Felt it was important to carefully look at the Option Agreement before making a decision as to what's more beneficial to the City, as a lot of effort was put into negotiating the agreement. • Felt it was not the right time to dissolve the Option Agreement; would like to be proactive and keep the ball rolling and work together with the City of Laguna Niguel; and expressed preference in bringing the item back together with the Community Redevelopment Agency. • Would not support voting to exercise the option; and suggested having an agreement conditioned upon the City Council voting not to exercise the option. • Felt it would be premature for the City to waive the option; felt more information is needed, such as what the City of Laguna Niguel and the Mercedes Benz dealership are contemplating in return to provide CLC with an alternate access to the property; and felt that there was no need to wait for the Community Redevelopment Agency to be able to make decisions (based on Assembly Bills X1 26 and 27) in order to move forward with the matter. G2. CITY ATTORNEY a. CONSIDERATION OF ORDINANCE RESTRICTING REGISTERED SEX OFFENDERS FROM ENTERING CITY PARKS WITHOUT WRITTEN PERMISSION FROM POLICE SERVICES — CONTINUED TO AN UNCERTAIN DATE (580.50) Omar Sandoval, City Attorney, provided a staff report and responded to questions. Mayor Allevato requested to play a clip from the interview of Jaycee Dugard by Diane Sawyer. Public Comments: • Lt. John Meyer, Chief of Police Services, stated that any ordinance protecting children and keeping predators out of the parks is supported; however, at the direction of the County Counsel, an amendment to the Law Enforcement Services Contract will be needed indemnifying the County, if an ordinance was adopted with the waiver provision. ■ Susan Kang Schroeder, Chief of Staff, Orange County District Attorney, provided information related to sex offender cases; asked the City Council to support the ordinance; and responded to questions. 9 8/16/2011 Council Comments: ■ Felt that all the parks listed in the ordinance needed to be double checked to make sure all are listed. • Expressed preference in Option 2 (Modified Version of the County Child Safety Ordinance), but expressed concerns with adopting the ordinance for political reasons, lack of support from the Sheriffs Department, and potential litigation and liability; and suggested continuing the item until all the parks listed have been checked for accuracy and allow further discussion on the matter with the Sheriffs Department. ■ Expressed concern with potential litigation, but felt it was important to adopt the toughest ordinance in order to protect children (Option 1). ■ Concern with potential legal litigations against the City. ■ Felt that the ordinance would be a useful tool for Police Services; felt that the parks affected will need a close look, and expressed concern with events held at the RMV Riding Park; and concurred to continue the item in order to receive additional information with all the concerns raised at the meeting. Council Action: Moved by Council Member Freese, seconded by Council Member Reeve, and carried unanimously to continue the item to an uncertain date. ORDINANCES: 1. ORDINANCE NO. 989: ADOPTED ELECTING TO COMPLY WITH AND PARTICIPATE IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM PURSUANT TO ASSEMBLY BILL 1X 27 (400.80) Council Member Taylor recused himself and left -the Council Chamber due to proximity of numerous Redevelopment Agency properties to his residence. 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 3-1-1 with Council Member Taylor recused and Council Member Reeve opposed to adopt Ordinance No. 989, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ELECTING TO COMPLY WITH AND PARTICIPATE IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM CONTAINED IN PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE" (This ordinance shall be effective thirty (30) days from and after the date of the final passage and adoption hereof, provided that it shall not be implemented unless and until the stay issued by the California Supreme Court on August 11. 2011, in the matter of California Redevelopment Association et al. vs. Matosantos (Case No. S194861) is lifted.) 10 8/16/2011 G f n L L ROLL CALL: AYES: COUNCIL MEMBER: Freese, Kramer and Mayor Allevato NOES: COUNCIL MEMBER: Reeve RECUSED: COUNCIL MEMBER: Taylor COUNCILMANIC ITEMS: 1. DISCUSSION REGARDING IMPLEMENTING A 4T" OF JULY FIREWORKS FUNDRAISING PLAN (150.60) Council Comments: ■ Suggested implementing a fundraising plan for next year's 4th of July Fireworks event. ■ Suggested Council Member Freese and Council Member Reeve join an existing Committee to assist raising funds for the 4th of July Fireworks event. ■ Preference in seeking sponsors to cover the cost of the fireworks only, not the costs for the entire event. ■ Council concurred in setting a fundraising goal of $32,000. Council Action: Moved by Mayor Allevato, seconded by Council Member Taylor, and carried unanimously to recommend Council Member Freese and Council Member Reeve to represent the City in an Ad -Hoc Committee (not subject to the Brown Act) to raise funds for the 2012 4th of July Fireworks event. 2. COUNCIL MEMBER TAYLOR SELECTED AS THE VOTING DELEGATE; MAYOR PRO TEM KRAMER SELECTED AS ALTERNATE VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES 2011 ANNUAL CONFERENCE (140.20) Council Action: Moved by Council Member Freese, seconded by Council Member Reeve and carried unanimously to select Council Member Taylor as the voting delegate, and Mayor pro tem Kramer as the alternate voting delegate for the League of California Cities 2011 Annual Conference. ADJOURNMENT: There being no further business Mayor Allevato adjourned the meeting at 11:50 p.m. to Tuesday, September 6, 2011, at 5:00 p.m. for Closed Session and 6:00 p.m. for the public Business Session, in the Council Chamber. 11 8/16/2011 Approved: September 6, 2011 5 11 12 8/16/2011