11-0920_CC_Minutes_Regular MeetingMINUTES
SEPTEMBER 20, 2011
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Allevato called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 6:05 p.m. in the City Council Chamber.
Mayor pro tem Kramer led the Pledge of Allegiance, and Council Member Freese
gave the invocation. Nicole Reindorp, Capistrano Valley Christian School 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.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• 9111 Memorial event.
• South Orange County Wastewater Authority meeting.
• League of California Cities — Orange County Division meeting.
• Creek Clean -Up event.
• Tour of plant restoration area of the northwest area of the City.
• Caltrans/1-5 Ortega Aesthetics Team Report Briefing.
• Meeting with Caltrans regarding 1-5 Freeway proposed Soundwall.
• Toll Road Board of Directors' meeting.
• Ribbon Cutting Ceremony for State Farm Insurance.
• La Pata Gap Closure Briefing.
• Meeting with Assemblywoman Harkey.
INTRODUCTIONS AND PRESENTATIONS
1. SERGEANT MAX CHANCE RECOGNIZED ON HIS RECENT RETIREMENT
(610.40)
Mayor Allevato recognized Sergeant Max Chance on his recent retirement after
more than 30 years of service with the Orange County Sheriffs Department,
including 7 years of service to the City of San Juan Capsitrano, and presented
him with a plaque of recognition. Shig Kinoshita, Associated Senior Action Plan
(ASAP), provided him with a plaque of appreciation.
2. CALTRANS I-5/ORTEGA HIGHWAY INTERCHANGE PROJECT —
ALTERNATIVE #3; AESTHETICS TEAM REVIEW — CONTINUED TO
OCTOBER 18, 2011 (800.20)
3. MAYOR PRO TEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Rob William, Planning Commission; Rob Ferguson, Open
Space, Trails and Equestrian Commission; Steve Behmerwohld, and Ron
Denman, Parks, Recreation and Senior Services Commission; William Bonney,
Housing Advisory Committee; Gerald Muir, Youth Advisory Board and Parks,
Recreation and Senior Services Commission; and Janelle Janke, Jameson
Johnson, and Anam Sadruddoin, Youth Advisory Board.
ORAL COMMUNICATIONS: City Council and Community Redevelopment Agency
• Michael Hazzard, City resident, asked the City Council to be cautious regarding
a project presented at a previous meeting from South Coast Chapter of
Trout Unlimited; felt that the project is unnecessary and a multi-million scam.
• Richard Gardner, Capistrano Beach resident, spoke against a proposed
modification to the Ocean Desalinization project, asked to agendize the matter to a
future City Council meeting; and expressed lack of support for the Transportation
Corridor Agency's extension assessment report.
• Roberta Ferguson, City resident, felt that a recent home Bible Study violation given
to the Fromm family is not justified, as is not well defined within the Municipal Code.
Omar Sandoval, City Attorney, stated that the San Juan Capistrano Municipal Code
does not prohibit Home Bible Studies, and read the City's response to inquiries
regarding the matter.
• Rob Ferguson, City resident, spoke regarding the recent home Bible Study violation
given to the Fromm family; and suggested that the Municipal Code be reviewed to
define what an organization is.
• Kim McCarthy, City resident, spoke regarding a public meeting held in Dana Point
by the San Clemente Border Patrol; felt that the City should have notified its
residents regarding this meeting; and asked that the City Council invite the
San Clemente Border Patrol to hold a meeting in San Juan Capistrano.
• Shelby Cunningham, City resident, expressed concern with recent railroad crossing
signal arms malfunctioning and traffic signal lights not helping alleviate the problem.
Alan Oswald, Senior Traffic Engineer, stated that Police Services was notified.
• Roy Byrnes, City resident, asked that the City Council agendize the City's status
regarding unfunded pension and healthcare liabilities. Council Member
Reeve asked to agendize the matter and also to agendize the Bible Study violation
matter. Karen P. Brust, City Manager, stated that the City is working with the
Orange County Employees Retirement System regarding unfunded pension
obligation, and will agendize as soon as the information needed is available.
• Clint Worthington, City resident, indicated that Metrolink is responsible for the
maintenance of the railroad crossing signal arms; stated that studies are not liable,
as he felt that the bonds for the Toll Roads had to be refinanced, and the City's
water increases will not cover the deficit in the Utilities Department.
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CONSENT CALENDAR:
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor and carried unanimously to approve consent calendar items 1
through 8 as recommended by staff, with Council Member Taylor abstained from
consent calendar item 3, and Council Member Reeve opposed to consent calendar
items 3, 7 and 8.
1. Motion to Read Ordinance by Title Only
2. CITY COUNCIL MINUTES — REGULAR MEETING OF SEPTEMBER 6, 2011,
APPROVED.
3. CHECK REGISTER FOR WIRES DATED AUGUST 24, 2011, IN THE TOTAL
AMOUNT OF $28,286.04; AND CHECK REGISTER FOR WIRES AND
ACCOUNTS PAYABLE CHECKS DATED AUGUST 6 TO AUGUST 26
THROUGH SEPTEMBER 8, 2011, IN THE TOTAL AMOUNT OF $2,147,066.56;
AND PAYROLL CHECKS DATED SEPTEMBER 2, 2011, IN THE TOTAL
AMOUNT OF $282,176.23, RECEIVED AND FILED (300.30)
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
ABSTAINED: COUNCIL MEMBER:
Freese, Kramer and Mayor Allevato
Reeve
None
Taylor
4. REPORT OF INVESTMENTS — MONTH ENDING JULY 2011, RECEIVED AND
FILED (350.30)
5. CLAIM OF JODIE BULLOCK DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
6. CLAIM OF DOUGLAS WALLACE DENIED BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.70)
7. PERSONAL SERVICES AGREEMENT WITH BOGHOSSIAN AND
ASSOCIATES, INC. TO PERFORM DESIGN SERVICES FOR THE EAST
OPEN SPACE TRAILS PROJECT (CIP 11203) IN THE AMOUNT OF $29,880,
APPROVED (600.30)
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Freese, Taylor, Kramer and Mayor Allevato
Reeve
None
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8. RESOLUTION 11-09-20-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA
RIVER PARKWAYS GRANT PROGRAM UNDER THE SAFE DRINKING
WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND
COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) (530.10)
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor, Kramer and Mayor Allevato
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
9. ENCROACHMENT PERMIT FOR THE CLOSURE AND USE OF CERTAIN
CITY BIKE TRAILS AND/OR STREETS AS AN ALTERNATIVE BIKE ROUTE
CONTINGENCY PLAN AS A PART OF THE ORANGEMAN TRIATHLON
BICYCLE COURSE, SCHEDULED FOR SEPTEMBER 25, 2011, APPROVED
(150.60)
Alan Oswald, Senior Traffic Engineer, provided a staff report and responded to
questions.
Council Comments:
• Could not support the event, as felt it was a major intrusion for the City, the
County and to commuters.
Council Action: Moved by Council Member Freese seconded by
Council Member Taylor, and carried 3-2 with Council Member Reeve and Mayor
Allevato opposed to approve an encroachment permit for the closure and use of
certain city bike trails and/or streets as an alternative bike route contingency plan
as a part of the Orangeman. Triathlon bicycle course, scheduled for
September 25, 2011.
ROLL CALL:
AYES: COUNCIL MEMBER: Freese, Taylor and Mayor pro tem Kramer
NOES: COUNCIL MEMBER: Reeve and Mayor Allevato
ABSENT: COUNCIL MEMBER: None
10. TRAFFIC MANAGEMENT STRATEGIES ADDRESSING TRAFFIC SAFETY
CONCERNS ON CAMINO LA RONDA, RECEIVED AND FILED (590.60)
Mayor pro tem Kramer recused himself and stepped out of the Council Chamber
due to the proximity of his residence to the concerned area.
Public Correspondence:
• The following City residents submitted correspondence thanking the City for
traffic law enforcement on Camino La Ronda and asked for long-term
solutions: Trevor Dale; Cori Armstrong; Deanne Duplissey; Bill and
Diane Dukos; Levi Molnar; Jean Molnar; Steve and Linda Hall; and Ingrid
Szalwinski. 7
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Public Comments:
• Diane Dukos, City resident, spoke regarding the traffic safety issues on
Camino La Ronda; and asked that something be done soon to address all
the traffic concerns.
David Koffs, City resident, spoke regarding traffic concerns on Camino La
Ronda; and asked to look into solutions to slow down the speed in which
vehicles travel on that road.
Council Comments:
• Suggested having two (2) members of the City Council conduct a
neighborhood meeting with staff in order to gather public input and forward to
the Transportation Commission for their recommendation.
Council Action: Moved by Council Member Freese seconded by
Council Member Reeve, and carried 4-0-1 with Mayor pro tem Kramer recused to
authorize Council Member Taylor and Mayor Allevato to hold a neighborhood
meeting with staff in order to gather public input and forward to the
Transportation Commission for their recommendation.
ROLL CALL:
AYES:
COUNCIL MEMBER:
Freese, Reeve, Taylor and Mayor Allevato
NOES:
COUNCIL MEMBER:
None
ABSENT:
COUNCIL MEMBER:
None
RECUSED:
COUNCIL MEMBER:
Mayor pro tem Kramer
11. JOINT FACILITY USE AGREEMENT BETWEEN THE CITY OF SAN JUAN
I CAPISTRANO AND THE CAPISTRANO UNIFIED SCHOOL DISTRICT (CUSD)
FOR THE ROLLER HOCKEYIMULTIPURPOSE FACILITY LOCATED AT
3 VIA POSITIVA, APPROVED (600.50)
12. STATUS UPDATE ON THE BUSINESS LICENSE AMNESTY ORDINANCE,
RECEIVED AND FILED (390.60)
PUBLIC HEARINGS: None
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to
Agency Agenda)
ADMINISTRATIVE ITEMS:
G1. DEVELOPMENT SERVICES
a. CONSIDERATION OF PROJECT UPDATE FOR THE EAST OPEN SPACE
LEMON GROVE SITE — PARCEL NO. 8 (420.10)
David Contreras, Senior Planner, and Khoon Tan, Associate Engineer, provided
a PowerPoint presentation and responded to questions.
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Council Comments:
• Suggested having a community -wide contest to name the park.
• Suggested referring future phases to proper commissions/committees for
review and recommendations.
• Consider removing the word "corporate" from the proposed picnic areas.
• Would like to have community input on the development of future phases.
• Suggested reviewing the property lease with The Oaks since the property is
listed for sale and consider eliminating, and instead consider using the
property as a possible equestrian staging or parking area.
• Consider using the Caretaker/Administrative Area as a property manager
office with possible office space for meetings.
• In order to provide public access by Spring 2012, it was
suggested phasing the project and implementing short-term improvements
with the following as Phase 1: 1) install irrigation system and water source
connection, and picnic benches by March 2012; 2) citrus tree planting in April
2011 (by RMV); 3) construct trails in summer 2012 (proposed funding from
FY 2012-2013; 4) start with a rustic road (gravel or decomposed granite);
5) not undergrounding the power poles and overhead lines during this phase;
6) not constructing sewer/water infrastructure at this time, but instead use
potable restrooms; and 6) Land Use Allocation (Master Plan) to be
completed under a future phase.
Council Action: Moved by Council Member Freese, seconded by
Council Member Taylor, and carried unanimously to direct staff to conduct a
community -wide contest to name the park; and phase the improvements, with the
following as part of Phase 1 in order to provide public access by
Spring 2012: 17
1) Install irrigation system and water source connection, and picnic
benches by March 2012;
2) Citrus tree planting in April 2011 (by RMV);
3) Construct trails in summer 2012 (proposed funding from FY 2012-13);
4) Start with a rustic road (gravel or decomposed granite);
5) Not undergrounding the power poles and overhead lines during this
phase;
6) Not constructing sewer/water infrastructure at this time, but instead use
potable restrooms; and
7) Land Use Allocation (Master Plan) to be completed under a future
phase.
b. CONSIDERATION OF CONTINUING LIFE COMMUNITIES (CLC) — "THE
ORCHARDS AT CAPISTRANO" SENIOR COMMUNITY OPEN
PRESERVATION ALTERNATIVES" (420.10)
Public Correspondence:
• Troy Bourne, Continuing Life Communities (CLC), submitted a project
overview.
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Grant Taylor, Development Services Director, provided a staff report and
responded to questions.
Applicant:
• Troy Bourne, Continuing Life Communities (CLC), responded to questions.
Public Comments:
• The following individuals expressed concern with terminating the Option
Agreement: Dave Mildrew, So Cal Blues Soccer Club; Mark Rumbaugh,
United Futbol Club; Rainer Wulf, So Cal Blues Soccer Club; Jon Jezierski,
So Cal Blues Soccer Club; Paul Cousineau, Ranch Soccer Complex/So Cal
Blues Soccer Club; Fred Berg, So Cal Blues Soccer Club; and Mark Nielsen,
City resident.
Council Comments:
• Expressed support for the project; expressed concern in giving up the Option
Agreement; and stated preference in waiting to take any action until the City
conducts a meeting with the City of Laguna Niguel, Continuing Life
Communities (CLC), and the Mercedes Benz Dealership to discuss potential
alternate access to the project site.
• Concurred with the City conducting a meeting with all parties involved; and
would like an appraisal conducted.
• Expressed support for the project; should look into the possibility of CLC
covering the cost to develop soccer fields in another location in the City, if
the 20 acres is developed and are no longer soccer fields; and would prefer
the Option Agreement to be contingent upon CLC getting access to the
project site.
• Felt that having an appraisal would take too long, preference in making a
decision as soon as possible; will be supportive of waiting until the City
meets with all parties involved, as long as it's done quickly.
• Felt that the matter is a fundamental property right issue; stated that the City
does not have $10 million to exercise the Option Agreement; the City
diligently worked without success to obtain a public at -grade crossing for
property access; expressed preference in terminating the
Option Agreement contingent upon the adoption of the project overview,
and receive access approvals from the Mercedes Benz dealership and the
City of Laguna Niguel; and suggested the possibility of having the
soccer league groups partnering with the City to build soccer fields in
Phase 2 of the Northwest Open Space.
Council Action: Moved by Mayor Allevato, seconded by
Council Member Freese, and carried unanimously to terminate the
Option Agreement contingent upon the following approvals:
1) Entitlement approval from the City of San Juan Capistrano;
2) Approval from Mercedes Benz;
3) Approval from the City of Laguna Niguel; and
L4) Approval from any other outside governmental agencies.
ORDINANCES: None
7 9/20/2011
COUNCILMANIC ITEMS:
1.
2.
DISCUSSION OF "SAN JUAN CAPISTRANO RIGHT TO WORK ACT" —
CONTINUED TO A FUTURE MEETING IN OCTOBER 2011 (660.10)
Public Comments:
■ Steve Behmerwohld, City resident, expressed concern with the proposed
ordinance, and felt that it lacks criteria and guidelines for implementation.
DECORUM OF THE CITY COUNCIL (610.30)
Public Correspondence:
■ Marsha Norman, City resident, submitted an e-mail on September 19, 2011,
supporting the right of Freedom of Speech, and felt that matter should not
have been agendize.
Public Comments:
■ The following individuals spoke in support of the right to exercise the
1St Amendment to the United States Constitution — Freedom of Speech:
Vaughn Becht, CCIR; Barbara Coe, CCIR-(provided handout); Karen Lugo,
City of Yorba Linda; Steven Amundson, Huntington Beach resident (provided
handouts and two copies of "Muslim Mafia" by P. David Gaubatz and
Paul Sperry); Ken Williams, City resident; Linda Cone, Yorba Linda resident;
Steve Nelson, City resident; Lynn Williams, City resident; Allyn Rowley,
City resident; Bruce Mayall, Mission Viejo resident; Robert Lauten, Brea
resident (provided handouts); Evelyn Miller, Irvine resident; Kim Lefner,
City resident; Orrie Brown, City resident; and Alvin Ehrig, City resident.
Council Comments:
■ Felt that Council Members, as leaders, should follow a higher standard of
conduct, respect all minorities, respect their fellow man, and be decorous at
the dais.
■ Felt that the matter is not a 1St Amendment issue, but an issue of conduct
from a public official who is responsible for representing the entire
community; and also need to take into consideration the possibility of
creating a hostile work environment for City employees.
■ Explained that the reason behind his comment at a previous Council Meeting
of naming his dog "Mohamed" was to teach his children about freedom of
speech and religion, and recognize children and adults in other societies who
do not share the same freedom and rights as citizens in America; described
other matters that should have a higher priority for discussion; and felt
that the comment made does not rise to the level of creating a possible
hostile work environment.
■ Felt that offensive statements made in a public forum by a Council Member
deserve an apology to those who were offended.
■ Freedom of Speech is very valuable, but agreed that public officials should
follow proper decorum, and keep in mind that City Council members
represent "all of the people and not just some of the people."
8 9/20/2011
ADJOURNMENT:
There being no further business Mayor Allevato adjourned the meeting
LI at 12:00 a.m. to Tuesday, October 4, 2011, at 5:00 p.m. for
Closed Session and 6:00 p.m. for the public Business Session, in the Council Chamber.
Respectf Ily mitted,
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MARIA, S, CITY ERK
Approved: October 4, 2011
ATTEST:
S M ALLEVATO, MAYOR
9/20/2011