15-0303_CC_Minutes_Regular Meeting MINUTES
March 3, 2015
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: Please refer to separate Special Meeting minutes.
BUSINESS SESSION:
Mayor Reeve called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 5:20 p.m. in the City Council Chamber.
Council Member Perry led the Pledge of Allegiance and Council Member Allevato gave
the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Sara Allevato (left the Council Chamber at
9:16 p.m.), Kerry K. Ferguson, John M. Perry, Mayor pro tem Pam Patterson, Esq. and
Mayor Derek Reeve.
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:
• California Department of Resources Drought Workshop.
• Los Rios Community Meeting.
• Saddleback Valley Economic Coalition Luncheon.
• Capistrano Villas Community Meetings.
• Orange County Vector Control Meeting.
• Mission Preservation Foundation Event.
• Capistrano Villas Smoke Alarm Installation Event.
• Orange County Collaborative Services Summit,
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM PATTERSON INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Ilse Byrnes, Open Space, Trails and
Equestrian Commission; Gerald Muir, Parks, Recreation and Senior Services
Commission and Youth Advisory Board; Ron Denman, Kathy Hooper and Steve
Behmerwohld, Parks, Recreation and Senior Services Commission; and Grant
Kinsey, Youth Advisory Board.
2. FEBRUARY 1, 2015, THROUGH APRIL 30, 2015, PROCLAIMED AS FIESTA
DE LAS GOLONDRINAS; AND THE FIESTA ASSOCIATION JUDGE
CONDUCTED THE ANNUAL "HANGING OF THE MAYOR" (610.40)
3. LIEUTENANT SCOTT SPALDING INTRODUCED AS THE NEW CHIEF OF
POLICE SERVICES (610.40)
1
4. PRESENTATION PROVIDED BY THE ORANGE COUNTY FIRE AUTHORITY
REGARDING THE RECENT SMOKE ALARM CAMPAIGN IN THE
CAPISTRANO VILLAS (585.10)
ORAL COMMUNICATIONS:
• Debbie Weddle, Laguna Niguel resident; Dr. Steve Cullen, San Clemente resident;
Mark Speros, City resident; Steve Behmerwohld, City resident; Frank Marmolejo
and Sue Reese, Laguna Beach residents.
CONSENT CALENDAR:
Council Action: Moved by Council Member Allevato, seconded by Council Member
Ferguson, and carried unanimously to approve consent calendar items 1 through 7, 9,
11 and 12, as recommended by staff, with Council Member Perry and Council Member
Ferguson abstaining from consent calendar 5.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING (CLOSED SESSION) OF
FEBRUARY 3, 2015, APPROVED.
3. CITY COUNCIL MINUTES — SPECIAL MEETING OF FEBRUARY 17, 2015,
APPROVED.
4. CITY COUNCIL MINUTES — REGULAR MEETING OF FEBRUARY 17, 2015,
APPROVED.
5. CHECK REGISTERS FOR ELECTRONIC TRANSACTIONS DATED
FEBRUARY 6, 2015, TO FEBRUARY 19, 2015; PAYROLL (CHECKS) DATED
FEBRUARY 13, 2015; PAYROLL (DIRECT DEPOSITS) DATED FEBRUARY 13,
2015, RECEIVED AND FILED (300.30)
Council Member Ferguson abstained due to a business relationship with Excel
Electric. Council Member Perry abstained due to .his former employment with
San Juan Hills Golf Club.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Ferguson and Perry
6. CASH AND INVESTMENT REPORT FOR MONTH ENDED
JANUARY 31, 2015, RECEIVED AND FILED (350.30)
7. CLOSURE OF CITY HALL FOR FRIDAY, MARCH 20, 2015, FROM 2:00 P.M.
TO 4:30 P.M., IN RECOGNITION OF "HOOS'GOW DAY," APPROVED (200.10)
2 3/3/2015
8. SUPPORT LETTER TO THE STATE OF CALIFORNIA'S OFFICE OF HISTORIC
PRESERVATION NOMINATING THE SAN DIEGO GAS AND ELECTRIC
COMPANY BUILDING TO THE NATIONAL REGISTER OF HISTORIC PLACES
LOCATED AT 31050 CAMINO CAPISTRANO (APN 649-052-04), APPROVED;
AND MAYOR AUTHORIZED TO SIGN THE LETTER (910.50)
Charles View, Development Services Director, provided a staff report.
® Public Correspondence: Kathleen Petersen, City resident.
Public Comments: Kathleen Petersen, City resident,
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Patterson, and carried unanimously to support a letter to the State of California's
Office of Historic Preservation nominating the San Diego Gas and Electric
Company building to the National Register of Historic Places located at 31050
Camino Capistrano (APN 649-052-04); and to authorize the Mayor to sign the
letter.
9. PERSONAL SERVICES AGREEMENT WITH GARDEN STATE FIREWORKS,
INC. FOR THE 4T" OF JULY CELEBRATION AERIAL FIREWORKS DISPLAY,
APPROVED (600.30)
10. AGREEMENT WITH BROWNSTEIN HYATT FARBER SCHRECK FOR PHASE
1 AND PHASE 2 OF THE PROPOSED WORK PLAN FOR INVESTIGATING A
POTENTIAL CHANGE IN THE ORGANIZATION OF THE CITY'S WATER,
SEWER AND STORMWATER UTILITY, FOR AN AMOUNT NOT TO EXCEED
$45,000, APPROVED; MAYOR AUTHORIZED TO EXECUTE THE
AGREEMENT; AND, APPROPRIATION OF $38,450 FROM THE WATER
ENTERPRISE OPERATIONS FUND RESERVE, $6,140 FROM THE SEWER
ENTERPRISE OPERATIONS FUND RESERVE AND $410 FROM THE
GENERAL FUND RESERVE FOR THE COST OF THE AGREEMENT,
APPROVED (600.30)
Karen P. Brust, City Manager, provided an agenda report. Stephanie Hastings,
Brownstein Hyatt Farber Schreck, responded to questions.
Council Action: Moved by Mayor Reeve, seconded by Council Member
Ferguson, and carried 4-1 with Council Member Allevato opposed to approve an
agreement with Brownstein Hyatt Farber Schreck for Phase 1 and Phase 2 of the
proposed work plan for investigating a potential change in the organization of the
City's water, sewer and stormwater utility, for an amount not to exceed $45,000; r
authorize the Mayor to execute the agreement; and, approve appropriation of
$38,450 from the water enterprise operations fund reserve, $6,140 from the
sewer enterprise operations fund reserve and $410 from the General Fund
Reserve for the cost of the agreement.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
3 3/3/2015
11. PERSONAL SERVICES AGREEMENT WITH AMSC ENVIRONMENTAL &
INFRASTRUCTURE, INC., FOR THE STORM WATER QUALITY PROGRAM
AS-NEEDED SUPPORT SERVICES, APPROVED (600.30)
12. REQUEST FOR THE ORANGE COUNTY TRANSPORTATION AUTHORITY
MEASURE M2 ARTERIAL CAPACITY ENHANCEMENT PROGRAM FUNDING
DEFERRAL FOR THE RIGHT-OF-WAY PHASE OF THE ORTEGA HIGHWAY
(SR-74) "CITY-SEGMENT" WIDENING PROJECT, APPROVED (820.25)
PUBLIC HEARINGS: None.
SAN JUAN CAPISTRANO HOUSING AUTHORITY: (Refer to Housing Authority
Minutes)
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
ADMINISTRATIVE ITEMS:
H1 DEVELOPMENT SERVICES AND COMMUNITY SERVICES
a. CONSIDERATION OF THE RESTRUCTURING OF THE OPEN SPACE,
TRAILS AND EQUESTRIAN AND THE PARKS, RECREATION AND SENIOR
SERVICES COMMISSIONS (110.20)
Charlie View, Development Services Director, and Cynthia Alexander,
Community Services Director, provided an agenda report and responded to
questions.
• Public Correspondence: Rob Ferguson, City resident.
• Public Comment: Kathy Hooper, City resident.
Council Action: Moved by Mayor Reeve, seconded by Council Member Perry,
and carried 4-1 with Council Member Allevato opposed to have the
Parks, Recreation, Senior and Youth Commission created, and that this
Commission be modified to include the jurisdiction of Open Space; and for the
previous Commission to be the Trails and Equestrian Commission.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
H2 PUBLIC WORKS
a. DIRECTION PROVIDED ON THE PROPOSED TROLLEY PROGRAM (940.40)
— NO FORMAL ACTION TAKEN
George Alvarez, City Engineer, provided an agenda report and responded to
questions.
4 3/3/2015
ORDINANCES: None.
COUNCILMANIC ITEMS:
DISCUSSION REGARDING THE PLANNING COMMISSION APPOINTMENT
PROCESS; AND THE REVIEW OF CITY COUNCIL POLICIES RELATED TO
THE CITY'S COMMISSIONS, COMMITTEES AND BOARDS (440.401610.30) --
NO FORMAL ACTION TAKEN
Mayor Reeve provided a report.
2. DISCUSSION REGARDING A RESIDENTIAL RENTAL UNIT INSPECTION AND
CRIME-FREE RESIDENTIAL HOUSING PROGRAM FOR THE CITY OF SAN
JUAN CAPISTRANO (430.30)
Council Member Allevato provided a report.
• Public Correspondence: Dan Buckner, City resident.
• Public Comments: Dan Buckner, City resident; Joshimi Zemba, City resident;
and Laura Freese, City resident.
Council Action: Moved by Council Member Allevato, seconded by
Mayor pro tem Patterson, and carried unanimously for Mayor to appoint a
Mayoral Ad-Hoc Sub-Committee for purposes of researching, documenting, and
creating a Residential Rental Unit Inspection and Crime-Free Residential
Housing Program, for consideration.
3. CONSIDERATION OF REVISING MEMBERSHIP ON CITY COMMISSIONS
AND COMMITTEES (110.20) — NO FORMAL ACTION TAKEN
Maria Morris, City Clerk, provided an agenda report.
4. REGULAR MEETING SCHEDULE REVISED BY CANCELLING THE CITY
COUNCIL MEETINGS FOR MAY 19, 2015, JULY 7, 2015, NOVEMBER 17,
2015, AND JANUARY 5, 2016, APPROVED (610.10)
Maria Morris, City Clerk, provided an agenda report.
Council Action: Moved by Council Member Perry, seconded by
Council Member Allevato, and carried unanimously to approve revision of the
regular meeting schedule of the City Council by cancelling the
City Council Meetings of May 19, 2015, July 7, 2015, November 17, 2015, and
January 5, 2016.
5 3/3/2015
5. MAYOR AUTHORIZED TO EXECUTE A LETTER EXPRESSING OPPOSITION
TO SENATE RESOLUTION SJR 4, INTRODUCED BY SENATOR RICARDO
LARA WHICH RELOCATES THE FATHER JUNIPERO SERRA STATUE FROM
THE UNITED STATES CAPITOL TO THE CALIFORNIA CAPITOL, APPROVED;
STAFF DIRECTED TO FORWARD THE LETTER TO THE HONORABLE
SENATOR RICARDO LARA (640.80)
Mayor Reeve provided a report.
Public Comments; Laura Freese, City resident.
Council Action: Moved by Council Member Ferguson, seconded by
Council Member Perry, and carried unanimously to authorize the Mayor to
execute a letter expressing opposition to Senate Resolution SJR 4, introduced by
Senator Ricardo Lara which relocates the Father Junipero Serra Statue from the
United States Capitol to the California Capitol; with the caveat that the Mayor be
authorized to include additional reinforcing language, and staff directed to
forward the letter to the Honorable Senator Ricardo Lara, including State
representatives.
6. CONSIDERATION OF APPOINTMENT OF CITY COUNCIL
REPRESENTATIVES TO OUTSIDE AGENCIES; RESOLUTION DESIGNATING
REPRESENTATIVE AND ALTERNATE TO THE ORANGE COUNTY FIRE
AUTHORITY'S BOARD OF DIRECTORS; AND UPDATE AND POSTING OF
THE FAIR POLITICAL PRACTICES COMMISSION (FPPC) FORM 808 ON THE
CITY'S WEBSITE (610.60) — CONTINUED FROM DECEMBER 16, 2014,
JANUARY 20, 2015, AND FEBRUARY 17, 2015
Maria Morris, City Clerk, provided an Agenda Report.
SONGS Decommissioning Community Engagement Panel
Moved by Mayor Reeve, seconded by Council Member Allevato, and carried
unanimously to appoint Mayor pro tem Patterson to the San Onofre Nuclear
Generating Station (SONGS) Decommissioning Community Engagement Panel,
to continue the remainder of the current term.
South Orange County Wastewater Authority Joint Powers Authority (SOCWA)
Moved by Mayor Reeve, seconded by Council Member Allevato, and carried
unanimously to appoint Council Member Perry as the Alternate to the
South Orange County Wastewater Authority Joint Powers Authority.
South Orange County Watershed Management Area SOCWMA
Moved by Mayor Reeve, seconded by Council Member Ferguson, and carried
unanimously to appoint Council Member Perry as an Alternate to the
South Orange County Watershed Management Area.
6 3/3/2015
Desalination Proiect Participate Committee
Moved by Mayor Reeve, seconded by Council Member Ferguson, and carried
unanimously to appoint Council Member Perry as the Member to the
Desalination Project Participate Committee.
South County Agencies Group
Moved by Mayor pro tem Patterson, seconded by Mayor Reeve, and carried
unanimously to appoint Council Member Perry as the Member to the
South County Agencies Group.
San Juan Basin Authority
Moved by Mayor Reeve, seconded by Mayor pro tem Patterson, and carried
unanimously to appoint Council Member Perry as the Member to the San Juan
Basin Authority.
California Joint Powers Insurance Authority CJPIA
Moved by Mayor pro tem Patterson, seconded by Council Member Ferguson,
and carried 3-0-1 with Council Member Allevato absent and Mayor Reeve
abstained to remove Council Member Allevato as the Alternate to the California
Joint Powers Insurance Authority.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry and Patterson
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
ABSTAINED: COUNCIL MEMBER: Mayor Reeve
California Joint Powers Insurance Authority CJPIA
Moved by Mayor Reeve, seconded by Mayor pro tem Patterson, and carried 4-0
with Council Member Allevato absent to appoint Council Member Perry as the
Alternate to the California Joint Powers Insurance Authority.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
Transportation Corridors Agencies Foothill/Eastern & San Joaquin Hills
Moved by Council Member Perry, seconded by Mayor pro tem Patterson, and
carried 3-0-1 with Council Member Allevato absent and Mayor Reeve abstained
to remove Council Member Allevato as the Member to the Transportation
Corridors Agencies (Foothill/Eastern 241 Toll Road & San Joaquin Hills 73 Toll
Road).
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry and Patterson
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
ABSTAINED: COUNCIL MEMBER: Mayor Reeve
7 3/3/2015
Transportation Corridors Agencies Foothill/Eastern & San Joaquin Hills
Moved by Council Member Perry, seconded by Mayor Reeve, and carried 4-0
with Council Member Allevato absent to appoint Council Member Ferguson as
the Member to the Transportation Corridors Agencies (Foothill/Eastern 241 Toll
Road & San Joaquin Hills 73 Toll Road).
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
Orange Count' Fire Authority (OCFA)
Moved by Mayor pro tem Patterson, seconded by Council Member Perry, and
carried 3-0-1 with Council Member Allevato absent and Mayor Reeve abstained
to remove Council Member Allevato as the Member to the Orange County Fire
Authority.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry and Patterson
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
ABSTAINED: COUNCIL MEMBER: Mayor Reeve
Orange County Fire Authority (OCFA)
Moved by Mayor pro tem Patterson, seconded by Council Member Ferguson,
and carried 4-0 with Council Member Allevato absent to appoint Council Member
Perry as the Member to the Orange County Fire Authority; and to adopt
Resolution No. 15-03-03-01 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING A
REPRESENTATIVE AND ALTERNATE TO THE ORANGE COUNTY FIRE
AUTHORITY'S BOARD OF DIRECTORS."
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
Orange Count Ley Advisory Board
Moved by Mayor pro tem Patterson, seconded by Council Member Perry, and
carried 3-0-1 with Council Member Allevato absent and Mayor Reeve opposed to
remove Council Member Allevato as the Member to the Orange County Library
Advisory Board.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry and Patterson
NOES: COUNCIL MEMBER: Mayor Reeve
ABSENT: COUNCIL MEMBER: Allevato
8 3/3/2015
Orange County Library Advisory Board
Moved by Council Member Perry, seconded by Mayor pro tem Patterson, and
carried 4-0 with Council Member Allevato absent to appoint Mayor pro tem
Patterson as the Member to the Orange County Library Advisory Board.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
Orange County Library Advisory Board
Moved by Mayor Reeve, seconded by Council Member Ferguson, and carried
4-0 with Council Member Allevato absent to appoint Council Member Perry as
the Alternate to the Orange County Library Advisory Board.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at 9:28 p.m. to
Tuesday; March 17 2015, at 4:00 p,m. for Closed Session, and then 5:00 p.m. for
public=basin' s Session, in the City Council Chamber.
Respectfully °ubmitted,
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MARIAv46R , CITY K
Approved: March 17, 2015
ATTEST:
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DEREK REEVE, MAYOR
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