15-0616_CC_Minutes_Regular Meeting MINUTES
June 16, 2015
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
i CLOSED SESSION: Please refer to separate Special Meeting minutes.
L
BUSINESS SESSION:
Mayor Reeve called the Regular Meeting of June 16, 2015, of the City Council of the
City of San Juan Capistrano to order at 5:03 p.m. in the City Council Chamber.
Council Member Ferguson led the Pledge of Allegiance and Council Member Perry
gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Sam Allevato, 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.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM PATTERSON INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Kayla Jahangiri, Youth Advisory Board;
`1 Gerald Muir, Design Review Committee, Parks, Recreation, Senior and Youth
Services Commission, and Youth Advisory Board; and Thomas Perrin, Jr., and
Eva Crabbs, Parks, Recreation, Senior and Youth Services Commission.
2. JULY 2015, PROCLAIMED AS PARKS AND RECREATION APPRECIATION
MONTH (610.40)
3. CITY'S INVESTMENT REPORT FOR THE QUARTER ENDED
MARCH 21, 2015, PRESENTED BY PFM ASSET MANAGEMENT, LLC (350.10)
ORAL COMMUNICATIONS:
• Thomas Whaling. City resident; Grant Kinsey, Youth Advisory Board;
Steve Behmerwohld, City resident; Tina Auclair, City resident; and Mallory
McCarthy, City resident.
PUBLIC HEARINGS:
1. RESOLUTION NO. 15-06-16-01 ADOPTED CONFIRMING THE LEVY OF THE
FISCAL YEAR 2015/2016 ASSESSMENTS FOR THE LANDSCAPE
s MAINTENANCE DISTRICTS IN THE CITY OF SAN JUAN CAPISTRANO AND
AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, CHARGES
AND ASSESSMENTS WITH THE COUNTY OF ORANGE; ORANGE COUNTY
AUDITOR-CONTROLLER'S OFFICE AUTHORIZE TO INCLUDE THE
1
ASSESSMENTS ON THE PROPERTY TAX ROLL; AND CITY CLERK
DIRECTED TO FORWARD THE ASSESSMENTS TO THE ORANGE COUNTY
AUDITOR-CONTROLLER (345.20)
Jill Thomas, Senior Management Analyst, provided a staff report and responded
to questions. Dave Hubler, Public Works Manager, responded to questions.
I,
Mayor Reeve opened the public hearing and invited testimony, no public
testimony was provided. Mayor Reeve closed the public hearing.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Ferguson, and carried unanimously to adopt RESOLUTION
NO. 15-06-16-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE LEVY
OF THE FISCAL YEAR 2015/2016 ASSESSMENTS FOR THE LANDSCAPE
MAINTENANCE DISTRICTS IN THE CITY OF SAN JUAN CAPISTRANO AND
AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, CHARGES
AND ASSESSMENTS WITH THE COUNTY OF ORANGE;" Orange County
Auditor-Controller's Office authorized to include the assessments on the Property
Tax Roll; and City Clerk directed to forward the assessments to the Orange
County Auditor-Controller.
2. RESOLUTION NO. 15-06-16-02 ADOPTED RELATING TO THE ISSUANCE OF
BONDS BY THE INDEPENDENT CITIES FINANCE AUTHORITY FOR THE
SAN JUAN MOBILE ESTATES; RESOLUTION NO. 15-06-16-03 ADOPTED
APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF AN
ASSIGNMENT, ASSUMPTION AND MODIFICATION AGREEMENT, AN
ADMINISTRATION AND OVERSIGHT AGREEMENT AND A SUBORDINATION
AGREEMENT RELATING TO THE SAN JUAN MOBILE ESTATES LOCATED IN
THE CITY (MILLENNIUM HOUSING) (430.25)
Cindy Russell, Chief Financial Officer/City Treasurer, provided an agenda report
and responded to questions. Jeff Ballinger, City Attorney, responded to
questions.
Mayor Reeve opened the public hearing and invited testimony.
• Public Testimony: Richard Dittman, San Juan Mobile Estates Residents
Association (provided handout); George Turk, Millennium Housing
(provided handout); Anne O'Connell, City resident; Ted Roberts,
City resident; William Drews, City resident; Ellen White, City resident
(submitted petition).
Mayor Reeve closed the public hearing.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Ferguson, and carried 4-1 with Mayor pro tem Patterson
opposed to adopt RESOLUTION NO. 15-06-16-02 entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, RELATING TO THE ISSUANCE OF BONDS BY THE
INDEPENDENT CITIES FINANCE AUTHORITY FOR THE SAN JUAN MOBILE
2 6/16/2015
ESTATES:" and adopt RESOLUTION NO. 15-06-16-03 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING, AUTHORIZING, AND DIRECTING
EXECUTION OF AN ASSIGNMENT, ASSUMPTION AND MODIFICATION
AGREEMENT, AN ADMINISTRATION AND OVERSIGHT AGREEMENT AND A
SUBORDINATION AGREEMENT RELATING TO THE SAN JUAN MOBILE
ESTATES LOCATED IN THE CITY."
ADMINISTRATIVE ITEMS:
E1 CITY MANAGER
a. DISCUSSION AND CONSIDERATION OF THE SOUTH ORANGE COUNTY
COMMUNITY THEATRE (CAMINO REAL PLAYHOUSE) AND ECOCENTER,
INC. (THE ECOLOGY CENTER) LICENSE AGREEMENTS (600.30)
• Public Correspondence: Due to the high volume of correspondence
received, correspondence is kept and is also available as correspondence to
the Agenda Report on the City's website.
Tom Bokosky, Human Resources Manager, provided an agenda report and
responded to questions. Charlie View, Development Services Director,
responded to questions.
• Public Comments: Evan Marks, The Ecology Center (provided a handout
and PowerPoint); Tom Scott, EI Camino Real Playhouse (provided handout);
Poppy Arnsten, Ladera Ranch resident; Holly Hatcuel (residence not
provided); Thomas Perrin, City resident; Tom Riehl (residence not provided);
Gary McCarvor, City resident; Don Fried, Austin, Texas resident; Don Tryon,
City resident; David Faylor, City resident; Laura Freese, City resident;
John Gillotti, Business owner; Mary Crawford (Tom Scott read her letter);
Jennifer Talbot, (Tom Scott spoke on her behalf); Nina Bleone, City resident;
Lisa McKissack, San Clemente resident; Anna Dickinson, City resident;
Daniel Zonca, San Clemente resident; Kim Brusseau, City resident;
Kalina Justice (residence not provided); and Clint Worthington, City resident
(provided handout).
1St Council Action: Moved by Mayor Reeve, seconded by Council Member
Allevato, and carried unanimously to direct staff to negotiate a new lease with
The Ecology Center, considering the overall revenue of The Ecology Center, and
ensure that all financial and legal documents are up to date, and that they are in
compliance with their Conditional Use Permit and with Special Activity Permits.
2nd Council Action: Moved by Council Member Allevato, seconded by
Council Member Perry, and carried unanimously to direct staff to bring back to
the City Council no later than September 15, 2015, a new lease with the
Camino Real Playhouse that takes into consideration the input given at tonight's
meeting by the City Council.
3 6/16/2015
E2 CITY ATTORNEY
a. DISCUSSION AND CONSIDERATION ACTION REGARDING
REFUNDS/CREDITS FOR WATER RATEPAYERS (1050.201300.10) ^'
f
Jeff, Ballinger, City Attorney, provided an agenda report and responded to
questions.
• Public Comments: Mark Speros, City resident; and Clint Worthington,
City resident.
Council Action: Moved by Council Member Perry, seconded by
Council Member Ferguson, and carried 3-2 with Mayor pro tem Patterson and
Council Member Allevato opposed to approve a refund/credit process for those
customers of the City of San Juan Capistrano's Water Utility for overpayments
made, as identify in the bullet points below, and staff to bring back the inter-fund
loan as set forth in the Fiscal Impact.
• A refund payment or credit against future utility billing (customer's choice)
for water customers that paid higher than the first tier in each classification
of water users.
• The amount of the refund or credit would be the difference between the
first tier rate within each applicable user classification and the rate that the
customer actually paid.
• The time period for which the refunds would be allowed would be
August 28, 2013, (the date of the trial court decision in the CTA lawsuit) to
June 30, 2014, (the date immediately prior to the date that the City's
current rates went into effect).
• A required waiver by those ratepayers who receive a refund or credit,
agreeing not to bring further claims/lawsuits arising from the 2010 water
rates.
• A City website announcement of the refund/credit process.
• A proactive, written explanation (separate from the City's normal utility
billing) provided by the City to water customers, outlining the refund/credit
process, and providing an easy to use claim form to be filled out by the
customer.
• Water customers would have 90 days to complete and return the
refund/credit form to the City, from the date of the City's written
notification.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato and Mayor pro tem Patterson
ABSENT: COUNCIL MEMBER: None
4 6/16/2015
CONSENT CALENDAR:
Council Action: Moved by Council Member Perry, seconded by Council Member
Allevato, and carried unanimously to approve consent calendar items 1, through 9, 11,
12, 13, 15, 16, and 19, as recommended by staff, with Council Member Ferguson and
Council Member Perry abstaining from consent calendar item 5.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING (CITY COUNCIL AND
CITY MANAGER RETREAT) OF JANUARY 12, 2015, APPROVED.
3. CITY COUNCIL MINUTES — SPECIAL MEETING (CLOSED SESSION) OF
JUNE 2, 2015, APPROVED.
4. CITY COUNCIL MINUTES — REGULAR MEETING OF JUNE 2, 2015,
APPROVED.
5. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DATED MAY 15, 2015, TO MAY 28, 2015; PAYROLL (CHECK) DATED
MAY 22, 2015; AND PAYROLL (DIRECT DEPOSITS) DATED MAY 22, 2015,
RECEIVED AND FILED (300.30)
Council Member Perry abstained due to his former employment and proximity of
his residence with the San Juan Hills Golf Club. Council Member Ferguson
abstained due to proximity to her residence.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAIN: COUNCIL MEMBER: Ferguson and Perry
6. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
7. FIVE YEAR PERSONAL SERVICES AGREEMENT FOR LOCKBOX SERVICES
WITH RT LAWRENCE CORPORATION, APPROVED (600.30)
8. FIVE YEAR PERSONAL SERVICES AGREEMENT FOR MERCHANT
SERVICES WITH COLLECTOR SOLUTIONS, INC., APPROVED (600.30)
9. PERSONAL SERVICES AGREEMENT FOR BANKING SERVICES WITH
U.S. BANK NATIONAL ASSOCIATION, APPROVED (600.30)
5 6/16/2015
10. TWO YEAR LICENSE AGREEMENT BY AN BETWEEN THE CITY OF SAN
JUAN CAPISTRANO, IMPERIO MOTORS, LLC DBA IMPERIO NISSAN OF
SAN JUAN CAPISTRANO AND KORMEX MOTORS, LLC DBA IMPERIO KIA
OF SAN JUAN CAPISTRANO FOR TEMPORARY VEHICLE STORAGE
ON THE LOWER ROSAN RANCH PROPERTY (APN 121-140-73, 121-253-13
AND 15) (600.30)
11. FOURTH AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH
KFORCE INC. FOR PROFESSIONAL STAFFING SERVICES APPROVED
(600.30)
12. FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT FOR THE
STORM WATER QUALITY PROGRAM AS-NEEDED SUPPORT SERVICES
EXTENDING THE PERSONAL SERVICES AGREEMENT WITH AMEC
ENVIRONMENT & INFRASTRUCTURE, INC. FOR AN ADDITIONAL NINETY
(90) DAYS, APPROVED (600.30)
13. PERSONAL SERVICES AGREEMENT WITH DISABILITY ACCESS
CONSULTANTS TO UPDATE AND RESTATE THE CITY'S AMERICAN WITH
DISABILITIES ACT SELF-EVALUATION AND TRANSITION PLAN IN AN
AMOUNT NOT TO EXCEED $84,627, WHICH INCLUDES A 10%
CONTINGENCY (600.30)
14. AMENDMENT NO 1. TO THE SUBDIVISION IMPROVEMENT AGREEMENT
FOR TRACT 16634 (RANCHO SAN JUAN DEVELOPMENT, LLC), APPROVED
(600.30)
Steve Kooyman, Assistant Public Works Director responded to questions.
Council Action: Moved by Council Member Perry, seconded by Council Member
Allevato, and carried unanimously to approve the Amendment No. 1 to the
Subdivision Improvement Agreement for Tract 16634 — Rancho San Juan
Development, LLC.
15. LICENSE AGREEMENT WITH BEST VALET PARKING CORPORATION; AND
RESOLUTION NO. 15-06-16-04 ADOPTED AMENDING THE DOWNTOWN
EMPLOYEE PARKING PERMIT PROGRAM ESTABLISHED BY RESOLUTION
NO. 95-2-7-7 TO INCLUDE UPDATED EMPLOYEE PARKING AREAS IN
DOWNTOWN SAN JUAN CAPISTRANO (600.30)
16. RESOLUTION NO. 15-06-16-06 ADOPTED ESTABLISHING STAGE 2
IRRIGATION SCHEDULE AND MONTHLY DROUGHT LIMITS (1050.90)
17. UPDATE ON WATER, NON-POTABLE, AND SEWER RATES, EFFECTIVE
JULY 1, 2015, RECEIVED AND FILED (1040.2011050.20)
Keith Van Der Maaten, Utilities and Public Works Director provided an agenda
report.
• Public Comments: Thomas Whaling, City resident.
6 6/16/2015
Council Action: Moved by Council Member Allevato, seconded by Council
Member Ferguson, and carried unanimously to receive and file the update on
water, non-potable, and sewer rates, effective July 1, 2015.
18. PARKS, RECREATION, SENIOR AND YOUTH SERVICES COMMISSION
RECOMMENDATION FOR REDUCED WATER USE AT THE CITY'S PARKS,
PARKWAYS, MEDIANS, AND SPORTS FIELDS (ATTACHMENT 2 TO THE
AGENDA REPORT), APPROVED; AND PERSONAL SERVICES AGREEMENT
WITH MARINA LANDSCAPE MAINTENANCE, INC. FOR A NOT TO EXCEED
AMOUNT OF $100,000 TO PERFORM LANDSCAPE IRRIGATION RETROFIT
IN CITY PARKS, CITY PARKWAYS AND MEDIANS, AND CITY SPORTS
FIELDS, APPROVED (600.30)
Keith Van Der Maaten, Utilities and Public Works Director provided an agenda
report.
• Public Comments: Eva Crabbs, City resident.
Council Action: Moved by Council Member Perry, seconded by Council Member
Ferguson, and carried unanimously to approve the Parks, Recreation, Senior and
Youth Services Commission recommendation for reduced water use at the City's
parks, parkways, medians, and sports fields (Attachment 2 to the Agenda
Report); and, approve a Personal Services Agreement with Marina Landscape
Maintenance, Inc. for a not to exceed the amount of $100,000 to perform
landscape irrigation retrofit in City parks, City parkways and medians, and City
sports fields.
19. AMENDMENT TO THE AGREEMENT FOR PROVISION OF CITY ATTORNEY
SERVICES WITH RUTAN & TUCKER FOR THE TRANSITION OF LEGAL
MATTERS AND WAIVING THE THIRTY (30) DAY TERMINATION PROVIDED
IN THE EXISTING AGREEMENT WITH RUTAN & TUCKER, LLP, APPROVED
(600.30)
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
SEWER MAINTENANCE DISTRICT NO. 1 (Refer to Sewer Maintenance District No. 1
Minutes)
ORDINANCES: None.
COUNCILMANIC ITEMS: None.
CITY COUNCIL REPORTS:
• Inauguration of the City's Trolley.
• Transportation Corridor Agency Meetings.
• Southern California Association of Governments Meeting.
E
L.�
7 6/16/2015
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at 5:52 p.m. to
Ty sday, July 21, 2015, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public
9 in, Session, in the City Council Chamber.
Rep I u ly submitted,
A I OR IS, CI CL RK
Approved: July 21, 20
DEREK REEVE, MAYOR
8 6/16/2015