15-0818_CC_Minutes_Regular Meeting MINUTES
August 18, 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 August 18, 2015, of the City Council of the
City of San Juan Capistrano to order at 5:05 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: Gerald Muir, Design Review Committee,
Parks, Recreation, Senior and Youth Services Commission, and Youth Advisory
Board; Thomas Perrin, Jr., Eva Crabbs, Linda Shown, Robert Parks and
Kim McCarthy, Parks, Recreation, Senior and Youth Services Commission;
Gail Zukow and Jill Hanna, Trails and Equestrian Commission; and
Nathan Banda, Cultural Heritage Commission.
2. CITY MANAGER KAREN P. BRUST RECOGNIZED WITH A PROCLAMATION
FOR HER YEARS OF SERVICE TO THE CITY OF SAN JUAN CAPISTRANO
(610.40)
ORAL COMMUNICATIONS:
• Mary Demers, Friends of the Library; Paul Jenkinson, City resident; Chris Besaites,
City resident; Larry Kramer, City resident; Cate Petersen, Youth Advisory Board;
Gail Zukow, City resident; Michael Forster, City resident; Anna Dickinson,
City resident; Clint Worthington, City resident; Steve Behmerwohld, City resident;
and Kim McCarthy, City resident.
PUBLIC HEARINGS: None.
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ADMINISTRATIVE ITEMS:
E1 COMMUNITY SERVICES
a. CONSIDERATION OF A SITE FOR A SKATE PARK (NORTHWEST END OF
THE SAN JUAN CAPISTRANO SPORTS PARK (960.30) j
Keith Till, Interim Assistant City Manager, provided an agenda report and
responded to questions.
• The following individuals spoke in support of a Skate Park: Nathan Banda,
Capistrano Grind, and Aaron Spohn, Spohn Ranch Skateparks, provided a
PowerPoint and Video presentation; Gerald Muir, City resident, registered
support for the record; Mary Demers, Friends of the Library; Robert Parks,
City resident; Eric Groos, Capistrano Grind; Jim Gilbert, City resident; Steve
Oedekerk, City resident; Brandon Phillips, Dana Point resident; Brian Cook,
City resident; Steve Behmerwohld, City resident; Ricardo Beas,
City resident; Ken Friess, City resident; Anna Dickinson, City resident; Nora
Vasconcellos, City of residence not provided; and Eva Crabbs, City resident.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Ferguson, and carried unanimously to approve the site for a
San Juan Capistrano skate park in the northwest end of the San Juan Capistrano
Sports Park, without interfering with the current sports activities.
E2 CITY MANAGER
a. CONSIDERATION OF AN AGREEMENT TO FACILITATE ALIGNMENT WITH
THE CITY COUNCIL'S LONG-RANGE GOALS; AND APPROPRIATION OF
FUNDS (600.30)
Tom Bokosky, Human Resources Manager, provided an agenda report and
responded to questions.
• Public Comments: Steve Behmerwohld, City resident.
Council Action: Moved by Council Member Perry, seconded by
Mayor pro tem Patterson, and carried 4-1 with Council Member Allevato opposed
to authorize the Mayor to execute an agreement with Quadrant Law Group to
provide the City Council consulting services; and approve a corresponding
appropriation from the General Funds Reserves.
ROLL CALL:
AYES: COUNCIL MEMBER: Perry, Ferguson, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
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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,
and 11, as recommended by staff, with Council Member Ferguson and Council Member
Perry abstaining from consent calendar item 4.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING OF AUGUST 4, 2015,
(CLOSED SESSION) APPROVED.
3. CITY COUNCIL MINUTES — REGULAR MEETING OF AUGUST 4, 2015,
APPROVED.
4. CHECK REGISTERS FOR ELECTRONIC TRANSACTIONS AND CHECKS
DATED JULY 24, 2015, TO AUGUST 6, 2015; PAYROLL (CHECKS) DATED
JULY 31, 2015; AND PAYROLL (DIRECT DEPOSITS) DATED JULY 31, 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
5. RESOLUTION NO. 15-08-18-01 ADOPTED DELEGATING TO THE CITY
TREASURER AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR
REINVEST CITY FUNDS, AUTHORIZING SIGNATURES AND REPEALING
RESOLUTION 14-12-02-02 (320.10)
6. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
7. TWO (2) YEAR LICENSE AGREEMENT BY AND BETWEEN THE CITY OF
SAN JUAN CAPISTRANO, AND COURTESY AUTO GROUP OF ORANGE,
INC. FOR TEMPORARY VEHICLE STORAGE ON THE LOWER ROSAN
RANCH PROPERTY (APN 121-140-73, 121-253-13 AND 15) SUBJECT TO
OBTAINING A TEMPORARY USE PERMIT AND ANY OTHER APPLICABLE
LAND USE PERMITS REQUIRED UNDER THE MUNICIPAL CODE,
APPROVED (600.30)
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8. CONSIDERATION OF A RESOLUTION DETERMINING COMPLETION OF
WORK FOR CERTAIN IMPROVEMENTS RELATING TO AMENDMENT NO. 1
TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 16634,
WHISPERING HILLS ESTATES-RANCHO SAN JUAN, A PORTION OF THE
404 ACRE PLANNED COMMUNITY DEVELOPMENT (RANCHO SAN JUAN
DEVELOPMENT, LLC) (600.30) — ITEM REMOVED FROM THE AGENDA BY
STAFF
9. CONSIDERATION OF A RESOLUTION FOR A NOTICE OF COMPLETION,
ACCEPTANCE OF CERTAIN WORK OF IMPROVEMENTS AND RELEASE OF
CORRESPONDING SURETIES PERTAINING TO THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE CAMPANILLA SUBDIVISION
(TRACT 13436) (TAYLOR MORRISON OF CALIFORNIA, LLC) (600.30) — ITEM
REMOVED FROM THE AGENDA BY STAFF
10. RESOLUTION NO. 15-08-18-02 ADOPTED AUTHORIZING THE MAYOR TO
EXECUTE APPLICATIONS AND AGREEMENTS WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR THE CITY-WIDE BIKEWAY GAP
CLOSURE/EAST OPEN SPACE TRAIL PROJECT (CIP 11203) (600.50)
George Alvarez, City Engineer, provided an agenda report and responded to
questions. Jeff Ballinger, City Attorney, responded to questions.
• Public Comments: Gail Zukow, City resident.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Patterson, and carried unanimously to adopt RESOLUTION NO. 15-08-18-02
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTED AUTHORIZING THE MAYOR TO
EXECUTE APPLICATIONS AND AGREEMENTS WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR THE CITY-WIDE BIKEWAY GAP
CLOSURE/EAST OPEN SPACE TRAIL PROJECT (CIP 11203)."
11. INTERIM CITY MANAGER EMPLOYMENT AGREEMENT WITH KEITH TILL,
APPROVED (600.30)
12. PROFESSIONAL SERVICES AGREEMENT WITH RICHARDS WATSON
GERSHON FOR LEGAL SERVICES, APPROVED; AND APPROPRIATION OF
$500,000 FROM THE GENERAL FUND, APPROVED (600.30)
Tom Bokosky, Human Resources Manager, provided an agenda report and
responded to questions.
• Public Comments: Steve Behmerwohld, City resident; and
Clint Worthington, City resident.
Council Action: Moved by Mayor pro tem Patterson, seconded by
Council Member Perry, and carried 4-1 with Council Member Allevato opposed to
approve a Professional Services Agreement with Richards Watson Gershon for
legal services; and appropriate $500,000 from the general fund.
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ROLL CALL:
AYES: COUNCIL MEMBER: Perry, Ferguson, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
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13. CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH THE ORANGE
COUNTY TRANSPORTATION AUTHORITY TO INSTALL A SECOND
EASTBOUND LEFT-TURN LANE ON DEL OBISPO STREET AND CAMINO
CAPISTRANO; AND ADJUSTMENT TO THE FISCAL YEAR 2014-2015
CAPITAL IMPROVEMENT PROGRAM (CIP 16103) (600.50)
George Alvarez, City Engineer, provided an agenda report and responded to
questions. Karen P. Brust, City Manager and Jeff Ballinger, City Attorney,
responded to questions.
• Public Comments: Clint Worthington, City resident.
Council Action: Moved by Council Member Perry, seconded by Mayor pro tem
Patterson, and carried unanimously to direct the City Attorney to contact the
Orange County Transportation Authority and work out new language
in areas discussed by the City Council, and bring back the new agreement at the
September 1, 2015, meeting.
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
ORDINANCES: None.
COUNCIL ACTION ITEMS:
1. PRESENTATION AND CONSIDERATION REGARDING A CITY-WIDE STREET
LIGHT CONVERSION (820.20)
Mayor pro tem Patterson and Council Member Ferguson provided a report.
• Public Comments: Marc Franz, Stratatron ATC; and Steve Behmerwohld,
City resident.
Council Action: Moved by Council Member Ferguson, seconded by
Council Member Allevato, and carried unanimously to direct staff to prepare
bids/proposals for a city-wide street light conversion project.
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CITY COUNCIL REPORTS:
• Council Member Perry attended an Award Ceremony at the Camino Real
Playhouse.
• Council Member Ferguson asked the City Manager to confirm that she wanted to
make sure City policies were followed during the Quadrant Law Group agreement
process. Karen P. Brust, City Manager responded that Council Member Ferguson
always demonstrated she wanted to follow the correct procedures of the City and the
Municipal Code. Council Member Ferguson reported on a meeting with
Neda DeMayo founder of Return to Freedom, a sanctuary for wild horses,
Renee Ritchie, Trails and Equestrian Commissioner, and Joe Mankawich, Trails and
Equestrian Secretary.
• Mayor pro tem Patterson reported on a Vector Control meeting, and announced that
the Mission Inn Hotel has signed up with Marriott's Autograph Collection, a
boutique hotel operator; and announced the opening of Hennessey's Tavern in the
Downtown.
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at 8:46 p.m. to
Tuesday, Se tember 1, 2015, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the
public BI using s Session, in the City Council Chamber.
Respedtfu ubmitted,
MART I , CITY CL RK
Approved: September 1, 2015
ATTEST: p�
DEREK REEVE, MAYOR
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