15-1215_CC_Minutes_Regular Meeting MINUTES
December 15, 2015
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: Please refer to separate Special Meeting minutes,
BUSINESS SESSION:
Mayor Patterson called the Regular Meeting of December 15, 2015, of the City Council
of the City of San Juan Capistrano to order at 5:29 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: Mayor Pam Patterson, Esq., Mayor pro tem
Kerry K. Ferguson, and Council Members Derek Reeve, John M. Perry, and 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 Patterson dedicated the meeting in memory of
longtime resident and Planning Commissioner Sheldon Cohen.
CITY CLERK ANNOUNCEMENT: Per Assembly Bill 23, Maria Morris, City Clerk,
announced that each Housing Authority Board Member are receiving a $50.00 stipend
for conducting the Housing Authority meeting.
Mayor Patterson announced the unanimous selection of Ben Siegel as the City's new
City Manager.
CITY COUNCIL REPORTS:
• Council Member Perry reported attending a San Juan Basin Authority Meeting.
• Mayor pro tem Ferguson reported attending the following: Orange County League of
California Cities Meeting, and meeting with Assemblyman Bill Brough, regarding
working together on his 2016 Bill regarding sober living and congregate living
facilities, and announced her appointment by the League of California Cities to the
Housing, Community and Economic Development Committee; Transportation
Corridor Agencies Meeting; and Orange County Transportation Authority Meeting;
and reported on a meeting regarding possibilities/idea to expand public use/access
at the Rancho Mission Viejo Riding Park at San Juan Capistrano.
• Mayor Patterson reported a Flood Management Meeting to prepare for EI Nino.
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INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM FERGUSON INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Gerald Muir, Parks, Recreation, Senior and
Youth Services Commission, Design Review Committee, and Youth Advisory
Board; Thomas Perrin, Jr., and Ron Denman, Parks, Parks, Recreation, Senior
and Youth Services Commission; Robert Cardoza, Design Review Committee;
and Jack Hunt and Ray Miller, Utilities Commission.
2. ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO)
PROVIDED A PRESENTATION ON THE SOUTH ORANGE COUNTY
GOVERNANCE VISIONING PROCESS: RANCHO MISSION VIEJO STUDY
AREA (610.40)
Ben Legbandt, Project Manager, Local Agency Formation Commission (LAFCO),
provided a PowerPoint presentation and responded to questions.
3. ST. MARGARET'S EPISCOPAL SCHOOL PROVIDED A PRESENTATION
REGARDING ITS BREAKTHROUGH PROGRAM (610.40)
Victor Cota, Breakthrough Director, provided a PowerPoint presentation and
responded to questions.
ORAL COMMUNICATIONS:
Council Action: Moved by Council Member Perry, seconded by Mayor pro tem
Ferguson, and carried unanimously to allow Bill Griffith with six (6) minutes to speak
under Oral Communications.
• Jeff Dickman, County of Orange; and Bill Griffith, City resident.
PUBLIC HEARINGS: None.
ADMINISTRATIVE ITEMS:
E1 PUBLIC WORKS
a. PROPOSED PROJECT TIMELINES, APPROVED; AND PROGRESS
REPORTS AND ANY REQUESTED MODIFICATIONS TO BE PRESENTED TO
CITY COUNCIL ON A QUARTERLY BASIS, APPROVED; WITH THE PROVISO
THAT THE PROJECT TIMELINES BE DISCUSSED AT THE CITY COUNCIL'S
NEXT RETREAT (100.80)
Keith Till, Interim City Manager, provided an agenda report and responded to
questions.
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COUncll Action: Moved by Mayor pro tem Ferguson, seconded by Council
Member Allevato, and carried 4-1 with Council Member Reeve opposed to
approve the proposed Project Timelines; and direct that progress reports and any
requested modifications be presented to City Council on a quarterly basis, with
the proviso that the Project Timelines will be discussed at the City Council's next
retreat.
ROLL CALL:
AYES: COUNCIL MEMBER: Perry, Allevato, Ferguson and Mayor Patterson
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
E2 PUBLIC WORKS
a. PROJECT UPDATE PRESENTATION, RECEIVED AND FILED; PERSONAL
SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES, WITH
ANDERSON-PENNA PARTNERS, INC. IN THE AMOUNT OF $1,545,646 TO
PREPARE PLANS , SPECIFICATIONS AND COST ESTIMATES FOR THE
ORTEGA HIGHWAY (SR-74) "CITY SEGMENT" WIDENING PROJECT
(CIP 14107), APPROVED; AND 1ST AMENDMENT TO THE FUNDING
ASSISTANT AGREEMENT WITH RANCHO MISSION VIEJO, LLC,
APPROVED; SUBJECT TO STAFF PROVIDING BRIEFING OF THE PROJECT
TO MAYOR PRO TEM FERGUSON AND COUNCIL MEMBER PERRY
(600.30/820.20)
• Public Correspondence: Lennie DeCaro, City resident
George Alvarez, City Engineer, and Khoon Tan, Senior Civil Engineer, provided
a PowerPoint presentation and responded to questions.
Public Comments: Larry Kramer, City resident; and Anna Dickinson,
City resident.
Council Action: Moved by Mayor pro tem Ferguson, seconded by Council
Member Allevato, and carried 3-2 with Council Member Perry and
Mayor Patterson opposed to receive and file the project update presentation;
approve a Personal Services Agreement with Anderson-Penna Partners, Inc. for
Engineering Design Services in the amount of $1,545,646 to prepare Plans,
Specifications, and Cost Estimates for the Ortega Highway (SR-74)
"City-Segment" Widening Project (CIP 14107); and approve the 1St Amendment
to the Funding Assistant Agreement with Rancho Mission Viejo, LLC; subject to
staff providing briefing of the project to Mayor pro tem Ferguson and Council
Member Perry.
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ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Allevato and Mayor pro tem Ferguson
NOES: COUNCIL MEMBER: Perry and Mayor Patterson
ABSENT: COUNCIL MEMBER: None
b. RESOLUTION NO. 15-12-15-01 ADOPTED APPROVING AN APPLICATION
FOR FEDERAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT
OF INTERIOR, BUREAU OF RECLAMATION, WATERSMART: WATER AND
ENERGY EFFICIENCY GRANT PROGRAM; AND CITY MANAGER
AUTHORIZED TO WORK WITH THE BUREAU OF RECLAMATION TO MEET
ESTABLISHED DEADLINES AND ENTER INTO A COOPERATIVE
AGREEMENT (1050.10/600.50)
Noreen Swiontek, Senior Management Analyst, provided a PowerPoint
presentation and responded to questions. Thom Coughran, Public Works and
Utilities Director, and Cindy Russell, Chief Financial Officer/City Treasurer,
responded to questions.
• Public Comments: Ray Miller and Thomas Nelson, Utilities Commission.
Council Action: Moved by Council Member Perry, seconded by Mayor pro tem
Patterson, and carried 4-1 with Mayor Patterson opposed to adopt
RESOLUTION NO. 15-12-15-01 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AN APPLICATION FOR FEDERAL ASSISTANCE
FROM THE UNITED STATES DEPARTMENT OF INTERIOR, BUREAU OF
RECLAMATION, WATERSMART: WATER AND ENERGY EFFICIENCY GRANT
PROGRAM;" and authorized the City Manager to work with the Bureau of
Reclamation to meet established deadlines and enter into a Cooperative
Agreement.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Perry, Allevato and Mayor pro tern Ferguson
NOES: COUNCIL MEMBER: Mayor Patterson
ABSENT: COUNCIL MEMBER: None
CONSENT CALENDAR:
Council Action: Moved by Council Member Perry, seconded by Council Member
Allevato, and carried unanimously to approve consent calendar items 1, through 10, as
recommended by staff, with Mayor pro tem 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 OF DECEMBER 1, 2015,
(CLOSED SESSION) APPROVED.
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3. CITY COUNCIL MINUTES — REGULAR MEETING OF DECEMBER 1, 2015,
APPROVED.
4. CITY COUNCIL MINUTES — SPECIAL MEETING OF DECEMBER 4, 2015,
(CLOSED SESSION), APPROVED.
5. CHECK REGISTERS FOR ELECTRONIC TRANSACTIONS AND CHECKS
DATED NOVEMBER 13, 2015, TO NOVEMBER 26, 2015; PAYROLL (CHECK)
DATED NOVEMBER 20, 2015; AND PAYROLL (DIRECT DEPOSITS) DATED
NOVEMBER 20, 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. Mayor pro tem Ferguson
abstained due to proximity to her residence.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Reeve and Mayor Patterson
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAIN: COUNCIL MEMBER: Perry and Mayor pro tem Ferguson
6. ANNUAL FINANCIAL REPORT OF DEVELOPMENT IMPACT FEES
PURSUANT TO GOVERNMENT CODE SECTION 66006 (AB 1600),
RECEIVED AND FILED (420.20)
7. CITY COUNCIL REGULAR MEETING OF JANUARY 5, 2015, REINSTATED;
AND CITY COUNCIL REGULAR MEETING OF TUESDAY, JANUARY 19, 2016,
MOVED TO MONDAY, JANUARY 18, 2015 (610.15)
8. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
9. 2016 STREET BANNER CALENDAR FOR BANNER INSTALLATIONS AT THE
INTERSECTION OF CAMINO CAPISTRANO AND DEL OBISPO STREETS,
APPROVED (410.40)
10. CITY MANAGER AUTHORIZED TO EXECUTE AN AGREEMENT WITH
MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) FOR
SHARING CONSULTANT COSTS FOR THE DISTRIBUTION SYSTEM WATER
LOSS CONTROL TECHNICAL ASSISTANCE PROGRAM (600.50)
COUNCIL ACTION ITEMS:
1. CONSIDERATION OF A RESOLUTION AND AN ORDINANCE DECLARING
SAN JUAN CAPISTRANO EQUESTRIAN TRAILS AN HISTORICAL
RESOURCE (910.40) — ITEM REMOVED FROM THE AGENDA
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• Public Correspondence: Tom Ostensen, City resident; and Jan Siegel, City
resident.
2. COUNCIL ACTION ITEM 2 WAS REMOVED FROM THE ORIGINAL
PUBLISHED AGENDA
3. CONSIDERATION OF IMMEDIATE PARKING SOLUTIONS BY CREATING A
PROGRAM THAT ENCOURAGES RESIDENTS AND VISITORS TO USE
TRANSPORTATION SUCH AS UBER/LYFT WHILE VISITING DOWNTOWN
(570.10)
• Public Correspondence: Mark Bodenhamer, Chamber of Commerce.
Mayor Patterson provided a report and responded to questions.
Council Action: Moved by Council Member Perry, seconded by Mayor pro tem
Ferguson, and carried unanimously to direct staff to work with the Mayor to: 1)
Research a parking solution program that utilizes Uber and Lyft, and/or any other
similar type business; 2) Reach out to the Heritage Tourism Association,
Downtown Restaurants Association, and the Chamber of Commerce asking for
their support; 3) Compose a letter directed to San Juan Capistrano merchants,
informing them of this program, encouraging them to participate, and asking
them to approve a 10% discount for patrons that show proof/receipt for using
alternative transportation, such as Uber/Lyft, or to provide alternative
suggestions; and provide them 10 days to respond; 4) Prepare materials to
educate merchants and residents of the program, encouraging residents to
consider becoming an Uber/Lyft driver; 5) Begin an advertising campaign
regarding the program; and, 6) Schedule the start time of the program to begin
within 30 days of receiving approval by 24 San Juan Capistrano Downtown
merchants.
4. CONSIDERATION OF APPOINTMENT OF CITY COUNCIL
REPRESENTATIVES TO OUTSIDE AGENCIES; RESOLUTION DESIGNATING
REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD
OF DIRECTORS; AND UPDATE AND POSTING OF THE FAIR POLITICAL
PRACTICES COMMISSION (FPPC) FORM 806 ON THE CITY'S WEBSITE
(610.60) — ITEM CONTINUED
ADJOURNMENT:
There being no further business Mayor Patterson adjourned the meeting at 9:10 p.m: to
Tuesday, January 5, 2016, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public
Business Session; and then to Monday, January 18, 2016, at 4:00 p.m. for Closed:
Session, and 5:00 p.m. for the public Business Session, in the City Council Chamber.
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Resp ! submitted,
MAV&MbRRICl ERK
Approved: January 5, 2016
AT ST:
r
AM PATTERSON, ESQ., MAYOR
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