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16-0202_CC_Minutes_Regular Meeting MINUTES February 2, 2016 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 February 2, 2016, of the City Council of the City of San Juan Capistrano to order at 5:08 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. 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. 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; and Ron Denman, Parks, Recreation, Senior and Youth Services Commission; Jack Hunt and Ray Miller, Utilities Commission; and Bob Cardoza, Design Review Committee. 2. CITY COUNCIL REPORTS — MOVED AFTER COUNCIL ACTION ITEMS 3. RECOGNITION OF SADDLEBACK VALLEY CHRISTIAN HIGH SCHOOL FOOTBALL TEAM FOR A CIF CHAMPIONSHIP (610.40) — ITEM MOVED TO MARCH 1, 2016 4. CINDY RUSSELL, CHIEF FINANCIAL OFFICER/CITY TREASURER RECOGNIZED FOR 30 YEARS OF LOYAL SERVICE TO THE CITY OF SAN JUAN CAPISTRANO (610.40) 5_ PFM PRESENTED THE CITY'S QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2015 (350.10) 1 ORAL COMMUNICATIONS: • Kathy Hooper, City resident; Steve Behmerwohld, City resident; Trevor Dale, City resident; Frank Larking, City resident; Tina Auclair, City resident; Evonne Murray, City resident; Lennie DeCaro, City resident (provided a handout); Kim McCarthy, City resident; and Mark Speros, City resident. PUBLIC HEARING: D1. TEMPORARY STREET CLOSURES FOR THE FIESTA DE LAS GOLONDRINAS CELEBRATION, THE 58TH ANNUAL SWALLOWS DAY PARADE AND MERCADO ON SATURDAY, MARCH 12, 2016, APPROVED; ISSUANCE OF A PARADE PERMIT TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION (FIESTA ASSOCIATION), PER THE CITY MUNICIPAL CODE, SECTION 5-11.05(8), APPROVED; MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION (FIESTA ASSOCIATION) AND THE CITY OF SAN JUAN CAPISTRANO, WHICH RECOGNIZES THE FIESTA ASSOCIATION AS THE LEAD AGENCY IN PLANNING, COORDINATING AND CONDUCTING ALL OFFICIAL EVENTS ASSOCIATED WITH THE 2016 FIESTA DE LAS GOLONDRINAS CELEBRATION, APPROVED; AND, RESOLUTION 16-02-02-01 ADOPTED APPROVING A REQUEST FOR AN EXCEPTION TO THE CITY'S FIREARM DISCHARGE REGULATIONS FOR THE SWALLOWS DAY PARADE HELD DURING THE ANNUAL 2016 FIESTA DE LAS GOLONDRINAS CELEBRATION (660.10) George Alvarez, City Engineer/Traffic Engineer, provided an agenda report and responded to questions. Lt. Scott Spalding, Chief of Police Services, responded to questions. Mayor Patterson opened the public hearing, and invited public testimony. • Public Testimony: Jim Eakin, San Juan Capistrano Fiesta Association. Mayor Patterson closed the public hearing. Council Action: Moved by Council Member Reeve, seconded by Council Member Perry, and carried 4-1 with Mayor pro tem Ferguson opposed to approve the temporary street closures for the Fiesta de las Golondrinas Celebration; the 58th Annual Swallows Day Parade and Mercado on Saturday, March 12, 2016; approve the issuance of a parade permit to the San Juan Capistrano Fiesta Association (Fiesta Association), per the City Municipal Code, Section 5-11.05(b); approve a Memorandum of Understanding (MOU) between the San Juan Capistrano Fiesta Association (Fiesta Association) and the City of San Juan Capistrano, which recognizes the Fiesta Association as the lead agency in planning, coordinating and conducting all official events associated with the 2016 Fiesta de las Golondrinas Celebration; and, adopt RESOLUTION 16-02-02-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REQUEST FOR AN EXCEPTION TO THE CITY'S FIREARM DISCHARGE REGULATIONS FOR THE SWALLOWS DAY PARADE HELD DURING THE ANNUAL 2016 FIESTA DE LAS GOLONDRINAS CELEBRATION;" and pray for no rain. 2 2/2/2016 ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Perry, Allevato and Mayor Patterson NOES: COUNCIL MEMBER: Mayor pro tern Ferguson ABSENT: COUNCIL MEMBER: None ADMINISTRATIVE ITEMS: E1 FINANCE SERVICES a. UPDATE ON THE CONDUCT OF COMMERCIAL FILMING AND THE CITY'S ANNUAL STILL PHOTOGRAPHY PERMIT PROCESS, RECEIVED AND FILED — NO FORMAL ACTION TAKEN (660.10) • Public Correspondence: Jeff Vasquez, City resident. Cindy Russell, Chief Financial Officer/City Treasurer provided an agenda report and responded to questions. • Public Comments: Tyler Marolf, City resident; Stephen Rios, City resident; and Jeff Vasquez, City resident. b. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 1 OF TITLE 3 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING BUSINESS LICENSE REGULATIONS, APPROVED (390.60) Cindy Russell, Chief Financial Officer/City Treasurer provided a PowerPoint presentation and responded to questions. • Public Comments: Mark Bodenhamer, Chamber of Commerce; and John Giolloti, City Business Owner. Maria Morris, City Clerk, read the title of the ordinance. Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem Ferguson, and carried unanimously to approve the first reading and introduction of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING VARIOUS SECTIONS OF CHAPTER 1 OF TITLE 3 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING BUSINESS LICENSE REGULATIONS." 3 2/2/2016 C. FISCAL YEAR 2015-16 SECOND QUARTER FINANCIAL REPORT, RECEIVED AND FILED; PROPOSED ADJUSTMENTS TO THE CITY'S OPERATING AND CAPITAL PROJECT FUNDS APPROVED AS PRESENTED; STAFF AUTHORIZED TO TRANSFER UP TO $180,000 OF SALARY SAVINGS FROM THE VACANT PUBLIC WORKS/UTILITIES DIRECTOR POSITION TO "CONTRACTED SERVICES" TO FUND THE INTERIM PUBLIC WORKS/UTILITIES DIRECTOR SERVICES PROVIDED BY CIVILSOURCE, INC.; AND, STAFF AUTHORIZED TO TRANSFER $56,570 CONSISTING OF SALARY SAVINGS FROM THE VACANT ASSISTANT PUBLIC WORKS DIRECTOR POSITION AND CONTRACTED DEVELOPMENT ENGINEERING COSTS TO FUND PROFESSIONAL SERVICES RELATED TO THE CITY'S ENVIRONMENTAL AND STORM WATER QUALITY COMPLIANCE PROGRAM PROVIDED BY AMEC FOSTER WHEELER ENVIRONMENT AND INFRASTRUCTURE, INC. (330.20) Cindy Russell, Chief Financial Officer/City Treasurer provided a PowerPoint presentation and responded to questions. George Alvarez, City Engineer/Traffic Engineer, responded to questions. Public Comments: Larry Kramer, City resident. Council Action: Moved by Council Member Perry, seconded by Mayor pro tem Ferguson, and carried unanimously to receive and file the Fiscal Year 2015-16 Second Quarter Financial Report; approve the proposed adjustments to the City's operating and capital project funds as presented; authorize staff to transfer up to $180,000 of salary savings from the vacant Public Works/Utilities Director position to "contracted services" to fund the Interim Public Works/Utilities Director services provided by CivilSource, Inc., and, authorize staff to transfer $56,570 consisting of salary savings from the vacant Assistant Public Works Director position and contracted development engineering costs to fund professional services related to the City's environmental and storm water quality compliance program provided by Amec Foster Wheeler Environment and Infrastructure, Inc. E2 PUBLIC WORKS a. RESOLUTION NO. 16-02-02-02 ADOPTED APPROVING THE SUBMITTAL OF 2016 SUMMER TROLLEY IMPROVEMENT PROJECT(S) TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER PROJECT V COMMUNITY BASED TRANSIT/CIRCULATORS (940.40) George Alvarez, City Engineer/Traffic Engineer, provided a PowerPoint Presentation and responded to questions. Cindy Russell, Chief Financial Officer/City Treasurer, responded to questions. ■ Public Comments: Steve Behmerwohld, City resident. 4 2/2/2016 Council Action: Moved by Council Member Reeve, seconded by Council Member Perry, and carried 4-1 with Council Member Allevato opposed to adopt RESOLUTION NO. 16-02-02-02 entitled `A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE SUBMITTAL OF 2016 SUMMER TROLLEY IMPROVEMENT PROJECT(S) TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER PROJECT V COMMUNITY BASED TRANSIT/CIRCULATORS." ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Perry, Ferguson and Mayor Patterson NOES: COUNCIL MEMBER: Allevato ABSENT: COUNCIL MEMBER: None E3 CITY ATTORNEY a. "SUSPENSION OF THE RULES" (CITY COUNCIL POLICY 130 — RULES OF ORDER AND PROCEDURES) TO RECONSIDER THE CITY COUNCIL ACTION TAKEN OF SEPTEMBER 1, 2015, REGARDING FLOODPLAIN LAND USE PERMIT (FP) 15-001), APPROVED; AND STAFF DIRECTED TO NOTICE A FEBRUARY 16, 2016, PUBLIC HEARING FOR RECONSIDERATION (550.10) Elizabeth Hull, Assistant City Attorney, provided an agenda report and responded to questions. Public Comments: Anna Dickinson, City resident. IST Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Ferguson, and carried 4-1 with Mayor Patterson opposed to "suspend the rules" (City Council Policy 130 — Rules of Order and Procedures) to reconsider the City Council action taken of September 1, 2015, regarding Floodplain Land Use Permit (FP) 15-001. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Perry, Allevato and Mayor pro tem Ferguson NOES: COUNCIL MEMBER: Mayor Patterson ABSENT: COUNCIL MEMBER: None 2nd Council Action: Moved by Council Member Reeve, seconded by Council Member Allevato, and carried 4-1 with Mayor Patterson opposed to direct staff to notice a February 16, 2016, public hearing for reconsideration. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Perry, Allevato and Mayor pro tern Ferguson NOES: COUNCIL MEMBER: Mayor Patterson ABSENT: COUNCIL MEMBER: None 5 2/2/2016 CONSENT CALENDAR: 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2. CITY COUNCIL MINUTES — SPECIAL MEETING OF JANUARY 18, 2016, (CLOSED SESSION) — CONTINUED TO FEBRUARY 16, 2016 3. CITY COUNCIL MINUTES — REGULAR MEETING OF JANUARY 18, 2016 — CONTINUED TO FEBRUARY 16, 2016 4. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF JANUARY 25, 2016 — CONTINUED TO FEBRUARY 16, 2016 5. REVIEW OF THE CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED DECEMBER 25, 2015, TO JANUARY 7, 2016; PAYROLL (CHECKS) DATED DECEMBER 31, 2015; PAYROLL (DIRECT DEPOSITS) DATED DECEMBER 31, 2015 — CONTINUED TO FEBRUARY 16, 2016 (300.30) 6. REVIEW OF CASH AND INVESTMENT REPORT FOR THE MONTH ENDED DECEMBER 31, 2015 — CONTINUED TO FEBRUARY 16, 2016 (420.20) 7. RESOLUTION NO. 16-02-02-03 ADOPTED DELEGATING TO THE INTERIM CITY TREASURER AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST CITY FUNDS, AUTHORIZING SIGNATURES AND REPEALING RESOLUTION NO. 15-12-01-01" (320.10) Council Action: Moved by Council Member Perry, seconded by Mayor pro tem Ferguson, and carried unanimously to adopt RESOLUTION NO. 16-02-02-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DELEGATING TO THE INTERIM CITY TREASURER AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST CITY FUNDS, AUTHORIZING SIGNATURES AND REPEALING RESOLUTION NO. 15-12-01-01." 8. CONSIDERATION OF A RESOLUTION TO EXECUTE THE RIGHT-OF-WAY CERTIFICATION FOR THE CAMINO CAPISTRANO PAVEMENT REHABILITATION PROJECT # STPL 5372(016) LA ZANJA STREET TO OSO ROAD; AND DELEGATE AUTHORITY FOR THE MAYOR TO SIGN THE INTERIM SHORT FORM RIGHT-OF-WAY CERTIFICATION FOR LOCAL ASSISTANCE PROJECT (CIP 16109) — CONTINUED TO FEBRUARY 16, 2016 (600.30) 9. CONSIDERATION OF APPROVING A SUMMARY VACATION OF UNDEVELOPED PUBLIC RIGHT OF WAY AT 12345 RANCHO VIEJO ROAD (FORMERLY ROSENBAUM ROAD) — CONTINUED TO FEBRUARY 16, 2016 (820.40) 6 2/2/2016 10. UPDATE ON COSTS FOR THE WORK PLAN FOR THE POTENTIAL CHANGE IN THE ORGANIZATION OF THE CITY'S WATER, SEWER AND STORMWATER UTILITY; APPROVE AN AMENDMENT TO THE AGREEMENT WITH BROWNSTEIN HYATT FARBER SCHRECK; AND APPROPRIATION OF FUNDS — CONTINUED TO FEBRUARY 16, 2016 (600.30) 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) COUNCIL ACTION ITEMS: 1. 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 — CONTINUED TO FEBRUARY 16, 2016 (610.60) 2. CONSIDERATION OF A STOP SIGNAL AT AVENIDA SIEGA AND ORTEGA HIGHWAY; AND POSSIBLE "NO PARKING" ZONES ALONG THE NORTH SIDE OF ORTEGA HIGHWAY (590.50/570.30) Council Member Perry provided PowerPoint Presentation. Public Comments: Anna Dickinson, City resident; Larry Kramer, City resident; Bob Cardoza, City resident; Trevor Dale, City resident; Lennie DeCaro, City resident; and Mark Speros, City resident. Council Action: Moved by Mayor pro tem Ferguson, seconded by Mayor Patterson, and carried 3-2 with Council Member Reeve and Council Member Allevato opposed to direct staff to look into, and bring back to the City Council a traffic control signal at Avenida Siega and Ortega Highway; direct staff to investigate, and bring back to the City Council "no parking" zones along the North side of Ortega Highway; and investigate other enhancements to aid residents in accessing the Ortega Highway. ROLL CALL: AYES: COUNCIL MEMBER: Perry, Ferguson and Mayor Patterson NOES: COUNCIL MEMBER: Reeve and Allevato ABSENT: COUNCIL MEMBER: None CITY COUNCIL REPORTS — CONTINUED TO FEBRUARY 16, 2016 7 2/2/2016 ADJOURNMENT: There being no further business Mayor Patterson adjourned the meeting at 9:31 p.m. to Tuesday, February 16, 2016, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public Business Session, in the City Council Chamber. Respq'c ly submitted, M MA [ M RRIS, Cl LE tv) Approved: February 16, 2016 2L�� AM PATTERSON, ESQ., MA 75K-- 8 2/2/2016