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