16-0405_CC_Minutes_Regular MeetingMINUTES
April 5, 2016
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Patterson called the Regular Meeting of April 5, 2016, of the
City Council of the City of San Juan Capistrano to order at 6:22 p.m. in the
City Council Chamber. Mayor pro tern Ferguson led the Pledge of Allegiance and
Council Member Perry gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Pam Patterson, Esq., Mayor pro tern
Kerry K. Ferguson, and Council Members John M. Perry and Sam Allevato.
COUNCIL MEMBERS ABSENT: Derek Reeve.
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: The meeting was dedicated in Memory and in Celebration of
Josephine Romero's 103 Years of Life . She was a Long-Time Resident, Senior's Club
Member, and former San Juan Capistrano Senior Citizen Honorary Queen .
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 turned the meeting over to Mayor pro tern Ferguson and stepped out
of the Council Chamber.
CITY COUNCIL REPORTS:
• Council Member Allevato reported on the following: attending the
League of California Cities Sober Living Homes Regional Event.
• Council Member Perry provided information about water conservation, and
made clarifications on the City's water rates.
• Mayor pro tern Ferguson reported on the following: attending the League of
California Cities Sober Living Forum; a South Orange County Mobility Workshop;
and an Infrastructure Tour of Rancho Mission Viejo.
INTRODUCTIONS AND PRESENTATIONS:
B1 . 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; Ron Denman, Thomas Perrin, Jr., and Robert Parks, Parks, Recreation,
Senior and Youth Services Commission; Robert Sterzenbach , Jack Hunt and
Ray Miller, Utilities Commission ; and Bob Cardoza, Design Review Committee.
1
B2 . JUAN LOPEZ, RECOGNIZED AS DEPUTY OF THE YEAR (640.10)
B3 . CHARLIE CLARK, RECOGNIZED AS ASSOCIATED SENIOR ACTION
PROGRAM (ASAP) VOLUNTEER OF THE YEAR (640.10)
B4. RECOGNITION OF DONORS FOR RENOVATIONS AT THE HAUSDORFER
FIELD (640.10)-PRESENTATION CONTINUED TO A FUTURE MEETING
Mayor Patterson returned to the Council Chamber and took control of the meeting .
ORAL COMMUNICATIONS:
• Cricket Jamet, parent advisor and Dana Point resident, and the following
5th Grade STEM/Robotics Team from John Malcolm Elementary School provided a
presentation about human tissue regeneration and nanobot technology for their
upcoming VEX Robotics World Competition: Alexander Sweeney, Dana Point
resident; Sophia Misri, San Juan Capistrano resident; Sophia Anderson, Dana Point
resident; Sharon and Cole Fancher, Laguna Niguel residents; Nathan Jamet,
Dana Point resident; Jake Hett, Monarch Beach resident; Nara Garrtt lmfeld,
Laguna Niguel resident; and Debbie Cifone, Laguna Niguel resident.
• Kathy Hooper, City resident; Larry Kramer, City resident; and Steve Behmerwohld,
City resident.
PUBLIC HEARINGS: None.
ADMINISTRATIVE ITEMS:
E1 CITY MANAGER
a. CONCLUSION OF CITY'S UTILITY REORGANIZATION STUDY AND
IMPLEMENTATION OF NEXT STEPS (600.30/1050.10)
Ben Siegel, City Manager, provided an agenda report and responded to
questions. Stephanie Hastings, Brownstein Hyatt Farber Schreck; and
Dean Gipson, HDR, provided a PowerPoint presentation and responded to
questions.
• Public Comments: Ray Miller, Utilities Commissioner; and Richard Gardner,
Capistrano Beach resident.
2 4/5/2016
Council Action: Moved by Mayor pro tern Ferguson, seconded by
Council Member Perry, and carried 3-1-0 with Council Member Allevato opposed
and Council Member Reeve absent to:
1. Conclude the Utility Reorganization Study.
2. Direct staff to convene one or more workshops with the Utilities Commission
and the public to develop specific criteria that should guide the City's
consideration of a potential change in organization.
3. Implement a public outreach program, including posting information about the
Utility Reorganization Study to the City's website and notifying the public and
media about the availability of this information.
4. Direct staff to prepare an application to the Orange County Local Agency
Formation (LAFCO) for a Focus Municipal Service Review (MSR).
5. Appropriate $150,000 from the Water Fund to cover anticipated costs
associated with the LAFCO review process and related professional services.
ROLL CALL:
AYES: COUNCIL MEMBER: Perry, Ferguson and Mayor Patterson
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: Reeve
CONSENT CALENDAR:
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tern
Ferguson, and carried 4-0 with Council Member Reeve absent to approve consent
calendar items 1 through 15, 17 and 18, as recommended by staff, with Mayor pro tern
Ferguson and Council Member Perry abstaining from consent calendar item 4;
Mayor Patterson opposed to consent calendar item 8; and Mayor pro tern Ferguson
making a statement for consent calendar item 11 .
ROLL CALL:
AYES: COUNCIL MEMBER: Perry, Allevato, Ferguson and Mayor Patterson
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Reeve
F1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED .
F2 . CITY COUNCIL MINUTES -SPECIAL MEETING OF MARCH 15, 2016,
(CLOSED SESSION), APPROVED
F3 . CITY COUNCIL MINUTES -REGULAR MEETING OF MARCH 15, 2016,
APPROVED
F4 . REVIEW OF THE CHECK REGISTER FOR ELECTRONIC TRANSACTIONS
AND CHECKS DATED FEBRUARY 19, 2016, TO MARCH 3, 2016; CHECKS
DATED MARCH 4, 2016, TO MARCH 17, 2016; PAYROLL (CHECKS)
DATED MARCH 11, 2016; AND PAYROLL (DIRECT DEPOSITS) DATED
MARCH 11, 2016, RECEIVED AND FILED (300.30)
3 4/5/2016
Council Member Perry abstained on any possible checks paid to the
San Juan Hills Golf Club, due to proximity of his residence with the
San Juan Hills Golf Club. Mayor protem Ferguson abstained to any checks paid
to Excel Electric, due to proximity to her residence.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato and Mayor Patterson
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Reeve
ABSTAINED: COUNCIL MEMBER: Perry and Mayor protem Ferguson
F5 . REVIEW OF CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
FEBRUARY 29, 2016, RECEIVED AND FILED (350.30)
F6 . SECOND AMENDED AND RESTATED JOINT COMMUNITY FACILITIES
AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO,
CAPISTRANO UNIFIED SCHOOL DISTRICT, COMMUNITY FACILITIES
DISTRICT NO. 98-1A OF THE CAPISTRANO UNIFIED SCHOOL DISTRICT
(PACIFICA SAN JUAN) FOR THE COMMUNITY FACILITIES DISTRICT NO.
98-1A AND 98-1 B OF THE CAPISTRANO UNIFIED SCHOOL DISTRICT
(PACIFICA SAN JUAN)," APPROVED (600.30)
F7. RESOLUTION NO. 16-04-05-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING RESOLUTION NO. 16-02-16-05, THE
CITY'S CLASSIFICATION AND COMPENSATION PLAN, TO ADD THE
CLASSIFICATION OF ASSISTANT CITY CLERK (700.20)
F8. ORDINANCE 1030 ADOPTED ENTITLED "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING A NEGATIVE DECLARATION AND APPROVING AN
AMENDMENT TO SECTOR "C" OF THE ORTEGA PLANNED COMMUNITY
COMPREHENSIVE DEVELOPMENT PLAN 78-01 ESTABLISHED BY LAND
USE CODE SECTION 9-3.315 PLANNED COMMUNITY TO ALLOW MEDICAL
AND DENTAL USES AS A PERMITTED, PRINCIPAL USE (PROJECT NAME:
ORTEGA COTTAGES) (PROJECT NUMBER: CA 15-004) (APPLICANT NAME:
DUNBAR ORTEGA, LLC)" (420.40)
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Perry, Allevato and Mayor protem Ferguson
COUNCIL MEMBER: Mayor Patterson
COUNCIL MEMBER: Reeve
4 4/5/2016
F9. ORDINANCE 1031 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
IMPOSING A TEMPORARY MORATORIUM ON THE PERMITTING OR
ESTABLISHMENT IN RESIDENTIAL ZONES OF CONGREGATE LIVING
FACILITIES, SUBJECT TO REASONABLE ACCOMMODATION, TO ALLOW
TIME FOR CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE
CITY MUNICIPAL CODE" (460.30)
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Perry, Allevato, Ferguson and Mayor Patterson
COUNCIL MEMBER: None
COUNCIL MEMBER: Reeve
F10. WATER RATE REFUND CLAIM WHICH WAS FILED WITH THE CITY CLERK
AND IDENTIFIED IN THE AGENDA REPORT, DENIED (170.70)
F11. REQUEST TO INSTALL ARTWORK ON A TEMPORARY CONSTRUCTION
FENCE LOCATED AT 26891 ORTEGA HIGHWAY, MISSION INN SAN JUAN
CAPISTRANO, APPROVED (820.75)
Mayor pro tern Ferguson stated that the name for the Mission Inn is
Mission Inn at San Juan Capistrano.
F12 . DONATION FROM MR. DURAID ANTONE TO INSTALL HYBRID BERMUDA
GRASS IN THE INFIELD AT HAUSDORFER FIELD; AND DONATION FROM
MR. TONY ARNONE OF GREEN MESH WIND SCREENS FOR THE
OUTFIELD FENCE AND HOME PLATE FENCE AT HAUSDORFER FIELD,
ACCEPTED (150.1 0)
F13. RESOLUTION NO. 16-04-05-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR CAMINO CAPISTRANO AMERICANS WITH
DISABILITIES ACT (ADA) RAMP RECONSTRUCTION FROM SAN JUAN
CREEK ROAD TO LA ZANJA STREET ESPL 5372 (012) PROJECT (UNIQUE
PERFORMANCE CONSTRUCTION, INC.) (CIP 071 05);" CITY CLERK
DIRECTED TO PROCESS RECORDING OF A NOTICE OF COMPLETION;
AND STAFF AUTHORIZED TO RELEASE THE PROJECT RETENTION, IN
THE AMOUNT OF $10,398.62, THIRTY-FIVE DAYS AFTER RECORDATION
(600.30)
F14. RESOLUTION NO. 16-04-05-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETE AS TO
SPECIFICATIONS FOR THE CITYWIDE REGULATORY TRAFFIC SIGN
REPLACEMENT PROGRAM (CIP 11101) (3M COMPANY, INC.);" CITY CLERK
DIRECTED TO RECORD THE NOTICE OF COMPLETION; AND STAFF
5 4/5/2016
AUTHORIZED TO RELEASE THE PROJECT RETENTION THIRTY FIVE (35)
DAYS AFTER RECORDATION, IN THE AMOUNT OF $73,070.64.
F15. RATIFICATION AND APPROPRIATION OF FUNDS FROM THE GENERAL
FUND RESERVE IN THE AMOUNT OF $47,500 FOR EMERGENCY STORM
DRAIN REPAIRS AND CLEANING, APPROVED (330.20)
F16. CONSIDERATION OF AN EXTENSION AND AMENDMENT TO THE
2009 WASTE DISPOSAL AGREEMENT WITH THE COUNTY OF ORANGE
WITH REVISED EFFECTIVE DATE OF JUNE 30, 2016 (600.50) -ITEM
CONTINUED TO APRIL 19, 2016
• Public Correspondence: Mark Speros, City resident.
Ben Siegel, City Manager, provided an agenda report and responded to
questions. Steve May, Public Works and Utilities Director, responded to
questions.
• Public Comments: Dylan Wright, Director of Orange County Waste and
Recycling.
Council Action: Moved by Mayor pro tern Ferguson, seconded by
Council Member Perry, and carried 3-1-0 with Council Member Allevato opposed
and Council Member Reeve absent to continue the item to the April 19, 2016,
City Council meeting, and direct staff to work with the County of Orange on
mitigation measures as discussed at this meeting.
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Perry, Ferguson and Mayor Patterson
COUNCIL MEMBER: Allevato
COUNCIL MEMBER: Reeve
F17. THE FOLLOWING PURCHASES APPROVED VIA THE EMERGENCY
PURCHASING AUTHORIZATION PROCESS FOR REPAIR OF THE GROUND
WATER RECOVERY PLANT REVERSE OSMOSIS UNIT A PUMP AND
MOTOR, RATIFIED: 1). VAUGHAN'S INDUSTRIAL REPAIR, IN THE AMOUNT
OF $6,940.61; AND 2). RPM ELECTRIC MOTORS, INC., IN THE AMOUNT OF
$10,165.01 (330.20)
F18. EXPANDED USE OF EXCESSIVE WATER USE PENALTY REVENUES FOR
TEMPORARY WATER CONSERVATION STAFF, RESOURCES, AND
PROGRAMS, APPROVED (1 050.90)
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)
6 4/5/2016
COUNCIL ACTION ITEMS:
11. STAFF DIRECTED TO PREPARE LETTERS OF SUPPORT FOR SENATE BILL
(SB 1283) -SUBSTANCE ABUSE: ADULT RECOVERY MAINTENANCE
FACILITIES BY SENATOR PATRICIA BATES; AND ASSEMBLY BILLS (AB
2255) -SOBER LIVING HOMES BY ASSEMBLYWOMAN MELISSA
MELENDEZ; (AB 2403) -ALCOHOLISM OR DRUG ABUSE RECOVERY OR
TREATMENT FACILITIES BY ASSEMBLYMAN RICHARD BLOOM; AND (AB
2772)-DRUG TREATMENT PROGRAMS BY ASSEMBLYWOMAN LING-LING
CHANG; AND MAYOR AUTHORIZED TO EXECUTE AND STAFF TO SEND
THE LETTERS OF SUPPORT, WHEN DETERMINED TO BE APPROPRIATE
BY THE CITY MANAGER PENDING ADVANCEMENT OF THE BILLS
THROUGH THE LEGISLATIVE PROCESS (660.40)
Mayor protem Ferguson and Council Member Allevato provided a report.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Perry, and carried 4-0 with Council Member Reeve absent to
direct staff to prepare letters of support for Senate Bill (SB 1283) -Substance
Abuse: Adult Recovery Maintenance Facilities by Senator Patricia Bates; and
Assembly Bills (AB 2255) -Sober Living Homes by Assemblywoman Melissa
Melendez; (AB 2403) -Alcoholism or Drug Abuse Recovery or Treatment
Facilities by Assemblyman Richard Bloom ; and (AB 2772) -Drug Treatment
Programs by Assemblywoman Ling-Ling Chang; and authorize the Mayor to
execute and staff to send the letters of support, when determined to be
appropriate by the City Manager pending advancement of the bills through the
legislative process.
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Perry, Allevato, Ferguson and Mayor Patterson
COUNCIL MEMBER: None
COUNCIL MEMBER: Reeve
7 4/5/2016
ADJOURNMENT:
There being no further business Mayor Patterson adjourned the meeting at 8:48 p.m.
to Tuesday, April19, 2016, at 4:00p.m. for Closed Session, and 5:00p.m. for the public
Bu~· ess1 ession , in the City Council Chamber; and then reconvened the April 5, 2016,
2:00 .m! Closed Session meeting. I I
Approved: April 19, 2016
8 4/5/2016