16-0301_CC_Minutes_Regular MeetingMINUTES
March 1,2016
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Patterson called the Regular Meeting of March 1, 2016, of the
City Council of the City of San Juan Capistrano to order at 5:24 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:
Kerry K. Ferguson, and Council
Sam Allevato.
Mayor Pam Patterson, Esq., Mayor pro tem
Members Derek Reeve, John M. Perry and
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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:
MAYOR PRO TEM FERGUSON INTRODUCED THE FOLLOWING
INDIVIDUALS lN ATTENDANCE: Gerald Muir, Parks, Recreation, Senior and
Youth Services Commission, Design Review Committee, and Youth Advisory
Board; Ron Denman, Thomas Perrin, Jr., and Eva Crabbs, Parks, Recreation,
Senior and Youth Services Commission; Robert Sterzenbach, Utilities
Commission; Gail Zukow, Trails and Equestrian Commission; and
Cate Petersen and Emily Friess, Youth Advisory Board.
FEBRUARY 1, 2016, THROUGH APRIL 30, 2016, PROCLAIMED AS
FIESTA DE LAS GOLONDRINAS; AND THE FIESTA ASSOCIATION JUDGE
CoNDUCTED THE ANNUAL "HANGING OF THE MAYOR" (610.40)
SADDLEBACK VALLEY CHRISTIAN HIGH SCHOOL FOOTBALL TEAM
RECOGNTZED FOR rTS CrF CHAMPIONSHIP (610.40)
MAY 21 , 2016, PROCLAIMED AS "RELAY FOR LIFE PAINT THE TOWN
PURPLE DAY" (610.40)
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ORAL COMMUNICATIONS
Stephanie Frisch, City resident; Chuck Krolikowski, Newmayer & Dillon, LLP;
Frank Larkin, City resident; Kathy Hooper, City resident; Dana Yarger, Dana Point
resident (provided handout); Sandie Weaver, City resident; and Mary Demers,
Friends of the Library (provided handout).
PUBLIC HEARINGS: None
ADMINISTRAT¡VE ITEMS
E1 CITY MANAGER AND CITY ATTO RNFY
CITY MANAGER AND CITY ATTORNEY AUTHORIZED TO SELECT A
DEMOGRAPHER; CITY MANAGER AUTHORIZED TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT TO PROVIDE DEMOGRAPHIC
SERVICES TO TRANSITION FROM AT-LARGE ELECTIONS TO BY-DISTRICT
ELECTIONS, lN AN AMOUNT NOT TO EXCEED $45,000; AND
APPROPRIATION FROM GENERAL FUND RESERVE (NOT TO EXCEED
$22,000) EQUAL TO THE AMOUNT OF THE PROFESSIONAL SERVICES
AGREEMENT, APPROVED (600.30)
Jeff Ballinger, City Attorney, provided an agenda report and responded to
questions.
Council Action: Moved by Mayor pro tem Ferguson, seconded by
Council Member Perry, and carried unanimously to authorize the City Manager
and the City Attorney to select a demographer; authorize the City Manager to
execute a Professional Services Agreement to provide demographic services to
transition from Atlarge Elections to By-District Elections, in an amount not to
exceed $45,000; and approve an appropriation from General Fund reserve
(not to exceed $45,000) equal to the amount of the Professional Services
Agreement.
STAFF DIRECTED TO INITIATE NEGOTIATIONS WITH BLENHEIM
(INCLUDING THE GENERAL TERMS OF SUCH NEGOTIATIONS); AND THE
RECREATIONAL ELEMENTS OF THE RIDING PARK DEFERRED TO THE
PARKS, RECREATION, SENIOR AND YOUTH SERVICES COMMISSION
(600.30)
. Public Comments: Ginny Kerr, City resident; Grace Miane, City resident; and
Jeffrey R. Grether, Best Western Capistrano lnn Owner.
Jeff Ballinger, City Attorney, provided an agenda report and responded to
questions. Ben Siegel, City Manager, responded to questions.
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. Public Comments: Mark Bodenhamer, Chamber of Commerce;
Kathy Hooper, City resident; Sandie Weaver, City resident; Dr. Julie Ryan
Johnson, San Juan Capistrano Equestrian Coalition; Monique Rea,
City resident; Shelly Barker, City resident; Laura Freese, City resident;
Eva Crabbs, City resident; and Steve Behmerwohld, City resident.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Reeve, and carried unanimously to direct staff to initiate
negotiations with Blenheim Facility Management, LLC (including the general
terms of such negotiations); and refer the recreational elements of the
Rancho Mission Viejo Riding Park at San Juan Capistrano to the
Parks, Recreation, Senior and Youth Services Commission.
E,l PUBLIC WORKS
RESOLUTION NO 16.03.01.01 ADOPTED CERTIFYING THAT THE CITY HAS
THE RESOURCES TO FUND THE PROJECTS SUBMITTED FOR INCLUSION
IN THE 2017 FEDERAL TRANSPORTATION IMPROVEMENT PROGRAM AND
HAS THE RESOURCES TO FUND THE PROJECTS IN THE FEDERAL FISCAL
YEAR (FFY) 201612017 - 2021t2022 TRANSPORTATTON TMPROVEMENT
PROGRAM AND AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL
PROJECTS rN THE PROGRAM (Crp 16109) (Crp 11203) (800.701930.50)
George Alvarez, City Engineer, provided an agenda report
Council Action: Moved by Council Member Allevato, seconded by
Mayor pro tem Ferguson, and carried unanimously to adopt RESOLUTION
16-03-01-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THAT THE CITY
HAS THE RESOURCES TO FUND THE PROJECTS SUBMITTED FOR
INCLUSION IN THE 2017 FEDERAL TRANSPORTATION IMPROVEMENT
PROGRAM AND HAS THE RESOURCES TO FUND THE PROJECTS IN THE
FEDERAL FTSCAL YEAR (FFY) 2016t2017 - 2021t2022 TRANSPORTATTON
IMPROVEMENT PROGRAM AND AFFIRMS ITS COMMITMENT TO
TMPLEMENT ALL PROJECTS rN THE PROGRAM (Crp 16109) (Crp11203)."
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member
Allevato, and carried unanimouslyto approve consentcalendar items 1 through 13, as
recommended by staff, with Mayor pro tem Ferguson and Council Member Perry
abstaining from consent calendar item 5.
MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED
CITY COUNCIL MINUTES - SPECIAL MEETING OF FEBRUARY 11, 2016,
(cLosED SESStON), APPROVED
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CITY COUNCIL MINUTES - SPECIAL MEETING OF FEBRUARY 16, 2016
(cLosED SESSION), APPROVED
CITY COUNCIL MINUTES _ REGULAR MEETING OF FEBRUARY 16, 2016,
APPROVED
REVIEW OF THE CHECK REGISTER FOR ELECTRONIC TRANSACTIONS
AND CHECKS DATED JANUARY 22, 2016, TO FEBRUARY 4, 2016;
PAYROLL (CHECKS) DATED JANUARY 29, 2016; AND PAYROLL (DIRECT
DEpoStTsj onrco JANUARY 29,2016, REcEIVED AND FILED (300.30)
Council Member Perry abstained due to proximity of his residence with the
San Juan Hills Golf Clúb. Mayor pro tem Ferguson abstained due to proximity to
her residence.
ROLL CALL:
AYES:
NOES:
ABSENT:
ABSTAINED
COUNCIL MEMBER: Allevato, Reeve and Mayor Patterson
COUNCIL MEMBER: None
COUNCIL MEMBER: None
COUNCIL MEMBER: Perry and Mayor pro tem Ferguson
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REVIEW OF CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
JANUARY 31,2016, RECEIVED AND FILED (350.30)
CORRECTION TO THE
JUNE 2,2015, APPROVED
CITY COUNCIL REGULAR MEETING OF
RESOLUTION NO. 16.03-01.02 ADOPTED 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.
16-02-02-03' (320.10)
RESOLUTION NO. 16.03-01.03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING THE INVESTMENT OF CITY MONIES IN THE
LOCAL AGENCY (350.30)
WATER RATE REFUND CLAIM FROM STEVEN MANDALA, DENIED (170.70)
SECOND AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH
INTERWEST CONSULTING GROUP, INC. FOR PROFESSIONAL
ENGINEERING SERVICES AS CITY ENGINEER/TRAFFIC ENGINEER TO
ADD BUILDING AND GRADING INSPECTION SERVICES, APPROVED
(600.30)
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1S'AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
LILLEY PLANNING GROUP, INC, FOR PLANNING DEVELOPMENT
MANAGEMENT AND PLANNING COUNTER SERVICES FOR A TOTAL
AMOUNT NOT-TO-EXCEED $ 1 OO,OO, APPROVED
1ST AMENDMENT TO PRoFESSIONAL SERVIcES AGREEMENT WITH
MICHAEL BAKER INTERNATIONAL, INC., FOR PLANNING DEVELOPMENT
MANAGEMENT SERVICES FOR A TOTAL AMOUNT NOT-TO-EXCEED
$1 25,000, APPROVED (600.30)
Public Correspondence: David S. Wood, Hotel Capistrano, a Kimpton Hotel
EQUESTRIAN IMPROVEMENTS AT REATA PARK AND EVENT CENTER,
APPROVED, AS RECOMMENDED BY THE TRAILS AND EQUESTRIAN
COMMISSION, t1) INSTALL SIX (6) HITCHING POSTS; 2) INSTALL
MULTI-USE EQUESTRIAN FOOTING lN TWO (2) RINGS; 3) INSTALL
AUTOMATIC SPRINKLER SYSTEMS lN TWO (2) RINGS; 4) INSTALL
HOLDING PENS; 5) INSTALL FOUR (4) AUTOMATIC WATERERS; AND 6)
INSTALL THREE (3) 5'CONCRETE PICNIC TABLES (1 ADA)I; AND BRING
BACK TO THE CITY COUNCTL THE EXPANSTON OF THE ARENA (920.40)
Dori Dudde, Community Services Director, provided an agenda report and
responded to questions.
Commission Representation: Gail Zukow, Trails and Equestrian
Commission, provided the Commission's viewpoints.
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. Public Comments: Elliott Levenson, City resident; Charles Rea,
City resident; Dr. Julie Ryan Johnson, San Juan Capistrano Equestrian
Coalition; and Monique Rea, City resident.
Council Action: Moved by Council Member Perry, seconded by Mayor pro tem
Ferguson, and carried 3-2 with Council Member Reeve and Council Member
Allevato opposed to approve equestrian improvements at Reata Park and Event
Center, as recommended by the Trails and Equestrian Commission, [1) lnstall
Six (6) Hitching Posts; 2) lnstall Multi-Use Equestrian Footing in Two (2) Rings;
3) lnstall Automatic Sprinkler Systems in Two (2) Rings; 4) lnstall Holding Pens;
5) lnstall Four (4) Automatic Waterers; and 6) lnstall Three (3) 5' Concrete Picnic
Tables (1 ADA)I; and bring back to the City Council the expansion of the arena.
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Perry, Ferguson and Mayor Patterson
COUNCIL MEMBER: Reeve and Allevato
COUNCIL MEMBER: None
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15 MODIFICATION TO THE RETENTION AGREEMENT WITH THE LAW FIRM OF
GOODIN, MACBRIDE, SQUERI AND DAY TO ASSIST THE CITY WITH THE
CONTINUED PROCESSING OF THE ENVIRONMENTAL IMPACT REPORT
AND THE ADMINISTRATIVE LAW REVIEW PROCEEDINGS FOR THE SAN
DIEGO GAS AND ELECTRIC COMPANY'S SOUTH ORANGE COUNTY
RELIABILITY ENHANCEMENT PROJECT (SOCRE), lN AN AMOUNT NOT TO
EXCEED AN ADDITIONAL $75,OOO FOR A TOTAL NOT TO EXCEED AMOUNT
oF $375,000, AUTHORIZED; AND, APPROPRIATION OF FUNDS FOR THESE
ADDITIONAL LEGAL AND CONSULTING SERVICES, NOT TO EXCEED
$75,000 FROM GENERAL FUND RESERVES, APPROVED (600.30)
Ben Siegel, City Manager, provided an agenda report.
o Public Comments: Kathleen Petersen, City resident'
Council Action: Moved by Council Member Perry, seconded by Mayor pro tem
Ferguson, and carri
Agreement with the
City with the contin
Administrative Law
ed unanimously to authorize the modification to the Retention
Law Firm of Goodin, Macbride, Squeri and Day to assist the
ued processing of the Environmental lmpact Report and the
Review Proceedings for the San Diego Gas and Electric
Company's South Orange County Reliability Enhancement Project (SOCRE), in
an amount not to exceed an additional $75,000 for a total not to exceed amount
of $375,000; and approve the appropriation of funds for these additional legal
and consulting services, not to exceed $75,000 from General Fund Reserves'
SAN J N CAPISTRAN HOUSING AUTH OR¡TY (Refer to Housing AuthoritY
Minutes)
SUCCES AGENCY TO THE SAN JUAN CAPISTRANO CO MMUNITY
REDEVELOPM ENT AGENCY (Refer to Successor Agency Minutes)
COUNC¡L N ITEMS
1 MAYOR AUTHORIZED TO EXECUTE A LETTER EXPRESSING SUPPORT
FOR ASSEMBLY BILL (AB 1666 TAXPAYER TRANSPARENCY AND
ACCOUNTABILITY) - ASSEMBLYMAN BILL BROUGH (660.40)
Mayor Patterson provided a report.
. Public Comments: Jennifer Beall, Representing Assemblyman Bill Brough
Council Action:Moved by Council Member Reeve, seconded by
Council Member Allevato, and carried unanimously to authorize the Mayor to
execute a letter expressing support for Assembly Bill (AB 1666 - Taxpayer
Transparency and Accountability) - Assemblyman Bill Brough.
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2 BRIAN L, MARYOTT APPOINTED TO FILL THE VACANCY ON THE TRAILS
AND EQUESTRAIN COMMISSION, WITH TERM ENDING MARCH 31,2017
(110.20)
Maria Morris, City Clerk, provided an agenda report.
Council Action: Moved by Council Member Perry, seconded by Mayor pro tem
Ferguson, and carried unanimously to appoint Brian L. Maryott to fill the vacancy
on the Trails and Equestrian Commission, with term ending March 31,2017.
C¡TY COUNCI L REPORTS
Council Member Ferguson reported on the following: attending an upcoming
League of California Cities Sober Living Homes Regional Event; meeting with
residents regarding Sober Living Homes, and read portion of a letter from a resident
regarding impacts to her neighborhood from Sober Living Homes; and attending an
upcoming Southern California Association of Governments (SCAG) Meeting.
Council Member Allevato reported on the following: attending an upcoming
League of California Cities Sober Living Homes Regional Event.
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ADJOURNMENT:
There being no further business Mayor Patterson adjourned the meeting at 8:29 p.m. to
T ay,arch 't5,2016, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public
ession, in the City Council Chamber
sublnitted,
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Approved: March 15, 2016
A
ATTERSON, ESQ,, MAYOR
MA
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