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16-0517_CC_Minutes_Regular Meeting MINUTES May 17, 2016 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Patterson called the Regular Meeting of May 17, 2016, of the City Council of the City of San Juan Capistrano to order at 5:07 p.m. in the City Council Chamber. Mayor pro tem Ferguson led the Pledge of Allegiance and Council Member Perry 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 COUNCIL REPORTS: • Council Member Perry reported attending the following: Association of California Cities — Orange County Water Committee Meeting. • Council Member Allevato reported attending the following: 28th Annual Medal of Valor Ceremony; San Juan Capistrano Equestrian Coalition Kentucky Derby Event; and dedication of the Historical Plaque for San Juan Elementary School, recognized as place of historical significance as the oldest public school in Orange County — Founded in 1850. • Mayor pro tem Ferguson reported attending the following: Southern California Association of Governments Meeting; Transportation Corridors Agencies Meeting; Association of California Cities — Orange County Legislative and Regulatory Committee Meeting; Eagle Scouts Court of Honor Ceremony; Kentucky Derby Day Party; and the Mission's Battle of the Mariachis Event. • Mayor Patterson reported attending the following: 28th Annual Medal of Valor Ceremony; and Vector Control Meeting. 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 and Thomas Perrin, Parks, Recreation, Senior and Youth Services Commission; Bob Cardoza, Design Review Committee; and Julia Delmare, Riley Azzurra, and Kayla Jahangiri, Youth Advisory Board. 1 B2. MARITZA GARCIA RECOGNIZED AS THE BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY YOUTH OF THE YEAR (640.10) B3. KYLE COPLEY, KEVIN HIROSE, PARKER RYAN, AND IAN SYSYN RECOGNIZED FOR ACHIEVING THE EAGLE SCOUT COURT OF HONOR (610.40) 134. CORPORAL JORGE A. FLORES, AND LANCE CORPORAL JACE M. STEVENS RECOGNIZED AS THE 1/11 BATTALION "MARINES OF THE QUARTER" (610.40) ORAL COMMUNICATIONS: • Tina Auclair, City resident; Larry Kramer, City resident; Monique Rea, City resident; and Kayla Jahangiri, Youth Advisory Board. PUBLIC HEARINGS: D1. FIRST READING AND INTRODUCTION OF AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO APPROVING AND ADOPTING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE INN AT THE MISSION SAN JUAN CAPISTRANO PROJECT, FORMERLY KNOWN AS THE PLAZA BANDERAS HOTEL AND MIXED USE PROJECT, BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SOUTH COAST INVESTORS II, LLC EXTENDING THE TERM OF THE DEVELOPMENT AGREEMENT FROM AUGUST 3, 2016, TO AUGUST 3, 2017, FOR A 3.18- ACRE SITE LOCATED AT 26891 ORTEGA HIGHWAY (ASSESSOR PARCEL NUMBERS 124-170-12, 14, 15, &16) (APPLICANT: DAN FRIESS, MISSION COMMERCIAL PROPERTIES, INC.) (THE "PLAZA BANDERAS HOTEL PROJECT")," APPROVED (600.30) David Contreras, Senior Planner, provided an agenda report, and responded to questions. Commission Representation: Mark Speros, Chair of the Planning Commission provided the Commission's affirmative viewpoints. Mayor Patterson opened the public hearing and invited public testimony. • Public Testimony: Tina Auclair, City resident; Ben Ammerman, Save Our Mission — San Juan Capistrano; and Daniel Friess, Mission Commercial. Mayor Patterson closed the public hearing. Maria Morris, City Clerk, read the title of the ordinance. 2 5/17/2016 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 OF SAN JUAN CAPISTRANO APPROVING AND ADOPTING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE INN AT THE MISSION SAN JUAN CAPISTRANO PROJECT, FORMERLY KNOWN AS THE PLAZA BANDERAS HOTEL AND MIXED USE PROJECT, BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND SOUTH COAST INVESTORS II, LLC EXTENDING THE TERM OF THE DEVELOPMENT AGREEMENT FROM AUGUST 3, 2016, TO AUGUST 3, 2017, FOR A 3.18-ACRE SITE LOCATED AT 26891 ORTEGA HIGHWAY (ASSESSOR PARCEL NUMBERS 124-170-12, 14, 15, &16) (APPLICANT: DAN FRIESS, MISSION COMMERCIAL PROPERTIES, INC.) (THE "PLAZA BANDERAS HOTEL PROJECT")." D2. FIRST READING AND INTRODUCTION OF AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO APPROVING AND ADOPTING AN AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT FROM JANUARY 16, 2017, TO JANUARY 16, 2022, FOR AN APPROVED 292-ACRE TRACT TO BE DEVELOPED WITH 416 DWELLING UNITS SUBJECT TO COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01, FORSTER CANYON (APPLICANT: PACIFIC POINT DEVELOPMENT PARTNERS, LLC) (THE "PACIFICA SAN JUAN PROJECT")" (600.30) • Public Correspondence: Bart Kaspero, Esq., Defense Lawyer Corp. Joel Rojas, Development Services Director, provided an agenda report, and responded to questions. • Commission Representation: Mark Speros, Chair of the Planning Commission provided the Commission's affirmative viewpoints. Mayor Patterson opened the public hearing and invited public testimony. • Public Testimony: Bart Kaspero, Esq., Attorney at Law. Mayor Patterson closed the public hearing. Maria Morris, City Clerk, read the title of the ordinance. Council Action: Moved by Council Member Reeve, seconded by Council Member Allevato, 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 APPROVING AND ADOPTING AN AMENDMENT TO THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT FROM JANUARY 16, 2017, TO JANUARY 16, 2022 FOR AN APPROVED 292-ACRE TRACT TO BE DEVELOPED WITH 416 DWELLING UNITS SUBJECT TO COMPREHENSIVE DEVELOPMENT PLAN (CDP) 81-01, FORSTER CANYON (APPLICANT: PACIFIC POINT DEVELOPMENT PARTNERS, LLC) (THE "PACIFICA SAN JUAN PROJECT")." 3 5/17/2016 D3. RESOLUTION NO. 16-05-17-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, VACATING A PORTION OF RIGHT OF WAY FOR ORTEGA HIGHWAY AT 26891, AND RESERVING EASEMENTS AND RIGHTS FOR EXISTING PUBLIC UTILITY FACILITIES;" AND CITY MANAGER AUTHORIZED TO EXECUTE A QUITCLAIM DEED TO SOUTH COAST INVESTORS 11, LLC, FOR THE PORTION OF ORTEGA HIGHWAY VACATED HEREBY, EXCEPTING FROM THE QUITCLAIM ALL EASEMENTS AND RIGHTS REQUIRED TO MAINTAIN, OPERATE, REPLACE, REMOVE OR RENEW EXISTING PUBLIC UTILITIES (820.40) Steve May, Public Works and Utilities Director, provided a PowerPoint presentation and responded to questions. Mayor Patterson opened the public hearing and invited public testimony. • Public Testimony: Ben Ammerman, Save Our Mission — San Juan Capistrano; and Daniel Friess, Mission Commercial. Mayor Patterson closed the public hearing. Council Action: Moved by Council Member Reeve, seconded by Council Member Allevato, and carried unanimously to adopt RESOLUTION NO. 15-05-17-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, VACATING A PORTION OF RIGHT OF WAY FOR ORTEGA HIGHWAY AT 26891, AND RESERVING EASEMENTS AND RIGHTS FOR EXISTING PUBLIC UTILITY FACILITIES;" and authorize the City Manager to execute a Quitclaim Deed to South Coast Investors II, LLC, for the portion of Ortega Highway vacated hereby, excepting from the quitclaim all easements and rights required to maintain, operate, replace, remove or renew existing public utilities. ADMINISTRATIVE ITEMS: E1 COMMUNITY SERVICES a. CONSIDERATION OF SECOND AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH THE BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY — CONTINUED TO MAY 23, 2016 (BUDGET WORKSHOP) • Public Correspondence: Katherine Ransom, City resident; Randy Lubert, City resident; Hal and Krystal Barkate, City residents; Sashi Menon, City resident; Lisa and Randy Dunlevie, City residents; Charles and Monique Rea, City residents; Janice Frechette-Artinger, City residents; Samuel Artinger, City resident; Pete Elroy, Vice President Human Resources UPS West Region; Matthew Gaffney, City resident; David Robinson, City resident, Robert E. Fleisher, CEO Home Delivery Link; Brad Gates, City resident; Jan Siegel, City resident; Jacqueline London, Board Member, Boys and Girls Club of Capistrano Valley; Linda Gossard, residency not provided; and Robert Huber, City resident. 4 5/17/2016 Dori Budde, Community Services Director, provided a PowerPoint Presentation and responded to questions. James Littlejohn, Executive Director, Boys and Girls Clubs of Capistrano Valley, provided a PowerPoint presentation, and responded to questions. • Public Comments: Tina Auclair, City resident (did not speak, but instead registered her position for the record); Karen Banse, City resident (did not speak, but instead register her position for the record); Richard Hills Adams, City resident; Bill Cvengros, Boys & Girls Clubs of Capistrano Valley; Tom Brabeck, Boys & Girls Clubs of Capistrano Valley; Kathy Hooper, City resident; Marissa Arreola, Boys & Girls Clubs of Capistrano Valley; David Robinson, City resident; Sarah Arce, Boys & Girls Clubs of Capistrano Valley; John Brynjolfsson, City resident; Janice Frechette-Artingu; Boys & Girls Clubs of Capistrano Valley; Monique Rea, City resident; Rick Friess, Boys & Girls Clubs of Capistrano Valley; and Ken Friess, City resident. Council Action: Moved by Council Member Perry, seconded by Mayor pro tem Ferguson, and carried 4-1 with Council Member Allevato opposed to delay the item until the City Council conducts its May 23, 2016, Budget Workshop. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Perry, Ferguson and Mayor Patterson NOES: COUNCIL MEMBER: Allevato ABSENT: COUNCIL MEMBER: None E1b. FULL FEE WAIVER, IN ACCORDANCE WITH ADMINISTRATIVE POLICY 606, IN THE AMOUNT OF $2,185.04 FOR AN ELEVEN (11) DAY FIELD OF HONOR DISPLAY IN SUPPORT OF MEMORIAL DAY, AT LOS RIOS PARK FROM MAY 20-31, 2016, APPROVED (390.30) Dori Budde, Community Services Director, provided an agenda report and responded to questions. • Commission Representation: Commissioner McCarthy responded to questions from the City Council. Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem Ferguson, and carried unanimously to approve a full fee waiver, in accordance with Administrative Policy 606, in the amount of $2,185.04 for an eleven (11) day Field of Honor Display in support of Memorial Day, at Los Rios Park from May 20-31, 2016. 5 5/17/2016 E2 DEVELOPMENT SERVICES a. CAMINO REAL PLAYHOUSE'S REQUEST TO INSTALL BUILDING MOUNTED THEATER ATTRACTION SIGNS AT CITY OWNED PROPERTY, 31776 EL CAMINO REAL FORWARDED TO THE PLANNING COMMISSION, AND WAIVING OF THE DEVELOPER DEPOSIT ASSOCIATED WITH PROCESSING ENTITLEMENTS FOR A SIGN PROGRAM, DENIED (410.40) Laura Stokes, Housing Coordinator/ Assistant Planner, provided a PowerPoint presentation and responded to questions. • Public Comments: Tom Scott, Camino Real Play House (provided handout). Council Member Reeve made a motion, seconded by Council Member Allevato, but motion failed 3-2 with Council Member Perry, Mayor pro tem Ferguson and Mayor Patterson opposed to forward to the Planning Commission the sign program application for the installation of theater attraction signage at the City owned property located at 31776 EI Camino Real; and approve the $2,000 developer deposit fee waiver request from the Camino Real Playhouse for the required processing of the sign program application. ROLL CALL: AYES: COUNCIL MEMBER: Reeve and Allevato NOES: COUNCIL MEMBER: Perry, Ferguson and Mayor Patterson ABSENT: COUNCIL MEMBER: None Council Action: Moved by Council Member Reeve, seconded by Council Member Perry, and carried 4-1 with Mayor pro tem Ferguson opposed to forward to the Planning Commission the sign program application for the installation of theater attraction signage at the City owned property located at 31776 EI Camino Real; and deny the $2,000 developer deposit fee waiver request from the Camino Real Playhouse for the required processing of the sign program application. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Perry, Allevato and Mayor Patterson NOES: COUNCIL MEMBER: Mayor pro tem Ferguson ABSENT: COUNCIL MEMBER: None E3 PUBLIC WORKS a. CONSIDERATION OF A PROJECT UPDATE FOR THE DEL OBISPO STREET WIDENING PROJECT (CIP 16102) — ITEM REMOVED FROM THE AGENDA BY STAFF, AND TO BE DISCUSSED AS PART OF THE CITY COUNCIL'S MAY 23, 2016, BUDGET WORKSHOP 6 5/17/2016 E4 CITY MANAGER a. PREVIOUS ACTION TAKEN BY THE CITY COUNCIL RESCINDED AND AUTHORIZATION FOR REIMBURSEMENT OF LEGAL COSTS INCURRED BY COUNCIL MEMBER PERRY INCURRED IN THE CURRENT FPPC ADMINISTRATIVE INVESTIGATION, IN AN AMOUNT NOT TO EXCEED $5,000, RE-AFFIRMED (610.85) Council Member Perry recused himself and stepped out of the City Council Chamber. Jeff Ballinger, City Attorney, provided an agenda report and responded to questions. • Public Comments: Larry Kramer, City resident; Steve Behmerwohld, City resident; and Monique Rea, City resident. Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem Ferguson, and carried 4-0 with Council Member Perry recused to waive confidentiality from Closed Session discussion regarding the Capistrano Taxpayers Association (CTA) lawsuit, and disclose the initial request amount for settlement. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Allevato, Ferguson and Mayor Patterson NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER: Perry Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem Ferguson, and carried 3-1-0 with Council Member Allevato opposed and Council Member Perry recused to rescind previous action taken and re-affirm the authorization for reimbursement of legal costs incurred by Council Member Perry in the current FPPC administrative investigation, in an amount not to exceed $5,000. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Ferguson and Mayor Patterson NOES: COUNCIL MEMBER: Allevato ABSENT: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER: Perry 7 5/17/2016 CONSENT CALENDAR.- Council ALENDAR:Council Action: Moved by Council Member Reeve, seconded by Council Member Allevato, and carried unanimously to approve consent calendar items 1 through 19, as recommended by staff, with Mayor pro tem Ferguson abstaining from consent calendar item 4. F1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. F2. CITY COUNCIL MINUTES — SPECIAL MEETING OF MAY 3, 2016, (CLOSED SESSION), APPROVED F3. CITY COUNCIL MINUTES — REGULAR MEETING OF MAY 3, 2016, APPROVED F4. REVIEW OF THE CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED APRIL 15, 2016, TO APRIL 28, 2016; PAYROLL (CHECK) DATED APRIL 15, 2016; PAYROLL (CHECK) DATED APRIL 22, 2016; AND PAYROLL (DIRECT DEPOSITS) DATED APRIL 22, 2016, RECEIVED AND FILED (300.30) Mayor pro tem Ferguson abstained to any checks paid to Excel Electric, due to proximity to her residence. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Perry, Allevato and Mayor Patterson NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Mayor pro tem Ferguson F5. PROFESSIONAL SERVICES AGREEMENT FOR INDEPENDENT AUDIT SERVICES WITH WHITE NELSON DIEHL EVANS LLP IN AN AMOUNT NOT TO EXCEED $234,725, APPROVED (600.30) F6. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.10) F7. CITY MANAGER AUTHORIZED TO EXECUTE THE ASSISTANT CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND JACOB GREEN (600.30) F8. ORDINANCE 1032 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION ADOPTED FOR THE 2014-2021 GENERAL PLAN HOUSING ELEMENT (GPA 13-001) AND APPROVING AN AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE THE 2.5 ACRE NORTHERNMOST PORTION OF 32400 PASEO ADELANTO, ASSESSORS PARCEL NUMBER 668-101-23 FROM COMMERCIAL MANUFACTURING TO VERY HIGH DENSITY RESIDENTIAL (PROJECT NAME: CITY HALL REZONE)(PROJECT NUMBER: RZ 15-001)." 8 5/17/2016 F9. HANNAH KREDEL-SPEER, CAPISTRANO VALLEY HIGH SCHOOL; LUCIANA TAVIRA, CAPISTRANO VALLEY HIGH SCHOOL; NATALIA GARCIA, CAPISTRANO VALLEY HIGH SCHOOL; HAILEY ZEHREN, JSERRA CATHOLIC HIGH SCHOOL; DAVID LEE, MARCO FORSTER MIDDLE SCHOOL, ELLA FRIESS, SAN JUAN HILLS HIGH SCHOOL, EMILY FRIESS, SAN JUAN HILLS HIGH SCHOOL; ALEX GONZALEZ, SAN JUAN HILLS HIGH SCHOOL; ANGELICA GONZALEZ, SAN JUAN HILLS HIGH SCHOOL; CATE PETERSEN, SAN JUAN HILLS HIGH SCHOOL; BRIANNA JAHANGIRI, SANTA MARGARITA CATHOLIC HIGH SCHOOL; AZZURRA-SKY RILEY, ST. MARGARET'S EPISCOPAL HIGH SCHOOL; REBEKAH OLSEN, ST. MARGARET'S EPISCOPAL HIGH SCHOOL; GRANT KINSEY, ST. MARGARET'S EPISCOPAL HIGH SCHOOL, APPOINTED TO SERVE ON THE YOUTH ADVISORY BOARD (YOUTH MEMBERS), WITH TERMS ENDING AUGUST 31, 2017; AND GERALD MUIR AND JOSE SALVIATI (ADULT ADVISORS), APPOINTED TO SERVE WITH TERMS ENDING AUGUST 31, 2018 (110.20) F10. VACANCY DECLARED ON THE UTILITIES COMMISSION, AND CITY CLERK DIRECTED TO PREPARE AND POST APPROPRIATE NOTICES TO SOLICIT APPLICATIONS (110.20) F11 . RESOLUTION NO. 16-05-17-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING ADDITIONAL "NO PARKING ANYTIME-RED CURB" ZONE AT 27221 PASEO ESPADA, VILLA PALOMA SENIOR RESIDENCE AND 27271 PASEO ESPADA, THE SEASONS SENIOR RESIDENCE" (570.30) F12. MAINTENANCE SERVICES AGREEMENT WITH PROFESSIONAL SPORTS FIELD MAINTENANCE, INC. (PSFM) FOR PERFORMANCE OF INFIELD MAINTENANCE SERVICES FOR A TWO-YEAR PERIOD COMMENCING JULY 1, 2016, AND ENDING JUNE 30, 2018, IN A NOT TO EXCEED AMOUNT OF $75,000 PER FISCAL YEAR, APPROVED; AND, CITY MANAGER AUTHORIZED TO EXECUTE THE AGREEMENT (600.30) F13. TEMPORARY RIGHT OF ENTRY PERMIT FROM THE CITY OF SAN JUAN CAPISTRANO TO THE COUNTY OF ORANGE WITHIN ASSESSOR PARCEL NOS. 125-172-17, 125-172-24 AND 125-172-25 AND ADJACENT TO THE PREVIOUSLY APPROVED TEMPORARY CONSTRUCTION EASEMENT DESCRIBED AS PARCEL NO. 111.5, APPROVED (670.50) F14. AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH AEGIS ITS ("AGREEMENT") TO PROVIDE MAINTENANCE OF CITY-OWNED TRAFFIC SIGNALS, SAFETY LIGHTS AND LIGHTED CROSSWALK BY: 1). MODIFYING SECTION 2 "TERM OF THE AGREEMENT" TO EXPIRE JUNE 30, 2018; AND 2). MAINTAINING THE COMPENSATION AT THE SAME LEVEL AS THE EXISTING AGREEMENT; AND, 3). MODIFYING SECTION 13 "INDEMNITY" AND SECTION 14 "INSURANCE" TO BRING BOTH UP TO CURRENT CITY STANDARDS, APPROVED; AND, CITY MANAGER AUTHORIZED TO EXECUTE THE AMENDMENT (600.30) 9 5/17/2016 F15. RESOLUTION NO. 16-05-17-03 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING SUBMITTAL OF APPLICATIONS FOR CALRECYCLE'S PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS;" AND CITY MANAGER, OR HIS DESIGNEE AUTHORIZED TO EXECUTE ALL NECESSARY DOCUMENTS TO IMPLEMENT AND SECURE PAYMENT" (810.60) F16. CHANGE ORDER NO. 2 AND FIRST AMENDMENT TO THE CONSTRUCTION AGREEMENT FOR THE ANNUAL SEWER REHABILITATION PROGRAM WITH NU-LINE TECHNOLOGIES, LLC, TO ADD $210,262.40, APPROVED; ADJUSTMENT TO REDUCE FUNDING FOR THE ANNUAL SEWER REHABILITATION PROGRAM (CIP 16701) FOR 2015-2016 BY $150,000 FROM $450,000 TO $300,000, APPROVED; AND APPROPRIATION TO INCREASE FUNDING FOR THE ANNUAL SEWER REHABILITATION PROGRAM (CIP 15701) FOR 2014-2015 BY $150,000 FROM $1,555,525 (INCLUDING CARRYOVERS) TO $1,705,525, APPROVED (600.30) F17. FINAL TRACT MAP FOR TRACT NO.17842 AS IT CONFORMS TO THE REQUIREMENTS SET FORTH IN THE SUBDIVISION MAP ACT AND THE APPROVED TENTATIVE TRACT MAP 17842 CONDITIONS, APPROVED; CITY ENGINEER AND THE CITY CLERK AUTHORIZED TO EXECUTE THE FINAL TRACT MAP FOR TRACT NO, 17842; CITY MANAGER AUTHORIZED TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL TRACT MAP FOR TRACT NO. 17842 AND TO ACCEPT THE CORRESPONDING SECURITIES; AND, CITY CLERK DIRECTED TO FORWARD THE SUBDIVISION IMPROVEMENT AGREEMENT, AND THE CITY ENGINEER DIRECTED TO FORWARD THE FINAL TRACT MAP FOR TRACT NO. 17842 AND UTILITY EASEMENT DEED, TO THE COUNTY OF ORANGE FOR RECORDATION (600.30/420.40) F18. PROFESSIONAL SERVICES AGREEMENT WITH GARDEN STATE FIREWORKS, INC. IN THE AMOUNT OF $30,000 ANNUALLY FOR THE FIREWORKS DISPLAYS OF THE 2016, 2017 AND 2018 FOURTH OF JULY CELEBRATIONS, APPROVED; PROFESSIONAL SERVICES AGREEMENT WITH GUADAGNO & SONS AMUSEMENTS TO PROVIDE A THREE (3) DAY CARNIVAL, JULY 2, 3 & 4, 2016, AT THE SAN JUAN CAPISTRANO SPORTS PARK, APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE THE AGREEMENTS (600.30) F19. EXPANDED SERVICE PLAN (SCOPE OF WORK) WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) SENIOR MOBILITY PROGRAM TO CONTINUE PROVIDING TRANSPORTATION SERVICES FOR THE SENIOR NUTRITION PROGRAM, SOCIAL SERVICE APPOINTMENTS, LEISURE CLASSES, PRESENTATIONS AND SPECIAL EVENTS AT THE COMMUNITY CENTER AND FURTHER EXPAND THE SERVICE TO INCLUDE GROCERY SHOPPING AND NON-EMERGENCY MEDICAL APPOINTMENTS WITHIN THE BOUNDARIES OF SAN JUAN CAPISTRANO, APPROVED (940.90) 10 5/17/2016 SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY: (Refer to Successor Agency Minutes) COUNCIL ACTION ITEMS: H1. CHANGING THE STREET NAME OF VISTA MONTANA STREET TO STALLION RIDGE, APPROVED; AND STAFF DIRECTED TO INITIATE THE PROCESS FOR THE STREET NAME CHANGE (SAN JUAN HILLS HIGH SCHOOL) (820.10) Council Member Reeve provided an agenda report. • Public Comments: Vanessa Rodriguez, San Juan Hills High School; David White, San Juan Hills High School; Keten Singh, San Juan Hills High School; Mia Metzer, San Juan Hilss High School (did not speak, but instead registered her position for the record); Olivia Hull, San Juan Hills High School (did not speak, but instead registered her position for the record); and Adelaide Hunter, San Juan Hills High School (did not speak, but instead registered her position for the record). Council Action: Moved by Council Member Allevato, seconded by Council Member Perry, and carried unanimously to approve changing the street name of Vista Montana to Stallion Ridge; and to direct staff to initiate the process for the street name change. H2. STAFF DIRECTED TO PREPARE LETTER OF SUPPORT FOR SENATE BILL (SB 1323) — CONTROL SUBSTANCES; FENTANYL BY SENATOR PATRICIA BATES AND SENATOR BOB HUFF; AND MAYOR AUTHORIZED TO EXECUTE AND STAFF TO SEND THE LETTER OF SUPPORT WHEN DETERMINED TO BE APPROPRIATE BY THE CITY MANAGER PENDING ADVANCEMENT OF THE BILL THROUGH THE LEGISLATIVE PROCESS (660.40) Mayor pro tem Ferguson provided an agenda report. Council Action: Moved by Council Member Ferguson, seconded by Council Member Allevato, and carried 4-1 with Council Member Reeve abstained to direct staff to prepare a letter of support for Senate Bill (SB 1323) — Control Substances; Fentanyl by Senator Patricia Bates and Senator Bob Huff; and authorize the Mayor to execute and staff to send the letter of support when determined to be appropriate by the City Manager pending advancement of the Bill through the legislative process. ROLL CALL: AYES: COUNCIL MEMBER: Perry, Allevato, Ferguson and Mayor Patterson NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Reeve 11 5/17/2016 H3. STAFF DIRECTED TO SUPPORT EFFORTS BY FEDERAL AND STATE LEGISLATORS TO EXPAND LOCAL CONTROL AS IT RELATES TO REGULATING CONGREGATE LIVING FACILITIES; AND CITY MANAGER AUTHORIZED TO SEND A LETTER OF SUPPORT TO U.S. REPRESENTATIVE LOIS FRANKEL IN HER EFFORTS TO ADDRESS THE UNREGULATED PROLIFERATION OF SOBER LIVING FACILITIES IN RESIDENTIAL NEIGHBORHOODS (660.40) • Public Correspondence: Resident, name not provided (provided Sun Sentinel article and letter addressed to Secretary of Housing and Urban Development Julian Castro and Attorney General Lynch.) Mayor pro tem Ferguson provided an agenda report. • Public Correspondence: Warren Hanselman, City resident (provided handout) Council Action: Moved by Mayor pro Ferguson, seconded by Council Member Reeve, and carried unanimously to direct staff to support efforts by federal and state legislators to expand local control as it relates to regulating congregate living facilities; and City Manager authorized to send a letter of support to U.S. Representative Lois Frankel in her efforts to address the unregulated proliferation of sober living facilities in residential neighborhoods. H4. CONSIDERATION OF REVISING CITY COUNCIL POLICY 128 REGARDING "NO NEW BUSINESS" AFTER 10:00 P.M. INSTEAD OF 9:00 P.M. (610.60) Mayor pro tem Ferguson provided an agenda report. • Public Comments: Richard Gardner, Capistrano Beach resident. Mayor pro tem Ferguson made a motion, seconded by Council Member Allevato, but motion failed 3-2 with Council Member Reeve, Council Member Perry and Mayor Patterson opposed to revise City Council Policy 128, requiring a 4/5 vote to conduct new business after 10:00 P.M., instead of 9:00 P.M.; and adding the hour of 9:00 P.M. as the time to review the remaining Agenda Items to determine which items will be considered before the 10:00 P.M. curfew and which items will be continued to the next meeting. ROLL CALL. AYES: COUNCIL MEMBER: Allevato and Mayor pro tem Ferguson NOES: COUNCIL MEMBER: Reeve, Perry and Mayor Patterson ABSENT: COUNCIL MEMBER: None 12 5/17/2016 ADJOURNMENT: There being no further business Mayor Patterson adjourned the meeting at 8:30 p.m. to Wednesday, May 18, 2016, at 5:00 p.m. for an Adjourned Regular Meeting; then to Monday, May 23, 2016, at 3:00 p.m. for a Budget Workshop; and then to Monday, June 6, 2016, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public Business Session,, in the City Council Chamber. Respec u ubmitted, MA JVIPFIWS, CITY ER Approved: June 6, 2016 ATT T; PAM PATTERSON, ESQ., MAYOR 13 5/17/2016