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
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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
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