16-0802_CC_Minutes_Regular MeetingMINUTES
August 2, 2016
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION :
Mayor Patterson called the Regular Meeting of August 2, 2016, of the
City Council of the City of San Juan Capistrano to order at 5:06 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 tern
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 :
• Mayor pro tern Ferguson reported on the following: Announced removing
City Council Action Item 14 (Review and Consider Planning Commission Action
Regarding Hotel Capistrano by Kimpton and/or Inn at the Mission Hotel Projects')
from the agenda; and attending the following: Southern California Association of
Governments Meeting .
• Council Member Allevato reported attending the following: Meeting with County
of Orange Supervisor Lisa Bartlett; County of Orange Representatives, and
City of San Clemente regarding the renaming of La Pata Avenue to Avenida
La Pata; Soccer Tournament at the Rancho Mission Viejo Riding Park at
San Juan Capistrano; Chamber of Commerce Installation Dinner; Two Stepping
Under the Stars Event; and Orange County Transportation Authority Regional
Planning and Highway Committee Meeting.
• Council Member Perry reported on the following: Orange County Fire Authority
Meeting; and San Juan Basin Authority Meeting.
• Mayor Patterson reported attending the following: Chamber of Commerce
Installation Dinner; Golf Tournament Fundraiser for Disabled Veterans at the
San Juan Hills Golf Club; and Meeting with residents of San Juan Capistrano,
San Clemente, Laguna Beach and San Diego County regarding safe storage of
the San Onofre Nuclear Plant's uranium fuel rods.
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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, Robert Parks and Thomas Perrin; and Ray Miller and
Jack Hunt, Utilities Commission.
B2. MAMIE MA YWHORT AND ART HASSELBRINK, HOMEFRONT AMERICA
RECOGNIZED FOR FIELD OF HONOR DISPLAY AT LOS RIOS PARK IN
HONOR OF OUR ACTIVE DUTY MILITARY, VETERANS, AND FIRST
RESPONDERS (610.40)
B3. 2016 MISS ORANGE COUNTY-BERLIN ARMENTA, RECOGNIZED (610.40)
ORAL COMMUNICATIONS :
• Public Correspondence: Art Guevara, City resident.
• Art Guevara, City resident (provide a video); Dan Buckner, City resident;
Anna Dickinson, City resident; Monique Rea, City resident; Kathy Hooper,
City resident; Mark Bodenhamer, Chamber of Commerce; and Ann Ronan,
City resident.
CONSENT CALENDAR:
Council Action : Moved by Council Member Perry, seconded by Council Member
Allevato, and carried unanimously to approve consent calendar items 1 through 6, 9 and
10, as recommended by staff with, Mayor pro tern Ferguson abstaining from consent
calendar item 4.
D1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED .
D2 . CITY COUNCIL MINUTES -SPECIAL MEETING OF JULY 19, 2016,
(CLOSED SESSION), APPROVED
D3 . CITY COUNCIL MINUTES -REGULAR MEETING OF JULY 19, 2016,
APPROVED
D4 . REVIEW OF THE CHECK REGISTER FOR ELECTRONIC TRANSACTIONS
AND CHECKS DATED JUNE 24, 2016, TO JULY 7, 2016; PAYROLL (CHECK)
DATED JULY 15, 2016; PAYROLL (DIRECT DEPOSITS) DATED
JULY 15, 2016, RECEIVED AND FILED (330.30)
Mayor pro tern Ferguson abstained to any checks paid to Excel Electric, due to
proximity to her residence.
ROLL CALL:
AYES:
NOES:
ABSENT:
ABSTAINED :
COUNCIL MEMBER: Reeve, Perry, Allevato and Mayor Patterson
COUNCIL MEMBER: None
COUNCIL MEMBER: None
COUNCIL MEMBER: Mayor protem Ferguson
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D5 . RESOLUTION NO. 16-08-02-01 ADOPTED ACCEPTING THE
RELINQUISHMENT OF A PORTION OF CAMINO CAPISTRANO FROM STATE
OF CALIFORNIA DEPARTMENT OF TRANSPORTATION CONTINGENT
UPON REPLACEMENT OF THE DEAD TREES AND PRODUCING AN
ACCEPTABLE LANDSCAPE BY CAL TRANS (CAMINO CAPISTRANO
SOUTHBOUND RAMP) (670.50)
Steve May, Public Works and Utilities Director provide an agenda report and
responded to questions. George Alvarez, City Engineer/Traffic Engineer,
responded to questions.
• Public Comments: Monique Rea, City resident.
Council Act ion: Moved by Council Member Perry, seconded by Council Member
Allevato, and carried unanimously to adopt RESOLUTION NO. 16-08-02-01
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA , ACCEPTING THE RELINQUISHMENT OF A
PORTION OF CAMINO CAPISTRANO FROM STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION;" contingent upon replacement of
the dead trees and producing an acceptable landscape by Caltrans
(Camino Capistrano Southbound Ramp).
D6 . CITY VACANCY DECLARED ON THE UTILITIES COMMISSION; AND
CITY CLERK DIRECTED TO PREPARE AND POST APPROPRIATE NOTICES
TO SOLICIT APPLICATIONS (110.20)
D7 . CITY COUNCIL POLICY 131 ADOPTED SETTING PROVISIONS FOR THE
DISTRIBUTION OF TICKETS AND/OR PASSES; AND CITY CLERK DIRECTED
TO POST TO THE CITY'S WEBSITE (610.30)
Maria Morris, City Clerk, provided an agenda report and responded to questions.
Ben Siegel, City Manager, and Jeff Ballinger, City Attorney, responded to
questions.
Council Action : Moved by Council Member Allevato, seconded by
Council Member Reeve, and carried unanimously to adopt City Council Policy
131 setting provisions for the distribution of tickets and/or passes; and to direct
the City Clerk to post to the City's website .
D8 . CITY CLERK DIRECTED TO BRING AS A CONSENT CALENDAR ITEM A
RESOLUTION CHANGING THE MEMBERSHIP ON THE PLANNING
COMMISSION FROM 7 MEMBERS TO 5 MEMBERS; AND CITY COUNCIL
DIRECTED TO CANCEL THE PREVIOUSLY DECLARED PLANNING
COMMISSION VACANCY (110.20)
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Council Action: Moved by Council Member Reeve, seconded by
Council Member Allevato, and carried unanimously to direct the City Clerk to
bring as a Consent Calendar item a resolution changing the membership on the
Planning Commission from 7 members to 5 members; and direct the City Council
to cancel the previously declared Planning Commission vacancy.
D9. CITY MANAGER AUTHORIZED TO EXECUTE AND APPROVE AN
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT FOR
BUILDING AND GRADING INSPECTION SERVICES (ANDERSONPENNA
PARTNERS, INC.) (600.30)
D10 . RESOLUTION NO. 16-08-02-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE ANNUAL SEWER REHABILITATION PROGRAM;
CITY CLERK DIRECTED TO PROCESS AND RECORD THE NOTICE OF
COMPLETION WITH THE COUNTY CLERK-RECORDER; AND STAFF
AUTHORIZED TO RELEASE THE PERFORMANCE BONDS AND PAYMENT
BONDS 35 DAYS AFTER FILING THE NOTICE OF COMPLETION AND AFTER
ANY CLAIMS OF LIENS HAVE BEEN SATISFIED (600.30)
PUBLIC HEARINGS:
E1 . RESOLUTION NO. 16-08-02-03 ADOPTED ENTITLED "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING THE COST REPORT FOR THE 2016 WEED
ABATEMENT PROGRAM IN THE CITY OF SAN JUAN CAPISTRANO (540.70)
Steve May, Public Works and Utilities Director, provided a staff report and
responded to questions.
Mayor Patterson opened the public hearing and invited public testimony. No
public testimony was received. 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.
16-08-02-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST
REPORT FOR THE 2016 WEED ABATEMENT PROGRAM IN THE CITY OF
SAN JUAN CAPISTRANO."
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ADMINISTRATIVE ITEMS :
F1. UTILITIES DEPARTMENT
a . "CRITERIA FOR EVALUATING A POTENTIAL CHANGE IN UTILITY
ORGANIZATION" AS RECOMMENDED BY THE UTILITIES COMMISSION
ON JULY 19, 2016, APPROVED; AND STAFF DIRECTED TO FORWARD TO
THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION WITH
AN APPLICATION FOR A FOCUSED MUNICIPAL SERVICE REVIEW OF THE
CITY'S WATER AND WASTEWATER UTILITIES; INCLUDING TO DIRECT
STAFF TO ADD MORE PERMISSIVE LANGUAGE THROUGHOUT THE
DRAFT CRITERIA THAT HAVE BEEN PROVIDED AT THE MEETING (1050.10)
Steve May, Public Works and Utilities Director, provided an agenda report and
responded to questions.
• Chair Miller and Commissioner Hunt, Utilities Commission, provided the
viewpoints of the Commission .
• Public Comments: Larry Kramer, City resident.
Counc il Act ion: Moved by Council Member Reeve, seconded by Council Member
Perry, and carried unanimously to approved the "Criteria for Evaluating a
Potential Change in Utility Organization" as recommended by the Utilities
Commission on July 19, 2016; and direct staff to forward to the
Orange County Local Agency Formation Commission with an application for a
focused Municipal Service Review of the City's water and wastewater utilities;
including to direct staff to add more permissive language throughout the
draft criteria that have been provided at the meeting.
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 :
11. CITY MANAGER DIRECTED TO BRING BACK COST PROPOSALS FOR AN
INDEPENDENT CONSULTANT TO CONDUCT A FEASIBILITY STUDY FOR
THE POSSIBILITY OF RELOCATING THE TRAIN STATION, IN ORDER TO
ELIMINATE THE 'GHOST TRAIN" (940.80)
Council Member Reeve provided a report.
• Public Comments: Dan Buckner, City resident.
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Council Action: Moved by Council Member Reeve, seconded by
Mayor protem Ferguson, and carried 4-1 with Council Member Allevato opposed
to direct the City Manager to bring back cost proposals for an independent
consultant to conduct a Feasibility Study for the possibility of relocating the train
station, in order to eliminate the 'Ghost Train."
ROLL CALL:
AYES:
NOES:
COUNCIL MEMBER: Reeve, Perry, Ferguson and Mayor Patterson
COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
12 . STAFF DIRECTED TO INVESTIGATE PACE FUNDING PROGRAMS, SUCH
AS THE HERO PROGRAM, THE YGRENE PROGRAM AND/OR OTHER
SIMILAR PROGRAMS THAT MIGHT BE AVAILABLE IN OUR AREA, AND
RETURN TO THE CITY COUNCIL IN NOVEMBER 15, 2016, WITH A
RECOMMENDATION INCLUDING PROS AND CONS OF SUCH PROGRAMS
(430.25)
• Public Correspondence: Mayor Pro tem Ferguson; and, Wayne
Woodyard, President of Orange County Association of Realtors.
Mayor pro tem Ferguson provided a report. Ben Siegel, City Manager,
responded to questions.
• Public Comments : Brent Neben, Ygrene; and Dustin Reilich, HERO
Program.
Council Action : Moved by Council Member Allevato, seconded by
Mayor pro tem Ferguson, and carried unanimously to direct staff to investigate
PACE Funding Programs, such as the HERO Program, the Ygrene Program
and/or other similar programs that might be available in our area, and return to
the City Council in November 15, 2016, with a recommendation including pros
and cons of such programs.
13 . LETTER OPPOSING THE POTENTIAL CAPISTRANO UNIFIED SCHOOL
DISTRICT (CUSD) NOVEMBER 8, 2016, BOND INITIATIVE, APPROVED
(515.20)
• Public Correspondence: Gila Jones, City resident.
Mayor Patterson provided a report.
• Public Comments: Jennifer Beall, District Director, Office of Assemblyman
Bill Brough.
Council Action: Moved by Council Member Reeve, seconded by
Mayor pro tem Ferguson, and carried unanimously to approve a letter opposing
the potential Capistrano Unified School District (CUSD) November 8, 2016,
Bond Initiative.
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14 . REVIEW AND CONSIDER PLANNING COMMISSION ACTION REGARDING
HOTEL CAPISTRANO BY KIMPTON AND/OR INN AT THE MISSION HOTEL
PROJECTS (440.10) -ITEM REMOVED FROM THE AGENDA BY
MAYOR PRO TEM FERGUSON
Public Correspondence: Larry Kramer, City resident; Dave Solt, City resident;
Ann Ronan, City resident; Mary Harris, City resident; Steve Nordeck,
City resident; Ted Roberts, City resident; Laura Freese, City resident; Frances
Solt, City resident; Stephanie Frisch, City resident; Mary Crawford, City resident;
Tom Ostensen, City resident; Donna Simard, City resident; and Mary Demers ,
City resident.
ADJOURNMENT:
There being no further business Mayor Patterson adjourned the meeting at 7:25 p.m .
to Tuesday, August 16, 2016, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the
public Busil~ ss Session, in the City Council Chamber.
Respectlul1 < (I ,
ATTBsT :
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