16-0816_CC_Minutes_Regular MeetingMINUTES
August16,2016
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION :
Mayor Patterson called the Regular Meeting of August 16, 2016, of the
City Council of the City of San Juan Capistrano to order at 5:09 p.m . in the
City Council Chamber. Council Member Allevato led the Pledge of Allegiance and
Mayor pro tern Ferguson 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 tem Ferguson reported on the following: Employee's Luau; Chamber
of Commerce Mayoral Sub-Committee Meeting; Skate Park Workshop; Orange
County Transportation Authority Meeting; and attending the Avenida La Pata
Opening Ribbon Cutting Ceremony.
• Council Member Allevato reported attending the Avenida La Pata Opening
Ribbon Cutting Ceremony.
• Council Member Perry reported on the following : representing the City of
San Juan Capistrano at the Orange County Fair; attending the Avenida La Pata
Opening Ribbon Cutting Ceremony; and presenting an Award for 50 Year
Anniversary to the San Juan Hills Golf Course from the County of Orange.
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, Thomas Perrin , and Eva Crabbs ,
Parks, Recreation , Senior and Youth Services Commission; and Mark Speros,
Planning Commissioner.
B2 . RECOGNITION OF USA 80 SENIOR BASKETBALL TEAM FOR WINNING THE
STATE CHAMPIONSHIP -ITEM MOVED TO THE OCTOBER 4, 2016,
MEETING
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ORAL COMMUNICATIONS :
• Public Correspondence: Stephen M. Wontrobski, Mission Viejo resident; and
Kathy Hooper, City resident.
• Public Comments: Kathy Hofstetter, Capistrano Beach resident; David and
Janet Finley, City resident; Bard Gates, City resident (provided petitions);
Steve Behmerwohld, City resident; and Robert Cavanaugh, Rancho Mission
Viejo resident.
CONSENT CALENDAR:
Council Act ion: Moved by Council Member Reeve, seconded by Council Member
Perry, and carried unanimously to approve consent calendar items 1 through 13, as
recommended by staff, with Mayor pro tem Ferguson abstaining from consent calendar
item 4.
D1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
D2 . CITY COUNCIL MINUTES -SPECIAL MEETING OF AUGUST 2, 2016,
(CLOSED SESSION), APPROVED
D3 . CITY COUNCIL MINUTES -REGULAR MEETING OF AUGUST 2, 2016,
APPROVED
D4 . REVIEW OF THE CHECK REGISTER FOR ELECTRONIC TRANSACTIONS
AND CHECKS DATED JULY 8, 2016, TO JULY 21, 2016; PAYROLL (CHECKS)
DATED JULY 19, 2016, TO JULY 29, 2016; AND PAYROLL (DIRECT
DEPOSITS) DATED JULY 29, 2016, RECEIVED AND FILED (330.30)
Mayor pro tem 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
D5 . CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
JUNE 30, 2016, RECEIVED AND FILED (350.30)
D6 . CITY MANAGER AUTHORIZED TO SIGN AND SEND A LETTER THAT
SERVES THE CITY'S OFFICIAL RESPONSE TO AN ORANGE COUNTY
GRAND JURY REPORT REGARDING RECREATIONAL DRONE USE (960.10)
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D7 . RESOLUTION 16-08-16-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION 15-03-17-02, ESTABLISHING MEMBERSHIP
REQUIREMENTS FOR CITY COUNCIL APPOINTED COMMISSIONS" (110 .20)
D8 . ADULT ADVISOR VACANCY ON THE YOUTH ADVISORY BOARD
DECLARED; AND CITY CLERK DIRECTED TO SOLICIT APPLICATIONS TO
FILL THE VACANCY (110.20)
D9 . NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.1 0)
D1 0 . THIRD AMENDMENT TO THE PERSONAL SERVICES AGREEMENT FOR
CONSTRUCTION MANAGEMENT OF THE 1-5 AND ORTEGA HIGHWAY
INTERCHANGE PIPELINE RELOCATION PROJECT WITH MICHAEL BAKER
INTERNATIONAL AND RBF CONSULTING, AUTHORIZED (600 .30)
D11 . LABOR AND MATERIAL WORK APPROVED VIA EMERGENCY PURCHASING
AUTHORIZATION PROCESS (RUPTURE WATER MAIN LINE) FOR GREEK'S
CONCRETE IN THE AMOUNT OF $7,440 .00, AND INSLEY CONSTRUCTION,
INC., IN THE AMOUNT OF $5,178.42, RATIFIED (600.30)
D12. FORMAL REQUEST FOR PROPOSAL (RFP) OR REQUEST FOR
QUALIFICATIONS (RFQ) WAIVED PURSUANT TO THE CITY OF SAN JUAN
CAPISTRANO MUNICIPAL CODE SECTION 3-4 .306 (E)(3) FOR TEMPORARY ,
PROFESSIONAL STAFFING SERVICES RELATED TO THE PERSONALS
SERVICES AGREEMENT WITH KFORCE , INC.; AND SEVENTH AMENDMENT
TO THE PERSONAL SERVICES AGREEMENT WITH KFORCE, INC. TO
PERFORM AS-NEEDED PROFESSIONAL STAFFING SERVICES,
APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE THE
AMENDMENT (600 .30)
D13 . STAFF DIRECTED TO REQUEST PROPOSALS FOR AN AUDIT OF CITY
ELECTRICAL ACCOUNTS, AND RETURN TO THE CITY COUNCIL WITH
RECOMMENDATIONS FOR AWARD OF A CONTRACT (1010.10)
PUBLIC HEARINGS :
E1 . RESOLUTION NO. 16-08-16-02 ADOPTED APPROVING TENTATIVE PARCEL
MAP (TPM) 2003-142 (15-001) TO CREATE 2 LOTS THAT ENCOMPASS 2 .17
ACRES LOCATED AT THE TERMINUS OF VALLE ROAD (FORSTER RANCH
ROAD) (APN 675-331-02) (ANVARI ASSOCIATES CORPORATION AND
CULVER CAPITAL , LLC) (420.70)
Joel Rojas, Development Services Director, provided a PowerPoint presentation
and responded to questions.
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• Chair Mark Speros, Planning Commission, provided the viewpoints of the
Commission .
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 Allevato, seconded by
Council Member Reeve, and carried unanimously to adopt Resolution
No. 16-08-16-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING TENTATIVE
PARCEL MAP (TPM) 2003-142 (15-001) TO CREATE 2 LOTS THAT
ENCOMPASS 2 .17 ACRES LOCATED AT THE TERMINUS OF VALLE ROAD
(FORSTER RANCH ROAD) (APN 675-331-02) (ANVARI ASSOCIATES
CORPORATION AND CULVER CAPITAL, LLC)."
E2 . CONTINUED CONSIDERATION OF APPEAL OF THE DENIAL OF
CONDITIONAL USE PERMIT (CUP) 15-015, FLOODPLAIN LAND USE PERMIT
(FP) 16-001, VERIZON WIRELESS PLAZA DEL RIO; TO ESTABLISH A
WIRELESS TELECOMMUNICATIONS FACILITY INCLUDING A NEW 45 '-0"
TALL FAUX BELL TOWER WITH 12 PANEL ANTENNAS, 12 REMOTE RADIO
UNITS, 2 RAYCAPS, AND 2 EQUIPMENT CABINETS AND STAND-BY
EMERGENCY GENERATOR TO BE ENCLOSED WITHIN A PROPOSED
STRUCTURE, LOCATED IN THE FLOOD ZONE AT 32391 CAMINO
CAPISTRANO, (ASSESSOR PARCEL NUMBER 668-091-09) (APPLICANT:
VERIZON WIRELESS, C/0 CORE DEVELOPMENT SERVICES) (ASSESSOR
PARCEL NUMBERS 668-091-09) (APPLICANT: VERIZON WIRELESS)
(460.70/550.10)-PUBLIC HEARING TO BE CONTINUED TO SEPTEMBER 6,
2016
Joel Rojas, Development Services Director, provided an agenda report.
Mayor Patterson opened the public hearing and invited public testimony . No
public testimony was received.
Council Action : Moved by Mayor pro tem Ferguson, seconded by
Council Member Reeve, and carried unanimously to continue the
public hearing to September 6, 2016.
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ADMINISTRATIVE ITEMS :
F1. COMMUNITY SERVICES
a . INSTALLATION OF THREE (3) LIGHTWEIGHT TABLES UNDER THE PEPPER
TREES AT REATA PARK AND EVENT CENTER, APPROVED (920.40)
• Public Correspondence: Gretchen Verbeerst, President of Las Vaqueras
Riding Club; Sharon Rafferty, City resident; Danielle Paskowitz,
City resident; Betsy Stokke, place of residence not provided; Nancy Stetson,
place of residence not provided; Allison Statz, Las Vaqueras Riding Club;
Linda Kiernan, place of residence not provided; Jim Verbeerst, City resident;
Connie Merritt, place of residence not provided; Linda Stites, City resident;
Gail Fayad, City resident; Erlinda Sullivan, place of residence not provided;
Barbara Mitchel, place of residence not provided, Virginia von Hartmann,
City resident; Shelly Barker, City resident; Renee Ritchie, City resident; and
Barbara Jesse, City resident.
Dori Budde, Community Services Director, provided a PowerPoint Presentation
and responded to questions. Khoon Tan, Senior Civil Engineer, responded to
questions.
• Commissioner Crabbs, Parks, Recreation, Senior and Youth Services
Commission, provided a handout and the viewpoints of the Commission;
and, Mayor Patterson read a letter from Renee Ritchie, Chair of Trails and
Equestrian Commission.
• Public Comments: Alice Whynaught, City resident; and Steve Behmerwohld,
City resident.
Council Action: Moved by Mayor pro tem Ferguson, seconded by
Council Member Perry, and carried 3-2 with Council Member Reeve and
Council Member Allevato opposed to install three (3) lightweight tables under the
Pepper Trees at Reata Park and Event Center.
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Perry, Ferguson and Mayor Patterson
COUNCIL MEMBER: Reeve and Allevato
COUNCIL MEMBER: None
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F2. PUBLIC WORKS
a. CITY STAFF DIRECTED TO COMMUNICATE WITH ORANGE COUNTY
TRANSPORTATION AUTHORITY (OCTA) STAFF TO EXPLAIN THE
CONCERNS REGARDING THE REPAYMENT REQUEST AMOUNT (FUNDING
EXPENDED FOR THE DESIGN OF THE ORTEGA HIGHWAY
(SR-74) "CITY-SEGMENT" WIDENING PROJECT DUE TO PROJECT
CANCELLATION BY THE CITY), INCLUDING THAT IF OCTA CAN WAIT A
SHORT PERIOD OF TIME, THE CITY COUNCIL MAY CONSIDER BEING THE
LEAD AGENCY ON THE ORTEGA HIGHWAY WIDENING PROJECT
(CIP 14107) (800.10)
• Public Correspondence: Lennie DeCaro, City resident ; Ken Roth, place of
residence not provided; and Mark Speros, City resident.
Steve May, Public Works and Utilities Director, provided a PowerPoint
Presentation and responded to questions. George Alvarez , City/Traffic Engineer,
responded to questions.
• Public Comments: Monique Rea, City resident; Mark Speros,
City resident; and Anna Dickinson, City resident.
Moved by Mayor pro tem Ferguson, seconded by Council Member Perry, and
motion failed 2-3 with Council Member Reeve, Council Member Allevato and
Mayor Patterson opposed to direct staff to write a letter to Orange County
Transportation Authority (OCTA) asking for an extension on their demand for the
return of the funds, until such time as the work of the South Orange County
Mobility Working Group is completed, after which time as a Member of the
South Orange County Mobility Working Group, Mayor pro tern Ferguson , will
bring back the findings to the City Council, so that a knowledgeable decision
could be made in regard to the Ortega Highway Widening Project.
ROLL CALL :
AYES:
NOES:
ABSENT :
COUNCIL MEMBER: Perry and Mayor protem Ferguson
COUNCIL MEMBER: Reeve, Allevato and Mayor Patterson
COUNCIL MEMBER: None
Mayor pro tern Patterson offered a substitute motion, seconded by
Council Member Reeve, and motion failed 2-3 with Council Member Reeve,
Council Member Perry and Mayor pro tem Ferguson opposed to appropriate
$231,156.50 from the Capistrano Circulation Fee Program for Fiscal Year
2016/2017, and authorize the City Manager to reimburse the Orange County
Transportation Authority and Rancho Mission Viejo, LLC for funding expended
for the design of the Ortega Highway (SR-74) "City-Segment" Widening Project
due to project cancellation by the City .
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ROLL CALL :
AYES:
NOES :
ABSENT:
COUNCIL MEMBER: Reeve and Mayor Patterson
COUNCIL MEMBER: Perry, Allevato and Mayor protem Ferguson
COUNCIL MEMBER: None
Counci l Action: Moved by Council Member Reeve, seconded by
Mayor pro tem Ferguson, and carried 3-2 with Council Member Allevato
and Mayor Patterson opposed to direct City staff to communicate with Orange
County Transportation Authority (OCTA) staff to explain the concerns regarding
the repayment request amount (funding expended for the design of the Ortega
Highway (SR-74) "City-Segment" Widening Project due to project cancellation by
the City), including that if OCTA can wait a short period of time, the City Council
may consider being the lead agency on the Ortega Highway Widening Project.
ROLL CALL :
AYES:
NOES :
ABSENT:
COUNCIL MEMBER: Reeve, Perry and Mayor protem Ferguson
COUNCIL MEMBER: Allevato and Mayor Patterson
COUNCIL MEMBER: None
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS :
H1 . CONDUCT A FULL ASSESSMENT OF THE VARIOUS TYPES OF
TECHNOLOGY AVAILABLE THAT COULD ACHIEVE THE COST AND
ENERGY SAVINGS, SUCH AS THE GOALS OF AN LED CONVERSION
(ONCE THE NEW PUBLIC WORKS MANAGER IS HIRED), AND PROVIDE AN
ESTIMATED TIMELINE FOR CITY COUNCIL CONSIDERATION, ALONG WITH
OPTIONS AND COST RANGES IN NOVEMBER 2016 (1010.80)
Mayor protem Ferguson provided a report.
• Public Comments: Steve Behmerwohld, City resident.
Moved by Mayor pro tern Ferguson , seconded by Mayor Patterson and motion
failed 2-3 with Council Member Reeve, Council Member Perry, and Council
Member Allevato opposed to direct staff to prepare a Request for Proposals
(RFP) for a city-wide street light conversion project to a Mission Bell LED system,
and bring back to the next City Council meeting on September 6, 2016; and,
direct the Mayor to form a Mayoral Subcommittee to choose preferred distribution
and color lighting options.
ROLL CAL L :
AYES :
NOES:
ABSENT:
COUNCIL MEMBER: Mayor protem Ferguson and Mayor Patterson
COUNCIL MEMBER: Reeve , Perry and Allevato
COUNCIL MEMBER: None
7 8/16/2016
Council Member Perry offered a substitute motion, the motion failed due to a lack
of second to direct staff to conduct a study and compare the cost and the cost
savings for all available types of lighting, and bring back to the City Council with a
timeframe of when the study and the Request for Proposals (RFP) will be
completed, and for the City Council to agendize.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Perry, and carried 4-1 with Mayor Patterson opposed, to
conduct a full assessment of the various types of technology available that could
achieve the cost and energy savings, such as the goals of an LED conversion
(once the new Public Works Manager is hired), and provide an estimated timeline
for City Council consideration, along with options and cost ranges in November
2016.
ROLL CALL:
AYES:
NOES:
ABSENT:
ADJOURNMENT:
COUNCIL MEMBER: Reeve, Perry, Allevato and Mayor protem Ferguson
COUNCIL MEMBER: Mayor Patterson
COUNCIL MEMBER: None
There being no further business Mayor Patterson adjourned the meeting at 7:46 p.m.
to Tuesday, September 6, 2016, at 4:00p.m. for Closed Session, and 5:00p.m. for the
pub l"c Bu s·ness Session, in the City Council Chamber.
Approved: September 6, 2016
R
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