15-0407_CC_Minutes_Regular MeetingMINUTES
April 7, 2015
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: Please refer to separate Special Meeting minutes.
BUSINESS SESSION:
Mayor Reeve called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 5:17 p.m. in the City Council Chamber.
Council Member Ferguson led the Pledge of Allegiance and Council Member Perry
gave the invocation.
COUNCIL MEMBERS PRESENT: Sam Allevato, Kerry K. Ferguson, John M. Perry,
Mayor pro tem Pam Patterson, Esq. and Mayor Derek Reeve.
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 ON OUTSIDE AGENCIES:
• South County Water Agencies Meeting.
• League of California Cities — Orange County Division Meeting.
• Orange County Council of Governments Meeting.
• Southern California Association of Governments Meeting.
• Orange County Vector Control Meeting.
• San Juan Capistrano Fiesta Association Swallow's Day Parade.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM PATTERSON INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: William Bonney, Cultural Heritage
Commission; Gerald Muir, Design Review Committee, Parks, Recreation and
Senior Services Commission and Youth Advisory Board; Ron Denman, Kathy
Hooper and Steve Behmerwohld, Parks, Recreation and Senior Services
Commission; and, Avrial Barreto, Youth Advisory Board.
2. MAYOR PRESENTED WITH THE "2015 SWALLOW'S DAY BUCKEL," BY THE
FIESTA ASSOCIATION (610.40)
3. APRIL 12 — APRIL 18, 2015, PROCLAIMED AS NATIONAL LIBRARY WEEK
(610.40)
1
®RAL COMMUNICATIONS:
Dawn Fusco, City resident; Kathleen Peterson, City resident; Avrial Barreto,
Youth Advisory Board; Steve Behmerwohld, City resident; Rhen Kohan,
City resident; Kathy Hooper, City resident; Christie Smead, City resident;
Zoe Smead, City resident; Laura Freese, City resident; Anna Dickinson,
City resident; and Mark Speros, City resident.
C®NSENT CALENDAR:
Council Action: Moved by Council Member onsent calendarPerry,
1 throughl14,b16
er
Ferguson, and carried unanimously to app
and 17, as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2 CITY COUNCIL MINUTES — SPECIAL MEETING (CLOSED SESSION) OF
MARCH 17, 2015, APPROVED.
3. CITY COUNCIL MINUTES — REGULAR MEETING OF MARCH 17, 2015,
APPROVED.
4. CITY COUNCIL MINUTES --- ADJOURNED REGULAR MEETING OF
MARCH 23, 2015, APPROVED.
5. CITY COUNCIL.. MINUTES — SPECIAL MEETINGS NOCLOSEDMARCH
SESSION),
(8.00 A.M. CLOSED SESSION )
APPROVED°
6. CITY COUNCIL MINUTES — SPECIAL MEETING (CLOSED SESSION) OF
MARCH 30, 2015, APPROVED.
7. CHECK REGISTERS FOR CHECKS AND ELECTRONIC TRANSACTIONS
DAT ED MARCH 6, 2015, TO MARCH 19, 2015; PAYROLL (CHECKS) DATED
MARCH 9, 2015; PAYROLL (CHA1D9, 20D15M ANDARCH13, PAYROLLS (CHECKS)
LL
(DIRECT DEPOSITS) DATED MRCH
DATED MARCH 19, 2015, RECEIVED AND FILED (300.30)
8. REVIEW OF CASH AND INVESTMENT REPORT
FOR THE MONTH ENDED
FEBRUARY 28, 2015, RECEIVED AND FILED
9. MAYOR AUTHORIZED TO EXECUTE THE FIRST AMENDMENT TO THE
PERSONAL SERVICES AGREEMENT WITH PFM ASSET MANAGEMENT,
LLC TO PROVIDE INVESTMENT 000 ANNUALNY, APPRNAGEMET ICES TO THE OVED (600. 0) CITY
WITH FEES NOT TO EXCEED $
2 417/2015
10. CONSTRUCTION CONTRACT FOR THE BLAS AGUILAR ADOBE
RESTORATION AND REPAIR PROJECT AWARDED TO THE LOWEST
RESPONSIBLE BIDDER, MARK SAUER CONSTRUCTION, INC., IN THE
AMOUNT OF $166,495, AND ALL OTHER BIDS REJECTED; AND CITY
MANAGER AUTHORIZED TO APPROVE CONTRACT CHANGE ORDERS UP
TO AN AMOUNT NOT TO EXCEED 20% OF THE CONSTRUCTION
CONTRACT OR THE PROJECT BUDGET CONTINGENCY (600.30)
11. RESOLUTION NO. 15-04-07-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, TO EXECUTE THE RIGHT-OF-WAY CERTIFICATION FOR
CAMINO CAPISTRANO REHABILITATION FROM SAN JUAN CREEK ROAD
TO LA ZANJA STREET ESPL 5372 (012) (CIP 07105) (670.50)
12. STAFF AUTHORIZED TO PROCEED WITH AN APPLICATION TO THE
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA FOR A
TURF REMOVAL REBATE FUNDING FOR THE MEDIAN ON MISSION HILLS
DRIVE (1050.10)
13. FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH
NEW TURTLE ISLAND FOR ADMINISTRATION OF THE CITY'S OWNER
OCCUPIED REHABILITATION LOAN PROGRAM FUNDED BY THE STATE OF
CALIFORNIA HOME PROGRAM GRANTS, EXTENDING THE TERM FROM
MARCH 31, 2015, UNTIL THE DATE ALL SERVICES REQUIRED ARE
COMPLETED OR UNTIL JUNE 30, 2016, WHICHEVER IS EARLIER AND
INCREASING THE CONTRACT AMOUNT BY $58,800, NOT TO EXCEED
$139,800 IN TOTAL, APPROVED (600.30)
14. FIVE YEAR LICENSE AGREEMENT BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND RAINER W. METZ, INC. FOR ACCESS TO OPERATE AND
MAINTAIN THE CITY OWNED AVENIDA DE LA VISTA SEWER PUMPING
STATION LOCATED ON PRIVATE PROPERTY OWNED BY RAINER W.
METZ, INC., APPROVED; AND LICENSE FEE PAYMENTS MADE FOR THE
PERIOD OF JANUARY 2013 THROUGH DECEMBER 2013 IN THE AMOUNT
OF $6,000 FOR CONTINUED MONTH TO MONTH ACCESS OF THE CITY'S
SEWER PUMPING STATION, RATIFIED; AND LICENSE FEE PAYMENTS
AUTHORIZED TO BE MADE FOR THE PERIOD OF JANUARY 2014
THROUGH APRIL 2015 IN THE AMOUNT OF $8,000 FOR CONTINUED
MONTH TO MONTH ACCESS OF THE CITY'S SEWER PUMPING STATION
(600.30)
3 407/2015
15. MODIFICATION TO THE RETENTION AGREEMENT WITH THE LAW FIRM OF
GOODIN, MACBRIDE, SQUERI AND DAY TO ASSIST THE CITY WITH
PREPARING COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT
REPORT ADDING TO THE SCOPE OF WORK PREPARING TESTIMONY FOR
THE ADMINISTRATIVE LAW REVIEW PROCEEDINGS FOR THE SAN DIEGO
GAS AND ELECTRIC COMPANY'S SOUTH ORANGE COUNTY RELIABILITY
ENHANCEMENT PROJECT (SOCRE) IN AN AMOUNT NOT TO EXCEED
$300,000, AUTHORIZED; AND APPROPRIATION FOR THESE LEGAL AND
CONSULTING SERVICES, NOT TO EXCEED $270,000 FROM GENERAL
FUND RESERVES, APPROVED (600.30)
Public Correspondence: Rhen Kohan, City resident.
Karen P. Brust, City Manager, and Hans Van Ligten, City Attorney, responded to
questions.
Public Comments: Anna Dickinson, City resident.
Council Action; Moved by Council Member Ferguson, seconded by
Council Member Perry, and carried unanimously to authorize modification to the
Retention Agreement with the Law Firm of Goodin, Macbride, Squeri and Day to
assist the City with preparing comments on the Draft Environmental Impact
Report adding to the Scope of Work preparing testimony for the administrative
law review proceedings for the San Diego Gas and Electric Company's South
Orange County Reliability Enhancement Project (SOCRE) in an amount not to
exceed $300,000; and approve appropriation for these legal and consulting
services, not to exceed $270,000 from the General Fund Reserves.
16. AMENDMENT TO THE JOINT AGREEMENT FOR THE OPERATION,
MAINTENANCE AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY
800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS
SYSTEM, APPROVED (600.50)
17. AMENDMENT NO. 1 TO THE PERSONAL SERVICES AGREEMENT WITH
ENVIRONMENTAL INTELLIGENCE, LLC, FOR $12,675, BRINGING THE
TOTAL NOT TO EXCEED CONTRACT AMOUNT TO $47,761, FOR
PREPARATION OF A PRELIMINARY ENVIRONMENTAL STUDY,
CATEGORIAL EXCLUSION AND REQUIRED CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) AND NATIONAL ENVIRONMENTAL PROTECTION
ACT (NEPA) NOTICING AND FILING FOR THE CITYWIDE BIKEWAY GAP
CLOSURE/EAST OPEN SPACE TRAIL PROJECT (CIP 11203), APPROVED
(600.30)
18. PERSONAL SERVICES AGREEMENT WITH CHRISTIANSEN AMUSEMENTS
TO PROVIDE A TWO DAY CARNIVAL, JULY 3 AND 4, 2015, AT THE
SAN JUAN CAPISTRANO SPORTS PARK, APPROVED (600.30)
® Public Correspondence: Margaret Waite, City resident.
4 4/7/2015
PUBLIC HEARINGS: None.
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)
ADMINISTRATIVE ITEMS:
s I all.......■03V
a. CONSIDERATION OF PROJECT OPTIONS FOR THE NORTHWEST OPEN
SPACE COMMUNITY PARK PROJECT AND A POTENTIAL ROADWAY AT
THE NORTHWEST OPEN SPACE (PHASE 1) (CIP 09209) (920.40)
Steve Kooyman, Assistant Public Works Director, provided a PowerPoint and
responded to questions.
• Public Comments: Patricia Marts, City resident; Joyce Stanfield Perry,
City resident; Tom Hribar, City resident; and Steve Behmerwohld,
City resident.
Council Action: Moved by Council Member Ferguson, seconded by Council
Member Allevato, and carried unanimously to accept Option 2B — Alternate Base
Amenities/Facilities: 1) Extended paved entry driveway and turn -around; 2)
Prefabricated restroom with attached drinking fountain; 3) Expanded group
cultural area; 4) Corporate area; and 5) A pole corral at the existing equestrian
staging area with an equestrian Americans with Disabilities Act (ADA) ramp.
b. CONSIDERATION OF THE INSTALLATION OF A MARKED CROSSWALK AT
THE INTERSECTION OF RANCHO VIEJO ROAD AND PASEO ESPADA; AND
ADOPTION OF A RESOLUTION APPROVING AN AMENDMENT TO THE
CITY'S FISCAL YEAR 2014-2015 CAPITAL IMPROVEMENT PROJECT
BUDGET (590.70/330.40) — CONTINUED TO APRIL 21, 2015
• Public Correspondence: Cameron Grenier, City resident; Omeed Askari,
Farid Askari, and Manijeh Kazemi, OC Pharmacy; Kathie Hoke, Seasons
Senior Apartments; Ray Griffith, City resident (submitted petition); and
Mark Speros, City resident.
George Alvarez, City Engineer/Traffic Engineer, provided an agenda report and
responded to questions.
• Public Comments: Mark Speros, City resident.
Council Action: Moved by Council Member Ferguson, seconded by
Council Member Perry, and carried unanimously to continue to April 21, 2015,
5 4/7/2015
H2 FINANCE SERVICES
a. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING
TITLE 4, CHAPTER 9, PERTAINING TO THE CONDUCT OF COMMERCIAL
FILMING IN SAN JUAN CAPISTRANO TITLED "COMMERCIAL FILMING
ACTIVITIES;" AND RESOLUTION NO. 15-04-07-02SDTOL PHOTOGRAPHY
PTED AMENDING
RESOLUTION 12-05-01-02 AND ADDING AN ANNUAL
PERMIT FEE TO THE SCHEDULE OF FEES AND CHARGES; AND
AUTHORIZE LETTER TO BE SENT TO LOCAL HIGH SCHOOLS REGARDING
PERSONAL, NON-COMMERCIAL FILMING AND PHOTOGRAPHY IN THE
COMMUNITY IN CONJUCTION WITH SCHOOLS EVENTS (585.95)
• Public Correspondence: Tyler Marolf, City resident; Melissa Marolf,
City resident; and Jeff Vasquez, City resident.
Cindy Russell, Chief Financial Officer/City Treasurer, provided an agenda report
and responded to questions.
Public Comments: Stephen Rios, City resident; Jen Vasquez, City resident;
and Eva Crabbs, City resident.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Perry, seconded by Mayor pro tem
Patterson, and carried unanimously to approve the introduction and first reading
of an Ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 4,
CHAPTER 9, PERTAINING TO THE CONDUCT OF COMMERCIAL FILMING IN
THE CITY OF SAN JUAN CAPISTRANO TITLED "COMMERCIAL FILMING
ACTIVITIES;" adopt RESOLUTION NO. 15-04-07-02 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING RESOLUTION 12-05-01-02 AND ADDING AN
ANNUAL STILL PHOTOGRAPHY PERMIT FEE TO THE SCHEDULE OF FEES
AND CHARGES;" letter authorized to be sent to local high schools regarding
personal, non-commercial filming and photography in the community in
conjunction with schools events; and bring back to the City Council for
re-evaluation in six (6) months.
ORDINANCES:
ORDINANCE 1021 ADOPTED CHANGING THE DUTIES AND THE NAME OF
THE OPEN SPACE, TRAILS AND EQUESTRIAN COMMISSION TO TRAILS
AND EQUESTRIAN COMMISSION; AND CHANGING THE DUTIES AND THE
NAME OF THE PARKS, RECREATION, AND SENIOR SERVICES
COMMISSION TO PARKS, RECREATION, SENIOR AND YOUTH SERVICES
COMMISSION (110.20)
Maria Morris, City Clerk provided an agenda report and read the title of the
ordinance. -
6 4/7/2015
Council Action: Moved by Mayor Reeve, seconded by
Mayor pro tem Patterson, and carried 4-1 with Council Member Allevato opposed
to adopt Ordinance 1021 entitled "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
ARTICLE 5 — CHANGING NAME OF COMMISSION FROM OPEN SPACE,
TRAILS AND EQUESTRIAN COMMISSION TO TRAILS AND EQUESTRIAN
COMMISSION, INCLUDING AMENDING ITS DUTIES; AND AMENDING
ARTICLE 6 — CHANGING NAME OF COMMISSION FROM PARKS,
RECREATION AND SENIOR SERVICES COMMISSION TO PARKS,
RECREATION, SENIOR AND YOUTH SERVICES COMMISSION, INCLUDING
AMENDING ITS DUTIES, OF CHAPTER 2, TITLE 2 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE."
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
COUNCILMANIC ITEMS:
CITY COUNCIL ACTION OF MARCH 3, 2015, DIRECTING THE MAYOR TO
APPOINT A MAYORAL AD-HOC COMMITTEE FOR PURPOSES OF
RESEARCHING, DOCUMENTING, AND CREATING A RESIDENTIAL UNIT
INSPECTION AND CRIME -FREE RESIDENTIAL HOUSING PROGRAM,
RESCINDED (430.30)
Mayor Reeve provided a report.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Ferguson, and carried unanimously to rescind the City Council action of
March 3, 2015, directing the Mayor to appoint a Mayoral Ad -Hoc Committee for
purposes of researching, documenting, and creating a Residential Unit
Inspection and Crime -Free Residential Housing Program.
2. DISCUSSION TO CLARIFY THE NUMBER OF PROPOSED LANES ON THE
ORTEGA HIGHWAY WIDENING ENVIRONMENTAL IMPACT REPORT FROM
CALTRANS (800.40)
Council Member Allevato provided a report.
3. APPOINTMENTS TO THE CULTURAL HERITAGE COMMISSION, THE
PARKS, RECREATION, SENIOR AND YOUTH SERVICES COMMISSION, AND
THE TRAILS AND EQUESTRIAN COMMISSION (110.20)
Maria Morris, City Clerk, provided an agenda report.
7 4/7/2015
,ist Council Action: Moved by Council Member Ferguson, seconded by
Mayor Reeve, and carried 4-1 with Council Member Allevato opposed to appoint
with terms ending March 31, 2017, the following individuals to the Cultural
Heritage Commission: Nathan Banda, Rhonda deHaan, Mechelle Lawrence
Adams, Lorie Porter, and Christie Smead.
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
2"d Council Action: Moved by Mayor Reeve, seconded by
Mayor pro tem Patterson, and carried 4-1 with Council Member Allevato opposed
to appoint with terms ending March 31, 2017, the following individuals to the
Parks, Recreation, Senior and Youth Services Commission: Eva Crabbs,
Ronald Denman, Kim McCarthy, Gerald Muir (Advisor — Youth Advisory Board),
Robert Parks, Thomas Perrin, Jr., and Linda Shown.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
P Council Action: Moved by Council Member Allevato, seconded by
Mayor pro tem Patterson, and carried unanimously to appoint with terms ending
March 31, 2017, the following individuals to the Trails and Equestrian
Commission: Ilse Byrnes, Jennifer Friess, Jill Hanna, Renee Ritchie, and
Gail Zukow.
4. MAYOR AUTHORIZED TO EXECUTE A LETTER EXPRESSING SUPPORT
FOR ASSEMBLY BILL 201 — LOCAL ORDINANCES: SEX OFFENDERS; AND
STAFF DIRECTED TO FORWARD THE LETTER TO THE HONORABLE
ASSEMBLYMAN BILL BROUGH (640.$0)
Mayor Reeve provided a report.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Ferguson, and carried unanimously to authorize the Mayor to
execute a letter expressing support for Assembly Bill 201 — Local Ordinances:
Sex Offenders; and direct staff to forward the letter to the Honorable
Assemblyman Bill Brough.
8 4!712015
5. MAYOR AUTHORIZED TO EXECUTE A
FOR ASSEMBLY BILL 838 — RECOVERY
TO FORWARD THE LETTER TO TH
BILL BROUGH (640.80)
Mayor Reeve provided a report.
LETTER EXPRESSING SUPPORT
HOUSES; AND STAFF DIRECTED
E HONORABLE ASSEMBLYMAN
Council Action: Moved by Council Member Allevato, seconded by
Council Member Ferguson, and carried unanimously to authorize the Mayor tc
execute a letter expressing support for Assembly Bill 838 — Recovery Houses;
and direct staff to forward the letter to the Honorable Assemblyman Bill Brough.
6. MAYOR AUTHORIZED TO EXECUTE A LETTER EXPRESSING OPPOSITION
FOR SENATE BILL 355 — SAN GABRIEL AND LOWER LOS ANGELES
RIVERS AND MOUNTAINS CONSERVANCY AND STAFF DIRECTED TO
FORWARD THE LETTER TO THE HONORABLE SENATOR RICARDO LARA
(640.80)
Mayor Reeve provided a report.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Perry, and carried unanimously to authorize the Mayor to
execute a letter expressing opposition for Senate Bill 355 — San Gabriel and
Lower Los Angeles Rivers and Mountains Conservancy; and direct staff to
forward the letter to the Honorable Senator Ricardo Lara.
7. MAYOR AUTHORIZED TO EXECUTE A LETTER EXPRESSING OPPOSITION
FOR SENATE BILL 608 — THE RIGHT TO REST ACT; AND STAFF DIRECTED
TO FORWARD THE LETTER TO THE HONORABLE SENATOR CAROL LIU
(640.80)
Council Member Ferguson provided a report.
e Public Comments: Thomas Whaling, City resident.
Council Action: Moved by Council Member Ferguson, seconded by
Mayor pro tem Patterson, and carried unanimously to authorize the Mayor to
execute a letter expressing opposition for Senate Bill 608 — The Right to Rest
Act; and direct staff to forward the letter to the Honorable Senator Carol Liu.
Mayor pro tem Patterson requested adding a Councilmanic at the next City Council
meeting regarding authoring and forwarding a letter opposing the San Diego Gas and
Electric Company's South Orange County Reliability Enhancement Project (SOCRE) to
Mission Hospital and adjacent cities.
9 4/7/2015
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at 9:30 p.m. to
Friday, April 10, 2015, at 1:00 p.m.; and then to Tuesday, April 21, 2015, at 4:00 p.m.
for Closed Session, and 5:00 p.m, for public Business Session, in the City Council
Chamber.
Respectfully submitted,
M RIA MORRI Cli CL
Approved: April 21, 2015
ATTEST:
DEREKO<i�" Pi-kkt -
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10 4/7/2015