Loading...
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 - ' 10 4/7/2015