MINUTES December 15, 2015 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Please refer to separate Special Meeting minutes. 1/5/2016 F5 BUSINESS SESSION: Mayor Patterson called the Regular Meeting of December 15, 2015, of the City Council of the City of San Juan Capistrano to order at 5:29 p.m. in the City Council Chamber. Council Member Perry led the Pledge of Allegiance and Council Member Allevato gave the invocation. COUNCIL MEMBERS PRESENT: Sam Allevato, Kerry K. Ferguson, John M. Perry, Mayor protem Pam Patterson, Esq. and Mayor Derek Reeve. COUNCIL MEMBERS 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. MEETING DEDICATION: Mayor Patterson dedicated the meeting in memory of longtime resident and Planning Commissioner Sheldon Cohen. CITY CLERK ANNOUNCEMENT: Per Assembly Bill 23, Maria Morris, City Clerk, announced that each Housing Authority Board Member are receiving a $50.00 stipend for conducting the Housing Authority meeting. Mayor Patterson announced the unanimous selection of Ben Siegel as the City's new City Manager. CITY COUNCIL REPORTS: Council Member Perry reported attending a San Juan Basin Authority Meeting. Mayor pro tern Ferguson reported attending the following: Orange County League of California Cities Meeting, and meeting with Assemblyman Bill Brough, regarding working together on his 2016 Bill regarding sober living and congregate living facilities, and announced her appointment by the League of California Cities to the Housing, Community and Economic Development Committee; Transportation Corridor Agencies Meeting; and Orange County Transportation Authority Meeting; and reported on a meeting regarding possibilities/idea to expand public use/access at the Rancho Mission Viejo Riding Park at San Juan Capistrano. Mayor Patterson reported a Flood Management Meeting to prepare for El Nino. 1
INTRODUCTIONS AND PRESENTATIONS: 1. 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; Thomas Perrin, Jr., and Ron Denman, Parks, Parks, Recreation, Senior and Youth Services Commission; Robert Cardoza, Design Review Committee; and Jack Hunt and Ray Miller, Utilities Commission. 2. ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCO) PROVIDED A PRESENTATION ON THE SOUTH ORANGE COUNTY GOVERNANCE VISIONING PROCESS: RANCHO MISSION VIEJO STUDY AREA (61 0.40) Ben Legbandt, Project Manager, Local Agency Formation Commission (LAFCO), provided a PowerPoint presentation and responded to questions. 3. ST. MARGARET'S EPISCOPAL SCHOOL PROVIDED A PRESENTATION REGARDING ITS BREAKTHROUGH PROGRAM (610.40) Victor Cota, Breakthrough Director, provided a PowerPoint presentation and responded to questions. ORAL COMMUNICATIONS: Council Action: Moved by Council Member Perry, seconded by Mayor pro tern Ferguson, and carried unanimously to allow Bill Griffith with six (6) minutes to speak under Oral Communications. Jeff Dickman, County of Orange; and Bill Griffith, City resident. PUBLIC HEARINGS: None. ADMINISTRATIVE ITEMS: E1 PUBLIC WORKS a. PROPOSED PROJECT TIMELINES, APPROVED; AND PROGRESS REPORTS AND ANY REQUESTED MODIFICATIONS TO BE PRESENTED TO CITY COUNCIL ON A QUARTERLY BASIS, APPROVED; WITH THE PROVISO THAT THE PROJECT TIMELINES BE DISCUSSED AT THE CITY COUNCIL'S NEXT RETREAT (100.80) Keith Till, Interim City Manager, provided an agenda report and responded to questions. 2 12/15/2015
Council Action: Moved by Mayor pro tem Ferguson, seconded by Council Member Allevato, and carried 4-1 with Council Member Reeve opposed to approve the proposed Project Timelines; and direct that progress reports and any requested modifications be presented to City Council on a quarterly basis, with the proviso that the Project Timelines will be discussed at the City Council's next retreat. COUNCIL MEMBER: Perry, Allevato, Ferguson and Mayor Patterson COUNCIL MEMBER: Reeve E2 PUBLIC WORKS a. PROJECT UPDATE PRESENTATION, RECEIVED AND FILED; PERSONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN SERVICES, WITH ANDERSON-PENNA PARTNERS, INC. IN THE AMOUNT OF $1,545,646 TO PREPARE PLANS, SPECIFICATIONS AND COST ESTIMATES FOR THE ORTEGA HIGHWAY (SR-74) "CITY SEGMENT" WIDENING PROJECT (CIP 14107), APPROVED; AND 1 8 T AMENDMENT TO THE FUNDING ASSISTANT AGREEMENT WITH RANCHO MISSION VIEJO, LLC, APPROVED; SUBJECT TO STAFF PROVIDING BRIEFING OF THE PROJECT TO MAYOR PRO TEM FERGUSON AND COUNCIL MEMBER PERRY (600.30/820.20) Public Correspondence: Lennie DeCaro, City resident George Alvarez, City Engineer, and Khoon Tan, Senior Civil Engineer, provided a PowerPoint presentation and responded to questions. Public Comments: City resident. Larry Kramer, City resident; and Anna Dickinson, Council Action: Moved by Mayor pro tem Ferguson, seconded by Council Member Allevato, and carried 3-2 with Council Member Perry and Mayor Patterson opposed to receive and file the project update presentation; approve a Personal Services Agreement with Anderson-Penna Partners, Inc. for Engineering Design Services in the amount of $1,545,646 to prepare Plans, Specifications, and Cost Estimates for the Ortega Highway (SR-74) "City-Segment" Widening Project (CIP 14107); and approve the 1st Amendment to the Funding Assistant Agreement with Rancho Mission Viejo, LLC; subject to staff providing briefing of the project to Mayor pro tern Ferguson and Council Member Perry. 3 12/15/2015
COUNCIL MEMBER: Reeve, Allevato and Mayor protem Ferguson COUNCIL MEMBER: Perry and Mayor Patterson a. RESOLUTION NO. 15-12-15-01 ADOPTED APPROVING AN APPLICATION FOR FEDERAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF INTERIOR, BUREAU OF RECLAMATION, WATERSMART: WATER AND ENERGY EFFICIENCY GRANT PROGRAM; AND CITY MANAGER AUTHORIZED TO WORK WITH THE BUREAU OF RECLAMATION TO MEET ESTABLISHED DEADLINES AND ENTER INTO A COOPERATIVE AGREEMENT (1 050.1 0/600.50) Noreen Swiontek, Senior Management Analyst, provided a PowerPoint presentation and responded to questions. Thom Coughran, Public Works and Utilities Director, and Cindy Russell, Chief Financial Officer/City Treasurer, responded to questions. Public Comments: Ray Miller and Thomas Nelson, Utilities Commission. Council Action: Moved by Council Member Perry, seconded by Mayor pro tem Patterson, and carried 4-1 with Mayor Patterson opposed to adopt RESOLUTION NO. 15-12-15-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN APPLICATION FOR FEDERAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF INTERIOR, BUREAU OF RECLAMATION, WATERSMART: WATER AND ENERGY EFFICIENCY GRANT PROGRAM;" and authorized the City Manager to work with the Bureau of Reclamation to meet established deadlines and enter into a Cooperative Agreement. COUNCIL MEMBER: Reeve, Perry, Allevato and Mayor protem Ferguson COUNCIL MEMBER: Mayor Patterson CONSENT CALENDAR: Council Action: Moved by Council Member Perry, seconded by Council Member Allevato, and carried unanimously to approve consent calendar items 1, through 10, as recommended by staff, with Mayor pro tem Ferguson and Council Member Perry abstaining from consent calendar item 5. 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2. CITY COUNCIL MINUTES - SPECIAL MEETING OF DECEMBER 1, 2015, (CLOSED SESSION) APPROVED. 4 12/15/2015
3. CITY COUNCIL MINUTES - REGULAR MEETING OF DECEMBER 1, 2015, APPROVED. 4. CITY COUNCIL MINUTES - SPECIAL MEETING OF DECEMBER 4, 2015, (CLOSED SESSION), APPROVED. 5. CHECK REGISTERS FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED NOVEMBER 13, 2015, TO NOVEMBER 26, 2015; PAYROLL (CHECK) DATED NOVEMBER 20, 2015; AND PAYROLL (DIRECT DEPOSITS) DATED NOVEMBER 20, 2015, RECEIVED AND FILED (300.30) Council Member Perry abstained due to his former employment and proximity of his residence with the San Juan Hills Golf Club. Mayor pro tern Ferguson abstained due to proximity to her residence. ABSTAIN: COUNCIL MEMBER: Allevato, Reeve and Mayor Patterson COUNCIL MEMBER: Perry and Mayor protem Ferguson 6. ANNUAL FINANCIAL REPORT OF DEVELOPMENT IMPACT FEES PURSUANT TO GOVERNMENT CODE SECTION 66006 (AB 1600), RECEIVED AND FILED (420.20) 7. CITY COUNCIL REGULAR MEETING OF JANUARY 5, 2015, REINSTATED; AND CITY COUNCIL REGULAR MEETING OF TUESDAY, JANUARY 19, 2016, MOVED TO MONDAY, JANUARY 18, 2015 (610.15) 8. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.1 0) 9. 2016 STREET BANNER CALENDAR FOR BANNER INSTALLATIONS AT THE INTERSECTION OF CAMINO CAPISTRANO AND DEL OBISPO STREETS, APPROVED (410.40) 10. CITY MANAGER AUTHORIZED TO EXECUTE AN AGREEMENT WITH MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) FOR SHARING CONSULTANT COSTS FOR THE DISTRIBUTION SYSTEM WATER LOSS CONTROL TECHNICAL ASSISTANCE PROGRAM (600.50) COUNCIL ACTION ITEMS: 1. CONSIDERATION OF A RESOLUTION AND AN ORDINANCE DECLARING SAN JUAN CAPISTRANO EQUESTRIAN TRAILS AN HISTORICAL RESOURCE (91 0.40) -ITEM REMOVED FROM THE AGENDA Public Correspondence: Tom Ostensen, City resident; and Jan Siegel, City resident. 5 12/15/2015
2. COUNCIL ACTION ITEM 2 WAS REMOVED FROM THE ORIGINAL PUBLISHED AGENDA 3. CONSIDERATION OF IMMEDIATE PARKING SOLUTIONS BY CREATING A PROGRAM THAT ENCOURAGES RESIDENTS AND VISITORS TO USE TRANSPORTATION SUCH AS USER/LIFT WHILE VISITING DOWNTOWN (570.1 0) Public Correspondence: Mark Bodenhamer, Chamber of Commerce. Mayor Patterson provided a report and responded to questions. Council Action : Moved by Council Member Perry, seconded by Mayor pro tem Ferguson, and carried unanimously to direct staff to work with the Mayor to: 1) Research a parking solution program that utilizes Uber and Lift, and/or any other similar type business; 2) Reach out to the Heritage Tourism Association, Downtown Restaurants Association, and the Chamber of Commerce asking for their support; 3) Compose a letter directed to San Juan Capistrano merchants, informing them of this program, encouraging them to participate, and asking them to approve a 10% discount for patrons that show proof/receipt for using alternative transportation, such as Uber/Lift, or to provide alternative suggestions; and provide them 10 days to respond; 4) Prepare materials to educate merchants and residents of the program, encouraging residents to consider becoming an Uber/Lift driver; 5) Begin an advertising campaign regarding the program; and, 6) Schedule the start time of the program to begin within 30 days of receiving approval by 24 San Juan Capistrano Downtown merchants. 4. CONSIDERATION OF APPOINTMENT OF CITY COUNCIL REPRESENTATIVES TO OUTSIDE AGENCIES; RESOLUTION DESIGNATING REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS; AND UPDATE AND POSTING OF THE FAIR POLITICAL PRACTICES COMMISSION (FPPC) FORM 806 ON THE CITY'S WEBSITE (61 0.60)- ITEM CONTINUED ADJOURNMENT: There being no further business Mayor Patterson adjourned the meeting at 9:10 p.m. to Tuesday, January 5, 2016, at 4:00p.m. for Closed Session, and 5:00p.m. for the public Business Session; and then to Monday, January 18, 2016, at 4:00 p.m. for Closed Session, and 5:00p.m. for the public Business Session, in the City Council Chamber. 6 12/15/2015
Respectfully submitted, MARIA MORRIS, CITY CLERK Approved: January 5, 2016 ATTEST: PAM PATTERSON, ESQ., MAYOR 7 12/15/2015