MINUTES August 4, 2015 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING. CLOSED SESSION: Please refer to separate Special Meeting minutes.

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1 MINUTES August 4, 2015 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING 8/18/2015 F3 CLOSED SESSION: Please refer to separate Special Meeting minutes. BUSINESS SESSION: Mayor Reeve called the Regular Meeting of August 4, 2015, of the City Council of the City of San Juan Capistrano to order at 5:36 p.m. in the City Council Chamber. Mayor pro tern Patterson led the Pledge of Allegiance and Council Member Ferguson gave the invocation. ROLL CALL: COUNCIL MEMBERS PRESENT: Sam Allevato, Kerry K. Ferguson, John M. Perry, Mayor pro tern 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. INTRODUCTIONS AND PRESENTATIONS: 1. MAYOR PRO TEM PATIERSON INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Gerald Muir, Parks, Recreation, Senior and Youth Services Commission, Design Review Committee, and Youth Advisory Board; Jack Hunt, Utilities Commission; Thomas Perrin, Robert Parks, Linda Shown and Kim McCarthy, Parks, Recreation, Senior and Youth Services Commission; Renee Ritchie, Jill Hanna, and lise Byrnes, Trails and Equestrian Commission; Mechelle Lawrence-Adams, Cultural Heritage Commission; and Bob Cardoza, Design Review Committee. ORAL COMMUNICATIONS: Correspondence received from Stephen Wontrobski, Mission Viejo resident. lise Byrnes, City resident; Michael Forster, City resident; Mechelle Lawrence Adams, City resident; Stephen Wontrobski, Mission Viejo resident; Sonya Wong, The Ark of San Juan; and Kim McCarthy, City resident. PUBLIC HEARINGS: 1. RESOLUTION NO ADOPTED CONFIRMING THE 2015 WEED ABATEMENT - NON-COMPLIANT PROPERTIES, WEED ABATEMENT ASSESSMENTS REPORT, AND AUTHORIZING THE ORANGE COUNTY AUDITOR-CONTROLLER'S OFFICE TO INCLUDE THE ASSESSMENTS FOR WEED ABATEMENT CHARGES ON THE FISCAL YEAR 2015/2016 PROPERTY TAX ROLL (540.70) 1

2 Jill Thomas, Senior Management Analyst, provided a staff report. Mayor Reeve opened the public hearing and invited testimony, no public testimony was provided. Mayor Reeve closed the public hearing. Council Action: Moved by Council Member Perry, seconded by Council Member Allevato, and carried unanimously to adopt RESOLUTION NO entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR THE 2015 WEED ABATEMENT PROGRAM IN THE CITY OF SAN JUAN CAPISTRANO;" and authorizing the Orange County Auditor-Controller's Office to include the assessments for weed abatement charges on the Fiscal Year 2015/2016 Property Tax Roll. 2. RESOLUTION NO ADOPTED APPROVING A NOTICE OF EXEMPTION AND APPROVAL OF TENTATIVE TRACT MAP (TTM) (15-001) FOR AN 8 SINGLE-FAMILY DETACHED, RESIDENTIAL HOME SUBDIVISION ON 2.5 ACRES LOCATED AT CAMINO CAPISTRANO, ALONG THE WEST SIDE OF CAMINO CAPISTRANO AND NORTH OF JUNIPERO SERRA ROAD (ASSESSOR PARCEL NUMBER: ) (HIDDEN CREEK ESTATES) (420.20) David Contreras, Senior Planner, provided a staff report and responded to questions. Mayor Reeve opened the public hearing and invited testimony. Public Testimony: Jim Adam, Applicant. Mayor Reeve closed the public hearing. Council Action: Moved by Council Member Ferguson, seconded by Council Member Allevato, and carried unanimously to adopt RESOLUTION NO entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING OF A NOTICE OF EXEMPTION AND APPROVAL OF TENTATIVE TRACT MAP (TTM) (15-001) FOR AN 8 SINGLE-FAMILY DETACHED, RESIDENTIAL HOME SUBDIVISION ON 2.5 ACRES LOCATED AT CAMINO CAPISTRANO, ALONG THE WEST SIDE OF CAMINO CAPISTRANO AND NORTH OF JUNIPERO SERRA ROAD (ASSESSOR PARCEL NUMBER: ) (HIDDEN CREEK ESTATES)." ADMINISTRATIVE ITEMS: E1 CITY MANAGER a. UPDATE FROM BROWNSTEIN HYATT FARBER SCHRECK, RECEIVED AND FILED; COMMENCEMENT OF PHASE 3 OF THE WORK PLAN, AUTHORIZED; MAYOR AUTHORIZED TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH BROWNSTEIN HYATT FARBER SCHRECK, FOR A 2 8/4/2015

3 TOTAL AMOUNT NOT TO EXCEED $120,000, FOR PHASES 1, 2, AND 3 OF THE WORK PLAN; AND, APPROPRIATION OF $63,000 FROM THE WATER ENTERPRISE OPERATIONS FUND DEFICIT RESERVE, $10,500 FROM THE SEWER ENTERPRISE OPERATIONS FUND RESERVE, AND $1,500 FROM THE GENERAL FUND RESERVE, APPROVED (600.30/ ) Stephanie Hastings, Brownstein Hyatt Farber Schreck, provided a PowerPoint presentation and responded to questions. Dean Gipson, HDR Engineering, Inc., provided a PowerPoint presentation. Council Action: Moved by Mayor Reeve, seconded by Council Member Ferguson, and carried unanimously to receive and file an update from Brownstein Hyatt Farber Schreck; authorize the commencement of Phase 3 of the Work Plan; authorize the Mayor to execute an Amendment to the Agreement with Brownstein Hyatt Farber Schreck, for a total amount not to exceed $120,000, for Phases 1, 2, and 3 of the Work Plan; and, approve the appropriation of $63,000 from the Water Enterprise Operations Fund Deficit Reserve, $10,500 from the Sewer Enterprise Operations Fund Reserve, and $1,500 from the General Fund Reserve. E2 CITY ATTORNEY a. RESOLUTION NO APPROVED ADOPTING A CITY COUNCIL POLICY CONCERNING RULES OF ORDER AND PROCEDURES FOR CITY COUNCIL, COMMISSION, COMMITTEE AND BOARD MEETINGS ( ) Jeff Ballinger, City Attorney, provided an agenda report and responded to questions. Council Action: Moved by Council Member Reeve, seconded by Council Member Ferguson, and carried unanimously to adopt RESOLUTION NO entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A CITY COUNCIL POLICY CONCERNING RULES OF ORDER AND PROCEDURES FOR CITY COUNCIL, COMMISSION, COMMITTEE AND BOARD MEETINGS;" with the following amendment to the City Council Policy: Section IV. City Council Meeting Rules of Order, Part C. "Motions shall be governed by Rosenberg's Rule of Order as set forth below. A motion to limit debate is not in order, unless each member of the Citv Council has spoken once. Council Members may be allowed to explain their vote... " CONSENT CALENDAR: Council Action: Moved by Council Member Allevato, seconded by Mayor pro tern Patterson, and carried unanimously to approve consent calendar items 1, through 9, 11, 12, 14, 15 and 16, as recommended by staff, with Council Member Ferguson and Council Member Perry abstaining from consent calendar item MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 3 8/4/2015

4 2. CITY COUNCIL MINUTES - SPECIAL MEETING (CLOSED SESSION) OF JULY 21, 2015, APPROVED. 3. CITY COUNCIL MINUTES - REGULAR MEETING OF JULY 21, 2015, APPROVED. 4. CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED JULY 10,2015, TO JULY 23, 2015; PAYROLL (CHECKS) DATED JULY 17, 2015; AND PAYROLL (DIRECT DEPOSITS) DATED JULY 17, 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. Council Member Ferguson abstained due to proximity to her residence. ROLL CALL: AYES: COUNCIL MEMBER: Allevato, Patterson and Mayor Reeve NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Ferguson and Perry 5. REVIEW OF CASH AND INVESTMENT REPORT FOR THE MONTH ENDED JUNE 30, 2015, RECEIVED AND FILED (350.30) 6. RESOLUTION NO ADOPTED AMENDING AND RESTATING THE CITY OF SAN JUAN CAPISTRANO REPLACEMENT BENEFITS PLAN AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE ORANGE COUNTY EMPLOYEES' RETIREMENT SYSTEM FOR THE ADMINISTRATION OF THE PLAN (720.30) 7. PROFESSIONAL SERVICES AGREEMENT WITH RALPH ANDERSEN AND ASSOCIATES FOR CITY MANAGER SEARCH SERVICES, APPROVED; AND BUDGET ADJUSTMENT OF $23,750 FROM SALARY AND BENEFIT SAVINGS TO COVER THE COST OF THE AGREEMENT, APPROVED (600.30) 8. RESOLUTION NO ADOPTED APPROVING THE THIRD AMENDMENT TO THE AMENDED JOINT POWERS AUTHORITY AGREEMENT WITH THE ORANGE COUNTY FIRE AUTHORITY, APPROVED (600.50) 9. MAYOR AUTHORIZED TO SIGN A LETTER TO THE PRESIDING JUDGE OF THE ORANGE COUNTY SUPERIOR COURT, WHICH RESPONDS TO THE FINDINGS AND RECOMMENDATIONS IN THE ORANGE COUNTY GRAND JURY REPORT: "JOINT POWERS AUTHORITY: ISSUES OF VIABILITY, CONTROL, TRANSPARENCY, AND SOLVENCY" (660.30) 4 8/4/2015

5 10. MAYOR AUTHORIZED TO SIGN A LETTER TO THE PRESIDING JUDGE OF THE ORANGE COUNTY SUPERIOR COURT, WHICH RESPONDS TO THE FINDINGS AND RECOMMENDATIONS IN THE ORANGE COUNTY GRAND JURY REPORT: 'THE ORANGE COUNTY ANIMAL SHELTER: THE FACILITY, THE FUNCTION, THE FUTURE" (660.30) Tom Bokosky, Human Resources Manager, provided an agenda report and responded to questions. Public Comments: Sue Walsh, The Ark of San Juan. Council Action : Moved by Council Member Allevato, seconded by Council Member Perry, and carried unanimously to authorize the Mayor to sign a letter to the Presiding Judge of the Orange County Superior Court, which responds to the findings and recommendations in the Orange County Grand Jury Report: "The Orange County Animal Shelter: The Facility, The Function, The Future;" and Mayor authorized to add a couple of additional sentences to the letter. 11. CHANGE ORDER NO. 5 IN THE AMOUNT OF $34,322 TO REROOF THE BLAS AGUILAR ADOBE FOR A TOTAL CONTRACT AMOUNT OF $200,817 WITH MARK SAUER CONSTRUCTION, INC., APPROVED (600.30) 12. CHANGE ORDER NO.1 IN THE AMOUNT OF $32, TO RECONSTRUCT TWENTY (20) AMERICANS WITH DISABILITIES ACT (ADA) RAMPS ON CAMINO CAPISTRANO FOR A TOTAL CONTRACT AMOUNT OF $252, WITH UNIQUE PERFORMANCE CONSTRUCTION, INC., APPROVED (600.30) 13. RESOLUTION NO ADOPTED AUTHORIZING THE SEWER ENTERPRISE FUND'S INVESTMENT IN A PROMISSORY NOTE OF THE SAN JUAN CAPISTRANO WATER ENTERPRISE FUND AND AUTHORIZING THE EXECUTION OF THE PROMISSORY NOTE BY THE WATER ENTERPRISE FUND; AND ADDING AN ADDITIONAL $320,000 (TO PROVIDE 10% INTEREST FOR ONE (1) YEAR ON THE WATER RATE REFUNDS PREVIOUSLY APPROVED BY THE CITY COUNCIL) FOR A TOTAL APPROPRIATION OF $4,420,000 TO THE WATER ENTERPRISE OPERATIONS FUND (FUND 60) TO BE OFFSET BY $4,420,000 OF PROCEEDS FROM THE PROMISSORY NOTE AS OF JUNE 30, 2015, APPROVED (340.30) Cindy Russell, Chief Financial Officer/City Treasurer, provided an agenda report and responded to questions. Jeff Ballinger, City Attorney, responded to questions. Public Comments: Richard Gardner, Capistrano Beach resident. Council Action : Moved by Mayor Reeve, seconded by Council Member Perry, and carried 4-1 with Council Member Allevato opposed to adopt RESOLUTION NO entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE SEWER ENTERPRISE FUND'S INVESTMENT IN A PROMISSORY NOTE OF THE SAN JUAN CAPISTRANO WATER ENTERPRISE FUND AND 5 8/4/2015

6 AUTHORIZING THE EXECUTION OF THE PROMISSORY NOTE BY THE WATER ENTERPRISE FUND;" and adding an additional $320,000 (to provide 10% interest for one ( 1) year on the water rate refunds previously approved by the City Council) for a total appropriation of $4,420,000 to the Water Enterprise Operations Fund (Fund 60) to be offset by $4,420,000 of proceeds from the Promissory Note as of June 30, ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER: Perry, Ferguson, Patterson and Mayor Reeve COUNCIL MEMBER: Allevato COUNCIL MEMBER: None 14. AMENDMENT INITIATED TO THE CITY'S LAND USE CODE PROVISIONS ADDRESSING URBAN AGRICULTURE ZONES BY REFERRING THE MATTER TO THE PLANNING COMMISSION FOR RECOMMENDATION (440.25) 15. RESOLUTION NO ADOPTED WAIVING COMPETITIVE BIDDING AND MAKING FINDINGS IN SUPPORT THEREOF; SECOND AMENDMENT TO THE PERSONAL SERVICES AGREEMENT FOR DESIGN WITH DEXTER WILSON ENGINEERING, INC., TO ADD $32,130, APPROVED; SECOND AMENDMENT TO THE PERSONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT AND INSPECTION WITH RBF CONSULTING TO ADD $35,350, APPROVED; AND SECOND AMENDMENT TO THE CONSTRUCTION CONTRACT FOR CONSTRUCTION SERVICES WITH CHARLES KING COMPANY, INC., TO ADD $452,867, APPROVED (600.30) YEAR WATER CONSERVATION PARTICIPATION AGREEMENT WITH MUNICIPAL WATER DISTRICT OF ORANGE, APPROVED; ADDENDUM NO. 3 FOR FISCAL YEAR SITE INSPECTIONS FOR THE TURF REMOVAL REBATE PROGRAM AND SPRAY-TO-DRIP IRRIGATION REBATE PROGRAM AS SPECIFIED IN SECTIONS 3B AND 3C, APPROVED; AND CITY MANAGER AUTHORIZED OR HIS/HER DESIGNEE TO APPROVE FUTURE ADDENDA (600.30/ ) 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) ORDINANCES: None. COUNCIL ACTION ITEMS: None. 6 8/4/2015

7 CITY COUNCIL REPORTS: Council Member Ferguson provided an update on the City's Trolley ridership; and reported on the following : Acjachamen and Juanerio Band Meeting; Southern California Association of Governments - Transportation Committee Meeting; Metropolitan Water District of Orange County Water Policy Forum; Foothill/Eastern Transportation Corridor Agency Special Closed Session Meeting; Sherriffs Open House; and the Equestrian Coalition -Two Stepping Under the Stars Event. Council Member Perry reported attending a Library Concert. Council Member Allevato reported on the following: Sober Living and Transitional Housing Meeting with Assemblyman Bill Brough, and reported that the Father Serra Statue will remain in the State Capitol Building; attendance at the Equestrian Coalition - Two Stepping Under the Stars Event; Santa Margarita Water District Meeting; and Orange County Association of Realtors Workshop. He requested that the entire City Council be provided with the City's Trolley ridership reports. Mayor pro tem Patterson reported attending the Homefront America Event. ADJOURNMENT: There being no further business Mayor Reeve adjourned the meeting at 7:18 p.m. to Tuesday, August 18, 2015, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public Business Session, in the City Council Chamber. Respectfully submitted, MARIA MORRIS, CITY CLERK Approved:Augu~18, 2015 ATIEST: DEREK REEVE, MAYOR 7 8/4/2015