MINUTES December 2, 2014 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING 12/16/2014 02 CLOSED SESSION: None. BUSINESS SESSION: Mayor Allevato called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 6:02 p.m. in the City Council Chamber. Noah Lieghey, Boy Scout Troop 872, led the Pledge of Allegiance and Mayor pro tern Kramer gave the invocation. ROLLCALL: COUNCIL MEMBERS PRESENT: Roy L. Byrnes M.D., Derek Reeve, John Taylor Mayor pro tern Larry Kramer and Mayor 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 CLERK ANNOUNCEMENT: Per Assembly Bill 23, Maria Morris, City Clerk, announced that each Housing Authority Board Member is receiving a $50.00 stipend for conducting the Housing Authority meeting. CITY COUNCIL REPORTS ON OUTSIDE AGENCIES: Election Celebration for Supervisor-Elect Lisa Bartlett. Gardening Angels Event at Los Rios Park. Transportation Corridor Agencies Joint Legal Ad-Hoc Committee Meeting. CAL TRANS Construction Coordination Meeting. Orange County Vector Control Meeting. INTRODUCTIONS AND PRESENTATIONS: 1. MAYOR PROTEM KRAMER INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Gerald Muir, Parks, Recreation and Senior Services Commission and Youth Advisory Board; Ronald Denman, Kathy Hooper and Steve Behmerwohld, Parks, Recreation and Senior Services Commission; lise Byrnes, Open Space, Trails and Equestrian Commission; Sheldon Cohen, Planning Commission; and, William Bonney and Janet Siegel, Cultural Heritage Commission. 2. MISSION STORE RECOGNIZED AS THE MAYOR AWARD FOR BUSINESS LEADER OF THE YEAR (61 0.40) 1
JOINT MEETING - AUTHORITY: CITY COUNCIL, SUCCESSOR AGENCY AND HOUSING 1. Public Comments regarding Agenda Items C-2 through C-14: Larry Thomas, City resident; Darcy Burke, Director of Public Affairs, Municipal Water District of Orange County (provided plaques to out-going Council Members); Jonathan Volzke, City resident; and, Steve Behmerwohld, City resident. 2. RESOLUTION 14-12-02-01 ADOPTED CERTIFYING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014 (630.20) Council Action: Moved by Mayor Allevato, seconded by Council Member Taylor, and carried unanimously to adopt Resolution 14-12-02-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW." 3. OUTGOING MAYOR SAM ALLEVATO RECOGNIZED FOR HIS SERVICE AND CONTRIBUTION AS SAN JUAN CAPISTRANO MAYOR (610.40) 4. REMARKS PROVIDED BY OUTGOING MAYOR SAM ALLEVATO 5. OUTGOING MAYOR PROTEM LARRY KRAMER RECOGNIZED FOR HIS SERVICE AND CONTRIBUTION AS SAN JUAN CAPISTRANO COUNCIL MEMBER (61 0.40) 6. REMARKS PROVIDED BY OUTGOING MAYOR PROTEM LARRY KRAMER 7. OUTGOING COUNCIL MEMBER JOHN TAYLOR RECOGNIZED FOR HIS SERVICE AND CONTRIBUTION AS SAN JUAN CAPISTRANO COUNCIL MEMBER (61 0.40) 8. REMARKS PROVIDED BY OUTGOING COUNCIL MEMBER JOHN TAYLOR 9. OATH OF OFFICE ADMINISTERED TO NEWLY ELECTED COUNCIL MEMBERS PAM PATTERSON, ESQ., DEREK REEVE AND KERRY K. FERGUSON Maria Morris, City Clerk, administered the Oath of Office. 10. REMARKS PROVIDED BY NEWLY SEATED COUNCIL MEMBERS PAM PATTERSON, ESQ., DEREK REEVE AND KERRY K. FERGUSON 2 12/2/2014
11. DEREK REEVE SELECTED TO SERVE AS MAYOR AND PAM PATIERSON, ESQ., SELECTED TO SERVE AS MAYOR PRO TEMPORE OF THE CITY OF SAN JUAN CAPISTRANO CITY COUNCIL, TERMS ENDING DECEMBER 1, 2015 (630.20) Maria Morris, City Clerk, called for nominations for the office of Mayor. Council Action: Moved by Council Member Byrnes, seconded by Council Member Patterson, and carried unanimously to select Derek Reeve as Mayor, term ending December 1, 2015. Maria Morris, City Clerk, called for nominations for the office of Mayor pro tern. Council Action: Moved by Mayor Reeve, seconded by Council Member Byrnes, and carried unanimously to select Pam Patterson, Esq., as Mayor pro tern, term ending December 1, 2015. 12. KERRY K. FERGUSON SELECTED TO SERVE AS CHAIR AND SAM ALLEVATO SELECTED TO SERVE AS VICE-CHAIR OF THE SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, TERMS ENDING DECEMBER 1, 2015 (435.10) Maria Morris, Agency Secretary, called for nominations for Chair. Board Action: Moved by Board Member Reeve, seconded by Board Member Byrnes, and carried unanimously to select Kerry K. Ferguson as Chair, term ending December 1, 2015. Maria Morris, Agency Secretary, called for nominations for Vice-Chair. Board Action: Moved by Board Member Byrnes, seconded by Board Member Reeve, and carried unanimously to select Sam Allevato as Vice-Chair, term ending December 1, 2015. 13. ROY L. BYRNES, M.D., SELECTED TO SERVE AS CHAIR AND KERRY K. FERGUSON SELECTED TO SERVE AS VICE-CHAIR OF THE CITY OF SAN JUAN CAPISTRANO HOUSING AUTHORITY, TERMS ENDING DECEMBER 1, 2015 (435.10) Maria Morris, Commission Secretary, called for nominations for Chair. Commissioner Action: Moved by Commissioner Reeve, seconded by Commissioner Allevato, and carried unanimously to select Roy L. Byrnes, M.D., as Chair, term ending December 1, 2015. Maria Morris, Commission Secretary, called for nominations for Vice-Chair. Commissioner Action: Moved by Commissioner Reeve, seconded by Commissioner Allevato, and carried unanimously to select Kerry K. Ferguson as Vice-Chair, term ending December 1, 2015. 3 12/2/2014
14. REMARKS PROVIDED BY NEWLY APPOINTED MAYOR PRO TEM PATERSON AND MAYOR REEVE ORAL COMMUNICATIONS: Tom Scott, Camino Real Playhouse; lan Smith, City resident; Clint Worthington, City resident; and Mike Johnson, City resident. CONSENT CALENDAR: Council Action: Moved by Council Member Byrnes, seconded by Council Member Allevato, and carried unanimously to approve consent calendar items 1 through 5, and 7 through 12, as recommended by staff; with Council Member Ferguson and Mayor pro tem Patterson abstained from consent calendar items 2 through 5. 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2. CITY COUNCIL MINUTES- SPECIAL MEETING OF NOVEMBER 18, 2014, APPROVED. ROLLCALL: AYES: NOES: ABSENT: ABSTAINED: COUNCIL MEMBER: Allevato, Byrnes and Mayor Reeve COUNCIL MEMBER: Ferguson and Mayor pro tern Patterson 3. CITY COUNCIL MINUTES- SPECIAL MEETING OF NOVEMBER 18, 2014, (CLOSED SESSION) APPROVED. ROLL CALL: AYES: NOES: ABSENT: ABSTAINED: COUNCIL MEMBER: Allevato, Byrnes and Mayor Reeve COUNCIL MEMBER: Ferguson and Mayor pro tern Patterson 4. CITY COUNCIL MINUTES - REGULAR MEETING OF NOVEMBER 18, 2014, APPROVED. ROLL CALL: AYES: NOES: ABSENT: ABSTAINED: COUNCIL MEMBER: Allevato, Byrnes and Mayor Reeve COUNCIL MEMBER: Ferguson and Mayor pro tern Patterson 4 12/2/2014
5. CITY COUNCIL MINUTES - SPECIAL AND TELEPHONIC MEETING OF NOVEMBER 24, 2014, (CLOSED SESSION) APPROVED. ROLLCALL: AYES: COUNCIL MEMBER: Allevato, Byrnes and Mayor Reeve NOES: ABSENT: ABSTAINED: COUNCIL MEMBER: Ferguson and Mayor pro tern Patterson 6. CHECK REGISTERS FOR ELECTRONIC TRANSACTIONS DATED OCTOBER 31, 2014, TO NOVEMBER 13, 2014; PAYROLL (DIRECT DEPOSITS) DATED NOVEMBER 21,2014, RECEIVED AND FILED (300.30) Cindy Russell, Chief Financial Officer/City Treasurer, responded to questions. Council Action: Moved by Council Member Allevato, seconded by Council Member Byrnes, and carried unanimously to receive and file the Check Register for Electronic Transactions dated October 31, 2014, to November 13, 2014; and Payroll (Direct Deposits) dated November 21, 2014. 7. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED OCTOBER 31,2014, RECEIVED AND FILED (350.30) 8. RESOLUTION NO. 14-12-02-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DELEGATING TO THE CITY TREASURER AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST CITY FUNDS, AUTHORIZING SIGNATURES AND REPEALING RESOLUTION NO. 13-12-03-02" (320.1 0) 9. QUALIFIED CONTRACTORS LIST FOR PUBLIC WORKS FACILITY MAINTENANCE AND REPAIRS, APPROVED; PERSONAL SERVICES AGREEMENTS WITH FLAGSHIP FACILITY SERVICES, INC., INSLEY CONSTRUCTION, INC., AND OMEGA CONSTRUCTION COMPANY, INC., TO PROVIDE PUBLIC FACILITY MAINTENANCE AND REPAIRS CITY-WIDE FOR A THREE-YEAR TERM, WITH THREE (3) ONE-YEAR OPTIONAL EXTENSION SUBJECT TO AVAILABLE FUNDING IN THE ADOPTED OPERATIONAL AND CAPITAL IMPROVEMENT BUDGET, APPROVED; AND, CITY MANAGER AUTHORIZED TO APPROVE OPTIONAL EXTENSION WITHIN THE PERSONAL SERVICES AGREEMENT TERM (600.30) 5 12/2/2014
10. QUALIFIED CONTRACTORS LIST FOR CONCRETE, SIDEWALK, CURB AND GUTTER MAINTENANCE AND REPAIR SERVICES, APPROVED; PERSONAL SERVICES AGREEMENTS WITH BRIAN DEVRIES CONSTRUCTION, INC., DBA DEVRIES CONSTRUCTION, AND GREEK'S CONCRETE TO PROVIDE CONCRETE, SIDEWALK, CURB AND GUTTER MAINTENANCES AND REPAIR SERVICES CITY-WIDE FOR A THREE-YEAR TERM, WITH THREE (3) ONE-YEAR OPTIONAL EXTENSION SUBJECT TO AVAILABLE FUNDING IN THE ADOPTED OPERATIONAL AND CAPITAL IMPROVEMENT BUDGET, APPROVED; AND, CITY MANAGER AUTHORIZED TO APPROVE OPTIONAL EXTENSION WITHIN THE PERSONAL SERVICES AGREEMENT TERM (600.30) 11. QUALIFIED CONTRACTORS LIST FOR ASPHALT/CRACK SEAUSEAL COAT MAINTENANCE AND REPAIR SERVICES, APPROVED; PERSONAL SERVICES AGREEMENTS WITH BEN'S ASPHALT, INC., HARDY AND HARPER, INC., QUICKEL PAVING, INC., AND SANDERS PAVING, INC., TO PROVIDE ASPHALT/CRACK SEAUSEAL COAT MAINTENANCE AND REPAIR SERVICES CITY-WIDE FOR A THREE-YEAR TERM, WITH THREE (3) ONE YEAR OPTIONAL EXTENSION SUBJECT TO AVAILABLE FUNDING IN THE ADOPTED OPERATIONAL AND CAPITAL IMPROVEMENT BUDGET, APPROVED; AND, CITY MANAGER AUTHORIZED TO APPROVE OPTIONAL EXTENSION WITHIN THE PERSONAL SERVICES AGREEMENT TERM (600.30) 12. 2015 STREET BANNER CALENDAR FOR BANNER INSTALLATIONS AT THE INTERSECTION OF CAMINO CAPISTRANO AND DEL OBISPO STREETS, APPROVED; AND CITY COUNCIL POLICY 419, REVISED (410.40) 13. CONSTRUCTION CONTRACT WITH BOUDREAU PIPELINE CORPORATION FOR THE NORTHWEST OPEN SPACE PHASE 1 - SANITARY SEWER IMPROVEMENTS IN THE AMOUNT OF $170,200, APPROVED; PERSONAL SERVICES AGREEMENT WITH MCKEEHAN ENVIRONMENTAL CONSULTANTS IN THE AMOUNT OF $8,935, APPROVED; DRAFT LICENSE AGREEMENT FOR CONNECTION BETWEEN MOULTON NIGUEL WATER DISTRICT (MNWD) AND THE CITY OF SAN JUAN CAPISTRANO, APPROVED; AND MAYOR AUTHORIZED TO SIGN THE FINAL LICENSE AGREEMENT WITH MOULTON NIGUEL WATER DISTRICT IF IT IS SUBSTANTIALLY IN CONFORMANCE WITH THE DRAFT DOCUMENT (CIP 09209) (600.30) Keith Van Der Maaten, Utilities and Public Works Director, provided an Agenda report and responded to questions. Public Comments: Kim McCarthy, City resident; Clint Worthington, City resident; and Mike Johnson, City resident. 6 12/2/2014
Council Action: Moved by Council Member Allevato, seconded by Council Member Ferguson, and carried 3-2 with Council Member Byrnes and Mayor pro tern Patterson opposed to approve a Construction Contract with Boudreau Pipeline Corporation for the Northwest Open Space Phase 1 - Sanitary Sewer Improvements in the amount of $170,200; approve a Personal Services Agreement with Mckeehan Environmental Consultants in the amount of $8, 935; approve a draft License Agreement for connection between Moulton Niguel Water District (MNWD) and the City of San Juan Capistrano; and Mayor authorized to sign the final License Agreement with Moulton Niguel Water District if it is substantially in conformance with the draft document (CIP 09209). ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER: Ferguson, Allevato and Mayor Reeve COUNCIL MEMBER: Byrnes and Mayor pro tem Patterson 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: None. ORDINANCES: None. COUNCILMANIC ITEMS: 1. DISCUSSION REGARDING CHANGING THE CITY COUNCIL CLOSED SESSION AND PUBLIC BUSINESS SESSION TIME; AND REVISION TO CITY COUNCIL POLICY 128 REGARDING NO NEW BUSINESS AFTER 9:00P.M. INSTEAD OF 10:00 P.M. (610.15) Public Comments: Mark Bodenhamer, Chamber of Commerce. Council Action: Moved by Council Member Allevato, seconded by Council Member Byrnes, and carried unanimously to direct staff to return to the City Council with a resolution changing the regular meeting time to 4:00p.m. for Closed Session and 5:00p.m. for the Public Business Session; and direct staff to bring back to the City Council a revised City Council Policy 128 requiring a 4/5 vote to conduct new business after 9:00p.m., instead of 10:00 p.m. 7 12/2/2014
2. DISCUSSION REGARDING INSTALLING A CROSSWALK BETWEEN RANCHO VIEJO ROAD AND PASEO ESPADA (590.70) Public Correspondence: Manijeh Kazemi, OC Pharmacy; Kathie Hoke, Seasons Senior Apartments; and Cameron Grenier, City resident. Public Comments: lan Smith, City resident; Mark Speros, City resident; Jim Reardon, City resident; Clint Worthington, City resident; and Mike Johnson, City resident. Council Action: Moved by Mayor Reeve, seconded by Council Member Ferguson, and carried unanimously to direct staff to bring back to the City Council recommendations in what it would take to have a crosswalk between Rancho Viejo Road and Paseo Espada. 3. DISCUSSION REGARDING ELIMINATING THE CITY'S BUSINESS LICENSE REQUIREMENT (390.60) Public Comments: Mark Bodenhamer, Chamber of Commerce; Kim McCarthy, City resident, John Gillotti, City business owner; and Steve Szemenyei, City resident. Council Action: Moved by Mayor Reeve, seconded by Council Member Allevato, and carried unanimously to direct staff to bring back to the City Council in Spring (2015) modifications to business license requirements, including other alternatives/options for the City Council to consider, including consequences. 4. DISCUSSION REGARDING ESTABLISHING A MAYORAL SUB-COMMITTEE OF RESIDENTS TO EVALUATE AND REVAMP ALL RULES, FEES, LAWS, ETC., RELATED TO DOING BUSINESS IN SAN JUAN CAPISTRANO (470.50) -NO FORMAL ACTION TAKEN Public Comments: Mark Speros, City resident, and John Gillotti, City business owner. 8 12/2/2014
5. DISCUSSION REGARDING RESTRUCTURING THE OPEN SPACE, TRAILS AND EQUESTRIAN COMMISSION AND THE PARKS, RECREATION AND SENIOR SERVICES COMMISSION (11 0.20) Public Comments: lan Smith, City resident; Mark Speros, City resident; Mike Johnson, City resident, Kim McCarthy, City resident; and Jerry Muir, City resident. Council Action: Moved by Mayor Reeve, seconded by Council Member Byrnes, and carried unanimously to place the restructuring of the Open Space, Trails and Equestrian Commission and the Parks, Recreation and Senior Services Commission on the agenda of the subject Commissions for their comments and recommendations; and direct staff to bring back to the City Council by March 2015. ADJOURNMENT: There being no further business Mayor Reeve adjourned the meeting at 9:27 p.m. to Tuesday, December 16, 2014, at 3:00 p.m. for Closed Session and 5:00 p.m. for a public Business Session, in the City Council Chamber. Respectfully submitted, MARIA MORRIS, CITY CLERK Approved: December 16, 2014 ATTEST: DEREK REEVE, MAYOR 9 12/2/2014