BUSINESS SESSION: MINUTES February 16, 2016 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING 3/1/2016 F4 Mayor Patterson called the Regular Meeting of February 16, 2016, of the City Council of the City of San Juan Capistrano to order at 5:06 p.m. in the City Council Chamber. Mayor pro tern Ferguson led the Pledge of Allegiance and Council Member Perry gave the invocation. COUNCIL MEMBERS PRESENT: Mayor Pam Patterson, Esq., Mayor pro tern Kerry K. Ferguson, and Council Members Derek Reeve, John M. Perry and Sam Allevato. 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. 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; Ron Denman and Thomas Perrin, Jr., and Kim McCarthy, Parks, Recreation, Senior and Youth Services Commission; Jack Hunt, Utilities Commission; and Bob Cardoza, Design Review Committee. ORAL COMMUNICATIONS: Public Correspondence: Stephen M. Wontrobski, Mission Viejo resident submitted correspondences dated December 24, 2015; February 10, 2016; and February 15, 2016 (2 emails). Matt Gaffney, City resident; Arthur Oronoz, City resident; Larry Kramer, City resident; Anna Dickinson, City resident; Beverly Blake, City resident; Mary Demare, Friends of the Library; Kim McCarthy, City resident; Paul Jenkinson, Pacifica San Juan Fair Tax; Dan Friess, Mission Commercial Properties, Inc.; and Steve Behmerwohld, City resident. 1
PUBLIC HEARINGS: D1. RESOLUTION NO. 16-02-16-01 ADOPTED APPROVING A CEQA EXEMPTION AND APPROVING VESTING TENTATIVE TRACT MAP (TTM) 17840 (14-002) TO CREATE A CONDOMINIUM MAP TO CREATE 4 LOTS THAT ENCOMPASS 3.71 ACRES THAT WILL RESULT IN A TOTAL OF 10 CONDOMINIUM UNITS IN THE EXISTING CALLE PERFECTO BUSINESS PARK FOR PURPOSES OF SALE, LEASING OR FINANCING, LOCATED WEST OF CAMINO CAPISTRANO AND NORTH OF CALLE PERFECTO (ASSESSOR PARCEL NUMBER'S: 668-441-09, 668-501-01, 668-501-07, AND 668-501-08) (CALLE PERFECTO BUSINESS PARK L.P., DENNIS GAGE) (440.10) David Contreras, Senior Planner, provided a PowerPoint presentation and responded to questions. Mayor Patterson opened the public hearing, and invited public testimony. Public Testimony: Steve Behmerwohld, City resident. Mayor Patterson closed the public hearing. Council Action: Moved by Council Member Perry, seconded by Council Member Allevato, and carried 4-1 with Council Member Reeve opposed to adopt RESOLUTION 16-02-16-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A CEQA EXEMPTION AND APPROVING VESTING TENTATIVE TRACT MAP (TIM) 17840 (14-002) TO CREATE A CONDOMINIUM MAP TO CREATE 4 LOTS THAT ENCOMPASS 3.71 ACRES THAT WILL RESULT IN A TOTAL OF 10 CONDOMINIUM UNITS IN THE EXISTING CALLE PERFECTO BUSINESS PARK FOR PURPOSES OF SALE, LEASING OR FINANCING, LOCATED WEST OF CAMINO CAPISTRANO AND NORTH OF CALLE PERFECTO (ASSESSOR PARCEL NUMBER'S: 668-441-09, 668-501-01, 668-501-07, AND 668-501-08) (CALLE PERFECTO BUSINESS PARK L.P., DENNIS GAGE). COUNCIL MEMBER: Perry, Allevato, Ferguson and Mayor Patterson COUNCIL MEMBER: Reeve 02. RESOLUTION NO. 16-02-16-02 ADOPTED APPROVING FLOODPLAIN LAND USE PERMIT (FP) 15-001 FOR INSTALLATION OF A 65'-0" TALL GROUND MOUNTED, FAUX WATER TOWER, WIRELESS TELECOMMUNICATIONS FACILITY, CONSISTING OF 12 PANEL ANTENNAS, 12 REMOTE RADIO UNITS, 1 MICROWAVE DISH, AND 2 GPS ANTENNAS, AND AN EQUIPMENT SHELTER LOCATED AT 28411 SAN JUAN CREEK ROAD (ASSESSORS PARCEL NUMBER(S): 124-223-69) (VERIZON WIRELESS SAN JUAN CREEK) (550.1 0) Public Correspondence: Kevin P. Sullivan, Esq., Schwartz Hyde & Sullivan, LLP; and Eniko Bartha, Senior RF Design Engineer, Verizon. 2 2/16/2016
Sergio Klotz, Acting Development Services Director, provided a PowerPoint and responded to questions. Mayor Patterson opened the public hearing, and invited public testimony. Public Testimony: Kevin Sullivan, representing the applicant, Verizon Wireless, provided a PowerPoint presentation; Andres Matzkin, representing the applicant, Verizon Wireless; and Anna Dickinson, City resident. Mayor Patterson closed the public hearing. Council Action: Moved by Council Member Allevato, seconded by Council Member Reeve, and carried unanimously to adopt RESOLUTION 16-02-16-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING FLOODPLAIN LAND USE PERMIT (FP) 15-001 FOR INSTALLATION OF A 65'-0" TALL GROUND MOUNTED, FAUX WATER TOWER, WIRELESS TELECOMMUNICATIONS FACILITY, CONSISTING OF 12 PANEL ANTENNAS, 12 REMOTE RADIO UNITS, 1 MICROWAVE DISH, AND 2 GPS ANTENNAS, AND AN EQUIPMENT SHELTER LOCATED AT 28411 SAN JUAN CREEK ROAD (ASSESSORS PARCEL NUMBER(S): 124-223-69) (VERIZON WIRELESS SAN JUAN CREEK)." ADMINISTRATIVE ITEMS: E1 CITY ATIORNEY a. STAFF AUTHORIZED TO COMMENCE THE PROCESS TO TRANSITION FROM AT-LARGE ELECTIONS TO BY-DISTRICT ELECTIONS FOR THE NOVEMBER 8, 2016, ELECTION, CONSISTING OF EITHER FIVE (5) DISTRICTS OR FOUR (4) DISTRICTS AND AN ELECTED MAYOR; STAFF DIRECTED TO BRING BACK TO THE CITY COUNCIL FOR APPROVAL A MAPPING PROCESS THAT INCLUDES NO LESS THAN THREE (3) COMMUNITY FORUMS; AND FOR THE REQUEST FOR PROPOSALS (RFP) (TO PROVIDE DEMOGRAPHIC SERVICES IN CONNECTION WITH THE ESTABLISHMENT OF BY-DISTRICT ELECTIONS) TO BE CONDUCTED ONLY BY THE CITY MANAGER AND CITY ATTORNEY IN AN IMPARTIAL MANNER WITHOUT NO OTHER CONTACT OR INFLUENCE ON HOW OR WHO IS INTERVIEWED (630.40) Public Correspondence: Don and Nancy Canary, City residents; and PJ Douglas, City resident. Jeff Ballinger, City Attorney, provided an agenda report and responded to questions. Public Comments: Larry Kramer, City resident; and Richard Gardner, Capistrano Beach resident. 3 2/16/2016
Council Action: Moved by Council Member Reeve, seconded by Mayor pro tern Ferguson, and carried unanimously to authorize staff to commence the process to transition from at-large elections to by-district elections for the November 8, 2016, Election, consisting of either five (5) districts or four (4) districts and an elected Mayor; direct staff to bring back to the City Council for approval a mapping process that includes no less than three (3) community forums; and for the Request for Proposals (RFP) process (to provide demographic services in connection with the establishment of by-district elections) to be conducted only by the City Manager and City Attorney in an impartial manner without no other contact or influence on how or who is interviewed. b. EXCLUSIVE NEGOTIATION AGREEMENT WITH LAB HOLDING, LLC TO EXPLORE THE FEASIBILITY OF ACQUISITION AND DEVELOPMENT OF THE LOWER ROSAN PROPERTY FOR DEVELOPMENT OF A UNIQUE COMMERCIAL RETAIL/LIFESTYLE CENTER, DENIED (600.30) Jeff Ballinger, City Attorney, provided an agenda report and responded to questions. Public Comments: Richard Gardner, Capistrano Beach resident; Steve Behmerwohld, City resident; and Doug Lone, City resident. Council Action: Moved by Council Member Reeve, seconded by Council Member Allevato, and carried 4-1 with Mayor Patterson opposed to deny approval of an Exclusive Negotiation Agreement with Lab Holding, LLC to explore the feasibility of acquisition and development of the Lower Rosan property for development of a unique commercial retail/lifestyle center. COUNCIL MEMBER: Reeve, Perry, Allevato Mayor protem Ferguson COUNCIL MEMBER: Mayor Patterson E2 PUBLIC WORKS a. RESOLUTION NO 16-02-16-03 ADOPTED SUMMARILY VACATING A PORTION OF ROSENBAUM ROAD EAST OF RANCHO VIEJO ROAD AS EXCESS RIGHT OF WAY THAT IS NO LONGER NEEDED FOR PUBLIC STREET, AND ORDERING THE VACATION THEREOF AND RESERVING ALL OTHER PUBLIC UTILITY EASEMENTS; AND CITY CLERK DIRECTED TO RECORD THE ADOPTED RESOLUTION (820.40) George Alvarez, City Engineer, provided a PowerPoint and responded to questions. Public Comments: Larry Tucker, City resident. 4 2/16/2016
Moved by Mayor Patterson, but motion failed for a lack of a second to table the item. Council Action: Moved by Council Member Reeve, seconded by Council Member Allevato, and carried 3-2 with Mayor pro tern Ferguson and Mayor Patterson opposed to adopt RESOLUTION 16-02-16-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUMMARILY VACATING A PORTION OF ROSENBAUM ROAD EAST OF RANCHO VIEJO ROAD AS EXCESS RIGHT OF WAY THAT IS NO LONGER NEEDED FOR PUBLIC STREET, AND ORDERING THE VACATION THEREOF AND RESERVING ALL OTHER PUBLIC UTILITY EASEMENTS;" and direct the City Clerk to record the adopted Resolution. COUNCIL MEMBER: Reeve, Perry and Allevato COUNCIL MEMBER: Mayor protem Ferguson and Mayor Patterson CONSENT CALENDAR: Council Action: Moved by Council Member Reeve, seconded by Council Member Allevato, and carried unanimously to approve consent calendar items 1 through 13, and 15 through 20, as recommended by staff, with Mayor pro tern Ferguson and Council Member Perry abstaining from consent calendar items 7 and 8, and Council Member Allevato opposed to consent calendar item 19. 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2. CITY COUNCIL MINUTES - SPECIAL MEETING OF JANUARY 18, 2016, (CLOSED SESSION), APPROVED 3. CITY COUNCIL MINUTES - REGULAR MEETING OF JANUARY 18, 2016, APPROVED 4. CITY COUNCIL MINUTES - ADJOURNED REGULAR MEETING OF JANUARY 25, 2016, APPROVED 5. CITY COUNCIL MINUTES - SPECIAL MEETING OF FEBRUARY 2, 2016, (CLOSED SESSION), APPROVED 6. CITY COUNCIL MINUTES - REGULAR MEETING OF FEBRUARY 2, 2016, APPROVED 5 2/16/2016
7. CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED DECEMBER 25, 2015, TO JANUARY 7, 2016; PAYROLL (CHECKS) DATED DECEMBER 31, 2015; PAYROLL (DIRECT DEPOSITS) DATED DECEMBER 31, 2015, RECEIVED AND FILED (300.30) Council Member Perry abstained due to proximity of his residence with the San Juan Hills Golf Club. Mayor pro tern Ferguson abstained due to proximity to her residence. COUNCIL MEMBER: Allevato, Reeve and Mayor Patterson ABSTAINED: COUNCIL MEMBER: Perry and Mayor protem Ferguson 8. CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED JANUARY 8, 2016, TO JANUARY 21, 2016; PAYROLL (CHECK) DATED JANUARY 15, 2016; AND PAYROLL (DIRECT DEPOSITS) DATED JANUARY 15, 2016, RECEIVED AND FILED (300.30) Council Member Perry abstained due to proximity of his residence with the San Juan Hills Golf Club. Mayor pro tern Ferguson abstained due to proximity to her residence. COUNCIL MEMBER: Allevato, Reeve and Mayor Patterson ABSTAINED: COUNCIL MEMBER: Perry and Mayor protem Ferguson 9. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED DECEMBER 31, 2015, RECEIVED AND FILED (420.20) 10. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.10) 11. WATER REFUND CLAIMS IDENTIFIED IN THE AGENDA REPORT, WHICH WERE FILED WITH THE CITY CLERK, DENIED (170.70) 12. VACANCIES ON THE YOUTH ADVISORY BOARD FOR YOUTH MEMBERS WHO SERVE A ONE (1) YEAR TERM UNTIL SEPTEMBER 2016, AND ADULT ADVISORS WHO SERVE A TWO (2) YEAR TERM UNTIL SEPTEMBER 2018, DECLARED VACANT; AND CITY CLERK DIRECTED TO SOLICIT APPLICATIONS TO FILL THE VACANCIES (110.20) 13. ORDINANCE 1029 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING VARIOUS SECTIONS OF CHAPTER 1 OF TITLE 3 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING BUSINESS LICENSE REGULATIONS" (390.60) 6 2/16/2016
14. BASED ON DIRECTION PROVIDED AT THE OCTOBER 20, 2015, CITY COUNCIL MEETING AND MEMORANDUM DATED FEBRUARY 9, 2016: 1) THE FOLLOWING AUTHORIZATION WAS PROVIDED RELATED TO PURSUING OPTIONS FOR POTENTIAL CHANGES IN THE ORGANIZATION OF THE CITY'S WATER AND SEWER UTILITIES AS AUTHORIZED ON OCTOBER 20, 2015: A) MAYOR AUTHORIZED TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH BROWNSTEIN HYATI FARBER SCHRECK, FOR A TOTAL AMOUNT NOT TO EXCEED $285,000 FOR PHASES 1, 2, 3 AND 4 OF THE WORK PLAN; B) BROWNSTEIN HYA TI FARBER SCHRECK AUTHORIZED TO AMEND ITS AGREEMENT WITH HDR ENGINEERING FOR ENGINEERING AND TECHNICAL SERVICES ASSOCIATED WITH PHASES 3 AND 4 FOR A TOTAL AMOUNT NOT TO EXCEED $143,450; AND, 2) APPROPRIATION OF $81,390 FROM THE WATER ENTERPRISE OPERATIONS FUND RESERVE AND $14,360 FROM THE SEWER ENTERPRISE OPERATIONS FUND RESERVE FOR THE COST OF THE AMENDMENTS, APPROVED (600.30) Ben Siegel, City Manager, provided an Agenda Report. Public Comments: Larry Kramer, City resident. Council Action: Moved by Council Member Reeve, seconded by Mayor protem Ferguson and carried 4-1 with Council Member Allevato opposed to approve based on direction provided at the October 20, 2015, City Council meeting and Memorandum dated February 9, 2016: 1) provide the following authorization related to pursuing options for potential changes in the organization of the City's water and sewer utilities as authorized on October 20, 2015: a) authorize the Mayor to execute an Amendment to the Agreement with Brownstein Hyatt Farber Schreck, for a total amount not to exceed $285,000 for Phases 1, 2, 3 and 4 of the Work Plan; b) authorize Brownstein Hyatt Farber Schreck to amend its Agreement with HDR Engineering for engineering and technical services associated with Phases 3 and 4 for a total amount not to exceed $143,450; and, 2) approve an appropriation of $81,390 from the Water Enterprise Operations Fund Reserve and $14,360 from the Sewer Enterprise Operations Fund Reserve for the cost of the amendments. COUNCIL MEMBER: Reeve, Perry, Ferguson and Mayor Patterson COUNCIL MEMBER: Allevato 15. THE FOLLOWING PURCHASES APPROVED VIA THE EMERGENCY PURCHASING AUTHORIZATION PROCESS, RATIFIED: 1) DAP ELECTRIC, INC., IN THE AMOUNT OF $7,202.70; 2) E. STEWART AND ASSOCIATES, INC., IN THE AMOUNT OF $8,050.00; AND 3) SANDERS PAVING, INC., IN THE AMOUNT OF $6,776.00 (330.10) 16. THIRD AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH GOVERNMENT STAFFING SERVICES, INC. DBA MUNITEMPS FOR PROFESSIONAL STAFFING SERVICES, APPROVED (600.30) 7 2/16/2016
17. FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH CHARLES ABBOTT ASSOCIATES, INC., FOR ENGINEERING, BUILDING AND ARCHITECTURAL SERVICES TO INCREASE THE TOTAL NOT TO EXCEED AMOUNT TO $95,800, APPROVED (600.30) 18. RESOLUTION NO. 16-02-16-04 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO EXECUTE RIGHT-OF-WAY CERTIFICATION FOR THE CAMINO CAPISTRANO PAVEMENT REHABILITATION LA ZANJA STREET TO OSO ROAD PROJECT # STPL 5372(016) (CIP 16109);" AND MAYOR AUTHORIZED TO SIGN THE INTERIM SHORT FORM RIGHT-OF-WAY CERTIFICATION LOCAL ASSISTANCE PROJECT (600.30) 19. ALL BIDS RECEIVED FOR THE TRAFFIC SIGNAL CONSTRUCTION AT RANCHO VIEJO ROAD AND PASEO ESPADA (CIP 15101), REJECTED; AND STAFF AUTHORIZED TO RE-ADVERTISE AND RECEIVE CONSTRUCTION BIDS FOR TRAFFIC SIGNAL CONSTRUCTION AT RANCHO VIEJO ROAD AND PASEO ESPADA (CIP 15101) (600.30) COUNCIL MEMBER: Reeve, Perry, Ferguson and Mayor Patterson COUNCIL MEMBER: Allevato 20. RESOLUTION NO. 16-02-16-05 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 14-06-23-06, THE CITY'S CLASSIFICATION AND COMPENSATION PLAN TO WATER AND SEWER CONSTRUCTION INSPECTION POSITION (700.20) SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY: (Refer to Successor Agency Minutes) COUNCIL ACTION ITEMS: 1. MEMBERS APPOINTED TO SERVE AS REPRESENTATIVES TO VARIOUS OUTSIDE AGENCIES THROUGH DECEMBER 2016 (OR SPECIFIC TERM WHERE NOTED); RESOLUTION 16-02-16-06 ADOPTED DESIGNATING A REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS; AND CITY CLERK DIRECTED TO UPDATE AND POST THE FAIR POLITICAL PRACTICES COMMISSION (FPPC) FORM 806 ON THE CITY'S WEBSITE (61 0.60) Maria Morris, City Clerk, provided an Agenda Report. 8 2/16/2016
Council Action: Moved by Mayor pro tern Ferguson, seconded by Mayor Patterson, and carried 3-2 with Council Member Reeve and Council Member Allevato opposed to adopt RESOLUTION NO. 16-02-16-06 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING A REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS;" direct the City Clerk to update and post to the City's website the Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments); and make the following appointments to outside agencies through December 2016: League of Cities- Orange County Division Kerry Ferguson, Member Pam Patterson, Alternate Orange County Library Advisory Board Pam Patterson, Member John Perry, Alternate San Juan Basin Authority John Perry, Member Derek Reeve, Alternate Desalination Project Participate Committee John Perry, Member Kerry Ferguson, Alternate South Orange County Watershed Management Area (SOCWMA) Ray Miller, Member John Perry, Alternate California Joint Powers Insurance Authority Pam Patterson, Member John Perry, Alternate Southern California Association of Governments (SCAG) Kerry Ferguson, Member Pam Patterson, Alternate Orange County Fire Authority (OCFA) John Perry, Member 9 2/16/2016
Vector Control Pam Patterson, Member (2-year term expires December 31, 2016)- NO ACTION REQUIRED South Orange County Wastewater Authority Joint Powers Authority (SOCWA) Ray Miller, Member John Perry, Alternate Transportation Corridors Agencies (Foothill/Eastern & San Joaquin Hills) Kerry Ferguson, Member Derek Reeve, Alternate South County Agencies Group (MET) John Perry, Member Pam Patterson, Alternate SONGS Decommissioning Community Engagement Panel Pam Patterson, Member COUNCIL MEMBER: Perry, Ferguson and Mayor Patterson COUNCIL MEMBER: Reeve and Allevato 2. MAYOR AUTHORIZED TO EXECUTE A LETTER EXPRESSING OPPOSITION FOR SENATE BILL (SB 876- HOMELESSNESS)- PROPOSAL TO REMOVE LOCAL AUTHORITY- SENATOR CAROL LIU (660.40) Council Action: Moved by Mayor pro tern Ferguson, seconded by Council Member Allevato, and carried unanimously to authorize the Mayor to execute a letter expressing opposition for Senate Bill (SB 876 - Homelessness) - Proposal to Remove Local Authority- Senator Carol Liu. CITY COUNCIL REPORTS: Mayor pro tern Ferguson provided a written report on the following: attending the League of California Cities Housing, Community & Economic Development Policy Committee Meeting; Southern California Association of Governments (SCAG) Meeting; Southern Orange County Business Coalition 2nd Annual Report Luncheon; Transportation Corridor Agencies Board Meeting; and provided a report on meetings and events attended as the City's Equestrian Liaison and Mission Liaison. 10 2/16/2016
ADJOURNMENT: There being no further business Mayor Patterson adjourned the meeting at 7:54 p.m. to Tuesday, March 1, 2016, 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: March 1, 2016 ATTEST: PAM PATTERSON, ESQ., MAYOR 11 2/16/2016