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MINUTES December 6, 2016 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: 2/7/201-7 E2 Mayor Patterson called the Regular Meeting of December 6, 2016, of the City Council of the City of San Juan Capistrano to order at 5:20 p.m. in the City Council Chamber. Council Member Perry led the Pledge of Allegiance and Mayor pro tern Ferguson gave the invocation. ROLL CALL: 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 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 are receiving a $50.00 stipend for conducting the Housing Authority meeting. CITY COUNCIL REPORTS: Council Member Perry reported attending the City's Tree Lighting Ceremony . . INTRODUCTIONS AND PRESENTATIONS: B1. 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, Thomas Perrin, Kim McCarthy, Eva Crabbs, Parks, Recreation, Senior and Youth Services Commission; and Christie Mead, Cultural Heritage Commission; Renee Ritchie, Trails and Equestrian Commission; and Ted Shown and Mark Speros, Planning Commission. B2. ROY L. BYRNES, M.D., PRESENTED WITH THE MAYOR'S "LIFETIME ACHIEVEMENT AWARD" B3 . COMMUNITY COMMON SENSE PRESENTED WITH THE MAYOR'S "SERVICE ORGANIZATION OF THE YEAR" B4 . PRESENTATION OF MAYOR'S AWARD- COMMUNITY PRIDE- CONTINUED TO DECEMBER 12, 2016 B5 . PRESENTATION OF MAYOR'S AWARD - CITIZENS OF THE YEAR - CONTINUED TO DECEMBER 12,2016 1

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MINUTES December 6, 2016

SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING

BUSINESS SESSION:

2/7/201-7

E2

Mayor Patterson called the Regular Meeting of December 6, 2016, of the City Council of the City of San Juan Capistrano to order at 5:20 p.m. in the City Council Chamber. Council Member Perry led the Pledge of Allegiance and Mayor pro tern Ferguson gave the invocation.

ROLL CALL:

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 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 are receiving a $50.00 stipend for conducting the Housing Authority meeting.

CITY COUNCIL REPORTS: • Council Member Perry reported attending the City's Tree Lighting Ceremony . .

INTRODUCTIONS AND PRESENTATIONS:

B1. 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, Thomas Perrin, Kim McCarthy, Eva Crabbs, Parks, Recreation, Senior and Youth Services Commission; and Christie Mead, Cultural Heritage Commission; Renee Ritchie, Trails and Equestrian Commission; and Ted Shown and Mark Speros, Planning Commission.

B2. ROY L. BYRNES, M.D., PRESENTED WITH THE MAYOR'S "LIFETIME ACHIEVEMENT AWARD"

B3. COMMUNITY COMMON SENSE PRESENTED WITH THE MAYOR'S "SERVICE ORGANIZATION OF THE YEAR"

B4. PRESENTATION OF MAYOR'S AWARD- COMMUNITY PRIDE- CONTINUED TO DECEMBER 12, 2016

B5. PRESENTATION OF MAYOR'S AWARD - CITIZENS OF THE YEAR -CONTINUED TO DECEMBER 12,2016

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ORAL COMMUNICATIONS:

• Public Correspondence: Stephen M. Wontrobski, Mission Viejo resident.

• Public Comments: Stephen M. Wontrobski, Mission Viejo resident; Jeff Vasquez, City resident; Kathy Sandhans, City resident; Michael Laux, City resident; Kathy Hooper, City resident; Monique Rea, City resident; Ted Shown, City resident; and Steve Behmerwohld, City resident.

CONSENT CALENDAR:

Council Action: Moved by Council Member Allevato, seconded by Council Member Perry, and carried unanimously to approve consent calendar items D1 through D17, and D19 through D23, as recommended by staff with Mayor pro tern Ferguson abstained from Consent Calendar D4; and Council Member Allevato opposed to Consent Calendar D22; and Council Member Allevato and Council Member Reeve opposed to Consent Calendar D23.

D1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.

D2. CITY COUNCIL MINUTES- REGULAR MEETING OF NOVEMBER 15, 2016 (CLOSED SESSION), APPROVED

D3. CITY COUNCIL MINUTES- REGULAR MEETING OF NOVEMBER 15, 2016, APPROVED

D4. REVIEW OF THE CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED OCTOBER 28, 2016, TO NOVEMBER 10, 2016; NOVEMBER 11, 2016, TO NOVEMBER 17, 2016; PAYROLL (CHECK) DATED NOVEMBER 4, 2016; PAYROLL (DIRECT DEPOSIT) DATED NOVEMBER 4, 2016; PAYROLL (CHECK) DATED NOVEMBER 18, 2016; AND PAYROLL (DIRECT DEPOSIT) DATED NOVEMBER 18, 2016, RECEIVED AND FILED (330.30)

Mayor pro tern Ferguson abstained to any checks paid to Excel Electric, due to proximity to her residence.

ROLL CALL:

AYES: COUNCIL MEMBER: Reeve, Perry, Allevato and Mayor Patterson NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Mayor protem Ferguson

D5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED OCTOBER 31,2016, RECEIVED AND FILED (350.30)

D6. ANNUAL FINANCIAL REPORT OF DEVELOPMENT IMPACT FEES (PURSUANT TO GOVERNMENT CODE SECTION 66006 (AB 1600)) AND FINDINGS CONTAINED HEREIN, APPROVED (420.20)

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D7. RESOLUTION NO. 16-12-06-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SAN JUAN CAPISTRANO FOR THE FISCAL YEAR ENDED JUNE 30, 2016;" AND STAFF DIRECTED TO FILE THE REPORT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY (820.25)

D8. FISCAL YEAR 2015-16 FOURTH QUARTER FINANCIAL REPORT, RECEIVED AND FILED; PROPOSED ADJUSTMENTS TO THE CITY'S OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS AS PRESENTED AT PAGES 1-3 OF APPENDIX E-3, APPROVED; AND, FOURTH QUARTER INVOICE TO THE COUNTY OF ORANGE FOR ANIMAL CONTROL SERVICES IN THE AMOUNT OF $63,016, APPROVED (330.20)

D9. ORDINANCE NO. 1041 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 6-3.03, 6-3.08.01, 6-3.08.02, AND 6-3.08.03 OF CHAPTER 3 OF TITLE 6 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO SOLID WASTE, MINIMUM CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION REQUIREMENTS" (1040.90)

D1 0. ANALEE KREDEL APPOINTED TO THE POSITION OF ADULT ADVISOR ON THE YOUTH ADVISORY BOARD, TERM ENDING AUGUST 31,2018 (110.20)

D11. GERALD MUIR APPOINTED AS THE AT-LARGE MEMBER AND LYNNE ROE APPOINTED AS THE AT-LARGE ALTERNATE TO THE DESIGN REVIEW COMMITTEE, TERM ENDING MARCH 31, 2017 (110.20)

D12. VACANCY DECLARED FOR ALL POSITIONS IN THE CITY COMMISSIONS AND COMMITTEES AS OF MARCH 31, 2017; AND THE CITY CLERK DIRECT TO PREPARE AND POST APPROPRIATE NOTICES AND SOLICIT APPLICATIONS (110.20)

D13. MODIFICATION OF THE SCOPE OF WORK FOR THE LAW FIRM OF GOODIN, MACBRIDE, SQUERI AND DAY IN ASSISTING THE CITY WITH PREPARING COMMENTS ON THE ENVIRONMENTAL IMPACT REPORT AND ADMINISTRATIVE REVIEW PROCEEDINGS FOR THE SAN DIEGO GAS AND ELECTRIC COMPANY'S SOUTH ORANGE COUNTY RELIABILITY ENHANCEMENT PROJECT (SOCRE), IN AN AMOUNT NOT TO EXCEED AN ADDITIONAL $30,000 FOR A TOTAL NOT TO EXCEED AMOUNT OF $405,000; AND AN APPROPRIATION OF FUNDS FOR THESE ADDITIONAL LEGAL AND CONSULTING SERVICES IN THE AMOUNT OF $30,000 FROM THE GENERAL FUND RESERVES, APPROVED (600.30)

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D14. CITY MANAGER AUTHORIZED TO EXECUTE A MAINTENANCE SERVICES AGREEMENT WITH IWATER, INC. FOR VALVE AND FIRE HYDRANT MAINTENANCE SERVICES, FOR A TWO-YEAR TERM IN AN AMOUNT NOT TO EXCEED $149,700 PER YEAR AND CITY MANAGER AUTHORIZED TO EXECUTE UP TO TWO, ONE YEAR EXTENSIONS PER THE TERMS OF THE AGREEMENT; BUDGET ADJUSTMENT AND TRANSFER AUTHORIZED FOR FISCAL YEAR 2016-2017 FROM FUND 60 (WATER ENTERPRISE­OPERATIONS) SALARY SAVINGS TO FUND 60 (WATER QUALITY VALVE AND HYDRANT MAINTENANCES ACCOUNT) IN AMOUNT OF $1 05,000; AND BUDGET ADJUSTMENT AND TRANSFER AUTHORIZED FOR FISCAL YEAR 2017-2018 FROM FUND 60 (WATER ENTERPRISE-OPERATIONS) SALARY SAVINGS TO FUND 60 (WATER QUALITY VALVE AND HYDRANT MAINTENANCES ACCOUNT) IN AMOUNT OF $121,000 (600.30)

D15 . . CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 3 TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC., FOR DEVELOPMENT PROJECT MANAGEMENT SERVICES, TO EXTEND THE TERM OF THE AGREEMENT TO DECEMBER 31, 2017 (600.30)

D16 . CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 3 TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT WITH LILLEY PLANNING GROUP, INC., FOR DEVELOPMENT PROJECT MANAGEMENT AND PLANNING COUNTER SERVICES, TO EXTEND THE TERM OF THE AGREEMENT TO DECEMBER 31, 2017 (600.30)

D17. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO 16634 (RANCHO SAN JUAN DEVELOPMENT LLC) (600.30)

D18. QUALIFIED MASTER CONSULTANT LIST FOR PROFESSIONAL SERVICES FOR ENGINEERING, BUILDING, ARCHITECTURAL SERVICES, PLAN CHECK, ARCHEOLOGICAL AND ENVIRONMENTAL SERVICES, APPROVED FOR THE FOLLOWING CONSULTANTS: ADAMS STREETER CIVIL ENGINEERS, AMEC FOSTER WHEELER, ANDERSON-PENNA PARTNERS, INC., APD CONSULTANTS, INC., CHAMBERS GROUP, INC., CIVIL SOURCE , INC., CNC ENGINEERING, INC., COGSTONE, CORE STRUCTURE, INC., DAVID EVANS & ASSOCIATES, INC., DUDEK AND ASSOCIATES, INC., ELEMENTS ARCHITECTURE, INC., EPD SOLUTIONS, INC., ERSC, ESGIL CORPORATION, FUSCOE ENGINEERING, GEOSCIENCE SUPPORT SERVICES, INC., GHD, GLENN LUKOS ASSOCIATES, GONG ENTERPRISES, INC. (GEl), HARTZOG & CRABILL, HELIX ENVIRONMENTAL PLANNING INC., HETHERINGTON ENGINEERING INC., HR GREEN, HUITT-ZOLLARS INC., HUNSAKER & ASSOCIATES, INC., ICF STOKES & JONES, INC., INFRASTRUCTURE ENGINEERS, INTERWEST CONSULTING GROUP, JAS BUILDING AND SAFETY SUPPORT SERVICES, JOHN MINCH & ASSOCIATES, INC., JOHN SERGIO FISHER AND ASSOCIATES, INC., KOA CORPORATION, KUNZMAN ASSOCIATES, INC., LABELL MARVIN, INC., LANDCONCERN, LGC GEOTECHNICAL, INC., LSA ASSOCIATES, MBF

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CONSULTING, INC., MOORE IACOFANO GOL TSMAN, INC., NUVIS LANDSCAPE ARCHITECTURE & PLANNING, PENGO ENGINEERING, INC., PLACEWORKS, RJM DESIGN GROUP, INC., RK ENGINEERING GROUP, INC., RRM DESIGN GROUP, SAGE ENVIRONMENTAL GROUP, STANTEC CONSULTING SERVICES, TERRACON, WILLDAN, LINSCOTT, LAW & GREENSPAN ENGINEERS, AND CHARLES ABBOTT ASSOCIATES, INC.; AND CITY MANAGER AUTHORIZED TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS ON AN AS-NEEDED BASIS, WITH THE FIRMS INCLUDED ON THE MASTER CONSULTANT LIST, FOR AMOUNTS NOT TO EXCEED $45,000 PER PROJECT (600.30)

Counci l Action: Moved by Mayor pro tem Ferguson, seconded by Council Member Reeve, and carried 4-1 with Council Member Allevato absent (Stepped out of Council Chamber) unanimously to approve the Qualified Master Consultant List for Professional Services for Engineering, Building, Architectural Services, Plan Check, Archeological and Environmental Services, Approved for the following consultants: Adams Streeter Civil Engineers, Amec Foster Wheeler, Anderson-Penna Partners, Inc., APD Consultants, Inc., Chambers Group, Inc., Civil Source , Inc., CNC Engineering, Inc., Cogstone, Core Structure, Inc., David Evans & Associates, Inc., Dudek and Associates, Inc., Elements Architecture, Inc., EPD Solutions, Inc., ERSC, Esgil Corporation, Fuscoe Engineering, Geoscience Support Services, Inc., GHD, Glenn Lukos Associates, Gong Enterprises, Inc. (GEl), Hartzog & Crabill, Helix Environmental Planning Inc., Hetherington Engineering Inc., HR Green, Huitt-Zollars Inc., Hunsaker & Associates, Inc., ICF Stokes & Jones, Inc., Infrastructure Engineers, lnterwest Consulting Group, Jas Building and Safety Support Services, John Minch & Associates, Inc., John Sergio Fisher and Associates, Inc., Koa Corporation, Kunzman Associates, Inc., Labell Marvin, Inc., Landconcern, LGC Geotechnical, Inc., LSA Associates, MBF Consulting, Inc., Moore lacofano Goltsman, Inc., Nuvis Landscape Architecture & Planning, Penco Engineering, Inc., Placeworks, RJM Design Group, Inc., RK Engineering Group, Inc., RRM Design Group, Sage Environmental Group, Stantec Consulting Services, Terracon, Willdan, Linscott, Law & Greenspan Engineers, and Charles Abbott Associates, Inc.; and authorize the City Manager to execute Professional Services Agreements on an as-needed basis, for amounts not to exceed $45,000 per project.

ROLL CALL:

AYES: NOES: ABSENT:

COUNCIL MEMBER: Reeve, Perry, Ferguson and Mayor Patterson COUNCIL MEMBER: None COUNCIL MEMBER: Allevato (Stepped out of Council Chamber)

D19. 2017 STREET BANNER CALENDAR FOR BANNER INSTALLATIONS AT THE INTERSECTION OF CAMINO CAPISTRANO AND DEL OBISPO, APPROVED (41 0.40)

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D20. CITY MANAGER AUTHORIZED TO APPROVE THE SUBSTITUTION OF PODOCARPUS MACROPHYLLUS (YEW PINE) IN LIEU OF MYRICA CALIFORNIA (PACIFIC WAX MYRTLE) AS SPECIFIED IN THE LICENSE AGREEMENT WITH RIVENDELL LAND COMPANY, INC., DATED OCTOBER 12, 2015 (600.30)

D21. TOILET RETROFIT INCENTIVE PROGRAM REVISED TO REDUCE THE MAXIMUM WATER USE FOR REBATE ELIGIBILITY FROM THE CURRENT 1.6 GALLONS PER FLUSH TOILETS TO FIXTURES USING 1.28 GALLONS PER FLUSH OR LESS (1 050.90)

D22. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND HOMEFRONT AMERICA FOR EVENTS AND SERVICES RELATED TO THE CITY'S ADOPTED 18T BATTALION, 11TH MARINE REGIMENT, APPROVED (600.30)

ROLL CALL:

AYES: NOES: ABSENT:

COUNCIL MEMBER: Reeve, Perry, Ferguson and Mayor Patterson COUNCIL MEMBER: Allevato COUNCIL MEMBER: None

D23. BYLAWS ADOPTED FOR THE SAN JUAN CAPISTRANO CITY FOUNDATION, A CITY NONPROFIT PUBLIC BENEFIT CORPORATION; CITY CLERK DIRECTED TO PREPARE AND POST APPROPRIATE NOTICES TO SOLICIT APPLICATIONS FOR INTERESTED PARTIES TO FILL DIRECTOR POSITIONS WITH IN THE SAN JUAN CAPISTRANO CITY FOUNDATION; MAYOR AUTHORIZED TO FORM A SUBCOMMITTEE OF TWO COUNCILMEMBERS TO REVIEW APPLICATIONS, CONDUCT INTERVIEWS, AND BRING BACK RECOMMENDATIONS FOR DIRECTOR AND OFFICER APPOINTMENTS TO THE SAN JUAN CAPISTRANO CITY FOUNDATION; AND CITY MANAGER AUTHORIZED TO EXECUTE ANY RELATED INCORPORATION DOCUMENTS (130.10)

ROLL CALL:

AYES: NOES: ABSENT:

COUNCIL MEMBER: Perry, Ferguson and Mayor Patterson COUNCIL MEMBER: Reeve and Allevato None COUNCIL MEMBER: None

D24. CITY MANAGER AUTHORIZED TO EXECUTE A FIRST AMENDMENT TO THE RIDING PARK MANAGEMENT AGREEMENT WITH BLENHEIM FACILITIES MANAGEMENT, LLC, ON A MONTH-TO-MONTH BASIS, MAINTAINING THE TERMS OF THE CURRENT MANAGEMENT AGREEMENT; AND, APPROPRIATION OF $40,000 FROM THE EASTERN OPEN SPACE FUND FOR CONSULTANT AND LEGAL COSTS NECESSARY TO NEGOTIATE A LONG-TERM MANAGEMENT AGREEMENT, APPROVED (600.30)

Ben Siegel, City Manager, provided an agenda report and responded to questions.

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• Public Comments: Mark Bodenhamer, Chamber of Commerce; Dr. Julie Ryan Johnson, San Juan Capistrano Equestrian Coalition; Monique Rea, City resident; Sandie Weaver, City resident; and Noah Guerin, San Clemente resident.

Council Action: Moved by Mayor Patterson, seconded by Council Member Perry, and carried unanimously to authorize the City Manager to execute a First Amendment to the Riding Park Management Agreement with Blenheim Facilities Management, LLC, on a month-to-month basis, maintaining the terms of the current management agreement; and, approve the appropriation of $40,000 from the Eastern Open Space Fund for consultant and legal costs necessary to negotiate a long-term management agreement.

PUBLIC HEARINGS:

E1 . CONTINUED PUBLIC HEARING TO CONSIDER ABANDONMENT AND SALE OF CITY-OWNED PARK LAND, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF LA NOVIA AVENUE AND SAN JUAN CREEK ROAD, TO SAN JUAN HILLS GOLF CLUB, LP, PURSUANT TO A LEGAL SETTLEMENT AGREEMENT- CONTINUED TO JANUARY 17, 2017

Council Member Perry recused himself due to proximity to his residence and left the City Council Chamber.

Council Action: Moved by Council Member Reeve, seconded by Mayor pro tern Ferguson, and carried 4-0 with Council Member Perry recused to continue the public hearing to the January 17, 2017, meeting.

ROLL CALL:

AYES: NOES: ABSENT: RECUSED:

COUNCIL MEMBER: Reeve, Allevato, Ferguson and Mayor Patterson COUNCIL MEMBER: None COUNCIL MEMBER: None COUNCIL MEMBER: Perry

ADMINISTRATIVE ITEMS:

F1. PUBLIC WORKS

a. REVIEW AND DIRECTION FOR THE NORTHWEST OPEN SPACE COMMUNITY PARK PROJECT (NUVIS LANDSCAPE ARCHITECTURE AND PLANNING) (920.1 0)

Steve May, Public Works and Utilities Director provided a PowerPoint presentation and responded to questions. Ben Siegel, City Manager, Tom Toman, Assistant Public Works Director, and Khoon Tan, Senior Civil Engineer, responded to questions.

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• Public Comments: Barbara Szemenyei, City resident; Kim Olivares Leone, Juanefio Band of Mission Indians; Matias (Matt) Belardes, Juanefio Band of Mission Indians; Patricia Martz, California Cultural Resources Preservation Alliance, Ind.; and Joyce Stanfield Perry, Juanefio Band of Mission Indians.

Council Action: Moved by Mayor pro tern Ferguson, seconded by Council Member Perry, and carried 4-1 with Council Member Reeve opposed to receive and file feedback from the Parks, Recreation, Senior and Youth Services Commission and the Putuidem Committee from October 17, 2016, and the Trails and Equestrian Commission from December 5, 2016; and direct staff to proceed with the design of the Northwest Open Space Community Project as proposed in Option 4 with the following:

1. Remove equestrian ADA ramp from the equestrian staging area. 2. Remove bleacher (with corresponding shade structure) from the

equestrian staging area. 3. Reduce scope of the picnic area entry monumenUsignage. 4. Reduce the number of shrubbery by half, but maintain all culturally

significant shrubbery/plants that were used for medicinal, basket weaving and other purposes.

5. Reduce the irrigation system through localized plantings. 6. Substitute the proposed asphalt with soil cement. 7. Execute an Amendment to the Design Contract with Nuvis Landscape

Architecture and Planning. 8. Remove from the Nuvis Landscape Architecture and Planning Contract

the archeological and paleontological services, the specialty art and signage components, and the prefabricated specialty items such as Kiichas and Ramadas, and for the City to handle those independently subject to the future discussions and review by the City Council, Commissions and the Putuidem Committee.

9. Return to the City Council for approval of the design and authorization to bid.

F2a. RESOLUTION NO. 16-12-06-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, SUBMITIING TO THE QUALIFIED VOTERS OF THE CITY OF SAN JUAN CAPISTRANO AN ORDINANCE ESTABLISHING A TWO-TERM LIMIT ON CITY COUNCIL SERVICE, AT THE REGULAR MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD NOVEMBER 6, 2018;" WITH A TWO YEAR "COOLING OFF" PERIOD FOR WHICH A COUNCIL MEMBER MUST WAIT BEFORE SEEKING RE-ELECTION (630.40)

Maria Morris, City Clerk, provided an agenda report and responded to questions. Ben Siegel, City Manager, and Jeff Ballinger, City Attorney, responded to questions.

• Public Comments: Stephanie Heredia, City resident.

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Council Action: Moved by Mayor pro tern Ferguson, seconded by Council Member Perry, and carried 3-2 with Council Member Reeve and Council Member Allevato opposed to adopt RESOLUTION NO. 16-12-06-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF SAN JUAN CAPISTRANO AN ORDINANCE ESTABLISHING A TWO-TERM LIMIT ON CITY COUNCIL SERVICE, AT THE REGULAR MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD NOVEMBER 6, 2018;" with a two year "cooling off" period for which a Council Member must wait before seeking re-election.

ROLL CALL:

AYES: NOES: ABSENT:

COUNCIL MEMBER: Perry, Ferguson and Mayor Patterson COUNCIL MEMBER: Reeve and Allevato COUNCIL MEMBER: None

SAN JUAN CAPISTRANO HOUSING AUTHORITY: (Refer to Successor Agency Minutes)

SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)

COUNCIL ACTION ITEMS:

11. DIRECTION REGARDING THE OAKS PARCEL OF THE EASTERN OPEN SPACE PROPERTY (920.1 0)

Mayor pro tern Ferguson and Council Member Perry provided a report.

• Public Comments: Renee Ritchie, City resident; Mark Speros, City resident; and Eva Crabbs, City resident.

Council Action: Moved by Mayor pro tern Ferguson, seconded by Council Member Perry, and carried 4-1 with Council Member Allevato opposed to direct staff to send a notice of termination of current lease to The Oaks, Inc. effective January 31, 2017, retain The Oaks parcel as an annex to Reata Park and Events Center; and direct staff to remove the fence from the south and east side of the property an install a new fence on the western property line between The Oaks and said annex of Reata Park and Event Center no later than February 1, 2017; and direct staff to work with The Oaks, Inc. management to entertain the concept of sharing the cost of the new fence.

ROLL CALL:

AYES: NOES: ABSENT:

COUNCIL MEMBER: Reeve, Perry, Ferguson and Mayor Patterson COUNCIL MEMBER: Allevato COUNCIL MEMBER: None

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12. MAYOR PRO TEM FERGUSON, MAYOR PATTERSON, PLANNING COMMISSIONER MARK SPEROS AND CITY MANAGER BEN SIEGEL DIRECTED TO MEET WITH STAFF AND/OR REPRESENTATIVES OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO DISCUSS (REGIONAL EAST/WEST MOBILITY NOW) POSSIBLE SOLUTIONS THAT WILL PROVIDE THE GREATEST POSSIBLE BENEFIT TO SAN JUAN CAPISTRANO RESIDENTS WHILE RECOGNIZING THE NEEDS OF NEIGHBORING COMMUNITIES AT THE EARLIEST POSSIBLE OPPORTUNITY AND REPORT BACK TO THE SAN JUAN CAPISTRANO CITY COUNCIL NO LATER THAN FEBRUARY OF 2017 (800.20)

Mayor pro tern Ferguson provided a report. Ben Siegel, City Manager, responded to questions.

• Public Comments: Moira Nonnweiler, City resident; and Anna Dickinson, City resident.

Council Action: Moved by Mayor . pro tern Ferguson, seconded by Council Member Perry, and carried 3-2 with Council Member Reeve and Council Member Allevato opposed to direct Mayor pro tern Kerry, K. Ferguson, Mayor Pam Patterson, Commissioner Mark Speros and City Manager Ben Siegel to meet with staff and/or representatives of the Orange County Transportation Authority to discuss (Regional East/West Mobility Now) possible solutions that will provide the greatest possible benefit to San Juan Capistrano residents while recognizing the needs of neighboring communities at the earliest possible opportunity and report back to the San Juan Capistrano City Council no later than February of 2017.

ADJOURNMENT:

There being no further business Mayor Patterson adjourned the meeting at 8:35 p.m. to Monday, December 12, 2016, at 5:00p.m. for a public Adjourned Regular Meeting; and then to Tuesday, January 17, 2017, at 4:00p.m. for Closed Session, and 5:00p.m. for the public Business Session, in the City Council Chamber

Respectfully submitted,

MARIA MORRIS, CITY CLERK

Approved: January 12, 2017

ATTEST:

KERRY K. FERGUSON, MAYOR

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