17-0801_CC_Minutes_Regular MeetingMINUTES
August1,2017
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION :
Mayor Ferguson called the Regular Meeting of August 1, 2017, of the
City Council of the City of San Juan Capistrano to order at 5:03 p.m. in the
City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. Mayor Pro Tern
Farias led the Pledge of Allegiance and Mayor Ferguson gave the invocation.
Councilmember Pam Patterson did not participate after 9:00 p.m. at the following
location 27451 Connemara Drive, San Juan Capistrano CA, 92675 .
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Kerry K. Ferguson, Mayor Pro Tern
Sergio Farias, and Council Members Derek Reeve, and Pam Patterson, Esq. (left the
meeting at 6:42 p.m.).
COUNCIL MEMBERS ABSENT: Brian L. Maryott .
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 , Christy Jakl , Assistant 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 Patterson reported on the following : attending the Association
of California Cities of Orange County Meeting.
• Mayor Pro Tem Farias reported on the following: congratulated Ben Siegel,
City Manager, and Ken Al-lmam, Chief Financial Officer, for receiving an award
for the 2016 Comprehensive Annual Financial Report from the Government
Finance Officers Association.
• Mayor Ferguson reported on the following: attending the Summer Nites Concert
that was dedicated to the memory of Marine Pilot Captain Sean "Puffin" Elliott.;
Association of California Cities of Orange County Task Force Meeting for
Residential Recovery Centers; South County Mayors and City Managers
Meeting; provided a report on the City's Summer Trolley ridership; Orange
County Transportation Authority's District Mayors' Forum; Orange County Fair;
Capistrano Skate Ribbon Cutting; and, Two-Stepping Under the Stars Event at
Rancho Mission Viejo Riding Park at San Juan Capistrano.
1
INTRODUCTIONS AND PRESENTATIONS :
B1 . MAYOR PROTEM FARIAS INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE: Mechelle Lawrence Adams , and William Bonney , Cultural
Heritage Commission; Jack Hunt, Utilities Commission ; Tom Perrin, Parks,
Recreat ion, Youth and Senior Services, Trails and Equestrian Commission; and,
Gerald Muir, Parks , Recreation, Youth and Senior Services, Trails and
Equestrian Commission and Youth Advisory Board .
ORAL COMMUNICATIONS :
• Public Correspondence: Mark Speros, City resident (submitted two letters);
Patricia Borchmann, Escondido resident ; Bart Ziegler, Del Mar resident; Ron
Rodarte, no residence provided; Roger Johnson , PhD, San Clemente resident ;
Jenifer and John Massey, San Clemente residents (submitted two letters); Joe
Tully, Mission Viejo resident ; Charles Langely, Executive Director Public
Watchdogs; Derek Reeve, San Juan Capistrano City Councilmember; Michelle
Anderson, Coto de Caza resident ; Torgen Johnson, City resident ; Jeff Vasquez,
City resident; Rhen Kohan, City resident; Nina Babiarz, Board Member Public
Watchdogs; and, Joe Holtzman , Mission Viejo resident.
• Public Comments : Shari Horne, Laguna Woods Mayor; Yoshimi Zemba, City
resident ; Toni Iseman , Laguna Beach Mayor; Rita Conn, Laguna Beach resident
(provided handout); Michael Laux, City resident (showed video); Dan Almquist,
City resident (showed video); Steve Behmerwohld, City resident; Monique Rea,
City resident; and, Clint Worthington, City resident.
PUBLIC HEARINGS:
D1 . RESOLUTION 17-08-01-01 ADOPTED CONFIRMING THE 2017 COST REPORT
FOR THE 2017 ABATEMENT PROGRAM AND AUTHORIZING THE
ORANGE COUNTY AUDITOR-CONTROLLER'S OFFICE TO INCLUDE THE
ASSESSMENTS FOR WEED ABATEMENT CHARGES ON THE FISCAL YEAR
2017-2018 PROPERTY TAX ROLL (540.70)
Steve May , Public Works and Utilities Director, provided a report and responded to
questions.
Mayor Ferguson opened the public hearing and invited public testimony. No public
testimony was received . Mayor Ferguson closed the Public Hearing .
Co unci l Act io n: Moved by Council Member Reeve, seconded by Council Member
Patterson, and carried 4-0 with Council Member Maryott absent to adopt
RESOLUTION 17-08-01-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO , CALIFORNIA , CONFIRMING THE COST
REPORT FOR THE 2017 WEED ABATEMENT PROGRAM IN THE CITY OF
SAN JUAN CAPISTRANO."
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ROLL CALL :
AYES:
NOES :
ABSENT:
COUNCIL MEMBER: Reeve, Patterson, Farias and Mayor Ferguson
COUNCIL MEMBER: None
COUNCIL MEMBER: Maryott
D2. REQUEST TO MODIFY FINAL TRACT MAP 17842 CONDITION OF APPROVAL
2.10 TO ELIMINATE THE REQUIREMENT FOR CONSTRUCTION OF A
1 00-FOOT RIGHT TURN LANE, APPROVED (420.40)
Steve May, Public Works and Utilities Director, provided a PowerPoint presentation
and responded to questions.
• Public Correspondence: Jim Adam, project applicant.
Mayor Ferguson opened the public hearing and invited public testimony. No
public testimony was received. Mayor Ferguson closed the Public Hearing.
Council Acti on: Moved by Mayor Ferguson, seconded Council Member Reeve, and
carried 4-0 with Council Member Maryott absent to approve the request to modify
the Final Tract Map 17842 Condition of Approval 2.10 to eliminate the requirement
for construction of a 1 00-foot right turn lane.
ROLL CALL :
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Reeve, Patterson, Farias and Mayor Ferguson
COUNCIL MEMBER: None
COUNCIL MEMBER: Maryott
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member
Patterson, and carried 4-0 with Council Member Maryott absent to approve consent
calendar items E1 through E3, E6, E9, E10, E11, E12, E13, and E15, as recommended
by staff.
E1 . MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2 . CITY COUNCIL MINUTES -SPECIAL MEETING OF JULY 18, 2017
(CLOSED SESSION), APPROVED
E3 . CiTY COUNCIL MINUTES -REGULAR MEETING OF JULY 18 , 2017,
APPROVED
E4 . CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS
DATED MAY 26, 2017, TO JUNE 8, 2017; JUNE 9, 2017, TO JUNE 22, 2017;
PAYROLL (CHECKS) DATED JUNE 2, 2017; PAYROLL (DIRECT DEPOSITS)
DATED JUNE 2, 2017; PAYROLL (CHECKS) DATED JUNE 8, 2017; PAYROLL
(CHECKS) DATED JUNE 16, 2017; PAYROLL (DIRECT DEPOSITS) DATED
JUNE 16, 2017; PAYROLL (CHECKS) DATED JUNE 30, 2017; AND, PAYROLL
(DIRECT DEPOSITS) DATED JUNE 30, 2017, RECEIVED AND FILED (300.30)
3 8/1/2017
Ken Al-lmam, Chief Financial Officer, and Ben Siegel, City Manager, responded
to questions.
Council Action: Moved by Council Member Reeve , seconded by
Mayor Ferguson, and carried 3-1-0 with Council Member Patterson opposed and
Council Member Maryott absent to receive and file the Check Register for
electronic transactions and checks dated May 26, 2017, to June 8, 2017;
June 9, 2017, to June 22, 2017; payroll (checks) dated June 2, 2017; payroll
(direct deposits) dated June 2, 2017; payroll (checks) dated June 8, 2017; payroll
(checks) dated June 16, 2017; payroll (direct deposits) dated June 16, 2017;
payroll (checks) dated June 30, 2017; and, payroll (direct deposits) dated
June 30 , 2017 .
ROLL CALL :
AYES:
NOES :
ABSENT:
COUNCIL MEMBER: Reeve, Farias and Mayor Ferguson
COUNCIL MEMBER: Patterson
COUNCIL MEMBER: Maryott
E5 . CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS
DATED JUNE 23, 2017, TO JULY 6, 2017; AND PAYROLL (CHECKS) DATED
JULY 14, 2017 ; AND PAYROLL (DIRECT DEPOSITS) DATED JULY 14 , 2017,
RECEIVED AND FILED (300.30)
Ken Al-lmam, Chief Financial Officer , and Ben Siegel, City Manager, responded
to questions .
Council Action: Moved by Council Member Reeve, seconded Mayor Ferguson,
and carried 3-1-0 with Council Member Patterson opposed and Council Member
Maryott absent to receive and file the Check Register for electronic transactions
and checks dated June 23, 2017 to July 6, 2017; and payroll (checks) dated
July 14, 2017; and payroll (direct deposits) dated July 14, 2017.
ROLL CALL:
AYES:
NOES :
ABSENT:
COUNCIL MEMBER: Reeve , Farias and Mayor Ferguson
COUNCIL MEMBER: Patterson
COUNCIL MEMBER: Maryott
E6 . CASH AND INVESTMENT REPORT FOR MONTH ENDED JUNE 30, 2017,
RECEIVED AND FILED (350.30)
E7 . CITY MANAGER DIRECTED TO TRANSMIT A TRANSITION COMPLETION
LETTER TO THE OAKS, LLC, CERTIFYING THE COMPLETION OF THE
LICENSE AGREEMENT TERMINATION AND TRANSITION PROCESS (600 .30)
Jacob Green, Assistant City Manager, provided a PowerPoint presentation and
responded to questions.
4 8/1/2017
Public Comments: Samantha Grant, Parks, Recreation, Youth and Senior
Services, Trails and Equestrian Commissioner; William Bonney, City resident;
Steve Behmerwohld, City resident; Thomas Perrin, Parks, Recreation , Youth and
Senior Services, Trails and Equestrian Commissioner ; Gail Zukow, Parks ,
Recreation, Youth and Senior Services, Trails and Equestrian Commissioner;
Renee Ritchie, Parks, Recreation, Youth and Senior Services, Trails
and Equestrian Commissioner; Kathy Hobstetter, City business owner; and,
Clint Worthington, City resident.
Council Action : Moved by Council Member Reeve, seconded by Council
Member Patterson, and carried 4-0 with Council Member Maryott absent to direct
the City Manager to transmit a transition completion letter to The Oaks, LLC ,
certifying the completion of the License Agreement termination and transition
process.
ROLL CALL :
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Reeve, Patterson , Farias and Mayor Ferguson
COUNCIL MEMBER: None
COUNCIL MEMBER: Maryott
E8 . DEL OBISPO OPTION FOR THE BIKEWAY DETOUR PLAN DURING THE
SAN JUAN CREEK BRIDGE REPLACEMENT CONSTRUCTION PROJECT,
APPROVED (930.50)
• Public Correspondence: Larry Kramer, City resident.
Steve May, Public Works and Utilities Director, provided an agenda report and
responded to questions
• Public Comments: Mike Mathewson, City resident; and, Gail Zukow, City
resident.
Co un cil Acti on : Moved by Council Member Reeve, seconded by Council Mayor
Pro Tern Farias, and carried 2-1-0 with Mayor Ferguson opposed and Council
Member Maryott and Council Member Patterson absent to approve the
Del Obispo option for the Bikeway Detour Plan during the San Juan Creek Bridge
Replacement Construction project.
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Reeve and Mayor ProTem Farias
COUNCIL MEMBER: Mayor Ferguson
COUNCIL MEMBER: Patterson and Maryott
5 8/1/2017
E9 . CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR ADDITIONAL
DESIGN SERVICES, TO INCREASE THE CONTRACT AMOUNT BY $2,280;
CITY MANAGER AUTHORIZED TO EXECUTE A CONSTRUCTION
CONTRACT WITH STL LANDSCAPE INC., IN THE AMOUNT OF $289 ,750,
FOR THE RECYCLED WATER SERVICE CONVERSIONS PROJECT;
ADJUSTMENT TO THE FISCAL YEAR 2017-2018 CAPITAL IMPROVEMENT
PROGRAM TO REDUCE FUNDING FOR THE NON-POTABLE WATER
PIPELINES PROJECT (CIP 16602) BY $54,300 (FROM $130,000 TO $75,000);
AND, APPROPRIATION TO FISCAL YEAR 2017-2018 CAPITAL
IMPROVEMENT PROGRAM TO INCREASE FUNDING FOR THE RECYCLED
WATER SERVICE CONVERSION PROJECT (CIP 16601) BY $54,300 (FROM
$266,700 TO $321,000), APPROVED (600 .30)
E10. EMERGENCY PURCHASE AUTHORIZED IN THE AMOUNT OF $3,421 WITH
INDUSTRIAL POWER & AUTOMATION FOR SAN JUAN BASIN AUTHORITY
#4 GROUNDWATER WELL ELECTRICAL EQUIPMENT REPLACEMENT,
RATIFIED (600.30)
E11 . CITY MANAGER AUTHORIZED TO EXECUTE A CONSTRUCTION
CONTRACT WITH THARSOS, INC. IN THE AMOUNT OF $390 ,000, FOR THE
CAPISTRANO ROYALE FIRE FLOW PUMP PROJECT (CIP 17804); AND ,
APPROPRIATION OF $150,000 FROM THE WATER CAPITAL IMPROVEMENT
FUND TO INCREASE THE TOTAL BUDGET FORM THE PROJECT TO
$520,000, APPROVED (600.30)
E12. AUTHORIZATION TO SUBMIT AN ADDENDUM 3B TO THE WATER
CONSERVATION PARTICIPATION AGREEMENT WITH THE MUNICIPAL
WATER DISTRICT OF ORANGE COUNTY (MWDOC) TO DISCONTINUE
PARTICIPATION IN THE MWDOC TURF REMOVAL REBATE PROGRAM,
APPROVED; AND, CITY MANAGER AUTHORIZED TO EXECUTE
AMENDMENT NO. 1 TO THE WATER CONSERVATION PARTICIPATION
AGREEMENT WITH MWDOC REVISING PROVISIONS FOR THE WATER
CONSERVATION PROGRAMS (1050.10)
E13 . CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE
PERSONAL SERVICES AGREEMENT WITH EUROFINS EATON
ANALYTICAL, INC., EXTENDING THE AGREEMENT FOR ONE YEAR FOR
WATER SAMPLE COLLECTION AND LABORATORY TESTING SERVICES,
FOR AN AMOUNT NOT TO EXCEED $185,110 (600 .30)
E14 . CITY MANAGER AUTHORIZED TO EXECUTE AN EXCLUSIVE NEGOTIATION
AGREEMENT (ENA) WITH GANAHL LUMBER COMPANY FOR THE
DEVELOPMENT OF THE LOWER ROSAN RANCH PROPERTY (600 .30)
• Public Correspondence: Warren Watkins, City resident.
Charlie View, Project Manager, provided a PowerPoint presentation and
responded to questions.
6 8/1/2017
• Public Comments: Steve Behmerwohld, City resident; and, Jerry Williams,
San Juan Mobile Estates Homeowners Association President.
Council Action: Moved by Council Member Reeve, seconded by Mayor
Ferguson and carried 3-0 with Council Member Maryott and Council Member
Patterson absent to authorize the City Manager to execute an Exclusive
Negotiation Agreement (ENA) with Ganahl Lumber Company for the Lower
Rosan Ranch Property.
ROLL CALL:
AYES :
NOES:
ABSENT :
COUNCIL MEMBER: Reeve, Farias and Mayor Ferguson
COUNCIL MEMBER: None
COUNCIL MEMBER: Maryott and Patterson
E15 . CITY MANAGER AUTHORIZED TO EXECUTE AN EASEMENT DEED
GRANTING ORANGE COUNTY FLOOD CONTROL DISTRICT A NON-
EXCLUSIVE, PERPETUAL AND ASSIGNABLE RIGHT, POWER, PRIVILEGE
AND EASEMENT RIGHT-OF-WAY FOR FLOOD CONTROL AND WATER
CONSERVATION PURPOSES IN, ON, UNDER, OVER, AND ACROSS A
PORTION OF THE REAL PROPERTY KNOWN AS LOWER ROSAN RANCH ;
AND, CITY MANAGER AUTHORIZED TO NEGOTIATE AND EXECUTE AN
AGREEMENT WITH AMES CONSTRUCTION TO USE A PORTION OF THE
LOWER ROSAN RANCH PROPERTY FOR TEMPORARY CONSTRUCTION
STAGING FACILITY BASED ON THE FAIR MARKET VALUE OF THE
PORTION OF THE PROPERTY TO BE UTILIZED FOR DURATION OF THE
COUNTY PROJECT (670.50)
ADMINISTRATIVE ITEMS:
F1. PUBLIC WORKS
a . OPTION 1 SELECTED RETAINING THE VERDUGO STREET
BEAUTIFICATION PROJECT BUDGET; STAFF DIRECTED TO WORK WITH
THE PRIOR DESIGNER TO CREATE TWO CONCEPTUAL DESIGN OPTIONS
FOR VERDUGO STREET SIMILAR TO THE 2007 AND 2014 CONCEPTS;
STAFF ENCOURAGED TO WORK WITH NEIGHBORING PROPERTY
OWNERS DURING PROCESS; CONDUCT A PUBLIC FORUM; AND, BRING
BACK TO THE CITY COUNCIL FOR FINAL DECISION (820.20)
• Public Correspondence: Ed and Edie Ryan, City residents; and
Steve Nordeck, City business owner.
Tom Toman, Assistant Public Works Director, provided a PowerPoint
Presentation and responded to questions. Ben Siegel, City Manager, and,
Steve May, Public Works and Utilities Director, responded to questions.
7 8/1/2017
• Public Comments: Trevor Baird, City business owner; Mechelle Lawrence
Adams, Executive Director Mission San Juan Capistrano; Barbara Mobrici,
spoke on behalf of Alberto Mobrici, City business owner; Joe Campbell, City
bus iness owner ; Eric Altman, City business owner ; Rob Quest, City business
owner; Steve Behmerwohld , City resident; and, Monica Mukai, City resident
and business owner.
Cou ncil Act ion: Moved by Council Member Reeve, seconded
by Mayor Pro Tem Farias, and carried 3-0 with Council Member Maryott and
Council Member Patterson absent to select Option 1 (Retain the fund balance of
$1.94 million in the Verdugo Street Beautification Project budget); direct staff to
work with the prior designer to create two conceptual design options for Verdugo
Street similar to the 2007 and 2014 concepts; encourage staff to work with
neighboring property owners during process; conduct a public forum; and, bring
back to the City Council for final decision .
ROLL CALL:
AYES:
NOES:
ABSENT :
COUNCIL MEMBER: Reeve , Farias and Mayor Ferguson
COUNCIL MEMBER: None
COUNCIL MEMBER: Maryott and Patterson
F2 . DEV EL OPMENT SERVIC ES
a . CONSIDERATION OF RECOMMENDATION FROM THE CULTURAL
HERITAGE COMMISSION TO PROVIDE A LETTER SUPPORTING A
PROPOSED CULTURAL AND NATURAL HISTORY MUSEUM AT THE GREAT
PARK-NO ACTION TAKEN (920.10)
• Public Correspondence: William Bonney, City resident; and Patricia Martz,
California Cultural Resources Preservation Alliance .
Rhonda DeHaan, Cultural Heritage Commissioner provided the views of the
Cultural Heritage Commission; and Mechelle Lawrence Adams, Cultural Heritage
Commission Chair provided the dissenting view.
• Public Comments: William Bonney, City resident; Virginia Bickford, California
Cultural Resources Preservation Alliance (provided a PowerPoint
presentation); and, Jane Olinger, California Cultural Resources Preservation
Alliance.
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)
8 8/1/2017
COUNCIL ACTION ITEMS :
11 . STAFF DIRECTED TO RETAIN STREET SIGNS, AS MANY AS ALLOWED,
FROM HISTORIC STREETS FOR FUTURE DONATION TO LOCAL NON-
PROFIT ORGANIZATIONS ONCE THE CITY HAS REPLACED THE EXISTING
STREET SIGNS AS PART OF ITS CAPITAL IMPROVEMENT PROJECT TO
ENSURE COMPLIANCE WITH NEW FEDERAL STANDARDS; AND DIRECT
THE YOUTH ADVISORY BOARD TO HANDLE THE DONATION SELECTION
PROCESS (150.1 0)
Mayor ProTem Farias provided a report.
Council Action: Moved by Mayor Ferguson, seconded by Mayor ProTem Farias,
and carried 3-0 with Council Member Maryott and Council Member Patterson
absent to direct staff to retain (as many as allowed) street signs from historic
streets for future donation to local non-profit organizations once the City has
replaced the existing street signs as part of its capital improvement project to
ensure compliance with new federal standards; and, direct the Youth Advisory
Board to handle the donation selection process.
ROLL CALL:
AYES:
NOES:
ABSENT :
ADJOURNMENT :
COUNCIL MEMBER: Reeve, Farias and Mayor Ferguson
COUNCIL MEMBER: None
COUNCIL MEMBER: Maryott and Patterson
There being no further business Mayor Ferguson adjourned the meeting at 8:52 p.m. to
Tuesday, August 15, 2017, at 4:00p.m. for Closed Session, and 5:00p.m. for the public
Business Session, in the City Council Chamber.
Approved: August 15, 2017
9 8/1/2017