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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." 2 8/1/2017 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