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17-0815_CC_Minutes_Regular MeetingMINUTES August 15, 2017 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING 1 BUSINESS SESSION: Mayor Ferguson called the Regular Meeting of August 15, 2017, of the City Council of the City of San Juan Capistrano to order at 5:19 p.m. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. Council member Maryott led the Pledge of Allegiance and Mayor Pro Tem Farias 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 Tem Sergio Farias, and Council Members Derek Reeve, Pam Patterson, Esq., and Brian L. Maryott. 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 COUNCIL REPORTS: • Council Member Patterson reported on the following: attending the Orange County Vector Control Meeting. • Mayor Pro Tem Farias reported on the following: attending performance by the non-profit group Unidos. • Mayor Ferguson reported on the following: attending a Riding Park Meeting and tour of facility; Orange County League of Cities Meeting; and provided a report on the City's Summer Trolley ridership. INTRODUCTIONS AND PRESENTATIONS: B1. MAYOR PRO TEM FARIAS INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Gerald Muir, Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission and Youth Advisory Board; and, Tom Perrin, Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission. ORAL COMMUNICATIONS: • Public Comments: Yoshimi Zemba, City resident; Kathy Hobstetter, City business owner; Angela Duzich, City resident; Kathy Sandhaus, City resident; Jeff Vasquez, City resident (provided a video presentation); David Swerdlin, City resident (provided handout); Shere Ito, City resident; Monique Rea, City resident (provided a video presentation); Mike Mathewson, City resident; Michael Laux, City resident; and Steve Behmerwohld, City resident. PUBLIC HEARINGS. i D1. INTRODUCTION AND FIRST READING OF AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING FINDINGS AND MUNICIPAL CODE AMENDMENTS, ADOPTING LAND USE CODE AMENDMENT (CA) 17-004, AND AMENDING SECTIONS 9-3.101(a), 9-3.301(a), 9-3.301(b) AND 9-3.301 (c) OF TITLE 9 (LAND USE CODE) OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE, ESTABLISHING A SENIOR MOBILEHOME PARK OVERLAY DISTRICT," APPROVED (430.10) Public Correspondence: Roy and Sandy Taylor, City residents; Allison Smith, City resident; Linda Cameron, City resident; Patricia Nigg, City resident; Paul Meyers, City resident; Samantha Hammer, City resident; Vickie Talley, Manufactured Housing Educational Trust; Julie Paule, Western Manufactured Housing Communities Association; William Maxson, City resident; and petition submitted by the residents of Capistrano Velley Mobile Estates. Laura Stokes, Housing Coordinator/Assistant Planner, provided a PowerPoint presentation and responded to questions. Jeff Ballinger, City Attorney, responded to questions. • Marc Franz, Planning Commissioner provided the views of the Planning Commission. Mayor Ferguson opened the public hearing and invited public testimony. • Public Testimony: Deirdre Hurd, City resident; Luci Trette, City resident; Matt Gaffney, City resident; Joseph Stark, City resident; Julie Paule, Western Manufactured Housing Communities Association; Howard Newman, City resident; Bill McCulloch, City resident; David Ott, City resident (submitted petition); Kathy Epeneter and Mike Epeneter, City residents (did not speak, but instead registered position for the record); and, Patricia Nigg, City resident. Mayor Ferguson closed the public hearing. Maria Morris, City Clerk, read the title of the ordinance. Council Action: Moved by Council Member Reeve, seconded by Mayor Pro Tem Farias, and carried unanimously to approve the introduction and first reading of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING FINDINGS AND MUNICIPAL CODE AMENDMENTS, ADOPTING LAND USE CODE AMENDMENT (CA) 17- 004, AND AMENDING SECTIONS 9-3.101(a), 9-3.301(a), 9-3.301(b) AND 9-3.301 (c) OF TITLE 9 (LAND USE CODE) OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE, ESTABLISHING A SENIOR MOBILEHOME PARK OVERLAY DISTRICT." 2 8/15/2017 D2. RESOLUTION NO. 17-08-15-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, VACATING EXCESS RIGHT OF WAY LOCATED AT 32151, 32221, AND 32351 DEL OBISPO STREET, EXCEPTING AND RESERVING EASEMENTS AND RIGHTS FOR EXISTING PUBLIC UTILITY FACILITIES (820.40) Steve May, Public Works and Utilities Director, provided a Power Point Presentation and responded to questions. George Alvarez, City Engineer, responded to questions. Mayor Ferguson opened the public hearing and invited public testimony. • Public Testimony: Bob Morey, City resident. Mayor Ferguson closed the Public Hearing. Council Action: Moved by Council Member Reeve, seconded by Council Member Maryott, and carried 4-1 with Council Member Patterson opposed to adopt RESOLUTION NO. 17-08-15-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, VACATING EXCESS RIGHT OF WAY LOCATED AT 32151, 32221, AND 32351 DEL OBISPO STREET, EXCEPTING AND RESERVING EASEMENTS AND RIGHTS FOR EXISTING PUBLIC UTILITY FACILITIES." ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: Patterson ABSENT: COUNCIL MEMBER: None CONSENT CALENDAR: Council Action: Moved by Council Member Reeve, seconded by Mayor Pro Tem Farias, and carried unanimously to approve consent calendar items E1 through E6, 8, 9 and 10, as recommended by staff, with Council Member Patterson opposed to consent calendar items E4 and E9. E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF AUGUST 1, 2017 (CLOSED SESSION), APPROVED E3. CITY COUNCIL MINUTES — REGULAR MEETING OF AUGUST 1, 2017, APPROVED E4. CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS j DATED JULY 7, 2017, TO JULY 17, 2017; PAYROLL (CHECKS) DATED JULY 28, 2017; AND, PAYROLL (DIRECT DEPOSITS) DATED JULY 28, 2017 (300.30) 3 8/15/2017 ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: Patterson ABSENT: COUNCIL MEMBER: None E5. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.10) E6. CLAIM OF NICOLLETTE TOMSETH DENIED BASED ON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) E7. SUPPORT OF CALTRANS EFFORTS TO WIDEN ORTEGA HIGHWAY; AND CITY MANAGER AUTHORIZED TO SUBMIT TO THE PRESIDING JUDGE OF THE ORANGE COUNTY SUPERIOR COURT THE CITY'S LETTER RESPONSE TO THE 2016-2017 GRAND JURY REPORT ON THE ORTEGA HIGHWAY PROJECT TITLED "ORTEGA HIGHWAY: UNNECESSARY DELAYS HAVE COST US MILLIONS" (800.20) Ben Siegel, City Manager, provided an agenda report and responded to questions. • Public Comments: Steve Behmerwohld, City resident; and, Matt Gaffney, City resident. 1 s' Council Action: Moved by Council Member Reeve, seconded by Mayor Pro Tem Farias, and carried 4-1 with Council Member Patterson opposed to support Caltrans efforts to widen Ortega Highway according to the lower Ortega Highway Project and, within the letter of support, express the importance of including the City of San Juan Capistrano in the design process provided in the stipulated judgement and request their cooperation as they move forward. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: Patterson ABSENT: COUNCIL MEMBER: None 2nd Council Action: Moved by Mayor Pro Tem Farias, seconded by Council Member Reeve, and carried unanimously to authorize the City Manager to submit to the presiding Judge of the Orange County Superior Court the City's letter response to the 2016-2017 Grand Jury report on the Ortega Highway Project titled "Ortega Highway: Unnecessary Delays Have Cost Us Millions." E8. CITY MANAGER AUTHORIZED TO EXECUTE AN AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC., FOR PLANKING DEVELOPMENT MANAGEMENT SERVICES, EXTENDING THE TERM TO JUNE 30, 2018, AND INCREASING THE NOT -TO -EXCEED COMPENSATION AMOUNT TO $480,000 (600.30) 4 8/15/2017 r. 1� E9. CITY MANAGER AUTHORIZED TO EXECUTE AGREEMENTS FOR ACQUISITION OF REAL PROPERTY FROM ADJACENT PROPERTY OWNERS AT 32221 AND 32151 DEL OBISPO STREET AND AT 26112 CALLE U COBBLESTONE; AND, CITY MANAGER AUTHORIZED TO SIGN THE CERTIFICATES OF ACCEPTANCE OF GRANTS OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS (600.30.1650.20) ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: Patterson ABSENT: COUNCIL MEMBER: None E10. RESOLUTION NO. 17-08-15-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, DECLARING WORK COMPLETED AS TO PLANS AND SPECIFICATIONS FOR 1-5 AND ORTEGA HIGHWAY INTERCHANGE PIPELINE RELOCATION PROJECT (CHARLES KING COMPANY, INC.) (CIP 11805);" CITY MANAGER AUTHORIZED TO EXECUTE THE THIRD AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND CHARLES KING COMPANY, INC. FOR AN ADDITIONAL AMOUNT OF $30,724; AND, CITY CLERK DIRECTED TO RELEASE THE PAYMENT BOND 45 DAYS AFTER RECORDATION OF THE NOTICE OF COMPLETION, AND TO RELEASE THE PERFORMANCE BOND ONE YEAR AFTER THE DATE OF COMPLETION (600.30) ADMINISTRATIVE ITEMS: F1. CITY CLERK a. MAYOR PRO TEM FARIAS APPOINTED AS VOTING DELEGATE, AND MAYOR FERGUSON APPOINTED AS ALTERNATE VOTING DELEGATE TO REPRESENT THE CITY AT THE 2017 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE; AND VOTING DELEGATE DIRECTED TO VOTE IN SUPPORT OF THE PROPOSED LEAGUE'S POLICY RESOLUTIONS (140.20) Maria Morris, City Clerk, provided an agenda report. Council Action: Moved by Council Member Reeve, seconded by Mayor Pro Tem Farias, and, carried unanimously to appoint Mayor Pro Tem Farias as voting delegate, and appoint Mayor Ferguson as alternate voting delegate to represent the City at the 2017 League of California Cities Annual Conference; and, to direct the voting delegate to vote in support of the proposed League's Policy Resolutions. 5 8/15/2017 F2. CITY MANAGER a. STAFF DIRECTED TO PREPARE A REQUEST FOR PROPOSAL FOR THE CITY -OWNED NORTHWEST OPEN SPACE PROPERTY THAT WOULD INCLUDE ALL THE OPEN SPACE POSSIBILITIES AND BRING BACK TO THE CITY COUNCIL IN NOVEMBER/DECEMBER 2017 (920.10) Charlie View, Project Manager, provided a PowerPoint presentation and responded to questions. Ben Siegel, City Manager, responded to questions. Public Comments: Steve Behmerwohld, City resident; Jim Adam, City resident; Kathy Hobstetter, City business owner; Matt Gaffney, City resident. Council Action: Moved by Mayor Ferguson, seconded by Council Member Reeve, and, carried 4-1 with Council Member Maryott opposed to direct staff to prepare a Request for Proposal for the City -owned Northwest Open Space Property that would include all the open space possibilities and bring back to the City Council in November/December 2017. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Patterson, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: Maryott ABSENT: COUNCIL MEMBER: None SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) COUNCIL ACTION ITEMS: H1. MAYOR AUTHORIZED TO EXECUTE A LETTER OF SUPPORT TO REINSTATE THE "OPERATIONAL AREA FIRE/LAW MEMORANDUM OF UNDERSTANDING" (MOU) AND THE "ORANGE COUNTY AVIATION OPERATING PLAN" (OPERATING PLAN) APPROVED ON MARCH 15, 2016, BY THE ORANGE COUNTY BOARD OF SUPERVISORS — PERTAINING TO THE ORANGE COUNTY FIRE AUTHORITY AND ORANGE COUNTY SHERIFF'S DEPARTMENT AIR OPERATIONS (660.30) Mayor Pro Tem Farias provided a report. Council Action: Moved by Mayor Ferguson, seconded by Mayor Pro Tem Farias, and carried 4-1 with Council Member Reeve abstained to authorize the Mayor to execute a letter of support to reinstate the "Operational Area Fire/Law Memorandum of Understanding" (MOU) and the "Orange County Aviation Operating Plan" (Operating Plan) approved on March 15, 2016, by the Orange County Board of Supervisors — pertaining to the Orange County Fire Authority and Orange County Sheriff's Department air operations. 6 8/15/2017 ROLL CALL: AYES: COUNCIL MEMBER: Patterson, Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: None r ABSENT: COUNCIL MEMBER: None LJ ABSTAINED: COUNCIL MEMBER: Reeve H2. CONSIDERATION OF RAISING THE TRANSIENT OCCUPANCY TAX (390.50) — ITEM DISCUSSED AND LATER WITHDRAWN Mayor Ferguson provided a report. Ben Siegel, City Manager and Jeff Ballinger, City Attorney, responded to questions. • Public Comments: Steve Behmerwohld, City resident; and Richard Tombs, City resident. H3. CONSIDERATION OF INCREASING DOWNTOWN PARKING BY RE - STRIPING PARKING ALONG THE FRONTAGE OF THE MISSION SAN JUAN CAPISTRANO ON ORTEGA HIGHWAY FROM PARALLEL CONFIGURATION TO DIAGONAL CONFIGURATION (820.30) — ITEM DISCUSSED AND LATER WITHDRAWN Mayor Ferguson provided a report. Ben Siegel, City Manager, responded to questions. H4. CONSIDERATION OF A LETTER EXPRESSING OPPOSITION TO JSUPERVISOR LISA BARTLETT'S "STATEMENT OF CORE PRINCIPLES" REGARDING MOBILITY IN SOUTH ORANGE COUNTY (660.30) — ITEM DISCUSSED AND LATER WITHDRAWN Mayor Ferguson provided a report. H5. STAFF DIRECTED TO EXPLORE OPTIONS TO ADDRESS THE LONGSTANDING PARKING AND CIRCULATION ISSUES ON CAMINO LACOUAGUE RELATED TO STUDENT PICK-UP AND DROP-OFF AND RETURN WITH OPTIONS FOR CITY COUNCIL CONSIDERATION (570.20) Council Member Maryott provided a report. Ben Siegel, City Manager, Jeff Ballinger, City Attorney and Steve May, Public Works and Utilities Director, responded to questions. Council Action: Moved by Council Member Maryott, seconded by Council Member Patterson, and carded unanimously to direct staff to explore options to address the longstanding parking and circulation issues on Camino Lacouague related to student pick-up and drop-off and return with options for City Council consideration. 7 8/15/2017 ADJOURNMENT: There being no further business Mayor Ferguson adjourned the meeting at 9:05 p.m. to Tues • y, Se ember 5, 2017, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the pubj c/Busins Session, in the City Council Chamber. submitted, Approved: September 5, At L4�"A&W,-ZA4—� 8/15/2017