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.
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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."
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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)
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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)
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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.
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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.
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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.
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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