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17-0905_CC_Minutes_Regular MeetingMINUTES September 5, 2017 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Ferguson called the Regular Meeting of September 5, 2017, of the City Council of the City of San Juan Capistrano to order at 5:31 p.m. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. Mayor Ferguson led the Pledge of Allegiance and Council Member Maryott 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, Pam Patterson, Esq., and Council Member 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 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 Patterson reported on the following: attending the Orange County Vector Control Meeting. • Council Member Maryott reported on the following: attending the Transportation Corridors Agencies Meeting; and, Youth Advisory Board Meeting. • Mayor Ferguson reported on the following : attending a Birthday Party Celebration for Father James Nieblas; Summer Nites Concert; Nixon Library Tour; Capistrano Unified School District Mayors' Roundtable Meeting; Association of California Cities Legislative and Regulatory Committee Meeting; Meeting with Orange County Supervisor Lisa Barlett; Bias Aguilar Adobe Grand Opening; Sober Living Task Force Meeting; and, provided a report on the City 's Summer Trolley ridership. INTRODUCTIONS AND PRESENTATIONS: B1. MAYOR PROTEM FARIAS INTRODUCED THE FOLLOWING INDIVIDUALS IN ATIENDANCE: Gerald Muir, Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission and Youth Advisory Board; Sandi Weaver and Tom Perrin, Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission; and, Morton Smith, former Transportation Commissioner. 1 B2. SEPTEMBER 17-23,2017, PROCLAIMED AS US CONSTITUTION WEEK B3. SEPTEMBER 2017 PROCLAIMED AS WORLD ALZHEIMER'S AWARENESS MONTH ORAL COMMUNICATIONS: • Public Comments: Kathy Sandhaus, City resident (presented a video); Shelly Welcome, City resident (presented a video); Mary Ghassemi, City resident; Peter Ghassemi, City resident; Kathy Hobstetter, City business owner; Alejandra Vaca , CHEC Family Resource Center (provided handout); Jeff Vasquez, City resident; Sheree Ito, City resident; and, Yoshimi Zemba, City resident. PUBLIC HEARINGS: None. CONSENT CALENDAR: Co un cil Act ion: Moved by Council Member Reeve, seconded by Mayor Pro Tern Farias, and carried unanimously to approve consent calendar items E1 through E15, E17 and E18, as recommended by staff with Council Member Patterson opposed to consent calendar items E4, E10, E11, E12, E15, and E18. E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. E2. CITY COUNCIL MINUTES -SPECIAL MEETING OF AUGUST 15, 2017 (CLOSED SESSION), APPROVED E3. CITY COUNCIL MINUTES -REGULAR MEETING OF AUGUST 15, 2017, APPROVED E4 . CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED JULY 21, 2017, TO AUGUST 3, 2017; AND AUGUST 4, 2017, TO AUGUST 17, 2017; PAYROLL (CHECK) DATED AUGUST 11, 2017; AND PAYROLL (DIRECT DEPOSITS) DATED AUGUST 11, 2017, RECEIVED AND FILED (300.30) ROLL CALL: AYES: NOES : ABSENT: COUNCIL MEMBER: Reeve, Maryott , Farias and Mayor Ferguson COUNCIL MEMBER: Patterson COUNCIL MEMBER: None E5 . CASH AND INVESTMENT REPORT FOR MONTH ENDED JULY 31, 2017, RECEIVED AND FILED (350 .30) E6. ORDINANCE 1049 ADOPTED 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" (430.10) 2 9/5/2017 E7 . CITY MANAGER AUTHORIZED TO EXECUTE A THIRD AMENDMENT TO THE SERVICE AGREEMENT WITH GRANICUS, INC., EXTENDING THE TERM TO DECEMBER 6, 2017, FOR MONTHLY MANAGED WEBCASTING MEDIA SOLUTION SERVICES (600.30) E8. CITY MANAGER AUTHORIZED TO EXECUTE A FOUR-YEAR PROFESSIONAL SERVICES AGREEMENT WITH ALLIANT INSURANCE SERVICES, INC., IN THE AMOUNT OF $66,000, FOR EMPLOYEE HEALTH BENEFITS INSURANCE BROKER SERVICES FROM OCTOBER 1, 2017, THROUGH SEPTEMBER 30, 2021 (600.30) E9 . CITY MANAGER AUTHORIZED TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MISSION VIEJO AND THE ORANGE COUNTY SHERIFF'S DEPARTMENT CONTRACT CITIES FOR THE ORANGE COUNTY SHERIFF'S DEPARTMENT CONTRACT LAW ENFORCEMENT COST AND EFFICIENCY STUDY; AND, APPROPRIATION OF FUNDS FROM GENERAL FUND RESERVES FOR THE CONTRACT LAW ENFORCEMENT COST AND EFFICIENCY STUDY IN THE AMOUNT OF $16,878, APPROVED (600.30) E10. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR INFORMATION TECHNOLOGY MANAGEMENT SERVICES WITH INTERWEST CONSULTING GROUP, FOR A FIXED AMOUNT OF $241,000 PER YEAR, FOR FIVE YEARS (600.30) ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson COUNCIL MEMBER: Patterson COUNCIL MEMBER: None E11 COMPETITIVE FORMAL BIDDING REQUIREMENTS WAIVED FOR EQUIPMENT, PURSUANT TO THE CITY OF SAN JUAN CAPISTRANO MUNICIPAL CODE SECTION 3-4.310 (B) FOR THE CITY'S RADIO EQUIPMENT RELATED TO THE ORANGE COUNTY 800 MEGAHERTZ CCCS NEXT GENERATION PROJECT BASED ON ONLY ONE VENDOR THAT CAN PROVIDE THE NECESSARY EQUIPMENT; ALLOCATION OF "NEXT-GEN" 800 MHZ SUSTAINABILITY FUNDS IN THE AMOUNT OF $25,545 FOR THE HOT-RED ENCRYPTION UPGRADE AND THE "TRUE- UP" OF EXISTING RADIOS, WITH THE BALANCE OF FUNDS IN THE AMOUNT OF $1,306 ALLOCATED FROM THE EXISTING PUBLIC SAFETY BUDGET, APPROVED; AND, CITY MANAGER AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS TO COMPLETE THE PURCHASE (370.30) ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson COUNCIL MEMBER: Patterson COUNCIL MEMBER: None 3 9/5/2017 E12. CITY MANAGER AUTHORIZED TO EXECUTE A TVVO-YEAR PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES IN AN AMOUNT NOT TO EXCEED $56,644 FOR FATS, OILS, AND GREASE, AND FOOD SERVICE ESTABLISHMENT NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM INSPECTION SERVICES; CITY MANAGER AUTHORIZED TO APPROVE TVVO, ONE-YEAR CONTRACT EXTENSIONS FOR AMOUNTS NOT TO EXCEED $28,322 PER YEAR; AND, APPROPRIATION OF $10,000 FROM THE SEWER FUND TO SUPPLEMENT THE ADOPTED FISCAL YEAR 2017-2018 SEWER OPERATING BUDGET FOR THE FATS, OILS, AND GREASE, AND FOOD SERVICE ESTABLISHMENT NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM INSPECTION PROGRAM, APPROVED (600.30) ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson COUNCIL MEMBER: Patterson COUNCIL MEMBER: None E13. CITY MANAGER AUTHORIZED TO EXECUTE A MAINTENANCE SERVICES AGREEMENT WITH ORANGE COUNTY STRIPING SERVICE, INC. TO PROVIDE PAVEMENT MARKING MAINTENANCE SERVICES CITYWIDE FOR A FOUR-YEAR AND EIGHT MONTH PERIOD COMMENCING ON NOVEMBER 1, 2017, AND ENDING JUNE 30, 2022, FOR AN ANNUAL AMOUNT NOT TO EXCEED THE AMOUNT OF AVAILABLE FUNDING IN THE ANNUAL OPERATIONS AND CAPITAL IMPROVEMENT BUDGETS (600.30) E14. CITY MANAGER AUTHORIZED TO EXECUTE A CONTRACT FOR THE CITYWIDE STREET NAME SIGN REPLACEMENT PROJECT (CIP 11101) TO THE LOWEST RESPONSIVE BIDDER, SIEMENS INDUSTRY, INC., IN THE AMOUNT OF $195,898; CITY MANAGER AUTHORIZED TO APPROVE CHANGE ORDERS FOR THE PROJECT UP TO AN AMOUNT NOT TO EXCEED 10% OF THE APPROVED CONTRACT AMOUNT; AND, EXPENDITURE OF COST SAVINGS IN THE AMOUNT OF $5,000 FROM THE CITYWIDE STREET NAME SIGN REPLACEMENT PROJECT (CIP 11101) FOR THE FABRICATION AND INSTALLATION OF A REPLACEMENT MUNICIPAL OFFICES SIGN AT THE CORNER OF PASEO ADELANTO AND DEL OBISPO STREET, AUTHORIZED (600.30) 4 9/5/2017 E15. FOLLOWING CAPITAL IMPROVEMENT PROJECTS UNFUNDED, AND FUNDS RETURNED TO THE SYSTEMS DEVELOPMENT FUND: CAMINO CAPISTRANO STORM DRAIN BETWEEN SAN JUAN CREEK ROAD AND ORTEGA HIGHWAY (CIP 15501); CALLE ARROYO AND SUNDANCE DRIVE DRAINAGE IMPROVEMENTS (CIP 15503); LA NOVIA AND LA RONDA DRAINAGE IMPROVEMENTS (CIP 15505) TO AUGMENT FUNDING FOR THE CAMINO CAPISTRANO STORMWATER TREATMENT PROJECT (CIP 12502); AND THE DEL OBISPO STREET STORMWATER TREATMENT PROJECT (CIP 16502); $170,000 APPROPRIATED FROM THE SYSTEMS DEVELOPMENT FUND FOR THE CAMINO CAPISTRANO STORMWATER TREATMENT PROJECT (CIP 12502); AND, $77,000 APPROPRIATED FROM THE SYSTEMS DEVELOPMENT FUND FOR THE DEL OBISPO STREET STORMWATER TREATMENT PROJECT (CIP 16502) (800.70/330.40) ROLL CALL: AYES : NOES: ABSENT : COUNCIL MEMBER: Reeve , Maryott, Farias and Mayor Ferguson COUNCIL MEMBER: Patterson COUNCIL MEMBER: None E16 . FORSTER STREET SIDEWALK PROJECT (CIP 16106), CANCELLED, AND RELEASE OF THE PROJECT FUNDING FOR FUTURE APPROPRIATION, APPROVED (820.20) Steve May, Public Works and Utilities Director provided a PowerPoint presentation. Council Action : Moved by Council Member Reeve, seconded by Mayor Pro tern Farias, and carried 3-2 with Council Member Patterson and Mayor Ferguson opposed to cancel the Forster Street Sidewalk Project (CIP 16106) and release the Project funding for future appropriation. ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER: Reeve, Maryott and Mayor Pro Tern Farias COUNCIL MEMBER: Patterson and Mayor Ferguson COUNCIL MEMBER: None E17. NOTICE OF ISSUANCE OF THE ACCOMPANYING PEREMPTORY WRIT OF MANDATE REGARDING THE JANUARY 20, 2015, ADOPTION OF RESOLUTION NO. 15-01-20-02, PURPORTEDLY REPEALING RESOLUTION NO. 14-11-18-10 (URBAN VILLAGE PROJECT), RECEIVED AND FILED (640.30) E18. CITY COUNCIL POLICY ON MEMORIAL DONATION, APPROVED (610.30) ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER: Reeve, Maryott and Mayor Pro Tern Farias COUNCIL MEMBER: Patterson and Mayor Ferguson COUNCIL MEMBER: None 5 9/5/2017 ADMINISTRATIVE ITEMS: F1. PUBLIC WORKS a. PRESENTATION FROM STAFF ON EXISTING CONDITIONS AND POTENTIAL PARKING AND PEDESTRIAN CONTROL MEASURES ON CAMINO LACOUAGUE, SAN JUAN CREEK ROAD, AND AT SAN JUAN CREEK NEIGHBORHOOD PARK, RECEIVED AND FILED; OPTION #1 APPROVED, THEREBY MAINTAINING THE STATUS QUO PARKING RESTRICTIONS ON CAMINO LACOUAGUE; RESOLUTION 17-09-05-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING TWO-HOUR TIME LIMIT PARKING FROM 7:00AM-4:00PM MONDAY-FRIDAY SCHOOL DAYS FOR FIVE PARKING SPACES IN THE SAN JUAN CREEK NEIGHBORHOOD PARK PARKING LOT'; STAFF DIRECTED TO CONSIDER ADDITIONAL OPTIONS FOR PARKING AND PEDESTRIAN CONTROL ON CAMINO LACOUAGUE AND SAN JUAN CREEK ROAD, INCLUDING THE FEASIBILITY OF EXPANDING THE PICK-UP/DROP-OFF ZONE, A POTENTIAL SIDEWALK ALONG CAMINO LACOUAGUE, AND A POTENTIAL CROSSWALK AT THE SAN JUAN CREEK ROAD/CAMINO LACOUAGUE INTERSECTION; AND, BRING BACK UNDER CLOSED SESSION AT THE SEPTEMBER 19, 2017, MEETING, UNDER POTENTIAL LITIGATION (570.60) • Public Correspondence: Public Correspondence: Chau Hsieh, no residence provided; Carrie Weeks , City resident; Wayne Schrimp, no residence provided; Hessam Boroumand, no residence provided; DeeDeeJo Perlas, City resident; Coleen Bryan, City resident; Lisa Baker, no residence provided; Kimberly Wickstrom, City resident; Laura White, City resident; Jill Donello, no residence provided; Kimberly Dade, City resident; Shelly Welcome, City resident; Rachel Beauchene, Ladera Ranch; Catherine Jooyan, City Resident; Christie Wood, no residence provided; Elizabeth Robertson, City resident; Jamie Musselman, City resident; Darcy Patch, City resident; Bobbie Libman, City resident; Erin Kutnik Beyer, City resident; David Satossky, no residence provided; Brent Doble, City resident; Milo and Sandie Weaver, City residents; Jami Countryman, City resident; Georgeann Elliot, no residence provided; Charlotte Smith, no residence provided; Michelle Mcmillan, no residence provided; Sarah Goodfellow, no residence provided; Matt and Susie Boland, City residents; Paula Guerena, City resident; Christine Trudeau, City resident; Jeff Quinn, City resident; Melanie Rod, City resident; Taryn Labat, City resident; Steve and Cyndi Lee, no residence provided; Sofia, no residence provided; Tony Lino, City resident; Joanna Perlas, no residence provided; Jennifer D., no residence provided; Olivia C. Quinn, no residence provided; Vicki Doble, City resident; Jocelyn Granados, no residence provided; Brian Viglielmo, no residence provided; Shelley Carvalho, City resident; Ivan Serrano, no residence provided; Arika Aguirre, no residence provided; Bethzy Felix, no residence provided; and Kristi Rowley, City resident. 6 9/5/2017 Steve May, Public Works and Utilities Director, provided a PowerPoint Presentation and responded to questions. • Public Comments: Chase Walker, Dana Point resident; Tina Talbot-Lara, City resident; Gila Jones, City resident; Maria Garcia, place of residence not provided; Marianne Smith, City resident; Morton Smith, City resident; Anne Fox, City resident; Morris Hasson, City resident; Emily Freese, City resident; Deanne Duplissey, City resident; Carrie Weeks, City resident; Jenny Friess, City resident; Shelly Welcome, City resident; Laura White, City resident; Bob Price, City resident; Marc Sciocchetti, City resident; Luciana Benzan, City resident; Maggie Gibson, City resident; Jami Countryman, City resident; Darcy Patch, City resident; Bob Diersing, City resident; Scott Hunter, City resident; Eric Strongin, City resident; Silvana Difilippo, City resident; and, Kathy Hobstetter, City business owner. • The following individuals did not speak, but instead registered position for the record: Evan Schrimp, City resident; Theresa Diersing, City resident; Karla Cedillo, Laguna Niguel resident; Eleuterio Fernandez, City resident; Juanita Barrera, City resident; Sabrina Mena, City resident; Alejandro Granados, City resident; Esteban Ocampo, City resident; Alfredo Contreras, City resident; Maria D. Alzarez, City resident; Norma Cuevas, City resident; Chad Milledge, City resident; and, Melissa Neave, City resident. Mayor Ferguson made a motion to approve Option 1 (leaving the existing parking restrictions on Camino Lacouague); increase/create drop-off space; mark five (5) parking spaces as two-hour time limit parking at the San Juan Creek Neighborhood Park; and, look into creating a crosswalk, but motion failed for lack of a second. Council Member Reeve made a motion, seconded by Mayor Pro Tern Farias to approve Option 1 (leaving the existing parking restrictions on Camino Lacouague), with the caveat that staff evaluates the feasibility of expanding the drop-off zone, with the understanding that it may not be possible, but motion failed due to lack of vote. Council Member Patterson made a substitute motion to approve Option 1 (leaving the existing parking restrictions on Camino Lacouague), with the caveat that staff evaluates the feasibility of expanding the drop-off zone, with the understanding that it may not be possible; mark five (5) parking spaces as two-hour time limit parking at the San Juan Creek Neighborhood Park; and, bring back under Closed Session at the September 19, 2017, meeting, but motion failed for lack of a second. Council Member Maryott made a substitute motion, seconded by Mayor Ferguson, but motion failed 3-2 with Council Member Reeve, Council Member Patterson and Mayor Pro Tern Farias opposed to receive and file presentation from staff on existing conditions and potential parking and pedestrian control measures on Camino Lacouague, San Juan Creek Road, and at San Juan Creek Neighborhood Park; adopt RESOLUTION 17-09-05-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING TWO-HOUR TIME LIMIT PARKING FROM 7:00AM-4:00 PM 7 9/5/2017 MONDAY-FRIDAY SCHOOL DAYS FOR FIVE PARKING SPACES IN THE SAN JUAN CREEK NEIGHBORHOOD PARK PARKING LOT;" and, further consider additional options for parking and pedestrian control on Camino Lacouague and San Juan Creek Road which allows the City to continue studying sidewalk option, crosswalk options, and the extension of drop-off/pick-up space. ROLL CALL: AYES: NOES : ABSENT: COUNCIL MEMBER: Maryott and Mayor Ferguson COUNCIL MEMBER: Reeve, Patterson and Mayor Pro Tern Farias COUNCIL MEMBER: None Co uncil Act ion: Moved by Council Member Patterson, seconded by Council Member Maryott, and carried 3-2 with Council Member Reeve and Mayor Pro Tern Farias opposed to receive and file presentation from staff on existing conditions and potential parking and pedestrian control measures on Camino Lacouague, San Juan Creek Road, and at San Juan Creek Neighborhood Park; approve Option #1, thereby maintaining the status quo parking restrictions on Camino Lacouague; adopt RESOLUTION 17-09-05-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO , CALIFORNIA, ESTABLISHING TWO- HOUR TIME LIMIT PARKING FROM 7:00 AM -4:00 PM MONDAY -FRIDAY SCHOOL DAYS FOR FIVE PARKING SPACES IN THE SAN JUAN CREEK NEIGHBORHOOD PARK PARKING LOT"; direct staff to consider additional options for parking and pedestrian control on Camino Lacouague and San Juan Creek Road, including the feasibility of expanding the pick-up/drop-off zone, a potential sidewalk along Camino Lacouague, and a potential crosswalk at the San Juan Creek Road/Camino Lacouague intersection; and, bring back under Closed Session at the September 19, 2017, meeting, under potential litigation. ROLL CALL: AYES : NOES : ABSENT: COUNCIL MEMBER: Patterson , Maryott and Mayor Ferguson COUNCIL MEMBER: Reeve and Mayor Pro Tern Farias COUNCIL MEMBER: None F2. CITY ATTORNEY a. CONSIDERATION OF A RESOLUTION ADOPTING A CITY COUNCIL POLICY -ELECTRONIC COMMUNICATIONS CONCERNING CITY BUSINESS (160.60/610.30)-CONTINUED TO SEPTEMBER 19, 2017 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 9/5/2017 COUNCIL ACTION ITEMS : 11. CONSIDERATION OF POSSIBLE ACTION TO AMEND ORDINANCES INVOLVING MASSAGE THERAPY BUSINESSES (390.60) -CONTINUED TO SEPTEMBER 19,2017 12 . REPORT ON SAN ONOFRE NUCLEAR GENERATING STATION (SONGS) DECOMMISSIONING COMMUNITY ENGAGEMENT PANEL (520.1 0) - CONTINUED TO SEPTEMBER 19,2017 ADJOURNMENT: ATTEST : 9 9/5/2017