17-0919_CC_Minutes_Regular MeetingMINUTES
September 19, 2017
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Ferguson called the Regular Meeting of September 19, 2017, of the
City Council of the City of San Juan Capistrano to order at 5:33 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, 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:
• Mayor Pro Tern Farias reported on the following: attending the League of
California Cities Annual Conference .
• Council Member Patterson reported on the following: attending the Orange
County Vector Control Meeting; and, SONGS Decommissioning Community
Engagement Panel Meeting.
• Mayor Ferguson reported on the following: attending Southern California
Association of Governments (SCAG) Meeting; Friday Night Football Game at
JSerra High School Campus; Cove Townhouse and Resort Development
Pacifica San Juan Groundbreaking; Mission San Juan Capistrano Romance
Benefit Gala; Putuidem Committee Meeting; Association of California Cities of
Orange County's Advocacy Washington, DC Trip.
INTRODUCTIONS AND PRESENTATIONS:
B1. MAYOR PROTEM FARIAS INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE: Gerald Muir, Parks, Recreation, Youth and Senior Services,
Trails and Equestrian Commission and Youth Advisory Board; Sandi Weaver,
Gail Zukow, Renee Ritchie and Tom Perrin, Parks, Recreation, Youth and Senior
Services, Trails and Equestrian Commission; Jack Hunt and John Perry, Utilities
Commission; Mechelle Lawrence Adams, Cultural Heritage Commission;
and, Ella Friess and Emily Friess, Youth Advisory Board.
B2. SEPTEMBER 2017 PROCLAIMED AS DISASTER PREPAREDNESS MONTH
1
ORAL COMMUNICATIONS:
• Public Correspondence : Stephen Wontrobski, Mission Viejo; Dan Almquist, City
resident; Rhen Kohan, City resident; and Mark Speros, City resident.
• Public Comments: Steve Behmerwohld, City resident; Emily Friess,
Youth Advisory Board; Yoshimi Zemba, City resident; Matt Gaffney, City resident;
Monique Rea, City resident; Jeff Vasquez, City resident (presented a video);
Sheree Ito, City business owner; and, Michael Laux, City resident.
PUBLIC HEARINGS :
D1. RESOLUTION NO. 17-09-19-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AN AMENDMENT TO THE HOUSING ELEMENT TABLE 25: SITES
INVENTORY TABLE AND CORRESPONDING SITE DETAIL, AND PROGRAM 1
REPORTING AND TIMEFRAME DETAILS;" AND, CITY MANAGER AUTHORIZED
TO SEND THE AMENDED HOUSING ELEMENT TO THE STATE DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPMENT (440.25)
Laura Stokes, Housing Coordinator/Assistant Planner, provided a PowerPoint
presentation and responded to questions. Ben Siegel, City Manager, and
Joel Rojas, Development Services Director, responded to questions.
Mayor Ferguson opened the public hearing and invited public testimony. No public
testimony was received. Mayor Ferguson closed the Public Hearing.
Counci l Action: Moved by Council Member Reeve, seconded by Mayor Ferguson,
and carried 4-1 with Council Member Patterson opposed to adopt RESOLUTION
NO. 17-09-19-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT TO
THE HOUSING ELEMENT TABLE 25: SITES INVENTORY TABLE AND
CORRESPONDING SITE DETAIL, AND PROGRAM 1 REPORTING AND
TIMEFRAME DETAILS;" and, City Manager authorized to send the Amended
Housing Element to the State Department of Housing and Community
Development.
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson
COUNCIL MEMBER: Patterson
COUNCIL MEMBER: None
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CONSENT CALENDAR:
Coun ci l Act ion: Moved by Council Member Reeve, seconded by Mayor Pro Tern
Farias, and carried unanimously to approve consent calendar items E1 through E12,
as recommended by staff, with Council Member Patterson opposed to consent calendar
E4.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2 . CITY COUNCIL MINUTES -SPECIAL MEETING OF SEPTEMBER 5, 2017
(CLOSED SESSION), APPROVED
E3 . CITY COUNCIL MINUTES -REGULAR MEETING OF SEPTEMBER 5, 2017,
APPROVED
E4 . CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS
DATED AUGUST 18 , 2017, TO AUGUST 31, 2017; PAYROLL (CHECK)
DATED AUGUST 25, 2017; AND PAYROLL (DIRECT DEPOSITS) DATED
AUGUST 25, 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 . NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
E6. RESOLUTION NO. 17-09-19-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE JUNIPERO SERRA PAVEMENT
REHABILITATION PROJECT, BY R. J. NOBLE COMPANY (CIP 17109)"
(600 .30)
E7 . CITY MANAGER AUTHORIZED TO EXECUTE AN AMENDMENT NO. 2
TO A PROFESSIONAL SERVICES AGREEMENT WITH DUDEK, TO
INCREASE THE NOT-TO-EXCEED COMPENSATION AMOUNT FOR
BIOLOGICAL MONITORING SERVICES BY $6,861.63, FOR A NEW TOTAL
COMPENSATION AMOUNT OF $101,991.63 (600.30)
E8. EMERGENCY PURCHASE AUTHORIZATIONS FOR WATER WELL
REHABILITATION AND MECHANICAL AND ELECTRICAL EQUIPMENT
REMOVAL AND REPLACEMENT, FOR A CUMULATIVE TOTAL AMOUNT OF
$45,984 (LAYNE CHRISTENSEN COMPANY) (INDUSTRIAL POWER &
AUTOMATION), RATIFIED (600.30)
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E9. PURCHASE OF A NEW UTILITIES DEPARTMENT 2017 FORD SUPER DUTY
F-550 MAINTENANCE TRUCK FROM NATIONAL AUTO FLEET GROUP FOR
THE AMOUNT OF $162,529.01 AND A JOHN DEERE 310SL BACKHOE
LOADER FROM COASTLINE EQUIPMENT FOR THE AMOUNT OF
$103,676 .22, APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE
ANY DOCUMENTS RELATED TO THE PURCHASE (370.30)
E10 . APPROPRIATIONS AND TRANSFERS OF $50,000 FROM CAPITAL
IMPROVEMENT PROJECT (CIP) 10803, $50,000 FROM CIP 17802, AND
$70 ,000 FROM CIP 14702 TO A NEW CIP 18801 WITH $170,000 FOR THE
CITY'S SHARE OF SAN JUAN BASIN AUTHORITY'S COSTS FOR A
HYDROGEOLOGICAL STUDY OF THE LOWER SAN JUAN BASIN,
AUTHORIZED (1 050.60)
• Public Correspondence: Norris Brandt, San Juan Basin Authority; and Daniel
R. Ferons, Santa Margarita Water District.
E11. DONATION OF AN EAGLE SCOUT SERVICE PROJECT TO INSTALLA22 FT.
FLAG POLE AND LANDSCAPING AT THE CITY'S DANCE HALL BUILDING,
PER ADMINISTRATIVE POLICY NO. 103 "DONATIONS TO THE CITY,"
WHICH ESTABLISHES PROCEDURES FOR THE ACCEPTING OR
DECLINING OF DONATIONS, ACCEPTED (150.10)
E12. PROPOSED LICENSE AGREEMENT BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND VETERANS OF FOREIGN WARS (VFW) FOR THE USE
OF THE NYDEGGER BUILDING AND ITS KITCHEN, APPROVED; CITY FEES
FOR USE OF NYDEGGER BUILDING, AND ITS KITCHEN, ON THE FIRST
WEDNESDAY OF EVERY MONTH FOR VFW TO CONDUCT BUSINESS
MEETINGS, WAIVED; AND, CITY MANAGER AUTHORIZED TO EXECUTE UP
TO THREE ADDITIONAL ONE YEAR TERM EXTENSIONS (600.30/390.30)
E13. IMPROVEMENTS TO REATA PARK AND EVENT CENTER AND
CONSIDERATION TO CONTINUE APPROPRIATION FROM FISCAL YEAR
2016-17-CONTINUED TO OCTOBER 3, 2017
• Public Correspondence: Monique Rea, City resident; and Tom Ostensen, City
resident.
ADMINISTRATIVE ITEMS:
F1. a. PUBLIC WORKS
CITY MANAGER AUTHORIZED TO EXECUTE THE SECOND AMENDMENT
TO THE PERSONAL SERVICES AGREEMENT WITH RRM DESIGN
GROUP INC., FOR DESIGN SERVICES FOR THE VERDUGO STREET
BEAUTIFICATION PROJECT (CIP 14106), IN AN AMOUNT NOT-TO-EXCEED
$81 ,440; AND, STAFF DIRECTED TO INCLUDE THE AREA WEST OF THE
TRAIN TRACKS IN THE CONCEPTUAL DESIGN SCOPE OF WORK FOR THE
PROJECT, AT NO ADDITIONAL COST (600.30)
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• Public Correspondence: Steve Nordeck, City resident; and Jeff Vasquez, City
resident.
Tom Toman, Assistant Public Works Director, provided a PowerPoint
presentation and responded to questions. Ben Siegel, City Manager, and
Ken Al-lmam, Chief Financial Officer, responded to questions.
• Public Comments: Eric Altman, City business owner; Joe Campbell,
City resident; Frank Larkin, City resident; Carolyn Franks, City business
owner; Monica Mukai, City business owner; Steve Behmerwohld,
City resident.
Mayor Ferguson made a substitute motion to follow the recommendations of the
business owners' on Verdugo Street (submitted by letter from Mechelle
Lawrence Adams, Mission San Juan Capistrano, dated August 14, 2017), but
motion failed for lack of a second.
Coun ci l Action : Moved by Council Member Maryott, seconded by Mayor Pro
Tern Farias, and, carried 3-2 with Council Member Patterson and Mayor
Ferguson opposed to authorize the City Manager to execute the Second
Amendment to the Personal Services Agreement with RRM Design Group Inc.,
for design services for the Verdugo Street Beautification Project (CIP 141 06), in
an amount not-to-exceed $81 ,440; and, direct staff to include the area west of
the train tracks in the conceptual design scope of work for the project, at no
additional cost.
ROLL CALL:
AYES :
NOES:
ABSENT:
COUNCIL MEMBER: Reeve, Maryott and Mayor ProTem Farias
COUNCIL MEMBER: Patterson and Mayor Ferguson
COUNCIL MEMBER: None
F2. DEVELOPMENT SERVICES
a . INITIATION OF AN AMENDMENT TO THE FORSTER CANYON PLANNED
COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 81-01, ADDING AN
OVERLAY OF "RM" (RESIDENTIAL MULTIPLE-FAMILY) TO ALLOW A 7.29-
ACRE POTENTIAL SCHOOL SITE TO BE DEVELOPED WITH UP TO 131
MULTI-FAMILY UNITS (CA 17-006)(APPLICANT: CAPISTRANO UNIFIED
CUSD. PROPERTY OWNER: PACIFIC POINT DEVELOPMENT PARTNERS,
LLC.)-DENIED (420.40)
• Public Correspondence: Carolyn Davidson, San Clemente; Greg and Tina
Blackburn, no residence provided; Jim Gwaltney, City resident; and Roxane
Olsh, City resident.
Joel Rojas, Development Services Director, provided a PowerPoint presentation
and responded to questions.
5 9/19/2017
Stephen Sandland, Representing Applicant-Capistrano Unified School District,
provided a PowerPoint Presentation and responded to questions.
• Public Comments: Kitty Billings, City resident; Erica Fox, City resident; Travis
Kegel, City resident; Paul Jenkinson, City resident; Bill Roberts, City resident;
Doug Main, City resident; Chris Basaites, City resident; Gerald Heidrich,
City resident; Craig Adams, City resident; Richard Robustay,
City resident; James Maffetore, City resident; Garrett Smith, City resident;
Frank McMoersen, City resident; Tim Hankins, City resident;
Charles Thomas, City resident; Deven Sustin, City resident; Laura Schidt,
City resident; and, Melody and Joe Steelman, City residents.
• The following individuals did not speak, but instead registered position for the
record: Kathy Kelly, City resident; Robert Kelly, City resident; Kathryn Divel,
City resident; Dawn Urbanek, City resident; Steven Divel, City resident;
Deb Alvord, City resident; Andrea Dustin, City resident; Britta Gallery,
City resident; Bryan Smith, City resident; Cynthia Smith, City resident;
Cathy Schreiner, City resident; Cynthia Brown, City resident; Rocco Falabella,
City resident; Cam Peterson Graeber, City resident; and, William Graeber,
City resident.
Council Action: Moved by Council Member Reeve, seconded by Council
Member Patterson, and carried 4-1 with Mayor Pro Tern Farias opposed to deny
the initiation of an amendment to the Forster Canyon Planned Community
Comprehensive Development Plan (COP) that would allow up to 131 residential
units on a 7.29-acre site that is designated in the COP as a potential school site.
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Patterson, Reeve, Maryott and Mayor Ferguson
COUNCIL MEMBER: Mayor ProTem Farias
COUNCIL MEMBER: None
F2b. CONSIDERATION OF INITIATION OF AN AMENDMENT TO
COMPREHENSIVE DEVELOPMENT PLAN 78-01, ORTEGA PLANNED
COMMUNITY, FOR A PROPOSED RESIDENTIAL DEVELOPMENT PROJECT
REFERRED TO AS "TIRADOR" ON PROPERTY LOCATED NEAR THE
TERMINUS OF CALLE ARROYO (CA 17 -005) (EFREM JOELSON
REPRESENTING WATT COMMUNITIES) (420.40) -CONTINUED TO
OCTOBER 3, 2017
• Public Correspondence: Mark Speros, City resident.
F3. CITY ATTORNEY
a. CONSIDERATION OF A RESOLUTION ADOPTING A CITY COUNCIL POLICY
-ELECTRONIC COMMUNICATIONS CONCERNING CITY BUSINESS
(160.60/610.30)-CONTINUED TO OCTOBER 3, 2017
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SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Successor Agency Meeting of September 19, 2017,
not conducted)
COUNCIL ACTION ITEMS:
H1. CONSIDERATION OF POSSIBLE ACTION TO AMEND ORDINANCES
INVOLVING MASSAGE THERAPY BUSINESSES (390.60) -CONTINUED TO
OCTOBER 3, 2017
H2 . REPORT ON SAN ONOFRE NUCLEAR GENERATING STATION (SONGS)
DECOMMISSIONING COMMUNITY ENGAGEMENT PANEL (520.1 0) -
CONTINUED TO OCTOBER 3, 2017
ADJOURNMENT :
Th o/~e br in, no further business Mayor Ferguson adjourned the meeting at 9:02 p.m. to
Tu 13 s y ctober 3, 2017, at 4:00p.m. for Closed Session, and 5:00p.m. for the public
B !s i · ession, in the City Council Chamber .
Approved: October 3, 2017
ATTEST:
7 9/19/2017