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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 2 9/19/2017 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) 3 9/19/2017 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) 4 9/19/2017 • 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 6 9/19/2017 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