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17-1003_CC_Minutes_Regular MeetingMINUTES October 3, 2017 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Ferguson called the Regular Meeting of October 3, 2017, of the City Council of the City of San Juan Capistrano to order at 5:08 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 Pam Patterson, Esq., and Brian L. Maryott. COUNCIL MEMBERS ABSENT: Derek Reeve. 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 Tem Farias reported on the following: attending meeting at San Juan Hills High School regarding the opioid crisis in Orange County hosted by Senator Pat Bates, Assemblyman Bill Brough, and Capistrano Unified School District. • Council Member Patterson reported on the following: attending an Orange County Vector Control Meeting. • Mayor Ferguson reported on the following: attending Summer Nites Concert at Heritage Park; Association of California Cities of Orange County's Advocacy Washington, DC Trip; Residential Recovery Reform Task Force Meeting; and, presented Council Member Patterson with a "Thank You" card and photographs from the City's adopted 15t Battalion, 11th Marine Regiment expecting mothers for Baby Shower gifts. 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; Sandie Weaver, Gail Zukow, Renee Ritchie and Tom Perrin, Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission; and, William Bonney Cultural Heritage Commission. B2. UPDATE PROVIDED ON THE SUMMER 2017 TROLLEY PROGRAM Tom Toman, Assistant Public Works Director, provided a PowerPoint presentation and responded to questions. ORAL COMMUNICATIONS: Public Comments: Michael Laux, City resident; Paul Gavin, City resident; Kim Rashidi, City resident; May Samadi, City resident; Kathy Sandhaus, City resident; Marta Kin, City resident; Steve Behmerwohld, City resident; l Scott Hunter, City resident; Sheri Ito, City resident; Thomas Trudeau, City resident; Monique Rea, City resident; Jeff Vasquez, City resident; and, Don Bernie, City resident. PUBLIC HEARINGS: D1. FIRST READING AND INTRODUCTION OF AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SPECIFIC SECTIONS OF TITLE 8 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE BY ADDING CHAPTER 19 TO SET FORTH AN EXPEDITED STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS," APPROVED (450.30) Carlos Yado, Building and Code Enforcement Manager, provided a presentation and responded to questions. Mayor Ferguson opened the public hearing and invited public testimony. No public testimony was received. Mayor Ferguson closed the Public Hearing. Maria Morris, City Clerk read the title of the ordinance. Council Action. Moved by Mayor Pro Tem Farias, seconded by Mayor Ferguson, 11 and carried 4-0 with Council Member Reeve absent to approve the first reading and introduction of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SPECIFIC SECTIONS OF TITLE 8 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE BY ADDING CHAPTER 19 TO SET FORTH AN EXPEDITED STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS." ROLL CALL: AYES: COUNCIL MEMBER: Patterson, Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Reeve CONSENT CALENDAR: Council Action: Moved by Mayor Ferguson, seconded by Council Member Maryott, and carried 4-0 with Council Member Reeve absent to approve consent calendar items E1 through E9 and E12, as recommended by staff, with Council Member Patterson opposed to consent calendar item E4. E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2 10/3/2017 E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF SEPTEMBER 19, 2017 (CLOSED SESSION), APPROVED E3. CITY COUNCIL MINUTES — REGULAR MEETING OF SEPTEMBER 19, 2017, APPROVED E4. CHECK REGISTERS FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED SEPTEMBER 1, 2017, TO SEPTEMBER 14, 2017; PAYROLL (CHECKS) DATED SEPTEMBER 8, 2017; PAYROLL (DIRECT DEPOSITS) DATED SEPTEMBER 8, 2017; AND PAYROLL (CHECKS) DATED SEPTEMBER 14, 2017, RECEIVED AND FILED (300.30) ROLL CALL: AYES: COUNCIL MEMBER: Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: Patterson ABSENT: COUNCIL MEMBER: Reeve E5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED AUGUST 31, 2017, RECEIVED AND FILED (350.30) E6. FACILITY USE PERMIT FOR REATA PARK AND EVENT CENTER FOR OCTOBER 14, 2017, APPROVED; EXEMPTION TO MUNICIPAL CODE, TITLE 5, SECTION 5-21.04 AND TEMPORARY VARIATIONS TO THE PARK RULES AND REGULATIONS FOR REATA PARK AND EVENT CENTER, APPROVED; j AND, $894 WAIVED FOR FACILITY RENTAL FEES ASSOCIATED WITH EQUIPMENT STORAGE (390.301460.70) E7. VACANCIES DECLARED ON THE CITIZENS' BOND OVERSIGHT AD-HOC COMMITTEE; AND, CITY CLERK DIRECTED TO PREPARE AND POST APPROPRIATE NOTICES TO SOLICIT APPLICATIONS (340.20) E8. CLAIM OF MARGARET SMITH DENIED BASED ON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) E9. CITY MANAGER AUTHORIZED TO EXECUTE A MAINTENANCE SERVICES AGREEMENT WITH ROHAN AND SONS, INC. TO PROVIDE HEATING VENTILATION AND AIR CONDITIONING MAINTENANCE AND REPAIR SERVICES FOR CITY FACILITIES, FOR A FOUR YEAR AND SEVEN MONTH PERIOD COMMENCING DECEMBER 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) E10. RESOLUTION 17-10-03-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING ANY TIME" RESTRICTIONS ON PORTIONS OF VIA CERRO REGAL" (570.20) 3 10/3/2017 Steve May, Public Works and Utilities Director, provided a PowerPoint presentation and responded to questions. • Public Comments: Valerie Drey, City resident; and, Thomas Trudeau, City resident. Council Action: Moved by Mayor Ferguson, seconded by Council Member Maryott, and carried 4-0 with Council Member Reeve absent to adopt RESOLUTION 17-10-03-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING ANY TIME" RESTRICTIONS ON PORTIONS OF VIA CERRO REBAL." ROLL CALL: AYES: COUNCIL MEMBER: Patterson, Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Reeve E11. CITY MANAGER AUTHORIZED TO EXECUTE AN AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH CBRE, INC. TO CONTINUE PROVIDING REAL ESTATE BROKER SERVICES FOR THE MARKETING AND SALE OF FORMER SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY PROPERTIES THROUGH JUNE, 20, 2023; AND ADD THE MARKETING FOR LEASE OF PORTIONS OF THE NORTHWEST OPEN SPACE PER THE GENERAL PLAN OPEN SPACE LAND USE CATEGORIES AS DIRECTED BY THE CITY COUNCIL ON AUGUST 15, 2017 (600.30) • Public Correspondence: Tom Ostensen, City resident. Ben Siegel, City Manager, provided an agenda report and responded to questions. • Public Comments: Steve Behmerwohld, City resident. Council Action: Moved by Council Member Patterson, seconded by Mayor Ferguson, and carried 4-0 with Council Member Reeve absent to authorize the City Manager to execute an Amendment to the Personal Services Agreement with CBRE, Inc., to continue providing real estate broker services for the marketing and sale of former San Juan Capistrano Redevelopment Agency Properties through June 30, 2023; and, add the marketing for lease of portions of the Northwest Open Space per the General Plan Open Space Land Use Categories as directed by the City Council on August 15, 2017. ROLL CALL: AYES: COUNCIL MEMBER: Patterson, Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Reeve 4 10/3/2017 1 iJ E12. FUND 6 "ROAD MAINTENANCE AND REHABILITATION ACCOUNT" (RMRA), TO ACCOUNT FOR FUNDS TO BE RECEIVED BY THE CITY UNDER SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, ESTABLISHED AND STAFF DIRECTED TO RECORD IN THAT FUND ALL APPLICABLE TRANSACTIONS; RESOLUTION 17-10-03-02 ADOPTED ENTITLED, °A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE FISCAL YEAR 2017-18 BUDGET TO INCORPORATE A LIST OF PROJECTS FUNDED BY SB1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017'; AND, TRANSFER TO CIP PROJECT 18101 (CAPISTRANO VILLAS I, II, AND III PAVEMENT REHABILITATION PROJECT) FUNDING FROM THE STREET PROJECTS IDENTIFIED IN ATTACHMENT 2 OF THE AGENDA REPORT, APPROVED (330.40) ADMINISTRATIVE ITEMS: F1. DEVELOPMENT SERVICES a. 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 17, 2017, MEETING • Public Correspondence: Terry R. Voreil, Casa de Amma; and Mark Speros, City resident. Council Action: Moved by Council Member Patterson, seconded by Mayor Ferguson and, carried 4-0 with Council Member Reeve absent to continue the 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) to the October 17, 2017, meeting. ROLL CALL: AYES: COUNCIL MEMBER: Patterson, Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Reeve F1b. INITIATION OF DISCRETIONARY USE PERMIT (DUP 17-001) REVIEW PROCESS FOR A PROPOSED DRIVE-THROUGH FACILITY INVOLVING AN APPROXIMATELY 2,000 SQUARE FOOT EATING AND DRINKING ESTABLISHMENT LOCATED AT 32291 CAMINO CAPISTRANO (S&D ENTERPRISES, LP) (460.70) — CONTINUED TO OCTOBER 17, 2017 5 10/3/2017 Joel Rojas, Development Services Director, provided a PowerPoint presentation and responded to questions. Public Comments: Scott DeYoung, S&D Enterprises, LP, Applicant; and, Steve Behmerwohld, City resident. Council Action: Moved by Mayor Ferguson, seconded by Council Member Maryott, and carried 3-1-0 with Council Member Patterson opposed and Council Member Reeve absent to continue the initiation of Discretionary Use Permit (DUP 17-001) review process for a proposed drive-through facility involving an approximately 2,000 square foot eating and drinking establishment located at 32291 Camino Capistrano (S&D enterprises, LP) to the October 17, 2017, meeting. ROLL CALL: AYES: COUNCIL MEMBER: Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: Patterson ABSENT: COUNCIL MEMBER: Reeve F2a. CONSIDERATION OF IMPROVEMENTS TO REATA PARK AND EVENT CENTER (920.40) Public Correspondence: Monique Rea, City resident; Renee Ritchie, City resident; Bernadette Olsen, Backbay Therapeutic Riding Club; and, Tom Ostensen, City resident. Dori Budde, Community Services Director, provided a PowerPoint presentation and responded to questions. Ben Siegel, City Manager, responded to questions. • Thomas Perrin, Renee Ritchie and Gail Zukow, provided the views of the Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission. Public Comments: Steve Behmerwohld, City resident; Sandie Weaver, City resident; and, Monique Rea, City resident. Council Member Maryott made motion, seconded by Mayor Pro Tem Farias, but motion failed 2-2-0 with Council Member Patterson and Mayor Ferguson opposed and Council Member Reeve absent to approve the following equestrian improvements at Reata Park and Event Center: 1) accept the donation of hitching rail and allocate funding for installation; 2) assistance platform; and, 3) mounting block. ROLL CALL: AYES: COUNCIL MEMBER: Maryott and Mayor Pro Tem Farias NOES: COUNCIL MEMBER: Patterson and Mayor Ferguson ABSENT: COUNCIL MEMBER: Reeve 6 10/3/2017 Mayor Ferguson made motion, seconded by Council Member Patterson, but motion failed 2-2-0 with Council Member Maryott and Mayor Pro Tem Farias opposed and Council Member Reeve absent to approve the following equestrian improvements at Reata Park and Event Center: 1) footing for both holding pens; 2) accept the donation and installation of hitching rail; and, 3) mounting block. ROLL CALL: AYES: COUNCIL MEMBER: Patterson and Mayor Ferguson NOES: COUNCIL MEMBER: Maryott and Mayor Pro Tem Farias ABSENT: COUNCIL MEMBER: Reeve Council Action: Moved by Mayor Ferguson, seconded by Council Member Maryott, and carried 4-0 with Council Member Reeve absent to approve the following equestrian improvements at Reata Park and Event Center: 1) accept the donation of hitching rail and allocate funding for installation; and, 2) mounting block. ROLL CALL: AYES: COUNCIL MEMBER: Patterson, Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Reeve F3. CITY ATTORNEY a. RESOLUTION 17-10-03-03 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, U ADOPTING A CITY COUNCIL POLICY CONCERNING ELECTRONIC COMMUNICATIONS CONCERNING CITY BUSINESS" (160.601610.30) HongDao Nguyen, Deputy City Attorney, provided an agenda report and responded to questions. Council Action: Moved by Mayor Ferguson, seconded by Council Member Maryott, and carried 4-0 with Council Member Reeve absent to adopt RESOLUTION 17-10-03-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A CITY COUNCIL POLICY CONCERNING ELECTRONIC COMMUNICATIONS CONCERNING CITY BUSINESS;" and, remove Section 3 on Page 2 of the Policy: "All City officials shall, within 60 days following the adoption of this policy, search all private, nongovernmental electronic messaging accounts to which they have user access and locate any electronic communications that might constitute a "public record", because it involved "City business", as set forth above. All such communications shall be forwarded to the City official's City -provided account. To the extent the City official believes that any part of such communications contain personal matter not related to the conduct of the public's business, the City official shall provide a declaration, as set forth in paragraphs 10 and 91, below." 7 10!312017 ROLL CALL: AYES: COUNCIL MEMBER: Patterson, Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Reeve 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) COUNCIL ACTION ITEMS: CONSIDERATION OF POSSIBLE ACTION TO AMEND ORDINANCES INVOLVING MASSAGE THERAPY BUSINESSES (390.60) — CONTINUED TO OCTOBER 17, 2017 12. REPORT ON SAN ONOFRE NUCLEAR GENERATING STATION (SONGS) DECOMMISSIONING COMMUNITY ENGAGEMENT PANEL, RECEIVED AND FILED (520.10) Council Member Patterson provided a report and videos. 13. DISCUSSION REGARDING SONGS FUNDS EXPENDITURES (520.10) — CONTINUED TO OCTOBER 17, 2017 ADJOURNMENT: There being no further business Mayor Ferguson adjourned the meeting at 9:22 p.m. to Tuesday,, October 17, 2017, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public Busi ess Session, in the City Council Chamber. Approved: October 17, ATTEST: M, W&I KERRY VOI, AYOR n 10/3/2017