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