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17-0718_CC_Minutes_Regular MeetingMINUTES July 18, 2017 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION : Mayor Ferguson called the Regular Meeting of July 18, 2017, of the City Council of the City of San Juan Capistrano to order at 5:28 p.m. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. Mayor Pro Tern Farias 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 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 Capistrano Valley Mobile Estates installation of smoke detector alarms event with the Red Cross, Community Emergency Response Team (CERT), Capistrano Valley Mobile Estates Homeowner Association, and Orange County Fire Authority (OCFA). • Mayor Ferguson reported on the following: attending the Summer Nites Concert; Association of California Cities of Orange County Legislative and Regulatory Meeting; Ribbon Cutting Ceremony for Basanti Indian Restaurant; South Coast Water District Meeting; South County Economic Coalition Luncheon; Fourth of July Carnival and Fireworks; Southern California Association of Governments - Community Economic and Human Development Committee Meeting; San Juan Basin Authority Meeting; Boys' and Girls' Club Internet Security Presentation; 1/11 Marine Baby Shower; Fish for Life; provided a report on the City 's Summer Trolley ridership; and, announced an upcoming dedication at the City's Summer Nites Concert in Memory of Marine Pilot Captain Sean "Puffin" Elliott. INTRODUCTIONS AND PRESENTATIONS : B1 . MAYOR PROTEM FARIAS INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Orange County District Attorney Tony Rackauckas; Gerald Muir, Parks, Recreation , Youth and Senior Services, Trails and Equestrian Commission and Youth Advisory Board; and, Tom Perrin, Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission. 1 B2 . PRESENTATION PROVIDED BY ORANGE COUNTY DISTRICT ATTORNEY ON EFFORTS TO COMBAT HUMAN EXPLOITATION AND TRAFFICKING IN ORANGE COUNTY B3 . JENNA BOWMAN AND MAYA KULKARNI, SAN JUAN HILLS HIGH SCHOOL, AND KAMRON MEHR AND ELIZABETH PONCE, CAPISTRANO VALLEY HIGH SCHOOL RECOGNIZED FOR RECEIVING THE 2017 COX SCHOLARS AWARDS ORAL COMMUNICATIONS: • Public Correspondence: Stephen M. Wontrobski, Mission Viejo resident (submitted 2 letters). • Public Comments: Mike Cefali, City resident; John Perry, City resident; Kevin Domagala, Walk 4 Alzheimer's (provided handouts); Kathy Hobstetter, City business owner; Vivian Ashley, City resident; Monique Rea, City resident; Stephen Wontrobski, Mission Viejo resident; Michael Laux, City resident; and Steve Behmerwohld, City resident. PUBLIC HEARINGS: D1. RESOLUTION 17-07-18-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, REVERSING THE PLANNING COMMISSION'S DECISION, AND APPROVING THE APPEAL APPLICATION FOR CONDITIONAL USE PERMIT 16-008 FOR A TYPE 20 LICENSE FOR "OFF- SALE BEER & WINE" IN CONJUNCTION WITH A SERVICE STATION BUSINESS LOCATED AT 32001 CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBER 668-073-01) (APPLICANT: BEHRAD DASHTI, PRESIDENT OF SJCC CORPORATION);" AND RESOLUTION 17-07-18-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ISSUANCE A LETTER OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) FOR THE ISSUANCE OF A TYPE 21 LICENSE FOR THE PREMISES AT 32001 CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBER 668-073-01) (APPLICANT: BEHRAD DASHTI, PRESIDENT OF SJCC CORPORATION)." (460.70) • Public Correspondence: Alexander M. DeGood, Cox Castle Nicholson; and Barrett Steele, City resident (submitted 2 emails). Laura Stokes, Housing Coordinator/Assistant Planner, provided a PowerPoint presentation and responded to questions. Lt. Scott Spalding, Chief of Police Services, responded to questions. • Barrett Steele, Planning Commissioner provided the views of the Planning Commission. 2 7/18/2017 Mayor Ferguson opened the public hearing . • Public Testimony: Alex Degood, Cox, Castle & Nicholson, LLP, representing Applicant; Eddie Ghassemi, Applicant; Dehrad Dashti, Applicant; and Steve Behmerwohld, City resident. Mayor Ferguson closed the public hearing . Council Member Maryott made a substitute motion, seconded by Council Member Patterson, but substitute motion failed 2-3 with Council Member Reeve, Mayor Pro Tern Farias and Mayor Ferguson opposed to refer the matter back to the Planning Commission. ROLL CALL: AYES: COUNCIL MEMBER: Patterson and Maryott NOES: COUNCIL MEMBER: Reeve, Mayor Protem Farias and Mayor Ferguson ABSENT: COUNCIL MEMBER: None Council Acti on : Moved by Mayor Pro Tern Farias , seconded by Council Member Reeve , and carried 4-1 with Council Member Patterson opposed to adopt RESOLUTION NO. 17-07-18-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, REVERSING THE PLANNING COMMISSION 'S DECISION, AND APPROVING THE APPEAL APPLICATION FOR CONDITIONAL USE PERMIT 16- 008 FOR A TYPE 20 LICENSE FOR "OFF-SALE BEER & WINE" IN CONJUNCTION WITH A SERVICE STATION BUSINESS LOCATED AT 32001 CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBER 668-073-01) (APPLICANT: BEHRAD DASHTI, PRESIDENT OF SJCC CORPORATION);" and adopt RESOLUTION NO. 17-07-18-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ISSUANCE A LETTER OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) FOR THE ISSUANCE OF A TYPE 21 LICENSE FOR THE PREMISES AT 32001 CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBER 668-073-01) (APPLICANT: BEHRAD DASHTI, PRESIDENT OF SJCC CORPORATION)." ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: Patterson ABSENT: COUNCIL MEMBER: None 3 7/18/2017 D2 . CITY MANAGER AUTHORIZED TO EXECUTE .A CONTRACT WITH SIEMENS INDUSTRY, INC. TO COMPLETE THE INITIAL ANALYSIS REQUIRED FOR CONVERTING CITY STREET LIGHTS FROM HIGH PRESSURE SODIUM TO LIGHT EMITTING DIODE (LED) TECHNOLOGY WHERE THE ANTICIPATED COST TO THE CITY FOR THE ENERGY EFFICIENCY SERVICES PROVIDED WILL BE LESS THAN THE ANTICIPATED COST SAVINGS RESULTING FROM THE IMPLEMENTATION OF THE ENERGY EFFICIENCY MEASURES (600.30) Tom Toman, Assistant Public Works Director, provided a Power Point Presentation and responded to questions . Ben Siegel, City Manager, responded to questions. Mayor Ferguson opened the public hearing and invited public testimony. No public testimony was received. Mayor Ferguson closed the Public Hearing. Council Action: Moved by Council Member Reeve, seconded by Council Member Maryott, and carried 4-1 with Council Member Patterson opposed to authorize the City Manager to execute a Contract with Siemens Industry, Inc. to complete the initial analysis required for converting City street lights from high pressure sodium to light emitting diode (LED) technology where the anticipated cost to the City for the energy efficiency services provided will be less than the anticipated cost savings resulting from the implementation of the energy efficiency measures. ROLL CALL : AYES: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: Patterson ABSENT : COUNCIL MEMBER: None CONSENT CALENDAR: Co unc il Act ion: Moved by Mayor Pro Tern Farias, seconded by Mayor Ferguson, and carried unanimously to approve consent calendar items E1 through E5, E7 through E11, E13, E14, E15, E17 and E18, as recommended by staff, with Council Member Patterson opposed to Consent calendar item E13. E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED . E2. CITY COUNCIL MINUTES -SPECIAL MEETING OF JUNE 20, 2017 (CLOSED SESSION), APPROVED E3 . CITY COUNCIL MINUTES -REGULAR MEETING OF JUNE 20, 2017, APPROVED E4 . PUBLIC FINANCING AUTHORITY MINUTES -REGULAR MEETING OF JUNE 20, 2017, APPROVED E5. SEWER MAINTENANCE DISTRICT NO. 1 -REGULAR MEETING OF JUNE 20, 2017, APPROVED 4 7/18/2017 E6 . CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED MAY 26, 2017, TO JUNE 8, 2017; JUNE 9, 2017, TO JUNE 22, 2017; PAYROLL (CHECKS) DATED JUNE 2, 2017; PAYROLL (DIRECT DEPOSITS) DATED JUNE 2, 2017; PAYROLL (CHECKS) DATED JUNE 16, 2017; PAYROLL (DIRECT DEPOSITS) DATED JUNE 16, 2017; PAYROLL (CHECKS) DATED JUNE 30, 2017 ; AND, PAYROLL (DIRECT DEPOSITS) DATED JUNE 30 , 2017 (300.30)-CONTINUED TO AUGUST 1, 2017 E7 . CASH AND INVESTMENT REPORT FOR THE MONTH ENDED MAY 31, 2017, RECEIVED AND FILED (350.30) E8 . STAFF DIRECTED TO EXECUTE THE ESCHEATING PROCESS DESCRIBED BY GOVERNMENT CODE SECTIONS 50050 THROUGH 50057 BY PUBLISHING A LIST OF UNCLAIMED DEPOSITS AND CHECKS (300.10) E9 . CLAIM OF SAN DIEGO GAS & ELECTRIC (SDG&E) DENIED BASED ON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) E10 . CLAIM OF MICHELLE ANDERSON DENIED BASED ON THE INVESTIGATION AND RECOMMENDATION OF THE CITY 'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) E11 . NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.1 0) E12 . CANCELLATION OF THE FORSTER STREET SIDEWALK PROJECT (CIP 16106) (820.20) -ITEM TABLED TO FALL 2017 Council Action: Moved by Council Member Maryott, Seconded by Mayor Ferguson, and carried 3-2 with Council member Reeve and Mayor Pro Tem Farias opposed to table the matter to Fall 2017. ROLL CALL: AYES: COUNCIL MEMBER: Patterson, Maryott and Mayor Ferguson NOES: COUNCIL MEMBER: Reeve and Mayor Pro Tern Farias ABSENT: COUNCIL MEMBER: None E13 . RESOLUTION NO. 17-07-18-03 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING CITY'S INTENT TO VACATE EXCESS RIGHT OF WAY LOCATED AT 32151, 32221, AND 32351 DEL OBISPO STREET, EXCEPTING AND RESERVING RIGHTS FOR EXISTING PUBLIC UTILITY FACILITIES, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING (820.40) 5 7/18/2017 ROLL CALL: AYES : COUNCIL MEMBER: Reeve , Maryott, Farias and Mayor Ferguson NOES : COUNCIL MEMBER: Patterson ABSENT: COUNCIL MEMBER: None E14 . CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT N0.1 TO THE MAINTENANCE SERVICES AGREEMENT WITH E. STEWART & ASSOCIATES, INC. FOR SEWER MANHOLE MAINTENANCE, IN AN AMOUNT NOT TO EXCEED $50,000 AND EXTENDING THE TERM TO JUNE 30, 2018 (600 .30) E15 . CITY MANAGER AUTHORIZED TO EXECUTE A ONE-YEAR PURCHASE AGREEMENT WITH KING LEE TECHNOLOGIES, INC . FOR THE PURCHASE AND DELIVERY OF CHEMICALS FOR THE CITY'S GROUNDWATER RECOVERY PLANT FOR AN AMOUNT NOT TO EXCEED $100,000 (600 .30) E16 . COMPLETION OF THE OAKS TRANSITION PROCESS (600 .30) - CONTINUED TO AUGUST 1, 2017 E17. PROPOSED COMPOSTER DONATION FROM JACOB ARMSTRONG, ACCEPTED (150.1 0) E18. LICENSE AGREEMENT TO ALLOW CONSTRUCTION OF A PRIVATE EQUESTRIAN STABLE WITHIN A PORTION OF 29831 HIGHVIEW CIRCLE, LOT 44 OF TRACT 6381, WHERE DEVELOPMENT RIGHTS HAVE BEEN DEDICATED TO THE CITY, APPROVED (600 .30) ADMINISTRATIVE ITEMS : F1 . PUBLIC WORKS a . CONSIDERATION OF VERDUGO STREET BEAUTIFICATION PROJECT (CIP 14106) AND POTENTIAL REALLOCATION OF FUNDS (820 .20) - CONTINUED TO AUGUST 1, 2017 SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) MOTION TO MOVE UP COUNCIL ACTION ITEMS : Council Member Reeve made a motion , seconded by Mayor Pro Tern Farias to move the Council Action items after Public Hearings and before Consent Calendar, no vote was taken due to consensus from the City Council to move them. 6 7/18/2017 COUNCIL ACTION ITEMS : H1. AMENDMENT TO THE CITY'S LAND USE CODE TO STREAMLINE THE APPLICATION REVIEW PROCESS FOR MICROBREWERIES, INITIATED (460.1 0) Mayor Pro Tem Farias provided a report. Joel Rojas, Development Services Director, responded to questions. Council Action: Moved by Council Member Maryott, seconded by Council Member Reeve, and carried unanimously to initiate an amendment to the City's Land Use Code to streamline the application review process for microbreweries. H2 . DISCUSSION AND POSSIBLE ACTION REGARDING CITY COUNCIL APPOINTMENTS TO OUTSIDE AGENCIES (61 0.60) Council Member Reeve provided a report and a video . • Public Comments: Kathy Hobstetter, City business owner; Tina Auclair, City resident; Steve Oedekerk, City resident; Anna Dickinson, City resident; and, Alvin Ehrig, City resident. Council Member Reeve made a motion, seconded by Mayor ProTem Farias to remove Council Member Patterson from the SONGS Decommissioning Community Engagement Panel, but motion failed 2-3 with Council Member Patterson, Council Member Maryott and Mayor Ferguson opposed. ROLL CALL: AYES: COUNCIL MEMBER: Reeve and Mayor Protem Farias NOES: COUNCIL MEMBER: Patterson, Maryott and Mayor Ferguson ABSENT: COUNCIL MEMBER: None H3 . CONSIDERATION OF DONATION OF CITY STREET SIGNS (150,10) - CONTINUED TO AUGUST 1, 2017 ADJOURNMENT : There being no further business Mayor Ferguson adjourned the meeting at 9:09 p.m. to Tuesday, August 1, 2017, at 4:00p.m. for Closed Session, and 5:00p.m. for the public Business Session, in the City Council Chamber. 7 7/18/2017 Respectfully submitted, Approved: August 1, 2017 ATTEST: ~~~ K R ' Y K . R ON , :YOR 8 7/18/2017