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.
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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.
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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
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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
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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)
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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.
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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.
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Respectfully submitted,
Approved: August 1, 2017
ATTEST:
~~~ K R ' Y K . R ON , :YOR
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