17-0117_CC_Minutes_Regular Meeting_Telephonic Meeting MINUTES
January 17, 2017
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
TELEPHONIC MEETING
BUSINESS SESSION:
Mayor Ferguson called the Regular and Telephonic Meeting of January 17, 2017, of the
City Council of the City of San Juan Capistrano to order at 5:39 p.m. in the
City Council Chamber with Council Member Patterson present at the Scottsdale Inn
Lobby, 5101 N. Scottsdale Road, Scottsdale, Arizona. Mayor Pro Tem Farias led the
Pledge of Allegiance and Council Member Maryott gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Kerry K. Ferguson, Mayor Pro Tem
Sergio Farias, and Council Members Derek Reeve, Pam Patterson 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 Ferguson reported on the following: Southern California Association of
Governments Meeting.
INTRODUCTIONS AND PRESENTATIONS:
B1. MAYOR PRO TEM FARIAS INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE: Gerald Muir, Parks, Recreation, Senior and Youth Services
Commission, Design Review Committee, and Youth Advisory Board;
Ron Denman and Thomas Perrin, Parks, Recreation, Senior and Youth Services
Commission; Cate Petersen and Hannah Kredel-Speer, Youth Advisory Board;
and Mark Speros, Planning Commission.
ORAL COMMUNICATIONS:
• Public Correspondence: Stephen M. Wontrobski, Mission Viejo resident; and,
Dawn Urbanek, San Clemente resident.
• Public Comments: Hannah Kedel-Speer, Youth Advisory Board; Rhen Kohan,
City resident; Dawn Urbanek, San Clemente resident (provided handout);
Michael Lux, City resident; Marta Kin, Fiesta Association; Steve Behmerwohld,
City resident; and, Frank Larkin, City resident.
1
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member
Maryott, and carried unanimously to approve consent calendar items 1 through 8, as
recommended by staff.
D1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
D2. REVIEW OF THE CHECK REGISTER FOR ELECTRONIC TRANSACTIONS
AND CHECKS DATED NOVEMBER 9, 2016, TO DECEMBER 22, 2016;
PAYROLL (CHECK) DATED DECEMBER 16, 2016; AND PAYROLL (DIRECT
DEPOSITS) DATED DECEMBER 16, 2016; AND PAYROLL (CHECK) DATED
DECEMBER 19, 2016; PAYROLL (CHECKS) DATED DECEMBER 30, 2016;
AND PAYROLL (DIRECT DEPOSITS) DATED DECEMBER 30, 2016,
RECEIVED AND FILED (330.30)
D3. CLAIM OF ROMELIA VELAZQUEZ DENIED BASED ON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURARNCE ADJUSTER,
CARL WARREN & COMPANY (170.70)
D4. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
D5. CULTURAL HERITAGE COMMISSION GOALS: JUNE 2016 — APRIL,
RECEIVED AND FILED (910.60)
D6. DONATION OF AN EAGLE SCOUT SERVICE PROJECT TO INSTALL TWO
BENCHES AND A PUBLIC TELESCOPE ATOP PATRIOT HILL PER
ADMINISTRATIVE POLICY NO. 103 "DONATIONS TO THE CITY," WHICH
ESTABLISHES PROCEDURES FOR THE ACCEPTING OR DECLINING OF
DONATIONS, ACCEPTED (150.10)
D7. AMENDED MEASURE M2 SEVEN-YEAR CAPITAL IMPROVEMENT
PROGRAM FOR FISCAL YEARS 2016-2017 THROUGH 2022-2023 FOR THE
ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA), INCLUDED AS
ATTACHMENT 1, APPROVED (800.70
D8. RESOLUTION NO. 17-01-17-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A "NO PARKING 8:00 P.M. — 5:00 A.M." ZONE
ON BOTH SIDES OF ALIPAZ STREET FROM VIA MONTEREY TO 230 FEET
SOUTHERLY (570.30)
2 1/17/2017
D9. CITY MANAGER AUTHORIZED TO MODIFY AND EXECUTE A REVISED
RETENTION AGREEMENT WITH THE LAW FIRM OF GOODIN, MACBRIDE,
SQUERI, AND DAY TO ASSIST THE CITY WITH THE CONTINUED
PROCESSING OF THE ADMINISTRATIVE REVIEW PROCEEDING AND
LITIGATION FOR THE SAN DIEGO GAS AND ELECTRIC COMPANY'S
SOUTH ORANGE COUNTY RELIABILITY ENHANCEMENT PROJECT
(SOCRE), IN AN AMOUNT NOT-TO-EXCEED AN ADDITIONAL $25,000, FOR
A TOTAL NOT TO EXCEED AMOUNT OF $430,000; AND APPROPRIATION
OF FUNDS FROM GENERAL FUND RESERVES FOR THESE ADDITIONAL
LEGAL AND CONSULTING SERVICES IN THE AMOUNT OF $25,000,
AND AN ADDITIONAL AMOUNT OF $240,000 FOR ADDITIONAL LEGAL
SERVICES PROVIDED BY BEST, BEST AND KRIEGER FOR CEQA
LITIGATION, APPROVED (600.30)
• Public Correspondence: Chris Lamont, City resident; and, Nancy French,
City resident.
Ben Siegel, City Manager, provided an agenda report and responded to
questions. Jeff Ballinger, City Attorney, responded to questions.
■ Public Comments: Steve Behmerwohld, City resident; and
Kathleen Petersen, City resident.
Moved by Council Member Patterson, seconded by Mayor Ferguson but motion
failed 1-4 with Council Member Reeve, Council Member Maryott, Mayor Pro Tem
Farias and Mayor Ferguson opposed to authorize the City Manager to modify
and execute a revised Retention Agreement with the law firm of Goodin,
MacBride, Squeri and Day to assist the City with the continued processing of the
Administrative Review Proceedings and litigation for the San Diego Gas and
Electric Company's South Orange County Reliability Enhancement Project
(SOCRE), in an amount not-to-exceed an additional $25,000, for a total not to
exceed amount of $430,000; and, approve an appropriation of funds from
General Fund Reserves for these additional legal and consulting services in the
amount of $25,000; and direct staff to request legal services proposals from other
law firms for CEQA litigation.
ROLL CALL:
AYES: COUNCIL MEMBER: Patterson
NOES: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson
ABSENT: COUNCIL MEMBER: None
3 1/17/2017
Council Action: Moved by Council Member Maryott, seconded by
Council Member Reeve, and carried 4-1 with Council Member Patterson
opposed to authorize the City Manager to modify and execute a revised
Retention Agreement with the law firm of Goodin, MacBride, Squeri and Day to
assist the City with the continued processing of the Administrative Review
Proceedings and litigation for the San Diego Gas and Electric Company's South
Orange County Reliability Enhancement Project (SOCRE), in an amount not-to-
exceed an additional $25,000, for a total not to exceed amount of $430,000; and,
approve an appropriation of funds from General Fund Reserves for these
additional legal and consulting services in the amount of $25,000, and an
additional amount of $240,000 for additional legal services provided by
Best, Best and Krieger for CEQA litigation.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson
NOES: COUNCIL MEMBER: Patterson
ABSENT: COUNCIL MEMBER: None
PUBLIC HEARINGS:
E1. CONTINUED PUBLIC HEARING TO CONSIDER ABANDONMENT AND SALE
OF CITY-OWNED PARK LAND, LOCATED AT THE NORTHWEST CORNER
OF INTERSECTION OF LA NOVIA AVENUE AND SAN JUAN CREEK ROAD,
TO SAN JUAN HILLS GOLD CLUB, LP, PURSUANT TO A SETTLEMENT
AGREEMENT — CONTINUED TO THE FEBRUARY 21, 2017, MEETING
(670.70)
Ben Siegel, City Manager, provided an agenda report.
Council Action: Moved by Council Member Maryott, seconded by
Council Member Reeve, and carried unanimously to continue the
Public Hearing regarding the abandonment and sale of City-owned park land to
San Juan Hills Golf Club, LP, pursuant to Municipal Park Abandonment Law of
1939 (Government Code Section 38501) to the Regular City Council Meeting of
February 21, 2017.
E2. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED
AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE CLARIFY THE
EXISTING PROHIBITIONS ON BOARDING HOUSES AND OTHER
TRANSITORY-LODGING USES IN RESIDENTIAL ZONES; AND ORDINANCE
FOUND EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) (420.30)
• Public Correspondence: Judith Anderson, City resident.
Sergio Klotz, Assistant Development Services Director, provided a PowerPoint
presentation. Ben Siegel, City Manager, and Jeff Ballinger, City Attorney,
responded to questions.
4 1/17/2017
Mark Speros, Planning Commission Chair, presented the views on the
recommendation provided; and Rob Williams, Planning Commissioner,
presented opposing views.
Mayor Ferguson opened the public hearing and invited public testimony.
• Public Testimony: Sharon McKeague, City resident; Laurie Girand,
City resident; Judith Anderson, City resident; Jeffrey Stern, City resident;
Sharon Sumich, City resident; Gladstone Anderson, City resident;
Warren Hanselman, City resident (provided PowerPoint presentation); and
Chuck Krolikowski, Newmeyer & Dillion LLP.
Mayor Ferguson closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Maryott, seconded by
Mayor Ferguson, and carried 4-1 with Council Member Reeve opposed 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 TITLE 1, GENERAL PROVISIONS,
TITLE 5, PUBLIC WELFARE, TITLE 6 SANITATION AND HEALTH, AND TITLE
9, LAND USE, CHANGING ENFORCEMENT PENALTIES AND CLARIFYING
REGULATIONS OF LOUD NOISE, OTHER NUISANCES, AND LODGING
USES CITYWIDE;" and Ordinance found to be exempt from California
Environmental Quality Act (CEQA).
ROLL CALL:
AYES: COUNCIL MEMBER: Patterson, Maryott, Farias and Mayor Ferguson
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
ADMINISTRATIVE ITEMS:
F1. PUBLIC WORKS
a. STAFF DIRECTED TO UNDERTAKE PROCEEDINGS TO VACATE A 10 FOOT
WIDE CITY LANDSCAPE EASEMENT ON THE WESTERLY SIDE OF
AVENIDA SIEGA, NORTHERLY OF CALLE ARROYO, BEHIND PROPERTIES
AT 28481, 28482, AND 28472 VIA ORDAZ (670.50)
Steve May, Public Works and Utilities Director, provided a PowerPoint
presentation and responded to questions.
• Public Comments: Mark Speros, Applicant, provided a PowerPoint
presentation; Rob Williams, City resident; and, Anna Dickinson,
City resident.
5 1/17/2017
Council Action: Moved by Council Member Reeve, seconded by i
Council Member Maryott, and carried unanimously to direct staff to undertake
proceedings to vacate a 10 foot wide City landscape easement on the westerly
side of Avenida Siega, northerly of Calle Arroyo, behind properties at 28481,
28482, and 28472 Via Ordaz.
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS:
G1. APPOINTMENTS MADE TO THE SAN JUAN CAPISTRANO CITY
FOUNDATION: JIM CORBETT, DIRECTOR/PRESIDENT; PATRICIA MARTZ,
DIRECTOR/VICE-PRESIDENT; RENEE TAYLOR, DIRECTOR/SECRETARY;
GERALD MUIR, DIRECTOR/TREASURER; JIM ADAMS, DIRECTOR;
TYLER MAROLF, DIRECTOR; AND, KIM MCCARTHY, DIRECTOR
Mayor Ferguson and Mayor Pro Tem Farias, Mayoral Sub-Committee, provided
recommendations for appointments. Ben Siegel, City Manager, Jeff Ballinger,
City Attorney, and Jacob Green, Assistant City Manager, responded to
questions.
Council Action: Moved by Mayor Ferguson, seconded by
Mayor pro tem Farias, and carried 3-2 with Council Member Patterson and
Council Member Maryott opposed to make the following appointments to the
San Juan Capistrano City Foundation: Jim Corbett, Director/President;
Patricia Martz, Director/Vice-President; Renee Taylor, Director/Secretary;
Gerald Muir, Director/Treasurer; Jim Adams, Director; Tyler Marolf, Director; and,
Kim McCarthy, Director.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Farias and Mayor Ferguson
NOES: COUNCIL MEMBER: Reeve and Patterson
ABSENT: COUNCIL MEMBER: None
6 1/17/2017
ADJOURNMENT:
There being no further business Mayor Ferguson adjourned the meeting at 8:45 p.m.
to Friday, January 27, 2017, at 9:00 a.m. for a City Council Retreat, in Marie Callender's
Restaurant Banquet Room, at 31791 Del Obispo Street, San Juan Capistrano; and then
to Tuesday, February 7, 2017, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the
public Business Session, in the City Council Chamber.
Respectf Ily submitt ,d,
A l")MARIA MORRI CITY CLERK
Approved: February 7, 2017
ATTEST:
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KE qY K. E S N YOR
7 1/17/2017
NOTICE OF ADJOURNMENT OF MEETING OF
CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano,
California, adjourned its Regular and Telephonic Meeting of January 17, 2017, at 8:45
p.m., on to Friday, January 27, 2017, at 9:00 a.m. for a City Council Retreat, in Marie
Callender's Restaurant Banquet Room, at 31791 Del Obispo, San Juan Capistrano; and
then to Tuesday, February 7, 2017, at 4:00 p.m. for Closed Session, and 5:00 p.m. for a
public Business Session in the City Council Chamber 32400 Paseo Adelanto,
San Juan Capistrano.
DATED January 18 017
M@ria Morris, City C rk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby declare
that the above Notice was posted at or near the door of the City Council Chamber on
January 18, 2017, within 24 hours of adjournment of the above-named meeting.
I declare under penalty of perjury that the foregoing is true and correct.
r (0
for
Mari Morris, Ci Clerk
NOTICE OF A CONTINUED PUBLIC HEARING
OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
`— NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan
Capistrano, California, continued the following Public Hearing:
Continued Public Hearing to Consider Abandonment and Sale of City-
Owned Park Land, Located at the Northwest Corner of the Intersection of
La Novia Avenue and San Juan Creek Road, to San Juan Hills Golf Club,
LP, pursuant to a Legal Settlement Agreement
From the Regular and Telephonic Meeting of January 17, 2017, 5:00 p.m., to the
Regular Meeting to be held February 21, 2017, at 5:00 p.m. in the City Council
Chamber, 32400 Paseo Adelanto, San Juan Capistrano.
DATED: January 111 2017
Maria orris, City CI
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby
declare that the above Notice was posted at or near the door of the City Council
Chamber on January 18, 2017, within 24 hours of adjournment of the above-
named meeting.
I declare r penalb of pe ry that the foregoing is true and correct.
Ma ' rris, City ler
L