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17-0221_CC_Minutes_Regular MeetingMINUTES February 21, 2017 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Ferguson called the Regular Meeting of February 21, 2017 , of the City Council of the City of San Juan Capistrano to order at 5 :39 p.m. in the City Council Chamber. Mayor pro tern Farias led the Pledge of Alleg ia nce and Mayor Ferguson gave the invocation. ROLL CALL: COUNCIL MEMBERS PRESENT: Mayor Kerry K. Ferguson, Mayor Pro Tern Sergio Farias, and Council Members Pam Patterson 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: • Council Member Maryott reported on the following: Transportation Corridor Agencies Meeting. • Mayor Pro Tern Farias invited Orange County Fire Autho rity Division Chief, John Abel to provide a PowerPoint presentation on a recent horse rescue in San Juan Capistrano . • Council Member Patterson reported on the following : SONGS Decommissioning Community Engagement Panel Meeting. • Mayor Ferguson reported on the following: Luminance Health Care Group Ribbon Cutting Ceremony; Kids Academia Ribbon Cutting Ceremony; Capistrano Mazda Groundbreakin !~ Ceremony; and, Orange County Fire Authority's Best and Bravest Dinner. INTRODUCTIONS AND PRESENTATIONS : B1 . MAYOR PROTEM 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; Jack Hunt, Utilities Commission; Emily Friess and Ella Friess, Youth Advisory Board; Sandra Hutchens, Orange County Sheriff; Adam Powell, Orange County Assistant Sheriff; and, Jim England, Orange County Captain . B2 . MICHAEL PADILLA RECOGNIZED AS DEPUTY OF THE YEAR B3 . PAT FELT RECOGNIZED AS SENIOR ACTION PROGRAM (ASAP) VOLUNTEER OF THE YEAR 1 ORAL COMMUNICATIONS: • Public Correspondence: Steve Wontrobski, Mission Viejo resident; and, Kathy Hooper, City resident. • Public Comments: Emily Friess , Youth Advisory Board; Kathy Hooper, City resident ; Dennis Draper, City resident (provided handout); Frank Larkin, City resident; Tony Capitelli, Orange County Realtors; Rhen Kohan , City resident; Wayne Brown, South Orange County Economic Coalition (provided handout); and, Steve Wontrobski, Mission Viejo resident. PUBLIC HEARINGS: D1. PROCESS FOR ABANDONMENT AND SALE OF CITY-OWNED PARK LAND PURSUANT TO THE MUNICIPAL PARK ABANDONMENT LAW OF 1939 (GOVERNMENT CODE SECTION 38501 }, TERMINATED; AND INCREASE WATER FUND APPROPRIATIONS BY $400,000 FOR THE ADDITIONAL SETTLEMENT PAYMENT REQUIRED IN LIEU OF THE PREVIOUSLY NEGOTIATED PROPERTY SALE, APPROVED (670.70) • Public Correspondence: Chadd Godfrey, City resident ; Katherine Godfrey , City resident; Mark Speros, City resident ; Thomas, Liebich, City resident ; Mary Kelly, City resident; Jake Godfrey, City resident ; Mark Stoner, City resident; Mike Johnson, City resident; Tony Woods, City resident ; Anne Fox, City resident; Dan and Jeanne Dague, City residents; JoAnne DeYonker, City resident; Susan King, City resident; Kevin Hutchinson , City resident; David Weaver, City resident; Tammy Traverso, City resident; Frank Markley, City resident; Marina Dupuis, no residence provided; Reni Vidovich, no residence provided; Claude Weatherwax, City resident; Ken Silver, City resident; Dr. Gary Johnson and Dr. Julie Ryan Johnson, City residents; Deb Piscitelli, City resident; Mario Bassi, City resident; Kathleen Deane , no residence provided ; Jack and Chery l Stavana, City residents; Shirley J . Voyles , City resident ; Mary Kelly , City resident; Staci Treloggen Saunders , City resident ; Christine Trudeau , City resident; Tom Ferruzzo, City resident ; Gary Dorris , City resident ; Kari Adams, City resident; William Shiel MD, City resident; Richard Hill Adams, City resident; Darin McCoy, City resident; Julie Kilduff, City resident; Bob Reckinger , City resident ; David and Connie Jensen, City residents; Deborah Winders , City resident; Robert and Sandy Savanich, City residents; Paul Brady , City resident; Jeff Winders, City resident; Don Bennett , City resident; Mechelle and Joe Adams, City residents; Tom and Karen Howell , City residents ; Doug Melland , City resident; Nick Cucuk, San Juan Capistrano Business Park ; M ike and Kathi Imlay, C ity residents ; Peter A. Parsons , City resident ; Renee Ritchie, City resident ; Tom and Lorraine Hoon , City residents ; Ruth A. Clark, City resident; and William G. Malcom, Esq., City resident. 2 2/21/2017 Charlie View, Project Manager, provided an agenda report and responded to questions. Ben Siegel, City Manager, responded to questions. Mayor Ferguson opened the public hearing, and invited public testimony. • Public Testimony: John Perry, City resident (provided handout); Scott Hunter, City resident; and, Mike Johnson, City resident. Mayor Ferguson closed the public hearing. Council Action: Moved by Council Member Maryott, seconded by Mayor Pro Tern Farias , an carried 3-1-0 with Council Member Patterson opposed and Council Member Reeve absent to terminate the process for abandonment and sale of City-owned park land pursuant to the Municipal Park Abandonment Law of 1939 (Government Code Section 38501); and, increase Water Fund appropriations by $400,000 for the additional settlement payment required in lieu of the previously negotiated property sale. ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER: Maryott, Farias and Mayor Ferguson COUNCIL MEMBER: Patterson COUNCIL MEMBER: Reeve CONSENT CALENDAR: E1. MOTION TO READ ORDINANCE BY TITLE ONLY -CONTINUED TO MARCH 7, 2017 E2. CITY COUNCIL MINUTES -SPECIAL MEETING OF FEBRUARY 7, 2017 (CLOSED SESSION)-CONTINUED TO MARCH 7, 2017 E3. CITY COUNCIL MINUTES-REGULAR MEETING OF FEBRUARY 7, 2017- CONTINUED TO MARCH 7, 2017 E4. CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED JANUARY 20, 2017, TO FEBRUARY 2, 2017; PAYROLL (CHECKS) DATED JANUARY 27, 2017; AND PAYROLL (DIRECT DEPOSITS) DATED JANUARY 27, 2017, RECEIVED AND FILED (300.30) -CONTINUED TO MARCH 7, 2017 ES. ADOPTION OF AN ORDINANCE RESTRUCTURING AND MERGING THE PARKS, RECREATION, YOUTH AND SENIOR SERVICES COMMISSION AND THE TRAILS AND EQUESTRIAN COMMISSION TO A NEW PARKS, RECREATION, YOUTH AND SENIOR SERVICES, TRAILS AND EQUESTRIAN COMMISSION (110.20)-CONTINUED TO MARCH 7, 2017 E6. DECLARATION OF VACANCIES FOR THE ANNUAL APPOINTMENTS FOR YOUTH MEMBERS TO THE YOUTH ADVISORY BOARD (110.20) - CONTINUED TO MARCH 7, 2017 3 2/21/2017 E7. CONSIDERATION OF DECLARING A VACANCY ON THE CITIZENS' BOND OVERSIGHT AD-HOC COMMITTEE (340.20) -CONTINUED TO MARCH 7, 2017 EB. NEW DEVELOPMENT APPLICATION STATUS REPORT (440.10) - CONTINUED TO MARCH 7, 2017 E9. CONSIDERATION OF DENIAL OF CLAIM CHRISTIAN GALINDO/BRIGHTVIEW LANDSCAPE (170.1 0) CONTINUED TO MARCH 7, 2017 E10. CONSIDERATION OF INITIATION OF AN AMENDMENT TO SECTION 9-2.349 (TREE REMOVAL PERMIT) OF THE SAN JUAN CAPISTRANO LAND USE CODE TO STREAMLINE THE PERMIT PROCESS (CA 17-002) (420.30) - CONTINUED TO MARCH 7, 2017 E11 . CONSIDERATION OF INITIATION OF AN AMENDMENT TO SECTION 9-3.535 (PARKING) OF THE SAN JUAN CAPISTRANO LAND USE CODE, TO CLARIFY THE PARKING STANDARDS FOR CONVENIENCE MARKET USES (CA 17-003) (420.30)-CONTINUED TO MARCH 7, 2017 E12 . LANDLORD WAIVER FORM TO ALLOW CHASE BANK AND VOLKSWAGEN CREDIT TO RECOVER FINANCED VEHICLE INVENTORY FROM THE CITY- OWNED LOWER ROSAN PROPERTY IN THE CASE OF LOAN DEFAULT OR DEFAULT ON THE LICENSE PAYMENT BY CAPISTRANO VOLKSWAGEN AND CAPISTRANO MAZDA (390.30)-CONTINUED TO MARCH 7, 2017 E13 . CONSIDERATION OF AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF THE 2015 RECYCLED WATER CONVERSION PROJECT (CIP 17201) (DUDEK) (600.30) -CONTINUED TO MARCH 7, 2017 E14 . CONSIDERATION OF REJECTING BIDS AND AUTHORIZING STAFF TORE- ADVERTISE AND RECEIVE CONSTRUCTION BIDS FOR THE CITYWIDE STREET NAME SIGN REPLACEMENT PROJECT (CIP 11101) (600.30) - CONTINUED TO MARCH 7, 2017 E15 . CONSIDERATION OF A RESOLUTION FOR NOTICE OF COMPLETION FOR THE SAN JUAN CAPISTRANO PUBLIC LIBRARY EXTERIOR REPAIRS AND PAINTING PRO J ECT (CIP 15302 ) (TL VETERANS CONSTRUCTION, INC.) (600.30)-CONTINUED TO MARCH 7, 2017 4 2/21/2017 ADMINISTRATIVE ITEMS: F1. CITY ATTORNEY a. INTERIM URGENCY ORDINANCE NO. 1044 ADOPTED ENTITLED "AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, IMPOSING A MORATORIUM ON THE CONVERSION/CHANGE OF ANY MOBILEHOME PARK CURRENTLY EXISTING IN THE CITY FROM A PARK OCCUPIED PRIMARILY OR EXCLUSIVELY BY RESIDENTS OVER THE AGE OF 55 YEARS (SENIOR RESIDENTS) TO A MOBILEHOME PARK ALLOWING RESIDENTS OF ALL AGES AND DECLARING THE URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY." • Public Correspondence: Donna Keeslar, City resident; Daryl Hand, City resident; Kari McGrath, City resident ; John Porcelli , City resident ; Daniel and Linda Dinsmoor, City res idents; Lenore Macafee , City resident; John Riordan, City resident ; Ken Robuck , City resident ; Dennis B. Bean, City resident; Carolyn Johnson , no residence provided ; Julie Haley, City resident; Roy Tate , City resident ; Patr icia Kenahan , City resident; Vickie Talley , Manufactured Housing Educational Trust ; Tricia and Mat McClelland, City residents ; Laurie Jensen , City resident; Virginia Garrison , no residence provided ; James Fania , no residence provided ; Lynn S. Zupan , City resident ; Dick and Monica Narveson , City residents ; Sandy Behnke , City resident ; Rhyne Averill , City residen t; and Cindy Parker, City resident. Jeff Ballinger, City Attorney, provided an agenda report and responded to questions . • Public Comments: Art Oronoz, El Nido Mobile Home Estates Homeowners Association; Mike Cirillo, El Nido Mobile Home Estates Property Manager; Vickie Talley, Manufactured Housing Educational Trust ; Ellen Fischer , City resident; Carol Bunkman , City resident ; Tom Perrin , City resident ; Gregory Nellis, City resident ; Bob Boyer, City resident ; Joseph Stark , City resident; Julie Paule, Western Manufactured Housing Communities Association; Kathryn Zollars, City resident ; Kathy Abney , City res ident ; Chuck Hauswirth, City resident ; Suzanne Tavenner , City resident; Nicholas Basakis, City resident ; Trisha McClelland , City resident ; Daryl Han, City resident; Janet Austin , City resident ; Mary Jo Ba retich , Golden State Manufactured-home Owners League ; Huntington Beach resident, no name provided; and, Renee Harris, City resident. Mayor Pro Tern Fa rias made a motion to table the item to March 7, 2017, the motion was seconded by Council Member Patterson, but motion failed due to approved substitute motion. 5 2/21/2017 .· Maria Morris, City Clerk, read the title of the Ordinance. Substitute Council Action: Moved by Council Member Maryott, seconded by Council Member Patterson , and carried 4-0 with Council Member Reeve absent to adopt INTERIM URGENCY ORDINANCE NO. 1044 entitled "AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, IMPOSING A MORATORIUM ON THE CONVERSION/CHANGE OF ANY MOBILEHOME PARK CURRENTLY EXISTING IN THE CITY FROM A PARK OCCUPIED PRIMARILY OR EXCLUSIVELY BY RESIDENTS OVER THE AGE OF 55 YEARS (SENIOR RESIDENTS) TO A MOBILEHOME PARK ALLOWING RESIDENTS OF ALL AGES AND DECLARING THE URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY." ROLL CALL: AYES : NOES: ABSENT: COUNCIL MEMBER: Maryott, Patterson, Farias and Mayor Ferguson COUNCIL MEMBER: None COUNCIL MEMBER: Reeve F2 . COMMUNITY SERVICES a. CONSIDERATION OF A STREET CLOSURE AND FULL FEE WAIVER REQUEST FOR CHILl COOK-OFF AT CITY OWNED PARKING LOT (LOVE LOT) LOCATED AT 31785 EL CAMINO REAL ON MAY 20, 2017 (SWALLOW'S INN FOUNDATION) (390.30) CONTINUED TO MARCH 7, 2017 F3 . DEVELOPMENT SERVICES a. CONTINUED CONSIDERATION OF AUTHORIZING PROPERTY ASSESSED CLEAN ENERGY (PACE) FINANCING PROGRAMS IN THE CITY OF SAN JUAN CAPISTRANO (630.40)-CONTINUED TO MARCH 7, 2017 • Public Correspondence: Dustin Reilich, Renovate America; Michael md, City resident ; Ralph Lambros, City resident; Cheryl Brooks, City resident; Anne Salas , City resident ; Jim Schaffer, City resident; Samantha Wagner, City resident; Claudia Duarte, City resi dent ; Joseph Toma, City resident; Marilee Miller, City reside nt; Ben Rotz, Mission Viejo resident; Diane Landeros, City resident ; Rick Davis ; City reside nt ; Tony Capitelli , Orange County Association of Realtors ; Cassandra Ginn , City resident; Chris Rollison , City reside nt ; Wayne Woodyard, Orange County Association of Realtors ; Emily Goodwin , Ygrene Energy Fund ; Vincent Lentini , City resident; Benson Kane, Villa Park resident ; Mike Schmel , Fountain Valley resident; Frank Szalwinski, City resident ; Yvonnie Martin , Hawthorne resident; James Shuler, Palm Desert resident; Anthony Maes, Santa Ana resident; Betsy Markos, City resident; Debbie Tan Tan, Menifee resident; Ronalda David, Glendale resident; Tom Nguyen, Midway City resident; Jose Guevara, San Diego resident; Ronnie Lamborn, Clovis resident; Annette Corona, City resident; and Milagros Terry, Fullerton resident. 6 2/21/2017 SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Successor Agency Meeting of February 21, 2017, not conducted) COUNCIL ACTION ITEMS: H1. STAFF DIRECTED TO COORDINATE WITH THE CHAMBER OF COMMERCE AND DIFFERENT ORGANIZATIONS IN TOWN TO DEVELOP A MASTER CALENDAR OF EVENTS FOR INTERNAL STAFF USE, LIMITED TO SUMMER MONTHS, AND ONLY FOR MAJOR BUSINESSES/EMPLOYERS (150.60) Mayor Ferguson provided a report. Ben Siegel, City Manager, responded to questions. • Public Comments: Carolyn Franks, Chamber of Commerce. Mayor Ferguson made a motion to direct staff to work with various group and venues in the downtown area of San Juan Capistrano to develop an on -going Master Calendar of events in order to help the City better respond to the needs of visitors and attendees, especially as regards parking availability ; and , bring a Master Calendar back to Council by May of 2017 , but motion failed due to approved substitute motion. Substitute Council Action: Moved by Council Member Patterson, seconded by Mayor Pro Tern Farias , and carried 4 -0 with Council Member Reeve absent to direct staff to coordinate with the Chamber of Commerce and different organizations in town to develop a Master Calendar of Events for internal staff use, limited to summer months, and only for major businesses/employers. ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER: Maryott, Patterson, Farias and Mayor Ferguson COUNCIL MEMBER: None COUNCIL MEMBER: Reeve H2. CONSIDERATION OF DETAIL TRANSACTION FOR REVENUES AND EXPENDITURES (300.10)-NO FORMAL ACTION TAKEN Council Member Patterson provided a report. Ben Siegel, City Manager; Jeff Ballinger , City Attorney ; and , Ken Al-lmam, Chief Financial Officer/City Treasurer, responded to questions. • Public Comments: Steve Behmerwohld, City resident. Council Member Patterson made a motion to direct staff to present monthly revenue and expense reports, with full transaction detail, including a detailed general ledger report with account names and account numbers ; and ~alance sheet statements showing year-to-date activity in each account , and the percentage of budget exhausted. Also , monthly detailed check register , including account name, copies of checks for the month or electronic transactions, and supporting invoices and supporting documentation, but motion failed for a lack of a second. 7 2/21/2017 H3. DISCUSSION OF FORMATION OF A JOINT POWERS AUTHORITY BETWEEN SOUTH COUNTY CITIES FOR LEGAL DEFENSE REGARDING TRANSITORY LODGING (420.10)-NO FORMAL ACTION TAKEN Mayor Ferguson provided a report. H4. DISCUSSION REGARDING REINSTATING THE CITIZENS LEADERSHIP ACADEMY (150.10)-CONTINUED TO MARCH 7, 2017 H5. UPDATE PROVIDED ON THE STUDY FOR THE PROPOSED "RIVER STREET" PROJECT TO AL LOW GENERAL RETAIL , EATING AND DRINK ING ESTABLISHMENTS, AND OFFICE AND WELLNESS USES ON THE ITO NURSERY PROPERTY, INITIATED BY THE CITY COUNCIL AT ITS OCTOBER 4, 2016, MEETING; AND, REVIEW PROVIDED OF THE LAND USE GOALS OF THE LOS RIOS SPECIFIC PLAN, INCLUDING THE UPCOMING REVIEW BY THE DESIGN REVIEW COMMITTEE (420.30) Council Member Patterson provided a report. Joel Rojas , Development Serv ices Director, provided an update on the study for the proposed River St reet Project and responded to questions. Ben Sieg el, City Manager, and Maria Morris , City Clerk, responded to questions. • Public Comments: Stephen Rios , City resident ; Dave Davidson , City resident ; Mary Ann Davidson , C ity resident; Dave Bache lder , City resident ; Jeff Vazquez , City resident ; Carolyn Franks , City business owner; Kathy Sand haus , City res ident; Michael Laux , City res ident ; Scott Young , City resident ; Tyler Marolf, City residen t; Stacey Fitts , City res ident; Ann Rona , City resident ; Steve Behmerwohld , City resident ; John Campbell , City resident ; Mike Johnson , City resident ; Marc Simpson , City resident ; Anna Dickinson, City resident ; Harrison Taylor , City residen t; and , Sheree Ito , Ito Nursery . ADJOURNMENT: T ~e\e b~· g no further business Mayor Ferguson adjourned the meeting at 10 :08 p.m . to · TL s , March 7, 2017, at 4:00 p.m. for Closed Session , and 5:00 p.m. for the publ 1 mess Session , in the City Council Chamber. 2/21/2017