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
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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.
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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
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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
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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.
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.· 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.
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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.
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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