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17-0321_CC_Minutes_Regular MeetingMINUTES March 21, 2017 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION : Mayor Ferguson called the Regular Meeting of March 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. Council Member Maryott led the Pledge of Allegiance and Mayor Pro Tern Farias gave the invocation. ROLL CALL: COUNCIL MEMBERS PRESENT: Mayor Kerry K. Ferguson, Mayor Pro Tern 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: • Council Member Patterson reported on the following: attending a Vector Control Meeting . • Mayor Pro Tern Farias made clarifications from the last City Council meeting on his attendance at an event/meeting . • Mayor Ferguson reported on the following: attending the Association of California Cities -Orange County (ACC-OC) Advocacy Trip; and, the Saint Joseph's Day at the Mission. 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; Thomas Perrin, Parks, Recreation, Senior and Youth Services Commission; Jill Hanna, Trails and Equestrian Commission ; and, Jack Hunt, Utilities Commission. ORAL COMMUNICATIONS: • Public Comments: Jill Hanna , City resident; Paul Yevilov, City business owner; Sheryl Yevilov, City business owner; Laurie Hanten, City resident; Stephen Wontrobski, Mission Viejo resident; Monique Rea, City resident; Barbara Szemenyei, City resident (provided handout); Scott Schumacher, City resident; Natalie Schumacher, City resident; Clint Worthington, City resident; Steve Behmerwohld, City resident; Rhen Kohan , City resident. 1 PUBLIC HEARINGS: None . CONSENT CALENDAR: Council Action: Moved by Council Member Reeve, seconded by Mayor Pro Tern Farias, and carried unanimously to approve consent calendar items E1, E5, E6, E7, and E1 0 through E13, as recommended by staff, with Council Member Maryott abstaining from consent calendar items E2 and E3, and Mayor Ferguson abstaining from consent calendar E4 . E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED . E2 . CITY COUNCIL MINUTES -REGULAR MEETING OF MARCH 7, 2017 (CLOSED SESSION), APPROVED ROLL CALL: AYES: NOES: ABSENT : ABSTAINED: COUNCIL MEMBER: Reeve, Patterson, Farias and Mayor Ferguson COUNCIL MEMBER: None COUNCIL MEMBER: None COUNCIL MEMBER: Maryott E3 . CITY COUNCIL MINUTES -REGULAR MEETING OF MARCH 7, 2017, APPROVED Counci l Actio n: Moved by Mayor Ferguson, seconded by Council Member Reeve, and carried 4-1 with Council Member Maryott abstained to approve the City Council Minutes for the Regular Meeting of March 7, 2017, with the following correction to page 6: Council Member Patterson made a substitute motion, seconded by Mayor Patterson Ferguson, but motion failed 2-2-0 with Mayor Pro Tern Farias and Council Member Reeve opposed, and Council Member Maryott absent to authorize the City Manager to negotiate a contract with the highest ranking firm SCS Energy Solutions for converting City street lights from high pressure sodium to light emitting diode (LED) technology; and, direct the City Manager to return to the City Council by May 2, 2017, with a proposed project schedule and recommendations for consideration of a contract with SCS Energy Solutions for LED street light conversion, and consideration of financing agreements with SCS Energy Solutions. ROLL CALL: AYES: NOES: ABSENT: ABSTAINED: COUNCIL MEMBER: Reeve, Patterson, Farias and Mayor Ferguson COUNCIL MEMBER: None COUNCIL MEMBER: None COUNCIL MEMBER: Maryott 2 3/21/2017 E4 . CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED FEBRUARY 17, 2017, TO MARCH 2, 2017; PAYROLL (CHECKS) DATED FEBRUARY 24, 2017; AND PAYROLL (DIRECT DEPOSITS) DATED FEBRUARY 24, 2017, RECEIVED AND FILED (300.30) Mayor Ferguson abstained on abundance of caution due to payments that are in proximity to her residence. Council Member Patterson made a motion not to approve the expenditures for Doggie Walk Bags, Inc ., San Diego Gas and Electric, and lnterwest Consulting Group, but motion failed due to approved substitute motion. Mayor Ferguson made a substitute motion to direct staff to look into the possibilities of significantly less expensive source for pet clean up bags for parks, and bring back to a future Council meeting, but motion failed due to approved substitute motion. Substitute Council Action: Moved by Council Member Reeve, seconded by Mayor Pro Tem Farias, and carried 3-2 with Council Member Patterson and Mayor Ferguson opposed to receive and file Check Register for Electronic Transactions and Checks dated February 17, 2017, to March 2, 2017; Payroll (Checks) dated February 24, 2017; and Payroll (Direct Deposits) dated February 24, 2017; and direct staff to bring back at a future meeting possible less expensive alternatives for the pet clean up bags for parks matter. ROLL CALL: AYES : NOES : ABSENT: COUNCIL MEMBER: Reeve, Maryott, and Mayor ProTem Farias COUNCIL MEMBER: Patterson and Mayor Ferguson COUNCIL MEMBER: None E5 . NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.1 0) E6 . CLAIM OF SUSAN CRANE DENIED BASED ON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170 .70) E7 . CLAIM OF ANTHONY HSU DENIED BASED ON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) E8 . CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CERTIFIED RECORDS MANAGEMENT FOR A TERM OF 10 YEARS, IN AN AMOUNT OF $12,000 ANNUALLY FOR A TOTAL NOT TO EXCEED AMOUNT OF $120,000, FOR OFFSITE RECORDS STORAGE, RETRIEVAL, AND DESTRUCTION (600.30) • Public Correspondence: Keith Wasnok, Storetrive, LLC. 3 3/21/2017 Maria Morris, City Clerk, provided an agenda repot. Ben Siegel, City Manager, responded to questions. • Public Comments: Keith Wasnok, Storetrieve, LLC . 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 Professional Services Agreement with Certified Records Management for a term of 10 years, in an amount of $12,000 annually for a total not to exceed amount of $120,000, for offsite records storage, retrieval, and destruction. ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson COUNCIL MEMBER: Patterson COUNCIL MEMBER: None E9 CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CNC ENGINEERING, INC. TO PERFORM ENGINEERING DESIGN SERVICES TO PREPARE PAVEMENT DESIGN, SPECIFICATIONS, AND COST ESTIMATES FOR LOCAL STREETS IN THE CAPISTRANO VILLAS NEIGHBORHOOD FOR AN AMOUNT NOT TO EXCEED $183,100, WHICH INCLUDES A 10% CONTINGENCY (CIP 17105); AND, CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GHD, INC. TO PERFORM ENGINEERING DESIGN SERVICES TO PREPARE PAVEMENT DESIGN, SPECIFICATIONS, AND COST ESTIMATES FOR LOCAL STREETS IN THE MEREDITH CANYON NEIGHBORHOOD FOR AN AMOUNT NOT TO EXCEED $229,200, WHICH INCLUDES A 10% CONTINGENCY (CIP 171 05) (600.30) Steve May, Public Works and Utilities Director, responded to questions . Council Action : Moved by Council Member Reeve, seconded by Council Member Maryott, and carried unanimously to authorize the City Manager to execute a Professional Services Agreement with CNC Engineering, Inc. to perform engineering design services to prepare pavement design, specifications, and cost estimates for local streets in the Capistrano Villas Neighborhood for an amount not to exceed $183,100, which includes a 10% contingency (CIP 171 05); and, authorize the City Manager to execute a Professional Services Agreement with GHD, Inc. to perform engineering design services to prepare pavement design, specifications, and cost estimates for local streets in the Meredith Canyon Neighborhood for an amount not to exceed $229,200, which includes a 10% contingency (CIP 171 05). E1 0. AMENDMENT NO. 1 TO THE PERSONAL SERVICES AGREEMENTS FOR CHEMICAL SUPPLY AND DELIVERY WITH BRENNTAG PACIFIC, INC. AND KING LEE CHEMICAL COMPANY, EXTENDING THE TERMS THROUGH JUNE 30, 2017, APPROVED (600.30) 4 3/21/2017 E11. ALL BIDS RECEIVED FOR THE RECYCLED WATER SERVICE CONVERSIONS PROJECT (CIP 16601), REJECTED; AND, STAFF AUTHORIZED TO REDUCE THE SCOPE OF THE PROJECT, AND RE- ADVERTISE AND RECEIVE CONSTRUCTION BIDS FOR THE MODIFIED VERSION OF THE PROJECT (600.30) E12. SUBMITTAL OF THE UPDATED CITY OF SAN JUAN CAPISTRANO JURISDICTIONAL RUNOFF MANAGEMENT PLAN (JRMP) TO THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD (SDRWQCB), APPROVED; COUNTY OF ORANGE'S SUBMITTAL, ON BEHALF OF THE CITY, OF THE WATER QUALITY IMPROVEMENT PLAN (WQIP) TO THE SDRWQCB IN COMPLIANCE WITH THE MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT (MS4 PERMIT), APPROVED; PUBLIC WORKS AND UTILITIES DIRECTOR AUTHORIZED TO MAKE CHANGES TO THE JRMP AND WQIP AFTER SUBMITTAL TO THE SDRWQCB IN RESPONSE TO VALID, REASONABLE REQUESTS FOR CHANGES, CONSISTENT WITH THE MS4 PERMIT IN ORDER TO OBTAIN THE ACCEPTANCE FROM THE SDRWQCB, AND TO IMPLEMENT THE JRMP AND WQIP THEREAFTER; AND, PUBLIC WORKS AND UTILITIES DIRECTOR AUTHORIZED TO MAKE ANNUAL CHANGES TO THE WQIP AND JRMP THAT ARE CONSISTENT WITH THE MS4 PERMIT (1 050.80) E13. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HABITAT RESTORATION SCIENCES, INC. TO EXTEND THE TERM OF THE PERSONAL SERVICES AGREEMENT TO MARCH 31, 2018, FOR THE FINAL IMPLEMENTATION AND MAINTENANCE OF THE 2C RANCH-TRABUCO CREEK HABITAT RESTORATION PLAN (600.30) E14. PARKS, RECREATION, SENIOR AND YOUTH SERVICES COMMISSION'S RECOMMENDATION TO ACCEPT THE PROPOSED SIGNAGE (PLANT /DENT/FICA TION SIGNS) DONATION (FOR REATA PARK AND EVENT CENTER GARDENS AND LOS R/OS PARK BUTTERFLY GARDENS) FROM GOIN NATIVE THERAPEUTIC GARDENS, APPROVED (920.40) Mayor Ferguson presented pictures of the proposed signage donation . Council Action: Moved by Council Member Reeve, seconded by Mayor Ferguson, and carried 4-1 with Council Member Patterson opposed to accept the Parks, Recreation, Senior and Youth Services Commission's recommendation to accept the proposed signage (plant identification signs) donation (for Reata Park and Event Center Gardens and Los Rios Park Butterfly Gardens) from Goin Native Therapeutic Gardens. ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson COUNCIL MEMBER: Patterson COUNCIL MEMBER: None 5 3/21/2017 ADMINISTRATIVE ITEMS: F1. FINANCE a. FISCAL YEAR 2016-17 SECOND QUARTER FINANCIAL REPORT, RECEIVED AND FILED; PROPOSED ADJUSTMENTS TO THE CITY'S OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS APPROVED AS PRESENTED; AND, RESOLUTION NO. 17-03-21-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 16-06-21-07, THE CITY'S CLASSIFICATION AND COMPENSATION PLAN, TO ADD THE CLASSIFICATION OF CITY ENGINEER" (330.20/700.20) Ken Al-lmam, Chief Financial Officer, provided a PowerPoint presentation and responded to questions. Ben Siegel, City Manager provided an overview of the proposed budget adjustments. Jacob Green, Assistant City Manager, responded to questions. • Public Comments: Clint Worthington, City resident. Counc i l Ac t ion: Moved by Council Member Reeve, seconded by Mayor Pro Tern Farias, and carried 4-1 with Council Member Patterson opposed to receive and file the Fiscal Year 2016-17 Second Quarter Financial Report; approve the proposed adjustments to the City's Operating and Capital Improvements Program budgets as presented; and, adopt RESOLUTION NO. 17-03-21-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 16-06-21-07, THE CITY'S CLASSIFICATION AND COMPENSATION PLAN, TO ADD THE CLASSIFICATION OF CITY ENGINEER." ROLL CALL : AYES: NOES: ABSENT: F2. UTILITIES COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson COUNCIL MEMBER: Patterson COUNCIL MEMBER: None a . SCOPE OF THE RIDING PARK FIRE FLOW AND RECYCLED WATER SUPPLY PROJECT (CIP 17201) AMENDED TO ADD A SEWER LINE TO PROVIDE SEWER SERVICE TO THE SITE; BUDGET INCREASED FOR CIP 17201 FOR THE ADDED SEWER LINE BY APPROPRIATING $462,900 FROM THE AGRICULTURAL PRESERVATION TAX FUND AND $92,300 FROM THE EASTERN OPEN SPACE FUND; RESOLUTION NO. 17-03-21-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (MND) FOR THE RANCHO MISSION VIEJO RIDING PARK AT SAN JUAN CAPISTRANO WATER AND SEWER FACILITIES PROJECT;" AND, CITY MANAGER AUTHORIZED TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH 6 3/21/2017 DUDEK IN THE AMOUNT NOT TO EXCEED $10,000 FOR THE 2015 RECYCLED WATER SERVICE CONVERSION PROJECT TO INCLUDE DESIGN OF THE RIDING PARK IRRIGATION SYSTEM CONVERSION TO RECYCLED WATER USE (CIP 16601) • Public Correspondence: Kim McCarthy, City resident. Steve May, Public Works and Utilities Director, provided a PowerPoint presentation and responded to questions. Ben Siegel, City Manager; Charlie View, Project Manager; and, Eric Bauman, Assistant Utilities Director, responded to questions. • Jack Hunt, Utilities Commissioner, provided the viewpoint of the Commission. • Public Comments: Mark Speros, City resident; and, Clint Worthington, City resident. Mayor Ferguson made a motion to continue the item to a future meeting after Council Member Patterson is provided with answers to all her questions, but the motion failed for a lack of a second. Council Action: Moved by Council Member Maryott, seconded by Mayor Pro Tern Farias, and carried 4-1 with Council Member Patterson opposed to amend the scope of the Riding Park Fire Flow and Recycled Water Supply Project (CIP 17201) to add a sewer line to provide sewer service to the site; increase the budget for CIP 17201 for the added sewer line by appropriating $462,900 from the Agricultural Preservation Tax Fund and $92,300 from the Eastern Open Space Fund; Adopt RESOLUTION NO. 17-03-21-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (MND) FOR THE RANCHO MISSION VIEJO RIDING PARK AT SAN JUAN CAPISTRANO WATER AND SEWER FACILITIES PROJECT;" and, authorize the City Manager to execute an Amendment to the Professional Services Agreement with Dudek in the amount not to exceed $10,000 for the 2015 Recycled Water Service Conversion Project to include design of the Riding Park irrigation system conversion to recycled water use (CIP 16601). ROLL CALL: AYES: NOES: ABSENT : COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson COUNCIL MEMBER: Patterson COUNCIL MEMBER: None 7 3/21/2017 F3. PUBLIC WORKS a . RESOLUTION NO. 17-03-21-03 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING THE DEL OBISPO STREET WIDENING PROJECT (CIP16102)"; AND, RESOLUTION NO. 17-03-21-04 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DEL OBISPO STREET WIDENING PROJECT (CIP16102)" (820.20) Steve May, Public Works and Utilities Director, provided a PowerPoint presentation and responded to questions. • Public Comments: Ron Taylor, City resident. Council Action: Moved by Council Member Reeve, seconded by Mayor Ferguson, and carried 4-1 with Council Member Patterson opposed to adopt RESOLUTION NO. 17-03-21-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING THE DEL OBISPO STREET WIDENING PROJECT (CIP16102)"; and, adopt RESOLUTION NO. 17-03-21-04 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DEL OBISPO STREET WIDENING PROJECT (CIP16102)." ROLL CALL : AYES: NOES: ABSENT: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson COUNCIL MEMBER: Patterson COUNCIL MEMBER: None MOTION TO ADJOURN MEETING: Council Action: Moved by Council Member Maryott, seconded by Council Member Patterson, and carried unanimously to stay in session and adjourn the meeting at 9:15p.m. b. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 3 TO THE PERSONAL SERVICES AGREEMENT WITH NUVIS LANDSCAPE ARCHITECTURE AND PLANNING (NUVIS) FOR A CONTRACT AUGMENTATION IN THE AMOUNT OF $288,299, FOR DESIGN OF THE NORTHWEST OPEN SPACE COMMUNITY PARK PROJECT (600.30) Steve May, Public Works and Utilities Director, provided a PowerPoint presentation and responded to questions. 8 3/21/2017 • Public Comments: Stephen Rios, Putuidem Committee; and, Patricia Martz, Putuidem Committee. Council Action: Moved by Mayor Pro Tern Farias, seconded by Council Member Maryott, and carried 4-1 with Council Member Reeve opposed to authorize the City Manager to execute Amendment No. 3 to the Personal Services Agreement with NUVIS Landscape Architecture and Planning (NUVIS) for a contract augmentation in the· amount of $288,299, for design of the Northwest Open Space Community Park Project. ROLL CALL : AYES : NOES: ABSENT: COUNCIL MEMBER: Patterson , Maryott, Farias and Mayor Ferguson COUNCIL MEMBER: Reeve COUNCIL MEMBER: None SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) COUNCIL ACTION ITEMS: H1 . STAFF DIRECTED TO PARTICIPATE IN THE 2017 NATIONAL MAYOR'S CHALLENGE FOR WATER CONSERVATION BY CREATING FLYERS TO INCLUDE WITH WATER BILLS, PRESS RELEASES AND EMAIL NOTIFICATIONS IN ORDER TO ENCOURAGE SAN JUAN CAPISTRANO RESIDENTS AND BUSINESSES TO BE MORE WATER AND ENERGY EFFICIENT; AND, PURSUE ALL NON-COSTS (530.25) Mayor Ferguson provided a report . Council Action: Moved by Council Member Reeve , seconded by Mayor Ferguson, and carried 4-1 with Council Member Maryott opposed to direct staff to participate in the 2017 National Mayor's Challenge for Water Conservation by creating flyers to include with water bills, press releases and email notifications in order to encourage San Juan Capistrano residents and businesses to be more water and energy efficient; and, pursue all non-costs . ROLL CALL : AYES : NOES : ABSENT: COUNCIL MEMBER: Reeve , Patterson, Farias and Mayor Ferguson COUNCIL MEMBER: Maryott COUNCIL MEMBER: None 9 3/21/2017 H2 . CONSIDERATION OF USING PESTICIDES FROM THE ORGANIC MATERIALS REVIEW INSTITUTE (OMRI) LIST FOR WEED ABATEMENT AT CITY PARKS AND OPEN SPACE AREAS (540.70) -CONTINUED TO THE APRIL 4, 2017, MEETING • Public Correspondence: Richard Fagerlund , No place of residence provided; and, Scientific Research Publishing correspondence. ADJOURNMENT: There being no further business Mayor Ferguson adjourned the meeting at 9:15 p .m. to Wednesday, March 29, 2017, at 5:00 p.m. for an Adjourned Regular Meeting (Workshop-Lower Rosan Ranch); and then to Tuesday, April 4, 2017, at 4:00p.m. for Close Session, and 5:00 p.m. for the public Business Session, in the City Council Cha r Approved:April4,2017 ATTEST: 10 3/21/2017