17-0404_CC_Minutes_Regular Meeting MINUTES
April 4, 2017
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Ferguson called the Regular Meeting of April 4, 2017, of the
City Council of the City of San Juan Capistrano to order at 5:31 p,m. in the
City Council Chamber. Mayor Ferguson 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 CLERK ANNOUNCEMENT: Per Assembly Bill 23, Maria Morris, City Clerk,
announced that each Housing Authority Board Member are receiving a $50.00 stipend
for conducting the Housing Authority meeting.
CITY COUNCIL REPORTS:
• Council Member Patterson provided a video "Run, Hide, Fight, Surviving an
Active Shooter Event."
• Council Member Maryott reported on the following: attending the Swallows Day
Parade; made clarifications from the March 21, 2017, City Council meeting
(Items Fla — Second Quarter Financial Report and F2a (Riding Park Fire Flow
and Recycled Water Supply Project) that $1.7 million was for the Del Obispo
Widening Project, and $1.1 million was for the combined cost for recycled water
and sewer to the Rancho Mission Viejo Riding Park at San Juan Capistrano.
• Mayor Ferguson reported on the following: attending the Swallows Day Parade;
Orange County Sheriff's Medal of Valor Luncheon Event; St. Margaret's
Episcopal School History Day Event; Association of California Cities — Orange
County (ACG-OC) Meeting; and, invited the City Council and public to participate
in the 2017 National Mayor's Challenge for Water Conservation.
INTRODUCTIONS AND PRESENTATIONS:
B1. MAYOR PRO TEM FARIAS INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE: Tom Perrin, Parks, Recreation, Youth and Senior Services,
Trails and Equestrian Commission; and, Jess Lopez, Housing Advisory
Committee.
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B2. APRIL 2017 PROCLAIMED AS DMV/DONATE LIFE MONTH
B3, DALTON BOURNE RECOGNIZED FOR RECEIVING THE "LUMINARY"
AWARD BY THE DISNEYLAND RESORT UNDER THE DREAMERS & DOERS
PROGRAM; AND, FOR RECEIVING A PERFECT SCORE ON HIS ACT TEST
ORAL COMMUNICATIONS:
• Public Correspondence: Stephen Wontrobski, Mission Viejo resident
• Public Comments: Donna Fleming, City resident; Ken O'Leary, Citizens for No
Plane Noise; Kim Brusseau, City resident; Jeff Vazquez, City resident;
Stephen Wontrobski, Mission Viejo resident; and, Michael Laux, City resident.
PUBLIC HEARINGS:
D1. REPORT OF STAFF ACCEPTED REGARDING THE INTERIM URGENCY
ORDINANCE EXTENSION; PROPOSED ORDINANCE FOUND NOT SUBJECT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO
SECTION 21030.17 OF THE PUBLIC RESOURCES CODE; INTERIM
URGENCY ORDINANCE NO. 1045 ADORTED ENTITLED "AN EXTENSION OF
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"; AND, ZONING CODE AMENDMENT INITIATED TO
ESTABLISH A PERMANENT ZONING FOR SENIOR-ONLY MOBILE HOME
PARKS (430.10)
• Public Correspondence: Petition submitted on March 31, 2017, from
EI Nido Mobilehome Estates residents; Renee Rosellini, City resident;
Patricia K. Bauer, City resident; Samantha Hammer, City resident; Virginia
and Alfred Gray, City residents; Linda Cameron, City resident; Kari,
McGrath, City resident; Julie Paule, Western Manufactured Housing
Communities Association; Carol Brinkman, City resident; Howard and
Emma Newman, City residents; Mrs. Heath, City resident; Delma
McGarry, City resident; Vickie Talley, Manufactured Housing Educational
Trust; Jim and Jan Maag, City residents; Joe and Kyra Sanchez, City
residents; Joan and John Fessenden, City residents; William K. Sweeney,
City resident; Anthony R. Fuller, City resident; Gloria M. Hiseman, City
resident; David J. and Joanne E. Hubbard, City residents; Emil Gunther,
City resident; Ruth Feagans, City resident; Ronald and Cynthia Boden,
City residents; Norma Stuart, City resident; Judith Torrence, City resident;
Zouhair Noureddine, City resident; Harry N. Hickok, City resident;
Adrienne Turner, Dana Point resident; Larry N. Ricci, City resident; Connie
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McKenna, City resident; Sally Lagasse, City resident; Martha and Jan R.
Underwood, City residents; Robert and Linda Underwood, City residents;
Joanna M. Clark, City resident; Chuck Hauswirth, City resident; John
Porcelli, City resident; Daniel and Linda Dinsmoor, City residents; Lenore
Macafee, City resident; John Riordan, City resident; Ken Robuck, City
resident; Darryl Hand, City resident; Dennis B. Bean, City resident;
Carolyn Johnson, no residence provided; Julie Haley, City resident; Roy
Tate, City resident; Patricia Kenahan, City resident; 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 resident; Cindy Parker, City
resident; and Donna Keeslar, City resident.
Joel Rojas, Development Services Director, provided a PowerPoint Presentation
and responded to questions. Ben Siegel, City Manager; Jeff Ballinger,
City Attorney; and, Laura Stokes, Housing Coordinator/Assistance, responded to
questions.
Mayor Ferguson opened the public hearing and invited public testimony.
• Public Testimony: Joseph Stark, City resident; Art Oronoz, City resident;
Luci Trette, City resident; Deirdre Hurd, City resident (submitted petition);
Matt Gaffney, City resident; Connie McKenna, City resident; Vickie Talley,
Manufacture Housing Educational Trust; Carol Brinkman, City resident;
Mary Jo Baretich, Golden State Manufactured-Home Owners League;
Jerry Williams, City resident; Howard Newman, City resident;
Brinda Baumohl, City resident (did not speak, but instead registered
position for the record); Polly O'Grady, City resident (did not speak, but
instead registered position for the record); Lorma Whipple, City resident
(did not speak, but instead registered position for the record);
Joe Sanchez Jr. (did not speak, but instead registered position for the
record); Jeff Miller, City resident (did not speak, but instead registered
position for the record); Glennet Smith, City resident (did not speak, but
instead registered position for the record); Kyra Sanchez and Joe
Sanchez, City residents (did not speak, but instead registered their
position for the record); Shirley Smith, City resident (did not speak, but
instead registered position for the record); Gloria Wiseman, City resident;
(did not speak, but instead registered position for the record); Liz Harris,
City resident (did not speak, but instead registered position for the record);
and, Karen Crain, City resident; (did not speak, but instead registered
position for the record).
Mayor Ferguson closed the public hearing.
Maria Morris, City Clerk, read the title of the Ordinance.
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Council Action: Moved by Council Member Reeve, seconded by Mayor Pro Tem
Farias, and carried unanimously to accept the report of staff regarding the Interim
Urgency Ordinance extension; find that the proposed Ordinance is not subject to
the California Environmental Quality Act pursuant to Section 21080.17 of the
Public Resources Code; adopt an INTERIM URGENCY ORDINANCE NO. 1045
entitled "AN EXTENSION OF 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"; and, Initiate a Zoning Code Amendment to
establish a permanent zoning for senior-only mobile home parks.
D2. PROPOSED ORDINANCE FOUND NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 21080.17 OF
THE PUBLIC RESOURCES CODE; APPROVED INTRODUCTION AND FIRST
READING AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, AMENDING SECTION
9-3.50 I AND APPENDIX APPEIVDIX A OF I I I LE 9 OF I HE SAN JUAN CAPISTRANO
MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS" (420.10)
Joel Rojas, Development Services Director, provided an agenda report and
responded to questions. Jeff Ballinger, City Attorney, responded to questions.
Mayor Ferguson opened the public hearing and invited public testimony.
• Public Testimony: Mark Speros, City resident.
Mayor Ferguson closed the public hearing.
Maria Morris, City Clerk, read the title of the Ordinance.
Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem
Farias, and carried 3-2 with Mayor Ferguson and Council Member Patterson
opposed to find that the proposed Ordinance is not subject to the California
Environmental Quality Act pursuant to Section 21080.17 of the Public Resources
Code; and, approve the introduction and first reading of an Ordinance entitled
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.501 AND APPENDIX
A OF TITLE 9 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
REGARDING ACCESSORY DWELLING UNITS."
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Maryott, and Mayor Pro Tem Farias
NOES: COUNCIL MEMBER: Patterson and Mayor Ferguson
ABSENT: COUNCIL MEMBER: None
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CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member
Maryott, and carried unanimously to approve consent calendar items
E1 through E8, E10 and E11, as recommended by staff.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
MARCH 15, 2017, APPROVED
E3. CITY COUNCIL MINUTES — SPECIAL MEETING (CLOSED SESSION) OF
MARCH 21, 2017, APPROVED
E4, CITY COUNCIL MINUTES — REGULAR MEETING OF MARCH 21, 2017,
APPROVED
E5. CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS
DATED MARCH 3, 2017, TO MARCH 16, 2017; PAYROLL (CHECKS) DATED
MARCH 10, 2017; PAYROLL (DIRECT DEPOSITS) DATED MARCH 10, 2017;
AND PAYROLL (CHECKS) DATED MARCH 16, 2017, RECEIVED AND FILED
(300.30)
E6_ CASH AND INVESTMENT REPORT MONTH ENDED FEBRUARY 28, 2017,
RECEIVED AND FILED (350.30)
E7. ACCOMPANYING PAYMENT PLAN SCHEDULE AGREEMENT
FOR OUTSTANDING WATER CHARGES, AND EXTENSION OF THE 2008
LICENSE AGREEMENT WITH SOUTH COAST FARMS BY 90 DAYS,
APPROVED (600.30)
E8, RESOLUTION NO. 17-04-04-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA TO APPLY A PROCESS TO HEAR AND DECIDE APPEALS TO
ENFORCEMENT ACTIONS UNDER SAN JUAN CAPISTRANO MUNICIPAL
CODE TITLE 8 (BUILDING REGULATIONS) AND TO REPEAL RESOLUTION
NO. 07-11-20-04" (450.30)
E9. STAFF RECOMMENDATION TO CONVERT CITY'S KINDERGARTEN
READINESS PROGRAM TO A CONTRACT CLASS, APPROVED (960,40)
Dori Budde, Community Services Director, provided an agenda report and
responded to questions. Ben Siegel, City Manager, and Jeff Ballinger,
City Attorney, responded to questions.
Council Member Patterson made a substitute motion to continue the item to the
City Council meeting of April 18, 2017, to allow for the contract to be presented to
the City Council for review, but the motion failed for a lack of a second.
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Council Action: Moved by Council Member Reeve, seconded by Mayor Pro Tem
Farias, and carried 4-1 with Council Member Patterson opposed to approve
staff's recommendation to convert the City's Kindergarten Readiness Program to
a contract class.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson
NOES: COUNCIL MEMBER: Patterson
ABSENT. COUNCIL MEMBER: None
E10. RESOLUTION NO. 17-04-04-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DESIGNATING THE AUTHORIZED APPLICANT'S AGENT FOR
THE PURPOSE OF OBTAINING STATE AND/ OR FEDERAL FINANCIAL
ASSISTANCE AND REPEALING RESOLUTION NO. 14-03-18-03" (520.10)
E11. RESOLUTION NO. 17-04-04-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A "NO PARKING ANYTIME" ZONE ON BOTH
SIDES OF CAMINO CAPISTRANO FROM JUNIPERO SFRRA ROAD TO THE
NORTHERLY CITY LIMIT" (570.30)
ADMINISTRATIVE ITEMS:
F1. CITY MANAGER
a. REPORT PROVIDED FROM MAYOR FERGUSON, COUNCILMEMBER
PATTERSON, PLANNING COMMISSIONER MARK SPEROS AND CITY
MANAGER BEN SIEGEL ON A RECENT MEETING WITH
REPRESENTATIVES FROM THE ORANGE COUNTY TRANSPORTATION
AUTHORITY TO DISCUSS REGIONAL MOBILITY (800.20) — NO FORMAL
ACTION TAKEN
Mayor Ferguson, Council Member Patterson, and Mark Speros, Planning
Commission Chair, provided a report. Ben Siegel, City Manager, responded to
questions.
b. REVIEW AND ADOPTION OF 2017 CITY COUNCIL PRIORITIES AND
WORKPLAN — ITEM TABLED (610.70)
Ben Siegel, City Manager, provided an agenda report and responded to
questions. Ken AI-Imam, Chief Financial Officer, responded to questions.
Council Member Reeve made a motion to call the question, seconded by
Mayor Ferguson, but motion failed 3-2 (motion to call the question requires a
4/5 vote) with Council Member Patterson and Council Member Maryott opposed.
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ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Farias and Mayor Ferguson
NOES: COUNCIL MEMBER: Patterson and Maryott
ABSENT: COUNCIL MEMBER: None
Council Member Patterson made a substitute motion to receive and file;
and direct staff to determine which priority items have already been voted on by
the City Council at prior City Council meetings with an independent staff report,
and bring back for consideration to the City Council those priority items that have
not been approved separately, but motion died for a lack of a second.
Council Member Reeve made a motion, seconded by Mayor Ferguson, to
confirm City Council 2017 Priorities and Workplan; and, direct the City Manager
to allocate staff and financial resources toward the key priorities as affirmed by
the City Council, but motion failed for a lack of vote.
Substitute Council Action: Moved by Mayor Pro Tem Farias, seconded by
Council Member Reeve, and carried unanimously to table the item.
SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Successor Agency
Minutes)
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS:
11. RESOLUTION NO. 17-04-04-04 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING THE INVITATION OF THE CITY OF ENSENADA,
MEXICO, FOR A SISTER CITY AFFILIATION" (140.50)
Mayor Pro Tem Farias provided a report. Ben Siegel, City Manager, responded
to questions.
• Public Comments: Mark Bodenhamer, Chamber of Commerce; and
Larry Cabrera, City resident.
Council Action: Moved by Council Member Farias, seconded by
Council Member Reeve, and carried unanimously to adopt RESOLUTION NO.
17-04-04-04 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE INVITATION
OF THE CITY OF ENSENADA, MEXICO, FOR A SISTER CITY AFFILIATION."
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12. CONSIDERATION OF LETTER SUPPORTING THE CALL TO REVOKE THE
CALIFORNIA COASTAL COMMISSION PERMIT GRANTING SOUTHERN
CALIFORNIA EDISON THE RIGHT TO BURY NUCLEAR WASTE AT
SAN ONOFRE STATE BEACH (520.50)
Council Member Patterson provided a report.
• Public Comments: Gary Headrick, San Clemente Green (provided
handout).
Council Member Patterson made a substitute motion, seconded by Mayor
Ferguson, but motion failed 2-3 with Mayor Pro Tem Farias, Council Member
Reeve and Council Member Maryott opposed to authorized the Mayor to execute
a letter supporting the call to revoke the California Coastal Commission permit
granting Southern California Edison the right to bury nuclear waste at San Onofre
State Beach; direct staff to send the letter to the California Coastal Commission;
and, modifying the letter to say: "Dear Chair Bocho, We ask you to reconsider the
granting of the permit, which allows Southern California Edison
to bury 75 canisters of spent nuclear fuel in concrete bunkers. And instead,
require Southern California Edison to find another location for the 3,600,000
pounds of deadly spent fuel they plan to bury on the edge of the Pacific Ocean at
San Onofre. We ask you to step forward and meet your responsibilities to the
People of San Juan Capistrano, and the People of the State of California and
revoke your permit. Sincerely, Kerry Ferguson, Mayor."
ROLL CALL:
AYES: COUNCIL MEMBER: Patterson and Mayor Ferguson
NOES: COUNCIL MEMBER: Reeve, Maryott and Mayor Pro Tem Farias
ABSENT: COUNCIL MEMBER: None
Council Member Patterson made a motion, seconded by Mayor Ferguson to
execute a letter supporting the call to revoke the California Coastal Commission
permit granting Southern California Edison the right to bury nuclear waste at
San Onofre State Beach; and, direct staff to send the letter to the California
Coastal Commission, but motion failed for a lack of vote.
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ADJOURNMENT:
There being no further business Mayor Ferguson adjourned the meeting at 9:22 p.m. to
Tuesday, April 18, 2017, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public
Business Session, in the City Council Chamber.
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ROSP a9t submitted,
MAR O IS, CITY ERK
Approved: April 18, 2017 --"
ATTEST:
wa��k --d —
K YIi S N, YOR
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