17-0418_CC_Minutes_Regular MeetingMINUTES
April18, 2017
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION :
Mayor Ferguson called the Regular Meeting of April 18, 2017, of the
City Council of the City of San Juan Capistrano to order at 5:04 p.m. in the
City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano; then under
Administrative Item F1 a* (Selection of a Vendor for Citywide Street Light Conversion to
Light Emitting Diode Technology), the City Council left the Council Chamber and went
to the southerly end of Paseo Adelanto to view demonstrations of LED technology ,
and re-convene in the Council Chambers following the demonstration ; and
Councilmember Pam Patterson did not participate after 9:00 p.m . at the following
location 27451 Connemara Drive, San Juan Capistrano CA , 92675 .
Council Member Maryott led the Pledge of Allegiance and Mayor Ferguson 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 :
• Council Member Maryott reported on the following: Attending a Transportation
Corridor Agencies (TCA) Meeting .
• Council Member Patterson reported on the following: Attending a SONGS
Decommissioning Community Engagement Panel Meeting .
• Mayor Pro Tem Farias reported on the following: Attending the City 's
Eggstravaganza Event, and thanked everyone who participated.
• Mayor Ferguson reported on the following : Announced the Open House and
Cultural Day Event for the Bias Aguilar Adobe Museum; attending a meeting
regarding possibility of connecting the Ortega Crossing; San Juan Hills High
School Tour; and, thanked everyone participating in the 2017 National Mayor's
Challenge for Water Conservation.
1
INTRODUCTIONS AND PRESENTATIONS:
B1 . MAYOR PROTEM FARIAS INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATIENDANCE: Gerald Muir, Parks, Recreation , Youth and Senior Services,
Trails and Equestrian Commission, and Youth Advisory Board; William Bonney,
Cultural Heritage Commission; Tom Perrin, Parks, Recreation, Youth and Senior
Services , Trails and Equestrian Commission; Jack Hunt, Utilities Commission;
Riley Azzurra-Sky, Youth Advisory Board; Joanne Marquez, Housing Advisory
Committee; and , City of Laguna Niguel Mayo Pro Tern Fred Minagar .
B2 . DORIS SMITH RECOGNIZED FOR CELEBRATING HER 101 8 T BIRTHDAY
B3 . BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY RECOGNIZED FOR
THEIR 25 YEAR ANNIVERSARY
B4 . SARA ARCE RECOGNIZED AS THE BOYS AND GIRLS CLUB OF
CAPISTRANO VALLEY YOUTH OF THE YEAR
B5 . KINOSHITA ELEMENTARY SCHOOL 'S 3R 0 , 4TH AND 5TH GRADE STUDENTS
RECOGNIZED FOR COMPLETING THE "PUBLIC SPEAKING" WORKSHOP
ORAL COMMUNICATIONS:
• Public Comments: Eric Gross, Great Opportunities (provided handout); and,
Steve Oedekerk, City resident (provided handout).
PUBLIC HEARINGS :
D1. PLANNING COMMISSION'S RECOMMENDATION THAT A PROPOSED
EQUESTRIAN FACILITY BE CONSIDERED AN ALTERNATIVE ALLOWED
USE AT 28801 SAN JUAN CREEK ROAD, ACCEPTED (BLENHEIM FARMS-
STABLES REQUEST FOR A LAND USE DETERMINATION WITHIN COP 86-2
TO ALLOW A PROPOSED EQUESTRIAN FACILITY ON AN UNDEVELOPED
7.4-ACRE PROJECT SITE AT 28801 SAN JUAN CREEK ROAD; GENERALLY
LOCATED AT THE NORTHEAST CORNER OF SAN JUAN CREEK ROAD AND
CAMINO LACOUAGUE (ASSESSOR PARCEL NUMBER 664-111-04)) (420 .30)
David Contreras, Senior Planner, provided a PowerPoint presentation and
responded to questions. Jeff Ballinger, City attorney, responded to questions.
• Mark Speros, Planning Commission Chair provided the views of the
Planning Commission.
Mayor Ferguson opened the public hearing and invited public testimony.
• Public Testimony: Gail Zukow, City resident; Steve Behmerwohld,
City resident; and, Renee Bondi, City resident.
2 4/18/2017
Mayor Ferguson closed the public hearing.
Council Action: Moved by Council Member Reeve, seconded by Council
Member Maryott, and carried 4-1 with Council Member Patterson opposed to
accept the Planning Commission's recommendation that a proposed equestrian
facility be considered an alternative allowed use at 28801 San Juan Creek Road
(Blenheim Farms -Stables Request for a Land Use Determination within COP
86-2 to Allow a Proposed Equestrian Facility on an Undeveloped 7. 4-Acre
Project Site at 28801 San Juan Creek Road; Generally Located at the Northeast
Comer of San Juan Creek Road and Camino Lacouague (Assessor Parcel
Number 664-111-04)).
ROLL CALL :
AYES :
NOES :
ABSENT :
COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson
COUNCIL MEMBER: Patterson
COUNCIL MEMBER: 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 through E7, E9
through E13, E15, E16 and E17, as recommended by staff, with Council Member
Patterson opposed to consent calendar items ES, E9, and E13; and, Mayor Ferguson
opposed to consent calendar item E9 and E13 .
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2 . CITY COUNCIL MINUTES -ADJOURNED REGULAR MEETING OF
MARCH 29, 2017 (LOWER ROSAN RANCH PROPERTY WORKSHOP),
APPROVED
E3. CITY COUNCIL MINUTES -SPECIAL MEETING OF APRIL 4, 2017
(CLOSED SESSION), APPROVED
E4 . CITY COUNCIL MINUTES -REGULAR MEETING OF APRIL 4, 2017,
APPROVED
ES . CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS
DATED MARCH 17, 2017, TO MARCH 30, 2017; PAYROLL (CHECKS) DATED
MARCH 24 , 2017 ; AND PAYROLL (DIRECT DEPOSITS) DATED
MARCH 24, 2017, RECEIVED AND FILED (300.30)
ROLL CALL :
AYES :
NOES:
ABSENT:
COUNCIL MEMBER: Reeve, Maryott , Farias and Mayor Ferguson
COUNCIL MEMBER: Patterson
COUNCIL MEMBER: None
E6 . NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.1 0)
3 4/18/2017
E7. CLAIM OF LARRY FRY DENIED BASED ON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER,
CARL WARREN & COMPANY (170.70)
EB . CLAIM OF KIMBERLY MCCARTHY DENIED BASED ON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER,
CARL WARREN & COMPANY (170.70)
Sam Penrod, Human Resources and Risk Manager, provided an agenda report.
Ed Richards, assigned Legal Counsel by Carl Warren & Company, provided a
report and responded to questions.
• Public Comments: Steve Behmerwohld, City resident.
Council Member Patterson made a motion, seconded by Mayor Ferguson for
City Manager to meet with Kim McCarthy and Eva Crabbs in order to address
their issues and concerns in a meeting and try to resolve the situation , but motion
failed due to approved substitute motion.
Substitute Council Action: Moved by Mayor Pro Tern Farias, seconded by
Council Member Reeve, and carried 3-2 with Council Member Patterson and
Council Mayor Ferguson opposed to deny the claim of Kimberly McCarthy based
on the investigation and recommendation of the City's insurance adjuster, Carl
Warren & Company.
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Reeve, Maryott and Mayor ProTem Farias
COUNCIL MEMBER: Patterson and Mayor Ferguson
COUNCIL MEMBER: None
E9 . CLAIM OF EVA CRABBS DENIED BASED ON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER,
CARL WARREN & COMPANY (170.70)
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Reeve, Maryott and Mayor ProTem Farias
COUNCIL MEMBER: Patterson and Mayor Ferguson
COUNCIL MEMBER: None
E1 0 . CLAIM OF ABRAHAM CAUDILLO-PEREZ DENIED BASED ON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.70)
E11 . CLAIM OF DONALD FISHER DENIED BASED ON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER,
CARL WARREN & COMPANY (170.70)
4 4/18/2017
E12. CLAIM OF NATHALIE FISHER DENIED BASED ON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER,
CARL WARREN & COMPANY (170.70)
E13. ORDINANCE 1046 ADOPTED 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" (420.1 0)
ROLL CALL:
AYES :
NOES :
ABSENT:
COUNCIL MEMBER: Reeve, Maryott, and Mayor Pro Tern Farias
COUNCIL MEMBER: Patterson and Mayor Ferguson
COUNCIL MEMBER: None
E14. PLANNING COMMISSION'S RECOMMENDATION, ACCEPTED; RESOLUTION
17-04-18-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
ISSUANCE A LETTER OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO
THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
(ABC) FOR THE ISSUANCE OF A TYPE 21 LICENSE FOR THE PREMISES AT
32151 CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBER 668-083-03)
(APPLICANT: ART RODRIGUEZ & ASSOCIATES ON BEHALF OF TRADER
JOE'S); AND, CITY MANAGER AUTHORIZED TO EXECUTE THE ATTACHED
LETTER TO THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
REGARDING THE CITY COUNCIL'S FINDING (585.15)
Joel Rojas, Community Services Director provided an agenda report .
• Mark Speros, Planning Commission Chair provided the views of the
Planning Commission.
• Public Comments: Monique Rea, City resident.
Council Action : Moved by Council Member Reeve, seconded by Mayor
Ferguson, and carried unanimously to accept the Planning Commission 's
recommendation and adopt a resolution certifying the finding for Public
Convenience or Necessity (PCN) required by the California Department of
Alcoholic Beverage Control for Trader Joe's to operate with a Type 21 License
for "Off-Sale General" at 32151 Camino Capistrano ; and authorize the
City Manager to execute the attached letter to the Department of Alcoholic
Beverage Control regarding the City Council's finding .
E15. REQUEST FROM GREAT OPPORTUNITIES FOR A FULL CITY FEE WAIVER
FOR USE OF DESCANSO PARK ON JUNE 3, 2017, FOR 6.5 HOURS TO
CONDUCT A BIKE RIDE AND DINE EVENT, APPROVED (390.60)
5 4/18/2017
E16. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT (PSA) WITH GUADAGNO & SONS AMUSEMENTS TO
PROVIDE A FOUR DAY CARNIVAL, JULY 1, 2, 3 & 4, 2017, AT THE
SAN JUAN CAPISTRANO SPORTS PARK (600.30)
E17. CITY MANAGER AUTHORIZED TO EXECUTE CHANGE ORDER NO. 3 TO
THE CONSTRUCTION CONTRACT WITH R.J. NOBLE COMPANY IN THE
AMOUNT OF $241,596 FOR ADDITIONAL STREET RESURFACING AND
REPAIR WORK ASSOCIATED WITH THE FISCAL YEAR 2015-2016 LOCAL
STREETS PAVEMENT REHABILITATION PROJECT CIP 16105, FOR A TOTAL
CONTRACT AMOUNT OF $1,227,877 ; AND, TRANSFER OF $279,100 FROM
THE FISCAL YEAR 2016-17 LOCAL STREETS PAVEMENT REHABILITATION
PROJECT (CIP 17105) TO THE FISCAL YEAR 2015-16 LOCAL STREETS
PAVEMENT REHABILITATION PROJECT (CIP 16105), APPROVED (600.30)
E18. RESOLUTION 17-04-18-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE BLAS AGUILAR ADOBE RESTORATION
PROJECT (MARK SAUER CONSTRUCTION, INC. CIP 07403);" CITY CLERK
DIRECTED TO PROCESS RECORDING OF A NOTICE OF COMPLETION FOR
THE PROJECT; AND, STAFF AUTHORIZED TO RELEASE THE PROJECT
RETENTION IN THE AMOUNT OF $10,869 THIRTY-FIVE DAYS AFTER
RECORDATION OF THE NOTICE OF COMPLETION (600.30)
E19. UPDATE ON CITY'S DOGGIE CLEAN-UP BAGS, CONTINUED TO
MAY 2, 2017, MEETING; AND, STAFF DIRECTED TO INCLUDE COPY OF
INVOICE TO THE AGENDA REPORT (370 .20)
Tom Toman, Assistant Public Works Director, responded to questions.
Council Action: Moved by Council Member Patterson, seconded by Mayor
Ferguson, and carried 3-1-0 with Council Member Reeve opposed and Mayor
Pro Tern Farias absent (stepped out of Council Chamber) to continue to the
May 2, 2017, meeting; and, direct staff to include copy of invoice to the agenda
report.
ROLL CALL :
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Patterson, Maryott, and Mayor Ferguson
COUNCIL MEMBER: Reeve
COUNCIL MEMBER: Mayor ProTem Farias (stepped out of Council Chamber)
6 4/18/2017
E20. CANCELLATION OF THE FORSTER STREET SIDEWALK PROJECT
(CIP 16106), CONTINUED FOR 45 DAYS (820.20)
• Public Correspondence: Dan Friess, Mission Commercial Properties;
and Ann Ronan, City resident.
Steve May , Public Works and Utilities Director, provided a PowerPoint
presentation and responded to questions. Jacob Green, Assistant City Manager,
responded to questions .
• Public Comments : Dan Friess, Mission Commercial Properties;
Stephanie Frisch, City resident; Frank Larkin, City resident; and,
Steve Oedekerk, City resident.
Council Member Patterson made a motion, seconded by Mayor Ferguson to
continue item to provide City staff and the property owner time to figure out/work
out matters, in order to get the sidewalk in place, but motion failed due to
approved substitute motion.
Substitute Council Action : Moved by Council Member Maryott, seconded by
Mayor Ferguson, and carried 3-2 with Council Member Reeve and Mayor Pro
Tern Farias opposed to continue the item for 45 days.
ROLL CA LL :
AYES :
NOES :
ABSENT :
COUNCIL MEMBER: Patterson, Maryott and Mayor Ferguson
COUNCIL MEMBER: Reeve and Mayor Pro Tern Farias
COUNCIL MEMBER: None
ADMINISTRATIVE ITEMS :
F1 . PUBLIC WORKS
a . CITY MANAGER AUTHORIZED TO NEGOTIATE A CONTRACT WITH
SIEMENS INDUSTRY, INC. FOR CONVERTING CITY STREET LIGHTS FROM
HIGH PRESSURE SODIUM TO LED TECHNOLOGY; AND , CITY MANAGER
DIRECTED TO RETURN TO THE CITY COUNCIL BY JUNE 20, 2017, WITH A
PROPOSED PROJECT SCHEDULE AND RECOMMENDATIONS FOR
CONSIDERATION OF A CONTRACT WITH SIEMENS INDUSTRY, INC. FOR
LED STREET LIGHT CONVERSION, AND CONSIDERATION OF FINANCING
AGREEMENTS WITH SIEMENS FINANCIAL SERVICES (600.30)*
Tom Toman, Assistant Public Works Director, provided a PowerPoint
Presentation and responded to questions.
Proposers: SCS Lighting Solutions; Tanka Streetlighting, Inc.; and Siemens
Industry, Inc., provided presentations.
7 4/18/2017
The City Council took a recess and went to the southerly end of Paseo Adelanto
to view demonstrations by SCS Lighting Solutions; Tanko Streetlighting, Inc.;
and Siemens Industry, Inc., of LED technology, and re-convened in the
Council Chambers following the demonstration .
Council Member Patterson made a motion, seconded by Mayor Ferguson to
continue item to authorize the City Manager to negotiate a contract with SCS
Lighting Solutions for converting City street lights from high pressure sodium to
LED technology; and, direct the City Manager to return to the City Council by
June 20, 2017, with a proposed project schedule and recommendations for
consideration of a contract with SCS Lighting Solutions for LED street light
conversion, and consideration of financing agreements with SCS Lighting
Solutions, but motion failed due to approved substitute motion.
Substitute Council Action: Moved by Council Member Farias, seconded by
Council Member Maryott, and carried 3-2 with Council Member Patterson and
Mayor Ferguson opposed to authorize the City Manager to negotiate a contract
with Siemens Industry, Inc. for converting City street lights from high pressure
sodium to LED technology; and, direct the City Manager to return to the
City Council by June 20, 2017, with a proposed project schedule and
recommendations for consideration of a contract with Siemens Industry, Inc. for
LED street light conversion, and consideration of financing agreements with
Siemens Financial Services.
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Reeve, Maryott, and Mayor ProTem Farias
COUNCIL MEMBER: Patterson and Mayor Ferguson
COUNCIL MEMBER: None
F1b . CONSIDERATION OF APPOINTMENT OF A CITY COUNCIL
REPRESENTATIVE TO THE ORANGE COUNTY TRANSPORTATION
AUTHORITY LOCAL OFFICIALS WORKSHOP GROUP REGARDING THE
FUTURE OF TRANSPORTATION IN A CHANGING LANDSCAPE (610.60) -
CONTINUED TO MAY 2, 2017, MEETING
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Successor Agency Meeting of April 18, 2017,
not conducted)
COUNCIL ACTION ITEMS :
H1 . STAFF DIRECTED TO FORMULATE A PROGRESSIVE PEST MANAGEMENT
POLICY FOR WEED ABATEMENT AND PEST CONTROL AT CITY PARKS
AND OPEN SPACE AREAS ACCORDING TO THE CRITERIA STATED AND
ENUMERATED IN ATTACHMENT 1 OF THIS REPORT (370.20)
8 4/18/2017
• Public Correspondence: Joel Robinson, Naturalist For You; anonymous
correspondence; Kim Konte, Non Toxic Irvine; and, Susan E. Lewis,
Pharm Solutions, Inc .
Mayor Ferguson provided a report. Steve May, Public Works and Utilities
Director, responded to questions .
• Public Comments: Dr. Bruce Blumberg, University of California, Irvine
(provided PowerPoint); Dr. Dean Baker, University of California, Irvine
(provided PowerPoint); Jack Hunt, City resident; Julie Dohrman, City
resident; Debi Kellermann, Non Toxic San Juan; Kristin Arias, Non Toxic
San Juan; Travis Kellermann, City resident; Ayn Crawen, Non Toxic
Irvine; Vanessa Armstrong, Non Toxic Irvine; Kim Konte, Non Toxic Irvine;
Bob Johnson, Non Toxic Irvine; John Melson, City resident; Joanne
Marquez, City resident; Derinda McCashland, Anaheim resident; Max
Dohrman, City resident; Brock Dohrman, City resident; Michael Konte,
Irvine resident; and, Trevor Konte, Irvine resident.
The following individuals did not speak, but wished to register their
position for the record: Kasia Mays, City resident; Dana Melsom, City
resident; Sarah Hancock, City resident; Christie Miele, City resident;
Michelle Garcia, City resident; John Melsom, City resident; and, Michelle
Cox, City resident.
Counc il Action: Moved by Council Member Patterson, seconded by Mayor
Ferguson, and carried 4-1 with Council Member Reeve abstained to direct staff
to formulate a Progressive Pest Management Policy for Weed Abatement and
Pest Control at City Parks and Open Space Areas according to the criteria stated
and enumerated in Attachment 1 of this report.
ROLL CALL:
AYES :
NOES :
ABSENT:
ABSTAINED :
COUNCIL MEMBER: Patterson, Maryott , Farias and Mayor Ferguson
COUNCIL MEMBER: None
COUNCIL MEMBER: None
COUNCIL MEMBER: Reeve
H2. DISCUSSION OF AN ORDINANCE LEGALIZING BEE KEEPING WITHIN CITY
LIMITS (560.50)-CONTINUED TO MAY 2, 2017, MEETING
H3. CONSIDERATION OF FILING A COMPLAINT WITH THE FEDERAL AVIATION
ADMINISTRATION (FAA) REGARDING THE APPROVED ENVIRONMENTAL
IMPACT REVIEW (EIR) CHANGING FLIGHT PATH AND THE IMPACTS TO
WILD LIFE, INCLUDING THE MIGRATION OF THE CLIFF SWALLOWS
(940 .30)-CONTINUED TO MAY 2, 2017, MEETING
H4 . CONSIDERATION OF LETTER OF SUPPORT FOR SENATE BILL (SB 34-
STANDARD AND ENFORCEMENT FOR RESIDENTIAL TREATMENT
FACILITIES)-SENATOR PATRICIA (660.40)-CONTINUED TO MAY 2, 2017,
MEETING
9 4/18/2017
H5 . REVIEW AND DISCUSS THE SITUATION WITH THE RECYCLED WATER
PIPELINE AND SEWER SYSTEM PROJECT (CIP 17201) AT THE RIDING
PARK (600.30)-CONTINUED TO A FUTURE MEETING
ADJOURNMENT:
There being no further business Mayor Ferguson adjourned the meeting at 9:05 p.m. to
Wednesday, April 26, 2017, at 5:00 p.m. for an Adjourned Regular Meeting
(Workshop -Downtown Properties); and then to Tuesday, May 2, 2017, at 4:00 p .m.
for C sed Session, and 5:00 p.m. for the public Business Session, in the
C i t~ o neil hamber .
Approved: May 2, 2017
ATTEST :
~
10 4/18/2017