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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