17-0502_CC_Minutes_Regular MeetingMINUTES
May 2, 2017
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Ferguson called the Regular Meeting of May 2, 2017, of the
City Council of the City of San Juan Capistrano to order at 5:20 p.m. in the
City Council Chamber. Mayor Ferguson led the Pledge of Allegiance, and
Mayor Pro Tem Farias gave the invocation.
Councilmember Pam Patterson did not participate after 9:00 p.m. at the following
location 27451 Connemara Drive, San Juan Capistrano CA, 92675.
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 is receiving a $50.00 stipend for
conducting the Housing Authority meeting.
CITY COUNCIL REPORTS:
• Mayor Ferguson reported on the following: South Orange County Mayor's
Breakfast; La Novia Roundabout Ribbon Cutting Ceremony; Capistrano Unified
School District 2nd Mayor's Roundtable Meting; Joint Meeting with Dana Point
Officials regarding homeless encampments; Ortega Cottage Dentistry Ribbon
Cutting Ceremony; and, Short Term Rentals Sub -Committee Meeting.
INTRODUCTIONS AND PRESENTATIONS:
B1. MAYOR PRO TEM FARIAS INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE: Donna Friess, Mechelle Lawrence Adams and William Bonney,
Cultural Heritage Commission; Tom Perrin, Parks, Recreation, Youth and Senior
Services, Trails and Equestrian Commission; and, Jack Hunt, Utilities
Commission.
B2. MAY 20, 2017, PROCLAIMED AS "RELAY FOR LIFE PAINT THE TOWN
PURPLE DAY"
B3. MAY 2017 PROCLAIMED AS NATIONAL HISTORIC PRESERVATION MONTH
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B4. JENNIFER FRIESS, TRAILS AND EQUESTRIAN COMMISSION; LINDA
SHOWN, EVA CRABBS, AND ROBERT PARKS, PARKS, RECREATION,
SENIOR AND YOUTH SERVICES COMMISSION; TED SHOWN, PLANNING
COMMISSION; AND ROBERT GRAYSON, CITIZENS' BOND OVERSIGHT
AD-HOC COMMITTEE, RECOGNIZED FOR THEIR YEARS OF DEDICATION
TO THE CITY OF SAN JUAN CAPISTRANO
ORAL COMMUNICATIONS;
■ Public Comments: Donna Fleming, City resident; Domingo Belardes,
Blas Aguilar Adobe; and, Steve Behmerwohld, City resident.
PUBLIC HEARINGS: None.
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Mayor Pro Tem
Farias, and carried unanimously to approve consent calendar items
E1 through E6, and E8 through E12, as recommended by staff, with Council Member
Reeve opposed to consent calendar E10.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — SPECIAL MEETING (CLOSED SESSION) OF
APRIL 12, 2017, APPROVED
E3. CITY COUNCIL MINUTES — SPECIAL MEETING (CLOSED SESSION) OF
APRIL 18, 2017, APPROVED
E4. CITY COUNCIL MINUTES — REGULAR MEETING OF APRIL 18, 2017,
APPROVED
E5. CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS
DATED MARCH 31, 2017, TO APRIL 13, 2017; PAYROLL (CHECKS) DATED
APRIL 7, 2017; PAYROLL (DIRECT DEPOSITS) DATED APRIL 7, 2017,
RECEIVED AND FILED (300.30)
E6. CASH AND INVESTMENT REPORT MONTH ENDED MARCH 31, 2017,
RECEIVED AND FILED (350.30)
E7. UPDATE ON CITY'S DOGGIE CLEAN-UP BAGS, RECEIVED AND FILED
(370.20)
Council Action: Moved by Mayor Pro Tem Farias, seconded by Council Member
Reeve, and carried unanimously to receive and file the update on the City's
clean-up bags.
E8. CLAIM OF JAMES ROSEN DENIED
AND RECOMMENDATION OF THE
CARL WARREN & COMPANY (170.70)
2
BASED ON THE INVESTIGATION
CITY'S INSURANCE ADJUSTER,
5/2/2017
E9. RESOLUTION NO. 17-05-02-01 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 TRAFFIC SIGNAL CONSTRUCTION AT RANCHO
VIEJO ROAD AND PASEO ESPADA (CIP 15101) INTERNATIONAL LINE
BUILDERS, INC.;" 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 $19,852
THIRTY-FIVE DAYS AFTER RECORDATION OF A NOTICE OF COMPLETION
(600.30)
E10. RESOLUTION NO. 17-05-02-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING PROCEEDINGS TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 2017-2018 WITHIN EXISTING
LANDSCAPING AND LIGHTING DISTRICTS PURSUANT TO THE
LANDSCAPING AND LIGHTING MAINTENANCE ACT OF 1972, APPOINTING
THE ENGINEER OF WORK, AND ORDERING THE PREPARATION OF THE
ENGINEER'S REPORT;" AND, RESOLUTION NO. 17-05-02-03 ADOPTED
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ENGINEER'S REPORT
AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS
WITHIN EXISTING LANDSCAPE MAINTENANCE DISTRICTS AND OPEN
SPACE MAINTENANCE DISTRICTS FOR FISCAL YEAR 2017-2018
PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND
CHAPTER 2.5 OF DIVISION 1 OF TITLE 5 OF THE GOVERNMENT CODE OF
THE STATE OF CALIFORNIA, RESPECTIVELY, SETTING A TIME AND
PLACE FOR THE PUBLIC HEARING THEREON, AND MAKING CERTAIN
FINDINGS AND TAKING OTHER ACTIONS RELATING THERETO" (345.20)
ROLL CALL:
AYES: COUNCIL MEMBER: Patterson, Maryott, Farias and Mayor Ferguson
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
E11. RESOLUTION NO. 17-05-02-04 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, RESCINDING STAGE 2 WATER ALERT CONSERVATION
MEASURES" (1050.90)
E12. RESOLUTION NO. 17-05-02-05 ADOPTED ENTITLED "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (MND)
FOR THE EASTERN IRRIGATION WATER SYSTEM PROJECT" (1050.40)
3 5/2/2017
ADMINISTRATIVE ITEMS:
F1. PUBLIC WORKS
a. COUNCIL MEMBER REEVE APPOINTED TO SERVE AS REPRESENTATIVE
TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY LOCAL
OFFICIALS' WORKSHOP GROUP REGARDING THE FUTURE OF
TRANSPORTATION IN A CHANGING LANDSCAPE (610.60)
Tom Toman, Assistant Public Works Director, provided an agenda report and
responded to questions.
Council Member Patterson made a motion, seconded by Mayor Ferguson, to
nominate Mayor Ferguson, but the motion failed 2-3 with Council Member
Reeve, Council Member Maryott and Mayor Pro Tem Farias opposed.
ROLL CALL:
AYES: COUNCIL MEMBER: Patterson and Mayor Ferguson
NOES: COUNCIL MEMBER: Reeve, Maryott and Mayor Pro Tem Farias
ABSENT: COUNCIL MEMBER: None
Council_ Action: Moved by Mayor Pro Tem Farias, seconded by Council Member
Maryott, and carried 3-2 with Council Member Patterson and Mayor Ferguson
opposed to appoint Council Member Reeve to serve as representative to the
Orange County Transportation Authority local officials' workshop group regarding
the future of transportation in a changing landscape.
F2. CITY MANAGER
a. CONSIDERATION OF PROPOSAL FROM THE CITY OF SAN CLEMENTE
REGARDING PARTICIPATION IN MONTHLY MEETINGS TO DISCUSS ITEMS
OF MUTUAL INTEREST, NOT APPROVED (610.60)
Ben Siegel, City Manager, provided an agenda report and responded to
questions.
• Public Comments: Heather Davis, City resident; and, Steve Behmerwohld,
City resident.
Council Member Patterson made a motion, seconded by Mayor Ferguson, but
the motion failed 2-3 with Council Member Reeve, Council Member Maryott and
Mayor Pro Tem Farias opposed to have Mayor Ferguson and Council Member
Patterson participate in meetings with representatives from the cities of
San Clemente and Dana Point to discuss items of mutual interest.
ROLL CALL:
AYES: COUNCIL MEMBER: Patterson and Mayor Ferguson
NOES: COUNCIL MEMBER: Reeve, Maryott and Mayor Pro Tem Farias
ABSENT: COUNCIL MEMBER: None
4 5/2/2017
F3. CITY ATTORNEY/CITY CLERK
a. RESOLUTION NO. 17-05-02-06 ADOPTED ENTITLED "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING A RECORDS RETENTION POLICY, AN UPDATED
RECORDS RETENTION SCHEDULE AND RESCINDING RESOLUTION NO.
07-12-18-02;" AND RESOLUTION TO ADOPT A CITY COUNCIL POLICY
CONCERNING ELECTRONIC COMMUNICATIONS CONCERNING CITY
BUSINESS, CONTINUED TO MAY 16, 2017 (160.60/610.30)
Jeff Ballinger, City Attorney, and Maria Morris, City Clerk, provided an agenda
report and responded to questions.
Council Action: Moved by Mayor Ferguson, seconded by Council Member
Patterson, and carried 3-2 with Council Member Reeve and Mayor Pro Tem
Farias opposed to continue adoption of City Council Policy Concerning Electronic
Communications Concerning City Business to the May 16, 2017, meeting.
ROLL CALL:
AYES: COUNCIL MEMBER: Patterson, Maryott and Mayor Ferguson
NOES: COUNCIL MEMBER: Reeve and Mayor Pro Tem Farias
ABSENT: COUNCIL MEMBER: None
Council Action: Moved by Council Member Reeve, seconded by Mayor Pro Tem
Farias, and carried unanimously to adopt RESOLUTION NO. 17-05-02-06
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING A RECORDS RETENTION POLICY,
AN UPDATED RECORDS RETENTION SCHEDULE AND RESCINDING
RESOLUTION NO. 07-12-18-02."
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. STAFF DIRECTED TO BRING FORTH TO THE CITY COUNCIL AN
ORDINANCE LEGALIZING BEE KEEPING WITHIN CITY LIMITS, INCLUDING
ADDRESSING FACTORS THAT WILL REDUCE CONCERNS RELATED TO
NUISANCE INCLUDING FLYAWAY BARRIERS, WATER AND HIVE DENSITY
(560.50)
Council Member Reeve provided a report. Ben Siegel, City Manager, and Joel
Rojas, Development Services director, responded to questions.
5 5/2/2017
Council Action: Moved by Mayor Ferguson, seconded by Council Member
Patterson, and carried unanimously to direct staff to bring forth to the
City Council an Ordinance legalizing bee keeping within city limits, including
addressing factors that will reduce concerns related to nuisance including
flyaway barriers, water and hive density.
12. STAFF DIRECTED TO BRING BACK FOR CONSIDERATION AT THE
MAY 16, 2017, MEETING, A DRAFT LETTER EXPRESSING CONCERN
TO THE FEDERAL AVIATION ADMINISTRATION (FAA) ABOUT THE
CHANGING FLIGHT PATTERNS AND ELEVATIONS OF JET PLANES ON THE
RESIDENTS OF SAN JUAN CAPISTRANO (940.30)
Council Member Patterson and Mayor Ferguson provided a report. Jacob
Green, Assistant City Manager, responded to questions.
Public Comments: Ken O'Leary, Citizens for No Plane Noise, provided a
PowerPoint presentation; Nancy Gee, City resident; Lisa Hosinski,
City resident; Donna Fleming, City resident; Dennis Drager, City resident;
Jeannie Heldoorn, City resident; and, Steve Behmerwohld, City resident.
Council Action: Moved by Council Member Maryott, seconded by Mayor Pro Tem
Farias, and carried unanimously to direct staff to bring back for consideration at
the May 16, 2017, meeting, a draft letter expressing concern to the Federal
Aviation Administration (FAA) about the changing flight patterns and elevations of
jet planes on the residents of San Juan Capistrano.
13. CONSIDERATION OF LETTER OF SUPPORT FOR SENATE BILL (SB 34 —
STANDARD AND ENFORCEMENT FOR RESIDENTIAL TREATMENT
FACILITIES) — SENATOR PATRICIA BATES — CONTINUED TO MAY 16, 2017,
MEETING (660.40)
Mayor Ferguson provided a report. Jeff Ballinger, City Attorney, responded to
questions.
COUncil Action: Moved by Council Member Maryott, seconded by Mayor
Ferguson, and carried 4-1 with Mayor Pro Tem Farias opposed to continue to the
meeting of May 16, 2017, to provide time for appropriate parties to receive
clarification (on Senate Bill (SB 34 — Standard and Enforcement for Residential
Treatment Facilities)) from the Office of Senator Patricia Bates.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Patterson, Maryott and Mayor Ferguson
NOES: COUNCIL MEMBER: Mayor Pro Tem Farias
ABSENT: COUNCIL MEMBER: None
6 5/2/2017
14. CONSIDERATION OF LETTER OF OPPOSITION TO ANY ALIGNMENT OF
AN EXTENSION TO THE 241 TOLL ROAD THAT TRAVERSES THE CITY OF
SAN JUAN CAPISTRANO — ITEM TABLED TO A FUTURE DATE (660.30)
Public Correspondence: Heather Davis, City resident; Michelle
Schumacher, City resident; Eva O'Keefe, San Clemente resident;
Jen Blakey, City resident; Cord Bauer, San Clemente resident; Jeff Shew,
City resident; Nicole Kuske, City resident; and Virginia Thompson,
City resident.
Mayor Ferguson provided a report.
Public Comments: Heather Davis, City resident; Pete van Nuys,
San Clemente resident; Jennifer Powers, Ladera Ranch resident; David
Garcia, Rancho Mission Viejo resident; Phillip Schwartze, Bonsai resident;
and Steve Behmerwohld, City resident.
Mayor Ferguson made a motion, seconded by Council Member Patterson, to
continue the item to the meeting of May 16, 2017, and direct Council Member
Maryott and Mayor Ferguson to work together on the language for the letter, but
motion failed due to approved substitute motion.
Substitute Council Action: Moved by Mayor Pro Tem Farias, seconded by
Council Member Reeve, and carried 3-2, with Council Member Patterson and
Mayor Ferguson opposed to table the item.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Maryott and Mayor Pro Tem Farias
NOES: COUNCIL MEMBER: Patterson and Mayor Ferguson
ABSENT: COUNCIL MEMBER: None
15. STAFF DIRECTED TO BRING BACK CITY COUNCIL POLICY 130 — RULES
OF ORDER AND PROCEDURES REVISING TO REQUIRE ABSTENTION
VOTES THAT ARE NOT LEGALLY MANDATORY, TO BE CONSIDERED A
"NON -VOTE" (610.30)
Council Member Reeve provided a report.
Council Action: Moved by Mayor Pro Tem Farias, seconded by Council Member
Maryott, and carried 4-1 with Council Member Patterson abstained to direct staff
to bring back to the City Council a revision to City Council Policy 130 — Rules of
Order and Procedures requiring abstention votes that are not legally mandatory,
to be considered a "non -vote."
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Patterson
7 5/2/2017
ADJOURNMENT:
There being no further business Mayor Ferguson adjourned the meeting at 9:00 p.m. to
Tuesday, May 16, 2017, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public
Business Session, in the City Council Chamber.
I
Ily submitted,
( W� 'Z
KRIS, CITY CLERK
Approved: May 16, 2W 7_--
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8 5/2/2017