17-0516_CC_Minutes_Regular MeetingMINUTES
May 16, 2017
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION :
Mayor Ferguson called the Regular Meeting of May 16, 2017, of the
City Council of the City of San Juan Capistrano to order at 5:35 p.m. in the
City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. Mayor Pro Tern
Farias led the Pledge of Allegiance and Council Member Maryott 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 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 Maryott reported on the following: attending a Transportation
Corridor Agencies (TCA) Meeting; and made remarks regarding Senate Bill
(SB) 34 Standard and Enforcement for Residential Treatment Facilities,
discussed at the May 2, 2017, City Council meeting, and voiced concerns with
having proper care for those who suffer from addiction.
• Council Member Patterson reported on the following: attending a SONGS
Decommissioning Community Engagement Panel Meeting; and, voiced concerns
with mismanagement and code violations at the Rancho Mission Viejo Riding
Park at San Juan Capistrano.
• Council Member Reeve reported on the following: encouraged the public to
watch online the SONGS Decommissioning Community Engagement Panel
meetings; and, thanked staff for doing a great job.
• Mayor Ferguson reported on the following: provided an update on Senate Bill
(SB) 34 Standard and Enforcement for Residential Treatment Facilities; attending
the Battle of the Mariachis at the Mission; Eagle Scouts Court of Honor
Ceremony; Ribbon Cutting Ceremony for the Docent Brewery; Child Safety
Seminar; Goin Native Therapeutic Gardens Eco Garden Expo; and, Southern
California Association of Governments (SCAG) General Assembly Meeting.
1
INTRODUCTIONS AND PRESENTATIONS:
B1. MAYOR PROTEM FARIAS INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE: 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; John Perry, Utilities Commission;
Mark Speros and Robert Williams, Planning Commission; and Gate Petersen,
Youth Advisory Board.
B2 . MAY 2017, THROUGH OCTOBER 2017, PROCLAIMED AS DROWNING
PREVENTION AWARENESS
B3 . NATHAN BANDA, CULTURAL HERITAGE COMMISSION; NANCY CAMPMAN,
HOUSING ADVISORY COMMITTEE; LENNIE DECARO, PLANNING
COMMISSION; JILL HANNA, FORMER TRAILS AND EQUESTRIAN
COMMISSION; GERALD MUIR, DESIGN REVIEW COMMITTEE; KIM
MCCARTHY, FORMER PARKS, RECREATION, SENIOR AND YOUTH
SERVICES COMMISSION; AND, CHRISTIE SMEAD, CULTURAL HERITAGE
COMMISSION, RECOGNIZED FOR THEIR YEARS OF DEDICATION TO THE
CITY OF SAN JUAN CAPISTRANO
ORAL COMMUNICATIONS :
• Public Correspondence: Stephen Wontrobski, Mission Viejo resident; Michael
Laux (2 correspondences), City resident; and, Monique Rea, City resident.
• Public Comments: Paul Gavin, City resident; Monique Rea, City resident;
Frank Larkin, City resident; Steve Behmerwohld, City resident; Mark Speros,
City resident; Richard Hutchinson, Camino Real Playhouse; and, Gate Petersen,
City resident.
PUBLIC HEARINGS :
D1 . RECOMMENDATION FROM THE PLANNING COMMISSION THAT THE
FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOUND
CONSISTENT WITH THE PREVIOUSLY CERTIFIED ENVIRONMENTAL
IMPACT REPORT (EIR) THAT WAS PREPARED AND APPROVED FOR THE
DISTRITO LA NOVIA -SAN JUAN MEADOWS PROJECT AND WAS
CERTIFIED BY THE CITY COUNCIL (RESOLUTION 10-11-02-01) ON
NOVEMBER 2, 2010 (SCH #2008061078); AND, FIRST READING AND
INTRODUCTION OF AN ORDINANCE ENTITLED "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AND ADOPTING THE FIRST AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR THE DISTRITO LA NOVIA -SAN JUAN
MEADOWS 154-ACRE MIXED USE RESIDENTIAL AND COMMERCIAL
PROJECT, BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND
ADVANCED GROUP 99-SJ, AND ADVANCED GROUP 03-79-2 EXTENDING
THE TERM OF THE DEVELOPMENT AGREEMENT FOR FOUR (4) YEARS
FROM JUNE 7, 2017, TO JUNE 7, 2021, FOR A PROJECT LOCATED
2 5/16/2017
GENERALLY EAST OF INTERSTATE 5 AND VALLE ROAD, SOUTHWARD
FROM SAN JUAN CREEK ROAD TO LA NOVIA AVENUE, AND FROM VISTA
MARINA NORTHWARD TO LA NOVIA AVENUE WEST OF THE SAN JUAN
HILLS GOLF CLUB (ASSESSOR PARCEL NUMBERS 666-292-01, AND 02 ,
666-311-02, THROUGH 04 AND 666-312-01) (THE "DISTRITO LA NOVIA -
SAN JUAN MEADOWS PROJECT")," APPROVED (600.30)
• Public Correspondence: Michael Recupero, Recupero and Associates,
Inc.
Joel Rojas, Development Services Director, provided a PowerPoint presentation
and responded to questions. Ben Siegel, City Manager, and Jeff Ballinger,
City Attorney , responded to questions .
• Robert Williams, Planning Commissioner provided the views of the
Planning Commission.
Mayor Ferguson opened the public hearing and invited public testimony.
• Public Testimony: Robb Cerruti, representing Applicant Advance Real
Estate Services on behalf of Advance Group ; John Perry, City resident
(provided handout); Jim Carol, Gamechanger; and , Monique Rea,
City resident.
Mayor Ferguson closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance .
Co un cil Act io n: Moved by Council Member Maryott, seconded by Mayor
Pro Tern Farias, and carried 4-1 with Council Member Patterson opposed to find
that the recommendation from the Planning Commission that the First
Amendment to the Development Agreement is consistent with the previously
certified Environmental Impact Report (EIR) that was prepared and approved for
the Distrito La Novia -San Juan Meadows Project and was certified by the City
Council (Resolution 10-11-02-01) on November 2, 2010 (SCH #2008061078);
and , Approve the first reading and introduction of an Ordinance entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING THE FIRST
AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE DISTRITO LA
NOVIA -SAN JUAN MEADOWS 154-ACRE MIXED USE RESIDENTIAL AND
COMMERCIAL PROJECT, BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND ADVANCED GROUP 99-SJ, AND ADVANCED GROUP 03-
79-2 EXTENDING THE TERM OF THE DEVELOPMENT AGREEMENT FOR
FOUR (4) YEARS FROM JUNE 7, 2017 TO JUNE 7, 2021, FOR A PROJECT
LOCATED GENERALLY EAST OF INTERSTATE 5 AND VALLE ROAD,
SOUTHWARD FROM SAN JUAN CREEK ROAD TO LA NOVIA AVENUE, AND
FROM VISTA MARINA NORTHWARD TO LA NOVIA AVENUE WEST OF THE
SAN JUAN HILLS GOLF CLUB (ASSESSOR PARCEL NUMBERS 666-292-01,
AND 02 , 666-311-02 , THROUGH 04 AND 666-312-01)(THE "DISTRITO LA
NOVIA-SAN JUAN MEADOWS PROJECT")."
3 5/16/2017
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson
COUNCIL MEMBER: Patterson
COUNCIL MEMBER: None
02. RECOMMENDATION FROM THE PLANNING COMMISSION THAT THE
SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOUND
CONSISTENT WITH THE PREVIOUSLY CERTIFIED ENVIRONMENTAL
IMPACT REPORT (EIR) THAT WAS PREPARED AND APPROVED FOR THE
PLAZA BANDERAS HOTEL AND MIXED USE PROJECT AND WAS
CERTIFIED BY THE CITY COUNCIL (RESOLUTION 10-10-05-05) ON
OCTOBER 5, 2010 (SCH #2010051075); AND, FIRST READING AND
INTRODUCTION OF AN ORDINANCE ENTITLED "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AND ADOPTING A SECOND AMENDMENT TO THE
DEVELOPMENT AGREEMENT FOR THE PLAZA BANDERAS HOTEL AND
MIXED USE PROJECT, BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND SOUTH COAST INVESTORS II, LLC, EXTENDING THE TERM OF THE
DEVELOPMENT AGREEMENT FROM AUGUST 3, 2017 TO AUGUST 3, 2018,
FOR A 3.18-ACRE SITE LOCATED AT 26891 ORTEGA HIGHWAY
(ASSESSOR PARCEL NUMBERS 124-170-12, 14, 15, &16) (APPLICANT:
JAKE GRIFFITH, SOUTH COAST INVESTORS II, LLC) (THE "PLAZA
BANDERAS HOTEL PROJECT")," APPROVED (600.30)
• Public Correspondence: Steve Nordeck, City business owner;
Mark Bodenhamer, Chamber of Commerce; Steve Oedekerk,
City resident; Ann Ronan, City resident.
Joel Rojas, Development Services Director, provided a PowerPoint presentation
and responded to questions . Ben Siegel, City Manager, Jeff Ballinger,
City Attorney, and David Contreras, Senior Planner, responded to questions.
• Robert Williams, Planning Commissioner provided the views of the
Planning Commission.
Mayor Ferguson opened the public hearing and invited public testimony .
• Public Testimony: Dan Friess, representing Applicant South Coast
Investors II, LLC; Monique Rea, City resident; Dave Salt, City resident;
Marc Weintraub, City resident; Frank Larkin, City resident; Charles
Krolikowski, Newmeyer & Dillon LLP; Steve Behmerwohld, City resident;
Jake Griffith, South Coast Investors II, LLC; and Steve Oedekerk,
City resident.
Mayor Ferguson closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance .
4 5/16/2017
Council Action: Moved by Mayor Ferguson, seconded by Council Member
Maryott, and carried 3-2 with Council Member Reeve and Mayor Pro Tern Farias
opposed to find that the recommendation from the Planning Commission that the
Second Amendment to the Development Agreement is consistent with the
previously certified Environmental Impact Report (EIR) that was prepared and
approved for the Plaza Banderas Hotel and Mixed Use Project and was certified
by the City Council (Resolution 10-1 0-05-05) on October 5, 2010 (SCH
#201 0051 075); and, approve the first reading and introduction of an Ordinance
entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING A SECOND
AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE PLAZA
BANDERAS HOTEL AND MIXED USE PROJECT, BETWEEN THE CITY OF
SAN JUAN CAPISTRANO AND SOUTH COAST INVESTORS II, LLC,
EXTENDING THE TERM OF THE DEVELOPMENT AGREEMENT FROM
AUGUST 3, 2017 TO AUGUST 3, 2018, FOR A 3.18-ACRE SITE LOCATED AT
26891 ORTEGA HIGHWAY (ASSESSOR PARCEL NUMBERS 124-170-12, 14,
15, &16) (APPLICANT: JAKE GRIFFITH, SOUTH COAST INVESTORS II, LLC)
(THE "PLAZA BANDERAS HOTEL PROJECT")."
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Patterson , Maryott and Mayor Ferguson
COUNCIL MEMBER: Reeve and Mayor Pro Tern Farias
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 E3, E5,
E6, E8 through E11, E13, E15 and E16, as recommended by staff, with Council
Member Patterson opposed to consent calendar items E5 and E16.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES -ADJOURNED REGULAR MEETING OF
APRIL 26, 2017 (DOWNTOWN PROPERTIES WORKSHOP), APPROVED
E3 . CITY COUNCIL MINUTES -SPECIAL MEETING OF MAY 2, 2017
(CLOSED SESSION), APPROVED
E4. CITY COUNCIL MINUTES -REGULAR MEETING OF MAY 2, 2017,
APPROVED
Counci l Action: Moved by Council Member Reeve, seconded by Mayor Pro Tern
Farias, and carried unanimously to approve the City Council Minutes for the
Regular Meeting of May 2, 2017, with the following correction to page 7:
Moved by Mayor Pro Tern 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 "Re !1Q!1-vote."
5 5/16/2017
E5. CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS
DATED APRIL 14, 2017, TO APRIL 27, 2017; PAYROLL (CHECKS) DATED
APRIL 21 , 2017; PAYROLL (DIRECT DEPOSITS) DATED APRIL 21, 2017; AND
PAYROLL (CHECK) APRIL 25, 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 . REVIEW OF OPEN SPACE BONDS MEASURE Y 2016 ANNUAL FINANCIAL
REPORT, RECEIVED AND FILED (390 .80)
E7 . CITY COUNCIL POLICY 130 -RULES OF ORDER AND PROCEDURES
REVISED TO REQUIRE ABSTENTION VOTES THAT ARE NOT LEGALLY
MANDATORY, TO BE CONSIDERED A "NON-VOTE" (610.30)
Council Action: Moved by Council Member Reeve, seconded by Mayor Pro Tern
Farias, and carried unanimously to revise City Council Policy 130 -Rules of
Order and Procedures to require abstention votes that are not legally mandatory,
to be considered a "RG non-vote."
E8 . MORGAN WICKSTROM, CAPISTRANO VALLEY HIGH SCHOOL; TREVOR
KEENAN, J SERRA HIGH SCHOOL; TORI COOPER, SAN JUAN HILLS HIGH
SCHOOL; MARINA ESQUIVEL, SAN JUAN HILLS HIGH SCHOOL; ELLA
FRIESS, SAN JUAN HILLS HIGH SCHOOL; EMILY FRIESS, SAN JUAN HILLS
HIGH SCHOOL; BRENDA GALVAN, SAN JUAN HILLS HIGH SCHOOL;
ANGELICA GONZALEZ, SAN JUAN HILLS HIGH SCHOOL; AUSNA HARIS,
SAN JUAN HILLS HIGH SCHOOL; DAVID LEE, SAN JUAN HILLS HIGH
SCHOOL ; GATE PETERSEN, SAN JUAN HILLS HIGH SCHOOL; MONIKA
ROBLES, SAN JUAN HILLS HIGH SCHOOL; ISABELLA ZUNIGA , SAN JUAN
HILLS HIGH SCHOOL; BRIANNA JAHANGIRI, SANTA MARGARITA HIGH
SCHOOL; GRANT KINSEY, ST. MARGARET'S EPISCOPAL HIGH SCHOOL;
AND, BLAKE STEVENSON, ST. MARGARET'S EPISCOPAL HIGH SCHOOL
APPOINTED TO SERVE ON THE YOUTH ADVISORY BOARD (YOUTH
MEMBERS), WITH TERMS ENDING AUGUST 31, 2018
E9 . NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.1 0)
E1 0. CITY MANAGER AUTHORIZED TO EXECUTE CONSTRUCTION CONTRACTS
WITH LAYNE CHRISTENSEN COMPANY AND WITH INDUSTRIAL POWER &
AUTOMATION FOR THE WELL REHABILITATION AND EQUIPMENT
REPLACEMENT PROJECT (CIP 17807) IN THE AMOUNTS NOT TO EXCEED
$109,586 AND $11,319, RESPECTIVELY (600.30)
6 5/16/2017
E11. RESOLUTION 17-05-16-01 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 LOCAL STREETS PAVEMENT REHABILITATION
PROJECT, BY R. J . NOBLE COMPANY (CIP 16105);" 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 $61,393.85 THIRTY-FIVE DAYS AFTER
RECORDATION OF THE NOTICE OF COMPLETION (600.30)
E12. CITY MANAGER AUTHORIZED TO EXECUTE A CONTRACT WITH UNISPEC
CONSTRUCTION, INC. IN THE AMOUNT OF $198,000 FOR CONSTRUCTION
OF THE CITYWIDE BIKEWAY GAP CLOSURE PROJECT (CIP 11203); AND,
CITY MANAGER AUTHORIZED TO APPROVE CONTRACT CHANGE
ORDERS NOT TO EXCEED 10% OF THE CONTRACT AMOUNT (600.30)
Steve May, Utilities and Public Works Director, provided an agenda report and
responded to questions. Ben Siegel, City manager, responded to questions.
Counc il Action: Moved by Council Member Reeve, seconded by Mayor ProTem
Farias, and carried 4-1 with Council Member Patterson opposed to authorize the
City Manager to execute a Contract with Unispec Construction, Inc. in the
amount of $198,000 for construction of the Citywide Bikeway Gap Closure
Project (CIP 11203); and, authorize the City Manager to approve contract change
orders not to exceed 10% of the contract amount.
ROLL CALL:
AYES:
NOES:
ABSENT :
COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson
COUNCIL MEMBER: Patterson
COUNCIL MEMBER: None
E13. RESOLUTION 17-05-16-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING "NO PARKING ANY TIME" ON THE NORTH SIDE OF
VIA CERRO REBAL FROM VIA RAMONA TO WESTERLY 100 FEET' (570.30)
E14 . COMPLAINT LETTER TO THE FEDERAL AVIATION ADMINISTRATION (FAA)
REGARDING THE IMPACT OF CHANGING FLIGHT PATTERNS AND
ELEVATIONS OF AIRCRAFT ON THE RESIDENTS OF SAN JUAN
CAPISTRANO, APPROVED (660.50/940.30)
Jacob Green, Assistant City Manager, provided an agenda report and responded
to questions.
• Public Comments: Donna Fleming, City resident.
7 5/16/2017
Council Member Patterson made a motion, seconded by Mayor Ferguson, but
motion failed 3-2 with Council Member Reeve, Council Member Maryott and
Mayor Pro Tern Farias opposed to approve a complaint letter to the Federal
Aviation Administration (FAA) regarding the impact of changing flight patterns
and elevations of aircraft on the residents of San Juan Capistrano; and, adding
the following to the letter under paragraph 3, line 4: ... the City would like
clarification from the FAA regarding the potential environmental effects of the
initiatives on residents and wildlife in the City of San Juan Capistrano, and
specifically with respect to the Cliff Swallows that have migrated to San Juan
Capistrano for hundreds of vears.
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Patterson and Mayor Ferguson
COUNCIL MEMBER: Reeve, Maryott and Mayor ProTem Farias
COUNCIL MEMBER: None
Council Action: Moved by Council Member Reeve, seconded by Council
Member Maryott, and carried 4-1 with Council Member Patterson opposed to
approve a complaint letter to the Federal Aviation Administration (FAA) regarding
the impact of changing flight patterns and elevations of aircraft on the residents
of San Juan Capistrano.
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Reeve, Maryott , Farias and Mayor Ferguson
COUNCIL MEMBER: Patterson
COUNCIL MEMBER: None
E15 . RESOLUTION 17-05-16-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL
CLEANUP, TIER 1 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL
TRANSPORTATION ORDINANCE NO. 3 FOR THE CAMINO CAPISTRANO
AND DEL OBISPO STREET STORMWATER TREATMENT PROJECTS
(CIP 12502 & 16502)" (800.70)
E16. CITY MANAGER AUTHORIZED TO PREPARE AND EXECUTE AN
AMENDMENT TO THE CONTRACT FOR CONSULTING SERVICES WITH
KOSMONT COMPANIES IN THE AMOUNT NOT TO EXCEED $20 ,000; AND,
$20,000 APPROPRIATED FROM THE EASTERN OPEN SPACE FUND FOR
CONSULTANT COSTS NECESSARY TO ASSIST STAFF IN NEGOTIATING AN
INTERIM MANAGEMENT AGREEMENT FOR THE RANCHO MISSION VIEJO
RIDING PARK AT SAN JUAN CAPISTRANO WITH BLENHEIM FACILITIES
MANAGEMENT (600.30)
ROLL CALL:
AYES:
NOES:
ABSENT:
COUNCIL MEMBER: Reeve, Maryott , Farias and Mayor Ferguson
COUNCIL MEMBER: Patterson
COUNCIL MEMBER: None
8 5/16/2017
E17. CLAIM OF KIMBERLEY 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 Acti on: Moved by Council Member Maryott, seconded by Council
Member Reeve, and carried 4-1 with Council Member Patterson opposed to deny
the claim of Kimberley 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, Farias and Mayor Ferguson
COUNCIL MEMBER: Patterson
COUNCIL MEMBER: None
E18 . CLAIM OF EVA CRABBS 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.
Counc il Actio n : Moved by Council Member Reeve, seconded by Mayor Pro Tern
Farias, and carried 4-1 with Council Member Patterson opposed to deny the
claim of Eva Crabbs based on the investigation and recommendation of the
City's insurance adjuster, Carl Warren & Company.
ROLL CALL:
AYES:
NOES:
ABSENT :
COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson
COUNCIL MEMBER: Patterson
COUNCIL MEMBER: None
ADMINISTRATIVE ITEMS:
F1 . CITY MANAGER
a . REVIEW OF 2017 CITY COUNCIL KEY PRIORITIES (610.70)-CONTINUED
TO JUNE 6, 2017
9 5/16/2017
F2. CITY ATTORNEY/C ITY CLERK
a . CONSIDERATION OF A RESOLUTION ADOPTING A CITY COUNCIL POLICY
-ELECTRONIC COMMUNICATIONS CONCERNING CITY BUSINESS
(160.60/610.30)-CONTINUED TO JUNE 6, 2017
b. RESOLUTION 17-05-16-04 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
RESCINDING RESOLUTION NO. 16-12-06-02 AND THEREBY CANCELLING
AN ELECTION ON CITY COUNCIL TERM LIMITS SCHEDULED FOR
NOVEMBER 6, 2018" (630.20)
• Public Comments: Joanne Marquez, City resident; and Stephanie
Heredia, City resident.
Jim Priest, Legal Counsel, provided an agenda report and responded to
questions. Jeff Ballinger, City Attorney, responded to questions.
• Public Comments: Stephanie Heredia, City resident; and, Anna Dickinson,
City resident.
Council Action : Moved by Council Member Maryott, seconded by Mayor Pro Tern
Farias, and carried unanimously to adopt RESOLUTION 17-05-16-04 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RESCINDING RESOLUTION NO . 16-12-06-02
AND THEREBY CANCELLING AN ELECTION ON CITY COUNCIL TERM
LIMITS SCHEDULED FOR NOVEMBER 6, 2018."
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS:
H1. CONSIDERATION OF STREAMLINING THE APPLICATION REVIEW
PROCESS FOR MICROBREWERIES (460.10) -CONTINUED TO
JUNE 6, 2017
H2. CONSIDERATION OF MODIFICATIONS TO THE BY-LAWS OF THE SAN
JUAN CAPISTRANO CITY FOUNDATION, AND MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE SAN JUAN CAPISTRANO CITY
FOUNDATION AND THE CITY (130.10) -ITEM REMOVED FROM THE
AGENDA
10 5/16/2017
ADJOURNMENT:
There being no further business Mayor Ferguson adjourned the meeting at 9:06p.m. to
Tuesday, June 6, 2017, at 4:00p.m. for Closed Session, and 5:00 p.m. for the public
Bus in ' ss Se sion, in the City Council Chamber.
Approved: June 6, 2017
ATTEST:
11 5/16/2017