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18-0306_CC_Minutes_Regular MeetingD D 1 MINUTES March 6, 2018 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Farias called the Regular Meeting of March 6, 2018, of the City Council of the City of San Juan Capistrano to order at 5:21 p.m. in the City Council Chamber. Mayor Pro Tem Maryott led the Pledge of Allegiance and Council Member Ferguson gave the invocation. ROLL CALL: COUNCIL MEMBERS PRESENT: Mayor Sergio Farias, Mayor Pro Tem Brian L. Maryott, and Council Members Kerry K. Ferguson and Derek Reeve. COUNCIL MEMBERS ABSENT: Pam Patterson, Esq. 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. Agenda items are presented in the originally agendized format for the benefit of the minutes' reader, but were not necessarily heard in that order. INTRODUCTIONS AND PRESENTATIONS: B1. MAYOR PRO TEM MARYOTT INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Matt Gaffney, Planning Commission; and, Bill Bonney, Cultural Heritage Commission. B2. PRESENTATION PROVIDED ON PLANNED IMPORT SHUTDOWN AND CONSERVATION Steve May, Public Works Director, provided a presentation. ORAL COMMUNICATIONS: • Public Comments: Yoshi Zemba, City resident; and, Mary -Gage Gillette, City resident. PUBLIC HEARINGS: None. 1 CONSENT CALENDAR.- Council ALENDAR: Council Action: Moved by Council Member Reeve, seconded by Mayor Farias, and carried 4-0 with Council Member Patterson absent to approve items E1 through E9, E11 through E14, and E16, as recommended by staff. E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. E2. CITY COUNCIL MINUTES — REGULAR MEETING OF FEBRUARY 20, 2018 (CLOSED SESSION), APPROVED E3. CITY COUNCIL MINUTES — REGULAR MEETING OF FEBRUARY 20, 2018, APPROVED E4. CHECK REGISTERS FOR THE PERIOD FROM FEBRUARY 2, 2018, TO FEBRUARY 15, 2018, RECEIVED AND FILED (330.30) E5. CASH AND INVESTMENT REPORT FOR MONTH ENDED JANUARY 31, 2018, RECEIVED AND FILED (350.30) E6. COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY FOR FISCAL YEAR 2016-17, AND RELATED AUDIT REPORTS, RECEIVED AND FILED (390.80) E7. FISCAL YEAR 2017-18 SECOND QUARTER FINANCIAL REPORT, RECEIVED AND FILED; AND PROPOSED ADJUSTMENTS (ATTACHMENT 5 TO THE AGENDA REPORT) TO THE CITY'S OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS, APPROVED (330.20) E8. ORDINANCE 1053 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 6-1.01 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE AND ADOPTING ANIMAL CONTROL ORDINANCES OF THE COUNTY OF ORANGE, CALIFORNIA AND REPEALING SECTION 6-1.02 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE" (500.30) E9. CITY MANAGER AUTHORIZED TO EXECUTE AN EXTENSION TO THE SERVICE AGREEMENT WITH GRANICUS, INC., EXTENDING THE TERM TO MARCH 6, 2019, FOR MONTHLY MANAGED WEBCASTING MEDIA SOLUTION SERVICES (600.30) E10. PARKS, RECREATION, YOUTH AND SENIOR SERVICES, TRAILS AND EQUESTRIAN COMMISSION'S RECOMMENDATION TO ELIMINATE THE SEPTEMBER SUMMER NITES CONCERT, THEREBY REDUCING THE SCHEDULE TO A THREE -CONCERT SERIES, NOT APPROVED, THEREBY RETAINING THE 4T" CONCERT IN SEPTEMBER; AND, FOR STAFF TO CONSIDER THE POSSIBILITY OF HOLDING THE 4T" WEDNESDAY CONCERT ON A SATURDAY INSTEAD, WITH AN EARLIER START TIME (960.30) 2 3/6/2018 • Public Correspondence: John Gillotti, Chamber of Commerce. Benjamin Siegel, City Manager, provided an agenda report and responded to questions. • Public Comments: Matt Gaffney, City resident; Steve Behmerwohld, City resident; and Scott Hunter, no place of residence provided. Council Action: Moved by Council Member Ferguson, seconded by Council Member Reeve, and carried 4-0 with Council Member Patterson absent to retain the 4t" Summer Nites Concert in September; and, for staff to consider the possibility of holding the 4t" Wednesday concert on a Saturday instead, with an earlier start time. ROLL CALL: AYES: COUNCIL MEMBERS: Ferguson, Reeve, Maryott and Mayor Farias NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Patterson E11. RESOLUTION NO. 18-03-06-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A POLICY WHICH DELEGATES BASIC CLAIMS TO THE CITY MANAGER, OR DESIGNEE, IN AN AMOUNT NOT TO EXCEED $45,000, AS AUTHORIZED BY GOVERNMENT CODE SECTION 935.4 (610.30) E12. HISTORIC TOWN CENTER DRAINAGE IMPROVEMENT PROJECT (CIP 15502), IN THE AMOUNT OF $126,204, UNFUNDED; $71,936 APPROPRIATED FROM THE SUCCESSOR AGENCY NON -HOUSING BOND FUND FOR THE CAMINO CAPISTRANO STORMWATER TREATMENT PROJECT (CIP12502); $54,268 APPROPRIATED FROM THE SUCCESSOR AGENCY NON -HOUSING BOND FUND FOR THE DEL OBISPO STORMWATER TREATMENT PROJECT (CIP16502); CONTRACT AWARDED FOR THE CAMINO CAPISTRANO AND DEL OBISPO STREET STORMWATER TREATMENT PROJECTS (CIP 12502 AND CIP 16502) TO THE LOWEST RESPONSIBLE BIDDER, LUCAS BUILDERS, INC., IN THE AMOUNT OF $399,204; AND, CITY MANAGER AUTHORIZED TO EXECUTE THE CONTRACT AND TO APPROVE CHANGE ORDERS THAT WILL NOT INCREASE THE CONTRACT AMOUNT BY MORE THAN $48,000 (12%) (600.30) E13. CITY MANAGER AUTHORIZED TO EXECUTE A CONSENT TO ASSIGNMENT AGREEMENT BETWEEN THE CITY, BRIGHTVIEW LANDSCAPE SERVICES, INC., AND MARINA LANDSCAPE MAINTENANCE, INC., FOR LANDSCAPE MAINTENANCE AND REPAIR SERVICES (600.30) 3 3/6/2018 E14. EMERGENCY PURCHASE IN THE AMOUNT OF $16,559.40 FOR JOSHUA GRADING AND EXCAVATING, INC. FOR THE TRIMMING OF PALM TREES WITHIN THE ORANGE COUNTY TRANSPORTATION AUTHORITY RAILROAD RIGHT-OF-WAY, RATIFIED (370.10) E15. RESOLUTION NO. 18-03-06-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO. CALIFORNIA, APPROVING THE SUBMITTAL OF THE SUMMER TROLLEY PROGRAM APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE PROJECT V COMMUNITY-BASED TRANSIT/CIRCULATORS PROGRAM" (800.10) Public Correspondence: John Gillotti, Chamber of Commerce. Council Action: Moved by Mayor Farias, seconded by Council Member Ferguson, and carried 4-0 with Council Member Patterson absent to adopt RESOLUTION NO. 18-03-06-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE SUBMITTAL OF THE SUMMER TROLLEY PROGRAM APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE PROJECT V COMMUNITY-BASED TRANSIT/CIRCULATORS PROGRAM." (800.10) ROLL CALL: AYES: COUNCIL MEMBERS: Ferguson, Reeve, Maryott and Mayor Farias NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Patterson E16. CITY COUNCIL'S REGULAR MEETING OF NOVEMBER 6, 2018, RESCHEDULED TO NOVEMBER 5, 2018 (610.15) ADMINISTRATIVE ITEMS: F1. DEVELOPMENT SERVICES RESOLUTION NO. 18-03-06-03 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING A GENERAL PLAN AMENDMENT AND LAND USE CODE AMENDMENT STUDY TO CORRECT INCONSISTENCIES BETWEEN THE CITY'S HISTORIC TOWN CENTER MASTER PLAN, HISTORIC TOWN CENTER FORM BASED CODE AND GENERAL PLAN AND MAKING A DETERMINATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH;" WITH THE EXCEPTION OF ITEM 2B (FORM BASED CODE MAXIMUM BUILDING HEIGHT) BY SELECTING THE ALTERNATE RECOMMENDATION FROM STAFF (AS DESCRIBED IN STAFF'S POWERPOINT PRESENTATION) FOR TWO STORY BUILDINGS TO REMAIN AT 35 FEET, AND UP TO 45 FEET FOR 4 3/6/2018 1 1 1 1 HOTEL BUILDINGS; AND, STAFF DIRECTED TO INITIATE A PROCESS TO REPEAL THE HISTORIC TOWN CENTER MASTER PLAN (440.25) Joel Rojas, Development Services Director, provided a PowerPoint presentation and responded to questions. Benjamin Siegel, City Manager, responded to questions. • Public Comments: Matt Gaffney, City resident; and, Steve Behmerwohld, City resident. Council Action: Moved by Council Member Reeve, seconded by Mayor Farias, and carried 4-0 with Council Member Patterson absent to adopt RESOLUTION NO. 18-03-06-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING A GENERAL PLAN AMENDMENT AND LAND USE CODE AMENDMENT STUDY TO CORRECT INCONSISTENCIES BETWEEN THE CITY'S HISTORIC TOWN CENTER MASTER PLAN, HISTORIC TOWN CENTER FORM BASED CODE AND GENERAL PLAN AND MAKING A DETERMINATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH;" with the exception of Item 2B (Form Based Code Maximum Building Height) by selecting the alternate recommendation from staff (as described in staffs PowerPoint presentation) for two story buildings to remain at 35 feet, and up to 45 feet for hotel buildings; and, direct staff to initiate a process to repeal the Historic Town Center Master Plan. ROLL CALL: AYES: COUNCIL MEMBERS: Ferguson, Reeve, Maryott and Mayor Farias NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Patterson F1 b. DISCRETIONARY USE PERMIT (DUP 17-002) REVIEW PROCESS INITIATED FOR A PROPOSED DRIVE-THROUGH CHICK-FIL-A RESTAURANT CONSISTING OF A 2,428 SQUARE FOOT RESTAURANT BUILDING WITH A 461 SQUARE FOOT COVERED PATIO AREA LOCATED AT 31872 DEL OBISPO STREET (460.70) Joel Rojas, Development Services Director, provided a PowerPoint presentation and responded to questions. Benjamin Siegel, City Manager, responded to questions. • Public Comments: Jennifer Daw, Development Manager, Chick-Fil-A, provided a presentation; Steve DeNault, DeNault's True Value Hardware; and Matt Gaffney, City resident. F'1 3/6/2018 Council Action: Moved by Council Member Reeve, seconded by Mayor Farias, and carried 4-0 with Council Member Patterson absent to initiate a Discretionary Use Permit (DUP 17-002) review process for a proposed drive-through Chick-fil-A restaurant consisting of a 2,428 square foot restaurant building with a 461 square foot covered patio area located at 31872 Del Obispo Street. ROLL CALL: AYES: COUNCIL MEMBERS: Ferguson, Reeve, Maryott and Mayor Farias NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Patterson SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Housing Authority Minutes) SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) COUNCIL ACTION ITEMS: None. CITY COUNCIL REPORTS: • Council Member Ferguson reported on the following: Association of California Cities of Orange County Legislative and Regulatory Committee Meeting; Bad to the Bone Ribbon Cutting; Southern California Association of Governments Meeting; and, reported on upcoming San Juan Capistrano Fiesta Association's events. ADJOURNMENT: The rbeing, no further business Mayor Farias adjourned the meeting at 7:05 p.m. to Tuesd y March 20, 2018, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public Busin syS¢ssion, in the City Council Chamber. submitted, IS, CITY(CLt2K Approved: March 20, 2018 ATTEST: SERGIO FARIAS, MAYOR 6 3/6/2018 A