18-0306_CC_Minutes_Regular MeetingD
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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.
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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)
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• 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)
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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
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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.
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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
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