18-0403_CC_Minutes_Regular MeetingMINUTES
April 3, 2018
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Farias called the Regular Meeting of April 3, 2018, of the
City Council of the City of San Juan Capistrano to order at 5:14 p.m. in the
City Council Chamber. Mayor Farias 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, Derek Reeve and
Pam Patterson, Esq.
COUNCIL MEMBERS ABSENT: None.
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: None.
ORAL COMMUNICATIONS:
• Public Correspondence: Rhen Kohan, City resident (2 correspondences); and,
Nancy French, City resident.
• Public Comments: Sonya Wong, The Ark of San Juan; James Leone,
City resident; Kim McCarthy, City resident; Chad Kurthy, Rancho Santa
Margarita resident (provided handout), Mary Navarro, Dana Point resident;
Marion Simon, City resident; and, Kathy Hobstetter, City resident.
PUBLIC HEARINGS: None.
MOTION TO CHANGE AGENDA ORDER:
Council Action: Moved by Mayor Farias, seconded by Mayor Pro Tem Maryott, and
carried unanimously to move up Council Action Item 11 before the Consent Calendar.
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CONSENT CALENDAR:
Council Action: Moved by Mayor Farias, seconded by Mayor Pro Tem Maryott, and
carried unanimously to approve consent calendar items E1 through E3, E5 through E9,
and E11, as recommended by staff, with Council Member Patterson opposed to consent
calendar item E11.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — REGULAR MEETING OF MARCH 20, 2018
(CLOSED SESSION), APPROVED
E3. CITY COUNCIL MINUTES — REGULAR MEETING OF MARCH 20, 2018,
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM MARCH 2, 2018, TO
MARCH 15, 2018, RECEIVED AND FILED (330.30)
Benjamin Siegel, City Manager, and Ken AI -Imam, Chief Financial Officer,
responded to questions.
Council Action: Moved by Council Member Ferguson, seconded by Mayor Farias,
and carried 4-1 with Council Member Patterson opposed to receive and file the
Check Registers for the period from March 2, 2018, to March 15, 2018.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Reeve, Maryott and Mayor Farias
NOES: COUNCIL MEMBER: Patterson
ABSENT: COUNCIL MEMBER: None
E5. CASH AND INVESTMENT REPORT FOR MONTH ENDED
FEBRUARY 28, 2018, RECEIVED AND FILED (350.30)
E6. CITY MANAGER AUTHORIZED TO EXECUTE A THIRD AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH VINCENTBENJAMIN
GROUP, LLC, FOR TEMPORARY STAFFING SERVICES (600.30)
E7. REQUEST FOR PROPOSALS (SUBSTANTIALLY FORM ATTACHED TO
AGENDA REPORT) FOR CONSULTANT SERVICES FOR SOLID WASTE
FRANCHISE AGREEMENT NEGOTIATIONS WITH THE CITY'S CURRENT
SOLID WASTE FRANCHISE CONTRACTOR AND, IF NECESSARY, FOR
ASSISTANCE WITH A COMPETITIVE BIDDING PROCESS FOR A NEW SOLID
WASTE FRANCHISE AGREEMENT, APPROVED; AND, $50,000
APPROPRIATION FROM THE GENERAL FUND TO PROVIDE THE FUNDING
FOR THE COSTS OF THE CONSULTANT, APPROVED (600.30)
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E8. MEMORIAL DONATION REQUEST FROM MRS. LOIS COHEN TO INSTALL A
WOODEN BENCH AND DEDICATION PLAQUE IN REATA PARK (IN MEMORY
OF FORMER PLANNING COMMISSIONER SHELDON COHEN), APPROVED
(150.65)
E9. MEMORANDUM OF UNDERSTANDING (MOU) WITH THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA ON BEHALF OF ITS ORANGE COUNTY
COOPERATIVE EXTENSION MASTER GARDENERS PROGRAM
(UCCE/GCMG), APPROVED; AND, CITY MANAGER AUTHORIZED TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING AND UP TO A
MAXIMUM OF FOUR ADDITIONAL ONE-YEAR TERM EXTENSIONS (600.30)
E10. MEMORANDUM OF UNDERSTANDING WITH THE VETERANS OF FOREIGN
WARS FOR THE VETERANS DAY AND MEMORIAL DAY EVENTS AND
SUPPORT SERVICES (600.30) — ITEM MOVED BY STAFF TO A FUTURE
MEETING
El 1. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO.1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS FOR
THE PREPARATION OF AN ENVIRONMENTAL DOCUMENT, PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AT A COST
NOT -TO -EXCEED $184,232, TO BE FUNDED BY THE APPLICANT; AND
CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH LINSCOTT, LAW &
GREENSPAN, ENGINEERS (LLG) FOR THE PREPARATION OF A TRAFFIC
IMPACT ANALYSIS, AT A COST NOT -TO -EXCEED $92,856, TO BE FUNDED
BY THE APPLICANT (600.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Reeve, Maryott and Mayor Farias
NOES: COUNCIL MEMBER: Patterson
ABSENT: COUNCIL MEMBER: None
ADMINISTRATIVE ITEMS:
F1. DEVELOPMENT SERVICES
a. RESOLUTION NO. 18-04-03-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING A GENERAL PLAN AMENDMENT STUDY FOR A
PROPOSED COMMERCIAL AND OFFICE DEVELOPMENT PROJECT
REFERRED TO AS RIVER STREET MARKETPLACE TO BE LOCATED ON
APPROXIMATELY 5.86 ACRES OF THE ITO NURSERY PROPERTY AT 31825
LOS RIOS STREET (ASSESSOR PARCEL NUMBERS 121-160-28,121-160-22,
AND 121-160-49) AND MAKING A DETERMINATION PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION
THEREWITH" (440.25)
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• Public Correspondence: Kim McCarthy, City resident.
Joel Rojas, Development Services Director, provided a PowerPoint presentation
and responded to questions.
• Public Comments: Howard Hart, City resident; Michael Laux, City resident,
Stacey Fitts, City resident; Mary Ann Davidson, City resident; Jeff Vasquez,
City resident; Joanne Marquez, City resident; Michael Forster, City resident;
Steve Oedekerk, City resident; and, Bob Cardoza, City resident.
Council Action: Moved by Mayor Pro Tem Maryott, seconded by
Council Member Reeve, and carried 4-1 with Council Member Patterson opposed
to adopt RESOLUTION NO. 18-04-03-01 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING A GENERAL PLAN AMENDMENT STUDY FOR A PROPOSED
COMMERCIAL AND OFFICE DEVELOPMENT PROJECT REFERRED TO AS
RIVER STREET MARKETPLACE TO BE LOCATED ON APPROXIMATELY 5.86
ACRES OF THE ITO NURSERY PROPERTY AT 31825 LOS RIOS STREET
(ASSESSOR PARCEL NUMBERS 121-160-28, 121-160-22, AND 121-160-49)
AND MAKING A DETERMINATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH."
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Reeve, Maryott and Mayor Farias
NOES: COUNCIL MEMBER: Patterson
ABSENT: COUNCIL MEMBER: None
F1b. FIRST READING AND INTRODUCTION OF AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE SAN JUAN CAPISTRANO,
CALIFORNIA AMENDING SAN JUAN CAPISTRANO MUNICIPAL CODE TITLE
8, BUILDING REGULATIONS, TO ADD CHAPTER 20, WATER EFFICIENT
LANDSCAPE ORDINANCE, TO UPDATE THE CITY'S WATER EFFICIENT
LANDSCAPE ORDINANCE FOR COMPLIANCE WITH STATE LAW;"
APPROVED; RESOLUTION NO. 18-04-03-02 ADOPTED ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING THE WATER EFFICIENT LANDSCAPE
GUIDELINES TO IMPLEMENT THE CITY'S WATER EFFICIENT LANDSCAPE
ORDINANCE FOR COMPLIANCE WITH STATE LAW;" AND, CODE
AMENDMENT 18-003 TO THE CITY'S LAND USE CODE TO REMOVE THE
CITY'S EXISTING WATER EFFICIENT LANDSCAPING ORDINANCE FROM
SECTION 9-3.527 OF THE LAND USE CODE, INITIATED (450.30)
Joel Rojas, Development Services Director, provided an agenda report and
responded to questions. Benjamin Siegel, City Manager, and Jeffrey Ballinger,
City Attorney, responded to questions.
• Public Comments: Steve Behmerwohld, City resident.
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Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor Farias, seconded by Council Member Ferguson,
and carried 3-2 with Council Member Patterson and Mayor Pro Tem Maryott
opposed to approve the first reading and introduction of an ordinance entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE SAN JUAN CAPISTRANO,
CALIFORNIA AMENDING SAN JUAN CAPISTRANO MUNICIPAL CODE TITLE
8, BUILDING REGULATIONS, TO ADD CHAPTER 20, WATER EFFICIENT
LANDSCAPE ORDINANCE, TO UPDATE THE CITY'S WATER EFFICIENT
LANDSCAPE ORDINANCE FOR COMPLIANCE WITH STATE LAW;" adopt
RESOLUTION NO. 18-04-03-02 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE
WATER EFFICIENT LANDSCAPE GUIDELINES TO IMPLEMENT THE CITY'S
WATER EFFICIENT LANDSCAPE ORDINANCE FOR COMPLIANCE WITH
STATE LAW;" and, initiate Code Amendment 18-003 to the City's Land Use Code
to remove the City's existing Water Efficient Landscaping Ordinance from Section
9-3.527 of the Land Use Code.
Rnl I CALL
AYES: COUNCIL MEMBER: Ferguson, Reeve and Mayor Farias
NOES: COUNCIL MEMBER: Patterson and Mayor Pro Tem Maryott
ABSENT: COUNCIL MEMBER: None
F2. PUBLIC WORKS
a. RESOLUTION NO. 18-04-03-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A PURCHASE AND SALE AGREEMENT FOR THE PURCHASE
OF CALIFORNIA DEPARTMENT OF TRANSPORTATION EXCESS PARCEL
102-506-01-01 (A PORTION OF ASSESSOR'S PARCEL NUMBER 124-160-
61);" AND, APPROPRIATION OF $765,000 FROM THE GENERAL FUND FOR
THE PURCHASE OF THE EXCESS CALTRANS PARCEL AND FOR
INCIDENTAL EXPENSES RELATED THERETO, APPROVED (600.50)
Steve May, Public Works and Utilities Director, provided a PowerPoint
presentation and responded to questions. Benjamin Siegel, City Manager,
responded to questions.
Council Action: Moved by Council Member Ferguson, seconded by
Council Member Reeve, and carried unanimously to adopt RESOLUTION NO.
18-04-03-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A PURCHASE AND
SALE AGREEMENT FOR THE PURCHASE OF CALIFORNIA DEPARTMENT
OF TRANSPORTATION EXCESS PARCEL 102-506-01-01 (A PORTION OF
ASSESSOR'S PARCEL NUMBER 124-160-61);" and, approve an appropriation
of $765,000 from the General Fund for the purchase of the excess Caltrans parcel
and for incidental expenses related thereto.
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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:
11. RESOLUTION NO. 18-04-03-04 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE SAN JUAN CAPISTRANO, CALIFORNIA, TO
CONDEMN STATE LAW THAT RESTRICTS LAW ENFORCEMENT AND
ENDANGERS PUBLIC SAFETY" (660.40)
Public Correspondence: Derek Reeve, City Council Member; Arthur
Christopher Schaper, no place of residence provided; Lennie DeCaro,
City resident; Joe and Dawn Fusco, City residents; Tony and Orrie Brown,
City residents; Sandie Weaver, City resident; and, Tom and Fran Bertini,
City residents.
Council Member Patterson provided a report.
Public Comments: Mike McHenry, City of Orange resident; Vaughn Becht,
no place of residence provided; Thomas Christiansen, no place of residence
provided; Stella May, no place of residence provided; Kenny Strawn, Mission
Viejo resident; Robin Hvidston, no place of residence provided; Crystal Jade,
Dana Point resident; Arthur Schaper, no place of residence provided;
Sheryl France -Moran, City resident; Anne Hughitt, Ladera Ranch resident;
Heather Chapman, City resident; Gerald Volomino, Mission Viejo resident;
Jennifer Sterling, Laguna Beach resident; DD Dominguez, Aliso Viejo
resident; Bob Gast, Irvine resident; Hugo Salazar, Los Angeles resident;
Lucy Hughitt, Ladera Ranch resident; Jessamine Augustine, Mission Viejo
resident; Stephanie Heredia, City resident; Ed Connor, City resident;
Patricia Tiempos, City resident; Ali Monge, City resident; Joanne Marquez,
City resident; Cody Martin, City resident; Howard Hart, City resident,
Steve Behmerwohld, City resident; Suad Elias, no place of residence
provided; Anna Dickinson, City resident; Darleen Parker, no place of
residence provided; Kathy Hobstetter, City business owner.
Council Member Patterson made a motion to adopt a resolution entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE SAN JUAN CAPISTRANO,
CALIFORNIA, TO CONDEMN STATE LAW THAT RESTRICTS LAW
ENFORCEMENT AND ENDANGERS PUBLIC SAFETY;" but motion failed due
to approved substitute motion.
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Substitute Council Action: Moved by Council Member Ferguson, seconded by
Council Member Reeve, and carried 4-1 with Mayor Farias opposed to adopt
revised resolution provided by Council Member Reeve: RESOLUTION NO.
18-04-03-04 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
SAN JUAN CAPISTRANO, CALIFORNIA, TO CONDEMN STATE LAW THAT
RESTRICTS LAW ENFORCEMENT AND ENDANGERS PUBLIC SAFETY."
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Reeve, Patterson and Mayor Pro Tem Maryott
NOES: COUNCIL MEMBER: Mayor Farias
ABSENT: COUNCIL MEMBER: None
CITY COUNCIL REPORTS:
• Council Member Reeve and Mayor Pro Tem Maryott congratulated everyone
involved in the Swallow's Day Parade and Mercado.
• Mayor Farias reported on the following: appointing an Ad -Hoc Subcommittee
of himself and Council Member Reeve to begin meetings with two members of
Santa Margarita Water District, along with executive staff from both agencies
to identify key policy issues and areas of focus related to future partnership
opportunities pertaining to the potential of a future reorganization or other
options for improve service delivery to utility customers; attending a meeting
with City Manager Benjamin Siegel, Orange County Mayors and City Managers
and U.S. District Judge David Carter regarding homelessness matters in
Orange County; and, announced receiving a Resolution for the City's
60th Year Anniversary of the Swallow's Day Parade presented at the parade by
Senator Patricia Bates and Assemblyman Bill Brough.
• Council Member Ferguson reported on the following: Annual History Day Event
at St. Margaret's Episcopal School; Association of Cities of Orange County
Legislative and Regulatory Committee Meeting; Swallow's Day Parade and
Mercado activities, and thanked staff, the Fiesta Association and everyone
involved in the parade.
ADJOURNMENT.-
There
DJOURNMENT:
There being no further business Mayor Farias adjourned the meeting at 8:14 p.m. to
Tuesday, April 17, 2018, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public
Business Session, in the City Council Chamber.
ResspectF ly t d,
V� _
7MARIA MORRIS, CITY CLERK
Approved: April 17, 2018
ATT E T:
SERGIO FARIAS, MAYOR
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