18-0417_CC_Minutes_Regular MeetingMINUTES
April 17, 2018
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Farias called the Regular Meeting of April 17, 2018, of the
City Council of the City of San Juan Capistrano to order at 5:18 p.m. in the
City Council Chamber. Council Member Ferguson led the Pledge of Allegiance and
gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Sergio Farias, and Council Members
Kerry K. Ferguson, Pam Patterson, Esq. and Derek Reeve (deft at 6:00 p.m.).
COUNCIL MEMBERS ABSENT: Mayor Pro Tem Brian L. Maryott.
Councilmember Pam Patterson did not participate after 9:00 p.m. at the following location
27451 Connemara Drive, San Juan Capistrano CA, 92675.
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 FARIAS INTRODUCED THE FOLLOWING INDIVIDUALS IN
ATTENDANCE: Isabella Zuniga, Youth Advisory Board; and, Matt Gaffney,
Planning Commission.
ORAL COMMUNICATIONS:
Public Comments: Isabella Zuniga, Youth Advisory Board; Yoshimi Zemba,
City resident; and, Kathy Hobstetter, City'business owner.
PUBLIC HEARINGS: None.
CONSENT CALENDAR:
Council Action: Moved by Mayor Farias, seconded by Council Member Ferguson, and
carried 4-0 with Mayor Pro Tem Maryott absent to approve consent calendar items
E1 through E10, as recommended by staff, with Council Member Patterson opposed to
items E4 and E7; and, Council Member Reeve opposed to item E9.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — REGULAR MEETING OF APRIL 3, 2018
(CLOSED SESSION), APPROVED
1
E3. CITY COUNCIL MINUTES — REGULAR MEETING OF APRIL 3, 2018,
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM MARCH 16, 2018, TO
MARCH 28, 2018, RECEIVED AND FILED (300.30)
ROLL CALL:
AYES:
COUNCIL MEMBER:
NOES:
COUNCIL MEMBER:
ABSENT:
COUNCIL MEMBER:
Ferguson, Reeve and Mayor Farias
Patterson
Mayor Pro Tem Maryott
E5. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
E6. VACANCY DECLARED ON THE PARKS, RECREATION, YOUTH AND SENIOR
SERVICES, TRAILS AND EQUESTRIAN COMMISSION; AND CITY CLERK
DIRECTED TO PREPARE AND POST APPROPRIATE NOTICES TO SOLICIT
APPLICATIONS (110.20)
E7. ORDINANCE 1054 ADOPTED 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" (450.30)
C Public Comments: Tom Lorch, San Clemente resident.
ROLL CALL,
AYES: COUNCIL MEMBER: Ferguson, Reeve and Mayor Farias
NOES: COUNCIL MEMBER: Patterson
ABSENT: COUNCIL MEMBER: Mayor Pro Tem Maryott
E8. CITY MANAGER AUTHORIZED TO EXECUTE A MAINTENANCE SERVICES
AGREEMENT WITH EMPIRE PIPE CLEANING AND EQUIPMENT, INC. FOR
SANITARY SEWER AND STORM DRAIN VIDEO INSPECTION AND CLEANING
SERVICES, IN THE AMOUNT NOT TO EXCEED THE CORRESPONDING
FISCAL YEAR OPERATIONS BUDGET FOR SAID SERVICES; AND,
CITY MANAGER AUTHORIZED TO APPROVE A MAXIMUM OF TWO OPTIONAL
ONE-YEAR RENEWALS OF THE MAINTENANCE SERVICE AGREEMENT,
CONTINGENT UPON SATISFACTORY PERFORMANCE OF THE WORK BY
EMPIRE PIPE CLEANING AND EQUIPMENT, INC., WITH UNIT PRICE
ADJUSTMENTS BASED ON THE ONE-YEAR CHANGE IN THE ALL URBAN
CONSUMER PRICE INDEX (CPI -U) (600.30)
2 4/17/2018
E9. RESOLUTION 18-04-17-01 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 2018-2019 WITHIN EXISTING LANDSCAPE MAINTENANCE
DISTRICTS PURSUANT TO THE LANDSCAPING AND LIGHTING
MAINTENANCE ACT OF 1972, AND OPEN SPACE MAINTENANCE DISTRICTS
UNDER THE OPEN SPACE MAINTENANCE ACT, APPOINTING THE
ENGINEER OF WORK, AND ORDERING THE PREPARATION OF THE
ENGINEER'S REPORT;" AND, RESOLUTION 18-04-17-02 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 2018-2019 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:
NOES:
COUNCIL MEMBER:
ABSENT:
COUNCIL MEMBER:
Ferguson, Patterson and Mayor Farias
Reeve
Mayor Pro Tem Maryott
E10. RESOLUTION 18-04-17-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DESIGNATING A PROJECT FOR FISCAL YEARS 2018-19, 2019-20, AND
2020-21 TO BE PARTIALLY FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017" (820.25)
E11. CITY MANAGER AUTHORIZED TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE VETERANS OF FOREIGN
WARS FOR THE ANNUAL VETERANS DAY AND MEMORIAL DAY EVENTS AND
SUPPORT SERVICES (600.20)
Jacob Green, Assistant City Manager, provided an agenda report and responded
to questions. Benjamin Siegel, City Manager, responded to questions.
Public Comments: Joe Love, Veterans of Foreign Wars Commander;
Matt Gaffney, Veterans of Foreign Wars; and, Kathy Hobstetter,
City business owner.
3 4/17/2018
Council Action: Moved by Council Member Ferguson, seconded by Council
Member Patterson, and carried 4-0 with Mayor Pro Tem Maryott absent to authorize
the City Manager to execute a Memorandum of Understanding between the City
and the Veterans of Foreign Wars for the annual Veterans Day and Memorial Day
events and support services.
ROLL CALL_
AYES: COUNCIL MEMBER: Ferguson, Reeve, Patterson and Mayor Farias
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Pro Tem Maryott
ADMINISTRATIVE ITEMS:
F1. FINANCE SERVICES
a. INTRODUCTION AND FIRST READING OF AN ORDINANCE ENTITLED
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SAN JUAN CAPISTRANO MUNICIPAL
CODE TITLE 5, PUBLIC WELFARE, CHAPTER 24, REGULATION OF MASSAGE
THERAPY, TO UPDATE THE CITY'S MASSAGE REGULATIONS," APPROVED
(430.70)
Ken AI-Iman, Chief Financial Officer, provided a PowerPoint presentation and
responded to questions.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Ferguson, seconded by Mayor Farias,
and carried 3-0 with Council Member Reeve and Mayor Pro Tem Maryott absent to
approve the introduction and first reading of an ordinance entitled "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SAN JUAN CAPISTRANO MUNICIPAL CODE TITLE
5, PUBLIC WELFARE, CHAPTER 24, REGULATION OF MASSAGE THERAPY,
TO UPDATE THE CITY'S MASSAGE REGULATIONS."
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Patterson and Mayor Farias
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Reeve and Mayor Pro Tem Maryott
COUNCIL ACTION ITEMS.-
G1.
TEMS:
G1. RESOLUTION 18-04-17-04 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REGARDING CLIMATE CHANGE" (530.10)
4 4/17/2018
Public Correspondence: Jeffrey Singer, San Juan Capistrano resident;
Eileen McDargh Elvins, The Resiliency Group; John A. Caldwell,
City resident; Norton Schwartz, no place of residence provided; Liz Myers -
Chamberlin, M.Ed, Citizens' Climate Lobby; Roger Gloss, Orange County
for Climate Action; Noel Moore, no place of residence provided;
Chris Kramer, City resident; Judith "JJ" Anderson, no place of residence
provided; Roger Johnson, PhD, San Clemente resident; and
Vedda Chappell, Citizens' Climate Lobby.
Mayor Farias provided a report.
Public Comments: Larry Kramer, City resident; Veda Chappell, Citizens'
Climate Lobby; Karen Smith, Citizens' Climate Lobby; and Hoiyin Ip,
Sierra Club.
Council Action: Moved by Mayor Farias, seconded by Council Member Ferguson,
and carried 2-1-0 with Council Member Patterson opposed, and Council Member
Reeve and Mayor Pro Tem Maryott absent to adopt RESOLUTION 18-04-17-04
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REGARDING CLIMATE CHANGE;" with the
following language removed from the resolution under "Therefore, be it resolved...":
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G2. CITY COUNCIL APOLOGY TO STAFF (610.20) — TABLED TO A FUTURE
MEETING
CITY COUNCIL REPORTS:
■ Mayor Farias announced the newly appointed Orange County Fire Authority's
Fire Chief Brian Fennessy; and, welcomed the City's new Sergeant Virgil Asuncion.
• Council Member Ferguson announced upcoming Earth Day.
ADJOURNMENT:
There being no further business Mayor Farias adjourned the meeting at 6:29 p.m. to
Tuesday, May 1, 2018, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public
Business Session, in the City Council Chamber.
5 4/17/2018
bmitted,
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�IS, CITY CLE
Approved: May 1, 2018
ATTEST:
SERC O FARIAS, MAYOR
4/17/2018