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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...": 3. 1rho United State iongFe5s en. Gt-a- revonue nre na4y8 caarl^�— WX ne-fes-s+F#�asedupon t le�-aFROUn+ of E3arbon.d4G4 i e -they will eheR b feed; and 4. !1 fee rr_,yen w a after adn4RiS#atiGR-co-sts-,h$ulj4)�64et irned tO Fesk e- t -s tgy p, }Gtee 1 .n�O llmeriGanc_ f�nar�+ Tnrr.W�iees l t�th o fee. r 'vif�v •fit' M' ' "` ng a-caFIx. 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, �.. lu'ix �IS, CITY CLE Approved: May 1, 2018 ATTEST: SERC O FARIAS, MAYOR 4/17/2018