18-0619_CC_Minutes_Regular MeetingMINUTES
June 19, 2018
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Farias called the Regular Meeting of June 19, 2018, of the
City Council of the City of San Juan Capistrano to order at 5:33 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, Derek Reeve and
Pam Patterson, Esq.
COUNCIL MEMBERS ABSENT: None.
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: Bill Bonney, Cultural Heritage Commission.
ORAL COMMUNICATIONS:
• Public Comments: Frank Larkin, City resident; Anonymous Speaker;
Evan Burgher, City resident; Chris James, City resident; and, Mark Biljanic,
City resident.
PUBLIC HEARINGS:
D1. RESOLUTION 18-06-19-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONFIRMING THE LEVY AND COLLECTION OF THE FISCAL YEAR 2018/2019
ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE DISTRICTS AND
OPEN SPACE MAINTENANCE DISTRICTS IN THE CITY OF SAN JUAN
CAPISTRANO;" AND CITY CLERK DIRECTED TO FORWARD THE
ASSESSMENTS TO THE ORANGE COUNTY AUDITOR -CONTROLLER (345.20)
Steve May, Public Works and Utilities Director, provided an agenda report and
responded to questions.
1
Mayor Farias opened the public hearing and invited public testimony. No public
testimony was received. Mayor Farias closed the Public Hearing.
Council Action: Moved by Council Member Patterson, seconded by Mayor Farias,
and carried 4-1 with Council Member Reeve opposed to adopt RESOLUTION NO.
18-06-19-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE LEVY AND
COLLECTION OF THE FISCAL YEAR 2018/2019 ASSESSMENTS FOR THE
LANDSCAPE MAINTENANCE DISTRICTS AND OPEN SPACE MAINTENANCE
DISTRICTS IN THE CITY OF SAN JUAN CAPISTRANO;" and, direct the City Clerk
to forward the assessments to the Orange County Auditor -Controller.
ROLL CALL:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
CONSENT CALENDAR:
Ferguson, Patterson, Maryott and Mayor Farias
Reeve
None
Council Action: Moved by Council Member Reeve, seconded by Mayor Farias, and carried
unanimously to approve consent calendar items E1 through E4, and E6 through E17, as
recommended by staff, with Council Member Ferguson abstained from consent calendar
item E4; and, Council Member Patterson opposed to consent calendar item E11.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF JUNE 11, 2018
(CLOSED SESSION), APPROVED
E3. CITY COUNCIL MINUTES — REGULAR MEETING OF JUNE 11, 2018,
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM MAY 11, 2018, TO
MAY 24, 2018, RECEIVED AND FILED (300.30)
ROLL CALL:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Reeve, Patterson, Maryott and Mayor Farias
None
None
Ferguson
E5. FISCAL YEAR 2017-18 THIRD QUARTER FINANCIAL REPORT, RECEIVED
AND FILED; AND, PROPOSED ADJUSTMENTS TO THE CITY'S OPERATING
AND CAPITAL IMPROVEMENT PROGRAM BUDGETS, APPROVED (330.20)
Ken AI -Imam, Chief Financial Officer, responded to questions.
2 6/19/2018
Council Action: Moved by Council Member Reeve, seconded by Mayor Farias, and
carried 4-1 with Council Member Patterson opposed to receive and file the
Fiscal Year 2017-18 Third Quarter Financial Report; and, approve proposed
adjustments (as presented in the agenda report) to the City's operating and capital
improvement program budgets.
ROLL CALL:
AYES: COUNCIL MEMBERS: Ferguson, Reeve, Maryott and Mayor Farias
NOES: COUNCIL MEMBERS: Patterson
ABSENT: COUNCIL MEMBERS: None
E6. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH WILLDAN FINANCIAL SERVICES FOR CONTINUING
DISCLOSURE SERVICES APPLICABLE TO DEBT ISSUANCES OF THE CITY,
IN AN AMOUNT NOT -TO -EXCEED $60,000 OVER A FIVE-YEAR TERM (600.30)
ET CITY MANAGER AUTHORIZED TO EXECUTE THE FIRST AMENDMENT TO
THE PERSONAL SERVICES AGREEMENT WITH MITSUBISHI UNION
FINANCIAL GROUP UNION BANK, N.A., TO EXTEND THE TERM OF THE
AGREEMENT THROUGH JUNE 30, 2021 (600.30)
E8. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH CHANDLER ASSET MANAGEMENT, INC. FOR
INVESTMENT MANAGEMENT SERVICES, IN AN AMOUNT NOT -TO -EXCEED
$210,000 OVER THE FIVE-YEAR TERM (600.30)
E9. ORDINANCE 1058 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY
COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SAN JUAN
CAPISTRANO MUNICIPAL CODE, TITLE 9, LAND USE, TO REPEAL SECTION
9-3.527, LANDSCAPE (WATER CONSERVATION STANDARDS)" (420.30)
E10. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILE
(440.10)
E11. EASEMENT WITHIN THE EASTERN OPEN SPACE TO THE SANTA
MARGARITA WATER DISTRICT FOR WATER, RECYCLED WATER, AND
SEWER PIPELINES, GRANTED; AND, CITY MANAGER AUTHORIZED TO
EXECUTE THE GRANT OF EASEMENT ON BEHALF OF THE CITY (670.50)
ROLL CALL:
AYES: COUNCIL MEMBERS: Ferguson, Reeve, Maryott and Mayor Farias
NOES: COUNCIL MEMBERS: Patterson
ABSENT: COUNCIL MEMBERS: None
E12. CITY MANAGER AUTHORIZED TO EXECUTE A PARKING LICENSE
AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY
FOR PARKING IN THE RIGHT-OF-WAY AT 23951 CAMINO CAPISTRANO
(600.50)
3 6/19/2018
E13. PARCEL MAP 2003-142 (FPM 17-001) AS IT CONFORMS WITH
REQUIREMENTS SET FORTH IN THE SUBDIVISION MAP ACT AND THE
APPROVED TENTATIVE PARCEL MAP 2003-142 (TPM 15-001) CONDITIONS,
APPROVED; CITY ENGINEER AND THE CITY CLERK AUTHORIZED TO
EXECUTE PARCEL MAP 2003-142; AND, CITY ENGINEER DIRECTED TO
FORWARD PARCEL MAP 2003-142 TO THE COUNTY OF ORANGE FOR
EXECUTION BY THE COUNTY SURVEYOR AND TREASURER -TAX
COLLECTOR, AND FILING IN THE OFFICE OF THE COUNTY CLERK -
RECORDER (420.70)
E14. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE
PERSONAL SERVICE AGREEMENT WITH GOLDEN TOUCH CLEANING, INC.
TO PROVIDE CUSTODIAL SERVICES FOR CITY FACILITIES FOR A
ONE-YEAR PERIOD COMMENCING ON AUGUST 1, 2018, AND ENDING
JULY 31, 2019, FOR A TOTAL AMOUNT NOT -TO -EXCEED $94,000 (600.30)
E15. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE
PERSONAL SERVICE AGREEMENT WITH GOLDEN TOUCH CLEANING, INC.
TO PROVIDE CUSTODIAL SERVICES FOR PUBLIC PARK RESTROOMS
AND PUBLIC AREAS FOR A ONE-YEAR PERIOD COMMENCING ON
AUGUST 1, 2018, AND ENDING JULY 31, 2019, FOR A TOTAL AMOUNT NOT -
TO -EXCEED $41,000 (600.30)
E16. RESOLUTION NO. 18-06-19-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION 10-08-17-04 BY MODIFYING THE MEMBERSHIP
AND AMENDING RESOLUTION 13-02-05-04 MODIFYING THE TERM OF THE
OFFICE FOR THE YOUTH ADVISORY BOARD" (110.10)
E17. CITY MANAGER AUTHORIZED TO FINALIZE AND EXECUTE A MEMORANDUM
OF UNDERSTANDING, SUBSTANTIALLY IN THE FORM ATTACHED TO THE
AGENDA REPORT, WITH MISSION RESOURCE CONSERVATION DISTRICT
(ATTACHMENT 1), ALLOWING THE DISTRICT TO ADMINISTER A WEED
MANAGEMENT PROGRAM INVOLVING THE REMOVAL OF THE INVASIVE
NON-NATIVE PLANT ARUNDO DONAX (GIANT REED) FROM OSO AND SAN
JUAN CREEKS AT NO COST TO THE CITY OR AFFECTED PRIVATE
PROPERTY OWNERS (600.30)
ADMINISTRATIVE ITEMS:
F1. PUBLIC WORKS
a. CONCEPTUAL DESIGN FOR VERDUGO STREET BEAUTIFICATION PROJECT
(CIP 14106), APPROVED; CITY MANAGER AUTHORIZED TO INITIATE
NEGOTIATIONS WITH ADJACENT PROPERTY OWNERS FOR ANY NEEDED
CONSTRUCTION EASEMENTS AND/OR RIGHT-OF-WAY ACQUISITION; AND,
STAFF AUTHORIZED TO ISSUE A REQUEST FOR PROPOSALS FOR FINAL
DESIGN SERVICES, INCLUDING RIGHT-OF-WAY ACQUISITION AND
PREPARATION OF THE ENVIRONMENTAL DOCUMENT (820.20)
4 6/19/2018
Tom Toman, Assistant Public Works Director, provided an agenda report and
responded to questions. Brian Hannigan, RRM Design Group, provided a
PowerPoint presentation and responded to questions. Benjamin Siegel,
City Manager, responded to questions.
• Public Comments: Steve Behmerwohld, City resident; and Ann Ronan,
City resident.
Council Action: Moved by Council Member Reeve, seconded by Mayor Farias, and
carried 4-1 with Council Member Patterson opposed to approve conceptual design
for Verdugo Street Beautification Project (CIP 14106); authorize the City Manager
to initiate negotiations with adjacent property owners for any needed construction
easements and/or right-of-way acquisition; and, authorize staff to issue a Request
for Proposals for final design services, including right-of-way acquisition and
preparation of the environmental document.
ROLL CALL:
AYES: COUNCIL MEMBERS: Ferguson, Reeve, Maryott and Mayor Farias
NOES: COUNCIL MEMBERS: Patterson
ABSENT: COUNCIL MEMBERS: None
F2, DEVELOPMENT SERVICES
a. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH CHAMBERS GROUP FOR THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT, PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, THAT WILL ANALYZE THE
ENVIRONMENTAL IMPACTS OF A GENERAL PLAN AMENDMENT AND
SEVERAL LAND USE CODE AMENDMENTS TO CORRECT INCONSISTENCIES
BETWEEN THE CITY'S HISTORIC TOWN CENTER MASTER PLAN, HISTORIC
TOWN CENTER FORM BASED CODE AND GENERAL PLAN, AND REPEAL OF
THE HISTORIC TOWN CENTER MASTER PLAN, WHICH WERE PREVIOUSLY
INITIATED BY THE CITY COUNCIL ON MARCH 6, 2018, FOR A NOT -TO -
EXCEED AMOUNT OF $136,423; APPROPRIATION FROM THE GENERAL
FUND FUND BALANCE OF $136,423 TO COVER THE COST OF THE
PREPARATION OF THE ENVIRONMENTAL IMPACT REPORT, APPROVED;
RESOLUTION NO. 18-06-19-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING A STUDY TO INCLUDE THE POTENTIAL REPEAL OF THE
HISTORIC TOWN CENTER MASTER PLAN, AND INITIATING A GENERAL PLAN
AMENDMENT STUDY TO INCLUDE REMOVAL OF REFERENCES TO THE
HISTORIC TOWN CENTER MASTER PLAN FROM THE GENERAL PLAN"
(440.25)
Sergio Klotz, Assistant Development Services Director, provided a PowerPoint
presentation and responded to questions.
5 6/19/2018
Council Action: Moved by Council Member Reeve, seconded by Mayor Farias, and
carried 4-1 with Council Member Patterson opposed to authorize the City Manager
to execute a Professional Services Agreement with Chambers Group for the
preparation of an Environmental Impact Report, pursuant to the California
Environmental Quality Act, that will analyze the environmental impacts of a General
Plan Amendment and several Land Use Code Amendments to correct
inconsistencies between the City's Historic Town Center Master Plan, Historic Town
Center Form Based Code and General Plan, and repeal of the Historic Town Center
Master Plan, which were previously initiated by the City Council on March 6, 2018,
for a not -to -exceed amount of $136,423; approve an appropriation from the General
Fund fund balance of $136,423 to cover the cost of the preparation of the
Environmental Impact Report; and adopt RESOLUTION NO. 18-06-19-03 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING A STUDY TO INCLUDE THE
POTENTIAL REPEAL OF THE HISTORIC TOWN CENTER MASTER PLAN, AND
INITIATING A GENERAL PLAN AMENDMENT STUDY TO INCLUDE REMOVAL
OF REFERENCES TO THE HISTORIC TOWN CENTER MASTER PLAN FROM
THE GENERAL PLAN."
ROLL CALL:
AYES:
COUNCIL MEMBERS
NOES:
COUNCIL MEMBERS
ABSENT:
COUNCIL MEMBERS
F3. CITY MANAGER
Ferguson, Reeve, Maryott and Mayor Farias
Patterson
None
a. RESOLUTION NO. 18-06-19-04 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING A CITY COUNCIL POLICY 135 CREATING A CITYWIDE LUXURY
HOTEL TRANSIENT OCCUPANCY TAX REVENUE SHARING INCENTIVE
PROGRAM" (390.10)
Public Correspondence: Ann Ronan, City resident; and, Council Member
Ferguson.
Jacob Green, Assistant City Manager, provided a PowerPoint presentation and
responded to questions. Benjamin Siegel, City Manager and Jeffrey Ballinger,
City Attorney, responded to questions.
Public Comments: Monique Rea, City resident; Dan Friess, Plaza Banderas;
Ann Ronan, City resident; Steve Behmerwohld, City resident; and,
anonymous resident.
6 6/19/2018
Council Action: Moved by Mayor Pro Tem Maryott, seconded by Council Member
Ferguson, and carried 3-2 with Council Member Reeve and Mayor Farias opposed
to adopt RESOLUTION NO. 18-06-19-04 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING CITY COUNCIL POLICY 135 CREATING A CITYWIDE LUXURY
HOTEL TRANSIENT OCCUPANCY TAX REVENUE SHARING INCENTIVE
PROGRAM;" with the following changes to City Council Policy 135:
1. Under Page 3, Participation Process — Item No. 1: The Applicant shall submit to
the Cit¢Gaupok City a letter of intent to participate_
2. Under Page 3, Participating Process — Item No. 3: nnGe u-mement
r,nro^man+_-ie, ^^mp4eteAhem
Q i`^i,nnil_d�,
srheduled Add: Once the draft
reimbursement agreement is complete, staff may approve thea reement
administratively, subject to meeting all specified criteria of this policy.
3. Under Page 2, Revenue Sharing Percentage Split—Add language clarifying that
there is a cap in total reimbursement up to the minimum amount allowed under
the labor code or the value of the conditional public improvements.
4. Under Page 2, Base TOT Amount — Add language clarifying that the total
development cost does not include land/acquisition costs.
5. Under Page 4, Conclusion Paragraph — Parti^ir'^+'.,n i ^ ..rr.nrnrre is noiuntil a �i�i
hU rr� crnScmcR"gfee+Aunp_k The Gerese-rve
n the right to roi^n+' a—apnlic iii 1rn and deny the-a-pp4Gant-af�,,eK1C.t�y
�a ftI Gip.ate-i{i-�}e� n �a . Add: The Cif Manager�h-tr-`is
authorized to negotiate and approve such reimbursement agreement and an
associated appropriation of funds so long as theagreement is consistent
to this policy, and the developer arees to the indemnification lan ua le in the
reimbursement agreement.
ROLL CALL:
AYES: COUNCIL MEMBERS: Ferguson, Patterson and Mayor Pro Tem Maryott
NOES: COUNCIL MEMBERS: Reeve and Mayor Farias
ABSENT: COUNCIL MEMBERS: None
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Please refer to Successor Agency Minutes)
SAN JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY (Please refer to
Public Financing Authority Minutes)
SEWER MAINTENANCE DISTRICT NO. 1 (Please refer to Sewer Maintenance District
No. 1 Minutes)
7 6/19/2018
COUNCIL ACTION ITEMS
J1. RESOLUTION REGARDING STORAGE OF NUCLEAR FUEL AT THE
DECOMMISSIONED SAN ONOFRE NUCLEAR GENERATING STATION (520.50)
• Public Correspondence: Rhen Kohan, City resident.
Council Member Pam Patterson provided a report and responded to questions.
Council Member Patterson made a motion to adopt a resolution entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REGARDING STORAGE OF NUCLEAR FUEL AT
THE DECOMMISSIONED SAN ONOFRE NUCLEAR GENERATION STATION,"
but motion failed for lack of a second.
CITY COUNCIL REPORTS:
■ Council Member Reeve announced the upcoming City's 4th of July Celebration and
Fireworks Show.
Council Member Ferguson reported on the following: attending the 1St Battalion,
11th Marine Change of Command Ceremony; Los Gallos LaCrosse Academy; and,
San Juan Capistrano Historical Society Open House and Mixer.
Mayor Farias reported on the following: attending the San Juan Capistrano
Historical Society Open House and Mixer.
ADJOURNMENT:
Th6r being no further business Mayor Farias adjourned the meeting at 7:41 p.m. to
Tues a , ly 17, 2018, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public
Busi es* S ssion, in the City Council Chamber.
submitted,
MARIATMORRIS, CITY
Approved: August 7, 2018
ATTEST: -�
r
SERG'IO FARIAS, MAYOR
8 6/19/2018