18-0807_CC_Minutes_Regular MeetingMINUTES
August 7, 2018
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Farias called the Regular Meeting of August 7, 2018, of the
City Council of the City of San Juan Capistrano to order at 5:10 p.m., in the
City Council Chamber. Council Member Ferguson led the Pledge of Allegiance and
Mayor Pro Tem Maryott 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 Cleric,
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: Bill Bonney, Cultural Heritage Commission; and, Jack Hunt,
Utilities Commission.
B2. FORMER PARKS, RECREATION, YOUTH AND SENIOR SERVICES, TRAILS
AND EQUESTRIAN COMMISSIONER RENEE RITCHIE, RECOGNIZED FOR
HER YEARS OF SERVICE TO THE CITY OF SAN JUAN CAPISTRANO
• Public Comments: Gail Fayad, City resident; and, Shelly Barker,
City resident.
B3. RECOGNITION OF THE RESTORATION OF THE JOSt MARIA SILVAS
ADOBE HOUSE — CIRCA 1794 — ITEM RESCHEDULED TO AUGUST 21, 2018
Public Comments: Abel Silvas, San Diego resident.
ORAL COMMUNICATIONS:
Public Correspondence: Rhen Kohan, City resident.
Public Comments: Monique Rea, City resident; Joel Peshkin,
City resident; Roger Butow, Clean Water Now; and, Anonymous Speaker.
8/7/2018
PUBLIC HEARINGS:
D1. RESOLUTION NO. 18-08-07-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING THE COST REPORT FOR THE 2018 WEED
ABATEMENT PROGRAM IN THE CITY OF SAN JUAN CAPISTRANO- (540.70)
Steve May, Public Works and Utilities Director, provided an agenda report and
responded to questions. Benjamin Siegel, City Manager, responded to questions.
Mayor Farias opened the public hearing and invited public testimony.
• Public Testimony: Deidra Hill, City resident (provided photos).
Mayor Farias closed the public hearing.
Council Action: Moved by Mayor Pro Tem Maryott, seconded by Mayor Farias
and carried unanimously to adopt RESOLUTION NO. 18-08-07-01 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR THE
2018 WEED ABATEMENT PROGRAM IN THE CITY OF SAN JUAN
CAPISTRANO;" with the removal of APN 650-181-09 from the County tax roll.
D2. FIRST READING AND INTRODUCTION OF AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO,
APPROVING CODE AMENDMENT 18-002 TO AMEND SAN JUAN
CAPISTRANO MUNICIPAL CODE, TITLE 9, LAND USE, TO UPDATE SECTION 17
9-3.543, SIGNS," APPROVED (410.40)
Sergio Klotz, Assistant Development Services Director, provided a PowerPoint
presentation and responded to questions. Benjamin Siegel, City Manager;
David Pierucci, Assistant City Attorney; Jeff Ballinger, City Attorney; and
Joel Rojas, Development Services Director, responded to questions.
Mayor Farias opened the public hearing and invited public testimony.
o Public Testimony: Steve Behmerwohld, City resident.
Mayor Farias closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor Farias, seconded by Mayor Pro Tem Maryott,
and carried 3-2 with Council Member Reeve and Council Member Patterson
opposed to approve the first reading and introduction of an ordinance entitled "AN
ORDINANCE OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING CODE AMENDMENT 18-002 TO AMEND SAN
JUAN CAPISTRANO MUNICIPAL CODE, TITLE 9, LAND USE, TO UPDATE
SECTION 9-3.543, SIGNS."
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ROLL CALL:
AYES: COUNCIL MEMBERS: Ferguson, Maryott and Mayor Farias
NOES: COUNCIL MEMBERS: Reeve and Patterson
ABSENT: COUNCIL MEMBERS: None
CONSENT CALENDAR:
Council Action: Moved by Mayor Farias, seconded by Mayor Pro Tem Maryott, and
carried unanimously to approve consent calendar items E1 through E10, as
recommended by staff, with Council Member Patterson opposed to consent calendar
items E6, E9 and E10.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — REGULAR MEETING OF JUNE 19, 2018
(CLOSED SESSION), APPROVED
E3. CITY COUNCIL MINUTES — REGULAR MEETING OF JUNE 19, 2018,
APPROVED
E4. PUBLIC FINANCING AUTHORITY MINUTES — REGULAR MEETING OF
JUNE 19, 2018, APPROVED
E5. SEWER MAINTENANCE DISTRICT NO. 1 MINUTES — REGULAR MEETING
OF JUNE 19, 2018, APPROVED
E6. CHECK REGISTERS FOR THE PERIOD FROM MAY 25, 2018, TO
JULY 19, 2018, RECEIVED AND FILED (330.30)
ROLL CALL:
AYES: COUNCIL MEMBERS: Ferguson, Reeve, Maryott and Mayor Farias
NOES: COUNCIL MEMBERS: Patterson
ABSENT: COUNCIL MEMBERS: None
E7. CASH AND INVESTMENT REPORTS FOR MONTHS ENDED MAY 31, 2018,
AND JUNE 30, 2018, RECEIVED AND FILED (350.30)
E8. DONATION OF COMMUNITY CENTER SENIOR LOUNGE SIGNAGE FROM
SAN JUAN SENIORS, INC., APPROVED (150.10)
E9. CITY MANAGER AUTHORIZED TO EXECUTE A ONE-YEAR PURCHASE
AGREEMENT WITH KING LEE CHEMICAL COMPANY FOR THE PURCHASE
AND DELIVERY OF CHEMICALS FOR THE CITY'S GROUNDWATER
RECOVERY PLANT IN AN AMOUNT NOT TO EXCEED $75,000; AND,
CITY MANAGER AUTHORIZED TO APPROVE AND EXECUTE UP TO TWO,
ONE-YEAR AGREEMENT EXTENSIONS UNDER THE SAME PRICING AND
TERMS (600.30)
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ROLL CALL:
AYES: COUNCIL MEMBERS: Ferguson, Reeve, Maryott and Mayor Farias
NOES: COUNCIL MEMBERS: Patterson
ABSENT: COUNCIL MEMBERS: None
E10. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH LGC GEOTECHNICAL, INC.
TO INCREASE THE CONTRACT AMOUNT BY $14,500, FOR A TOTAL
CONTRACT AMOUNT OF $59,000, FOR GEOTECHNICAL OBSERVATION,
TESTING, AND CONSULTING SERVICES FOR THE DEL OBISPO STREET
WIDENING PROJECT (CIP 16102) (600.30)
ROLL CALL:
AYES: COUNCIL MEMBERS: Ferguson, Reeve, Maryott and Mayor Farias
NOES: COUNCIL MEMBERS: Patterson
ABSENT: COUNCIL MEMBERS: None
E11. RESOLUTION NO. 18-08-07-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE CAPISTRANO VILLAS STREET PAVEMENT
REHABILITATION PROJECT, BY R. J. NOBLE COMPANY (CIP 18101);"
CITY CLERK TO PROCESS RECORDING OF A NOTICE OF COMPLETION
FOR THE PROJECT; AND, STAFF AUTHORIZED TO RELEASE THE PROJECT
RETENTION THIRTY-FIVE DAYS AFTER RECORDATION OF THE NOTICE OF
COMPLETION (600.30) 1
Steve May, Public Works and Utilities Director, provided an agenda report and
responded to questions.
Council Action: Moved by Mayor Farias, seconded by Council Member Ferguson,
and carried unanimously to adopt RESOLUTION NO. 18-08-07-02 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THE CAPISTRANO VILLAS STREET
PAVEMENT REHABILITATION PROJECT, BY R. J. NOBLE COMPANY
(CIP 18101);" direct the City Clerk to process the recording of the Notice of
Completion; and direct staff to release the project retention thirty-five days after
recordation of the Notice of Completion.
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ADMINISTRATIVE ITEMS:
F1. PUBLIC WORKS
a. DESIGN OF THE ARCE PARK RENOVATION PROJECT (CIP 18202),
APPROVED (920.40)
Tom Toman, Assistant Public Works Director, provided a PowerPoint
Presentation and responded to questions.
• Public Comments: Monique Rea, City resident; and, Steve Behmerwohld,
City resident.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Ferguson, and carried unanimously to approve the design of the
Arce Park Renovation Project (CIP 18202).
F2. CITY CLERK
a. MAYOR FARIAS APPOINTED AS VOTING DELEGATE AND COUNCIL
MEMBER PATTERSON APPOINTED AS ALTERNATE VOTING DELEGATE TO
REPRESENT THE CITY AT THE 2018 LEAGUE OF CALIFORNIA CITIES
ANNUAL CONFERENCE; VOTING DELEGATE DIRECTED TO VOTE IN
SUPPORT OF THE PROPOSED LEAGUE'S POLICY RESOLUTIONS; AND
CITY CLERK DIRECTED TO COMMUNICATE THE APPOINTMENTS TO THE
LEAGUE (140.20)
Maria Morris, City Clerk, provided an agenda report.
Council Action: Moved by Council Member Ferguson, seconded by
Mayor Pro Tem Maryott, and carried unanimously to appoint Mayor Farias as
voting delegate, and appoint Council Member Patterson as alternate voting
delegate to represent the City at the 2018 League of California Cities Annual
Conference.
Council Action: Moved by Mayor Farias, seconded by Council Member Ferguson,
and carried unanimously to direct voting delegate to vote in support of the
proposed League's Policy Resolutions; and direct the City Clerk to communicate
the appointments to the League.
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)
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COUNCIL ACTION ITEMS:
11. STAFF DIRECTED TO TAKE THE STEPS NECESSARY TO MODIFY THE
MEETING FREQUENCY AND FORMAT FOR THE DESIGN REVIEW
COMMITTEE WITH THE PURPOSE OF IMPROVING EFFICIENCY AND
REDUCING COST FOR APPLICANTS (110.10)
Council Member Reeve, provided a report.
Council Action: Moved by Mayor Pro Tem Maryott, seconded by Mayor Farias,
and carried unanimously to direct staff to take the steps necessary to modify the
meeting frequency and format for the Design Review Committee with the purpose
of improving efficiency and reducing cost for applicants.
12. DISCUSSION REGARDING THE ROLE OF THE SAN JUAN CAPISTRANO
UTILITIES COMMISSION IN THE WATER REORGANIZATION PLAN (1050.10)
— ITEM REMOVED FROM THE AGENDA
Public Correspondence: Roger Butow, Clean Water Now.
CITY COUNCIL REPORTS:
• Council Member Ferguson reported on the following: attending an Association of
California Cities — Legislative and Regulatory Committee Meetings; Memorial
Service for Steve Nordeck; City's 4th of July Celebration; Chamber of Commerce
Awards Dinner; Heritage Tourism Association — Soldier's Barracks at the Mission.
• Mayor Pro Tem Maryott reported on the following: attending San Juan Capistrano
Equestrian Coalition's "Two Stepping Under the Stars" Event.
• Mayor Farias reported on the following: Attending a League of California Cities
Newly Elected Officials and Mayors Conference in Monterey; and announced that
the updated members of the Mayoral Ad -Hoc Subcommittee for the potential
reorganization of the City's Utility include: Mayor Farias, Council Member Reeve,
Moulton Niguel Water District, Santa Margarita Water District and South Coast
Water District.
• City Manager announced the National "Night Out" Event at Descanso Park.
ADJOURNMENT:
There being no further business Mayor Farias adjourned the meeting at 7:30 p.m. to
Tuesday, August 21, 2018, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public
Business Session, in the City Council Chamber.
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Approved: August 21, 2018
ATTEST:
SERGIC FARIAS, MAYOR
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