18-0501_CC_Minutes_Regular MeetingMINUTES
May 1, 2018
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Farias called the Regular Meeting of May 1, 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
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 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:
B1. MAYOR PRO TEM MARYOTT INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Donna Friess and William Bonney, Cultural
Heritage Commission.
B2. MAY 2018 PROCLAIMED AS NATIONAL HISTORIC PRESERVATION MONTH
B3. MAY 6 —MAY 12, 2018, PROCLAIMED AS WILDFIRE AWARENESS WEEK
B4. MAY — OCTOBER 2018, PROCLAIMED AS DROWNING PREVENTION
AWARENESS
ORAL COMMUNICATIONS:
• Public Comments: Sheila DeForest, Families Forward; Martin Canales, United
Futbol Club; Sue Connor, City resident; John Berney, City business owner;
Craig (no last name or place of residence provided) (provided handouts);
Enzo and Layeece Johnson, Solana Beach residents; Torgen Johnson, Solana
Beach resident; Mamie Maywhort, City resident; Marilen O'Brien, City resident
(provided handouts); and, Judy Jones, San Clemente resident.
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PUBLIC HEARINGS:
D1. AMENDED 2015 URBAN WATER MANAGEMENT PLAN — CONTINUED TO
JUNE 5, 2018
Benjamin Siegel, City Manager, provided an agenda report.
Mayor Farias opened the public hearing and invited public testimony. No public
testimony was received.
Council Action: Moved by Council Member Reeve, seconded by Mayor Farias,
and carried unanimously to continue consideration of the Amended 2015 Urban
Water Management Plan to the June 5, 2018, City Council meeting.
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Mayor Farias, and
carried unanimously to approve consent calendar items E1, E2, E3, E5, E8, E10 and
E11, as recommended by staff, with Mayor Pro Tem Maryott abstained from items E2
and E3.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — REGULAR MEETING OF APRIL 17, 2018
(CLOSED SESSION), APPROVED
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Reeve, Patterson and Mayor Farias
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Mayor Pro Tem Maryott
E3. CITY COUNCIL MINUTES — REGULAR MEETING OF APRIL 17, 2018,
APPROVED
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Reeve, Patterson and Mayor Farias
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Mayor Pro Tern Maryott
E4. CHECK REGISTERS FOR THE PERIOD FROM MARCH 30, 2018, TO
APRIL 12, 2018, RECEIVED AND FILED (330.30)
Benjamin Siegel, City Manager, responded to questions.
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
check registers for the period from March 30, 2018, to April 12, 2018.
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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
MARCH 31, 2018, RECEIVED AND FILED (350.30)
E6. ORDINANCE 1055 ADOPTED ENTITLED "AN ORDINANCE OF THE
CITY COUNCIL OF THE 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" (430.70)
• Public Correspondence: Debra Yost, Mission Viejo resident.
Ken AI -Imam, Chief Financial Officer, provided an agenda report.
• Public Comments: Debra Yost, Mission Viejo resident.
Council Action: Moved by Council Member Reeve, seconded by Mayor Farias,
and carried unanimously to adopt ORDINANCE NO. 1055 entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE 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."
E7. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH PROFESSIONAL PARKING, INC. FOR AN AMOUNT
NOT -TO -EXCEED $145,000 FOR TROLLEY LEASE, OPERATIONS, AND
MAINTENANCE FOR THE PROPOSED 2018 SUMMER TROLLEY SERVICE
(600.30)
Council Action: Moved by Council Member Ferguson, seconded by
Council Member Reeve, and carried 3-0 with Council Member Patterson and
Mayor Pro Tem Maryott absent (stepped out of Council Chamber) to authorize
the City Manager to execute a Professional Services Agreement with
Professional Parking, Inc. for an amount not -to -exceed $145,000 for trolley
lease, operations, and maintenance for the proposed 2018 summer trolley
service.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Reeve and Mayor Farias
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Patterson and Mayor Pro Tem Maryott
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E8. CITY MANAGER AUTHORIZED TO EXECUTE A MAINTENANCE SERVICES
AGREEMENT WITH BEAR ELECTRICAL SOLUTIONS TO PROVIDE
TRAFFIC SIGNAL MAINTENANCE SERVICES FOR A TWO YEAR PERIOD
COMMENCING ON JULY 1, 2018, AND ENDING JUNE 30, 2020; AND,
CITY MANAGER AUTHORIZED TO APPROVE AND EXECUTE UP TO TWO
OPTIONAL TWO-YEAR AGREEMENT EXTENSIONS BASED ON
SATISFACTORY PERFORMANCE OF THE CONTRACTOR, WITH
CONSUMER PRICE INDEX BASED FEE ADJUSTMENTS AS PROVIDED FOR
IN THE AGREEMENT (600.30)
E9. RESOLUTION 18-05-01-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK COMPLETED FOR THE RIDING PARK WATER AND
SANITARY SEWER PIPELINES PROJECT (CIP 17201);" AND CITY CLERK
DIRECTED TO PROCESS RECORDING OF THE NOTICE OF COMPLETION
(600.30)
Steve May, Public Works and Utilities Director, responded to questions
Council Action: Moved by Mayor Farias, seconded by Council Member Reeve,
and carried unanimously to adopt RESOLUTION NO. 18-05-01-01 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK COMPLETED FOR THE
RIDING PARK WATER AND SANITARY SEWER PIPELINES PROJECT
(CIP 17201)" and, direct the City Clerk to process recording of a Notice of
Completion for the Project.
Council Member Patterson commented during Administrative Item Fla that the
affirmative vote registered for Consent Calendar item E9 was intended for
Administrative item Fla and not for Consent Calendar item E9.
The vote remained a unanimous 5-0 vote because the City Council did not
consider a re -vote.
E10. REQUEST FROM ORANGE COUNTY REGISTRAR OF VOTERS FOR A FULL
FACILITY RENTAL FEE WAIVER IN ACCORDANCE WITH ADMINISTRATIVE
POLICY 606, IN THE AMOUNT OF $1,862.16, FOR MAY 26 AND
MAY 30, 2018, USE OF THE SAN JUAN CAPISTRANO COMMUNITY
CENTER AT 25925 CAMINO DEL AVION, TO CONDUCT POLL WORKER
TRAINING CLASSES, APPROVED (390.30)
Ell. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH GUADAGNO & SONS AMUSEMENTS TO PROVIDE A
FOUR DAY CARNIVAL, JULY 4, 6, 7 & 8, 2018, AT THE SAN JUAN
CAPISTRANO SPORTS PARK (600.30)
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ADMINISTRATIVE ITEMS:
F1. CITY MANAGER
a. STAFF DIRECTED TO DEVELOP A CITYWIDE LUXURY HOTEL TRANSIENT
OCCUPANCY TAX (TOT) REVENUE SHARING INCENTIVE PROGRAM
(390.10)
• Public Correspondence: Laura Freese, City resident; Ann Rona, City resident;
and, Tom Hribar, City resident.
Jacob Green, Assistant City Manager, provided an agenda report. Benjamin
Siegel, City Manager, Elizabeth Hull, Deputy City Attorney and Steve May,
Public Works and Utilities Director, responded to questions.
• Public Comments: Dan Friess, Plaza Banderas; Steve Behmerwohld,
City resident; Stephanie Frisch, City resident; William Griffith, Plaza
Banderas; and, Anna Dickinson, City resident.
Mayor Pro Tem Maryott made a motion to direct staff to continue working on
a Transient Occupancy Tax (TOT) Revenue Share Plan that luxury hotels
developers can look at when considering the possibility of developing luxury
hotels (4 star criteria) to last a number of years (time limit), but motion failed for
lack of a second.
Mayor Pro Tem Maryott made a motion to commend staff for their excellent job
on their presentation; direct staff to continue working with the sponsoring
Council Member on specifics in regard to a Transient Occupancy Tax (TOT)
revenue sharing specific to 4 star luxury hotels and bring back to City Council in
the next couple of meeting, but motion failed for lack of a second.
Council Action: Moved by Council Member Ferguson, seconded by
Council Member Patterson and carried 3-2 with Council Member Reeve and
Mayor Farias opposed to direct staff to develop a citywide Luxury Hotel
Transient Occupancy Tax (TOT) Revenue Sharing Incentive Program.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Patterson and Mayor Pro Tem Maryott
NOES: COUNCIL MEMBER: Reeve and Mayor Farias
ABSENT: COUNCIL MEMBER: None
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. CITY COUNCIL APOLOGY TO STAFF FOR ALLEGATIONS OF THEFT BY
ANOTHER CITY COUNCILMEMBER, NOT AUTHORIZED (610.20)
Mayor Farias, provided a report.
Public Comments: Kathy Hobstetter, City business owner.
Mayor Farias made a motion seconded by Council Member Reeve, but motion
failed 2-3 with Council Member Ferguson, Council Member Patterson and
Mayor Pro Tem Maryott opposed to authorize Mayor Farias to apologize to staff
for allegations of theft by another City Councilmember.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve and Mayor Farias
NOES: COUNCIL MEMBER: Ferguson, Patterson and Mayor Pro Tem Maryott
ABSENT: COUNCIL MEMBER: None
12. STAFF DIRECTED TO BRING BACK AT A FUTURE CITY COUNCIL
MEETING AN AMENDMENT TO THE CITY'S CURRENT "SMOKING IN
PUBLIC PLACES" ORDINANCE TO INCLUDE A SMOKING BAN ON
CITY PARKS (585.20)
Council Member Ferguson provided a report. Jeff Ballinger, City Attorney,
responded to questions.
Council Member Patterson made a substitute motion, seconded by Council
Member Ferguson, but motion failed 2-3 with Council Member Reeve,
Mayor Pro Tem Maryott and Mayor Farias opposed to direct staff to bring back a
recommendation to the City Council after reviewing the smoking ban ordinances
from the cities of Dana Point and Laguna Beach.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson and Patterson
NOES: COUNCIL MEMBER: Reeve, Maryott and Mayor Farias
ABSENT: COUNCIL MEMBER: None
Council Action: Moved by Council Member Reeve, seconded by Mayor Farias,
and carried 4-1 with Mayor Pro Tem Maryott opposed to direct staff to bring back
at a future City Council meeting an amendment to the City's current "smoking in
public places" ordinance to include a smoking ban on City parks.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Reeve, Patterson and Mayor Farias
NOES: COUNCIL MEMBER: Mayor Pro Tern Maryott
ABSENT: COUNCIL MEMBER: None
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13. PROPOSAL TO INSTALL "LITTLE FREE LIBRARY" AND LANDSCAPE
IMPROVEMENTS AT JUNIPERO SERRA PARK (920.40) — ITEM TABLED
CITY COUNCIL REPORTS:
• Council Member Ferguson reported on the following: Southern California
Association of Governments Meeting; Gibby Mass and Portola Rider's Empty
Saddle Ceremony; Bueno Bueno Ribbon Cutting Ceremony; Inter -City Council
Member Meeting; Best Best and Krieger Attorneys at Law Symposium — The Bill
is Due; Association of California Cities — Orange County Legislative &
Regulatory Committee; and, Medal of Valor Luncheon.
• Mayor Pro Tem Maryott announced that he would be sponsoring a Chili at the
Swallows Inn and San Juan Capistrano Equestrian Coalition Chili Cook Off
Event.
• Mayor Farias announced attending the Medal of Valor Luncheon; and the
Dia de Los Ninos Event hosted by Unidos.
ADJOURNMENT:
There being no further business Mayor Farias adjourned the meeting at 8:58 p.m. to
Mondays May 7, 2018, at 3:00 p.m. for an Adjourned Regular Meeting (Budget
/Wkph ); and then to Tuesday, May 15, 2018, at 4:00 p.m. for Closed Session, and
5:0� p.m for the public Business Session, in the City Council Chamber.
Resp tf I submitted,
MART_ MOR�RIS; CITY CLERK
Approved: May 15, 2018
ATTEST:
SERGIO FARIAS, MAYOR
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