18-0821_CC_Minutes_Regular MeetingMINUTES
August 21, 2018
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Farias called the Regular Meeting of August 21, 2018, of the
City Council of the City of San Juan Capistrano to order at 5:09 p.m., in the
City Council Chamber. District Attorney Tony Rackauckas led the Pledge of Allegiance
and Council Member 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.
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were not necessarily heard in that order.
MEETING DEDICATION: Mayor Farias dedicated the meeting in Memory of
Steve Nordeck, longtime business owner and civic leader.
• Public Comments: Gail Fayad, City resident; and Joe Chiquete, City resident.
INTRODUCTIONS AND PRESENTATIONS:
B1. MAYOR PRO TEM MARYOTT INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Rhonda deHann and Bill Bonney, Cultural Heritage
Commission; and, Joanne Marquez, Housing Advisory Committee.
B2. THE HISTORICAL SOCIETY, TOM OSTENSEN, DICK PAULSEN,
SCOTT GATES, STEVE BEHMERWOHLD, HARRISON TAYLOR, AND
FRED FRANK, RECOGNIZED FOR THE RESTORATION OF THE JOSE MARIA
SILVAS ADOBE HOUSE — CIRCA 1794
B3. DISTRICT ATTORNEY TONY RACKAUCKAS PROVIDED A PRESENTATION
ON SOBER LIVING -HOMES INVESTIGATION AND PROSECUTION
ORAL COMMUNICATIONS:
• Public Correspondence: Rhen Kohan, City resident.
Public Comments: Rhen Kohan, City resident; John Caldwell, Shea Riding
Therapeutic Center; Joanne Marquez, City resident; Monique Rea, City resident;
Matt Gaffney, City resident; and, Frank Larkin, Ciy resident.
8/21/2018
PUBLIC HEARINGS: 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 E4, E6, E7, and E10,
as recommended by staff, with Council Member Reeve opposed to consent calendar
item E6.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF AUGUST 7, 2018
(CLOSED SESSION), APPROVED
E3. CITY COUNCIL MINUTES — REGULAR MEETING OF AUGUST 7, 2018,
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM JULY 20, 2018, TO
AUGUST 2, 2018, RECEIVED AND FILED (330.30)
E5. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
Joel Rojas, Development Services Director, provided an agenda report and
responded to questions.
e Public Comments: Steve Behmerwohld, City resident.
Council Action: Moved by Mayor Farias, seconded by Council Member Reeve,
and carried unanimously to receive and file the new development application
status report.
E6. ORDINANCE 1059 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY 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" (410.40)
ROLL CALL:
AYES: COUNCIL MEMBER: Patterson, Ferguson, Maryott and Mayor Farias
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
E7. $17,157 APPROPRIATED FROM THE WATER CAPITAL REPLACEMENT FUND
TO PAY THE FINAL COUNTY OF ORANGE INVOICE FOR THE LA PATA
WATER LINE REPLACEMENT PROJECT (600.30)
2 8/21/2018
E8. CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE VALVE AND FIRE
HYDRANT MAINTENANCE SERVICES AGREEMENT WITH (WATER, INC., TO
INCLUDE FIRE HYDRANT PAINTING AND ADDITIONAL LINE FLUSHING FOR
THE DURATION OF THE AGREEMENT, THROUGH JUNE 30, 2021 (600.30)
Steve May, Public Works and Utilities Director, provided an agenda report and
responded to questions.
• Public Comments: Clint Worthington, City resident.
Council Member Ferguson made a substitute motion to direct staff to ask
iWater, Inc., for an estimate of rust removal before painting the fire hydrants, but
motion failed for a lack of a second.
Council Action: Moved by Mayor Farias, seconded by Council Member Reeve,
and carred unanimously to authorize the City Manager to execute Amendment
No. 1 to the Valve and Fire Hydrant Maintenance Services Agreement with Water,
Inc., to include fire hydrant painting and additional line flushing for the duration of
the Agreement, through June 30, 2021.
E9. SENATE CONCURRENT RESOLUTION 159 DESIGNATING A PORTION OF
INTERSATE-5 BETWEEN CAMINO LAS RAMBLAS AND ORTEGA HIGHWAY
AS THE "LONG BEACH FIRE CAPTAIN DAVID ROSA MEMORIAL HIGHWAY,"
SUPPORTED; AND, MAYOR AUTHORIZED TO EXECUTE A LETTER OF
SUPPORT (660.401800.10)
Jacob Green, Assistant City Manager, provided an agenda report.
Public Comments: Chief Michael Duree, Long Beach Fire Department.
Council Action: Moved by Council Member Ferguson, seconded by Council
Member Reeve, and carried unanimously to support Senate Concurrent
Resolution 159 designating a portion of Intersate-5 between Camino Las Ramblas
and Ortega Highway as the "Long Beach Fire Captain David Rosa Memorial
Highway;" and, authorize the Mayor to execute a letter of support.
E10. CITY MANAGER AUTHORIZED TO EXECUTE A TWO-YEAR LICENSE
AGREEMENT WITH TWO OPTIONAL ONE-YEAR EXTENSIONS WITH CREER-
COMUNIDAD Y FAMILIA, FOR USE OF A PORTION OF THE STONE FIELD
COMMUNITY BUILDING, LOCATED AT 31322 CAMINO CAPISTRANO (600.30)
• Public Correspondence: Mary Demers, Retired President, SJC Friends of
the Library & CREER Volunteer.
3 8/21/2018
ADMINISTRATIVE ITEMS:
F1. PUBLIC WORKS
a. CITY MANAGER AUTHORIZED TO EXECUTE THE FOLLOWING 17.
AGREEMENTS, SUBSTANTIALLY IN THE FORM ATTACHED: 1 LICENSE
AGREEMENT WITH ECOCENTER, INC. TO CONDUCT FARMING
OPERATIONS ON 27 ACRES OF LAND LOCATED AT 32681 ALIPAZ STREET,
COMMENCING ON AUGUST 21, 2018, FOR A THREE-YEAR TERM THAT MAY
BE EXTENDED FOR TWO ADDITIONAL ONE-YEAR TERMS UPON THE
WRITTEN REQUEST OF THE LICENSEE; 2) LETTER AGREEMENT WITH
ECOCENTER, INC. REGARDING THE DELINQUENT WATER BILL FOR THE
PROPERTY LOCATED AT 32681 ALIPAZ STREET; 3) FIRST AMENDMENT TO
THE AGREEMENT WITH SOUTH COAST FARMS ESTABLISHING A
PAYMENT SCHEDULE FOR OUTSTANDING WATER CHARGES; AND, 4)
EXCLUSIVE NEGOTIATION AGREEMENT EXTENSION WITH ECOCENTER,
INC. FOR A ONE YEAR PERIOD EXPIRING ON AUGUST 21, 2019 (600.30)
Public Correspondence: due to high volume of correspondence received,
correspondence is kept in the City Clerk's Office, and is also available as
correspondence to the Agenda Report on the City's Website.
Tom Toman, Assistant Public Works Director, and Ken AI-Iman, Finance Director,
provided a PowerPoint presentation and responded to questions. Charlie View,
Project Manager, responded to questions.
• Public Comments: Evan Marks, The Ecology Center, provided a PowerPoint
presentation; Joanne Marquez, City resident; Marianne Taylor, City resident;
Laura Freese, City resident; Kathy Hobbsteter, City business owner;
Frank Larkin, City resident; Anonymous; and, John Kraemer, Del Mar resident.
Council Action: Moved by Council Member Reeve, seconded by Mayor Farias,
and carried unanimously to authorize the City Manager to execute the following
agreements, substantially in the form attached: 1) License Agreement with
Ecocenter, Inc. to conduct farming operations on 27 acres of land located at
32681 Alipaz Street, commencing on August 21, 2018, for a three-year term that
may be extended for two additional one-year terms upon the written request of
the Licensee; 2) Letter Agreement with Ecocenter, Inc. regarding the delinquent
water bill for the property located at 32681 Alipaz Street; 3) First Amendment to
the Agreement with South Coast Farms Establishing a Payment Schedule for
Outstanding Water Charges; and, 4) Exclusive Negotiation Agreement Extension
with Ecocenter, Inc. for a one year period expiring on August 21, 2019.
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F2. CITY ATTORNEY
a. INTRODUCTION AND FIRST READING OF AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING IN PART SAN JUAN CAPISTRANO
MUNICIPAL CODE TITLE 5, PUBLIC WELFARE, CHAPTER 20, SMOKING IN
PUBLIC PLACES, TO UPDATE THE CITY'S REGULATIONS TO INCLUDE A
BAN ON SMOKING IN PUBLIC PARKS," APPROVED; AND, STAFF DIRECTED
TO BRING BACK AN ORDINANCE ADDING LANGUAGE PERTAINING TO
VAPING (585.20)
Jeffrey Ballinger, provided an agenda report and responded to questions.
Moved by Council Member Reeve, seconded by Mayor Farias 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 IN PART SAN JUAN CAPISTRANO MUNICIPAL CODE TITLE 5,
PUBLIC WELFARE, CHAPTER 20, SMOKING IN PUBLIC PLACES, TO
UPDATE THE CITY'S REGULATIONS TO INCLUDE A BAN ON SMOKING IN
PUBLIC PARKS," but motion failed due to approved substitute motion.
Maria Morris, City Clerk, read the title of the ordinance.
Substitute Council Action: Moved by Council Member Ferguson, seconded by
Council Member Patterson, and carried unanimously to approve the introduction
and first reading of an ordinance entitled "AN ORDINANCE OF THE CITY
J COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING IN PART SAN JUAN CAPISTRANO MUNICIPAL CODE TITLE 5,
PUBLIC WELFARE, CHAPTER 20, SMOKING IN PUBLIC PLACES, TO
UPDATE THE CITY'S REGULATIONS TO INCLUDE A BAN ON SMOKING IN
PUBLIC PARKS;" and direct staff to bring back an ordinance adding language
pertaining to vaping.
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS: None.
CITY COUNCIL REPORTS:
• Council Member Patterson provided a PowerPoint regarding impacts of
trees that are encroaching from the Vermeulen property to the backyard of a
San Juan Capistrano resident.
• Mayor Farias reported on the following: attending a San Onofre Nuclear
Generating Station (SONGS) Decommissioning Community Engagement Panel
Meeting.
• Council Member Ferguson reported on the following: attending Skate Jam Event;
Eagle Scouts Court of Honor Event; Bark in the Park Event; Water
Re -organization Meeting; Summer Nites Concert; Ecology Center Expansion
Meeting; and provided a legislative update on Assembly Bill 448.
5 8/21/2018
ADJOURNMENT:
There being no further business Mayor Farias adjourned the meeting at 7:30 p.m. to
Tuesdayl September 4, 2018, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the
public Bylsir eA Session, in the City Council Chamber.
Approved: September 4, 2018
ATTEST:
SER 10 FARIAS, MAYOR
8/21/2018