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18-0904_CC_Minutes - Regular MeetingMINUTES September 4, 2018 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Farias called the Regular Meeting of September 4, 2018, of the City Council of the City of San Juan Capistrano to order at 5:08 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 is 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: Ella Friess, Youth Advisory Board; Matt Gaffney, Planning Commission; Gerald Muir, Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission and Youth Advisory Board; and, Bill Bonney, Cultural Heritage Commission. B2. SEPTEMBER 17-23,2018, PROCLAIMED AS US CONSTITUTION WEEK B3. COX COMMUNICATIONS PROVIDED PRESENTATION REGARDING NETWORK INVESTMENT UPGRADE ORAL COMMUNICATIONS: Public Comments: Ella Friess, Youth Advisbry Board; Matt Gaffney, City resident; Monique Rea, City resident; and, Anonymous Speaker. 9/4/2018 PUBLIC HEARINGS: None. CONSENT CALENDAR: 7 Council Action: Moved by Mayor Farias, seconded by Council Member Reeve, and carried unanimously to approve consent calendar items E1 through E11, as recommended by staff, with Council Member Patterson opposed to consent calendar item E9. , E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF AUGUST 21, 2018 (CLOSED SESSION), APPROVED E3. CITY COUNCIL MINUTES — REGULAR MEETING OF AUGUST 21, 2018, APPROVED E4. CHECK REGISTERS FOR THE PERIOD FROM AUGUST 3, 2018, TO AUGUST 16, 2018, RECEIVED AND FILED (330.30) E5. CASH AND INVESTMENT REPORT FOR MONTH ENDED JULY 31, 2018, AND JUNE 30, 2018, RECEIVED AND FILED (350.30) E6. RESOLUTION NO. 18-09-04-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RECOGNIZING SEPTEMBER AS NATIONAL PREPAREDNESS MONTH" (610.40) E7. RESOLUTION NO. 18-09-04-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974" (640.40) E8. ORDINANCE NO. 1060 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY COUNCIL 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" (585.20) E9. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE BOYS & GIRLS CLUBS OF CAPISTRANO VALLEY TO PROVIDE AN AFTERSCHOOL RECREATION PROGRAM FOR THREE YEARS WITH TWO OPTIONAL ONE-YEAR EXTENSIONS, WITH THE SAME TERMS AND CONDITIONS AS THE CURRENT AGREEMENT (600.30) 2 9/4/2018 Benjamin Siegel, City Manager, made note of typographical error under the automobile liability insurance in the Professional SerWces Agreement. The correct amount is $5,000,000 instead of $1,000,000. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Ferguson, Maryott and Mayor Farias NOES: COUNCIL MEMBER: Patterson ABSENT: COUNCIL MEMBER: None E10. CHAMBER OF COMMERCE REQUEST FOR A FULL FACILITY RENTAL FEE WAIVER, IN THE AMOUNT OF $869.58, FOR USE OF THE SAN JUAN CAPISTRANO COMMUNITY CENTER TO CONDUCT A CITY COUNCIL CANDIDATES FORUM, APPROVED (390.30) E11. CITY MANAGER AUTHORIZED TO EXECUTE THE CONSENT TO ASSIGNMENT AGREEMENT WITH EUROFINS EATON ANALYTICAL, INC. (ASSIGNOR) AND EUROFINS EATON ANALYTICAL LLC (ASSIGNEE); AND, CITY MANAGER AUTHORIAZED TO EXECUTE AMENDMENT NO. 2 TO THE PERSONAL SERVICES AGREEMENT WITH EUROFINS EATON ANALYTICAL LLC, EXTENDING THE TERM OF THE AGREEMENT FIVE MONTHS TO DECEMBER 31, 2018 (600.30) ADMINISTRATIVE ITEMS: F1. CITY MANAGER a. CITY MANAGER AUTHORIZED TO EXECUTE A DEPOSIT AND REIMBURSEMENT AGREEMENT WITH SADDLEBACK VALLEY COMMUNITY CHURCH TO INITIATE THE PROCESS OF APPLYING FOR DESIGNATION OF THE RANCHO CAPISTRANO PRIVATE GRADE CROSSING AT MILEPOST (MP) 194.3 AS A FUTURE PUBLIC RAIL CROSSING (600.30) Jacob Green, Assistant City Manager, provided a PowerPoint presentation and responded to questions. Jeffrey Ballinger, City Attorney; Elizabeth Hull, Assistant City Attorney; and, Steve May, Public Works and Utilities Director, responded to questions. • Public Comments: Mike Recupero, Applicant; Anonymous Speaker (provided handout); and, Marta Kin, City resident. 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 Deposit and Reimbursement Agreement with Saddleback Valley Community Church to initiate the process of applying for designation of the Rancho Capistrano private grade crossing at Milepost (MP) 194.3 as a future public rail crossing. 3 9/4/2018 2 ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Ferguson, Maryott and Mayor Farias NOES: COUNCIL MEMBER: Patterson ABSENT: COUNCIL MEMBER: None F2. PUBLIC WORKS a. COOPERATIVE AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY, SUBSTANTIALLY IN THE FORM ATTACHED, FOR PROJECT V GRANT FUNDING FOR SUMMER WEEKEND AND SPECIAL EVENT TROLLEY SERVICE THROUGH JUNE 30, 2023, APPROVED; CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH PROFESSIONAL PARKING FOR TROLLEY PURCHASE, OPERATIONS, AND MAINTENANCE OF A MULTI-YEAR TROLLEY PROGRAM BEGINNING JULY 1, 2018, AND ENDING JUNE 30, 2023, FOR AN AMOUNT NOT TO EXCEED $970,595; AND, $19,733 APPROPRIATED TO THE GENERAL FUND'S OPERATING BUDGET, WITH A REIMBURSEMENT FROM THE HIGHWAYS, STREETS, AND ROADS GRANT FUND OF $18,060 AND THE AIR QUALITY MANAGEMENT DISTRICT FUND OF $1,673 (600.301330.30) Tom Toman, Assistant Public Works Director, provided a PowerPoint presentation and responded to questions. Benjamin Siegel, City Manager; and, Ken AI -Imam, Chief Financial Officer, responded to questions. Public Comments: Monique Rea, City resident. 7 Council Action: Moved by Council Member Ferguson, seconded by Council Member Reeve, and carried 4-1 with Council Member Patterson opposed to approve the Cooperative Agreement with the Orange County Transportation Authority, substantially in the form attached, for Project V grant funding for Summer Weekend and Special Event Trolley Service through June 30, 2023; authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Professional Parking for trolley purchase, operations, and maintenance of a multi-year trolley program beginning July 1, 2018, and ending June 30, 2023, for an amount not to exceed $970,595; and, appropriate $19,733 to the General Fund's operating budget, with a reimbursement from the Highways, Streets, and Roads Grant Fund of $18,060 and the Air Quality Management District Fund of $1,673. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Ferguson NOES: COUNCIL MEMBER: Patterson ABSENT: COUNCIL MEMBER: None fl 4 9/4/2018 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) COUNCIL ACTION ITEMS: 11. LETTER OF SUPPORT FOR ASSEMBLY BILL 3162 RELATING TO ALCOHOLISM OR DRUG FACILITIES, APPROVED; AND, MAYOR AUTHORIZED TO EXECUTE THE LETTER OF SUPPORT (610.40) • Public Correspondence: Council Member Reeve. Council Member Reeve provided a report. Public Comments: Bill Bonney, City resident. Council Action: Moved by Council Member Ferguson, seconded by Council Member Reeve, and carried unanimously to approve letter of support for Assembly Bill 3162 relating to alcoholism or drug facilities; and, authorize the Mayor to execute the letter of support. CITY COUNCIL REPORTS: • Mayor Farias reported on the following: attending an Orange County Fire Authority Meeting. • Mayor Pro Tem Maryott reported on the following: attending a Transportation Corridor Agencies Meeting. • Council Member Patterson reported on the following: attending a Vector Control Meeting. • Council Member Ferguson reported on the following: attending a Downtown Parking Meeting; Skatepark Subcommittee Meeting; ,Jim Seely Memorial Service; Flag Hill 9111 Ceremony; and, commended staff of how fast they are completing the renovation improvements to Arce Park. • Council Member Reeve reported on the following: attending the Rancho Mission Viejo Rodeo; and, commented that while attending a recent JSerra High School football game, he felt that there were no issues during the game and stated that in the future the City should look into permanently allowing the school to hold the games. 5 9/4/2018 ADJOURNMENT: There bein no further business Mayor Farias adjourned the meeting at 6:32 p.m. to Tu day, . eptember 18, 2018, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the P)fbli4 Wlas ess Session, in the City Council Chamber. submitted, Approved: September 'K,-Ml8 ATTEST: J SE IO FARIAS, MAYOR 6 9/4/2018 F�