18-0918_CC_Minutes_Regular MeetingMINUTES
September 18, 2018
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Farias called the Regular Meeting of September 18, 2018, of the
City Council of the City of San Juan Capistrano to order at 5:06 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.
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: William Bonney, Cultural Heritage Commission; Jack Hunt,
Utilities Commission; and Ella Friess, Youth Advisory Board.
ORAL COMMUNICATIONS:
• Public Correspondence: Rhen Kohan, City resident; Lisa Holman, Capo Girls
Fast Pitch Softball; and, Dawn Fusco, City resident.
• Public Comments: Rhen Kohan, City resident; Leah Martin, City resident
(provided handouts); Mike Duby, City resident; Frank Larkin, City resident;
Kathy Hobstetter, City business owner; and, Anonymous Speaker.
PUBLIC HEARINGS: None.
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Mayor Farias, and
carried unanimously to approve consent calendar items E1 through E11, as
recommended by staff, with 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 SEPTEMBER 4, 2018
(CLOSED SESSION), APPROVED
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E3. CITY COUNCIL MINUTES - REGULAR MEETING OF SEPTEMBER 4, 2018,
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM AUGUST 17, 2018, TO
AUGUST 30, 2018, RECEIVED AND FILED (330.30)
E5. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
E6. CITY MANAGER AUTHORIZED TO EXECUTE A LEGAL SERVICES
AGREEMENT WITH RICHARDS WATSON GERSHON TO ASSIST WITH
LEGAL MATTERS RELATED TO THE POTENTIAL TRANSFER OF THE CITY'S
WATER AND WASTEWATER UTILITY SYSTEM; AND, $50,000
APPROPRIATED FROM THE WATER FUND FOR THESE SERVICES
(600.301330.30)
E7. RESOLUTION NO. 18-09-18-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING THE RECYCLED WATER SERVICE
CONVERSIONS PROJECT AND APPROVING THE TOTAL COST OF
CONSTRUCTION (CIP 16601);" AND, CITY CLERK DIRECTED TO PROCESS
RECORDING OF A NOTICE OF COMPLETION FOR THE PROJECT (600.30)
E8. RESOLUTION NO. 18-09-18-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING THE EASTERN IRRIGATION WATER SYSTEM PROJECT AND
APPROVING THE TOTAL COST OF CONSTRUCTION (CIP 17808);" AND,
CITY CLERK DIRECTED TO PROCESS RECORDING OF A NOTICE OF
COMPLETION FOR THE PROJECT (600.30)
E9. RESOLUTION NO. 18-09-18-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING THE CITY-WIDE PARK PLAYGROUND UPGRADES PROJECT
AND THE COOK CORDOVA PARK PLAYGROUND EQUIPMENT PROJECT
AND APPROVING THE TOTAL COSTS OF CONSTRUCTION (CIP 09203 &
16202);" $4,513 OF AVAILABLE FUNDS TRANSFERRED FROM THE
CITYWIDE PLAYGROUND UPGRADES PROJECT (CIP 9203) TO THE COOK
CORDOVA PARK PLAYGROUND EQUIPMENT PROJECT (CIP 16202); AND,
CITY CLERK DIRECTED TO PROCESS RECORDING OF A NOTICE OF
COMPLETION FOR THE PROJECTS (600.301330.30)
E10. RESOLUTION NO. 18-09-18-04 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING THE CAPISTRANO ROYALE PUMP STATION
IMPROVEMENT PROJECT AND APPROVING THE TOTAL COST OF
CONSTRUCTION (CIP 17804);" AND, CITY CLERK DIRECTED TO PROCESS
RECORDING OF A NOTICE OF COMPLETION FOR THE PROJECT (600.30)
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E11. CREATION OF A PART-TIME, EXTRA HELP BUILDING AND GRADING
INSPECTOR POSITION, APPROVED; AND, TRANSFER OF $40,400 FROM
THE DEVELOPMENT SERVICES CONTRACT SERVICES ACCOUNT INTO
THE TEMPORARY SALARY ACCOUNTS TO FUND THIS PART-TIME
POSITION, APPROVED (700.101330.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Ferguson, Maryott and Mayor Farias
NOES: COUNCIL MEMBER: Patterson
ABSENT: COUNCIL MEMBER: None
ADMINISTRATIVE ITEMS:
F1. DEVELOPMENT SERVICES
a. AMENDMENT TO THE KINOSHITA FARM SPECIFIC PLAN INITIATED,
THEREBY DIRECTING THE DEVELOPMENT SERVICES DEPARTMENT TO
CONDUCT AN APPROPRIATE STUDY OF A PROPOSAL TO ALLOW THE
ECOLOGY CENTER'S PROPOSED COMMERCIAL FARM DEVELOPMENT
PROJECT REFERRED TO AS "TRANSFORMATIVE COMMUNITY FARM"
(420.25)
Joel Rojas, Development Services Director, provided a PowerPoint Presentation
and responded to questions.
U
• Public Correspondence: Tom Lorch, City property owner.
• Public Comments: Evan Marks, The Ecology Center; Jack Hunt,
City resident; Anonymous Speaker; Steve Behmerwohld, City resident;
Monique Rea, City resident; Rachel Wiggins, City resident; and,
Kathy Hobstetter, City business owner.
Council Action: Moved by Mayor Farias, seconded by Council Member Ferguson
and carried unanimously to initiate an Amendment to the Kinoshita Farm Specific
Plan, thereby directing the Development Services Department to conduct an
appropriate study of a proposal to allow The Ecology Center's proposed
commercial farm development project referred to as "Transformative Community
Farm."
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F1b. STAFF DIRECTED TO REQUIRE IMMEDIATE REMOVAL OF THE MONUMENT
SIGN LOCATED WITHIN CITY RIGHT -OF WAY ON THE CORNER OF CAMINO
CAPISTRANO AND MISSION STREET; STAFF DIRECTED TO INITIATE
CONVERSATION WITH STAKEHOLDERS, INCLUDING LANDLORDS AND
TENANTS TO BRING FORTH A SOLUTION FOR A POTENTIAL NEW SIGN
THAT WOULD GO THROUGH THE APPROPRIATE COMMISSION REVIEW
PROCESS FOR RECOMMENDATION AND BROUGHT BACK TO THE CITY
COUNCIL FOR APPROVAL AT A FUTURE DATE; AND, RECOVER ALL COSTS
ASSOCIATED WITH APPLICATION/PERMIT FEES AND STAFF TIME (820.50)
Joel Rojas, Development Services Director, provided a PowerPoint Presentation
and responded to questions. Benjamin Siegel, City Manager, responded to
questions.
• Public Correspondence: Caroline and Pasquale Manta, Ciao Pasta;
Mission Hacienda management and tenants; and, Larry Ryan, RJM Design
Group.
Public Comments: Caroline Manta, Ciao Pasta; Trevor Baird, Trevor at the
Tracks; Monique Rea, City resident; Robert Bruch, City resident; and,
Marta Kin, City resident.
Moved by Mayor Pro Tem Maryott, seconded by Council Member Patterson and
carried 4-1, with Mayor Farias opposed to direct staff to require removal of the
moment sign located within city right-of-way on the corner of Camino Capistrano
and Mission Street, and reevaluate the process for a new monument sign, but
motion failed due to reconsideration of the motion.
Council Action: Moved by Mayor Farias, seconded by Mayor Pro Tem Maryott
and carried 4-1, with Council Member Patterson opposed to reconsider the
previous council action requiring removal of the moment sign located within city
right-of-way on the corner of Camino Capistrano and Mission Street, and
reevaluation of the process for a new monument sign.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Ferguson, Maryott and Mayor Farias
NOES: COUNCIL MEMBER: Patterson
ABSENT: COUNCIL MEMBER: None
Moved by Mayor Pro Tem Maryott, seconded by Council Member Ferguson to
direct staff to require immediate removal of the monument sign located within city
right-of-way on the corner of Camino Capistrano and Mission Street; direct staff
to initiate conversation with stakeholders, including landlords and tenants to bring
forth a solution for a potential new sign that would go through the appropriate
commission review process for recommendation and brought back to the
City Council for approval at a future date, but motion failed due to approved
substitute motion.
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Substitute Council Action: Moved by Mayor Farias, seconded by
Council Member Patterson and carried 3-2, with Council Member Ferguson and
Council Member Reeve opposed to direct staff to require immediate removal
of the monument sign located within city right-of-way on the corner of
Camino Capistrano and Mission Street; direct staff to initiate conversation with
stakeholders, including landlords and tenants to bring forth a solution for
a potential new sign that would go through the appropriate commission review
process for recommendation and brought back to the City Council for approval
at a future date; and, recover costs associated with application/permit fees and
staff time.
ROLL CALL:
AYES: COUNCIL MEMBER: Patterson, Maryott and Mayor Farias
NOES: COUNCIL MEMBER: Ferguson and Reeve
ABSENT: COUNCIL MEMBER: None
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS:
H1. WAIVE CONFIDENTIALITY OF THE SUBSTANCE/TERMS OF THE MOTIONS
MADE AND THE VOTES TAKEN AT THE CITY COUNCIL CLOSED SESSION
MEETING OF AUGUST 21, 2018, REGARDING THE ORANGE COUNTY
`J COASTKEEPER VS. CITY OF SAN JUAN CAPISTRANO, AND BLENHEIM
FACILITY MANAGEMENT, LLC LAWSUIT (610.90) — ITEM TABLED
• Public Comments: Steve Behmerwohld, City resident.
CITY COUNCIL REPORTS:
• Mayor Farias reported on the following: attending League of California Cities
event; and, Orange County LAFCO Meeting.
• Mayor Pro Tem Maryott reported on the following: gave gratitude to Council
Member Ferguson and organizers of the Patriots' Hill 9/11 Memorial Ceremony.
• Council Member Ferguson reported on the following: attending Southern
California Association of Governments Community, Housing and Economic
Development Committee meeting; Patriots' Hill 9/11 Memorial Ceremony;
Orange County Fire Authority 9/11 Memorial; Orange County LAFCO Meeting;
and, San Juan Capistrano Fiesta Association Meeting.
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ADJOURNMENT:
There being no further business Mayor Farias adjourned the meeting at 6:45 p.m. to
Tuesday, October 2, 2018, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public ^i
Business Session, in the City Council Chamber.
Respectfully submitted,
C LU \ u
CHRISTY JA L, ASSISTANT CITY CLERK
Approved: October 2, 2018
ATTEST:
-�
SE 10 FARIAS, MAYOR
9/18/2018