18-1002_CC_Minutes_Regular MeetingMINUTES
October 2, 2018
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Farias called 'the Regular Meeting of October 2, 2018, of the
City Council of the City of San Juan Capistrano to order at 5:15 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: Gerald Muir, Parks, Recreation, Youth and Senior Services,
Trails and Equestrian Commission and Youth Advisory Board.
B2. OCTOBER 7-13,2018, PROCLAIMED AS FIRE PREVENTION WEEK
ORAL COMMUNICATIONS:
• Public Correspondence: Rhen Kohan, City resident; and, Kevin P. Sullivan,
Gatzke Dillon and Balance LLP.
• Public Comments: Daisy Uy Kimpang, no place of residence provided; and,
Rhen Kohan, City resident.
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 E6, and E8 through
E12 as recommended b staff, with Council Member Patterson atterson opposed to consent
calendar E10.
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E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES— REGULAR MEETING OF SEPTEMBER 18, 2018
(CLOSED SESSION), APPROVED
E3. CITY COUNCIL MINUTES — REGULAR MEETING OF SEPTEMBER 18, 2018,
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM AUGUST 31, 2018, TO
SEPTEMBER 13, 2018, RECEIVED AND FILED (330.30)
E5. CASH AND INVESTMENT REPORT FOR MONTH ENDED
AUGUST 31, 2018, RECEIVED AND FILED (350.30)
E6. OPERATING BUDGET FOR FISCAL YEAR 2018-19 AMENDED TO CONTINUE
THE APPROPRIATION OF UNEXPENDED FUNDS FOR PROJECTS AND
ACTIVITIES THAT WERE BUDGETED IN FISCAL YEAR 2017-18, BUT WERE
NOT COMPLETED BY YEAR END, AS SET FORTH IN ATTACHMENTS 1 AND
2; AND, SCHEDULE OF CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET
CARRYOVERS FROM FISCAL YEAR 2017-18, RECEIVED AND FILED (330.20)
E7. VACANCY NOT DECLARED ON THE PARKS, RECREATION, YOUTH AND
SENIOR SERVICES, TRAILS AND EQUESTRIAN COMMISSION (110.20)
Maria Morris, City Clerk, responded to questions. 7
Council Action. Moved by Mayor Farias, seconded by Council Member Reeve,
and carried 4-1, with Council Member Ferguson opposed to reject the resignation
of Parks, Recreation, Youth and Senior Services, Trail and Equestrian
Commissioner Tom Perrin.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Patterson, Maryott and Mayor Fadas
NOES: COUNCIL MEMBER: Ferguson
ABSENT: COUNCIL MEMBER: None
E8. VACANCY DECLARED ON THE CITIZENS' BOND OVERSIGHT AD-HOC
COMMITTEE; AND, CITY CLERK DIRECTED TO SOLICIT APPLICATIONS
(340.20)
E9. CITY MANAGER AND CITY ATTORNEY TO EXECUTE THE JOINT DEFENSE
AGREEMENT WITH MISSION COMMERCIAL PROPERTIES, INC., IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, IN CONNECTION WITH
THE CITY'S APPROVAL OF THE FINAL CONSTRUCTION PLANS FOR A
HOTEL AND RELATED USES, FOR PROPERTY LOCATED AT 26871 AND
26891 ORTEGA HIGHWAY (APN NOS. 124-170-12, -14, -15, AND -16) (PLAZA
BANDERAS HOTEL) (600.30)
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E10. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH LSA FOR THE PREPARATION OF AN INITIAL STUDY (IS)
AND SUBSEQUENT ENVIRONMENTAL DOCUMENTS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (FOR A PROPOSED
132 -UNIT RESIDENTIAL DEVELOPMENT KNOWN AS THE "TIRADOR
RESIDENTIAL PROJECT," AT A COST NOT -TO -EXCEED $228,645 TO BE
FUNDED BY THE APPLICANT (600.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Reeve, Maryott and Mayor Farias
NOES: COUNCIL MEMBER: Patterson
ABSENT: COUNCIL MEMBER: None
E11. CITY MANAGER AUTHORIZED TO EXECUTE AN AGREEMENT WITH
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI) FOR
GEOGRAFIC INFORMATION SYSTEMS ENTERPRISE LINCENSE, IN AN
AMOUNT NOT TO EXCEED $25,000 ANNUALLY, FOR A THREE-YEAR TERM;
AND, PROCUREMENT FOUND EXEMPT FROM THE REQUEST
FOR PROPOSAL PROCESS AS PROVIDED BY SECTION VII F(6 -C) OF
CITY COUNCIL POLICY NO. 126 (600.30)
E12. CITY MANAGER TO EXECUTE AGREEMENTS WITH AT&T FOR
INSTALLATION OF FIBER OPTICS AND SERVICES AT CITY HALL AND THE
COMMUNITY CENTER TO IMPROVE INTERNET CONNECTIVITY AND
RELIABILITY FOR A THREE-YEAR TERM; AND, PROCUREMENT FOUND
EXEMPT FROM THE REQUEST FOR PROPOSAL PROCESS AS PROVIDED
BY SECTION VII F(6 -C) OF CITY COUNCIL POLICY NO. 126 (600.30)
E13. ALL BIDS RECEIVED ON AUGUST 21, 2018, REJECTED FOR
CONSTRUCTION OF THE NORTHWEST OPEN SPACE COMMUNITY PARK
PROJECT (CIP 09209); STAFF DIRECTED TO RELEASE THE
CONTRACTORS' BID BONDS RECEIVED FOR THE PROJECT; AND, STAFF
DIRECTED TO WORK WITH PROJECT STAKEHOLDERS TO REEVALUATE
THE PROJECT SCOPE OF WORK TO DETERMINE WHETHER SOME
ELEMENTS OF THE PROJECT CAN BE MODIFIED OR ELIMINATED TO
REDUCE COSTS (600.30)
Tom Toman, Assistant Public Works Director, provided a PowerPoint
Presentation and responded to questions.
• Public Comments: Rhen Kohan, City resident; Patricia Martz, Putuidem
Committee.
Council Member Ferguson made a motion, seconded by Council Member
Patterson that the Putuidem Committee look not only at possible modifications to
` the overall plans, but also look at the possibility of other funding, such as grants,
but the motion failed due to approved substitute motion.
3 10/2/2018
Substitute Council Action: Moved by Mayor Pro Tem Maryott, seconded by Mayor
Farias, and carried 4-1 with Council Member Patterson abstained to reject all bids
received on August 21, 2018, for construction of the Northwest Open Space
Community Park Project (CIP 09209); direct staff to release the contractors' bid
bonds received for the Project; and, direct staff to work with Project stakeholders to
reevaluate the Project scope of work to determine whether some elements of the
Project can be modified or eliminated to reduce costs.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Reeve, Maryott and Mayor Farias
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Patterson
ADMINISTRATIVE ITEMS:
F1. PUBLIC WORKS
a. FISCAL YEAR 2018-2019 CAPITAL IMPROVEMENT PROGRAM AMENDED
TO INCLUDE THE DEL OBISPO/ORTEGA HIGHWAY PUBLIC PARKING LOT
PROJECT TO CONSTRUCT A PUBLIC PARKING LOT ON CITY PROPERTY
AT THE SOUTHWEST CORNER OF DEL OBISPO STREET AND
ORTEGA HIGHWAY; $175,000 APPROPRIATED FROM THE SYSTEMS
DEVELOPMENT TAX FUND TO FUND THE PROJECT; PROJECT
DETERMINED TO BE CATEGORICALLY EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT GUIDELINES SECTIONS 15301 (EXISTING
FACILITIES), 15303 (CONSTRUCTION OR CONVERSION OF SMALL
STRUCTURES), AND 15311 (ACCESSORY STRUCTURES); AND, STAFF
DIRECTED TO PREPARE PLANS AND SPECIFICATIONS FOR THE PROJECT
AND ADVERTISE THE PROJECT FOR CONSTRUCTION BIDS (330.401570.70)
Joe Parco, City Engineer, 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.
Council Action: Moved by Mayor Farias, seconded by
Council Member Maryott, and carried unanimously to amend the Fiscal Year
2018-2019 Capital Improvement Program to include the Del Obispo/Ortega
Highway Public Parking Lot Project to construct a public parking lot on City
property at the southwest corner of Del Obispo Street and Ortega Highway;
appropriate $175,000 from the Systems Development Tax Fund to fund the
Project; determine that the Project is categorically exempt under the California
Environmental Quality Act Guidelines Sections 15301 (Existing Facilities), 15303
(Construction or Conversion of Small Structures), and 15311 (Accessory
Structures); and, direct staff to prepare plans and specifications for the Project
and advertise the Project for construction bids.
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F2. CITY ATTORNEY
a. PROPOSED ORDINANCE FOUND EXEMPT FROM REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
STATE CEQA GUIDELINES, SECTIONS 15061(B)(3) AND 15301; AND,
INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED
ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, AMENDING THE DEFINITION OF "SMOKING," FOR
PURPOSES OF SAN JUAN CAPISTRANO MUNICIPAL CODE TITLE 5, PUBLIC
WELFARE, CHAPTER 20, SMOKING IN PUBLIC PLACES, TO INCLUDE
SMOKING DEVICES" (585.20)
Jeffrey Ballinger, City Attorney, provided an agenda report.
Public Comments: Devon Costello, City resident.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor Pro Tem Maryott, seconded by
Council Member Patterson, and carried 4-1 with Council Member Reeve opposed
to find that the proposed ordinance is exempt from review under the California
Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines, sections
15061(b)(3) and 15301; and, 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 THE DEFINITION OF
"SMOKING' FOR PURPOSES OF SAN JUAN CAPISTRANO MUNICIPAL CODE
TITLE 5, PUBLIC WELFARE, CHAPTER 20, SMOKING IN PUBLIC PLACES, TO
INCLUDE SMOKING DEVICES."
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Patterson, Maryott and Mayor Farias
NOES: COUNCIL MEMBER: Reeve
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)
5 10/2/2018
COUNCIL ACTION ITEMS:
11. FINAL VOTE APPROVED TO BE REPORTED OUT FOR THE FINAL VOTE
TAKEN AT THE CITY COUNCIL CLOSED SESSION MEETING OF
AUGUST 21, 2018, REGARDING THE ORANGE COUNTY COASTKEEPER VS.
CITY OF SAN JUAN CAPISTRANO, AND BLENHEIM FACILITY
MANAGEMENT, LLC LAWSUIT (610.90)
Mayor Farias provided a report.
• Public Comments: Monique Rea, City resident; and, Steve Behmerwohld,
City resident.
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 approve waiving confidentiality of the
substance/terms of the motions made and the votes taken at the closed session
City Council meeting of August 21, 2018, regarding the Orange County
Coastkeeper vs. City of San Juan Capistrano, and Blenheim Facility
Management, LLC lawsuit.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve and Mayor Farias
NOES: COUNCIL MEMBER: Ferguson, Patterson and Mayor Pro Tem Maryott
ABSENT: COUNCIL MEMBER: None
i
Council Action: Moved by Council Member Reeve, seconded by Mayor Farias,
and carried unanimously to report the final vote taken at the City Council Closed
Session Meeting of August 21, 2018, regarding the Orange County Coastkeeper
vs. City of San Juan Capistrano, and Blenheim Facility Management, LLC lawsuit.
Jeffrey Ballinger, City Attorney, reported out the final vote taken at the
August 21, 2018, Closed Session Meeting pertaining to the Orange County
Coastkeeper vs. City of San Juan Capistrano, and Blenheim Facility
Management, LLC lawsuit: 3-2, with Council Member Reeve and Mayor Pro Tem
Maryott opposed.
12. CITY COUNCIL POLICY 130 — RULES OF ORDER AMENDED TO INCLUDE
"CITY MANAGER REPORT" AFTER "CITY COUNCIL REPORTS" ON
CITY COUNCIL MEETING AGENDAS (610.30)
Mayor Farias provided a report.
• Public Comments: John Bernie, City business owner.
Council Action: Moved by Mayor Pro Tem Maryott, seconded by
Council Member Ferguson, and carried unanimously to amend City Council Policy j�
130 — Rules of Order to include "City Manager Report" after "City Council Reports" l 7
on City Council meeting agendas.
6 10/2/2018
13. BAN SALE OF FLAVORED TOBACCO PRODUCTS (585.20) — NO FORMAL
ACTION TAKEN
Council Member Ferguson provided a report.
Public Comments: Fidel Ghanem, City business owner; and,
Devon Costello, City resident.
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 meeting hosted by
Senator Pat Bates and California Highway Patrol to provide training and updates
on driving to seniors; and, shared his experience of accompanying a 92 year old
World War II Veteran on a flight to Washington D.C., and encouraged
World War II Veterans or Korean War Veterans who have not had the opportunity
to visit the Memorial at Washington D.C. to contact their local Honor Flight
Chapter.
• Council Member Ferguson reported on the following: attended the Summer Nites
Concert; Employee Appreciation Luncheon; and Coffee Chat.
ADJOURNMENT:
being no further business Mayor Farias adjourned the meeting at 7:23 p.m. to
ay, October 16, 2018, at 4:00 p.m. for Closed Session, and 5:00 p.m. forthe public
�S4 Session, in the City Council Chamber.
submitted,
Approved: October 16, 2018
ATTEST
SERGI FARIAS,MAYOR
10/2/2018