18-1105_CC_Minutes_Adjourned Regular MeetingMINUTES
November 5, 2018
SAN JUAN CAPISTRANO CITY COUNCIL
ADJOURNED REGULAR MEETING
BUSINESS SESSION:
Mayor Farias called the Adjourned Regular Meeting of November 5, 2018, of the
City Council of the City of San Juan Capistrano to order at 5:18 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. •,
MEETING DEDICATION: Mayor Farias dedicated the meeting in Memory of
Dr. Monte McCanne, longtime resident and business owner.
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: 6.
B1. MAYOR PRO TEM MARYOTT INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Tom Ostensen, Parks, Recreation, Youth and Senior
Services, Trails and Equestrian Commission; Matt Gaffney, Planning
Commission; and, Gerald Muir, Parks, Recreation, Youth and Senior Services,
Trails and Equestrian Commission and Youth Advisory Board.
B2. MS. FERNANDA VILLALBA, MASTER SERGIO CARDENAS, AND
GEORGE AREOLA, PRESENTED WITH THE MAYOR'S VALUE AWARDS
• Public Comments: Dan Almquist, City resident.
B3. FORMER ORANGE COUNTY SHERIFF BRAD GATES, PRESENTED WITH
THE MAYOR'S LIFETIME ACHIEVEMENT AWARD
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ORAL COMMUNICATIONS:
• Public Comments: Matt Gaffney, City resident; Art Hasselbrink, City resident;
and, Mamie Maywhort, City resident.
PUBLIC HEARINGS:
D1. RESOLUTION NO. 18-11-05-01 ADOPTED ENTITLED "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DENYING THE APPEAL OF, AND AFFIRMING THE
DETERMINATION MADE ON SEPTEMBER 25, 2018, REGARDING THE
PLANNING COMMISSION'S APPROVAL OF A MODIFICATION TO THE INN AT
THE MISSION HOTEL SITE PLAN ASSOCIATED WITH ARCHITECTURAL
CONTROL (AC) 18-024: INN AT THE MISSION, FORMERLY PLAZA
BANDERAS HOTEL LOCATED AT 26891 ORTEGA HIGHWAY (ASSESSOR
PARCEL NUMBERS 124-170-12, 14, 15, & 16)(APPLICANT: DAN FRIESS,
MISSION COMMERCIAL PROPERTIES, INC.)" (540.70)
• Public Correspondence: Laura Freese, City resident.
Joel Rojas, Development Services Director, provided a PowerPoint presentation
and responded to questions.
Mayor Farias opened the public hearing and invited public testimony.
• Public Testimony: Dan Friess, Mission Commercial Properties,
representing the Applicant, provided a PowerPoint presentation;
Chuck Krolikowski, Appellant; Jake Griffith, Applicant; Rick Friess,
Applicant's Legal Counsel; David Ewing, City resident; and, Frank Larkin,
City resident. '
Mayor Farias closed the public hearing.
Council Action: Moved by Mayor Pro Tem Maryott, seconded by Council Member
Ferguson, and carried unanimously to adopt RESOLUTION NO. 18-11-05-01
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DENYING THE APPEAL OF, AND AFFIRMING
THE DETERMINATION MADE ON SEPTEMBER 25, 2018, REGARDING THE
PLANNING COMMISSION'S APPROVAL OF A MODIFICATION TO THE INN AT
THE MISSION HOTEL SITE PLAN ASSOCIATED WITH ARCHITECTURAL
CONTROL (AC) 18-024: INN AT THE MISSION, FORMERLY PLAZA
BANDERAS HOTEL LOCATED AT 26891 ORTEGA HIGHWAY (ASSESSOR
PARCEL NUMBERS 124-170-12, 14, 159 & 16)(APPLICANT: DAN FRIESS,
MISSION COMMERCIAL PROPERTIES, INC.)"
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CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Mayor Pro Tem
Maryott, and carried unanimously to approve consent calendar items E1, E2, E31 E5
through E13, E15 and E16, as recommended by staff, withCouncil Member Patterson
opposed to consent calendar E8.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — REGULAR MEETING OF OCTOBER 16, 2018
(CLOSED SESSION), APPROVED
E3. CITY COUNCIL MINUTES — REGULAR MEETING OF OCTOBER 16, 20189
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM SEPTEMBER 28, 2018, TO
OCTOBER 11, 2018, RECEIVED AND FILED (330.30)
Ken AI-Iman, Chief Financial Officer, responded to questions.
Council Action: Moved by Council Member Ferguson, seconded by Mayor Farias,
and carried 4-1 with Council Member Patterson abstained to receive and file the
check registers for the period from September 28, 2018, to October 11, 2018.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Ferguson, Maryott and Mayor Farias
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Patterson
E5. CASH AND INVESTMENT REPORT FOR MONTH ENDED
SEPTEMBER 30, 2018, RECEIVED AND FILED (350.30)
E6. RESOLUTION NO. 18-11-05-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY
OF SAN JUAN CAPISTRANO FOR THE FISCAL YEAR ENDED JUNE 30, 2018"
(820.25)
E7. CITY COUNCIL'S REGULAR MEETING OF TUESDAY, DECEMBER 4, 2018,
CHANGED TO MONDAY, DECEMBER 10, 2018 (610.15)
E8. CITY MANAGER AUTHORIZED TO FINALIZE AND EXECUTE A
COOPERATIVE AGREEMENT NO. C-8-2015 WITH THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR THE ADMINISTRATION OF THE
ORANGE COUNTY TAXI ADMINISTRATION PROGRAM, EFFECTIVE
JANUARY 1, 2019, THROUGH DECEMBER 31, 2020 (600.50)
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ROLL CALL: .,
AYES: COUNCIL MEMBER: Reeve, Ferguson, Maryott and Mayor Farias
NOES: COUNCIL MEMBER: Patterson
ABSENT: COUNCIL MEMBER: None
E9. MAYOR'S SUBCOMMITTEE'S RECOMMENDATION, RECEIVED; AND, ALAN
FENNING APPOINTED TO FILL THE VACANT CITIZENS' BOND OVERSIGHT
AD-HOC COMMITTEE POSITION, WITH TERM ENDING DECEMBER 31, 2019
(110.10)
E10. RESOLUTION NO. 18-11-05-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE DEL OBISPO STREET WIDENING PROJECT
FROM PASEO DE LA PAZ TO CALLE ASPERO, BY PALP, INC. DBA EXCEL
PAVING COMPANY (CIP 16102);" THE CITY CLERK DIRECTED TO PROCESS
RECORDING OF A NOTICE OF COMPLETION FOR THE PROJECT; AND,
STAFF AUTHORIZED TO RELEASE THE PROJECT RETENTION THIRTY-FIVE
DAYS AFTER RECORDATION OF THE NOTICE OF COMPLETION (600.30)
E11. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT FOR HAZARD MITIGATION PLAN WRITING SERVICES WITH
ELLEN LOPEZ & ASSOCIATES, INC., AT A COST NOT -TO -EXCEED $29,500
FUNDED BY THE FEMA HAZARD MITIGATION GRANT PROGRAM (600.30)
E12. RANCHLIFE REQUEST FOR A FACILITY USE PERMIT WITH TEMPORARY
VARIATIONS FROM THE PARK RULES AND REGULATIONS FOR REATA
PARK AND EVENT CENTER, APPROVED (460.70)
E13. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH R3 CONSULTING GROUP, INC. FOR AN AMOUNT NOT
TO EXCEED $69,490, FOR CONSULTING SERVICES ASSOCIATED WITH
NEGOTIATION OF A NEW SOLID WASTE FRANCHISE AGREEMENT; CITY
MANAGER AUTHORIZED TO APPROVE AMENDMENTS TO THE
PROFESSIONAL SERVICES AGREEMENT FOR UP TO $5,000; AND, $25,000
APPROPRIATED FROM THE GENERAL FUND FOR EXPENSES
ASSOCIATED WITH NEGOTIATION OF A NEW SOLID WASTE FRANCHISE
AGREEMENT (600.30)
E14. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH ADAMS STREETER CIVIL ENGINEERS, INC. TO
PERFORM DESIGN SERVICES AND TO PREPARE ENVIRONMENTAL
DOCUMENTS, SPECIFICATIONS, AND COST ESTIMATES FOR THE
VERDUGO STREET BEAUTIFICATION PROJECT FOR AN AMOUNT NOT TO
EXCEED $279,738, WHICH INCLUDES A 10% CONTINGENCY (600.30)
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Joe Parco, City Engineer, provided a PowerPoint Presentation and responded to
questions. Benjamin Siegel, City Manager and Tom Toman, Assistant Public
Works Director, responded to questions.
u Council Action: Moved by Mayor Farias, seconded by Mayor Pro Tem Maryott,
and carried 4-1 with Council Member Patterson opposed to authorize the
City Manager to execute a Professional Services Agreement with Adams Streeter
Civil Engineers, Inc. to perform design services and to prepare environmental
documents, specifications, and cost estimates for the Verdugo Street
Beautification Project for an amount not to exceed $279,738, which includes a
10% contingency.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Ferguson, Maryott and Mayor Farias
NOES: COUNCIL MEMBER: Patterson
ABSENT: COUNCIL MEMBER: None
E15. CITY MANAGER AUTHORIZED TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH GOIN NATIVE THERAPEUTIC GARDENS FOR THE
NON-EXCLUSIVE USE OF LOS RIOS PARK FOR VOLUNTEER
MAINTENANCE AND EDUCATIONAL PROGRAMS (600.30)
E16. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH LSA ASSOCIATES, INC. FOR THE PREPARATION OF AN
INITIAL STUDY (IS) AND SUBSEQUENT ENVIRONMENTAL DOCUMENTS, AS
NECESSARY, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA), AT A COST NOT -TO -EXCEED $221,835, TO BE FUNDED BY
THE APPLICANT (600.30)
ADMINISTRATIVE ITEMS: 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)
COUNCIL ACTION ITEMS:
11. MAYOR PRO TEM MARYOTT'S APPLICATION TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY BOARD OF DIRECTORS, SUPPORTED;
AND MAYOR FARIAS REQUESTED TO VOTE IN FAVOR OF
MAYOR PRO TEM MARYOTT'S APPOINTMENT AT THE NOVEMBER 8, 2018,
CITY SELECTION COMMITTEE MEETING (610.60)
Mayor Pro Tem Maryott, provided a report. 6r
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Council Action: Moved by Council Member Ferguson, seconded by Mayor Pro
Tem Maryott, and carried 3-2 with Council Member Reeve and Mayor Farias
abstained to support Mayor Pro Tem Maryott's application to the Orange County
Transportation Authority Board of Directors, and request that Mayor Farias vote
in favor of Mayor Pro Tem Maryott's appointment at the November 8, 2018,
City Selection Committee meeting.
ROLL CALL:
AYES:
COUNCIL MEMBER: Ferguson, Patterson and Mayor Pro Tem Maryott
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
ABSTAINED:
COUNCIL MEMBER: Reeve and Mayor Farias
CITY COUNCIL REPORTS:
• Council Member Ferguson reported on the following: attending Southern
California Association of Governments (SCAG) Meeting; Chamber of Commerce
Council Candidate Forum; Farewell to Swallows Celebration; Mountain Candy
Factory Ribbon Cutting Ceremony; Skate Park Coalition Halloween Skate Jam
Event; and, Putuidem Committee Meeting.
• Council Member Reeve acknowledged last Council meeting of current Council,
thanked the Council and staff, and wish next Council the best of luck.
• Mayor Pro Tem Maryott commended staff on the thoroughness of the
Hotel Transient Occupancy Tax (TOT) Agreement for the Inn at the Mission Hotel,
and felt hopeful that others will take advantage of the revenue sharing incentive
program.
• Mayor Farias reported on the following: Orange County Fire Authority Meeting;
and, Ribbon Cutting Ceremony of S.T.E.A.M. (Science, Technology, Engineering,
Arts, Math) Mural at Del Obispo Elementary School.
CITY MANAGER REPORT:
• Benjamin Siegel, City Manager, announced the recently launched online
Public Portal through the City's website which allows the public to access
documents such as agreements, resolutions, ordinances, minutes, etc.
ADJOURNMENT:
There being no further business Mayor Farias adjourned the meeting at 7:44 p.m. to
Monday, December 10, 2018, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the
public Business Session, in the City Council Chamber.
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Approved: December 10, 2018
ATTEST:
�RIAN L. MARYOTT, MAYOR
11/5/2018