19-0205_CC_Minutes_Regular MeetingMINUTES
February 5, 2019
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
j BUSINESS SESSION:
l�
Mayor Maryott called the Regular Meeting of February 5, 2019, of the
City Council of the City of San Juan Capistrano to order at 5:13 p.m., in the
City Council Chamber. Council Member Taylor led the Pledge of Allegiance and
Mayor Pro Tem Bourne gave the invocation. Mayor Maryott asked for a moment of
silence in memory of World War II and Korean War Veteran Arthur "Art" Richard
Hasselbrink.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Brian L. Maryott, Mayor Pro Tem Troy Bourne,
and Council Members Derek Reeve, John Taylor and Sergio Farias.
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 BOURNE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Joanne Marquez, Housing Advisory Committee; Jack Hunt,
Utilities Commission; Tom Perrin, Parks, Recreation, Youth and Senior Services,
Trails and Equestrian Commission; and, William Bonney, Cultural Heritage
Commission.
B2. LANA VAN SANT RECOGNIZED AS THE ASSOCIATED SENIOR ACTION
PROGRAM (ASAP) VOLUNTEER OF THE YEAR
ORAL COMMUNICATIONS: None.
PUBLIC HEARINGS:
D1. RESOLUTION NO. 19-02-05-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING OF DISCRETIONARY USE PERMIT 17-002 AND
CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION RELATED TO
THE DEMOLITION OF AN EXISTING 4,224 SQ. FT. BUILDING WITH A DRIVE-
THROUGH LANE AND THE CONSTRUCTION OF A NEW 2,905 SQ. FT. WALK-
UP AND DRIVE-THROUGH RESTAURANT BUILDING FOR PROPERTY
LOCATED AT 31872 DEL OBISPO STREET (ASSESSOR PARCEL NUMBER
668-241-20) (APPLICANT: 4G DEVELOPMENT ON BEHALF OF CHICK-FIL-A)"
(460.70)
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• Public Correspondence: Ann Krieger, no place of residence provided;
and, Joanne Marquez, City resident.
Paul M. Garcia, Associate Planner, provided a PowerPoint presentation and
responded to questions. F,
Jennifer Daw, Development Manager, representing Applicant Chick-Fil-A,
provided a presentation (provided handouts).
Mayor Maryott opened the public hearing and invited public testimony.
• Public Testimony: Jim Elder, City resident; David Malt, San Juan
Capistrano Chamber of Commerce; Cody Martin, City resident;
Tina Auclair, City resident (did not wish to speak, but instead register her
position for the record); and, Mark Speros, City resident.
Mayor Maryott closed the public hearing.
Council Action: Moved by Council Member Reeve, seconded by Council Member
Farias, and carried unanimously to adopt RESOLUTION NO. 19-02-05-01
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING OF
DISCRETIONARY USE PERMIT 17-002 AND CONFIRMING ISSUANCE OF A
CATEGORICAL EXEMPTION RELATED TO THE DEMOLITION OF AN
EXISTING 4,224 SQ. FT. BUILDING WITH A DRIVE-THROUGH LANE AND THE
CONSTRUCTION OF A NEW 2,905 SQ. FT. WALK-UP AND DRIVE-THROUGH
RESTAURANT BUILDING FOR PROPERTY LOCATED AT 31872 DEL OBISPO
STREET (ASSESSOR PARCEL NUMBER 668-241-20) (APPLICANT: 4G
DEVELOPMENT ON BEHALF OF CHICK-FIL-A)."
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member Farias,
and carried unanimously to approve consent calendar items E1 through E8, as
recommended by staff, with Mayor Pro Tem Bourne abstained from consent calendar
E2 and E3.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — REGULAR MEETING OF JANUARY 15, 2019
(CLOSED SESSION), APPROVED
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Taylor, Farias and Mayor Maryott
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Mayor Pro Tem Bourne
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E3. CITY COUNCIL MINUTES — REGULAR MEETING OF JANUARY 15, 2019,
APPROVED
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Taylor, Farias and Mayor Maryott
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Mayor Pro Tem Bourne
E4. CHECK REGISTERS FOR THE PERIOD FROM DECEMBER 7, 2018, TO
JANUARY 17, 2019, RECEIVED AND FILED (330.30)
E5. CASH AND INVESTMENT REPORTS FOR MONTHS ENDED
DECEMBER 31, 2018, RECEIVED AND FILED (350.30)
E6. ORDINANCE 1062 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 8, CHAPTER 14 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE REGARDING STORMWATER QUALITY" (1050.80)
E7. CITY MANAGER AUTHORIZED TO EXECUTE A CONSTRUCTION CONTRACT
WITH CHARLES KING COMPANY, INC., FOR THE REPLACEMENT OF WATER
GATE VALVE B15-25, 24,& 23; AND, INSERTION OF ISOLATION VALVE, IN
THE AMOUNT OF $71,400; AND, CITY MANAGER AUTHORIZED TO APPROVE
CONSTRUCTION CHANGE ORDERS UP TO TEN PERCENT OF THE
CONTRACT AMOUNT, FOR A TOTAL COST NOT TO EXCEED $78,540
(1050.80)
E8. CITY MANAGER TO APPROVE A FACILITY USE PERMIT FOR REATA PARK
AND EVENT CENTER FOR MARCH 9, 20191 FOR A "BREW HA HA" EVENT;
AND, TEMPORARY VARIATIONS TO THE PARK RULES AND REGULATIONS
TO ACCOMMODATE THE EVENT, APPROVED (460.70)
E9. RIGHT OF ENTRY PERMIT, SUBSTANTIALLY IN THE FORM ATTACHED
(IN AGENDA REPORT), ALLOWING ADVANCED GROUP TO CONDUCT
HABITAT RESTORATION ACTIVITIES ON 24.6 ACRES OF CITY -OWNED
LAND FOR HABITAT CONSERVATION, APPROVED; DRAFT RESTRICTIVE
COVENANT, SUBSTANTIALLY IN THE FORM ATTACHED (IN AGENDA
REPORT), THAT WILL BE RECORDED ON THE 24.6 ACRES OF CITY -OWNED
LAND, ENSURING THAT SAID LAND WILL BE PRESERVED IN PERPETUITY
AND PREVENTING ANY ACTIVITIES FROM INTERFERING WITH THE
HABITAT RESTORATION SITE, APPROVED; AND, CITY MANAGER
AUTHORIZED TO APPROVE THE FINAL VERSION OF THE RESTRICTIVE
COVENANT IN SUBSTANTIALLY THE SAME FORM AS THE DRAFT
RESTRICTIVE COVENANT; AND, APPROVE A REVENUE ADJUSTMENT IN
THE AMOUNT OF $69,590.45 (600.30)
Joel Rojas, Development Services Director, provided a PowerPoint presentation.
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• Public Comments: John Perry, City resident; and, Mike Recupero,
Advance Real Estate.
Council Action: Moved by Council Member Reeve, seconded by Council Member
Taylor, and carried unanimously to approve a Right of Entry Permit, substantially
in the form attached (in agenda report), allowing Advanced Group to conduct
habitat restoration activities on 24.6 acres of City -owned land for habitat
conservation; approve a Draft Restrictive Covenant, substantially in the form
attached (in agenda report, that will be recorded on the 24.6 acres of City -owned
land, ensuring that said land will be preserved in perpetuity and preventing any
activities from interfering with the habitat restoration site; authorize the
City Manager to approve the final version of the Restrictive Covenant in
substantially the same form as the Draft Restrictive Covenant; and, approve a
revenue adjustment in the amount of $69,590.45.
ADMINISTRATIVE ITEMS:
F1. CITY MANAGER
a. SELECTION OF SPECIAL DISTRICT FOR FURTHER CONSIDERATION AND
NEGOTIATION OF TERMS RELATED TO THE POTENTIAL TRANSFER OF
THE CITY'S WATER AND SEWER UTILITY SYSTEM (1050.10) — CONTINUED
TO FEBRUARY 19, 2019, MEETING
• Public Correspondence: Roger Butow, Clean Water Now; Laura Freese,
City resident; Donald J. White, City of Laguna Hills City Manager; and,
John Gillotti, City business owner.
Ken AI -Imam, Chief Financial Officer, provided a PowerPoint Presentation and
responded to questions. Maria Morris, City Clerk, conducted a random drawing
to set the order of the presentations from the water agencies. Benjamin Siegel,
City Manager, responded to questions.
Brian Probolsky, Board President, and Joone Lopez, General Manager,
Moulton Niguel Water District, provided a PowerPoint presentation; Bill Green,
Board President, and Dennis Erdman, Board Vice -President, South Coast Water
District, provided a PowerPoint presentation; and, Dan Ferons, General Manager,
Santa Margarita Water District, provided a PowerPoint presentation.
• Public Comments: Jeff Singer, City resident; Roger Butow, Clean Water
Now; Eileen Padberg, Laguna Niguel resident; Carl Heft, Laguna Hills
Chamber of Commerce; Greg Watkins, Dana Point resident; Bob Brown,
no place of residence provided; John Perry, City resident (provided
PowerPoint); Ricardo Beas, City business owner; Howard Newman,
City resident; Luis Rodriguez, City resident; Frank Ury, Mission Viejo
resident; Trish Volzke, City resident; Richard Gardner, Capistrano Beach
resident; Megan Yoo Schneider, City resident; Steve Behmerwohld,
City resident; and, Joe Tait, no place of residence provided.
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Council Action: Moved by Council Member Farias, seconded by
Mayor Pro Tem Bourne, and carried unanimously to continue to the
February 19, 2019, meeting.
F2. DEVELOPMENT SERVICES
a. RESOLUTION NO. 19-02-05-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING A GENERAL PLAN AMENDMENT STUDY TO
CHANGE THE LAND USE DESIGNATION FROM INDUSTRIAL PARK TO
PLANNED COMMUNITY TO ALLOW THE DEVELOPMENT OF UP TO 188
RESIDENTIAL UNITS AND 35,000 SQUARE FEET OF OFFICE/RETAIL SPACE
ON A 15.3 ACRE PARCEL AT 30700 RANCH VIEJO ROAD (ASSESSOR
PARCEL NUMBER 650-111-15)"
• Public Correspondence: Richard Bracamonte, Marbella Plaza, LLC;
Scott MacCabe, IBS Holding Corp.; Ann Ronan, City resident;
Gonzalo Covarrubias, Malspina Homeowners Association; Julie Beeman,
VCS Environmental; Donald T. Yasuda, Marbella Farmers Market;
Katherine Holman, Ortega Equestrian Center; Robert C. Dunek, Marbella
Property Owners Association; Bart Moore, City resident; and,
Robert AndersonSchoepe, Fluidmaster, Inc.
Joel Rojas, provided a PowerPoint presentation and responded to questions.
• Public Comments: Robert AndersonSchoepe, Fluidmaster; John Wohlfiel,
Fluidmaster, Inc.; and, Mark Speros, City resident.
Council Action: Moved by Mayor Maryott, seconded by Council Member Taylor,
and carried unanimously to adopt RESOLUTION 19-02-05-02 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING A GENERAL PLAN AMENDMENT
STUDY TO CHANGE THE LAND USE DESIGNATION FROM INDUSTRIAL
PARK TO PLANNED COMMUNITY TO ALLOW THE DEVELOPMENT OF UP
TO 188 RESIDENTIAL UNITS AND 35,000 SQUARE FEET OF OFFICE/RETAIL
SPACE ON A 15.3 ACRE PARCEL AT 30700 RANCH VIEJO ROAD
(ASSESSOR PARCEL NUMBER 650-111-15)."
F3. PUBLIC WORKS
a. RESOLUTION 19-02-05-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE
TEMPORARY PARKING RESTRICTIONS AND STREET CLOSURES
WITHIN THE DOWNTOWN AREA OF THE CITY ON SWALLOWS DAY,
MARCH 23, 2019;" ISSUANCE OF A PARADE PERMIT TO THE SAN JUAN
` CAPISTRANO FIESTA ASSOCIATION PER CITY MUNICIPAL CODE SECTION
u 5-11.05(B), APPROVED; AND MEMORANDUM OF UNDERSTANDING
BETWEEN THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION AND THE
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CITY OF SAN JUAN CAPISTRANO, WHICH RECOGNIZES THE FIESTA
ASSOCIATION AS THE LEAD AGENCY IN PLANNING, COORDINATING, AND
CONDUCTING ALL OFFICIAL EVENTS ASSOCIATED WITH THE 2019 FIESTA
DE LAS GOLONDRINAS CELEBRATION, APPROVED (150.60/820.70/600.30)
Tom Toman, Assistant Public Works Director, provided an agenda report. Pi
Council Action: Moved by Mayor Maryott, seconded by Council Member Farias,
and carried unanimously to adopt RESOLUTION 19-02-05-03 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO IMPLEMENT THE TEMPORARY PARKING RESTRICTIONS
AND STREET CLOSURES WITHIN THE DOWNTOWN AREA OF THE CITY ON
SWALLOWS DAY, MARCH 23, 2019;" approve issuance of a parade permit to
the San Juan Capistrano Fiesta Association per City Municipal Code Section
5-11.05(b); and approve Memorandum of Understanding between the San Juan
Capistrano Fiesta Association and the City of San Juan Capistrano, which
recognizes the Fiesta Association as the lead agency in planning, coordinating,
and conducting all official events associated with the 2019 Fiesta de las
Golondrinas celebration.
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: None.
CITY COUNCIL REPORTS:
• Council Member Taylor announced that the Rotary Club Annual Car Show
may be cancelled due to rain and possibly rescheduled to Saturday,
February 16, 2019.
• Mayor Maryott announced that City Commission/Committee applications are due
on Friday, February 8, 2019, and encouraged those interested in serving to apply.
CITY MANAGER REPORT: None.
ADJOURNMENT:
There being no further business Mayor Maryott adjourned the meeting at 8:45 p.m. to
Tuesday, February 19, 2019, 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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u �s c submitted,
MARTA F40qRIS, CITY LE
Approved: February 19, 2019
ATTEST:
BRIAN L. MARYOTT, MAYOR
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