19-0219_CC_Minutes_Regular MeetingMINUTES
February 19, 2019
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Maryott called the Regular Meeting of February 19, 2019, of the
City Council of the City of San Juan Capistrano to order at 5:17 p.m., in the
City Council Chamber. Mayor Pro Tem Bourne led the Pledge of Allegiance and
Mayor Maryott gave the invocation. Mayor Maryott asked for a moment of silence in
Memory of former Mayor and Council Member Dr. Roy L. Byrnes.
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.
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: Matt Gaffney, Planning Commission; Tom Perrin, Parks,
Recreation, Youth and Senior Services, Trails and Equestrian Commission;
Ray Miller, Utilities Commission; Gerald Muir, Parks, Recreation, Youth and
Senior Services, Trails and Equestrian Commission and Youth Advisory Board;
and, Salvador Amezcua, Esmeralda Chavez, Masen Karsten, Brenda Galvan,
Marina Esquivel, Youth Advisory Board.
ORAL COMMUNICATIONS:
• Public Comments: Debbie Bell, City of Laguna Niguel (provided handouts);
Esmeralda Chavez, Youth Advisory Board; Lisa Hosinski, Citizens for No Plane
Noise; David Weaver, City resident; Robert McDonald, City resident (provided
handouts); Ken O'Leary, Citizens for No Plane Noise (provided handouts); and
Lisa Fiorelli, Laguna Niguel resident.
PUBLIC HEARINGS:
D1. RESOLUTION NO. 19-02-19-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVAL OF A
FLOODPLAIN LAND USE PERMIT ASSOCIATED WITH THE RELOCATION
AND RECONFIGURATION OF AN EXISTING DRIVING RANGE AND HOLES,
NEW PARKING LOT, NEW ANCILLARY STRUCTURE AND LANDSCAPING,
GRADING, A NEW 50 TO 80 FOOT TALL SAFETY FENCE, A NEW
MONUMENT SIGN, AT 32120 SAN JUAN CREEK ROAD (APN 666-011-027)
(APPLICANT: ROBERT HARDING)" (550.10)
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• Public Correspondence: John Perry, San Juan Hills East Block VII
Homeowners Association; and, David Faultersack, City resident.
Art Bashmakian, Contract Planner, provided a PowerPoint presentation and
responded to questions.
Mayor Maryott opened the public hearing and invited public testimony.
• Public Testimony: Lawrence Oien, City resident; David Faultersack,
City resident; and, Terry McDonald, City resident.
Mayor Maryott closed the public hearing.
Council Action: Moved by Mayor Maryott, seconded by Mayor Pro Tem Bourne,
and carried unanimously to adopt RESOLUTION NO. 19-02-19-01 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING A CATEGORICAL EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVAL
OF A FLOODPLAIN LAND USE PERMIT ASSOCIATED WITH THE
RELOCATION AND RECONFIGURATION OF AN EXISTING DRIVING RANGE
AND HOLES, NEW PARKING LOT, NEW ANCILLARY STRUCTURE AND
LANDSCAPING, GRADING, A NEW 50 TO 80 FOOT TALL SAFETY FENCE, A
NEW MONUMENT SIGN, AT 32120 SAN JUAN CREEK ROAD (APN 666-011-
027) (APPLICANT: ROBERT HARDING)".
D2. FIRST READING AND INTRODUCTION OF AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION
AND APPROVING A REQUEST TO AMEND THE ORTEGA PLANNED
COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 78-01, SECTOR A-2,
SUBSECTOR 1, TO PERMIT BANQUET FACILITIES WITH LIVE
ENTERTAINMENT WITH APPROVAL OF A CONDITIONAL USE PERMIT AT
31654, 31738, 31742, AND 31748 RANCHO VIEJO ROAD (APN 666-261-
06/07/0809 AND PORTIONS OF 666-261-13/14) (APPLICANT: BAD TO THE
BONE C/O PRS GROUP)" (420.40)
Laura Stokes, provided a PowerPoint presentation and responded to questions.
Mayor Maryott opened the public hearing and invited public testimony.
• Public Testimony: Phillip Schwartze, representing the Applicant.
Mayor Maryott closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
2 2/19/2019
Council Action: Moved by Council Member Farias, seconded by Mayor Maryott,
and carried unanimously to approve the first reading and introduction of an
ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND APPROVING A REQUEST TO AMEND THE ORTEGA
PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 78-01,
SECTOR A-2, SUBSECTOR 1, TO PERMIT BANQUET FACILITIES WITH LIVE
ENTERTAINMENT WITH APPROVAL OF A CONDITIONAL USE PERMIT AT
31654, 31738, 31742, AND 31748 RANCHO VIEJO ROAD (APN 666-261-
06/07/0809 AND PORTIONS OF 666-261-13/14) (APPLICANT: BAD TO THE
BONE C/O PRS GROUP)."
CONSENT CALENDAR:
Council Action: Moved by Council Member Farias, seconded by Mayor Pro Tem Bourne,
and carried unanimously to approve consent calendar items E1 through E10, as
recommended by staff.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF FEBRUARY 5, 2019
(CLOSED SESSION), APPROVED
E3. CITY COUNCIL MINUTES — REGULAR MEETING OF FEBRUARY 5, 2019,
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM JANUARY 18, 2019, TO
JANUARY 31, 2019, RECEIVED AND FILED (330.30)
E5. FISCAL YEAR 2018-19 SECOND QUARTER FINANCIAL REPORT, RECEIVED
AND FILED; AND, PROPOSED ADJUSTMENTS (AS PRESENTED IN
ATTACHMENT 5) TO THE CITY'S OPERATING AND CAPITAL IMPROVEMENT
PROGRAM BUDGETS, APPROVED (330.20)
E6. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
E7. CITY MANAGER AUTHORIZED TO EXECUTE A MAINTENANCE SERVICES
AGREEMENT WITH GREEK CONCRETE, INC., TO PROVIDE CONCRETE
INFRASTRUCTURE, SIDEWALK, AND CURB AND GUTTER MAINTENANCE
AND REPAIR SERVICES FOR A THREE-YEAR AGREEMENT
PERIOD COMMENCING ON FEBRUARY 19, 20191 AND ENDING ON
FEBRUARY 19, 2022, FOR AN ANNUAL AMOUNT NOT -TO -EXCEED THE
AMOUNT OF AVAILABLE FUNDING IN THE ANNUAL OPERATIONS AND
CAPITAL IMPROVEMENT BUDGETS (600.30)
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E8. RESOLUTION NO. 19-02-19-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DELEGATING AUTHORITY FOR THE ACCEPTANCE OF
PUBLIC WORKS, OR TO DETERMINE THERE HAS BEEN A CESSATION OF
WORK ON A PUBLIC WORKS PROJECT, TO THE CITY MANAGER OR HIS
OR HER DESIGNEE TO ACT AS AGENT FOR THE CITY; AND TO AUTHORIZE
THE CITY CLERK TO FILE THE NOTICE OF COMPLETION OR NOTICE OF
CESSATION WITH THE COUNTY CLERK -RECORDER" (850.10)
E9. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH ECONOMICS, INC.
TO PROVIDE AB 1826 IMPLEMENTATION ASSISTANCE THROUGH
JUNE 30, 2020, FOR AN ADDITIONAL $25,000 RESULTING IN THE TOTAL
AGREEMENT AMOUNT NOT TO EXCEED $75,000; AND, CITY MANAGER
AUTHORIZED TO APPROVE AN OPTIONAL AMENDMENT TO THE
AGREEMENT EXTENDING THE TERM OF THE AGREEMENT THROUGH
JUNE 30, 2021, FOR AN ADDITIONAL $25,000 RESULTING IN THE TOTAL
AGREEMENT AMOUNT NOT TO EXCEED $100,000 (600.30)
E10. RESOLUTION NO. 19-02-19-03 ADOPTED ENTITLED "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING ISSUANCE A LETTER OF PUBLIC
CONVENIENCE OR NECESSITY (PCN) TO THE CALIFORNIA DEPARTMENT
OF ALCOHOLIC BEVERAGE CONTROL (ABC) FOR THE ISSUANCE OF A
TYPE 20 LICENSE FOR THE PREMISES AT 26571 JUNIPERO SERRA ROAD.
(ASSESSOR PARCEL NUMBER 649-361-04) (APPLICANT: BILL STEWART);"
AND, CITY MANAGER AUTHORIZED TO EXECUTE A LETTER TO THE 1
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL REGARDING THE
CITY COUNCIL'S FINDING (585.15)
ADMINISTRATIVE ITEMS:
F1. CITY MANAGER
a. CITY MANAGER AUTHORIZED TO BEGIN EXCLUSIVE NEGOTIATIONS WITH
SANTA MARGARITA WATER DISTRICT REGARDING THE TERMS AND
CONDITIONS FOR THE PROPOSED TRANSFER (OF THE CITY'S WATER
AND SEWER UTILITY SYSTEM), AND REQUIRE STAFF TO ROUTINELY
UPDATE THE CITY COUNCIL IN CLOSED SESSION REGARDING THE
PROGRESS OF NEGOTIATIONS (1050.10)
• Public Correspondence: Joone Lopez, Moulton Niguel Water District;
Roger E. Butow, Clean Water Now (3 correspondences); Jack Chestek,
City resident; Roberto Brutocao, San Juan Hills Golf Club; Jonathan
Volzke, City resident; Larry Kramer, City resident; Ann Ronan,
City resident; Mary Crawford, City resident; Maureen Gebelein,
City resident; and, PJ Bollinger, no place of residence provided.
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Benjamin Siegel, City Manager, provided a brief summary presentation.
Joone Lopez, General Manager, Moulton Niguel Water District, provided a
PowerPoint presentation; Rick Shintaku, General Manager, South Coast Water
District provided apresentation; and Dan FeronsGeneral Manager,
,
Santa Margarita Water District, provided a PowerPoint presentation.
• Public Comments: Pete "PJ" Bollinger, no place of residence provided;
Ray Miller, City resident; Matt Gaffney, City resident; Eric Jessen, Laguna
Beach resident; Trish Volzke, City resident; Howard Hart, City resident;
Robert Bruch, City resident; Megan Yoo Schneider, City resident;
Mary Ann Davidson, City resident; Richard Gardner, Capistrano Beach
resident; Anna Dickinson, City resident; Roger Butow, Clean Water Now;
and, Gary Gazar, City resident.
Mayor Maryott made a substitute motion to authorize the City Manager to move
forward with negotiations with Santa Margarita Water District (regarding the terms
and conditions for the proposed transfer of the City's Water and Sewer Utility
System), and keep the City Council updated every two weeks in Closed Session
as to the process as well as the Mayoral Subcommittee Members and other
professionals as the City Council see fit in consultation with the Mayoral
Subcommittee, but motion failed due to approved original motion.
Council Action: Moved by Council Member Reeve, seconded by Council Member
Farias, and carried unanimously to authorize the City Manager to begin exclusive
negotiations with Santa Margarita Water District (regarding the terms and
`J conditions for the proposed transfer of the City's Water and Sewer Utility System),
and require staff to routinely update the City Council in Closed Session regarding
the progress of negotiations.
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS:
H1. STAFF DIRECTED TO TAKE THE NECESSARY PROCEDURAL STEPS
TO LIMIT THE SCOPE OF DEVELOPMENT APPLICATIONS FOR
CONSIDERATION BY THE DESIGN REVIEW COMMITTEE (DRC), AND
REQUIRE THAT AN APPLICANT APPEAR BEFORE THE DRC ON ONE
OCCASION ONLY, UNLESS DIRECTED OTHERWISE BY THE CITY COUNCIL
OR UPON REQUEST FOR ADDITIONAL REVIEW BY THE APPLICANT
(110.10)
Council Member Reeve, provided a report and responded to questions. Benjamin
Siegel, City Manager provided comments.
• Public Comments: Robert Bruch, City resident; and, Steve Behmerwohld,
City resident.
5 2/19/2019
Council Action: Moved by Council Member Farias, seconded by Council Member
Taylor, and carried unanimously to direct staff to take the necessary procedural
steps to limit the scope of development applications for consideration by the
Design Review Committee (DRC), and require that an applicant appear before
the DRC on one occasion only, unless directed otherwise by the City Council or
upon request for additional review by the applicant.
H2. COUNCIL MEMBER TAYLOR'S APPLICATION TO SERVE AS THE CITY'S
REPRESENTATIVE TO THE SAN ONOFRE NUCLEAR GENERATING
STATION (SONGS) SPENT FUEL TASK FORCE, CONVENED BY
CONGRESSMAN MIKE LEVIN, SUPPORTED (610.60)
Council Member Taylor provided a report.
Council Action: Moved by Council Member Farias, seconded by
Council Member Reeve, and carried unanimously to support Council Member
Taylor's application to serve as the City's representative to the San Onofre Nuclear
Generating Station (SONGS) Spent Fuel Task Force, convened by Congressman
Mike Levin.
CITY COUNCIL REPORTS
• Mayor Pro Tem Bourne reported on the following: attending the Finance
Subcommittee Meeting of the South Orange County Wastewater Authority
(SOCWA).
• Council Member Farias clarified the reason for providing the second to —
Council Member's Reeve's motion on item Fla on the agenda (selection of
special district regarding the potential transfer of the City's water and sewer
utility system).
CITY MANAGER REPORT: None.
ADJOURNMENT:
There being no further business Mayor Maryott adjourned the meeting at 7:54 p.m. to
Tue'sda) ,arch 5, 2019, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public
Business , ession, in the City Council Chamber.
Respec u ly submitted,
MARWMORRIS, CITY CK
Approved: March 5, 2019
ATTEST:
BRIAN L. MARYOTT, MAYOR
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