19-0416_CC_Minutes_Regular MeetingMINUTES
April 16, 2019
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Maryott called the Regular Meeting
City Council of the City of San Juan Capistrano
City Council Chamber. Council Member Farias led
Council Member Taylor gave the invocation.
ROLL CALL:
of April 16, 2019, of the
to order at 5:25 p.m., in the
the Pledge of Allegiance and
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: Tom Perrin, Ron Denman, Stephanie Heredia, Parks,
Recreation, Youth and Senior Services, Trails and Equestrian Commission;
Gabriella Zuniga, Youth Advisory Board; Jack Hunt, Utilities Commission; and,
u
Howard Hart, Planning Commission.
ORAL COMMUNICATIONS:
• Public Comments: Gerry Gamble, City resident; Tom Hribar, City resident;
Michael Forster, City resident; Mary Gage Gillette, City resident; Jill Hanna,
City resident; Gabriella Zuniga, Youth Advisory Board; and, Kerry Ferguson,
City resident.
PUBLIC HEARINGS: None.
CONSENT CALENDAR:
Council Action: Moved by Mayor Maryott, seconded by Council Member Farias, and
carried unanimously to approve consent calendar items E1 through E10, E13, E14 and
Els, as recommended by staff.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF APRIL 2, 2019
(CLOSED SESSION), APPROVED
E3. CITY COUNCIL MINUTES — REGULAR MEETING OF APRIL 2, 20191
APPROVED
1 4/16/2019
E4. CHECK REGISTERS FOR THE PERIOD FROM MARCH 15, 2019, TO
MARCH 28, 2019, RECEIVED AND FILED (330.30)
E5. ANNUAL FINANCIAL REPORT REGARDING USE OF MEASURE Y OPEN
SPACE BONDS, RECEIVED AND FILED (390.80)
E6. RICHARD HILDE APPIOINTED TO THE UTILITIES COMMISSION FOR A TWO-
YEAR TERM, ENDING MARCH 21, 2021 (110.20)
E7. GEOFFRY SUMICH APPPOINTED AS THE AT -LARGE MEMBER, AND
GERALD MUIR APPOINTED AS THE AT -LARGE ALTERNATE TO SERVE ON
THE DESIGN REVIEW COMMITTEE FOR A TWO-YEAR TERM, ENDING
MARCH 31, 2021 (110.20)
E8. ORDINANCE 1065 ADOPTED ENTITLED "AN ORDINANCE OF THE
CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
CODE AMENDMENT 18-006 TO AMEND SAN JUAN CAPISTRANO
MUNICIPAL CODE, TITLE 9, LAND USE, TO UPDATE SECTION 9-3.543,
SIGNS, AND APPENDIX A, DEFINITIONS" (410.40)
E9. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
E10. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 5 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER
INTERNATIONAL, INC., FOR PLANNING AND DEVELOPMENT PROCESSING
SERVICES, EXTENDING THE TERM TO JUNE 30, 2021, AND INCREASING
THE NOT -TO -EXCEED COMPENSATION AMOUNT TO $7809000 (600.30)
E11. EVALUATION OF ORANGE COUNTY SHERIFF'S DEPARTMENT (OCSD)
CONTRACT LAW ENFORCEMENT SERVICES — FINAL CONSULTANT
REPORT (600.50/580.60) — CONTINUED TO MAY 79 2019, MEETING
Council Action: Moved by Council Member Reeve, seconded by Mayor Pro Tem
Bourne, and carried unanimously to continue to the May 7, 2019, meeting.
E12. CITY MANAGER DIRECTED TO CONDUCT A SURPLUS ASSET SALE OF THE
SALVAGED STREET SIGNS BY CONDUCTING A SILENT AUCTION; AND,
PROCEEDS OF SALE APPROPRIATED TOWARD THE PROGRAMS AND
ACTIVITIES OF THE YOUTH ADVISORY BOARD (370.10)
Dori Budde, Community Services Director, provided an agenda report and
responded to questions. Benjamin Siegel, City Manager, responded to questions.
• Public Comments: Steve Behmerwohld, City resident.
2 4/16/2019
Council Action: Moved by Council Member Farias, seconded by Council Member
Reeve, and carried unanimously to direct the City Manager to conduct a surplus
asset sale of the salvaged street signs by conducting a silent auction; and,
appropriate the proceeds of sale toward the programs and activities of the
Youth Advisory Board.
E13. RESOLUTION NO. 19-04-16-01 ADOPTED ENTITLED "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING PROCEEDINGS TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 2019-2020 WITHIN EXISTING
LANDSCAPE MAINTENANCE DISTRICTS PURSUANT TO THE LANDSCAPING
AND LIGHTING MAINTENANCE ACT OF 1972, AND OPEN SPACE
MAINTENANCE DISTRICTS UNDER THE OPEN SPACE MAINTENANCE ACT,
APPOINTING THE ENGINEER OF WORK, AND ORDERING THE
PREPARATION OF THE ENGINEER'S REPORT; AND, RESOLUTION NO.
19-04-16-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, APPROVING THE ENGINEER'S
REPORT AND DECLARING ITS INTENTION TO LEVY AND COLLECT
ASSESSMENTS WITHIN EXISTING LANDSCAPE MAINTENANCE DISTRICTS
AND OPEN SPACE MAINTENANCE DISTRICTS FOR FISCAL YEAR 2019-2020
PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS
AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND CHAPTER 2.5
OF DIVISION 1 OF TITLE 5 OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA, RESPECTIVELY, SETTING A TIME AND PLACE FOR THE
PUBLIC HEARING THEREON, AND MAKING CERTAIN FINDINGS AND
TAKING OTHER ACTIONS RELATING THERETO" (345.20)
E14. CITY MANAGER AUTHORIZED TO EXECUTE A QUITCLAIM DEED FOR A
SLOPE EASEMENT ACQUIRED FOR THE DEL OBISPO STREET WIDENING
PROJECT (CIP 16102), TO RONALD L. TAYLOR AND CINDY KAE TAYLOR,
CO -TRUSTEES OF THE TAYLOR FAMILY TRUST DATED JANUARY 23, 1998
(670.50)
E15. FORMAL RFP/RFQ BIDDING PROCESS WAIVED FOR THE PROCUREMENT
OF REVERSE OSMOSIS MEMBRANE FILTERS FOR THE GROUNDWATER
RECOVERY PLANT PURSUANT TO MUNICIPAL CODE SECTION 3-4.306
(E)(3); AND, TRANSFER OF $191,555 FROM THE WATER FUND WATER
OPERATIONS BUDGET FOR SALARIES TO THE GROUNDWATER
RECOVERY PLANT BUDGET ITEM FOR MACHINERY REPAIRS,
AUTHORIZED; AND, PURCHASE OF 448 REVERSE OSMOSIS MEMBRANE
FILTERS FROM TORAY MEMBRANE USA, INC. FOR THE TOTAL PRICE OF
$191,555.12, INCLUDING TAXES AND SHIPPING, APPROVED (370.70)
3 4/16/2019
ADMINISTRATIVE ITEMS:
F1. PUBLIC WORKS
a. NORTHWEST OPEN SPACE COMMUNITY PARK PROJECT (PUTUIDEM
CULTURAL VILLAGE - CIP 09209), AND EXCLUSIVE NEGOTIATION �t7
AGREEMENT WITH RED TAIL ACQUISITIONS, LLC. (FOR LIMITED USE OF
THE CITY -OWNED NORTHWEST OPEN SPACE), SUSPENDED, AND BRING
THESE MATTERS BACK TO THE CITY COUNCIL AFTER PUBLIC FORUM(S)
ARE CONDUCTED TO RECEIVE FEEDBACK FROM THE COMMUNITY
REGARDING THE USE ON THE CITY'S NORTHWEST OPEN SPACE (920.10)
• Public Correspondence: Gerry Gamble, City resident; and,
Kerry Ferguson, City resident.
Tom Toman, Assistant Public Works Director, provided a PowerPoint
presentation, and responded to questions.
Mayor Pro Tem Bourne presented a PowerPoint outlining inconsistencies
between the City's General Plan Land Use Element, General Plan Parks and
Recreation Element, Open Space Master Plan, and Open Space Zoning
Regulations, as they relate to and reference the City's Northwest Open Space
area.
• Public Comments: Patricia Martz, California Cultural Resources
Preservation Alliance; Joyce Stanfield Perry, Juaneno Band Mission
Indians; Monique Rea, City resident (presented a PowerPoint Video); and
Kerry Ferguson, City resident.
Council Action: Moved by Mayor Maryott, seconded by Mayor Pro Tem Bourne,
and carried 4-1 with Council Member Reeve opposed to suspend the following:
1) Northwest Open Space Community Park Project (Putuidem Cultural Village -
CIP 09209), and 2) Exclusive Negotiation Agreement with Red Tail Acquisitions,
LLC. (for limited use of the City -owned Northwest Open Space), and bring back
these matters to the City Council after public forum(s) are conducted to receive
feedback from the community regarding the use on the City's Northwest Open
Space.
ROLL CALL:
AYES:
COUNCIL MEMBER: Taylor, Farias, Bourne and Mayor Maryott
NOES:
COUNCIL MEMBER: Reeve
ABSENT:
COUNCIL MEMBER: None
F1 b. FIRST READING AND INTRODUCTION OF AN ORDINANCE APPROVED
ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 11 OF TITLE 8 AND
SECTION 9-1.105 OF TITLE 9 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE REGARDING FLOODPLAIN MANAGEMENT REGULATIONS" (550.50)
4 4/16/2019
Joe Parco, City Engineer, provided a PowerPoint presentation and responded to
questions.
Maria Morris, read the title of the ordinance.
Council Action: Moved by Council Member Reeve, seconded by Council Member
Taylor, 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, AMENDING CHAPTER 11 OF TITLE 8 AND
SECTION 9-1.105 OF TITLE 9 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE REGARDING FLOODPLAIN MANAGEMENT REGULATIONS."
F1c. URGENCY ORDINANCE 1066 ADOPTED ENTITLED "AN URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, TO AMEND THE SAN JUAN CAPISTRANO
MUNICIPAL CODE, TITLE 7, TO ADD A NEW CHAPTER 10, "WIRELESS
FACILITIES IN RIGHTS-OF-WAY;" RESOLUTION NO. 19-04-16-03 ADOPTED
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, (THE "CITY") ESTABLISHING
DESIGN AND DEVELOPMENT STANDARDS FOR WIRELESS FACILITIES IN
THE RIGHT-OF-WAY, AS AUTHORIZED BY TITLE 7, CHAPTER 10, OF THE
MUNICPAL CODE;" AND, STAFF DIRECTED TO DEVELOP A MASTER
LICENSE AGREEMENT AND STANDARD APPLICATION FOR WIRELESS
FACILITY INSTALLATION IN THE RIGHT-OF-WAY (410.50)
• Public Correspondence: Michael van Eckhardt, Cingular Wireless PCS,
LLC d/b/a AT&T Mobility; and, Paul B. Albritton, Mackenzie &Albritton LLP,
representing Verizon Wireless.
Joe Parco, City Engineer, provided a PowerPoint presentation and responded to
questions.
• Public Comments: Saul Panduro, Verizon Wireless.
Maria Morris, read the title of the ordinance.
Council Action: Moved by Mayor Maryott, seconded by Council Member Taylor,
and carried unanimously to adopt URGENCY ORDINANCE 1066 entitled "AN
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, TO AMEND THE SAN JUAN CAPISTRANO
MUNICIPAL CODE, TITLE 7, TO ADD A NEW CHAPTER 10, "WIRELESS
FACILITIES IN RIGHTS-OF-WAY;" adopt RESOLUTION NO. 19-04-16-03
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, (THE "CITY") ESTABLISHING DESIGN AND
DEVELOPMENT STANDARDS FOR WIRELESS FACILITIES IN THE RIGHT-
OF-WAY, AS AUTHORIZED BY TITLE 7, CHAPTER 10, OF THE MUNICIPAL
CODE;" and, direct staff to develop a Master License Agreement and standard
application for wireless facility installation in the right-of-way.
5 4/16/2019
(Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS:
H1. BEGINNING IN FISCAL YEAR 2019-20, ANNUAL GYMNASIUM RENTAL FEES
FOR THE BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY, WAIVED
(390.30)
Council Member Farias provided a report.
Council Action: Moved by Council Member Reeve, seconded by Council Member
Farias, and carried unanimously to beginning in Fiscal Year 2019-20,
approve waiving the annual gymnasium rental fees for the Boys and Girls Clubs
of Capistrano Valley.
CITY COUNCIL REPORTS:
• Mayor Pro Tem Bourne reported on the following: attending a South Orange
County Wastewater Authority (SOCWA) Meeting.
• Mayor Maryott reported on the following: attending a Transportation Corridor
Agencies (TCA) Meeting; and, visiting the owners of Sam's Market & Liquor Store.
CITY MANAGER REPORT:
Benjamin Siegel, City Manager reported on the successful Spring
Eggstravaganza Event, in which the City offered for the first year free trolley
services.
ADJOURNMENT:
being no further business Mayor Maryott adjourned the meeting at 7:54 p.m. to
y, May 7, 2019, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public
ss Session, in the City Council Chamber.
ar i
S, CJTY C
Approved: May 7, 2019
ATTEST:
i
BRIAI ARYOTT, MAYOR
6 4/16/2019