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19-0521_CC_Minutes_Regular MeetingMINUTES May 21, 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 Mayor Pro Tem Bourne gave the invocation. ROLL CALL: of May 21, 2019, of the to order at 5:18 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 and Sergio Farias. COUNCIL MEMBERS ABSENT: John Taylor. 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: Jack Hunt, Utilities Commission; Ron Denman, Cody Martin, and Stephanie Heredia, Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission; William Bonney, Housing Advisory Committee; Bob Cardoza, Design Review Committee; and, Anna Dickinson, Cultural Heritage Commission. B2. SHALEEN MATHUR RECOGNIZED AS THE BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY — YOUTH OF THE YEAR B3. OUTGOING COMMISSIONERS RHONDA DEHAAN, CULTURAL HERITAGE COMMISSION; MECHELLE LAWRENCE ADAMS, CULTURAL HERITAGE COMMISSION; DONNA FRIESS, CULTURAL HERITAGE COMMISSION; LYNNE ROE, DESIGN REVIEW COMMITTEE; SAMANTHA GRANT, PARKS, RECREATION, YOUTH AND SENIOR SERVICES, TRAILS AND EQUESTRIAN COMMISSION; RONDA MOTTL, PARKS, RECREATION, YOUTH AND SENIOR SERVICES, TRAILS AND EQUESTRIAN COMMISSION; SANDIE WEAVER, PARKS, RECREATION, YOUTH AND SENIOR SERVICES, TRAILS AND EQUESTRIAN COMMISSION; GAIL ZUKOW, PARKS, RECREATION, YOUTH AND SENIOR SERVICES, TRAILS AND EQUESTRIAN COMMISSION; ROBERT STERZENBACH, UTILITIES COMMISSION; JOHN PERRY, UTILITIES COMMISSION; RAYMOND MILLER, UTILITIES COMMISSION; TIM NEELY, PLANNING COMMISSION; ROB WILLIAMS, PLANNING COMMISSION; BARRETT STEELE, PLANNING COMMISSION; MARK SPEROS, PLANNING COMMISSION; MATTHEW GAFFNEY, PLANNING COMMISSION; JERRY MUIR, PARKS, RECREATION, YOUTH AND SENIOR SERVICES, TRAILS AND EQUESTRIAN COMMISSION; 1 05/21/2019 WILLIAM DREWES, HOUSING ADVISORY COMMITTEE; JESS LOPEZ, HOUSING ADVISORY COMMITTEE; WILLIAM BONNEY, CULTURAL HERITAGE COMMISSION; STAN BRADEN, DESIGN REVIEW COMMITTEE; DAVID SOLT, CITIZENS' BOND OVERSIGHT AD-HOC COMMITTEE; AND, ANN RONAN, HOUSING ADVISORY COMMITTEE, RECOGNIZED FOR THEIR YEARS OF DEDICATION TO THE CITY OF SAN JUAN CAPISTRANO 17 ORAL COMMUNICATIONS: • Public Comments: Brady Bradshaw, OCEONA (provided handouts); Ann Ronan, City resident; Robert Bruch, City resident (provided handouts); Cody Martin, City resident; and, Frank Larkin, City resident. PUBLIC HEARINGS: None. CONSENT CALENDAR: Council Action: Moved by Mayor Maryott, seconded by Mayor Pro Tem Bourne, and carried 4-0 with Council Member Taylor absent to approve consent calendar items E1 through E4, and E6 through E18, as recommended by staff. E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF MAY 71 2019 (CLOSED SESSION), APPROVED E3. CITY COUNCIL MINUTES — REGULAR MEETING OF MAY 71 2019, APPROVED E4. CHECK REGISTERS FOR THE PERIOD FROM APRIL 12, 2019, TO APRIL 25, 2018, RECEIVED AND FILED (330.30) E5. FISCAL YEAR 2018-19 THIRD QUARTER FINANCIAL REPORT, RECEIVED AND FILED; AND, PROPOSED ADJUSTMENTS (AS PRESENTED 1N ATTACHMENT 5) TO THE CITY'S OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS, APPROVED (330.20) Ken AI -Imam, Chief Financial Officer, provided an agenda report. Benjamin Siegel, City Manager, responded to questions. • Public Comments: Robert Bruch, City resident. Council Action: Moved by Council Member Farias, seconded by Council Member Reeve, and carried 4-0 with Council Member Taylor absent to receive and file the Fiscal Year 2018-19 Third Quarter Financial Report; and, approve proposed adjustments (as presented in Attachment 5 of the agenda report) to the City's operating and capital improvement program budgets. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Farias, Bourne and Mayor Maryott NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Taylor 2 5/21/2019 E6. MASEN KARSTEN, SADDLEBACK VALLEY CHRISTIAN SCHOOL; SALVADOR AMEZCUA, SAN JUAN HILLS HIGH SCHOOL; DAVID BOGDANOVIC, SAN JUAN HILLS HIGH SCHOOL; ESMERALDA CHAVEZ, SAN JUAN HILLS HIGH SCHOOL; DANIEL FERNANDEZ, SAN JUAN HILLS HIGH SCHOOL; ELLA FRIESS, SAN JUAN HILLS HIGH SCHOOL; KATE FRIESS, SAN JUAN HILLS HIGH SCHOOL; BRENDA GALVAN, SAN JUAN HILLS HIGH SCHOOL; LINDA GALVAN, SAN JUAN HILLS HIGH SCHOOL; GABRIELLA ZUNIGA, SAN JUAN HILLS HIGH SCHOOL; ISABELLA ZUNIGA, SAN JUAN HILLS HIGH SCHOOL; ALEX FOURNIER, ST. MARGARET'S EPISCOPAL SCHOOL, APPOINTED TO SERVED ON THE YOUTH ADVISORY BOARD (YOUTH MEMBERS) EFFECTIVE JUNE 1, 2019, WITH TERMS ENDING MAY 31, 2020; ADULT ADVISOR VACANCY DECLARED, EFFECTIVE JUNE 16, 2019; AND, CITY CLERK DIRECTED TO SOLICIT APPLICATIONS FOR FILL THE VACANCY (110.20) E7. REVISED REGULAR MEETING SCHEDULED REVISED BY CANCELLING THE CITY COUNCIL MEETING OF JUNE 18, 2019, AND REINSTATING THE JULY 2, 2019, MEETING (610.15) E8. ORDINANCE 1068 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING A NEW SECTION 4-2.101 TO CHAPTER 2 OF TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE, REGARDING FIRE PREVENTION" (540.30) E9. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.10) E10. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT (PSA) WITH LSA ASSOCIATES, INC. (LSA), FOR THE PREPARATION OF AN ENVIRONMENTAL DOCUMENT, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AT A COST NOT -TO -EXCEED $250,320, TO BE FUNDED BY THE APPLICANT (600.30) E11. RESOLUTION NO. 19-05-21-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PER WRIT OF MANDATE, REPEALING APPROVAL OF THE ADDENDUM TO THE NOVEMBER 18, 2014, MITIGATED NEGATIVE DECLARATION FOR THE SAN JUAN HOTEL & VILLAS PROJECT, CONDITIONAL USE PERMIT (CUP) 15-012, ARCHITECTURAL CONTROL (AC) 15-026, GRADING PLAN MODIFICATION (GPM) 16-008, AND THE TREE REMOVAL PERMIT, AFFIRMED ON APPEAL BY RESOLUTIONS NOS. 16-09-06-03 THROUGH -07, FOR THE PROPOSED HOTEL CAPISTRANO BY KIMPTON (31872, 31878, AND 31882 CAMINO CAPISTRANO, APNS 124-160-51, -52, AND -37)" (440.25) 3 5/21/2019 E12. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN GUARD SERVICES, INC., FOR CROSSING GUARD SERVICES, EXTENDING THE TERM TO JUNE 30, 2021, AND INCREASING THE NOT -TO -EXCEED AMOUNT OF $367,000 (600.30) E13. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH SECURTEC DISTRICT PATROL, INC. FOR PERMIT PARKING ENFORCEMENT, EXTENDING THE TERM TO JUNE 30, 2021, AND INCREASE THE NOT -TO -EXCEED AMOUNT OF $127,500 (600.30) E14. CITY MANAGER AUTHORIZED TO EXECUTE A FIFTH AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING GROUP, INC. FOR PROFESSIONAL ENGINEERING SERVICES, EXTENDING THE TERM OF THE AGREEMENT FOR TWO YEARS WITH NO INCREASE IN HOURLY RATES (600.30) E15. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WOOD ENVIRONMENT & INFRASTRUCTURE, INC. FOR ENVIRONMENTAL AND STORM WATER QUALITY COMPLIANCE SERVICES, EXTENDING THE TERM OF THE AGREEMENT FOR TWO YEARS (600.30) E16. CITY MANAGER AUTHORIZED TO EXECUTE CHANGE ORDER NO. 2 TO r--, THE CONSTRUCTION CONTRACT WITH SIEMENS INDUSTRY, INC. FOR THE CITYWIDE STREET NAME SIGN REPLACEMENT PROGRAM PROJECT (CIP 11101) FOR AN AMOUNT NOT TO EXCEED $34,650 (600.30) E17. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO.16802 (PFW PARTNERS LLC), AND; STAFF AUTHORIZED TO RELEASE SECURITIES IN THE FORM OF CERTIFICATES OF DEPOSIT POSTED BY GHB DON JUAN VILLAS (600.30) E18. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH R3 CONSULTING GROUP, INC., FOR A TOTAL AGREEMENT AMOUNT NOT TQ EXCEED $104,385, FOR CONSULTING SERVICES RELATED TO THE SOLID WASTE FRANCHISE AGREEMENT; AND, $29,385 APPROPRIATION FROM THE GENERAL FUND FOR ADDITIONAL EXPENSES ASSOCIATED WITH A LIMITED REQUEST FOR INFORMATION PROCESS IN PREPARATION OF A NEW SOLID WASTE FRANCHISE AGREEMENT, APPROVED (600.30) 4 5/21/2019 ADMINISTRATIVE ITEMS: F1. PUBLIC WORKS a. RESOLUTION NO. 19-05-21-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION 12-05-01-02 AND APPROVING THE SCHEDULE OF FEES AND CHARGES;" CITY MANAGER AUTHORIZED TO EXTEND THE HOURS OF PARKING METER ENFORCEMENT IN THE FRANCISCAN PLAZA PARKING STRUCTURE FROM 6:00 P.M. TO 9:00 P.M.; CITY MANAGER AUTHORIZED TO PURCHASE A NEW AUTOMATED PAY STATION TO BE INSTALLED ON THE SECOND LEVEL OF THE FRANCISCAN PLAZA PARKING STRUCTURE WITH FUNDS CURRENTLY BUDGETED IN THE FISCAL YEAR 2018-2019 AND 2019-2020 OPERATING BUDGET; AND, CITY MANAGER DIRECTED TO REPORT BACK TO THE CITY COUNCIL IN FALL 2019 WITH AN ANALYSIS OF THE SUMMER 2019 FRANCISCAN PLAZA PARKING STRUCTURE METER RATE INCREASE PILOT PROGRAM (390.10) • Public Correspondence: David Malt, Chamber of Commerce. Tom Toman, Assistant Public Works Director, provided a PowerPoint Presentation and responded to questions. • Public Comments: Robert Bruch, City resident; Carla Sedano, City resident (did not wish to speak, but instead wished to register her position for the record); Ann Ronan, City resident; Frank Larkin, City resident; and, Steve Behmerwohld, City resident. Council Action: Moved by Council Member Farias, seconded by Mayor Pro Tem Bourne, and carried 3-1-0 with Council Member Reeve opposed and Council Member Taylor absent to adopt RESOLUTION NO. 19-05-21-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION 12-05-01-02 AND APPROVING THE SCHEDULE OF FEES AND CHARGES;" authorize the City Manager to extend the hours of parking meter enforcement in the Franciscan Plaza parking structure from 6:00 p.m. to 9:00 p.m.; authorize the City Manager to purchase a new automated pay station to be installed on the second level of the Franciscan Plaza parking structure with funds currently budgeted in the Fiscal Year 2018-2019 and 2019-2020 Operating Budget; and, direct the City Manager to report back to the City Council in fall 2019 with an analysis of the summer 2019 Franciscan Plaza parking structure meter rate increase pilot program. ROLL CALL: AYES: COUNCIL MEMBER: Farias, Bourne and Mayor Maryott NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: Taylor 5 5/21/2019 F1 b. INTRODUCTION AND FIRST READING OF AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5 OF TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO TAXICAB REGULATIONS," APPROVED; AND, RESOLUTION NO. 19-05-21-03 71 ADOPTED ENTITLED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING REVISED ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS AND RELATED FEE AND FINE STRUCTURES" (940.70) Steve May, Public Works and Utilities Director, provided an agenda report. Maria Morris, City Clerk, read the title of the ordinance. Council Action: Moved by Mayor Maryott, seconded by Council Member Farias, and carried 4-0 with Council Member Taylor absent to approve the introduction and first reading of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5 OF TITLE 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO TAXICAB REGULATIONS;" and adopt RESOLUTION NO. 19-05-21-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING REVISED ORANGE COUNTY TAXI ADMINISTRATION PROGRAM REGULATIONS AND RELATED FEE AND FINE STRUCTURES." ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Farias, Bourne and Mayor Maryott NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Taylor F2. CITY CLERK a. VACANCY DECLARED ON THE UTILITIES COMMISSION, EFFECTIVE JUNE 2, 2019; CITY CLERK DIRECTED TO PREPARE AND POST APPROPRIATE NOTICES TO SOLICIT APPLICATIONS; RAYMOND MILLER APPOINTED TO SERVE AS THE ALTERNATE REPRESENTATIVE EFFECTIVE, ON THE SOUTH ORANGE COUNTY WASTEWATER AUTHORITY JOINT POWERS AUTHORITY (SOCWA) THROUGH DECEMBER 2019; AND, TROY BOURNE APPOINTED TO SERVE AS THE ALTERNATE REPRESENTATIVE EFFECTIVE JUNE 2, 2019, ON THE SOUTH ORANGE COUNTY WATERSHED MANAGEMENT AREA (SOCWMA) THROUGH DECEMBER 2019 (110.20) • Public Correspondence: Jack Hunt, City resident. Maria Morris, City Clerk, provided an agenda report. Benjamin Siegel, City Manager, responded to questions. 5 6 5/21/2019 Council Action: Moved by Mayor Maryott, seconded by Council Member Farias, and carried 4-0 with Council Member Taylor absent to declare a vacancy on the Utilities Commission, effective June 2, 2019; direct the City Clerk to prepare and post appropriate notices to solicit applications; appoint Raymond Miller to serve as an Alternate representative on the South Orange County Wastewater Authority Joint Powers Authority (SOCWA) through December 2019; and, appoint Troy Bourne to serve as an Alternate representative effective June 2, 2019, on the South Orange County Watershed Management Area (SOCWMA) through December 2019. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Farias, Bourne and Mayor Maryott NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Taylor SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) COUNCIL ACTION ITEMS: None. CITY COUNCIL REPORTS: None. CITY MANAGER REPORT: Benjamin Siegel, City Manager, provided an update on the City Council's summer meeting schedule, and the upcoming Northwest Open Space Community Workshops. ADJOURNMENT: There being no further business Mayor Maryott adjourned the meeting at 6:43 p.m. to Tuesday, �une 4, 2019, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public Busin�ss ession, in the City Council Chamber. �y submitted,` iT:7 94 Approved: June 4, 2019 ATTEST: BRIAN LIMARYOTT, MAYOR 5/21/2019