19-0917_CC_Minutes_Regular MeetingMINUTES
September 17, 2019
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Maryott called the Regular Meeting of September
City Council of the City of San Juan Capistrano to order at
City Council Chamber. Mayor Pro Tem Bourne led the Pledge
Mayor Maryott gave the invocation.
ROLL CALL:
17, 2019, of the
5:09 p.m., in the
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.
MEETING DEDICATION: The meeting was dedicated in memory of Brian Kelly,
Vietnam Veteran and longtime San Juan Capistrano resident.
INTRODUCTIONS AND PRESENTATIONS:
B1. MAYOR PRO TEM BOURNE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Stephanie Heredia, Ron Denman and Tom Perrin,
Parks, Recreation, Youth and Senior Services, Trails and Equestrian
Commission; William Bonney, Housing Advisory Committee; Bob Cardoza,
Design Review Committee; and, Ella Friess and Kate Friess, Youth Advisory
Board.
B2. SEPTEMBER 17-23,2019, PROCLAIMED AS US CONSTITUTION WEEK
ORAL COMMUNICATIONS:
Public Comments: Ella Friess, Youth Advisory Board.
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 E8, as
recommended by staff.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF SEPTEMBER 3, 2019
(CLOSED SESSION), APPROVED
9/17/2019
E3. CITY COUNCIL MINUTES— REGULAR MEETING OF SEPTEMBER 3, 2019,
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM AUGUST 16, 2019, TO
AUGUST 29, 2019, RECEIVED AND FILED (330.30)
E5. OPERATING BUDGET FOR FISCAL YEAR 2019-20 AMENDED TO CONTINUE
THE APPROPRIATION OF UNEXPENDED FUNDS FOR PROJECTS AND
ACTIVITIES THAT WERE BUDGETED IN FISCAL YEAR 2018-19, BUT WERE
NOT COMPLETED BY YEAR END, AS SET FORTH IN ATTACHMENTS 1 AND
2 OF THE AGENDA REPORT; AND, SCHEDULE OF CAPITAL IMPROVEMENT
PROGRAM (CIP) BUDGET CARRYOVERS FROM FISCAL YEAR 2018-19,
RECEIVED AND FILED (330.20)
E6. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
E7. ROBERT MORRISSEY APPOINTED TO FILL THE VACANT POSITION OF
ADULT ADVISOR ON THE YOUTH ADVISORY BOARD, WITH TERM ENDING
AUGUST 31, 2020 (110.20)
E8. CITY MANAGER AUTHORIZED TO EXECUTE THE FIRST AMENDMENT TO
THE AGREEMENT WITH AGE WELL SENIOR SERVICES, INC. EXTENDING
THE TERM BY ONE YEAR AND TEN MONTHS AT A COST NOT -TO -EXCEED
$271,650 (600.30) 7
E9. MUNICIPAL FACILITY LICENSE AGREEMENT TEMPLATE FOR THE
INSTALLATION OF WIRELESS FACILITIES ATTACHED TO CITY
INFRASTRUCTURE IN THE PUBLIC RIGHT-OF-WAY, APPROVED;
CITY MANAGER OR DESIGNEE AUTHORIZED TO MAKE MINOR REVISIONS
TO THE TEMPLATE, INCLUDING CARRIER -SPECIFIC INSURANCE TERMS,
WITH THE APPROVAL OF THE CITY ATTORNEY, WITH ANY MATERIAL
REVISIONS TO BE BROUGHT BACK TO CITY COUNCIL FOR
CONSIDERATION; AND, CITY MANAGER AUTHORIZED TO EXECUTE THE
MUNICIPAL FACILITY LICENSE AGREEMENT WITH INDIVIDUAL CARRIERS
ON A CASE-BY-CASE BASIS (600.10/1000.10)
Public Correspondence: Ann Ahrens Beck, AT&T.
Steve May, Utilities and Public Works Director, provided an agenda report and
responded to questions. Andrew McCardle, Legal Counsel, responded to
questions.
• Public Comments: Cory Antrey, Wireless Policy — representing AT&T; and,
Saul Panduro, Verizon.
2 9/17/2019
Council Action: Moved by Council Member Taylor, seconded by Council Member
I Reeve, and carried unanimously to approve a Municipal Facility License
Agreement template for the installation of wireless facilities attached to City
infrastructure in the public right-of-way; authorize the City Manager or designee
to make minor revisions to the template, including carrier -specific insurance
terms, with the approval of the City Attorney, with any material revisions
to be brought back to City Council for consideration; and,
authorize the City Manager to execute the Municipal Facility License
Agreement with individual carriers on a case-by-case basis.
ADMINISTRATIVE ITEMS:
F1. CITY MANAGER
a. INFORMATIONAL REPORT ON COMMUNITY FEEDBACK PROVIDED AT
NORTHWEST OPEN SPACE PUBLIC WORKSHOPS AND VIA ONLINE
SURVEY, RECEIVED AND FILED; STAFF DIRECTED TO PROCEED WITH
THE FINAL DESIGN PLANS FOR THE PUTUIDEM VILLAGE PROJECT; STAFF
AUTHORIZED TO AMEND THE CONTRACT WITH NUVIS LANDSCAPE
ARCHITECTURAL AND PLANNING TO MODIFY THE ORIGINAL PLANS AND
SPECIFICATIONS TO REFLECT THE REVISED SCALED DOWN PROJECT;
STAFF DIRECTD TO CORRECT WITHIN THE NEXT SIX MONTHS THE
ZONING ON THE NORTHWEST OPEN SPACE WITH A SPECIFIC PLAN TO
ALLOW FOR THE PUTUIDEM VILLAGE AS WELL AS FOR THE OTHER
CURRENT USES ON THE PROPERTY; AND, GO BACK TO RED TAIL
ACQUISITION AND CAPISTRANO VINEYARDS TO SEE IF THEY WOULD LIKE
TO REVISE THEIR PLANS TO BE MORE CONSISTENT WITH THE FEEDBACK
PROVIDED BY THE COMMUNITY THROUGH THE PUBLIC WORKSHOPS
AND THE ONLINE SURVEY (920.10/600.30)
• Public Correspondence: due to high volume of correspondence received,
correspondence is kept in the City Clerk's Office and is also available as
enclosures to the Agenda Report on the City's Website.
Charlie View, Assistant City Manager, provided an agenda report and responded
to questions.
Public Comments: Donna Friess, City resident; Ken Friess, City resident;
Tom Hribar, City resident; Joyce Stanfield, Juaneno Band of Mission
Indians Acjachemen Nation; Sue Turner, city resident; Patricia Martz,
California Cultural Resources Preservation Alliance; Anna Christensen,
Sierra Club; Kerry Ferguson, City resident; William Bonney, City resident;
Gerry Gamble, City resident; and, Jill Hanna, City resident.
3 9/17/2019
Council Action: Moved by Mayor Pro Tem Bourne, seconded by Council Member
Farias, and carried unanimously to receive and file informational report on
community feedback provided at Northwest Open Space public workshops and
via online survey; direct staff to proceed with the final design plans for the
Putuidem Village Project; authorize staff to amend the contract with
NUVIS Landscape Architectural and Planning to modify the original plans and
specifications to reflect the revised scaled down project; direct staff to correct
within the next six months the zoning on the Northwest Open Space with a
Specific Plan to allow for the Putuidem Village as well as for the other current
uses on the property; and, go back to Red Tail Acquisition and Capistrano
Vineyards to see if they would like to revise their plans to be more consistent with
the feedback provided by the community through the public workshops and the
online survey.
F2. PUBLIC WORKS
a. CONSTRUCTION CONTRACT FOR THE VERDUGO STREET
BEAUTIFICATION PROJECT (CIP14106) AWARDED TO THE LOWEST
BIDDER, C.S. LEGACY CONSTRUCTION INC., IN THE AMOUNT OF
$1,721,939.98; CITY MANAGER AUTHORIZED TO EXECUTE THE
CONTRACT AND APPROVE CHANGE ORDERS FOR A TOTAL CONTRACT
INCREASE AMOUNT NOT TO EXCEED $275,000; PROJECT BUDGET
INCREASED BY $690,000 AND APPROPRIATED FROM SUCCESSOR
AGENCY NON -HOUSING BONDS ($120,000), SYSTEMS DEVELOPMENT
FUNDS ($120,000), AND COMMUNITY FACILITIES DISTRICT (CFD) BOND
FUNDS ($450,000) TO SUPPLEMENT THE PROJECT BUDGET; AND,
LICENSE AGREEMENTS APPROVED WITH PROPERTY OWNERS ALONG
BOTH SIDES OF VERDUGO STREET, SUBSTANTIALLY IN THE FORM
ATTACHED, TO ALLOW THE CITY TO AFFIX OVERHEAD STRING LIGHTS
TO ADJACENT BUILDING; AND, CITY MANAGER AUTHORIZED TO
EXECUTE THE LICENSE AGREEMENTS (600.301320.20)
Council Member Taylor recused himself due to proximity of project to his
residence and left the Council Chamber.
Joe Parco, City Engineer, provided an agenda report and responded to questions.
Benjamin Siegel, City Manager and Steve May, Utilities and Public Works
Director, responded to questions.
• Public Comments: Kathy Hobstetter, City business owner; and,
Robert Bruch, City resident.
4 9/17/2019
Council Action: Moved by Council Member Farias, seconded by Council Member
Reeve, and carried 4-0 with Council Member Taylor recused to award a
Construction Contract for the Verdugo Street Beautification Project (CIP14106) to
,J the lowest bidder, C.S. Legacy Construction Inc., in the amount of $1,721,939.98;
authorize the City Manager to execute the contract and approve change orders
for a total contract increase amount not to exceed $275,000; increase the Project
budget by $690,000 and appropriate that amount from Successor Agency Non -
Housing Bonds ($120,000), Systems Development Funds ($120,000), and
Community Facilities District (CFD) Bond Funds ($450,000) to supplement the
Project budget; and, approve license agreements with property owners along both
sides of Verdugo Street, substantially in the form attached, to allow the City to
affix overhead string lights to adjacent buildings, and authorize the City Manager
to execute the license agreements.
ROLL CALL:
AYES:
COUNCIL MEMBER: Reeve, Farias, Bourne and Mayor Maryott
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Taylor
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS:
H1. REFUND OF $104.91 TO THE FAMILY OF VIETNAM VETERAN AND
LONGTIME CITY RESIDENT BRIAN KELLY FOR THE PARK RENTAL FEES
ASSOCIATED WITH HIS MEMORIAL SERVICE AT VETERAN'S PARK ON
JUNE 6, 2019, APPROVED (390.30)
Council Action: Moved by Council Member Reeve, seconded by Council Member
Taylor, and carried unanimously to approve refund of $104.91 to the family of
Vietnam Veteran and longtime City resident Brian Kelly for the park rental fees
associated with his memorial service at Veteran's Park on June 6, 2019.
CITY COUNCIL REPORTS:
• Mayor Maryott, thanked staff for a great Summer Nites Concert.
CITY MANAGER REPORT:
• Benjamin Siegel, City Manager, announced the upcoming Summer Nites
Concert.
5 9/17/2019
ADJOURNMENT:
Thereing no further business Mayor Maryott adjourned the meeting in memory of
Brian llVietnam Veteran and longtime City resident at 6:37 p.m. to Tuesday,
Octob 1, 0 9, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public Business
Sessio i t City Council Chamber.
Approved: October 1,
ATTEST:
BRIA . ARYOTT, MAYOR
9/17/2019