15-0120_CC_Minutes_Adjourned Regular Meeting MINUTES
January 20, 2015
SAN JUAN CAPISTRANO CITY COUNCIL
ADJOURNED REGULAR MEETING
CLOSED SESSION: Please refer to separate Special Meeting minutes.
BUSINESS SESSION:
Mayor Reeve called the Regular Meeting of the City Council of the
City of San Juan Capistrano to order at 5:30 p.m. in the City Council Chamber.
Council Member Byrnes led the Pledge of Allegiance and Council Member Ferguson
gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Sam Allevato, Roy L. Byrnes, M.D., Kerry K.
Ferguson, Mayor pro tem Pam Patterson, Esq. and Mayor Derek Reeve.
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: Mayor Reeve dedicated the meeting in memory of David
Belardes, lifelong resident and community leader.
• Public Comments: Domingo Belardes, City resident.
CITY COUNCIL REPORTS ON OUTSIDE AGENCIES:
• Council Member Byrnes announced retirement from the City Council (submitted
letter).
• Condolences given for the La Zanja fire tragedy; and appreciation given to the City's
Police Services, Fire Services and community response and support.
• League of California Cities Sacramento Conference.
• Mission San Juan Capistrano Liaison Meeting.
• Economic Development Subcommittee Meeting.
• Equestrian Community Liaison Meeting.
• Los Rios Community Liaison Meeting.
• Numerous Ribbon Cutting Ceremonies.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM PATTERSON INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Elliot Levenson and Ilse Byrnes, Open Space,
Trails and Equestrian Commission, Lori Porter, William Bonney and Jan Siegel,
Cultural Heritage Commission; Gerald Muir, Parks, Recreation and Senior
Services Commission and Youth Advisory Board; Ron Denman, Kathy Hooper
and Steve Behmerwohld, Parks, Recreation and Senior Services Commission;
and Grace Villa, Youth Advisory Board.
1
2. SADDLEBACK VALLEY CHRISTIAN SCHOOLS GIRLS VARSITY
VOLLEYBALL TEAM, RECOGNIZED (570.10)
3. PRESENTATION PROVIDED BY SOUTHERN CALIFORNIA GAS COMPANY
REGARDING ADVANCED METERS (1010.50)
Paul Simonds, Southern California Gas Company, provided a PowerPoint
presentation and responded to questions.
ORAL COMMUNICATIONS:
• Julie Beeman and Paul Simonds, South Orange County Economic Coalition
(provided a PowerPoint presentation); Lisa Apel Kloft, City resident (provided a
handoutl); Michelle Lawrence-Adams, Mission San Juan Capistrano; Laura Freese,
Heritage Tourism Association; Christine Robinson, Heritage Tourism Association
(presented a framed San Juan Capistrano Historic Downtown 2015 Map and
Guide); Ian Smith, City resident; Kathy Hooper, City resident; Steve Behmerwohld,
City resident; Vivienne de Costa, City resident; Grace Villa, Youth Advisory Board;
Phil Schwartze, Rotary Club; Dan Friess, City resident; Erin Kutnick, City resident;
Ed Beyer, City resident; Matt Gaffney, City resident; Clint Worthington, City
resident; and Mary Demers, Friends of the Library.
CONSENT CALENDAR:
Council Action: Moved by Council Member Allevato, seconded by Council Member
Byrnes, and carried unanimously to approve consent calendar items 1 through 4 and 6
through 8, as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING OF DECEMBER 16, 2014,
(CLOSED SESSION), APPROVED.
3. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
DECEMBER 16, 2014, APPROVED.
4. CITY COUNCIL MINUTES — SPECIAL MEETING OF JANUARY 9, 2015,
(CLOSED SESSION), APPROVED.
5. CHECK REGISTERS FOR ELECTRONIC TRANSACTIONS DATED
NOVEMBER 28, 2014, TO DECEMBER 11, 2014; DECEMBER 12, 2014, TO
DECEMBER 18, 2014; DECEMBER 19, 2014, TO JANUARY 8, 2015; PAYROLL
(CHECKS) DATED DECEMBER 11, 2014; AND PAYROLL (DIRECT
DEPOSITS) DATED DECEMBER 19, 2014; PAYROLL (CHECKS) DATED
DECEMBER 19, 2014; AND PAYROLL (DIRECT DEPOSITS) DATED
JANUARY 2, 2015, RECEIVED AND FILED (300.30)
® Public Comments: Ian Smith, City resident.
2 1/20/2015
Council Action: Moved by Council Member Allevato, seconded by Council
Member Ferguson, and carried unanimously to receive and file check registers for
electronic transactions dated November 28, 2014, to December 11, 2014;
December 12, 2014, to December 18, 2014; December 19, to January 8, 2015;
payroll (checks) dated December 11, 2014; and payroll (direct deposits) dated
December 19, 2014; payroll (checks) dated December 19, 2014; and payroll
(direct deposits) dated January 2, 2015,
6. CASH AND INVESTMENT REPORT FOR MONTH ENDED NOVEMBER. 30,
2014, RECEIVED AND FILED (350.30)
7. CLAIM OF BUI VS. CITY OF SAN JUAN CAPISTRANO, DENIED BASED UPON
THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY (170.70)
8. NEW DEVELOPMENT APPLICATION STATUS, RECEIVED AND FILED
(440.10)
PUBLIC HEARINGS:
1. FIRST READING AND INTRODUCTION OF AN ORDINANCE ADOPTING
CODE AMENDMENT (CA) 14004 AND NEGATIVE DECLARATION
AMENDING TITLE 9 TO PERMIT COMMERCIAL KENNELS IN THE
COMMERCIAL MANUFACTURING DISTRICT SUBJECT TO APPROVAL OF A
CONDITIONAL USE PERMIT, APPROVED (420.30)
Sergio Klotz, Assistant Development Services Director, provided an agenda
report and responded to questions.
® Public Correspondence: Michael Hans; and Beverly Bloom, City resident.
Mayor Reeve opened the public hearing and invited testimony. No public
testimony was received. Mayor Reeve closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Byrnes, and carried unanimously to approve the first reading and
introduction of an Ordinance entitled, "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING CODE AMENDMENT (CA) 14-004 AMENDING LAND
USE CODE SECTION 9-3.305 INDUSTRIAL DISTRICTS "COMMERCIAL
MANUFACTURING" DISTRICT TO ALLOW KENNELS SUBJECT TO A
CONDITIONAL USE PERMIT AND APPROVAL OF A NEGATIVE
DECLARATION."
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
3 1/20/2015
ADMINISTRATIVE ITEMS:
G1 CITY ATTORNEY
a. CITY COUNCIL ACTION OF NOVEMBER 18, 2014, TO APPROVE A 5-YEAR
LICENSE AGREEMENT, RESCINDED; AND, A 5-YEAR LICENSE
AGREEMENT WITH THE ORTEGA EQUESTRIAN CENTER (OTRA, INC.) TO
CONDUCT EQUESTRIAN STABLE AND PASTURE OPERATIONS AT CITY-
OWNED PROPERTY (APN 666-232-080), APPROVED AS EXECUTED
(600.30)
Hans Van Ligten, City Attorney, provided an agenda report and responded to
questions.
• Public Correspondence: Erin Dollar; Monique Doell-Bedsole; Brianna
Beeman; Macie Brown; Heather Boyle Buntich; Sonja Eschenburg; Maggie
Hayes; Tiffany Hill; Kendra King; Amy Luera, Paso Robles resident; Jackie
Mitchell; Kathy Mitchell; Brian Pearson; Torri Sims; Adina Valenzuela; Corey
Valenzuela; and, Kristen Zancanella, South Dakota resident.
• Public Comment: Erin Dollar; Kathy Hooper, City resident; Melissa Alsop,
Laguna Niguel resident; Clint Worthington, City resident; Ann Foster,
City resident; Mark Bodenhamer, Chamber of Commerce; Jim Carter,
American Horse Products, Jim Verbeerst, City resident; Eva Crabbs,
City resident; and, Richard Donahoo, Laguna Niguel resident.
• The following individuals did not wish to speak however register support for a
5-year License Agreement: Christina Carson, City resident; Roma Sinacori,
City resident; Ward Kerr, City resident; Sarah Verbeerst, City resident;
DeeDee Gates, City resident; DeeDee Jo Perlas, City resident; Joe Lifto,
City resident; Debbie Jungwirth, Dana Point resident; Shelly Barker,
City resident; Rogen Smoke; Judith Smoke; Tim Pevries, Mission Viejo
resident; Jackie Mitchell, Mission Viejo resident; Ginny Kerr, City resident;
Alex Verbeerst, City resident; and, Gretchen Verbeerst, City resident.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Byrnes, and carried unanimously to rescind City Council action from
November 18, 2014; and, approve, in the same form it was executed, a 5-year
License Agreement with the Ortega Equestrian Center (OTRA, Inc.)
to conduct equestrian stable and pasture operations at City-owned property
(APN 666-232-080).
4 1/20/2015
G2 CITY CLERK
a. ORANGE COUNTY REGISTRAR OF VOTER'S CERTIFICATE AS TO
CERTIFICATION OF THE SIGNATURES ON THE REFERENDUM PETITION
ENTITLED "REFERENDUM AGAINST AN ORDINANCE PASSED BY THE CITY
COUNCIL — RESOLUTION NO. 14-11-18-10," RECEIVED AND FILED;
RESOLUTION 15-01-20-02 ADOPTED REPEALING RESOLUTION 14-11-18-10
APPROVING A REFERENDUM AGAINST APPROVAL OF (1) A MITIGATED
NEGATIVE DECLARATION (MND); (2) CONDITIONALLY APPROVING
TENTATIVE TRACT MAP (TTM) 17626, CONDITIONAL USE PERMIT (CUP)
13-08, ARCHITECTURAL CONTROL (AC) 13, 23, GRADING PLAN
MODIFICATION (GPM) 13-03, TREE REMOVAL PLAN, AND HTC FORM
BASED CODE ADMINISTRATIVE MODIFICATIONS TO THE "TC" (TOWN
CENTER) ZONE DISTRICT'S STANDARDS TO ALLOW A THIRD STORY
MEZZANINE FOR RESIDENTIAL STRUCTURES AND TO ALLOW FOR A
REDUCED REAR YARD SETBACK FOR THE RESIDENTIAL STRUCTURES
LOCATED ALONG THE PRIVATE STREET; AND (3) APPROVING THE
REQUEST FOR A HTC FORM BASED CODE ADMINISTRATIVE
MODIFICATION TO THE "TC" (TOWN CENTER) ZONE DISTRICT'S
STANDARDS TO REDUCE THE HOTEL PARKING STANDARD FROM 1.0 TO
0.8 SPACES PER GUEST ROOM (630.20)
Maria Morris, City Clerk, provided an agenda report. Hans Van Ligten,
City Attorney, responded to questions.
Public Correspondence: Tom Hribar, City resident; Tina Auclair,
City resident; Tom Scott, Camino Real Playhouse; Mary Ann Davidson,
City resident; Darrell Hill, City resident; James and Leslie Leone; Anna
Dickinson, City resident; Joshua Host, Urban Village; Beverly Blake,
City resident; Don Tryon, City resident; .Jerry Nieblas and Janice Pickartz,
Capistrano Historical Alliance Committee; Nancy Ingham, City resident; John
Bates, City resident; Yvonne Murai, City resident; Emilie Simard,
City resident; Erin Kutnick, City resident; Jim D., City resident; Greg and Antje
Campbell, City residents; Susan Finley, City resident; Samantha Hammer,
City resident; Dusty Otero, City resident; Tony and Orrie Brown,
City residents; Tracy Weintraub, City resident; Nina Ostensen, City resident;
Shelly Barker, City resident; Julie Vlahos, City resident; Mitch Frisch,
City resident; Eric Altman, City resident; Fran Rat; Stephanie Frisch,
City resident; John Bridle, City resident; Joe Soto, City resident; Jason
Auclair, City resident; Robert Wilson, City resident; D.R. Chevallier,
City resident; Larry Thomas, City resident; Robyn Robinson, City resident;
Kathleen Peterson, City resident; Sue Connor, City resident; John Riordan,
City resident; Reni and Joel Vidovich, City residents; Ed McCullough,
City resident; Ann Ronan, City Resident; Stephen Merrill, Merrill Insurance
Services; Jim Curwood, City resident; Bruce Felch; David and Donna Simard,
City residents; Ace Villagrana; David Koffs, City resident; John Todd; and
Louie Camacho, City resident.
5 1/20/2095
Public Comment: Bill Bonney, City resident; Moira Nonnweiler, City resident;
Anna Dickinson, City resident; Tina Auclair, City resident; Mark Bodenhamer,
Chamber of Commerce; John Campbell, City resident; Michael Shonafelt,
Newmeyer & Dillion; Charles Krolikowski, Newmeyer & Dillion; Richard Toon,
City resident; Darrell Hill, City resident; Tom Scott, City resident; Beverly
Blake, City resident; Richard Beas, City resident; Charlotte Anderson,
City resident; James Curwood, City resident; Mike Johnson, City resident;
Molly Gula, City resident; Mark Nielsen, City resident; Eva Crabbs,
City resident; John Gillotti, City resident; Barry Heatherley, City resident;
Joshua Host, Urban Village Applicant; Ian Smith, City resident;
Clint Worthington, City resident; and, Steve Szemenyei, City resident.
15t Council Action: Moved by Council Member Byrnes, seconded by Mayor
pro tem Patterson, and carried 4-1 with Council Member Allevato opposed to
receive and file the Orange County Registrar of Voters certificate as to
Certification of the Signatures on the Referendum Petition entitled,
"Referendum Against an Ordinances Passed by the City Council — Resolution
No. 14-11-18-10."
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Ferguson, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
2n,j Council Action: Moved by Mayor pro tem Patterson, seconded by Council
Member Byrnes, and carried 4-1 with Council Member Allevato opposed to
adopt RESOLUTION 15-01-20-02 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REPEALING RESOLUTION 14-11-18-10 APPROVING A REFERENDUM
AGAINST APPROVAL OF (1) A MITIGATED NEGATIVE DECLARATION
(MND); (2) CONDITIONALLY APPROVING TENTATIVE TRACT MAP (TTM)
17626, CONDITIONAL USE PERMIT (CUP) 13-08, ARCHITECTURAL
CONTROL (AC) 13-23, GRADING PLAN MODIFICATION (GPM) 13-03,
TREE REMOVAL PLAN, AND HTC FORM BASED CODE ADMINISTRATIVE
MODIFICATIONS TO THE "TC" (TOWN CENTER) ZONE DISTRICT'S
STANDARDS TO ALLOW A THIRD STORY MEZZANINE FOR
RESIDENTIAL STRUCTURES AND TO ALLOW FOR A REDUCED REAR
YARD SETBACK FOR THE RESIDENTIAL STRUCTURES LOCATED
ALONG THE PRIVATE STREET; AND (3) APPROVING THE REQUEST
FOR A HTC FORM BASED CODE ADMINISTRATIVE MODIFICATION TO
THE "TC" (TOWN CENTER) ZONE DISTRICT'S STANDARDS TO REDUCE
THE HOTEL PARKING STANDARD FROM 1.0 TO 0.8 SPACES PER
GUEST ROOM."
ROLL CALL:
AYES: COUNCIL MEMBER: Byrnes, Ferguson, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
6 1/20/2015
ORDINANCES: None,
COUNCILMANIC ITEMS:
1. RESOLUTION 15-01-20-01 ADOPTED OPPOSING THE POTENTIAL
CLOSURE OF THE SADDLEBACK MEMORIAL CARE, SAN CLEMENTE
CAMPUS AND EMERGENCY ROOM (560.70)
Mayor Reeve provided an agenda report and responded to questions.
• Public Correspondence: Dr, Steven Cullen, San Clemente resident; and,
Chris Hamm, San Clemente Mayor.
• Public Comment: Debbie Waddle, City resident; Dr. Steven Cullen,
San Clemente Resident; and Mike Johnson, City resident.
Council Action: Moved by Council Member Byrnes, seconded by Council
Member Allevato, and carried unanimously approve RESOLUTION
15-01-20-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, OPPOSING THE POTENTIAL
CLOSURE OF THE SADDLEBACK MEMORIAL CARE SAN CLEMENTE
CAMPUS."
2. CONSIDERATION OF APPOINTMENT OF CITY COUNCIL
REPRESENTATIVES TO OUTSIDE AGENCIES; RESOLUTION DESIGNATING
REPRESENTATIVE AND ALTERNATE TO THE ORANGE COUNTY FIRE
AUTHORITY'S BOARD OF DIRECTORS; AND UPDATE AND POSTING OF
THE FAIR POLITICAL PRACTICES COMMISSION (FPPC) FORM 806 ON THE
CITY'S WEBSITE -- CONTINUED TO FEBRUARY 3, 2015 (6'10.60)
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at 10:14 p.m. to
Tuesday, February 3, 2015, at 4:00 p.m. for Closed Session and 5:00 p.m. for a public
Business Session, in the City Council Chamber.
Respectfully submit ed,
CHaRISTY JAKE, OJEPUTY CITY CLERK
Approved: February 3, 2015
ATTEST:
DEREK REEVE, MAYOR
7 1/20/2015