15-0901_CC_Minutes_Regular Meeting MINUTES
September 1, 2015
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: Please refer to separate Special Meeting minutes.
BUSINESS SESSION:
Mayor Reeve called the Regular Meeting of September 1, 2015, of the City Council of
the City of San Juan Capistrano to order at 5:10 p.m. in the City Council Chamber.
Council Member Perry led the Pledge of Allegiance and Mayor pro tem Patterson gave
the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Kerry K. Ferguson, John M. Perry, Mayor pro tem
Pam Patterson, Esq. and Mayor Derek Reeve.
COUNCIL MEMBERS ABSENT: Sam Allevato.
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:
1. MAYOR PRO TEM PATTERSON INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Kali Winn, Youth Advisory Board;
Gerald Muir, Parks, Recreation, Senior and Youth Services Commission,
Design Review Committee, and Youth Advisory Board; Thomas Perrin, and
Ron Denman, Parks, Recreation, Senior and Youth Services Commission; and
Renee Ritchie, Trails and Equestrian Commission.
2. SAN JUAN CAPISTRANO SENIOR BASKETBALL TEAM RECOGNIZED FOR
WINNING THE USA NATIONAL SENIOR OLYMPIC CHAMPIONSHIP (610.40)
3. PRESENTATION PROVIDED OF THE CITY'S INVESTMENT REPORT FOR
THE QUARTER ENDED JUNE 30, 2015, BY PFM ASSET MANAGEMENT, LLC
(350.10)
ORAL COMMUNICATIONS:
• Dave Solt, City resident; Art Oronoz, City resident; Anna Dickinson, City resident;
Tina Auclair, City resident; Steve Behmerwohld, City resident; and
Clint Worthington, City resident.
1
PUBLIC HEARINGS:
1. CONSIDERATION OF A RESOLUTION APPROVING A FLOODPLAIN LAND
USE PERMIT (FP) 15-001, VERIZON WIRELESS SAN JUAN CREEK (TAR
FARMS); TO ALLOW A 65'-0" TALL GROUND MOUNTED, FAUX WATER
TOWER WIRELESS TELECOMMUNICATIONS FACILITY IN THE FLOOD
ZONE LOCATED AT 28411 SAN JUAN CREEK ROAD (ASSESSOR PARCEL
NUMBER 124-223-69) (VERIZON WIRELESS, CIO CORE DEVELOPMENT
SERVICES) (550.10) — DENIED
Nick Taylor, Associate Planner, provided a PowerPoint presentation and
responded to questions. Sergio Klotz, Interim Planning Director, responded to
questions.
Mayor Reeve opened the public hearing and invited testimony.
• Public Testimony: Ross Milerich, Applicant; and Dave Solt, City resident; and
Anna Dickinson, City resident.
Mayor Reeve closed the public hearing.
Mayor Reeve moved to adopt a resolution approving a Floodplain Land Use
Permit (FP) 15-001 for the installation of a 65'-0" tall ground mounted, faux water
tower, wireless telecommunications facility, consisting of 12 panel antennas,
12 remote radio units, 1 microwave dish, and 2 GPS Antennas, and an
equipment shelter located at 28411 San Juan Creek Road (Assessor's Parcel
Number: 124-223-69, Verizon Wireless San Juan Creek, but the motion failed for
lack of a second.
Council Action: Moved by Council Member Perry, seconded by Mayor pro tem
Patterson, and carried 2-1-1-0 with Mayor Reeve opposed, Council Member
Ferguson abstained, and Council Member Allevato absent to deny approval of a
Floodplain Land Use Permit (FP) 15-001 for the installation of a 664" tall ground
mounted, faux water tower, wireless telecommunications facility, consisting of 12
panel antennas, 12 remote radio units, 1 microwave dish, and 2 GPS Antennas,
and an equipment shelter located at 28411 San Juan Creek Road (Assessor's
Parcel Number: 124-223-69, Verizon Wireless San Juan Creek. (Staff directed to
bring back written findings, memorializing the reasons behind the City Council's
denial).
ROLL CALL:
AYES: COUNCIL MEMBER: Perry and Patterson
NOES: COUNCIL MEMBER: Mayor Reeve
ABSENT: COUNCIL MEMBER: Allevato
ABSTAINED: COUNCIL MEMBER: Ferguson
ADMINISTRATIVE ITEMS: None.
2 9/1/2015
CONSENT CALENDAR:
Council Action: Moved by Council Member Ferguson, seconded by Mayor pro tem
Patterson, and carried 4-0 with Council Member Allevato absent to approve consent
calendar items 1 through 6, as recommended by staff, with Council Member Perry
abstaining from consent calendar item 4.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING (CLOSED SESSION) OF
AUGUST 18, 2015, APPROVED.
3. CITY COUNCIL MINUTES — REGULAR MEETING OF AUGUST 18, 2015,
APPROVED.
4. CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS
DATED AUGUST 7, 2015, TO AUGUST 20, 2015; PAYROLL (CHECKS) DATED
AUGUST 14, 2015; AND PAYROLL (DIRECT DEPOSITS) DATED AUGUST 14,
2015, RECEIVED AND FILED (300.30)
Council Member Perry abstained due to his former employment and proximity of
his residence with the San Juan Hills Golf Club.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
ABSTAINED: COUNCIL MEMBER: Perry
5. MAYOR AUTHORIZED TO SIGN A LETTER TO THE PRESIDING JUDGE OF
THE ORANGE COUNTY GRAND JURY WHICH CONTAINS THE REQUESTED
RESPONSES AND COMPLIANCE TO THE FINDINGS AND
RECOMMENDATIONS OF THE REPORT, "UNFUNDED RETIREE
HEALTHCARE OBLIGATIONS — A PROBLEM FOR PUBLIC AGENCIES?"
(700.50)
6. FACILITY USE PERMIT FOR LOS RIOS PARK FOR THE WEEKEND OF
APRIL 29 — MAY 1, 2016, WITH MODIFICATIONS TO THE RULES AND
REGULATIONS OF LOS RIOS PARK; EXEMPTION TO THE MUNICIPAL
CODE, TITLE 5, PUBLIC WELFARE CHAPTER 21, USE OF PUBLIC PARKS
AND FACILITIES SEC. 5-21.04 RULES AND REGULATIONS APPLICABLE IN
CITY PARKS AND FACILITIES IN ORDER TO DISPLAY "GREEN"
EFFICIENCY VEHICLES, NOT TO EXCEED SIX (6) EXHIBITS; AND, USE OF
THE CITY HALL PARKING LOT FOR OVERFLOW PARKING TO GOIN NATIVE
THERAPEUTIC GARDENS FOR THE ECO GARDEN EXPO EVENT,
APPROVED (460.70)
3 9/1/2015
SAN JUAN CAPISTRANO HOUSING AUTHORITY: (Refer to Housing Authority
Minutes)
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY: (Refer to Successor Agency Minutes)
ORDINANCES: None.
! I
COUNCIL ACTION ITEMS:
1. CONSIDERATION OF A CITY COUNCIL POLICY REGARDING CONSENT
CALENDAR ITEMS (610.30) — NO ACTION TAKEN
Mayor pro tem Patterson provided a report.
2. CONSIDERATION OF A CITY COUNCIL POLICY REGARDING
PRESENTATIONS BY COMMISSIONERS/COMMITTEE MEMBERS (610.30)
Mayor pro tem Patterson provided a report.
Council Action: Moved by Council Member Ferguson, seconded by Mayor pro tem
Patterson, and carried 4-0 with Council Member Allevato absent to direct the
City Attorney to work collaboratively with Mayor pro tem Patterson and a
representative from each Commission/Committee to develop a City Council Policy
regarding presentations and, reports and so forth for meetings; and keep it simple
and involve the necessary individuals to collaborate on a policy that will serve the
needs.
3. CONSIDERATION OF A CITY COUNCIL POLICY REGARDING TIME
LIMITATION ON CITY COUNCIL MEMBER COMMENTS (610.30) — NO ACTION
TAKEN
Mayor pro tem Patterson provided a report.
• Public Comments: Troy Bourne, City resident.
4. MAYOR PRO TEM PATTERSON APPOINTED AS VOTING DELEGATE, AND
COUNCIL MEMBER FERGUSON AND COUNCIL MEMBER ALLEVATO
APPOINTED AS ALTERNATE VOTING DELEGATES TO REPRESENT THE
CITY AT THE 2015 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE;
AND CITY CLERK DIRECTED TO COMMUNICATE THE APPOINTMENTS TO
THE LEAGUE (140.20)
Council Action: Moved by Mayor Reeve, seconded by Mayor pro tem Patterson,
and, carried 4-0 with Council Member Allevato absent to appoint Mayor pro tem
Patterson as voting delegate, and appoint Council Member Ferguson and Council
Member Allevato as alternate voting delegates to represent the City at the 2015
League of California Cities Annual Conference; and City Clerk directed to
communicate the appointments to the League. (League's resolutions to be brought
back at the September 15, 2015, City Council Meeting)
4 9/1/2015
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Allevato
CITY COUNCIL REPORTS:
• Council Member Perry reported attending a South County Water Agencies Meeting.
• Council Member Ferguson reported attending a Juaneno Mass of Unification led by
the first Juaneno priest, Father James Nieblas, at the Mission Serra Chapel;
Southern California Association of Governments (SCAG) Meetings; and announced
that the Statue of Father Serra will remain in the Statuary Hall at the United States
Capitol Building.
• Mayor pro tem Patterson reported attending a Vector Control Meeting.
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at 7:29 p.m. to
Thursday, September 3, 2015, at 10:00 a.m. for a City Council Workshop; and then to
Tuesd ptember
15, 2015, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the
public us' ess Session, in the City Council Chamber.
L Resp tf lly submitted,
I '
i
MA ORRIS, Cl n
ERK
Approved: September 15, 2015
ATTEST:
Re aP
DEREK REEVE, MAYOR
5 9/1/2015