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15-1211_CC_Minutes_Special Meeting MINUTES December 11, 2015 SAN JUAN CAPISTRANO CITY COUNCIL SPECIAL MEETING BUSINESS SESSION: Mayor Patterson called the Special Meeting of December 11, 2015, of the City Council of the City of San Juan Capistrano to order at 1:17 p.m. in the City Council Chamber. Mayor pro tem Ferguson led the Pledge of Allegiance. ROLL CALL: COUNCIL MEMBERS PRESENT: John M. Perry, Derek Reeve, Sam Allevato, and Mayor pro tem Kerry K. Ferguson and Mayor Pam Patterson, Esq. 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. ORAL COMMUNICATIONS: • Steve Behmerwohld, City resident. COUNCIL ACTION ITEM: 1. CONSIDERATION OF A RESOLUTION TO CLARIFY THE HISTORIC TOWN CENTER MASTER PLAN REGARDING THE ESTABLISHED BUILDING HEIGHT LIMIT AND SETBACKS FOR NEW CONSTRUCTION ON ADJOINING LOTS OF THE ESSLINGER BUILDING AND THE JUDGE EGAN HOUSE (400.20) • Public Correspondence: Tom Ostensen, City resident; Paul Fulbright, FRA, Inc., submitted two (2) correspondences; Jim Curwood, City business owner; Tony and Orrie Brown, City residents; Dave Solt, City resident; Kathy Hooper, City resident; Carol Keene, City resident; Mary Demers, Friends of the Library; Louie Camacho, City resident; Anna Dickinson, City resident; and correspondence from Hotel Capistrano, a Kimpton Hotel. Mayor Patterson provided a report and responded to questions. • Public Comments: Laura Freese, City resident; Nina Leone, City resident; Don Tryon, City resident; Monique Rea, City resident; Larry Kramer, City resident; Ray Miller, City resident; Kathy Hooper, City resident; Mary Demers, Friends of the Library; Rob Williams, City resident; Mark Rottmann, City resident; Scott Hunter, City resident; Mark Weintraub, City resident; Mike Johnson, City resident; Jan Siegel, City resident; Tina Auclair, City resident; Paul Fulbright, City resident; David Ewing, City resident; Brittany DeAnda, Dana Point resident; Charlotte Anderson, City resident; Ricardo Beas, City resident; Mark Bodenhamer, City resident; Steve Nordeck, City business owner; Troy Bourne, City resident; Mary Crawford, City resident; John Campbell, City resident; Warren Siegel, City resident; Frank G. Larkin, City resident; David Wood, Newport Beach resident; Behmerwohld, City resident; Chuck Krolikowski, Newmeyer & Dillon, LLP; John Gillotti, City business owner; and Steve Oedekerk, Hotel Capistrano, a Kimpton Hotel. 1 Moved by Council Member Perry, seconded by Council Member Allevato, and motion failed due to lack of a vote to have the Planning Commission finish its efforts, and bring forward a recommendation to the City Council based upon a vote by the Planning Commission, and explain why its vote is valid to the City Council. 17 Mayor pro tem Ferguson provided a substitute motion, seconded by Mayor it Patterson, motion failed 2-3 with Council Member Perry, Council Member Reeve, and Council Member Allevato opposed to adopt a Resolution clarifying the wording contained in the Historic Town Center Master Plan with respect to height limit and setbacks for new construction on adjoining lots of the Esslinger Building and the Judge Egan House, with the following change to the Resolution: 2) The said height restriction means that any new structure on an adjacent lot cannot be higher than ther-eef ef the historic structure. ROLL CALL: AYES: COUNCIL MEMBER: Mayor pro tern Ferguson and Mayor Patterson NOES: COUNCIL MEMBER: Perry, Reeve and Allevato ABSENT: COUNCIL MEMBER: None Council Member Reeve provided another substitute motion: Council Action: Moved by Council Member Reeve, seconded by Council Member Allevato, and carried 4-1 with Mayor Patterson opposed to direct the remaining four (4) Planning Commissioners (without a legal conflict of interest, or the appearance of a conflict of interest) to have a committee of the whole, work with staff and bring back a recommendation to the City Council. ROLL CALL: AYES: COUNCIL MEMBER: Perry, Reeve, Allevato and Mayor pro tem Ferguson NOES: COUNCIL MEMBER: Mayor Patterson ABSENT: COUNCIL MEMBER: None ADJOURNMENT: There being no further business Mayor Patterson adjourned the meeting at 3:52 p.m. to Tuesday, December 15, 2015, at 3:00 p.m. for Closed Session, and 5:00 p.m. for the public Business Session, in the City Council Chamber. 2 12/11/2015 Respectfully s ad, MARIA MOR S CL K Approved: January 5, 2016 //A Z5:::;, -4�zl 4ATT T: AM PATTERSON, 3 12/11/2015