16-0118_CC_Minutes_Adjourned Regular Meeting MINUTES
January 18, 2016
SAN JUAN CAPISTRANO CITY COUNCIL
ADJOURNED REGULAR MEETING
CLOSED SESSION: Please refer to separate Special Meeting minutes.
BUSINESS SESSION:
Mayor Patterson called the Adjourned Regular Meeting of January 18, 2016, of the
City Council of the City of San Juan Capistrano to order at 5:32 p.m. in the City Council
Chamber. Council Member Allevato led the Pledge of Allegiance and Mayor pro tem
Ferguson gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Pam Patterson, Esq., Mayor pro tem
Kerry K. Ferguson, and Council Members Derek Reeve, John M. Perry, and
Sam Allevato.
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.
CITY COUNCIL REPORTS:
• Council Member Allevato reported attending the San Juan Capistrano Fiesta
Association Mixer, at the Mixer it was announced that he will be the Grand Marshall
of the 2016 Swallows Day Parade.
• Council Member Perry reported attending a San Juan Basin Authority meeting;
reported walking the La Novia Trail, and expressed concern with dead vegetation in
the creek bed.
• Mayor pro tem Ferguson reported attending the Southern California Association of
Governments Economic Summit; the Juaneno Band of Mission Indians Acjachema
Nation Ceremony and Vigil; and, a tour of The Ecology Center.
■ Mayor Patterson reported attending the Southern California Association of
Governments Economic Summit; upcoming attendance at the League of California
Cities Conference; and event at The Ecology Center.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM FERGUSON INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Thomas Perrin, Jr., and Ron Denman, Parks,
Parks, Recreation, Senior and Youth Services Commission; Robert Cardoza,
Design Review Committee; Rob Williams, Planning Commission; Erica
Delamare, Youth Advisory Board; and Renee Ritchie, and Gail Zukow, Trails and
Equestrian Commission.
2. SADDLEBACK VALLEY CHRISTIAN SCHOOLS GIRLS VOLLEYBALL TEAM
RECOGNIZED FOR ITS 3RD CONSECUTIVE CIF CHAMPIONSHIP (610.40)
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ORAL COMMUNICATIONS:
• Tina Auclair, City resident; Tom Scott, City resident; Beverly Blake, City resident;
Kathy Hooper, City resident; Stephen Wontrobski, Mission Viejo resident;
Larry Kramer, City resident; Anna Dickinson, City resident; Stephanie Frisch,
City resident; Mary Crawford, City resident; Steve Behmerwohld, City resident; and
Frank G. Larkin, City resident.
PUBLIC HEARINGS:
D1. CONSIDERATION OF AN ORDINANCE ADDING SECTION 9-3.502 TO THE
CITY OF SAN JUAN CAPISTRANO MUNICIPAL CODE PROHIBITING
CANNABIS DISPENSARIES, CANNABIS MANUFACTURES, CULTIVATION
AND CANNABIS DELIVERY (660.10)
Jeff Ballinger, City Attorney, provided a presentation and responded to questions.
Mayor Patterson opened the public hearing, and invited public testimony.
• Public Testimony: Steve Behmerwohld, City resident.
Mayor Patterson closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action. Moved by Council Member Reeve, seconded by Council
Member Perry, and carried unanimously to approve the introduction and first
reading of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING
SECTION 9-3.502 TO THE MUNICIPAL CODE TO PROHIBIT CANNABIS
DISPENSARIES, CANNABIS MANUFACTURES, CULTIVATION, AND
CANNABIS DELIVERY IN THE CITY."
D2. CONSIDERATION OF AN APPEAL OF AN APPROVAL OF CONDITIONAL USE
PERMIT (CUP) 15-005, A MUSIC EDUCATION FACILITY IN EXISTING SUITES
TOTALING 2,560 SQUARE FEET, LOCATED AT 31899 DEL OBISPO STREET,
SUITES 120, 125, AND 150, ASSESSOR PARCEL NUMBER 121-160-39
(APPLICANT: BRIAN HOUSELY) (APPELLANT: TYLER MAROLF) (460.10)
• Correspondence: Corey Henson, City resident; Matthew Stewart, City resident;
Peter Quill, City resident; Ronald and Deborah Remeyer, City residents;
Michael Laux, City resident; Susan Masson, South Orange County resident;
Richard and Paula Saez, City residents; Anthony Cooke, Capistrano Beach
resident; Tyler Marolf, City resident; Spencer and Denise Webster, South
Orange County residents; Gregory Gandrud, San Clemente resident; Rodolfo
and Martha Soto, no residence provided; Mike Emanuel, South Orange
County resident; Ann Ronan, City resident; Deborah Sisley, Dana Point
resident; Barrett and Melissa Anderson, City residents; Phil Allen, Orange
County resident; Karen and Ryan Altwein, no residence provided; Jan Siegel,
City resident; Chris Cosby, City resident; Julie, Matt, Leanna and Skyler
Eklund, no residence provided; Kirsten and John Rogers, local residents.
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Nick Taylor, Acting Senior Planner, provided a PowerPoint presentation and
responded to questions.
Mayor Patterson opened the public hearing, and invited public testimony.
• Public Testimony: Tyler Marolf, Appellant, provided a PowerPoint
presentation and responded to questions; Brian Housely, Applicant, provided
a presentation and responded to questions; Dan Friess, Mission Commercial
Properties, representing property owner; Michael Laux, City resident; Antony
Cooke, Capistrano Beach resident; Mathew Stewart, Laguna Niguel resident;
Phil Allen, Irvine resident; Anna Dickinson, City resident (did not speak, but
registered her position for the record).
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Ferguson, and carried 4-1 with Council Member Perry opposed to continue the
public hearing to a date uncertain.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Allevato, Ferguson and Mayor Patterson
NOES: COUNCIL MEMBER: Perry
ABSENT: COUNCIL MEMBER: None
D3. CONSIDERATION OF VESTING TENTATIVE TRACT MAP 17840
(TTM 14-002), CALLE PERFECTO CONDOMINIUM MAP; A CONDOMINIUM
MAP TO CREATE 4 LOTS THAT ENCOMPASS 3.71 ACRES IN THE EXISTING
CALLE PERFECTO BUSINESS PARK LOCATED WEST OF CAMINO
CAPISTRANO AND NORTH OF CALLE PERFECTO (APN'S: 668-441-09,
668-501-01, 668-501-07 AND 668-501-08) (APPLICANT: CALLE PERFECTO
BUSINESS PARK L.P., DENNIS GAGE) (440.10) — PUBLIC HEARING
CONTINUED TO FEBRUARY 16, 2016
Council Action: Moved by Council Member Allevato, seconded by
Mayor pro tem Ferguson, and carried unanimously to continue the public hearing
to February 16, 2016.
D4. CONSIDERATION OF A CODE AMENDMENT (CA) 15-006, LANDSCAPE —
WATER CONSERVATION STANDARDS (APPLICANT: CITY OF SAN JUAN
CAPISTRANO) (460.30) — PUBLIC HEARING CONTINUED TO A DATE
UNCERTAIN
Council Action: Moved by Mayor pro tem Ferguson, seconded by
Council Member Allevato, and carried unanimously to continue the public hearing
to a date uncertain.
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ADMINISTRATIVE ITEMS:
E1 CITY ATTORNEY
a. CONSIDERATION OF AMENDMENT NO. 1 TO SUBDIVISION IMPROVEMENT
AGREEMENT (FINAL TRACT 17441) (DEVELOPMENT SOLUTIONS OAK,
LLC) (THE OAKS) (600.30)
• Correspondence: Erlinda Sullivan, San Clemente resident; Chip DeSon,
Mission Viejo resident; Jeffrey Singer, City resident; Shelagh Hegarty,
City resident; Michael Hajeck, City resident; Leslie Cory, City resident;
Kim McCarthy, City resident; Sharon Wood, no residence provided;
Steve Petty, no residence provided; Prescott Cogswell, no residence provided;
Cindy Washbon, no residence provided; Vicki Shook, City resident;
Keith Sims, Laguna Niguel resident; Renee Ritchie, City resident; Sandra
Campbell and Fran McClain, City residents; Warren Siegal, City resident; and
Linda Kiernan, City resident.
Jeff Ballinger, City Attorney, provided an agenda report and responded to
questions. Thom Coughran, Interim Public Works and Utilities Director,
responded to questions.
• Commission Representation: Gail Zukow, Trails and Equestrian
Commission, provided the Commission's viewpoints.
• Public Comments: Rob Williams, City resident; Ray Vagas, City resident;
John Clifton, City resident; Gail Fayad, City resident; Dave Solt,
City resident; Sandie Weaver, City resident; Jim Curwood, City Business
Owner; Monique Rea, City resident; Larry Kramer, City resident;
Steve Behmerwohld, City resident; Renee Ritchie, City resident; Charles
Rea, City resident; Justin Gollieb, Interbike; Tim O'Grady, Del Mar resident;
and John Bernie, City Business Owner.
Moved by Council Member Reeve, seconded by Council Member Allevato, and
motion failed for a lack of vote to approve the Amendment No. 1 to Subdivision
Improvement Agreement with Development Solutions OAK, LLC, for Final Tract
17441.
Mayor Patterson provided a substitute motion, but motion failed for a lack of a
second to approve Amendment No. 1 to the Subdivision Improvement
Agreement with Development Solutions OAK, LLC, for Final Tract 17441, and
remove the obligation to improve the trail, as recommended by the Trails and
Equestrian Commission.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Reeve, and carried 3-1-1 with Mayor Patterson opposed and
Mayor pro tem Ferguson abstained to allow the developer to put in a trail as it is
on the Subdivision Improvement Agreement with the change that the
10 ft. bicycle trail go next to the fence, with a split rail fence separating the
walking/bicycle trail with a split rail fence and then the horse trail against the
creek.
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ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Reeve and Perry
NOES: COUNCIL MEMBER: Mayor Patterson
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Mayor pro tem Ferguson
MOTION TO ADJOURN MEETING: Moved by Council Member Reeve, seconded by
Council Member Allevato and carried unanimously to conduct the Successor Agency
business; and then adjourn the City Council meeting.
E2 FINANCE DIRECTOR
a. UPDATE ON THE CONDUCT OF COMMERCIAL FILMING AND THE CITY'S
ANNUAL STILL PHOTOGRAPHY PERMIT PROCESS (660.10) — ITEM
CONTINUED
CONSENT CALENDAR:
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING OF JANUARY 5, 2016
(CLOSED SESSION) — ITEM CONTINUED
3. CITY COUNCIL MINUTES — REGULAR MEETING OF JANUARY 5, 2016 —
ITEM CONTINUED
4. REVIEW OF THE CHECK REGISTER FOR ELECTRONIC TRANSACTIONS
AND CHECKS DATED NOVEMBER 27, 2015, TO DECEMBER 10, 2015;
DECEMBER 11, 2015, TO DECEMBER 24, 2015; PAYROLL (CHECKS)
DATED DECEMBER 4, 2015; PAYROLL (DIRECT DEPOSITS) DATED
DECEMBER 4, 2015; PAYROLL (CHECKS) DATED DECEMBER 11, 2015;
PAYROLL (CHECKS) DATED DECEMBER 18, 2015; AND PAYROLL (DIRECT
DEPOSITS) DATED DECEMBER 18, 2015 (300.30) — ITEM CONTINUED
5. REVIEW OF CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
NOVEMBER 30, 2015 (330.50) — ITEM CONTINUED
6. NEW DEVELOPMENT APPLICATION STATUS REPORT (440.10) — ITEM
CONTINUED
7. CONSIDERATION OF A RESOLUTION ADJUSTING COST OF LIVING CHANGES
RELATED TO THE CITY'S CAMPAIGN CONTRIBUTION LIMITS (660.10) — ITEM
CONTINUED
8. CONSIDERATION OF DECLARING A VACANCY ON THE TRAILS AND
EQUESTRIAN COMMISSION (110.20) — ITEM CONTINUED
9. CONSIDERATION OF DENIAL OF CLAIM — KATHLEEN HARKINS (170.70) —
ITEM CONTINUED
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10. CONSIDERATION OF DENIAL OF CLAIM — ROBERT S. YARAK JR. (170.70) —
ITEM CONTINUED
11. CONSIDERATION OF DENIAL CLAIM — CANDICE NORRIS (170.70) —
ITEM CONTINUED
12. CONSIDERATION OF CLAIMS — WATER RATE REFUNDS (170.70) —
ITEM CONTINUED
13 CONSIDERATION OF A RESOLUTION FOR NOTICE OF COMPLETION FOR
THE SAFE ROUTES TO SCHOOL PROJECT SRTSL — 5372 (013), SIDEWALK
CONSTRUCTION ON NORTH SIDE OF VIA POSITIVA STREET AND THE
INSTALLATION OF LIGHTED CROSSWALK ON CAMINO DEL AVION AT
AVENIDA DESCANSO (CIP 08103) (CHI CONSTRUCTION, INC.) (600.30) —
ITEM CONTINUED
14, CONSIDERATION OF AMENDMENT NO. 1 TO PERSONAL SERVICES
AGREEMENT FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES
FOR THE CITY HALL COMPLEX ROOF REPAIR AND SIDING REPLACEMENT
PROJECT (CIP 15305) (ELEMENTS ARCHITECTURE, INC.) (600.30) —
ITEM CONTINUED
COUNCIL ACTION ITEMS:
H1. ANY FEES ASSOCIATED WITH THE "CELEBRATION OF LIFE" CEREMONY
FOR LONGTIME RESIDENT, CITY COMMISSIONER AND COMMUNITY
VOLUNTEER SHELDON COHEN, AT REATA PARK AND EVENT CENTER ON
SATURDAY, JANUARY 30, 2016, WAIVED (960.20)
Council Member Allevato provided a report.
Public Comments: Kathy Hooper, City Resident; and Anna Dickinson,
City resident (did not speak, but registered her position for the record).
Council Action: Moved by Council Member Allevato, seconded by Council
Member Reeve, and carried unanimously to approve any fees associated with
the "Celebration of Life" ceremony for longtime resident, city commissioner and
community volunteer Sheldon Cohen, at Reata Park and Event Center on
Saturday, January 30, 2016.
H2. CONSIDERATION OF APPOINTMENT OF CITY COUNCIL
REPRESENTATIVES TO OUTSIDE AGENCIES; RESOLUTION DESIGNATING
REPRESENTATIVE 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
(610.60) — ITEM CONTINUED
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ADJOURNMENT:
There being no further business Mayor Patterson adjourned the meeting at 9:42 p.m. to
Monday, January 25, 2016, at 4:00 p.m. for an Adjourned Regular Meeting; and then to
Tuesday, February 2, 2016, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the
public,Business Session, in the City Council Chamber.
Respectfully submitted,
i4
MART R IS, CITY C-L- R
Approved: February 2, 2016
ATT T:
PAM PATTERSON, ESQ., MAY
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