16-0125_CC_Minutes_Adjourned Regular Meeting MINUTES
January 25, 2016
SAN JUAN CAPISTRANO CITY COUNCIL
ADJOURNED REGULAR MEETING
BUSINESS SESSION:
Mayor Patterson called the Adjourned Regular Meeting of January 25, 2016, of the
City Council of the City of San Juan Capistrano to order at 4:09 p.m. in the City Council
Chamber. Council Member Ferguson led the Pledge of Allegiance.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Pam Patterson, Esq., Mayor pro tem
Kerry K. Ferguson, and Council Members Derek Reeve, and Sam Allevato.
COUNCIL MEMBERS ABSENT: Council Member John M. Perry.
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:
• Stephanie Frisch, City resident; Beverly Blake, City resident; Tina Auclair,
City resident; Steve Behmerwohld, City resident; Kathy Hooper, City resident;
Mary Demers, Friends of the Library; Frank G. Larkin, City resident; and
Clint Worthington, City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member
Allevato, and carried 4-0 with Council Member Perry absent to approve consent
calendar items 1, through 6, and 8 through 15, as recommended by staff.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING OF JANUARY 5, 2016,
(CLOSED SESSION) APPROVED.
3. CITY COUNCIL MINUTES — REGULAR MEETING OF JANUARY 5, 2016,
APPROVED.
4. CHECK REGISTERS 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 (CHECKS) DATED DECEMBER 18, 2015; AND PAYROLL
(DIRECT DEPOSITS) DATED DECEMBER 18, 2015, RECEIVED AND FILED
(300.30)
5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
NOVEMBER 30, 2015, RECEIVED AND FILED (350.30)
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6. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
7. RESOLUTION NO. 16-01-25-01 ADOPTED ADJUSTING THE COST OF LIVING
CHANGES RELATED TO THE CITY'S CAMPAIGN CONTRIBUTION LIMITS"
(660.10)
Maria Morris, City Clerk provided an agenda report. Cindy Russell, Chief
Financial Officer/City Treasurer responded to question.
Council Action: Moved by Mayor pro tem Ferguson, seconded by Council
Member Allevato, and carried 4-0 with Council Member Perry absent to adopt
RESOLUTION NO. 16-01-25-01 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADJUSTING THE COST OF LIVING CHANGES RELATED TO THE CITY'S
CAMPAIGN CONTRIBUTION LIMITS."
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Allevato, Ferguson and Mayor Patterson
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Perry
8. VACANCY DECLARED ON THE TRAILS AND EQUESTRIAN COMMISSION;
AND CITY CLERK DIRECTED TO PREPARE AND POST APPROPRIATE
NOTICES TO SOLICIT APPLICATIONS (110.20)
9. CLAIM OF KATHLEEN HARKINS DENIED BASED ON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER,
CARL WARREN AND COMPANY (170.10)
10. CLAIM OF ROBERT S. YARAK JR. DENIED BASED ON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER,
CARL WARREN AND COMPANY (170.10)
11. CLAIM OF CANDICE NORRIS DENIED BASED ON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER,
CARL WARREN AND COMPANY (170.10)
12. WATER REFUND CLAIMS IDENTIFIED IN THE AGENDA REPORT, DENIED,
WHICH WERE FILED WITH THE CITY CLERK (170.70)
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13. RESOLUTION NO. 16-01-25-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE SIDEWALK CONSTRUCTION ON THE NORTH
SIDE OF VIA POSITIVA STREET BETWEEN ALIPAZ STREET AND SCHOOL
DROP-OFF AREA; AND INSTALLATION OF NEW LIGHTED CROSSWALK ON
CAMINO DEL AVION AT AVENIDA DESCANSO (CIP 08103) (CHI
CONSTRUCTION, INC.); AND CITY CLERK DIRECTED TO PROCESS
RECORDING OF THE NOTICE OF COMPLETION; AND STAFF AUTHORIZED
TO RELEASE THE PROJECT RETENTION, IN THE AMOUNT OF $10,297.73,
THIRTY-FIVE DAYS AFTER RECORDATION (600.30)
14. AMENDMENT NO 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
ELEMENTS ARCHITECTURE, INC. FOR $27,000, BRINGING THE TOTAL
CONTRACT AMOUNT NOT TO EXCEED $71,000, FOR PREPARATION OF
DESIGN PLANS AND CONSTRUCTION SUPPORT SERVICES FOR THE
CITY HALL COMPLEX ROOF REPAIR AND SIDING REPLACEMENT
PROJECT (CIP 15305), APPROVED (600.30)
15. ORDINANCE 1028 ADOPTED 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 (660.10)
16. FULL FEE WAIVER REQUEST FROM STONEYBROOKE CHRISTIAN
SCHOOLS FOR ITS ANNUAL SHOE GIVE-AWAY EVENT AT EL CAMINO
REAL PARK ON FEBRUARY 3, 2016, APPROVED (960.20)
David Ott, Interim Assistant City Manager, provided an agenda report.
• Public Comments: Kathy Hooper, City resident.
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Ferguson, and carried 4-0 with Council Member Perry absent to approve a full
fee waiver request from Stoneybrooke Christian Schools for its Annual Shoe
Give-Away Event at EI Camino Real Park on February 3, 2016.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Allevato, Ferguson and Mayor Patterson
NOES: COUNCIL MEMBER: None
ABSENT. COUNCIL MEMBER: Perry
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PLANNING COMMISSION INTERVIEWS:
1. INTERVIEWS CONDUCTED; AND TIMOTHY S. NEELY APPOINTED TO THE
PLANNING COMMISSION VACANCY (110.20)
Maria Morris, City Clerk, conducted a random drawing to set the applicant's
interview order schedule.
The City Council interviewed in the order below the following applicants:
Robert R. Cardoza
Roger D. Hart
Paul L. Jenkinson
Timothy S. Neely.
• Public Comments: Peter Freska, no place of residence provided;
Chris Basantes, City resident; and Rob Williams, City resident.
Maria Morris, City Clerk, conducted the ballot process. The City Council casted
two (2) separate votes by bollot.
Moved by Council Member Reeve, seconded by Council Member Allevato, and
motion failed 2-2-0 with Mayor Patterson and Mayor pro tem Ferguson opposed,
and Council Member Perry absent to appoint Timothy S. Neely to the
Planning Commission, with term ending March 31, 2017.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve and Allevato
NOES: COUNCIL MEMBER: Mayor Patterson and Mayor pro tem Ferguson
ABSENT: COUNCIL MEMBER: Perry
Moved by Council Member Allevato, seconded by Council Member Reeve, and
motion failed 2-2-0 with Mayor Patterson and Mayor pro tem Ferguson opposed,
and Council Member Perry absent to appoint Timothy S. Neely to the
Planning Commission, with term ending March 31, 2017, based upon the vote
conducted by the ballot process (2 votes casted for Timothy S. Neely, 1 vote
casted for Paul L. Jenkinson, and 1 vote casted for Robert R. Cardoza).
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve and Allevato
NOES: COUNCIL MEMBER: Mayor Patterson and Mayor pro tem Ferguson
ABSENT: COUNCIL MEMBER: Perry
Mayor Patterson provided a substitute motion, but motion failed for a lack of a
second to appoint Paul L. Jenkinson to the Planning Commission, with term
ending March 31, 2017.
4 1/25/2016
Council Action: Moved by Council Member Allevato, seconded by
Council Member Reeve, and carried 3-1-0 with Mayor Patterson opposed
and Council Member Perry absent to appoint Timothy S. Neely to the
Planning Commission, with term ending March 31, 2017, following the majority
vote taken by the 2nd ballot (2 votes casted for Timothy S. Neely, i vote casted
for Paul L. Jenkinson, and 1 vote casted for Robert R. Cardoza), after review of
the candidates, the interview process, and the statement made by
Paul L. Jenkinson wishing to withdraw his application from consideration.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Allevato and Mayor pro tem Ferguson
NOES: COUNCIL MEMBER: Mayor Patterson
ABSENT: COUNCIL MEMBER: Perry
COUNCIL ACTION ITEM:
E1, 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 TO FEBRUARY 2, 2016
Council Action: Moved by Mayor pro tem Ferguson, seconded by
Council Member Reeve, and carried 3-1-0 with Council Member Allevato
opposed and Council Member Perry absent to continue the item to
February 2, 2016.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Allevato, Ferguson and Mayor Patterson
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Perry
5 1/25/2016
ADJOURNMENT:
There being no further business Mayor Patterson adjourned the meeting at 5:54 p.m. to
Tues ay, February 2, 2016, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the
publi Business Session, in the City Council Chamber.
Res a- submitted,
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MA ( O RIS, CITY CLER
y
Approved: February 2, 2016
ATT,S
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A ON, ESO., MAYOR
6 1/25/2016