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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) 1 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) 2 1/25/2016 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 3 1/25/2016 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, r MA ( O RIS, CITY CLER y Approved: February 2, 2016 ATT,S �2- A ON, ESO., MAYOR 6 1/25/2016