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16-0315_CC_Minutes_Regular MeetingMINUTES March 15, 2016 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Patterson called the Regular Meeting of March 15, 2016, of the City Council of the City of San Juan Capistrano to order at 5:27 p.m. in the City Council Chamber. Council Member Allevato led the Pledge of Allegiance and Mayor protem 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. INTRODUCTIONS AND PRESENTATIONS: 1. MAYOR PRO TEM FERGUSON INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Gerald Muir, Parks, Recreation, Senior and Youth Services Commission, Design Review Committee, and Youth Advisory Board; Ron Denman and Thomas Perrin, Jr., Parks, Recreation, Senior and Youth Services Commission; Jack Hunt, Utilities Commission; Bob Cardoza, Design Review Committee; Luciana Tavira, and Emily Friess, Youth Advisory Board. ORAL COMMUNICATIONS: • Monique Rea, City resident; Beverly Blake, City resident; Jack Hunt, City resident; Luciana Tavera, Youth Advisory Board; Mary Demers, Friends of the Library; and Steve Behmerwohld, City resident. PUBLIC HEARING: D1 . FIRST READING AND INTRODUCTION OF AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO SECTOR "C" OF THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 78-01 ESTABLISHED BY LAND USE CODE SECTION 9-3.315 PLANNED COMMUNITY TO ALLOW MEDICAL AND DENTAL USES AS A PERMITTED, PRINCIPAL USE (PROJECT NAME: ORTEGA COTTAGES) (PROJECT NUMBER: CA 15-004) (APPLICANT NAME: DUNBAR ORTEGA, LLC), APPROVED (420.40) Laura Stokes, Housing Coordinator/Assistant Planner, provided a PowerPoint presentation and responded to questions. 1 Mayor Patterson opened the public hearing, and invited public testimony. • Commission Representation: Stephen Rice, Planning Commission, provided the Commission's viewpoints. • Public Testimony: Ross Mitchell, Dunbar Ortega, LLC. 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 Allevato, and carried 4-1 with Mayor Patterson opposed to approve the first reading and introduction of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO SECTOR "C" OF THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 78-01 ESTABLISHED BY LAND USE CODE SECTION 9-3 .315 PLANNED COMMUNITY TO ALLOW MEDICAL AND DENTAL USES AS A PERMITTED, PRINCIPAL USE (PROJECT NAME: ORTEGA COTTAGES) (PROJECT NUMBER: CA 15-004) (APPLICANT NAME: DUNBAR ORTEGA, LLC)." ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER: Reeve, Perry, Allevato and Mayor protem Ferguson COUNCIL MEMBER: Mayor Patterson COUNCIL MEMBER: None ADMINISTRATIVE ITEMS: E1 FINANCE a. INFORMATIONAL REPORT REGARDING COMMUNITY FACILITIES DISTRICT NO. 98-1 (PACIFICA SAN JUAN), RECEIVED AND FILED; AND STAFF DIRECTED TO RETURN TO THE CITY COUNCIL IN APRIL 2016 WITH THE SECOND AMENDED AND RESTATED JOINT COMMUNITY FACILITIES AGREEMENT (340.40) Ken Al-lmam, Interim Chief Financial Officer, provided a PowerPoint presentation and responded to questions. • Public Comments: Tim Cannon, City resident; Paul Jenkinson, Pacifica San Juan Residents for Fair Taxation; and Chris Pasitas, City resident. Council Action: Moved by Council Member Allevato, seconded by Council Member Reeve, and carried unanimously to receive and file the informational report regarding Community Facilities District No. 98-1 (Pacifica San Juan); and direct staff to return to the City Council in April 2016 with the Second Amended and Restated Joint Community Facilities Agreement. 2 3/15/2016 E2 PUBLIC WORKS a. PROPOSAL BY THE SAN JUAN CAPISTRANO OPEN SPACE FOUNDATION TO CONSTRUCT A SPLIT-RAIL FENCE SEPARATING A CLASS 1 BIKEWAY AND EQUESTRIAN TRAIL ADJACENT TO TRACT 17441 (THE OAKS), DEFERRED (930.40/930.50) Ben Siegel, City Manager, provided an agenda report and responded to questions. • Public Comments: Brenda Miller, San Clemente resident; Monique Rea, City resident; Laura Cohen, City resident; and Anna Dickinson, City resident. Moved by Council Member Allevato, seconded by Council Member Perry, and motion failed 2-3 with Council Member Reeve, Mayor pro tern Ferguson and Mayor Patterson opposed to direct staff to accept the proposal from the San Juan Capistrano Open Space Foundation to donate the labor to construct a split-rail fence adjacent to Tract 17441 (The Oaks). Council Action : Moved by Council Member Reeve, seconded by Council Member Perry, and carried unanimously to defer the installation of the split-rail fence and monitor use of the new bikeway and equestrian trail. E3 DEVELOPMENT SERVICES a. FIRST READING AND INTRODUCTION OF AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE PERMITTING OR ESTABLISHMENT IN RESIDENTIAL ZONES OF CONGREGATE LIVING FACILITIES, SUBJECT TO REASONABLE ACCOMMODATION, TO ALLOW TIME FOR CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE CITY MUNICIPAL CODE • Public Correspondence: Warren Hanselman, City resident. Sergio Klotz, Assistant Development Services Director, provided an agenda report and responded to questions. Ben Siegel, City Manager and Jeff Ballinger, City Attorney, responded to questions. • Public Comments : Karen Marton, Rocco Farabella, Erica Cox and Krista Bates, City residents, did not speak, but rather registered their position on the item; Warren Hanselman, City resident (provided a PowerPoint); Dee Tyler, City resident; Vivienne DaCosta, City resident; Ann Ludwig, City resident; David Ludwig, City resident; Laura Schmidt, City resident. Maria Morris, City Clerk, read the title of the Ordinance. 3 3/15/2016 Council Action: Moved by Mayor pro tern Ferguson, seconded by Council Member Allevato, and carried 4-1 with Council Member Reeve opposed to approve the first reading and introduction of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA IMPOSING A TEMPORARY MORATORIUM ON THE PERMITTING OR ESTABLISHMENT IN RESIDENTIAL ZONES OF CONGREGATE LIVING FACILITIES, SUBJECT TO REASONABLE ACCOMMODATION, TO ALLOW TIME FOR CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE CITY MUNICIPAL CODE." ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER: Perry, Allevato, Ferguson and Mayor Patterson COUNCIL MEMBER: Reeve COUNCIL MEMBER: None CONSENT CALENDAR: Council Action: Moved by Council Member Reeve, seconded by Council Member Perry, and carried 4-1 with Council Member Allevato absent (Stepped out of the Council Chamber) to approve consent calendar items 1 through 7, as recommended by staff, with Mayor pro tern Ferguson and Council Member Perry abstaining from consent calendar item 4. 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2. CITY COUNCIL MINUTES -SPECIAL MEETING OF MARCH 1, 2016, (CLOSED SESSION), APPROVED 3. CITY COUNCIL MINUTES -REGULAR MEETING OF MARCH 1, 2016, APPROVED 4. CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED FEBRUARY 5, 2016, TO FEBRUARY 18, 2016; PAYROLL (CHECKS) DATED FEBRUARY 12, 2016; PAYROLL (DIRECT DEPOSITS) DATED FEBRUARY 12, 2016; PAYROLL (CHECK) DATED FEBRUARY 25, 2016; PAYROLL (CHECKS) DATED FEBRUARY 26, 2016; AND PAYROLL (DIRECT DEPOSITS) DATED FEBRUARY 26 , 2016, RECEIVED AND FILED (300.30) Council Member Perry abstained on any possible checks paid to the San Juan Hills Golf Club, due to proximity of his residence with the San Juan Hills Golf Club. Mayor pro tern Ferguson abstained to any checks paid to Excel Electric, due to proximity to her residence. ROLL CALL: AYES: NOES: ABSENT: ABSTAINED: COUNCIL MEMBER: Reeve and Mayor Patterson COUNCIL MEMBER: None COUNCIL MEMBER: Allevato COUNCIL MEMBER: Perry and Mayor protem Ferguson 4 3/15/2016 5. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.1 0) 6. RESOLUTION NO. 16-03-15-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING THE WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CITY HALL COMPLEX ROOF REPAIR AND SIDING REPLACEMENT PROJECT (UNITED BUILDING AND DEVELOPMENT SERVICES LLC) (CIP 15305) (600.30) 7. RESOLUTION NO. 16-03-15-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO WAIVE THE FORMAL REQUEST FOR PROPOSAL/REQUEST FOR QUALIFICATION BID (RFP/RFQ) PROCESS AS A NON COST-EFFECTIVE APPROACH, AND AUTHORIZING STAFF TO PROCEED WITH AWARDING AN AGREEMENT FOR WEED, RUBBISH AND THISTLE ABATEMENT;" and City Manager authorized to execute a Maintenance Services Agreement with E. Stewart and Associates, Inc., for weed, rubbish, winter preparation, and thistle abatement, for an amount not to exceed $240,000. 8. REGULAR MEETING SCHEDULE REVISED BY CANCELING THE CITY COUNCIL MEETINGS OF JULY 5, 2016, DECEMBER 20, 2016, AND JANUARY 3, 2017 (610.15) Council Action: Moved by Council Member Reeve, seconded by Council Member Perry, and carried unanimously to revise the regular meeting schedule of the City Council by canceling the City Council Meetings of July 5, 2016, December 20, 2016, and January 3, 2017. 9. UPDATE ON THE STATE WATER RESOURCES CONTROL BOARD (SWRCB) ADOPTION OF AN EXTENDED EMERGENCY WATER CONSERVATION REGULATION, WHICH REQUIRES CONTINUATION OF THE CITY'S STAGE 2 WATER ALERT PROVISIONS AS ESTABLISHED BY WATER CONSERVATION URGENCY ORDINANCE 1024, RECEIVED AND FILED; AND INFORMATIONAL UPDATE ON DROUGHT LIMIT PENALTIES ASSESSED FOR EXCESS WATER USE, RECEIVED AND FILED (1050.90) Noreen Swiontek, Senior Management Analyst, provided a PowerPoint presentation and responded to questions. Council Action : Moved by Council Member Allevato, seconded by Council Member Perry, and carried unanimously to receive and file an update on the State Water Resources Control Board (SWRCB) adoption of an extended Emergency Water Conservation Regulation, which requires continuation of the City's Stage 2 Water Alert provisions as established by Water Conservation Urgency Ordinance 1 024; and receive and file informational update on Drought Limit penalties assessed for excess water use. 5 3/15/2016 SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY: (Refer to Successor Agency Minutes) COUNCIL ACTION ITEMS: 1. MEMORANDUM PROVIDED BY LSA ASSOCIATES, INC. REGARDING THE 2002 STRATEGIC TRANSPORTATION PLAN PREPARED FOR THE CITY OF SAN JUAN CAPISTRANO PERTAINING TO THE ORTEGA HIGHWAY WIDENING IMPROVEMENT PROJECT, DISCUSSED (800.20) -NO ACTION TAKEN Council Member Allevato provided a report. • Public Comments: Anna Dickinson, City resident; Bob Cardoza (provided handout); Marsha Bise, City resident; Laura Cohen, City resident; Clint Worthington, City resident; and Lennie DeCaro, City resident. 2. CITY COUNCIL AGENDA ORDER CHANGED BY MOVING UP THE "CITY COUNCIL REPORTS" BEFORE "INTRODUCTIONS AND PRESENTATIONS;" AND "CITY COUNCIL REPORTS" LIMITED TO THREE (3) MINUTES FOR EACH COUNCILMEMBER (61 0.1 0) Mayor pro tern Ferguson provided a report. • Public Comments: Anna Dickinson, City resident. Council Action: Moved by Council Member Perry, seconded by Mayor Patterson, and carried 4-1 with Council Member Reeve opposed to changing the City Council Agenda Order by moving up the "City Council Reports" before "Introductions and Presentations;" and limit the "City Council Reports" to three (3) minutes for each Council member. ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER: Perry, Allevato, Ferguson and Mayor Patterson COUNCIL MEMBER: Reeve COUNCIL MEMBER: None CITY COUNCIL REPORTS: • Council Member Perry provided a report on a Metropolitan Water District Meeting. • Council Member Allevato thanked the Fiesta Association, volunteers and staff for a great Fiesta de Las Golondrinas Parade; and asked that City Council Reports be provided to the City Council in their mail slots. • Mayor pro tern Ferguson provided a report on the following: Southern California Association of Governments (SCAG) Meeting; Transportation Corridor Agencies Board Meetings; and felt that having City Council Reports inserted with a newsletter in the water bills would be informative to the public. • Mayor Patterson thanked staff, the Chamber of Commerce, and El Adobe Restaurant for the State of the City Event. 6 3/15/2016 ADJOURNMENT: There being no further business Mayor Patterson adjourned the meeting at 9:02 p.m. to Tuesday, April 5, 2016, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public Busine~s Session, in the City Council Chamber. I ., I Respectfull1 submitte.d, ' ! ! Approved: April 5, 2016 7 3/15/2016