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