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16-0503_CC_Minutes_Regular Meeting MINUTES May 3, 2016 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Patterson called the Regular Meeting of May 3, 2016, of the City Council of the City of San Juan Capistrano to order at 5:18 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. (left at 10:00 p.m.), 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 CLERK ANNOUNCEMENT: Per Assembly Bill 23, Maria Morris, City Clerk, announced that each Housing Authority Board Member are receiving a $50.00 stipend for conducting the Housing Authority meeting. CITY COUNCIL REPORTS: None. INTRODUCTIONS AND PRESENTATIONS: B1. 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; Rhonda deHaan and Mechelle Lawrence-Adams, Cultural Heritage Commission; Eva Crabbs, and Robert Parks, Parks, Recreation, Senior and Youth Services Commission; Jack Hunt, Utilities Commission; Bob Cardoza, Design Review Committee; Joanne Marquez, Housing Advisory Committee; and, Grant Kinsey, Youth Advisory Board. B2. JOHN MALCOM ELEMENTARY SCHOOL — 5T" GRADE MECHANICAL MARINERS RECOGNIZED FOR WINNING THE 2016 CALIFORNIA VEX ROBOTICS COMPETITION, AND THE 2016 VEX WORLDS COMPETITION (640.10) B3. RECOGNITION OF THE BOYS AND GIRLS CLUB OF CAPISTRANO VALLEY YOUTH OF THE YEAR (640.10) — PRESENTATION MOVED TO MAY 17, 2016 B4, MAY 1 , 2016, THROUGH MAY 7, 2016, PROCLAIMED AS NATIONAL HISTORIC PRESERVATION WEEK (610.40) 1 B5. ASSEMBLYMAN BILL BROUGH, PRESENTED THE CITY COUNCIL WITH A FRAMED PENSION REFORM BILL SIGNED BY GOVERNOR JERRY BROWN (610.40) ORAL COMMUNICATIONS; • Kathy Hooper, City resident; Frank Larkin, City resident; Tina Auclair, City resident; Twila Warren (provided handouts): Keton Singh, San Juan Hills High School Student; Joanne Marquez, Capistrano Villas Homeowner Association III; Yvonne Tschaikowsky, The Ark of San Juan (provided handouts); Steve Behmerwohld, City resident; and Rhonda deHaan, City resident. PUBLIC HEARINGS: D1. RESOLUTION NO. 16-05-03-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION ADOPTED FOR THE 2014-2021 GENERAL PLAN HOUSING ELEMENT (GPA 13-001) AND APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP TO CHANGE THE LAND USE DESIGNATION OF THE 2.5-ACRE NORTHERNMOST PORTION OF 32400 PASEO ADELANTO [APN: 668-101-23/CITY HALL SITE] FROM 4.1 QUASI- INDUSTRIAL TO 2.6 VERY HIGH DENSITY RESIDENTIAL, AND AMENDMENT TO THE HOUSING ELEMENT TO CLARIFY AND ADD SAID SITES TO TABLE 25 AND CORRESPONDING DETAILS;" FIRST READING AND INTRODUCTION OF AN ORDINANCE ENTITLED, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, ADOPTING AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION ADOPTED FOR THE 2014-2021 GENERAL PLAN HOUSING ELEMENT (GPA 13-001) AND APPROVING AN AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE THE 2.5 ACRE NORTHERNMOST PORTION OF 32400 PASEO ADELANTO, ASSESSORS PARCEL NUMBER 668-101-23 FROM COMMERCIAL MANUFACTURING TO VERY HIGH DENSITY RESIDENTIAL (PROJECT NAME: CITY HALL REZONE)(PROJECT NUMBER: RZ 15-001)," APPROVED; AND STAFF DIRECTED TO INVESTIGATE FURTHER AND BRING BACK TO THE CITY COUNCIL A GENERAL PLAN INITIATION FOR THE .05 ACRE DANCE HALL SITE. Laura Stokes, Housing Coordinator/Assistant Planner, provided a PowerPoint presentation and responded to questions. Ben Siegel, City Manager, responded to questions. • Commission Representation: Tim Neely, Planning Commissioner provided the Commission's affirmative viewpoints. Lennie DeCaro, Planning Commissioner provided the opposing viewpoints. Mayor Patterson opened the public hearing and invited public testimony. 2 5/3/2016 • Public Testimony: Kathy Hooper, City resident (spoke under Oral Communications); and Barbara Szemenyei, City resident. Mayor Patterson closed the public hearing. Maria Morris, City Clerk, read the title of the ordinance. Council Action: Moved by Council Member Perry, seconded by Mayor pro tem Ferguson, and carried unanimously to adopt RESOLUTION NO. 16-05-03-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION ADOPTED FOR THE 2014-2021 GENERAL PLAN HOUSING ELEMENT (GPA 13-001) AND APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE MAP TO CHANGE THE LAND USE DESIGNATION OF THE 2.5-ACRE NORTHERNMOST PORTION OF 32400 PASEO ADELANTO [APN: 668-101-23/CITY HALL SITE] FROM 4.1 QUASI-INDUSTRIAL TO 2.6 VERY HIGH DENSITY RESIDENTIAL, AND AMENDMENT TO THE HOUSING ELEMENT TO CLARIFY AND ADD SAID SITES TO TABLE 25 AND CORRESPONDING DETAILS;" approve the first reading and introduction of an Ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, ADOPTING AN ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION ADOPTED FOR THE 2014-2021 GENERAL PLAN HOUSING ELEMENT (GPA 13-001) AND APPROVING AN AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE THE 2.5 ACRE NORTHERNMOST PORTION OF 32400 PASEO ADELANTO, ASSESSORS PARCEL NUMBER 668-101-23 FROM COMMERCIAL MANUFACTURING TO VERY HIGH DENSITY RESIDENTIAL (PROJECT NAME: CITY HALL REZONE)(PROJECT NUMBER: RZ 15-001);" and direct staff to investigate further and bring back to the City Council a General Plan initiation for the .05 acre Dance Hall site. ADMINISTRATIVE ITEMS: E1 CITY MANAGER a. TWENTY (20) YEAR LICENSE AGREEMENT FOR THE USE OF THE JOEL CONGDON HOUSE ON AN APPROXIMATELY 0.75 ACRE AREA LOCATED AT 32701 ALIPAZ STREET WITH ECOCENTER, INC., DBA, THE ECOLOGY CENTER, FOR A MONTHLY FEE OF $2,000 DOLLARS, APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE THE LICENSE AGREEMENT; WITH THE CAVEAT THAT THERE IS A FINDING OF ENVIRONMENTAL AND EDUCATIONAL COMPONENT FOR THE PUBLIC BENEFIT, AND INCLUDE OFF-SITE PARKING FOR EVENTS WITH OVER 100 PEOPLE (600.30) 3 5/3/2016 • Public Correspondence: Jennifer Sparks Bocchino, no residence provided; Mark Varney, no residence provided; Barbara Klein-Robuck, no residence provided; Robin Jones, no residence provided; Susan Short, no residence provided; Tracie Sullivan, Monarch Beach resident; Lindsey Wong, no residence provided; Peng, no residence provided; Christy Jackson, San Clemente resident; Sandra Valles, Dana Point resident; April Lammers, no residence provided; Karen de Grandmaison, San Clemente resident; Carol Caddes, City resident; Michelle Schumacher, no residence provided; David, Cheri and Anouk Rager, no residence provided; Michael Meyer, no residence provided; Hollea Colbert, no residence provided; Keira Malkus, no residence provided; Jesse Greenwald, no residence provided; Lauren Guite, no residence provided; Nicolas Jean, no residence provided; Katie Lewis, no residence provided; Moira Nonnweiler, no residence provided; Vicki Marks, no residence provided; Robert Zuetell, no residence provided; Melissa Layton, no residence provided; Theodore Benderev, City resident; Henry Isles, England resident; Suzanne Moore, no residence provided; Linda Hackwith, no residence provided; Kristi Pine, no residence provided; Peggy Day, no residence provided; Derek Sabori, no residence provided; Greg Goran, no residence provided; KC Robinson, no residence provided; Scott Grimm, no residence provided; Bonnie Lynn, City Resident; Logan Kock, no residence provided; Jan Grimes, no residence provided; Kim Lindekens, City resident; Carrie Weaver, no residence provided; Gila Jones, City resident; Cheryl Paine, no residence provided; Robyn Vettraino, Aliso Viejo resident; Joan Bockman, no residence provided; Pilar Hattoru, no residence provided; Chrisann Gianoli, San Clemente resident; June Yamada, no residence provided; Ann and Jim Shea, no residence provided; Craig and Nancy Pfaffl, Dana Point residents; Diane and Stephen Holmes, City residents; Sarah Venable, no residence provided; Gina di Roma and Dennis Edwards, no residence provided; Michelle Brislen, City resident; Frank Cordero Jr, no residence provided; Jan Siegel, City resident; Tom Hawkins, no residence provided; Tod and Linda White, no residence provided; Eric Kingsbury, no residence provided; Christy Miele, City resident; Rhonda deHaan, City resident; Laura Camp, City resident; Edie Barvin, no residence provided; Vanessa Handy, no residence provided; Alicia M. Doyle, no residence provided; Marnie and Brett Wall, no residence provided; Bailey Van Tassel, Costa Mesa resident; Anne Earhart, no residence provided; Catherine O'Hare, no residence provided; Marlene Ruderman, Laguna Niguel resident; Jeanne Denholm, no residence provided; Ellen Lomonico, Dana Point resident; Lori Kiesser, no residence provided; Fischer Family, no residence provided; Adam Fischer, no residence provided; Scott A. McKee, no residence provided; Tom Leahy, no residence provided; Marin Vaughn, no residence provided; Jim Sieger, no residence provided; Andrew Sieger, no residence provided; Silvia Mazzeo Pule, San Juan Elementary School; Margot Stephenson, no residence provided; Mark Bodenhamer, Chamber of Commerce; Kirk Vartan, San Jose resident; Tony de Witte, City resident; Evan Marks, The Ecology Center; Pam Z., City resident; and, Gary Wahlquist, no residence provided. 4 5/3/2016 David Ott, Interim Assistant City Manager provided an_ agenda report and responded to questions. Ben Siegel, City Manager, responded to questions. Evan Marks, The Ecology Center, provided a PowerPoint presentation, and responded to questions. • Public Comments: Kim McCarthy, City resident; Ryan Wilson, The Ecology Center; Laura Donovan, Chipotle Mexican Grill; Clint Worthington, City resident; Penny Herrick-Dressler, The Ecology Center; and Elizabeth Cobb, City resident. Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Ferguson, and carried 4-1 with Council Member Reeve opposed to approve a twenty (20) year License Agreement for the use of the Joel Congdon House on an approximately 0.75 acre area located at 32701 Alipaz Street with Ecocenter, Inc., dba, The Ecology Center, for a monthly fee of $2,000 dollars; and City Manager authorized to execute the License Agreement; with the caveat that there is a finding of environmental and educational component for the public benefit, and include off-site parking for events with over 100 people. ROLL CALL: AYES: COUNCIL MEMBER: Perry, Allevato, Ferguson and Mayor Patterson NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None E2 PUBLIC WORKS a. CONSIDERATION OF A PROJECT UPDATE PRESENTATION AND CONCEPT PLAN FOR THE NORTHWEST OPEN SPACE COMMUNITY PARK PROJECT (CIP 09209) Steve May, Public Works and Utilities Director, and Khoon Tan, Senior Civil Engineer, provided a PowerPoint presentation and responded to questions. David Contreras, Senior Planner, and Ken Ali-mam, Interim Chief Finance Officer, responded to questions. • Public Comments: Joyce Stanfield Perry and Rebecca Robles, Juaneno Band of Mission Indians, Acjachemen Nation, provided a PowerPoint presentation; Matias (Matt) Belardes, Tribal Chairman, Juaneno Band of Mission Indians; and Rhonda deHaan, City resident. 5 5/3/2016 Council Action: Moved by Mayor pro tem Ferguson, seconded by Council Member Allevato, and carried 4-1 with Council Member Reeve opposed to receive a presentation by staff on the Northwest Open Space Community Park; and consider the comments of the Parks, Recreation, Senior, and Youth Services Commission; the Cultural Heritage Commission; the Trails and Equestrian Commission; the Design Review Committee; and the Planning Commission regarding the new concept plan options; select Concept Plan Option 4, with the following modifications: inclusion of a separate unisex restroom, bubbling rock water feature, phasing planting of shrubs; removing the bleachers and the Americans with Disabilities (ADA) ramp; direct staff to request a proposal from NUVIS Landscape Architects (current designer) for commencement of final design; and allow the Juaneno Band of Mission Indians, Acjachemen Nation to have dedicated use of the park four (4) times a year. Option 4: 1. A paved entry/access road with an entry gate leading from Camino Capistrano to a central parking lot. An exclusive northbound left turn lane into the park will be maintained as part of roadway improvements for safety reasons which will require the widening of a portion of Camino Capistrano. 2. One prefabricated restroom with one "men" and two "women" stalls, inclusive of an attached drinking fountain. 3. A group picnic area consisting of a covered picnic pavilion/shelter with supporting amenities. 4. An expanded group cultural area with a naturally designed amphitheater meeting space, discovery trail, trees, and various depictions of the Native American culture to represent the land's historical and cultural significance. 5. A pole corral for the existing equestrian staging area located immediately south of the park project. 6. The size of the expanded group cultural area is enlarged from approximately 2,400 square feet (0.06 acre) to about one (1) acre to minimally accommodate features as identified by the Putuidem Committee for a cultural village. Proposed amenities include an entry monument, a discovery trail, interpretive trail signage, educational signage/depictions, directional elements/markers, ramadas, kiichas, manos, metates, a Corrone statue with rock water feature, a naturally designed amphitheater with seating for about 150 persons, a storage area, shade trees, and native plant habitat. 7. A cement-treated soil parking lot is proposed in lieu of an unpaved parking area to provide for year-round/all-weather access to the park and to reduce dust. 8. A multi-use trail from the existing equestrian staging area to the proposed restroom building where segregated hitching posts and bicycle rack(s) are provided. 6 5/3/2016 ROLL CALL: AYES: COUNCIL MEMBER: Perry, Allevato, Ferguson and Mayor Patterson NOES: COUNCIL MEMBER: Reeve ABSENT: COUNCIL MEMBER: None E2b. CONSIDERATION OF THE 2016 SUMMER TROLLEY PROGRAM (600.30) • Public Correspondence: Mark Bodenhamer, Chamber of Commerce. Ben Siegel, City Manager, provided an agenda report and responded to questions. George Alvarez, City Engineer, responded to questions. • Public Comments: Rhonda deHaan, City resident. Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem Ferguson, and carried 4-0 with Mayor Patterson absent to suspend the trolley for this year, work with the Orange County Transportation Authority (OCTA) for grant funding for next year, and work with the City of San Clemente and the City of Dana Point for a Tri-Cities Trolley Program. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Perry, Allevato and Mayor pro tem Ferguson NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Mayor Patterson (left at 10:00 p.m.) E3 DEVELOPMENT SERVICES a. CONSIDERATION OF CAMINO REAL PLAYHOUSE'S REQUEST TO INSTALL BUILDING MOUNTED THEATER ATTRACTION SIGNS AT CITY OWNED PROPERTY, 31776 EL CAMINO REAL, AND WAIVE THE DEVELOPER DEPOSIT ASSOCIATED WITH PROCESSING ENTITLEMENTS FOR A SIGN PROGRAM — ITEM CONTINUED TO MAY 17, 2016 • Public Correspondence: Jan Siegel, City resident; and Samini Scheinberg, PC, Richard L. Hutchinson, Samini Scheinberg, LP. E4 CITY CLERK a. DISCUSSION OF CITY COUNCIL POLICY 212 — SELECTION OF COMMISSION/BOARD CHAIRMAN AND VICE-CHAIRMAN — ITEM CONTINUED TO MAY 17, 2016 7 5/3/2016 CONSENT CALENDAR: Council Action: Moved by Council Member Reeve, seconded by Council Member Allevato, and carried unanimously to approve consent calendar items 1 through 16, and 19, as recommended by staff, with Mayor pro tem Ferguson and Council Member Perry abstaining from consent calendar item 5. F1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. F2. CITY COUNCIL MINUTES — SPECIAL MEETING OF APRIL 4, 2016, (CITY COUNCIL AND EXECUTIVE STAFF WORKSHOP), APPROVED F3. CITY COUNCIL MINUTES — SPECIAL MEETING OF APRIL 19, 2016, (CLOSED SESSION), APPROVED F4. CITY COUNCIL MINUTES — REGULAR MEETING OF APRIL 19, 2016, APPROVED F5. REVIEW OF THE CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED APRIL 1 , 2016, TO APRIL 14, 2016; PAYROLL (CHECKS) DATED APRIL 8, 2016; AND PAYROLL (DIRECT DEPOSITS) DATED APRIL 8, 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 tem Ferguson abstained to any checks paid to Excel Electric, due to proximity to her residence. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Allevato and Mayor Patterson NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Perry and Mayor pro tem Ferguson F6. REVIEW OF CASH AND INVESTMENT REPORT FOR THE MONTH ENDED MARCH 31, 2016, RECEIVED AND FILED (350.30) F7. ANNUAL FINANCIAL REPORT FOR OPEN SPACE BONDS MEASURE Y 2015, RECEIVED AND FILED (330.80) F8. CLAIM FROM ERIN FRASCO DENIED BASED ON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN AND COMPANY (170.70) F9. WATER RATE REFUND CLAIM WHICH WAS FILED WITH THE CITY CLERK AND IDENTIFIED IN THE AGENDA REPORT, DENIED (170.70) 8 5/3/2016 F10. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR INFORMATION TECHNOLOGY INFRASTRUCTURE MANAGEMENT AND SUPPORT CONTRACT FOR A FIXED AMOUNT OF $349,548, APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE THE AMENDMENT (600.30) F11. RESOLUTION 16-05-03-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE ALIPAZ STREET DRAINAGE IMPROVEMENT PROJECT (BOUDREAU PIPELINE CORPORATION, CIP 16501);" CITY CLERK DIRECTED TO PROCESS RECORDING OF A NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE PROJECT RETENTION, IN THE AMOUNT OF $3,995, THIRTY-FIVE DAYS AFTER RECORDATION OF THE NOTICE OF COMPLETION (600.30) F12. SECOND AMENDMENT TO THE PERSONAL SERVICES AGREEMENT WITH CANNON PACIFIC SERVICES, INC DBA PACIFIC SWEEPING TO PROVIDE STREET SWEEPING SERVICES MODIFYING: SECTION 2 "TERM" OF THE AGREEMENT TO EXPIRE ON JUNE 30, 2020; SECTION 3 "COMPENSATION" OF THE AGREEMENT TO HOLD PRICING AT CURRENT EXPENSE LEVEL THROUGH EXTENDED TERM OF JUNE 30, 2018, FOR A NOT TO EXCEED AMOUNT OF $154,910 PER FISCAL YEAR, WITH AN INCREASE EFFECTIVE JULY 1, 2018 THROUGH JUNE 30, 2020 FOR A NOT TO EXCEED AMOUNT OF $162,655 PER FISCAL YEAR; AND CITY MANAGER AUTHORIZED TO EXECUTE THE AGREEMENT (600.30) F13. RESOLUTION 16-05-03-03 ADOPTED ENTITLED "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO WAIVE THE FORMAL RFP/RFQ BID PROCESS AS A NON COST-EFFECTIVE APPROACH, AND AUTHORIZING STAFF TO PROCEED WITH AWARDING AN AGREEMENT FOR TREE MAINTENANCE SERVICES; AND CITY MANAGER AUTHORIZED TO EXECUTE A TWO YEAR MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR TREE MAINTENANCE SERVICES FOR AN AMOUNT NOT TO EXCEED $260,000 (600.30) F14. UPDATE ON WATER, NON-POTABLE WATER, AND SEWER RATES EFFECTIVE JULY 1, 2016, RECEIVED AND FILED (610.15) F15. RESOLUTION 16-05-03-04 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING STAGE 2 IRRIGATION SCHEDULE AND MONTHLY DROUGHT LIMITS AND REPEALING RESOLUTION NO. 16-06-16-05 (1050.90) F16. CITY COUNCIL'S REGULAR MEETING DATE OF JUNE 7, 2016, CHANGED TO JUNE 6, 2016 (610.15) 9 5/3/2016 F17. CONSIDERATION OF FULL FEE WAIVER REQUEST FOR FIELD OF HONOR MEMORIAL DAY EVENT (HOMEFRONT AMERICA) -- ITEM CONTINUED TO MAY 17, 2016 F18. CONSIDERATION OF SECOND AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH THE BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY (600.30) — ITEM CONTINUED TO MAY 17, 2016 • Public Correspondence: Jan Siegel, City resident. F19. RESTROOM DONATION FROM THE BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY, ACCEPTED; STAFF DIRECTED TO WORK WITH THE BOYS AND GIRLS CLUBS OF CAPISTRANO VALLEY TO: 1) ENSURE THE PROJECT IS DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH APPLICABLE CODE REQUIREMENTS; 2) DEVELOP AN AGREEMENT CLARIFYING ROLES AND RESPONSIBILITIES OF THE PARTIES ASSOCIATED WITH THE RESTROOM PROJECT AND ONGOING RESTROOM MAINTENANCE; AND, ALL CITY FEES ASSOCIATED WITH PROCESSING THE PROJECT, WAIVED (150.10/390.30) • Public Correspondence: Jan Siegel, City resident. F20. CONSIDERATION OF CURE OF ALLEGED BROWN ACT REGARDING AUTHORIZATION TO REIMBURSE COUNCIL MEMBER FOR LEGAL COSTS (610.85) — ITEM CONTINUED TO MAY 17, 2016 • Public Correspondence: Larry Kramer, City resident. SAN JUAN CAPISTRANO HOUSING AUTHORITY: (Refer to Housing Authority Minutes) SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY: (Refer to Successor Agency Minutes) COUNCIL ACTION ITEMS: 11 . CONSIDERATION OF REMOVING MR. ROBERT WILLIAMS FROM THE PLANNING COMMISSION (110.10) • Public Correspondence: Ken Friess, City resident. Council Member Reeve provided a report. • Public Comments: Rob Williams, Planning Commissioner; Mark Weintraub, City resident; Tracy Weintraub, City resident; Steve Behmerwhold, City resident, Frank Larkin, City resident; Tina Auclair, City resident; Mark Nielsen, City resident; and Steve Oedekerk, Hotel Capistrano, a Kimpton Hotel. 10 5/3/2016 Council Action: Moved by Mayor pro tem Ferguson, seconded by Council Member Perry, and carried unanimously to table the item as such time as there is a Fair Political Practices Commission (FPPC) adjudication or finding, and revisit at that time, if necessary. ROLL CALL: AYES: COUNCIL MEMBER: Perry, Ferguson and Mayor Patterson NOES: COUNCIL MEMBER: Reeve and Allevato ABSENT: COUNCIL MEMBER: None Council Member Reeve offered a substitute motion, seconded by Council Member Allevato, but failed 3-2 with Council Member Perry, Mayor pro tem Ferguson and Mayor Patterson opposed to have Planning Commissioner Robert Williams ordered by the City Council to recuse himself from any matters related to the Historic Town Center Master Plan (HTC), and the Hotel Capistrano by Kimpton. ROLL CALL: AYES: COUNCIL MEMBER: Reeve and Allevato NOES: COUNCIL MEMBER: Perry, Ferguson and Mayor Patterson ABSENT: COUNCIL MEMBER: None ADJOURNMENT: There being no further business Mayor pro tem Ferguson adjourned the meeting at 10:04 p.m. to Tuesday, May 17, 2016, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public Business Session; and then to Wednesday, May 18, 2016, at 5:00 p.m. for an Adjourned Regular Meeting, in the City Council Chamber. Respectfully submitte ,_ (I _q—J llkARIA MORRIS, PTY CLERK Approved: May 17, 2016 ATTEST: PWIPATTERSON, SQ., -QR_ 11 5/3/2016