16-0920_CC_Minutes_Regular MeetingMINUTES
Septemb~r 20, 2016
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION :
Mayor Patterson called the Regular Meeting of September 20, 2016, of the
City Council of the City of San Juan Capistrano to order at 5:08 p.m. in the
City Council Chamber. Council Member Perry led the Pledge of Allegiance, and
Council Member Allevato 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.
CITY COUNCIL REPORTS :
• Council Member Perry reported on the following: attending the 9/11
Remembrance Ceremony at the Orange County Fire Authority Station 7.
• Council Member Allevato reported on the following: attending the San Juan
Capistrano Historical Society-Annual Heritage Barbeque.
• Mayor pro tem Ferguson reported on the following: attending the Homefront
America -Heroes Nite Out Event.
• Mayor Patterson reported on the following: attending the Vector Control Meeting;
and the SONGS Decommissioning Community Engagement Panel Meeting; and
announced the creation of a Mayoral Special Needs Subcommittee.
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; Ron Denman, and Thomas Perrin, Parks, Recreation, Senior and Youth
Services Commission; Jill Hanna, Trails and Equestrian Commission;
Bob Cardoza, Design Review Committee; and Emily Friess and Ella Friess,
Youth Advisory Board.
B2. SEPTEMBER 17TH-23R 0 DECLARED AS CONSTITUTION WEEK (610.40)
B3. SEPTEMBER 2016 DECLARED AS WORLD ALZHEIMER'S AWARENESS
MONTH (61 0.40)
1
B4 . FATHER JAMES "JIMMY" NIEBLAS , SOB RECOGNIZED FOR HIS 50 YEARS
OF RELIGIOUS LIFE, AND 30 YEARS OF PRIESTHOOD AS THE FIRST
JUANENO PRIEST (61 0.40)
ORAL COMMUNICATIONS :
• The following City residents from the Paseo Peregrina neighborhood submitted
correspondence : Bobbie and Arnie Neiss; Frank Niu, Mary Zheng and Lily Niu;
Marjorie Riobbins; Dennis and Adrian Bronco; Laura Dai and Family; and,
Joyce Swaving .
• Public Comments: Steve Behmerwohld, City resident; Monique Rea,
City resident ; Donna Fleming, City resident; Dan Glasgow , City resident ; Claire
Elkins, City resident; Larry B. City resident; Vickie Killeen, Dana Point resident
(provided handouts); Noma (no last name provided), City resident; Adrian
Bronco, City resident; Jailyn Osborne and Kimberly Ward, 3Peace Studios, Inc .
(provided handouts); Sandra Stephens , City resident; Arnie Neiss , City resident;
and Mary Zheng , City resident (provided video).
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member
Allevato, and carried unanimously to approve consent calendar items 1 through 5, 7, 8,
9, 11, 12 and 13, as recommended by staff with, Mayor pro tem Ferguson and
Council Member Perry abstaining from consent calendar item 4 .
D1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED .
D2 . CITY COUNCIL MINUTES -SPECIAL MEETING OF SEPTEMBER 6, 2016 ,
(CLOSED SESSION), APPROVED
D3 . CITY COUNCIL MINUTES -REGULAR MEETING OF SEPTEMBER 6, 2016,
APPROVED
D4 . REVIEW OF THE CHECK REGISTER FOR ELECTRONIC TRANSACTIONS
AND CHECKS DATED AUGUST 19 , 2016, TO SEPTEMBER 1, 2016;
PAYROLL (CHECKS) DATED AUGUST 26; AND PAYROLL (DIRECT
DEPOSITS) DATED AUGUST 26 , 2016 , RECEIVED AND FILED (330.30)
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 protem Ferguson abstained to any checks paid
to Excel Electric, due to proximity to her residence.
ROLL CALL :
AYES :
NOES:
ABSENT:
ABSTAINED :
COUNCIL MEMBER: Reeve , Allevato and Mayor Patterson
COUNCIL MEMBER: None
COUNCIL MEMBER: None
COUNCIL MEMBER : Perry and Mayor protem Ferguson
2 9/20/2016
D5 . NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVE AND
FILED (440.20)
D6 . ALIGNMENT A PLUS A-1 FOR THE EASTERN OPEN SPACE TRAIL
ALIGNMENT THROUGH THE RANCHO MISSION VIEJO RIDING PARK AT
SAN JUAN CAPISTRANO (CIP 17202), APPROVED; NEW PROJECT
(CIP 17202) ADDED TO THE CITY 'S FISCAL YEAR 2016/17 CAPITAL
IMPROVEMENT PROJECT WITH A TOTAL PROJECT BUDGET OF $246,250;
TRANSFER OF $109,000 FROM THE EAST OPEN SPACE TRAIL/BIKEWAY
GAP CLOSURE PROJECT (CIP 11203) TO THIS NEW PROJECT (CIP 17202),
APPROVED; $137,250 APPROPRIATED FROM PARK IN LIEU FEES INTO
CIP 17202; AND CITY MANAGER AUTHORIZED TO EXECUTE ANY
RELATED AGREEMENTS, DOCUMENTS, CONTRACTS, OR BUDGET
ADJUSTMENTS/TRANSFERS ASSOCIATED WITH THIS PROJECT (930.50)
Dori Budde, Community Services Director, responded to questions .
Coun cil Ac ti o n : Moved by Council Member Reeve, seconded by Mayor pro
tem Ferguson, and carried unanimously to approve Alignment A plus A-1 for
the Eastern Open Space Trail Alignment through the Rancho Mission Viejo
Riding Park at San Juan Capistrano; add a new project (CIP 17202) to the
City's Fiscal Year 2016/17 Capital Improvement Program with a total project
budget of $246,250 ; transfer $109,000 from the East Open Space
Trail/Bikeway Gap Closure Project (CIP 11203) to this new project
(CIP 17202); appropriate $137,250 from Park In Lieu fees into CIP 17202; and,
authorize the City Manager to execute any related agreements, documents,
contracts, or budget adjustments/transfers associated with this project.
D7 . LABOR AND AND MATERIAL WORK APPROVED VIA EMERGENCY
PURCHASING AUTHORIZATION PROCESS FOR CHARLES P. CROWLEY
COMPANY, INC. IN THE AMOUNT OF $8,829.28 (FOR THE REPLACEMENT
OF TWO PRIMARY DISINFECTANT INJECTION PUMPS FOR THE
GROUNDWATER RECOVERY PLANT), APPROVED (370.30)
D8 . RESOLUTION NO. 16-09-20-01 ADOPTED INITIATING A GENERAL PLAN
AMENDMENT STUDY ON WHETHER TO ALLOW, UNDER LIMITED
CIRCUMSTANCES, EXISTING WAREHOUSE/STORAGE FACILITIES IN THE
CITY 'S QUASI-INDUSTRIAL LAND USE DESIGNATED AREAS TO EXPAND
INTERNALLY AS SELF-STORAGE FACILITIES IF THEY ARE ALREADY
EXCEEDING THE CURRENT MAXIMUM FLOOR AREA RATIO (440.25)
09 . CITY MANAGER AUTHORIZED TO EXECUTE AN AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER
INTERNATIONAL, INC. FOR PLANNING DEVELOPMENT MANAGEMENT
SERVICES FOR A TOTAL AMOUNT NOT-TO-EXCEED $300,000 (600.30)
3 9/20/2016
D10 . CONSIDERATION OF APPROVAL OF AMENDMENT NO. 1 TO THE
PERSONAL SERVICES AGREEMENT FOR FINAL DESIGN FOR THE
NORTHWEST OPEN SPACE COMMUNITY PARK PROJECT (NUVIS
LANDSCAPE ARCHITECTURE AND PLANNING); AND APPROPRIATION OF
FUNDS (CIP 09209) (600.30)
Steve May, Utilities and Public Works Director, provided an agenda report and
responded to questions. Ben Siegel, City Manager, responded to questions.
• Public Comments: Robert Cardoza, City resident.
Counci l Action : Moved by Council Member Perry, seconded by Council Member
Reeve, and carried unanimously to send the design of the Northwest Open
Space Community Park Project (without input from NUV/S Landscape
Architecture and Planning) back to the original design committees (Parks,
Recreation, Senior and Youth Services Commission and the Putuidem
Committee) for their review and recommendation to the City Council on the
design, and sustainability, such as yearly maintenance costs, and estimated
revenues from events ; and, direct staff to bring back the recommendation to the
City Council, along with a Request for Proposals (RFP) for design services.
D11. PLANNING COMMISSION'S REPORT REGARDING THE FINDINGS THAT
THE FISCAL YEAR 2016 THROUGH 2023 CAPITAL IMPROVEMENT REPORT
CONFORMS TO THE CITY'S ADOPTED GENERAL PLAN, RECEIVED AND
FILED (330.40)
D12 . CITY MANAGER AUTHORIZED TO EXECUTE THE FIRST AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
SAN JUAN CAPISTRANO AND THE BLAS AGUILAR ADOBE NATURE
EDUCATION FACILITY GRANT PROJECT, TO EXTEND THE EXPIRATION
DATE FROM JUNE 30, 2016, TO JUNE 30, 2017 (CIP 07403) (600.30)
D13 . RESOLUTION NO. 16-09-20-02 ADOPTED DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CAMINO
CAPISTRANO ATHLETIC ARENA COURT RESURFACING PROJECT, BY
TAYLOR TENNIS COURTS, INC. (CIP 15304); CITY CLERK DIRECTED TO
PROCESS RECORDING OF A NOTICE OF COMPLETION FOR THE
PROJECT; AND, STAFF AUTHORIZED TO RELEASE THE PROJECT
RETENTION IN THE AMOUNT OF $2,499.75 THIRTY-FIVE DAYS AFTER
RECORDATION OF THE NOTICE OF COMPLETION (600.30)
4 9/20/2016
PUBLIC HEARINGS:
E1. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED
ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION 6-9.814 TO
ARTICLE 8 OF CHAPTER 9 OF TITLE 6 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE PERTAINING TO WASTEWATER DISCHARGE
REGULATIONS (1040.30)
Steve May, Utilities and Public Works Director, provided an agenda report and
responded to questions.
Mayor Patterson opened the public hearing and invited public testimony. No
public testimony was received. 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 unanimously to approve the introduction
and first reading of an ordinance entitled "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADDING SECTION 6-9.814 TO ARTICLE 8 OF CHAPTER 9 OF TITLE 6 OF
THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO
WASTEWATER DISCHARGE REGULATIONS."
E2 . AGENDA REPORT WITH APPLICANT'S LETTER, DATED
SEPTEMBER 14, 2016, REQUESTING WITHDRAWAL OF APPLICATIONS
(ARCHITECTURAL CONTROL (AC) 15-035/GRAD/NG PLAN MOD/FICA TION
(GPM) 16-006/AMENDMENT TO THE PLAZA BANOERAS HOTEL
COMPREHENSIVE DEVELOPMENT PLAN (COP) 10-01/ADOENDUM TO
ENVIRONMENTAL IMPACT REPORT FOR THE PLAZA BANDERAS HOTEL
(SCH #2010051075)/REV/EW OF DEVELOPMENT PLANS FOR A PROPOSED
124 ROOM HOTEL) FOR MODIFICATIONS OF THE APPROVED PLAZA
BANDERAS HOTEL AND MIXED USE PROJECT, ALSO KNOWN AS INN AT
THE MISSION SAN JUAN CAPISTRANO, RECEIVE AND FILED (440.10)
Joel Rojas, Development Services Director, provided a staff report.
Council Action : Moved By Council Member Reeve, Seconded by
Council Member Perry, and carried unanimously to receive and file the agenda
report with letter from Applicant, dated September 14, 2016, requesting
withdrawal of applications (Architectural Control (AC) 15-035/Grading Plan
Modification (GPM) 16-006/Amendment to the Plaza Banderas Hotel
Comprehensive Development Plan (COP) 10-01/Addendum to Environmental
Impact Report for the Plaza Banderas Hotel (SCH #2010051075)/Review of
Development Plans for a proposed 124 Room hotel) for modifications of the
approved Plaza Banderas Hotel and mixed use project, also known as Inn at the
Mission San Juan Capistrano.
5 9/20/2016
ADMINISTRATIVE ITEMS:
E1. DEVELOPMENT SERVICES
RESOLUTION NO. 16-09-20-03 ADOPTED INITIATING A GENERAL PLAN
AMENDMENT STUDY FOR A PROPOSED COMMERCIAL AND RESIDENTIAL
DEVELOPMENT PROJECT REFERRED TO AS THE FARM AT DEL OBISPO
TO BE LOCATED APPROXIMATELY 34 ACRES OF THE 43-ACRE
VERMEULEN RANCH PROPERTY AT 32382 DEL OBISPO STREET
(ASSESSOR PARCEL NUMBERS 121-182-17 AND 121-182-53) AND MAKING
A DETERMINATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT IN CONNECTION THEREWITH;" AND STAFF DIRECTED TO
BRING TO THE CITY COUNCIL AS A SEPARATE ITEM OPTIONS FOR THE
CITY TO ACQUIRE/PURCHASE THE VERMEULEN RANCH PROPERTY
(440.25)
Joel Rojas, Development Services Director, provided a PowerPoint Presentation
and responded to questions; Jeff Ballinger, City Attorney, responded to questions .
Kevin Ennis, Richards, Watson & Gershon, responded to questions
• Public Comments: Troy Bourne, Applicant, Spieker ·Senior Development;
Phillip Schwartze, Bonsall resident; Steve Behmerwohld, City resident;
John Campbell, City resident; Karen McDonald, City resident;
Ted Rosenfeldt, City resident; and Barbara Szemenyei, City resident.
Council Action: Moved by Council Member Perry, seconded by
Mayor protem Ferguson, and carried4-1 with Mayor Patterson opposed to adopt
RESOLUTION NO. 16-09-20-03 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING A GENERAL PLAN AMENDMENT STUDY FOR A PROPOSED
COMMERCIAL AND RESIDENTIAL DEVELOPMENT PROJECT REFERRED
TO AS THE FARM AT DEL OBISPO TO BE LOCATED APPROXIMATELY 34
ACRES OF THE 43-ACRE VERMEULEN RANCH PROPERTY AT 32382 DEL
OBISPO STREET (ASSESSOR PARCEL NUMBERS 121-182-17 AND 121-182-
53) AND MAKING A DETERMINATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH;" and direct
staff to bring to the City Council as a separate item options for the City to
acquire/purchase the Vermeulen Ranch property.
ROLL CALL :
AYES:
NOES:
ABSENT :
COUNCIL MEMBER: Reeve, Perry, Allevato and Mayor protem Ferguson
COUNCIL MEMBER: Mayor Patterson
COUNCIL MEMBER: None
6 9/20/2016
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS: None.
ADJOURNMENT:
There being no further business Mayor Patterson adjourned the meeting at 8:35 p .m.
to Tuesday, October 4, 2016, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the
public Business Session, in the City Council Chamber.
I ,
lly submitted,
Approved: October 4, ·20
7 9/20/2016