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16-1004_CC_Minutes_Regular Meeting MINUTES October 4, 2016 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Patterson called the Regular Meeting of October 4, 2016, of the City Council of the City of San Juan Capistrano to order at 5:05 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,, 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: • Mayor pro tem Ferguson reported on the following: attending the OC Lab Ribbon Cutting Ceremony; Southern California Association of Governments (SCAG) Meeting; and Association of California Cities — Orange County (AOCC-OC) Meeting, • Mayor Patterson 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, Parks, Recreation, Senior and Youth Services Commission; and Mark Speros, Planning Commission. B2. USA 80 SENIOR BASKETBALL TEAM RECOGNIZED FOR WINNING THE STATE CHAMPIONSHIP (610.40) B3. OCTOBER 9 — 16, 2016, PROCLAIMED AS "FIRE PREVENTION WEEK" (610.40) 1 ORAL COMMUNICATIONS: • Public Correspondence: Tom Ostensen, City resident; Jan Siegel, City resident; and Larry Kramer, City resident, Public Comments: Mary Zheng, City resident (provided PowerPoint); Adrian Bronco, City resident; Dominique Cox, Boy Scouts Troop 724, presented Lt. Scott Spalding, Chief of Police Services, thank you cards from the Operation Support Orange County Sheriffs Project; Monique Rea, City resident; and Donna Fleming, City resident. CONSENT CALENDAR: Council Action: Moved by Council Member Reeve, seconded by Council Member Perry, and carried unanimously to approve consent calendar items 1 through 7, and 9 through 14, as recommended by staff with Council Member Perry abstaining from consent calendar item 4; and City Council Member Allevato opposed to Consent Calendar 14. D1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. D2, CITY COUNCIL MINUTES — SPECIAL MEETING OF SEPTEMBER 20, 2016, (CLOSED SESSION), APPROVED D3. CITY COUNCIL MINUTES — REGULAR MEETING OF SEPTEMBER 20, 2016, APPROVED D4. REVIEW OF THE CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED SEPTEMBER 2, 2016, TO SEPTEMBER 15, 2016; PAYROLL (CHECKS) DATED SEPTEMBER 9, 2016; PAYROLL (DIRECT DEPOSITS) DATED SEPTEMBER 9, 2016; AND PAYROLL (CHECKS) DATED SEPTEMBER 15, 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. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Allevato, Ferguson and Mayor Patterson NOES: COUNCIL MEMBER: None ABSENT, COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Perry D5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED AUGUST 31, 2016, RECEIVED AND FILED (350.30) 2 10/4/2016 D6. ORDINANCE 1036 ADOPTED 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) D7, CITY CLERK EMPLOYMENT AGREEMENT WITH MARIA MORRIS, APPROVED (600.30) D8. VACANCY ON THE DESIGN REVIEW COMMITTEE DECLARED; AND CITY CLERK DIRECTED TO PREPARE AND POST APPROPRIATE NOTICES AND SOLICIT APPLICATIONS (110.20) Council Action: Moved by Council Member Allevato, seconded by Council Member Reeve, and carried unanimously to approve declaring a vacancy on the Design Review Committee; and to direct the City Clerk to prepare and post appropriate notices and solicit applications. D9. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO, 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH LILLEY PLANNING GROUP, INC., FOR PLANNING DEVELOPMENT MANAGEMENT AND PLANNING COUNTER SERVICES, FOR A TOTAL AMOUNT NOT-TO-EXCEED $200,000 (600.30) D10. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KOA CORPORATION TO PERFORM PROFESSIONAL ENGINEERING SERVICES TO PREPARE PLANS, SPECIFICATIONS AND COST ESTIMATES, AND TO PROVIDE CONSTRUCTION ENGINEERING SUPPORT FOR THE CITY-WIDE BIKEWAY GAP CLOSURE PROJECT (CIP 11203), FOR AN AMOUNT NOT TO EXCEED $57,000, WHICH INCLUDES A 10% CONTINGENCY (600.30) D11. CLAIM OF BRUCE ALLEN DENIED BASED ON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY (170.70) D12. RESOLUTION NO. 16-10-04-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO. CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974" (RESCINDING RESOLUTION NO. 15-05-05-02) (640.40) D13. RESOLUTION NO. 16-10-04-02 ADOPTED ENTITLED '"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO ABANDON AND SELL CITY-OWNED PARK LAND PURSUANT TO THE MUNICIPAL PARK ABANDONMENT LAW OF 1939 (GOVERNMENT CODE SECTIONS 38501 ET SEQ.)" (670.70) 3 10/4/2016 D14. FILING OF THE ARTICLES OF INCORPORATION FOR SAN JUAN CAPISTRANO CITY FOUNDATION, A CITY NONPROFIT PUBLIC BENEFIT CORPORATION, APPROVED; APPROPRIATION OF FUNDS FOR THE FILING FEES AND ALL ASSOCIATED COSTS, APPROVED; AND CITY MANAGER AUTHORIZED TO EXECUTE ANY RELATED INCORPORATION DOCUMENTS (130.10) ROLL CALL AYES: COUNCIL MEMBER: Reeve, Perry, Ferguson and Mayor Patterson NOES: COUNCIL MEMBER:Allevato ABSENT: COUNCIL MEMBER: None PUBLIC HEARINGS: E1. RESOLUTION NO 16-10.04.03 ADOPTED APPROVING TENTATIVE PARCEL MAP (TPM) 2015-183 ALLOWING THE PROPERTY OWNER TO SUBDIVIDE LOT 217 OF TRACT MAP 12954 INTO TWO (2) NEW PARCELS LOCATED NORTHWEST OF THE INTERSECTION OF GOLF CLUB DRIVE AND RANCHO VIEJO ROAD EAST OF INTERSTATE 5 AND WEST OF THE MARBELLA GOLF COURSE, (APN: 650-692-01 AND 650-692-02) (APPLICANT: ACCRETIVE SAN JUAN PARTNERS, LLC) (420.70) e Public Correspondence: Tim Neely, Planning Commissioner; and Michael W. Shonafelt, Newmeyer& Dillon, LLP. Council Member Allevato recused himself due to proximity to his residence and stepped down from the dais, Mathew Evans, Contract Planner, provided a PowerPoint presentation and responded to questions. Mark Speros, Planning Commission Chair, provided the viewpoint of the Planning Commission. Mayor Patterson opened the public hearing and invited public testimony. ■ Public Testimony: Sam Allevato, City resident; Chuck Krolikowski, Newmeyer and Dillon, LLP, represented the Applicant; and Donna Fleming, City resident. Mayor Patterson closed the public hearing. Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem Ferguson, and carried 2-1-1-0 with Mayor pro tem Ferguson abstained, Mayor Patterson opposed, and Council Member Allevato recused to adopt RESOLUTION NO. 16-10-04-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP (TPM) 2015-183 ALLOWING THE PROPERTY OWNER TO SUBDIVIDE LOT 217 OF TRACT MAP 12954 INTO 4 10/4/2016 TWO (2) NEW PARCELS LOCATED NORTHWEST OF THE INTERSECTION OF GOLF CLUB DRIVE AND RANCHO VIEJO ROAD EAST OF INTERSTATE 5 AND WEST OF THE MARBELLA GOLF COURSE, (APN: 650-692-01 AND 650-692-02) (APPLICANT: ACCRETIVE SAN JUAN PARTNERS, LLC)." ROLL CALL: AYES: COUNCIL MEMBER: Reeve and Perry NOES: COUNCIL MEMBER: Mayor Patterson ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER:Allevato RECUSED: COUNCIL MEMBER: Mayor pro tem Ferguson E2. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING SECTION 9-3.502 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO REGULATE THE PERSONAL, MEDICAL AND COMMERCIAL USE OF MARIJUANA, APPROVED; AND URGENCY ORDINANCE NO. 1037 ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 ESTABLISHING A TEMPORARY MORATORIUM ON MARIJUANA USES PENDING THE ENACTMENT OF AN UPDATE TO THE CITY'S MUNICIPAL CODE (420.30) Joel Rojas, Development Services Director, provided a staff report. Jeff Ballinger, City Attorney, responded to questions. Mayor Patterson opened the public hearing and invited public testimony. Public Testimony: Sergio Farias, City resident. Mayor Patterson closed the public hearing. Maria Morris, City Clerk, read the titles of the ordinances. Council Action: Moved by Council Member Allevato, seconded by Council Member Mayor pro tem Ferguson, and carried unanimously 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, AMENDING SECTION 9-3.502 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO REGULATE THE PERSONAL, MEDICAL AND COMMERCIAL USE OF MARIJUANA;" and adopt URGENCY ORDINANCE NO. 1037 entitled "AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 ESTABLISHING A TEMPORARY MORATORIUM ON MARIJUANA USES PENDING THE ENACTMENT OF AN UPDATE TO THE CITY'S MUNICIPAL CODE." 5 10/4/2016 ADMINISTRATIVE ITEMS: F1. CITY MANAGER a. SAN DIEGO GAS AND ELECTRIC SOUTH ORANGE COUNTY RELIABILITY ENHANCEMENT PROJECT (SOCRE) UPDATE, RECEIVED AND FILED (1010.70) Public Correspondence: Rhen Kohan, City resident; Joe and Dawn Fusco, City residents; and Nancy French, City resident. Charlie View, Project Manager, provided a PowerPoint presentation and responded to questions. Public Comments: Cathleen Petersen, Las Brisas Homeowner Association; Mark Speros, City resident; and Sergio Farias, City resident. Council Action: Moved by Council Member Perry, seconded by Council Member Reeve, and carried 4-1 with Council Member Allevato abstained to receive and file an update on the San Diego Gas and Electric South Orange County Reliability Enhancement Project (SOCRE). ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Perry, Ferguson and Mayor Patterson NOES: COUNCIL MEMBER: None. ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Allevato F2. DEVELOPMENT SERVICES a. AMENDMENT INITIATED TO THE LOS RIOS SPECIFIC PLAN 78-01, THEREBY DIRECTING THE DEVELOPMENT SERVICES DEPARTMENT TO CONDUCT AN APPROPRIATE STUDY OF A PROPOSAL TO ALLOW GENERAL RETAIL, EATING AND DRINKING ESTABLISHMENTS, AND OFFICE AND WELLNESS USES ON THE ITO NURSERY PROPERTY (DAN ALMQUIST ANO FRONTIER REAL ESTATES INVESTMENTS) (400.40) Public Correspondence: Jan Siegel, City resident; Michael Laux, City resident, Stephen M. Rios, City resident; and Tom Ostensen, City resident. David Contreras, Senior Planner, provided a PowerPoint presentation and responded to questions. 6 10/4/2016 Public Comments: Dan Almquist, Applicant; Sheree Ito, Ito Nursery; Monique, City resident; Carolyn Franks, Zoomars; Michael Laux, City resident; Tom Scott; Camino Real Playhouse; Tyler Marolf, City resident; John Campbell, City resident; Steve Behmerwohld, City resident; and Clint Worthington, City resident. Council Action: Moved by Council Member Reeve, seconded by Council Member Ailevato, and carried 4-1 with Mayor Patterson opposed to initiate an Amendment to the Los Rios Specific Plan 78-01, thereby directing the Development Services Department to conduct an appropriate study of a proposal to allow general retail, eating and drinking establishments, and office and wellness uses on the Ito Nursery Property. AYES: COUNCIL MEMBER: Reeve, Perry, Allevato and Mayor pro tem Ferguson NOES: COUNCIL MEMBER: Mayor Patterson ABSENT: COUNCIL MEMBER: None F3, COMMUNITY SERVICES a. CONSIDERATION OF FULL FEE WAIVER REQUEST, FACILITY USE PERMIT, TEMPORARY VARIATIONS FROM THE RULES AND REGULATIONS FOR LOS RIOS PARK, USE OF CITY HALL PARKING LOT, AND ENCROACHMENT PERMIT FOR A TWO DAY ECO GARDEN EXPO EVENT IN MAY 2017 (GOIN NATIVE THERAPEUTIC GARDENS) AND FOR THE NEXT FOUR CONSECUTIVE ANNUAL ECO EXPO EVENTS UNDER THE SAME TERMS AND CONDITIONS — CONTINUED TO OCTOBER 18, 2016 • Public Correspondence: Joanna Clark, City resident. Council Action: Moved by Mayor pro tem Ferguson, seconded by Council Member Perry, and carried unanimously to continue to the October 18, 2016, City Council meeting. F4. CITY ATTORNEY a. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING SECTION 4-6.311 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING PARKING OF VEHICLES FOR CERTAIN PURPOSES, APPROVED (570.20) Jeff Ballinger, City Attorney, provided an agenda report and responded to questions. Maria Morris, City Clerk, read the title of the ordinance. 7 10/4/2016 Council Action: Moved by Council Member Reeve, seconded by Mayor pro tern Ferguson, and carried unanimously 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, AMENDING SECTION 4-6.311 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING PARKING OF VEHICLES FOR CERTAIN PURPOSES." F5. CITY CLERK a. RONDA MOTTL APPOINTED TO FILL THE VACANCY ON THE UTILITIES COMMISSION, WITH TERM ENDING MARCH 31, 2017 (110.20) The Mayoral Subcommittee comprised of Mayor pro tem Ferguson and Council Member Perry, selected to review applications and conduct interviews provided their recommendation. Council Action: Moved by Council Member Perry, seconded by Mayor pro tem Ferguson, and carried 3-1-1 with Mayor Allevato opposed and Council Member Reeve abstained to appoint Ronda Mottl to fill the vacancy on the Utilities Commission, with term ending March 31, 2017, ROLL CALL: AYES: COUNCIL MEMBER: Perry, Ferguson and Mayor Patterson NOES: COUNCIL MEMBER: Allevato ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Reeve 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. STAFF DIRECTED TO BRING BACK TO THE CITY COUNCIL A MEMORANDUM OF UNDERSTANDING (MOU) WITH HOMEFRONT AMERICA FOR EVENTS AND SERVICES (600.30) Council Member Reeve provided a report. Council Action: Moved by Mayor pro tem Ferguson, seconded by Council Member Perry, and carried 4-1 with Council Member Allevato opposed to direct staff to bring back to the City Council a Memorandum of Understanding (MOU)with Homefront America for events and services. 8 10!4/2016 ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Perry, Ferguson and Mayor Patterson NOES: COUNCIL MEMBER: Allevato ABSENT: COUNCIL MEMBER: None 12. DISCUSSION REGARDING TERM LIMITS FOR CITY COUNCIL MEMBERS (610.30) Council Member Perry provided a report. Jeff Ballinger, City Attorney, responded to questions. Council Action: Moved by Council Member Perry, seconded by Council Member Ferguson, and carried 4-1 with Council Member Allevato opposed to direct staff to bring back at the November 1, 2016, City Council meeting, options (such as two (2) to three (3) year terms) for term limits for City Council Members. ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Perry, Ferguson and Mayor Patterson NOES: COUNCIL MEMBER: Allevato ABSENT: COUNCIL MEMBER: None ADJOURNMENT: There being no further business Mayor Patterson adjourned the meeting at 8:14 p.m. to Monday, October 17, 2016, at 10:00 a.m. for an Adjourned Regular Meeting (El Nido Mobile Home Rent Control Hearing); and then to Tuesday, October 18, 2016, at 4:00m. for Closed Session, and 5:00 p.m. for the public Business Session, in the City o nc I Chamber. Res @c submitted, MA'Rih MOs' CITY ERK Approved: October 18, 2016 ATTEST: PAq PA R 9"E 4., A OR 9 10/4/2016 NOTICE OF ADJOURNMENT OF MEETING OF CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano, California, adjourned its Adjourned Regular Meeting of October 4, 2016, at 8:14 p.m., on to Monday, October 17, 2016, at 10:00 a.m. for the public Business Session, following Clos d Session, in the City Council Chamber 32400 Paseo Adelanto, San Jul Capi rano. DATED: I '� tober 5, 2016 Maria Morris, COClerk Show Desktopscf STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby declare that the above Notice was posted at or near the door of the City Council Chamber on October 5, 2016, within 24 hours of adjournment of the above-named meeting. I decl e u er penalty of perjury that the foregoing is true and correct. 1 V " Ma ' i rris, City Clerk