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)
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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)
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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
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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."
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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
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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