16-1018_CC_Minutes_Regular MeetingMINUTES
October 18, 2016
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION :
Mayor Patterson called the Regular Meeting of October 18, 2016, of the
City Council of the City of San Juan Capistrano to order at 5:09 p.m. in the
City Council Chamber. Boys Scouts of America Troop 12 led the Pledge of Allegiance
and Council Member Perry gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Pam Patterson, Esq., Mayor pro tern
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.
MEETING DEDICATION: Mayor Patterson dedicated the meeting in memory of
Les Blair, longtime resident, military hero and dedicated community volunteer
CITY COUNCIL REPORTS:
• Council Member Perry reported on the following: attending a San Juan Basin
Authority meeting.
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; and, Jill Hanna, Trails and Equestrian Commission.
B2. OCTOBER 2016 DECLARED AS ITALIAN-AMERICAN HERITAGE MONTH
(61 0.40)
B3. U.S. OLYMPIC COACH ROBERT RIDLAND RECOGNIZED FOR LEADING
THE JUMPING EQUESTRIAN TEAM TO A SILVER MEDAL (610.40)
ORAL COMMUNICATIONS :
• Public Comments: Frank Larkin, City resident; Mary Zheng , City resident; and
Kathleen Petersen, City resident.
1
CONSENT CALENDAR: .
Council Action: Moved by Council Member Allevato, seconded by Council Member
Reeve, and carried unanimously to approve consent calendar items 1 through 11, and
14, as recommended by staff with, 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 OCTOBER 4, 2016,
(CLOSED SESSION), APPROVED
D3. CITY COUNCIL MINUTES -REGULAR MEETING OF OCTOBER 4, 2016,
APPROVED
D4. REVIEW OF THE CHECK REGISTER FOR ELECTRONIC TRANSACTIONS
AND CHECKS DATED SEPTEMBER 16, 2016, TO SEPTEMBER 29, 2016;
PAYROLL (CHECKS) DATED SEPTEMBER 23, 2016; AND PAYROLL (DIRECT
DEPOSITS) DATED SEPTEMBER 23, 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:
A YES: COUNCIL MEMBER: Reeve, Allevato, Ferguson and Mayor Patterson
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Perry
D5. CITY'S PERSONAL SERVICES AGREEMENT WITH COLLECTOR
SOLUTIONS, INC. ASSIGNED TO CSI ACQUISITION SUB ONE, LLC, WHICH
OPERATES UNDER THE NAME OF COLLECTORSOLUTIONS, LLC; AND
CITY MANAGER AUTHORIZED TO EXECUTE THE ASSIGNMENT
DOCUMENTS (440.20)
D6. WATER RATE REFUND CLAIM FILED WITH THE CITY CLERK BY LINDA
HALL, DENIED (170.70)
D7 . ORDINANCE NO. 1038 ADOPTED 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" (420.30)
2 10/18/2016
D8 . ORDINANCE NO. 1039 ADOPTED 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"
(570 .20)
D9. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
D1 0. CONSTRUCTION CONTRACT AWARDED FOR THE SAN JUAN CAPISTRANO
PUBLIC LIBRARY EXTERIOR REPAIRS AND PAINTING PROJECT
(CIP 15302) TO TL VETERANS CONSTRUCTION, INC. IN THE AMOUNT OF
$79,145; AND, CITY MANAGER AUTHORIZED TO EXECUTE THE
CONTRACT AND APPROVE CONTRACT CHANGE ORDERS NOT TO
EXCEED 10% OF THE CONTRACT AMOUNT (600.30)
• Public Correspondence: Mary Deemers, San Juan Capistrano Friends of
the Library.
D11. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH MBF CONSULTING, INC., IN AN AMOUNT NOT TO
EXCEED $58,968 FOR THE PREPARATION OF PLANS AND
SPECIFICATIONS FOR THE PIPELINE SYSTEM FOR THE RANCHO MISSION
VIEJO RIDING PARK (CIP 17201) (600.30)
D12. CONSIDERATION OF A ONE-YEAR EXTENSION OF THE RIDING PARK
MANAGEMENT AGREEMENT WITH BLENHEIM FACILITIES MANAGEMENT,
LLC -ITEM CONTINUED TO NOVEMBER 15,2016
Charlie View, Project Manager, provided an agenda report and responded to
questions.
• Public Comments: Sandie Weaver, City resident; Larry Kramer,
City resident ; Dr. Julie Ryan Johnson, San Juan Capistrano Equestrian
Coalition; Trish Nelson, City resident; Mark Bodenhamer, Chamber of
Commerce; Jim Verbeerst, City resident; Jim Carter, City resident; and,
Monique Rea, City resident (did not speak, but instead registered her
position for the record).
Council Action : Moved by Council Member Allevato, seconded by Council
Member Reeve, and carried 4-1 with Council Member Allevato opposed to place
the matter on the November 1, 2016, City Council Closed Session Agenda;
and, continue the item to the November 15, 2016, City Council public
Business Session.
ROLL CALL:
AYES :
NOES:
ABSENT:
COUNCIL MEMBER: Reeve, Perry, Ferguson and Mayor Patterson
COUNCIL MEMBER: Allevato
COUNCIL MEMBER: None
3 10/18/2016
D13. CITY MANAGER AUTHORIZED TO EXECUTE AN EXCLUSIVE
NEGOTIATING AGREEMENT ("ENA") WITH AND SJCM LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY, FOR THE DEVELOPMENT OF A MIX USE
PROJECT (ASSESSOR PARCEL NUMBERS 121-141-25 AND 121-141-26)
(MISSION GRILL SITE) (600 .30)
Council Action: Moved by Council Member Allevato, seconded by Council
Member Perry, and carried 4-1 with Mayor Patterson opposed to authorize the
City Manager to execute an Exclusive Negotiating Agreement ("ENA") with and
SJCM LLC, a California Limited Liability Company , for the development
of a mix use project (Assessor Parcel Numbers 121-141-25 And 121-141-26)
(Mission Grill Site).
ROLL CALL:
AYES :
NOES :
ABSENT:
COUNCIL MEMBER: Reeve, Perry , Allevato and Mayor pro tern Ferguson
COUNCIL MEMBER: Mayor Patterson
COUNCIL MEMBER: None
D14. FACILITY USE PERMIT FOR LOS RIOS PARK FOR AN ECO GARDEN
EXPO TO GOIN NATIVE THERAPEUTIC GARDENS FOR THE WEEKEND OF
MAY 5-7, 2017, WITH VARIATIONS TO THE PARK RULES AND
REGULATIONS, APPROVED; AND, EXEMPTION TO THE MUNICIPAL CODE:
TITLE 5, PUBLIC WELFARE CHAPTER 21, USE OF PUBLIC PARKS AND
FACILITIES SEC. 5-21.04 , RULES AND REGULATIONS APPLICABLE IN CITY
PARKS AND FACILITIES, IN ORDER TO DISPLAY "GREEN" EFFICIENCY
VEHICLES, NOT TO EXCEED SIX (6) EXHIBITS, APPROVED; AND, USE OF
THE CITY HALL PARKING LOT FOR EVENT PARKING FOR THE ECO
GARDEN EXPO EVENT, APPROVED (460.70/585.15)
• Public Comments: Monique Rea , City resident (did not speak , or ask to
remove the item from the Consent Calendar for discussion, but instead
registered her position for the record).
D15. CONTRACT FOR THE MULTI-MODAL PARKING LOT PAVEMENT
REHABILITATION PROJECT (CIP15301) AND THE LA SALA PARKING LOT
PAVEMENT REHABILITATION PROJECT (CIP 15303) AWARDED TO THE
LOWEST RESPONSIBLE BIDDER, HILLCREST CONTRACTING, INC., IN THE
AMOUNT OF $296,206, WITH THE CONDITION THAT CONSTRUCTION
WORK WILL BEGIN AFTER JANUARY 1, 2017; AND, CITY MANAGER
AUTHORIZED TO EXECUTE THE CONTRACT AND TO APPROVE CHANGE
ORDERS UP TO 20% OF THE CONTRACT AMOUNT; AND, $22,700
APPROPRIATED FROM THE FACILITIES OPERATIONS INTERNAL SERVICE
FUND TO INCREASE THE BUDGET FOR CIP 15303 FROM $51,725 TO
$74,425; AND, APPROPRIATE $24,216 FROM THE PARKING MAINTENANCE
FUND TO INCREASE THE BUDGET FOR CIP 15301 FROM $308 ,700 TO
$332,916 (600 .30)
• Public Comments : Mark Bodenhamer, Chamber of Commerce.
4 10/18/2016
Counc il Acti on: Moved by Council Member Reeve, seconded by
Council Member Allevato, and carried unanimously to award a Contract for the
Multi-Modal Parking Lot Pavement Rehabilitation Project (CIP15301) and the
La Sala Parking Lot Pavement Rehabilitation Project (CIP 15303) to the lowest
responsible bidder, Hillcrest Contracting, Inc., in the amount of $296,206 , with
the condition that the construction work will begin after January 1, 2017; and,
authorize the City Manager to execute the Contract and to approve change
orders up to 20% of the Contract amount; and, appropriate $22,700 from the
Facilities Operations Internal Service Fund to increase the budget for CIP 15303
from $51,725 to $74,425 ; and, appropriate $24,216 from the Parking
Maintenance Fund to increase the budget for CIP 15301 from $308,700 to
$332 ,916.
D16. RESOLUTION NO. 16-10-18-01 ADOPTED SETTING ASIDE TENTATIVE
TRACT MAP 17626, CONDITIONAL USE PERMIT 13-08, ARCHITECTURAL
CONTROL 13-23, GRADING PLAN MODIFICATION 13-03, AND TREE
REMOVAL PLAN AND ADMINISTRATIVE MODIFICATIONS, FOR THE SAN
JUAN HOTEL AND VILLAS PROJECT, LOCATED AT 31882, 31878 , AND
31872 CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBERS: 124-160-37,
51, and 52) (APPLICANT: URBAN VILLAGE DEVELOPMENT COMPANY, LLC)
(640.10)
Council Action: Moved by Council Member Perry, seconded by
Council Member Reeve, and carried 3-1-1 with Council Member Allevato
abstained and Mayor Patterson opposed to adopt RESOLUTION NO.
16-10-18-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, SETTING ASIDE TENTATIVE
TRACT MAP 17626, CONDITIONAL USE PERMIT 13-08, ARCHITECTURAL
CONTROL 13-23, GRADING PLAN MODIFICATION 13-03, AND TREE
REMOVAL PLAN AND ADMINISTRATIVE MODIFICATIONS, FOR THE SAN
JUAN HOTEL AND VILLAS PROJECT, LOCATED AT 31882, 31878, AND
31872 CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBERS: 124-160-37,
51, and 52) (APPLICANT: URBAN VILLAGE DEVELOPMENT COMPANY, LLC)."
ROLL CALL:
AYES : COUNCIL MEMBER: Reeve, Perry and Mayor pro tern Ferguson
NOES : COUNCIL MEMBER: Mayor Patterson
ABSENT: COUNCIL MEMBER: None
ABSTAINED : COUNCIL MEMBER: Allevato
PUBLIC HEARINGS: None .
5 10/18/2016
ADMINISTRATIVE ITEMS:
F1. CITY ATIORNEY
a . AMENDMENT INITIATED TO THE LAND USE CODE OF THE CITY OF SAN
JUAN CAPISTRANO TO STREAMLINE AND STRENGTHEN THE EXISTING
PROHIBITION ON TRANSITORY-LODGING USES IN RESIDENTIAL ZONES,
AND PRESENT IT FOR CONSIDERATION AND RECOMMENDATION BY THE
PLANNING COMMISSION (460.30)
Jeff Ballinger, City Attorney, provided an agenda report and responded to
questions .
. • Public Comments: Erica Cox, City resident; Arnie Neiss, City resident;
Sharon McKeagne, City resident; and, Laurie Girand, City resident.
Council Action: Moved by Council Member Reeve, seconded by
Mayor pro tern Ferguson, and carried unanimously to initiate an Amendment to
the Land Use Code of the City of San Juan Capistrano to streamline and
strengthen the existing prohibition on transitory-lodging uses in residential zones,
and present it for consideration and recommendation by the Planning
Commission.
F2 . DEVELOPMENT SERVICES
a . INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED
AMENDING SPECIFIC SECTIONS OF TITLE 8 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2016
EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA
CODE OF REGULATIONS, TITLE 24), INCLUDING THE 2016 CALIFORNIA
BUILDING CODE, THE 2016 CALIFORNIA FIRE CODE, THE 2016 CALIFORNIA
ELECTRICAL CODE, THE 2016 MECHANICAL CODE, THE 2016 PLUMBING
CODE, THE 2016 CALIFORNIA ENERGY CODE, THE 2016 CALIFORNIA
GREEN BUILDING STANDARDS CODE, THE 2016 CALIFORNIA RESIDENTIAL
CODE, TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS
AND CHANGES THERETO; AND ADOPTING BY REFERENCE THE 2015
UNIFORM SWIMMING POOL, SPA & HOT TUB CODE, THE 1997 UNIFORM
HOUSING CODE, THE 1997 UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS, AND THE MOBILEHOME PARKS AND
INSTALLATIONS REGULATIONS, TOGETHER WITH CERTAIN ADDITIONS,
INSERTIONS, DELETIONS AND CHANGES THERETO; AND PUBLIC HEARING
DATE OF NOVEMBER 15, 2016, SET FOR ADOPTION OF SAID ORDINANCE
(590.30)
Joel Rojas, Development Services Director, provided an agenda report and
responded to questions.
Maria Morris, City Clerk, read the title of the ordinance.
6 10/18/2016
Council Action : Moved by Council Member Allevato, seconded by
Council Member Perry, 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, AMENDING SPECIFIC SECTIONS OF TITLE 8 OF
THE SAN JUAN CAPISTRANO MUNICIPAL CODE BY ADOPTING BY
REFERENCE THE 2016 EDITION OF THE CALIFORNIA BUILDING
STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24),
INCLUDING THE 2016 CALIFORNIA BUILDING CODE, THE 2016 CALIFORNIA
FIRE CODE, THE 2016 CALIFORNIA ELECTRICAL CODE, THE 2016
MECHANICAL CODE, THE 2016 PLUMBING CODE, THE 2016 CALIFORNIA
ENERGY CODE, THE 2016 CALIFORNIA GREEN BUILDING STANDARDS
CODE, THE 2016 CALIFORNIA RESIDENTIAL CODE, TOGETHER WITH
CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO;
AND ADOPTING BY REFERENCE THE 2015 UNIFORM SWIMMING POOL, SPA
& HOT TUB CODE, THE 1997 UNIFORM HOUSING CODE, THE 1997 UNIFORM
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AND THE
MOBILEHOME PARKS AND INSTALLATIONS REGULATIONS, TOGETHER
WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES
THERETO;" and setting a public hearing date of November 15, 2016, for adoption
of said ordinance.
ROLL CALL:
AYES:
NOES:
ABSENT:
F3. CITY CLERK
COUNCIL MEMBER: Reeve, Perry and Mayor pro tern Ferguson
COUNCIL MEMBER: Mayor Patterson
COUNCIL MEMBER: None
a. RESOLUTION NO. 16-10-18-02 ADOPTED PROVIDING FOR THE ANNUAL
SELECTION OF THE MAYOR AND MAYOR PRO TEMPORE AND
RESCINDING RESOLUTION NO. 93-09-21-06; AND CITY COUNCIL MEETING
ADDED ON MONDAY, DECEMBER 12, 2016, TO CERTIFY ELECTION
RESULTS, RECOGNIZE OUTGOING COUNCIL MEMBERS, SWEAR IN
NEWLY ELECTED COUNCIL MEMBERS, AND CONDUCT THE SELECTION
OF MAYOR AND MAYOR PROTEM (610.30/610.15)
Maria Morris, City Clerk, provided an agenda report and responded to questions .
Council Action : Moved by Council Member Allevato, seconded by
Mayor pro tern Ferguson, and carried unanimously to adopt RESOLUTION NO.
16-10-18-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR THE ANNUAL
SELECTION OF THE MAYOR AND MAYOR PRO TEMPORE AND
RESCINDING RESOLUTION NO. 93-09-21-06;" and add a Council meeting on
Monday, December 12, 2016, to certify election results, recognize ·outgoing
Council members, swear in newly elected Council members, and conduct the
selection of Mayor and Mayor pro tern.
7 10/18/2016
F4. UTILITIES DEPARTMENT
a. UPDATE ON POTABLE WATER QUALITY, RECEIVED AND FILED (1050.80)
Steve May, Public Works and Utilities Department Director, provided an agenda
report .
Council Action: Moved by Council Member Allevato, seconded by
Council Member Perry, and carried unanimously to receive and file an update on
potable water quality.
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS:
H1. MAYOR AUTHORIZED TO EXECUTE A LETTER OF SUPPORT FOR
CONGRESSMAN DARRELL ISSA'S LEGISLATION TO AMEND THE FAIR
HOUSING ACT TO ASSIST STATES AND CITIES TO REGULATE
RESIDENTIAL RECOVERY FACILITIES (660.40)
Council Member Reeve provided a report.
• Public Comments: Erica Cox, City resident (did not speak , but instead
registered her position for the record); and, Laurie Girand, City resident
(did not speak, but instead registered her position for the record).
Council Action : Moved by Mayor pro tern Ferguson, seconded by
Council Member Perry, and carried unanimously to authorize the Mayor to
execute a letter of support for Congressman Darrell lssa's Legislation to amend
the Fair Housing Act to assist states and cities to regulate residential recovery
facilities.
Mayor pro tern Ferguson announced attending the League of California Cities
Annual Conference, where Jacob Green, Assistant City Manager, provided an
earthquake/emergency preparedness presentation. She asked that this presentation be
presented to the City Council at its November 1, 2016, meeting.
8 10/18/2016
ADJOURNMENT:
There being no further business Mayor Patterson adjourned the meeting at 7:17 p.m .
to Tu.e!. ay, November 1, 2016, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the
public B siness Session, in the City Council Chamber.
/ \:
/
Resp ctf I , submitted,
Approved: November 1, 2016
9 10/18/2016