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16-1115_CC_Minutes_Regular MeetingMINUTES November 15, 2016 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Patterson called the Regular Meeting of November 15 , 2016, of the City Council of the City of San Juan Capistrano to order at 5:17 p.m. in the City Council Chamber. Council Member Allevato led the Pledge of Allegiance and Council Member Perry 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 Allevato reported attending the following: California League of Cities City Selection Meeting. • Council Member Perry stated that his wife is doing well from surgery and thanked the City's First Responders. • Mayor pro tem Ferguson reported attending the followin~: Veterans' Day Memorial; Transportation Corridor Agencies Meeting; and t Annual Mass of Remembrance in the historical Old Mission Cemetery. • Mayor Patterson reported attending the following: attending the Veterans' Day Memorial; SONGS Decommissioning Community Engagement Panel Meeting; and announced the following regarding the City's adopted First Battalion, 11th Marine Regiment at Camp Pendleton: attending a Baby Shower, and the Birthday Ball, and announced an upcoming Toy Drive . 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; Robert Parks and Thomas Perrin, Parks, Recreation, Senior and Youth Services Comm(ssion; and Jack Hunt, Utilities Commission. 1 ORAL COMMUNICATIONS : • Public Correspondence: Don and Penny Tryon, City residents; Jan Siegel, City resident; Darell Hill, City resident; Sandra Weaver, San Clemente resident; Mary Crawford , no residence provided; Ruth Clark, no residence provided; Pattric Walker, no residence provided; Gale Goldsberry, Lake Forest resident; and Darrell Hill, City resident. • Public Comments: Steve Behmerwohld, City resident; Sandie Weaver, City resident; Mary Ann Davidson, City resident; Alan Lee, City resident; Monique Rea, City resident; William Bonney, City resident; Tom Perrin, City resident; Gina Wilsher, City resident; Frank Larkin, City resident; Jack Aldridge, City resident; Mark Bodenhamer, City resident ; Kathleen Petersen, City resident; Mary Demers, Friends of the Library; John Gillotti, Business Owner; Russ Wickman, Capistrano Beach resident; Jim May, Camino Real Playhouse; Kathryn Fischer, Camino Real Playhouse; PG Walker, Camino Real Playhouse; Robert Parks, City resident; Tina Auclair, City resident; Victor Starnes, City resident; Leslie Eisner, Camino Real Playhouse; Joe Herrera, Camino Real Playhouse; Jonathan Jenkins, City resident; Tom Riehl, City resident; John Campbell, City resident; Kathy Hooper , City resident; and Miles Brandon, Capistrano Volkswagen and Capistrano Mazda. CONSENT CALENDAR: Council Action: Moved by Council Member Reeve , seconded by Mayor Pro tem Ferguson, and carried unanimously to approve consent calendar items 1 through 8, and 11 through 14, as recommended by staff with, Council Member Perry abstaining from consent calendar items 2, 3, and 4. D1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED . D2 . CITY COUNCIL MINUTES -SPECIAL MEETING OF NOVEMBER 1, 2016, (CLOSED SESSION), APPROVED ROLL CALL: AYES : NOES: COUNCIL MEMBER: Reeve , Allevato, Ferguson and Mayor Patterson COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED : COUNCIL MEMBER: Perry D3. CITY COUNCIL MINUTES -REGULAR MEETING OF NOVEMBER 1, 2016, APPROVED ROLL CALL : AYES : COUNCIL MEMBER: Reeve, Allevato, Ferguson and Mayor Patterson NOES: COUNCIL MEMBER: None ABSENT: . COUNCIL MEMBER: None ABSTAINED : COUNCIL MEMBER: Perry 2 11/15/2016 D4 . REVIEW OF THE CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED OCTOBER 14, 2016, TO OCTOBER 27, 2016; PAYROLL (DIRECT DEPOSITS) DATED OCTOBER 21, 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 SEPTEMBER 30, 2016, RECEIVED AND FILED (350.30) D6 . NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.1 0) D7. CITY CLERK EMPLOYMENT AGREEMENT WITH MARIA MORRIS, APPROVED (600.30) D8 . CITY MANAGER AND CITY ATTORNEY AUTHORIZED TO EXECUTE THE JOINT DEFENSE AGREEMENT WITH STRATUS DEVELOPMENT PARTNERS LLC, 0 PROPERTIES, INC., AND JACKSON TIDUS, IN SUBSTANTIALLY THE FORM ATIACHED HERETO, IN CONNECTION WITH THE CITY'S APPROVAL OF AN ADDENDUM TO A MITIGATED NEGATIVE DECLARATION, CONDITIONAL USE PERMIT 15-012, ARCHITECTURAL CONTROL 15-026, GRADING PLAN MODIFICATION 16-008 AND A TREE REMOVAL PERMIT FOR A HOTEL AND RELATED USES VIA RESOLUTION NOS . 16-09-06-03 THROUGH 16-09-07-07, FOR PROPERTY LOCATED AT 31872 CAMINO CAPISTRANO (APN NOS. 124-160-51, 52 AND 37) (HOTEL CAPISTRANO BY KIMPTON) (600.30) D9. CONSIDERATION OF A RESOLUTION APPROVING THE ANNUAL MEASURE M2 EXPENDITURE REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2016 -CONTINUED TO THE DECEMBER 6, 2016, MEETING (820 .25) D10 . CONSIDERATION OF THE CITY OF SAN JUAN CAPISTRANO'S FOURTH QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2015-16; PROPOSED BUDGET ADJUSTMENTS; AND APPROVAL OF INVOICE FOR ANIMAL CONTROL-CONTINUED TO THE DECEMBER 6, 2016, MEETING (330 .20) D11 . CITY MANAGER AUTHORIZED TO EXECUTE AN AMENDMENT TO THE CITY'S AGREEMENT WITH NBS GOVERNMENT FINANCE GROUP TO UPDATE AND COMPLETE THE CITY'S USER FEE STUDY AND COST ALLOCATION PLAN; AND, $27,200 APPROPRIATED FROM THE GENERAL FUND TO PROVIDE THE FUNDS NEEDED TO COMPLETE THE USER FEE STUDY (600.30) 3 11/15/2016 D12 . RESOLUTION NO. 16-11-15-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CAMINO CAPISTRANO PAVEMENT REHABILITATION PROJECT, BY R. J . NOBLE COMPANY (CIP 16109) FEDERAL PROJECT ID # STPL-5372 (016); 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 $30 ,887.87 THIRTY-FIVE DAYS AFTER RECORDATION OF THE NOTICE OF COMPLETION (600 .30) D13. MODIFICATION OF SECTION 13 OF THE LICENSE AGREEMENT FOR TEMPORARY VEHICLE STORAGE ON LOWER ROSAN RANCH WITH IMPERIO MOTORS LLC (DBA IMPERIO NISSAN OF SAN JUAN CAPISTRANO) AND KOMEX MOTORS, LLC (DBA IMPERIO KIA OF SAN JUAN CAPISTRANO) TO ALLOW ASSIGNMENT OF THE AGREEMENT (APN 121-240-73, 121-253-13 AND 15), APPROVED; AND , CITY MANAGER AUTHORIZED TO EXECUTE THE ASSIGNMENT AGREEMENT (600.30) D14. COMPETITIVE FORMAL BIDDING REQUIREMENTS WAIVED FOR EQUIPMENT PURSUANT TO THE CITY OF SAN JUAN CAPISTRANO MUNICIPAL CODE SECTION 3-4 .310 (B) FOR THE CITY'S RADIO EQUIPMENT RELATED TO THE ORANGE COUNTY 800 MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM (CCCS) NEXT GENERATION PROJECT BASED ON ONLY ONE VENDOR THAT CAN PROVIDE THE NECESSARY EQUIPMENT; PURCHASE OF SEVENTEEN (17) ORANGE COUNTY SHERIFF'S DEPARTMENT (OCSD) PORTABLE RADIOS UNDER THE "HOT RED " RADIO PROMOTION OFFERED BY MOTOROLA SOLUTIONS, NOT TO EXCEED $76,388, APPROVED; AND, CITY MANAGER AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS TO COMPLETE THE PURCHASE , APPROVED (370 .30) PUBLIC HEARINGS : E1. ORDINANCE NO. 1040 ADOPTED 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" (450 .30) 4 11/15/2016 Joel Rojas, Development Services Director provided an Agenda Report. Carlos Yado, Building and Code Enforcement Manager 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 Allevato, seconded by Council Member Perry, and carried 4-1 with Council Member Reeve opposed to approve the second reading and adoption of ORDINANCE NO. 1040 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." ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER: Perry, Allevato, Ferguson and Mayor Patterson COUNCIL MEMBER: Reeve COUNCIL MEMBER: None E2 . INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED AMENDING SECTIONS. 6-3.03, 6-3.08.01, 6-3.08.02, AND 6-3.08.03 OF CHAPTER 3 OF TITLE 6 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO SOLID WASTE, MINIMUM CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION REQUIREMENTS (1 040.90) Steve May, Public Works and Utilities 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 pearing. Maria Morris, City Clerk, read the title of the ordinance . 5 11/15/2016 Council Action : Moved by Council Member Reeve, seconded by Council Member Allevato, 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 SECTIONS 6-3.03, 6-3.08.01, 6-3.08.02, AND 6-3.08.03 OF CHAPTER 3 OF TITLE 6 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO SOLID WASTE, MINIMUM CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION REQUIREMENTS." E3 . PUBLIC HEARING TO CONSIDER ABANDONMENT AND SALE OF CITY-OWNED PARK LAND LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF LA NOVIA AVENUE AND SAN JUAN CREEK ROAD -CONTINUED TO THE DECEMBER 6, 2016, MEETING (670.70) • Public Correspondence: Tony Woods, City resident; Jake Godfrey, City resident; Mary Kelly, City resident; Thomas Liebich, City resident; Mark Speros, City resident; Katherine Godfrey, City resident; Chad Godfrey, City resident; Anne Fox, City resident; Mike Johnson, City resident; and, Mark Stoner, City resident. Council Member Perry recused himself due to proximity to his residence and left the City Council Chamber. Charlie View, Project Manager, provided an agenda report and responded to questions. Mayor Patterson opened the public hearing and invited public testimony . • Public Testimony : Brian Maryott, City resident; and Mike Mathewson, City resident. Mayor Patterson closed the public hearing . Moved by Mayor pro tem Ferguson , seconded by Council Member Reeve, but motion failed 2-2-0 with Council Member Allevato and Mayor Patterson opposed and Council Member Perry recused to continue the public hearing to the December 6, 2016, City Council meeting, to give the City Council time to investigate, and have greater understanding of the issues raised by the public. ROLL CALL : AYES: NOES: ABSENT: RECUSED : COUNCIL MEMBER: Reeve and Mayor protem Ferguson COUNCIL MEMBER: Allevato and Mayor Patterson COUNCIL MEMBER: None COUNCIL MEMBER : Perry 6 11/15/2016 Moved by Mayor Patterson, seconded by Council Member Reeve , but motion failed 2-2-0 with Council Member Allevato and Mayor pro tern Ferguson opposed and Council Member Perry recused to authorize the abandonment and sale of City-owned park land (located at the Northwest Corner of the Intersection of La Novia Avenue and San Juan Creek Road) pursuant to the Municipal Park Abandonment Law of 1939 (Government Code Section 38501 ); and overruling the objections noted verbally and in writing. ROLL CALL : AYES : NOES : ABSENT: RECUSED: COUNCIL MEMBER: Reeve and Mayor Patterson COUNCIL MEMBER: Allevato and Mayor protem Ferguson COUNCIL MEMBER: None COUNCIL MEMBER: Perry Moved by Council Member Reeve, seconded by Mayor pro tern Ferguson, but motion failed 2-2-0 with Council Member Allevato and Mayor Patterson opposed to table the item. ROLL CALL : AYES : NOES: ABSENT: RECUSED : COUNCIL MEMBER: Reeve and Mayor pro tern Ferguson COUNCIL MEMBER: Allevato and Mayor Patterson COUNCIL MEMBER: None COUNCIL MEMBER: Perry Council Action: Moved by Mayor Patterson, seconded by Mayor pro tern Ferguson , and carried 3-1-0 with Council Member Allevato opposed and Council Member Perry recused to continue the public hearing to the December 6 , 2016, meeting. ROLL CALL : AYES : NOES : ABSENT: RECUSED : COUNCIL MEMBER: Reeve, Ferguson and Mayor Patterson COUNCIL MEMBER: Allevato COUNCIL MEMBER: None COUNCIL MEMBER: Perry ADMINISTRATIVE ITEMS : F1. PUBLIC WORKS a. REVIEW OF NORTHWEST OPEN SPACE COMMUNITY PARK PROJECT (NUVIS LANDSCAPE ARCHITECTURE AND PLANNING) (920.10) • Public Correspondence: Renee Ritchie, Trails and Equestrian Commission. 7 11/15/2016 Counc i l Action: Moved by Mayor Patterson , seconded by Council Member Allevato, and carried 3-2 with Mayor pro tern Ferguson and Council Member Perry opposed to forward to the Trails and Equestrian Commission before it comes back to the City Council. ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER: Reeve, Allevato and Mayor Patterson COUNCIL MEMBER: Perry and Mayor protem Ferguson COUNCIL MEMBER: None F1b. STAFF PRESENTATION ON CITYWIDE LED STREET LIGHT CONVERSION OPTIONS, RECEIVED AND FILED; AND, STAFF DIRECTED TO REQUEST PROPOSALS FOR CONVERTING THE CITY'S STREET LIGHTS FROM HIGH PRESSURE SODIUM TO LED TECHNOLOGY, AND RETURN TO THE CITY COUNCIL WITH RECOMMENDATIONS FOR AWARD OF A CONTRACT (1010.80) Steve May, Public Works and Utilities Director provided a PowerPoint presentation and responded to questions . Tom Toman, Assistant Public Works Director, responded to questions . • Public Comments: Steve Behmerwohld, City resident; and , Moira Nonnweiler, City resident. Council Action : Moved by Council Member Allevato, seconded by Council Member Reeve, and carried unanimously to receive and file the staff presentation on Citywide LED street light conversion options; and, direct staff to request proposals for converting the City's street lights from high pressure sodium to LED technology, and return to the City Council with recommendations for award of a contract. F2 . DEVELOPMENT SERVICES a . CONSIDERATION OF AUTHORIZING PROPERTY ASSESSED CLEAN ENERGY (PACE) FINANCING PROGRAMS IN THE CITY OF SAN JUAN CAPISTRANO -ITEM CONTINUED TO THE FIRST QUARTER OF 2017 (430.25) • Public Correspondence: Tony Capitelli, Orange County Association of Realtors; Wayne Woodyard, Orange County Association of Realtors; Cassandra Ginn, City resident; Joseph Toma, City resident; Michael md, City resident; Chris Rollison, City resident; Dustin Reilich, Renovated America HERO Program; and, Emily Goodwin, Ygrene . • Public Comments: Jeremy Hutman, California PACE Program; Joanne Frank, City resident; Anna Dickinson, Orange County Association of Realtors; Erin McKeon, HERO Program; Lacy Robertson , OC Realtor/Loan Consultant (provided handout); Rochelle Small-Ware, OC Realtor (provided handout); Travis Cooper, California Municipal Finance Authority Residential PACE Program (provided handout); Dustin Reilich, Renovate America; and, Emily Goodwin, Ygreen Energy Fund. 8 11/15/2016 Council Action: Moved by Mayor pro tem Ferguson, seconded by Council Member Allevato, and unanimously to continue the item to the first quarter of 2017. CONSENSUS TO ADJOURN THE MEETING AFTER DISCUSSING THE SUCCESSOR AGENCY ITEMS AND COUNCIL ACTION ITEM H1, AND CONTINUE CONSENT CALENDAR ITEMS D9 AND D1 0, AND ADMINISTRATIVE ITEM F3a, TO THE DECEMBER 6, 2016, MEETING . F3. CITY CLERK a. CONSIDERATION OF CITY COUNCIL TERM LIMITS-ITEM CONTINUED TO THE DECEMBER 6, 2016, MEETING (630.40) SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) COUNCIL ACTION ITEMS : H1 . DISCUSSION AND POSSIBLE ACTION REGARDING REMOVING COMMISSIONER ROBERT PARKS FROM THE PARKS, RECREATION, SENIOR AND YOUTH SERVICES COMMISSION (110.10) • Public Correspondence : Kathy Hooper, City resident; and, Linda York, City resident. Mayor Patterson provided a report. • Public Comments: Monique Rea, City resident; Sandie Weaver, City resident; Robert Parks, Parks, Recreation, Senior and Youth Services Commissioner; Kathy Hooper, City resident; Gerald Muir, City resident; Ted Rosenfeldt, City resident (provided handout); and Tina Auclair, City resident. Council Action : Moved by Council Member Reeve, seconded by Council Member Perry, and 3-2 with Mayor Patterson and Mayor pro tem Ferguson opposed to table the item. ROLL CALL: AYES: NOES: ABSENT: COUNCIL MEMBER : Reeve, Perry and Allevato COUNCIL MEMBER: Mayor protem Ferguson and Mayor Patterson COUNCIL MEMBER: None 9 11/15/2016 ADJOURNMENT: There being no further business Mayor Patterson adjourned the meeting at 8:50 p.m . to Tue ~~ay, December 6, 2016, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public B~siness Session; and then to Monday, December 12, 2016, at 5:00 p.m. for a public dj o r d Regular Meeting, in the City Council Chamber. Approved: December 6, 2016 10 11/15/2016