15-1006_CC_Minutes_Regular MeetingMINUTES
October 6, 2016
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
CLOSED SESSION: Please refer to separate Special Meeting minutes.
BUSINESS SESSION:
Mayor Reeve called the Regular Meeting of October 6,
City of San Juan Capistrano to order at 5:21 p.m.
Boy Scout Troop 12 led the Pledge of Allegiance and
invocation.
ROLL CALL:
2015, of the City Council of the
in the City Council Chamber.
Council Member Perry gave the
COUNCIL MEMBERS PRESENT: Kerry K. Ferguson, John M. Perry, Sam Allevato,
Mayor pro tem Pam Patterson, Esq. and Mayor Derek Reeve.
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.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM PATTERSON INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Gerald Muir, Parks, Recreation, Senior and
Youth Services Commission, Design Review Committee, and Youth Advisory
Board; Christy Smead, Cultural Heritage Commission; and Ilse Byrnes, Trails
and Equestrian Commission.
2. OCTOBER 4TH —10TH PROCLAIMED AS FIRE PREVENTION WEEK (610.40)
3. SHERIFF'S DEPUTY GILBERT DORADO RECOGNIZED AND COMMENDED
FOR HIS HEROIC ACTIONS DURING A HOME FIRE (610.40)
4. SAN JUAN CAPISTRANO ASSOCIATED SENIOR ACTION PROGRAM
VOLUNTEER OF THE YEAR SUSAN JARVIS, RECOGNIZED (610.40)
ORAL COMMUNICATIONS:
• Tom Scott, Camino Real Playhouse; Steve Behmerwhold, City resident; and
Ann Ronan, City resident.
PUBLIC HEARINGS: None.
ADMINISTRATIVE ITEMS:
E1 PUBLIC WORKS
a. RESOLUTION 15-10-06-01 APPROVED ADOPTING A MITIGATED NEGATIVE
DECLARATION AND A MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE INTERSTATE 5/LA NOVIA AVENUENALLE ROAD
INTERSECTION IMPROVEMENT PROJECT (820.20)
George Alvarez, City Engineer/Traffic Engineer, provided a PowerPoint and
responded to questions. Gary Warkentin, Michael Baker International Consulting,
responded to questions.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Perry, and carried unanimously to adopt RESOLUTION 15-10-
06-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION AND A MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE INTERSTATE 5/LA NOVIA AVENUENALLE ROAD
INTERSECTION IMPROVEMENT PROJECT."
E2 CITY ATTORNEY
a. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED
AMENDING SECTIONS 1-2.03(6), 1-5.01(A) AND 1-7.07 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE AND ADDING A NEW SECTION 1-2.11 TO
THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING CODE
ENFORCEMENT REMEDIES (450.40)
Jeffrey Ballinger, City Attorney, provided an agenda report and responded to
questions.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Perry, seconded by Council Member
Ferguson, 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, AMENDING SECTIONS
1-2.03(8), 1-5.01(A) AND 1-7.07 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE AND ADDING A NEW SECTION 1-2.11 TO THE SAN JUAN
CAPISTRANO MUNICIPAL CODE REGARDING CODE ENFORCEMENT
REMEDIES."
2 10/6/2015
CONSENT CALENDAR:
Council Action: Moved by Council Member Allevato, seconded by Council Member
Ferguson, and carried unanimously to approve consent calendar items 1 through 8, 10
and 12, as recommended by staff, with Council Member Perry and Council Member
Ferguson abstained from consent calendar 3; and Mayor Reeve and Council Member
Perry abstained from consent calendar 12.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — REGULAR MEETING OF SEPTEMBER 15, 2015,
APPROVED.
3. CHECK REGISTER FOR ELECTRONIC TRANSACTIONS AND CHECKS
DATED SEPTEMBER 4, 2015, TO SEPTEMBER 17, 2015; PAYROLL
(CHECKS) DATED SEPTEMBER 11, 2015; AND PAYROLL (DIRECT
DEPOSITS) DATED SEPTEMBER 11, 2015, RECEIVED AND FILED (300.30)
Council Member Ferguson abstained due to proximity to her residence.
Council Member Perry abstained due to his former employment and proximity of
his residence with the San Juan Hills Golf Club.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Patterson and Mayor Reeve
J NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Ferguson and Perry
4. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
AUGUST 31, 2015, RECEIVED AND FILED (350.30)
5. RESOLUTION 15-10-06-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING EXAMINATION OF SALES USE AND TRANSACTIONS TAX
RECORDS AND RESCINDING RESOLUTION 04-11-16-01" (390.10)
6. ONGOING EXEMPTION TO MUNICIPAL CODE CHAPTER 21, TITLE 5, SEC.
5-21-04 TO DISPLAY VINTAGE/CLASSIC VEHICLES AT THE SAN JUAN
SPORTS PARK, APPROVED; AND ONGOING ALCOHOL PERMIT FOR SALE
AND CONSUMPTION OF ALCOHOL FOR THE 14TH ANNUAL HISTORIC SAN
JUAN CAPISTRANO CAR SHOW ON FEBRUARY 6, 2016 (OR A RAIN DATE
OF FEBRUARY 13, 2016) AND ALL FUTURE HISTORIC SAN JUAN
CAPISTRANO CAR SHOWS, PROVIDING CURRENT PARAMETERS ARE
MAINTAINED, APPROVED (ROTARY CLUB OF SAN JUAN CAPISTRANO)
(920.10)
3 10/6/2015
7. RESOLUTION 15-10-06-03 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH
APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
ON-SITE IMPROVEMENTS ASSOCIATED WITH TRACT 16634 WHISPERING l
HILLS -RANCHO SAN JUAN (RANCHO SAN JUAN DEVELOPMENT, LLC);"
CITY CLERK DIRECTED TO PROCESS THE RECORDING OF THE NOTICE
OF COMPLETION WITH THE ORANGE COUNTY RECORDER; AND CITY
CLERK AUTHORIZED TO RELEASE THE CORRESPONDING BONDS 35
DAYS AFTER THE RECORDATION OF THE NOTICE OF COMPLETION
(600.30)
8. RESOLUTION 15-10-06-04 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 BLAS AGUILAR ADOBE RESTORATION
PROJECT (MARK SAUER CONSTRUCTION, INC.) (CIP 07403);" CITY CLERK
DIRECTED TO PROCESS THE RECORDING OF THE NOTICE OF
COMPLETION WITH THE ORANGE COUNTY RECORDER; AND STAFF
AUTHORIZED TO RELEASE THE PROJECT RETENTION, IN THE AMOUNT
OF $10,390.67, THIRTY-FIVE DAYS AFTER RECORDATION (600.30)
9. CITY MANAGER AUTHORIZED TO EXECUTE AN AGREEMENT WITH THE
ORANGE COUNTY TRANSPORTATION AUTHORITY TO INSTALL A SECOND
EASTBOUND LEFT -TURN LANE ON DEL OBISPO STREET AND CAMINO
CAPISTRANO; FUNDING FOR CIP 16103 INCREASED BY $7000 AND GRANT
FUNDING IN THE AMOUNT OF $28,160, RECOGNIZED; AND ADJUSTMENT
TO FISCAL YEAR 2015/2016 CAPITAL IMPROVEMENT PROGRAM TO
REDUCE MEASURE M FUNDING FROM $25,000 BY $21,160 DOWN TO
$3,840 IN MEASURE M FUNDS AS THE CITY'S MATCH TO THE GRANT,
APPROVED (600.50)
Council Action: Moved by Council Member Perry, seconded by Mayor Reeve,
and carried unanimously to authorize the City Manager to execute an Agreement
with the Orange County Transportation Authority to install a second eastbound
left -turn lane on Del Obispo Street and Camino Capistrano; increase funding for
CIP 16103 by $7000 and recognize Grant Funding in the amount of $28,160; and
approve adjustment to Fiscal Year 2015/2016 Capital Improvement Program to
reduce Measure M funding from $25,000 by $21,160 down to $3,840 in Measure
M funds as the City's match to the grant.
10. MAYOR AUTHORIZED TO SIGN A LETTER OF SUPPORT TO THE STATE OF
CALIFORNIA, OFFICE OF HISTORIC PRESERVATION NOMINATING THE
EAGAN HOUSE TO THE NATIONAL REGISTER OF HISTORIC PLACES,
LOCATED AT 31892 CAMINO CAPISTRANO (APN 124-160-32); AND CITY
CLERK DIRECTED TO DELIVER A LETTER OF SUPPORT UNDER THE
MAYOR'S SIGNATURE TO THE STATE OF CALIFORNIA, OFFICE OF
HISTORIC PRESERVATION (910.40)
4 10/6/2015
11. CONSIDERATION OF SCHEDULING A PUBLIC HEARING FOR A NOTICE OF
APPEAL FROM CALLAHAN AND BLAINE REGARDING "EL NIDO MOBILE
HOME ESTATES RESIDENTS RENT PROTEST PETITION" (430.10) — ITEM
REMOVED FROM THE AGENDA BY STAFF
12. WATER RATE REFUND CLAIMS DENIED, APPROVED, AND DENIED IN
PART AS IDENTIFIED IN THE AGENDA REPORT, WHICH WERE FILED WITH
THE CITY CLERK (170.70)
Mayor Reeve abstained due to a personal and professional relationship. Council
Member Perry abstained due to a personal relationship.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Allevato and Mayor pro tem Patterson
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Perry and Mayor 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)
ORDINANCES: None.
COUNCIL ACTION ITEMS:
1. CITY STAFF AND CITY ATTORNEY DIRECTED TO RESEARCH AND RETURN
TO CITY COUNCIL WITH OPTIONS FOR REGULATING GROUP HOMES,
INCLUDING THE POSSIBILITY OF A MORATORIUM (460.30)
Council Member Ferguson provided a report.
Public Comments: Warren Hanselman, City resident (provided a Petition);
Lyn Sully, City resident; and David Ludwig, City resident.
Council Action: Moved by Council Member Ferguson, seconded by Council
Member Allevato, and carried unanimously to direct City Staff and the City Attorney
to research and return to City Council with options for regulating group homes,
including the possibility of a moratorium.
5 10/6/2015
CITY COUNCIL REPORTS:
• Council Member Allevato reported attending the League of California Cities
Annual Conference.
• Mayor pro tem Patterson reported attending the Mission Preservation Gala; the
Shea Center for Therapeutic Riding Fundraiser; and the South Dakota Governor's
Annual Buffalo Roundup.
• Mayor Reeve reported attending the 1-5/Ortega Highway Interchange Improvement
Project Dedication Ceremony; a meeting with dignitaries regarding proposed
legislation to keep the San Clemente Hospital open; and asked staff to be cognizant
of the Medical Marijuana Regulation and Safety Act, including any requirement for
the City to act by a certain deadline.
ADJOURNMENT:
no further business Mayor Reeve adjourned the meeting at 7:06 p.m. to
tober 20, 2015, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the
ss Session, in the City Council Chamber.
submitted,
Approved: October 20, 2015
-DSS no-�
DEREK REEVE, MAYOR
10/6/2015