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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