15-1020_CC_Minutes_Regular MeetingMINUTES
October 20, 2015
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 20, 2015, of the City Council of the
City of San Juan Capistrano to order at 5:22 p.m, in the City Council Chamber.
Council Member Perry led the Pledge of Allegiance and Council Member Ferguson
gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Sam Allevato, Kerry K. Ferguson, John M. Perry,
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.
INTRODUCTIONS AND PRESENTATIONS:
1. MAYOR PRO TEM PATTERSON INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Thomas Perrin, Jr., and Ron Denman, Parks,
Recreation, Senior and Youth Services Commission.
2. SENATOR PAT BATES PROVIDED AN UPDATE ON THE 2015 CALIFORNIA
LEGISLATIVE SESSION (610.40)
ORAL COMMUNICATIONS:
Yvonne Murai, City resident; Art Guevara, City resident; Larry Kramer, City resident;
and Jonathan Volzke, Municipal Water District.
PUBLIC HEARINGS: None.
ADMINISTRATIVE ITEMS:
E1 CITY MANAGER
a. CONSIDERATION OF NEXT STEPS REGARDING THE WORK PLAN OF THE
POTENTIAL CHANGE IN THE ORGANIZATION OF THE CITY'S WATER,
SEWER AND STORMWATER UTILITY (BROWNSTEIN HYATT FARBER
SCHRECK) (600.3011050.10)
Stephanie Hastings, Brownstein Hyatt Farber Schreck, and Dean Gibson, HDR
Engineering, Inc., provided a PowerPoint presentation and responded to
questions.
Council Action: Moved by Council Member Ferguson, seconded by Council
Member Perry, and carried 4-1 with Council Member Allevato opposed, to
authorize the Interim City Manager, with the assistance of the consultant team, to
further pursue potential changes in organization of the City's water and
wastewater utilities described as Options 1 through 3 in the PowerPoint
presentation (Option 9: sale/transfer to public entity, Option 2: creation of new
special district, Option 3: contract service by public entity) and report back to the
City Council with the recommended next steps for undertaking the process,
including any recommended outreach with the Local Agency Formation
Commission (LAFCO) and the public.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: Allevato
ABSENT: COUNCIL MEMBER: None
E2 CITY ATTORNEY
a. INTRODUCTION AND FIRST READING OF AN ORDINANCE IMPOSING A
TEMPORARY MORATORIUM ON THE PERMITTING OR ESTABLISHMENT IN
RESIDENTIAL ZONES OF CONGREGATE LIVING FACILITIES, SUBJECT TO
REASONABLE ACCOMMODATION, TO ALLOW TIME FOR CONSIDERATION
OF APPROPRIATE AMENDMENTS TO THE CITY MUNICIPAL CODE (460.30)
Jeffrey Ballinger, City Attorney, provided an agenda report and responded to
questions.
Public Comments: Sean Treacy, San Clemente resident; Robin Lovell,
Hope by the Sea; Julianne Piascik, Hope by the Sea; Krishana Jessick,
Casa Recovery, Inc.; David Ludwig, City resident; Beth Billstein,
San Clemente resident; Dr. Karim Khani, no residence provided;
Dr. Charles Wilson, City resident; Robert Began, Esq., no residence
provided; Anonymous Speaker, City resident; and Larry Smith, no residence
provided.
Jeff Ballinger, City Attorney, read the title of the Ordinance.
Moved by Mayor pro tem Patterson, seconded by Council Member Ferguson
but motion failed 3-2 with Mayor Reeve and Council Member Allevato opposed to
adopt an Interim Urgency Ordinance imposing a moratorium on the permitting or
establishment in residential zones of congregate living facilities, subject to
reasonable accommodation, to allow time for consideration of appropriate
amendments to the City Municipal Code. Interim Urgency Ordinance required
a 4/5 vote for adoption.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry and Mayor pro tem Patterson
NOES: COUNCIL MEMBER: Allevato and Mayor Reeve
ABSENT: COUNCIL MEMBER: None
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7,
7
Council Action: Moved by Mayor pro tem Patterson, seconded by
Council Member Ferguson, and carried 3-2 with Mayor Reeve and Council
Member Allevato opposed to the introduction and first reading of an Ordinance
entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, IMPOSING A TEMPORARY
MORATORIUM ON THE PERMITTING OR ESTABLISHMENT IN RESIDENTIAL
ZONES OF CONGREGATE LIVING FACILITIES, SUBJECT TO REASONABLE
ACCOMMODATION, TO ALLOW TIME FOR CONSIDERATION OF
APPROPRIATE AMENDMENTS TO THE CITY MUNICIPAL CODE."
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry and Mayor pro tem Patterson
NOES: COUNCIL MEMBER: Allevato and Mayor Reeve
ABSENT: COUNCIL MEMBER: None
CONSENT CALENDAR:
Council Action: Moved by Council Member Allevato, seconded by Mayor pro tem
Patterson, and carried unanimously to approve consent calendar items 1, through 10,
as recommended by staff, with Council Member Ferguson and Council Member Perry
abstaining from consent calendar item 5.
1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
2. CITY COUNCIL MINUTES — SPECIAL MEETING OF OCTOBER 5, 2015,
(CLOSED SESSION) APPROVED.
3. CITY COUNCIL MINUTES — SPECIAL MEETING OF OCTOBER 6, 2015,
(CLOSED SESSION) APPROVED.
4. CITY COUNCIL MINUTES — REGULAR MEETING OF OCTOBER 6, 2015,
APPROVED.
5. CHECK REGISTERS FOR ELECTRONIC TRANSACTIONS AND CHECKS
DATED SEPTEMBER 18, 2015, TO OCTOBER 1, 2015; PAYROLL (CHECKS)
DATED SEPTEMBER 18, 2015; AND PAYROLL (CHECKS) DATED
SEPTEMBER 25, 2015; AND (DIRECT DEPOSITS) DATED SEPTEMBER 25,
2015, RECEIVED AND FILED (300.30)
Council Member Perry abstained due to his former employment and proximity of
his residence with the San Juan Hills Golf Club. Council Member Ferguson
abstained due to proximity to her residence.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAIN: COUNCIL MEMBER: Ferguson and Perry
3 10/20/2015
6. PROPOSED ADJUSTMENTS TO THE CITY'S OPERATING FUNDS,
APPROVED AS PRESENTED (330.20)
7. SECOND READING APPROVED, AND ORDINANCE 1025 ADOPTED
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" (450.40)
8. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
9. MEMORANDUM OF UNDERSTANDING (MOU) FOR SUPPORT OF
RADIOLOGICAL EMERGENCY PLANNING, RESPONSE AND RECOVERY
RELATED TO THE SAN ONOFRE NUCLEAR GENERATING STATION
(SONGS) WITH SOUTHERN CALIFORNIA EDISON, THE COUNTIES OF
ORANGE AND SAN DIEGO, AND THE CITIES OF SAN JUAN CAPISTRANO,
SAN CLEMENTE AND DANA POINT, APPROVED (600.501600.30)
10. AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH
THE BLAS AGUILAR ADOBE FOUNDATION FOR THE BLAS AGUILAR
ADOBE NATURE EDUCATION FACILITY (NEF) GRANT PROJECT
(CIP 07403), APPROVED (600.30)
11. HEARING SCHEDULED FOR OCTOBER 26, 2015, TO CONSIDER THE
SUBSTANCE OF THE NOTICE OF APPEAL FROM CALLAHAN AND BLAINE
REGARDING "EL NIDO MOBILE HOME ESTATES RESIDENT RENT
PROTEST PETITION," RECEIVED SEPTEMBER 28, 2015, WITH THE
EXCEPTION OF ITEMS 7, 8, AND 9 (430.10)
Council Member Ferguson and Council Member Allevato recused themselves
from this agenda item, the appeal hearings resulting from this agenda item,
and the upcoming October 26, 2015, EI Nido rent control review hearing (even
though not legally required to do so) in order to avoid the slightest appearance of
impropriety.
Jeff Ballinger, City Attorney, provided an agenda report.
Public Comments: Dan Rudderow, Dudderow Law Group, representing
the EI Nido Mobile Home Estates park owner.
Council Action: Moved by Council Member Perry, seconded by Mayor pro tem
Patterson, and carried 3-2 with Council Member Ferguson and Council Member
Allevato recused to schedule a hearing on October 26, 2015, to consider the
substance of the Notice of Appeal from Callahan and Blaine regarding
"EI Nido Mobile Home Estates Resident Rent Protest Petition," received
September 28, 2015, with the exception of items 7, 8, and 9.
4 10/20/2015
ROLL CALL:
AYES: COUNCIL MEMBER: Perry, Patterson and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Ferguson and Allevato
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
ORDINANCES: None.
COUNCIL ACTION ITEMS:
1. DISCUSSION AND DIRECTION OF PLACING SAINT JUNIPERO SERRA'S
MOTTO "SIEMPRE ADELANTE, NUNCA ATRAS" ON A CITY COUNCIL
CHAMBER WALL (200.10)
• Public Correspondence: Jan Siegel, City resident; and Ann Ronan,
City resident.
Council Member Ferguson and Council Member Perry provided a report.
• Public Comments: Rick Mendez, City resident (spoke on under
Oral Communications).
Moved by Council Member Perry, seconded by Council Member Ferguson
but motion failed 2-3 with Mayor Reeve, Mayor pro tem Patterson and
Council Member Allevato opposed to placing Saint Junipero Serra's Motto
"Siempre Adelante, Nunca Atras" on a City Council Chamber wall.
ROLL CALL:
AYES: COUNCIL MEMBER: Ferguson, Perry
NOES: COUNCIL MEMBER: Allevato, Patterson and Mayor Reeve
ABSENT: COUNCIL MEMBER: None
2. CONSIDERATION OF THE INSTALLATION OF AN AMERICAN FLAG
DISPOSAL BIN AT CITY HALL BY OUR SAN JUAN CAPISTRANO AMERICAN
LEGION POST 721, AUTHORIZED (100.20)
Council Member Allevato provided a report.
Council Action: Moved by Council Member Allevato, seconded by Mayor Reeve,
and carried unanimously to authorize the San Juan Capistrano American Legion
Post 721 to install, and maintain an American Flag disposal bin at City Hall.
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5 10/20/2015
CITY COUNCIL REPORTS:
• Council Member Ferguson reported on the following: attending the League of
California Cities Annual Conference; Transportation Corridor Agencies Board
Meetings; Juaneno Planning Committee Meeting regarding the Cultural Heritage
Center to be developed on the City's Northwest Open Space; tour of the proposed
north and east bike trail, and around the perimeter of the City's Riding Park which
would connect under the highway to Casper's Park and to the beach.
• Council Member Allevato reported on the following: attending the League of
California Cities Annual Conference; Fiesta Association Chili Cook -Off; and a
meeting regarding a trail connector across the street at Reata Park and Event
Center, and go across the Ortega Highway on Reata Road and cross over the
County area and along Ortega Highway to the Southern California Edison right of
way, and would connect to the City's trail systems that would lead to the Hunt Club
and Stoneridge; and a meeting regarding tourism and marketing of the Mission and
the City's Riding Park as an attraction for the two proposed hotels in downtown.
• Mayor pro tem Patterson reported on the following: Webinar on the Medical
Marijuana Safety Act; and a Vector Control Meeting.
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at 9:18 p.m. to
Monday, October 26, 2015, at 10:00 a.m. for an Adjourned Regular meeting; and then
to Tuesday, November 3, 2015, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the
public'6�s noss Session, in the City Council Chamber.
Approved: November 3, 2015
ATTEST:
DEREK REEVE, MAYOR
10/20/2015