MINUTES October 20, 2015 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING

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1 MINUTES October 20, 2015 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION: Please refer to separate Special Meeting minutes. 11/3/2015 F4 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. COUNCIL MEMBERS PRESENT: Sam Allevato, Kerry K. Ferguson, John M. Perry, Mayor protem Pam Patterson, Esq. and Mayor Derek Reeve. COUNCIL MEMBERS 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 PATIERSON 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 HYATI FARBER SCHRECK) (600.30/ ) Stephanie Hastings, Brownstein Hyatt Farber Schreck, and Dean Gibson, HDR Engineering, Inc., provided a PowerPoint presentation and responded to questions. 1

2 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 1: 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. COUNCIL MEMBER: Ferguson, Perry, Patterson and Mayor Reeve COUNCIL MEMBER: Allevato 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 tern 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 415 vote for adoption. COUNCIL MEMBER: Ferguson, Perry and Mayor protem Patterson COUNCIL MEMBER: Allevato and Mayor Reeve 2 10/20/2015

3 Council Action: Moved by Mayor pro tern 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." COUNCIL MEMBER: Ferguson, Perry and Mayor protem Patterson COUNCIL MEMBER: Allevato and Mayor Reeve CONSENT CALENDAR: Council Action: Moved by Council Member Allevato, seconded by Mayor pro tern 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 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. ABSTAIN: COUNCIL MEMBER: Allevato, Patterson and Mayor Reeve COUNCIL MEMBER: Ferguson and Perry 3 10/20/2015

4 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 (B), (A) AND OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE AND ADDING A NEW SECTION TO THE SAN JUAN CAPISTRANO MUNICIPAL CODE REGARDING CODE ENFORCEMENT REMEDIES" (450.40) 8. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED ( ) 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 (600.50/600.30) 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, El 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 El Nido Mobile Home Estates park owner. Council Action: Moved by Council Member Perry, seconded by Mayor pro tern 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 /20/2015

5 RECUSED: COUNCIL MEMBER: Perry, Patterson and Mayor Reeve 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 JUN[PERO SERRA'S MOTTO "SIEMPRE ADELANTE, NUNCA ATRAS" ON A CITY COUNCIL CHAMBER WALL (200.10) o Public Correspondence: Jan Siegel, City resident; and Ann Ronan, City resident Council Member Ferguson and Council Member Perry provided a report o 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 tern Patterson and Council Member Allevato opposed to placing Saint Junfpero Serra's Motto "Siempre Adelante, Nunca Atras" on a City Council Chamber wail COUNCIL MEMBER: Ferguson, Perry COUNCIL MEMBER: Allevato, Patterson and Mayor Reeve 2. CONSIDERATION OF THE INSTALLATION OF AN AMERICAN FLAG DISPOSAL BIN AT CITY HALL BY OUR SAN JUAN CAPISTRANO AMERICAN LEGION POST 721, AUTHORIZED ( ) 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 HaiL 5 10/20/2015

6 CITY COUNCIL REPORTS: Council Member Ferguson reported on the following: attending the League of California Cities Annual Conference; Transportation Corridor Agencies Board Meetings; Juanelio 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 4:00p.m. for Closed Session, and 5:00p.m. for the public Business Session, in the City Council Chamber. Respectfully submitted, MARIA MORRIS, CITY CLERK Approved: November 3, 2015 ATTEST: DEREK REEVE, MAYOR 6 10/20/2015