MINUTES January 25, 2016 SAN JUAN CAPISTRANO CITY COUNCIL ADJOURNED REGULAR MEETING 2/2/2016 F4 BUSINESS SESSION: Mayor Patterson called the Adjourned Regular Meeting of January 25, 2016, of the City Council of the City of San Juan Capistrano to order at 4:09p.m. in the City Council Chamber. Council Member Ferguson led the Pledge of Allegiance. COUNCIL MEMBERS PRESENT: Mayor Pam Patterson, Esq., Mayor pro tern Kerry K. Ferguson, and Council Members Derek Reeve, and Sam Allevato. COUNCIL MEMBERS Council Member John M. Perry. Agenda items are presented in the originally agendized format for the benefit of the minutes' reader, but were not necessarily heard in that order. ORAL COMMUNICATIONS: Stephanie Frisch, City resident; Beverly Blake, City resident; Tina Auclair, City resident; Steve Behmerwohld, City resident; Kathy Hooper, City resident; Mary Demers, Friends of the Library; Frank G. Larkin, City resident; and Clint Worthington, City resident. CONSENT CALENDAR: Council Action: Moved by Council Member Reeve, seconded by Council Member Allevato, and carried 4-0 with Council Member Perry absent to approve consent calendar items 1, through 6, and 8 through 15, as recommended by staff. 1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2. CITY COUNCIL MINUTES - SPECIAL MEETING OF JANUARY 5, 2016, (CLOSED SESSION) APPROVED. 3. CITY COUNCIL MINUTES - REGULAR MEETING OF JANUARY 5, 2016, APPROVED. 4. CHECK REGISTERS FOR ELECTRONIC TRANSACTIONS AND CHECKS DATED NOVEMBER 27, 2015, TO DECEMBER 10, 2015; DECEMBER 11, 2015, TO DECEMBER 24, 2015; PAYROLL (CHECKS) DATED DECEMBER 4, 2015; PAYROLL (CHECKS) DATED DECEMBER 18, 2015; AND PAYROLL (DIRECT DEPOSITS) DATED DECEMBER 18, 2015, RECEIVED AND FILED (300.30) 5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED NOVEMBER 30, 2015, RECEIVED AND FILED (350.30) 1
6. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.1 0) 7. RESOLUTION NO. 16-01-25-01 ADOPTED ADJUSTING THE COST OF LIVING CHANGES RELATED TO THE CITY'S CAMPAIGN CONTRIBUTION LIMITS" (660.10) Maria Morris, City Clerk provided an agenda report. Financial Officer/City Treasurer responded to question. Cindy Russell, Chief Council Action: Moved by Mayor pro tern Ferguson, seconded by Council Member Allevato, and carried 4-0 with Council Member Perry absent to adopt RESOLUTION NO. 16-01-25-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADJUSTING THE COST OF LIVING CHANGES RELATED TO THE CITY'S CAMPAIGN CONTRIBUTION LIMITS." COUNCIL MEMBER: Reeve, Allevato, Ferguson and Mayor Patterson COUNCIL MEMBER: None 8. VACANCY DECLARED ON THE TRAILS AND EQUESTRIAN COMMISSION; AND CITY CLERK DIRECTED TO PREPARE AND POST APPROPRIATE NOTICES TO SOLICIT APPLICATIONS (110.20) 9. CLAIM OF KATHLEEN HARKINS DENIED BASED ON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN AND COMPANY (170.10) 10. CLAIM OF ROBERTS. YARAK JR. DENIED BASED ON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN AND COMPANY (170.10) 11. CLAIM OF CANDICE NORRIS DENIED BASED ON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN AND COMPANY (170.10) 12. WATER REFUND CLAIMS IDENTIFIED IN THE AGENDA REPORT, DENIED, WHICH WERE FILED WITH THE CITY CLERK (170.70) 2 1/25/2016
13. RESOLUTION NO. 16-01-25-02 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 SIDEWALK CONSTRUCTION ON THE NORTH SIDE OF VIA POSITIVA STREET BETWEEN ALIPAZ STREET AND SCHOOL DROP-OFF AREA; AND INSTALLATION OF NEW LIGHTED CROSSWALK ON CAMINO DEL AVION AT AVENIDA DESCANSO (CIP 08103) (CHI CONSTRUCTION, INC.); AND CITY CLERK DIRECTED TO PROCESS RECORDING OF THE NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE PROJECT RETENTION, IN THE AMOUNT OF $10,297.73, THIRTY-FIVE DAYS AFTER RECORDATION (600.30) 14. AMENDMENT NO 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ELEMENTS ARCHITECTURE, INC. FOR $27,000, BRINGING THE TOTAL CONTRACT AMOUNT NOT TO EXCEED $71,000, FOR PREPARATION OF DESIGN PLANS AND CONSTRUCTION SUPPORT SERVICES FOR THE CITY HALL COMPLEX ROOF REPAIR AND SIDING REPLACEMENT PROJECT (CIP 15305), APPROVED (600.30) 15. ORDINANCE 1028 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION 9-3.502 TO THE MUNICIPAL CODE TO PROHIBIT CANNABIS DISPENSARIES, CANNABIS MANUFACTURES, CULTIVATION, AND CANNABIS DELIVERY IN THE CITY (660.10) 16. FULL FEE WAIVER REQUEST FROM STONEYBROOKE CHRISTIAN SCHOOLS FOR ITS ANNUAL SHOE GIVE-AWAY EVENT AT EL CAMINO REAL PARK ON FEBRUARY 3, 2016, APPROVED (960.20) David Ott, Interim Assistant City Manager, provided an agenda report. Public Comments: Kathy Hooper, City resident. Council Action: Moved by Council Member Allevato, seconded by Mayor pro tern Ferguson, and carried 4-0 with Council Member Perry absent to approve a full fee waiver request from Stoneybrooke Christian Schools for its Annual Shoe Give-Away Event at El Camino Real Park on February 3, 2016. COUNCIL MEMBER: Reeve, Allevato, Ferguson and Mayor Patterson COUNCIL MEMBER: None 3 1/25/2016
PLANNING COMMISSION INTERVIEWS: 1. INTERVIEWS CONDUCTED; AND TIMOTHY S. NEELY APPOINTED TO THE PLANNING COMMISSION VACANCY (110.20) Maria Morris, City Clerk, conducted a random drawing to set the applicant's interview order schedule. The City Council interviewed in the order below the following applicants: Robert R. Cardoza Roger D. Hart Paul L. Jenkinson Timothy S. Neely. Public Comments: Peter Freska, no place of residence provided; Chris Basantes, City resident; and Rob Williams, City resident. Maria Morris, City Clerk, conducted the ballot process. The City Council casted two (2) separate votes by ballot. Moved by Council Member Reeve, seconded by Council Member Allevato, and motion failed 2-2-0 with Mayor Patterson and Mayor pro tern Ferguson opposed, and Council Member Perry absent to appoint Timothy S. Neely to the Planning Commission, with term ending March 31, 2017. COUNCIL MEMBER: Reeve and Allevato COUNCIL MEMBER: Mayor Patterson and Mayor pro tern Ferguson Moved by Council Member Allevato, seconded by Council Member Reeve, and motion failed 2-2-0 with Mayor Patterson and Mayor pro tern Ferguson opposed, and Council Member Perry absent to appoint Timothy S. Neely to the Planning Commission, with term ending March 31, 2017, based upon the vote conducted by the ballot process (2 votes casted for Timothy S. Neely, 1 vote casted for Paul L. Jenkinson, and 1 vote casted for Robert R. Cardoza). COUNCIL MEMBER: Reeve and Allevato COUNCIL MEMBER: Mayor Patterson and Mayor pro tern Ferguson Mayor Patterson provided a substitute motion, but motion failed for a lack of a second to appoint Paul L. Jenkinson to the Planning Commission, with term ending March 31, 2017. 4 1/25/2016
Council Action: Moved by Council Member Allevato, seconded by Council Member Reeve, and carried 3-1-0 with Mayor Patterson opposed and Council Member Perry absent to appoint Timothy S. Neely to the Planning Commission, with term ending March 31, 2017, following the majority vote taken by the 2nd ballot (2 votes casted for Timothy S. Neely, 1 vote casted for Paul L. Jenkinson, and 1 vote casted for Robert R. Cardoza), after review of the candidates, the interview process, and the statement made by PaulL. Jenkinson wishing to withdraw his application from consideration. COUNCIL MEMBER: Reeve, Allevato and Mayor pro tern Ferguson COUNCIL MEMBER: Mayor Patterson COUNCIL ACTION ITEM: E1. CONSIDERATION OF APPOINTMENT OF CITY COUNCIL REPRESENTATIVES TO OUTSIDE AGENCIES; RESOLUTION DESIGNATING REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS; AND UPDATE AND POSTING OF THE FAIR POLITICAL PRACTICES COMMISSION (FPPC) FORM 806 ON THE CITY'S WEBSITE (610.60) -ITEM CONTINUED TO FEBRUARY 2, 2016 Council Action: Moved by Mayor pro tern Ferguson, seconded by Council Member Reeve, and carried 3-1-0 with Council Member Allevato opposed and Council Member Perry absent to continue the item to February 2, 2016. COUNCIL MEMBER: Reeve, Allevato, Ferguson and Mayor Patterson COUNCIL MEMBER: None 5 1/25/2016
ADJOURNMENT: There being no further business Mayor Patterson adjourned the meeting at 5:54p.m. to Tuesday, February 2, 2016, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public Business Session, in the City Council Chamber. Respectfully submitted, MARIA MORRIS, CITY CLERK Approved: February 2, 2016 ATIEST: PAM PATIERSON, ESQ., MAYOR 6 1/25/2016