19-0319_CC_Minutes_Regular MeetingMINUTES
March 19, 2019
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Maryott called the Regular Meeting of
City Council of the City of San Juan Capistrano
City Council Chamber. Council Member Taylor led
Mayor Pro Tem Bourne gave the invocation.
ROLL CALL:
March 19, 2019, of the
to order at 5:11 p.m., in the
the Pledge of Allegiance and
COUNCIL MEMBERS PRESENT: Mayor Brian L. Maryott, Mayor Pro Tem Troy Bourne,
and Council Members Derek Reeve, John Taylor and Sergio Farias.
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:
B1. MAYOR PRO TEM BOURNE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Tom Perrin, Parks, Recreation, Youth and Senior Services,
Trails and Equestrian Commission; Matt Gaffney, Planning Commission;
Bill Bonney, Cultural Heritage Commission; and, Gabriella Zuniga,
Isabella Zuniga, David Bogdanovic, Salvador Amezcua, and Esmeralda Chavez,
Youth Advisory Board.
ORAL COMMUNICATIONS:
• Public Comments: Jamie Musselman, City resident; Kathy Hooper, City resident;
Kathleen Petersen, City resident; Steve Behmerwohld, City resident;
Kerry Ferguson, City resident; and, John Bernie and Kathy Holman,
City business owners.
PUBLIC HEARINGS:
D1. RESOLUTION NO. 19-03-19-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING
GENERAL PLAN AMENDMENT (GPA)17-002 TO AMEND THE OFFICIAL LAND
USE MAP FROM OFFICE/RESEARCH PARK TO ASSISTED CARE FACILITY
FOR 31451, 31531, & A PORTION OF 31501 AVENIDA LOS CERRITOS (APN
650-151-14, 650-151-15, & 1.4 ACRE PORTION OF 650-151-24)(APPLICANT:
PROTEA SENIOR LIVING, SJC, LLC);" AND, INTRODUCTION AND FIRST
READING OF AN ORDINANCE APPROVED ENTITLED "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
1 3/19/2019
APPROVING A REZONE REQUEST TO AMEND THE OFFICIAL ZONING MAP
FROM OFFICE COMMERCIAL TO PUBLIC & INSTITUTIONAL FOR 31451,
31531, & A PORTION OF 31501 AVENIDA LOS CERRITOS (APNS 650-151-
14/151 & 1.4 ACRE PORTION OF 650-151-24) (APPLICANT: PROTEA SENIOR
LIVING, SJC, LLC)" (440.25/460.20)
• Public Correspondence: David and Louis Powers, place of residence not
provided.
Laura Stokes, Housing Supervisor/Associate Planner, provided a PowerPoint
presentation.
Mayor Maryott opened the public hearing and invited public testimony. No public
testimony was received. Mayor Maryott closed the Public Hearing.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor Maryott, seconded by Council Member Taylor,
and carried unanimously to adopt RESOLUTION NO. 19-03-19-01
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM, AND APPROVING GENERAL PLAN AMENDMENT
(GPA) 17-002 TO AMEND THE OFFICIAL LAND USE MAP FROM
OFFICE/RESEARCH PARK TO ASSISTED CARE FACILITY FOR 31451, 31531,
& A PORTION OF 31501 AVENIDA LOS CERRITOS (APN 650-151-14,650-151-
15, & 1.4 ACRE PORTION OF 650-151-24)(APPLICANT: PROTEA SENIOR
LIVING, SJC, LLC);" and, approve the introduction and first reading of an
ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA APPROVING A REZONE REQUEST
TO AMEND THE OFFICIAL ZONING MAP FROM OFFICE COMMERCIAL TO
PUBLIC & INSTITUTIONAL FOR 31451, 31531, & A PORTION OF 31501
AVENIDA LOS CERRITOS (APNS 650-151-14/15, & 1.4 ACRE PORTION OF
650-151-24) (APPLICANT: PROTEA SENIOR LIVING, SJC, LLC)."
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Mayor Maryott,
and carried unanimously to approve consent calendar items E1 through E10, as
recommended by staff.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF MARCH 5, 2019
(CLOSED SESSION), APPROVED
E3. CITY COUNCIL MINUTES — REGULAR MEETING OF MARCH 5, 2019,
APPROVED
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n
F,
E4. CITY COUNCIL MINUTES — ADJOURNED REGULAR MEETING OF
MARCH 11, 2019, APPROVED
E5. CHECK REGISTERS FOR THE PERIOD FROM FEBRUARY 15, 2019, TO
FEBRUARY 28, 2019, RECEIVED AND FILED (330.30)
E6. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
E7. PARCEL MAP NO. 2015-183 APPROVED AS IT CONFORMS WITH
REQUIREMENTS SET FORTH IN THE SUBDIVISION MAP ACT AND
APPROVED TENTATIVE PARCEL MAP 2015-183; CITY ENGINEER AND THE
CITY CLERK AUTHORIZED TO EXECUTE PARCEL MAP NO. 2015-183; AND,
CITY ENGINEER DIRECTED TO FORWARD PARCEL MAP NO. 2015-183 TO
THE COUNTY OF ORANGE FOR EXECUTION BY THE COUNTY SURVEYOR,
COUNTY ASSESSOR, AND COUNTY CLERK -RECORDER (420.70)
E8. CITY'S HOUSING ELEMENT PROGRESS REPORT FOR 2018, RECEIVED
AND FILED; AND, STAFF AUTHORIZED TO SUBMIT THE REPORT TO THE
STATE'S OFFICE OF PLANNING AND RESEARCH (430.10)
E9. MISSION FEST 2019 REPORT ON PRIVATE EVENT PLANNED TO OCCUR AT
THE RANCHO MISSION VIEJO RIDING PARK AT SAN JUAN CAPISTRANO,
RECEIVED AND FILED (150.60)
E10. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL
j SERVICES AGREEMENT WITH JIVE COMMUNICATIONS, INC. FOR A
TELECOMMUNICATIONS SYSTEM, IN AN AMOUNT NOT -TO -EXCEED
$24,840 PER YEAR, FOR FIVE YEARS (600.30)
ADMINISTRATIVE ITEMS:
F1. CITY CLERK
a. LISA FENNING, HARRISON TAYLOR, TAMI WILHELM AND HOWARD HART
RE -AFFIRMED AS APPOINTED PLANNING COMMISSIONERS, FOR A TWO-
YEAR TERM ENDING MARCH 31, 2021; STAN BRADEN APPOINTED TO
THE PLANNING COMMSSION, FOR A TWO-YEAR TERM ENDING
MARCH 31, 2021, TO ADDRESS AN ERROR IN BALLOT COUNTING THAT
OCCURRED AT THE CITY COUNCIL MEETING OF MARCH 11, 2019;
VACANCY DECLARED ON THE DESIGN REVIEW COMMITTEE, AND
CITY CLERK DIRECTED TO PREPARE AND POST APPROPRIATE NOTICES
TO SOLICIT APPLICATIONS; AND, STAFF DIRECTED TO BRING BACK TO
THE CITY COUNCIL DIFFERENT OPTIONS THAT OTHER CITIES USE FOR
SELECTING ITS PLANNING COMMISSION, INCLUDING THE ABILITY FOR
THE CITY COUNCIL TO MAKE CHANGES TO ITS POLICY ON THE PLANNING
COMMISSION APPOINTMENT PROCESS, IF NECESSARY (110.20)
• Public Correspondence: Clint Worthington, City resident; and,
Kerry Ferguson, City resident.
3 3/19/2019
Council Member Taylor recused himself from the 1St Council action and left the
Council Chamber, because his son Harrison Taylor is a source of income to him.
Maria Morris, provided an agenda report and responded to questions.
Jeffrey Ballinger, City Attorney, provided input on the Planning Commission
appointment process and responded to questions.
• Public Comments: Kerry Ferguson, City resident.
1st Council Action: Moved by Mayor Maryott, seconded by
Council Member Farias, and carried 4-0 with Council Member Taylor recused to
re -affirm the appointment of Lisa Fenning, Harrison Taylor and Tami Wilhelm to
the Planning Commission for a two-year term ending March 31, 2021.
ROLL CALL:
AYES:
COUNCIL MEMBER: Reeve, Farias, Bourne and Mayor Maryott
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Taylor
2"d Council Action: Moved by Mayor Maryott, seconded by
Council Member Reeve, and carried unanimously to re -affirm the appointment of
Howard Hart to the planning commission for a two-year term ending
March 31, 2021.
3rd Council Action: Moved by Mayor Maryott, seconded by
Mayor Pro Tem Bourne, and carried 4-1 with Council Member Farias opposed to
appoint Stan Braden to the Planning Commission for a two-year term ending
March 31, 2021, to address ballot error occurring at the City Council meeting of
March 11, 2019.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Taylor, Bourne and Mayor Maryott
NOES: COUNCIL MEMBER: Farias
ABSENT: COUNCIL MEMBER: None
4th Council Action: Moved by Mayor Maryott, seconded by
Council Member Taylor, and carried unanimously to declare a vacancy on the
Design Review Committee; and, direct the City Clerk to prepare and post
appropriate notices to solicit applications.
Council Member Farias made a motion, seconded by Mayor Maryott to nominate
future Planning Commissioners through a Mayoral Subcommittee, but motion
failed due to approved 5th Council Action.
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4 3/19/2019
5th Council Action: Moved by Council Reeve, seconded by Council Member
Farias, and carried unanimously to direct staff to bring back to the City Council
different options that other cities use for selecting its Planning Commission,
including the ability for the City Council to make changes, if necessary to its
current Planning Commission appointment process policy.
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS: None.
CITY COUNCIL REPORTS:
• Council Member Farias reported attending an
(OCFA) Budget and Finance Committee Meeting.
• Council Member Taylor reported attending a
San Onofre Nuclear Generating Station.
CITY MANAGER REPORT: None.
ADJOURNMENT:
Orange County Fire Authority
tour of the decommissioned
There being no further business Mayor Maryott adjourned the meeting at 6:14 p.m. to
Tuesday, Aipril 2, 2019, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public
Busihes* S1=ssion, in the City Council Chamber.
submitted,
CITY
Approved: April 2, 2019
ATTEST:
BRI N; t 'MARYOTT, MAYOR
5 3/19/2019