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19-0806_CC_Minutes_Regular MeetingMINUTES August 6, 2019 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Maryott called the Regular Meeting of August City Council of the City of San Juan Capistrano to order at City Council Chamber. Mayor Pro Tem Bourne led the Pledge Mayor Maryott gave the invocation. ROLL CALL: 6, 2019, of the 5:13 p.m., in the 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: Ron Denman, Stephanie Heredia and Tom Perrin, Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission; Bob Cardoza, Design Review Committee; and, Joanne Marquez, Housing Advisory Committee. ORAL COMMUNICATIONS: • Public Comments: Joel Peshkin, City resident; Scott W. Doll, City resident (provided handouts); Dr. Gabrielle O'Connor, City resident; Dr. John Lean, City resident; Moyra Eulitz, City resident (provided handouts); Dr. Julie Ryan Johnson, San Juan Capistrano Equestrian Coalition; Mary Crawford, City resident; Ann Ronan, City resident; and, Steve Behmerwohld, City resident. PUBLIC HEARINGS: D1. CONSIDERATION OF PROPOSED RIVER STREET MARKETPLACE PROJECT, LOCATED AT 31825 LOS RIOS STREET, INCLUDING: RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING REPORTING PROGRAM, APPROVING GENERAL PLAN AMENDMENT (GPA) 18-002 AND APPROVING FLOOD PLAIN LAND USE PERMIT (FP) 16-003; INTRODUCTION OF AN ORDINANCE APPROVING CODE AMENDMENT (CA) 16-003; AND INTRODUCTION OF AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT (DA) 18-002 (ASSESSOR PARCEL NUMBERS 121-160-22, 28, 49) (DAN ALMQUIST, RIVER STREET SJC, LLC) (440.25/550.10/410.50/600.30) — PUBLIC HEARING CONTINUED TO AUGUST 20, 2019 1 8/6/2019 Public Correspondence: Due to high volume of correspondence received, correspondence is kept in the City Clerk's Office and is also available as enclosures to the Agenda Report on the City's Website. Council Member Taylor recused himself due to proximity of the project to his residence, and left the Council Chamber. Joel Rojas, Development Services Director, provided an agenda report. Mayor Maryott opened the public hearing and invited public testimony. No public testimony was received. Council Action: Moved by Council Member Farias, seconded by Council Member Reeve, and carried 4-0 with Council Member Taylor recused to continue the public hearing to the August 20, 2019, Council meeting. ROLL CALL: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: RECUSED: COUNCIL MEMBERS: Reeve, Farias, Bourne and Maryott None None Taylor D2. RESOLUTION 19-08-06-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR THE 2019 ABATEMENT PROGRAM IN THE CITY OF SAN JUAN CAPISTRANO;" AND ORANGE COUNTY AUDITOR - CONTROLLER'S OFFICE AUTHORIZED TO INCLUDE THE ASSESSMENTS FOR WEED ABATEMENT CHARGES ON THE FISCAL YEAR 2019-2020 PROPERTY TAX ROLL (540.70) Steve May, Public Works and Utilities Director, provided a report. Mayor Maryott opened the public hearing and invited public testimony. No public testimony was received. Mayor Maryott closed the Public Hearing. Council Action: Moved by Council Member Reeve, seconded by Council Member Taylor, and carried unanimously to adopt RESOLUTION 19-08-06-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR THE 2019 WEED ABATEMENT PROGRAM IN THE CITY OF SAN JUAN CAPISTRANO;" and authorizing the Orange County Auditor -Controller's Office to include the assessments for weed abatement charges on the Fiscal Year 2019-2020 Property Tax Roll. 2 8/6/2019 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, with Council Member Taylor abstaining from consent calendar items E6. E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. E2, CITY COUNCIL MINUTES — SPECIAL MEETING OF JULY 16, 2019 (CLOSED SESSION), APPROVED E3. CITY COUNCIL MINUTES — REGULAR MEETING OF JULY 16, 2019, APPROVED E4. CHECK REGISTERS FOR THE PERIOD FROM JUNE 21, 2019, TO JULY 18, 2019, RECEIVED AND FILED (330.30) E5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED JUNE 30, 2019, RECEIVED AND FILED (350.30) E6. PROPOSED PROTOTYPE DESIGN FOR METAL PLANT IDENTIFICATION SIGNS FOR USE IN LOS RIOS PARK, APPROVED, AND SIGNAGE DONATION FROM GOIN NATIVE THERAPEUTIC GARDENS, ACCEPTED (150.65) Council Member Taylor abstained due to proximity of his residence to Los Rios Park. RC)I I rAl I AYES: COUNCIL MEMBER: Reeve, Farias, Bourne and Mayor Maryott NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: Taylor E7. MAYOR'S SUBCOMMITTEE'S RECOMMENDATION RECEIVED; AND, UTILITIES COMMISSION VACANCY NOT TO BE FILLED AT THIS TIME (110.20) E8. MAYOR'S SUBCOMMITTEE'S RECOMMENDATION RECEIVED; AND, JOHN ALPAY APPOINTED TO FILL THE VACANCY ON THE CITIZENS' BOND OVERSIGHT AD-HOC COMMITTEE, WITH TERM ENDING DECEMBER 31, 2019 (340.20) E9. CITY MANAGER AUTHORIZED TO EXECUTE A FIRST AMENDMENT TO AN EXISTING WIRELESS COMMUNICATIONS FACILITIES SITE LEASE BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND NEW CINGULAR WIRELESS PCS, LLC, RELATED TO THE OPERATION OF AN EXISTING ANTENNA FACILITY AT THE CITY'S SPORTS PARK (600.30) 3 8/6/2019 E% RESOLUTION 19-08-06-02 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING RESOLUTION NO. 09-12-01-09 AND ALL OTHER RESOLUTIONS IN CONFLICT HEREWITH, AND ESTABLISHING "NO PARKING ANY TIME" PARKING RESTRICTIONS ON PORTIONS OF VILLAGE ROAD;" AND, RESOLUTION 19-08-06-03 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING RESOLUTION NO. 09-12-01-08 AND ESTABLISHING PARKING RESTRICTIONS ON PORTIONS OF VILLAGE ROAD FOR SCHOOL BUS LOADING FROM 7:00 A.M. TO 4:30 P.M. ON REGULAR SCHOOL DAYS" (570.30) • Public Correspondence: Nancy Conover, City resident; Brynn Lavison, Mission Viejo Animal Services Center; Loraine Walsh, City resident; Ted Connor and Shelley Snow, City residents; Shirley Griffin, City resident; Kathy Striffolino, City resident; Steve Ybarra, City resident; Ed Johnston, City resident; C. William Cole, City resident; Mary Ann Tucker, City resident; Kirill Gliadkovsky, City resident; and, Jim Lorenzen, City resident. ADMINISTRATIVE ITEMS: F1. DEVELOPMENT SERVICES a. LICENSE AGREEMENT TO ALLOW A PRIVATE EQUESTRIAN BARN AT 27281 VIEWPOINT CIRCLE, LOT 25 OF TRACT 6381 (STUDIO 6 ARCHITECTS) (600.30) — CONTINUED TO SEPTEMBER 3, 2019 ■ Public Correspondence: Robyn Robinson, City resident (submitted two correspondences); Steve and Alana McKeag, City residents; and, Paul J. Blasdel, City resident. Laura Stokes, Housing Supervisor/Associate planner, provided an agenda report and responded to questions. Charlie View, Assistant City Manager and Jeff Ballinger, City Attorney, responded to questions. ■ Public Comments: Rob Williams, Studio 6 Architects, representing Applicant; Nick Dinapoli, City resident; Rudi and Diana Brutoco, City residents; Steve and Alana McKeag, City residents; Michae and Juliana Brutoco Bianchi, City residents; and, Steve Steinhauser, Stoneridge Homeowners Association. Mayor Maryott made a motion, seconded by Council Member Reeve to approve a License Agreement with John Smith and Agatha Gerutto, property owners of 27281 Viewpoint Circle, to allow construction of a 1,028 square foot private equestrian barn within a portion of 27281 Viewpoint Circle, Lot 25 of Tract 6381, where development rights have been dedicated to the City, but motion failed due to approved substitute motion. 4 8/6/2019 Substitute Council Action: Moved by Mayor Pro Tem Bourne, seconded by Council Member Farias, and carried 3-2 with Mayor Maryott and Council Member Reeve opposed to continue the item to the September 3, 2019, meeting. ROLL CALL: AYES: COUNCIL MEMBER: Taylor, Farias and Mayor Pro Tem Bourne NOES: COUNCIL MEMBER: Reeve and Mayor Maryott ABSENT: COUNCIL MEMBER: None SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Housing Authority Agency Minutes) SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) COUNCIL ACTION ITEMS: 11. PARKS, RECREATION, YOUTH AND SENIOR SERVICES, TRAILS AND EQUESTRIAN COMMISSION DIRECTED TO STUDY AND PROVIDE OPTIONS TO THE CITY COUNCIL OF THE POSSIBLE NAMING OF AN EQUESTRIAN TRAIL IN HONOR OF ILSE BYRNES AND THE LATE DR. ROY L. BYRNES (920.10) Council Member Reeve provided a report. Public Comments: Tony Foster, Oceanside resident; Dr. Julie Ryan Johnson, City resident; Jill Hanna, City resident; and, Kerry Ferguson, City resident. Council Action: Moved by Council Member Farias, seconded by Council Member Reeve, and carried unanimously to direct the Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission to study and provide options to the City Council of the possible naming of an equestrian trail in honor of Ilse Byrnes and the late Dr. Roy L. Byrnes. 12. STAFF DIRECTED TO STUDY AND PRESENT OPTIONS TO THE CITY COUNCIL FOR AN ALTERNATIVE TO THE CURRENT PERMIT PROCESS FOR CHICKEN KEEPING IN RESIDENTIAL ZONES (500.60) Council Member Reeve provided a report. Joel Rojas, Development Services Director, responded to questions. Council Action: Moved by Council Member Taylor, seconded by Mayor Pro Tem Bourne, and carried unanimously to direct staff to study and present options to the City Council for an alternative to the current permit process for chicken keeping in residential zones. 5 8/6/2019 13. RESOLUTION MODIFYING METER RATES IN FRANCISCAN PLAZA PARKING STRUCTURE (390.10) — NO FORMAL ACTION TAKEN Public Correspondence: Joe Campbell, City business owner; Jan Siegel, City resident; and, Raymond Dagher, Franciscan Plaza co-owner. Mayor Maryott provided a report. Public Comments: Joanne Marquez, City resident; Sue Turner, City resident (did not wish to speak, but wished to register her position for the record); Stephanie Heredia, City resident; Robert Kline, City resident; Lyndon Golin, Regency Theater; Larry Kramer, City resident; Kerry Ferguson, City resident; Raymond Dagher, Franciscan Plaza co- owner; Rob Quest, City business owner; Joe Campbell, City business owner; Mauricio Lemus, City business owner; Jesus Zambrano, City business owner; Andy Morales, City resident; Randi Peshkin, City resident; Ann Ronan, City resident; Chris Kramer, City resident; and, Steve Behmerwohld, City resident. CITY COUNCIL REPORTS: None. CITY MANAGER REPORT: None. ADJOURNMENT: Thef being no further business Mayor Maryott adjourned the regular public meeting at 7:59 n t Tuesday, August 20, 2019, at 4:00 p.m. for Closed Session, and 5:00 p.m. for t e u is Business Session, in the City Council Chamber; and, reconvened the Aug rst t 2 19, special closed session meeting. submitted, , CITY)CLI�RK Approved: August 20, ATTEST: BRIAN OTT, MAYOR 6 8/6/2019