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19-1015_CC_Minutes_Regular MeetingMINUTES October 15, 2019 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Maryott called the Regular Meeting of October 15, 2019, of the City Council of the City of San Juan Capistrano to order at 5:22 p.m., in the City Council Chamber. Mayor Maryott led the Pledge of Allegiance and Mayor Pro Tem Bourne gave the invocation. ROLL CALL: 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, Parks, Recreation, Youth and Senior Services, j Trails and Equestrian Commission; Anna Dickinson, Cultural Heritage Commission; John Alpay, Citizens' Bond Oversight Ad -Hoc Committee; and, William Bonney, Housing Advisory Committee. ORAL COMMUNICATIONS: Public Comments: Frank Larkin, City resident; and, Richard Toon, City resident. PUBLIC HEARINGS: D1. RESOLUTION 19-10-15-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING ENVIRONMENTAL FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH#2018011019) AND; ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE RIVER STREET MARKETPLACE PROJECT; APPROVING GENERAL PLAN AMENDMENT (GPA) 18-002 AND FLOOD PLAIN LAND USE PERMIT (FP) 16- 003 FOR THE SAME, LOCATED AT 31825 LOS RIOS STREET (ASSESSOR PARCEL NUMBERS 121-160-22,28,49) (APPLICANT: DAN ALMQUIST, RIVER STREET SJC, LLC);" INTRODUCTION AND FIRST READING OF AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING A CODE AMENDMENT (CA 16-003) TO THE LOS RIOS SPECIFIC PLAN (SP) 78-01 TO AMEND VARIOUS SECTIONS OF THE SPECIFIC PLAN TO ADD THE 1 10/15/2019 COMMERCIAL CORE PLANNING AREA AND ADD APPENDIX A "RIVER STREET MARKETPLACE PROJECT, AMENDMENT TO THE LOS RIOS SPECIFIC PLAN" FOR THE RIVER STREET MARKETPLACE PROJECT LOCATED AT 31825 LOS RIOS STREET (ASSESSOR PARCEL NUMBERS 121-160-22, 28, 49 )(APPLICANT: DAN ALMQUIST, RIVER STREET SJC, LLC)," APPROVED; AND, INTRODUCTION AND FIRST READING OF AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 31825 LOS RIOS STREET (ASSESSOR PARCEL NUMBERS 121-160-22, 28, 49) BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND RIVER STREET SJC, LLC PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864 ET SEQ.(APPLICANT: DAN ALMQUIST, RIVER STREET SJC, LLC)" (440.251550.10/410.501600.30) • Public Correspondence: Due to high volume of correspondence received, correspondence are kept in the City Clerk's Office and are 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. David Contreras, Principal Planner, provided a PowerPoint presentation and responded to questions. Jeff Ballinger, City Attorney, responded to questions. Mayor Maryott opened the public hearing and invited public testimony. Public Testimony: Dan Almquist, River Street SJC, LLC, Applicant; Michael Forster, City resident; John Alpay, Chamber of Commerce; Ricardo Beas, City business owner; Michael Palmer, City resident; Mary Ann Davidson, City resident; John Caldwell, City resident; Carolyn Franks, Zoomars; Ashley Dotson, Zoomars; Monica Hernandez, City resident (did not wish to speak, but wished to register her position for the record); John Taylor, City resident; and, Sheree Ito, Ito's Nursery. Mayor Maryott closed the public hearing. Maria Morris, City Clerk read the title of the ordinances. Council Action: Moved by Council Member Reeve, seconded by Council Member Farias, and carried 4-0 with Council Member Taylor recused to adopt RESOLUTION NO. 19-10-15-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING ENVIRONMENTAL FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH#2018011019) AND; ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE RIVER STREET MARKETPLACE PROJECT; APPROVING GENERAL PLAN 17 AMENDMENT (GPA) 18-002 AND FLOOD PLAIN LAND USE PERMIT 2 10/15/2019 (FP) 16-003 FOR THE SAME, LOCATED AT 31825 LOS RIOS STREET (ASSESSOR PARCEL NUMBERS 121-160-22, 28, 49) (APPLICANT: DAN ALMQUIST, RIVER STREET 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 CODE AMENDMENT (CA 16-003) TO THE LOS RIOS SPECIFIC PLAN (SP) 78-01 TO AMEND VARIOUS SECTIONS OF THE SPECIFIC PLAN TO ADD THE COMMERCIAL CORE PLANNING AREA AND ADD APPENDIX A "RIVER STREET MARKETPLACE PROJECT, AMENDMENT TO THE LOS RIOS SPECIFIC PLAN" FOR THE RIVER STREET MARKETPLACE PROJECT LOCATED AT 31825 LOS RIOS STREET (ASSESSOR PARCEL NUMBERS 121-160-22, 28,49 )(APPLICANT: DAN ALMQUIST, RIVER STREET SJC, LLC);" 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 DEVELOPMENT AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 31825 LOS RIOS STREET (ASSESSOR PARCEL NUMBERS 121-160-22,28,49) BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND RIVER STREET SJC, LLC PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864 ET SEQ. (APPLICANT: DAN ALMQUIST, RIVER STREET SJC, LLC)." ROLL CALL: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: RECUSED: COUNCIL MEMBERS: CONSENT CALENDAR: Reeve, Farias, Bourne and Maryott None None Taylor Council Action: Moved by Council Member Farias, seconded by Council Member Taylor, and carried unanimously to approve consent calendar items E1 through E9, as recommended by staff. E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF OCTOBER 1, 2019 (CLOSED SESSION), APPROVED E3. CITY COUNCIL MINUTES — REGULAR MEETING OF OCTOBER 1, 2019, APPROVED E4. CHECK REGISTERS FOR THE PERIOD FROM SEPTEMBER 13, 2019, TO SEPTEMBER 26, 2019, RECEIVED AND FILED (330.30) E5. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.10) 3 10/15/2019 E6. PARKS, RECREATION, YOUTH AND SENIOR SERVICES, TRAILS AND EQUESTRIAN COMMISSION RECOMMENDATION TO NAME THE PRIMA DESHECHA TRAIL IN HONOR OF ILSE BYRNES AND THE LATE DR. ROY L. BYRNES, APPROVED; AND, APPROXIMATELY $3,500 APPROVED TO PURCHASE TWO TRAILHEAD SIGNS TO REFLECT THE NEW NAME OF THE TRAIL AS THE "ILSE AND DR. ROY BYRNES TRAIL" (920.10) E7. RESOLUTION 19-10-15-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING APPLICATION(S) FOR THE PROP 68 PER CAPITA GRANT PROGRAM" (940.20) E8. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE PERSONAL SERVICES AGREEMENT WITH SANDERS PAVING, INC. TO PROVIDE ASPHALT CRACK SEAL, SEAL COAT, MAINTENANCE, AND REPAIR SERVICES FOR A ONE-YEAR PERIOD COMMENCING ON JANUARY 1, 2020, AND ENDING DECEMBER 31, 2020, FOR A TOTAL AMOUNT NOT -TO -EXCEED THE CITY'S ADOPTED FISCAL YEAR OPERATING AND CAPITAL IMPROVEMENT BUDGETS (600.30) E9. MILLS ACT CONTRACT WITH THE PROPERTY OWNERS (JOHN AND PATRICIA CONLEY) FOR THE MAINTENANCE AND PRESERVATION OF THE HARRISON HOUSE AND THE PARRA ADOBE, LOCATED AT PROPERTY ADDRESSED AS 27762 ORTEGA HIGHWAY (APN: 666-191-18), APPROVED (600.30) ADMINISTRATIVE ITEMS: F1. DEVELOPMENT SERVICES a. AMENDMENT TO THE KINOSHITA FARM SPECIFIC PLAN (CODE AMENDMENT 18-005) INITIATED, THEREBY DIRECTING THE DEVELOPMENT SERVICES DEPARTMENT TO: 1) CONDUCT A STUDY OF POTENTIAL NEW USES FOR THE SUBJECT PROPERTY RELATED TO THE ECOLOGY CENTER'S PROPOSED COMMERCIAL FARM DEVELOPMENT PROJECT REFERRED TO AS "TRANSFORMATIVE COMMUNITY FARM"; 2) CLARIFY AND UPDATE CERTAIN OUTDATED SECTIONS OF THE SPECIFIC PLAN; AND, 3) CHANGE THE PROPERTY'S CURRENT DUAL ZONING OF AGRICULTURE/SPECIFIC PLAN TO SOLELY SPECIFIC PLAN; AND TO INCLUDE A COW IN THE PROPOSED "TRANSFORMATIVE COMMUNITY FARM" (440.20) David Contreras, Principal Planner, provided a PowerPoint presentation and responded to questions. Benjamin Siegel, City Manager, responded to questions. Public comments: Evan Marks, The Ecology Center; Howard Newman, City resident; Richard Gardner, Capistrano Beach resident; and, Anonymous i Speaker. 4 10/15/2019 Council Action: Moved by Council Member Reeve, seconded by Mayor Maryott, and carried unanimously to initiate an Amendment to the Kinoshita Farm Specific Plan (Code Amendment 18-005), thereby directing the Development Services Department to: 1) conduct a study of potential new uses for the subject property related to The Ecology Center's proposed commercial farm development project referred to as "Transformative Community Farm'; 2) clarify and update certain outdated sections of the Specific Plan; 3) change the property's current dual zoning of Agriculture/Specific Plan to solely Specific Plan; and, to include a cow in the proposed "Transformative Community Farm." COUNCIL ACTION ITEMS: None. CITY COUNCIL REPORTS: None. CITY MANAGER REPORT: None, ADJOURNMENT: There being no further business Mayor Maryott adjourned the meeting at 7:12 p.m. to Tuesday, November 5, 2019, 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, M A MORRIS, CITY CLERK Approved: November 5, 2019 ATTEST: BRIAN L. MARYOTT. MAYOR 10/15/2019