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
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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
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(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)
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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