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20-0121_CC_Minutes_Regular MeetingMINUTES January 21, 2020 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Bourne called the Regular Meeting of January 21, 2020, of the City Council of the City of San Juan Capistrano to order at 5:10 p.m., in the City Council Chamber. Mayor Pro Tem Taylor led the Pledge of Allegiance and Mayor Bourne gave the invocation. ROLL CALL: COUNCIL MEMBERS PRESENT: Mayor Troy Bourne, Mayor Pro Tem John Taylor, and Council Members Derek Reeve, Brian L. Maryott 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 TAYLOR INTRODUCED THE FOLLOWING INDIVIDUALS IN ATTENDANCE: Anna Dickinson, Cultural Heritage Commission; Howard Hart, Planning Commission; and, Stephanie Heredia, Tom Perrin, and Ron Denman, Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission. B2. SAN JUAN CAPISTRANO GARDEN CLUB RECOGNIZED FOR THE LANDSCAPE RESTORATION AND MAINTENANCE OF THE LA SALA COURTYARD AND ENTRANCE ORAL COMMUNICATIONS: • Public Comments: Jerry Williams, City resident; and, Richard Gardner, Capistrano Beach resident. PUBLIC HEARINGS: None. CONSENT CALENDAR: Council Action: Moved by Council Member Farias, seconded by Mayor Pro Tem Taylor, and carried unanimously to approve consent calendar items E1 through E8 and E10 through E18, as recommended by staff. E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF DECEMBER 3, 2019 (CLOSED SESSION), APPROVED 1/21/2020 E3. CITY COUNCIL MINUTES — REGULAR MEETING OF DECEMBER 3, 2019, APPROVED E4. CHECK REGISTERS FOR THE PERIOD FROM NOVEMBER 8, 2019, TO DECEMBER 19, 2019, RECEIVED AND FILED (330.30) E5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED NOVEMBER 30, 2019, RECEIVED AND FILED (350.30) E6. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR 2018-19 AND RELATED AUDITS REPORTS, RECEIVED AND FILED (330.50) E7. RESOLUTION NO. 20-01-21-01 ADOPTED 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; AND, RESCINDING RESOLUTION 18-01-16-03" (630.10) E8. ORDINANCE NO. 1075 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A REQUEST TO AMEND THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 78-01, SECTOR A-1, TO EXPAND THE ALLOWABLE USES FOR PROPERTY LOCATED AT 27184 ORTEGA HIGHWAY (APN: 666-241-08) AND 27182 ORTEGA HIGHWAY (APN: 666-241- 09) AND TO ESTABLISH NEW PARKING STANDARDS AT 27184 ORTEGA HIGHWAY (APN 666-241-08) (APPLICANT: CAPO OAKS, LLC)" (420.40) E9. ADOPTION OF AN ORDINANCE AMENDING THE CITY'S LAND USE CODE TO STREAMLINE THE REVIEW PROCESS FOR MICROBREWERIES AND OTHER SIMILAR USES, CLARIFY ASPECTS OF THE TREE REMOVAL PERMIT PROCESS, CLARIFY THE PARKING REQUIREMENT FOR CONVENIENCE MARKETS, CLARIFY REGULATIONS FOR ANIMAL KEEPING IN RESIDENTIAL ZONES, ALLOW BEEKEEPING AS A CONDITIONAL USE AND CHICKEN KEEPING BY -RIGHT IN CERTAIN RESIDENTIAL ZONES, AND, A DETERMINATION THAT SAID ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (420.30) — ITEM TABLED Joel Rojas, Development Services Director, provided an agenda report and responded to questions. Council Action: Moved by Council Member Reeve, seconded by Mayor Pro Tem Taylor, and carried unanimously to table the second reading of the ordinance, and direct staff to bring back to the City Council a provision allowing a Conditional Use Permit in the industrial park zoning for live entertainment. n 2 1/21/2020 E10. VACANCIES DECLARED ON THE YOUTH ADVISORY BOARD FOR YOUTH MEMBERS WHO SERVE A ONE-YEAR TERM, AND ADULT ADVISORS WHO SERVE A TWO-YEAR TERM; AND, CITY CLERK DIRECTED TO SOLICIT APPLICATIONS TO FILL THE VACANCIES (110.20) E11. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.10) E12. RESOLUTION NO. 20-01-21-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, ADOPTING A POLICY ON RESIDENTIAL WATER SERVICE" (1050.30) E13. CITY MANAGER AUTHORIZED TO EXECUTE A THREE-YEAR LICENSE AGREEMENT WITH SAN JUAN CAPISTRANO LITTLE LEAGUE FOR USE OF THE CONCESSION STAND AT THE SPORTS PARK; AND, CITY MANAGER AUTHORIZED TO APPROVE UP TO TWO, OPTIONAL ONE-YEAR EXTENSIONS UPON SATISFACTORY PERFORMANCE (600.30) E14. CITY MANAGER AUTHORIZED TO EXECUTE A THREE-YEAR LICENSE AGREEMENT WITH CAPO GIRLS FAST PITCH SOFTBALL CORPORATION FOR USE OF THE CONCESSION STAND, STORAGE UNIT AND BATTING CAGE AT COOK PARK CORDOVA; AND CITY MANAGER AUTHORIZED TO APPROVE UP TO TWO, OPTIONAL ONE-YEAR EXTENSIONS UPON SATISFACTORY PERFORMANCE (600.30) J E15. CITY MANAGER AUTHORIZED TO EXECUTE A FIVE-YEAR MEMORANDUM OF UNDERSTANDING WITH THE SAN JUAN CAPISTRANO GARDEN CLUB TO PROVIDE LANDSCAPE MAINTENANCE FOR THE LA SALA AUDITORIUM ENTRANCE AND COURTYARD (600.30) E16. CITY MANAGER AUTHORIZED TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH ST. MARGARET'S EPISCOPAL SCHOOL FOR THE NON-EXCLUSIVE USE OF THE COMMUNITY GARDEN THROUGH 2024; AND, CITY MANAGER AUTHORIZED TO APPROVE UP TO TWO, OPTIONAL ONE-YEAR EXTENSIONS UPON SATISFACTORY PERFORMANCE (600.30) E17. CITY MANAGER AUTHORIZED TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH SOUTHERN CALIFORNIA EDISON (SCE) FOR OFF- SITE SAN ONOFRE NUCLEAR GENERATION STATION (SONGS) RADIATION MONITORING SYSTEM (600.50) E18. 2020 CITY OF SAN JUAN CAPISTRANO LEGISLATIVE PLATFORM, ADOPTED; AND, CITY MANAGER AUTHORIZED TO RESPOND TO LEGISLATIVE PROPOSALS IN ACCORDANCE WITH ITS POLICY GUIDELINES (660.30) 3 1/21/2020 ADMINISTRATIVE ITEMS: F1. CITY MANAGER a. RESOLUTION NO. 20-01-21-03 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, APPROVING AN ANNEXATION AGREEMENT WITH THE SANTA MARGARITA WATER DISTRICT REGARDING THE WATER DISTRICT'S PROPOSED ANNEXATION OF THE CITY'S WATER AND SEWER SYSTEMS, MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENT QUALITY ACT, AND TAKING RELATED ACTIONS (600.50) Ken AI -Imam, Chief Financial Officer, provided a PowerPoint presentation. • Public comments: Betty Olson, Santa Margarita Water District; Dan Ferons, Santa Margarita Water District, provided a PowerPoint presentation; Roger Butow, Clean Water Now; and, Richard Gardner, Capistrano Beach resident. Council Action: Moved by Council Member Reeve, seconded by Council Member Farias, and carried unanimously to adopt RESOLUTION NO. 20-01-21-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, APPROVING AN ANNEXATION AGREEMENT WITH THE SANTA MARGARITA WATER DISTRICT REGARDING THE WATER DISTRICT'S PROPOSED ANNEXATION OF THE CITY'S WATER AND SEWER SYSTEMS, MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS." F1b. RESOLUTION NO. 20-01-21-04 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, APPROVING A LEASE AGREEMENT WITH THE SJC MISSION VENTURES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY;" AND, CITY MANAGER AUTHORIZED TO EXECUTE THE AGREEMENT (APN 121-141-25,26) (600.20) Mayor Pro Tem Taylor recused himself due to proximity to his residence and stepped out of the Council Chamber. Charlie View, Assistant City Manager, provided a PowerPoint presentation and responded to questions. Council Action: Moved by Council Member Reeve, seconded by Council Member Maryott, and carried 4-0 with Mayor Pro Tem Taylor recused to adopt RESOLUTION NO. 20-01-21-04 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, APPROVING A LEASE AGREEMENT WITH THE SJC MISSION VENTURES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY;" and, authorize the City Manager to execute the agreement (APN 121-141-25, 26). 4 1/21/2020 ROLL CALL: AYES: COUNCIL MEMBER: Reeve, Maryott, Farias and Mayor Bourne NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None RECUSED: COUNCIL MEMBER: Mayor Pro Tem Taylor F2. CITY CLERK a. MEMBERS APPOINTED TO SERVE AS REPRESENTATIVES TO VARIOUS OUTSIDE AGENCIES THROUGH DECEMBER 2020 (OR SPECIFIC TERM WHERE NOTED); RESOLUTION 20-01-21-05 ADOPTED DESIGNATING A REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS; AND CITY CLERK DIRECTED TO UPDATE AND POST THE FAIR POLITICAL PRACTICES COMMISSION (FPPC) FORM 806 ON THE CITY'S WEBSITE (610.60) Maria Morris, City Clerk, provided an agenda report. California Joint Powers Insurance Authority Sergio Farias, Member Brian L. Maryott, Alternate Council Action: Moved by Council Member Farias, seconded by Mayor Pro Tem Taylor, and carried unanimously to appoint Council Member Farias as the Member, and Council Member Maryott as the Alternate to the California Joint Powers Insurance Authority, terms ending December 2020. League of Cities — Orange County Division Troy Bourne, Member John Taylor, Alternate Council Action: Moved by Council Member Maryott, seconded by Council Member Farias, and carried unanimously to appoint Mayor Bourne as the Member, and Mayor Pro Tem Taylor as the Alternate to the League of Cities — Orange County Division, terms ending December 2020. Southern California Association of Governments (SCAG) Troy Bourne, Member John Taylor, Alternate Council Action: Moved by Council Member Maryott, seconded by Council Member Farias, and carried unanimously to appoint Mayor Bourne as the Member, and Mayor Pro Tem Taylor as the Alternate to the Southern California Association of Governments, terms ending December 2020. 5 1/21/2020 Orange County Fire Authority (OCFA) Sergio Farias, Member Council Action: Moved by Mayor Pro Tem Taylor, seconded by Council Member Maryott, and carried unanimously to appoint Council Member Farias as the Member to the Orange County Fire Authority, term ending December 2020; and adopt RESOLUTION NO. 20-01-21-05 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING A REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS." Orange County Library Advisory Board John Taylor, Member Derek Reeve, Alternate Council Action: Moved by Council Member Maryott, seconded by Council Member Farias, and carried unanimously to appoint Mayor Pro Tem Taylor as the Member, and Council Member Reeve as the Alternate to the Orange County Library Advisory Board, terms ending December 2020. Vector Control (Two -Year Term 1212020) — NO ACTION REQUIRED John Taylor, Member San Juan Basin Authority Derek Reeve, Member Troy Bourne, Alternate Council Action: Moved by Council Member Maryott, seconded by Mayor Pro Tem Taylor, and carried unanimously to appoint Council Member Reeve as the Member, and Mayor Bourne as the Alternate to the San Juan Basin Authority, terms ending December 2020. South Orange County Wastewater Authority Joint Powers Authority SO( CWA) Troy Bourne, Member Ray Miller, Alternate Council Action: Moved by Council Member Maryott, seconded by Council Member Farias, and carried unanimously to appoint Mayor Bourne as the Member, and Ray Miller as the Alternate to the South Orange County Wastewater Authority Joint Powers Authority, terms ending December 2020. 6 1/21/2020 Transportation Corridors Agencies (Foothill/Eastern & San Joaquin Hills) John Taylor, Member Troy Bourne, Alternate Council Action: Moved by Council Member Maryott, seconded by Council Member Reeve, and carried unanimously to appoint Mayor Pro Tem Taylor as the Member, and Mayor Bourne as the Alternate to the Transportation Corridors Agencies (Foothill/Eastern & San Joaquin Hills), terms ending December 2020. South Orange County Watershed Management Area (SOCWMA) Jack Hunt, Member Ray Miller, Alternate Council Action: Moved by Mayor Bourne, seconded by Council Member Reeve, and carried unanimously to appoint Jack Hunt (Utilities Commissioner) as the Member, and Ray Miller as the Alternate to the South Orange County Watershed Management Area, terms ending December 2020. South County Agencies Group (MET) Troy Bourne, Member Brian L. Maryott, Alternate Council Action: Moved by Council Member Maryott, seconded by Mayor Pro Tem Taylor, and carried unanimously to appoint Mayor Bourne as the Member, and Council Member Maryott as the Alternate to the South County Agencies Group, terms ending December 2020. SONGS Decommissioning Community Engagement Panel John Taylor, Member Council Action: Moved by Council Member Reeve, seconded by Council Member Farias, and carried unanimously to appoint Mayor Pro Tem Taylor as the Member to the SONGS Decommissioning Community Engagement Panel, term ending December 2020. Council Action: Moved by Council Member Reeve, seconded by Council Member Farias, and carried unanimously to direct the City Clerk to update and post to the City's website the Fair Political Practices Commission Form 806 (Agency Report of Public Official Appointments). SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) COUNCIL ACTION ITEMS: None. 7 1/21/2020 CITY COUNCIL REPORTS: • Mayor Pro Tem Taylor provided an updated from a SONGS Decommissioning Community Engagement Panel Meeting. CITY MANAGER REPORT: None. ADJOURNMENT: being no further business Mayor Bourne adjourned the meeting at 6:22 p.m. to a Felpruary4, 2020, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public s SeMsion, in the City Council Chamber. CITY Approved: February 4, 2020 ATTEST: TROY A.BOURNE, MAYOR 1/21/2020