21-0406_CC_Minutes_Regular MeetingMINUTES
April 6, 2021
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR AND TELEPHONIC MEETING
IBUSINESS SESSION:
Mayor Pro Tem Reeve called the Regular Meeting of April 6, 2021, of the City Council
of the City of San Juan Capistrano to order at 5:52 p.m., with Mayor Taylor attending by
teleconference, pursuant to Executive Order N-29-20. Council Member Hart led the
Pledge of Allegiance and Council Member Bourne gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor John Taylor, Mayor Pro Tem Derek Reeve
and Council Members Troy Bourne, Howard Hart 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.
CITY CLERK ANNOUNCEMENT: Per Assembly Bill 23, Maria Morris, City Clerk,
announced that each Housing Authority Board Member is receiving a $50.00 stipend
for conducting the Housing Authority meeting.
' INTRODUCTIONS AND PRESENTATIONS: Mayor Pro Tem Reeve introduced
Anna Dickinson, Cultural Heritage Commission.
ORAL COMMUNICATIONS: None.
PUBLIC HEARINGS:
D1. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED
ENTITLED "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION
AND APPROVING A REQUEST TO AMEND THE FARM MARKET ZONING
DISTRICT STANDARDS TO EXPAND THE ALLOWABLE USES FOR
PROPERTY LOCATED AT 32382 DEL OBISPO STREET (ASSESSOR
PARCEL NUMBER 121-182-61) (APPLICANT: PHILLIP SCHWARTZE, THE
PRS GROUP);" AND PROPOSED ORDINANCE FOUND TO BE
CATEGORICALLY EXEMPT FROM FURTHER REVIEW PER STATE CEQA
GUIDELINES (CAL. CODE REGS., § 15000 ET SEQ.) (440.20)
Paul Garcia, Associate Planner, provided a PowerPoint Presentation.
4/6/2021
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor Pro Tem Reeve, seconded .by Mayor Taylor,
and carried unanimously to approve the introduction and first reading 'of an ,
ordinance entitled "AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL
EXEMPTION AND APPROVING A REQUEST TO AMEND THE FARM
MARKET ZONING DISTRICT STANDARDS TO EXPAND THE ALLOWABLE
USES FOR PROPERTY LOCATED AT 32382 DEL OBISPO STREET
(ASSESSOR PARCEL NUMBER 121-182-61) (APPLICANT: PHILLIP
SCHWARTZE, THE PRS GROUP);" and find that the proposed ordinance is
categorically exempt from further review per State CEQA Guidelines (Cal. Code
Regs., § 15000 et seq.).
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Hart, Bourne, Farias and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
CONSENT CALENDAR:
Council Action: Moved by Council Member Bourne, seconded by Council Member Hart,
and carried unanimously to approve consent calendar items E1 through E9, as
recommended by staff.
ROLL CALL: 1
AYES: COUNCIL MEMBER: Reeve, Hart, Bourne, Farias and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — SPECIAL AND TELEPHONIC MEETING OF
MARCH 16, 2021 (CLOSED SESSION), APPROVED
E3. CITY COUNCIL MINUTES — REGULAR AND TELEPHONIC MEETING OF
MARCH 16, 2021, APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM FEBRUARY 26, 2021, TO
MARCH 11, 2021, RECEIVED AND FILED (300.30)
E5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
JANUARY 31, 2021, RECEIVED AND FILED (350.30)
E6. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR
2019-20, AND RELATED AUDIT REPORTS, RECEIVED AND FILED (330.50) '
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E7. ORDINANCE NO. 1084 ADOPTED ENTITLED "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REMOVING ARTICLE 12 — UTILITIES COMMISSION, AMENDING ARTICLE 7
' — DUTIES OF THE PLANNING COMMISSION, AND VARIOUS
SUBPARAGRAPHS OF SECTIONS 2-2.902,2-2.903, AND 2-2.904 (HOUSING
ADVISORY COMMITTEE) OF CHAPTER 2, TITLE 2 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE" (110.10)
E8. VACANCY DECLARED ON THE CULTURAL HERITAGE COMMISSION; AND
CITY CLERK DIRECTED TO PREPARE AND POST APPROPRIATE NOTICE
TO SOLICIT APPLICATIONS (110.10)
E9. RESOLUTION NO. 21-04-06-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING PROCEEDINGS TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 2021-2022 WITHIN EXISTING
LANDSCAPE MAINTENANCE DISTRICTS PURSUANT TO THE
LANDSCAPING AND LIGHTING MAINTENANCE ACT OF 1972, AND OPEN
SPACE MAINTENANCE DISTRICTS UNDER THE OPEN SPACE
MAINTENANCE ACT, APPOINTING THE ENGINEER OF WORK, AND
ORDERING THE PREPARATION OF THE ENGINEER'S REPORT;" AND
RESOLUTION NO. 21-04-06-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND DECLARING
' ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN EXISTING
LANDSCAPE MAINTENANCE DISTRICTS AND OPEN SPACE
MAINTENANCE DISTRICTS FOR FISCAL YEAR 2021-2022 PURSUANT TO
THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND CHAPTER 2.5 OF
DIVISION 1 OF TITLE 5 OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA, RESPECTIVELY, SETTING A TIME AND PLACE FOR THE
PUBLIC HEARING THEREON, AND MAKING CERTAIN FINDINGS AND
TAKING OTHER ACTIONS RELATING THERETO (345.20)
ADMINISTRATIVE ITEMS:
F1. CITY CLERK
a. APPOINTMENTS MADE TO THE DESIGN REVIEW COMMITTEE (110.20)
Mayor Pro Tem Reeve and Council Member Hart provided the recommendation
for appointments from the Subcommittee.
Council Member Bourne made a motion seconded by Mayor Taylor, but motion
failed 2-3 with Mayor Pro Tem Reeve, Council Member Hart and Council Member
Farias opposed to appoint Geoffry Sumich and Nate Franklin as the At -Large
Members, and Rob Williams as the At -Large Alternate, to serve on the
Design Review Committee for a two-year term, ending March 31, 2023.
3 4/6/2021
ROLL CALL:
AYES: COUNCIL MEMBER: Bourne and Mayor Taylor
NOES: COUNCIL MEMBER: Hart, Farias, and Mayor Pro Tem Reeve
ABSENT: COUNCIL MEMBER: None
Council Action: Moved by Mayor Pro Tem Reeve, seconded by Council Member
Bourne, and carried unanimously to appoint Geoffry Sumich and Nate Franklin
as the At -Large Members, and Daniele Smith as the At -Large Alternate, to serve
on the Design Review Committee for a two-year term, ending March 31, 2023.
ROLL CALL:
AYES:
COUNCIL MEMBER:
NOES:
COUNCIL MEMBER:
ABSENT:
COUNCIL MEMBER:
F2. DEVELOPMENT SERVICES
Reeve, Hart, Bourne, Farias and Mayor Taylor
None
None
a. APPLICANT'S WITHDRAWAL OF THE PREVIOUSLY INITIATED GENERAL
PLAN AMENDMENT, CODE AMENDMENT AND REZONE STUDIES
INVOLVING THE PROPOSED PLAYHOUSE AND FORSTER & EL CAMINO
PROJECTS, ACCEPTED; RESOLUTION NO. 21-04-06-03 ADOPTED
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, INITIATING A GENERAL PLAN
AMENDMENT STUDY (GPA 21-002) INVOLVING A 7.3 -ACRE AREA
LOCATED BETWEEN 26874 ORTEGA HIGHWAY AND 31882 CAMINO
CAPISTRANO FOR THE PROPOSED "EL CAMINO SPECIFIC PLAN"
COMPRISED OF THREE PRIVATE PARCELS AND NINE CITY -OWNED
PARCELS, INCLUDING THE BLAS AGUILAR ADOBE, HISTORIC TOWN
CENTER PARK, AND THE FORMER CALTRANS PARCEL (ASSESSOR
PARCEL NUMBERS 124-160-37,124-160-52, & 124-160-51, 124-160-63,124-
160-57, 124-160-55, 124-160-27, 124-160-08, 124-160-10, 124-160-09, 124-
160-11, & 124-160-12) AND MAKING A DETERMINATION PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION
THEREWITH;" STUDY INITIATED OF A PROPOSED REZONE AND CODE
AMENDMENT INVOLVING A 7.3 -ACRE AREA LOCATED BETWEEN 26874
ORTEGA HIGHWAY AND 31882 CAMINO CAPISTRANO; AND STAFF
DIRECTED TO CONDUCT AN APPROPRIATE STUDY FOR CREATION OF A
SPECIFIC PLAN INVOLVING A 7.3 -ACRE AREA LOCATED BETWEEN
26874 ORTEGA HIGHWAY AND 31882 CAMINO CAPISTRANO
(440.20/440.24/460.20)
David Contreras, Principal Planner, provided a PowerPoint Presentation and
responded to questions. Benjamin Siegel, City Manager, responded to
questions.
4 4/6/2021
Council Action: Moved by Council Member Hart, seconded by Council Member
Bourne, and carried unanimously to accept the Applicant's withdrawal of the
previously initiated General Plan Amendment, Code Amendment and Rezone
' studies involving the proposed Playhouse and Forster & EI Camino projects;
adopt RESOLUTION NO. 21-04-06-03 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING A GENERAL PLAN AMENDMENT STUDY (GPA 21-002)
INVOLVING A 7.3 -ACRE AREA LOCATED BETWEEN 26874 ORTEGA
HIGHWAY AND 31882 CAMINO CAPISTRANO FOR THE PROPOSED "EL
CAMINO SPECIFIC PLAN" COMPRISED OF THREE PRIVATE PARCELS AND
NINE CITY -OWNED PARCELS, INCLUDING THE BLAS AGUILAR ADOBE,
HISTORIC TOWN CENTER PARK, AND THE FORMER CALTRANS PARCEL
(ASSESSOR PARCEL NUMBERS 124-160-37,124-160-52, & 124-160-51,124-
160-63, 124-160-57, 124-160-55, 124-160-27, 124-160-08, 124-160-10, 124-
160-09, 124-160-11, & 124-160-12) AND MAKING A DETERMINATION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN
CONNECTION THEREWITH;" initiate a study of a proposed Rezone and Code
Amendment involving a 7.3 -acre area located between 26874 Ortega Highway
and 31882 Camino Capistrano; and direct staff to conduct an appropriate study
for creation of a Specific Plan involving a 7.3 -acre area located between 26874
Ortega Highway and 31882 Camino Capistrano.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Hart, Bourne, Farias and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
F2b. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED
ENTITLED "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 4-7.01, AMENDING SECTION 5-21.04,
DELETING CHAPTER 2 OF TITLE 6, AND DELETING AND RESTATING
CHAPTER 28 OF TITLE 5 OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE RELATED TO SIDEWALK VENDING REGULATIONS FOR VENDORS
UPON PUBLIC SIDEWALKS AND IN CITY PARKS;" WITH THE FOLLOWING
MODIFICATIONS: 1) REMOVE SECTION 5-28.04.E.4 (FIRST AMENDMENT
PROTECTED VENDING EXCEPTION); 2) ADD AN INDIVIDUAL TAX ID AS A
FORM OF ACCEPTABLE IDENTIFICATION FOR PERMIT APPLICANTS; AND
3) REMOVE ALL REFERENCES TO A PERMIT PROCESSING FEE (585.75)
Joel Rojas, Development Services Director, provided a PowerPoint presentation
and responded to questions. Benjamin Siegel, City Manager and Jeffrey
Ballinger, City Attorney, responded to questions.
5 4/6/2021
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Bourne, seconded by Council
Member Farias, and carried 4-1 with Mayor Pro Tem Reeve opposed to approve
the introduction and first reading of an ordinance entitled "AN ORDINANCE OF
THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
SECTION 4-7.01, AMENDING SECTION 5-21.04, DELETING CHAPTER 2 OF
TITLE 6, AND DELETING AND RESTATING CHAPTER 28 OF TITLE 5 OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE RELATED TO SIDEWALK
VENDING REGULATIONS FOR VENDORS UPON PUBLIC SIDEWALKS AND
IN CITY PARKS;" with the following modifications: 1) remove section 5-28.04.E.4
(first amendment protected vending exception); 2) add an individual Tax ID as a
form of acceptable identification for permit applicants; and 3) remove all
references to a peimit processing fee.
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Bourne, Farias and Mayor Taylor
NOES: COUNCIL MEMBER: Reeve
ABSENT: COUNCIL MEMBER: None
SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Housing Authority
Agency Minutes)
REDEVELOPMENT AGENCY (Refer to Successor Agency M
COUNCIL ACTION ITEMS: None.
CITY COUNCIL REPORTS:
• Council Member Hart announced an upcoming blood drive for his brother.
CITY MANAGER REPORT: None.
ADJOURNMENT:
There being no further business Mayor Pro Tem Reeve adjourned the meeting at
7:37 p.m. to Tuesday, April 20, 2021, at 4:00 p.m. for Closed Session, and 5:00 p.m. for
the public Business Session, in the City Council Chamber.
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' Respectfully submitted,
I � X \ 6S`
MARIA MORRIS, CLERK
Approved: April 20, 2021
ATTEST:
JOHN TAYLOR, MAYOR
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