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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) ' 2 4/6/2021 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. 6 4/6/2021 ' Respectfully submitted, I � X \ 6S` MARIA MORRIS, CLERK Approved: April 20, 2021 ATTEST: JOHN TAYLOR, MAYOR 7 4/6/2021