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21-0907_CC_Minutes_Regular MeetingMINUTES September 7, 2021 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Taylor called the Regular Meeting of September 7, 2021, of the City Council of the City of San Juan Capistrano to order at 5:29 p.m. Council Member Bourne led the Pledge of Allegiance and Mayor Taylor gave the invocation. ROLL CALL: COUNCIL MEMBERS PRESENT: Mayor John Taylor and Council Members Troy Bourne, Howard Hart and Sergio Farias. COUNCIL MEMBERS ABSENT: Mayor Pro Tem Reeve. 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: Mayor Taylor introduced Matt Gaffney, Planning Commissioner. PRESENTATIONS: B1. Recognition of Leslie "Buddy" Hunn for 60 Years of Service to the San Juan Capistrano American Legion Post 721 ORAL COMMUNICATIONS: • Eric Gross, City resident; Carol Mentell, City resident; Frank Larkin, City resident; Ellen Vinck, City resident; and David Hutchin, City resident. PUBLIC HEARINGS: D1. APPEAL DENIED THEREBY UPHOLDING THE CULTURAL HERITAGE COMMISSION'S DETERMINATION THAT A PROPOSED 3,448 SQUARE FOOT SINGLE-FAMILY RESIDENCE ON A VACANT PARCEL (APN 124-203- 24 — GENERALLY IDENTIFIED AS 31491 LA MATANZA STREET) IS PHYSICALLY AND AESTHETICALLY COMPATIBLE WITH TWO ADJACENT STRUCTURES LISTED ON THE CITY'S INVENTORY OF HISTORIC CULTURAL LANDMARKS (INCL) IN ACCORDANCE WITH CITY COUNCIL POLICY 603 (410.50) 9/7/2021 Laura Stokes, Housing Supervisor/Associate Planner, provided a PowerPoint presentation and responded to questions. Joel Rojas, Development Services Director, responded to questions. Mayor Taylor opened the public hearing. Public Testimony: David Ewing, Applicant; Joe Mankawich, Appellant; Tyler Warren, City resident; Irene Kane, City resident; Paul McHugh, City resident; Frank Larkin, City resident; Orrie Brown, City resident; Anonymous Speaker; and Mike Cecore, City resident. Mayor Taylor closed the public hearing. Council Action: Moved by Council Member Bourne, seconded by Council Member Farias, and carried 3-0-1 with Mayor Pro Tem Reeve absent and Council Member Hart opposed to deny the appeal, thereby upholding the Cultural Heritage Commission's determination that a proposed 3,448 square foot single- family residence on a vacant parcel (APN 124-203-24 — Generally identified as 31491 La Matanza Street) is physically and aesthetically compatible with two adjacent structures listed on the City's Inventory of Historic Cultural Landmarks (IHCL) in accordance with City Council Policy 603. ROLL CAI AYES: COUNCIL MEMBER: Bourne Farias and Mayor Taylor NOES: COUNCIL MEMBER: Hart ABSENT: COUNCIL MEMBER: Mayor Pro Tem Reeve D2. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED ENTITLED "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 21-003 TO AMEND THE LOS RIOS SPECIFIC PLAN (SP) 78-01 TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT AND CREATE NEW PERMITTED USES AND DEFINITIONS FOR THE HISTORIC COMMERCIAL DISTRICT "ZOOMARS" AND CLEAN-UP THE LAND USE DESIGNATION ON THE CITY -OWNED LOS RIOS PARK PARCEL (ASSESSOR PARCEL NUMBERS 121-160-15, 17, 18 & 20) (APPLICANT DOUGLAS D. DUMHART, 3-D ADVISORS, LLC), AND DETERMINE THAT NO FURTHER CEQA REVIEW IS REQUIRED;" AND ALLOW UP TO 30 FEET IN HEIGHT IF LOCATED WITHIN 100 FEET FROM THE WESTERLY PROPERTY LINE ADJACENT TO PASEO ADELANTO (440.25) Mayor Taylor recused himself due to proximity to his residence and left the Council Chamber. Council Member Farias preceded with the meeting. David Contreras, Principal Planner, provided a PowerPoint presentation and responded to questions. Mayor Pro Tem Reeve opened the public hearing. 2 9/7/2021 Public Testimony: Douglas D. Dumhart, Representing Applicant; David Hutchin, City resident; and Dan Alquist, Applicant. Council Member Farias closed the public hearing. Maria Morris, City Clerk, read the title of the ordinance. Council Action: Moved by Council Member Hart, seconded by Council Member Bourne, and carried 3-0 with Mayor Taylor recused and Mayor Pro Tem Reeve absent to approve the introduction and first reading of an ordinance entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 21-003 TO AMEND THE LOS RIOS SPECIFIC PLAN (SP) 78-01 TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT AND CREATE NEW PERMITTED USES AND DEFINITIONS FOR THE HISTORIC COMMERCIAL DISTRICT "ZOOMARS" AND CLEAN-UP THE LAND USE DESIGNATION ON THE CITY -OWNED LOS RIOS PARK PARCEL (ASSESSOR PARCEL NUMBERS 121-160-15, 17, 18 & 20) (APPLICANT: DOUGLAS D. DUMHART, 3-D ADVISORS, LLC), AND DETERMINE THAT NO FURTHER CEQA REVIEW IS REQUIRED; and allow up to 30 feet in height if located within 100 feet from the westerly property line adjacent to Paseo Adelanto. ROLL CALL: AYES: COUNCIL MEMBER: Hart, Bourne and Farias NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Mayor Pro Tem Reeve RECUSED: COUNCIL MEMBER: Mayor Taylor CONSENT CALENDAR: Council Action: Moved by Council Member Farias, seconded by Council Member Hart, and carried 4-0 with Mayor Pro Tem Reeve absent to approve consent calendar items E1 through E11, as recommended by staff. E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF AUGUST 17, 2021 (CLOSED SESSION), APPROVED E3. CITY COUNCIL MINUTES — REGULAR MEETING OF AUGUST 17, 2021, APPROVED E4. CHECK REGISTERS FOR THE PERIOD FROM JULY 30, 2021, TO AUGUST 12, 2021, RECEIVED AND FILED (300.30) E5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED JUNE 30, 2021, RECEIVED AND FILED (350.30) 3 9/7/2021 E6. CITY MANAGER AUTHORIZED TO SIGN THE ASSIGNMENT AND ASSUMPTION AGREEMENT PERTAINING TO THE CITY'S RIGHTS, TITLE, INTERESTS, DUTIES AND OBLIGATIONS ASSOCIATED WITH THE CITY'S PARTICIPATION IN THE PROJECT AGREEMENTS OF THE SOUTH ORANGE COUNTY WASTEWATER AUTHORITY, IN SUBSTANTIALLY THE FORM PROVIDED AS ATTACHMENT 1 TO THE AGENDA REPORT (600.50) E7. CITY MANAGER AUTHORIZED TO EXECUTE THE SOFTWARE AS A SERVICE AGREEMENT WITH CIVIC PLUS, INC. FOR REDESIGN, HOSTING AND SUPPORT SERVICES FOR THE CITY'S WEBSITE (600.30) E8. CITY MANAGER AUTHORIZED TO EXECUTE THE AMENDED JOINT AGREEMENT FOR THE OPERATION, MAINTENANCE AND FINANCIAL MANAGEMENT OF THE ORANGE COUNTY 800 -MEGAHERTZ COUNTYWIDE COORDINATED COMMUNICATION SYSTEM (CCCS) (600.50) E9. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH GRINDLINE SKATEPARKS, INC. TO INCREASE THE CONTRACT AMOUNT BY $66,160, FOR A TOTAL CONTRACT AMOUNT OF $194,152, FOR ADDITIONAL DESIGN SERVICES FOR THE SAN JUAN CAPISTRANO SKATEPARK PROJECT E10. AMENDMENT NO. 1 TO THE COOPERATIVE AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR PROJECT V COMMUNITY-BASED TRANSIT/CIRCULATORS, PROJECT NO. 18-SJCP- CBT-3915, APPROVED (600.30) E11. RESOLUTION NO. 21-09-07-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING A PERMANENT LOCAL HOUSING ALLOCATION AGREEMENT WITH THE COUNTY OF ORANGE TO APPLY TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PLAN FUNDS" (600.50) ADMINISTRATIVE ITEMS: F1. CITY CLERK a. MAYOR TAYLOR APPOINTED AS VOTING DELEGATE TO REPRESENT THE CITY AT THE 2021 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE; VOTING DELEGATE DIRECTED TO VOTE ON THE LEAGUE'S POLICY RESOLUTION(S); AND CITY CLERK DIRECTED TO COMMUNICATE THE APPOINTMENTS TO THE LEAGUE (140.20) Maria Morris, City Clerk, provided an agenda report. 4 9/7/2021 Council Action: Moved by Council Member Farias, seconded by Council Member Hart, and carried 4-0 with Mayor Pro Tem Reeve absent to appoint Mayor Taylor as voting delegate to represent the City at the 2021 League of California Cities Annual Conference; direct the voting delegate to vote on the League's Policy Resolution(s); and direct the City Clerk to communicate the appointments to the League. ROLL CALL: AYES: COUNCIL MEMBER: Hart, Bourne, Farias and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Mayor Pro Tem Reeve SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Housing Authority Agency Minutes) SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) COUNCIL ACTION ITEMS: 11. RESOLUTION NO. 21-09-07-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO IN SUPPORT OF THE ESTABLISHMENT OF THE GYPSUM CANYON VETERANS' CEMETERY LOCATED IN THE CITY OF ANAHEIM" (270.10) Mayor Taylor provided a report. Council Action: Moved by Council Member Farias, seconded by Council Member Bourne, and carried 4-0 with Mayor Pro Tem Reeve absent to adopt RESOLUTION NO. 21-09-07-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO IN SUPPORT OF THE ESTABLISHMENT OF THE GYPSUM CANYON VETERANS' CEMETERY LOCATED IN THE CITY OF ANAHEIM." ROLL CALL: AYES: COUNCIL MEMBER: Hart, Bourne, Farias and Mayor Taylor NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Mayor Pro Tern Reeve 5 9/7/2021 CITY COUNCIL REPORTS: • Council Member Hart read the names of colleagues/friends who were killed at the Pentagon during the 9/11 attacks. CITY MANAGER REPORT: Benjamin Siegel, City Manager, provided an update regarding three upcoming massage therapy license hearings from an investigation that arouse from the City's recently amended massage ordinance. ADJOURNMENT: There being no further business Mayor Taylor adjourned the meeting at 8:1 .m. to Tuesday, September 21, 2021, at 4:00 p.m. for Closed Session, and 5:D0 p m, fo the public Business Session, in the City Council Chamber. Rtpe 11 ubmitted, MART-WORRIS, CITY Approved: September 21, 2021 ATTEST: JOHN'TAYLOR, MAYOR 6 9/7/2021