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Home My WebLink AboutMinutes - 4/2/2019RUSS UTZ, MAYOR ANDREW KOTYUK, MAYOR PRO TEM ALONSO L£DEZMA, COUNCILMEMBER JOEL LOPM COUNCILMEMBER CRYSTAL RUIZ, COUNCILMEMBER SAN JACINTO ACTION MINUTES CITY COUNCIL — REGULAR MEETING TUESDAY, APRIL 2, 2019 6:30 PM OPEN SESSION SAN JACINTO COMMUNITY CENTER 625 S. PICO AVE SAN JACINTO, CA 92583 951487-7339 1. ORGANIZATION Mayor Russ Utz called the meeting to order at 5:32 pm. 1.1 Public Comments on Closed Session Items There were no public comments on Closed Session items. Mayor Utz adjourned the Regular meeting to Closed Session at 5:32 pm. 1.2 Closed Session 1.2.1 CONFERENCE WITH LEGAL COUNSEL Existing litigation pursuant to Government Code section 54956.9(d)(1) San Jacinto v. Reaser, case no. RIC 1805296 Mayor Utz called the meeting to order at 6:31 pm. 1.3 Closed Session Report City Attorney Michael J. Maurer stated there was no report from Closed Session. 1.4 Roll Call City Clerk Angela Walton conducted the roll call: Present: Kotyuk, Ledezma, Lopez, Ruiz, Utz Absent: None 1.5 Invocation Pastor Thomas King of 412 Church gave the invocation. 1.6 Pledge of Allegiance The Pledge of Allegiance was led by Girl Scouts of San Jacinto, Troop 663. 1.7 Special Presentation Mayor Utz presented a DMV/Donate Life California Month Proclamation to Brenda Beers of One Legacy, declaring April 2019 as Donate Life California Month. 1.8 Mayor/Council Member Reports / Discussions Councilmembers provided their reports. 1.9 Late Items There were no late items. 2. PUBLIC COMMENTS Public Speakers: 1. Mike Wofford 2. James Pangrazzi 3, JOINT CONSENT CALENDARS City Council Consent Calendar Item 3.A and Successor Agency Item 3.13 Consent Calendars were heard concurrently. 3.A Consent Calendar — City Council 3.A.1. Waiver of Full Reading of Ordinance(s), and Reading by Title Only 3.A.2. Minutes of the Regular City Council Meeting held on March 19, 2019 / City Clerk 3.A.3. Treasurers Report February 28, 2019 / Deputy City Manager 3.11 Consent Calendar — Successor Agency to the Redevelopment Agency of the City of San Jacinto Mayor Pro Tern Andrew Kotyuk pulled Item 3.A.3: Treasurer's Report, for discussion. MIS/C (Ruiz/Ledezma) moved to approve the Consent Calendar. Motion carried 5/0. Ayes: Kotyuk, Ledezma, Lopez, Ruiz, Utz Nays: None Absent: None Abstain: None Pulled Item: 3.A.3. Treasurers Report February 28, 2019 / Deputy City Manager MIS/C (Ledezma/Lopez) moved to approve the Treasurer's Report. Motion carried 5/0. Ayes: Nays: Absent: Abstain: 4. PUBLIC HEARING Kotyuk, Ledezma, Lopez, Ruiz, Utz None None None 4.1 Approval of San Jacinto Unified School District Financing Authority Special Tax Revenue Bonds Tom Prill, Deputy City Manager of Administrative Services presented the staff report. Mr. Prill introduced Seth Heeran, SJUSD Assistant Superintendent of Business Services, to provide additional information. Mayor Utz opened the Public Hearing at 7:00 pm. There were no public speakers; Mayor Utz closed Public Hearing at 7:01 pm. MIS/C (RuizlLedezma) moved to approve SJUSD Financing Authority Special Tax Revenue Bonds. Motion carried 5/0. Ayes: Ruiz, Lopez, Utz, Ledezma, Kotyuk Nays: None Absent: None Abstain: None 4.2 KPC Promenade - A proposal of Latham Management Group to establish a 120-room hotel, a medical office building, a sit-down restaurant, two drive -through restaurants, a combination retail store and restaurant, and a combination service station car wash and convenience store all totaling 155,200 square feet. The project also includes a 114- room senior housing project. A Planned Development Permit application has been filed to allow a building height of 96 feet for the hotel and 422 commercial parking spaces. To facilitate the Project, the applicant is requesting General Plan Amendment 16-1 and Change of Zone 16-1 to establish the Community Commercial land use designation and the Commercial General (CG) Zone respectively, Parcel Map 37099 to establish nine (9) parcels, Site PIan and Development Review Case 16-7, Planned Development Permit 18-1, Minor Use Permit 16-2 for senior residential housing having 138 parking spaces, Minor Use Permit 16-3 for the service station, and Minor Use Permit 164 for the drive -through restaurants Travis Randel, Community Development Director, presented the staff report. Mayor Utz opened the Public Hearing at 7:19 pm. Public Speakers: 1. Josh Bourgeois 2. Howard Rosenthal 3. Blaine Wormer 4. James Pangrazzi Mayor Utz closed Public Hearing at 7:27 pm. City Attorney Maurer recommended placing this item on the Consent Calendar for April 15, 2019 Regular City Council meeting. M/S/C (Kotyuk/Ruiz) made a motion to approve Ordinance 19-09 for 13' reading, and continue action on the other items. Motion carried 5/0. Ayes: Utz, Lopez, Ruiz, Ledezma, Kotyuk Nays: None Absent: None Abstain: None 4.3 Development Agreement 2-15 Amendment No. 1— A proposal to extend the Development Agreement for an additional twenty-four months to extend fee credits for the development of Tract Map 32250 Community Development Director Randel presented the staff report. Mayor Utz opened the Public Hearing at 8:07 pm. Public Speakers: 0 1. James Pangrazzi Mayor Utz closed Public Hearing at 8:10 pm. M/SIC (Lopez/Ledezma) moved to approve Development Agreement 2-15 — Amendment No. 1. Motion carried 510. Ayes: Ruiz, Kotyul , Ledezma, Utz, Lopez Nays: None Absent: None Abstain: None At this time, Councilmember Ledezma made a motion to approve hearing Item 4.5 before Item 4.4. M/S/C (Ledezma/Ruiz) moved to approve this motion. Motion carried 510. Ayes: Ruiz, Kotyuk, Ledezma, Utz, Lopez Nays: None Absent: None Abstain: None Mayor Utz called for brief intermission at 8:30 pm. Council returned to dais at 8:40 pm. 4.5 P19-005 - A proposal by the City of San Jacinto for a comprehensive update to the San Jacinto Municipal Code for Cannabis Oriented Businesses and Uses including Chapter 3.32 of Title 3 — Revenue and Finance, Chapters 9.28, 9.28A and 9.28B of Title 9 — Public Peace, Morals and Welfare and Various Chapters of Title 17- Development Code. The proposed amendments include, but are not limited to (a) updates to the cannabis tax structure for cannabis oriented businesses, (b) revisions to cannabis use restrictions including commercial and personal uses, (c) revisions to the Permitted Uses Tables to identify Cannabis Oriented Businesses as permitted uses in various zones; (d) update in terminology to reflect changes made under Proposition 64 (Adult Use of Marijuana Act) and recent State Law updates (i.e. "Marijuana" is now referred to as "Cannabis"); (e) replacement of Chapter 17.435 —"Commercial Marijuana Cultivation" with "Cannabis Oriented Businesses"; (f) replacement of Chapter 17.603 — "Commercial Marijuana Cultivation Permit" with "Cannabis Oriented Businesses Permit"; (g) revisions to Chapter 17.705 — Nonconforming Parcels, Structures and Uses to eliminate cannabis cultivation as a non -conforming use; (h) revisions to Chapter 17.800 — Definitions, to be consistent to changes made under Proposition 64 and recent State Law updates; (i) various non -substantive formatting changes throughout the Municipal Code Community Development Director Randel presented the staff report. Mayor Utz opened the Public Hearing at 9:10 pm. Written correspondence received from Diane Perez, SJUSD Superintendent, Deborah Rex, SJUSD Board Trustee, John I. Norman, SJUSD Board President, and Jasmin Rubio, SJUSD Board Trustee. Letter was read into the record by the City Clerk. Public speakers: 1. James Pangrazzi 2. Wayne Maniglia 3. Sandra Oceguna 4. Randy Wastal 5. Laura Vriarte 6. Juan 7. Richard Wesselink 8. Lourdes Celis Mayor Utz closed the Public Hearing at 9:36 pm. MIS/C (Lopez/Ledezma) made a motion to continue this item to May, and Councilmember Ledezma seconded. MISIC (Kotyuk/Ruiz) made a substitute motion to approve the first readings of Ordinance 19- 10, Ordinance 19-11, and Ordinance 19-12, and to continue the second readings of each to the first regular City Council meeting in June 2019. Resolution 3755, which calls for setting new tax rates for Cannabis Oriented Businesses, will be held until the first June meeting as well. Motion carried 4/0/1. Ayes: Kotyuk, Lopez, Ruiz, Utz Nays: None Absent: None Abstain: Ledezma 4.4 Development Agreement 15-3 Amendment No.1— A proposal to extend the Development Agreement for an additional twenty-four months to extend fee credits for the continued development of 71 lots in Tract Map 31037 Community Development Director Randel presented the staff report. Mayor Utz opened the Public Hearing at 10:56 pm. There were no public speakers; Mayor Utz closed the Public Hearing at 10:57 pm. M/S/C (Ruiz/Ledezma) moved to approve Development Agreement 15-3 -- Amendment No. 1. Motion carried 510. Ayes: Kotyuk, Ledezma, Lopez, Ruiz, Utz Nays: None Absent: None Abstain: None 5. CITY MANAGER UPDATE City Manager Johnson deferred his update to the next regular City Council meeting. 6. FUTURE REQUESTS TO STAFF + Councilmember Ruiz wants to consider options for addressing the safety concerns of citizens as well as developing an educational component regarding the Cannabis issue. Mayor Utz appointed Mayor Pro Tern Kotyuk and Councilmember Ruiz to an ad hoc committee for this matter. + Mayor Utz requested that staff reviews the feasibility of the City's membership in the US Conference of Mayors. 7. ADJOURNMENT With no further business before the City Council, Mayor Utz adjourned the Regular Meeting of the City Council at 11:00 pm. CTYOFSANJ ATTES M kn ! of on, City Cl rk Approved as read: 4-16-19 Approved as amended: