20-1207_CC_Minutes_Adjourned Regular Meetingu
MINUTES
December 7, 2020
SAN JUAN CAPISTRANO CITY COUNCIL
ADJOURNED REGULAR MEETING
BUSINESS SESSION:
Mayor Bourne called the Adjourned Regular of December 7, 2020, of the City Council of
the City of San Juan Capistrano to order at 5:06 p.m. 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: None.
JOINT CITY COUNCIL, HOUSING AUTHORITY AND SUCCESSOR AGENCY
REORGANIZATION:
C1. Public Comments regarding Agenda Items C-2 through C-12
Dan Alquist, City resident.
C2. RESOLUTION 20-12-07-01 ADOPTED CERTIFYING THE RESULTS OF THE
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2020 (630.20)
Maria Morris, City Clerk, provided an agenda report.
Council Action: Moved by Council Member Reeve, seconded by Council Member
Maryott, and carried unanimously to adopt RESOLUTION NO. 20-12-07-01
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION FOR DISTRICT 5 HELD ON NOVEMBER 3, 2020,
DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY
LAW.,'
C3. OUTGOING MAYOR TROY BOURNE RECOGNIZED FOR HIS SERVICE AND
CONTRIBUTION AS SAN JUAN CAPISTRANO MAYOR
1 C4, REMARKS PROVIDED BY OUTGOING MAYOR TROY BOURNE
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12/7/2020
C5. OUTGOING COUNCIL MEMBER BRIAN L. MARYOTT RECOGNIZED FOR HIS
SERVICE AND CONTRIBUTION AS SAN JUAN CAPISTRANO COUNCIL
MEMBER
C6. REMARKS PROVIDED BY OUTGOING COUNCIL MEMBER BRIAN L.
MARYOTT
C7. OATH OF OFFICE ADMINISTERED TO NEWLY APPOINTED COUNCIL
MEMBER SERGIO FARIAS (DISTRICT 1) AND NEWLY ELECTED COUNCIL
MEMBER HOWARD HART (DISTRICT 5)
Maria Morris, City Clerk, administered the Oaths of Office.
C8. REMARKS PROVIDED BY NEWLY SEATED COUNCIL MEMBERS
SERGIO FARIAS AND HOWARD HART
C9. JOHN TAYLOR SELECTED TO SERVE AS MAYOR AND
DEREK REEVE SELECTED TO SERVE AS MAYOR PRO TEM OF THE
CITY OF SAN JUAN CAPISTRANO CITY COUNCIL, TERMS ENDING
DECEMBER 7, 2021
Maria Morris, City Clerk, called for nominations for the office of Mayor.
Council Action: Moved by Council Member Reeve, seconded by
Council Member Farias, and carried unanimously to select John Taylor as Mayor,
term ending December 7, 2021. '
Maria Morris, City Clerk, called for nominations for the office of
Mayor Pro Tem.
Council Action: Moved by Council Member Farias, seconded by Mayor Taylor,
and carried unanimously to select Derek Reeve as Mayor Pro Tem, term ending
December 7, 2021.
C10. HOWARD HART SELECTED TO SERVE AS CHAIR AND TROY BOURNE
SELECTED TO SERVE AS VICE -CHAIR OF THE CITY OF SAN JUAN
CAPISTRANO HOUSING AUTHORITY, TERMS ENDING DECEMBER 7, 2021
Maria Morris, Commission Secretary, called for nominations for Chair.
Commission Action: Moved by Commissioner Farias, seconded by
Vice -Chair Reeve, and carried unanimously to select Howard Hart as Chair, term
ending December 7, 2021.
Maria Morris, Commission Secretary, called for nominations for Vice -Chair.
Commission Action: Moved by Commissioner Farias, seconded by
Vice -Chair Reeve, and carried unanimously to select Troy Bourne as
Vice -Chair, term ending December 7, 2021.
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C11. TROY BOURNE SELECTED TO SERVE AS CHAIR AND SERGIO FARIAS
SELECTED TO SERVE AS VICE -CHAIR OF THE SUCCESSOR AGENCY TO
' THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY,
TERMS ENDING DECEMBER 7, 2021
Maria Morris, Agency Secretary, called for nominations for Chair.
Board Action: Moved by Chair Farias, seconded by Board Member Taylor, and
carried unanimously to select Troy Bourne as Chair, term ending
December 7, 2021.
Maria Morris, Agency Secretary, called for nominations for Vice -Chair.
Board Action: Moved by Board Member Reeve, seconded by
Board Member Taylor, and carried unanimously to select Sergio Farias as
Vice -Chair, term ending December 7, 2021.
C12. REMARKS PROVIDED BY NEWLY APPOINTED MAYOR PRO TEM
REEVE AND MAYOR TAYLOR
ORAL COMMUNICATIONS: None.
PUBLIC HEARINGS:
' E1. RESOLUTION 20-12-07-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A PURCHASE AND SALE AGREEMENT WITH THE CITY OF SAN
JUAN CAPISTRANO AND GANAHL LUMBER COMPANY FOR THE SALE OF
THE LOWER ROSAN PROPERTY (APN 121-253-13; 121-253-15; 121-240-39;
121-240-73; 121-240-76);" AND RESOLUTION 20-12-07-03 ADOPTED
ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING A 2020 AGREEMENT
AFFECTING REAL PROPERTY (LOWER ROSAN PROPERTY) BY AND
BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND GANAHL LUMBER
COMPANY;" AND, CITY MANAGER AUTHORIZED TO EXECUTE THE
MASTER AGREEMENT FOR TAXING ENTITY COMPENSATION,
SUSTAINABLY IN THE FORM ATTACHED, WITH ALL TAXING ENTITIES WHO
RECEIVE A SHARE OF THE LOWER ROSAN RANCH PROPERTY SALE
PROCEEDS (600.30)
Matisse Reischl, Senior Management Analyst, provided a PowerPoint
presentation and responded to questions.
Mayor Taylor opened the public hearing and invited public testimony. No public
testimony was received. Mayor Taylor closed the public hearing.
3 12/7/2020
Council Action: Moved by Council Member Hart, seconded by Council
Member Bourne, and carried unanimously to adopt RESOLUTION
20-12-07-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A PURCHASE AND '
SALE AGREEMENT WITH THE CITY OF SAN JUAN CAPISTRANO AND
GANAHL LUMBER COMPANY FOR THE SALE OF THE LOWER ROSAN
PROPERTY (APN 121-253-13; 121-253-15; 121-240-39; 121-240-73; 121-240-
76);' and adopt RESOLUTION 20-12-07-03 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A 2020 AGREEMENT AFFECTING REAL PROPERTY (LOWER
ROSAN PROPERTY) BY AND BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND GANAHL LUMBER COMPANY;" and, authorize the
City Manager to execute the Master Agreement for Taxing Entity Compensation,
sustainably in the form attached, with all taxing entities who receive a share of the
Lower Rosan Ranch Property sale proceeds.
E2. A) RESOLUTION 20-12-07-04 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, CERTIFYING THE HISTORIC TOWN
CENTER MASTER PLAN REPEAL, GENERAL PLAN AMENDMENT, AND
ORDINANCE CHANGE PROJECT FINAL ENVIRONMENTAL IMPACT REPORT
(SCH #2019049084), ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS, ADOPTING THE MITIGATION MONITORING AND
REPORTING PROGRAM, AND APPROVING THE PROJECT;" B)
INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED ,
ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING LAND USE ELEMENT,
GENERAL PLAN, IN CONNECTION WITH REPEAL OF HISTORIC TOWN
CENTER MASTER PLAN AND FORM -BASED CODE, AND REPEALING ALL
PRIOR RESOLUTIONS AND ORDINANCES PURPORTING TO AMEND THE
GENERAL PLAN WITH RESPECT TO THE HISTORIC TOWN CENTER
MASTER PLAN;" C) INTRODUCTION AND FIRST READING OF AN
ORDINANCE APPROVED ENTITLED "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, (1)
AMENDING TITLE 9, ZONING CODE, AND (II) READOPTING AND AFFIRMING
THE 'PARK ONCE" PROGRAM IN THE TOWN CENTER AND TOWN CENTER
EDGE DISTRICTS, IN CONNECTION WITH REPEAL OF HISTORIC TOWN
CENTER MASTER PLAN AND FORM -BASED CODE" INCLUSIVE OF THE
PROPOSED CLEAN-UP ACTIONS AS DISCUSSED BY THE CITY COUNCIL
WITH THE EXCEPTION AND REMOVAL OF THE FOLLOWING: 1) ESTABLISH
SETBACKS BETWEEN NEW DEVELOPMENT AND HISTORIC STRUCTURES;
2) PROHIBIT DRIVE-THROUGH FACILITIES IN THE TOWN CENTER EDGE
DISTRICT; AND, 3) ESTABLISH BICYCLE PARKING STANDARDS FOR THE
TOWN CENTER AND TOWN CENTER EDGE DISTRICTS; AND, D) REPEAL
THE HISTORIC TOWN CENTER MASTER PLAN (HTCMP) AND HISTORIC
TOWN CENTER FORM BASED CODE (HTCFBC) (440.25) ,
4 12/7/2020
Mayor Taylor recused himself due to proximity to his residence and left the
Council Chambers. Mayor Pro Tem Reeve preceded the meeting.
Sergio Klotz, Assistant Development Services Director, provided a PowerPoint
presentation and responded to questions. Benjamin Siegel, City Manager,
Jeff Ballinger, City Attorney, and Joel Rojas, Development Services Director,
responded to questions.
Mayor Pro Tem Reeve opened the public hearing and invited public testimony.
No public testimony was received. Mayor Pro Tem Reeve closed the
Public Hearing.
Maria Morris, City Clerk, read the ordinance titles.
Council Action: Moved by Council Member Bourne, seconded by Council
Member Farias, and carried 4-0 with Mayor Taylor recused to: A) adopt
RESOLUTION 20-12-07-04 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, CERTIFYING THE HISTORIC TOWN
CENTER MASTER PLAN REPEAL, GENERAL PLAN AMENDMENT, AND
ORDINANCE CHANGE PROJECT FINAL ENVIRONMENTAL IMPACT REPORT
(SCH #2019049084), ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS, ADOPTING THE MITIGATION MONITORING AND
' REPORTING PROGRAM, AND APPROVING THE PROJECT;" B) approve the
introduction and first reading of an Ordinance entitled "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING LAND USE ELEMENT, GENERAL PLAN, IN CONNECTION WITH
REPEAL OF HISTORIC TOWN CENTER MASTER PLAN AND FORM -BASED
CODE, AND REPEALING ALL PRIOR RESOLUTIONS AND ORDINANCES
PURPORTING TO AMEND THE GENERAL PLAN WITH RESPECT TO THE
HISTORIC TOWN CENTER MASTER PLAN;" C) approve the introduction and
first reading of an Ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, (1) AMENDING
TITLE 9, ZONING CODE, AND (II) READOPTING AND AFFIRMING THE "PARK
ONCE" PROGRAM IN THE TOWN CENTER AND TOWN CENTER EDGE
DISTRICTS, IN CONNECTION WITH REPEAL OF HISTORIC TOWN CENTER
MASTER PLAN AND FORM -BASED CODE;" inclusive of the proposed clean-up
actions as discussed by the City Council with the exception and removal of the
following: 1) establish setbacks between new development and historic
structures; 2) prohibit drive-through facilities in the Town Center Edge district;
and, 3) establish bicycle parking standards for the Town Center and Town Center
Edge districts; and, D) repeal the Historic Town Center Master Plan (HTCMP) and
Historic Town Center Form Based Code (HTCFBC).
ROLL CALL:
'
AYES:
COUNCIL MEMBER: Hart, Bourne, Farias and Mayor Pro Tem Reeve
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Mayor Taylor
5 12/7/2020
CONSENT CALENDAR:
Council Action: Moved by Mayor Pro Tem Reeve, seconded by Council Member Bourne,
and carried unanimously to approve consent calendar items F1 through F17, as '
recommended by staff, with Council Member Hart abstained from consent calendar
items F2 and F3; and, Mayor Taylor abstained from consent calendar item F17.
F1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
F2. CITY COUNCIL MINUTES — SPECIAL AND TELEPHONIC MEETING OF
NOVEMBER 2, 2020 (CLOSED SESSION), APPROVED
ROLL CALL
AYES:
COUNCIL MEMBER: Bourne, Farias, Reeve and Mayor Taylor
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
ABSTAINED:
COUNCIL MEMBER: Hart
F3. CITY COUNCIL MINUTES — ADJOURNED AND TELEPHONIC MEETING OF
NOVEMBER 2, 2020, APPROVED
ROLL CALL:
AYES: COUNCIL MEMBER: Bourne, Farias, Reeve and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None '
ABSTAINED: COUNCIL MEMBER: Hart
F4. CHECK REGISTERS FOR THE PERIOD FROM OCTOBER 9, 2020, TO
NOVEMBER 5, 2020, RECEIVED AND FILED (300.30)
F5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
OCTOBER 31, 2020, RECEIVED AND FILED (350.30)
F6. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
F7. RESOLUTION 20-12-07-05 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DELEGATING TO THE CITY
TREASURER/CHIEF FINANCIAL OFFICER AUTHORITY TO DEPOSIT CITY
FUNDS AND TO INVEST OR REINVEST CITY FUNDS, AUTHORIZING
SIGNATURES AND REPEALING RESOLUTION NO. 19-12-03-01" (320.10)
F8. ANNUAL FINANCIAL REPORT OF DEVELOPMENT IMPACT FEES AND MAKE
THE FINDINGS CONTAINED HEREIN, APPROVED (420.20)
6 12/7/2020
F9. RESOLUTION NO. 20-12-07-06 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONCERNING THE AMENDED MEASURE M2 EXPENDITURE
REPORT FOR THE CITY OF SAN JUAN CAPISTRANO FOR THE FISCAL
YEAR ENDED JUNE 30, 2020 AND REPEALING RESOLUTION NO. 20-11-02-
01" (820.25)
F10. CITY MANAGER AUTHORIZED TO EXECUTE THE ASSIGNMENT AND
ASSUMPTION AGREEMENT THAT REFLECTS ACQUISITION OF THE
CITY'S AUDIT FIRM, WHITE NELSON DIEHL EVANS LLP BY
CLIFTONLARSONALLEN LLP (600.30)
F11. RESOLUTION NO. 20-12-07-07 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DETERMINING COMPLETION OF WORK IN ACCORDANCE
WITH APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION
OF ON-SITE AND OFF-SITE IMPROVEMENTS ASSOCIATED WITH TRACT
16146, 17655 and 17713 OLIVA RESIDENTIAL DEVELOPMENT (APPLICANT:
THE NEW HOME COMPANY SAN JUAN LLC, A DELAWARE LLC)" (600.30)
F12. CITY MANAGER AUTHORIZED TO EXECUTE A TEN-YEAR AGREEMENT
WITH THE SAN JUAN SENIOR CLUB FOR USE OF DEFINED AREAS AND
HOURS OF OPERATION AT THE COMMUNITY CENTER (600.30)
' F13. 2021 STREET BANNER CALENDAR FOR BANNER INSTALLATIONS AT THE
INTERSECTION OF DEL OBISPO STREET AND CAMINO CAPISTRANO,
APPROVED (410.40)
F14. FORMAL REQUEST FOR PROPOSAL PROCESS WAIVED PURSUANT
TO MUNICIPAL CODE TITLE 3, CHAPTER 4, SECTION 3-4.310 (E) FOR
TEMPORARY, PROFESSIONAL STAFFING SERVICES ASSOCIATED WITH
WATER AND SEWER CONSTRUCTION INSPECTION, AND; CITY MANAGER
AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH NV5 TO PROVIDE WATER AND SEWER INSPECTION PROFESSIONAL
STAFFING SERVICES THROUGH JUNE 30, 2021, FOR AN AMOUNT NOT TO
EXCEED $105,625, AND; CITY MANAGER AUTHORIZED TO APPROVE AN
OPTIONAL AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
EXTENDING THE TERM OF THE AGREEMENT THROUGH DECEMBER 31,
2021, FOR AN ADDITIONAL AMOUNT NOT TO EXCEED $105,625 (600.30)
F15. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH MICHAEL BAKER INTERNATIONAL FOR THE
PREPARATION OF THE HOUSING ELEMENT UPDATE FOR 2021-2029 6T"
REGIONAL HOUSING NEEDS ASSESSMENT CYCLE, SAFETY ELEMENT
UPDATE, AND ENVIRONMENTAL JUSTICE ELEMENT UPDATE
' AND ASSOCIATED CALIFORNIA ENVIRONMENTAL QUALITY ACT
REQUIREMENTS; AND, GENERAL FUND APPROPRIATIONS INCREASED BY
$49,290 FOR COSTS ASSOCIATED WITH THESE SERVICES (600.30)
7 12/72020
F16. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 3 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS FOR THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT, PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AT A COST '
NOT -TO -EXCEED $330,553, TO BE FUNDED BY THE APPLICANT (600.30)
F17. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH CITIGUARD, INC. FOR SECURITY GUARD SERVICES,
SUBSTANTIALLY IN THE FORM ATTACHED TO THE AGENDA REPORT,
THROUGH JUNE 30, 2021; AND, CITY MANAGER TO EXECUTE UP TO
THREE 1 -YEAR RENEWAL OPTIONS, BASED ON PERFORMANCE AND
BUDGET AVAILABILITY; AND, APPROPRIATE $50,000 FROM THE PARKING
MAINTENANCE FUND TO COVER THE COSTS OF THIS CONTRACT FOR
FISCAL YEAR 2020-21 (600.30)
Mayor Taylor abstained due to proximity to his residence.
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Bourne, Farias and Mayor Pro Tem Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Mayor Taylor
ADMINISTRATIVE ITEMS: None.
SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Housing Authority Agency I Minutes)
(Refer to Successor Agency
COUNCIL ACTION ITEMS: None.
CITY COUNCIL REPORTS:
• Council Member Farias thanked first responders for their work on the Bond Fire.
• Mayor Pro Tem Reeve thanked staff for the Drive-thru Holiday Celebration and
wished all a happy holiday season.
• Mayor Taylor wished all a happy holiday season.
CITY MANAGER REPORT: Benjamin Siegel, City Manager wished all a happy holiday
season, and thanked everyone in the community who participated at the Drive-Thru
Holiday Celebration.
8 12/7/2020
ADJOURNMENT:
' There being no further business Mayor Taylor adjourned the meeting at 8:18 p.m. to
Tuesday, December 8, 2020, at 4:00 p.m. for Closed Session; and, then to Tuesday,
Janu 19, 21, at 4:00 p.m. for Closed Session and 5:00 p.m. for the public Business
Sessio , r th City Council Chamber.
bmitted,
RIMS. CITY
Approved: January 19, 2021
ATTEST:
JOHN YAYLOR, MAYOR
i
9 12/7/2020