21-0615_CC_Minutes_Regular MeetingMINUTES
June 15, 2021
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Taylor called the Regular Meeting of June 15, 2021, of the City Council of the
City of San Juan Capistrano to order at 5:23 p.m. Mayor Taylor led the Pledge of
Allegiance and Council Member Bourne 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 Derek 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: None.
' PRESENTATIONS: None.
ORAL COMMUNICATIONS/PUBLIC COMMENTS:
Correspondence: Due to high volume of correspondence received,
correspondence is kept in the City Clerk's Office and is also available as
attachments under Oral Communications/Public Comments on the City's
website.
Dr. Julie Ryan Johnson, San Juan Capistrano Equestrian Coalition (provided a
video); Emma Mulder, City resident; Dana Butler-Moburg, The Shea Center;
Jim Carter, City resident; Sara Dillon, City resident; Diane Harkey, San Juan
Capistrano Equestrian Coalition and Las Vaqueras; Gail Fayad, City resident;
Sue Bedrosian, City resident; Jessica Dicostanzo, San Juan Capistrano
Equestrian Coalition; Shelly Barker, City resident; Dr. Kathy Fertig, Orange
County Equine Veterinary Services; Kathy Hobstetter, City business owner;
Kimberly Milo, (no place of residence provided); Anonymous speaker; John
Berney, City resident; Samantha Rivera, City resident; and Christina Carson,
City resident (did not wish to speak but instead register her position for the
record).
6/15/2021
PUBLIC HEARINGS:
D1. CODE AMENDMENT 20-002, LOS RIOS SPECIFIC PLAN 78-01; AN '
ORDINANCE TO AMEND THE LOS RIOS SPECIFIC PLAN TO ALLOW
EXPANDED AND NEW ALCOHOLIC BEVERAGE SALES WITHIN FOOD
ESTABLISHMENTS (APPLICANTS: DAMIAN OROZCO, ALLAN NICCOLA
AND CLAUDIA NICCOLA [THE TEA HOUSE ON LOS RIOS] AND PHILLIP
SCHWARTZE REPRESENTING JOHN HUMPHREYS [THE RAMOS HOUSE
CAFE] AND DAN ALMQUIST [HIDDEN HOUSE COFFEE])(PROPERTY
OWNERS: TRUETEAPARKING SJC, LLC; JOHN Q. HUMPHREYS; AND 31791
LOS RIOS STREET, LLC) (400.40/585.15) — ITEM TABLED
Public Correspondence: Due to high volume of correspondence received,
correspondence is kept in the City Clerk's Office and is also available as
attachments to the Agenda Report on the City's website.
Mayor Taylor recused himself due to proximity to his residence. Mayor Pro Tem
Reeve preceded the meeting.
Sergio Klotz, Development Services Assistant Director, provided a PowerPoint
presentation and responded to questions. Benjamin Siegel, City Manager and
Jeff Ballinger, City Attorney, responded to questions.
Public Testimony: Phillip Schwartze, representing Applicant (provided
handout); Lori Porter, City resident; Mary Jane Forster Foley, '
City resident; David Hutchins, City resident; Stephen Rios, City resident;
John Taylor, City resident; Toni Reiner, (did not wish to speak but instead
register position for the record); Chuck Krolikowski, Newmeyer & Dillon;
Monica Mukai, City resident; Sarah Elson, Mission Viejo resident; Damian
Orozco, Tea House; Dan Ingel (no place of residence provided);
Anna Dickinson, City resident; and Lisa Diaz (no place of residence
provided).
Council Member Bourne made a motion to reject staffs recommendation, but the
motion died for a lack of a second.
Council Member Bourne made a second motion to reject staffs recommendation,
but the motion died for a lack of a second.
Council Action: Moved by Council Member Hart, seconded by Council Member
Farias, and carried 4-0 with Mayor Taylor recused to table the item.
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Farias, Bourne and Mayor Pro Tem Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None '
RECUSED: COUNCIL MEMBER: Mayor Taylor
2 6/15/2021
CONSENT CALENDAR:
' Council Action: Moved by Mayor Pro Tem Reeve, seconded by Mayor Taylor and
carried unanimously to approve consent calendar items E1 through E7 and E9 through
E15, and E16 through E19, as recommended by staff, with Mayor Taylor abstained
Consent Calendar E20; and Mayor Pro Tem Reeve abstained from E3 and E9.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF JUNE 1, 2021,
(CLOSED SESSION) APPROVED
E3. CITY COUNCIL MINUTES — REGULAR MEETING OF JUNE 1, 2021,
APPROVED
ROLL CALL
AYES: COUNCIL MEMBER: Hart, Bourne, Farias and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Mayor Pro Tem Reeve
E4. CHECK REGISTERS FOR THE PERIOD FROM MAY 7, 2021, TO
MAY 20, 2021, RECEIVED AND FILED (300.30)
I
E5. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
E6. CITY MANAGER AUTHORIZED TO SIGN AN AGREEMENT WITH LANCE,
SOLL & LUNGHARD, LLP FOR INDEPENDENT AUDIT SERVICES FOR A
TERM OF THREE YEARS, PLUS TWO ONE-YEAR OPTION YEARS AT A
NOT -TO -EXCEED TOTAL COST OF $239,440 (600.30)
E7. RESOLUTION NO. 21-06-15-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
DETERMINING COMPLETION OF WORK IN ACCORDANCE WITH
APPROVED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
ON-SITE AND OFF-SITE IMPROVEMENTS ASSOCIATED WITH PLAZA
BANDERAS HOTEL MIXED USE DEVELOPMENT (NOW THE INN AT THE
MISSION) (APPLICANT: RD OLSON CONSTRUCTION, INC. C/O SOUTH
COAST INVESTORS II, LLC.);" CITY CLERK DIRECTED TO PROCESS THE
RECORDING OF THE NOTICE OF COMPLETION WITH THE ORANGE
COUNTY RECORDER; AND, CITY CLERK AUTHORIZED TO RELEASE THE
CORRESPONDING BONDS 35 DAYS AFTER THE RECORDATION OF THE
NOTICE OF COMPLETION (600.30)
3 6/15/2021
E8. ORDINANCE 1088 ADOPTED ENTITLED "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA,APPROVING AND ADOPTING THE SECOND AMENDMENT TO
THE DEVELOPMENT AGREEMENT FOR THE DISTRITO LA NOVIA — SAN
,
JUAN MEADOWS 154 -ACRE MIXED USE RESIDENTIAL AND COMMERCIAL
PROJECT, BETWEEN THE CITY OF SAN JUAN CAPISTRANO, ON THE ONE
HAND, AND ADVANCED GROUP 99 -SJ AND ADVANCED GROUP 03-79-2,
ON THE OTHER, FOR A PROJECT LOCATED GENERALLY EAST OF
INTERSTATE 5 AND VALLE ROAD, SOUTHWARD FROM SAN JUAN CREEK
ROAD TO LA NOVIA AVENUE, AND FROM VISTA MARINA NORTHWARD TO
LA NOVIA AVENUE WEST OF THE SAN JUAN HILLS GOLF CLUB
(ASSESSOR PARCEL NUMBERS 666-292-01, AND 02, 666-311-02,
THROUGH 04 AND 666-312-01) (THE "PROJECT")" (600.30)
Joel Rojas, Development Services Director, provided an agenda report and
responded to questions.
• Public Comments: Lisa Ohlund, City resident.
Maria Morris, City Clerk, read the title of the Ordinance.
Council Action: Moved by Council Member Hart, seconded by Council Member
Bourne, and carried unanimously to adopted Ordinance 1088 entitled "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA,APPROVING AND ADOPTING THE SECOND
AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE DISTRITO
LA NOVIA — SAN JUAN MEADOWS 154 -ACRE MIXED USE RESIDENTIAL
AND COMMERCIAL PROJECT, BETWEEN THE CITY OF SAN JUAN
CAPISTRANO, ON THE ONE HAND, AND ADVANCED GROUP 99 -SJ AND
ADVANCED GROUP 03-79-2, ON THE OTHER, FOR A PROJECT LOCATED
GENERALLY EAST OF INTERSTATE 5 AND VALLE ROAD, SOUTHWARD
FROM SAN JUAN CREEK ROAD TO LA NOVIA AVENUE, AND FROM VISTA
MARINA NORTHWARD TO LA NOVIA AVENUE WEST OF THE SAN JUAN
HILLS GOLF CLUB (ASSESSOR PARCEL NUMBERS 666-292-01, AND 02,
666-311-02, THROUGH 04 AND 666-312-01) (THE "PROJECT')"; and
recognize that the preservation of San Juan Capistrano's equestrian lifestyle
benefits the community as a whole. It is the sense of the Council that any such
payment, meaning in -lieu of payment, should be directed towards the
preservation of San Juan Capistrano's equestrian community as a top priority
should a compelling need exist at the time such a payment might be
necessitated.
E9. ORDINANCE 1089 ADOPTED ENTITLED "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SAN JUAN CAPISTRANO MUNICIPAL CODE TITLE 5, PUBLIC
WELFARE, CHAPTER 24, REGULATION OF MASSAGE THERAPY, TO
UPDATE THE CITY'S MASSAGE REGULATIONS" (330.20)
4 6/15/2021
ROLL CALL:
' AYES: COUNCIL MEMBER: Hart, Bourne, Farias and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Mayor Pro Tem Reeve
E10. ORDINANCE 1090 ADOPTED ENTITLED "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING ARTICLE .6 — CHANGING NAME OF COMMISSION FROM
PARKS, RECREATION, YOUTH AND SENIOR SERVICES COMMISSION TO
PARKS, EQUESTRIAN AND COMMUNITY SERVICES COMMISSION"
(110.20)
E11. CITY MANAGER AUTHORIZED TO EXECUTE A FIVE-YEAR PROFESSIONAL
SERVICES AGREEMENT WITH AMERICAN GUARD SERVICES, INC., FOR
CROSSING GUARD SERVICES FROM JULY 1, 2021, THROUGH JUNE 30,
2026, IN AN AMOUNT NOT TO EXCEED $610,000; AND BUDGET
INCREASED FOR THIS SERVICE IN THE FISCAL YEAR 2021-22 GENERAL
FUND BUDGET BY $35,000 (600.30)
E12. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH SECURTEC DISTRICT PATROL, INC., IN AN AMOUNT
NOT TO EXCEED $106,000, FOR PARKING ENFORCEMENT SERVICES IN
THE OVERNIGHT PARKING PERMIT ZONES FROM JULY 1, 2021,
THROUGH JUNE 30, 2024; AND FISCAL YEAR 2021-22 BUDGET OF THE
PARKING MAINTENANCE FUND INCREASED BY $10,000 (600.30)
E13. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH LIEBERT CASSIDY
WHITMORE FOR SPECIALIED LEGAL SERVICES, EXTENDING THE TERM
TO JUNE 30, 2023 (600.30)
E14. CONCERT EVENT BY TAG PRESENTS AT HISTORIC TOWN CENTER PARK
(150.60) — ITEM REMOVED FROM THE AGENDA
E15. FULL FEE WAIVER FROM UNIDOS SOUTH OC IN THE AMOUNT OF $744.90
FOR USE OF STONE FIELD PARK FOR A SUMMER CAMP FROM
JULY 5, 2021, THROUGH JULY 9, 2021, APPROVED (460.70/390.30)
E16. RESOLUTION NO. 21-06-16-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, TO ADD ON -STREET PARKING FOR A
PORTIONS OF CAMINO CAPISTRANO, EL CAMINO REAL, AND ORTEGA
' HIGHWAY AND SUPERSEDING PREVIOUS PARKING RESTRICTIONS
ADOPTED BY RESOLUTION' (570.30)
5 6/15/2021
Mayor Taylor recused himself due to proximity to his residence. Mayor Pro Tem
Reeve preceded the meeting.
Tom Toman, Public Works Director, responded to questions. '
Council Action: Moved by Council Member Farias, seconded by Council Member
Bourne and carried 4-0 with Mayor Taylor Recused to adopt RESOLUTION NO.
21-06-15-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO ADD ON -STREET
PARKING FORA PORTIONS OF CAMINO CAPISTRANO, EL CAMINO REAL,
AND ORTEGA HIGHWAY AND SUPERSEDING PREVIOUS PARKING
RESTRICTIONS ADOPTED BY RESOLUTION."
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Farias, Bourne and Mayor Pro Tem Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Mayor Taylor
E17. RESOLUTION NO. 21-06-15-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO
CONCERNING THE STATUS AND UPDATE OF THE CIRCULATION
ELEMENT, AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) '
PROGRAM;" RESOLUTION NO. 21-06-15-04 ADOPTED ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONCERNING THE STATUS AND UPDATE OF
THE PAVEMENT MANAGEMENT PLAN FOR THE MEASURE M2 (M2)
PROGRAM" (820.25)
E18. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH INTERWEST CONSULTING GROUP TO PERFORM
TRAFFIC AND PROFESSIONAL ENGINEERING SERVICES FOR A
TWO-YEAR TERM BEGINNING JULY 1, 2021, AND ENDING JUNE 30, 2023,
FOR AN ANNUAL AMOUNT NOT -TO -EXCEED THE AMOUNT OF AVAILABLE
FUNDING IN THE ANNUAL OPERATIONS AND CAPITAL IMPROVEMENT
BUDGETS (600.30)
E19. RESOLUTION NO. 21-06-15-05 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
WAIVE THE FORMAL RFP/RFQ BID PROCESS AS A NON COST-EFFECTIVE
APPROACH, AND AUTHORIZING STAFF TO PROCEED WITH AWARDING
AN AGREEMENT FOR FUEL CARDS AND MANAGEMENT SERVICES AS A
PARTICIPATING ENTITY IN ACCORDANCE WITH A COMPETITIVE
PROCUREMENT CONDUCTED BY THE STATE OF CALIFORNIA;" AND '
CITY MANAGER AUTHORIZED TO EXECUTE ALL DOCUMENTS
NECESSARY TO PARTICIPATE IN THE STATE OF CALIFORNIA'S
6 6/15/2021
CONTRACT WITH WEX BANK AND ALL SUBSEQUENT
APPLICATIONS/AGREEMENTS OF THE WEX BANK FUEL CARD AND
MANAGEMENT SERVICES PROGRAM (600.30)
E20. RESOLUTION NO. 21-06-15-06 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AND ACCEPTING THE NEGOTIATED
EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM THE
REORGANIZATION AND/OR CHANGE OF ORGANIZATION OF WATER AND
WASTEWATER SERVICES BETWEEN THE CITY AND SANTA MARGARITA
WATER DISTRICT AND TAKING RELATED ACTIONS" (1050.10/390.80)
ADMINISTRATIVE ITEMS:
F1. CITY MANAGER
a. RESOLUTION NO. 21-06-15-07 ADOPTED ENTITLED "A RESOLUTION OF
Matisse Reischl, Senior Management Analyst, provided a PowerPoint
presentation and responded to questions.
• Public Comments: Lisa Ohlund, City resident.
Council Action: Moved by Mayor Pro Tem Reeve, seconded by Council Member
Bourne, and carried unanimously to adopt RESOLUTION NO.
21-06-15-07 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING AND
' DECLARING THAT CERTAIN REAL PROPERTY (CALLE ARROYO'PARCEL)
IS NON-EXEMPT SURPLUS LAND, APPROVING THE FORM OF NOTICE OF
AVAILABILITY THEREFOR, AUTHORIZING THE CITY MANAGER TO
COMPLY WITH THE SURPLUS LAND ACT, AND FINDING THE FOREGOING
7 6/15/2021
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, FINDING AND DECLARING THAT CERTAIN
REAL PROPERTY (CALLE ARROYO PARCEL) IS NON-EXEMPT SURPLUS
LAND, APPROVING THE FORM OF NOTICE OF AVAILABILITY THEREFOR,
AUTHORIZING THE CITY MANAGER TO COMPLY WITH THE SURPLUS
LAND ACT, AND FINDING THE FOREGOING CATEGORICALLY EXEMPT
'
FROM CEQA REVIEW;" RESOLUTION NO. 21-06-16-08 ADOPTED ENTITLED
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, FINDING AND DECLARING THAT
CERTAIN REAL PROPERTY (RANCHO MISSION VIEJO RIDING
PARK AT SAN JUAN CAPISTRANO) IS NON-EXEMPT SURPLUS
LAND, APPROVING THE FORM OF NOTICE OF AVAILABILITY
THEREFOR, AUTHORIZING THE CITY MANAGER TO COMPLY WITH
THE SURPLUS LAND ACT, AND FINDING THE FOREGOING
CATEGORICALLY EXEMPT FROM CEQA REVIEW' (670.70)
Matisse Reischl, Senior Management Analyst, provided a PowerPoint
presentation and responded to questions.
• Public Comments: Lisa Ohlund, City resident.
Council Action: Moved by Mayor Pro Tem Reeve, seconded by Council Member
Bourne, and carried unanimously to adopt RESOLUTION NO.
21-06-15-07 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING AND
' DECLARING THAT CERTAIN REAL PROPERTY (CALLE ARROYO'PARCEL)
IS NON-EXEMPT SURPLUS LAND, APPROVING THE FORM OF NOTICE OF
AVAILABILITY THEREFOR, AUTHORIZING THE CITY MANAGER TO
COMPLY WITH THE SURPLUS LAND ACT, AND FINDING THE FOREGOING
7 6/15/2021
CATEGORICALLY EXEMPT FROM CEQA REVIEW;" and adopt RESOLUTION
NO. 21-06-15-08 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING AND
DECLARING THAT CERTAIN REAL PROPERTY (RANCHO MISSION VIEJO
RIDING PARK AT SAN JUAN CAPISTRANO) IS NON-EXEMPT SURPLUS
LAND, APPROVING THE FORM OF NOTICE OF AVAILABILITY
THEREFOR, AUTHORIZING THE CITY MANAGER TO COMPLY WITH
THE SURPLUS LAND ACT, AND FINDING THE FOREGOING
CATEGORICALLY EXEMPT FROM CEQA REVIEW."
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)
SAN JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY (Refer to Public
Financing Authority Minutes)
SEWER MAINTENANCE DISTRICT NO. 1 (Refer to Sewer Maintenance District No. 1
Minutes)
COUNCIL ACTION ITEMS: None.
CITY COUNCIL REPORTS: None.
CITY MANAGER REPORT: None.
ADJOURNMENT:
There being no further business Mayor Taylor adjourned the
8:20 p.m. to Tuesday, July 20, 2021, at 4:00 p.m. for Closed
5:QO`p.rrA folthe public Business Session, in the City Council Chamber.
[MI110
Approved: July 20, 2021
ATTEST-;
meeting at
Session, and
JOHN TAYLOR, MAYOR
8 6/15/2021