21-0720_CC_Minutes_Regular MeetingMINUTES
July 20, 2021
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
I
BUSINESS SESSION:
Mayor Taylor called the Regular Meeting of July 20, 2021, of the City Council of the City
of San Juan Capistrano to order at 5:21 p.m. 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.
INTRODUCTIONS: None.
INTRODUCTIONS AND PRESENTATIONS:
B1. MAYOR TAYLOR INTRODUCED THE FOLLOWING INDIVIDUALS IN
' ATTENDANCE: Ted Rosenfelt, Parks, Equestrian and Community Services
Commission.
B2. DAN AND PAT KOHLER RECOGNIZED FOR SERVICES TO THE
COMMUNITY
ORAL COMMUNICATIONS/PUBLIC COMMENTS:
• Rich Heimann, City resident (provided handouts); Tom Scott, Camino Real
Playhouse; Jill McGovern, City resident.
PUBLIC HEARINGS:
D1. RESOLUTION NO. 21-07-20-02 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONFIRMING THE COST REPORT FOR THE 2021 WEED ABATEMENT
PROGRAM IN THE CITY OF SAN JUAN CAPISTRANO;" AND CITY CLERK TO
FORWARD THE ASSESSMENTS TO THE ORANGE COUNTY AUDITOR -
CONTROLLER (540.70)
Tom Toman, Public Works Director, provided an agenda report.
' Mayor Taylor opened the public hearing and invited public testimony. No public
testimony was received. Mayor Taylor closed the public hearing.
1 7/20/2021
Council Action: Moved by Council Member Reeve, seconded by Council
Member Hart, and carried unanimously to adopt RESOLUTION NO.
21-07-20-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY '
OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST
REPORT FOR THE 2021 WEED ABATEMENT PROGRAM IN THE CITY OF
SAN JUAN CAPISTRANO;" and direct the City Clerk to forward the assessments
to the Orange County Auditor -Controller.
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member
Bourne, and carried unanimously to approve consent calendar items E1 through E12,
15 and 16, as recommended by staff, with Mayor Taylor abstained from Consent
Calendar E17.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF JUNE 15, 2021,
(CLOSED SESSION) APPROVED
E3. CITY COUNCIL MINUTES — REGULAR MEETING OF JUNE 15, 2021,
APPROVED
E4. SAN JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY MINUTES —
REGULAR MEETING OF JUNE 15, 2021, APPROVED ,
E5. SEWER MAINTENANCE DISTRICT NO. 1 — REGULAR MEETING OF
JUNE 15, 2021, APPROVED
E6. CHECK REGISTERS FOR THE PERIOD FROM MAY 21, 2021, TO
JUNE 17, 2021, RECEIVED AND FILED (300.30)
E7. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
APRIL 30, 2021 (350.30)
E8. FISCAL YEAR 2020-21 THIRD QUARTER FINANCIAL REPORT, RECEIVED
AND FILED; AND PROPOSED ADJUSTMENTS (AS OUTLINED IN
ATTACHMENT 5 OF THE AGENDA REPORT) TO THE CITY'S OPERATING
AND CAPITAL IMPROVEMENT PROGRAM BUDGETS, APPROVED (330.20)
E9. FORMAL RFP/RFQ PROCESS, WAIVED; AND CITY MANAGER
AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH Q2 DATA AND RESEARCH FOR REDISTRICTING SERVICES IN AN
AMOUNT NOT -TO -EXCEED $49,500 (600.30)
E10. REGULAR MEETING SCHEDULE REVISED BY CANCELING THE
CITY COUNCIL MEETING OF AUGUST 3, 2021 '
2 7/20/2021
E11.
NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
E12.
RESOLUTION NO. 21-07-20-03 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
PROCLAIMING THE TERMINATION OF THE EXISTENCE OF A LOCAL
EMERGENCY (NOVEL CORONAVIRUS "COVID-19") DECLARED
MARCH 16, 2020; AND RESCINDING RESOLUTION NO. 20-03-17-03"
(610.15)
E13.
RESOLUTION ESTABLISHING "NO PARKING ANY TIME" PARKING
RESTRICTIONS ON PORTIONS OF VIA BELARDES AT CALLE LUCANA
(570.30) — ITEM REMOVED FROM THE AGENDA
E14.
FACILITY USE PERMIT AND FACILITY RENTAL FEE WAIVER FOR USE OF
STONE FIELD PARK BY ADVANCEOC TO HOST A 'BACK TO SCHOOL
FEST' ON JULY 24, 2021 (390.30) — ITEM REMOVED FROM THE AGENDA
E15.
MILLS ACT CONTRACT BETWEEN THE CITY AND JANE CAVANAUGH-
LOHRBACH FOR THE MAINTENANCE AND PRESERVATION OF THE
EYRAUD-CHABRE-LOHRBACH HOUSE, LOCATED AT 31382 EL CAMINO
REAL (APN: 124-190-07), APPROVED (600.30)
E16. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER
INTERNATIONAL FOR THE PREPARATION OF THE HOUSING ELEMENT
UPDATE FOR THE 2021-2029 6TH REGIONAL HOUSING NEEDS
ASSESSMENT CYCLE, A SAFETY ELEMENT UPDATE, A NEW
ENVIRONMENTAL JUSTICE ELEMENT AND ASSOCIATED CALIFORNIA
ENVIRONMENTAL QUALITY ACT REVIEW; AND GENERAL FUND
APPROPRIATION FOR THIS CITY PROJECT BY INCREASED BY $38,820 TO
COVER THE COST OF THE ADDITIONAL SCOPE OF WORK ASSOCIATED
WITH AMENDMENT NO. 1 (600.30)
E17. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH CITIGUARD, INC. FOR
DOWNTOWN SECURITY GUARD SERVICES, ADDING ONE GUARD
DURING THE MORNING AND AFTERNOON HOURS AND AN ADDITIONAL
NIGHTTIME GUARD THROUGH LABOR DAY 2021; AND $29,000
APPROPRIATED FROM THE PARKING MAINTENANCE FUND TO COVER
THE COSTS OF THIS AMENDMENT (600.30)
Mayor Taylor abstained due to proximity to his home.
ROLL CALL:
t AYES: COUNCIL MEMBER: Hart, Bourne, Farias and Mayor Pro Tem Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Mayor Taylor
3 7/20/2021
ADMINISTRATIVE ITEMS:
F1. DEVELOPMENT SERVICES '
a. STAFF DIRECTED TO INITIATE THE STUDY OF AN AMENDMENT TO
THE FORSTER CANYON PLANNED COMMUNITY COMPREHENSIVE
DEVELOPMENT PLAN (CDP) THAT WOULD ALLOW A 7.29 -ACRE PARCEL,
CURRENTLY DESIGNATED FOR PUBLIC INSTITUTIONAL AND
RECREATION OPEN SPACE USES, TO BE DEVELOPED WITH UP TO
45 RESIDENTIAL DWELLING UNITS (420.40)
• Public Correspondence: Doug Main, Pacifica San Juan Community
Association; Kevin Bates, City resident; Travis Kegel, City resident;
Karen Hilburg, City resident; Sean Doyle, Pacific Point Development
Partners LLC; and Britta Gallery, City resident.
Paul Garcia, Associate Planner, provided a PowerPoint presentation and
responded to questions.
Public Comments: Matthew Blain, New Home Company; Jon Conk, Project
Dimensions; Ralph Strange, City resident; Travis Kegel, City resident; and
Anonymous speaker.
Council Action: Moved by Council Member Farias, seconded by Council Member
Hart, and carried unanimously to direct staff to initiate the study of an amendment '
to the Forster Canyon Planned Community Comprehensive Development Plan
(CDP) that would allow a 7.29 -acre parcel, currently designated for
Public Institutional and Recreation Open Space uses, to be developed with up to
45 residential dwelling units.
F1b. RESOLUTION NO. 21-07-20-01 ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING A GENERAL PLAN AMENDMENT STUDY FOR AN UPDATE TO
THE GENERAL PLAN HOUSING ELEMENT, SAFETY ELEMENT, CREATION
OF AN ENVIRONMENTAL JUSTICE ELEMENT, AND AMENDMENTS
TO THE LAND USE MAP AND ZONING MAP TO CHANGE THE
DESIGNATION OF THE OSO RANCH PLANNED COMMUNITY
TO VERY HIGH DESNITY RESIDENTIAL (APN 121-070-57/66/67), CHANGE
THE LAND USE DESIGNATION OF 31896 PLAZA DRIVE TO
VERY HIGH DESNITY RESIDENTIAL (APN 668-241-23 AND
668-451-01), CHANGE LAND USE DESIGNATION OF ALL INDUSTRIAL PARK
AND QUASI INDUSTIRAL DESIGNATED PROPERTIES ON PASEO
CERVEZA, AVENIDA AEROPUERTO, CALLE AVIADOR,
CALLE PERFECTO VIA DE ANZA AND ADDRESSES 32941, 32951, 33033,
33061, 33081, 33157, 33161, 33171 CAMINO CAPISTRANO
TO INCLUDE A VERY HIGH DENISTY RESIDNETIAL
OVERLAY (APN 668-041-02-03-04-05-06-09-10/13/19/20/32/33/36/37,
,
668-042-01/02/06, 668-043-01/02/03, 668-051-14, 668-052-01/02/03/04,
668-053-04, 668-122-01/03/04/05/06, 668-291-
4 7/20/2021
01/03/04/05/11/14/17/18/19/20/21/22/23/24, 668-121-03/13/15, 668-501-
01/02/03/04/05/06/07/08/09/10, 668-441-02/03/07/08/09, 668-231-01);
' INITIATING AN AMENDMENT TO THE LAND USE CODE ASSOCIATED WITH
THE PROPOSED UPDATE TO THE HOUSING ELEMENT TO COMPLY WITH
STATE LAW TO ENCOURAGE THE DEVELOPMENT OF AFFORABLE
HOUSING; AND MAKING A DETERMINATION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION
THEREWITH;" AND STAFF DIRECTED TO REMOVE THE AVENIDA LOS
AMIGOS SITE, AND BRING BACK FOR FURTHER STUDYING ANOTHER
SITE (440.20/440.25/460.20)
• Public Correspondence: Diane Lee Lewis, City resident. Martha Goodwin,
City resident; Matta and Jess Schitzer, City residents; Gabe and Callie Burt,
City residents; Jesse and Sarah Beck; Laura Fletcher and Michael Engles,
City residents; Ann Elizabeth, Jens and Larry Forster, City residents;
Sandra Medlin, City residents; Joan Boyer, City resident; and Chuck and
Jill Dorris Johnson, City residents.
Laura Stokes, Housing Supervisor/Associate Planner, provided a PowerPoint
presentation and responded to questions. Jeff Ballinger, City Attorney,
responded to questions.
• Public Comments: Dan Wery, Michael Baker International, Inc.;
' Amanda Lain, City resident; Miriam Zuniga, City resident; Logan Bates,
City resident; Gabe Burt, City resident (submitted petition and additional
correspondence); Tom Hunn, City resident; David D'Amour, City resident;
Chuck Johnson, City resident; and Heather Chapman, Unidos South OC.
Council Member Farias made a substitute motion, seconded by Mayor Pro Tem
Reeve but motion failed 2-3 with Council Member Hart, Council Member Bourne
and Mayor Taylor opposed to adopt a resolution initiating a General Plan
Amendment study for an update to the General Plan Housing Element, safety
element, creation of an Environmental Justice Element, and Amendments to the
Land Use Map and Zoning Map to change the designation of the Oso Ranch
Planned Community to very high density residential (APN 121-070-57/66/67),
change the land use designation for all properties addressed on
Avenida Los Amigos to very high density residential (APN 668-451-
02/03/04/05/06/07/08/09/10/11/12/13/14/15/16/17/18/19/20/21 and 668-453-
01/02/03/04/05/06/07/08/09/10/11), change the land use designation of 31896
plaza drive to very high density residential (APN 668-241-23 and 668-451-01),
change land use designation of all industrial park and quasi industrial designated
properties on Paseo Cerveza, Avenida Aeropuerto, Calle Aviador, Calle Perfecto
Via deAnza and addresses 32941, 32951, 33033, 33061, 33081, 33157, 33161,
33171 Camino Capistrano to include a very high density residential overlay
' (APN 668-041-02-03-04-05-06-09-10/13/19/20/32/33/36/37, 668-042-01/02/06,
668-043-01/02/03, 668-051-14, 668-052-01/02/03/04, 668-053-04
668-122-01/03/04/05/06, 668-121-03/13/15, 668-291-
01/03/04/05/11/14/17/18/19/20/21/22/23/24, 668-231-01, 668-441-
02/03/07/08/09, 668-501-01/02/03/04/05/06/07/08/09/10), initiate an
5 7/20/2021
Amendment to the Land Use Code associated with the update to the Housing
Element and comply with state law to encourage the development of affordable
housing and making a determination pursuant to the California Environmental '
Quality Act in connection therewith.
ROLL CALL:
AYES: COUNCIL MEMBER: Farias and Mayor Pro Tem Reeve
NOES: COUNCIL MEMBER: Hart, Bourne and Mayor Taylor
ABSENT: COUNCIL MEMBER: None
Council Action: Moved by Mayor Taylor, seconded by Council Member Hart, and
carried 3-2 with Council Member Farias and Mayor Pro Tem Reeve opposed to
adopt RESOLUTION NO. 21-07-20-01 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING A GENERAL PLAN AMENDMENT STUDY FOR AN UPDATE TO
THE GENERAL PLAN HOUSING ELEMENT, SAFETY ELEMENT, CREATION
OF AN ENVIRONMENTAL JUSTICE ELEMENT, AND AMENDMENTS
TO THE LAND USE MAP AND ZONING MAP TO CHANGE THE
DESIGNATION OF THE OSO RANCH PLANNED COMMUNITY
TO VERY HIGH DESNITY RESIDENTIAL (APN 121-070-57/66/67), CHANGE
THE LAND USE DESIGNATION OF 31896 PLAZA DRIVE TO
VERY HIGH DESNITY RESIDENTIAL (APN 668-241-23 AND
668-451-01), CHANGE LAND USE DESIGNATION OF ALL INDUSTRIAL PARK
AND QUASI INDUSTIRAL DESIGNATED PROPERTIES ON PASEO '
CERVEZA, AVENIDA AEROPUERTO, CALLE AVIADOR,
CALLE PERFECTO VIA DE ANZA AND ADDRESSES 32941, 32951, 33033,
33061, 33081, 33157, 33161, 33171 CAMINO CAPISTRANO
TO INCLUDE A VERY HIGH DENISTY RESIDNETIAL
OVERLAY (APN 668-041-02-03-04-05-06-09-10/13/19/20/32/33/36/37,
668-042-01/02/06, 668-043-01/02/03, 668-051-14, 668-052-01/02/03/04,
668-053-04, 668-122-01103/04/05/06, 668-291-
01/03/04/05/11/14/17/18/19/20/21/22/23/24, 668-121-03/13/15, 668-501-
01/02/03/04/05/06/07/08/09/10, 668-441-02/03/07/08/09, 668-231-01);
INITIATING AN AMENDMENT TO THE LAND USE CODE ASSOCIATED WITH
THE PROPOSED UPDATE TO THE HOUSING ELEMENT TO COMPLY WITH
STATE LAW TO ENCOURAGE THE DEVELOPMENT OF AFFORABLE
HOUSING; AND MAKING A DETERMINATION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION
THEREWITH;" and direct staff to remove the Avenida Los Amigos site, and bring
back for further studying another site.
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Bourne and Mayor Taylor
NOES: COUNCIL MEMBER: Farias and Mayor Pro Tem Reeve I ABSENT: COUNCIL MEMBER: None
6 7/20/2021
F2. PUBLIC WORKS
' a. MODIFIED DESIGN OPTION (OPTION 3) FOR THE MEDIAN ISLAND
COMPONENT OF THE ORTEGA HIGHWAY/DEL OBISPO STREET
GATEWAY LANDSCAPING PROJECT, APPROVED; AND PROJECT
CONTINGENCY INCREASED FROM 10% TO 15%, APPROPRIATING $34,000
FROM THE GENERAL FUND TO COVER POTENTIAL ADDITIONAL COSTS
(820.20/600.30)
Tom Toman, Public Works Director, provided a PowerPoint presentation and
responded to questions. Benjamin Siegel, City Manager, responded to
questions.
Council Action: Moved by Council Member Bourne, seconded by Mayor Pro Tem
Reeve, and carried unanimously to approve a modified design option (Option 3)
for the median island component of the Ortega Highway/Del Obispo Street
Gateway Landscaping Project; and increase the Project Contingency from 10%
to 15%, appropriating $34,000 from the General Fund to cover potential
additional costs.
F3. CITY MANAGER
a. CITY MANAGER AUTHORIZED TO EXECUTE EMPLOYMENT AGREEMENTS
WITH THE ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER, CITY
CLERK, COMMUNITY SERVICES MANAGER, DEVELOPMENT SERVICES
DIRECTOR, HUMAN RESOURCES AND RISK MANAGER, AND PUBLIC
WORKS DIRECTOR; ADOPT RESOLUTION NO. 21-07-20-04 ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA,AMENDING RESOLUTION 19-11-05-03, THE
CITY'S CLASSIFICATION AND COMPENSATION PLANS, IMPLEMENTING
SALARY TABLES FOR FISCAL YEARS 2021-2022, 2022-2023, AND 2023-
2024 FOR EXECUTIVE STAFF;" AND FISCAL YEAR 2021-22 BUDGET
INCREASED TO REFLECT THE COST OF THE EMPLOYMENT
AGREEMENTS AND COST OF LIVING ADJUSTMENTS (700.20/600.30)
Sam Penrod, Human Resources Manager, provided an agenda report.
Council Action: Moved by Mayor Pro Tem Reeve, seconded by Council Member
Hart, and carried unanimously to authorized the City Manager to execute
Employment Agreements with the Assistant City Manager, Chief Financial
Officer, City Clerk, Community Services Manager, Development Services
Director, Human Resources and Risk Manager, and Public Works Director;
adopt RESOLUTION NO. 21-07-20-04 entitled"A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING RESOLUTION 19-11-05-03, THE CITY'S
' CLASSIFICATION AND COMPENSATION PLANS, IMPLEMENTING SALARY
TABLES FOR FISCAL YEARS 2021-2022, 2022-2023, AND 2023-2024 FOR
EXECUTIVE STAFF;" and increase the Fiscal Year 2021-22 Budget to reflect
the cost of the Employment Agreements and cost of living adjustments.
7 7/20/2021
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS: None. '
CITY COUNCIL REPORTS: None.
CITY MANAGER REPORT: None.
ADJOURNMENT:
There being no further business Mayor Taylor adjourned the meeting at
7:50 p.m. to Tuesday, August 17, 2021, at 4:00 p.m. for Closed Session, and
5:00 p.m. for the public Business Session, in the City Council Chamber.
Respectfully submitted,
MAk3YA MO RIS, CITY CLERK
Approved: August 17, 2021
ATTE T'
JOHN TAYLOR, MAYOR
8 7/20/2021
r