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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