21-0907_CC_Minutes_Regular MeetingMINUTES
September 7, 2021
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Taylor called the Regular Meeting of September 7, 2021, of the City Council of
the City of San Juan Capistrano to order at 5:29 p.m. Council Member Bourne led the
Pledge of Allegiance and Mayor Taylor 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 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: Mayor Taylor introduced Matt Gaffney, Planning Commissioner.
PRESENTATIONS:
B1. Recognition of Leslie "Buddy" Hunn for 60 Years of Service to the San Juan
Capistrano American Legion Post 721
ORAL COMMUNICATIONS:
• Eric Gross, City resident; Carol Mentell, City resident; Frank Larkin,
City resident; Ellen Vinck, City resident; and David Hutchin, City resident.
PUBLIC HEARINGS:
D1. APPEAL DENIED THEREBY UPHOLDING THE CULTURAL HERITAGE
COMMISSION'S DETERMINATION THAT A PROPOSED 3,448 SQUARE
FOOT SINGLE-FAMILY RESIDENCE ON A VACANT PARCEL (APN 124-203-
24 — GENERALLY IDENTIFIED AS 31491 LA MATANZA STREET) IS
PHYSICALLY AND AESTHETICALLY COMPATIBLE WITH TWO ADJACENT
STRUCTURES LISTED ON THE CITY'S INVENTORY OF HISTORIC
CULTURAL LANDMARKS (INCL) IN ACCORDANCE WITH CITY COUNCIL
POLICY 603 (410.50)
9/7/2021
Laura Stokes, Housing Supervisor/Associate Planner, provided a PowerPoint
presentation and responded to questions. Joel Rojas, Development Services
Director, responded to questions.
Mayor Taylor opened the public hearing.
Public Testimony: David Ewing, Applicant; Joe Mankawich, Appellant;
Tyler Warren, City resident; Irene Kane, City resident; Paul McHugh,
City resident; Frank Larkin, City resident; Orrie Brown, City resident;
Anonymous Speaker; and Mike Cecore, City resident.
Mayor Taylor closed the public hearing.
Council Action: Moved by Council Member Bourne, seconded by Council
Member Farias, and carried 3-0-1 with Mayor Pro Tem Reeve absent and
Council Member Hart opposed to deny the appeal, thereby upholding the Cultural
Heritage Commission's determination that a proposed 3,448 square foot single-
family residence on a vacant parcel (APN 124-203-24 — Generally identified as
31491 La Matanza Street) is physically and aesthetically compatible with two
adjacent structures listed on the City's Inventory of Historic Cultural Landmarks
(IHCL) in accordance with City Council Policy 603.
ROLL CAI
AYES: COUNCIL MEMBER: Bourne Farias and Mayor Taylor
NOES: COUNCIL MEMBER: Hart
ABSENT: COUNCIL MEMBER: Mayor Pro Tem Reeve
D2. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED
ENTITLED "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING CODE AMENDMENT (CA) 21-003 TO AMEND
THE LOS RIOS SPECIFIC PLAN (SP) 78-01 TO INCREASE THE MAXIMUM
ALLOWED BUILDING HEIGHT AND CREATE NEW PERMITTED USES AND
DEFINITIONS FOR THE HISTORIC COMMERCIAL DISTRICT "ZOOMARS"
AND CLEAN-UP THE LAND USE DESIGNATION ON THE CITY -OWNED LOS
RIOS PARK PARCEL (ASSESSOR PARCEL NUMBERS 121-160-15, 17, 18 &
20) (APPLICANT DOUGLAS D. DUMHART, 3-D ADVISORS, LLC), AND
DETERMINE THAT NO FURTHER CEQA REVIEW IS REQUIRED;" AND
ALLOW UP TO 30 FEET IN HEIGHT IF LOCATED WITHIN 100 FEET FROM
THE WESTERLY PROPERTY LINE ADJACENT TO PASEO ADELANTO
(440.25)
Mayor Taylor recused himself due to proximity to his residence and left the
Council Chamber. Council Member Farias preceded with the meeting.
David Contreras, Principal Planner, provided a PowerPoint presentation and
responded to questions.
Mayor Pro Tem Reeve opened the public hearing.
2 9/7/2021
Public Testimony: Douglas D. Dumhart, Representing Applicant;
David Hutchin, City resident; and Dan Alquist, Applicant.
Council Member Farias closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Hart, seconded by Council Member
Bourne, and carried 3-0 with Mayor Taylor recused and Mayor Pro Tem Reeve
absent to approve the introduction and first reading of an ordinance entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING CODE AMENDMENT (CA) 21-003 TO AMEND THE LOS RIOS
SPECIFIC PLAN (SP) 78-01 TO INCREASE THE MAXIMUM ALLOWED
BUILDING HEIGHT AND CREATE NEW PERMITTED USES AND
DEFINITIONS FOR THE HISTORIC COMMERCIAL DISTRICT "ZOOMARS"
AND CLEAN-UP THE LAND USE DESIGNATION ON THE CITY -OWNED LOS
RIOS PARK PARCEL (ASSESSOR PARCEL NUMBERS 121-160-15, 17, 18 &
20) (APPLICANT: DOUGLAS D. DUMHART, 3-D ADVISORS, LLC), AND
DETERMINE THAT NO FURTHER CEQA REVIEW IS REQUIRED; and allow
up to 30 feet in height if located within 100 feet from the westerly property line
adjacent to Paseo Adelanto.
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Bourne and Farias
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Pro Tem Reeve
RECUSED: COUNCIL MEMBER: Mayor Taylor
CONSENT CALENDAR:
Council Action: Moved by Council Member Farias, seconded by Council Member Hart,
and carried 4-0 with Mayor Pro Tem Reeve absent to approve consent calendar items
E1 through E11, as recommended by staff.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF AUGUST 17, 2021
(CLOSED SESSION), APPROVED
E3. CITY COUNCIL MINUTES — REGULAR MEETING OF AUGUST 17, 2021,
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM JULY 30, 2021, TO
AUGUST 12, 2021, RECEIVED AND FILED (300.30)
E5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
JUNE 30, 2021, RECEIVED AND FILED (350.30)
3 9/7/2021
E6. CITY MANAGER AUTHORIZED TO SIGN THE ASSIGNMENT AND
ASSUMPTION AGREEMENT PERTAINING TO THE CITY'S RIGHTS, TITLE,
INTERESTS, DUTIES AND OBLIGATIONS ASSOCIATED WITH THE CITY'S
PARTICIPATION IN THE PROJECT AGREEMENTS OF THE SOUTH ORANGE
COUNTY WASTEWATER AUTHORITY, IN SUBSTANTIALLY THE FORM
PROVIDED AS ATTACHMENT 1 TO THE AGENDA REPORT (600.50)
E7. CITY MANAGER AUTHORIZED TO EXECUTE THE SOFTWARE AS A
SERVICE AGREEMENT WITH CIVIC PLUS, INC. FOR REDESIGN, HOSTING
AND SUPPORT SERVICES FOR THE CITY'S WEBSITE (600.30)
E8. CITY MANAGER AUTHORIZED TO EXECUTE THE AMENDED JOINT
AGREEMENT FOR THE OPERATION, MAINTENANCE AND FINANCIAL
MANAGEMENT OF THE ORANGE COUNTY 800 -MEGAHERTZ
COUNTYWIDE COORDINATED COMMUNICATION SYSTEM (CCCS)
(600.50)
E9. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH GRINDLINE SKATEPARKS,
INC. TO INCREASE THE CONTRACT AMOUNT BY $66,160, FOR A TOTAL
CONTRACT AMOUNT OF $194,152, FOR ADDITIONAL DESIGN SERVICES
FOR THE SAN JUAN CAPISTRANO SKATEPARK PROJECT
E10. AMENDMENT NO. 1 TO THE COOPERATIVE AGREEMENT WITH THE
ORANGE COUNTY TRANSPORTATION AUTHORITY FOR PROJECT V
COMMUNITY-BASED TRANSIT/CIRCULATORS, PROJECT NO. 18-SJCP-
CBT-3915, APPROVED (600.30)
E11. RESOLUTION NO. 21-09-07-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING A PERMANENT LOCAL HOUSING
ALLOCATION AGREEMENT WITH THE COUNTY OF ORANGE TO APPLY TO
THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR PERMANENT LOCAL HOUSING ALLOCATION (PLHA)
PLAN FUNDS" (600.50)
ADMINISTRATIVE ITEMS:
F1. CITY CLERK
a. MAYOR TAYLOR APPOINTED AS VOTING DELEGATE TO REPRESENT THE
CITY AT THE 2021 LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE; VOTING DELEGATE DIRECTED TO VOTE ON THE
LEAGUE'S POLICY RESOLUTION(S); AND CITY CLERK DIRECTED TO
COMMUNICATE THE APPOINTMENTS TO THE LEAGUE (140.20)
Maria Morris, City Clerk, provided an agenda report.
4 9/7/2021
Council Action: Moved by Council Member Farias, seconded by Council Member
Hart, and carried 4-0 with Mayor Pro Tem Reeve absent to appoint Mayor Taylor
as voting delegate to represent the City at the 2021 League of California Cities
Annual Conference; direct the voting delegate to vote on the League's Policy
Resolution(s); and direct the City Clerk to communicate the appointments to the
League.
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Bourne, Farias and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Pro Tem Reeve
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)
COUNCIL ACTION ITEMS:
11. RESOLUTION NO. 21-09-07-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO IN SUPPORT
OF THE ESTABLISHMENT OF THE GYPSUM CANYON VETERANS'
CEMETERY LOCATED IN THE CITY OF ANAHEIM" (270.10)
Mayor Taylor provided a report.
Council Action: Moved by Council Member Farias, seconded by
Council Member Bourne, and carried 4-0 with Mayor Pro Tem Reeve absent to
adopt RESOLUTION NO. 21-09-07-02 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO IN SUPPORT OF THE
ESTABLISHMENT OF THE GYPSUM CANYON VETERANS' CEMETERY
LOCATED IN THE CITY OF ANAHEIM."
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Bourne, Farias and Mayor Taylor
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Pro Tern Reeve
5 9/7/2021
CITY COUNCIL REPORTS:
• Council Member Hart read the names of colleagues/friends who were killed at the
Pentagon during the 9/11 attacks.
CITY MANAGER REPORT: Benjamin Siegel, City Manager, provided an update
regarding three upcoming massage therapy license hearings from an investigation that
arouse from the City's recently amended massage ordinance.
ADJOURNMENT:
There being no further business Mayor Taylor adjourned the meeting at
8:1 .m. to Tuesday, September 21, 2021, at 4:00 p.m. for Closed Session, and
5:D0 p m, fo the public Business Session, in the City Council Chamber.
Rtpe 11 ubmitted,
MART-WORRIS, CITY
Approved: September 21, 2021
ATTEST:
JOHN'TAYLOR, MAYOR
6 9/7/2021