21-1019_CC_Minutes_Regular MeetingMINUTES
October 19, 2021
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
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BUSINESS SESSION:
Mayor Taylor called the Regular Meeting of October 19, 2021, of the City Council of the
City of San Juan Capistrano to order at 5:40 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 AND PRESENTATIONS:
B1. Mayor introduced the following Commissioners: Geoffry Sumich, Design Review
Committee; and Steve Behmerwohld, Parks, Equestrian and Community
Services Commission.
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ORAL COMMUNICATIONS/PUBLIC COMMENTS:
• Correspondence: Joanne Marquez, City resident; and Heather Chapman,
Unidos South OC.
Steve Behmerwohld, City resident; Jorge Urquiza, City resident; Miriam Zuniga,
City resident; Juan Pablo Barragan, City resident; Heather Chapman, Unidos
South OC; Carmen Escamilla, City resident; Winona Thomason, City resident;
Christy Cornwall, Providence Mission Hospital; Laura Bauden, City resident;
Tom Gunn, City resident; Irene Kane, City resident; Jai O'Neill, City resident;
Mike McGill, City resident; Sharon McKeague, City resident;
John McKeague, City resident; Carol Tuch, City resident; Ken Recker,
City resident; Geoffry Sumich, City resident; and Angela Rohde, City resident.
PUBLIC HEARINGS:
D1. RESOLUTION NO. 21-10-19-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING
THE PUBLIC SERVICES AND UTILITIES ELEMENT OF THE GENERAL PLAN
IN CONNECTION WITH THE ANNEXATION OF THE CITY'S PUBLIC
' SANITARY SEWER SYSTEMS AND PUBLIC POTABLE AND NON -POTABLE
WATER SYSTEMS INTO THE SANTA MARGARITA WATER DISTRICT;" AND,
INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED
TITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
10/19/2021
JUAN CAPISTRANO, CALIFORNIA, AMENDING THE CITY'S MUNICIPAL
CODE TO ELIMINATE PROVISIONS PERTAINING TO DESIGN,
CONSTRUCTION, MAINTENANCE, OPERATION, AND REGULATION OF ,
PUBLIC SANITARY SEWER SYSTEMS AND PUBLIC POTABLE AND NON -
POTABLE WATER SYSTEMS, INCLUDING CODE AMENDMENT 20-006 AS
RECOMMENDED BY THE PLANNING COMMISSION, AND A
DETERMINATION THAT SAID ACTION IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT" (1040.30/1050.30)
Steve May, Project Manager, provided a PowerPoint presentation.
Mayor Taylor opened the public hearing and invited public testimony. No public
testimony was received. Mayor Taylor closed the public hearing.
Maria Morris, City Clerk read the title of the ordinance.
Council Action: Moved by Council Member Hart, seconded by Mayor Pro Tem
Reeve, and carried unanimously to adopt RESOLUTION NO.
21-10-19-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE PUBLIC SERVICES AND
UTILITIES ELEMENT OF THE GENERAL PLAN IN CONNECTION WITH THE
ANNEXATION OF THE CITY'S PUBLIC SANITARY SEWER SYSTEMS AND
PUBLIC POTABLE AND NON -POTABLE WATER SYSTEMS INTO THE
SANTA MARGARITA WATER DISTRICT;" and, approve the introduction and
first reading of an ordinance entitled "AN ORDINANCE OF THE CITY OF THE '
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE CITY'S MUNICIPAL CODE TO ELIMINATE PROVISIONS
PERTAINING TO DESIGN, CONSTRUCTION, MAINTENANCE, OPERATION,
AND REGULATION OF PUBLIC SANITARY SEWER SYSTEMS AND PUBLIC
POTABLE AND NON -POTABLE WATER SYSTEMS, INCLUDING CODE
AMENDMENT 20-006 AS RECOMMENDED BY THE PLANNING
COMMISSION, AND A DETERMINATION THAT SAID ACTION IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
D2. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED
ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING BUILDING REGULATIONS,
WELO SECTION 8-20.04 AND SOLID WASTE, TITLE 6 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE REGARDING IMPLEMENTATION OF
SB 1383 REGULATIONS;" DELETION OF SAN JUAN CAPISTRANO
MUNICIPAL CODE TITLE 6, CHAPTER 14, RELATED TO "RECYCLING
REQUIREMENTS FOR LARGE EVENTS AND LARGE VENUES," APPROVED;
AND AMENDED CITY COUNCIL POLICY NO. 126, PURCHASING POLICIES
AND PROCEDURES, TO INCORPORATE ORGANIC WASTE PRODUCT
PROCUREMENT GUIDELINES AS PRESCRIBED BY SB 1383, APPROVED
(810.10)
Tom Toman, Public Works Director, provided a PowerPoint presentation and
responded to questions.
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Mayor Taylor opened the public hearing and invited public testimony. No public
testimony was received. Mayor Taylor closed the public hearing.
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Maria Morris, City Clerk read the title of the ordinance
Council Action: Moved by Council Member Farias, seconded by Council Member
Bourne, and carried 3-2 with Council Member Hart:and Mayor Pro Tem Reeve
opposed to approve the introduction and first reading of an ordinance entitled
"AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING BUILDING REGULATIONS, WELO SECTION 8-20.04 AND SOLID
WASTE, TITLE 6 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
REGARDING IMPLEMENTATION OF SB 1383 REGULATIONS;" approve the
deletion of San Juan Capistrano Municipal Code Title 6, Chapter 14, related to
"Recycling Requirements for Large Events and Large Venues"; and, approve the
amended City Council Policy No. 126, Purchasing Policies and Procedures, to
incorporate organic waste product procurement guidelines as prescribed by
SB 1383.
ROLL CALL:
AYES: COUNCIL MEMBER: Bourne Farias and Mayor Taylor
NOES: COUNCIL MEMBER: Hart and Mayor Pro Tem Reeve
ABSENT: COUNCIL MEMBER: None
' CONSENT CALENDAR:
Council Action: Moved by Mayor Pro Tem Reeve, seconded by Council Member Hart,
and carried unanimously to approve consent calendar items E1 through E9, and E11
as recommended by staff, with Mayor Taylor abstained from consent calendar item ET
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF OCTOBER 5, 2021,
(CLOSED SESSION) APPROVED
E3. CITY COUNCIL MINUTES — REGULAR MEETING OF OCTOBER 5, 2021,
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM SEPTEMBER 10, 2021, TO
SEPTEMBER 23, 2021, RECEIVED AND FILED (300.30)
E5. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
E6. CITY MANAGER AUTHORIZED TO EXECUTE AN AMENDED AND
I RESTATED LICENSE AGREEMENT WITH FARMAKIS FARMS, LLC FOR USE
OF CITY -OWNED PROPERTY LOCATED AT 29932 CAMINO CAPISTRANO
(600.30)
10/19/2021
E7. CITY MANAGER AUTHORIZED TO EXECUTE A REIMBURSEMENT
AGREEMENT BETWEEN THE CITY, OR ITS SUCCESSORS OR ASSIGNS,
AND RIVER STREET SJC LLC, PROVIDING FOR REIMBURSEMENT FROM '
THE SEWER FUND TO RIVER STREET SJC LLC FOR A PORTION OF ITS
COSTS OF DESIGNING AND CONSTRUCTING SEWER IMPROVEMENTS
ALONG LOS RIOS STREET, AS A REQUIRED MITIGATION MEASURE OF
THE ENVIRONMENTAL IMPACT REPORT FOR THE RIVER STREET
PROJECT (600.60)
Mayor Taylor abstained due to proximity to his residence.
ROLL CALL:
AYES:
COUNCIL MEMBER: Hart, Bourne Farias, Mayor Pro Tem Reeve
NOES:
COUNCIL MEMBER: None
ABSENT:
COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Mayor Taylor
E8. RESOLUTION NO. 21-10-19-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CERTAIN
WATER RIGHTS TRANSFER AGREEMENTS BETWEEN THE CITY AND THE
SANTA MARGARITA WATER DISTRICT ("SMWD") IN CONNECTION WITH
THE TRANSFER OF THE CITY'S WATER AND WASTEWATER UTILITIES
("UTILITIES SYSTEMS") TO SMWD, AND AUTHORIZING THE CITY '
MANAGER TO TAKE CERTAIN ACTIONS TO EFFECTUATE THE TRANSFER
OF THE UTILITIES SYSTEMS (600.50)
E9. CITY MANAGER AUTHORIZED TO SIGN THE SIDE LETTER OF
AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE
SAN JUAN CAPISTRANO CLASSIFIED EMPLOYEES' ASSOCIATION (730.30)
E10. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH CITIGUARD, INC. FOR
DOWNTOWN SECURITY GUARD SERVICES, INCREASING THE NOT -TO -
EXCEED AMOUNT TO $129,000 FOR ANTICIPATED GUARD SERVICES
THROUGH THE END OF FISCAL YEAR 2021-2022; $50,000 APPROPRIATED
FROM THE PARKING MAINTENANCE FUND TO COVER THE COSTS OF
THIS AMENDMENT; AND STAFF DIRECTED TO DO A COST BENEFIT
ANALYSIS TO EXPAND THE OPERATING HOURS TO 2:30 A.M. (670.70)
Mayor Taylor recused himself due to proximity to his residence and left the
Council Chamber. Mayor Pro Tem Reeve preceded with the Meeting.
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Council Action: Moved by Council Member Hart, seconded by Council Member
Farias, and carried 4-0 with Mayor Taylor recused to authorize the City Manager
' to execute Amendment No. 2 to the Professional Services Agreement with
Citiguard, Inc. for downtown security guard services, increasing the not -to -
exceed amount to $129,000 for anticipated guard services through the end of
fiscal year 2021-2022; appropriate $50,000 from the parking maintenance fund
to coverthe costs of this amendment; and direct staff to do a cost benefit analysis
to expand the operating hours to 2:30 a.m.
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Bourne Farias, Mayor Pro Tem Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Mayor Taylor
E11. RESOLUTION NO. 21-10-19-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, FINDING THAT THE PUBLIC INTEREST AND CONVENIENCE
REQUIRE THE SALE OF CERTAIN REAL PROPERTY (CALLE ARROYO
PARCEL), DECLARING ITS INTENT TO SELL SUCH PROPERTY, AND
SETTING A HEARING DATE FOR CONSIDERATION OF PROTESTS, AND
FINDING THE SAME CATEGORICALLY EXEMPT FROM CEQA REVIEW
' (670.70)
ADMINISTRATIVE ITEMS: None.
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS: None.
CITY COUNCIL REPORTS:
Mayor Pro Tem Reeve requested that the Transportation Corridor Agencies
appointed member provide meeting updates.
CITY MANAGER REPORT: None.
10/19/2021
ADJOURNMENT:
There being no further business Mayor Taylor adjourned the meeting at '
7:11 ,Rm. to Tuesday, November 2, 2021, at 4:00 p.m. for Closed Session, and
5:00 p.h. for the public Business Session, in the City Council Chamber.
Respectfu(4ubmitted,
RRJS. CITY C
Approved: November 2, 2021
ATTEST:
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JOHN TAYLOR. MAYOR
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