21-1102_CC_Minutes_Regular MeetingMINUTES
November 2, 2021
' SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Taylor called the Regular Meeting of November 2, 2021, of the City Council of
the City of San Juan Capistrano to order at 5:15 p.m. Council Member Farias led the
Pledge of Allegiance and Mayor Taylor 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.
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: Steve Behmerwohld, Parks, Equestrian
and Community Services Commission; Matt Gaffney, Planning Commission; and
Harrison Taylor, Planning Commission.
PRESENTATIONS:
B1. NOVEMBER 18, 2021, PROCLAIMED AS "WORLD PANCREATIC CANCER
AWARENESS DAY"
ORAL COMMUNICATIONS: None.
PUBLIC HEARINGS:
E1. CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT FOR
THE SALE OF A 1.09 -ACRE CITY -OWNED PARCEL LOCATED AT CALLE
ARROYO AND RANCHO VIEJO ROAD TO R&H LAND PARTNERS, LLC
(600.30/670.70)
Matisse Reischl, Senior Management Analyst, provided a PowerPoint presentation.
Mayor Taylor opened the public hearing and invited public testimony. No public
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testimony was received. Mayor Taylor closed the public hearing.
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Council Action: Moved by Council Member Hart, seconded by Mayor Pro Tem
Reeve, and carried unanimously to authorize the City Manager to execute a
Purchase and Sale Agreement for the sale of a 1.09 -acre City -owned parcel located
at Calle Arroyo and Rancho Viejo Road to R&H Land Partners, LLC. I 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 E6, E8 through
E14, as recommended by staff, with Mayor Pro Tem Reeve opposed to consent
calendar item E10.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED,
E2. MOTION FINDING THAT CONDUCTING TELEPHONIC/VIRTUAL MEETINGS
FOR CLOSED SESSIONAND REGULAR MEETINGS AS ALLOWED PER
ASSEMBLY BILL 361, PROMOTES SOCIAL DISTACING DURING THE
COVID-19 PANDEMIC, APPROVED
E3. CITY COUNCIL MINUTES — SPECIAL MEETING OF OCTOBER 19, 2021
(CLOSED SESSION), APPROVED
E4. CITY COUNCIL MINUTES — REGULAR MEETING OF OCTOBER 19, 2021,
APPROVED
E5. CHECK REGISTERS FOR THE PERIOD FROM SEPTEMBER 24, 2021, TO t
OCTOBER 7, 2021, RECEIVED AND FILED (300.30)
E6. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
AUGUST 31, 2021, RECEIVED AND FILED (350.30)
E7. KATHY HOLMAN, RON DENMAN, AND JOE SOTO SELECTED AS THE 2021
WALL OF RECOGNITION HONOREES (210.10)
• Public Comments: Steve Behmerwohld, City resident; and Matt Gaffney,
City resident.
Council Action: Moved by Council Member Bourne, seconded by Council
Member Farias, and carried unanimously to select Kathy Holman, Ron Denman,
and Joe Soto as the 2021 Wall of Recognition Honorees.
E8. ALL POSITIONS ON THE CITIZENS' BOND OVERSIGHT AD-HOC
COMMITTEE DECLARED VACANT AS OF DECEMBER 10, 2021; AND CITY
CLERK DIRECTED TO PREPARE AND POST APPROPRIATE NOTICES TO
SOLICIT APPLICATIONS (340.20)
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E9. ORDINANCE 1092 ADOPTED ENTITLED "AN ORDINANCE 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" (1040.30/1050.30)
E10. ORDINANCE 1093 ADOPTED 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" (810.10)
ROLL CALL:
AYES:
COUNCIL MEMBER: Hart, Bourne Farias and Mayor Taylor
NOES:
COUNCIL MEMBER: Reeve
ABSENT:
COUNCIL MEMBER: None
E11. TEMPORARY STREET CLOSURES IN SUPPORT OF THE CITY -
SPONSORED ANNUAL CHRISTMAS TREE LIGHTING CELEBRATION AND
ASSOCIATED FESTIVITIES, FOR A PERIOD OF FIVE YEARS (820.80)
E12. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO.1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH CNC ENGINEERING, INC.
AND INCREASE THE COMPENSATION AMOUNT BY $219,000, BRINGING
THE TOTAL CONTRACT AMOUNT TO 264,000, FOR PREPARATION OF THE
DESIGN PLANS, SURVEY, AND CONSTRUCTION SUPPORT SERVICES
FOR THE EXPANDED CAMINO CAPISTRANO PAVEMENT REHABILITATION
PROJECT (CIP 19102) (600.30)
E13. CITY MANAGER AUTHORIZED TO EXECUTE THE PROPOSED
MAINTENANCE AGREEMENT WITH THE SOUTHERN CALIFORNIA
REGIONAL RAIL AUTHORITY REGARDING THE RANCHO CAPISTRANO
RAIL CROSSING IMPROVEMENTS (600.50)
E14. CITY MANAGER AUTHORIZED TO EXECUTE THE FIRST AMENDMENT TO
THE USE AGREEMENT WITH CAPISTRANO UNIFIED SCHOOL DISTRICT
FOR USE OF THE MULTIPURPOSE FACILITY AT MARCO FORSTER
MIDDLE SCHOOL; AND CITY MANAGER AUTHORIZED TO EXECUTE THE
SITE LICENSE AND USE AGREEMENT WITH THE VICTORY WAY AS
OPERATOR OF THE MULTIPURPOSE FACILITY AT MARCO FORSTER
MIDDLE SCHOOL, LOCATED AT 3 VIA POSITIVA (600.50)
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ADMINISTRATIVE ITEMS:
F1. FINANCE SERVICES
a. RESOLUTION NO. 21-11-02-01 ADOPTED ENTITLED "A RESOLUTION OF
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THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE FIRSTAMENDMENT TO THE ANNEXATION
AGREEMENT BETWEEN THE CITY AND THE SANTA MARGARITA WATER
DISTRICT, DETERMINING THAT SUCH ACTION IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND AUTHORIZING AND
DIRECTING THE CITY MANAGER TO TAKE CERTAIN ACTIONS TO
EFFECTUATE THE PURPOSE OF THIS RESOLUTION;" RESOLUTION NO.
21-11-02-02 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN
THE CITY AND THE SANTA MARGARITA WATER DISTRICT FOR
PURPOSES OF CONVEYING CERTAIN REAL PROPERTY, ASSETS,
INFRASTRUCTURE, CONTRACTS, LICENSES, AND ACCOUNTS USED BY
THE CITY IN THE OPERATION OF WATER AND WASTEWATER UTILITY
SYSTEMS TO THE SANTA MARGARITA WATER DISTRICT, DETERMINING
THAT SUCH ACTION IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND AUTHORIZING AND DIRECTING THE
CITY MANAGER TO TAKE CERTAIN ACTIONS TO EFFECTUATE THE
PURPOSE OF THIS RESOLUTION;" RESOLUTION NO. 21-11-02-03
ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ASSIGNMENT,
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ASSUMPTION AND AMENDMENT AGREEMENTS IN CONNECTION WITH
CERTAIN BOND OBLIGATIONS RELATED TO THE OPERATION OF CITY'S
WATER UTILITY AND AUTHORIZING AND DIRECTING CERTAIN RELATED
ACTIONS IN CONNECTION WITH THE TRANSFER OF THAT UTILITY
SYSTEM TO THE SANTA MARGARITA WATER DISTRICT, DETERMINING
THAT SUCH ACTION IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITYACT, AND AUTHORIZING AND DIRECTING THE
CITY MANAGER TO TAKE CERTAIN ACTIONS TO EFFECTUATE THE
PURPOSE OF THIS RESOLUTION;" CITY MANAGER AUTHORIZED TO
EXECUTE SAID AGREEMENTS, IN SUBSTANTIALLY THE FORM PROVIDED
AS ATTACHMENTS 1, 2, AND 3 OF THE AGENDA REPORT, AND TAKE ALL
OTHER ACTIONS NECESSARY OR PROPER TO EFFECTUATE THE
ANNEXATION IN A TIMELY MANNER, CONSISTENT WITH PRIOR COUNCIL
APPROVALS, THE ANNEXATION AGREEMENT, AND ORANGE COUNTY
LOCAL AREA FORMATION COMMISSION (LAFCO) RESOLUTION DA 20-01;
RESOLUTION NO. 21-11-02-04 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING RESOLUTION 21-06-01-08, THE CITY'S
CLASSIFICATION AND COMPENSATION PLANS;" FISCAL YEAR 2021-22
GENERAL FUND BUDGETED EXPENDITURES INCREASED BY $77,000 FOR
PERSONNEL COSTS ASSOCIATED WITH CITY RETENTION OF
RESPONSIBILITY FOR STORMWATER MANAGEMENT AND CUSTOMER
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SERVICE, AND YEAR 2021-22 GENERAL FUND BUDGETED REVENUES
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(PROPERTY TAX REVENUE) INCREASED BY $77,000 TO ACCOUNT FOR
PROPERTY TAX REVENUES RETAINED TO FUND THIS INCREASE IN
BUDGETED EXPENDITURES; AND FISCAL YEAR 2021-22 FORFEITED
CONSTRUCTION AND DEMOLITION FUND BUDGETED EXPENDITURES
INCREASED BY $122,000 FOR PERSONNEL COSTS ASSOCIATED
WITH THE ENVIRONMENTAL PROGRAMS ANALYST CLASSIFICATION
THAT WAS APPROVED BY CITY COUNCIL ON JUNE 1, 2021
(620.20/600.50/1050.10)
Ken AI -Imam, Chief Financial Officer, provided a PowerPoint presentation and
responded to questions. Benjamin Siegel, City Manager, responded to
questions.
5 11/02/2021
Council Action: Moved by Mayor Pro Tem Reeve, seconded by Council Member
Bourne, and carried unanimously to adopt RESOLUTION NO. 21-11-02-01
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE
ANNEXATION AGREEMENT BETWEEN THE CITY AND THE SANTA
MARGARITA WATER DISTRICT, DETERMINING THAT SUCH ACTION IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE CERTAIN
ACTIONS TO EFFECTUATE THE PURPOSE OF THIS RESOLUTION;" adopt
RESOLUTION NO. 21-11-02-02 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
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APPROVING THE BILL OF SALE, ASSIGNMENT AND ASSUMPTION
AGREEMENT BETWEEN THE CITY AND THE SANTA MARGARITA WATER
DISTRICT FOR PURPOSES OF CONVEYING CERTAIN REAL PROPERTY,
ASSETS, INFRASTRUCTURE, CONTRACTS, LICENSES, AND ACCOUNTS
USED BY THE CITY IN THE OPERATION OF WATER AND WASTEWATER
UTILITY SYSTEMS TO THE SANTA MARGARITA WATER DISTRICT,
DETERMINING THAT SUCH ACTION IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND AUTHORIZING AND DIRECTING THE
CITY MANAGER TO TAKE CERTAIN ACTIONS TO EFFECTUATE THE
PURPOSE OF THIS RESOLUTION;" RESOLUTION NO. 21-11-02-03 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING ASSIGNMENT, ASSUMPTION
AND AMENDMENT AGREEMENTS IN CONNECTION WITH CERTAIN BOND
OBLIGATIONS RELATED TO THE OPERATION OF CITY'S WATER UTILITY
AND AUTHORIZING AND DIRECTING CERTAIN RELATED ACTIONS IN
CONNECTION WITH THE TRANSFER OF THAT UTILITY SYSTEM TO THE
SANTA MARGARITA WATER DISTRICT, DETERMINING THAT SUCH
ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE
CERTAIN ACTIONS TO EFFECTUATE THE PURPOSE OF THIS
RESOLUTION;" City Manager authorized to execute said agreements, in
substantially the form provided as Attachments 1, 2, and 3 of the agenda report,
and take all other actions necessary or proper to effectuate the annexation in a
timely manner, consistent with prior Council approvals, the Annexation
Agreement, and Orange County Local Area Formation Commission (LAFCO)
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Resolution DA 20-01; RESOLUTION NO. 21-11-02-04 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING RESOLUTION 21-06-01-08, THE CITY'S
CLASSIFICATION AND COMPENSATION PLANS;" increase Fiscal Year 2021-
22 General Fund budgeted 'expenditures by $77,000 for personnel costs
associated with City retention of responsibility for stormwater management and
customer service, and increase Fiscal Year 2021-22 General Fund budgeted
revenues (property tax revenue) by $77,000 to account for property tax revenues
retained to fund this increase in budgeted expenditures; and increase Fiscal Year
2021-22 Forfeited Construction and Demolition Fund budgeted expenditures by
$122,000 for personnel costs associated with the Environmental Programs
Analyst classification that was approved by City Council on June 1, 2021.
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. STAFF TO INCLUDE CONVERTING ONE OF THE TWO CAMINO
CAPISTRANO TENNIS COURTS TO MULTIPLE PICKLEBALL COURTS AS
PART OF THE UPCOMING CAPITAL PROJECT TO ADD PICKLEBALL
COURTS AT COOK LA NOVIA PARK (920.40) '
Council Member Hart provided a report. Benjamin Siegel, City Manager,
responded to questions
Public Comment: Harrison Taylor, Open Space Foundation.
Council Action: Moved by Council Member Hart, seconded by Council Member
Bourne, and carried unanimously to direct staff to include converting one of the
two Camino Capistrano tennis courts to multiple pickleball courts as part of the
upcoming capital project to add pickleball courts at Cook La Novia Park.
12. PROPOSED POLICY TO ALLOW PRIVATELY FUNDED ART IN PUBLIC
PLACES (920.40) — NO ACTION TAKEN
Council Member Hart provided a report. Benjamin Siegel, City Manager,
responded to questions.
Public Comment: Heidi Langefeld-Ininns; Art Guevara, Lake Forest
resident; Frank Larkin, City resident; Anonymous person;
Andrew Hoffman, City resident; Rich Heimann, The Alliance for San Juan
Art; and Morgan Ininns, City resident.
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CITY COUNCIL REPORTS: None.
CITY MANAGER REPORT: None.
ADJOURNMENT:
There being no further business Mayor Taylor adjourned the meeting at
6:41 p. . 4o �uesday, December 7, 2021, at 4:00 p.m. for Closed Session, and
5:00 p. 1 t e public Business Session, in the City Council Chamber.
bmitted,
MARIA MORRIS. CITY C
Approved: December 7, 2021
DEREK REEVE, MAYOR
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