23-1205_CC_Minutes_Regular Meeting1 12/5/2023
MINUTES
December 5, 2023
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Hart called the Regular meeting of December 5, 2023, of the City Council of the
City of San Juan Capistrano to order at 5:05 p.m. Council Member Bourne led the
Pledge of Allegiance and Mayor Hart gave the Invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Howard Hart, Mayor Pro Tem Sergio Farias,
and Council Members Troy Bourne, John Taylor, and John Campbell.
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 AND PRESENTATIONS:
B1. COMMISSIONER INTRODUCTION – MAYOR PRO TEM FARIAS
INTRODUCED: Ted Rosenfeld, Tami Wilhelm, and Stan Braden, Planning
Commission; Yaritza Vidal, Jocelyn De La Rosa and Jerry Muir, Youth Advisory
Board; Gila Jones, Capistrano Unified School District Trustee; and Laura Freese
and Sandra Jacob, Santa Margarita Water District.
B2. MAYOR’S AWARDS PRESENTED TO: WHITNEY TREJO, AMBUEHL
ELEMENTARY SCHOOL – EDUCATOR OF THE YEAR; JULIE BEEMAN –
BUSINESS LEADER OF THE YEAR; AND DR. JULIE RYAN-JOHNSON –
NON-PROFIT ORGANIZATION OF THE YEAR
JOINT CITY COUNCIL, HOUSING AUTHORITY AND SUCCESSOR AGENCY
REORGANIZATION:
C1. PUBLIC COMMENTS REGARDING AGENDA ITEMS C-2 THROUGH C-7:
None.
C2. OUTGOING MAYOR HOWARD HART RECOGNIZED FOR HIS SERVICE AND
CONTRIBUTION AS SAN JUAN CAPISTRANO MAYOR
C3. REMARKS PROVIDED BY OUTGOING MAYOR HOWARD HART
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C4. SERGIO FARIAS SELECTED TO SERVE AS MAYOR AND TROY BOURNE
SELECTED TO SERVE AS MAYOR PRO TEM OF THE CITY OF SAN JUAN
CAPISTRANO CITY COUNCIL, TERMS ENDING DECEMBER 3, 2024 (630.20)
Maria Morris, City Clerk, called for nominations for the office of Mayor.
Council Action: Moved by Mayor Hart, seconded by Council Member Taylor, and
carried unanimously to select Sergio Farias as Mayor with term ending
December 3, 2024.
Maria Morris, City Clerk, called for nominations for the office of
Mayor Pro Tem.
Council Action: Moved by Council Member Taylor, seconded by
Council Member Campbell, and carried unanimously to select Troy Bourne as
Mayor Pro Tem, term ending December 3, 2024.
C5. JOHN CAMPBELL SELECTED TO SERVE AS CHAIR AND JOHN TAYLOR
SELECTED TO SERVE AS VICE-CHAIR OF THE CITY OF SAN JUAN
CAPISTRANO HOUSING AUTHORITY, TERMS ENDING DECEMBER 3, 2024
(435.10)
Maria Morris, Commission Secretary, called for nominations for Chair.
Commission Action: Moved by Vice-Chair Taylor, seconded by
Commissioner Farias, and carried unanimously to select John Campbell as
Chair, term ending December 3, 2024.
Maria Morris, Commission Secretary, called for nominations for Vice-Chair.
Commission Action: Moved by Chair Campbell, seconded by
Commissioner Hart, and carried unanimously to select John Taylor as
Vice-Chair, term ending December 3, 2024.
C6. HOWARD HART SELECTED TO SERVE AS CHAIR AND JOHN TAYLOR
SELECTED TO SERVE AS VICE-CHAIR OF THE SUCCESSOR AGENCY TO
THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY,
TERMS ENDING DECEMBER 3, 2024 (435.10)
Maria Morris, Agency Secretary, called for nominations for Chair.
Board Action: Moved by Board Member Campbell, seconded by Board Member
Farias, and carried unanimously to select Howard Hart as Chair, and John Taylor
as Vice-Chair with terms ending December 3, 2024.
C7. REMARKS PROVIDED BY NEWLY APPOINTED MAYOR PRO TEM
BOURNE AND MAYOR FARIAS.
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ORAL COMMUNICATIONS:
• Yaritza Vidal and Jocelyn De La Rosa, Youth Advisory Board; and
Miriam Zuniga, Community Leader Coalition.
PUBLIC HEARINGS: None.
CONSENT CALENDAR:
Council Action: Moved by Mayor Farias, seconded by Council Member Taylor, and
carried unanimously to approve consent calendar items F1 through F14 and F16
through F18, as recommended by staff with Council Member Taylor abstaining from
consent calendar F14.
F1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
F2. CITY COUNCIL MINUTES – SPECIAL MEETING (EXECUTIVE SESSION) OF
NOVEMBER 7, 2023, APPROVED
F3. CITY COUNCIL MINUTES – REGULAR MEETING OF NOVEMBER 7, 2023,
APPROVED
F4. CHECK REGISTERS FOR PERIOD FROM OCTOBER 6, 2023, TO
NOVEMBER 2, 2023, RECEIVED AND FILED (300.50)
F5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
SEPTEMBER 30, 2023, RECEIVED AND FILED (350.30)
F6. ANNUAL FINANCIAL REPORT OF DEVELOPMENT IMPACT FEES
PURSUANT TO GOVERNMENT CODE SECTION 66006 (AB 1600) FOR THE
FISCAL YEAR ENDED JUNE 30, 2023, RECEIVED AND FILED (420.20)
F7. RESOLUTION NO. 23-12-05-01 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA CONCERNING THE MEASURE M2 EXPENDITURE REPORT
FOR THE CITY OF SAN JUAN CAPISTRANO FOR THE FISCAL YEAR ENDED
JUNE 30, 2023” (820.25)
F8. RESOLUTION NO. 23-12-05-02 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DELEGATING TO THE CITY TREASURER/CHIEF FINANCIAL
OFFICER AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR
REINVEST CITY FUNDS, AUTHORIZING SIGNATURES AND REPEALING
RESOLUTION NO. 22-12-13-01” (320.10)
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F9. CITY MANAGER AUTHORIZED TO PURCHASE A THREE-YEAR LICENSE
FOR THE DATTO UNLIMITED CLOUD-BASED BACK-UP STORAGE
SOLUTION FOR THE PROTECTION OF CITY DATA FOR A TOTAL COST OF
$69,000; AND COMPETITIVE BIDDING PROCESS WAIVED FOR THIS
PURCHASE PURSUANT TO MUNICIPAL CODE SECTION 3-4.310(E) (600.30)
F10. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE
PROFESSIONAL SERVICES AGREEMENT (“AGREEMENT”) WITH INFINITY
TECHNOLOGIES (“INFINITY”) FOR SPECIAL PROJECTS ASSOCIATED
WITH THE NEW CITY HALL AND COUNCIL CHAMBER PROJECTS (600.30)
F11. NEW DEVELOPMENT STATUS REPORT, RECEIVED AND FILED (440.10)
F12. RESOLUTION NO. 23-12-05-03 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, EXTENDING THE DEADLINE TO ESTABLISH AN ONLINE
PERMITTING SYSTEM FOR POST-ENTITLEMENT PHASE PERMITS UNDER
CALIFORNIA GOVERNMENT CODE SECTION 65913.3.5 (AB 2234)” (660.40)
F13. CITY MANAGER AUTHORIZED TO EXECUTE A FUNDING AGREEMENT
WITH THE SAN JUAN CAPISTRANO CHAMBER OF COMMERCE FOR
VISITOR INFORMATION SERVICES AND ECONOMIC DEVELOPMENT
PROGRAMS EFFECTIVE JANUARY 1, 2024, THROUGH DECEMBER 31,
2028 (600.30)
F14. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE
LICENSE AGREEMENT WITH WHITTIER AND SORENSEN LLC FOR THE
IMPROVEMENT AND MAINTENANCE OF VEHICULAR GATES ASSOCIATED
WITH THE RIVER STREET MARKETPLACE PROJECT LOCATED ON PUBLIC
RIGHT-OF-WAY ON LOS RIOS STREET; CITY CLERK DIRECTED TO
RECORD THE PROPOSED AMENDMENT NO. 1 TO THE LICENSE
AGREEMENT WITH THE COUNTY OF ORANGE; AND, RECOMMENDED
ACTION FOUND CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA
GUIDELINES, SECTION 15303 (600.30)
Council Member Taylor abstained because his son rents property from him and
works for the lessee.
ROLL CALL:
AYES: COUNCIL MEMBER: Bourne, Campbell, Hart, and Mayor Farias
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABASTAINED: COUNCIL MEMBER: Taylor
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F15. FINAL PARCEL MAP NO. 2020-155 – FAIRMONT SCHOOLS (APPLICANT:
J7-SJC LLC A DELAWARE LLC) AS IT CONFORMS TO THE REQUIREMENTS
SET FORTH IN THE SUBDIVISION MAP ACT, APPROVED; CITY ENGINEER
AND THE CITY CLERK AUTHORIZED TO EXECUTE THE FINAL PARCEL
MAP NO. 2020-155; CITY CLERK AND CITY ENGINEER DIRECTED TO
FORWARD THE FINAL PARCEL MAP NO. 2020-155 TO THE COUNTY
RECORDER’S OFFICE; AND, RECOMMENDED ACTION FOUND
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO SECTION 15315, MINOR LAND
DIVISIONS (420.40)
Tom Toman, Public Works Director, and Joel Rojas, Development Services
Director, responded to questions.
Council Action: Moved by Mayor Farias, seconded by Council Member Taylor,
and carried unanimously to approve Final Parcel Map No. 2020-155 – Fairmont
Schools (Applicant: J7-SJC LLC a Delaware LLC) as it conforms to the
requirements set forth in the Subdivision Map Act; authorize City Engineer and
the City Clerk to execute the Final Parcel Map No. 2020-155; direct the City Clerk
and City Engineer to forward the Final Parcel Map No. 2020-155 to the County
Recorder’s office; and find that recommended action is categorically exempt from
the California Environmental Quality Act (CEQA) pursuant to Section 15315,
Minor Land Divisions.
F16. CITY MANAGER AUTHORIZED TO EXECUTE EASEMENTS,
SUBSTANTIALLY IN THE FORMS ATTACHED, AS WELL AS ANY FUTURE
EASEMENT-RELATED AGREEMENTS OR APPROVALS NECESSARY TO
EFFECTUATE THE EASEMENTS, FOR UTILITY AND ACCESS PURPOSES
FROM THE CITY OF SAN JUAN CAPISTRANO TO SANTA MARGARITA
WATER DISTRICT; FROM THE CITY TO MOULTON NIGUEL WATER
DISTRICT; FROM THE CITY TO SAN DIEGO GAS AND ELECTRIC; AND,
FROM JAMBOREE HOUSING CORPORATION TO THE CITY; AND,
CONVEYANCE OF SAID EASEMENTS FOUND EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
STATE CEQA GUIDELINES SECTION 65583.2(H) AND (I) (670.70)
F17. RESOLUTION NO. 23-12-05-04 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING THE SECOND ADDENDUM TO THE CERTIFIED EIR
FOR THE RANCHO SAN JUAN RESIDENTIAL PROJECT (SCH# 1998-031150)
(WOODBRIDGE PACIFIC GROUP);” FINAL PARCEL MAP NO. 2021-157,
APPROVED; CITY ENGINEER AND CITY CLERK AUTHORIZED TO
EXECUTE THE FINAL PARCEL MAP NO. 2021-157; AND, CITY ENGINEER
AND CITY CLERK AUTHORIZED TO FORWARD THE FINAL PARCEL MAP
NO. 2021-157 TO THE COUNTY RECORDER’S OFFICE (420.40)
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F18. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH LAZ PARKING LLC,
EXTENDING THE TERM OF THE AGREEMENT FOR ONE ADDITIONAL
YEAR, THROUGH JUNE 30, 2024, TO OPERATE THE CITY’S GRANT-
FUNDED SUMMER WEEKEND AND SPECIAL EVENT TROLLEY SERVICE
(600.30)
ADMINISTRATIVE ITEMS:
G1. CITY CLERK
a. MEMBERS APPOINTED TO SERVE AS REPRESENTATIVES TO VARIOUS
OUTSIDE AGENCIES THROUGH DECEMBER 2024 (OR SPECIFIC TERM
WHERE NOTED); RESOLUTION 23-12-05-05 ADOPTED DESIGNATING A
REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY’S BOARD
OF DIRECTORS; AND CITY CLERK DIRECTED TO UPDATE AND POST THE
FAIR POLITICAL PRACTICES COMMISSION (FPPC) FORM 806 ON THE
CITY’S WEBSITE (610.60)
Maria Morris, City Clerk, provided an agenda report.
Council Action: Moved by Council Member Taylor, seconded by Council Member
Campbell, and carried unanimously to appoint Members and Alternates as listed
below, term ending December 2024; and adopt RESOLUTION NO. 23-12-05-06
entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DESIGNATING A REPRESENTATIVE TO THE
ORANGE COUNTY FIRE AUTHORITY’S BOARD OF DIRECTORS.”
California Joint Powers Insurance Authority
Howard Hart, Member
John Taylor, Alternate
League of Cities – Orange County Division
John Taylor, Member
Troy Bourne, Alternate
Southern California Association of Governments (SCAG)
John Campbell, Member
Troy Bourne, Alternate
Orange County Fire Authority (OCFA)
Troy Bourne, Member
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Orange County Library Advisory Board
John Campbell, Member
Howard Hart, Alternate
Vector Control (Two-Year Term, December 2024) - NO ACTION TAKEN
John Taylor, Member
Transportation Corridors Agencies (Foothill/Eastern & San Joaquin Hills)
John Taylor, Member
Howard Hart, Alternate
South Orange County Watershed Management Area (SOCWMA)
Howard Hart, Member
John Campbell, Alternate
SONGS Decommissioning Community Engagement Panel
John Taylor, Member
SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Housing Authority
Minutes)
SAN JUAN CAPISTRANO SUCCESSOR AGENCY (Refer to Successor Agency
Authority Minutes)
COUNCIL ACTION ITEMS:
J1. ASSEMBLY CONSTITUTIONAL AMENDMENT 1 – LOCAL GOVERNMENT
FINANCING: AFFORDABLE HOUSING AND PUBLIC INFRASTRUCTURE:
VOTER APPROVAL (660.40)
Council Member Hart provided a report.
• Public Comments: Miriam Zuniga, Community Leader Coalition (spoke
under Oral Communications).
Council Action: Moved by Council Member Taylor, seconded by Council Member
Campbell, and carried 3-1-1 with Mayor Farias opposed and Mayor Pro Tem
Bourne abstained to direct staff to send a letter of opposition to the California
Secretary of State regarding ACA-1 – Affordable Housing and Public
Infrastructure.
CITY COUNCIL REPORTS:
• Council Member Taylor, Council Member Campbell and Mayor Farias
thanked staff for an outstanding Tree Lighting Ceremony.
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CITY MANAGER REPORT: Benjamin Siegel, City Manager, thanked the staff for all
the work at the Tree Lighting Ceremony and the holiday festivities at the Council
Chamber for tonight’s meeting.
ADJOURNMENT:
There being no further business Mayor Hart adjourned the meeting at
6:22 p.m. to Tuesday, January 16, 2024, at 3:00 p.m. for an Executive Session, and
5:00 p.m. for the public Business Session, in the City Council Chamber at the Nydegger
Building – 31421 La Matanza Street.
Respectfully submitted,
___________________________
MARIA MORRIS, CITY CLERK
Approved: January 16, 2024
ATTEST:
___________________________
SERGIO FARIAS, MAYOR