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24-0116_CC_Minutes_Regular Meeting1 1/16/2024 MINUTES January 16, 2024 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Farias called the Regular meeting of January 16, 2024, of the City Council of the City of San Juan Capistrano to order at 5:20 p.m. Council Member Taylor led the Pledge of Allegiance and Council Member Campbell gave the invocation. ROLL CALL: COUNCIL MEMBERS PRESENT: Mayor Sergio Farias, Mayor Pro Tem Troy Bourne, and Council Members Howard Hart, 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. MEETING DEDICATION: This meeting was dedicated in memory of Gil Jones, longtime resident and business owner, U.S. Navy Corpsman, and former City Council Member and Mayor of San Juan Capistrano. INTRODUCTIONS: B1. COMMISSIONER INTRODUCTION – MAYOR PRO TEM BOURNE INTRODUCED: Ted Rosenfeldt, Planning Commission; Cody Martin, Parks, Equestrian and Community Services Commission; and Youth Advisory Board Members. B2. OCTA PROVIDED A PRESENTATION REGARDING SAN JUAN CREEK BRIDGE REPLACEMENT PROJECT • Correspondence: Larry Kramer, City resident. • Public Comments: Steve Behmerwohld, City resident. ORAL COMMUNICATIONS: Frank Larkin, City resident. PUBLIC HEARINGS: D1. RESOLUTION NO. 24-01-16-01 ADOPTED ENTITLED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE # 2021110267) FOR THE SAN JUAN CAPISTRANO SKATEPARK AND TRAIL PROJECT; ADOPTING ENVIRONMENTAL FINDINGS, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND APPROVING THE SAN JUAN CAPISTRANO SKATEPARK AND TRAIL PROJECT (CIP 21201) 2 1/16/2024 (ASSESSOR PARCEL NUMBER: 121-190-57);” INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED ENTITLED “AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE KINOSHITA FARM SPECIFIC PLAN (SP-85-01) THROUGH CODE AMENDMENT (CA 22-007) TO ALLOW A PUBLIC SKATEPARK AND TRAIL AS PERMITTED USES AND RELATED CLEAN-UP AMENDMENTS AND REZONING FROM AGRICULTURE/SPECIFIC PLAN TO SPECIFIC PLAN THROUGH REZONE (RZ 22-005);” PLANS AND SPECIFICATIONS APPROVED FOR THE SAN JUAN CAPISTRANO SKATEPARK AND TRAIL PROJECT (CIP 21201) AND STAFF AUTHORIZED TO ADVERTISE AND RECEIVE CONSTRUCTION BIDS FOR THE PROJECT; AND CITY MANAGER AUTHORIZED TO AMEND THE EXISTING FLOCK SAFETY AGREEMENT FOR INSTALLATION OF A SECURITY CAMERA AT THE SKATEPARK; AND $8,000 APPROPRIATED FROM THE GENERAL FUND TO FUND THE INSTALLATION OF THE CAMERA (920.40) • Public Correspondence: Carolyn Nash, Preserve Our Farm SJC. Matisse Reischl, Assistant City Manager, provided a PowerPoint presentation and responded to questions. Mayor Farias opened the public hearing. • Public Testimony: Eric Gross, Great Opportunities; Jim Gilbert, San Clemente City resident; Cody Martin, City resident; Sofia Zuniga, City resident; Daniel Vantal, Dana Point resident; Brandon Phillips, Dana Point resident; Kingston Nash, City resident; Bonnie Foster City resident. • The following individuals did not wish to speak, but wished to register their support for the record: Jose Alarcon, Lagina Niguel resident; Lidia Muniz, City resident; Madelyn Wapner, City resident; Gerald Muir, City resident; Diego Gonzalez, City resident; Yarikza Vidal, City resident; Paola Barrera, City resident; Gil Leon, Laguna Niguel resident; Stella Gutan, City resident; Gage Schroder, City resident; Liam Gottron, City resident; Daniela Pereyra, City resident; and Heather Chapman, City resident. Mayor Farias 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 Bourne, and carried unanimously to Adopt a RESOLUTION NO. 24-01-16-01 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE # 2021110267) FOR THE SAN JUAN CAPISTRANO SKATEPARK AND TRAIL PROJECT; ADOPTING ENVIRONMENTAL FINDINGS, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING 3 1/16/2024 PROGRAM FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND APPROVING THE SAN JUAN CAPISTRANO SKATEPARK AND TRAIL PROJECT (CIP 21201) (ASSESSOR PARCEL NUMBER: 121-190-57);” approve the introduction and first reading of an ordinance entitled “AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE KINOSHITA FARM SPECIFIC PLAN (SP-85-01) THROUGH CODE AMENDMENT (CA 22-007) TO ALLOW A PUBLIC SKATEPARK AND TRAIL AS PERMITTED USES AND RELATED CLEAN-UP AMENDMENTS AND REZONING FROM AGRICULTURE/SPECIFIC PLAN TO SPECIFIC PLAN THROUGH REZONE (RZ 22-005);” approve plans and specifications for the San Juan Capistrano Skatepark and Trail Project (CIP 21201) and authorize staff to advertise and receive construction bids for the project; and authorize the City Manager to amend the existing Flock Safety Agreement for installation of a security camera at the skatepark; and appropriate $8,000 from the General Fund to fund the installation of the camera. CONSENT CALENDAR: Council Action: Moved by Council Member Campbell, seconded by Council Member Taylor, and carried unanimously to approve consent calendar items E1 through E8, E10, E11, E12, and E14, E15 and E16, as recommended by staff. E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. E2. CITY COUNCIL MINUTES – SPECIAL MEETING (EXECUTIVE SESSION) OF DECEMBER 5, 2023, APPROVED E3. CITY COUNCIL MINUTES – REGULAR MEETING OF DECEMBER 5, 2023, APPROVED E4. CHECK REGISTERS FOR THE PERIOD FROM NOVEMBER 3, 2023, THROUGH NOVEMBER 30, 2023, RECEIVED AND FILED (300.30) E5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED OCTOBER 31, 2023, RECEIVED AND FILED (330.50) E6. FISCAL YEAR 2023-24 GENERAL FUND APPROPRIATIONS INCREASED BY $45,000 TO COVER THE COST OF A LIMITED-TERM POSITION TO ASSIST WITH IMPLEMENTATION OF THE CITY’S NEW HUMAN RESOURCES/PAYROLL SYSTEM (330.10) E7. RESOLUTION NO. 24-01-16-02 ADOPTED ENTITLED ‘A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, ADJUSTING THE COST OF LIVING CHANGES RELATED TO THE CITY’S CAMPAIGN CONTRIBUTION LIMITS; AND, RESCINDING RESOLUTION 22-01-18-01” (320.10) 4 1/16/2024 E8. CITY COUNCIL REGULAR MEETING SCHEDULE REVISED BY CANCELLING THE CITY COUNCIL MEETINGS OF JULY 2, 2024, NOVEMBER 19, 2024, DECEMBER 17, 2024, AND JANUARY 7, 2025; AND RESCHEDULE THE CITY COUNCIL MEETING OF MARCH 5, 2024, TO TUESDAY, MARCH 12, 2024; AND, RESCHEDULE THE CITY COUNCIL MEETING OF NOVEMBER 5, 2024, TO TUESDAY, NOVEMBER 12, 2024; AND, RESCHEDULE THE CITY COUNCIL MEETING OF DECEMBER 3, 2024, TO TUESDAY, DECEMBER 10, 2024 (610.15) E9. NEW DEVELOPMENT STATUS REPORT, RECEIVED AND REVISED (440.10) • Public Comment: Steve Behmerwohld, City resident. Council Action: Moved by Council Member Taylor, seconded by Council Member Hart, and carried unanimously to receive and file the new development status report. E10. 2021-2023 HISTORIC DEPICTION PROGRAM REPORT, RECEIVED AND FILED (910.50) E11. CITY MANAGER OUTHORIED TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MARK THOMAS & COMPANY TO PERFORM ENGINEERING SERVICES FOR THE LA NOVIA AVENUE BRIDGE WIDENING PROJECT (CIP 24106), AT A COST OF $74,776 PLUS A 10% CONTINGENCY, FOR A TOTAL AMOUNT OF $82,254 (600.30) E12. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT WITH ROSE PAVING, LLC FOR ASPHALT, CRACK SEAL AND SEAL COAT MAINTENANCE AND REPAIR SERVICES FOR A ONE-YEAR PERIOD BEGINNING FEBRUARY 1, 2024, AND ENDING JANUARY 31, 2025 (600.30) E13. UPDATED FINAL PARCEL MAP NO. 2021-157, APPROVED; CITY ENGINEER AND CITY CLERK AUTHORIZED TO EXECUTE THE UPDATED FINAL PARCEL MAP NO. 2021-157; AND CITY ENGINEER AND CITY CLERK DIRECTED TO FORWARD THE UPDATED FINAL PARCEL MAP NO. 2021- 157 TO THE COUNTY RECORDER’S OFFICE (420.40) • Public Correspondence: George Winckel, City resident. Tom Toman, Public Works Director, and Benjamin Siegel, City Manager, responded to questions. Council Action: Moved by Council Member Campbell, seconded by Council Member Hart, and carried unanimously to approve the updated Final Parcel Map No. 2021-157; authorize the City Engineer and the City Clerk to execute the updated Final Parcel Map No. 2021-157; and direct the City Engineer and City Clerk to forward the updated Final Parcel Map No. 2021-157 to the County Recorder’s office. 5 1/16/2024 E14. CITY MANAGER AUTHORIZED TO EXECUTE, SUBSTANTIALLY IN THE FORM ATTACHED, A PUBLIC IMPROVEMENT REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND GANAHL LUMBER COMPANY; AND DETERMINATION MADE THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED FOR THE CITY MANAGER TO EXECUTE THE PUBLIC IMPROVEMENT REIMBURSEMENT AGREEMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND STATE CEQA GUIDELINES SECTION 15162 (600.30) E15. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WSP, INC. FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE ARIZONA CROSSING REMOVAL AND STREAM BANK RESTORATION PROJECTS TO INCREASE THE COMPENSATION AMOUNT BY $89,986, BRINGING THE TOTAL CONTRACT AMOUNT TO $268,190; AND CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO.1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ECORP FOR ENVIRONMENTAL SUPPORT SERVICES TO INCREASE THE COMPENSATION AMOUNT BY $45,620, BRINGING THE TOTAL CONTRACT AMOUNT TO $245,620 (600.30) E16. AWARD OF A LIGHTING INSTALLATION CONTRACT FOR THE SPORTS FIELD LIGHTING RETROFIT PROJECT (CIP 24204) AWARDED TO THE LOWEST RESPONSIBLE BIDDER, SACTOWN CONTRACTORS CORP, INC. IN THE AMOUNT OF $132,689, AND CITY MANAGER AUTHORIZED TO EXECUTE THE CONTRACT AND APPROVE CHANGE ORDERS, FOR A TOTAL CONSTRUCTION CONTINGENCY NOT TO EXCEED $172,500; AND PROPOSED ACTION FOUND CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES, SECTION 15301 (600.30) ADMINISTRATIVE ITEMS: F1a. RESOLUTION NO. 24-01-16-03 adopted entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING THE SUBMITTAL OF THE EXPANDED SUMMER WEEKEND AND SPECIAL EVENT TROLLEY SERVICE APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE PROJECT V COMMUNITY-BASED TRANSIT/CIRCULATORS PROGRAM;” AND IF AWARDED, CITY MANAGER AUTHORIZED TO MODIFY THE BUDGET AS APPROPRIATE, INCORPORATING GRANT EXPENDITURES AND REVENUES AND CITY MATCHING REQUIREMENTS IN THE FISCAL YEAR 2024-2025 BUDGET (820.25) • Public Correspondence: Larry Kramer, City resident. Tom Toman, Public Works Director, provided a PowerPoint presentation and responded to questions. 6 1/16/2024 Council Action: Moved by Council Member Hart, seconded by Mayor Pro Tem Bourne, and carried unanimously to adopt RESOLUTION NO. 24-01-16-03 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING THE SUBMITTAL OF THE EXPANDED SUMMER WEEKEND AND SPECIAL EVENT TROLLEY SERVICE APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE PROJECT V COMMUNITY-BASED TRANSIT/CIRCULATORS PROGRAM;” and if awarded, authorize the City Manager to modify the budget as appropriate, incorporating grant expenditures and revenues and City matching requirements in the Fiscal Year 2024-2025 budget. F2a. CODE AMENDMENT (CA) 24-001 INITIATED TO AMEND SECTION 9-3.501.1 (ACCESSORY DWELLING UNITS) OF THE CITY’S LAND USE CODE TO MAKE THE CITY’S REGULATIONS THAT GOVERN ACCESSORY DWELLING UNITS CONSISTENT WITH STATE REGULATIONS; AND SAID ACTION IS FOUND STATUTORILY EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO PUBLIC RESOURCES SECTION 21080.17 (STATUTORY EXEMPTION FOR ORDINANCES RELATED TO ACCESSORY DWELLING UNITS) (420.25) Joel Rojas, Development Services Manager, provided a PowerPoint presentation and responded to questions. Council Action: Moved by Council Member Taylor, seconded by Council Member Hart, and carried unanimously to initiate Code Amendment (CA) 24-001 to amend Section 9-3.501.1 (Accessory Dwelling Units) of the City’s Land Use Code to make the City’s regulations that govern Accessory Dwelling Units consistent with state regulations; and find that said action is statutorily exempt from review under the California Environmental Quality Act pursuant to Public Resources section 21080.17 (statutory exemption for ordinances related to Accessory Dwelling Units). SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) COUNCIL ACTION ITEMS: None. CITY COUNCIL REPORTS: Mayor Farias announced attending Supervisor Katrina Foley’s New Coats Drive for Kids. CITY MANAGER REPORT: Benjamin Siegel, City Manager, provided an update on the construction of the new City Hall and City Council Chamber. 7 1/16/2024 ADJOURNMENT: There being no further business Mayor Farias adjourned the meeting at 7:36 p.m. to Tuesday, February 6, 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: February 6, 2024 ATTEST: ___________________________ SERGIO FARIAS, MAYOR