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