MINUTES
June 7, 2022
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Reeve called the Regular Meeting of June 7, 2022, of the City Council of the City of San Juan Capistrano to order at 5:42 p.m. Mayor Pro Tem Hart led the Pledge of Allegiance and Council Member Taylor gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Derek Reeve, Mayor Pro Tem Howard Hart, and Council Members Sergio Farias, and John Taylor.
COUNCIL MEMBERS ABSENT: Troy Bourne.
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:
B1. MAYOR PRO TEM HART INTRODUCED: Anna Dickinson, Cultural Heritage Commission.
ORAL COMMUNICATIONS:
• Jessica Geyer, San Juan Hills High School, PTSA.
PUBLIC HEARINGS:
D1. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF GRADING PLAN MODIFICATION (GPM) 19-023 - AVENIDA CALIFORNIA SINGLE- FAMILY RESIDENCE: APN 675-081-11 AND 675-081-25 (APPLICANT: MATT OTTOSON, RRM DESIGN GROUP) (420.60) - TO BE CONTINUED TO JUNE 21, 2022
Council Action: Moved by Council Member Taylor, seconded by Mayor Pro Tem Hart, and carried 4-0 with Council Member Bourne absent to continue the public hearing to June 21, 2022.
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
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D2. RESOLUTION NO. 22-06-07-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING THE LEVY AND COLLECTION OF THE FISCAL YEAR 2022/2023 ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE
DISTRICTS AND OPEN SPACE MAINTENANCE DISTRICTS IN THE CITY OF SAN JUAN CAPISTRANO" (345.20)
Tom Toman, Public Works Director, provided an agenda report.
Mayor Reeve opened the public hearing and invited public testimony. No public testimony was received. Mayor Reeve closed the public hearing.
Council Action: Moved by Council Member Farias, seconded by Council Member Taylor, and carried 4-0 with Council Member Bourne absent to adopt RESOLUTION NO. 22-06-07-01 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONFIRMING THE LEVY AND COLLECTION OF THE FISCAL YEAR
2022/2023 ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE
DISTRICTS AND OPEN SPACE MAINTENANCE DISTRICTS IN THE CITY OF SAN JUAN CAPISTRANO."
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
D3. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING CHAPTER 4 (SUBDIVISIONS) OF TITLE 9 (LAND USE) TO ADD ARTICLE 7 (URBAN LOT SPLITS ALLOWED BY SB 9) AND AMENDING ARTICLE 5 (SUPPLEMENTAL DISTRICT REGULATIONS) OF TITLE 9 (LAND USE) TO ADD SECTION 9-3.538 (RESIDENTIAL TWO- UNIT PROJECTS ALLOWED BY SB 9); AND FINDING THE ACTION TO BE EXEMPT FROM CEQA." (420.30)
Joel Rojas, Development Services Director, provided an agenda report and responded to questions.
Mayor Reeve opened the public hearing and invited public testimony. No public testimony was received. Mayor Reeve closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance. 2 6/7/2022
Council Action: Moved by Council Member Farias, seconded by Council Member Taylor, and carried 4-0 with Council Member Bourne absent to introduce and approve the first reading of an ordinance entitled "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING CHAPTER 4 (SUBDIVISIONS) OF TITLE 9 (LAND USE) TO ADD ARTICLE 7 (URBAN LOT SPLITS ALLOWED BY SB 9) AND AMENDING ARTICLE 5 (SUPPLEMENTAL DISTRICT REGULATIONS) OF TITLE 9 (LAND USE) TO ADD SECTION 9-3.538 (RESIDENTIAL TWO-UNIT PROJECTS ALLOWED BY SB 9); AND FINDING THE ACTION TO BE EXEMPT FROM CEQA."
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
D4. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO AMENDING THE CITY'S LAND USE CODE
REGULATING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS TO ENSURE CONSISTENCY WITH STATE
REGULATIONS; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA." (430.30)
Joel Rojas, Development Services Director, provided an agenda report and responded to questions.
Mayor Reeve opened the public hearing and invited public testimony. No public testimony was received. Mayor Reeve closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Taylor, seconded by Mayor Pro Tem Hart, and carried 4-0 with Council Member Bourne absent to introduce and approve the first reading of an ordinance entitled "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING THE
CITY'S LAND USE CODE REGULATING ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS TO ENSURE CONSISTENCY WITH STATE REGULATIONS; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA."
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
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CONSENT CALENDAR:
Council Action: Moved by Council Member Farias, seconded by Mayor Pro Tem Hart, and carried 4-0 with Council Member Bourne absent to approve consent calendar items E1 through E15, as recommended by staff, with Council Member Taylor abstained from consent calendar item E11.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. MOTION FINDING THAT CONDUCTING TELEPHONIC/VIRTUAL MEETINGS
FOR CLOSED SESSION AND REGULAR MEETINGS AS ALLOWED PER
ASSEMBLY BILL 361, PROMOTES SOCIAL DISTACING DURING THE COVID-19 PANDEMIC, APPROVED
E3. CITY COUNCIL MINUTES - SPECIAL MEETING OF MAY 17, 2022 (EXECUTIVE SESSION), APPROVED
E4. CITY COUNCIL MINUTES - REGULAR MEETING OF MAY 17, 2022,
APPROVED
E5. CHECK REGISTERS FOR THE PERIOD FROM APRIL 22, 2022, TO MAY 5, 2022, RECEIVED AND FILED (300.30)
E6. RESOLUTION NO. 22-06-07-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO OVERNIGHT PARKING FROM 10:00 PM TO 5:00 AM" PARKING RESTRICTIONS ON PORTIONS OF AVENIDA AEROPUERTO AND CAMINO LAS RAMBLAS" (570.30)
E7. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ECONOMICS, INC. TO PROVIDE AB 1826 AND SB 1383 IMPLEMENTATION ASSISTANCE
THROUGH JUNE 30, 2023, FOR AN ADDITIONAL $25,000 RESULTING IN A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $50,000: AND, CITY
MANAGER AUTHORIZED TO APPROVE AN OPTIONAL AMENDMENT TO
THE AGREEMENT - SUBJECT TO MUTUAL AGREEMENT BY THE PARTIES - EXTENDING THE TERM THROUGH JUNE 30, 2024, FOR AN ADDITIONAL $25,000 RESULTING IN A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $75,000 (600.30)
E8. RESOLUTION NO. 22-06-07-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER
ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR THE SAN JUAN CAPISTRANO HIGH PRIORITY ARS SCREEN INSTALLATION" (820.25)
• Public Correspondence: Roger Butow, Clean Water Now.
4 6/7/2022
E9. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT WITH ROHAN AND SONS, INC.
FOR HEATING, VENTILATION AND AIR CONDITIONING MAINTENANCE
AND REPAIR SERVICES AT CURRENT UNIT PRICING FOR AN ADDITIONAL TWO-YEAR TERM BEGINNING JULY 1, 2022, AND ENDING JUNE 30, 2024;
AND FORMAL BIDDING PROCESS WAIVED PURSUANT TO MUNICIPAL CODE SECTION 3-4.306(E)(3) (600.30)
E10. STREET NAME CHANGE AT JSERRA HIGH SCHOOL AT ITS INTERSECTION WITH JUNIPERO SERRA ROAD FROM "JUNIPERO SERRA HIGH" TO "LIONS WAY," APPROVED (820.10)
E11. CONSTRUCTION CONTRACT FOR THE SPRING STREET AND EL CAMINO
REAL AMERICANS WITH DISABILITIES ACT (ADA) IMPROVEMENT
PROJECT (CIP 22103) AWARDED TO THE LOWEST RESPONSIBLE
BIDDER, ALL AMERICAN ASPHALT, INC., IN THE AMOUNT OF $270,925,
AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT AND
APPROVE CHANGE ORDERS FOR A TOTAL CONSTRUCTION
CONTINGENCY NOT TO EXCEED $40,000; AND, CITY MANAGER
AUTHORIZED TO EXECUTE AMENDMENT NO.1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ADAM/STREETER CIVIL ENGINEERS, INC.
TO INCREASE THE COMPENSATION AMOUNT BY $6,450, BRINGING THE TOTAL CONTRACT AMOUNT TO $51,450, FOR PREPARATION OF A LEGAL DESCRIPTION AND CONSTRUCTION SUPPORT SERVICES (600.30)
Council Member Taylor abstained due to proximity to his residence.
ROLL CALL:
AYES: COUNCIL MEMBER: Farias, Hart, and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
ABSTAINED: COUNCIL MEMBER: Taylor
E12. CITY MANAGER AUTHORIZED TO EXECUTE A LICENSE AGREEMENT WITH ORANGE COUNTY HEAD START, INC. FOR USE OF CITY-OWNED PROPERTY LOCATED AT 31485 EL CAMINO REAL FOR A FIVE-YEAR TERM (600.30)
E13. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 3 TO THE
MAINTENANCE SERVICES AGREEMENT WITH PROFESSIONAL SPORTS FIELD MAINTENANCE INC.; AND FORMAL BIDDING PROCESS WAIVED PURSUANT TO MUNICIPAL CODE SECTION 3-4.310(e) (600.30)
E14. FULL FEE WAIVER FOR UNIDOS SOUTH OC IN THE AMOUNT OF $496.60
FOR USE OF STONE FIELD PARK FOR A SUMMER YOUTH CAMP EVENT FROM JUNE 20,2022 TO JUNE 24, 2022, APPROVED (430.30/390.30) 5 6/7/2022
E15. RESOLUTION NO. 22-06-07-04 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, AMENDING
AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES
CODE SS 21000 ET SEQ.)" (410.20)
ADMINISTRATIVE ITEMS:
F1. FINANCE SERVICES
a. RESOLUTION NO. 22-06-07-05 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, ADOPTING THE FISCAL YEAR 2022-23 OPERATING AND CAPITAL IMPROVEMENT
BUDGET AND AUTHORIZING EXPENDITURES AND APPROPRIATIONS
RELATED THERETO;" RESOLUTION NO. 22-06-07-06 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING THE SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2022-23 THROUGH 2028- 29;" MEASURE M2 SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2022-23 THROUGH 2028-29, APPROVED; GENERAL FUND RESERVE IN THE AMOUNT OF $6,514,000 ESTABLISHED TO HOLD FUNDS
DESIGNATED BY CITY COUNCIL FOR THE STREET REHABILITATION PROGRAM; RESOLUTION NO. 22-06-07-07 ADOPTED ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING ITS ARTICLE S XIIIB
APPROPRIATIONS LIMITATION (GANN LIMITATION) FOR FISCAL YEAR 2022-23;"RESOLUTION NO. 22-06-07-08 ADOPTED ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ESTABLISHING THE PROPERTY TAX RATE
FOR VOTER-APPROVED BONDED INDEBTEDNESS (OPEN SPACE
MEASURE Y) FOR FISCAL YEAR 2022-23;" SECOND AMENDMENT TO THE
FIVE-YEAR AGREEMENT WITH THE COUNTY OF ORANGE FOR THE
PROVISION OF LAW ENFORCEMENT SERVICES, APPROVED;
RESOLUTION NO. 22-06-07-09 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, AMENDING RESOLUTION 21-11-02-04, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLANS;" AND CITY MANAGER AUTHORIZED TO ENTER
INTO A PROFESSIONAL SERVICES AGREEMENT WITH FLOCK SAFETY
FOR IMPLEMENTATION OF AN AUTOMATED LICENSE PLATE READER
PROGRAM OPERATED PURSUANT TO ORANGE COUNTY SHERIFF'S
DEPARTMENT POLICY NO. 463 (330.20/700.20/600.30)
Ken Al-Imam, Chief Financial Officer, provided a PowerPoint presentation and responded to questions.
6 6/7/2022
Council Action: Moved by Council Member Farias, seconded by Council Member Taylor, and carried 4-0 with Council Member Bourne absent to adopt RESOLUTION NO. 22-06-07-05 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, ADOPTING THE FISCAL YEAR 2022-23 OPERATING AND CAPITAL IMPROVEMENT BUDGET
AND AUTHORIZING EXPENDITURES AND APPROPRIATIONS RELATED THERETO;" adopt RESOLUTION NO. 22-06-07-06 entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING THE SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2022-23 THROUGH 2028-29;" approve Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2022- 23 through 2028-29; establish General Fund reserve in the amount of $6,514,000 to hold funds designated by City Council for the Street Rehabilitation Program; adopt RESOLUTION NO. 22-06-07-07 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
ADOPTING ITS ARTICLE XIIIB APPROPRIATIONS LIMITATION (GANN LIMITATION) FOR FISCAL YEAR 2022-23," adopt RESOLUTION NO. 22-06-07-08 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA ESTABLISHING THE PROPERTY
TAX RATE FOR VOTER-APPROVED BONDED INDEBTEDNESS (OPEN
SPACE MEASURE Y) FOR FISCAL YEAR 2022-23;" approve Second Amendment to the Five-Year Agreement with the County of Orange for the provision of law enforcement services; adopt RESOLUTION NO. 22-06-07-09 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, AMENDING RESOLUTION 21-11-02-04, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLANS;" and authorize the City Manager to enter into a Professional Services Agreement with Flock Safety for implementation of an Automated License Plate Reader program operated pursuant to Orange County Sheriff's Department Policy No. 463.
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
F2. DEVELOPMENT SERVICES
a. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE: SECTION 4-6.322 OF TITLE 4
REGARDING ON AND OFF STREET PARKING FOR PERSONS WITH A
DISABILITY; SECTION 5-21.04 OF TITLE 5 REGARDING ALLOWED ACTIVITIES WITHIN CITY PARKS; SECTION 6-3.08.03 (5) OF TITLE 6 REGARDING CONSTRUCTION DEMOLITION DEBRIS; SECTION 7-4.03 OF TITLE 7 REGARDING ERECTING AND MAINTAINING STRUCTURES WITHIN THE PUBLIC RIGHT-OF-WAY; SECTION 7-5.01 OF TITLE 7 REGARDING
STANDARD SPECIFICATIONS FOR THE CONSTRUCTION AND REPAIR OF CITY STREETS" (420.30/820.10)
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Council Member Farias recused himself due to proximity to his residence and left the Council Chamber.
Joel Rojas, Development Services Director, and Matisse Reischl, Senior Management Analyst, provided a PowerPoint presentation and responded to questions. Benjamin Siegel, City Manager and Jeffrey Ballinger, City Attorney, responded to questions.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor Pro Tem Hart, seconded by Council Member Taylor, and carried 3-0 with Council Member Bourne absent and Council Member Farias recused to introduce and approve the first reading of an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE: SECTION 4-6.322 OF TITLE 4
REGARDING ON AND OFF STREET PARKING FOR PERSONS WITH A
DISABILITY; SECTION 5-21.04 OF TITLE 5 REGARDING ALLOWED ACTIVITIES WITHIN CITY PARKS; SECTION 6-3.08.03 (5) OF TITLE 6 REGARDING CONSTRUCTION DEMOLITION DEBRIS; SECTION 7-4.03 OF TITLE 7 REGARDING ERECTING AND MAINTAINING STRUCTURES WITHIN THE PUBLIC RIGHT-OF-WAY; SECTION 7-5.01 OF TITLE 7 REGARDING
STANDARD SPECIFICATIONS FOR THE CONSTRUCTION AND REPAIR OF CITY STREETS."
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Hart, and Mayor Reeve
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
RECUSED: COUNCIL MEMBER: Farias
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: None.
CITY COUNCIL REPORTS:
• Mayor Pro Tem Hart complimented Memorial Day events throughout the city.
CITY MANAGER REPORT: Benjamin Siegel, City Manager, announced upcoming Summer Nites Concert; Summer Trolly Services; police horse patrol pilot program; and start of construction for the Spring Street and El Camino Real Americans with Disabilities Act (ADA) Improvement Project.
8 6/7/2022
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at 6:38 p.m. to Tuesday, June 21, 2022, at 4:00 p.m. for an Executive Session, and 5:00 p.m. for the public Business Session, in the City Council Chamber.
Respectfully submitted,
MARIA MORRIS, CITY CLERK
Approved: June 21, 2022
ATTEST:
Derek Reave
DEREK REEVE, MAYOR
6/7/2022