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MINUTES
JUNE 4, 2024
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Farias called the Regular meeting of June 4, 2024, of the City Council of the City of San Juan Capistrano to order at 5:15 p.m. Mayor Farias led the Pledge of Allegiance and Mayor Pro Tem Bourne 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.
CITY CLERK ANNOUNCEMENT: Per Assembly Bill 23, Christy Jakl, City Clerk, announced that each Housing Authority Board Member is receiving a $50.00 stipend for conducting the Housing Authority meeting.
INTRODUCTIONS:
B1. COMMISSIONER INTRODUCTION: – MAYOR PRO TEM BOURNE
INTRODUCED: Ted Rosenfeldt, Planning Commissioner.
B2. MAY 2024 THROUGH AUGUST 2024 PROCLAIMED AS DROWNING
PREVENTION AWARENESS
B3. PRESENTATION BY ORANGE COUNTY FIRE AUTHORITY
ORAL COMMUNICATIONS:
• Patty Cabade (no residence provided); and anonymous speaker.
PUBLIC HEARINGS:
D1. 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 LAW; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA;” AND SAID ACTION IS
STATUTORILY EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO PUBLIC RESOURCES
CODE SECTION 21080.17 (STATUTORY EXEMPTION FOR ORDINANCES RELATED TO ACCESSORY DWELLING UNITS) (420.25)
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Paul Garcia, Principal Planner, provided a PowerPoint presentation and responded to questions.
Mayor Farias opened the public hearing. No public testimony received. Mayor Farias closed the public hearing.
Christy Jakl, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor Pro Tem Bourne, seconded by Council Member Taylor, and carried unanimously to approve the introduction and 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 LAW; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA;” and said action is statutorily exempt from review under the California Environmental Quality Act pursuant to Public Resources Code Section 21080.17 (statutory exemption for ordinances related to accessory dwelling units).
D2. ANNUAL ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICTS TRACT 7673 (MISSION WOODS), TRACT 8485 (MISSION SPRINGS), TRACT 9284 (SEAVIEW ESTATES), TRACTS 9373 & 7654 (LOS CORRALES), TRACT 9382 (BELFORD TERRACE), TRACT 1094 AND LOT 29 OF TRACT 11095 (CAPISTRANO ROYALE), APPROVED; RESOLUTION NO. 24-06-04-01 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 2024/2025 ASSESSMENTS FOR THE
LANDSCAPE MAINTENANCE DISTRICTS AND OPEN SPACE
MAINTENANCE DISTRICTS IN THE CITY OF SAN JUAN CAPISTRANO;”
DIRECT THE CITY CLERK TO FORWARD THE ASSESSMENTS TO THE ORANGE COUNTY AUDITOR-CONTROLLER; AND FIND THAT THE
PROPOSED ACTION IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO THE
COMMONSENSE EXEMPTION UNDER STATE CEQA GUIDELINES,
SECTION 15061 (B)(3) (345.20)
Tom Toman, Public Works Director, provided an agenda report and responded to questions.
Mayor Farias opened the public hearing. No public testimony received. Mayor Farias closed the public hearing.
Council Action: Moved by Mayor Pro Tem Bourne, seconded by Council Member Campbell, and carried unanimously to approved the annual assessments for Landscape Maintenance Districts Tract 7673 (Mission Woods), Tract 8485 (Mission Springs), Tract 9284 (Seaview Estates), Tracts 9373 & 7654 (Los Corrales), Tract 9382 (Belford Terrace), Tract 1094 And Lot 29 of Tract 11095 (Capistrano Royale); RESOLUTION NO. 24-06-04-01 adopted entitled “A 3 6/4/2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING THE LEVY AND COLLECTION OF THE FISCAL YEAR 2024/2025 ASSESSMENTS FOR THE LANDSCAPE
MAINTENANCE DISTRICTS AND OPEN SPACE MAINTENANCE DISTRICTS IN THE CITY OF SAN JUAN CAPISTRANO;” direct the City Clerk to forward the assessments to the Orange County Auditor-Controller; and find that the proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to the commonsense exemption under State CEQA Guidelines, Section 15061 (b)(3).
CONSENT CALENDAR:
Council Action: Moved by Mayor Pro Tem Bourne, seconded by Council Member Hart, and carried unanimously to approve consent calendar items E1 through E7, E10 and E11, as recommended by staff.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES – SPECIAL MEETING (EXECUTIVE SESSION) OF MAY 21, 2024, APPROVED
E3. CITY COUNCIL MINUTES – REGULAR MEETING OF MAY 21, 2024,
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM APRIL 19, 2024, THROUGH MAY 2, 2024, RECEIVED AND FILED (300.30)
E5. RESOLUTION NO. 24-06-04-02 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING AND ADOPTING LOCAL GUIDELINES FOR
IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(PUBLIC RESOURCES CODE §§ 21000 ET SEQ.)” (410.20)
E6. RESOLUTION NO. 24-06-04-03 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024, FOR
THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES;” RESOLUTION NO. 24-06-04-04 ADOPTED ENTITLED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024,
WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE;” AND,
RESOLUTION NO. 24-06-04-05 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS
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SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024.” (630.20)
E7. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE MAINTENANCE SERVICES AGREEMENT WITH ROHAN & SON’S, INC. FOR
HEATING, VENTILATION AND AIR CONDITIONING MAINTENANCE AND
REPAIR SERVICES AND CURRENT UNIT PRICING FOR AN ADDITIONAL TWO-YEAR TERM BEGINNING JULY 1, 2024, AND ENDING JUNE 30, 2026;
AND, WAIVE THE FORMAL BIDDING PROCESS PURSUANT TO MUNICIPAL CODE SECTION 3-4.306(e)(3) (600.30)
E8. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE
MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR TREE MAINTENANCE SERVICES FOR A TWO-YEAR PERIOD BEGINNING JULY 1, 2024, AND ENDING JUNE 30, 2026 (600.30) Tom Toman, Public Works Director, provided an agenda report and responded to questions.
Council Action: Moved by Council Member Taylor, seconded by Council Member Campbell, and carried unanimously to authorize the City Manager to execute Amendment No. 2 to the Maintenance Services Agreement with West Coast Arborists, Inc. for tree maintenance services for a two-year period beginning July 1, 2024, And Ending June 30, 2026.
E9. DONATION OF AN EAGLE SCOUT PROJECT TO INSTALL A NON-COIN
OPERATED VIEWING TELESCOPE AT PATRIOT HILL, PER
ADMINISTRATIVE POLICY NO. 103 “DONATIONS THE CITY,” WHICH
ESTABLISHES PROCEDURES FOR THE ACCEPTING OR DECLINING OF DONATIONS, APPROVED; AND SAID ACTION FOUND EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 15061 (b)(3) (150.65)
Tom Toman, Public Works Director, provided an agenda report and responded to questions.
• Public Comments: Logan Alpay, Eagle Scout Candidate.
Council Action: Moved by Council Member Campbell, seconded by Council Member Hart, and carried unanimously to approve the donation of an Eagle Scout Project to install a non-coin operated viewing telescope at Patriot Hill, per Administrative Policy No. 103 “Donations The City,” which establishes procedures for the accepting or declining of donations; and said action found exempt from the California Environmental Quality Act (CEQA) per Section 15061 (b)(3).
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E10. MODIFICATIONS TO C. RUSSELL COOK PARK CORDOVA, C. RUSSELL COOK PARK DEL CAMPO, AND C. RUSSELL COOK PARK LA NOVIA PARK NAMES TO IMPROVE COMMUNITY ACCESS, APPROVED;
APPROPRIATION OF $22,500 FORM THE GENERAL FUND TO FUND THE COST OF THE MONUMENT SIGN CHANGES, APPROVED; AND, SAID
ACTION FOUND EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PER SECTION 15061 (b)(3) (920.10)
E11. CITY MANAGER AUTHORIZED TO EXECUTE FIRST AND SECOND
AMENDMENTS TO THE AFFORDABLE HOUSING DISPOSITION AND
DEVELOPMENT AGREEMENT WITH JAMBOREE HOUSING
CORPORATION, SUBSTANTIALLY IN THE FORM ATTACHED TO THE
AGENDA REPORT; FIRST AMENDMENT TO THE FUNDING DONATION
AGREEMENT AND GENERAL RELEASE WITH THE 661 FOUNDATION
SUBSTANTIALLY IN THE FORM ATTACHED TO THE AGENDA REPORT,
APPROVED AND CITY MANAGER AUTHORIZED TO TAKE REQUIRED
ACTIONS UNDER THE AGREEMENT; AND, SAID ACTION IS STATUTORILY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO GOVERNMENT CODE SECTION 65583.2 (h) AND (i) (600.30) ADMINISTRATIVE ITEMS:
F1a. RESOLUTION NO. 24-06-04-06 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA MAKING A FINDING OF PUBLIC CONVENIENCE OR
NECESSITY REQUIRED BY THE CALIFORNIA DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL FOR WINSTON’S CIGAR LOUNGE AND BAR TO BE LOCATED AT 27129 CALLE ARROYO, SUITE 1803 (ASSESSOR PARCEL NUMBER: 666-131-17)” (585.15)
Paul Garcia, Principal Planner, provided a PowerPoint presentation and responded to questions.
• Public Comments: Rick Collins, Winston’s Cigar Lounge & Bar.
Council Action: Moved by Council Member Hart, seconded by Council Member Taylor, and carried 4-1 with Mayor Pro Tem Bourne opposed to adopt RESOLUTION NO. 24-06-04-06 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA MAKING
A FINDING OF PUBLIC CONVENIENCE OR NECESSITY REQUIRED BY THE
CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FOR WINSTON’S CIGAR LOUNGE AND BAR TO BE LOCATED AT 27129 CALLE ARROYO, SUITE 1803 (ASSESSOR PARCEL NUMBER: 666-131-17)” which would allow the sale of alcohol for on and off premises consumption at a private cigar lounge and bar (Winston’s Cigar Lounge and Bar) to be located at 27129 Calle Arroyo, Suite 1803, contingent on the proposed project’s floor plan being revised to ensure compliance with the State Labor Code. 6 6/4/2024
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell, Taylor, and Mayor Farias NOES: COUNCIL MEMBER: Bourne
ABSENT: COUNCIL MEMBER: None
F2a. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED ENTITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING TITLE 4, CHAPTER 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO PARKING METERS;”
CITY MANAGER AUTHORIZED TO ENTER INTO AN AGREEMENT WITH PASSPORT PARKING, INC. TO IMPLEMENT APP-BASED MOBILE PAY PARKING OPTIONS IN THE CITY’S METERED PARKING FACILITIES BEGINNING SUMMER 2024; DIRECTION RECEIVED REGARDING A
FUTURE PARKING MANAGEMENT STUDY; AND SAID ACTIONS ARE NOT
SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15060(c)(3) (570.30) • Public Correspondence: Cal Grimes, Swallow’s Inn.
Council Member Taylor recused himself due to the proximity to his residence.
Tom Toman, Public Works Director, provided a PowerPoint presentation and responded to questions. Ben Siegel, City Manager, responded to questions.
Christy Jakl, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Hart, seconded by Mayor Pro Tem Bourne, and carried 4-0 with Council Member Taylor recused to approve the introduction and first reading of an ordinance approved entitled “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO AMENDING TITLE 4, CHAPTER 4 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE PERTAINING TO PARKING METERS;” City manager authorized to enter into an agreement with Passport Parking, Inc. to implement app-based mobile pay parking options in the City’s metered parking facilities beginning Summer 2024; direction received regarding a future parking management study; and said actions are not subject to the California Environmental Quality Act (CEQA) pursuant To CEQA Guidelines Sections 15060(c)(3).
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell, Bourne, and Mayor Farias NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Taylor
SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Housing Authority Minutes)
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COUNCIL ACTION ITEMS: None.
CITY COUNCIL REPORTS:
• Council Member Taylor attended the Memorial Day Ceremony at Veterans Park.
CITY MANAGER REPORT: None.
ADJOURNMENT:
There being no further business Mayor Farias adjourned the meeting at 7:01 p.m. to Tuesday, June 18, 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 Community Center – 25925 Camino Del Avion.
Respectfully submitted,
___________________________
CHRISTY JAKL, CITY CLERK
Approved: June 18, 2024
ATTEST:
___________________________
SERGIO FARIAS, MAYOR