1 6/18/2024
MINUTES
JUNE 18, 2024
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Farias called the Regular meeting of June 18, 2024, of the City Council of the City of San Juan Capistrano to order at 5:08 p.m. Council Member Hart led the Pledge of Allegiance and Council Member Taylor gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Sergio Farias and Council Members Howard Hart, John Taylor, and John Campbell.
COUNCIL MEMBERS ABSENT: Mayor Pro Tem 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, 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 FARIAS INTRODUCED:
Tami Wilhelm, Planning Commissioner; and Jerry Muir, Youth Advisory Board.
B2. DEPUTY SEAN VASQUEZ RECOGNIZED FOR STOLEN VEHICLE
RECOVERY RECORD
B3. TONY POINTER RECOGNIZED FOR CONTRIBUTIONS TO THE
COMMUNITY EMERGENCY RESPONSE TEAM (CERT)
ORAL COMMUNICATIONS: None.
PUBLIC HEARINGS: None.
CONSENT CALENDAR:
Council Action: Moved by Council Member Hart, seconded by Council Member Campbell, and carried 4-0 with Mayor Pro Tem Bourne absent to approve consent calendar items E1 through E15 and E17, as recommended by staff, with Council Member Taylor recused from E11 due to proximity to his residence. 2 6/18/2024
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell, Taylor, and Mayor Farias NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Pro Tem Bourne
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES – SPECIAL MEETING (EXECUTIVE SESSION) OF JUNE 4, 2024, APPROVED
E3. CITY COUNCIL MINUTES – REGULAR MEETING OF JUNE 4, 2024,
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM MAY 3, 2024, THROUGH MAY 16, 2024, RECEIVED AND FILED (300.30)
E5. CASH AND INVESTMENTS REPORT FOR THE MONTH ENDED
MARCH 31, 2024, RECEIVED AND FILED (350.30)
E6. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.10)
E7. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CSG CONSULTANTS, INC.
FOR BUILDING/GRADING INSPECTION SERVICES, THEREBY EXTENDING THE TERM OF THE AGREEMENT TO JUNE 30, 2025, AND INCREASING THE NOT-TO-EXCEED AGREEMENT AMOUNT TO $783,014 (600.30)
E8. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 4 TO THE
EXISTING PROFESSIONAL SERVICES AGREEMENT WITH SAGECREST
PLANNING AND ENVIRONMENTAL FOR PLANNING RELATED SERVICES, EXTENDING THE TERM OF THE AGREEMENT TO JUNE 30, 2026, AND
INCREASING THE NOT-TO-EXCEED COMPENSATION AMOUNT TO
$345,360 (600.30)
E9. MAYORAL SUBCOMMITTEE’S RECOMMENDATION, RECEIVED; AND JEFF
MOORE APPOINTED TO FILL THE VACANT PLANNING COMMISSION
POSITION WITH A TERM ENDING MARCH 31, 2025 (110.20)
E10. ORDINANCE 1120 ADOPTED 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” (420.25)
E11. ORDINANCE 1121 ADOPTED 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
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PERTAINING TO PARKING METERS;” AND FOUND ACTIONS ARE NOT
SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15060(C)(3) (570.30) ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell and Mayor Farias
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Pro Tem Bourne
RECUSED: COUNCIL MEMBER: Taylor
E12. RESOLUTION 24-06-18-01 ADOPTED ENTITLED “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING THE DECLARATION OF DESIGNATED EQUIPMENT
INVENTORY AS SURPLUS PROPERTY AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL AGREEMENTS REQUIRED TO FACILITATE
THE FINAL SALE OF THE DESIGNATED INVENTORY TO LONG BEACH BMW” (370.30)
E13. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 3 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH LAZ PARKING LLC,
EXTENDING THE TERM OF THE AGREEMENT FOR ONE ADDITIONAL
YEAR, THROUGH JUNE 30, 2025, TO OPERATE THE CITY’S GRANTFUNDED SUMMER WEEKEND AND SPECIAL EVENT TROLLEY SERVICE (600.30)
E14. CITY MANAGER AUTHORIZED TO EXECUTE AN ENCROACHMENT AND
MAINTENANCE AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED
TO THE AGENDA REPORT, WITH THE HUNT CLUB COMMUNITY
ASSOCIATION FOR THE CONSTRUCTION AND MAINTENANCE OF
SECURITY CAMERAS AND POLES WITHIN EQUESTRIAN AND
PEDESTRIAN TRAIL PUBLIC RIGHTS-OF-WAY; AND, THAT THE ACTION IS
FOUND CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES, SECTION 15303 (600.30)
E15. CITY MANAGER AUTHORIZED TO ACCEPT A PERMANENT EASEMENT
FROM PETRA AND AVELINA COMMUNITY ASSOCIATION FOR PUBLIC TRAIL PURPOSES; AND, DETERMINATION MADE THAT NO FURTHER
ENVIRONMENTAL REVIEW IS REQUIRED FOR SAID ACTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND STATE CEQA
GUIDELINES SECTION 15162. (670.50)
E16. APPROPRIATION OF FUNDS FOR PARKING MANAGEMENT STUDY – ITEM TABLED (570.60)
• Public Correspondence: Miranda Bermejo, City resident; Stacy Fitts, City resident; Miriam Zuniga, Unidos South OC; Ester Ocampo, City resident (submitted 2 correspondences); Diana Alvarez, City resident; Heather Chapman, Unidos South OC; Maira Villegas, City resident; Jonathan 4 6/18/2024
Antonio, City resident; Miriam Zuniga, Community Leader Coalition; Sarah Arce, Unidos South OC; and Gabe Cruz, City resident.
Council Member Taylor recused himself due to the proximity to his residence.
Tom Toman, Public Works Director, provided an agenda report and responded to questions.
• Public Comment: Heather Champman, City resident; Maribel Alducin, City resident; Miriam Zuniga, City resident; Lucia Lopez, City resident - did not wish to speak however registered support for the parking management study.
Council Action: Moved by Mayor Farias, seconded by Council Member Hart, and carried 3-0 with Mayor Pro Tem Bourne absent and Council Member Taylor recused to table the item.
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell and Mayor Farias
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Pro Tem Bourne
RECUSED: COUNCIL MEMBER: Taylor
E17. CITY MANAGER AUTHORIZED TO EXECUTE A MAINTENANCE SERVICES AGREEMENT WITH BEAR ELECTRICAL SOLUTIONS, INC. TO PROVIDE
TRAFFIC SIGNAL MAINTENANCE SERVICES FOR A THREE-YEAR PERIOD COMMENCING ON JULY 1, 2024, AND ENDING JUNE 30, 2027; AND, CITY
MANAGER AUTHORIZED TO APPROVE AND EXECUTE UP TO TWO
OPTIONAL ONE-YEAR EXTENSIONS BASED ON SATISFACTORY
PERFORMANCE OF THE CONTRACTOR, WITH CONSUMER PRICE INDEX BASED FEE ADJUSTMENTS AS PROVIDED FOR IN THE AGREEMENT. (600.30)
ADMINISTRATIVE ITEMS:
F1a. RESOLUTION 24-06-18-02 ADOPTED ENTITLED “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING THE FISCAL YEAR 2024-25 OPERATING AND CAPITAL
IMPROVEMENT BUDGET AND AUTHORIZING EXPENDITURES AND
APPROPRIATIONS RELATED THERETO;” RESOLUTION 24-06-18-03 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 2024-25
THROUGH 2030-31;” THE MEASURE M2 SEVEN-YEAR CAPITAL
IMPROVEMENT PROGRAM FOR FISCAL YEARS 2024-25 THROUGH
2030-31, APPROVED; RESOLUTION 24-06-18-04 ADOPTED 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 5 6/18/2024
2024-25;” RESOLUTION 24-06-18-05 ADOPTED ENTITLED “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ESTABLISHING THE PROPERTY TAX RATE FOR VOTERAPPROVED BONDED INDEBTEDNESS (OPEN SPACE MEASURE Y) FOR FISCAL YEAR 2024-25;” FIFTH AMENDMENT TO THE FIVE-YEAR
AGREEMENT WITH THE COUNTY OF ORANGE FOR THE PROVISION OF FISCAL YEAR 2023-24 LAW ENFORCEMENT SERVICES, APPROVED;
SIXTH AMENDMENT TO THE FIVE-YEAR AGREEMENT WITH THE COUNTY OF ORANGE FOR THE PROVISION OF FISCAL YEAR 2024-25 LAW
ENFORCEMENT SERVICES, APPROVED; THE 2024-2027 MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY AND THE CLASSIFIED
EMPLOYEES ASSOCIATION, APPROVED; THE 2024-2027 MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY AND THE MANAGEMENT AND PROFESSIONAL EMPLOYEES ASSOCIATION, APPROVED; RESOLUTION 24-06-18-06 ADOPTED ENTITLED “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING RESOLUTION NO. 23- 06-20-11, THE CITY’S CLASSIFICATION AND COMPENSATION PLANS, IMPLEMENTING SALARY TABLES FOR FISCAL YEARS 2024-25, 2025-26, AND 2026-27 FOR THE CLASSIFIED EMPLOYEES ASSOCIATION, THE
MANAGEMENT AND PROFESSIONAL EMPLOYEES ASSOCIATION, AND
PART-TIME/NON-REPRESENTED STAFF; ADOPTING NEW
CLASSIFICATIONS FOR PRINCIPAL ANALYST, SENIOR BUILDING AND GRADING INSPECTOR, AND SENIOR CODE ENFORCEMENT OFFICER;
AND AMENDING JOB DESCRIPTIONS FOR COMMUNITY SERVICES
MANAGER AND ASSISTANT ENGINEER;” RESOLUTION
24-06-18-07 ADOPTED ENTITLED “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING RESOLUTION NO. 23- 06-20-11, THE CITY’S CLASSIFICATION AND COMPENSATION PLANS, IMPLEMENTING SALARY TABLES FOR FISCAL YEARS 2024-25, 2025-26, AND 2026-27 FOR EXECUTIVE CLASSIFICATIONS; AND ADOPTING NEW
JOB CLASSIFICATIONS FOR ENGINEERING AND ENVIRONMENTAL
SERVICES DIRECTOR, AND PUBLIC WORKS AND COMMUNITY SERVICES DIRECTOR;” AND CITY MANAGER TO SIGN A NOTICE OF INTENT TO USE ANIMAL CARE SERVICES PROVIDED UNDER THE CITY’S AGREEMENT WITH THE COUNTY OF ORANGE FOR THE PERIOD FROM JULY 1, 2024, THROUGH JUNE 30, 2025 (330.20/330.40/390.80/700.20/600.50/600.30) Ken Al-Imam, Chief Financial Officer, provided a PowerPoint presentation and responded to questions. Ben Siegel, City Manager, responded to questions.
Council Action: Moved by Council Member Taylor, seconded by Council Member Hart, and carried 4-0 with Mayor Pro Tem Bourne absent to adopted RESOLUTION 24-06-18-02 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING THE FISCAL YEAR 2024-25 OPERATING AND CAPITAL IMPROVEMENT BUDGET
AND AUTHORIZING EXPENDITURES AND APPROPRIATIONS RELATED THERETO;” adopt RESOLUTION 24-06-18-03 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA ADOPTING THE SEVEN-YEAR CAPITAL IMPROVEMENT
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PROGRAM FOR FISCAL YEARS 2024-25 THROUGH 2030-31;” the Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2024-25 through 2030-31, approved; adopt RESOLUTION 24-06-18-04 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 2024-25;” adopt RESOLUTION 24- 06-18-05 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 2024-25;” Fifth Amendment to the Five-Year Agreement with the County Of Orange for the provision of Fiscal Year 2023-24 law enforcement services, approved; Sixth Amendment to the Five-Year Agreement with the County Of Orange for the provision of Fiscal Year 2024-25 law enforcement services, approved; the 2024-2027 Memorandum Of Understanding between the City and the Classified Employees Association, approved; the 2024-2027 Memorandum Of Understanding between the City and the Management And Professional Employees Association, approved; adopt RESOLUTION 24-06-18-06 entitled “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING RESOLUTION NO. 23-06-20-11, THE CITY’S CLASSIFICATION AND COMPENSATION PLANS, IMPLEMENTING SALARY TABLES FOR FISCAL YEARS 2024-25, 2025-26, AND 2026-27 FOR THE CLASSIFIED EMPLOYEES ASSOCIATION, THE
MANAGEMENT AND PROFESSIONAL EMPLOYEES ASSOCIATION, AND
PART-TIME/NON-REPRESENTED STAFF; ADOPTING NEW
CLASSIFICATIONS FOR PRINCIPAL ANALYST, SENIOR BUILDING AND GRADING INSPECTOR, AND SENIOR CODE ENFORCEMENT OFFICER;
AND AMENDING JOB DESCRIPTIONS FOR COMMUNITY SERVICES
MANAGER AND ASSISTANT ENGINEER;” adopt RESOLUTION 24-06-18-07 entitled “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING RESOLUTION NO. 23-06-20-11, THE CITY’S
CLASSIFICATION AND COMPENSATION PLANS, IMPLEMENTING SALARY TABLES FOR FISCAL YEARS 2024-25, 2025-26, AND 2026-27 FOR EXECUTIVE CLASSIFICATIONS; AND ADOPTING NEW JOB
CLASSIFICATIONS FOR ENGINEERING AND ENVIRONMENTAL SERVICES
DIRECTOR, AND PUBLIC WORKS AND COMMUNITY SERVICES
DIRECTOR;” and City Manager authorized to sign a Notice Of Intent to use animal care services provided under the City’s agreement with the County Of Orange for the period from July 1, 2024, through June 30, 2025.
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell, Taylor, and Mayor Farias NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Pro Tem Bourne
F2a. RESOLUTION NO. 24-06-18-08 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA INITIATING GENERAL PLAN AMENDMENT (GPA) 24-003 AND CODE AMENDMENT (CA) 24-003, A STUDY TO AMEND THE GENERAL PLAN LAND
USE MAP AND THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE
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DEVELOPMENT PLAN (CDP) 78-01 TO ALLOW UP TO 65 EXISTING OFFICE
SUITES TO BE CONVERTED TO RESIDENTIAL APARTMENT UNITS WITHIN
THE CAPISTRANO BUSINESS PARK WHICH IS COMPRISED OF THE
FOLLOWING ADDRESSES: 27122, 27124, 27126, 27128, 27130 27132, 27134, & 27136 PASEO ESPADA (APN 666-131-23) AND 27121, 27123, 27125, 17127, 27129, & 27131 CALLE ARROYO (APN 666-131-17) AND FINDING SAID
ACTION STATUTORILY EXEMPT FROM CEQA PER STATE CEQA
GUIDELINES SECTION 15262” (420.25/440.25)
Laura Stokes, Principal Planner, provided a PowerPoint presentation and responded to questions. Joel Rojas, Development Services Director, responded to questions.
Public Comments: Phil Schwartze, representing Applicant Seligman Western Enterprises, LTD, provided a PowerPoint presentation and responded to questions.
Council Action: Moved by Council Member Taylor, seconded by Council Member Campbell, and carried 4-0 with Mayor Pro Tem Bourne absent to adopt RESOLUTION NO. 24-06-18-08 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
INITIATING GENERAL PLAN AMENDMENT (GPA) 24-003 AND CODE AMENDMENT (CA) 24-003, A STUDY TO AMEND THE GENERAL PLAN LAND
USE MAP AND THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE
DEVELOPMENT PLAN (CDP) 78-01 TO ALLOW UP TO 65 EXISTING OFFICE
SUITES TO BE CONVERTED TO RESIDENTIAL APARTMENT UNITS WITHIN
THE CAPISTRANO BUSINESS PARK WHICH IS COMPRISED OF THE
FOLLOWING ADDRESSES: 27122, 27124, 27126, 27128, 27130 27132, 27134, & 27136 PASEO ESPADA (APN 666-131-23) AND 27121, 27123, 27125, 17127, 27129, & 27131 CALLE ARROYO (APN 666-131-17) AND FINDING SAID
ACTION STATUTORILY EXEMPT FROM CEQA PER STATE CEQA
GUIDELINES SECTION 15262”
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell, Taylor, and Mayor Farias NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Mayor Pro Tem Bourne
SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Housing Authority Minutes)
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) PUBLIC FINANCING AUTHORITY (Refer to Public Financing Authority Minutes) COUNCIL ACTION ITEMS: None.
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CITY COUNCIL REPORTS:
• Council Member Hart reported attending the following: 1st Battalion, 11th Marines Change of Command ceremony; South Orange County Watershed Management Area (SOCWMA) meeting; and Shea Center tour.
CITY MANAGER REPORT: None.
ADJOURNMENT:
There being no further business Mayor Farias adjourned the meeting at 6:40 p.m. to Tuesday, July 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 Community Center – 25925 Camino Del Avion.
Respectfully submitted,
___________________________
CHRISTY JAKL, CITY CLERK
Approved: July 16, 2024
ATTEST:
___________________________
SERGIO FARIAS, MAYOR