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MINUTES
AUGUST 6, 2024
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Farias called the Regular meeting of August 6, 2024, of the City Council of the City of San Juan Capistrano to order at 5:11 p.m. Mayor Pro Tem Bourne led the Pledge of Allegiance and Council Member Hart 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.
MEETING DEDICATION: The meeting was dedicated in memory of Tom Baker, longtime resident, local business owner, first Community Services Director for the City and the official photographer for City Council portraits.
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.
Agenda items are presented in the originally agendized format for the benefit of the minutes’ reader but were not necessarily heard in that order.
INTRODUCTIONS:
B1. COMMISSIONER INTRODUCTION: – MAYOR PRO TEM BOURNE
INTRODUCED: None.
B2. WILDFIRE AWARENESS AND PREVENTION PROCLAIMED FROM
MID-SUMMER THROUGH EARLY AUTUMN
ORAL COMMUNICATIONS:
Shelley Barker, City resident; Arlene Lancelot; City resident; Linda M., (no residence provided); Michelle Morgan, (no residence provided – provided handout); Kathleen H., (no residence provided); Cheryl F., (no residence provided); and George A., (no residence provided).
PUBLIC HEARINGS:
D1. RESOLUTION 24-08-06-01 ADOPTED ENTITLED “A RESOLUTION OF THE
CITY COUNCIL OF SAN JUAN CAPISTRANO APPROVING ARCHITECTURAL CONTROL (AC) 23-008, GRADING PLAN MODIFICATION (GPM) 23-020, TREE REMOVAL PERMIT (TRP) 23-024 & VESTING TENTATIVE TRACT MAP 2 8/6/2024
(TTM) 23-002 FOR THE CAMINO TWELVE RESIDENTIAL PROJECT
LOCATED AT 25642 CAMINO DEL AVION (APN: 668-491-32) AND FINDING
SAID ACTION IS CATEGORICALLY EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 15332 (CAMINO TWELVE)” (410.60/420.60/460.60/420.40)
Public Correspondence: Brett Hollenbeck (no residence provided); Kent Morris (no residence provided); Amir Baum (submitted 2 correspondences; no residence provided); Ana Ramos (no residence provided); David Ying, California Housing and Community Development; Sydney O’Toole (no residence provided); Maricar Payad (no residence provided); George D.
Peppas III, San Juan Capistrano Chamber of Commerce; Emilie Simard, (no residence provided); Daniel Baum, City resident; Erik Olson, City resident; Dylan Casey, CalHDF Director; Kyle Gorman, City resident; Clair Lafleur, City resident; Christopher Angle, City resident; and, Elizabeth Hansburg, People for Housing Orange County.
Joel Rojas, Development Services Director, provided a presentation and responded to questions. Laura Stokes, Principal Planner, provided a PowerPoint presentation and responded to questions. Deirdre Spaulding, Applicant, provided a PowerPoint presentation and responded to questions.
Mayor Farias opened the public hearing.
Public Comment: Joel Ramirez, City resident; John Renne, City resident; and Nick Grays, (no residence provided).
Mayor Farias closed the public hearing.
Council Action: Moved by Mayor Pro Tem Bourne, seconded by Mayor Farias, and carried unanimously to adopted Resolution 24-08-06-01 entitled “A
RESOLUTION OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO
APPROVING ARCHITECTURAL CONTROL (AC) 23-008, GRADING PLAN MODIFICATION (GPM) 23-020, TREE REMOVAL PERMIT (TRP) 23-024 & VESTING TENTATIVE TRACT MAP (TTM) 23-002 FOR THE CAMINO TWELVE RESIDENTIAL PROJECT LOCATED AT 25642 CAMINO DEL AVION (APN: 668-491-32) AND FINDING SAID ACTION IS CATEGORICALLY
EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 15332 (CAMINO TWELVE);” and adding a provision that the homeowners association (HOA) will only allow standardized HOA approved furniture or furnishings on any street facing balconies or porches and prohibit the street facing balconies and porches to be used for storage.
D2. RESOLUTION 24-08-06-02 ADOPTED ENTITLED “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR THE 2024 WEED ABATEMENT
PROGRAM IN THE CITY OF SAN JUAN CAPISTRANO”; AND CITY CLERK
DIRECTED TO FORWARD THE ASSESSMENTS TO THE ORANGE COUNTY AUDITOR-CONTROLLER (540.70)
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Tom Toman, Public Works and Community Services Director, provided an agenda report and responded to questions.
Mayor Farias opened the public hearing.
Public Comment: Diane Harkey, Dana Point resident.
Mayor Farias closed the public hearing.
Council Action: Moved by Council Member Taylor, seconded by Mayor Pro Tem Bourne, and carried unanimously to adopted Resolution 24-08-06-02 entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR THE 2024 WEED ABATEMENT PROGRAM IN THE CITY OF SAN JUAN
CAPISTRANO”; and City Clerk directed to forward the assessments to the Orange County Auditor-Controller.
CONSENT CALENDAR:
Council Action: Moved by Council Member Campbell, seconded by Council Member Hart, and carried unanimously to approve consent calendar items E1 through E8, as recommended by staff.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES – SPECIAL MEETING (EXECUTIVE SESSION) OF JULY 16, 2024, APPROVED
E3. CITY COUNCIL MINUTES – REGULAR MEETING OF JULY 16, 2024,
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM MAY 31, 2024, THROUGH JUNE 13, 2024, RECEIVED AND FILED (300.30)
E5. ANNUAL FINANCIAL REPORT FOR FISCAL YEAR 2022-23 AND RELATED AUDIT REPORTS, RECEIVED AND FILED (330.50)
E6. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING
FOR CODE ENFORCEMENT AND RELATED SERVICES, THEREBY
INCREASING THE NOT-TO-EXCEED AGREEMENT AMOUNT TO $175,000 (600.30)
E7. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE CODE GROUP, INC.,
DBA VCA CODE (VCA) FOR BUILDING/GRADING INSPECTION SERVICES,
THEREBY INCREASING THE NOT-TO-EXCEED AGREEMENT AMOUNT TO $218,400; AND, INCREASE IN THE GENERAL FUND BUDGET FOR
CONTRACT INSPECTIONS SERVICES BY $20,000 TO FUND AMENDMENT NO. 1, APPROVED (600.30)
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E8. CITY MANAGER AUTHORIZED TO EXECUTE THE GRANT OF EASEMENT
ON BEHALF OF THE CITY TO SANTA MARGARITA WATER DISTRICT FOR
DEWER PIPELINE PURPOSES SUBSTANTIALLY IN THE FORM ATTACHED TO THE AGENDA REPORT; AND THE CONVEYANCE OF NON-EXCLUSIVE
EASEMENT TO SANTA MARGARITA WATER DISTRICT IS FOUND EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15061 (b) (3) (670.50)
ADMINISTRATIVE ITEMS:
F1a. RESOLUTION 24-08-06-03 ADOPTED ENTITLED “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA (1)
ADOPTING AN ADDENDUM TO THE PREVIOUSLY ADOPTED INITIAL
STUDY/MITIGATED NEGATIVE DECLARATION (SCH NO. 2019099080) FOR
THE PROPOSED DRAINAGE IMPROVEMENTS AND RESTORATION
ACTIVITIES AT THE RANCHO MISSION VIEJO RIDING PARK, SAN JUAN
CAPISTRANO PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT; AND (2) APPROVING THE PROPOSED STORMWATER
INFILTRATION SYSTEM AND MONITORING PROGRAM ANALYZED IN THE
ADDENDUM AS FUNCTIONALLY EQUIVALENT TO THE STORMWATER
CAPTURE AND TREATMENT SYSTEM THAT WAS ANALYZED IN THE
PREVIOUSLY ADOPTED INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION AND IDENTIFIED IN THE GROUND LEASE BY AND
BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND ACTION SPORTS MANAGEMENT GROUP, LLC DBA THE RIDLAND GROUP” (600.30)
Public Correspondence: Richard Butow, Clean Water Now; and, Daniel Klemann, WSP USA, Inc.
Matisse Reischl, Assistant City Manager, provided a PowerPoint presentation and responded to questions.
Public Comments: Diane Harkey, Dana Point resident; and, Shelly Barker, City resident.
Council Action: Moved by Mayor Pro Tem Bourne, seconded by Council Member Hart, and carried unanimously to adopted Resolution 24-08-06-03 entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA (1) ADOPTING AN ADDENDUM TO THE
PREVIOUSLY ADOPTED INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION (SCH NO. 2019099080) FOR THE PROPOSED DRAINAGE
IMPROVEMENTS AND RESTORATION ACTIVITIES AT THE RANCHO
MISSION VIEJO RIDING PARK, SAN JUAN CAPISTRANO PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (2) APPROVING
THE PROPOSED STORMWATER INFILTRATION SYSTEM AND
MONITORING PROGRAM ANALYZED IN THE ADDENDUM AS
FUNCTIONALLY EQUIVALENT TO THE STORMWATER CAPTURE AND
TREATMENT SYSTEM THAT WAS ANALYZED IN THE PREVIOUSLY
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ADOPTED INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND
IDENTIFIED IN THE GROUND LEASE BY AND BETWEEN THE CITY OF SAN
JUAN CAPISTRANO AND ACTION SPORTS MANAGEMENT GROUP, LLC DBA THE RIDLAND GROUP.”
F2a. FISCAL YEAR 2024-25 PARKING FUND BUDGET INCREASED BY $100,000
TO COVER THE COST OF A PARKING MANAGEMENT STUDY, APPROVED (570.60)
Public Correspondence: Heather Chapman, Unidos South OC; Miriam Zuniga, Community Leader Coalition; and, Lucia Lopez, City resident (submitted 2 correspondences).
Council Member Taylor recused himself due to the proximity to his residence.
Tom Toman, Public Works and Community Services Director, provided an agenda report and responded to questions.
Public Comments: Heather Chapman, City resident; City resident, no name provided; Ester Ocampo, City resident; Ingrid Martinez, City resident; and, Lucia Martines, City resident.
Council Action: Moved by Council Member Campbell, seconded by Council Member Hart, and carried 4-0 with Council Member Taylor recused to increase the Fiscal Year 2024-25 Parking Fund Budget by $125,000 to cover the cost of a Parking Management Study and expand the scope of the study to review a 24- hour period.
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)
COUNCIL ACTION ITEMS:
H1. STAFF DIRECTED TO ANALYZE THE FEASIBILITY OF A MEMORIAL STRUCTURE AT VETERANS PARK (920.40)
Council Member Taylor provided an agenda report and responded to questions. Public Comments: Harry Steelman, City resident; and Steve Behmerwohld, City resident.
Council Action: Moved by Council Member Hart, seconded by Council Member Campbell, and carried unanimously to direct staff to analyze the feasibility of a memorial structure at Veterans Park.
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CITY COUNCIL REPORTS:
Council Member Hart recognized city staff and Orange County Sheriff’s deputies for their investigation of illicit activities that resulted with the revoked business license of an acupuncture establishment.
CITY MANAGER REPORT: None.
ADJOURNMENT:
There being no further business Mayor Farias adjourned the meeting at 8:13 p.m. to Tuesday, August 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 Community Center – 25925 Camino Del Avion.
Respectfully submitted,
___________________________
CHRISTY JAKL, CITY CLERK
Approved: August 20, 2024
ATTEST:
___________________________
SERGIO FARIAS, MAYOR