22-0118_CC_Minutes_Regular MeetingMINUTES
January 18, 2022
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Reeve called the Regular Meeting of January 18, 2022, of the City Council of the
City of San Juan Capistrano to order at 5:21 p.m. Mayor Pro Tem Hart led the Pledge
of Allegiance and Council Member Bourne gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Derek Reeve, Mayor Pro Tem Howard Hart
and Council Members Troy Bourne (left at 6:49 p.m.), Sergio Farias, and John Taylor
(arrived at 5:27 p.m.).
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: Meeting dedicated in memory of Ilse Byrnes, longtime
resident, volunteer and community leader.
INTRODUCTIONS: Mayor Pro Tem Hart introduced: Anna Dickinson, Cultural Heritage
Commission; and David Faultersack, to be appointed member of the Citizens' Bond
Oversight Ad -Hoc Committee.
ORAL COMMUNICATIONS:
■ Frank Larkin, City resident.
PUBLIC HEARINGS: None.
CONSENT CALENDAR:
Council Action: Moved by Council Member Taylor, seconded by Council Member
Bourne, and carried unanimously to approve consent calendar items E1 through E7, E9
and E11 through E17, as recommended by staff, with Council Member Taylor abstained
from item E7.
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 DECEMBER 7, 2021
(CLOSED SESSION), APPROVED
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E4. CITY COUNCIL MINUTES - REGULAR MEETING OF DECEMBER 7, 2021,
APPROVED
E5. CHECK REGISTERS FOR THE PERIOD FROM NOVEMBER 5, 2021, TO
DEC EM AND =FIL-ED=(300:30)=
E6. FISCAL YEAR 2021-22 FIRST QUARTER FINANCIAL REPORT, RECEIVE
AND FILED; AND, PROPOSED ADJUSTMENTS (AS OUTLINED IN
ATTACHMENT 5 OF THE AGENDA REPORT) TO THE CITY'S OPERATING
AND CAPITAL IMPROVEMENT PROGRAM BUDGETS, APPROVED (330.20)
E7. ORDINANCE 1095 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING CODE AMENDMENT (CA) 20-002 TO AMEND THE LOS RIOS
SPECIFIC PLAN (SP) 78-01 TO ADD ACCESSORY USE PERMIT FOR ONLY
THE TWO FOOD ESTABLISHMENTS THAT CURRENTLY HAVE
ACCESSORY USE PERMITS (THE TEA HOUSE AND RAMOS CAFE) TO THE
HISTORIC RESIDENTIAL (HR) DISTRICT (APPLICANTS: PHILLIP
SCHWARTZE, PRA GROUP AND DAMIAN OROZCO, ALLAN NICCOLA AND
CLAUDIA NICCOLA), AND DETERMINE THAT NO FURTHER CEQA REVIEW
IS REQUIRED."
Council Member Taylor abstained due to proximity to his residence.
E8. REVISED REGULAR MEETING SCHEDULE REVISED BY CANCELLING THE
CITY COUNCIL MEETINGS OF JULY 5, 2022, NOVEMBER 15, 2022,
DECEMBER 20, 2022, AND JANUARY 3, 2023; RESCHEDULE THE CITY
COUNCIL MEETING OF JUNE 7, 2022, TO TUESDAY, JUNE 14, 2022;
ADDING A CITY COUNCIL MEETNG ON FEBRUARY 8, 2022, AND MARCH 8,
2022; AND RESCHEDULE THE CITY COUNCIL MEETING OF DECEMBER 6,
2022, TO TUESDAY DECEMBER 13, 2022 (610.15)
Benjamin Siegel, City Manager, provided a report.
Council Action: Moved by Mayor Pro Tem Hart, seconded by Council Member
Farias, and carried unanimously to revised regular meeting schedule by
cancelling the City Council meetings of July 5, 2022, November 15, 2022,
December 20, 2022, and January 3, 2023; reschedule the City Council meeting
of June 7, 2022, to Tuesday, June 14, 2022; add a City Council meeting on
February 8, 2022, and March 8, 2022; and, reschedule the City Council meeting
of December 6, 2022, to Tuesday, December 13, 2022.
E9. RESOLUTION 22-01-18-01 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 20-01-21-01"
(320.10)
2 1/18/2022
E10. MAYOR'S SUBCOMMITTEE RECOMMENDATIONS, RECEIVED; AND,
EJ CONSTANTINE, GERALD GAMBLE, DAVID FAULTERSACK,
ALAN FENNING, AND JOHN HARPER APPOINTED TO THE CITIZENS' BOND
OVERSIGHT AD-HOC COMMITTEE TO SERVE A TWO YEAR TERM, WITH
TERMS ENDING DECEMBER 31, 2023 (340.20)
Council Action: Moved by Mayor Pro Tem Hart, seconded by Council Member
Farias, and carried unanimously to receive the Mayor's Subcommittee
recommendations, and appoint EJ Constantine, Gerald Gamble,
David Faultersack, Alan Fenning, and John Harper to serve a two (2) year term,
with terms ending December 31, 2023; with correction to the agenda report that
the Mayor's Sub -committee was comprised of Mayor Pro Tem Hart and
Council Member Bourne.
E11. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
E12. CITY MANAGER AUTHORIZED TO EXECUTE A DENSITY BONUS HOUSING
AGREEMENT AND ASSOCIATED DOCUMENTS WITH ARROYO CAP II -1,
LLC FOR THE PROVISION OF 14 AFFORDABLE UNITS AS PART OF THE
PETA AVELINA RESIDENTIAL COMMUNITY (600.30)
E13. DONATION ACCEPTED FROM THE LOCAL CHAPTER CITIZENS CLIMATE
EDUCATION TO PURCHASE AND PLANT A 24' BOX TOYON TREE IN THE
REATA PARK ARBORETUM (150.10)
E14. APPROPRIATION OF $150,000 FROM THE GENERAL FUND FOR COSTS
ASSOCIATED WITH THE PREPARATION OF DETAILED SCHEMATIC PLANS
FOR THE PROPOSED NEW CITY HALL FACILITY, APPROVED; CITY
MANAGER AUTHORIZED TO PREPARE A LETTER AGREEMENT WITH
JAMBOREE HOUSING CORPORATION SPECIFYING USE OF THE FUND
AND TERMS OF REIMBURSEMENT (600.30)
E15. RESOLUTION 22-01-18-02 ADOPTED ENTITLED "RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO WAIVE THE
FORMAL REQUEST FOR PROPOSAL/REQUEST FOR QUALIFICATION
(RFP/RFQ) PROCESS AS A NON COST-EFFECTIVE APPROACH, AND
AUTHORIZING STAFF TO PROCEED WITH AN AMENDMENT TO THE
EXISTING MAINTENANCE SERVICES AGREEMENT WITH GREEK
CONCRETE, INC., FOR CONCRETE INFRASTRUCTURE, SIDEWALK, CURB
AND GUTTER MAINTENANCE AND REPAIR SERVICES"; AND CITY
MANAGER AUTHORIZED TO EXECUTE AMENDMENT 1 TO THE
MAINTENANCE SERVICES AGREEMENT WITH GREEK CONCRETE, INC.,
FOR CONCRETE INFRASTRUCTURE, SIDEWALK, AND CURB AND GUTTER
MAINTENANCE AND REPAIR SERVICES AT CURRENT UNIT PRICING FOR
AN ADDITIONAL ONE-YEAR TERM BEGINNING MARCH 1, 2022, AND
ENDING FEBRUARY 28, 2023 (600.30)
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E16
SETTLEMENT AGREEMENT WITH OPIOID DISTRIBUTORS, AMERISOURCE
BERGEN, CARDINAL HEALTH, AND MCKESSON, WHEREBY THE COUNTY
OF ORANGE WILL RECEIVE THE CITY'S DESIGNATED SHARE OF
SETTLEMENT FUNDS, AND CITY MANAGER DIRECTED TO EXECUTE ANY
DOCUMENTSNECESSARYTO IMPLEMENT—THE ACTION, APPROVED;
AND, SETTLEMENT AGREEMENT WITH OPIOID MANUFACTURER,
JANSSEN (OWNED BY JOHNSON & JOHNSON), WHEREBY THE COUNTY
OF ORANGE WILL RECEIVE THE CITY'S DESIGNATED SHARE OF THE
SETTLEMENT FUNDS, AND CITY MANAGER DIRECTED TO EXECUTE ANY
DOCUMENTS NECESSARY TO IMPLEMENT THE ACTION, APPROVED
(600.30)
E17. RESOLUTION 22-01-18-03 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY OF SAN JUAN CAPISTRANO WHICH CERTIFIES THAT THE
CITY COUNCIL HAS AUTHORIZED THE PROJECT LIST SUBMITTAL
FOR CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL
APPROPRIATIONS ACT OF 2021 (CRRSAA) FUNDING THROUGH THE
ORANGE COUNTY TRANSPORTATION AUTHORITY 2021 PAVEMENT
MANAGEMENT RELIEF FUNDING PROGRAM"
E18. STEVE MAY, PROJECT MANAGER, APPOINTED AS SECOND ALTERNATE
CITY REPRESENTATIVE TO THE SOUTH ORANGE COUNTY
WASTEWATER AUTHORITY (610.60)
ADMINISTRATIVE ITEMS:
F1. CITY MANAGER
a. RESOLUTION 22-01-18-04 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
FINDING AND DECLARING THAT CERTAIN REAL PROPERTY (PORTION OF
LA NOVIA PARCEL) IS NON-EXEMPT SURPLUS LAND, APPROVING THE
FORM OF NOTICE OF AVAILABILITY THEREFOR, AUTHORIZING THE CITY
MANAGER TO COMPLY WITH THE SURPLUS LAND ACT, AND FINDING THE
FOREGOING CATEGORICALLY EXEMPT FROM CEQA REVIEW' (670.70)
Matisse Reischl, Senior Management Analyst, provided a PowerPoint
presentation and responded to questions.
Council Action: Moved by Mayor Pro Tem Hart, seconded by Council Member
Taylor, and carried unanimously to adopted RESOLUTION 22-01-18-04 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, FINDING AND DECLARING THAT CERTAIN
REAL PROPERTY (PORTION OF LA NOVIA PARCEL) IS NON-EXEMPT
SURPLUS LAND, APPROVING THE FORM OF NOTICE OF AVAILABILITY
THEREFOR, AUTHORIZING THE CITY MANAGER TO COMPLY WITH THE
SURPLUS LAND ACT, AND FINDING THE FOREGOING CATEGORICALLY
EXEMPT FROM CEQA REVIEW."
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SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS:
H1. LIST OF STREET NAMING OPTIONS (ATTACHED IN THE MEMORANDUM
REPORT) FOR THE SEGMENT OF ORTEGA HIGHWAY FROM DEL OBISPO
STREET TO CAMINO CAPISTRANO TO BE SENT TO THE CULTURAL
HERITAGE COMMISSION FOR THEIR REVIEW AND BRING FORTH A
RECOMMENDATION TO THE CITY COUNCIL OF AT LEAST THREE NAMES
THAT MUST INCLUDE THE WORD "MISSION;" AND STAFF DIRECTED TO
REACH OUT TO AFFECTED BUSINESS OWNERS OF THE POSSIBLE NAME
CHANGE (820.80)
Mayor Reeve provided an agenda report.
Council Action: Moved by Mayor Reeve, seconded by Council Member Taylor,
and carried unanimously to send the list of street naming options (attached in the
memorandum report) for the segment of Ortega Highway from Del Obispo Street
to Camino Capistrano to the Cultural Heritage Commission for their review and
bring forth a recommendation to the City Council of at least three names that
must include the word "Mission;" and direct staff to reach out to affected business
owners of the possible name change.
H2. INITIAL DEADLINE OF SIX MONTHS EXTENDED TO 12 MONTHS
(APPROVED BY THE CITY COUNCIL ON DECEMBER 7, 2021), FOR THE
CULTURAL HERITAGE COMMISSION TO ACCEPT INPUT FROM THE
COMMUNITY FOR A NEW CITY SEAL; AND CULTURAL HERITAGE
COMMISSION DIRECTED TO INCLUDE IN THE NEW CITY SEAL DESIGN
RECOMMENDATION ASPECTS OF THE SAN JUAN CAPISTRANO MISSION
AND NATIVE AMERICAN HISTORY (120.10)
Mayor Reeve provided an agenda report.
Y Public Comments: Frank Larkin, City resident.
Mayor Reeve made a motion to direct staff to spend no more than $10,000 to
hire a graphic designer to develop City Seal options that would be presented to
the Cultural Heritage Commission for their review and feedback back to the
graphic designer for further amendments, then present options to the
City Council no later than the end of the 2022 Summer; City Seal presented at
the December 7, 2021, not be adopted; and that the new proposed City seal
include the City's history be reflected including the San Juan Capistrano Mission
and Native American history, but motion failed for a lack of a second.
Council Member Taylor amended the motion to start with the community input
first before hiring a graphic designer, but motion failed for a lack of a second.
5 1/18/2022
Council Member Farias made a motion seconded by Council Member Bourne
to extend the initial deadline of six months to 12 months (approved by the
City Council on December 7, 2021), for the Cultural Heritage Commission to
accept input from the community for a new City seal.
Mayor Reeve made a substitute to terminate the 6 -month deadline; send to the
Cultural Heritage Commission for their recommendation and bring back to the
City Council by summertime, preferably by spring if possible; and if at that time
the City Council cannot agree with a City seal design brought forth by the Cultural
Heritage Commission, to retain the ability to hire an independent designer, but
motion failed due to lack of second.
15{ Council Action: Moved by Council Member Farias, seconded by Council
Member Bourne, and carried 4-1 with Mayor Reeve opposed to extend the initial
deadline of six months to 12 months (approved by the City Council on December
7, 2021), for the Cultural Heritage Commission to accept input from - the
community for a new City seal.
ROLL CALL:
AYES: COUNCIL MEMBER: Bourne, Farias, Taylor, and Mayor Pro Tem Hart
NOES: COUNCIL MEMBER: Mayor Reeve
ABSENT: COUNCIL MEMBER: None
2nd Council Action: Moved by Mayor Reeve, seconded by Council Member
Taylor, and carried 3-1-0 with Council Member Farias opposed and Council
Member Bourne absent to direct the Cultural Heritage Commission to include in
the new City seal design recommendation aspects of the San Juan Capistrano
Mission and Native American history.
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Hart and Mayor Reeve
NOES: COUNCIL MEMBER: Farias
ABSENT: COUNCIL MEMBER: Bourne
CITY COUNCIL REPORTS: None.
CITY MANAGER REPORT: None.
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ADJOURNMENT -
There being no further business Mayor Reeve adjourned the meeting all
6:55 p..m. to Tuesday, February 1, 2022, at 4:00 p.m. for Closed Session, and 5:00 p.m.
forth public' usiness Session, in the City Council Chamber.
Resp ubmitted,
M RP MORRIS, CI , CLERK
Approved: February 1, 2022
DEREK REEVE, MAYOR
7 1/18/2022