22-1213_CC_Minutes_Adjourned Regular Meeting1 12/13/2022
MINUTES
December 13, 2022
SAN JUAN CAPISTRANO CITY COUNCIL
ADJOURNED REGULAR MEETING
BUSINESS SESSION:
Mayor Pro Tem Hart called the Adjourned Regular Meeting of December 13, 2022, of
the City Council of the City of San Juan Capistrano to order at 5:02 p.m. Council Member
Farias 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.
MEETING DEDICATION: Meeting dedicated in Memory of former
San Juan Capistrano Mayor and Councilmember James K. Weathers.
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. COMMISSIONER INTRODUCTION: Anna Dickinson, Cultural Heritage
Commission and Planning Commission; Tami Wilhelm, Planning Commission;
and, Ted Rosenfeldt, Parks, Equestrian and Community Services Commission.
JOINT CITY COUNCIL, HOUSING AUTHORITY AND SUCCESSOR AGENCY
REORGANIZATION:
C1. PUBLIC COMMENTS REGARDING AGENDA ITEMS C-2 THROUGH C-10:
NONE.
C2. DEREK REEVE RECOGNIZED FOR HIS SERVICE AND CONTRIBUTIONS AS
SAN JUAN CAPISTRANO MAYOR AND CITY COUNCIL MEMBER
C3. OUTGOING COUNCIL MEMBER DEREK REEVE PROVIDED REMARKS
C4. RESOLUTION 22-12-13-01 ADOPTED CERTIFYING THE RESULTS OF THE
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022 (630.20)
Maria Morris, City Clerk, provided an agenda report.
2 12/13/2022
Council Action: Moved by Council Member Taylor, seconded by Council Member
Farias, and carried 3-0 with Council Member Bourne and Mayor Reeve absent
to adopt RESOLUTION NO. 22-12-13-01 entitled: “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION FOR
DISTRICT 3 HELD ON NOVEMBER 8, 2022, DECLARING THE RESULT AND
SUCH OTHER MATTERS AS PROVIDED BY LAW.”
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Farias, and Mayor Pro Tem Hart
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne and Mayor Reeve
C5. OATH OF OFFICE ADMINISTERED TO NEWLY APPOINTED COUNCIL
MEMBER JOHN TAYLOR (DISTRICT 4) AND NEWLY ELECTED COUNCIL
MEMBER JOHN CAMPBELL (DISTRICT 3)
Maria Morris, City Clerk, administered the Oaths of Office.
C6. REMARKS PROVIDED BY NEWLY SEATED COUNCIL MEMBERS
JOHN TAYLOR, AND JOHN CAMPBELL
C7. HOWARD HART SELECTED TO SERVE AS MAYOR AND
SERGIO FARIAS SELECTED TO SERVE AS MAYOR PRO TEM OF THE
CITY OF SAN JUAN CAPISTRANO CITY COUNCIL, TERMS ENDING
DECEMBER 5, 2023
Maria Morris, City Clerk, called for nominations for the office of Mayor.
Council Action: Moved by Council Member Farias, seconded by
Council Member Taylor, and carried 4-0 with Council Member Bourne absent to
select Howard Hart as Mayor, term ending December 5, 2023.
ROLL CALL:
AYES: COUNCIL MEMBER: Campbell, Taylor, Farias, and Mayor Pro Tem Hart
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
Maria Morris, City Clerk, called for nominations for the office of
Mayor Pro Tem.
Council Action: Moved by Mayor Hart, seconded by Council Member Taylor, and
carried 4-0 with Council Member Bourne absent to select Sergio Farias as
Mayor Pro Tem, term ending December 5, 2023.
3 12/13/2022
ROLL CALL:
AYES: COUNCIL MEMBER: Campbell, Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
C8. JOHN CAMPBELL SELECTED TO SERVE AS CHAIR AND JOHN TAYLOR
SELECTED TO SERVE AS VICE-CHAIR OF THE CITY OF SAN JUAN
CAPISTRANO HOUSING AUTHORITY, TERMS ENDING DECEMBER 5, 2023
Maria Morris, Commission Secretary, called for nominations for Chair.
Commission Action: Moved by Commissioner Taylor, seconded by
Commissioner Farias, and carried 4-0 with Vice-Chair Bourne absent to select
John Campbell as Chair, term ending December 5, 2023.
ROLL CALL:
AYES: COMMISSIONERS: Campbell, Taylor, Farias, and Chair Hart
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Vice-Chair Bourne
Maria Morris, Commission Secretary, called for nominations for Vice-Chair.
Commission Action: Moved by Commissioner Hart, seconded by
Commissioner Farias, and carried 4-0 with Vice-Chair Bourne absent to select
John Taylor as Vice-Chair, term ending December 5, 2023.
ROLL CALL:
AYES: COMMISSIONERS: Campbell, Farias, Hart, and Chair Taylor
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Vice-Chair Bourne
C9. SERGIO FARIAS SELECTED TO SERVE AS CHAIR AND TROY BOURNE
SELECTED TO SERVE AS VICE-CHAIR OF THE SUCCESSOR AGENCY TO
THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY,
TERMS ENDING DECEMBER 5, 2023
Maria Morris, Agency Secretary, called for nominations for Chair.
Board Action: Moved by Vice-Chair Taylor, seconded by Board Member Hart,
and carried 4-0 with Chair Bourne absent to select Sergio Farias as Chair, term
ending December 5, 2023.
ROLL CALL:
AYES: BOARD MEMBERS: Campbell, Hart, Farias and Vice-Chair Taylor
NOES: BOARD MEMBERS: None
ABSENT: BOARD MEMBERS: Chair Bourne
4 12/13/2022
Maria Morris, Agency Secretary, called for nominations for Vice-Chair.
Board Action: Moved by Board Member Hart, seconded by
Vice-Chair Taylor, and carried 4-0 with Board Member Bourne absent to select
Troy Bourne as Vice-Chair, term ending December 5, 2023.
ROLL CALL:
AYES: BOARD MEMBERS: Campbell, Hart, Taylor, and Chair Farias
NOES: BOARD MEMBERS: None
ABSENT: BOARD MEMBERS: Bourne
C10. REMARKS PROVIDED BY NEWLY APPOINTED MAYOR PRO TEM
FARIAS AND MAYOR HART
ORAL COMMUNICATIONS:
• Frank Larkin, City resident (presented a video); Susan Bach, City resident; and
Maryann Tucker, San Clemente resident.
PUBLIC HEARINGS: None.
CONSENT CALENDAR:
Council Action: Moved by Mayor Pro Tem Farias, seconded by Council Member Taylor,
and carried 4-0 with Council Member Bourne absent to approve consent calendar items
F1 through F16, as recommended by staff, with Council Member Campbell abstained
from consent calendar F3 and F4; and Council Member Taylor abstained from consent
calendar F14.
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Campbell, Farias, and Mayor Hart
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
F1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
F2. 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
F3. CITY COUNCIL MINUTES – ADJOURNED REGULAR MEETING OF
NOVEMBER 14, 2022 (EXECUTIVE SESSION), APPROVED
5 12/13/2022
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
ABSTAINED: COUNCIL MEMBER: Campbell
F4. CITY COUNCIL MINUTES – ADJOURNED REGULAR MEETING OF
NOVEMBER 14, 2022, APPROVED
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
ABSTAINED: COUNCIL MEMBER: Campbell
F5. CHECK REGISTERS FOR THE PERIOD FROM OCTOBER 7, 2022, TO
NOVEMBER 17, 2022, RECEIVED AND FILED (300.30)
F6. CASH AND INVESTMENTS REPORT FOR THE MONTH ENDED
SEPTEMBER 30, 2022, RECEIVED AND FILED (330.50)
F7. RESOLUTION 22-12-13-02 ADOPTED ENTITLED “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DELEGATING TO THE CITY TREASURER/CHIEF FINANCIAL OFFICER
AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR REINVEST
CITY FUNDS, AUTHORIZING SIGNATURES AND REPEALING RESOLUTION
NO. 21-12-07-02” (320.10)
F8. ANNUAL FINANCIAL REPORT OF DEVELOPMENT IMPACT FEES AND
FINDINGS CONTAINED HEREIN, APPROVED (420.20)
F9. RESOLUTION 22-12-13-03 ADOPTED ENTITLED “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY
OF SAN JUAN CAPISTRANO FOR THE FISCAL YEAR ENDED JUNE 30, 2022”
(820.25)
F10. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
F11. PROPOSED QUALIFIED BIDDERS LIST FOR PROFESSIONAL
CONSULTANT SERVICES FOR ENGINEERING, BUILDING,
ARCHITECTURAL, PLAN CHECK, ARCHEOLOGICAL, AND
ENVIRONMENTAL SERVICES, APPROVED; CITY MANAGER AUTHORIZED
TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS, ON AN AS-
NEEDED BASIS, WITH THE FIRMS INCLUDED ON THE QUALIFIED
BIDDERS LIST, FOR AMOUNTS NOT TO EXCEED $45,000 PER PROJECT;
AND, QUALIFIED BIDDERS LIST FOR PROFESSIONAL CONSULTANT
6 12/13/2022
SERVICES FOUND CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA
GUIDELINES, SECTION 15061(B)(3) (600.30)
F12. CITY MANAGER AUTHORIZED TO EXECUTE A QUITCLAIM DEED FROM
THE COUNTY OF ORANGE FOR A PORTION OF AVENIDA LA PATA, AT THE
INTERSECTION OF AVENIDA LA PATA AND STALLION RIDGE; CITY
MANAGER AUTHORIZED TO EXECUTE TWO AMENDED AND RESTATED
EASEMENT DEEDS TO THE COUNTY OF ORANGE FOR SIDEWALK
AND SLOPE PURPOSES ALONG LA PATA AVENUE ; AND, PROPOSED
QUITCLAIM DEED AND EASEMENT AMENDMENTS WITH THE COUNTY OF
ORANGE FOUND CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES,
SECTION 15061(B)(3) (670.50)
F13. CITY MANAGER AUTHORIZED TO EXECUTE A LANDSCAPE
MAINTENANCE AGREEMENT WITH ARROYO CAP II-1 LLC (PROPERTY
OWNER) FOR THE CONSTRUCTION AND MAINTENANCE OF LANDSCAPE,
IRRIGATION, AND HARDSCAPE IMPROVEMENTS LOCATED ON PUBLIC
PROPERTY AND WITHIN THE PUBLIC RIGHT-OF-WAY THAT SERVES AS
PUBLIC BENEFIT WITHIN AND ADJACENT TO TRACT 18148; CITY
MANAGER AUTHORIZED TO EXECUTE AN EASEMENT DEDICATION FROM
ARROYO CAP II-1 LLC FOR A PORTION OF PRIVATE PROPERTY WITHIN
THE PETRA AVELINA DEVELOPMENT, TRACT 18148, FOR PUBLIC
RECREATIONAL USES; CITY MANAGER AUTHORIZED TO EXECUTE AN
EASEMENT WITHIN PUBLIC PROPERTY FROM THE CITY OF SAN JUAN
CAPISTRANO TO SANTA MARGARITA WATER DISTRICT FOR PUBLIC
WATER LINE PURPOSES ADJACENT TO THE PETRA AVELINA
DEVELOPMENT; CITY MANAGER AUTHORIZED TO EXECUTE A
QUITCLAIM DEED FOR A PORTION OF PUBLIC PROPERTY FROM THE
CITY OF SAN JUAN CAPISTRANO TO SANTA MARGARITA WATER
DISTRICT FOR GROUNDWATER WELL PURPOSES ADJACENT TO PETRA
AVELINA DEVELOPMENT; AND, PROPOSED EASEMENTS, PROPERTY
DISPOSITION AND RELATED ACTIONS FOUND CONSISTENT WITH THE
TIRADOR ENVIRONMENTAL IMPACT REPORT AND DO NOT REQUIRE
ADDITIONAL CEQA REVIEW PURSUANT TO PUBLIC RESOURCES CODE,
SECTION 21166 (600.30/670.50)
F14. RESOLUTION 22-12-13-04 ADOPTED ENTITLED “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING CITY’S INTENT TO VACATE EXCESS RIGHT OF WAY
LOCATED AT 26874 OLD MISSION ROAD (FORMERLY ORTEGA HIGHWAY),
EXCEPTING AND RESERVING RIGHTS FOR EXISTING PUBLIC UTILITY
FACILITIES, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING”
(820.40)
John Taylor abstained due to proximity to his residence.
7 12/13/2022
ROLL CALL:
AYES: COUNCIL MEMBER: Campbell, Farias, and Mayor Hart
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
ABSTAINED: COUNCIL MEMBER: Taylor
F15. CITY MANAGER AUTHORIZED TO EXECUTE, SUBSTANTIALLY IN THE
FORM ATTACHED, THE FIFTH AMENDMENT TO THE RIDING PARK
MANAGEMENT AGREEMENT WITH BLENHEIM FACILITY MANAGEMENT,
LLC, FOR OPERATION OF THE CITY-OWNED RANCHO MISSION VIEJO
RIDING PARK AT SAN JUAN CAPISTRANO, LOCATED AT 30753 AVENIDA
LA PATA; AND SAID ACTION FOUND CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE
CEQA GUIDELINES SECTIONS 15301(600.30)
F16. CITY MANAGER AUTHORIZED TO EXECUTE A ONE-YEAR PROFESSIONAL
SERVICES AGREEMENT, WITH TWO OPTIONAL ONE-YEAR EXTENSIONS
AT THE CITY MANAGER’S DISCRETION, WITH GARDEN STATE
FIREWORKS INC. FOR THE 2023 FOURTH OF JULY CELEBRATION
FIREWORKS DISPLAY, FOR A TOTAL COMPENSATION OF $40,000; AND
FIND THAT THE ACTIVITY DOES NOT CONSTITUTE A PROJECT UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
STATE CEQA GUIDELINES SECTIONS 15378 AND 15061(B)(3);
COMPETITIVE BIDDING PROCESS WAIVED FOR RETENTION OF GARDEN
STATE FIREWORKS, INC. PURSUANT TO MUNICIPAL CODE SECTION
3-4.310(E) (600.30)
ADMINISTRATIVE ITEMS:
G1. PUBLIC WORKS
a. CITY MANAGER AUTHORIZED TO EXECUTE A LICENSE AGREEMENT
WITH ECOCENTER, INC. TO CONDUCT FARMING OPERATIONS AND
ENVIRONMENTAL EDUCATION ON 28.225 ACRES OF LAND LOCATED AT
32701 ALIPAZ STREET, COMMENCING ON JANUARY 1, 2023, FOR A 20-
YEAR TERM THAT MAY BE EXTENDED FOR TWO ADDITIONAL 10-YEAR
TERMS UPON THE WRITTEN REQUEST OF THE LICENSEE; AND LICENSE
AGREEMENT WITH ECOCENTER, INC. FOUND CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER
SECTION 15301 (600.30)
Tom Toman, Public Works Director, provided a PowerPoint presentation and
responded to questions.
• Public Comments: Evan Marks, The Ecology Center.
8 12/13/2022
Council Action: Moved by Mayor Pro Tem Farias, seconded by Mayor Hart, and
carried 4-0 with Council Member Bourne absent to authorize the City Manager
to execute a License Agreement with Ecocenter, Inc. to conduct farming
operations and environmental education on 28.225 acres of land located at
32701 Alipaz Street, commencing on January 1, 2023, for a 20-year term that
may be extended for two additional 10-year terms upon the written request of the
Licensee; and, find that the proposed License Agreement with Ecocenter, Inc. is
categorically exempt from the California Environmental Quality Act (CEQA) per
Section 15301.
ROLL CALL:
AYES: COUNCIL MEMBER: Campbell, Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
G2. CITY MANAGER
a.PLANS AND SPECIFICATIONS APPROVED FOR THE CONSTRUCTION OF
THE NEW PERMANENT CITY COUNCIL CHAMBER AT THE COMMUNITY
CENTER PROJECT (CIP 22302); AND, CITY MANAGER AUTHORIZED TO
APPROVE MINOR MODIFICATIONS TO THE PLANS AND SPECIFICATIONS
TO ACCOMMODATE REQUESTED REVISIONS FROM PUBLIC SAFETY AND
UTILITY AGENCIES; STAFF AUTHORIZED TO ADVERTISE AND RECEIVE
CONSTRUCTION BIDS FOR THE PROJECT; AND APPROVAL OF THE
PLANS AND SPECIFICATIONS FOUND CATEGORICALLY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE
CEQA GUIDELINES, SECTION 15301: EXISTING FACILITIES (600.30)
Matisse Reischl, Assistant to the City Manager, provided a presentation and
responded to questions. Benjamin Siegel, City Manager responded to questions.
Council Action: Moved by Council Member Taylor, seconded by Council Member
Campbell, and carried 4-0 with Council Member Bourne absent to approve plans
and specifications for the construction of the new permanent City Council
Chamber at the Community Center Project (CIP 22302); and, authorize the City
Manager to approve minor modifications to the plans and specifications to
accommodate requested revisions from public safety and utility agencies;
authorize staff to advertise and receive construction bids for the Project; and, find
that approval of the plans and specifications is categorically exempt from the
California Environmental Quality Act Pursuant to State CEQA Guidelines,
Section 15301: Existing Facilities.
ROLL CALL:
AYES: COUNCIL MEMBER: Campbell, Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
9 12/13/2022
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: None.
CITY MANAGER REPORT: Benjamin Siegel, City Manager, thanked staff for the hard
work on the transition to the new temporary City Hall and Council Chamber. He wished
everyone happy holidays.
ADJOURNMENT:
There being no further business Mayor Hart adjourned the meeting at
7:04 p.m. to Tuesday, January 17, 2023, at 3:00 p.m. for an Executive Session, and
5:00 p.m. for the public Business Session, in the City Council Chamber – 31421
La Matanza Street.
Respectfully submitted,
___________________________
MARIA MORRIS, CITY CLERK
Approved: January 17, 2023
ATTEST:
______________________________
HOWARD HART, MAYOR