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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