MINUTES
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 DECEMBER 16, 2021, RECEIVED AND FILED (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 CAFÉ) 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)
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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)
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 |I-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 DOCUMENTS NECESSARY TO 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 TOl 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.
• 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.
1st 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 at 7 6:55 p.m. to Tuesday, February 1, 2022, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public Business Session, in the City Council Chamber.
Respectfülly submitted,
MARIA MORRIS, CITY CLERK
Approved: February 1, 2022
'Jerek Reave
DEREK REEVE, MAYOR
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