MINUTES
June 21, 2022
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Reeve called the Regular Meeting of June 21, 2022, of the City Council of the City of San Juan Capistrano to order at 5:44 p.m. Council Member Farias led the Pledge of Allegiance and Mayor Pro Tem Hart gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Derek Reeve, Mayor Pro Tem Howard Hart and Council Members Troy Bourne, Sergio Farias, and John Taylor.
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.
INTRODUCTIONS:
B1. MAYOR PRO TEM HART INTRODUCED: Anna Dickinson, Cultural Heritage Commission; and Ted Rosenfeldt, Parks, Equestrian and Community Services Commission.
B2. MAY THROUGH AUGUST PROCLAIMED AS "DROWNING PREVENTION AWARENESS SEASON"
ORAL COMMUNICATIONS: None.
PUBLIC HEARINGS:
D1. RESOLUTION NO. 22-06-21-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA DENYING THE APPEAL OF, AND AFFIRMING THE PLANNING
COMMISSION ADOPTION OF A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING OF
GRADING PLAN MODIFICATION (GPM) 19-023, TO CREATE A BUILDING
PAD FOR THE DEVELOPMENT OF A SINGLE-FAMILY RESIDENCE WITH
ATTACHED GARAGE, POOL, AND HARDSCAPE ON A VACANT PARCEL LOCATED ON AVENIDA CALIFORNIA IDENTIFIED AS APNS 675-081-11 AND 675-081-25 (APPLICANT: RRM DESIGN GROUP, MATTHEW OTTOSON)" (420.60)
• Public Correspondence: Due to high volume of correspondence received, correspondence is kept in the City Clerk's Office and is also available as enclosures to the Agenda Report on the City's Website.
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Laura Stokes, Housing Supervisor/Associate Planner, provided a PowerPoint presentation and responded to questions. Jane Abzug, Legal Counsel, responded to questions.
Mayor Reeve opened the puble hearing.
• Public Testimony: Bill Roberts, City resident; Pete Elmore, City resident; Lydia Lin, City resident; Mike Habbas, City resident; Roxane Elmore, City resident (did not wish to speak, but instead register her position for the record); Mike West, City resident; Omar, no last name provided - Ocean Hills Development; Anonymous; and Sandra McCulley, City resident.
Mayor Reeve closed the public hearing.
Council Action: Moved by Council Member Farias, seconded by Council Member Taylor, and carried 4-1 with Mayor Reeve opposed to adopt RESOLUTION NO. 22-06-21-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA DENYING THE APPEAL OF, AND
AFFIRMING THE PLANNING COMMISSION ADOPTION OF A CATEGORICAL
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING OF GRADING PLAN MODIFICATION (GPM) 19-023, TO
CREATE A BUILDING PAD FOR THE DEVELOPMENT OF A SINGLE-FAMILY
RESIDENCE WITH ATTACHED GARAGE, POOL, AND HARDSCAPE ON A
VACANT PARCEL LOCATED ON AVENIDA CALIFORNIA IDENTIFIED AS APNS 675-081-11 AND 675-081-25 (APPLICANT: RRM DESIGN GROUP, MATTHEW OTTOSON)."
ROLL CALL:
AYES: COUNCIL MEMBER: Bourne, Taylor, Farias, and Mayor Pro Tem Hart NOES: COUNCIL MEMBER: Mayor Reeve
ABSENT: COUNCIL MEMBER: None
CONSENT CALENDAR:
Council Action: Moved by Council Member Taylor, seconded by Mayor Pro Tem Hart, and carried unanimously to approve consent calendar items E1 through E15, as recommended by staff, with Council Member Bourne abstained from item E4, and Council Member Farias abstained from item E10.
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 JUNE 7, 2022 (EXECUTIVE SESSION), APPROVED
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E4. CITY COUNCIL MINUTES - REGULAR MEETING OF JUNE 7, 2022,
APPROVED
ROLL CALL:
AYES: COUNCIL MEMBERS: Taylor, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Bourne
E5. CHECK REGISTERS FOR THE PERIOD FROM MAY 6, 2022, TO MAY 19, 2022, RECEIVED AND FILED (300.30)
E6. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
APRIL 30, 2022, RECEIVED AND FILED (350.30)
E7. FIVE YEAR PROFESSIONAL SERVICES AGREEMENT FOR MERCHANT
SERVICES WITH HEARTLAND PAYMENT SYSTEMS, LLC, WITH UP TO TWO
ONE-YEAR OPTIONS FOR RENEWAL AT THE DISCRETION OF STAFF, APPROVED; AND AMENDMENT TO THE AGREEMENT WITH THE EXISTING
PROVIDER OF MERCHANT SERVICES TO EXTEND THE TERM OF THAT AGREEMENT TO JULY 15 TO PROVIDE FOR AN ORDERLY TRANSITION TO THE NEW PROVIDER, APPROVED (600.30)
E8. ORDINANCE 1100 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 4 (SUBDIVISIONS) OF TITLE 9 (LAND USE) TO ADD ARTICLE 7 (URBAN LOT SPLITS ALLOWED BY SB 9) AND AMENDING ARTICLE 5 (SUPPLEMENTAL DISTRICT REGULATIONS) OF TITLE 9 (LAND USE) TO ADD SECTION 9-3.538 (RESIDENTIAL TWO-UNIT PROJECTS ALLOWED BY SB 9); AND FINDING THE ACTION TO BE EXEMPT FROM CEQA" (420.30)
E9. ORDINANCE 1101 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE CITY'S LAND USE CODE REGULATING ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO
ENSURE CONSISTENCY WITH STATE REGULATIONS; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA" (420.30)
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E10. ORDINANCE 1102 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF_THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTIONS OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE: SECTION 4-6.322 OF TITLE 4 REGARDING ON AND OFF STREET PARKING FOR PERSONS WITH A DISABILITY; SECTION 5-21.04 and SECTION 5-21.06 OF TITLE 5 REGARDING ALLOWED ACTIVITIES WITHIN CITY PARKS; SECTION 6-3.08.03 (5) OF TITLE 6 REGARDING
CONSTRUCTION DEMOLITION DEBRIS; SECTION 7-4.03 OF TITLE 7
REGARDING ERECTING AND MAINTAINING STRUCTURES WITHIN THE PUBLIC RIGHT-OF-WAY; SECTION 7-5.01 OF TITLE 7 REGARDING
STANDARD SPECIFICATIONS FOR THE CONSTRUCTION AND REPAIR OF CITY STREETS" (420.30/820.10)
Council Member Farias abstained due to proximity to his residence.
ROLL CALL:
AYES: COUNCIL MEMBERS: Bourne, Taylor, Hart, and Mayor Reeve NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Farias
E11. MAYORAL SUBCOMMITTEE'S RECOMMENDATION, RECEIVED; AND
ANNA DICKINSON APPOINTED TO FILL THE VACANT PLANNING
COMMISSION POSITION, WITH A TERM ENDING MARCH 31, 2023 (110.20) E12. VACANCY DECLARED ON THE PARKS, EQUESTRIAN AND COMMUNITY SERVICES COMMISSION; AND CITY CLERK DIRECTED TO PREPARE AND POST APPROPRIATE NOTICE TO SOLICIT APPLICATIONS (110.20) E13. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.10)
E14. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH CSG
CONSULTANTS, INC. (CSG) FOR BUILDING/GRADING INSPECTION, AND
RELATED SERVICES, THEREBY EXTENDING THE TERM OF THE
AGREEMENT TO JUNE 30, 2023, AND AMOUNT INCREASED TO THE NOT- TO-EXCEED OF $311,980 (600.30)
E15. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 3 TO THE PERSONAL SERVICES AGREEMENT WITH ACCELERATED IMAGING, INC.
FOR IMAGING/SCANNING SERVICES RELATED TO CITY RECORDS,
THEREBY EXTENDING THE TERM OF THE AGREEMENT TO JUNE 30, 2023,
AND REVISING THE COMPENSATION LIMIT OF THE AGREEMENT TO
REFLECT THE APPROVED BUDGET AMOUNT FOR IMAGING/SCANNING SERVICES; AND DEVELOPMENT SERVICES DEPARTMENT FISCAL YEAR 2022-23 BUDGET AMOUNT FOR IMAGING/SCANNING FROM INCREASED FROM $28,000 TO $78,000 (600.30)
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E16. MEMORIAL DONATION REQUEST FROM TED ROSENFELDT, ON BEHALF
OF THE PARKS, EQUESTRIAN AND COMMUNITY SERVICES
COMMISSIONERS, TO INSTALL AN OAK TREE AND BRONZE PLAQUE IN REATA PARK, APPROVED (150.65)
Charlie View, Assistant City Manager, provided an agenda report. • Public Comments: Ted Rosenfeldt, Parks, Equestrian and Community Services Commission.
Council Action: Moved by Council Member Taylor, seconded by Council Member Bourne, and carried unanimously to approve the Memorial donation request from Ted Rosenfeldt, on behalf of the Parks, Equestrian and Community Services Commissioners, to install an oak tree and bronze plaque in Reata Park.
ADMINISTRATIVE ITEMS:
F1. PUBLIC WORKS
a. CONSTRUCTION CONTRACT FOR THE CAMINO CAPISTRANO PAVEMENT REHABILITATION PROJECT (CIP 19102) AWARDED TO THE LOWEST RESPONSIBLE BIDDER, R.J. NOBLE COMPANY, IN THE AMOUNT OF $7,918,241, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
CONTRACT AND APPROVE CHANGE ORDERS, INCLUDING PAVEMENT
REHABILITATION EFFORTS FOR SAN JUAN CREEK ROAD IMMEDIATELY
EAST OF CAMINO CAPISTRANO TO VALLE ROAD (AND POTENTIALLY
SEGMENTS OF VALLE ROAD), PENDING FUNDING AVAILABILITY, FOR A TOTAL CONSTRUCTION CONTINGENCY NOT TO EXCEED $1,590,000; AND
AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC. IN THE
AMOUNT OF $89,000 FOR MATERIAL TESTING AND INSPECTION
SUPPORT SERVICES DURING CONSTRUCTION OF THE PROPOSED
PROJECT. THIS AMOUNT INCLUDES A 10% CONTINGENCY (600.30) Joe Parco, City Engineer, provided a PowerPoint presentation and responded to questions.
Council Action: Moved by Council Member Bourne, seconded by Mayor Pro Tem Hart, and carried unanimously to award a Construction Contract for the Camino Capistrano Pavement Rehabilitation Project (CIP 19102) to the lowest responsible bidder, R.J. Noble Company, in the amount of $7,918,241, and authorize the City Manager to execute the contract and approve change orders, including pavement rehabilitation efforts for San Juan Creek Road immediately east of Camino Capistrano to Valle Road (and potentially segments of Valle Road), pending funding availability, for a total construction contingency not to exceed $1,590,000; and authorize the City Manager to execute a Professional Services Agreement with GMU Geotechnical, Inc. in the amount of $89,000 for material testing and inspection support services during construction of the proposed project. This amount includes a 10% contingency. 5 6/21/2022
F2. CITY MANAGER
a. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED ENTITLED "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING CHAPIER 32 "UNLAWFUL PUSSESSIUN UF A CATALYTIC CONVERTER" TO TITLE 5 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY" (580.10)
Matisse Reischl, Senior Management Analyst, provided a PowerPoint presentation and responded to questions.
Maria Morris, City Clerk, read the title of the ordinance.
Counci Action: Moved by Council Member Taylor, seconded by Council Member bourne, and carried unanimously to approve the introduction and first reading of an ordinance entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING CHAPTER 32 "UNLAWFUL
POSSESSION OF A CATALYTIC CONVERTER" TO TITLE 5 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE ESTABLISHING REgULATIONS PROHIBITING THE UNLAWFUL POSSESSION Of CATALYTIC
CONVERTERS IN THE CITY."
F2b. RESOLUTION NO. 22-06-21-02 ADOPTED ENTITLED "A RESOLUTION OF THE_CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, FINDING THAT THE PUBLIC INTEREST AND CONVENIENCE
REQUIRE THE SALE OF CERTAIN REAL PROPERTY (PORTION OF APN 668-101-23), DECLARING ITS INTENT TO SELL SUCH PROPERTY, AND SETTING A HEARING DATE FOR CONSIDERATION OF PROTESTS" (670.70) Charlie View, Assistant City Manager, provided a PowerPoint presentation and responded to questions.
CooTer Hat and carried unanimously door
22-06-21-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING THAT THE PUBLIC
INTEREST AND CONVENIENCE REQUIRE THE SALE OF CERTAIN REAL PROPERTY (PORTION OF APN 668-101-23), DECLARING ITS INTENT TO
SELL SUCH PROPERTY, AND SETTING A HEARING DATE FOR
CONSIDERATION OF PROTESTS."
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) 6 6/21/2022
SAN JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY (Refer to Public Financing Authority Minutes)
SEWER MAINTENANCE DISTRICT NO. 1 (Refer to Sewer Maintenance District No. 1 Minutes)
COUNCIL ACTION ITEMS:
11. NEWICITY SEAL TO HAVE A REFLECTION OF A SPLIT TAL SWALLOWIS Mayor Reeve provided a report.
Council Action: Moved by Mayor Reeve, seconded by Mayor Pro Tem Hart and carried 3-1-1 with Council Member Bourne abstained and Council Member Farias opposed for the new City Seal to have a reflection of a split tail swallow(s).
ROLL CALL:
COUNCIL MEMBERS: Taylor, Hart, and Mayor Reeve
COUNCIL MEMBERS: Farias
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Bourne
J2. PROHIBITION ON NEW DRIVE THROUGH RESTAURANTS ON DEL OBISPO STREET (420.30) - NO ACTION TAKEN
Mayor Reeve provided a report.
CITY COUNCIL REPORTS:
• Mayor Pro Tem Hart thanks staff and volunteers for a great Summer Nites Concert.
• Council Member Taylor reported on a Vector Control meeting regarding National Mosquito Month.
• Mayor Reeve wished everyone a happy Fourth of July.
CITY MANAGER REPORT: None.
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at 8:26 p.m. to Tuesday, July 19, 2022, at 4:00 p.m. for an Executive Session, and 5:00 p.m. for the public Business Session, in the City Council Chamber. 7 6/21/2022
Respectuly submited,
MARIA MORRIS, CITY CLERK
Approved: July 19, 2022
TEST:
Derek Reave
DEREK REEVE, MAYOR
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