19-0305_CC_Minutes_Regular MeetingMINUTES
March 5, 2019
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Maryott called the Regular Meeting
City Council of the City of San Juan Capistrano
City Council Chamber. Council Member Farias led
Council Member Taylor gave the invocation.
ROLL CALL:
of March 5, 2019, of the
to order at 5:09 p.m., in the
the Pledge of Allegiance and
COUNCIL MEMBERS PRESENT: Mayor Brian L. Maryott, Mayor Pro Tem Troy Bourne,
and Council Members Derek Reeve, John Taylor and Sergio Farias.
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.
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 AND PRESENTATIONS:
B1. MAYOR PRO TEM BOURNE INTRODUCED THE FOLLOWING INDIVIDUALS
IN ATTENDANCE: Tom Perrin and Sandie Weaver, Parks, Recreation, Youth and
Senior Services, Trails and Equestrian Commission; and new City business
owner Dave Rhode, JD Flannel Donuts and Coffee.
B2. FEBRUARY 1, 2019, THROUGH APRIL 30, 2019, PROCALIMED AS
FIESTA DE LAS GOLONDRINAS; AND THE FIESTA ASSOCIATION JUDGE
CONDUCTED THE ANNUAL "HANGING OF THE MAYOR"
ORAL COMMUNICATIONS:
• Public Comments: Linda Fioreli, Laguna Niguel resident; David Weaver,
City resident; Lisa Hosinsk, City resident; Betty Ann, Henry Finegen and James
Littlejohn, Boys and Girls Clubs of Capistrano Valley (gifted to the City Council
History of the Boys and Gils Clubs of Capistrano Valley books); and, Jenny
Friess, City resident
3/5/2019
PUBLIC HEARINGS: None.
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Mayor Maryott, and
carried unanimously to approve consent calendar items E1 through E10, as
recommended by staff.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF FEBRUARY 19, 2019
(CLOSED SESSION), APPROVED
E3. CITY COUNCIL MINUTES — REGULAR MEETING OF FEBRUARY 19, 2019,
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM FEBRUARY 1, 2019, TO
FEBRUARY 14, 2019, RECEIVED AND FILED (330.30)
E5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
JANUARY 31, 2019, RECEIVED AND FILED (350.30)
E6. ORDINANCE NO. 1063 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A
CATEGORICAL EXEMPTION AND APPROVING A REQUEST TO AMEND THE
ORTEGA PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN
78-01, SECTOR A-2, SUBSECTOR 1, TO PERMIT BANQUET FACILITIES
WITH LIVE ENTERTAINMENT WITH APPROVAL OF A CONDITIONAL USE
PERMIT AT 31654, 31738, 31742, AND 31748 RANCHO VIEJO ROAD
(APN 666-261-06/07/0809 AND PORTIONS OF 666-261-13/14) (APPLICANT:
BAD TO THE BONE C/O PRS GROUP)" (420.40)
E7. EMERGENCY PURCHASE AUTHORIZATION IN THE AMOUNT OF $45,922
WITH XYLEM DEWATERING SOLUTIONS, INC. FOR RENTAL OF A
TEMPORARY PUMP AND COMPONENTS AT THE LOWER HUNT
CLUB/STEEPLECHASE PUMP STATION, RATIFIED (370.30)
E8. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT (PSA) WITH LSA ASSOCIATES,
INC. (LSA), FOR THE PREPARATION OF AN ENVIRONMENTAL DOCUMENT,
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA),
AT A COST NOT -TO -EXCEED $235,320, TO BE FUNDED BY THE APPLICANT
(600.30)
E9. MEMORIAL DONATION TO INSTALL A PEPPER TREE IN SAN JUAN CREEK
PARK ALONG SAN JUAN CREEK ROAD (CAROLINE GEORGIADES ON
BEHALF OF ST. MARGARET'S EPISCOPAL SCHOOL TROOP 757) (150.65) —
ITEM REMOVED FROM THE AGENDA BY STAFF
2 3/5/2019
E10. RESOLUTION NO. 19-03-05-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING AND ADOPTING LOCAL GUIDELINES FOR
IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(PUBLIC RESOURCES CODE §§ 21000 ET SEQ.)" (410.20)
ADMINISTRATIVE ITEMS:
F1. CITY MANAGER
a. PRESENTATIONS FROM PROPOSERS FOR THE POTENTIAL LIMITED
USE OF THE CITY -OWNED NORTHWEST OPEN SPACE, RECEIVED;
STAFF DIRECTED TO RETURN TO CITY COUNCIL FOR REVIEW AND
APPROVAL OF A REDUCED SCALE PUTUIDEM VILLAGE PROJECT
CONCEPT; AND, AN EXCLUSIVE NEGOTIATING AGREEMENT WITH
RED TAIL ACQUISITIONS, LLC, APPROVED (920.10/600.30)
• Public Correspondence: Jerry Nieblas, City resident; Joanna Clark,
City resident; Jere H. Lipps, Orange County Cooper Archaeological and
Paleontological Center; David and Jane Olinger, no place of residence
provided; Kathleen Howe, Fullerton resident; Kristen Calderon, no place of
residence provided; Alexandra, William, Katya, and Hunter Noyes, no place
of residence provided; Caroline Colesworthy, Earthroots Field School and
Journey School; Sasha Kuczynski, no place of residence provided; Angelica
Robles, no place of residence provided; Mikel Hogan, Ph.D., no place of
residence provided; Judith Fike, Mission Viejo resident; Jim Gaston, no
place of residence provided; Sylvere CM Valentin, California Cultural
Resource Preservation Alliance; Erika Jewell, no place of residence
provided; Samantha Kleam, no place of residence provided; Pat Davis,
Orange County resident; Mark and Sharon Fudge, Laguna Beach residents;
Laura Freese, City resident; Janice Pickartz, Capistrano Historical Alliance
Committee; Kerry Ferguson, City resident; Anne R. Whitehair, no place of
residence provided; Penny Elia, Laguna Beach resident; Michele Perchez,
Santee resident; Virginia Bickford, Los Alamitos resident; Michael Rotcher,
no place of residence provided; Rhen Kohan, City resident; Mike Strom,
City resident; and Carolyn Nash, City resident.
Jacob Green, Assistant City Manager, provided a PowerPoint presentation and
responded to questions. Ken AI -Imam, Chief Financial Officer, responded to
questions. Maria Morris, City Clerk, conducted a random drawing to set the order
of the presentations from the proposers.
3 3/5/2019
Tim Kihm, President of Land Acquisition and Development, Red Tail Acquisitions
and Scott Lewis, Highway West Vacations, provided a PowerPoint presentation
and responded to questions; and, Jim Adam, Principal - Adam Development,
Steve Danke, Executive Vice President — Enclose, Brian Knochenhammer,
Project Director — McCarthy Building Companies, Capistrano Vineyards, provided
a PowerPoint presentation and responded to questions. f
• Public Comments: Jane Olinger, California Cultural Resource Preservation
Alliance; Rhen Kohan, City resident; Shawna Schaffner, City resident;
Marlene Draper, City resident; Bob Cardoza, City resident; Mike Evans,
City resident; Sabrina Van Engelen, no place of residence provided; Esmee
Van Engelen, no place of residence provided; Erin Beyer, City resident;
Ed Beyer, City resident; Cody Martin, City resident; Jesse Bryan Nelson,
City resident; Tim Duffle, Lake Forest resident; Virginia Bickford, California
Cultural Resource Preservation Alliance; Matias Belardes, Juaneno Band
of Mission Indians Tribal Chairman; Joyce Stemfield Perry, City resident;
Tom Hribar, City resident; Joseph Adam, City resident; Ben Ketel,
City resident; Kerry Ferguson, City resident; Steve Behmerwohld,
City resident; Larry Kramer, City resident; David Pino, Laguna Niguel
resident; Mark Nielsen, City resident; Patricia Martz, California Cultural
Resource Preservation Alliance; Alexandra Noyes, no place of residence
provided; and, Sandie Weaver, City resident.
• The following individuals did not wish to speak, but wished to register their
position for the record: Daniel Adam, City resident; Jenna Nelson,
City resident; Jesse Oris Nelson, City resident; Mike Strom, City resident;
Brenda Adam, City resident; and, Mirandon Luang, City resident.
Mayor Pro Tem Bourne made a motion, seconded by Council Member Farias to
approve the scaled down Putuidem Village Project as planned in its reduced
format; and enter into an Exclusive Negotiating Agreement with Red Tail
Acquisitions, LLC (for limited use of the City -owned Northwest Open Space)
potentially incorporating elements of the Capistrano Vineyards Projected, but
motion failed due to approved substitute motions.
1St Substitute Council Action: Moved by Mayor Pro Tem Bourne, seconded by
Mayor Maryott, and carried unanimously to direct staff to bring back at a
subsequent City Council meeting the reduced scale Putuidem Village Project
concept for the City Council's review and approval.
2nd Council Action: Moved by Mayor Pro Tem Bourne, seconded by
Council Member Taylor, and carried 4-1 with Mayor Maryott opposed to enter into
an Exclusive Negotiating Agreement with Red Tail Acquisitions, LLC. (for limited
use of the City -owned Northwest Open Space) to further understand what that
proposal would look like if the City decided to implement it.
5
4 3/5/2019
ROLL CALL:
AYES:
COUNCIL MEMBER:
NOES:
COUNCIL MEMBER:
ABSENT:
COUNCIL MEMBER:
Reeve, Taylor, Farias and Mayor Pro Tem Bourne
Mayor Maryott
None
SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Successor Agency
Minutes)
(Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS: None.
CITY COUNCIL REPORTS:
• Council Member Farias reported attending an Orange County Fire Authority
(OCFA) meeting; and, announced his appointment to the OCFA Budget and
Finance Committee and his appointment as alternate member to the Executive
Committee.
Council Member Taylor expressed his appreciation in working with the
City Manager and City staff on important issues such as the use of the City -owned
Northwest Open Space property.
CITY MANAGER REPORT:
• Benjamin Siegel, City Manager, announced an upcoming nighttime closure of
Del Obispo Street at the railroad crossing for Metrolink to perform track
maintenance.
ADJOURNMENT
There being no further business Mayor Maryott adjourned the meeting at 8:54 p.m. to
M day, March 11, 2019, at 4:30 p.m. for an Adjourned Regular Meeting; and then to
Ti'd y Warch 19, 2019, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public
Bus nes (Session, in the City Council Chamber.
ly submitted,
IS, CITY
Approved: March 19, 2019
ATTEST:
l
BRIM MA YOTT, MAYOR
3/5/2019