20-0721_CC_Minutes_Regular MeetingMINUTES
July 21, 2020
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
TELEPHONIC MEETING
BUSINESS SESSION:
Mayor Bourne called the Regular and Telephonic Meeting of July 21, 2020, of the
City Council of the City of San Juan Capistrano to order at 5:23 p.m., with
Council Member Reeve attending by teleconference, pursuant to Executive Order
N-29-20. Mayor Bourne led the Pledge of Allegiance and Council Member Maryott gave
the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Troy Bourne, Mayor Pro Tem John Taylor, and
Council Members, Derek Reeve, Brian L. Maryott 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.
MEETING DEDICATION: Mayor Bourne dedicated the meeting in memory of
Bob Cardoza, longtime resident and commissioner/committee member of San Juan
Capistrano.
INTRODUCTIONS AND PRESENTATIONS: None.
ORAL COMMUNICATIONS: Carol Russo, City resident (provided handouts);
Dr. Linda Von Fink, City resident; Steve Behmerwohld, City resident; and Perry Cardoza,
NUVIS Landscape Architecture and Planning.
PUBLIC HEARINGS:
D1. PURCHASE AND SALE AGREEMENT AND AGREEMENT AFFECTING REAL
PROPERTY BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND GANAHL
LUMBER COMPANY FOR THE LOWER ROSAN RANCH PROPERTY
(ASSESSOR PARCEL NUMBERS: 121-253-13; 121-253-15; 121-240-39; 121-
240-73; 121-240-76) (600.30) — ITEM CONTINUED TO SEPTEMBER 15, 2020
Benjamin Siegel, City Manager, provided an agenda report.
Council Action: Moved by Council Member Farias, seconded by Mayor Pro Tem
Taylor, and carried unanimously to continue the Public Hearing to consider the
Purchase and Sale Agreement and Agreement Affecting Real Property for the
sale of the Lower Rosan Ranch property to the Ganahl Lumber Company, from
July 21, 2020, to September 15, 2020.
7/21/2020
ROLL CALL:
AYES: COUNCIL MEMBERS: Reeve, Maryott, Farias, Taylor and Mayor Bourne
NOES: COUNCIL MEMBERS: None r
ABSENT: COUNCIL MEMBERS: None I
D2. RESOLUTION NO. 20-07-21-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFYING THE TIRADOR
RESIDENTIAL DEVELOPMENT PROJECT FINAL ENVIRONMENTAL IMPACT
REPORT (SCH #2019110154), ADOPTING THE MITIGATION MONITORING
AND REPORTING PROGRAM, AND APPROVING THE PROJECT;"
RESOLUTION NO. 20-07-21-02 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP (TTM) 17-002 AND
FLOODPLAIN LAND USE PERMIT (FP) 20-001 FOR THE TIRADOR
RESIDENTIAL PROJECT LOCATED AT 27000 CALLE ARROYO,
CONTINGENT ON CERTIFICATION OF THE FINAL EIR FOR THE PROJECT;"
AND, RESOLUTION NO. 20-07-21-03 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 (0.14 -ACRE PORTION
OF 666-131-08), DECLARING ITS INTENT TO SELL SUCH PROPERTY, AND
SETTING A HEARING DATE FOR CONSIDERATION OF PROTESTS." (410.60)
• Public Correspondence: Robert S. Honeyman, Capistrano Acres Mutual Fill
Water Company; Larry Kramer, City resident; William Bonney,
City resident; Dave Solt, City resident; Judith Anderson, City resident; and,
Cesar Covarrubias, The Kennedy Commission.
Laura Stokes, Housing Supervisor / Associate Planner, provided a PowerPoint
Presentation and responded to questions.
Mayor Bourne opened the public hearing and invited testimony. No public
testimony was received. Mayor Bourne closed the Public Hearing.
Council Action: Moved by Council Member Farias, seconded by Mayor Pro Tem
Taylor, and carried unanimously to adopt RESOLUTION NO.
20-07-21-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING ENVIRONMENTAL
FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, CERTIFYING THE TIRADOR RESIDENTIAL DEVELOPMENT PROJECT
FINAL ENVIRONMENTAL IMPACT REPORT (SCH #2019110154), ADOPTING
THE MITIGATION MONITORING AND REPORTING PROGRAM, AND
APPROVING THE PROJECT;" adopt RESOLUTION NO. 20-07-21-02 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP (TTM)
17-002 AND FLOODPLAIN LAND USE PERMIT (FP) 20-001 FOR THE
2 7/21/2020
TIRADOR RESIDENTIAL PROJECT LOCATED AT 27000 CALLE ARROYO,
CONTINGENT ON CERTIFICATION OF THE FINAL EIR FOR THE PROJECT;"
and, adopt RESOLUTION NO. 20-07-21-03 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 (0.14 -ACRE PORTION OF 666-131-08),
DECLARING ITS INTENT TO SELL SUCH PROPERTY, AND SETTING A
HEARING DATE FOR CONSIDERATION OF PROTESTS."
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Maryott, Farias, Taylor and Mayor Bourne
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
CONSENT CALENDAR:
Council Action: Moved by Council Member Farias, seconded by Council Member
Maryott, and carried unanimously to approve consent calendar items E1 through E7, as
recommended by staff.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Maryott, Farias, Taylor and Mayor Bourne
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES — SPECIAL AND TELEPHONIC MEETING OF
JULY 7, 2020 (CLOSED SESSION), APPROVED
E3. CITY COUNCIL MINUTES — REGULAR AND TELEPHONIC MEETING OF
JULY 7, 2020, APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM JUNE 19, 2020, TO
JULY 2, 2020, RECEIVED AND FILED (300.30)
E5. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
E6. CITY MANAGER AUTHORIZED TO EXECUTE A CUSTODIAL SERVICES
AGREEMENT WITH COMMERCIAL BUILDING MANAGEMENT SERVICES
INC., TO PROVIDE CUSTODIAL SERVICES FOR CITY PARK
RESTROOMS/PUBLIC AREAS AND CITY BUILDINGS/FACILITIES, FOR A
THREE-YEAR INITIAL TERM COMMENCING ON AUGUST 10, 2020, AND
ENDING AUGUST 9, 2023, WITH THREE OPTIONAL, ONE-YEAR TERM
EXTENSIONS THEREAFTER, FOR AN ANNUAL AMOUNT NOT -TO -EXCEED
THE AMOUNT OF AVAILABLE FUNDING IN THE ANNUAL OPERATIONS AND
CAPITAL IMPROVEMENT BUDGET (600.30)
3 7/21/2020
E7. RESOLUTION NO. 20-07-21-04 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING PORTIONS OF STONEHILL DRIVE WITHIN THE CITY LIMITS OF
SAN JUAN CAPISTRANO CONVEYED VIA QUITCLAIM FROM THE COUNTY
OF ORANGE, ACCEPTING ASSIGNMENT FROM THE COUNTY OF ORANGE
OF AGREEMENT D-90-207 BETWEEN ORANGE COUNTY AND ATCHISON
TOPEKA, AND SANTA FE RAILWAY COMPANY DATED AUGUST 21, 1990,
INCORPORATING THAT PORTION OF STONEHILL DRIVE FROM CAMINO
CAPISTRANO TO THE WESTERLY CITY LIMITS INTO THE SELECT SYSTEM
OF CITY STREETS, AND DECLARING THAT PORTION OF STONEHILL DRIVE
FROM CAMINO CAPISTRANO TO THE WESTERLY CITY LIMITS AS A "NO
STOPPING ANY TIME" ZONE (600.501820.451570.30)
ADMINISTRATIVE ITEMS:
F1. FINANCE SERVICES
a. FISCAL YEAR 2019-20 THIRD QUARTER FINANCIAL REPORT, RECEIVED
AND FILED; AND, PROPOSED BUDGET ADJUSTMENTS (AS PRESENTED IN
ATTACHMENT 5 TO THE AGENDA REPORT), APPROVED; STAFF DIRECTED
TO REINSTATE THE DESIGN PHASE FOR THE SKATEPARK AND
APPROPRIATE A NOT TO EXCEED BUDGET OF 15% OF THE PROPOSED
PROJECT COST; STAFF DIRECTED TO REINSTATE THE CONSTRUCTION
SCHEDULING OF THE NORTHWEST OPEN SPACE "PUTUIDEM VILLAGE
PROJECT" INTO THE CURRENT BUDGET YEAR; AND, STAFF DIRECTED TO
MOVE FORWARD IN THE CURRENT BUDGET YEAR WITH THE ORTEGA
HIGHWAY/DEL OBISPO GATEWAY LANDSCAPE PROJECT (330.20)
Ken AI -Imam, Chief Financial Officer, provided an agenda report and responded
to questions. Benjamin Siegel, City Manager, responded to questions.
1st Council Action: Moved by Council Member Reeve, seconded by
Mayor Pro Tem Taylor, and carried unanimously to receive and file the Fiscal Year
2019-20 Third Quarter Financial Report; and, approve proposed budget
adjustments (as presented in Attachment 5 to the Agenda report); direct staff to
reinstate the design phase for the skatepark and appropriate a not to exceed
budget of 15% of the proposed project cost; and, direct staff to reinstate the
construction scheduling of the Northwest Open Space "Putuidem Village Project"
into the current budget year.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Maryott, Farias, Taylor and Mayor Bourne
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
211d Council Action: Moved by Mayor Bourne, seconded by Mayor Pro Tem Taylor,
and carried 3-2 with Council Member Reeve and Council Member Maryott
opposed to direct staff to move forward in the current budget year with the Ortega
Highway/Del Obispo Gateway Landscape Project.
4 7/21/2020
ROLL CALL:
AYES: COUNCIL MEMBER: Farias, Taylor and Mayor Bourne
NOES: COUNCIL MEMBER: Reeve and Maryott
ABSENT: COUNCIL MEMBER: None
F2. PUBLIC WORKS
a. CONSTRUCTION CONTRACT FOR THE PASEO ADELANTO PARKING LOT
EXPANSION PROJECT (CIP 20204) AWARDED TO THE LOWEST
RESPONSIBLE BIDDER SUBMITTING A RESPONSIVE BID, C.S. LEGACY
CONSTRUCTION, INC., IN THE AMOUNT OF $209,575; AND, AUTHORIZE
THE CITY MANAGER TO EXECUTE THE CONTRACT AND APPROVE
CHANGE ORDERS FOR A TOTAL CONSTRUCTION CONTINGENCY NOT TO
EXCEED $30,000; AND, PASEO ADELANTO STREET PARKING LOT
EXPANSION PROJECT FOUND EXEMPT FROM CEQA REVIEW UNDER
CLASS 11 EXEMPTION BASED ON THE REASONS AND FINDINGS BELOW;
AND, EXCEPTIONS TO THE CLASS 11 EXEMPTION FOUND INAPPLICABLE
TO THE PASEO ADELANTO PARKING LOT EXPANSION PROJECT; AND,
STAFF DIRECTED TO PREPARE, EXECUTE AND FILE A NOTICE OF
EXEMPTION WITHIN FIVE (5) DAYS AFTER THE CITY COUNCIL TAKES
ACTION ON THIS ITEM (600.30)
• Public Correspondence: Mary Ann Davidson, City resident; and,
Damian Orozco, The Tea House on Los Rios
Mayor Pro Tem Taylor recused himself due to proximity of project to his residence
and left the Council Chamber.
Tom Toman, Public Works Director, provided a PowerPoint presentation and
responded to questions.
• Public Comments: Mary Ann Davidson, City resident; Dave Davidson,
City resident; Marianne Taylor; Harrison Taylor, City resident;
Iraj Douraghi, City resident; David Hutchen, City resident; and
John Taylor, City resident.
Council Action: Moved by Council Member Maryott, seconded by Mayor Bourne,
and carried 3-1-0 with Council Member Farias opposed and Mayor Pro Tem
Taylor recused to award a Construction Contract for the Paseo Adelanto Parking
Lot Expansion Project (CIP 20204) to the lowest responsible bidder submitting a
responsive bid, C.S. Legacy Construction, Inc., in the amount of $209,575; and,
authorize the City Manager to execute the contract and approve change orders
for a total construction contingency not to exceed $30,000; and, find that the
Paseo Adelanto Street Parking Lot Expansion Project is exempt from CEQA
review under Class 11 exemption based on the reasons and findings below; and,
find that the exceptions to the Class 11 exemption are inapplicable to the
Paseo Adelanto Parking Lot Expansion Project; and, direct staff to prepare,
execute and file a Notice of Exemption within five (5) days after the City Council
takes action on this item.
5 7/21/2020
ROLL CALL:
AYES:
COUNCIL MEMBER: Reeve, Maryott and Mayor Bourne
NOES:
COUNCIL MEMBER: Farias
ABSENT:
COUNCIL MEMBER: None
RECUSED:
COUNCIL MEMBER: Mayor Pro Tem Taylor
F3. CITY MANAGER
a. CITY MANAGER AUTHORIZED TO EXECUTE A COST SHARING AND
COOPERATIVE AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED,
WITH THE CITY OF DANA POINT FOR THE STONEHILL DRIVE
IMPROVEMENTS PROJECT AND FUTURE SKATEPARK (600.501960.30)
Charlie View, Assistant City Manager, provided a PowerPoint presentation and
responded to questions. Benjamin Siegel, City Manager, responded to questions.
Council Action: Moved by Mayor Bourne, seconded by Mayor Pro Tem Taylor,
and carried unanimously to authorize the City Manager to execute a Cost Sharing
and Cooperative Agreement, substantially in the form attached, with the City of
Dana Point for the Stonehill Drive Improvements Project and future skatepark.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Maryott, Farias, Taylor and Mayor Bourne
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
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: None.
ADJOURNMENT:
There being no further business Mayor Bourne adjourned the meeting in memory of
Stephen Julian former San Juan Capistrano City Manager at 7:18 p.m. to Tuesday,
August 4, 2020, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public Business
Session, in the City Council Chamber, as well as the San Juan Capistrano Community
Center in the event additional audience capacity is needed.
6 7/21/2020
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Approved: August 4, 2020
ATTEST:
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7/21 /2020
NOTICE OF A CONTINUED PUBLIC HEARING
OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano,
California, continued the following Public Hearing:
PURCHASE AND SALE AGREEMENT AND AGREEMENT AFFECTING REAL
PROPERTY BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND
GANAHL LUMBER COMPANY FOR THE LOWER ROSAN RANCH
PROPERTY (ASSESSOR PARCEL NUMBERS: 121-253-13; 121-253-15; 121-
240-39;121-240-73;121-240-76
From the Regular Meeting of July 21, 2020, 5:00 p.m., to the Regular Meeting to be
held September 15, 2020, at 5:00 p.m. in the City Council Chamber, 32400 Paseo
Adelanto, San Juan Capistrano.
DATED: July 22, 2020
Mari orris, C Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby declare
that the above Notice was posted at City Hall (Outside Bulletin) on July 22, 2020, within
24 hours of the cancellation of the above-named meeting.
I declare under penalty of perjury that the foregoing is true and correct.
Cr
MM`L X \Morris, City Clerk
NOTICE OF ADJOURNMENT OF MEETING OF
j CITY COUNCIL
u OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano,
California, Adjourned its Regular Meeting of Tuesday, July 21, 2020, at 7:18 p.m. on to
the Regular Meeting of Tuesday, August 4, 2020, at 4:00 p.m. for Closed Session, and
5:00 p.m. for the public business session in the City Council Chamber, 32400 Paseo
Adelanto, San Juan Capistrano, as well as another location to provide additional
audience capacity. The additional location will be at the Citv of San Juan Capistrano
Community Center, located at 25925 Camino Del Avion, San Juan Capistrano 92675.
DATED: July 22, 2020
PL(Du fW-
Ma'a orr s,i y Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
SS AFFIDAVIT OF POSTING
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby declare
that the above Notice was posted at City Hall (Outside Bulletin) on July 22, 2020 within
24 hours of adjournment of the above-named meeting.
I declare under penalty of perjury that the foregoing is true and correct.
0 K'�� i:ic
MaAaVorids, Oity Clerk