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20-1006_CC_Minutes_Regular MeetingMINUTES October 6, 2020 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Bourne called the Regular Meeting of October 6, 2020, of the City Council of the City of San Juan Capistrano to order at 5:23 p.m. Council Member Maryott led the Pledge of Allegiance and Mayor Bourne gave the invocation. ROLL CALL: COUNCIL MEMBERS PRESENT: Mayor Troy Bourne, Mayor Pro Tem John Taylor, and Council Members, Brian L. Maryott and Sergio Farias. COUNCIL MEMBERS ABSENT: Reeve. 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. OCTOBER 4-10 PROCLAIMED AS FIRE PREVENTION WEEK ORAL COMMUNICATIONS: Public Correspondence: Bethany Hernandez, no place or residence provided; Mark Bowman, no place of residence provided; and, Louis Scafuri, City resident. Dr. Linda Von Fink, City resident; Lorie Porter, City resident; Rosa Hribar, City resident; Kerry Ferguson, City resident; Charlie Holts, City resident; Jeffrey Steep, City resident; Julia Jenner, City resident; and Carol Russo, City resident. PUBLIC HEARINGS: D1. CITY MANAGER AUTHORIZED TO EXECUTE A PURCHASE AND SALE AGREEMENT FOR THE SALE OF A 0.14 -ACRE PORTION OF APN 666-131- 08 TO SAN JUAN TIRADOR, LLC, FOR THE MARKET RATE APPRAISED VALUE OF $7,500, TO ALLOW FOR DEVELOPMENT OF THE APPROVED TIRADOR RESIDENTIAL PROJECT (600.30) Laura Stokes, Housing Supervisor/Associate Planner, provided a PowerPoint ' presentation. Mayor Bourne opened the public hearing and invited public testimony. No public testimony was received. Mayor Bourne closed the Public Hearing. 1 10/6/2020 Council Action: Moved by Council Member Farias, seconded by Council Member Maryott, and carried 4-0 with Council Member Reeve absent to authorize the City Manager to execute a Purchase and Sale Agreement for the sale of a 0.14 -acre portion of APN 666-131-08 to San Juan Tirador, LLC, for the market I rate appraised value of $7,500, to allow for development of the approved Tirador Residential Project. ROLL CALL: AYES: COUNCIL MEMBERS: Maryott, Farias, Taylor and Mayor Bourne NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Reeve D2. 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 NOVEMBER 2, 2020 Benjamin Siegel, City Manager, provided an agenda report. Mayor Bourne opened the public hearing and invited public testimony. No public testimony was received. Council Action: Moved by Mayor Pro Tem Taylor, seconded by Council Member Farias, and carried 4-0 with Council Member Reeve absent 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 October 6, 2020, to November 2, 2020. ROLL CALL: AYES: COUNCIL MEMBERS: Maryott, Farias, Taylor and Mayor Bourne NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Reeve CONSENT CALENDAR: Council Action: Moved by Council Member Farias, seconded by Council Member Maryott, and carried 4-0 with Council Member Reeve absent to approve consent calendar items E1 through E8, as recommended by staff, with Council Member Maryott abstained from consent calendar items E2 and E3, and Mayor Pro Tem Taylor abstained from consent calendar items E7 and E8. E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED. 2 10/6/2020 E2. CITY COUNCIL MINUTES — SPECIAL MEETING OF SEPTEMBER 15, 2020 (CLOSED SESSION), APPROVED ROLL CALL: COUNCIL MEMBER: AYES: COUNCIL MEMBER: Farias, Taylor and Mayor Bourne NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Reeve ABSTAINED: COUNCIL MEMBER: Maryott E3. CITY COUNCIL MINUTES — REGULAR AND TELEPHONIC MEETING OF SEPTEMBER 15, 2020, APPROVED ROLL CALL: AYES: COUNCIL MEMBER: Farias, Taylor and Mayor Bourne NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Reeve ABSTAINED: COUNCIL MEMBER: Maryott E4. CHECK REGISTERS FOR THE PERIOD FROM AUGUST 28, 2020, TO SEPTEMBER 10, 2020, RECEIVED AND FILED (300.30) E5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED AUGUST 31, 2020, RECEIVED AND FILED (350:30) E6. ORDINANCE 1080 ADOPTED ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO (1) APPROVE REZONE 20-001 TO AMEND THE OFFICIAL ZONING MAP FROM COMMUNITY PARK TO SPECIFIC PLAN/PRECISE PLAN AND CODE AMENDMENT 19-004 TO CREATE A SPECIFIC PLAN FOR THE CITY -OWNED 65.5 -ACRE PROPERTY, KNOWN AS THE NORTHWEST OPEN SPACE LOCATED AT 30291 CAMINO CAPISTRANO (ASSESSOR'S PARCEL NUMBERS 121-050-04, 14, 18, 19, 21 (excluding the area identified as Parcel 1 of Recorded Lot Line Adjustment 19-001), AND 998-123-99); AND (11) DETERMINE THAT SAID ACTION IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW, AS PER STATE CEQA GUIDELINES SECTION 15301 (420.30/460.20) ET CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CHAMBERS GROUP FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AT A COST NOT -TO -EXCEED $166,661.00; AND APPROPRIATION FROM THE GENERAL FUND OF $4,944 TO COVER THE COSTS OF THE ADDITIONAL TASKS INCLUDED IN THE PROPOSED AMENDMENT NO. 2, AUTHORIZED (600.30/330.30) Mayor Pro Tem Taylor abstained due to proximity to his resident. 3 10/6/2020 ROLL CALL: AYES: COUNCIL MEMBER: Maryott, Farias and Mayor Bourne NOES: COUNCIL MEMBER: None ' ABSENT: COUNCIL MEMBER: Reeve ABSTAINED: COUNCIL MEMBER: Taylor E8. CITY MANAGER AUTHORIZED TO EXECUTE A THREE-YEAR LICENSE AGREEMENT WITH THE MONTANEZ ADOBE DOCENTS/SAN JUAN HISTORICAL TOURS FOR OPERATION OF THE MONTANEZ ADOBE IN LOS RIOS PARK (600.30) Mayor Pro Tem Taylor abstained due to proximity to his resident. ROLL CALL: AYES: COUNCIL MEMBER: Maryott, Farias and Mayor Bourne NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Reeve ABSTAINED: COUNCIL MEMBER: Taylor ADMINISTRATIVE ITEMS: F1. PUBLIC WORKS a. PLANS AND SPECIFICATIONS; SUBSTANTIALLY IN THE FORM ATTACHED, FOR THE ORTEGA HIGHWAY/DEL OBISPO STREET GATEWAY ' LANDSCAPING PROJECT, APPROVED; STAFF AUTHORIZED TO ADVERTISE AND RECEIVE CONSTRUCTION BIDS FOR THE PROJECT; AND, OPTION 2 — MEDIAN WITH OLIVE TREES, SELECTED, AUTHORIZING THE PLANTING OF AS MANY OLIVE TREES THE LANDSCAPE ARCHITECT FEELS THAT IS TASTEFUL (600.30) Public Correspondence: Rich Heimann, City resident. Tom Toman, Public Works Director, provided a PowerPoint presentation and responded to questions. Council Action: Moved by Council Member Farias, seconded by Council Member Maryott, and carried 4-0 with Council Member Reeve absent to approve plans and specifications, substantially in the form attached, for the Ortega Highway/Del Obispo Street Gateway Landscaping Project (CIP 20205); authorize staff to advertise and receive construction bids for the Project; and select Option 2 — Median with Olive trees, and authorize the planting of as many Olive trees the landscape architect feels that is tasteful. ROLL CALL: AYES: COUNCIL MEMBER: Maryott, Farias, Taylor and Mayor Bourne ' NOES: COUNCIL MEMBER: None ABSENT:. COUNCIL MEMBER: Reeve 4 10/6/2020' F2. CITY CLERK a. PLANNING COMMISSION APPOINTMENT PROCESS (110.10) — CONTINUED TO OCTOBER 20, 2020 Maria Morris, City Clerk, provided an agenda report. Council Member Farias made a motion, seconded by Mayor Bourne to change the Planning Commission appointment process to Option B — interviews and appointment recommendation done by a Mayoral subcommittee, but motion failed 2-2-0 with Council Member Maryott and Mayor Pro Tem Taylor opposed, and Council Member Reeve absent. ROLL CALL: AYES: COUNCIL MEMBER: Farias and Mayor Bourne NOES: COUNCIL MEMBER: Maryott and Mayor Pro Tem Taylor ABSENT: COUNCIL MEMBER: Reeve Mayor Pro Tem Taylor made a motion, seconded by Council Member Maryott to change the Planning Commission appointment process to Option D — hybrid method with Mayoral subcommittee conducting interviews and narrowing down applicants to up to two per vacancy, and in an open session meeting allowing the entire Council to interview/ask questions to remainder applicants and voting by ballot to make appointments, but motion failed 2-2-0 with Council Member Farias and Mayor Bourne opposed, and Council Member Reeve absent. ROLL CALL: AYES: COUNCIL MEMBER: NOES: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: Maryott and Mayor Pro Tem Taylor Farias and Mayor Bourne Reeve Council Action: Moved by Mayor Bourne, seconded by Council Member Farias, and carried 4-0 with Council Member Reeve absent to continue the item to the October 20, 2020, meeting. ROLL CALL: AYES: COUNCIL MEMBER: Maryott, Farias, Taylor and Mayor Bourne NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: Reeve 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. 5 10/6/2020 CITY COUNCIL REPORTS: None. CITY MANAGER REPORT: None. ADJOURNMENT: , There being no further business Mayor Bourne adjourned the meeting at 6:53 p.m. to Tue d;s) y, Oct ber 20, 2020, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the public BusirSes ion, in the City Council Chamber. I IS, CITY Approved: October 20, 2020 ATTEST: I� I TROY A. BOURNE,• - 6 10/6/2020 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 October 6, 2020, 5:00 p.m., to the Regular Meeting to be held Monday, November 2, 2020, at 5:00 p.m. in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. DATED: October 7, 2020 Maria _ orris, City CAerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO SS AFFIDAVIT OF POSTING I, Christy Jakl, Assistant City Clerk of the City of San Juan Capistrano, do hereby declare that the above Notice was posted at City Hall (Outside Bulletin) on October 7, 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. J Mar a -Morris, Cit Clerk