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MINUTES
October 4, 2022
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Reeve called the Regular Meeting of October 4, 2022, of the City Council of the City of San Juan Capistrano to order at 5:27 p.m. Mayor Pro Tem Hart led the Pledge of Allegiance and Council Member Taylor gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Derek Reeve, Mayor Pro Tem Howard Hart, and Council Members Sergio Farias (left the meeting at 7:36 p.m.), and John Taylor.
COUNCIL MEMBERS ABSENT: Troy Bourne.
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:
B1. COMMISSIONER INTRODUCTION: None.
B2. OCTOBER 9 – 15, 2022, PROCLAIMED AS “FIRE PREVENTION WEEK” ORAL COMMUNICATIONS:
• Steve Behmerwohld, City resident; Cheryl Stavana, City resident; Barbara S, City resident; Todd Mesick, City resident; Rhen Kohen, City resident; and Frank Larkin, City resident.
PUBLIC HEARINGS:
D1. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED ENTITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 22-002 TO ADOPT THE EL CAMINO SPECIFIC PLAN (SP 22-01) AND REZONE (RZ) 22-001 TO CHANGE THE ZONING DESIGNATION OF THE
FOUR CITY-OWNED PARCELS FROM TOWN CENTER TO SPECIFIC
PLAN/PRECISE PLAN FOR 31776 EL CAMINO REAL (ASSESSOR PARCEL NUMBERS 124-160-27, 124-160-55, 124-160-57, 124-160-63 AND FINDING
THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(APPLICANT: JESSICA STEINER, BICKEL GROUP ARCHITECTURE);” AND RESOLUTION NO. 22-10-04-01 ADOPTED ENTITLED “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, 2 10/4/2022
CALIFORNIA APPROVING GENERAL PLAN AMENDMENT 22-001 TO
AMEND THE LAND USE DESIGNATION OF FOUR CITY-OWNED PARCELS
FROM GENERAL COMMERCIAL (GC) TO SPECIFIC PLAN/PRECISE PLAN (SP/PP) AND FINDING THAT SAID ACTION IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTION 15332, IN-FILL DEVELOPMENT PROJECTS (CLASS 32) (APN #124-160-27, 124-160-55, 124-160-57, 124-160- 63)(APPLICANT: JESSICA STEINER, BICKEL GROUP ARCHITECTURE)” (440.25/460.20)
• Public Correspondence: Natalie Kuester, City resident; Rich Paddock, City resident; Gia Lugo and Eric Overton, City Council residents; Olivia Weber, no place of residence provided; Kyle Robbins, SOCO Builders; and Jon Arman, City resident.
Council Member Taylor recused himself and left the Council Chamber due to real property interest.
David Contreras, Principal Planner, provided a PowerPoint Presentation and responded to questions. Benjamin Siegel, City Manager and Jeffrey Ballinger, City Attorney, responded to questions.
Mayor Reeve opened the public hearing.
• Public Testimony: Dan Almquist, Applicant; Leslie Eisner, Camino Real Playhouse; Tom Scott, Camino Real Playhouse; Rich Heimann, City resident; Cheryl Stavana, City resident; Joanne Marquez, City resident; Michael Laux, City resident; Mike Bronson, City resident; Jack Stavana, City resident; Bob Burman, Camino Real Playhouse; and Josh Thornton, City resident.
Mayor Reeve closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor Pro Tem Hart, seconded by Council Member Farias, and carried 3-0 with Council Member Bourne absent and Council Member Taylor recused to approve the introduction and first reading of an ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 22-002 TO ADOPT THE EL CAMINO SPECIFIC PLAN (SP 22-01) AND REZONE (RZ) 22-001 TO CHANGE THE ZONING DESIGNATION OF THE
FOUR CITY-OWNED PARCELS FROM TOWN CENTER TO SPECIFIC
PLAN/PRECISE PLAN FOR 31776 EL CAMINO REAL (ASSESSOR PARCEL NUMBERS 124-160-27, 124-160-55, 124-160-57, 124-160-63 AND FINDING
THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(APPLICANT: JESSICA STEINER, BICKEL GROUP ARCHITECTURE):” and adopt RESOLUTION NO. 22-10-04-01 entitled “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA 3 10/4/2022
APPROVING GENERAL PLAN AMENDMENT 22-001 TO AMEND THE LAND
USE DESIGNATION OF FOUR CITY-OWNED PARCELS FROM GENERAL
COMMERCIAL (GC) TO SPECIFIC PLAN/PRECISE PLAN (SP/PP) AND
FINDING THAT SAID ACTION IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA
GUIDELINES SECTION 15332, IN-FILL DEVELOPMENT PROJECTS (CLASS 32) (APN #124-160-27, 124-160-55, 124-160-57, 124-160-63)(APPLICANT:
JESSICA STEINER, BICKEL GROUP ARCHITECTURE).”
ROLL CALL:
AYES: COUNCIL MEMBERS: Farias, Hart, and Mayor Reeve
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bourne
RECUSED: COUNCIL MEMBERS: Taylor
D2. RESOLUTION NO. 22-10-04-02 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING THE APPLICATION AND ADOPTING THE PERMANENT LOCAL HOUSING ALLOCATION (“PLHA”) FOR THE PLHA
PROGRAM AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT” (430.25)
Laura Stokes, Senior Planner/Housing Supervisor, provided a PowerPoint Presentation and responded to questions.
Mayor Reeve opened the public hearing and invited public testimony. No public testimony was received. Mayor Reeve closed the public hearing.
Council Action: Moved by Council Member Hart, seconded by Mayor Pro Tem Hart, and carried 4-0 with Council Member Bourne absent to adopt RESOLUTION NO. 22-10-04-02 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING THE APPLICATION AND ADOPTING THE PERMANENT
LOCAL HOUSING ALLOCATION (“PLHA”) FOR THE PLHA PROGRAM AND
FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
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CONSENT CALENDAR:
Council Action: Moved by Council Member Farias, seconded by Council Member Taylor, and carried 4-0 with Council Member Bourne absent to approve consent calendar items E1 through E9, as recommended by staff.
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
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 – REGULAR MEETING OF SEPTEMBER 6, 2022 (EXECUTIVE SESSION), APPROVED
E4. CITY COUNCIL MINUTES – REGULAR MEETING OF SEPTEMBER 6, 2022,
APPROVED
E5. CHECK REGISTERS FOR THE PERIOD FROM AUGUST 26, 2022, TO SEPTEMBER 8, 2022, RECEIVED AND FILED (300.30)
E6. CITY MANAGER AUTHORIZED TO EXECUTE A THREE-YEAR
MAINTENANCE SERVICES AGREEMENT, WITH TWO OPTIONAL ONEYEAR EXTENSIONS, WITH SOCAL LIGHTING PROS FOR THE
INSTALLATION, REMOVAL, AND STORAGE OF HOLIDAY DECORATIONS, FOR A NOT TO EXCEED AMOUNT OF $83,985 (600.30)
E7. RESOLUTION NO. 22-10-04-03 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, TO EXECUTE RIGHT OF WAY CERTIFICATION FOR THE
CAMINO CAPISTRANO PAVEMENT REHABILITATION PROJECT JUNIPERO SERRA TO TROBUCO BRIDGE PROJECT #CRAL-5372 (017)” (820.10) E8. MAYOR AUTHORIZED TO SIGN A LETTER OF SUPPORT FOR THE DOHENY
OCEAN DESALINATION PROJECT, SUBSTANTIALLY IN THE FORM
ATTACHED, AS PROPOSED BY THE SOUTH COAST WATER DISTRICT (1050.10)
• Public Correspondence: Larry Kramer, City resident.
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E9. RESOLUTION NO. 22-10-04-04 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT A PORTION OF THE REAL PROPERTY OWNED BY THE CITY LOCATED AT 34200 PASEO ADELANTO IS EXEMPT SURPLUS LAND,
AND FINDING THAT SUCH DECLARATION AND AUTHORIZATION IS
EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT” (670.70)
• Public Correspondence: Chris Collins and Diane Nied, League of Women Voters of Orange Coast.
ADMINISTRATIVE ITEMS:
F1. CITY MANAGER
a. RESOLUTION NO. 22-10-04-05 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 (MULTI-MODAL
PARKING LOT PARCELS), DECLARING ITS INTENT TO SELL SUCH
PROPERTY, FINDING SUCH PROPERTY TO BE EXEMPT FROM THE
SURPLUS LAND ACT, SETTING A HEARING DATE FOR CONSIDERATION
OF PROTESTS, AND FINDING THE SAME CATEGORICALLY EXEMPT FROM CEQA REVIEW” (760.70)
Council Member Taylor recused himself and left the Council Chamber due to real property interest.
Matisse Reischl, Assistant to the City Manager, provided a PowerPoint presentation and responded to questions.
Council Action: Moved by Council Member Farias, seconded by Mayor Pro Tem Hart, and carried 3-0 with Council Member Bourne absent and Council Member Taylor absent to adopt RESOLUTION NO. 22-10-04-05 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
(MULTI-MODAL PARKING LOT PARCELS), DECLARING ITS INTENT TO
SELL SUCH PROPERTY, FINDING SUCH PROPERTY TO BE EXEMPT FROM
THE SURPLUS LAND ACT, SETTING A HEARING DATE FOR
CONSIDERATION OF PROTESTS, AND FINDING THE SAME
CATEGORICALLY EXEMPT FROM CEQA REVIEW.”
ROLL CALL:
AYES: COUNCIL MEMBERS: Farias, Hart, and Mayor Reeve
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bourne
RECUSED: COUNCIL MEMBERS: Taylor
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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:
I1. STAFF DIRECTED TO PREPARE AND BRING BACK TO THE CITY COUNCIL MEETING OF NOVEMBER 1, 2022, A POLICY FOR USE OF SOCIAL MEDIA TO ENHANCE COMMUNITY OUTREACH AND EDUCATION (150.90)
Mayor Pro Tem Hart and Mayor Reeve provided a report.
Council Action: Moved by Mayor Pro Tem Hart, seconded by Mayor Reeve, and carried 3-0-1 with Council Member Bourne absent and Council Member Farias opposed to direct staff to prepare and bring back to the City Council meeting of November 1, 2022, a policy for use of social media to enhance community outreach and education.
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Hart, and Mayor Reeve
NOES: COUNCIL MEMBER: Farias
ABSENT: COUNCIL MEMBER: Bourne
CITY COUNCIL REPORTS:
• Mayor Pro Tem Hart made remarks regarding a ballot designation from a San Clemente Council Member who’s running for senate office.
CITY MANAGER REPORT: Benjamin Siegel, announced the upcoming Pacific Symphony on the Go Concert at Los Rios Park.
ADJOURNMENT:
There being no further business Mayor Reeve adjourned the meeting at 7:40 p.m. to Tuesday, October 18, 2022, at 3:00 p.m. for an Executive Session, and 5:00 p.m. for the public Business Session, in the City Council Chamber. 7 10/4/2022
Respectfully submitted,
___________________________
MARIA MORRIS, CITY CLERK
Approved: October 18, 2022
ATTEST:
___________________________
DEREK REEVE, MAYOR