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MINUTES
November 14, 2022
SAN JUAN CAPISTRANO CITY COUNCIL
ADJOURNED REGULAR MEETING
BUSINESS SESSION:
Mayor Pro Tem Hart called the Adjourned Regular Meeting of November 14, 2022, of the City Council of the City of San Juan Capistrano to order at 5:13 p.m. Council Member Farias 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, Troy Bourne 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. COMMISSIONER INTRODUCTION: Ted Rosenfeldt, Parks, Equestrian and Community Services Commission; Stan Braden, Planning Commission; and Ana Dickinson, Planning Commission and Cultural Heritage Commission.
B2. RECOGNITION HELD OF FINAL MEETING AT CITY HALL
ORAL COMMUNICATIONS:
• Steve Behmerwohld, City resident.
PUBLIC HEARINGS:
D1. RESOLUTION 22-11-14-01 ADOPTED ENTITLED “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH THE CITY OF SAN JUAN CAPISTRANO AND 26874 ORTEGA HIGHWAY LLC FOR THE SALE OF APPROXIMATELY 0.38 ACRES OF CITY-OWNED PROPERTY LOCATED AT 31776 EL CAMINO REAL (ASSESSOR PARCEL NUMBERS:
124-160-55) AND FINDING THAT APPROVAL OF THIS RESOLUTION IS EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTION 15332“; RESOLUTION 22-11-14-02 ADOPTED ENTITLED “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH THE CITY OF SAN JUAN CAPISTRANO AND 26874 ORTEGA HIGHWAY LLC FOR THE SALE OF APPROXIMATELY 0.81 ACRES OF CITY-OWNED PROPERTY LOCATED AT 26874 OLD MISSION ROAD (FORMERLY ORTEGA HIGHWAY) (ASSESSOR PARCEL NUMBERS: 124-160-56, 124-160-57) AND FINDING
THAT APPROVAL OF THIS RESOLUTION IS EXEMPT FROM CEQA UNDER 2 11/14/2022
STATE CEQA GUIDELINES SECTION 15332“; CITY MANAGER AUTHORIZED
TO EXECUTE THE MASTER AGREEMENT FOR TAXING ENTITY
COMPENSATION, SUBSTANTIALLY IN THE FORM ATTACHED, WITH ALL
TAXING ENTITIES WHO RECEIVE A SHARE OF THE PLAYHOUSE
PROPERTY SALE PROCEEDS; AND ACTIONS EXEMPT UNDER CEQA
GUIDELINES EXEMPTION CLASS 32 FOR INFILL DEVELOPMENT
(600.30/670.70)
Council Member Taylor recused himself and left the Council Chamber due to financial interest.
Charlie View, Project Manager, provided an agenda report.
Mayor Pro Tem Hart opened the public hearing and invited public testimony. No public testimony was received. Mayor Pro Tem Hart closed the public hearing.
Council Action: Moved by Council Member Farias, seconded by Council Member Bourne, and carried 3-0 with Council Member Taylor recused and Mayor Reeve absent to adopt RESOLUTION NO. 22-11-14-01 entitled “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A DISPOSITION AND DEVELOPMENT
AGREEMENT WITH THE CITY OF SAN JUAN CAPISTRANO AND 26874 ORTEGA HIGHWAY LLC FOR THE SALE OF APPROXIMATELY 0.38 ACRES OF CITY-OWNED PROPERTY LOCATED AT 31776 EL CAMINO REAL
(ASSESSOR PARCEL NUMBERS: 124-160-55) AND FINDING THAT
APPROVAL OF THIS RESOLUTION IS EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTION 15332“; adopt RESOLUTION NO. 22-11-14-02 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH THE CITY OF SAN JUAN CAPISTRANO AND 26874 ORTEGA HIGHWAY LLC FOR THE SALE OF APPROXIMATELY
0.81 ACRES OF CITY-OWNED PROPERTY LOCATED AT 26874 OLD
MISSION ROAD (FORMERLY ORTEGA HIGHWAY) (ASSESSOR PARCEL NUMBERS: 124-160-56, 124-160-57) AND FINDING THAT APPROVAL OF
THIS RESOLUTION IS EXEMPT FROM CEQA UNDER STATE CEQA
GUIDELINES SECTION 15332“; and City Manager authorized to execute the Master Agreement for Taxing Entity Compensation, substantially in the form attached to the report, with all taxing entities who receive a share of the Playhouse property sale proceeds; and actions exempt under CEQA guidelines Exemption Class 32 for infill development.
ROLL CALL:
AYES: COUNCIL MEMBERS: Bourne, Farias, and Mayor Pro Tem Hart NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Mayor Reeve
RECUSED: COUNCIL MEMBERS: Taylor
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D2. CITY MANAGER AUTHORIZAED TO EXECUTE A PURCHASE AND SALE AGREEMENT FOR SALE OF 0.13-ACRES OF CITY-OWNED PROPERTY LOCATED AT 31681 CAMINO CAPISTRANO WITH SJC MISSION
VENTURES, LLC; AND THAT SAID ACTION IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTIONS 15301 AND 15312 (600.30/670.70) Council Member Taylor recused himself and left the Council Chamber due to proximity to his residence.
Charlie View, Project Manager, provided an agenda report.
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 Farias, seconded by Council Member Bourne, and carried 3-0 with Council Member Taylor recused and Mayor Reeve absent to authorize the City Manager to execute a Purchase and Sale Agreement for sale of 0.13-acres of City-owned property located at 31681 Camino Capistrano with SJC Mission Ventures, LLC; and that said action is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Sections 15301 and 15312.
ROLL CALL:
AYES: COUNCIL MEMBERS: Bourne, Farias, and Mayor Pro Tem Hart NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Mayor Reeve
RECUSED: COUNCIL MEMBERS: Taylor
CONSENT CALENDAR:
Council Action: Moved by Council Member Bourne, seconded by Council Member Farias, and carried 4-0 with Mayor Reeve absent to approve consent calendar items E1 through E12 as recommended by staff, with Council Member Taylor abstained from consent calendar E12.
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 NOVEMBER 1, 2022 (EXECUTIVE SESSION), APPROVED
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E4. CITY COUNCIL MINUTES – REGULAR MEETING OF NOVEMBER 1, 2022,
APPROVED
E5. CHECK REGISTERS FOR THE PERIOD FROM SEPTEMBER 23, 2022, TO OCTOBER 6, 2022, RECEIVED AND FILED (300.30)
E6. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
AUGUST 31, 2022, RECEIVED AND FILED (330.50)
E7. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (440.10)
E8. RESOLUTION 22-11-14-03 ADOPTED ENTITLED “CITY OF SAN JUAN
CAPISTRANO, AUTHORIZING RESOLUTION OF THE CITY OF SAN JUAN
CAPISTRANO, AUTHORIZING THE APPLICATION AND ADOPTING THE
PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION
PROGRAM;” AND RESOLUTION 22-11-14-04 ADOPTED ENTITLED “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, FINDING THAT AUTHORIZING THE
APPLICATION AND ADOPTING THE PERMANENT LOCAL HOUSING
ALLOCATION (“PLHA”) FOR THE PLHA PROGRAM IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT BECAUSE THE ACTION IS
NOT A PROJECT SUBJECT TO CEQA OR ALTERNATIVELY THAT IT IS EXEMPT PURSUANT TO THE COMMON SENSE EXEMPTION” (430.20) E9. CITY MANAGER AUTHORIZED TO EXECUTE AMENDMENT NO. 2 TO THE
MAINTENANCE SERVICES AGREEMENT WITH BONANZA STEAM
CLEANING, INC. FOR GRAFFITI REMOVAL MAINTENANCE SERVICES AT
CURRENT UNIT PRICING FOR AN ADDITIONAL TWO-YEAR TERM
BEGINNING JANUARY 1, 2023, AND ENDING DECEMBER 31, 2024; AND
FORMAL BIDDING PROCESS WAIVED PURSUANT TO MUNICIPAL CODE SECTION 3-4.306(E)(3) (600.30)
E10. CITY MANAGER AUTHORIZED TO EXECUTE A COOPERATIVE
AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR THE SAN JUAN CREEK BRIDGE REPLACEMENT
PROJECT; CITY MANAGER AUTHORIZED TO APPROVE PERMANENT AND
TEMPORARY CONSTRUCTION EASEMENTS WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY; AND, THE COOPERATIVE AGREEMENT
AND CONVEYANCE OF EASEMENTS TO ORANGE COUNTY
TRANSPORTATION AUTHORITY IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA
GUIDELINES, SECTION 15060(B)(3) (600.50)
• Public Correspondence: Larry Kramer, City resident.
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E11. CITY MANAGER AUTHORIZED TO GRANT EASEMENTS TO SANTA
MARGARITA WATER DISTRICT FOR SEWER, WATER, AND ACCESS
PURPOSES; AND, THAT THE CONVEYANCE OF EASEMENTS TO SANTA
MARGARITA WATER DISTRICT IS EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA
GUIDELINES SECTION 15060(B)(3) (670.50)
E12. CITY MANAGER AUTHORIZED TO EXECUTE A LICENSE AGREEMENT WITH 31791 LOS RIOS STREET LLC (APPLICANT) FOR THE
CONSTRUCTION AND MAINTENANCE OF LANDSCAPE, IRRIGATION, AND
HARDSCAPE IMPROVEMENTS LOCATED ON PUBLIC PROPERTY THAT
SERVES AS PUBLIC RIGHT-OF-WAY ON PASEO ADELANTO; AND, THAT THE PROPOSED LICENSE AGREEMENT WITH 31791 LOS RIOS STREET
LLC IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES, SECTION 15301 (600.30)
Council Member Taylor abstained due to proximity to his residence.
ROLL CALL:
AYES: COUNCIL MEMBERS: Bourne, Farias, and Mayor Pro Tem Hart NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Mayor Reeve
ABSTAINED: COUNCIL MEMBERS: Taylor
ADMINISTRATIVE ITEMS:
F1. CITY MANAGER
a. CITY COUNCIL POLICY 137 ADOPTED, CITY USE OF SOCIAL MEDIA, TO ESTABLISH A CITY SOCIAL MEDIA PLATFORM; AND CITY COUNCIL POLICY 136 AMENDED, TRANSPARENCY LAWS AND SOCIAL MEDIA, TO ENSURE CONSISTENCY WITH PROPOSED CITY COUNCIL POLICY 137 (610.30)
• Public Correspondence: Heather Chapman, UNIDOS South OC; and Eliana Chapman, City resident.
Kristen Hauptli, Senior Management Analyst, provided a PowerPoint presentation and responded to questions.
Council Action: Moved by Council Member Taylor, seconded by Council Member Bourne, and carried 3-1-0 with Council Member Farias opposed and Mayor Reeve absent to adopt City Council Policy 137, City Use of Social Media, to establish a City social media platform; and amend existing City Council Policy 136, Transparency Laws, and Social Media, to ensure consistency with proposed City Council Policy 137.
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ROLL CALL:
AYES: COUNCIL MEMBERS: Bourne, Taylor, and Mayor Pro Tem Hart NOES: COUNCIL MEMBERS: Farias
ABSENT: COUNCIL MEMBERS: Mayor Reeve
F2. DEVELOPMENT SERVICES
a. URGENCY ORDINANCE 1106 ADOPTED ENTITLED “AN URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO 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;” CODE AMENDMENT (CA 22-09) INITIATED TO ADOPT A NON-URGENCY ORDINANCE TO AMEND SECTION 9-3.501.1 (ACCESSORY DWELLING UNITS) OF TITLE 9 OF THE CITY’S MUNICIPAL CODE TO MAKE THE CITY’S REGULATIONS
THAT GOVERN ACCESSORY DWELLING UNITS CONSISTENT WITH NEW STATE REGULATIONS; AND HAT SAID ACTIONS ARE EXEMPT FROM
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
UNDER PUBLIC RESOURCES CODE SECTION 21080.17 (STATUTORY
EXEMPTION FOR ORDINANCES RELATED TO ACCESSORY DWELLING
UNITS) (430.30)
Joel Rojas, Development Services Director, provided a PowerPoint presentation and responded to questions.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Taylor, seconded by Council Member Bourne, and carried 4-0 with Mayor Reeve absent to adopt URGENCY ORDINANCE NO. 1106 entitled “AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO 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;” Code Amendment (CA 22-09) initiated to adopt a Non-Urgency Ordinance to amend Section 9-3.501.1 (Accessory Dwelling Units) of Title 9 of the City’s Municipal Code to make the City’s regulations that govern Accessory Dwelling Units consistent with new state regulations; and that said actions are exempt from review under the California Environmental Quality Act under Public Resources Code section 21080.17 (statutory exemption for ordinances related to accessory dwelling units).
ROLL CALL:
AYES: COUNCIL MEMBERS: Bourne, Taylor, Farias, and Mayor Pro Tem Hart NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Mayor Reeve
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F2b. URGENCY ORDINANCE 1107 ADOPTED ENTITLED “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SPECIFIC SECTIONS OF TITLE 8 OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE
(CALIFORNIA CODE OF REGULATIONS, TITLE 24), INCLUDING THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA FIRE CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA
MECHANICAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE
INCLUDING APPENDIX AX SWIMMING POOL SAFETY ACT, TOGETHER
WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO; AND ADOPTING BY REFERENCE THE 1997 UNIFORM HOUSING CODE, THE 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS, AND THE ORANGE COUNTY GRADING AND EXCAVATION
CODE, TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO”; AND, FIND THAT SAID ACTION IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER CEQA SECTION 15061(B)(3) AS IT CAN BE SEEN WITH CERTAINTY THAT
THERE IS NO POSSIBILITY THAT THE ACTION MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT (450.30)
Joel Rojas, Development Services Director, provided a presentation and responded to questions.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Bourne, seconded by Council Member Farias, and carried unanimously to adopt URGENCY ORDINANCE NO. 1107 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SPECIFIC SECTIONS OF TITLE 8 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA
BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), INCLUDING THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA FIRE CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA
RESIDENTIAL CODE INCLUDING APPENDIX AX SWIMMING POOL SAFETY
ACT, TOGETHER WITH CERTAIN ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO; AND ADOPTING BY REFERENCE THE 1997 UNIFORM HOUSING CODE, THE 1997 UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS, AND THE ORANGE COUNTY
GRADING AND EXCAVATION CODE, TOGETHER WITH CERTAIN
ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO”; and, find that said action is exempt from the California Environmental Quality Act (CEQA) 8 11/14/2022
per CEQA Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment.
ROLL CALL:
AYES: COUNCIL MEMBERS: Bourne, Taylor, Farias, and Mayor Pro Tem Hart NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Mayor Reeve
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: Benjamin Siegel, City Manager gave updates on the City Hall move to the temporary building off Rancho Viejo Road, and the Camino Capistrano street resurfacing project.
ADJOURNMENT:
There being no further business Mayor Pro Tem Hart adjourned the meeting at 6:16 p.m. to Tuesday, December 13, 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 at the Nydegger Building – 31421 La Matanza Street.
Respectfully submitted,
___________________________
MARIA MORRIS, CITY CLERK
Approved: December 13, 2022
ATTEST:
___________________________
HOWARD HART, MAYOR