1 2/7/2023
MINUTES
February 7, 2023
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Hart called the Regular Meeting of February 7, 2023, of the City Council of the City of San Juan Capistrano to order at 5:12 p.m. Council Member Taylor led the Pledge of Allegiance and Council Member Campbell gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Howard Hart, Mayor Pro Tem Sergio Farias, and Council Members Troy Bourne, John Taylor, and John Campbell.
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: MAYOR PRO TEM FARIAS
INTRODUCED THE FOLLOWING: Ted Rosenfeldt, Parks, Equestrian, and Community Services Commission; and Anna Dickinson, Planning Commission and Cultural Heritage Commission.
B2. DEPUTY LUIS MALDONADO RECOGNIZED AS THE DEPUTY OF THE YEAR B3. ASSOCIATED SENIOR ACTION PROGRAM COMMUNITY VOLUNTEER
RECOGNITION SERVICE AWARD GIVEN TO VIVIENNE DACOSTA
B4. PRESENTATION GIVEN REGARDING CALTRANS DISTRICT 12
CALIFORNIA CLEAN STREETS PROJECT – EL HORNO UNDERPASS
BEAUTIFICATION
ORAL COMMUNICATIONS:
• Martina Bowersox, City resident; Ted Rosenfeldt, City resident; and Juan Gonzalez, SoCal Gas.
PUBLIC HEARINGS:
D1. ORDINANCE NO. 1108 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 2 2/7/2023
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; 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 (450.30)
Joel Rojas, Development Services Director, provided an agenda report.
Mayor Hart opened the public hearing and invited public testimony. No public testimony was received. Mayor Hart closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Campbell, seconded by Council Member Bourne, and carried unanimously to adopt ORDINANCE NO. 1108 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; 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.”
CONSENT CALENDAR:
Council Action: Moved by Council Member Farias, seconded by Council Member Bourne, and carried unanimously to approve consent calendar items E1 through E10, as recommended by staff, with Council Member Bourne abstained from Consent Calendar E2 and E3.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
3 2/7/2023
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 – REGUALR MEETING (EXECUTIVE SESSION) OF JANUARY 17, 2022, APPROVED
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Campbell, Farias, and Mayor Hart NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Bourne
E4. CITY COUNCIL MINUTES – REGUALR MEETING OF JANUARY 17, 2022,
APPROVED
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Campbell, Farias, and Mayor Hart NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Bourne
E5. CHECK REGISTERS FOR THE PERIOD FROM DECEMBER 23, 2022, TO JANUARY 12, 2023, RECEIVED AND FILED (300.30)
E6. RETURN OF THE PACIFICA SAN JUAN SOIL SUBSIDENCE REMEDIATION DEPOSIT IN THE AMOUNT OF $535,134 TO PACIFIC POINT DEVELOPMENT PARTNERS LLC., APPROVED (600.30)
E7. ORDINANCE NO. 1109 ADOPTED ENTITLED “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RESCINDING ORDINANCE 1105 FOR THE PRIOR PROJECT, LAND USE,
AND CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) APPROVALS ASSOCIATED WITH CODE AMENDMENT (CA) 20-001; THE AMENDMENT
TO MAMMOTH OFFICES PLANNED COMMUNITY COMPREHENSIVE
DEVELOPMENT PLAN 90-02, TO ADD CHURCHES, WITH UP TO FIVE
ANCILLARY RESIDENCES FOR EMPLOYEES, WITH APPROVAL OF A
CONDITIONAL USE PERMIT, 29402 RANCHO VIEJO ROAD (APNS: 650-011- 34 & 39); AND FINDING THAT THE RESCISSION OF ORDINANCE 1105 IS
NOT A PROJECT SUBJECT TO CEQA, OR IN THE ALTERNATIVE, IS
EXEMPT FROM CEQA UNDER STATE CEQA GUIDELINES SECTION
15061(B)(3)” (440.25)
4 2/7/2023
E8. FINAL TRACT MAP FOR TRACT NO. 18161 - GANAHL LUMBER (APPLICANT:
GANAHL LUMBER COMPANY, A CALIFORNIA CORPORATION) AS IT
CONFORMS TO THE REQUIREMENTS SET FORTH IN THE SUBDIVISION MAP ACT AND THE VESTING TENTATIVE TRACT MAP 18161 CONDITIONS, APPROVED; CITY ENGINEER AND THE CITY CLERK AUTHORIZED TO EXECUTE THE FINAL TRACT MAP FOR TRACT NO. 18161; AND
RECOMMENDED ACTION FOUND EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO THE
COMMONSENSE EXEMPTION UNDER STATE CEQA GUIDELINES,
SECTION 15061(B)(3) (420.40)
E9. CITY MANAGER AUTHORIZED TO APPROVE A FACILITY USE PERMIT
FROM DOCENT BREWING FOR REATA PARK AND EVENT CENTER FOR MARCH 10, 2023, AND MARCH 11, 2023, FOR “FIELD TRIP FEST 2023”;
TEMPORARY VARIATIONS TO THE PARK RULES AND REGULATIONS TO ACCOMMODATE THE EVENT, APPROVED; AND PROPOSED ACTION
FOUND CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA
GUIDELINES, SECTION 15304 (E) (460.70)
E10. RESOLUTION NO. 23-02-07-01 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
IMPLEMENT THE TEMPORARY PARKING RESTRICTIONS AND STREET
CLOSURES WITHIN THE DOWNTOWN AREA OF THE CITY ON SWALLOWS DAY, MARCH 25, 2023;” ISSUANCE OF A PARADE PERMIT TO THE SAN
JUAN CAPISTRANO FIESTA ASSOCIATION PER CITY MUNICIPAL CODE SECTION 5-11.05(B), APPROVED; CITY MANAGER AUTHORIZED TO
EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SAN JUAN
CAPISTRANO FIESTA ASSOCIATION, WHICH RECOGNIZES THE FIESTA
ASSOCIATION AS THE LEAD AGENCY IN PLANNING, COORDINATING, AND CONDUCTING ALL OFFICIAL EVENTS ASSOCIATED WITH THE 2023 FIESTA DE LAS GOLONDRINAS CELEBRATION; AND, PROPOSED ACTION
FOUND CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA
GUIDELINES SECTION 15304 (CLASS 4) AND SECTION 15323 (CLASS 23) (150.60/820.70/600.30)
ADMINISTRATIVE ITEMS:
F1. PUBLIC WORKS
a. CITY MANAGER AUTHORIZED TO PROCEED WITH THE PROPOSED
IMPROVEMENTS AS PART OF THE CAMINO CAPISTRANO PAVEMENT
REHABILITATION PROJECT; AND PROPOSED ACTION FOUND
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PER SECTION 15301 (820.30)
5 2/7/2023
Tom Toman, Public Works Director, provided a PowerPoint presentation and responded to questions.
Council Action: Moved by Council Member Bourne, seconded by Council Member Taylor, and carried unanimously to receive and file staff presentation regarding proposed hardscape and landscape improvements to the Camino Capistrano raised-center medians located at the City’s southern limits (near Costco driveway); City Manager authorized to proceed with the proposed improvements as part of the Camino Capistrano Pavement Rehabilitation Project; and, find that the proposed action is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301.
F2. CITY MANAGER
a. RESOLUTION NO. 23-02-07-02 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, FINDING AND DECLARING THAT A PORTION OF CERTAIN
REAL PROPERTY (MISSION TRAILS PROPERTY) IS NON-EXEMPT
SURPLUS LAND, APPROVING THE FORM OF NOTICE OF AVAILABILITY
THEREFORE, AUTHORIZING THE CITY MANAGER TO COMPLY WITH THE
SURPLUS LAND ACT, AND FINDING THE FOREGOING CATEGORICALLY EXEMPT FROM CEQA REVIEW” (670.70)
Matisse Reischl, Assistant to the City Manager, provided a PowerPoint presentation and responded to questions.
Council Action: Moved by Council Member Taylor, seconded by Council Member Campbell, and carried unanimously to adopt RESOLUTION NO. 23-02-07-02 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING AND DECLARING
THAT A PORTION OF CERTAIN REAL PROPERTY (MISSION TRAILS
PROPERTY) IS NON-EXEMPT SURPLUS LAND, APPROVING THE FORM OF
NOTICE OF AVAILABILITY THEREFORE, AUTHORIZING THE CITY
MANAGER TO COMPLY WITH THE SURPLUS LAND ACT, AND FINDING THE FOREGOING CATEGORICALLY EXEMPT FROM CEQA REVIEW.”
SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Housing Authority Minutes)
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes) COUNCIL ACTION ITEMS:
I1. STAFF DIRECTED TO SEND A LETTER OF SUPPORT TO STATE LEGISLATORS REGARDING SENATE BILL 14 (HUMAN TRAFFICKING – SERIOUS AND VIOLENT FELONY) (660.40)
6 2/7/2023
Mayor Hart provided a report.
Council Action: Moved by Council Member Taylor, seconded by Council Member Bourne, and carried unanimously to direct staff to send a letter of support to State legislators regarding Senate Bill 14 (Human Trafficking – Serious and Violent Felony).
CITY COUNCIL REPORTS:
• Council Member Campbell attended the League of California Cities Conference for new council members.
CITY MANAGER REPORT: None.
ADJOURNMENT:
There being no further business Mayor Hart adjourned the meeting at 6:39 p.m. to Tuesday, February 21, 2023, 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: February 21, 2023
ATTEST:
___________________________
HOWARD HART, MAYOR