1 4/2/2024
MINUTES
April 2, 2024
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR AND TELEPHONIC MEETING
BUSINESS SESSION:
Mayor Farias called the Regular and Telephonic meeting of April 2, 2024, of the City Council of the City of San Juan Capistrano to order at 5:18 p.m. Council Member Hart led the Pledge of Allegiance and Mayor Pro Tem Bourne gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Sergio Farias, Mayor Pro Tem Troy Bourne, and Council Members Howard Hart, John Taylor (attending telephonically), 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.
MEETING DEDICATION: Mayor Farias dedicated the meeting in memory of Matt Gaffney, lifelong resident, Navy veteran, community volunteer and Planning Commissioner.
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 – MAYOR PRO TEM BOURNE
INTRODUCED: Ted Rosenfeldt, Planning Commissioner; and Shelly Barker, Parks, Equestrian and Community Services Commissioner.
B2. APRIL 2024 PROCLAIMED AS “NATIONAL DONATE LIFE MONTH” ORAL COMMUNICATIONS:
Diane Harkey, Dana Point resident; Susan Reese, Groundswell, formerly OC Human Relations (provided handouts); and Tyler Mosher, representing Office of 5th District Supervisor Katrina Foley.
PUBLIC HEARINGS:
D1. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED ENTITLED “AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE LOS RIOS SPECIFIC PLAN (SP78-01) THROUGH CODE AMENDMENT (CA 23-002) TO ALLOW EATING
ESTABLISHMENTS NO LARGER THAN 1,000 SQUARE FEET (S.F.) AS 2 4/2/2024
ACCESSORY USES AND IN CONJUNCTION WITH A PERMITTED OR
CONDITIONALLY PERMITTED USE AND WITH BEER AND WINE SERVICE
WITH APPROVAL OF AN ACCESSORY USE PERMIT IN THE HISTORIC
COMMERCIAL DISTRICT, AND CLARIFY THE BOUNDARY LINE BETWEEN
THE HISTORIC COMMERCIAL DISTRICT AND THE HISTORIC RESIDENTIAL DISTRICT THAT TRAVERSES THE PROPERTY LOCATED AT 31791 LOS RIOS STREET (APN 121-160-17) AND A FINDING THAT SAID ACTION IS
CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PER STATE CEQA GUIDELINES SECTIONS 15311 AND 15303 (APPLICANT: 31791 LOS RIOS STREET LLC)” (420.25) Public Correspondence: Jan Siegel, Rancho Mission Viejo resident; and Stephen Rios, City resident.
Council Member Taylor recused himself due to proximity to his resident and left the call.
Laura Stokes, Principal Planner, provided a PowerPoint presentation and responded to questions.
Mayor Farias opened the public hearing.
Public Testimony: Pamela King, City resident; Tiana Rios, City resident; Monica Mukai, City resident; and Dan Almquist, Los Rios Street LLC and Applicant.
Mayor Farias 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 Hart, and carried 4-0 with Council Member Taylor recused to approve the introduction and first reading of an ordinance entitled “AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE LOS RIOS SPECIFIC PLAN (SP78-01) THROUGH CODE AMENDMENT (CA 23- 002) TO ALLOW EATING ESTABLISHMENTS NO LARGER THAN 1,000 SQUARE FEET (S.F.) AS ACCESSORY USES AND IN CONJUNCTION WITH
A PERMITTED OR CONDITIONALLY PERMITTED USE AND WITH BEER AND
WINE SERVICE WITH APPROVAL OF AN ACCESSORY USE PERMIT IN THE
HISTORIC COMMERCIAL DISTRICT, AND CLARIFY THE BOUNDARY LINE
BETWEEN THE HISTORIC COMMERCIAL DISTRICT AND THE HISTORIC
RESIDENTIAL DISTRICT THAT TRAVERSES THE PROPERTY LOCATED AT 31791 LOS RIOS STREET (APN 121-160-17) AND A FINDING THAT SAID
ACTION IS CATEGORICALLY EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PER STATE CEQA GUIDELINES SECTIONS 15311 AND 15303 (APPLICANT: 31791 LOS RIOS STREET LLC).” 3 4/2/2024
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell, Bourne, and Mayor Farias NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Taylor
D2. INTRODUCTION AND FIRST READING OF AN ORDINANCE APPROVED ENTITLED “AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE KINOSHITA FARM SPECIFIC PLAN (SP-85- 01) THROUGH CODE AMENDMENT (CA 18-005) TO CLARIFY THAT ALL THE
CURRENT FARM OPERATIONS, ACTIVITIES AND STRUCTURES
ASSOCIATED WITH THE ECOLOGY CENTER ARE PERMITTED FOR
PROPERTY LOCATED AT 32701 ALIPAZ STREET (APN 121-190-57) AND A
FINDING THAT SAID ACTION IS CATEGORICALLY EXEMPT FROM
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15301 AND 15303 (APPLICANT: THE ECOLOGY CENTER, ANDREW SIEGER)” (420.25)
Public Correspondence: Vasanti Telang, City resident; and Carolyn Nash, City resident (submitted 2 correspondences).
Laura Stokes, Principal Planner, provided a PowerPoint presentation and responded to questions.
Mayor Farias opened the public hearing.
Public Testimony: Evan Marks, The Ecology Center and Applicant.
Mayor Farias closed the public hearing.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Taylor, seconded by Council Member Campbell, and carried unanimously to approve the introduction and first reading of an ordinance entitled “AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE KINOSHITA FARM SPECIFIC PLAN (SP-85-01) THROUGH CODE AMENDMENT (CA 18-005) TO CLARIFY
THAT ALL THE CURRENT FARM OPERATIONS, ACTIVITIES AND
STRUCTURES ASSOCIATED WITH THE ECOLOGY CENTER ARE
PERMITTED FOR PROPERTY LOCATED AT 32701 ALIPAZ STREET (APN 121-190-57) AND A FINDING THAT SAID ACTION IS CATEGORICALLY
EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15301 AND 15303 (APPLICANT: THE ECOLOGY CENTER, ANDREW SIEGER).”
4 4/2/2024
D3. PUBLIC HEARING TO CONSIDER PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE PAUL J.
VALENZUELA TRUST FOR A PORTION OF CITY-OWNED PARK LAND
LOCATED AT 28432 CALLE ARROYO (MISSION TRAILS PROPERTY), CONTINUED FROM APRIL 2, 2024, TO MAY 7, 2024 (670.70)
Public Correspondence: Monte Johnson, City resident.
Matisse Reischl, Assistant City Manager, provided an agenda report.
Mayor Farias opened the public hearing.
Public Testimony: Steve Behmerwohld, City resident.
Council Action: Moved by Council Member Hart, seconded by Council Member Campbell, and carried unanimously to continue the Public Hearing to consider the Purchase and Sale Agreement for the sale of the City-owned Mission Trails property to the Paul J. Valenzuela Trust, from April 2, 2024, to May 7, 2024.
CONSENT CALENDAR:
Council Action: Moved by Council Member Hart, seconded by Mayor Pro Tem Bourne, and carried unanimously to approve consent calendar items E1 through E6, as recommended by staff, with Council Member Taylor recused from E7 due to proximity to his resident.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES – SPECIAL MEETING (EXECUTIVE SESSION) OF MARCH 19, 2024, APPROVED
E3. CITY COUNCIL MINUTES – REGULAR MEETING OF MARCH 19, 2024,
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM FEBRUARY 9, 2024, THROUGH FEBRUARY 22, 2024, RECEIVED AND FILED (300.30)
E5. FISCAL YEAR 2023-24 SECOND QUARTER FINANCIAL REPORT, RECEIVED AND FILED; AND PROPOSED ADJUSTMENTS TO THE CITY’S
OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS FOR
FISCAL YEAR 2023-24, APPROVED (330.30)
E6. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND FILED (410.00)
E7. LOS RIOS PARK RENTAL FEES FOR THE FESTIVAL OF THE BUTTERFLIES EVENT ON AUGUST 3, 2024, HOSTED BY GOIN NATIVE THERAPEUTIC GARDENS, WAIVED; TEMPORARY VARIATION TO THE PARK RULES AND 5 4/2/2024
REGULATIONS FOR LOS RIOS PARK TO ACCOMMODATE THE EVENT, APPROVED; SALE AND CONSUMPTION OF ALCOHOL IN ADHERENCE TO MUNICIPAL CODE CHAPTER 21, SECTION 5-21.04 (P), APPROVED; ALL EVENT ELEMENTS AND EQUIPMENT, INCLUDING DÉCOR, REQUIRED TO REMAIN WITHIN THE BOUNDARIES OF LOS RIOS PARK; AND,
RECOMMENDED ACTION FOUND CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE
CEQA GUIDELINES, SECTION 15061(B)(3) (390.30)
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell, Bourne, and Mayor Farias NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Taylor
ADMINISTRATIVE ITEMS:
F1a. URGENCY ORDINANCE 1116 ADOPTED ENTITLED “AN INTERIM
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO PROHIBITING NEW COMMERCIAL BATTERY ENERGY
STORAGE SYSTEMS WITHIN THE CITY OF SAN JUAN CAPISTRANO, ADOPTED AS AN URGENCY MEASURE; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.”
Public Correspondence: Ryan Waterman, Brownstein Hyatt Farber Schreck, LLP; and Rachel McMahon, California Energy Storage Alliance.
Paul Garcia, Principal Planner, provided a PowerPoint presentation and responded to questions.
Public Comments: Paul McMillen, Engie North America; Dana ButlerMoburg, The Shea Center; Sarah Mehta, no place of residence provided; Cathleen Prior, Laguna Heights Community Association.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Hart, seconded by Council Member Taylor, and carried unanimously to adopt URGENCY ORDINANCE 1116 entitled “AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO PROHIBITING NEW COMMERCIAL BATTERY ENERGY
STORAGE SYSTEMS WITHIN THE CITY OF SAN JUAN CAPISTRANO, ADOPTED AS AN URGENCY MEASURE; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA;” with the following language added to Section 3 of the Ordinance: As used in this ordinance, the term “commercial” means the use of a BESS facility to provide electricity to third parties, for consideration; and within Section 3 modify the three references of BESS with the word “commercial” in front of those references.
6 4/2/2024
SAN JUAN HOUSING AUTHORITY (Refer to Housing Authority Minutes) COUNCIL ACTION ITEMS: None.
CITY COUNCIL REPORTS:
Council Member Campbell attended Assemblymember Laurie Davies Woman of the Year Award Ceremony.
CITY MANAGER REPORT: None.
ADJOURNMENT:
There being no further business Mayor Farias adjourned the meeting at 7:15 p.m. to Tuesday, April 16, 2024, 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,
___________________________
CHRISTY JAKL, ACTING CITY CLERK
Approved: April 16, 2024
ATTEST:
___________________________
SERGIO FARIAS, MAYOR