1 5/7/2024
MINUTES
May 7, 2024
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Farias called the Regular meeting of May 7, 2024, of the City Council of the City of San Juan Capistrano to order at 5:10 p.m. Council Member Campbell led the Pledge of Allegiance and Council Member Hart gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Sergio Farias and Council Members Howard Hart, John Taylor, and John Campbell.
COUNCIL MEMBERS ABSENT: Mayor Pro Tem 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, Christy Jakl, Acting 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: – COUNCIL MEMBER TAYLOR
INTRODUCED: Ted Rosenfeldt, Planning Commissioner; and former Mayor Larry Kramer.
B2. MARCO FORSTER MIDDLE SCHOOL RECOGNIZED FOR CALIFORNIA
DISTINGUISHED SCHOOL DESIGNATION
ORAL COMMUNICATIONS:
• Larry Kramer, City resident; Tyler Mosher, representing Office of 5th District Supervisor Katrina Foley; and Steve Behmerwohld, City resident.
PUBLIC HEARINGS:
D1. CITY MANAGER AUTHORIZED TO EXECUTE A PURCHASE AND SALE
AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED TO THE
AGENDA REPORT, FOR THE SALE OF 6.78-ACRES OF CITY-OWNED PROPERTY LOCATED AT 28432 CALLE ARROYO WITH PAUL J.
VALENZUELA; AND RECOMMENDED ACTION FOUND EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTIONS 15301 AND 15312. (670.70)
Matisse Reischl, Assistant City Manager, provided a PowerPoint presentation and responded to questions.
2 5/7/2024
Mayor Farias opened the public hearing.
• Public Comments: Ted Rosenfeldt, City resident.
Mayor Farias closed the public hearing.
Council Action: Moved by Council Member Taylor, seconded by Council Member Campbell, and carried 4-0 with Mayor Pro Tem Bourne absent to authorize the City Manager to execute a Purchase And Sale Agreement, substantially in the form attached to the Agenda Report, for the sale of 6.78-Acres of City-owned property located at 28432 Calle Arroyo with Paul J. Valenzuela; and recommended action found exempt from the California Environmental Quality Act (CEQA) per Sections 15301 and 15312.
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell, Taylor, and Mayor Farias NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
D2. ORDINANCE 1119 ADOPTED ENTITLED, “AN INTERIM ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO EXTENDING URGENCY ORDINANCE NO. 1116 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;” EXTENDING THE CITY’S
PROHIBITION ON NEW COMMERCIAL BATTERY ENERGY STORAGE
SYSTEMS WITHIN THE CITY FOR TEN MONTHS AND FIFTEEN DAYS TO
PROVIDE STAFF WITH ADDITIONAL TIME TO RESEARCH, STUDY, AND PREPARE RECOMMENDATIONS FOR THE COUNCIL’S CONSIDERATION;
REPORT DESCRIBING MEASURES TO ALLEVIATE CONDITIONS THAT LED TO ADOPTION OF URGENCY ORDINANCE NO. 1116 (THE “10-DAY
REPORT”), APPROVED; AND SAID ACTIONS FOUND EXEMPT FROM
REVIEW UNDER CEQA PER CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE) AND, IN THE ALTERNATIVE, CEQA GUIDELINES SECTION 15307 (PROTECTION OF NATURAL RESOURCES), AND, IN THE ALTERNATIVE, CEQA GUIDELINES SECTION 15308 (PROTECTION OF THE
ENVIRONMENT), AND, IN THE ALTERNATIVE, PUBLIC RESOURCES CODE SECTION 21080(B)(4) AND CEQA GUIDELINES SECTION 15269
(EMERGENCY PROJECTS). (1000.10)
• Public Correspondence: Todd Voelker, no place of residence provided; Renée Louise Robin, Engie North America.
Joel Rojas, Development Services Director, provided a PowerPoint presentation and responded to questions.
Mayor Farias opened the public hearing.
3 5/7/2024
• Public Comments: Paul McMillen, Engie North America; Patty Cabada, no place of residence provided; and Sarah Mehta, no place of residence provided.
Mayor Farias closed the public hearing.
Christy Jakl, Acting 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 Mayor Pro Tem Bourne absent to adopt ORDINANCE 1119 entitled, “AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO EXTENDING
URGENCY ORDINANCE NO. 1116 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” extending the City’s prohibition on new commercial battery energy storage systems within the city for ten months and fifteen days to provide staff with additional time to research, study, and prepare recommendations for the Council’s consideration; report describing measures to alleviate conditions that led to adoption of Urgency Ordinance No. 1116 (the “10- Day Report”), approved; and said actions found exempt from review under CEQA per CEQA Guidelines Section 15061(b)(3) (Common Sense) and, in the Alternative, CEQA Guidelines Section 15307 (Protection of Natural Resources), and, in the Alternative, CEQA Guidelines Section 15308 (Protection of the Environment), and, in the Alternative, Public Resources Code Section 21080(b)(4) and CEQA Guidelines Section 15269 (Emergency Projects).
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell, Taylor, and Mayor Farias NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
CONSENT CALENDAR:
Council Action: Moved by Council Member Taylor, seconded by Council Member Hart, and carried 4-0 with Mayor Pro Tem Bourne absent to approve consent calendar items E1 through E6, E8, E9 and E11, as recommended by staff.
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell, Taylor, and Mayor Farias NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES – REGULAR MEETING (EXECUTIVE SESSION) OF APRIL 16, 2024, APPROVED
4 5/7/2024
E3. CITY COUNCIL MINUTES – REGULAR MEETING OF APRIL 16, 2024,
APPROVED
E4. CHECK REGISTERS FOR THE PERIOD FROM MARCH 8, 2024, THROUGH APRIL 4, 2024, RECEIVED AND FILED (300.30)
E5. CITY MANAGER AUTHORIZED TO EXECUTED AN AMENDMENT WITH TYLER TECHNOLOGIES, INC. (600.30)
E6. VACANCY DECLARED ON THE PLANNING COMMISSION; AND CITY CLERK
DIRECTED TO PREPARE AND POST APPROPRIATE NOTICES TO SOLICIT APPLICATIONS (110.10)
E7. NEIGHBORHOOD REQUEST TO INSTALL SPEED HUMPS ON CALLE
RICARDO BETWEEN PEPPERTREE BEND AND CALLE ASPERO,
APPROVED; AND PROPOSED ACTION FOUND EXEMPT FROM CEQA PER SECTION 15301 (590.50)
Thomas Toman, Public Works Director, provided an agenda report and responded to questions.
• Public Comments: City resident, no name provided.
Council Action: Moved by Council Member Taylor, seconded by Council Member Campbell, and carried 4-0 with Mayor Pro Tem Bourne absent to approve a neighborhood request to install speed humps on Calle Ricardo between Peppertree Bend and Calle Aspero, approved; and proposed action found exempt from CEQA per Section 15301.
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell, Taylor, and Mayor Farias NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
E8. CITY MANAGER AUTHORIZED TO EXECUTED A THREE-YEAR
MEMORANDUM OF UNDERSTANDING (MOU), WITH TWO OPTIONAL ONEYEAR ADMINISTRATIVE EXTENSIONS, WITH AMERICAN LEGION POST #721
FOR THE NON-EXCLUSIVE USE OF THE COMMUNITY CENTER COURTYARD AND SENIOR LOUNGE LOCATED AT 25925 CAMINO DEL AVION AND
EXCLUSIVE USE OF A PORTION OF THE OLD FIRE STATION COMPLEX GARAGE LOCATED AT 31411 LA MATANZA STREET; AND A FULL FEE WAIVER OF ASSOCIATED RENTAL FEES, APPROVED (600.30)
E9. MAYOR AUTHORIZED TO EXECUTE A FIRST OPERATING MEMORANDA TO DEVELOPMENT AGREEMENT 21-001 BETWEEN THE CITY OF SAN
JUAN CAPISTRANO AND ADVANCED GROUP RELATED TO THE DISTRITO
LA NOVIA - SAN JUAN MEADOWS PROJECT, TO EXTEND ITS DURATION BY THREE YEARS TO JUNE 7, 2027; AND DETERMINATION MADE THAT 5 5/7/2024
NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED FOR SAID ACTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166 AND STATE CEQA GUIDELINES SECTION 15162. (600.30)
E10. DENIAL OF A REQUEST FOR A FINDING FOR PUBLIC CONVENIENCE OR
NECESSITY (PCN) AS REQUIRED BY THE CALIFORNIA DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL TO ALLOW THE SALE OF ALCOHOL WITH A TYPE 48 LICENSE FOR ON AND OFF PREMISES CONSUMPTION IN
ASSOCIATION WITH APRIVATE CIGAR LOUNGE AND BAR, TO BE LOCATED AT 27129 CALLE ARROYO, SUITE 1803 (ASSESSOR PARCEL NUMBER: 666- 131-17); AND, FINDING THAT SAID ACTION IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTION 15270 (PROJECTS WHICH ARE DISAPPROVED) (APPLICANT: WINSTON’S CIGAR LOUNGE AND BAR) – ITEM TABLED TO JUNE 4, 2024 (585.15)
• Public Correspondence: Rick J. Collins, Winston’s Cigar Lounge & Bar; and Kristen Jones, Capistrano Beach resident (submitted 2 correspondences).
Joel Rojas, Development Services Director, provided an agenda report and responded to questions.
• Public Comments: Rick J. Collins, Winston’s Cigar Lounge & Bar; and Kristen Jones, Capistrano Beach resident.
Council Action: Moved by Council Member Hart, seconded by Council Member Taylor, and carried 4-0 with Mayor Pro Tem Bourne absent to table the item to June 4, 2024.
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell, Taylor, and Mayor Farias NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
E11. AMENDMENT TO CITY COUNCIL POLICY 136 PERTAINING TO
TRANSPARENCY LAWS FOR OFFICIAL AND PERSONAL USE OF SOCIAL MEDIA, APPROVED (610.30)
ADMINISTRATIVE ITEMS:
F1a. CITY MANAGER AUTHORIZED TO INCORPORATE THE PROPOSED
ACCESSIBILITY IMPROVEMENTS INTO THE SPORTS PARK TURF
RENOVATION AND LIGHTING IMPROVEMENTS PROJECT (CIP 24204); APPROPRIATE $200,000 FROM THE FACILITIES OPERATIONS FUND,
EARMARKED FOR AMERICANS WITH DISABILITIES ACT (ADA)
IMPROVEMENTS, TO THE PROJECT; APPROPRIATE $265,000 FROM THE GENERAL FUND RESERVES TO THE PROJECT; AND PROPOSED ACTION 6 5/7/2024
FOUND EXEMPT FROM CEQA PER SECTION 15301, EXISTING FACILITIES (920.40)
• Public Correspondence: Jan Van Leeuwen, AYSO.
Thomas Toman, Public Works Director, provided a PowerPoint presentation and responded to questions.
Council Action: Moved by Council Member Hart seconded by Council Member Taylor, and carried 4-0 with Mayor Pro Tem Bourne absent to authorize the City Manager to incorporate the proposed accessibility improvements into the Sports Park Turf Renovation and Lighting Improvements Project (CIP 24204); appropriate $200,000 from the Facilities Operations Fund, earmarked for Americans With Disabilities Act (ADA) improvements, to the project; appropriate $265,000 from the General Fund Reserves to the project; and proposed action found exempt from CEQA per Section 15301, Existing Facilities.
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell, Taylor, and Mayor Farias NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Housing Authority Minutes)
COUNCIL ACTION ITEMS:
H1. STAFF DIRECTED TO SEND LETTERS OF SUPPORT TO THE CALIFORNIA STATE ASSEMBLY APPROPRIATIONS COMMITTEE REGARDING AB 2081
AND THE CALIFORNIA SENATE APPROPRIATIONS COMMITTEE
REGARDING SB 913 (660.40)
Council Member Campbell provided an agenda report and responded to questions.
Council Action: Moved by Council Member Taylor, seconded by Council Member Hart, and carried 4-0 with Mayor Pro Tem Bourne absent to direct staff to send letters of support to the California State Assembly Appropriations Committee regarding AB 2081 and the California Senate Appropriations Committee regarding SB 913.
ROLL CALL:
AYES: COUNCIL MEMBER: Hart, Campbell, Taylor, and Mayor Farias NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Bourne
7 5/7/2024
CITY COUNCIL REPORTS:
• Council Member Campbell attended the following meetings and events: Sober Living Task Force meeting; Arroyo Bird House Park ribbon cutting; Medal of Valor luncheon for Orange County Sherrif’s Department; Dia Del Niño event; and Southern California Association of Governments meeting.
CITY MANAGER REPORT: Ben Siegel, City Manager, announced that the newly-constructed City Council Chamber located at the San Juan Capistrano Community Center will host its first City Council meeting on Tuesday, May 21, with a reception prior to starting the meeting.
ADJOURNMENT:
There being no further business Mayor Farias adjourned the meeting at 6:53 p.m. to Tuesday, May 21, 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 Community Center – 25925 Camino Del Avion.
Respectfully submitted,
___________________________
CHRISTY JAKL, CITY CLERK
Approved: May 21, 2024
ATTEST:
___________________________
SERGIO FARIAS, MAYOR