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22-1101_CC_Minutes_Regular Meeting1 1/1/2022 MINUTES November 1, 2022 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING BUSINESS SESSION: Mayor Reeve called the Regular Meeting of November 1, 2022, of the City Council of the City of San Juan Capistrano to order at 5:11 p.m. Council Member Farias led the Pledge of Allegiance and Mayor Pro Tem Hart gave the invocation. ROLL CALL: COUNCIL MEMBERS PRESENT: Mayor Derek Reeve, Mayor Pro Tem Howard Hart, and Council Members Sergio Farias, 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: Ted Rosenfeldt, Parks, Equestrian and Community Services Commission; man Jerry Muir, former City commissioner. B2. THE GROVES SENIOR APARTMENTS, PRESENTED WITH MAYOR’S AWARD FOR PROJECT OF THE YEAR; HERITAGE BARBECUE, PRESENTED WITH MAYOR’S AWARD FOR BUSINESS OF THE YEAR; AND PROVIDENCE MISSION HOSPITAL, SAN JUAN CAPISTRANO POLICE SERVICES, AND ORANGE COUNTY FIRE AUTHORITY STATION 7 PRESENTED WITH THE MAYOR’S AWARD FOR FIRST RESPONDER AND MEDICAL PROFESSIONALS HEROES OF SAN JUAN CAPISTRANO ORAL COMMUNICATIONS: • Barbara Szemenyei, City resident (provided handouts); Clint Worthington, no place of residence (provided handouts); Joanna Marquez, City resident. PUBLIC HEARINGS: D1. PUBLIC HEARING TO CONSIDER DISPOSITION AND DEVELOPMENT AGREEMENTS TO SELL 1.2-ACRES OF CITY-OWNED PROPERTY LOCATED AT 31776 EL CAMINO REAL AND 26874 ORTEGA HIGHWAY TO 26874 ORTEGA HIGHWAY LLC, CONTINUED FROM NOVEMBER 1, 2022, TO NOVEMBER 14, 2022 (600.30) 2 11/1/2022 Council Member Taylor recused himself and left the Council Chamber due to real property interest. Matisse Reischl, Assistant to the City Manager, provided an agenda report. Mayor Reeve opened the public hearing. No public testimony was received. Council Action: Moved by Mayor Pro Tem Hart, seconded by Council Member Bourne, and carried 4-0 with Council Member Taylor abstained to continue the Public Hearing to consider Disposition and Development Agreements to sell 1.2-acres of City-owned property located at 31776 El Camino Real and 26874 Ortega Highway to 26874 Ortega Highway LLC, from November 1, 2022, to November 14, 2022. ROLL CALL: AYES: COUNCIL MEMBERS: Bourne, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Taylor D2. PUBLIC HEARING TO CONSIDER PURCHASE AND SALE AGREEMENTS TO SELL 0.2-ACRES OF CITY-OWNED PROPERTY TO SJCM, LLC AND 0.13- ACRES OF CITY-OWNED PROPERTY TO SJC MISSION VENTURES, LLC LOCATED AT 31681 CAMINO CAPISTRANO, CONTINUED FROM NOVEMBER 1, 2022, TO NOVEMBER 14, 2022 (600.30) Council Member Taylor recused himself and left the Council Chamber due to real property interest. Matisse Reischl, Assistant to the City Manager, provided an agenda report. Mayor Reeve opened the public hearing. No public testimony was received. Council Action: Moved by Mayor Pro Tem Hart, seconded by Council Member Bourne, and carried 4-0 with Council Member Taylor abstained to continue the Public Hearing to consider Purchase and Sale Agreements to sell 0.2-acres of City-owned property to SJCM, LLC and 0.13-acres of City-owned property to SJC Mission Ventures, LLC located at 31681 Camino Capistrano, from November 1, 2022, to November 14, 2022. ROLL CALL: AYES: COUNCIL MEMBERS: Bourne, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Taylor 3 11/1/2022 CONSENT CALENDAR: Council Action: Moved by Council Member Farias, seconded by Council Member Taylor, and carried unanimously to approve consent calendar items E1 through E4, E6 and E9, as recommended by staff, with Mayor Pro Tem Hart opposed to consent calendar E5. 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 OCTOBER 18, 2022 (EXECUTIVE SESSION), APPROVED E4. CITY COUNCIL MINUTES – REGULAR MEETING OF OCTOBER 18, 2022, APPROVED E5. ORDINANCE NO. 1105 ADOPTED ENTITLED “AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CODE AMENDMENT (CA) 20-001 TO AMEND THE MAMMOTH OFFICES PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 90-02 TO ADD CHURCHES, WITH UP TO FOUR ANCILLARY RESIDENCES WHICH SHALL BE RESTRICTED TO USE FOR EMPLOYEES AND ARE NOT TO BE CHARGED RENT, WITH APPROVAL OF A CONDITIONAL USE PERMIT, AND REMOVING ALL OTHER USES OTHER THAN TELECOMMUNICATIONS TOWERS WITH APPROVAL OF A CONDITIONAL USE PERMIT AT THE PROPERTIES LOCATED AT 29402 RANCHO VIEJO ROAD (ASSESSOR’S PARCEL NUMBERS 650-011-34 & 650-011-39) (APPLICANT: THE PRS GROUP, PHILLIP SCHWARTZE) (PROPERTY OWNER: GRACE INTERNATIONAL), AND DETERMINE THAT THE PROJECT IS EXEMPT FROM CEQA REVIEW PURSUANT TO THE COMMON SENSE EXEMPTION” (440.25) • Public Correspondence: Bob King, Save Our San Juan ROLL CALL: AYES: COUNCIL MEMBERS: Bourne, Taylor, Farias, and Mayor Reeve NOES: COUNCIL MEMBERS: Mayor Pro Tem Hart ABSENT: COUNCIL MEMBERS: None E6. REGULAR MEETING SCHEDULE REVISED BY ADDING A CITY COUNCIL MEETING ON MONDAY, NOVEMBER 14, 2022 (610.15) 4 11/1/2022 E7. 2022 WALL OF RECOGNITION HONOREES: GERALD MUIR, ANN RONAN, AND DR. JULIE RYAN-JOHNSON (210.10) Council Action: Moved by Council Member Bourne, seconded by Council Member Farias, and carried unanimously to select Gerald Muir, Ann Ronan, and Dr. Julie Ryan-Johnson for the 2022 Wall of Recognition. E8. CITY MANAGER AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1 TO THE CONSTRUCTION CONTRACT WITH RHOME PROFILE CONSTRUCTION CORP. IN THE AMOUNT OF $88,142 FOR DIFFERING SITE CONDITIONS AND REVISIONS TO THE DESIGN PLANS, FOR A TOTAL CONSTRUCTION CONTRACT AMOUNT OF $335,746; AND, $150,000 APPROPRIATED FROM THE PARKING MAINTENANCE FUND TO THE FISCAL YEAR 2022-2023 RAMOS STREET PARKING LOT EXPANSION PROJECT – PHASE 2 (CIP 20204) (600.30) Council Member Taylor recused and left the Council Chamber due to a proximity to his residence. Benjamin Siegel, City Manager, provided a report and responded to questions. Tom Toman, Public Works Director, responded to questions. Council Action: Moved by Council Member Farias, seconded by Mayor Pro Tem Hart, and carried 4-0 with Council Member Taylor recused to authorize the City Manager to execute Change Order No. 1 to the Construction Contract with Rhome Profile Construction Corp. in the amount of $88,142 for differing site conditions and revisions to the design plans, for a total construction contract amount of $335,746; and, appropriate $150,000 from the Parking Maintenance Fund to the Fiscal Year 2022-2023 Ramos Street Parking Lot Expansion Project – Phase 2 (CIP 20204). ROLL CALL: AYES: COUNCIL MEMBERS: Bourne, Farias, Hart, and Mayor Reeve NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Taylor E9. PAYMENT OF A $24,896.60 FEE IN LIEU OF CONSTRUCTING A HISTORIC DEPICTION PROGRAM AT THE NEW IN-N-OUT RESTAURANT ACCEPTED IN ACCORDANCE WITH CITY COUNCIL POLICY NO. 606 (910.50) 5 11/1/2022 ADMINISTRATIVE ITEMS: F1. CITY MANAGER a. ADOPTION OF A CITY COUNCIL POLICY IMPLEMENTING A CITY SOCIAL MEDIA PLATFORM (610.30) – CONTINUED TO THE NOVEMBER 14, 2022, MEETING • Public Correspondence: Heather Chapman, UNIDOS South OC. F1b. UPDATE ON NEW CITY HALL AND CITY COUNCIL CHAMBER RELOCATION PROJECTS, RECEIVED AND FILED (200.30) Matisse Reischl, Assistant to the City Manager, provided a PowerPoint presentation. Council Action: Moved by Council Member Farias, seconded by Mayor Pro Tem Hart, and carried unanimously to receive and file the update. F1. DEVELOPMENT SERVICES b. REQUEST TO INITIATE A REZONE STUDY TO ESTABLISH A COMPREHENSIVE DEVELOPMENT PLAN 22-01 TO GOVERN LAND USES ON THE APPROXIMATELY 161-ACRE SADDLEBACK CHURCH RANCHO CAPISTRANO PROPERTY, INCLUDING A PROPOSED ENERGY STORAGE FACILITY USE LOCATED AT 29251 CAMINO CAPISTRANO, DENIED (460.20) • Public Correspondence: Steven Rizzuto, Laguna Niguel resident. Paul Garcia, Senior Planner, provided a presentation and responded to questions. • Public Comments: Applicant Brett Kotrba, Community Valley Community Church; and David Oslosky, on behalf of Teresa Romero Carr, Laguna Niguel resident. Council Member Farias made a motion, seconded by Mayor Reeve to initiate a Rezone study to establish Comprehensive Development Plan 22-01 that would govern the land uses on the approximately 161-acre Saddleback Church Rancho Capistrano property, including a proposed energy storage facility use, but motion failed due to approved substitute motion. Substitute Council Action: Moved by Council Member Taylor, seconded by Mayor Pro Tem Hart, and carried 3-2 with Council Member Farias and Mayor Reeve opposed to deny the request to initiate a Rezone study to establish Comprehensive Development Plan 22-01 that would govern the land uses on the approximately 161-acre Saddleback Church Rancho Capistrano property, including a proposed energy storage facility use 6 11/1/2022 ROLL CALL: AYES: COUNCIL MEMBERS: Bourne, Taylor, and Mayor Pro Tem Hart NOES: COUNCIL MEMBERS: Farias and Mayor Reeve ABSENT: COUNCIL MEMBERS: None 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: None. CITY COUNCIL REPORTS: •Council Member Taylor thanked Mayor Reeve for those recognized under the Mayor’s Awards. CITY MANAGER REPORT: None. ADJOURNMENT: There being no further business Mayor Reeve adjourned the meeting at 7:27 p.m. to Monday, November 14, 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. Respectfully submitted, ___________________________ MARIA MORRIS, CITY CLERK Approved: November 14, 2022 ATTEST: ______________________________ HOWARD HART, MAYOR PRO TEM