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