23-0418_CC_Minutes_Regular Meeting1 4/18/2023
MINUTES
April 18, 2023
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Hart called the Regular Meeting of April 18, 2023, of the City Council of the City
of San Juan Capistrano to order at 5:10 p.m. Mayor Hart led the Pledge of Allegiance
and Council Member Taylor 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, Planning Commission;
Ann Ronan, and Anna Dickinson, Cultural Heritage Commission; and former
Mayor Larry Kramer, City resident.
B2. ORANGE COUNTY TRANSPORTATION AUTHORITY AND METROLINK
PROVIDED A PRESENTATION REGARDING DEL OBISPO RAILROAD
CROSSING
B3. APRIL 9 – 15, 2023, DESIGNATED AS NATIONAL PUBLIC SAFETY
TELECOMMUNICATORS WEEK
B4. MAY 2023, DESIGNATED AS NATIONAL HISTORIC PRESERVATION MONTH
ORAL COMMUNICATIONS:
•Fred Smoller, Orange County Sustainability Decathlon (provided video);
Keon Maluia, Representing Congressman Mike Levin.
PUBLIC HEARINGS: None.
CONSENT CALENDAR:
Council Action: Moved by Mayor Pro Tem Farias, seconded by Council Member Taylor,
and carried unanimously to approve consent calendar items E1 through E9, E11, E12
and E13, as recommended by staff, with Council Member Bourne abstained from
consent calendar item E2 and E3.
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E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES – REGUALR MEETING (EXECUTIVE SESSION) OF
APRIL 4, 2023, APPROVED
ROLL CALL:
AYES: COUNCIL MEMBER: Taylor, Campbell, Farias, and Mayor Hart
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Bourne
E3. CITY COUNCIL MINUTES – REGULAR MEETING OF APRIL 4, 2023,
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. CHECK REGISTERS FOR THE PERIOD FROM MARCH 10, 2023, TO
MARCH 23, 2023, RECEIVED AND FILED (300.30)
E5. CASH AND INVESTMENTS REPORT FOR THE MONTH ENDED
JANUARUY 31, 2022 (330.50)
E6. ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR
2021-22, AND RELATED AUDIT REPORTS, RECEIVED AND FILED (350.30)
E7. ORDINANCE NO. 1110 ADOPTED ENTITLED “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
FINDING REZONE (RZ) 22-004 CONSISTENT WITH THE APPROVED
ADDENDUM TO THE 2014-2021 HOUSING ELEMENT MITIGATED
NEGATIVE DECLARATION AND THE 1999 GENERAL PLAN
ENVIRONMENTAL IMPACT REPORT, AND APPROVING RZ 22-004, AMEND
THE GENERAL PLAN LAND USE MAP AND ZONING MAP TO GENERAL
OPEN SPACE AND SPECIFIC PLAN/PRECISE PLAN, ALLOWING UP TO 700
DWELLING UNITS IN THE SPECIFIC PLAN/PRECISE PLAN AND REMOVING
CITY OWNED LAND FROM DEVELOPABLE AREA, LOCATED AT ASSESSOR
PARCEL NUMBERS 121-070-57 AND PORTIONS OF 121-070-66 AND 121-
070-67 (OSO RANCH)” (440.25/460.20)
3 4/18/2023
E8. ORDINANCE NO. 1111 ADOPTED ENTITLED “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
FINDING REZONE (RZ) 22-002 AND CODE AMENDMENT (CA) 22-003
CONSISTENT WITH THE APPROVED ADDENDUM TO THE 2014-2021
HOUSING ELEMENT MITIGATED NEGATIVE DECLARATION AND THE 1999
GENERAL PLAN ENVIRONMENTAL IMPACT REPORT, AND APPROVING RZ
22-002 AND CA 22-003 FOR SAN JUAN PLAZA SPECIFIC PLAN – HOUSING
ELEMENT IMPLEMENTATION: A REQUEST TO AMEND THE ZONING MAP
AND LAND USE CODE TO ESTABLISH A SPECIFIC PLAN, ALLOWING
MIXED USE DEVELOPMENTS WITH UP TO 60 DWELLING UNITS PER
ACRE, LOCATED AT 32211, 32221, 32231, 32241, 32261, 32281 CAMINO
CAPISTRANO (APN 668-091-03) (440.25/460.20/440.20)
E9. ORDINANCE NO. 1112 ADOPTED ENTITLED “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
FINDING REZONE (RZ) 22-003 AND CODE AMENDMENT (CA) 22-004
CONSISTENT WITH THE APPROVED ADDENDUM TO THE 2014-2021
HOUSING ELEMENT MITIGATED NEGATIVE DECLARATION AND THE 1999
GENERAL PLAN ENVIRONMENTAL IMPACT REPORT, AND APPROVING OF
RZ 22-003 AND CA 22-004 FOR INDUSTRIAL RESIDENTIAL OVERLAY AND
SPECIFIC PLAN AMENDMENT – HOUSING ELEMENT IMPLEMENTATION: A
REQUEST TO AMEND THE ZONING MAP AND THE LAND USE CODE TO
CREATE A RESIDENTIAL OVERLAY ZONE ON INDUSTRIAL ZONED
PROPERTIES OFF CAMINO CAPISTRANO, CALLE PERFECTO, PASEO
CERVEZA, VIA DE ANZA, CALLE AVIADOR, & AVENIDA AEROPORTO TO
ALLOW FUTURE REDEVELOPMENT CONSISTENT WITH THE VERY HIGH
DENSITY RESIDENTIAL ZONING DISTRICT, AMEND THE COSTCO
SPECIFIC PLAN TO ALLOW FOR MIXED USE DEVELOPMENT, WITH UP TO
60 DWELLING UNITS PER ACRE, LOCATED AT APNS 668-121-03/13/15, 668-
121-01/03/04/05/06, 668-291-01/03/04/05/11/14/17/18/ 19/20/22/23/24,
121-171-42, 668-041-02/03/04/05/06/09/10/13/19/20/32/33/34/35/36/ 37/38,
668-042-01/02/06,668-043-01/02/03,668-051-14/15/16,
668-052-01/02/03/04, 668-053-04, 668-231-01, 668-431-08/09/10/02/03/07,
668-501-01/02/03/04/05/06/07/08/10, AND 121-254-25/26/46/57/61/62/63/64”
E10. ORDINANCE NO. 1113 ADOPTED ENTITLED “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE CITY’S LAND USE CODE REGULATING ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO
ENSURE CONSISTENCY WITH STATE REGULATIONS; AND FINDING THE
ACTION TO BE EXEMPT FROM CEQA” (430.30)
•Public Correspondence: Dylan S. Casey and Courtney Welch, CalHDF.
Joel Rojas, Development Services Director, provided an agenda report and
responded to questions.
•Public Comments: Angela Duzich, City resident.
4 4/18/2023
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 second reading and adoption
of an ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE CITY’S
LAND USE CODE REGULATING ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS TO ENSURE CONSISTENCY WITH
STATE REGULATIONS; AND FINDING THE ACTION TO BE EXEMPT FROM
CEQA.”
E11. RESOLUTION NO. 23-04-18-01 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, INITIATING PROCEEDINGS TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 2022-2023 WITHIN EXISTING
LANDSCAPE MAINTENANCE DISTRICTS PURSUANT TO THE
LANDSCAPING AND LIGHTING MAINTENANCE ACT OF 1972, AND OPEN
SPACE MAINTENANCE DISTRICTS UNDER THE OPEN SPACE
MAINTENANCE ACT, APPOINTING THE ENGINEER OF WORK, AND
ORDERING THE PREPARATION OF THE ENGINEER’S REPORT;”
RESOLUTION NO. 23-04-18-02 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE ENGINEER’S REPORT AND DECLARING ITS
INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN EXISTING
LANDSCAPE MAINTENANCE DISTRICTS AND OPEN SPACE MAINTENANCE
DISTRICTS FOR FISCAL YEAR 2022-2023 PURSUANT TO THE PROVISIONS
OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE
STATE OF CALIFORNIA AND CHAPTER 2.5 OF DIVISION 1 OF TITLE 5 OF
THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA,
RESPECTIVELY, SETTING A TIME AND PLACE FOR THE PUBLIC HEARING
THEREON, AND MAKING CERTAIN FINDINGS AND TAKING OTHER
ACTIONS RELATING THERETO;” PROPOSED ACTION FOUND EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO THE COMMONSENSE EXEMPTION UNDER STATE CEQA
GUIDELINES, SECTION 15061(B)(3)” (345.20)
E12. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
E13. CITY’S GENERAL PLAN ANNUAL PROGRESS REPORT FOR CALENDAR
YEAR 2022, RECEIVED AND FILED; AND STAFF AUTHORIZED TO SUBMIT
THE REPORT TO THE STATE (440.20)
5 4/18/2023
ADMINISTRATIVE ITEMS:
F1. PUBLIC WORKS
a.CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH ADAMS STREETER CIVIL ENGINEERS, INC. TO
PERFORM DESIGN SERVICES, PREPARE SPECIFICATIONS AND COST
ESTIMATES FOR THE ARGUELLO WAY BEAUTIFICATION PROJECT (CIP
23102), FOR AN AMOUNT NOT TO EXCEED $140,000, WHICH INCLUDES A
25% CONTINGENCY; STAFF AUTHORIZED TO ADVERTISE AND RECEIVE
CONSTRUCTION BIDS FOR THE ARGUELLO WAY BEAUTIFICATION
PROJECT ONCE PLANS AND SPECIFICATIONS ARE COMPLETE; AND
PROPOSED ACTION FOUND EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO THE
COMMONSENSE EXEMPTION UNDER STATE CEQA GUIDELINES,
SECTION 15061(B)(3) (600.30)
Council Member John Taylor recused himself due to proximity to his residence
and left the Council Chamber.
Tom Toman, Public Works Director, provided a PowerPoint presentation and
responded to questions. Benjamin Siegel, City Manager, responded to
questions.
Mayor Hart made a motion, seconded by Council Member Campbell to authorize
the City Manager to execute a Professional Services Agreement with Adams
Streeter Civil Engineers Inc. to perform design services, prepare specifications
and cost estimates for the Arguello Way Beautification Project (CIP 23102), for
an amount not to exceed $140,000, which includes a 25% contingency; authorize
staff to advertise and receive construction bids for the Arguello Way
Beautification Project once plans and specifications are complete; and find that
the proposed action is exempt from the California Environmental Quality Act
(CEQA) pursuant to the commonsense exemption under State CEQA
Guidelines, section 15061(b)(3); and forward to the Planning Commission for
review and bring back to the City Council, but the motion failed 2-0-2 with Council
Member Taylor recused and Mayor Pro Tem Farias and Council Member Bourne
opposed.
ROLL CALL:
AYES: COUNCIL MEMBER: Campbell, and Mayor Hart
NOES: COUNCIL MEMBER: Bourne and Mayor Pro Tem Farias
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Taylor
Council Action: Moved by Council Member Bourne, seconded by Mayor Pro Tem
Farias, and carried 4-0 with Council Member Taylor recused to authorize the
City Manager to execute a Professional Services Agreement with Adams
Streeter Civil Engineers Inc. to perform design services, prepare specifications
and cost estimates for the Arguello Way Beautification Project (CIP 23102), for
6 4/18/2023
an amount not to exceed $140,000, which includes a 25% contingency; authorize
staff to advertise and receive construction bids for the Arguello Way
Beautification Project once plans and specifications are complete; and find that
the proposed action is exempt from the California Environmental Quality Act
(CEQA) pursuant to the commonsense exemption under State CEQA
Guidelines, section 15061(b)(3).
ROLL CALL:
AYES: COUNCIL MEMBER: Bourne, Campbell, Farias, and Mayor Hart
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
RECUSED: COUNCIL MEMBER: Taylor
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS: None.
CITY COUNCIL REPORTS:
•Council Member Campbell announced attending a Teacher of the Year
ceremony.
CITY MANAGER REPORT: Benjamin Siegel, City Manager, thanked staff for
submission of grant application for the La Novia Bridge project; and announced the
upcoming 2023-24 City Budget Workshop.
ADJOURNMENT:
There being no further business Mayor Hart adjourned the meeting at
6:33 p.m. to Tuesday, May 2, 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: May 2, 2023
ATTEST:
___________________________
HOWARD HART, MAYOR