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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. 2 4/18/2023 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