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I now call the April 2nd, 2024 city council meeting to order City Clerk. Would you please call the roll?

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Councilmember Hart. Here.

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Councilmember Campbell. Here.

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Merviton-Born. Here.

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Mayor Perez. Here.

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Councilmember Taylor. Here.

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Okay, we have a really loud fan in here, so please bear with us. We were trying to work

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on that before, but it looks like that's as good as it's going to get. Sorry, Council

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Member Campbell. I'm going to now read the following. This meeting will be conducted

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via teleconferencing. I would like to make clear for the record that this meeting is

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being conducted by teleconference. I will now briefly go through some special procedures

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required by the Brown Act for the City Council

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to participate via teleconference.

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I would like now to request Council Member Taylor

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to respond to the following questions.

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Can you hear well?

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Yes.

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Do you have a copy of the agenda for this meeting?

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I would like to ask any member of the City Council

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to speak up at this time if such Council Member

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has not been able to clearly hear Council Member Taylor.

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Here you no comment, the record should reflect that all council members have indicated that

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they were able to hear him.

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I would next request any city council members speak up at this time if such council member

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has any reason to believe based on voice recognition or otherwise that council member

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Taylor representing is not truly so.

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Here you no comment, we will now proceed with our meeting.

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Tonight's meeting is dedicated to Chair Matt Gaffney, who unfortunately passed.

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He's a lifelong resident of the city of San Juan Capistrano, served the country in the

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Navy, past commander of American Legion Post 721, planning commission chair, historical

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historical society member, past president of Capistrano Animal Rescue, effort, founding

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board member of the Open Space Foundation, and many other services, including man hours

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put into building Riyadh Park, and that Dr. Joe Cortesi Dog Park, while I was sitting

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up here waiting for my colleagues, I actually was able to look something up that I think

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represents Matt's vision for a city well. It was a quote in the paper and it says

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things like open space are our legacy. They will last long after we're gone

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when we're just old names on on the plaque. That's what matters to me more

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than anything. Matt was a dedicated resident to this city, loved the

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of San Juan Capistrano.

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I don't think anyone would ever question that. He

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always spoke about how much he loved living in this city. Anyone here knows

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that. So tonight's meeting is dedicated in his memory. He will be missed.

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We will

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now move on to oral communications. Oh no, hold on. Sorry, sorry, sorry. Wrong

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agenda.

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We will be led by the for the Pledge of Allegiance by Council

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member Hart in the invocation by Mayor Proten-Born of

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the United States of

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America and to the Republic for which it stands one nation under God indivisible

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liberty and justice for all.

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Heavenly Father we're grateful again for the

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opportunity that we have to meet together as a city to discuss the

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important issues that our town is facing. We're grateful for the freedom to

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join together to speak our minds and to self-govern.

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We're grateful for this spring season, for

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the beautiful area in which we're able to live, for our local festivals, for the religious

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gatherings and festivities, and the way that they bring us together as a community. We're

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grateful for those who look after us, for first responders, and pray that they might

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be protected as they serve. We pray that we might be able to deliberate collaboratively

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this afternoon to be able to reach good decisions that will be of benefit and blessing to our residents

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and do so in the name of Jesus Christ.

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Mayor Pro Tem, would you please introduce Commissioner's present at tonight's meeting?

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I think Ted Rosenfeld.

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I see Planning Commissioner Ted Rosenfeld.

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And glad you're here. Thanks for being here.

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Oh, wow.

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Can I see?

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Thank you.

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Is that Shelly Barker?

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Back there. Is that Shelly Barker? It is Shelly Barker from Parks and Rec. Thanks for being here, Shelly.

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Thank you, Mayor, for them.

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We will now move on to item B2.

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Item B2 is a proclamation designating April 24th as National Donate Life Month.

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Good evening. It is an honor to present this important proclamation designating April 2024 as DMV Donate Life Month.

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With me is Leslie Eskelsten, one legacy ambassador.

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Whereas, Oregon Eye Tissue Marrow and Blood Donation are life-giving acts recognized worldwide as expressions of compassion to those in need.

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And whereas more than 100,000 individuals nationwide and more than 20,000 in California are currently on the National Oregon Transplant Waiting List

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and on average 17 people die each day while waiting.

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And whereas the need for donated organs is especially urgent in Hispanic, Latino, and African American communities.

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And whereas a single individual's donation of the heart, lungs, liver, kidneys, pancreas, and small intestines can save up to eight lives.

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and whereas donation of tissue can save and heal lives of more than 75 others,

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whereas organ donors saved more than 46,000 lives last year, the most ever,

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and whereas any person can register to be an organ, eye, and tissue donor,

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regardless of age or medical condition,

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and whereas being a registered donor does not impact the quality of life-saving

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medical care a person receives in an emergency and whereas California

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residents can sign up with a Donate Life California donor registry online at

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any time by visiting donatelifecalifornia.org or for Spanish

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speakers donavidacalifornia.org and whereas California residents can sign

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up to be an organ, eye, and tissue donor when applying for or renewing their driver's

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licenses or ID cards at the California DMV.

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And whereas California residents interested in saving a life through living kidney donation

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may visit livingdonationscalifornia.org.

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Now therefore, be it resolved that in recognition of National Donate Life Month, the month

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of April 2024 is hereby proclaim DMV Donate Life Month in the city of San Juan Capstrano

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and in doing so we encourage all Californians to check yes online when applying for or renewing

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their driver's license or ID card at the DMV.

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Would you please do it if you would?

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Thank you. Yes. I'd be happy to. Very important numbers that you just heard. So in the country

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Today there are about 114 people waiting for a life-giving organ and 20% of those are in

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California and the unfortunate number is that only 3% and 1,000 people are eligible

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to be donors at the time of their death.

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One of those that was lucky to become a donor, it's like a silver lining story.

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This is my late husband Paul.

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He became a donor over six years ago when he suffered a very spontaneous and very

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quickly fatal brain injury spontaneously.

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And he was able to donate his heart, lungs, liver, kidneys, and saved the lives of four

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people six years ago.

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One lucky grandma, if you're doing the math, received both his kidney and one of his kidneys

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and his liver.

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His corneas were used to improve the site or regain the site of two different people

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in Germany, and his bone skin and tissue were subsequently used to improve the lives

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of over 75 people through bone and skin grafts.

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So I'm very grateful to the City of San Juan Capistrano for your continued support for Donate Life Month and the life-saving work that we try to do.

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And I appreciate all of you and hope that you'll consider becoming a registered organi and tissue donor if you aren't already.

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Thank you very much.

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Thank you.

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Now,

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moving on to oral communications, persons wishing to address the City Council or the

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Housing Authority on any business that is not listed on the agenda may do so in person

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by attending tonight's meeting or by providing a slip.

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Do we have any persons wishing to address the City Council?

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Yes, Mr. Mayor, Diane Harky followed by Susan Rees and Tyler Mosher.

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Hi,

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Mr. Mayor, council members and of course Mr. Siegel. Thank you so much. We

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called but a week ago or whatever to complain about some some surly

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activities going on in the creek creek bed where we are by Rancho Sierra Vista

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and it was almost immediate that Captain Justice Montano and his

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deputies and the staff took action and the place is now cleaned up a

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bit and we're very, very happy. So thank you for responding to us as a public safety issue

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and we really do appreciate it. So this is from the ladies over at Rancho Sierra Vista

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and I think some of the guys too who use the creek who go out on trails. So I've got some

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candy here for the captain and his staff and I think I think we have the sergeant here

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with us if you'd like to right here. But I want to thank you all for your quick response.

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It was just really wonderful to see the response especially right after Swallow's day.

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Thank you.

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Hello.

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I'm here to share the success of our nonprofit organization and the work we provided in San Juan Capistrano over the past year.

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It's actually almost two years ago.

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And we are Groundswell, formerly known as OC Human Relations.

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When we come together under this banner of humanity, empathy, care, and love, we create a groundswell,

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a wave of belonging that carries us forward together.

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In the past year, these are our impact areas.

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We reached over 70,000 students, educators, staff, and parents through our youth and education program.

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We taught 2015 middle and high school students across OC in conflict resolution skills.

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We mentored 397 students in our bridges safe and inclusive school programs who coordinated 96 school-wide inclusion and diversity events throughout Orange County Schools.

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We provided 67 training courses to teachers, administrators, and our restorative schools to use alternative approaches to punitive responses for resolving conflicts.

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We helped over 1,100 conflict cases through our mediation services in civil and family courts, which frees up court time for more important things.

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We trained 174 mediators and worked with 77 volunteer mediators who donated over 3,600 hours.

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We partnered with the county of Orange and 211 Orange County to set up a 24-hour hotline for people to report hate activity.

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And we trained over 2,200 individuals from 38 nonprofits, businesses, government agencies,

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and educational institutions on topics ranging from implicit bias, restorative circle, conflict

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resolution skills, and I'm going to say it, but people don't like it, diversity,

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equity, and inclusion.

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These cohorts could potentially reach over 100,000 people through their services.

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We hope that the City of San Juan Capistrano will continue to reach out during times when they experience, when our expertise can help you.

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We're pleased to share how we worked with residents in San Juan Capistrano specifically during that last fiscal year.

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in collaboration with the County of Orange Law.

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Enforcement agencies, schools, community organizations, and residents.

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We make a hate crime report every year, and in that year, two hate crimes and two hate

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incidents were documented in San Juan Capistrano.

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We work to build a sense of community among San Juan Capistrano residents and staff through

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our continual countywide crime education victim outreach and support.

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In conclusion, Groundswell has appreciated the opportunity to do work in your city,

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granting us to support schools and cities, address community conflict,

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and sustain a human relations infrastructure.

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We hope you'll consider participating in our annual dues program.

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Thank you.

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Thank you.

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Oh, and I have an annual report.

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Next speaker, please.

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Hello.

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My name is Tyler Moser.

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I'm with the Office of Supervisor Katrina Foley.

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I'm just here to give a quick update to both the council and the public.

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Our office had a fantastic time celebrating the Swallows Day parade a few weekends ago

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right here in the city of San Juan Capistrano.

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Supervisor Foley will not be making any public appearances for the next few weeks as she

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is recovering from two surgeries.

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I will be filling in for her until she's back.

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We'd also like to use this as an opportunity to remind everyone to wear their sunscreen.

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screen. In celebration of Women's History Month in March, we hosted the third annual

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Women Making a Difference Awards and Brunch on Saturday at the Orange County Museum of

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Art. This event celebrated the accomplishments of outstanding women and lawyers who make

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a difference in Orange County. On Wednesday of this past week, the supervisor also

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initiated her first round table on the status of women and girls in Orange County with

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local women leaders in government, education, and other sectors. At the Board of Supervisors

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meeting on Tuesday of this past week, we recognized Vietnam War Veterans Day, which

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took place on Friday, March 29th. The supervisor is committed to working with our local veteran

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leaders to continue the progress we've made and to do even more. We've also endorsed

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the package of four bills that address abuse in sober living homes, including SB 1334,

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which is carried by State Senator Josh Newman. The I-5 South County Improvements Project,

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which will improve 6.5 miles of Interstate 5 through Mission Viejo all the way to Lake Forest

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is estimated to be complete by early 2025. Lastly, passenger service along the low-sane corridor,

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which the train tracks that run through Sanke-Money have resumed, and Supervisor Foley has met with

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State Senator Katherine Blakespear multiple times about amending changes to her Senate Bill 1098,

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date, which require improved guidance or recommendations between local stakeholders as necessary to ensure

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the performance of the Loson corridor. And that's all I have to share for today. Thank

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you.

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Thank you.

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Does anyone here in attendance, is there anyone that would like to address

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the City Council on items not listed on the agenda? You may do so at this time.

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Seeing none, I'll move on to public hearings.

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Mayor, if I might I don't believe we did a report out of closed session. Would you like me to? Oh, I'm sorry

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Is there anything to report out? There is nothing

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Thank you

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Moving on to public hearings item D1

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City clerk, could you please read the title of the item? Yes item D1 is a conservation of a code amendment to amend the

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Los Rios specific plan

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May we please have a staff report?

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Yes council member Taylor.

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Thank you council member

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Good evening council. For the record, my name is Laura Stokes. Before you this evening is consideration of Code Amendment 23-002, an amendment to the Los Rios specific plan.

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The Los Rios specific plan encompasses several properties within the central San Juan Capistrano, generally known as Los Rios Historic District.

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The subject of the Code Amendment tonight has to do with two private properties.

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The one that's just been outlined in red on the screen is a private residence owned by Mr. Stephen Rios,

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and it's on the north side of our subject properties today.

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And then the southern property is occupied by the Zoo Mars Petting Zoo and Hidden House Coffee House.

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Those two properties encompass the subject of this Code Amendment,

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And it's specific to the western most portion of those sites highlighted in or outlined in yellow on the screen.

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And it's specifically the district historic commercial within the specific plan document.

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So the uses that are currently permitted within the historic commercial district include retail sales, farming and nurseries, equestrian oriented uses, passive parks and administrative offices.

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There's a couple of conditionally permitted uses, including small animal raising and horse keeping.

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00:20:34,420 --> 00:20:40,620
The proposed amendment before you tonight is to allow for eating establishments of less than 1,000 square feet

225
00:20:40,620 --> 00:20:43,760
in conjunction with the principle or conditionally permitted use.

226
00:20:44,400 --> 00:20:50,540
This would allow for any restaurant to go onto the site and operate as long as there's already existing use

227
00:20:51,160 --> 00:20:54,280
that's principally permitted or permitted under a conditional use permit.

228
00:20:55,480 --> 00:21:06,860
When the proposal went before the planning commission, the applicant requested that the use also allow for beer and wine in conjunction with that eating and drinking establishment.

229
00:21:07,100 --> 00:21:16,380
However, the planning commission recommended that beer and wine only be served after an accessory use permit has been requested and approved by the city.

230
00:21:16,380 --> 00:21:20,040
So that is also within your proposed package tonight.

231
00:21:20,320 --> 00:21:22,340
Amendments to the accessory use permit section

232
00:21:22,340 --> 00:21:24,500
to allow for accessory use permits

233
00:21:24,500 --> 00:21:26,980
within the historic commercial zoning district.

234
00:21:28,240 --> 00:21:30,580
Staff also identified several cleanup items

235
00:21:30,580 --> 00:21:34,920
that should be made including some grammatical errors

236
00:21:34,920 --> 00:21:36,940
identifying clearly that a petting zoo

237
00:21:36,940 --> 00:21:39,040
be permitted within the historic commercial district

238
00:21:39,040 --> 00:21:41,340
since there is one already under a conditional use permit.

239
00:21:41,920 --> 00:21:43,940
And clarify that the parking is satisfied

240
00:21:43,940 --> 00:21:45,920
by the adjacent parking lots

241
00:21:45,920 --> 00:21:50,200
which has been a policy in process with all different business license that have gone

242
00:21:50,200 --> 00:21:57,000
on to the site. It's just nowhere stated within the code itself. Finally, when the City Council

243
00:21:57,000 --> 00:22:02,020
considered this code amendment back in June of last year, there were some concerns with

244
00:22:02,020 --> 00:22:06,680
the potential for alcohol service on the site. And so it was the Council's direction

245
00:22:06,680 --> 00:22:11,120
that should alcohol be permitted, that there be some sort of physical barrier between

246
00:22:11,120 --> 00:22:15,740
the historic commercial and the historic residential zone which is on the same

247
00:22:15,740 --> 00:22:19,980
property and so that was identified as a code amendment as well that should

248
00:22:19,980 --> 00:22:24,260
alcohol be permitted under an accessory use permit a physical barrier must be

249
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installed between the two districts.

250
00:22:30,220 --> 00:22:32,380
So the applicant is also requesting an

251
00:22:32,380 --> 00:22:36,540
amendment to the boundary between the historic commercial and the historic

252
00:22:36,540 --> 00:22:41,460
residential districts within their property. The current boundaries

253
00:22:41,460 --> 00:22:43,260
It is somewhat arbitrary, it's hard to plot.

254
00:22:43,900 --> 00:22:46,600
It was kind of just a line placed on a plan

255
00:22:46,600 --> 00:22:48,100
at some point in the past.

256
00:22:48,720 --> 00:22:50,480
It currently bisects the property,

257
00:22:50,740 --> 00:22:53,020
bisects structures, and bisects the use

258
00:22:53,020 --> 00:22:54,460
that's ongoing on the site.

259
00:22:55,540 --> 00:22:58,300
The proposed boundary would allow for more space

260
00:22:58,300 --> 00:23:01,020
to be encompassed within the historic commercial district.

261
00:23:01,640 --> 00:23:03,660
And where staff is supportive of it

262
00:23:03,660 --> 00:23:06,080
is it's really a logical location.

263
00:23:06,280 --> 00:23:08,580
It moves the boundary closer to the railroad tracks

264
00:23:08,580 --> 00:23:14,240
and it would follow the line of the residential structure and storage facilities that are on the site.

265
00:23:15,580 --> 00:23:23,000
The image on your screen currently shows the current boundary line in red, the proposed boundary line in green,

266
00:23:23,420 --> 00:23:28,140
and then the hatched out area which would then become a part of the historic commercial district.

267
00:23:28,140 --> 00:23:35,240
The historic or the uses of this area currently are both zoomars, storage for

268
00:23:35,240 --> 00:23:39,800
the site as well as additional uses that are in line with the historic

269
00:23:39,800 --> 00:23:44,460
commercial zoning versus the hidden house coffee house and the residential

270
00:23:44,460 --> 00:23:49,540
structure on the historic residential side. This would really give two

271
00:23:49,540 --> 00:23:53,220
structures that one of which is historic and not going to be relocated

272
00:23:53,220 --> 00:23:57,280
or moved anytime soon so that staff, the property owner, future property

273
00:23:57,280 --> 00:24:01,440
future users can clearly identify where the boundary line between these two

274
00:24:01,440 --> 00:24:04,360
districts within the historic zone are located.

275
00:24:07,150 --> 00:24:09,370
So staff has reviewed the Code

276
00:24:09,370 --> 00:24:12,510
Amendment, Planning Commission has reviewed the Code Amendment and

277
00:24:12,510 --> 00:24:16,010
determined that all the findings for approval of the Code Amendment can be

278
00:24:16,010 --> 00:24:19,790
made. Additionally, the Planning Commission recommended at their hearing

279
00:24:19,790 --> 00:24:24,220
that the Council consider directing staff to investigate standards for

280
00:24:24,220 --> 00:24:29,200
restaurants adjacent to residential properties. Since it appears that the

281
00:24:29,200 --> 00:24:32,760
neighbors who were really bringing up some concerns with a restaurant within

282
00:24:32,760 --> 00:24:36,980
this area appear to have been resolved based off of correspondence received from

283
00:24:36,980 --> 00:24:40,980
those neighbors, staff doesn't believe that this direction is necessary any

284
00:24:40,980 --> 00:24:45,480
longer. So with that staff is recommending that the council approve of the

285
00:24:45,480 --> 00:24:49,560
first reading of an ordinance adopting Code Amendment 23-002 to the

286
00:24:49,560 --> 00:24:53,280
Los Rios specific plan related eating establishments in the historic

287
00:24:53,280 --> 00:24:57,020
commercial district and find that the action is categorically exempt from CEQA.

288
00:24:57,500 --> 00:25:01,920
I'm available for any questions. The applicant is also here, although I don't believe he has

289
00:25:01,920 --> 00:25:05,880
a formal presentation. He'll probably be able to answer questions as well.

290
00:25:06,420 --> 00:25:08,300
Are there any questions of staff?

291
00:25:11,460 --> 00:25:12,120
Council Member Hart?

292
00:25:12,800 --> 00:25:18,120
Yes, Mr. Mayer. Thank you. A couple of questions.

293
00:25:24,750 --> 00:25:26,770
I guess the biggest one is the

294
00:25:26,770 --> 00:25:27,370
the

295
00:25:28,210 --> 00:25:30,970
Kind of the line drawing where it is

296
00:25:31,770 --> 00:25:37,350
And you're saying it was just kind of arbitrarily drawn across that that property parcel

297
00:25:37,350 --> 00:25:43,190
Correct. It's doesn't follow any lot lines doesn't follow any structures that actually bisect structures

298
00:25:44,410 --> 00:25:50,390
Is that the curl swear on those three or is it just this one or in the

299
00:25:50,390 --> 00:25:54,470
Districters just this one property where this I

300
00:25:54,470 --> 00:26:01,030
I cannot recall specifically, but I know it has in the past that we've cleaned up in other locations specifically the city's park

301
00:26:02,110 --> 00:26:03,150
It was

302
00:26:03,710 --> 00:26:06,530
Over some structures as well and that got cleaned up in the past

303
00:26:07,850 --> 00:26:12,110
So theoretically you could end up with some line going through your family

304
00:26:13,470 --> 00:26:14,970
That is correct

305
00:26:18,430 --> 00:26:20,870
Can't drink can't drink by the television

306
00:26:24,270 --> 00:26:24,790
Okay.

307
00:26:27,570 --> 00:26:30,210
Yeah. Okay. I guess that's, that was my main question.

308
00:26:34,230 --> 00:26:35,850
Any other questions of stuff?

309
00:26:38,460 --> 00:26:40,460
I will now open the item to the public.

310
00:26:41,420 --> 00:26:45,640
Person's wishing to address the city council on this item may do so at this time.

311
00:26:48,550 --> 00:26:53,250
I have to request to speak from Pamela King and Tiana Rios.

312
00:27:04,320 --> 00:27:06,880
Good evening to you. My name is Pamela King.

313
00:27:06,880 --> 00:27:14,340
I humbly come before you today to have you consider the importance and the beauty of the little tip

314
00:27:14,340 --> 00:27:22,200
of our Los Rios historical district, Zoumars. I would like you to consider the changes wanting

315
00:27:22,200 --> 00:27:30,180
to be made and the alcohol with the kids parties. January 1st, 2005, Omar and Carolyn

316
00:27:30,180 --> 00:27:32,300
and moved me into the Los Rios Cottage.

317
00:27:33,080 --> 00:27:36,480
I managed Zoomars, the counter, the parties,

318
00:27:37,060 --> 00:27:37,780
and the gift shop.

319
00:27:38,580 --> 00:27:42,140
At that time, we ran six parties out of Zoomars,

320
00:27:42,380 --> 00:27:45,260
and on the weekends, the line rang from the counter

321
00:27:45,260 --> 00:27:47,100
clear around to Los Rios Street.

322
00:27:48,860 --> 00:27:51,360
One of the areas that is considered today here

323
00:27:51,360 --> 00:27:53,900
was the biggest party area and the most popular.

324
00:27:58,430 --> 00:28:01,470
We tried the alcohol thing with the kids in the parties.

325
00:28:01,990 --> 00:28:04,390
We allowed the people to bring in their own alcohol.

326
00:28:05,830 --> 00:28:10,970
Parties starting at 10 o'clock in the morning and drinking.

327
00:28:11,550 --> 00:28:13,170
I could write a book on the things that happened.

328
00:28:14,130 --> 00:28:16,310
The kids were left alone to do their things.

329
00:28:16,550 --> 00:28:17,730
The kids abused the animals.

330
00:28:18,150 --> 00:28:19,390
I can go on and on.

331
00:28:19,970 --> 00:28:20,630
Think about it.

332
00:28:20,750 --> 00:28:22,230
10 o'clock drinking, day drinking.

333
00:28:22,510 --> 00:28:25,630
Are we really encouraging that in a historical setting

334
00:28:25,630 --> 00:28:28,010
with party people for their children?

335
00:28:30,040 --> 00:28:32,760
Since Zumaar now closes at 4 p.m.,

336
00:28:32,760 --> 00:28:35,920
why are we encouraging day drinking with children?

337
00:28:36,900 --> 00:28:38,380
One time we got in an accident.

338
00:28:38,740 --> 00:28:41,180
Thank God we didn't get sued from the person that over-drank

339
00:28:41,180 --> 00:28:42,600
while they were there at the party area.

340
00:28:46,660 --> 00:28:49,400
The boundaries for the historical society

341
00:28:49,400 --> 00:28:51,360
are known when Zumaars was sold.

342
00:28:52,500 --> 00:28:53,960
This is a historical place,

343
00:28:54,500 --> 00:28:56,100
not a place to put another restaurant

344
00:28:56,100 --> 00:28:57,560
that we don't need in town.

345
00:28:58,360 --> 00:29:00,580
We also did the round table pizza.

346
00:29:01,100 --> 00:29:05,720
We she moved in that was over by the other wire aid to service our party people.

347
00:29:06,340 --> 00:29:08,640
Well guys, her pizza was too much.

348
00:29:09,020 --> 00:29:12,440
Costco pizza for children was sufficient and she went out of business.

349
00:29:13,080 --> 00:29:14,860
Do we have to put another pizza place,

350
00:29:15,420 --> 00:29:20,200
right or salad or sandwich place right in the historical little footprint of our life?

351
00:29:21,800 --> 00:29:23,500
The coffee shop is wonderful.

352
00:29:23,500 --> 00:29:28,260
When they first opened the coffee shop, the roaster was on the side in front.

353
00:29:29,060 --> 00:29:30,280
Then they moved it to the back.

354
00:29:30,840 --> 00:29:36,120
We put up now with a motorboat sounding like going on and off all night long, all day long.

355
00:29:36,780 --> 00:29:37,900
We have put up with this.

356
00:29:38,380 --> 00:29:41,800
Now we're supposed to put up with some more chaos of drinking.

357
00:29:43,000 --> 00:29:45,680
Till 4 o'clock in the morning, is it going to open till 8?

358
00:29:46,280 --> 00:29:50,000
People would jump in the zoo to brutalize the animals.

359
00:29:51,680 --> 00:29:55,940
What are we really asking for here? Can we just wait for a year and see how this thing

360
00:29:55,940 --> 00:29:59,400
whole goes before we analyze this restaurant and this drinking?

361
00:30:00,000 --> 00:30:06,950
Is this day drinking for party children? I beg you, and thank you for your time.

362
00:30:07,350 --> 00:30:09,590
Thank you. Next speaker, please.

363
00:30:16,970 --> 00:30:24,970
Hi, good evening. My name is Tiana Rios. I'm Stephen Rios' daughter, and I reside at the Rios Adobe 31781 Los Rios Street.

364
00:30:25,430 --> 00:30:34,050
My dad couldn't be here tonight, but he asked that I come and speak and just reiterate that we are an opposed to the eatery.

365
00:30:34,790 --> 00:30:39,550
We understand now that it's not going to be a wood-burning pizza eatery.

366
00:30:40,110 --> 00:30:42,970
So our family is not opposed to eatery establishment.

367
00:30:43,990 --> 00:30:45,850
We're friends with the Omklus family.

368
00:30:46,030 --> 00:30:50,590
My dad and Dan talk frequently, and they've been communicating about this.

369
00:30:51,030 --> 00:30:55,930
As far as the conditional use permit for the alcohol, we do not oppose that.

370
00:30:56,050 --> 00:31:02,750
We just ask that, as my dad said in his letter, that we just consider the residents close by my family.

371
00:31:02,750 --> 00:31:11,750
And perhaps we can have those clothes either when zoomers or hidden houses closes or, you know, the Ramos house, how they have...

372
00:31:12,770 --> 00:31:16,790
Ramos house and tea house can extend their hours at certain times. So we wouldn't be opposed to that.

373
00:31:16,930 --> 00:31:21,490
But we want to work with Dan. Dan's trying to work with us. We're neighbors at the end of the day.

374
00:31:21,770 --> 00:31:25,550
And we understand Los Rios Street's going to grow and things change.

375
00:31:25,690 --> 00:31:30,130
And we just ask that us residents be considered with the changes. Thank you guys.

376
00:31:31,190 --> 00:31:31,930
Thank you.

377
00:31:35,810 --> 00:31:39,710
Would any other member of the public like to address the city council on this item?

378
00:31:51,900 --> 00:31:52,880
I think that's one.

379
00:31:55,800 --> 00:32:07,180
Good evening mayor and city council members. I wasn't preparing to speak this evening, but I do want to say a couple things after hearing a couple of my neighbors.

380
00:32:07,180 --> 00:32:12,800
The first thing that I would like to say is that I am super grateful that our neighbors

381
00:32:12,800 --> 00:32:22,040
are able to speak with one another and address our concerns face to face and prior to involving

382
00:32:22,040 --> 00:32:25,600
any city personnel.

383
00:32:26,620 --> 00:32:32,760
And I see that in 2024 that has become more realistic and I'm grateful for that and I'm

384
00:32:32,760 --> 00:32:34,340
speaking to my neighbors as well.

385
00:32:34,340 --> 00:32:41,140
The other thing I wanted to mention is that I understand where Pam is coming from Pam King,

386
00:32:41,340 --> 00:32:49,960
and I would like to second the Rios family and say that I am not opposed to the Rios Adobe property

387
00:32:49,960 --> 00:32:56,760
or the AlmQuest property becoming an eating and drinking establishment

388
00:32:56,760 --> 00:33:04,100
and being able to provide beverages to individuals that are gathering.

389
00:33:04,980 --> 00:33:13,520
I think that, as I've said in the past, I don't know how many people were here at that time on council,

390
00:33:14,020 --> 00:33:22,940
but we are not in a, I mean, this is America and there is no prohibition against alcohol.

391
00:33:22,940 --> 00:33:26,700
and when people gather, especially families and friends,

392
00:33:27,360 --> 00:33:30,080
eating and drinking is part of gathering.

393
00:33:30,820 --> 00:33:36,980
So I ask this council to honor the American way

394
00:33:36,980 --> 00:33:40,640
and allow for people to utilize their properties,

395
00:33:41,100 --> 00:33:45,880
which are obviously for people to gather in celebration of life.

396
00:33:46,160 --> 00:33:50,460
And I do think that people appreciate

397
00:33:50,460 --> 00:33:57,340
the Los Rios Historic District for such, and I ask that you vote yes in favor of the Rios

398
00:33:57,340 --> 00:34:03,300
Adobe and the AlmQuest Adobe, I mean, a property to provide for eating and drinking establishments

399
00:34:03,300 --> 00:34:06,780
to our residents and to visitors alike. Thank you.

400
00:34:07,980 --> 00:34:17,200
Thank you. Is there anyone else? Does the applicant have a presentation? Okay. I will

401
00:34:17,200 --> 00:34:18,480
I'm going to close the public hearing,

402
00:34:18,640 --> 00:34:19,840
bring it back to the council.

403
00:34:20,700 --> 00:34:23,060
Other comments or a motion?

404
00:34:26,760 --> 00:34:30,460
Okay, I will open the public hearing again

405
00:34:31,100 --> 00:34:32,760
and the applicant has comments.

406
00:34:35,880 --> 00:34:37,820
Just real quick, I wanted to say thank you

407
00:34:37,820 --> 00:34:39,560
for the opportunity to come before you tonight.

408
00:34:40,260 --> 00:34:42,840
I wasn't going to speak, but I do want to address

409
00:34:43,160 --> 00:34:45,180
the comment about alcohol

410
00:34:45,180 --> 00:34:48,700
and what was said about the previous owners.

411
00:34:50,060 --> 00:34:53,060
There's no way that any of that's going to take place on my watch.

412
00:34:53,500 --> 00:34:54,400
I mean, I have four kids.

413
00:34:54,740 --> 00:34:57,160
My kids all at various times work at Zoom Mars.

414
00:34:57,660 --> 00:35:00,960
You know, I think all of you know that we put a tremendous amount of money at my office right there.

415
00:35:01,880 --> 00:35:05,040
The intent isn't to, you know, have parties get boosted up.

416
00:35:05,140 --> 00:35:08,840
The intent is to open a restaurant that has beer and wine that's oriented towards families.

417
00:35:09,140 --> 00:35:11,720
So it's an ancillary part of the offering.

418
00:35:13,220 --> 00:35:17,380
You know, I can see if you had like a BYOB situation where no one's monitoring that,

419
00:35:17,380 --> 00:35:21,800
how it would get out of control, you know, any property that we own, where we control

420
00:35:21,800 --> 00:35:27,060
the alcohol, we have very strict measures. I've never had, you know, knock on wood one

421
00:35:27,060 --> 00:35:32,820
incident of any of our properties. You know, this whole use was intended to cater to families

422
00:35:32,820 --> 00:35:35,760
and the alcohol piece of it, the beer and wine is very ancillary.

423
00:35:36,980 --> 00:35:40,860
I do want to second what Tiana said. You know, Steve and I have talked quite a bit

424
00:35:40,860 --> 00:35:44,880
since we came before the Planning Commission. I think one of the big objections was

425
00:35:44,880 --> 00:35:47,440
is the wood fire pizza and the perceived smoke

426
00:35:47,440 --> 00:35:48,360
that would come from that.

427
00:35:49,180 --> 00:35:52,220
So I gave Steve my word that regardless of anything

428
00:35:52,220 --> 00:35:54,580
that's voted on, we're not gonna do that use.

429
00:35:55,640 --> 00:35:58,200
It is important given our relationship with the Rios

430
00:35:58,200 --> 00:36:01,180
that we're good neighbors and that we do something

431
00:36:01,180 --> 00:36:03,780
that doesn't impact their quality of life.

432
00:36:04,180 --> 00:36:05,620
So thank you for your time

433
00:36:05,620 --> 00:36:06,820
and we're here to answer any questions.

434
00:36:07,140 --> 00:36:08,620
Are there any questions of the applicant?

435
00:36:10,380 --> 00:36:11,880
Council Member Campbell?

436
00:36:12,160 --> 00:36:13,100
Yeah, I did have a quick question.

437
00:36:13,100 --> 00:36:18,580
And could you explain a little bit about the way that you're going to partition off the

438
00:36:18,580 --> 00:36:20,920
area that would be serving alcohol?

439
00:36:21,540 --> 00:36:22,760
How will that work?

440
00:36:23,480 --> 00:36:24,520
We'll just have a physical barrier.

441
00:36:26,920 --> 00:36:31,020
So the line is super arbitrary.

442
00:36:31,360 --> 00:36:35,520
So our thought was if you come up the side of the cottage we're going to have to, we're

443
00:36:35,520 --> 00:36:39,960
putting in some ramping to make that ADA accessible so there would be an actual gate.

444
00:36:39,960 --> 00:36:46,220
there's a gate there now where you can't go, you know, from those two buildings in the building

445
00:36:46,220 --> 00:36:50,560
we used to have our trailer into the Hidden House property so we moved that down so you wouldn't

446
00:36:50,560 --> 00:36:55,180
be able to take alcohol past the edge of the cottage and then we'd have signage along

447
00:36:56,820 --> 00:37:01,100
along River Street that would, you know, the same way we do at the project that,

448
00:37:01,140 --> 00:37:04,020
you know, basically prevents anybody from taking alcohol that way.

449
00:37:04,020 --> 00:37:04,260
Okay,

450
00:37:07,570 --> 00:37:08,230
mayor pro tem.

451
00:37:08,970 --> 00:37:10,570
Can you go over, there are some of the constraints

452
00:37:10,570 --> 00:37:12,490
where it works, but how these uses work

453
00:37:12,490 --> 00:37:14,050
to have an hour standpoint.

454
00:37:14,550 --> 00:37:16,270
So, Zoom Mars is morning and afternoon,

455
00:37:17,030 --> 00:37:18,650
the pizza place is afternoon and evening,

456
00:37:18,990 --> 00:37:20,950
the coffee is morning and afternoon and evening,

457
00:37:21,250 --> 00:37:23,470
or how these are working out from a used standpoint.

458
00:37:23,610 --> 00:37:25,970
Or sometimes there's going to be pizza with beer

459
00:37:25,970 --> 00:37:26,950
when Zoom Mars is closed?

460
00:37:27,790 --> 00:37:28,990
Yes, yeah.

461
00:37:30,990 --> 00:37:32,590
That was one of the things that was confusing

462
00:37:32,590 --> 00:37:34,230
the last go-around is,

463
00:37:34,230 --> 00:37:39,490
The zoo closes, I think we close at like four o'clock just because the animals are, you

464
00:37:39,490 --> 00:37:39,950
know, tired.

465
00:37:43,850 --> 00:37:48,330
The, you know, food, you know, component would stay open, I think we have until eight o'clock.

466
00:37:50,150 --> 00:37:52,230
You know, the idea is to have something that's viable.

467
00:37:52,570 --> 00:37:56,170
It's probably a, you know, it's a lunchtime and early evening type use.

468
00:37:57,030 --> 00:38:01,150
I think Hidden House does close around five o'clock and then it opens at six.

469
00:38:01,150 --> 00:38:04,290
So there is kind of a staggered.

470
00:38:04,530 --> 00:38:11,470
Zoomar opens at, I think it's like 9 or 10 o'clock.

471
00:38:11,810 --> 00:38:15,250
So it would probably be an hour or two before the pizza place would open.

472
00:38:17,370 --> 00:38:21,430
You know, the intent with the pizza place, I think the menu is going to change.

473
00:38:21,970 --> 00:38:28,150
But it would be, you know, basically providing an offering for people that are at the zoo.

474
00:38:28,150 --> 00:38:33,470
they come next door, you know, after, and also with the private parties that we would

475
00:38:33,470 --> 00:38:38,670
be able to provide food, you know, for those parties. We'd have some pre-prepared foods,

476
00:38:38,990 --> 00:38:42,610
you know, whether they're like, you know, little sandwiches or different things that

477
00:38:42,610 --> 00:38:48,010
people could take into the zoo and eat while they're there, kids. But then we also would,

478
00:38:48,150 --> 00:38:51,710
you know, look to serve people that aren't necessarily only going to the zoo.

479
00:38:54,450 --> 00:38:55,190
Thank you.

480
00:38:58,550 --> 00:39:03,790
I will close the public hearing now. Bring it back to Council. Are there comments

481
00:39:04,470 --> 00:39:05,250
or a motion?

482
00:39:11,590 --> 00:39:13,010
Would anyone like to move the item?

483
00:39:16,100 --> 00:39:17,400
I would like to move staff recommendation.

484
00:39:18,140 --> 00:39:24,680
Is there a second? I'll second. We have a motion on the floor. City Clerk, could you

485
00:39:24,680 --> 00:39:31,600
call roll call vote? Council Member Hart? Yes. Council Member Campbell?

486
00:39:31,600 --> 00:39:32,460
Yes.

487
00:39:33,060 --> 00:39:33,840
Mayor Patanborn?

488
00:39:34,220 --> 00:39:34,560
Yes.

489
00:39:35,020 --> 00:39:35,600
Mayor Faries?

490
00:39:35,900 --> 00:39:36,120
Yes.

491
00:39:36,860 --> 00:39:37,940
That passes unanimously.

492
00:39:38,880 --> 00:39:40,260
Well, with one abstention.

493
00:39:40,600 --> 00:39:42,020
Yeah, with council member recused.

494
00:39:42,240 --> 00:39:46,800
With one council member recused.

495
00:39:47,880 --> 00:39:50,060
And Mayor, if I may read the title of the ordinance.

496
00:39:50,420 --> 00:39:50,620
Please.

497
00:39:51,240 --> 00:39:54,460
This is an ordinance of the City Council, the City of San Juan Capistrano,

498
00:39:55,020 --> 00:39:58,080
and made in the Los Rios specific plan through code amendment

499
00:39:58,080 --> 00:40:04,680
to allow eating establishments no larger than a 1,000 square feet as accessory uses and in

500
00:40:04,680 --> 00:40:10,060
conjunction with the permitted or conditionally permitted use and with beer and wine service

501
00:40:10,060 --> 00:40:15,520
with approval of an accessory use permit in the historic commercial district and

502
00:40:15,520 --> 00:40:20,100
clarify the boundary line between the historic commercial district and the

503
00:40:20,100 --> 00:40:25,500
historic residential district that traverses the property located at 31791

504
00:40:25,500 --> 00:40:29,860
1, Los Rios Street, APN 121, 16017.

505
00:40:30,300 --> 00:40:35,740
And finally the said action is categorically exempt from California Environmental Quality Act,

506
00:40:36,240 --> 00:40:41,660
per state CEQA guidelines, sections 15311 and 15303.

507
00:40:42,000 --> 00:40:45,320
The applicant 31791, Los Rios Street, LLC.

508
00:40:45,720 --> 00:40:46,040
Thank you.

509
00:40:46,480 --> 00:40:49,820
City Clerk, could you also make sure that Council Member Taylor is back with us?

510
00:40:51,140 --> 00:40:51,420
Okay.

511
00:40:52,240 --> 00:40:54,780
Moving on to item D2.

512
00:40:57,990 --> 00:41:04,090
Item B2, use consideration of the Code Amendment to amend the Kinoshita Farm-Specific Plan.

513
00:41:05,210 --> 00:41:06,950
May we please have a staff report?

514
00:41:07,630 --> 00:41:14,040
Yes. For the record again, my name is Laura Stokes. I'm one of the city's principal planners.

515
00:41:14,580 --> 00:41:20,960
Before you this evening, this consideration of Code Amendment 18-005 to amend the Kinoshita Farm-Specific Plan.

516
00:41:22,760 --> 00:41:27,320
McKee Machine is a farm-specific plan is centrally located within the city and it's

517
00:41:27,320 --> 00:41:33,460
actually fully encompassed by a city-owned piece of property. The property includes

518
00:41:33,460 --> 00:41:37,920
includes a historic residential dwelling called the Cognitive House. The

519
00:41:37,920 --> 00:41:41,280
structure is listed on the city's inventory of historical and cultural

520
00:41:41,280 --> 00:41:47,060
landmarks and is also or also has a historic water tower on the site.

521
00:41:49,550 --> 00:41:54,150
And earlier this year, the council approved of a future skate park and trail on the site.

522
00:41:56,480 --> 00:42:00,120
The site is currently occupied by the Ecology Center.

523
00:42:00,900 --> 00:42:06,320
They started their interaction with the city back in 2008 when they applied for a conditional

524
00:42:06,320 --> 00:42:10,060
use permit to operate educational and cultural programs out of the Cogden House.

525
00:42:12,020 --> 00:42:15,980
In 2010, they entered into a five-year license agreement with the City of San

526
00:42:15,980 --> 00:42:21,380
for those educational and cultural programs and occupying and continuing to use the Cogden House.

527
00:42:22,220 --> 00:42:29,040
In 2016, the Ecology Center went back and did another conditional use permit, expanding their activities,

528
00:42:29,660 --> 00:42:35,080
and with that conditional use permit, the city approved of a 20-year license agreement for those activities to continue.

529
00:42:36,720 --> 00:42:44,700
In 2018, the adjacent farming operation, the operator there decided that they didn't want to pursue the license agreement

530
00:42:44,700 --> 00:42:48,060
that they had with the city any longer and Ecology Center actually stepped up and said

531
00:42:48,060 --> 00:42:52,460
that they would be willing to continue farming the site and so they took over the end of

532
00:42:52,460 --> 00:42:59,560
that license agreement from the prior operator. In 2022 the city entered into a 20-year license

533
00:42:59,560 --> 00:43:03,460
agreement with the Ecology Center for both the Cogden House and the adjacent farming

534
00:43:03,460 --> 00:43:08,040
operations so that Ecology Center had both operations and could continue with their

535
00:43:08,040 --> 00:43:10,380
cultural education programs as well as farming.

536
00:43:12,930 --> 00:43:15,950
Under this specific plan the site

537
00:43:15,950 --> 00:43:20,930
and the farming or the site allows for a variety of farming uses and it

538
00:43:20,930 --> 00:43:25,590
specifically includes agriculture and horticultural uses. It permits small

539
00:43:25,590 --> 00:43:30,090
animal raising and breeding. It allows for one residential dwelling unit which

540
00:43:30,090 --> 00:43:36,150
is the Cogden House. Allows for employee in caretakers quarters. Allows for

541
00:43:36,150 --> 00:43:40,470
community garden plots. Administrative offices related to the agricultural

542
00:43:40,470 --> 00:43:45,710
management and most recently the City Council approved of this public skate

543
00:43:45,710 --> 00:43:47,430
park trail and related facilities.

544
00:43:49,630 --> 00:43:52,670
The applicant is proposing to make an

545
00:43:52,670 --> 00:43:56,850
amendment to this visit plan and the main crux of the reason for the Code

546
00:43:56,850 --> 00:43:59,890
Amendment was because we were dealing with so many different governing

547
00:43:59,890 --> 00:44:02,670
documents. We had a couple different conditional use permits that had

548
00:44:02,670 --> 00:44:07,850
different operational standards. We had the specific plan itself. There was

549
00:44:07,850 --> 00:44:12,510
an underlying zoning of agriculture business, and then there was license agreements which

550
00:44:12,510 --> 00:44:14,710
also included operational allowances.

551
00:44:15,510 --> 00:44:20,650
And so their idea was to combine all the different activities, everything that they did into

552
00:44:20,650 --> 00:44:23,550
one single document, and everything else could just go away.

553
00:44:24,310 --> 00:44:27,650
Makes it easier for them, makes it easier for staff, makes it easier for any potential

554
00:44:27,650 --> 00:44:31,690
future user of the site to understand what can actually occur on the property.

555
00:44:32,750 --> 00:44:49,650
One of the primary purposes of the amendment was to ensure that all of the Ecology Center activities, all their cultural programs that had to do with farming, everything that they were educating individuals about farm to table operations would be identified and all encompass under their farming operations.

556
00:44:50,890 --> 00:44:59,310
So the activities were identified as previously being permitted under these various documents and auxiliary to the farming use itself.

557
00:44:59,310 --> 00:44:59,630
I'll see you in the next video.

558
00:44:59,630 --> 00:44:59,950
Bye.

559
00:45:01,680 --> 00:45:09,260
The applicant also requested a more streamlined process to allow for structures to be built or constructed or implemented on the site.

560
00:45:10,020 --> 00:45:16,820
Currently, under the city's code, any new structure has to go through an architectural control and because the site has historic structures on it,

561
00:45:16,900 --> 00:45:22,340
specifically the Cogden House and the Water Tower, it has to go through a site plan review.

562
00:45:22,600 --> 00:45:26,640
Sometimes things can be approved by the city's development services director.

563
00:45:26,640 --> 00:45:33,000
Other times it has to go before a hearing with the Cultural Heritage Commission or occasionally the Planning Commission.

564
00:45:33,640 --> 00:45:43,000
And so they asked to see if there were ways that they could pursue development without having to go through a lot of review for some of the smaller structures.

565
00:45:43,520 --> 00:45:52,940
And so staff reviewed what they wanted to do, the potential in the future, and really came up with some parameters that we felt comfortable writing into the code to say,

566
00:45:52,940 --> 00:45:59,760
If you have structures of up to 1000 square feet, there's specific structures associated to farming operations.

567
00:46:00,200 --> 00:46:03,000
They are more than 50 feet away from the historic structures.

568
00:46:03,400 --> 00:46:11,440
In those instances, you only would need a building permit instead of having to go through the more laborious review process with the city.

569
00:46:12,180 --> 00:46:20,300
Additionally, the applicant was looking to enhance their existing cafe with live entertainment as well as alcohol service.

570
00:46:20,940 --> 00:46:30,140
So those were two elements that they wanted to incorporate within the CISA plan for a regular use as opposed to what's currently operated, which is on an event basis.

571
00:46:31,860 --> 00:46:36,400
The Planning Commission reviewed the proposed changes, and they actually did request a change.

572
00:46:37,160 --> 00:46:47,400
The site currently allows for temporary or employee quarters, and so they identified that a maximum of six temporary employees should be on site as well as those quarters.

573
00:46:48,560 --> 00:47:02,000
They also identified that any quarters are established for the temporary employees should be constructed consistent with the architecture of the existing site, which is agrarian and more of a farm style type of structure.

574
00:47:03,040 --> 00:47:08,240
Finally, they recommend with those additions that the overall code amendment be adopted by the City Council.

575
00:47:09,260 --> 00:47:17,060
So overall the conclusive differences to the site would be that the site would have up to six additional evening events.

576
00:47:17,680 --> 00:47:22,780
The Ecology Center has several different fundraising events, dinners at nighttime with live entertainment,

577
00:47:23,320 --> 00:47:30,600
where they educate folks about the farm to table experience as well as raise funds for further educational and farming activities.

578
00:47:31,600 --> 00:47:36,420
The alcohol service would increase from the periodic events to year round onsite at their cafe.

579
00:47:37,080 --> 00:47:42,380
The live entertainment would increase from the periodic events to year round onsite at

580
00:47:42,380 --> 00:47:48,220
the cafe so long as the noise ordinance established by the city's code is retained and not exceeded.

581
00:47:48,940 --> 00:47:53,460
And that we would limit this number of seasonal workers to no more than six onsite.

582
00:47:55,510 --> 00:47:58,850
Within your package you'll find that we've received several different correspondence

583
00:47:58,850 --> 00:48:03,190
having concerns with some of the uses that are identified within this code amendment.

584
00:48:04,170 --> 00:48:18,390
We did want to acknowledge that staff has reviewed the code, has reviewed the general plan and found that all of the proposed expansion of uses as well as the uses that are currently ongoing on the site are consistent with both the zoning and the general plan.

585
00:48:18,970 --> 00:48:26,210
Additionally, our Council has reviewed Measure D, which was referenced in a couple of the correspondence and confirmed that the uses are consistent with Measure D as well.

586
00:48:26,210 --> 00:48:32,640
So staff and planning commission was able to make all the necessary findings for

587
00:48:32,640 --> 00:48:36,760
the approval of the conditional use permit and we are recommending that the

588
00:48:36,760 --> 00:48:42,760
council approve the first reading of an ordinance adopting code amendment 18-005

589
00:48:42,760 --> 00:48:46,460
for the Kina sheet of farm specific plan related to the Ecology Center and

590
00:48:46,460 --> 00:48:50,640
find that the action is categorically exempt from CEQA. I am open and

591
00:48:50,640 --> 00:48:53,960
available for questions and I believe the applicant is in the audience

592
00:48:53,960 --> 00:48:59,020
available as well. Council Member Hart? Thank you Mr. Mayor.

593
00:49:01,640 --> 00:49:04,840
What is the noise limit? What

594
00:49:04,840 --> 00:49:10,260
are the noise limits of the code? So the city has several different noise regulations

595
00:49:10,260 --> 00:49:17,020
including adjacent to residential. No noise that's coming from an adjacent site can be

596
00:49:17,020 --> 00:49:23,180
over 65 decibel levels after 6, I'm sorry, after 10 p.m. to residents, that goes down

597
00:49:23,180 --> 00:49:30,980
to 55 decibels as it gets later, and then finally 40, at no point can you exceed 45

598
00:49:30,980 --> 00:49:31,420
decibels.

599
00:49:31,620 --> 00:49:32,880
What is it before?

600
00:49:33,980 --> 00:49:36,760
There's no limitation before 10 p.m.

601
00:49:37,580 --> 00:49:41,320
So they can have the Rolling Stones playing there?

602
00:49:43,620 --> 00:49:45,620
I do, I know I misspoke.

603
00:49:45,620 --> 00:49:49,900
Look, there's a different table within the noise section that has different standards.

604
00:49:51,020 --> 00:49:51,880
One moment.

605
00:49:52,680 --> 00:49:53,580
You got it.

606
00:49:53,720 --> 00:49:53,860
Laura.

607
00:49:54,560 --> 00:49:55,340
Go ahead.

608
00:49:55,800 --> 00:49:57,140
You just crushed his dreams.

609
00:49:58,140 --> 00:49:58,280
Here.

610
00:49:59,280 --> 00:50:00,880
At least got the kinks.

611
00:50:01,160 --> 00:50:01,280
Okay.

612
00:50:01,920 --> 00:50:02,160
Okay.

613
00:50:02,780 --> 00:50:03,500
Jill's going to look it up.

614
00:50:03,860 --> 00:50:04,160
Okay.

615
00:50:04,840 --> 00:50:05,220
No.

616
00:50:06,300 --> 00:50:10,780
I do think there's a legitimate concern if we're having, you know,

617
00:50:13,300 --> 00:50:15,340
ACGC playing

618
00:50:15,340 --> 00:50:28,620
at the Ecology Center, ending at 9.59 p.m. 65 decibels, however, is pretty tame, especially

619
00:50:28,620 --> 00:50:37,520
given the setback from residential and the ambient traffic noise, I would think. I'm

620
00:50:37,520 --> 00:50:39,840
concerned about the before 10 p.m., I guess.

621
00:50:39,840 --> 00:50:40,040
Thank you.

622
00:50:40,440 --> 00:50:41,260
Jill will confirm.

623
00:50:41,980 --> 00:50:42,240
Thank you.

624
00:50:47,140 --> 00:50:47,800
Complicated section.

625
00:50:52,280 --> 00:50:54,880
Wouldn't it be true that anything that's considered a nuisance?

626
00:50:57,180 --> 00:50:59,520
Like if there is a complaint of nuisance, that would be an issue.

627
00:50:59,600 --> 00:51:03,480
In addition to the specific decibel standards in our code, yes.

628
00:51:03,680 --> 00:51:08,240
This city or the neighbors could also still bring either public or private nuisance action.

629
00:51:09,160 --> 00:51:09,400
Yeah.

630
00:51:09,680 --> 00:51:13,660
So it's 65 decibels between 7 a.m. and 7 p.m.

631
00:51:14,500 --> 00:51:18,780
And then 55 decibels is the limit between 7 p.m. and 10 p.m.

632
00:51:19,300 --> 00:51:22,260
And then 45 decibels between 10 p.m. and 7 a.m.

633
00:51:22,980 --> 00:51:23,920
So it's totally off.

634
00:51:28,160 --> 00:51:31,440
My blunder is probably exceeding that.

635
00:51:33,580 --> 00:51:35,540
Measured at the adjoining property line.

636
00:51:35,700 --> 00:51:38,800
So if there was a noise complaint, we would go to the adjoining neighbor,

637
00:51:38,960 --> 00:51:41,260
go to their property line and take measurements there.

638
00:51:45,230 --> 00:51:45,670
Yeah, thank you.

639
00:51:45,670 --> 00:51:46,230
Council Member Campbell.

640
00:51:46,510 --> 00:51:46,830
Thank you, Mayor.

641
00:51:49,170 --> 00:51:57,230
just so I can get in context, what's 65 decibels? Is that a lot more? Is it 65 decibels? Am I

642
00:51:57,230 --> 00:52:02,770
speaking at 65 decibels right now? What is, is there any way you can give me an indication?

643
00:52:04,710 --> 00:52:08,630
I think that fan is about 65 decibels. That sucker's got to be more than 65.

644
00:52:09,590 --> 00:52:13,950
Again, it depends how close you are to the noise source. Like if you, if you...

645
00:52:13,950 --> 00:52:19,770
No, I'm talking from the lot line where you do your measurements. Yeah a car you're going back to the lot line

646
00:52:19,770 --> 00:52:25,350
You're going to say okay. This is what 65 decibels is yeah if you were at a lot line in a car went by it

647
00:52:25,350 --> 00:52:29,430
When it went by it probably would register over 65 decibels on your noise meter

648
00:52:30,390 --> 00:52:33,470
The ambient sound is probably around 50 to 55

649
00:52:35,150 --> 00:52:39,950
But with traffic the ambience is probably 60 to 65 if there was

650
00:52:39,950 --> 00:52:45,570
music in the middle of the Kaji center depending which way the wind blowing it

651
00:52:45,570 --> 00:52:49,990
was blowing and how loud they have it. It could exceed 65 possibly but most likely

652
00:52:49,990 --> 00:52:50,530
it wouldn't.

653
00:52:54,210 --> 00:53:00,590
I'm on the internet so this is for sure accurate. It says that 75

654
00:53:00,590 --> 00:53:05,950
decibels is a vacuum cleaner. 80 decibels is an alarm clock doorbell

655
00:53:05,950 --> 00:53:10,170
telephone call. 65 your question is a normal conversation level.

656
00:53:12,910 --> 00:53:13,690
So that's

657
00:53:13,690 --> 00:53:21,670
pretty tame. So the the intent of combining all of the various rules and

658
00:53:21,670 --> 00:53:27,210
regulations we've put into place over the decades is to make it simplify this

659
00:53:27,210 --> 00:53:29,890
the plan is that's my general idea.

660
00:53:32,090 --> 00:53:34,730
There's there's a statement here is

661
00:53:34,730 --> 00:53:40,390
identifying the review process for mute future minor site modifications so I'm

662
00:53:40,390 --> 00:53:50,450
Assuming that is the request to go through without review for those small structures within the site, is that correct?

663
00:53:50,630 --> 00:53:50,910
Correct.

664
00:53:53,230 --> 00:54:01,900
So regarding the temporary housing, is there temporary housing on the site now?

665
00:54:02,540 --> 00:54:03,300
There is.

666
00:54:03,820 --> 00:54:06,440
Okay, and where is that on the site plan? Where would I find that?

667
00:54:06,840 --> 00:54:08,540
It's adjacent to the Cogden House.

668
00:54:09,480 --> 00:54:10,860
50 feet away, I would assume.

669
00:54:10,860 --> 00:54:13,960
It's less than 50 feet, but they're temporary structures.

670
00:54:14,340 --> 00:54:15,900
They're what's known as YURTS,

671
00:54:16,480 --> 00:54:20,520
which are fancy camping gear and tents.

672
00:54:20,820 --> 00:54:21,720
It's a fancy cool tent.

673
00:54:22,060 --> 00:54:22,300
Yes.

674
00:54:22,740 --> 00:54:22,900
Okay.

675
00:54:23,520 --> 00:54:26,380
And is it the intention so that at this point though,

676
00:54:26,400 --> 00:54:28,760
for that, for those YURTS to remain,

677
00:54:29,460 --> 00:54:33,500
that they, so they're appropriate now?

678
00:54:33,880 --> 00:54:35,200
I mean, there's no reason to have a mood.

679
00:54:35,360 --> 00:54:37,720
They don't have a, they don't require a permit.

680
00:54:37,720 --> 00:54:43,420
And so it's for any permanent fixtures or permanent structures that go up would need

681
00:54:43,420 --> 00:54:44,920
to abide by the code section.

682
00:54:45,700 --> 00:54:46,180
Okay.

683
00:54:46,320 --> 00:54:52,420
And that's part of the agribusiness designation or is that part of the, so how are those being

684
00:54:52,420 --> 00:54:52,900
approved now?

685
00:54:53,560 --> 00:54:57,120
They've been approved under the current specific plan which allows for temporary

686
00:54:57,120 --> 00:54:59,840
housing, I'm sorry, temporary seasonal workers.

687
00:55:00,900 --> 00:55:01,200
Okay.

688
00:55:01,360 --> 00:55:03,860
So those are occupied, how many months of the year?

689
00:55:04,220 --> 00:55:06,580
I'm going to let the applicant respond to that question.

690
00:55:06,580 --> 00:55:09,940
he gave a very good and detailed response previously to the planning commission.

691
00:55:10,500 --> 00:55:11,380
Okay, very good.

692
00:55:14,070 --> 00:55:18,370
Is the existing caretaker that's on the site now,

693
00:55:18,890 --> 00:55:23,930
is that caretaker residing at the Cognon House, or are they residing at a different location?

694
00:55:24,210 --> 00:55:28,090
I believe they are residing at the Cognon House, but again, I'll let the applicant confirm.

695
00:55:28,090 --> 00:55:28,570
OK.

696
00:55:39,420 --> 00:55:49,080
I'm concerned about allowing of overseeing or overlooking the normal planning process

697
00:55:49,080 --> 00:55:58,340
regarding those changes that the property can go through without zoning. The thousand

698
00:55:58,340 --> 00:56:04,660
square foot requirement, so the storage containers or anything they build without

699
00:56:04,660 --> 00:56:10,900
city approval, is it just 1,000 feet or anything less than 1,000 feet? Is that

700
00:56:10,900 --> 00:56:16,620
correct? Any structure less than 1,000 feet. Okay, so it could be any kind of

701
00:56:16,620 --> 00:56:22,280
structure? Or does it have to be agribusiness related? It has to be

702
00:56:22,280 --> 00:56:26,480
agriculture business related. Okay, so if they were to decide that they wanted

703
00:56:26,480 --> 00:56:31,660
to perhaps build a cafe or an additional structure, additional restaurant

704
00:56:31,660 --> 00:56:36,280
That would be fall outside of those those parameters. Is that correct? Correct.

705
00:56:46,850 --> 00:56:48,170
It's it. Thank you very much

706
00:56:52,230 --> 00:56:53,330
Councilmember Taylor, please

707
00:57:10,980 --> 00:57:17,840
No, our code does not prohibit amplified sound it just sits at very low decibel level 55 after

708
00:57:20,050 --> 00:57:20,690
10 p.m. 45

709
00:57:33,380 --> 00:57:41,060
Well, it can purr the noise ordinance, but if it's someone's disturbing the peace, then the the sheriff would get a call and deal with that situation.

710
00:57:41,800 --> 00:57:45,060
So maybe in those situations, music may have to be stopped.

711
00:57:52,440 --> 00:57:59,460
Yes, that those decibel levels apply citywide and they differ based on types of uses.

712
00:57:59,460 --> 00:58:01,700
is what I read to you was from residential.

713
00:58:02,340 --> 00:58:05,620
There are different standards for industrial districts.

714
00:58:14,120 --> 00:58:14,740
Correct.

715
00:58:19,130 --> 00:58:19,570
Thank you.

716
00:58:20,730 --> 00:58:21,530
Council Member Campbell.

717
00:58:22,910 --> 00:58:27,870
Is it my understanding that the development that's

718
00:58:27,870 --> 00:58:31,150
been approved by previous recommendations

719
00:58:31,150 --> 00:58:32,790
or previous rules by the council,

720
00:58:33,310 --> 00:58:35,890
that that has to be done within the existing footprint?

721
00:58:36,310 --> 00:58:39,670
So the existing footprint of the agricultural section

722
00:58:39,670 --> 00:58:42,470
of the farm cannot be touched.

723
00:58:42,930 --> 00:58:46,310
Any additional structures or maintenance buildings

724
00:58:46,310 --> 00:58:48,610
or food processing buildings, that sort of thing,

725
00:58:48,830 --> 00:58:51,530
has to be done in the area that doesn't involve

726
00:58:51,530 --> 00:58:53,270
the existing farming operation today?

727
00:58:54,470 --> 00:58:55,590
Not necessarily.

728
00:58:56,090 --> 00:58:58,930
For example, if they wanted to install a greenhouse

729
00:58:58,930 --> 00:59:02,590
that took over the exact same square footage of farm area,

730
00:59:02,850 --> 00:59:05,030
that's another type of agricultural use

731
00:59:05,030 --> 00:59:07,070
would occupy in the same area,

732
00:59:07,070 --> 00:59:09,210
so that would not impact the overall square footage

733
00:59:09,210 --> 00:59:12,390
that of agrarian or farm use that they currently have,

734
00:59:12,430 --> 00:59:14,110
it's just a different format of farming.

735
00:59:14,930 --> 00:59:16,690
So they could have some structures go

736
00:59:16,690 --> 00:59:18,270
into the existing farm area,

737
00:59:18,630 --> 00:59:21,090
but under our regulations,

738
00:59:21,830 --> 00:59:24,510
if it's kind of like for like farming for farming,

739
00:59:24,790 --> 00:59:28,490
then they could go in without further review from us.

740
00:59:29,070 --> 00:59:33,450
But you couldn't put a vegetable processing area

741
00:59:33,450 --> 00:59:35,110
into the existing farmland

742
00:59:35,110 --> 00:59:39,010
that would have to go into the non-agricultural area

743
00:59:39,010 --> 00:59:44,110
Then is that correct so if you'd build a storage head you couldn't put it out in the existing farm area

744
00:59:45,310 --> 00:59:47,710
You wouldn't be able to do that without further review

745
00:59:50,110 --> 00:59:53,750
Okay, thank you councilmember Hart

746
00:59:55,170 --> 00:59:56,770
Mr. Mayor one more question

747
01:00:00,000 --> 01:00:06,900
Do you understand the limitations on the size of the structure and the nature of the structure?

748
01:00:07,040 --> 01:00:16,940
How about the numbers of structures? I mean, could you end up with 40, 90, 990 structures?

749
01:00:18,040 --> 01:00:24,340
We did not add a cap because of the size of the lot, and we just aren't sure as far as

750
01:00:24,340 --> 01:00:27,540
How many greenhouses might be accommodated on the site?

751
01:00:28,000 --> 01:00:31,460
How many main structures might need to be brought in or out?

752
01:00:32,140 --> 01:00:37,760
And so although we didn't add a cap, that's certainly something if the council feels that there should be a cap, it can be added very easily.

753
01:00:51,290 --> 01:00:52,110
Council Member Campbell?

754
01:00:52,210 --> 01:00:58,510
Yeah, my last question evolves around the difference between an event and a special event.

755
01:00:59,110 --> 01:01:03,590
You know, so there's 36, it's my understanding that there's 36 dinner events allowed per year.

756
01:01:03,590 --> 01:01:09,930
And then six special events. Is that clarification that the applicant would like to make or do you have that clarification?

757
01:01:10,410 --> 01:01:13,790
I would like him to make it just because it it's nuanced

758
01:01:14,690 --> 01:01:15,750
You're gonna be busy

759
01:01:17,990 --> 01:01:18,750
Thank you

760
01:01:19,330 --> 01:01:20,150
Thank you.

761
01:01:22,190 --> 01:01:24,110
I will now open the public hearing

762
01:01:30,890 --> 01:01:33,410
Does the applicant have a presentation to make?

763
01:01:39,960 --> 01:01:41,560
Thank you for the opportunity

764
01:01:42,520 --> 01:01:44,460
It's just a little kind of

765
01:01:44,460 --> 01:01:48,360
share the history here that we've been on for some years.

766
01:01:50,060 --> 01:01:56,340
I'm excited to be here as we're hopefully kind of take what was a big vision some years ago.

767
01:01:56,680 --> 01:01:59,300
We sat together, I think that might have been six years ago.

768
01:02:00,260 --> 01:02:04,740
What's the future of this beautiful property, this historical legacy for the community?

769
01:02:05,160 --> 01:02:10,400
And we raised our hands and I think I've stepped up to the challenge of really putting the farm

770
01:02:10,400 --> 01:02:12,820
and the community back together

771
01:02:12,820 --> 01:02:14,360
and we're very grateful for that

772
01:02:14,360 --> 01:02:15,400
and the opportunity to serve.

773
01:02:16,580 --> 01:02:20,380
And so part of the big arc here is that six years ago,

774
01:02:20,680 --> 01:02:23,420
when we were looking at what this 28 acres wanted to be,

775
01:02:23,540 --> 01:02:24,980
there were some bigger ideas that came.

776
01:02:26,540 --> 01:02:29,480
And some of those bigger ideas created new uses

777
01:02:29,480 --> 01:02:31,360
and new complications.

778
01:02:32,880 --> 01:02:34,780
While they were kind of a pie in the sky vision,

779
01:02:35,100 --> 01:02:37,140
the pandemic happened in reality set in

780
01:02:37,140 --> 01:02:43,080
And so I just want to say that over the last five years of operating the farm our intent

781
01:02:43,080 --> 01:02:46,460
is to steward the farm to the best of our ability and I believe we're doing that.

782
01:02:47,520 --> 01:02:48,860
And we're very proud of that.

783
01:02:48,980 --> 01:02:52,560
But again, at the farm we learned that what we're here to do is serve the community

784
01:02:52,560 --> 01:02:53,180
through food.

785
01:02:54,060 --> 01:02:59,560
And so our commitment is actually to preserve as much farm as land as possible.

786
01:02:59,640 --> 01:03:06,320
So we have the same, if not significantly stronger, criteria around how to steward

787
01:03:06,320 --> 01:03:08,920
that land and how to keep the agriculture growing.

788
01:03:10,320 --> 01:03:15,020
We know that there's so much opportunity for bringing agriculture back into this county.

789
01:03:15,180 --> 01:03:21,420
This is really the first farm in the new generation, and so there's so much demand growing around

790
01:03:21,980 --> 01:03:26,160
these community-based agriculture, and so we have about 100,000 visitors to our farm

791
01:03:26,160 --> 01:03:28,960
stand every year, and it's growing.

792
01:03:29,240 --> 01:03:34,200
And so some of the exercises we're taking, the educational and community-based uses

793
01:03:34,200 --> 01:03:38,720
that were a part of the 20-year commitment of the Ecology Center as a non-profit organization

794
01:03:38,720 --> 01:03:43,680
to build a community and cultural hub for children, for young future farmers, for families,

795
01:03:43,840 --> 01:03:47,180
for adults, for our community, and that's food service, that's farm dinners, that's

796
01:03:47,180 --> 01:03:50,740
you guys have been a part of all of this, that's all of the educational events, that's

797
01:03:50,740 --> 01:03:54,760
the strawberry you picked that's kicking off this weekend, some of the events that

798
01:03:54,760 --> 01:03:58,500
are more specific in that six category may be like a fermentation festival that's

799
01:03:58,500 --> 01:04:02,280
also this Saturday, so it's just come one, come all, we're expecting 500 visitors

800
01:04:02,280 --> 01:04:06,940
the farm to celebrate the history and heritage of San Juan Capistrano by learning some basic

801
01:04:06,940 --> 01:04:08,140
culture and craft.

802
01:04:09,480 --> 01:04:15,420
And so this was really about sewing together these educational elements with an agricultural

803
01:04:15,420 --> 01:04:16,080
element.

804
01:04:16,220 --> 01:04:20,360
There are two separate agreements and so this is really just saying we actually are not

805
01:04:20,360 --> 01:04:26,700
taking on these big aspirational plans that we had six years ago of farm stays and

806
01:04:26,700 --> 01:04:32,980
community gardens and various other kind of bigger ideas and said they're

807
01:04:32,980 --> 01:04:35,900
getting back to the brass tacks of growing food and feeding the people and

808
01:04:35,900 --> 01:04:38,580
so this is really just kind of cleaning up some of the documentation allowing us

809
01:04:38,580 --> 01:04:43,660
to operate our business and serve the community in a way that I think is

810
01:04:43,660 --> 01:04:46,920
beneficial for all of us so maybe speaking to some of the specifics

811
01:04:46,920 --> 01:04:51,760
around questions you're talking about structures right these temporary

812
01:04:51,760 --> 01:04:59,300
structure so we have farm apprentices so we are excited to really put the culture back in the

813
01:04:59,300 --> 01:05:03,740
agriculture and that starts with young people and so we train four farm apprentices right now

814
01:05:03,740 --> 01:05:08,460
and so we just kind of in general kind of kept this wider range of maybe there's an opportunity

815
01:05:08,460 --> 01:05:13,520
for six farm apprentices when the funding is available that's philanthropy driven so

816
01:05:13,520 --> 01:05:19,180
as the donors come in and we can train more farmers more is more and that benefits all

817
01:05:19,180 --> 01:05:22,860
of our visions and missions so maybe there's a housing opportunity and that's

818
01:05:22,860 --> 01:05:27,500
what was that kind of those temporary seasonal houses. Our caretaker on the

819
01:05:27,500 --> 01:05:31,660
farmer's name is Mario. Mario has been farming that land for over 30 years and

820
01:05:31,660 --> 01:05:35,320
he doesn't live in the Cogden house. He lives in a small cottage adjacent to the

821
01:05:35,320 --> 01:05:40,380
Cogden house so it's pretty it's landscape such that you may not

822
01:05:40,380 --> 01:05:45,300
see it. It's a small little cottage. Some of the other questions that you

823
01:05:45,300 --> 01:05:46,980
asked about were some farm dinners.

824
01:05:47,160 --> 01:05:51,460
So farm dinners for us are, many of these ideas

825
01:05:51,460 --> 01:05:53,620
are somewhere between the ecology and the economy.

826
01:05:54,160 --> 01:05:57,720
We had to look at how do we create this enterprise.

827
01:05:58,060 --> 01:06:00,640
We're proud to employ over 75 employees

828
01:06:01,280 --> 01:06:02,980
and have hundreds of volunteers.

829
01:06:03,220 --> 01:06:05,940
And so farm dinners are not just a way to generate revenue,

830
01:06:05,980 --> 01:06:09,120
but for us it's more important for us to actually mentor

831
01:06:09,120 --> 01:06:11,620
the chefs in Southern California to come back

832
01:06:11,620 --> 01:06:12,220
to the source.

833
01:06:12,220 --> 01:06:15,040
And so those dinners are an educational function for us.

834
01:06:15,440 --> 01:06:19,740
They operate off most Fridays, and they are very special.

835
01:06:19,940 --> 01:06:23,560
It really is one of the core elements of San Juan Capistrano.

836
01:06:23,780 --> 01:06:26,420
I honestly say that, and that happens every day and every week.

837
01:06:26,560 --> 01:06:27,760
So those are those.

838
01:06:27,980 --> 01:06:30,520
Whereas the six festivals are the bigger expressions

839
01:06:30,520 --> 01:06:33,040
like an Earth Day or something

840
01:06:33,040 --> 01:06:36,800
that's like a big community event that's ultimately

841
01:06:36,800 --> 01:06:38,720
what the distinction is that we take street parking

842
01:06:39,440 --> 01:06:41,420
versus our parking lot accommodations.

843
01:06:41,420 --> 01:06:49,120
Those are old historical context from when the ecology center was one acre and we would

844
01:06:49,120 --> 01:06:54,720
put on these big seasonal things every quarter and we'd have 2,000 community members come

845
01:06:54,720 --> 01:06:58,160
out and engage and roll up their sleeves and have a good day on the farm.

846
01:06:58,700 --> 01:07:02,520
That's a little bit where there's a distinction between these six events, that's somewhere

847
01:07:02,520 --> 01:07:06,440
about 10 years old in the history as you saw with the conditional use permit.

848
01:07:06,440 --> 01:07:12,440
So I'm happy to answer all the questions we're here to serve.

849
01:07:12,720 --> 01:07:19,400
And this is really just a realization that it wasn't bigger isn't better that actually we have what we need to serve the community,

850
01:07:19,400 --> 01:07:26,080
which is a farm, you know, an educational program for children, a farm stand, a cafe, and we can go far with that.

851
01:07:26,980 --> 01:07:29,360
Council Member Campbell, do you have questions of the applicant?

852
01:07:30,060 --> 01:07:30,420
Yes.

853
01:07:32,900 --> 01:07:42,260
So if you're looking at 36 events plus 6 special events, does that mean the farm dinners are 3 times a month?

854
01:07:43,520 --> 01:07:47,460
Well, seasonally they're 4 times a month, so when we're on season they're every Friday.

855
01:07:49,040 --> 01:07:52,080
And then during the winter, you turn them off.

856
01:07:53,460 --> 01:07:55,560
Last year, how many farm dinners did you have?

857
01:07:56,360 --> 01:07:58,800
I think we probably did about 30, 35, yeah.

858
01:07:58,800 --> 01:08:01,620
And your typical attendance to those farm dinners?

859
01:08:02,460 --> 01:08:03,720
Typical attendance is about 80.

860
01:08:04,480 --> 01:08:04,660
80?

861
01:08:05,000 --> 01:08:10,460
Yeah, so we're, and again, we like you believe that San Juan has a lot to offer,

862
01:08:10,720 --> 01:08:15,560
and so we are proud to bring local residents together with folks that come from around the county and beyond

863
01:08:15,560 --> 01:08:17,400
to come and get a taste of San Juan.

864
01:08:17,940 --> 01:08:22,940
And so we use those dinners as a tool to lure people into this special space.

865
01:08:23,580 --> 01:08:23,820
Yeah.

866
01:08:24,500 --> 01:08:33,800
So the year that you're using now is that your intent is to keep those temporary facilities in that way,

867
01:08:33,900 --> 01:08:38,460
or do you have any plans to permanently build more permanent housing on the site?

868
01:08:39,620 --> 01:08:42,400
We don't have plans at this point to build permanent housing.

869
01:08:42,540 --> 01:08:46,960
It's really just housing some temporary apprentices and seasonal educational programs.

870
01:08:47,100 --> 01:08:48,480
Is it just because that's like cooler?

871
01:08:49,560 --> 01:08:51,240
It's cooler and more cost effective.

872
01:08:52,260 --> 01:08:59,460
How do you accommodate facilities for those yurts like showers and bathrooms and that

873
01:08:59,460 --> 01:08:59,920
sort of stuff?

874
01:09:00,240 --> 01:09:07,820
So we have a central facility for our restroom facilities and so we have an outdoor shower

875
01:09:07,820 --> 01:09:12,560
that would be built with the yurt that would be enclosed and so the restrooms are centralized

876
01:09:13,230 --> 01:09:14,680
and the shower is decentralized.

877
01:09:16,400 --> 01:09:21,400
These would all be, again, nothing of this is going on to the farm, you know, where we

878
01:09:21,400 --> 01:09:24,780
can't grow enough food for the demand and that's why we're having conversations around

879
01:09:24,780 --> 01:09:32,380
where do we take, where can we move the agriculture forward, both in this town and beyond this

880
01:09:32,380 --> 01:09:38,140
town, which is that there's a resurgence of how do we reconnect to the land and how

881
01:09:38,140 --> 01:09:40,380
do we nourish our families with healthy food.

882
01:09:40,380 --> 01:09:44,640
And so we're looking for more farming, not less farmland.

883
01:09:45,160 --> 01:09:45,740
Thank you.

884
01:09:46,100 --> 01:09:46,140
Yeah.

885
01:09:52,820 --> 01:09:56,600
If I may, Evan, you mentioned the pandemic

886
01:09:56,600 --> 01:09:59,380
and how that affected you and the grand vision you had

887
01:10:00,120 --> 01:10:01,160
when you came here.

888
01:10:01,280 --> 01:10:06,760
I think the last time I was mayor and I think

889
01:10:07,440 --> 01:10:10,640
through those years, I think you kind of adjusted.

890
01:10:11,100 --> 01:10:13,420
I mean, there were plans for several buildings

891
01:10:13,420 --> 01:10:14,220
on the property.

892
01:10:14,220 --> 01:10:23,660
I think. Talk to us about how the pandemic affected you and kind of change your plans.

893
01:10:24,260 --> 01:10:32,220
Yeah. I mean just practically speaking, building a deep relationship with our community. As

894
01:10:32,220 --> 01:10:37,360
you remember, I mean we were here to serve the local farm community so those that didn't

895
01:10:37,360 --> 01:10:41,920
have access to community, we centralized all of the local organic production and we donated

896
01:10:41,920 --> 01:10:46,300
about 100,000 pounds of organic produce to our community here in San Juan, and of course

897
01:10:46,300 --> 01:10:49,180
sold a lot more than that out the back door as well.

898
01:10:49,360 --> 01:10:54,720
But part of that journey was that we're here to serve their food and not necessarily go

899
01:10:54,720 --> 01:10:58,120
fundraise, you know, $10 million buildings and culinary centers.

900
01:10:58,320 --> 01:11:03,260
So the vision was up here because we have the ability to do that as creative entrepreneurs,

901
01:11:03,660 --> 01:11:10,160
but at the reality was we think that we can have a meaningful difference without

902
01:11:10,160 --> 01:11:13,780
this insatiable need of it being bigger and better and so that was kind of a

903
01:11:13,780 --> 01:11:16,780
little bit of that arc I guess specifically where we were in conversations

904
01:11:16,780 --> 01:11:21,160
with some of our heroes to build a culinary center and none of those

905
01:11:21,160 --> 01:11:25,420
programmatic elements have changed but the the physical structure has that

906
01:11:25,420 --> 01:11:28,660
was going to be a big three four thousand square foot structure that was

907
01:11:28,660 --> 01:11:32,900
going to be take up you know it was going to be a big presence and have a

908
01:11:32,900 --> 01:11:37,320
big process and that's where we were in conversation and I believe it's in

909
01:11:37,320 --> 01:11:38,600
our best interest as a community,

910
01:11:39,040 --> 01:11:42,200
to bring people through food in lighter ways

911
01:11:42,200 --> 01:11:44,280
rather than heavier denser ways like structures.

912
01:11:44,620 --> 01:11:45,860
And so that's where the farm dinners,

913
01:11:45,980 --> 01:11:47,480
the cooking classes, the field trips,

914
01:11:48,000 --> 01:11:49,760
the cafe really become the substance

915
01:11:50,700 --> 01:11:52,060
that executes our vision.

916
01:11:52,920 --> 01:11:55,180
And so that's a little bit of the evolution for us

917
01:11:55,180 --> 01:11:58,480
which wasn't, let's keep doing the work

918
01:11:58,480 --> 01:12:00,080
rather than let's go figure out how to raise

919
01:12:00,080 --> 01:12:01,300
an insatiable amount of money

920
01:12:01,300 --> 01:12:02,640
and figure out how to build big buildings

921
01:12:02,640 --> 01:12:03,480
and occupy them.

922
01:12:03,600 --> 01:12:05,180
So if that makes sense to you,

923
01:12:05,180 --> 01:12:08,600
how my personal relationship has changed over the last five

924
01:12:08,600 --> 01:12:11,140
years from a dirt lot and a vision,

925
01:12:11,320 --> 01:12:14,620
what could be to actually being the farmer and running it,

926
01:12:14,660 --> 01:12:16,300
which is like, yeah, this is actually happening

927
01:12:16,300 --> 01:12:18,760
and it's working, let's just do this.

928
01:12:19,280 --> 01:12:21,840
So let's just keep learning how to serve better

929
01:12:21,840 --> 01:12:24,120
and utilize the resources we have,

930
01:12:24,240 --> 01:12:26,000
which are these structures we've learned also

931
01:12:26,000 --> 01:12:29,060
through the process of building this beautiful cafe,

932
01:12:29,220 --> 01:12:30,240
which you experienced this week,

933
01:12:30,380 --> 01:12:32,340
called Campesina, where we grow every ingredient

934
01:12:32,340 --> 01:12:33,360
And it's really special.

935
01:12:35,040 --> 01:12:37,920
That doesn't exist anywhere else in anywhere.

936
01:12:38,480 --> 01:12:40,200
I mean, this is happening in San Juan.

937
01:12:40,440 --> 01:12:40,920
And it's humble.

938
01:12:41,260 --> 01:12:43,260
We're not on the bandstand yet.

939
01:12:43,500 --> 01:12:45,700
But people are coming to these ideas.

940
01:12:45,900 --> 01:12:48,220
And they're going to, they're eating the tacos that came

941
01:12:48,220 --> 01:12:51,760
from the San Juan blue, which is a really special blue corn

942
01:12:51,760 --> 01:12:53,200
that we're bringing the heritage back.

943
01:12:53,680 --> 01:12:56,120
And teaching the children all of these things.

944
01:12:56,200 --> 01:13:00,120
And that can happen through the cafe in meaningful ways.

945
01:13:00,120 --> 01:13:03,140
And so the cafe was a very expensive project for us, right?

946
01:13:03,220 --> 01:13:05,540
We originally thought that was a small little concession,

947
01:13:05,660 --> 01:13:07,820
but as you know, you guys are all in the real world.

948
01:13:08,840 --> 01:13:10,720
Building things, even with existing buildings,

949
01:13:10,880 --> 01:13:12,080
and that's why it's in the back of the farms,

950
01:13:12,140 --> 01:13:14,340
and it was still a million-dollar project, right?

951
01:13:14,540 --> 01:13:15,980
Getting the sewer and the restrooms

952
01:13:15,980 --> 01:13:17,600
and all of these infrastructure improvements

953
01:13:17,600 --> 01:13:20,880
to the property of the cities.

954
01:13:21,160 --> 01:13:22,580
And so it was kind of like,

955
01:13:22,660 --> 01:13:26,000
well, let's not think that this just needs to be more and more.

956
01:13:26,480 --> 01:13:28,480
Let's use these really important buildings.

957
01:13:28,480 --> 01:13:37,360
And so that's the summary is like, let's keep learning how to clean the things up that haven't been cared for and farm the rest.

958
01:13:37,680 --> 01:13:39,300
So, yeah, that's where our heads at.

959
01:13:40,320 --> 01:13:40,960
Thank you.

960
01:13:41,260 --> 01:13:42,720
Thank you for the opportunity to share.

961
01:13:43,180 --> 01:13:44,540
Happy to answer any other questions.

962
01:13:45,720 --> 01:13:47,260
Council Member Taylor, go ahead.

963
01:13:51,570 --> 01:13:52,310
Hey, John.

964
01:13:52,450 --> 01:13:52,890
Hey, John. How you doing, brother?

965
01:14:16,760 --> 01:14:18,100
I don't see any concerns.

966
01:14:22,100 --> 01:14:26,920
I'm more concerned with the old neighbors, honestly, and those are the young families

967
01:14:26,920 --> 01:14:31,380
are moving into the neighborhoods to the south, which are at the farm every single day.

968
01:14:33,180 --> 01:14:38,160
And those are the closest ones, you know, the newer development is way across the farm

969
01:14:38,160 --> 01:14:41,520
and those people are, they have a grand slam deal.

970
01:14:41,740 --> 01:14:45,480
I mean, they just, they struck gold and they didn't even know it and they get to

971
01:14:45,480 --> 01:14:50,000
walk across this new trail and eat in the cafe and and they're in heaven I mean

972
01:14:50,000 --> 01:14:55,320
this is one of the greatest places in the world I mean for them to

973
01:14:55,320 --> 01:14:58,340
live right there and they just stumble into it I think they're in a good place

974
01:14:58,340 --> 01:14:59,980
yeah I think they're the other

975
01:15:00,580 --> 01:15:02,660
Yeah, I don't like to use that word.

976
01:15:05,260 --> 01:15:11,380
Yeah, no, I feel very confident that we're going to be adding a lot. This is only positive for the community.

977
01:15:14,570 --> 01:15:24,810
To add to that question, what is your relationship with the other adjacent neighbors? What is your position with going to try to accommodate them in the best way you can?

978
01:15:25,990 --> 01:15:32,070
I mean, we've been in this for 15 years now, which is just building a relationship with

979
01:15:32,070 --> 01:15:38,350
everyone, with our adjacent community, and I think we authentically do that.

980
01:15:39,130 --> 01:15:46,010
And I think the neighbors, you know, like people are participating, and it's really

981
01:15:46,010 --> 01:15:46,250
cool.

982
01:15:46,490 --> 01:15:49,470
You've been to the farm, and you see it's buzzing, and there's young families, and

983
01:15:49,470 --> 01:15:55,430
And people are buying their provisions there and it's really become something and it's

984
01:15:55,430 --> 01:15:56,090
because of you guys.

985
01:15:56,230 --> 01:16:00,470
You guys believed in us a long time ago, some of you guys, but mostly just say the last

986
01:16:00,470 --> 01:16:04,410
five years, which was like, let's give this a go and it's turned into something special.

987
01:16:04,670 --> 01:16:07,470
So I think those neighbors are really enjoying it.

988
01:16:08,570 --> 01:16:09,290
Sorry, thank you guys.

989
01:16:10,190 --> 01:16:10,750
Thank you.

990
01:16:11,170 --> 01:16:11,710
Thank you.

991
01:16:12,110 --> 01:16:14,390
City Clerk, do we have any requests to speak for us?

992
01:16:14,950 --> 01:16:15,770
No, Mr. Mayor.

993
01:16:17,650 --> 01:16:20,890
Is there anyone here that would like to address the City Council on this item?

994
01:16:23,350 --> 01:16:24,030
See none.

995
01:16:25,310 --> 01:16:27,090
I will close the public hearing.

996
01:16:28,810 --> 01:16:32,270
Are there comments or a motion?

997
01:16:36,880 --> 01:16:37,500
Council Member Hart.

998
01:16:39,890 --> 01:16:42,230
Okay, we have someone that moved.

999
01:16:42,710 --> 01:16:43,970
Second. Council Member Taylor moved.

1000
01:16:44,270 --> 01:16:46,490
Second by Council Member Campbell.

1001
01:16:46,730 --> 01:16:47,390
Is there a comment?

1002
01:16:48,090 --> 01:16:48,610
Council Member Hart.

1003
01:16:49,490 --> 01:16:50,670
Mr. Mayor, thank you.

1004
01:16:50,670 --> 01:16:59,310
I just like to acknowledge the tremendous work that Mr. Marks and the entire staff at the

1005
01:16:59,310 --> 01:17:02,550
Ecology Center does there.

1006
01:17:03,950 --> 01:17:13,490
We go through lives in San Juan Capistrano and we all get caught up in our day-to-day

1007
01:17:15,820 --> 01:17:22,220
lives and we forget to look around and what a tremendous community we have and

1008
01:17:22,220 --> 01:17:28,260
and the people who who comprise the fabric of our community and and who

1009
01:17:28,260 --> 01:17:33,020
make it that way and and Evan you're truly a jewel in this community and I

1010
01:17:33,020 --> 01:17:39,680
just like to thank you for for everything that you've brought to our to

1011
01:17:39,680 --> 01:17:47,260
San Juan Capistrano and I guess a day like today when we say goodbye to another

1012
01:17:49,920 --> 01:17:56,940
treasured person, it's time to acknowledge others who remain. I look

1013
01:17:56,940 --> 01:17:58,360
forward to supporting this.

1014
01:18:03,600 --> 01:18:07,880
Okay any other comments before we take a roll call

1015
01:18:08,700 --> 01:18:13,840
Yeah, I as well am very excited about the changes that are going on.

1016
01:18:15,500 --> 01:18:23,300
I'm glad to hear that the staff has thought so thoroughly through the process, and I'm

1017
01:18:23,300 --> 01:18:33,680
also happy that Mr. Marx is sort of our caretaker, this historical treasure in our community.

1018
01:18:33,680 --> 01:18:41,040
I think the additions that are made in reference to the food service has been done in a very

1019
01:18:41,040 --> 01:18:41,780
tasteful way.

1020
01:18:43,020 --> 01:18:47,480
It is not overly commercialized, the site.

1021
01:18:49,560 --> 01:18:56,860
I'm glad to hear that the temporary housing is not a year-round event, and I'm happy

1022
01:18:56,860 --> 01:18:59,880
to hear that there's facilities there for that staff.

1023
01:19:00,920 --> 01:19:02,600
And I'm excited to see what the future brings.

1024
01:19:03,660 --> 01:19:08,580
I'm looking forward to watching the Ecology Center grow and prosper even more.

1025
01:19:08,920 --> 01:19:10,360
I'll certainly be supporting this.

1026
01:19:11,900 --> 01:19:13,080
Any other comments?

1027
01:19:14,940 --> 01:19:19,380
Well, I have a few comments before we take the vote.

1028
01:19:19,520 --> 01:19:27,280
I was able to actually go to the new cafe, Campesino Cafe,

1029
01:19:28,380 --> 01:19:31,180
and it was actually very reasonably priced.

1030
01:19:31,660 --> 01:19:38,060
I think compared especially now to, I think, even fast food joints and, you know, I think

1031
01:19:38,060 --> 01:19:43,480
not every event at the Ecology Center is for me, just like not every event at the Riding

1032
01:19:43,480 --> 01:19:54,920
Park is for me, you know, I think though each space has its, you know, it attracts

1033
01:19:54,920 --> 01:19:59,660
different elements in our community and we're diverse, I think that's really important

1034
01:19:59,660 --> 01:20:03,340
the Ecology Center, you know, I've been a few programs.

1035
01:20:03,800 --> 01:20:08,840
I did, I think, a screen printing with natural dyes

1036
01:20:08,840 --> 01:20:10,420
at the Ecology Center with my daughter.

1037
01:20:11,280 --> 01:20:13,280
It was very interesting, very educational.

1038
01:20:13,640 --> 01:20:17,020
She would love the fermentation fest, except he canceled it

1039
01:20:17,020 --> 01:20:18,400
when she didn't have her art class.

1040
01:20:19,040 --> 01:20:20,700
So now she won't be able to go.

1041
01:20:21,060 --> 01:20:22,280
I didn't tell her about it.

1042
01:20:23,380 --> 01:20:27,380
But, you know, these events are important for a large segment

1043
01:20:28,260 --> 01:20:32,980
I've met people that are there that are driving in from Newport Beach from other parts of Orange County.

1044
01:20:33,340 --> 01:20:36,480
It really is a treasure, but especially during the pandemic.

1045
01:20:38,680 --> 01:20:46,760
Thinking about having that farm in our town when getting food was wasn't easy for a lot of people.

1046
01:20:48,420 --> 01:20:53,660
It was kind of something that we all said we need more of this.

1047
01:20:54,640 --> 01:20:56,760
to have food sources near us.

1048
01:20:57,500 --> 01:21:00,760
I think that probably got a lot of people thinking at the time

1049
01:21:00,760 --> 01:21:03,900
and definitely affected the way that you're operating.

1050
01:21:04,440 --> 01:21:08,520
And I think your vision, I look forward to supporting it.

1051
01:21:09,200 --> 01:21:13,120
And the masa that you do sell in the store is fantastic though.

1052
01:21:13,640 --> 01:21:16,220
I know you don't produce it, but if anyone wants

1053
01:21:16,220 --> 01:21:18,260
a great tortilla, go over there.

1054
01:21:18,380 --> 01:21:20,880
By the masa they sell, you will have the best tortillas.

1055
01:21:21,280 --> 01:21:22,900
You don't know what a tortilla tastes like

1056
01:21:22,900 --> 01:21:25,400
until you buy and make your own tortillas.

1057
01:21:27,020 --> 01:21:28,760
May we please have the roll call vote.

1058
01:21:30,460 --> 01:21:31,480
Council Member Hart?

1059
01:21:31,960 --> 01:21:32,300
Yes.

1060
01:21:32,820 --> 01:21:33,640
Council Member Campbell?

1061
01:21:34,580 --> 01:21:35,100
Yes.

1062
01:21:35,620 --> 01:21:36,420
Mayor Patenborn?

1063
01:21:37,020 --> 01:21:37,280
Yes.

1064
01:21:37,660 --> 01:21:38,180
Mayor Ferries?

1065
01:21:38,740 --> 01:21:39,160
Yes.

1066
01:21:39,460 --> 01:21:40,360
And Council Member Taylor?

1067
01:21:41,520 --> 01:21:42,040
Yes.

1068
01:21:44,330 --> 01:21:45,590
That passes unanimously.

1069
01:21:46,290 --> 01:21:48,110
Mr. Mayor, can I read the title of this ordinance?

1070
01:21:48,330 --> 01:21:48,690
Yes, please.

1071
01:21:49,110 --> 01:21:51,090
And this is an ordinance of the city

1072
01:21:51,090 --> 01:21:52,570
of San Juan Capistrano, California,

1073
01:21:52,570 --> 01:22:01,270
I'm in the Kinosheeda Farm Specific Plan 8501 through Code Amendment 18-005 to clarify that

1074
01:22:01,270 --> 01:22:06,230
all the current farm operations activities and structures associated with the Ecology

1075
01:22:06,230 --> 01:22:15,850
Center are permitted for proper located at 32701 Alipaz Street, APN 121-19057 and a

1076
01:22:15,850 --> 01:22:20,430
finding that state action is categorically exempt from the California Environmental

1077
01:22:20,430 --> 01:22:30,290
Quality Act pursuant to state CEQA guidelines, sections 153.01 and 153.03, Applicant Ecology Center, Andrew Sieger.

1078
01:22:30,490 --> 01:22:30,810
Thank you.

1079
01:22:31,550 --> 01:22:32,510
Thank you.

1080
01:22:32,970 --> 01:22:36,930
We will now be moving on to item D3.

1081
01:22:38,170 --> 01:22:39,130
I'll let-

1082
01:22:39,130 --> 01:22:42,530
Item D3 is a purchase and sale agreement for the mission trust property.

1083
01:22:43,210 --> 01:22:43,750
Thank you.

1084
01:22:44,530 --> 01:22:45,970
May we please have the staff report?

1085
01:22:46,430 --> 01:22:48,990
Yes, thank you, Mayor Matisse Reichel, Assistant City Manager.

1086
01:22:48,990 --> 01:22:54,590
On February 20th, 2024, the City Council adopted a resolution of intention to

1087
01:22:54,590 --> 01:22:59,730
abandon and sell an approximately 6.78 acre portion of city on Parkland,

1088
01:22:59,870 --> 01:23:05,570
located on Kaya Royale currently operated as the Mission Trails Equestrian Stables.

1089
01:23:06,250 --> 01:23:11,810
The resolution declared the city's intention to sell that property to the Paul J. Valenzuela Trust,

1090
01:23:12,090 --> 01:23:15,810
represented by Mr. Paul Valenzuela, who operates Mission Trails.

1091
01:23:15,810 --> 01:23:20,530
The City and Mr. Valenzuela have reached agreement on all terms of the purchase,

1092
01:23:21,030 --> 01:23:24,650
though additional time is needed to finalize the actual purchase document.

1093
01:23:25,030 --> 01:23:30,570
And staff recommends the City Council continue the public hearing to May 7th, 2024. Thank you.

1094
01:23:31,170 --> 01:23:33,050
Thank you. Are there questions of staff?

1095
01:23:36,140 --> 01:23:36,360
Okay.

1096
01:23:39,970 --> 01:23:41,830
I will now open the public hearing.

1097
01:23:43,290 --> 01:23:45,250
Is there any request to speak for us?

1098
01:23:45,430 --> 01:23:48,810
Is there any member of the public that would like to address the City Council on this item?

1099
01:23:58,560 --> 01:24:09,640
I'm just could not be more in favor of something that I am for this I think Paul deserves this and is a good steward of the property. So thank you. Thank you.

1100
01:24:11,930 --> 01:24:14,950
Is there anyone else. Okay. Well,

1101
01:24:18,260 --> 01:24:19,640
I did sit in that.

1102
01:24:19,980 --> 01:24:20,800
Yeah, just leave it open.

1103
01:24:20,840 --> 01:24:21,960
The public hearing is now open.

1104
01:24:22,300 --> 01:24:24,040
There was it was to be open to May 7th.

1105
01:24:24,040 --> 01:24:24,200
Yes.

1106
01:24:24,880 --> 01:24:26,620
Oh, until May 7th. Okay.

1107
01:24:26,620 --> 01:24:27,280
I

1108
01:24:30,350 --> 01:24:35,750
never closed it and then so then we just move on right I'd recommend that you

1109
01:24:35,750 --> 01:24:42,270
take a vote to continue the item and okay hearing so we'll take a roll call

1110
01:24:42,270 --> 01:24:50,010
vote to continue the item to Mr. Mayor move to continue the item okay second

1111
01:24:50,010 --> 01:24:54,050
we have a motion on floor maybe we please take a roll call vote

1112
01:24:54,790 --> 01:24:55,850
Council Member Hart?

1113
01:24:56,230 --> 01:24:56,630
Yes.

1114
01:24:57,110 --> 01:24:57,950
Council Member Campbell?

1115
01:24:58,470 --> 01:24:58,870
Yes.

1116
01:24:59,270 --> 01:25:00,090
Mayor Burton-Born?

1117
01:25:00,410 --> 01:25:00,770
Yes.

1118
01:25:01,210 --> 01:25:01,790
Mayor Ferries?

1119
01:25:02,230 --> 01:25:02,530
Yes.

1120
01:25:02,890 --> 01:25:03,890
And Council Member Taylor?

1121
01:25:04,830 --> 01:25:05,250
Yes.

1122
01:25:10,900 --> 01:25:13,500
That's unanimous, moving on to the consent calendar.

1123
01:25:14,440 --> 01:25:20,900
Items listed on the consent calendar are considered routine and will be enacted by one motion and one vote.

1124
01:25:21,400 --> 01:25:23,660
There will be no separate discussions on these items.

1125
01:25:26,320 --> 01:25:32,680
Is there any request to remove a consent calendar item from the public, from council members?

1126
01:25:33,940 --> 01:25:36,360
Does anyone need to recuse from an item?

1127
01:25:37,820 --> 01:25:38,680
Yes, Mayor.

1128
01:25:39,720 --> 01:25:40,520
Council Member Taylor.

1129
01:25:41,500 --> 01:25:45,900
I need to recuse from item seven because of the proximity to my residence.

1130
01:25:47,020 --> 01:25:47,880
Thank you.

1131
01:25:51,060 --> 01:25:51,880
Anyone else?

1132
01:25:53,580 --> 01:25:53,980
Okay.

1133
01:25:53,980 --> 01:25:54,120
Okay.

1134
01:25:54,600 --> 01:25:59,540
Mr. Mayor, I move for consent gallon items.

1135
01:26:00,980 --> 01:26:01,900
Is there a second?

1136
01:26:02,100 --> 01:26:02,700
We have a second.

1137
01:26:04,560 --> 01:26:06,380
Okay, we'll take a roll call vote.

1138
01:26:07,780 --> 01:26:08,720
Mayor Pro Tem.

1139
01:26:11,790 --> 01:26:12,570
Council Member Hart.

1140
01:26:13,190 --> 01:26:13,450
Yes.

1141
01:26:14,190 --> 01:26:15,050
Council Member Campbell.

1142
01:26:15,450 --> 01:26:15,650
Yes.

1143
01:26:16,170 --> 01:26:16,850
Mayor Burton-Born.

1144
01:26:17,110 --> 01:26:17,550
Yes.

1145
01:26:17,970 --> 01:26:18,610
And Mayor Ferries.

1146
01:26:19,050 --> 01:26:19,310
Yes.

1147
01:26:19,850 --> 01:26:20,830
And Council Member Taylor.

1148
01:26:21,770 --> 01:26:23,090
Excluding item seven.

1149
01:26:23,670 --> 01:26:23,850
Thank you.

1150
01:26:27,000 --> 01:26:29,640
Moving on to item F1A,

1151
01:26:35,710 --> 01:26:37,470
and that passed unanimously.

1152
01:26:45,500 --> 01:26:51,240
Item F1A is adoption of an interim ordinance prohibiting new commercial battery energy storage systems.

1153
01:26:52,380 --> 01:26:54,060
May we please have a staff report?

1154
01:26:56,540 --> 01:26:58,780
Yes. Just give me one second to get situated.

1155
01:27:04,220 --> 01:27:05,520
Okay. Good evening, Mr. Mayor.

1156
01:27:05,660 --> 01:27:07,160
Remember the City Council for the record.

1157
01:27:07,340 --> 01:27:08,060
My name is Paul Garcia.

1158
01:27:08,280 --> 01:27:10,780
I'm a principal planner with the City's Development Services Department,

1159
01:27:11,260 --> 01:27:14,160
and I'll be providing the staff presentation for item F1A.

1160
01:27:14,160 --> 01:27:31,190
So as the City Council is aware, NG North America is proposing to construct a battery energy storage system facility on land currently owned by Saddleback Church, which is located at the northern end of the city and outlined there in the aerial image in yellow.

1161
01:27:31,990 --> 01:27:40,930
Now the Saddleback Church property comprised of 161 acres approximately currently has a zoning designation of Planned Community TBD.

1162
01:27:41,770 --> 01:27:46,550
A little bit of information as far as what a battery energy storage system does.

1163
01:27:46,810 --> 01:27:51,770
Simply stated, it collects energy from the grid, it stores it, and then it discharges

1164
01:27:51,770 --> 01:27:55,430
it to provide electricity, typically at times of high demand.

1165
01:27:56,550 --> 01:28:00,750
Now, currently the city's land use code does not contain standards, regulation, or criteria

1166
01:28:00,750 --> 01:28:03,230
specifically addressing this type of use.

1167
01:28:04,150 --> 01:28:09,030
So as a result, the potential for new battery energy storage systems facilities

1168
01:28:09,030 --> 01:28:14,790
within the city and specifically at the Saddleback Church property without adequate land use policies

1169
01:28:14,790 --> 01:28:19,410
and standards in place to protect the public safety and prevent potentially catastrophic

1170
01:28:19,410 --> 01:28:25,490
impacts to both the city and nearby communities presents an immediate threat to the public safety

1171
01:28:25,490 --> 01:28:33,480
and welfare. A little bit of background for you in December of 2021 an application was received

1172
01:28:33,890 --> 01:28:38,660
to establish a battery energy storage system on an undeveloped portion of the Saddleback

1173
01:28:38,660 --> 01:28:42,980
church property, which as I indicated in the previous slide has a zoning designation of

1174
01:28:42,980 --> 01:28:44,740
plant community TBD.

1175
01:28:45,500 --> 01:28:51,080
Now the importance of that TBD designation, what that means is that that property, unlike

1176
01:28:51,080 --> 01:28:54,960
other plant community zone districts, does not have a comprehensive development plan

1177
01:28:54,960 --> 01:28:56,700
adopted that governs it.

1178
01:28:57,120 --> 01:29:01,780
Rather, it's subject to the allowable uses that are listed within the interim uses

1179
01:29:01,780 --> 01:29:03,600
table for the plant community district.

1180
01:29:03,600 --> 01:29:06,240
and those uses that were previously approved

1181
01:29:06,240 --> 01:29:09,060
when it was under the county's purview

1182
01:29:09,060 --> 01:29:11,960
and prior to the city annexing that piece of property

1183
01:29:11,960 --> 01:29:12,520
into the city.

1184
01:29:14,520 --> 01:29:16,560
So because the current zoning regulations

1185
01:29:16,560 --> 01:29:18,600
did not contain specific criteria

1186
01:29:18,600 --> 01:29:19,680
for these type of facilities,

1187
01:29:20,380 --> 01:29:23,340
the city did make an unlisted use determination

1188
01:29:23,720 --> 01:29:25,020
in April of 2022,

1189
01:29:25,640 --> 01:29:28,080
specifically the development services director determined

1190
01:29:28,080 --> 01:29:30,120
that the facility can not be accommodated

1191
01:29:30,540 --> 01:29:31,980
by an unlisted use determination

1192
01:29:32,500 --> 01:29:34,700
because the findings required by the municipal code

1193
01:29:34,700 --> 01:29:41,500
cannot be met. So as a result of that determination, a rezone would be required and that rezone

1194
01:29:41,500 --> 01:29:45,700
would create a comprehensive development plan to govern the property, which among other

1195
01:29:45,700 --> 01:29:50,960
things would have established a battery energy storage system use as a conditional use within

1196
01:29:50,960 --> 01:29:58,680
that district. In September of 2022, the Saddleback Church property owner did submit

1197
01:29:58,680 --> 01:29:59,980
a request for the City Council

1198
01:30:00,000 --> 01:30:04,480
Council to initiate the regional study, which would have established that comprehensive development

1199
01:30:04,480 --> 01:30:10,840
plan. And subsequently in November of 2022, the city council denied the initiation request

1200
01:30:10,840 --> 01:30:13,080
to initiate that regional study.

1201
01:30:15,110 --> 01:30:19,390
Moving along to January of 2023, the applicant and forum

1202
01:30:19,390 --> 01:30:24,970
city staff at that time of its intention to pursue a state process for going the city

1203
01:30:24,970 --> 01:30:30,730
review process, specifically state approval via the California energy commission, which

1204
01:30:30,730 --> 01:30:34,010
which was allowed under fairly recent legislation at that time.

1205
01:30:35,670 --> 01:30:41,730
Most recently in February of 2024, the applicant formally withdrew its city entitlement applications.

1206
01:30:42,650 --> 01:30:47,370
Additionally, over the past several months, city staff and the mayoral subcommittee, consisting

1207
01:30:47,370 --> 01:30:52,670
of Mayor Pro Tem Bourne and Council Member Campbell, have met with the applicant and

1208
01:30:52,670 --> 01:30:56,990
representatives of the Saddleback Church to gain a better understanding of the project

1209
01:30:56,990 --> 01:31:02,050
and to discuss potential impacts to not only the city of San Joaquin, but nearby communities as well.

1210
01:31:03,650 --> 01:31:08,990
I'd like to provide a little bit of background as to our understanding of this state's opt-in process,

1211
01:31:09,250 --> 01:31:11,470
which was established via AB205.

1212
01:31:13,870 --> 01:31:20,010
AB205 authorizes the California Energy Commission, or the CEC, to permit renewable energy projects,

1213
01:31:20,230 --> 01:31:21,830
and that includes energy storage systems.

1214
01:31:23,410 --> 01:31:31,470
There is a built-in language that allows for local jurisdiction participation in the state process.

1215
01:31:32,430 --> 01:31:37,950
And that includes a pre-filing meeting that is held with the CEC, the local jurisdiction, and the applicant.

1216
01:31:38,550 --> 01:31:41,350
And that pre-filing meeting occurred in February of 2023.

1217
01:31:41,990 --> 01:31:47,750
Also included is notification within five days of the application submittal to the city,

1218
01:31:47,750 --> 01:31:51,830
or rather to the state, the city is notified, which provides the city with an opportunity

1219
01:31:51,830 --> 01:31:53,930
to comment on the project.

1220
01:31:55,690 --> 01:32:00,770
The process calls for the CEC to complete the review and processing of the submittal within

1221
01:32:00,770 --> 01:32:05,210
270 days of the CEC deeming that application complete.

1222
01:32:06,450 --> 01:32:11,190
Within that 270 day period, they would also conduct the environmental review that's required

1223
01:32:11,190 --> 01:32:15,270
under the California Environmental Quality Act, which in this instance would require

1224
01:32:15,270 --> 01:32:17,610
the preparation of an environmental impact report.

1225
01:32:20,900 --> 01:32:24,800
It also requires that public meetings be held within close proximity of the project site

1226
01:32:25,300 --> 01:32:29,500
and those public meetings would include a public informational meeting no sooner than

1227
01:32:29,500 --> 01:32:34,480
10 days and no later than 30 days after the application has been deemed complete by the

1228
01:32:34,480 --> 01:32:34,920
CEC.

1229
01:32:35,920 --> 01:32:41,200
It also includes a scoping meeting for the project EIR and also a public workshop

1230
01:32:41,200 --> 01:32:46,080
no later than 60 days after the notice of availability related to the project EIR

1231
01:32:46,080 --> 01:32:47,160
is posted.

1232
01:32:49,600 --> 01:32:52,620
Also requires that there be a community and economic benefit at the

1233
01:32:52,620 --> 01:32:57,320
local level and also the CDC is required to make an overriding

1234
01:32:57,320 --> 01:33:01,540
consideration finding if the project is found to be inconsistent with the local

1235
01:33:01,540 --> 01:33:03,240
zoning or general plan.

1236
01:33:05,740 --> 01:33:08,760
Public safety concerns with this type of use so as

1237
01:33:08,760 --> 01:33:11,800
indicated there's currently no regulations or criteria for this type of

1238
01:33:11,800 --> 01:33:15,440
use within the city's municipal code as it is a new land use within the

1239
01:33:16,540 --> 01:33:22,000
As a result, all risks, conflict, and synergies with existing uses are uncertain.

1240
01:33:23,540 --> 01:33:27,900
However, we do know of the primary known risks associated with this type of use, and that being fire.

1241
01:33:28,660 --> 01:33:33,360
And related impacts associated with fighting the fire, such as the potential for water runoff.

1242
01:33:33,740 --> 01:33:40,320
For example, in the instance of the Saddleback Church property, water runoff could potentially impact the adjacent creek.

1243
01:33:40,320 --> 01:33:45,280
There's associated impacts with air quality for a fire and also the potential for explosion.

1244
01:33:46,920 --> 01:33:53,960
So the next steps that the council takes this action. The interim ordinance will be effective immediately for a 45-day period.

1245
01:33:55,060 --> 01:34:08,220
And while this interim period is, or rather interim ordinance is in effect, the city intends to study and consider the level of risk and degree of regulation needed to protect the community's health, safety and general welfare

1246
01:34:08,220 --> 01:34:16,900
and consider land use development policies and standards related to this type of use that could be added to the city's general plan and zoning regulations.

1247
01:34:18,580 --> 01:34:25,500
We do anticipate returning to the City Council in May to extend for an additional 10 months and 15 days.

1248
01:34:27,200 --> 01:34:35,420
So with that staff's recommendation is that the City Council adopt an interim ordinance prohibiting new commercial battery energy storage systems within the city of San Juan Capriciano

1249
01:34:35,940 --> 01:34:40,080
and finding that said action is exempt from the California Environmental Quality Act.

1250
01:34:40,800 --> 01:34:48,160
Now before I conclude my presentation, we do have some proposed language modifications within the ordinance that was presented to you as part of your agenda packet.

1251
01:34:48,660 --> 01:34:51,920
At this time, I'd like to ask the city attorney to outline what those changes are.

1252
01:34:52,500 --> 01:34:58,720
Yes, Honorable Mayor and members of the city council. The city council did receive a couple of comment letters regarding this item.

1253
01:34:58,720 --> 01:35:06,480
And one of the items suggested that the definition of commercial BESS facility could be improved

1254
01:35:06,480 --> 01:35:13,920
So my recommendation should the City Council wish to adopt this urgency item tonight would be to add some language to

1255
01:35:13,920 --> 01:35:19,000
Section three of the ordinance. That's kind of the operative section of this

1256
01:35:19,640 --> 01:35:26,320
Ordinance and the language would read as follows as used in this ordinance the term commercial means the use of a

1257
01:35:26,320 --> 01:35:32,740
be at the SS facility to provide electricity to third parties for consideration and then

1258
01:35:32,740 --> 01:35:40,140
within that section three there are three references to be SS facility modify those with the word

1259
01:35:40,140 --> 01:35:44,980
commercial in front of those three references. I can provide this language to the city clerk

1260
01:35:44,980 --> 01:35:46,200
so that she has it for the record.

1261
01:35:48,880 --> 01:35:51,000
Thank you and with that that does conclude the

1262
01:35:51,000 --> 01:35:54,860
staff presentation. Other questions of staff seeing

1263
01:35:59,050 --> 01:35:59,350
none.

1264
01:35:59,350 --> 01:36:01,650
No, actually, Mr. Mayor, just one question.

1265
01:36:01,850 --> 01:36:02,530
Council Member Hart?

1266
01:36:02,810 --> 01:36:03,330
Yes.

1267
01:36:03,510 --> 01:36:04,190
Thank you, Mr. Mayor.

1268
01:36:04,590 --> 01:36:13,370
I just wanted to ensure I understand that this first 45-day period is just to study the effects.

1269
01:36:13,570 --> 01:36:17,030
We're not making any judgment on any effects.

1270
01:36:17,290 --> 01:36:20,230
This is a 45-day study period.

1271
01:36:20,370 --> 01:36:20,830
Is that correct?

1272
01:36:22,590 --> 01:36:23,030
Yes.

1273
01:36:23,410 --> 01:36:25,470
So it's just an initial 45-day period.

1274
01:36:25,470 --> 01:36:29,510
we do expect to extend it for an additional 10 months and 15 days.

1275
01:36:29,870 --> 01:36:34,950
So basically throughout the effective period of this ordinance prohibiting the use of staff

1276
01:36:34,950 --> 01:36:40,750
would be studying the potential impacts and possibility to incorporate regulations within

1277
01:36:40,750 --> 01:36:42,390
the city's zoning regulations in general plan.

1278
01:36:42,910 --> 01:36:46,650
So the other 10 months and 15 days would also be for study as well?

1279
01:36:46,850 --> 01:36:47,050
Correct.

1280
01:36:47,390 --> 01:36:47,810
I see.

1281
01:36:48,090 --> 01:36:48,310
Okay.

1282
01:36:48,510 --> 01:36:48,790
Thank you.

1283
01:36:51,090 --> 01:36:53,230
Are there any other questions of staff?

1284
01:36:54,170 --> 01:36:57,490
Do we have any requests to speak for us, City Clerk?

1285
01:36:58,150 --> 01:36:58,830
Yes, Mr. Mayor.

1286
01:37:01,050 --> 01:37:04,270
Paul McMillan, followed by Dana Butler,

1287
01:37:05,590 --> 01:37:12,990
Moberg, Sarah Mehta, and we have one person that I'll be calling after these three speakers on the phone.

1288
01:37:13,290 --> 01:37:15,070
Okay, welcome.

1289
01:37:15,530 --> 01:37:15,850
Thank you.

1290
01:37:16,510 --> 01:37:19,750
Honorable Mayor, Council members and staff, my name is Paul McMillan.

1291
01:37:19,750 --> 01:37:23,330
I reside at 201 V LaCoumbre in Greenbrain, California.

1292
01:37:24,270 --> 01:37:26,690
I am the development director for NG North America,

1293
01:37:27,250 --> 01:37:32,290
and I'd like to note that we also did submit written comments in addition to my oral comments.

1294
01:37:33,010 --> 01:37:37,030
NG is in the business of developing and operating clean energy projects

1295
01:37:37,030 --> 01:37:41,350
that contribute to the transformation of the electrical grid for low carbon future.

1296
01:37:42,110 --> 01:37:44,950
Our modern lifestyle is entirely dependent on electricity.

1297
01:37:45,390 --> 01:37:48,650
We rely on it for our computers, our communications, our entertainment,

1298
01:37:49,210 --> 01:37:54,210
industry, business and our homes run on electricity and increasingly our transportation does too.

1299
01:37:54,930 --> 01:37:57,310
Our demand for electricity increases every year.

1300
01:37:57,850 --> 01:38:02,550
New supply must be developed to keep up and avoid blackouts, brownouts and flex alerts.

1301
01:38:03,270 --> 01:38:07,230
So where will the new supply come from if we're to meet California's clean energy targets?

1302
01:38:08,150 --> 01:38:15,310
The good news is that solar and wind are now the lowest cost forms of new electricity generation.

1303
01:38:15,310 --> 01:38:18,730
But the sun doesn't always shine and the wind doesn't always blow.

1304
01:38:19,330 --> 01:38:20,650
Enter battery storage.

1305
01:38:21,210 --> 01:38:25,450
Commercial grade battery storage technology has become very safe and reliable,

1306
01:38:25,910 --> 01:38:28,930
and the cost has come down significantly with scale.

1307
01:38:29,570 --> 01:38:35,230
We now have a highly effective and affordable complement to solar and wind generation

1308
01:38:35,230 --> 01:38:38,630
able to store electricity when those resources are generating

1309
01:38:38,630 --> 01:38:40,970
and discharged during peak demand hours.

1310
01:38:42,090 --> 01:38:45,590
Why is our project proposed for this location?

1311
01:38:46,350 --> 01:38:50,550
San Juan Capistrano is bisected by a major infrastructure corridor.

1312
01:38:51,250 --> 01:38:55,290
Fourteen lanes of I-5 freeway run through it, along with Rancho Viejo Road,

1313
01:38:55,530 --> 01:38:57,490
Camino Capistrano, and two railroad lines.

1314
01:38:58,190 --> 01:39:03,190
In addition, SD and GD's Turbuco Capistrano transmission line

1315
01:39:03,190 --> 01:39:05,090
runs along these railroad lines.

1316
01:39:05,910 --> 01:39:08,310
It is immediately adjacent to the project site,

1317
01:39:08,310 --> 01:39:14,770
which is previously disturbed parcel zone for planning community development including institutional uses.

1318
01:39:15,710 --> 01:39:24,130
This transmission line uniquely has the capacity for the project to deliver 100% of its power to the grid

1319
01:39:24,130 --> 01:39:30,170
helping California meet its clean energy goals and providing stability and reliability to the grid in the local area.

1320
01:39:30,930 --> 01:39:33,850
The Compass project is not up for approval by the city.

1321
01:39:33,850 --> 01:39:37,790
There is no imminent threat or urgency regarding this matter.

1322
01:39:38,310 --> 01:39:43,190
This project will be studied at length and in great detail by the California Energy Commission.

1323
01:39:43,930 --> 01:39:46,970
The full application will be submitted soon for all to see.

1324
01:39:47,570 --> 01:39:52,630
The process will be public and transparent and is likely to take at least a year to complete.

1325
01:39:53,450 --> 01:39:58,190
We encourage the city and all interested parties to review the CEC application materials.

1326
01:39:58,190 --> 01:40:03,410
You'll be able to find it at energy.ca.gov under the project name Compass.

1327
01:40:04,350 --> 01:40:09,290
We respect the city's prerogative to pass this interim ordinance, however we believe

1328
01:40:09,290 --> 01:40:14,730
a better approach will be to fully participate in the CEC process, which will include local

1329
01:40:15,670 --> 01:40:17,350
engagement and community hearings.

1330
01:40:18,130 --> 01:40:21,770
We also welcome the opportunity to work directly with the city during this process

1331
01:40:21,770 --> 01:40:27,330
by, for example, providing educational workshops for the public, including third-party experts.

1332
01:40:28,310 --> 01:40:30,990
We also welcome directly engagement with ENGIE.

1333
01:40:31,190 --> 01:40:32,190
You can contact me personally.

1334
01:40:32,810 --> 01:40:33,130
Thank you.

1335
01:40:33,390 --> 01:40:33,710
Thank you.

1336
01:40:34,570 --> 01:40:35,310
Next speaker, please.

1337
01:40:45,820 --> 01:40:46,060
Hello.

1338
01:40:46,480 --> 01:40:47,560
I'm Dana Butler-Moberg.

1339
01:40:47,680 --> 01:40:49,000
I'm the CEO at the Shea Center.

1340
01:40:49,460 --> 01:40:52,480
And thank you so much for having us speak tonight.

1341
01:40:53,320 --> 01:40:57,660
The Shea Center is at 26284 Osso Road, San Juan Capistrano.

1342
01:40:59,140 --> 01:41:04,280
You know, I really do recognize coming from an environmental background that we really

1343
01:41:04,280 --> 01:41:06,140
do need more energy sources.

1344
01:41:07,000 --> 01:41:13,980
But just, you know, anything that we can do to really look at the safety of these facilities

1345
01:41:13,980 --> 01:41:18,440
is really going to be carefully, need to be carefully administered.

1346
01:41:19,060 --> 01:41:24,520
Because in that area surrounding where this site is proposed, I just thought I would

1347
01:41:24,520 --> 01:41:31,540
to bring into your view the number of vulnerable communities that exist surrounding the site.

1348
01:41:32,480 --> 01:41:35,960
So the Shea Center serves more than 1,500 people with disabilities.

1349
01:41:36,180 --> 01:41:41,780
Our youngest client is two. Our oldest is 80 at the moment. It was 95.

1350
01:41:42,480 --> 01:41:46,040
We have two schools. We have Fairmont schools. We have J. Sarah.

1351
01:41:46,280 --> 01:41:51,840
So we have a number of youth. We have a wonderful project that houses people who need affordable housing.

1352
01:41:51,840 --> 01:41:58,440
We have another project just down the street that serves people who are needing memory care.

1353
01:41:59,200 --> 01:42:03,020
Just above the hill we have another community that's Laguna Niguel, Laguna Hills.

1354
01:42:03,900 --> 01:42:10,440
So we are surrounded by vulnerable communities where this is proposed.

1355
01:42:11,440 --> 01:42:16,680
The other thing that really concerns me, we just trained 146 firefighters last week

1356
01:42:16,680 --> 01:42:20,680
in how to do horse handling for large animal rescues.

1357
01:42:20,680 --> 01:42:26,600
And in talking with firefighters about the nature of lithium fires, they are our first responders,

1358
01:42:26,860 --> 01:42:31,860
our front line, and they are at dire risk should they be exposed to the gases.

1359
01:42:32,600 --> 01:42:39,020
Those gases that come out of a lithium fire include hydrogen cyanide, carbon monoxide, sulfur dioxide,

1360
01:42:39,700 --> 01:42:43,640
methane, and other really devastating injuries that can come from those fumes.

1361
01:42:45,020 --> 01:42:50,600
So this is a highly populated area and normally a lot of these places, these

1362
01:42:50,600 --> 01:42:56,540
battery farms are in areas that are not as highly populated. So thank you for

1363
01:42:56,540 --> 01:43:01,400
your consideration for looking at how can we really move forward carefully to

1364
01:43:01,400 --> 01:43:05,180
protect the environment, to protect public safety. And we appreciate it.

1365
01:43:05,380 --> 01:43:09,620
Thank you so much. Oh, and the risk of fire, by the way, huge fire zone up

1366
01:43:09,620 --> 01:43:13,620
there. Lots of open space, lots of dry grass, we had lots of rain. So thank

1367
01:43:13,620 --> 01:43:14,120
Thank you very much.

1368
01:43:14,860 --> 01:43:15,340
Thank you.

1369
01:43:15,460 --> 01:43:16,200
Next speaker, please.

1370
01:43:22,250 --> 01:43:23,750
Good evening, City Council members.

1371
01:43:24,130 --> 01:43:25,650
My name is Sarah Alameda.

1372
01:43:26,250 --> 01:43:30,910
I'm a volunteer member of Saddleback Church, as well as an energy sustainability and infrastructure

1373
01:43:30,910 --> 01:43:33,070
consultant for federal government agencies.

1374
01:43:34,030 --> 01:43:38,850
I'm here as a party with a vested interest in this ordinance to prevent BESS facilities

1375
01:43:39,370 --> 01:43:44,430
from being built within city limits, particularly for the purposes of halting the current

1376
01:43:44,430 --> 01:43:50,270
proposal of NGSB ESS facility on the Saddleback Church San Juan Capistrano property site.

1377
01:43:51,150 --> 01:43:55,730
As it currently stands, the project proposal would cause the relocation of one of our major

1378
01:43:55,730 --> 01:44:00,590
ministries called the Peace Farm that provides naturally grown produce to our local community

1379
01:44:00,590 --> 01:44:05,650
at no cost. Furthermore, the project would pose some environmental and wildlife impacts

1380
01:44:05,650 --> 01:44:10,090
to the local communities of both San Juan Capistrano and the neighboring community

1381
01:44:10,090 --> 01:44:11,050
of Laguna Niguel.

1382
01:44:11,050 --> 01:44:17,230
I noticed that several entities have submitted their disagreement with the current interim

1383
01:44:17,230 --> 01:44:23,130
ordinance to prevent these types of facilities being built, particularly the California Energy

1384
01:44:23,130 --> 01:44:29,490
Storage Alliance made it a statement saying that these projects have been extremely reliable

1385
01:44:29,490 --> 01:44:31,190
with few safety incidents.

1386
01:44:31,890 --> 01:44:36,770
I can tell you that that is a false statement as an energy consultant.

1387
01:44:36,770 --> 01:44:45,650
In fact, there have been 81 BESS fire incidents since inception in 2011, with 15 of those incidents

1388
01:44:45,650 --> 01:44:47,390
occurring in 2023 alone.

1389
01:44:48,130 --> 01:44:53,310
These failure events are very closely tracked and they are recorded in official database

1390
01:44:53,310 --> 01:44:58,390
by the Electric Power Research Institute, also known as EPRI, which is a database that

1391
01:44:58,390 --> 01:44:59,970
at every major BESS com.

1392
01:45:02,820 --> 01:45:08,060
Some of the most recent fire events have occurred in states, including New York, Pennsylvania,

1393
01:45:08,720 --> 01:45:15,220
California, and Idaho, from fully professional BESS companies, including Powin Energy, LG,

1394
01:45:15,520 --> 01:45:20,820
and Tesla. Myself, as well as several other volunteers and community members of the neighboring

1395
01:45:20,820 --> 01:45:26,740
city of Laguna-Nagel, attended a meeting between NG and the Laguna-Nagel Homeowners Association

1396
01:45:26,740 --> 01:45:27,720
two weeks ago.

1397
01:45:28,540 --> 01:45:32,160
After this meeting, the HOA committee left with high concerns

1398
01:45:32,160 --> 01:45:35,480
over how this project will propose an increased fire risk

1399
01:45:35,480 --> 01:45:39,300
to the homes on the bluff right above the proposed project site,

1400
01:45:39,700 --> 01:45:42,340
as well as future potential for these homeowners

1401
01:45:42,340 --> 01:45:44,760
to have their insurance policies canceled

1402
01:45:44,760 --> 01:45:46,580
due to increased fire risk.

1403
01:45:47,060 --> 01:45:50,080
There was also a concern that homeowners who have paid a premium

1404
01:45:50,080 --> 01:45:52,560
for valley scenic views of San Juan Capistrano

1405
01:45:52,560 --> 01:45:54,560
will have their home values decreased

1406
01:45:54,560 --> 01:45:56,060
once this project is built.

1407
01:45:57,840 --> 01:46:00,020
Furthermore, HOA has been in contact

1408
01:46:00,020 --> 01:46:02,340
with members of several wildlife communities,

1409
01:46:02,840 --> 01:46:05,680
and we've been informed that this particular project site

1410
01:46:05,680 --> 01:46:07,640
could be a home to the endangered species

1411
01:46:07,640 --> 01:46:09,000
of the California Natcatcher.

1412
01:46:09,600 --> 01:46:11,020
And during this HOA meeting,

1413
01:46:11,180 --> 01:46:13,720
I brought up concerns about what would happen

1414
01:46:13,720 --> 01:46:17,160
if there were one or more endangered species

1415
01:46:17,660 --> 01:46:21,240
in this natural ranch area on the project site

1416
01:46:21,240 --> 01:46:28,120
and was informed by NG that no endangered species, whether it be one or many, would prevent this

1417
01:46:28,120 --> 01:46:33,900
project from moving forward. Naturally, with San Juan Capistrano being a city that prides itself

1418
01:46:33,900 --> 01:46:39,680
on its historic and natural wildlife preservation, we find this project's impact to both the community

1419
01:46:39,680 --> 01:46:45,360
and its wildlife to be a major concern to upholding the city's reputation. Lastly,

1420
01:46:45,460 --> 01:46:50,720
while we support this proposition to prevent the building of any BES facilities within city

1421
01:46:50,720 --> 01:46:58,900
limits on an interim timeframe. We're not sure how this will affect the application to

1422
01:46:58,900 --> 01:47:04,120
the state, which is an effort to circumvent the city's wishes to not have this project

1423
01:47:04,120 --> 01:47:08,940
move forward. So we would ask that the city consider this information and determine how

1424
01:47:08,940 --> 01:47:13,740
to best refrain this proposition or necessary communications to the state so that the

1425
01:47:13,740 --> 01:47:18,220
city does not approve of this project or anything of a similar size and scale moving

1426
01:47:18,220 --> 01:47:22,160
moving forward within the city of San Juan Capistrano city limits. Thank you.

1427
01:47:22,520 --> 01:47:24,660
Thank you. Next speaker please.

1428
01:47:52,140 --> 01:47:52,980
Hello, this is Kathleen.

1429
01:47:53,460 --> 01:47:56,800
Hi Kathleen, you're next on the, to make your comments.

1430
01:47:57,840 --> 01:47:59,940
Okay, I'll stay here.

1431
01:48:00,160 --> 01:48:02,440
Okay, you have three minutes. Thank you.

1432
01:48:03,440 --> 01:48:03,940
Thank you.

1433
01:48:05,400 --> 01:48:06,000
You're going to start.

1434
01:48:07,780 --> 01:48:10,000
Hello, this is Kathleen Pryor.

1435
01:48:10,120 --> 01:48:13,800
I am the president of the Laguna Heights Community Association.

1436
01:48:13,800 --> 01:48:19,120
We have over 200 acres of that ravine, both free health sites.

1437
01:48:20,240 --> 01:48:21,440
Can you hear me?

1438
01:48:22,100 --> 01:48:22,440
Yes.

1439
01:48:24,780 --> 01:48:26,040
We're very concerned.

1440
01:48:34,000 --> 01:48:42,080
Please, if you can lower your volume on the laptop.

1441
01:48:42,660 --> 01:48:43,240
Thank you.

1442
01:48:50,580 --> 01:48:51,440
You can continue.

1443
01:48:52,560 --> 01:48:52,860
Okay.

1444
01:48:53,320 --> 01:48:53,440
Our

1445
01:48:56,540 --> 01:48:59,860
concern at that meeting, we had several concerns.

1446
01:49:00,840 --> 01:49:03,400
One, do they have enough fire insurance?

1447
01:49:03,980 --> 01:49:06,800
We have so many homeowners living on that block

1448
01:49:06,800 --> 01:49:10,040
and as we all know, fire travels uphill.

1449
01:49:10,780 --> 01:49:15,460
So we have in particular a community of condominiums

1450
01:49:16,120 --> 01:49:20,000
and these people are low income senior citizens

1451
01:49:20,540 --> 01:49:24,000
and it is buried in and it is right on the edge

1452
01:49:24,000 --> 01:49:24,840
of that block.

1453
01:49:25,320 --> 01:49:27,580
There have not been one, two, there have been

1454
01:49:27,580 --> 01:49:31,760
that was three incidents of major fires in that ravine.

1455
01:49:32,220 --> 01:49:35,900
I can promise that people that are developing this site,

1456
01:49:36,120 --> 01:49:37,400
they will have a fire.

1457
01:49:37,980 --> 01:49:43,060
Not only that, but the efforts by the Center

1458
01:49:43,060 --> 01:49:46,520
for Land Management, Natural Land Management,

1459
01:49:46,880 --> 01:49:49,540
that city of San Juan also contracted,

1460
01:49:50,120 --> 01:49:53,860
we have given an evening over all of those slopes,

1461
01:49:53,860 --> 01:49:57,780
all the way up the Kalina's Love Trail.

1462
01:49:58,480 --> 01:50:04,300
That means that all of their openings into these containers

1463
01:50:04,300 --> 01:50:10,080
will be infiltrated by dust, pollen, debris,

1464
01:50:10,840 --> 01:50:12,280
and they will be flammable.

1465
01:50:12,740 --> 01:50:17,180
We can almost guarantee you they'll be either recreationalists

1466
01:50:17,180 --> 01:50:22,240
or they'll be homeless in that ravine that will light a fire,

1467
01:50:22,240 --> 01:50:25,240
and that will cause an infligration, you know,

1468
01:50:25,400 --> 01:50:27,040
a conflagration in that situation.

1469
01:50:27,740 --> 01:50:31,440
I asked the people at Energy, do they have fire insurance?

1470
01:50:32,100 --> 01:50:35,220
I think they would need at least $500 million worth

1471
01:50:35,220 --> 01:50:37,900
of fire insurance to protect the homes.

1472
01:50:38,480 --> 01:50:40,560
Do they have the super fund insurance

1473
01:50:41,100 --> 01:50:45,200
where they actually cause a hazardous material leak

1474
01:50:45,680 --> 01:50:47,760
that they have some sort of protection?

1475
01:50:48,140 --> 01:50:49,480
We have some sort of protection.

1476
01:50:49,480 --> 01:50:55,380
And these containers, as we were told in the meeting, are made of galvanized steel.

1477
01:50:56,020 --> 01:50:59,900
Galvanized steel rusts in a saltwater environment.

1478
01:51:00,820 --> 01:51:04,400
The ocean fog would be particularly destructive.

1479
01:51:05,420 --> 01:51:06,980
And lithium is poisonous.

1480
01:51:09,240 --> 01:51:13,040
They were intending to put out fires with pyrohydrids.

1481
01:51:14,060 --> 01:51:18,360
They need a storage tank, a utility company storage tank.

1482
01:51:18,360 --> 01:51:29,200
in efforts to put out fires of 30 containers, or excuse me, 1100 containers that are 30 feet wide,

1483
01:51:30,020 --> 01:51:34,200
9 feet tall, and 5 to 8 feet wide.

1484
01:51:34,980 --> 01:51:38,320
I don't think that we are protected from the...

1485
01:51:38,320 --> 01:51:40,700
Kathleen, if you could please summarize, please.

1486
01:51:40,960 --> 01:51:42,540
That this type of project will cost.

1487
01:51:43,700 --> 01:51:53,720
We represent 1,800 residents, 700 apartment people, and we have over 250 acres of land.

1488
01:51:54,540 --> 01:51:54,960
Thank you.

1489
01:51:55,320 --> 01:51:55,720
Thank you.

1490
01:51:56,060 --> 01:51:58,640
Thank you, Kathleen.

1491
01:51:59,280 --> 01:52:00,240
I want to hand it up right now.

1492
01:52:00,560 --> 01:52:00,900
Thank you.

1493
01:52:01,260 --> 01:52:01,520
Okay.

1494
01:52:01,700 --> 01:52:01,780
Fine.

1495
01:52:02,660 --> 01:52:06,080
Is there anyone else in the audience that would like to address the city council on this

1496
01:52:06,080 --> 01:52:06,360
item?

1497
01:52:08,840 --> 01:52:10,360
Do we have anyone else on the phone?

1498
01:52:10,720 --> 01:52:10,980
City Clerk?

1499
01:52:12,060 --> 01:52:12,340
All right.

1500
01:52:12,400 --> 01:52:13,560
I'll bring it back to the council.

1501
01:52:13,560 --> 01:52:16,580
Council, are there comments, questions or motion?

1502
01:52:21,580 --> 01:52:27,440
Mr. Mayor, I move for staff recommendation as modified by Council.

1503
01:52:28,580 --> 01:52:29,300
Thank you.

1504
01:52:29,700 --> 01:52:30,380
Is there a second?

1505
01:52:32,160 --> 01:52:32,640
I'll second.

1506
01:52:33,420 --> 01:52:38,320
If we have a second by Council Member Taylor, are there any comments of motion on the floor?

1507
01:52:39,840 --> 01:52:41,760
We'll now take a roll call vote, please.

1508
01:52:42,780 --> 01:52:43,720
Council Member Hart.

1509
01:52:44,180 --> 01:52:44,440
Yes.

1510
01:52:45,180 --> 01:52:45,960
Council Member Campbell.

1511
01:52:46,360 --> 01:52:46,620
Yes.

1512
01:52:46,620 --> 01:52:48,080
Mobaton-Born?

1513
01:52:48,500 --> 01:52:48,940
Yes.

1514
01:52:49,360 --> 01:52:49,860
Moffarias?

1515
01:52:50,280 --> 01:52:50,520
Yes.

1516
01:52:50,900 --> 01:52:51,640
And Councilman Taylor?

1517
01:52:52,620 --> 01:52:53,020
Yes.

1518
01:52:55,650 --> 01:52:56,650
That's unanimous.

1519
01:52:56,850 --> 01:52:59,350
Mr. Mayor, if I may read the title of the urgency ordinance.

1520
01:53:00,370 --> 01:53:15,530
This is an interim ordinance of the City Council of the City of San Juan Capistrano, 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.

1521
01:53:15,590 --> 01:53:15,970
Thank you.

1522
01:53:16,490 --> 01:53:17,130
Thank you.

1523
01:53:17,130 --> 01:53:22,330
I will turn the meeting over to the chair of the Housing Authority.

1524
01:53:28,440 --> 01:53:29,480
One moment, please.

1525
01:53:39,020 --> 01:53:39,660
Thank you, Mayor.

1526
01:53:40,320 --> 01:53:44,240
I now call the San Juan Capistrana Housing Authority regular and telephonic meeting of

1527
01:53:44,240 --> 01:53:46,040
April 2, 2024 to order.

1528
01:53:46,860 --> 01:53:51,220
The record should reflect the roll call taken previously at the City Council meeting.

1529
01:53:52,320 --> 01:53:53,120
Consent calendar.

1530
01:53:54,080 --> 01:53:58,440
Items on the consent calendar are considered routine and may be enacted by one vote.

1531
01:53:58,440 --> 01:54:02,400
Does anyone wish to remove a consent calendar item for discussion or abstain from voting?

1532
01:54:04,000 --> 01:54:06,960
Hearing none, is there a motion to approve the consent calendar?

1533
01:54:07,420 --> 01:54:08,140
So moved.

1534
01:54:08,580 --> 01:54:09,040
A second?

1535
01:54:09,900 --> 01:54:10,460
Second.

1536
01:54:11,060 --> 01:54:12,220
Is there any discussion on the motion?

1537
01:54:14,080 --> 01:54:20,680
Seeing no discussion, I would like the city clerk to call for a roll vote, please.

1538
01:54:25,720 --> 01:54:26,420
Commissioner Files?

1539
01:54:29,650 --> 01:54:29,990
Yes.

1540
01:54:31,330 --> 01:54:32,450
Commissioner Hart?

1541
01:54:33,890 --> 01:54:34,450
Yes.

1542
01:54:34,450 --> 01:54:34,570
Yes.

1543
01:54:35,430 --> 01:54:36,350
Commissioner Boyle?

1544
01:54:36,470 --> 01:54:36,930
Yes.

1545
01:54:37,890 --> 01:54:38,690
Chair Campbell?

1546
01:54:39,250 --> 01:54:39,710
Yes.

1547
01:54:40,190 --> 01:54:41,330
And Vice Chair Taylor?

1548
01:54:42,510 --> 01:54:42,970
Yes.

1549
01:54:58,570 --> 01:55:00,910
Does the 501 unanimous vote, Mr. Chair?

1550
01:55:08,240 --> 01:55:09,720
Mayor, I now turn the meeting over to you.

1551
01:55:10,480 --> 01:55:11,200
Oh, I'm sorry.

1552
01:55:11,340 --> 01:55:16,600
The meeting is adjourned to Tuesday, May 7th, 2024 at 5 p.m. for a public business session

1553
01:55:16,600 --> 01:55:18,000
in the City Council chamber.

1554
01:55:18,260 --> 01:55:20,160
Mayor, I turn the meeting back over to you.

1555
01:55:21,300 --> 01:55:21,940
Thank you.

1556
01:55:21,940 --> 01:55:25,940
and I will re-adjourn the regular City Council meeting.

1557
01:55:27,020 --> 01:55:29,640
There are no Council action items tonight.

1558
01:55:30,720 --> 01:55:32,180
Are there Council member reports?

1559
01:55:33,840 --> 01:55:35,020
Council member Campbell?

1560
01:55:36,120 --> 01:55:37,760
Yes, Mayor, thank you very much.

1561
01:55:38,260 --> 01:55:47,700
I was honored to last Saturday to attend a award

1562
01:55:47,700 --> 01:55:50,360
ceremony put on by Assemblywoman

1563
01:55:53,430 --> 01:55:57,830
Davies, thank you very much.

1564
01:55:59,250 --> 01:56:04,290
We were fortunate to have one of our own, Jackie DuPont, who is with the Luminations

1565
01:56:04,290 --> 01:56:07,930
Foundation be given an award as the Woman of the Year.

1566
01:56:08,430 --> 01:56:14,010
Illumination Foundation provides shelter to homeless and especially the elderly and she

1567
01:56:14,010 --> 01:56:15,090
was honored for doing that.

1568
01:56:15,830 --> 01:56:20,250
We're very lucky to have this asset in our community, and I congratulate Jackie.

1569
01:56:20,850 --> 01:56:22,670
It was a great event to attend.

1570
01:56:23,030 --> 01:56:23,370
Thank you.

1571
01:56:24,330 --> 01:56:24,910
Thank you.

1572
01:56:25,090 --> 01:56:27,730
Other Council, sorry, is there a city manager report?

1573
01:56:29,290 --> 01:56:30,370
Nothing further this evening.

1574
01:56:30,550 --> 01:56:31,390
Thank you, Mr. Mayor.

1575
01:56:32,110 --> 01:56:32,790
Thank you.

1576
01:56:34,130 --> 01:56:43,790
I will now adjourn this meeting to Tuesday April 16, 2024 at 3 p.m. for

1577
01:56:43,790 --> 01:56:50,410
executive session and 5 p.m. Yes, oh 5 p.m. for the public business session in the

1578
01:56:50,410 --> 01:56:53,450
city council chambers. Thank you.