[0:01] I now call the April 2nd, 2024 city council meeting to order City Clerk. Would you please call the roll?

[0:11] Councilmember Hart. Here.

[0:14] Councilmember Campbell. Here.

[0:16] Merviton-Born. Here.

[0:18] Mayor Perez. Here.

[0:20] Councilmember Taylor. Here.

[0:24] Okay, we have a really loud fan in here, so please bear with us. We were trying to work

[0:31] on that before, but it looks like that's as good as it's going to get. Sorry, Council

[0:35] Member Campbell. I'm going to now read the following. This meeting will be conducted

[0:42] via teleconferencing. I would like to make clear for the record that this meeting is

[0:46] being conducted by teleconference. I will now briefly go through some special procedures

[0:51] required by the Brown Act for the City Council

[0:54] to participate via teleconference.

[0:57] I would like now to request Council Member Taylor

[1:01] to respond to the following questions.

[1:03] Can you hear well?

[1:06] Yes.

[1:07] Do you have a copy of the agenda for this meeting?

[1:11] I would like to ask any member of the City Council

[1:14] to speak up at this time if such Council Member

[1:17] has not been able to clearly hear Council Member Taylor.

[1:21] Here you no comment, the record should reflect that all council members have indicated that

[1:26] they were able to hear him.

[1:28] I would next request any city council members speak up at this time if such council member

[1:34] has any reason to believe based on voice recognition or otherwise that council member

[1:38] Taylor representing is not truly so.

[1:42] Here you no comment, we will now proceed with our meeting.

[1:46] Tonight's meeting is dedicated to Chair Matt Gaffney, who unfortunately passed.

[1:56] He's a lifelong resident of the city of San Juan Capistrano, served the country in the

[2:02] Navy, past commander of American Legion Post 721, planning commission chair, historical

[2:09] historical society member, past president of Capistrano Animal Rescue, effort, founding

[2:15] board member of the Open Space Foundation, and many other services, including man hours

[2:24] put into building Riyadh Park, and that Dr. Joe Cortesi Dog Park, while I was sitting

[2:30] up here waiting for my colleagues, I actually was able to look something up that I think

[2:37] represents Matt's vision for a city well. It was a quote in the paper and it says

[2:46] things like open space are our legacy. They will last long after we're gone

[2:52] when we're just old names on on the plaque. That's what matters to me more

[2:57] than anything. Matt was a dedicated resident to this city, loved the

[3:04] of San Juan Capistrano.

[3:07] I don't think anyone would ever question that. He

[3:10] always spoke about how much he loved living in this city. Anyone here knows

[3:15] that. So tonight's meeting is dedicated in his memory. He will be missed.

[3:25] We will

[3:26] now move on to oral communications. Oh no, hold on. Sorry, sorry, sorry. Wrong

[3:32] agenda.

[3:36] We will be led by the for the Pledge of Allegiance by Council

[3:39] member Hart in the invocation by Mayor Proten-Born of

[3:51] the United States of

[3:52] America and to the Republic for which it stands one nation under God indivisible

[3:59] liberty and justice for all.

[4:04] Heavenly Father we're grateful again for the

[4:07] opportunity that we have to meet together as a city to discuss the

[4:12] important issues that our town is facing. We're grateful for the freedom to

[4:17] join together to speak our minds and to self-govern.

[4:22] We're grateful for this spring season, for

[4:24] the beautiful area in which we're able to live, for our local festivals, for the religious

[4:30] gatherings and festivities, and the way that they bring us together as a community. We're

[4:35] grateful for those who look after us, for first responders, and pray that they might

[4:40] be protected as they serve. We pray that we might be able to deliberate collaboratively

[4:46] this afternoon to be able to reach good decisions that will be of benefit and blessing to our residents

[4:51] and do so in the name of Jesus Christ.

[5:01] Mayor Pro Tem, would you please introduce Commissioner's present at tonight's meeting?

[5:08] I think Ted Rosenfeld.

[5:12] I see Planning Commissioner Ted Rosenfeld.

[5:16] And glad you're here. Thanks for being here.

[5:19] Oh, wow.

[5:20] Can I see?

[5:25] Thank you.

[5:26] Is that Shelly Barker?

[5:27] Back there. Is that Shelly Barker? It is Shelly Barker from Parks and Rec. Thanks for being here, Shelly.

[5:34] Thank you, Mayor, for them.

[5:39] We will now move on to item B2.

[5:42] Item B2 is a proclamation designating April 24th as National Donate Life Month.

[6:05] Good evening. It is an honor to present this important proclamation designating April 2024 as DMV Donate Life Month.

[6:14] With me is Leslie Eskelsten, one legacy ambassador.

[6:22] Whereas, Oregon Eye Tissue Marrow and Blood Donation are life-giving acts recognized worldwide as expressions of compassion to those in need.

[6:32] And whereas more than 100,000 individuals nationwide and more than 20,000 in California are currently on the National Oregon Transplant Waiting List

[6:41] and on average 17 people die each day while waiting.

[6:46] And whereas the need for donated organs is especially urgent in Hispanic, Latino, and African American communities.

[6:54] And whereas a single individual's donation of the heart, lungs, liver, kidneys, pancreas, and small intestines can save up to eight lives.

[7:05] and whereas donation of tissue can save and heal lives of more than 75 others,

[7:12] whereas organ donors saved more than 46,000 lives last year, the most ever,

[7:21] and whereas any person can register to be an organ, eye, and tissue donor,

[7:27] regardless of age or medical condition,

[7:29] and whereas being a registered donor does not impact the quality of life-saving

[7:34] medical care a person receives in an emergency and whereas California

[7:39] residents can sign up with a Donate Life California donor registry online at

[7:46] any time by visiting donatelifecalifornia.org or for Spanish

[7:51] speakers donavidacalifornia.org and whereas California residents can sign

[7:59] up to be an organ, eye, and tissue donor when applying for or renewing their driver's

[8:05] licenses or ID cards at the California DMV.

[8:10] And whereas California residents interested in saving a life through living kidney donation

[8:15] may visit livingdonationscalifornia.org.

[8:20] Now therefore, be it resolved that in recognition of National Donate Life Month, the month

[8:26] of April 2024 is hereby proclaim DMV Donate Life Month in the city of San Juan Capstrano

[8:33] and in doing so we encourage all Californians to check yes online when applying for or renewing

[8:40] their driver's license or ID card at the DMV.

[8:46] Would you please do it if you would?

[8:47] Thank you. Yes. I'd be happy to. Very important numbers that you just heard. So in the country

[8:55] Today there are about 114 people waiting for a life-giving organ and 20% of those are in

[9:00] California and the unfortunate number is that only 3% and 1,000 people are eligible

[9:06] to be donors at the time of their death.

[9:09] One of those that was lucky to become a donor, it's like a silver lining story.

[9:14] This is my late husband Paul.

[9:16] He became a donor over six years ago when he suffered a very spontaneous and very

[9:22] quickly fatal brain injury spontaneously.

[9:25] And he was able to donate his heart, lungs, liver, kidneys, and saved the lives of four

[9:30] people six years ago.

[9:31] One lucky grandma, if you're doing the math, received both his kidney and one of his kidneys

[9:36] and his liver.

[9:37] His corneas were used to improve the site or regain the site of two different people

[9:42] in Germany, and his bone skin and tissue were subsequently used to improve the lives

[9:47] of over 75 people through bone and skin grafts.

[9:50] 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.

[9:59] And I appreciate all of you and hope that you'll consider becoming a registered organi and tissue donor if you aren't already.

[10:05] Thank you very much.

[10:08] Thank you.

[10:09] Now,

[10:43] moving on to oral communications, persons wishing to address the City Council or the

[10:48] Housing Authority on any business that is not listed on the agenda may do so in person

[10:53] by attending tonight's meeting or by providing a slip.

[10:58] Do we have any persons wishing to address the City Council?

[11:02] Yes, Mr. Mayor, Diane Harky followed by Susan Rees and Tyler Mosher.

[11:07] Hi,

[11:12] Mr. Mayor, council members and of course Mr. Siegel. Thank you so much. We

[11:18] called but a week ago or whatever to complain about some some surly

[11:24] activities going on in the creek creek bed where we are by Rancho Sierra Vista

[11:29] and it was almost immediate that Captain Justice Montano and his

[11:35] deputies and the staff took action and the place is now cleaned up a

[11:41] bit and we're very, very happy. So thank you for responding to us as a public safety issue

[11:47] and we really do appreciate it. So this is from the ladies over at Rancho Sierra Vista

[11:52] and I think some of the guys too who use the creek who go out on trails. So I've got some

[11:57] candy here for the captain and his staff and I think I think we have the sergeant here

[12:03] with us if you'd like to right here. But I want to thank you all for your quick response.

[12:07] It was just really wonderful to see the response especially right after Swallow's day.

[12:13] Thank you.

[12:31] Hello.

[12:34] I'm here to share the success of our nonprofit organization and the work we provided in San Juan Capistrano over the past year.

[12:42] It's actually almost two years ago.

[12:45] And we are Groundswell, formerly known as OC Human Relations.

[12:48] When we come together under this banner of humanity, empathy, care, and love, we create a groundswell,

[12:56] a wave of belonging that carries us forward together.

[12:59] In the past year, these are our impact areas.

[13:03] We reached over 70,000 students, educators, staff, and parents through our youth and education program.

[13:10] We taught 2015 middle and high school students across OC in conflict resolution skills.

[13:16] 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.

[13:28] We provided 67 training courses to teachers, administrators, and our restorative schools to use alternative approaches to punitive responses for resolving conflicts.

[13:40] 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.

[13:50] We trained 174 mediators and worked with 77 volunteer mediators who donated over 3,600 hours.

[13:59] We partnered with the county of Orange and 211 Orange County to set up a 24-hour hotline for people to report hate activity.

[14:07] And we trained over 2,200 individuals from 38 nonprofits, businesses, government agencies,

[14:15] and educational institutions on topics ranging from implicit bias, restorative circle, conflict

[14:22] resolution skills, and I'm going to say it, but people don't like it, diversity,

[14:30] equity, and inclusion.

[14:32] These cohorts could potentially reach over 100,000 people through their services.

[14:38] 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.

[14:49] We're pleased to share how we worked with residents in San Juan Capistrano specifically during that last fiscal year.

[14:56] in collaboration with the County of Orange Law.

[15:00] Enforcement agencies, schools, community organizations, and residents.

[15:05] We make a hate crime report every year, and in that year, two hate crimes and two hate

[15:12] incidents were documented in San Juan Capistrano.

[15:16] We work to build a sense of community among San Juan Capistrano residents and staff through

[15:22] our continual countywide crime education victim outreach and support.

[15:27] In conclusion, Groundswell has appreciated the opportunity to do work in your city,

[15:32] granting us to support schools and cities, address community conflict,

[15:38] and sustain a human relations infrastructure.

[15:40] We hope you'll consider participating in our annual dues program.

[15:46] Thank you.

[15:47] Oh, and I have an annual report.

[15:55] Next speaker, please.

[16:06] Hello.

[16:06] My name is Tyler Moser.

[16:08] I'm with the Office of Supervisor Katrina Foley.

[16:10] I'm just here to give a quick update to both the council and the public.

[16:14] Our office had a fantastic time celebrating the Swallows Day parade a few weekends ago

[16:18] right here in the city of San Juan Capistrano.

[16:21] Supervisor Foley will not be making any public appearances for the next few weeks as she

[16:25] is recovering from two surgeries.

[16:27] I will be filling in for her until she's back.

[16:30] We'd also like to use this as an opportunity to remind everyone to wear their sunscreen.

[16:33] screen. In celebration of Women's History Month in March, we hosted the third annual

[16:40] Women Making a Difference Awards and Brunch on Saturday at the Orange County Museum of

[16:44] Art. This event celebrated the accomplishments of outstanding women and lawyers who make

[16:49] a difference in Orange County. On Wednesday of this past week, the supervisor also

[16:53] initiated her first round table on the status of women and girls in Orange County with

[16:58] local women leaders in government, education, and other sectors. At the Board of Supervisors

[17:03] meeting on Tuesday of this past week, we recognized Vietnam War Veterans Day, which

[17:07] took place on Friday, March 29th. The supervisor is committed to working with our local veteran

[17:12] leaders to continue the progress we've made and to do even more. We've also endorsed

[17:17] the package of four bills that address abuse in sober living homes, including SB 1334,

[17:23] which is carried by State Senator Josh Newman. The I-5 South County Improvements Project,

[17:29] which will improve 6.5 miles of Interstate 5 through Mission Viejo all the way to Lake Forest

[17:34] is estimated to be complete by early 2025. Lastly, passenger service along the low-sane corridor,

[17:41] which the train tracks that run through Sanke-Money have resumed, and Supervisor Foley has met with

[17:46] State Senator Katherine Blakespear multiple times about amending changes to her Senate Bill 1098,

[17:52] date, which require improved guidance or recommendations between local stakeholders as necessary to ensure

[18:00] the performance of the Loson corridor. And that's all I have to share for today. Thank

[18:05] you.

[18:06] Thank you.

[18:13] Does anyone here in attendance, is there anyone that would like to address

[18:18] the City Council on items not listed on the agenda? You may do so at this time.

[18:22] Seeing none, I'll move on to public hearings.

[18:24] 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

[18:29] Is there anything to report out? There is nothing

[18:33] Thank you

[18:34] Moving on to public hearings item D1

[18:42] City clerk, could you please read the title of the item? Yes item D1 is a conservation of a code amendment to amend the

[18:49] Los Rios specific plan

[18:51] May we please have a staff report?

[18:54] Yes council member Taylor.

[19:07] Thank you council member

[19:10] 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.

[19:21] The Los Rios specific plan encompasses several properties within the central San Juan Capistrano, generally known as Los Rios Historic District.

[19:30] The subject of the Code Amendment tonight has to do with two private properties.

[19:35] The one that's just been outlined in red on the screen is a private residence owned by Mr. Stephen Rios,

[19:43] and it's on the north side of our subject properties today.

[19:46] And then the southern property is occupied by the Zoo Mars Petting Zoo and Hidden House Coffee House.

[19:55] Those two properties encompass the subject of this Code Amendment,

[19:59] And it's specific to the western most portion of those sites highlighted in or outlined in yellow on the screen.

[20:07] And it's specifically the district historic commercial within the specific plan document.

[20:15] 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.

[20:27] There's a couple of conditionally permitted uses, including small animal raising and horse keeping.

[20:34] The proposed amendment before you tonight is to allow for eating establishments of less than 1,000 square feet

[20:40] in conjunction with the principle or conditionally permitted use.

[20:44] This would allow for any restaurant to go onto the site and operate as long as there's already existing use

[20:51] that's principally permitted or permitted under a conditional use permit.

[20:55] 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.

[21:07] 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.

[21:16] So that is also within your proposed package tonight.

[21:20] Amendments to the accessory use permit section

[21:22] to allow for accessory use permits

[21:24] within the historic commercial zoning district.

[21:28] Staff also identified several cleanup items

[21:30] that should be made including some grammatical errors

[21:34] identifying clearly that a petting zoo

[21:36] be permitted within the historic commercial district

[21:39] since there is one already under a conditional use permit.

[21:41] And clarify that the parking is satisfied

[21:43] by the adjacent parking lots

[21:45] which has been a policy in process with all different business license that have gone

[21:50] on to the site. It's just nowhere stated within the code itself. Finally, when the City Council

[21:57] considered this code amendment back in June of last year, there were some concerns with

[22:02] the potential for alcohol service on the site. And so it was the Council's direction

[22:06] that should alcohol be permitted, that there be some sort of physical barrier between

[22:11] the historic commercial and the historic residential zone which is on the same

[22:15] property and so that was identified as a code amendment as well that should

[22:19] alcohol be permitted under an accessory use permit a physical barrier must be

[22:24] installed between the two districts.

[22:30] So the applicant is also requesting an

[22:32] amendment to the boundary between the historic commercial and the historic

[22:36] residential districts within their property. The current boundaries

[22:41] It is somewhat arbitrary, it's hard to plot.

[22:43] It was kind of just a line placed on a plan

[22:46] at some point in the past.

[22:48] It currently bisects the property,

[22:50] bisects structures, and bisects the use

[22:53] that's ongoing on the site.

[22:55] The proposed boundary would allow for more space

[22:58] to be encompassed within the historic commercial district.

[23:01] And where staff is supportive of it

[23:03] is it's really a logical location.

[23:06] It moves the boundary closer to the railroad tracks

[23:08] and it would follow the line of the residential structure and storage facilities that are on the site.

[23:15] The image on your screen currently shows the current boundary line in red, the proposed boundary line in green,

[23:23] and then the hatched out area which would then become a part of the historic commercial district.

[23:28] The historic or the uses of this area currently are both zoomars, storage for

[23:35] the site as well as additional uses that are in line with the historic

[23:39] commercial zoning versus the hidden house coffee house and the residential

[23:44] structure on the historic residential side. This would really give two

[23:49] structures that one of which is historic and not going to be relocated

[23:53] or moved anytime soon so that staff, the property owner, future property

[23:57] future users can clearly identify where the boundary line between these two

[24:01] districts within the historic zone are located.

[24:07] So staff has reviewed the Code

[24:09] Amendment, Planning Commission has reviewed the Code Amendment and

[24:12] determined that all the findings for approval of the Code Amendment can be

[24:16] made. Additionally, the Planning Commission recommended at their hearing

[24:19] that the Council consider directing staff to investigate standards for

[24:24] restaurants adjacent to residential properties. Since it appears that the

[24:29] neighbors who were really bringing up some concerns with a restaurant within

[24:32] this area appear to have been resolved based off of correspondence received from

[24:36] those neighbors, staff doesn't believe that this direction is necessary any

[24:40] longer. So with that staff is recommending that the council approve of the

[24:45] first reading of an ordinance adopting Code Amendment 23-002 to the

[24:49] Los Rios specific plan related eating establishments in the historic

[24:53] commercial district and find that the action is categorically exempt from CEQA.

[24:57] I'm available for any questions. The applicant is also here, although I don't believe he has

[25:01] a formal presentation. He'll probably be able to answer questions as well.

[25:06] Are there any questions of staff?

[25:11] Council Member Hart?

[25:12] Yes, Mr. Mayer. Thank you. A couple of questions.

[25:24] I guess the biggest one is the

[25:26] the

[25:28] Kind of the line drawing where it is

[25:31] And you're saying it was just kind of arbitrarily drawn across that that property parcel

[25:37] Correct. It's doesn't follow any lot lines doesn't follow any structures that actually bisect structures

[25:44] Is that the curl swear on those three or is it just this one or in the

[25:50] Districters just this one property where this I

[25:54] 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

[26:02] It was

[26:03] Over some structures as well and that got cleaned up in the past

[26:07] So theoretically you could end up with some line going through your family

[26:13] That is correct

[26:18] Can't drink can't drink by the television

[26:24] Okay.

[26:27] Yeah. Okay. I guess that's, that was my main question.

[26:34] Any other questions of stuff?

[26:38] I will now open the item to the public.

[26:41] Person's wishing to address the city council on this item may do so at this time.

[26:48] I have to request to speak from Pamela King and Tiana Rios.

[27:04] Good evening to you. My name is Pamela King.

[27:06] I humbly come before you today to have you consider the importance and the beauty of the little tip

[27:14] of our Los Rios historical district, Zoumars. I would like you to consider the changes wanting

[27:22] to be made and the alcohol with the kids parties. January 1st, 2005, Omar and Carolyn

[27:30] and moved me into the Los Rios Cottage.

[27:33] I managed Zoomars, the counter, the parties,

[27:37] and the gift shop.

[27:38] At that time, we ran six parties out of Zoomars,

[27:42] and on the weekends, the line rang from the counter

[27:45] clear around to Los Rios Street.

[27:48] One of the areas that is considered today here

[27:51] was the biggest party area and the most popular.

[27:58] We tried the alcohol thing with the kids in the parties.

[28:01] We allowed the people to bring in their own alcohol.

[28:05] Parties starting at 10 o'clock in the morning and drinking.

[28:11] I could write a book on the things that happened.

[28:14] The kids were left alone to do their things.

[28:16] The kids abused the animals.

[28:18] I can go on and on.

[28:19] Think about it.

[28:20] 10 o'clock drinking, day drinking.

[28:22] Are we really encouraging that in a historical setting

[28:25] with party people for their children?

[28:30] Since Zumaar now closes at 4 p.m.,

[28:32] why are we encouraging day drinking with children?

[28:36] One time we got in an accident.

[28:38] Thank God we didn't get sued from the person that over-drank

[28:41] while they were there at the party area.

[28:46] The boundaries for the historical society

[28:49] are known when Zumaars was sold.

[28:52] This is a historical place,

[28:54] not a place to put another restaurant

[28:56] that we don't need in town.

[28:58] We also did the round table pizza.

[29:01] We she moved in that was over by the other wire aid to service our party people.

[29:06] Well guys, her pizza was too much.

[29:09] Costco pizza for children was sufficient and she went out of business.

[29:13] Do we have to put another pizza place,

[29:15] right or salad or sandwich place right in the historical little footprint of our life?

[29:21] The coffee shop is wonderful.

[29:23] When they first opened the coffee shop, the roaster was on the side in front.

[29:29] Then they moved it to the back.

[29:30] We put up now with a motorboat sounding like going on and off all night long, all day long.

[29:36] We have put up with this.

[29:38] Now we're supposed to put up with some more chaos of drinking.

[29:43] Till 4 o'clock in the morning, is it going to open till 8?

[29:46] People would jump in the zoo to brutalize the animals.

[29:51] What are we really asking for here? Can we just wait for a year and see how this thing

[29:55] whole goes before we analyze this restaurant and this drinking?

[30:00] Is this day drinking for party children? I beg you, and thank you for your time.

[30:07] Thank you. Next speaker, please.

[30:16] Hi, good evening. My name is Tiana Rios. I'm Stephen Rios' daughter, and I reside at the Rios Adobe 31781 Los Rios Street.

[30:25] 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.

[30:34] We understand now that it's not going to be a wood-burning pizza eatery.

[30:40] So our family is not opposed to eatery establishment.

[30:43] We're friends with the Omklus family.

[30:46] My dad and Dan talk frequently, and they've been communicating about this.

[30:51] As far as the conditional use permit for the alcohol, we do not oppose that.

[30:56] We just ask that, as my dad said in his letter, that we just consider the residents close by my family.

[31:02] And perhaps we can have those clothes either when zoomers or hidden houses closes or, you know, the Ramos house, how they have...

[31:12] Ramos house and tea house can extend their hours at certain times. So we wouldn't be opposed to that.

[31:16] But we want to work with Dan. Dan's trying to work with us. We're neighbors at the end of the day.

[31:21] And we understand Los Rios Street's going to grow and things change.

[31:25] And we just ask that us residents be considered with the changes. Thank you guys.

[31:31] Thank you.

[31:35] Would any other member of the public like to address the city council on this item?

[31:51] I think that's one.

[31:55] 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.

[32:07] The first thing that I would like to say is that I am super grateful that our neighbors

[32:12] are able to speak with one another and address our concerns face to face and prior to involving

[32:22] any city personnel.

[32:26] And I see that in 2024 that has become more realistic and I'm grateful for that and I'm

[32:32] speaking to my neighbors as well.

[32:34] The other thing I wanted to mention is that I understand where Pam is coming from Pam King,

[32:41] and I would like to second the Rios family and say that I am not opposed to the Rios Adobe property

[32:49] or the AlmQuest property becoming an eating and drinking establishment

[32:56] and being able to provide beverages to individuals that are gathering.

[33:04] I think that, as I've said in the past, I don't know how many people were here at that time on council,

[33:14] but we are not in a, I mean, this is America and there is no prohibition against alcohol.

[33:22] and when people gather, especially families and friends,

[33:27] eating and drinking is part of gathering.

[33:30] So I ask this council to honor the American way

[33:36] and allow for people to utilize their properties,

[33:41] which are obviously for people to gather in celebration of life.

[33:46] And I do think that people appreciate

[33:50] the Los Rios Historic District for such, and I ask that you vote yes in favor of the Rios

[33:57] Adobe and the AlmQuest Adobe, I mean, a property to provide for eating and drinking establishments

[34:03] to our residents and to visitors alike. Thank you.

[34:07] Thank you. Is there anyone else? Does the applicant have a presentation? Okay. I will

[34:17] I'm going to close the public hearing,

[34:18] bring it back to the council.

[34:20] Other comments or a motion?

[34:26] Okay, I will open the public hearing again

[34:31] and the applicant has comments.

[34:35] Just real quick, I wanted to say thank you

[34:37] for the opportunity to come before you tonight.

[34:40] I wasn't going to speak, but I do want to address

[34:43] the comment about alcohol

[34:45] and what was said about the previous owners.

[34:50] There's no way that any of that's going to take place on my watch.

[34:53] I mean, I have four kids.

[34:54] My kids all at various times work at Zoom Mars.

[34:57] You know, I think all of you know that we put a tremendous amount of money at my office right there.

[35:01] The intent isn't to, you know, have parties get boosted up.

[35:05] The intent is to open a restaurant that has beer and wine that's oriented towards families.

[35:09] So it's an ancillary part of the offering.

[35:13] You know, I can see if you had like a BYOB situation where no one's monitoring that,

[35:17] how it would get out of control, you know, any property that we own, where we control

[35:21] the alcohol, we have very strict measures. I've never had, you know, knock on wood one

[35:27] incident of any of our properties. You know, this whole use was intended to cater to families

[35:32] and the alcohol piece of it, the beer and wine is very ancillary.

[35:36] I do want to second what Tiana said. You know, Steve and I have talked quite a bit

[35:40] since we came before the Planning Commission. I think one of the big objections was

[35:44] is the wood fire pizza and the perceived smoke

[35:47] that would come from that.

[35:49] So I gave Steve my word that regardless of anything

[35:52] that's voted on, we're not gonna do that use.

[35:55] It is important given our relationship with the Rios

[35:58] that we're good neighbors and that we do something

[36:01] that doesn't impact their quality of life.

[36:04] So thank you for your time

[36:05] and we're here to answer any questions.

[36:07] Are there any questions of the applicant?

[36:10] Council Member Campbell?

[36:12] Yeah, I did have a quick question.

[36:13] And could you explain a little bit about the way that you're going to partition off the

[36:18] area that would be serving alcohol?

[36:21] How will that work?

[36:23] We'll just have a physical barrier.

[36:26] So the line is super arbitrary.

[36:31] So our thought was if you come up the side of the cottage we're going to have to, we're

[36:35] putting in some ramping to make that ADA accessible so there would be an actual gate.

[36:39] there's a gate there now where you can't go, you know, from those two buildings in the building

[36:46] we used to have our trailer into the Hidden House property so we moved that down so you wouldn't

[36:50] be able to take alcohol past the edge of the cottage and then we'd have signage along

[36:56] along River Street that would, you know, the same way we do at the project that,

[37:01] you know, basically prevents anybody from taking alcohol that way.

[37:04] Okay,

[37:07] mayor pro tem.

[37:08] Can you go over, there are some of the constraints

[37:10] where it works, but how these uses work

[37:12] to have an hour standpoint.

[37:14] So, Zoom Mars is morning and afternoon,

[37:17] the pizza place is afternoon and evening,

[37:18] the coffee is morning and afternoon and evening,

[37:21] or how these are working out from a used standpoint.

[37:23] Or sometimes there's going to be pizza with beer

[37:25] when Zoom Mars is closed?

[37:27] Yes, yeah.

[37:30] That was one of the things that was confusing

[37:32] the last go-around is,

[37:34] The zoo closes, I think we close at like four o'clock just because the animals are, you

[37:39] know, tired.

[37:43] The, you know, food, you know, component would stay open, I think we have until eight o'clock.

[37:50] You know, the idea is to have something that's viable.

[37:52] It's probably a, you know, it's a lunchtime and early evening type use.

[37:57] I think Hidden House does close around five o'clock and then it opens at six.

[38:01] So there is kind of a staggered.

[38:04] Zoomar opens at, I think it's like 9 or 10 o'clock.

[38:11] So it would probably be an hour or two before the pizza place would open.

[38:17] You know, the intent with the pizza place, I think the menu is going to change.

[38:21] But it would be, you know, basically providing an offering for people that are at the zoo.

[38:28] they come next door, you know, after, and also with the private parties that we would

[38:33] be able to provide food, you know, for those parties. We'd have some pre-prepared foods,

[38:38] you know, whether they're like, you know, little sandwiches or different things that

[38:42] people could take into the zoo and eat while they're there, kids. But then we also would,

[38:48] you know, look to serve people that aren't necessarily only going to the zoo.

[38:54] Thank you.

[38:58] I will close the public hearing now. Bring it back to Council. Are there comments

[39:04] or a motion?

[39:11] Would anyone like to move the item?

[39:16] I would like to move staff recommendation.

[39:18] Is there a second? I'll second. We have a motion on the floor. City Clerk, could you

[39:24] call roll call vote? Council Member Hart? Yes. Council Member Campbell?

[39:31] Yes.

[39:33] Mayor Patanborn?

[39:34] Yes.

[39:35] Mayor Faries?

[39:35] Yes.

[39:36] That passes unanimously.

[39:38] Well, with one abstention.

[39:40] Yeah, with council member recused.

[39:42] With one council member recused.

[39:47] And Mayor, if I may read the title of the ordinance.

[39:50] Please.

[39:51] This is an ordinance of the City Council, the City of San Juan Capistrano,

[39:55] and made in the Los Rios specific plan through code amendment

[39:58] to allow eating establishments no larger than a 1,000 square feet as accessory uses and in

[40:04] conjunction with the permitted or conditionally permitted use and with beer and wine service

[40:10] with approval of an accessory use permit in the historic commercial district and

[40:15] clarify the boundary line between the historic commercial district and the

[40:20] historic residential district that traverses the property located at 31791

[40:25] 1, Los Rios Street, APN 121, 16017.

[40:30] And finally the said action is categorically exempt from California Environmental Quality Act,

[40:36] per state CEQA guidelines, sections 15311 and 15303.

[40:42] The applicant 31791, Los Rios Street, LLC.

[40:45] Thank you.

[40:46] City Clerk, could you also make sure that Council Member Taylor is back with us?

[40:51] Okay.

[40:52] Moving on to item D2.

[40:57] Item B2, use consideration of the Code Amendment to amend the Kinoshita Farm-Specific Plan.

[41:05] May we please have a staff report?

[41:07] Yes. For the record again, my name is Laura Stokes. I'm one of the city's principal planners.

[41:14] Before you this evening, this consideration of Code Amendment 18-005 to amend the Kinoshita Farm-Specific Plan.

[41:22] McKee Machine is a farm-specific plan is centrally located within the city and it's

[41:27] actually fully encompassed by a city-owned piece of property. The property includes

[41:33] includes a historic residential dwelling called the Cognitive House. The

[41:37] structure is listed on the city's inventory of historical and cultural

[41:41] landmarks and is also or also has a historic water tower on the site.

[41:49] And earlier this year, the council approved of a future skate park and trail on the site.

[41:56] The site is currently occupied by the Ecology Center.

[42:00] They started their interaction with the city back in 2008 when they applied for a conditional

[42:06] use permit to operate educational and cultural programs out of the Cogden House.

[42:12] In 2010, they entered into a five-year license agreement with the City of San

[42:15] for those educational and cultural programs and occupying and continuing to use the Cogden House.

[42:22] In 2016, the Ecology Center went back and did another conditional use permit, expanding their activities,

[42:29] and with that conditional use permit, the city approved of a 20-year license agreement for those activities to continue.

[42:36] In 2018, the adjacent farming operation, the operator there decided that they didn't want to pursue the license agreement

[42:44] that they had with the city any longer and Ecology Center actually stepped up and said

[42:48] that they would be willing to continue farming the site and so they took over the end of

[42:52] that license agreement from the prior operator. In 2022 the city entered into a 20-year license

[42:59] agreement with the Ecology Center for both the Cogden House and the adjacent farming

[43:03] operations so that Ecology Center had both operations and could continue with their

[43:08] cultural education programs as well as farming.

[43:12] Under this specific plan the site

[43:15] and the farming or the site allows for a variety of farming uses and it

[43:20] specifically includes agriculture and horticultural uses. It permits small

[43:25] animal raising and breeding. It allows for one residential dwelling unit which

[43:30] is the Cogden House. Allows for employee in caretakers quarters. Allows for

[43:36] community garden plots. Administrative offices related to the agricultural

[43:40] management and most recently the City Council approved of this public skate

[43:45] park trail and related facilities.

[43:49] The applicant is proposing to make an

[43:52] amendment to this visit plan and the main crux of the reason for the Code

[43:56] Amendment was because we were dealing with so many different governing

[43:59] documents. We had a couple different conditional use permits that had

[44:02] different operational standards. We had the specific plan itself. There was

[44:07] an underlying zoning of agriculture business, and then there was license agreements which

[44:12] also included operational allowances.

[44:15] And so their idea was to combine all the different activities, everything that they did into

[44:20] one single document, and everything else could just go away.

[44:24] Makes it easier for them, makes it easier for staff, makes it easier for any potential

[44:27] future user of the site to understand what can actually occur on the property.

[44:32] 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.

[44:50] So the activities were identified as previously being permitted under these various documents and auxiliary to the farming use itself.

[44:59] I'll see you in the next video.

[44:59] Bye.

[45:01] The applicant also requested a more streamlined process to allow for structures to be built or constructed or implemented on the site.

[45:10] 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,

[45:16] specifically the Cogden House and the Water Tower, it has to go through a site plan review.

[45:22] Sometimes things can be approved by the city's development services director.

[45:26] Other times it has to go before a hearing with the Cultural Heritage Commission or occasionally the Planning Commission.

[45:33] 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.

[45:43] 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,

[45:52] If you have structures of up to 1000 square feet, there's specific structures associated to farming operations.

[46:00] They are more than 50 feet away from the historic structures.

[46:03] In those instances, you only would need a building permit instead of having to go through the more laborious review process with the city.

[46:12] Additionally, the applicant was looking to enhance their existing cafe with live entertainment as well as alcohol service.

[46:20] 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.

[46:31] The Planning Commission reviewed the proposed changes, and they actually did request a change.

[46:37] 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.

[46:48] 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.

[47:03] Finally, they recommend with those additions that the overall code amendment be adopted by the City Council.

[47:09] So overall the conclusive differences to the site would be that the site would have up to six additional evening events.

[47:17] The Ecology Center has several different fundraising events, dinners at nighttime with live entertainment,

[47:23] where they educate folks about the farm to table experience as well as raise funds for further educational and farming activities.

[47:31] The alcohol service would increase from the periodic events to year round onsite at their cafe.

[47:37] The live entertainment would increase from the periodic events to year round onsite at

[47:42] the cafe so long as the noise ordinance established by the city's code is retained and not exceeded.

[47:48] And that we would limit this number of seasonal workers to no more than six onsite.

[47:55] Within your package you'll find that we've received several different correspondence

[47:58] having concerns with some of the uses that are identified within this code amendment.

[48:04] 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.

[48:18] 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.

[48:26] So staff and planning commission was able to make all the necessary findings for

[48:32] the approval of the conditional use permit and we are recommending that the

[48:36] council approve the first reading of an ordinance adopting code amendment 18-005

[48:42] for the Kina sheet of farm specific plan related to the Ecology Center and

[48:46] find that the action is categorically exempt from CEQA. I am open and

[48:50] available for questions and I believe the applicant is in the audience

[48:53] available as well. Council Member Hart? Thank you Mr. Mayor.

[49:01] What is the noise limit? What

[49:04] are the noise limits of the code? So the city has several different noise regulations

[49:10] including adjacent to residential. No noise that's coming from an adjacent site can be

[49:17] over 65 decibel levels after 6, I'm sorry, after 10 p.m. to residents, that goes down

[49:23] to 55 decibels as it gets later, and then finally 40, at no point can you exceed 45

[49:30] decibels.

[49:31] What is it before?

[49:33] There's no limitation before 10 p.m.

[49:37] So they can have the Rolling Stones playing there?

[49:43] I do, I know I misspoke.

[49:45] Look, there's a different table within the noise section that has different standards.

[49:51] One moment.

[49:52] You got it.

[49:53] Laura.

[49:54] Go ahead.

[49:55] You just crushed his dreams.

[49:58] Here.

[49:59] At least got the kinks.

[50:01] Okay.

[50:02] Jill's going to look it up.

[50:03] Okay.

[50:04] No.

[50:06] I do think there's a legitimate concern if we're having, you know,

[50:13] ACGC playing

[50:15] at the Ecology Center, ending at 9.59 p.m. 65 decibels, however, is pretty tame, especially

[50:28] given the setback from residential and the ambient traffic noise, I would think. I'm

[50:37] concerned about the before 10 p.m., I guess.

[50:39] Thank you.

[50:40] Jill will confirm.

[50:41] Thank you.

[50:47] Complicated section.

[50:52] Wouldn't it be true that anything that's considered a nuisance?

[50:57] Like if there is a complaint of nuisance, that would be an issue.

[50:59] In addition to the specific decibel standards in our code, yes.

[51:03] This city or the neighbors could also still bring either public or private nuisance action.

[51:09] Yeah.

[51:09] So it's 65 decibels between 7 a.m. and 7 p.m.

[51:14] And then 55 decibels is the limit between 7 p.m. and 10 p.m.

[51:19] And then 45 decibels between 10 p.m. and 7 a.m.

[51:22] So it's totally off.

[51:28] My blunder is probably exceeding that.

[51:33] Measured at the adjoining property line.

[51:35] So if there was a noise complaint, we would go to the adjoining neighbor,

[51:38] go to their property line and take measurements there.

[51:45] Yeah, thank you.

[51:45] Council Member Campbell.

[51:46] Thank you, Mayor.

[51:49] just so I can get in context, what's 65 decibels? Is that a lot more? Is it 65 decibels? Am I

[51:57] speaking at 65 decibels right now? What is, is there any way you can give me an indication?

[52:04] I think that fan is about 65 decibels. That sucker's got to be more than 65.

[52:09] Again, it depends how close you are to the noise source. Like if you, if you...

[52:13] No, I'm talking from the lot line where you do your measurements. Yeah a car you're going back to the lot line

[52:19] 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

[52:25] When it went by it probably would register over 65 decibels on your noise meter

[52:30] The ambient sound is probably around 50 to 55

[52:35] But with traffic the ambience is probably 60 to 65 if there was

[52:39] music in the middle of the Kaji center depending which way the wind blowing it

[52:45] was blowing and how loud they have it. It could exceed 65 possibly but most likely

[52:49] it wouldn't.

[52:54] I'm on the internet so this is for sure accurate. It says that 75

[53:00] decibels is a vacuum cleaner. 80 decibels is an alarm clock doorbell

[53:05] telephone call. 65 your question is a normal conversation level.

[53:12] So that's

[53:13] pretty tame. So the the intent of combining all of the various rules and

[53:21] regulations we've put into place over the decades is to make it simplify this

[53:27] the plan is that's my general idea.

[53:32] There's there's a statement here is

[53:34] identifying the review process for mute future minor site modifications so I'm

[53:40] Assuming that is the request to go through without review for those small structures within the site, is that correct?

[53:50] Correct.

[53:53] So regarding the temporary housing, is there temporary housing on the site now?

[54:02] There is.

[54:03] Okay, and where is that on the site plan? Where would I find that?

[54:06] It's adjacent to the Cogden House.

[54:09] 50 feet away, I would assume.

[54:10] It's less than 50 feet, but they're temporary structures.

[54:14] They're what's known as YURTS,

[54:16] which are fancy camping gear and tents.

[54:20] It's a fancy cool tent.

[54:22] Yes.

[54:22] Okay.

[54:23] And is it the intention so that at this point though,

[54:26] for that, for those YURTS to remain,

[54:29] that they, so they're appropriate now?

[54:33] I mean, there's no reason to have a mood.

[54:35] They don't have a, they don't require a permit.

[54:37] And so it's for any permanent fixtures or permanent structures that go up would need

[54:43] to abide by the code section.

[54:45] Okay.

[54:46] And that's part of the agribusiness designation or is that part of the, so how are those being

[54:52] approved now?

[54:53] They've been approved under the current specific plan which allows for temporary

[54:57] housing, I'm sorry, temporary seasonal workers.

[55:00] Okay.

[55:01] So those are occupied, how many months of the year?

[55:04] I'm going to let the applicant respond to that question.

[55:06] he gave a very good and detailed response previously to the planning commission.

[55:10] Okay, very good.

[55:14] Is the existing caretaker that's on the site now,

[55:18] is that caretaker residing at the Cognon House, or are they residing at a different location?

[55:24] I believe they are residing at the Cognon House, but again, I'll let the applicant confirm.

[55:28] OK.

[55:39] I'm concerned about allowing of overseeing or overlooking the normal planning process

[55:49] regarding those changes that the property can go through without zoning. The thousand

[55:58] square foot requirement, so the storage containers or anything they build without

[56:04] city approval, is it just 1,000 feet or anything less than 1,000 feet? Is that

[56:10] correct? Any structure less than 1,000 feet. Okay, so it could be any kind of

[56:16] structure? Or does it have to be agribusiness related? It has to be

[56:22] agriculture business related. Okay, so if they were to decide that they wanted

[56:26] to perhaps build a cafe or an additional structure, additional restaurant

[56:31] That would be fall outside of those those parameters. Is that correct? Correct.

[56:46] It's it. Thank you very much

[56:52] Councilmember Taylor, please

[57:10] No, our code does not prohibit amplified sound it just sits at very low decibel level 55 after

[57:20] 10 p.m. 45

[57:33] 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.

[57:41] So maybe in those situations, music may have to be stopped.

[57:52] Yes, that those decibel levels apply citywide and they differ based on types of uses.

[57:59] is what I read to you was from residential.

[58:02] There are different standards for industrial districts.

[58:14] Correct.

[58:19] Thank you.

[58:20] Council Member Campbell.

[58:22] Is it my understanding that the development that's

[58:27] been approved by previous recommendations

[58:31] or previous rules by the council,

[58:33] that that has to be done within the existing footprint?

[58:36] So the existing footprint of the agricultural section

[58:39] of the farm cannot be touched.

[58:42] Any additional structures or maintenance buildings

[58:46] or food processing buildings, that sort of thing,

[58:48] has to be done in the area that doesn't involve

[58:51] the existing farming operation today?

[58:54] Not necessarily.

[58:56] For example, if they wanted to install a greenhouse

[58:58] that took over the exact same square footage of farm area,

[59:02] that's another type of agricultural use

[59:05] would occupy in the same area,

[59:07] so that would not impact the overall square footage

[59:09] that of agrarian or farm use that they currently have,

[59:12] it's just a different format of farming.

[59:14] So they could have some structures go

[59:16] into the existing farm area,

[59:18] but under our regulations,

[59:21] if it's kind of like for like farming for farming,

[59:24] then they could go in without further review from us.

[59:29] But you couldn't put a vegetable processing area

[59:33] into the existing farmland

[59:35] that would have to go into the non-agricultural area

[59:39] Then is that correct so if you'd build a storage head you couldn't put it out in the existing farm area

[59:45] You wouldn't be able to do that without further review

[59:50] Okay, thank you councilmember Hart

[59:55] Mr. Mayor one more question

[1:00:00] Do you understand the limitations on the size of the structure and the nature of the structure?

[1:00:07] How about the numbers of structures? I mean, could you end up with 40, 90, 990 structures?

[1:00:18] We did not add a cap because of the size of the lot, and we just aren't sure as far as

[1:00:24] How many greenhouses might be accommodated on the site?

[1:00:28] How many main structures might need to be brought in or out?

[1:00:32] 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.

[1:00:51] Council Member Campbell?

[1:00:52] Yeah, my last question evolves around the difference between an event and a special event.

[1:00:59] You know, so there's 36, it's my understanding that there's 36 dinner events allowed per year.

[1:01:03] And then six special events. Is that clarification that the applicant would like to make or do you have that clarification?

[1:01:10] I would like him to make it just because it it's nuanced

[1:01:14] You're gonna be busy

[1:01:17] Thank you

[1:01:19] Thank you.

[1:01:22] I will now open the public hearing

[1:01:30] Does the applicant have a presentation to make?

[1:01:39] Thank you for the opportunity

[1:01:42] It's just a little kind of

[1:01:44] share the history here that we've been on for some years.

[1:01:50] I'm excited to be here as we're hopefully kind of take what was a big vision some years ago.

[1:01:56] We sat together, I think that might have been six years ago.

[1:02:00] What's the future of this beautiful property, this historical legacy for the community?

[1:02:05] And we raised our hands and I think I've stepped up to the challenge of really putting the farm

[1:02:10] and the community back together

[1:02:12] and we're very grateful for that

[1:02:14] and the opportunity to serve.

[1:02:16] And so part of the big arc here is that six years ago,

[1:02:20] when we were looking at what this 28 acres wanted to be,

[1:02:23] there were some bigger ideas that came.

[1:02:26] And some of those bigger ideas created new uses

[1:02:29] and new complications.

[1:02:32] While they were kind of a pie in the sky vision,

[1:02:35] the pandemic happened in reality set in

[1:02:37] And so I just want to say that over the last five years of operating the farm our intent

[1:02:43] is to steward the farm to the best of our ability and I believe we're doing that.

[1:02:47] And we're very proud of that.

[1:02:48] But again, at the farm we learned that what we're here to do is serve the community

[1:02:52] through food.

[1:02:54] And so our commitment is actually to preserve as much farm as land as possible.

[1:02:59] So we have the same, if not significantly stronger, criteria around how to steward

[1:03:06] that land and how to keep the agriculture growing.

[1:03:10] We know that there's so much opportunity for bringing agriculture back into this county.

[1:03:15] This is really the first farm in the new generation, and so there's so much demand growing around

[1:03:21] these community-based agriculture, and so we have about 100,000 visitors to our farm

[1:03:26] stand every year, and it's growing.

[1:03:29] And so some of the exercises we're taking, the educational and community-based uses

[1:03:34] that were a part of the 20-year commitment of the Ecology Center as a non-profit organization

[1:03:38] to build a community and cultural hub for children, for young future farmers, for families,

[1:03:43] for adults, for our community, and that's food service, that's farm dinners, that's

[1:03:47] you guys have been a part of all of this, that's all of the educational events, that's

[1:03:50] the strawberry you picked that's kicking off this weekend, some of the events that

[1:03:54] are more specific in that six category may be like a fermentation festival that's

[1:03:58] also this Saturday, so it's just come one, come all, we're expecting 500 visitors

[1:04:02] the farm to celebrate the history and heritage of San Juan Capistrano by learning some basic

[1:04:06] culture and craft.

[1:04:09] And so this was really about sewing together these educational elements with an agricultural

[1:04:15] element.

[1:04:16] There are two separate agreements and so this is really just saying we actually are not

[1:04:20] taking on these big aspirational plans that we had six years ago of farm stays and

[1:04:26] community gardens and various other kind of bigger ideas and said they're

[1:04:32] getting back to the brass tacks of growing food and feeding the people and

[1:04:35] so this is really just kind of cleaning up some of the documentation allowing us

[1:04:38] to operate our business and serve the community in a way that I think is

[1:04:43] beneficial for all of us so maybe speaking to some of the specifics

[1:04:46] around questions you're talking about structures right these temporary

[1:04:51] structure so we have farm apprentices so we are excited to really put the culture back in the

[1:04:59] agriculture and that starts with young people and so we train four farm apprentices right now

[1:05:03] and so we just kind of in general kind of kept this wider range of maybe there's an opportunity

[1:05:08] for six farm apprentices when the funding is available that's philanthropy driven so

[1:05:13] as the donors come in and we can train more farmers more is more and that benefits all

[1:05:19] of our visions and missions so maybe there's a housing opportunity and that's

[1:05:22] what was that kind of those temporary seasonal houses. Our caretaker on the

[1:05:27] farmer's name is Mario. Mario has been farming that land for over 30 years and

[1:05:31] he doesn't live in the Cogden house. He lives in a small cottage adjacent to the

[1:05:35] Cogden house so it's pretty it's landscape such that you may not

[1:05:40] see it. It's a small little cottage. Some of the other questions that you

[1:05:45] asked about were some farm dinners.

[1:05:47] So farm dinners for us are, many of these ideas

[1:05:51] are somewhere between the ecology and the economy.

[1:05:54] We had to look at how do we create this enterprise.

[1:05:58] We're proud to employ over 75 employees

[1:06:01] and have hundreds of volunteers.

[1:06:03] And so farm dinners are not just a way to generate revenue,

[1:06:05] but for us it's more important for us to actually mentor

[1:06:09] the chefs in Southern California to come back

[1:06:11] to the source.

[1:06:12] And so those dinners are an educational function for us.

[1:06:15] They operate off most Fridays, and they are very special.

[1:06:19] It really is one of the core elements of San Juan Capistrano.

[1:06:23] I honestly say that, and that happens every day and every week.

[1:06:26] So those are those.

[1:06:27] Whereas the six festivals are the bigger expressions

[1:06:30] like an Earth Day or something

[1:06:33] that's like a big community event that's ultimately

[1:06:36] what the distinction is that we take street parking

[1:06:39] versus our parking lot accommodations.

[1:06:41] Those are old historical context from when the ecology center was one acre and we would

[1:06:49] put on these big seasonal things every quarter and we'd have 2,000 community members come

[1:06:54] out and engage and roll up their sleeves and have a good day on the farm.

[1:06:58] That's a little bit where there's a distinction between these six events, that's somewhere

[1:07:02] about 10 years old in the history as you saw with the conditional use permit.

[1:07:06] So I'm happy to answer all the questions we're here to serve.

[1:07:12] 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,

[1:07:19] which is a farm, you know, an educational program for children, a farm stand, a cafe, and we can go far with that.

[1:07:26] Council Member Campbell, do you have questions of the applicant?

[1:07:30] Yes.

[1:07:32] So if you're looking at 36 events plus 6 special events, does that mean the farm dinners are 3 times a month?

[1:07:43] Well, seasonally they're 4 times a month, so when we're on season they're every Friday.

[1:07:49] And then during the winter, you turn them off.

[1:07:53] Last year, how many farm dinners did you have?

[1:07:56] I think we probably did about 30, 35, yeah.

[1:07:58] And your typical attendance to those farm dinners?

[1:08:02] Typical attendance is about 80.

[1:08:04] 80?

[1:08:05] Yeah, so we're, and again, we like you believe that San Juan has a lot to offer,

[1:08:10] and so we are proud to bring local residents together with folks that come from around the county and beyond

[1:08:15] to come and get a taste of San Juan.

[1:08:17] And so we use those dinners as a tool to lure people into this special space.

[1:08:23] Yeah.

[1:08:24] So the year that you're using now is that your intent is to keep those temporary facilities in that way,

[1:08:33] or do you have any plans to permanently build more permanent housing on the site?

[1:08:39] We don't have plans at this point to build permanent housing.

[1:08:42] It's really just housing some temporary apprentices and seasonal educational programs.

[1:08:47] Is it just because that's like cooler?

[1:08:49] It's cooler and more cost effective.

[1:08:52] How do you accommodate facilities for those yurts like showers and bathrooms and that

[1:08:59] sort of stuff?

[1:09:00] So we have a central facility for our restroom facilities and so we have an outdoor shower

[1:09:07] that would be built with the yurt that would be enclosed and so the restrooms are centralized

[1:09:13] and the shower is decentralized.

[1:09:16] These would all be, again, nothing of this is going on to the farm, you know, where we

[1:09:21] can't grow enough food for the demand and that's why we're having conversations around

[1:09:24] where do we take, where can we move the agriculture forward, both in this town and beyond this

[1:09:32] town, which is that there's a resurgence of how do we reconnect to the land and how

[1:09:38] do we nourish our families with healthy food.

[1:09:40] And so we're looking for more farming, not less farmland.

[1:09:45] Thank you.

[1:09:46] Yeah.

[1:09:52] If I may, Evan, you mentioned the pandemic

[1:09:56] and how that affected you and the grand vision you had

[1:10:00] when you came here.

[1:10:01] I think the last time I was mayor and I think

[1:10:07] through those years, I think you kind of adjusted.

[1:10:11] I mean, there were plans for several buildings

[1:10:13] on the property.

[1:10:14] I think. Talk to us about how the pandemic affected you and kind of change your plans.

[1:10:24] Yeah. I mean just practically speaking, building a deep relationship with our community. As

[1:10:32] you remember, I mean we were here to serve the local farm community so those that didn't

[1:10:37] have access to community, we centralized all of the local organic production and we donated

[1:10:41] about 100,000 pounds of organic produce to our community here in San Juan, and of course

[1:10:46] sold a lot more than that out the back door as well.

[1:10:49] But part of that journey was that we're here to serve their food and not necessarily go

[1:10:54] fundraise, you know, $10 million buildings and culinary centers.

[1:10:58] So the vision was up here because we have the ability to do that as creative entrepreneurs,

[1:11:03] but at the reality was we think that we can have a meaningful difference without

[1:11:10] this insatiable need of it being bigger and better and so that was kind of a

[1:11:13] little bit of that arc I guess specifically where we were in conversations

[1:11:16] with some of our heroes to build a culinary center and none of those

[1:11:21] programmatic elements have changed but the the physical structure has that

[1:11:25] was going to be a big three four thousand square foot structure that was

[1:11:28] going to be take up you know it was going to be a big presence and have a

[1:11:32] big process and that's where we were in conversation and I believe it's in

[1:11:37] our best interest as a community,

[1:11:39] to bring people through food in lighter ways

[1:11:42] rather than heavier denser ways like structures.

[1:11:44] And so that's where the farm dinners,

[1:11:45] the cooking classes, the field trips,

[1:11:48] the cafe really become the substance

[1:11:50] that executes our vision.

[1:11:52] And so that's a little bit of the evolution for us

[1:11:55] which wasn't, let's keep doing the work

[1:11:58] rather than let's go figure out how to raise

[1:12:00] an insatiable amount of money

[1:12:01] and figure out how to build big buildings

[1:12:02] and occupy them.

[1:12:03] So if that makes sense to you,

[1:12:05] how my personal relationship has changed over the last five

[1:12:08] years from a dirt lot and a vision,

[1:12:11] what could be to actually being the farmer and running it,

[1:12:14] which is like, yeah, this is actually happening

[1:12:16] and it's working, let's just do this.

[1:12:19] So let's just keep learning how to serve better

[1:12:21] and utilize the resources we have,

[1:12:24] which are these structures we've learned also

[1:12:26] through the process of building this beautiful cafe,

[1:12:29] which you experienced this week,

[1:12:30] called Campesina, where we grow every ingredient

[1:12:32] And it's really special.

[1:12:35] That doesn't exist anywhere else in anywhere.

[1:12:38] I mean, this is happening in San Juan.

[1:12:40] And it's humble.

[1:12:41] We're not on the bandstand yet.

[1:12:43] But people are coming to these ideas.

[1:12:45] And they're going to, they're eating the tacos that came

[1:12:48] from the San Juan blue, which is a really special blue corn

[1:12:51] that we're bringing the heritage back.

[1:12:53] And teaching the children all of these things.

[1:12:56] And that can happen through the cafe in meaningful ways.

[1:13:00] And so the cafe was a very expensive project for us, right?

[1:13:03] We originally thought that was a small little concession,

[1:13:05] but as you know, you guys are all in the real world.

[1:13:08] Building things, even with existing buildings,

[1:13:10] and that's why it's in the back of the farms,

[1:13:12] and it was still a million-dollar project, right?

[1:13:14] Getting the sewer and the restrooms

[1:13:15] and all of these infrastructure improvements

[1:13:17] to the property of the cities.

[1:13:21] And so it was kind of like,

[1:13:22] well, let's not think that this just needs to be more and more.

[1:13:26] Let's use these really important buildings.

[1:13:28] 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.

[1:13:37] So, yeah, that's where our heads at.

[1:13:40] Thank you.

[1:13:41] Thank you for the opportunity to share.

[1:13:43] Happy to answer any other questions.

[1:13:45] Council Member Taylor, go ahead.

[1:13:51] Hey, John.

[1:13:52] Hey, John. How you doing, brother?

[1:14:16] I don't see any concerns.

[1:14:22] I'm more concerned with the old neighbors, honestly, and those are the young families

[1:14:26] are moving into the neighborhoods to the south, which are at the farm every single day.

[1:14:33] And those are the closest ones, you know, the newer development is way across the farm

[1:14:38] and those people are, they have a grand slam deal.

[1:14:41] I mean, they just, they struck gold and they didn't even know it and they get to

[1:14:45] walk across this new trail and eat in the cafe and and they're in heaven I mean

[1:14:50] this is one of the greatest places in the world I mean for them to

[1:14:55] live right there and they just stumble into it I think they're in a good place

[1:14:58] yeah I think they're the other

[1:15:00] Yeah, I don't like to use that word.

[1:15:05] Yeah, no, I feel very confident that we're going to be adding a lot. This is only positive for the community.

[1:15:14] 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?

[1:15:25] I mean, we've been in this for 15 years now, which is just building a relationship with

[1:15:32] everyone, with our adjacent community, and I think we authentically do that.

[1:15:39] And I think the neighbors, you know, like people are participating, and it's really

[1:15:46] cool.

[1:15:46] You've been to the farm, and you see it's buzzing, and there's young families, and

[1:15:49] And people are buying their provisions there and it's really become something and it's

[1:15:55] because of you guys.

[1:15:56] You guys believed in us a long time ago, some of you guys, but mostly just say the last

[1:16:00] five years, which was like, let's give this a go and it's turned into something special.

[1:16:04] So I think those neighbors are really enjoying it.

[1:16:08] Sorry, thank you guys.

[1:16:10] Thank you.

[1:16:11] Thank you.

[1:16:12] City Clerk, do we have any requests to speak for us?

[1:16:14] No, Mr. Mayor.

[1:16:17] Is there anyone here that would like to address the City Council on this item?

[1:16:23] See none.

[1:16:25] I will close the public hearing.

[1:16:28] Are there comments or a motion?

[1:16:36] Council Member Hart.

[1:16:39] Okay, we have someone that moved.

[1:16:42] Second. Council Member Taylor moved.

[1:16:44] Second by Council Member Campbell.

[1:16:46] Is there a comment?

[1:16:48] Council Member Hart.

[1:16:49] Mr. Mayor, thank you.

[1:16:50] I just like to acknowledge the tremendous work that Mr. Marks and the entire staff at the

[1:16:59] Ecology Center does there.

[1:17:03] We go through lives in San Juan Capistrano and we all get caught up in our day-to-day

[1:17:15] lives and we forget to look around and what a tremendous community we have and

[1:17:22] and the people who who comprise the fabric of our community and and who

[1:17:28] make it that way and and Evan you're truly a jewel in this community and I

[1:17:33] just like to thank you for for everything that you've brought to our to

[1:17:39] San Juan Capistrano and I guess a day like today when we say goodbye to another

[1:17:49] treasured person, it's time to acknowledge others who remain. I look

[1:17:56] forward to supporting this.

[1:18:03] Okay any other comments before we take a roll call

[1:18:08] Yeah, I as well am very excited about the changes that are going on.

[1:18:15] I'm glad to hear that the staff has thought so thoroughly through the process, and I'm

[1:18:23] also happy that Mr. Marx is sort of our caretaker, this historical treasure in our community.

[1:18:33] I think the additions that are made in reference to the food service has been done in a very

[1:18:41] tasteful way.

[1:18:43] It is not overly commercialized, the site.

[1:18:49] I'm glad to hear that the temporary housing is not a year-round event, and I'm happy

[1:18:56] to hear that there's facilities there for that staff.

[1:19:00] And I'm excited to see what the future brings.

[1:19:03] I'm looking forward to watching the Ecology Center grow and prosper even more.

[1:19:08] I'll certainly be supporting this.

[1:19:11] Any other comments?

[1:19:14] Well, I have a few comments before we take the vote.

[1:19:19] I was able to actually go to the new cafe, Campesino Cafe,

[1:19:28] and it was actually very reasonably priced.

[1:19:31] I think compared especially now to, I think, even fast food joints and, you know, I think

[1:19:38] not every event at the Ecology Center is for me, just like not every event at the Riding

[1:19:43] Park is for me, you know, I think though each space has its, you know, it attracts

[1:19:54] different elements in our community and we're diverse, I think that's really important

[1:19:59] the Ecology Center, you know, I've been a few programs.

[1:20:03] I did, I think, a screen printing with natural dyes

[1:20:08] at the Ecology Center with my daughter.

[1:20:11] It was very interesting, very educational.

[1:20:13] She would love the fermentation fest, except he canceled it

[1:20:17] when she didn't have her art class.

[1:20:19] So now she won't be able to go.

[1:20:21] I didn't tell her about it.

[1:20:23] But, you know, these events are important for a large segment

[1:20:28] I've met people that are there that are driving in from Newport Beach from other parts of Orange County.

[1:20:33] It really is a treasure, but especially during the pandemic.

[1:20:38] Thinking about having that farm in our town when getting food was wasn't easy for a lot of people.

[1:20:48] It was kind of something that we all said we need more of this.

[1:20:54] to have food sources near us.

[1:20:57] I think that probably got a lot of people thinking at the time

[1:21:00] and definitely affected the way that you're operating.

[1:21:04] And I think your vision, I look forward to supporting it.

[1:21:09] And the masa that you do sell in the store is fantastic though.

[1:21:13] I know you don't produce it, but if anyone wants

[1:21:16] a great tortilla, go over there.

[1:21:18] By the masa they sell, you will have the best tortillas.

[1:21:21] You don't know what a tortilla tastes like

[1:21:22] until you buy and make your own tortillas.

[1:21:27] May we please have the roll call vote.

[1:21:30] Council Member Hart?

[1:21:31] Yes.

[1:21:32] Council Member Campbell?

[1:21:34] Yes.

[1:21:35] Mayor Patenborn?

[1:21:37] Yes.

[1:21:37] Mayor Ferries?

[1:21:38] Yes.

[1:21:39] And Council Member Taylor?

[1:21:41] Yes.

[1:21:44] That passes unanimously.

[1:21:46] Mr. Mayor, can I read the title of this ordinance?

[1:21:48] Yes, please.

[1:21:49] And this is an ordinance of the city

[1:21:51] of San Juan Capistrano, California,

[1:21:52] I'm in the Kinosheeda Farm Specific Plan 8501 through Code Amendment 18-005 to clarify that

[1:22:01] all the current farm operations activities and structures associated with the Ecology

[1:22:06] Center are permitted for proper located at 32701 Alipaz Street, APN 121-19057 and a

[1:22:15] finding that state action is categorically exempt from the California Environmental

[1:22:20] Quality Act pursuant to state CEQA guidelines, sections 153.01 and 153.03, Applicant Ecology Center, Andrew Sieger.

[1:22:30] Thank you.

[1:22:31] Thank you.

[1:22:32] We will now be moving on to item D3.

[1:22:38] I'll let-

[1:22:39] Item D3 is a purchase and sale agreement for the mission trust property.

[1:22:43] Thank you.

[1:22:44] May we please have the staff report?

[1:22:46] Yes, thank you, Mayor Matisse Reichel, Assistant City Manager.

[1:22:48] On February 20th, 2024, the City Council adopted a resolution of intention to

[1:22:54] abandon and sell an approximately 6.78 acre portion of city on Parkland,

[1:22:59] located on Kaya Royale currently operated as the Mission Trails Equestrian Stables.

[1:23:06] The resolution declared the city's intention to sell that property to the Paul J. Valenzuela Trust,

[1:23:12] represented by Mr. Paul Valenzuela, who operates Mission Trails.

[1:23:15] The City and Mr. Valenzuela have reached agreement on all terms of the purchase,

[1:23:21] though additional time is needed to finalize the actual purchase document.

[1:23:25] And staff recommends the City Council continue the public hearing to May 7th, 2024. Thank you.

[1:23:31] Thank you. Are there questions of staff?

[1:23:36] Okay.

[1:23:39] I will now open the public hearing.

[1:23:43] Is there any request to speak for us?

[1:23:45] Is there any member of the public that would like to address the City Council on this item?

[1:23:58] 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.

[1:24:11] Is there anyone else. Okay. Well,

[1:24:18] I did sit in that.

[1:24:19] Yeah, just leave it open.

[1:24:20] The public hearing is now open.

[1:24:22] There was it was to be open to May 7th.

[1:24:24] Yes.

[1:24:24] Oh, until May 7th. Okay.

[1:24:26] I

[1:24:30] never closed it and then so then we just move on right I'd recommend that you

[1:24:35] take a vote to continue the item and okay hearing so we'll take a roll call

[1:24:42] vote to continue the item to Mr. Mayor move to continue the item okay second

[1:24:50] we have a motion on floor maybe we please take a roll call vote

[1:24:54] Council Member Hart?

[1:24:56] Yes.

[1:24:57] Council Member Campbell?

[1:24:58] Yes.

[1:24:59] Mayor Burton-Born?

[1:25:00] Yes.

[1:25:01] Mayor Ferries?

[1:25:02] Yes.

[1:25:02] And Council Member Taylor?

[1:25:04] Yes.

[1:25:10] That's unanimous, moving on to the consent calendar.

[1:25:14] Items listed on the consent calendar are considered routine and will be enacted by one motion and one vote.

[1:25:21] There will be no separate discussions on these items.

[1:25:26] Is there any request to remove a consent calendar item from the public, from council members?

[1:25:33] Does anyone need to recuse from an item?

[1:25:37] Yes, Mayor.

[1:25:39] Council Member Taylor.

[1:25:41] I need to recuse from item seven because of the proximity to my residence.

[1:25:47] Thank you.

[1:25:51] Anyone else?

[1:25:53] Okay.

[1:25:54] Mr. Mayor, I move for consent gallon items.

[1:26:00] Is there a second?

[1:26:02] We have a second.

[1:26:04] Okay, we'll take a roll call vote.

[1:26:07] Mayor Pro Tem.

[1:26:11] Council Member Hart.

[1:26:13] Yes.

[1:26:14] Council Member Campbell.

[1:26:15] Yes.

[1:26:16] Mayor Burton-Born.

[1:26:17] Yes.

[1:26:17] And Mayor Ferries.

[1:26:19] Yes.

[1:26:19] And Council Member Taylor.

[1:26:21] Excluding item seven.

[1:26:23] Thank you.

[1:26:27] Moving on to item F1A,

[1:26:35] and that passed unanimously.

[1:26:45] Item F1A is adoption of an interim ordinance prohibiting new commercial battery energy storage systems.

[1:26:52] May we please have a staff report?

[1:26:56] Yes. Just give me one second to get situated.

[1:27:04] Okay. Good evening, Mr. Mayor.

[1:27:05] Remember the City Council for the record.

[1:27:07] My name is Paul Garcia.

[1:27:08] I'm a principal planner with the City's Development Services Department,

[1:27:11] and I'll be providing the staff presentation for item F1A.

[1:27:14] 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.

[1:27:31] Now the Saddleback Church property comprised of 161 acres approximately currently has a zoning designation of Planned Community TBD.

[1:27:41] A little bit of information as far as what a battery energy storage system does.

[1:27:46] Simply stated, it collects energy from the grid, it stores it, and then it discharges

[1:27:51] it to provide electricity, typically at times of high demand.

[1:27:56] Now, currently the city's land use code does not contain standards, regulation, or criteria

[1:28:00] specifically addressing this type of use.

[1:28:04] So as a result, the potential for new battery energy storage systems facilities

[1:28:09] within the city and specifically at the Saddleback Church property without adequate land use policies

[1:28:14] and standards in place to protect the public safety and prevent potentially catastrophic

[1:28:19] impacts to both the city and nearby communities presents an immediate threat to the public safety

[1:28:25] and welfare. A little bit of background for you in December of 2021 an application was received

[1:28:33] to establish a battery energy storage system on an undeveloped portion of the Saddleback

[1:28:38] church property, which as I indicated in the previous slide has a zoning designation of

[1:28:42] plant community TBD.

[1:28:45] Now the importance of that TBD designation, what that means is that that property, unlike

[1:28:51] other plant community zone districts, does not have a comprehensive development plan

[1:28:54] adopted that governs it.

[1:28:57] Rather, it's subject to the allowable uses that are listed within the interim uses

[1:29:01] table for the plant community district.

[1:29:03] and those uses that were previously approved

[1:29:06] when it was under the county's purview

[1:29:09] and prior to the city annexing that piece of property

[1:29:11] into the city.

[1:29:14] So because the current zoning regulations

[1:29:16] did not contain specific criteria

[1:29:18] for these type of facilities,

[1:29:20] the city did make an unlisted use determination

[1:29:23] in April of 2022,

[1:29:25] specifically the development services director determined

[1:29:28] that the facility can not be accommodated

[1:29:30] by an unlisted use determination

[1:29:32] because the findings required by the municipal code

[1:29:34] cannot be met. So as a result of that determination, a rezone would be required and that rezone

[1:29:41] would create a comprehensive development plan to govern the property, which among other

[1:29:45] things would have established a battery energy storage system use as a conditional use within

[1:29:50] that district. In September of 2022, the Saddleback Church property owner did submit

[1:29:58] a request for the City Council

[1:30:00] Council to initiate the regional study, which would have established that comprehensive development

[1:30:04] plan. And subsequently in November of 2022, the city council denied the initiation request

[1:30:10] to initiate that regional study.

[1:30:15] Moving along to January of 2023, the applicant and forum

[1:30:19] city staff at that time of its intention to pursue a state process for going the city

[1:30:24] review process, specifically state approval via the California energy commission, which

[1:30:30] which was allowed under fairly recent legislation at that time.

[1:30:35] Most recently in February of 2024, the applicant formally withdrew its city entitlement applications.

[1:30:42] Additionally, over the past several months, city staff and the mayoral subcommittee, consisting

[1:30:47] of Mayor Pro Tem Bourne and Council Member Campbell, have met with the applicant and

[1:30:52] representatives of the Saddleback Church to gain a better understanding of the project

[1:30:56] and to discuss potential impacts to not only the city of San Joaquin, but nearby communities as well.

[1:31:03] I'd like to provide a little bit of background as to our understanding of this state's opt-in process,

[1:31:09] which was established via AB205.

[1:31:13] AB205 authorizes the California Energy Commission, or the CEC, to permit renewable energy projects,

[1:31:20] and that includes energy storage systems.

[1:31:23] There is a built-in language that allows for local jurisdiction participation in the state process.

[1:31:32] And that includes a pre-filing meeting that is held with the CEC, the local jurisdiction, and the applicant.

[1:31:38] And that pre-filing meeting occurred in February of 2023.

[1:31:41] Also included is notification within five days of the application submittal to the city,

[1:31:47] or rather to the state, the city is notified, which provides the city with an opportunity

[1:31:51] to comment on the project.

[1:31:55] The process calls for the CEC to complete the review and processing of the submittal within

[1:32:00] 270 days of the CEC deeming that application complete.

[1:32:06] Within that 270 day period, they would also conduct the environmental review that's required

[1:32:11] under the California Environmental Quality Act, which in this instance would require

[1:32:15] the preparation of an environmental impact report.

[1:32:20] It also requires that public meetings be held within close proximity of the project site

[1:32:25] and those public meetings would include a public informational meeting no sooner than

[1:32:29] 10 days and no later than 30 days after the application has been deemed complete by the

[1:32:34] CEC.

[1:32:35] It also includes a scoping meeting for the project EIR and also a public workshop

[1:32:41] no later than 60 days after the notice of availability related to the project EIR

[1:32:46] is posted.

[1:32:49] Also requires that there be a community and economic benefit at the

[1:32:52] local level and also the CDC is required to make an overriding

[1:32:57] consideration finding if the project is found to be inconsistent with the local

[1:33:01] zoning or general plan.

[1:33:05] Public safety concerns with this type of use so as

[1:33:08] indicated there's currently no regulations or criteria for this type of

[1:33:11] use within the city's municipal code as it is a new land use within the

[1:33:16] As a result, all risks, conflict, and synergies with existing uses are uncertain.

[1:33:23] However, we do know of the primary known risks associated with this type of use, and that being fire.

[1:33:28] And related impacts associated with fighting the fire, such as the potential for water runoff.

[1:33:33] For example, in the instance of the Saddleback Church property, water runoff could potentially impact the adjacent creek.

[1:33:40] There's associated impacts with air quality for a fire and also the potential for explosion.

[1:33:46] So the next steps that the council takes this action. The interim ordinance will be effective immediately for a 45-day period.

[1:33:55] 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

[1:34:08] 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.

[1:34:18] We do anticipate returning to the City Council in May to extend for an additional 10 months and 15 days.

[1:34:27] 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

[1:34:35] and finding that said action is exempt from the California Environmental Quality Act.

[1:34:40] 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.

[1:34:48] At this time, I'd like to ask the city attorney to outline what those changes are.

[1:34:52] Yes, Honorable Mayor and members of the city council. The city council did receive a couple of comment letters regarding this item.

[1:34:58] And one of the items suggested that the definition of commercial BESS facility could be improved

[1:35:06] So my recommendation should the City Council wish to adopt this urgency item tonight would be to add some language to

[1:35:13] Section three of the ordinance. That's kind of the operative section of this

[1:35:19] Ordinance and the language would read as follows as used in this ordinance the term commercial means the use of a

[1:35:26] be at the SS facility to provide electricity to third parties for consideration and then

[1:35:32] within that section three there are three references to be SS facility modify those with the word

[1:35:40] commercial in front of those three references. I can provide this language to the city clerk

[1:35:44] so that she has it for the record.

[1:35:48] Thank you and with that that does conclude the

[1:35:51] staff presentation. Other questions of staff seeing

[1:35:59] none.

[1:35:59] No, actually, Mr. Mayor, just one question.

[1:36:01] Council Member Hart?

[1:36:02] Yes.

[1:36:03] Thank you, Mr. Mayor.

[1:36:04] I just wanted to ensure I understand that this first 45-day period is just to study the effects.

[1:36:13] We're not making any judgment on any effects.

[1:36:17] This is a 45-day study period.

[1:36:20] Is that correct?

[1:36:22] Yes.

[1:36:23] So it's just an initial 45-day period.

[1:36:25] we do expect to extend it for an additional 10 months and 15 days.

[1:36:29] So basically throughout the effective period of this ordinance prohibiting the use of staff

[1:36:34] would be studying the potential impacts and possibility to incorporate regulations within

[1:36:40] the city's zoning regulations in general plan.

[1:36:42] So the other 10 months and 15 days would also be for study as well?

[1:36:46] Correct.

[1:36:47] I see.

[1:36:48] Okay.

[1:36:48] Thank you.

[1:36:51] Are there any other questions of staff?

[1:36:54] Do we have any requests to speak for us, City Clerk?

[1:36:58] Yes, Mr. Mayor.

[1:37:01] Paul McMillan, followed by Dana Butler,

[1:37:05] Moberg, Sarah Mehta, and we have one person that I'll be calling after these three speakers on the phone.

[1:37:13] Okay, welcome.

[1:37:15] Thank you.

[1:37:16] Honorable Mayor, Council members and staff, my name is Paul McMillan.

[1:37:19] I reside at 201 V LaCoumbre in Greenbrain, California.

[1:37:24] I am the development director for NG North America,

[1:37:27] and I'd like to note that we also did submit written comments in addition to my oral comments.

[1:37:33] NG is in the business of developing and operating clean energy projects

[1:37:37] that contribute to the transformation of the electrical grid for low carbon future.

[1:37:42] Our modern lifestyle is entirely dependent on electricity.

[1:37:45] We rely on it for our computers, our communications, our entertainment,

[1:37:49] industry, business and our homes run on electricity and increasingly our transportation does too.

[1:37:54] Our demand for electricity increases every year.

[1:37:57] New supply must be developed to keep up and avoid blackouts, brownouts and flex alerts.

[1:38:03] So where will the new supply come from if we're to meet California's clean energy targets?

[1:38:08] The good news is that solar and wind are now the lowest cost forms of new electricity generation.

[1:38:15] But the sun doesn't always shine and the wind doesn't always blow.

[1:38:19] Enter battery storage.

[1:38:21] Commercial grade battery storage technology has become very safe and reliable,

[1:38:25] and the cost has come down significantly with scale.

[1:38:29] We now have a highly effective and affordable complement to solar and wind generation

[1:38:35] able to store electricity when those resources are generating

[1:38:38] and discharged during peak demand hours.

[1:38:42] Why is our project proposed for this location?

[1:38:46] San Juan Capistrano is bisected by a major infrastructure corridor.

[1:38:51] Fourteen lanes of I-5 freeway run through it, along with Rancho Viejo Road,

[1:38:55] Camino Capistrano, and two railroad lines.

[1:38:58] In addition, SD and GD's Turbuco Capistrano transmission line

[1:39:03] runs along these railroad lines.

[1:39:05] It is immediately adjacent to the project site,

[1:39:08] which is previously disturbed parcel zone for planning community development including institutional uses.

[1:39:15] This transmission line uniquely has the capacity for the project to deliver 100% of its power to the grid

[1:39:24] helping California meet its clean energy goals and providing stability and reliability to the grid in the local area.

[1:39:30] The Compass project is not up for approval by the city.

[1:39:33] There is no imminent threat or urgency regarding this matter.

[1:39:38] This project will be studied at length and in great detail by the California Energy Commission.

[1:39:43] The full application will be submitted soon for all to see.

[1:39:47] The process will be public and transparent and is likely to take at least a year to complete.

[1:39:53] We encourage the city and all interested parties to review the CEC application materials.

[1:39:58] You'll be able to find it at energy.ca.gov under the project name Compass.

[1:40:04] We respect the city's prerogative to pass this interim ordinance, however we believe

[1:40:09] a better approach will be to fully participate in the CEC process, which will include local

[1:40:15] engagement and community hearings.

[1:40:18] We also welcome the opportunity to work directly with the city during this process

[1:40:21] by, for example, providing educational workshops for the public, including third-party experts.

[1:40:28] We also welcome directly engagement with ENGIE.

[1:40:31] You can contact me personally.

[1:40:32] Thank you.

[1:40:33] Thank you.

[1:40:34] Next speaker, please.

[1:40:45] Hello.

[1:40:46] I'm Dana Butler-Moberg.

[1:40:47] I'm the CEO at the Shea Center.

[1:40:49] And thank you so much for having us speak tonight.

[1:40:53] The Shea Center is at 26284 Osso Road, San Juan Capistrano.

[1:40:59] You know, I really do recognize coming from an environmental background that we really

[1:41:04] do need more energy sources.

[1:41:07] But just, you know, anything that we can do to really look at the safety of these facilities

[1:41:13] is really going to be carefully, need to be carefully administered.

[1:41:19] Because in that area surrounding where this site is proposed, I just thought I would

[1:41:24] to bring into your view the number of vulnerable communities that exist surrounding the site.

[1:41:32] So the Shea Center serves more than 1,500 people with disabilities.

[1:41:36] Our youngest client is two. Our oldest is 80 at the moment. It was 95.

[1:41:42] We have two schools. We have Fairmont schools. We have J. Sarah.

[1:41:46] So we have a number of youth. We have a wonderful project that houses people who need affordable housing.

[1:41:51] We have another project just down the street that serves people who are needing memory care.

[1:41:59] Just above the hill we have another community that's Laguna Niguel, Laguna Hills.

[1:42:03] So we are surrounded by vulnerable communities where this is proposed.

[1:42:11] The other thing that really concerns me, we just trained 146 firefighters last week

[1:42:16] in how to do horse handling for large animal rescues.

[1:42:20] And in talking with firefighters about the nature of lithium fires, they are our first responders,

[1:42:26] our front line, and they are at dire risk should they be exposed to the gases.

[1:42:32] Those gases that come out of a lithium fire include hydrogen cyanide, carbon monoxide, sulfur dioxide,

[1:42:39] methane, and other really devastating injuries that can come from those fumes.

[1:42:45] So this is a highly populated area and normally a lot of these places, these

[1:42:50] battery farms are in areas that are not as highly populated. So thank you for

[1:42:56] your consideration for looking at how can we really move forward carefully to

[1:43:01] protect the environment, to protect public safety. And we appreciate it.

[1:43:05] Thank you so much. Oh, and the risk of fire, by the way, huge fire zone up

[1:43:09] there. Lots of open space, lots of dry grass, we had lots of rain. So thank

[1:43:13] Thank you very much.

[1:43:14] Thank you.

[1:43:15] Next speaker, please.

[1:43:22] Good evening, City Council members.

[1:43:24] My name is Sarah Alameda.

[1:43:26] I'm a volunteer member of Saddleback Church, as well as an energy sustainability and infrastructure

[1:43:30] consultant for federal government agencies.

[1:43:34] I'm here as a party with a vested interest in this ordinance to prevent BESS facilities

[1:43:39] from being built within city limits, particularly for the purposes of halting the current

[1:43:44] proposal of NGSB ESS facility on the Saddleback Church San Juan Capistrano property site.

[1:43:51] As it currently stands, the project proposal would cause the relocation of one of our major

[1:43:55] ministries called the Peace Farm that provides naturally grown produce to our local community

[1:44:00] at no cost. Furthermore, the project would pose some environmental and wildlife impacts

[1:44:05] to the local communities of both San Juan Capistrano and the neighboring community

[1:44:10] of Laguna Niguel.

[1:44:11] I noticed that several entities have submitted their disagreement with the current interim

[1:44:17] ordinance to prevent these types of facilities being built, particularly the California Energy

[1:44:23] Storage Alliance made it a statement saying that these projects have been extremely reliable

[1:44:29] with few safety incidents.

[1:44:31] I can tell you that that is a false statement as an energy consultant.

[1:44:36] In fact, there have been 81 BESS fire incidents since inception in 2011, with 15 of those incidents

[1:44:45] occurring in 2023 alone.

[1:44:48] These failure events are very closely tracked and they are recorded in official database

[1:44:53] by the Electric Power Research Institute, also known as EPRI, which is a database that

[1:44:58] at every major BESS com.

[1:45:02] Some of the most recent fire events have occurred in states, including New York, Pennsylvania,

[1:45:08] California, and Idaho, from fully professional BESS companies, including Powin Energy, LG,

[1:45:15] and Tesla. Myself, as well as several other volunteers and community members of the neighboring

[1:45:20] city of Laguna-Nagel, attended a meeting between NG and the Laguna-Nagel Homeowners Association

[1:45:26] two weeks ago.

[1:45:28] After this meeting, the HOA committee left with high concerns

[1:45:32] over how this project will propose an increased fire risk

[1:45:35] to the homes on the bluff right above the proposed project site,

[1:45:39] as well as future potential for these homeowners

[1:45:42] to have their insurance policies canceled

[1:45:44] due to increased fire risk.

[1:45:47] There was also a concern that homeowners who have paid a premium

[1:45:50] for valley scenic views of San Juan Capistrano

[1:45:52] will have their home values decreased

[1:45:54] once this project is built.

[1:45:57] Furthermore, HOA has been in contact

[1:46:00] with members of several wildlife communities,

[1:46:02] and we've been informed that this particular project site

[1:46:05] could be a home to the endangered species

[1:46:07] of the California Natcatcher.

[1:46:09] And during this HOA meeting,

[1:46:11] I brought up concerns about what would happen

[1:46:13] if there were one or more endangered species

[1:46:17] in this natural ranch area on the project site

[1:46:21] and was informed by NG that no endangered species, whether it be one or many, would prevent this

[1:46:28] project from moving forward. Naturally, with San Juan Capistrano being a city that prides itself

[1:46:33] on its historic and natural wildlife preservation, we find this project's impact to both the community

[1:46:39] and its wildlife to be a major concern to upholding the city's reputation. Lastly,

[1:46:45] while we support this proposition to prevent the building of any BES facilities within city

[1:46:50] limits on an interim timeframe. We're not sure how this will affect the application to

[1:46:58] the state, which is an effort to circumvent the city's wishes to not have this project

[1:47:04] move forward. So we would ask that the city consider this information and determine how

[1:47:08] to best refrain this proposition or necessary communications to the state so that the

[1:47:13] city does not approve of this project or anything of a similar size and scale moving

[1:47:18] moving forward within the city of San Juan Capistrano city limits. Thank you.

[1:47:22] Thank you. Next speaker please.

[1:47:52] Hello, this is Kathleen.

[1:47:53] Hi Kathleen, you're next on the, to make your comments.

[1:47:57] Okay, I'll stay here.

[1:48:00] Okay, you have three minutes. Thank you.

[1:48:03] Thank you.

[1:48:05] You're going to start.

[1:48:07] Hello, this is Kathleen Pryor.

[1:48:10] I am the president of the Laguna Heights Community Association.

[1:48:13] We have over 200 acres of that ravine, both free health sites.

[1:48:20] Can you hear me?

[1:48:22] Yes.

[1:48:24] We're very concerned.

[1:48:34] Please, if you can lower your volume on the laptop.

[1:48:42] Thank you.

[1:48:50] You can continue.

[1:48:52] Okay.

[1:48:53] Our

[1:48:56] concern at that meeting, we had several concerns.

[1:49:00] One, do they have enough fire insurance?

[1:49:03] We have so many homeowners living on that block

[1:49:06] and as we all know, fire travels uphill.

[1:49:10] So we have in particular a community of condominiums

[1:49:16] and these people are low income senior citizens

[1:49:20] and it is buried in and it is right on the edge

[1:49:24] of that block.

[1:49:25] There have not been one, two, there have been

[1:49:27] that was three incidents of major fires in that ravine.

[1:49:32] I can promise that people that are developing this site,

[1:49:36] they will have a fire.

[1:49:37] Not only that, but the efforts by the Center

[1:49:43] for Land Management, Natural Land Management,

[1:49:46] that city of San Juan also contracted,

[1:49:50] we have given an evening over all of those slopes,

[1:49:53] all the way up the Kalina's Love Trail.

[1:49:58] That means that all of their openings into these containers

[1:50:04] will be infiltrated by dust, pollen, debris,

[1:50:10] and they will be flammable.

[1:50:12] We can almost guarantee you they'll be either recreationalists

[1:50:17] or they'll be homeless in that ravine that will light a fire,

[1:50:22] and that will cause an infligration, you know,

[1:50:25] a conflagration in that situation.

[1:50:27] I asked the people at Energy, do they have fire insurance?

[1:50:32] I think they would need at least $500 million worth

[1:50:35] of fire insurance to protect the homes.

[1:50:38] Do they have the super fund insurance

[1:50:41] where they actually cause a hazardous material leak

[1:50:45] that they have some sort of protection?

[1:50:48] We have some sort of protection.

[1:50:49] And these containers, as we were told in the meeting, are made of galvanized steel.

[1:50:56] Galvanized steel rusts in a saltwater environment.

[1:51:00] The ocean fog would be particularly destructive.

[1:51:05] And lithium is poisonous.

[1:51:09] They were intending to put out fires with pyrohydrids.

[1:51:14] They need a storage tank, a utility company storage tank.

[1:51:18] in efforts to put out fires of 30 containers, or excuse me, 1100 containers that are 30 feet wide,

[1:51:30] 9 feet tall, and 5 to 8 feet wide.

[1:51:34] I don't think that we are protected from the...

[1:51:38] Kathleen, if you could please summarize, please.

[1:51:40] That this type of project will cost.

[1:51:43] We represent 1,800 residents, 700 apartment people, and we have over 250 acres of land.

[1:51:54] Thank you.

[1:51:55] Thank you.

[1:51:56] Thank you, Kathleen.

[1:51:59] I want to hand it up right now.

[1:52:00] Thank you.

[1:52:01] Okay.

[1:52:01] Fine.

[1:52:02] Is there anyone else in the audience that would like to address the city council on this

[1:52:06] item?

[1:52:08] Do we have anyone else on the phone?

[1:52:10] City Clerk?

[1:52:12] All right.

[1:52:12] I'll bring it back to the council.

[1:52:13] Council, are there comments, questions or motion?

[1:52:21] Mr. Mayor, I move for staff recommendation as modified by Council.

[1:52:28] Thank you.

[1:52:29] Is there a second?

[1:52:32] I'll second.

[1:52:33] If we have a second by Council Member Taylor, are there any comments of motion on the floor?

[1:52:39] We'll now take a roll call vote, please.

[1:52:42] Council Member Hart.

[1:52:44] Yes.

[1:52:45] Council Member Campbell.

[1:52:46] Yes.

[1:52:46] Mobaton-Born?

[1:52:48] Yes.

[1:52:49] Moffarias?

[1:52:50] Yes.

[1:52:50] And Councilman Taylor?

[1:52:52] Yes.

[1:52:55] That's unanimous.

[1:52:56] Mr. Mayor, if I may read the title of the urgency ordinance.

[1:53:00] 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.

[1:53:15] Thank you.

[1:53:16] Thank you.

[1:53:17] I will turn the meeting over to the chair of the Housing Authority.

[1:53:28] One moment, please.

[1:53:39] Thank you, Mayor.

[1:53:40] I now call the San Juan Capistrana Housing Authority regular and telephonic meeting of

[1:53:44] April 2, 2024 to order.

[1:53:46] The record should reflect the roll call taken previously at the City Council meeting.

[1:53:52] Consent calendar.

[1:53:54] Items on the consent calendar are considered routine and may be enacted by one vote.

[1:53:58] Does anyone wish to remove a consent calendar item for discussion or abstain from voting?

[1:54:04] Hearing none, is there a motion to approve the consent calendar?

[1:54:07] So moved.

[1:54:08] A second?

[1:54:09] Second.

[1:54:11] Is there any discussion on the motion?

[1:54:14] Seeing no discussion, I would like the city clerk to call for a roll vote, please.

[1:54:25] Commissioner Files?

[1:54:29] Yes.

[1:54:31] Commissioner Hart?

[1:54:33] Yes.

[1:54:34] Yes.

[1:54:35] Commissioner Boyle?

[1:54:36] Yes.

[1:54:37] Chair Campbell?

[1:54:39] Yes.

[1:54:40] And Vice Chair Taylor?

[1:54:42] Yes.

[1:54:58] Does the 501 unanimous vote, Mr. Chair?

[1:55:08] Mayor, I now turn the meeting over to you.

[1:55:10] Oh, I'm sorry.

[1:55:11] The meeting is adjourned to Tuesday, May 7th, 2024 at 5 p.m. for a public business session

[1:55:16] in the City Council chamber.

[1:55:18] Mayor, I turn the meeting back over to you.

[1:55:21] Thank you.

[1:55:21] and I will re-adjourn the regular City Council meeting.

[1:55:27] There are no Council action items tonight.

[1:55:30] Are there Council member reports?

[1:55:33] Council member Campbell?

[1:55:36] Yes, Mayor, thank you very much.

[1:55:38] I was honored to last Saturday to attend a award

[1:55:47] ceremony put on by Assemblywoman

[1:55:53] Davies, thank you very much.

[1:55:59] We were fortunate to have one of our own, Jackie DuPont, who is with the Luminations

[1:56:04] Foundation be given an award as the Woman of the Year.

[1:56:08] Illumination Foundation provides shelter to homeless and especially the elderly and she

[1:56:14] was honored for doing that.

[1:56:15] We're very lucky to have this asset in our community, and I congratulate Jackie.

[1:56:20] It was a great event to attend.

[1:56:23] Thank you.

[1:56:24] Thank you.

[1:56:25] Other Council, sorry, is there a city manager report?

[1:56:29] Nothing further this evening.

[1:56:30] Thank you, Mr. Mayor.

[1:56:32] Thank you.

[1:56:34] I will now adjourn this meeting to Tuesday April 16, 2024 at 3 p.m. for

[1:56:43] executive session and 5 p.m. Yes, oh 5 p.m. for the public business session in the

[1:56:50] city council chambers. Thank you.

City Council and Housing Authority Meeting

Agenda

Transcript