I now call the same one, capestrano, city council regular meeting of April 1st. Yes, that is April Fool's Day. We are going to do things very seriously today, however. Call the meeting to order. Madam Clerk, could you please call the roll. Council member Freyitz. Council member Hart. Councillor Taylor. Mayor Prattin Campbell. Present. And Mayor Boring. Here. The council meeting met in executive session just before this meeting and I want to call attention to the fact that we are starting on time again. At the next meeting I may or may not make a motion that small cupcakes be provided for everybody. If we start any public session meeting within five minutes of its scheduled start time. For those of you who don't know how this works we meet over in the next room to manage some of these executive session things and you can't always control how long those discussions need to take if you need to reach a decision, which is why we sometimes start late here. It's not because we're just stuck in traffic. We're in the building. So we try our best to start on time. Today's a winner. We'll take it. No report of action was taken. Is that correct, Mr. City Attorney? That is correct. Thank you. Madam Clerk, you have an announcement that you'd like to make. Yes, Mayor. Personally, Bill 23. Each has an authority board member receiving a $50 stipend for conducting the housing authority meeting this evening. Thank you very much. And Mayor Pro Tem Campbell would like to recognize any commissioners present at tonight's meeting. I am looking for some slips. I do recognize Mr. Rosenfeld, our planning commission member. We have, I think, is that it? My mistake? No? We're good. Mr. Rosenfeld. You have to come in. Awesome. Could we now please rise for the Pledge of Allegiance? We'll be offered by our Mayor of Pro Campbell after which if you could remain standing, I'll offer an invocation. Ready, begin. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God, indivisible with liberty and justice for all. Heavenly Father, we're grateful to once again be gathered as a community, as neighbors and friends to discuss the affairs of our town. We're grateful for the government that allows us to meet, to speak, to make important decisions and to guide and direct this community. we pray as we meet that we'll be able to do so in a spirit of collaboration and wisdom. We pray that we'll be able to understand one another and that with common understanding we'll be able to move forward with good decisions even at times when we may disagree. We're grateful for those who serve this town and community for our first responders, for our educators, and others who volunteer their time to bless our neighborhoods and bless our families. We love this town, we love this country, we have a great gratitude for the privilege to live here and do so in going to go to the next slide. I'm going to go to the next slide. I'm going to go to the next slide. I'm going to go to the next slide. I'm going to go to the next slide. I'm going to go to the next slide. I'm going to go to the next slide. I'm going to go to the next slide. I'm going to go to the next slide. April 2025 has donate life month. Thanks, Christy, for reading the title of that item. That was in my script. Christy's wondering what happened to my script? Today I'm a little off script. I apologize. It's the glasses on and off thing. It's not working for me. OK. I am going to read some stuff about designating this month as our Donate Life month. Are you here to talk to us about that? Come on up. The reason I said it's timely is because guess what I just got in the mail today. What's that? Your neighbor's license? Do you hear what she just said? Literally just came today. My new driver's license, I did. But it was kind of timely. I got one with my pink dot on it. Why don't you tell them, mostly, what that means? Because you can get one too. Does anyone else have a pink down on a driver's license? That means that you're... I was kind of timidly, I got one with my pink dot on it. Why don't you tell them, Leslie, what that means? Because you can get one too. Does anyone else have a pink dot on their driver's license? That means that you've checked box six on your application or online at the DMV and you sign up to be a registered organ donor. So that's one of the reasons that this is so important, National Donate Live Month, and if you're gonna to read the proclamation that way, I'm going to do that. And then I'm going to give you a chance to speak when I'm done reading. Is that OK? But stay up here with me. Yes. It's an honor to present this important proclamation, designated April 2025, as DMV Donate Life Month. So even if you don't renew your license, they could still do something about it this month. Okay. Whereas, organ, eye, tissue do something about it this month. Okay. Whereas Oregon, ITSU, Merrow, and Blood Donations are life-giving acts recognized worldwide as expressions of compassion to those in need and whereas more than 103,000 individuals nationwide and more than 23,000 in California are currently on the National Oregon Transplant Waiting list, and on average 17 people die each day while waiting. Whereas the need for donated organs is especially urgent in Hispanic, Latino, and African-American communities, and whereas a single individual's donation of the heart lungs, liver, kidneys, pancreas, and small intestine can save up to eight lives. And whereas donation of tissue can save and heal the lives of more than 75 others, and whereas organ donors saved more than 46,000, that's such a huge number. That's more than our entire city. Organ donors saved more than 46,000 lives last year, the most ever. And whereas any person can register to be an organ, eye, and tissue donor regardless of age or medical condition, whereas being a registered donor does not impact the quality of life-saving medical care a person receives in an emergency, and whereas California residents can sign up with the Donate Life California donor registry online at any time by visiting donatelifecalifornonia.org donatelifecalfonia.org or for Spanish speakers donateveeta.org that's in English and Spanish.org got me there okay whereas California residents can sign up to be an Oregon I and Tissue donor when applying for oring their driver's licenses or ID cards at the California Department of Motor Vehicles and whereas California residents interested in saving a life through living kidney donation may visit www.livingdonationscalfornia.org. It's a different site livingdonationscalfornia.org. Now, therefore, this is my favorite part. The it resolved that in recognition of National Donate Life Month, the month of April 2025 is hereby proclaimed DMV Donate Life Month in the city of San Juan Capastrano. And in doing so, we encourage all Californians to check. Yes, online or when applying for or renewing their driver's license or ID card at the DMV. And now it's all yours, Leslie. You get a receipt. Wait, yeah, grab your staff. She also gets this awesome proclamation certificate, which she's going to frame and put next to her dining room table. No, it actually does to run walk. Does it really? I think I touched a picture if I didn't. I'll send it to you. There's a huge booth where all of the cities, so my name is Leslie Eskultson. I'm an ambassador, which is a fancy word for- Oh, this is your standard. Which is a fancy word for volunteer for one legacy which is the Organ Procurement Organization that covers Orange County and six other adjacent counties covering a population of 20 million people, making one legacy the largest OPO in the country. So in 2025, when legacy there were 700 and where's my number? 740 donors from that population of 20 million people. So I have a picture here, the gentleman in the middle of the picture, his name is Dan, and on December 30, 2017, Dan received a heart transplant at Cedar Sinai Medical Center. And four days before that on December 26, there's a gentleman who was driving home from work, and he suddenly passed out in his car, two young boys were walking home. It was Christmas break, right? So they were out doing something, but they didn't have a cell phone. So they flagged down a man in a truck and asked him to call 911 to help the man who had stopped his car on his street in Lake Forest. The EMTs got there within minutes and he was losing consciousness, this man that they were trying to help and they were able to intubate him and take him to Mission Hospital. And despite all the efforts of the care team at Mission Hospital, they weren't able to save him. And he was a registered organ donor. So on December 27th, that man who happened to lose his life that day was pronounced brain dead. And since he was an organ donor, that in the next few days his heart was placed first with Dan. And that happened on that Saturday. Well, additionally, he was able to donate his liver, his lungs, his kidneys, his corneas, and his bone skin and tissue. So on December 30th, that man, who the amtees, were lucky enough to intubate him before he was pronounced brain dead was able to save four people's lives and improve the lives of 68 other people. He actually restored the vision of two people in Germany. And the reason I know all of this is that man that didn't make it was my husband. And this is my husband, Paul, which is a picture that dance holding. So this is my connection to donation is because my husband gave the gift of life and was able to save four people. And I'll leave you with one little statistic because numbers are kind of important. So I mentioned that in 2025 there were 740 organ donors out of a population of 20 million people, okay? And 17 people die every day, but thankfully, Dan was not one of them, okay? And in 2017, which was the year that my husband became a donor, there were only 487 organ donors that year. So we've improved the numbers by 50%, which is significant. And it's through the activities of communities like Rancho San Mocapistrano that help increase awareness and spread the word and encourage people to sign up to be registered organ donors because only one in 1,000 people can donate anything at their time of death. So it's very, very important and it's a complete numbers came. So thank you very much for your time. I very much appreciate it. And thank you. Oh, thank you. I'm glad you went back. Thank you. I'd love to see you too. Thank you. Do I just take that? Yeah, I'll take it. Thank you. Appreciate it. Thank you all so much. You're welcome to stay for the Irinity. So, moving to the oral communications public comments section of our meeting and this is when anybody who wants to talk about something that's not on the agenda. So if something's on the agenda and we're going to talk about it tonight, you want to save those comments until we talk about that item on the agenda. But if you came here tonight to talk about something that's not on the agenda, this is your window. Madam Clerk, do we have anybody who signed up to visit with us tonight? Yes, Mary. Have Reyes, Munice, followed by Abby Poulson. Great. Would you like to call them in that order? We're ready for you. Hello. Good afternoon. My name is Reyes Munice. I'm the Youth Advisory Board. I'm here today to speak about some updates on our upcoming events. First, we have the extra organza, which will be on Saturday, April 12th. We will have face painting, but are making and be making. We hope you can stop by and enjoy our booth. Our second event is going to be Earth Day, which will be with great opportunities. This event will also be in the Zeroos Park. And finally, our last event for April will be the day of the child on April 26th and Stonefield. And we will have the same activities. And like in extra vegans, I thank you and have a nice evening. Thanks, and thanks for name is Abby and I am a district associate for Vice Chair Katrina Foley who represents Saint-Wonkopastrano on the Orange County Board of Supervisors. I'm just here today to give a little bit of an update on what we're working on at the county. So as most of you know, Vice Chair Foley is diligently working on an issue that directly impacts the citizens and residents of San Juan, Capastrano. The battery energy storage system is also known as best facilities. Cal Fire released their new Fire Severity Maps last week, putting the San Juan, Capastrano, Compass Energy Project location in a high fire severity zone surrounded by multiple very high fire severity zones. While clean energy goals are important, they don't override public safety and then need to protect our community from wildfires. That's why Vice Chair Foley opposes the proposed best project in San Juan Capastrano and spent the day today in Sacramento fighting for the safety of our community and ensuring our voices are heard for advocacy day. At the Board of Supervisors meeting on March 11th, the Board extended Vice Chair Foley's 90-day urgency ordinance moratorium on large-scale battery energy system facilities for an additional 10 months and 15 days. This will allow the county and local authorities to keep creating safe guidelines for future projects. This includes keeping best facilities out of fire prone areas and away from vulnerable populations. Additionally, at our meeting last Tuesday, Vice Chair Foley and the rest of the board endorsed AB 303, the Battery Energy Safety and Accountability Act. AB 303 will improve safety standards and restore local oversight for energy storage facilities in California requiring critical local engagement in the permitting process for best facilities and infreting environmental setback requirements for sensitive areas including schools, hospitals and natural habitats. The bill, if passed, is progress in the right direction. We must ensure companies go through the local regulatory processes so we can continue to build trust, increase safety, and give communities a choice. Onto some events that we've been going to. Last Saturday, Vice Chair Foley hosted her fourth annual Women Making and Difference Awards. The 2025 National Theme for Women's History Month was moving forward together, women educating and inspiring generations. Our office recognized more than 60 amazing women educators, advocates, and leaders in our community. We wanted to thank everyone for celebrating with us and for nominating the inspiring women who've made a difference in their community. Additionally, our office had a blast at the Swallow's Day Parade in Marcada last week, and we hope you all wave to our float and got to stop by our booth and say hi. But we will also be at Earth Day events across the county coming up in a few weeks, and we hope that if you didn't get a chance to see us at Swallow's, you'll be able to stop by then and see us. We also want to invite you all to join us on Wednesday, April 9th at 6pm for our next wellness walk. It'll be at Fashion Island and we hope that you can come. to stop by then and CS. We also want to invite you all to join us on Wednesday, April 9th at 6 p.m. for our next wellness walk. It will be at Fashion Island and we hope that you can come along. As always, we look forward to our continued partnership with the city of San Juan Capastrano to best serve our residents and please feel free to reach out to our office at any time and follow us on social media. Thank you. I'm going to speak for all my council members here without asking them advance. This is best practice. This is great. No, really. Because she... and social media. Thank you. Can I just say, and I'm going to speak for all my council members here without asking them advance, this is best practice. This is great. No, really, because she does represent us, but sometimes she's up there in another part of the county doing that kind of stuff. And on these issues where we're battling on the same front, to have someone from our office down here, this is, you're obviously not the first time you've in here are the first person from our office to be here. It's great. And so thanks for being here. You're always welcome. We might have cupcakes. We missed that part. Thank you. We appreciate it. from our office to be here. It's great. And so thanks for being here. You're always welcome. We might have cupcakes. We miss that part. Thank you. We appreciate it. And like, really, please reach out. Like, we're happy to help with anything. Thank you. I'm going to bring them. Anyone else? Madam Clerk? No, Mayor. Okay. Okay, that's me closing public comments. Now moving on to the consent calendar. And again, for those of you who might be new to these meetings, consent calendars are where we put a whole bunch of things on one list and vote for them at the same time because they're considered routine. And they don't get individual discussion unless somebody from the public or somebody on the council pulls an item and wants to talk about it a little bit more Madam clerk, do you have any requests from the public to pull an item from the consent calendar? No, there and are there any requests from the city council to pull an item for discussion or does anybody want to abstain from voting on one of the items on the consent calendar? Okay, seeing none move for the balance. I have a motion. Second. All in favor? Aye. That's unanimous. Now moving on to item F1A, Madam Clerk, could you please read the title of the item? Item F1A is a request for a finding of public convenience or necessity as required by the California Department of Alcoholic Beverage Control to allow the on-premise consumption of alcohol within a proposed lounge at 31952, Kamino, Capostrano, Caposta, Garlounge. We have a staff report, please. Thanks, Joel. Mr. Mayor and members of the City Council, Joel Rohast, Development Services Director. The item for you is a request from the owner and operator of Kapasagar allowance for a finding of public convenience or necessity to allow the sale of alcohol with a tight 48 license for the they proposed lounge. The location of the proposed lounge is in the city's downtown. It's in a commercial center referred to as Mercado Village that's off of Cam Camino Capastrano, just north of Del Biscoe. The subject part, Sol there is outlined in the image in red, and then the Capo cigar lounge is in yellow, and it's next door to a smoke shop, which is owned and offered by the same applicant. The zoning of the property is town center edge Edge and the general plan, Lanyl Designation is General Commercial. So here are the details of the request. Like I said, there's an existing capital cigar lounge that's operating. It's an 816 square foot lounge and the applicant proposes to divide it into a 524 square foot lounge for onsite alcohol consumption and in a separate 294 square foot cigar lounge. The idea is that the proposed alcohol lounge would serve beer, wine, and distilled spirits and operate daily from 10 a.m. to midnight. This type of alcohol lounge is defined by our land use code as a bar and requires a type 48 license from the California Department of Alcoholic Barrage Control which we refer to as ABC. ABC requires a finding of public convenience or necessity by the city in order to issue the applicant the requested type 48 license. And the reason there's a need for it to make you finding a public commutes and necessity is because the cigar lounge is located within a track that has an undue concentration of alcohol license as determined by ABC. There are 97 active alcohol licenses within this track, including two other active type 48 licenses. Because of that, ABC requires that the city determine that the public convenience or necessity would be served by the issuance of this new type 48 license. Here's a snapshot of the track. I'll line in light blue there. You can see it encompasses the main central part of the city and then the red dot is the location of capital cigar lounge in our downtown. There's approximately 9,000 residents in this census tract and ABCD termings and undue concentration based on the number of alcohol licenses to the population of the track. And so staff looked at the applicants request and we reached out to the Orange County Sheriff Department about any information regarding our only other type 48 license in the downtown and according to the Sheriff's Department that from January 1st, 23 to last month Orange County Sheriff Department received 83 calls for service to the existing downtown type 48 license and And according to OCSD, this is the most calls for service for any downtown business Because of that information that we receive staff believes that another type 48 license would likely result in more calls for service to the subject property Which could put a strain on our orange County sheriff deputies resources Again, also as a reminder, the issue here is whether a public convenience or necessity exists to approve the alcohol license. And there is another type for a license already that exists at 150 feet from the proposed lounges up to street. In addition, there are 12 downtown restaurants within 1,500 feet of the proposed alcohol allowance that offer a full alcohol bar service. Because of these reasons, staff does not believe that the public convenience for necessity finding is warranted and therefore staff recommends that the city council decline and make you finding that the public convenience for necessity would be served by the approval of a tight 48 license by ABC for capital cigar lounges proposed alcohol lounges and that said action is exempt from the California environmental quality yet. That's my presentation. I'd be happy to answer any questions. Thanks. Do any members of the City Council have questions for staff? Yes, John. So Mr. Rojas, there's the big distinction between this license and the other types of licenses, type 48, type 47, is the fact that this is a bar only. This is a bar. So they're asking to open another bar in shopping center. That's correct. The other, the 12 other restaurants that I've referred to, there's food service without the hall. That's a different type of license. So yes, this 48 license is essentially a bar. Well, 97, I believe you said, in 19, 19, 97. 97, 97. How can all licenses in a census tract seems to be quite a few. As I'm looking through the numbers, you can see how it's sifting through them. It turns out that 53 of those are on sale, general eating, and on sale beer and wine. So basically if you have a restaurant and you're serving alcohol or you're having a, or you have a restaurant you're serving beer and wine, that, that it's a different distinction because it's not just a bar. Correct. I'll do the serve booths. Correct. So my question is, is, is, in the, if they were, let's say there's an outside chance that adjacent to this location, there's a small little ellys table, adjacent as an open, commercial space. My understanding is that there will be a restaurant proposed in that space. So that would be a type 47, correct? And then across the street, directly catacorned that, will be another facility that will be opened up a hotel, and there will be a restaurant element there. And that will be requesting a type 47 license as well. So when those two licensees are to come before the building department, will they have to go through the same process as this license? No, even though they, but it is incredibly impacted. We're talking 97 liquor licenses within a census tract. Yes. What is the reason for that? The ABC, C's a type 40 license differently than type 47, type 47 restaurant alcohol service with food. I guess an ABC sees eyes that's a little different than a bar with no food just beer wine and distilled spirits. And for that reason these type 48 license required this finding of public commuter necessity. And for this council to find that to make that finding is it is there parameters that We need to consider or considerations that we need to make It regarding that or is it typically a vote among the council deciding whether or not that's a What do you call this a Convenient or necessity is that correct? Yes, yes, simply by as voting in favor against that we disavow that. Correct. ABC does not have findings or criteria that need to be met and the city does not have codified criteria as well. So it's whatever information or circumstances that you want to take into consideration to make your decision. Thank you. Any other member of the council of questions or staff? Thank you. Any other member of the Council of Questions for Staff? Howard? Yeah, thank you. Mr. Valls. Just once again confirmed. This is not about so much a property rights issue of, hey, I just wanted to monetize this property the way I want. This really is about finding of necessity or convenience correct and that's why I want. This really is about a finding of necessity or convenience correct. And that's based on an ABC, however ABC regulations operate. That's correct. ABC will not issue the applicant this license without the city finding a public convenience or necessity. Okay, thank you. Thanks Madam Clerk. Do we have any requests to speak from the public on this agenda item? Yes, I have Anthony Ramirez, followed by Consulting, working on behalf of Capo Cigar Lounge. And those are great questions. And the difference with ABC, I believe, with cigar lounge with a 47 going to 48 is the 48 has some restrictions for tobacco and alcohol. So... I believe with a cigar lounge with a 47 going to 48 is the 48 has some restrictions for tobacco and alcohol so all in all it is a bar, but Basically we're we're a lounge and that's those are some of the restrictions that's ABC You know don't choir this type of license so you know so capital cigar lounge has been in business over five No complaints from the city. We're just trying to push forward and offer, you know, some spirits and some spirits for our members and the lounge. And like the map showed, you know, it's a very small area of 500 and some out square feet. We split the lounge, tobacco, and alcohol. And so we've met all the requirements for the city. ABC, this is the last hurdle that we're trying to get and just to enhance our business of the cigar lounge. And so as far as ABC, you're right, this is the last, the 48, but it does put us in that category of a bar. So the other establishments surrounding it with the 48, you know, that is strictly a bar mentality and the patrons. But like I said, we have members and cigar, you know, customers all day long. So that's all we're trying to do is enhance it at the time. But the other thing is, I know there's another cigar lounge outside of town that got the necessity. They were approved. They're not open yet. And we're just trying to get through this last year. We put a lot of time in the last year trying to acquire the 48. They're very hard to come by and so we're at that last stage. So, you know, we're asking the council just to review it and I know the recommendation came back and, you know, overall they might have looked at it at at strictly another bar and trying to get away from facilitating those type of calls that they were called on. So at the end of the day, you know, if you would consider approving this Necessity, we'd greatly appreciate it. Thank you. Good evening, Council members. My name is Nathan Vanda. A long time resident here of San Juan Capastrano. Here to express my full support for Capastrano's request for a type 48 ABC license, which would permit them to serve some premium suerids to their members like myself and visiting patrons of San Juan Capuchrano. Many who are dedicated cigar-affishinados. Capuchr Larros, Capuchr Lounge has demonstrated clear commitment to operating responsibly within our community with its four businesses here in San Juan. They have completed the necessary steps with the ABC and their city staff and was city staff and applying with all the requirements. And the final step in this process, the approval of the PCN determination from his council, I strongly urge you to please grant this approval. This establishment is not a threat to our community, quite the opposite. It provides a unique upscale experience for responsible adults and has the diverse business landscape in San Juan, Caprano. Approving their PCN would reflect thoughtful support of a local business that is committed in operating with integrity and professionalism. Thank you for your consideration. Thank you, Amanda. Gregory Simon, followed by Fidel Ahana, followed by Dr. Boris Delsid, and Ricardo Bees. Hello members of City Council. My name is Gregory Simon. I am a local business owner here in San Juan Capustrano and a regular member and a patron at Capo Sugar Lounge. I offer my full support for Capo Sugar Lounge to secure the type 48 AVC license as well. I think it's very important to draw a distinction as was previously mentioned between your typical bar scenario and Capo Sugar Lounge and the environment it offers. It's a business networking environment. It's a professional environment. People come there for responsible relaxation, friendships are forged there. It's not really a place where I would see Eddie concern as far as public safety or public health. I think it's actually a great enhancement for the neighborhood and just brings a really strong attraction for especially professionals like myself who look for a place to go relax, network, and just conduct business really. So I thank you and strongly recommend that the council approve. Thank you. Badelle Ahonen, followed by Dr. Bore Stsey in Ricardo Bays. Good evening, gentlemen. My name is Fadel Ganem. I'm the owner of the Cabo Cigar launch as well as for other businesses here in San Juan, Cabo Estrano. I've been almost 20 years living in San Juan, Cabo Estrano, which is since the day one in United States. I love the city, I like to support the city and I have other residential rental apartment and I'm very, very known from a lot of people in the city. So the idea came up and the cigar launched, a lot like gentleman, like you guys, like your age came and asked why you don't have alcohol so They kind like force us to apply for the Lies in and it's very hard to get and finally last year we Find one and I bought it so this project cost me almost like Gonna be around 150,000 with the construction. So being working hard to get the license and we finally get the groove from everybody and now we're waiting for you guys to say yes and get us the final a groove. It's not going to be like other bar at the city and with a lot of teenagers or 21 years old. So basically we work on a few members who is like businessmen, lawyers, whatever they come and do their work at the lounge with their laptop and they are very quiet. No music going on, no, hopefully no problem in the future too. So it's very kind of like different business from bar, regular bar, across street and in us. So hopefully it's going to be very quiet business in bar. And I'm going to thank you all and I do appreciate you guys and your time and I like to appreciate those members coming to speak with us. Thank you. I think I have a big hand. Distinguished members of the council, thank you very much for allowing us to present you know our recommendations for this establishment. First of all, I have done business here in the city of San Juan, Capastrano for many years. I'm a chiropractor and also do consulting. And some of my clients here, including Ricardo's place, catch me here in the city quite often. As a matter of fact, at least once a week. But in that business, but in the weekends, I choose to come here, to give my business to this city, specifically in places where I can relax such such as this place. I am a patron of a capital cigar lounge. And I just want it, we like to paint a picture of what it is that this establishment is. Basically, it's not a bar what they're trying to get that type 48 license. There's a big distinction between cigarettes and tap beer versus finely rolled cigars and exquisite spirits. So the premium cigars and the plush leather seats, wood paneling and sophisticated atmosphere, reminiscing of exclusive membership clubs, and the tradition of a relaxed environment, the clientele of Kapo cigars enjoys such items such as fine spirits, if you allow it it and these fine cigars that are found in there. This is indeed the type of establishment that San Juan Capastrano consumers would desire to frequent. The attending demographics, as distinguished individual mentioned, is that gray hair type of patrons. I mentioned that because it is not that type of clientele that perhaps a bar that gives you cocktails and beer and all that, which are fine. The clientele that this attracts is a bit different. Professionals like myself, businessmen and women, and indeed a completely different people that will attend this play. So this attending demographic in this type of place is separate and distinct from the popular. I'm being a literary dandit, but I went adlibbed, separate and distinct from the popular beer cocktails and cigarettes outside type of establishment. Traditional pairing of a great cigar and a fine spirit of choice while sharing a conversation with a friend or conducting business while monitoring the stock market on their TV monitors describe the type of business that this community deserves and desire. I respectfully and humbly ask you please consider granting this type 48 license for this establishment. Thank you very much for your time. Appreciate it. Thank you very much. We have one more speaker it looks like. Can I have a quick? Yes, Ricardo Beyes. Ricardo Beyes, to the two-seater and two-camelcapistrano. This is for me a new way of getting educated about tobacco cigars and I don't smoke. So I'm going to, I'm kind of back in the proposal because it's a businessman. I looked at another tool for a business to succeed in which it's a very small place in which they got a nice niche, I will call it a nice niche in which they cater to professionals over 21 in which I want to share a lot of the story about, I don't spend a lot of time with my son and I don't know that much about why he does and his time when he wants to have some pleasure. He invited me to Vegas to celebrate my birthday. We go for one day and met my daughter. And then he was a, what, that, after dinner, I'm going to have a cigar. OK. So he's a cigar. He likes to have a little drink. So he got a little drink. And like I said, to me, I didn't know. But I know there are a lot of professional people. It is an age that they like to smoke their cigar. Very good quality cigars. And this is what this business offers, a place in which these kind of quality people will come and bring tax dollars to our city, in which I don't see that would be a big problem having a 48 license there is a beer and wine. And the way that if we get a look at it I know a lot of people customers that they smoke cigars, but they a lot of my friends gave me cigars and so This I don't plan to smoke Because of my health problems, but at the same time I look at that We got a niche in which this is a necessity in our society sometimes to have that kind of place in a safe environment and it's very regulated in which the requirements are very high and I think they already did the process applying and spending a lot of money for a project that will benefit their business in which they put in their money on the line and it's a business. And it's a scenario that is a resident. I want to back back this project because I think business choose to see it and it's regulated. So this is my opinion and I look at you guys that I don't know how many people smoke a cigar or where they smoke but this is the place to do it. Thank you. Thank you very much. I'm quick. Anybody else? No. Okay. Close the public discussion. To count some members have any comments or points of discussion regarding this item. Can we ask a question? Sure. Mr. Rojas, in the past when we examined one of these type 48 licenses. We had floor plans, things like that. In this time, we don't see anything as far as... Why is that and is that something to be examined? Yes, in the last PCN request it was there was an issue about the State Labor Code and compliance with it that got, I guess, pulled into the PCN discussion, but there are two separate things. Right. Here, the applicant does have TI plans prepared, but we advised them that you probably want to wait until the plan- the City Council makes a decision on the PCN request. Okay. So we don't- at this point, we don't get to see those plans at- because we're not reviewing that. Right, the Council- But the plans- the plans the last time were problems where people would be working- Yeah. We'd have to work where somebody's smoking a cigar and that was kind of the issue. Right. I've seen the plan of the proposed plans and there's no labor code issues with this one. I see. Yeah. Okay. And last question I had was, have there been any code enforcement issues with the capital cigar allowance in the past? Yes. We had a code of information case regarding on permitted signs. I think both the sign is for capo cigar allowance and the smoke shop were put up without permits and we had a code of information case about that and then we sometimes get code of information receives reports that illicit drugs are being sold at the smoke shop and we just refer those to the sheriff's department. Okay, thank you. Is this approval of this? Is it similar to a conditional use permit? So if we were to approve this and then turn out, it turns out that this is a bad actor perhaps, is there a conditional use permit on this, or is it just licensed and then by right, at that point they'd have the opportunity to sell alcohol? Yeah, it's not a conditional use permit, in a sense that there's conditions and they could be revoked. Here, if you make the finding of a public commutes in necessity finding and ABC issues the license, then it's up to ABC to regulate whether the license is being followed or are there any issues with the alcohol service. It's an ABC enforcement issue. And an ABC make for the license for reasons that they investigate, but we would be out of that. So is it possible that we could, you know, is it possible that we could make it condition? We could make it as a conditional use permit? No, we're not. There's no permit being issued, no approval being issued. It's just a finding. Okay. Yes or no finding Okay, but the question is, is if the council were to be a little bit uncomfortable without approving yet another type 47 license in that concentrated area. Fort 48, thank you. 48 license in that concentrated area. And they would be or perhaps would be more likely to do so if they had some additional opportunity, if they turn out to be bad actors, if we can pull that conditional use permit, that's not a possibility. That's not before us. So, ABC issued to regulate the amendment. And at least under a current council member, if the council wants to direct staff to bring back maybe a code amendment or ask the applicant to amend the code to make these uses allowable subject to a CUP, then the council would be able to do that. But right now it's allowed as a matter of right. It's just that the state law imposes this PCN requirement. Thank you. Any other comments? Howard? I do. Is it possible to quantify the amount of complaints we've had about illegal drugs being sold, a ballpark figure? I'm going to say in the last four years, It's come to me with about three or four instances where they got reports of something illegal being sold there. And then the sign permit, illegal sign permit state back I think four, four years. John. Mr. Rahus has put into context. Is it uncommon or virtually never happens that you receive code enforcement concerns regarding Selimero-Wanna at other locations in the city? Well, we do receive, co-infraurations does receive allegations of illegal drugs being sold at, I think, the smoke shops. So it's kind of, it happens every now. Connected somehow perhaps with, occasionally with the smoke shops. Yes. Okay. I'm sort of a, I'm sort of have some observations that I think are important. The type 47 license we would never consider. So in it, nor does the ABC. So if you've got whatever the concentration I mean it's it's a scary number 90's night 71 is there's is it or I'm sorry 90 I lost that number Where's it again 97 so it's kind of a scary number 97 but that's that seems like a lot And and it is a lot if if especially if you consider that you know They're we have so much catering town There's a lot of liquid licenses that aren't necessary. We have wine importers. We have a lot of different auxiliary reasons for having liquid license. So basically what we're talking about is 53 licenses here. I would find it, we have businesses that are opening up on hopefully we'll have more businesses that bringing more services to our city. Again, I mentioned earlier, there's going to be a restaurant just literally 100 feet from it. You have another hotel that will be opening up, Cadi Corner, and I would find it shocking if staff, and I'm certainly not going to ask in this question, I'd find it shocking if staff were to deny those applications based on the fact that hey we just don't need any more out-call in our town. I feel pretty strongly that it is sort of an unfair comparison of the clientele of a cigar bar opposed to the most famous dive bar in Orange County. So if you know, I think that's, while the facts remain, it pales by comparison to me as far as the issue. I went by, there was a matter of fact, to take a look at the facility and basically there's a bunch of middle-aged guys in there smoking fancy expensive cigars. It didn't remind me of a place that would have a lot of tomfoolery, mostly because there's not enough room for it. I mean 500 square feet that's not very much room. So, especially with the couches and all that stuff that's in there. So, I don't have an undo concern about that application in the sense that yes it is a bar license but I don't see the business that it be that have that engraved impact in the center. I think something else that's important to me is that on often when we have a controversial issue before us we get concerns from residents we we get concerns from businesses, we don't get any correspondence on this issue. And I think that's enlightening as far as the community's perspective of this use. But I think my most important distinction is, six months ago, we approved a cigar lounge on the, on the other now. Grand it's not the same neighborhood not the dark downtown corridor. It's in a sort of a quasi industrial area. But it's exactly the same circumstances. The numbers didn't change. Same ratios, same neighborhood, same 97 active. I guess it would be 96 active ABC licenses. So I understand why staff is concerned about the concentration, about the possibility of other issues, but I don't share that concern. So after the rest of the comments, I'd like to make a motion. So did you have anything you want to say? Anything else for you guys? Power? Uh... I'm going to. I'm going to. The motion will be. By gather. To. Move against staff recommendation to move against staff recommendation. I would rather state it as move in favor of offering a public community to necessity. But that in reality is what it would be as moving against staff recommendation. And I will be supporting that motion. I do that because I, because of the reasons you state. I am, and I do that in spite of a track record at the establishment that gives me pause for concern. And so you can either make me look like a chump, or you can be as advertised. Okay. I, uh, if that's everybody's comments. Um, I think that I was taking pretty good notes. Arguments in favor from the community were all the necessary steps other than today have been met. Reputable clientele, not a public safety threat, enhances the business, all of which seem. I don't have any reason to think that none of those are true, but what we're asked to do today is to rule on whether the convenience or necessity bar is reached here. And in that, something used that earlier, when you're comparing something we don't the other side of the freeway, and you said those are the same circumstances. They're decidedly not the same circumstances. One is in a completely isolated from the area where the primary concentration of these are located right now. It's difficult for me with a straight face to say to our community. We need to do this because it's actually too inconvenient for someone on communal campus Toronto and Del Vespo to find alcohol. We need another one. That's what we have to say if we vote for this. It's a convenience and necessity ruling. Not a property rights issue, not a pro business, anti-business issue. We're ruling on convenience and necessity and the state has asked us to do that so that we don't have a bar, next to a bar, next to a bar, next to a bar, next to a bar. They've raised the plen intended bar for us to stop as city leaders and say, does this license meet convenience and necessity? And it's really difficult for me to argue that we need more convenient need, necessity, we need more convenient access to another alcohol license at this location next to dozens of others and more on the way. So I will make a motion for staff recommendation denying the application because I can't find a need and convenience determination. I'll second. Emotion in a second. Make a sub-steep second. Make a substitute motion. That's when you do that. If you want to make a substitute motion. Right? I'll make a substitute motion. Well, I would make a... Well, city attorney, how might I phrase a motion that would allow the public convenience or necessity to be included? So that's a conflict. It's definitely opposite. So the fact that they're entirely opposite is why this one takes precedence over the other one. And so you're going to have an answer depending on, regardless of whichever one you take first. So the latest motion takes precedence and should be voted on. If you make a substitute motion, we'll vote on that before the mayor. There was kind of a suggestion of a motion, but I didn't hear your actual motion. So just for clarification on process, guys, because it takes us some practice to do this, even though there was a discussion of a motion earlier, a formal motion wasn't made. I made a formal motion just now, which is in conflict with the direction these gentlemen were talking about, and my motion was seconded. The way it works is rather than vote on my motion first, any member of this board can offer a substitute motion. And if that gets a second, that substitute motion would be voted on first. And only if that fails, we'll go back to what is now my initial first motion. That's how the process works. Is that correct? That's right. And if I could clarify further, that's what I was waiting for. Mr. Mayor, I offer substitute motion to move against staff recommendation. And for the proposed finding for public convenience and necessity. Second. Okay, we have a motion and a second. All in favor of Councilor Hart's motion, say aye. Aye. All opposed? No. No. That motion fails, the original motion is now up for comment. If I may make a comment before I vote. When I was mayor last year, I resident reached out because of the, I'll say, alleged illicit sales. And it was really difficult to hear this from a resident that was basically pleading whether we cared or we were just looking the other way. So I, you know, what long forcements, subsequent follow-up to that, I don't know what it is. I don't want to know what it is, but any business that's operating that way, I mean, a question. So I want to clarify just for the record that my motion has nothing to do with calls received or allegations of behavior. It strictly has to do with whether or not I perceive. There is a convenience and necessity issue at stake here and I do not believe that there is regardless of what people may or may not say about the business. I have no reason personally to think that's anything other than a great business attended by the most noble people in the community. But what we're asked to today is to rule on whether there's a public convenience or necessity involved here. And I believe there's not. That's why I made the motion. All in favor? I was waiting for a comment. Yeah. Okay. Yeah. I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I, I. Um, I, I, whether it's, I believe the, there is a concern of the council of the track record of the establishment. I don't know that I feel very strongly that the proprietor, although I don't know the business, I would find it surprising if the proprietor was, in fact, allowing marijuana sales knowledgeably in his lounge. I would assume that I would certainly assume that that a proprietor would not allow that to go on in this business. I'm more concerned about the fairness of this applicant's position as well as the fact that we've just recently approved the cigar bar doing the exact same darn thing. So they haven't had track record because they're not even open yet. So I'm just out of a sense of fairness and I think a lack of exposure regarding that small of a site as well as the clientele that goes in there. I'm strongly opposed to this motion. Thank you. I'm going to respond to that before we drop the vote. One, I want to reiterate what I just said is that my motion has nothing to do with allegations of criminal behavior whatsoever here or anywhere else in the city. It has to strictly what we've been asked to determine based on public convenience and necessity. And as it relates to the fairness sentiments that deals directly with convenience. We're talking about a business that came in on another part of town even if it's in the same district It's not as immediately adjacent to other alcohol uses and so I think that it speaks directly to convenience and necessity So I don't think that those are apples to apples comparisons With that response are you guys okay if I call for vote on this? Mr. Mayor if I just want to clarify for the record that from a staff perspective I was asked about code enforcement I just want to be clear that there are allegations of illegal products. We just passed them on to the sheriff's department. We did not confirm anything. I at least had you saying that. And that's why I want to really make it a point that nobody here is ruling or considering at least not in my motion those issues. This has strictly to do with the question that's been placed before us related to convenience and necessity. And I agree with that. And I do too as the person who made the second. Yeah, I agree with that as well. Okay. All in favor? Aye. That motion passes three to two. Thank you. Okay. The housing authority and turn the mean over to the chair of the housing authority. Thank you, Mayor. I now call the San Juan Capustrano Housing Authority regular meeting of April 1, 2025 to order. The record should reflect the role call taken previously at the city council meeting. We'll go on to the consent calendar. Items on the consent calendar are considered routine and may be enacted by one vote. Does anyone wish to remove the consent calendar item for discussion or a scene for voting? Seeing no one. Is there a motion to approve the consent calendar? So moved. Second. Have a motion to second. Any discussion? No. All those in favor? Aye. It's unanimous. There are no board action items scheduled this evening. Do commissioners have any comments? The meeting is adjourned to Tuesday, May 6, 2025 at 5 p.m. for the public business session in the City Council chamber located at the community center. May I turn the meeting back over to you? Thank you. And with the meeting, we go to council action items, beginning with item H1. Madam Clerk, could you please read the title of the item? Yes, item H1 is Senate Bill 79, transit oriented development. Council member Taylor, this is yours, you want to? Yes, thank you, Mayor. I just brought this to my colleagues Thank you. Councillor McKinnon. Councillor McKinnon. Councillor McKinnon. Councillor McKinnon. Councillor McKinnon. Councillor McKinnon. Councillor McKinnon. Councillor McKinnon. Councillor McKinnon. Councillor McKinnon. Councillor McKinnon. Councillor McKinnon. Councillor McKinnon. Councillor McKinnon. Councillor McKinnon. Councillor McKinnon. Councillor McKinnon. Councillor McKinnon. the story building. My is not with housing. And I think the city has done an incredible job in the last year with the 50 permanent supportive housing units that we've just established and other projects on the way, including something of a senior housing project in in Mission Hills and proposed sometime in the future. I just think that part of the issue with Senator Scott-Wiener's bill is that they don't really discuss, they say any housing should be near a transit center, but they don't really get into the quality of the transit. I mean, you look at the people that were in my district and in Calc Member Farias' district and those people have just a tremendous issues with parking. They don't take a train to work. They work locally. They work as our gardeners, our housekeepers, our restaurant workers, all of those types of things. And I just think that there should be a level of transportation that can get them to and from work. It would certainly help them. But at 2 a.m., when a guy gets off work from being a cook or a chef or whatever in town, he doesn't get a bus ride home. He's got a walk or he has a drive. Yeah, I think that I'm glad to put that back. I think when I was commuting to Los Angeles for this consulting job that I wanted so bad, I was commuting from here to LA. And part of the difficulty is once you get to a train station, regardless of the job that you're working at, where do you get from the train station to where you want to go? I was visiting another urban city just this weekend, and it's amazing how much is located at the transportation hubs. And those cities were built. I was visiting with a woman on the subway, And I asked her if she and her husband was with her if they had a car and she looked at me like I was an idiot. And she said, why would I have a car? Right. And because she walks to the train station that she takes to her office and she walks a hundred feet into her office. And so I think regardless of the jobs that we have, there needs to be there's an aspirational goal to get us out of our cars more, which I think is noble and fantastic, but I bet he has a car, we're not as car because there's also the reality and the necessity that we can't walk from our houses to the train and from our trains to our jobs. And until we get there, it's difficult to force feed this particular on communities as delicate as San Juanca, I'm glad you brought it up. So I just hope that we could have the mayor or have a letter sent to oppose this legislation, proposed legislation, and any other comments from my colleagues. I'm happy to comment on it. Can't smell for you. I mean, it's just like every year we're adding, right? And it's almost like they wouldn't be doing this every session if there was something that we're doing that was really effective. It was working. Nothing's working, right? It seems like only ADUs have been built. I think that's where you see the increase. And I think they really need to reconsider what they're doing and how they're doing it. I think you do have to build your way out of it. But I think to my colleague, Council Member Taylor's concerns is that there's no concern for the local communities. I think we, is this city's a great example of how you can build responsibly? Because we work collaboratively as much as we can with developers. I think we can do better job if you gave us more of that responsibility and that decision-making. Because obviously the legislation that we're seeing is just not effective. And they're going to keep taking the bite at the apple instead of just trying to reassess what's going on. Thank you, Howard. Thank you. I wonder how many people have watched Dr. Shavago in the group or familiar for that matter, quite frankly, with the old Soviet Union and the soft-stalinist construct of living. There's a little hyperbole, as I speak, but really not much as we're getting there with these master-plan communities where people live in these large block structures. In these plant communities, centrally planned communities, very few people have cars and except for the Nomenclintura and the Afro-Achiics and so on, they're in the white bull of arts. But this vision of living that Senator Weiner in visions makes a lot of sense if you're from San Francisco. I suppose where we all live in large apartments and large apartment buildings and skyscrapers and we have mass transit right at our doorstep. It doesn't make sense for most of California. But that doesn't really seem to matter to Zellett frankly, like him. our current senator Blake Spear, I reached out to staff asked what her opinion was on this. She has not yet formed one. She's not offered one, according to staff. So I recommend if you're out here listening. Please contact Senator Blake Spurlet. You're up and you know that you don't want seven story buildings and Sam Montgomery without any local city council control. Because most of downtown would be subject to such buildings without any, or ability to control that which is absolutely insane. And that's really, literally, without any exaggeration what this bill says. That's what this bill says, seven stories. Welcome to W Weinerland. Holy and schnackies. Thanks. Do you want to make a motion? Yes, thank you Mayor. I'd like to move that we have a letter set of in opposition to set bill 79. Second. All in favor. Hi. Hi. That's unanimous Wait hang on a second You do a public hearing on that Do I do a public hearing on that? No. Not on a council act, Madam? No. Do you allow for public comment if anybody comes forward? Does anybody want to talk about it? Does anybody home want to talk about it? Okay. Then we're going to move on to City Council Reports. Are there any City Council Reports? Seeing none, City Manager, do you have a port? Thank you, Mr. Mayor. Just briefly, I wanted to thank all the staff and our partners and the Sheriff's Department, the North County Fire Authority for an outstanding Swalz Day event. There were over 200 Sheriff's personnel there to ensure everyone was safe. We tried some different things this year with road closures. We received very positive feedback. Great turnout with a gorgeous day in March and we will continue to assess how we can improve the event. But overall we're really pleased and I want to thank everyone involved because it takes a very large effort on behalf of so many different city departments. We're on to our next event. April 12th is a spring egg extravaganza. You'll notice the turf at Los Rio. This has not been modely and that's by design. That's we want to make sure there's plenty of good hiding spots for the eggs, for the kids that attend. And so we definitely encourage everyone to come on April 12th, bring your families, promises to be a great event. Thanks so much. Thank you. With that, we are going to adjourn for a couple weeks. Thanks for coming tonight. Cupcakes next week on time. BAM! BAM! All right. Ben's fan. Thank you, please. Dr. Brad.