23-0919_CC_Minutes_Regular Meeting1 9/19/2023
MINUTES
September 19, 2023
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Hart called the Regular meeting of September 19, 2023, of the City Council of
the City of San Juan Capistrano to order at 5:11 p.m. City Council Member Bourne led
the Pledge of Allegiance and Mayor Hart gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Howard Hart, Mayor Pro Tem Sergio Farias,
and Council Members Troy Bourne, John Taylor, and John Campbell.
COUNCIL MEMBERS ABSENT: None.
Agenda items are presented in the originally agendized format for the benefit of the
minutes’ reader but were not necessarily heard in that order.
INTRODUCTIONS:
B1. COMMISSIONER INTRODUCTION – MAYOR PRO TEM FARIAS
INTRODUCED: Ted Rosenfeldt and Tami Wilhelm, Planning Commission;
Anna Dickinson, Cultural Heritage Commission; former Mayor Joe Soto; and
former Chief Financial Officer Cindy Russell.
B2. LETI TORRES, COMMUNITY SERVICES OFFICER RECOGNIZED FOR
30 YEARS OF SERVICES
B3. SEPTEMBER 2023, DESIGNATED AS “SERVICE CLUBS MONTH”
ORAL COMMUNICATIONS:
•Frank Larkin, City resident; Ted Rosenfeldt, City resident; and
Steve Behmerwohld, City resident.
PUBLIC HEARINGS:
D1. RESOLUTION NO. 23-09-19-01 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DENYING THE APPEAL OF THE PLANNING COMMISSION’S
ADOPTION OF RESOLUTION 23-07-26-01, AND APPROVING OF A TIME
EXTENSION OF GRADING PLAN MODIFICATION (GPM) 19-023 AND
CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION RELATED TO A
TWELVE-MONTH TIME EXTENSION OF ENTITLEMENTS GRANTED VIA
PLANNING COMMISSION RESOLUTION 22-04-13-02 AND CITY COUNCIL
RESOLUTION 22-06-21-01. THE PROJECT APPROVAL ALLOWS FOR
GRADING ON A VACANT PARCEL TO ACCOMMODATE A NEW SINGLE-
FAMILY RESIDENCE ASSESSOR PARCEL NUMBERS 675-081-11 AND 675-
081-25 (APPLICANT: RRM DESIGN GROUP, MATTHEW OTTOSON)” (420.60)
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•Public Correspondence: Cory Briggs, Briggs Law Corporation.
Council Member Campbell recused himself and left the Council Chamber. He
was involved with both the applicant and appellant in seeking a solution to the
appeals.
Laura Stokes, Principal Planner, provided a PowerPoint presentation and
responded to questions. Joel Rojas, Development Services Director, responded
to questions.
Mayor Hart opened the public hearing.
•Public Testimony: Matthew Ottoson, RRM Design Group & Eddie Herrera,
EHD Studio, Inc., representing the Applicant; Doug Main, Pacifica San Juan
HOA Board Member, Appellant; and Bill Roberts, City resident.
Mayor Hart closed the public hearing.
Council Action: Moved by Mayor Pro Tem Farias, seconded by Council Member Bourne, and carried 4-0 with Council Member Campbell recused to adopt RESOLUTION NO. 23-09-19-01 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING THE APPEAL OF THE PLANNING COMMISSION’S ADOPTION OF RESOLUTION 23-07-26-01, AND APPROVING OF A TIME EXTENSION OF GRADING PLAN MODIFICATION (GPM) 19-023 AND CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION RELATED TO A TWELVE-MONTH TIME EXTENSION OF ENTITLEMENTS GRANTED VIA PLANNING COMMISSION RESOLUTION 22-04-13-02 AND CITY COUNCIL RESOLUTION 22-06-21-01. THE PROJECT APPROVAL ALLOWS FOR GRADING ON A VACANT PARCEL TO ACCOMMODATE A NEW SINGLE-FAMILY RESIDENCE ASSESSOR PARCEL NUMBERS 675-081-11 AND 675-081-25 (APPLICANT: RRM DESIGN GROUP, MATTHEW OTTOSON).
ROLL CALL:
AYES: COUNCIL MEMBERS: Bourne, Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
RECUSED: COUNCIL MEMBERS: Campbell
D2. RESOLUTION NO. 23-09-19-02 ADOPTED ENTITLED “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DENYING THE APPEAL OF THE DESIGN REVIEW
COMMITTEE’S MINISTERIAL APPROVAL OF BUILDING PERMIT B 23-0700
AND CONFIRMING ISSUANCE OF A CLASS 32 CATEGORICAL EXEMPTION
FOR INFILL DEVELOPMENT RELATED TO THE DESIGN REVIEW
COMMITTEE’S APPROVAL OF B 23-0700 FOR A SINGLE-FAMILY
RESIDENCE ON A VACANT PARCEL ASSESSOR PARCEL NUMBERS 675-
081-11 AND 675-081-25 (APPLICANT: RRM DESIGN GROUP, MATTHEW
OTTOSON).”
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•Public Correspondence: Cory Briggs, Briggs Law Corporation.
Council Member Campbell recused himself and left the Council Chamber. He
was involved with both the applicant and appellant in seeking a solution to the
appeals.
Laura Stokes, Principal Planner, provided a PowerPoint presentation and
responded to questions.
Mayor Hart opened the public hearing.
•Public Testimony: Matthew Ottoson, RRM Design Group & Eddie Herrera,
EHD Studio, Inc., representing the Applicant; Doug Main, Pacifica San Juan
HOA Board Member, Appellant; and Bill Roberts, City resident.
Mayor Hart closed the public hearing.
Council Action: Moved by Council Member Bourne, seconded by
Council Member Taylor, and carried 4-0 with Council Member Campbell recused
to adopt RESOLUTION NO. 23-09-19-02 entitled “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DENYING THE APPEAL OF THE DESIGN REVIEW COMMITTEE’S
MINISTERIAL APPROVAL OF BUILDING PERMIT B 23-0700 AND
CONFIRMING ISSUANCE OF A CLASS 32 CATEGORICAL EXEMPTION FOR
INFILL DEVELOPMENT RELATED TO THE DESIGN REVIEW COMMITTEE’S
APPROVAL OF B 23-0700 FOR A SINGLE-FAMILY RESIDENCE ON A
VACANT PARCEL ASSESSOR PARCEL NUMBERS 675-081-11 AND 675-081-
25 (APPLICANT: RRM DESIGN GROUP, MATTHEW OTTOSON).”
ROLL CALL:
AYES: COUNCIL MEMBERS: Bourne, Taylor, Farias, and Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
RECUSED: COUNCIL MEMBERS: Campbell
CONSENT CALENDAR:
Council Action: Moved by Council Member Taylor, seconded by Council Member
Campbell, and carried unanimously to approve consent calendar items E1 through E10,
as recommended by staff.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES – SPECIAL MEETING (EXECUTIVE SESSION) OF
SEPTEMBER 5, 2023, APPROVED
E3. CITY COUNCIL MINUTES – REGULAR MEETING OF SEPTEMBER 5, 2023,
APPROVED
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E4. CHECK REGISTERS FOR THE PERIOD FROM JULY 28, 2023, THROUGH
AUGUST 10, 2023, RECEIVED AND FILED (300.30)
E5. CASH AND INVESTMENT REPORT FOR THE MONTH ENDED
JUNE 30, 2023, RECEIVED AND FILED (330.50)
E6. OPERATING BUDGET FOR FISCAL YEAR 2023-24 AMENDED TO
CONTINUE THE APPROPRIATION OF UNEXPENDED FUNDS FOR
PROJECTS AND ACTIVITIES THAT WERE BUDGETED IN FISCAL YEAR
2022-23, BUT WERE NOT COMPLETED BY YEAR END, AS SET FORTH IN
ATTACHMENTS 1 AND 2 OF THE AGENDA REPORT; AND SCHEDULE OF
CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET CARRYOVERS FROM
FISCAL YEAR 2022-23, AS SET FORTH IN ATTACHMENT 3 OF THE
AGENDA, RECEIVED AND FILE (330.20)
E7. CITY MANAGER AUTHORIZED TO SIGN AMENDMENT NO. 1 TO THE
AGREEMENT WITH HDL COMPANIES FOR SALES TAX CONSULTING
SERVICES (600.30)
E8. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
E9. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH ADAMS STREETER CIVIL ENGINEERS, INC. TO
PERFORM DESIGN SERVICES, PREPARE SPECIFICATIONS AND COST
ESTIMATES FOR THE ARTERIAL STREETS PAVEMENT REHABILITATION
PROJECT (CIP 24108), FOR AN AMOUNT NOT TO EXCEED $582,125,
WHICH INCLUDES A 10% CONTINGENCY; STAFF AUTHORIZED TO
ADVERTISE AND RECEIVE CONSTRUCTION BIDS FOR THE ARTERIAL
STREETS PAVEMENT REHABILITATION PROJECT ONCE PLANS AND
SPECIFICATIONS ARE COMPLETE; AND PROPOSED ACTION FOUND
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO THE COMMONSENSE EXEMPTION UNDER STATE CEQA
GUIDELINES, SECTION 15061(B)(3) (600.30)
E10. DONATION FROM SAN JUAN CAPISTRANO LITTLE LEAGUE TO DESIGN,
PURCHASE AND INSTALL A SCOREBOARD FOR THE SAN JUAN
CAPISTRANO SPORTS PARK FIELD 4, APPROVED; AND PROPOSED
ACTION FOUND EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION
15601(B)(3) (150.65)
ADMINISTRATIVE ITEMS: None.
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS: None.
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CITY COUNCIL REPORTS:
•Mayor Hart announced attending the following: 5th District Mayor’s Forum;
and Orange County Transportation Authority Mayor’s Forum.
CITY MANAGER REPORT: Benjamin Siegel, City Manager announced upcoming
City events.
ADJOURNMENT:
There being no further business Mayor Hart adjourned the meeting at
6:53 p.m. to Tuesday, October 3, 2023, at 3:00 p.m. for an Executive Session, and 5:00
p.m. for the public Business Session, in the City Council Chamber at the Nydegger
Building – 31421 La Matanza Street.
Respectfully submitted,
___________________________
MARIA MORRIS, CITY CLERK
Approved: October 3, 2023
ATTEST:
___________________________
HOWARD HART, MAYOR