23-0221_CC_Minutes_Regular Meeting1 2/21/2023
MINUTES
February 21, 2023
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Hart called the Regular Meeting of February 21, 2023, of the City Council of the
City of San Juan Capistrano to order at 5:03 p.m. Mayor Hart led the Pledge of
Allegiance and Council Member Bourne gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Howard Hart, Mayor Pro Tem Sergio Farias,
and Council Members Troy Bourne, John Taylor, and John Campbell.
COUNCIL MEMBERS ABSENT: None.
Agenda items are presented in the originally agendized format for the benefit of the
minutes’ reader but were not necessarily heard in that order.
INTRODUCTIONS:
B1. COMMISSIONER INTRODUCTION: MAYOR PRO TEM FARIAS
INTRODUCED THE FOLLOWING: Ted Rosenfeldt, Parks, Equestrian,
Community Services Commission.
ORAL COMMUNICATIONS:
• Frank Larkin, City resident; and Tubaloo Band.
PUBLIC HEARINGS: None.
CONSENT CALENDAR:
Council Action: Moved by Council Member Campbell, seconded by Council Member
Taylor, and carried unanimously to approve consent calendar items E1 through E11, as
recommended by staff, with Council Member Bourne abstained from consent E11.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. MOTION FINDING THAT CONDUCTING TELEPHONIC/VIRTUAL MEETINGS
FOR CLOSED SESSION AND REGULAR MEETINGS AS ALLOWED PER
ASSEMBLY BILL 361, PROMOTES SOCIAL DISTACING DURING THE
COVID-19 PANDEMIC, APPROVED
E3. CITY COUNCIL MINUTES – REGUALR MEETING (EXECUTIVE SESSION) OF
FEBRUARY 7, 2022, APPROVED
E4. CITY COUNCIL MINUTES – REGUALR MEETING OF FEBRUARY 7, 2022,
APPROVED
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E5. CHECK REGISTERS FOR THE PERIOD FROM JANUARY 13, 2023, TO
JANUARY 26, 2023, RECEIVED AND FILED (300.30)
E6. CASH AND INVESTMENTS REPORT FOR THE MONTH ENDED
NOVEMBER 30, 2022 (330.50)
E7. CITY MANAGER AUTHORIZED TO EXECUTE A SERVICE AGREEMENT
WITH GRANICUS, INC., TERM ENDING MARCH 6, 2025, FOR MONTHLY
MANAGED WEBCASTING MEDIA SOLUTION SERVICES (600.30)
E8. NEW DEVELOPMENT APPLICATION STATUS REPORT, RECEIVED AND
FILED (440.10)
E9. CITY MANAGER AUTHORIZED TO EXECUTE A MAINTENANCE SERVICES
AGREEMENT WITH GREEK CONCRETE, INC., TO PROVIDE CONCRETE
INFRASTRUCTURE, SIDEWALK, AND CURB AND GUTTER MAINTENANCE
AND REPAIR SERVICES FOR A THREE-YEAR AGREEMENT PERIOD
COMMENCING ON MARCH 1, 2023, AND ENDING ON FEBRUARY 28, 2026,
WITH THREE ONE-YEAR OPTIONAL EXTENSIONS, FOR AN ANNUAL
AMOUNT NOT-TO-EXCEED THE AMOUNT OF AVAILABLE FUNDING IN THE
ANNUAL OPERATIONS AND CAPITAL IMPROVEMENT BUDGETS FOR THIS
SERVICE (600.30)
E10. CITY MANAGER AUTHORIZED TO EXECUTE A LETTER OF SUPPORT FOR
OCTA’S COASTAL RAIL CORRIDOR RELOCATION STUDY IN SOUTHERN
ORANGE (800.10)
E11. CITY MANAGER AUTHORIZED TO EXECUTE A LANDSCAPE
MAINTENANCE AGREEMENT WITH LENNAR HOMES OF CALIFORNIA, INC.
FOR THE CONSTRUCTION AND MAINTENANCE OF LANDSCAPE AND
IRRIGATION IMPROVEMENTS LOCATED WITHIN THE PUBLIC RIGHT-OF-
WAY THAT SERVES AS PUBLIC BENEFIT ADJACENT TO TRACT 19063;
CITY CLERK DIRECTED TO RECORD THE LANDSCAPE MAINTENANCE
AGREEMENT WITH THE COUNTY OF ORANGE; AND, RECOMMENDED
ACTION FOUND EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO THE COMMONSENSE EXEMPTION
UNDER STATE CEQA GUIDELINES, SECTION 15061(B)(3) (600.30)
Council Member Bourne abstained due to prior business relationship.
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ADMINISTRATIVE ITEMS:
F1. CITY MANAGER
a. CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, SUBSTANTIALLY
IN THE FORM ATTACHED, WITH TERM ENDING DECEMBER 31, 2026, WITH
TWO OPTIONAL ONE-YEAR EXTENSIONS BY MUTUAL AGREEMENT, WITH
FRONTIER REAL ESTATE INVESTMENTS, LLC, FOR OPERATION OF THE
CITY-OWNED SWANNER HOUSE PROPERTY; AND FIND THAT THE
PROPOSED ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER THE CLASS 1 CATEGORICAL
EXEMPTION (STATE CEQA GUIDELINES, § 15301) (600.30)
Council Member Taylor recused himself because his son, Harrison Taylor, rents
property from Council Member Taylor and is an employee of Frontier and left the
Council Chamber.
Matisse Reischl, Assistant to the City Manager, provided a PowerPoint
presentation and responded to questions.
• Public Comments: Jim Adams, City resident.
COUNCIL ACTION: MOVED BY MAYO PRO TEM FARIAS, SECONDED BY
COUNCIL MEMBER BOURNE, AND CARRIED UNANIMOUSLY TO
AUTHORIZE THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT,
SUBSTANTIALLY IN THE FORM ATTACHED, WITH TERM ENDING
DECEMBER 31, 2026, WITH TWO OPTIONAL ONE-YEAR EXTENSIONS BY
MUTUAL AGREEMENT, WITH FRONTIER REAL ESTATE INVESTMENTS,
LLC, FOR OPERATION OF THE CITY-OWNED SWANNER HOUSE
PROPERTY; AND FIND THAT THE PROPOSED ACTION IS CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER THE
CLASS 1 CATEGORICAL EXEMPTION (STATE CEQA GUIDELINES, § 15301).
F2. PUBLIC WORKS
a. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH ADAMS STREETER CIVIL ENGINEERS INC. TO
PERFORM DESIGN SERVICES, PREPARE SPECIFICATIONS AND COST
ESTIMATES FOR THE LOCAL STREETS PAVEMENT REHABILITATION
PROJECT (CIP 24102), FOR AN AMOUNT NOT TO EXCEED $454,000,
WHICH INCLUDES A 25% CONTINGENCY; APPROVE BUDGET TRANSFER
OF $600,000 IN SYSTEMS DEVELOPMENT FUNDS FROM THE CAMINO
CAPISTRANO PAVEMENT REHABILITATION PROJECT (CIP 19102) TO THE
LOCAL STREETS PAVEMENT REHABILITATION PROJECT (CIP 24102) TO
ADVANCE DESIGN SERVICES; STAFF AUTHORIZED TO ADVERTISE AND
RECEIVE CONSTRUCTION BIDS FOR THE LOCAL 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)
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Tom Toman, Public Works Director, provided a PowerPoint presentation and
responded to questions.
Council Action: Moved by Council Member Bourne, seconded by Council
Member Campbell, and carried unanimously to authorize the City Manager to
execute a Professional Services Agreement with Adams Streeter Civil Engineers
Inc. to perform design services, prepare specifications and cost estimates for the
Local Streets Pavement Rehabilitation Project (CIP 24102), for an amount not to
exceed $454,000, which includes a 25% contingency; approve budget transfer
of $600,000 in Systems Development Funds from the Camino Capistrano
Pavement Rehabilitation Project (CIP 19102) to the Local Streets Pavement
Rehabilitation Project (CIP 24102) to advance design services; authorize staff to
advertise and receive construction bids for the Local Streets Pavement
Rehabilitation Project once plans and specifications are complete; and, find that
the proposed action is exempt from the California Environmental Quality Act
(CEQA) pursuant to the commonsense exemption under State CEQA
Guidelines, section 15061(b)(3).
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS: None.
CITY COUNCIL REPORTS: None.
CITY MANAGER REPORT: None.
ADJOURNMENT:
There being no further business Mayor Hart adjourned the meeting at
5:47 p.m. to Tuesday, March 7, 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: March 7, 2023
ATTEST:
___________________________
HOWARD HART, MAYOR