23-0905_CC_Minutes_Regular Meeting1 9/5/2023
MINUTES
September 5, 2023
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Hart called the Regular meeting of September 5, 2023, of the City Council of the
City of San Juan Capistrano to order at 5:25 p.m. Mayor Hart led the Pledge of
Allegiance and Council Member Taylor 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 INTRODUCED THE
FOLLOWING: Ted Rosenfeldt, Planning Commission; and Youth Advisory Board
Members.
B2. SEPTEMBER 17 – 23, 2023, PROCLAIMED AS “CONSTITUTION WEEK”
ORAL COMMUNICATIONS:
• Rowan Noonan, Youth Advisory Board; and Kathleen Harkins (no place of
residence provided).
PUBLIC HEARINGS: None.
CONSENT CALENDAR:
Council Action: Moved by Mayor Pro Tem Farias, seconded by Council Member
Campbell, and carried unanimously to approve consent calendar items E1 through E5,
as recommended by staff, with Council Member Taylor abstained from consent calendar
E5.
E1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
E2. CITY COUNCIL MINUTES – SPECIAL MEETING (EXECUTIVE SESSION) OF
AUGUST 15, 2023, APPROVED
E3. CITY COUNCIL MINUTES – REGULAR MEETING OF AUGUST 15, 2023,
APPROVED
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E4. CHECK REGISTERS FOR THE PERIOD FROM JULY 14, 2023, TO
JULY 27, 2023, RECEIVED AND FILED (300.30)
E5. CITY MANAGER AUTHORIZED TO EXECUTE AN AMENDMENT TO THE
LICENSE AGREEMENT WITH FRONTIER REAL ESTATE INVESTMENTS,
LLC, FOR OPERATION OF THE CITY-OWNED SWANNER HOUSE
PROPERTY; PROPOSED ACTION FOUND CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER THE
CLASS 1 CATEGORICAL EXEMPTION (STATE CEQA GUIDELINES, § 15301)
(600.30)
Council Member Taylor abstained because his son rents property from him and
is employed by the applicant.
ROLL CALL:
AYES: COUNCIL MEMBER: Bourne, Campbell, Farias, and Mayor Hart
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: None
ABSTAINED: COUNCIL MEMBER: Taylor
ADMINISTRATIVE ITEMS:
F1. DEVELOPMENT SERVICES
a. FIRST READING AND INTRODUCTION OF AN ORDINANCE APPROVED
ENTITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING SPECIFIC SECTIONS OF
TITLE 8 OF THE SAN JUAN CAPISTRANO REGARDING THE 2022
CALIFORNIA BUILDING CODE AND 2022 CALIFORNIA RESIDENTIAL CODE
AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT” (450.30)
Joel Rojas, Development Services Manager, provided a PowerPoint
presentation and responded to questions.
Maria Morris, City Clerk, read the title of the ordinance.
Council Action: Moved by Council Member Taylor, seconded by Council Member
Bourne, and carried unanimously to approve the first reading and introduction of
an ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SPECIFIC SECTIONS
OF TITLE 8 OF THE SAN JUAN CAPISTRANO REGARDING THE 2022
CALIFORNIA BUILDING CODE AND 2022 CALIFORNIA RESIDENTIAL CODE
AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.”
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F2. PUBLIC WORKS
a. CONSTRUCTION CONTRACT AWARDED FOR THE LOCAL STREETS
PAVEMENT REHABILITATION PROJECT (CIP 24102) TO THE LOWEST
RESPONSIBLE BIDDER, R.J. NOBLE COMPANY, IN THE AMOUNT OF
$11,953,207, CITY MANAGER AUTHORIZED TO EXECUTE THE CONTRACT
AND APPROVE CHANGE ORDERS, FOR A TOTAL CONSTRUCTION
CONTINGENCY NOT TO EXCEED $1,374,618; TRANSFER AUTHORIZED OF
PROJECT SAVINGS, ESTIMATED AT APPROXIMATELY $500,000, FROM
THE RECENTLY COMPLETED CAMINO CAPISTRANO PAVEMENT
REHABILITATION PROJECT (CIP 19102) TO THE LOCAL STREETS
PAVEMENT REHABILITATION PROJECT (CIP 24102); TRANSFER OF
SURPLUS BUDGETED FUNDS AUTHORIZED FROM THE LOCAL STREETS
PAVEMENT REHABILITATION PROJECT BUDGET, IN THE AMOUNT OF
APPROXIMATELY $2,322,174, TO THE ARIZONA CROSSING REMOVAL
(CIP 20202) AND STREAM BANK RESTORATION (CIP 20203) PROJECT
BUDGET; CITY MANAGER AUTHORIZED TO EXECUTE A
REIMBURSEMENT AGREEMENT WITH SANTA MARGARITA WATER
DISTRICT (SMWD) FOR THE ADJUSTMENT OF SMWD WATER VALVE AND
MANHOLE COVERS DURING CONSTRUCTION THE LOCAL STREETS
PAVEMENT REHABILITATION PROJECT (CIP 24102); AND PROPOSED
ACTIONS FOUND EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO THE COMMONSENSE EXEMPTION
UNDER STATE CEQA GUIDELINES, SECTION 15061(B)(3) (600.30)
Joe Parco, City Engineer, provided a PowerPoint presentation and responded to
questions. Benjamin Siegel, City Manager and Tom Toman, Public Works
Director, responded to questions.
Council Action: Moved by Mayor Pro Tem Farias, seconded by Council Member
Campbell, and carried unanimously to award a construction contract for the Local
Streets Pavement Rehabilitation Project (CIP 24102) to the lowest responsible
bidder, R.J. Noble Company, in the amount of $11,953,207, and authorize the
City Manager to execute the contract and approve change orders, for a total
construction contingency not to exceed $1,374,618; approve and authorize the
transfer of project savings, estimated at approximately $500,000, from the
recently completed Camino Capistrano Pavement Rehabilitation Project (CIP
19102) to the Local Streets Pavement Rehabilitation Project (CIP 24102);
approve and authorize the transfer of surplus budgeted funds from the Local
Streets Pavement Rehabilitation Project budget, in the amount of approximately
$2,322,174, to the Arizona Crossing Removal (CIP 20202) and Stream Bank
Restoration (CIP 20203) Project budget; approve and authorize the City Manager
to execute a Reimbursement Agreement with Santa Margarita Water District
(SMWD) for the adjustment of SMWD water valve and manhole covers during
construction the Local Streets Pavement Rehabilitation Project (CIP 24102); and
find that the proposed actions are exempt from the California Environmental
Quality Act (CEQA) pursuant to the commonsense exemption under State CEQA
Guidelines, section 15061(b)(3).
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F2b. CONSTRUCTION CONTRACT FOR THE ARIZONA CROSSING REMOVAL
(CIP 20202) AND STREAM BANK RESTORATION (CIP 20203) PROJECTS
AWARDED TO THE LOWEST RESPONSIBLE BIDDER, GRIFFITH COMPANY,
IN THE AMOUNT OF $2,996,239; CITY MANAGER AUTHORIZED TO
EXECUTE THE CONTRACT AND APPROVE CHANGE ORDERS FOR A
TOTAL CONSTRUCTION CONTINGENCY NOT TO EXCEED $449,435; CITY
MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH ECORP CONSULTING, INC. IN THE AMOUNT OF
$200,000 FOR BIOLOGICAL AND SENSITIVE HABITAT MONITORING
DURING CONSTRUCTION OF THE PROPOSED PROJECT, AND FORMAL
BIDDING PROCESS WAIVED PURSUANT TO MUNICIPAL CODE SECTION
3-4.306(E)(3); AND SAID ACTIONS FOUND NOT HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT BASED ON THE MITIGATED NEGATIVE
DECLARATION/MITIGATION MONITORING REPORTING PROGRAM THAT
WAS PREPARED IN ACCORDANCE WITH CEQA FOR THE PROPOSED
DRAINAGE IMPROVEMENTS AND RESTORATION ACTIVITIES AT THE
RANCHO MISSION VIEJO RIDING PARK AND ADOPTED BY THE CITY
COUNCIL ON MARCH 17, 2020 (600.30)
Joe Parco, City Engineer, provided a PowerPoint presentation and responded to
questions.
Council Action: Moved by Council Member Taylor, seconded by Council Member
Bourne, and carried unanimously to award a construction contract for the Arizona
Crossing Removal (CIP 20202) and Stream Bank Restoration (CIP 20203)
Projects to the lowest responsible bidder, Griffith Company, in the amount of
$2,996,239, and authorize the City Manager to execute the contract and approve
change orders for a total construction contingency not to exceed $449,435;
approve and authorize the City Manager to execute a Professional Services
Agreement with ECORP Consulting Inc. in the amount of $200,000 for biological
and sensitive habitat monitoring during construction of the proposed project, and
waive the formal bidding process pursuant to Municipal Code Section 3-
4.306(e)(3); and find that said actions will not have a significant effect on the
environment based on the Mitigated Negative Declaration/Mitigation Monitoring
Reporting Program that was prepared in accordance with CEQA for the proposed
drainage improvements and restoration activities at the Rancho Mission Viejo
Riding Park and adopted by the City Council on March 17, 2020.
SAN JUAN CAPISTRANO HOUSING AUTHORITY (Refer to Housing Authority
Minutes)
SUCCESSOR AGENCY TO THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY (Refer to Successor Agency Minutes)
COUNCIL ACTION ITEMS: None.
CITY COUNCIL REPORTS: None.
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CITY MANAGER REPORT: None.
ADJOURNMENT:
There being no further business Mayor Hart adjourned the meeting at
6:39 p.m. to Tuesday, September 19, 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: September 19, 2023
ATTEST:
___________________________
HOWARD HART, MAYOR