Loading...
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 2 9/5/2023 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.” 3 9/5/2023 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). 4 9/5/2023 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. 5 9/5/2023 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