16-1101_CC_Minutes_Regular MeetingMINUTES
November 1, 2016
SAN JUAN CAPISTRANO CITY COUNCIL
REGULAR MEETING
BUSINESS SESSION:
Mayor Patterson called the Regular Meeting of November 1, 2016, of the
City Council of the City of San Juan Capistrano to order at 5:14 p.m. in the
City Council Chamber. Council Member Perry led the Pledge of Allegiance and
Council Member Allevato gave the invocation.
ROLL CALL:
COUNCIL MEMBERS PRESENT: Mayor Pam Patterson, Esq., Mayor pro tem
Kerry K. Ferguson, and Council Members Derek Reeve and Sam Allevato.
COUNCIL MEMBERS ABSENT: John M. Perry.
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were not necessarily heard in that order.
CITY CLERK ANNOUNCEMENT: Per Assembly Bill 23, Maria Morris, City Clerk,
announced that each Housing Authority Board Member are receiving a $50.00 stipend
for conducting the Housing Authority meeting.
CITY COUNCIL REPORTS:
• Mayor pro tem Ferguson reported on the following: attending Our Father's Table
Ribbon Cutting Ceremony.
• Council Member Allevato on the following: attending Reata Glenn Retirement
Community's Groundbreaking Ceremony.
• Mayor Patterson reported on the following: attending a Baby Shower for the
City's adopted First Battalion, 11th Marine Regiment at Camp Pendleton.
INTRODUCTIONS AND PRESENTATIONS:
B1. MAYOR PRO TEM FERGUSON INTRODUCED THE FOLLOWING
INDIVIDUALS IN ATTENDANCE: Gerald Muir, Parks, Recreation, Senior and
Youth Services Commission, Design Review Committee, and Youth Advisory
Board; Ron Denman, Robert Parks, and Thomas Perrin, Parks, Recreation,
Senior and Youth Services Commission; and Nathan Banda, Cultural Heritage
Commission.
B2. NOVEMBER 17, 2016, PROCLAIMED AS WORLD PANCREATIC CANCER
DAY (610.40)
B3. NOVEMBER PROCLAIMED AS NATIVE AMERICAN HERITAGE MONTH
(610.40)
B4. PFM PROVIDED A PRESENTATION ON THE STATUS OF THE CITY'S
INVESTMENT PORTFOLIO (350.10)
B5. CITY EMERGENCY MANAGEMENT PROGRAM PRESENTATION PROVIDED
BY JACOB GREEN, ASSISTANT CITY MANAGER (610.40)
ORAL COMMUNICATIONS:
Public Comments: Robert Parks, Parks, Recreation, Senior and Youth Services
Commissioner; Frank Larkin, City resident; Thomas Perrin, City resident;
Sarah Hopkin, City resident; Monique Rea, City resident; Kathy Hooper,
City resident; Ashley Bloodgood, City resident; Richard Gardner, Capistrano
Beach resident; Brian Mclnerey, City resident; Steve Behmerwohld,
City resident; Clint Worthington, City resident; and Larry Kramer, City resident.
CONSENT CALENDAR:
Council Action: Moved by Council Member Reeve, seconded by Council Member
Allevato, and carried 4-0 with Council Member Perry absent to approve consent
calendar items 1 through 7, and 9 through 12, as recommended by staff with,
Mayor Patterson abstaining from consent calendar 2; and, Mayor pro tem Ferguson
abstaining from consent calendar item 5.
D1. MOTION TO READ ORDINANCE BY TITLE ONLY, APPROVED.
D2. CITY COUNCIL MINUTES — SPECIAL MEETING OF OCTOBER 17, 2016,
(EL NIDO MOBILE HOME ESTATES RENT CONTROL HEARING), APPROVED
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Allevato and Mayor pro tem Ferguson
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Perry
ABSTAINED: COUNCIL MEMBER: Mayor Patterson
D3. CITY COUNCIL MINUTES — SPECIAL MEETING OF OCTOBER 18, 2016,
(CLOSED SESSION), APPROVED
D4. CITY COUNCIL MINUTES — REGULAR MEETING OF OCTOBER 18, 2016,
APPROVED
D5. ELECTRONIC TRANSACTIONS AND CHECKS DATED SEPTEMBER 30, 2016,
TO OCTOBER 13, 2016; PAYROLL (CHECK) DATED OCTOBER 7, 2016, AND
PAYROLL (DIRECT DEPOSITS) DATED OCTOBER 7, 2016, RECEIVED AND
FILED (330.30)
Mayor pro tem Ferguson abstained to any checks paid to Excel Electric, due to
proximity to her residence.
ROLL CALL:
AYES: COUNCIL MEMBER: Reeve, Allevato and Mayor Patterson
NOES: COUNCIL MEMBER: None
ABSENT: COUNCIL MEMBER: Perry
ABSTAINED: COUNCIL MEMBER: Mayor pro tem Ferguson
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D6. CLAIM OF JEFFREY SCOTT HART DENIED BASED ON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
D7. RESOLUTION NO. 16-11-01-01 ADOPTED ENTITLED "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
WAIVE THE FORMAL REQUEST FOR PROPOSAUREQUEST FOR
QUALIFICATION BID (RFP/RFQ) PROCESS AS A NON COST-EFFECTIVE
APPROACH, AND AUTHORIZING STAFF TO PROCEED WITH AN
AMENDMENT TO THE EXISTING MAINTENANCE SERVICES AGREEMENT
WITH E. STEWART AND ASSOCIATES, INC., FOR WEED, RUBBISH,
WINTER PREPARATION, AND THISTLE ABATEMENT;" AND CITY MANAGER
AUTHORIZED TO EXECUTE AN AMENDMENT TO THE EXISTING
MAINTENANCE SERVICES AGREEMENT WITH E. STEWART AND
ASSOCIATES, INC., FOR WEED, RUBBISH, AND THISTLE ABATEMENT,
AND WINTER PREPARATION SERVICES AT THE CURRENT UNIT PRICING
NOT TO EXCEED $240,000 ANNUALLY FOR AN ADDITIONAL TWO YEAR
TERM, WITH TWO, ONE-YEAR OPTIONAL EXTENSIONS (600.30)
D8. CITY MANAGER AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1 IN THE
AMOUNT OF $98,650 TO INSTALL ELECTRICAL CONDUIT BY TRENCHING
FOR THE TRAFFIC SIGNAL INSTALLATION AT RANCHO VIEJO ROAD AND
PASEO ESPADA; AND, APPROVE AN APPROPRIATION OF $80,680
FROM THE CAPISTRANO CIRCULATION FEE PROGRAM TO INCREASE
THE BUDGET FOR CIP 15101 FROM $378,970 TO $459,650 WITH
INTERNATIONAL LINE BUILDERS, INC. (600.30)
George Alvarez, City Engineer, responded to questions.
Public Comments: Scott Hunter, City resident; and Monique Rea,
City resident (did not speak, but instead registered her position for the
record).
Council Action: Moved by Council Member Reeve, seconded by Mayor pro tem
Ferguson, and carried 3-1-0 with Council Member Allevato opposed and
Council Member Perry absent to authorize the City Manager to execute Change
Order No. 1 in the amount of $98,650 to install electrical conduit by trenching for
the traffic signal installation at Rancho Viejo Road and Paseo Espada; and,
approve an appropriation of $80,680 from the Capistrano Circulation Fee
Program to increase the budget for CIP 15101 from $378,970 to $459,650 with
International Line Builders, Inc.
ROLL CALL:
AYES:
COUNCIL MEMBER: Reeve, Ferguson and Mayor Patterson
NOES:
COUNCIL MEMBER: Allevato
ABSENT:
COUNCIL MEMBER: Perry
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D9. CITY MANAGER AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1 TO
THE CONSTRUCTION CONTRACT WITH R.J. NOBLE COMPANY FOR
ADDITIONAL STREET RESURFACING AND REPAIR WORK ASSOCIATED
WITH THE LOCAL STREETS PAVEMENT REHABILITATION PROJECT FOR
AN ADDITIONAL AMOUNT OF $155,475, AND A TOTAL CONTRACT AMOUNT
OF $948,781 (CIP 16105) (600.30)
D10. CITY MANAGER AUTHORIZED TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH SSC ENGINEERING, INC., FOR DESIGN OF THE
CAPISTRANO ROYAL PUMP STATION REHABILITATION PROJECT
(CIP 17804), IN THE AMOUNT NOT TO EXCEED $51,700 (600.30)
D11. STAFF AND THE CITY'S SOUTH ORANGE COUNTY WASTEWATER
AUTHORITY (SOCWA) BOARD REPRESENTATIVE DIRECTED TO REMAIN
ENGAGED IN DISCUSSION WITH THE SOCWA BOARD OF DIRECTORS
AND MEMBER AGENCIES ON THE ISSUE OF PROPOSED REVISIONS TO
MEMBER AGENCIES' VOTING RIGHTS; AND, STAFF DIRECTED TO
RETURN TO THE CITY COUNCIL WITH ANY PROPOSED AMENDMENTS TO
THE COOPERATIVE AGREEMENT AMONG SOCWA MEMBER AGENCIES
(1040.60).
D12. CITY MANAGER AUTHORIZED TO EXECUTE A STANDARD FORM
PROFESSIONAL SERVICES AGREEMENT WITH UTILITY COST
MANAGEMENT, LLC, FOR AN AUDIT OF THE CITY'S ELECTRICAL
ACCOUNTS TO IDENTIFY COST SAVINGS OPPORTUNITIES, AND DIRECT
STAFF TO RETURN TO THE CITY COUNCIL WITH RECOMMENDATIONS
UPON COMPLETION OF THE ELECTRIC ACCOUNT AUDIT (600.30)
PUBLIC HEARINGS: None.
ADMINISTRATIVE ITEMS:
F1. CITY CLERK
a. CONSIDERATION OF CITY COUNCIL TERM LIMITS (630.40) — CONTINUED
TO NOVEMBER 15, 2016
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)
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COUNCIL ACTION ITEMS:
CONSIDERATION OF AMENDMENT TO CITY COUNCIL POLICY 130 —
RULES OF ORDER AND PROCEDURES (610.30) — ITEM REMOVED FROM
THE AGENDA
• Public Correspondence: Tom Ostensen, City resident.
12. DISCUSSION AND POSSIBLE ACTION REGARDING REMOVING
COMMISSIONER ROBERT PARKS FROM THE PARKS, RECREATION,
SENIOR AND YOUTH SERVICES COMMISSION (110.10) — CONTINUED TO
NOVEMBER 15, 2016
• Public Correspondence: Katherine Holman, Ortega Equestrian Center;
and, Tom Ostensen, City resident.
ADJOURNMENT:
There being no further business Mayor Patterson adjourned the meeting at 6:51 p.m.
to Tue day, November 15, 2016, at 4:00 p.m. for Closed Session, and 5:00 p.m. for the
public Pusil) ss Session, in the City Council Chamber.
submitted,
Approved: November 15, 2016
ATTE T:
PAM PATTERSON, ESO., M R
11/1/2016