96-0510_CC_Minutes_Adjourned RegularMAY 10, 1996
' ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California,
was called to order by Mayor Hart at 12:04 p.m. in the City Council Chamber to meet with
Assemblyman Morrow and discuss issues of concern.
CITY COUNCIL PRESENT: Wyatt Hart, Mayor
David M. Swerdlin, Mayor pro tem
Gil Jones, Council Member
Carolyn Nash, Council Member
ABSENT: Collene Campbell, Council Member
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
William M. Huber, Director of Engineering and Building Services; Cynthia L. Pendleton, Director
of Administrative Services; Ray Auerbach, General Manager of the Capistrano Valley Water District.
ADDITIONAL
SPECIFICATIONS AND CALL FOR BIDS -A;• OFA
SPORTS PARK MONUMENT SIGNS (210,40)
The City Manager advised that the Sports Park Ad Hoc Committee had met on the evening
of May 9, 1996 and had concurred that it would be appropriate for the Sports Park monument
signs to be installed by the time of the Grand Opening, scheduled for July 4, 1996. In order
to do that, staff needed to proceed as quickly as possible and the Committee had requested
that the City Council authorize the City Manager to take certain actions to move the project
expeditiously.
Inclusion of Item for Consideration:
It was moved by Council Member Nash, seconded by Council Member Jones and
unanimously carried, with Council Member Campbell absent, to find that this item was not
available prior to publication of the Agenda and consideration was necessary at this time.
Direction to City Manager:
It was moved by Council Member Nash, seconded by Council Member Jones and
unanimously carried, with Council Member Campbell absent, to authorize the City Manager
to: (1) approve the plans and specifications; (2) advertise for bids; (3) award the contract to
' the lowest responsible bidder; and, (4) return to the City Council after the award of contract
for Council ratification of his action.
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ORAL COMMUNICATIONS - None
Council recessed at 12:10 p.m., to await the arrival of Assemblyman Morrow, and reconvened at
12:21 p.m. with Assemblyman Bill Morrow and District Coordinator Betty Anderson in attendance.
WELCOME AND INTRODUCTIONS
Mayor Hart introduced and welcomed Assemblyman Morrow and Ms. Anderson.
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VETERANS'ISSUES
Ms. Anderson clarified that the item had been included on the agenda to receive comments
from the City on veterans issues. She stated that local veterans had contacted Assemblyman
Morrow regarding the need for a permanent meeting place. Mayor Hart advised that on
May 7, 1996, the City Council had renamed a park Descanso Veterans Park. He further
noted that the Dance Hall may become available when senior programs move to the
Community Center and the City will be reviewing the possibility of offering that building to
the VFW and American Legion as a permanent site. The City Council will also be considering
suggestions for monument recognition when the downtown historic park has been completed.
Assemblyman Morrow advised that this Bill would change the Health and Safety Code to
allow occupancy based on rooms designed for sleeping purposes. The Bill's intent was to
give tools to local agencies to solve their problems. He provided a status of the Bill and will
provide the City with a list of contacts to lobby.
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Assemblyman Morrow considered the foregoing three bills to be Tort Reform bills since they
were intended to limit cities' liability in those specific areas. He provided background
information and the current status of the bills.
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The meeting recessed at 1:07 p.m., and reconvened at 1:28 p.m., with Council Member Jones absent.
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Bill Huber, Engineering and Building Director, provided a status report on the City's work
in repairing flood damage to the San Juan Creek and FEMA's response to the City's claims.
Ms. Anderson offered to assist the City with FEMA claims by contacting Congressman
Packard on behalf of the City. She suggested a joint letter could be prepared to FEMA.
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Ray Auerbach noted that the Capistrano Valley Water District had not been mentioned in this
bill as an agency that would be considered for consolidation. There would be little direct
impact to the District, but neighboring water and sewer agencies would be directly impacted.
He noted the District was a member of some of the neighboring agencies and expressed
concern about the District's ability to deal with the proposed "super -agency" that could be
created.
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Richard Denhalter noted that the City had been involved in litigation relating to control of
vendors in residential neighborhoods. He advised that in 1985 the Legislature removed one
' sentence from Vehicle Code Section 22455 which ultimately pre-empted the local agency's
ability to regulate vending from a vehicle upon a public street. He recommended that the
original language be restored as follows: "An ordinance or resolution adopted pursuant to this
subdivision may prohibit vending from a vehicle upon a street." Assemblyman Morrow felt
this area should be strictly under local control. He offered to obtain background relating to
why the sentence had been removed and to research ways that language could be re-inserted.
George Scarborough noted that present law provides immunities for natural conditions in
unimproved public property; however, that immunity disappears when improvements are
made. Mr. Scarborough stressed the need for legislation to retain immunity. Assemblyman
Morrow stated support for anything that provided immunity for public entities. He advised
he would research ways to introduce such legislation for either this year or next.
This bill would modify language associated with a grant program currently administered by
the Office of Criminal Justice Planning. If approved, local cities, law enforcement agencies
and library districts would be eligible to compete for grant funding for gang prevention
programs. Assemblyman Morrow felt this was something be would be supporting.
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Mayor Hart presented his idea that a bill could be introduced wherein the government would
pay the private sector to raise species that had been placed on the endangered list, which he
felt would result in the removal of that species from the endangered list.
PLEDGE OF ALLEGIANCE/SADDLEBACK COLLEGE
Council Member Swerdlin noted that the newly -elected Saddleback College Student
Government President ran on a platform of re-establishing the Pledge of Allegiance. Council
Member Swerdlin suggested there should be legislation requiring any elected body using
public funds to take a pro -active approach to the Pledge of Allegiance, or to urge or
recommend inclusion of the Pledge of Allegiance on meeting agendas. Assemblyman Morrow
advised he would request the Legislative Analyst to look into the matter and review any
current legislation on the issue. However, although he supported including the Pledge of
Allegiance at public meetings, he was hesitant to support a mandate.
Mayor Hart provided an update on the City's experience leading to the ordinance insuring the
humane treatment of animals in rodeos. He noted the City had a lot of information to share
should Assemblyman Morrow's office need it.
COUNCIL COMMENTS
Council Member Nash expressed concerns regarding: (1) bills coming through to break up the South
Coast Air Quality Management District; (2) a bill sponsored by Oberg and Johannson that would
eliminate CEQA protection and reduce public review of public agency projects; and, (3) a bill
sponsored by Miller and Margett which would eliminate the requirement to phase out chlorofluro
carbons. She requested that Assemblyman Morrow take a close look at the bills.
Bill Huber spoke regarding an Assembly Bill being proposed that would extent the time for repairs
of damage after an emergency from immediately after the emergency to up to 3 years, and which
would exempt cities from the State -required permits. Assemblyman Morrow indicated he was
receptive to that issue.
CLOSED SESSION - None
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ADJOURNMENT
There being no further business the meeting was adjourned at 2:18 p.m. to the next regular meeting
date of Tuesday, May 21, 1996 at 7:00 p.m., in the City Council Chamber.
Respectfully submitted,
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ATTEST:
WYAT T, MAYOR
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