96-0702_CC_Minutes_Regular Meeting216
JULY 2, 1996
' REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Hart at 7:04 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Elder Lloyd Harline of the Church of Jesus Christ
of Latter Day Saints.
ROLL CALL: PRESENT: Wyatt Hart, Mayor
David M. Swerdlin, Mayor pro tem
Collene Campbell, Council Member
Gil Jones, Council Member
ABSENT: Carolyn Nash, Council Member
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; William M.
Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Joe Arranaga,
Public Lands and Facilities Director; Al King, Jr., Community Services Director; Lt. Paul Sullivan,
Chief of Police Services; Nancy Bernardi, Recording Secretary.
Mayor Hart noted the illness of Council Member Nash's mother.
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously
carried that all Ordinances be read by title only.
Written Communication:
Report dated July 2, 1996, from Julia Kimminau, Management Analyst II, announcing the
retirement of Edward G. Green, Maintenance Superintendent of the Public Lands and
Facilities Department, after seventeen years of service to the City.
Presentation of Resolution:
After reading the Resolution of Appreciation in full, Mayor Hart presented the Resolution to
' Mr. Green. Mr. Green expressed his pleasure in serving the community.
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Mayor pro tem Swerdlin introduced the following Commission representatives in attendance:
John Greiner and Bill Sonka (Planning Commission), Ed Johnson (Transportation
Commission and Mobile Home Park Review Committee), Pauline Leonard and Kathy Holmes
(Parks, Recreation, and Equestrian Commission), Bill Hardy (Cultural Heritage Commission),
Tom Facon (Chamber of Commerce), and Al Simmons (senior liaison to the City).
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Mayor Hart expressed appreciation for the following donations made to the City: a new
vacuum from Steve Ferrell of Capistrano Sewing Machine & Vacuum Company and a cash
donation to the After School Recreation Program from Bill Lutzius of Aardvark Towing.
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Al Simmons, 32302 Alipaz Street, Space 135, noted the meeting between senior
representatives and City staff on June 21, 1996, to discuss the planning process for the new
Community Center. He expressed appreciation to staff for addressing concerns about the
plans but preferred that the progress of the project be slowed to ensure adequate plan checks.
He suggested that the plans be modified to include a meeting room and a conference room
on either side of the restrooms in Phase 1. He felt these additions would enhance the
marketability of Phase I and provide needed space for seniors as well as all residents.
2. COMMJMTY CENTER DONATION (150 10)
John Lewis, 24341 D Pasto Road, Dana Point, representing the Capistrano Lions Club
presented a check to the City in the amount of $1,001 for the Community Center Building
Fund.
Kathy Holmes, 31851 Paseo La Branza, noted the kindness expressed to her by a janitor at
the Marco Forster Middle School and their shared appreciation for the new Sports Park and
Community Center complex. She spoke about the pride of community in San Juan Capistrano
and expressed appreciation to residents for their efforts and support.
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Nancy Smith, 55 Baroness Lane, Laguna Niguel 92766, noted she owned several
condominiums in Capistrano Villas No. 2. She requested assistance from the City in resolving
the issue of a Building Code violation resulting from the lack of a permit for a partition in the
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garage at 26477 Calle San Luis. She explained that in order to obtain the proper permit, she
must obtain approval from the Capistrano Villas' Board of Directors, who had denied
approval of the partition. She noted that a letter from the City to Sheryl Sharp of the
homeowners association indicated that the matter would be forwarded to the City Attorney
for legal action if the violation were not corrected.
Mayor Hatt directed staff to work with the Capistrano Villas Homeowners Association to
resolve this matter, and Mr. Huber indicated that staff would meet with Ms. Smith to discuss
this further.
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Council Members Campbell, Jones, Swerdlin, and Mayor Hart
NOES: None
ABSENT: Council Member Nash
I APPROVAL OF CITY COUNCIL MINUTE Sffij���ff
JUNE 4. 1996
The Minutes of the Regular Meeting of June 4, 1996, were approved as submitted.
KIMMOKOLUNW.30 Ila]
The List of Demands dated June 19, 1996, in the total amount of $377,613.62 was received
and filed.
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The City Treasurer's Report of Cash Fund Balances for the month of May 1996 in the total
amount of $19,885.73 was received and filed.
The City Treasurer's Report of Investments as of May 31, 1996, in the total amount of
$11,891,356.07 was received and filed.
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As set forth in the Report dated July 2, 1996, from the Director of Engineering and Building,
the plans and specifications were approved for the reconstruction of the curb and gutter and
overlay of the street with asphalt concrete on Valle Road at the Capistrano Terrace Mobile
Home Park. Staff was authorized to call for bids.
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As set forth in the Report dated July 2, 1996, from the Engineering and Building Director,
the following Resolution was adopted certifying the City's Pavement Management Program
in compliance with provisions of Measure M:
RESOLUTION NO 96-7-2-1. CERTIFYING EXISTENCE OF A
PAVEMENT MANAGEMENT PROGRAM - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CERTIFYING THE EXISTENCE OF A PAVEMENT
MANAGEMENT PROGRAM
Staff was authorized to submit the Measure M eligibility package to the OCTA.
ARCHITECTS)(600,30)
As set forth in the Report dated July 2, 1996, from the Engineering and Building Director,
the Consultant Services Agreement with PJHM Architects was approved for the design of the
freeway soundwalls to be constructed on private property along Interstate 5 to mitigate traffic
noise, at a total cost of $16,000, for the period ending December 31, 1996. The Mayor was
authorized to execute the Agreement on behalf of the City.
As set forth in the Report dated July 2, 1996, from the Chief of Police Services, the Joint
Agreement for the Implementation and Operation of the Orange County Automated
Fingerprint Identification System (CAL -ID) was approved for a ten-year period ending June
30, 2006, at a cost of $1,540 for the City's share. The Mayor was authorized to execute the
Agreement on behalf of the City.
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9. APPROVAL OF RETROACTIVE PAY RAISES FOR LAW ENFORCEMENT
' PERSONNEL (ORANGE COUNTY SHERIFF'S DEPARTMENT) (600.50)
As set forth in the Report dated July 2, 1996, from the Chief of Police Services, funds in the
amount of $52,157 were allocated from General Funds Reserves to retroactively pay law
enforcement personnel for scheduled pay raises delayed because of the County's bankruptcy
in 1994.
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Proposal:
Continued review of the draft Seven -Year Capital Improvement Program for fiscal years 1996
through 2003.
Written Communication:
Report dated July 2, 1996, from the Director of Engineering and Building, recommending that
the seven-year CIP program be adopted as revised, with expenditures totaling $5,866,323.
' Mr. Huber summarized the proposed revisions made in response to comments at the June Is
meeting. He noted that the recommendations for four additional CIP projects suggested by
Mayor Hart were currently being investigated by staff, and a report would be provided to the
Council within 60 days, as directed by the Council.
Public Hearin:
Notice having been given as required by law, Mayor Hart opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Approving Seven -Year Capital Improvemol Program:
It was moved by Council Member Swerdlin, seconded by Council Member Jones, that the
following Resolution be adopted:
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EXPENDITURES - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
APPROPRIATIONS AND AUTHORIZING EXPENDITURES RELATED
TO THE 1996-2003 SEVEN-YEAR CAPITAL IMPROVEMENT
PROGRAM.
The motion carried by the following vote:
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AYES: Council Members Campbell, Jones, Swerdlin, and Mayor Hart
NOES: None
ABSENT: Council Member Nash
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Proposal:
Continued review of the proposed FY 1996-97 Operating Budget.
Written Communication:
Report dated July 2, 1996, from the Administrative Services Director, recommending that the
proposed City Operating Budget for fiscal year 1996-97 be adopted as submitted and
expenditures authorized in the amount of $17,441,381.
Mr. Scarborough made an oral presentation, emphasizing the City's commitment to public
safety while decreasing overall expenditures. Ms. Pendleton gave a brief overview of the
proposed budget.
Council Member Jones commended staff, particularly Ms. Pendleton, on their efforts in
developing the proposed budget. He expressed concern regarding misinformation given by
a resident in a recent letter to the editor. He urged journalists to verify information contained
in their articles prior to publication. Council Member Campbell concurred and expressed
pride in the community, and the accomplishments of the City Council, and staff.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Approving the Operating Budget for Fiscal Year 1996-97:
It was moved by Council Member Swerdlin, seconded by Council Member Jones, that the
following Resolution be adopted:
City Comoil Minotw
RESOLUTION NO. 96-7-2-3. ADOPTION OF FISCAL OPERATING
B .Fi &j 1996-97 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A
PROPOSED OPERATING BUDGET AND AUTHORIZING
EXPENDITURES AND APPROPRIATIONS RELATED THERETO
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The motion carried by the following vote:
' AYES:
NOES:
ABSENT
Council Members Campbell, Jones, Swerdlin, and Mayor Hart
None
Council Member Nash
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Council recessed at 7:37 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:42 p.m. as the City Council.
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On advice from the City Attorney, Council Member Jones indicated he would abstain in this
matter because his residence/business is located within 200 feet of the Solag facility.
Mr. Denhalter stated he based his advice on the significant issue of Solag's relocation.
Written Communications:
(1) Report dated July 2, 1996, from Douglas Dumhart, Management Analyst II,
recommending that a written notice to terminate the contractor's right to exercise its
option for an annual extension of the contract with Solag Disposal be approved.
(2) Letter dated July 2, 1996, from James Koutroulis, President of Solag Disposal,
agreeing to extend the written notice provision granting the City's right to terminate
the rollover option until September 4, 1996.
(3) Letter dated July 1, 1996, from Robert J. Cole, Division President of Waste
Management of Orange County, Inc., in support of the notice to terminate the
rollover option and requesting that the City's contract with Solag terminate on
June 30, 2000.
(3) Letter received by the City on July 2, 1996, from Lauren Horn expressing her
dissatisfaction with Solag Disposal's high monthly rates, limitation on the quantity of
trash that can be picked up, and lack of extra pickup days.
Douglas Dumhart, Management Analyst II, noted that this item was a continuation from
March 19, 1996. At that time the City was in the process of completing a rate audit of the
franchise waste hauler and a 90 -day extension had been provided by Solag so that the result
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of the audit could be considered. In response to the audit, Solag Disposal offered a revised
rate in exchange for certain franchise modifications; i.e., the ability to commingle loads,
deletion of vehicle age specifications, and a flat 10 -year term. Staff took the position that no
extension of the term would be considered until Solag made efforts to relocate storage of the
its commercial collection vehicles from the Los Rios Historic District by July 1, 1996. Mr.
Dumhart advised that Solag Disposal had accomplished the relocation as of June 28, 1996.
However, since the matter had been unresolved until June 28th, staff had not analyzed the
proposed rate modifications. He noted that Solag Disposal had again provided another 90 -
day extension so staff could analyze the proposed rates. He recommended that the written
notice be accepted, to extend the roll-over notification provision until September 4, 1996, and
that staff be directed to return with an analysis of the rate proposal.
Public Comments:
(1) Bill Talley, 30442 Via Cantabria, of Talley & Associates, noted that although he
provides service to various cities, he was speaking only as a resident. He emphasized
that his wife does not work for Waste Management nor does he work for anyone in
Waste Management in the City of Santa Ana. He concurred with the revised staff
recommendation and urged that the City request Solag to submit a competitive rate
schedule that would be more in line with residential and commercial rates in other
South County cities, such as those in the City of Laguna Hills. He noted that Solag's
bid should reflect that the trash containers are not new. He noted Solag's proposed
change in the life of the trucks from seven to fourteen years and recommended that
the City determine how old the trucks should be.
(2) Tom Facon, 32901 Avenida Descanso, Executive Director of the Chamber of
Commerce, commended the excellent service provided by Solag over the years and
Mr. Trulis' service to the community.
(3) Tom Trulis, 32141 Cook Lane, owner of Solag disposal, responded to Mr. Talley's
comments, stating that the trash rates for San Juan Capistrano, Laguna Hills, and
other cities cannot be compared because of differences with production of trash, the
amount of trash, etc. He noted that some residents in San Juan Capistrano have lower
trash rates than Laguna Hills' and that some 15-20 year contracts for other cities have
much higher rates than San Juan Capistrano. He indicated his willingness to negotiate
with the City to continue his operation and felt he could save the City close to $1
million over the next ten years.
Mayor Hart noted that a contract with Solag was not being negotiated at this time, just the
roll-over provisions for future negotiations.
Approval to Extend Written Notice to Terminate Rollover Option:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the
written notice provision be extended until September 4, 1996, to permit staff additional time
to analyze Solag's rate proposal. The motion was carried by a 3-0-1-1 vote, with Council —
Member Jones abstaining and Council Member Nash absent.
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2. RECONSIDERATION OF EL C MING REAL PARKING LOT LIGHT
FIXTURES (600,30)
Written Communication:
Report dated July 2, 1996, from Douglas Dumhart, Management Analyst II, noting that on
May 7, 1996, the plans presented for approval differed from the fixtures presented for
discussion. While staff had received assurance from the manufacturer that the difference in
fixtures would not affect photometry, contractors bidding the job disagreed, as did the
illuminating engineer. Fixtures were again presented for consideration for the parking lots
off El Camino Real in the Historic Town Center. Because of insufficient photometrics, staff
recommended that the vertical bum lamp with prismatic refractor panels be approved in lieu
of the previously approved horizontal bum lamp with cut-off optics in order to ensure
adequate lighting of the parking lots.
Models and photometric plans of both fixtures manufactured by Hadco were on display.
Bill Lathrop and Roger Northrop, Illuminating Engineers of Lumen -8, 20452 Carrey Road,
Walnut 91789, explained the differences between the two styles.
Council Member Campbell inquired whether the vertical bum lamp fixture would be
acceptable to Council Member Nash, who was absent. Mr. Scarborough indicated that
although Council Member Nash preferred the horizontal bum lamp, she would probably
oppose an increase in the number of fixtures to meet the light levels needed. He noted that
the height of the vertical bum lamp fixture would be limited to 14 feet.
Approval of Fixture for Downtown Parkin Lot of Lig t Fixtures:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that the following fixture be approved for the temporary parking lots off
EI Camino Real in the historic Town Center: single -top, pole -mounted, lantern style fixture
on concrete pedestal with vertical bum lamp and prismatic reflector panels.
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Written Communication:
Report dated July 2, 1996, from the City Manager, recommending that the First Amendment
to the Agreement between the City and the County for law enforcement services be approved
for fiscal year 1996-97 at a total cost of $3,003,879. The Agreement provides for an
additional parking control officer, personnel cost increases, equipment replacement, and
overtime expenditures.
Approval of First Amendment to Agreement with Coualy for Law F forcem nServices:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
' unanimously carried that the First Amendment to Agreement between the City and the County
City Council Minute -9- 7/2/96
225
for law enforcement services be approved for fiscal year 1996-97 at a total cost of
$3,003,879. The Mayor was authorized to execute the Amendment on behalf of the City.
ADDITIONAL ITEMS
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Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
unanimously carried to find that this item was not available prior to publication of the Council
agenda and consideration was necessary at this time.
Written Communication:
Report dated July 2, 1996, from the Planning Director, recommending that the request by the
City's Planning Commission be approved to allow additional time for the Commission to
review the concept plans for the Community Center and to have revised exhibits prepared.
Mr. Tomlinson made an oral presentation, emphasizing that the intent of the Planning
Commission's request was to ensure that the plans/exhibits to be presented to the City
Council are consistent with the Commission's recommendations.
Mayor Hart concurred, urging the Planning Commission to take whatever time it needs to
complete its review of the Community Center plans and present a finalized plan to the City
Council. He emphasized the importance of the Commission's input, noting that it was not the
City Council's intent to design the project.
Approval of Additional Time for Planning Commission Review of the Community
Center Concept Plans:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
unanimously carried that additional time be granted to the Planning Commission to review the
concept plans for the Community Center and to have revised exhibits prepared for
Commission review prior to City Council consideration. The Council confirmed the role of
the Planning Commission in providing recommendations to the City Council on the concept
plans for the Community Center.
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Finding for Consideration of Off -Agenda Item:
It was moved by Mayor Hart, seconded by Council Member Swerdlin, and unanimously
carried to find that this item was not available prior to publication of the Council agenda and
consideration was necessary at this time.
City Council Minus"
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226
Council Member Campbell noted the problems incurred by the Hitchcock family who are
' attempting to adopt two orphaned sisters from Mexico and recommended that a letter be
prepared for signature of the Council Members and forwarded to Congressman Ron Packard
urging his assistance in resolving this matter for the Hitchcocks.
Council Member Jones noted the letter he sent on this matter to Congressman Packard and
that the Congressman had the same frustrations regarding the adoption problems.
Authorization to Drat Letter to Congressman Packard Requesting Resolution of
Adoption Issues:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that staff be directed to prepare a letter for Council signatures to
Congressman Ron Packard thanking him for the effort he has already committed to resolving
the adoption issues for the Hitchcock family and urging continued effort to bring this to a
successful conclusion.
' Council Member Campbell stated that expectations were high that all of the City's
concerns with Corridor issues would be addressed. She noted that four items were
discussed with the Agency this date.
b. San Juan Basin Authority, (1050.60)
Council Member Jones noted that the negotiations by the Capistrano Valley Water
District to sell the Basin Bypass line to the Moulton Niguel Water District should be
resolved within the next 30 days.
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Council Member Swerdlin noted the meetings held on June 25 and June 26. The
agenda included the adoption of the budget, negotiations with employees groups, and
the Family Safety Awareness Campaign.
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Council Member Swerdlin noted that the budget and election scheduling had been set
and that the "State of the Authority" speech would be delivered on July 24.
City Comcd Minta -11- 7/2/96
227
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Council Member Jones commended staff on their efforts in preparing the opening day
festivities for the new Sports Park on July 4. He noted that softball game scheduled between
City staff and the Chamber of Commerce.
Mayor Hart noted an article which appeared in the July 2 edition of The Register citing FBI
statistics on San Juan Capistrano's 20% increase in crime. He explained how the statistics
were determined, stating that the increases were a result of more arrests due to increased
special and gang enforcement beginning in 1994.
CLOSED SESSION (610.85)
Council recessed to a Closed Session at 8:25 p.m. for:
1. Conference with Legal Counsel, Existing Litigation, per Government Code Section
54956.9(a), for the case known as Jose Vasquez, etc., et al v. City of San Juan Capistrano;
2. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(b), for significant exposure to litigation in two cases, and Government Code Section
54956.9(c), the initiation of litigation in two cases;
3. Conference with Labor Negotiator per Government Code Section 54957.6, with the City
Manager in discussion with the Management Employees Unit and the Classified Employees
Unit; and
4. Conference with Real Property Negotiator per Government Code Section 54956.8 for
property known as a portion of Parcels 1 through 5 of Parcel Map 85-306 in the City of San
Juan Capistrano, County of Orange, State of California, with Toyota as the negotiating party,
to consider price and terms.
The City Clerk was excused therefrom, and the meeting reconvened at 9:00 p.m.
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Mr. Denhalter advised there was no action to report on any of the items.
City Council Minutes
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7/2/96
ADJOURNMENT
' There being no further business before the Council, the meeting was adjourned at 9:00 p.m. to the
next regular meeting date of Tuesday, July 16, 1996, at 7:00 p.m. in the City Council Chamber.
l
Respectfully submitted,
ATTEST:
WYATYkART, MAYOR
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