03-1104_CC_Minutes_Regular MeetingMINUTES
November 4, 2003
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85) — 5:00 p.m.
A closed session was held for the following purposes, as authorized by statute:
1. Pursuant to Government Code Section 54956.9(b)(1) & (c), the City Council
conferred with its legal counsel regarding one matter.
2. Pursuant to Government Code Section 54957, The City Council held a closed
session concerning the vacant City Manager position.
Mayor Gelff called the regular meeting of the City Council of the City of San Juan
Capistrano, California, to order at 7:02 p.m. in the City Council Chamber. Council
Member Hart led the Pledge of Allegiance and Council Member Swerdlin gave the
invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, Diane Bathgate, David M. Swerdlin,
Mayor pro tem Joe Soto and Mayor John S. Gelff.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Pamela Gibson, Interim City Manager, Cynthia L. Russell, Interim
Assistant City Manager/Administrative Services Director; John Shaw, City Attorney;
Meg Monahan, City Clerk; Bill Cunningham, interim Planning Director; William M.
Huber, Engineering and Building Director; Amy Amirani, Public Works Director; AI King,
Jr., Community Services Director; Lt. J. B. Davis, Chief of Police Services; Douglas
Dumhart, Principal Management Analyst; and, Eileen White, Recording Secretary,
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: - None
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Al King, Jr., Community Services Director, announced that the November 1, 2003 Flu
Shot Clinic was a success, with many volunteers contributing to the effort; On
November 11, 2003, 11 a.m., at the Veterans Park, a Veterans Day Service will be
conducted by the San Juan Capistrano Veterans of Foreign Wars; November 13, 2003
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the Chamber of Commerce will have their monthly Mixer; and on November 15, 2003
the Mission San Juan Capistrano will host a Russian Heritage Celebration.
INTRODUCTIONS PRESENTATIONS AND DONATIONS:
1. PRESENTATION BY THE HONORABLE H. WARREN SIEGEL, ORANGE
COUNTY SUPERIOR COURT JUDGE, CONCERNING GRAND JURY DUTY
OPPORTUNITIES (610.40):
Judge H. Warren Siegel encouraged interested citizens to apply for a Grand Jury
appointment. Additional information concerning the position will be available
from the office of the City Clerk. Applications are due January 16, 2004.
2. PRESENTATION TO FORMER COMMISSIONER (110.10):
This presentation was postponed at the request of the Former Commissioner.
3. PROCLAMATION DESIGNATING SATURDAY, NOVEMBER 15, 2003 AS
"AMERICA RECYCLES DAY"(610.40):
Mayor Gelff proclaimed Saturday, November 15, 2003 as "America Recycles
Day," as part of the City's public education efforts toward increased recycling.
The proclamation was presented to Dean Ruffridge, Vice President of CR&R, the
City's contractor for trash and recycling service.
4. RECOGNITION OF CITY RESIDENT, DANIEL HOLSTEIN (610.40):
Mayor Gelff recognized Daniel Holstein, city youth, for his outstanding
performance as an expert archer.
5. RECOGNITION OF CITY RESIDENT, GUY LAURIN (610.40):
Mayor Gelff and Lt. J. B. Davis recognized Guy Laurin, city resident, for his
heroic actions to save the life of a baby girl.
6. PROCLAMATION DESIGNATING NOVEMBER AS VETERANS
APPRECIATION MONTH (610.40):
Mayor Gelff proclaimed November 2003 as Veterans Appreciation month and
presented the proclamation to the San Juan Capistrano Veterans of Foreign
Wars.
Les Blair led the large group of veterans present in a salute to City residents in
appreciation of their support.
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James Woolingham, from the State of California, advised that Cal State Fullerton
is gathering stories about WWII and provided contact information to those willing
to share their memories.
7. PRESENTATION OF MAYOR'S AWARD — YOUTH OF THE YEAR — TO
ROBERT CRABBS (610.40):
Mayor Gelff recognized Robert Crabbs who received the Youth of the Year
Award due to his on-going efforts to contribute to children in need and his
outstanding scholastic achievements.
8. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10):
Mayor pro tern Soto recognized the following individuals in attendance: Joann de
Guevara and Marie Buckner, Housing Advisory Committee; Jan Siegel, Cultural
Heritage Commission; Sheldon Cohen, Planning Commission; Les Blair, Council
Liaison to the San Juan Seniors; and Ken Friess, former Mayor and Council
Member.
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Council Action: Moved by Council Member Bathgate, seconded by Mayor pro tem
Soto, and carried unanimously, 5-0 to approve items 1 through 9 as recommended by
staff.
1. MOTION TO READ ORDINANCES BY TITLES ONLY APPROVED.
2. MINUTES FROM CITY COUNCIL MEETINGS APPROVED:
a. MINUTES OF THE REGULAR MEETING OF OCTOBER 7, 2003
APPROVED AS SUBMITTED; and
b. MINUTES OF THE ADJOURNED REGULAR MEETING OF OCTOBER
14, 2003 APPROVED AS SUBMITTED.
3. REPORT OF INVESTMENTS — MONTH ENDING SEPTEMBER 30, 2003,
RECEIVED AND FILED. (350.30)
4. CASH BALANCES BY FUND — SEPTEMBER 30, 2003, RECEIVED AND FILED.
(330.50)
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5. LICENSE AGREEMENT WITH UNITED CEREBRAL PALSY ASSOCIATION OF
ORANGE COUNTY FOR OPERATION OF AN EARLY INTERVENTION
PROGRAM ON CITY PROPERTY AT EL HORNO AND EL CAMINO REAL
PARKING LOT APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE
THE AGREEMENT. (600.30)
6. ACCOUNTS PAYABLE WARRANTS DATED OCTOBER 16, 2003, IN THE
AMOUNT OF $1,394,971.98 RECEIVED AND FILED; AND PAYROLL
WARRANTS DATED OCTOBER 9, 2003, IN THE AMOUNT OF $225,296.84
RECEIVED AND FILED. (300.30)
7. RESOLUTION NO. 03-11-04-01 ADOPTED AMENDING THE CLASSIFICATION
AND COMPENSATION PLAN TO CREATE THE POSITION OF HISTORIC
PRESERVATION MANAGER. (700.50)
8. EXTENSION OF THE CONTRACT FOR INTERIM CITY MANAGER SERVICES
TO, AND INCLUDING, DECEMBER 5, 2003, APPROVED. (600.30)
9. RESOLUTION NO. 03-11-04-02 ADOPTED AGREEING TO PROVIDE AN
ENHANCED RETIREMENT BENEFIT FORMULA OF 2.7% AT AGE 55,
AVERAGE THREE HIGHEST YEARS SALARY FOR ALL YEARS OF SERVICE
FOR EXECUTIVE EMPLOYEES AND MEMBERS OF THE MANAGEMENT
EMPLOYEES ASSOCIATION, THROUGH THE ORANGE COUNTY
EMPLOYEES RETIREMENT SYSTEM (OCERS) (720.60)
PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 7:31 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:32 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. CONTINUANCE OF FARMERS MARKET THROUGH MARCH 4, 2004,
APPROVED. (600.30)
Description: The Memorandum of Understanding (MOU) between the City and
the Old Capistrano Merchants Association (OCMA) to operate the weekly
Farmer's Market required a six month evaluation to assess the impacts to the
downtown, which staff has completed. A staff -generated survey indicates the
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majority of the respondents are in favor of the Market. Staff has determined the
impacts to be insignificant and found no adverse impacts to the overall health of
commerce in the downtown area. Staff has also determined that the required
duplicate insurance is unnecessary. Staff is recommending the Council receive
the six-month review of the Farmer's Market, approve its continuance through the
term in the MOU, and waive the duplicate insurance requirement.
Written Communications: Report dated November 11, 2003, by Douglas
Dumhart, Principal Management Analyst.
Presentation: Douglas Dumhart, Principal Management Analyst,
summarized the staff recommendation.
Public Comment
Debra Campbell, president of the OCMA and City resident, described OCMA's
role in the Market's operation and urged the City Council to allow it to continue.
Ron La Chance, San Diego resident and Farmer's Market Manager, speculated
that 60 to 70% of the customers were City residents and offered to do a survey to
determine the percentages. He opined that the event brought the community
together and promoted the City.
Verlene Walker, City resident and president of the Chamber of Commerce,
supported the Farmer's Market, thanked the Council for allowing it, and
encouraged continued support.
Council Action: Moved by Council Member Hart, seconded by Mayor pro
tem Soto, and carried unanimously, 5-0, to receive the six month review of the
Farmer's Market, approve its continuance through the term in the MOU and
waive the duplicate insurance requirement for the Farmer's Market Manager.
b. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND THE SAN JUAN CAPISTRANO MANAGEMENT
EMPLOYEES APPROVED. (730.30)
Description: Following negotiations between the City and the San Juan
Capistrano Management Employees Association to discuss wages, hours, and
other terms and conditions of employment, a Memorandum of Understanding
(MOU) has been established to modify the City's Personnel Rules and
Regulations, and appropriate the necessary funds from the General Fund and
Water Enterprise Fund reserves. Staff recommends the Council approve the
MOU.
Written Communication: Report dated November 4, 2003, by Pamela Gibson,
Interim City Manager.
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Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Hart and carried unanimously, 5-0, to approve the Memorandum of
Understanding between the City of San Juan Capistrano and the San Juan
Capistrano Management Employees Association; authorize necessary
modifications to the City's Personnel Rules and Regulations; and appropriate
$51,485 from the General Fund Reserves and $11,301 from the Water
Enterprise Operations Fund Reserves, for a total of $62,786.
C. ADDENDUM LETTER TO MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND THE SAN JUAN CAPISTRANO
CLASSIFIED EMPLOYEES APPROVED. (730.30)
Description: Following negotiations between the City and the San Juan
Capistrano Classified Employees Association to discuss wages, hours, and other
terms and conditions of employment, an Addendum Letter to the previously
approved Memorandum of Understanding (MOU) has been established to modify
the City's Personnel Rules and Regulations and appropriate the necessary funds
from the General Fund and Water Enterprise Fund reserves. Staff recommends
the Council approve the Addendum Letter to the MOU.
Written Communications: Report dated November 4, 2003, by Pamela Gibson,
Interim City Manager.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Hart and carried unanimously, 5-0, to approve the Addendum Letter to
the Memorandum of Understanding between the City of San Juan Capistrano
and the San Juan Capistrano Classified Employees Association; authorize
necessary modifications to the City's Personnel Rules and Regulations; and
appropriate $105,171 from the General Fund Reserves and $23,086 from the
Water Enterprise Operations Fund Reserves, for a total of $128,257.
d. RESOLUTION NO. 03-11-04-03 ADOPTED AMENDING THE CITY'S
PERSONNEL CLASSIFICATION AND COMPENSATION PLAN FOR SALARY
INCREASES TO THE CITY'S EMPLOYEES ASSOCIATIONS (700.20)
Description: The City's Personnel Classification and Compensation Plan must
be amended to reflect the salary increases negotiated by the City's employee
associations. Staff has prepared a Resolution to amend the Plan accordingly and
recommends Council approval.
Written Communications: Report dated November 4, 2003, by Pamela Gibson,
Interim City Manager.
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�_. Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Hart and carried unanimously, 5-0, to adopt Resolution No. 03-11-04-03,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 94-12-6-5,
THE CITY'S CLASSIFICATION AND COMPENSATION PLAN"
G2. ENGINEERING AND BUILDING DIRECTOR
a. REQUEST FOR WAIVER OF FEES RELATED TO THE CONSTRUCTION OF
PERMANENT BUILDINGS ON THE J. F. SHEA THERAPEUTIC RIDING
CENTER SITE CONTINUED. (390.30)
Description: The J. F. Shea Therapeutic Riding Center has requested a waiver
of fees related to the cost of permanent buildings on site. Staff is recommending
a waiver of permit and processing fees (soft costs) and the Transportation
Corridor Agency has waived their fees. The remaining fees are either hard costs
paid to third parties or development fees that support water and sewer operations
and capital improvement funding. Staff recommends the Council approve the
waiver of processing and permit fees.
Written Communications: Report dated November 4, 2003, by William M.
Huber, Director of Engineering and Building.
Presentation: William M. Huber, Director of Engineering and Building,
summarized the staff report.
Public Comment:
Dana Butler, Executive Director of the Shea Center, described the services the
Center provides for its children and the community, thanked the community for
their support, and urged the Council to approve the waiver of fees.
Council Comment:
Council Members discussed various options for additional fee waivers because
the new project will not increase the current capacity and the use will remain the
same. Following discussion, Mayor Gelff directed staff to prepare alternate
proposals for fee waivers and consider additional soft costs that could be waived;
and continued this item to the next regular meeting.
11-04-2003
b. ORDINANCE AMENDING MUNICIPAL CODE REGARDING CONSTRUCTION
AND DEMOLITION OF DEBRIS RECYCLING APPROVED; RESOLUTION NO.
03-11-04-04 ADOPTED ESTABLISHING SECURITY DEPOSIT AMOUNTS;
AND RESOLUTION NO. 03-11-04-05 ADOPTED ESTABLISHING AN
APPLICATION FEE FOR RECOVERING ADMINISTRATION EXPENSES.
(810.10)
Description: The City applied for an extension when it failed to meet the 50%
waste diversion requirement of AB 939. The extension required the submission
of a plan identifying how the City would achieve the 50% rate. The City's plan
targets the recycling of Construction and Demolition (C&D) waste. Adoption of an
ordinance is necessary to set standards for on-site practices, establish a deposit
to ensure reporting requirements and material diversion, and establish an
administrative fee to recover the City's costs in administrating the additional
requirements. Staff recommends approval of the Ordinance and Resolutions.
Written Communications: Report dated November 4, 2003, by William M.
Huber, Director of Engineering and Building.
Presentation: William M. Huber, Director of Engineering and Building,
presented the staff recommendation.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING CERTAIN PORTIONS OF CHAPTER 3 OF TITLE 6 OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE REGARDING CONSTRUCTION AND
DEMOLITION DEBRIS RECYCLING."
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Hart and carried unanimously, 5-0, to approve an Ordinance amending
Chapter 3 of Title 6 of the Municipal Code regarding construction and demolition
of debris recycling; adopt Resolution No. 03-11-04-04, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING SECURITY DEPOSIT
AMOUNTS FOR THE CONSTRUCTION AND DEMOLITION DEBRIS
RECYCLING ORDINANCE PROGRAM;" and adopt Resolution No. 03-11-04-
05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING AN APPLICATION FEE
FOR RECOVERING EXPENSES IN ADMINISTERING THE CONSTRUCTION
AND DEMOLITION DEBRIS RECYCLING ORDINANCE."
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G3. PLANNING DIRECTOR
a. TREE REMOVAL AND REPLACEMENT — GROUNDWATER RECOVERY
PROJECT APPROVED WITH REVISIONS (CIP 758) (410.90)
Description: Alignment of water lines for the San Juan Capistrano Groundwater
Recovery Project necessitate the removal and replacement of 12 trees in a
planter currently providing screening of the loading dock for the Vons
Supermarket from Camino Capistrano. Staff recommends the Council approve
the alignment of the pipelines and removal and replacement of trees required by
this alignment.
Written Communications: Report dated November 4, 2003, by Bill Cunningham,
Interim Planning Director
Presentation: Bill Cunningham, Interim Planning Director, summarized the
staff recommendation.
Council Comment:
Mayor pro tem Soto suggested the use of 24 inch box California Pepper trees in
lieu of the proposed 15 gallon trees.
Chris Costello, Eco Resources, Contractor for the Ground Water Recovery Plant,
agreed to use 24 -inch box California Pepper Trees providing the space is
adequate.
Council Action: Moved by Mayor pro tem Soto, seconded by Mayor Gelff,
and carried unanimously, 5-0, to approve the removal and replacement of trees
behind Vons, Hallmark, and Petco in order to accommodate the alignment for
well collection, brine, and treated water lines that serve the Tirador Well for the
Groundwater Recovery Project; and tree variety to be California Pepper, sized at
24" box.
ORDINANCES - None
COUNCILMANIC ITEMS
1. ORAL REPORTS — None
2, COUNCIL COMMENTS
Mayor pro tem Soto wished Council Member Hart a Happy Belated Birthday.
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ADJOURNMENT
There being no further business, Mayor Gelff adjourned the meeting at 8:24 p.m. to an
Adjourned Regular Meeting, Friday, November 7, 2003, at 2:00 p.m. in the City Council
Chamber.
Respectfully sub
RET R. MONAHAN, CITY CL
December 2, 2003
R
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NOTICE OF ADJOURNMENT OF MEETING OF
CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan Capistrano,
California, Adjourned its meeting of November 4, 2003, at 8:24 p.m. to Friday,
November 7, 2003 at 2:00 p.m., in the City Council Chamber, 32400 Paseo Adelanto,
San Juan Capistrano. Shortly after Oral Communications, the City Council will meet in
Closed Session.
DATED: November 4, 2003
ret R. Monahan, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, City Clerk of the City of San Juan Capistrano, do hereby
declare that the above Notice was posted at or near the door of the City Council
chamber on November 5, 2003 within 24 hours of adjournment of the above-named
meeting.
declare under penalty of perjury that the foregoing is true and correct.
a aret R. Monahan, City Clerk