98-1020_CC_Minutes_Regular MeetingJ
OCTOBER 20, 1998
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION 610.85)
Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by statute:
l . Pursuant to Government Code Section 54956.9(b)(2)(A), the City Council will confer with
its Legal Counsel regarding one matter.
2. Pursuant to Government Code Section 54057.6, the City Council will Confer with its Labor
Negotiator (City Manager) regarding Terms and Conditions of Employment (Classified
Employees).
RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT
MEETINGS UNTIL 7:00 P.M. BUSINESS SESSION.
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Bruce Robinson, Pacific Bible Church.
ROLL CALL: PRESENT: Gil Jones, Mayor
John Greiner, Mayor pro tem
Collene Campbell, Council Member
Wyatt Hart, Council Member
ABSENT: David M. Swerdlin, Council Member
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager;
John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Russell, Administrative
Services Director; Thomas Tomlinson, Planning Director; Amy Amirani, Public Works Director;
Al King, Community Services Director; Lt. Bill Leonard, Orange County Sheriff s Department; and
Bonnie Sanchez, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY AND CAPISTRANO VALLEY
WATER DISTRICT
Mayor Jones announced there were no actions to report on the Closed Session items.
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INTRODUCTIONS AND PRESENTATIONS
PRESENTATION TO LT. PAUL SULLIVAN (610.40)
Written Communication:
Report dated October 20, 1998, from the City Manager advising that Lt. Sullivan had served
the citizens of San Juan Capistrano since 1993 and had recently been reassigned to the
Orange County Sheriff s Department North Operations Bureau in Santa Ana.
Mayor Jones presented a plaque to Lt. Sullivan in appreciation for service to the City. Lt.
Sullivan expressed his pleasure in working with the executive team and his appreciation to
the Deputies and community members for their efforts in bettering the community.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Greiner introduced the following persons in attendance: Al Simmons,
Seniors Liaison to the City; Don Tryon, Cultural Heritage Commission; Joanne de Guevara,
Mary Rose Winkler and Marie Buckner, Housing Advisory Committee.
ORAL COMMUNICATIONS
(CITY COUNCILlCOMMUNITY REDEVELOPMENT AGENCY BOARD OF
DIRECTORS AND THE CAPISTRANO VALLEY WATER DISTRICT
BOARD OF DIRECTORS)
CSP GANG PREVENTION (150.60)
Doug Schauer of the Community Service Program, Gang Prevention, introduced Francisco
Olmendo and Frankie Mendoza who spoke about their recent experience at Pyle's Boys
Camp in the Sequoia National Forest.
2. VOLUNTEER PAID -CALL FIREFIGHTER ISSUE (540.80)
Peter Lawrence, representing the Capistrano Volunteer Firefighters, presented a letter dated
October 20, 1998, and spoke of the services received from the paid call volunteer firefighters.
He noted their concern that the proposed replacement of the volunteer firefighter program
with a reserve firefighter program was being implemented too quickly and without the
opportunity for their input. Mr. Lawrence requested that the Council agendize this issue for
the November 3, 1998, meeting.
Council Member Greiner, the City's representative to the Fire Authority, stated that the
Board's legal counsel had advised there was a requirement to change the status due to the
employer-employee relationship under the Fair Labor Standard Act. He noted that a meeting
was to take place between the Authority's legal counsel and legal counsel representing the
paid call firefighters to discuss the situation. Council Member Greiner stated that if there
was some other solution, one that would represent the interests of the City, the firefighters
and the community, he would support it. The City Manager advised that the issue would be
evaluated for possible inclusion at the November 17, 1998 meeting following a meeting with
the firefighter representatives.
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CONSENT CALENDAR
It was moved by Council Member Hart, seconded by Council Member Campbell, 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 Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: Council Member Swerdlin
MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES OF SEPTEMBER 15, 1998
The Minutes of the Regular Meeting of September 15, 1998, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF SEPTEMBER 28, 1998 (300.
The List of Demands dated September 28, 1998, in the total amount of $1,444,255.55, was
ordered received and filed.
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR MAY AND JUNE,
1998 (330
The Report of Cash Balances by Fund for the months ending May 31 and June 30, 1998,
were ordered received and filed.
RECEIVE AND FILE INVESTMENTS AS OF SEPTEMBER 30,1998 (350.30
The City Treasurer's Report of Investments as of September 30,1998, in the total amount of
$20,058,316.43, was ordered received and filed.
b. APPROVAL OF MEMORANDUM OF UNDERSTANDING - SAN JUAN
CAPISTRANO MANAGEMENT EMPLOYEES ASSOCIATION (730.30)
As set forth in the Report dated October 20, 1998, from the City Manager, the Fiscal Year
1998-99 Management Memorandum of Understanding was approved and the following
Resolution incorporating its provisions into the City's Personnel Classification and
Compensation Plan was adopted:
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RESOLUTION NO. 98-10-6- 1,AMENDING RESOLUTION NO. 94-12-6-
5. THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION
PLAN - FISCAL YEAR 1998-99 MANAGEMENT MEMORANDUM OF
UNDERSTANDING - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
RESOLUTION NO. 94-12-6-5, THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN (FISCAL YEAR 1998-
99 MEMORANDUM OF UNDERSTANDING - SAN JUAN
CAPISTRANO MANAGEMENT EMPLOYEES ASSOCIATION)
PUBLIC HEARINGS
1. APPROVAL OF USE OF LOCAL LAW ENFORCEMENT BLOCK GRANT
FUNDS 1998-1999 (580.10)
Proposal:
Consideration of recommendations on the intended use of Local Law Enforcement Block
Grant Funds 1998-1999.
Applicant:
City of San Juan Capistrano
Written Communication:
Report dated October 20, 1998, from the Chief of Police Services, advising that under the
terms of the Omnibus Fiscal Year 1996 Appropriations Act (Public Law 104-134), the
Director of the Bureau of Justice Assistance was authorized to make funds available to units
of local government under the Local Law Enforcement Block Grant Program for the purpose
of reducing crime and improving public safety. Under the terms of this grant, the City of San
Juan Capistrano will receive $38,771 from the US Department of Justice. The City must
contribute 10% matching funds to the program.
Lt. Leonard, Chief of Police Services, made an oral presentation recommending that the City
of San Juan Capistrano utilize its funds for additional overtime patrols, police equipment and
drug court funding.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing and
the following person responded:
(1) Judge Kreber, representing the Drug Court, spoke of the benefits the drug court
program has provided for the addicts, as well as the community as a whole, stating
that there has been tremendous recovery and success with the addicts.
There being no further response, the Public Hearing was declared closed.
Approval of Use of Funds:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried with Council Member Swerdlin absent, to approve allocation of the
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grant funds in the amount of $38,771 as follows: (1) overtime patrol for directed enforcement
of alcohol violations; (2) drug court funding in the amount of $3,000; (3) conversion of a
patrol unit to a motorcycle traffic enforcement officer, with $22,000 set aside for the
purchase of a motorcycle; and, (4) one additional laser radar gun for speed enforcement. A
budget adjustment in the amount of $3,877 was authorized to provide the required 10%
match.
RECESS AND RECONVENE
Council recessed at 7:35 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District, and reconvened at 7:47 p.m.
ADMINISTRATIVE ITEMS
PLANNING DIRECTOR
APPROVAL OF APPLICATION FOR FUNDING TO THE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT AND APPROVAL OF
HOUSING REHABILITATION_GUIDELINES(430.20
Written Communication:
Report dated October 20, 1998, from the Planning Director, recommending that the City
apply for Home Investment Partnership Program funds in the amount of $500,000 for the
Owner Occupied Housing Rehabilitation program. If the application is funded, the City must
provide $119,345 as the required 25% matching funds and leverage funds of $240,000.
Thomas Tomlinson, Planning Director, made an oral presentation stating that Staff had
proposed Owner -Occupied Housing Rehabilitation Program grants of up to $25,000 each,
on a citywide basis, to make necessary health and safety repairs to HOME -eligible housing
units.
_Approval of Guidelines and Submittal of Application:
It was moved by Council Member Hart and seconded by Council Member Campbell, to (1)
approve the City -Wide Owner -Occupied Housing Rehabilitation Guidelines and to authorize
the City's Planning Director to make modifications to the Guidelines as necessary to satisfy
State HOME Program application requirements; and, (2) to adopt the following Resolution
which authorized submittal of an application for funding of $500,000 for the Owner -
Occupied Housing Rehabilitation Program, authorized execution of a standard agreement if
selected for funding, and any amendments thereto, and authorized the City Manager to sign
any necessary documents necessary to participate in the HOME Investment Partnership
Program:
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RESOLUTION NO. 98-10-6-2, APPROVING SUBMITTAL OF
APPLICATION - HOME INVESTMENT PARTNERSHIP JHQYE
PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE
SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIP
PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF
SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS
THERETO; AND, ANY RELATED DOCUMENTS NECESSARY TO
PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIP
PROGRAM
The motion carried by the following vote:
AYES: Council Members Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: Council Member Swerdlin
ENGINEERING AND BUILDING DIRECTOR
APPROVAL Of BUDGET AMENDMENT AND AWARD OF CONTRACT -
PASEO ADELANTO EXTENSION, DEL OBISPO STREET TO RAMOS STREET
(CIP No. 137)(SULLY-MILLER CONTRACTING CO.)(600.30)
Mayor Jones advised he would abstain on this item due to a conflict of interest relating to proximity
to business/residence. Mayor Pro Tem Greiner continued with the proceedings.
Written Communication:
Report dated October 20, 1998, from the Engineering and Building Director, advising that
three bids had been received for the construction of Paseo Adelanto Extension from Del
Street, and recommending award of the contract to Sully -Miller Contracting Company.
William Huber, Engineering and Building Director, advised that the project budget had been
approved at $581,000; however, due to a contract cost of $598,727, and several other
engineering issues, a total budget of $715,000 was necessary. He recommended several
budget transfers to accommodate the increased project cost. He also advised that the
necessary acquisition of County property had not yet been completed and in the interim the
County would issue a permit for construction on their property. He noted there were several
outstanding permit issues that had yet to be resolved and recommended that the rather than
awarding the contract at this time, the City Manager be authorized to award the contract upon
successful resolution of the issues and receipt of the County permit.
In response to Council Member Campbell, the City Attorney recommended that Council
award the contract, but authorize the City Manager to sign the contract upon resolution of
the issues.
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Approval of Budget Amendment
It was moved by Council Member Campbell, seconded by Council Member Hart, and carried
with Mayor Jones abstaining and Council Member Swerdlin absent, to (1) accommodate the
increase in the budget from $581,000 to $715,000 by transferring $13,500 from the Country
Hills Street Lighting project, which had been eliminated; transferring $43,000 from the La
Novia/La Ronda Drainage project and deferring the project to 1999-2000; transferring $5,000
from the Sewer Fund reserve; and, transferring $72,5000 from the System Development
Fund reserve; and, (2) to award the contract to Sully -Miller Construction, in the amount of
$598,727, and to authorize the City Manager to execute the contract upon completion of
negotiations with the County to obtain the necessary permits to perform construction across
County property.
COMMUNITY SERVICES DIRECTOR
APPROVAL OF REVISIONS TO ADMINISTRATIVE POLICY No. 610 - CITY
FACILITY RENTAL REGULATIONS AND ADDITION OF COMMUNITY
CENTER REGULATIONS 00.20
Written Communication:
Report dated October 20, 1998, from the Community Services Director advising that with
the completion of the Community Center approaching, it is necessary for regulations related
to the use of the facility be established, as well as adjustments and addition of specific
wording be made.
Al King, Community Services Director, made an oral presentation stating that recommended
revisions included the hours of operation established for the Community Center, a change
in administration of security guard services, restrictions regarding youth parties, and specific
alcoholic beverage policies for the Community Center.
Annroval of Revisions
It was moved by Council Member Greiner, seconded by Council Member Hart and
unanimously carried with Council Member Swerdlin absent, that the revisions to
Administrative Policy No. 610, relating to rental use of City facilities, and the addition of
regulations related to the Community Center, be approved.
CITY MANAGER
1. WITHDRAWAL OF CONSENT TO WESELOH OWNER PARTICIPATION
AGREEMENT WESELOH CHEVROLET/ IONDA 600.30 CONTINUED
FROM THE MEETING OF OCTOBER 6 1998
Written Communication:
Report dated October 6, 1998, and resubmitted October 20, 1998, from the Senior
Management Analyst 11, advising that Ben Weseloh had proposed to develop a new
Chevrolet dealership and relocate and expand his existing Honda store to the northwest
corner of Camino Capistrano and Stonehill Drive. Due to the topography of the site,
extensive off-site improvements to be made, and widening of Camino Capistrano to its full
four -lane width, Mr. Weseloh had requested funding assistance from the Agency. The
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Report forwarded a proposed Owner Participation Agreement to fund the cost of the
necessary public improvements.
With the consensus of the Council, Mayor Jones directed that the item be withdrawn from
consideration at this time, in conjunction with the Community Redevelopment Agency
action.
ORDINANCES
ADOPTION OF ORDINANCE AMENDING TITLE 9 OF THE MUNICIPAL
CODE -DENSITY OF HORSES AT COMMERCIAL STABLES (420.301930.40)
Written Communication:
Report dated October 20, 1998, from the City Clerk advising that the Ordinance was
introduced at the meeting of October 6, 1998, and was scheduled for adoption.
Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all
Ordinances had been waived earlier in the meeting. It was moved by Council Member
Campbell, seconded by Council Member Greiner, that the following Ordinance be adopted:
ORDINANCE NO. 826, AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - INCREASING THE DENSITY OF HORSES
ALLOWED PER ACRE AT COMMERCIAL STABLES - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 9, CHAPTER 3, ARTICLE 6,
SECTION 9-3.620 (a)(3)(i) TO INCREASE THE DENSITY OF HORSES
ALLOWED AT COMMERCIAL STABLES WITH ACCESS TO
DESIGNATED EQUESTRIAN/HIKING TRAILS FROM 25 TO 28
HORSES PER ACRE
The motion carried by the following vote:
AYES: Council Members Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: Council Member Swerdlin
2. ADOPTION OF ORDINANCE AMENDING TITLE 5 OF THE MUNICIPAL
CODE NOISE REGULATIONS DISTURBING THE PEACE 580.30
Written Communication:
Report dated October 20, 1998, from the City Clerk advising that the Ordinance was
introduced at the meeting of October 6, 1998, and was scheduled for adoption.
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Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all
Ordinances had been waived earlier in the meeting. It was moved by Council Member Hart,
seconded by Council Member Greiner, that the following Ordinance be adopted:
ORDINANCE NO. 827 AMENDING TITLE 5 OF THE MUNICIPAL
CODE TO ESTABLISH NOISE REGULATIONS RELATING TO
DISTURBING THE_PEACE - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING NOISE
REGULATIONS BY ADDING CHAPTER 30 TO TITLE 5 "PUBLIC
WELFARE" OF THE MUNICIPAL CODE (DISTURBING THE PEACE)
The motion carried by the following vote:
AYES: Council Members Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: Council Member Swerdlin
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill Eastern Corridor (800
Council Member Campbell advised that the Corridor is open.
b. Southeast Regional Reclamation Authori 1040.60
Mayor Jones noted that the Finance Committee met on October 20, 1998, and a
report will be available in the Council slots.
C. San Juan Basin Authorily Q050.60
Mayor Jones stated that an agreement with MWD regarding the de -salter project was
deferred to the October 27, 1998, meeting in order to address issues that will protect
the City's interest in the Basin Authority, de -salter project and future water source.
d. League of California Cities (140.20)
Council Member Greiner noted that the report of the Annual Conference was
available in the Council office.
e. Orange County Joint Fire Authority L0.80
Council Member Greiner noted that the issue of paid call firefighters has been the
primary issue over the past meetings.
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COUNCIL COMMENTS
Election 620.30
Council Member Campbell stated her desire that the November 3, 1998 agenda be light due
to her interest in following early election results.
2. Employee Congratulations
Mayor Jones congratulated the Director of Administrative Services on her recent marriage.
3. Meeting Dedication (610.40,)
Mayor Jones dedicated the meeting to the memory of Del Goodwin, a long-time City
resident, volunteer firefighter, rancher and cowboy who passed away on October 3, 1998.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:05 p.m., to the
next regular meeting date of Tuesday, November 3, 1998, at 5:30 p.m. in the City Council Chambers.
Respectfully submitted,
ATTEST:
GIL JONES,
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CITY CLERK
10/20/98