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98-1117_CC_Minutes_Regular Meeting1 NOVEMBER 17, 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: 1. 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). 2. Pursuant to Government Code Section 549569(b)(2)(A), the City Council will confer with its Legal Counsel regarding two matters. 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 Council Member Campbell. ROLL CALL: PRESENT: Gil Jones, Mayor John Greiner, Mayor pro tem Collene Campbell, Council Member Wyatt Hart, Council Member David M. Swerdlin, Council Member ABSENT: None 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; William M. Huber, Engineering and Building 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. City Council Minutes -1- 11/17/98 361. 362 INTRODUCTIONS AND PRESENTATIONS 1. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Council Member Greiner introduced the following persons in attendance: Al Simmons, Seniors Liaison to the City; Sheldon Cohen and William Pichler, Planning Commission; Bill Hardy, Cultural Heritage Committee; and Marie Buckner, Housing Advisory Committee. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS AND THE CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS None CONSENT CALENDAR It was moved by Council Member Campbell, seconded by Council Member Greiner, 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 Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None 1. MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES OF OCTOBER 20,199 a. The Minutes of the Special Meeting of October 20, 1998, were approved as submitted with Council Member Swerdlin abstaining. b. The Minutes of the Regular Meeting of October 20, 1998, were approved as submitted with Council Member Swerdlin abstaining. 3. RECEIVE AND FILE WARRANTS OF OCTOBER 22.1998 (300.30 The List of Demands dated October 22, 1998, in the total amount of $1,033,693.12 was ordered received and filed. City Council Minutes -2- 11/17/98 363 4. ADOPTION OF RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - INSTALLATION OF SPEED BUMPS, 1) VIA DE AQUA BETWEEN CALLE BONANZA AND CALLE CONEJO AND 2) ALLEY PARALLEL TO CAMINO CAPISTRANO AND AVENIDA LOS AMIGO BETWEEN AVENIDA GOLONDRINA AND AVENIDA PADRE (CIP NO. 12 1)(HARDY AND HARPER. INC,)(600.30) As set forth in the Report dated November 17, 1998, from the Director of Engineering and Building, the following Resolution declaring work complete in the amount of $21,597 was adopted: RESOLUTION NO. 98-11-17-1 COMPLETION OF SPEED BUMP INSTALLATION - VIA DE AGUA AND ALLEY PARALLEL TO CAMINO CAPISTRANO HARDY AND HARPER INC. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF SPEED BUMPS ON: VIA DE AGUA BETWEEN CALLE BONANZA AND CALLE CONEJO; AND, THE ALLEY PARALLEL TO CAMINO CAPISTRANO AND AVENIDA LOS AMIGOS, BETWEEN AVENIDA GOLONDRINA AND AVENIDA PADRE (HARDY AND HARPER, INC.) The City Clerk was authorized to forward a Notice of Completion to the Orange County Recorder's Office for recording. Staff was authorized to release the 10% retention amount of $2,159.70, 35 days after the recordation of the Notice of Completion 5. APPROVAL OF FINAL PARCEL MAP 97-128 FOR PROPERTY LOCATED AT 32201 AND 32221 PEPPERTREE BEND LOTS 34 AND 35 OF TRACT 10593 MB SAN JUAN ASSOCIATES LLC 420.70 As set forth in the Report dated November 17, 1998, from the Director of Engineering and Building, Final Parcel Map 97-128 was approved based on the finding that the Final Map was in conformance with the Subdivision Map Act and the conditions set forth by Council Resolution 97-4-1-2. The City Clerk and City Engineer were authorized to execute the Final Map; and, the City Clerk was authorized to forward the Map to the Orange County Recorder's Office for recording. 6. APPROVAL OF AMENDMENTS TO APPENDIX A OF THE CITY'S CONFLICT OF INTEREST CODE - MISCELLANEOUS TITLES (640.401 As set forth in the Report dated November 17, 1998, from the City Clerk, the amendments to Appendix A of the Local Conflict of Interest Code were approved to reflect recent Classification Plan amendments established by the Fiscal Year 1998-99 Management Memorandum of Understanding. City Council Minutes -3- 11/I7/98 364 7. APPROVAL OF SELECTION OF VENDOR FOR INSTALLATION OF TELEPHONE, DATA AND CABLE TELEVISION CABLING FOR THE SAN JUAN CAPISTRANO COMMUNITY CENTER PRIMENET 370.30 As set forth in the Report dated November 17, 1998, from the Administrative Services Director, the Staff selection of PrimeNet for installation of Telephone, Data and Cable Television wiring at the San Juan Capistrano Community Center at a cost of $13,950 was ratified. APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED MOBILE HOME REHABILITATION PROGRAM GUIDELINES (,480.30) As set forth in the Report dated November 17, 1998, from the Planning Director, the State of California Development Block Grant Funded Mobile Home Rehabilitation Program Guidelines were approved. 9. RECEIVE AND FILE INVESTMENTS AS OF OCTOBER 31, 1998 (,350,30) The City Treasurer's Report of Investments as of October 31, 1998, in the total amount of $20,400,831.36, was ordered received and filed. PUBLIC HEARINGS - None ADMINISTRATIVE ITEMS CITY MANAGER 1. REQUEST FROM SAN JUAN CAPISTRANO PAID -CALL FIREFIGHTERS FOR CITY COUNCIL REVIEW OF VOLUNTEER FIREFIGHTER PROGRAM (540.10) Written Communication: Report dated November 17, 1998, from the City Manager, advising that at the October 2s; 1998, City Council meeting, representatives from the Paid -Call Firefighters of Fire Station 7 in San Juan Capistrano had advised that the Orange County Fire Authority was proposing to change the Paid -Call Firefighter program to a Volunteer program, which would affect the future of fire services in Orange County. The Paid -Call Firefighters had asked the issue be scheduled on an agenda so the City Council could consider requesting the Orange County Fire Authority delay the implementation of the proposal until after the first of the year to evaluate all alternatives. The City Manager made an oral presentation, advising that Mayor Pro -tem Greiner and he had met with Mr. Lawrence and representatives of the Paid -Call Firefighters. He noted that under advice of their Legal Counsel, the Orange County Fire Authority had determined that the present system of Paid -Call Firefighters may be in violation of the Fair Labor Standards City Council Minutes -4- 11/17/98 365 2. Peter Lawrence, 33752 Via de Agua, President of the Capistrano Volunteer Firefighters, Inc., advised that the paid -call firefighters were not against change, but they wished to be involved in the process. Their concerns dealt with implementation of the new program and compensation issues. He pointed out the amount of time spent by the volunteers on emergency incidents, which did not include administrative assignments, training or scheduled cover assignments. He indicated that to realistically manage the paid -call firefighter program, the volunteers needed a great deal of experience. It was becoming difficult to manage the program because of the economy, the proliferation of two -income families, the large time commitment expected at the San Juan Capistrano station and the great amount of experience needed by volunteers. He stated that a goal of the firefighters union was to eliminate the volunteer program, and it was difficult to keep volunteers in an environment that had become increasingly hostile. He explained why he felt that career development opportunities would not be forthcoming for the volunteers. He further discussed the kind of response the volunteers had received to their request to be involved in the process. He stated that if the program failed, the City's budget would suffer because additional revenue would be required to provide fire services to the community. He requested that the implementation process be slowed down and all alternatives evaluated. City Council Minutes -5- 11/17/98 Act. The Authority had adopted a Volunteer Program to replace the Paid -Call Firefighter program which was scheduled to begin January 1, 1999. Public Comments: 1. Captain Scott Brown, representing the Orange County Fire Authority, used a slide presentation to provide a brief history of volunteer firefighters in Orange County, and an overview of the newly -created Reserve Firefighter Program. He indicated that while increasing demands for service and advanced technology created the need to re -define the role of volunteer firefighters, they would continue to play an important role in San Juan Capistrano. He noted that the Orange County Fire Authority Legal Counsel had advised that compensation of the paid -call firefighters may be in violation of Code of Federal Regulations Sections 553.106(e) and (f), because the current compensation could not be considered a "nominal" compensation. He discussed specific changes that would come about due to the new Reserve Firefighter Program, including new position titles; mandatory emergency medical technician training, compensation in conformance with the Fair Labor Standards Act, enhanced benefits and more opportunities available for the volunteer force. He stated the new program would be implemented within existing budget parameters, with no new taxes or fees, and stated the changes would not affect the City. He stated that the Fire Authority Board of Directors supported sustaining a community-based volunteer system and, contrary to rumors, the new system would be effective as of January 1, 1999. He noted that the Administrative and Personnel Committee had met to consider input from the Paid -Call Firefighters and no input had been received. He further noted that each paid -call firefighter had been invited to participate in the new Reserve Firefighter Program. 2. Peter Lawrence, 33752 Via de Agua, President of the Capistrano Volunteer Firefighters, Inc., advised that the paid -call firefighters were not against change, but they wished to be involved in the process. Their concerns dealt with implementation of the new program and compensation issues. He pointed out the amount of time spent by the volunteers on emergency incidents, which did not include administrative assignments, training or scheduled cover assignments. He indicated that to realistically manage the paid -call firefighter program, the volunteers needed a great deal of experience. It was becoming difficult to manage the program because of the economy, the proliferation of two -income families, the large time commitment expected at the San Juan Capistrano station and the great amount of experience needed by volunteers. He stated that a goal of the firefighters union was to eliminate the volunteer program, and it was difficult to keep volunteers in an environment that had become increasingly hostile. He explained why he felt that career development opportunities would not be forthcoming for the volunteers. He further discussed the kind of response the volunteers had received to their request to be involved in the process. He stated that if the program failed, the City's budget would suffer because additional revenue would be required to provide fire services to the community. He requested that the implementation process be slowed down and all alternatives evaluated. City Council Minutes -5- 11/17/98 366 The City Manager clarified that there would be no financial cost to the City as long as the program was successful. If it failed, there would be significant cost implications. Council Comments: Council Member Greiner indicated his dilemma in that he supported the Fire Authority Board based on legal advice, but also supporting the paid -call firefighters because of the City's long history and strong tradition with the volunteers. He indicated his concern that the issue had moved so quickly and felt that not all alternatives had been explored. He felt there may be other municipalities that use a program similar to the paid -call firefighter program who have found a way to work within the parameters of the Fair Labor Standards Act. He also expressed concerns regarding the potential financial impacts should the new program not be successful. He therefore supported the request of the paid -call firefighters with respect to sending a letter of the Fire Authority Board requesting a delay in the implementation of the new Reserve Firefighter Program until all alternative options had been evaluated. Support of Request for Delay: It was moved by Council Member Greiner, seconded by Council Member Swerdlin and unanimously carried to send a letter from the City Council to the Orange County Fire Authority requesting a delay of the changes to the Paid -Call Firefighter Program until alternative options had been developed and fully -evaluated with input from representatives of the Paid -Call Firefighters, noting particular concerns with how quickly the program change had moved and financial impacts should the new program fail. 2. ADOPTION OF RESOLUTION AMENDING THE CITY`S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN AND APPROVING MODIFICATION TO BENEFITS AND TO THE PERSONNEL RULES ANli REGULATIONS 700.20 Written Communication: Report dated November 17,1998, from the City Manager forwarding a Resolution instituting the salary provisions for the Executive employees for fiscal year 1998-99. Ado tion of Resolution: It was moved by Council Member Hart, and seconded by Council Member Campbell that the following resolution be adopted: RESOLUTION NO. 98-11-17-2. AMENDING RESOLUTION NO. 94-12-6- 5 THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN - FISCAL YEAR 1998-99 EXECUTIVE EMPLOYEES - 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 AND APPROVING MODIFICATIONS TO BENEFITS AND TO THE PERSONNEL RULES AND REGULATIONS (FISCAL YEAR 1998- 99 EXECUTIVE EMPLOYEES) City Council Minutes -5- 11/17/98 367 The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None The resolution amends Resolution No. 94-12-6-5, the Personnel Classification and Compensation Plan to implement the new salary schedule; amends Resolution No. 97-8-19- 3, the Personnel Rules and Regulations to modify benefits; and, authorizes an appropriation of $9,074 from unallocated reserve funds to implement a new salary schedule. CONTINUATION OF CONSIDERATION OF AGREEMENT WITH WESELOH CHEVROLET/HONDA FOR THE CITY CONSTRUCTION OF PUBLIC IMPROVEMENTS - CAMINO CAPISTRANO AND STONEHILL DRIVE 600.30 Written Communication: Report dated November 17, 1998, from the Principal Management Analyst, forwarding an agreement providing for City construction of the public improvements required for development of the Chevrolet/Honda dealership located at the northwest corner of Camino Capistrano and Stonehill Drive. It had initially been envisioned that the Redevelopment Agency would provide reimbursement to the developer for construction of the public improvements; however, it was subsequently determined that City construction would save a significant amount of money. Douglas Dumhart, Principal Management Analyst, stated that Staff and the applicant would request a continuance of this item. Continuation of Item: It was moved by Council Member Campbell, seconded by Council Member Greiner and unanimously carried to continue this item to the December 1, 1998, City Council Meeting. ENGINEERING AND BUILDING DIRECTOR APPROVAL OF FEE FOR SALE OF CITY TRAIL MAP (180.20) Written Communication: Report dated November 17, 1998, from the Director of Engineering and Building, advising that the City Trail Map had become available and requesting that the Council set a sale price for the map to be incorporated into the City's fee schedule. Staff recommended that the map sell for $2.00 for individual sales and $1.70 per map for non-profit groups and retailers ordering over 50 maps. City Council Minutes -7- 11/17/98 368 William Huber, Director of Engineering and Building, made an oral presentation, noting that the Parks, Recreation and Equestrian Commission had recommended sale of the map at $3.00 each. Approval of Fee: It was moved by Council Member Hart, seconded by Council Member Campbell and unanimously carried to approve the sale price of $2.00 per map for individual sales and $1.70 per map for non-profit organizations and for retail sale quantities of over 50 maps. 2. CONTINUANCE OF CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE SAN JUAN CAPISTRANO GYMNASIUM (600.30 Written Communications: (1) Report dated November 17, 1998, indicating that bids were to be opened on November 12`h, which was after agenda packets had been distributed. A recommendation would be made at the meeting. (2) Report dated November 17, 1998, from the Director of Engineering and Building, advising the opening bid date had been extended to November 19, 1998, to allow contractors more time to prepare bids, and recommending continuance of the item to the meeting of December 1, 1998. Continuance of Item: With the consensus of Council, Mayor Jones directed that this item be continued to the meeting of December 1, 1998. PUBLIC WORKS DIRECTOR 1. ADOPTION OF RESOLUTION CONSIDERATION OF NOTICE OF COMPLETION AND BUDGET ADJUSTMENT FOR THE ORTEGA HIGHWAY SIDEWALK CONSTRUCTION (OLIVER-MAHON ASPHALT. INC.)(600.30) Written Communication: Report dated November 17, 1998, from the Public Works Director, advising that on May 5, 1998, the City Council had awarded a contract to Oliver -Mahon Asphalt, Inc., to complete an unfinished segment of sidewalk on the north side of Ortega Highway, which was not part of the Caltrans' overlay project. The Report advised the project had been completed in accordance with the plans and specifications at the total cost of $32,026.50. Adoption of Resolution: It was moved by Council Member Swerdlin, seconded by Council Member Greiner that the following Resolution declaring work complete at a cost of $32,026.50 and authorizing recording of Notice of Completion be adopted: City Council Minutes -8- 11/17/98 1 RESOLUTIONNO.98-11-17-3 COMPLETION OFORTEGAHIGHWAY SIDEWALK (OLIVER-MAHON ASPHALT, INC.} - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE ORTEGA HIGHWAY SIDEWALK CONSTRUCTION PROJECT (OLIVER-MAHON ASPHALT, INC.) The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None CITY ATTORNEY ADOPTION OF ADOPTION OF URGENCY ORDINANCE RELATING TO REVOCATION OF BUSINESS LICENSES AND REGULATION OF MASSAGE THERAPY (390.60) Written Communication: Report dated November 17, 1998, from the City Attorney advising that a review had been performed of existing Municipal Code procedures regarding the process by which business licenses, especially business licenses relating to massage activity, may be suspended or revoked and indicating that those procedures were in need of updating and comprehensive revision. Adoption of Ordinance: The City Clerk read the title of the Ordinance next in order. It was moved by Council Member Campbell, seconded by Council Member Greiner that the following Urgency Ordinance establishing revised procedures for the suspension and revocation of business licenses and adding a provision to the massage therapy regulations be adopted: ORDINANCE NO. 828, AMENDING TITLES 3 AND 5 OF THE MUNICIPAL CODE - BUSINESS LICENSE REVOCATION AND MASSAGE THERAPY - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING MUNICIPAL CODE SECTIONS 3-1.202 RELATING TO REVOCATION OF BUSINESS LICENSES AND ADDING SECTION 5-24.04 RELATING TO REGULATION OF MASSAGE THERAPY City Council Minutes -9- 11/17/98 369 370 The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None ORDINANCES 1. ADOPTION OF ORDINANCE AMENDING TITLE 9 OF THE MUNICIPAL CODE -COMMERCIAL AND NON-COMMERCIAL KENNELS 420.30 Written Communications: Report dated November 17, 1998, from the City Clerk, advising that the Ordinance was introduced at the meeting of November 3, 1998, and was scheduled for adoption. Adoption of Ordinance Approving Amendment: 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 Greiner, seconded by Council Member Hart that the following Ordinance be adopted: ORDINANCE NO. 829, AMENDING TITLE 9 OF THE MUNICIPAL CODE - COMMERCIAL AND NON-COMMERCIAL KENNELS - AN ORDINA , C :: OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AMENDING SECTION 9-3.619, OF THE MUNICIPAL CODE ENTITLED "COMMERCIAL AND NON-COMMERCIAL KENNELS" The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None Council Member Campbell left the meeting at 7:54 p.m. City Council Minutes -10- 11/17/98 1 1 COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. Southeast Regional Reclamation Authority (1040.60) Mayor Jones noted that the Finance Committee meeting had been held on November 17, 1998, and a report will be in the Council slots. b. Orange County Vector Control District (560.50) Council Member Swerdlin advised that the vector of the month was mites. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:00 p.m., to the next regular meeting date of Tuesday, December 1, 1998, at 5:30 p.m. in the City Council Chambers. Respectfully submitted, CHERYL JOH680M, CITY CLERK ATTEST: GREINER, MAYOR City Council Minutes -11- 11/17/98 371