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.
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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.
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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.
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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
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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.
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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)
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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.
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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:
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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
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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.
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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
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