99-0420_CC_Minutes_Regular Meeting107
April 20, 1999
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610
Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by statute:
Pursuant to Government Code Section 54957, the City Council will conduct a performance
evaluation of the City Manager.
2. Pursuant to Government Code Section 54956.9(b)(1), the City Council will confer with its
Legal Counsel regarding two pending items.
3. Pursuant to Government Code Section 54956.9, the City Council will confer with its Legal
Counsel regarding the status of San Juan Capistrano v. Mission Inn, et al.
RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT
MEETINGS UNTIL 7:00 P.M.
_.. The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Greiner at 7:04 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Council Member David M. Swerdlin.
ROLL CALL: PRESENT: John Greiner, Mayor
Coilene Campbell, Mayor pro tem
Gil Jones, 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; Thomas Tomlinson,
Planning Director; Amy Amirani, Public Works Director; Al King, Community Services Director;
Lt. Rick Stahr, Orange County Sheriffs Department; Bonnie Sanchez, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
Mayor Greiner announced there were no action to report from Closed Session.
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INTRODUCTION PRESENTATIONS AND DONATIONS
1. PRESENTATION TO FORMER COMMISSIONERS Q 10.30
Written Communications:
Report dated April 20, 1999, from the City Manager, advising that the following former
Commissioners were to be recognized for their service to the community: Bonnie Holt for
3 years on the Transportation Commission; Mark McGuire for 4 years on the Planning
Commission; Janice Palermo for 2 years on the Housing Advisory Committee; and, Timothy
Unger for 9 months on the Water Advisory Commission.
Mark McGuire and Janice Palermo were present to receive plaques commemorating their
service to the community.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (1.10.10)
Council Member Hart introduced the following persons in attendance: Joann deGuevara and
Marie Buckner, Housing Advisory Committee; Bill Hardy, Cultural Heritage Commission;
Ed Johnson, Planning Commission; Al Simons, Senior Liaison; Pauline Leonard, former
Parks, Recreation and Equestrian Commissioner; and, former Mayors Ken Friess and Tony
Forster.
1999 PROJECT TRANSPARENCY AWARD (610.40
Assistant City Manager Jennifer Murray advised of her attendance at a recent meeting to accept the
1999 Project Transparency Award from the Los Amigos of Orange County, given to the City for
being the most responsive City in the County to their Public Records Act Request. Mrs. Murray
presented the Award to the Council on behalf of the Los Amigos of Orange County.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
1. COMMUNITY GARDENS/COMMUNITY REDEVELOPMENT AGENCY
COMMUNITY ENHANCEMENT HOUSING PROGRAM 210.301430.30
Gillian Cannon, 26467 Calle San Luis, expressed appreciation for the Council's support of
the community gardens. Ms. Cannon urged that funds earmarked for the completed
Community Enhancement Housing Program remain in the current locale for first-time home
buyers.
2. PARKING PROBLEMS - LOS RIOS 570.30
Bill Hardy, 26523 Calle Lorenzo, noted that illegal parking was occurring on Los Rios Street
in the vicinity of The Tea House and was creating access problems. Mr. Hardy asked for
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enforcement of parking restrictions. Lt. Stahr was asked to provide a report to the City
Council regarding parking problems in the Los Rios area.
COMMUNITY REDEVELOPMENT AGENCY LITTLE HOLLYWOOD
HOUSING PROJECT (600.40)
Paulette Wattenburg, 26571 Ramos Street, expressed concern that the addition of a tenth unit
in the Little Hollywood area would create crowding and traffic circulation problems.
EXPRESSION OF SUPPORT
Mayor Greiner noted that the City Council's prayers for recovery from her illness were extended to
Karen Crocker, Community Services Manager. Council Member Campbell asked that the families
of the victims at Columbine High School in Littleton, Colorado, also be kept in mind.
CONSENT CALENDAR
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 Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES OF MARCH 16,199
The Minutes of the Regular Meeting of March 16, 1999, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF MARCH 25, 1999 (300.
The List of Demands dated March 25, 1999, in the total amount of $929,444.65, was ordered
received and filed.
4. RECEIVE AND FILE INVESTMENTS AS OF THE QUARTER ENDING
MARCH 31, 1999 (359.301
_ The City Treasurer's Report of Investments as of the quarter ending March 31, 1999, was
ordered received and filed.
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5. APPROVAL OF RESOLUTION NOTICE OF COMPLETION AND FINAL
REPORT - DESCANSO VETERANS PARK AND TOT LOT (CIP NO. 465) (THE
SOTO COMPANY) 600.30
As set forth in the Report dated April 20, 1999, from the Director of Engineering and
Building, the following Resolution was adopted declaring the work for the Descanso
Veterans Park and Tot Lot to be complete:
RESOLUTION NO, 99-4-20-1 COMPLETION OF DESCANSO
VETERANS PARK AND TOT LOT (THE SOTO COMPANY) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
DESCANSO VETERANS PARK AND TOT LOT (THE SOTO
COMPANY)
The Resolution accepted the work as complete in the amount of $100,395 and directed the
City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized
to release the retention in the amount of $10,039.50 thirty-five (35) days after recording the
Notice of Completion.
6. ADOPTION OF RESOLUTION ACCEPTING AN EASEMENT FOR THE
DOWNTOWN LIGHTING PROJECT (FRED STOFFEL) (670.5Q)
As set forth in the Report dated April 20, 1999, from the Engineering and Building Director,
the following Resolution accepting an easement from Fred Stoffel for Light Pole No. 34,
located on Assessor Parcel No. 124-141-010, was adopted:
RESOLUTION NO. 99-4-20-2, ACCEPTING EASEMENT FOR
DOWNTOWN LIGHTING PROJECT (FRED_ STOFFEL) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR THE
DOWNTOWN LIGHTING PROJECT FROM FRED STOFFEL
7. ADOPTION OF RESOLUTION AMENDING THE CLASSIFICATION AND
COMPENSATION PLAN SETTING NEW SALARY RANGE FOR THE
POSITIONS OF WATER PRODUCTION SUPERVISOR AND WATER
DISTRIBUTION SUPERVISOR ,700.20
As set forth in the Report dated April 20, 1999, the following Resolution was adopted
adjusting the salary range for the Water Production Supervisor and the Water Distribution
Supervisor positions retroactive to July 1, 1998, the effective date of the 1998-99
Memorandum of Understanding which obligated the City to a further evaluation of the
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salaries assigned to the positions by the Ralph Andersen and Associates Classification and
Compensation Study:
RESOLUTION NO. 99-4-20-3, AMENDING _ PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN (WATER
PRODUCTION SUPERVISOR AND WATER DISTRIBUTION
SUPERVISOR) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
RESOLUTION NO. 98-12-1-8, THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN (WATER
PRODUCTION SUPERVISOR AND WATER DISTRIBUTION
SUPERVISOR)
8. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT
APPLICATIONS (440.10)
The Report dated April 20, 1999, from the Planning Director, advising that ten new
applications had been received since the last Report on March 16, 1999, was ordered
received and filed.
9. DENIAL OF CLAIM OF JOHN BLACK. CECELIA BLACK AND TRAVIS
BLACK (170. 10
As set forth in the Report dated April 20, 1999, from the City Attorney, the claim filed by
John Black, Cecelia Black and Travis Black regarding a traffic accident outside the City
limits, was denied in its entirety.
10. ADOPTION OF RESOLUTION APPROVING THE REVISED EMERGENCY
OPERATION PLAN DATED FEBRUARY 1999 520.30
As set forth in the Report dated April 20, 1999, from the Principal Management Analyst, the
following Resolution approving the Revised Emergency Operations Plan dated February,
1999, which reflects the City's responsibilities for the Water District facilities and additional
personnel changes, was adopted:
RESOLUTION NO. 99-4-20-4 ADOPTING REVISED EMERGENCY
OPERATIONS PLAN DATED FEBRUARY, 1999 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING THE CITY OF SAN JUAN CAPISTRANO
REVISED EMERGENCY OPERATIONS PLAN DATED FEBRUARY,
1999, AND RESCINDING RESOLUTION NO. 96-12-17-3
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11, ADOPTION OF RESOLUTIONS IN SUPPORT OF ASSEMBLY BILL 1248 AND
ASSEMBLY BILL 1479 RELATING TO THE PROPOSED AIRPORT AT
MARINE CORP AIR STATION EL TORO 940.30)
As set forth in the Report dated April 20, 1999, from the Assistant City Manager, the
following Resolutions were adopted expressing support for Assembly Bills 1248 and 1479:
RESOLUTION NO. 99-4-20-5, SUPPORTING ASSEMBLY BILL 1248 -
COUNTY AIRPORTS: REVENUE BONDS - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, EXPRESSING SUPPORT FOR ASSEMBLY BILL 1248,
COUNTY AIRPORTS: REVENUE BONDS
RESOLUTION NO. 99-4-20-6 SUPPORTING ASSEMBLY BILL 1479
LOCAL GOVERNMENT REORGANIZATION: MILITARY BASES - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, EXPRESSING SUPPORT FOR
ASSEMBLY BILL 1479, LOCAL GOVERNMENT REORGANIZATION:
MILITARY BASES
Assembly Bill 1248 supports the deletion of a special exemption granted to the County of
Orange to issue revenue bonds for an airport without the approval of the voters. The bill
would require the County to obtain voter approval prior to issuing revenue bonds for the
proposed El Toro Airport. Assembly Bill 1479 would expand the Local Redevelopment
Authority to require that any jurisdiction that includes a portion of a closed military base be
included as a member of the Local Redevelopment Authority.
PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 7:24 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and reconvened at 7:52 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
APPROVAL OF AMENDMENT TO CHAPTER 3 TITLE 6 OF THE MUNICIPAL
CODE ENTITLED "MUNICIPAL SOLID WASTE COLLECTION LAW AND
RESOLUTION SETTING FEE FOR IMPOUNDING(810.20/810.80)
Written Communications:
(1) Report dated April 20, 1999, from the Principal Management Analyst, advising that
Solag Disposal, the City's solid waste hauler, had requested that the City add
provisions to the Municipal Solid Waste Collection Law to aid in enforcement of the
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franchise exclusivity. The report advised that in response to State law, the City had
adopted the Sources Reduction and Recycling Plan, which provided for the franchise
for solid waste handling services to be exclusive and all encompassing. The goal was
to target control over construction/demolition waste handled by temporary bins, a
sector of the waste stream that had not previously been regulated by the City's
franchise agreement and which represented nearly 50% of the City's total trash. The
report further advised that several waste handling companies had evoked a
grandfather rights provisions pursuant to Section 49520 of the California Public
Resources Code, which allowed waste handling operators who could demonstrate
three previous years of operations, and additional five years of continuing rights.
Those firms were provided with five-year notifications and their rights to operate in
the City expired in December, 1998. An Ordinance was forwarded amending the
City's Solid Waste Collection Law to set out procedure for notifying unauthorized
operators and for impounding containers not removed after notice was served. A
Resolution was included establishing an impound fee for temporary bins.
(2) Letter dated April 15, 1999, from Judith Ware, President of Ware Disposal Company,
Inc., P. O. Box 8206, Newport Beach, California 92658, indicating that to her
knowledge Ware Disposal Company, Inc. had never received the five-year notice and
should not be included on the list of waste haulers that will no longer be allowed to
operate in the City.
Douglas Dumhart, Principal Management Analyst, made an oral report
Public Input
(1) Madeleine Arakalian, owner of the South Coast Refuse Corporation/Integrated
Recycling Systems, 2021 Business Center Drive, Suite 114, Irvine, 92612, stated that
contractors were having their constitutional rights taken away from them by
exclusive franchise agreements, which ultimately resulted in higher costs to
consumers and an increase in unauthorized dumping and self -hauling. She asked that
this City be the first one to meet with haulers that still wanted to participate and work
out a position to meet the mandates of Assembly Bill 939. She presented copies of
a study entitled "Time to Trash Government Intervention in Garbage Service" by
Peter M. VanDoren and a copy of a Regulatory Update on Construction
Demolition/Inert Debris from the California integrated Waste Management Board,
Marcia Kiesse, Permitting & Enforcement Division.
The City Manager indicated that staff could not respond at this time to the various issues that
had been raised; the City had made a commitment to provide exclusivity and had required
the franchise contractor to protect the City in the event the City cannot meet the standards
for recycling imposed by the State. He offered to meet with Mrs. Arakalian to address her
issues if Council wishes.
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Introduction 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 Jones, that the following Ordinance be introduced:
AMENDING TITLE 6 OF THE MUNICIPAL CODE - MUNICIPAL SOLID
WASTE COLLECTION LAW - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 6-3.06 OF
THE MUNICIPAL CODE, ENTITLED "COLLECTION BY PERSONS
OTHER THAN THE EXCLUSIVE SOLID WASTE ENTERPRISE," AND
SECTION 6-3.14 OF THE MUNICIPAL CODE, ENTITLED
"ENFORCEMENT AUTHORITY"
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
Approval of Impounding Fees:
It was moved by Council Member Hart, seconded by Council Member Jones that the
following Resolution be adopted:
RESOLUTION NO. 99-4-20-7 DROP-OFF BOX IMPOUND FEES - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, PRESCRIBING FEES FOR IMPOUNDING
OF DROP-OFF BOXES
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner
NOES: None
ABSENT: None
ENGINEERING AND BUILDING DIRECTOR
APPROVAL OF FEE WAIVER FOR THE BOYS AND GIRLS CLUB OF
CAPISTRANO VALLEY, INC.(390.30)
Written Communications:
Report dated April 20, 1999, from the Engineering and Building Director, advising that the
Boys and Girls Club of Capistrano Valley had requested that the City Council waive all fees
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associated with the issuance of building permits for their new facilities to be located at the
Community Center site. The Report itemized the fees that would be assessed and
recommended waiver of all fees except direct, out-of-pocket, plan check fees to outside
consultants ($1,845) and enterprise supported Sewer ($22,999) and Water ($15,042) fees.
Total fees waived would amount to $15,762.
William Huber, Engineering and Building Director, made an oral presentation
Public Input:
(1) Tony Forster, 25951 Calle Ricardo, spoke in support of the City Council waiving all
fees, including the enterprise -supported sewer and water fees amounting to
approximately $38,000.
The City Manager advised that not requiring the Boys & Girls Club to pay the sewer and
water fees would not be a waiver but rather a grant from the General Fund in order to pay the
sewer and water enterprise fees. Council Member Jones suggested that rather than waive the
sewer and water fees, the Boys & Girls Club could be considered for funding with other
community organizations.
Approval of Fee Waiver:
It was moved by Council Member Jones, seconded by Council Member Swerdlin and carried
with Council Member Hart abstaining due to his position on the Boys & Girls Club Board
of Directors, to approve the waiver of all City fees in the amount of $15,762, with the
exception of direct, out-of-pocket, plan check fees to outside consultants and enterprise
supported Sewer and Water fees, noting that grant funding to the Boys & Girls Club would
be considered with the Community Organization Funding requests during June budget
deliberations.
ORDINANCES - None
COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES
a. Southeast Regional Reclamation Authority (SERRA) (1040.60
Council Member Jones advised that a report of the Authority's recent meeting would
be provided to Council.
b. Orange County Joint Fire Authority (540.80
Mayor Greiner advised that the City's position letter on the Fire Equity Study had
been forwarded to the Fire Authority.
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C. Joint Powers Insurance Authority(1170.30
Council Member Swerdlin noted that a meeting had been held this date regarding a
grant program. He noted he will be attending an insurance workshop at the end of
April.
d. Orange_County Vector Control District (560.50
Council Member Swerdlin advised that the Africanized Honey Bees were officially
in Orange County. He noted that the State and the County were in discussions
regarding control of the Red Imported Fire Ants. In the meantime, if residents had
problems, the District could provide suggestions for homeowners' control of the ants.
He further noted that the Vector of the Month was the mosquito.
COUNCIL COMMENTS - None
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 5:15 p.m. to the
next regular meeting date of Tuesday, May 4, 1999, at 5:30 p.m. in the City Council Chambers.
Respectfully submitted,
ATTEST:
GREINER, MAYOR
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