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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. City Council Minutes -1- 4/20/99 108 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 City Council Minutes -2- 4120199 109 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. City Council Minutes -3- 4/20199 110 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 City Council Minutes 4- 4/20/99 III 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 City Council Minutes -5- 4120199 112 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 City Council Minutes -6- 4/20/99 113 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. City Council Minutes -7- 4/20/99 114 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 City Council Minutes -8- 4/20/99 115 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. City Council Minutes -9- 4/20/99 116 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 City Council Minutes -10- 4/20/99