01-0816_CC_Minutes_Special MeetingMINUTES
August 16, 2001
SAN JUAN CAPISTRANO CITY COUNCIL
Mayor Hart called the Special Meeting of the City Council of the City of San Juan
Capistrano, California, to order at 7:02 p.m. in the City Council Chamber. Council
Member Gelff led the Pledge of Allegiance to the Flag. Father Doran Tregarthen gave
the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Diane Bathgate, John Gelff, Mayor pro tem David
Swerdlin and Mayor Hart.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: George Scarborough, City Manager, Jennifer Murray; Assistant City
Manager; Ken Smart (for John Shaw), City Attorney; Meg Monahan, City Clerk; Lt. Rick
Star, Police Services
ORAL COMMUNICATIONS
Dennis Draper, 31141 Via Crystal, expressed concern with the quality of a recent city
paving process.
George Scarborough, City Manager, indicated that the contractor's work had not been
accepted by the city and the city was reviewing options for having the work corrected.
Mayor pro tem Swerdlin requested that additional street sweeping operations take place
to reduce the problems associated with the paving.
COUNCILMANIC ITEMS
1. APPOINTMENT PROCESS FOR FILLING VACANT COUNCIL SEAT ADOPTED (610.50)
Description: A City Council seat became vacant by the Resignation of John
Greiner, as of August 1, 2001. This Special Meeting was called to consider
appointment and related alternatives to filling the vacant City council seat.
Written Communications: Report dated August 7, 2001 and resubmitted August
16, 2001 from John Shaw, City Attorney. Correspondence was received from
Lucienne Austin, Addie Ogden, Maxine LeFleur, Jim Maag, John Donahue,
Angie Scaiola, Shirely Brawley, Bobbi Decker, Eileen Mooney, Marianna H.
Handler, Geri Schuster, William Pierce, Patricia Grinnell, Samuel J. Cheappone,
cc Minutes 1 08-16-01
Phyllis Strout, Bethanne Wright, David Atwood, Jack Heath, Michael D. Thorpe,
Erma M. Thomas, Marilyn Swan, Trish Haufer, Betty Kinney, and Jan Siegel
Oral Presentation: Mayor Hart recommended that an appointment process be
established to fill the vacant Council seat on an interim basis and that a Special
Election be called for November 5, 2002 to fill the seat until completion of the
term, approximately two years. He recommended that applications in the form of
"Letters of Interest" or completing an "Application" be implemented. The
applications could be submitted to the City Clerk until 5:00 p.m. on Monday,
August 27, 2001. A meeting of the City Council could then be held on
Wednesday, August 29, 2001 at 7:00 p.m. to allow for nominations and
appointment to fill the seat.
Public Comment:
Bobbie Decker, 26000 Avenida Aeropuerto #49, felt that Mike Eggers, candidate
in the November 2000 election, should be appointed to the open seat because
voters were aware of his position and he was the un -elected candidate with the
highest number of votes.
Jack Heath, 26000 Avenida Aeropuerto #225, felt that Mike Eggers should be
appointed to the open seat, citing the reasons suggested by Decker.
Marleen Draper, 31141 Via Crystal, asked that Council consider all applicants as
Council had been entrusted as the voters' representatives.
Mat Gaffney, 25672 Calle Jardin, asked to be considered for the appointment
and recommended that an interview process take place.
Marianna Handler, 26000 Avenida Aeropuerto #41 felt Council should consider
only candidates from the last municipal election for appointment to the vacant
seat.
Council Comments:
Mayor pro tem Swerdlin commented regarding a nomination process for the
August 29, 2001 meeting. He suggested that nominations be accepted only from
the names of applicants for the position and that nominations be accepted from
all of the Council Members desiring to nominate.
Council Member Bathgate agreed that nominations be limited to those who had
applied for the position. She felt that nominations could be taken from the floor
and proceed through the process of being seconded and discussed.
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Council Member Gelff favored the process suggested by Council Member
Bathgate and suggested that Mayor pro tem Swerdlin be the first to make a
nomination.
Ken Smart, sitting -in for John Shaw, City Attorney, suggested that Council defer
action to call a Special Election until the meeting on August 29, 2001.
Council Action: Moved by Council Member Gelff, seconded by Mayor pro tem
Swerdlin and carried unanimously, 4/0, to fill the vacant City Council seat by
accepting and considering "Letters of Interest' or "Applications" for the vacant
seat; and conducting a nomination and appointment process at the meeting of
August 29, 2001, limited to Letters of Interest or Applications received by the City
Clerk by 5:00 p.m. August 27, 2001.
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 7:31 p.m. to the
Regular meeting, Tuesday, August 21, 2001, in the City Council Chamber.
Respectfully submitted,
R. MONAHAN, CITY CL
Adopted, September 4, 2001
ATTEST
YAT ART, MAYOR
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
) ss. AFFIDAVIT OF POSTING
I, Margaret R. Monahan, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano.
That in compliance with Government Code Section 54954.2, on the 14`h day of August
2001, 1 caused to be posted:
City Council Notice
for the Special Meeting of Thursday, August 16, 2001
in three (3) public places in the City of San Juan Capistrano, to wit: City Hall;
Community Recreation Center; Orange County Public Library.
I declare under penalty of perjury that the foregoing is true and correct
0.
R. Monahan, City Clerk
Capistrano, California