05-0526_CC_Minutes_Special MeetingMINUTES
MAY 26, 2005
SAN JUAN CAPISTRANO CITY COUNCIL
SPECIAL MEETING
Mayor Hart called the special meeting of the City Council of the City of San Juan
Capistrano to order at 7:03 p.m. in the City Council Chamber. Council Member Allevato
led the Pledge of Allegiance and Mayor pro tem Swerdlin gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Joe Soto, Mayor pro tem David M.
Swerdlin, and Mayor Wyatt Hart.
COUNCIL MEMBERS ABSENT: Diane Bathgate (excused)
STAFF PRESENT: David Adams, City Manager; William M. Huber, Assistant City
Manager; John Shaw, City Attorney; and Meg Monahan, City Clerk
ORAL COMMUNICATIONS: None
ADMINISTRATIVE ITEMS
CITY ATTORNEY
a. REPORT CONCERNING CHEVRON, INC. V. STATE OF HAWAII REGARDING
NEW CASE RULE ON "TAKINGS" LAW (640.10)
John Shaw, City Attorney, provided a verbal report to the City Council concerning
a recent U. S. Supreme Court case rule on "takings" law, Chevron, Inc. v. State
of Hawaii. The ruling benefits public entities by throwing out a previously used
test used in claims by private property owners against public entities with regard
to restriction of use on property. A takings claim can still be made in very limited
circumstances. He opined that the ruling had related to mobile home rent
control, as the courts cannot second guess the legislative choices made by the
City Council. He also felt the ruling invalidated the premium transfer theory used
recently by opponents of the city's mobile home rent control ordinance.
No action was recommended or taken.
COUNCILMANIC ITEMS
RESOLUTION NO. 05-05-26-01 ADOPTED OPPOSING A RECALL OF THE
CAPISTRANO UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES (515.20)
5-26-2005
Council Member Soto recused himself from consideration of this subject matter
application due to his business dealings with the Capistrano Unified School
District. He left the Council Chamber.
Mayor Hart announced the City Council would take under consideration opposing
the recall effort directed toward the Capistrano Unified School District (CUSD)
Board of Trustees.
John Shaw, City Attorney, reported that City Councils commonly make policy
decisions on an array of issues.
Written Communications: Correspondence opposing the recall effort was
received from: Alicia Hoover, OC Taxpayers Association, Cathy Curran, Kristy
Parco, Monique & Mark Cymerint, Douglas Mierczynicki, and Kathy Spencer.
Public Comment:
Tom Hribar, City resident, supported current CUSD Board members citing their
history of volunteerism. He encouraged challengers to run in the next scheduled
election.
Steve Burt, San Clemente resident, felt the City should not be involved in the
CUSD election issues due to lack of knowledge of the issues.
Kim Lefner, City resident, supported the recall effort because funds used for a
new administration building and high school should instead be used to renovate
existing facilities.
Stephanie Zoch, City resident, felt the City Council should not be involved.
Kevin Murphy, City resident, felt CUSD was not using San Juan Capistrano
Community Redevelopment Agency pass-through funds appropriately and funds
should be used for local schools.
Mike Mathewson, City resident, felt CUSD was making false statements about
use of Community Redevelopment Agency funds. The funds should be used to
fund existing schools.
Ron Lackey, Dana Point resident, felt CUSD Board was not meeting the needs of
special needs children.
Jennifer Beal, Rancho Santa Margarita resident, supported the recall of the
CUSD Board due to fiscal mismanagement.
2 5-26-2005
Barbara Shangraw, City resident, felt the recall effort was too costly and not
appropriate as there were no challengers at the last election. The cost would
render current education programs unstable.
Teri Morelli, Laguna Niguel resident, supported the recall due to the inappropriate
placement of her special needs son.
Phil Schwartze, City resident, felt the Council should take a position opposing the
recall effort.
Rick Friess was opposed to the recall due to the costs and the proximity of the
effort to a recent election of CUSD Board members.
Frank Fuller, City resident, felt it was inappropriate for the City Council to
consider the recall issue.
Frank Hill, City resident, a former CUSD teacher, supported CUSD Trustee,
Marlene Draper.
Jennifer Timm, Orange County resident, was opposed to the recall effort as
funds were needed for education.
Erin Kutnick, City resident, opposed the recall effort, as it is expensive and
seemed related to boundary changes.
Brad Gates, City resident, member of Citizen's Oversight Committee of CUSD
funds, opposed the recall and felt the City Council should formally support the
CUSD Board.
Gary Hausdorfer, Dana Point resident, felt it was appropriate for the Council to
consider opposing the recall effort. He opposed the effort as there were no
opponents in the recent CUSD Board election.
Cori Tanner, Orange County resident, opposed the recall effort due to the costs.
Rick Scalzo, City resident, felt the recall effort was inappropriate as the trustees
were recently elected.
Sheri Saladon, Laguna Niguel resident, felt the reasons behind the recall effort
were insufficient.
Council Comment:
Council Member Allevato opposed the recall effort because Board of Trustees
members recently ran for their seats unopposed and they were not charged with
3 5-26-2005
criminal acts. He felt money used for a recall election would be better used to
fund education.
Mayor pro tem Swerdlin felt that proponents of both positions were sincere in
their actions. He suggested they work together toward a solution rather than
advancing a recall effort.
Mayor Hart felt the issues of concern were better addressed at a regular election
among opposing candidates. He opposed the recall effort because it would
affect the entire city. He also cited the high level of scholastic achievement of
CUSD's state recognized Blue Ribbon Schools.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council
Member Allevato, and carried 3-0-1 to adopt Resolution No. 05-05-26-01
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, OPPOSING A RECALL OF THE
CAPISTRANO UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES."
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Swerdlin, and Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBER: Soto
ABSENT: COUNCIL MEMBER: Bathgate
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 8:25 p.m. to
Tuesday, June 7, at 5:30 p.m. for Closed Session, and 7:00 p.m. for the Public
Business Session in the City Council Chamber.
Respectfully submitted,
R. MONAHAN, CITY C
Approved: June 21, 2005
q 5-26-2005