04-1019_CC_Minutes_Regular MeetingMINUTES
OCTOBER 19, 2004
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.$5):
The Following noticed Closed Session was held as authorized by statute:
1. Pursuant to Government Code section 54956.9(b)(2), the City Council conferred
with its legal counsel regarding one matter.
Mayor Soto called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:00 p.m. in the City Council Chamber. Council Member Allevato
led the Pledge of Allegiance and Council Member Swerdlin gave the invocation. Mayor
Soto dedicated the meeting to the late Irene Baker, Council Member Swerdlin's mother-
in-law, who passed away on Tuesday, October 6, 2004.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Diane Bathgate, David M. Swerdlin,
Mayor pro tem Wyatt Hart, and Mayor Joe Soto.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: David Adams, City Manager; William M. Huber, Assistant City
Manager; Cynthia L. Russell, Administrative Services Director; Margaret R. Monahan,
City Clerk; Molly Bogh, Planning Director; Nasser Abbaszadeh, Engineering and
Building Director; Amy Amirani, Public Works Director; Al King, Jr., Community Services
Director; Lt. J. B. Davis, Chief of Police Services; and Eileen White, Recording
Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS: None
CITY COUNCIL COMMENTS AND ORAL REPORTS:
Council Member Swerdlin reported the third Orange County death related to the West
Nile Virus and encouraged residents to take precautions; and he announced that the
Vector of the Month was the Asian Tiger Mosquito.
Mayor Soto extended birthday wishes to Nasser Abbaszadeh, Engineering & Building
Director; Kelly Tokarski, Public Relations Consultant to the City; Cynthia L. Russell,
10-19-04
Administrative Services Director; Council Member Bathgate; Council Member Allevato;
and Mayor pro tem Hart.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Al King, Jr., Community Services Director, announced upcoming community events to
be held in October, including the Vintage Event sponsored by the Chamber of
Commerce, to be held on the Mission grounds on Saturday, October 24; and advised
the public to access the City's website for additional October events. He announced that
the shortage of the flu vaccine caused cancellation of the annual flu shots made
available to seniors and encouraged those at high risk to contact Elaine Tracy, Senior
Citizen Coordinator, for assistance in obtaining a vaccine.
Meg Monahan, City Clerk, announced that the City would host Early Voting through
October 29th.
INTRODUCTIONS PRESENTATIONS AND DONATIONS
1. CERTIFICATE OF ACHIEVEMENT PRESENTED TO CAMBRIA CHICHI
(610.40)
Mayor Soto recognized Cambria Chichi for her contributions to the Boys & Girls
Club and the community and presented her with a Certificate of Recognition.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Hart introduced the following individuals in attendance: Joanne
Marquez, Housing Advisory Committee and Sheldon Cohen, Planning
Commission.
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Council Action: Moved by Council Member Swerdlin seconded by Council Member
Bathgate and carried unanimously, 5-0, to approve items 1 through 6 as recommended
by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
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2. MINUTES OF THE REGULAR MEETING OF SEPTEMBER 21, 2004
APPROVED AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED SEPTEMBER 30, 2004, IN THE
AMOUNT OF $1,428,431.17; AND PAYROLL WARRANTS DATED OCTOBER
8, 2004, IN THE AMOUNT OF $256,076.18, RECEIVED AND FILED. (300.30)
4. AMENDMENT NO. 9 TO COOPERATIVE AGREEMENT NO. C-95-989
COMBINED TRANSPORTATION FUNDING PROGRAMS MASTER FUNDING
AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY
(OCTA) APPROVED. (600.50)
5. AWARD OF BID FOR PURCHASE OF (16) SIXTEEN PENTIUM
WORKSTATIONS TO DELL COMPUTER CORPORATION FOR $13,637.71
APPROVED. (370.30)
6. RESOLUTION NO. 04-10-19-01, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REPEALING THE EXISTING ENVIRONMENTAL REVIEW GUIDELINES
ADOPTED JULY 5, 1994 AND APPROVING THE CITY OF SAN JUAN
CAPISTRANO LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE §§ 21000 ET
SEQ.) (2004 CEQA GUIDELI NES),"ADOPTED. (410.20)
PUBLIC HEARINGS
CONSIDERATION OF GENERAL PLAN AMENDMENT GPA 04-01 AND PRE -
ZONING RZ 04-05 FOR 33 ACRES OF UNINCORPORATED TERRITORY
LOCATED WEST OF LA PATA AVENUE, APPROXIMATELY 1000 FEE SOUTH
OF ORTEGA HIGHWAY (WHISPERING HILLS ESTATES), CANCELED AT
THE REQUEST OF THE APPLICANT. (440.251460.20)
Meg Monahan, City Clerk, announced that this item would be rescheduled to a
future meeting.
RECESS AND RECONVENE
Council recessed at 7:13 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:14 p.m.
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ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. RESOLUTION NO. 04-10-19-02 ADOPTED SUPPORTING PROPOSITION 1A
AND OPPOSING PROPOSITION 65, RELATED TO STATE USE OF LOCAL
AGENCY FUNDS. (630.30)
Description: Proposition 1A is an historic bipartisan agreement between the
governor, local governments, public safety officials, healthcare advocates,
taxpayers and community leaders that prevents the state legislature from taking
and using local government funds except in the event of a "significant state
financial hardship. " Proposition 65 is a similar, less effective proposition, without
long term protection, that has been supplanted by Proposition 1A. Proposition
65's official sponsors now opposed Proposition 65 and support Proposition 1A.
Staff recommended Council adopt a resolution supporting Proposition 1A and
opposing Proposition 65 on the November ballot.
Written Communications: Report dated October 19, 2004, by William M. Huber,
Assistant City Manager.
Presentation: William M. Huber, Assistant City Manager, summarized the staff
recommendation.
Council Comment:
Council Member Swerdlin did not support the resolution because he believes the
California legislature will demand additional funds from cities in order to balance
the state budget, rendering the agreement reached in Proposition 1A
meaningless.
Council Action: Moved by Mayor pro tem Hart, seconded by Council
Member Allevato and carried 4-1, with Council Member Swerdlin against, to
adopt Resolution No. 04-10-19-02, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
SUPPORTING PROPOSITION 1A AND OPPOSING PROPOSITION 65."
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Hart, Mayor Soto
NOES: COUNCIL MEMBERS: Swerdlin
ABSTAIN: COUNCIL MEMBERS: None
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ORDINANCES -None
COUNCILMANIC ITEMS - None
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 7:20 p.m. to
Tuesday, November 2, 2004, at 5:30 p.m. for Closed Session and 7:00 p.m. for the
Public Business Section, in the City Council Chamber.
Respectfully submitted,
R. MONAHAN, CITY CLERK
: NovembeT 16, 2004
ATTEST:
/ I" 1 0,
JOE SOTO, MAYOR
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