05-0118_CC_Minutes_Regular MeetingMINUTES
JANUARY 18, 2005
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85)
A Closed Session was held for the following purpose, as authorized by statute:
1. Pursuant to Government Code section 54956.9, the City Council conferred with
its legal counsel regarding the status of the matter of Saddleback Valley Christian
School v. City of San Juan Capistrano.
Mayor Hart called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:01 p.m. in the City Council Chamber. Council Member Allevato
led the Pledge of Allegiance and Mayor pro tem Swerdlin gave the invocation. Mayor
Hart dedicated the meeting to the memory of long time community volunteer Marge
Madigan, who passed away on December 13, 2004.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Diane Bathgate, Joe Soto, Mayor pro
tem David M. Swerdlin, and Mayor Wyatt Hart.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: David Adams, City Manager; William M. Huber, Assistant City
Manager; Cynthia L. Russell, Administrative Services Director; John Shaw, City
Attorney; Meg Monahan, City Clerk; Molly Bogh, Planning Director; Nasser
Abbaszadeh, Engineering and Building Director; Amy Amirani, Public Works Director;
Lt. J. B. Davis, Chief of Police Services; Karen Crocker, Community Services Manager;
Douglas D. Dumhart, Economic Development Manager; and Eileen White, Recording
Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Allevato reported attendance at a League of California Cities seminar
and commented that lack of affordable housing is a pressing issue throughout the state;
and he commended staff for their response to the emergency on January 11, 2005.
Council Members concurred.
Council Member Bathgate reported attendance at a South Orange County Wastewater
Authority (SOCWA) finance meeting and that SOCWA has begun a search to replace
their retiring general manager.
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Council Member Soto reported attendance at a County Waste Management ----
Commission meeting. He commended Ziad Mazboudi, Senior Civil Engineer, for his
efforts toward the city exceeding our goal to divert at least 50% of solid waste from the
landfill — a goal that many South County cities have not met. The City now diverts 64%
of solid waste generated.
Mayor pro tem Swerdlin announced that the Transportation Corridor Agency expects
release of the 241 -South Environmental Impact Report this spring and the agency is
searching for a new Chief Operating Officer. He announced the Orange County Vector
Control "Vector of the Month" for December and January as the Ground Squirrel Flea
and Human Malaria, respectively.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Manager, announced upcoming events including a
multicultural art series performance and the celebration of the life of Marge Madigan,
scheduled for January 20, 2005.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. CERTIFICATES OF APPRECIATION PRESENTED TO JIM EASLEY AND BILL
REITZEL. (610.40)
Mayor Hart recognized Jim Easley and Bill Reitzel for their volunteer hours of
service to the Associated Senior Action Program. He presented each with a
Certificate of Appreciation (Lt. J. B. Davis, Chief of Police Services, received the
certificate for Jim Easley, who was not in attendance).
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following individuals in attendance: Marie
Buckner, Housing Advisory Committee; Les Blair, Council Liaison to the San
Juan Seniors; and Phil Schwartze, former Mayor and his wife Marsha.
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Council Action: Moved by Council Member Allevato seconded by Council Member
Soto and carried unanimously, 5-0, to approve items 1, 3, 5, 7, & 8 as recommended by
staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. CITY COUNCIL MINUTES APPROVED:
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The minutes were removed from the Consent Calendar to allow Mayor pro
tem Swerdlin to abstain.
MINUTES OF THE REGULAR MEETING OF JANUARY 4, 2005,
APPROVED AS SUBMITTED.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Soto and carried 4-0-1, with Mayor pro tem Swerdlin
abstaining, to approve the minutes of the regular meeting of January 4,
2005, as submitted.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Soto, Bathgate, Mayor
Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS
Swerdlin
MINUTES OF THE SPECIAL MEETING OF JANUARY 5, 2005,
APPROVED AS SUBMITTED.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Soto and carried 4-0-1, with Mayor pro tem Swerdlin
abstaining, to approve the minutes of the special meeting of January 5,
2005, as submitted.
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Soto, Bathgate, Mayor
Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS:
Swerdlin
MINUTES OF THE EMERGENCY MEETING OF JANUARY 11, 2005,
APPROVED AS SUBMITTED.
Council Action: Moved by Council Member Allevato, seconded by
Council Member Soto and carried 4-0-1, with Mayor pro tem Swerdlin
abstaining, to approve the minutes of the emergency meeting of January
11, 2005, as submitted.
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ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Soto, Bathgate, Mayor
Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Swerdlin
3. RESOLUTION NO. 05-01-18-01, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
SUPPORTING THE SUBMITTAL OF ORTEGA HIGHWAY WIDENING FROM
CALLE ENTRADERO TO THE EAST CITY LIMITS TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED
TRANSPORTATION FUNDING PROGRAM," ADOPTED. (800.70)
4. ACCOUNTS PAYABLE WARRANTS DATED DECEMBER 21, 2004, 1N THE
AMOUNT OF $1,614,003.35 AND DATED JANUARY 6, 2005, IN THE AMOUNT
OF $1,419,630.98; AND PAYROLL WARRANTS DATED DECEMBER 29, 2004,
IN THE AMOUNT OF $308,226.36, RECEIVED AND FILED. (300.30)
This item was removed from the Consent Calendar to allow Council Member
Bathgate to abstain.
Council Action: Moved by Council Member Allevato, seconded by Council
Member Soto and carried 4-0-1, with Council Member Bathgate abstaining, to
receive and file Accounts Payable Warrants dated December 21, 2004, in the
amount of $1,614,003.35 and dated January 6, 2005, in the amount of
$1,419,630.98; and Payroll Warrants dated December 29, 2004, in the amount of
$308,226.36
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Soto, Swerdlin, Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Bathgate
5. RESOLUTION NO. 05-01-18-02, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE QUITCLAIM OF A PORTION OF AN UNACCEPTED
IRREVOCABLE OFFER FOR EQUESTRIAN TRAIL PURPOSES WITHIN
ASSESSOR'S PARCEL NUMBER 675-331-13 (33522 VALLE ROAD.
BRAZEAU)," ADOPTED; AND THE CITY CLERK DIRECTED TO FORWARD
THE QUITCLAIM DEED TO THE ORANGE COUNTY RECORDER. (670.50)
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6. REQUEST BY CARE FOR USE OF THE SAN JUAN CAPISTRANO SPORTS
PARK AND COMMUNITY CENTER FOR THE CARE ANTIQUE CAR SHOW
APPROVED SUBJECT TO CONDITIONS; AND AN 81% FEE REDUCTION, IN
THE AMOUNT OF $660, APPROVED. (390.30)
Council Member Soto removed this item from the Consent Calendar for
discussion.
Public Comment: Phil Schwartz, CARE President, requested approval of the
fee reduction because the money raised goes to support the animal rescue and
adoption center; CARE provides services to all residents of the City; and other
community support groups will be participating in the event,
Council Member Soto stated that although he supports CARE organization, he
believes that City funds, in the form of fee waivers, should not be expended after
a yearly event has been established and is supported by the community.
Council Member Bathgate agreed that fee waiver requests for yearly events
should diminish each year and ultimately be phased out.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council
Member Allevato, and carried 3-2, with Council Member Bathgate and Council
Member Soto opposed, to approve the request by CARE for use of the San Juan
Capistrano Sports Park and Community Center for the CARE Antique Car Show,
subject to conditions; and approve an 81 % fee reduction, in the amount of $660.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Allevato, Swerdlin, Mayor Hart
Soto, Bathgate
None
7. ANNUAL FINANCIAL REPORT OF DEVELOPER IMPACT FEES, PURSUANT
TO GOVERNMENT CODE 66006 (AB 1600 REPORT) RECEIVED AND FILED.
(420.20)
8. RESOLUTION NO. 05-01-18-03, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING A SUPPLEMENTAL RETIREMENT PLAN FOR CITY
EMPLOYEES AS A MONEY PURCHASE PENSION PLAN PURSUANT TO THE
UNITED STATES INTERNAL REVENUE CODE SECTION 401(A)," ADOPTED.
(720.60)
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PUBLIC HEARINGS - None
RECESS AND RECONVENE
Council recessed at 7:28 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:30 p.m.
ADMINISTRATIVE ITEMS - None
ORDINANCES - None
COUNCILMANIC ITEMS - None
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 7:30 p.m. to
Tuesday, February 1, 2005, 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,
RET R. MONAHAN, CITY CLERK
February 15, 2005
ATTEST:
WYAT ART, MAYOR
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