01-0320_CC_Minutes_Regular Meeting327
MARCH 20, 2001
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85) - None
RECESS UNTIL 7:00 P.M. BUSINESS SESSION
The Regular Meeting of the City Council of the City of San Juan Capistrano California was
called to order by Mayor Hart at 7:00 p.m. in the City Council Chamber followed by the
Pledge of Allegiance to the Flag. Invocation was given by Reverend Doran Tregarthen of
St. Margaret of Scotland Episcopal Church.
ROLL CALL PRESENT: Wyatt Hart, Mayor
David M. Swerdlin, Mayor pro tem
Diane Bathgate, Council Member
John S. Gelff, Council Member
John Greiner, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager, Jennifer Murray, Assistant City
Manager; John Shaw, Interim City Attorney; Dawn Schanderl, Acting 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 Sheriff's Department;
Jennifer Carlin, Recording Secretary.
INTRODUCTIONS PRESENTATIONS AND DONATIONS
PRESENTATION TO ASAP VOLUNTEER BOB GRISWOLD BY SUPERVISOR
TOM WILSON (610.40)
Supervisor Tom Wilson presented a Resolution to ASAP volunteer Bob Griswold for
his 4000 hours of service.
2. PRESENTATION OF CERTIFICATE OF APPRECIATION TO MR. TIBOR LAKY
AND MRS. JOANNE LAKY 610.40
Mr. Tibor Laky and Mrs. Joanne Laky were recognized for their contributions to Boy
Scout Troop No. 724.
3. PRESENTATION TO RETIRING CITY CLERK CHERYL JOHNSON (610.40)
— Mayor Hart recognized Cheryl Johnson for her years of service and commitment to
the City of San Juan Capistrano.
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4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING 110.10
Mayor pro tem Swerdlin introduced the following persons in attendance: Sheldon
Cohen, Planning Commission; Janet Siegel, Lee Buser and Don Tryon, Cultural
Heritage Commission; Marie Buckner and Joann de Guevara, Housing Advisory
Committee; Les Blair, Senior. Liaison; and Battalion Chief Peterson, Orange County
Fire Authority.
ORAL COMMUNICATIONS
(CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY/WATER DISTRICT
1. RANCHO CAPISTRANO DAY — CREMATORIUM 4 2 0.10 )
Tamara Lindner of HELP expressed opposition to the proposed crematorium and
additional traffic access through Laguna Niguel.
CONSENT CALENDAR
It was moved by Council Member Greiner, seconded by Council Member Bathgate, 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 Bathgate, Greiner, Swerdlin, Gelff and
Mayor Hart
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
The reading of all Ordinances by title only was approved.
2. APPROVAL OF MINUTES - REGULAR MEETING OF FEBRUARY 20, 2001
The Minutes of the Regular Meeting of February 20, 2001 were approved as
submitted.
3. RECEIVE AND FILE WARRANTS OF FEBRUARY 22 2001 300.30
The List of Demands dated February 22, 2001 in the total amount of $1,243,424.42,
was ordered received and filed.
4. RECEIVE AND FILE STATUS REPORT ON NEW DEVELOPMENT
APPLICATIONS 440.10
The Report dated March 20, 2001 from the Planning Director, advised that six new
applications had been received since the last Report on February 20, 2001 was
ordered received and filed.
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5. APPROVE PERSONAL SERVICES AGREEMENT FOR DESIGN AND
INSTALLATION OF SOUND SYSTEM IN COUNCIL CHAMBER GMF SOUND
INC.) (600.30)
As set forth in the Report dated March 20, 2001 from the Public Works Director, the
Personal Services Agreement with GMF Sound, Inc. to design and install a sound
system in the Council Chamber for an amount not to exceed $20,000 was approved.
6. APPROVE A RESOLUTION OFFERING WATER FACILITIES EASEMENT TO
CAPISTRANO VALLEY WATER DISTRICT CVWD THROUGH CITY OPEN
SPACE LOCATED WESTERLY OF TRACT 13726 (CAPISTRANO ESTATES
670.50
As set forth in the Report dated March 20, 2001 from the Public Works Director, the
following resolution offering water facilities easement to the Capistrano Valley Water
District through the City's open space was approved:
RESOLUTION 01-3-20-1 OFFER TO DEDICATE PUBLIC WATER FACILITIES
EASEMENT TO CVWD THROUGH CITY OPEN SPACE - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
OFFERING TO DEDICATE A PUBLIC WATER FACILITIES EASEMENT TO
CAPISTRANO VALLEY WATER DISTRICT THROUGH CITY OPEN SPACE
LOCATED WESTERLY OF TRACT 13726.
7. APPROVE PARTICIPATION IN THE ORANGE COUNTY SHERIFF'S MOBILE
DATA COMPUTERS (MDC'S) PROGRAM FOR POLICE SERVICES PATROL
CARS 580.10
As set forth in the Report dated March 20, 2001 from the Chief of Police Services,
participation in the Orange County Sheriff's MDC program for police services cars,
and commitment of funds in the amount of $112,235 received from the State of
California from the Safer Communities Technology Grants Program was approved.
8. APPROVE AGREEMENT FOR CONSOLIDATION OF SOUTHEAST REGIONAL
RECLAMATION AUTHORITY SERRA ALISO WATER MANAGEMENT AGENCY
AWMA AND SOUTH ORANGE COUNTY RECLAMATION AUTHORITY SOCRA
600.50
As set forth in the Report dated March 20, 2001 from the Engineering and Building
Director, the agreement to consolidate SERRA, AWMA, and SOCRA was approved.
9. DENIAL OF CLAIMS MASEK DANSON DEHAAS HANTEN KARJOO WELIN
KUO, LEE, MIKOLAJCZAK PRINCE_ , ROSEN, TROWBRIDGE, YAMAGUCHI_
L:L70.70)
As set forth in the Report dated March 20, 2001 from the City Attorney, the claims for
Marion Masek, Richard & Elaine Danson, David and Maria DeHaas, Stephen and
Laurie Hanten, Rahim Karjoo, Lisa Welin, Kuan Chu & Fang -Lan Wang Kuo, James
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and Marion Lee, Robert and Catherine Mikolajczak, Paul and Myrna Prince, Steven
Rosen, Bretton and Rebecca Trowbride and Yasuyuki and Ikuyo Yamaguchi were
denied.
PUBLIC HEARINGS
APPROVAL OF AN AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE OF
THE CITY OF SAN JUAN CAPISTRANO ADDING SUBSECTION 9-3.603(E)(15).
ENTITLED ARCHITECTURAL BANNERS 420.30
Proposal:
Consideration of an addition to the Municipal Code which would establish
regulations to allow limited use of pole mounted banners in commercial center
parking lots and approve a Negative Declaration. Applications would be received by
the Planning Department and forwarded to the Planning Commission for
consideration.
Applicant:
City of San Juan Capistrano
Written Communications:
Report dated March 20, 2001 from the Economic Development Manager providing
background information and describing the proposed amendment.
Economic Development Manager, Mechelle Lawrence, gave an oral presentation,
describing the proposed code amendment as presented in the staff report.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the public hearing
and there being no response, closed the hearing with the right to re -open at any
time.
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 Bathgate, seconded by Council Member Gelff, that the following Ordinance
be adopted:
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE OF SAN JUAN
CAPISTRANO REGULATING ARCHITECTURAL BANNERS - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9,
ADDING SUBSECTION 9-3.603(E)(15) ENTITLED "ARCHITECTURAL BANNERS"
AND APPROVING A NEGATIVE DECLARATION
The motion carried by the following vote:
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AYES: Council Members Bathgate, Greiner, Swerdlin, Gelff
and Mayor Hart
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:30 p.m. to convene
Redevelopment Agency and reconvened at 7:31
ADMINISTRATIVE ITEMS
CITY MANAGER
the San Juan Capistrano Community
p.m.
1. APPROVE NAMING OF THE PARK ON CAMINO REAL, ONE BLOCK SOUTH OF
MISSION SAN JUAN CAPISTRANO (920.40)
Written Communications:
Report dated March 20, 2001 from the Economic Development Manager, requesting
approval of the name "Historic Town Center Park" and authorization to transfer from
the General Fund Reserve in the amount of $1,000 to purchase a sign for the park
area on Camino Real, one block south of Mission San Juan Capistrano.
Mechelle, Lawrence, Economic Development Manager gave a brief oral
presentation.
Approval of the name "Historic Town Center Park"
It was moved by Council Member Greiner, seconded by Council Member Swerdlin,
and unanimously carried to approve the name "Historic Town Center Park" and
authorize a budget transfer from the General Fund Reserve in the amount of $1,000
to purchase a park sign.
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Swerdlin, Gelff
and Mayor Hart
NOES: None
ABSENT: None
2. APPROVE OFFER TO DONATE HISTORIC MONUMENT AND PLAQUE TO
COMMEMORATE THE MENDELSON INN AT HISTORIC TOWN CENTER PARK
150.10
Written Communications:
Report dated March 20, 2001 from the Economic Development Manager
recommending acceptance of Mr. Mendelson's offer to donate a historic monument
and plaque to commemorate the Mendelson Inn at Historic Town Center park; and,
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authorizing a transfer from the General Fund Reserve in the amount of $2,000 to
allow for a second plaque to be donated.
Mechelle Lawrence, Economic Development Manager, gave a brief oral
presentation.
A roval of Offer to Donate Historic Monument and Plaque to Commemorate
Mendelson Inn:
It was moved by Council Member Bathgate, seconded by Council Member Swerdlin
and unanimously carried that Mr. Mendelson's offer be accepted for donation of
historic monument and plaque for Historic Town Center; the transfer authorized from
the General Fund Reserve in the amount of $2,000 for a second plaque to be
dedicated to provide a broader interpretation of the history of the park and staff
directed to proceed with the development of the City's plaque.
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Swerdlin, Gelff
and Mayor Hart
NOES: None
ABSENT: None
3. APPROVE AMENDMENT TO THE TWO-YEAR MEMORANDUM OF
UNDERSTANDING WITH THE SAN JUAN CAPISTRANO CITY EMPLOYEES
ASSOCIATION (JULY 1. 2000 TO JUNE 30, 20021_ TO INSTITUTE THE
PROVISIONS OF AN AGENCY SHOP PURSUANT TO SENATE BILL NO. 739
730.30
Written Communication:
Report dated March 20, 2001 from the City Manager recommending adoption of a
resolution to approve the Side Letter of Agreement amending the Two -Year
Memorandum of Understanding with the San Juan Capistrano City Employees
Association to Institute the Provisions of an Agency Shop pursuant to Senate Bill
No. 739.
City Manger George Scarborough gave an oral presentation outlining the staff
report.
Adoption of Resolution Approving Amendment to the Memorandum Of
Understanding with the San Juan Capistrano City Employees Association:
On a motion by Council Member Bathgate, and seconded by Mayor Hart, the
following Resolution was adopted approving the amendment to the Two -Year
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Memorandum of Understanding with the San Juan Capistrano City Employees
Association:
RESOLUTION NO. 01-3-20-2 AMENDING FISCAL YEAR 2000-2001 CLASSIFIED
MEMORANDUM OF UNDERSTANDING - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
FISCAL YEAR 2000-2001 OF MEMORANDUM OF UNDERSTANDING — SAN
JUAN CAPISTRANO CITY EMPLOYEES ASSOCIATION.
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Swerdlin,
and Mayor Hart
NOES: None
ABSENT: None
ABSTAIN: Council Member Gelff
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Orange County Vector Control District 560.50
Council Member Swerdlin reported that Mosquitoes were the "Vector of the
Month".
COUNCIL COMMENTS
1. Capistrano Unified School District CUSD Potential School Sites/Eastern Area of
CA 515. 10)
Council Member Bathgate suggested two City Council members meet with two
Board Members of the Capistrano Unified School District to discuss issues regarding
two future school sites. Council Member Bathgate will serve as one of the
representatives. Item to be agendized for April 3, 2001 meeting to appoint additional
City Council representative.
2. EASTERN CITY BOUNDARY (620.60):
Council members discussed consideration of a work program establishing a sphere
of influence on the City's eastern boundary. Item to be scheduled for April 3, 2001
meeting.
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ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:50
p.m. to the next regular meeting date of Tuesday, April 3, 2001 at 5:30 p.m. in the City
Council Chamber.
110 V-10415 ,IR 10,. .
WP� HART, -
CC Minutes
Respectfully submitted,
DAWN scHANDERL, ACTING CITY CLERK
M
03/20101