01-0417_CC_Minutes_Regular Meeting345
April 17, 2001
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85
The Closed Session scheduled for 5:30 p.m. was moved to the end of the agenda and
convened at 7:55 p.m. Council met in a Closed Session for the following purposes as
authorized by statute:
1. Pursuant to Government Code Section 54956.9, the City Council reviewed
with its Legal Counsel the status of Taylor Ball, Inc. V. City of San Juan
Capistrano.
2. Pursuant to Government Code Section 54957.6, the City Council met with its
labor negotiator (City Manager) concerning terms and conditions of
employment with respect to the Management/Classified employees.
3. Pursuant to Government Code Section 54957, the City Council met for the
purpose of conducting an evaluation of the performance of the City Manager.
4. Pursuant to Government Code Section 54956.9(c), the City Council conferred
with its Legal Counsel regarding one matter.
7:00 P.M. BUSINESS SESSION
The Regular Meeting of the City Council of San Juan Capistrano, California, was called to
order by Mayor Hart at 7:02 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Robert L. Schwenck of
Community Presbyterian Church.
ROLL CALL PRESENT: Wyatt Hart, Mayor
David M. Swerdlin, Mayor pro tem
Diane Bathgate, Council Member
ABSENT: John S. Gelff, Council Member
John Greiner, Council Member
STAFF PRESENT: George Scarbourgh, 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; and Jennifer Carlin, Recording Secretary.
CC Minutes -1- 04/17/01
346
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY, CAPISTRANO VALLEY
WATER DISTRICT
No action to report.
INTRODUCTION PRESENTATIONS AND DONATIONS
PRESENTATION TO SAN JUAN CAPISTRANO BUSINESS PARTICIPANTS OF
THE SWALLOWS DAY PARADE SHUTTLE BUS PROGRAM 610.40
Endevco Corporation, Fluidmaster, Inc., Kaiser Foundation Health Plan Inc., and
Sycamore Commons Corporate Center were recognized for their participation in the
Swallows Day Parade Shuttle Bus Program.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10
Mayor pro tem Swerdlin introduced the following persons in attendance: Ethel
Tregarthen, Marie Buckner, Joann de Guevara, Housing Advisory Commission; Tom
Ostensen, Parks, Recreation and Equestrian Commission; Les Blair, Senior Liaison;
Battalion Chief Whitaker; and Former Mayors Ken Friess and Roy Byrnes.
ORAL COMMUNICATIONS
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGNECYIWATER DISTRICT
1. Request for Law Enforcement 580.10 — Trish Kelley, Capistrano Valley High
School PTSA President, requested assistance to provide a deputy sheriff on
campus.
2. Quality of Life (610.25) — Barbara Rosenbaum, speaking on behalf of the League of
Women Voters, asked the Council to give independent direction to SCAG, OCCTA &
TCE regarding decisions being made by them that will impact the quality of life for all
citizens of Orange County.
3. President Plaque to the Cit 610.40 — Diane Butler, Executive Director of the Fran
Joswick Center, 26284 Oso Road, thanked the City for all its help and support.
CONSENT CALENDAR
It was moved by Council Member Bathgate, seconded by Council Member Swerdlin, that
the staff recommendations be accepted for the following items listed on the Consent
Calendar. The motion carried by the following vote, with the exception of item No. 6, which
was pulled for discussion:
CC Minutes
-2-
04/17/01
347
AYES: Council Members Bathgate, Swerdlin, and Mayor Hart
NOES: None
ABSENT: Council Members Gelff and Greiner
1. MOTION TO READ BY TITLE ONLY
The reading of all Ordinances by title only was approved.
2. APPROVAL OF MINUTES — REGULAR MEETING OF MARCH 20, 2001
The Minutes of the Regular Meeting of March 20, 2001 were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF MARCH 22 2001 300.30
The List of Demands dated March 22, 2001 in the total amount of $1,388,358.80
was ordered and received and filed.
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR JANUARY 31, 2001
330.50
The City Treasurer's Report of Cash Fund Balances for the month of January 2001
was ordered received and filed.
5. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT APPLICATIONS
440.10
The Report dated April 17, 2001, from the Planning Director, advising that no new
applications have been received since the last Report on March 20, 2001 was
ordered received and filed.
8. APPROVE DEFERRAL OF TIME FOR UTILITY UNDERGROUNDING ALONG
CAMINO CAPISTRANO ARCHITECTURAL CONTROL 98-07 SILVERADO
SENIOR LIVING (600.30
Report dated April 17, 2001, from the Engineering and Building Director,
recommending for approval the deferral of time for the utility undergrounding of
Silverado Senior Living's property frontage along Camino Capistrano; authorizing the
Mayor and City Clerk to execute the agreement and directing the City Clerk to
forward the Development Agreement for recordation with the exception that staff was
directed to bring back agenda report for meeting of May 1, 2001 regarding the
escalating factor amount.
CC Minutes -3- 04/17/01
348
The motion carried by the following vote:
AYES: Council Members Bathgate, Swerdlin, and Mayor Hart
NOES: None
ABSENT: Council Members Gelff and Greiner
7. APPROVE WAIVER OF FEES FOR RENTAL OF COMMUNTIY CENTER
(ORANGE COUNTY BOARD OF SUPERVISORS FIFTH DISTRICT: APRIL 18,
2001)1-'3()()-3())
As set forth in the Report dated April 17, 2001 from the Community Services
Director, recommending to waive Community Center rental fees for the Orange
County Board of Supervisors, Fifth District's Trails Summit 2001 to be held on
Wednesday, April 18, 2001 was approved.
PUBLIC HEARING - None
RECESS AND RECONVENCE
Council recessed at 7:37 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and reconvened at 7:38 p.m.
ADMINSTRATIVE ITEMS
CITY MANAGER
ADOPTION OF RESOLUTION AMENDING THE CLASSIFICATION AND
COMPENSATION PLAN TO CREATE THE POSITION OF PERSONNEL
ASSISTANT (700.20)
Written Communications
Report dated April 17, 2001, from the City Manager, recommending approval of a
Resolution to amend the Classification and Compensation Plan to create the position
of Personnel Assistant.
George Scarborough, City Manager, made an oral presentation.
Adoption of Resolution Amending the Classification and Compensation Plan:
it was moved by Council Member Swerdlin, seconded by Council Member Bathgate
and unanimously carried the following Resolution amending the Classification and
Compensation Plan to create the position of Personnel Assistant was approved:
CC Minutes
-4- 04/17/01
349
RESOLUTION NO. 01-4-17-1 AMENDING RESOLUTION NO 94-12-6-5 THE
w CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN — A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA AMENDING RESOLUTION NO. 94-12-6-5, THE
CITY'S PERSONNEL CLASSIFICATION AND COMPESANTION PLAN
2. UPDATE OF THE ORTEGA HIGHWAY MITIGATION PROGRAM (800.20
Written Communication:
Report dated April 17, 2001, from the Principal Management Analyst, recommending
City Council deem the sound window mitigation program complete and redirect
importation fee revenues to other mitigation efforts.
Douglas D. Dumhart, Principal Management Analyst, gave an oral presentation.
Public Input:
1. John Zelko, 31972 Via La Plata, thanked staff for their help with contacting
Caltrans to assist in street repair near his home.
2. Brad Liberg, 31101 Calle del Campo, indicated he was new to area and
requested more information regarding the sound mitigation program. Mr.
Liberg to follow-up with staff.
Approval of Update of the Ortega Highway Mitigation Program:
It was moved by Council Member Bathgate, seconded by Council Member Swerdlin
and unanimously carried that the sound window mitigation program be deemed
complete and the importation fee revenues be redirected to other mitigation efforts.
ORDINANCES - None
COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern Corridor 800.50
Mayor Hart reported the agency is looking at different alignments to find some
resolution to the continuation of the Foothill South.
b. Joint Powers Insurance Authority 170.30
Council Member Swerdlin will attend an upcoming Executive Workshop.
C. Orange County Vector Control District (560.50)
Council Member Bathgate will attend the next meeting.
CC Minutes -5- 04/17/01
350
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:55 p.m
to Closed Session. The meeting reconvened at 8:50 p.m. and was adjourned the next
regular meeting date of Tuesday, May 1, 2001 at 5:30 p.m. in the City Council Chamber.
Respectfully submitted,
DAWN SCHANDERL, ACTING CITY CLERK
ATTEST:
CC Minutes
04/17/01