01-0703_CC_Minutes_Regular MeetingMINUTES
JULY 3, 2001
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85)
Council met in a Closed Session at 5:30 p.m. for the following purposes authorized by
statute:
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.
RECESS UNTIL 7:00 P.M. BUSINESS SESSION
Mayor Hart called the Regular Meeting of the City Council of the City of San Juan
Capistrano, California, to order at 7:01 p.m. in the City Council Chamber. Mayor Hart
led the Pledge of Allegiance to the Flag. Pastor Bruce Robinson, Community Christian
Church, gave the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Diane Bathgate, John Greiner, John Gelff, Mayor pro
tem David Swerdlin and Mayor Wyatt Hart
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: George Scarborough, City Manager, Jennifer Murray, Assistant City
Manager; John Shaw, Interim City Attorney; Meg Monahan, City Clerk; Cynthia L.
Russell, Administrative Services Director; William M. Huber; Engineering and Building
Director; Amy Amirani, Public Works Director; Al King, Community Services Director;
and Jennifer Carlin, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
INTRODUCTIONS, PRESENTATIONS AND DONATIONS
1. COMMISSIONERS INTRODUCED (110.10)
Mayor pro tem Swerdlin introduced the following persons in attendance: Marie
Buckner and Joan de Guevara, Housing Advisory Committee Members; Battalion
Chief Whittiker, Orange County Fire Authority.
ORAL PRESENTATION
CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCYMATER DISTRICT):
None
CONSENT CALENDAR
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Greiner and carried unanimously to approve Consent Calendar items 1 through 10 as
recommended by staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF JUNE 5, 2001 APPROVED AS
SUBMITTED
3. ACCOUNTS PAYABLE WARRANTS DATES JUNE 14, 2001 ($683,460.60)
AND PAYROLL WARRANTS DATES JUNE 21, 2001 ($238,546.78) RECEIVED
AND FILED (300.30)
4. REPORT OF INVESTMENTS, MONTH ENDING MAY 31, 2001 RECEIVED
AND FILED (350.30)
5. AGREEMENT AMENDMENT FOR ADDITIONAL DESIGN SERVICES COSTS
FOR NORRIS-REPKE FOR EL CAMINO REAL/SPRING STREET STORM
DRAIN (CIP NO. 145) AMOUNT $8,285 APPROVED
6. WAIVER OF FORMAL BIDDING PROCESS PURSUANT TO M.C.3-4.305(g)(4)
AND PURCHASE OF TRAFFIC SIGNAL CONTROL FOR $24,351.98 FROM
ECONOLITE CONTROL PRODUCTS, INC. APPROVED
7. RESOLUTION NO. 01-7-3-1 ENTITLED "FUNDING REQUEST FROM THE
STATE DEPARTMENT OF CONSERVATION FOR BEVERAGE CONTAINER
RECYCLING AND LITTER CLEANUP" (530:x-0)
8. CITY COUNCIL POLICY GOVERNING REIMBURSEMENT FOR CITY
REPRESENTATION BY CITY COUNCIL MEMBERS ADOPTED (610.30)
9. AMENDMENT TO LAW ENFORCEMENT SERVICES AGREEMENT WITH THE
COUNTY OF ORANGE FOR FISCAL YEAR 2001-2002 IN THE AMOUNT OF
$4,356,799 APPROVED (600.50)
10. CLAIM AGAINST THE CITY BY CASITAS CAPISTRANO ASSOCIATES
NUMBER TWO, INC. FOR DAMAGES IN EXCESS OF $25,000 DENIED;
CLAIM AGAINST THE CITY BY BRIAN BOULTON FOR DAMAGES IN THE
AMOUNT OF $100 DENIED; AND CLAIM AGAINST THE CITY BY LEONA
BENKO FOR DAMAGES IN THE AMOUNT OF $597.95 DENIED, (DENIALS
RECOMMENDED BY CARL WARREN & COMPANY) (170.70)
CC Minutes -2- 713101
11. CITY COUNCIL MEETING MINUTES OF MAY 1, 2001, RELATED TO PUBLIC
HEARING ITEM 1, AMENDED (610.20)
Written Communication: Report dated July 3, 2001 from Meg Monahan, City
Clerk.
Public Comment
Don Tattoli, 31401 Aguacate, requested clarification regarding the nature of this
item.
George Scarborough, City Manager, explained the item was changing wording to
the Minutes from May 1, 2001 to reflect a condition of approval that Council had
included in a motion made regarding the Public Hearing conducted.
Council Action: Moved by Council Member Greiner, seconded by Council
Member Swerdlin and carried unanimously to approve the amendment to the City
Council Meeting Minutes of May 1, 2001, Public Hearing Item No. 1.
PUBLIC HEARINGS
1. RESOLUTION NO. 01-7-3-2, POSSESSORY INTEREST TAX (PIT) FOR A
REFUND PLAN BY COX COMMUNICATIONS, INC. RATIFIED (1000.40)
Applicant: City of San Juan Capistrano
Written Communication: Report dated July 3, 2001 from Cynthia L. Russell,
Administrative Services Director.
Oral Presentation: Cynthia Russell, Administrative Services Director, reviewed
the staff recommendation.
Mayor Hart opened the public hearing and there being no response, closed the
public hearing.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Greiner and carried unanimously to adopt Resolution No. 01-7-3-2 entitled "A
RESOLUTION AND RATE ORDER OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO APPROVING A POSSESSORY INTEREST TAX
REFUND PLAN OF COX COMMUNICATIONS, INC., OR SUBSIDIARY THEREOF
("COX" y'
CC Minutes -3- 713/01
2. RESOLUTION NO. 01-7-3-3 2001-2008 CITY SEVEN-YEAR CAPITAL
IMPROVEMENT PROGRAM AND AUTHORIZING EXPENDITURES ADOPTED
(330.40) (CONTINUED FROM JUNE, 19, 2001)
Applicant: City of San Juan Capistrano
Written Communications: Report dated from William M. Huber, Engineering and
Building Director.
Oral Presentation: William Huber, Engineering and Building Director, reviewed
the proposed Capital Improvement Program and noted revisions made in
response to Council Comments and public input from the June 19, 2001 public
hearing.
Mayor Hart opened the public hearing and there being no response, closed the
public hearing.
Council Action: Moved by Council Member Greiner, seconded by Council
Member Bathgate and carried unanimously to adopt RESOLUTION NO. 01-7-3-3
entitled "A RESOLUTION OF THE CITY COUNCIL OF SAN JUAN
CAPISTRANO ADOPTING APPROPRIATIONS AND AUTHORIZING
EXPENDITURES RELATED TO THE 2001-2008 CITY SEVEN YEAR CAPITAL
IMPROVEMENT PROGRAM."
3. RESOLUTION NO. 01-7-3-4 FISCAL YEAR 2001-02 OPERATING BUDGET
ADOPTED (330.20) (CONTINUED FROM JUNE 19, 2001)
Applicant: City of San Juan Capistrano
Written Communications: Report dated July 3, 2001 from Cynthia L. Russell,
Administrative Services Director.
Oral Presentation: Cynthia Russell, Administrative Services Director, outlined
Report and recommendations.
Mayor Hart opened the public hearing and there being no response, closed the
public hearing.
Council Action: Moved by Council Member Gelff, seconded by Council Member
Bathgate and carried unanimously to adopt Resolution No. 01-7-3-4 entitled "A
RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING A PROPOSED OPERATING BUDGET AND AUTHORIZING
EXPENDITURES AND APPROPRIATIONS THERETO."
CC Minutes -4- 713101
4. RESOLUTION NO. 01-7-3-5 CONFIRMING LANDSCAPE MAINTENANCE
DISTRICT ASSESSMENTS (TRACTS 9284, 9382, 8485, 7673, 9373/7654 AND
CAPISTRANO ROYALE); AND AUTHORIZING THE ORANGE COUNTY
ASSESSORS OFFICE TO INCLUDE CHARGES ON PROPERTY TAX ROLL
(345.20)
Written Communications: Report dated July 3, 2001 from Amy Amirani, Public
Works Director, and correspondence dated June 30, 2001 from Dan
DiGiovcchino.
Oral Presentation: Amy Amirani, Public Works Director, outlined Report and
reported the typographical error in the Report, stating that $290 Per Home —
Tract 7673 (Mission Woods) should read "(Mission Springs)".
Mayor Hart opened the public hearing.
Public Testimony
Don DiGiovacchino, 27672 Paseo Barona, voiced concerns regarding the
maintenance condition of a lot located at the corner of Sundance Drive and
Ortega Highway northbound, owned by Sunhollow Homeowners Association.
Mayor Hart closed the public hearing.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Swerdlin and carried unanimously to adopt RESOLUTION 01-7-3-5
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR 2001
LANDSCAPE MAINTENANCE DISTRICTS CHARGES IN THE CITY OF SAN
JUAN CAPISTRANO (TRACTS 9284, 9382, 8485, 7673, 937317654, AND
CAPISTRANO ROYALE" modified to reflect an additional $4,000 landscape
improvements and $125 per month landscape maintenance costs added to
Mission Woods landscape maintenance budget, conditioned on demonstration of
Mission Woods neighborhood support, to be determined by City Manager; and
successful effort in transferring maintenance responsibility of Sunhollow parcel
(corner: Sundance Dr./Ortega Hwy) to Mission Woods.
RECESS AND RECONVENE
Council recessed at 7:28 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and the Capistrano Valley Water District, and reconvened at
7:34.
CC Minutes -5- 713101
ADMINISTRATIVE ITEMS
CITY MANAGER
RESOLUTION 01-7-3-6 APPROVING FINANCING PLAN FOR ORANGE
COUNTY FIRE AUTHORITY REGIONAL FIRE OPERATIONS AND TRAINING
CENTER (540.80)
Written Communication: Report dated July 3, 2001 from George Scarborough,
City Manager.
Oral Presentation: Jennifer Murray, Assistant City Manager, reviewed the staff
recommendation.
Council Action: Moved by Council Member Greiner, seconded by Council
Member Gelff, and carried unanimously to adopt RESOLUTION 01-7-3-6 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING THE ISSUANCE OF LONG-TERM BONDED
INDEBTEDNESS BY THE ORANGE COUNTY FIRE AUTHORITY FOR THE
PURPOSE OF FINANCING THE REGIONAL FIRE OPERATIONS AND
TRAINING CENTER."
2. RESOLUTION NO. 01-7-3-7 APPROVING AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING WITH THE SAN JUAN CAPISTRANO
EMPLOYEES ASSOCIATION (730.30)
Written Communication: Report dated July 3, 2001 from George Scarborough,
City Manager.
Oral Presentation: George Scarborough, City Manager, outlined the staff
recommendation.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Greiner and carried unanimously to adopt RESOLUTION NO. 01-7-3-7
entitled "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 COMPENSATION PLAN (JULY 1,
2000 TO JUNE 30, 2002 MEMORANDUM OF UNDERSTANDING
AMENDMENT — SAN JUAN CAPISTRANO MANAGEMENT EMPLOYEES
ASSOCIATION)."
CC Minutes -6- 7/3109
ORDINANCES
1. ORDINANCE NO. 858 AMENDING RANCHO SAN JUAN PLANNED
COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN. (460.20)
Written Communications: Report dated July 3, 2001 from Meg Monahan, City
Clerk.
Meg Monahan, City Clerk, read the title of the Ordinance entitled "ORDINANCE
NO. 858 — AN AMENDMENT TO THE GENERAL OPEN SPACE DISTRICT OF
THE RANCHO SAN JUAN PLANNED COMMUNITY COMPREHENSIVE
DEVELOPMENT PLAN ADOPTED BY ORDINANCE 575."
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Greiner, and carried unanimously to adopt Ordinance No. 858.
COUNCILMANIC ITEMS
1. DIANE BATHGATE SELECTED AS COUNCIL REPRESENTATIVE TO THE
SOUTH ORANGE COUNTY WASTEWATER AUTHORITY JOINT POWERS
AUTHORITY; JOHN GELFF SELECTED AS ALTERNATE REPRESENTATIVE
(140.70)
Written Communication: Report dated July 3, 2001 from Jennifer M. Murray,
DPA, Assistant City Manager.
Oral Presentation: Moved by Council Member Swerdlin, seconded by Council
Member Greiner and carried unanimously to select Council Member Bathgate as
Council representative to the South Orange County Wastewater Authority Joint
Powers Authority and Council Member John Gelff as alternate representative.
2. ORAL REPORTS OF OUTSIDE AGENCIES
Mayor pro tem Swerdlin
Foothill Eastern Corridor (800.50): Finance Committee met and Council Member
Bathgate has been sworn in as Alternate.
San Joaquin Hills Transportation Corridor (800.50): Finance Committee met and
Council Member Bathgate was sworn in as Alternate.
Joint Powers Insurance Authority (170.30): Elections for Executive Board
Member upcoming.
Orange County Vector Control District: (560.50): Article regarding Deer Mice
recommended.
CC Minutes -7- 713101
Council Member Bathgate
San Juan Basin Authority (1050.60) and Southeast Regional Reclamation
Authority (1040.60): Merger pending.
Council Member Greiner
Orange County Waste Management Commission (810.10): Regional Landfill
Options for Orange County (RELOOC) Committee has been meeting.
Council Member Gelff
Associated Seniors Action Program (ASAP) (595.60): Met with members
involved.
COUNCIL COMMENTS
Council Member Gelff: Acknowledged award presented to Mark Spizeri, owner of
Family Toyota in San Juan Capistrano, by Orange County Chamber of Commerce.
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 7:46 p.m. to the
Regular meeting, Tuesday, July 17, 2001, in the City Council Chamber.
Respectfully submitte ,
R. MONAHAN, CITY CLERK
Adopted, August 7, 2001
ATTEST
CC Minutes -8- 713101