01-0821_CC_Minutes_Regular MeetingMINUTES
AUGUST 21, 2001
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (610.85): None
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 7:04 p.m. in the City Council Chamber. Council
Member Bathgate led the Pledge of Allegiance to the Flag. Monsignor Paul Martin,
Mission Basilica, San Juan Capistrano, gave the Invocation.
Mayor Hart dedicated the meeting to the late Salvador "Chava" Uribe, who drowned
recently in a successful effort to save his nephew's life.
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COUNCIL MEMBERS PRESENT: Diane Bathgate, John S. Gelff, Mayor pro tem David
Swerdlin, and Mayor Wyatt Hart.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Jennifer Murray, Acting City Manager; John Shaw, City Attorney;
Meg Monahan, City Clerk; Cynthia L. Russell, Administrative Services Director; William
Ramsey, Acting Planning Director; William M. Huber, Engineering and Building Director;
Amy Amirani, Public Works Director; and Al King, Community Services Director
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
INTRODUCTIONS, PRESENTATIONS AND DONATIONS
MAJOR SPONSORS OF THE 2001 4T" OF JULY CELEBRATION
FLUIDMASTER, INC; MEDIX AMBULANCE SERVICE; AND SYCAMORE
TRAILS STABLES RECOGNIZED (610.40)
Representatives of Fluidmaster, Inc., Medix Ambulance Service and Sycamore
Trails received plaques of appreciation for their contributions to the City's 4t" of
July Celebration, making the event a huge success.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following persons in attendance: Jeff
Parkhurst, Design Review Committee/Planning Commission; Bill Sonka,
Planning Commission, Joann De Guevara and Marie Buckner, Housing Advisory
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Committee; Angela Duzich-Rohde and Derek Reeve, Transportation
Commission; Joe Soto, Water Advisory Commission; Lee Buser, Cultural
Heritage Commission; June Simmons, "quasi -liaison" to seniors; and former
Mayor Gil Jones and Millie Jones.
3. JENNIFER MURRAY, ASSISTANT CITY MANAGER, RECOGNIZED FOR
SERVICE AND CONTRIBUTIONS TO THE CITY (730.90)
Moved by Mayor Hart, seconded by Council Member Gelff and carried
unanimously, 4-0, to add an item to the agenda recognizing the contributions to
the City by Jennifer Murray, Assistant City Manager.
Mayor Hart recognized Jennifer Murray's history of accomplishments during her
sixteen years of employment with the City. He wished her well in her new
endeavor as City Manager of Cloverdale, California. Mayor Hart presented
Murray with a watch from the City.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT):
Mark Nielsen, 31621 Via Quixote, expressed concern regarding Planning Commission
approvals that revised the development master plan for Marbella Plaza. He was also
concerned with loss of open space related to other developments.
Patricia Vinet, 39 Summerstone, Irvine, presented a video to the Council regarding
animal cruelty related to rodeo events and asked that the City disallow a planned rodeo.
Mayor Hart remarked that the rodeo was planned outside San Juan Capistrano's city
limits, therefore the City had no jurisdiction over the event. The City has an Ordinance
in place addressing cruelty to animals at Rodeos.
Bryan Monell, 25652 Califia Dr, Laguna Hills, related his opposition to rodeo events.
Veda Stram, 6100 Edinger #825, Huntington Beach, asked that the City not endorse or
support future rodeo events.
Susan Oldershaw, 2915 Via San Gorgonio, San Clemente, discussed the cruel use of
animals at rodeos.
Raymond DeAntonio, 325 Encino Lane, San Clemente, protested the rodeo event.
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CONSENT CALENDAR
Council Action: Moved by Council Member Bathgate, seconded by Mayor pro tem
Swerdlin and carried unanimously, 4-0, to approve Consent Calendar Items 1, 2 and 4
through 9, as recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF JULY 17, 2001, APPROVED
AS SUBMITTED
3. ACCOUNTS PAYABLE WARRANTS DATED JULY 26, 2001, AND PAYROLL
WARRANTS DATED JULY 19 AND AUGUST 2, 2001, RECEIVED AND FILED
(300.30)
This item was removed from the Consent Calendar to allow Council Member
Bathgate to abstain from voting.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Gelff, Mayor pro tem Swerdlin and
Mayor Hart
None
Bathgate
4. CASH BALANCES BY FUND FOR JUNE 30, 2001 RECEIVED AND FILED
(330.50)
5. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS RECEIVED AND
FILED (440.10)
6. RESOLUTION NO. 01-8-21-1 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING
EXECUTION OF AMENDMENT NO. 5 TO THE FIRST AMENDED AND
RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY;" AND THE
MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT (6c10_.50)
7. RESOLUTION NO. 01-8-21-2 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING CERTAIN FLEET INVENTORY AS SURPLUS" (380.50)
8. RESOLUTION NO. 01-8-21-3 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
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OPPOSING THE CALIFORNIA HIGH SPEED RAIL AUTHORITY'S ALIGNMENT
ALTERNATIVES USING THE EXISTING LOS ANGELES -SAN DIEGO (LOSAN)
AND 1-5 CORRIDORS THROUGH THE CITY OF SAN JUAN CAPISTRANO"
(940.80)
9. RESOLUTION NO. 01-8-21-4 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DETERMINING COMPLETION AND ACCEPTANCE OF WORK IN
ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF A SECTION OF STREET AND SEWER
IMPROVEMENTS ALONG CAMINO CAPISTRANO;" CITY CLERK DIRECTED
TO PROCESS RECORDING OF NOTICE OF COMPLETION (WESELOH
HONDA CHEVROLET)(600.30)
PUBLIC HEARINGS
ORDINANCE RELATED TO REGULATION OF COMMERCIAL FILMING
ACTIVITIES INTRODUCED (585.90) (CONTINUED FROM JULY 17, 2001)
Written Communication: Report dated August 21, 2001 from Irene Marcote,
Engineering Technician and Memo dated August 17, 2001 from Meg Monahan,
City Clerk.
Oral Presentation: Mechelle Lawrence, Economic Development Manager,
reviewed the staff recommendation
Mayor Hart opened the public hearing and there being no response, closed the
public hearing.
Meg Monahan, City Clerk, read the title of the Ordinance.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Gelff and carried unanimously, 4-0 to approve introduction and first
reading of the Ordinance entitled "AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADDING CHAPTER 9 OF TITLE 4,
PERTAINING TO THE CONDUCT OF COMMERCIAL FILMING IN THE CITY
OF SAN JUAN CAPISTRANO TITLE 'COMMERCIAL FILMING ACTIVITIES."'
RECESS AND RECONVENE
Council recessed at 7:43 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and reconvened at 7:45 p.m.
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ADMINISTRATIVE ITEMS
H1. ENGINEERING AND BUILDING DIRECTOR
a. CONTRACT FOR CONSTRUCTION OF EL CAMINO REAL/SPRING STREET
STORM DRAIN AWARDED TO MATTHEW & STEWART CO., INC IN THE
AMOUNT OF $70,412.80; ALL OTHER BIDS REJECTED; AND MAYOR
AUTHORIZED TO EXECUTE AGREEMENT (TBA) (CIP NO. 145) (600.30)
Project Description,: Bids were opened on August 20, 2001 for the construction
project planned to relieve ponding water on EI Camino Real, opposite Spring
Street, outside the Mission San Juan Capistrano. Matthew & Stewart Co. Inc.
was the low responsible bidder in the amount of $70,412.80. A total of seven
bids were received.
Written Communication: Report dated August 21, 2001, and Memorandum dated
August 21, 2001 from William Huber, Engineering and Building Director.
Oral Presentation: William Huber, Engineering and Building Director reviewed the
staff recommendation and responded to Council questions.
Council Action: Moved by Council Member Bathgate, seconded by Mayor pro
tem Swerdlin and carried unanimously, 4-0, to award the construction contract for
the EI Camino Real/Spring Street Storm Drain project to Matthew & Stewart Co.
Inc, in the amount of $70,412.80; reject all other bids; and authorize the Mayor to
execute the agreement.
H2. COMMUNITY SERVICES DIRECTOR
a. ARENA SOCCER PROGRAM/PROJECT AT CAMINO CAPISTRANO COURTS
APPROVED (JOE ROHDE) (600.30)
Project Description: Mr. Joe Rohde had submitted a proposal to the City for
development of an area soccer program at the Serra High School Camino
Capistrano courts. Staff has assessed the project and addressed related issues.
Written Communication: Report dated August 21, 2001, from Al King, Jr.,
Community Services Director.
Oral Presentation: Al King, Jr. reviewed the staff recommendation
Joe Rohde, 31372 Don Juan Avenue, thanked Council and discussed the
program benefits.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member
Gelff and carried unanimously, 4-0, to approve the proposal for development of
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an area soccer program at Camino Capistrano court complex; appropriate
$35,516.60 from the parks and recreation fund reserve for the improvements;
and direct staff to incorporate project as part of City's Capital Improvement
Projects Program and proceed with facility improvements and program
implementation.
b. CITY COUNCIL POLICY — CODE OF CONDUCT AT ATHLETIC ACTIVITIES AT
CITY FACILITIES ADOPTED (610.30)
Project Description: The Community Services Department was directed to
develop a comprehensive policy governing behavioral conduct at athletic
activities held at City facilities. This was a response to a recent physical
altercation at an area soccer event.
Written Communications: Report dated August 21, 2001, from Al King, Jr.,
Community Services Director.
Oral Presentation: Al King, Jr., Community Services Director, provided a report
outlining the staff recommendation.
Derek Reeve, 27842 Camino Del Rio, supported the intent of the proposed code
and expressed concerns with enforceability and constitutionality.
John Shaw, City Attorney, opined that the code of conduct was appropriately
d rafted.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council
Member Gelff and carried unanimously, 4-0, to adopt a City Council policy
establishing a Code of Conduct for athletic activities conducted at City Facilities.
H3. CITY MANAGER
a. REQUEST FOR PROPOSAL PROCESS FOR SUPPLEMENTAL PARKING
ENFORCEMENT SERVICES AT CAPISTRANO VILLAS OVERNIGHT
PARKING PERMIT PROGRAM INITIATED (600.30)
Project Description: This is a staff request to initiate a Request for Proposal
(RFP) process to solicit proposals from qualified firms to provide supplemental
enforcement services for the Capistrano Villas Overnight Parking Permit
Program. This request is the result of meetings with neighborhood residents to
solve parking issues.
Written Communications: Report dated August 21, 2001 prepared by Jennifer
M. Murray, Assistant City Manager.
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Oral Presentation: Jennifer Murray, Assistant City Manager, outlined the staff
recommendation.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council
Member Gelff and carried unanimously, 4-0, to direct staff to initiate the Request
for Proposal process to solicit proposals from qualified firms to provide
supplemental enforcement services for the Capistrano Villas Overnight Parking
Permit Program.
ORDINANCES
ORDINANCE NO. 859 RELATED TO AMENDMENT TO THE
COMPREHENSIVE DEVELOPMENT PLAN 81-02, REZONE 01-07 FOR VISTA
VERDE ESTATES (APN 666-321-002) (ADOPTION) (420.701460.20)
Project Description: First reading and introduction of this ordinance were
approved at the City Council meeting of August 7, 2001. Second reading and
ordinance adoption are required for the ordinance to be implemented.
Written Communications: Report dated August 21, 2001 prepared by Meg
Monahan, City Clerk.
Oral Presentation
ordinance.
Meg Monahan, City Clerk, read the title of the proposed
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council
Member Gelff and carried unanimously, 4-0 to approve second reading and
adopt Ordinance No. 859 entitled "AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 01-07, AN
AMENDMENT TO COMPREHENSIVE DEVELOPMENT PLAN 81-02,
PERMITTING A FOUR (4) LOT TENTATIVE PARCEL MAP (TPM) FOR A
30,300 SQUARE FOOT PARCEL LOCATED SOUTH OF SAN JUAN CREEK
ROAD, APPROXIMATELY 445 FEET WEST OF LA NOVIA."
COUNCILMANIC ITEMS
1. ALLOCATION OF COMMUNITY GRANT FUNDING APPROVED AS FOLLOWS:
CAMINO HEALTH CENTER ($15,000); CAPISTRANO INDIAN COUNCIL
($1,500); CSP YOUTH SHELTER ($1,200); FRAN JOSWICK THERAPEUTIC
RIDING CENTER ($1,800); SAN JUAN COMMUNITY TASK FORCE ($$,500);
SOUTH COUNTY SENIOR SERVICES COMMUNITY CLINIC AND MEALS ON
WHEELS PROGRAM ($10,000); CASE MANAGER PROGRAM ($5,000);
SOUTH ORANGE COUNTY COMMUNITY SERVICES COUNCIL ($1,000) AND
RESERVE $1,500 IN COMMUNITY PROMOTIONS ACCOUNT FOR FUNDING
ADDITIONAL PROGRAMS DURING THE 2001-2002 FISCAL YEAR (330 �Q
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Description: A Council subcommittee reviewed the requests for funding from
organizations and prepared a recommendation.
Written Communications: Report dated August 21, 2001, submitted by Council
Members Bathgate and Gelff.
Oral Presentation: Council Member Bathgate reviewed the criteria and basis for
the subcommittee's recommendation for community grant funding.
Public Comment:
Jessica Dean, 27032-C Paseo Burladero, representing South Orange County
Community Services Council, reviewed the organization's programs.
Linda Hunter, 980 Catalina, Laguna Beach, representing CSP Youth Shelter,
reviewed the organization's programs.
Marie Toland, 616 E. EI Camino Real, San Clemente, representing Family
Assistance Ministries, reviewed organization programs and requested funding for
a copy machine.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member
Gelff and carried unanimously, 4-0, to approve community organization funding
to include: Camino Health Center ($15,000); Capistrano Indian Council ($1,500);
CSP Youth Shelter ($1,200); Fran Joswick Therapeutic Riding Center ($1,800);
San Juan Community Task Force ($8,500); South County Senior Services
Community Clinic And Meals On Wheels Program ($10,000); Case Manager
Program ($5,000); South Orange County Community Services Council ($1,000)
and Reserve $1,500 In Community Promotions Account For Funding Additional
Programs During The 2001-2002 Fiscal Year
2. ORAL REPORTS OF OUTSIDE AGENCIES
Mayor pro tem Swerdlin
Foothill Eastern Transportation Corridor (800.50) and, San Joaquin Hills
Transportation Corridor (800.50)
Mayor pro tem Swerdlin had the opportunity to view the toll roads from a
helicopter.
Orange County Vector Control District (560.50):
The Vectors of the Month include Black Flies and Mites.
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Council Member Gelff
Associated Seniors Action Program (ASAP) (595.60)
Council Member Gelff noted the exceptional work by the volunteers.
COUNCIL COMMENTS
Mayor pro tem Swerdlin inquired into the status of the Stone Field project and
recommended that staff initiate press releases for project progress. He requested that
staff return to Council in September with an agenda item implementing Roberts Rules of
Order for conduct of Council meetings. He also requested a September agenda item
regarding grant funding for the EI Toro Memorial.
Council Member Gelff complemented Community Redevelopment Agency Vice
Chairman Bathgate on conducting the meeting of August 7, 2001.
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 8:26 p.m. to an
Adjourned Regular meeting, Wednesday, August 29, 2001, at 7:00 p.m. in the City
Council Chamber.
Respectfully submitted
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R. MONAHAN, CITY CLERK
Adopted: September 18, 2001
ATTEST
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WYA HART, MAYOR
CC Minutes 9 08-21-01
NOTICE OF ADJOURNMENT OF MEETING OF
THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan
Capistrano, California, at its Regular meeting of August 21, 2001, adjourned said meeting to August
29, 2001 at 7:00 p.m. in City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano.
DATED: August 21, 2001
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO
R. Monahan, Clerk of the Board
SS AFFIDAVIT OF POSTING
I, MARGARET R. MONAHAN, City Clerk of the City of San Juan Capistrano do
hereby declare that the above Notice was posted at or near the door of the City Council Chamber on
August 22, 2001 within 24 hours of adjournment of the above-named meeting.
I declare under penalty of perjury that the foregoing is true and correct.
K Monahan, City Clerk
Capistrano, California