01-0918_CC_Minutes_Regular MeetingMINUTES
September 18, 2001
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION (610-85)-
A Closed Session was held for the following purposes, as authorized by statute:
a. Pursuant to Government Code section 54956.9 (b)(1) and (c), the City Council
conferred with its legal counsel regarding one matter.
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 7:02 p.m. in the City Council Chamber. Council
Member Gelff led the Pledge of Allegiance to the Flag. Council Member Campbell gave
the Invocation. Mayor Hart dedicated the meeting to all those who lost their lives and all
those involved in rescue efforts from the terrorist attack of September 11, 2001 and to
military personnel who are protecting our freedom.
ROLL CALL
COUNCIL MEMBERS PRESENT: Diane Bathgate, Collene Campbell, John S. Gelff,
Mayor pro tem David Swerdlin, and Mayor Wyatt Hart.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Julia Silva, Assistant Citi!
Manager, John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell,
Administrative Services Director; Thomas Tomlinson, Planning Director; William M.
Huber, Engineering and Building Director; Amy Amirani, Public Works Director; Al King
Jr., Community Services Director, Lt. Rick Stahr, Chief of Police Services, and Sue
McCullough, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
INTRODUCTIONS, PRESENTATIONS AND DONATIONS
CERTIFICATE OF ACHIEVEMENT PRESENTED TO ALICE O'LEARY (610.40)
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Alice O'Leary was honored for her active participation in the community and
recognized for her upcoming 90th birthday. Mayor Hart presented O'Leary with a
Certificate of Achievement.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin
Buser, Cultural Heritage
Marie Buckner and Joann
Liaison to Seniors; and
Commerce.
ORAL COMMUNICATIONS:
introduced the following persons in attendance: Lee
Commission; Sheldon Cohen, Planning Commission;
de Guevara, Housing Advisory Committee; Les Blair,
Carol Adams, Executive Director of the Chamber of
Mayor Hart announced a patriotic event planned for September 19, 2001 during the San
Juan Summer Nights program.
Joe Deacon, 31062 Paseo Ranchero, requested help regarding toxic odors from
fertilizer processing taking place adjacent to San Juan Creek Estates.
Pat Bauer, 9 Plaza Baja del Sol, spoke in support of a slope density ordinance and
recommended a policy supporting bias toward minimum density development.
B. J. Scott, 26422 Brookfield, expressed appreciation to the Council for approval of the
extended lease for the Playhouse.
Cookie Hobbs, John Franks, and Camp Cookie participants Laura, Ana, Corey, Brittany
and Mark, presented a plaque to Mayor Hart in appreciation of the City's support of the
Camp Cookie program.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Gelff
and carried unanimously, 5-0, to approve items 1, 3 through 5 and 7 through 9 as
recommended by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF AUGUST 21, 2001 AND
ADJOURNED REGULAR MEETING OF AUGUST 29, 2001 APPROVED AS
SUBMITTED.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member
Gelff, with abstention by Council Member Campbell, and carried 4-0-1, to
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approve the Minutes of the Regular Meeting of August 21, 2001 and Adjourned
Regular Meeting of August 29, 2001.
ROLL CALL
AYES: COUNCIL MEMBERS: Bathgate, Gelff, Swerdlin, and
Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Campbell
3. WARRANTS DATED AUGUST 23, 2001, AND PAYROLL WARRANTS DATED
AUGUST 30, 2001, RECEIVED AND FILED (300.30)
4. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS RECEIVED AND
FILED (440.10)
5. RESOLUTION NO. 01-09-18-01 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TO
UPDATE THE CITY DISADVANTAGED BUSINESS ENTERPRISE (DBE)
PROGRAM FOR FISCAL YEAR 200112002" ADOPTED (820.25)
6. WITHDRAWN FROM AGENDA
7. NORTHWEST OPEN SPACE USE AND FEE WAIVER REQUEST BY ORANGE
COUNTY COUNCIL, BOY SCOUTS OF AMERICA, EL CAMINO REAL
DISTRICT FOR OCTOBER 19 THROUGH 21, 2001 FOR ANNUAL
CAMPORALL APPROVED; AND LAND USE FEES, WITH EXCEPTION OF A
$30 PROCESSING FEES AND ANY DIRECT COSTS INCURRED BY THE
CITY, WAIVED (ORANGE COUNTY, BOY SCOUTS OF AMERICA, EL CAMINO
REAL DISTRICT) (390.30)
8. 63% REDUCTION OF FEES FOR RENTAL OF COMMUNITY CENTER FOR
COUNTY OF ORANGE INTEGRATED WASTE MANAGEMENT
DEPARTMENT'S PUBLIC MEETING ON TUESDAY SEPTEMBER 25, 2001
APPROVED (COUNTY OF ORANGE INTEGRATED WASTE MANAGEMENT
DEPARTMENT (390.30)
9. MEMORANDUM OF UNDERSTANDING WITH THE CHAMBER OF
COMMERCE FOR CARRYING OUT VISITOR SERVICES FOR FISCAL YEAR
2001-2002, FOR $25,000 APPROVED; AND CITY MANAGER AUTHORIZED
TO EXECUTE THE AGREEMENT (600.30)
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10. AGREEMENT FOR ANIMAL CONTROL SERVICES WITH THE COUNTY OF
ORANGE FOR FISCAL YEAR 2001-2002 IN AMOUNT OF $51,787
APPROVED; AND MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT
(600.50)
Project Description: An agreement with the County of Orange for Animal Control
Services.
Written Communications: Report dated September 18, 2001, prepared by
Douglas Dumhart, Principal Management Analyst.
Public Comment:
Dr. Lon Uso, 31302 Via Las Palmas, spoke in support of the Animal Control
Services contract with the County of Orange, and the benefits of the fostering
program that has saved approximately 50 animals.
Council Action: Moved by Council Member Campbell, seconded by Mayor pro
tem Swerdlin and carried unanimously to approve the agreement with the County
of Orange for Animal Control Services for Fiscal Year 2001-2002 in the amount
of $51,787 and authorize the Mayor to execute the contract.
PUBLIC HEARINGS:
1. $2,000 (DRUG USE LIFE ABUSE PROGRAM); $1,500 (SOUTH ORANGE
COUNTY DRUG COURT); $1,500 (SOUTH ORANGE COUNTY DOMESTIC
VIOLENCE PROGRAM); $3,000 (PURCHASE OF EQUIPMENT AND
SUPPORT FOR CRIME PREVENTION PROGRAMS); AND $16,034 (OFF -SET
COST OF SPECIAL ENFORCEMENT PROGRAM OVER -TIME) ALLOCATION
APPROVED FOR USE OF U.S. DEPARTMENT OF JUSTICE LOCAL LAW
ENFORCEMENT BLOCK GRANT FUNDS (580.10)
Promect Description: San Juan Capistrano will receive $21,631 in Local Law
Enforcement Block Grant Funds, which must be used for specific purposes. This
is a proposal to allocate the funds to assist with local programs that meet the
requirements.
Written Communications: Report dated September 18, 2001 from Lt. Rick Stahr,
Chief of Police Services.
Oral Presentation: Lt. Rick Stahr, Chief of Police Services, reviewed the grant
funding and said that under the terms of the $21,631 grant, that the City must
contribute $2,403 to the program, and that a budget adjustment in the amount of
$2,403 would be necessary.
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Mayor Hart opened the public hearing and there being no response, closed the
public hearing.
Council Action: Moved by Council Member Campbell, seconded by Council
Member Gelff and carried unanimously, 5-0, to approve use of U.S. Department
of Justice Local Law Enforcement Block Grant Funds to include $2,000
contribution to the Drug Use Life Abuse Program; $1,500 to South Orange
County Drug Court; $1,500 South Orange County Domestic Violence Program;
$3,000 for purchase of equipment and support for Crime Prevention programs;
and $16,034 to off -set cost of Special Enforcement Program overtime.
RECESS AND RECONVENE
Council recessed at 7:33 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and Capistrano Valley Water District meetings and reconvened
at 7:38 p.m.
ADMINISTRATIVE ITEMS
H1. PUBLIC WORKS DIRECTOR
a. $50,000 APPROPRIATED FROM WATER CAPITAL IMPROVEMENT FUND TO
CIP NO. 774; PERSONAL SERVICES AGREEMENT WITH TETRA TECH FOR
ENGINEERING DESIGN SERVICES RELATED TO THE 250S ZONE
RESERVOIR SITE STUDY IN THE AMOUNT OF $22,854 APPROVED; AND
THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT (CIP NO.
774) (600.30)
Prosect Description: Site identification for the 250s Zone Reservoir is needed
prior to completing review of the Pacific Point development. This is consideration
of a consultant agreement to assist with the site selection.
Written Communications: Report dated September 18, 2001, prepared by Amy
Amirani, Public Works Director.
Oral Presentation: Amy Amirani, Public Works Director, reviewed the staff
recommendation to move forward with a site study of a feasible site for the 250s
zone.
Council Action: Moved by Council Member Campbell, seconded by Mayor pro
tem Swerdlin and carried 4-1-0, with abstention by Council Member Bathgate
who left the dais due to conflict of interest, to appropriate $50,000 from the Water
Capital Improvement Fund to CIP No. 774; Approve Personal Services
Agreement with TETRA TECH for engineering design services related to the
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250s zone reservoir site study in the amount of $22,854; and authorize the Mayor
to execute the agreement.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS:
ORDINANCES: None
COUNCILMANIC ITEMS
Campbell, Gelff, Swerdlin and Mayor
Hart
None
Bathgate
1. REVIEW OF CITY COUNCIL APPOINTMENTS (610.60)
Project Description: City Council Members represent the City as members of
numerous regional organizations. Since the resignation of Former Council
Member Greiner alternate Council appointees have been serving in his place.
Now that the Council has five members, it is appropriate to review and designate
appointments to continue representation of the City's interests.
Written Communications: Report dated September 18, 2001 prepared by Cristi
Silverberg, Community Liaison.
Oral Presentation: Council Member Bathgate recommended approval by the
Council of the appointments that were reviewed and adjusted by Council
Members Gelff and Bathgate in consideration of Council Member Greiner's
resignation.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Mayor Hart and
carried unanimously, 5-0, to designate the following appointments of City Council
Members to represent the City as members of the following regional
organizations:
Associated Seniors Action Program Council Liaison: Campbell/Gelff (Alternate)
EI Toro Reuse Planning Authority (ETRPA): Gelff
Flood Plain Management Committee: Bathgate/ Gelff (Alternate)
Foothill/Eastern Transportation Corridor: Swerdlin/Campbell (Alternate)
Inter jurisdictional Planning Committees GMA 9 and 1: Bathgate/Gelff (Alternate)
Northwest Open Space Ad Hoc Committee: Hart/Bathgate
Operational Area Council: Hart/Gelff (Alternate)
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Orange County Fire Authority: Gelff/Campbell (Alternate)
Orange County League of Cities: Gelff/Swerdlin (Alternate)
Orange County Library Advisory Board: Gelff/Bathgate (Alternate)
Orange County Transportation Authority (OCTA) Elected Official Advisory
Committee: Bathgate
Orange County Vector Control: Swerdlin
Transportation Corridor Agencies (TCA) San Joaquin Hills, Foothill and Eastern
Toll Roads: Swerdlin/Campbell (Alternate)
San Juan Basin Authority: Bathgate/Gelff (Alternate)
South Orange County Wastewater Authority (SOCWA): Bathgate/Gelff
(Alternate)
California Joint Powers Insurance Authority (CAJPIA): Swerdlin/Campbell
(Alternate)
2. LETTER FROM MAYOR AUTHORIZED EXPRESSING SUPPORT FOR
SUPERVISOR SILVA'S BACKING OF VOTE OF PEOPLE TO DECIDE THE
ORANGE COUNTY AIRPORT ISSUE (940.30)
Council Action to Add Item to Agenda: Moved by Council Member Campbell,
seconded by Mayor Hart and carried unanimously, 5-0, to add this item to the
agenda.
-- Council Member Campbell recommended that Council express its support for
Orange County Supervisor Silva's September 17, 2001 decision to back a vote of
the people to decide the Orange County airport issue.
Council Action: Moved by Council Member Campbell, seconded by Council
Member Gelff and carried unanimously, 5-0, authorizing the Mayor to send a
letter to Supervisor Silva saying that he "stood tall by allowing the public to make
a determination on their destiny regarding impact of an airport."
3. ORAL REPORTS OF OUTSIDE AGENCIES
Mayor pro tem Swerdlin
Orange County Vector Control District (560.50): The Vector of the Month is the
Tree -Hole Mosquito.
Council Member Bathgate
San Juan Basin Authority (1050.60): Amy Amirani, Public Works Director,
provided an update on the desalter project at a meeting held earlier on
September 18, 2001.
South Orange County Wastewater Authority Joint Powers Authority (1040.60):
The monthly budget was reviewed.
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Mayor Hart
Orange County Fire Authority (540.80): October 7 — 13, 2001 is Fire Prevention
Week.
COUNCIL COMMENTS
Council Member Gelff thanked the Council, City Manager Scarborough and staff for the
opportunity for Council Members Bathgate and Gelff to attend commission meetings to
open up additional lines of communication.
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 7:53 p.m. to a
Regular meeting, Tuesday, October 2, 2001, in the City Council Chamber.
Respectfully sub
2
RET R. MONAHAN, CITY CLERK
Adopted: October 16, 2001
ATTEST
WYATT HA , MAYOR
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