02-0205_CC_Minutes_Regular MeetingMINUTES
February 5, 2002
SAN JUAN CAPISTRANO CITY COUNCIL
CLOSED SESSION 610.85 - 5:30 P.M.
A Closed Session was held for the following purposes, as authorized by statute:
a. Pursuant to Government Code Section 54956.9(b)(1) the City Council conferred
with its legal counsel regarding one matter.
b. Pursuant to Government Code Section 54956.9(c) the City Council conferred with
its legal counsel regarding one matter.
C. Pursuant to Government Code Section 54956.8, the City Council conferred with its
real property negotiator (City Manager) regarding the sale of certain land referred
to as APN 121-141-25 and 26. The negotiating party, as buyer, is Ayoub Sesar.
RECESS UNTIL 7:00 P.M. BUSINESS SESSION
Mayor Bathgate 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
Wyatt Hart led the Pledge of Allegiance to the Flag. Pastor John Helms, Capistrano Valley
Baptist Church, gave the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, David M. Swerdlin, Mayor pro tem John S.
Gelff, and Mayor Diane Bathgate.
COUNCIL MEMBERS ABSENT: Collene Campbell
STAFF PRESENT: George Scarborough, City Manager; Julia Silva, Assistant City
Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell,
Administrative Services Director; William M. Huber, Engineering and Building Director; Al
King, Jr., Community Services Director; Lt. Rick Stahr, Chief of Police Services; and, Dawn
Schanderi, Deputy City Clerk
ANNOUNCEMENT OF CLOSED SESSION - No action taken
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INTRODUCTIONS. PRESENTATION AND DONATIONS
LONG TERM EMPLOYEE DENNIS KLONOWSKI RECOGNIZED (730.90)
The presentation was postponed as Mr. Klonowski was unable to attend.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Gelff introduced the following Commissioners in attendance: Ilse
Byrnes, Parks, Recreation and Equestrian Commission; Marie Buckner and Joann
de Guevara, Housing Advisory Committee; Les Blair, Senior Liaison; Gil Jones,
former Mayor and Council Member, and Pat Bathgate, Mayor Bathgate's mother.
ORAL COMMUNICATIONS:
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYMATER DISTRICT/SAN
JUAN CAPISTRANO PUBLIC FINANCING AUTHORITY):
Ilse Byrnes, Parks Recreation and Equestrian Commissioner, announced that the
California Historical Commission recently ruled that the Congdon House was eligible for
National Register of Historic Places status. She complimented Joe Mankawich, City
Associate Engineer, for his presentation to the Commission; and, endorsed an agricultural
museum use for the structure.
CONSENT CALENDAR
Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart
and carried unanimously, 4-0-1, to approve items 1 through 9 as recommended by Staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETINGS OF DECEMBER 18, 2002, AND
JANUARY 10, 2002, APPROVED AS SUBMITTED
3. CASH BALANCES BY FUND FOR OCTOBER 30, 2001, RECEIVED AND FILED
(330.50)
4. WARRANTS DATED JANUARY 10, 2002, IN THE AMOUNT OF $842,380.26, AND
PAYROLL WARRANTS DATED JANUARY 3, 2002, IN THE AMOUNT OF
$217,720.00 AND PAYROLL WARRANTS DATED JANUARY 17, 2002, IN THE
AMOUNT OF $247,110.98 RECEIVED AND FILED (300.30)
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5. REPORT OF INVESTMENTS, MONTH ENDING DECEMBER 31, 2001,
RECEIVED AND FILED; CITY CLERK DIRECTED TO FORWARD REPORT OF
INVESTMENTS TO THE CALIFORNIA DEBT AND INVESTMENT ADVISORY
COMMISSION (350.50)
6. RESOLUTION NO. 02-02-05-01 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING A GRANT DEED FOR "IN FEE" CONVEYANCE OF RIGHT-OF-WAY
FOR SIDEWALK PURPOSES ADJACENT TO 30900 RANCHO VIEJO ROAD;
ASSESSOR'S PARCEL NO. 650-631-01; MARBELLA OFFICE PLAZA/RANCHO
VIEJO PARTNERS (ARCHITECTURAL CONTROL 98-05; LOT1, TRACT 15386);"
AND THE CITY CLERK DIRECTED TO PROCESS RECORDING OF THE GRANT
DEED (670.50)
7. WAIVER OF FEES APPROVED FOR USE OF EL CAMINO REAL PARK FOR THE
ANNUAL SHOE GIVE-AWAY PROJECT BY STONEYBROOKE CHRISTIAN
SCHOOL ON FEBRUARY 8, 2002 (390.30)
8. RESOLUTION NO. 02-02-05-02 ADOPTED ENTITLED "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ROBERTI-
Z'BERG-HARRIS BLOCK GRANT PROGRAM UNDER THE SAFE
NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL
PROTECTION BOND ACT OF 2000" (PROPOSITION 12) (930.20)
9. WAIVER OF 90% OF THE FACILITY RENTAL FEES APPROVED FOR THE
LEAGUE OF WOMEN VOTERS OF CAPISTRANO BAY AREA FOR A PUBLIC
FORUM IN THE COMMUNITY CENTER ON FEBRUARY 20, 2002, AND IN THE
LA SALA AUDITORIUM ON MARCH 21, 2002 (390.30)
PUBLIC HEARINGS: None
RECESS AND RECONVENE
Council recessed at 7:10 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency, Capistrano Valley Water District and the San Juan Capistrano
Public Financing Authority meetings and reconvened at 7:51 p.m.
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ADMINISTRATIVE ITEMS
11. CITY MANAGER
a. RESOLUTION NO. 02-02-05-03 SUPPORTING PROPOSITION 42, THE
TRANSPORTATION CONGESTION IMPROVEMENT ACT ON THE MARCH 5,
2002 BALLOT (660.40)
Description: The League of California Cities requested cities to join the League in
supporting Proposition 42 which would allocate a portion of the existing state sales
tax on gasoline to cities and counties to be used for transportation improvements.
Written Communication: Report dated February 2, 2002, from Julia M. Silva,
Assistant City Manager.
Oral Presentation: Julia M. Silva, Assistant City Manager, reviewed the staff
recommendation.
Council Action: Moved by Mayor pro tem Gelff; seconded by Council Member Hart
and carried unanimously, 4-0-1, to adopt RESOLUTION NO. 02-02-05-03 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONVEYING SUPPORT FOR PROPOSITION 42."
b. RESOLUTION NO. 02-02-05-04 ADOPTING COUNTY OF ORANGE STANDARDS
AND AUTHORIZING THE COUNTY OVERSIGHT OF THE CERTIFICATION
PROGRAM FOR ADULT ALCOHOL AND DRUG SOBER -LIVING FACILITIES IN
ORANGE COUNTY (585.20)
Description: The Orange County Board of Supervisors directed the Orange County
Sheriff -Coroner Department to form a committee to establish a program for
voluntary certification of residential facilities providing drug-free living environments
(but not treatment). To allow for uniform administration and program endorsement,
each participating City must adopt the County standards by reference and authorize
the County to oversee the program within the City's jurisdiction.
Written Communication: Report dated February 5, 2002, from Julia M. Silva,
Assistant City Manager.
Oral Communication: Julia M. Silva, Assistant City Manager, reviewed the staff
recommendation.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 4-0-1, to adopt RESOLUTION NO. 02-02-05-04
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA ADOPTING COUNTY OF ORANGE STANDARDS
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AND AUTHORIZING COUNTY OVERSIGHT OF THE CERTIFICATION PROGRAM
FOR ADULT ALCOHOL AND DRUG SOBER -LIVING FACILITIES IN ORANGE
COUNTY."
C. COUNCIL POLICY RELATED TO NON-PROFIT PUBLIC BENEFIT
CORPORATIONS ADOPTED (610.30)
Description: The proposed City Council policy would implement guidelines and
parameters that non-profit organizations would abide by in order to enter into, and
maintain, any agreements or financial relationships with the City of San Juan
Capistrano, where the City provides a direct subsidy, or leases property at no rent
or minimal rent levels to a non-profit organization.
Written Communication: Report dated February 5, 2002, from Julia M. Silva,
Assistant City Manager.
A letter dated February 1, 2002, from Dana Butler, Executive Director of the Fran
Joswick Center, expressing support for the proposed policy.
Oral Communication: Julia M. Silva, Assistant City Manager, reviewed the staff
recommendation noting that she had received comment from Camp Cookie
expressing some concerns related to the proposed policy.
Lillian Justice, P.O. Box 460461, San Diego, CA 92046, representing Camp Cookie,
was generally in support of the proposal, expressing concerns about volunteer -
based organizations and suggested that IRS Form 990 be used to provide required
information.
Pauline Leonard, 27589 Brookside Lane, supported the proposal and
recommended establishment of a Human Affairs Commission to review requests
for financial relationships with the City.
Council Comments:
Council Member Hart supported staff recommendation noting council will be kept
appraised of nonprofit activities.
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Gelff
and carried unanimously, 4-0-1, to adopt the City Council Policy governing the
relationship of Non -Profit Public Benefit Corporations with the City of San Juan
Capistrano.
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12 COMMUNITY SERVICES DIRECTOR
a. RESOLUTION NO. 02-02-05-05 ADOPTED SUPPORTING PROPOSITION 40,
CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS,
AND COASTAL PROTECTION ACT OF 2002 (660.40)
Description: Placed on the March 5, 2002, ballot before the voters of California will
be Proposition 40, the Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Bond Act. The bond act will provide $2.6 billion in funding
statewide to fund projects improving the quality of life and will also provide
competitive grant funding for historical and cultural resources preservation, river
parkways and urban streams, agricultural land conservation, and urban forestry.
Staff is recommending support of Proposition 40.
Written Communications: Report dated February 5, 2002, from Al King, Jr.,
Community Services Director.
Letter dated February 1, 2002, received from Sharon Holdt, League of Women
Voters, Capistrano Bay Area, requesting adoption of resolution in support of
Proposition 40.
Oral Presentation: Al King, Jr., Community Services Director, reviewed the staff
recommendation.
Council Comments:
Mayor pro tem Gelff stated the bill would add potentially $40 million directly to
Orange County and additional millions toward issues directed toward open space
and wholeheartedly supports Proposition 40.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 4-0-1, to adopt RESOLUTION NO. 02-02-05-05
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, SUPPORTING THE PASSAGE OF THE
CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS,
AND COASTAL PROTECTION BOND ACT OF 2002 (PROPOSITION 40)."
ORDINANCES: None
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COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES:
Council Member Swerdlin
San Joaquin Hills Transportation Corridor (800.50): Bond rating for toll road was
recently lowered.
Mayor Bathgate
South Orange County Wastewater Authority Joint Powers Authority (1040.60):
Meeting scheduled for February 7, 2002
COUNCIL COMMENTS: None
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 8: 07 p.m. to
a Regular meeting, Tuesday, February 19, 2002, in the City Council Chamber.
Respectfully submitted,
.2�
M R ARET R. MONAHAN, CITY CLERK
Adopted: March 5, 2002
ATTEST:
DIANE BATHGATE,
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