02-0305_CC_Minutes_Regular MeetingMINUTES
March 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, the City Council conferred with its
legal counsel regarding the status of Kuo v. City of San Juan Capistrano, Case No.
01 CC06479 and related Case No. 01 CC06484.
b. Pursuant to Government Code Section 54956.9(c), the City Council conferred with
its legal counsel regarding two matters.
C. Pursuant to Government Code Section 54956.8, the City Council conferred with its
real property negotiator (City Manager) concerning the potential lease of land,
described as APN 668-101-03, to the Capistrano Valley Water District. Its
negotiator is the Executive Director.
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 7:01 p.m. in the City Council Chamber. Council Member
Wyatt Hart led the Pledge of Allegiance to the Flag. Monsignor Paul Martin, Mission
Basilica San Juan Capistrano, gave the Invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, Collene Campbell, David M. Swerdlin,
Mayor pro tem John S. Gelff, and Mayor Diane Bathgate.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Julia Silva, Assistant City
Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Thomas Tomlinson,
Planning Director; William M. Huber, Engineering and Building Director; Al King, Jr.,
Community Services Director; Lt. Rick Stahr, Chief of Police Services; and, Dawn
Schanderl, Deputy City Clerk.
ANNOUNCEMENT OF CLOSED SESSION
John Shaw, City Attorney, reported that the City Council authorized the following regarding
CC Minutes 1 3-5-02
Closed Session item 1 a - filing of an appeal with respect to Kuo v. City of San Juan
Capistrano, Case No. 01 CC066479 and related Case No. 01 CC06484 (4-0-1 vote, with
Mayor Bathgate abstaining); and regarding Closed Session item 1 b - filing of a joinder
letter of appeal to the State Water Quality Board with respect to the San Diego Regional
Water Quality Control Board storm drain regulations (5-0 vote).
INTRODUCTIONS, PRESENTATION AND DONATIONS
1. PROCLAMATION DESIGNATING FEBRUARY 1, 2002 THROUGH APRIL 30, 2002
AS FIESTA DE LAS GOLONDRINAS (150.60)
Mayor Bathgate presented a proclamation to Tom Ostenson, President of the Fiesta
Association, designating February 1, 2002 through April 30, 2002, as "Fiesta de las
Golondrinas."
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Gelff introduced the following: Les Blair, Council Liaison to the
Seniors; Pat Bathgate, Mother of the Mayor; Boy Scout Troop #731; and Orange
County Fire Authority Battalion Chief Mike Ahumada.
ORAL COMMUNICATIONS:
CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYMATER DISTRICT
Richard M. Stowe, 32103 Paseo Carolina, requested the City Council to consider installing
lighting for the San Juan Creek bike trail and consider the use of roundabouts for high
capacity intersections.
Terry D'Amica, 32961 Calle Miguel, supported lighting of the San Juan Creek bike trail.
Bill Campbell, 33141 Paseo Pinto, inquired into televising City Council meetings. George
Scarborough, City Manager, reported that costs are very high and Federal law requires that
the costs be passed to ratepayers.
Jill Hanna, 26861 Canyon Crest, President of the Mission Hills Ranch Homeowners
Association, requested resurfacing of Mission Hills Drive, as the road is in very poor
condition. Ms. Hanna submitted a letter dated February 21, 2002, regarding her request.
George Scarborough, City Manager, responded that Staff will investigate the issue and
report to the City Council.
David Alaceri inquired into the progress of work at Camino Capistrano. William Huber,
Directorof Engineering and Building, reported that environmental workwas required, which
slowed down the project schedule. He anticipated that the work would be completed by
the end of this year.
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CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Council Member Swerdlin
and carried unanimously, 5-0, to approve items 1, 2, and 4 through 7 as recommended by
Staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED
2. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 5, 2002, APPROVED
AS SUBMITTED.
3. WARRANTS DATED FEBRUARY 7, 2002, IN THE AMOUNT OF $504,889.22,
AND PAYROLL WARRANTS DATED FEBRUARY 14, 2002, IN THE AMOUNT OF
$224,374.00, RECEIVED AND FILED (300.30)
This item was removed from the Consent Calendar to allow Mayor Bathgate to
abstain from voting.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Campbell, Swerdlin and Mayor pro
tem Gelff
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS:
Mayor Bathgate
4. CONTRACT CHANGE ORDER NO. 1 APPROVED IN THE AMOUNT OF
$7,072.44; RESOLUTION NO. 02-03-05-01 ADOPTED ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR EL CAMINO REAL/SPRING STREET
STORM DRAIN PROJECT (MATTHEW & STEWART COMPANY, INC.);" CITY
CLERK DIRECTED TO PROCESS RECORDING OF THE PROJECT NOTICE OF
COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE 10% RETENTION,
IN THE AMOUNT OF $8,471.12,35 DAYS AFTER RECORDATION (600.30)
5. CONTRACT CHANGE ORDER NO. 1 APPROVED IN THE AMOUNT OF
$2,129.50; CONTRACT CHANGE ORDER NO. 2 APPROVED IN THE AMOUNT
OF $3,864.00; RESOLUTION NO. 02-03-05-02 ADOPTED ENTITLED "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THE CITY SEWER EXTENSION, CAMINO
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CAPISTRANO (CARE) (BRONGO CONSTRUCTION, INC.);' CITY CLERK
DIRECTED TO PROCESS RECORDING OF THE PROJECT NOTICE OF
COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE 10% RETENTION,
IN THE AMOUNT OF $8,774.15,35 DAYS AFTER RECORDATION (600.30)
6. REPORT OF INVESTMENTS, MONTH ENDING JANUARY 31, 2002, RECEIVED
AND FILED (350.50)
7. CANON AWARDED THE BIDS FOR THE LEASE/PURCHASE OF AN
IMAGERUNNER 105 FOR $37,749 OR $1,087 PER MONTH LEASE COSTS,
PLUS $480 FOR MAINTENANCE AND SUPPLY COSTS PER MONTH AND THE
LEASE/PURCHASE OF TWO (2) CANON IMAGERUNNER 28 COPIERS FOR
$7,077 EACH OR $218 PER MONTH EACH, PLUS MAINTENANCE AND SUPPLY
COST OF $130 PER MONTH EACH; AND CITY MANAGER AUTHORIZED TO
EXECUTE THE APPROPRIATE LEASE DOCUMENTS (370.30)
PUBLIC HEARINGS: None
RECESS AND RECONVENE
Council recessed at 7:30 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency and Capistrano Valley Water District meetings and reconvened
at 7:32 p.m.
ADMINISTRATIVE ITEMS
H1. CITY MANAGER
a. REIMBURSEMENT IN THE AMOUNT OF $26,628 TO MISSION SAN JUAN
CAPISTRANO APPROVED FOR REPAIRS MADE TO THE PUBLICLY OWNED
PORTION OF THE MISSION SAN JUAN CAPISTRANO WALL LOCATED ON
ORTEGA HIGHWAY (910.50)
Project Description: Mission San Juan Capistrano requested reimbursement from
the City in the amount of $26,628 to cover the costs related to repair of the low,
concrete masonry planter wall located in the publicly owned right-of-way along
Ortega Highway.
Written Communication: Report dated March 5, 2002, from Mechelle Lawrence,
Economic Development Manager.
Oral Presentation: George Scarborough, City Manager, reviewed the staff
recommendation.
Council Action: Moved by Council Member Campbell, seconded by Mayor pro tem
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Gelff and carried unanimously, 5-0, to appropriate funds from the General Fund
Reserve in the amount of $26,628 to reimburse Mission San Juan Capistrano for
the repairs made to the publicly owned portion of the historic wall located on Ortega
Highway.
H2 PLANNING DIRECTOR
a. CONSIDERATION OF WAIVER OF FEES FOR PROPOSED PROJECT ON
CITY'S NORTHWEST OPEN SPACE (CAMP COOKIE FOR CHILDREN, INC.)TO
BE CONTINUED TO MARCH 19, 2002
Protect Description: Camp Cookie for Children submitted a letter requesting waiver
of all fees associated with the development review process and building permit fees
for their proposed ranch activity center and stable on the City's Northwest Open
Space property.
Written Communication: Report dated March 5, 2002, from Thomas Tomlinson,
Planning Director.
Oral Presentation: Lynnette Adolphson, Management Analyst II, reviewed the staff
recommendation.
Council Comments:
Council Member Swerdlin requested that Staff differentiate between soft costs and
costs that would need to be supplemented from other sources if they were not paid
by Camp Cookie. He also inquired into past fee waivers approved by the Council
for similar types of organizations. He was uncomfortable with the staff
recommendation and suggested a two week continuance.
Mayor Bathgate concurred.
Council Member Campbell felt it was inappropriate for the City to donate public
funds to a private nonprofit organization. She felt this was a personal decision that
individual citizens should make with respect to their own money.
George Scarborough, City Manager, reported that the Staff recommended fee
waiver included costs that would need to be supplemented from other sources, if
Camp Cookie did not pay these fees. The costs that would not need to be
supplemented from other sources, referred to as the City's soft costs, represented
$21,000.
Council Action: Moved by Council Member Swerdlin, seconded by Council Member
Hart and carried unanimously, 5-0, to continue the consideration of waiver of fees
requested by Camp Cookie for Children to the Council meeting of March 19, 2002.
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ORDINANCES: None
COUNCILMANIC ITEMS
1. COUNCIL MEMBERS HART AND SWERDLIN SELECTED AS COUNCIL
SUBCOMMITTEE MEMBERS FOR REVIEWING WALL OF RECOGNITION
NOMINATIONS (210.10)
Description: The Wali of Recognition Program was created to recognize individuals
whose contributions and selfless efforts have made the City of San Juan
Capistrano a more productive and enjoyable place to live. Council policy
establishes that the City Council will designate a subcommittee of City Council
members to select the honorees.
Written Communication: Report dated March 5, 2002, from Cristi J. Silverberg,
Community Liaison.
Council Action: Moved by Council Member Campbell, seconded by Mayor pro tern
Gelff and carried unanimously, 5-0, to appoint Council Members Hart and Swerdlin
to serve as Council subcommittee members for reviewing Wall of Recognition
nominations.
2. ORAL REPORTS OF OUTSIDE AGENCIES:
Council Member Campbell
Associated Seniors Action Program (ASAP) (595.60): Council Member Campbell
will begin working with the program volunteers to develop a memorial for ASAP
volunteers.
Council Member Swerdlin
Orange County Vector Control District (560.50): Vector of the month - mosquito
Mayor pro tem Gelff
Library Advisory Board (950.20): Mayor pro tem Gelff will meet with Friends of the
Library to present report.
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COUNCIL COMMENTS:
Mayor pro tem John S. Gelff inquired into the possibility of additional fireworks for
the 4th of July celebration. George Scarborough, City Manager, reported that the
midyear budget would be considered soon which will include funding alternatives
for fireworks.
ADJOURNMENT
There being no further business, Mayor Bathgate adjourned the meeting at 7:48 p.m. to
a Regular meeting, Tuesday, March 19, 2002, in the City Council Chamber.
Respoctfuily submitted,
G2 n'�
RET R. MONAHAN, CITY CLERK
: April 2, 2002
ATTEST:
DIANE BATHGATE, MAYOR
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