05-0719_CC_Minutes_Regular MeetingMINUTES
JULY 19, 2005
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85): None
Mayor Hart called the regular meeting of the City Council of the City of San Juan
Capistrano to order at 7:01 p.m. in the City Council Chamber. Council Member Allevato
led the Pledge of Allegiance and Mayor pro tem Swerdlin gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Diane Bathgate, .foe Soto, Mayor pro
tem David M. Swerdlin, and Mayor Wyatt Hart.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; John Shaw, City Attorney; Meg
Monahan, City Clerk; William M. Huber, Assistant City Manager; Lt. Mike Betzler, Chief
of Police; Cynthia L. Russell, Administrative Services Director; Karen Crocker,
Community Services Director; Amy Amirani, Public Works Director; Molly Bogh,
Planning Director; Nasser Abbaszadeh, Engineering & Building Director; Bill Ramsey,
Principal Planner; Diane Regier, Management Analyst I; Elizabeth White, Recording
Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Allevato encouraged participation in the American Cancer Society's
Relay for Life to be held at the San Juan Capistrano Sports Park.
Council Member Bathgate reported attendance at a South Orange County Wastewater
Authority meeting and their efforts to recruit a general manager.
Council Member Soto reported participation at a Stone Field soccer awards ceremony
and the installation of Cindy Russell, Administrative Services Director, as the new
Rotary President.
Mayor pro tem Swerdlin reminded the public to take appropriate precautions to prevent
exposure to West Nile Virus and provided updates concerning activities of the Joint
Powers Insurance Authority and the Transportation Corridor Agencies.
7-19-2005
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Manager, announced upcoming events including
the San Juan Summer Nites concerts; a low cost, anti -rabies vaccination pet clinic;
Chamber of Commerce Installation Dinner; and a computer monitor and television
recycling effort, of which proceeds will help support victims of the Laguna Beach
landslide.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
CERTIFICATE OF APPRECIATION PRESENTED TO KEVIN GARCIA (610.40)
Mayor Hart recognized Kevin Garcia and presented him with a certificate of
recognition for his efforts in helping to extinguish a home fire and saving the lives
of his neighbors. Representatives from the Orange County Fire Authority
honored Garcia with a framed letter of commendation.
2. MAYOR'S AWARD FOR BUSINESS LEADER OF THE YEAR PRESENTED TO
KEN FRIESS (610.40)
Mayor Hart recognized Ken Friess for his dedication and contributions to the
community and presented him with the Mayor's Award for 2005 Business Leader
of the Year.
3. LONG TERM EMPLOYEE MARICELLA MORENO RECOGNIZED (730.90)
Karen Crocker, Community Services Director, recognized long term employee,
Maricella Moreno, Recreation Coordinator, for her 25 years of service to the city.
Mayor Hart presented her with a Certificate of Recognition.
4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following individuals in attendance: Don
Tryon, Cultural Heritage Commission; Maria Buckner and Joann de Guevara,
Housing Advisory Committee; Stan Wallacelowski, Executive Director, and Jim
Davidson, Board of Directors, San Juan Capistrano Chamber of Commerce; Ken
Friess, former Mayor; Colleen Campbell, former Mayor, and her husband Gary
Campbell; and Pat Bathgate, wife of the City's first Mayor and mother of Council
Member Bathgate.
5. CITY CLERK MEG MONAHAN RECOGNIZED (610.40)
Mayor Hart recognized Meg Monahan, City Clerk, for her achievement of
professional service and educational goals established by the International
Institute of Municipal Clerks.
2 7-19-2005
ORAL COMMUNICATIONS
Carolyn Gonzales, City resident, relayed problems she and her husband were
encountering in their efforts to improve their recently purchased property. Molly Bogh,
Planning Director, reported that staff had met with the Gonzales Family and provided a
written record of their meeting discussions, but had not yet received an application for
proposed improvements. Mayor Hart encouraged Ms. Gonzales to submit appropriate
applications.
Michael E. Rubio, City resident, presented his concerns with the adjacent Mammoth
Equities development including, creation of a potential attractive nuisance, property
damage, construction activity outside of permitted hours, illegal site access, and the
need for a barrier between properties. Nasser Abbaszadeh, Engineering & Building
Director, reported that staff had a scheduled meeting with Mr. Rubio and the developer
to discuss issues and solutions.
Jennifer Van Swae, City resident, expressed concerns about potential sale of an
adjacent property and possible impacts with grading or construction activity.
CONSENT CALENDAR
Council Action: Moved by Council Member Soto, seconded by Council Member
Swerdlin, and carried unanimously, 5-0, to approve items 1 through 13 & 15 through 19,
as recommended by staff:
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF JUNE 21,
2005, APPROVED AS SUBMITTED.
3. MINUTES OF THE REGULAR MEETING OF THE SAN JUAN CAPISTRANO
PUBLIC FINANCING AUTHORITY OF .LUNE 21, 2005, APPROVED AS
SUBMITTED.
4. MINUTES OF THE REGULAR MEETING OF THE SEWER MAINTENANCE
DISTRICT #1 OF JUNE 21, 2005, APPROVED AS SUBMITTED.
5. ACCOUNTS PAYABLE WARRANTS DATED JULY 7, 2005, IN THE AMOUNT
OF $699,341.49; AND PAYROLL WARRANTS DATED JULY 1, 2005, IN THE
AMOUNT OF $287,146.54, RECEIVED AND FILED. (300.30)
6. CASH BALANCES BY FUND — MAY 31, 2005, RECEIVED AND FILED. (330.50)
3 7-19-2005
7. CLAIM AGAINST THE CITY BY MODESTA ACOSTA DENIED BASED UPON
THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY. (170.70)
8. CLAIM AGAINST THE CITY BY JESUS DURAN DENIED BASED UPON THE
INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY. (170.70)
9. CLAIM AGAINST THE CITY BY BRIAN HERNANDEZ DENIED BASED UPON
THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE
ADJUSTER, CARL WARREN & COMPANY. (170.70)
10. CLAIM AGAINST THE CITY BY REFUGIO HERNANDEZ DENIED BASED
UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S
INSURANCE ADJUSTER, CARL WARREN & COMPANY. (170.70)
11. RESOLUTION NO. 05-07-19-01, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC
NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION
OF UNDERGROUND UTILITY DISTRICT 05-01," ADOPTED. (DEL OBISPO
STREET, CALLE ASPERO TO AGUACATE ROAD) (345.50)
12. RESOLUTION NO. 05-07-19-02 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC
NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION
OF UNDERGROUND UTILITY DISTRICT 05-02," ADOPTED. (DEL OBISPO
STREET, ALI PAZ STREET TO PASEO ADELANTO) (345.50)
13. TRAFFIC CONGESTION RELIEF PROGRAM CAPITAL IMPROVEMENT
PROJECT — ORTEGA HIGHWAY WIDENING, DEL OBISPO STREET TO 1-5
SOUTHBOUND RAMPS TERMINATED; AND STAFF AUTHORIZED TO MAKE
THE PROJECT FUNDING AVAILABLE FOR OTHER PRIORITY PROJECTS.
(590.60)
14. AMENDMENT NO. 1 TO THE JOINT FACILITIES USE AGREEMENT WITH
THE CAPISTRANO UNIFIED SCHOOL DISTRICT FOR THE MARCO
FORSTER SPORTS FIELDS APPROVED. (600.30)
This item was removed from the Consent Calendar to allow Council Member
Soto to abstain.
Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council
Member Allevato and carried 4-0-1, with Council Member Soto abstaining, to
approve Amendment No. 1 to the Joint Facilities Use Agreement with the
Capistrano Unified School District for the Marco Forster Sports Fields.
4 7-19-2005
ROLL CALL
AYES: COUNCIL MEMBERS: Allevato, Swerdlin, Bathgate, Mayor
Hart
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS. Soto
15. FIRST AMENDMENT TO THE CONSTRUCTION AND MAINTENANCE
AGREEMENT WITH THE SOUTHERN CALIFORNIA REGIONAL RAIL
AUTHORITY FOR CONSTRUCTION OF THE VEREDA BIKEWAY
UNDERCROSSING, APPROVED. (LOSSAN) (CIP NO. 124) CITY COUNCIL
PRIORITY NO. 4 (600.30)
16. TWO-YEAR AGREEMENT WITH PEPPERDINE UNIVERSITY TO PROVIDE
CONSULTANT SERVICES FOR GANG PREVENTION SERVICES FOR
$111,280, FROM JULY 1, 2005 TO JUNE 30, 2007, APPROVED. (600.30)
17. AGREEMENT WITH THE CHAMBER OF COMMERCE FOR VISITOR
INFORMATION SERVICES FOR FISCAL YEAR 2005-2006, IN THE AMOUNT
OF $25,000, APPROVED. (600.30)
18. TWO-YEAR PERSONAL SERVICES AGREEMENT WITH WEBB COMMUNITY
MANAGEMENT, INC. FOR ADMINISTRATION OF THE OVERNIGHT PARKING
PERMIT PROGRAM AT THE CAPISTRANO VILLAS I, II, III, IN THE AMOUNT
OF $43,452, FROM JULY 1, 2005 THROUGH JUNE 30, 2007, APPROVED.
(600.30)
19. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND THE SAN JUAN CAPISTRANO MANAGEMENT AND
PROFESSIONAL EMPLOYEES ASSOCIATION APPROVED; NECESSARY
MODIFICATIONS TO THE CITY'S PERSONNEL RULES AND REGULATIONS
AUTHORIZED; AND RESOLUTION NO. 05-07-19-03, 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 CLASSIFICATION AND COMPENSATION PLAN," ADOPTED. (730.30)
PUBLIC HEARINGS
1. FIRST READING AND INTRODUCTION OF AN ORDINANCE APPROVING A
DEVELOPMENT AGREEMENT FOR VESTING TENTATIVE TRACT MAP
(TTM) 14343 SAN JUAN MEADOWS, APPROVED. (APN 666-311-02, 03 & 04)
(600.30)
5 7-19-2005
Description: Advanced Group SJ -99 has requested approval of a development
agreement for property that was subject to Vesting Tentative Tract Map (TTM)
14343, which was approved by the City Council on February 17, 1998. The
proposed development agreement would extend the term of the map to allow the
applicant to complete processing of the Forster Canyon Landfill Closure Plan and
Post -closure Maintenance Plan. The City would benefit from the closure of the
landfill and from payment of all City fees in effect at the time that payment of fees
would be due. The development agreement would be for a term of five years with
a provision for a two year extension at the sole discretion of the City Council.
Staff recommends approval of first reading and introduction of an Ordinance
approving the Development Agreement for the San Juan Meadows project.
Written Communication: Report dated July 19, 2005, by Molly Bogh, Planning
Director.
Presentations: William Ramsey, Principal Planner, summarized the staff
report.
Mayor Hart opened the public hearing.
Ray Poulter, representing the applicants, Advanced Real Estate Services, Inc.,
summarized the proposed improvements to the site.
Public Testimony:
Richard Reynolds, City resident, asked that the needs of the residents in
Capistrano Terrace Mobile Estates be addressed.
Princess Gardner, Capistrano Beach resident, was concerned about potential
impacts the development would have on residents of Capistrano Terrace Mobile
Estates.
Jean Parman, City resident, felt the Environmental Impact Report originally
prepared for the project was out of date; she was concerned about runoff, traffic
from new development, and potential slope failures.
Lois Huddlestone, City resident, requested affordable housing for working
residents, instead of seniors.
Myron Sukut, City resident, felt the development would enhance the community,
make improvements on the closed landfill, and cover costs to maintain proper
maintenance and monitoring of the former landfill area.
Sally Garibaldi, City resident, felt there was insufficient notice to surrounding
residents concerning the public hearing and was concerned with potential
impacts to adjacent residents.
7-19-2005
Mayor Hart closed the Public Hearing.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT FOR THE
SAN JUAN MEADOWS (ADVANCED GROUP SJ -99) (APN 666-311-02, 03 &
04) (TTM 14343)."
Council Action: Moved by Council Member Soto, seconded by Council
Member Allevato, and unanimously carried, 5-0, to approve first reading and
introduction of an ordinance approving the Development Agreement for the San
Juan Meadows project.
RECESS AND RECONVENE
Council recessed at 8:18 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:18 p.m.
ADMINISTRATIVE ITEMS
— G1. ADMINISTRATIVE SERVICES DIRECTOR
a. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING THE
MUNICIPAL CODE RELATED TO REGULATION OF MASSAGE THERAPY
(TITLE 5, CHAPTER 24) APPROVED. (460.30)
Description: Since 1996 the City's Municipal Code, Chapter 24, Title 5,
"Regulation of Massage Therapy" has regulated Massage Therapy, requiring 200
hours of training for licensure. The Orange County Sheriff's Department (OCSD)
has reported problems processing the massage applications for the City,
including forged diplomas and schools that issue documents without applicants
ever having attended class. There has also been an increase in the number of
arrests in the City for illegal activity in connection with massage, which poses a
risk to the health, safety, and welfare of the public. Based on OCSD's
recommendation to adopt new regulations, Staff researched massage
ordinances for surrounding cities and has proposed new regulations and
procedures. The new regulations will ensure that only properly trained individuals
will be licensed, without placing undue burden on legitimate massage therapists
and technicians. Staff recommends approval of first reading and introduction of
an ordinance amending Chapter 24, Title 5, "Regulation of Massage Therapy."
Written Communications: Report dated July 19, 2005, by Cynthia L. Russell,
Administrative Services Director.
7 7-19-2005
Presentation: Diane Regier, Management Analyst I, summarized the staff report.
Public Comment:
Mark Cheung, Irvine resident, objected to the proposed ordinance as the
associated fees and testing requirements would be too steep for many of his long
term employees to achieve.
Joel Doti, Yorba Linda resident, discussed types of massage and related training
requirements.
Nancy Molina, City resident, supported changes to the ordinance.
Constance Forsey, local massage therapist, was opposed to increased costs and
requirements for massage therapists.
Jennifer Spignese, San Clemente resident, supported licensure and
recertification of massage therapists.
Michelle Bryant, Rancho Santa Margarita resident, supported more stringent
regulations but was concerned about the extent of the increase in costs.
End of Public Comment
Meg Monahan, City Clerk, read the title of the Ordinance, entitled, "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING CHAPTER 24 "REGULATION OF MASSAGE THERAPY," OF
TITLE 5, "PUBLIC WELFARE" OF THE MUNICIPAL CODE."
Council Action: Moved by Council Member Allevato, seconded by Council
Member Bathgate, and unanimously carried, 5-0, to approve first reading and
introduction of an ordinance amending Chapter 24, Title 5, "Regulation of
Massage Therapy."
ORDINANCES
ORDINANCE NO. 906 APPROVING A DEVELOPMENT AGREEMENT FOR
VESTING TENTATIVE TRACT MAP 16634 AND ADJACENT LAND, ADOPTED.
(WHISPERING HILLS ESTATES) (APNS 121-172-02, 124-140-49, 124-140-50,
124-140-51, 124-140-53, 124-223-23,124-223-45) (600.30)
Description: Second reading and adoption of the Ordinance is necessary to
approve the development agreement for Vesting Tentative Tract Map 16634 and
adjacent land.
8 7-19-2005
Meg Monahan, City Cleric read the title of the Ordinance, entitled, "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A DEVELOPMENT AGREEMENT FOR THE WHISPERING HILLS
ESTATES PROJECT (WHISPERING HILLS LLC)."
Council Action: Moved by Council Member
tem Swerdlin, and carried unanimously, 5-0,
approving a Development Agreement for Vesting
adjacent land.
COUNCILMANIC ITEMS: None
ADJOURNMENT
Soto, seconded by Mayor pro
to adopt Ordinance No. 906,
Tentative Tract Map 16634 and
There being no further business, Mayor Hart adjourned the meeting at 9:48 p.m. to
Tuesday, August 2, 2005 at 5:30 p.m. for Closed Session, and 7:00 p.m. for the public
Business Session, in the City Council Chamber.
RResp/ec1tfully s mitt ,
=� /E
ARET R. MONAHAN, CITY CLERK
: August 16, 2005
9 7-19-2005