05-0802_CC_Minutes_Regular MeetingMINUTES
AUGUST 2, 2005
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION 610.$5: 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, Joe Soto, Mayor pro tem David M.
Swerdlin, and Mayor Wyatt Hart.
COUNCIL MEMBERS ABSENT: Diane Bathgate (excused).
STAFF PRESENT: Dave Adams, City Manager; John Shaw, City Attorney; Meg
Monahan, City Clerk; William M. Huber, Assistant City Manager; Cynthia L. Russell,
Administrative Services Director; Lt. Mike Betzler, Chief of Police Services; Amy
Amirani, Public Works Director; Nasser Abbaszadeh, Engineering & Building Director;
Ziad Mazboudi, Senior Civil Engineer; Molly Bogh, Planning Director; Douglas Dumhart,
Economic Development Manager; Elizabeth White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Members congratulated the City's Relay for Life team (Galloping Gauchos) and
event organizers, Ken Friess and Tony Bland, for their successful participation and
fundraising for the American Cancer Society's second annual community event. William
M. Huber, Assistant City Manager, was recognized for raising the highest amount. Bill
Ramsey, Principal Planner, was recognized for successfully completing 100 miles in 21
hours. City staff members were also recognized for setting up and cleaning up the
event.
Council Member Allevato reported organizational efforts to campaign for continuation of
the Measure M '/z -cent sales tax and recognized the resulting traffic improvements
within the area.
Mayor pro tem Swerdlin encouraged residents to take necessary precautions to prevent
exposure to West Nile Virus.
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ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced upcoming communitywide
events including the Library's quarterly book sale; Old Capistrano Merchants
Association and San Juan Capistrano Equestrian Coalition Barn Dance; Community
Outreach Program; and the San Juan United Soccer annual tournament.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following individuals in attendance: Joann
de Guevara and Marie Buckner, Housing Advisory Committee; Angela Duzich,
Cultural Heritage Commission; and Ken Friess and Phil Schwartze, former
mayors.
ORAL COMMUNICATIONS
Ted Powers, City resident, spoke regarding illegal construction activity on an adjacent
lot that is threatening his property. Dave Adams, City Manager, indicated that Nasser
Abbaszadeh, Engineering & Building Director, had recently met with Mr. Powers and will
be working with the City Attorney and code enforcement to resolve the situation. Mayor
Hart requested a report as to why resolution has been delayed.
Russell Welsh, City resident, offered suggestions concerning freeway interchanges,
extension of a golf course and related senior housing needs and proposed location for
city hall. Mayor Hart replied that no site selection had been made for a proposed city
hall.
Ken Friess, City resident, thanked the City for their participation in planning and carrying
out the Relay for Life event, as well as their successful fund raising efforts.
CONSENT CALENDAR
Council Action: Moved by Council Member Soto, seconded by Council Member
Swerdlin, and carried unanimously, 4-0, to approve items 1 through 4 as recommended
by staff:
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF JULY 5,
2005, APPROVED AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED JULY 21, 2005, IN THE AMOUNT
OF $1,770,124.25; AND PAYROLL WARRANTS DATED JULY 15, 2005, IN
THE AMOUNT OF $272,671.67, RECEIVED AND FILED. (300.30)
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4. REPORT OF INVESTMENTS, MONTH ENDING JUNE 30, 2005, RECEIVED
AND FILED; AND THE CITY CLERK DIRECTED TO FORWARD THE REPORT
OF INVESTMENTS FOR THE MONTH ENDING JUNE 30, 2005 TO THE
CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION. (350.30)
PUBLIC HEARINGS
1. RESOLUTION NO. 05-08-02-01 ADOPTED APPROVING CONFIRMATION OF
THE COST REPORT FOR 2005 WEED ABATEMENT CHARGES AND
AUTHORIZING THE ORANGE COUNTY AUDITOR -CONTROLLER'S OFFICE
TO INCLUDE THE ASSESSMENTS ON THE PROPERTY TAX. (540.70)
Description: Pursuant to City Ordinance No. 348, Weed and Refuse
Abatement, and in cooperation with the County of Orange tax assessment
procedures, the charges for the City's Weed Abatement Program have been
prepared for City Council confirmation. Staff recommended Council adopt the
resolution confirming the assessments for the weed abatement charges, and
authorizing the Orange County Auditor -Controller's Office to include the
assessments on the Property Tax Roll.
Written Communication: Report dated August 2, 2005, by Amy Amirani, Public
Works Director.
Presentations: Amy Amirani, Public Works Director, summarized the staff
report.
Mayor Hart opened the public hearing, and there being no public testimony,
closed the public hearing.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Allevato, and unanimously carried, 4-0, to adopt RESOLUTION NO. 05-
08-02-01 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN .JUAN CAPISTRANO, CALIFORNIA, APPROVING CONFIRMATION OF
THE COST REPORT FOR 2005 WEED ABATEMENT CHARGES AND
AUTHORIZING THE ORANGE COUNTY AUDITOR -CONTROLLER'S OFFICE
TO INCLUDE THE ASSESSMENTS OF WEED ABATEMENT CHARGES ON
THE PROPERTY TAX. "
RECESS AND RECONVENE
Council recessed at 7:34 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:35 p.m.
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ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. OFFER BY JOHN COLLINS FOR THE SDG&E TROUBLESMAN'S COTTAGE
ACCEPTED; AND STAFF AUTHORIZED TO EXECUTE THE NECESSARY
ARRANGEMENTS. (670.70)
Description: On July 8, 2005, the City received a letter from John Collins offering
$10,000.00 for the cottage and reimbursement of the expenses for the rental
blocks. He proposes to relocate and restore the cottage to a property in the
Mission Flats area once the moratorium is no longer in effect. Staff
recommended Council accept Mr. Collins offer for the SDG&E cottage and
authorize staff to execute necessary changes.
Written Communications: Report dated August 2, 2005, by Douglas D.
Dumhart, Economic Development Manager.
Presentation: Douglas D. Dumhart, Economic Development Manager,
summarized the staff report.
Public Comment:
Angela Duzich, 31372 Don Juan Avenue, supported moving the Troublesman's
Cottage to Mission Hill/Mission Flats neighborhood, as it would blend in with the
area. Mayor Hart suggested that she petition the neighborhood for support for an
exception to the current moratorium on development within the neighborhood, in
an effort to speed the process of moving the structure.
Council Action: Moved by Council Member Swerdlin, seconded by Council
Member Soto, and unanimously carried, 4-0, to accept the offer by John Collins
for the SDG&E Troublesman's Cottage and authorize staff to execute the
necessary arrangements.
G2. ENGINEERING & BUILDING DIRECTOR
a. STATUS REPORT ON LA NOVIA BRIDGE REPORT RECEIVED (840.20)
Description: As part of the mitigation measures imposed on the Glendale Federal
development, Area C & D, the La Novia Bridge was required to be widened.
Taylor Woodrow Homes, Inc. purchased the development and accepted the
responsibility of meeting the requirements. Staff will bring this item back to the
City Council when aesthetic options will be available.
Written Communications: Report dated August 2, 2005 by Nasser Abbaszadeh,
Engineering and Building Director.
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Presentation: Nasser Abbaszadeh, Engineering and Building Director,
summarized the staff report.
Council Action: None taken.
ORDINANCES
1. ORDINANCE NO. 907 APPROVING AND ADOPTING A DEVELOPMENT
AGREEMENT FOR THE SAN ,JUAN MEADOWS ADOPTED. (ADVANCED
GROUP SJ -99) (APN 666-311-02, 03 & 04) (TTM 14343) (600.30)
Description: Second reading and adoption of the Ordinance is necessary to
approve and adopt the development agreement for the San Juan Meadows.
Written Communication: Report dated August 2, 2005, by Meg Monahan, City
Clerk.
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 Swerdlin, seconded by Mayor
pro tem Soto, and carried unanimously, 4-0, to adopt Ordinance No. 907,
approving and adopting a Development Agreement for San Juan Meadows.
2. ORDINANCE NO. 908 AMENDING THE MUNICIPAL CODE CONCERNING
MASSAGE THERAPY ADOPTED AS AMENDED. (460.30)
Description: Second reading and adoption of the Ordinance is necessary to
approve amending Chapter 24 "Regulation of Massage Therapy," of Title 5 of the
Municipal Code.
Written Communication: Report dated August 2, 2005 by Meg Monahan, City
Clerk.
Public Comment:
Mark Cheung, 31734 Rancho Viejo Road, Ortega Therapy Day Spa, was
opposed to the national test, as it was administered only in English, not allowing
interpreters to assist test takers.
Angela Duzich, City resident, suggested alternate testing procedures for
licensing.
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Vivian Kost, Perris resident, felt the minimum hours of training would be
burdensome.
Nancy Hunter, Perris resident, felt the requirements for licensure were too high.
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 Mayor pro tem Soto, seconded by Council
Member Allevato, and carried unanimously, 4-0, to adopt Ordinance No. 908,
amending Chapter 24 'Regulation of Massage Therapy,' of Title 5 'Public
Welfare' of the municipal code, with language amendment to the section related
to a National Test Required, by allowing for an equivalent testing procedure as
approved by the City.
COUNCILMANIC ITEMS — None
ADJOURNMENT
There being no further business, Mayor Hart adjourned the meeting at 8:21 p.m. to
Tuesday, August 16, 2005 at 5:30 p.m. for Closed Session, and 7:00 p.m. for the public
Business Session, in the City Council Chamber.
Respectfully submitted,
RET R. MONAHAN, CITY CLERK
September 6, 2005
ATTEST:
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