06-0207_CC_Minutes_Regular MeetingMINUTES
FEBRUARY 7, 2006
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.$5]
A Closed Session was held for the following purposes, as authorized by statute:
Pursuant to Government Code section 54956.9, the City Council conferred with
its legal counsel regarding the status of Scalzo v. City of San Juan Capistrano,
administrative claim of T. Powers, and code enforcement action for property at
33561 Valle Rd, San Juan Capistrano.
Mayor Swerdlin called the Regular Meeting of the City Council of the City of San Juan
Capistrano to order at 7:06 p.m. in the City Council Chamber. Council Member Hart led
the Pledge of Allegiance and Council Member Soto asked for a moment of silence to
honor the troops serving in Iraq. Mayor Swerdlin dedicated the meeting to the late Larry
Hernandez, longtime community volunteer and descendent of Jose Francisco Ortega.
ROLL CALL
COUNCIL MEMBERS PRESENT: Wyatt Hart, Diane Bathgate, Joe Soto, Mayor pro
tem Sam Allevato, and Mayor David M. Swerdlin.
COUNCIL MEMBERS ABSENT: None
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; Karen
Crocker, Community Services Director; Amy Amirani, Public Works Director; Nasser
Abbaszadeh, Engineering & Building Director; Molly Bogh, Planning Director; and
Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Members complimented Phil Schwartze, President of Capistrano Animal
Rescue Effort (CARE) on the great car show that CARE sponsored last weekend.
Council Member Hart congratulated Mayor pro tem Allevato on the birth of his
grandson, Maxwell Liam Martinez.
2-7-2006
Council Member Bathgate announced attendance at a recent South Orange County
Wastewater Authority meeting.
Mayor pro tem Allevato reported a proposal by the Orange County Fire Authority to
provide a two tiered emergency response system.
Mayor Swerdlin announced attendance at the Boys & Girls Club Power Breakfast and
the Youth of the Year awards. He announced a Transportation Corridor meeting
concerning the 241 toll road extension to be held on February 23, 2006.
NORTHWEST AREA STRATEGIES COMMITTEE REPORT
Council Member Hart announced the seating of the North West Strategies Committee
and expected they would begin their public meetings in early March.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director announced upcoming communitywide
events including a "Trails of Discovery" Lecture and Lincoln Celebration hosted by the
Mission San Juan Capistrano; a networking breakfast hosted by the Chamber of
Commerce; and Fiesta Association events leading up to the Fiesta de las Golondrinas.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Allevato introduced the following individuals in attendance: Les
Blair, Council Liaison to the San Juan Seniors; Bob Cardoza, Planning
Commission; Joann de Guevara and Marie Buckner, Housing Advisory
Committee; Lee Goode, Water Advisory Commission
ORAL COMMUNICATIONS
Mayor Swerdlin announced that Items E-2 (Public Hearing regarding a development
proposal by San Juan Golf, Inc.); G -la (Amendment to the testing requirements for
massage therapists); and 1-1 (Biannual appointments to commissions and committees)
would be continued.
Shirley King, acupuncturist, spoke regarding hours needed to properly learn massage.
2 2-7-2006
The following individuals spoke in opposition to the Item E-2 proposal:
Mark Nielsen, City Resident, expressed concerns related to traffic, reduction of open
space and quality of life issues.
Trevor Dale, City resident, was opposed to rezoning open space to residential and cited
concerns regarding increased traffic.
Dave Solt, City resident, was opposed to the high density housing, the loss of open
space, and the proposed neighborhood taxation to save the open space. He suggested
the City raise fees to landscape the La Novia corner for all to enjoy.
Robert Schrank, City resident, felt open space should be maintained, the lease
agreement was unreasonable, and the project would set a precedent. He suggested the
property be developed as City -owned tennis courts.
Patricia Jones, City resident, read a petition in opposition to the project.
Phyllis Watson, City resident, opposed development of the land.
Lewis Capucho, City resident, felt the open space should be maintained.
Davis Goodman, City resident, supported maintaining the open space.
Evan Tchaikovsky, City resident, asked that open space be maintained.
In support of the Item E-2:
Dusty Otero, City resident, supported the project and encouraged a left -turn signal at an
adjacent corner.
CONSENT CALENDAR
Council Action: Moved by Council Member Hart, seconded by Mayor pro tem
Allevato, and carried unanimously, 5-0, to approve items 1 though 11 and 13 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF JANUARY 3, 2006, APPROVED
AS SUBMITTED.
3, ACCOUNTS PAYABLE WARRANTS DATED JANUARY 19, 2006, IN THE
AMOUNT OF $2,101,670.76; AND PAYROLL WARRANTS, DATED JANUARY
13, 2006, IN THE AMOUNT OF $257,650.51, RECEIVED AND FILED. (300.30)
3 2-7-2006
4. CASH BALANCES BY FUND - DECEMBER 2005 - RECEIVED AND FILED.
(330.50)
5. RESOLUTION NO. 06-02-07-01 ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ABANDONING A RECREATIONAL TRAIL EASEMENT WITHIN ASSESSOR'S
PARCEL NO. 121-070-64 (P.M. 2001-158, J. F. SHEA THERAPEUTIC RIDING
CENTER)" ADOPTED; THE MAYOR AND CITY CLERK AUTHORIZED TO
EXECUTE THE QUITCLAIM DEED; AND THE CITY CLERK DIRECTED TO
FORWARD THE QUITCLAIM DEED TO THE ORANGE COUNTY
RECORDER'S OFFICE. (AC 04-03/PM 2001-158)(APN 121-070-64)(670.50)
6. RESOLUTION NO. 06-02-07-02, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
GRANTING A SEWER LATERAL AND WATER LATERAL EASEMENT WITHIN
ASSESSOR'S PARCEL NO. 649-072-01 (CITY OF SAN JUAN CAPISTRANO/
J. F. SHEA THERAPEUTIC RIDING CENTER)" ADOPTED; THE MAYOR AND
CITY CLERK AUTHORIZED TO EXECUTE THE EASEMENT DEED; AND CITY
CLERK DIRECTED TO FORWARD THE DEED TO THE ORANGE COUNTY
RECORDER'S OFFICE. (AC 04-03)(APN 649-072-01)(670.50)
7. RESOLUTION NO. 06-02-07-03, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING A RECREATIONAL TRAIL EASEMENT WITHIN ASSESSOR'S
PARCEL NO. 121-070-64 (J. F. SHEA THERAPEUTIC RIDING CENTER)"
ADOPTED; AND THE CITY CLERK DIRECTED TO FORWARD THE
EASEMENT DEED TO THE ORANGE COUNTY RECORDER'S OFFICE. (AC
04-03) (APN 121-070-64)(670.50)
8. CLAIM OF GEOFF SUMICH DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY'S ADJUSTER, CARL WARREN &
COMPANY. (170.70)
9. REPORT OF INVESTMENTS, MONTH ENDING DECEMBER 31, 2005,
RECEIVED AND FILED; AND THE CITY CLERK DIRECTED TO FORWARD
THE REPORT OF INVESTMENTS TO THE CALIFORNIA DEBT AND
INVESTMENT ADVISORY COMMISSION. (350.30)
10. PERSONAL SERVICES AGREEMENT WITH MBF CONSULTING, INC., IN THE
AMOUNT OF $35,948, FOR ENGINEERING SERVICES FOR THE RANCHO
SIERRA VISTA STORM DRAIN REPLACEMENT PROJECT APPROVED. (CIP
NO. 412) (RANCHO SIERRA VISTA STABLES) (600.30)
4 2-7-2006
11. FINAL TRACT MAP NO. 16802 AND CORRESPONDING SUBDIVISION
AGREEMENT APPROVED BASED ON THE FINDING THAT THE FINAL MAP
IS IN CONFORMANCE WITH THE SUBDIVISION MAP ACT, THE TENTATIVE
TRACT MAP, AND THE CONDITIONS SET FORTH BY COUNCIL
RESOLUTION 05-06-07-02; CITY CLERK, CITY SURVEYOR AND CITY
ENGINEER AUTHORIZED TO EXECUTE THE FINAL MAP; THE MAYOR AND
CITY CLERK AUTHORIZED TO EXECUTE THE SUBDIVISION AGREEMENT;
AND CITY CLERK DIRECTED TO FORWARD THE MAP AND SUBDIVISION
AGREEMENT TO THE ORANGE COUNTY RECORDER. (420.40)
12. MEMORANDUM OF UNDERSTANDING APPROVED RECOGNIZING THE
FIESTA ASSOCIATION'S ROLE IN THE EVENTS ASSOCIATED WITH THE
2006 FIESTA DE LAS GOLONDRINAS CELEBRATION; RESOLUTION NO. 06-
02-07-04 ADOPTED APPROVING WAIVERS OF PERMIT FEES, USE OF CITY
FACILITIES, AND EXCEPTION FOR FIREARM DISCHARGE; AND A FEE
REDUCTION FOR THE LA PRESIDENTA BALL APPROVED. (600.30)
This item was pulled from the Consent Calendar to allow for public comment.
Public Comment:
Tacy Lees, President of the Fiesta Association, City resident, thanked the
Council for supporting the Fiesta Association and provided an overview of the
upcoming parade.
Council Action: Moved by Council Member Hart, seconded by Council
Member Bathgate and carried unanimously, 5-0, to approve the Memorandum of
Understanding between the San Juan Capistrano Fiesta Association and the City
of Sart Juan Capistrano, recognizing the Fiesta Association as lead agency in
planning, coordinating and conducting all official events associated with the 2006
Fiesta de las Golondrinas celebration; adopt Resolution No. 06-02-07-04,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A REQUEST FOR A WAIVER OF
CITY FEES TO THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION FOR
THE EVENTS ASSOCIATED WITH THE 2006 FIESTA DE LAS GOLONDRINAS
CELEBRATION, SWALLOWS DAY PARADE, JULY 4TH CELEBRATION; AND
GRANTING AN EXCEPTION TO THE CITY'S FIREARM DISCHARGE
REGULATIONS FOR HOOS'GOW DAY AND SWALLOWS PARADE DAY;" and
approve a 77% fee reduction for the La Presidenta Ball, subject to conditions, in
the amount of $995.
13. PROJECT UPDATE FOR THE TERMINAL RESERVOIR NO. 3 PROJECT
RECEIVED AND FILED. (CITY COUNCIL PRIORITY NO. 21) (CIP NO. 753)
(600.30)
2-7-2006
14. REQUEST FOR FEE REDUCTION AND USE OF THE SAN JUAN
CAPISTRANO SPORTS PARK AND COMMUNITY CENTER FOR ANTIQUE
CAR SHOW HELD ON FEBRUARY 4, 2006, APPROVED (CAPISTRANO
ANIMAL RESCUE EFFORT) (390.30)
Public Comment:
Phillip Schwartze, City resident, President of CARE, provided an overview of
funding received and anticipated this would be the last fee reduction request.
Council Comments:
Council Member Soto removed this item from the Consent Calendar in order to
vote against it. He noted that this event has benefited from fee reductions in the
past and CARE should be able to produce this event without financial support
from the City. Council Member Bathgate concurred.
Council Action:
Moved by Council Member Hart, seconded by Mayor pro tem Allevato, and
carried 3-2, with Council Member Soto and Council Member Bathgate opposed,
to approve the request by CARE for use of the San Juan Capistrano Sports Park
and Community Center for the 2006 CARE Antique Car Show, subject to
conditions; approve an 85.5% fee reduction in the amount of $880; and approve
the request by CARE to include a "Mayor's Trophy" in the amount not to exceed
$100.
ROLL CALL
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS:
PUBLIC HEARINGS
Allevato, Hart, and Mayor Swerdlin
Bathgate, Soto
None
RESOLUTION NO. 06-02-07-05 ADOPTED APPROVING CORRECTIONS TO
THE SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES
APPROVED JULY 5, 2005. (CITY COUNCIL PRIORITY NO. 12)(390.10)
_Description: A resolution to make minor corrections and implement a plan check
fee to a comprehensive schedule of fees and charges for City services previously
approved by the City Council on July 5, 2005. Staff recommended approval of
the resolution.
6 2-7-2006
Written Communications: Report dated February 7, 2006, by Cynthia Russell,
Administrative Services Director.
Presentation: Cynthia L. Russell, Administrative Services Director, summarized
the staff report.
Mayor Swerdlin opened the public hearing and there being no public testimony,
closed the public hearing.
Council Action: Moved by Council Member Soto, seconded by Council
Member Bathgate, and carried unanimously, 5-0 to adopt Resolution No. 06-02-
07-05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING FEES AND CHARGES
FOR CITY SERVICES."
2. CONSIDERATION OF GENERAL PLAN AMENDMENT (GPA) 03-02, REZONE
(RZ) 04-01, ENTITLEMENTS TO ESTABLISH GENERAL PLAN AND ZONING
DESIGNATIONS ON A 10.5 ACRE PARCEL FOR SENIOR HOUSING
DEVELOPMENT CONTINUED TO FEBRUARY 21, 2006. (APN 66-011-27)(SAN
JUAN GOLF, INC.) (440.251460.20)
Written Communications:
Letter from Chris and Patty Smith, City residents, opposed to the Golf Course
expansion.
Flyer from R. Schrank urging residents to oppose the project.
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Allevato and carried unanimously, 5-0, to continue the public hearing to the
next regularly scheduled City Council meeting on Tuesday, February 21, 2006.
3. TEMPORARY STREET CLOSURES FOR THE FIESTA DE LAS
GOLONDRINAS PARADE AND THE MERCADO APPROVED FOR
SATURDAY, MARCH 25, 2006; AND ISSUANCE OF A PARADE PERMIT TO
THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION APPROVED. (150.60)
Description: The San Juan Capistrano Fiesta Association submitted an
application for a parade permit and street closures for the Fiesta Del Las
Golondrinas Parade to be held on Saturday, March 25, 2006, and request for
street closures for the Mercado to be held on the same date from 8:00 a.m. to
5:30 p.m. Staff recommended approval of the request.
Written Communications: Report dated February 7, 2006, by Alan Oswald,
Senior Engineer/Traffic.
7 2-7-2006
Presentation: Nasser Abbaszadeh, Engineering and Building Director, reviewed
the staff recommendation.
Mayor Swerdlin opened the public hearing and there being no public testimony,
closed the public hearing.
Council Action: Moved by Council Member Bathgate, seconded by Council
Member Soto, and carried unanimously, 5-0, to approve the temporary street
closures for the Fiesta Del Las Golondrinas Parade and the Mercado (as shown
on Attachments 2 and 3) on Saturday, March 25, 2006; and approve the
issuance of a parade permit to the San Juan Capistrano Fiesta Association, per
the City Municipal Code, Section 5-11.05(b).
4. FIRST READING AND INTRODUCTION OF AN ORDINANCE REVISING
SPEED LIMITS ON CERTAIN CITY STREETS APPROVED. (420.30)
Description: Staff has completed the survey required by the California Vehicle
Code to be performed every seven years to justify the establishment and
enforcement of speed limits on selected streets. The survey report recommends
speed limit adjustments to certain streets within the City limits. Staff
recommended Council introduce and approve an ordinance revising speed limits
on certain streets.
Written Communications: Report dated February 7, 2006, by Alan Oswald,
Senior Engineer/Traffic.
Presentation: Nasser Abbaszadeh, Engineering and Building Director,
summarized the staff report.
Mayor Swerdlin opened the public hearing.
Public Testimony:
Erin Kutnick, City resident, opposed raising the speed limit on certain streets due
to safety concerns. She encouraged more enforcement as an alternative to
speed limit increases.
Liz Elliott, City resident, was concerned about a raised speed limit on Mission
Hills Drive for safety reasons and opposed the increase on Rancho Viejo Road
as it would increase difficulty accessing it from Mission Hills Drive. She also
complained about the car dealerships in Mission Viejo using her neighborhood as
a new car test-driving course. David Adams, City Manager, agreed to forward a
note to the car dealerships asking them to be careful when using the City's
streets.
Mayor Swerdlin closed the public hearing.
8 2-7-2006
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING PRIMA FACIE SPEED LIMITS AT VARIOUS LOCATIONS BY
AMENDING SECTION 4-6.501, ARTICLE 5, TITLE 4 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE."
Council Action: Moved by Mayor pro tem Alievato, seconded by Council
Member Soto, and carried unanimously, 5-0, to approve introduction and first
reading of an ordinance amending Title 4, Chapter 6: Traffic; Speed Limits
Established, revising speed limits on certain City streets.
RECESS AND RECONVENE
Council recessed at 8:34 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:35 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. CONSIDERATION OF AMENDING THE MUNICIPAL CODE RELATING TO
TESTING REQUIREMENTS FOR MASSAGE THERAPISTS CONTINUED TO
THE REGULAR MEETING OF FEBRUARY 21, 2006 (460.30)
Written Communication: Letter from Mark H. Cheung, Wu & Cheung Attorneys
at Law, representing Ortega Therapy Day Spa, citing concerns about the
proposed amendments.
Mayor Swerdlin continued this item to the regular meeting of February 21, 2006.
G2. PUBLIC WORKS DIRECTOR
a. PURCHASE OF CITY VEHICLES FROM VILLA FORD APPROVED. (370.30)
Description: In accordance with the vehicle replacement assessment that is
maintained by the Public Works Department, 6 vehicles have been identified for
replacement. Staff has analyzed the driving functions performed by the identified
vehicles and is recommending replacement with 4 Ford F-150 Trucks and 2 Ford
Escape Hybrid vehicles. The lowest of the 4 proposals received was from Villa
Ford of Orange. Staff recommended Council approve the purchases of 6
vehicles from Villa Ford.
Written Communications: Report dated February 7, 2006, from Kathleen
Springer, Management Analyst 11.
9 2-7-2006
Presentation: Amy Amirani, Public Works Director, reviewed the staff
recommendation.
Council Action: Moved by Council Member Soto, seconded by Mayor pro
tem Allevato, and carried unanimously, 5-0, to approve the purchases of four (4)
Ford F-150 Trucks and two (2) Ford Escape Hybrid vehicles from Villa Ford in
the amount of $134,345.32; and appropriate $58,551 from the AQMDIAB2766
Fund.
ORDINANCES - None
COUNCILMANIC ITEMS
1. CONSIDERATION OF BIANNUAL APPOINTMENTS TO CITY COMMISSIONS
AND COMMITTEES CONTINUED TO THE REGULAR MEETING OF
FEBRUARY 21, 2006. (110.20)
Mayor Swerdlin continued this item to the regular meeting of February 21, 2006.
ADJOURNMENT
There being no further business, Mayor Swerdlin adjourned the meeting at 8:41 p.m. to
Tuesday, February 21, 2006, 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,
R. MONAHAN, CITY CLERK
: March 7, 2006
ATTEST:
DAVID M. E DLIN, MAYOR
10 2-7-2006