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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. 8-2-2005 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) 2 8-2-2005 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. 3 8-2-2005 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. 4 8-2-2005 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. 5 8-2-2005 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: 6 8-2-2005