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06-0221_CC_Minutes_Regular Meeting1 MINUTES FEBRUARY 21, 2006 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.$5): None Mayor Swerdlin called the regular meeting of the City Council of the City of San Juan Capistrano to order at 7:04 p.m. in the City Council Chamber. Council Member Soto led the Pledge of Allegiance and Council Member Allevato gave the invocation. 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; Nasser Abbaszadeh, Engineering & Building Director; Molly Bogh, Planning Director; Douglas Dumhart, Economic Development Manager; Bill Ramsey, Principal Planner; Richard Greenbauer, Associate Planner; Eileen White, Recording Secretary ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Bathgate reported recent attendance at a South Orange County Wastewater Finance meeting. Mayor pro tem Allevato encouraged residents to review the Draft Plan for Measure M, which is in the public comment phase. The final plan is expected on April 24, 2006. Mayor Swerdlin reported recent Vector Control Board activities related to West Nile Virus and the Bird Flu. He announced the Vector Control Vector of the Month is Mites of Medical Importance. NORTHWEST AREA STRATEGIES COMMITTEE REPORT Council Member Hart announced that the first meeting of the North West Strategies Committee will be held in early March. 2-21-2006 ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced upcoming communitywide events hosted by the Chamber of Commerce, the San Juan Capistrano Library, and events associated with the Fiesta de las Golondrinas. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS 1. FORMER HOUSING ADVISORY COMMITTEE MEMBER CLAUDE VINCENT RECOGNIZED. (610.40) Meg Monahan, City Clerk, recognized Claude Vincent for his contribution to the Housing Advisory Committee and Mayor Swerdlin presented Mr. Vincent with a plaque. 2. FORMER TRANSPORTATION COMMISSIONER BRIAN BEEMAN RECOGNIZED. (610.40) Meg Monahan, City Clerk, recognized Brian Beeman for his contribution to the Transportation Commission and Mayor Swerdlin presented Mr. Beeman with a plaque. 3. FORMER HOUSING ADVISORY COMMITTEE MEMBER DAVID NAHAS RECOGNIZED. (610.40) Meg Monahan, City Clerk, recognized David Nahas for his contribution to the Housing Advisory Committee and Mayor Swerdlin presented Mr. Nahas with a plaque. 4. DEPUTY PAT RICH RECOGNIZED WITH DEPUTY OF THE YEAR AWARD (610.40) Lt. Mike Betzler, Chief of Police Services, recognized Deputy Pat Rich as the 2005 San Juan Capistrano Deputy of the Year; and Mayor Swerdlin presented a special plaque with gratitude of the City Council. 5. COMMISSIONERS PRESENT AT MEETING INTRODUCED (110.10) Mayor pro tem Allevato introduced the following individuals in attendance: Joe Drey and Bob Cardoza, Planning Commission; Jill Hanna and Ilse Byrnes, Parks, Recreation and Equestrian Commission; Joann de Guevara and Marie Buckner, Housing Advisory Committee; Les Blair, Council Liaison to the San Juan Seniors; Phillip Schwartze, former Mayor. 2 2-21-2006 1 L 1 ORAL COMMUNICATIONS Je'net Krietner, Second Harvest Food Bank Special Coordinator, informed the community of the upcoming Second Harvest food drive scheduled for March and April. CONSENT CALENDAR Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Allevato, and carried unanimously, 5-0, to approve items 1, 2, 4, and 5 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF JANUARY 17, 2006 APPROVED AS SUBMITTED. 3. ACCOUNTS PAYABLE WARRANTS DATED FEBRUARY 2, 2006, IN THE AMOUNT OF $2,537,141.94; AND PAYROLL WARRANTS DATED JANUARY 27, 2006, IN THE AMOUNT OF $249,279.74, RECEIVED AND FILED: (300.30) This item was removed from the Consent Calendar to allow Council Member Bathgate to abstain. Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Allevato, and carried 4-0-1, with Council Member Bathgate abstaining, to receive and file Accounts Payable Warrants dated February 2, 2006, in the amount of $2,537,141.94; and Payroll Warrants dated January 27, 2006, in the amount of $249,279,74. ROLL CALL AYES: COUNCIL MEMBERS: Hart, Allevato, Soto, Mayor Swerdlin NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS Bathgate 4. CLAIM OF DANIEL CARRILLO DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL WARREN & COMPANY. (170.70) 3 2-21-2006 5. RESOLUTION NO. 06-02-21-01, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING THE WORK COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE AVENIDA PLACIDA LANDSLIDE DEBRIS REMOVAL (EARTH CONSTRUCTION AND MINING)," ADOPTED; THE CITY CLERK DIRECTED TO PROCESS RECORDING OF THE NOTICE OF COMPLETION; AND STAFF AUTHORIZED TO RELEASE THE RETENTION 35 DAYS AFTER RECORDATION. (600.30) 6. RESOLUTION NO. 06-02-21-02 ADOPTED ACCEPTING NINE RECREATIONAL TRAIL EASEMENTS WITHIN THE PRIVATE PORTION OF AVENIDA EVITA (670.50) This item was removed from the Consent Calendar to allow public comment. Description: Residents on and adjacent to Avenida Evita requested the City improve the existing trail easements. After review and extensive discussion with the residents, the Parks, Recreation, and Equestrian Commission recommended that equestrians use the private roadway, which would require obtaining new easements from the twelve property owners. The City has obtained easements from nine of the twelve property owners. The abandonment of the existing trail easements will be considered in a separate action. Staff recommended Council accept the nine easements. Written Communications: Report dated February 21, 2006, by R. Anthony Foster, Engineering Assistant/Trail Coordinator. Letter dated February 21, 2006, from Jim and Sue Stebbins, City residents, in support of the proposed easements. Presentation: Nasser Abbaszadeh, Engineering and Building Director, summarized the staff report. Public Comment: Jim Stebbins, City resident, said he agreed to the easement with the understanding that another easement would be abandoned. Greg Howit, City resident, was concerned about easement access and safety. He will contact Nasser Abbaszadeh, Engineering and Building Director, for further review of the subject area. 4 2-21-2006 Council Action: Moved by Council Member Hart, seconded by Council Member Soto, and carried unanimously, 5-0, to adopt Resolution No. 06-02-21- 02, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING THE RECREATIONAL TRAIL EASEMENTS WITHIN THE PRIVATE ROADWAY KNOW AS AVENIDA EVITA WITHIN ASSESSOR'S PARCELS 649-091-24, 25, 27, 28, 32, 33, 34, 35 AND 36 (HUSTON, BOYD, FEARS, LIND, ESSLINGER, AMAN, STEBBINS, TRIMBLE, AND FRANCIK RESPECTFULLY);" and the City Clerk directed to forward the easements to the Orange County Recorder. 7. RESOLUTION OF THE ISSUE RELATED TO LONG TERM MAINTENANCE OF THE SOUTHWESTERLY ROAD FOR SUBDIVISION TENTATIVE TRACT 16146, SCALZO SUBDIVISION, CONTINUED FOR UP TO 120 DAYS. (420.40) This item was removed from the Consent Calendar to allow Council Member Soto to abstain. Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Allevato, and carried 4-0-1, with Council Member Soto abstaining, to continue the issue of the resolution of long term maintenance of the southwesterly road for Subdivision Tentative Tract 16146 for a period of up to 120 days. ROLL CALL AYES: COUNCIL MEMBERS: Hart, Allevato, Bathgate, Mayor Swerdlin NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Soto PUBLIC HEARINGS 1. RESOLUTION NO. 06-02-21-04 ADOPTED APPROVING TENTATIVE TRACT MAP 05-230 BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS SET FORTH THEREIN, AND FINDING THE PROJECT EXEMPT FROM ENVIRONMENTAL REVIEW. (APN 121-254-37)(PACIFIC CASTLE) (420.70) Description: OKO Engineering requested approval to subdivide an existing 4 - acre parcel within a developed shopping center to create two parcels. Staff has determined the subdivision meets all applicable regulations and requirements. Staff recommended Council adopt a resolution approving the subdivision and finding the project exempt from environmental review. 2-21-2006 Written Communications: Report dated February 21, 2006, by Molly Bogh, Planning Director. Presentation: Molly Bogh, Planning 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 Hart, seconded by Council Member Soto, and carried unanimously, 5-0, to adopt Resolution No. 06-02-21- 04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP TO CREATE 2 LOTS ON 4 ACRES LOCATED WEST OF DOHENY PARK ROAD 650 FEET NORTH OF VICTORIA BOULEVARD (ASSESSOR'S PARCEL NUMBER 121-254-26, 37) (TPM 05-230) (PACIFIC CASTLE INTERNATIONAL, INC)." 2. RESOLUTION NO. 06-0221-03 ADOPTED, ADOPTING A MITIGATED NEGATIVE DECLARATION (MND) AND APPROVING GENERAL PLAN AMENDMENT (GPA) 03-02 RE -DESIGNATING THE 10.5 ACRE PROJECT SITE FROM "OSR" (OPEN SPACE RECREATION) TO "PC" (PLANNED COMMUNITY); FIRST READING AND INTRODUCTION OF ORDINANCE REZONING 10.5 ACRES WITH MAXIMUM DENSITY OF 18.0 DWELLING UNITS PER ACRE INCLUDING 3.0 DWELLING UNITS AFFORDABLE APPROVED; AND STAFF DIRECTED TO NEGOTIATE A DEVELOPMENT AGREEMENT. (APN 66-011-27) (SAN JUAN GOLF, INC.) (440.251460.20) Description: Capistrano Valley Golf L.P. submitted a request for approval of a General Plan Amendment to designate 10.5 acres of the existing golf course from OSR (Open Space Recreation) to PC (Planned Community) to allow a senior housing project. The applicant proposes to relocate a portion of the existing golf course to a leased 2.5 acre City owned open space parcel, relocate the existing driving range to a portion of the existing golf course, and develop senior housing on the current driving range site. The site is currently designated and zoned for Open Space Recreation, and is currently developed as the driving range for the San Juan Hills Golf Course. This item was introduced at the City Council's December 6 meeting, and continued to the January 21, February 7, and February 21 meetings. Based on the Keyser -Marston Associates (KMA) Pro - forma analysis, staff has concluded that the maximum density of 18 du/ac, of which 3 du/ac are designated as affordable units, is an appropriate level of density for the site. With Council direction, staff will draft a Development Agreement to guarantee performance on the part of the applicant and address substantive issues identified by staff. Staff recommended Council adopt a resolution approving a Mitigated Negative Declaration (MND) and approving the General Plan Amendment; and adopt an ordinance amending the Official Zoning Map. 6 2-21-2006 Written Communications: Report dated February 21, 2006, by William Ramsey, Principal Planner. Letter dated February 6, 2006, from Warren G. Michaelis, City resident, opposed to the project due to increased traffic. Letter dated February 20, 2006, from Mark Nielson, City resident, urged the Council to deny the project due to the unfavorable finance terms, proposed density of the senior housing, flaws in the Pro -forma analysis, loss of open space, setting of precedent for future development, environmental impacts, lack of need for senior housing, and incompatibility with provisions in the General Plan. Email dated February 10, 2006, from Robert Schrank, City resident, suggesting certain Council Members recuse themselves from considering this agenda item. Email dated February 13, 2006, from John Bates, City resident, opposed due to loss of open space, increased traffic, and increased noise, dirt, and exhaust fumes. Email dated February 13, 2006, from Anthony and Jeanette Dugan, City residents, opposed due to loss of open space. Email dated February 13, 2006, from Sally Masters, City resident, opposed due to increased traffic. Email dated February 13, 2006, from Cynthia Kane, City resident, opposed due to loss of open space. Email dated February 13, 2006, from Harri and Erika Klatt, City residents, opposed due to loss of open space. Email dated February 13, 2006, from Brenda M. Frame, City resident, opposed due to loss of open space and inappropriate traffic for existing roads. Email dated February 13, 2006, from Christina Bertok, City resident, opposed the proposed senior housing and suggested additional amenities for the young instead. Email dated February 13, 2006, from Maryann Tucker, City resident, opposed due to loss of view vistas, loss of the rural feel of the road, and increased traffic. Email dated February 13, 2006, from John & Patricia Wllker, City residents, urging Council to retain the open space. 7 2-21-2006 Emails dated February 14, 2006, and February 16, 2006, from Kim Lefner, City resident, opposed due to the loss of open space, increased traffic, and setting precedent for future open space rezoning. Email dated February 14, 2006, unsigned, opposed due to loss of open space. Email dated February 14, 2006, from Lisa Laureano, City resident, opposed due to loss of open space and loss of rural character of City. Email dated February 14, 2006, from Sue Stuart, City resident, opposed due to loss of open space for the swallows to return to. Email dated February 14, 2006, from Sharon Dunn, City resident, opposed due to loss of open space, the City's rural feel, and the view corridor. Email dated February 16, 2006, from Yvonne Tschaikowsky, City resident, opposed to the project due to traffic congestion and loss of open space. Email dated February 16, 2006, from Janette Bonanni, opposed to the project due to increased traffic and loss of open space. Email dated February 16, 2006, from Carol Heim, City resident, opposed due to traffic impacts. Email dated February 16, 2006, from Gayle Larsson, City resident, opposed to preserve the open space and rural feeling of the City. Email dated February 16, 2006, from Ronni Whitman, City resident, opposed due to the loss of open space, rural feel, and view corridor. Email dated February 16, 2006, from Marion Costello, City resident, opposed due to the loss of open space. Email dated February 16, 2006, from Thomas McDonald, City resident, opposed due to loss of open space and incompatibility with the City's Five Year Plan. Email dated February 21, 2006, from Charles Rathfon, City resident, supported the project to improve landscaping along the San Juan Creek corridor. Email dated February 21, 2006, from Christopher Luehe, City resident, opposed due to the loss of open space. Email dated February 21, 2006, from Bruce Guarino, City resident, opposed the rezone of open space to help private business finance improvements, loss of open space, and loss of rural feel of the City. 8 2-21-2006 Email dated February 21, 2006, from Jerry and Susan Clarke, City residents, opposed due to loss of open space, rural feel, and view corridor. Email dated February 21, 2006, from Jeff Eginton, City resident, opposed to keep the open space for citizen use and enjoyment. Email dated February 21, 2006, from Dr. and Mrs. Shigeru Chino, City residents, opposed due to the rezoning due to increased traffic, loss of open space, and loss of rural character. Email dated February 21, 2006, from Michael Trebing, City resident, opposed due to increased traffic, reduction of open space, and loss of rural feel. Email dated February 21, 2006, from G. A. Rogers, City resident, opposed due to the increased traffic and loss of open space. A Petition, entitled "Petition to Stop the Golf Course Project" with over 1,000 (unverified) signatures. Presentation: William Ramsey, Principal Planner, reviewed the staff recommendation. Roberto Brutocao, representing the applicant, narrated a PowerPoint presentation. Mayor Swerdlin opened the public hearing. Public Testimony: Don Walz, City resident, supported the project's affordable housing component. Trevor Dale, City resident, opposed the projects due to the rezone of open space area, high density, and stronger need for family affordable housing. Elisabeth Hummel, City resident, opposed the project. Yvonne Tschaikowsky, City resident, opposed to the rezone and converting the driving range into high density residential housing. Patricia John, City resident, opposed the project financing method and loss of open space. Larry Gilbert, Mission Viejo resident, supported the affordable housing proposal. 9 2-21-2006 Bertha Henry Taylor, City resident representing the residents at Chateau San Juan, asked for a 200 -foot buffer between the project and their facility. Tom Costello, City resident, felt is was inappropriate for city involvement in the financing of high density housing and the open space should not be used for this purpose. Sue Stuart, City resident, opposed the project due to the potential loss of wildlife. Robert Schrank, City resident, was opposed to the project due to loss of open space and increased traffic. Carol Heim, City resident, was concerned about traffic, potential flooding, and loss of open space. David Solt, City resident, was concerned with errant golf balls and potential installation of poles and nets. Shelagh Hegarty, City resident, opposed the project and use of open space. Bob Ryan, City resident, representing the San Juan Hills East Block 7 Home Owner's Association, opposed the project due to the loss of open space, the lease agreement, and plans for the south side of San Juan Creek Road. Doug Robinett, City resident, opposed the project and felt the open space portion was not properly valued. Hard & Erika Klatt, City resident, opposed the rezone. Larry Fogt, City resident, supported the project and felt the owner is sincere in efforts to improve the area. Gary S. Meredith, Laguna Beach resident, supported saving the open space as it is habitat for many birds. Briand Parenteu, City resident, wanted more youth facilities, tennis courts and felt multi-level housing for seniors would not work. Mike Johnson, City resident, was opposed to the project financing, private use of public open space and suggested it be determined on a public vote. This project could set precedent and allow stables to be converted to condos. Rich Wheatfill, City resident, opposed the project and loss of open space. Dusty Otero, City resident, supported the project and felt it would be a visual improvement over the existing land. 10 2-21-2006 Cecilia Holden, City resident, felt the project would be an improvement for the area. Heather Davis, City resident, was opposed the rezone and use of open space. Marion Costello, City resident, was in opposition to the project. Dan Endsley, City resident, opposed the use of open space and felt the city should do a better job of maintaining the area. Tom Hribar, City resident, opposed the development adjacent to the creek due to blocked views and excessive height. Dave Robinson, City resident, President of Vista Verde Estates Home Owners Association, supported the project and development of senior housing. Jowan Mothershead, City resident, was concerned about errant golf balls and felt there should be more facilities for children, such as a pool and tennis courts. Lou Machos, City resident, was opposed to the project, loss of open space, and felt officials should be more consistent. Armando Sotello, City resident, supported the project and felt it was visually pleasing. Mary Hayes, City resident, felt the development enhanced view and improved open space. Connie Kuhlmann, City resident, supported the project, improved views and senior housing. Vivian Day, City resident, was concerned with potential traffic and toxic air hazards that could impact residents of the adjacent Chateau San Juan. Mayor Swerdlin closed the public hearing. Council Member Comments: Council Member Soto supported the proposal; suggested expansion of the passive park use at the north east corner; and expressed concerns regarding the housing density and blockage of view corridor. He supported the development agreement issues proposed by staff and suggested a mix of one- and two story elements, with the two story elements backed up to the creek. Council Member Bathgate opposed the project due to the loss of view shed, exchange of land zoned for open space recreational purposes into high density 11 2-21-2006 housing; and the proposed affordable senior housing did not provide a compelling reason to lease city owned open space to the developer. She recommended completion of recreation needs assessment to assist in planning recreation amenities on city owned open space. She felt the community had a greater need for multi -family affordable housing than the proposed senior affordable housing. She suggested the applicant be required to purchase or arrange for a land swap of 10.5 acres of open space elsewhere in the City to compensate for the loss of open space in the golf course. The money for open space should be charged above and beyond the fees charged to the applicant to compensate for the project impacts. Council Member Hart felt there were compelling reasons to support the project, including the horse trails connections, parking improvements, enhancement of San Juan Creek Road, and strong need for senior housing. More mitigation is required for the project, and he agreed to the expansion of the passive park area on the north east corner. He supported all the development agreement issues recommended by staff. Mayor pro tem Allevato opposed the project due to lack of compatibility with the adjacent housing; impracticality of multi-level housing for seniors; negative impact on the view corridor; precedent -setting issues related to development of open space; and negative impact on traffic congestion. He agreed that a recreational needs assessment was warranted and suggested the City take responsibility for the north east corner lot and the horse trails improvements. Concerning the development agreement issues recommended by staff, he prefers free market regulation of greens fees. He supported Council Member Bathgate's suggestion that the applicant compensate the loss of open space with a land swap or purchase of open space elsewhere in the City, and suggested additional funds be set aside by the applicant for this purpose. Mayor Swerdlin supported the project as improvement of the golf course will allow it to remain competitive and provide a benefit to the community. The proposed housing provides a means for the owner to continue to provide reasonable green fees to the public. He supported the passive park use expansion of the north east corner. With regard to the Development Agreement issues identified in the staff report, he did not support capping the green fees. He suggested a development mix of one- and two-story elements within the housing portion; and did not support establishing a conservation easement over the remainder of the golf course due to tax incentive issues. Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING REZONE 04-01, AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR A 10.5 ACRE PARCEL LOCATED ALONG THE NORTH SIDE OF SAN JUAN CREEK ROAD AND EAST OF CHATEAU SAN JUAN FROM THE "OSR" (OPEN SPACE RECREATION) TO THE "PC" (PLANNED 12 2-21-2006 1 1 1 COMMUNITY) ZONE DISTRICT (ASSESSOR PARCEL NUMBER 666-011-27) (CAPISTRANO VALLEY GOLF, LP)." Council Action: Moved by Council Member Hart, seconded by Council Member Soto and carried 3-2, with Council Member Bathgate and Mayor pro tem Allevato against to adopt Resolution No. 06-02-21-03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (MND) AND APPROVING A GENERAL PLAN AMENDMENT (GPA) FOR A 10.5 ACRE PARCEL LOCATED ALONG THE NORTH SIDE OF SAN JUAN CREEK ROAD AND EAST OF CHATEAU SAN JUAN (ASSESSOR PARCEL NUMBER 666- 011-27) (CAPISTRANO VALLEY GOLF, LP);" approve first reading and introduction of an ordinance rezoning 10.5 acres from OSR to PC; and direct staff to negotiate a development agreement with the applicant addressing the following issues 1) residential density not to exceed 18 du/ac, with no less than 3 du/ac designated as affordable units (including 2 for low- and 1 for moderate - income households); 2) include the lease agreement for the city -owned parcel in the development agreement with a provision for the lease rate to increase based on annual Consumer Price Index (CPI); 3) a requirement that the golf course remain open to the general public; 4) design for senior housing project to include one- and two-story buildings with height not to exceed 35 -feet and lower -profile buildings place adjacent to San Juan Creek Road; 5) provision for use of a portion of the City -owned parcel as a publicly -accessible landscaped passive park designed to wrap around the corner; 6) developer to provide funding for landscaping on the northeast corner of La Novia and San Juan Creek Road on the city -owned parcel; and 7) extension of trail improvements off-site along San Juan Creek Road to the west of the project site, along with the provision of a trail crossing over San Juan Creek Road to provide a trail connection to the south. ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: RECESS AND RECONVENE Hart, Soto, Mayor Swerdlin Allevato, Bathgate None Council recessed at 11:22 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 11:23 p.m. 13 2-21-2006 ADMINISTRATIVE ITEMS G1. ADMINISTRATIVE SERVICES DIRECTOR a. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO TESTING REQUIREMENTS FOR MASSAGE THERAPISTS (460.30) Description: In August 2005, an ordinance was adopting amending the municipal code concerning the regulation of massage therapy to require National Certification testing. At Council's direction, staff researched alternate testing procedures and is recommending a second testing option. Applicants for licenses may choose to take the National Certification Examination or a local City Standardized Massage Therapist Test. The local test will be a fair and comparable testing option for massage applicants who choose not to take the National Certification Examination. Staff recommended first reading and introduction of an ordinance amending the Municipal Code relating to testing requirements for massage therapists. Written Communications: Report dated February 21, 2006, by Diane Regier, Management Analyst I. Presentation: Cynthia L. Russell, Administrative Services Director, reviewed the - staff report. Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 5-24.17 OF CHAPTER 24 "REGULATION OF MASSAGE THERAPY," RELATING TO TESTING REQUIREMENTS FOR MASSAGE THERAPISTS." Council Action: Moved by Council Member Soto, seconded by Council Member Hart, and carried unanimously, 5-0, to approve first reading and introduction of an ordinance amending the municipal code relating to testing requirements for massage therapists. G2. PLANNING DIRECTOR a. CONSIDERATION OF APPEAL OF THE PLANNING DIRECTOR'S DETERMINATION TO REQUIRE A GRADING PLAN MODIFICATION (GPM) FOR WATERMAN RESIDENCE AT 31122 SANTA MARGARITA PLACE CONTINUED TO MARCH 7, 2006. (TRACT 9382, LOT 16)(APN 650-191-15) (410.50) 14 2-21-2006 Description: Resident Randall Waterman submitted plans to the building department for rear yard improvements and to construct tiered retaining walls and modify the existing grade in order to support additional yard area for an existing single-family residence located at 31122 Santa Margarita Place. The Planning Director determined that Mr. Waterman's proposal did not comply with SJCMC Section 9-2.323(f) (3), and required that a Grading Plan Modification (GPM) be submitted for review and approval. Mr. Waterman filed an appeal of the Planning Director's action to require a Grading Permit Modification (GPM). Staff recommended Council adopt the resolution denying the appeal and uphold the Planning Director's determination to require a GPM for the subject project. Written Communications: Report dated February 21, 2006, by Richard Greenbauer, Associate Planner. Presentation: Richard Greenbauer, Associate Planner, reviewed the staff recommendation. Randall Waterman, the applicant, was not present. Council Action: Moved by Council Member Hart, seconded by Mayor pro tem Allevato, and carried unanimously, 5-0, to continue consideration of Mr. Waterman's appeal of the Planning Director's decision to the March 7, 2006, meeting. ORDINANCES 1. ORDINANCE NO. 911 AMENDING THE MUNICIPAL CODE TO REVISE SPEED LIMITS ON CERTAIN CITY STREETS ADOPTED. (420.30) Description: A seconded reading and adoption of the ordinance which establishes speed limits on City streets and includes revisions to speed limits on certain City streets. Written Communication: Report dated February 21, 2006, 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, 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 Council Member Soto, seconded by Mayor pro tem Ailevato, and carried unanimously, 5-0 to approve second reading and adoption of the ordinance amending the municipal code to revise speed limits on certain City streets. 15 2-21-2006 COUNCILMANIC ITEMS 1. BIANNUAL APPOINTMENTS TO CITY COMMISSIONS AND COMMITTEES APPROVED; AND INITIATION OF ANNUAL PERFORMANCE REVIEWS FOR ALL THOSE APPOINTED, APPROVED. (110.20) Description: The Mayor's subcommittee, consisting of Mayor pro tem Allevato and Council Member Bathgate, reviewed applications, conducted interviews, and made recommendations for the bi-annual appointments to the City Commissions and Committees. Written Communications: Report dated February 21, 2006, by Meg Monahan, City Clerk. Memo dated February 21, 2006, by Mayor pro tem Allevato and Council Member Bathgate. Presentations: Mayor pro tem Allevato summarized the staff report. Council Member Bathgate announced the subcommittee recommendations. Council Action: Moved by Council Member Hart, seconded by Council Member Soto, and carried 4-1, with Mayor Swerdlin against, to appoint the following to the Cultural Heritage Commission, with terms ending January 31, 2008. Cultural Heritage Commission David Lee Belardes Jess Anne Andrews Thomas A "Tony" Forster Lorie C. Porter Ed Nunez Janet Siegel Don Tryon ROLL CALL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS Hart, Allevato, Bathgate, Soto Mayor Swerdlin None 16 2-21-2006 1 Mayor Swerdlin voted against the appointments because Angela Duzich was not reappointed. Council Action: Moved by Council Member Hart, seconded by Council Member Soto, and carried unanimously 5-0, to appoint the following to the Design Review Committee, with terms ending January 31, 2008. Design Review Committee Jeff R. Parkhurst (2) Planning Commissioners (appointed by Planning Commission) Council Action: Moved by Council Member Soto, seconded by Council Member Hart, and carried unanimously 5-0, to appoint the following to the Housing Advisory Committee, with terms ending January 31, 2008. Housing Advisory Committee Marie M. Buckner Joanne M. Marquez Mary -Ann Groover -- (mobile home park community member) Joann de Guevara -- (neighborhood preservation member) Planning Commission Representative (Appointed by the Planning Commission) The subcommittee recommended streamlining the committee to five members and a resolution will be returned for separate action by council. Council Action: Moved by Council Member Soto, seconded by Council Member Hart, and carried unanimously 5-0, to appoint the following to the Parks, Recreation, and Equestrian Commission, with terms ending January 31, 2008. Parks, Recreation and Equestrian Commission Gail V. Zukow Ilse M. Byrnes Roger Jackson Evans, III Jill Helen Hanna Kathy Lynne Hooper Council Action: Moved by Council Member Soto, seconded by Council Member Hart, and carried unanimously 5-0, to appoint the following to the Planning Commission, with terms ending January 31, 2008. 17 2-21-2006 Planning Commission Sheldon Cohen Timothy S. Neely Gene Elizabeth Ratcliffe Joseph L. Drey Robert R. Cardoza Council Action: Moved by Council Member Soto, seconded by Council Member Hart, and carried 4-1, with Mayor Swerdlin against, to appoint the following to the Transportation Commission, with terms ending January 31, 2008. Transportation Commission Erin T. Kutnick Tony Soto Roberto G. Brutocao Kenneth Alva Ficklin Charles Lange ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Hart, Allevato, Bathgate, Soto Mayor Swerdlin None Mayor Swerdlin voted against the appointments because Morton Smith was not reappointed. Council Action: Moved by Council Member Soto, seconded by Council Member Hart, and carried unanimously 5-0, to appoint the following to the Water Advisory Commission, with terms ending January 31, 2008. Water Advisory Commission Malcolm Lee Goode Fredric John Zepp Thomas Russell Lytle Alan J. Freisleben Dan Merkle 18 2-21-2006 2. SAM ALLEVATO APPOINTED TO SERVE AS THE CITY COUNCIL'S ALTERNATE BOARD MEMBER REPRESENTATIVE TO THE TRANSPORTATION CORRIDOR AGENCIES (610.60) Description: In order to serve as the Council's representative at an upcoming meeting concerning the 241 Toll Road Extension that the current alternatives are unable to attend, the representative must be officially appointed by a majority vote of the Council. Staff recommended Mayor pro tem Allevato be appointed to serve as the City Council's Alternate Board Member Representative to the Transportation Corridor Agencies. Written Communications: Report dated February 21, 2006, by Meg Monahan, City Clerk. Council Action: Moved by Mayor Swerdlin, seconded by Council Member Soto and carried unanimously, 5-0, to appoint Mayor pro tem Allevato to serve as the City Council's Alternate Board Member Representative to the Transportation Corridor Agencies. ADJOURNMENT There being no further business, Mayor Swerdlin adjourned the meeting at 11:40 p.m. to Tuesday, March 7, 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, MA G ET R. MONAHAN, CITY CLERK : March 21, 2006 ATTEST: DAVID M. SffWLIN, M - -OR 1 19 2-21-2006