Loading...
07-0904_CC_Minutes_Regular Meeting9-4-2007 1 MINUTES SEPTEMBER 4, 2007 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION Mayor Allevato called the Closed Session of the City Council of the City of San Juan Capistrano to order at 5:32 p.m. in the City Council Chamber. ROLL CALL COUNCIL MEMBERS PRESENT: Tom Hribar, Dr. Londres Uso, Mark Nielsen, Mayor pro tem Joe Soto, and Mayor Sam Allevato COUNCIL MEMBERS ABSENT: None STAFF PRESENT: Dave Adams, City Manager; Cynthia L. Russell, Assistant City Manager; Lois Bobak, Deputy City Attorney; Omar Sandoval; Deputy City Attorney; Nasser Abbaszadeh, Engineering & Building Director; Steven A. Apple, Planning Director; and Meg Monahan, City Clerk. CLOSED SESSION (610.85) A Closed Session was held for the following purposes, as authorized by statute: 1. Pursuant to Government Code section 54956.9, the City Council conferred with its legal counsel regarding the status of the claim of San Juan Hills, LLC 2. Pursuant to Government Code Section 54956.9, the City Council conferred with its legal counsel regarding the status of Scalzo Trust v. City of San Juan Capistrano. (Mayor pro tem Soto abstained from this discussion) Mayor Allevato invited the public to provide comment. There was no public comment and the meeting was moved to Closed Session chambers. RECESS UNTIL 7:00 P.M. BUSINESS SESSION Mayor Allevato reconvened the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 7:03 p.m. in the City Council Chamber. Council Member Hribar led the Pledge of Allegiance and Mayor pro tem Soto gave the invocation. 9-4-2007 2 ROLL CALL COUNCIL MEMBERS PRESENT: Tom Hribar, Dr. Londres Uso, Mark Nielsen, Mayor pro tem Joe Soto, and Mayor Sam Allevato COUNCIL MEMBERS ABSENT: None STAFF PRESENT: Dave Adams, City Manager; Omar Sandoval, Deputy City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell, Assistant City Manager; Nasser Abbaszadeh, Engineering & Building Director; Steve Apple, Planning Director; Karen Crocker, Community Services Director; Lt. Mike Betzler, Chief of Police Services; Grant Taylor, Assistant Planning Director; Ziad Mazboudi, Senior Civil Engineer; Sam Shoucair, Senior Engineer; Douglas Dumhart, Economic Development Manager; and Eileen White, Recording Secretary ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Nielsen reported his return from vacation and a meeting with staff. Council Member Hribar reported attending meetings with staff and constituents; the press conference kick-off of the Book Drive for Marine Battalion 1/11 families; a South Orange County Wastewater Authority meeting; and a San Juan Summer Nites concert. Council Member Uso reported attending a meeting of the Chamber of Commerce, Economic Development Committee. He volunteered to be the Council liaison to the committee. He also attended discussions regarding a proposed desalination plant in Dana Point and staff discussions regarding development of neighborhood dog parks. Mayor pro tem Soto reported attending a Water Advisory Commission meeting which included a presentation on a proposed Dana Point desalination plant. He suggested the presentation be made to the Council. He also attended a concert at the Mission. Mayor Allevato reported attending Orange County Transportation Authority meetings, a Transportation Corridors meeting, and the joint meeting with the Planning Commission and Design Review Committee to discuss the Vaquero West Building remodel. OPEN SPACE COMMITTEE REPORT Council Member Nielsen reported that the September 10, 2007, Open Space Committee was canceled, with the next meeting scheduled for the first Monday in October. The next meeting will feature an Open Space Plan Update, results of the Recreation Needs Assessment, and Financial Subcommittee report. 9-4-2007 3 ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced the following upcoming communitywide events: a multicultural art series; Chamber networking events; the Boys & Girls Club of Capistrano Valley annual benefit; the annual Historical Society barbeque; a Capistrano Center for the Performing Arts annual event; a Mission San Juan Capistrano gala concert; the J. F. Shea Therapeutic Riding Center annual barbeque; the annual Creek Cleanup; a San Juan Summer Nites concert; and an electronic waste collection. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS 1. LONG TERM EMPLOYEE SAM SHOUCAIR RECOGNIZED. (730.90) Nasser Abbaszadeh, Engineering and Building Director, recognized Sam Shoucair, Senior Engineer, for 15 years of service to the City; and Mayor Allevato presented him with a Certificate of Recognition. 2. MAJOR SPONSORS OF THE 2007 4TH OF JULY CELEBRATION, MEDIX AMBULANCE SERVICE, MAMMOTH EQUITIES AND FLUIDMASTERS, INC., RECOGNIZED.(610.40) Karen Crocker, Community Services Director, recognized Medix Ambulance Service, Mammoth Equities, and Fluidmasters, Inc. for sponsorship in the 2007 4th of July Celebration; and Mayor Allevato presented them with plaques recognizing their contributions. 3. SEPTEMBER 15, 2007, PROCLAIMED AS INNER-COASTAL WATERSHED CLEANUP DAY (610.40) Ziad Mazboudi, Senior Civil Engineer, announced upcoming community environmental events. Mayor Allevato presented a proclamation to Ziad Mazboudi, Site Captain, designating September 15, 2007, as Inner-Coastal Watershed Cleanup Day. 4. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10) Mayor pro tem Soto introduced the following individuals in attendance: Laura Freese, Housing Advisory Committee; Erin Kutnick, Transportation Commission; Les Blair, Council Liaison to the San Juan Seniors; and Robert Cardoza, Planning Commissioner. ORAL COMMUNICATIONS Don Vanderlain, City resident, expressed concern that the approved Belladonna project has not progressed. The project was to include a retaining wall to stabilize a slope 9-4-2007 4 adjacent to his property, which may become unstable if there are heavy rains this winter. Mayor Allevato announced this item had been discussed during closed session and parties were moving forward toward resolution. Joan Irvine Smith, City resident, announced that her attorneys were nearing completion of comments to the Caltrans Ortega Widening environmental processing. She sought assurances that the Council would be filing a response with Caltrans as well. Dave Adams, City Manager, reported that the City’s counsel would also be filing comments and the document would be available to the public after filing. Erin Kutnick, City resident, announced the successful opening of the new San Juan Hills High School, attended by the freshman class. She thanked Dave Adams, City Manager and Lt. Mike Betzler, Chief of Police Services, for their involvement in the opening day ceremonies. CONSENT CALENDAR Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem Soto, and carried unanimously, 5-0, to approve items 1 and 3 through 7 as recommended by staff. 1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 7, 2007, APPROVED WITH REVISION. This item was removed from the Consent Calendar by Mayor pro tem Soto for revision. Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem Soto, and carried unanimously, 5-0 to approve Minutes of the Regular City Council meeting of August 7, 2007, with the following revision: Consent Calendar item 11, motion to read “Moved by Mayor pro tem Soto, seconded by Mayor pro tem Soto Council Member Uso…” 3. MINUTES OF THE ADJOURNED REGULAR MEETING OF AUGUST 13, 2007, APPROVED. 4. ACCOUNTS PAYABLE WARRANTS, DATED AUGUST 16, 2007, IN THE AMOUNT OF $1,335,258.13; AND PAYROLL WARRANTS, DATED AUGUST 24, 2007, IN THE AMOUNT OF $306,335.07, RECEIVED AND FILED. (300.30) 5. CASH BALANCES BY FUND – MONTH ENDING JUNE 30, 2007, RECEIVED AND FILED. (330.50) 9-4-2007 5 6. NEW DEVELOPMENT APPLICATIONS STATUS REPORT – MONTH ENDING AUGUST 15, 2007, RECEIVED AND FILED. (440.10) 7. CLAIM AGAINST THE CITY BY PATRICK MICKLE DENIED BASED UPON THE INVESTIGATION AND RECOMMENDATION OF THE CITY’S INSURANCE ADJUSTER, CARL WARREN & ASSOCIATES. (170.10) 8. RESOLUTION NO. 07-09-04-01 ADOPTED CONCERNING PUBLIC NOTIFICATION POLICIES. CITY COUNCIL PRIORITY 18B (150.10) This item was removed from the Consent Calendar by Council Member Hribar in order to oppose the resolution because of the requirement that small projects necessitate City-wide notification and associated costs for the applicants. Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem Soto, and carried 4-1, with Council Member Hribar against, to adopt Resolution No. 07-09-04-01, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A PUBLIC NOTIFICATION POLICY FOR DEVELOPMENT PROJECTS SUBJECT TO PUBLIC HEARING NOTICING AND A PROJECT INFORMATION SITE SIGNAGE POLICY FOR CERTAIN DEVELOPMENT APPLICATIONS.” ROLL CALL AYES: COUNCIL MEMBERS: Nielsen, Soto, Uso, Mayor Allevato NOES: COUNCIL MEMBERS: Hribar ABSTAIN: COUNCIL MEMBERS: None 9. MAYOR TO FORM A SUBCOMMITTEE TO ADDRESS UNRESOLVED ISSUES CONCERNING THE CHILI COOK OFF SPECIAL EVENT PERMIT. (HOMEFRONT AMERICA AND/OR HABITAT FOR HUMANITY OF ORANGE COUNTY, INC.) (150.60) Description: the City has received applications from two different non-profit organizations for a special activities permit for the 14th Annual Swallows Inn Regional Chili Cook Off scheduled for Saturday, October 13, 2007. Staff recommended Council 1) Authorize staff to approve a special activities permit for the Chili Cook Off event; and 2) Direct staff to designate a specific non-profit organization’s application to be process for the Chili Cook Off special event if the two organizations are not able to coordinate the event. 9-4-2007 6 Written Communications: Report dated September 4, 2007, by Lynnette Lehmann, Management Analyst II. Letter dated August 31, 2007, from Cheryl Krupp, The Swallow’s Inn, 31786 Camino Capistrano, San Juan Capistrano, CA 92675, announcing that Habitat for Humanity would be the sponsoring charity for the 14th Annual Chili Cook Off. Presentation: Lynnette Lehmann, Management Analyst II, reviewed the staff recommendation. Public Comment: Mark Korando, representing Habitat for Humanity, stated he was surprised to learn of a competing application from Homefront America to sponsor the Chili Cook Off event. He expressed concerns that there may be restrictions in Habitat’s nonprofit status that prevent certain types of distribution of event proceeds. He withdrew the event sponsorship application by Habitat for Humanity from consideration. Adam Maywhort, City resident, representing Homefront America, Inc., said his organization was formed to support military families. They were invited to host the event, put a good deal of effort into planning the event, and then were informed, without explanation, that Habitat for Humanity would be sponsoring the event. He would like an explanation as to why they were replaced. Cheryl Krupp, representing the Swallows Inn, was concerned with working with Homefront because they did not have event sponsors. Because too many issues needed to be resolved for the event to proceed with Homefront, she decided to enlist help from Habitat for Humanity to organize the event, with the proceeds benefiting the 1/11 Marine Battalion. Mamie Yong Maywhort, City resident, representing Homefront America, felt questions needed to be answered regarding event restrictions imposed by the City and Swallow’s Inn denial to work with them as an event sponsor. Arthur Hasselbrink, City resident, representing Homefront America, did not understand the involvement in the event by Habitat for Humanity, because Homefront had worked very hard to plan the event. Council Comment: Mayor Allevato stated for the record that he and Council Member Hribar met with Swallow’s Inn representatives, who elected to donate proceeds from the event to the 1/11 Marine Battalion. 9-4-2007 7 Mayor pro tem Soto and Commissioner Uso volunteered to serve on a Mayor’s Committee to meet with Swallow’s Inn representatives, charities’ representatives, and staff to work together to resolve the outstanding issues. Council Action: Moved by Mayor Allevato, seconded by Mayor pro tem Soto and carried unanimously, 5-0, to recommend that Mayor Allevato form a subcommittee of two Council Members to work with the applicant to address unresolved issues related to the proposed Chili Cook Off. 10. MONTHLY DOWNTOWN ART SHOW CONCEPT APPROVED. (TOURISM SUMMIT COMMITTEE) (900.50) This item was removed from the Consent Calendar by Council Member Nielsen to recommend waiver of the City’s Special Activities Fee to encourage the event’s success. Public Comment: Letter dated August 28, 2007, from Randi Peshkin, Chair, Tourism Summit Art Show Committee, supporting the Art Fair and requesting assistance from the City. Randi Peshkin, Chair, Tourism Summit Committee and City resident, provided an overview of the event and thanked the City for their help. Tom Scott, City resident, supported the event and felt other tourism events should be considered in the future. Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem Soto and carried unanimously, 5-0, to approve concept of a monthly art show on public and private property in the downtown area; waive the initial Special Activities Fee; and direct staff to proceed with multi-departmental coordination with the applicant on numerous issues. PUBLIC HEARINGS - None RECESS AND RECONVENE Council recessed at 8:30 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 9:30 p.m. 9-4-2007 8 ADMINISTRATIVE ITEMS G1. CITY MANAGER a. MEMORANDUM OF UNDERSTANDING WITH IRAJ DOURAGHI FOR THE DISPOSITION OF THE SDG&E TROUBLEMAN’S COTTAGE APPROVED. (600.30/670.70) Description: In response to direction given at the April 4, 2007, City Council meeting, staff and Mr. Douraghi have worked together to prepare of Memorandum of Understanding (MOU) to define the terms for the transfer of ownership and the responsibilities for the disposition of the SDG&E Troubleman’s Cottage. Staff recommended Council approve the MOU with Iraj Douraghi for the disposition of the SDG&E Troubleman’s Cottage. Written Communications: Report dated September 4, 2007, by Douglas Dumhart, Economic Development Manager. Presentation: Douglas Dumhart, Economic Development Manager, summarized the staff report. Public Comment: Iraj Douraghi, City resident, said he had the funds available to proceed with the project, which would be completed within one year of approval. Monica Mukai, City resident, supported the project and felt it was important that it move forward concurrently with the Site Plan Review. Bill Hardy, City resident, felt the project was a win-win for the City and Mr. Douraghi and supported it moving forward. Council Action: Moved by Council Member Nielsen, seconded by Mayor pro tem Soto, and carried unanimously, 5-0, to approve the Memorandum of Understanding with Iraj Douraghi for the disposition of the SDG&E Troubleman’s Cottage. ORDINANCES 1. ORDINANCE NO. 930 ADOPTED AMENDING THE MUNICIPAL CODE RELATED TO HEARING PROCEDURES FOR REVOCATION OR NON- RENEWAL OF MASSAGE THERAPY LICENSES. (390.60) Description: Staff recommended Council approve second reading and adoption of the Ordinance amending the municipal code related to hearing procedures for revocation or non-renewal of Massage Therapy Licenses. 9-4-2007 9 Written Communications: Report dated September 4, 2007, by Meg Monahan, City Clerk. Meg Monahan, City Clerk, read the title of the ordinance. Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Nielsen and carried unanimously, 5-0 to adopt Ordinance No. 930, 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” RELATED TO HEARINGS FOR REVOCATION OR NON-RENEWAL OF MASSAGE LICENSES.” COUNCILMANIC ITEMS Council Member Hribar suggested a signage solution to discourage freeway users from attempting to cut through town from Avery Parkway, south. This occurs when the I-5 backups, causing significant impact on our downtown traffic. Nasser Abbaszadeh, Engineering & Building Director, reported that posting traffic signage that did not pertain to all traffic, eventually becomes ineffective. Dave Adams, City Manager, recommended the issue be considered by the Transportation Commission. ADJOURNMENT There being no further business, Mayor Allevato adjourned the meeting at 10:07 p.m. to the Regular Scheduled Meeting of Tuesday, September 18, 2007, 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, _________________________________ MARGARET R. MONAHAN, CITY CLERK Approved: October 2, 2007 ATTEST: __________________________________ SAM ALLEVATO, MAYOR