97-0121_CC_Minutes_Regular Meeting029
' JANUARY 21, 1997
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Swerdlin at 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Council Member Collene Campbell.
ROLL CALL: PRESENT: David M. Swerdlin, Mayor
Gil Jones, Mayor pro tem
Collene Campbell, Council Member
John Greiner, Council Member
Wyatt Hart, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Jennifer Murray, Assistant City Manager; Cheryl Johnson, City Clerk; Cynthia L. Pendleton,
Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas
Tomlinson, Planning Director, Joe Arranaga, Public Lands and Facilities Director; Al King, Jr.,
. Community Services Director; Lt. Paul Sullivan, Chief of Police Services; Nancy Bernardi, Recording
Secretary.
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It was moved by Council Member Jones, seconded by Council Member Greiner, and unanimously
carried that all Ordinances be read by title only.
INTRODUCTIONS. PRESENTATIONS. AND DONATIONS
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110,10)
Council Member Greiner introduced the following Commission representatives in attendance:
Ed Johnson (Transportation Commission, Mobile Home Park Review Committee, and
Housing Advisory Committee), Janice Palermo and Joanne deGuevara (Housing Advisory
Committee), Tom Facon (Chamber of Commerce), Al Simmons (seniors liaison to the City),
and former Mayor Phillip Schwartze.
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Council Member Campbell presented a Resolution plaque, signed by all five Council
Members, to AI and June Simmons honoring them for their consistent attendance at City
Council meetings, their service to the community; and acknowledging their absence from the
January 7th Council meeting due to health problems. The Resolution advised of how much
City Cowen Mi.rt . -1- 1/21/97
030
Mr. Simmons was missed at the January 7th meeting and expressed the pleasure of Council
that Mr. Simmons was recovering nicely.
On behalf of the City Council and Congressman Ron Packard, Council Member Hart
presented a United States flag, which was certified to have flown over the nation's Capitol
on December 23, 1996, to Mr. Simmons for the Boys and Girls Club.
ORAL COMMUNICATIONS
(CITY COUNCIL,/COMMUNITY REDEVELOPMENT AGENCY)
DONATION TO COMMUNITY CENTER (150 101
AI Simmons, 32302 Alipaz Street, Space 135, presented a check to the City in the amount
of $1,452.96, on behalf of the following: $916.93—Hoedown Committee "seed" money,
$386.00—Mike Madigan Memorial, $100—from Lee Buser, $30—Millie Walls Memorial, and
$20—Bertha Graves Memorial. He noted that this donation brings the total amount of the
seniors' donation to the Community Center over the last three years to $24,523.96. He
requested that this money be allocated for funding a separate administrative office in the
Community Center for use by the seniors only, including the purchase of a filing cabinet,
typewriter, copy machine, and other necessary office equipment.
Council Member Campbell suggested those funds be earmarked as requested.
2. AIR QUALITY MANAGEMENT (530.50)
Larry Rinehart, Intergovernmental Affairs Director for the South Coast Air Quality
Management District, provided an overview of the District's activities and the updated 1994
Air Quality Management Plan.
DEL OBISPO STREET IMPROVEMENTS (820.201
Eileen Rehler, 32144 Via Viente, San Juan Capistrano, advised it had come to her attention
there were plans for a new neighborhood park near the bridge at Del Obispo Street and
Alipaz Street. She felt that the Del Obispo bridge was in poor condition and in need of safety
improvements for pedestrians. She suggested that white lines be re -painted and bots dots
replaced.
Mr. Scarborough indicated he would provide Ms. Rehler with a status report on the repair
work planned for the area.
4. LITTLE LEAGUE FIELD CONSTRUCTION (530 401
Tom Harting, 28021 Via Del Cerro, representing San Juan Little League, expressed
appreciation for the City's efforts in addressing the League's needs at the new Sports Park.
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CONSENT CALENDAR
It was moved by Council Member Jones, seconded by Council Member Greiner, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
iggskylo_Wei_ • L I 11,1 Itoexelm
• UI: _
The Minutes of the Regular Meeting of December 17, 1996, were approved as submitted.
2. RECEIVE AND FILE WARRANTS OF DECEMBER 31- 1996 (300.301
The List of Demands dated December 31, 1996, in the total amount of $147,114.93 was
received and filed.
CITY TREASURER'S REPORT OF INVESTMENTS AS OF DECEMBER 31.
1996 (350.30)
The City Treasurer's Report of Investments as of December 31, 1996, in the total amount of
$12,602,822.51 was received and filed.
STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
The Report dated January 21, 1997, from the Planning Director, advising that six new
development applications were received by the City since the last report of December 17,
1996, was received and filed.
APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO
RECEIVE BIDS - SLURRY SEAL OF CITY STREETS_ 1996-97 (600,30)
As set forth in the Report dated January 21, 1997, from the Director of Engineering and
Building, plans and specifications were approved for the slurry seal of certain City streets
within the Capistrano Villas; on Alipaz Street from Camino Del Avion south to terminus and
from Mariner Drive to Calle Jardin; on Calle Aviador; and, on Calle Perfecto. Staff was
authorized to call for bids.
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APPROVAL OF SPECIFICATIONS FOR REMOVAL AND INSTALLATION OF
FENCING AND SOLE SOURCE PURCHASE OF FENCING - EL CAMINO
REAL PARK (600.30)
As set forth in the Report dated January 21, 1997, from the Director of Engineering and
Building, the following were approved:
(a) The specifications for the removal and installation of fencing at the El Camino Real
Park; and
(b The sole source purchase of 2,530 feet of Typhoon Welded Mesh Security fencing
from Secure Technology Company in the amount of $44,871.
Staff was authorized to appropriate $50,000 from Capital Improvement Project No. 471 to
fund this project.
APPROVAL OF MUTUAL AID AGREEMENT FOR BUILDING DAMAGE
SAFETY ASSESSMENT IN THE ORANGE COUNTY OPERATIONAL AREA
(600,50)
As set forth in the Report dated January 21, 1997, from the Engineering and Building
Director, the Mutual Aid Agreement for Building Damage Safety Assessment was approved
with Orange County to provide for the cooperative emergency response efforts of building
engineers and inspectors to assess widespread building damage in the event of a major
earthquake or other disaster. The Mayor was authorized to execute the Agreement on behalf
of the City.
APPROVAL OF FINAL MAS PARCEL MAP 96-140 - PROPERTY LOCATED
AT THE SOUTHERLY TERMINUS OF VIA SANTA MARIA (CANE) (420.70)
As set forth in the Report dated January 21, 1997, from the Director of Engineering and
Building, the Final Map to subdivide a 3.255 -acre site located at the southerly terminus of Via
Santa Maria into two parcels was approved, based on the finding that the Final Map is in
conformance with the Subdivision Map Act and conditions set forth in Council Resolution
No. 96-10-15-4. The City Engineer and City Clerk were authorized to execute the Final
Map, and the City Clerk was directed to record the Map with the County Recorder.
9. AWARD
OF CONTRACT
FOR COMMERCIAL
REAL
ESTATE SERVICES -
E_AST
SIDE
OF CAMINO
CAPISTRANO
NORTH OF JUNTERO
SERR A/ASSESSOR
PARCEL NI TMBER
649-361-01
(GRi TBB & ELLIS) (600,30)
As set forth in the Report dated January 21, 1997, from the Administrative Services Director,
the City Manager was authorized to negotiate and execute a property listing and sales
agreement with Grubb & Ellis Company for the marketing of the City -owned 3.83 -acre site
located on Camino Capistrano north of Junipero Serra Road.
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10.
11
AFFIRMATION OF ANNUAL CITY COUNCIL APPOINTMENTS (610.60)
As set forth in the Report dated January 21, 1997, from Carole Jacklin, Council Services
Administrator, the appointment of City Council Members to various committees on January 7,
1997, was reaffirmed as follows:
EI Toro Reuse Planning Authority -
Flood Plain Management Committee -
Council Member Greiner
Council Member Campbell (Alternate)
Mayor pro tem Jones
Council Member Greiner
Foothill/Eastern Transportation Corridor - Council Member Campbell
Council Member Hart (Alternate)
Interjurisdictional Planning Committees
GMA 9 & 11 -
League of California Cities, Orange
County Division -
League of California Cities - Landfill
System Ad Hoc Committee -
League of Cities - Restructuring Super
Committee -
Mayor pro tem Jones
Council Member Greiner
Council Member Hart (Alternate)
Mayor Swerdlin
Council Member Hart
Northwest Open Space Ad Hoc Committee - Council Member Hart
Orange County Fire Authority -
Orange County Joint Powers Insurance
Authority -
Orange County Transportation Authority
Elected Official Advisory Committee -
Orange County Vector Control Board -
San Joaquin Hills Transportation Corridor -
Mayor pro tem Jones
Council Member Greiner
Council Member Hart (Alternate)
Mayor Swerdlin
Council Member Greiner (Alternate)
Mayor Swerdlin
Mayor Swerdlin (2 -year term)
Council Member Greiner (Alternate)
Council Member Campbell
Council Member Hart (Alternate)
SERRA - Mayor pro tem Jones
Larry Buchheim (Alternate)
Bill Huber (Alternate)
As set forth in the Report dated January 21, 1997, from Jennifer Murray, Assistant City
' Manager, Amendment Number One to the Joint Powers Agreement Creating the Orange
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County Fire Authority was approved allowing the Board of Directors to determine the
number of members elected to the Executive Committee.
12. APPROVAL OF AMENDMENT NO 5 TO SERRA JOINT POWERS
AGREEMENT _(600, 50)
As set forth in the Report dated January 21, 1997, from the Engineering and Building
Director, Amendment No. 5 to the SERRA Joint Exercise Powers Agreement Creating the
South East Regional Reclamation Authority was approved amending the quorum
requirements for the Board of Directors from three quarters to two thirds.
13. RESOLUTION CONTINUING THE CITY'S PARTICIPATION IN THE
COTJNTY'S MORTGAGE CREDIT CERTIFICATE PROGRAM FOR FIRST-
TIME HOMEBUYERS (600.501
As set forth m the Report dated January 21, 1997, from the Planning Director, the following
Resolution was adopted authorizing the City's continued participation in the Mortgage Credit
Certificate Program with the County of Orange to offer financial assistance to first-time
homebuyers in the purchase of single-family housing:
RESOLUTION NO 97-1-21-1 AUTHORIZATION TO CONTINUE
PARTICIPATION IN MORTGAGE CREDIT CERTIFICATE PROGRAM -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY'S
CONTINUED PARTICIPATION IN MORTGAGE CREDIT
CERTIFICATE PROGRAM WITH THE COUNTY OF ORANGE FOR
FIRST-TIME HOMEBUYERS
PUBLIC HEARINGS
ACCESSORY USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC
BEVERAGES TEA HOUSE ON LOS RIOS 31731 LOS RIOS STREET
(NiCCOLA/RODMAN) (40".30
Council Member Jones noted his abstention in this matter due to a conflict of interest relating to the
proximity of his business/residence to the project. Council Member Greiner noted his abstention
because of a potential conflict of interest relating to a business interest located within 300 feet of the
project.
Proposal:
Consideration of an application for an Accessory Use Permit to allow the sale of alcoholic
beverages at the proposed "Tea House on Los Rios" to be located in the historic Rodman
house, 31731 Los Rios Street.
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Allan and Claudia Niccola, 26811 Lariat Circle, San Juan Capistrano, CA 92675
Written Communication:
Report dated January 21, 1997, from the Planning Director, recommending that the proposed
application for an Accessory Use Permit be approved, subject to conditions.
William Ramsey, AICP, Senior Planner/Project Manager, made an oral presentation. A
colored landscape plan, elevations, a drawing showing the physical relationship between the
Rodman and the relocated Forster houses, and the Rodman house floor plan were on display.
Mr. Ramsey advised that at their meeting of January 14, 1997, the Planning Commission
voted to approve the construction of a 767 -square -foot addition to the Rodman House for
conversion to a tea room; the relocation of the existing "Buddy" Forster house, garage, and
pool cabana; a variance to the height requirements of the HR District to allow a height of 34
feet for the Forster House; and, a variance to the residential occupancy requirements to allow
off-site residential occupancy.
Council's Ouestions to Staff:
Mayor Swerdlin inquired about the number of handicap parking spaces proposed for the
project. Mr. Ramsey stated that one handicap space had been provided, which meets the
minimum requirements of the Uniform Building Code for the site. He added that the 15
parking spaces planned for the site meets exceeds the Land Use Code requirements.
Council Member Campbell recommended that a condition be added to the proposed
Accessory Use Permit limiting the number of alcoholic beverages that can be served to one
person, similar to the condition imposed on the Ramos House Cafe. Mayor Swerdlin
concurred and expressed concern with the potential impacts of serving alcoholic beverages
in this family-oriented neighborhood. He suggested that until the revised circulation plan for
the Los Rios area had been implemented, measures should be taken to minimize the hazards
to neighborhood children and pedestrians, including having the applicants encourage their
customers to park across the railroad tracks.
Council Member Campbell noted that a proposed staff condition stated that this project
"may" be reviewed annually and suggested that the language be modified to require staff
review within three months. Mayor Swerdlin concurred and suggested that staff provide a
status report to the Council every three months until the new circulation plan has been
completed, and thereafter on an annual basis. Council Member Hart concurred, adding that
the review would assure the neighborhood that the City was monitoring the situation.
Public Hearing:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and
the following persons responded:
(1) The applicant, Allan Niccola, distributed copies of a petition signed by approximately
60 people in support of the project, and photographic examples of tea houses. He
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stated he supported all of the conditions recommended by staff and the conditions
suggested by Council Member Campbell and Mayor Swerdlin. He assured the
Council that he would monitor the situation very closely to ensure that no customer
exceeded their alcoholic beverage limit. He noted that the serving of wine and
champagne would allow his tea room to compete with others, such as those at the
Ritz Carlton and Traditions. He stated that he and his family intended to live on the
property and become a part of the neighborhood. With regard to parking, he
indicated that his goal was to have as many of his customers as possible arrive and
depart by train and "walk in" from the downtown area so as to maintain the existing
ambience in the neighborhood and discourage a lot of cars on the property. He
estimated that approximately 40-50% of his customers would arrive by car and agreed
to include in his marketing information about the area's restrictions. He noted that
he intends to have an indoor seating capacity of 28.
(2) Phillip Schwartze, representing Mr. Trulis, spoke in support of the project. He felt
that the proposed tea room use would benefit the neighborhood and that there would
be minimal impacts from this project. He felt that the extension of Paseo Adelanto
would provide parking off of Los Rios Street for visitors to the District and pedestrian
access to the area. He noted the support of this proposal by residents and the
Planning Commission and urged the Council to approve the project.
Council Member Campbell inquired how many residents on Los Rios Street did not sign the
petitions in support of the project. Mr. Niccola explained that residents were not solicited to
sign the petitions, and he did not go house to house. Instead, the proposal was explained to
people that they met; and if they were interested, they were asked to sign the petitions of
support. He noted that he was unaware which residents on Los Rios Street did or did not
sign the petitions.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
Council Discussion:
Council Member Hart indicated his support of the Accessory Use Permit, subject to the
restrictions previously suggested, monitoring by City staff, and with the assurance that the
applicant will work closely with his neighbors and City staff to maintain the rural atmosphere
in the Los Rios Historic District. He felt that the proposed tea house use would be an asset
to the entire area and fulfill the City's desire to rehabilitate and preserve the Rodman house.
Council Member Campbell indicated her support of many aspects of the proposal, including
its benefit to the community through the preservation of the Rodman and Forster houses, the
applicant's desire to become part of the neighborhood, and the applicant's goal to attract
visitors by train and pedestrians. However, she expressed strong concerns with the potential
impacts on residents from the sale of alcoholic beverages. She emphasized that this situation
must be closely monitored by staff. In addition, despite the fact that the applicant's residence
would be in close proximity to the tea house, she felt that the proposed use did not meet the
City Council Minute
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037
general intent of the General Plan or the Los Rios Precise Plan in that it was not a true small-
scale "cottage" business located in a structure used primarily for residential use. She
suggested that staff review the Precise Plan prior to considering any further applications of
this type.
Mayor Swerdlin felt that the proposal was an excellent opportunity to enhance the Los Rios
Historic District through the rehabilitation and preservation of both the Forster and Rodman
houses and the reuse of the Rodman house as a tea room. However, he also expressed strong
concerns about the sale of alcoholic beverages in this residential neighborhood and concurred
with the restrictions previously recommended. Until the circulation plan for the area has been
completed, he requested that staff provide the Council with a status report on this project
every three months as a Consent Calendar item. He had no concern with the applicants living
in the Forster house while operating the adjacent tea room, noting that the business would no
longer be valid if the applicants moved away.
Council Member Hart felt that many of the Council's concerns would be mitigated once Los
Rios Street is closed off to through traffic and made a pedestrian street. He urged City staff
to move forward on the circulation plan for the area as quickly as possible. Mayor Swerdlin
suggested that staff institute a moratorium on further applications for the sale of alcoholic
beverages in the Los Rios Historic District until the circulation plan has been completed.
Council Member Hart felt that a moratorium was unnecessary since Accessory Use Permits
' must be approved by the City Council. Mayor Swerdlin explained that the intent was to
discourage such applications until the circulation plan is in place.
Adoption of Resolution Approving Accessory Use Permit for the Tea House on Los Rios:
It was moved by Council Member Hart, seconded by Council Member Campbell, that the
following Resolution be adopted, subject to the modifications relating to a two drink
maximum, submittal of regular status reports, encouragement for using off-site parking, and
establishment of pedestrian access between the future public parking lot and Los Rios Street
upon completion of the Paseo Adelanto extension:
RESOLUTION NO. 97-1-21-2. APPROVING MITIGATED NEGATIVE
DECLARATION AND ACCESSORY USE PERMIT FOR PROPERTY
LOCATED AT 31731 LOS RIOS STREET - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A MITIGATED NEGATIVE
DECLARATION AND CONDITIONALLY APPROVING AN
ACCESSORY USE PERMIT FOR THE "TEA HOUSE ON LOS RIOS
STREET" FOR PROPERTY LOCATED AT 31731 LOS RIOS STREET
AND MORE PRECISELY REFERRED TO AS ASSESSOR'S PARCEL
NUMBER 121-143-06 (NICCOLA/RODMAN)
The motion carried by the following vote:
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038
AYES: Council Members Campbell, Hart, and Mayor Swerdlin
NOES: None
ABSTAIN: Council Members Greiner and Jones
ABSENT: None
Staff was directed to 1) institute a moratorium on applications for the sale of alcoholic
beverages within the Los Rios Historic District, and 2) initiate revisions to the Los Rios
Precise Plan and the circulation plan for the area.
RECESS AND RECONVENE
Council recessed at 8:06 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 8:07 p.m. as the City Council.
ADMINISTRATIVE ITEMS
PUBLIC LANDS AND FACILITIES DIRECTOR
STATUS REPORT - CONSTRUCTION OF LITTLE LEAGUE FIELD AT
SPORTS PARK (530.40)
Written Communications:
(1) Report dated January 21, 1997, from the Director of Public Lands and Facilities,
advising the Council of the new estimated costs for constructing the new Little
League field at the Sports, which was approved by the City Council on November 19,
1996. The construction costs for the new field increased from $35,214 to $58,225,
mostly due to the contractor's inability to obtain a quantity discount for fencing.
(2) Memorandum dated January 20, 1997, advising the Council of a revised estimate for
construction of the new field at $43,470, plus an additional $2,500 for a 4 -foot tall
outfield fence, less $15,000 to be donated by the Little League, totaling $28,470 in
costs to the City (a shortfall of $3,470 from the $25,000 approved by the City Council
on November 19, 1996).
Mr. Arranaga made an oral report and requested Council direction with regard to funding the
additional $3,470.
Authorization to Appropriate Additional Funds for Construction of the Little Leaeue Field:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that staff be authorized to appropriate $3,470 to cover the shortfall for
the construction of the new Little League field at the Sports Park.
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039
COMMUNITY SERVICES DIRECTOR
1. REQUESTS BY AYSO AND LITTLE LEAGUE ORGANIZATIONS TO
OPERATE THE CONCESSION STAND AT THE SAN JUAN CAPISTRANO
SPORTS PARK AND CONSIDERATION OF USE AGREEMENT WITH THE
LITTLE LEAGUE (600.30)
Written Communication:
Report dated January 21, 1997, from the Community Services Director, recommending that
the request by AYSO and Little League organizations be approved to operate the concession
stand at the Sports Park during their primary seasons of September -December and March -
June, respectively. The Report noted that proceeds from the operation of the concession
stand would go to the organizations to be used for scholarship funds, new equipment, field
maintenance projects, etc.
Approval of Concession Stand Operation at Sports Park and Use Agreement with
Little League:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that:
(1) AYSO and Little League organizations be authorized to operate the concession stand
' at the San Juan Capistrano Sports Park during their respective primary seasons; and
(2) The Concession Stand Use Agreement be approved between the City and San Juan
Little League for the period of their primary season, March 1, 1997, through June 30,
1997. The Mayor was authorized to execute the Agreement on behalf of the City.
2. MEMORANDUM OF UNDERSTANDING WITH THE SAN JUAN
CAPISTRANO FIESTA ASSOCIATION RECOGNIZING THE FIESTA
ASSOCIATION AS THE LEAD ORGANIZATION. AND REQUEST FOR
WAIVER OF FEES FOR THE 1997 FIESTA DE LAS GOLONDRINAS AND 1997
ADIOS TO THE SWALLOWS (600.30/390.30)
Written Communication:
Report dated January 21, 1997, from the Community Services Director, recommending that
a Memorandum of Understanding be approved between the City and the San Juan Capistrano
Fiesta Association recognizing the Association as the lead agency in planning, coordinating,
and conducting all official events associated with the 1997 Fiesta De Las Golondrinas
celebration; and that the request by the Fiesta Association be approved waiving the City's
permit fees for the 1997 Fiesta De Las Golondrinas celebration and the 1997 Adios to the
Swallows Annual Barbecue.
Approval of Memorandum of Understanding:
' It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that The Memorandum of Understanding be approved between the City
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and the San Juan Capistrano Fiesta Association recognizing the Association as the lead
agency in planning, coordinating, and conducting all official events associated with the 1997
Fiesta De Las Golondrinas celebration
Approval of Fee Waiver Request:
It was moved by Council Member Campbell, seconded by Council Member Jones that
the following Resolution be adopted approving the request by the Fiesta Association for
waiver of the City's permit fees for the 1997 Fiesta De Las Golondrinas celebration and the
1997 Adios to the Swallows Annual Barbecue totaling $564:
RFSOLUTION NO 97-1-21-3. APPROVING WAIVER OF CITY
PERMIT FEES - 1997 FIESTA DE LAS GOLONDRINAS AND ADIOS
TO THE SWALLOWS FALL BARBECUE - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING A REQUEST FOR A WAIVER OF CITY
PERMIT FEES TO THE SAN JUAN CAPISTRANO FIESTA
ASSOCIATION FOR THE EVENTS ASSOCIATED WITH THE 1997
FIESTA DE LAS GOLONDRINAS CELEBRATION AND THE ADIOS
TO THE SWALLOWS FALL BARBECUE
The motion carried by the following vote:
AYES: Council Members Jones, Greiner, Hart, Campbell
and Mayor Swerdlin
NOES: None
ABSENT: None
The City Manager was authorized to execute the Memorandum of Understanding on behalf
of the City.
ORDINANCES
ORDINANCE AMENDING TITLE 4 CHAPTER 4 SUBSECTION 4-4.02 OF
THE MUNICIPAL CODE PARKING METER ZONES (570.30) (ADOPTION)
Written Communication:
Report dated January 21, 1997, from the City Clerk, advising that the Ordinance was
introduced at the meeting of January 7, 1997, and was scheduled for adoption.
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' Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Jones, seconded
by Council Member Greiner, that the following Ordinance be adopted:
ORDINANCE NO. 788. AMENDING TITLE 4. CHAPTER 4 OF THE
MUNICIPAL CODE - PARKING METER ZONES - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
TITLE 4, CHAPTER 4, SECTION 4-4.02 OF THE MUNICIPAL CODE,
ENTITLED "PARKING METER ZONES," TO ADD A PORTION OF THE
CAPISTRANO DEPOT NORTH PARKING LOT TO THE PARKING
METER ZONE.
The motion carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
' 2. ORDINANCE AMENDING TITLE 4 OF THE MUNICIPAL CODE,
EMERGENCY PREPAREDNESS, TO ESTABLISH A DISASTER COUNCIL_
(520.50) (ADOPTION)
Written Communication:
Report dated January 21, 1997, from the City Clerk, advising that the Ordinance was
introduced at the meeting of January 7, 1997, and was scheduled for adoption.
Adoption of Ordinance:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Jones, seconded
by Council Member Greiner, that the following Ordinance be adopted:
ORDINANCE NO. 789, AMENDMENT TO TITLE 4 OF THE
MUNICIPAL CODE - ESTABLISHING A DISASTER COUNCIL - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING AND AMENDING VARIOUS SECTIONS IN
TITLE 4, CHAPTER 1, OF THE SAN JUAN CAPISTRANO MUNICIPAL
CODE ENTITLED "EMERGENCY PREPAREDNESS" TO ESTABLISH
A DISASTER COUNCIL AND ITS RESPONSIBILITIES.
The motion carried by the following vote:
City C¢¢ncil Min¢tea -13- 1121197
042
AYES: Council Members Campbell, Greiner, Hart, Jones, and
Mayor Swerdlin
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
Written Communication:
Report dated January 21, 1997, from Carole Jacklin, Council Services Administrator, noting
that the vacancy had been advertised, and the applicants were interviewed by the Council ad
hoc committee.
Council Member Greiner, speaking on behalf of the Council ad hoc committee which
consisted of himself and Council Member Jones, commended the high caliber of applicants
who submitted applications for the position. He recommended that Ed Johnson, who
currently serves on the City's Transportation Commission, the Mobile Home Park Review
Committee, and the Housing Advisory Committee, be appointed.
Appointment pf Member:
It was moved by Council Member Hart, seconded by Council Member Campbell, and
unanimously carried that Ed Johnson be appointed to the vacancy on the Planning
Commission. The Council declared vacancies on the Transportation Commission, the Mobile
Home Park Review Committee, and the Housing Advisory Committee left by Mr. Johnson.
Advertising for applications will be held in conjunction with advertising for the annual review
of appointments to the City's commissions and committees.
2. APPOINTMENT OF COI NC 1L REPRESENTATIVE AND ALTERNATE TO
LIBRARY ADVISORY BOARD (610.60)
Written Communication:
Report dated January 21, 1997, from Jennifer Murray, Assistant City Manager,
recommending that the Council designate two Members as representative and alternate to the
Library Advisory Board.
Appointment of Representative and Alternate:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that Council Member Greiner be appointed as the Council's
representative and Mayor Swerdlin as alternate to the Library Advisory Board.
City Council Minute. -14- 1/21/97
043
3. CONFIRMATION OF ASSOCIATED SENIOR ACTION PROGRAM (ASAP)
LIAISON AND DESIGNATION OF ALTERNATE (610.60)
Written Communication:
Report dated January 21, 1997, from Carole Jackhn, Council Services Manager,
recommending that the Council confirm the appointment of Council Member Campbell as
representative to ASAP and designate one alternate.
Appointment of Representative and Alternate:
It was moved by Mayor Swerdlin, seconded by Council Member Jones, and unanimously
carried that Council Member Campbell be confirmed as the Council's representative to the
Associated Senior Action Program, with Council Member Hart as alternate.
•Ufil a C ' • ' • • 1 I _
a. League of California Cities (140.20)
Council Member Greiner noted he was appointed as the Council's new representative
to the League and indicated he would attend the next meeting on February 13, 1997.
b. Southeast Regional Reclamation Authority (SEE" (1040.60)
' Council Member Jones noted his attendance at the Executive meeting held
January 20, at which they discussed the issues with the Capistrano Beach Water
District in closed session.
C. San Juan Basin Authority (1050.60)
Council Member Jones noted his attendance at the meeting this date at which they
discussed groundwater issues, including monitoring, as well as the situation with the
Capistrano Beach Water District. He indicated he would keep the Council apprised.
d. Orange County Joint Fire Authority 40.80
Council Member Greiner indicated he would attend the next meeting on January 23.
e. Joint Powers Insurance Authority (170.30)
Mayor Swerdlin indicated he would attend the next meeting on January 29 and would
report back to the Council on their review of the bylaws.
f Orange County Vector Control District (560.50)
Mayor Swerdlin noted his attendance at the last meeting, which included discussion
of personnel policies and an update on the African honey bee in Orange County.
City Council Minutes .15- 1/21/97
044
COUNCIL COMMENTS
LO LO) 1/hll a ►-' . I 1
Council Member Campbell indicated that she was proud to be a part of this City Council and
commended their hard work and dignity. Mayor Swerdlin expressed appreciation for the
quality of volunteers in the community.
CLOSED SESSION (610,85)
Council recessed to a Closed Session at 8:25 p.m. for:
1. Conference with Real Property Negotiator per Government Code Section 54956.8 for
property known as Assessor's Parcel No. 649-361-02, with Vestar, G.M.E. Development,
Extended Stay America, and possible other negotiating parties, to consider price and terms
of payment; and
2. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(b), for significant exposure to litigation in two cases, and Government Code Section
54956.9(c), the initiation of litigation in two cases.
The City Clerk was excused therefrom, and the meeting reconvened at 9:00 p.m.
ADDITIONAL CLOSED SESSION ITEM
Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried to find that this item was not available prior to publication of the Council
agenda and consideration was necessary at this time: City Attorney Resignation.
Council recessed to a Closed Session at 9:00 p.m. for discussion of the City Attorney's resignation.
The City Clerk was excused therefrom, and the meeting reconvened at 9:21 p.m.
COUNCIL ACTIONS FOLLOWING CLOSED SESSION
With regard to Closed Session Item #1, Mr. Denhalter advised that the Council authorized the
contract with Grubb & Ellis for the sale of property to be negotiated in final form with agent Jim
Cunningham. The vote was 4-0-1, with Mayor Swerdlin abstaining. There was no action to report
on the remaining items.
City Council Minutes
-16-
1/21/97
045
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:22 p.m. to the
next meeting date of Tuesday, February 4, 1997, at 5:00 p.m. in the City Council Chamber.
Respectfully submitted,
ATTEST
DAVID M. SWERDLIN, MAYOR
City Council Minutes -17- 1/21/97
047
NOTICE OF ADJOURNMENT OF MEETING OF
THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan
Capistrano, California, at its Regular meeting of January 21, 1997, adjourned said meeting to
Tuesday, February 4, 1997, at 5:00 p.m., in the City Council Chamber, 32400 Paseo Adelanto,
San Juan Capistrano.
DATED: January 22, 1997
Cheryl Joh n, y Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano do hereby
declare that the above Notice was posted at or near the door of the City Council Chamber on
January 22, 1997, within 24 hours of adjournment of the above-named meeting.
I declare under penalty of perjury that the foregoing is true and correct.
Cheryl Johns , CiiVy Clerk
San Juan Capistrano, California