97-0805_CC_Minutes_Regular Meeting259
AUGUST 5, 1997
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610,85)
None
RECESS OF CITY COUNCIL MEETING UNTIL 7:00 P.M. BUSINESS SESSION
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Swerdlin at 7:04 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Raul Nunez, The Life Church.
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; Jennifer Murray, Assistant City Manager;
John Shaw, Interim City Attorney; Dawn Schanderl, Deputy City Clerk; Cynthia L. Pendleton,
Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas
Tomlinson, Planning Director; Al King, Community Services Director; Lt. Paul Sullivan, Orange
County Sheriff's Department, Ray A. Auerbach, Interim Director of Public Works; Gillian E.
Rampley, Recording Secretary.
INTRODUCTIONS, PRESENTATIONS AND DONATIONS
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Greiner introduced the following persons in attendance: Lee Buser, David
Belardes and Don Tryon (Cultural Heritage Commission); Ed Johnson and Bill Sonka
(Planning Commission); Marie Buckner and Joann de Guevara (Housing Advisory
Committee); AI Simmons (Seniors Liaison to City).
2. ACKNOWLEDGMENT OF DONATIONS (150.10)
Mayor Swerdlin acknowledged the following donations to the City's Fourth of July
celebration: Bob Sandoval, San Juan Outdoor Advertising, for signage for the event; Tom
Bodanski, Sarducci's Cafe & Grill, dinner for volunteers at Volunteer Training Meeting; Fia
Alcock, A Toy Factory for 10 fabric frisbees; Greg Carder of Marie Callender's Restaurant
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and Bakery, 10 pies; Erick Fuchser of Ralph's Grocery for a gift certificate; Susie Bahan, San
Juan Florist, 9 floral arrangements, Michael Idstein, Von's Market for a gift certificate; Jaime
Rueda of Smart & Final for two 5 -Ib tubs of ice-cream for the "Build & Eat a 100 -foot Ice
Cream Sundae Contest"; and Kurt Dietick, Vista Paints, for 35 wallpaper trays for the "Build
& Eat a 100 -foot Ice Cream Sundae Contest."
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY
/CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS)
BROWN ACT (610.85)
Council Member Campbell inquired as to the provisions of the Brown Act relating to items
brought up in Oral Communications and the City's ability to act upon them. The City
Attorney advised that any item can be brought up by the public; however, the City Council
could not take action on those items unless the Brown Act requirements for immediate
consideration and action could be met.
2. INDIAN GAMING AND FEDERAL RECOGNITION (910.60)
The following persons spoke regarding the issue of an Indian Casino
Jerry Nieblas, 31574 Los Rios, cited objections to the statement made by the City Council,
as quoted in the newspaper, which he regarded as unfair to Juaneno Indians. However, he
wished to publicly oppose the Casino. He stated the Juanenos need to raise funds to assist
in gaining Federal recognition, to provide scholarships for their children, to purchase land for
housing development, and to provide benefits for the elders and young, but, he very strongly
felt that a Casino was not the method to use for such fundraising.
Teresa M. Romero, Village of Tobe & Naccoyanie, 31342 Calle del Campo, spoke as an
Acjachemen woman. She spoke against the Council's July 15, 1997, statement, commenting
that it dishonored her and her ancestors.
Teeter Romero, 31332 El Camino Real, objected to the Council statement and spoke in
opposition to the Casino. She noted she was personally involved with the Historical Society
and that the Juaneno people have always been concerned with their heritage and that of the
City.
Maria Walkingstick, 26431 Arbor Road, yielded her 3 -minute time period to her Chairman,
if needed.
Diane Caudell, 30563 Los Rios, speaking as an individual who has been very involved in
Indian affairs, particularly with the Indian Education Act, indicated that she was hurt by the
Council statement which she felt degraded Indians.
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Jean Frietze, representing the Acjachemen Nation, spoke of the concern that the City Council
did not attempt to contact the Tribal Council for clarification before issuing the Statement.
She advised that the Indians are trying to obtain Federal Recognition and there was no
intention of putting a Casino in the City. She also indicated that the Indians wanted to
maintain a good relationship with the City Council and are equally as concerned with
upholding the heritage of the City.
Eugene Mendes, 852 Towne Street, Costa Mesa, an elder of the Juaneno Band, expressed
his hope that the City Council would lead communication with tribal officials to enable
positive results from negative reactions to the Statement. He also spoke briefly on gang
problems --indicating that the leadership of such gangs could be assisted to redirect their
energies to work within the political process.
Helen McMullen, 23162 Avenida Los Amigos, President of Indian Council, spoke regarding
the purpose of the Indian Council, which is not political but rather is an educational body
providing education in Indian heritage and culture. The Council plays an active role in the
volunteer network of Orange County.
John Hun, 32172 Avenida Los Amigos, spoke as a Juaneno Band Indian totally opposed to
a Casino. He felt that it was of great importance that the heritage of the Juanenos should not
be destroyed.
Written Communication
David Belardes, 31742 Via Belardes, presented a letter dated March 19, 1997, from John
Cohen, Directing Attorney of the Indian Legal Services, which stated that the agreements
with Branditch, Brancor, Mr. Herbert and "Friends of the Juaneno," were all illegal under
federal law relating to gaming and should be renounced by the Juaneno Band, since disclosure
of the agreements could lead to rejection of the application for federal recognition. He
expressed a desire to meet with the Council on other issues also.
Council Comments:
Council Member Jones expressed thanks to Jerry Nieblas, Teeter Romero and others who had
communicated with him or who had spoken at the meeting. He explained that the Statement
read at the last Council Meeting was qualified to ensure that the statement was not directed
at the Juaneno people, only to the individuals who were involved in the Casino plans. The
Council recognized that the majority were not represented by those individuals. He urged
that all facts be brought into the open.
Council Member Greiner emphasized that the Statement was never intended to be about the
Juaneno Indian Band; it was about the Casino issue only. He proffered a personal apology
to anyone who misunderstood or took offense at the Statement. The Council members had
felt a need to produce a clear, quick statement to clarify their position on Casinos.
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Council Member Campbell expressed regret that the entire Statement was not printed in the
newspaper. She emphasized that because the City is so concerned about its heritage, the
speedy reaction was necessary and was directed only at those involved in Casino negotiations.
Council Member Hart concurred with the other Council Members, indicating that the
comments were only in response to the Casino question and methods being used by those
involved. He expressed his total support for Federal recognition. He regretted that so many
had a wrong perception of the Council Statement.
Mayor Swerdlin indicated that he was one hundred percent opposed to a Casino; such an
endeavor violated the spirit of the City. He also indicated his support of the Juaneno tribe for
Federal recognition and expressed the hope that the dialog during the meeting marked the
beginning of a long trail of communication between all parties.
3. DRUGS GANGS & VIOLENCE (580.10)
Leslie Sheffield, 26341 Calle Roberto, spoke regarding her deep concern about gangs, drugs,
violence and guns in certain areas of the City. She advised that a recent speaker at a
Neighborhood Watch meeting heightened her awareness and she wanted the City Council to
be alerted. Council Member Campbell recommended that Mrs. Sheffield meet with her and
staff to share information. Council Member Hart advised that a recent drug raid had been
most successful, law enforcement had done a good job.
Shelby Voisene, 31931 Calle Reynalda, spoke of her concerns about the deterioration of her
neighborhood.
CONSENT CALENDAR
It was moved by Council Member Jones, and seconded by Council Member Campbell, 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
MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
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APPROVAL OF CITY COUNCIL MINUTES OF JULY 1. 1997
The Minutes of the Regular Meeting of July 1, 1997, were approved as submitted.
RECEIVE AND FILE WARRANTS OF JULY 16. 1997 (300.30)
The List of Demands dated July 16, 1997, in the total amount of $2,269,923.85 was ordered
received and filed.
RECEIVE AND FILE CASH BALANCES BY FUND FOR MAY. 1997 (330.50)
The Report of Cash Balances by Fund for the month ending May 31, 1997 was ordered
received and filed.
RESOLUTION SETTING THE OPEN SPACE GENERAL OBLIGATION BOND
AND PROPERTY TAX RATE FOR FISCAL YEAR 1997-1998 (390.80)
As set forth in the Report dated August 5, 1997 from the Administrative Services Director,
the following Resolution was adopted setting the tax rate of $0.0767 per $100 of assessed
valuation:
' RESOLUTION NO. 97-8-5-1- SETTING AD VALOREM TAX RATE -
FISCAL YEAR 1997-98 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTIMATING
THE AMOUNT OF MONEY TO BE RAISED BY AD VALOREM
TAXATION IN THE CITY OF SAN JUAN CAPISTRANO DURING THE
FISCAL YEAR 1997-98 FOR DEBT SERVICE AND REQUESTING THE
LEVY OF A TAX IN THE CITY OF SAN JUAN CAPISTRANO
The Resolution set the tax rate and instructed the City Clerk to forward a certified copy of
the Resolution to the Orange County Assessor and Auditor/Controller for inclusion on the
1997-98 tax rolls.
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As set forth in the Report dated August 5, 1997 from the City Clerk, the amendments to
Appendix A of the Local Conflict of Interest Code was amended to include positions newly -
created for the former Capistrano Valley Water District Employees, to reflect that the Public
Lands and Facilities Department has been redesignated as the Public Works Department, and
to delete the Mobile Home Park Review Committee.
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CONSIDERATION OF LOADING ZONE TIME LIMITS ON EL CAMINO REAL
SOUTH OF ORTEGA HIGHWAY (5570.30)
As set forth in the Report dated August 5, 1997 from the Director of Engineering and
Building, the following Resolution was adopted limiting the operating hours of the loading
zone adjacent to the Mission Promenade on the west side of El Camino Real, to the hours
between 7:00 a. m. and 6:00 p.m.
1J T D • • tu• • • •' :1.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING A "LOADING ZONE -
7:00 A.M. TO 6:00 P.M." ON THE WEST SIDE OF EL CAMINO REAL
SOUTH OF ORTEGA HIGHWAY; REMOVING THE EXISTING
"LOADING ZONE" ON EL CAMINO REAL; AND, RESCINDING
RESOLUTION NO. 96-9-3-2
CONSIDERATION OF PASSENGER LOADING/TOW AWAY ZONE ON
AVENIDA DE LA VISTA AT CALLE SAN LUIS (570 .30)
As set forth in the Report dated August 5, 1997 from the Director of Engineering and
Budding, the following Resolution was adopted approving installation of a Passenger Loading
Zone/Tow-Away Zone on Avenida De La Vista at Calle San Luis between 7 a.m. and 5 p.m.
from Monday through Friday.
RESOLUTION NO 97-8-5-3 ESTABLISHING A "PASSENGER
LOADING ZONE/TOW-AWAY" - EAST SIDE OF AVENIDA DE LA
VISTA SOUTH FROM CALLE SAN LUIS - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A "PASSENGER LOADING
ZONE/TOW-AWAY ZONE - 7:00 A.M. TO 5:00 P.M. FROM MONDAY
THROUGH FRIDAY" ON THE EAST SIDE OF AVENIDA DE LA VISTA
SOUTH FROM CALLE SAN LUIS
9. DENIAL OF CLAIM FOR DAMAGES (GERTRUDE LAZAROWI (170 10)
As set forth in Report dated August 5, 1997 from John Cavanaugh, City Attorney, the claim
for damages was denied in its entirety.
10. CONSIDERATION OF DEFERRAL OF DEVELOPMENT TAXES AND FEES
AGREEMENT. Parcel 2 Parcel Map 83-861/30800 RANCHO VIEJO ROAD
(FLUIDMASTERS. INC) (600,30)
As set forth in Report dated August 5, 1997 from John Shaw, City Attorney, the Agreement
with Fluidmaster for deferral of development taxes and fees in the approximate amount of
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$473,277 was approved and the City Manager was authorized to execute the Agreement.
The Agreement required submission of a surety at time of building permit issuance to
guarantee payment of the fees, which will be due not later than 365 days from issuance of a
Certificate of Occupancy.
PUBLIC HEARINGS
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HERITAGENVEMMUMMMAN
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Written Communication
Report dated August 5, 1997 from the Planning Director, recommending that the public
hearing on this matter be continued to September 2, 1997.
Continuation of Hearing:
It was moved by Council Member Jones, seconded by Council Member Hart, and approved
unanimously that this matter be continued until September 2, 1997.
Proposal:
Consideration of proposed annual assessments for the subject City Landscape Maintenance
Districts.
Written Communication
Report dated August 5, 1997, from the Acting Director of Public Works, recommending
approval by Resolution of the proposed budgets as set forth in the Report.
Mr. Auerbach made an oral presentation, noting that a public meeting had been held on
June 23, 1997. Six area residents had attended and no substantial problems or complaints had
been encountered.
Public Hearing:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing and,
there being no response, closed the hearing with the right to reopen at any time.
Resolution Confirming Costs:
' It was moved by Council Member Hart, seconded by Council Member Greiner, that the
following Resolution be adopted confirming the following budgets for the six Landscape
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2, AUTHORIZATION TO ASSESS
CHARGES_ 1997
- LANDSCAPE
MAINTENANCE DISTRICT NO.
1 (CAPISTRANO ROYALE)
AND TRACTS
9284 (SEAVIEW). 9282 (BELFORD
TERRACE). 9373/7654 (LOS
CORRALES),
7673 MISSION WOODS)_ AND
8485 (MISSION SPRINGS)
(345.20)
Proposal:
Consideration of proposed annual assessments for the subject City Landscape Maintenance
Districts.
Written Communication
Report dated August 5, 1997, from the Acting Director of Public Works, recommending
approval by Resolution of the proposed budgets as set forth in the Report.
Mr. Auerbach made an oral presentation, noting that a public meeting had been held on
June 23, 1997. Six area residents had attended and no substantial problems or complaints had
been encountered.
Public Hearing:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing and,
there being no response, closed the hearing with the right to reopen at any time.
Resolution Confirming Costs:
' It was moved by Council Member Hart, seconded by Council Member Greiner, that the
following Resolution be adopted confirming the following budgets for the six Landscape
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Maintenance Districts and authorizing the County Assessor's Office to include the charges
on the Property Tax Roll:
$ 557 per home
$ 360 per home
$ 290 per home
$ 200 per home
$ 80 per home
$1,110 per home
- Tract 9284 (Seaview)
- Tract 9382 (Belford Terrace)
- Tract 8485 (Mission Springs)
- Tract 7673 (Mission Woods)
- Tract 9373/7654 (Los Corrales)
- Capistrano Royale
RESOLUTION NO 97-8-5-4 CONFIRMING COST REPORT - 1997
LANDSCAPE MAINTENANCE DISTRICTS _(TRACTS
9284_93818485,7673,9373/7654, AND CAPISTRANO ROYALE) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR
1997 LANDSCAPE MAINTENANCE DISTRICTS' CHARGES IN THE
CITY OF SAN JUAN CAPISTRANO (TRACTS 9284, 9382, 8485, 7673,
9373/7654, AND CAPISTRANO ROYALE)
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Greiner, Jones and Mayor Swerdlin
NOES: None
ABSTAIN: None
ABSENT: None
3. AUTHORIZATION TO ASSESS CHARGES - 1997 WEED ABATEMENT
PROGRAM (540.70)
Proposal:
Consideration of proposed charges for the City's 1997 Weed Abatement Program, in the total
amount of $16,162.16, which costs will be assessed to individual property owners on their
1997-98 tax roll.
Written Communication
Report dated August 5, 1997, from the Acting Director of Public Works, recommending
adoption of a Resolution confirming the Cost Report and authorizing assessment of weed
abatement charges to the individual properties for 1997 by submittal to the Orange County
Auditor -Controller.
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Public Hearing:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing and,
there being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Confirming the Cost Report:
It was moved by Council Member Campbell, seconded by Council Member Jones, that the
following Resolution be adopted:
RESOLUTION NO. 97-8-5-5. CONFIRMING COST REPORT - 1997
WEED ABATEMENT - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING
THE COST REPORT FOR THE 1997 WEED ABATEMENT PROGRAM
IN THE CITY OF SAN JUAN CAPISTRANO
The motion was carried by the following vote:
AYES: Council Members Hart, Greiner, Jones, Campbell and Mayor Swerdlin
NOES: None
ABSTAIN: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:57 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District, and reconvened at 8:01 p.m.
CITY MANAGER
ANNUAL CONTRACT WITH ORANGE COUNTY ANIMAL CONTROL (600.50)
Written Communications:
Report dated August 5, 1997, from the Assistant City Manager, recommending approval of
the Agreement with Orange County Animal Control Services for the period of July 1, 1997
to June 30, 1998, in the approximate amount of $111,839. The Report requested
authorization to transfer $3,887 from the General Fund Reserve to Account No. 01-62193-
4230 to cover the cost of the net provisional payment.
Ms. Murray made an oral presentation, in which she confirmed that the agreement proposed
no changes from the current service levels. She indicated that because of possible changes
in the location of the County's facilities and because of the recent existence of the joint
powers authority known as Coastal Animal Services Authority, a cost comparison and
analysis of services should be done within the next few months to permit the City to make an
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informed decision for Fiscal Year 1998-99. Staff will return with such an analysis no later
than December 1997.
Approval of Animal Control Services Agreement:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried that the proposed Agreement with the County of Orange for Animal
Control Services be approved.
2. CONSIDERATION OF PERSONAL SERVICES AGREEMENT FOR INTERIM
PUBLIC WORKS DIRECTOR SERVICES (RM & ASSOCIATES)(600.301
Written Communication:
Report dated August 5, 1997, from the Assistant City Manager, recommending approval of
the Personal Services Agreement with RM & Associates, in an amount not to exceed
$16,200, for the provision of consulting services through September 30, 1997.
Ms. Murray made an oral presentation indicating that this Agreement provided for the part-
time services of Ray Auerbach as Interum Public Works Director until a replacement has been
found. She indicated that such a replacement should be in place by September 30, 1997.
Approval of Agreement:
It was moved by Mayor Swerdlin, seconded by Council Member Campbell and carried
unanimously that the Agreement with RM & Associates be approved. The Mayor was
authorized to sign the Agreement.
3. CONSIDERATION OF SUPPORT FOR "ONCE UPON A STORY" (330.20)
Written Communication
Report dated August 5, 1997, from the Assistant City Manager, recommending approval of
grant funds in an amount not to exceed $2,604, to Once Upon A Story to support the Annual
Storytelling Festival on October 10 and 11, 1997, at the Historic Town Center Park. The
Report further recommended waiver of all City fees associated with the use of City facilities;
and concurrence that the Community Services Department staff be allowed to provide
assistance with Storytelling Festival Registration during regular work hours.
Ms. Murray made an oral presentation, explaining that the Festival, due to increasing
attendance, was to be moved to a larger site this year, in the Historic Town Center Park, and
that funds were needed, in part to provide a canopy structure. She presented Georgia Case,
2835 Chestnut Avenue, Long Beach, a volunteer for the organization who expressed thanks
to the City for its assistance in the past and invited all to attend in October. Dr. Ken Friess,
31506 Paseo Christina, represented the Board of Once Upon A Story and expressed their
thanks to the City.
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' SUDDOrt of Financial Assistance:
It was moved by Council Member Greiner, seconded by Council Member Campbell and
unanimously carried that funds in an amount not to exceed $2,604 for "Once Upon A Story"
be approved, that City fees associated with the use of City facilities be waived, and that
Community Service Department staff be allowed to provide assistance with Registration
during regular hours.
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APPEAL OF PLANNING DIRECTOR'S DECISION - INSTALLATION OF
FENCE LOCATED AT 28012 SAIF JUAN CREEK ROAD (LOONEY/KENNEDY)
M02-202)
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Proposal:
Consideration of an appeal by Scott Looney, Metro Commercial Realty Corporation, 500
Newport Center Drive, Suite 930, Newport Beach, California 92660, of the Planning
Director's decision to approve installation of a fence at 28012 San Juan Creek Road.
Written Communications:
(1) Report dated August 5, 1997, from the Planning Director, providing background
information and recommending confirmation of the Planning Director's determination
' that the City Council's approval of the room addition did not require installation of a
wrought iron fence.
(2) Letter received by facsimile on July 31, 1997 from Matthew Paskerian, on behalf of
the Appellant, requesting that the appeal be postponed.
Continuation of Appeal:
With the consensus of Council, Mayor Swerdlin directed that the item be continued to
August 19, 1997, at the request of the appellant.
APPEALOF OF g •ING PERMIT OF •;
STRUCTURE LOCATED AT 32241 AVENIDA LOS AMIGOS
(CHERMAK/SBRUyIP)1 10
Proposal:
Consideration of an appeal of the Building Official's action in issuing a Building Permit for
a detached accessory structure in the rear yard of 32241 Avenida Los Amigos. The structure
consisted of a canopy shade with a steel frame and roof cover of canvasMnyl material.
Appellant
Mr. Edward S. Chermak
32231 Avenida Los Amigos
San Juan Capistrano, California 92675
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Written Communication
(1) Report dated August 5, 1997, from the Planning Director, recommending that the
action of the Building Official in issuing Building Permit No. 36376 be upheld.
(2) Petition requesting an Urgency Ordinance prohibiting the issuance of building permits
for accessory structures constructed of plastic or canvas stretched over a framework
of steel tube.
Mr. Tomlinson made an oral presentation in which he explained that the appeal stated that
such accessory structures of the type involved in this matter should not be allowed in the
residential areas of the City. However, he advised that the City Code does not address
structures of this type and, because the structure in question complied with all applicable
provisions of the Code and no violations had occurred, the City has no grounds to overturn
the action in issuing the permit. He advised that the Code provisions dealing with accessory
structures basically dealt with setbacks and height limitation. He indicated that if the City
wished to amend the Code to cover such structures it could do so, but only on a "non -
urgency" basis. He recommended staff be directed to begin the formal amendment process
to address this issue.
Council Member Hart asked if the Code was amended, would it be retroactive for structures
currently in place. Mr. Tomlinson advised that an amendment adopted subsequent to an
action results in non-conformance. An amendment could include language to declare
structures in place as "non -conforming" uses; or an abatement period could be included in
an amendment which would allow an amortization of the cost for individuals who have these
types of structures in place.
Public Comments:
Edward Chermak, appellant, cited objections to allowing the "tent -type" structure in
residential areas and urged that the Municipal Code be amended to retain the quality of life
in the City.
Council Comments:
Council Member Greiner requested clarification that if an amendment were enacted to
prohibit this type of accessory structure, the structure under appeal would become a legal
non -conforming use. The City Attorney concurred and added that he felt amortization for
this type of structure could be anywhere from 60 to 180 days. In enacting an amortization
provision the benchmark would be the economic life of the structure per depreciation
schedules on file with the IRS.
In response to Council Member Campbell, the City Attorney advised that the proposed
recommendations were in accordance with State law and amortization was a well-recognized
concept. If Council chose to initiate a Municipal Code amendment, an ordinance could be
adopted prohibiting these types of structures in the zoning district and requiring their removal
by a given date.
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Issuance of Building Permit Upheld:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried to deny the appeal and to confirm the action of the Building Official in
issuing Building Permit No. 3 63 76 be upheld based upon the finding that the permit was for
a structure that complied with all provisions of the City's Municipal Code and the Uniform
Building Code and was a ministerial action that did not involve or require any discretionary
action; staff was directed to initiate a code amendment process to consider inclusion of
standards to prohibit open fabric -covered structures.
None.
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Written Communication:
Report dated August 5, 1997 from the Northwest Site City Council Sub -Committee
recommending that bids be solicited from specialty and small contractors for removal and/or
relocation of orchard trees at the Northwest Site and return to Council for award of bid.
' The City Manager made an oral presentation in which he indicated that the area involved is
the "long meadow" and the removal of these orchard trees will provide a multi-purpose, open
gathering area with the site being available for use by festivals with minimum improvements.
Other phases were to be implemented as funds became available.
Council Comments:
Council Member Campbell asked who would be responsible for declaring trees "healthy" and
able to be relocated. Staff advised an arborist would make that determination. Council
Member Jones suggested that Mr. Bathgate and Mr. Lacouague may be willing to assist with
that determination.
Solicitation of Bids:
It was moved by Council Member Campbell, seconded by Council Member Hart, and carried
unanimously, that staff solicit bids from both specialty and small contractors for the removal
and/or relocation of orchard trees at the Northwest Site and return to Council for award of
bid.
2. ORAL REPORTS OF OUTSIDE AGENCIES
a. San Joaquin Hills Transportation Corridor (800.50)
Council Member Campbell advised that an additional $300,000 for planting along the
' Corridor will be presented to the Board on August 14, 1997. Work will begin in
November 1997, to be completed by June 1998.
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b. SouthEast Regional Reclamation Authority (1040,60)
Council Member Jones advised that the Authority would meet on August 8 in a joint
meeting with AMWA.
C. San Juan Basin Authority LI040.60)
Council Member Jones advised that a resolution of the lake -fill line with Moulton
Niguel Water District was near.
d. League of California Cities (140.20)
Council Member Greiner advised that there would be a League State Employee
Relations Policy Committee meeting this month.
C. Orange County Joint Fire Authority (540.80)
Council Member Greiner advised that labor negotiations have been completed with
all groups except the firefighters.
d. Library Advisory Board (950.20
Council Member Greiner reported that the additional funding was approved by the
County Supervisors and, as a result, the library has now begun opening on Sundays,
with additional staffing in peak hours. Bids on the new video security system are
being received.
e. Joint Powers Insurance Authority (170 30)
Mayor Swerdlin noted that the next meeting was at the end of August. He advised
that a new facility is being built which should enable better service to the Cities. He
indicated that he would be attending the Risk Management Conference in Santa
Barbara at the end of October.
g. Orange County Vector Control District (560 50)
Mayor Swerdlin invited the public to attend the 50th Anniversary meeting of the
District on August 21, 1997.
COITNCIL COMMENTS
BUDGET (660.50)
Council Member Hart stated that the Federal Budget was balanced.
2. CITIZENS OF THE YEAR (130 30)
Council Members Jones and Hart recognized and congratulated Council Member Collett
Campbell and Tony Forster for being selected Citizens of the Year by the Chamber of
Commerce. Council Member Campbell expressed her appreciation; the award was very
special to her.
City Council Minutes -14-
8/5/97
273
ADDITIONAL ITEM FOR CONSIDERATION - RESOLUTION OF SUPPORT
• ' MISSION SAN JUAN CAPISTRANO FIRST ANNUAL•• • FAIR AND GOLF
ow I • I . 1 1
Council Member Hart requested that the City Council issue a proclamation in honor of the
Mission San Juan Capistrano First Annual Food Fair and Golf Tournament to be held on
November 9 and 10, 1997.
Mayor Swerdlin requested that the Council, by motion, find that this item was not available
prior to publication of the Agenda and that consideration was necessary at the present
meeting. On motion of Council Member Campbell, seconded by Council Member Jones, and
unanimously carried, Council Members agreed to discuss this matter.
Written Communication:
By memorandum dated August 4, 1997 from the Council Services Administrator, a proposed
Resolution of Support was submitted for consideration. The Resolution noted that Mission
San Juan Capistrano will be hosting its First Annual Food Fair and Golf Tournament on
November 9 and 10, 1997 with proceeds to be used solely for the Mission Preservation Fund.
Aooroval of Resolution of Support:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried to approve the "Resolution of Support" for the event and extends the
City Council's best wishes to Mission San Juan Capistrano for a successful First Annual Food
Fair and Golf Tournament.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:00 p.m. to the
next regular meeting date of Tuesday, August 19, 1997, at 5:00 p.m., in the City Council Chambers.
Respectfully submitted,
CHERYL JOHNSON, CITY CLERK
By DAWKSCHANDERL, DEPUTY CITY CLERK
ATTEST:
DAVID M. SrWERbUN, NTAYOR
City Council Minutes -15- 8/5/97