96-0206_CC_Minutes_Regular Meeting001
FEBRUARY 6, 1996
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 Hart at 7:05 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Arch Rutherford of the Coast Bible Church.
ROLL CALL: PRESENT: Wyatt Hart, Mayor
David M. Swerdlin, Mayor pro tem
Collene Campbell, Council Member
Gil Jones, Council Member
Carolyn Nash, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
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.
Mayor Hart announced that the meeting was being held in the memory of Geneva Thompson, who
recently passed away, and expressed condolences to Council Member Campbell and her family. He
noted that a future meeting would be dedicated to Mike Madigan, who also recently passed away.
laujurfOR819%1 1 •
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously
carried that all Ordinances be read by title only.
Written Communication:
Report dated February 6, 1996, from the City Clerk, regarding the Miss Capistrano Valley
Scholarship Pageant scheduled for February 10, 1996, at the Community Christian Church.
Lorrie Guddy, Pageant Director, was present and invited Council and City staff to attend the
' pageant. Six contestants for the Miss Capistrano Valley Scholarship Pageant introduced
themselves.
City Council Minutes 4- 2/6/96
002
Written Communication:
Report dated February 6, 1996, from the City Clerk, forwarding the Proclamation and noting
the schedule of activities during the Fiesta celebration.
Approval and Presentation of Proclamation:
Mayor Hart read the Proclamation in full. The Proclamation was presented to Jeff Schroeder,
President of the Fiesta Association, who expressed appreciation to the Council and City staff
for their support.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110, 10)
Swerdlin*
Council Member Cmupbelk introduced the following Commission representatives in
attendance: John Greiner and Bill Sonka (Planning Commission), Pauline Leonard (Parks,
Recreation, and Equestrian Commission), Bill Hardy (Los Rios Review Committee), Don
Tryon (Cultural Heritage Commission), Tom Facon (Chamber of Commerce), Al Simmons
(San Juan Seniors Club), and former Mayor Larry Buchheim.
The following item was taken out of order from the agenda for the benefit of persons in the audience.
CITY MANAGER
• D •_ • • • L_• h . ' ' • II I► • : lul h �1
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Written Communications:
(1) Report dated February 6, 1996, from the City Manager, recommending that an
Ordinance be introduced prohibiting the use of certain devices and providing for the
humane treatment of rodeo animals in accordance with the standards of the
Professional Rodeo Cowboys Association (PRCA). PRCA standards prohibit the use
of sharpened spurs, unlined flank/bucking straps, and caustic ointments, and also
restrict roping and riding events and the use of electric prods.
(2) Two Memorandums dated February 6, 1996, from Carole Jacklin, Council Services
Administrator, reporting that the following people telephoned the City to provide
their input on this item: Lisa Iyer, Debby Wagner, Karen de Grand -Mason, Donna
Foley, Sharon Allen, and Talmar Pollard.
(3) The following correspondence was received requesting that the proposed Ordinance
be revised to ban all devices which inflict pain on animals during rodeos:
*amended by Council action 3/5/96
City Council Minutes -2- 2/6/96
003
•
Letter dated January 31, 1996, from Jane Garrison, 3 Tawny Port, Dana Point
•
Letter dated January 29, 1996, from Gustave C. Rappaport, 16 Corsica, Laguna Niguel
•
Postcard dated January 28, 1996, from Debbie Tomcej, 160 South Sycamore, Los
Angeles
•
Letter dated January 29, 1996, from Simon Oswitch, President of Animal Emancipation,
Inc., 1223 Wilshire Blvd., Suite 856, Santa Monica
•
Letter dated January 31, 1996, from Ava Park, Founder of the Orange County People
for Animals, P.O. Box 14187, Irvine
•
Note from Ruth E. Puckett, 153 Cabrillo, #A, San Clemente
•
Note dated January 30, 1996, from Miriam Allen, 375 Camino San Clemente, San
Clemente
•
Letter dated January 30, 1996, from Philip Glaser, D.D.S., 9 Merano, Laguna Niguel
•
Letter dated January 30, 1996, from R. McCue
•
Letter dated January 30, 1996, from Jenessa Nye, 1002 Buena Vista, #4, San Clemente
•
Postcard dated January 29, 1996, from Robert F. DeStefano, 1400 Wooden Drive,
Placentia
•
Letter dated January 27, 1996, from Vivien Frankland, President of the Saddleback
Valley Humane Society and S.P.C.A., 25108 Marguerita Parkway, Suite B-267,
Mission Viejo
•
Letter dated January 31, 1996, from Mr. and Mrs. Marshall Talarico, 146 Avenida
Santa Margarita, San Clemente
•
Letter dated January 31, 1996, from Cynthia K. Kane, 31372 Via Parra, San Juan
Capistrano
•
Postcard dated January 31, 1996, from J. Carter and M. L. Hill, 23895 Catamaran Way,
Laguna Niguel
•
Letter dated February 5, 1996, from Leslie M. Isom of the Human Society of the United
States, 2100 L Street, NW, Washington, DC
•
Letter dated February 2, 1996, from Marsha Wyatt, State Humane Officer, Supervisor
of Field Services, Pomona Valley Humane Society, 500 Humane Way, Pomona
•
Letter dated February 2, 1996, from Eric Mills, Coordinator for Action for Animals,
P.O. Box 20184, Oakland
•
Letter dated January 28, 1996, from Rosaline M. Grashaw, 31435 Via La Mora, San
Juan Capistrano
•
Faxed letter dated February 1, 1996, from Gwen Placke, 24831 Via Larga, Laguna
Niguel
•
Letter dated February 1, 1996, from K Steven Frazier, 27021 Calle Esperanza, San
Juan Capistrano
•
Faxed letter dated February 2, 1996, from Evelyn A. Kennedy, 1622 Paul Road, Orange
•
Faxed letter dated February 2, 1996, from Patricia M. Guiver, President of the Orange
County Society for the Prevention of Cruelty to Animals, Inc., 8855 Atlanta Avenue,
4164, Huntington Beach
•
Letter dated February 2, 1996, from Laurra Maddock, 29352 Las Cruces, Laguna
Niguel
•
Letter from Virginia Handley, California Coordinator for the Fund for Animals, Inc.,
'
Fort Mason Center, San Francisco
City C.m it Minutia -3- 2/6/96
004
• Letter dated February 5, 1996, from Stella Novak, 32928 Avenida Del Rosal, San Juan
Capistrano
• Letter dated February 6, 1996, from Al Reynolds
• Letter dated February 5, 1996, from Iris Antin, 31527 Calle La Purisima, San Juan
Capistrano
• Faxed letter dated February 5, 1996, from Susan van Eijkelenburg, Corresponding
Secretary for the Saddleback Valley Humane Society and S.P.C.A., 25108 Marguerita
Parkway, Suite B-267, Mission Viejo
• Faxed letter dated February 6, 1996, from Robin M. Bricker
• Letter dated February 5, 1996, from Ruth and Ted Shapin, 5110 Elsinore Avenue,
Orange
• Faxed letter dated February 5, 1996, from Sharon Johnston of Horse Power Projects,
Inc., P.O. Box 1965, Monterey
• Letter dated February 6, 1996, from Larry Itzler, 10252 Delano Drive, Cypress
• Letter dated January 21, 1996, from Mark Foy, 1818 19th Street, #309, Boulder,
Colorado
• Letter dated February 2, 1996, from Lillian Taylor, 17091 Erwin Lane, Huntington
Beach
• Letter dated February 6, 1996, from Ann Ertman, 323 E. Cordoba Avenue, San
Clemente
• Letter from Patricia Yelick, 24322 Donner Court, Laguna Niguel
• Letter from Cheryl Fredenburg, 12 Pacifico, Laguna Niguel
• Letter dated February 2, 1996, from Maureen Shrubsole, 17091 Erwin Lane,
Huntington Beach
• Letter dated February 3, 1996, from Kathy Yandell, 658 Avenue "C," Redondo Beach
• Faxed letter dated February 3, 1996, from Michele Fabro Dillon, 17 Sentinel Place,
Aliso Viejo
• Letter dated February 4, 1996, from T. Winston Vickers, D.V.M., Katella Animal
Clinic, 10712 Katella Avenue, Anaheim
Jennifer Murray, Assistant to the City Manager, made an oral presentation. She recommended
that language be added to the proposed Ordinance clarifying the role of licensed veterinarians
at rodeos, as follows: "The veterinarian shall be independent of the rodeo and selected by the
local rodeo organizing committee."
Mayor Hart advised that a 15 -minute period would be allocated to representatives of those in
opposition to the Ordinance and to those in favor of the Ordinance.
Comments In Opposition to Proposed Ordinance:
(1) Jane Garrison, 3 Tawny Port, Dana Point, indicated she did not want a ban on rodeos but
just wanted to ensure the humane treatment of animals. She felt that the proposed
Ordinance should not be based on the standards of the Professional Rodeo Cowboys
Association since that organization promotes rodeos. She suggested that the Ordinance
be modified as follows: injured animals should be euthanized immediately, flank straps
should be banned, and calf roping should be limited to break away calf roping. She noted
other places throughout the world, including Pittsburgh, Pennsylvania and England, which
City Council Minutes
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2Y6/96
005
have banned flank straps, electric prods and other devices causing unnatural behavior. She
' felt that San Juan Capistrano should set an example by banning the flank strap and limits
calf roping to break away calf roping.
(2) Cari Russell, a paralegal with a law firm located at 1201 Dove Street, Newport Beach,
opposed the use of all devices on animals in rodeos to make them perform. She supported
banning rodeos; however, she felt that eliminating the use of flank straps and electric prods
would decrease the chances for altercations between rodeo spectators and persons
demonstrating for animal welfare and reduce the City's potential exposure to liability and
financial burden from property damage and injuries.
(3) Ava Park, 2600 Michelson, Irvine, spoke on behalf of the Orange County People for
Animals. She stated that the figures provided by Orange County Animal Control are false
and that many calves are injured, paralyzed, or killed as a result of rodeo activities. She
felt that Mayor Hart should abstain in this matter because of his involvement with rodeos.
She urged that the Ordinance be modified to reflect the original language proposed by Jane
Garrison to prevent any inhumane treatment of animals in rodeos.
(4) Eric Mills, P.O. Box 20184, Oakland, Coordinator of Action for Animals, indicated he
represented the national office of the Fund for Animals. He spoke in support of the
original proposal by Jane Garrison eliminating the use of harmful devices. He felt serious
reform was needed in the area of calf roping. He submitted photographs illustrating the
' harmful effects of flank straps on horses in rodeos. He requested that every rodeo be
required to have a veterinarian present, who cannot be a rodeo participant, and that
severely injured animals be euthanized immediately to avoid unnecessary suffering. He
urged that any rodeo event in San Juan Capistrano be PRCA sanctioned.
Comments In Favor Of Proposed Ordinance:
(1) Dr. Mark Secor, P.O. Box 348, Trabuco Canyon, indicated he has been a rodeo
veterinarian in the County for about five years. He stated that in those five years, he has
never had to treat an injured animal at any rodeo he attended, including calves used for
roping. He felt that the proposed Ordinance would prevent injuries to animals. He felt
that spurs, which are used as a training aid by all horsemen, were not particularly painful
to horses and that he had not observed that flank straps were causing pain. In his view
rodeo animals seemed to enjoy their work. Based on his observations, rodeos did not
seem to cause pain or be cruel to animals.
(2) Cindy Schonholtz, 8199 Clairemont Mesa Blvd., #O, San Diego, stated that professional
rodeo cowboy associations have much respect for the animals and support their humane
treatment. She felt that the proposed Ordinance met those standards and urged that the
Western heritage be kept alive in San Juan Capistrano. She noted that rodeos raise funds
for communities and charitable organizations.
(3) Becki Dulmage, 20685 Trabuco Oaks Dr, Trabuco Canyon, Deputy Director of the
Friends of Rodeo, a non-profit organization, stated that the purpose of the organization
is to educate the public on the humane treatment animals actually receive at rodeo events.
City Coursed Minutes -5- 2/6/96
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She noted the PRCA has had strict regulations have been in placed since 1947 to protect
the animals and felt that the proposed Ordinance would provide ample protection for the
rodeo animals.
(4) Dr. Douglas Corey, Pendleton, Oregon, indicated he represented the Professional Rodeo
Cowboys Association in this matter and has been on their advisory board for over thirteen
years. He stated that the regulations set forth by the PRCA ensure the humane treatment
of rodeo animals and are strictly enforce by rodeo judges. He stated that the animals live
long and healthy lives because of the care they receive, noting that the average bucking
animal only works five to eight minutes per year, after which they are turned out to
pasture. He advised that a PRCA survey concluded that less than.05% of rodeo animals
are injured. He felt that injured animals should be inspected by a veterinarian before they
are immediately euthanized. He stated that a new regulation effective January 1, 1996,
requires a veterinarian to be on site at all PRCA rodeos. He felt the proposed Ordinance
was a good Ordinance. He noted that cattle prods are used regularly by large animal
veterinarians and are not permitted in bull riding and rough stock events. He felt that the
PRCA had been the leader to assuring humane treatment of rodeo animals.
Council Comments:
Council Member Nash noted that San Juan Capistrano has a long history of equestrian events
and activities and that she has always been concerned about the humane treatment of animals.
She felt that the proposed Ordinance was a good beginning to regulating rodeos in the City and
that the Ordinance could be modified in the future if necessary. —
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 Swerdlin, that the following Ordinance be introduced, with the following
language added to Section 6-1.08: "The veterinarian shall be independent of the rodeo and
selected by the local rodeo organizing committee."
AMENDMENT TO TITLE 6 OF THE MUNICIPAL CODE - ADOPTION OF
PROVISIONS GOVERNING RODEOS AND TREATMENT OF RODEO
ANIMALS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 6, "SANITATION AND HEALTH,"
CHAPTER 1, "ANIMAL CONTROL," OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE RELATING TO THE PROHIBITION OF THE USE OF
CERTAIN DEVICES AND PROVIDING FOR HUMANE TREATMENT OF
RODEO ANIMALS
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
City Council Minutes
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2/6,96
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Council recessed at 8:06 p.m. and reconvened at 8:20 p.m.
•'• •WWq
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96WROOKM_IMIJOII II- WA 04 11 W13310
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Don Tryon, member of the Cultural Heritage Commission, noted that the Mission San Juan
Capistrano decided this year to hold the majority of its Return of the Swallows activities on
March 16 instead of the traditional St. Joseph's Day on March 19. He noted that the church
bells would be rung on both days instead of on March 19 only, as it has been for over 50 years.
He requested that the Cultural Heritage Commission be authorized to write a letter to
Monsignor Martin at the Mission requesting that this year's and subsequent years' Return of
the Swallows activities and ringing of the bells at the Mission take place on the traditional St.
Joseph's Day, March 19.
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.
' Council Member Jones felt it would be appropriate to draft a letter to Monsignor Martin
regarding the Cultural Heritage Commission's concerns, subject to review of the letter by the
Council. He emphasized that the letter should respectfully request, and not demand, the return
to the traditional day of March 19. Mayor Hart concurred, stating it was important that the City
not be involved in telling the Church what they should do. However, he felt it would be
acceptable to ask the Church to ring the bells on March 19 only for this year's event.
11
Authorization to Cultural Heritage Commission Re: Return of the Swallows Festivities:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that the Cultural Heritage Commission be authorized to draft a letter,
subject to City Council review, to Monsignor Martin at the Mission requesting that 1) future
Return of the Swallows activities at the Mission take place on the traditional St. Joseph's Day
on March 19, and 2) the bells at the Mission be rung only on March 19 this year and in
subsequent years.
It was moved by Council Member Nash, seconded by Council Member Jones, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
City Council Minute. -7- 2'6,96
11:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
9M 9 alkTAW91W41 W&VOIRMOR �� U_ I 1► •
The Minutes of the Regular Meeting of January 2, 1996, were approved as submitted.
The List of Demands dated January 17, 1996, in the total amount of $1,905,453.36 was
received and filed.
The City Treasurer's Report of Cash Fund Balances for the month of December 1995 in the
total amount of $-79,391.13 was received and filed.
fit.• � • •11 1
As set forth in the Report dated February 6, 1996, from the Engineering and Building Director,
the following Resolution was adopted declaring the construction of a new 15 -inch diameter
sewer in Avenida De La Vista to repair damage to the City's sewer crossing of Trabuco Creek
in the vicinity of Mission Street to be complete:
' • • • • . • r • •)�M;7:�elILK•7•J�'I:�YIIT.
AND SONI - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE TRABUCO
DE LA VISTA SEWER FROM CALLE SANTA BARBARA TO OSO ROAD
(ARTUKOVICH AND SON)
The Resolution accepted the work as complete in the amount of $492,575.63 and directed the
City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized
to release the 5% retention in the amount of $24,628.78 thirty-five (3 5) days after recording the
Notice of Completion.
FA&TAI' • • •LOIS]VAI a MUSIC,"
As set forth in the Report dated February 6, 1996, from the Director of Public Lands and
Facilities, the contract for the resurfacing of the Serra School basketball courts was awarded
City Council Minutes
-8- 2/6/96
009
to the lowest responsible bidder, Taylor Tennis Courts, in the amount of $20,592. All other
bids were rejected. The Mayor and City Clerk were authorized to execute the contract on
behalf of the City.
6. CONSIDERATION OF RENEWAL OF LEASE AGREEMENT OF HARRISON
FARMHOUSE (CAPISTRANO INDIAN COUNCIL) (600.20)
As set forth in the Report dated February 6, 1996, from the Administrative Services Director,
the renewal of the Lease Agreement with the Capistrano Indian Council was approved for the
operation and maintenance of the Harrison Farmhouse, located at 27832 Ortega Highway, for
a one-year period at a cost of $1.00 per year. The Mayor was authorized to execute the Lease
Agreement on behalf of the City.
As set forth in the Report dated February 6, 1996, from the Engineering and Building Director,
the following Resolution was adopted approving the Access, Maintenance, and Improvement
Cooperation Agreement with Barbara Shea -Han for Parcels 1 and 2, Parcel Map 95-124 for the
Mission Kiln property located at 31401, 31405 El Homo Street:
RESOLUTION NO. • .APPROVINGMAINTENANCE",
ItkiP'ROVEMENT—CDOPEIZATLON—AGYEEMELT - 31401 4,110; 3140i
HORNO STREET_ ALSO KNOWN AS THE KILN PROPERTY (PARCELS 1 &
2 PARCEL MAP 95-124) (SHEA-HAN) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AN ACCESS, MAINTENANCE, AND IMPROVEMENT
COOPERATION AGREEMENT AFFECTING PARCELS 1 AND 2 OF PARCEL
MAP 95-124, LOCATED AT 31401 AND 31405 EL HORNO STREET, SAN
JUAN CAPISTRANO, ALSO KNOWN AS THE KILN PROPERTY
(SHEA-HAN)
The Resolution authorized the Mayor and City Clerk to execute the Agreement and directed the
City Clerk to forward the Agreement to the County Recorder.
As set forth in the Report dated February 6, 1996, from the Administrative Services Director,
the specifications were approved for the replacement of the City's 286 stand-alone personal
computers with upgraded equipment to provide capacity for Windows and WordPerfect for
' Windows to be compatible with all City departments. Staff was authorized to call for bids per
the system specifications.
City Council Minutes -9- 216/96
010
M X 01 PODIUM
As set forth in the Report dated February 6, 1996, 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 assist first-time homebuyers:
• -411 1' • ! •
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING CONTINUED
PARTICIPATION IN THE MORTGAGE CREDIT CERTIFICATE PROGRAM
WITH THE COUNTY OF ORANGE FOR FIRST-TIME HOMEBUYERS
(COUNTY OF ORANGE)
1 • \9 • W13 • • 1 �• �► 1 1
The Claim for Damages filed by Arthur S. Frumkin of the law offices of Fox & Frumkin, on
behalf of San Juan Golf, Inc., was denied in its entirety, as set forth in the Report dated
February 6, 1996, from the City Attorney.
None.
Council recessed at 8:26 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 8:30 p.m. as the City Council.
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Written Communication:
Report dated February 6, 1996, from the City Manager, recommending that consideration of
the implementation of the 800 MHz system be continued to the meeting of February 20, 1996,
for further evaluation of the governance issue by city managers.
City Counoil Minutes -10- 2/6/96
Oil
Continuance of Item:
' It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that this item be continued to the meeting of February 20, 1996, per the
request of staff.
Y I:
Written Communications:
(1) Report dated February 6, 1996, from the City Attorney, recommending that an Urgency
Ordinance be adopted amending the City's massage licensing ordinance to conform to the
model ordinance of the County in order to facilitate greater coordination of background
checks and vice enforcement activities with law enforcement with regard to certain types
of massage operations.
(2) Memorandum dated February 6, 1996, from the City Clerk, advising that students from
a massage therapy school would be in attendance at the meeting.
(3) Letter dated February 6, 1996, from Chris Voltarel of Head to Toe Massage Therapy,
' representing the Orange County Unit of the American Massage Therapy Association,
offering assistance in developing a stringent massage therapy ordinance for the City.
Public Comments:
(1) Sherry Laursen, 25881 Avenida Mariposa, indicated she has been a local massage
practitioner for over ten years. She urged that illegitimate massage therapy not be
tolerated by placing a cap on licensing and regulating vice checks.
(2) Robert B. Meyer, 25881 Avenida Mariposa, associate of Sherry Laursen Associates,
spoke in favor of requiring 1) background checks for massage therapists and 2) 200 hours
of education. He felt that requiring additional hours for education would force many
legitimate therapists to go back to school or lose their license.
(3) Carmen Penna, 34832 Calle Lonia, Capistrano Beach, a massage therapy practitioner in
San Juan Capistrano, requested that the proposed Ordinance not be adopted until the
Council has had a chance to read the resources she could provide. She felt that requiring
a therapist to have 500 hours of education was excessive, noting she had less than that but
had credentials in pregnancy and pediatric massage.
(4) Gregory Perez, 789 W. 18th Street 42E, Costa Mesa, a student of a massage therapy
school accredited by the Massage Therapy Association, suggested that before adopting
. the Ordinance, the Council should be informed by professionals in the field regarding the
steps necessary to do massage therapy. He felt that requiring five years of experience for
City Comcil Minutes -11- 2/6/96
012
therapists would limit the number of potential practitioners who have acquired many years
of education in the field.
(5) Tun Bolen, publisher of The Swallows Tale magazine, noted that Carmen Penna was his
personal massage therapist and spoke regarding the healing benefits of the therapy. He
felt that alternative and preventative medicine was the way of the future and that the
professionals must be distinguished from those who abuse the practice. He urged that staff
obtain input from professionals in the field in developing an appropriate ordinance to be
more fair in allowing legitimate therapists to practice in the City.
(6) Dr. Mike Hungerford, Owner and President/Dean of the American Institute of Massage
Therapy and Sports Massage Training Institute, 2156 Newport Boulevard, Costa Mesa,
advised that massage therapy has been used by Olympic athletes for over 32 years and that
massage therapy was the third largest growing industry in the United States. She noted
her work in assisting other cities and agencies in formulating massage license regulations.
She felt that therapists with insufficient education, or less than 500 hours, could be
dangerous, and the public must be protected from practitioners who are untrained. She
noted occupations which require more than 250 hours of education, including barbers,
manicurists, skin therapists, physical therapists, and acupuncturists. She urged that
licensed therapists be required to have 500 hours of education, as required by the
American Massage Therapy Association.
In response to an inquiry by Council Member Swerdlin, Mr. Denhalter advised that the new
regulations would apply to all massage therapists seeking licenses in the City, including existing
practitioners at the time of their yearly Business License renewal. He noted that the Ordinance
would require 200 hours of education and five years of experience, which is based on the
County's requirements. In formulating the proposed Ordinance, he indicated that all of the
associations referred to by the speakers were contacted, as well as other city attorneys. He
encouraged legitimate therapists to provide their input to staff to better distinguish vice
activities from the legitimate ones. In the meantime, he stated that the proposed Ordinance
would provide the Sheriff's Department with the tools they needed to address existing
problems.
Adoption of UJrgencyOrdinance Regarding Massage Licensing:
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 Nash, seconded by
Director Campbell, that the following Urgency Ordinance be adopted:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 5, CHAPTER 24 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE RELATING TO MASSAGE LICENSING (URGENCY)
City Council Minutes
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013
PLANNING D F TO
Written Communications:
(1) Report dated February 6, 1996, from the Planning Director, recommending that the
request by property owner Marguerite Kennedy be approved, with conditions, for the
construction of a two -car garage and a 471 -square -foot addition to the existing residence
at 28012 San Juan Creek Road. The proposed Land Use Adjustment would allow a 22'
6" rear yard setback instead of the required 25 feet. Staff proposed a new condition
requiring that the garage be rotated to situate its north wall parallel and consistent with the
minimum front yard setback.
(2) Memorandum dated February 2, 1996, from the Planning Director, regarding the petition
' received from the Hidden Mountain Homeowners Association requesting that the existing
bunkhouse on the property be architecturally reviewed by the City.
(3) Letter dated February 5, 1996, from Mary L. Meyers, 27981 Via Del Cerro, strongly
urging that the property not be modified in any way.
(4) Letter dated February 5, 1996, from Anke McCollum, 28001 Via Del Cerro, requesting
that the subject property be preserved "as is" by the City because of its historic relevance.
(5) Letter dated February 2, 1996, from Mr. and Mrs. Gerald P. Gamble, 31572 Via Dulcinea,
requesting that the proposed site plan be denied in favor of a plan that would enhance the
existing ranch style structure and address safety concerns.
(6) Petition dated January 15, 1996, signed by 85 members of the Hidden Mountain
Homeowners Association, in protest of any construction on the property without
architectural review to ensure harmony with the existing historic bunkhouse.
Continuation of Item to Meeting:
It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously
carried that this item be continued to the meeting of March 5, 1996, at the request of staff.
Council Member Campbell requested that staff ensure that all interested parties are notified of
the continuance.
The following item was heard out of order from the agenda for the benefit of those in attendance.
City Council Mims[ -13- 2/6/96
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
'
NOES: None
ABSENT: None
PLANNING D F TO
Written Communications:
(1) Report dated February 6, 1996, from the Planning Director, recommending that the
request by property owner Marguerite Kennedy be approved, with conditions, for the
construction of a two -car garage and a 471 -square -foot addition to the existing residence
at 28012 San Juan Creek Road. The proposed Land Use Adjustment would allow a 22'
6" rear yard setback instead of the required 25 feet. Staff proposed a new condition
requiring that the garage be rotated to situate its north wall parallel and consistent with the
minimum front yard setback.
(2) Memorandum dated February 2, 1996, from the Planning Director, regarding the petition
' received from the Hidden Mountain Homeowners Association requesting that the existing
bunkhouse on the property be architecturally reviewed by the City.
(3) Letter dated February 5, 1996, from Mary L. Meyers, 27981 Via Del Cerro, strongly
urging that the property not be modified in any way.
(4) Letter dated February 5, 1996, from Anke McCollum, 28001 Via Del Cerro, requesting
that the subject property be preserved "as is" by the City because of its historic relevance.
(5) Letter dated February 2, 1996, from Mr. and Mrs. Gerald P. Gamble, 31572 Via Dulcinea,
requesting that the proposed site plan be denied in favor of a plan that would enhance the
existing ranch style structure and address safety concerns.
(6) Petition dated January 15, 1996, signed by 85 members of the Hidden Mountain
Homeowners Association, in protest of any construction on the property without
architectural review to ensure harmony with the existing historic bunkhouse.
Continuation of Item to Meeting:
It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously
carried that this item be continued to the meeting of March 5, 1996, at the request of staff.
Council Member Campbell requested that staff ensure that all interested parties are notified of
the continuance.
The following item was heard out of order from the agenda for the benefit of those in attendance.
City Council Mims[ -13- 2/6/96
014
Written Communications:
(1) Report dated February 6, 1996, from the City Attorney, recommending that an Urgency
Ordinance be adopted imposing a moratorium on the approval of business license
applications and building permit plans for masseuses, masseurs, and massage facilities in
the City for a period of 45 days, with an extension allowed per Government Code Section
65090. The Report also recommended that a Code Amendment be initiated to establish
Land Use Code provisions for such uses.
(2) Memorandum dated February 6, 1996, from the City Clerk, advising that students from
a massage therapy school would be in attendance.
(3) Letter dated February 6, 1996, from Chris Voltarel of Head to Toe Massage Therapy,
representing the Orange County Unit of the American Massage Therapy Association,
offering assistance in developing a stringent massage therapy ordinance for the City.
Mr. Tomlinson made an oral presentation, noting that it would take several months for staff to
confer with interested groups to develop a permanent Ordinance. Mayor Hart recommended
that input be obtained from Dr. Hungerford.
Adoption of Urgency Ordinance Regarding Massage i n ing:
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
Director Swerdlin, that the following Urgency Ordinance be adopted:
I►• _ I U•L• •' �u •►
OF BUILDING DIN PERMIT PLANS FOR MASSEUSES. WASSLUES. ANI)
MASSAGE THERAPISTS (URGENCY) - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A MORATORIUM
ON THE APPROVAL OF BUSINESS LICENSE APPLICATIONS AND THE
APPROVAL OF BUILDING PERMIT PLANS FOR MASSEUSES, MASSEURS,
AND MASSAGE THERAPISTS (URGENCY)
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
City Council Minute.
14-
2/6/96
015
Adoption of Resolution Initiating Consideration of a Code Amendment to Establish Land
Use Code Provisions for Masseuses- Masseurs. and Massage Facilities:
It was moved by Council Member Jones, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO. 96-2-6-4. INITIATION OF AMENDMENT TO TITLE 9_
REGULATION OF MASSEUSES—MASSEURS-AND MASSAGE FACILITIES -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING THE PREPARATION AN
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE REGARDING
REGULATION OF MASSEUSES, MASSEURS AND MASSAGE FACILITIES
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
3. REQUEST TO INITIATE CONSIDERATION OF GENERAL PLAN AMENDMENT
95-04 FOR PROPERTY LOCATED AT 32926 VAL LE ROAD. ASSESSOR'S PARCEL.
' NO. 666-310-02 (NESS) (44025)
Written Communications:
(1) Report dated February 6, 1996, from the Planning Director, recommending that
consideration of the request by Robert D. Mickelson, on behalf of the Ness Estate, be
initiated with respect to the land use designation for the Ness property (located
approximately 3,000 feet north of San Juan Creek Road on the east side of Valle Road)
to allow development of a num-warehouse self -storage facility. The property is designated
"SS, Special Study Area" on the City's Land Use Element of the General Plan with a
"Noise Impact Area Overlay" designation, and is zoned Growth Management (GM).
(2) Letter dated February 2, 1996, from Richard A. Hall, owner of the Capistrano Terrace
Mobile Home Park located adjacent to the subject property, in support of the proposed
self -storage facility use.
Mr. Tomlinson made an oral presentation. He requested that the Council advise the applicant
at this time if they felt the proposed land use was not worthy of study in order to avoid the time
and expense by the applicant in processing the application.
Robert D. Mickelson, representing the Ness Estate, concurred with the staff recommendation
and submitted aerial photographs of the site.
City Council Minuka -15- 116/96
016
Council Member Nash felt that the same development standards for the previous zoning of the
property (Special Study, Attachment 5 to the Report) should apply to the new proposal and be
a part of the proposed General Plan Amendment for the site, including hillside preservation,
architectural compatibility, etc. She also recommended that staff consider alternate uses for the
site other than a mini -storage facility to avoid the view of a line of storage facilities along the
freeway. Council Member Swerdlin concurred, noting he had concerns with such a large facility
being located in a rural area and so visible from the freeway.
Council Member Campbell indicated that although she lives within 2,500 feet of this project,
she would participate since she felt she would have no financial gain or loss to her property as
a result of this project. She noted that the site is zoned for both private recreational and public
institutional uses and expressed concern with the loss of recreational land in the City. Although
she felt that this site was not particularly appropriate for recreational uses, she did not want to
give the applicant the impression that only a storage facility was warranted for the site without
further review of other potential uses.
Adoption of Resolution Initiating Consideration of General Plan Amendment 95-04:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the
following Resolution be adopted, with direction to staff that the same development standards
as the previous zoning of the property (Special Study, Attachment 5 to the Report) be applied,
including tree and hillside preservation, circulation and access, compatibility of architecture and
with the adjacent residential neighborhood, and noise:
RESOLUTION NO 96-2-6-5 INITIATING CONSIDERATION OF A GENERAL .
PLAN AMENDMENT - 32926 VAL LE ROAD (NESSXIJU .LS-YATES STUDY
AREA) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, INITIATING CONSIDERATION OF A
GENERAL PLAN AMENDMENT REGARDING THE NESS PROPERTY AT
32926 VALLE ROAD (ELKINS/YATES STUDY AREA)
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
Council recessed at 9:34 p.m., and reconvened at 9:40 p.m.
City Council Minutes
-16-
L6,96
1. INITIATION OF EMINENT DOMAIN PROCEEDINGS FOR
CONSTRUCTION/EMERGENCY ACCESS - TRACT 13726 (AREA H). TOLL
' • M,I OT • (AREA Q PACIFIC C• u1ul JU1M BUILDERS
••
Written Communications:
Report dated February 6, 1996, from the Engineering and Building Director, recommending that
a Resolution of Necessity be adopted initiating eminent domain proceedings and setting a public
hearing date of March 5, 1996, to facilitate an easement for construction and emergency access,
while negotiations regarding this easement would continue between Toll Brothers and Pacific
Community Builders.
Council Member Swerdlin felt that the City needs to be cautious in initiating eminent domain
proceedings; however, he felt that in this case it was warranted. Mayor Hart concurred and
requested that the situation be monitored very closely by staff. Mr. Huber noted his intention
to meet again with both parties to work out a satisfactory solution in this matter.
Adoption of Resolution of Necessity Initiating Eminent Doman Proceedings:
It was moved by Council Member Jones, seconded by Council Member Nash, that the following
Resolution be adopted:
RESOLUTION NO, • •-2-6-6. AUTHORIZING AC• 1 • \ • ul_
FOR CONSTRUCTION AND EMERGENCY ACCESS ROAD - LOT D. T
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE ACQUISITION OF AN
EASEMENT FOR CONSTRUCTION AND EMERGENCY ACCESS ROAD
PURPOSES AND THE EXPENDITURE OF FUNDS THEREFORE, AND THE
INSTITUTION OF EMINENT DOMAIN PROCEEDINGS - TRACT 13865, LOT
D (PACIFIC COMMUNITY BUILDERS/TOLL BROTHERS)
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
The Resolution set the public hearing for the City Council meeting of March 5, 1996.
City Council M=t" -17- 2/6/96
M
Written Communication:
Report dated February 6, 1996, from the Director of Public Lands and Facilities, recommending
that the Agreement with the City, Agency, and J&W Farms be renewed for a one-year period
ending March 1997 for the management of the Kinoshita Farms property. The Agreement
provides the City and the Agency with 3% of the gross proceeds from sale of the farm produce
and excludes the Congdon House.
Council Member Nash felt that the original agreement with J&W Farms was now out of date
with regard to use of the property due to approval of the Sports Park. She recommended that
language referring to any use of the property other than agriculture be eliminated.
Approval of Agreement with J&W Farms:
It was moved by Council Member Nash, seconded by Council Member Campbell, and
unanimously carried that the Agreement among the City, Agency, and J&W Farms be renewed
for a one-year period ending March 16, 1997, for the management of the Kinoshita Farms
property, subject to the deletion of language referring to any use of the property other than
agricultural. The Mayor and Agency Chairman were authorized the execute the Agreement on
behalf of the City and Agency.
Written Communication:
Report dated February 6, 1996, from the Director of Public Lands and Facilities, recommending
that the existing 2,300 lineal feet of painted curb in the downtown area be removed and signs
installed to restrict parking in the area.
Mr. Arranaga made an oral presentation. Lt. Sullivan noted that the subject curb included
restricted and "no parking" areas.
Council Member Nash felt that this proposal did not reflect the intent of earlier Council
discussions regarding the elimination of unnecessary signage in the downtown area. She felt
that painted curbs would be more effective and have a better appearance despite the small
additional costs involved. She felt that parking signs competed for visual attention with business
signage.
Lt. Sullivan explained that parking enforcement is more difficult with painted curbs if they are
not maintained well. He stated that courts rule in these cases as to what is "reasonable," noting
that "No parking entire block" signs are usually acceptable for enforcement. He suggested that
staff determine whether even more signs could be removed than proposed.
City Council Minutes
.tg_ 2/6/96
019
Council Member Swerdlin explained that he had pursued this matter to clean up the appearance
' of the curbs in the downtown area and that the parking restrictions were to promote turnover
for the downtown businesses. As a businessman in the downtown area for over fourteen years,
he felt that signs were more effective than painted curbs but concurred with the need to reduce
the proliferation of signs as well. He recommended that staff determine how many signs could
be removed and still ensure enforcement of parking restrictions. He also suggested that staff
discuss with the Chamber and local businesses the installation and watering of color plantings
to beautify the downtown area.
Mayor Hart suggested that staff determine the best location for the signs, which ones could be
removed, and appropriate time restrictions. Council Member Nash urged that as many signs as
possible be removed.
Approval to Remove Painted Curb and Install Signs to Restrict Parking in the Downtown
Area:
It was moved by Council Member Swerdlin, seconded by Council Member Jones, and
unanimously carried that the existing 2,300 lineal feet of painted curb in the downtown area be
removed and signs installed to restrict parking in the area. Staff was directed to remove all
unnecessary signs and still ensure enforcement of parking restrictions and to evaluate the times
for restricted parking.
3. REQUEST BY FIESTA ASSOCIATION TO USE HI TO I . TOWN CENTER P RK
SITE FOR MERCADO (150.60)
Written Communication:
Report and Supplemental Report dated February 6, 1996, from the Director of Public Lands and
Facilities, recommending that the Fiesta Association's request be approved to use the Historic
Town Center Park site for the 1996 Mercado event. The Report recommended that the site be
covered with wood chips for the event at no cost to the City.
Mr. Arranaga made an oral presentation. He noted that although the Fiesta Association would
probably use other sites for the majority of the event, including the Love and Mitchell lots, they
had requested permission to use a portion of the park site if it became necessary.
Discussion ensued regarding use of the park site at this time and the potential impacts to the
City's future improvement plans. Council Member Jones felt that the Fiesta Association should
provide the City with a plan as to how much of the site they intended to use.
Approval of Use of Historic Town Center Park Site for 1996 Mercado:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
unanimously carried that the Fiesta Association's request be approved to use the Historic Town
Center Park site for the 1996 Mercado event. Staff was authorized to prepare the site with
wood chips and obtain a plan from the Fiesta Association for the proposed use of the area for
I
the event within two weeks
City Council Minutes -19- 2!6!96
020
Written Communication:
Report dated February 6, 1996, from the City Clerk, advising that the Ordinance was introduced
at the meeting of January 16, 1996, 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 Swerdlin, seconded
by Council Member Campbell, that the following Ordinance be adopted:
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 4 OF THE MUNICIPAL CODE BY ADDING A NEW
CHAPTER 8 ENTITLED "DESIGNATION OF VERY HIGH FIRE HAZARD
SEVERITY ZONES WITHIN THE CITY" AND ESTABLISHING
PROCEDURES FOR THE MODIFICATION OF VERY HIGH FIRE HAZARD
SEVERITY ZONES
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
• " • , cul_ • • 1 � • � • • Elul • • 1 1
Written Communication:
Report dated February 6, 1996, from the City Manager, recommending that two Council
Members be appointed to work with the Chamber of Commerce on the Chamber's request to
select a City motto.
Appointment of Council Members:
It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously
carried that Council Members Campbell and Swerdlin be appointed to work with the Chamber
of Commerce on suggestions for a City motto for future Council consideration. —
City Council Minutes
-20- 116/96
021
2. ORAL REPORTSOF OUTSIDE AGENCEES
a. ,.n Joaquin Hills Transportation Corridor (800,50)
Council Member Campbell noted that the paving should be completed by February 7,
1996.
M.- vp ITOMm6a Me. oil
Council Member Swerdlin noted the meeting held January 25 at which the Authority voted
to approve the County's proposal for the 800 MHz communication system. He stated that
the issue of governance appeared to be a moot issue since the 21 cities participating in the
joint powers authority would have control anyway.
• ,.t•- •.i ♦, - U..t.•- 1.'1 •nil. •i 171 1 1
Council Member Nash noted that the February meeting was canceled. She report on the
Ad Hoc Sanitation District meeting held this week, noting that studies being conducted
appeared favorable for purchasing the landfills from the County. She noted the meeting
scheduled for February 13 for a presentation to the District.
STATE-OECOUNCEL COMMENTS
•::.\ • A• •\•UAB. . 1 .1
Council Member Swerdlin noted his attendance earlier this date at U.C. Irvine regarding the
state of the economy for Orange County. A survey of large and small businesses concluded that
retail sales would probably remain flat.
Council Member Swerdlin indicated he attended the Saddleback College Association of
Students Government meeting on Thursday, February 1, at which the students voted not to
agendize the Pledge of Allegiance for their meetings in the future. He noted that the decision
was supported by the school's Dean and faculty members. He added that the Dean also felt that
the Pledge of Allegiance should be eliminated from executive meetings since the time could
better be spent on items of business. Council Member Swerdlin expressed strong disagreement
with the students' and the Dean's decisions. He urged the Council to adopt a Resolution in
support of the Pledge of Allegiance because the Pledge represents the ideals we, as a country,
wish to achieve and honors those who sacrificed their lives to uphold these ideals. He felt that
the City's Resolution would make the students aware of the consequences of their action. He
noted that the meetings are publicly funded and felt that the public may make fewer
' contributions to scholarships and endowment funds for the college when they become aware
of this decision. He suggested that the matter could even be taken to the State level to adopt
a statute that would require the Pledge of Allegiance to be agendized for meetings of any entity
City Council Minutes -21- 216/96
022
that spends public funds. He noted that people have the freedom not to say the Pledge, if
desired.
Finding for Consideration of Off -Agenda Item:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, to find that
this item was not available prior to publication of the Council agenda and consideration was
necessary at this time. The motion was carried by a 4-1 roll call vote, with Council Member
Nash voting in opposition.
Council Member Swerdlin urged that a Resolution be adopted supporting the Pledge of
Allegiance in response to the actions taken by the Association of Students Government to deny
this privilege. He stated that the Resolution should contain language regarding respect for the
freedom of speech and stating that any governing body which accepts public funds should be
required to agendize the Pledge for its meetings.
Mayor Hart suggested that the Resolution should address only the City's concerns and should
not be directed toward an outside entity, i.e. the college. Council Member Jones felt that the
Resolution should be issued to the college since they obviously took a serious matter too lightly.
Council Member Nash indicated her strong support for the Pledge in public places but felt that
the City should not be in the position of advising another organization on how to run their
meetings. She stated that as an individual, she had the right to advise the college of her feelings
in the matter, but that the City has no direct connection with the college and should not be _
involved.
Authorization to Prepare Resolution Re Pledge of Allegiance at Saddleback College
Student Meetings:
It was moved by Council Member Swerdlin, seconded by Council Member Jones, that staff be
directed to prepare a Resolution, for Council adoption as a future Consent Calendar item,
stating the City's concerns regarding the deletion of the Pledge of Allegiance from agendas for
meetings of the Saddleback College Students Association. The motion was carried with
Council Member Nash voting in opposition.
Council Member Campbell noted that as the City's representative on the Transportation
Corridor Agency, she would support the removal of tolls from the road as soon as the road is
paid for. She felt that the tolls would not be removed should the two agencies consolidate.
•olid reBRULGIUC WOVll,_ u KO 03 MY13121OUIX'1111
Council Member Campbell suggested the meeting be adjourned in memory of Mike Madigan,
who recently passed away, and that letters of condolence be forwarded to Marge Madigan.
City Council Minutes -22- 2/6/96
023
5. SPORTS PARK - COMMUNITY CENTER (5 530,401
' Council Member Campbell requested, and it was the consensus of the Council, that staff be
directed to do everything possible to fast track the completion of the Community Center at the
Sports Park. Mr. Scarborough indicated he would provide an update to the Council this week
on ways to hasten the progress.
Council Member Campbell suggested that revenues received from J&W Farms be earmarked
to restore the Congdon House.
Authorization to Add Item to Closed Session Agenda:
It was moved by Council Member Jones, seconded by Mayor Hart, and unanimously carried to
find that information regarding the following item was not available prior to publication of the
agenda and discussion was necessary at this time: Conference with Legal Counsel, Existing
Litigation, per Government Code Section 54956.9, for the case known as McLaughlin, etc., et
al v. City of San Juan Capistrano and the Community Redevelopment Agency.
Council recessed to a Closed Session at 10:47 p.m. for:
Conference with Real Property Negotiator per Government Code Section 54956.8 for property
located at the Old Elementary School site at the comer of El Camino Real and Acjachema,
Parcels A and B on Parcel Map 80-853, and related parcels, with Capistrano Unified School
District as the negotiating party, to consider price and terms of payment;
2. Conference with Real Property Negotiator per Government Code Section 54956.8 for property
known as a portion of Parcels 1 through 5 of Parcel Map 85-306 in the City of San Juan
Capistrano, County of Orange, State of California, with Toyota as the negotiating party, to
consider price and terms of payment;
Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9(a),
for the case known as Hassett v. City of San Juan Capistrano;
4. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9(a),
for the case known as Vasquez Produce, et al v. City of San Juan Capistrano;
5. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9(a),
for the case known as Blackman v. Amtrak,
City Cou it Minute. -23- 2/6/96
024
Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(b), for significant exposure to litigation in three cases, and Government Code Section
54956.9(c), the initiation of litigation in three cases;
Conference with Labor Negotiator per Government Code Section 54957.6, with George
Scarborough, City Manager, in discussion with the Classified Employees Association; and
Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9,
for the case known as McLaughlin, etc., et al v. City of San Juan Capistrano and the
Community Redevelopment Agency.
The City Clerk was excused therefrom, and the meeting reconvened at 11:30 p.m.
/ ► 1 1► 1__11 1_ _I_ .. 1►
Mr. Denhalter advised that with regard to Closed Session item #7, the Council unanimously
authorized the City Manager to provide reserve pay to one employee and to waive Council policy on
that issue. There was no action to report on any of the remaining items.
"111111raclol ►
There being no further business before the Council, the meeting was adjourned at 11:30 p.m., in
memory of Mike Madigan, to an Adjourned Regular Meeting on Tuesday, February 13, 1996, at 1:00
p.m. in the City Council Chamber.
ATTEST:
WYAT T, MAYOR
City Council Minutes
Respectfully submitted,
CHERYL J01INSO , CITY CLERK
-24-
2/6/96
I
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 February 6, 1996, adjourned said meeting to
Tuesday, February 13, 1996, at 1:00 p.m., in the City Council Chamber, 32400 Paseo Adelanto,
San Juan Capistrano.
DATED: February 7, 1996
Cheryl Johns , Ci 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
February 7, 1996, 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 ' , CoClerk
San Juan Capistrano, California
025