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96-0305_CC_Minutes_Regular Meeting053 MARCH 5, 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 led by Eagle Scout Ryan Elgram, who was accompanied by his father Roger, and his brother Scott. Invocation was given by Mayor pro tem David Swerdlin. 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. MOTION TO READ BY TITLE ONLY It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously carried that all Ordinances be read by title only. 1 11 1►311 iizi• 11•►s IJm 111211 &V • • ► • • OVIUVI M3 L630:19 : MIMI W04 sol 101LIJI Mayor pro tem Swerdlin introduced the following Commission representatives in attendance: Bill Sonka and Sheldon Cohen (Planning Commission), Ed Johnson (Transportation Commission and Mobile Home Park Review Committee), Pauline Leonard and Jill Hanna (Parks, Recreation, and Equestrian Commission), Bill Hardy (Los Rios Review Committee), Don Tryon (Cultural Heritage Commission), and Al Simmons (senior liaison). City Council Minutes -1- 3/5/96 054 ORAL COMMUNICATIONS (CITY COUNCIU/COMMUNITY REDEVELOPMENT AGENCY) 1. TASTE OF SAN JUAN (,150.60) Rita Tanner Propersi, on behalf of the Fiesta Association Board of Directors, expressed appreciation to the staff of Al King and George Scarborough, Cox Cable TV, and participating restaurants for their assistance in making the recent Taste of San Juan a successful event. She noted that this event collected $7,000 and was the most successful for the Fiesta Association to date. 2. DONATION TO COMMUNITY CENTER (150.10) Marge Madigan, 33831 Camino Capistrano, presented a $1,000 check to the City from the Seniors Club in memory of her husband, Mike Madigan, to be used for the new Community Center. She thanked the many people who contributed to this donation. ♦ 1 . It was moved by Council Member Jones, seconded by Council Member Nash, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: City Council Minutes AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart NOES: None ABSENT: None The Minutes of the Regular Meeting of February 6, 1996, were approved with the following modification: Page 2, item 43 was modified to show that Mayor pro tem Swerdlin introduced the Commissioners in attendance. The Minutes of the Adjourned Regular Meeting of February 13, 1996, were approved as submitted. .2- 3/5/96 055 2. RECEIVE AND FILE WARRANTS OF FEBRUARY 14. 1996 (300.30) The List of Demands dated February 14, 1996, in the total amount of $319,797.98 was received and filed. • •1:F. ■ :: : ► s Jam• • : �,l ' • . 1 The City Treasurer's Report of Cash Fund Balances for the month of January 1996 in the total amount of $59,679.24 was received and filed. Imml .4• .11 1 As set forth in the Report dated March 5, 1996, from the Public Lands and Facilities Director, the bid for the abatement of weeds for the two-year period of 1996 and 1997 was accepted as complete and the contract awarded to the lowest responsible bidder, Ed Stewart & Associates, in the total amount of $26,883.42, or $13,441.71 per year. All other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 13726 (TOLL BROTHERS) (600.30) As set forth in the Report dated March 5, 1996, from the Director of Engineering and Building, the Final Map for Tract 13726 (Planning Area H) was approved, based on the finding that the Map is in conformance with the Subdivision Map Act, the approved Tentative Map, and the conditions set forth by City Council Resolution No. 91-6-18-4. The City Engineer and City Clerk were authorized to execute the Final Map, and the Mayor and the City Clerk were authorized to execute the Subdivision Improvement Agreement and accept the corresponding securities. The City Clerk was directed to record the Map and the Agreement with the County Recorder. • • • • 1 a Wkels1URK IV 0 As set forth in the Report dated March 5, 1996, from the Engineering and Building Director, the following Resolution was adopted accepting the Easement Deed for emergency and construction access purposes (sewer, drainage, and trail facilities) within Lot D of Tract 13865: City Council mmutes -3- 3/5/96 056 RESOLUTION NO 96-3-5-1 ACCEPTANCE OF EASEMENT DEED - LOT D TRACT 13865 AREA C (PACIFIC COMMUNITY BUiLDERSI (TOLL BROTHERS. TRACT 13726, AREA H - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT DEED FOR EMERGENCY AND CONSTRUCTION ACCESS PURPOSES WITHIN LOT D, TRACT 13865, FROM PACIFIC COMMUNITY BUILDERS (TOLL BROTHERS, TRACT 13726) The Mayor and City Clerk were authorized to execute the Resolution, and the City Clerk was directed to forward the Easement Deed to the County Recorder. The Claim for Damages filed by Lance A. Adair of the law offices of Jackson, DeMarco & Peckenpaugh, on behalf of ARV Assisted Living, Inc., was denied in its entirety, as set forth in the Report dated March 5, 1996, from the City Attorney. DENIAL OF A_ U • ,U_.GES (NATIOILIDWE •I .. • . (170 1I The Claim for Damages filed by Lance A. Adair of the law offices of Jackson, DeMarco & Peckenpaugh, on behalf of Nationwide Health Properties, Inc., was denied in its entirety, as set forth in the Report dated March 5, 1996, from the City Attorney. CALIFORNIA L•) (600,30 As set forth in the Report dated March 5, 1996, from the Engineering and Building Director, the following Resolution was adopted 1) assigning the Improvement Agreements from Glenfed to Taylor Woodrow Homes California Ltd. for Tracts 13436, 13437, and 13866, and 2) approving the substitution of the Glenfed bonds with equivalent sureties from Taylor Woodrow Homes: City Council Minutes 11MI rrr INY Its I 0111ZI 1 1.0 r:. a 01I•a 19F.10111M.1 t • TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF IMPROVEMENTS AND THE SURETY SUBSTITUTION TO TRANSFER ALL OBLIGATIONS, DUTIES, AND RIGHTS FROM THE GLENDALE FEDERAL BANK (GLENFED) TO TAYLOR WOODROW HOMES CALIFORNIA LTD. -4- 3/5/96 057 HEARINGSPUBLIC 1. RESOLUTION TERMINATING EMINENT DOMAIN PROCEEDINGS TO SECURE EMERGENCY/CONSTRUCTION ACCESS EASEMENTTRACT 13726, AREA H. AND TRACT 13865, 1 OT D- AREA C (TOLL •• : iCO :TY BUILDER�) -0 Proposal: Consideration of a staff recommendation to terminate eminent domain proceedings, which were authorized by the City Council on February 6, 1996, for a construction and emergency access easement within Lot D, Tract 13865. The necessary access easement was accepted under the Consent Calendar earlier on the Agenda. Written Communication: Report dated March 5, 1996, from the Engineering and Building Director, recommending that eminent domain proceedings by the City be terminated due to the completion of negotiations between Pacific Community Buildings and Toll Brothers for granting the subject easement. Mr. Huber made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Hart opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Adoption of Resolution Terminating Eminent Domain Proceedings: It was moved by Council Member Campbell, seconded by Council Member Jones, that the following Resolution be adopted: • ulul 1►I ll • ; •OR M TOM I C 161% 6TITM MM. GLENFED AREA Hl - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, TERMINATING EMINENT DOMAIN PROCEEDINGS FOR EMERGENCY AND CONSTRUCTION ACCESS PURPOSES WITHIN LOT D, TRACT 13865, GLENFED AREA C - PACIFIC COMMUNITY BUILDERS (TOLL BROTHERS, TRACT 13726, GLENFED AREA H) The motion carried by the following vote: AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart NOES: None I ABSENT: None City C.v .il Minuet -5- 3/5/96 058 ••110 NOWFILIN11" 001-OWILMEM 110 w L4iwaqcjo •:.. • •I I 1412ra. ...i xxe.�� Proposal: Consideration of appeal filed by San Juan Golf, Inc., relating to the Planning Commission's action of January 23, 1996, in which the Commission denied a request for a Conditional Use Permit to allow night lighting of the San Juan Hills Driving Range. Appellant: San Juan Golf, Inc. Attn: Rick Parillo 32120 San Juan Creek Road San Juan Capistrano, CA 92675 Written Communications: (1) Report dated March 5, 1996, from the Planning Director, recommending that the Planning Commission's denial of Conditional Use Permit 95-06 be upheld based on the finding that outdoor recreational lighting is not compatible with the residential character of the area. (2) Petition received March 5, 1996, with 618 signatures in support of the proposed Conditional Use Permit to allow night lighting at the driving range. The following correspondence was received in opposition to the proposed Conditional Use Permit: (3) Letter dated March 5, 1996, from Doris and B. F. Dismuke, 32055 Via Buena. (4) Letter dated March 5, 1996, from Evelyn K. Vance, 32093 Via Buena. (5) Letter received March 5, 1996, from Wallace A. Vance, 32093 Via Buena. (6) Letter dated March 5, 1996, from Richard and Katy Bradford, 32085 Via Buena. (7) Letter dated March 5, 1996, from resident at 32083 Via Buena. (8) Letter dated March 3, 1996, from Charles L. Patris, 27102-C Calle Caballero. (9) Letter dated March 2, 1996, from Burt and Emily Sims, 32229 Via Barrida. (10) Letter dated March 5, 1996, from Dean A. Porter, 32228 Via Barrida. Exhibits were on display, and C. J. Amstrup, Associate Planner/Project Manager, made an oral presentation. Mr. Tomlinson noted the receipt of letters in this matter which were made a part of the public record. Public Hearing: Notice having been given as required by law, Mayor Hart opened the Public Hearing, and the following persons responded: (1) Donald Landis, 27585 Paseo Segovia, noted his residence is located at the top of the hill overlooking the golf course. He urged the Council to uphold the Planning City Council Minutes -6- 3/5/96 Commission's unanimous denial of the proposed Conditional Use Permit because of ' potential impacts from lighting. (2) The applicant, Rick Parillo, Director of Golf at San Juan Hills Country Club, noted the petition submitted in support of the lighting at the driving range. He indicated that the lights would only be left on until 8:00 p.m. during the winter months. The proposed fighting would provide additional revenue to allow the golf course to make further improvements. He explained that the proposed light fixtures would direct the light downward to illuminate only the immediate area, resulting in light spillage within a 100 -foot range that would not impact San Juan Creek Road. He felt that views of the golf course from the residential area above would not be offensive. He also submitted a survey which concluded that the San Juan Hills Golf Course was the best value in Orange County for golf. (3) Lynn Bushous indicated she lived above the golf course in the Loma Vista neighborhood. She spoke in support of the night lighting because it would attract additional visitors and business to the City as well as serve the needs of local residents. (4) David Agithar indicated his residence was adjacent to the golf course. He spoke in support of the lighting because it would allow night use of the range, serve the local community, and help local businesses. ' (5) Dean Porter, San Juan Hills Estates, indicated his strong opposition to the proposed lighting. He expressed concern with potential adverse impacts from glare to the residential area. He felt that many of the signatures on the petition in support of the lighting might not be local residents. He was concerned that the lighting would create a semi -commercial atmosphere in a residential area. fJ There being no further input, the hearing was declared closed with the right to reopen at any time. Council Discussion: Council Member Nash felt that the Planning Commission was correct in denying the Conditional Use Permit as the lighting would impact many residents and the community as a whole. Council Member Swerdlin felt that glare from the lights could not be successfully mitigated. Adoption of Resolution Upholding the Planning Commission Action: It was moved by Council Member Jones, seconded by Council Member Campbell, that the following Resolution be adopted: City Council Minutes -7- 3/5/96 059 :IZSI RESOLUTION NO 96-3-54. DENIAL OF APPEAL - NIGHT LIGHTIN AT SAN JUAN HILLS DRIVING RANGE (CONDITIONAL USE PERMIT 95-06/SAN JUAN GOLF. INC.) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S JANUARY 23, 1996, DENIAL OF A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW NIGHT LIGHTING AT THE SAN JUAN HILLS DRIVING RANGE LOCATED AT 32111 SAN JUAN CREEK ROAD (CONDITIONAL USE PERMIT 95-6/SAN JUAN GOLF, INC.). The motion carried by the following vote: AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart NOES: None ABSENT: None 1.3 R&I9010VI 91 • 1 901MV1[ 1 I •' ►P: 'MR I Proposal. Consideration numerical limits on the number of residential building permits that will be issued for calendar years 1997-1999, and allocation of those permits for calendar years 1996 - 1999, in compliance with the City's Growth Management Regulations set out in Title 9, Chapter 7 of the Municipal Code. The Growth Management Program limits the annual number of residential building permits to 400 permits. Written Communication: Report dated March 5, 1996, from the Planning Director, recommending that the numerical limit be set at 400 units per year and that the proposed Residential Allocation Schedule be approved in order to accommodate currently approved projects and pending projects. William Ramsey, Senior Planner, made an oral presentation. He explained that the Residential Allocation Schedules provides applicants with a specific commitment so they can plan ahead. Public Hearin¢: Notice having been given as required by law, Mayor Hart opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Adoption of Resolution Approving Numerical Limits for Calendar Years 1997-99: It was moved by Council Member Nash, seconded by Council Member Jones, that the following Resolution be adopted: City Couneit Minutes -8- 3/5/96 RESOLUTION NO 95-3-5-5_ ESTABLISHING NUMERICAL LIMITS ' FOR CALENDAR YEARS 1997 THROUGH 1999 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING NUMERICAL LIMITS FOR CALENDAR YEARS 1997 THROUGH 1999 CONSISTENT WITH TITLE 9, CHAPTER 7, RESIDENTIAL GROWTH MANAGEMENT L AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart NOES: None ABSENT: None Adoption of Resolution Approving Residential Allocation Schedule for Calendar Years 1996-99: It was moved by Council Member Nash, seconded by Council Member Jones, that the following Resolution be adopted: RESOLUTION NO, 95-3-5-6. APPROVING RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS 1996 THROUGH 1999 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS 1996 THROUGH 1999 PURSUANT TO TITLE 9, CHAPTER 7, RESIDENTIAL GROWTH MANAGEMENT AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart NOES: None ABSENT: None Proposal: Consideration of the extension of Urgency Ordinance No. 774, adopted on February 6, 1996, establishing a moratorium on the issuance of new business licenses and building permit approvals for masseuses, masseurs, and massage facilities in the City. The new Urgency Ordinance would extend the moratorium for ten months and 15 days to January 20, 1997, as allowed by Government Code Section 65858. City Comcil Minutes -9- 3/5/96 061 062 Applicant: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Written Communications: (1) Report dated March 5, 1996, from the Planning Director, recommending that the proposed Urgency Ordinance extending the moratorium be adopted to allow staff sufficient time to pursue the Code Amendment process for the adoption of a new regulations. (2) Letter dated February 23, 1995, from Bryan Finnie, D.C., C.C.S.P., 28601 Marguerite Parkway, Suite A-6, Mission Viejo, forwarding suggestions for consideration in developing new regulations. William Ramsey, Senior Planner, made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Hart opened the Public Hearing, and the following persons responded: (1) Marianne Handler, 26000 Avenida Aeropuerto, #4, indicated she has been a certified licensed massage therapist since 1988. She spoke in support of the proposed extension on the moratorium because of concerns with illegal practices in her profession. However, she urged that the new regulations not impose excessive demands on the legitimate operators and suggested that strict fines be levied against violators. She offered her assistance to staff. (2) Gary Chafin of Santa Ana requested that the proposed moratorium allow the transfer of licenses for new employees from their former place of business. He felt that not allowing the licenses to be transferred constituted an inverse condemnation of these types of businesses. There being no finther input, the hearing was declared closed with the right to reopen at any time. Mr. Denhalter advised that there was no provision in the proposed moratorium that could be construed as a "taking," clarifying that the moratorium would prevent the expansion or proliferation of new businesses. Adoption of Urgency 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 Nash, that the following Ordinance be adopted: City Counoil Minutes -10- 3/5/96 063 ' APPROVAL OF BUSINESS LICENSE APPLICATIONS AND THE APPROVAL. OF BUILDING PERMIT PLANS FOR MASSEUSES. MASSEURS. AND MASSAGE THERAPIST (URGENCY) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING ORDINANCE NO. 774, WHICH ESTABLISHED A MORATORIUM ON THE APPROVAL OF BUSINESS LICENSE APPLICATIONS AND THE APPROVAL OF BUILDING PERMIT PLANS FOR MASSEUSES, MASSEURS, AND MASSAGE THERAPISTS (URGENCY) The motion carried by the following vote: AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart NOES: None ABSENT: None Council recessed at 7:45 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:51 p.m. as the City Council. Mayor Hart announced that the item regarding Site Plan Review 95-06 and Land Use Adjustment 95-01 (Kennedy) would be continued to the meeting of March 19, 1996. ADMINISTRATIVE ITEMS 1611 Aki11►1;Th�I:i SPECIALIST (700,20) Written Communication: Report dated March 5, 1996, from the City Manager, recommending that the position of Administrative and Code Specialist with a new salary range be created, retroactive to May 1, 1995, to reflect the additional Code Enforcement responsibilities assumed by the Administrative Assistant in the Planning Department. Adoption of Resolution Creating the Position of Administrative and Code Specialist: It was moved by Council Member Campbell, seconded by Council Member Jones, that the following Resolution be adopted: City Council Minutes -11- 3/5/96 064 al •UU 1 • ► • ►I• 916151110• 1UWJ09ffVl1AVA104X M I• •• • TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN, CREATING ONE POSITION - ADMINISTRATIVE AND CODE SPECIALIST The motion carried by the following vote: AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart NOES: None ABSENT: None Staff was directed to allocate $1,288 from the General Fund Reserves for the additional costs involved. Written Communication: Report dated March 5, 1996, from the City Manager, recommending that the existing part- time position of Recreation Coordinator in the Community Services Department be upgraded to a full-time position to meet the community's increasing demands for senior services. Approval to Reinstate the Senior Citizens' Coordinator Position to Full -Time Status: It was moved by Council Member Campbell, seconded by Council Member Jones, and unanimously carried that the part-time position of Recreation Coordinator (Senior Citizens' Coordinator) be reinstated to full-time status. Staff was authorized to transfer funds in the amount of $2,361 from the General Fund Reserves to cover the increased costs involved. • I• • •allmvmenI •.►1 V••C • 1 • Council Member Jones indicated he would abstain in this matter because of a potential conflict of interest due to the proximity of his residence/business to this project. Written Communications: (1) Report dated April 18, 1995, from the City Manager, forwarding a request by David Whittington to lease the Montanez Adobe and serve as curator. Mr. Whittington proposes to open the structure to the public and display artwork by March 15, 1996. _ The Report indicated that staff would evaluate other means to allow Mr. Whittington to act as curator without a property lease. City C..il Minutes -12- 3/5/96 065 (2) Supplemental Report dated March 5, 1996, from the City Manager, recommending that David Whittington and Rita Tanner be designated as volunteer curators of the Montanez Adobe under the general direction of the City. No property lease was proposed. Public Comments: (1) Marilyn Thorpe, member of the Cultural Heritage Commission and Volunteer Walking Tour Guide, indicated her desire to have the Adobe open more to the public. She noted that in addition to special events, school children view it free of charge and it is opened on Sundays to people on the Walking Tour. She noted that funds had been spent to maintain the structure throughout the years. She inquired about the urgency of the item; the intended use and potential remodeling. She noted that the Cultural Heritage Commission had not been notified of this matter and felt that more time was needed to consider the proposal. (2) Don Tryon indicated he was not speaking on behalf of the Cultural Heritage Commission or the Historical Society. He felt that Mr. Whittington and Ms. Tanner were sincere and conscientious. He supported their proposal to open the Adobe for full-time viewing and hoped that the Aguilar building could be opened to the public in the future as well. (3) The applicant, David Whittington, indicated his desire to preserve this part of San ' Juan Capistrano's history by opening the Adobe to the public and educating children. He stated that there were no changes proposed; they only wished to enhance the displays currently in the building. He urged the Historical Society, the Cultural Heritage Commission, and the community to donate period pieces to enhance the Adobe. (4) The co -applicant, Rita Tanner, stated their intent for this use was to provide a gift to the community by operating a living museum for tourists, children, and the community to become involved with the City's history. She felt they could maintain, beautify and enhance its historical content and emphasized that this use was not a commercial venture or a cottage industry. (5) Gil Jones, 31791 Los Rios Street, noted his abstention as Council Member and spoke as a citizen. He felt very strongly that the structure needed to have life brought back into it, and the applicants' proposal was an opportunity to exhibit the City's history and heritage, as well as to preserve the structure. He believed Mr. Whittington and Ms. Tanner would do a good job and urged the Council to approve their request to serve as curators of the Adobe. Mr. Scarborough clarified that the proposed action would only authorize the City Manager to negotiate an agreement with Mr. Whittington and Ms. Tanner. City Council Minutes -13• 3/5/96 1IM Council Member Nash noted her concern that the Walking Tour Guides had been taking care of the building and recommended that staff and the applicant confer with the Walking Tour Guides to ensure that their operations were not preempted and were continued as part of the new program. Authorization to Neizotiate Agreement for Curator Services for the Monta_nez Adobe: It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the City Manager be authorized to negotiate a contract with David Whittington and Rita Tanner to designate them as volunteer curators of the Montanez Adobe under the general direction of the City. Staff was directed to meet with the applicants and the Walking Tour Guides prior to March 15, 1996, to assure that the Tour Guides' operations fit into the new curators' program. The motion carried with Council Member Jones abstaining. Council recessed at 8:15 p.m. and reconvened at 8:25 p.m. IWK: "11021111 •; Written Communication: Report dated March 5, 1996, from the Planning Director, recommending that Marguerite Kennedy's proposal to construct a two -car garage and a 471 -square -foot addition to the existing residence at 28012 San Juan Creek Road be continued to the meeting of March 19, 1996, to allow staff and the applicant additional time to work on revised plans. Continuation of Item to Meeting: It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried that this item be continued to the meeting of March 19, 1996, at the request of staff. 1• • • �1\4 LTJ\ �\ 1 ' ► •�� • I • -� • 1 .1 Written Communication: Report dated March 5, 1996, from the Planning Director, recommending that the request from the Fiesta Association be granted to waive City permit fees totaling $303 for the 1996 Fiesta de las Golondrinas events. City Coumil Minutes -14- 3/5/96 Adoption of Resolution Approving Waiver of Fees: It was moved by Council Member Campbell, seconded by Council Member Jones, that the following Resolution be adopted: RF_SOLUTION NO. 96-3-5-8. APPROVING FEE WAIVER - 1996 FIESTA DE LAS GOLONDRINAS CELEBRATION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REQUEST OF THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION FOR A WAIVER OF CITY PERMIT FEES FOR EVENTS ASSOCIATED WITH THE 1996 FIESTA DE LAS GOLONDRINAS CELEBRATION The motion carried by the following vote: AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart NOES: None ABSENT: None 1 l M_• I I u1 z 0 081MI uU\I LOLI' •_MkIi U Written Communications: (1) Report dated March 5, 1996, from the Planning Director, forwarding the recommendations of the City Manager's Ad Hoc Committee on Lighting and Signage. The Report recommended that amendments to Municipal Code Sections 9-3.603 and 9-3.614 be initiated to formally consider modifying the City's sign and exterior lighting regulations and design standards. (2) Letter dated February 29, 1996, from Beth and Wayne Malone, 30972 Calle San Felipe, in support of allowing logos and trademarks for nationally known businesses, the use of plastic and fiberglass, the use of names of individual businesses on monument signs, internal illumination of signs, and eliminating time restrictions on lighting signs at night. (3) Letter dated February 29, 1996, from Davis and Amanda Goodman, 28281 Via Rueda, in support of logos and trademarks and in opposition to internal illumination of signs. (4) Letter dated March 5, 1996, from Roy and Ilse Byrnes, 30500 Hilltop Way, in opposition to the proposed changes in the Sign Ordinance, particularly internal illumination. City Comca Minutes -15- 3/5/96 067 921:1 (5) Letter from Carol Heim in opposition to the proposed changes in the Sign Ordinance, particularly plastic and internally illuminated signs. (6) Letter dated February 27, 1996, from Frank and Georgene Bell, and fax letter received March 5, 1996, from Frank Bell, 30112 Silver Spur Road, in opposition to any changes to the Sign Ordinance that would not reflect the character and ambience of the City. Mr. Tomlinson made an oral presentation. He emphasized the time and effort spent by members of the Ad Hoc Committee in researching new technology and developing their recommendations. He noted that the Code Amendment process would provide for a thorough review of all of the Committee's recommendations by City staff and Commissions. Council Member Campbell and Mayor Hart urged that samples of new technology be available during all public hearings on this matter for public and Commission viewing. Public Comments: (1) AI Baumgartner, 26852 Canyon Crest, expressed concern that many of the recommended changes to the City's Sign Ordinance would result in loss of San Juan Capistrano's charm. He noted that existing businesses in town were aware of the City's regulations before they moved in and that they should be responsible and not pressure the City into making changes that would destroy the charm of the City. He added that many businesses are successful with the current regulations. He emphasized the importance of maintaining the City's unique character and ambience and preserving the actions taken by former City Councils. (2) Marge Baumgartner, 26852 Canyon Crest, indicated she served on the previous Sign Ordinance Committee for the City. She stated it was the Committee's goal to ensure that local businesses are adequately identified while maintaining the City's historic character. She noted that the Committee received little opposition to the proposal regulations from businesses at that time. However, once adopted, she stated that violations of the Sign Ordinance began to appear all over town with minimal enforcement. She felt that some modifications may be necessary to reflect advances in technology but expressed concern that adopting all of the changes recommended by the latest Committee would adversely impact the City's character by allowing brightly illuminated strip malls. She urged that better solutions be sought to resolve the concerns of the business community. (3) Liz Elliott, 26801 Lariat Circle, emphasized the importance of creating an attractive ambience to encourage business to the community. She felt that the proposed changes to the City's Sign Ordinance would result in San Juan Capistrano looking like Garden Grove and that the proposed changes were inappropriate for the historic character of the City. She expressed concern that the new signage would impact the City's tourism, which contributes to the City's tax base. She noted that after the construction of soundwalls along the freeway, the first view of San Juan Capistrano City Council Minutes -16- 3/5/96 would be at Ortega Highway, and expressed concern about a proliferation of gaudy ' signs to identify the City. (4) Bill Zental, 27477 Paseo Lindero, concurred with the previous comments. Although he agreed that the City needed a good tax base from its businesses, he suggested that a cost benefit analysis be provided to show whether there would be a direct tax benefit to the residents if the sign regulations were modified as proposed. He emphasized the importance of maintaining the City's small-town atmosphere and historic character and urged that no larger or brighter signs be approved. (5) John Grant, 30161 Outpost Road, expressed concern regarding the potential for light pollution if the sign regulations were modified as proposed, noting the unattractive business signage in the City of Irvine. (6) Don Tryon, 27539 Paseo Mimosa, expressed strong concerns about the recommendations made by the Business Task Force. He stated that many people moved to this City because of its uniqueness and beauty, which was partially due to the lack of sign proliferation. He felt that the majority of the Committee's recommendations would not be acceptable to the citizens of the community. He noted that all of the existing businesses were aware of the City's sign regulations before they moved in. ' (7) Ted Stroscher, as a member of the Ad Hoc Committee, commended the efforts of Mr. Scarborough, Douglas Dumhart, Management Analyst 11, and Mr. Tomlinson and his staff in this matter. Council Comments: Council Member Jones noted that the Business Task Force was formed over a year ago to work with the City and the community to develop recommendations from a business perspective that would enhance the business community and still maintain the City's character. He stated that the Ad Hoc Committee, which was formed by the City Council, worked hard in this matter. He felt that samples of new signage should be displayed during public hearings on this matter whenever possible. He emphasized that the Code Amendment process would evaluate whether the new technology was an improvement over existing signs. Council Member Campbell noted that some existing signs that were approved under the current regulations are very unattractive and the City might benefit from new technology. She emphasized that the City does not want to change the character of the town but to consider beneficial improvements. Council Member Nash stated that the Business Task Force and the Ad Hoc Committee had done an excellent job of developing and reviewing proposed changes to the Sign Ordinance. She felt that the majority of residents could accept their recommendations. She noted that ' the Ad Hoc Committee had unanimously agreed with the Business Task Force recommendations on all items except the issue of internal illumination. She acknowledged City Cowoil Minutes -17- 3/5/96 that there may be new technology suitable to San Juan Capistrano, but based on her observations, she was strongly opposed to any internal illumination or backlit plastic signs. She expressed concern that if backlit plastic signs were permitted, it would be the only type of sign requested in the future and would replace the existing wood and painted signs. She indicated that signs create the image of San Juan Capistrano and expressed concern that inappropriate signage could destroy the community by making it look like any other city in Orange County, noting that it was difficult to distinguish the Cities of Dana Point, Mission Viejo, Laguna Niguel, and Laguna Hills from each other. She emphasized the importance of maintaining the rural character of the City by preserving ridgelines and open space, prohibiting large clusters of homes, promoting pedestrian -scale buildings, and the use of wood, painted, or ceramic signs. She urged that the City's Commissions carefully consider the ramifications of these proposed changes before making any recommendations to modify the City's Sign Ordinance. She specifically requested that the Planning Commission provide direction to the Council with respect to lighting standards. Council Member Swerdlin concurred with the previous comments, reiterating that although the Ad Hoc Committee had been a diverse group, they had still be able to agree on most of the recommendations. He felt that the City should consider changes in technology that could benefit, not destroy, the community. Council Member Campbell recommended that letters of appreciation be sent to all of the participants in this process. Mayor Hart assured residents that the Council and the Ad Hoc Committee have the same concerns with maintaining the City's rural character. Acceptance of Final Report of the City Manger's Ad Hoc Committee on Lighting and Signage: It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously carried that the Final Report of the City Manager's Ad Hoc Committee on Lighting and Signage be accepted. Adoption of Resolution Initiating Consideration of Code Amendment to the City's Sen and External Li,ghtine Re lagst tions: It was moved by Council Member Jones, seconded by Council Member Nash that: (1) staff be directed to prepare letters of appreciation to those involved in the process; (2) that samples of proposed signage and lighting, particularly internal illumination, be available for viewing in Council Chambers during the public hearing process; and, (3) that the following Resolution be adopted: City Counoil Minutes RESOLUTION NO 96-3-5-9- INITIATING AMENDMENTS TO TITLE 9 - SIGNS AND EXTERNAL LIGHTING - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING CODE AMENDMENTS TO TITLE 9 OF THE MUNICIPAL CODE TO CONSIDER MODIFICATIONS TO SECTION 9-3.603, SIGNS AND SECTION 9-3.614, EXTERNAL LIGHTING -18- 3/5/96 071 The motion carried by the following vote: ' AYES: NOES: ABSENT: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart None None �\ • ' •CUP 1 111111_1 1! . • • 'Al \I 1• • ' . 1 Written Communication: Report dated March 5, 1996, from the Planning Director, recommending that staff be directed to 1) reprogram available HOME funds (totaling up to $232,702) from Years 1, 2, 3, and 4 into a First -Time Homebuyer Program, and 2) to contribute $58,176 to $73,200 in matching and administrative funds from the CRA set-aside funds for the City's HOME Program (Years 1, 2, 3, and 4). Mechelle Lawrence, Associate Planner/Project Manager, made an oral presentation. She emphasized that it was not the goal of the First -Time Homebuyer Program to cause the ' dislocation of rental tenants but to assist renters in purchasing a home for the first time. Authorization to Redirect HOME Funds to First -Time Homebuyer Program: It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously carried that staff be directed to 1) reprogram available HOME funds (totaling up to $232,702) from Years 1, 2, 3, and 4 into a First -Time Homebuyer Program, and 2) to contribute $58,176 to $73,200 in matching and administrative funds from the CRA set-aside funds for the City's HOME Program (Years 1, 2, 3, and 4). DICE"ICILM WL4 1► 1 I 11111111h _iii Iii. Written Communications: (1) Report dated March 5, 1996, from the Engineering and Building Director, recommending that the proposed revised revenues and project changes be approved for the 1995-96 Mid -Year Capital Improvement Program. Three projects had been included for special consideration by Council, with a request for Council direction regarding funding. The report suggested that the design portion of the three projects could be funded at this time; however there was insufficient monies available to fully - fund the three projects. City Council Minutes -19- 315196 072 (2) Letter dated March 5, 1996, from Edward C. Raymund, 31591 Peppertree Bend, forwarding a petition with 32 signatures requesting the inclusion of additional lighting on Peppertree Bend as a Capital Improvement Project in the near future. Mr. Huber made an oral presentation. He recommended that the request for additional lighting on Peppertree Bend be considered as part of the 1996-97 annual Capital Improvement Project program. With regard to the request to resurface Peppertree Bend he advised that City staff intends to perform maintenance on the roadway this year to preserve it as much as possible and prevent further deterioration. Public Comments: (1) Ed Raymund, 31591 Peppertree Bend, advised that his street had been constructed by the County in the early 1980's, and had had no maintenance since that time. He noted that surrounding streets have been resurfaced and urged the Council to include their street as a Capital Improvement Project as soon as possible rather than in 1999, as currently projected. (2) Shelly Thayer, 32271 Peppertree Bend, speaking on behalf of the board of directors of Bear Brand Ranch, explained that area residents maintain the equestrian trail area and that people from outside the area use her street for walking, jogging and equestrian purposes; She stated they would appreciate Council's consideration of their request for street repair and additional lighting. _ Council Member Nash felt that the City should allocate funds for the design portions of the three special projects, noting that Del Obispo Street was one of the most heavily traveled streets in the City. Council Member Campbell felt that completion of the Valle Road Drainage Improvements was important since cars must cross the double -yellow line in order to drive around the deep pools of water that collect during rains. She requested that the City Manager investigate whether the roadway has settled. Approval of Mid -Year Capital Improvement Program: It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried that the 1995-96 Mid -Year Capital Improvement Program be approved as presented, with the modification to allocate $30,000 for the design portions for the following three programs from either Measure M Local Return or Systems Development funds: Design Costs (1) Peppertree Bend Rehabilitation/Resurfacing .......... $ 5,000 (2) Del Obispo Rehabilitation (De La Paz to Aguacate Road) 15,000 (3) Valle Road Drainage Improvements ................ 10,000 City Council Minutes -20- 3/5/96 073 COUNCTILMANIC 1. ANNUAL REVIEW OF • ulul • • ISITTEE APPOINTMENTS (111 1 Written Communication: Report dated March 5, 1996, from Carole Jacklin, Council Services Administrator, forwarding the list of current appointees, their appointment dates, and all active applications on file for each commission and committee. Continuation of Item: It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried that this item be continued until the current appointments and new applications have been further evaluated. Written Communications: (1) Report dated March 5, 1996, from Carole Jacklin, Council Services Administrator, responding to a request by Mayor pro tem Swerdlin at the meeting of February 6, 1996, regarding the preparation of a draft Resolution to be sent to the officials of Saddleback College encouraging them to reinstitute the Pledge of Allegiance for all public meetings. ' (2) Draft Resolution. (3) Letter dated April 26, 1995, from Ned Doff mey, President of Saddleback College, to Robert Lombardi, Chancellor of the Saddleback Community College District, urging the College to uphold the tradition of the Pledge of Allegiance at public meetings and events. Council Member Swerdlin introduced George Key, great-grandson of Francis Scott Key, author of"The Star Spangled Banner". Council Member Swerdlin explained that the Resolution was written in response to an action taken at a Saddleback College Association of Students Government meeting on Thursday, February 1, 1996. At that meeting the students voted not to agendize the Pledge of Allegiance for their meetings in the future. He read the Resolution in full, which encourages officials at Saddleback College to reinstate the Pledge of Allegiance at its public meetings. He recommended that the Resolution be modified to 1) reflect the City Council's concerns with the College's action violating a citizen's right to exercise their patriotism, and 2) request that College officials recognize the importance of providing leadership by example. Council Member Jones stated that it has always been the prerogative of individuals to decide whether or not to say the Pledge of Allegiance; but the College's action constitutes an erosion of individual rights and dishonors those who lost their lives for this country. Mayor Hart concurred with Council Members Swerdlin's and Jones' comments, noting that as a member of ' Veterans of Foreign Wars, he was offended by the action taken by the College. City C...il Minutes -21- 3/5/96 074 Council Member Nash concurred with the Council Members' concerns; however, she indicated _ she would not support the proposed Resolution because she felt the City Council should not be in the position of telling another elected body how to run their meetings. Council Member Campbell concurred, but felt it was un-American to sit idly by while patriotism was being challenged. Adoption of Resolution Requesting Reinstatement of the Pledge of Allegiance at Saddleback Colleee Public Meetings: It was moved by Council Member Campbell, seconded by Council Member Jones, that the following Resolution be adopted, with the following modifications: (1) Add: "WHEREAS, this City Council believes it is un-American to sit idly by while the rights of our citizens to exercise their patriotism at public meetings is being sabotaged; and" (2) Amend "leadership" paragraph to read as follows: `BE IT FURTHER RESOLVED that we request the faculty and deans of Saddleback College to recognize the importance of providing `Leadership by Example'." RESOLUTION NO. 96-3-5-10- PLEDGE OF ALLEGIANCE TO THE FLAG (SADDLEBACK COLLEGE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THAT THE SADDLEBACK COLLEGE STUDENT GOVERNMENTS, FACULTY, AND DEANS REINSTATE THE PLEDGE OF ALLEGIANCE AS AN AGENDIZED ITEM FOR THEIR PUBLIC MEETINGS. The motion carried by the following roll call vote: AYES: Council Members Campbell, Jones, Swerdlin, and Mayor Hart NOES: Council Member Nash ABSENT: None oI • I'e! '• 1 1 Council Member Nash explained that approval of Measure S on the March 26, 1996, Primary Election, would overturn Measure A, which amended the County's General Plan to allow an international airport at the El Toro Marine Corp Air Station site. Measure S would allow for the evaluation of uses other than an airport for the air base, including an assessment of costs and benefits, a full environmental impact analysis of the uses, and identification of potential adverse impacts from locating an airport in the South County area. Council Member Swerdlin expressed concern about the potential impacts from an airport to the City and encouraged South County cities to join together on issues such as this. Mayor Hart noted that the City Council has a mandate from the voters to oppose this use. City Council Minutes -22- 3/5/96 075 Approval of Support of Measure S: It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried that the City Council formally support the passage of Measure S. 4. ORAL REPORTS OF OUTSIDE AGENCIES a. Orange County Joint Fire Authority (540.80) Council Member Swerdlin noted it was the one-year anniversary of the Agency's formation and that board elections were scheduled for the end of the month. He advised that the agency would be broadening its outreach for minorities. COUNCIL COMMENTS Council Member Swerdlin advised that he had been selected to represent the City on the Agency Board of Directors, with the City Attorney as Alternate; and to also serve on the Executive Board of the Joint Powers Insurance Agency. OW _IUV AWOWKWUNM910011 !► �i I 1 Council Member Campbell inquired whether the construction of the Community Center at the ' new Sports Park was still on fast track. Mr. Scarborough indicated that the project was agendized for Council action at the meeting of March 19, 1996. 3. COMMUNITY FAIR (150.60) Mr. King encouraged attendance at the Community Fair on Saturday, March 9, at Cook Park/La Novia. &10 W I Lei It 1310 Authorization to Add Items to Closed Session Agenda: It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried to find that information regarding the following three items was not available prior to publication of the agenda and discussion was necessary at this time: 1) Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9(a), for the case known as Jose Vasquez v. City of San Juan Capistrano, 2) Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9(a), for the case known as M&MJewelers, etc., et al vs. San Juan Capistrano Community Redevelopment Agency; and 3) Public Employees Performance Evaluations per Government Code Section 54957 for the positions of City Manager and City Attorney. CLOSED SESSION (610.85) I Council recessed to a Closed Session at 10:05 p.m. for: City Council Minutes -23- 3/5/96 076 1. Public Employees Performance Evaluations per Government Code Section 54957 for review of the position of Recreation Coordinator; 2. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9(a), for the case known as Trackside Dining, Inc. vs. City of San Juan Capistrano; 3. 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; 4. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9(a), for the case known as Jose Vasquez 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 M&M Jewelers, etc., et al vs. San Juan Capistrano Community Redevelopment Agency; and 6. Public Employees Performance Evaluations per Government Code Section 54957 for review of the positions of City Manager and City Attorney. The City Clerk was excused therefrom, and the meeting reconvened at 11:07 p.m. XIIIJUSH I] LM9IKIIIDI %I Mr. Denhalter advised that with regard to item #2, a settlement was unanimously approved in a form that will be approved and available to the public on March 6, 1996. With regard to item #5, a settlement was unanimously approved with one client, Chris McLaughlin. Terms and conditions will be released as soon as the Settlement Agreement has been prepared and signed by all parties. There was no action to report on the remaining four items. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:07 p.m. to the Adjourned Regular Meeting of Wednesday, March 6, 1996, at 4:00 p.m. in the City Council Chamber. ATTEST: WYAT T, MAYOR City Council Minutes Respectfully submitted, Lan I ZI md ManI F .&gJgff,,% -24- 3/5/96 077 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 March 5, 1996, adjourned said meeting to Wednesday, March 6, 1996, at 4:00 p.m., in the City Council Chamber, 32400 Paseo Adelanto, San Juan Capistrano. DATED: March 5. 1996 Cheryl Johnso Cit 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 March 5, 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 Jo n, My Clerk San Juan Capistrano, California