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.
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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).
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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.
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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.
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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.
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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:
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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.
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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
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058
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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
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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:
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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
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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.
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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:
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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.
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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.
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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
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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.
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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
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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
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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