96-0806_CC_Minutes_Regular MeetingE
AUGUST 6, 1996
' REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Hart at 7:03 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Raul Nunez of The Life Church.
ROLL CALL: PRESENT: Wyatt Hart, Mayor
David M. Swerdlin, Mayor pro tem
Collene Campbell, Council Member
Gil Jones, Council Member
Carolyn Nash, Council Member
I
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhatter, 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; Lt. Paul Sullivan, Chief of Police Services; Nancy Bernardi,
Recording Secretary.
MOTION TO READ BY TITLE ONLY
It was moved by Council Member Campbell, seconded by Council Member Jones, and unanimously
carried that all Ordinances be read by title only.
Mayor pro tem Swerdlin introduced the following Commission representatives in attendance:
John Greiner and Tim Neely (Planning Commission), Pauline Leonard (Parks, Recreation, and
Equestrian Commission), Bill Hardy (Cultural Heritage Commission), Tom Facon (Chamber
of Commerce), and Al Simmons (senior liaison to the City).
11 IU 10 10 ♦ I LOKIN 0 LIN
None.
WIRMWI&OLIV►
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
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AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
F43 V MON11JR91 maj#WdLelolllLLojI INIIN 01011i W.1 Cul I► • 11 "�
The Minutes of the Regular Meeting of July 2, 1996, were approved as submitted. Council
Member Nash abstained due to her absence at the July 2 meeting.
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The List of Demands dated July 17, 1996, in the total amount of $777,484.24 was received
and filed.
The City Treasurer's Report of Cash Fund Balances for the month of June 1996 in the total
amount of $147,218.37 was received and filed.
INNEWFU
' lli_ r • ; • I\� cul \ • 1\�. 1 • • . 1 1
The City Treasurer's Report of Investments as of June 30, 1996, in the total amount of
$11,795,109.30 was received and filed.
5. APPROVAL OF PLANS. SPECIFICATIONS- AND AUTHORIZATION TO
AWARD CONTRACT - CONSTRUCTION OF FREEWAY SOUNDWALLS
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As set forth in the Report dated August 6, 1996, from the Director of Engineering and
Building, the plans and specifications were approved for the construction of soundwalls along
Interstate 5 freeway on private property at San Juan Elementary School and Casitas
Capistrano. Staff was authorized to call for bids. The City had entered into a contract with
the California Corridor Constructors for funding of the soundwall construction on private
property, with a condition that the construction contract be awarded by September 15, 1996.
Due to that time constraint, the City Manager was authorized to award the contract, subject
to ratification by the City Council as soon as possible thereafter.
• 11 • ► 1► I1.1 • al► ►I C : • •7.F�[•7►1Z•]` •
As set forth in the Report dated August 6, 1996, from the Director of Administrative
Services, the following Resolution was adopted setting the tax rate of $0.0771 per $100 of
assessed valuation for Open Space General Obligation Bond Property:
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RESOLUTION NO. 96-8-6-1. SETTING AD VALOREM TAX RATE -
'
FISCAL YEAR 1996-97 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTIMATING
THE AMOUNT OF MONEY TO BE RAISED BY AD VALOREM
TAXATION IN THE CITY OF SAN JUAN CAPISTRANO DURING THE
FISCAL YEAR 1996-97 FOR DEBT SERVICE AND REQUESTING THE
LEVY OF A TAX IN THE CITY OF SAN JUAN CAPISTRANO.
The City Clerk was directed to forward a certified copy of the Resolution to the County
Assessor and Auditor/Controller for inclusion on the 1996-97 tax rolls.
Fameminew
As set forth in the Report dated August 6, 1996, from the Engineering and Building Director,
the following Resolution was adopted approving the request by Gerry Miller, Mission
Administrator, to convert a "Restricted Parking Zone" to a "Passenger Loading Zone" in
front of the Mission near the intersection of Camino Capistrano and Ortega Highway:
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A "PASSENGER LOADING ZONE" ON
THE NORTH SIDE OF ORTEGA HIGHWAY NEAR ITS
INTERSECTION OF CAMINO CAPISTRANO (MISSION SAN JUAN
CAPISTRANO).
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As set forth in the Report dated August 6, 1996, from the Engineering and Building Director,
the following Resolutions were adopted approving the installation of "All -Way" stop signs
at the intersections of Calle Arroyo and Paseo Esteban and Calle Arroyo and Via Sonora; and,
establishing a "No Parking" zone on the north side of Calle Arroyo from Via Cordova east
100 feet and from Paseo Duran east 50 feet:
RESOLUTION NO, 96-8-6-3. APPROVING ALL -WAY STOP - CALLE
ARROYO AND PASEO ESTEBAN/CALLS ARROYO AND VIA
SONORA - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING THE
INTERSECTIONS OF CALLE ARROYO WITH PASEO ESTEBAN AND
' VIA SONORA AS "ALL -WAY" STOPS
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RESOLUTION NO. 96-8-6-4. ESTABLISHING "NO PARKING
ANYTIME" ZONE - NORTH SIDE OF CALLE ARROYO - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING
ANYTIlvIE" ZONE ON THE NORTH SIDE OF CALLE ARROYO FROM
VIA CORDOVA EAST 100 FEET AND FROM PASEO DURAN EAST 50
FEET.
• •� "•' I I •' •' SII •
As set forth in the Report dated August 6, 1996, from the Engineering and Building Director,
the following Resolution was adopted supporting the State's effort to establish a South
Orange County Permit Assistance Center as a single site to process applications for state,
regional, and local environmental and regulatory permits:
RESOLUTION NO. 96-8-6-5- SOUTH ORANGE COUNTY PERMIT
ASSISTANCE CENTER - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, WELCOMING
AND EXPRESSING A COMMITMENT TO COOPERATE WITH AND
SUPPORT THE EFFORTS OF THE NEW SOUTH ORANGE COUNTY
PERMIT ASSISTANCE CENTER.
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As set forth in the Report dated August 6, 1996, from the Chief of Police Services, the
contract for the services of three crossing guards and a supervisor for the City's three
elementary schools was approved with All City Management Services, Inc. in the amount of
$30,564, for the one-year period ending June 30, 1997. The Mayor was authorized to
execute the contract on behalf of the City.
11. RESOLUTION AMENDING VENDOR PARKING REGULATIONS
(570,30/585,10)
As set forth in the Report dated August 6, 1996, from the Engineering and Building Director,
the following Resolution was adopted amending the City's vendor parking regulations by 1)
adding daylight savings time hours for vending, per the City's adopted Vendor Ordinance, and
2) modifying two spaces along Calle San Luis:
City Council Minutes
RESOLUTION NO, 96-8-6-6. ESTABLISHING "NO PARKING EXCEPT
BY LICENSEDVENDORS" IN THE CAPISTRANO VILLAS AND
RESCINDING. RESOLUTION NO 96-5-21-4 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO PARKING EXCEPT BY
LICENSED VENDORS" IN THE CAPISTRANO VILLAS I, II, AND III
(TRACTS 7160, 7183, 7191, 7192, 7193, 7194, 7195 AND 7196) DURING
THE TIMES LISTED, AND RESCINDING RESOLUTION NO. 96-5-21-4
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The following item was removed from the Consent Calendar and considered separately at the request
of staff.
APPROVAL. OF LICENSE AGREEMENT FOR CONSTRUCTION OF A PARK WITHIN
CITY -OWNED OPEN SPACE LAND LOCATED ADJACENT TO TRACT 13437
(TAYLOR WOODROW HOMES, INC.)((600,30)
Written Communications:
(1) Report dated August 6, 1996, from the Planning Director, recommending that the proposed
License Agreement between the City and Taylor Woodrow Homes, Inc. be approved for the
construction of a park within 3.9 acres of City -owned Open Space land located adjacent to
the northeast border of Tract 13437, Area D-2 of the Glendale Federal Planned Community.
(2) Memorandum dated August 6, 1996, from the Planning Director, recommending a minor
word change in the proposed License Agreement.
Approval of License Agreement:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously
carried that the License Agreement between the City and Taylor Woodrow Homes, Inc. be approved,
subject to the addition of the word "defend" in the first sentence of the first paragraph of Section 2,
"Hold Harmless". The Mayor was authorized to execute the License Agreement on behalf of the
City, and the City Clerk was directed to forward the License Agreement to the County Recorder,
subject to Taylor Woodrow Homes, Inc. paying $236,200 in park in -lieu fees to the City, in
' accordance with the City Council's action of July 16, 1996. Council Member Campbell suggested
that the park in -lieu fees to be paid by the applicant be earmarked for the Community Center fund.
Qu-IInCo. _ • • i Ky
AN .I • • • lul_ •► ••• �I•
Proposal:
Consideration of proposed annual assessments for the City Landscape Maintenance Districts.
Written Communications:
(1) Report dated August 6, 1996, from the Director of Public Lands and Facilities,
recommending that the Landscape Maintenance Districts for Tracts 9284, 9382,
9373/7654, 7673, and 8485 and Capistrano Royale be assessed for landscape
maintenance services performed by the City. The Report further noted an error had
been discovered in the calculation of the maintenance costs and set forth the corrected
budgets and reserve fund balances. Staff recommended that the increases be taken
from individual district reserve funds; those districts with decreased costs would see
an increase in their reserve funds.
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(2) Memorandum dated July 31, 1996, from the Director of Public Lands and Facilities, _
recommending that due to inquiries regarding the corrections for the Belford Terrace
Tract, Tract 9382, consideration of the Belford Terrace assessments be continued to
the meeting of August 20, 1996, to allow further review of the assessments by
homeowners at a public meeting to be held on August 13, 1996, at 5:30 p.m.
Mr. Arranaga made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the Public Hearing, and
there was no response.
n of Public Hearing for Belford Terrace Assessments/Resolution
It was moved by Council Member Nash, seconded by Council Member Jones, and
unanimously carried that the public hearing for the Belford Terrace assessments only be
continued to the meeting of August 20, 1996, and that the following Resolution be adopted
confirming the following budgets for five Landscape Maintenance Districts and authorizing
the County Assessor's Office to include the charges on the Property Tax Roll:
$ 557 per home
- Tract 9284 (Seaview)
$ 290 per home
- Tract 8485 (Mission Springs)
$ 225 per home
- Tract 7673 (Mission Woods)
$ 80 per home
- Tract 9373/7654 (Los Corrales)
$1,110 per home
- Capistrano Royale
RESOLUTION NO, 96-8-6-7. CONFIRMING COST REPORT - 1996
LANDSCAPE MAiNTEN N E DISTRICTS (_TRACTS 9284- 8485- 7673-
9373/7654- AND CAPISTRANO ROYALE) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING THE COST REPORT FOR 1996
LANDSCAPE MAINTENANCE DISTRICTS' CHARGES IN THE CITY
OF SAN JUAN CAPISTRANO (TRACTS 9284, 8485, 7673, 9373/7654,
AND CAPISTRANO ROYALE).
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 of proposed charges for the City's 1996 Weed Abatement Program, in the total
amount of $15,959.96, which costs will be assessed to individual property owners on their
1996-97 tax roll.
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Written Communications:
' (1) Report dated August 6, 1996, from the Director of Public Lands and Facilities, noting
that letters of notification were mailed to all property owners with potential nuisance
problems on April 16, 1996, and that abatement began on May 17, 1996. A total of
59 properties had been abated.
(2) Memorandum dated August 1, 1996, from the Director of Public Lands and Facilities,
recommending deletion of the assessment on Assessor's Parcel No. 649-061-22
(Tolbert), in the amount of $479.23, be waived due to a miscommunication, and that
Mr. Tolbert be charged only $252.23 for the abatement already performed by the
City.
Mr. Arranaga made an oral presentation.
Public Hearine:
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 Confirming the Cost Report:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the
following Resolution be adopted, subject to the removal of the assessment for Assessor's
Parcel No. 649-061-22 in the amount of $479.23:
' RESOLUTION NO, 96-8-6-8. CONFIRMING COST REPORT - 1996
WEED ABATEMENT - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING
THE COST REPORT FOR THE 1996 WEED ABATEMENT PROGRAM
IN THE CITY OF SAN JUAN CAPISTRANO.
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 submit the Confirming Cost Report to the County Auditor -Controller
to assess individual property owners on the 1996-97 tax roll.
WiTiNTME Mia
Proposal:
Consideration of a proposed amendment to Title 9, Section 9-3.609(b)(2) of the Municipal
Code which would modify existing ham radio antenna development standards and procedures
for consistency with Federal Communications Commission (FCC) regulations. The proposed
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Code Amendment includes the requirement of a Conditional Use Permit for wireless
communications facilities and towers and the establishment of a $100 antenna exception fee.
Applicant:
City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675
Written Communications:
(1) Report dated August 6, 1996, from the Planning Director, recommending that the an
Ordinance be introduced which proposed the following: a) a maximum base height of
35 feet for a vertical whip antenna, with a maximum antenna height from finish grade
of 55 feet; b) a maximum height of 50 feet for ground -mounted antennas; c) antennas
in excess of 35 feet shall be retracted to 35 feet when not in use; d) a prohibition of
roof -mounted array antennas; and e) an exception process for antennas which do not
meet established criteria. The Report also included letters and petitions previously
submitted in support of and in opposition to the proposed Ordinance.
(2) Memorandum dated August 6, 1996, from the Planning Director, amending the staff
recommendation to permit a maximum height of 70 feet (instead of 55 feet, as
recommended by the Planning Commission) for retractable antennas to accommodate
the needs of ham radio operators and reduce or eliminate the potential for
interference.
(3) Letter dated July 31, 1996, from Arthur E. Goddard, Vice Director of the
Southwestern Division of the American Radio Relay League, Inc., in conditional
support of the proposed Ordinance. He recommended that the Ordinance be modified
to permit a maximum height of 75 feet for ham radio antennas to ensure reliable
shortwave communications, less interference with neighbors' appliances, compliance
with FCC regulations, and benefits to the City in times of disaster.
(4) Letter dated August 2, 1996, from Bodil Olsen, 25482 Charro Drive, citing concerns
with the potential for visual blight and interference problems, and including a petition
dated July 13, 1996, signed by 56 homeowners in Dana Mesa Heights in opposition
to the proposed Code Amendment.
(5) Letter dated August 2, 1996, from Robert and Nancy Piel, 32672 Alta Pine Lane,
who are licensed amateur ham radio operators, expressing concerns regarding the
tower antennas in their neighborhood and supporting the use of vertical whip
antennas.
(6) Letter dated August 5, 1996, from Alan Gallagher, 25871 Paseo De Juanita, a
licensed amateur ham radio operator, urging that the Council permit a maximum
height of 75 feet for retractable antennas to ensure reliable communications.
Lynnette Lehmann, Administrative Assistant, reviewed the issues contained in the Staff
Report. Ms. Lehmann gave a slide presentation showing examples of various ham radio
antennas, including the typical roof -mounted antenna, a cable -mounted antenna, a telescoping
tower, a tubular telescoping tower, and whip antennas with and without loaded coils. She
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noted the modification to the staff recommendation to permit a maximum height of 70 feet
for array antennas, retractable to 35 feet when not in use, because of the benefits cited in
Mr. Goddard's letter of July 31. She noted that vertical whip antennas would still be
restricted to a maximum of 55 feet.
Council's Questions to Staff
Mayor Hart inquired about the City's ability to enforce the requirement to retract antennas
when not in use. Ms. Lehmann felt that violations of the Code would be difficult to monitor
since radio operation could take place at any time of the day or night; however, if an antenna
was kept at its maximum height all the time, an operator could be found in violation and the
regulations enforced. She advised that the existing ham radio operators in the City had
promised their antennas would be retracted when not in use. Mayor Hart inquired what
controls exist to require radio operators to correct interference problems created by their
operation. Ms. Lehmann advised that the FCC requires ham radio operators to meet FCC
standards for operations, and that the City could notify the FCC if operators fail to correct
problems. In response to Mayor Hart, Ms. Lehmann noted that the proposed regulation
would not apply to areas in the City that are governed by CC&R's or private homeowner
agreements and that the FCC would not preempt those types of agreements.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the Public Hearing, and the
following persons responded:
' (1) Fried Heyn, 962 Cheyenne, Costa Mesa 92626, a voluntary elected director with the
American Radio Relay League, spoke on behalf of local ham radio operators. He
emphasized that amateur ham radio is a service to the community and the nation, as
well as a hobby and that it should be encouraged for the public benefit, including
providing communication during disasters. He read a portion of Federal Public Law
103-408, which states that reasonable accommodation should be made for effective
operation of amateur radio and all levels of government should facilitate and
encourage amateur radio operation as a public benefit.
(2) Lang Tucker, 25502 Charro Drive, provided an overview of his background, which
included achieving the World's Record for the longest javelin throw. He noted that
the ham radio hobby is a long career for many people and has many levels; that it took
him 20 years to obtain his "extra" class license. He explained the differences between
vertical whip antennas and array antennas, and stated that a properly set up array
antenna would be much nicer for nearby neighbors.
(3) Jerome Man, 33362 Via de Agua, noted he is a retired electrical engineer who
specialized in communications for the FCC and that he has been a licensed amateur
ham radio operator for 50 years. He concurred with the modified staff
recommendation to permit a maximum height of 70 feet for array antennas because
of reduced interference for neighbors. He noted that the FCC does not respond to
complaints about interference. He emphasized the importance of ham radio for public
' safety because the frequencies used by emergency personnel (police and fire) are
susceptible to outages. He noted that on August 8, 1996, Congress is scheduled to
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vote on a rewrite of Title 47 CFR, Section 25.104 of the Telecommunications Act of
1936 stating that "no restrictive covenant, encumbrance, HOA rule or other non-
governmental restriction shall be enforceable...." He further noted that should this
become law, its constitutionality may ultimately be decided in the courts. In response
to Council Member Campbell, he stated that many cities permit a height of 75 feet,
which he felt to be reasonable.
(4) Alan Gallagher, 25871 Paseo De Juanita, amateur ham radio operator, noted that the
area ham radio operators had been working with staff to develop regulations that
would meet the needs of both area residents and the ham radio operators; that they
had offered to assist in identifying sources of interference; and, that they wished to do
all they could to help the community at large. He stated that the antennas would be
structurally sound and felt that adverse impacts from ham radio operation would be
minimal. He supported a height of 75 feet.
(5) Arthur E. Goddard, Vice Director of the Southwestern Division of the American
Radio Relay League, Inc., 2901 Palau Place, Costa Mesa, CA 92626 spoke on behalf
of local amateur ham radio operators. He voiced his support of the draft Ordinance,
with the modification to permit a maximum height of 70 feet for array antennas. He
indicated that language in the proposed "non -conforming" antenna section of the
Ordinance addressed his previous concerns. He noted his letter dated July 31, 1996,
citing the benefits from a higher antenna height. He felt that the proposed height of
70 feet would constitute "reasonable accommodation" of FCC regulations and would
better assist the community in times of disaster. He noted that licensed real estate
appraisers have concluded that ham radio antennas have no positive or negative effect
on property values. In response to an inquiry by Council Member Jones, he stated
that the size of the base structure would be the same for a 70 -foot or a 75 -foot high
antenna.
There being no fiuther input, the hearing was declared closed with the right to reopen at any
time.
Council- Discussion:
Council Member Jones felt that since ham radio operators prefer a 75 -foot height to ensure
better efficiency and less interference for array antennas, the proposed Ordinance should be
modified to permit a maximum height of 75 feet, noting that the 5 -foot difference was
insignificant. Council Member Swerdlin concurred, believing that the benefits provided by
ham radio operators far outweigh any other issues. Mr. Tomlinson noted that a 75 -foot high
antenna could still be retracted back to 35 feet. Ms. Lehmann explained that the Planning
Commission recommended a 55 -foot high maximum for antennas; however, after considering
Mr. Goddard's comments in his letter of July 31, staff recommended a compromise height of
70 feet. Mayor Hart noted that the Planning Commission's recommendation was made
without the benefit of some of the information provided in Mr. Goddard's letter with regard
to FCC requirements and legal issues.
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Introduction of Ordinance Amendine Section 9-3.6009 of Title 9 of the Municinal Code:
' 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 Campbell, that the following Ordinance be introduced, with the
modification to permit a maximum antenna height of 75 feet, retractable to 35 feet when not
in use:
AMENDING TITLE 9. SECTION 9-3.609 OF THE MUNICIPAL CODE -
ANTENNA REGULATIONS - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, SECTION
9-3.609 OF THE MUNICIPAL CODE TO MODIFY THE PROVISIONS
FOR HAM RADIO OR OTHER ANTENNAS IN ACCORDANCE WITH
THE FEDERAL COMMUNICATIONS COMMISSION REGULATIONS
AND TO INCLUDE PROVISION FOR WIRELESS COMMUNICATION
FACILITIES.
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
' Adoption of Resolution Establishing a $100 Antenna Exception Fee:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
RESOLUTION NO, 96-8-6-9. ESTABLISHING ANTENNA EXCEPTION
FEE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING AN ANTENNA
EXCEPTION FEE.
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
Proposal:
' Consideration of revisions to the City's sign regulations, Section 9-3.603 of the Municipal
Code in response to suggestions submitted by the Business Task Force on January 2, 1996.
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The suggestions were reviewed by the City Manager's Ad Hoc Committee, which submitted
a report on March 5, 1996. The City Council initiated consideration of the proposed
amendment on March 5, 1996. The Planning Commission conducted public hearings on this
matter on June 11 and June 25, 1996; and their recommendations were incorporated into the
draft Ordinance.
Applicant:
City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675
Written Communications:
(1) Report dated August 6, 1996, from the Planning Director, recommending that the
Ordinance modifying the City's sign regulations be introduced.
(2) Memorandum dated August 6, 1996, from the Planning Director, recommending
minor language changes to Exhibit "A" of the Ordinance for clarification purposes.
Mr. Tomlinson made an oral presentation. Models of letters with internal illumination were
on display, including a new technology that utilizes "day/night" materials that appear opaque
during the day but have a subdued glow of about 15 footcandles at night. fJowever,
Mr. Tomlinson advised that some of the fixtures on display would not be consistent with the
language proposed in the draft Ordinance. He noted that shiny plastic surfaces could be
changed to a matte finish, and some fiberglass finishes could be made to appear sandblasted,
with extruded letters to create a halo effect, similar to signs used at Disneyland. He
emphasized that the proposed Ordinance is not intended to permit the "old, familiar," visually
obtrusive types of internal illumination. He further discussed revisions to the banner program
and Special Activity Permit process.
Council's Ouestions to Staff:
In response to Council Member Jones, Mr. Tomlinson advised that neither staff nor the
Planning Commission had recommended internally -illuminated monument signs and that the
decision to include addresses on monument signs would be left to the owner of the center.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the Public Hearing, and the
following persons responded:
(1) Scott Schmitt, owner of 1 -Hour Moto Photo and Portrait Studio at the Vons Center,
indicated he served on the Business Task Force for the past two years. He explained
that the Task Force recommended certain modifications in order to provide more
flexibility that would create sign awareness and business identification in the City, in
a tasteful way, to benefit not only the City's businesses but its residents. He felt that
although signs would not "make or break" a business, they would definitely assist
people in finding them.
(2) Ted Stroscher, owner of property at 31882 Del Obispo Street, indicated he served on
the Business Task Force and the City Manager's Ad Hoc Committee. He stated that
the long process of reviewing the City's sign regulations involved much hard work
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and compromise, and he understood the reasons behind the changes to the Task
Force's original recommendations. He indicated his support of the draft Ordinance
as proposed.
(3) Robert Dolley spoke in support of the draft Ordinance as proposed, believing it would
provide the flexibility needed to identify and easily locate businesses. He suggested
that consideration be given to permitting major individual tenants more flexibility
regarding internal illumination on monument signs.
There being no further response, the hearing was declared closed with the right to reopen at
any time.
Council Discussion: necessarily*
Council Member Campbell felt that internally illuminated signs would not/be visually
obtrusive, noting there were many examples of external illumination in the City that were
more offensive. However, she was still apprehensive about approving the use of internal
illumination without viewing the various styles in person.
Council Member Nash felt that most of the proposed changes to the City's sign regulations
were reasonable. However, she expressed strong opposition to approving the use of internal
illumination for signs in the City, particularly cabinet signs with plastic faces and internally
illuminated canned lettering, regardless of the lighting intensity. She had less concern with
internal illumination of signs with separated letters, such as the Thrifty sign. She believed that
' permitting internal illumination of signs, regardless of technical advances, was short-sighted.
She expressed concern that this change would be the "turning point" for San Juan Capistrano
by changing it from a town with a visually unique, historic character into a city that would
look just like any other city in Orange County. She felt that the most valuable commodity in
the City was its history and that the City should promote and capitalize on it by encouraging
businesses to create the image of an old, historic town everywhere in the City, not just the
area around the Mission. She expressed concern that permitting internal illumination would
result in a gradual increase of requests to replace the old wood -carved signs with new
internally illuminated signs. She agreed that sign and lighting technology have improved and
felt that certain materials might be appropriate in San Juan Capistrano if they looked like
wood. With regard to the contention of the Business Task Force that signs in the City are not
visible, she noted that a survey conducted in 1989 showed that 88% of the 488 residents
surveyed believed the visibility of existing business signs to be satisfactory or very good. She
stressed the importance of controlling signage in any city and felt that internal illumination
would negatively impact the vision of San Juan Capistrano in the future and erode the
community. She strongly urged the City Council to seriously consider the ramifications of
permitting internal illumination before voting on the proposed Amendment.
Council Member Jones spoke about the long process of reviewing the City's sign regulations,
which had continuously emphasized the importance of providing flexibility and compromise.
He noted that many businesses have invested in the community and deserve the flexibility to
have internal illumination if it is what they need. He indicated his support of the proposed
. Amendment because of the hard work put in by the Business Task Force and the City
Manager's Ad Hoc Committee. He emphasized he could not support the proposed
*added by Council 9/3/96
City Council Minutes -13- 8/6/96
257
Amendment if it did not provide flexibility with regard to internal illumination and new
technologies in lighting.
Council Member Swerdlin did not feet that using new technologies to enhance the appearance
and image of San Juan Capistrano would destroy the community or make it look like another
Los Angeles. He noted that many businesses in the City are run by residents and that the
City's attributes; i.e., its preservation of ridgelines and open space, a definable downtown
area, and its sense of tradition, family, would not be compromised with the proposed
amendments. He emphasized that the businesses allow residents to shop in town, provide a
tax base for the City, and prevent significant increases in property taxes. He voiced his
support of the draft Ordinance as proposed.
Mayor Hart noted that internal illumination of signs is an emotional issue in San Juan
Capistrano. He felt it was important to address the needs of the growing community by being
proactive and by compromising. He emphasized that no one wants San Juan Capistrano to
look like any other city in the County and felt that the restrictions built into the new sign
regulations would prevent this and still provide options to create interesting and enhancing
sign programs. He felt it was important to compromise in this matter to serve the best
interests of the City's 28,000 residents and commended staff on doing an excellent -job.
Council Member Campbell suggested that to address the concerns raised by Council Member
Nash, staff should continue to look at new sign materials using internal illumination that looks
like wood. She wanted to ensure that the sign materials visually serve both businesses and
residents. Mr. Tomlinson advised that under the proposed Amendment, certain criteria must
be met before a request for internal illumination could be approved. In addition, any request
for modifications to any of the proposed design standards would be considered exceptions,
which process would require public hearings before the Planning Commission. He noted that
all applications for monument signs would be reviewed and approved by the Planning
Commission.
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Swerdlin,
seconded by Council Member Jones, that the following Ordinance be introduced, including
the minor clarifications recommended by staff in the Memorandum dated August 6, 1996:
ul ►1• h • •I_ ul lv 1' �_ • � � • _
STANDARDS - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, CHAPTER 3,
SECTION 9-3.603, SIGNS, OF THE MUNICIPAL CODE TO ESTABLISH
REVISED STANDARDS FOR SIGNS WITHIN THE CITY
The motion carried by the following roll call vote:
City Council Minute
AYES: Council Members Campbell, Jones, Swerdlin, and Mayor Hart
NOES: Council Member Nash
ABSENT: None
14
6/6/96
258
' Council Member Nash clarified that her negative vote was due to the internal illumination
provisions; that she supported the remainder of the proposed Amendment. Council Member
Campbell requested staff to continue reviewing available materials. Council Member Jones
requested that staff consider modifying the sign regulations further to require street addresses
on monument signs for retail/office centers.
RECESS AND RECONVENE
Council recessed at 9:30 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 9A7 p.m. as the City Council.
ADMINISTRATIVE ITEMS
CITY MANAGER
• I\l I • � • 11 • • .
Written Communication:
Report dated August 6, 1996, from the City Manager, requesting direction from the City
Council as to whether City staff should accept invitations to represent the City on community
' organizations' Boards of Directors.
Mr. Denhalter advised there were no legal concerns with City staff serving on community
organizations. The only problem would be if the individual had an economic or financial
interest derived from a decision in the process, which would be an unusual circumstance.
Approval for City Staff Members to Serve on Community Organizations:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that a City Council Policy be established permitting City staff members
to serve as the City's representatives on community organizations' Boards of Directors.
Written Communication:
Report dated August 6, 1996, from the City Manager, recommending that the City agree to
participate in the Joint Powers Agreement Creating the Orange County Council of
Governments. The Council of Governments proposes to provide a single forum in which
cities and other agencies could discuss issues of mutual concern, build consensus, and pursue
innovative and effective solutions to matters that are of County -wide concern.
Public Comments:
' (1) Tom Lorch, 819 Avenida Salvador, San Clemente, expressed concern that the
proposed voting member allocation did not adequately represent the member cities.
City Council minuw -15- 8/6/96
259
He suggested that the City obtain additional information from cities which have —
participated in a Council of Governments for some time before deciding to participate.
He noted that Council of Governments often grow rapidly and expressed concern that
some of the costs involved with Council of Governments may eventually be passed
on to the City.
Darryl Hall, Manager of Legislation and Policy Development, Orange County Division of the
League of California Cities, advised that Section 4.1 of the Agreement regarding Board of
Directors and Voting provides for a large representation of voting members. He stated that
San Juan Capistrano's area would be represented by four or five cities, and not every city
would have an automatic vote; rather, the area representative would take their local message
to the regional boards. He explained that this type of organization would provide for 14 out
of a total of 21 Board Members that would be representing cities.
Council Member Swerdlin inquired whether there was any intent to allow additional agencies
to join the Council of Governments in the future. Mr. Hall indicated the Council of
Governments was open to suggestions, which might include school districts if they express
an interest. Council Member Nash felt that the Council of Governments would be beneficial
for San Juan Capistrano, noting that the City has been excluded from regional planning issues
in the past.
Approval of Joint Powers Agreement Creating the Orange Coun Council of Governments:
It was moved by Council Member Nash, seconded by Council Member Jones, and —
unanimously carried that the City agree to participate in the Joint Powers Agreement Creating
the Orange County Council of Governments. The Mayor was authorized to execute the
Agreement on behalf of the City.
Written Communication:
Report dated August 6, 1996, from the City Manager, recommending that a street banner be
created and hung at the intersection of Camino Capistrano and Del Obispo Street to
encourage voter participation during elections, as suggested by resident Phillip Weissburg.
Approval of Street Banner Encouraging Voter Participation:
It was moved by Council Member Campbell, seconded by Mayor Hart, and unanimously
carried that a street banner reading "Vote Tuesday" be created and hung at the intersection
of Camino Capistrano and Del Obispo Street to encourage voter participation during
elections.
Written Communication:
Report dated August 6, 1996, from Douglas Dumhart, Management Analyst II,
recommending that Agreement No. D95-122 with the County be approved for the transfer
City Council Minutes
-16- 8/6/96
260
of right-of-way, excess right-of-way, and debt obligation for excess Stonehill Drive fight -of -
way from the County to the City.
Mr. Dumhart made an oral presentation.
Council Member Campbell inquired whether the land currently held by the City was usable
without purchasing the adjacent property. She expressed concern about the City accepting
property that might involve costs unless there were assurances the property was marketable.
Mr. Dumhart advised that the proposed transfer agreement was a formal action only, in that
the City was already obligated to accept the parcels and reimburse the Federal Highway
Administration to satisfy the debt obligation. He recommended that the parcels be sold at
market value to help fund the reimbursement costs, noting that letters of interest have been
submitted for both parcels. Mr. Scarborough explained that the City must sell the parcels
consistent with State law, and a consultant is recommended to investigate the law to
deternrine where the costs should be paid from. He stated that the value of the parcels would
include the cost of retaining the consultant.
Approval of Transfer Agreement:
It was moved by Council Member Swerdlin, seconded by Council Member Mites, and
unanimously carried that Agreement No. D95-122 with the County be approved for the
transfer of right-of-way, excess right-of-way, and debt obligation for excess Stonehill Drive
right-of-way from the County to the City. The Mayor was authorized to execute the
Agreement on behalf of the City. Staff was authorized to negotiate an agreement for the
disposition of the excess parcels once title has been transferred to the City.
PLANNING DIRECTOR
1
Written Communication:
Report dated August 6, 1996, from the Planning Director, recommending approval of a
request from Thomas Trulis, property owner, to modify Condition No. 2 of Tentative Parcel
Map 92-123. The proposed modification would allow the Final Map to be recorded, subject
to any monies from the sale or transfer of Parcels 1, 2, and 3 to be placed in an escrow
account that may be drawn upon only for the cost of relocation associated with Solag's new
location in unincorporated land off Ortega Highway. The proposed modification would also
require the execution of a letter acknowledging that the existing use by Solag has been
terminated.
Public Comments:
(1) Bill Hardy, 26523 Calle Lorenzo, speaking as a private citizen and not as a member
of the Cultural Heritage Commission, noted he owns property adjacent to the subject
property. Mr. Hardy commented regarding the wording in the Staff Report relating
to the Condition requiring the realignment of the extension of Paseo Adelanto, and
I
the required environmental remediation work. He expressed concern that as of this
City Council Minutia -17- 8/6/96
261
afternoon there were containers and abandoned vehicles remaining on Lot 4 and it
should not be implied that remediation work had been completed.
Mayor Hart requested that staff meet with Mr. Hardy to discuss and clarify his concerns with
regard to Parcel 4.
Adoption of Resolution Approving Modification to Condition No. 2 for Tentative
Parcel MaI292-123:
It was moved by Council Member Nash, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO. 96-8-6-10. REVISION TO CONDITION OF
APPROVAL - TENTATIVE PARCEL MAP 92-123 (TRULIS) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A REVISION TO
LANGUAGE FOR CONDITION NUMBER 2 OF TENTATIVE PARCEL
MAP 92-123 (TRULIS).
The motion carried by the following vote:
AYES: Council Members Campbell, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSTAIN: Council Member Jones
ABSENT: None
Council Member Jones noted his abstention due to a potential conflict of interest relating to
the proximity of his business/residence to this location.
WIL__ WE"Miall U0 19 MMMIJ 31 ; L 1J 1 t41
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3 13 Zia U -117 1M
Written Communication:
Report dated August 6, 1996, from the Engineering and Building Director, providing a review
of the issues involved with including the proposed extension of Paseo Adelanto from Del
Obispo Street to Ramos Street in the Capital Improvement Program. The Report
recommended inclusion of the project by deferring some previously -approved projects in the
1996-97 budget.
Mr. Huber made an oral presentation, noting that the recommendation for the 1996-97 fiscal
year would provide for a preliminary alignment study, a workshop with area residents and the
Cormnission review process. Design and construction would be considered for funding in the
City Comcil Minutes
.18_ 8/6/96
262
1997-98 and 1998-99 fiscal year budgets. In response to Mayor Hart, Mr Huber noted that
' part of the design consideration would include the closure of Los Rios at Las Hadas. This
project, as well as the extension of "A" Street, would go through the normal planning
process, including public hearings.
Public Comments:
(1) Stephen Rios, Los Rios Adobe, emphasized the sensitivity of the Los Rios Historic
District and the changes that have taken place there over the last few years. He
expressed concern with the closing of Los Rios street prior to the extension of "A"
Street without thorough consideration of the ramifications. He spoke regarding the
existing circulation problems between pedestrians and autos because of the new
commercial activity in the area and the lack of sidewalks. He noted that visitors to
the District are unaware of these hazards that may create potential liability for the
City. He suggested that no additional commercial activity in the District be
considered until the existing traffic flow problems had been resolved. He requested
that consideration be given to providing for continued access to the back of his
property for his two tenants. He noted there has been no relief from commuter
parking in the neighborhood, adding that the street is sometimes reduced to one lane
because of people double parking waiting to pick up commuters.
(2) Jeff Vasquez, 31891 Los Rios Street, spoke in support of the proposed extension of
Paseo Adelanto, citing the need for additional circulation. He concurred with the
concerns expressed by Mr. Rios regarding the closure of Los Rios Street prior to the
extension of "A" Street. He indicated he liked the commercial changes in the District
and expressed appreciation for the City's support.
Mayor Hart advised that the extensions of Paseo Adelanto and "A" Street were intended to
alleviate traffic problems in the area; in the meantime, he suggested that law enforcement
assist in enforcing parking restrictions.
Council Member Nash indicated her feeling that the extension of Paseo Adelanto would
further commercialize the area, and cited opposition to taking funding away from other
previously -approved projects. Mayor Hart felt it was important to extend Paseo Adelanto
since the City cannot acquire the right-of-way from the County until the City determines what
is needed. He stated that the public hearing process would address uses and impacts and
urged that the process commence.
Council Member Swerdlin did not believe that the proposed extensions were a total
commercialization of the area, noting the need to balance the needs of the residential and
commercial uses and address the existing circulation problems. Council Member Campbell
felt that the proposed extensions would resolve many of the traffic problems in the area but
felt it was important to study the issues carefully.
Approval of Authorization to Proceed with the Paseo Adelanto Extension:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell, that
staff be authorized to proceed with the design and construction of the Paseo Adelanto
Extension from Del Obispo Street to Ramos Street, as follows:
City Counoil Minutes -19- 8/6/96
263
Prepare an alignment study of the Paseo Adelanto Extension from Del Obispo Street
to Ramos Street. The study shall include a sidewalk, lighting, closure of Los Rios
Street at Las Hadas, and the connection of private River Street (Jones and Ito access)
to Paseo Adelanto.
2. Pursue an amendment to the Los Rios Precise Plan to reduce the Paseo Adelanto
Extension from 40 feet curb -to -curb to 28 feet curb -to -curb.
Amend the 1996-97 Capital Improvement Budget to include $22,000 for the Paseo
Adelanto Extension and defer the following: a) the design of pavement rehabilitation
on Junipero Serra Road from Interstate 5 to Rancho Viejo Road ($5,000), b) the
closure of Los Rios Street at Ramos Street ($6,000), c) the design of Mission Hills
Drive pavement rehabilitation ($5,000), and d) reduce the scope of curb and gutter
rehabilitation on Avenida Aeropuerto (from $25,000 to $19,000).
The motion was carried by a 3-1-1 roll call vote, with Council Member Nash voting in
opposition and Council Member Jones abstaining due to a potential conflict of interest
relating to the proximity of his residence/business to the area under consideration.
COUNCMMANIC ITEMS
l\ 1Kelavaulacm wl Roxx 1 w\l� :_ 1 •
Written Communication:
Report dated August 6, 1996, from the City Clerk, requesting that a voting delegate and
alternate be selected to represent the City at the General Business Session of the 1996 League
of California Cities Annual Conference on October 13-15, 1996, in Anaheim.
Appointment of Voting Delegate:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that Mayor Hart serve as the City's voting delegate at the League's
Annual Conference on October 13-15, 1996.
Appointment of Voting Alternate:
It was moved by Council Member Jones, seconded by Mayor Hart, and unanimously carried
that Council Member Swerdlin serve as the City's voting alternate at the League's Annual
Conference on October 13-15, 1996.
City Council Minutes
.t �.� t • ��l•.9I!1
Council Member Campbell was very disappointed and apologized for the notification
received this date from the Transportation Corridor Agency advising that installation
of landscaping along the corridor promised by the Transportation Corridor Agency
has been delayed until November 1996 instead of by August 31. She felt that the
.20_ 8/6/96
264
delays were caused by inadequate work by the contractors, noting that bonuses for
' the contractors for completion of work were for road construction only and not
landscaping. Council Member Nash suggested that staff review the commitments
made to the City by the Transportation Corridor Agency in this regard and determine
whether the City should follow up on these commitments.
• • I
Council Member Swerdlin noted the meeting held on July 25, at which Tom Wilson
and Sherri Butterfield were elected as Chairman and Vice Chairman, respectively. He
indicated these appointments would provide South County cities with needed
representation for the first time.
C. Joint Powers Insurance Authority (170.30)
Council Member Swerdlin noted that he was elected to a one-year term to the
Executive Board of Directors. He advised that the Authority is attempting to keep
rates down and address risk management issues.
d. Orange County Waste Management Commission (810.10)
Council Member Nash advised that the Commission met with two agencies hired by
the County to evaluate proposals for operation of the County's landfills, e.g. whether
to lease or retain them. The majority of the Commissioners felt that most of the
participating cities would not support the sale of a landfill to a private entity without
public control and debated whether the County management would adequately
consider the public welfare.
• 1 1OT-1:
Council Member Nash announced that she had not intended to run for re-election to the City
Council. She spoke about the difficulty and the amount of times it takes to do a good job as
a Council Member, noting that she has served the City in various capacities for over 26 years.
Her decision not to run for re-election is based on her desire to pursue other interests in her
life. She felt that this City Council has accomplished many things, and she has no regrets in
deciding not to run. She indicated she enjoyed the job and expressed appreciation to the
community, City staff, and Council Members for their support.
u ►l� . 1 � 1
Council Member Campbell noted the number of famous and accomplished people living in
San Juan Capistrano and suggested that staff compile a list of these people for future
acknowledgement.
City Council Minute. 31- 8/6/96
265
1a► • muerm• m 1
Council Member Campbell expressed appreciation for the meaningful invocations given at
recent City Council meetings.
4. LATE COUNCIL MATERIALS (610.30)
Council Member Campbell requested that people be informed that Council Members cannot
read and give adequate attention to material submitted immediately before the Council
meeting; information should be submitted well in advance of the meeting.
CLOSED SESSION (610.85)
None. The items listed on the agenda were removed from consideration.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:57 p.m. to the
next regular meeting date of Tuesday, August 20, 1996, at 7:00 p.m. in the City Council Chamber.
ATTEST:
"i l a 41�Gd
WYATTYART,-MAYOR
City Council Minute.
Respectfully submitted,
F. JOH80y, CITY CLERK
8/6/96