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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: City Courted Minutes -1- 8/6/96 245 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. ' v x• 1__ .•a • ll ••. 11 1 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 .11 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: City Coonan Mint -2- 8/6/96 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). • •\:'j, II\ :1 U • • •' 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 City Council Minutes -3- 816/% 247 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. •\• UI. ► C I\ .11 1 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 -4 8/6/96 Im 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. City Council Minutes -5- 8/6/% 249 (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 • • • • • 111"V10.0161 L •► • 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. City Council Minutes -6- 8/6/96 250 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 City Council M&nUm -7- 8/6/96 251 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 City Ccumil N inuwe -8- 8/6/96 252 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 City Council Minutes -9- 8/6/96 2S3 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. City Council Minutes .10- 8/6/96 254 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. City Council Minutu -I1- 8/6/96 255 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 City Council Minutes -12- 8/6/96 256 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 WIN .•._r-Gl 101911 1181W,01%a IMI. aI Lei 30211 •► 1 "110411 Low 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