96-1203_CC_Minutes_Regular Meeting378
' DECEMBER 3, 1996
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Hart at 7:05 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Monsignor Paul Martin of the Mission San Juan
Capistrano.
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`13BUIIl�►1C6 0iT-:
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager;
Richard K. Denhalter, City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton,
' Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas
Tomlinson, Planning Director; Joe Arranaga, Public Lands and Facilities Director; Al King, Jr.,
Community Services Director, Lt. Paul Sullivan, Chief of Police Services; Nancy Bernardi, Recording
Secretary.
Mayor Hart announced that the annual Christmas Tree Lighting ceremony would be held on Friday,
December 6, at the Texaco station parking lot on El Camino Real.
MOTION TO READ BY TITLE ONLY
It was moved by Council Member Jones, seconded by Council Member Campbell, and unanimously
carried that all Ordinances be read by title only.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following Commission representatives in attendance:
John Greiner (Planning Commission), Ed Johnson (Transportation Commission and Mobile
Home Park Review Committee), Pauline Leonard (Parks, Recreation, and Equestrian
Commission), Bill Hardy, Don Tryon, Tony Forster, and Marilyn Thorpe (Cultural Heritage
' Commission), Mike Rosenberger (Transportation Commission), Brian Baldridge and Tom
Facon (President and Executive Director of the Chamber of Commerce, respectively), and
Phillip Schwartze, former Mayor.
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379
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYI
DONATIONS (150.10)
Leah Beal, Manager of the Union Bank of California in San Juan Capistrano, presented the
City with three $1,000 checks for the following: 1) support of educational programs at the
Montanez Adobe, 2) to the San Juan Institute, and 3) to Economic Development for mobile
home/single family residence rehabilitation and scholarships. The donation was made from
the Union Bank of California Foundation Charitable Funds. The Foundation was established
primarily to support the scientific, educational, health, economic, and cultural needs in cities
where the bank is a major corporation.
2. LITTLE HOLLYWOOD HOUSING (430.301
Paulette Wattenburg spoke regarding a house on Mission Street owned by the Community
Redevelopment Agency, that will soon become vacant. She advised that the house was built
by her grandfather and sold to the Agency as part of the Jiminez Estate. She understood the
City's policy for selecting tenants for the Little Hollywood area and that staff was currently
reviewing a list of applicants to acquire the house. She stated that her grandfather always
wanted the house to stay within the family and that it was stipulated in the sale his
descendants would be able to do so. She stressed the importance of retaining family members
in the house and requested that she a part of discussions regarding the next tenant.
Mayor Hart requested that the City Manager meet with Ms. Wattenburg personally to discuss
this matter.
CONSENT CALENDAR
It was moved by Council Member Jones, seconded by Council Member Campbell, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF
NOVEMBER 5- ".
The Minutes of the Regular Meeting of November 5, 1996, were approved as submitted. _
City Council Minutes -2- 12/3/96
2. RECEIVE AND FILE WARRANTS OF NOVEMBER 20. 1996 1300.301
The List of Demands dated November 20, 1996, in the total amount of $112,618.34 was
received and filed.
As set forth in the Report dated December 3, 1996, from the City Attorney, the License
Agreement for Use of Public Property was approved with Dominic Nitti to establish and
maintain a garden on a portion of the Swanner property, for the one-year period of
October 1, 1996, through September 30, 1997. The Mayor was authorized to execute the
License Agreement on behalf of the City.
As set forth in the Report dated December 3, 1996, from the Engineering and Building
Director, the Agreement Establishing Slope Displacement Warranty Program was approved
' with San Juan Villas, L.P. and Ocean Pointe Homeowners' Association establishing a
Surficial Soils Remediation Program, as provided by Municipal Code Section 9-10.
The following items were removed from the Consent Calendar and voted on separately at the request
of Council Member Jones.
APPROVAL OF FINAL MAP. PARCEL MAP 92-123 - 31711 AND 31741
LOS RIOS STREET (TRULISlSOLA (420,70)
Written Communication:
Report dated December 3, 1996, from the Director of Engineering and Building,
recommending that Final Map 92-123 to subdivide a 2.595 -acre lot into four parcels at 31711
and 31741 Los Rios Street be approved. One parcel will encompass the existing parking area
for the Montanez Adobe, another will create a separate parcel for the Rodman House, the
third will be a "flag" lot for future development, and the fourth parcel is presently the Solag
Disposal site.
Approval of Final Map:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that
Final Map 92-123 to subdivide a 2.595 -acre lot into four parcels at 31711 and 31741 Los
Rios Street be approved, based on the finding that the Map is in conformance with the
' Subdivision Map Act and the conditions set forth by City Council Resolutions Nos.
92-11-17-3 and 96-8-6-10. The City Engineer and City Clerk were authorized to execute the
Final Map, and the City Clerk was directed to record the Map with the County Recorder.
Cay Council Minutes -3- 1M/%
381
The motion carried with Council Member Jones abstaining due to a potential conflict of
interest relating to the proximity of his residence/business to this project.
RESOLUTION
SETTING
THE DATE FOR A PUBLIC HEARING FOR
PROPOSED
VACATION
OF EXCESS RIGHT-OF-WAY - 31711 AND
31741 LOS
RIOS
STREET
(TRULIS/SOLAQr (820,40)
Written Communication:
Report dated December 3, 1996, from the Engineering and Building Director, recommending
that the date for a public hearing be set for January 7, 1997, regarding the proposed vacation
of excess right-of-way adjacent to 31711 and 31741 Los Rios Street. The Report advised
that the easement was unnecessary and could be vacated since pursuant to the Los Rios
Precise Plan, there was no recommendation or plan to widen Los Rios Street to its ultimate
width.
Adoption of Resolution Setting Date for Public Hearing:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
RESOLUTION NO 96-12-3-1. DECLARING INTENT TO VACATE
EXCESS RIGHT-OF-WAY ADJACENT TO 31711 AND 31741 LOS RIOS
STREET (TRULIS/SOLAGI - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
INITIATING PROCEEDINGS TO VACATE EXCESS RIGHT-OF-WAY
ADJACENT TO 31711 AND 31741 LOS RIOS STREET
(TRULIS/SOLAG).
The motion carried by the following vote:
AYES: Council Members Campbell, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSTAIN: Council Member Jones
ABSENT: None
PUBLIC HEARINGS
VACATION OF EXCESS RIGHT-OF-WAY - 27351 ORTEGA HIGHWAY
(PETERS/CULBERTSON) (82"40
Proposal:
Consideration of a request by Hal Peters and Andriette Culbertson, the present and
prospective owners of 27351 Ortega Highway, respectively, for the City to abandon an
City COMA Minutes -4- 12/3/96
UZI
easement for right-of-way for Ortega Highway for the installation of entry improvements to
the property. The proposed vacation was initiated at the meeting of November 5, 1996.
Annlicants:
Mr. Hal Peters, 27351 Ortega Highway, San Juan Capistrano, and Ms. Andriette Culbertson,
c/o Culbertson/Adams, & Associates, 85 Argonaut, Suite 220, Ahso Viejo, California 92656.
Written Communications:
(1) Report dated December 3, 1996, from the Engineering and Building Director,
recommending that the subject right-of-way be abandoned as requested.
(2) Memorandum dated November 26, 1996, forwarding corrections to the draft
Resolution, Exhibit "A," and the deed document, as requested by the applicants.
Mr. Huber made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Approving the Vacation of Excess Right -of -Way for Ortega
Highway:
It was moved by Council Member Jones, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO, 96-12-3-2. APPROVING VACATION OF EXCESS
RIGHT-OF-WAY - 27351 ORTEGA HIGHWAY (PETERS/
CULBERTSON) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
VACATION OF EXCESS RIGHT-OF-WAY ON ORTEGA HIGHWAY,
STATE ROUTE 74, ADJACENT TO 27351 ORTEGA HIGHWAY
(PETERS/CULBERTSON).
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
City Council Minutes -5- 12/3/96
ON
2. GEOLOGIC HAZARD ABATEMENT DISTRICT - TRACT 14398. CONCORDE
DEVELOPMENT (SAN JUAN VILLAS. L.P.) (345.90)
Proposal:
Consideration of a Resolution establishing a Geologic Hazard Abatement District (GHAD)
for Tract 14398, Concorde Development. Establishment of the District had been placed as
a condition of the project to provide future homeowners a tool to use in the event of a major
slope failure.
Written Communications:
(1) Report dated December 3, 1996, from the Engineering and Building Director,
recommending that the Geologic Hazard Abatement District be established. The draft
Resolution also recommended that the City Council be appointed as the District's
Board of Directors.
(2) Letter dated December 3, 1996, from Dennis Gage of Concorde Development, in
support of the proposed Geologic Hazard Abatement District.
Mr. Huber made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Establishing a Geologic Hazard Abatement District for Tract
14398:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
RESOLUTION NO 96-12-3-3. APPROVING FORMATION OF
GEOLOGIC HAZARD ABATEMENT DISTRICT 96-01 TRACT 14398
(CONCORDE DEVELOPMENT/SAN JUAN VILLAS. L.P.) - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE FORMATION OF
GEOLOGIC HAZARD ABATEMENT DISTRICT 96-01 FOR TRACT
14398 AND APPOINTING THE BOARD OF DIRECTORS (CONCORDE
DEVELOPMENT/ SAN JUAN VILLAS, L.P.).
The motion carried by the following vote:
City Council Minutes
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
-6-
12/3/96
Ml
' RECESS AND RECONVENE
Council recessed at 7:20 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:21 p.m. as the City Council.
ADMINISTRATIVE ITEMS
CITY MANAGER
AMENDMENT TO CITY'S PERSONNEL CLASSIFICATION AND
COMPENSATION PLAN, FISCAL YEAR 1996-97 - EXECUTIVE EMPLOYEES
(700,2W
Written Communication:
Report dated December 3, 1996, from the City Manager, recommending that the City's
Personnel Classification and Compensation Plan for Executive Employees be amended to 1)
provide a 3% salary increase for fiscal year 1996-97 in base salary or Deferred Compensation;
2) provide modifications to the Education Incentive Program; and 3) exchange the Retiree
Health Benefit Plan for a stipend from the OCERS ARBA Account towards the purchase of
the retiree's health care coverage.
' Adoption of Resolution Amending the City's Personnel Classification and
Compensation Plan:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
RESOLUTION NO, 96-12-3-4. AMENDING RESOLUTION NO
94-12-6-5_ THE CITY'S PERSONNEL CLASSIFICATION AND
COMPENSATION PLAN - FISCAL YEAR 1996-97 (EXECUTIVE
EMPLOYEES) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
RESOLUTION NO. 94-12-6-5, THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN (FISCAL YEAR 1996-
97 - EXECUTIVE EMPLOYEES)
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
' The Resolution authorized the appropriation of $14,755 from unallocated reserve funds to
implement the new salary schedule.
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0.161
CITY ATTORNEY
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Written Communication:
Report dated December 3, 1996, from the City Attorney, recommending that the draft
Ordinance be introduced amending Title 9, Chapter 10 of the Municipal Code to reserve the
rights of Geologic Hazard Abatement Districts to recover funds expended for emergency
repairs for soils subsidence.
Introduction of Ordinance Amending Title 9 Chanter 10 of the Municipal 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 Swerdlin,
seconded by Council Member Campbell, that the following Ordinance be introduced:
AMENDING TITLE 9. CHAPTER 10 OF THE MUNICIPAL CODE -
SOILS SUBSIDENCE REMEDIATION PROGRAM - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING TITLE 9, CHAPTER 10 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE RELATING TO THE SOILS SUBSIDENCE
REMEDIATION PROGRAM.
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
ADMINISTRATIVE SERVICES DIRECTOR
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Written Communication:
Report dated December 3, 1996, from the Administrative Services Director, recommending
that staff be directed to prepare a Request for Proposal for use of the unimproved parcels
located at the northeast and northwest corners of La Novia Avenue and San Juan Creek
Road.
City COOneil Minutes
.g_ 12/3/96
' Council Member Campbell stressed her desire to assure that this area remain recreational land
and that no more recreational land be lost in the community. She requested that the Request
for Proposal make it clear that this property is to remain as public recreational land.
Authorization to Prepare Request for Proposals:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell, and
unanimously carried that staff be directed to prepare a Request for Proposal for use of the
unimproved parcels located at the northeast and northwest corners of La Novia Avenue and
San Juan Creek Road.
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Written Communications:
(1) Report dated December 3, 1996, from the Engineering and Building Director,
advising that on September 17, 1996, the City Council had approved the Concept
Plan for the Community Center. The Report also presented an all -wood option, as
well as an alternative material with the appearance of wood but with less maintenance
issues and less cost. The following four building material options were presented for
' consideration: Option A (plaster/redwood siding), Option B (plaster/fibercement
siding), Option C (all redwood siding), and Option D (all fibercement siding). The
Report recommended approval of Option A.
(2) Memorandum dated November 26, 1996, from the Engineering and Building
Director, forwarding a letter from LPA, the consultant architect, responding to
concerns regarding the durability of paint on the fibercement siding. The letter
advised that the sample had been by LPA to show color and texture only.
(3) Memorandum dated November 26, 1996, from the Engineering and Building
Director, reviewing alternative roof materials and related costs. The report advised
that galvanized steel had been proposed; however, painted steel, flat concrete tiles,
and slate shingles would also be appropriate materials.
Sharon Heider, Open Space Project Manager, made an oral presentation, noting the Council's
September 17, 1996 action approving the Community Center Concept Plan. She noted that
the siding materials were to be returned for Council review and approval and the architect
was to make a recommendation on the Council's request for a 3 -foot stucco band around the
building to prevent water damage. The following exhibits were on display: (1) Exhibit A, the
architect's recommendation for a stucco/wood-sided building, (2) Exhibit B, an all -wood -
sided building; (3) samples of the following siding materials: stained redwood, painted
' redwood, and fibercement siding; (4) samples of alternate roof materials; and, (5) design
development plans for the site, including a patio and shuffleboard court at the Senior area, and
the water feature at the entry courtyard. Ms. Heider discussed concerns relating to
City Council Minutes -9- 12/3/96
389
vandalism. She noted that stained wood surface could not be repaired if damaged with
painted graffiti; she further advised that the fibercement material resembled the texture of
wood but was resistant to etching. She noted that the Sports Park buildings had already
experienced etching damage. Ms. Heider discussed the alternate roofing materials, noting
that galvanized steel had been approved. Should tile and slate be chosen to replace the
galvanized steel, installation costs would increase significantly.
Ms. Heider provided a design update, noting that a patio and shuffleboard area could be
created off the senior portion of the Community Center which would provide a more
functional, programmable space. An overview of the water feature design was also presented.
She requested comments and advised that design updates would be provided during the
review process.
Council Member Jones clarified his original preference for stucco rather than split face block
for the first floor of the gymnasium because it would be easier to maintain, particularly if
vandalized. He also reiterated his previous recommendation to include a 3 -foot band of
stucco at the base of the Administration building for ease of maintenance and weather
resistance, with the remainder to be constructed of wood. He felt that the combination of
painted (not stained) wood and stucco would add character to the building and break up the
monotony of the wood. With regard to the roof, he preferred a painted metal roof, similar
to that at the Hausdorfer Field pavilion, because it would not change the structure of the
building significantly and would be less costly. He preferred painted wood siding rather than
an artificial material.
Steve Kendrick of LPA, Inc., the architectural firm retained to design the Community Center,
explained that the architect's recommendation did not include the 3 -foot band around the
Administration building because they felt it did not fit into the "added -onto" feeling of rural
architecture.
Council Member Nash expressed concern that the options proposed by the architect did not
reflect the direction given by the Council at the September 17, 1996, meeting, in that the
senior portion was to be completely constructed of wood with no stucco, and the remainder
to be constructed of stucco. She supported Council Member Jones' statements and indicated
her support of a painted metal roof.
Council Member Campbell indicated she agreed that painted wood would be better than stain
because of the potential for vandalism. Council Member Campbell expressed strong concern
that the materials proposed for the Community Center did not have a barnlike appearance,
particularly due to the use of stucco. Although she preferred wood, tile or slate to metal for
the roof and understood its cost considerations, she felt that if metal was selected, it should
be painted. She believed that the Center should have an appearance that reflected the City's
history and character as much as possible.
Council Member Swerdlin concurred with the use of a painted metal roof and stated his
preference for all -wood materials. In response to Council Member Swerdlin, Council
City Council Minutes
-W. 12/3/96
' Member Jones stated that although he understood the architect's point of view regarding the
architectural inconsistency of the 3 -foot band of stucco and he would be willing to forego
that; however, it was his feeling that smooth -face stucco was necessary for maintenance
purposes and for repair of vandalism, particularly on the first floor of the gymnasium.
Council Member Nash felt that stucco would be appropriate for the lower portion of the
gymnasium since it would be partially screened by trees and its location close to the school
had more of the potential for vandalism. However, she preferred that the rest of the building
and all of the community center be constructed of wood only, noting she would be willing to
forego the 3 -foot band around the base.
Mayor Hart indicated his support for Option A recommended by staff and a painted metal
roof.
Ms. Heider suggested that a final decision on the materials for the gymnasium could be set
aside for a future date since it is not a part of Phase I construction.
Motion to Approve Materials for Phase I of the Community Center (withdrawn):
It was moved by Council Member Nash, seconded by Council Member Campbell, that Phase
1, the Senior Center portion of the Community Center, be constructed of painted wood only,
with no stucco base, and that of materials for the gymnasium (Phase 2) be postponed to a
' later date.
In response to Council Member Campbell's request, Leason Palmeroy of LPA, felt that
constructing the Senior Portion of the Community Center of wood with a metal roof was the
best option at this time. Mayor Hart stressed the importance of addressing maintenance and
the potential for vandalism.
irl
With the concurrence of the second, Council Member Nash withdrew her motion.
Motion to AnprovPMateria_I_s for Phe I of the Communitv Center (failed):
It was moved by Council Member Nash, seconded by Council Member Campbell, that the
entire Phase 1 of the Community Center be constructed of painted wood only and no stucco,
with a painted metal or wood roof, and that consideration of materials for the gymnasium
(Phase 2) be postponed to a later date for a determination regarding whether the first floor
of the gymnasium should be wood or stucco.
The motion failed by the following roll call vote:
AYES: Council Members Campbell and Nash
NOES: Council Members Jones and Swerdlin and Mayor Hart
ABSENT: None
City Cowoil Minutes -11- 12/3/96
NM
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In response to Council Member Swerdlin, Council Member Jones reiterated his concerns with
maintenance and vandalism if stucco is not used on the building. He felt that the use of stucco
with wood on both the gymnasium and Senior Center buildings was appropriate.
In response to Council Member Campbell, Mr. Palmeroy indicated that painted wood would
repel water but that it would eventually discolor along the base. He reiterated his preference
for all -wood materials to meet the design criteria for an agrarian theme; however, he indicated
his support of the staff recommendation for Option A (Exhibit A).
Motion to Approve Staff Recommendation for Option A Exhibit A) Building
Materials for the Community Center withdrawn):
It was moved by Mayor Hart, seconded by Council Member Jones, that Option A be selected
as the preferred building exterior material for the Community Center, utilizing painted wood,
stucco under the eaves, and a painted metal roof. The motion carried with Council Members
Campbell and Nash voting in the negative. Prior to a roll call vote Council Member Jones
requested that Sharon Heider review the staff recommendation.
Ms. Heider clarified that the in the current staff recommendation everything that had
originally been split face block was now stucco; that on September 17 there had been
discussion regarding the use of wood on the second floor portion above the community
center; and, that the architect had been asked to make a recommendation regarding the splash
wall. She inquired whether the motion was intended to modify the materials above the —
administrative community hall from stucco to wood and whether the long wall shown as
stucco should be wood. Council Member Nash indicated that the display wall between the
Community Center and the gymnasium was to be wood, as well as and the entire Senior
Center, with the exception of a 3 -foot band of stucco at the base.
Council Member Jones noted his personal and professional experience with these types of
materials and reiterated his preference for a combination of stucco and wood to break up the
monotony of wood. In addition, he felt that public buildings are subject to numerous kinds
of accidental abuse and vandalism and that stucco was a more practical material.
With the concurrence of the second Mayor Hart subsequently withdrew his motion..
Motion to Approve Building Materials for Phase 1 of the Community Center (failed):
It was moved by Council Member Campbell, seconded by Council Member Nash, that Phase
1, the Senior Center portion of the Community Center, be constructed of painted wood only,
without stucco; the metal roof is to be painted; and, consideration of materials for the
remainder of the project (Phase 2) will be postponed to a later date. The motion failed by the
following roll call vote:
City Council Minutes
AYES: Council Members Campbell and Nash
NOES: Council Members Jones, Swerdlin and Mayor Hart
ABSENT: None
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12/3/96
MOL
' Selection of Exterior Buildine Materials for Phase I:
It was moved by Mayor Hart, seconded by Council Member Swerdlin, that the staff
recommendation, Option A, utilizing painted wood and stucco combination, be selected as
the preferred building materials for the exterior of Phase 1, the Senior Center portion of the
Community Center only, with the modification that the wood be painted rather than stained
and the metal roof also be painted. Consideration of materials for the gymnasium (Phase 2)
was postponed to a later date. The motion was carried by the following roll call vote:
AYES: Council Members Jones, Swerdlin, and Mayor Hart
NOES: Council Members Nash and Campbell
ABSENT: None
BUDGET AMENDMENT AND PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO RECEIVE BIDS - PREVENTATIVE STREET
MAINTENANCE 1996-97 (600.30)
Written Communication:
Report dated December 3, 1996, from the Director of Engineering and Building,
' recommending that the plans and specifications for the 1996-97 Preventative Street
Maintenance, consisting of four Capital Improvement Projects, be approved.
Approval of Plans and Specifications for Preventative Street Maintenance 1996-97:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that the plans and specifications be approved for the 1996-97
Preventative Street Maintenance, consisting of the following Capital Improvement Projects:
1) Via California/Camino Las Ramblas (replacement of existing asphalt concrete and
installation of an asphalt concrete overlay), 2) Avenida Aeropuerto (replacement of existing
asphalt concrete and installation of an asphalt concrete overlay), 3) Mission Hills (replacement
of existing asphalt concrete and installation of an asphalt concrete overlay), and 4) Avenida
De La Vista (installation of two speed bumps). Staff was authorized to receive bids. Staff
was fiuther authorized to shift the funding source for the Mission Hills project in the amount
of $89,000 from Systems Development to Measure M Local Return.
ORDINANCES
1. AMENDMENTS TO THE MUNICIPAL CODE REGULATING MASSAGE
THERAPY (460.30) (ADOPTION)
Written Communication:
' Report dated December 3, 1996, from the City Clerk, advising that the Ordinance was
introduced at the meeting of November 19, 1996, and was scheduled for adoption.
City Council Minutes -13- 1713/96
391
Adoption of Ordinance: _
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Jones, seconded
by Council Member Swerdlin, that the following Ordinance be adopted:
ORDINANCE NO 785 REGULATING MASSAGE PRACTITIONERS -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE SAN JUAN CAPISTRANO
MUNICIPAL CODE TITLE 3, CHAPTER 4, ARTICLE 2, ENTITLED
"TAXES," TITLE 5, CHAPTER 24, ENTITLED "REGULATION OF
MASSAGE THERAPY," AND TITLE 9, CHAPTER 3, ARTICLE 4,
ENTITLED "BASE DISTRICT REGULATIONS" WITH RESPECT TO
THE REGULATION OF MASSAGE PRACTITIONERS.
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
I. ORAL REPORTS OF OUTSIDE AGENCIES
a. ca„ Joan Hills Transportation Corridor (800,50)
Council Member Campbell advised that it had only taken 20 minutes to travel to a
meeting in Santa Ana on the newly opened Transportation Corridor. She noted she
had received much positive feedback regarding the corridor.
b. San Juan Basin Authority (1050,60)
Council Member Jones noted his attendance at the meeting held this date and reported
that: 1) the Chairman of the Trabuco Water District was defeated in the November
election, and 2) the agreement with the Moulton -Niguel Water District had not yet
been finalized with regard to the purchase of the lakefill waterline.
C. Orange County Joint Fire Authority (540.80)
City Council Minutes
Council Member Swerdlin noted his attendance at the recent meeting and reported
that negotiations were still ongoing with the Firefighters Association.
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392
d. Joint Powers Insurance Authority (170.30)
Council Member Swerdlin noted the meeting scheduled for December 18.
e. Orange County Vector Control (560.50)
Council Member Swerdlin noted his attendance at the meeting held in November,
which included discussions on purchasing a new computerized system.
JOINT CITY COUNCIL/COMMUNITY REDEVELOPMENT
AGENCY REORGANIZATION (630.20)
Written Communications:
(1) Report dated December 3, 1996, from the City Clerk, advising that Incumbent
Council Member Collene Campbell and John Greiner had been elected to four-year
terms of office at the November 5, 1996, General Municipal Election. The Report
advised that the official canvass had been conducted by the County Registrar;
however, the final results had not been certified and received by the City in time for
the agenda packet. The Report noted that the certified results would be forwarded
to the City Council prior to the meeting.
(2) Memorandum dated November 27, 1996, from the City Clerk, forwarding a revised
Resolution containing the certified results of the election.
Declaration of Results:
It was moved by Council Member Campbell, seconded by Council Member Nash, that the
following Resolution be adopted:
RESOLUTION NO. 96-12-3-5
DECLARING RESULTS OF ELECTION - NOVEMBER 5, 1996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 1996,
DECLARING THE RESULT AND SUCH OTHER MATTERS AS
PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of San
Juan Capistrano, California on Tuesday, November 5, 1996, as required by law; and
' WHEREAS, notice of the election was given in time, form, and manner as provided
by law, that voting precincts were properly established; that election officers were appointed and that
City Council Minutes -15- 12/3/96
06M
in all respects the election was held and conducted and the votes were cast, received and canvassed
and the returns made and declared in time, form, and manner as required by the provisions of the
Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, pursuant to Resolution No. 96-6-18-2 adopted June 18, 1996, the
Orange County Registrar of Voters canvassed the returns of the election and has certified the results
to this City Council, the results are received, attached, and made a part hereof as "Exhibit A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
SECTION 1.
That the whole number of votes cast in the City except absent voter ballots was 8,797.
That the whole number of absent voter ballots cast in the City was 2,599, making a
total of 11,396 votes cast in the City.
are as follows:
SECTION 2.
That the names of persons voted for at the election for Member of the City Council
1. Collene Campbell
2. John Greiner
3. Robert A. Hagstrom
SECTION 3.
That the number of votes given at each precinct and the number of votes given in the
City to each of the persons above named for the respective offices for which the persons were
candidates were as listed in Exhibit "A" attached.
SECTION 4.
The City Council does declare and determine that:
Collene Campbell
was elected as Member of the City Council for the full term of four (4) years; and
John Greiner
was elected as Member of the City Council for the full term of four (4) years.
SECTION 5.
The City Clerk shall enter on the records of the City Council of the City a statement
of the results of the election, showing:
City Council Minutes -16- 12/3/96
sit
1. The whole number of votes cast in the City;
2. The names of the persons voted for;
3. For what office each person was voted for;
4. The number of votes given at each precinct to each person;
5. The number of votes given in the City to each person.
SECTION 6.
That the City Clerk shall immediately make and deliver to each of the persons so
elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall
also administer to each person elected the Oath of Office prescribed in the Constitution of the State
of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and
all of the persons so elected shall then be inducted into the respective office to which they have been
elected.
SECTION 7.
That the City Clerk shall certify to the passage and adoption of this Resolution and
enter it into the book of original Resolutions.
PASSED, APPROVED, AND ADOPTED this 3rd day of December, 1996.
WYATT HART, MAYOR
ATTEST:
CHERYL JOHNSON, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 96-12-3-5
adopted by the City Council of the City of San Juan Capistrano, at a regular meeting held on the 3rd
day of December, 1996, by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
(SEAL)
CHERYL JOHNSON, CITY CLERK
City Council Minutes -17- 1713/96
395
EXHIBIT A
CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT
OF THE CANVASS OF THE GENERAL ELECTION RETURNS
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I, Rosalyn Lever, Registrar of Voters of Orange County, do hereby certify
the following to be a full, true and correct Statement of the Vote of the
election listed below, consolidated with the General Election held on November
5, 1996.
CITY OF SAN JUAN CAPISTRANO
MEMBER OF THE CITY COUNCIL
COLLENE CAMPBELL 5,899
JOHN GREINER 4,339
ROBERT A. HAGSTROM 1,883
PRECINCT BALLOTS CAST: 8,797
ABSENTEE BALLOTS CAST: 2,599
TOTAL BALLOTS CAST: 11,396
I hereby certify that the number of votes cast is as set forth above and
appears in the Certified Statement of the Vote.
WITNESS my hand and Official Seal this 26th day of November, 1996.
•••.•....... a,
••.• GXgtRAROF x,01
.
10
ROSALYN LEVER
REGISTRAR OF VOTERS
? Orange County
_• Vie._
X33.'
396
GRN®tAL SUCTION, NOVBNBBR 5, 1996
it
a
.. P.. 1 . '------
397
Precinct. #
49-113
POLI ING LOCATIONS - CITY
NOVEMBER 5. 1996. GENERAL.
Location
Richard Residence
OF SAN JUAN
MUNICIPAL
Precinct #
49-116
CAPISTRA_NO
...CTION
Location
Faunce Residence
28791 Calle Posada
31201 Harmony Hall Ct
49-117
Great Western Bank
49-118
Comunity Counseling Center
31972 Camino Capistrano
27514 Calle Arroyo
49-119
Mariner Village Clubhouse
49-120
Thompson Residence
25615 Mariner Dr.
31812 Via de Linda
49-121
Village San Juan Clubhouse
49-122
South Coast Christian Assembly
26383 Shadybrook Rd
31501 Avenida Los Cerritos
49-123
Rancho del Avion Clubhouse
49-125
Catlett Residence
32742 Alipaz St
27365 Paseo La Serna
49-126
Jensen Residence
49-127
Lance Residence
33771 Kinkerry Ln
25581 Via Inez Rd
49-335
Villa Del Obispo
49-336
Capistrano Volkswagen
32200 Del Obispo St
32852 Valle Rd
49-338
Marco Forster Jr High
49-339
Capo Valley Mobile
25601 Camino del Avion
Estates Clubhouse
26000 Avenida Aeropuerto
49-341
Village San Juan Clubhouse
49-343
Rancho Del Avion Clubhouse
26383 Shadybrook Rd
32742 Alipaz Street
49-344
Outpost Clubhouse
49-346
La Sala
30201 Outpost Rd
31495 El Camino Real
49-348
Harold Ambuehl School
49-349
Capistrano Point Apts. Clubhouse
Multi -Purpose Rm/Stage
26451 Camino de Vista
28001 San Juan Creek Rd
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En
RECOGNITION OF OUTGOING COUNCU,MEMBER
Nancy Ferruzzo, 28291 Via Rueda, expressed appreciation to outgoing Council Member
Nash on behalf of residents for her commitment to the City, countless hours of service, hard
work, intelligence, understanding of the government process, integrity, selfless attitude in
working to preserve the City's special character, persistence and fortitude, upholding her
campaign pledges, and not comprising the City's values.
Lt. Paul Sullivan presented Council Member Nash with her City Council Member plaque and
badge on behalf of the Sheriff's Department and the Deputies in San Juan Capistrano. He
expressed appreciation to Council Member Nash for her many years of service, support,
dedication, and commitment to public safety and the quality of life in San Juan Capistrano.
Council Member Swerdlin presented a Resolution of Appreciation to Council Member Nash
in recognition of her service on the City Council. Council Member Campbell presented
Council Member Nash with her portrait, noting that she has been a good friend to the
residents of San Juan Capistrano. Mayor Hart presented a City plaque and Mayor's badge
and commended Council Member Nash on her dedication. He also expressed appreciation
to her family for their support during her long term of service to the community. Council
Member Jones noted that he has served with Council Member Nash in various capacities over
' the years and commended her dedication to the community, thorough examination of the
issues for the betterment of the community, hard work, character, and efforts on the
development of the Community Center. He presented flowers to Council Member Nash,
noting that her husband had been unable to attend due to minor surgery.
Tony Forster, 25951 Calle Ricardo, noted that he had known Council Member Nash since
1970 and commended her and her husband Doug, both former Mayors, on their dedication
in serving the community.
Council Member Nash noted the following achievements which she had helped to accomplish
during her 26 years of service to the City: ridgeline preservation, preservation of natural open
space areas and creeks, preservation of historic buildings and character in the downtown area,
reduction of City buildout, and the establishment of business and architectural guidelines to
preserve San Juan Capistrano's small-town character. She indicated that her objective as a
City Council Member had been to refocus the City's direction back towards these original
goals, as well as to improve the physical aesthetics of the downtown area, revitalize
businesses, and resolve issues involving outside agencies. She highlighted the
accomplishments made in the downtown area during her term of office, as well as throughout
the City. She expressed appreciation to the following people for their support: the City
Manager, department heads, City staff, City Council support staff, present and former City
Council Members, and residents. Council Member Nash also thanked her husband Doug for
' his support and understanding and for taking a leadership role in developing guidelines for
San Juan Capistrano.
City Council Minutes -21- 1113/96
399
After concluding her remarks, Carolyn Nash left her seat.
OATH OF ALLEGIANCE AND PRESENTATION OF CERTIFICATES OF ELECTION
The City Clerk presided at the meeting and administered the Oath of Office to Council
Members -elect Campbell and Greiner. Following the Oath of Office, the City Clerk presented
the Certificates of Election, and the new City Council was seated.
Mayor Hart congratulated Council Member Greiner on running a successful campaign and
commended his service as Planning Commissioner. Mayor Hart stated that Council Member
Campbell was a great asset to the City and commended her professionalism, noting that she
was selected as 1996 "Woman of the Year" for the State of California.
4. ROLL CALL OF • • COUNCEUREDEVELOPMENT
AGENCY BOARD OF DIRECTORS
PRESENT: Collene Campbell, Council Member
John Greiner, Council Member
Wyatt Hart, Council Member
Gil Jones, Council Member
David M. Swerdlin, Council Member
ABSENT: None
Council Member Campbell expressed appreciation to the community for their support and
indicated she would continue to do the best job possible for the City. She commended the
other City Council Members on their dedication to the community.
Council Member Greiner expressed appreciation to the voters for their support and
encouragement and indicated he would work in the best interests of the community. He
commended the hard work by the other Council Members and former Council Member
Carolyn Nash and looked forward to working with the Council.
W • ue •t :►I• u2 •C':•
Council Member Hart expressed appreciation to residents for their support and to City staff
for their hard work and support. Council Member Jones commended Council Member Hart
for including being the driving force behind many of the City's accomplishments during his
term of office.
Election of Mayor:
The City Clerk opened nominations for the Office of Mayor. Council Member Jones
nominated Council Member Swerdlin for the Office of Mayor; Council Member Campbell
City Council Minulee
-22- 12/3/96
seconded the nomination. There being no further nominations, nominations were closed. It
was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that David M. Swerdlin be elected as Mayor for a one-year term ending
December 1997. Mayor Swerdlin assumed the chair and presided during the election of
Mayor Pro Tempore.
Mayor Swerdlin presented a gavel plaque to outgoing Mayor Hart in recognition of his
service as Mayor over the past year and commended him on doing an excellent job. Mayor
Swerdlin also presented flowers to Mrs. Hart for her support.
Mayor Swerdlin thanked residents for their support and input and looked forward to his year
serving as Mayor. He also expressed appreciation to City staff and the City's commissions
and boards.
Election of Mavor Pro Tempore:
Mayor Swerdlin opened nominations for the Office of Mayor Pro Tem. Council Member
Campbell nominated Council Member Jones for the Office of Mayor Pro Tem; Council
Member Hart seconded the nomination. There being no further nominations, nominations
were closed. It was moved by Council Member Campbell, seconded by Council Member
Hart, and unanimously carried that Gil Jones be elected as Mayor Pro Tem for a one-year
term ending December 1997.
Written Communication:
Report dated December 3, 1996, from the City Clerk, forwarding the Resolution authorizing
the signatures of the newly elected Mayor or Mayor Pro Tem and the City Treasurer or
Deputy City Treasurer or the Administrative Services Director.
Authorization of Signatures:
It was moved by Council Member Campbell,
following Resolution be adopted:
seconded by Council Member Jones, that the
RESOLUTION NO. 96-12-3-6. DEPOSIT AND INVESTMENT OF CITY
FUNDS AND AUTHORIZING SINA 1RES - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DELEGATING TO THE CITY TREASURER
AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR
REINVEST CITY FUNDS, AUTHORIZING SIGNATURES AND
REPEALING RESOLUTION NO. 95-12-5-5
The motion carried by the following vote:
City Council Minutes
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12/3/96
X11
AYES: Council Members Campbell, Greiner, Hart, Jones, and Mayor
Swerdlin
NOES: None
ABSENT: None
SELECTION OF CHAIRMAN AND VICE CHAIRMAN - CONUVIUNITY
REDEVELOPMENT , 11 1
Selection of Chairman:
The Agency Secretary opened nominations for the Office of Chairman. Director Campbell
nominated Director Hart for the Office of Chairman; Director Jones seconded the nomination.
There being no further nominations, nominations were closed. It was moved by Director
Campbell, seconded by Director Jones, and unanimously carried that Wyatt Hart be selected
as Chairman for a one-year term ending December 1997.
Selection of Vice Chairman:
Chairman Hart opened nominations for the Office of Vice Chairman. Director Campbell
nominated Director Greiner for the Office of Vice Chairman; Director Jones seconded the
nomination. There being no further nominations, nominations were closed. It was moved by
Director Campbell, seconded by Director Jones, and unanimously carried that John Greiner
be selected as Vice Chairman for a one-year term ending December 1997.
RESOLUTION AUTHORIZING DEPOSIT AND INVESTMENT OF AGENCY
FUNDS ,320.101
Written Communication:
Report dated December 3, 1996, from the Agency Secretary, forwarding the Resolution
authorizing the signatures of the newly elected Chairman or Vice Chairman and the Executive
Director, Agency Secretary, and Agency Finance Director.
Authorization of Signatures:
It was moved by Director Campbell, seconded by Director Hart, that the following Resolution
be adopted:
RESOLUTION NO CRA 96-12-3-1 DEPOSIT AND INVESTMENT OF
AGENCY FUNDS AND AUTHORIZING SIGNATURES - A
RESOLUTION OF THE SAN JUAN CAPISTRANO REDEVELOPMENT
AGENCY, DELEGATING TO THE AGENCY FINANCE OFFICER
AUTHORITY TO DEPOSIT AGENCY FUNDS AND TO INVEST OR
REINVEST AGENCY FUNDS, AUTHORIZING SIGNATURES AND
REPEALING RESOLUTION NO. CRA 95-12-5-1
The motion carried by the following vote:
City Council Minutes
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12/3/96
402
AYES: Directors Campbell, Greiner, Jones, Swerdlin, and Chairman Hart
NOES: None
ABSENT: None
1 �' • •WIM111IR9311 1Nq 114 • I I • •••
Written Communication:
Report dated December 3, 1996, from Carole Jacklin, Council Services Administrator,
regarding the vacancy on the Planning Commission as a result of John Greiner's election to
the City Council.
Declaration of Vacancy:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried to declare the position on the Planning Commission vacant. The City
Clerk was directed to post notices of the vacancy and to advertise for applications for the
position, with a deadline of January 3, 1997. Council Members Jones and Greiner were
selected to review the applications and provide a recommendation to the Council.
I
None
CLOSED SESSION (610.85)
None
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:13 p.m. to the
next regular meeting date of Tuesday, December 17, 1996, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
L. • WW CLERK
ATTEST-
CHERYL
TTEST:
City cowed Minute. -25- 12/3/96