95-0321_CC_Minutes_Regular Meeting101
MARCH 21, 1995
' 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 Nash at 7:10 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Lee Nelson, Assembly Member, Baha'i Faith/Local
Spiritual Assembly of San Juan Capistrano.
ROLL CALL: PRESENT: Carolyn Nash, Mayor
Collene Campbell, Council Member
Wyatt Hart, Council Member
Gil Jones, Council Member
David Swerdlin, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M.
Huber, Director of Engineering and Building Services; Thomas Tomlinson, Director of Planning
. Services; Al King, Jr., Director of Community Services; Lt. Paul Sullivan, Chief of Police Services;
Nancy Bernardi, Recording Secretary.
It was moved by Council Member Jones, seconded by Council Member Hart, and unanimously
carried that all Ordinances be read by title only.
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1
Council Member Campbell introduced the following Commission representatives in
attendance: Roy Nunn (Planning Commission), Bill Sonka (Transportation Commission),
Pauline Leonard (Parks, Recreation, and Equestrian Commission), and Bill Hardy (Los Rios
Review Committee).
1. AYSO ALL-STAR TOURNAMENT (610.40)
Roy Nunn, 31011 Paseo Valencia, reported on the accomplishments of AYSO Region 87 in
regional All-Star championships. He advised that the Division 3 Girls Team and the Girls 4
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League Team would be competing in the Tri -Sectional Championships on March 26. Mayor
Nash congratulated the Division 3 team on behalf of the City and wished them success in the
upcoming championship.
Tom Lorch, submitted his letters dated March 20, 1995, to the City Council, and January 12,
1995, to the Engineering and Building Director, regarding his concerns with the flood damage
along Trabuco Creek. He stated that the storms caused significant erosion to his property
and damage to drains. He advised that he had requested the County Flood Control District
to repair the damage, including the 20 -foot equestrian easement running the length of his
property. He displayed maps showing the existing flow of Trabuco Creek, the existing
equestrian easement, and Trabuco Creek as it flows into San Juan Capistrano from outside
areas. He requested that the City file for repair of the equestrian easements along his property
and work with the County Flood Control District and affected property owners to ensure
long-term flood protection in as natural a way as possible. Mr. Huber noted that a meeting
was scheduled with City staff and Mr. Lorch to discuss his concerns on Thursday, March 23.
WIN&I noel1
It was moved by Council Member Jones, seconded by Council Member Hart, 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, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
• ' ' ; • • • 1� 1 ull►l
The Minutes of the Regular Meeting of February 21, 1995, were approved, with a correction
to the spelling of Council Member Hart's name on page 1, Motion to Read by Title Only.
The List of Demands dated March 1, 1995, in the total amount of $204,383.40 was received
and filed.
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AS OF :; •• (350,30)
The City Treasurer's Report of Investments as of February 28, 1995, in the total amount of
$14,297,838.73 was received and filed.
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4. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440 10)
The Report dated March 21, 1995, from the Planning Director, advising that one new
development application had been received by the City since the last report of February 21,
1995, was received and filed.
(STEWART & ASSOCIATES)(600.30)
As set forth in the Report dated March 21, 1995, from the Public Lands and Facilities
Director, the bid for the 1995 Weed and Refuse Abatement Program was accepted as
complete and the contract awarded to the lowest responsible bidder, Stewart & Associates,
in the amount of $12,596.82. All other bids were rejected. The Mayor and City Clerk were
authorized to execute the contract on behalf of the City.
As set forth in the Report dated March 21, 1995, from the Engineering and Building Director,
the following Resolution was adopted accepting the dedication of a sewer easement within
Tract 5514 (San Juan Hills) from San Juan Golf, Inc.:
'
RESOLUTION NO, 95-3-21-1. ACCEPTANCE OF SEWER EASEMENT -
SAN JUAN HILLS COUNTRY CLUB/SAN JUAN GOLF. INC.- A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR
SEWER PURPOSES LOCATED ON THE SAN JUAN HILLS COUNTRY
CLUB (SAN JUAN GOLF, INC.)
The City Clerk was directed to record the document with the County Recorder.
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As set forth in the Report dated March 21, 1995, from the Engineering and Building Director,
the following Resolution was adopted accepting the dedication of a sewer easement at 31501
Avenida Los Cerritos from the Christian Assembly Church:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR
SEWER PURPOSES LOCATED ON PROPERTY AT 31501 AVENIDA
LOS CERRITOS /CHRISTIAN ASSEMBLY CHURCH
The City Clerk was directed to record the document with the County Recorder.
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104
As set forth in the Report dated March 21, 1995, from the Engineering and Building Director,
the License Agreement between the City and Mr. and Mrs. Deschuytter was approved for the
construction of a retaining wall, gate, and wrought iron fencing in a portion of a City storm
drain and sewer easement at the rear property line at 28072 Via Rueda. The Mayor and City
Clerk were authorized to execute the License Agreement, and the City Clerk was directed to
record the Agreement with the County Recorder.
•
RESOLUTION
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(570,30)
10
As set forth in the Report dated March 21, 1995, from the Engineering and Building Director,
the following Resolution was adopted formally ratifying existing downtown parking
restrictions to bring all past changes into conformity and to ensure proper enforcement:
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RESOLUTION - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
PARKING RESTRICTIONS ON CERTAIN STREETS OR PORTIONS
THEREOF AS DESCRIBED IN EXHIBITS A THROUGH J, AND
SUPERSEDING ALL PREVIOUS DOWNTOWN PARKING
RESTRICTIONS ADOPTED BY RESOLUTION
The adoption of this Resolution supersedes any other restriction adopted by Resolution that
may be in conflict. Council Member Jones abstained due to a potential conflict of interest due
to the proximity of his residence/business to the subject area.
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As set forth in the Report dated March 21, 1995, from the Engineering and Building Director,
the following Resolution was adopted:
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RESOLUTION NO 95-3-21-4 RELIEF FROM REQUIREMENT TO
DESIGN AND CONSTRUCT TRAFFIC SIGNAL AND RELEASE OF
BONDS - TRACTS 13025 AND 13025 (DIVIDEND DEVELOPMENT
CORPORATION) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING THAT
THE REQUIREMENT OF THE SUBDIVISION IMPROVEMENT
AGREEMENTS FOR TRACT 13025 AND TRACT 13026 FOR TRAFFIC
SIGNAL DESIGN AND CONSTRUCTION AT CAMINO CHICO AND
SAN JUAN CREEK ROAD BY THE DEVELOPER IS HEREBY
RELIEVED AND SURETIES FOR SUCH TRAFFIC SIGNAL ARE
HEREBY RELEASED (DIVIDEND DEVELOPMENT CORPORATION)
The Resolution set forth the City's acceptance of responsibility for construction of a traffic
signal at Camino Chico and San Juan Creek Road through the City's Capital Improvement
Program, and released Dividend Development Corporation from that requirement; released
the Performance and Labor and Material sureties Nos. 944946 S, in the amount of $100,000;
reimbursed Dividend Development in the amount of $61,046.94 in Fiscal Year 1995-96 for
construction of San Juan Creek Road; and, required that $22,400 from fees to be collected
from the residential development remaining within Tracts 13025, 13026, 13027, and 12633
will be reimbursed to the Developer, completing the City's responsibilities set out in the
Reimbursement Agreement for construction of San Juan Creek Road. The Developer will
relinquish $100,000 in reimbursable Systems Development fees.
11. RESOLUTION DESIGNATING 4. IIS • C __ • REPRESENTATIVE FO
REIMBURSEMENT FROM FEDERAL EMERGENCY MANAGEMENT AGENCY
• \I• STATE OFFICE • EMERGENCY I • ' JANUARY ::
FLOOD ) ice• (520,40)
As set forth in the Report dated March 21, 1995, from the Engineering and Building Director,
the following Resolution was adopted designating the City Manager and Administrative
Services Director as the City of San Juan Capistrano's authorized representatives for the
purpose of obtaining FEMA and OES reimbursement for local emergency response to January
1995 flood damage:
95 -3 -
JANUARY, 1995 FLOODS (FEDERAL EMERGENCY MANAGEMENT
AGENCY AND STATE EMERGENCY SERVICES) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DESIGNATING AN AUTHORIZED REPRESENTATIVE
FOR THE PURPOSE OF OBTAINING FUNDS FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY AND STATE OFFICE OF
EMERGENCY SERVICES (JANUARY, 1995 FLOODS)
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THE SOUTH SIDE OF • FROM 11 A.M.•'11 P.M.
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Written Communications:
(1) Report dated March 21, 1995, from the Director of Engineering and Building, forwarding a
Resolution establishing a "No Stopping 7:00 a.m. to 4:00 p.m. on School Days" zone along
the entire length of the south side of Via Escolar. The report advised that the Capistrano
Unified School District had requested the parking zone as an initial step in the revision of the
traffic management plan for the Capistrano Valley High School.
(2) Letter dated March 20, 1995, from Rodney A. Boone, 29092 Country Hills Road, San Juan
Capistrano, requesting further discussion to address concerns of residents in the area.
This item was removed from the Consent Calendar and withdrawn from consideration at this time as
requested by staff, to address concerns expressed by residents. This item will be re-agendized in the
future.
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Proposal:
Public hearing held pursuant to City Council action on February 2, . 195, to consider a
proposal to underground overhead utilities on El Camino Real south of Ortega Highway. The
undergrounding project will cost approximately of $90,000 and be funded from Rule 20-A
funds set aside by San Diego Gas & Electric. Individual hook ups to the utility will cost
approximately $1,500 to $2,000. The District will encompass four property owners: Stephen
Nordeck, Mission Promenade/Swallows Inn; Jack Baskin, Antique Bam; the City of San Juan
Capistrano and the San Juan Capistrano Community Redevelopment Agency. The Old Pacific
Bell Building, owned by the Community Redevelopment Agency, will require a utility hook
up.
Written Communications:
(1) Report dated March 21, 1995, from the Engineering and Building Director,
recommending that the formation of underground Utility District No. 95-01 be
approved.
(2) Letter dated March 21, 1995, from Steve Nordeck, owner of the Swallow's Inn, in
support of the proposed District.
Mr. Huber made an oral presentation, noting that the undergrounding of utilities had been
initiated in conjunction with the Mission Promenade project. It was anticipated that the —
project would be completed by July 30, 1995. A Pole Location Conversion Map was on
display.
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Council Member Campbell inquired whether the proposed project would be coordinated with
other construction in the area. Mr. Huber noted that the Mission Promenade project
developers had anticipated completion by July 30, 1995 at the outside. He advised that the
ultimate completion would depend on San Diego Gas & Electric's time frame for design,
noting that San Diego Gas & Electric was expediting the project and attempting to coordinate
with the Mission Promenade project. Council Member Swerdlin inquired whether the District
could be extended down to Forster Street. Mr. Huber explained that the project was being
done in conjunction with the Mission Promenade and kept small so that it could be completed
in a shorter length of time; that normally an underground utility district would require 18
months to 1'h years.
Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and the
following person responded:
(1) Patti Good, representing San Diego Gas & Electric, indicated that San Diego Gas &
Electric was attempting to expedite the design of the proposed project to coordinate
with the Mission Promenade project. If coordination were not possible, she stated
that San Diego Gas & Electric would at least ensure that the Mission Promenade
project received feed from the underground system. Council Member Campbell urged
completion of the project as soon as possible. Ms. Good indicated that she could not
guarantee the removal of the utility poles by the July 30th date since other utility
companies, such as telephone and cable, also occupy space on the poles. However,
San Diego Gas & Electric would expedite the project as much as possible.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
Adoption of Resolution Approving Underground Utility District No. 95-01:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
RESOLUTION NO, 95-3-21-6_ ESTABLISHING R RO TNT)
UTILITY DISTRICT 95-1 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 95-1
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
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Council Member Jones indicated he had a potential conflict of interest in this matter because of the
proximity of his residence/business to this project and left the Council Chamber.
Proposal:
Consideration of an amendment to Sections 2 and 3 of the Los Rios Precise Plan to clarify
which structures in the Los Rios Historic District could be used solely for public and cultural
uses, and to specify that if a residential structure is demolished by fire or any other unforeseen
act, it is to be rebuilt as a residence. The Historic Residential District is designated a Special
Study area on the General Plan. The Los Rios Historic District is governed by the Los Rios
Precise Plan and the Historic Residential District is a district designated by that Plan.
Applicant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Written Communication:
Report dated March 21, 1995, from the Planning Director, recommending that the proposed
amendments to Sections 2 and 3 of the Los Rios Precise Plan be adopted. The Report
advised that to address residents' concerns regarding increasing property values and future
development in the area, the plan would be modified to state that the only buildings in the
Historic Residential district which were exempt from the residential occupancy requirements
and which could be converted to solely or primarily public and cultural uses were the Combs
House, the Pryor House/O'Neil Museum and the Montanez Adobe. To address problems
encountered in attempting to refinance or sell property in the Historic Residential District,
Section 3 of the Plan would be modified to require that if a structure in the district were
demolished by fire or any other unforeseen act, it must be rebuilt as a residence and not a
commercial structure. Language was also included to clarify that only the residents of a
structure were permitted to operate a cottage commercial use.
Mary Raskin, Associate Planner, made an oral presentation. She advised that the City
Council had initiated the proposed Amendment on February 15, 1994. At the May 10, 1994
Planning Commission meeting, a number of residents expressed concerns and staff
subsequently held a workshop with residents in the area on August 11, 1994. Residents and
property owners in the Historic Residential district had been notified of the workshop. She
advised that approximately 10 residents of the District attended, as well as bank
representatives and appraisers. The item was approved by the Planning Commission on
March 14, 1995 with a modification to the proposed Resolution to delete the Combs House
from the list of structures exempted from the owner occupied primary residential use
requirement, due to the potential foreclosure on the property. She explained that if the tourist
information bureau project proposed by the Swallows Foundation went forward for the
Combs House, the structure would still be "grandfathered" in as an exempt structure. If the
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project fell through and the structure was repossessed, it would still be restricted from
' becoming a primarily commercial use.
Council Member Campbell questioned if all the residents in the area agreed with the
modifications. Ms. Raskin advised that there had been a consensus agreement on the
proposed amendments by the attendees at the public workshop.
Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Approving Amendments to Sections 2 and 3 of the
Los Rios Precise Plan:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the
following Resolution be adopted as modified to remove the Combs House from the list of
structures exempt from the residential occupancy requirement:
RESOLUTION NO. 95-3-21-7. AMENDMENTS TO SECTIONS 2 AND
3 OF THE LOS RIOS PRECISE PLAN- A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE PROPOSED AMENDMENT TO SECTIONS 2 AND
3 OF THE LOS RIOS PRECISE PLAN TO CLARIFY THE STRUCTURES
IN THE HISTORIC RESIDENTIAL DISTRICT WHICH MAY BE USED
SOLELY FOR PUBLIC AND CULTURAL USES, AND TO SPECIFY
THAT IF A RESIDENTIAL STRUCTURE IS DEMOLISHED BY FIRE
OR ANY OTHER UNFORESEEN ACT, THAT IT MUST BE REBUILT
AS A RESIDENCE
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Swerdlin, and Mayor Nash
NOES: None
ABSENT: Council Member Jones
Council Member Jones returned to the Council Chamber.
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Proposal:
Consideration of various proposed amendments to the following sections of the Land Use
' Code: 9-3.411, Tourist Commercial (CT) District, 9-3.412, Office Commercial (CO) District,
Neighborhood Commercial (CN) District, and 9-3.414, General Commercial (CG) District.
The amendments would consolidate purpose and intent statements, eliminate outdated
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standards, add contemporary uses, classify certain uses as conditional uses, grant the Planning
Director authority to establish submission requirements, and eliminate automobile
repair/service uses from the General Commercial District.
Applicant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Written Communication:
Report dated March 21, 1995, from the Planning Director, recommending approval of a
Negative Declaration and forwarding proposed amendments to the Municipal Code and
additional definitions in Appendix A to Title 9. In analyzing appropriate locations and zoning
classifications for automobile service stations, the Report included an alternative approach to
that recommended by staff, which would provide a greater level of protection to the historic
downtown area, while allowing service station businesses greater market opportunity. That
approach would place greater restrictions on fuel dispensing and service stations, but would
place more liberal land use restrictions to allow automated car washes by a conditional use
permit in conjunction with fuel dispensing and service stations in the General Commercial
zones east of the I-5 freeway and along Junipero Serra
A district zoning map was on display and William Ramsey, Senior Planner, made an oral
presentation, advising that the uniqueness of the downtown area had been the impetus for
initiating an amendment to consider types of uses permitted in the downtown area. Mr.
Ramsey focused on the proposed modifications in service station standards and noted that
existing stations located within the General Commercial District which offered repair and/or
minor tuneup services would become legal nonconforming uses; however, the use could not
be expanded. He added that if a nonconforming use were discontinued for a certain period
of time, the use could not be re-established. He discussed the alternative approach set out in
the staff report, noting that staff did not recommend that approach.
Council Member Jones felt that the time period for a discontinued nonconforming use should
be more specifically defined to address the period between transfers of ownership.
Mr. Tomlinson noted that the Municipal Code section dealing with nonconforming uses does
not address the issue of time separation between transfers of ownership. He felt that some
additional language was necessary to specify the length of time a particular use was
abandoned. Council Member Jones felt it was important to be able control expansion of legal
non -conforming uses.
Council Member Hart inquired whether a use could be retained if a service station were
remodeled. Mr. Ramsey indicated that the use could be retained, but not expanded. He noted
that if a service station was completely demolished in order to construct a new facility with
the same use, the station would be required to conform to the new standards for the General
Commercial District. —
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Public Hearing:
' Notice having been given as required by law, Mayor Nash opened the Public Hearing, and the
following person responded:
(1) John Murphy, 7 Capobello, Irvine, advised that he represented Shell Oil Company,
specifically the Shell station located at the comer of Ortega Highway and the freeway.
He indicated support of the zone change in reference to prohibiting automobile repair
and service. He advised their proposal would raze the entire building and construct
a new station. The new station would include a mini -mart, which would be permitted
under the new standards, and an automated car wash, which would not be permitted
under the new standards. He urged Council support of the alternative approach noted
in the Report. He stated that automated car washes were necessary to the gas
industry and were much more unobtrusive than hand car washes. He noted that the
location of this station would not impact the historic downtown center of the City.
He felt that the Conditional Use Permit process would require that the use meet
certain findings; and if it did not, the use could then be denied. He requested that they
be permitted to pursue the addition of an automated car wash through the Conditional
Use Permit process. He commended City staff on their business -friendly attitude.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
'Council Discussion:
Mayor Nash expressed concern that language in the Neighborhood Commercial District
limiting markets to 22,000 square feet had been deleted and suggested it be reinstated. Mr.
Tomlinson concurred, noting that it had no material effect on any existing properties in the
City.
Council Member Jones felt that permitting automated car washes as a Conditional Use would
give property owners the latitude to pursue a use. However, he expressed concern that the
Conditional Use Permit process, in general, requires applicants to pay fees and spend the time
necessary to process a Conditional Use Permit application, with the potential for it to be
denied by the City Council in the end. He also felt that applicants should be advised that the
Council would be opposed to any car wash use within 100 yards of the historic downtown
boundary.
Council Member Hart initiated discussion regarding the alternative approach to allow an
automated car wish with a conditional use permit. Mr. Tomlinson clarified that the alternative
noted in the staff Report would allow consideration of car wash uses with a Conditional Use
Permit east of the I-5 freeway, along Junipero Serra or in any other General Commercial
District outside of the downtown area. Mayor Nash felt that a car wash located on the east
side of the freeway would have a negative impact on the downtown historic area. She noted
that there were other zoning districts in the City that permitted such a use without impacting
the downtown area and urged support of the staff recommendation as stated in the Report
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Council Member Campbell expressed concern that such a restriction would unfairly limit the
improvements a property owner could make to ensure an appropriate return on their
investment. She felt that requiring a Conditional Use Permit for the car wash use would allow
the City to process the application and decide on its appropriateness. She also felt that
services such as an automated car wash were desired by the community and should be
provided. Council Member Hart agreed, reiterating the need for latitude. Council Member
Jones noted that worksessions had been held with the City Council on larger projects to
address these types of issues. He urged that similar worksessions be held for Conditional Use
Permits, if possible, and that a Council policy be developed to address this issue. Council
Member Swerdlin concurred. Mr. Scarborough indicated that he would provide the Council
with a list of potential conditional uses for Council to determine which uses would require a
worksession to be held early in the process.
Approval of Negative Declaration and Introduction of Ordinance
Approving Code Amendment 94-04:
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 Hart, that the Negative Declaration be approved and the Ordinance
introduced. With the concurrence of the second, Council Member Jones amended his motion
to include the alternative approach to place a greater locational restriction on fuel dispensing
and service stations, but place a more liberal land use restriction to allow automated
carwashes with a conditional use permit, and to include reinstatement of language in the
Neighborhood Commercial District limiting the size of markets:
AN AMENDMENT TO TITLE 9. CHAPTER 3 OF THE MUNICIPAL.
CODE REGARDING COMMERCIAL ZONE DISTRICT REGULATIONS
AND ADDING DEFINITIONS TO APPENDIX "A" - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTIONS 9-3.411, TOURIST COMMERCIAL (CT)
DISTRICT, 9-3.412, OFFICE COMMERCIAL (CO) DISTRICT, 9-3.413,
NEIGHBORHOOD COMMERCIAL (CN) DISTRICT, AND 9-3.414,
GENERAL COMMERCIAL (CG) DISTRICT OF THE MUNICIPAL
CODE (COMMERCIAL ZONE DISTRICT AMENDMENTS) AND
ADDING DEFINITIONS TO APPENDIX "A"
The motion carried by the following roll call vote:
AYES: Council Members Campbell, Hart, Jones, and Swerdlin
NOES: Mayor Nash
ABSENT: None
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RECESS AND RECONVENE
' Council recessed at 8:30 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 8:31 p.m. as the City Council.
Leltbvd-V419
Council Member Jones advised he would abstain on this item due to a potential conflict of interest
relating to its proximity to his business/residence.
Written Communication:
Report dated March 21, 1995, from Douglas Dumhart, Management Analyst II,
recommending that two spaces located in the Depot's east parking lot be dedicated as
overnight parking to accommodate bed & breakfast patrons at the Vaquero West building
located at 26755 Verdugo Street.
Douglas Dumhart, Management Analyst II, made an oral presentation. He noted that the
' proposed spaces would be located adjacent to the handicapped parking spaces in the front
row of the Depot's east parking lot. Permit parking would be coordinated with Vaquero
West, which would register and identify vehicles that would park in the two allotted spaces.
Public Comments:
(1) Leah Holsten, 26755 Verdugo Street, manager of Vaquero West and its bed and
breakfast operation, noted that two of the four rooms were used for a bed and
breakfast, with the remaining two rooms used by the residents. Their goal was a total
of three rooms for the bed and breakfast operation and requested that two additional
parking spaces, totaling four, be approved for use by guests and residents.
Council Member Hart suggested that long-term parking spaces in the Franciscan Plaza
parking stricture be considered for use by Vaquero West's guests and residents. At the time
paid parking is instituted, Vaquero West could be required to pay for the spaces allocated to
their use. He expressed concern about permitting overnight parking in spaces that are not
designated for long-term parking. Council Member Campbell concurred, noting that the
spaces in the Depot parking lot were prime spaces that are needed by visitors to the
downtown area. Council Member Swerdlin agreed that the spaces for Vaquero West should
be located at the Franciscan Plaza parking structure, with an appropriate charge to Vaquero
West. Mayor Nash expressed concern about losing commuter parking.
' Mr. Dumhart noted that the City currently leases 131 spaces at the parking structure from
6:00 a.m. to 6:00 p.m. only_ Mr. Scarborough suggested that this item be tabled until staff
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has had a chance to discuss this matter further with the owners of Vaquero West so that their
needs and the City's concerns could be addressed more appropriately.
Continuation of Item:
It was moved by Council Member Campbell, seconded by Council Member Hart, that this
item be continued to the meeting of April 4, 1995, to allow staff to address the concerns of
the applicant and the Council. The motion carried with Council Member Jones abstaining.
Written Communication:
Report dated March 21, 1995, from Douglas Dumhart, Management Analyst II,
recommending that the proposed License Agreement with Conte Productions be approved.
The proposed Agreement would re-establish the San Juan Marketplace operations for one
year with a maximum of seven events. Conte Productions proposed to rename the event "San
Juan Capistrano Mission Festival Series," to be held on the third Thursday in the months of
April through October from 5:00 p.m. to 9:00 p.m. The proposed License Agreement would
require that the City (Licensor) be responsible for a traffic closure plan, set up, and removal
of devices and advance posting of "no parking" signs; Conte Productions (Licensee) would
be responsible for promotion, management, and operation of the event, including crowd
control, security, waste receptacles, portable toilet facilities, vendors, entertainment,
equipment, advertising, traffic control, and telephone inquiries. The Agreement also requires
that the City provide $3,000 in seed money, with the promoter paying the City 40% of the
profits until seed monies are refunded to the City, with the City to receive 10% of the profits
thereafter.
Douglas Dumhart, Management Analyst II, made an oral presentation. He noted that an
indemnity clause for the City had inadvertently been omitted from the proposed License
Agreement, and its inclusion required review by Conte Productions' legal counsel prior to
Conte Productions signature.
Public Comments:
(1) Ron Cohan, owner of Zia Jewelry in the downtown business district, expressed
concern with the negative impacts of the previous Marketplace event, such as
vandalism, graffiti, gang presence, and sounding of security alarms. He stated that his
business suffered whenever the former Marketplace event was held and noted that
patrons were afraid and confused about parking and street closures. He noted that
the previous street closures made it difficult for visitors to access downtown
businesses. He suggested that the new event, if approved, be held in locations other
than the downtown streets. He also urged that the new Marketplace event provide
sufficient police protection during and after the event.
Council Member Swerdlin noted that he had been a merchant in the downtown area during
the previous Marketplace events and agreed that the event did cause confusion and loss of
business for some establishments. Overall, however, he felt that the event had been good for
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the community and served many people. Council Member Jones noted that he had
' participated in the former Marketplace event and felt that the organizers had done a good job.
He noted that the Business Task Force had reviewed this event carefully and supported it.
Council Member Hart indicated his support of the event and felt that problems could be
addressed, particularly with the help of a professional promoter.
Council Member Swerdlin inquired how the initial $3,000 seed money proposed would be
reimbursed by the promoter and the types of expenses anticipated. Mr. Dumhart advised that
expenses included live entertainment, which the promoter felt was necessary to ensure better
attendance, pre -event promotional expenses, management fee, traffic closure plan, pre -
advertising expenses (mailings to vendors), etc.
Mark Conte of Conte Productions emphasized that it was his intent to put on a quality family
"show" and not a flea market. He noted he would work closely with the downtown
merchants and meet once per month to discuss any concerns they might have. He stated that
security would be provided by a professional firm. He indicated that the event was designed
to flow and include, not impact, businesses in the downtown area. He noted that City
businesses and non-profit organizations would be invited to lease booths at any event.
Mayor Nash suggested that the name of the event, "San Juan Capistrano Mission Festival
Series," be modified to include the word "marketplace" to ensure that past attendees would
participate again. Mr. Conte explained that the new name emphasizes the Mission, which
would remain open as an adjunct attraction to the event. He noted that the downtown
merchants supported the new name and that the event could be promoted in the newspapers
as a new "marketplace."
Aporoval of License Agreement:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that the License Agreement with Conte Productions be approved for the
promotion, operation, and management of a downtown open air marketplace, for the one-year
period ending March 21, 1996, subject to the review and approval of the City's indemnity
clause by the promoter. The Mayor was authorized to execute the Agreement on behalf of
the City. Funds in the amount of $3,000 were appropriated from the Economic Development
Promotions Account No. 01-4122-62224 as "seed" money to be used by the Licensee for
advance marketing promotions and pre -event expenses.
Written Communication:
Report dated March 21, 1995, from the Administrative Services Director, recommending that
the revised comprehensive Investment Policy for the City be adopted to protect the City
' against financial problems, such as last year's County bankruptcy. The primary objective of
the new policy would emphasize safety and liquidity, with yield being secondary to all
investment decisions.
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Ms. Pendleton made an oral presentation. She recommended that the proposed investment
policy be further modified to prohibit leveraging, reduce maturity limitations from five to
three years, and require the City Treasurer to notify the City Council if the State Local
Agency Investment Fund increases its investment in reverse pre -purchase agreements above
10%. Mr. Scarborough suggested that the policy be amended accordingly and brought back
for approval in its final form.
Continuation of Item:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried that this item be continued for incorporation of the suggested changes
and scheduled for final approval on the Consent Calendar for the meeting of April 4, 1995.
1 1 \
Council recessed at 9:18 p.m. and reconvened at 9:30 p.m.
... 1 • : C 1NLI'' • L '' • ::u 1'1
Written Communication:
Report dated March 21, 1995, from the Engineering and Building Director, recommending
that the proposed revised revenues and project changes be approved for the 1994-95 Mid -
Year Capital Improvement Program.
Approval of Mid -Year Capital Improvement Program:
It was moved by Council Member Hart, seconded by Council Member Jones, and
unanimously carried that the 1994-95 Mid -Year Capital Improvement Program be approved
as submitted, with increases and decreases in funds.
1111 10'"®RMITIMOIN I's 1XIM7.1
Written Communications:
(1) Report dated March 21, 1995, from the Engineering and Building Director,
forwarding the proposed Facility Use Agreement with the City of Dana Point for
consideration. The City of Dana Point offered to donate $110,000 to assist in the
construction of three soccer fields at the Sports Park. Staff recommended that the
Facility Use Agreement be accepted for consideration and referred to the San Juan
Capistrano Parks, Recreation, and Equestrian Commission for comment. This item
was continued from the meeting of February 7, 1995, at which time Council Members
Swerdlin and Jones were appointed to meet with the Dana Point City Council to
discuss their donation further.
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(2) Letter dated March 16, 1995, from Harry C. Schrey, 25881 Avenida Cabrillo, in
support of accepting the donation from the City of Dana Point.
Public Comments:
(1) Jeff Randolph, 28721 Paseo Mira Loma, Regional Commissioner for AYSO Region
87, urged that the donation by the City of Dana Point be accepted due to the need for
athletic fields in the community. He noted there was equal participation between the
Cities of San Juan Capistrano and Dana Point.
(2) Roy Nunn, 31011 Paseo Valencia, Assistant Regional Director and Field Director for
AYSO Region 87, noted the work by Region 87 in persuading the City of Dana Point
to contribute financially for the fields at the Sports Park and urged acceptance of their
donation. He felt that lighting of the fields was critical to accommodate after-
school/work play and requested that the City begin the process to consider using the
donation for lighting some of the fields.
ii
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that the Facility Use Agreement be accepted for consideration and
referred to the San Juan Capistrano Parks, Recreation, and Equestrian Commission for
comment prior to final approval by the City Council.
LOLIMV U_ 1 1' •
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Written Communication:
Report dated March 21, 1995, from the Community Services Director, forwarding a
Memorandum of Understanding with the Boys and Girls Club of Capistrano, as directed by
Council on October 4, 1994. The Boys and Girls Club assumed all administrative staffing,
programming and operational responsibilities for the Teen Center program effective
October 1, 1994. The City Council approved allocation of the City's remaining budgeted
funds pending approval of a Memorandum of Understanding.
Approval of Memorandum of Understanding Between City and Boys and Girls Club:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried that the Memorandum of Understanding between the City and the Boys
and Girls Club of Capistrano be approved.
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Written Communication:
Report dated March 21, 1995, from the Chief of Police Services, recommending that a
contract with Trauma Intervention Services, Inc. be approved for the provision of volunteer
trauma intervention response to critical incidents. TIP is a non-profit organization which
provides services free of charge to citizens in crisis. The program is funded by public and
private organizations, and the City's share in the proposed program would be $3,337.56 per
year.
Lt. Sullivan made an oral presentation, noting that the Cities of Laguna Niguel and Mission
Viejo would also be participating in the program.
Approval of Agreement with TIP:
It was moved by Council Member Hart, seconded by Council Member Jones, and
unanimously carried that the Agreement between the City and Trauma Intervention Services,
Inc. be approved for the period ending June 30, 1995, at a maximum cost of $1,415.30, for
the provision of volunteer trauma intervention response to critical incidents. The Mayor was
authorized to execute the Agreement on behalf of the City.
COUNCILMANIC ITEMS
Written Communication:
Report dated March 21, 1995, from Carole Jacklin, Council Services Administrator,
forwarding the list of current appointees, their appointment dates, and all active applications
on file for each commission and board.
Approval of Appointments:
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried as follows:
Cultural Heritage Commission
All current members were re -appointed and Don Tryon was appointed as a new member,
noting that the Municipal Code allows for five to seven members on the Cultural Heritage
Commission.
Los Rios Review Committee
All current members were re -appointed.
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Mobilehome Park Review Committee
' All current members and alternates were re -appointed. The resignation of Janet Gilbert from
the Mobile Home Park Review Committee was accepted. Staff was directed to advertise the
three remaining vacancies for consideration at the May 2, 1995, Council meeting.
Parks. Recreation and Equestrian Commission
All current members were re -appointed.
Planning Commission
All current members were re -appointed. The resignation of Dennis Paquin from the Planning
Commission was accepted. Sheldon Cohen was appointed to fill the vacancy left by
Mr. Paquin.
Transportation Commission
All current members were re -appointed. Staff was directed to advertise the vacancy left by
Mr. Cohen' s appointment to the Planning Commission for consideration at the May 2, 1995,
Council meeting.
�ILQRICHICLILWRIO ; • ago_; W
' Written Communication:
Report dated March 21, 1995, from Carole Jacklin, Council Services Administrator, noting
that the vacancy had been advertised and three applications were received.
Appointment of Member:
It was a consensus of the Council that the vacancy be readvertised for consideration by the
Council at the meeting of May 2, 1995.
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nNIIII[W.7r.-MMA M10011
Council Member Hart advised that Mr. Popejoy, County CEO, had been the speaker
at the last League meeting. Discussion included the proposal for a'h-cent tax rate to
help cure the County's bankruptcy situation.
Council Member Jones noted that a report would be provided by SERRA in Council
slots. He advised that no public hearings had yet been scheduled regarding locations
for the proposed desalting plant, although input has been received from some of the
' surrounding neighborhoods.
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Council Member Swerdlin noted that the County's bankruptcy was discussed at the
last meeting, including a possible $900,000 loss to the District. He advised that he
intended to resign from the District as a result of a legal controversy regarding the
incompatibility of City Council members as representatives to the District. He noted
that approximately 50% to 60% of the District's board members are City Council
members. He hoped to be reappointed to the board once the issue has been resolved.
He noted the phone numbers for the District, as follows: (714) 971-2421, and
(800) 734-2421. Mr. Denhalter noted that the legal opinion written in this matter was
based on opinions from the Attorney General's office. He suggested that a low-level,
non -elected staff member be appointed for the interim period. Mr. Scarborough
indicated he would provide the Council with options in this matter.
Council Member Swerdlin complimented the new downtown directional signs and noted
positive feedback received from the downtown merchants. He stated that tourists appreciated
the signs as well, particularly the maps that were provided.
CLOSED E ION (610.85)
Council recessed to a Closed Session at 10:00 p.m. for:
Confe•ence with Legal Counsel, Anticipated Litigation, per Government Code Section
54 ), for significant exposure to litigation in two cases, and Government Code Section
5v �), the initiation of litigation in two cases;
2. Liability Claims per Government Code Section 54956.95, M&M Jewelers, et al, claimant,
against City of San Juan Capistrano;
3. Liability Claims per Government Code Section 54956.95, San Juan Partners, claimant, against
City of San Juan Capistrano;
4. Liability Claims per Government Code Section 54956.95, Trackside Dining, Inc., claimant,
against City of San Juan Capistrano; and
5. Public Employees Performance Evaluation, per Government Code Section 54957, position
being reviewed is City Manager.
The City Clerk was excused therefrom, and the meeting reconvened at 12:30 a.m., Wednesday,
March 22, 1995.
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�60DQUil I r IDtI! (IRtI Ci
' Mr. Denhalter advised there was no action to report on any of the items.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 12:30 a.m.,
Wednesday, March 22, 1995, to the next regular meeting date of Tuesday, April 4, 1995, at 7:00 p.m.
in the City Council Chamber.
Respectfully submitted,
ATTEST:
CAROLYN N SH, MAYOR
City Council Minutes -21- 3/21/95