95-0815_CC_Minutes_Regular Meeting305
AUGUST 15, 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 7:02 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Council Member David Swerdlin.
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.
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It was moved by Council Member Jones, seconded by Council Member Campbell, and unanimously
carried that all Ordinances be read by title only.
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Cristina Valadez of CSP, Inc. introduced Jesse Gutierrez, who would be taking over her
position as Gang Specialist. Mr. Gutierrez summarized his background and education and
indicated he was looking forward to working in the community.
Council Member Campbell introduced the following Commission representatives in
attendance: John Greiner (Planning Commission), Ilse Byrnes and Pauline Leonard (Parks,
Recreation, and Equestrian Commission), David Belardes (Cultural Heritage Commission),
Bill Hardy, John Taylor, and Frances Kennedy-Perguson (Los Rios Review Committee), and
former Mayor Dr. Roy Byrnes.
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ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
BUSINESS ON LOS RIOS STREET (400 20),
Margie Roberts, 31901 Los Rios Street, expressed concern regarding the pending application
to sell alcoholic beverages at the proposed Ramos House Cafe restaurant at 31752 Los Rios
Street. She stated that she had just recently learned of this application and felt that residents
should be able to provide their input. She submitted copies of the Notice of Intention to
Engage in the Sale of Alcoholic Beverages dated August 11, 1995, and her letter dated
August 14, 1995, to the Department of Alcoholic Beverage Control.
CONSENT CALENDAR
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
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The Minutes of the Regular Meeting of July 18, 1995, were approved as submitted.
The List of Demands dated August 4, 1995, in the total amount of $1,064,319.62 was
received and filed.
NEWTOWFIM 063"1
The City Treasurer's Report of Cash Fund Balances for the month of June 1995 in the total
amount of $1,182,471.89 was received and filed.
The City Treasurer's Report of Investments as of July 31, 1995, in the total amount of
$12,490,070.15 was received and filed.
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The Report dated August 15, 1995, from the Planning Director, advising that no new
development applications were received by the City since the last report of July 18, 1995, was
received and filed.
Ulm
As set forth in the Report dated August 15, 1995, from the Director of Engineering and
Building, the plans and specifications were approved for the River Street Drainage
Improvements. Staff was authorized to call for bids. Council Member Jones abstained on this
item due to a possible conflict of interest resulting from the proximity of his
business/residence to the project.
As set forth in the Report dated August 15, 1995, from the Director of Engineering and
Budding, the plans and specifications were approved for the upgrading and remodeling of the
Lacouague building. Staff was authorized to call for bids.
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As set forth in the Report dated August 15, 1995, the Construction License Agreement
between the City and Mr. and Mrs. Gilbert E. Jones was approved to allow the City to access
and construct a minor part of the River Street Drainage Improvements on the Jones' property,
Lot 55, Tract 103, within River Street. The Mayor was authorized to execute the Agreement
on behalf of the City. Council Member Jones abstained.
As set forth in the Report dated August 15, 1995, the Construction License Agreement
between the City and Douglas and Braven Ito was approved to allow the City to access and
construct a minor part of the River Street Drainage Improvements on their property, Lot 56,
Tract 103, within River Street. The Mayor was authorized to execute the Agreement on
behalf of the City. Council Member Jones abstained on this item due to a possible conflict
of interest resulting from the proximity of his business/residence to the project.
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As set forth in the Report dated August 15, 1995, from the City Manager, the following
Resolution was adopted rescinding Resolution No. 95-6-6-5 and establishing monthly pro-
ration of fees for commuter rail parking permits, which are effective for a calendar year:
RESOLUTION NO. 95-8-15-1. ANNUAL COMMUTER RAIL PARKING
PERMIT FEES - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PRESCRIBING THE
MONTHLY PRORATION OF FEES FOR ANNUAL COMMUTER RAIL
PARKING PERMITS AND RESCINDING RESOLUTION NO. 95-6-6-5
The original resolution did not allow proration of the annual permit. The revised resolution
addressed the inequity which occurred because metering and sale of the permits did not occur
until half -way through the year.
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As set forth in the Report dated August 15, 1995, two Agreements were approved between
the City and Charles R. Hauswitth of Pacific Neighborhood Telecenters for the operation of
the San Juan Capistrano TeleBusiness Center. The Agreements authorized the receipt of --
funds by the City directly from both OCTA, in the amount of $62,739, and Caltrans in the
amount of $25,000, for operation of the center for a period of one year, with a one-year
renewable option. The City will pass the funds through to Mr. Hauswirth. The Agreements
allow the City to deduct a 5% administrative fee to compensate for staff time. The Mayor
was authorized to execute the Agreements on behalf of the City.
PUBLIC HEARINGS
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Proposal:
Consideration of a request by Zucker Systems, representing the Price Company, to vacate the
easement located on Parcels 5 and 6 of Parcel Map 87-253 in conjunction with the PetsMart
construction. The intent of the easement was to serve properties west of the railroad;
however, an at -grade crossing could not be obtained, rendering the easement essentially
useless. This vacation was initiated on June 20, 1995, and responses had been received
requesting that the easement remain in place until access issues regarding the properties to
the west of the Price Club could be resolved. This hearing was continued from the meeting
of July 18, 1995, to resolve access issues regarding properties to the west of the Price Club.
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Applicant:
' Zucker Systems
1545 Hotel Circle South, Suite 300
San Diego, CA 92108
Written Communications:
(1) Report dated August 15, 1995, from the Engineering and Building Director,
recommending that the hearing be closed and removed from consideration because
of outstanding issues that have yet to be resolved.
(2) Letter dated August 9, 1995, from Laurie Price of Zucker Systems, requesting that
this matter be deferred for 90 days instead of indefinitely, as recommended by staff.
Mr. Huber recommended that the item be removed from consideration at this time to allow
interested parties, which included the Capistrano Beach Water District, to work out necessary
details.
Public Hearin¢:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and
there being no response, closed the hearing.
Motion to Remove Item from Consideration:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that this item be removed from consideration at this time and reagendized
when outstanding issues have been resolved.
�• ul' I •ul: "•• : • :• �•ON
Council Member Jones abstained on this item due to a possible conflict of interest resulting from the
proximity of his business/residence to the project.
Proposal:
Consideration of an Amendment to the Los Rios Precise Plan to exempt the property located
at 26711 Verdugo Street (Combs residence) from the residential occupancy requirement of
the Historic Residential (HR) District for the operation of the Moonrose retail business. The
exemption was requested because the applicants did not propose to occupy the structure as
their primary residence. The building had been vacant for three years. The Swallows
Foundation's efforts to obtain funding to rehabilitate the building had not succeeded and the
Moonrose proprietors had proposed to relocate their business to the 700 -square -foot building
and to maintain it as a viable, living, example of historic preservation. No changes were
proposed to the inside or outside of the structure; the businesses' two existing signs would
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be placed facing the entry plaza and Los Rios Street, with one additional sign to be placed
facing the Depot.
Applicant: Property Owner:
Phyllis Crow and Sue Toler Pacific Investment Properties
32244 Paseo Adelanto, #B 1601 Dove Street, #190
San Juan Capistrano, CA 92675 Newport Beach, CA 92660
Written Communications:
(1) Report dated August 15, 1995, from the Planning Director, recommending that the
exemption be granted based on the proximity of the structure to a commercial area,
the house size as a constraint to residential living, consistency of the proposed use
with the historic use of the structure, and compatibility with surrounding properties.
The Report included an alternative approach, should Council feel the recommended
amendment was inappropriate, which would permit a limited number and type of
business to operate within the HR District (without the residential occupancy
requirement) under a provisional permit, subject to the review and approval of the
City Council.
(2) Memorandum dated August 9, 1995, forwarding (1) a summary of the Planning
Commission's August 8 action; (2) a revised Resolution incorporating conditions
recommended by the Planning Commission; and, (3) providing clarification on certain
information submitted by residents.
(3) Final modified Resolution revising the wording for the proposed exemption to define
the types of small-scale, tourism -related uses permitted by Moonrose (antiques,
jewelry, etc.) and adding a new condition requiring that interior modifications be
performed in accordance with previously approved plans.
(4) Letter dated August 14, 1995, from the owners of Moonrose Candles, Phyllis Crow
and Sue Toler, urging that the exemption be approved because of the unique location
of the property and their commitment to restore and maintain the property properly.
A second letter dated August 14 was attached requesting modifications to the
following conditions recommended by the Planning Commission and staff: deletion
of the condition restricting the commercial retail area to the existing building square
footage; deletion of the condition restricting deliveries to Verdugo Street only
because of UPS regulations prohibiting deliveries across railroad tracks; extending the
hours of operation from 9:00 a.m. to 9:00 p.m. during the Christmas season only; and
allowing one sign to face the residential area.
(5) Letter dated August 15, 1995, from Stephen M. Rios, 31781 Los Rios Street, in
opposition to the proposed exemption because of the residency requirement in the Los
Rios Precise Plan, the fragile uniqueness of the Los Rios Historic District, and parking
concerns.
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(6) Letter dated August 7, 1995, to Bill Hardy, Chairman of the Los Rios Review
Committee, from Raymundo Becerra, 31881 Los Rios Street, citing concerns with
the proposed exemption as it relates to circulation, land use, visual character, and the
existing Solag Disposal use.
Mechelle Lawrence, Associate Planner/Project Manager, made an oral presentation. She
advised that after the Council agenda packets had been distributed, she had received new
information from the Chamber of Commerce stating that they would be moving out of the
Combs Residence and into another location in the City. She summarized the actions taken
by the Planning Commission at their meeting of August 8, 1995, and reviewed the new and
revised conditions proposed in the final modified draft Resolution. She noted that the
Cultural Heritage Commission had recommended denial of the exemption and that the Los
Rios Review Committee had felt the project was inappropriate
Public Hearine (for both the Combs house and the Romero house nroiectsl:
Notice having been given as required by law, Mayor Nash opened the Public Hearing and
advised that for the convenience of the persons in attendance, Council would hear testimony
on this item and the following public hearing regarding exemption of the Romero house if
someone wished to address both items at once: The following persons responded:
Those in Support of the Proposed Amendment:
(1) The applicant, Sue Toler, co-owner of Moonrose, indicated that she felt the intent of
the Los Rios Precise Plan was to preserve the historic character, structures, and
residential lifestyle in the Los Rios Historic District. She felt that their retail business
would be a sensitive commercial use for the area and stated that the history of the site
was very important to them. She indicated it was their intent to "open their front
door" to the community and noted their current efforts to restore the property.
(2) The applicant, Phyllis Crow, co-owner of Moonrose, felt that their request for an
exemption was appropriate for this location because of the close proximity of the site
to the railroad tracks/depot, the noise from the trains, and the location of the Los Rios
Entry Plaza being in front of the gate to the site. She felt that this exemption would
not set a precedent. She noted that she had been a resident of San Juan Capistrano
for many years and had a desire to preserve the integrity of historic homes.
(3) Jerry McCrae spoke as a friend of Ms. Toler and Ms. Crow, indicating he felt their
business would be compatible in this location and their preservation efforts were an
important aspect of the proposal.
(4) Pam Spaulding, 31611 Sacarama Lane, stated that Moonrose had been her tenants for
three years with no problems. She felt that the property was very unique and that the
Moonrose use would be an asset to the area.
I(5) Sally Fry, 27681 Ortega ffighway, speaking as Secretary of the Swallows Foundation,
felt the Moonrose use was a perfect business for this property, noting that the site's
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use in 1914 included a liquor store. She indicated that the Swallows Foundation was
in support of the use and felt it would enhance the historic district.
(6) Christina Lovejoy, 28010 Marguerite Parkway, indicated she had been store manager
at Moonrose for over 2'/s years. She spoke about the difficulties they had had and
their eagerness to move into the Combs house because of its "heart" and character.
(7) Richard Zodnik, 31152 Calle Entradero, felt that the preservation and reuse of historic
structures was better than allowing them to deteriorate and losing them forever. He
felt that the Moomose operators would preserve the structure as an attractive
tourism -related use.
(8) Allen Olivares, co-owner of the Romero residence, acknowledged that residents want
to preserve historic structures. He stated that the Romero residence stood vacant for
several years after his mother's death, until it was finally demolished and rebuilt
according to the same specifications as the original house. He felt that the Combs
residence might face the same fate without the proposed use and urged support of the
exemption.
(9) Bob Dunn, 31402 La Calera Street, noted that as a Mission docent, he leads tours in
San Juan Capistrano. He indicated that one of the major features of the walking tours
has been the Combs house. He felt that ideally, the house should remain exactly as
is, including the landscaping installed by Marguerite Kennedy, and that the dictates
of historic preservation be followed as closely as possible. He felt that the proposed
use by Moonrose would be less intense, have less impact, and would better preserve
the structure than the formally proposed visitor's center.
(10) Millie Jones, 31791 Los Rios Street, noted she has lived at her residence for 16 years.
She welcomed the Moonrose business to the district and commended their restoration
efforts. She felt that the site was too noisy for residential occupancy. She noted that
trains often blare their horns after 11:00 p.m., freight trains pass through during the
night, and music emanates from the downtown bar until 1:30 a.m.
(11) Gil Jones, 31791 Los Rios Street, noted his abstention in this matter and spoke as a
citizen. He stated he has watched the gradual decay of the house over the years. He
felt that the Moonrose operators would give the structure the love and care it needs.
He indicated that the intent of the original Los Rios Precise Plan was to permit
"cottage commercial" uses with the intention of preserving the integrity and character
of the neighborhood by preserving the structures. He expressed concern about the
potential fate of many of the historic structures in the neighborhood and the
importance of preserving them. He discussed the difficulties involved in selling and
in maintaining an historic home. He noted the noise impacts associated with the
increasing number of daily trains and commuters. He clarified the parking situation
on Los Rios Street and felt that parking issues should be the concern of the Moomose —
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owners rather than the people living in Los Rios, since except for the west side of Los
Rios between Verdugo south to Del Obispo, there was already no parking allowed.
(12) Jeff Vasquez, 31891 Los Rios Street, concurred with Mr. Jones' comments. He
stated that the intent of the Precise Plan was to preserve the historic structures.
However, the economic reality was such that residents need incentives or justification
to make improvements to their historic properties, and they cannot rely on their
residential occupancy alone to generate needed revenue. He noted that his family
generates more traffic impacts on a daily basis than does his business. He stated that
the proposed exemption would not modify the zoning for the area but would be
limited to the Moonrose use only. He suggested that parking be addressed through
restrictions and/or limiting the hours of operation. He felt that the Moonrose
business, in this location, would generate business from people walking in the area.
He urged support of the exemption to allow the applicants to make needed
improvements to the property.
(13) Margie Roberts, 31901 Los Rios Street, spoke regarding the proposed exemption for
the Romero residence (Decorative Arts Study Center). She commended the operators
of the Center and felt they were concerned about the community and the preservation
of its historic character. She indicated that her only concern was with parking. She
felt it was impossible for anyone to live in the Combs residence because of the noise
and spoke in support of both exemptions.
' (14) Michael Palmer, 31871 Los Rios Street, noted that he also owned the house adjacent
to the Romero residence. He indicated that he had no concerns with either of the
proposed exemptions.
(15) Tim Bolen, publisher of the Swallows Tale, 31103 Rancho Viejo Road, #2131, stated
he was for and against the proposal. He felt Moonrose should be granted an
exemption. However, he felt that the proposals should be reviewed in a public forum
setting. He felt that the Moonrose operators were trying to restore the Combs house
so that it could be enjoyed by future generations and that was what was important.
However, he also felt it was important to maintain the residential quality of the
district. He noted that the Swallows Foundations' efforts to raise funds to restore the
Combs House had not been successful.
Those in Opposition to the Proposed Amendment:
(1) John Taylor, 31661 Los Rios Street, felt that the proposed exemption was a step in
the wrong direction. He stated that the residents of the Los Rios Historic District
were concerned about maintaining a neighborhood atmosphere and encouraged the
Moonrose operators to become neighbors and operate their business out of their
home, as required by the Los Rios Precise Plan. He commended their current
restoration work but noted that the applicants knew about the residential occupancy
' requirements prior to purchasing the property. He emphasized that the uses in the
district are to be primarily residential, with a small business as a secondary use. He
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felt that CEQA requirements had not been adhered to for this project. He advised
that during a conversation this date, a spokesman for the State Historic Preservation
Office felt that a categorical exemption was not appropriate in this case because of the
potential adverse impacts to the neighborhood in the future. Mr. Taylor noted that
the district is the oldest residential neighborhood in California and urged that the
designation not be altered.
(2) Ilse Byrnes, 30500 Hilltop Way, noted that the Combs house had been placed on the
National Register of Historic Places in 1983. She noted that in March 1995, the City
Council adopted an amendment to the Los Rios Precise Plan clarifying that structures
were primarily residential with small businesses as secondary uses. She felt that
allowing pure commercial uses, as opposed to cottage uses, in an historic residential
district could result in an Olivares Street -type situation. She strongly urged that
purely commercial uses be prohibited in the district.
(3) Jim Allen, 27703 Ortega Highway, expressed concern about the proposed exemption
and stated that the district was important because it was the last remnant of the
Mission Indian Pueblo period of California history. He stressed the importance of
preserving natural historic resources. He urged that the Council consider the historic
implications when deciding their vote in this matter.
(4) Carmenita Nava and Joyce Perry, granddaughters of Dora Danfield who resides at
31701 Los Rios Street, read Mrs. Danfield's statement which described the history of
the District as primarily a residential area. Mrs. Danfield felt that the Gallery at 31711
Los Rios and the Ramos Cafe uses in the district were inappropriate, particularly the
Cafe's sale of beer and wine. She urged that a simpler life be maintained in the district
and expressed concern with Los Rios becoming like Olivares Street in Los Angeles.
(5) Raymundo Becerra, 31881 Los Rios Street, noted his letter submitted on August 7
to the Los Rios Review Committee. He felt that a number of problems may occur in
the district if the proposed exemption were granted, such as insufficient parking, a
proliferation of signs on Los Rios Street, and circulation. He noted that Solag
Disposal is an example of how certain kinds of uses can adversely impact the district.
(6) Janet Boucher, 27361 Ortega Highway, stated she had been on the Cultural Heritage
Commission for 13 years. She recalled that the intent of forming the Los Rios Review
Committee was to give Los Rios residents the fust voice in matters that affected their
neighborhood and its historic nature. She felt that the district was primarily a
residential neighborhood comprised of individuals and families. She stated that the
Cultural Heritage Commission did not encourage any plan that was not favorable to
the Los Rios residents and felt that should be the City's position as well.
(7) Mary Ann Hanover, 31931 Paseo Monte Vista, expressed empathy for both
applicants, noting that she had served on the board of the Decorative Arts Study
Center and had been a walking tour guide for over 18 years. However, she was
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opposed to both exemptions because Los Rios was primarily a residential street; the
' Los Rios Precise Plan requires that structures within the district be used primarily as
dwellings, with some cottage commercial uses to accompany the residential use; and,
the district's historic designation would be lost if the exemptions were approved.
(8) Barbara Baum, 31352 Guadalupe Street, stressed the importance of preserving San
Juan Capistrano's historic heritage. She felt that the Los Rios Historic District was
very unique and held a special charm for local residents and visitors. She believed that
a commercial -only use for a structure was detrimental to the district and could set a
precedent, resulting in the deterioration of the district.
(9) Michael Viegas, 27687 Calle Marine, Mission Viejo, noted he is a Native American.
He felt that ignorance of the issues in the district was no excuse for granting the
proposed exemptions. He felt that free enterprise would eventually overtake this
quaint, quiet neighborhood.
(10) Julian Rollins III, 27285 Via de Gavilan, noted he was caretaker of the property at
26612 Mission Street and was born and raised in San Juan Capistrano as a Native
American. He felt it was most important to preserve the oldest residential
neighborhood in California.
(11) Frances Kennedy-Perguson, 26632 Ramos Street, concurred with the previous
' comments. She noted that in the early 1970's, the Los Rios District was slated to be
demolished for the construction of condominiums; however, the Los Rios Precise Plan
had been created to protect this residential neighborhood and establish a limit for non-
residential uses. She recommended denial of both exemptions.
n
L
(12) Lee Buser, 27157 Paseo Marbella, member of the Cultural Heritage Commission,
spoke as a private citizen and stated that the desires of the residents and the Precise
Plan should be upheld. To grant these exemptions would deny future generations a
glimpse of early California history. She felt that the neighborhood was still "alive"
despite the increase in noise, traffic, and trains. She stated that once the historic
character was gone, it was gone forever. She urged the City Council to be consistent
with their previous statements about the district and oppose the exemptions.
(13) Jill Hanna, 26861 Canyon Crest, noted that she had lived in a home in England that
was 400 years old. She noted that in other countries historic areas are preserved to
the ultimate, with no rezoning to allow commercial or semi -commercial. They do
have cottage industries such as bed and breakfast establishments. She felt there was
little history preserved in southern California except for San Juan Capistrano, and
stressed the importance of its uniqueness. She felt that permitting small exemptions
here and there would result in losing the historic specialness of the district within 25
years.
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(14) Marguerite Kennedy, P.O. Box 4542, Mission Viejo, noted that she felt privileged to
have resided in the Los Rios Historic District, including the Combs house, for many
years. She felt that the reports of decay of the structure had been exaggerated. She
described her rehabilitation efforts on the structure. She believed that living in a
structure and operating a business from one's home was very different than operating
a full-time business.
(15) Bill Hardy, 26523 Calle Lorenzo, Chairman of the Los Rios Review Committee,
spoke as a private citizen. He concurred with previous statements made by certain
Council Members that government should not interfere in private property matters.
He noted that the action taken by the City Council earlier this year to clarify the
primary residential nature of the Los Rios Historic District occurred because of the
misconception that the district was primarily commercial and not residential. He
emphasized that the applicant was fully aware that the district was designated as
primarily a residential neighborhood when they purchased the property.
(16) Lori McKinley, 31600 Los Rios Street, indicated she moved to her residence 3'/s
years ago, and it had been fairly uninhabitable at the time. However, with assistance
from neighbors and others, the house was made habitable. She felt that the Combs
residence could be made habitable for use as a residence and expressed concern that
allowing an exemption from the residency requirement could set a precedent. She
noted that there was an art gallery operating in the area without benefit of residential
occupancy.
(17) Charlotte Lear, 33592 Avenida Calita, concurred with the comments made by
Ms. Hanna. She felt that the Moonrose store was an inappropriate use for the area.
(18) David Belardes, 31741 Via Belardes, discussed how the Los Rios area has been
damaged by previously approved uses in the district, including Solag Disposal, the RV
storage, and a towing yard. He felt that the City had an obligation to current residents
and the ancestors who once lived there to maintain the historic area as it is. He noted
that putting up with the trains is a part of life in the district.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
Council Discussion:
Council Member Swerdlin stated that the Los Rios area has a long history which needs to be
preserved and that the desires of the residents needed to be addressed. He stated that the
Moonrose operators were willing to make a commitment to the community and to the spirit
of the Los Rios Historic District. However, he felt it was not necessary for the owners to live
there and be subject to the adverse impacts of the area, which will continue to increase in
intensity, in order to make that commitment. He urged that the exemption be granted, subject
to conditions.
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Council Member Campbell emphasized the importance of the City's historic areas to the
' community, particularly the Combs house. She felt that restoration of the Combs house was
very important and noted the efforts being made by the applicants. She stated that the
residents' main concern was the infiltration of commercial activity into the district and moving
away from the residential neighborhood. However, she felt that the property was very unique
and would support the exemption for the following reasons only: the property is open on
three sides, does not have privacy, the house has very low square footage, the location of the
Los Rios Entry Plaza leads to the front door of the house, and the close proximity of the
trains. She felt that the wording of the exemption was specific for this site and would not
shift into other areas of the district.
Council Member Hart concurred with the comments made by Council Members Swerdlin and
Campbell. He felt that an exemption for this property would not impact the historic value of
the site as the commercial use would preserve, not destroy, the neighborhood. He believed
that each property should be addressed on its own merit. He noted there were facade
easements to protect the exterior of the building. He felt that the Moonrose operators would
restore the Combs house as closely as possible to the original and would maintain it. He
stated that parking enforcement could be provided but cautioned that residents could be cited
as well. He expressed appreciation to both applicants, Moonrose and the Decorative Arts
Study Center, for handling their particular situations in the proper way and bringing them to
the public. He noted the large amount of funding required to restore historic properties, and
that such restoration often cannot be accomplished without benefit of a commercial use.
' Mayor Nash disagreed and summarized why she felt that the residential use is the most
important use in the district. She noted that the Los Rios Precise Plan had been designed to
assure that Los Rios Street, in particular, remained residential. She stated that the only reason
commercial uses had been permitted was to allow residents to have the financial means to
support themselves and the residence on the property; the commercial use was not to be the
primary use. She stated that other areas in the Los Rios Plan had been specifically designated
commercialwith no residential requirement. She felt that what makes the Los Rios Historic
District so historically significant is that it is still a residential neighborhood with a definite
character and authenticity that cannot be found anywhere else in California. She felt that the
proposed use was incompatible and inappropriate and would undermine the residential zoning
over a period of time. She felt that staff did not make the necessary findings to grant either
exemption. She noted that in March 1995, the City Council approved a modification to the
Los Rios Precise Plan which clarified that the primary use in the Los Rios Historic District
was residential, not commercial. That modification had been made in order to assist residents
in obtaining loans. She felt that the Council should remain consistent with that action;
otherwise, the exemption may cause residents to have difficulty obtaining loans again. She
felt that it would not be long before the residential character of the district was destroyed if
exemptions were allowed one by one.
Motion to DeM the Proposed Amendment (ailedY
It was moved by Mayor Nash that the proposed Amendment to Section 2 of the Los Rios
Precise Plan be denied. The motion died due to lack of a second.
City Council Minutes -13- 8/15/95
318
Adoption of Resolution Approving Amendment to Los Rios Precise Plan (Combs):
It was moved by Council Member Swerdlin, seconded by Council Member Hart, that the
following Resolution, as finally revised by staff and as amended by the City Council to include
the following conditions, be adopted based on the findings that the property is open on three
sides and has little privacy, that the house has very low square footage, that the location of
the Los Rios Entry Plaza leads to the front door of the house, and that the property is in close
proximity of the trains:
(1) UPS deliveries will be allowed to occur on Los Rios Street;
(2) The regular hours of operation (from January 1 to November 15 of each calendar
year) open to the public shall be limited from 10:00 a. m. to 6:00 p.m. Holiday hours
of operation (from November 16 to December 31 of each calendar year) open to the
public shall be allowed from 9:00 a.m. to 9:00 p.m.;
(3) If the business changes hands the new owner shall apply to the City Council for an
exemption:
RESOLUTION NO, 95-8-15-2. AMENDMENT TO SECTION 2 OF THE
LOS RIOS PRECISE PLAN (COMBS RESIDENCE) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE AMENDMENT TO SECTION 2 OF
THE LOS RIOS PRECISE PLAN TO EXEMPT PROPERTY (COMBS)
LOCATED AT 26711 VERDUGO STREET FROM THE HISTORIC
RESIDENTIAL DISTRICT RESIDENTIAL OCCUPANCY
REQUIREMENT (CROW/TOLER/PACIFIC INVESTMENT
PROPERTIES)
The motion carried by the following roll call vote:
AYES: Council Members Campbell, Hart, and Swerdlin
NOES: Mayor Nash
ABSTAIN: Council Member Jones
ABSENT: None
Council recessed at 9:30 p.m. and reconvened at 9:45 p.m.
City Council Minutes
-14-
8/15/95
319
PUBLIC HEARINGS (continued)
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Proposal:
Consideration of an Amendment to the Los Rios Precise Plan to exempt the property located
at 31911 Los Rios Street (Romero residence) from the residential occupancy requirement of
the Historic Residential (HR) District for the operation of the Decorative Arts Study Center.
The exemption was requested because the applicant did not propose to occupy the structure
as a primary residence. The Decorative Arts Study Center proposed to occupy the 770 -
square -foot structure to conduct administrative and day-to-day operations. It was expected
that one employee and one volunteer would occupy the structure at any one time. Three
parking spaces were proposed; hours of operation were proposed from 10:00 a.m. to 3:00
p.m. One sign would be installed. There were no changes proposed except entry flowers and
potted plants, and structure and site maintenance and upkeep.
Applicant:
Decorative Arts Study Center
c/o Ed Akins
31431 Camino Capistrano
San Juan Capistrano, CA 92675
Property Owners:
Allen F. Olivares and Teeter Romero
1611 East 52nd Street
Long Beach, CA 90805
Written Communications:
(1) Report dated August 15, 1995, from the Planning Director, recommending that the
exemption be granted based on the proposed use by a non-profit community
organization being consistent with the Los Rios Precise Plan and compatibility with
surrounding properties. The Report included an alternative approach, should Council
feel the recommended amendment was inappropriate, which would permit a limited
number and type of business to operate within the HR District (without the residential
occupancy requirement) under a provisional permit, subject to the review and
approval of the City Council.
(2) Memorandum dated August 9, 1995, forwarding (1) a summary of the Planning
Commission's August 8 action; (2) a revised Resolution incorporating conditions
recommended by the Planning Commission, including a requirement for only one
parking space; and, (3) providing clarification on certain information submitted by
residents.
(3) Final modified draft Resolution revising the wording for the proposed exemption to
restrict the uses to the Decorative Arts' administrative office and library only, and
' adding a new condition requiring landscape plans to be reviewed and approved by the
Planning Director upon consultation with the Los Rios Review Committee.
City Council Minutes -15- 8/15/95
320
(4) Letter dated August 7, 1995, to Bill Hardy, Chairman of the Los Rios Review
Committee, from Raymundo Becerra, 31881 Los Rios Street, citing concerns with
the proposed exemption as it relates to circulation, land use, visual character, and the
existing Solag Disposal use.
Mechelle Lawrence, Associate Planner/Project Manager, made an oral presentation. She
stated this project differed from the previous one because of its non-profit status, which is
generally permitted in the Los Rios Historic District. She reviewed the conditions added by
staff in response to the recommendations forward by the Planning Commission.
Public Hearing.
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and the
following persons responded:
Applicant's Comments:
(1) Ed Akins of the Decorative Arts Study Center indicated he spoke on behalf of the
Center's 600 members. He emphasized the Center's need to find a new location for
their base of operation. He noted the historic significance of the Romero house and
felt that the City should take the steps necessary to preserve the structure while still
maintaining the area's residential character. He noted that many of the district's
residents are financially unable to restore and maintain their properties, particularly
because of the difficulty in obtaining loans and insurance. He added that the district
is home to several public organizations and cottage industries, which help to preserve
the residential character of the area. He felt that many structures would be in a state
of decay without the businesses to generate the money necessary to maintain them.
He felt it was not necessary to sleep in the structure to maintain the residential
character of the neighborhood. Regarding parking, he agreed that the proposed two
tandem parking spaces were not usable, but noted that an additional parking space
had been added parallel to the curb next to the Romero house. He requested that the
Planning Commission's recommendation be modified to allow two spaces.
(2) Teeter Romero, 31332 El Camino Real, co -property owner of the Romero Residence,
indicated she had been born and raised at the house and was very sensitive to the area
because it was the core of the Juaneno people. She stated that she and Mr. Olivares
had restored the house and wanted to give something back to the community. She
noted that after the restoration, the property has been vacant. She supported the
Decorative Arts Study Center use, believing they would maintain the property
properly.
(3) [The following statement by Allen Olivares, co -property owner of the Romero
Residence, was excerpted from the previous item's public hearing.] He stated that
while residents want to preserve historic structures. He noted that the residence
stood vacant for several years after his mother's death, until it was finally demolished
and rebuilt according to the same specifications of the original house. --
City Council Minutes -16- 8/15/95
321
There being no fiuther input, the hearing was declared closed with the right to reopen at any
time.
Council Discussion:
Council Member Jones stated that four years ago he advised Teeter Romero that the best way
to address the problems with her residence was to follow the process to rebuild the structure.
He felt that they did an excellent job in making the new structure look like a well-maintained
old house. He stated that the original intent of the Precise Plan was to preserve the character
of the neighborhood and to allow cottage commercial uses, noting there was never any strong
opposition to people having their businesses there. He felt that the City needed to do more
to preserve its historic structures. He felt that the applicant was very conscientious about
history and design and would be a good neighbor. He suggested that they be allowed two
parking spaces on the property.
Council Member Hart concurred with the proposed use, stating that people often spend more
time at their business than at home.
Council Member Swerdlin indicated he would support the use but emphasized the importance
of keeping the west side of Los Rios Street as residential as possible. He noted that the
applicant held a 11/2 -year lease on the property and suggested that a condition be added
requiring that the use be reviewed at the end of the 1'/z -year lease period to determine any
adverse impacts from the use and whether there was any deterioration of the residential
. quality of the neighborhood. Council Member Jones expressed concern that this review
would leave an uncertainty for the applicant.
Council Member Campbell stated that the community was fortunate to have a tenant such as
Mr. Akins and the Decorative Arts Study Center to maintain the property properly.
Mayor Nash stated she was not opposed to the Decorative Arts Study Center as an
organization, but was opposed to any organization moving into the Los Rios area and using
a residence as their office. She clarified that the City was under no obligation to provide
relocation assistance to the Decorative Arts Study Center.
Adoption of Resolution Approving Amendment to Los Rios Precise Plan (Romero):
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution, as finally revised by staff, and as modified to allow a total of two
parking spaces, be adopted:
City Council NUutes -17- 8115195
322
RESOLUTION NO. 95-8-15-3. AMENDMENT TO SECTION 2 OF THE
LOS RIOS PRECISE PLAN (ROMERO RESIDENCE) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE AMENDMENT TO SECTION 2 OF
THE LOS RIOS PRECISE PLAN TO EXEMPT PROPERTY (ROMERO
RESIDENCE) LOCATED AT 31911 LOS RIOS STREET FROM THE
HISTORIC RESIDENTIAL (HR) DISTRICT RESIDENTIAL
OCCUPANCY REQUIREMENT (OLIVARES/ROMERO/DECORATIVE
ARTS STUDY CENTER)
The motion carried by the following roll call vote:
AYES: Council Members Campbell, Hart, Jones, and Swerdlin
NOES: Mayor Nash
ABSENT: None
Council recessed at 10:12 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 10:14 p.m. as the City Council.
ADMINISTRATIVE ITEMS
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Written Communications:
(1) Report dated August 15, 1995, from Mechelle Lawrence, Associate Planner/Project
Manager, requesting that the City Council make the following determinations with
regard to the proposed construction of a day care facility on a 1.79 -acre site on
property, known as Assessor's Parcel No. 666-042-07, located on the north side of
San Juan Creek Road adjacent to Ambuehl School:
(a) Determine whether it is appropriate in this matter to waive City fees totaling
$71,374 and outside agency fees totalling approximately $50,000, and to offer
staff assistance in seeking fee waivers from other agencies.
City Council Minutes -18- 8/15/95
323
(b) Provide initial comments on the development of a child care center and
' request for City assistance in limiting the street and San Juan Creek
improvements to the facility's street frontage only; providing relief from
participation in the construction of the bridge proposed for San Juan Creek
at La Novia Avenue; expediting the approval process; and, determining that
a Negative Declaration for the project was appropriate without mitigation
measures.
(2) The following letters were received from members of the Assistance League of
Capistrano Valley urging Council to support the facility and requesting the City's
assistance in selling a portion of their property by waiving or reducing planning fees:
(a) Dated July 30, 1995, from Mary Peterson, 5 Via Tunas, San Clemente.
(b) Dated August 7, 1995, from Mrs. Edwin A. Meserve, 307 La Rambla, San
Clemente.
(c) Dated August 8, 1995, from Donna Lee Posner.
(d) Dated July 13, 1995, from Jan Siegel, 27201 Calle Delgado, San Juan
Capistrano.
' (e) Dated July 10, 1995, from Betty Lou Lovejoy, 603 Vista la Linda, San
Clemente.
(f) Dated July 12, 1995, from Barbara A. Horan, 29402 Christiana Way, Laguna
Niguel.
(g) Dated August 12, 1995, from Mrs. William Golden, 33871 Calle Conejo, San
Juan Capistrano.
Mr. Tomlinson noted that he had a potential conflict of interest in this matter due to its
proximity to his residence and he had abstained from participation except for an initial
letterresponding to the Assistance League providing them with general information in this
matter. Mechelle Lawrence, Associate Planner/Project Manager, made an oral presentation.
She noted that approximately 17-18 letters were received in response to this item. She
suggested that a condition could be added to the project regarding timing of the
improvements to assist the League financially.
Public Comments:
(1) Betty Lou Lovejoy, 603 Vista la Linda, San Clemente, advised that the Capistrano
Valley Chapter had 73 active members, and discussed their Operation School Bell and
Hands -On Literacy Program philanthropic projects. She indicated that the League
' purchased this property in 1989 to expand their philanthropic program and institute
a service center, with plans to sell two thirds of the property and save the balance for
City Council Minutes -19- 8115/95
324
the center. However, the League has had trouble selling the property. She advised
they now had a prospective buyer.
(2) Keith French of the Urban Design Group, on behalf of the Assistance League of
Capistrano Valley, noted that he was not a member of the League. He explained that
the League was a non-profit organization that provides services to the community that
the City cannot provide. He noted the League's desire to move their entire operation
to San Juan Capistrano because of its more central location. He advised that the
League had entered into an agreement to purchase the subject property and had
obtained a short-term loan. They had intended to sell a portion of the property and
use the money to build their service center. He indicated that immediately following
their purchase, the League had had an interested buyer who wanted to build a day
care center. That buyer had not followed through, indicating concerns with the City's
requirements and fees. Two other prospective buyers expressed interest, with the
same result. He noted that during this time economics had changed, resulting in
decreasing property values and declining income from the League's thrift shop. He
stated that the majority of their money was being used to pay debt service on the loan
for the property. He requested assistance from the City as follows:
(a) The League presently has an prospective buyer who wants to build a day care
center on 1 acre of the property. In order to assure the buyer of the City's
interest, the League requested this work session to determine whether this
project could be processed quickly so that the League could resolve its
financial difficulties as soon as possible and resume its charitable efforts. He
felt a 3 -month processing and review period was possible with issuance of a
construction permit by December 4, 1995. He offered assurances that the
developer intended to follow the site and design guidelines to the fullest extent
and if the processing time were shortened he would meet the schedule.
(b) The arrangement with Glenwood Development, who would construct the
Tutor Time day care facility, had been set up to benefit the League. In order
to increase the selling price and reduce the remaining debt service, the League
had agreed to split the savings in fees with Glenwood Development. Total
fees were estimated at $175,000 for the 1 -acre project. He requested a
waiver of all fees, including the Transportation Corridor Fees. He also
requested City assistance in approaching outside agencies regarding a waiver
of their fees.
(c) He requested that the League be required to make only those street
improvements that are located in front of the day care center only and that the
City postpone the balance of the improvements until a more appropriate time,
including participation in the future bridge construction at La Novia Avenue.
He noted that the applicant, Glenwood Development Co., issued a traffic study this
date, which concluded that the project would result in a traffic increase of less than
City Council Minutes -20- 8/15/95
325
5% of the peak traffic volume on La Novia at the San Juan Creek crossing, including
traffic from the nearby elementary school. He felt there would be an insignificant
impact from noise since the project would be located adjacent to Ambuehl Elementary
School. Regarding aesthetics, he stated that the developer has agreed to meet all of
the City's design and site standards.
Council Member Campbell stated that the Transportation Agency would be unwilling to
reduce its fees, and the City had no control over the Agency.
Council Member Jones suggested that instead of waiving the fees, the fees be deferred and
expedited the project to assist the League in resolving their financial concerns. He suggested
that the City consider carrying a second trust deed or an encumbrance on the property, which
would allow the City to recoup its investment.
There was a consensus of the Council that the proposed use would be worthwhile to the
community. Council Member Hart felt assistance could be given in expediting the project;
however, he had concerns regarding the requested fee waiver. Council Member Campbell
noted that traffic in the area was already crowded and expressed concern about the potential
additional traffic impacts from this project. Council Member Swerdlin expressed concerns
regarding the waiver of fees and the determination of a Negative Declaration for this project.
Council Member Jones felt that the City should provide assistance in expediting the project,
as long as the quality of the project was not impacted.
Council Member Hart preferred that the fees be deferred instead of waived so as not to
impact the City's taxpayers. Council Member Swerdlin concurred and supported Council
Member Jones' suggestion to find a way to defer the fees with 4-5% interest. Mayor Nash
also concurred with Council Member Jones' comments. She discussed the difficult economic
times faced by the City and expressed concern that expediting the project could be difficult
for the limited staff in the Planning Department but felt the processing could be worked out
between staff and the applicant.
Mayor Nash emphasized that this was a worksession and in no way constituted any kind of
approval. She stated that the applicant must address the concerns and recommendations of
the City's boards and commissions during the Architectural Control application process.
Council Member Jones urged that other projects already in line not be penalized by expediting
this one.
Mayor Nash suggested that the applicant meet with the City Manager to discuss the
possibility of deferring the fees.
City Council Minutes -21- 8/15/95
326
l• •' qlwtI • _�Irl1 • L • ' �1
Written Communication:
Report dated August 15, 1995, from the Planning Director, requesting that the City Council
review the proposed site development plans for a 112 -unit affordable senior apartment
complex and identify any issues which should be addressed during the formal discretionary
review process. The project is located on 3.2 acres located on the southwest corner of
Ortega Highway and Rancho Viejo Road.
Continuation of Item:
It was a consensus of the Council that this item be continued to the Special Meeting of
August 17, 1995, at 4:00 p.m., at the request of staff.
U11 91 , 09121 Fillo
(420.30) O •
Written Communication:
Report dated August 15, 1995, from the City Clerk, advising that the Ordinance was
introduced at the meeting of August 1, 1995, and was scheduled for adoption.
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 Hart, that the following Ordinance be adopted:
ORDINANCE NO 768 AMENDING TITLE 9 OF THE MUNICIPAL
CODE TO ADD CHAPTER 10 ENTITLED SOILS SUBSIDENCE
REMEDIATION PROGRAM - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DELETING TITLE 8, CHAPTER
10 AND ADDING TITLE 9, CHAPTER 10 TO THE MUNICIPAL CODE
ENTITLED SOILS SUBSIDENCE REMEDIATION PROGRAM
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
City Council Minutes -22-
8/15/95
2. ORDINANCE AMENDING TITLE 9. SECTION 9-2.314 ENTITLED
"APPEALS" (420,30) (ADOPTION)
Written Communication:
Report dated August 15, 1995, from the City Clerk, advising that the Ordinance was
introduced at the meeting of August 1, 1995, and was scheduled for adoption.
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 Hart, seconded
by Council Member Jones, that the following Ordinance be adopted:
ORDINANCE NO. 769. AMENDMENT TO TITLE 9. SECTION 9-2.314
ENTITLED "APPEALS" - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, CHAPTER
2, ARTICLE 3, SECTION 9-2.314 OF THE MUNICIPAL CODE
ENTITLED "APPEALS"
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMANIC ITEMS
Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
None
None
Written Communication:
Report dated August 15, 1995, from Carole Jacklin, Council Services Administrator, noting
that the two vacancies had been advertised and two applications had been received.
Appointment of Members:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that Letty Cummings, a representative from Glendale Federal Bank, be
appointed to one of the vacancies on the Business Task Force. Applications for the second
position were still under review.
City Council Minutes
-23-
8/15/95
327
328
�;Jpjuv[0015131.1 •' " '. ''1 �1
Written Communication:
Report dated August 15, 1995, from the Planning Director, requesting that one member each
from the Los Rios Review Committee, the Mobile Home Park Review Committee, the
Planning Commission, and two members from the community at -large be appointed to serve
on Community Development Block Grant/HOME Committee for fiscal year 1995-96.
Appointment of Committee Members:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that the following persons be appointed to the Community Development
Block Grant/HOME Committee for the term ending March 31, 1996:
(1) Mark McGuire (Planning Commission)
(2) Shelley Bachelder (Los Rios Review Committee)
(3) Mary Rose Winkler (Mobile Home Park Review Committee)
The appointments for the community at -large positions were continued to the meeting of
September 5, 1995, for receipt of additional applications. In the future appointments to this
Committee will be made in conjunction with the annual appointments of all Commissions,
Committees and Boards.
121611031
�Wpluy I I of 1 •
Written Communication:
Report dated August 15, 1995, from Carole Jacklin, Council Services Administrator, noting
that the vacancy had been advertised and six applications had been received.
Appointment of Member:
It was moved by Council Member Swerdlin, seconded by Council Member Hart, and
unanimously carried that Ed Johnson be appointed to the vacancy on the Transportation
Commission.
Mayor Nash advised that the League voted 3 1 -1 to approve a plan to resolve the
bankruptcy issue for the County. She indicated that the League was now in the
process of lobbying for the plan, which she felt was a fairly reasonable proposal. The
plan proposes to use County tax funds instead of city property taxes to pay off the
bankruptcy debt. She noted that the League's plan does not match the County's plan
that was proposed this date. Council Member Hart indicated that copies of the
City Council Minutes -24- 8/15/95
329
League's plan will be provided to the City Council. Mr. Scarborough noted that
' County Supervisor Bergeson felt the plan was workable. He advised that the John
Wayne Airport was not longer being considered for acquisition by the OCTA.
b. Orange County Joint Fire Authority( 40.80)
Council Member Hart indicated that the agency was still reviewing different contracts
and was preparing its budget and investment policies at this time.
Council Member Swerdlin inquired whether there was any progress in state legislation with
regard to allowing elected representatives to participate on Vector Control boards.
Mr. Denhalter advised there was nothing to report. He noted that a recent article in The Los
Angeles Times stated that cities may not be receiving any funds for Vector Control.
u I► ► ► •I • • ' yi 1
Council Member Jones requested that early morning maintenance of the railroad platform
facilities be handled more quietly.
' 3. TRAFFIC CONTROL (590.10
Council Member Campbell inquired whether the new stop sign located in front of the Lincoln
Mercury dealership on Valle Road was necessary, noting that cars need to speed up in order
to ascend the hill. Mr. Huber indicated he would investigate the matter and report back.
"Ma
Council Member Swerdlin expressed concern with eastbound traffic on Del Avion turning
north onto Del Obispo Street because of vehicles cutting into the southbound left -tum lane
on Del Obispo onto Del Avion. Mr. Huber indicated he would investigate the matter and
report back.
Lei K81.131 I MWINIrUQi %IjI
Council recessed to a Closed Session at 11:21 p.m. for:
Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9,
for the case known as Hassett v. City of San Juan Capistrano;
' 2. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9,
for the case known as Romer v. City of San Juan Capistrano;
City Council Minutes -25- 8/15/95
330
Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(b), for significant exposure to litigation in two cases, and Government Code Section
54956.9(c), the initiation of litigation in two cases;
4. Liability Claims per Government Code Section 54956.95, San Juan Partners claimant, against
City of San Juan Capistrano; and
Conference with Labor Negotiator per Government Code Section 54957.6, with George
Scarborough, City Manager, in discussion with the Classified Employees Association and the
Management Employees Association.
The City Clerk was excused therefrom, and the meeting reconvened at 12:00 a.m., August 16, 1995.
1► 1 1 / 1 / 1 1►
Mr. Denhalter advised there was no action to report on any of the items.
There being no further business before the Council, the meeting was adjourned at 12:01 a.m.,
August 16, 1995, to Thursday, August 17, 1995, at 4:00 p.m. in the City Council Chamber.
Respectfully submitted,
,L � /, —✓1W�a
ATTEST:
CAROLYN ASH, MAYOR
City Council Minutes -26-
8/15/95
NOTICE OF ADJOURNMENT OF MEETING OF
' THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan
Capistrano, California, at its Regular meeting of August 15, 1995, adjourned said meeting to
Thursday, August 17, 1995, at 4:00 p.m. in the City Council Chamber, 32400 Paseo Adelanto,
San Juan Capistrano.
DATED: August 16, 1995
Cheryl Johns y Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
' I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano do hereby
declare that the above Notice was posted at or near the door of the City Council Chamber on
August 16, 1995, within 24 hours of adjournment of the above-named meeting.
I declare under penalty of perjury that the foregoing is true and correct.
Cheryl Johns &, Cit Clerk
San Juan Capistrano, California
11
331