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00-1003_CC_Minutes_Regular Meeting193 October 3, 2000 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION {610.85) - None RECESS UNTIL 7:00 P.M. BUSINESS SESSION. The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Campbell at 7:05 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Monsignor Paul Martin, Mission San Juan Capistrano. ROLL CALL: PRESENT: Collene Campbell, Mayor Wyatt Hart, Mayor pro tem Diane Bathgate, Council Member John Greiner, Council Member David M. Swerdlin, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager; John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Russell, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Lonnie Curtis, Water Services Manager; Al King, Community Services Director; Lt. Rick Stahr, Orange County Sheriffs Department; Karen Vavan, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None INTRODUCTION. PRESENTATIONS AND DONATIONS 1. PROCLAMATION OF OCTOBER 8, 2000 THROUGH OCTOBER 14, 2000 "FIRE PREVENTION WEEK" !610.40} Written Communications: Report dated October 3, 2000, from the Community Liaison, advising that the Orange County Fire Authority had requested that October 8th through the 14th be proclaimed as Fire Prevention Week. Council Member Greiner read the Proclamation in full. Battalion Chief Greg Peterson was present to accept the Proclamation on behalf of the Orange County Fire Authority. City Council Minutes -1- 10/03/00 194 2. RECOGNITION OF LONG-TERM EMPLOYEES (730.90) Written Communications: Report dated October 3, 2000, from the Personnel Manager, advising that Jennifer Murray, Assistant City Manager, had reached 15 years of service. Mrs. Murray was present to receive a Certificate acknowledging her years of service to the City. 3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING ( 10.10) Mayor pro tem Hart introduced the following persons in attendance: Ed Johnson, Planning Commission; Phil Schwartze, former Mayor; Gil Jones, former Mayor and his wife Millie Jones. ORAL COMMUNICATIONS - None CONSENT CALENDAR It was moved by Council Member Hart, 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 Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSENT: None 1. MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. RECEIVE AND FILE WARRANTS OF SEPTEMBER 7, 2000 (300.30) The List of Demands dated September 7, 2000, in the total amount of $1,311,259.72, was ordered received and filed. 3. RECEIVE AND FILE REPORT OF INVESTMENTS — MONTH ENDING AUGUST 31, 2000 (350.30) The City Treasurer's Report of Investments as of August 31, 2000, was ordered received and filed. City Council Minutes -2- 10/03/00 19; — 4. APPROVAL OF LICENSE AGREEMENT FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS 31875 LOS RIOS STREET (TRUJILLO) (600.30) As set forth in the Report dated October 3, 2000, from the Engineering and Building Director, the License Agreement with John and Josephine Trujillo, for landscape and irrigation improvements in a portion of unpaved right-of-way in front of their property at 31875 Los Rios Street, was approved. The City Clerk was authorized to forward the Agreement to the County Recorder. 5. APPROVAL OF DEVELOPMENT AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES -- PARCEL MAP 89-393 J & P DEVELOPMENT) 600.30 As set forth in the Report dated October 3, 2000, from the Director of Public Works, the Development Agreement for Construction of Water Facilities with J & P Development was approved. The Mayor and City Clerk were authorized to execute the Agreement. 6. ADOPTION OF RESOLUTION ACCEPTING THE DEDICATION OF AN EASEMENT FOR STREET, HIGHWAY AND PUBLIC UTILITY PURPOSES AND A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES – NORTHEAST CORNER, DEL OBISPO STREET/CALLE ASPERO (32041 DEL OBISPO STREET/LOGAN) (670.50 As set forth in the Report dated October 3, 2000, from the Engineering and Building Director, the following Resolution was adopted accepting an easement from Mr. and Mrs. Garfield Logan, owners of property located at 32041 Del Obispo Street, for street, highway and public utility purposes and temporary construction purposes. RESOLUTION NO. 00-10-3-1 ACCEPTING EASEMENT - 33041 DEL OBISPO STREET (LOGAN) –A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT FOR STREET, HIGHWAY AND PUBLIC UTILITY PURPOSES AND TEMPORARY CONSTRUCTION PURPOSES – NORTHEAST CORNER, DEL OBISPO STREET AND CALLE ASPERO (32041 DEL OBISPO STREET/LOGAN) The Resolution directed the City Clerk to forward the Easement Deed to the County Recorder. 7. APPROVAL OF AMENDMENTS TO THE 2000-2007 CITY SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM 330.40 As set forth in the Report dated October 3, 2000, from the Engineering and Building Director, the proposed amendments to the 2000-2007 City Seven -Year Capital Improvement Program were approved. The Amendments reflected the prior year's unspent funds, credit for project deletions, or increases attributed to additional grant funds awarded. City Council Minutes -3- 10/03/00 196 8. ADOPTION OF A FLEXIBLE BENEFITS PLAN DOCUMENT (720.40) As set forth in the Report dated October 3, 2000; from the Personnel Manager, the following Resolution was adopted approving a Flexible Benefits Plan Document, as defined by Internal Revenue Code Section 125, to meet the requirements of providing medical benefits through CalPERS. RESOLUTION NO. 00-10-3-2, ADOPTING FLEXIBLE BENEFITS PLAN DOCUMENT — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A FLEXIBLE BENEFITS PLAN DOCUMENT (JULY 1, 2000— DECEMBER 31, 2001) 9. APPROVAL OF CITY COUNCIL MINUTES OF SEPTEMBER 5, 2000 The Minutes of the Regular Meeting of September 5, 2000, were approved as submitted. PUBLIC HEARINGS 1. APPROVAL OF CITY COUNCIL POLICY NO. 421, SLOPE DENSITY FORMULA CONTINUED FROM SEPTEMBER 5 2000 610.30 Proposal: .. Consideration of a Council Policy developed in response to the.newly-adopted General Plan Land Use Element which requires the development of a slope density formula. The primary purpose of the formula would be to provide a method to assist the City in considering the intensity of development for hillside areas. Adoption of the Policy would allow staff to gain experience in its implementation before adopting specific ordinance requirements. Applicant: City of San Juan Capistrano Written Communications: (1) Report dated October 3, 2000, from the Planning Director, recommending adoption of the Policy and preparation of a code amendment to integrate the contents of the proposed policy into the provisions of Section 9-3.505 (Hillside Management Regulations). The Report outlined the previous public hearings which addressed the proposed City Council Policy and advised that the comments and recommendations of the Ad Hoc Committee, which had been appointed at the September 5, 2000 City Council meeting, had been reflected in the revised Policy. The revisions were reflected in the proposed slope formula for calculating residential units and in the inclusion of an exception to the Policy provisions. The exception provisions specifically related to the establishment of criteria for considering additional units due to exceptional project design or identifiable community benefit. City Council Minutes -4- 10103/00 199 (2) Letter dated October 2, 2000, from Mark Nielsen, Co -Chair of Citizens Against Uncontrolled San Juan Expansion (CAUSE), endorsing the adoption of the Slope Density Formula and requesting consideration of additional language to be included in the Policy as follows: (a) Add language in the policy to make explicit that "the formula does not result in an entitlement, but only sets a maximum density"... (b) Reduce the Exception Provisions to a maximum exception of 10%... (c) Tighten the Exception Language to make sure it cannot always be triggered... The Planning Director made an oral presentation, describing the proposed Policy and recommended revisions in detail. Council Questions: Council Member Swerdlin initiated discussion regarding the relationship between a reduction in density and slope instability and failure. The Planning Director discussed new design techniques and the use of specific language within the Hillside Management Regulations and the General Plan. The concept of clustering was discussed which would avoid specific geotechnical problems experienced in other developments in the past. The City Manager advised that the issue of slope density was not uniquely isolated to slope instability but also to protecting natural landforms and minimizing the risk of geotechnical instability. Public Hearing: Notice having been given as required by law, Mayor Campbell opened the public hearing, and the following persons responded: (1) John P. Erskine of Nossaman, Guthner, Knox & Elliott, LLP, representing Concorde Development and Whispering Hills, presented a letter dated October 3, 2000, outlining their objections to the proposed Policy. He urged the City Council to follow the Planning Commission recommendation to take no action and instead use those policies and ordinances currently in effect. He stated that the policies adopted by the City subsequent to the Whispering Hills applications being deemed complete could not be applied to the processing of the Whispering Hills applications. He felt existing land use policies and the General Plan and Hillside Management Regulations were more than adequate to protect the hillside areas; that there was no factual basis for slope density reduction to increase slope stability; that the Policy was discriminatory as applied to Whispering Hills; and, that none of the seven study parcels would be so drastically reduced in density as would Whispering Hills. (2) Lisa Hosinski, 28692 Paseo Bahia, an executive member of the Committee CAUSE, expressed her support of the Slope Density Formula and stated her opinion that it would have been beneficial to the community if this Policy had been in effect some time ago, and urged adoption of the Policy with the language requested by CAUSE. City Council Minutes -5- 10/03/00 200 (3) Thomas Larch, 819 Ave. Salvador, San Clemente, stated he owned property that would be affected by the implementation of the Slope Density Formula. He stated his opinion that this formula was significantly more restrictive on the number of allowable dwelling units than those previously recommended by the Planning Commission. He asked that if adopted, the Policy be modified to be more flexible and less onerous to small developers. He stated his preference for retaining the overall land use density which had been in place for many years, and asked the City Council to find that existing policies and ordinances were sufficient without overall density reduction. (4) Will B. King, 20325 Bayview Avenue, Newport Beach, stated his opinion that there should be no more development in the City and supported the proposed Policy. There being no further response, Mayor Campbell closed the Public Hearing with the right to re -open at any time. Council Discussion: Council Member Bathgate stated that she and Council Member Greiner had performed an in-depth review of the proposed Policy with Staff and that they had recommended reduced densities in the flatter areas and more restrictive on the steeper slopes; and, flexibility had been included in the Policy to allow the opportunity for an exception if there was an exceptional design that would retain the natural form of the site, provide open space or enhance the visual character of the site. Council Member Greiner concurred, stating that the exception provision should be very specific in order to achieve the stated goals of aesthetics, clustering and the unique design that reflects the character of the community. Council Member Swerdlin stated that there should be responsible development in a controlled manner that resulted in residences that would be habitable without fear of instability of soil. He stated his opinion that the proposed slope density formula did not provide the nexus for that purpose and he could not support the proposed Policy. Council Member Hart stated his belief that the proposed Policy would be beneficial to both the citizens and the community, as well as the developers. Council Member Bathgate initiated discussion regarding including in the Policy suggestions No. 1 and 3 as set forth in the fetter from CAUSE and dealing with additional language to assure the formula did not result in an entitlement, but only set a maximum density and a tightening of the Exception language. The City Attorney advised that those items could be included for consideration with the future proposed Municipal Code amendment. Approval of Policy No. 421_ It was moved by Council Member Hart, seconded by Council Member Bathgate, that the following Resolution be adopted: City Council Minutes -6- 10/03/00 197 RESOLUTION NO. 00-10-3-3, ADOPTING CITY COUNCIL POLICY NO. 421 — SLOPE DENSITY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO; CALIFORNIA, CERTIFYING THE ISSUANCE OF A NEGATIVE DECLARATION AND APPROVING CITY COUNCIL POLICY NO. 421, ENTITLED "SLOPE DENSITY", WHICH ESTABLISHES GUIDELINES FOR DETERMINING THE APPROPRIATE RESIDENTIAL DENSITY FOR HILLSIDE AREAS. The motion carried by the following vote: AYES: Council Members Bathgate, Greiner, Hart, and Mayor Campbell NOES: Council Member Swerdlin ABSENT: None Staff was directed to prepare an amendment to Title 9 of the Municipal Code to integrate the contents of the Policy into the provisions of Section 9-3.505 (Hillside Management Regulations), and to include for consideration in that amendment suggestions 1 and 3 in the letter dated October 2, 2000, from Citizens Against Uncontrolled San Juan Expansion. RECESS AND RECONVENE Council recessed at 8:15 a.m. and reconvened at 8:25 p.m. The following items were taken out of order from the agenda: ADMINISTRATIVE ITEMS CITY MANAGER CARE ANIMAL ADOPTION CENTER BUSINESS PLAN AND PROGRESS REPORT (500.10) Written Communications: Report dated October 3, 2000, from the Principal Management Analyst, forwarding the Capistrano Animal Rescue Effort's Business Plan for San Juan Capistrano Animal Services, dated August, 2000, and noting that three potential sites had been identified for an adoption center: the Swanner Ranch, Marbella Fire Station site and Southern Open space at the terminus of Camino Las Ramblas, The Report provided an evaluation of the sites and recommended that the City explore shelter -only services with both Mission Viejo and Coastal Animal Shelter Authority. The Principal Management Analyst made an oral report, noting that he hoped to return to Council with a response from CASA and Mission Viejo within thirty days. City Council Minutes -7- 10/03/00 198 Public Input (1) Will B. King, 20325 Bayview Avenue, Newport Beach, stated his opinion that although the shelter was a good idea, the City Council should observe the distressing conditions at the shelter in Huntington Beach prior to reaching a final decision in this matter. He felt this issue should be addressed at the County level. (2) Lon Uso, 31302 Via Las Palmas, stated his opinion that the City should proceed with a plan to look after the animals. He outlined the Capistrano Animal Rescue Effort's organizational achievements during the last three months; stated that the staff recommendation did not go far enough and revisiting the Mission Viejo and San Clemente shelter's was unwarranted. He urged the City Council to move ahead immediately while a site is still available for the shelter, and requested that staff be directed to work with CARE to determine if the Swanner House or another site would be appropriate for a shelter site. (3) Gil Jones, 31791 Los Rios St., stated that he would like to see a facility of this type in the City without further delay. He expressed his confidence in CARE and felt that the City Council should not wait for a response from Mission Viejo or CASA. The City Manager stated that he had advised CARE of his feeling that it was important to know if sheltering services could be provided by CASA and Mission Viejo; that the City had not previously asked for a proposal for sheltering services only and the costs could be different. He further stated that if either Mission Viejo or CASA could provide services, then the goal of attaining those services for the City would happen more quickly than would be possible if the shelter were to be built in the City. Mr. Uso stated he could support a one-year contract with either CASA or Mission Viejo, but did not want that as a permanent situation and the process should continue forward. (4) Marsha Swartze, 31211 Casa Grande Drive, described the accomplishments of CARE. She felt the staff recommendation did not go far enough and asked that staff be directed to proceed with whatever steps were necessary to establish a humane animal shelter on one of the available sites in the City. She felt that requesting proposals from San Clemente and Mission Viejo would only further delay the City's shelter. (5) Ruth Duncan, 27509 Paseo Toluca, referred to the option of CASA and Mission Viejo and concurred with Lon Uso that this should only be a short-term solution. She stated that the three potential locations may not exist in the future; that the Swanner Ranch House was the most viable location; and, that the delay only caused more animal deaths. Ms. Duncan stated that applying for grants and fund raising were difficult without an identified site and urged the City Council to move forward. City Council Minutes -8- 10/03/00 201 — (6) Jessica Baker, 31682 Via Cervantes, stated strong support for the shelter, noting that she was saddened that the City was not doing more to care for its animals. She felt that animals were part of the culture of San Juan and that CARE's efforts were not political, they were for the animals. (7) Steve Estrada, 27665 Paseo Alondra, stated he represented a private enterprise who was willing to assist in the building of a shelter and was pursuing meetings with CARE and the City. Council Discussion: Council Member Hart requested clarification from the City Manager regarding moving ahead with a site identification and working with CARE. The City Manager stated that there were complex issues regarding the potential sites; that the concept was never that staff would stop addressing site issues or working with CARE, it was that staff needed to know what Mission Viejo and San Clemente represented as opportunities before the Council could conclude what options were available and what, if any, site should be chosen in the City. He indicated that staff would return within 30 days with a report on the options that were available. Council Member Bathgate requested a more detailed analysis of the sites available in order to look at the constraints and opportunities, and expressed her support of requesting a proposal from San Clemente and Mission Viejo. Council Member Greiner concurred that in order to make the best and most informed decision the cities of San Clemente and Mission Viejo should be consulted. Council Member Swerdlin suggested that CARE include an educational aspect to their goals. Approval of Business Plan: It was moved by Council Member Swerdlin, seconded by Council Member Hart and unanimously carried that CARE's business plan be received and filed, and that staff be directed to solicit a proposal from CASA and Mission Viejo for sheltering services only. Additional direction was given to staff to continue working with CARE on site availability and selection and return to the City Council meeting on November 7th, 2000, with an evaluation of potential sites. 2. CONSIDERATION OF CONCEPTUAL_ CITY ENTRY SIGN PROGRAM PHASE 1(410.40) Written Communications: Report dated October 3, 2000, from the Economic Development Manager, advising that pursuant to Council direction, staff and volunteer resident Mike Imlay, had developed a conceptual City entry sign program for Council consideration. The proposed location for the Entry Sign was on Ortega Highway past the Del Obispo traffic signal, across from the Jack in the Box Restaurant. The report advised that staff had compared the entry sign programs in other California communities, including cities surrounding San Juan Capistrano, and had moved away from the idea of identification markers at every major intersection. The proposed program recommended evaluating opportunities as they City Council Minutes -9- 10/03/00 202 arose and included consideration of bridge ornamentation, paintings, murals and a bold concept for those arriving into the downtown from Ortega Highway. The Economic Development Manager gave an oral presentation, advising that costs for the proposed Phase I would be between $60,000.00 and $100,000.00. Mr. Mike Imlay, the architect who developed the conceptual plan, gave an oral presentation and made reference to the conceptual plans and drawings displayed in Council Chambers and discussed the eclectic and historic style of the City which influenced the conceptual plan. Approval of Program: It was moved by Council Member Hart, seconded by Council Member Swerdlin and unanimously carried to approve the conceptual City Entry Sign Program and to direct staff to proceed with developing Phase I working drawings. RECESS AND RECONVENE Council recessed at 9:25 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 9:27 p.m. ADMINISTRATIVE ITEMS (CONTINUED) CITY MANAGER 3. APPROVAL OF ORTEGA HIGHWAY SOUND STUDY - SECOND -IN HOMES (ORTEGA HIGHWAY MITIGATION PROGRAM) (GORDON BRICKEN & ASSOCIATES) (800.201600, Written Communications: Report dated October 3, 2000, from the Principal Management Analyst, providing background leading up to the second -in homes sound study and advising that one home had qualified the funding. A map showing first- and second -in homes and contour lines indicating dbA levels was on display and Douglas Dumhart, Principal Management Analyst gave an oral presentation. He described how the noise monitoring had been accomplished and how the noise levels had been averaged. He noted that many of the complaints about noise could be due to noise "spikes." Council Discussion: Discussion ensued regarding providing assistance to the residents who were at this location prior to the 1997 importation of trash and who would be among those who would qualify for funding if the dbA level was dropped to 40. Council Member Bathgate suggested consideration of other programs for funding for example pedestrian crossings and or driveway con nectionslprotection and stated her support of revisiting this issue in the future. Council Members Greiner and Swerdlin stated that they would like to see the study continued and requested review of the number and duration of spikes. City Council Minutes -10- 10/03/00 P11119 Approval of Sound Study: It was moved by Council Member Greiner, seconded by Council Member Swerdlin, and unanimously carried to accept the test results for second -in dwellings and authorize funding for the second -in home that qualified. Staff was directed to: (1) check first- and second -in homes to determine which residents were there prior to the 1997 when trash importation began and to determine which of those residents would qualify for funding if the dba level was dropped to 40; (2) describe what would be necessary in order to perform testing to evaluate noise "spikes", haw to assess "spikes" and look at a possible course of action; and, (3) look at other programs for funding such as pedestrian crossing and driveway connections. 4. INITIATION OF AN AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE GOVERNING THE USE OF BANNERS ALLOWED BY COMMERCIAL SHOPPING CENTERS FOR ARCHITECTURAL PURPOSES (420.30) Written Report: Report dated October 3, 2000, from the Economic Development Manager, advising that since there were no provisions in the Municipal Code to allow shopping centers to place decorative light pole mounted banners in shopping centers, their use was limited. The Report recommended that a code amendment be initiated to pursue some limited use of non -text, non -advertising pole mounted banners. Upon initiation of the amendment, Staff will develop specific guidelines regarding design standards, maintenance requirements, a proposed maximum number of banners; and, will provide recommendations on applicability and the use of architectural banners for future consideration. Adoption of Resolution: It was moved by Council Member Swerdlin, seconded by Council Member Bathgate and unanimously carried, that the following Resolution be adopted: RESOLUTION NO. 00-10-3-4, INITIATING AN AMENDMENT TO TITLE 9 RELATING TO BANNERS —A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING AN AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE REGARDING THE USE OF BANNERS BY COMMERCIAL SHOPPING CENTERS FOR ARCHITECTURAL PURPOSES. The motion carried by the following vote: AYES: Council Members Bathgate, Greiner, Bart, Swerdfin and Mayor Campbell NOES: None ABSENT: None City Council Minutes -11- 10/03/00 204 5. CONTINUATION OF NAMING THE PARK IN THE HISTORIC TOWN CENTER ON EL CAMINO REAL, ONE BLOCK SOUTH OF MISSION SAN JUAN CAPISTRANO (920.40) Written Communications: Report dated October 3, 2000, from the Economic Development Director, advising that the downtown park area located on EI Camino Real and informally known as the Historic Town Center Park, had become an ideal location for specific City -sponsored and community events and recommending that the City Council select a name for the park. The Report suggested that the park name make reference to the community's veterans. Council Discussion: Council Members Hart and Swerdlin requested a continuance of this item to allow the City Council time to review suggestions for names that would represent the entire community. Public Input: (1) Jack Campbell, 27792 Camino Santo Domingo, offered a suggestion to the City Council to retain the name Historic Town Center Park. He noted that through his and Councilman Hart's efforts, the former Descanso Park had been dedicated to veterans. (2) Will B. King, 20325 Bayview Avenue, Newport Beach, offered his name as a suggestion for the naming of the park. Approval of Continuance of Item: It was moved by Council Member Hart, seconded by Council Member Swerdlin, and unanimously carried, to continue consideration of this item for additional suggestions, including names that represent the whole community and the diversity of the community. Suggestions are to be presented for Council consideration at the meeting of November 21, 2000. COMMUNITY SERVICES DIRECTOR APPROVAL OF PROPOSED PARTNERSHIP MEMORANDUM OF UNDERSTANDING FOR THE STONE FIELD RENOVATION PROJECT CIP NO. 470) (MISSION HOSPITAL) (600.30) Written Communications: Report dated October 3, 2000, from the Community Services Director, advising that funding in the amount of $190,000 had been awarded for the renovation of Stone Field, as part of the St. Joseph Health System Grant Program. The Report forwarded a proposed Memorandum of Understanding with Mission Hospital for the project. City Council Minutes -12- 10/03/00 205 Approval of MOU: It was moved by Council Member Swerdlin, seconded by Council Member Bathgate, and unanimously carried to approve the Memorandum of Understanding with Mission Hospital; and, to approve an additional appropriation of $30,000 to C I P No. 470 from the Systems Development Fund reserves. ORDINANCES ORDINANCE APPROVING SPECIAL EVENT PERMITS FOR CAR DEALERSHIPS' USE OF TENTS AND DISPLAYS ADOPTION 420.30 Written Communications: Report dated October 3, 2000, from the City Clerk, advising that the Ordinance had been introduced at the meeting of October 3, 2000, 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 Greiner, that the following Ordinance be adopted: ORDINANCE NO. 851 – CAR DEALERSHIP TENT DISPLAYS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9 CHAPTER 3, ARTICLE 6, SECTION 9-3.623 (g) AND ADDING 9-3.623 (g)(4) OF THE MUNICIPAL CODE GOVERNING SPECIAL EVENT PERMITS TO PERMIT ADDITIONAL TIME PERIODS ALLOWED FOR CAR DEALERSHIP'S USE OF TENTS AND DISPLAYS. The motion carried by the following vote: AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSENT: None COUNCILMANIC ITEMS OFF -AGENDA ITEM MONTANEZ ADOBE 910.50 Consideration of Off -Agenda Item: — It was moved by Council Member Hart, seconded by Council Member Swerdlin and unanimously carried to find this item unavailable prior to the publication of the agenda and consideration was necessary at this time. City Councii Minutes -13- 10/03/00 206 Council Discussion: Mayor Campbell initiated discussion regarding an ongoing problematic situation at the Montanez Adobe regarding wedding ceremonies. Council Member Hart suggested that any weddings which have already been scheduled and committed to during the months of October and November, be allowed to continue and that validation be provided to staff. City Council discussed a restriction that no further weddings are to be scheduled at the Adobe. Disallowing Weddings at the Montanez Adobe: It was moved by Council Member Hart, seconded by Council Member Swerdlin and unanimously carried that a restriction be placed on weddings at the Montanez Adobe with the exception of those scheduled and committed to for the months of October and November, with validation provided to staff of the commitment, and that no further scheduling of weddings be allowed. ORAL REPORTS OF OUTSIDE AGENCIES — None. COUNCIL COMMENTS Eagle Scout Status 130.40 Council Member Swerdlin noted that on September 23, 2000, he had presented a Certificate of Achievement to Tibor F. Laky, Jr., on behalf of the City Council for attaining Eagle Scout status. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:10 p.m. to the next regular meeting date of Tuesday, October 17, 2000, at 5:30 p.m. in the City Council Chambers. Respectfully submitted, CHERYL JOH&SOWICITY CLERK ATTEST: LLENE,,CAM PBEL , MAYO City Council Minutes -14- 10/03/00