97-1007_CC_Minutes_Regular Meeting321
OCTOBER 7, 1997
' REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85)
Council met in Closed Session at 5:00 p.m., for the following purposes, as authorized by statute:
Pursuant to Government Code Section 54956.8, the City Council Will Meet With Its
Negotiator (City Manager) to give instructions to its Negotiator regarding the price and terms
of conditions of a possible sale of City -owned land known as the Northerly YMR Parcel,
located at the Northwest comer of Camino Capistrano and Stonehill (a portion of APN
121-254-17)
2. Pursuant to Government Code Section 54957.6, the City Council Will Confer with Labor
Negotiator (City Manager) regarding Terms and Conditions of Employment (Classified
Employees).
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Swerdlin at 7:07 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend James Tracy, Gateway Community
Church.
ROLL CALL: PRESENT: David M. Swerdlin, Mayor
Gil Jones, Mayor pro tem
Collene Campbell, Council Member
John Greiner, Council Member
Wyatt Hart, 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. Pendleton, Administrative
Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson,
Planning Director; Al King, Community Services Director, Lt. Paul Sullivan, Orange County Sheriff s
Department; Amy Amirani, Director of Public Works; Gillian E. Rampley, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
Mayor Swerdlin noted that there were no actions to report on the Closed Session items.
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INTRODUCTIONS PRESENTATIONS AND DONATIONS
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110 10)
Council Member Greiner introduced the following persons in attendance: Bill Hardy and Don
Tryon (Cultural Heritage Commission); Bill Sonka (Planning Commission); Mike
Rosenberger (Transportation Commission); Joann de Guevara, Janice Palermo and Jessica
Dean (Housing Advisory Committee); Al Simmons (Seniors Liaison to City).
2. ACKNOWLEDGMENT OF DONATIONS (150 10)
Mayor Swerdlin acknowledged the following donations: (1) Cash donations for the Ballet
Folklorico Program from Captain and Mrs. Michael Aubut, Ms. Berenice Barajas, Ms. Abbie
Gail Weiser, and Ms. Denise Finch of Creative Training Solutions in San Clemente (donation
of cash proceeds from sale of snow cones at Fourth of July celebration); and (2) the Flu
Clinic, an event coordinated by Ms. Carol Tappero, American Retirement Villas, sponsorship
and donations provided by Carrie Barker, Executive Director, Chateau San Juan and Jacque
Schweppe, Executive Director, Villa Del Obispo.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY BOARD OF
DIRECTORS/CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIItECTORS)
DONATIONS TO COMMUNITY CENTER (150 10)
Al Simmons presented a contribution from Shig Kinoshita for the Community Center in the
amount of $1,000.00 in the memory of his parents, Sanji and Sho Kinoshita.
EMPLOYEE INTRODUCTION (700.10)
Mayor Swerdlin introduced Amy Amirani, the newly -appointed Public Works Director.
NIX M 19 MOFAWDI 9iMl
It was moved by Council Member Jones, and seconded by Council Member Greiner, 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, Greiner, Hart, Jones and Mayor Swerdlin
NOES: None
ABSENT: None
The Reading of all Ordinances by title only was approved.
City Council Minutes -2- 10/7/97
323
2. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF
' SEPTEMBER 2_ 1997 AND ADJOURNED REGULAR MEETING OF
SEPTEMBER 4.1997
The Minutes of the Regular Meeting of September 2, 1997 and the Adjourned Regular
Meeting of September 4, 1997 were approved as submitted.
!_ ►I\�117y1�:7\77�`►M%��J�.'I�1yY�ISI.-TwMisiL•I'y/��
The List of Demands dated September 10, 1997 in the total amount of $639,736.09 and
September 24, 1997, in the total amount of $1,024,377.09 were ordered received and filed.
4. CITY TREASURER'S REPORT OF INVESTMENTS AS OF JULY AND
AUGUST. 1997 (350.30)
The City Treasurer's Report of Investments for the months ending July 31, 1997 and
August 31, 1997 was ordered received and filed.
5. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO RECEIVE
BIDS - COMMUNITY SERVICES DEPARTMENT QUARTERLY BROCHURE
600 30)
' As set forth in the Report dated October 7, 1997 from the Community Services Director, the
Specifications and Authorization to Receive Bids for the Community Services Brochure
Contract were approved.
1
6. RESOLUTION. NOTICE OF COMPLETION AND FINAL REPORT - DEL
OBISPO STREET REHABILITATION. PASEO DE LA PAZ TO ALIPAZ
STREET (CIP NOS. 103 AND 110) (HOLLAND-LOWE CONSTRUCTION INC.)
600 30)
As set forth in the Report dated October 7, 1997 from the Director of Engineering and
Building, the following Resolution was adopted:
RESOLUTION NO. 97-10-7- 1. COMPLETION OF DEL OBISPO STREET
REHABILITATION - PASEO DE LA PAZ TO ALIPAZ STREET
(HOLLAND -LOWS CONSTRUCTION. INC.) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR DEL OBISPO STREET REHABILITATION,
PASEO DE LA PAZ TO ALIPAZ STREET (HOLLAND-LOWE
CONSTRUCTION, INC.)
City Council Minutes -3- 10/7/97
324
The Resolution declared the work complete in the amount of $237,615.67 and directed the
City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized
to release the 10% retention in the amount of $23,761.57 thirty-five days after recording the
Notice of Completion.
AMENDMENT TO LICENSE AGREEMENT FOR THE USE OF PUBLIC
PROPERTY (D NITTI) (600,30) (CONTINUED FROM SEPTEMBER 16.1997
As set forth in the Report dated October 7, 1997 from the City Attorney, the revised
Extension of License Agreement for Use of Public Property with Dominic Nitti to maintain
a garden on a portion of the Swanner Ranch with a 90 -day termination provision, pursuant
to the City Council direction at the September 16, 1997 meeting, was approved.
1 I''• L , 11 ul t ` •• •••
As set forth in the Report dated October 7, 1997, the Final Map and Subdivision
Improvement Agreement for Tract 14379 were approved based on conformance to the
requirements set forth in the Subdivision Map Act and the approved Tentative Tract Map
conditions. The City Clerk was authorized to forward the documents to the Orange County
Recorder's Office.
At the request of Council Member Campbell, the following item was removed from the Consent
Calendar.
• u • � � r r ul � ul � • '
SEWER RECONSTRUCTION (600,60)
Upon motion of Council Member Jones, seconded by Council Member Hart, and with
Council Member Campbell abstaining due to a possible conflict of interest, the budget
amendment and Reimbursement Agreement with 9 property owners in the Hunt Club for
reimbursement in the amount of $75,533 from Sewer Enterprise Funds for replacement of
sewer drain facilities in conjunction with repair of private slopes was approved as set forth
in the Report dated October 7, 1997 from the Director of Engineering and Building.
• I• • • • L _31OW01 • • • 1" lixgL
Proposal:
Consideration of a request for
Development Plan (CDP) 78-01
assisted living, skilled nursing
City Council Minutes
approval of a text amendment (rezone) to Comprehensive
to allow development of an 86,000 -square -foot, 160 -room
and Alzheimer's care facility. The amendment to the
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325
Comprehensive Development Plan was necessary because the current General Plan
designation of 4.0, "Industrial Park," did not allow the proposed uses.
Annlicant
Attn: Wayne Sant
Marriott International, Inc.
Senior Living Services
3 13 0 S. Harbor Blvd.
Santa Ana, CA 92704
Property Owner:
Real Estate Holdings, Inc.
6320 Canoga Ave, Ste 1430
Woodland Hills, CA 91367
Engineer/Architect:
Attn: Mitchell A. Alderman
Boyle Engineering
7807 Convoy Court, Ste 200
San Diego, CA 92111
Written Communications:
(1) Report dated October 7, 1997 from the Planning Director recommending approval of
the text amendment.
(2) Letter dated October 3, 1997 and Fact Sheet from Wayne Sant, Senior Director,
Development Marriott Senior Living Services.
Preliminary landscape plans, elevations and an artists' rendering were on display. Tom
Tomlinson made an oral presentation in which he stated that this item had been considered
by the Design Review Committee and the Planning Commission; the Planning Commission
had conditionally approved the applications.
Public Hearing:
' Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and
the following persons responded:
(1) Wayne Sant, Marriott Senior Living Services, 3130 South Harbor Boulevard, Santa
Ana, spoke in support of the project and noted that the planned facility was located
near medical facilities and provided a logical "next -step" in housing facilities for
seniors in the City.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
Introduction of Ordinance AmendingCCo prehensive Development Plan 78-1:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Jones, seconded
by Council Member Campbell, that the following Ordinance be introduced.
AN AMENDMENT TO COMPREHENSIVE DEVELOPMENT PLAN
(CDP) 78-01. ORTEGA PLANNED COMMI JNITY - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADDING TEXT
TO PART 11 OF COMPREHENSIVE DEVELOPMENT PLAN (CDP) 78-
01, ORTEGA PLANNED COMMUNITY, AND ESTABLISHING
I
PLANNING SECTOR B-2 WITHIN THAT DOCUMENT
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The motion carried by the following vote:
AYES: Council Members Greiner, Campbell, Hart, Jones and Mayor Swerdlin
NOES: None
ABSENT: None
2 RECOMMENDATIONS ON INTENDED USE OF STATE COPS GRANT
FUNDS FISCAL YEAR 1997-98 (580 10)
Proposal:
Consideration of recommendations from the Police Services Chief for use of State COPS
Grant Funds and, by motion, provide direction on how the Citizens' Options for Public Safety
(COPS) grant funds should be allocated for Fiscal Year 1997-98.
Written Communications:
Report dated October 7, 1997 from the Chief of Police Services advising that these funds
were used during 1996-97 to off -set the cost of an additional Deputy Sheriff position and
recommending that the City Council consider using the COPS Funds, allocated to San Juan
Capistrano in the amount of $68,194.73, to again pay for a portion of the cost for the Deputy
Sheriff position added in the 1996/97 Fiscal Year.
Lt. Sullivan made an oral presentation, noting that in 1996 the City had added an officer on
the swing shift, which allowed the City to benefit with quicker response times and an increase
in preventative patrol time. He indicated that this had been an excellent use of the funds and
recommended its continuance.
Public Hearina:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing.
There being no public input, the hearing was declared closed with the right to reopen at any
time.
Approval of Use of COPS Funds:
Upon motion of Council Member Greiner, seconded by Council Member Campbell, and
unanimously carried, use of the COPS Funds for Fiscal Year 1997-98 in the amount of
$68,198.73 were approved to pay for a portion of the cost for the Deputy Sheriff added to
Police Services in the 1996/97 Fiscal Year.
RECESS AND RECONVENE
Council recessed at 7:25 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District, and reconvened at 7:30 p.m.
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CITY NVINUER
ESTABLISHMENT1. 1OF • 1NIL SUBCOMryffTTEE REGARDING
ENTRY SIGNS 1,1
Written Communications:
Report dated October 7, 1997 from the City Manager, recommending designation of two
members of the City Council to work as a subcommittee to develop recommendations
regarding City entry signs.
Mr. Scarborough made an oral presentation in which he indicated that the City Council had
selected a motto for the City in September and wished to proceed with the design of City
entry signs. Staff recommended that the City Council designate a two -member subcommittee
to develop recommendations for design and placement of such signs.
Council Comments:
Council Member Campbell inquired as to the process necessary to obtain County and State
permits. Mr. Scarborough advised that such permits, if any, depended on location of the
signs. He recommended selecting a design first and potential locations, then applying for
appropriate permits, if necessary.
Nomination of Subcommittee:
' It was moved by Mayor Swerdlin, seconded by Council Member Hart, and unanimously
carried to appoint a subcommittee consisting of Council Members Jones and Campbell to
develop recommendations regarding City entry signs.
' ' g_ • ' i � 1WIM711' • ' • _ff.• • ♦ •
(410.50) • ll • FRQIBER••
Written Communications:
Report from the Planning Director dated August 5, 1997, and resubmitted on August 19,
September 2, September 16, and October 7, 1997, advising that subsequent to the installation
of a solid wood fence separating the properties at 28012 San Juan Creek Road and 28042
Paseo Aldonza, an appeal had been submitted regarding the Planning Director's determination
that the requirement to install a wrought iron fence had not been part of the approval for the
room addition approved for the property located at 28012 San Juan Creek Road in March,
1996.
Appellant
Mr. Scott Looney, Metro Commercial Realty Corporation, 500 Newport Center Drive, Suite
' 930, Newport Beach, CA 92660.
City Council Minutes -7- 10/7/97
WO
A site plan was on display and Mr. Tomlinson gave an oral presentation, explaining that Mr.
Looney, the appellant, had expressed concern over a solid wood fence installed by Marguerite
Kennedy and had contended that a wrought iron fence was required because original plans
had indicated such a fence. Mr. Tomlinson provided a history of the property, noting that the
historic bunkhouse had been relocated to the lot during subdivision of the Hidden Mountain
development. The development rights to Lot A of Tract 9786, also known as 28012 San Juan
Creek Road, had been dedicated to the City. The Lot was retained under private ownership
and had not been incorporated into the Hidden Mountain Homeowners Association. As part
of the Council's action to allow access to the property, a condition had been included stating
that any additions to the bunkhouse were to be reviewed and approved by the City Council.
On March 19, 1996, a building addition and detached garage had been approved by the City
Council.
Mr. Tomlinson indicated the written record had been reviewed to determine whether the
wrought iron fence was considered part of the application or conditioned in a manner to
require future installation. He advised that the audio tapes of the City Council meeting had
also been reviewed to determine if the fence had been mentioned during the meeting. He
subsequently concluded that the conditions of approval for the room addition had not required
the installation of a wrought iron fence, not had the fence been discussed during the meeting.
Therefore, a finding was made that the City could not require installation of a wrought iron
fence. Based on the foregoing findings, he recommended denial of the appeal, confirmation
of the Planning Director's determination, and direction to staff to prepare a resolution
outlining the findings in support of the denial, which will be brought to the Council at a future
meeting.
Mr. Tomlinson advised that the appellant's attorney had requested that the approved full-size
plans be made available for the City Council. He found that the plans actually reviewed by
the City Council did not include any notation for a wrought iron fence. He researched the
issue to determine where the notations had been included and when the changes took place.
The plans and small reductions showing the wrought iron fence were dated as prepared on
November 17, 1995. Subsequently the plans were revised in February, 1996, approximately
one month prior to the Council action, and did not include a fence notation. He advised that
it had been the February 1996 plans that had been forwarded to the City Council.
Councilo ments:
Council Member Jones indicated concern that the packet attachment showed the wrought iron
fence. Mr. Tomlinson advised that those plans had only been submitted to the Cultural
Heritage Commission and Planning Commission, not to the City Council which had given final
approval to the revised plans.
Public Comments:
Mayor Swerdlin inquired if there was anyone in the audience wishing to address Council on
this item, and there was no response.
City Council Minutes -8- 10/7/97
329
enial of Appeal:
' Upon motion of Council Member Hart, seconded by Council Member Campbell, and
unanimously carried, the determination of the Planning Director that the City Council action
approving the room addition did not require Ms. Kennedy to install a wrought iron fence was
confirmed and the appeal of that determination denied. Staff will return in the future with a
resolution outlining the basis for the City Council's denial of the appeal.
I '•' 11' • t "• .11 1� 1�1
Written Communications:
(1) Report dated October 7, 1997 from the Planning Director, advising that the City's
application included a request for $1,000,000 to fund (1) the overall administration
of the HOME -funded activities; (2) the Little Hollywood new construction, consisting
of demolition and reconstruction of nine deteriorated single-family bungalow style
rental units; and, (3) the existing owner -occupied housing rehabilitation programs.
The nine units are commonly known as: 26513, 26519, 26511, 26510, 26581, 26599,
26595, and 26590 Mission Street, and 26580 Ramos Street.
(2) Memorandum dated October 7, 1997 from the Planning Director, advising that deeds
transferring ownership of the Little Hollywood properties from the City to the
Community Redevelopment Agency had not been recorded and forwarding a revised
resolution reflecting the City's support of retaining the Little Hollywood properties
' as low- and moderate -income rental housing.
Mr. Tomlinson gave an oral presentation advising that the Resolution included a commitment
to retain the units as affordable rental housing for a minimum of 20 years.
Approval of Resolution:
Upon motion of Council Member Campbell, seconded by Council Member Jones, the
following Resolution was adopted:
City Council Minutes -9- 10/7/97
RESOLUTION NO, 97-10-7-2. APPROVING SUBMITTAL OF
APPLICATION TO THE STATE OF CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING
UNDER THE HOME INVESTMENT PARTNERSHIP (HOME)
PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE
SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS
PROGRAM; AUTHORIZING EXECUTION OF A STANDARD
AGREEMENT IF SELECTED FOR FUNDING AND ANY
AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS
NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT
PARTNERSHIP PROGRAM AND THE COMMITMENT OF PROPERTY
FOR THE CONSTRUCTION OF RENTAL HOUSING (LITTLE
'
HOLLYWOOD)
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330
The motion carried by the following vote:
AYES: Council Members Jones, Greiner, Hart, Campbell and Mayor Swerdlin
NOES: None
ABSENT: None
0111 DINIM"INI I me NMI IN
I .11 1
Written Communication:
Report dated October 7, 1997 from the Director of Engineering and Building stating that bids
were opened on September 9, 1997 for Preventative Street Maintenance, which includes the
following 5 projects: (1) rehabilitation of Peppertree Bend, (2) removal and replacement of
deteriorated pavement and an asphalt concrete overlay in the Mission Hills Ranch area; (3)
installation of drain pipes in Silver Creek Drive; (4) reconstruction of the bike trail on the
south side of Calle Arroyo between La Novia and Paseo Tirador; and, (5) and an additive
alternate to install drain pipes to intercept ground water along the east side gutter in Rancho
Viejo Road south of Golf Club Drive. The low bidder, Excel Paving Company, had requested
to be relieved of its bid and have its bid bond returned due to a bid error. The Report
recommended award of the bid to the second low bidder and authorization to return the bid
bond. The Report further recommended approval of additional funding for the raising of
water valve boxes and sewer manhole covers to grade.
Budget Amendment and Award of Contract:
It was moved by Council Member Jones, seconded by Council Member Greiner and
unanimously carried to:
Award the contract for Preventative Street Maintenance 1997-98 to the second
lowest bidder, All American Asphalt in the amount of $325,984.30 and to reject all
other bids. Authorize the Mayor and City Clerk to sign the contract on behalf of the
City. Relive the low bidder, Excel Paving, of its bid due to a bid error, and authorize
the City Clerk to return the bid bond.
2. Provide an additional $6,000 in project funding from the Water District Concrete and
Pavement Services Fund for raising of 31 valve boxes to grade following resurfacing;
and $4,500 from the Sewer Fund to raise 26 City sewer manhole covers to grade.
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331
2. CONSIDERATION OF ALL -WAY STOP SIGN INSTALLATION AT CAMINO
' LA RONDA AND VIA PUNTERO AND SPEED BUMP INSTALLATION ON
CAMINO LA RONDA EAST OF VIA FIERRO (590.50)
Written Communications:
(1) Report dated October 7, 1997 from the Director of Engineering and Building,
forwarding a request from residents for an all -way stop sign at Camino La Ronda and
Via Puntero, and a recommendation from the Transportation Commission to install
speed humps adjacent to the equestrian crossing on Camino La Ronda.
(2)
Letter dated September 30, 1997, from Diane Dokos, 27791 Camino La Ronda,
requesting installation of an all -way stop sign at Camino La Ronda and Via Puntero,
installation of speed humps at the equestrian crossing and/or an all -way stop sign at
Via Fierro and Camino La Ronda, reduction of the speed limit to 25 mph and police
enforcement. The letter included a proposed traffic control plan, and, additional
letters of support and copies of 105 postcards in support of the stop sign which had
been previously submitted to the City under date of September 11, 1996.
(3)
Petition in support of installation signed by 10 residents of the Los Corrales and Toll
Brothers Tracts, with an additional 13 signatures received at the meeting.
(4)
Letters dated October 3, 1997 in support of installation from-
E.B. Vaughters, 31922 Via Montura
W. Welch, 28261 Via Rueda
'
Rebecca Gaynor, 31952 Via Montura
Lauren Horn, 31871 Via Montura;
(5)
Telephone message dated October 7, 1997 from MaryAnna Callies in support of
installation;
(6)
Memorandum dated October 3, 1997 from Jonathon E. Ericson, Ph.D. and William T.
Dokos in support of installation; and
(7)
Letter dated October 6, 1997 from Steve Hall, 27901 Via Estancia in support the of
stop sign installation.
Mr. Huber made an oral presentation in which he advised that the original request for such
an installation had been made approximately a year ago. At that time, appropriate studies
were made and it was determined that stop signs were not warranted. The request was
denied. In June 1997, the request was resubmitted. The application was heard by the
Transportation Commission. At that time, staff reviewed existing and projected conditions
following completion of the Toll Brothers project. Using the City Council policy adopted in
1996 and State guidelines, it was determined that the criteria for installation of stop signs was
not met and a recommendation of denial was made to the Transportation Commission. The
Transportation Commission voted to support the application and included a recommendation
' to install speed humps on Camino La Ronda at the equestrian crossing. Mr. Huber advised
that staff did not support the speed hump request due to safety reasons and lack of
City Council Minutes -11- 10/7/97
332
neighborhood notification. In addressing the request for reducing speed limits to 25 mph,
Mr. Huber noted that pursuant to State law Camino La Ronda was not considered a
residential street and in order to set speed limits, radar surveys had been done. The 85th
percentile speed was approximately 37.7 mph; however, staff felt that due to curves and
residents' concerns with speeding a speed limits of 30 mph was the lowest that could be
justified.
Public Comments:
Residents provided a drawing of the area to demonstrate the location of their residences and
areas of concern.
1. Diane Dokos, 27791 Camino La Ronda, advised that the request had been
precipitated by an accident in front of her home in February 1996. The speed of
traffic continued to be dangerous and problems were escalating. She noted that 105
residents had signed a Petition in 1996, and read to the Council the plan proposed by
the residents, including installation of stop signs, speed bumps and signage, reduction
in speed limit to 25 mph and increased enforcement and a City -enforced ban on
construction traffic on Camino La Ronda from the Toll Brothers development.
2. Robert Eppers, 27832 Via Estancia, noted that he personally had been involved in
several near misses while making left turns onto Camino La Ronda. He indicated that
on June 18, 1991, residents had been promised stop signs, which had never been
installed. He reminded Council Members that the street contained blind turns and was
used as a shortcut by some traffic and that the criteria designated in the City Policy
do not apply; that this area had special circumstances to be taken into consideration;
and, that the current situation represented a liability to the City.
3. Jonathan Ericson, Ph.D, 27842 Via Estancia, provided additional copies of the
attachments to his October 3, 1997, memorandum, and discussed statistical data
relating to stopping distances for various speeds and street conditions and sight
distance concerns.
4. John Gourlay, 28101 Camino La Ronda, advised the Council Members that he had
first-hand knowledge of the dangers of traffic on this street, noting that on at least
three occasions speeding vehicles had driven on to his property and a visitor to his
residence had had a car damaged. He noted that the area was used by many
pedestrians and equestrians who have experienced near misses. He urged that the
Traffic Commission recommendation be supported in order to prevent an accident
that could be caused by the incline of the street and lack of buildings to assist a driver
in judging speed.
5. Davis Goodman, 28281 Via Rueda, told the Council Members of a near accident
experienced by his family and noted that residents have offered several solutions but
felt that the City was not responding with any solutions of its own. He felt the two
problems were the lack of sight distance and the speed on the street and appealed that
City Council Minutes -12- 10/7/97
333
something be done to slow the traffic. He urged Council to uphold the Traffic
Commission recommendation.
6. Nina Payne, 31851 Via Puntero, had submitted a request to speak to this issue but did
not respond when called upon.
Robert Scott, 320 Pine Avenue, Long Beach, advised that he had been retained by the
residents and had, in turn, retained a traffic expert to review the street. The traffic
expert had offered the opinion that the City criteria did not apply to this street; special
conditions, such as design of the street and the long downhill stretch, exist.
8. Sophia Roche, 27811 Camino La R onda, spoke of her concern for the safety of her
family, both while walking in the area and while driving and entering and exiting her
driveway.
9. Roger France, 28102 Camino La Ronda, indicated that his home was on the curve of
the roadway, and spoke with particular regard to equestrian concerns. He stated that
he, and other horse owners, frequent the trail that crosses Camino La Ronda and both
horses and riders are put at risk by speeding traffic.
10. Trevor T. Dale, 27781 Camino La Ronda, spoke on the issue of construction traffic
using Camino La Ronda. He stated that a 1991 agreement provided for construction
traffic to be banned from Camino La Ronda but that agreement was not being
enforced. The City Manager explained that the agreement applies only to heavy
construction traffic of the developer, not to individual worker's vehicles or small
business contractors hired by homeowners for on-site improvements.
11. Paul Shapiro, 31861 Via Montura, stated that his street was above the S-curve and
that speeding traffic on Camino La Ronda tended to speed onto the side streets also.
He felt that the proposed stop signs alone would not solve the speed problem; speed
bumps were also needed.
12. Tom Tomlinson, 28002 Camino Santo Domino, spoke as a private citizen who had
lived in the area for 17 years and noted that his home backs onto Camino La Ronda.
He advised that he had observed all the problems raised but suggested consideration
of an additional stop sign at the San Remo/Camino La Ronda intersection.
13. Arnold Adicoff, 28251 Via Rueda, spoke in opposition to the use of speed humps
noting that for people with health problems, speed humps could aggravate pain and
discomfort. He suggested that much of the speeding problem was caused by teenage
drivers, construction workers and new residents in the area. He felt the best solution
was increased, random enforcement.
City Council Minutes -13- 10/7/97
334
Council Comments:
Council Member Hart advised that he met with residents of the area on Sunday and noted
their accommodating and professional handling of the meeting. He spent time walking the
area and felt that, from his observations, a stop sign at Via Puntero was needed due to line
of sight problems. However, he was opposed to the use of speed humps, which he felt were
dangerous and could create additional problems. Although stop signs were not meant for
speed control, he felt that on occasion their use was necessary. He felt, also, that the
construction traffic should be monitored but reiterated that all but the heavy construction
vehicles could use public streets. He stated, as well, that staff should identify the best location
for a second stop sign on Camino La Ronda.
Council Member Jones and Mayor Swerdlin concurred with Council Member Hart, especially
for a second stop sign on Camino La Ronda. Council Member Greiner concurred but warned
that stop signs should not lead to a feeling of security because there are always those who do
not observe the signs.
Adoption of Resolution:
Upon motion of Council Member Jones, seconded by Council Member Hart, the following
Resolution was adopted approving installation of the All -Way Stop Sign; staff was directed
to monitor construction traffic; and staff was requested to identify a location for a second stop
sign on Camino La Ronda.
RESOLUTION NO 97-10-7-3 INSTALLATION OF ALL -WAY STOPS
AT CAMINO LA RONDA AND VIA PUNTERO - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DESIGNATING THE INTERSECTION OF CAMINO LA
RONDA AND VIA PUNTERO AS "ALL -WAY" STOPS
The motion carried by the following vote:
AYES: Council Members Jones, Greiner, Hart, Campbell and Mayor Swerdlin
NOES: None
ABSENT: None
M"IRMAC 1 1 L
Council recessed at 8:55 p.m. and reconvened at 9:08 p.m.
CONSIDERATION OF ELIMINATION OF SIDEWALK ON NORTH SIDE OF
ORTEGA HIGHWAYD• LOS CERRITOS1 RANCHO
IVIEJO ROAD (820,40)
Written Communication:
Report dated October 7, 1997 from the Director of Engineering and Building advising that
conceptual plans for the Ortega Highway widening project had been approved. The
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conceptual plans included slope landscaping and a retaining wall to support the Mission
' Cemetery access. During the detail design of the plans it had become apparent there was
inadequate room to install a sidewalk and still maintain appropriate travel lane geometrics.
The Report forwarded Caltrans' request to consider eliminating the sidewalk.
Approval of Sidewalk Elimination:
Upon motion of Council Member Greiner, seconded by Council Member Jones, and carried
unanimously, the elimination of the sidewalk on the north side of Ortega Highway between
Avenida Los Cerritos and Rancho Viejo Road was approved.
o FARFRUMP
ADDITIONAL ITEM
Additional Item Added for Consideration:
It was moved by Council Member Campbell, seconded by Council Member Hart and
unanimously carried to find that this item had been unavailable prior to publication and
consideration was necessary at this time due to time constraints for planting of the Christmas
Tree in the Historic Town Center Park.
' Written Communication:
Report dated October 7, 1997 from the Economic Development Administrator, advising that
several issues had arisen resulting in delay of the Christmas Tree's installation in the Historic
Town Center Park, including archaeological issues.
Mechelle Lawrence. made an oral presentation, advising that the archaeological findings at
the original location had necessitated written recommendations from archaeologists on how
to respond to the findings. The recommendations would require an expenditure of over
$12,000 to meet City and State requirements for archaeological resources. She recommended
that 10 test pits be dug in the immediate site area to try and find a clear site. If a clear site
cannot be located, then an alternative site in the southeast portion of the park could be
utilized which was near the non -restricted area. She noted that the time frame was limited;
the tree had been boxed for three months and needed to be planted no later than
November 1 st to assure its successful planting.
Council Comments:
Council Member Jones stated support for the originally -designated location, noting that it had
been a conscious choice by the City Council and the provision of the tree at this location
would be a legacy to current time and history. He felt that the concerns could be mitigated
and the site identified as an archaeological site. He stated a willingness to spend the funds if
necessary to place the tree in the chosen site.
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336
Council Member Campbell expressed concern that this community had already spent so much
money on archaeological finds and she did not support spending additional funds to preserve
archaeological finds that were not significant. However, she felt the original location was the
most appropriate location to bring together the future, the present, and the past. She
suggested that the area near the original location be probed to determine if there was a clear
site nearby where the Tree could be planted.
Council Member Greiner indicated that he could support either location but wanted to avoid
spending additional funds; however, his preference would be for the southeast side because
he felt it would be more visible. Council Member Hart concurred and felt that the Tree would
be accepted by the public in the southeast location; that it would very visible and would not
break up the park open area. He noted that efforts had been made to keep space available for
large gatherings and if the Tree were placed in the original site that space would be disrupted.
He further expressed opposition to digging 10 holes in an area that had been recently
landscaped.
Mayor Swerdlin stated that his preference was for the tree to be located where the test hole
had been dug and although it would require an additional expenditure, the Christmas Tree
would be of benefit for many years. He felt that if the alternative site were used, the Tree
might have to be relocated later when the alternative area was to be developed.
Authorization for Tree Planting:
Upon motion of Council Member Jones, seconded by Council Member Campbell, and carried
unanimously, the City Manager was authorized to spend up to $13,000 to locate the tree in
its proximate location; staff will perform some ground probing and if a very nearby site is
found that is clear and would not require expenditure of funds, the Christmas Tree will be
planted in that clear, nearby area.
ORAL REPORTS OF OUTSIDE AGENCIES
a Southeast Reziional Reclamation Authority (1040 60)
Council Member Jones advised that he had been unable to attend the meeting today.
Public Works Director Amy Amirani advised that she did attend; the golf course issue
had been resolved and the Capistrano Beach issue was discussed.
b. Leaizue of California Cities (140.20
Council Member Greiner advised that he, together with the Mayor and City Attorney,
would be attending the annual conference in San Francisco on October 12-14, 1997.
Orange County Joint Fire Authority (540,80
Council Member Greiner announced that Chip Prather, Acting Director, had been
selected as the new Director of the Orange County Fire Authority.
City Council Minutes -16-
10/7/97
337
d. Joint Powers Insurance Authority(170.30)
Mayor Swerdlin reported that he had attended a seminar on Risk Management in
Santa Barbara and had, upon his return, briefed the City Manager and City Attorney.
COUNCIL COMMENTS
Council Member Greiner expressed his concern at the adverse visual impact of the train trestle
bridge over San Juan Creek. Staff advised that they would prepare a letter to Amtrak
requesting repainting.
2. TRAFFIC TICKET REVENUES (330.10)
Council Member Greiner noted that a bill had been passed by the State returning traffic ticket
revenues to the City. He asked if the amounts to be received were known and what
restrictions, if any, were placed on the use of the funds. The Administrative Services Director
advised that the County was meeting tomorrow and would advise the City by the end of the
week as to the percentages involved. Any funds would be General Fund Revenue with no
restrictions on use.
3. SENIOR PROGRAMS AT COMMUNITY CENTER (595.40)
Council Member Greiner stated that he had been informed that there was a possibility that the
Nutrition Program might not be moved to the Community Center. Staff advised that
decisions on programming will be made by the City Council and it was hoped to place
programming on the agenda in December.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:40 p.m. to the
next regular meeting date of Tuesday, October 21, 1997, at 5:00 p.m., in the City Council Chambers.
Respectfully submitted,
CHERYL JO SON, CITY CLERK
ATTEST:
Z
DAVID M. SWERDLIN, MAYOR
City Council Minutes -17- 10/7/97