96-0416_CC_Minutes_Regular Meeting124
APRIL 16, 1996
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Hart at 7:05 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Doran Tregarthen of St. Margaret of
Scotland Episcopal Church.
ROLL CALL: PRESENT: Wyatt Hart, Mayor
David M. Swerdlin, Mayor pro tem
Collene Campbell, Council Member
Gil Jones, Council Member
Carolyn Nash, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; William M.
Huber, Engineering and Building Director; William Ramsey, Senior Planner; Joe Arranaga, Public
' Lands and Facilities Director; Al King, Jr., Community Services Director; 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 Nash, and unanimously
carried that all Ordinances be read by title only.
. 1 1
Written Communication:
Report dated April 16, 1996, from Carole Jacklin, Council Services Administrator,
forwarding a recommendation to present Albert F. Simmons with the 1996 John R. Williams
Public Service Award in recognition of his dedicated efforts on behalf of the residents of San
Juan Capistrano.
Mayor Hart noted that Mr. Simmons was in the hospital and could not be present to receive
his award. The award will be presented to Mr. Simmons at a future meeting,.
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Mayor pro tem Swerdlin introduced the following Commission representatives in attendance:
John Greiner, Bill Sonka, and Roy Nunn (Planning Commission), Ed Johnson (Mobile Home
Park Review Committee), Bill Sonka (Transportation Commission), Kathy Holmes and
Pauline Leonard (Parks, Recreation, and Equestrian Commission), Bill Hardy and Don Tryon
(Cultural Heritage Commission), Tom Facon, Ed Laurie, and Brian Baldridge (Chamber of
Commerce), and former Mayors Dr. Ken Friess and Larry Buchheim.
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None.
/
It was moved by Council Member Jones, seconded by Council Member Campbell, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
APPROVAL OF • IMINUTES REGULAR MEETING OF
MARCH 19,1996
The Minutes of the Regular Meeting of March 19, 1996, were approved as submitted.
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The List of Demands dated March 27, 1996, in the total amount of $711,498.95 was received
and filed.
The City Treasurer's Report of Investments as of March 31, 1996, in the total amount of
$9,436,121.75 was received and filed.
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The Report dated April 16, 1996, from the Planning Director, advising that no new
development applications were received by the City since the last report of March 19, 1996,
was received and filed.
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As set forth in the Report dated April 16, 1996, from the Engineering and Building Director,
the following Resolution was adopted approving the submission of applications for the 1996-
97 Measure M Signal Improvement Program for the following three projects: 1) installation
of pre-empt equipment at traffic signals adjacent to railroad crossings; 2) addition of four
traffic signals to the City's traffic signal coordination system and replacement of a master
controller; and 3) installation of a traffic volume detector system to enhance the operation of
the City's traffic signal interconnect system:
RESOLUTION NO, 96-4-16-1. APPROVING SUBMISSION OF
APPLICATIONS FOR THE 1996-1997 MEASURE M SIGNAL
IMPROVEMENT PROGRAM - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING SUBMISSION OF APPLICATIONS FOR THE 1996-1997
MEASURE M SIGNAL IMPROVEMENT PROGRAM
The estimated costs for all three projects are $119,800. If the City is successful in receiving
the funds for all three projects, the required 20% match will be $23,960.
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As set forth in the Report dated April 16, 1996, from the Engineering and Building Director,
the following Resolution was adopted:
(l) Assigning a portion of the Subdivision Improvement Agreement obligation from
Kemper to Toyota for off-site improvement requirements associated with Parcel Map
85-306;
(2)
Accepting the Irrevocable Letter of Credit from Toyota for $275,040 for off-site
improvement requirements;
1(3) Reducing Kemper's existing $764,000 bond by $275,040, for a revised bond of
$488,960;
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(4) Amending the Subdivision Improvement Agreement for Final Parcel Map 85-306,
Rosan Ranch; and
(5) Excluding Toyota from Condition No. 1 of Resolution No. 86-5-6-3 of Tentative
Parcel Map 85-306 regarding coverage by CC&R's:
RESOLUTION NO. 96-4-16-2. APPROVING PARTIAL ASSIGNMENT
OF IMPROVEMENT AGREEMENT. BOND SUBSTITUTION.
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT,
AND EXCLUSION OF TOYOTA MOTOR SALES U.S.A.- INC. FROM
CC&R'S IMPLEMENTATION (KUFKLA RANCHO REALTY.
LLC/KF_MPER/TOYOTA) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE PARTIAL ASSIGNMENT OF IMPROVEMENTS AND
SURETY SUBSTITUTION, THE AMENDMENT OF SUBDIVISION
IMPROVEMENT AGREEMENT, AND THE EXCLUSION OF TOYOTA
FROM CONDITIONS, COVENANTS AND RESTRICTIONS
IMPLEMENTATION REQUIRED FOR TENTATIVE PARCEL MAP 85-
306 (KI/FKLA RANCHO REALTY, LLC/KEMPER/TOYOTA MOTOR
SALES USA)
The Mayor was authorized to execute the Partial Assignment of Improvement Agreement and
the Amendment to Subdivision Improvement Agreement on behalf of the City. The approvals
will not be effective until transfer of the property from Kemper to Toyota is complete.
The Claim for Damages filed by Richard A. Cohn of the law offices of Wylie A. Aitken on
behalf of Terry D. And Thomas A. Melum was denied in its entirety, as set forth in the Report
dated April 16, 1996, from the City Attorney.
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The Claim for Damages filed by Richard A. Cohn of the law offices of Wylie A. Aitken on
behalf of Kay Lieb, Sandy Porter, and Caroline Bauer was denied in its entirety, as set forth
in the Report dated April 16, 1996, from the City Attorney.
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Proposal:
Consideration of a request from Mr. Stanley Stanbridge to release him from Conditions 4c
and 4e of City Council Resolution No. 90-8-7-3. Condition 4c required landscaping to be
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its
installed within the property subdivided via Parcel Map 88-396, which consists of a three -lot
subdivision located at the southwest corner of Paseo Christina and San Juan Creek Road,
Condition 4e required the subdivider to enter into an agreement and submit a $14,700 surety
bond to ensure the landscape installation.
Applicant:
Mr. Stanley Stanbridge
31431 Paseo Christina
San Juan Capistrano, CA 92675
Written Communication:
Report dated April 16, 1996, from the Engineering and Building Director, recommending that
the applicant's request to eliminate the two conditions of approval be approved. The Report
included a memorandum from the Planning Director advising that the access easements had
been removed and the fencing had been relocated to the property boundaries. Relocation of
the fencing resulted in the property being included within an active horse pasture.
Mr. Huber made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
' Adoption of Resolution Rescinding Conditions 4c and 4e of CC Resolution No.
90-8-7-3:
It was moved by Council Member Jones, seconded by Council Member Nash, that the
following Resolution be adopted:
CHRISTINA) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, RESCINDING
CONDITIONS OF APPROVAL 4c AND 4e OF RESOLUTION 90-8-7-3,
RELATING TO INSTALLATION OF LANDSCAPING, AND RELEASE
OF SURETY (TENTATIVE PARCEL MAP 88-396/STANBRIDGE)
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
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1
Council recessed at 7:13 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:17 p.m. as the City Council.
ADMINISTRATIVE ITEMS
CITY MANAGER
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DEVELOPMENT C••' OR (700.20)
Written Communication:
Report dated April 16, 1996, from Julia Kimminau, Management Assistant, recommending
that 1) the City's Personnel Classification and Compensation Plan be amended to create the
position of Economic Development Coordinator with the same salary range as Associate
Planner, and 2) Mechelle Lawrence, Associate Planner, be reclassified to Economic
Development Coordinator. The Report advised that the reclassification was requested to
reflect the new duties assumed by Ms. Lawrence as the principal staff member assigned to
general economic development programming for the City after the departure of Cassandra
Walker, Community Development Administrator.
Adoption of Resolution Amending theCity's Personnel Classification and
Compensation Plan to Create the Position of Economic Development Coordinator:
It was moved by Council Member Nash, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO 96-4-16-4. AMENDING RESOLUTION NO,
94-12-6-5 THE ITY'S PERSONNEL CLASSIFICATION AND
COMPENSATION PLAN - ECONOMIC F.VELOPMENT
COORDINATOR - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
RESOLUTION NO. 94-12-6-5, THE CITY'S PERSONNEL
CLASSIFICATION AND COMPENSATION PLAN, TO CREATE A NEW
CLASSIFICATION - ECONOMIC DEVELOPMENT COORDINATOR
The motion carried by the following vote:
City Council Minutes
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
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Authorization to Reclassify Mechelle Lawrence:
' It was moved by Council Member Jones, seconded by Council Member Nash, and
unanimously carried that Mechelle Lawrence be reclassified to Economic Development
Coordinator.
2. REQUEST FOR FUNDING OF DIRECTORY PUBLICATION (CHAMBER OF
• M (130,30)
Written Communication:
Report dated April 16, 1996, from Mechelle Lawrence, Associate Planner, advising that the
Chamber of Commerce had requested $4,000 from the City to assist the Chamber with its
effort to expand the number of Annual Directories printed and distributed. The Report noted
that the City's funding would allow the Chamber to distribute the Directory to all households
in the City. The Report recommended the request be partially approved in the amount of
$2,500 for the second printing of the Chamber's Annual Directory.
Public Comments:
(1) Ed Laurie, President of the Chamber of Commerce, explained that the additional
printing of the Chamber's Directory would allow distribution to all households in the
City. He concurred with staff s recommendation for a $2,500 contribution.
(2) Tom Facon, Executive Director of the Chamber of Commerce, also spoke in support
' of the staff recommendation. He expressed appreciation to the City for their support
and leadership with regard to the Business Task Force and the Shop & Dine San Juan
program. He felt that the distribution of Directories to all households would provide
residents with a needed resource, resulting in an increase in sales tax revenues to the
City by promoting local businesses.
Council Member Jones noted that in the past he advocated that the Chamber stand on its own
financially, which it has been able to do for the past year. However, he felt that the Directory
would be the best promotion for the Shop & Dine San Juan Program and recommended that
the City's contribution be increased to $4,000, as originally requested by the Chamber. He
stated that the additional $1,500 could be used to enhance the Directory to benefit businesses
in the City. He suggested that the additional funds could be reallocated from monies
budgeted to construct the City's Swallow's Day Parade float. Council Member Nash felt the
additional funding should be allocated from Community Promotions. The City Manager
advised the additional funding would be allocated from unallocated reserves.
Authorization to Contribute Funding for the Second Printing of the Chamber's Directory:
It was moved by Council Member Jones, seconded by Council Member Nash, and
unanimously carried that a total of $4,000 be contributed to the Chamber of Commerce to
cover printing and distribution costs for their Annual Directory. Staff was authorized to
appropriate $2,500 from the 1995-96 Community Promotions Account and $1,500 from
I
unallocated reserves to the Community Promotions Account to cover the costs authorized
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AMENDMENT TO TITLE 4. CHAPTER 7 OF THE MUNICIPAL CODE -
REGULATION OF VENDORS (585.10)
Written Communication:
Report dated April 16, 1996, from the City Attorney recommending that an Ordinance be
introduced amending Title 4, Chapter 7 (Vending Regulations) of the Municipal Code to:
(1) Establish time limits and locations for vending, with specific locations marked for
licensed vendors during vending hours;
(2) Place responsibility for monitoring the activities of all operators and drivers upon the
holder of each vendor permit and require all participants in the vending operation to
have identification and background checks;
(3) Place a limit on the number of vendor permits issued by the City at any one time;
(4) Place responsibility upon vendors for trash cleanup within 25 feet of a vending
vehicle;
(5) Clarify that convictions of violations are infractions with escalating fines, leading to
suspension; and
(6) Provide for an appeal process to the City Manager for permit denials and suspensions.
Mr. Denhalter advised that agreement on the proposed Ordinance had been reached in court
this date.
Council Member Campbell commended the efforts of the City Attorney and the City Manager
in their successful negotiations with vendors regarding the provisions in the Ordinance.
Introduction of Ordinance Amending Title 4 Chapter 7 (Vending Regulations) of
Municipal Code:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Jones, seconded
by Council Member Swerdlin, that the following Ordinance be introduced:
City Council Minutes
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REGULATION OF VENDORS - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 7 OF
TITLE 4, VENDOR REGULATIONS, OF THE MUNICIPAL CODE
RELATING TO STANDARDS AND REGULATIONS ON THE
CONDUCT OF VENDING IN THE CITY OF SAN JUAN CAPISTRANO
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The motioa_carried by the following vote:
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AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
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COMMUNITY CENTER DESIGN UPDATE (210.40)
Written Communication:
Report dated April 16, 1996, from the Engineering and Building Director, forwarding a status
report on the progress of the design stage for the new Community Center.
Mr. Huber advised that the design work for the Community Center was being moved along
as quickly as possible, noting that the worksession scheduled for May 14 may be moved up
to May 9. He stated that a funding plan for the expansion of Phase I would be agendized for
Council consideration at a meeting in May.
Leason Pomeroy and Glenn Carels of LPA, the architectural team for the design of the
' Community Center, reviewed the status of the project to date and gave a slide presentation
showing examples of architectural themes with rural character, preliminary drawings for the
Community Center, and an updated site plan.
The Report was received and filed.
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Written Communication:
Report dated April 16, 1996, from the Community Services Director, recommending that the
proposed Joint Facilities Use Agreement between the City and the Capistrano Unified School
District be approved for the Marco Forster athletic facilities, subject to adoption by the
School Board. The proposed Agreement included provisions to 1) eliminate the City's
responsibility for maintenance and usage associated with the Marco Forster tennis courts; and
2) outline shared maintenance responsibilities and coordination of the soccer, softball, and
football fields, as well as the basketball courts and restrooms.
Mr. King made an oral presentation. He advised that the Parks, Recreation, and Equestrian
' Commission recommended approval of the Agreement at their meeting of April 15, 1996.
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Public Comments:
(1) Roy Nunn, representing AYSO, spoke in support of the proposed Agreement. He
noted that AYSO is currently working with the School District and the City to
contribute funds for the refurbishment of the fields at an estimated cost of $46,000.
He expressed appreciation to the City and the School District for their cooperation.
Approval of Joint Maintenance/Use Agreement Between City and School District.
Marco Forster Fields:
It was moved by Council Member Swerdlin, seconded by Council Member Jones, and
unanimously carried that the Joint Facilities Use Agreement between the City and the
Capistrano Unified School District be approved for the Marco Forster athletic facilities for
a ten-year period commencing April 22, 1996, subject to adoption by the School Board. The
Mayor was authorized to execute the Agreement on behalf of the City.
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Written Communication:
Report dated April 16, 1996, from the Community Services Director, recommending that 1)
the proposed Administrative Policy be approved governing uses for the City's athletic fields,
and 2) the Resolution be adopted establishing rental fees for use of the City's athletic fields.
The Administrative Policy addressed issues such as priority of use, hours of operation,
evening light usage, the use of amplification, procedures for inclement weather, field
maintenance responsibilities, general rules and conditions, and fees.
Mr. King made an oral presentation. He noted concerns expressed by residents at the
February 20, 1996, Parks, Recreation and Equestrian Commission meeting focused on
evening hours of operations at the Sports Park and the use of amplification. He discussed
the Commission's response to those concerns. In response to concerns previously expressed
by Council Member Nash regarding the potential for adverse noise impacts from amplification
at the new Sports Park, and her suggestion to install a safety screen to prevent stray soccer
balls from reaching Camino Del Avion., Mr. King recommended staff be directed to conduct
an acoustical sound test prior to the formal opening of the Sports Park and return to Council
with recommendations for acoustical standards and requirements; and, to return with
recommendations regarding safety netting.
Public Comments:
(1) Darlene Hopkins, 258841 Avenida Cabrillo, expressed concerns regarding potential
impacts to the neighborhood from people loading up their vehicles and leaving the
Sports Park on those nights when play is permitted until 10:00 p.m. She emphasized
the Park's unusually close proximity to homes and suggested that residents be
informed as to which nights play will be permitted until 10:00 p.m. She also
suggested that 10:00 play nights be limited to weekends so as not to impact residents
having to get up early in the morning. She inquired as to who would monitor the
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noioeaevels at the Sports Park, particularly during the evening hours, and how
violations would be enforced. She suggested that amplification impacts be monitored
during different times of the evening, such as at 5:00, 7:00, and 9:00 p.m. She
requested that staff respond to her concerns.
Mr. King clarified that the schedule of actual usage times had not yet been determined, noting
that field play might end earlier during certain seasons of the year. He advised that the Parks,
Recreation, and Equestrian Commission recommended that all youth programs at the Park
terminate by 9:00 p.m. and lights turned off at 9:30 p.m., allowing for one-half hour for
loading up equipment and leaving. In addition, the Policy requires all adult use programs to
terminate by 9:30 p.m., with lights turned off at 10:00 p.m. He stated that staff will notify all
sports groups of these restrictions. Regarding monitoring of the Sports Park, he advised that
staff would monitor the activities and continue to communicate with sports groups'
representatives and residents in the area for feedback. With regard to amplification, he
advised that the proposed Policy would restrict permitted amplification to no later than 6:00
p.m.; limit its use limited to certain ceremonies, occasional tournaments, City -sponsored
special events, and announcements of players (but not play-by-play announcing). He noted
that amplification will be permitted after 6:00 p.m. during special City events.
Mayor Hart suggested that residents be notified of the dates when City -sponsored special
events take place.
' (2) John Ingram, 25951 Avenida Cabrillo, noted that residents have always been
concerned about the potential for noise and lighting impacts from the Sports Park.
He urged that the City assist in lessening the impacts on residents who must get up
early in the morning.
(3) Roy Nunn, representing AYSO, expressed appreciation to Mr. King and his staff for
their efforts in developing.the proposed Policy. He noted that AYSO is a youth
organization that usually finishes their play at 9:00 p.m. He expressed appreciation
that the lights will be turned off automatically rather than manually to ensure that they
are off at 9:30 p.m. sharp. He encouraged the City to enforce its policy regarding
usage of the fields to prevent overuse of the fields by people who have not obtained
permission. He advised that AYSO does not use amplification and anticipated that
the other sports organizations would have minimal usage of amplification. He noted
that City staff has strongly discouraged the use of amplification during games.
Mayor Hart noted that the Policy requires that use of amplification must be approved by the
City.
Council Member Jones inquired as to how many days the Marco Forster fields are used and
how they will be maintained. Mr. King advised that the fields are used every day during
soccer season. He stated that his staff would work with the Public Lands and Facilities
' Department to develop a schedule for use of the fields, including "rest periods" to maintain
and restore the fields to prevent overuse and deterioration of the fields. With regard to
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residents' concerns with numerous vehicles leaving the Sports Park at night, Council Member
Jones suggested that sports organizations be encouraged to exit onto Alipaz Street because
of its lesser impacts on residents. He also recommended that all field play, whether youth or
adult, terminate at 9:00 p.m. each night, with lights off at 9:30.
Council Member Nash recommended that Priority 42, Field User Classifications, of the
proposed Administrative Policy be modified to have sports groups located in San Juan
Capistrano instead of "based" in the City. She noted that although AYSO has its corporate
offices outside of the City, many of their players are San Juan Capistrano residents. With
regard to requiring at least 51% of the participants to be residents of San Juan Capistrano,
she felt that the Policy should be modified to verify residency prior to the first use of the
facility each year instead of the arbitrary "upon request" language proposed. With regard to
lighting, she felt that discussions with Parks, Recreation, and Equestrian Commissioners
revealed that the intent of the Commission's recommendation was to limit the lighting to only
five nights per week. She felt that leaving the lights off one or two nights per week, including
Sunday night, would be appreciated by the residents living close to the Park. She was unsure
whether the wording in the Staff Report clearly outlined all of the procedures to adequately
address the concerns of the residents. She recommended that an acoustical engineering study
be conducted to ensure that the surrounding residential neighborhood would not be impacted
by sound, including the direction and placement of speakers, as noted in the Environmental
Impact Report adopted for this project. Regarding her suggestion to install safety netting to
prevent stray soccer balls from reaching Camino Del Avion, she recommended that Rule #9,
General Rules and Conditions of Field Use, be modified to require the netting and poles to
be taken down and stored each night.
Council Member Swerdlin inquired how the proposed Policy compared with those of other
cities. Mr. King advised that staff contacted those surrounding agencies which had sports
parks, and certain provisions from their policies were incorporated into the one proposed.
He noted that the Policy also incorporated some existing policies for the Marco Forster fields.
He felt that potential impacts from fighting, e.g. glare and light spillage, were addressed in the
design of the lighting system for the Sports Park. With regard to amplification, most of the
use restrictions imposed by other cities were consistent with the ones in the proposed Policy,
including requiring prior approval for amplification. Council Member Swerdlin inquired
whether amplification could be used seven days per week. Mr. King explained that staff
considers scheduling for the Sports Park on a seven -day -per -week basis; however, that does
not imply that events are routinely scheduled each day of the week. He felt that the schedule
would prevent overuse of the fields and lessen impacts on residents. He noted that staff
prefers that the fields not be used on a daily basis each week.
Council Member Swerdlin inquired as to how many "rest periods" the fields would receive
each year to prevent overuse and deterioration. Mr. Arranaga stated that the maintenance
contract for the Sports Park included the reseeding, possibly sodding and aeration of the turf
at the times the fields are closed for maintenance; that depending on the amount of use and
the breaks between seasons there would be several rest periods per year of four to six weeks
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at a time. =Mr. King advised that staff would work to achieve a balance between use, the
' needs of the sports groups and a maintenance program that will preserve the fields.
Mr. King advised Council Member Jones that the Marco Forster fields would be under the
proposed program. Council Member Jones suggested that adult games ending at 9:30 p.m.
be played at the Marco Forster fields instead of at the new fields to reduce impacts on
residents. In response to Council Member Nash, Mr. King noted that both the Sports Park
fields and the Marco Forster fields could be used as much as seven days per week and that
lights might be used at both sets of fields at the same time.
Council Member Nash suggested that issues regarding amplification, safety netting, "located"
vs. "based language," and verification of residency requirements be removed from the Policy
at this time so that staff could provide clarification and recommendations to the Council for
consideration in the future. Mr. King noted the need to establish the registration process at
this time and recommended that the verification of residency requirement be modified at this
time, as suggested by Council Member Nash.
Council Member Swerdlin recommended that the suggestion to turn off lights at 9:30 p.m.
for both adult and youth games be addressed after the Park opens. Mr. King noted that the
schedule for viewing the lights prior to the opening of the Park will be brought back to the
Council at a future date. Council Member Campbell felt that the 9:30 time limitation for the
lights should be included in the Policy since the time can always be extended if necessary.
' Approval of Administrative Policy Governing Uses for the City's Athletic Fields:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that the Administrative Policy entitled "Athletic Fields Reservation, Use
Regulations, and Fee Schedule" be approved, as modified, except for the following issues:
amplification, safety netting, and clarification of "located" vs. "based" for sports groups.
Those issues were withdrawn and Staff was directed to address those issues separately and
bring them back for Council consideration at a later date. The Policy was modified as
follows:
(1) Priority #2, Field User Classifications, regarding Verification of residency, and any
other occurrence of this requirement in the Policy, was modified to require
verification of 51 % residency for participants prior to the first use of the fields each
year.
(2) The section on Night Lighting was modified to require that lights be turned off no
later than 9:30 p.m. for both adult and youth play.
Staff was directed to consider comments and neighborhood concerns regarding lighting, field
use and time limits following opening of the Sports Park for possible adjustment to the field
use schedule.
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Adoption of Resolution Establishing Rental Fees for Use of theCity's Athletic Fields:
It was moved by Council Member Jones, seconded by Council Member Campbell, that the
following Resolution be adopted:
RESOLUTION NO, 96-4-16-5. ESTABLISHING RENTAL FEE FOR
CITY ATHLETIC FIELDS - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING NEW RENTAL FEES FOR CITY ATHLETIC
FACILITIES AND AMENDING RESOLUTION NO. 92-2-18-8
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
I 41 '.1 1 •.1 1
Written Communication:
Report dated April 16, 1996, from the Community Services Director, recommending that the
proposed Administrative Policy be approved and implemented immediately outlining
procedures for responding to public requests for fee reductions and/or waivers for the rental
of City facilities. The proposed Policy would grant the Community Services Director the
authority to authorize up to a 50% waiver of fees, and would grant the City Manager the
authority to authorize up to a 100% waiver of fees.
Public Comments:
(1) Don Tryon, 27539 Paseo Mamosa, representing the San Juan Capistrano Historical
Society, requested that the City continue to grant a waiver of fees to the Historical
Society for use of the La Sala room at the Library. He noted that the organization has
experienced an increase in expenses and a decrease in donations, and that the fee
waiver would assist the Society financially in being able to ensure the continued
maintenance of the O'Neill Museum and other programs.
Approval of Administrative Policy Governing Uses for Public Requests for Fee
Reductions/Waivers:
It was moved by Council Member Jones, seconded by Council Member Campbell, and
unanimously carried that the Administrative Policy entitled "Public Requests for Fee
Reductions or Waivers for Rentals of City Facilities (i.e. Parks, Buildings and Athletic
Fields)" be approved to define how the public and non -City organizations can qualify for
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reductions Dtu+aivers of City facility rental fees. The Community Services Department was
directed to implement the Policy immediately.
COUNCILMANIC ITEMS
�.. . '0' 0 It 1
a. Orange County Joint Fire Authority (540,80)
Council Member Swerdlin indicated he would report back to the Council regarding
the agency's meeting scheduled for the end of the month.
IIIIIIII!IIIIIIIII MIT! OR III
Council Member Nash noted that the meeting had been canceled and that the
County's landfills seemed to be working satisfactorily.
Council Member Swerdlin noted that the old wooden railroad crossing ties at Verdugo Street
' had been removed and replaced with rubber materials. He felt that the new materials were
a big improvement and recommended that the City negotiate with the railroad representatives
to allow the new ties to be permanent.
Mr. Huber advised that the rubber ties were only supposed to be temporary until wooden
planks were installed. He explained there was a slight difference in using the two materials:
wood ties could be tapered down to the level of the Los Rios Entry Plaza, while the rubber
materials could not. Retention of the rubber materials would require relocating and
reconstructing approximately 4 to 5 feet of the sidewalk area. In addition, the stamped
concrete located on the Depot side of the tracks would be broken up and replaced with
matching materials.
Council Member Campbell expressed concern whether the new materials were compatible
with the historic character of San Juan Capistrano, and Council Member Nash suggested that
this matter be continued for further review. Mr. Scarborough recommended that information
could be provided to the Council in their slots.
Gil Jones, 31791 Los Rios Street, speaking as a citizen, felt that the new materials had no
adverse impacts on the aesthetics of the Los Rios Historic District. He befieved that the new
materials created less noise for residents and were much safer. He noted that Fred Lamb,
coordinator for Metrolink, also preferred the rubberized crossings for safety reasons and
' agreed it was best to make the rubber materials permanent.
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Mr. Scarborough indicated that this matter would be brought back as an agenda item if it
required action by the Council. Council Member Nash preferred the wood ties but agreed to
evaluate the benefits of the rubberized crossing.
r • I LI � � .. �_`• I�I� • . 1 � 1
At the suggestion of Council Member Campbell, it was a consensus of the Council that a
special "get well" message be sent to Al Simmons.
3. MONTANEZ ADOBE (910.50)
Council Member Campbell noted that people seem to be enjoying the Montanez Adobe,
which is now open to the public.
Council Member Campbell noted the four large unattractive boxes located at the intersection
of San Juan Creek Road and Valle Road and inquired whether they were installed as part of
the signal project. Mr. Huber indicated he would investigate and report back.
' '' ■. e • !._•' I ► "•J_ Vim. � _1 _ 11 1�
Council Member Campbell expressed disappointment that the entire water hole previously
used by deer that frequented the area between the freeway and Valle Road had not been
preserved during the grading for the TMC Research & Development project site. She noted
that only one deer has been spotted since that time, instead of the original thirteen. She
recalled that the Council had requested assurance that the path remained open to the water
hole through the TMC project. Council Member Nash also recalled that Council discussion
and noted a similar reference in the Minutes of a Planning Commission meeting. She
requested information regarding options to require TMC to provide access to water for
wildlife in the area.
' I 1 / lu ■M
Council Member Campbell advised that on April 22 and 23 she would address the U.S.
Senate Judiciary Committee regarding a possible U.S. Constitutional Amendment allowing
crime victims to have the same rights as those of criminals.
IC •�• 'a mull
Mayor Hart noted the City's 35th birthday on April 19, 1996.
Authorization to Add Item to Closed Session Agenda:
It was moved by Council Member Jones, seconded by Council Member Nash, and
unanimously carried to find that information regarding the following item was not available
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prior to publication of the agenda and discussion was necessary at this time: Conference with
Legal Counsel, Existing Litigation, per Government Code Section 54956.9(a), for the case
known as City of Lake Forest, et al v. County of Orange.
CLOSED SESSION (610.85)
Council recessed to a Closed Session at 9:00 p.m. for:
1. Conference with Legal Counsel, Existing Litigation, per Government Code Section
54956.9(a), for the case known as Jose Vasquez, etc., et al v. City of San Juan Capistrano
v. Laguna Asphalt;
2. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(6), for significant exposure to litigation in two cases, and Government Code Section
54956.9(c), the initiation of litigation in two cases;
3. Public Employees Performance Evaluations per Government Code Section 54957 for review
of the position of City Manager;
4. Conference with Labor Negotiator per Government Code Section 54957.6, with the City
Manager in discussion with the Classified Employees Unit and the Management Employees
Unit; and
5. Conference with Legal Counsel, Existing Litigation, per Government Code Section
54956.9(a), for the case known as City of Lake Forest, et al v. County of Orange.
' The City Clerk was excused therefrom, and the meeting reconvened at 10:26 p.m.
COUNCIL ACTIONS FOLLOWING CLOSED SESSION
With regard to item #5, Mr. Denhalter advised that the Council unanimously approved a request from
other cities to participate in an appeal of a decision by the court, with the proviso that no funds be
expended for this participation. There was no action to report on any of the remaining items.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:26 p.m. to the
next regular meeting date of Tuesday, May 7, 1996, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
CHERYL JOWSOW CITY CLERK
ATTEST:
t"b a--tf J-
WYATTCLART, MAYOR
City Couneil Minutes -17- 4116196