Loading...
95-1003_CC_Minutes_Regular Meeting385 OCTOBER 3, 1995 ' REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Nash at 7:04 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Arch Rutherford of the Coast Bible Church. ROLL CALL: PRESENT: Carolyn Nash, Mayor Collene Campbell, Council Member Wyatt Hart, Council Member Gil Jones, Council Member David Swerdlin, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney, Cheryl Johnson, City. Clerk; Cynthia L. Pendleton, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Joe Arranaga, Public Lands and Facilities Director; Al King, Jr., Community Services Director; Lt. Paul Sullivan, ' Chief of Police Services; Nancy Bernardi, Recording Secretary. MOTION TO READ BY TITLE ONLY It was moved by Council Member Jones, seconded by Council Member Hart, and unanimously carried that all Ordinances be read by title only. LICIII vttll1 1110] &K. ►k ''_ ►_ �► Written Communication: Report dated October 3, 1995, from the City Clerk, forwarding the Proclamation. Presentation of Proclamation: Mayor Nash read the Proclamation in full. Battalion Chief Buck Henderson accepted the Proclamation and introduced new Division Chief Bill Dean. 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) ' Council Member Campbell introduced the following Commission representatives in attendance: John Greiner (Planning Commission), Ed Johnson (Transportation Commission City Council Minutes -1- 10/3/95 M and Mobile Home Park Review Committee), Bill Sonka (Transportation Commission), Pauline Leonard (Parks, Recreation, and Equestrian Commission), Bill Hardy (Los Rios Review Committee), and Al Simmons (San Juan Seniors Club). INTRODUCTION OF NEW CITY STAFF MEMBERS Mr. Huber introduced two new members of the City staff: Allen Oswald, Senior Traffic Engineer, and Bruce Sharp, temporary Code Enforcement Officer, who began work on June 14 and July 5, 1995, respectively. ORAL COMMUNICATIONS STREET LIGHTS - COUNTRY HILLS ROAD (600.30) Susan Jarvis, 26351 Wildwood Lane, expressed appreciation to staff for revising the plans to relocate the fight standard proposed for the intersection of Country Hills Road and Wildwood Lane. However, she requested that Council reconsider the need for the light because she felt it was not needed and would only provide a small improvement. Scout Master Larry Culbertson and Scouts Jeremy Watkins and Steve Culbertson, representing the Boys Scouts of America, EI Camino Real District, expressed appreciation for the use of the Northwest Open Space site by the Boy Scouts on September 30 and October 1 for their Scouting and Display Campout. • • • • I MURVION1 1 .1 Al Simmons, 32302 Alipaz Street, Space 135, on behalf of San Juan Seniors, Inc., expressed appreciation to the Council and City staff for the waiver of fees for the group's Hoedown on October 21, 1995, from 1:00 to 5:00 p.m. at Descanso Park. He advised that the net proceeds from the event would go to the City's Community Center fund. �9111QI-j► 1' It was moved by Council Member Swerdlin, 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, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None City Council Minutes -2- 10/3/95 387 1. RECEIVE AND FILE WARRANTS OF SEPTEMBER 13.1995 (300.30) ' The List of Demands dated September 13, 1995, in the total amount of $404,366.03 was received and filed. The City Treasurer's Report of Cash Fund Balances for the month of August 1995 in the total amount of $-69,227.72 was received and filed. DENIAL OF CLAIM - INDEMNITY (TAD (170,10) The Claim for Indemnity filed by Laura L. Davidson of Michael Maguire & Associates, legal counsel on behalf of William and Irene Tai, was denied in its entirety, as set forth in the Report dated October 3, 1995, from the City Attorney. The Claim for Damages filed by Donald R. Clinebell, legal counsel on behalf of Wilson, et al', was denied in its entirety, as set forth in the Report dated October 3, 1995; from the City Attorney. ' The following items were removed from the Consent Calendar and considered separately at the request of Council Members Campbell and Jones. MUS1,110• • 11, Lei I a MENE9�,. a ••j It was moved by Council Member Campbell, seconded by Council Member Jones, and unanimously carried that the Minutes of the Regular Meeting of September 5, 1995, be approved with a modification to Page 7, last paragraph, fifth line, to clarify that the proposal to construct a building for housing optics was being considered by the Transportation Corridor Agency. �• . ivr4=1� .. It was moved by Council Member Campbell, seconded by Council Member Hart, and unanimously carried that the Minutes of the Adjourned Regular Meeting of September 8, 1995, be approved as modified to list Council Member Campbell and Mayor Nash in attendance by electronic means. City Council Minutes -3- 10/3/95 388 C. Special Meeting of September 13. 1995 The Minutes of the Special Meeting of September 13, 1995, were approved as submitted. Council Members Campbell and Jones abstained due to their absence at the September 13 meeting. APPROVAL OF PLANS. SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS - INSTALLATION OF TWO STREET LIGHTS ON COUNTRY HILLS ROAD (600.30)/ (1010.80) Written Communication: Report dated October 3, 1995, from the Director of Engineering and Building, recommending that the revised plans and specifications be approved for the installation of two street lights on Country Hills Road. Council Member Jones felt that the proposed installation of a street light at the intersection of Country Hills Road and Wildwood Lane should be reconsidered, particularly since Ms. Jarvis had stated that the Sheriffs Department had indicated there had been no problems that had occurred in that location. Mr. Huber advised that the majority of the residents who responded to the City's survey were in favor of the lighting. He indicated that the current lighting levels were not sufficient and the additional lighting would bring the area up to standard. He noted that the project had been included in the Capital Improvement Project budget, but the City did not have the necessary funding to complete the project at present. Staffs intent had been to proceed with construction in the Spring and evaluate the funding level with the mid -year budget. Noting budgetary constraints, Council Member Campbell felt this project should be a low priority, particularly since the resident who would be affected did not want the lighting. Motion to Delay Decision: It was moved by Council Member Campbell, seconded by Council Member Jones, and unanimously carried to postpone any decision on this item until mid -year budget review, with an indication that the project was a low priority. Proposal: Reconsideration of a rezone to amend the Composite Development Plan for Area D-1 of the Glendale Federal Planned Community located within Tracts 13437 and 13866, approximately h -mile southeast of the intersection of La Novia Avenue and Camino Del Rio. Proposed modifications include newly designed single-family units and a reduction in the previously City Council Minutes -4- 10/3/95 389 approved side yard setbacks from 10 feet on each side to 5 feet on one side and 10 feet on ' the other. A�ollcant: Taylor Woodrow Homes, Inc. Attn: Adrian Foley 24462 Ridge Route Drive Laguna Hills, CA 92653 Written Communication: Report dated October 3, 1995, from the Planning Director, recommending that the hearing be continued to the meeting of October 17, 1995, at the request of the applicant. Continuation of Hearine: Notice having been given as required by law, Mayor Nash opened the Public Hearing. There being no response. It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously carried that the hearing be continued to the meeting of October 17, 1995, at the request of the applicant. su.i o • . t ►l� �;,•:.•/�•+/I. '.1 1 1'1 •\� �\L/_ � • ur Proposal: Consideration of the following applications to construct 112 affordable senior apartments and one single-family residence at the southwest comer of Ortega Highway and Rancho Viejo Road: (1) Density Bonus Permit 95-1 to construct 112 affordable senior apartments. The applicant requested a 25% increase in the allowed density intensity, plus an increased density bonus for a total of 112 units, and financial assistance in exchange for guaranteeing affordability for 92 of the 112 units (with 18 units designated for very low and low income households) for 57 years. (2) Rezone 94-4 to amend Comprehensive Development Plan 78-01 to permit the construction of one single-family residence and modify development standards. The Rezone would permit one 10,000 -square -foot single-family lot along the west property boundary, reduce setbacks from Ortega Highway and Rancho Viejo Road, allow a maximum 30 -foot building height within 50 feet of Ortega Highway, reduce the minimum perimeter landscape area from 30 to 7 feet, and establish a development review process for the single-family residence City Council Minutes -5- 10/3/95 390 (3) Architectural Control 94-5 for review of the site plans, architecture, lighting, landscaping, sign details, and putting greens. (4) Lot Line Adjustment to combine three separate lots into two—one for the senior project and one for the single-family residence. (5) Exception to Numerical and Covered Parking Standards to allow 105 parking spaces instead of the 123 required by the Municipal Code (a reduction of 18 spaces) and to construct non -covered parking. (6) Tree Removal Permit to allow the removal of seven Sycamore trees along the corner of Rancho Viejo Road and Ortega Highway as well as five other trees on site that are dead or decaying. Applicant Kaufinan and Broad Tom Erickson, Project Manager 10990 Wilshire Blvd. Los Angeles, CA 90024 Property Owner: Carlos Romer P.O. Box 520 San Juan Capistrano, CA 92675 Written Communications: (1) Report dated September 19, 1995, from the Planning Director, outlining and _ addressing issues with the project and recommending that the Negative Declaration be certified for the project and that all applications be approved, subject to mitigation measures and conditions of approval. (2) Follow -Up Report dated October 3, 1995, from the Planning Director, addressing the concerns raised at the meeting of September 19, 1995. In response to those concerns, the Report included a revised Resolution containing additional conditions to preserve mature Eucalyptus trees located at the rear of the Forster Mansion and mitigate visual and buffer concerns. (3) Letter dated October 2, 1995, from Margaret Cogdell, Newco Management Company, advising that their concerns regarding access issues have received no response from Kaufman & Broad and expressing the hope that the issues can be resolved shortly. Proposed site plans, building elevations, existing conditions plan, concept development plan, floor plan, and landscape plan were on display. Mr. Tomlinson made an oral presentation and indicated that in response to concerns expressed at the meeting of September 19, 1995, the plans were revised to rotate Building B and limit its height to 16 feet to mitigate visual impacts, preserve the existing Eucalyptus trees, and reposition the proposed single-family residence to prevent the project's visual obstruction of the Forster Mansion and Capistrano Collection. He advised that the following modifications to the draft Resolution were necessary: Finding 2A, the reference to age restriction was deleted; Condition 44, the City Council Minutes 52 10/3/95 391 reference to condition #23 was changed to condition #21; Condition #9 was clarified to state ' that any additional access to Parcel 17 would be at no cost to the applicant; Condition #15, the reference to "prior to issuance of a building permit" was deleted; and Condition #39, the reference to the Eucalyptus trees shall be clarified to indicate those trees at the common property line. Public Hearing: Notice having been given as required by law, Mayor Nash opened the Public Hearing, and the following persons responded: Applicant's Comments: Tom Erickson of Kaufman and Broad, speaking on behalf of Carlos Romer with regard to Condition #37, noted that a 15 -foot -wide buffer area was proposed between the single-family residence and the Forster Mansion to protect views and privacy and requested that the same consideration be given to the single-family parcel. Public Comments: (1) Tom Merrell, planning consultant, representing property owners of Capistrano Collection and the Forster Mansion, stated it was his understanding that the architecture for the proposed single-family residence would be reviewed by the Planning Commission at a noticed public meeting at which adjacent property owners would be able to provide their input; finiher, that the residence's architecture would ' be related to the historic nature of the Mansion and that prospective residents of the senior housing project would be notified of the potential for commercial businesses adjacent to the project. Mr. Merrell stated that the property owners he represented still had concerns that Building B would obstruct views to Capistrano Collection and the Mansion and that the project would create circulation hazards. To mitigate these concerns, he made the following suggestions: 1) Increase Building C and the residential portion of the Recreation Building to three stories and eliminate Building B altogether to provide the same number of residential units; 2) locate the recreational facilities to the corner of the site to further open up views to the existing commercial uses; and 3) condition this project to construct an additional driveway opposite the entrance to the parking garage on the east side of the site. (2) Phillip Charis, owner of the Forster Mansion and the portrait studio located at Capistrano Collection, noted that he had a major investment in the center and preferred that the subject property remain commercial. He recommended that the proposed single-family residence be single -story building only to preserve the views to the historic Forster Mansion. There being no further input, the hearing was declared closed with the right to reopen at any time. City Council Minutes -7- 10/3/95 KRYA Council Discussion: Mayor Nash expressed concern with placing the proposed senior housing units immediately adjacent to one of the busiest streets and intersections in the City. She suggested that consideration be given to switching the recreational facilities with the senior housing units to provide a better living environment for the seniors. She felt that this configuration would fit the lot better, eliminate view impacts, and reduce noise impacts for the seniors. Council Member Jones noted that the configuration had been discussed at the work session with the applicants, who preferred a more central location for the recreational facilities to provide an easier, more convenient access for seniors. He stated that moving the recreational facilities to the intersection of Ortega Highway and Rancho Viejo Road would be a long walk for some seniors. Council Member Campbell concurred with the adjacent property owners' request for an additional driveway and suggested that the request for a single -story residence be further discussed to determine its feasibility. Council Member Swerdlin concurred with the comments by Council Members Jones and Campbell and cited opposition to a third story. Adoption of Resolution Senior Housing Project: It was moved by Council Member Jones, seconded by Council Member Hart, that the following Resolution be adopted, with the following modifications: (1) Finding 2A, delete the reference to age restriction. (2) Condition 94, reference to condition #23 was changed to condition #21; (3) Condition #9, clarify that any additional access to Parcel 17 would be at no cost to the applicant; (4) Condition #15, delete the wording "prior to issuance of a building permit." (5) Condition 939, clarify the reference to the Eucalyptus trees to indicate those trees at the common property line. RESOLUTION NO, 95-10-3-1. CERTIFYING NEGATIVE DECLARATION: APPROVING DENSITY BONUS PERMIT 95-1: REZONE 94-4: ARCHITECTURAL CONTROL 94-5: AN EXCEPTION TO THE COVERED AND NUMERICAL PARKING STANDARDS: AND TREE REMOVAL PERMIT FOR 112 -UNIT AFFORDABLE SENIOR APARTMENTS PROJECT (KALTMAN AND BROAD) — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CERTIFYING A MITIGATED NEGATIVE DECLARATION AND APPROVING: A DENSITY BONUS PERMIT FOR 112 AFFORDABLE SENIOR APARTMENTS; REZONE 94-) TO AMEND COMPREHENSIVE DEVELOPMENT PLAN 78-1 TO PERMIT SINGLE-FAMILY RESIDENCE AND ESTABLISH DEVELOPMENT STANDARDS; ARCHITECTURAL CONTROL 94-5 FOR DESIGN REVIEW; AN EXCEPTION TO COVERED AND NUMERICAL PARKING STANDARDS; AND, A TREE REMOVAL PERMIT (KAUFMAN AND BROAD) City Council Minutes In 10/3/95 393 The motion carried by the following vote: ' AYES NOES ABSENT: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash None None RECESS AND RECONVENE Council recessed at 7:58 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:00 p.m. as the City Council. Ll 1d lid 63 Ni \L. CITY MANAGER • •, • •T• Ll� el•Is/•liCi;�aI:�:I�i'.i� • 1:_Z141 I LOX, Written Communication: Report dated October 3, 1995, from Douglas Dumhart, Management Analyst II, ' recommending that existing freeway signage be modified to assist local businesses, as recommended by the Business Task Force. This item was continued from the meeting of September 5, 1995, so that staff could clarify the reasons for Caltrans' opposition to the 6 of the 18 signs and provide a list of signs to remain, new signs, and sign modifications. The Report advised that six signs were denied because they were not consistent with Caltrans' General Plan Standards. Council Member Campbell expressed concern that it may cause confusion if the identification of San Juan Creek Road is eliminated; she cited objections to shoulder signs. Mayor Nash expressed concern over the proposed sign directing traffic to Camino Capistrano from the current San Juan Creek Road exit, bypassing two other southbound exits that also access Camino Capistrano. She suggested that a shoulder sign be considered stating "Camino Capistrano Next 3 Exits." She was also concerned that the signs had apparently not been reviewed by anyone with traffic expertise and the potential impacts were unknown. Mr. Dumhart stated that although the impacts from the proposed signage were not reviewed in- house, Caltrans' engineers reviewed all of the recommendations for consistency with their policies and regulations. Mr. Huber noted that a preliminary review by the City's Engineering Department determined that Camino Capistrano and San Juan Creek Road could accommodate the additional traffic. Adoption of Resolution Approving Changes to I-5 Freeway Directional Signage: It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the following Resolution be adopted: City Council Minutes -9- 10/3/95 394 RESOLUTION NO, 95-10-3-2_ APPROVING MODIFICATIONS TO FREEWAY DIRECTIONAL SIGNS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CALTRANS' CHANGES TO FREEWAY DIRECTIONAL SIGNS ALONG THE INTERSTATE 5 FREEWAY The motion carried by the following roll call vote: AYES: Council Members Hart, Jones, Swerdlin, and Mayor Nash NOES: Council Member Campbell ABSENT: None Council Member Campbell indicated she voted in opposition because she felt that the City needed to further analyze the potential impacts and problems. • • �._ 1\ li�illillillil• ilill1 • • • • 1 I J •. 11 • • ,1 • ROVER ' � � • Lel lul' ■I,1 • • 1 • • Council Member Jones indicated that he would abstain on this issue due to the proximity of his residence/business to the proposed project. He subsequently left the Council Chamber. Written Communications: (1) Report dated October 3, 1995, from the Planning Director, recommending confirmation of the Planning Director's determination that the general sale of alcoholic beverages is not consistent with the provisions of the HR (Historic Residential) District of the Los Rios Precise Plan. The determination was made in response to an application for a beer and wine permit for the Ramos Cafe located at 31752 Los Rios Street. The owner of the cafe, John Humphries, subsequently filed an appeal. (2) Letter received September 26, 1995, from David Chorak, owner of properties at 31720 and 31742 Los Rios Street, strongly opposing the sale and consumption of alcoholic beverages at this location. (3) Letter dated September 25, 1995, from Carolyn Boyle, 31742 Los Rios Street, strongly opposing the sale and consumption of alcoholic beverages in the residential neighborhood. Mr. Tomlinson made an oral presentation, describing the events leading to Mr. Humphries' appeal. City Council Minutes 10- 10/3/95 395 Public Comments: ' (1) The appellant, John Humphries, felt that their intent to sell been and wine and been made clear during initial contacts with the City. He stated that after he received verbal approval on his proposal from City staff, he had blueprints drawn up, and closed escrow on the property. He advised they had followed all the procedures necessary to open the Cafe and sell beer and wine. Subsequently, he received a copy of a letter from the City to the Department of Alcoholic Beverage Control indicating that the Zoning Affidavit had been issued in error and was being withdrawn. He emphasized that the cafe was intended to be a very quiet restaurant that will be open Wednesday through Sunday, 8:00 a.m. to 3:00 p.m. and urged the Council to uphold his appeal. (2) David Chorak, 31742 Los Rios Street, expressed strong opposition to the sale and/or consumption of alcoholic beverages next to his home. (3) Lisa Waterman, co -appellant, felt that they have complied with every regulation contained in the Los Rios Precise Plan. She spoke regarding the efforts put into the property over the last one -and -a -half years and requested that they be allowed to go ahead as planned.. Council Member Hart noted that the Los Rios Precise Plan contains a provision for the sale of alcoholic beverages. Council Member Swerdlin felt that the Los Rios Precise Plan should be reviewed. He indicated his opposition to the sale of beer and wine in this neighborhood. Council Member Campbell felt that the cafe would be successful without the sale of beer and wine. Adoption of Resolution DenaLing the Appeal of the Planning Director's Determination: It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the following Resolution be adopted: 95-10-3-3- D • 10"11011.41lI7,r1"Irve0*03irl1ZEN11-MZ*WWKenw.1lisie4(�lrl( L 1► � 1 � .L � � � CAFE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING APPEAL OF AN ADMINISTRATIVE DETERMINATION REGARDING THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH FOOD SERVICES FOR A COTTAGE COMMERCIAL USE IN CONJUNCTION WITH A RESIDENCE LOCATED AT 31752 LOS RIOS STREET WITHIN THE HISTORIC RESIDENTIAL DISTRICT OF THE LOS RIOS PRECISE PLAN I The motion carried by the following vote: City Council Minutes -11- 10/3/95 396 AYES: Council Members Campbell, Hart, Swerdlin, and Mayor Nash NOES: None ABSENT: Council Member Jones Council Member Jones returned to the Council Chamber. • 031_ .l• �_ r ' .. • 1 1_ :. .. .. • • • Written Communication: Report dated October 3, 1995, from the Planning Director, recommending that the request received from Dr. Thomas Schauwecker, DVM, to initiate consideration of a General Plan Amendment to allow multi -family housing at the former Capistrano Racquet Club property at 32731 San Juan Creek Road be approved. Mr. Tomlinson made an oral presentation. He emphasized that initiation of the study would not indicate any endorsement by the Council, just a study of the potential ramifications of the proposed uses in conjunction with the General Plan Amendment. Council Member Campbell expressed strong opposition to deleting the few remaining parcels dedicated to recreational uses in the City. Mayor Nash concurred, stating she was opposed to permitting multi -family housing for the site. She advised that the applicant contends that the site is too small to develop feasible recreational uses. However, she noted that the applicant previously requested a zone change for a portion of the property to construct Chateau San Juan, a three-story retirement home, which reduced the amount of space for recreational uses. She felt that there had been enough compromises for the site. Adoption of Resolution Initiating_ Consideration of a General Plan Amendment: It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the following Resolution be adopted: u:gRemal1131K, N 1911#11F04 MeLej ► • Ql :: 0 V W.,len'lunl qa9003 1 ► AW I_WK0 ' • I.4F-"teLolgj I ULM 0111.2' ; • ' .. l./ ; • 031031 ; REAL ESTATE GROUP) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING CONSIDERATION OF A GENERAL PLAN AMENDMENT REGARDING THE CAPISTRANO RACQUET CLUB PROPERTY The motion carried by the following vote: City Council Minutes 12- 10/3/95 397 AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash ' NOES: None ABSENT: None Council recessed at 8:45 p.m. and reconvened at 9:00 p.m. Additional Comment Re Initiation of General Plan Amendment: Selden Heilbronner, 33911 Calle Borrego, stated that he has been a member of the San Juan Racquet Club since its inception and commended the current facility. He noted that the Club has about 130 member families, many of whom are seniors, and that teams play there once a week. He urged that the site be retained for recreational uses. pla"1\ I 313w I corml Ixaq kit 111 �Ii�IC•l 1 1'� •y�1�� • 11 L� • \ • \ • • .4 1► Iloupummmu Written Communications: (1) Report dated October 3, 1995, from the Engineering and Building Director, recommending that the installation of athletic field lighting at the Sports Park be approved, based on the finding by the City's lighting consultant that the proposed lighting specifications contained proper mitigation measures that would have insignificant impacts to neighboring residents. (2) Letter dated October 1, 1995, from Ray Rothfelder, 26101 Paseo Marbella, opposing the installation of lighting at the Sports Park because of concerns with additional noise and traffic in the evening hours. He noted the glare to his property from the existing lights at the athletic field at the Marco Forster School. (3) Letter dated October 2, 1995, from Mr. and Mrs. David W. Cope, 25952 Avenida Cabrillo, requesting that their concerns regarding shielding and control of the lights be addressed. (4) Letter dated September 27, 1995, from Mr. and Mrs. Harry Schrey, 25881 Avenida Cabrillo, in support of the proposed lighting, subject to sufficient shielding and control of the lights by the City. (5) Letter received October 3, 1995, from Ken and Navana Walter, 32791 Avenida Descanso, in opposition to the proposed lighting because the resulting glare would destroy the character of the neighborhood. City Council Minutes -13- 10/3/95 Sharon Heider, Open Space Project Manager, made an oral presentation. Lighting plans were on display, as well as photo boards showing the cut-off features of the proposed fixtures. She noted that the fixtures were the best technology available today, with special louvers and refractors. Public Comments: (1) Bob Allen, 27901 Calle Santo Domingo, on behalf of the San Juan Little League Board of Directors, spoke in strong support of the lighting and urged that the concerns of the adjacent residents be addressed. (2) Darlene Hopkins, 25841 Avenida Cabrillo, expressed concern regarding the potential for ambient light, noting that most athletic fields are not located within residential neighborhoods. She requested that the hours for operating the lights be limited. (3) Warren Michaelis, on behalf of San Juan Little League, estimated there would be about 100 players at night in addition to the soccer use as a result of the lighting. He felt that the homes nearby would not be impacted by the ambient light from the proposed fixtures, noting that the technology of the current lighting at the Marco Forster fields was twenty years old. Council Member Jones stated he had confidence in staff and their research to ensure the quality of the proposed fixtures to prevent glare and ambient light from spilling onto adjacent residential properties. He suggested that a time limit be set on the hours of operation. Council Member Swerdlin cited concerns with the potential for glare impacts. Mr. King advised that there were no restrictions specific to the Sports Park at the present time since staff had been awaiting a decision by Council on whether lighting would be installed. He described the regulations in effect for the lights at the Marco Forster fields and stated that a policy regarding lighting, amplification, glare, etc., at the Sports Park would be prepared for review by the Parks, Recreation and Equestrian Commission and approval by Council prior to opening of the Sports Park. Use of the fields would be handled by the Community Services Department through their Facility Use Request process, which would require applications to be submitted in advance. He estimated that the fields would be used approximately five nights per week, depending on the demand. Mayor Nash urged that the hours of operation be limited to reduce the impact to neighboring homes and that staff ensure that the fixtures can be adjusted to control the ambient light, if necessary. Approval of Installation of Athletic Field Lighting- at Sports Park: It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the installation of athletic field lighting at the Sports Park be approved. The motion carried by a 4-1 roll call vote, with Mayor Nash voting in opposition. City Council Minutes -14- 10/3/95 399 Finding for Consideration of Off -Agenda Item: It was moved by Mayor Nash and unanimously carried to find that the following item was not available prior to publication of the Council agenda and consideration was necessary at this time. Mayor Nash requested that the Council reconsider the landscaping at the Sports Park. She recommended that 1) the row of trees located on the west side of the Sports Park which divide the park from the agricultural preserve be eliminated because they would obstruct views of the mountains and the valley from Del Avion, Del Obispo Street, and Alipaz Street; 2) the rows of trees along the extension of the road that connects Alipaz to the Sports Park be eliminated for the same reason as above; 3) the trees located at the entrance to the Sports Park off Alipaz be retained; and 4) the height of the cobblestone pilaster posts in the fence along Del Avion be reduced to 6 feet, with the cap to be just above the 6 -foot fence. Council Member Jones stated that although the City has a policy to retain as many trees as possible in the City, he concurred with Mayor Nash's suggestions. He inquired whether the money saved in not planting those trees could be allocated for the Community Center. Mr. Scarborough advised that he would provide a report regarding this option to the Council. Council Member Hart suggested that in addition to removing the trees, the shrubs in the area be maintained at a low height. Council Member Swerdlin suggested that consideration be given to planting smaller trees instead of eliminating them altogether. Approval of Modifications to Sports Park Landscaping: It was moved by Mayor Nash, seconded by Council Member Hart, and unanimously carried that 1) the row of trees located on the west side of the Sports Park which divide the park from the agricultural preserve be eliminated; 2) the rows of trees along the extension of the road that connects Alipaz Street to the Sports Park be eliminated; 3) the trees located at the entrance to the Sports Park off Alipaz Street be retained; and 4) the height of the cobblestone pilaster posts in the fence along Del Avion be reduced to 6 feet, with the cap to be just above the 6 -foot fence. Written Communications: (1) Report dated October 3, 1995, from the Engineering and Building Director, advising that a citizen had requested the City consider improving the way elementary students get to the Mission School and the San Juan Elementary School from the residential areas to the north. The residents of the area had been surveyed and a recommendation had been developed to establish "No Parking" zones and stop signs on El Camino Real and La Zanja. City Council Minutes -15- 10/3/95 no (2) Letter dated September 29, 1995, from Jane Cavanaugh-Lohrbach, 31382 El Camino Real, requesting that conditions be left as is on El Camino Real to prevent further negative impacts on the neighborhood from outside sources. Mr. Huber made an oral presentation. Xeroxed copies of the areas in question were provided to the Council. He requested that the recommendation for a "No Parking" zone on La Zanja be removed from consideration so that staff could address concerns raised by residents. He noted that a request had been received from Mrs. Griffin to address parking concerns on El Camino Real. Public Comments: (1) Ed Lohrbach, 31382 El Camino Real, felt that having "no parking" on the west side of the street would force cars to park on his side of the street. He stated that during special events at the Library, cars fill both sides of the street. He preferred that parking continue to be allowed on both sides of the street. Regarding the proposed sidewalks, he felt that they should be installed for school access purposes rather than to try to accommodate all pedestrians on the street. Regarding stop signs, he expressed concern that the signs would create additional noise in their quiet neighborhood from cars stopping and starting. He noted that traffic in the area has increased significantly over the years and felt that school children should travel via Camino Capistrano. (2) Jadzia McDonough, 31392 Don Juan Avenue, spoke in opposition to restricting parking on the west side of El Camino Real because it would force people to park on the east side and in Mission Hills, which are primarily residential. She noted that their neighborhood was small and felt that the proposed sidewalks should not be constructed to benefit non-residents of their neighborhood. (3) Gary and Robin Griffin, 31341 Andres Pico Road, spoke in strong support of the staff recommendation for the stop signs. She noted that traffic has increased significantly in the area, mainly from increased school enrollment and activities at the Library and the Boys and Girls Club. She expressed concern with safety for children in the area and felt that both stop signs proposed were critical. (4) Gayle Darter suggested that this item be re-evaluated by staff to address peak times occurring during special events at the Library, Mission, and the Boys and Girls Club. Council Comments: Council Member Swerdlin suggested that this item be referred back to staff for further study, including having El Camino Real become a one-way street to allow room for parking and sidewalks. He felt that one or both stop signs could then be eliminated. Council Member Jones spoke in support of the stop signs because of the continued requests from residents over the years. He felt that proper enforcement of the new traffic regulations would improve safety for children and prevent cars from speeding. He agreed that prohibiting parking on the City Council Minutes -16- 10/3/95 west side of EI Camino Real would just displace cars to the east side. Council Members Hart ' and Campbell concurred. Mayor Nash expressed concern regarding other issues impacting the area and felt that this matter be continued to ensure that the road is kept as rural as possible. She noted that El Camino Real has become a through street and a parking lot for Capistrano Villas residents. She recommended that staff provide an analysis regarding who is actually parking in the area and the problems. She felt that a one-way street would be difficult for residents in the area. Council Member Jones urged that at least the stop signs be approved to reduce speeding in the area and allow for enforcement, noting that two serious accidents have occurred at EI Camino Real and Ortega Highway in the last five years. Council Member Swerdlin concurred, noting that the stop signs were an inexpensive solution which could be removed if necessary in the future. Adop ion of Resolution Approving Stop Signs at El Camino Real and La Zania and Don Juan Avenue: It was moved by Council Member Jones, seconded by Council Member Hart, that the following Resolution be adopted: :►10 :7111►• :Ut �•► JUAN AVENrM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING THE INTERSECTIONS OF EL CAMINO REAL WITH LA ZANJA STREET AND DON JUAN AVENUE AS "ALL -WAY" STOPS The motion carried by the following vote: AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None It was a consensus of the Council that the issues of parking and sidewalks be postponed to a later date for staff to submit an analysis of parking issues and the one-way street option. COUNCILMANIC ITEMS City Council Minutes -17- 10/3/95 402 Written Communication: Report dated October 3, 1995, from Carole Jacklin, Council Services Administrator, noting that the vacancy had been advertised and twenty-one applications were received. Appointment of Member: It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously carried that Bill Sonka be appointed to the vacancy on the Planning Commission. Staff was directed to advertise for the vacancy left by Mr. Sonka on the Transportation Commission. �Sjmxna mmejams)• D I_ MEER.M. 07MITER11�.. • • .1 Council Member Jones advised of the agency's intention to ratify an agreement in November with the City and the Capistrano Valley Water District to provide for 2,900 acre feet of water annually. He noted that this agreement would resolve the concerns regarding Pueblo Rights issues. Council Member Hart stated that the legal process was still ongoing for changing over _ from the County to the Authority. COUNCIL COMMENTS Council Member Swerdlin noted his attendance at the last meeting of the Authority's Finance Ad Hoc Committee as an alternate. He advised that the Committee intended to review the policies of various cities and agencies, with a report to be provided at the meeting in October. He noted his attendance at the ceremony at the LAX Doubletree Hotel at which the Governors of Oklahoma and California recognized the response and assistance by Orange County firefighters during the Oklahoma City bombing tragedy. Council Member Swerdlin advised that he would provide a report to the Council in their slots regarding his recent attendance at an investment seminar in Oceanside. NORTHWEST OPEN SPACE SITE (530.40) Council Member Hart requested that the issue of uses for the City's Northwest Open Space site be placed on a future agenda to appoint two Council members to work with staff. City Council Minutes -18- 10/3/95 403 CLOSED SESSION (610,85) 'Finding for Consideration of Off -Agenda Items: It was moved by Council Member Swerdlin, seconded by Council Member Campbell, and unanimously carried to find that these items were not available prior to publication of the agenda and consideration was necessary at this time. Approval to Add Items for Discussion in Closed Session: It was moved by Council Member Swerdlin, seconded by Council Member Campbell, and unanimously carried that the following items be added to the list of items for discussion in Closed Session: 1) a litigation item, Lamming vs. Lee, and 2) real estate negotiations for property located at 31401 El Homo Street. Council recessed to a Closed Session at 10:15 p.m. for: 1. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9, for the case known as Hassett v. City of San Juan Capistrano; 2. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9 for the case known as Romer v. Gresham; 3. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9, ' for the case known as Jose Vasquez v. City of San Juan Capistrano; 4. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(b), for significant exposure to litigation in two cases, and Government Code Section 54956.9(c), the initiation of litigation in two cases; 5. Conference with Labor Negotiator per Government Code Section 54957.6, with George Scarborough, City Manager, in discussion with the Classified Employees Association and the Management Employees Association; 6. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9(a), for the case known as Lamming vs. Lee; and Conference with Real Property Negotiator per Government Code Section 54956.8 for property located at 31401 El Homo Street, with Barbara Shea-han as the negotiating party, to consider price and terms of payment. The City Clerk was excused therefrom, and the meeting reconvened at 11:30 p.m. L9111111mal I ID1.1_I/ I Mr. Denhalter reported the following actions taken during Closed Session: City Council Minutes -19- 10/3/95 404 Regarding Item No. 6, the Council unanimously ratified the Settlement Agreement in this matter. Regarding Item No. 7, it was moved by Council Member Hart, seconded by Council Member Jones, and unanimously carried that the offer for the purchase of property at 31401 El Homo Street be accepted from Barbara Shea-han with a 90 -day escrow and a 30 -day notice to the tenant. Mr. Denhalter advised 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 11:30 p.m. to the next regular meeting date of Tuesday, October 17, 1995, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, ZLj CHERYL• I ATTEST: CAROLYN N SH, MAYOR City Council Minutes -20- 10/3/95