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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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
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(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
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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.
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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)
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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.
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CITY MANAGER
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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:
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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.
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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.
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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
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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:
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396
AYES: Council Members Campbell, Hart, Swerdlin, and Mayor Nash
NOES: None
ABSENT: Council Member Jones
Council Member Jones returned to the Council Chamber.
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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:
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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:
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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.
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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.
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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