91-0115_CC_Minutes_Regular MeetingJANUARY 15, 1991
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 Friess at 7:05
p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Robert
Schwenk of the Community Presbyterian Church.
ROLL CALL: PRESENT: Kenneth E. Friess, Mayor
Lawrence F. Buchheim, Councilman
Gary L. Hausdorfer, Councilman
Gil Jones, Councilman
Jeff Vasquez, Councilman
(arrived at 7:08 p.m.)
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; John R. Shaw,
City Attorney; Cheryl Johnson, City Clerk; George Scarborough,
Assistant City Manager; David Bentz, Director of Administrative
Services; William M. Huber, Director of Engineering and Building
Services; Ronald C. Sievers, Director of Public Lands and
Facilities; Thomas G. Merrell, Director of Planning Services; Al
King, Director of Community Services; Nancy Bernardi, Recording
Secretary.
MINUTES
Regular Meeting of January 2. 1991:
It was moved by Councilman Jones, seconded by Councilman Buchheim,
that the Minutes of the Regular Meeting of January 2, 1991, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Jones, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSTAIN: Councilman Hausdorfer
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Jones, seconded by Councilman Buchheim,
and unanimously carried that all Ordinances be read by title only.
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PRESENTATIONS AND COMMENDATIONS
PERSONNEL INTRODUCTION (KING) (700.10)
Mayor Friess introduced Al
Community Services who began
January 7, 1991.
ORAL COMMUNICATIONS
King, the new Director of
employment with the City on
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR/CITY MANAGER
COMPENSATION PACKAGE (800.50/700.20)
The following comments were received regarding the San
Joaquin Hills Transportation Corridor and recent articles in
newspapers regarding the City Manager's compensation package
and loans made to him by the City:
(a) Roy Byrnes, 30500 Hilltop Way, stated that matters
regarding the City Manager's compensation package,
salary, and loans should be made available to the
public. With regard to the Corridor, Mr. Byrnes stated
Council members should not be members of boards or
agencies that will bring projects before the Council
due to the potential to become advocates of the project.
(b) Marjorie Baumgartner, 26852 Canyon Crest, urged that the
City vote in opposition to the Corridor's EIR and work
toward sensible solutions.
(c) Carlos Negrete, resident and business owner in the City,
questioned the necessity to grant an additional three
years on the City Manager's contract which had two years
to go. He voiced opposition to the loans made to the
City Manager.
(d) Nancy King, 29422 Spotted Bull Lane, requested that the
City vote in opposition to the EIR to preserve the
City's environment and quality of life, noting that 278
residents signed a petition opposing the Corridor.
(e) John Nelson, 30131 Branding Iron Road, president of the
Mission Hills Ranch Homeowners Association cited the
Association's unanimous opposition to the Corridor.
(f) Dave Gardner, 31211 Paseo Amapola, representing the
board of directors for the Casa Capistrano Homeowners
Association, cited the Association's opposition to the
toll road.
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(g) Roy Nunn, 31011 Paseo Valencia, stated that with regard
to the contract/compensation package for the City
Manager, information needed to be made more easily
available to the public. He added that certain special
interest groups within the City do not represent the
majority of residents and urged more public
participation in City affairs. Mr. Nunn commended the
City Council and the City Manager for their long hours
and commitment.
(h) Cathy Holmes, 31851 Paseo La Branza, expressed
appreciation to the City Council and the City Manager
for their dedication and hard work for the community.
(i) Wyatt Hart, 28441 Ortega Highway, expressed his support
for the City Council and the City Manager and commended
their dedication and hard work. He noted that the
compensation package for the City Manager had been
public knowledge for some time.
(j) Ray Peterson, 31121 Via Santo Tomas, president of the
Capistrano Gardens Association No. 2 (Las Brisas), asked
that the City vote in opposition to the EIR, noting
concerns expressed by the Environmental Protection
Agency and residents.
(k) Bob Davies, 27393 Paseo Ravenna, requested that the City
vote in opposition to the EIR, noting concerns of the
Environmental Protection Agency, adverse traffic impacts
caused by more development along the Corridor, and the
effect on air and water quality in the City. Mr. Davies
also commented on State and City regulations relative
to anonymous contributions. The City Clerk was
directed to mail notices to the candidates clarifying
the disposition of anonymous contributions, itemized
contributions and remaining campaign funds.
(1) Mark Clancey, 31892 Via de Linda, noted that the issue
is the accountability of City Hall and stated it was
time to respond to inquiries and criticism.
(m) Dorothy Williams, president of the Chamber of Commerce,
expressed the Chamber's support of the City Council and
the City Manager.
(n) Jim Facciuto, 31671 Paseo Isabel, president of Hidden
Mountain Homeowners Association, cited opposition to the
Corridor and stated that there were misrepresentations
in the newspaper articles.
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(o) Mike Darnold, 26022 Avenida Miraposa, cited support of
the City Council and the City Manager, noting that he
was aware of the City Manager's compensation package at
the time it was originally discussed and approved.
(p) Bill Hardy, 26523 Calle Lorenzo, expressed his support
of the City Council and the City Manager.
Mayor Friess noted that Council deliberation on the comments
received to date from the public, staff, and the
Transportation Corridor Agency will be scheduled for the
meeting of February 5, 1991. He urged that citizens who
desire to stop the Corridor altogether should voice their
opinions to County Supervisors Vasquez and Riley, as well as
the other cities on the voting board of directors for the
Corridor: Newport Beach, Costa Mesa, Santa Ana, Irvine,
Mission Viejo, Laguna Niguel, Dana Point, and San Clemente.
2. STATEMENTS OF ECONOMIC INTEREST (640.50
Susan Craft, 28181 Calle San Remo, inquired about Councilman
Hausdorfer's financial filings. Councilman Hausdorfer
advised that the mistake was unintentional and had been
corrected.
3. CITY-WIDE BLOOD DRIVE (140.70)
David Swerdlin, 26172 Via de Toledo, stated that in view of
the war efforts, he would volunteer to chair a blood drive
in the City for donations of blood to the Red Cross. Mayor
Friess asked that Mr. Swerdlin provide related information
to the City to make the blood drive a City-wide event.
CITY MANAGER CONTRACT (600.30)
It was moved by Councilman Jones, seconded by Councilman
Hausdorfer, and unanimously carried to address the issue of
the City Manager's contract at this time.
Councilman Jones stated that an independent review of the
agreements made between the City and the City Manager was
warranted in order to clear the air.
Initiation of Legal Review:
It was moved by Councilman Jones, seconded by Councilman
Hausdorfer, and unanimously carried that the City initiate
a financial and legal review of the loan and contract
transactions between the City Manager and the City. The
review shall be conducted by an independent qualified
professional law firm, with well-established credentials in
municipal law and accounting. The subcommittee, consisting
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of Councilmen Jones and Vasquez, shall work with staff to
oversee the selection of the law firm, the conduct of the
review, and final analysis. The final report is tentatively
scheduled for presentation at the February 5, 1991, meeting.
In response to Nancy Ferruzzo, Mayor Friess summarized the
background of the contract negotiations with Mr. Julian at
the time he was hired in 1981, and the reasons for the
contract specifications and loan agreements.
RECESS AND RECONVENE
The Council recessed at 8:35 p.m
CONSENT CALENDAR
and reconvened at 8:50 p.m.
It was moved by Councilman Buchheim, seconded by Councilman Jones,
that the staff recommendations be accepted for the following items
listed on the Consent Calendar. The motion carried by the
following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (300.30)
The Lists of Demands dated December 27, 1990, and January 10,
1991, in the total amounts of $1,087,037.37 and
$$32,885,394.31, respectively, were approved as submitted.
Councilman Hausdorfer abstained on Warrant #28391 to Keith
French Group.
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of December 31,
1990, in the total amount of $7,650,000, was approved as
submitted.
3. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.60)
The Report dated January 15, 1991, from the Senior Management
Assistant, regarding actions taken at the meeting of
January 7, 1991, was ordered received and filed.
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4. REPORT OF EQUESTRIAN AND TRAILS COMMISSION ACTIONS (930.401
The Report dated January 15, 1991, from the Director of
Community Services, regarding actions taken at the meeting
of December 10, 1990, was ordered received and filed.
5. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated January 15, 1991, from the Director of
Planning, regarding actions taken at the joint meeting with
the Traffic and Transportation Commission of January 8, 1991,
was ordered received and filed.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION
ACTIONS (590.201
The Report dated January 15, 1991, from the Director of
Engineering and Building, regarding actions taken at the
meetings of November 28 and December 12, 1990, was ordered
received and filed.
PUBLIC HEARINGS
1. PROPOSED REZONE NO 89-05 SPECIFIC DEVELOPMENT PLAN NO.
90-01, GROWTH MANAGEMENT PLAN NO 89-01 RIDGELINE
EXCEPTION NO 90-01, AND ENVIRONMENTAL IMPACT REPORT NO.
90-02 (CONCORDE DEVELOPMENT) (CONTINUED)
(460.20/410.50/440.50/ 420.30)
Proposal:
Continuation of the public hearing of November 20, 1990, to
allow Planning Commission and Traffic and Transportation
Commission review of the issue of the extension and ultimate
configuration of Camino Las Ramblas.
Project Applicant: Property Owner
Concorde Development Mr. Morris Misbin
19752 MacArthur Blvd., Suite 240 33901 Calle Borrego
Irvine, CA 92715 San Juan Cap. 92675
written Communication:
Report dated January 15, 1991, from the Director of Planning,
forwarding a letter from the applicant requesting that the ^
hearing be continued to February 5, 1991, to allow additional
time for staff to prepare information for Council considera-
tion.
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing. There being no response, it was
moved by Councilman Hausdorfer, seconded by Councilman
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Buchheim, and unanimously carried that the public hearing be
continued to the meeting of February 5, 1991.
2. ESTABLISHING SECTION 9-3.628, VEGETATION FUEL
MODIFICATION, TO TITLE 9 OF THE MUNICIPAL CODE -
ESTABLISHING DESIGN STANDARDS AND MAINTENANCE
REGULATIONS TO CREATE FIRE RETARDANT VEGETATION BUFFERS
(420.30)
Proposal:
Consideration of an amendment to the Municipal Code to
incorporate a fuel modification program to insure public
safety and reduce fire damage to structures located adjacent
to native vegetation grasslands. The program will require
removal of native flammable vegetation and replacement with
drought -tolerant, fire-resistant plants that reduce radiant
and convective heat.
Written Communication:
Report dated January 15, 1991, from the Director of Planning,
forwarding the draft Ordinance establishing the vegetative
fuel modification regulation in the Municipal Code. All new
developments will be subject to the new program will be
required to have an approved fuel modification plan and
program prior to issuance of any permits.
Thomas Tomlinson, City Planner, made an oral presentation.
He discussed when potable and non -potable water would be used
and noted that the fuel modification programs would be
enforced similarly to weed abatement programs.
Councilman Buchheim expressed concern relative to wide
expanses of irrigated areas.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and there being no response,
closed the hearing.
Certification of Negative Declaration:
It was moved by Councilman Hausdorfer, seconded by Councilman
Jones, and unanimously carried that the Negative Declaration
be certified as it was determined that the amendment would
not result in a significant impact on the environment.
Approval of Amendment:
The City Attorney 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 Councilman
Hausdorfer, seconded by Councilman Jones, that the following
Ordinance be introduced:
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ESTABLISHING VEGETATION FUEL MODIFICATION
REGULATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADDING SECTION 9-3.628,
ENTITLED "VEGETATION FUEL MODIFICATION" TO TITLE
9 "LAND USE" OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
ONE MINUTE OF SILENCE
At 9:00 p.m., Mayor Friess asked that one minute of silence be
observed to allow private meditation on the crisis situation with
Iraq in the Gulf region.
3. REQUEST FOR TEMPORARY STREET CLOSURES FOR 1OKM RUN AND
5KM RUN/STRIDE - SATURDAY MARCH 2 1991 (HERITAGE
FESTIVAL) (150.60)
Proposal:
Consideration of a request for temporary closure of certain
streets within the City between the hours of 6:30 a.m. to
9:30 a.m., on Saturday, March 2, 1991, for the Follow the
Swallow 5K and 10K run events.
Written Communication:
Report dated January 15, 1991, from the Director of Community
Services, summarizing the schedule of events, listing the
streets and intersections affected, and providing a map of
the courses.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing, and there being no response,
closed the hearing.
Approval of Route and Street Closures:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried that the route and
closure of the following streets between 6:30 a.m., and 9:30
a.m., be approved for the 10K and 5K Run/Stride events on
March 2, 1991:
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La Novia from Ortega Highway to San Juan Creek Road;
Calle Arroyo from Paseo Tirador to Avenida Siega;
Avenida Los Amigos from Avenida Padre to Avenida
La Paloma;
Avenida La Paloma from Avenida Los Amigos to
Camino Capistrano;
Junipero Serra Road (eastbound) from Camino
Capistrano to Rancho Viejo Road; and,
Rancho Viejo Road from Junipero Serra to Malaspina Road.
RECESS AND RECONVENE
Council recessed at 9:03 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 9:07 p.m.
ADMINISTRATIVE ITEMS
DIRECTOR OF ADMINISTRATIVE SERVICES
1. RESOLUTION DECLARING INTENT TO SELL BONDS IN THE
AMOUNT OF $9,050,000 (SAVE OPEN SPACE) (340.20)
Written Communication:
Report dated January 15, 1991, from the Director of
Administrative Services, recommending that the Council
approve the Official Preliminary Statement prepared by
Fieldman, Rolapp and Associates and direct the City Clerk to
publish a notice inviting proposals for the purchase of bonds
in the Bond Buyer. Sealed proposals will be received up to
11:00 a.m., on February 28, 1991, at Fieldman, Rolapp and
Associates, Irvine.
Declaration of Intent to Sell Bonds:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 91-1-15-1 - RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO
DECLARING ITS INTENTION TO SELL BONDS OF SAID CITY
IN THE AMOUNT OF NINE MILLION FIFTY THOUSAND
DOLLARS ($9,050,000), FIXING THE TIME AND PLACE FOR
TAKING BIDS AND DIRECTING PUBLICATION OF NOTICE
INVITING BIDS
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The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
2. RESOLUTION PROVIDING FOR ISSUANCE OF BONDS IN THE AMOUNT_
OF $9.050,000 FOR ACQUISITION AND CONSTRUCTION OF
CERTAIN PARKS AGRICULTURE OPEN SPACE AND RELATED USES
(340.20)
3.
Written Communication:
Report dated January 15, 1991, from the Director of
Administrative Services, recommending that the Council
approve the form for the second issuance of the General
Obligation Bonds and authorize the City Treasurer to select
the best bidder for the position of paying agent, registrar,
and transfer agent.
Approval of Issuance of Bonds:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, that the following Resolution be adopted providing
for the issuance of bonds:
RESOLUTION NO. 91-1-15-2 - RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO
PROVIDING FOR THE ISSUANCE OF ITS SERIES "A" OF
1991 GENERAL OBLIGATION BONDS (OPEN SPACE PROGRAM)
IN THE AMOUNT OF NINE MILLION FIFTY THOUSAND
DOLLARS ($9,050,000) FOR THE ACQUISITION AND
CONSTRUCTION OF CERTAIN PARK, AGRICULTURAL, OPEN
SPACE, AND RELATED USES
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
Written Communication:
Report dated January 15, 1991, from the Director of
Administrative Services, recommending that a policy be
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established to adjourn to the next business day regularly
scheduled Council meetings which fall on a holiday.
Establishment of Holiday Scheduling:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, that the following Resolution be adopted:
RESOLUTION NO. 91-1-15-3, ESTABLISHING TIME AND
PLACE OF CITY COUNCIL MEETINGS - HOLIDAY SCHEDULE -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, FIXING THE TIME
AND PLACE FOR ITS MEETINGS, ESTABLISHING HOLIDAY
SCHEDULING, AND RESCINDING RESOLUTION NO.
80-12-10-4
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
1. CONSIDERATION OF "PARKING BY PERMIT ONLY DURING SCHOOL
HOURS" - COUNTRY HILLS ROAD AND WILDWOOD LANE (COUNTRY
HILLS DEVELOPMENT) (570.70)
Written Communicatio
Report dated January 15, 1991, from the Director of
Engineering and Building, forwarding the recommendations of
staff and the Traffic and Transportation Commission regarding
the request from the residents of the Country Hills
development to change the existing "No Parking, School Hours"
to "Parking by Permit, School Hours."
Mr. Huber made an oral presentation, summarizing the
recommendation to change the parking restriction to "No
Parking, 9:00 a.m. - 9:30 a.m., School Days."
Perry Powell, 29091 Country Hills Road, disagreed with the
recommendation made by the Traffic and Transportation
Commission and stated it would be difficult obtain Sheriff's
Department respone within the half-hour period that would be
posted. In addition, people visiting the school would be
able to park in the neighborhood under the proposed
restriction. Mr. Powell requested that the Council authorize
parking by permit or leave the parking restriction currently
posted.
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Rod Boone, 29092 Country Hills Road, concurred with the
recommendation made by Mr. Powell due to the uniqueness of
their situations, i.e. both lots are corner lots which adjoin
streets that have "No Parking" restrictions.
Mayor Friess felt that students would be able to work around
the proposed restrictions, making enforcement difficult. He
suggested that "Parking by Permit" be combined with a card
for residents to give to guests. Fines resulting from
violations would help pay for the program.
Approval of Parking Restriction:
It was moved by Councilman Jones, seconded by Councilman
Hausdorfer, and unanimously carried that staff be directed
to provide for "Parking by Permit" for both the Country Hills
development and their guests. Staff was directed to work
with the residents regarding costs. Existing signs will be
replaced to conform to the new restriction.
DIRECTOR OF PLANNING SERVICES
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10
Written Communication:
Report dated January 15, 1991, from the Director of Planning,
advising that two Intent to File for Development Review
applications were received by the City since the last report
of November 20, 1990.
The report was received and filed.
2. REVIEW OF REVISED ARCHITECTURAL DESIGN GUIDELINES (410.30)
Written Communication:
Report dated January 15, 1991, from the City Manager,
forwarding a draft of the Architectural Design Guidelines,
which were prepared to assist architects, design
professionals, and developers in preserving and enhancing the
special qualities of the City.
Bill Ramsey, Senior Planner, made an oral presentation and
recommended that two additional items be included in the
Guidelines:
(1) Sign Program Policies should be added under the Summary
of Design Policies. Mr. Ramsey noted instances when
tenants have requested modifications to approved sign
programs in larger developments.
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(2) The location of where photographs were taken should be
identified in the captions.
with regard to architectural styles, Mr. Ramsey explained
that the City has promoted a more refined Spanish Revival
type of architecture, and that the starkness of adobe
architecture should be discouraged but not disallowed.
Council Discussion:
Mayor Friess commended staff and the Commissions for their
work and input.
Councilman Vasquez stated his preference for the use of the
Mediterranean period of architecture as opposed to the
"Mission Revival" style. It was suggested that since the
Mission Revival style is part of the Mediterranean period,
that the sections for "Mission Revival," "Monterey," and
"Spanish Revival" be included as subheadings under
"Mediterranean."
Adoption of Design Guidelines:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, that the following Resolution be adopted approving
the draft Architectural Design Guidelines, to include the
editorial revisions made by the Design Review Commission and
the Planning Commission and the following modification:
Page 7, the sections for "Mission Revival,"
"Monterey," and "Spanish Revival" shall be inclu-
ded as subheadings under "Mediterranean."
RESOLUTION NO. 91-1-15-4. ADOPTING DRAFT
ARCHITECTURAL DESIGN GUIDELINES - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING THE DRAFT ARCHI-
TECTURAL DESIGN GUIDELINES
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
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3. ALTERNATIVE LIGHTING STUDY FOR THE FRANCISCAN PLAZA PARKING
STRUCTURE - ARCHITECTURAL CONTROL 88-18 (410.60)
Councilman Jones left the Chamber due to a conflict of interest.
Written Communication:
Report dated January 15, 1991, from the Director of Planning,
regarding the installation of 21 -foot pole lights on the
rooftop parking level during construction of Phase I for the
Franciscan Plaza, located on the southeast corner of Verdugo
Street. The lights were found by staff to be inconsistent
with the architectural theme of the building and obtrusive
to the Los Rios District, the Depot parking lot, and various
points along Camino Capistrano and Verdugo Street.
The applicant's lighting consultant had submitted
recommendations to lower the posts and lights by 6 feet.
Staff felt the recommendation was inadequate and recommended
the use of 3- to 4 -foot -high bollard lights located along the
drive lanes in conjunction with lights on horizontal
extension arms originating from the center section of the
parking structure. The applicant's consultant had also
recommended installing architectural louvers in the building
facade openings and landscaping to screen the existing
ceiling lights in the parking structure which are visible in
the Los Rios District. Staff recommended baffling the
existing center aisle ceiling lights and adding lights along
the western interior wall to adequately light areas darkened
by baffling the center aisle lights. Staff also determined
that the glare affecting the Los Rios District from three
existing light installations on the west building elevation
would be mitigated by landscaping and overhead construction
of the railroad platform.
Dick Bobertz, Interim Land Use Manager, made an oral
presentation.
The applicant, Paul Farber, submitted photographs showing
that he had lowered two of the standards by 6 feet, as
recommended by staff --one adjacent to Verdugo Street and the
northernmost one in the middle of the roof. He emphasized
the importance of ensuring safety with adequate lighting.
He stated that if the poles were lowered more than 6 feet,
more standards would be required and the lower height might
encourage vandalism. In addition, if the parking lot were
full, the light from the staff -recommended bollards would be
blocked by vehicles. He further indicated that his insurance
company would not insure any part of the structure that was
not adequately lighted. Regarding the interior lights, Mr.
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Farber suggested that the issue be considered after the
construction of the railroad platform and installation of
landscaping.
C.W. Blatchford, engineer for the project, stated that
lowering the light standards so that they would not be
visible from various points would not be practical from a
safety standpoint.
Charles Bell of Blair Ballard Architects for the applicant
stated his preference for 10 -foot -high poles due to the
potential for vandalism and to ensure safety.
Stephen Rios, 31781 Los Rios Street, submitted a petition
signed by residents of the Los Rios District stating that the
light and glare emanating from the existing lighting at the
parking lot disrupts the tranquility and character of the Los
Rios area. He concurred with the staff recommendations and
requested that the interior lights be shielded, the west wall
lights be shielded and the roof -top lights be modified to
alleviate the glare impacts.
Council Discussion:
Councilman Buchheim felt that the reduction in the rooftop
lighting by 6 feet was sufficient and made the following
suggestions: 1) the light standard located on the northwest
corner should be shielded; 2) the interior lights could be
controlled by a rheostat so that the intensity could be
adjusted; and 3) the platform lights should be shielded.
Councilman Vasquez concurred with the staff recommendation
regarding the interior lights. He felt that the applicant's
request for 9- to 10 -foot -high light standards was justified.
He suggested that the platform lights be redesigned to direct
light toward the building instead of down toward the street.
Mr. Farber suggested that the light bulbs on the railroad
platform be removed until the platform and landscaping are
installed.
Approval of Lighting Alternatives:
It was moved by Councilman Vasquez and seconded by Councilman
Hausdorfer and unanimously carried with Councilman Jones
absent that the following lighting alternatives be approved
for the Franciscan Plaza parking structure:
Rooftop Lighting:
(1) The light source shall be positioned at a maximum
of 10 feet or less above the drive surface and
remain in compliance with Code standards.
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(2) The light standard located on the northwest corner
shall be shielded and or relocated away from the
outer wall in order to remove its impact on the
Los Rios area.
I
Interior Ceiling Lights:
The existing center aisle ceiling lights shall be
baffled from the Los Rios District, with additional
lights added along the western interior wall near the
ceiling to ensure adequate lighting of the areas that
would be darkened by the baffling but which would be
screened by the structure.
West Elevation Lights:
The existing three lights on the west building elevation
shall be considered after the installation of the
railroad platform and landscaping. The existing bulbs
shall be removed until that time.
RECESS AND RECONVENE
The Council recessed at 10:38 p.m. and reconvened at 10:42 P.M.
with all members present.
4. APPEAL OF PLANNING DIRECTOR DECISION REGARDING PROPOSED_
BARN ON LOT 64, TRACT 9382 (MAURER)_(420.40)
Written Communication:
Report dated January 15, 1991, from the Director of Planning,
detailing the Director's determination that a proposed
15,000 -square -foot multi-purpose structure (barn) on a 40+
acre parcel located at the terminus of Casa Grande Drive
within the Growth Management District was not a valid
accessory structure. Processing of the project had been
terminated.
Mr. Merrell made an oral presentation, stating that the issue
before the Council is whether the proposed structure should
be considered as an accessory structure, as established by
the Municipal Code.
Leonard Hampel, from Rutan & Tucker, legal counsel for Coral
Properties, stated that the proposed structure does not
violate any requirement of the City's Municipal Code and does
not encroach on the ridgeline; that the agricultural use of
the property has already been established; that a property
owner is not required to submit a plan for his agricultural
use; that the accessory structure and uses are permitted in
the General Agricultural District and City regulations do not
regulate the size of accessory structures or define a "barn."
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Mark Maurer, representing Coral Properties, explained the
concept drawings for the structure.
Mr. Merrell emphasized that the Municipal Code requires that
the City determine that the proposed agricultural accessory
structure would be subordinate to the principal agricultural
use and needed to support the principal use. He felt that
the information received to date from the applicant was
insufficient to make these determinations. If the appeal is
granted, the structure would be found to be a legitimate
accessory structure, and the project would be allowed to
continue in the planning process.
Council Discussion:
Councilman Jones stated that the applicant's appeal should
be granted and that the applicant should be able to continue
with the planning process. Councilman Buchheim stated that
the applicant does not have to list what agricultural uses
will be on his property. Councilman Vasquez stated that the
appellant's request was not unreasonable. Councilman
Hausdorfer stated that while he did not support a specific
plan, Mr. Maurer had the right to continue with the planning
process.
Approval of Appeal:
It was moved by Councilman Jones, seconded by Councilman
Buchheim, and unanimously carried to approve the appellant's
appeal and direct the City Attorney to prepare a resolution
for consideration at the February 5, 1991. Staff was
directed to continue the planning process for the proposed
structure.
1. ORDINANCE APPROVING REZONE 90-06 TO ALLOW A SPORTS
MEDICAL CLINIC AT 27131 CALLE ARROYO AS A CONDITIONAL
USE IN THE ORTEGA PLANNED COMMUNITY (ADVANCED HEALTH
SPORTS MED CENTER/SCHRECENGOST) (460.20)
Written Communication:
Report dated January 15, 1991, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
January 2, 1991, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney 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 Councilman
Hausdorfer, seconded by Councilman Buchheim, that the
following ordinance be adopted:
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MIM
HEALTH SPORTS MED CENTER/SCHRECENGOST) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING REZONE 90-06 TO ESTABLISH
SPORTS MEDICAL CLINICS AS A CONDITIONAL USE IN THE
ORTEGA PLANNED COMMUNITY, COMPREHENSIVE DEVELOPMENT
PLAN 78-1, PLANNING SECTOR B-1 (ADVANCED HEALTH
SPORT MED CENTER/SCHRECENGOST)
The motion carried by the following vote:
AYES: Councilmen Jones, Hausdorfer, Buchheim,
Vasquez, and Mayor Friess
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES
a. Southeast Regional Reclamation Authority (1040.60)
Councilman Buchheim noted that the plant is processing
approximately 60 tons of sludge per day and that
arrangements were being made to have materials sold to
a landscaping company.
COUNCIL COMMENTS
CITY MANAGER CONTRACTS (600.30)
Councilman Vasquez indicated he had questions to pose to the
City Manager regarding the financial arrangements entered
into between Mr. Julian and the City. Mayor Friess suggested
that a meeting be held with Councilmen Vasquez and Jones and
Mr. Julian to discuss the questions. At Councilman Vasquez'
request, the City Clerk was directed to attend the meeting
to record the proceedings.
PLANNING COMMISSION INTERVIEWS (110.20)
Councilman Jones indicated that he and Councilman Vasquez
would be conducting interviews for the vacancy on the
Planning Commission on Saturday, January 19, 1991.
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WE
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11:50 p.m. to the next regular meeting date of
Tuesday, February 5, 1991, at 7:00 p.m. in the City Council
Chamber.
Respectfully submitted,
CHERYL JefiffCON, CITY CLERK
ATTEST:
KENNETH E. FRIESS, MAYOR
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