90-0417_CC_Minutes_Regular Meeting047 �
APRIL 17, 1990
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 Hausdorfer at
7:05 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Jim
Tracy of the Capistrano Church of the Nazarene.
ROLL CALL: PRESENT: Gary L. Hausdorfer, Mayor
Lawrence P. Buchheim, Councilman
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; John R. Shaw,
City Attorney; George Scarborough, Assistant City Manager/Acting
City Clerk; David Bentz, Director of Administrative Services;
William D. Murphy, Director of Public Works; Thomas G. Merrell,
Director of Community Planning and Development; Thomas L. Baker,
Director of Community Services; Cheryl Johnson, Deputy City Clerk;
Nancy Bernardi, Recording Secretary.
MINUTES
Regular Meeting of April 3. 1990:
It was moved by Councilman Bland, seconded by Councilman Friess,
that the Minutes of the Regular Meeting of April 3, 1990, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Schwartze
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Bland,
and unanimously carried that all Ordinances be read by title only.
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PRESENTATIONS AND COMMENDATIONS
ACCEPTANCE OF CALIFORNIA PARKS AND RECREATION SOCIETY STATE
AWARD (610.40)
Written Communication:
Report dated April 17, 1990, from the Assistant City Manager,
noting the award given to the San Juan Capistrano Community
Services Department for winning the "Best Activities Brochure
Cover Photo" in the California Parks and Recreation Society's
First Annual Publicity Showcase Contest for their Summer 1989
brochure cover.
Presentation of Award:
Mr. Baker presented teh award to Council; staff was commended
for their efforts.
2. PROCLAMATION DESIGNATING JUNE 1 THROUGH JUNE 21, 1990 AS
"GRAD NITE WEEKS" (610.40)
Written Communication:
Report dated April 17, 1990, from the Acting City Clerk,
forwarding the Proclamation.
Presentation of Proclamation:
Mayor Hausdorfer read the Proclamation in full and with the
consensus of Council declared June 1 through June 21, 1990,
as "Grad Nite Weeks in Orange County." Sue DiPierro, Vice
President of Operations of the Grad Nite Foundation, was
present to receive the proclamation.
3. PRESENTATION OF COMMUNITY SERVICES AWARDS FOR RECYCLING
EFFORTS (610.40/810.60)
Written Communication:
Report dated April 17, 1990, from the Council Services
Manager, noting the success of the San Juan Capistrano Senior
Club recycling program.
Presentation of Awards:
Mayor Hausdorfer introduced and presented awards to Marge
Madigan, Mike Madigan, and Scott Crapnell for their
commitment and continuing efforts in the recycling program.
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049
ORAL COMMUNICATIONS
1. EMPLOYEE COMMENDATION (730.90)
Dr. and Mrs. Jay Golin, Stoneridge homeowners, expressed
appreciation to the City Manager, Lee Hitchcock, and Tom Daly
for their assistance with issues concerning their home.
CONSENT CALENDAR
It was moved by Councilman Bland, seconded by Councilman
Schwartze, that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated April 5, 1990, in the total amount
of $674,241.63, was approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of March 31,
1990, in the total amount of $21,646,315.50, was approved as
submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
(345.60)
The City Treasurer's Report advising there were no 1911 Act
Bond Delinquencies as of March 31, 1990, was approved as
submitted.
4. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60
The Report dated April 17, 1990, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of April 4, 1990, was ordered received and
filed.
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5. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated April 17, 1990, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of March 29, 1990, was ordered received and
filed.
REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated April 17, 1990, from the Director of
Community Planning and Development, regarding actions taken
at the meetings of April 5 and April 10, 1990, was ordered
received and filed.
7.
The Report dated April 17, 1990, from the Director of Public
Works, regarding actions taken at the meetings of March 14
and March 28, 1990, was ordered received and filed.
8. DENIAL OF CLAIM - PERSONAL INJURY (SONJA AND KARL HESS)
X170.101
The claim received by the City from Martin H. Flam, Attorney
at Law, on behalf of Sonja and Karl Hess, for bodily injuries
sustained by Sonja Hess from stepping into an unmarked hole
in the sidewalk on Verdugo Street, was denied, as set forth
in the report dated April 17, 1990, from the City Attorney.
PUBLIC HEARINGS
1. APPEAL OF PLANNING COMMISSION CONDITIONS AND PHASING FOR
PROPERTY LOCATED SOUTH OF OSO ROAD WEST OF ATSF RAILROAD AND
1�1T TnnnTTrn rort.,x - ARCHTTRCTURAL CONTROL 86-7
2. PROPOSED 6 -ACRE RESIDENTIAL PROJECT LOCATED SOUTH OF OSO
ROAD WEST OF ATSF RAILROAD AND EAST OF TRABUCO CREEK --
VESTING TENTATIVE TRACT MAP 14216 (CAPISTRANO VALLEY TENNIS
CLUB AND VILLAS/BUNNELL (420.40)
Due to a conflict of interest, Councilman Buchheim abstained from
voting on these items. Both hearings were considered simul-
taneously.
Proposal:
Consideration of the following items:
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051
(1) An appeal of Planning Commission conditions for
Architectural Control 86-7, Capistrano Valley
Tennis Club and Villas, relative to building plans,
grading, architecture, walls and screening and
issuance of certificates of occupancy on
residential units; and,
(2) Approval of Vesting Tentative Tract Map 14216 to
subdivide a 6.11 -acre parcel into 50 single-family
residential lots and an Addendum to the Final
Environmental Impact Report 87-1.
The project is located on the north side of Oso Road, west
of the AT&SF railroad tracks. Surrounding uses include the
AT&SF railroad to the east, Trabuco Creek to the north and
west, and residential and equestrian uses to the south. The
proposed tennis club will be located on the easterly side of
the property adjacent to the railroad; the residential
subdivision will be located on the wouthwest side adjacent
to the creek.
Applicants•
Mr. Cecil R. Bunnell Mr. Kenneth B. Black, Jr.
31121 Brooks Interwest Corporation
South Laguna, CA 92677 24843 Del Prado, Suite 125
Dana Point, CA 92629
Written Communications:
(1) Report dated April 3, 1990, from the Director of
Community Planning and Development, providing a summary
and background of the project, reviews by other commis-
sions, staff analysis, review of conditions of appeal,
and alternate conditions regarding the issue of phasing.
(2) Report dated April 17, 1990, from the Acting City Clerk,
noting that the hearings were continued from the meeting
of April 3, 1990.
(3) Letter dated April 13, 1990, from the applicant, Cecil
Bunnell, requesting amendments to certain conditions
imposed by the Planning Commission.
(4) Letter dated April 2, 1990, from Albert J. Baumgartner,
26852 Canyon Crest Road, in support of the project and
requesting assurance that the tennis facility would be
constructed.
Exhibits were on display, and Lynn Dosheery, Land Use
Manager, discussed the site plan revisions, and the
applicants' appeal of certain conditions in Planning
Commission Resolution No. PC 90-2-27-1.
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Public Hearing•
Notice having been given as required by law, Mayor Hausdorfer
opened both Public Hearings simultaneously, and the following
persons responded:
(1) The applicant, Cecil Bunnell, stated that they have met
all obligations and wished to enter Phase III of the
project. Mr. Bunnell discussed the difficulty of
obtaining bonding and simultaneously phasing the project
with two different developers, as conditioned by the
Planning Commission. He noted that since the residen-
tial portion of the project would be completed in four
to five months and the tennis facilities in nine to
twelve months, he would not be able to sell the
residential units prior to the completion of the tennis
facilities, as conditioned. Mr. Bunnell suggested that
one pool and the landscaping be completed in order to
qualify for Certificates of Occupancy.
(2) Ben Michalec, 26376 Oso Road, requested that sufficient
parking be provided by the developer so that Oso Road
would not be used for parking by people using the tennis
facilities. Mayor Hausdorfer requested that Mr.
Michalec's concerns be referred to the Traffic and
Transportation Commission.
(3) Marjorie Baumgartner, 26852 Canyon Crest Road, asked for
assurance that the tennis facility be completed.
(4) Nancy Gee, 30812 Avenida de la Vista, urged a reasonable
resolution of the matters before the Council.
There being no further response, Mayor Hausdorfer closed the
hearings with the right to re -open at any time.
Council Discussion:
In reviewing the conditions of appeal, Mr. Merrell explained
the normal process of Planning Commission review. He
suggested that language be substituted giving review and
approval of the final grading plans to the Director of
Community Planning and Development in order to expedite the
project's progress, with a report to be submitted to the City
Council and Planning Commission. It was suggested that if
there were any significant changes or concerns, the Director
would have the prerogative of withholding the permits until
the revised plans had been reviewed by the Planning
Commission and City Council.
With regard to the specific conditions under appeal, there
was a consensus of Council that Conditions No. 3, relative
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053
to building plans, No. 8, architecture, and 14, walls and
screening, remain as recommended by the Planning Commission.
It was moved by Councilman Bland, seconded by Councilman
Schwartze and carried with Councilman Buchheim abstaining,
that Condition 5a, grading, and related conditions, be
amended to allow approval by the Director of Community
Planning and Development.
Council reviewed the four alternative conditions set forth
by staff relative to phasing of the project, Condition No.
20. Following discussion, it was moved by Councilman Bland,
seconded by Councilman Friess and carried, with Councilman
Buchheim abstaining, to accept the applicants' recommendation
that prior to issuance of any building permits the following
shall be completed for both the tennis club and residential
units: approval of improvement plans for streets and the
creek; approval of grading plans; completion of grading and
site improvements; completion of erosion -control landscaping;
and, submittal of working drawings for residential and tennis
club structures. The motion also included direction that
prior to issuance of any residential certificate of
occuapncy, the swimming pool, one tennis court and associated
landscaping on the tennis club site shall be completed nad
made legally available for use by residents of the villas.
Approval of Vesting Tentative Tract Mao:
It was moved by Councilman Bland, seconded by Councilman
Friess, that the following Resolution be adopted as amended
relative to review of residential site plans and final
grading plans and phasing:
RESOLUTION NO 90-4-17-1. APPROVING VESTING
TENTATIVE TRACT MAP 14216 (CAPISTRANO VALLEY TENNIS
CLUB AND VILLAS/BUNNEL-BLACK) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CERTIFYING THE ADDENDUM TO FINAL
ENVIRONMENTAL IMPACT REPORT 87-1 FOR VESTING
TENTATIVE TRACT MAP 14216 AND APPROVING VESTING
TENTATIVE TRACT MAP 14216 (CAPISTRANO VALLEY TENNIS
CLUB AND VILLAS/BUNNELL-BLACK)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Bland and
Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
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Reaffirming Planning Commission Action - Architectural
Control 86-7:
It was moved by Councilman Bland, seconded by Councilman
Friess that the following Resolution be adopted as amended
relative to Phase III approvals and phasing:
RESOLUTION NO. 90-4-17-2. REAFFIRMING PLANNING
COMMISSION ACTION - ARCHITECTURAL CONTROL 86-7
(CAPISTRANO VALLEY TENNIS CLUB/BUNNELL) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REAFFIRMING THE
PLANNING COMMISSION'S CERTIFICATION OF THE ADDENDUM
TO FINAL ENVIRONMENTAL IMPACT REPORT 87-1 FOR
REVISED AC 86-7 AND CONDITIONAL APPROVAL OF AC 86-
7, SEVERAL CONDITIONS OF WHICH WERE APPEALED
(CAPISTRANO VALLEY TENNIS CLUB AND VILLAS/BUNNELL-
BLACK)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Bland and
Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
PROPOSED ABANDONMENT OF ASSESSMENT DISTRICT 89-1 PROCEEDINGS
(HIDDEN VALLEY SEWER) (345.40)
Councilman Friess abstained from action on this item due to a
conflict of interest.
Proposal•
Consideration of the proposed abandonment of Assessment
District 89-1 to allow the residents of Hidden Valley to
proceed independently with the construction of natural gas
lines, as requested by the residents.
written Communication: �!
Report dated April 17, 1990, from the Director of Public
works, summarizing the progress to date of the sewer con-
struction in the Hidden Valley area and recommending
abandonment proceedings.
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Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and there being no response,
closed the hearing with the right to re -open at any time.
Abandoning Proceedings:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 90-4-17-3, ABANDONING PROCEEDINGS -
ASSESSMENT DISTRICT NO. 89-1 (HIDDEN VALLEY) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ABANDONING PROCEEDINGS
AND REJECTING BIDS FOR THE CONSTRUCTION OF CERTAIN
IMPROVEMENTS IN ASSESSMENT DISTRICT PURSUANT TO THE
"MUNICIPAL IMPROVEMENT ACT OF 1913" (HIDDEN VALLEY
ASSESSMENT DISTRICT 89-1)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Friess
ABSENT: None
The City Clerk was authorized to execute the Certificate
Relating to Abandonment of Assessment Proceedings and to
record the Resolution and Certificate with the County
Recorder.
APPROVAL OF RESIDENTIAL CONCEPT PLAN - REZONE 89-2 AND
VESTING TENTATIVE TRACT 13846 (BARKLEY/MARBELLA TERRACE)
(420.40/460.20)
Proposal:
Consideration of a combined vesting tentative tract map and
residential concept plan proposing 15 hillside estate lots
on 26.5 acres and a zone from change EL (Large Estate) to RS
(single Family with minimum lot size of 20,000 square feet).
The property is identified as Lot 38 of Tract 11753 and has
been annexed into the Marbella Planned Community.
Applicant:
Mr. Les Barkley
L.P. Barkley and
66 Fairlake
Irvine, CA 92714
Associates
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Written Communications:
(1) Report dated April 17, 1990, from the Director of
Community Planning and Development, summarizing the
background of the project, other commission review, the
environmental review process, and staff analysis with
regard to open space preservation, grading, landscaping,
zoning consistency, and equestrian trail alignment.
(2) Memorandum dated April 17, 1990, from Larry Lawrence of
Lawrence Associates, planning consultant, forwarding
amendments to the draft EIR Certification Resolution.
(3) Letter dated February 6, 1990, from G. A. Rawi, Ph.D.,
27272 Viewpoint Circle, in support of the project.
(4) Letter dated February 1, 1990, from the Board of
Directors of the Hunt Club Estates Homeowners Associa-
tion in support of the project and requesting the
realignment of a portion of the equestrian trail onto
Hunt Club Lot 133.
(5) Letter dated January 15, 1990, from Chuck Patterson,
President of the Marbella Property Owners Association,
in support of the project and requesting the realignment
of a portion of the equestrian trail away from the 12th
fairway.
(6) Petition signed by 46 residents in opposition to the
filling in of the ravine and the rezone.
Exhibits, including a model of the proposed project, were on
display. Larry Lawrence, planning consultant, made an oral
presentation, summarizing the history of the development of
the ravine, environmental review process, and staff recommen-
dations.
The Council recessed at 8:25 p.m. to view the model and
reconvened at 8:30 p.m.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and the following persons respon-
ded in favor of the proposed project:
(1) Les Barkley, applicant, suggested that with regard to
landscaping, native species of plants be introduced (no
ornamental) and not within 200 feet of the ridgeline.
He recommended realignment of the equestrian trail 20
feet closer to Lots 1 and 2, noting that he had received
no opposition to this alternative, and that no evergreen
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057
buffer be planted which would destroy the view from the
trail.
(2) David Roth, 27826 Golden Ridge Lane, noted the beauty
of the project, dedicated open space, increase in
property values, and the increase in the tax base.
(3) Robert Thiel, Dana Point, on the Board of Directors for
the Marbella Property Owners Association, stated that
the Board had voted unanimously to support the project.
(4) Ken Olsen, 32781 Mermaid Circle, Dana Point, on the
Board of Directors for the Marbella Property Owners
Association, felt that the project would enhance the
community.
(5) Kay Plesso, 30492 Marbella Vista (Lot 151), felt that
the surrounding environment would be enhanced by the
project and noted the increase in property values.
(6) Gus Rawi, 27272 Viewpoint Circle (Stoneridge), expressed
appreciation for the low-density plan.
(7) Bill Emery, 30986 Steeplechase Drive, spoke in support
of the project but voiced opposition to the planting of
an evergreen barrier next to the equestrian trail and
suggested that the trail be realigned, at the appli-
cant's expense, away from the fairway.
The following persons spoke in opposition to the project:
(8) Milton Long, 28333 Ortega Highway, member of the
Equestrian Commission, expressed concern regarding the
length of time the equestrian trail would be closed for
renovation and requested, on behalf of the Equestrian
Commission, that the trail remain where it is presently
located. He felt that the evergreen barrier would not
be an important addition to the trail.
(9) Jeff Ross, 30631 Steeplechase Drive, noted the passage
of Proposition D and the petition submitted in opposi-
tion to the rezone. He felt that the natural beauty
of the area would be destroyed by the filling in of the
ravine and would destroy animal habitat and vegetation.
(10) Carol Isbell, 27731 Rollingwood Lane, requested that
only one home be allowed as previously zoned instead
of the proposed 15 homes and noted the number of homes
and lots up for sale in the Hunt Club, Stoneridge, and
surrounding areas.
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(11) Edmond Connor, 30651 Steeplechase Drive, noted the
petition that was submitted in opposition to the rezone
and made the following statements: approval of the
rezone would be inconsistent with the City's values;
the homeowners in the area were informed, prior to
purchasing their homes, that only one home would be
built on that property; noted birds seen by an Audubon
Society member that were not included in the EIR;
objected to the filling in of the ravine, requesting
that eight homes be deleted from that area.
In rebuttal, Mr. Barkley noted the project's dedication of
over 65% open space, and that the General Plan designation
would allow construction of 26 units in the area. Mr.
Merrell reviewed the zoning history of the area with regard
to General Plan designation, and discussed the access and
grading problems to the property.
Mr. Lawrence explained the need for the evergreen buffer
along the equestrian trail, and noted another alternative of
rerouting the trail entirely from its present location.
Council Discussion:
Council was generally opposed to the planting of tall trees
which would block the views on the equestrain trail. Council
agreed that additional alternatives for alignment of the
equestrian trail should be investigated and there was a
consensus that the Director of Community Planning and
Development be allowed flexibility with regard to finding the
best possible alignment of the equestrian trail, with a
report to be brought back for Council review.
Councilman Bland felt that the project as presently proposed
would not have a significant impact upon residents in the
Hunt Club and concurred with the applicant's suggestion of
introducing native species in the landscaping. Councilman
Friess felt that the City should control the grading in the
open space area and suggested that evaluations be made on a
case-by-case basis to allow flexibility. Councilman Buchheim
noted the potential problems with water runoff down slopes
and into the ravine and suggested that the ravine be
stabilized. Councilman Schwartze suggested an on-site visit
by the Council and requested that a large-scale map be ^I
provided. Mayor Hausdorfer stated strong opposition to any
more units taking access through the Marbella Golf and
Country Club other than the Marbella project and units
approved in this project.
Certification of Environmental Impact Report:
It was moved by Councilman Schwartze, seconded by Councilman
Bland, that the following Resolution be adopted:
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RESOLUTION NO 90-4-17-4 ENVIRONMENTAL IMPACT
REPORT 90-1 (BARKLEY) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CERTIFYING ENVIRONMENTAL IMPACT REPORT
90-1 AS COMPLETE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
Approving Rezone 89-2:
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 Buchheim,
seconded by Councilman Friess, that the following Ordinance
be introduced:
APPROVING REZONE 89-2 (MARBELLA TERRACE/BARKLEY) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP
ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE
ZONING OF LOT 38 OF TRACT 11753 FROM EL (25) LARGE
ESTATE TO SINGLE FAMILY - RS (20,000), RS (1), RS
(2), RS (3), AND RS (4) (L.P. BARKLEY AND
ASSOCIATES, INC.)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
Approving Residential Concept Plan and Vesting Tentative
Tract Map:
It was moved by Councilman Schwartze, seconded by Councilman
Bland, that the following Resolution be adopted as amended
relative to equestrian trails, limits of grading and
certification of rough grading prior to issuance of the first
building permit:
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RESOLUTION NO. 90-4-17-5, VESTING TENTATIVE TRACT
13846. BARKLEY - MARBELLA TERRACE - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A COMBINATION
VESTING TENTATIVE TRACT MAP AND RESIDENTIAL
CONCEPT PLAN FOR MARBELLA TERRACE (BARKLEY)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
Approval of Amendment to Residential Allocation Schedule:
It was moved by Councilman Bland, seconded by Councilman
Schwartze, that the following Resolution allocating 15
building permits in 1990 be adopted:
RESOLUTION NO. 90-4-17-6, AMENDMENT TO RESIDENTIAL
ALLOCATION SCHEDULE (BARKLEYI - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE RESIDENTIAL
ALLOCATION SCHEDULE RESOLUTION NO. 90-2-20-1, TO
ALLOCATE BUILDING PERMITS FOR THE BARKLEY MARBELLA
TERRACE PROJECT (VESTING TENTATIVE TRACT 13846)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 10:11 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 10:12 p.m.
ADMINISTRATIVE ITEMS
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CITY MANAGER
1. REQUEST FOR LICENSE AGREEMENT - 31351 AGUACATE ROAD (PAUL
BURKE) (600.30)
Written Communications:
(1) Report dated April 17, 1990, from the City Manager,
regarding a request from Paul and Rene Burke to
construct a chain link fence on the edge of a 60 -foot
wide portion of the City's equestrian and vehicle
easement which traverses the southwest boundary of
their property. Staff's recommendation is to deny the
request.
(2) Letter dated April 16, 1990, from Paul Burke requesting
continuation of the item.
2.
Continuation of Item:
As requested by the applicant, the item was continued to an
undetermined date.
written Communication:
Report dated April 17, 1990, from the Assistant City Manager,
regarding a request from Kinoshita Farms for the City to use
Agriculture Preservation Program fees to assist the farm in
its cost for purchasing Capistrano Valley Water District
water due to increasing financial hardship.
There was a consensus of Council that the agreement be
amended to provide for annual review.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, and unanimously carried that the Agreement for
Reimbursement of Expenses Incurred in Connection with Use of
San Juan Basin Authority Water Facilities and Capistrano
Valley Water District Facilities between the City and
Kinoshita Farms be approved, providing for reimbursement to
Kinoshita Farms of 50% of the monthly cost of the farm's
purchase of Capistrano Valley Water District water for
irrigation. The Agreement was modified to establish a one-
year term for the Agreement, with annual review.
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3. AMENDMENT TO STAFFING PLAN FOR COMMUNITY PLANNING AND
DEVELOPMENT DEPARTMENT (740.10)
Written Communication:
Report dated April 17, 1990, from the Assistant City Manager,
proposing that the two existing part-time Assistant Code
Enforcement Officer positions be converted into one full-time
Code Enforcement Officer position and that the contract for
code enforcement services be discontinued upon filling the
vacancy of the full-time position. The additional cost to
implement the conversion is $11,000, with savings in excess
of that amount to be realized in the future.
Approval of Full -Time Position:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, and unanimously carried that the establishment of a
full-time Code Enforcement Officer position with the Building
and Safety Division of the Community Planning and Development
Department be approved, with the elimination of the two
existing part-time Assistant Code Enforcement Officer
positions. The transfer of $11,000 was authorized from the
part-time salaries Account No. 01-6112-4313 to the full-time
salaries Account No. 01-6111-4313.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated April 17, 1990, from the Director of Community
Planning and Development advising that ten Intent to File for
Development Review applications were received by the City
since the last report of March 20, 1990.
The report was received and filed.
ADOPTION OF A SPECIFIC AMENDMENT TO ADMINISTRATIVELY DEFINE
THE BOARD OF APPEALS COMMITTEE (450.10)
written Communication:
Report dated April 17, 1990, from the Director of Community
Planning and Development, forwarding the proposed Ordinance 1
which would administratively define the Board of Appeals
Committee, which Board was approved by the Council on
December 5, 1989.
Introduction 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 Buchheim,
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seconded by Councilman Bland, that the following Ordinance
be introduced:
ESTABLISHING BOARD OF APPEALS RELATIVE TO BUILDING
OFFICIAL DECISIONS - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION
8-1.10 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
TO ESTABLISH A BOARD OF APPEALS RELATIVE TO
DECISIONS OF THE BUILDING OFFICIAL
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
3. INITIATION OF GENERAL PLANNING AMENDMENT TO DELETE PORTION
OF DESIGNATED RIDGELINE (DIFFLEY) (440.25)
Written Communication:
Report dated April 17, 1990, from the Director of Community
Planning and Development, forwarding a petition from David
Diffley asking for clarification of the precise location of
a General Plan -designated ridgeline for a parcel located on
the south side of San Juan Creek Road adjacent to Hidden
Valley.
Initiation of Amendment:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried that a General Plan
Amendment be initiated to clarify the precise location of a
General Plan -designated ridgeline on the Diffley property.
DIRECTOR OF PUBLIC WORKS
APPROVAL OF IMPROVEMENT AGREEMENT, REIMBURSEMENT AGREEMENT,
AND PARCEL MAP 87-153 (CAPISTRANO VALLEY TENNIS CLUB/BUNNELL)
(600.30/600.60/420.70)
Written Communications:
(1) Report dated April 17, 1990, from the Director of
Public Works, recommending approval of the final map
and Improvement Agreement in order to subdivide 16
acres of a 68 -acre property into two parcels (6 and 10
acres respectively), with a 52 -acre remainder parcel.
The 10 -acre parcel is to be developed into a tennis
club and the 6 -acre site into residential units.
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(2) Letter dated April 13, 1990, from the applicant, Cecil
Bunnell suggesting amendments to certain conditions of
approval.
Approval of Map and Agreements:
It was moved by Councilman Schwartze, seconded by Councilman
Bland, and carried with Councilman Buchheim abstaining that
the Improvement Agreement, Reimbursement Agreement, and final
Parcel Map 87-153 be approved based on the finding that the
Final Map is in conformance with the Subdivision Map Act and
City Council Resolution No. 89-11-21-5. The Mayor and Acting
City Clerk were authorized to executed the documents, and the
Acting City Clerk was directed to record said documents.
2. ACCEPTANCE OF OPEN SPACE - PARCEL MAP 87-153 (CAPISTRANO
VALLEY TENNIS CLUB/BUNNELL (420.70)
Written Communication:
(1) Report dated April 17, 1990, from the Director of
Public Works, forwarding the Grant Deed for the open
space parcel to be dedicated to the City as a condition
of approval of Tentative Parcel Map 87-153, which will
convey the subject property to the City upon the
approval and recordation of the Parcel Map.
Letter dated April 13, 1990, from the applicant, Cecil
Bunnell suggesting amendments to certain conditions of
approval.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Bland, that the following Resolution be adopted:
RESOLUTION_ NO 90-4-17-7. ACCEPTING OPEN SPACE
PARCEL - CAPISTRANO VALLEY TENNIS CLUB, PARCEL
MAP 87-153 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING THE OPEN SPACE PARCEL, PARCEL MAP
87-153, CAPISTRANO VALLEY TENNIS CLUB
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Friess, and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
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The Mayor and Acting City Clerk were authorized to execute
the grant deed for forwarding to the Orange County Recorder.
STONEHILL DRIVE EXTENSION - ADOPTION OF RESOLUTION DECLARING
A COUNTY ROAD (800.60)
Written Communication:
Report dated April 17, 1990, from the Director of Public
Works, noting the necessity for the City to declare the
extension portion of Stonehill Drive, from its current
terminus in Dana Point to Camino Capistrano, a County highway
during the period of right-of-way acquisition and
construction of the roadway and bridge by the County.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 90-4-17-8. DECLARING STONEHILL
DRIVE A COUNTY ROAD - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING STONEHILL DRIVE EXTENSION
A COUNTY ROAD DURING PERIOD OF RIGHT-OF-WAY
ACQUISITION AND CONSTRUCTION OF ROADWAY AND BRIDGE
BY COUNTY OF ORANGE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
4. SETTING OF PUBLIC HEARING DATE - VACATION OF EQUESTRIAN
EASEMENT/LAVE TRACT 9795 (670.50)
Written Communication:
Report dated April 17, 1990, from the Director of Public
Works, recommending setting a public hearing for the Council
meeting of May 15, 1990, to address the proposed vacation of
the City -owned equestrian easement in the Love Tract area.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
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RESOLUTION NO. 90-4-17-9. INITIATING VACATION OF
EQUESTRIAN EASEMENT (TRACT 9795/L4DVE) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, INITIATING
PROCEEDINGS TO VACATE EQUESTRIAN EASEMENT AREA
(TRACT 9795/LOVE)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Friess, and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
DIRECTOR OF COMMUNITY SERVICES
1. ESTABLISHMENT OF COST RECOVERY FOR CITY -ISSUED ALCOHOL
PERMITS (585.15)
Written Communication:
Report dated April 17, 1990, from the Director of Community
Services, recommending that a fee of $25 be charged to those
who apply for permits to serve alcoholic beverages in a City
building or park in order to recover a portion of the cost
of reviewing and processing the applications.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 90-4-17-10, ESTABLISHING COST
RECOVERY FEES FOR CITY -ISSUED ALCOHOLIC BEVERAGE
PERMITS - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTAB-
LISHING COST RECOVERY FEES FOR CITY -ISSUED
ALCOHOLIC BEVERAGE PERMITS
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
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COUNCILMANIC ITEMS
1. ACCEPTANCE OF RESIGNATION AND DECLARATION OF VACANCY
(MARGARET COGDELL. ECONOMIC DEVELOPMENT COMMISSION (110.20)
Written Communication:
Report dated April 17, 1989, from the Council Services
Manager forwarding the letter of resignation from Margaret
Cogdell.
Acceptance of Resianation/Declaration of Vacancy:
It was moved by Councilman Schwartze, seconded by Councilman
Bland, and unanimously carried to accept the resignation of
Margaret Cogdell from the Economic Development Commission
and to declare the position vacant. Staff was directed to
prepare appropriate documents to commend Ms. Cogdell for her
community service. The City Clerk was directed to post
notices of the vacancy and to advertise for applications for
the position in June 1990.
2. RESOLUTION SUPPORTING PROPOSITION 111 - JUNE 1990 ELECTION
(GAS TAX) (660.40)
Written Communication:
Report dated April 17, 1990, from the City Manager,
forwarding a request from the League of California Cities for
the City to adopt a resolution supporting the passage of
Proposition 111, the Traffic Congestion Relief and Spending
Limitation Act of 1990 on the June 1990 ballot. Passage of
the proposition would revise the spending limit calculations
for local government and the state, allow for increases in
vehicle fuel taxes and truck weight fees to fund state,
county, and city transportation improvements, and revise the
school funding initiative passed in 1988 to balance the
state's educational needs with the needs of other state
seryices .
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 90-4-17-11, SUPPORTING PASSAGE OF
PROPOSITION 111 ON JUNE 1990 BALLOT - TRAFFIC
CONGESTION RELIEF AND SPENDING LIMITATION ACT -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING THE
PASSAGE OF PROPOSITION 111 ON THE JUNE, 1990,
BALLOT - THE TRAFFIC CONGESTION RELIEF AND
SPENDING LIMITATION ACT OF 1990
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None l
3. ORAL REPORTS OF OUTSIDE AGENCIES
a. Southeast Regional Reclamation Authority (1040.60)
Councilman Buchheim noted the next meeting scheduled
for April 18, 1990.
b. Integrated Waste Mamagement Commission (810.10)
Councilman Bland noted the change in the agency's name
to Integrated Waste Management Commission. The agency
will discuss truck parking at county landfill sites and
position statement as part of the GSA. Mayor
Hausdorfer requested that a summary of the City's
recycling efforts be agendized so as to generate
publicity for the program. Councilman Schwartze
requested that a letter be prepared to adjacent cities
regarding the formation of a joint powers authority to
deal with the issues at the Prima Descheca site on a
regional basis.
C. League of California Cities (140.20)
Mayor Hausdorfer stated he would be attending the
League meeting on April 19, 1990, in Councilman
Schwartze's absence.
COUNCIL COMMENTS
1. COMMUNITY PRIDE AWARD (610.30)
Councilman Bland suggested that the Mayor's Community Pride
Award be revitalized, and staff was directed to continue the r^,
program beginning this year. It was the consensus of the
Council that Councilman Bland be appointed to serve on the
committee.
2. WATER SERVICES (1050.10),
Councilman Friess requested that the City and Water District
staff coordinate on "Will Serve Letters," with a submitted
to Council in May.
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CLOSED SESSION
Council recessed to a Closed Session at 10:30 p.m. for discussion
of personnel matters, the Deputy City Clerk being excused
therefrom, and reconvened at 11:15 p.m.
There being no further business before the Council, the meeting
was adjourned at 11:15 p.m. to the next regular meeting date of
Tuesday, May 1, 1990, at 7:00 p.m. in the City Council Chamber.
L. HAUSDORFER,
ly /submitted,
CITY CLERK
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