90-0515_CC_Minutes_Regular Meeting087
MAY 15, 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
7:01 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: 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 May 1, 1990:
It was moved by Councilman Bland, seconded by Councilman Buchheim,
that the Minutes of the Regular Meeting of May 1, 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.
-1-
5/15/90
PRESENTATIONS_ AND COMMENDATIONS
1. PROCLAMATION DESIGNATING MAY 20 THROUGH 26, 1990, AND
"NATIONAL PUBLIC WORKS WEEK" (610.40)
�l
Written Communication:
Report dated May 15, 1990, from the Director of Public Works,
forwarding the annual Proclamation honoring the services and
operations performed by the City's Public Works Department.
Presentation of Proclamation:
Mayor Hausdorfer read the Proclamation in full, and with the
consensus of Council, declared the week of May 20 through May
26, 1990, as Public Works Week. The Proclamation was
presented to William Murphy, Director of Public Works.
2. SPONSOR RECOGNITION - 1990 HERITAGE FESTIVAL (150.60)
Written Communication:
Report dated May 15, 1990, from the Director of Community
Services, noting the three major sponsors who participated
in the 1990 Heritage Festival: Nichols Institute ($2,000),
PayLess Drugs ($1,000), and Rancho Mission Viejo ($5,000).
Presentation of Awards:
On behalf of the City, Mayor Hausdorfer presented the
Community Service Awards to the sponsors in attendance:
Linda Cordova of Nichols Institute and Greg Payne of PayLess
Drugs.
CONSENT CALENDAR
It was moved by Councilman Bland, seconded by Councilman Buchheim,
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 May 3, 1990, in the total amount
of $1,633,224.67, was approved as submitted.
-2-
5/15/90
5
6.
V 8
CITY TREASURER'S REPORT OF INVESTMENTS (350.30
The City Treasurer's Report of Investments as of April 30,
1990, in the total amount of $22,626,315.50, was approved as
submitted.
REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated May 15, 1990, from the Director of Community
Planning and Development, regarding actions taken at the
meeting of May 2, 1990, was ordered received and filed.
REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated May 15, 1990, from the Director of Community
Planning and Development, regarding actions taken at the
meeting of April 26, 1990, was ordered received and filed.
REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated May 15, 1990, from the Director of Community
Planning and Development, regarding actions taken at the
meeting of May 8, 1990, was ordered received and filed.
CONSULTANT SERVICE AGREEMENT TO PERFORM CONSTRUCTION ENGIN-
EERING - TRABUCO CREEK BRIDGE WIDENING AT RANCHO VIEJO ROAD
(NBS/LOWRY) (600.30)
As set forth in the Report dated May 15, 1990, from the
Director of Public Works, the Agreement with NBS/Lowry to
review shop drawings for the widening of the Trabuco Creek
Bridge at Rancho Viejo Road on an as -needed basis was
approved, in an amount not to exceed $15,000. The Mayor and
City Clerk were directed to execute the Agreement.
ACCEPTANCE OF SEWER EASEMENT - NORTH OF SAN JUAN CREEK ROAD
AND WEST OF SAN JUAN HILLS GOLF COURSE (GLENFED) (670.50)
As set forth in the Report dated May 15,
Director of Public Works, the following
adopted accepting the easement deed from
for the existing sewer line located west
Hills Golf Course north of San Juan Creek
sewer purposes:
-3-
1990, from the
Resolution was
Glendale Federal
of the San Juan
Road for sanitary
5/15/90
RESOLUTION NO. 90-5-15-2. ACCEPTANCE OF SEWER EASEMENT
(GLENDALE FEDERAL) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING AN EASEMENT FOR SEWER PURPOSES LOCATED NORTH
OF SAN JUAN CREEK ROAD AND WEST OF THE SAN JUAN HILLS
GOLF COURSE (GLENDALE FEDERAL)
The City Clerk was directed to forward the deed to the Orange
County Recorder.
10. ACCEPTANCE OF SEWER AND UTILITY EASEMENTS - HILLTOP WAY
(CONRAD) (670.50)
As set forth in the Report dated May 15, 1990, from the
Director of Public Works, the Resolution following was
adopted accepting the easement deed from Ronald and Barbara
Conrad for sewer and utility purposes:
RESOLUTION NO 90-5-15-3. ACCEPTANCE OF SEWER AND
UTILITY EASEMENT 30552 HILLTOP WAY (CONRADI - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN EASEMENT
FOR SEWER AND UTILITY PURPOSES LOCATED AT 30552
HILLTOP WAY (CONRAD)
The City Clerk was directed to forward the deed to the Orange
County Recorder.
ACCEPTANCE OF SEWER EASEMENT - HIDDEN VALLEY, SOUTH PARCEL OF
RECORD SURVEY 66-37 (SOTELO) (670.50)
As set forth in the Report dated May 15, 1990, from the
Director of Public Works, the following Resolution was
adopted accepting the sewer easement for the south parcel of
RS 66-37 in Hidden Valley.
RESOLUTION NO 90-5-15-1. ACCEPTANCE OF SEWER
EASEMENT HIDDEN VALLEY (SOTELO) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ACCEPTING A SEWER EASEMENT
FOR THE SOUTH PARCEL OF RECORD OR SURVEY 66-37 IN
HIDDEN VALLEY (SOTELO)
-4-
5/15/90
091
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 directed to forward the document to the
Orange County Recorder.
SEWER LICENSE AGREEMENT - HIDDEN VALLEY, PARCEL 3, PARCEL MAP 1621
(JACQUELINE LEWIS STACK) (600.30)
As set forth in the Report dated May 15, 1990, from the
Director of Public Works, the License Agreement allowing Dr.
Lewis to construct a sewer lateral in the City sewer easement
across the three properties to the north of Hidden Valley
Parcel 3, Parcel Map 1621, was approved with Councilman
Friess abstaining. The Mayor and City Clerk were directed
to execute the Agreement, and the City Clerk was directed to
forward the document to the Orange County Recorder.
PUBLIC BEARINGS
1. PROPOSED VACATION OF EQUESTRIAN/HIKING EASEMENT (LOVE TRACT
9795) (670.50)
Proposal:
Consideration of an order to vacate the Aguacate Lane/Calle
Roberto equestrian/hiking trail easement pursuant to the City
being unable to obtain signatures from all property owners
on Aguacate Lane to an access agreement which would provide
full access to the trail system from Aguacate Lane.
Written Communication:
(1) Report dated May 15, 1990, from the Assistant to the
City Manager, summarizing the history of the easement
issue and noting that a portion of the easement area
bordering the Wiles -Schmidt -Cappello properties has been
resolved through a quitclaim process and is not a part
of the vacation process;
(2) Report dated May 15, 1990, from the Assistant to the
City Manager, recommending the vacation of the Aguacate
Lane publicly held easements due to the opposition of
one or more property owners of entering into the
-5-
5/15/90
Reciprocal Easement document (as required by the
adoption of Alternative No. 1 in January 1990 by the
City Council), which would provide for full access
rights among the Aguacate Lane owners;
(3) Petition dated January 12, 1989, signed by 16 residents
of the Love Tract requesting abandonment of the feeder
trail system and vacation of easements;
(4) Letter dated June 29, 1988, from John Giangardella,
26121 Calle Roberto, requesting that the City rezone the
subject properties for non -equestrian use and that the
feeder trail system be eliminated; and
(5) Letter dated May 11, 1990, Mark J. Dillon, Esq. of
Gatzke, Mispagel & Dillon, representing Mr. and Mrs.
Michael Buckley of 26182 Calle Roberto, requesting that
the public hearing be canceled, that the City issue a
stop work order for property owners constructing within
the subject easements, and that the City further
consider the vacation proceedings.
Exhibits were on display, and Jeffrey Parker made an oral
presentation, noting that the matter is categorically exempt
from CEQA review under several provisions of the State
Environmental Impact Report Guidelines.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and the following persons respon-
ded:
(1) Ed Groenendyke, 26112 Calle Roberto, also representing
John Giangardella, spoke in favor of the vacation of the
easement and asked for an immediate solution to the
matter.
(2) Gary Wiles, 26132 Calle Roberto, stated that the trail
has value to him and volunteered to maintain the spur
from his property to the trail system.
(3) Mike Buckley, 26182 Calle Roberto, spoke in favor of
maintaining access to the equestrian/hiking easement and
vacating the easement as it exists because of encroach-
ment problems on his property.
There being no further response, the hearing was declared
closed.
-6-
5/15/90
2.
Council Discussion:
It was noted that the vacation of the spur from
Mr. Groenendyke's property was included in the proposed
vacation Resolution, and Mr. Parker stated that Messrs.
Groenendyke and Wiles were not in agreement regarding this
spur. Councilman Schwartze noted that the vacation of the
easement would not prohibit Messrs. Groenendyke and Wiles
from working out a mutual relationship.
Adoption of Resolution:
It was moved by Councilman Bland, seconded by Councilman
Friess, that the following Resolution be adopted ordering the
vacation of the equestrian/hiking easement area (Love Tract),
as identified in the legal description and site plan attached
to the Resolution:
RESOLUTION NO. 90-5-15-4, VACATING EQUESTRIAN
EASEMENT, TRACT 9795 (LOVE TRACT) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ORDERING THE VACATION OF
EQUESTRIAN EASEMENT AREA, TRACT 9795 (LOVE TRACT)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Friess, and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
Proposal•
Consideration of a proposal to subdivide 34.2 acres into 12
single-family residential parcels plus a single remainder
parcel, located on the south side of San Juan Creek Road east
of La Novia Avenue. Also considered was a request to amend
the General Plan Map in order to clarify the precise location
of a major ridgeline.
Applicant/Property Owner:
Mr. David Diffley
4747 Edinburg Drive
Carlsbad, CA 92008
-7-
5/15/90
0 9
Written Communication:
Report dated May 15, 1990, from the Director of Community
Planning and Development, requesting that the matter be
continued to the meeting of June 5, 1990, in order to allow
staff additional time to explore the issues; letter dated May
10, 1990, from the applicant asking for the continuance.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing.
Continuation of Hearing:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried that the public hearing be
continued to the meeting of June 5, 1990.
It was the consensus of Council that testimony be received
concurrently on General Plan Amendment 90-3 and the resolution of
the Via Estelita and Avenida Evita feeder trail issues, which was
scheduled under Administrative Items, City Manager.
PROPOSED GENERAL PLAN AMENDMENT 90-03 - DELETION OF VIA
ESTELITA'S "COMMUTER" DESIGNATION FOR VIA ESTELITA BETWEEN
AGUACATE ROAD AND PEPPERTREE BEND (CIRCULATION ELEMENT)
(440.25)
Proposal:
Consideration of a proposed amendment to the General Plan to
eliminate the "commuter" designation of Via Estelita, which
would result in the construction of a cul-de-sac at the
present terminus and provide for a private road connecting
the Via Estelita cul-de-sac to Avenida Evita.
Written Communication:
Report dated May 15, 1990, from the Director of Community
Planning and Development, summarizing the issues of circula-
tion, municipal service impact, and General Plan consistency
and recommending that the amendment be approved.
RESOLUTION OF VIA ESTELITA AND AVENIDA EVITA FEEDER TRAIL ISSUES
(930.40)
Written Communication:
Report dated May 15, 1990, from the Assistant to the City
Manager, summarizing the four different alternatives,
including the advantages and disadvantages of each approach
and the preliminary cost information for installation and
maintenance.
-8-
5/15/90
095
Exhibits were on display, and William Ramsey, Senior Planner,
made an oral presentation, noting the receipt of several
letters from residents in the area in support of the proposed
amendment.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and the following persons
responded:
(1) Gary Marquis, 26081 Via Estelita (formerly the Jones
property), spoke in opposition to the location of the
cul-de-sac. Mr. Murphy indicated that the cul-de-sac
issue had been addressed separately and its location
already established.
(2) Dick Spaulding, 31611 Sacarama Lane, expressed his
desire to maintain the private access feeder trail into
the Peppertree Bend Trail and to restrict the lower
trail due to noise and liability concerns regarding off-
road vehicle use.
(3) Gary Hobbs, 31682 Avenida Evita, noted the residents'
request to construct a road connecting Avenida Evita to
Via Estelita and move the equestrian trail into the
Gregg -Pike area.
(4) Tom Lingo, 31682 Avenida Evita, spoke in opposition to
the proposed alignment of the equestrian trail which
abuts his property, which would eliminate seven orange
trees and be in close proximity to his garage.
(5) David Harding stated that he would donate part of his
property to having the trail go through to Peppertree
Bend.
(6) Bob Gregg, 31589 Sacarama Lane, spoke in favor of
staff's recommendations and Alternative #1 and noted the
necessity of removing the wall below his property in
order to use the Gregg -Pike Trail.
(7) Brad Taylor, 31652 Avenida Evita, expressed his desire
to privately fund the construction of a road connecting
Avenida Evita to Via Estelita.
(8) Bill McCook, 31593 Aguacate Road, spoke in support of
staff's recommendations and Alternative #1.
-9-
5/15/90
1 •.
(9) Ed Mazzarino, 31772 Avenida Evita, stated that it was
his understanding from the workshops held that the trail
would be eliminated.
There being no further input, the hearing was declared
closed.
Mr. Julian noted that a public road into the area would
include an equestrian trail, while a private road would not.
It was the consensus of Council that the intent of the Master
Plan was for a trail and a connecting road to Peppertree
Bend, emphasizing the importance of establishing a feeder
trail connection for areas zoned for equestrian use.
Certification of Negative Declaration and Adoption of
Resolution:
It was moved by Councilman Bland, seconded by Councilman
Friess, that the General Plan Amendment's Negative Declara-
tion be certified and that the following Resolution be
adopted:
RESOLUTION NO 90-5-15-5, GENERAL PLAN AMENDMENT
90-03 AMENDING CIRCULATION ELEMENT TO DELETE
COMMUTER DESIGNATION FOR VIA ESTELITA - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT 90-3, WHICH AMENDS THE GENERAL PLAN
CIRCULATION ELEMENT BY DELETING THE "COMMUTER"
DESIGNATION FOR VIA ESTELITA
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
Adoption of Trail Alignment:
It was moved by Councilman Bland, seconded by Councilman _
Schwartze, and unanimously carried that Alternative #1 be
adopted extending the Via Estelita Trail straight up Via
Estelita to connect to Peppertree Bend.
avc
5/15/90
097
4. PROPOSED AMENDMENTS TO THE MUNICIPAL CODE ADDING CHURCHES,
NONPROFIT ORGANIZATIONS, AND OFF-SITE PARKING FACILITIES AS
A TEMPORARY USE (420.30)
Proposal-
Consideration of a proposed amendment establishing new Code
provisions and revising Code regulations regarding temporary
uses and special activities permits. The amendment would
establish new decision-making authority for the Director of
Community Planning and Development and processing require-
ments for temporary uses, in addition to allowing for
consideration of temporary uses for religious, fraternal,
and nonprofit service organizations and off-site parking
facilities.
Written Communication:
Report dated May 15, 1990, from the Director of Community
Planning and Development, regarding the issues involved and
staff analysis.
William Ramsey, Senior Planner, made an oral presentation,
noting the issues of decision-making authority and land use
compatibility and the provision for a six-month extension for
temporary uses. Mr. Murphy indicated that the amendment
would apply in other areas other than religious uses as well.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and there being no response,
closed the hearing.
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 Bland,
seconded by Councilman Buchheim, that the following Ordinance
be introduced:
AMENDMENT TO SECTIONS 9-2.312, 9-3.608 AND 9-3.623
OF THE MUNICIPAL CODE - REGULATING TEMPORARY USES
AND STRUCTURES - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-
2.312, 9-3.608, AND 9-3.623 OF THE MUNICIPAL CODE
WITH REGARD TO PROVISIONS REGULATING TEMPORARY USES
AND STRUCTURES
-11-
5/15/90
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO 90-5-15-6. AMENDING APPENDIX "A".
DEFINITIONS - PARKING FACILITIES. OFF-SITE - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING APPENDIX "A",
DEFINITIONS BY ADDING "PARKING FACILITIES, OFF-
SITE"
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 8:27 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:32 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. APPROVAL OF AGREEMENT - SOUTH ORANGE COUNTY DRUG CONSORTIUM
(600.50)
written Communication:
Report dated May 15, 1990, from the Assistant City Manager,
regarding the tri -city effort (San Juan Capistrano, San
Clemente, and Dana Point, with the Sheriff's Department) to
address drug and alcohol issues on a regional basis by
forming a South Orange County Drug Prevention Consortium,
which activities would be funded by state and federal grant
monies. Staff recommended that the City contract with E. Del
-12-
5/15/90
Smith and Company to assist in pursuing available grant
funding for this purpose.
Approval of Concept and Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that:
(1) The concept of a regional, multi -city consortium be
approved to address drug and alcohol issues in South
Orange County; and
(2) That an agreement with E. Del Smith and Company be
approved for governmental relation services to assist
in obtaining grant funding for consortium activities.
In addition, staff was directed to investigate the referen-
ces offered by E. Del Smith and Company and to invite the
cities of Laguna Niguel and Mission Viejo to join the
consortium.
2. RESOLUTION REQUESTING FUNDING FOR AGRICULTURAL MANAGEMENT
PLAN (CALIFORNIA STATE COASTAL CONSERVANCY) (530.40)
Written Communication:
Report dated May 15, 1990, from the City Manager, regarding
the preparation of an Agricultural Management Plan in order
to obtain the Coastal Conservancy's assistance in the form
of a $10,000 grant for preserving the City's agricultural
usage.
Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 90-5-15-7. REOUESTING FUNDING
AGRICULTURAL MANAGEMENT PLAN - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REQUESTING FUNDING FROM THE CALIFORNIA
STATE COASTAL CONSERVANCY FOR THE DEVELOPMENT OF
AN AGRICULTURAL MANAGEMENT PLAN
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
-13-
5/15/90
3. FUNDING REQUEST - GRAD NITE (330.20)
Written Communication:
Report dated May 15, 1990, from the Council Services Manager,
forwarding a request for a contribution to the Dana Hills
High School Grad Nite program, which provides drug- and
alcohol -free celebrations for graduating high school seniors.
Janice Nikitin, 1 Pacific Crest, Laguna Niguel, Senior Parent
Representative from Dana Hills High School, summarized this
year's graduation activities.
Mayor Hausdorfer suggested that the committee submit the
funding request as a budget item for annual consideration as
a charitable contribution.
Authorization of Funding:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried that a one-time donation
in the amount of $150 each be authorized to Grad Nite
sponsors at Dana Hills High School, Capistrano Valley High
School, San Clemente High School, and St. Margaret's School.
4. REDUCTION OF BONDS TRACT 12954 (MARBELLA) (600.30)
Written Communication:
Report dated May 15, 1990, from the Assistant City Manager,
regarding a request from the Fairway Land Company, developer
of the subject tract, for a reduction in the surety bond from
$8,208,655 to $2,000,000 for the grading, landscaping, and
on-site improvements based on substantial completion of the
bonded work.
Approval of Bond Reduction:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried that the bond for grading,
landscaping, and on-site improvements for Fairway Land
Company be reduced to $2,000,000.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated May 15, 1990, from the Director of Community
Planning and Development advising that seven new project
applications were received by the City since the last report
of April 17, 1990.
-14-
5/15/90
101
The report was received and filed.
DIRECTOR OF PUBLIC WORKS
URGENCY MORATORIUM ORDINANCE - ALIPAZ EXTENSION GENERAL PLAN
AMENDMENT (ADOPTION) (440.25)
Written Communication:
Report dated May 15, 1990, from the Director of Public Works,
recommending that a 45 -day moratorium be imposed on the
processing of all new projects on properties along Trabuco
Creek in order to complete a land use -circulation study for
the area. The study will address different alternatives for
providing flood protection within the City.
Adoption of Urgency 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 Friess,
seconded by Councilman Schwartze, that the following Ordin-
ance be adopted imposing a 45 -day moratorium on processing
development review projects, expiring on June 29, 1990:
ORDINANCE NO. 664, MORATORIUM ON DEVELOPMENT
APPLICATIONS FOR PROPERTY WITHIN THE ALIPAZ
EXTENSION STUDY AREA - AN URGENCY ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, IMPOSING
A MORATORIUM ON THE PROCESSING OF DEVELOPMENT
APPLICATIONS FOR PROPERTY WITHIN THE ALIPAZ
EXTENSION STUDY AREA IN ACCORDANCE WITH SECTION
65858 OF THE CALIFORNIA GOVERNMENT CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland,
Friess, and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: None
STATUS REPORT - WISH/MOORE EQUESTRIAN TRAIL (670.40)
Written Communication:
Report dated May 15, 1990, from the Director of Public Works,
reporting that Mr. Wish's representative, Mr. Lynn Collins,
is scheduled to meet with staff and Mr. Wish the week of
May 14 to review maps and the proposed route, which property
-15-
5/15/90
is owned by both the Laguna Heights Homeowners Association
and Shea Homes.
Mr. Julian emphasized the importance of the matter being
resolved as quickly as possible.
Reouest for Statement:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that Mr. Wish be requested to
submit, prior to the June 19, 1990, Council meeting, a
written statement from the affected property owners as to
their willingness to grant some form of trail access across
their properties.
DIRECTOR OF COMMUNITY SERVICES
1. RESOLUTION REQUESTING 1989-90 ROBERTI-Z'BERG-HARRIS URBAN
OPEN SPACE AND RECREATION FUNDING (920.10)
Written Communication:
Report dated May 15, 1990, from the Director of Community
Services, requesting authorization to file for $12,199 in
1989-90 Roberti-Z'berg-Harris block grant funds for the
reconstruction of the Cook Park athletic field.
Adoption of Resolution:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO 90-5-15-8, APPROVING THE APPLICATION
FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS
URBAN OPEN SPACE AND RECREATION PROGRAM
(RECONSTRUCTION OF COOK PARK1 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION
FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS
URBAN OPEN SPACE AND RECREATION PROGRAM FOR THE
RECONSTRUCTION OF COOK PARK CIP 108
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: None
-16-
5/15/90
ORDINARCES
1.
_1 Ln^ AWM O_A I OG nV MUV 1 TATT I'. TTw 3
CODE - EQUESTRIAN DEVELOPMENT STANDARDS (ADOPTION) (420.30)
Written Communication:
Report dated May 15, 1990, from the Acting City Clerk,
advising that the Ordinance was introduced at the meeting of
May 1, 1990, 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 Friess,
seconded by Councilman Buchheim, that the following Ordinance
be adopted:
ORDINANCE NO. 665. AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - EQUESTRIAN STANDARDS - AN ORDIN-
ANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTIONS 9-4.106 AND 9-3.620
OF THE MUNICIPAL CODE MODIFYING THE PROVISIONS FOR
DEDICATION AND IMPROVEMENTS OF EQUESTRIAN/HIKING
TRAILS AND CHANGING THE DEVELOPMENT STANDARDS FOR
COMMERCIAL AND RESIDENTIAL EQUESTRIAN STABLES
The motion carried by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMANIC ITEMS
Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
None
Councilman Schwartze
None
1. COMMISSION REORGANIZATION (110.10)
Written Communication:
Report dated May 15, 1990, from the Assistant City Manager,
forwarding the recommendations of the Council's Ad Hoc
Committee modifying the duties and organization of the City's
commissions.
-17-
5/15/90
Mr. Scarborough made an oral presentation, noting that the
public hearing process may begin in June, 1990, to implement
the modifications and that all commissions will be allowed
to provide additional comments within the next month.
!1
Approval of Recommendations:
It was moved by Councilman Bland, seconded by Councilman
Friess, and unanimously carried that the recommendations of
the City Council Ad Hoc Committee be accepted modifying
duties and organization of the City's commissions and that
staff be directed to:
(1) Prepare ordinance amendments for Council consideration
at the June 19, 1990, City Council meeting which
incorporate the Committee's recommended modifications
for the Equestrian Commission, Traffic and Transporta-
tion Commission, Cultural Arts and Heritage Commission,
and Parks and Recreation Commission; and
(2) Initiate ordinance amendments which incorporate the Ad
Hoc Committee's recommendations regarding the Planning
Commission and Architectural Board of Review.
ORAL REPORTS OF OUTSIDE AGENCIES
a. Integrated Waste Management Commission (810.10)
Councilman Bland noted that with regard to the reloca-
tion of Solag Disposal to the Prima Descheca site: (1)
discussions were rescheduled to June 14, 1990; and (2)
a meeting is to be held with the Commission, the City,
Public Works Department, and Solag Disposal. Mayor
Hausdorfer directed the City Manager to draft a letter
prior to June 14 for the Mayor's signature requesting
the support of other cities in the south county region
for Solag's relocation.
b. Southeast Regional Reclamation Authority (1040.60)
Councilman Buchheim noted the approval of the budget for
this year for submittal to member agencies.
=I:n
5/15/90
105
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:05 p.m. to the next regular meeting date of
Tuesday, June 5, 1990, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
OV
GEO GE SCARB OUGH, ACTI ITY CLERK
ATTEST:
ARY L. AUSDORFER, OR
-19-
5/15/90