90-1002_CC_Minutes_Regular Meeting24-
OCTOBER 21 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
7:00 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: Gary L. Hausdorfer, Mayor
Lawrence F. Buchheim, Councilman
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
ABSENT: Phillip R. Schwartze, Councilman
(arrived at 7:20 p.m.)
STAFF PRESENT: Stephen B. Julian, City Manager; John R. Shaw,
City Attorney; George Scarborough, Assistant City Manager; Cheryl
Johnson, City Clerk; David Bentz, Director of Administrative
Services; Ray Wellington, Interim Director of Engineering and
Building Services; Ronald C. Sievers, Director of Public Lands and
Facilities; Thomas G. Merrell, Director of Planning Services;
Thomas L. Baker, Director of Community Services; Nancy Bernardi,
Recording Secretary.
MINUTES
Regular Meeting of September 18, 1990:
It was moved by Councilman Friess, seconded by Councilman Bland,
that the Minutes of the Regular Meeting of September 18, 1990, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Friess, seconded by Councilman Bland,
and unanimously carried vote that all Ordinances be read by title
only.
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PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION DESIGNATING OCTOBER 7 THROUGH OCTOBER 13, 1990,
AS "FIRE PREVENTION WEEK" (610.40)
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Written Communication:
Report dated October 2, 1990, from the City Clerk, forwarding
the Proclamation.
Presentation of Proclamation:
Mayor Hausdorfer read the Proclamation in full. Battalion
Chief Larry Drake was present to accept the Proclamation and
urged the public to attend the open house scheduled for
Saturday, October 13, 1990, from 9:00 a.m. to 4:00 p.m.
CONSENT CALENDAR
It was moved by Councilman Bland, seconded by Councilman Friess,
that the staff recommendations be accepted for the following items
listed on the Consent Calendar. The motion carried by the
following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated September 20, 1990, in the total
amount of $1,258,516.63, was approved as submitted.
2. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated October 2, 1990, from the Secretary of the
Equestrian Commission, regarding actions taken at the meeting
of September 10, 1990, was ordered received and filed.
3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20
The Report dated October 2, 1990, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of September 17, 1990, was ordered received and
filed.
4. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Reports dated October 2, 1990, from the Director of
Planning, regarding actions taken at the Special Public Joint
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Meeting with the Traffic and Transportation Commission of
September 20, 1990, and the regular meeting of September 25,
1990, were ordered received and filed.
5. DENIAL OF CLAIM - INDUSTRIAL INDEMNITY (DONNA DUCHARM)
(170.10)
The claim received by the City on September 5, 1990, from
Howard B. Reich, attorney from Industrial Indemnity Company,
on behalf of Mrs. Donna Ducharm, in the amount of $5,854.90,
for injuries allegedly sustained from a fall at the Depot
parking lot, was denied, as set forth in the report dated
October 2, 1990, from the City Attorney.
6. AMENDMENT TO THREE-YEAR PARTICIPATION AGREEMENT - COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM. 1990-93 (COUNTY OF ORANGE)
(600.50)
As set forth in the Report dated October 2, 1990, from the
City Manager, the following Resolution was adopted approving
the continuation of a three-year Cooperative Agreement with
the County of Orange for participation in the Community
Development Block Grant Program through 1993. This amended
Agreement incorporates two clauses added by the U.S. Depart-
ment of Housing and Urban Development since Council approval
of the Agreement on July 17, 1990:
RESOLUTION NO. 90-10-2-1. APPROVING THREE-YEAR
COOPERATION AGREEMENT AMENDMENT - COMMUNITY DEVEL-
OPMENT BLOCK GRANT PROGRAM, FISCAL YEARS 1991, 1992
AND 1993 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
THE AMENDMENT TO THE THREE-YEAR PARTICIPATION
AGREEMENT WITH THE COUNTY OF ORANGE FOR THE CITY'S
PARTICIPATION IN THE HOUSING AND COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM (THREE-YEAR
COOPERATION AGREEMENT AMENDMENT - FISCAL YEARS
1991, 1992, AND 1993)
The Mayor and City Clerk were authorized to execute the
agreement on behalf of the City.
PUBLIC HEARINGS
1. PROPOSED VACATION OF A PORTION OF A SEWER EASEMENT WITHIN IAT
222 OF TRACT 12954 - MARBELLA (FAIRWAY PROPERTIES. INC.)
(670.50)
Proposal:
Hearing held in accordance with the Resolution of Intent to
Vacate Sewer Easement adopted September 4, 1990, to consider
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vacation of a sewer easement which had been dedicated to the
City with the approval of the Final Map for Tract 12954.
Written Communication:
Report dated October 2, 1990, from the Interim Director of -�
Engineering and Building, noting that during design of the
system the sewer line had been relocated into the street
easements for Via Andalusia and Marbella Vista.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and there being no response,
closed the hearing.
Approval of Sewer Easement Vacation:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, that the following Resolution be adopted vacating
the unused sewer easement within Lot 222, Tract 12954:
RESOLUTION NO 90-10-2-2 APPROVING VACATION OF A
PORTION OF A SEWER EASEMENT - LOT 222, TRACT 12954,
AP #650-591-10 (MARBELLA) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ORDERING VACATION OF A PORTION OF AN
UNUSED SEWER EASEMENT WITHIN IAT 222 OF TRACT 12954
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
2. REZONE 89-06 AND TENTATIVE PARCEL MAP 89-393 (HINDIYEH)
(460.20/420.70)
Proposal:
Consideration of a request to rezone 1.86 acres from ES
(Small Estate) to 70 RS (Single Family) and to subdivide the
property into four lots. The property is located on the east
side of Country Hills Road approximately 300 feet south of _
Via Escolar.
Applicant/Property Owner:
Ahmad S. Hindiyeh
4192 Violet Lantern, Suite 1
Dana Point, CA 92629
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Written Communication:
Report dated October 2, 1990, from the Director of Planning,
summarizing the concerns of staff and proposed solutions
regarding vehicular access easement.
Exhibits were on display, which included revisions resulting
from recommendations made by the Planning Commission at their
meeting of August 28, 1990. Lynn Dosheery, Land Use Manager,
discussed the concerns expressed by surrounding property
owners regarding vehicular access to the new lots, potential
liability, misuse by students from the nearby high school,
and need for buffering between the proposed road and the rear
fence on the adjacent property. She advised that the
revised plans relocated the access road 20 feet to the east
of the adjacent property, in exchange for which the adjacent
property owner had agreed to quitclaim 20 feet along the
eastern property line to the applicant. The road will now
be located entirely on the applicant's property, eliminating
the liability issue and providing 25 feet of buffer space.
The applicant will relinquish rights to use the remaining
section of the easement for access. Affected property owners
had agreed to the revised plan. It was noted that the final
landscaping plan would be approved by the Director of
Planning and that through the CC&R's parking would be
prohibited and posted along the roadway.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and the following persons
responded in favor of the proposed project:
(1) Mr. Ahmad Hindiyeh, applicant, requested that Council
approve the request for rezone and subdivision.
There being no further response, Mayor Hausdorfer closed the
Hearing with the right to re -open at any time.
Approval of Rezone 89-6:
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 introduced:
APPROVING REZONE 89-06 (HINDIYEH) - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A REZONE FOR 1.86 ACRES OF LAND IDENTI-
FIED AS ASSESSOR'S PARCEL NO. 650-302-12 FROM ES
(SMALL ESTATE) DISTRICT TO 70 RS 20,000 (SINGLE
FAMILY) DISTRICT (HINDIYEH)
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The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland and
Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
Approval of Tentative Parcel Mao 89-393:
It was moved by Councilman Friess, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO 90-10-2-3, APPROVING TENTATIVE
PARCEL MAP 89-393 (HINDIYEH) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE
PARCEL MAP 89-393 (HINDIYEH)
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim, Bland,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
RECESS AND RECONVENE
Council recessed at 7:17 P.M. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:18 P.M.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. FORMATION OF COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE.
1991-92 (480.20)
written Communication:
Report dated October 2, 1990, from the Assistant to the City
Manager, recommending that a committee be formed to recommend
projects for Year 17 (Fiscal Year 1991-92) for the City's
Community Development Block Grant Community Participation
Program to benefit low- to moderate -income households.
Appointment of Committee Members:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that the following persons
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be appointed to the Community Development Block Grant
Committee for Fiscal Year 1991-92:
(1) Terry Dorse (Parks and Recreation Commission)
(2) Pamela Gibson (San Juan Capistrano Historical Society)
(3) Bill Hardy (Los Rios Review Committee)
(4) Gil Jones (Planning Commission)
(5) Jean LaBurn (Mobile Home Park Review Committee)
Councilman Schwartze arrived at 7:20 p.m.
DIRECTOR OF PLANNING SERVICES
1. AWARD OF AGREEMENT - TRABUCO CREEK/ALIPAZ TRAFFIC STUDY
(AUSTIN-FOUST) (600.30)
Written Communication:
Report dated October 2, 1990, from the Director of Community
Planning and Development, recommending that the firm of
Austin -Foust Associates be retained to prepare a detailed
traffic study for the Alipaz-Trabuco General Plan Study.
Award of Contract:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that the Consultant Services
Contract be approved with Austin -Foust Associates, in an
amount not to exceed $14,500, for the completion of the
Alipaz-Trabuco Traffic Analysis Study. The City Manager was
authorized to execute the document on behalf of the City.
DIRECTOR OF COMMUNITY SERVICES
1. RESOLUTION APPROVING REVISION TO PARK IN -LIEU FEES (420.20)
Written Communication:
Report dated October 2, 1990, from the Director of Community
Services, recommending the adoption of a revised in -lieu
schedule for subdivisions of 49 units or less.
Mr. Baker noted the increase was necessary to keep pace with
land values. It was indicated that the fees appear to be in
line with other communities and that the City has
consistently kept up with park in -lieu fees. The fees will
go to the Open Space Program to help improve the acquired
areas and to the maintenance and improvement of existing
parks.
Establishment of New Park In -Lieu Fee Schedule:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, that the following Resolution be adopted:
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RESOLUTION NO 90-10-2-4 APPROVING REVISION TO
PARK IN -LIEU FEES - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CITY RESOLUTION NO. 83-7-5-1
TO AMEND PARKS IN -LIEU OF DEDICATION FEES
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution set the following in -lieu fees for units in
subdivisions of 49 units or less:
Single -Family detached dwelling
units on individual lots $3,502 per unit
Attached units under
individual ownership $2,472 per unit
Apartments and mobile homes $1,959 per unit
COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. San Joaquin Hills Transportation Corridor (800.501
Councilman Friess announced the public hearings to
review the Corridor's Environmental Impact Report to be
held on Monday, October 29, 1990, at 7:00 p.m. at Laguna
Hills High School and on January 10, 1991, in Santa Ana.
He stressed the importance of participation by City
residents in this process. Copies of the EIR are on
file at City Hall and the City Library.
COUNCIL COMMENTS
1. TRAFFIC AND TRANSPORTATION COMMISSION VACANCY
It was noted that the vacancy on the Traffic and Transporta-
tion Commission was advertised and will be placed on the
Council agenda for the meeting of October 16, 1990.
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2. OPEN SPACE COMMITTEE_A 530.40
Mayor Hausdorfer expressed appreciation to staff and consul-
tants for the first meeting of the Open Space Committee held
last week. He urged that interested citizens attend the
Committee meetings on an ongoing basis.
CLOSED SESSION
Council recessed to a Closed Session at 7:30 p.m. for discussion
of personnel matters and property acquisition matters regarding
Open Space Bond properties (Kinoshita, Swanner, Williams, Hsiao),
the City Clerk being excused therefrom, and reconvened at 8:37
p.m.
There being no further business before the Council, the meeting
was adjourned at 8:37 p.m. to the next regular meeting date of
Tuesday, October 16, 1990, at 7:00 p.m. in the City Council
Chamber.
ATTEST:
G Y L HAUSDORFER, 7OR
Respectfully submitted,
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