88-0920_CC_Minutes_Regular Meeting302
SEPTEMBER 20, 1988
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
Doran Tregarthen, St. Margaret of Scotland Episcopal Church.
DEDICATION OF MEETING
Mayor Hausdorfer dedicated the meeting to the memory of Helena McKee, who died
September 11th. Mrs. McKee had been President of the Senior Citizen's Club in 1986.
Council expressed condolences to Mrs. McKee's family.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Lawrence F. Buchheim, Mayor pro tem
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann Hanover, City Clerk;
John R. Shaw, City Attorney; Robert G. Boone, 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, Recording Secretary.
MINUTES
Regular Meeting of September 6, 1988:
It was moved by Councilman Friess, seconded by Councilman Buchheim, that the Minutes
of the Regular Meeting of September 6, 1988, be approved as submitted. The motion
carried by the following vote:
AYES: Councilmen Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Schwartze
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that all
Ordinances be read by title only. The motion carried by the following vote:
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AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
PRESENTATIONS AND COMMENDATIONS
RECOGNITION OF OUTSTANDING EMPLOYEES 1987-88 (730.90)
Written Communications:
Report dated September 20, 1988, from the City Manager, advising that the
following 14 employees had been selected to receive the $1,000 Employee
Performance Award:
Julie Arvizu, Secretary
Bob Banda, Maintenance Worker
Nancy Barney, Administrative Secretary
Cathleen DuCoing, Senior Engineering Aide
Daniel Fox, Assistant Planner
Jack Galaviz, Lead Maintenance Worker
Ed Green Lead Maintenance Worker
Diane Harrison, Secretary
Tad Keelin, Graphics Illustrator
Mary Laub, Building & Zoning Assistant
Harold Muckey, Building Plan Examiner
Brian Perry, Associate civil Engineer
Dawn Schanderl, Records Coordinator
Barbara Sutherland, Accounting Technician
The 14 employees were present and joined Mayor Hausdorfer on the dais to receive
the Awards.
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, Friess, Buchheim
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (300
The List of Demands dated September 8, 1988, in the total amount of $240,188.72,
was approved as submitted.
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2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of August 31, 1988, in the total
amount of $19,604,826.39, 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 August 31, 1988, was approved as submitted.
4. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated September 29, 1988, from the Secretary of the Architectural
Board of Review, regarding actions taken at the meeting of September 7, 1988, was
ordered received and filed.
5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated September 20, 1988, from the Secretary of the Equestrian
Commission, regarding actions taken at the meeting of September 12, 1988, was
ordered received and filed.
6. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated September 20, 1988, from the Secretary of the Planning
Commission, regarding actions taken at the meeting of September 13, 1988, was
ordered received and filed.
7. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
The Report dated September 20, 1988, from the Secretary of the Traffic and
Transportation Commission, regarding actions taken at the meetings of August 10
and August 24, 1988, was ordered received and filed.
8. APPL
NATE BILL 821 FUNDS -
As set forth in the report dated September 20, 1988, from the Director of Public
Works, the following Resolution was adopted:
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CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE APPLICATION FOR WHEELCHAIR
ACCESS RAMP FUNDS UNDER SENATE BILL 821 AND
APPROVING THE ADOPTION OF WHEELCHAIR ACCESS RAMP
PLAN
The Resolution approved the application for the City's proportionate share of Senate
Bill 821 funds amounting to approximately $7,790. If funding is received, wheelchair
ramps will be installed at Via Belardes and Del Obispo Street; and, Caile Reynalda
and Del Obispo Street. The Resolution adopted the Wheelchair Access Ramp Plan
for the City.
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9. AWARD OF CONTRACT - PHASE I
As set forth in the report dated September 20, 1988, from the Director of Public
Works, the contract for the second phase of the street light conversion project,
wherein the remaining mercury vapor lamps will be converted to high pressure
sodium vapor lamps, was awarded to Sierra Pacific Electric Contracting of
Riverside, in the amount of $116,983. The Mayor and City Clerk were authorized to
execute the contract on behalf of the City.
PUBLIC HEARINGS
REVIEW OF DEVELOPMENT AGREEMENT
MARBELLA DEVELOPMENT COMPANY 600.30)
This item was continued from the meeting of September 6, 1988. Due to a conflict
of interest, Councilmen Buchheim and Friess left the Chamber.
Written Communications:
Report dated September 6, 1988, and resubmitted September 20, 1988.
Exhibits were on display and the Director of Community Planning and Development
made an oral presentation.
Public Hearing:
Nc*:ce having been given as required by law, Mayor Hausdorfer opened the Public
Hearing and the following person responded:
(1) Phil Jacoby, representing the Fairway Land Company, a general partner
of the Marbella Development Company, spoke in support of the
Agreement.
There being no further response, Mayor Hausdorfer closed the Hearing with the right
to re -open at any time.
Approval of Development Agreement:
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
Schwartze, seconded by Councilman Bland that the following Ordinance be
introduced:
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT FOR THE MARBELLA GOLF
AND COUNTRY CLUB PROJECT
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilmen Friess and Buchheim
ABSENT: None
The Ordinance found that the Development Agreement was consistent with all
elements of the City's General Plan and the Planned Community/Comprehensive
Development Plan zoning for the property. The environmental impact report
previously certified by the City Council was found to be adequate to serve as the
required environmental documentation for the agreement, and satisfied all
requirements of the California Environmental Quality Act. The Mayor and City
Clerk were authorized to execute the Agreement on behalf of the City for
forwarding to the Orange County Recorder's Office.
Councilmen Buchheim and Friess returned to the Chamber and resumed their duties.
RECESS AND RECONVENE
Council recessed at 7:28 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:43 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. OCTOBER COUNCIL MEETING SCHEDULE (610.25)
Written Communications:
Report dated September 20, 1988, from the City Manager, advising that there was a
conflict between the regular Council meeting schedule of October 18th, and the
League of California Cities Annual Conference scheduled to be held in San Diego
from October 16, 1988, through October 19, 1988. Staff requested direction
regarding the October 18th meeting.
Cancellation of Meeting:
It was moved by Councilman Friess, seconded by Councilman Schwartze and
unanimously carried that the meeting of October 18, 1988, will be cancelled.
CITY ATTORNEY
1. REPEAL OF MUNICIPAL CODE SECTION 9-3.608(b) - TEMPORARY
USES AND STRUCTURES FOR THE SALE OF FIREWORKS 420.30
Written Communications:
Report dated September 20, 1988, from the City Attorney, recommending that
Municipal Code Section 9-3.608(b), which regulated the temporary structures for the
sale of fireworks, be repealed to provide consistency with Council's previous action
to ban the sale of fireworks in the City.
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Approval of Municipal Code 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
Friess, seconded by Councilman Buchheim that the following Ordinance be
introduced:
CALIFORNIA, AMENDING SECTION 9-3.608 ENTITLED
'TEMPORARY USES AND STRUCTURES," OF ARTICLE 6,
"SUPPLEMENTAL DISTRICT REGULATIONS," OF TITLE 9 OF
THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. PROPOSED DEVELOPMENT PROJECTS (440.10)
2.
Written Communications:
Report dated September 20, 1988, from the Director of Community Planning and
Development, advising that no new development applications had been received by
the Community Planning Division since August 16, 1988.
With the consensus of Council, Mayor Hausdorfer ordered the report received and
filed.
Proposal:
Consideration of an appeal of the July 26, 1988, Planning Commission action to
approve the addition of a 2,936 -square -foot classroom at the existing Montessori
School on Rancho Viejo Road. The appeal was based on concerns that there was not
adequate notice; that expansion of the commercial nature of the school would affect
property value, use, and enjoyment; and, that there was not adequate buffering
between the two properties. The school is located on a 2 -acre parcel at 29402
Rancho Viejo Road and is surrounded by residential uses to the south and east;
vacant property to the north; and, Interstate 5 to the west. The property is zoned IP
(Public and Institutional).
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Appellant:
Gar Norleen, 2622 Alki Place, Anaheim, California 92806, owner of adjacent
residential property located at 29582 Spotted Bull Lane.
Applicant:
Mrs. Qudsia Roston, 29402 Rancho Viejo Road.
Written Communications:
Report dated September 20, 1988, from the Director of Community Planning and
Development, advising that the project was consistent with all applicable goals,
objectives and policies of the General Plan and with all applicable requirements of
the Land Use Code. The report advised that twelve trees were to be relocated to
the rear property line; six would be adjacent to the appellant's property. The
appellant requested a solid wall along the shared property line; staff felt that due to
the steepness of the slope, landscaping would be more effective.
Exhibits were on display and Diane Bathgate, Planning Assistant, discussed the three
issues that concerned the appellant. The Director of Community Planning and
Development advised that surrounding neighborhoods had been notified of hearings
at the Traffic and Transportation Commission and the Planning Commission level.
Only the appellant, applicant and architect had been notified of the appeal since it
focused on a property line dispute.
Public Input:
1 Michael Frasier, L8200 Yorba Linda Boulevard, Yorba Linda, project
architect, stated that a block wall would not be effective. He advised
that trees scheduled for removal would be relocated to the perimeter of
the property. Replacement in kind was required for any trees that did
not survive.
(2) George Grupe, 29542 Spotted Bull Lane, spoke on behalf of neighboring
residents and stated concern that adequate notification had not been
given. He stated that requirements had been placed on the school that
had never been completed.
(3) Gar Norleen, 22622 ALki Place, appellant, stated his concerns regarding
potential liability and cited the location of the fence which prompted
his concern.
Council Discussion:
Councilman Buchheim stated a desire to review the property and the fence in
question and to allow time for additional notification. Councilman Bland stated that
the notification question was not sufficient reason to continue the item.
Councilman Friess stated that the issues did not appear to be relevant to the school
or its addition.
Confirming Planning Commission Approval:
It was moved by Councilman Bland, seconded by Councilman Schwartze that the
following Resolution be adopted:
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3.
4.
APPEAL
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING
APPEAL AND CONFIRMING PLANNING COMMISSION APPROVAL
OF ARCHITECTURAL CONTROL 88-3 FOR A CLASSROOM
ADDITION (BOSTON/NORLEEN)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess,
Bland, and Mayor Hausdorfer
NOES: Councilman Buchheim
ABSENT: None
Staff was directed to contact Mr. Grupe regarding notification.
NTING OF
Written Communications:
Report dated September 20, 1988, from the Director of Community Planning and
Development, forwarding a draft of the proposed City Brochure and an agreement
with Hawkins Advertising Agency to print 5,000 copies. The report advised that the
cost for printing the 5,000 copies was $21,200. Funds in the amount of $8,000 had
been budgeted in the Community Development Division budget. Staff requested an
appropriation of $13,200 from the General Fund to cover the cost of the contract.
Approval of Brochure/ gement/General fund Appropriation:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to approve the City Brochure; appropriate $13,200 from the
General Fund to cover the printing costs; and, approve the agreement with Hawkins
Advertising Agency of Corona Del Mar, in the amount of $21,200 to print 5,000
copies of the Brochure. The Mayor and City Clerk were authorized to execute the
agreement on behalf of the City.
Due to a conflict of interest, Councilman Schwartze left the Chamber.
Proposal:
Determination of the most appropriate method of preserving open space in
perpetuity in the event that the existing Williamson Act contract on Lot 64, Tract
9382, is cancelled. Approval of Tract 9382 (Belford Terrace) created a 42 -acre lot
known as Lot 64. A condition of tract approval required execution of an agreement
for the transfer to the City of development rights and/or the entering into of a
Williamson Act -type agreement in order to maintain the open space and/or the
agricultural nature of the area. On September 5, 1979, Robert Maurer executed a
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Williamson Act agreement. Development plans have been submitted to further
subdivide Lot 64 into 11 parcels, which would require cancellation of the Williamson
Act contract and substitution of a different form of open space preservation for the
remaining open space area. The applicant requested direction from Council for
ultimate preservation of the open space so formal processing of development plans
may continue. The property is located north of the Belford Terrace development
and south of the Marbella development. The property is presently zoned GM(35)
(Growth Management, minimum lot size 35 acres). The applicant requested a rezone
to EL (Large Estate) and cancellation of the Williamson Act agreement. It was
proposed that approximately 30 acres of the 42 -acre parcel would remain in natural
open space.
Applicant:
Robert Maurer, Coral Properties, 14841 Yorba Street, Tustin, 92680.
Property Owner:
Keith Properties, 200 Baker Street, Costa Mesa, 92626.
Written Communications:
Report dated September 20, 1988, from the Director of Community Planning and
Development, advising that the applicant suggested that a new agreement be
implemented to allow for a total of 11 units on the 42 -acre parcel; the Williamson
Act agreement allowed one primary dwelling unit and related accessory structures.
The report set forth alternatives for preserving major open space features of the
property such as open space easements and development rights; creation of a
common lot; dedication of open space lots; and, additional open space easements
over individual lots. The report advised that staff and the applicant supported
dedication of the upper portion of the property, including the ridgeline; and, open
space easements over the area not included in the building pad area for each of the
lots.
Exhibits were on display and the Director of Community Planning and Development
provided a history of the project. Discussion ensued regarding the Council's
discretionary ability to consider options other than an agreement for the transfer of
development rights to the City. The City Attorney advised that the applicant was
proposing a new subdivision and in doing so was asking the Council to modify a
previous approval, which opened up total discretion on the Council's part.
Public Input:
1 Roger Grable, Attorney with Rutan and Tucker, representing Mr.
Maurer, discussed the issue of compensation; advised that a Notice of
Non -Renewal of the Williamson Act contract had been filed and the
contract would expire 10 years from January, 1989; and, stated that
uses authorized under the Williamson Act could be more intrusive than
the 3 homes which would take access through Belford Terrace.
(2) Robert Maurer, applicant, stated that
remain in open space. He agreed with
11 acres along the ridgeline, with the
restricted.
in
approximately 32 acres would
the concept of dedication of the
remaining open space to be deed
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(3) Michael Lopez, 31141 Santa Margarita Place, stated concerns about the
hillside development, noting he had been assured there would be at most
one home built there. He requested that Council uphold the current
agreement.
(4) Sheldon Cohen, 31162 Casa Grande Drive, cited lack of notification;
stated that there was no ambiguity in the Williamson Act contract
requiring another agreement; and, requested that Council adhere to
what was agreed to in 1979.
(5) Jack Mannix, 31161 Casa Grande Drive, cited expansive soil problems in
the tract and the desire to have agricultural uses on the hill.
(6) Bill Pasavanti, 31201 Casa Grande Drive, stated he had been assured
that only one home would be built on the lot.
(7) Frank Kendrick, 31171 Harmony Hall Court, stated he had been told the
area would be open space in perpetuity. He requested Council not lose
site of the original concept of maintaining this area in open space.
Council discussed the ways the area could be maintained in open space. Councilman
Friess noted serious problems with the eucalyptus trees on the site. He stated
strong feelings that open space should be acquired in fee whenever possible.
Dedication in Fee/Easements:
It was moved by Councilman Friess, seconded by Councilman Buchheim and
unanimously carried, with Councilman Schwartze absent, to give direction to the
Planning Commission that the 11 acres on the ridgeline were to be dedicated in fee
and the remaining property outside the building pad area would be in open space
easements. The motion carried unanimously.
Councilman Schwartze returned to the meeting.
COUNCILMANIC ITEMS
1. APPOINTMENT OF ONE MEMBER TO THE ARCHITECTURAL
BOARD OF REVIEW 110.20
Written Communications:
Report dated September 20, 1988, from the Senior Management Assistant, advising
that four applications had been received.
Appointment of Jerry Harris/Vacancy on Parks and Recreation Commission:
Councilman Buchheim nominated Jerry Harris. There being no further nominations,
nominations were closed and it was moved by Councilman Bland, seconded by
Councilman Friess and unanimously carried to appoint Jerry Harris to fill the
vacancy on the Architectural Board of Review. A vacancy was declared on the
Parks and Recreation Commission and staff was authorized to advertise for
applications to fill the vacancy. The duties, charges and functions of the Cultural
Arts and Heritage Commission will be reviewed as time permits. Reappointment of
members is to be scheduled for the next Council meeting.
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ORAL REPORTS OF OUTSIDE AGENCIES
Capistrano Valley Wastewater Authority (1040.60):
Councilman Buchheim advised that Mike McNamara, Bond Agent for the Authority,
had made a presentation; the Request for Proposal for a Bond Counsel had been
reviewed.
was continuing.
Foothill/Eastern Transportation Corridor (800.50):
Mayor Hausdorfer advised that the financing plan was moving ahead and the
Corridor Agencies had gone on record in opposition to any Transportation Agency
consolidation.
San Joaquin Hills Transportation Corridor (800.50):
Councilman Friess advised that the location of the connection with the I-5 freeway
was fairly certain.
League ofaCalifornia Cities (140.20):
Councilmn Schwartze advised that Ron Bates, Mayor of Los Alamitos, was the
Second Vice President; advised that Orange County had expressed concerns
regarding the Southern California Association of Governments air quality
management plan; and, reported on the progress of the City/County Coordinating
Committee.
COUNCIL REMARKS
1. Social Services Center (585.50)
Finding for Consideration of Off -Agenda Item:
It was moved by Councilman Friess, seconded by Councilman Schwartze and
unanimously carried to find that this item was not available prior to publication of
the Council agenda and consideration was necessary at this time.
Appropriation of Funds:
It was moved by Councilman Friess, seconded by Councilman Buchheim and
unanimously carried to appropriate $17,000 as a 50 percent cost to continue the
Social Services operation, with the understanding that it will only be used if the
Board of Supervisors agrees to keep the office open for the balance of the fiscal
year. Neighboring cities are to be requested to provide a proportionate share of the
funding.
2. RED RIBBON WEEK (610.40)
Mayor Hausdorfer requested that a Proclamation designating Red Ribbon Week be
scheduled for the next Agency to highlight to war on drugs.
3. COMMUNITY FORUM (150.60)
Mayor Hausdorfer advised that the Community Forum scheduled for Thursday,
September 22, 1988, at 7:00 p.m., im the City Council Chamber.
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CLOSED SESSION
Council recessed to a Closed Session at 9:50 p.m., for discussion of legal matters, the
City Clerk being excused therefrom, and reconvened at 10:28 p.m. —
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:28
p.m., to the next regular meeting date of Tuesday, October 4, 1988, at 7:00 p.m., in the
City Council Chamber.
Respectfully submitted,
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