88-1206_CC_Minutes_Regular MeetingDECEMBER 6, 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 7:02 p.m., in the City
Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation
was given by Mrs. Miriam Nelson for her husband, Lee Nelson, Chairman of
Baha'i Community Church.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Lawrence F. Buchheim, Mayor pro tem
Kenneth E. Friess, Councilman
Phillip R. Schwartze, Councilman
ABSENT: Anthony L. Bland, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann Hanover, City Clerk;
John R. Shaw, City Attorney; George Scarborough, Assistant City Manager;
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; Nancy
Bernardi, Recording Secretary.
MINUTES
Regular Meeting of November 15, 1988:
It was moved by Councilman Schwartze, seconded by Councilman Friess, that the
Minutes of the Regular Meeting of November 15, 1988, be approved as submitted.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess,
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: Councilman Bland
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze,
all Ordinances be read by title only
vote:
seconded by Councilman Buchheim, that
The motion carried by the following
12/6/88
361
AYES:
NOES:
ABSENT:
ORAL COMMUNICATIONS
Councilmen Schwartze, Friess,
Buchheim, and Mayor Hausdorfer
None
Councilman Bland
Mayor Hausdorfer presented twenty Certificates of Commemoration to the adults
and children who attended the City -sponsored trip to Disneyland and suggested
that the program be scheduled as a yearly event for the City. In addition, he
encouraged community participation in the Toys for Tots Christmas drive.
CONSENT CALENDAR
It was moved by Councilman Buchheim, seconded by Council 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 Schwartze, Friess,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Bland
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated November 17, 1988, in the total amount of
$779,134.71, was approved as submitted.
2. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50)
The City Treasurer's Report of Cash Fund Balances for the month of June,
1988, in the total amount of $159,187.89, was approved as submitted.
3. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated December 6, 1988, from the Secretary of the Architec-
tural Board of Review, regarding actions taken at the meeting of November
16, 1988, was ordered received and filed.
4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION (910.60)
The Report dated December 6, 1988, from the Secretary of the Cultural
Arts and Heritage Commission, regarding actions taken at the meetings of
November 8, 1988, and November 17, 1988, was ordered received and filed.
-2-
12/6/88
5. REPORT OF ECONOMIC DEVELOPMENT COMMISSION (470.20)
The Report dated December 6, 1988, from the Secretary of the Economic
Development Commission, regarding actions taken at the meeting of
November 2, 1988, was ordered received and filed.
6. REPORT OF EQUESTRIAN COMMISSION (930.40)
The Reports dated December 6, 1988, from the Secretary of the Equestrian
Commission, regarding actions taken at the meeting of November 14, 1988,
and the Adjourned Regular Meeting of November 28, 1988, were ordered
received and filed.
7. REPORT OF LOS RIOS REVIEW COMMITTEE
The Report dated December 6, 1988, from the Secretary of the Los Rios
Review Committee, regarding actions taken at the meeting of November 17,
1988, was ordered received and filed.
8. REPORT OF PARKS AND RECREATION COMMISSION (920.20)
The Report dated December 6, 1988, from the Secretary of the Parks and
Recreation Commission, regarding actions taken at the meeting of November
21, 1988, was ordered received and filed.
9. REPORT OF PLANNING COMMISSION (440.40)
The Report dated December 6, 1988, from the Secretary of the Planning
Commission, regarding actions taken at the meeting of November 22, 1988,
was ordered received and filed.
10. REHABILITATION OF CAMINO CAPISTRANO, SOUTH CITY LIMITS TO 2,200 FEET
SOUTH OF SAN JUAN CREEK ROAD CAR WASH OCUTT 600.30
As set forth in the report dated December 6, 1988, from the Director of
Public Works, the plans and specifications were approved for the asphalt
concrete overlay of Camino Capistrano from the south City limits to 2,200
feet south of San Juan Creek Road. Funds were budgeted in the 1988-89
fiscal budget, with sufficient funds available for the construction of
the project. The estimated cost for the project was $297,640, and the
project is 50% funded by the Orange County Unified Transportation Trust
Fund (OCUTT), which has allocated $148,820, which must be encumbered by
August 31, 1989. Staff was authorized to call for bids.
11. PURCHASE OF CENTRAL IRRIGATION CONTROL SYSTEM (600.30)
As set forth in the report dated December 6, 1988, from the Director of
Public Works, the specifications for the purchase of a Central Computer
Controlled Irrigation System were approved, which will monitor and
control the application of irrigation water. Funds in the amount of
-3-
12/6/88
$120,000 were budgeted in the 1988-89 fiscal budget. Staff was author-
ized to call for bids.
12. 1989 WEED ABATEMENT PROGRAM (600.30)
As set forth in the report dated December 6, 1988, from the Director of
Public Works, the specifications for the 1989 Weed Abatement Program were
approved. All costs associated with private property abatements will be
assessed the individual landowners, including a 25% administrative
charge. Staff was authorized to call for bids.
13. AFFIRMATION OF
As set forth in the report dated December 6, 1988, from the City Clerk,
the Local Appointive List for commissions, boards, and committees was
affirmed for terms expiring in the 1989 calendar year. Also affirmed
were the three official posting places in the City and in the City
Clerk's Department.
PUBLIC HEARINGS
1. REQUEST FOR AMENDMENT TO SECTION _9-3.304 OF THE MUNICIPAL CODE AND REVIEW
Proposal:
This hearing was a continuation from the meeting of November 15, 1988.
Consideration of a modification to a request for a 7.75 acre expansion of
an existing recreational vehicle storage facility to the form of a
Conditional Use Permit. A code amendment is also being considered to
allow recreational vehicle storage facilities as a conditional use within
the General Agriculture (AG) District.
Applicants:
Thomas A. Forster, et al, P.O. Box 146, San Juan Capistrano, 92675;
Charles and Irene Vermuelen, 11591 Cielo, Santa Ana, 92705; and Martin
and Marion Scalzo, 522 South E1 Camino Real, San Clemente, 92672.
Written Communications:
Report dated December 6, 1988, from the Director of Community Planning _
and Development, recommending introduction of Ordinance No. 88-10-11 and
ratification of the Planning Commission's approval of the Conditional Use
Permit.
Exhibits were on display, and Tom Tomlinson made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer opened the
Public Hearing, and the following persons responded:
-4-
12/6/88
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer opened the
Public Hearing, and the following persons responded:
(1) The applicant, Tony Forster, outlined his mitigations to the
complaints received regarding the project from nearby residents and
asked for clarifica+ion on conditions in Resolution No. 88-10-11.
(2) Susan Rouse, 32742 Alipaz Street, spoke in opposition to the pro-
ject, citing concerns with project walls being only 3 to 8 feet from
residential homes, transients, creation of industrial atmosphere to
area, and applicant's noncompliance with previous problems.
There being no further response, Mayor Hausdorfer closed the hearing,
with the right to reopen at any time.
Council Discussion:
Concerns were raised regarding the location of the 24-hour caretaker on
the grounds, the wall/fence to be erected around the project, proximity
of project to neighboring homes, landscaping, annual review for compli-
ance by Planning Commission, and prohibited uses.
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 Friess and seconded by Councilman Buchheim that the
following Ordinance be introduced:
AL CODE. SECTION
ADDING SECTION 9-3.304(i) TO THE MUNICIPAL CODE TO INCLUDE
RECREATIONAL VEHICLE STORAGE FACILITY TO THE LIST OF
CONDITIONAL USES.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Bland
Approval of Conditional Use Permit 88-10:
It was moved by Councilman Buchheim and seconded by Councilman Friess to
ratify the action of the Planning Commission in approving Conditional Use
Permit 88-10 (Forster/Rancho Storage) with the following modifications to
Planning Commission Resolution No. 88-10-11:
-5-
12/6/88
L it
(1) Page 2, paragraph 3(e) is to be added, as follows:
3.e. Property held for commercial sale or any commercially held
vehicle is prohibited.
(2) Page 3, paragraph 7(b), shall read as follows:
7.b. Additional landscaping shall be placed at the ends of each
aisle in the existing and proposed areas as approved by the
Director of Community Planning and Development.
(3) Page 3, paragraph 9, Review for Compliance, shall read as follows:
9. The facility shall be reviewed in odd -numbered years by the
Director of Community Planning and Development and in even -
numbered years by the Planning Commission, with reports to be
submitted to both the Planning Commission and City Council.
The public shall be notified of this review and adjacent resi-
dents shall be provided opportunity to provide input. Should
there be any violation of the Municipal Code or unsatisfactory
compliance to any condition of this conditional use permit, the
Planning Commission shall be immediately informed and the item
scheduled for possible revocation of this conditional use
permit.
(4) Page 3, paragraph 11, "Expiration," shall read as follows:
11. This use permit shall become null and void five years from the
effective date of this approval.
(5) Page 3, paragraph 13, "Caretaker," shall read as follows:
13. A 24-hour caretaker with telephone access shall be installed on
the grounds, as approved by the Director of Community Planning
and Development.
The motion carried by the following vote:
2.
AYES: Councilmen Schwartze, Buchheim,
and Mayor Hausdorfer
NOES: Councilman Friess
ABSENT: Councilman Bland
OF TIME
LOCATED AT
Proposal:
Applicant has submitted a second request for a 12 -month extension to the
December 1, 1988, expiration date for the Tentative Parcel Map and to
amend Condition No. 11 for a subdivision from 1.8 acres into 2 parcels.
-6-
12/6/88
3•
Applicant:
Mrs. Martha Gresham, 27182 Ortega Highway, San Juan Capistrano.
Written Communications:
Report dated December 6, 1988, from the Director of Community Planning
and Development, recommending approval of Resolution No. 88-12-6 for a
time extension to the Tentative Parcel Map.
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 reopen at any time.
Approval of Extension of Tentative Parcel Map 85-328:
It was moved by Councilman Schwartze and seconded by Council Buchheim
that the following Resolution be adopted:
\unL`JRIfj - ! n1 ov Lvi1vY yr iRL` v1ii Ivvo 1L vx inL' Viii
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 85-328 (GRESHAM)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Buchheim,
and Mayor Hausdorfer
NOES: Councilman Friess
ABSENT: Councilman Bland
The Resolution extends the Tentative Parcel Map to December 6, 1989.
Councilman Schwartze left the Council Chambers due to a conflict of
interest.
Proposal:
Consideration of a request to create 11 residential lots and a rezone to
change the zoning from GM (35) (Growth Management) to EL 5 (Large
Estate), RS 20,000 (Residential Single -Family), and OS (Open Space),
Tentative Tract 13531, Rezone 88-5, and cancellation of the Williamson
Act Agreement that pertains to the property. In place of the Williamson
Act Agreement, the ridgeline area and portions of various lots would be
dedicated to the City in fee -title for preservation and other areas not
encompassed by building pads be placed within an open space conservation
easement.
-7-
12/6/88
7
Applicant/Property Owner:
Robert Maurer, Coral Properties, 14841 Yorba Street, Suite 203, Tustin,
92680.
Written Communications:
Report dated December 6, 1988, from the Director of Community Planning
and Development, stating concerns with cancellation of the Williamson Act
Agreement, potential grading and development consistency with City
standards, and type of zoning to be applied to the property. Planning
Commission Resolution No. 88-11-22-2 recommended that Lots 5, 7, and 8 be
deleted and the cul-de-sac shortened, the number of lots be reduced from
11 to 6, the ridgeline be preserved, Lot 12 be added and dedicated as
open space, no structures be allowed on south -facing slope, and that a
Focus Environmental Impact Report be prepared.
Exhibits were on display, and the City Planner presented the staff
report.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer opened the
Public Hearing and the following persons responded:
(1) Roger Grable, Rutan & Tucker, 611 Anton Blvd., Costa Mesa, spoke on
behalf of the applicant regarding the Williamson Act Agreement,
reduction of lots, and rumor of endangered species on property.
(2) Jim Rogers and Will Wheeler of Keith Companies, engineering firm for
applicant, 200 Baker Street, Costa Mesa, gave background on site
design.
(3) Sam Schleger, Manager, E1 Nido Mobile Estates, 27703 Ortega Highway,
San Juan Capistrano, spoke in opposition to the project due to
dissatisfaction with Mr. Maurer's previous developments.
(4) Frank Kendrick, 31171 Harmony Hall Court, San Juan Capistrano, spoke
in favor of retaining the Williamson Act Agreement and stated that
he believed the Nega+ive Declaration of the Environmental Impact
Report to be inaccurate. Mr. Kendrick feels he has strong evidence
that the spotted owl lives in the project area.
(5) Phillip Weissberg, Via San Vicente, San Juan Capistrano, spoke in
favor in upholding the provisions of Measure % regarding City
expansion.
(6) Jack Mannix, 31161 Casa Grande Drive, San Juan Capistrano, spoke in
favor of the City allowing only one lot on this property or going
with the recommendation of the Planning Commission.
(7) Bob Davies, 29391 Edgewood Road, San Juan Capistrano, spoke in
opposition to the number of lots proposed.
12/6/88
(8) Steven Walker, 31181 Harmony Hall Court, San Juan Capistrano, voiced
his agreement with citizens in opposition to the project and stated
his concurrence with the Planning Commission's recommendation.
(9) Sheldon Cohen, 31162 Casa Grande Drive, San Juan Capistrano, spoke
in favor of the Planning Commission's recommendation.
Mayor Hausdorfer closed the Hearing with the right to reopen at any
time.
Tentative Cancellation of Williams Act Agreement, Authorization to
Prepare Focused Environmental Impact Report:
It was moved by Councilman Friess and seconded by Councilman Buchheim
that:
1. The present Williamson Act Agreement is tentatively cancelled,
subject to preparation of a new agreement to secure the ultimate use
of the property by adoption of the following Resolution:
W11,1,1AMOV14 AUT ktlVT Oµ, ThAU'1' yjtsc/MAUAnA r1(Urt'it('1'1) — A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING TENTATIVE CANCELLATION
OF WILLIAMSON ACT CONTRACT (LOT 64, TRACT 9382/MAURER
PROPERTY)
and,
2. Staff is to prepare a Focused Environmental Impact Report and hire
an independent naturalist to determine whether the findings of the
Planning Commission concur with the findings of the Focused Environ-
mental Impact Report.
3. The present subdivision design is inappropriate for the property and
that the Vesting Tentative Tract Map be referred back to the Plan-
ning Commission for modifications as outlined in Planning Commission
Resolution No. 88-11-22-2.
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Bland and Schwartze
Councilman Schwartze returned to the Chambers.
12/6/88
X109
4. JOINT PUBLIC HEARING OF THE
CAPISTRANO AND THE SAN
Proposal:
In compliance with the Owner Participation Agreement with Stroscher Ranch
Properties, a joint public hearing with the City Council and Community
Redevelopment Agency was held to approve public improvements and funds
for same to the subject site.
Written Communications:
Report dated December 6, 1988, from the Director of Community Planning
and Development recommending adoption of the resolution approving the
Owner Participation Agreement with Stroscher Ranch Properties defining
the obligations of the Owner and the Agency, and recommending approval of
a budget adjustment providing an additional $165,000 to the Community
Redevelopment Agency Capital Improvement Budget.
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 reopen at any time.
Approval of Owner Participation Agreement:
It was moved by Councilman Buchheim and seconded by Councilman Friess
that the following Resolution be adopted:
RESOLUTION NO. 88-12-6-3, APPROVING OWNER PARTICIPATION
AGREEMENT - STROSCHER RANCH PROPERTIES - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO
APPROVING AN OWNER PARTICIPATION AGREEMENT WITH STROSCHER
RANCH PROPERTIES
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Bland
RECESS AND RECONVENE
Council recessed at 9:42 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 9:44 p.m.
-10-
12/6/88
370
ADMINISTRATIVE ITEMS
CITY CLERK
NOVEMBER 8, 1988, ELECTION - CERTIFICATION OF RESULTS OF MEASURE %
630.20
Written Communications:
Report dated December 6, 1988, from the City Clerk, recommending adoption
of the Resolution declaring the results of the November 8, 1988,
election, at which the Citizens' Sensible Growth and Traffic Control
Initiative was presented to the voters as Measure R.
Declaration of Results:
It was moved by Councilman Friess and seconded by Councilman Buchheim
that the following Resolution be adopted:
RESOLUTION NO. 88-12-6-4
RESULTS OF ELECTION. NOVEMBER 8. 1988
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECITING THE FACT OF THE SPECIAL
MUNICIPAL ELECTION HELD ON NOVEMBER 8, 1988, DECLARING THE
RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a Special Municipal Election was held and conducted in the
City of San Juan Capistrano, California, on Tuesday, November 8, 1988, as
required by law; and,
WHEREAS, notice of the election was given in time, form, and manner
as provided by law; that voting precincts were properly established; that
election officers were appointed and that in all respects the election was
held and conducted and the votes were cast, received, and canvassed and the
returns made and declared in time, form, and manner as required by the provi-
sions of the Elections Code of the State of California for the holding of
elections in general law cities; and,
WHEREAS, pursuant to Resolution No. 88-8-2-8 adopted August 2, 1988,
the Orange County Registrar of Voters canvassed the returns of the election
and certified the results to this City Council, the results are received,
attached, and made a part hereof as "Exhibit A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1.
That the whole number of votes cast in the City except absent voter
ballots was 9,873•
12/6/88
That the whole number of absent voter ballots cast in the City was
1,154, making a total of 11,027 votes cast in the City.
SECTION 2.
That the measure voted upon at the election is as follows:
Shall the Ordinance entitled
YES
Citizens' Sensible Growth and
Traffic Control Initiative be
adopted?
NO
SECTION 3.
That the number of votes given at each precinct and the number of
votes given in the City for and against the measure were as listed in Exhibit
"A" attached.
SECTION 4.
That as a result of the election, a majority of the voters voting on
the measure relating to the Citizens' Sensible Growth and Traffic Control
Initiative did vote in favor of it, and that the initiative was carried, and
shall be deemed adopted and ratified.
SECTION 5.
The City Clerk shall enter on the records of the City Council of the
City, a statement of the result of the election, showing:
1. The whole number of votes cast in the City;
2. The measure voted upon;
3. The number of votes given at each precinct for and against the
measure;
4. The number of votes given in the City for and against the _
measure.
SECTION 6.
That the City Clerk shall certify to the passage and adoption of
this Resolution and enter it into the book of original Resolutions.
-12-
12/6/88
372
PASSED, APPROVED, AND ADOPTED this 6th day of December, 1988.
/s/ Gary L. Hausdorfer
GARY L. HAUSDORFER, MAYOR
ATTEST:
/s/ Mary Ann Hanover
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ae
CITY OF SAN JUAN CAPISTRANO)
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 88-12-6-4, adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 6th day of
December, 1988, by the following vote:
AYES: Councilmen Schwartze, Friess,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Bland
(SEAL) /s/ Mary Ann Hanover
MARY ANN HANOVER, CITY CLERK
Pursuant to Elections Code Section 4013, the initiated Ordinance is
considered adopted upon declaration of the election results by the City
Council. Therefore, the following Ordinance is adopted:
ORDINANCE NO. 638, CITIZENS' SENSIBLE GROWTH AND TRAFFIC
CONTROL INITIATIVE - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING THE CITIZENS' SENSIBLE
GROWTH AND TRAFFIC CONTROL INITIATIVE
The Ordinance will be effective on December 10, 1988.
-13-
12/6/88
13-
12/6/88
1
7
EXHIBIT "A"
CITY CLERK'S CERTIFICATE OF CANVASS
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, County of
Orange, State of California, authorized by Resolution No. 88-8-2-8 adopted by the City _
Council on August 2, 1988, do certify that the Orange County Registrar of Voters has
canvassed the returns of the Special Municipal Election held on November 8, 1988, and
has found that the number of votes given at each precinct and the number of votes given
in the City for and against the measure were as follows:
MEASURE X - CITIZENS' SENSIBLE GROWTH AND TRAFFIC CONTROL INITIATIVE
PRECINCT NO.
YES
NO
TOTAL VOTES CAST
--
AT PRECINCT
E IN49-113
49-113
142
153
312
49-115
32
17
52
49-116
167
177
376
49-117
177
156
368
49-118
172
189
393
49-119
213
193
452
49-120
212
182
431
49-121
200
137
357
49-122
183
229
452
49-123
123
169
335
49-124
142
127
300
49-125
248
260
546
49-126
161
163
358
49-127
164
141
342
49-335
202
171
399
49-336
145
171
350
49-338
285
251
583
49-339
141
146
326
49-341
221
206
469
49-342
28
10
43
49-343
182
146
381
49-344
179
186
398
49-345
103
88
214
49-346
163
143
333
49-347
95
154
291
49-348
248
244
523
49-349
198
239
489
ABSENTEE
670
369
1,154 _
TOTAL VOTES CAST
5,196
4,817
11,027
Dated this 6th day of December, 1988.
MARY ANN HANOVER, CITY CLERK
-13a-
CITY MANAGER
OF MEASURE
ADOPTION
3'74
URGENCY
Written Communications:
Report dated December 6, 1988, from the City Manager recommending
establishment of a 45 -day moratorium period, ending January 20, 1989,
during which time a planning study will be conducted to determine the
methodology by which Measure % can be implemented. This study is to
determine the extent to which other existing provisions of the City's
General Plan and zoning provisions must be amended to conform to the
standards of Measure R. A public hearing is not required. During the
45 -day period, the City Council may extend the interim ordinance for up
to a period of 10 months and 15 days following a public hearing.
Adoption of Interim 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 Friese and seconded by Councilman Schwartze that the
following Interim Urgency Ordinance be adopted:
ORDINANCE NO. 639 - AN INTERIM URGENCY ORDINANCE
GOVERNMENT CODE SECTION 65858) OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REGARDING THE PROCESSING AND
APPROVAL OF APPLICATIONS FOR DEVELOPMENT APPROVALS SUBJECT
TO MEASURE R PENDING THE COMPLETION AND ADOPTION OF A
TRAFFIC AND DEVELOPMENT PLANNING REPORT
Section 3(d) was added, as follows:
3(d) The City Manager shall file weekly reports with the City
Council.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Bland
2. SELECTION AND AWARD OF CONTRACT FOR AMBULANCE SERVICE PROVIDER
Written Communications:
Report dated December 6, 1988, from the Senior Management Assistant,
stating that the contract for ambulance service awarded to Medix
Ambulance Service, Inc. in June of 1987 expires December 31, 1988. After
concluding the 1988 County Proposal Evaluation Process, the evaluation
panel recommended that the contract be awarded again to Medix Ambulance
-14-
12/6/88
14-
12/6/88
Service, with the obligation on the primary provider to provide secondary
backup in cases of emergency rather than the City establishing a secon-
dary emergency provider contract.
Approval of Agreement:
It was moved by Councilman Buchheim and seconded by Councilman Friess
that the Award of Contract for Ambulance Service Provider be awarded to
Medix Ambulance Service, Inc. for the period January 1, 1989, to December
31, 1992.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Bland
3. RATIFICATION OF LEASE AGREEMENT - JOEL CONGDON HOUSE (KINOSHITA) (600.30)
Written Communications:
Report dated December 6, 1988, from the Senior Management Assistant,
regarding the City's application for a five-year lease and grant funds in
the amount of $310,500 to the California Department of Parks and Recrea-
tion to stabilize and restore the Joel Congdon House, built in 1887 and
the oldest wooden house in the City.
Ratification of Lease Agreement:
It was moved by Council Buchheim and seconded by Councilman Schwartze
that the Agreement for the Lease of the Historic Joel Congdon House with
the Kinoshita family be ratified for the term of five years at a cost of
$1.00 per year.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Bland -
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. REQUEST TO CONSTRUCT EQUESTRIAN BARN AND ARENA WITHIN OPEN
,nV A nm emnuL+nTnr_V crmF. PLAN RR-Fi - 30081 HILLSIDE TI
-15-
12/6/88
15-
12/6/88
�•J
Written Communications:
Report dated December 6, 1988, from the Director of Community Planning
and Development, outlining the applicant's proposal to construct an
equestrian paddock and accessory structures and a horse arena on the
subject property. Tom Tomlinson presented the staff report, stating the
mitigation measures recommended by staff.
The applicants, Mr. and Mrs. Jerry Harper, 22525 Rio Aliso, E1 Toro,
92630, spoke regarding opposition to the roof line restriction recommen-
ded by staff and agreed ,to move back structures 5 feet. The applicants
also indicated they have received approval from all immediate neighbors
to their property.
Approval of Site Plan:
It was moved by Councilman Buchheim and seconded by Councilman Schwartze
that the development concept for equestrian use within the open space
easement be approved as proposed on the site plan, subject to the follow-
ing conditions:
(1) The site plan shall be reviewed and approved by the Planning Commis-
sion prior to issuance of building permits for the revised proposal.
(2) The applicant shall enter into an agreement with the City which
defines the scope and use of the property, and waives any liability
to the City within this development right easement area.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Buchheim,
and Mayor Hausdorfer
NOES: Councilman Friess
ABSENT: Councilman Bland
The applicants were urged to work with the Planning Commission and
Planning staff to soften impact of project and open space.
DIRECTOR OF PUBLIC WORKS
Written Communications:
Report dated December 6, 1988, from the Director of Public Works, recom-
mending acceptance of the Irrevocable Offers from Robert Wish and Raymond
Camero of hiking/equestrian easements on their respective properties.
Cost to the City is estimated to be between $1,800 and $3,300.
-16-
12/6/88
16-
12/6/88
2.
Acceptance of Irrevocable Offers of Dedication:
It was moved by Councilman Schwartze and seconded by Councilman Friess
that the Mayor and City Clerk be authorized to execute both of the
Irrevocable Offers of Dedication, and that the following Resolution be —
adopted:
OFFER OF
15 WISH AND PARCEL MAP 146/45 (CAMERO) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING IRREVOCABLE OFFERS OF DEDICATION FOR
HIKING AND EQUESTRIAN TRAIL PURPOSES WITHIN PARCEL 1 OF A
PARCEL MAP RECORDED IN BOOK 115, PAGES 14-15 (WISH), AND
PARCEL 2 OF A PARCEL MAP RECORDED IN BOOK 146, PAGE 45
(CAMERO)
The City Clerk is authorized to record the documents with the Orange
County Recorder.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess,
Buchheim, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Bland
S REPORT - CAMINO CAPISTF
4ING SOUTH OF A
Written Communications:
Report dated December 6, 1988, from the Director of Public Works regard-
ing the status of the Reimbursement Agreement with Chrysler Realty
Corporation for the widening and improvement of Camino Capistrano to
ultimate primary highway standards and reimbursement by Barwick Datsun
Agency for their portion of the improvements.
The report was receive and filed.
COUNCILMANIC ITEMS
1. APPOINTMENT OF ONE MEMBER TO THE TRAFFIC AND TRANSPORTATION COMMISSION
Written Communications:
Report dated December 6, 1988, from the Senior Management Assistant
advising of the current vacancy on the Traffic and Transportation Commis-
sion. It was decided that appointments for both the Traffic and
Transportation Commission and the Architectural Board of Review be
scheduled for the December 20, 1988, City Council Agenda.
-17-
12/6/88
3'78
2. REAPPOINTMENT OF CITY REPRESENTATIVE TO VECTOR CONTROL DISTRICT (JAROLD
B. COLE) (560.50
Written Communications:
Report dated December 6, 1988, from the Senior Management Assistant
recommending appointment of a representative to the County Vector Control
District.
It was moved by Council Buchheim, seconded by Councilman Friess, and
unanimously carried that Jarold B. Cole be reappointed as the City of San
Juan Capistrano's representative to the Orange County Vector Control
District Board of Trustees.
3. ACCEPTANCE OF RESIGNATION AND DECLARATION OF VACANCY (ANN
Written Communications:
Report dated December 6, 1988, from the Senior Management Assistant,
recommending acceptance of Ms. Schauwecker's resignation and declaration
of her position vacant.
It was moved by Councilman Schwartze, seconded by Councilman Friess, and
unanimously carried to accept Ms. Schauwecker's resignation and declare
her position to be vacant effective December 6, 1988; and to authorize
staff to advertise this vacancy and prepare appropriate documents to
commend Ms. Schauwecker on her community service.
COUNCIL REMARKS
1. MEASURE R/GENERAL PLAN
Councilman Friess spoke regarding the General Plan and community growth,
as they now relate to Measure R, citing Page 12 of the General Plan
Land Use Element. Because of a possible slowing down in the processing
of planning projects within the City, Mr. Friess warned of a potential
overburdening of City staff when projects are finally implemented. He
also urged citizen participation in reviewing the General Plan, as cited
on Page 33 of same, so that it reflects the goals and wishes of the
community. Mayor Hausdorfer suggested that a citizens' group be formed
for this purpose.
CLOSED SESSION
Council recessed to a Closed Session at 10:45 p.m. for discussion of personnel
and litigation matters, the Recording Secretary being excused therefrom, and
reconvened at 11:29 p.m.
6C:D
12/6/88
Cllr)
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned
at 11:29 p.m., to the next regular meeting date of Tuesday, December 20, 1988,
at 7:00 p.m. in the City Council Chamber.
Respectfully submitted
Mary Ann anover, City Clerk
ATTEST-
-19-
12 /6 /88