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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