92-0707_CC_Minutes_Regular MeetingJULY 7, 1992
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 Jones at 7:00
p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Roger
Boatman of the Community Christian Church.
ROLL CALL: PRESENT: Gil Jones, Mayor
Kenneth E. Friess, Councilman
Jerry Harris, Councilman
Gary L. Hausdorfer, Councilman
Jeff Vasquez, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Richard K.
Denhalter, City Attorney; Cheryl Johnson, City Clerk; George
Scarborough, Assistant City Manager; David Bentz, Director of
Administrative Services; William M. Huber, Director of Engineering
and Building Services; Thomas Tomlinson, Director of Planning
Services; Al King, Jr., Director of Community Services; Nancy
Bernardi, Recording Secretary.
DEDICATION OF MEETING
At the request of Councilman Hausdorfer, the meeting was dedicated
to the memory of Anne Schauwecker.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Friess, seconded by Councilman Harris,
and unanimously carried that all Ordinances be read by title only.
PRESENTATIONS AND COMMENDATIONS
1. AMERICAN PLANNING ASSOCIATION AWARD FOR OPEN SPACE MASTER
PLAN (530.40)
Written Communication:
Report dated July 7, 1992, from the Director of Planning
Services, announcing the City's receipt of the Comprehensive
Planning Award in the Outstanding Planning category, presen-
ted by the Orange County Section of the American Planning
Association on June 11, 1992, for the City's Open Space
Master Plan (OSMP).
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Mr. Tomlinson stated that he had accepted the award on behalf
of the City and expressed appreciation to Jerry Harris,
William Buckner, Vickee Donoho, Pauline Leonard, City staff,
and the consultant team for their efforts in developing the
OSMP. He noted the event scheduled for Thursday, July 9,
from 5:30 to 7:30 p.m. in the La Sala at the City Library,
where the award and OSMP will be on display.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
1. HISTORIC TOWN CENTER (400.20)
Anita Adkisson, 31211 Calle Del Campo, suggested that the
City hold workshops on the Historic Town Center Plan similar
to those held for the Open Space Master Plan.
2. VACANCY CONTROL (430.70)
Albert Simmons, 32302 Alipaz Street, Space 135, inquired when
the Council would take action on the subject of vacancy
control for the City's mobile home parks in view of recent
court rulings. Mr. Denhalter stated that he would be happy
to provide an analysis of the Lucas v. South Carolina Coastal
Commission court decision to the Council at a future meeting.
3. SOLID WASTE FRANCHISE (600.30)
Dolores Otting of 5 Star Rubbish Service, 2130 Canyon Drive,
Costa Mesa, spoke in response to a letter the company
received from the City Manager regarding their unsolicited
bid submitted to the Capistrano Unified School District.
Ms. Otting objected to the exclusive contract granted to
Solag Disposal by the City and stated that it would be less
expensive for the school district to contract with an
independent solid waste collection service.
Mr. Julian advised that the letter had been sent to notify
the company that the exclusive franchise with Solag Disposal
extended to the Capistrano Unified School District facilities
that were within the City boundaries.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, 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:
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AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. APPROVAL OF CITY COUNCIL MINUTES
a. Adiourned Regular Meeting of June 9. 1992
The Minutes of the Adjourned Regular Meeting of June 9,
1992, were approved as submitted. Councilman Hausdorfer
abstained due to his absence at that meeting.
b. Regular Meeting of June 16. 1992
The Minutes of the Regular Meeting of June 16, 1992,
were approved as submitted.
C. Adjourned Regular Meeting of June 23, 1992
The Minutes of the Adjourned Regular Meeting of June 23,
1992, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES
a. Adiourned Regular Meeting of June 9. 1992
The Minutes of the Adjourned Regular Meeting of June 9,
1992, were approved as submitted. Director Hausdorfer
abstained due to his absence at that meeting.
b. Regular Meeting of June 16, 1992
The Minutes of the Regular Meeting of June 16, 1992,
were approved as submitted.
C. Adiourned Regular Meeting of June 23 1992
The Minutes of the Adjourned Regular Meeting of June 23,
1992, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF JUNE 25 1992 (300 30)
The List of Demands dated June 25, 1992, in the total amount
of $2,003,908.63 was received and filed.
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4. RECEIVE AND FILE CASH BALANCES BY FUND FOR MAY 1992 (330.50)
The City Treasurer's Report of Cash Fund Balances for the
month of May 1992, was received and filed. _
5. REPORT OF EQUESTRIAN AND RECREATION TRAILS COMMISSION ACTIONS
(930.40)
The Report dated July 7, 1992, from the Director of Community
Services, regarding actions taken at the meeting of June 8,
1992, was ordered received and filed.
6. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated July 7, 1992, from the Director of Planning
Services, regarding actions taken at the meeting of June 25,
1992, was ordered received and filed.
7. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated July 7, 1992, from the Director of Community
Services, regarding actions taken at the meeting of June 25,
1992, was ordered received and filed.
8. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Reports dated July 7, 1992, from the Director of Planning
Services, regarding actions taken at the meetings of June 9
and June 23, 1992, were ordered received and filed.
9. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(590.20)
The Report dated July 7, 1992, from the Director of Engineer-
ing and Building, regarding actions taken at the meetings of
April 8 and May 13, 1992, was ordered received and filed.
10. ACCEPTANCE OF CONSTRUCTION LICENSE AGREEMENT - SACARAMA AREA
STORM DRAIN (DE SANTIAGO) (600.30).
As set forth in the Report dated July 7, 1992, from the
Director of Engineering and Building, the Construction
License Ag ement was approved with Frank de Santiago to
permit construction work on the de Santiago property outside
City easements by the City's contractor for the Sacarama Area
Storm Dr in Project. The Mayor and the City Clerk were
authori ed to execute the document on behalf of the City.
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11. RESOLUTION. NOTICE OF COMPLETION, ACCEPTANCE OF IMPROVEMENTS,
RELEASE OF SURETY - TRACTS 12827 AND 12830 (GLENFED DEVELOP-
MENT/AREA F/LOMA VISTA) (600.30)
As set forth in the Report dated July 7, 1991, from the
Director of Engineering and Building, the following Resolu-
tion was adopted accepting public and private street, sewer,
and storm drain improvements within Tracts 12827 and 12830:
RESOLUTION NO. 92-7-7-2. COMPLETION OF PUBLIC AND
PRIVATE IMPROVEMENTS, TRACTS 12827 AND 12830
(GLENFED DEVELOPMENT) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
PUBLIC STREETS, SEWER, AND STORM DRAINS AND
PRIVATE STREETS - TRACTS 12827 AND 12830 (GLENFED
DEVELOPMENT)
The Resolution accepted the work as complete and released the
following public and private improvement bonds:
Tract Bond Coverage Bond No. Amount
12830
Performance (Private Streets)
6154419
$162,945
12827
Performance (Public Improve.)
30072222
41,322
12827
Labor & Material (Pub. Imp.)
30072222
41,322
12827
Performance (Private Streets)
30072219
71,863
The City Clerk was directed to forward a Notice of Completion
to the County Recorder and release the bonds thirty-five (35)
days after recording the Notice of Completion.
12. DENIAL OF CLAIM - DIMINUTION IN VALUE OF PROPERTY/EMOTIONAL
DISTRESS (RICHARD AND MARGUERITE HASSETT) (170.10)
The claim received by the City on June 8, 1992, from Carlos
Negrete, attorney on behalf of Richard and Marguerite
Hassett, for diminution in value of property located at 28121
Calle San Remo, was denied, as set forth in the Report dated
July 7, 1992, from the City Attorney.
13. DENIAL OF CLAIM - PROPERTY DAMAGE (NATION-WIDE HORSE TRANS-
PORTATION. INC.) (170.10)
The claim received by the City on June 18, 1992, from Michael
Halla of Nation -Wide Horse Transportation, Inc., for damages
and losses, was denied, as set forth in the Report dated
July 7, 1992, from the City Attorney.
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RESOLUTION. ACCEPTANCE OF EASEMENTS - SACARAMA AREA STORM DRAIN
(VAUGHN) (670.50)
It was moved by Councilman Hausdorfer, seconded by Councilman -
Friess that the following Resolution accepting the storm
drain easement on the Vaughn property for the Sacarama Area
Storm Drain Project be adopted as set forth in the Report
dated July 7, 1992, from the Director of Engineering and
Building:
RESOLUTION NO. 92-7-7-1. ACCEPTING STORM DRAIN
EASEMENT ACROSS THE VAUGHN PROPERTY FOR THE
SACARAMA AREA STORM DRAIN - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ACCEPTING A STORM DRAIN EASEMENT
ACROSS THE VAUGHN PROPERTY FOR THE SACARAMA AREA
STORM DRAIN
The motion carried by the following vote:
AYES:
Councilmen Friess, Hausdorfer, Harris
and Mayor Jones
NOES:
None
ABSTAIN:
Councilman Vasquez
ABSENT:
None
The City Clerk was directed to forward the easement to the
Orange County Recorder.
PUBLIC HEARINGS
1.
REQUEST FOR GENERAL PLAN AMENDMENT 92-01 REZONE 91-01
VESTING OF TENTATIVE TRACT MAP 14343 AND DEVELOPMENT
AGREEMENT FOR PROPERTY LOCATED ALONG LA NOVIA AVENUE
Proposal:
Consideration of a General Plan Amendment, Rezone to amend
the Forster Canyon Comprehensive Development Plan, Vesting
Tentative Tract Map 14343, Development Agreement, and Final
Environmental Impact for the San Juan Meadows project located
along La Novia Avenue east of Interstate 5 and west of the
Glenfed Planning Co*unity. The 148 -acre project consists of
155 single-family detached lots, 120 single-family attached
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units, 180 senior housing units, 9 -hole executive golf course
and driving range, public improvements, and an 8.5 -acre
public institutional site.
Applicant:
Al Brende and Ray Poulter
San Juan Creek Associates, Ltd.
324 West Fourth Street, 2nd Floor
Santa Ana, CA 92701
Written Communication:
Report dated July 7, 1992, from the Director of Planning
Services, recommending that the public hearing be continued
to the meeting of July 21, 1992, to allow the applicant addi-
tional time to modify the draft Comprehensive Development
Plan to comply with earlier staff recommendations.
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing and, there being no response, it
was moved by Councilman Hausdorfer, seconded by Councilman
Vasquez, and unanimously carried that the hearing be contin-
ued to the meeting of July 21, 1992.
2. REQUEST TO REZONE A 4.83 -ACRE PARCEL ON PASEO ADELANTO,
ADJACENT TO AND NORTH OF CITY HALL, REZONE 92-01 FROM
GENERAL INDUSTRIAL TO COMMERCIAL MANUFACTURING (SYCAMORE
BUSINESS PARK/ SPAULDING) (460.20)
Proposal:
Consideration of a request to rezone the site from Industrial
Manufacturing (MG) to Commercial Manufacturing (CM), and an
amendment to Section 9-3.415 of the Land Use Code to allow
additional manufacturing and processing uses in the CM
District.
Applicant/Property Owner:
G. Richard Spaulding
P.O. Box 1268
San Juan Capistrano, CA 92675
Written Communication:
Report dated July 7, 1992, from the Director of Planning
Services, advising that consideration of the amendment to
allow additional uses in the Commercial Manufacturing
District had been initiated by Council on April 21, 1992.
The report provided a staff analysis of the proposed amend-
ment to the Land Use Code, zone change, and Transportation
Demand Management (TDM) Plan.
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Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and the following person
responded: _
(1) The applicant, Richard Spaulding, concurred with the
staff recommendations.
There being no further input, the hearing was declared closed
with the right to reopen at any time.
Introduction of Ordinance ADoroving Rezone 92-01:
The City Clerk 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 Vasquez, seconded by
Councilman Harris, that the following Ordinance be
introduced:
APPROVING REZONE 92-1 - SYCAMORE BUSINESS PARK
(SPAULDING) - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A ZONE CHANGE TO
A COMMERCIAL MANUFACTURING (CM) DISTRICT FOR AN
APPROXIMATELY FOUR -ACRE SITE AT 32236 PASEO
ADELANTO (SPAULDING/SYCAMORE BUSINESS PARK)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Manufacturing uistrict:
The City Clerk 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 Vasquez, seconded by
Councilman Harris, that the following ordinance be
introduced:
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AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE -
ADDITIONAL MANUFACTURING AND COMPOUNDING USES IN
THE COMMERCIAL MANUFACTURING DISTRICT (SYCAMORE
BUSINESS PARK/SPAULDING) - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
AN AMENDMENT TO SECTION 9-3.415 OF THE MUNICIPAL
CODE TO ALLOW ADDITIONAL MANUFACTURING AND
COMPOUNDING USES IN THE COMMERCIAL MANUFACTURING
DISTRICT (SPAULDING/SYCAMORE BUSINESS PARK)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
REQUEST TO SUBDIVIDE A 13.16 -ACRE SITE INTO TWO PARCELS
AT PROPERTY SITUATED EASTERLY OF THE ORANGE COUNTY FLOOD
CONTROL CHANNEL, WESTERLY OF THE AT&SF RAILWAY, AND
NORTH OF STONEHILL DRIVE EXTENSION - TENTATIVE PARCEL
MAP 90-403 (LOWER ROSAN RANCH/COMMUNITY REDEVELOPMENT
AGENCY) (420.70)
Proposal:
Consideration of a request by the Community Redevelopment
Agency for a two -lot tentative parcel map. The tentative
parcel map will create a 5 -acre parcel and a 7.08 -acre parcel
(net) from the existing 13.19 -acre (gross) site.
Applicant:
Community Redevelopment Agency
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Written Communications:
Report dated July 7, 1992, from the Director of Planning
Services, recommending that the tentative parcel map be
approved, the Mitigated Negative Declaration certified, and
the Planning Director's determination of the Special Study
General Plan designation confirmed to identify potential
uses, constraints, and opportunities for the site prior to
further entitlements. The report advised that the proposal
met all required findings of the Subdivision Map Act and the
Municipal Code.
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Exhibits were on display, and Mr. Tomlinson made an oral
presentation, noting that the area had been part of the
Southside Annexation and had not received a General Plan
designation. The area is currently zoned Growth Management
and he had determined that the zoning should be Special _
Study. He advised that the Special Study designation would
require that prior to development approvals, a specific study
be completed and a designation and zoning applied to the
property. Those actions would require public hearings before
development applications could be approved. He noted that
concerns had been expressed that Parcel 1 would be
transferred to Solag Disposal. Parcel 2, which is located
between Parcel 1 and the Capistrano Valley Mobile Home
Estates, will be retained by the Community Redevelopment
Agency. Staff is currently evaluating potential access the
parcels.
Public Hearing•
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and the following persons respon-
ded:
(1) Ervin L. Watkins, 26000 Avenida Aeropuerto, owner of
Capistrano Valley Mobile Home Estates, noted his offer
to purchase an area in the Lower Rosan Ranch to buffer
the negative impacts from the relocation of Solag
Disposal to one of the parcels. He requested that a
buffer zone be incorporated into any future development
on the site.
(2) Frances Kennedy-Perguson, 26652 Ramos Street, requested
that the relocation of Solag continue to remain a high
priority for the City. She expressed appreciation to
City staff and Solag for mitigating the neighborhood's
concerns at the existing site.
(3) Marge Madigan, 33831 Camino Capistrano, spoke in favor
of the proposal and expressed appreciation to Douglas
Dumhart, Management Assistant I, for the tour he
conducted.
There being no further input, the hearing was declared closed
with the right to reopen at any time.
Council Discussion:
Councilman Harris stated that the action before Council at
this time was only the division of the property; that if an
application for Solag Disposal to use Parcel 1 comes before
Council there would be numerous opportunities for public
input into the process and adjacent residents would be
notified. Councilman Hausdorfer concurred and suggested that
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Mr. Dumhart conduct additional tours to help alleviate
concerns. Mr. Julian stated that all impacts from proposed
development of the parcels will be considered during the
environmental review process. He advised that when the
Community Redevelopment Agency decides on the type of use for
this property, an appropriate buffer zone between the mobile
home park and the adjacent parcel will be determined and
surrounding residents would be notified. Councilman Friess
suggested that prior to approval of any construction on the
parcels, a program be devised for buffering the impacts of
any future development. Councilman Vasquez expressed concern
that the buffering include a large area of land, not just
landscaping.
It was moved by Councilman Friess, seconded by Councilman
Harris, that the following Resolution be adopted approving
Tentative Parcel Map 90-403 and certifying the Mitigated
Negative Declaration, with the additional condition that
prior to the development of any of the parcels, a program be
created for buffering the impacts of the development upon the
adjacent mobile home park, to be reviewed and approved by the
City Council:
RESOLUTION NO. 92-7-7-3. APPROVING TENTATIVE
PARCEL MAP 90-4-3 AND CERTIFYING MITIGATED
NEGATIVE DECLARATION (LOWER ROSAN RANCH/COMMUNITY
REDEVELOPMENT AGENCY) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING PARCEL MAP 90-403 AND
CERTIFYING THE MITIGATED NEGATIVE DECLARATION FOR
THE PROPERTY LOCATED EAST OF THE ORANGE COUNTY
FLOOD CONTROL CHANNEL, WEST OF THE AT&SF RAILROAD
TRACKS, AND DIRECTLY SOUTH OF THE CAPISTRANO
VALLEY MOBILEHOME ESTATES (LOWER ROSAN RANCH/SAN
JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Resolution Confirmi
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted:
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RESOLUTION NO 92-7-7-4 CONFIRMING DETERMINATION
OF SPECIAL STUDY GENERAL PLAN DESIGNATION - LOWER
ROSAN RANCH (COMMUNITY REDEVELOPMENT AGENCY) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE _
PLANNING DIRECTOR'S DETERMINATION OF SPECIAL STUDY
GENERAL PLAN DESIGNATION FOR THE PROPERTY LOCATED
EAST OF THE ORANGE COUNTY FLOOD CONTROL CHANNEL,
WEST OF THE AT&SF RAILROAD TRACKS, AND DIRECTLY
SOUTH OF THE CAPISTRANO VALLEY MOBILEHOME ESTATES
(LOWER ROSAN RANCH/SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
4. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT
AGENCY - CAPITAL IMPROVEMENT BUDGET FOR THE SEVEN YEARS
BEGINNING JULY 1. 1992, AND ENDING JUNE 30. 1999
(330.40)
Proposal:
Consideration of the City and Community Redevelopment Agency
seven-year Capital Improvement Program.
Written Communications:
(1) Report dated July 7, 1992, from the Director of Engin-
eering and Building, recommending that the proposed
Capital Improvement Program be approved. The Report
noted that the Program was consistent with the
requirements of the state's Congestion Management
Program and the provisions of Measure M.
(2) Memorandum dated July 6, 1992, from the Director of
Engineering and Building, correcting discrepancies in
various project summaries and forwarding resolutions
reflecting the revised totals.
The Director of Engineering and Building noted that many of
the projects in the program could receive grant funds, and no
projects will commence until the City has the funds to
proceed. In response to Councilman Vasquez, Mr. Huber
explained that the $100,000 listed for the Solag relocation
represented the costs for the preparation of a full
development package, including geotechnical reports and
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planning documents. Douglas Dumhart, Management Assistant I,
added that once the preliminary reports are completed, a true
estimate of the total cost of the relocation can be
determined. Mr. Scarborough noted that the project is not
pre -funded.
Public Hearing:
Notice having been given as required by law, Mayor Jones
opened the Public Hearing, and the following person respon-
ded:
(1) Patrick Crowley, 31407 E1 Horno Street, cited opposition
to funding the Library Parking Lot with Parks and
Recreation fees; recommended that the Design Review
Commission be given the authority to review the design,
scale and massing of proposed projects instead of the
Planning Commission; and, stated that Mayor Jones and
Councilman Vasquez should abstain from voting on the
item since it included project funding proposed in the
Los Rios area which could result in financial gains to
property owned by Mayor Jones and Councilman Vasquez.
There being no further response, the hearing was declared
closed with the right to reopen at any time.
With regard to the potential conflict of interest for
Councilman Vasquez and Mayor Jones, Mr. Denhalter advised
that the projects are listed as future possibilities; that
there was no conflict of interest at this time since there
would be no financial benefit to any of the Council members
until a specific project is ready for consideration.
Projects will be reviewed for potential conflicts when
specific decisions come before the Council.
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 92-7-7-5. ADOPTING 1992-1999
CAPITAL IMPROVEMENT PROGRAM AND AUTHORIZING
EXPENDITURES - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING APPROPRIATIONS AND AUTHORIZING
EXPENDITURES RELATED TO THE SEVEN-YEAR CAPITAL
IMPROVEMENT PROGRAM
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The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones _
NOES: None
ABSENT: None
The Resolution adopted the following appropriations and
authorized expenditures detailed in the Capital Improvement
Program:
Year Ending Authorized
June 30 Expenditures
1993 $5,162,242
1994 2,750,600
1995 4,504,700
1996 3,684,400
1997 1,322,000
1998 2,084,000
1999 2,723,000
RECESS AND RECONVENE
Council recessed at 8:23 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:25 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. EXPANDED CITYWIDE RESIDENTIAL CURBSIDE RECYCLING (SOLAG
DISPOSAL COMPANY/CR&R INCORPORATED) (600.30)
Written Communications:
Report dated July 7, 1992, from Douglas Dumhart, Management
Assistant I, recommending that an exclusive seven-year
Franchise Agreement between Solag Disposal Company and CR&R,
Incorporated, dba South Orange County Environmental, be
granted for expanded City-wide residential curbside
recycling. The program would include the collection,
transportation, recycling, composting, and disposal of all
solid waste and for temporary bin/rolloff services. The
report also recommended adoption of a resolution certifying
the Negative Declaration for environmental impacts for the
expanded recycling services.
Mayor Jones left the podium due to a conflict of interest and
Chairman pro tem Friess presided.
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015
Councilman Vasquez requested a brief meeting with the City
Attorney regarding whether or not he should abstain from
action on this item due to the proximity of his
residence/business to the existing Solag site. Council
recessed at 8:25 p.m., to allow a meeting between Councilman
Vasquez and the City Attorney, and reconvened at 8:27 p.m.
Councilman Vasquez cited his desire to participate in this
decision and for an indication from the Fair Political
Practices Commission that he can do so; therefore, he
requested that the item be continued to allow time for a Fair
Political Practices Commission determination on his
eligibility to participate. The City Attorney noted that the
concern was a valuation question and the services of an
appraiser might be needed. Councilman Hausdorfer recommended
that the issue be clarified for the Mayor also and concurred
with Councilman Vasquez' request. In response to the City
Attorney, there was a consensus that a formal written opinion
be requested. The City Manager recommended that an informal
opinion be accepted to determine whether there may be a
conflict and to use the informal opinion to provide direction
on whether or not to go forward with the matter or wait for
written confirmation.
Motion to Table Item for 30 Days:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris that the item be tabled for a reasonable period of
time for receipt of a written response from the Fair
Political Practices Commission. Councilman Vasquez requested
that the motion be amended to include an appraisal of his
property. Mayor pro tem Friess stated he would need to know
costs before supporting an appraisal and cited concern with
setting a precedent for an appraisal whenever the issue of
conflict arises. Councilman Hausdorfer concurred, stating
the desire to wait for a response from the Fair Political
Practices Commission before approving an appraisal. with
the approval of the second, the motion was subsequently
amended to table the item for 30 days to allow a response
from the Fair Political Practices Commission regarding the
eligibility of Councilman Vasquez and Mayor Jones to
participate in this decision. The motion carried
unanimously.
Mayor Jones resumed his duties.
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CITY CLERK
1. RESOLUTION CALLING ELECTION - NOVEMBER 3. 1992, GENERAL
MUNICIPAL ELECTION (630.201
Written Communication:
Report dated July 7, 1992, from the City Clerk, forwarding a
Resolution to call and give notice of the General Municipal
Election to be held Tuesday, November 3, 1992, to elect two
members of the City Council for four-year terms to fill the
offices presently held by Councilmen Friess and Harris.
Resolution Callina for Election:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, that the following Resolution be adopted:
RESOLUTION NO. 92-7-7-6. CALLING ELECTION -
NOVEMBER 3. 1992. GENERAL MUNICIPAL ELECTION - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1992,
FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
2. RESOLUTION REQUESTING CONSOLIDATION - NOVEMBER 3. 1992,
GENERAL MUNICIPAL ELECTION (630.20)
Written Communication:
Report dated July 7, 1992, from the City Clerk, forwarding a
Resolution to request that the County Board of Supervisors
consolidate the City's general municipal election with the
statewide general election scheduled for November 3, 1992. _
Resolution Requesting Consolidation of Elections:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, that the following Resolution be adopted:
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RESOLUTION NO. 92-7-7-7. REQUESTING CONSOLIDATION
WITH NOVEMBER 1992 STATEWIDE GENERAL ELECTION - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE BOARD
OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLI-
DATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 3, 1992, WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THE DATE PURSUANT TO SEC-
TION 23302 OF THE ELECTIONS CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
DIRECTOR OF PLANNING SERVICES
1. INITIATION OF PROPOSED COMPREHENSIVE HOUSING OPPORTUNITIES
PROGRAM (430.30)
Written Communication:
Report dated July 7, 1992, from the Director of Planning
Services, forwarding a draft Housing Opportunities Program
Action Plan for review by the Council. The proposed program
would implement a strategy to meet the goals, policies, and
objectives of the City's General Plan Housing Element. Staff
also recommended that Council consider the adoption of an
impact fee program for new residential and non-residential
developments, the establishment of a housing trust fund,
incentives to encourage affordable residential developments,
and designation of the City or Community Redevelopment Agency
as the program administrator.
Mr. Tomlinson noted that the program's focus was on afford-
able housing at the existing level based on the 1990 Census.
Referral of Draft Housing Opportunities Program Action Plan
to the Planning Commission:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, and unanimously carried that the draft Housing
Opportunities Program Action Plan be referred to the Planning
Commission for recommendation on the following:
(1) Consideration of a potential Housing Impact Fee Program
for new residential and non-residential projects;
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(2) Consideration of an ordinance establishing a "Housing
Trust Fund" an policies procedures for the consideration
of affordable housing project applications requesting
financial participation; and
(3) Consideration of amendments to the City's Municipal Code
to provide incentives to encourage affordable residen-
tial developments.
2. CONSIDERATION OF COUNTY LAND USE POLICY (420.90)
Written Communication:
Report dated July 7, 1992, from the Director of Planning
Services, recommending that the City request the Orange
County Division of the League of California Cities to support
state legislation to require establishment of a county -wide
policy on land use regulation of urban developments within
the Sphere of Influence of a city or otherwise creating a
significant impact on that city, to use the community
development standards of the affected city.
Resolution Reauestina County Support:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 92-7-7-8. REQUESTING SUPPORT FOR
APPLICATION OF MUNICIPAL DEVELOPMENT STANDARDS FOR
PROJECTS PROCESSED IN A SPHERE OF INFLUENCE - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE ORANGE
COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES
TO SUPPORT STATE LEGISLATION REQUIRING COUNTIES TO
APPLY MUNICIPAL DEVELOPMENT STANDARDS WHEN
PROCESSING PROJECTS WITHIN A MUNICIPALITY'S SPHERE
OF INFLUENCE
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
Staff was directed to:
(1) Contact other Orange County cities and the League of
California Cities, including its Orange County Division,
to solicit support for such policy;
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(2) Thereafter, to solicit support for such policy from the
County of Orange; and
(3) Request the Orange County Division of the League of
California Cities to pursue a response to their Resolu-
tion No. 8-90.
3. REQUEST FOR WAIVER OF SUBDIVISION MAP PROCESSING FEES
(TRULIS) (420.20)
Councilman Vasquez and Mayor Jones left the podium due to a
potential conflict of interest. Mayor pro tem Friess presided.
Written Communication:
Report dated July 7, 1992, from the Director of Planning
Services, recommending that the request for a fee waiver of
a $5,000 deposit for Tentative Parcel Map 92-123 be denied.
The TPM consists of a subdivision of one lot into four lots
located at 31731 Los Rios Street between Trabuco Creek and
Los Rios Street and would result in one 2 -acre lot for the
Community Redevelopment Agency and three lots for the
applicant.
Resolution Denying Request for Fee Waiver:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, that the following Resolution be adopted:
RESOLUTION NO. 92-7-7-9. DENYING REQUEST FOR FEE
WAIVER - TENTATIVE PARCEL MAP 92-123 (TRULIS) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DENYING A REQUEST FOR
A FEE WAIVER FOR TENTATIVE PARCEL MAP 92-123,
LOCATED AT 31731 LOS RIOS STREET (TRULIS)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, and Hausdorfer
NOES: None
ABSENT: Councilman Vasquez and Mayor Jones
Mayor Jones and Councilman Vasquez returned to the podium.
DIRECTOR OF ENGINEERING AND BUILDING SERVICES
1. APPROVAL OF SERRA BUDGET REVISION (330.50)
Written Communication:
Report dated July 7, 1992, from the Director of Engineering
and Building, recommending that the proposed South East
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Regional Reclamation Authority (SERRA) budget revision be
approved in the amount of $2,162,300. The funds were
requested to purchase an administrative office facility in
San Juan Capistrano and necessary tenant improvements and
construction of the operations building at the treatment
plant facility in Dana Point. The City's share in the amount
of $748,490 would be funded entirely from SERRA's reserves
and excess funds in the SERRA's Capital Projects Budget.
Approval of Proposed SERRA Budget Revision:
It was moved by Councilman Hausdorfer, seconded by Councilman
Harris, and unanimously carried that the proposed SERRA
budget revision be approved in the total amount of
$2,162,300.
DIRECTOR OF COMMUNITY SERVICES
1. CONSIDERATION OF CITY PARTICIPATION IN THE THIRD ANNUAL
RANCHO DAYS - SATURDAY. AUGUST 22. 1992 (150.60)
Written Communication:
Report dated July 7, 1992, from the Director of Community
Services, forwarding the request of the Chamber of Commerce,
Fiesta Association and the Mission for City support of the
annual event. The report recommended that the event
organizers reimburse the City for overtime costs, traffic
control, banner installation and special event insurance;
further, that Council concur with a variety of street closure
plans, authorize placement of banners and waive all permit
fees.
Mr. King recommended that the item be continued to the
meeting of July 21 so that certain aspects of the program
could be finalized.
Continuation of Item:
It was moved by Councilman Friess, seconded by Councilman
Vasquez, and unanimously carried that the item be continued
to the meeting of July 21, 1992.
ORDINANCES
1. ORDINANCE APPROVING DEVELOPMENT AGREEMENT - TRACT 14196
(PACIFIC POINT PROJECT/TMC DEVELOPMENT) (600.30) (ADOPTION)
Written Communication:
Report dated July 7, 1992, from
the Ordinance was introduced at
and was scheduled for adoption.
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the City Clerk, advising that
the meeting of June 16, 1992,
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1.
2
Adoption of Ordinance:
The City Clerk 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 Harris, that the following Ordinance be adopted:
ORDINANCE NO. 706, APPROVING DEVELOPMENT
AGREEMENT - TRACT 14196 (PACIFIC POINT PROJECT/TMC
DEVELOPMENT) - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT FOR TENTATIVE TRACT 14196,
THE PACIFIC POINT PROJECT (TMC DEVELOPMENT)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, and Mayor Jones
NOES: Councilman Vasquez
ABSTAIN: Councilman Hausdorfer
ABSENT: None
COUNCILMANIC ITEMS
1. APPOINTMENT OF ALTERNATE REPRESENTATIVE TO SAN JOAQUIN HILLS
AND FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCIES
(800.50)
Written Communication:
Report dated July 7, 1992, from the Council Services Manager,
advising that Councilman Hausdorfer had requested that he be
replaced as the City's alternate representative to the
Agencies.
Selection of Alternate:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and carried that Councilman Harris be appointed as
the City's Alternate Representative to the San Joaquin Hills
and Foothill/Eastern Transportation Corridor Agencies.
Councilman Harris abstained on this item.
2. ORAL REPORTS OF OUTSIDE AGENCIES - None
COUNCIL COMMENTS
1. SIGN AT RANCHO VIEJO ROAD/VIA ESCOLAR (410.40)
Councilman Friess requested that the City Attorney provide a
report regarding the previous agreement with the City, at the
time the property was annexed into San Juan Capistrano, as it
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relates to the condition for removing the advertising sign
(Wendy's/McDonald's) at this location.
MOBILE HOME VACANCY CONTROL (430.70)
Councilman Friess requested that the response to Al Simmons'
concerns expressed during the Oral Communications portion of
this meeting regarding court decisions in this matter be
placed on the agenda for the meeting of August 4.
3. COMMUNITY ORGANIZATION FUNDING (330.20)
Councilman Harris advised that the allocation of funds for
the community promotions budget would be submitted for
approval following action by the state legislature.
4. FOURTH OF JULY FESTIVITIES/CITIZEN OF THE YEAR (150.60)
Mayor Jones commended Ron Sievers, Director of Public Lands
and Facilities, Mr. King, and City staff for their efforts on
the successful Fourth of July celebration. He congratulated
Pauline Leonard, who was presented with the Citizen of the
Year Award during the festivities.
CLOSED SESSION
Council recessed to a Closed Session at 9:10 p.m. for discussion
of legal matters per Government Code Section 54956.9 (Committee to
Restore Integrity v. City), the City Clerk being excused there-
from, and reconvened at 10:20 p.m.
There being no further business before the Council, the meeting
was adjourned at 10:20 p.m. to the next regular meeting date of
Tuesday, July 21, 1992, at 7:00 p.m. in the City Council Chamber.
,G3 L ES, OR
Respectfully submitted,
CHERYL JO K
SO , CITY CLERK
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