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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). -1- 7/7/92 rcm 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: -2- 7/7/92 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. -3- 7/7/92 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. -4- 7/7/92 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. -5- 7/7/92 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 -6- 7/7/92 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. -7- 7/7/92 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: cm 7/7/92 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. -9- 7/7/92 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 -10- 7/7/92 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: -11- 7/7/92 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 -12- 7/7/92 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 -13- 7/7/92 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. -14- 7/7/92 015 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. -15- 7/7/92 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: -16- 7/7/92 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; -17- 7/7/92 (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; 01:1= 7/7/92 (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 -19- 7/7/92 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. -20- the City Clerk, advising that the meeting of June 16, 1992, 7/7/92 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 -21- 7/7/92 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 -22- 7/7/92