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92-0721_CC_Minutes_Regular MeetingJULY 21, 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 7:05 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor William Ferrell of The Life 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; Dick Bobertz, Senior Planner; Al King, Jr., Director of Community Services; Ronald C. Sievers, Director of Public Lands and Facilities; Nancy Bernardi, Recording Secretary. MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that all Ordinances be read by title only. PRESENTATIONS AND COMMENDATIONS 1. DEPUTY OF THE YEAR AWARD (610.M Written Communication: Report dated July 21, 1992, from the Council Services Manager, recommending that Deputy Brad Virgoe be recognized as the "San Juan Capistrano Deputy of the Year" for fiscal year 1991-92 in honor of his excellent service. Acceptance of Presentation: Lt. Dan Martini announced the selection of Deputy Virgoe by his supervisors and introduced the honoree's family. Mayor Jones presented Deputy Virgoe with a plaque and certificate honoring him as the City's Deputy of the Year. Deputy Virgoe expressed appreciation to the City Council. ORAL_ COMMUNICATIONS (CITY COUNCIL./COMMUNITY REDEVELOPMENT AGENCY) 1. STORY OF VIET DINH (150.10) James Erickson, 31762 Paseo Terraza, urged public viewing of the Viet Dinh Story on NBC's "Dateline" this date at 10:00 p.m., regarding Dinh's successful efforts in obtaining permission for his sister's immigration to the United States. -1- 7/21/92 2. MISSION HACIENDA PLAZA PARKING (570.301 Dan Huss, 31682 EI Camino Real, president of the Chamber of Commerce, forwarded a request from the Mission Hacienda Plaza for green curbs in front of the Plaza on Camino Capistrano to alleviate all -day commuter parking. Mr. Julian indicated a report would be provided to the City Council. CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Harris, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None 1. APPROVAL OF CITY COUNCIL MINUTES - ADJOURNED REGULAR MEETING OF JUNE 30, 1992 The Minutes of the Adjourned Regular Meeting of June 30, 1992, were approved as submitted. 2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES - ADJOURNED REGULAR MEETING OF JUNE 30, 1992 The Minutes of the Adjourned Regular Meeting of June 30, 1992, were approved as submitted. 3. RECEIVE AND FILE CITY TREASURER'S REPORT OF INVESTMENTS AS OF JUNE 30. 1992 (350.30) The City Treasurer's Report of Investments as of June 30, 1992, in the total amount of $17,703,625.74 was received and filed. 4. RESOLUTION ACCEPTANCE OF EASEMENT - SACARAMA AREA STORM DRAIN (McCOOK) (670.50) As set forth in the Report dated July 21, 1992, from the Director of Engineering and Building, the following Resolution was adopted accepting the storm drain easement on the McCook property for the Sacarama Area Storm Drain Project: RESOLUTION NO 92-7-21-1 ACCEPTING STORM DRAIN EASEMENT ACROSS THE McCOOK 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 McCOOK PROPERTY FOR THE SACARAMA AREA STORM DRAIN The Mayor was authorized to execute the document, and the City Clerk was directed to record the document with the County Recorder. -2- 7/21/92 5. AWARD OF CONTRACT - PREVENTATIVE STREET MAINTENANCE 1991-1992 (SULLY -MILLER) (600.30) As set forth in the Report dated July 21, 1992, from the Director of Engineering and Building, the contract for Preventative Street Maintenance 1991-1992 was awarded to the lowest responsible bidder, Sully -Miller, in the amount of $77,932.37. All other bids were rejected. The maintenance projects include: 1) the reconstruction of the north side of Del Obispo Street from Alipaz Street to Trabuco Creek Bridge; 2) asphalt concrete overlay of Avenida Aeropuerto, and 3) asphalt concrete overlay of Dana Mesa Drive. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 6. APPROVAL OF CALTRANS COOPERATIVE AGREEMENT - EXPANSION OF PARK AND RIDE FACILITY AT JUNIPERO SERRA ROAD AND THE I-5 FREEWAY (600.50) As set forth in the Report dated July 21, 1992, from the Director of Planning Services, the following Resolution was adopted authorizing the Mayor to sign a Cooperative Agreement with the state (Caltrans) committing the City to transfer ownership of a small parcel of City -owned land within the area proposed for expansion of the Pueblo Serra Park and Ride facility: RESOLUTION NO. 92-7-21-2. APPROVING COOPERATIVE AGREEMENT FOR EXPANSION OF THE PARK AND RIDE FACILITY AT I-5 AND JUNIPERO SERRA - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN A COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE STATE OF CALIFORNIA TO EXPAND THE PARK AND RIDE FACILITY AT I-5 AND JUNIPERO SERRA 7. RESOLUTION ESTABLISHING "NO PARKING - TOW AWAY - 1:30 A.M. TO 2:00 A.M. - EXCEPT RIDESHARE VEHICLES" FOR ALL STATE OF CALIFORNIA DESIGNATED PARK AND RIDE PARKING LOTS ON PUBLICLY OWNED PROPERTY WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF SAN JUAN CAPISTRANO (570.30) As set forth in the Report dated July 21, 1992, from the Director of Engineering and Building, the following Resolution was adopted, at the request of Caltrans, authorizing the installation of signs by Caltrans indicating "No Parking - Tow Away - 1:30 a.m. to 2:00 a.m. - Except Rideshare Vehicles" to restrict the unauthorized use of the Park and Ride lots and assist in the issuance of citations: RESOLUTION NO, 92-7-21-3. ESTABLISHING "NO PARKING - TOW AWAY - 1:30 A.M. TO 2:00 A.M. - EXCEPT RIDESHARE VEHICLES" ZONES - PARK AND RIDE FACILITIES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING - TOW AWAY - 1:30 A.M. TO 2:00 A.M. - EXCEPT RIDESHARE VEHICLES" ZONES FOR ALL STATE OF CALIFORNIA DESIGNATED PARK AND RIDE PARKING LOTS ON PUBLICLY OWNED PROPERTY WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF SAN JUAN CAPISTRANO -3- 7/21/92 26 8. APPROVAL OF AMENDMENT TO MOBILE HOME PARK REVIEW COMMITTEE BYLAWS (430.50) As set forth in the Report dated July 21, 1992, from the Secretary to the Mobile Home Park Review Committee, an amendment to the Bylaws of the Mobile Home Park Review Committee was approved, changing the regular meeting dates from every month to every other month, on the second Tuesday of the months of January, March, May, July, September, and November at 2:00 p.m. in the Council Chamber. 9. LICENSE AGREEMENT FOR THE PLACEMENT AND MAINTENANCE OF A FIRE HYDRANT WATER LINE IN AND ACROSS A CITY SEWER EASEMENT. 26850 ORTEGA HIGHWAY (THE OAKS/JOAN IRVINE SMITH/MARK S. ASHWORTH. TRUSTEE OF THE FAUOUIER TRUST) (600.30) As set forth in the Report dated July 21, 1992, from the Director of Engineering and Building, the License Agreement between the City and Mark S. Ashworth, Trustee of the Fauquier Trust, was approved to permit the installation of a private fire hydrant and water supply line at The Oaks due to the placement of mobile homes onto permanent foundations. Any costs of relocation or repair will be borne by the property owner. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City, and the City Clerk was authorized to forward the Agreement to the County Recorder for recordation. The following items on the Consent Calendar were considered separately, as requested by Councilman Friess. RESOLUTION ACCEPTING IMPROVEMENTS NOTICE OF COMPLETION. REDUCTION AND RELEASE OF BONDS FOR TRACTS 12633,13025,13026. AND 13027 FOR PROPERTY LOCATED SOUTH OF SAN JUAN CREEK ROAD EAST AND WEST OF CAMINO LACOUAGUE (DIVIDEND DEVELOPMENT CORPORATION/WARMINGTONSRN JUAN ASSOCIATES) (CONTINUED FROM uma 7 ��� t t'f This item was continued from the meeting of June 16, 1992. As set forth in the Report dated July 21, 1992, from the Director of Engineering and Building. It was moved by Councilman Hausdorfer, seconded by Councilman Harris, that the following Resolution be adopted: RESOLUTION NO. 92-7-21-4. ACCEPTANCE OF PUBLIC IMPROVEMENT COMPLETION OF PRIVATE IMPROVEMENTS. NOTICE OF COMPLETION. REDUCTION AND RELEASE OF BONDS• TRACTS 12633 13025 13026 13027 (DIVIDEND 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, SEWERS, AND STORM DRAINS, TRACTS 12633, 13025, 13026, 13027, AND PRIVATE STREETS, TRACTS 13025 AND 13026, AND STREET MONUMENTATION, TRACT 13026, AND REPAVING WORK FOR INSTALLATION OF OFF-SITE NON -POTABLE WATER SYSTEM — -¢ 7/21/92 U%f t The motion was carried by the following vote: AYES: Councilmen Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSTAIN: Councilman Friess ABSENT: None Councilman Friess abstained due to the proximity of his residence to the project. The Resolution accepted public street, sewer, and storm drain improvements within Tracts 12633, 13025, 13026, and 13027, off-site street repaving for non -potable water system, private street improvements within Tracts 13025 and 13026, and street monumentation within Tract 13026; authorized the release of corresponding bonds and reduction of bonds for private improvements (streets) within Tracts 12633 and 13027 thirty-five days after recording the Notice of Completion; and, authorized the City Clerk to file the Notice of Completion with the County Recorder. REPORT OF PLANNING COMMISSION ACTIONS (440.40) Councilman Friess requested that the Report dated July 21, 1992, from the Director of Planning Services, regarding actions taken at the Planning Commission meeting of July 14, 1992, be pulled for discussion of the Planning Commission's approval of a sign exception to allow an 80 -square -foot, 25- foot- high externally -illuminated sign for the Capistrano Dodge dealership (AC 85-08 Modification). He stated the sign that was approved constituted a significant diversion from the signs typically approved in the City, in that it was primarily for advertising purposes rather than for identification and would be the largest sign approved of its type since 1976. He requested that the Council appeal the decision of the Planning Commission. It was moved by Councilman Friess, seconded by Councilman Hausdorfer, and unanimously carried that the Planning Commission's approval of AC 85-08 Modification (Chrysler Realty/Capistrano Dodge) be appealed. Staff was directed to schedule an appropriate public hearing date. It was moved by Councilman Hausdorfer, seconded by Councilman Harris, and unanimously carried that the remainder of the Report be received and filed. 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 EAST OF I-5 AND WEST OF THE GLENDALE FEDERAL PLANNED COMMUNITY (SAN JUAN MEADOWS/LA MESA/SAN JUAN CREEK ASSOCIATES) (CONTINUED FROM JULY 7. 1992) (440.25/460.20/420.40/600.30) Pr : Consideration of a General Plan Amendment, Rezone (an amendment to 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 Community. The 148 -acre project consists of 155 single-family detached lots, 120 single-family attached units, 180 senior housing units, a 9 -hole -5- 7/21/92 executive golf course and driving range, public improvements, and an 8.5 -acre public institutional site. The public hearing was continued from the meeting of July 7, 1992, to allow the applicant additional time to modify the draft Comprehensive Development Plan to comply with earlier staff recommendations. Applicant: San Juan Creek Associates, Ltd. 324 West Fourth Street, 2nd Floor Santa Ana, CA 92701 Written Communication: Report dated July 21, 1992, from the Director of Planning Services, noting that the applicant concurred with all of the staff -recommended conditions and recommending that all of the applications be conditionally approved. Mr. Bobertz made an oral presentation noting that the applicant has agreed that no financial assistance will be requested of the City and that the closure of the landfill with be pursued by the applicant with the County and the state. The landfill closure must be completed before anything else happens. Following the landfill closure public improvements will be constructed first to allow the residential aspects of the site to proceed. With regard to potential visual impacts of the senior housing portion of the project, a condition was added requiring the applicant to provide an additional visual analysis and visual simulation to ensure the protection of the view corridor from the downtown area. Bill Ramsey, Senior Planner, provided a detailed description of the various elements of the project and the conditions recommended by staff. He noted that the senior housing would be restricted to persons 55 years of age or older and would be "affordable" for at least 30 years. He stated that the proposed golf course use on the landfill site was appropriate based on the goals and objectives of the Open Space Master Plan, and that the Mesa, Vista, and Village Residential areas of the proposed project were consistent with the General Plan designations for these areas. A 50 -foot buffer zone between the landfill perimeter and adjacent residential areas will be required, and landscape maintenance will be the responsibility of the project's homeowners association. Approval of the Development Agree- ment would guarantee the early closure of the landfill. In response to an inquiry by Councilman Vasquez, Mr. Ramsey explained that the senior housing portion of the project was moved to the Public Institutional site in order to preserve the knoll area. In response to an inquiry by Councilman Hausdorfer, Mr. Ramsey explained that the public open space standard for the project can be met through either the dedication of land or the payment of in - lieu fees. The Parks and Recreation Commission recommended that in -lieu fees be accepted, which will total approximately $1.2 million. Mr. Bobertz noted that approximately 60% of the site would be comprised of open space. Mr. Bobertz stated that the landfill site is privately owned at this time, plans are being made for the eventual maintenance of the landfill by the County, and staff requested that the applicant concentrate his efforts in working with the County to ensure the prompt closure of the landfill. Mr. Julian noted that once approval of the landfill closure plan by state agencies was obtained, the County would then gain control of the site and assume responsibility for the closure plan and development and operation of the golf course. Revenues generated from the golf course use would be used by the County to offset landfill closure expenses. Councilman Vasquez inquired about how the affordable housing for the senior housing portion of the project could be guaranteed for a 30 -year period. Mr. Ramsey explained the applicant will be required to execute and record with the County Recorder an Affordable Housing Agreement at the time the Tentative Map is approved and prior to any development of the senior housing portion. The income 0 7/21/92 IJ 41 range of "affordability" would be become a part of the Agreement. Mr. Denhalter stated that the standards of affordability are created by the regulations adopted by the City and incorporated into the Agreement. The City would then have the ability to legally enforce the regulations. Mr. Julian added that the base rents would be established by the City's Housing Opportunities Program and would be in conformance with the state's requirements for affordable housing, which are based on regional incomes. ' Public Hearine: having Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following persons responded: (1) Phillip Schwartze, representing the applicant, San Juan Creek Associates, provided an overview of the project with a slide presentation, which included a comparison with the previous Arosa plan, types of housing proposed, illustration of the 80 -foot grade differential between the proposed project and the San Juan Creek Golf Course, and the proposed perimeter gas protection system for the landfill closure. He stated that although the Comprehensive Development Plan was prepared by the Keith Company, the Keith Company did not perform any work on this project. He noted that the County's operation of this golf course might be used as a test case by the County. (2) Al Arps, 32302 Alipaz Street, Space 158, spoke in favor of the proposed project, particularly the proposed senior housing, golf course, and driving range. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Comments: Councilman Friess stated that although he favored the project overall, he had specific concerns that the fiscal impacts vs. fiscal benefits needed to be carefully evaluated. He felt that consideration of the senior housing should include its view impacts, particularly from the downtown area, and that the project's grading impacts should be addressed now instead of later. He cited concerns with the affordability of the housing for future homeowners and that the City should not be financially responsible for this project in any way. Councilman Vasquez expressed the concerns with the project density and setback requirements; visual impacts of housing; the possibility of the City subsidizing the landfill closure costs; use of Mello -Roos financing to fund any of the infrastructure improvements; and, the Development Agreement possibly precluding any modifications to the project in the future. Councilman Harris expressed concerns with the project's impact upon the City's view corridors and the massing generated as a result of the density of the attached townhouses and senior housing. He felt that this site was a scenic statement of the City's character and determination to preserve open space. He preferred that the project be reduced in density, the massive structures eliminated, and any type of attached housing deleted from the plans. He also voiced opposition to any type of infrastruc- ture financing, such as Mello -Roos funding. He suggested in -lieu fees for the affordable housing requirement with those fees used toward owner -occupied residences in some of the City's existing structures. Councilman Hausdorfer commended the applicant in addressing the concerns expressed previously by the Council. He felt that affordable housing could not be accomplished without density. Although he was opposed to the use of Mello -Roos funding at this point, he stated that buyers will pay for the infrastructure improvements one way or the other and before it was arbitrarily rejected it should be determined if there might be some benefits with a Mello -Roos that might make the units more affordable. He concurred with the concerns expressed by Councilmen Friess and Harris with regard 7- 7/21/92 030 to impacts on the City's view corridor; however, he felt that mitigation measures could be built into the project later to protect the view corridors. Mayor Jones concurred with the majority of the other Councilmen's statements and cited concerns with use of Mello -Roos financing. Mr. Schwartze advised that condition No. 23 of the resolution approving the Vesting Tentative Parcel Map required that any improvement district indebtedness to construct infrastructure is to be retired at the close of escrow for individual units to assure that individual property owners will not have long- term property tax assessments above that for other City residents. He stated that the applicant did not submit a full view analysis because the exact architecture for the proposed buildings was not yet established; the current view analysis consisted of bulk building forms, which would be the worst-case scenario. He emphasized that the City would not be involved in any part of the landfill closure. Councilman Friess requested that the financing condition be expanded. Resolution Certifying Final Environmental Impact Report: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Resolution be adopted certifying the Final Environmental Impact Report for General Plan Amendment 92-01, Rezone 91-01, and Vesting Tentative Tract Map 14343: RESOLUTION NO 92-7-21-5 CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT - SAN JUAN MEADOWS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN AMENDMENT 92-01, REZONE 91-01, AND VESTING TENTATIVE TRACT MAP 14343 (SAN JUAN MEADOWS) The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None Resolution Approving General Plan Amendment 92-1 and Continuation of Public Hearing Re: Vesting Tentative Tract Man Rezone and Development Agreement It was moved by Councilman Friess, seconded by Councilman Hausdorfer, that the public hearing relating to the proposed Vesting Tentative Tract Map 14343, Rezone 91-01, and the proposed Development Agreement be continued to the meeting of August 4, 1992, for staff to provide a full view analysis to mitigate the potential view impacts from the City's view corridors, particularly from the senior housing portion of the project; and, that the following Resolution be adopted: EE 7/21/92 031 RESOLUTION NO. 92-7-21-6. GENERAL PLAN AMENDMENT 92-1 (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RECOMMENDING THAT THE PROPOSED GENERAL PLAN AMENDMENT (GPA 92-01) TO SUBSTITUTE A SENIOR HOUSING USE FOR THE DEDICATED PUBLIC INSTITUTIONAL USE BE MODIFIED TO PROVIDE FOR AN ALTERNATE SITE FOR DEDICATION OF THE PUBLIC INSTITUTIONAL USE, AND DESIGNATION OF THE ORIGINAL PUBLIC INSTITUTIONAL SITE AS A LOCATION FOR AFFORDABLE SENIOR HOUSING (SAN JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, and Mayor Jones NOES: Councilmen Harris and Vasquez ABSENT: None 2. AUTHORIZATION TO ASSESS CHARGES. CITY LANDSCAPE MAINTENANCE DISTRICTS (TRACTS 9284.9382.8485.7673.9373/7654. AND CAPISTRANO ROYALE) (345.20) Pr : Consideration of proposed annual assessments for the subject City Landscape Maintenance Districts. Written Communications: (1) Report dated July 21, 1992, from the Director of Public Lands and Facilities, recommending confirmation of the charges to be assessed in the Landscape Maintenance Districts for Tracts 9284, 9382, 8485, 7673, 9373/7654, and Capistrano Royale. (2) Note dated July 14, 1992, from Ruth Clark, 28182 Calle San Remo, requesting that the landscape maintenance be improved on La Ronda in Los Corrales. Mr. Sievers made an oral presentation and noted the attendance by residents at the public workshop held on July 9, 1992. He stated that all of the proposed costs are equal to or lower than in previous years and represent a 36-44% reduction in costs. He noted that the area referred to in Ms. Clark's letter was not part of the Landscape Maintenance Districts and that he would respond to her letter directly. Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Resolution ConfirminurCost s: It was moved by Councilman Hausdorfer, seconded by Councilman Harris, that the following Resolution be adopted: Ma 7/21/92 RESOLUTION NO 92-7-21-7. CONFIRMING COST REPORT - 1992 LANDSCAPE MAINTENANCE DISTRICTS (TRACTS 9284 9382 8485 7673. 9373/7654, AND CAPISTRANO ROYALE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE COST REPORT FOR 1992 LANDSCAPE MAINTENANCE DISTRICTS' CHARGES IN THE CITY OF SAN JUAN CAPISTRANO (TRACTS 9284, 9382, 8485, 7673, 9373/ 7654, AND CAPISTRANO ROYALE) The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None The Resolution sets the following assessments and authorized the County Assessor's Office to include the charges on the property tax roll: $ 629 per home $ 342 per home $ 177 per home $ 170 per home $ 66 per home $1,091 per home M n1 10CA"# Tract 9284 (Seaview) Tract 9382 (Belford Terrace) Tract 8485 (Mission Springs) Tract 7673 (Mission Woods) Tract 9373/7654 (Los Corrales) Capistrano Royale Council recessed at 9:10 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 9:11 p.m. ADM MSTRATIVE ITEMS CITY MANAGER 1. RESOLUTION AMENDING THE CLASSIFICATION AND COMPENSATION PLAN _CREATING ONE POSITION AND MODIFYING AN EXISTING POSITION (COUNTER TECHNICIAN/GRADING AND BUILDING PLANS EXAMINER) (700.20) Written Communication: Report dated July 21, 1992, from the Assistant City Manager, recommending that the position of Building and Engineering Counter Technician be created to replace an existing vacant Building and Zoning Assistant position, and that the position of Building Plans Examiner be modified to reflect a broader scope of responsibility and retitled Building and Grading Plans Examiner. Resolution Amending the Personnel Classification and Compensation Plan: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Resolution be adopted: -lo- 7/21/92 033 RESOLUTION NO, 92-7-21-8. AMENDING RESOLUTION NO. 91-9-17-7. THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 91-9-17-7 THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN CREATING ONE POSITION AND MODIFYING AN EXISTING POSITION (BUILDING AND ENGINEERING COUNTER TECHNICIAN AND BUILDING AND GRADING PLANS EXAMINER) The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None 2. CABLE TELEVISION FRANCHISEAGREEMENTEXPIRATION -APPOINTMENT OF CABLE TELEVISION BOARD (1000.50) Written Communication: Report dated July 21, 1992, from the Assistant City Manager, advising that the 25 -year cable television franchise with Times-Mirror Cable TV Company (Dimension Cable) will expire in 1993 and noting that the company has requested that the franchise be renewed. Ordinance No. 528 allows a 12 -year renewal of cable television franchises and provides for a cable television board to review the performance of the company and make recommendations to the City Council. The report recommended a process for appointment of a cable television board, including advertising for applicants, with appointments to be considered at the August 18th meeting. The Board (ad hoc committee) is to consist of persons from the community and/or administrative staff of the City. Technical assistance will be provided by Communications Support Corporation. Approval of Cable TV Board Appointment Process: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that the staff -recommended process for appointment of the Cable TV Board be approved. The City Clerk was authorized to advertise for positions, and staff was directed to schedule Council consideration of appointments for the City Council meeting of August 18, 1992. 1. CONSIDERATION OFAMENDMENTTO TITLE 2. CHAPTER 4 OFTHE MUNICIPAL CODE - CAMPAIGN CONTRIBUTION LIMITS (630.20) Written Communication: Report dated July 21, 1992, from the City Attorney, forwarding a draft Ordinance which would limit campaign contributions to $250 in the support or defeat of any single candidate in any single election for any municipal office. Anonymous contributions would be limited to $500, any anonymous funds in excess of $500 would be placed in a special fund to be used to defray the costs of printing, handling candidates' statements, and general costs of municipal elections. Councilman Hausdorfer stated that he had asked the City Attorney to review the City Ordinance pertaining to campaign contributions and noted that the only modification was a higher limit for -11- 7/21/92 034 contributions, which he felt would be beneficial to those challenging incumbents. Councilman Vasquez felt that the current $100 limit for contributions was sufficient. Introduction of Ordinance Limiting Campaign Contributions: 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 Hausdorfer, seconded by Councilman Friess, that the following Ordinance be introduced: AMENDING TITLE 2 CHAPTER 4 OFTHE MUNICIPAL CODE - CAMPAIGN CONTRIBUTIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 2, ADMINISTRATION, CHAPTER 4, MUNICIPAL ELECTIONS, ARTICLE I, CAMPAIGN CONTRIBUTIONS The motion carried by the following roll call vote: AYES: Councilmen Friess, Hausdorfer, and Mayor Jones NOES: Councilmen Harris and Vasquez ABSENT: None DIRECPOR OF PLANNING SERVICES 1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (44010) Written Communication: Report dated July 21, 1992, from the Director of Planning Services, advising that no new development applications were received by the City since the last report of June 16, 1992. It was moved by Councilman Harris, seconded by Councilman Hausdorfer, and unanimously carried that the Report be received and filed. t I• s • • W „I„ 1. CONSIDERATION OF CITY PARTICIPATION IN THE THIRD ANNUAL RANCHO DAYS - SATURDAY. AUGUST 22. 1992 (150.60) Written Communication: Report dated July 21, 1992, from the Director of Community Services, recommending that the City donate the use of tables and chairs and waive the permit fees for the installation of banners for the Third Annual Rancho Days, to be held on August 22, 1992, at the Mission San Juan Capistrano. Mr. King made an oral presentation and noted there would be no street closures with this one -day event and the event organizers will pay for installation of the banners by the City. Approval of Waiver of Permits: It was moved by Councilman Harris, seconded by Councilman Friess, and unanimously carried that the permit fees for the installation of signs and banners for the Third Annual Rancho Days on August 22, 1992, be waived. -12- 7/21/92 1. APPROVING REZONE 92-01 - SYCAMORE BUSINESS PARK (SPAULDING) (ADOPTION) (460.20) Written Communication: Report dated July 21, 1992, from the City Clerk, advising that the Ordinance was introduced at the meeting of July 7, 1992, and was scheduled for adoption. 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 Hausdorfer, seconded by Councilman Friess, that the following Ordinance be adopted: ORDINANCE NO. 707. APPROVING REZONE 92-01- 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 4 -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 2. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - ADDITIONAL MANUFACTURING AND COMPOUNDING USES IN THE COMMERCIAL MANUFACTURING DISTRICT (SYCAMORE BUSINESS PARK/SPAULDING) (ADOPTION) (420.30) Written Communication: Report dated July 21, 1992, from the City Clerk, advising that the Ordinance was introduced at the meeting of July 7, 1992, and was scheduled for adoption. 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 Harris, seconded by Councilman Vasquez, that the following Ordinance be adopted: ORDINANCE NO, 708. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - ADDITIONAL MANUFACTURING AND COMPOUNDING USES IN THE COMMERCIALMANUFACTURING 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) -13- 7/21/92 The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None COUNCELMANIC ITEMS 1. DECLARATION OF VACANCY - DESIGN REVIEW COMMISSION (110.20) Written Communication: Report dated July 21, 1992, from the Council Services Manager, noting the voluntary resignation of Ken Aspis from the Design Review Commission. Declaration of Vacancv: It was moved by Councilman Hausdorfer, seconded by Councibnan Friess, and unanimously carried to accept the resignation of Ken Aspis from the Design Review Commission and to declare the position vacant. The City Clerk was directed to post notices of the vacancy and to advertise for applications for the position, for consideration at the City Council meeting of August 18, 1992. 2. DECLARATION OF VACANCY - PARKS AND RECREATION COMMISSION (110.20) Written Communication: Report dated July 21, 1992, from the Council Services Manager, noting the verbal resignation of Tiffany Allevato from the Parks and Recreation Commission. Declaration of Vacancy. It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried to accept the resignation of TerryAllevato from the Parks and Recreation Commission and to declare the position vacant. The City Clerk was directed to post notices of the vacancy and to advertise for applications for the position, for consideration at the City Council meeting of August 18, 1992. 3. ORAL REPORTS OF OUTSIDE AGENCIES a. San Joaquin Hills Transportation Corridor (800,50) Councilman Friess stated that the Agency entered into a lawsuit to activate the legal process at the federal level in order to force the pending case into the court system to avoid delays of the Corridor project. 1. DONATION TO CITY PROGRAM (960.10) Mayor Jones expressed appreciation to Vaughn and Madeline Clark for their donation to the day camp on the City's "Wish List." -14 7/21/92 2. APPROVAL OF CONSULTANT APPRAISAL SERVICES (CONFLICT OF INTEREST) (PARKCENTER REALTY ADVISORS) (640,50/600.30) Mr. Julian requested that the Council consider an off -agenda item relating to the hiring of a real estate consultant to provide a professional evaluation to determine whether or not each City Council member would have a potential conflict of interest pertaining to the Solag Disposal relocation, Little Hollywood housing, and the Historic Town Center project. He noted that a report on the item dated July 21, 1992, was not received in time to place the item on the agenda prior to its posting. Finding for Consideration of Off -Agenda Item: It was moved by Councilman Friess, seconded by Councilman Harris, and unanimously carried to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. Mr. Julian noted that the contract would evaluate three projects which pose potential conflicts of interest to various members of the City Council with respect to distance of property ownership requirements. A real estate consultant and qualified appraiser estimated it would cost approximately $8,000-$9,000 to perform an analysis of the values of the holdings for each Council member. Mr. Julian felt that the expenditure was an appropriate use of public funds since the municipality has an interest in making sure that none of the issues that the City Council votes on are clouded by conflict of interest concerns. Further, it was in the interest of the City to have a clear record on this, since this information would be required to satisfy the Fair Political Practices Commission if they were charged with enforcing the action. Councilmen Friess stated he felt the conflict of interest laws were clear and if there was a question about whether or not there was a problem, each individual Council member needed to use his discretion and own best judgment; therefore, he could not support the action. Mr. Denhalter stated that he had spoken with a member of the Fair Political Practices Commission legal staff and there were indications that without factual information from an appraiser the City would basically receive an advice letter indicating that if certain conditions exist, voting should not occur. If the City wanted more than that in written form the Commission needed factual data. Julian explained that if a conflict of interest is perceived the Council must abide by the rule of necessity to determine who will vote on the issue. Councilman Friess cited concern that if this precedent were started then every project would require a new appraisal. He felt that a general ruling as to conflicts of interest with issues impacting the general population would suffice; that this action would not prevent filing complaints with the Fair Political Practices Commission. Councilman Vasquez felt the expenditure was warranted because of the importance of the three issues to be considered. Councilman Harris felt the expenditure was warranted just to prevent individuals from filing accusations of conflicts of interest. Councilman Hausdorfer inquired what the benefits to the City would be in having these appraisals performed. Mr. Denhalter advised that the Fair Political Practices Commission indicated that they had the ability to immunize a person asking them a question if they are able to ascertain sufficient facts to write an advice letter. The Commission can dispense some kind of immunity from further prosecution; however, that did not happen frequently. In addition, the public general exception cannot apply to the business situation; it does apply to real estate. Councilman Hausdorfer stated that although he emotionally concurred with Councilman Friess, he still felt that to the extent possible, Council should go the extra step and if it would preclude some of the accusations in the future he would support the action. 15- 7/21/92 Approval of Hiring Real Estate Consultant: It was moved by Councilman Hausdorfer, seconded by Councilman Harris, that the City Manager be authorized to enter into a Consultant Services Agreement with a professional M.A.I. real estate appraiser service, Parkcenter Realty Advisors, in an amount not to exceed $9,000, to perform an analysis of the values of the holdings for each Council member with regard to the Solag Disposal relocation, Little Hollywood housing, and the Historic Town Center project. The motion was carried by the following roll call vote: AYES: Councilmen Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: Councilman Friess ABSENT: None Mayor Jones inquired whether a Council member could speak on personal issues as a resident without involving a potential conflict of interest. Mr. Denhalter advised that the FPPC allows a Council member to speak as an individual on any matter that affects him/her personally as part of the public process. However, that member could not deliberate or vote on that issue and must disclose what the conflict of interest might be. Council recessed to a Closed Session at 9:45 p.m. for discussion of pending litigation per Government Code Section 54956.9(a) (Committee to Restore Inte rg ty v. Citv), the City Clerk being excused therefrom, and reconvened at 10:30 p.m. ADJOURNMENT There 'being no further business before the Council, the meeting was adjourned at 10:30 p.m. to the next regular meeting date of Tuesday, August 4, 1992, at 7:00 p.m, in the City Council Chamber. Respectfully submitted, -16- 7/21/92