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.
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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.
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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
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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 —
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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
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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
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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
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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:
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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:
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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:
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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
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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.
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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)
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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."
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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.
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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,
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