92-0818_CC_Minutes_Regular Meeting053
AUGUST 18, 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 Reverend Jim Tracy of the Capistrano Church of the Nazarene.
ROLL CAId PRESENT:
ABSENT:
Gil Jones, Mayor
Kenneth E. Friess, Councilman
Jerry Harris, Councilman
Gary L. Hausdorfer, Councilman
Jeff Vasquez, Councilman
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.
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. PROCLAMATION DESIGNATING THE MONTH OFAUGUST 1992AS "VOLUNTEER
FIREFIGHTER RECOGNITION MONTH" (610.402
Written Communication:
Report dated August 18, 1992, from the City Clerk, forwarding the Proclamation.
Approval and Presentation of Proclamation:
Mayor Jones read the Proclamation in full. Captain Leonard Goodwin was present to receive the
Proclamation.
ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCYI
1. RANCHO DAYS (150.60)
Don Tryal, 27539 Paseo Mimosa, encouraged public attendance at the Third Annual Mission Rancho
Days celebration at the Mission San Juan Capistrano on Saturday, August 29, 1992.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman Vasquez, that the staff recommendations
be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote:
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AYES: Councilmen Friess, Harris, Hausdorfer,
Vasquez, and Mayor Jones
NOES: None
ABSENT: None
1. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF JULY 21.1992
The Minutes of the Regular Meeting of July 21, 1992, were approved as submitted.
2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES -
REGULAR MEETING OF JULY 21,199
The Minutes of the Regular Meeting of July 21, 1992, were approved as submitted.
3. RECEIVE AND FILE CITY TREASURER'S REPORT OF INVESTMENTS AS OF
JULY 31. 1992 (350.30)
The City Treasurer's Report of Investments as of July 31, 1992, in the total amount of $18,530,278.13
was received and filed.
4. DENIAL OF CLAIM - PROPERTY DAMAGE (JAMES BREVARDI (170.101
The claim received by the City from James Brevard on July 31, 1992, in the amount of $236.36 for
property damage was denied, as set forth in the Report dated August 18, 1992, from the City Attorney.
5. RESOLUTION DESIGNATING AN AUTHORIZED REPRESENTATIVE FOR
REIMBURSEMENT FROM FEDERAL EMERGENCY MANAGEMENT AGENCY AND
THE STATE OFFICE OF EMERGENCY SERVICES (520,40)
As set forth in the Report dated August 18, 1992, from the Director of Administrative Services, the
following Resolution was adopted authorizing the City Manager, Assistant City Manager, or the
Director of Administrative Services to file for reimbursement in the amount of $37,824 from the
Federal Emergency Management Agency and the State Office of Emergency Services:
RESOLUTION NO. 92-8-18-1. DESIGNATING AN AUTHORIZED
REPRESENTATIVE FOR APPLICATION FOR FEDERAL EMERGENCY
MANAGEMENT AGENCY AND STATE OFFICE OF EMERGENCY
SERVICES FINANCIAL ASSISTANCE A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DESIGNATING AN AUTHORIZED REPRESENTATIVE FOR THE PURPOSE
OF OBTAINING FUNDS FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY AND STATE OFFICE OF EMERGENCY
SERVICES
The funds will reimburse the City for its emergency response during the heavy rains in February 1992
and the resultant declaration of Orange County as a federal disaster area; $14,959 of the funds would
be allocated for staff time and equipment and $22,865 for repairs to equestrian trails.
The following items were removed from the Consent Calendar at the request of Councilman Friess and the
City Manager.
&A
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055
REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60)
Councilman Friess inquired whether the Design Review Commission needed further clarification
regarding the fighting and landscaping for the Mission Church and City Library parking lot. Mr. Julian
stated that the Commission's request was discussed with staff, and any recommended changes to the
plan would be referred back to the Design Review Commission for review and recommendation to
the City Council.
It was moved by Councilman Friess, seconded by Councilman Hausdorfer and unanimously carried
to receive and file the Report dated August 18, 1992, from the Director of Planning Services, regarding
actions taken at the meeting of August 5, 1992.
DENIAL OF CLAIM - PERSONAL INJURIES LAMES HOWARD) (170.10)
The City Manager advised that this item was mistakenly removed from the Consent Calendar. It was
moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that the
claim received by the City from Chet Williams, attorney for Novian, Novian & Younesi, on behalf of
James Howard in the amount of $1,100,000 for personal injuries, be denied, as set forth in the Report
dated August 18, 1992, from the City Attorney.
PUBLIC HEARINGS
1. REQUEST FOR REZONE 91-01, VESTING 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)
(460.20/420.40/600.30) (CONTINUED FROM AUGUST 4. 1992)
Proposal:
Consideration of a Rezone to amend the Forster Canyon Comprehensive Development Plan, Vesting
Tentative Tract Map 14343, and Development Agreement for the San Juan Meadows project located
along La Novia Avenue east of Interstate 5 and west of the Glenfed Planned Community. The 148 -
acre project consists of 155 single-family detached lots, 120 single-family attached units, 180 senior
housing units, a 9 -hole 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 August 4, 1992, for
staff and the applicant to address the concerns expressed by the Council.
Applicant: Uulicant's Representative:
Al Brende and Ray Poulter Phillip Schwartze
San Juan Creek Associates, Ltd. The PRS Group
324 West Fourth Street 27132-B Paseo Espada, #122
Santa Ana, CA 92701 San Juan Capistrano 92675
Written Communication:
Report dated August 18, 1992, from the Director of Planning Services, providing clarification of the
concerns expressed by the Council at the August 4 meeting regarding residential development
standards, construction/public improvement phasing, and applicability of affordable housing
requirements.
Exhibits were on display, and Mr. Tomlinson made an oral presentation. Councilman Friess noted
that he met with Mr. Tomlinson prior to this meeting to discuss his concerns, which he stated were
answered to his satisfaction.
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Public Hearin:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the
following person responded:
(1) Phillip Schwartze of the PRS Group, representing the applicant, San Juan Creek Associates,
stated that the applicant understood and concurred with the recommendations proposed by
staff.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Council Discussion:
Councilman Friess suggested that the draft Ordinances and Resolutions be modified as follows:
Rezone:
(1) The document should clarify that the maximum density for the senior housing of 180 units
should not be considered a target or a guaranteed number of units in order to avoid too many
units being squeezed into a smaller space.
(2) If the timing of this project does not coincide with the TMC project and "C" Street is not
constructed, it would eliminate dual access for this project and isolate certain residents.
Therefore, he recommended that units be concentrated on the easterly portion of the San
Juan Meadows project.
(3) The senior housing portion of the project should preclude any three-story elements and must
be residential and equal in appearance to nearby structures and not appear institutional.
Vesting Tentative Tract Map:
(1) Construction of "C' Street should conform to the Rezone requirement.
(2) With regard to the installation of landscaping, the early planting of slope trees after initial
grading should be emphasized to mitigate view impacts as soon as possible.
(3) The condition regarding project financing be modified to require that any infrastructure
financing district be fully retired at the close of escrow for each individual unit.
(4) All of the smallest lots (5,000 square feet) in the Mesa Residential District back onto the golf
course.
Councilman Vasquez stated he would not support the project because of its density and reduced
amount of open space between homes, which he felt were inappropriate for the area because of its
view impacts in the City. He felt that the project should be financed by the developer without
involvement with infrastructure financing from the City.
Councilman Harris stated he would not support the project because of the small lot sizes, project
density, and impact on the City's view corridors and made the following suggestions:
(1) Because of the insufficient amount of open space between the buildings for adequate
landscaping to mitigate the visual impacts, the lot sizes should be increased to 8,000 square
feet (minimum), 9,000 square feet, and 10,000 square feet.
(2) The senior housing portion of the project should have increased one-story elements and a
village -like appearance, citing opposition to two-story units in this particular location.
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(3) The 180 units proposed for the senior housing should be deducted from the total of 455 units
and not added to total 275 residential units.
(4) All landscaping plans should be subject to review by the Design Review Commission to
ensure that view impacts are adequately mitigated.
Mr. Tomlinson noted that architectural review of the townhomes and senior housing would be the
responsibility of the Design Review Commission, while the Planning Commission would have the
responsibility of reviewing the single-family housing plans.
Councilman Hausdorfer suggested that the senior housing portion of the project be required to have
a combination of one- and two-story elements. He cited his support of the project for its abundance
of open space and balance of housing.
Introduction of Ordinance Approving Rezone 91-01:
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 Friess, seconded by Councilman
Hausdorfer, that the following Ordinance be introduced, with the following modifications:
(1) Addition to Section 2(b): The maximum density for the senior housing of 180 units shall not
be considered a target or guaranteed number of units.
(2) Addition to Section 2(e)(1): If the timing of this project does not coincide with the TMC
project, construction of "C" Street shall be tied to specific lots, with 100 units limited to the
easterly portion of the project.
(3) The senior housing portion of the project shall preclude any three-story elements and shall
require a combination of one- and two-story elements. In addition, it shall be residential, not
institutional, in appearance and equal in appearance to nearby structures.
APPROVING REZONE 91-01 - AMENDMENT TO THE FORSTER CANYON
COMPREHENSIVE DEVELOPMENT PLAN (SAN JUAN MEADOWS/SAN
JUAN CREEK ASSOCIATES) - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING THE FORSTER CANYON
COMPREHENSIVE DEVELOPMENT PLAN - REZONE 91-01 (SAN JUAN
MEADOWS/SAN JUAN CREEK ASSOCIATES)
The motion carried by the following roll call vote:
AYES: Councilmen Friess, Hausdorfer, and Mayor Jones
NOES: Councilmen Harris and Vasquez
ABSENT: None
Adoption of Resolution Approving Vesting Tentative Tract Map:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer, that the following
Resolution be adopted, with the following modifications:
(1) Addition to Condition 3(c): If the timing of this project does not coincide with the TMC
project, construction of "C" Street shall be tied to specific lots, with 100 units limited to the
easterly portion of the project.
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(2) With regard to Condition 8(a), the early planting of street trees after initial grading shall be
emphasized to mitigate view impacts as soon as possible.
(3) Modification to Condition 23 to require retirement of any improvement indebtedness at the
close of escrow for each individual unit.
(4) Modification to Condition 29: All of the 5,000 -square -foot lots in the Mesa Residential
District shall back onto the golf course.
RESOLUTION NO, 92-8-18-2. VESTING TENTATIVE TRACT MAP 14343
JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES) - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 14343 (SAN
JUAN MEADOWS/SAN JUAN CREEK ASSOCIATES)
The motion carried by the following roll call vote:
AYES: Councilmen Friess, Hausdorfer, and Mayor Jones
NOES: Councilmen Harris and Vasquez
ABSENT: None
Introduction of Ordinance Approving Development Agreement:
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 Harris, that the following Ordinance be introduced:
APPROVING DEVELOPMENT AGREEMENT - SAN JUAN MEADOWS/SAN
JUAN CREEK ASSOCIATES - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE DEVELOPMENT
AGREEMENT FOR TENTATIVE TRACT MAP 14343, REZONE 91-01,
GENERAL PLAN AMENDMENT 92-02 (SAN JUAN MEADOWS/SAN JUAN
CREEK ASSOCIATES)
The motion carried by the following roll call vote:
AYES: Councilmen Friess, Hausdorfer, and Mayor Jones
NOES: Councilmen Harris and Vasquez
ABSENT: None
2. REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT AND TIME _
EXTENSION FOR TENTATIVE TRACT MAP 13823 AT PROPERTY LOCATED
SOUTHEAST OF SAN JUAN CREEK ROAD AND NORTH OF THE HIDDEN
MOUNTAIN RESIDENTIAL DEVELOPMENT (DIFFLEY) (600.30/420.40)
(CONTINUED FROM AUGUST 4. 1992)
Proposal:
Consideration of a five-year Development Agreement and a time extension for Tentative Tract Map
13823 to run concurrently with the term of the Development Agreement, for a 13 -lot custom home
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subdivision. The public hearing was continued from the meeting of August 4 for staff to resolve final
details of the proposed Development Agreement with the applicant.
Applicant/Property Owner:
David Diffley
252 Potosi Way
Henderson, NV 89014
Written Communication:
Report dated August 18, 1992, from the Director of Planning Services, recommending that the
applicant's request for a one-year time extension to June 19, 1993, for the Tentative Tract Map be
approved, but that consideration of the Development Agreement be continued to September 1, 1992,
for staff to resolve final details of the proposed Development Agreement with the applicant.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being
no response, the Tentative Tract Map portion of the hearing was declared closed with the right to
reopen at any time.
Resolution Approving Time Extension for Tentative Tract MaQ:
It was moved by Councilman Harris, seconded by Councilman Hausdorfer, that the following
Resolution be adopted:
RESOLUTION NO. 92-8-18-3. APPROVING ONE-YEAR TIME EXTENSION
FOR TENTATIVE TRACT MAP 13823 (DIFFLEY) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT
MAP 13823, A 13 -LOT CUSTOM HOME SUBDIVISION GENERALLY
LOCATED SOUTHEAST OF SAN JUAN CREEK ROAD AND NORTH OF
HIDDEN MOUNTAIN (DIFFLEY)
The motion carried by the following vote:
AYES: Councilmen Harris, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSTAIN: Councilman Friess
ABSENT: None
Continuation of Public Hearing:
It was moved by Councilman Hausdorfer, seconded by Councilman Harris, and unanimously carried
with Councilman Friess abstaining that the portion of the hearing relating to the Tentative Tract Map
be continued to the meeting of September 1, 1992. Councilman Friess abstained due to the proximity
of his residence to the project.
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Y
3. REQUEST FOR GENERAL PLAN AMENDMENT 92-02. REZONE 91-04,
TENTATIVE PARCEL MAP 92-125 FOR PROPERTY LOCATED AT THE
NORTHWEST CORNER OF THE INTERSECTION OF ORTEGA HIGHWAY
AND RANCHO VIEJO ROAD (PLAZA DE LAS GOLONDRINAS/ BENNINGHOFF/
EOUITRUST)_(420.70/460.20/440.25)
Councilman Vasquez left the Council Chamber due to a conflict of interest.
Proposal:
Consideration of a request to amend the Land Use Section of the General Plan to redesignate the
2.37 -acre parcel from Medium Density Residential to Special Study area to accommodate a
neighborhood convenience center (General Plan Amendment 92-02); a rezone from Office
Commercial (CO) to Precise Plan (SP) (Rezone 91-04); and tentative parcel map (Tentative Parcel
Map 92-125) to subdivide the site into four separate parcels with a common Lot A.
ADnlicant/Property Owner:
Charles F. Benninghoff III
Equitrust
400 Benninghoff Law Building
31411 Camino Capistrano
San Juan Capistrano, CA 92675
Written Communications:
(1) Report dated August 18, 1992, from the Director of Planning Services, recommending that
the General Plan Amendment, Rezone, Tentative Parcel Map, and the site development
portion of the Architectural Control application be conditionally approved. Staff
recommended modification of the rezone request to allow 50% retail uses (including the
proposed restaurant) and 50% office commercial uses for each phase of the project in lieu of
the applicant's proposal for 65% retail and 35% office commercial uses for the entire project.
The Report also addressed the concerns previously expressed by the Planning Commission.
(2) Letter dated August 12, 1992, from Thomas Merrell of Civic Solutions, requesting that: 1)
religious uses, public and semi-public uses, vocational schools, liquor stores, and sales of
alcoholic beverages be permitted uses for the center; 2) the deletion of the 800 square foot
limitation; 3) the deletion of fair share fee requirement for infrastructure improvements; and
4) the deletion of bond requirement for the construction of left -turn prohibition improve-
ments.
(3) Letter dated August 13, 1992, from Mary Ann and Steve Hile, 31501 Galano Way, in support
of the project.
Exhibits were on display, and Mary Raskin, Assistant Planner, made an oral presentation. She
explained the differences between the adopted Planning Commission Resolution and the draft
Resolution proposed by staff and clarified the Planning Commission's intent to limit the square footage
of the uses to 800 square feet. She noted that although the City's Traffic Engineer determined that
it would not be necessary to restrict left turns for this project at this time, staff felt that the applicant
should post a bond for the construction of left -turn prohibition improvements in the future, if
necessary.
Public Hearine:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the
following persons responded:
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(1) Thomas Merrell of Civic Solutions, 31726 Rancho Viejo Road, Suite 223, project consultant
for the applicant, emphasized the importance of making the center economically viable with
appropriate retail uses, in that it would be difficult to obtain financing for the percentage of
office uses proposed by staff. He stated that none of the uses proposed by the applicant
would be obnoxious or dominate the project since the heavier commercial and industrial type
uses and high-density residential would be prohibited. He stated that most of the retail uses
proposed would generate traffic during off-peak hours and that some of the spaces above the
units could be used by the tenants as residential units. He felt that the center would serve
the present and future needs of the population on the east side of the freeway. He noted the
receipt of 500 signed responses in support of the project. He requested that the project as
proposed by staff be modified as follows:
(a) Adopt the Precise Plan prepared by Equitrust and the permitted uses therein,
including religious uses, public and semi-public uses, and vocational schools, to add
more economic viability to the center.
(b) Permit the sale of packaged and alcoholic beverages. He felt there were adequate
existing zoning regulations to control these uses.
(c) Delete the restriction of 800 square feet because of the difficulty in leasing such a
small area.
(d) Delete the requirement that the convenience store use be subject to a Conditional
Use Permit. He suggested that existing zoning regulations be used to control any
problems.
(e) Delete the requirement for a fair share deposit to guarantee the widening of Ortega
Highway. He felt that this project would be financed by another public agency at no
cost to the City.
(f) Delete the bond requirement for the construction of left -turn prohibition
improvements and allow no restrictions on left turns in and out of the project. He
noted that bonds were not required of other projects in the area and that Caltrans
should be responsible for this type of improvement.
(g) Adoption of the specific Development Standards proposed by the applicant for the
project.
(2) The applicant, Charles Benninghoff III, 31411 Camino Capistrano, stated that his request to
permit the sale of alcoholic beverages in the center was to remain competitive with other
markets in the area and not to become a liquor store. He felt that the uses for the center
should be flexible so as to be dictated by the marketplace and should not be subject to
Conditional Use Permits.
There being no further input, the hearing was declared closed with the right to reopen at any time.
' Council Discussion:
Councilman Harris noted that the blighted condition at the site has existed for many years without the
successful completion of previously approved projects to remedy the situation. He spoke in favor of
the proposed project, noting that the applicant's planning team had a commendable track record in
the City and would produce an attractive project that would be characteristic of the City. Councilman
Friess concurred and stated that the Council should be realistic in considering the project's economic
viability. He felt that restricting the types of uses for the center would limit the applicant's ability to
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obtain funding for construction of the project; however, he still had concerns regarding the proposed
convenience store use.
Councilman Hausdorfer felt that the types of uses should not be based on current market conditions.
He disagreed that allowing a larger percentage of retail uses for the project would make it easier to
obtain financing and noted the vacancies at the Pueblo Serra development. He stated that more traffic
would be associated with retail uses; it would be wrong to allow left turn movements; and, the
applicant should be required to post a bond for the future improvements, if necessary. He felt that
the applicant's large mix of proposed retail uses would have a negative impact on the area in the
future.
Mayor Jones cited concerns regarding vacant office space and noted the revenues the City would
receive from the uses proposed by the applicant. He voiced support of the project and felt it would
be a success and a benefit to the community.
The Council discussed whether or not to limit the uses to 800 square feet, as proposed by staff, or
restrict it to a higher square footage. Councilman Friess felt that the convenience store should be
limited to 4,500 square feet to discourage a market the size of Vons or Ralphs at this site; a store
larger than 4,500 square feet would be subject to a Conditional Use Permit.
The Council also debated whether to allow the sale of hard liquor at the convenience store or limit
the sales of alcoholic beverages to beer and wine only.
With regard to the requirement for fair share allocation of funds toward the future widening of Ortega
Highway, Councilman Friess felt that since the widening may not take place for many years, the funds
should instead be placed into a fund and used for public improvements that would occur closer in time
to the completion of this center. It was a consensus of the Council that this issue be addressed
separately and not be made a part of the approval of the Tentative Parcel Map. Mr. Julian concurred
and noted that much research and investigation would be required for the widening of Ortega
Highway, particularly because of the old Mission cemetery.
With regard to the bond for left -turn improvements, Councilman Friess felt that left turns should be
allowed on Ortega Highway without requiring a bond to the posted by the applicant for future left -turn
prohibition improvements.
Resolution Approving General Plan Amendment 92-02:
It was moved by Councilman Friess, seconded by Councilman Harris, that the following Resolution
be adopted, subject to the following modifications:
(1) Reference to 50% commercial use and 50% office use (in each phase of the project) (Special
District Uses) shall be deleted.
(2) The Special District Uses shall be modified as follows:
(a) Special District Uses shall incorporate the uses included in Section 4, Permitted
Uses, of the Precise Plan prepared by Equitrust (including convenience stores).
(b) All permitted retail uses shall be limited to 1,600 square feet, with the exception of
the convenience store use, which shall be limited to 4,500 square feet. Any additional
area shall be subject to a Conditional Use Permit.
(c) The sale of alcoholic beverages (including beer, wine, and packaged liquor) shall not
be prohibited in an appropriately licensed facility.
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f
(d) Accessory uses, public offices, religious -related uses, private schools, and technical
schools shall be included as permitted uses requiring a Conditional Use Permit.
(e) Outdoor dining shall be a permitted use subject to the review and approval by the
Planning Commission not the Design Review Commission.
(2) The Development Constraints section shall be modified to incorporate the Development
Standards outlined in the Precise Plan prepared by Equitrust. Final approval of the Historic
Depiction Program shall follow the normal review process by the Cultural Heritage
Commission,
RESOLUTION NO, 92-8-18-4. APPROVING GENERAL PLAN AMENDMENT
92-02 (PLAZA DE LAS GOLONDRINAS/BENNINGHOFF/EOUITRUST) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING GENERAL
PLAN AMENDMENT 92-02 FOR A 2.37 -ACRE SITE ON THE NORTHEAST
CORNER OF ORTEGA HIGHWAY AND RANCHO VIEJO ROAD (PLAZA
DE LAS GOLONDRINAS/BENNINGHOFF/EQUITRUST)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, and Mayor Jones
NOES: Councilman Hausdorfer
ABSENT: Councilman Vasquez
Introduction of Ordinance Approving Rezone 91-04:
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 introduced, subject to the following modifications:
(1) Reference to 50% commercial use and 50% office use (in each phase of the project) (Special
District Uses) shall be deleted.
(2) The Special District Uses shall be modified as follows:
(a) Special District Uses shall incorporate the uses included in Section 4, Permitted
Uses, of the Precise Plan prepared by Equitrust (including convenience stores).
(b) All permitted retail uses shall be limited to 1,600 square feet, with the exception of
the convenience store use, which shall be limited to 4,500 square feet. Any additional
area shall be subject to a Conditional Use Permit.
(c) The sale of alcoholic beverages (including beer, wine, and packaged liquor) shall not
be prohibited in an appropriately licensed facility.
(d) Accessory uses, public offices, religious -related uses, private schools, and technical
schools shall be included as permitted uses requiring a Conditional Use Permit.
(e) Outdoor dining shall be a permitted use subject to the review and approval by the
Planning Commission not the Design Review Commission.
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(2) The Development Constraints section shall be modified to incorporate the Development
Standards outlined in the Precise Plan prepared by Equitrust. Final approval of the Historic
Depiction Program shall follow the normal review process by the Cultural Heritage
Commission.
APPROVING REZONE 91-04. PLAZA DE LAS GOLONDRINAS
(BENNINGHOFF/EOUITRUST) - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING A
ZONE CHANGE FROM OFFICE COMMERCIAL (CO) TO PRECISE PLAN
(SP) FOR A 2.37 -ACRE SITE ON THE NORTHEAST CORNER OF ORTEGA
HIGHWAY AND RANCHO VIEJO ROAD (PLAZA DE LAS
GOLONDRINAS/BENNINGHOFF/ EQUITRUST)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, and Mayor Jones
NOES: Councilman Hausdorfer
ABSENT: Councilman Vasquez
Resolution Approving Tentative Parcel Mao 92-125:
It was moved by Councilman Friess, seconded by Councilman Harris, that the following Resolution
be adopted, subject to the following modifications:
(1) Staff was directed to determine a more timely and pragmatic use for the fair share deposit
in lieu of the widening of Ortega Highway.
(2) Staff was directed to prepare a report for City Council review regarding the potential impact
on parking from medical uses at this site.
RESOLUTION NO, 92-8-18-5. APPROVING TENTATIVE PARCEL MAP 92-125
(PLAZA DE LAS GOLONDRINAS/ BENNINGHOFF/EOUITRUST) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE
PARCEL MAP 92-125 FOR A 2.37 -ACRE SITE ON THE NORTHEAST
CORNER OF ORTEGA HIGHWAY AND RANCHO VIEJO ROAD (PLAZA
DE I.AS GOLONDRINAS/BENNINGHOFF/ EQUITRUST)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, and Mayor Jones
NOES: Councilman Hausdorfer
ABSENT: Councilman Vasquez
ADnroyal of Bond for Left -Turn Prohibition Improvements:
It was moved by Councilman Harris, seconded by Councilman Hausdorfer, that a bond be required
for the construction of left -turn prohibition improvements, if necessary. The motion was carried by
the following roll call vote:
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065
AYES: Councilmen Harris, Hausdorfer, and Mayor Jones
NOES: Councilman Friess
ABSENT: Councilman Vasquez
On behalf of the applicant, Mr. Merrell requested that all documents in this matter reflect "Equitrust"
as the applicant instead of 'Benningboff."
Councilman Vasquez returned to the Council Chamber.
4. REQUEST FOR A ONE-YEAR EXTENSION OF TENTATIVE TRACT MAP 10634
FOR PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF
CAMINO CAPISTRANO AND JUNIPERO SERRA ROAD (-PUEBLO SERRA/
SAFFELL & McADAM. INC. BUILDERS) (420.40)
Proposal:
Consideration of a second one-year time extension for Vesting Tentative Tract Map 10634 for the
Pueblo Serra Planned Community, a six -parcel subdivision of approximately 30 acres located at the
southeast corner of Camino Capistrano and Junipero Serra Road.
Aftplicant/Property Owner:
Lloyd E. Ross
Saffell & McAdam, Inc., Builders
P.Q. Box 17509
Irvine, CA 92713-7509
Written Communication:
Report dated August 18, 1992, from the Director of Planning Services, recommending that the time
extension be granted.
Public Hearin:
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.
Although his rental property is located with 2,500 feet of this project, Councilman Friess stated he
would vote in this matter since he felt that the time extension would not have a considerable economic
effect on his property and would not constitute a conflict of interest.
Resolution Approving a One -Year Time Extension for Tentative Tract Map 10634:
It was moved by Councilman Hausdorfer, seconded by Councilman Harris, that the following
Resolution be adopted:
RESOLUTION NO. 92-8-18-6. APPROVING TENTATIVE TRACT MAP 10634
PUEBLO SERRA/SAFFELL & McADAM INC.. BUILDERS) - A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP 10634 (PUEBLO
SERRA/SAFFELL & McADAM INC., BUILDERS)
The motion carried by the following vote:
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8/18/92
(36-0"
AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
The Resolution extended the map for one year to July 18, 1993.
5. REQUEST FROM LOMA VISTA HOMEOWNERS ASSOCIATION TO CHANGE THE
NAME OF VIA CERRO REBAL TO VIA DEL PRADO (TRACTS 12262. 12738. 12740.
12829, AND 12830/GLENFED)_(820.80)
Proposal:
Consideration of a request by the Loma Vista Homeowners Association to rename Via Cerro Rebal
to its original name, Via del Prado. The street was renamed Via Cerro Rebal in 1987 in honor of
Richard Rebal, former Vice President of Glenfed, for his considerable involvement with Glenfed's
developments in the City.
Written Communication:
Report dated August 18, 1992, from the Director of Engineering and Building, recommending that the
name change be approved, subject to the Loma Vista Homeowners Association reimbursing the City
for processing and installation costs in the amount of $1,600. Mr. Reba] agreed to donate funds for
a plaque in honor of his involvement to be located in a nearby park.
Public Hearin:
Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the
following persons responded:
(1) Pat English, 27588 Paseo Castille, stated that she and most members of the Loma Vista
Homeowners Association were now opposed to the street name change because of a lack of
funds in the Association's account to pay for the installation costs. She expressed no objection
to individual homeowners in favor of the change paying for the costs themselves.
(2) James Troutman, 27588 Paseo Castille, member of the Loma Vista Homeowners Association,
concurred with Ms. English's comments.
(3) Mike Yeager, 27526 Paseo Verano, vice president of the Loma Vista Homeowners
Association, noted that he had originally presented the petition in favor of the street name
change to the City Council. However, because of a lack of sufficient funds at the present
time, he requested that the matter be tabled until the Association discussed the possibility of
budgeting funds in their 1992-93 budget. He supported the name change in the areas where
the public and private streets connect.
Mr. Huber noted that the draft Resolution contained a condition which would approve the name
change only if the costs were reimbursed to the City. If reimbursement were not possible, the Resolu-
tion would become null and void. He suggested that this condition have a time limit of one year.
There being no further input, the hearing was declared closed with the right to reopen at any time.
Resolution Conditionally Approving Street Name Charier:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following
Resolution be adopted, subject to the receipt by the City of $1,600 for processing and installation costs
by August 18, 1993:
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RESOLUTION NO. 92-8-18-7. APPROVING STREET NAME CHANGE - VIA
CERRO REBAL TO VIA DEL PRADO (GLENDALE FEDERAL /LOMA
VISTA HOMEOWNERS ASSOCIATION) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING A REQUEST OF LOMA VISTA HOMEOWNERS ASSOCIATION
TO CHANGE THE NAME OF VIA CERRO REBAL TO VIA DEL PRADO IN
TRACTS 12262,12738,12740,12829 AND 12830 (GLENDALE FEDERAL/LOMA
VISTA HOMEOWNERS ASSOCIATION)
The motion carried by the following vote
AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
ABSENT: None
Once the funds are received from the homeowners association:
(1) The City Clerk shall forward the Resolution to the County Recorder's Office for recording;
and
(2) Staff shall work with Glenfed regarding the installation of an appropriate plaque in honor of
Richard Reba] to be located in a nearby parksite.
Council recessed at 9:20 p.m. and reconvened at 9:30 p.m.
PUBLIC HEARINGS (contiauedl
6. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY
BOARD OF DIRECTORS - PROPOSED DISPOSITION AND DEVELOPMENT
AGREEMENT, 31782-31786 CAMINO CAPISTRANO (SWALLOWS INN/FURRA)
400.20
Proposal:
Joint Public Hearing with the Community Redevelopment Agency to consider a Disposition and
Development Agreement for the sale of the Agency -owned property located at 31782-31786 Camino
Capistrano (Swallows Inn and Paisley Penguin).
Written Communication:
Report dated August 18, 1992, from the Community Development Manager, recommending that the
highest bid received by the Agency for the property from Ralph A. Furra be accepted in the amount
of $500,000, a gain of $126,751 over the original purchase price. Mr. Furra has agreed to enter into
a separate agreement with the owner of the Swallows Inn to purchase the name and business operation
and continue its operation for five years.
Mr. Julian noted that an easement agreement between the Agency and Mr. Furra for the rear parking
lot portion of the site to facilitate the possibility of future public parking improvements in the area was
still under review at this time. He suggested that the Disposition and Development Agreement be
approved subject to completion of the Real Estate Disclosure Statement prior to execution by the
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69 ""R
Agency Chairman and resolution to the satisfaction of the Agency the issue of the parking easement
for reservation of parking rights.
Mr. Denhalter advised that the residential and business properties within 2,500 feet of this project
owned by three of the Council members would not be financially impacted by the sale of these
properties because there was no changes proposed in the uses. Therefore, he felt there would be no
conflict of interest for any of the Council members involved.
Public Hearin:
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.
Council Discussion:
Councilmen Friess, Vasquez, and Mayor Jones concurred with Mr. Denhalter's opinion regarding
potential conflicts of interest and stated they would vote in the matter. Councilman Vasquez expressed
concern that the parking easement be included in the negotiated sale price and not be sold back to
the Agency for the proposed realignment of Ortega Highway at a future date.
Resolution Approving Disposition and Development Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following
Resolution be adopted, subject to completion of the Real Estate Disclosure Statement prior to
execution by the Agency Chairman and resolution of the parking easement rights issue:
RESOLUTION NO. 92-8-18-8. APPROVING DISPOSITION AND
DEVELOPMENT AGREEMENT FOR THE SALE OF PROPERTY LOCATED
AT 31782-31786 CAMINO CAPISTRANO TO RALPH A. FURRA (SWALLOWS
INN) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE DISPOSITION AND
DEVELOPMENT AGREEMENT FOR CERTAIN PROPERTY WITHIN THE
SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA
TO RALPH A. FURRA (SWALLOWS INN)
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 9:30 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and
reconvened at 10:55 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. EXPANDED CITYWIDE RESIDENTIAL CURBSIDE RECYCLING_(SOLAG
DISPOSAL COMPANY)_(600.30)
This item was continued from the meeting of July 7, 1992.
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Written Communication:
Report dated August 18, 1992, from Douglas D. Dumhart, Management Assistant I, recommending
that the Council approve a seven-year Exclusive Franchise Agreement with Solag Disposal Company
and CR&R Incorporated (dba South Orange County Environmental) for the collection, transportation,
recycling, composting, and disposal of all solid waste; and, for providing temporary bin/rolloff services.
Total cost for the project is estimated at $1,647,960.
Discussion Re: Potential Conflicts of Interest:
Mr. Denhalter noted that four of the Council members (excluding Councilman Hausdorfer) have
properties within 2,500 feet of the Solag Disposal site, which could constitute a conflict of interest.
The Fair Political Practices Commission is currently awaiting receipt of the four property appraisals
by Parkcenter Realty Advisers, as approved at the Council meeting of July 21, 1992, before a final
determination is made. He suggested that the "Rule of Necessity' be considered in order to have a
quorum to vote on this issue if it was deemed to be urgent. Mr. Dumhart advised that the matter
should be considered urgent and noted that residents have expressed concerns to the City regarding
the delays in this matter.
Councilmen Friess and Vasquez stated they would vote in this matter since they did not feel the
outcome would have a significant financial impact on their properties. Mayor Jones advised that
because his property adjoins the Solag site, he would abstain in this matter. Mayor pro tem Friess
presided.
Staff Presentation:
Mr. Dumhart presented the staff report and gave a slide presentation of the proposed recycling
program. He recommended that the proposed contract be amended to delete CR&R Incorporated,
as requested by Solag Disposal. He noted that the new recycling program, if approved, is anticipated
to begin by January 1, 1993.
Councilman Vasquez recommended that the City continue to negotiate with Solag to obtain the best
price for the services and stated he would not support the contract because he felt the franchise should
go out to bid to obtain competitive prices. Mr. Dumhart noted that staff conducted a cost comparison
study with other cities for similar services, which concluded that the proposed rates were competitive.
He also noted that the Cities of Dana Point and Laguna Niguel recently approved contracts at the
same rates as proposed but without recycling of green waste. He stated that going out to bid at this
time would postpone providing this service to the residents and could inhibit the City's ability to
monitor the program before the 1995 deadline. He also noted that Solag's current test recycling
program has successfully met the City's needs to date.
Mr. Denhalter restated the process used to determine whether potential conflicts exist, noting that the
Council Members make their own decision regarding participation on the issues. Mayor Jones
reiterated that he would not vote in this matter because he did not want to jeopardize the contract
with a challenge to his potential conflict of interest.
Resolution Certifying a Negative Declaration:
It was moved by Councilman Hausdorfer, seconded by Councilman Harris, that the following
Resolution be adopted:
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�1
RESOLUTION NO, 92-8-18-9. CERTIFYING A NEGATIVE DECLARATION -
EXPANSION OF CITYWIDE CURBSIDE RECYCLING. COMPOSTING. AND
REFUSE COLLECTION PROGRAM - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CERTIFYING A NEGATIVE DECLARATION FOR THE EXPANSION OF
CITYWIDE CURBSIDE RECYCLING, COMPOSTING, AND REFUSE
COLLECTION PROGRAM
The motion carried by the following vote:
AYES:
Councilmen Harris, Hausdorfer, and Mayor pro tem Friess
NOES:
Councilman Vasquez
ABSTAIN:
Mayor Jones
ABSENT:
None
Approving of Exclusive Franchise Agreement:
It was moved by Councilman Hausdorfer, seconded by Councilman Harris, that a seven-year Exclusive
Franchise Agreement with Solag Disposal Company be approved for the collection, transportation,
recycling, composting, and disposal of all solid waste and for providing temporary bin/rolloff services,
with the modification that any reference to CR&R Incorporated and South Orange County
Environmental be deleted. The motion was carried by the following roll call vote:
AYES:
Councilmen Harris, Hausdorfer, and Mayor pro tem Friess
NOES:
Councilman Vasquez
ABSTAIN:
Mayor Jones
ABSENT:
None
Mayor Jones resumed his duties.
1. RESOLUTION CONFIRMING 1992-93 ASSESSMENT CHARGES - ASSESSMENT
DISTRICT 78-3 (ORTEGA PROPERTIES) (345.80)
Written Communication:
Report dated August 18, 1992, from the Director of Administrative Services, recommending that the
1992-93 assessment charges for Assessment District 78-3 (Ortega Properties) be confirmed in the
amount of $428,006.40.
Resolution Confirming Assessment Charges:
It was moved by Councilman Hausdorfer, seconded by Councilman Harris, that the following
Resolution be adopted:
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0'71
RESOLUTION NO, 92-8-18-10, CONFIRMING 1992-93 ASSESSMENT
CHARGES. ASSESSMENT DISTRICT 78-3. ORTEGA PROPERTIES - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING 1992-93 ASSESSMENT
CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
2. RESOLUTION ESTABLISHING 1992-93 APPROPRIATION LIMIT (330.20)
Written Communication:
Report dated August 18, 1992, from the Director of Administrative Services, recommending that the
1992-93 fiscal year appropriation limits be established in the amount of $21,624,436.
Resolution Establishing Appropriation Limits for 1992-93:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer, that the following
Resolution be adopted:
RESOLUTION NO. 92-8-18-11. ESTABLISHING APPROPRIATION LIMITS.
1992-93 FISCAL YEAR - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING ITS ARTICLE
XIIIB APPROPRIATION LIMITS (GANN LIMIT) FOR THE 1992-93 FISCAL
YEAR
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
ABSENT: None
3. RESOLUTION SETTING THE PROPERTY TAX RATE FOR FISCAL YEAR 1992 -
ON THE GENERAL OBLIGATION BOND ISSUE (390.801
Written Communication:
Report dated August 18, 1992, from the Director of Administrative Services, recommending that the
tax rate be set at $0.0784 per $100 of assessed value following the three issuances of bonds for the
acquisition of open space properties by the City (Open Space General Obligation Bond Measure).
Resolution Setting the Ad Valorem Tax Rate:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer, that the following
Resolution be adopted:
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Cry721
RESOLUTION NO, 92-8-18-12, SETTING AD VALOREM TAX RATE - FISCAL
YEAR 1992-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ESTIMATING AMOUNT OF
MONEY TO BE RAISED BY AD VALOREM TAXATION IN THE CITY OF
SAN JUAN CAPISTRANO DURING THE FISCAL YEAR 1992-93 FOR DEBT
SERVICE AND REQUESTING THE LEVY OF A TAX IN THE CITY OF SAN
JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
NOES: None
DIRECTOR OF PLANNING SERVICES
1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10)
Written Communication:
Report dated August 18, 1992, from the Director of Planning Services, advising that one new
development application was received by the City since the last report of July 21, 1992.
It was moved by Councilman Friess, seconded by Councilman Hausdorfer, that the Report be received
and filed.
1. APPROVING AMENDMENT TO TITLE 9. CHAPTER 3. SECTION
9-3.603 OF THE MUNICIPAL CODE - TEMPORARY SIGNS ON
PRIVATE PROPERTY (410,40) (ADOPTION)
Written Communication:
Report dated August 18, 1992, from the City Clerk, advising that the Ordinance was introduced at the
meeting of August 4, 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 Friess, seconded by Councilman
Hausdorfer, that the following Ordinance be adopted:
ORDINANCE NO. 710. AMENDMENT TO TITLE 9 OF THE MUNICIPAL
CODE - TEMPORARY SIGNS ON PRIVATE PROPERTY - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
SECTION 9-3.603 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE
DEALING WITH TEMPORARY SIGNS ON PRIVATE PROPERTY
The motion carried by the following vote:
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0 ` J
AYES:
t►f00.1
Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones
None
ABSENT: None
COUNCI MANIC ITEMS
1. APPOINTMENT OF VOTING DELEGATE AND ALTERNATE (LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE BUSINESS MEETING) (140.20)
Written Communication:
Report dated August 18, 1992, from the City Clerk, requesting that a voting delegate and alternate be
selected to attend the League of California Cities Annual Conference on behalf of the City on
October 10-13, 1992, in Los Angeles.
Annointment of Voting Delegate and Alternate:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried
that Councilman Vasquez serve as the City's voting delegate, and Councilman Hausdorfer serve as the
alternate, at the League's Annual Conference on October 10-13, 1992.
2. APPOINTMENT OF ONE MEMBER TO THE PARKS AND RECREATION
COMMISSION (110.20)
Written Communication:
Report dated August 18, 1992, from the Council Services Manager, noting that the vacancy had been
advertised and nine applications were received.
Auuointment of Member:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried
that Tom Baker be appointed to the vacancy on the Parks and Recreation Commission.
3. APPOINTMENT OF ONE MEMBER TO THE DESIGN REVIEW COMMI ION
110.20
Written Communication:
Report dated August 18, 1992, from the Council Services Manager, noting that the vacancy had been
advertised and eight applications were received.
Continuation of Anoointmena
It was moved by Councilman Hausdorfer, seconded by Councilman Harris, and unanimously carried
that consideration of the appointment be continued and that the City Clerk be directed to readvertise
the vacancy.
4. APPOINTMENT OF CABLE TELEVISION BOARD (100050)
Written Communication:
Report dated August 18, 1992, from the Council Services Manager, noting that the vacancies were
advertised and no applications were received. In addition, each Council member was requested to
submit one or two names on individual ballots for consideration.
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Appointment of Cable Television Board Members:
After the City Clerk tallied the highest number of votes for the top five nominees, it was moved by
Councilman Harris, seconded by Councilman Friess, and unanimously carried that the following
persons be appointed to the Cable Television Board: Lawrence Buchheim, Thomas Breen, Terry
Dorse, AI Simmons, and Tricia Elllein.
5. CONSIDERATION OF AMENDMENT TO COUNCIL POLICY REGARDING
COMMISSION/BOARD MEMBER COMPENSATION (COUNCIL POLICY NO, 210)
610.30
Written Communication:
Report dated August 18, 1992, from the Assistant City Manager, recommending an alternative
approach for compensating City commission, board, and committee members, since their compensation
is considered income for retirement purposes. The report advised that a number of commissioners
and boards members had questioned the retirement program and had asked to serve at no
compensation to relieve them of the obligation of complying with the program. The proposed policy
would consider the monthly stipend as a travel allowance and would allow each commission/board
member to choose whether to serve as an "unreimbursed" volunteer or as a "reimbursed" volunteer.
Unreimbursed volunteers would receive no travel allowance from the City, while reimbursed volunteers
would be provided with a monthly travel allowance equaling their current monthly compensation.
Approval of Amendment to Council Policy No. 210:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer, and unanimously carried
that Council Policy No. 210 be amended to reclassify City commission, board, and committee
members' monthly compensations as travel expenses, and to allow the choice on whether or not to
receive such reimbursement.
6. ORAL REPORTS OF OUTSIDE AGENCIES
a. League of California Cities (140.20)
Councilman Hausdorfer advised that it may be late August or September 1992 before the
State legislature approves its budget.
1. COMMUNITY SERVICES WISH LIST (960.10)
Mayor Jones noted a letter received from the David A. Thompson Company regarding their donation
of a computer work station for the Associated Senior Action Program (ASAP). Staff was requested
to prepare a letter of appreciation to Mr. Thompson.
2. SIGN AT RANCHO VIEJO ROAD/VIA ESCOLAR (410.40)
Councilman Friess expressed appreciation to the City Attorney regarding the status of the
Wendy's/McDonald's sign on Rancho Viejo Road at Via Escolar. The City Attorney advised he had
not yet received a reply to his letter to owners of the sign asking them why it should not be removed.
Mr. Denhalter stated he will keep Council informed on this item.
3. CHAMBER OF COMMERCE DIRECTORS (130.70)
Councilman Hausdorfer noted that Dan Huss, current president of the Chamber of Commerce, will
be moving to Arkansas, and Danny Letsinger, former Chamber Director, will be moving to Missouri
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0'75
in the near future and requested that letters of appreciation be sent to both men. He also requested
that a welcoming letter be sent to the new Chamber president, Mike Darnold.
4. FRANCISCAN PLAZA (AC 86-03) (410.60)
Councilman Hausdorfer commended the efforts of Paul Farber in the building the Franciscan Plaza,
which has brought people into the downtown area and which has created a pleasant atmosphere in the
area.
5. LOS ANGELES TIMES ARTICLE RE: CRIME INCREASES (410.60)
Councilman Hausdorfer clamed that an August 3, 1992, article in the Los Angeles Times regarding
crime statistics was inaccurate as applied to San Juan Capistrano, in that there was actually a 2.7%
increase in crime in the City vs. the 25% overall increase reported in the article. He commended the
Sheriffs Department for their work in the City.
6. PRESENTATION OF "GANGS" (585.50)
At the request of Mayor Jones Mr. King discussed the George Morrales production entitled "Gangs"
scheduled for Sunday, August 23, 1992, at 5:00 p.m. and 7:00 p.m. at the El Camino Real Playhouse,
in conjunction with the County's CSP Gang Prevention and the Community Services Department,
dealing with gang intervention.
7. TRASH CONTAINERS - AVENIDA DE LA VISTA (810.10)
Councilman Vasquez requested that the white trash receptacles along Avenida de In Vista in the
vicinity of the stables be replaced with new receptacles and entire area cleaned up.
Council recessed to a Closed Session at 11:45 p.m. for discussion of litigation matters per Government Code
Section 54956.9(a) (Corcorde v. Citv), the City Clerk being excused therefrom, and reconvened at 12:20 a.m.
There being no further business before the Council, the meeting was adjourned at 12:20 a.m., Wednesday,
August 19, to the next regular meeting date of Tuesday, September 1, 1992, at 7:00 p.m. in the City Council
Chamber.
Respectfully submitted,
CHERYL JOILKS01YCITY CLERK
ATTEST:
/ 7
---
OIL JONES, OR
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