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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: 1- 8/18/92 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 8/18/92 055 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. -3- 8/18/92 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. -4- 8/18/92 (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. -5- 8/18/92 (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 -6- 8/18/92 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. -7- 8/18/92 7 0 , 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: -8- 8/18/92 (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 -9- 8/18/92 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. -10- 8/18/92 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. -11- 8/18/92 (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: -12- 8/18/92 065 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: 13- 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: -14- 8/18/92 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 -15- 8/18/92 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. -16- 8/18/92 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: -17- 8/18/92 �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: -18- 8/18/92 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: -19- 8/18/92 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: -20- 8/18/92 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. -21- 8/18/92 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 -22- 8/18/92 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 -23- 8/18/92