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86-0805_CC_Minutes_Regular Meeting025 AUGUST 5, 1986 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 pro tem Hausdorfer at 7:02 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Mayor pro tem Hausdorfer. ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor pro tem Anthony L. Bland, Councilman Lawrence F. Buchheim, Councilman Phillip R. Schwartze, Councilman ABSENT: Kenneth E. Friess, Mayor STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard, Assistant City Manager; Mary Ann Hanover, City Clerk; John R. Shaw, City Attorney; Robert G. Boone, Director of Administrative Services; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; Thomas L. Baker, Director of Community Services; Cheryl Johnson, Recording Secretary. MINUTES Regular Meeting of July 1, 1986: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of July 1, 1986, be approved with an amendment to the section beginning on Page 9, dealing with the approval of Rezone 85-5, Nu -West, Inc., to reflect the actual motion made indicating approval of a modified Planning Commission recommendation which included specific building heights, designs and modified building envelope for the Architectural Control. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Friess Staff was directed to submit to Council copies of the revised Minutes. Councilman Buchheim offered to meet with members of the community and City representatives regarding Council's action on the Nu -West project and, there was a consensus that Councilmen Buchheim and Bland be selected to represent Council. -1- 8/5/86 026 Regular Meeting of July 15, 1986: It was moved by Councilman Schwartze, seconded by Councilman Bland, that the Minutes of the Regular Meeting of July 15, 1986, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Friess MOTION TO READ BY TITLE ONLY It was moved by Councilman Schwartze, seconded by Councilman Bland, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Friess PRESENTATIONS AND COMMENDATIONS 1. COMMENDING SAN JUAN FLYERS SOCCER TEAM (105.1/114.2) 2. Written Communications: Report dated August 5, 1986, from the City Clerk, advising that the San Juan Flyers, an all -girl soccer team, had completed competition in the Rainbow Tournament held in Hawaii, as the Champions of Division 2. The coaches and 17 members of the team were present and joined Mayor pro tem Hausdorfer on the podium to receive individual Certificates of Commendation. .2 Written Communications: Report dated August 5, 1986, from the City Clerk, forwarding a resolution commending the members of the Western Heritage _ Association for the volunteer efforts in clearing and improving various equestrian/hiking trails in the City. Commending Western Heritage Association: Mayor pro tem Hausdorfer read the Resolution in full and it was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following Resolution be adopted: -2- 8/5/86 0. RESOLUTION NO. 86-8-5-1, COMMENDING THE WESTERN 2 7 HERITAGE ASSOCIATION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING THE WESTERN HERITAGE ASSOCIATION The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Friess Jim Miles, Association Vice President, and other Association Members in attendance joined Mayor pro tem Hausdorfer on the podium to receive the Resolution of Commendation. 3. PRESENTATION OF LECTURE SERIES POSTER (EMILY JACKSON, LIBRARIAN) (702.1) Written Communications: Report dated August 5, 1986, from the Assistant to the City Manager, advising that a framed poster announcing the Early California Reflections lecture series to be conducted at the San Juan Capistrano Library, will be presented to the Council by Emily Jackson, Librarian. The poster was designed and signed by Ward Ritchie. Emily Jackson, Librarian, and Wilson Buckner, President of the Friends of the Library, presented the poster as an expression of appreciation for Council's support of library activities. 4. RECOGNITION OF OUTSTANDING EMPLOYEES, 1985-86 (500.1) Written Communications: Report dated August 5, 1986, from the City Manager, advising that the following non -management employees had been evaluated by a committee of peers and had been selected to receive performance awards based on a set of criteria which included skill, knowledge and competency, attitude, creativity and support of City-wide goals: George Arreola, Maintenance Worker, Public Works Department; Jeanne Beck, Administrative Secretary, Community Services Department; Mary Carlson, Deputy City Clerk, City Clerk's Department; Lee Choitz, Permit Services Supervisor, Building and Safety Division; Jack Galaviz, Lead Maintenance Worker, Public Works Department; Dana Kasdan, Associate Engineer, Engineering Division; -3- 8/5/86 0'2$ Calvin Mahi, Maintenance Worker, Public works Department; and, Mae Shimizu, Secretary, Building Division. with the exception of Calvin Mahi, the employees were present and joined Mayor pro tem Hausdorfer on the podium to receive a plaque and a check in the amount of $1,000 in _ recognition of their outstanding performance. RECOGNITION OF ACCOMPLISHMENTS - PAMELA GIBSON (114.2/102.301) Mayor pro tem Hausdorfer requested that Mrs. Gibson join him on the podium and commended her for the publication of her most recent book entitled "The Golden Promise, An Illustrated History of Orange County." Mrs. Gibson is employed in the capacity of Assistant to the City Manager. ORAL COMMUNICATIONS PROPOSED BAN ON FIREWORKS (605.3) Wally Johnson, 25916 Via del Rey, cited concerns regarding use of legal and illegal fireworks and urged that the sale of fireworks be eliminated in the City. Following discussion, staff was directed to contact community organizations who use the sale of fireworks as a fund-raiser, and to report within 30 days with a schedule to consider a proposed ban on the sale of fireworks within the City. 2. REDEVELOPMENT PLAN AMENDMENT 86-1 (152) Jim Fulmer, 26981 Calle Don Carlo, cited his request to receive a copy of the documentation presented to Council regarding the Redevelopment Plan Amendment 86-1 scheduled later on the Agenda, and noted that he had been advised it was not currently available for distribution to the public and was only available for review in the City Offices during working hours. Mr. Fulmer was advised that the information would be made available to him at his convenience. CONSENT CALENDAR It was moved by Councilman Schwartze, seconded by Councilman Bland, that the staff recommendations be accepted for the _ following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Friess -4- 8/5/86 2. 029 APPROVAL OF WARRANTS (202.2) The List of Demands dated July 16, 1986, Warrant Numbers 1 through 161, in the total amount of $871,544.86, was approved as submitted. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (133.4) The Report dated August 5, 1986, from the Secretary of the Cultural Arts and Heritage Commission, regarding actions taken at the meeting of July 22, 1986, was ordered received and filed. 3. REPORT OF EOUESTRIAN COMMISSION ACTIONS (135.4 4. 5. 6. The Report dated August 5, 1986, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of July 14, 1986, was ordered received and filed. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (138.4) The Report dated August 5, 1986, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of July 21, 1986, was ordered received and REPORT OF PLANNING COMMISSION ACTIONS (140.4) The Report dated August 5, 1986, from the Director of Community Planning and Development, regarding actions taken by the Planning Commission at their meeting of July 22, 1986, was ordered received and filed. AND QUITCLAIMS (CAPISTRANO ACRES MUTUAL Amin icon cn ii nnc 11 As set forth in the report dated August 5, 1986, from the Director of Public Works, concurrent exchanges of easements and access rights were required as part of the storm drain and roadway improvements for Assessment District 78-3. The following Quitclaim Deeds from the City to Capistrano Acres Mutual Water Company, relative to Parcel 20, were approved: 0.185 -acre Street Easement; Storm Drain Easement over Parcels A and B. The Mayor and City Clerk were authorized to execute the Deeds on behalf of the City. The following Easement Deeds from the Capistrano Acres Mutual Water Company to the City relative to Parcel 20, were accepted: -5- 8/5/86 030 7. EP 9. 0.193 -acre Street Easement; 0.193 -acre Storm Drain Easement; Easement Deed for Access and Storm Drain Maintenance. The City Clerk was directed to forward the Quitclaim and Easement Deeds to the Orange County Recorder's Office. PLANS, SPECIFICATIONS AND CALL FOR BIDS - ASPHALT Amn rnNrRFTF nVRRLAY OF SAN JUAN CREEK ROAD FROM CALLE The plans and specifications for the asphalt concrete overlay of San Juan Creek Road from Calle Caballero to La Novia Avenue were approved, and a call for bids authorized. As set forth in the report dated August 5, 1986, from the DIrector of Public Works, $205,000 was budgeted in Account 12-6900-4710-118 for the asphalt concrete overlay of San Juan Creek Road; the Engineer's estimate for this project was $135,000. ON UPHOLDING DECISION OF PLANNING COMMISSION DENIAL mTTn AT nnUMVnT. GS -1 ICAM .TTTA TT (10DW)DDTF. 73T.n7a1 As set forth in the report dated August 5, 1986, from the Director of Community Planning and Development, the following Resolution was adopted incorporating the Planning Commission's findings for denial, pursuant to Council direction on July 15, 1986: RESOLUTION NO. 86-8-5-2, DENIAL OF ARCHITECTURAL CONTROL 85-3 (SAN JUAN CORPORATE PLAZA) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION DENIAL OF ARCHITECTURAL CONTROL 85-3 (SAN JUAN CORPORATE PLAZA) RESOLUTION OF APPROVAL - GENERAL PLAN AMENDMENT 86-3 11A l -tli nnnnnnAM nTA7A1 !Z1A 1S As set forth in the report dated August 5, 1986, from the Director of Community Planning and Development, the following Resolution approving General Plan Amendment 86-3, was adopted: RESOLUTION NO. 86-8-5-3, GENERAL PLAN AMENDMENT 86-3 (SAN JUAN CORPORATE PLAZA) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT TO THE GENERAL PLAN BY CHANGING THE LAND USE DESIGNATION FROM RECREATION COMMERCIAL TO GENERAL COMMERCIAL FOR ASSESSOR'S PARCEL NO. 650-161-02 (SAN JUAN CORPORATE PLAZA) 8/5/86 10 11 12. F 031 FINAL PARCEL MAP 86-128 (STONERIDGE/ANDERSON) (316.3) As set forth in the report dated August 5, 1986, from the Director of Public Works, Parcel Map 86-128 was approved with the determination that said Map was consistent with the General Plan of the City and in substantial compliance with the approved Tentative Map. LEASE AGREEMENT FOR NEW XEROX DUPLICATION SYSTEM (U.S. LEASING) (600.20) As set forth in the report dated August 5, 1986, from the Director of Administrative Services, the following Resolution authorizing execution of a Lease Agreement with U.S. Leasing Corporation for a Xerox 1075 Duplication System, was adopted: RESOLUTION NO. 86-8-5-4, LEASE AGREEMENT WITH U.S. LEASING CORPORATION - XEROX 1075 DUPLICATING SYSTEM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE LEASE AGREEMENT WITH U.S. LEASING CORPORATION FOR A XEROX 1975 DUPLICATING SYSTEM The City will pay $1,438 per month to U.S. Leasing Corporation over a 60 -month lease at 9.48, and $412 per month to Xerox for a maintenance contract and usage charge, for a total monthly cost of $1,850. The Xerox 1075 is a fully -electronic duplication machine. CLAIM AGAINST THE CITY (RALPH TOMLINSON) (402.148) As set forth in the report dated August 5, 1986, the Cross-complaint filed with the City on July 14, 1986, by Ralph Tomlinson, in connection with inspection of a home in the Hunt Club at 30962 Steeplechase Drive, was denied. MAP, TRACT 12736 (GLENFED DEVELOPMENT CORPORATION iicnn zni It was moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried to hold this item over for consideration at the meeting of Auaust 19. 1986. It was moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried to hold this item over for consideration at the meeting of August 19, 1986. -7- 8/5/86 032 FINAL MAP DEVELOPMENT 1/600.30) It was moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried to hold this item over for consideration at the meeting of August 19, 1986. FINAL MAP, TRACT 12 It was moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried to hold this item over for consideration at the meeting of August 19, 1986. 12740 (GLENFED DEVELOPMENT It was moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried to hold this item over for consideration at the meeting of August 19, 1986. PUBLIC HEARINGS 1. APPEAL OF PLANNING COMMISSION ACTION - ZONE VARIANCE 86-4, This Public Hearing was continued from the meeting of July 15, 1986. Written Communications: Report dated August 5, 1986, from the Director of Community Planning and Development, recommending denial of the appeal, and noting that there are other developments in the City with the same zone designation and similar size lots which have been able to accommodate three -car garages within the setback parameters. Exhibits were on display and Susan Tebo, Associate Planner, made an oral presentation, discussing the four mandatory findings required for granting of a variance, and their application to the property. Public Hearing: Notice having been given as required by law, Mayor pro tem Hausdorfer opened the Public Hearing and the following person responded: (1) Don Zellner, applicant, Zellner Communities, Inc., 17821 Mitchell, Irvine, spoke in support of the appeal, discussing the findings required for granting of a variance. He stated that the lots in question -8- 8/5/86 033 contained rear -yard slopes which precluded siting the house further from the street; that there were only seven lots in the entire development which required a variance to accommodate a three -car garage; and, that those seven lots would not set a precedent in the development. He further stated that the variance was necessary to allow for the privilege and enjoyment of a three -car garage as enjoyed by the other residences in the neighborhood. He noted the City's requirement for 20 feet between structures, stating there would be 18 feet between the structures on Lots 21 and 22, and Lots 28 and 29; and, that the structure on Lot 17 could be shifted five feet to meet the 20 -foot requirement between Lots 16 and 17. He advised that only the corner of the garages would be encroaching into the setback, not the entire structure. He stated that the appeal met all the criteria required by the Municipal Code for granting of a variance. There being no further response, Mayor pro tem Hausdorfer closed the Hearing with the right to re -open at any time. Council Discussion: Councilman Schwartze stated he would not normally approve such a request; however, he was in favor of the appeal since Mr. Zellner was working with previously -graded pads and the living spaces were in excess of the Code requirements. Noting financial problems of the previous developer, Mayor pro tem Hausdorfer stated that the appeal could be justified based on the unusual circumstance of Mr. Zellner's risk in building the homes. Council concurred that the encroachment would not infringe on anyone in the neighborhood; but, approval of this variance did not indicate a trend toward smaller side -yard setbacks. Planning Commission Denial Overturned: It was moved by Councilman Schwartze, seconded by Councilman Buchheim to approve the appeal. With the concurrence of the second, the motion was subsequently amended to approve Zone Variance 86-4 based on the findings contained in the following Resolution and with an added condition that the structure on Lot 17 be shifted so that there will be 20 feet between the structures on Lots 16 and 17: 17D APPROVING ZONE VARIANCE COMMUNITIES, INC.) APPROVING ZONE VARIANCE 86-4 C.) - A RESOLUTION OF THE CITY AN JUAN CAPISTRANO, CALIFORNIA, 86-4 WITH FINDINGS (ZELLNER -9- 8/5/86 034 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None _ ABSENT: Mayor Friess 2. APPEAL OF ZONING ADMINISTRATOR ACTION - ZONE V REQUEST TO ALLOW OPEN PATIO COVER TO BE CONSTR SIDE -YARD PROPERTY LINE ON PROPERTY LOCATED AT ROAD (BRAITHWAITE) (323.2) This Public Hearing was continued from the meeting of July 15, 1986. Written Communications: (1) Report dated August 5, 1986, from the Director of Community Planning and Development, recommending denial of the appeal, noting that the encroachment is inconsistent with the General Plan and in conflict with the minimal provisions of the Uniform Building Code. (2) Letter dated August 1, 1986, from Stephen M. Rios, Attorney at Law, 31781 Los Rios Street, representing the appellant, requesting that the matter be continued to the meeting of August 19, 1986. Continuation of Public Hearing: There was a consensus of Council to continue the Hearing to the meeting of August 19, 1986, as requested by the appellant. 3. AMENDMENT TO TITLE 9, CHAPTERS 2 AND 3, OF THE MUNICIPAL CODE (DISH ANTENNAE) (418.3) This item was taken out of order on the Agenda. Proposal: Consideration of an amendment to the City's development standards and regulations for installation of dish antennae in commercial and residential districts in order to meet new Federal Communications Commission rules. ^ Applicant: This was a City -initiated Public Hearing. Written Communications: Report dated August 5, 1986, from the Director of Community Planning and Development, citing the differences between the proposed standards and the previous City regulations. -10- 8/5/86 U35 The Director of Community Planning and Development made an oral report, advising that the action would consolidate all antennae regulations in the Municipal Code. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing and the following person responded: (1) Joan Scarantino, 27441 Ortega Highway, inquired what the regulations were for installation of a dish antenna. Mr. Merrell recited the proposed regulations. There being no further response, Mayor pro tem Hausdorfer closed the Hearing with the right to re -open at any time. Approval of Antennae Regulations: The City Attorney 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 Schwartze, seconded by Councilman Buchheim that the following Ordinance be introduced: AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - ANTENNAE REGULATION - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.609 OF ARTICLE 6, "SUPPLEMENTARY DISTRICT REGULATIONS," OF CHAPTER 3, "ZONING," OF TITLE 9, "LAND USE," OF THE MUNICIPAL CODE RELATING TO ANTENNAE REGULATION The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Friess 4. CONFIRMING ASSESSMENTS - LANDSCAPE MAINTENANCE DISTRICT NO. This item was taken out of order on the Agenda. Proposal: Hearing held pursuant to provisions Lighting Act of 1972, to provide an comment regarding the boundaries of proposed annual assessment, pursuant July 15, 1986. -11- of the Landscaping and opportunity for public the District and the to Council action on 8/5/86 036 Applicant: This was a City -initiated Public Hearing. Written Communications: Report dated August 5, 1986, from the Director of Public Works, advising there were no changes to the boundaries nor were there any improvement modifications. The report set forth the proposed 1986-87 budget for the District in the corrected amount of $201,000. Public Hearing: Notice having been given as required by law, Mayor pro tem Hausdorfer announced the Public Hearing. The City Clerk announced that a Certificate of Compliance was on file and open for public inspection. The Director of Public Works explained the purpose, scope and order of procedure for the Public Hearing; explained the general nature, location and extent of the existing works of improvement; provided a description of the boundaries of Landscape Maintenance District No. 1; presented and summarized the "Report" pursuant to the provisions of the "Landscaping and Lighting Act of 1972"; explained the method and formula of assessment spread; and, indicated there were no modifications necessary in the assessments or proceedings. The City Clerk reported there were no protests received. Mayor pro tem Hausdorfer opened the Public Hearing and the following persons responded: (1) Gary Alfonzo, 26571 Royale Drive, stated opposition to paying for landscaping in the common areas of Tract 11095 and in the vicinity of the recreation area, advising that the area of his residence was exempt from the recreation areas and had no clubhouse or facility rights. He stated the assessment could be more equitably divided based on access to the various areas in the District. He stated he had no objection to paying for maintenance of the entrance area. (2) Jim Kaufman, 29821 Monarch Drive, concurred with previous comments and suggested that consideration be given to the fact that the improvements also benefitted the Stoneridge development. The Director of Public Works advised there were no changes or modifications proposed to the Engineer's "Report." Council concurred that it would be difficult to ascertain benefit based on parcelization at this time; however, it could be investigated next year. There was further concurrence that a method of assessing the Stoneridge development a proportional share could also be investigated. Mayor pro tem Hausdorfer urged residents to take an active role in management of the District. -12- 8/5/86 037 It was then moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried to close the Public Hearing. Resolution Confirmina Diagram and Assessment and Orderin( Annual Levy of Assessments: It was moved by Councilman Bland, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 86-8-5-6, CONFIRMING ASSESSMENTS FOR TAUT VO An\IT TMTDMTTT/T L+ TYOM 7T M TTII 1 IITT TfTCTDTTTII ROYALE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL ASSESSMENT DISTRICT (LANDSCAPE MAINTENANCE DISTRICT NO. 1/CAPISTRANO ROYALE) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Friess The City Clerk was directed to deliver the assessment and diagram with a Certificate of Confirmation to the Superintendent of Streets and to file a certified copy of the diagram and assessment with the County Auditor no later than the third Monday in August, or August 18, 1986. RECESS AND RECONVENE Council recessed at 8:45 p.m., and reconvened at 8:55 p.m. Council recessed at 8:55 p.m., to conduct the joint public hearing of the City Council and the Community Redevelopment Agency, and reconvened at 9:19 p.m., with all Members present with the exception of Mr. Friess. JOINT PUBLIC HEARING - CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY 5. REDEVELOPMENT PLAN AMENDMENT 86-1 (SAN JUAN CAPISTRANO Councilman Buchheim advised he would abstain from action on this item due to a conflict of interest. Proposal: Consideration of an amendment to the Redevelopment Plan, which was initiated on May 6, 1986, to expand the project -13- 8/5/86 1 area to include additional public improvements and three parcels containing approximately 23 acres of land at the junction of Doheny Park Road and Camino Capistrano. Applicant: City of San Juan Capistrano/San Juan Capistrano Community Redevelopment Agency. Written Communications: (1) Report dated August 5, 1986, from the Director of Community Planning and Development, forwarding the Planning Commission's recommendation to approve the Environmental Impact Report and finding that the Amendment was in conformance with the City's General Plan. (2) Notebook identified as "Exhibit 1," containing: (a) Amendment to the Central Redevelopment Project per Plan Amendment 86-1 (Added Area); (b) Plan Amendment 86-1 Preliminary Plan and Blight Report; (c) The Agency Report to the City Council, including the Planning Commission Report and the Draft Focus Environmental Impact Report for the Price Club Development; (d) Agency and Council Resolutions and Ordinances; and, (e) Redevelopment Law Excerpts, Affidavits of Mailing and Written Comments. Introductory Comments: The Director of Community Planning and Development advised that the Central Redevelopment Plan was originally adopted on July 12, 1983, and subsequently amended forming the Central Redevelopment Project Area. During early 1986, staff and the Redevelopment Agency began processing an amendment which proposed the addition of approximately 23, acres to the existing Project Area and the inclusion of various additional public improvements. ^ Tom Clark, Legal Counsel, Stradling, Carlson, Yocca, and Rauth, 660 Newport Center Drive, Newport Beach, noted that evidence would be introduced for consideration which supported certain findings and determinations to be made with regard to the ordinance adopting the Amended Redevelopment Plan, as contained in Section 33367 of the Health and Safety Code. The findings included: -14- 8/5/86 039 (1) The area proposed to be added to the Project Area meets the legal qualifications set forth by the legislature for a blighted urban area; (2) The Redevelopment Plan as amended would redevelop the amended Project Area in conformity with the law; (3) The adoption and carrying out of the Redevelopment Plan as amended is economically sound and feasible; (4) The Redevelopment Plan as amended conforms to the General Plan of the community; (5) The condemnation of real property, as provided for in the Redevelopment Plan as amended, is necessary to the execution of the Redevelopment Plan as amended, and adequate provisions have been made for payment for properties to be acquired as provided by law; (6) The elimination of blight and the redevelopment of the Project Area as amended could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. Presentation Relating to Background and Rationale of Project: The Director of Community Planning and Development referred to and briefly summarized pertinent parts of the Report of the Agency to the City Council, which is the basic supporting documentation for the Amendment 86-1, and the ordinance adopting Amendment 86-1. The Director of Community Planning and Development advised that the Notice of tonight's public hearing was published as required by law. The City Clerk advised that the affidavit of publication in the Capistrano Valley News was on file. Contents of Report and Summary of Blighting Influences: The Community Development Administrator stated that the area proposed to be added is urban and an integral part of the urban area; that the property adds to the burdens of the area traffic system and traffic problems of property in and outside the Added Area; and, that these problems are interrelated and are a part of a common urban setting. Mrs. Erickson noted a correction necessary in the Environmental Impact Report to reference the inadequate sewer capacity of Capistrano Beach Sanitary District, rather than the South East Regional Reclamation Authority. The Amendment was to incorporate land anticipated for a Price Club project; however, there was currently no agreement for that project. Written Comments: The City Clerk advised that no written comments or other objections had been received. -15- 8/5/86 1� 1 Public Hearing: Notice having been given as required by law, Mayor pro tem Hausdorfer opened the Public Hearing, asking for statements from persons in opposition to Redevelopment Plan Amendment 86-1. The following person responded: (1) Jim Fulmer, 26981 Calle Don Carlo, cited concerns regarding the execution of redevelopment projects; the description of blight; redevelopment of an area which has yet to be developed; potential problems with bonding; condemnation activities; and, impact of tax increment on schools and other parts of the General Fund. Mayor pro tem Hausdorfer advised that the definition of blight has been determined by the State Legislature, that debt would be repaid through tax increment, and that the schools had worked with the City and were aware of the proposed Amendment. Response to Oral Testimony: The City Manager responded to Mr. Fulmer's concerns, noting that there is not yet a specific development plan for the property; the Plan is only a document. He noted that urban blight was defined in State Codes and included the inability to provide the appropriate infrastructure or the inability of a project to maintain itself economically. He advised that agreements had been entered into with the various taxing agencies affected by the proposed Amendment; that any loss of income to the schools due to the project would be returned by the State. In response to Mr. Fulmer, the City Manager advised that bidding for construction of improvements would depend on the property owner/developer; that the Agency would subsidize certain improvements. Mr. Fulmer advised that to the extent the project was bid out, he would withdraw his objections. It was moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried with Councilman Buchheim abstaining, to close the Public Hearing. Written and Oral Objections Overruled: It was moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried with Councilman Buchheim _ abstaining to overrule all written and oral objections to Redevelopment Plan Amendment 86-1. Completion of Environmental Review: It was moved by Councilman Schwartze, seconded by Councilman Bland that the following Resolution be adopted: -16- 8/5/86 041 RESOLUTION NO. 86-8-5-7, REDEVELOPMENT PLAN AMENDMENT 86-1, CERTIFYING FINAL EIR - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT (EIR) 86-050704, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, and Mayor pro tem Hausdorfer NOES: None ABSTAIN: Councilman Buchheim ABSENT: Mayor Friess It was moved by Councilman Schwartze, seconded by Councilman Bland that the following Resolution be adopted: NO. AMENDMENT 86-1) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, FINDING THAT THE USE OF TAXES ALLOCATED FROM THE CENTRAL REDEVELOPMENT PROJECT FOR THE PURPOSE OF HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT - REDEVELOPMENT PLAN AMENDMENT 86-1 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, and Mayor pro tem Hausdorfer NOES: None ABSTAIN: Councilman Buchheim ABSENT: Mayor Friess Approving and Adopting Redevelopment Plan Amendment 86-1: The Legal Counsel 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 Bland, seconded by Councilman Schwartze that the following Ordinance be introduced: ADOPTING REDEVELOPMENT PLAN AMENDMENT 86-1 - SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING REDEVELOPMENT PLAN AMENDMENT 86-1 TO THE REDEVELOPMENT PLAN FOR THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT -17- 8/5/86 The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, and Mayor pro tem Hausdorfer NOES: None ABSTAIN: Councilman Buchheim ABSENT: Mayor Friess Following adoption, the City Clerk was directed to forward a certified copy of the Ordinance to the Community Redevelopment Agency; to forward to the Orange County Recorder a description of the land within the Added Area and a statement that proceedings were instituted under the Community Redevelopment Law; and, to forward a copy of the recorded description and statement, a copy of the Ordinance, and a map indicating the boundaries of the Added Area to the Orange County Auditor and Assessor, the governing body of each taxing agency receiving taxes from property in the Added Area, and the State Board of Equalization. Legal Counsel noted that adoption was scheduled for the meeting of August 19, 1986. He further that advised until annexation was effective, the Ordinance and Plan were not effective with regard to that part of the property currently in the County of Orange and subject to annexation. Councilman Buchheim resumed his duties. RECESS AND RECONVENE Council recessed at 9:20 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 9:30 p.m. ADMINISTRATIVE ITEMS CITY CLERK CONTRACT FOR RECORDS MANAGEMENT PROGRAM (HISLOP ASSOCIATES) (600.30) Written Communications: Report dated August 5, 1986, from the City Clerk, forwarding an Agreement with Norma Hislop Associates to continue Records Management Program services for Phase III, "Modification of City Clerk's Filing System," as generally outlined in the proposal dated November, 1985. The scope of work for the phase is not to exceed $32,000; funds are budgeted in the City Clerk's Department Specialized Services Account 01-6213-4130. Services under the agreement are to be completed on or before December 1, 1986. -18- 8/5/86 043 Approval of A reement: It was moved by Councilman Buchheim, seconded by Councilman Schwartze and unanimously carried to approve the Agreement between the City and Norma J. Hislop Associates for Records Management Program services. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City. CITY ATTORNEY 1. APPOINTMENT OF HEARING OFFICER - MOBILEHOME PARK RENT REVIEW (SAN JUAN MOBILE ESTATES) (136.7 308.6) Written Communications: Report dated August 5, 1986, from the City Attorney, advising that the San Juan Mobile Estates Residents' Association filed a petition concerning a proposed rent increase; that the petition was adequate as to form and commencement of the hearing process was necessary. The report recommended appointment of a Hearing Officer for the current petition and for any received in calendar year 1986. Public Input: Albert Simons, San Juan Mobile Estates, 32302 Alipaz Street, Space 135, cited concerns regarding the Hearing Officer procedure, stating that decisions were being made by persons who were not accountable to the public and that the public was being left out of the process. He stated that there was a Mobile Home Review Board to handle problems pertaining to mobile home communities, but the Board had not met for a number of months. He cited several problems encountered in the San Juan Mobile Estates regarding trees, sheds and valves. Mayor pro tem Hausdorfer advised that the Hearing Officer procedure was determined to be necessary to protect the City's Mobile Home Park Ordinance, which is the only Ordinance left in the County. He further advised that the Hearing Officer and the Mobile Home Park Review Board make recommendations to the Council, who will ultimately make the final decision. He stated that if there was business for the Board to discuss, it was the responsibility of the Chairman to call a meeting and he would encourage the Chairman to do so. Councilman Buchheim noted that Council was aware of the problems in the Park. Mr. Simons was advised that staff would communicate with him regarding his concerns. Selection of Hearing Officer: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to select Mr. Thomas Drosman as Hearing Officer for the San Juan Mobile Estates petition and for any further petitions received in calendar year 1986. -19- 8/5/86 044 DIRECTOR OF ADMINISTRATIVE SERVICES 1. COVERAGE, FISCAL YEAR Written Communications: Report dated August 5, 1986, from the Director of Administrative Services, forwarding a summary and discussion of three proposals received for liability insurance coverage. The report recommended an option available from the City's current insurance broker. The report further noted that property insurance premiums totalled $19,972 and provided a blanket for all property of the City, Community Redevelopment Agency and Community Housing Corporation. The Director of Administrative Services made an oral report, advising that Planet Insurance would be providing quotes for excess insurance within the month and a report would be prepared for Council. Mayor pro tem Hausdor£er suggested pursuing the possibility of membership in the Orange County Cities Risk Management Authority. Approval of Liability Insurance Coverage/Property Insurance: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the Crump/Kindler & Laucci Option No. 1, a $50,000 Self -Insured Retention with limits of $1 million and an aggregate of $2 million, at a cost of $72,735. Staff was directed to investigate the cost effectiveness of securing an additional $2 million of excess liability insurance. The property insurance coverage premium of $19,972, was approved. DIRECTOR OF PUBLIC WORKS 1. AGREEMENT STONEHILL DRIVE Written Communications: Report dated August 5, 1986, from the Director of Public Works, forwarding an Agreement with the County for financial participation in right-of-way acquisition, preliminary and final engineering, and construction, for implementation of the Stonehill Drive extension. Participation would be based on City boundaries at the time the construction contract is awarded. Acquisition and preliminary and final engineering will take place in Fiscal Year 1986-87. Construction will be performed in Fiscal Year 1987-88. The City's share of costs were estimated at $355,000 for the following expenditures: Right -of -Way Acquisition $145,000 Preliminary Engineering 30,000 Final Engineering 30,000 Construction 150,000 -20- 8/5/86 045 Approval of Agreement: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve Agreement No. D85-006 with the County of Orange for right-of-way acquisition, preliminary and final engineering, and construction of Stonehill Drive Extension from 600 feet east of Del Obispo Street to Camino Capistrano. 2. RESOLUTION REQUESTING PROJECT REPORT FOR ORTEGA HIGHWAY AT AVENIDA SIEGA (CALTRANS) (801.4/108.2) Written Communications: Report dated August 5, 1986, from the Director of Public Works, forwarding a resolution in support of widening the Ortega Highway to secondary standards in the vicinity of the Avenida Siega intersection. Request for Improvements on Ortega Highway: It was moved by Councilman Schwartze, seconded by Councilman Bland that the following Resolution be adopted: RES AVENIDA SIEGA) - A RESOLUTION THE CITY OF SAN JUAN CAPISTRANO, CALTRANS TO MAKE IMPROVEMENTS ON HIGHWAY 74) AT AVENIDA SIEGA ING FOR OF THE CITY COUNCIL OF CALIFORNIA, REQUESTING ORTEGA HIGHWAY (STATE The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Friess The City Clerk was directed to forward a certified copy of the Resolution to the Director of the California Department of Transportation. ORDINANCES 1. APPROVAL OF REZONE 85-5 (NU -WEST) (ADOPTION) (318.5) Written Communications: Report dated August 5, 1986, from the City Clerk, advising that the Ordinance was re -introduced at the meeting of July 15, 1986, and was scheduled for adoption. Continuation of Ordinance Adoption: This item was held over for consideration at the meeting of August 19, 1986. -21- 8/5/86 2. SAN JUAN CORPORATE Written Communications: Report dated August 5, 1986, from the City Clerk, advising that the Ordinance was introduced at the meeting of July 15, 1986, and was scheduled for adoption. Adoption of Ordinance: The City Attorney 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 Bland, seconded by Councilman Buchheim that the following Ordinance be adopted: ORDINANCE NO. 580, REZONE 85-2 PLAZA) - AN ORDINANCE OF THE CITY OF SAN JUAN CAP ISTRAN0, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 2983 BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NO. 650-161-02 FROM AG (GENERAL AGRICULTURE) TO CO (OFFICE COMMERCIAL) (SAN JUAN CORPORATE PLAZA) The motion carried by the following vote: AYES: Councilmen Schwartze, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Friess COUNCIL REMARKS 1. LOS RIOS - RELOCATION OF SOLAG FACILITIES (315.12) In response to Councilman Schwartze, the City Manager advised that an agreement for acquisition of the Cappello property was nearing completion and staff was researching alternate access routes for the Solag trucks. 2. LEAGUE OF CALIFORNIA CITIES (106.15) Councilman Schwartze encouraged Council and Planning Commissioner attendance at the August 14th League of California Cities Division meeting, advising that Dan Curtin will be the speaker. 3. STREET LIGHTS (820.65) Councilman Bland noted receipt of a report regarding the outlook for continued use of mercury vapor street lighting. He noted incentives for conversion to high pressure sodium -22- 8/5/86 lights, and suggested an investigation of the matter. There was a consensus to direct staff to prepare a report to Council within 45 days with recommendations regarding incorporating the use of high pressure sodium lights as a City street lighting standard. 4, COYOTE PROBLEMS (107.21) Councilman Buchheim cited coyote problems encountered in the hillside areas and suggested that the County Animal Control be made aware of the problem. CLOSED SESSION Council recessed to a Closed Session at 10:06 p.m., for discussion of pending litigation pursuant to Government Code Section 54956.9(a), the City Clerk being excused therefrom, and reconvened at 10:42 p.m. SETTLEMENT OF CLAIM (TORRES) (402.128) It was moved by Councilman Bland, seconded by Councilman Buchheim and unanimously carried to approve settlement of the Raul Torres claim in the amount of $9,750. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:44 p.m., to the next meeting date of Tuesday, August 12, 1986, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, FOR 1'-'. "O'F MOMPNOVER,- -23- 8/5/86