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85-0702_CC_Minutes_Regular Meeting-65 JULY 2, 1985 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 7:03 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Michael Carlisle, Capistrano Valley Baptist Church. ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor pro tem Anthony L. Bland, Councilman Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman ABSENT: Phillip R. Schwartze, 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 Baker, Director of Community Services; Cheryl Johnson, Recording Secretary. INDEPENDENCE DAY - JULY 4. 1985 In consideration of the upcoming Independence Day and the recent hostage crisis in Lebanon, Mayor pro tem Hausdorfer cited his pride in the United States and read the words of Abraham Lincoln regarding liberty. MINUTES Regular Meeting of June 18, 1984: It was moved by Councilman Bland, seconded by Councilman Friess that the Minutes of the Regular Meeting of June 18, 1984, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Schwartze MOTION TO READ BY TITLE ONLY It was moved by Councilman Bland, seconded by Councilman Buchheim that all Ordinances be read by title only. The motion carried by the following vote: -1- 7/2/85 66'11 AYES: NOES: ABSENT: Councilmen Friess, Bland, Buchheim, and Mayor pro tem Hausdorfer Mayor Schwartze PRESENTATIONS AND COMMENDATIONS 1. PRESENTATION TO CAPTAIN VITO FERLAUTO (606. Captain Vito Ferlauto, Orange County Sheriff's Department, introduced Captain Steve Maloney, the new Commander of the California Highway Patrol Station in San Juan Capistrano. Captain Ferlauto then advised that he had been transferred to headquarters to command the North Operations Division and introduced Captain John "Rocky" Hewitt, who will take his place as Commander of the South Operations Division. As an expression of appreciation for his services to the City, Mayor pro tem Hausdorfer presented a plaque to Captain Ferlauto. CONSENT CALENDAR It was moved by Councilman Friess, seconded by Councilman Buchheim that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Schwartze 1. APPROVAL OF WARRANTS (202.2 The List of Demands dated July 2, 1985, Warrant Register No. 86-011, in the total amount of $259,721.15, was approved as submitted. 2. CITY TREASURER'S REPORT OF FUND CASH BALANCES (201.20) The City Treasurer's Report of Fund Cash Balances as of _ May 31, 1985, in the total amount of $4,653.16, was approved as submitted. 3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (138.4) The Report dated July 2, 1985, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of June 17, 1985, was ordered received and filed. -2- 7/2/85 67 4. CLAIM AGAINST THE CITY (ANGELO) (402.121) As set forth in the report dated July 2, 1985, from the City Clerk, the Claim in the amount of $928.56, filed on June 7, 1985, by Joseph Angelo, for alleged damages to Mr. Angelo's vehicle when he struck a bent sign on Pacific Coast Highway and Street of the Blue Lantern, was denied. 5. WAIVER OF FEES AND RE -ISSUANCE OF EXPIRED BU As set forth Director of authorized t issuance of Certificates 11095. PUBLIC HEARINGS 1. in the report dated July 2, 1985, from the Community Planning and Development, staff was o waive the building permit fees at the time of new permits for the 30 houses which do not have of Occupancy in Tracts 10103, 11093, 11094, and APPEAL OF PLANNING COMMISSION DECISION - CONDITIONAL USE Proposal: Appeal of the May 14, 1985, Planning Commission denial of a request for a zone variance and conditional use permit to allow placement of a satellite dish antenna on the rooftop of the San Juan Saloon, located at 26755 Verdugo Street. The dish antenna is existing and was placed on the rooftop in November, 1984, subsequent to an urgency ordinance adopted on October 16, 1984, creating regulations governing dish antennae and barring roof -mounted antennae. The present zoning, CT (Tourist Commercial), D (Design) Overlay District, allows placement of satellite dish antennae in commercial districts subject to approval of a conditional use permit. Surrounding uses include the multi -modal parking area to the north, commercial to the east, commercial and a brickyard to the south, and the Depot Restaurant to the west. Appellant: Donale and Donna Albert, Donales San Juan Saloon, 26755 Verdugo Street. Written Communications: Report dated July 2, 1985, from the Director of Community Planning and Development, advising that a zone variance must be considered to allow placement of the antenna on the roof, and a conditional use permit was necessary for installation of a dish antenna in a commercial district. The report forwarded background information and a recommendation to uphold the Planning Commission decision. -3- 7/2/85 Me Exhibits were on display and Susan Tebo, Associate Planner, made an oral presentation, noting major areas of concern, including the setting of a precedent if the use were allowed. She further advised that TV antennae were allowed in the area as a legal non -conforming use since cable was not available. Public Hearing: Notice having been given as required by law, Mayor pro tem Hausdorfer opened the Public Hearing and the following persons responded: (1) Donna Albert, appellant, 26755 Verdugo Street, advised that installation had started at the beginning of October; only the dish itself was installed at the beginning of November. She cited opposition to the location from which the exhibited pictures were taken, stating that the dish antenna was not highly visible. She advised that reception from the previous antenna was poor; that the dish antenna was necessary to attract customers. She stated support for the redevelopment proposal for the area, and when redevelopment started hoped to refurbish the existing porch, after which the dish antenna could be relocated to the porch area. She reiterated concern with adverse parking and environmental conditions in the area. (2) James Provos, 26692 Calle la Bomba, San Juan Capistrano, spoke in support of the appeal, advising that the antenna did not project higher than the roofs of adjacent buildings. (3) Ken Meck, Managing Partner of the general partnership which owns the building, spoke in support of the appeal, advising that past tenants of the building have also faced difficulties with parking and attracting customers. He stated his opinion that dish antennae were more aesthetically pleasing than TV antennae. (4) Ken Swindguard, 33411 Shelton Way, Dana Point, spoke in support of the appeal. (5) Donale Albert, appellant, reiterated the necessity of the dish antenna for survival of the business. There being no further response, Mayor pro tem Hausdorfer closed the Hearing with the right to re -open at any time. Council Discussion: Council concurred on the necessity for upholding established guidelines and avoiding a precedent -setting situation. Councilman Buchheim stated that the mandated findings could not be made to support approval of the appeal. In response -4- 7/2/85 2. 69 to Councilman Friess, the Director of Administrative Services advised that installation of TV cable services in the area would probably require citizens to participate financially; that Times Mirror Cablevision could be consulted on the matter. Mayor pro tem Hausdorfer suggested that staff review the area to determine if there is a location when a dish antenna could be placed for use by several businesses. Negative Declaration: It was moved by Councilman Bland, seconded by Councilman Friess and unanimously carried to certify the Negative Declaration. Denial of Zone Variance 85-6: It was moved by Councilman Bland, seconded by Councilman Friess and unanimously carried to deny Zone Variance 85-6. Denial of Conditional Use Permit and Zone Variance: It was moved by Councilman Bland, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 85-7-2-1, DENYING CONDITIONAL USE PERMIT 85-8 AND ZONE VARIANCE 85-6 - PLACEMENT OF 01Fi'1'r1LL1l'Z ulbn ANxrWNI-1 tp-uzziT) - H AmJVLu'llun ul THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING CONDITIONAL USE PERMIT 85-8 AND ZONE VARIANCE 85-6 REQUESTING TO PLACE A SATELLITE DISH ANTENNA ON THE ROOF OF AN EXISTING COMMERCIAL STRUCTURE IN THE TOURIST COMMERCIAL (CT) AND DESIGN (D) STANDARDS DISTRICTS The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Schwartze - UNITED STATES TRIATHLON SERIES Proposal• Approval of a parade permit to allow usage of various City streets for a portion of the United States Triathlon Series 10 Kilometer Run on Sunday, August 4, 1985. Participants will enter the City heading north on Del Obispo Street; turn east at Camino del Avion; turn north on Alipaz Street to Del Obispo Street, where the course turns right on the dirt access road at Trabuco Creek. The access road becomes a paved bikeway and the course continues southerly to Doheny State Beach and the conclusion of the event. -5- 7/2/85 r.J Ap lican�t: Nick Curl, Operations Manager, Southern California United States Triathlon Series, P. O. Box 886, Solana Beach, CA 92075. Written Communications: Report dated July 2, 1985, from the Director of Public _ Works, advising that on May 7, 1985, Council approved issuance of a parade permit for the Triathlon Series Bicycle Race scheduled to pass through the City; that the Triathlon Series staff had requested use of various City streets for the 10 Kilometer event. The report advised that the run will not require street closures, but will require more extensive placement of traffic control devices, additional City personnel, and rental of additional traffic control equipment. A cash deposit of $2,500 was recommended to provide reimbursement of all City expenses incurred. The Director of Public Works made an oral presentation. The Assistant City Manager advised that the applicant was unable to attend the meeting, but wished to forward his support of the staff recommendation of approval. Public Hearing: Notice having been given as required by law, Mayor Schwartze opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Approval of Parade Permit: It was moved by Councilman Buchheim, seconded by Councilman Bland and unanimously carried to approve the parade permit for the United States Triathlon Series 10 Kilometer run on Sunday, August 4, 1985, subject to receipt of an additional $2,500 cash deposit. 1. ANNUAL ARTERIAL HIGHWAY FINANCING PROGRAM REQUALIFICATION - Written Communications: Report dated July 2, 1985, from the Director of Public Works, forwarding a resolution requesting annual requalification for participation in the County's Arterial Highway Financing Program. The report advised that the City and County were working to mitigate minor discrepancies regarding the designation of Camino Los Padres and the Ortega Highway from La Novia Avenue to the easterly City limits. The report advised that non -action could mean the loss of funding for the Camino Capistrano bridge and the Del Obispo Street/Camino Del Avion widening projects. -6- 7/2/85 71 Annual Requalification: It was moved by Councilman Bland, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 85-7-2-2, ARTERIAL HIGHWAY FINANCING PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING ANNUAL REQUALIFICATION FOR PARTICIPATION IN THE COUNTY'S ARTERIAL HIGHWAY FINANCING PROGRAM The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Schwartze The City Clerk was directed to forward a certified copy of the Resolution to the Orange County Environmental Management Agency. 2. FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 - TRACTS Proposal: Commencement of proceedings for the formation of Landscape Maintenance District No. 1, which will consist of the restoration, installation, and maintenance and operations of irrigation systems and landscape improvements within the Capistrano Royale tracts. The estimated annual assessment for the proposed District was $150,000, or $1,260.50 per residential lot. The assessments will be reflected on property tax bills. A Public Hearing will be conducted on August 6, 1985. Written Communications: (1) Report dated July 2, 1985, from the Director of Public Works. (2) Report entitled "Landscape Maintenance District No. 1," dated June, 1985, prepared by the Department of Public Works and known as the Engineer's "Report". Boundary Map: Exhibits were on display and a general presentation of the proposed boundary map showing the parcels and land to be assessed was made by the Director of Public Works. Adoption of Boundary Map: It was moved by Councilman Buchheim, seconded by Councilman Bland that the following Resolution be adopted: -7- 7/2/85 72. RE6ULUTIUN NV. 0.)- DnTTMnADTRC - T.AMTIC L11 ROYALE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF A SPECIAL MAINTENANCE DISTRICT - LANDSCAPE MAINTENANCE DISTRICT _ NO. 1, TRACTS 10103, 11093, 11094 AND 11095 (CAPISTRANO ROYALE) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Schwartze Initiation of Proceedings/Ordering Engineer's "Report": It was moved by Councilman Buchheim, seconded by Council. Bland that the following Resolution be adopted: RESOLUTION NO. 85-7-2-4, INITIATING PROCEEDINGS AND nDnRDTMC 11DRDnDFa - 7.A NnRCa DR MATWMRMAwrR nTRTRTCT (CAPISTRANO ROYALE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING PROCEEDINGS AND ORDERING THE PREPARATION OF AN ENGINEER'S "REPORT" FOR CERTAIN MAINTENANCE DISTRICT PROCEEDINGS - LANDSCAPE MAINTENANCE DISTRICT NO. 1, TRACTS 10103, 11093, 11094, AND 11095 (CAPISTRANO ROYALE) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Schwartze Agreement for Legal Services: Pursuant to Section 6 of the Resolution, the letter _ agreement for legal services submitted by F. Mackenzie Brown, Inc., was approved. Presentation of Engineer's "Report": The Engineer's Report was presented, consisting of: (1) plans; (2) specifications; (3) cost estimate; (4) assessment diagram; and, (5) assessment roll. -8- 7/2/85 73 Approval of "Report": It was moved by Councilman Bland, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 85-7-2-5. APPROVING ENGINEER'S "REPORT" -- -- z, (CAPISTRANO ROYALE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ENGINEER'S "REPORT" FOR PROCEEDINGS FOR THE FORMATION OF A MAINTENANCE DISTRICT - LANDSCAPE MAINTENANCE DISTRICT NO. 1, TRACTS 10103, 11093, 11094 AND 11095 (CAPISTRANO ROYALE) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Schwartze Intent to Form District/Setting Public Hearing: It was moved by Councilman Buchheim, seconded by Councilman Bland that the following Resolution be adopted: RESOLUTION NO. 85-7-2-6, DECLARING INTENT TO ORDER FORMATION OF DISTRICT AND SETTING PUBLIC HEARING - 11U1.5, 11U74, ANL 11U77 i<VYALt:) - H RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE FORMATION OF A MAINTENANCE DISTRICT AND TO LEVY AND COLLECT ASSESSMENT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON - LANDSCAPE MAINTENANCE DISTRICT NO. 1, TRACTS 10103, 11093, 11094, AND 11095 (CAPISTRANO ROYALE) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Schwartze The Resolution set a Public Hearing for the meeting of August 6, 1985; the City Clerk was directed to publish a copy of the Resolution in the Capistrano Valley News and to mail a copy of the Resolution by first-class mail to all affected property owners. -9- 7/2/85 74 3 RIGHT-OF-WAY - FEDERALLY - Written Communications: Report dated July 2, 1985, from the Director of Public Works, requesting adoption of a resolution designating the Director of Public Works and/or the City Engineer as the position with the authority to execute right-of-way certification on behalf of the City. Adoption of the resolution was a necessary step to insure Federal funding of the Camino Capistrano Bridge project. Adoption of Resolution: It was moved by Councilman Buchheim, seconded by Councilman Bland that the following Resolution be adopted: RESOLUTION NO. 85-7-2-7, DESIGNATING PERSONS TU EAEUUTE X1UHT-Ur--WHY l-ZAlLX-Lt—H'IlU1VJ — h 2�.GJva,u iivav OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING PERSONS AUTHORIZED TO EXECUTE RIGHT-OF-WAY CERTIFICATIONS The motion carried by the following vote: AYES: NOES: ABSENT: The positions Engineer were Certifications City. Councilmen Friess, Bland, Buchheim, and Mayor pro tem Hausdorfer None Mayor Schwartze of Director of Public authorized to execute for Federally -funded BIDS, CONTRACTS, AGREEMENTS 1. IFICATIONS AND Works and/or City right-of-way projects within the 2 Written Communications: Report dated July 2, 1985, from the Director of Public Works, requesting approval of specifications for a Public Works backhoe/loader (diesel) unit; that the replacement of the present unit was included in the 1985-86 fiscal budget. The replacement cost was estimated at $40,000; the current unit will be used as a trade-in. Approval of Specifications/Call for Bids: It was moved by Councilman Bland, seconded by Councilman Buchheim and unanimously carried to approve the specifications and to authorize a call for bids for a Public Works diesel backhoe/loader unit. -10- 7/2/85 RECESS AND RECONVENE Council recessed at 8:09 p.m., to conduct the joint public hearing of the City Council and the Community Redevelopment Agency, and reconvened at 9:08 p.m. The City Clerk/Agency Secretary called the roll, noting all Members present with the exception of Mr. Schwartze. JOINT PUBLIC HEARING - CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY 1. REDEVELOPMENT PLAN AMENDMENT 84-1 (152) Citing a conflict of interest, Councilman Buchheim left the proceedings. Proposal: Consideration of an amendment to the Redevelopment Plan, which was initiated on August 21, 1984, to expand the existing project boundary by including the following areas, known as the "Added Area": Area 1 - Trammel-Crow/Endevco/SAS/Honeyman/Williams: This area consists of approximately 75 acres, of which approximately 13 are currently developed. Public improvements on Rancho Viejo Road between the northern City limits and Junipero Serra would be undertaken with assistance from the Redevelopment Agency. Area 2 - Ortega: This area consists of approximately 48 acres, of which approximately 8 are currently developed. Public improvements would provide a vehicular linkage between "Area A" and the Ortega site, which are bisected by the I-5 freeway. Area 3 - Lyon/Arosa: This area consists of approximately 47 acres of undeveloped land. Public improvements would consist of providing assistance toward the improvement of Valle Road linking San Juan Creek Road to Camino Las Ramblas. Development of the Lyon site would provide for approximately 54 affordable housing units. Applicant: City of San Juan Capistrano/San Juan Capistrano Community Redevelopment Agency. Written Communications: (1) Report dated July 2, 1985, from the Director of Community Planning and Development/Deputy Director, forwarding a recommendation of approval from the Planning Commission. (2) Report by the Agency to the City Council, as submitted May 21, 1985. -11- 7/2/85 (3) Notebook entitled "Redevelopment Plan Amendment 84-1", and including an introduction, background information, the preliminary report, Redevelopment Plan Amendment, and Planning Commission recommendations (identified as Exhibit 1). (4) Environmental Impact Report Documentation, as follows: (a) The San Juan Capistrano Central Redevelopment Project; (b) Ortega Highway Properties; (c) Brinderson-William Lyon Company Apartment -Complex; (d) Forster Canyon Planned Community; (e) Swanner and Williams Property; (f) Honeyman Ranch; and, (g) San Juan Capistrano Convention Hotel Complex. (5) Letter dated March 15, 1985, from William F. Dawson, Assistant Superintendent, Facilities and Services, Capistrano Unified School District, 32972 Calle Perfecto, San Juan Capistrano, 92675, requesting that a method of assuring the District that current developers' fees or their equivalent be collected by the Redevelopment Agency in the District's behalf and made available for any capital outlay expenditures necessary to provide services to potential students (identified as Exhibit 2). (6) Letter dated April 15, 1985, from Lynn April Hartline, Assistant Superintendent, Administrative Services, Orange County Department of Education, 200 Kalmus Drive, P. 0. Box 9050, Costa Mesa, 92628, forwarding a resolution indicating the wish of the Orange County Board of Education to participate in redevelopment efforts and to receive their allocation of taxes (identified as Exhibit 2). Exhibitson Dispy: (1) Map showinla Ig original Redevelopment Plan boundary; (2) Map showing the area to be added: (3) Map showing proposed public improvements; (4) Boundary map of Redevelopment Plan Amendment 84-1. Introductory Comments: The City Manager advised that the Central Redevelopment Project was adopted on July 12, 1983; an amendment was _ approved on May 19, 1984, which made certain changes to the Redevelopment Plan for the Central Project Area. The proposed amendment would add certain territory to the existing Project Area and include various additional public improvements. Mark Huebsch, Special Counsel, Stradling, Carlson, Yocca, and Rauth, 660 Newport Center Drive, Newport Beach, noted -12- 7/2/85 77 that evidence would be introduced for consideration in connection with certain findings and determinations to be made with regard to the ordinance adopting the Redevelopment Plan, as contained in Section 33367 of the Health and Safety Code. The findings included: (1) The Added Area meets the legal qualifications for a blighted 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 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 Relatinq to Backaround and Rational of Proiect: Raymundo Becerra, Senior Planner, briefly summarized pertinent parts of the Report of the Agency to the City Council, which was the basic supporting documentation for Redevelopment Plan Amendment 8-4-1. The rational for the Amendment constituted improvements to circulation, assistance to property owners, and public improvements; i.e., flood control, bikeway system, and major roads. Mr. Becerra discussed the blight influences, including depreciated property values and under -utilization of property. Summary of Environmental Documentation/Redevelopment Plan Amendment 84-1: Raymundo Becerra made a presentation regarding the environmental documentation submitted, advising that the Environmental Review Board had made a careful, thorough study of all the environmental impact reports; all had been certified after Council review. Mark Huebsch summarized proposed Amendment 84-1, citing the addition of the "Added Areas" and the list of permissible public improvements which had been expanded to include infrastructure deficiencies. -13- 7/2/85 78 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 84-1. The following person responded: (1) James Thorpe, 27952 Calle Santa Ynez, San Juan Capistrano, stated that the environmental documentation was inadequate and did not address cumulative effects. He further cited concern that the Amendment did not seem to be consistent with the Citizen's Policy Plan, could be contrary to the intent of the General Plan, and seemed to be growth -inducing. Mr. Thorpe was advised that the "Added Areas" had approved development plans, but were still open space due to the economic environment; that all projects would continue to proceed through normal processing; the Redevelopment Agency provided a financing vehicle and flexibility to accommodate the various projects when market demand increased. There being no other response in opposition, Mayor pro tem Hausdorfer asked for any other statements, and the following person responded: (1) Gerald Walsh, Attorney at Law, Cox, Castle, and Nicholson, 5000 Birch Street, Newport Beach, representing the Aminta parcel, Parcel Map 83-861, stated support for inclusion of the parcel within Amendment. the There being no further response, Mayor pro tem Hausdorfer closed the Public Hearing with the right to re -open at any time. Completion of Environmental Review: It was moved by Councilman Friess, Bland that the following Resolution NO. 85-7-2-8 seconded by Councilman be adopted: 104 OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING THAT ENVIRONMENTAL REVIEW WITH RESPECT TO REDEVELOPMENT PLAN AMENDMENT 84-1 HAS BEEN COMPLETED The motion carried by the following vote: AYES: Councilmen Friess, Bland and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Schwartze and Councilman Buchheim -14- 7/2/85 79 Use of Taxes for Housinq Outside Proiect Area: It was moved by Director Bland, seconded by Director Friess that the following Resolution be adopted: RESOLUTION NO. 85-7-2-9, USE OF TAXES FOR PURPOSE OF HOUSING OUTSIDE PROJECT AREA (REDEVELOPMENT PLAN AMENDMENT 84-1) - 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 84-1 The motion carried by the following vote: AYES: Councilmen Friess, Bland, and Mayor pro tem Hausdorfer 4N7*�6.9=M ABSENT: Mayor Schwartze and Councilman Buchheim Adoption of Redevelopment Plan Amendment 84-1: 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 Friess, seconded by Councilman Bland that the following Ordinance be introduced: ORDINANCE NO. 547, ADOPTING AMF.NTImRwT RA -1 - CAN .TTTAM r REDEVELOPMENT PROJECT - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING REDEVELOPMENT PLAN AMENDMENT 84-1 TO THE REDEVELOPMENT PLAN FOR THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT The motion carried by the following vote: AYES: Councilmen Friess, Bland, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Schwartze and Councilman Buchheim t 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, -15- 7/2/85 8® 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. Councilman Buchheim returned to the podium and resumed his duties. ADMINISTRATIVE ITEMS CITY MANAGER III 1. SAN JOAQUIN HILLS AND FOOTHILL EASTERN TRANSPORTATION rnRRTnnRc - AaRFFMFNTR FOR JOTNT POWERS AUTHORITIES This item was continued from the meeting of June 18, 1985. Written Communications: Report dated July 2, 1985, from the City Manager, advising that documents from the County and other participating agencies were not finalized. Continuation of Item: There was a consensus of Council to direct staff to reschedule the item when ready for Council action. 2. AMENDMENT TO CITY' IFICATION AND Written Communications: Report dated July 2, 1985, from the City Manager, citing the need for a reorganization of the City Manager's Office. The report recommended that a new Administrative Assistant position be created and that the Assistant to the City Manager position be reinstated. The Senior Administrative Assistant position title would be retained, but the position would remain vacant. Approval of Amendment: It was moved by Councilman Bland, seconded by Councilman Buchheim that th following Resolution be adopted: RFSOLUTTON NO. 85-7-2-10. AMENDING CITY'S PERSONNEL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NOS. 82-9-21-4 AND 84-12-4-10, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLANS (CLASS TITLES) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Schwartze -16- 7/2/85 m 3. RATIFICATION OF MEMORANDA OF UNDERSTANDING (406.33/406.242) Written Communications: Report dated July 2, 1985, from the Assistant City Manager, forwarding for Council ratification Memoranda of Understanding which had been approved by the Management and Employees Associations. The basic components included a 4.58 cost of living increase and additional insurance costs of .48 to be covered by the City. Ratification of Memoranda of Understanding: It was moved by Councilman Buchheim, seconded by Councilman Bland and unanimously carried to ratify the approved Memoranda of Understanding and to authorize the Mayor and City Clerk to execute the documents on behalf of the City. 4. AMENDMENT TO CITY'S PERSONNEL CLASSIFICATION AND rnmrDFnTCAmTnTT DT.AXTC 1QhT.21DTVC1 tSnn 11 Written Communications: Report dated July 2, 1985, from the Assistant City Manager, forwarding revised salary schedules, pursuant to the Memoranda of Understanding for Fiscal Year 1985-86. Approval of Revised Salary Schedules: It was moved by Councilman Buchheim, seconded by Councilman Bland that the following Resolution be adopted: RESOLUTION NO. 85-7-2-11. AMENDING PERSONNEL I-U1ft011r.LUk11"1VN ANN LVMY8IVJA"1"1 VW Y Lm 1DA n-LrDj - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 84-12-4-10, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN (SALARIES) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor pro tem Hausdorfer NOES: None ABSENT: Mayor Schwartze DIRECTOR OF PUBLIC WORKS 1. STATUS REPORT - OCEAN WAIVER PROCESS (SERRA) (151.1) Written Communications: (1) Report dated July 2, 1985, from the Director of Public Works, advising that it had become apparent that there was no longer a majority of support among SERRA's member agencies for the application for an ocean waiver project, and recommending that the City discontinue all efforts. -17- 7/2/85 619 (2) Letter dated July 1, 1985, from Esther Shillman, Vice President, League of Women Voters, Capistrano Bay Area, 209 Sierra, San Clemente, 92672, urging that sewage treatment standards not be lowered. The Director of Public Works made an oral report, citing the split vote on the issue among the SERRA Board of Directors and noting the staff view that the issue was one of local control. Public Input: (1) Dr. Jack Skinner, 1724 Highland, Newport Beach, spoke in opposition to the waiver, citing concerns regarding health hazards from lowered treatment standards. (2) Nancy Skinner, 1724 Highland, Newport Beach, urged total withdrawal from the waiver process. She presented a letter dated March 18, 1985, from Supervisor Thomas F. Riley, to Susan Skinner, stating that granting of the waiver would be unacceptable. Councilman Buchheim advised that as Chairman of the SERRA Board of Directors, he had requested a legal opinion to determine if a unanimous vote was necessary in applying for the permit if the waiver were granted; that there was an obligation to determine cost savings versus environmental impacts. He cited a letter dated June 26, 1985, from Supervisor Thomas F. Riley, urging that the City not support the secondary waiver application proposal. Administrative Efforts Discontinued: It was moved by Councilman Buchheim, seconded by Councilman Bland and unanimously carried to discontinue all City administrative efforts toward the modification to the ocean discharge standards of the SERRA Treatment Plant. Pursuant to a suggestion by Mayor pro tem Hausdorfer, there was a consensus that the item be rescheduled for formal action on the waiver. 2. BUDGET AMENDMENT, PROJECT COMMITTEE NO. 16 - SOLIDS HANDLING (SERRA) (151.4) Written Communications: Report dated July 2, 1985, from the Director of Public Works, advising that the construction phase of the solids handling/odor control improvement project had begun; that with the inclusion of the 3 MGD Plant Expansion project and a determination of new capacities, participation had been re -assessed to accommodate the actual capacity of the site. The City's capacity was originally 19.238; the new percentage, which reflects 4.3 MGD treatment capacity, was increased to 23.24%. The increased percentage required additional funds from the City. -18- 7/2/85 ON Approval of Budget Amendment: It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to approve the budget amendment for Project Committee No. 16 and to authorize the transfer of $25,175 from the Sewer Enterprise Fund to Project Committee 16. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF ACTIONS (140.4) The Report dated July 2, 1985, from the Director of Community Planning and Development, regarding actions taken by the Planning Commission at their meeting of June 25, 1985, was ordered received and filed. COUNCIL ACTIONS 1. ANNUAL REVIEW OF COMMISSION AND BOARD APPOINTMENTS (130.1) This item was continued from the meeting of June 18, 1985. Pursuant to a suggestion made by Mayor pro tem Hausdorfer, there was a consensus of Council that the item be held over to the meeting of August 6, 1985. 2. APPOINTMENT OF ONE MEMBER TO THE ARCHITECTURAL BOARD OF REVIEW (131.2) This item was continued from the meeting of June 18, 1985. Pursuant to a suggestion made by Mayor pro tem Hausdorfer, there was a consensus of Council that the item be held over to the meeting of August 6, 1985. 3. APPOINTMENT TO ORANGE COUNTY HOUSING AUTHORITY (107.11) Written Communications: Report dated July 2, 1985, from the Senior Administrative Assistant, noting that the City had been requested to appoint a representative to serve on the Orange County Housing Authority Advisory Committee; that the current representative indicated a willingness to be re -appointed to the position for an additional term. Re -appointment of Carol O'Connell: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to re -appoint Mrs. Carol O'Connell to represent the City on the Orange County Housing Authority Advisory Committee. -19- 7/2/85 84 COUNCIL REMARKS 1. COUNCIL MEETING - There was a consensus of Council that an Adjourned meeting be scheduled for July 30, 1985, to conduct a field trip to the Los Rios Area. 2. LITTLE LEAGUE ALL-STAR TEAM DONATION (NEISH)(111.1) Mayor pro tem Hausdorfer noted a request received from David Neish, a local resident who was selected to be a member of the United States Little League All-Star team, for contributions to defray expenses of overseas travel with the team. It was moved by Councilman Buchheim, seconded by Councilman Friess and unanimously carried to provide $250 from the Council Discretionary fund. A letter to accompany the check is to be prepared for the Mayor's signature. Staff was further directed to prepare a Council Policy Statement that donations from the fund not exceed $250 and be provided solely at Council discretion. 3. AGRICULTURE -FARM DISTRICTS (306.5) Mayor pro tem Hausdorfer requested that staff work with Charles Vermeulen regarding the Ordinance. CLOSED SESSION Council recessed to a Closed Session at 9:43 p.m., for discussion of pending litigation pursuant to Government Code Section 54956.9, the City Clerk being excused therefrom, and reconvened at 10:56 p.m. COUNCIL ACTIONS SETTLEMENT OF CLAIM (TURKUS)(402.99) Written Communications: Report dated July 2, 1985, from the Director of Administrative Services, noting a claim received for alleged injuries sustained when the claimant fell on a crack in front of the Mission and broke her wrist. The report forwarded a recommendation from the City's Claims Adjuster to settle the claim. _ Settlement of Claim: It was moved by Councilman Friess, seconded by Councilman Buchheim and unanimously carried to authorize Carl Warren & Company to settle the Turkus claim in the amount of $3,000. -20- 7/2/85 85 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:57 p.m., to the next regular meeting date of Tuesday, July 16, 1985, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, MARY ANN/ ,,,' • VER", CITY CLERK -21- 7/2/85