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98-0616_CC_Minutes_Regular Meeting201 JUNE 16,1998 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION (610.85) A Closed Session was scheduled for the following purposes, as authorized by statute: Pursuant to Government Code Section 54956.9(c), the City Council will conferwith its Legal Counsel regarding one matter. 2. Pursuant to Government Code Section 54957.6, the City Council will confer with its Labor Negotiator (City Manager) regarding Terms and Conditions of Employment (Management and Classified Employees). RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY MEETING UNTIL 7:00 P.M. BUSINESS SESSION. 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 Council Member David M. Swerdlin. ROLL CALL: PRESENT: Gil Jones, Mayor John Greiner, Mayor pro tem David M. Swerdlin, Council Member Wyatt Hart, Council Member Collene Campbell, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; John Shaw, Interim City Attorney; Jennifer Murray, Assistant City Manager; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and Building Director; Amy Amirani, Public Works Director; Al King, Community Services Director; Gillian E. Rampley, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY Mayor Jones announced that the scheduled Closed Session had been canceled. City Council Minutes -1- 6/16/98 202 INTRODUCTIONS, PRESENTATIONS AND DONATIONS RECOGNITION OF CAPISTRANO VOLKSWAGEN'S MAJOR SPONSORSHIP OF SAN JUAN SUMMER NITES CONCERT #1 FOR JUNE 17, 1998 (610.4 0) Written Communication: Memorandum dated June 16,1998 from the Economic Development Administrator advising that Mr. Miles Brandon, the new owner and operator of Capistrano Volkswagen, had donated $2,000 to support the first San Juan Summer Nites Concert scheduled for Wednesday, June 17, 1998 at the Historic Town Center Park. The Report advised that Capistrano Volkswagen would receive recognition during the first concert and that their business name had been printed on all promotional materials for the concert. Mayor Jones presented a Certificate of Appreciation to Miles Brandon and thanked him for his generous support in helping the Summer Nites program get established. 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Council Member Greiner introduced the following persons in attendance: Don Tryon and Bill Hardy, Cultural Heritage Commission; Ed Johnson and Bill Pichler, Planning Commission; Janice Palermo and Marie Buckner, Housing Advisory Committee; Larry Buchheim, former Mayor; Al Simmons, Seniors Liaison to the City; Judge Rick Tooey. 3. ACKNOWLEDGMENT OF DONATIONS (150.10) Mayor Jones acknowledged donations to the City in support of the Volunteer Connection Day from Wiles Restaurants Inc. (Carl's Jr.) in the form of food coupons, and bottled water and ice from Farmers Market at Marbella Plaza. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS) WEED ABATEMENT - CAPO TERRACE MOBILE HOME PARK (540.70) Ed Parr, 3802 Valle, #119, complained that the management of Capo Terrace Mobile Home Park had failed to remove deed weeds from the slope below two dozen coaches with exposed wooden flooring, thus creating a significant fire hazard. The City Manager advised that staff would address the problem. 2. SADDLEBACK VALLEY CHRISTIAN SCHOOL (515.40) Eva Crabbs, 31491 Via Santa Maria, expressed concern at the location of the proposed Saddleback Valley Christian School. She noted the number of children already in the attending schools in the immediate vicinity and felt the area could not accommodate additional children and traffic. She felt the staff proposal to look at staggered hours for the City Council Minutes -2- 6/16/98 203 various schools would be entirely inadequate. She asked that the City Council not approve ' the Saddleback Valley Christian School in that location. CONSENT CALENDAR It was moved by Council Member Hart, and seconded by Council Member Greiner, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Greiner, Hart, Swerdlin, Campbell and Mayor Jones NOES: None ABSENT: None MOTION TO READ ORDINANCES BY TITLE ONLY The Reading of all Ordinances by title only was approved. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF MAY 19, 1998 I The Minutes of the Regular Meeting of May 19, 1998 were approved as submitted.. 3. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) The Status Report on New Development Applications was received and filed. 4. AWARD OF CONTRACT - SLURRY SEAL OF CITY STREETS 1997-1998 (CIP NO 104) (CALIFORNIA PAVEMENT MAINTENANCE COMPANY) (600.301 As set forth in the Report dated June 16, 1998 from the Director of Engineering and Building, the contract for slurry seal of City streets 1997-1998 was awarded to the low bidder, California Pavement Maintenance Company, Inc., in the amount of $90,330.00. The Mayor and City Clerk were authorized to execute the document on behalf of the City. AWARD OF CONTRACT - LANDSCAPE MAINTENANCE (1) CITY PARKS; (2) CITY PARKWAYS/MEDIANS (BOTACO) (600.30) As set forth in the Report dated June 16, 1998 from the Public Works Director, the following contracts were awarded to BotaCo, Inc.: (1) Landscape Maintenance - City Parks, in the amount of $75,600 per year; and, (2) Landscape Maintenance - City Parkways/Medians, in the amount of $54,700. City Council Minutes -3- 6/16/98 204 6. ADOPTION OF RESOLUTION CERTIFYING THE CITY'S PAVEMENT MANAGEMENT PROGRAM AND AUTHORIZATION TO SUBMIT THE MEASURE M ELIGIBILITY PACKAGE (820.25) As set forth in the Report dated June 16, 1998 from the Director of Engineering and Building, the following Resolution certifying the City's Pavement Management Program and authorizing staff to submit the Measure M eligibility package was adopted: RESOLUTION NO. 98-6-16-1, CERTIFYING EXISTENCE OF A PAVEMENT MANAGEMENT PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CERTIFYING THE EXISTENCE OF A PAVEMENT MANAGEMENTPROGRAM ADOPTION OF RESOLUTION. ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAM ANNUAL CONSISTENCY REVIEW, CITY'S MASTER PLAN OF STREETS AND HIGHWAYS AND COUNTY'S MASTER PLAN OF ARTERIAL HIGHWAYS (820.25) As set forth in the Report dated June 16, 1998 from the Director of Engineering and Building, the following Resolution was adopted finding consistency between the City's Master Plan of Streets and Highways/Circulation Element and the County's Master Plan of _ Arterial Highways in order to maintain eligibility for participation in the Orange County Combined Transportation Funding Program: RESOLUTION NO. 98-6-16-2 CONSISTENCY REVIEW FOR CONFORMANCE WITH COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF SAN JUAN CAPISTRANO AND REVIEW FOR CONFORMANCE WITH THE COUNTY'S MASTER PLAN OF ARTERIAL HIGHWAYS 8. APPROVAL OF CONTRACT EXTENSIONS: (1) LANDSCAPE MAINTENANCE - LANDSCAPE MAINTENANCE DISTRICTS AND (2) LANDSCAPE MAINTENANCE - CITY FACILITIES (PRO -TURF) (600.301 (CONTINUED FROM JUNE 2. 1998 MEETING) As set forth in the Report dated June 16, 1998 from the Public Works Director, two-year contract extensions were approved with Pro -Turf Landscape Services for landscape maintenance of the following: Landscape Maintenance Districts in the amount of $28,389 per year; and, City Facilities in the amount of $32,985 per year. City Council Minutes -4- 6/16/98 205 9. RENEWAL OF CROSSING GUARD CONTRACT WITH ALL CITY ' MANAGEMENT SERVICES (600.30) As set forth in the Report dated June 16, 1998 from the Chief of Police Services, the amendment to the Agreement with All City Management Services for the services of three crossing guards was approved for the school year beginning July 1, 1998 through June 30, 1998 in the amount of $25,834. 10. RENEWAL OF CONTRACT WITH TRAUMA INTERVENTION PROGRAMS, INC. (600.30) As set forth in the Report dated June 16, 1998 from the Chief of Police Services, the Agreement with Trauma Intervention Programs, Inc. to provide volunteer trauma intervention response to critical incidents in the amount of $3,396.72 was approved. 11. DENIAL OF CLAIM OF BONITA PARKS FOR DAMAGES (170.10) As set forth in the Report dated June 16, 1998 from the City Attorney, the claim of Bonita Parks for damages was denied in its entirety. 12. APPROVAL OF LAND USE AGREEMENT WITH ORTEGA PROPERTIES FOR THE STOCKPILE AT SAN JUAN CREEK (ORTEGA PROPERTIES) (600.30) ' As set forth in the Report dated June 16, 1998 from the Engineering and Building Director, the Land Use Agreement with Ortega Properties for the use of private property adjacent to San Juan Creek to stockpile dirt needed for restoration of the Creek banks, and the stockpile removal and return of the property to its original condition by October 31, 1998, was approved. Council Member Campbell requested that a letter thanking Ortega Properties be sent. 13. RECEIVE AND FILE WARRANTS OF JUNE 4, 1998 (300.3 0) The list of Demands dated June 4, 1998 in the amount of $666,722.86 was ordered received and filed. 14. APPROVAL OF AMENDMENT NO. 1 TO THE SOUTHEAST RECLAMATION AUTHORITY PROJECT COMMITTEE 2 AGREEMENT (600.50) As set forth in the Report dated June 16, 1998 from the Engineering and Building Director, Amendment No. 1 to the South East Reclamation Authority Project Committee 2 Agreement was approved. The Amendment provided for the Capistrano Beach Water District's membership; for transfers of capacity to Capistrano Beach Water District; for verification of liquids and solids handling capacity; and, for clarification of terms for allocating costs. City Council Minutes -5- 6/16/98 206 15. APPROVAL OF EXTENSION OF CAPISTRANO VILLAS PARKING ADMINISTRATION AGREEMENT (WEBB MANAGEMENT) (600.30) As set forth in the Report dated June 16, 1998 from the Assistant City Manager, the extension of the existing Agreement with Webb Management to provide for parking management services for Capistrano Villas overnight parking program for an additional one year period, through June 30, 1999, was approved. PUBLIC HEARINGS ADOPTION OF INTERIM URGENCY ORDINANCE SUSPENDING PROCESSING OF CERTAIN DEVELOPMENT APPLICATIONS TO ALLOW PREPARATION AND ADOPTION OF UPDATED GENERAL PLAN (420.30/440.25) Proposal: Consideration of an Interim Urgency Ordinance suspending processing of certain development applications to allow preparation and adoption of an updated General Plan. Written Communications: (1) Report dated June 16, 1998 from the Planning Director advising that at the City Council meeting of May 19, 1998, the need for a review of the City's General Plan had been discussed, as well as the need to suspend processing of development applications of a certain scale in order to avoid compromising the update process. The Report forwarded an urgency Ordinance suspending the processing of certain development applications. The Report further recommended a process to conduct the comprehensive review of the General Plan. The proposed Interim Urgency Ordinance provided for certain exemptions, including: (1) projects for which a Vesting Tentative Tract Map has been previously approved; (2) projects with an approved Tentative Tract Map and for which a mass grading permit had been issued; (3) residential projects which have an approved Development Agreement and/or Settlement Agreement; (4) an amendments to the land use entitlement for certain exempted projects, as long as the amendment does not increase density or intensity; (5) all new residential subdivisions of 50 or fewer lots; (6) any new residential application that restricts age of residents to greater than 55 years of age or older; (7) any new residential application that is consistent with the Senior/Affordable Housing provisions ofthe Municipal Code; (8) all non-residential and retail projects of less than ten net usable acres; (9) any public institutional use; (10) continuation of general agricultural operations permitted by the underlying zoning for a particular parcel. However, the City shall not process any application submitted under the "Exemption" section in which the applicant seeks only to subdivide a smaller portion of the entire parcel. Each of these exemptions were designed to be consistent with existing State regulations. City Council Minutes -6- 6/16/98 207 (2) Letter dated June 4, 1998 from Terry Barringer, 28424 Avenida LaMancha, supporting the Interim Urgency Ordinance. (3) Letter dated June 16, 1998 from Dennis Gage, Concorde Development, opposing the proposed Interim Urgency Ordinance. Mr. Tomlinson, Planning Director, made an oral presentation in which he noted that the existing General Plan, adopted in 1974, contained many of the goals and policies that recent General Plans now include, such as preservation of natural features that form the character of a community; growth management provisions; historic preservation; flood plain management; agriculture preservation; and, preservation of permanent open space. The City has been implementing the existing Plan for the past 24 years and it has been the foundation upon which the quality of life in the City is based. The intent of the proposed General Plan update is to bring all of the Elements current with today's knowledge and understandings, making refinements to the General Plan vision. It will also assure that the quality of life issues outlined in the current General Plan will create a sustainable community that balances the physical development of the City with an understanding of its cultural diversity, while preserving the financial ability to fund expected levels of services to residents. Mr. Tomlinson emphasized that the proposed Interim Urgency Ordinance would support and complement the General Plan update process. He described the type of development applications that would be affected by the proposed Urgency Ordinance, noting that all ' vacant property would be subject to the Urgency Ordinance unless it fell under one of the defined exemptions. George Scarborough, City Manager, for clarification, advised that only three projects would be affected by the Ordinance: Whispering Hills, Home Depot and the WalMart project. Public Hearine: Notice having been given as required by law, Mayor Jones opened the Public Hearing and the following persons responded: (1) Larry Buchheim, 31591 Paseo Don Jose, one of the owners of the property located at Junipero Serra and Camino Capistrano which had been considered by WalMart, advised that the WalMart project had been withdrawn. He felt that the City had adequate controls on development already although there were Elements of the General Plan that needed to be looked at such as the Circulation Element. He stated opposition to the proposed Urgency Ordinance. (2) Richard Hill Adams, 33532 Forster Ranch Road, stated that the City Council had always had the best interests of the residents at heart and protected the quality of life. He noted that the City had a well-defined process for development applications, including reviews by City commissions who provided valuable input to the City Council. He opposed the proposed Ordinance, also noting that the current process could control development. However, he supported an update of the General Plan. City Council Minutes -7- 6/16/98 208 (3) Scott Allen, 19600 Fairchild, Irvine, President of the Orange County Building Industry Association, spoke in opposition to the proposed Ordinance but supported a review of the General Plan. (4) Jack Heath, 26000 Avenida Aeropuerto, a member of the Capo Valley Mobile Estates Residents Association, spoke in support of the proposed Ordinance, due to the mobile home park's opposition to the proposed Home Depot development. (5) Debbie Hope, 30562 Hunt Club Drive, stated her confusion over how such developments in the City as the concentration of drive-through restaurants were permitted. (6) Dr. Mitch Wainwright, 28581 Via Primavera, stated opposition to the proposed Whispering Hills development, noting it would bring significant traffic into an already congested area and would negatively affect the quality of life. (7) Mark Speros, 28482 Via Ordaz, supported the proposed Ordinance and expressed concern that the proposed Whispering Hills development would make access to Ortega Highway even more difficult. He asked the City Council to look at and balance the needs of the community before allowing another development. (8) William Malcomb, 31301 Via Las Palmas, spoke in support of the proposed Ordinance and review of the General Plan. He expressed great concern at the proposed Whispering Hills development which he felt would increase traffic to unacceptable levels, would adversely affect ridgelines and compound overcrowding problems at Ambuehl School. (9) Renee Lacouague Bondi, was introduced by Mayor Jones. She noted that her family had originally raised oranges on their property and the end of San Juan Creek Road. However, such activity had ultimately been unable to support the family so their property had been developed and they had benefitted. She expressed concern that land her family had donated to the City for open space might be used for development, possibly a golf course. Mr. Tomlinson, Planning Director, clarified that the property in question had been developed as a park site on San Juan Creek Road. The City Manager advised that the Whispering Hills Development was in the very preliminary stages of review. If the proposed Ordinance was not adopted all proposals would be carefully reviewed and analyzed. If the Ordinance was adopted, the Whispering Hills processing would be subject to its provisions. (10) William Polis, 28181 Las Brisas Del Mar, expressed concern about the Whispering Hills project and possible pressure to open up Las Ramblas to the freeway. He asked that if the project goes forward, access roads should be reviewed carefully. City Council Minutes -8- 6/16/98 209 (11) Mr. Brutaco, 77 Plaza Cuesta, supported the proposed Ordinance, stating that a ' temporary suspension of processing development applications would not hurt anybody. (12) Dr. Lon Uso, 31302 Via Las Palmas, a dentist in the City for more than 20 years, noted that it was not his wish to stop property owners making a reasonable profit on their property but such profits should not be made at the expense of others. (13) Julia Jenner, 28691 Paseo Bahia, spoke in strong support of the proposed Ordinance and expressed concern that the Whispering Hills development might destroy the ridgelines. She noted her family had moved from the Las Ramblas area due to construction of the Ocean Point development and was concerned that the same scenario was repeating itself. (14) Lisa Hosinski, 28692 Paseo Bahia, noted her experiences when living in Calabasas and felt the same situation was developing in San Juan Capistrano with consideration being given to constructing another bridge across San Juan Creek. She noted that in Calabasas the situation had been prevented due to firefighting and crime considerations. She asked that the City consider the traffic and crime impact before allowing another bridge across San Juan Creek. (15) Anita Richards, 31902 Paseo Sagrado, spoke in support of the proposed Ordinance ' noting her opposition to the Whispering Hills development. She expressed concern that the proposed project as being presented by the developer was inappropriate and would contain multiple ridgeline crossings. (16) Dinah Meek, 28252 Paseo Andante, supported the proposed Ordinance and General Plan update. (17) Ernie Schneider, Hunsaker & Associates, 3 Hughes, Irvine, a member of the Building Industry Association, spoke in support of the General Plan update but opposed the proposed Ordinance. He noted that the City of San Juan Capistrano had well - regulated procedures. Any concerns on specific projects, such as Whispering Hills, could be addressed as part of the normal review process. (18) Nick Camarda, General Counsel, Building Industry Association, opposed the proposed Ordinance, noting that in order to adopt such an ordinance, there needed to be immediate threats to the health, safety and welfare of the residents. He felt that the concerns expressed did not appear to be an immediate threat. He noted also that such a suspension would force development into surrounding communities but traffic and other aspects of life in the City would still be impacted. (19) Tim Bolen, 31103 Rancho Viejo Road, spoke in opposition to the proposed ' Ordinance particularly since it would oppose a moratorium on only 8% of the land left to develop in the City. He noted that suspending development would cost the City Council Minutes -9- 6/16/98 210 City considerable in lost revenue and jobs. He stated strong support for the General Plan review and update. (20) Philip Schwartze, 31682 El Camino Real, felt the proposed Ordinance was unnecessary and counterproductive to the General Plan update process. He recommended the City issue a Request for Proposal and proceed with the update, including an EIR, traffic model and fiscal study. He further recommended that any project over 10 usable acres ready for entitlement be reviewed, which would include Whispering Hills and the Buchheim property; and, that any other properties be required to prepare a Specific Plan. (21) Mike Leonard, 21 Proza, Irvine, founder of a coalition of Homeowners Groups and Executive Director of a Non -Profit Organization that builds and renovates shelters for women and children, commended the involvement of citizens in the process. He explained that members of the building industry had contributed over $12,000,000 in in-kind donations to his organization and that they were apro-community industry. He opposed the proposed Ordinance but supported the General Plan update. (22) David Belardes, 31742 Via Belardes, spoke in support of the General Plan review, noting that the goal should be to make the City better for all. (23) Ken Salverson, 28391 Avenida LaMancha, spoke in support of the Interim Urgency Ordinance and General Plan update, stating that it was needed in order to take the time to assess the City's future direction. (24) Eva Crabbs, 31491 Via Santa Maria, supported both the Ordinance and the General Plan review, citing an inadequate infrastructure and overcrowded schools. She stated that she would like developers to voluntarily join the suspension of applications to allow a pause in development. She noted that economic and personal safety was at stake and the whole permit process should be examined. (25) David Constand, 842 W. Las Palmas, Fullerton, told the City Council that he hoped to become a resident of San Juan Capistrano in the future because of its uniqueness. The City's decision not to build on ridgelines was history -making for the State of California. He asked that the Council take a long, slow look at the future and commended them for the magnificent job done to date. (26) Ed Richards, 31902 Paseo Sagrada, spoke in support of the proposed Ordinance, noting overcrowded schools and clogged streets. He urged the Council to vote for the suspension. There being no further response, the Public Hearing was declared closed. City Council Minutes -lo- 6/16/98 211 RECESS AND RECONVENE Council recessed at 8:45 p.m. and reconvened at 8:52 p.m. Council Comments: Council Member Campbell addressed the Whispering Hills project, noting that it was at the very beginning stages, an Environmental Impact Report had not been prepared and Council had not seen it. She stated that the City Council had never let people down and there was no need to panic over rumors. She pointed out that the General Plan has worked and developers know what the expectations are to build in the City; further, the City Council plans to keep the character of the City, which is the result of the vision of the current General Plan She did agree, though, that there was a need for an update of the General Plan at this time. She emphasized that the City Council cares about the City as much as its residents do. The City Manager provided a status of the Whispering Hills development, noting that it was just beginning the formal review process. Statements made by the developer represented his interest, not that of the City. He indicated that the proposed Ordinance was not about Whispering Hills, but rather about a General Plan update. The Ordinance would stop large development from continuing processing to assure that the update does not result in inconsistencies with development being processed, and further to assure that developers do not go ahead with development that may not be supported; i.e., certain road connections. ' Council Member Greiner said that he understood the emotions of the homeowners and stressed that City Council Members live in the City and have the same concerns as other residents. The General Plan had served the City well, but was now in need of updating. He also pointed out that the building industry was not the enemy and had a job to do. He addressed concerns relating to the Whispering Hills development, noting that the developer's representations were not necessarily what would ultimately happen; i.e., road connections and a golf course. He assured everyone that the City Council would maintain the historic nature of the City and protect its ridge lines. Council Member Swerdlin concurred with Council Members Campbell and Greiner and noted that, despite being born and raised in Honolulu, Hawaii, he would always choose to reside in San Juan Capistrano. Because of the City's General Plan, there had been very controlled growth and the small town feel had been maintained. He noted, too, that the growth of surrounding communities had greatly impacted the City. Although he agreed that the General Plan needed to be updated, he expressed concern at the expense of hiring consultants from reserve funds when those funds should be accumulating for the next downturn of the economy. He expressed concern for the balance of property rights. He also expressed concern at the fiscal impact to the City if the proposed Ordinance remains in place for too long. He requested staff provide what type of options are available as far as the Ordinance is concerned and when it might no longer be justified in terms of updating the General Plan. He noted that there were many prior entitlements that had been waiting for a ' better economy and were now being built. City Council Minutes -11- 6/16/98 212 Council Member Hart stated that he was in favor of a delay in development, noting that the Ordinance would be effective only 45 days unless extended. He felt he needed insight to help balance the rights of all and needed updated information in order to make decisions. The General Plan needed to be updated to address the current conditions; i.e., when the General Plan written in 1974, the City was surrounded by farmland. Now, it was surrounded by communities twice the size of San Juan Capistrano, and those communities have significant impacts on traffic circulation and the social structure of the City. Mayor Jones noted that his colleagues had eloquently expressed his feelings and he would support the staff recommendation. He encouraged staff to bring back facts about the costs of the review of the General Plan and assured those in attendance that the City Council cared about the community and such a review would be positive for the community. Council Member Swerdlin asked about the timing of the suspension. Mr. Scarborough, City Manager, advised that staff would come back to the City Council in 45 days. At that time, the Council could decide whether to extend the Ordinance. Staff would provide costs for the update, the impact on current City priorities and the scope of study for the consultants. Adoption of Interim Urgency Ordinance The City Clerk read the title of the Interim Urgency Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Campbell, seconded by Council Member Hart that the following Interim Urgence Ordinance be introduced: -- URGENCY ORDINANCE NO. 817, SUSPENDING THE PROCESSING OF CERTAIN DEVELOPMENT APPLICATIONS TO CONDUCT A REVIEW AND UPDATE OF THE GENERAL PLAN - AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA SUSPENDING THE PROCESSING OF CERTAIN DEVELOPMENT APPLICATIONS IN ORDER TO CONDUCT A COMPREHENSIVE REVIEW AND UPDATE OF THE CITY'S ADOPTED GENERAL PLAN AND THE NEED TO INSURE THAT DEVELOPMENT APPLICATIONS ON LARGE VACANT PARCELS ARE NOT CONSIDERED DURING THIS INTERIM PERIOD TO INSURE LONG- TERM LAND USE OPTIONS REMAIN AVAILABLE TO CREATE, MAINTAIN AND SUSTAIN A BALANCED AND VIABLE COMMUNITY BASED UPON THE FINDINGS THAT SUCH INTERIM REGULATIONS ARE NECESSARY TO PROTECT THE PUBLIC'S HEALTH, SAFETY AND WELFARE The motion carred by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and MayorJones NOES: None ABSENT: None City Council Minutes -12- 6/16/98 213 2. APPROVAL OF AUTHORIZATION TO ASSESS CHARGES, CITY LANDSCAPE MAINTENANCE DISTRICTS (TRACTS 9284, 9382, 8485, 7673, 9373/7654 AND CAPISTRANO ROYALE (3L 45.20) Proposal: Consideration of proposed annual assessments for the subject City Landscape Maintenance Districts. Written Communication: Report dated June 16, 1998 from the Director of Public Works advising that a public meeting had been held on May 4, 1998 to receive comments regarding the proposed assessments, which will remain at the same level as last year. The Report advised that increased assessments would be needed for 1999-2000 to cover anticipated district costs over the next five years and with the passage of Proposition 218, those assessments would have to be approved by property owners. Amy Amirani, Director of Public Works, made an oral presentation noting that some homeowners had requested an increase in charges so that the level of service could be increased. Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing. There ' being no response, he declared the Public Hearing closed. Resolution Confirming Costs: It was moved by Council Member Campbell, seconded by Council Member Swerdlin that the following Resolution be adopted confirming the following budgets for the six Landscape Maintenance Districts and authorizing the County Assessor's Office to include the charges on the Property Tax Roll: $ 557 per home $ 360 per home $ 290 per home $ 200 per home $ 80 per home $1,110 per home - Tract 9284 (Seaview) - Tract 9382 (Belford Terrace) - Tract 8485 (Mission Springs) - Tract 7673 (Mission Woods) - Tract 9373/7654 (Los Corrales) - Capistrano Royale RESOLUTION NO 98-6-16-3 CONFIRMING COST REPORT - 1998 LANDSCAPE MAINTENANCE DISTRICTS (TRACTS 9284, 9382, 8485, 7673 9373/7654 AND CAPISTRANO ROYALE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CONFIRMING THE COST REPORT FOR 1998 LANDSCAPE MAINTENANCE DISTRICTS CHARGES IN THE CITY OF ' SAN JUAN CAPISTRANO (TRACTS 9284, 9382, 8485, 7673, 9373/7654 AND CAPISTRANO ROYALE) City Council Minutes -13- 6/16/98 214 The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None REVIEW OF FISCAL YEAR 1998-1999 OPERATING BUDGET (330.20) Proposal: Public Hearing to receive public input and continue discussions regarding the Fiscal Year 1998-99 Operating Budget. Written Communication: Report dated June 16, 1998 from the Administrative Services Director advising that City wide revenues for Fiscal Year 1998-99 were expected to increase by $221,000 or 1.89%. The largest single increase in General Fund revenue was from sales tax. Those revenues are expected to increase by 8.1%. Other general revenues anticipated to increase are derived from property taxes, franchise fees, business license tax and motor vehicle licensing fees. The Report noted that the largest expenditure increase is in the area of Police Services, based on cost increases to the City's existing contract and projected costs associated with Sheriff's department personnel negotiations for Fiscal Year 1998-99. Cynthia Pendleton gave an oral presentation. Continuation of Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing and, there being no response, it was moved by Council Member Campbell, seconded by Council Member Hart and unanimously carried that the Public Hearing regarding the Fiscal Year 1998-99 Operating Budget be continued to the Public Hearing of July 7, 1998. REVIEW OF CITY SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM. 1998-2005 (330.40) Proposal: Public Hearing to consider the 1998-2005 Capital Improvement Program, take testimony and continue discussions to the Public Hearing of July 7, 1998. Written Communication: Report dated June 16, 1998 from the Director of Engineering and Building summarizing the seven-year program and highlighting a few of the projects included for 1998-99 CIP that are of special interest or concern in the community, including the Tennis Courts at La Novia and San Juan Creek Road, the Paseo Adelanto extension, the Downtown Lighting project, Ortega City Council Minutes 14- 6/16/98 215 Noise mitigation, Sports Park Community Center and Gymnasium and Northwest Open ' Space Phase 1. William Huber, Director of Engineering and Building, made an oral presentation in which he noted that the seven-year program is a long-range planning tool for the City. He advised that the entire program consisted of 238 different projects with a total cost of $45,000,000. The 1998-99 portion consisted of 70 projects for a total cost of $14,000,000. Council Questions: Council Member Swerdlin asked if the resurfacing of the tennis courts on Camino Capistrano had been considered. Mr. Scarborough, City Manager, responded that staff would provide a written update on that issue prior to the July 7, 1998 Council meeting. Continuation of Public Hearine: Notice having been given as required by law, Mayor Jones opened the Public Hearing and, there being no response, it was moved by Council Member Hart, seconded by Council Member Greiner and unanimously carried that the Public Hearing be continued to the meeting of July 7, 1998. ITEM HEARD OUT OF ORDER Mayor Jones advised that the following item would be heard out of Agenda order: I ADMINISTRATIVE ITEMS ENGINEERING AND BUILDING DIRECTOR APPROVAL OF REQUEST FOR WAIVER OF FEES FOR STONERIDGE HOMEOWNERS ASSOCIATION LANDSLIDE REPAIR (390.30) Written Communication: Report dated June 16, 1998 from the Director of Engineering and Building recommending that the City approve a fee waiver from the City's normal fixed fee schedule to allow homeowners to pay only the actual cost to the City to perform the grading plan checking and grading inspection, together with any out-of-pocket expenses for outside Geotechnical consultants, not to exceed the established fee schedules. A significant slope failure had occurred approximately two years ago within the Stoneridge development, involving the rear yards of five homes. The homeowners were in the process of developing a grading plan with the intention of undertaking remedial grading within the next few months. The estimated cost of the grading is $2,000,000 with total costs to be borne by the homeowners. As a result of these costs, the homeowners had asked that the City waive all fees associated with the grading plan checking and the inspections. ' Mr. Huber made an oral presentation, noting that staff had reviewed past practices and had found two cases where structures were involved and persons had been displaced. In those City Council Minutes -15- 6/16/98 216 cases fees had been waived, except for out-of-pocket costs. In a prior case where a structure was not damaged, a modified fee structure to pay City costs was imposed. The staff recommendation was consistent with past practices. Motion to Approve Fee Waiver: It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and carried unanimously, to approve a fee waiver from the City's normal fixed fee schedule such that homeowners pay only the actual cost to the City to perform the grading plan checking and grading inspection, together with any out-of-pocket costs for outside Geotechnical consultants, not to exceed the established fee schedule. RECESS AND RECONVENE Council recessed at 9:40 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and Capistrano Valley Water District and reconvened at 9:50 p.m. ADMINISTRATIVE ITEMS (Cont.) CITY MANAGER RECEIVE COMMUNITY ORGANIZATIONS FUNDING REQUESTS AND SELECTION OF COUNCIL SUBCOMMITTEE FOR COMMUNITY GRANT FUNDS (330.20) Written Communication: Report dated June 16, 1998 from the Assistant City Manager, summarizing the funding requests received from Community Organizations for Fiscal Year 1998-99. The proposed budget for Fiscal Year 1998-99 reflected an allocation of $47,000 to assist community organizations. Staff noted that any allocation of funds in excess of that amount would necessitate a re -prioritization of other programs and activities. The Report recommended that a subcommittee be designated to work with staff on funding recommendations. Jennifer Murray, Assistant City Manager, provided an oral presentation. Public Comments: (1) Melba Jones, representing the Storytelling Festival, spoke in support of their request funds to provide the Festival Tent. (2) Linda Hunter, representing CSP Youth Center, spoke in support of their request and thanked the City for its support in prior years. (3) Dan Hicks, representing SOC Communities Service Council, spoke in support of their request and advised that the organization provided information and referrals for human services. City Council Minutes -16- 6/16/98 217 Nomination of Subcommittee It was moved by Council Member Swerdlin, seconded by Council Member Campbell, and carried unanimously, that Council Members Hart and Swerdlin be selected to serve as the subcommittee to review requests and make recommendations. 2. APPROVAL OF FIFTH AMENDMENT TO LAW ENFORCEMENT SERVICES CONTRACT (600.50) Written Communication: Report dated June 16, 1998 from the City Manager advising that the proposed Fifth Amendment to the 5 -year Law Enforcement Services Agreement between the City and the County of Orange provided for continuation of Sheriff services to the City during Fiscal Year 1998-99. The Agreement described the quantities of patrol/traffic services, investigation services, supervision, administrative and support services, commercial vehicle inspection and enforcement, community-based policing, motorcycle enforcement and parking control that would be provided during the next fiscal year. The proposed contract did not include staffing or service level increases. The cost increase was 6.09%, due largely to negotiated increases in salary and benefits and an overall increase in operating costs. George Scarborough, City Manager, made an oral presentation. In response to Council Member Greiner, he advised staff would provide a comparison of the percentages of budget funding and per capita spending versus crime rates in other cities. ' Approval of Five -Year Law Enforcement Services Agreement: It was moved by Council Member Campbell, seconded by Council Member Hart, and carried unanimously that the Fifth Amendment to the Law Enforcement Services Agreement in the amount of $3,434,340 be approved. APPROVAL OF SELECTION OF PROVIDER FOR EMERGENCY MEDICAL TRANSPORTATION AND RELATED SERVICES (MEDIX AMBULANCE SERVICE, INC.) (600.3 Written Communications: (1) Report dated June 16, 1998 from the Assistant City Manager advising that on February 3, 1998, the City Council approved the establishment of an Advanced Life Support rate for the City, approved the Orange County Fire Authority to issue a Request for Proposal for ambulance services in the City and directed the Fire Authority to return with recommendations for contract selection for an emergency medical transportation provider. The selection process was now completed and staff recommended that a contract be awarded to Medix Ambulance Service to provide emergency medical transportation and related services to the City. (2) Letter dated June 12, 1998 from Michael J. Dimas, President, Medix Ambulance ' Service expressing pride and honor at having been able to serve the City of San Juan Capistrano and requesting that Medix again be selected. City Council Minutes -17- 6/16/98 218 Jennifer Murray, Assistant City Manager, made an oral presentation in which she noted that a numeric rating of the proposals received Medix and Doctor's Ambulance Service, had been reviewed and both were very good. Although the Fire Authority had recommended Doctor's Ambulance Services, staff recommended Medix because they had provided good service to the City since 1986, and had been involved in the life of the City. Public Comments: Joanna Dimas, owner of Medix, told the City Council that they were happy to serve the City of San Juan Capistrano and would continue to support the community. Selection of Provider for Emergency Medical Transportation: It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and carried unanimously, that Medix Ambulance Service, Inc. be selected to provide emergency medical transportation and related services in San Juan Capistrano for a three-year term ending on June 30, 2001, with an option to extend for up to thee years upon compliance with certain conditions and that the City Manager be authorized to execute the agreement for services. ENGINEERING AND BUILDING DIRECTOR (CONTINUEDI 2. APPROVAL OF RESOLUTION ACCEPTING GRANT DEED FOR STREET RIGHT-OF-WAY FROM THE COMMUNITY REDEVELOPMENT AGENCY FOR THE EXTENSION OF PASEO ADELANTO FROM DEL OBISPO STREET TO RAMOS STREET (670.50) Citing a potential conflict of interest relating to the proximity of his business/residence to this item, Mayor Jones advised he would abstain on this item. Written Communication: (1) Report dated June 16, 1998 from the Director of Engineering and Building, advising that Paseo Adelanto has been designed to be constructed from Del Obispo Street to Ramos Street. The street will cross four parcels owned by the Agency. The Report recommended offering street right-of-way to the City so that on completion of construction, Paseo Adelanto would be a public street. (2) Memorandum dated June 9, 1998, from the Engineering and Building director, advising that rather than offering an easement to the City, the property would be deeded to the City. Mr. Huber, Director of Engineering and Building, made an oral presentation. Adoption of Resolution: It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the following Resolution accepting Grant Deeds for street right-of-way from the Community Redevelopment Agency be adopted; authorizing the Mayor pro tem to accept the Grant City Council Minutes -18- 6/16/98 219 Deeds on behalf of the City and authorizing the City Clerk to forward the documents for recordation be approved: RESOLUTION NO. 98-6-16-4 ACCEPTING GRANT DEEDS FOR STREET RIGHT-OF-WAY - PASEO ADELANTO EXTENSION, DEL OBISPO STREET TO RAMOS STREET - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ACCEPTING GRANT DEEDS FROM THE COMMUNITY REDEVELOPMENT AGENCY FOR STREET RIGHT-OF-WAY FOR THE EXTENSION OF PASEO ADELANTO FROM DEL OBISPO STREET TO RAMOS STREET The motion carried by the following vote: AYES: Council Members Swerdlin, Hart, Campbell and Mayor pro tem Greiner NOES: None ABSTAIN: Mayor Jones ABSENT: None COMMUNITY SERVICES DIRECTOR ' 1. APPROVAL OF BUDGET REQUEST PROPOSAL - CHOICES FOR LIFE AFTER SCHOOL PROGRAM MARCO FORSTER MIDDLE SCHOOL (330.20) Written Communication: Report dated June 16, 1998 from the Community Services Director advising that, as a result of the San Juan Community Task Force Youth Forum, a youth steering committee, comprised of members of the business community, school district, Sheriff's Department, service organizations and City staff, has been meeting to develop strategies and conduct program assessments for better meeting the need of the community's youth. A major concern was the lack of transportation for youth to access existing programs and services within the community. The steering committee identified that the grant -funded Choices for Life program, held after school at Marco Forster Middle School, could expand if additional transportation and staff were available. Under a proposed partnership with the School District, the School District would fund staff costs for two teachers and adjust their transportation schedule to make available an additional late bus. The City would fund staffing costs for three recreational leaders and the operating expenses for the bus. Mr. King made an oral presentation, noting that it was a high priority for the City to enter into a partnership relationship with the schools. He worked closely with Jim Seeger, ' Principal at Marco Forster Middle School, for taking this idea to the Capistrano Valley School District Board of Trustees. City Council Minutes -19- 6/16/98 220 Public Comment: (1) Judith Brass, Chairman of the Youth Steering Committee, advised that eleven members of that Committee were present at the meeting in support of this application. She noted that they were all committed to the youth of the community and urged approval of this proposal. Approval of Budget Request: It was moved by Council Member Greiner, seconded by Council Member Swerdlin, and carried unanimously, to approve an addition of $12,119 to the Community Services Fiscal Year 1998-99 budget to expand transportation and staffing components. 2. APPROVAL OF COMMUNITY SERVICES DEPARTMENT FISCAL YEAR 1998-99 SUPPLEMENTAL BUDGET REQUEST FOR NEW PROGRAM EXPANSION (330.20) Written Communication: Report dated June 16, 1998 from the Community Services Director advising that, during the development of the Fiscal Year 1998-99 budget request, the department had identified two new programming areas for Council's consideration, as well as a recommendation to discontinue an existing program. One new program proposed was a Senior Citizens Dinner Dance for the 50+ age group. This event would be a partnership between the City, local nonprofit organizations, service providers who specialize in senior program services and the private sector. Sponsorship donations, fundraising contributions and ticket sales to the event would offset the projected cost. Members of the senior community have expressed great interest in this new program, which would be conducted in the new Community Hall at the City's Community Center. The second program proposed an Early Childhood Development program component, in response to requests from parents of preschool -age children. The department recommended that costs for these programs be recovered fully through participant fees. The Report further recommended that the Equipment Loan program be discontinued upon opening of the new Community Center due to its competitiveness with the private sector. Council Member Swerdlin stated that he would like to review the early childhood development programs in three months to determine if they impact the private sector. Mr. King advised that there was no intention to duplicate or compete with programs in the private sector. Approval of Supplement Budget Request: It was moved by Council Member Campbell, seconded by Council Member Hart, and carried unanimously, that the Senior Citizen Dinner Dance at a cost of $3,407 and the Early Childhood Development Program at a cost of $9,538 be authorized in the Fiscal Year 1998- 99 budget and that the equipment loan program be discontinued with the completion and opening of the Community Center. The Early Childhood Development Program was to be reviewed in three months for potential impact on private businesses. City Council Minutes -20- 6/16/98 221 CITY ATTORNEY ' I. APPROVAL OF AMENDMENT TO TITLE 8 CHAPTER 12 OF THE MUNICIPAL CODE RELATING TO PROPERTY MAINTENANCE AND DILAPIDATED SIGNS (450.30) Written Communication: Report dated June 16, 1998 from the City Attorney recommending the introduction of an ordinance amending Municipal Code subsection 8-12.05(b) for the purpose of making it clear that a property owner and/or lessee may not allow signs on the property to fall into a state of disrepair. Mr. Shaw, City Attorney, advised that this was a clean-up item for the Municipal Code to give the City additional Code enforcement leverage regarding signs. Introduction 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 Council Member Swerdlin, seconded by Council Member Hart, that the following Ordinance be introduced: AMENDING TITLE 8. CHAPTER 12 OF THE MUNICIPAL CODE - PROPERTY MAINTENANCE AND DILAPIDATED SIGNS - AN ' ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SUBSECTION 8-12.05(b) OF CHAPTER 12, "PROPERTY MAINTENANCE," OF TITLE 8, "BUILDING REGULATIONS" OF THE MUNICIPAL CODE RELATING TO PROPERTY MAINTENANCE AND DILAPIDATED SIGNS The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None ADMINISTRATIVE SERVICES DIRECTOR ADOPTION OF RESOLUTION AWARDING CITY OF SAN JUAN CAPISTRANO SERIES "A" OF 1998 GENERAL OBLIGATION REFUNDING BONDS (OPEN SPACE PROGRAM) (340.20) Written Communication: ' Report dated June 16, 1998 from the Administrative Services Director advising that on May 19, 1998, the City Council had authorized the issuance of City of San Juan Capistrano City Council Minutes -21- 6/16/98 222 Series "A' of 1998 General Obligation Refunding Bonds (Open Space Program) in the amount not to exceed $18,500,000 for park, agricultural, open space and related uses. Due to the interim urgency ordinance to restrict certain building development applications within the City, the bond counsel had recommended the sale be suspended to June 16, 1998, and the information disclosed to underwriters. Cynthia Pendleton, Administrative Services Director, gave an oral presentation advising that an anticipated $1,000,000 in savings had been projected. As a result of the bid opening, the savings would be $2,700,000, or $7.75 per year to each homeowner. The successful bidder was Paine Webber in the amount of $18,155,000. Adoption of Resolution: It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the following Resolution awarding the bonds to Paine Webber in the amount of $18,155,000 be approved: RESOLUTION NO. 98-6-16-5, AWARDING SERIES A OF 1998 GENERAL OBLIGATION REFUNDING BONDS (OPEN SPACE PROGRAM) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA AWARDING SERIES A OF 1998 GENERAL OBLIGATION REFUNDING BONDS (OPEN SPACE PROGRAM) IN THE PRINCIPAL AMOUNT OF $18,155,000 TO PAINE WEBBER AND REJECTING ALL OTHER BIDS AND RATIFYING ALL -- ACTIONS OF THE STAFF HERETOFORE TAKEN (PAINE WEBBER, INC.) The motion carried by the following vote: AYES: Council Member Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None ORDINANCES 1. APPROVAL OF REZONE 97-9 (WESELOH CHEVROLET/HONDA) 460.20) ADOPTION) Written Communication: Report dated June 16, 1998 from the City Clerk advising that the Ordinance was introduced at the meeting of June 2, 1998 and was scheduled for adoption. City Council Minutes -22- 6/16/98 223 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 Council Member Hart, seconded by Council Member Swerdlin, that the following Ordinance be adopted: ORDINANCE NO. 818 APPROVING REZONE 97-9 - WESELOH CHEVROLET/HONDA- AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING REZONE 97-9 TO CHANGE THE CURRENT ZONING DESIGNATION ON PROPERTY KNOWN AS ASSESSOR'S PARCEL NUMBERS 121-240-19,121-240-74 AND 121- 254-41 FROM PLANNED DEVELOPMENT (PD) TO COMMERCIAL MANUFACTURING (CM) AND AMENDING THE CITY'S OFFICIAL ZONING MAP TO REFLECT THE CHANGE (WESELOH CHEVROLET/ HONDA - NORTHWEST CORNER OF CAMINO CAPISTRANO AND STONEHILL DRIVE) The motion carried by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSENT: None ' 2. APPROVAL OF REZONE 96-5 AND ADOPTING SPECIFIC PLAN 97-1(RESCO DEVELOPMENT/SHURGARD STORAGE/SCHAUWECKER) (460.20) (ADOPTION) Written Communication: Report dated June 16, 1998 from the City Clerk advising that the Ordinance was introduced at the meeting of June 2, 1998 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 Council Member Hart, seconded by Council Member Greiner, that the following Ordinance be adopted: ORDINANCE NO. 819 APPROVING REZONE 96-5 AND ADOPTING SPECIFIC PLAN 97-1 (RESCO DEVELOPMENT/SHURGARD STORAGE/SCHAUWECKER) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING REZONE 96-5 AND ADOPTING SPECIFIC PLAN 97-1 FOR A 92,165 -SQUARE -FOOT SELF -STORAGE FACILITY TO BE LOCATED ON A 2.435 -ACRE PARCEL OF LAND AT 32731 SAN JUAN CREEK ROAD (RESCO ' DEVELOPMENT/SHURGARD STORAGE/SCHAUWECKER) The motion carried by the following vote: City Council Minutes -23- 6/16/98 224 AYES: Council Members Greiner, Hart and Mayor Jones NOES: Council Members Campbell and Swerdlin ABSENT: None COUNCILMANIC ITEMS Additional Item: APPROVAL OF REVISIONS TO CALTRANS COOPERATIVE FUNDING AGREEMENT 12-322 -ORTEGA HIGHWAY I-5 TO RANCHO VIEJO ROAD (600.50 ) Written Communication: Report dated June 11, 1998 from the Director of Engineering and Building advising that Caltrans had asked for several changes to the Cooperative Funding Agreement for the widening of Ortega Highway between I-5 and Rancho Viejo Road, which had been approved by the City Council on April 21, 1998. The financing revisions would not affect the total cost to the City of $569,800. The revisions need to be approved prior to July 1, 1998 or Caltrans would lose their funding. This is a significant project to the City and staff requested that the City Council add this item to the June 16, 1998 Agenda by a four-fifths vote and that the Council approve the revised Agreement. Motion to A¢endize: It was moved by Council Member Campbell, seconded by Council Member Greiner, and unanimously carried that this item had not been available prior to publication of the agenda and consideration was necessary at this time. Approval of Revisions: It was moved by Council Member Greiner, seconded by Council Member Campbell, and unanimously carried, that the revisions to the Caltrans Cooperative Funding Agreement be approved as recommended. ORAL REPORTS OF OUTSIDE AGENCIES a. San Joaquin Hills Transportation Corridor (800.50) Council Member Campbell noted that additional landscaping allocated to San Juan Capistrano would be planted soon. City Council Minutes -24- 6/16/98 225 b. San Juan Basin Authority (1050.60) Mayor Jones noted that a meeting had been held this date with discussions of permits. He advised that the Capistrano Beach Water District was on board and things were going well. C. League of California Cities (140.20) Council Member Greiner advised that there had been a meeting on June 11 at which Vehicle License fees had been discussed. d. Library Advisory Board (950.20) Council Member Greiner noted that discussion had been held regarding the concept of an additional $100 per unit development fee for newly -constructed homes to support new libraries in areas where they were needed or to provide equipment/books/staff at existing libraries. He suggested future Council consideration. e. Orange County Waste Management Commission (810.10) Council Member Greiner noted that there had been discussions regarding a new ' location for the South Orange County Household Hazardous Waste facility. f. Orange County Vector Control District (560.50) Council Member Swerdlin advised that a discussion would be held regarding a proposal to withdraw from the Africanized Honeybee Response Team in order to fund four technician positions. The vector of the month was the mosquito. COUNCIL COMMENTS SUSPENSION OF CERTAIN DEVELOPMENT APPLICATIONS (440.25) Council Member Campbell requested that staff proceed as quickly as possible on this matter; Council Member Swerdlin concurred. 2. LAST MINUTE INFORMATION (610.30) Council Member Campbell expressed concern that last-minute information and documents submitted to the Council could not be properly reviewed and requested consideration of a policy that items not submitted within a reasonable time frame would not be considered as part of the record. Mr. Scarborough, City Manager, advised that such a policy would be ' considered. Council Member Hart expressed his agreement also. City Council Minutes -25- 6/16/98 226 SWALLOWS (500.3 0) Council Member Campbell noted that swallows had built a nest at her new residence and the nest was now being used by other birds. 4. SAN JUAN SUMMER NIGHTS (,150.60) Mayor Jones invited attendance at the first San Juan Summer Nights concert to be held at Town Center Park on Wednesday, June 17, 1998. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:40 p.m. to the next regular meeting date of Tuesday, July 7, 1998, at 5:30 p.m., in the City Council Chambers. Respectfully submitted, -- CHERYL JOtMSOW, CITY CLERK ATTEST: I, JONES. MA` City Council Minutes -26- 6/16/98