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95-0103_CC_Minutes_Regular Meeting001 ' JANUARY 3, 1995 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 Nash at 7:07 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Jim Tracy of the Capistrano Church of the Nazarene. ROLL CALL: PRESENT: Carolyn Nash, Mayor Collene Campbell, Council Member Wyatt Hart, Council Member Gil Jones, Council Member David Swerdlin, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M. ' Huber, Director of Engineering and Building Services; Thomas Tomlinson, Director of Planning Services; Lt. Paul Sullivan, Chief of Police Services; Nancy Bernardi, Recording Secretary. MOTION TO READ BY TITLE ONLY It was moved by Council Member Jones, seconded by Council Member Hart, and unanimously carried that all Ordinances be read by title only. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENC3I None. INTRODUCTION OF COMMISSIONERS (110.10) Council Member Campbell 1vIxqmxXAlthintroduced the following Commission representatives in attendance: Mike Rosenberger and Bill Sonka (Transportation Commission), Mary Rose Winkler (Mobile Home Park Review Committee), John Greiner (Planning Commission), David Belardes (Cultural Heritage Commission). CONSENT CALENDAR It was moved by Council Member Jones, seconded by Council Member Campbell, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: *Amended by Council 2/7/95 City Council Minutes -1- 1/3/95 002 AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None 1. APPROVAL OF CITY COUNCIL MINUTES a. Regular Meeting of November 15. 1994 The Minutes of the Regular Meeting of November 15, 1994, were approved as submitted. Council Members Hart and Swerdlin abstained. b. Regular Meeting of December 6, 1994 The Minutes of the Regular Meeting of December 6, 1994, were approved as submitted. Council Members Hart and Swerdlin abstained. 2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES a. Regular Meeting of November 15. 1994 The Minutes of the Regular Meeting of November 15, 1994, were approved as submitted. Directors Hart and Swerdlin abstained. b. Regular Meeting of December 6. 1994 The Minutes of the Regular Meeting of December 6, 1994, were approved as submitted. Directors Hart and Swerdlin abstained. 3. RECEIVE AND FILE WARRANTS OF NOVEMBER 28 AND DECEMBER 8- 1994 ,300.301 The List of Demands dated November 28, 1994, in the total amount of $392,621.46 and the List of Demands dated December 8, 1994, in the total amount of $101,840.30 were received and filed. 4. RECEIVE AND FILE CITY TREASURER'S REPORT OF INVESTMENTS AS OF NOVEMBER 1994 (350.30) The City Treasurer's Report of Investments as of November 30, 1994, in the total amount of $13,901,101.86 was received and filed. City Council Minutes -2- 1/3/95 003 Recess to Closed Session: The Council recessed to a Closed Session at 7:11 p.m. for a Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(b), for significant exposure to litigation in this matter. Council Member Jones advised that he would attend the Closed Session for his information only but would not participate. The Board reconvened at 8:15 p.m. Mr. Denhalter noted that Council Member Jones had a potential conflict of interest in this matter and would not participate because of the proximity of his residence/business to the subject site and because he had business dealings with the proposed lessee. Proposal: Consideration of a request by Trackside Dining, Inc. to assign its existing lease with the Community Redevelopment Agency to Rancho Capistrano Limited Partnership, beginning February 1, 1995, for the operation of a Rancho Capistrano style restaurant. Proposed terms ' included: an initial 5 -year lease with two 5 -year options; a minimum monthly rent for the first five years of $3,500 against 6% of the gross revenues; reimbursement by the CRA to the Lessor for up to $100,000 in tenant improvement costs, financed from the monthly rental income exceeding the minimum rent of $3,500; commencement of rent on February 1, 1995, or upon the opening of the restaurant, whichever occurred first; and, assumption of full liability and responsibility for the site by Rancho Capistrano Limited Partnership upon execution of the First Amendment. The proposed Settlement Agreement between Trackside Dining and the Community Redevelopment Agency would release both parties from any existing and future claims. The Agency would pay Trackside Dining $50,000 and waive any obligation for payment of past -due rent totaling approximately $25,000. Written Communications: (1) Report dated January 3, 1995, from Cassandra Walker, Community Development Manager, recommending that the proposed First Amendment to the Depot Lease Agreement with assignment to Rancho Capistrano Limited Partnership, and the Settlement Agreement with Trackside Dining, Inc., be approved. (2) Memorandum dated January 3, 1995, from the City Clerk, forwarding a petition submitted by Ann Williams -Utter requesting that the Golden Eagles be allowed to continue playing their Dixieland music at the Depot on weekends under the new management. ' Cassandra Walker, Community Development Manager, made an oral presentation. City Council Minutes -3- 1/3/95 PUBLIC HEARINGS ' I. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY - FIRST AMENDMENT TO THE DEPOT LEASE AGREEMENT WITH ASSIGNMENT TO RANCHO CAPISTRANO LIMITED PARTNERSHIP AND SETTLEMENT AGREEMENT WITH TRACKSIDE DINING_ INC. (CAPISTRANO DEPOT_ 26701 VERDUGO STREET) Goo, ib) Recess to Closed Session: The Council recessed to a Closed Session at 7:11 p.m. for a Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(b), for significant exposure to litigation in this matter. Council Member Jones advised that he would attend the Closed Session for his information only but would not participate. The Board reconvened at 8:15 p.m. Mr. Denhalter noted that Council Member Jones had a potential conflict of interest in this matter and would not participate because of the proximity of his residence/business to the subject site and because he had business dealings with the proposed lessee. Proposal: Consideration of a request by Trackside Dining, Inc. to assign its existing lease with the Community Redevelopment Agency to Rancho Capistrano Limited Partnership, beginning February 1, 1995, for the operation of a Rancho Capistrano style restaurant. Proposed terms ' included: an initial 5 -year lease with two 5 -year options; a minimum monthly rent for the first five years of $3,500 against 6% of the gross revenues; reimbursement by the CRA to the Lessor for up to $100,000 in tenant improvement costs, financed from the monthly rental income exceeding the minimum rent of $3,500; commencement of rent on February 1, 1995, or upon the opening of the restaurant, whichever occurred first; and, assumption of full liability and responsibility for the site by Rancho Capistrano Limited Partnership upon execution of the First Amendment. The proposed Settlement Agreement between Trackside Dining and the Community Redevelopment Agency would release both parties from any existing and future claims. The Agency would pay Trackside Dining $50,000 and waive any obligation for payment of past -due rent totaling approximately $25,000. Written Communications: (1) Report dated January 3, 1995, from Cassandra Walker, Community Development Manager, recommending that the proposed First Amendment to the Depot Lease Agreement with assignment to Rancho Capistrano Limited Partnership, and the Settlement Agreement with Trackside Dining, Inc., be approved. (2) Memorandum dated January 3, 1995, from the City Clerk, forwarding a petition submitted by Ann Williams -Utter requesting that the Golden Eagles be allowed to continue playing their Dixieland music at the Depot on weekends under the new management. ' Cassandra Walker, Community Development Manager, made an oral presentation. City Council Minutes -3- 1/3/95 i Public Hearing: Notice having been given as required by law, Mayor Nash opened the Public Hearing, and the following persons responded: (1) Joe Campbell, representing Rancho Capistrano Limited Partnership, indicated he was present to answer any questions. (2) Ann Williams -Utter urged that the character of the Depot be retained under the new management and that the Golden Eagles band be allowed to continue playing their music on weekends. Mayor Nash suggested that Ms. Williams -Utter work with the City Manager and Rancho Capistrano Limited Partnership regarding her request. (3) Carlos Negrete, 27422 Calle Arroyo, spoke in opposition to the proposed lease terms, stating that the proposed rent was lower than prevailing market rates, that there were no audit controls in the lease, and that the Agency should not reimburse the lessor for up to $100,000 in tenant improvement costs. He inquired why the Agency did not call for public bids on this project. Ms. Walker explained that the proposed rent was competitive with the prevailing market rate at about $1.00 per square foot, resulting in a rent of approximately $8,000 per month. She added that audit controls had been included in the proposed lease agreement providing for the City's review of financial statements. She explained that the Agency did not have control of the lease and bids had not been solicited for this project since the proposal was for a transfer of the existing lease, as provided for in the original agreement with Trackside Dining, Inc. She stated that the Agency's proposed reimbursement for tenant improvements was standard and typical for new operators. Mr. Negrete felt that the Agency had no obligation to provide for tenant improvements and that there was no guarantee that the Agency would receive $8,000 in rent per month. He felt that public funds were being used for no public purpose in this project and urged that the proposed lease not be approved. (4) John Mione, 807 Calle Puente, San Clemente, noted his restaurant experience and stated that the proposed lease was very standard in the industry to obtain qualified tenants. There being no further input, the hearing was declared closed «ith the right to reopen at any time. Council Discussion: Council Member Swerdlin indicated that although he was not completely satisfied with the terms, he would support the lease as proposed. He felt that the City would receive an City Council Minutes 4- 1/3/95 excellent return and the new tenant would have an excellent facility. Although he had concerns with the Settlement Agreement, he indicated he would support it to ensure the continuity of the business and to avoid further delays. Council Member Hart indicated he was not opposed to the new lessee but objected to the City "being in the real estate business." He felt that the City had a poor record as a lessor in the past and opposed the micromanaging and subsidizing of competitive businesses in the community. He indicated his preference for selling the property. Mayor Nash spoke in support of the lease reassignment to Rancho Capistrano Limited Partnership. She felt that the proposed lease and Settlement Agreement were acceptable and would provide for a high-quality operation and provide additional revenue for the City and the tenant. She concurred with Council Member Hart's concerns regarding the City owning property but noted that the proposal was simply for a reassignment of the existing lease. She felt that this matter should be dealt with expeditiously to avoid the potential restaurant closure and to avoid further litigation by Trackside Dining, Inc. Adoption of Resolution Approving the First Amendment to the Depot Lease Agreement and Assignment to Rancho Capistrano Limited Partnership: It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the following Resolution be adopted: ' RESOLUTION NO. 95-1-3-1. APPROVING FIRST AMENDMENT TO THE LEASE AGREEMENT FOR THE CAPISTRANO DEPOT LOCATED AT 26701 VERDUGO STREET AND CONSENTING TO ASSIGNMENT OF LEASE TO RANCHO CAPISTRANO LIMITED PARTNERSHIP - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE LEASE OF CERTAIN PROPERTY WITH THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA AND CONSENTING TO ASSIGNMENT OF LEASE TO RANCHO CAPISTRANO LIMITED PARTNERSHIP (CAPISTRANO DEPOT) n The motion carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: Council Members Campbell, Swerdlin, and Mayor Nash Council Member Hart Council Member Jones None City Council Minutes -5- 1/3/95 006 Approval of Settlement Agreement with Trackside Dining Inc.: It was moved by Council Member Campbell, seconded by Council Member Swerdlin, that the Settlement Agreement with Trackside Dining, Inc. be approved. The motion was carried by a 3-1-1 vote, with Council Member Hart voting in opposition and Council Member Jones abstaining. RECESS AND RECONVENE Council recessed at 8:37 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:40 p.m. ADMINISTRATIVE ITEMS CITY MANAGER ESTABLISHMENT OF PARKING RESTRICTIONS (LOVE HOUSE MISSION TEXACO STATION. AND OLD PACIFIC BELL BUILDING) (570.30) Written Communication: Report dated January 3, 1995, from Douglas Dumhart, Management Analyst II, advising that train commuters were using parking spaces that would be the most accessible and convenient for downtown business patrons. The report recommended that a three-hour, parking -only, tow -away zone be established at the Love House parking lot located at the northwest corner of Yorba Street and El Camino Real for the convenience of business patrons, and that all -day parking be established in the parking lots located behind the old Pacific Bell building and the Texaco station for train commuter use. Adoption of Resolutions Establishing Parking Zones at the Parking_Lots at the Love House and Behind the Old Pacific Bell Building and the Texaco Station: It was moved by Council Member Jones, seconded by Council Member Swerdlin. that the following Resolutions be adopted: RESOLUTION NO 95-1-3-2. ESTABLISHING THREE-HOUR TINIE- LIMITED PARING TOW -AWAY ZONE - LOVE HOUSE PARKING LOT AT 31811 EL CAMINO REAL - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "THREE-HOUR PARKING ONLY, TOW -AWAY ZONE" IN THE ENTIRE LOVE HOUSE PARKING LOT AT THE NORTHWEST CORNER OF EL CAMINO REAL AND YORBA STREET (31811 EL CAMINO REAL) City Council Minutes -6- 1/3/95 007 RESOLUTION NO. 95-1-3-3. ESTABLISHING NO PARKING 3:00 A.M. ' TO 5:00 A.M. TOW -AWAY ZONE - MISSION TEXACO PARKING LOT AT 26874 ORTEGA HIGHWAY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING 3:00 A.M. TO 5:00 A.M. TOW -AWAY ZONE" IN THE MISSION TEXACO PARKING LOT AT 26874 ORTEGA HIGHWAY RESOLUTION NO, 95-1-3-4. ESTABLISHING NO PARKING 3:00 A.M. TO 5:00 A.M. TOW -AWAY ZONE - OLD PACIFIC BELL BUILDING PARKING LOT AT 31776 EL CAMINO REAL - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING 3:00 A.M. TO 5:00 A.M. TOW -AWAY ZONE" IN THE OLD PACIFIC BELL BUILDING PARKING LOT AT 31776 EL CAMINO REAL The motion carried by the following vote: AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ' ABSENT: None 2. CONSIDERATION OF COUNCIL POLICY REGARDING NIGHTTIME CONSTRUCTION ACTIVITIES (610.30) Written Communication: Report dated January 3, 1995, from Jennifer Murray, Assistant to the City Manager, recommending that a City Council Policy be adopted requiring nighttime construction on heavily travelled roads to eliminate or reduce daytime road closures or delays that would inconvenience travelers. The proposed policy would authorize the City Manager to waive requirements for nighttime construction work on a case-by-case basis. Jennifer Murrav'Assistant to the City Manager, requested that Spring Street be deleted from the proposed policy because of the close proximity of a motel to a construction site. Adoption of City Council Policy Re: Nighttime Construction Work: It was moved by Council Member Swerdlin, seconded by Council Member Campbell, and unanimously carried that City Council Policy regarding nighttime construction on heavily travelled streets be adopted with the deletion of Spring Street from the list, as requested by staff. City Council Minutes -7- 1/3/95 008 DIRECTOR OF PLANNING SERVICES RATIFICATION OF PLANNING DIRECTOR'S DETERMINATION TO REJECT AN APPEAL OF THE PLANNING COMMISSION'S ACTION - SIGN PROGRAM MODIFICATION FOR ARCHITECTURAL CONTROL 85-8 (BARWICK CHRYSLER JEEP/EAGLE. 33301 CAMINO CAPISTRANO) (410.60) Council Member Campbell noted that although her residence was located approximately 2,500 feet from the project she felt there would be no negative or positive financial impact on her property and that she would vote on this matter. Written Communication: Report dated January 3, 1995, from the Planning Director, recommending that an appeal filed by Dale Kirstine be rejected. The appeal was based on the height of the proposed monument sign located at the Barwick Chrysler Jeep/Eagle dealership located at 33301 Camino Capistrano exceeding that permitted by the Municipal Code. The proposed rejection of the appeal was based on the Planning Director's and the City Attorney's determination that the City Council's original approval of the monument sign's height exception on September 1, 1992, was still in effect and valid and was not subject to Planning Commission review. Mr. Tomlinson made an oral presentation. Public Comments: (1) Ted Stroscher, 31882 Del Obispo Street, spoke in support of the staff recommendation to reject the appeal. He urged the Council to be sensitive to the needs in the business community and suggested that the issue of signage be addressed more quickly and efficiently. He noted the importance of the City permitting identification for businesses in a controlled manner, particularly during these difficult economic times. (2) Roy Nunn, 31011 Paseo Valencia, indicated he was speaking as a resident and not a Planning Commissioner. He cited his belief that this community should have a balance of responsibility and authority and that any action of the Planning Commission should be appealable to the City Council. He felt that concerns had not been expressed at the Planning Commission meeting because there are no residents near the site to notify, however, he felt there was a lot of opposition to the sign. He agreed that projects should not be needlessly delayed for processing of applications but expressed concern that relaxing the City's requirements could result in poor signage. He believed that the exception, including its conditions, would run in perpetuity, requiring that both signs be removed as originally conditioned. He felt that the original approval was a mistake as it did not comply with the City's design guidelines and should be re -processed for public review. He indicated that he had been advised that once the subject signs were approved, the Saturn dealership would make a similar request. City Council Minutes -8- 1/3/95 009 (3) Al Parajeckas, 33375 Camino Capistrano, speaking on behalf of the applicant, urged that the appeal be rejected as recommended by staff. He stated that no public opposition to the project had been voiced during any of the City Council or Planning Commission public hearings. He noted that several members of the Business Task Force expressed their support for the project and that Roy Nunn was the only Planning Commissioner opposed to the signs. He stated that the applicant has complied with all City requirements and conditions placed on the project. He felt that the proposed signs were attractive and suitable for this location away from the downtown area. In response to Council Member Swerdlin, Mr. Tomlinson advised that the current proposal would require that the existing 60 -square -foot building -mounted sign be removed and replaced with a 30 -square -foot building -mounted, externally illuminated sign. The existing 30 -square -foot monument sign would be replaced with a 50 -square -foot monument sign. The total square footage for both signs would be reduced from 90 square feet to 80 square feet, which was consistent with Municipal Code requirements. Mayor Nash noted that the City's Sign Ordinance permits a maximum height of 6 feet for monument signs and felt that the City Council's approval of the height exception had been a mistake. She suggested that time limits be placed on exceptions in the future. She expressed concern that approving a 20 -foot -high monument sign would set a precedent that would be difficult to deny for future projects. She felt that although this project was not located in the ' downtown area, it should be consistent with other signs throughout the City. She believed that more residents would have expressed concerns about this project if they had been notified and felt that the majority of residents would not support it. Council Member Hart noted that he had been a Planning Commissioner for eight years and understood the concerns expressed about the proposed signage. However, he felt that the City should not create a hardship for individuals or businesses simply because the City failed to place a time limitation on the approved conditions. He recommended that the appeal be rejected since the applicant had completed the proper processing; the project had been approved by the City Council and the Planning Commission; and, the monument sign would be lowered from 25 feet to 20 feet. Mr. Tomlinson noted that residents living «ithin the area surrounding the project were notified of meetings, and the general public was notified through the newspaper. Council Member Jones felt that the City was extremely receptive to meeting the desires of the community and expressed concern that the needs of businesses were not being met in the City. He noted the difficultly many applicants have with the City's processing and urged the City to become more "business friendly" and to review its processing. He spoke in support of rejecting the appeal, as recommended by staff. Council Member Campbell felt it ,vas very positive for the City to have these dealerships. ' She noted that she resided directly across the freeway from the proposed dealership and would w have the most direct impact from the project. She felt that the proposed signs were Citv Council Minutes -9- 1/3/95 010 reasonable to ensure proper identification for the dealership. Council Member Swerdlin felt that the proposed signs were appropriate for this project. Ratification of Plannine Director's Decision to Reject Appeal of Planning Commission Action: It was moved by Council Member Campbell, seconded by Council Member Jones, that the decision of the Planning Director be ratified, rejecting an appeal of a Planning Commission approval of a revised monument sign for Barwick Chrysler Jeep/Eagle, based upon the finding that the item being appealed was not subject to Planning Commission review since a height exception had been granted by the City Council, whose action remains valid. The motion carried with Mayor Nash voting in opposition. DIRECTOR OF ENGINEERING AND BUILDING SERVICES ORDINANCE AMENDING SECTION 6-6.13 OF THE MUNICIPAL CODE RELATING TO WASTE DISCHARGE PRETREATMENT AND SOURCE CONTROL PROGRAM AND REPEALING ORDINANCE NOS 679 AND 717 1040.30 Written Communication: Report dated January 3, 1995, from the Director of Engineering and Building, recommending that amendments to the City's Pretreatment Ordinance, adopted in 1990, be approved to comply with changes in the Federally -mandated National Pollutant Discharge Elimination System Program changes and with requirements of various regulatory agencies. The Program is designed to regulate and control the industrial and commercial wastewater being discharged to sewer treatment facilities. Introduction of Ordinance Amendine Waste Discharee Pretreatment and Source Control Program: 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 Jones, that the following Ordinance be introduced: AMENDING THE WASTE DISCHARGE PRETREATMENT AND SOURCE CONTROL PROGRAM ORDINANCE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RESCINDING ORDINANCE NOS. 679 AND 717, SECTION 6-6.13 OF THE MUNICIPAL CODE, AND ADOPTING NEW SECTION 6-6.13, AMENDED WASTE DISCHARGE PRETREATMENT AND SOURCE CONTROLPROGRAM The motion carried by the following vote: Citv Council Minutes 10- 1/3/95 AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash ' NOES: None ABSENT: None 2. CONSIDERATION OF A FACILITY USE AGREEMENT WITH DANA POINT. AND ACCEPTANCE OF CONSTRUCTION FUNDS FOR SPORTS PARK AT KINOSHITA FARM (600.30) Written Communication: Report dated January 3, 1995, from the Director of Engineering and Building, recommending that the donation of $110,000 from the Dana Point City Council be accepted for the construction of the three soccer fields at the Kinoshita Farm Sports Park, and that a Facility Use Agreement with the City of Dana Point be approved permitting use of the fields by Dana Point residents. Mr. Scarborough noted that staff had modified their recommendation to request that this item be continued to the meeting of February 7, 1995, due to the potential impact to the City of Dana Point from the County's financial crisis. Continuation of Item: It was moved by Council Member Campbell, seconded by Council Member Jones, and unanimously carried that the item be continued to the meeting of February 7, 1995, at the request of staff. COUNCILMANIC ITEMS REPORT ON COUNCILMANIC APPOINTMENTS (610.60) Written Communication: Report dated January 3, 1995, from Carole Jacklin, Council Services Manager, forwarding a report on the status of current appointments of Council Members to internal committees and outside agencies. Mayor Nash indicated her nominations of Council Members to the various committees and agencies. Council Member Jones noted that the Capistrano Valley Waste Water Authority and the City of Dana Point Water Conservation Subcommittee were no longer active and should be deleted from the list. He stated that from its inception, he has had concerns with any Council Member serving on the Business Task Force. As a former Council liaison to the group, he felt that a Council Member's presence could influence andior direct the discussions and actions of the group. Council Member Campbell concurred and suggested that the appointment be deferred to the next meeting for input from the Task Force. Mayor Nash City Council Minutes -It- 1 /3/95 012 noted that the intent was to have the City Council actively participate with the Task Force to discuss problems in the business community and provide recommendations for possible Code amendments. Appointments of Council Members to Internal Committees and Outside Agencies: It was moved by Mayor Nash, seconded by Council Member Campbell and unanimously carried that the following Council Member appointments be made: 1. El Toro Reuse Planning Authority 2. El Toro Airport Working Group 3. Flood Plain Management Committee 4. Foothill/Eastern Transportation Authority 5. Interjurisdictional Planning Forum, Growth Management Area 9 6. Interjurisdictional Planning Forum, Growth Management Area 11 7. League of California Cities 8. League of California Cities Council Legislative Delegate 9. San Joaquin Transportation Corridor 10. San Juan Basin Authority 11. San Juan Creek Task Force 12. School Site Selection Committee 13. Solag Relocation Committee City Council Minutes _I2_ Mayor Nash, with Council Member Campbell as alternate Mayor Nash, with Council Member Campbell as alternate Mayor Nash and Council Member Jones Council Member Campbell, with Council Member Hart as alternate Council Member Jones Council Member Jones Council Member Hart with Council Member Campbell as alternate Council Member Campbell, with Council Member Hart as alternate Council Member Campbell, with Council Member Hart as alternate Council ;Member Jones, with Larry Buchheim and Ray Auerbach as alternates Council Member Swerdlin Council Members Jones and Swerdlin Mayor Nash and Council Member Hart 1/3/95 14. South Orange County Reclamation ' Authority 15. SouthEast Regional Reclamation Authority (SERRA) Council Member Jones Council Member Jones, with Larry Buchheim and the Director of Engineering and Building (Bill Huber) as alternates It was moved by Council Member Campbell, seconded by Mayor Nash and unanimously carried to continue consideration of an appointment to the Business Task Force to the meeting of January 17, 1995. Appointments to the Capistrano Valley Waste Water Authority and the City of Dana Point Water Conservation Subcommittee were not made since the agencies are currently inactive. 2. APPOINTMENT OF TWO MEMBERS TO THE PLANNING COMMISSION 110.20 Written Communication: Report dated January 3, 1995, from Carole Jacklin, Council Services Manager, noting that the vacancies had been advertised. A000intment of Council Ad Hoc Committee: ' It was moved by Council Member Campbell, seconded by Mayor Nash, and unanimously carried that Council Members Hart and Swerdlin be appointed to a Council Ad Hoc Committee to interview candidates for the two vacancies on the Planning Commission, with their recommendation tentatively scheduled for Council review on February 7, 1995. C, 3. APPOINTMENT OF ONE MEMBER TO THE MOBILE HOME PARK REVIEW COMMITTEE (110.201 Written Communication: Report dated January 3, 1995, from Carole Jacklin, Council Services Manager, noting that the vacancy had been advertised and one application had been received. Appointment of Council Ad Hoc Committee: It was moved by Council Member Campbell, seconded by Council Member Jones, and unanimously carried that Council Members Hart and Swerdlin be appointed to a Council Ad Hoc Committee to interview candidates for the vacancy on the Mobile Home Park Review Committee, with their recommendation tentatively scheduled for Council review on February 7, 1995. City Council Minutes -13- 1/3/95 013 014 4. DECLARATION OF VACANCY (JAROLD B. COLE. ORANGE COUNTY VECTOR CONTROL) (560.501 Written Communication: Report dated January 3, 1995, from Carole Jacklin, Council Services Manager, declaring the position of San Juan Capistrano Trustee representative to the Orange County Vector Control District to be open. Declaration of Vacancy: It was moved by Council Member Campbell, seconded by Council Member Hart, and unanimously carried to declare the position vacant. The City Clerk was directed to post notices of the vacancy and to advertise for applications for the position for consideration at the meeting of January 17, 1995. 5. ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill/Eastern and San Joaquin Hills Transportation Corridors (800.50) Council Member Campbell advised that although Corridor funds were impacted by the County's recent bankruptcy, it appears that the Corridors will be completed. COUNCIL COMMENTS TRASH IMPORTATION (810.10) Council Member Jones noted that a week ago, newly elected County Supervisor Steiner had suggested that the County import trash from San Diego and Los Angeles Counties into San Juan Capistrano to help offset the County's budget deficit. He felt that this proposal would force an increase in City fees and would have a tremendous impact on the City's infrastructure. He expressed strong opposition to this proposal and suggested that the County permit the greenwaste facility on La Pata to lease space at the Prima Deshecha landfill. He recommended that the Council place this matter on the agenda to consider adopting a Resolution opposing this proposal. Finding for Consideration of Off -Agenda Item: It was moved by Council Member Campbell, seconded by Council Member Jones, and unanimously carried to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. Adoption of Resolution Opposing the County's Proposal to Import Trash from San Diego and Los Anneles Counties: It was moved by Council Member Campbell, seconded by Council Member Jones. that the following Resolution be adopted advising the County Board of Supervisors of the City's opposition to the importation of trash from San Diego and Los Angeles Counties to the Prima Deshecha landfill: City Council Minutes -14- 1/3/95 015 RESOLUTION NO, 95-1-3-5_ PROTESTING SOLID WASTE ' IMPORTATION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROTESTING SOLID WASTE IMPORTATION INTO ORANGE COUNTY LANDFILLS The motion carried by the following vote: AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None 2. GREENWASTE FACILITY ON LA PATA (810.60) Finding for Consideration of Off -Agenda Item: It was moved by Council Member Campbell, seconded by Council Member Jones, and unanimously carried to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. Mr. Scarborough advised that City staff had conducted an investigation of the greenwaste facility located on La Pata and determined that misinformation had been provided by ' Browning-Ferris Industries of California, Inc. ("BFI") at the time of their original application for a permit from the County. He stated that the County Planning Commission's approval was based on the plant being located 1.5 miles away from any residential areas, when in fact the facility is located only 1,500 feet from residents. In addition, no information was provided to the County regarding the City's residential zoning of the area immediately adjacent to the plant. He suggested that the City forward a letter to the County Planning Commission requesting that they reconsider their land use approval of BFI's permit based on inaccurate information originally provided to the County and to reprocess the application so that public input could be received. He noted that the County issued an Order Reduction Plan to BFI, which he felt was a significant step in addressing the facility's Code violations. Authorization to Forward Letter to County Planning Commission: It was moved by Council Member Campbell, seconded by Council Member Jones, and unanimously carried that staff be directed to prepare and forward a letter to the County Planning Commission requesting that they reconsider their land use approval of BFI's permit due to inaccurate information originally provided to the County and to reprocess the application so that public input could be received and a history of the site and impacts on adjacent residences could be made known. City Council Minutes -15- 1/3/95 016 Council Member Swerdlin noted his attendance at the opening of the San Juan Capistrano Boys and Girls Club. He commended the organization and urged support from the community and the City Council. 4. TOUR OF CITY FACILITIES (150.10) Council Member Swerdlin expressed appreciation to Ron Sievers, Director of Public Lands and Facilities, and Al King, Jr., Director of Community Services, for their tour of the City's facilities and trails and their work in the community. CLOSED SESSION Council recessed to a Closed Session at 9:47 p.m. for: Conference with Real Property Negotiator per Government Code Section 54956.8 for property located at 31752-31762 Camino Capistrano and 26822-26842 Ortega Highway, with San Juan Partners as negotiating party, to consider price and terms; 2. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9, for the case known as City of San Juan Capistrano v. Southern California Joint Powers Insurance Authority; Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9, for the case known as City of South El Monte v. Southern California Joint Powers Insurance Authority; 4. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(c), the initiation of litigation in one case; and 5. Liability Claims pursuant to Government Code Section 54956.95, McLaughlin, etc, et al, claimant, against the Community Redevelopment Agency. The City Clerk was excused therefrom, and the meeting reconvened at 11:07 p.m. Mr. Denhalter advised there was no action to report on any of the items. City Council Minutes IN 1/3/95 r ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:08 p.m. to the next regular meeting date of Tuesday, January 17, 1995, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, CHERYL•1 -•CLERK ATTEST: CAROLYN NA$H, MAYOR Citc Council Minutes -17- 1/3/95 017