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96-0116_CC_Minutes_Regular MeetingJANUARY 16, 1996 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor pro tem Swerdlin at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Inez Shannon, Baha'i Faith/Local Spiritual Assembly of San Juan Capistrano. ROLL CALL: PRESENT: David M. Swerdlin, Mayor pro tem Collene Campbell, Council Member Gil Jones, Council Member Carolyn Nash, Council Member ABSENT: Wyatt Hart, Mayor STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Joe Arraoaga, Public Lands and Facilities Director; Al King, Jr., Community Services Director; 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 Nash, and unanimously carried that all Ordinances be read by title only. '11ills] Vr8MWU5M 51cm• ►1 11\• Y• Council Member Campbell introduced the following Commission representatives in attendance: John Greiner and Bill Sonka (Planning Commission), Edgar Johnson (Transportation Commission and Mobile Home Park Review Committee), Don Tryon (Cultural Heritage Commission), and Tom Facon (Chamber of Commerce). Council Member Campbell also introduced Council Member Jones' grandchildren in attendance. W-4•_IKM Iqj u 10 t 1i\ I tong V LI)►. \ 1 1 u 1\ o 04 a Do 30 Ks"d\ \ �ul:_C • •ulul_' � � 'i_ 1 1� Tom Facon, Executive Director of the Chamber of Commerce, noted the following upcoming events: City Council Minutes -1- 1/16/96 501 502 a) State of the City Luncheon on Thursday, January 18; b) Capistrano Valley News Media Workshop on Thursday, February 8; C) Miss Capistrano Valley Pageant on Saturday, February 10; d) Financial Management/Economic Review seminar on Thursday, February 15; e) "Casino Night Auction and Buffet" on Saturday, February 24; and f) Youth in Business Day program on Thursday, February 29. Mr. Facon expressed appreciation to the City Council for their professional handling of matters in the City. 0K1 S:,tw&j1J � It was moved by Council Member Jones, seconded by Council Member Nash, 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 Campbell, Jones, Nash, and Mayor pro tem Swerdlin NOES: None ABSENT: Mayor Hart JANUARY (300,30) The List of Demands dated December 20, 1995, in the total amount of $850,476.37 and the List of Demands dated January 3, 1996, in the total amount of $443,409.85 were received and filed. The City Treasurer's Report of Cash Fund Balances for the month of November 1995 in the total amount of $231,326.04 was received and filed. C 1: ' • ; • • ! I A`1:RY•14[1tT5L 1 1 The City Treasurer's Report of Investments as of December 31, 1995, in the total amount of $10,731,542.13 was received and filed. City Council Minutes -2- 1/16/96 ' The Report dated January 16, 1996, from the Planning Director, advising that two new development applications were received by the City since the last report of November 21, 1995, was received and filed. As set forth in the Report dated January 16, 1996, from the Engineering and Building Director, the following Resolution was adopted declaring the asphalt concrete overlay of Calle Arroyo from La Novia Avenue to Avenida Siega and street restriping to be complete: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE ASPHALT CONCRETE OVERLAY OF CALLE ARROYO FROM LA NOVIA AVENUE TO AVENIDA SIEGA (ALL AMERICAN ASPHALT) The Resolution accepted the work as complete in the amount of $122,204.89 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $12,220.49 thirty-five (3 5) days after recording the Notice of Completion. EMOTION IN MIZUKTOWN "I As set forth in the Report dated January 16, 1996, from the Engineering and Building Director, the following Resolution was adopted declaring Capital Improvement Project No. 141, Spring Street Drainage Improvements, consisting of the construction of two grated catch basins and an additional slotted storm drain along the south side of Spring Street, to be complete: •� Y•I�l•11Y[i7aW[• K• I' : I I to) 0Eel U•.i1`.[eR�yY '1! • :: I► : lul' : • I ul ► 1 • I► RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE SPRING STREET DRAINAGE IMPROVEMENTS (ATLAS -ALLIED, INC.) City Council Minutes -3- 1/16/96 503 504 The Resolution accepted the work as complete in the amount of $23,565 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $2,356.50 thirty-five (35) days after recording the Notice of Completion. ' 111 1104 1 LeiW.119191 ' 1 11 DANUMMXTA&VOTANl: .11 1 As set forth in the Report dated January 16, 1996, from the Engineering and Building Director, the License Agreement Extension between the City and Mr. Hideo Shibata was approved allowing the City to continue to access, maintain, and operate the temporary pumping station and associated pipework located adjacent to Trabuco Creek on Mr. Shibata's property, through December 31, 1996, for a fee of $500 per month. The Mayor was authorized to execute the Agreement Extension on behalf of the City. As set forth in the Report dated January 16, 1996, and the follow-up Memorandum dated January 10, 1996, from the Engineering and Building Director, consideration of the proposed Resolution to approve the Maintenance and Improvement Cooperation Agreement for Parcels 1 and 2, Parcel Map 95-125 for the Mission Kiln property located at 31401 and 31405 El Horno Street was continued to the meeting of February 6, 1996. Staff requested the continuance to allow the Agreement to be executed by the future owner of the residential parcel concurrent with escrow. L. elle :-. _ 1 s_WOMEN; • 1 As set forth in the Report dated January 16, 1996, from the Engineering and Building Director, the following Resolution was adopted establishing a "No Parking" zone for the easterly side of Avenida Large from San Juan Creek Road to the westerly leg of Via Barrida, as requested by the San Juan Hills Private Street Maintenance Association: RRC L 1TION NO, 96-1-16-3. ESTABLISHING "NOP RKIN O EASTERLY SIDE OF AVENIDA LARGA - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING" ZONE ON AVENIDA LARGA AS DESCRIBED BELOW City Council Minutes -4- 1/16/96 10. DENIAL OF CLAIM FOR INDEMNITY (ORANGE COUNTY TRANSPORTATION AUTHORITY) (170.10) The Claim for Indemnity filed by the Orange County Transportation Authority was denied in its entirety, as set forth in the Report dated January 16, 1996, from the City Attorney. The following items were removed from the Consent Calendar at the request of Council Members Nash and Campbell. Written Communication: Report dated January 16, 1996, from the Planning Director, forwarding the proposed 1996 Master Street Banner Calendar of Events, listing the tentative dates for anticipated annual community -wide events. Council Member Nash recommended that all Shop & Dine Promos be removed from the calendar unless there is a specific event to advertise. She indicated that it was the City's intent for the banner program to give businesses precedent over promotions. She felt that fewer banners over the course of a year would be more noticeable. Anoroval of Modified 1996 Master Street Banner Calendar of Events: ' It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried that the proposed 1996 Master Street Banner Calendar of Events be received and filed, as modified to delete all Shop & Dine Promotions not associated with a specific event. • _ Y•IR•1lC• i]�LI�[er4179�1uL•]���IK•T�fl:l�l:1.��YI�I�C�l7 . Written Communication: Report dated January 16, 1996, from the Engineering and Building Director, recommending City Council approval to remove the existing three-way stop sign at Valle Road and "C" Street on the south side of San Juan Lincoln Mercury and to install a westbound stop sign at Valle Road and "C" Street. Council Member Campbell indicated that although she lived within 2,500 feet of this project, she felt she did not have a conflict of interest because it would have no financial impact on her property. She stated her neighborhood supported the removal of the stop sign at Valle Road. City Council Minutes -5- 1/16/96 505 6101 Adoption of Resolution Approving the Removal of the Three-WU StopSign at Valle Road and "C" Street: It was moved by Council Member Campbell, seconded by Council Member Nash, that the following Resolution be adopted: RESOLUTION NO, 96-1-16-4. APPROVING REMOVAL OF THREE- WAY STOP REGULATION - VALLE ROAD AND SOUTHERLY ACCESS ROAD TO SAN JUAN LINCOLN -MERCURY AND RESCINDING CONDITION NO. 8g OF RESOLUTION NO. 93-7-20-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REMOVAL OF A THREE- WAY STOP SIGN AT VALLE ROAD AND "C" STREET, THE SOUTHERLY ACCESS ROAD TO SAN JUAN LINCOLN -MERCURY AND RESCINDING CONDITION NO. 8g OF RESOLUTION NO. 93-7-20-2, ARCHITECTURAL CONTROL 88-1 APPROVALS AYES: Council Members Campbell, Jones, Nash, and Mayor pro tem Swerdlin NOES: None ABSENT: Mayor Hart Adoption of Resolution Approving the Installation of Stop Sign at Valle Road and — "C" Street: It was moved by Council Member Campbell, seconded by Council Member Nash, that the following Resolution be adopted approving the installation of a westbound stop sign at Valle Road and "C" Street: RESOLUTION NO. 96-1-16-5. INSTALLATION OF A WESTBOUND STOP AT VALLE ROAD AND THE SOUTHERLY ACCESS ROAD TO AN J-UAN LINCOLN -MERCURY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING INSTALLATION OF A WESTBOUND STOP SIGN AT THE INTERSECTION OF VALLE ROAD AND "C" STREET, ,THE SOUTHERLY ACCESS ROAD TO SAN JUAN LINCOLN -MERCURY (ARCHITECTURAL CONTROL 88-1) AYES: Council Members Campbell, Jones, Nash, and Mayor pro tem Swerdlin NOES: None ABSENT: Mayor Hart City Council Minutes 1/16/96 I None. 1 I� Council recessed at 7:17 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:18 p.m. as the City Council. CITY MANAGER h_ a =__ ; : I _ ;_ • • 1 1 • I►I I_ I ' • u : ►l �_s Written Communications: (1) Report dated January 16, 1996, from the City Manager, recommending that an Ordinance be introduced designating Very High Fire Hazard Severity Zones in the City and establishing fire prevention measures for structures located within these zones, in compliance with State Assembly Bill 337. This item was continued from the meeting of January 2, 1996, for staff to provide more precise information with regard to the potential visual impacts of fuel modification in the City's open space areas. The Report contained additional detailed information with regard to the methods and costs for establishing different types of fuel breaks and reductions. (2) Memorandum dated January 11, 1996, from the Director of Public Lands and Facilities, attaching a map showing the weed abatement needs for the south fuel break. Mr. Scarborough discussed the possibility of grazing to reduce fuel, noting that staff would return to the Council for direction in the event grazing could not be accomplished in the southern fuel break area by summer. Introduction of Ordinance Establishing "Very High Fire Hazard Severity Zones" for the City: 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 Nash, seconded by Council Member Jones, that the following Ordinance be introduced: City Council Minutes -7- 1/16/96 507 507 AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - DESIGNATING VERY HIGH FIRE HAZARD SEVERITY ZONES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 4 OF THE MUNICIPAL CODE BY ADDING A NEW CHAPTER 8 ENTITLED "DESIGNATION OF VERY HIGH FIRE HAZARD SEVERITY ZONES WITHIN THE CITY" AND ESTABLISHING PROCEDURES FOR THE MODIFICATION OF VERY HIGH FIRE HAZARD SEVERITY ZONES The motion carried by the following vote: AYES: Council Members Campbell, Jones, Nash, and Mayor pro tem Swerdlin NOES: None ABSENT: Mayor Hart �I • � : ► • J\ : 1 1 uh • l,�1u11\l • ► _ u . 11 1 Written Communications: (1) Report dated January 16, 1996, from the City Manager, reporting on the discussions and actions taken to date by the County Board of Supervisors with regard to the implementation of the 800 MHz system and proposed cost increases to participating cities. The Report noted that the cost increase to San Juan Capistrano as a result of the County's bankruptcy status would be $56,349, for a total of $354,626 to be paid over a five-year period. (2) Memorandum dated January 12, 1996, from the City Manager, reporting on the County's extension of the deadline to the end of February 1996 for cities to accept the Joint Agreement. He recommended that the item be continued to the February 6 meeting to allow City Managers the opportunity to resolve the governance issue. Mr. Scarborough made an oral presentation, noting that the item could be brought back by either the first or second meeting in February and still meet the County's deadline. Council Member Nash requested that staff provide the Council with information regarding the issue of antennae for the communications system, including their exact location, potential impacts on the community, and whether the City could provide suggestions for appropriate locations. City Council Minutes -8- 1/16/96 508 Continuance of Item: It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried that this item be continued to the meeting of February 6, 1996. Written Communication: Report dated January 16, 1996, from the Engineering and Building Director, regarding the request of seven property owners on Hunt Club Drive to waive all fees associated with the proposed slope repair within Tract 6305, Lots 16-22. Staff recommended that a fee waiver be granted to provide for the payment of actual costs to the City for plan checking and inspection, including any out-of-pocket costs for outside consultants, not to exceed the fee schedules. This item was continued from the meeting of January 2, 1996, at the request of staff. Public Comments: (1) Anthony Montebello, 30812 Hunt Club Drive, spoke in support of reducing the fees. (2) Thomas Merrell of Civic Solutions, 31726 Rancho Viejo Road, Suite 223, stated he spoke on behalf of the seven homeowners in this matter. He suggested that Alternative #4 in the Staff Report be adopted, approving a waiver of all City fees except for direct out-of-pocket fees for outside consultant review. He noted that the homeowners in question did not have insurance for this type of repair and have incurred high out-of-pocket expenses. Mr. Huber explained that the staff recommendation would waive the fee schedule and only charge actual costs. In the event additional work was required, the charge would not exceed what would have been required by the fee schedule. Alternative #4 would waive the fee schedule and staff time and only charge for time spent by the outside consultant. He further explained the City's policy to hire an outside independent geotechnical firm to review submittals from the applicants' geotechnical firm to assure the plans were prepared in accordance with City standards, and good grading and geotechnical practices. City staff time would only involve review of the documents to ensure conformity with the City's codes; and, inspection costs. In response to Council Member Jones Mr. Huber advised that since 1993, approximately 44 permits had been processed for similar occurrences on single lots, several of which the cost had been equal to this occurrence. He noted that no fee waivers had been requested. Mr. Scarborough added that the requirement for a third party review by an outside consultant City Council Minutes -9- 1/16/96 509 had not been in place in the late 1970's and early 1980's. It had since been put into place to protect both the City and residents and to ensure compliance with local ordinances and established grading practices. (3) Richard Walker, 30872 Hunt Club Drive, urged the Council to waive the fees. He noted that the homeowners have been unable to obtain funding from FEMA the County, or the State, and that they have struggled financially to hire a geotechnical firm and a contractor to begin the work. He stated that if creeping of the slope continued, his home would be in jeopardy. Mr. Huber stated that FEMA does not usually provide funding for damages to private property. He noted that another property in the City which suffered damage from an adjacent storm drain channel from Trabuco Creek was denied funding by FEMA because the damage occurred to private property. He suggested that perhaps the Small Business Authority could assist the homeowners in obtaining financial relief. Mr. Scarborough added that FEMA required that the damage be associated with a disaster that had been officially declared. Council Member Campbell felt it would be unfair to the taxpayers of the City to waive all of the fees. She expressed concern that waiving the fees in this instance would set a precedent, particularly since so many homes in the City are constructed on hillsides. Mr. Denhalter felt that legal challenges would result if fees were waived in this instance and denied for others. Council Member Nash concurred and questioned whether there was any way to recoup City fees that had been waived if in the future the homeowners were able to obtain funding. Mr. Huber suggested that consideration could be given to entering into a reimbursement agreement with the homeowners or a to placin a lien. Mr. Scarborough noted that in the past, the City had structured fee payments to be paid over a period of time. Mr. Denhalter stated that a waiver of fees could be granted if findings could be made to clearly distinguish this situation from other similar slides in the City; however, he felt those findings could not be made in this instance. He noted that most slides in the City occur on private property. Council Member Jones inquired about the City's policy to require geotechnical review. Mr. Huber stated that over the last four to five years, the requirement had been added for an outside independent geotechnical review to ensure the accuracy of the original geotechnical report. Also instituted were geotechnical specifications requiring plans to meet the minimum standards of care for drilling for testing soils values, etc., as well as a geotechnical inspection to ensure projects are completed according to the geotechnical plans. He further added that in areas of known geotechnical problems the City has an outside independent geotechnical inspector inspect the work. In response to Council Member Jones, Mr. Huber advised he would provide information regarding which of the 44 previously -noted slides had occurred prior to the City's new policies. City Council Minutes 10- 1/16/96 510 Council Member Nash suggested that the staff recommendation be adopted, with direction ' to staff to work with the homeowners to seek additional sources for reimbursement of the fees paid by the homeowners. Mr. Scarborough indicated he would discuss a repayment structure with the homeowners for additional fees that would be required. (4) Tom Lorch, 819 Avenida Salvador, San Clemente, noted that he had submitted claims to FEMA and the Small Business Authority for damage to his vacant land but had been denied. However, he felt that the homeowners in question might be able to obtain a loan, with the City as a co -applicant. Approval of Fee Waiver for Hunt Club Drive Slope Repair: It was moved by Mayor pro tem Swerdlin, seconded by Council Member Nash, and unanimously carried that a fee waiver be granted to provide for the payment of actual costs to the City for plan checking and inspection, including any out-of-pocket costs for outside consultants, not to exceed the fee schedules. Staff was directed to continue working with the residents on a structure of fee payments. PROGRAMS. GANG PREVENTION (600.30) ' Written Communication: Report dated January 16, 1996, from the Community Services Director, forwarding the Quarterly Report for July -September 1995 for Community Service Programs, Inc. (CSP), South County Gang Prevention Program. Max Madrid, Program Director, and Jesse Gutierrez, Gang Specialist for CSP, gave oral presentations. The Report was ordered received and filed. • �• 1► kW•]�l:�ui�4► It]4[•llllYl�•I M.1 t�I1\li I' : • • : • • ' • \ Written Communication: Report dated January 16, 1996, from the City Clerk, advising that the Ordinance was introduced at the meeting of January 2, 1996, and was scheduled for adoption. City Council Minutes -11- 1/16/96 we] 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 Nash, seconded by Council Member Jones, that the following Ordinance be adopted: ORDINANCE NO 771 AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE - ADOPTION OF NEW EDITIONS OF THE UNIFORM BUILDING CODES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 8 "BUILDING REGULATIONS" OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 1994 UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE, UNIFORM MECHANICAL CODE, UNIFORM HOUSING, CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM ADMINISTRATIVE CODE, AND THE 1993 NATIONAL ELECTRICAL CODE, AS AMENDED The motion carried by the following vote: AYES: Council Members Campbell, Jones, Nash, and Mayor pro tem Swerdlin NOES: None ABSENT: Mayor Hart •30I ••' • • • 1 1►L •LUV I:_ •• MILIVIKIIAMIWIM_ 1 • ••' • Written Communication: Report dated January 16, 1996, from the City Clerk, advising that the Ordinance was introduced at the meeting of January 2, 1996, 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 Campbell, seconded by Council Member Nash, that the following Ordinance be adopted: • • • ► • • � • ui • 1111���•1�■Ill�l EDITION - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 2 "FIRE PREVENTION" OF TITLE 4 "PUBLIC SAFETY" RELATING TO ADOPTION BY REFERENCE OF THE UNIFORM FIRE CODE, 1994 EDITION, WITH APPENDICES; AND AMENDMENTS THERETO City Council Minutes -12- 1/16/96 512 The motion carried by the following vote: AYES: Council Members Campbell, Jones, Nash, and Mayor pro tem Swerdlin NOES: None ABSENT: Mayor Hart COUNCILMANIC ITEMS a. League of California Cities (140.20) Council Member Nash reported the League approved a Council of Governments to replace the Southern California Association of Governments (SCAG). In addition, Candace Haggard, Councilwoman from the City of San Clemente, was elected to represent the County on the AQMD; and Mr. Hobson of Yorba Linda was appointed to serve on the County Airport Committee. She noted that the majority of South County cities abstained on the airport matter. She added that the Sanitation District presented a proposal to purchase the County landfills from the County. b. Southeast Regional Reclamation Authority (SERRA) (1040.60) Council Member Jones noted that Bill Becker had been appointed as the interim manager consultant until September 1, 1996, under the current terms to allow time for the transition. Mayor pro tem Swerdlin noted the meeting scheduled for January 25, 1996. Council Member Nash noted that the meeting for January was cancelled. 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. City Council Minutes -13- 1/16/96 513 Written Communication: Letter dated January 5, 1996, from Bob Zemel, Anaheim City Council Member, requesting the City's support to establish a full-time Immigration and Naturalization Service (INS) officer in the Anaheimjail to identify suspected criminal illegal alien offenders for deportation. Lt. Sullivan spoke in support of the project and explained the County Sheriffs Department program for identifying undocumented persons. Adoption of Resolution Supportingthe he City of Anaheim's INS Identification Pilot Project: It was moved by Council Member Campbell, seconded by Council Member Jones, that the following Resolution be adopted: f�Y•]1•�[•]i,l�[• • • Y• • ' •]:iY1►[ef�:Z•IZ•bY�I►Z•7M�•]� IDENTIFICATION PILOT PROJECT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING IMPLEMENTATION OF THE CITY OF ANAHEIM'S IMMIGRATION AND NATURALIZATION SERVICE IDENTIFICATION SIX-MONTH PILOT PROGRAM The motion carried by the following vote: AYES: Council Members Campbell, Jones, Nash, and Mayor pro tem Swerdlin NOES: None ABSENT: Mayor Hart 2. WILDLIFE (500.10) Council Member Campbell noted the thirteen deer she sighted recently in the vicinity of Valle Road. Council Member Campbell inquired about the status of the repairs to the creek. Mr. Huber advised that the approved palisades system had been installed and the channel cleared in the middle. He felt that these repairs would sustain the creek through severe storms. Council Member Campbell concurred with Tom Facon's remarks earlier in the meeting with regard to Council conduct and indicated she was proud to serve with this Council. City Council Minutes 14- 1/16/96 S14 5. GANG INTERVENTION/SUPPRESSION COSTS (585.50) ' Council Member Campbell inquired about the status of her request for a breakdown of costs to taxpayers for combatting gang activity in the City. Mr. Scarborough indicated he would provide her a copy of the report. Council Member Nash, as a South County representative on an ad hoc committee to the Sanitation District board, spoke regarding the proposal by the Sanitation District to purchase the County landfills from the County. She stated that the Sanitation District was in the process of performing due diligence on the proposal's feasibility, including the issue of whether the District would be able to control the flow of refuse from all cities in the County through agreements with the cities. She indicated that she would present a Letter of Intent for Council consideration/approval at the February 6 meeting regarding San Juan Capistrano's position on the issue of flow control. She advised that if the landfills were purchased by the Sanitation District, the cities would have control over the operation of the landfill. Mayor pro tem Swerdlin suggested scheduling a workshop to make Council Members aware of the issues. 7. CITY MOTTO (120.30) Finding for Consideration of Off -Agenda Item: It was moved by Council Member Campbell, seconded by Council Member Nash, 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. Mayor pro tem Swerdlin suggested that two members of the City Council be appointed to work with the Chamber of Commerce on their request to develop a City motto. Mr. Scarborough stated that the Council representatives would define the process and provide input to the Chamber. Continuation of Item to Meeting of FebruaU 6. 1996: It was moved by Council Member Campbell, seconded by Council Member Nash, and unanimously carried that staff be directed to place this item on the agenda for the meeting of February 6, 1996 for consideration by a full Council. 8. DEDICATION OF MEETING TO GENEVA THOMPSON (610.40 Finding for Consideration of Off -Agenda Item: It was moved by Mayor pro tem Swerdlin, seconded by Council Member Nash, 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. 1 City Council Minutes -15- 1/16/96 515 Mayor pro tem Swerdlin requested that the meeting of February 6, 1996, be dedicated in memory of Geneva Thompson. Annroval to Dedicate February 6 Meeting: It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously carried that staff be directed to prepare a Resolution for the meeting of February 6, 1996, dedicating the meeting to the memory of Geneva Thompson. CLOSED SESSION (610,85) Council recessed to a Closed Session at 8:35 p.m. for: Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(b), for significant exposure to litigation in three cases, and Government Code Section 54956.9(c), the initiation of litigation in three cases. The City Clerk was excused therefrom, and the meeting reconvened at 9:20 p.m. Mr. Denhalter advised there was no action to report. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:20 p.m. to the next regular meeting date of Tuesday, February 6, 1996, at 7:00 p.m. in the City Council Chamber. ATTEST: WYATT T, TVIAYOR City Council Minutes Respectfully submitted, 16- �Tnve'. OUPCITY CLEVY. 1/16/96