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94-0201_CC_Minutes_Regular Meeting217 FEBRUARY 1, 1994 ' 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 Campbell at 7:02 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor William Ferrell of The Life Church. ROLL CALL PRESENT: Collene Campbell, Mayor Gary L. Hausdorfer, Council Member Gil Jones, Council Member Carolyn Nash, Council Member Jeff Vasquez, 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; Al King, Jr., Director of Community Services; Ronald C. Sievers, Director of Public Lands and Facilities; Lt. Paul Sullivan, Orange County Sheriff's Department; Nancy Bernardi, Recording Secretary. MOTION TO READ BY TITLE ONLY It was moved by Council Member Jones, seconded by Council Member Hausdorfer, and unanimously carried that all Ordinances be read by title only. VWUV rr ATr MC Awm m��lCwm ATrr�wm 1. PRESENTATION OF COMMUNITY SERVICE AWARDS - (610.40) Written Communication: Report dated February 1, 1994, from Carole Jacklin, Council Services Manager, noting that the following Boy Scouts had been selected by the Mayor to receive Community Service Awards in recognition of their volunteer efforts in surveying, documenting, and stenciling storm drains throughout the City as part of the National Pollutant Discharge Elimination System: Spencer Clegg, Chris James, Ben Roach, and Brett Sheaffer. The Report noted that their efforts saved the City a total of $7,500. Chris James, Ben Roach, and Brett Sheaffer were present to receive their Awards from Mayor Campbell. RAL COMMUNICATION$ (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGEN 1. SOLAG RELOCATION/LOS RIOS AREA (810.10 Millie Jones, 31791 Los Rios Street, expressed concern that upon relocating to the Los Rios Historic District in 1980, she had been assured that Solag Disposal would be relocated out of the District within two to three years and that had not yet happened. She stated she found unacceptable a previous statement by Council Member Vasquez that he lives in the Los Rios Historic District and the presence ' of Solag does not bother him; and, that the relocation was not a high priority. She also expressed concerns that the 1,100 -square -foot structure on Council Member Vasquez' property at 31891 had been demolished and turned into a three-story home, and that landscaping had been recently removed from City Council Minutes -1- 2/1/94 218 the front of his property. She expressed concern at the City's priorities when new neighborhoods apparently carried more weight than the Historic Los Rios District. Robert Shank, 31021 Via Lenora, expressed concerns regarding the City's involvement in relocating Solag Disposal out of the Los Rios Historic District. He suggested that the City condemn the Solag property, pay liquidation costs to Solag, and allow Solag to find suitable property for relocation. He also inquired whether the plans for the railroad platform included adequate protection from rain. Mayor Campbell requested that the City Manager meet with Mr. Shank to discuss his concerns. 2. LOS RIOS HISTORIC DISTRICT (400.20) Francie Perguson, 26632 Ramos Street, on behalf of the Los Rios Review Committee, requested that the City investigate the removal of landscaping at 31891 Los Rios Street. It was moved by Council Member Hausdorfer, seconded by Council Member Jones, that the staff recommenda- tions be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: None 1. APPROVAL OF CITY COUNCIL MINUTES a. Rezular Meeting of November 16. 1993 (Continued from January 18, 1994) The Minutes of the Regular Meeting of November 16, 1993, were approved as submitted. b. Regular Meeting of January 4. 1994 The Minutes of the Regular Meeting of November 16, 1993, were approved as submitted. 2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES - REGULAR MEETING OF JANUARY 4. 1994 The Minutes of the Regular Meeting of January 4, 1994, were approved as submitted. The List of Demands dated December 31, 1993, in the total amount of $716.16 and the List of Demands dated January 20, 1994, in the total amount of $1,810,702.82 were received and filed. 4. AWARD OF BID - P R HA E CITY EQUIPMENT. ASPHALT ROLLER NIX N EGLI EQUIPMENT) (370.30 As set forth in the Report dated February 1, 1994, from the Director of Public Lands and Facilities, the contract for the purchase of one asphalt roller was awarded to the second -lowest bidder, Nixon Egli Equipment, in the amount of $18,263.63. The report advised that the lowest bid had not met all specifications. All other bids were rejected. City Council Minutes -2- 2/1/94 219 5. APPROVAL OF LICENSE AGREEMENT -TRABUCOSEWER EMERGENCY REPAIRS ' (SHIBATA) (600.30) As set forth in the Report dated February 1, 1994, from the Director of Engineering and Building, the License Agreement between the City and Mr. Hideo Shibata was approved to allow the City to access, construct, maintain, and operate a temporary pumping station and associated pipework on Mr. Shibata's property. The City's sewer crossing of Trabuco Creek had been damaged during last winter's storms and the temporary pumping stations was an emergency measure to bypass the damaged crossing. The term of the Agreement was approved through December 31, 1995, with a fee to be paid to Mr. Shibata in the amount of $500 per month. The Mayor was authorized to execute the Agreement on behalf of the City. 6. DENIAL OF SUBROGATION CLAIM (20TH CENTURY INSURANCE COMPANY) (170,10) The claim received by the City on January 5, 1994, from 20th Century Insurance Company on behalf of Dr. Carl Muglia in the amount of $342.22 for subrogation was denied, as set forth in the Report dated February 1, 1994, from the City Attorney. PUBLIC HEARINGS 1. APPEAL OF PLANNING COMMISSION ACTION OF NOVEMBER 9. 1993 - INSTALLATION OF PLAYGROUND EQUIPMENT AND TREE REMOVAL PERMIT, ARCHITECTURAL CONTROL 73-1006 MODIFICATION. 31822 DEL OBISPO STREET (McDONALD'S RESTAURANT) (410.60) (CONTINUED FROM JANUARY 4. 1994) ' Proposal: Consideration of an appeal by the City Council of the Planning Commission action of November 9, 1993, approving a 1,050 -square -foot playground addition for the existing McDonald's restaurant located at 31822 Del Obispo Street, subject to conditions limiting the equipment to 8'2" in height, and denying a tree removal permit. The public hearing was continued from the meeting of January 4, 1994, for review of alternative designs and landscaping to adequately screen additional height from visibility of playland from the Historic District. Appellant San Juan Capistrano City Council Property Owner/Applicant: Ross Pollard 32222 Camino Capistrano San Juan Capistrano, CA 92675 Written Communication: Report dated February 1, 1994, from the Planning Director, forwarding the applicant's request to continue the public hearing to the meeting of February 15, 1994, to allow for further consideration of alternative designs. Continuation of Public Hearin ¢: Notice having been given as required by law, Mayor Campbell opened the Public Hearing. There being no response, it was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried to continue the public hearing to the meeting of February 15, 1994. Council recessed at 7:20 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:25 p.m. City Council Minutes -3- 2/1/94 220 /\ 1ul t `�IfYYuY4 \'leJYy_�I,:(y CITY MANAGER 1. SELECTION OF CONSULTANT FOR CITY OF SAN JUAN CAPISTRANO AND CAPISTRANO VALLEY WATER DISTRICT CLASSIFICATION/COMPENSATION CONSULTANT SERVICES AGREEMENT (RALPH ANDERSEN & ASSOCIATES) (600.30) Council Member Hausdorfer indicated he had a potential conflict of interest in this matter and would abstain. Written Communication: Report dated February 1, 1994, from Julia Kimminau, Management Assistant, recommending that the firm of Ralph Andersen & Associates be retained to conduct a Classification and Compensation Study for the City and the Capistrano Valley Water District. The funding of the study will be shared by the City and the Water District based on the number of employees in each organization. The City will contribute $13,185, or 75%, and the Water District will contribute $4,395, or 25%, for a total of $17,580. Mr. Scarborough made an oral presentation and noted that the amendments approved at the Water Board meeting earlier in the evening regarding public/private comparisons would be included in the proposed Agreement. Approval of Agreement: It was moved by Council Member Hausdorfer, seconded by Council Member Nash, and unanimously carried with Council Member Hausdorfer abstaining, that the Agreement for Consulting Services with Ralph Andersen & Associates be approved in the amount of $17,580 to conduct a Classification and Compensation Study for the City and the Capistrano Valley Water District, including amendments regarding public/private comparisons. Staff was authorized to transfer $13,185 in funds for the City's share of the Agreement from the General Fund Reserve to the Personnel Division's Special Studies Account No. 01-62139-4121. 2. CONSIDERATION OFAGREEMENTTO PROVIDEA VISITOR'S/TOURISM BUREAU AT COMBS HOUSE (SWALLOWS FOUNDATION) (600.30) Council Members Jones and Vasquez indicated they would abstain on this item due to a potential conflict of interest relating to the proximity of their residences/businesses to this project. Council Member Vasquez left the Council Chamber. Written Communication: Report dated February 1, 1994, from the City Manager, advising that the Swallows Foundation had proposed a 5 -year agreement with the City for a Visitor's/Tourism Bureau at the Combs House, wherein the City would provide $35,000 for the initial rehabilitation of the historic Combs House for use as a Visitor's/Tourism Center and $6,000 annually for staffing and visitor/tourism-related services, for a total cost of $65,000. The Report recommended that the Swallows Foundation provide evidence of their ability to obtain proper financing, staffing, and business participation for the proposed use. Mr. Scarborough made an oral presentation. He noted that since the submittal of the staff report, the Swallows Foundation had provided City staff with a series of letters and documents as evidence of their ability to obtain proper financing, staffing, and business participation for the proposed use. He clarified that the money would be considered a grant by the City. City Council Minutes -4- 2/1/94 221 Public Comments: ' (1) Francie Perguson, 26632 Ramos Street, on behalf of the Los Rios Review Committee, requested that this item be continued to allow the Los Rios Review Committee to review the proposal and provide their comments. (2) Don Frey, President of the Swallows Foundation, urged the Council's support of the proposed use as it would preserve the historic Combs House, educate students, and provide a much- needed visitor's center for the City. He requested that fees be waived for the various permits needed for to complete the project and requested the City's assistance in hiring the City's consultant archaeologist, Roberta Greenwood & Associates to monitor the site if necessary. He felt that the proposed site was suitable for a visitor's center because of its proximity to the Depot, the theater, the Mission, and the Los Rios Historic District. (3) Tim Bolen, 31103 Rancho Viejo Road, #2131, stated that an agreement with the Mission San Juan Capistrano to provide a visitor's center at the Mission's exit was currently in negotiations and requested that this item be continued. Mayor Campbell felt that it was the City's responsibility to provide its visitors with information on the City and urged Messrs. Frey and Bolen to cooperate with each other. She felt the proposed use in the Combs House would assist in preserving the City's heritage and providing a much-needed service. She expressed concern that too many delays might cause financial hardship to the Swallows Foundation. Continuation of Item: It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that this item be continued to the meeting of February 15, 1994. Staff was directed to work with the Swallows Foundation on details, to obtain comments from the Los Rios Review Committee, and to provide a final recommendation on February 15. The City Manager was directed to begin negotiations on an agreement for funding. The motion carried with Council Member Jones abstaining and Council Member Vasquez absent. Council Member Vasquez returned to the Chamber. 3. RESOLUTION ESTABLISHING FEES FOR ABANDONED SHOPPING CART COLLECTION (585.10) ' Written Communication: Report dated February 1, 1994, from Jennifer Murray, Assistant to the City Manager, recommending that a $25 administrative fee be assessed by the City for the retrieval and storage of abandoned shopping City Council Minutes -5- 2/1/94 Council Comments: Council Member Nash supported the location of a visitor's center at the proposed site since it would preserve an historic structure, provide a much-needed visitor's center, and bring visitors further into the community. She expressed concern regarding potential risks and suggested that the City appoint one person to be in charge to monitor and make decisions regarding any modifications to the structure. Council Member Hausdorfer opposed the use of City funds for this historic structure at this time as there was not enough assurance that the City would not be continually involved with the property in the event the Swallows Foundation was not able to meet its financial obligations. He agreed, however, that the City should waive the processing fees for the project. Mr. Frey expressed concern with delaying the project because of voluntary commitments obtained for materials, labor, etc. He noted that the Swallows Foundation secured a lease with the Chamber of Commerce and backup financing when a loan -to -value level is attained. He advised that experts were being sought to manage the visitor's center in a professional manner. Mayor Campbell felt that it was the City's responsibility to provide its visitors with information on the City and urged Messrs. Frey and Bolen to cooperate with each other. She felt the proposed use in the Combs House would assist in preserving the City's heritage and providing a much-needed service. She expressed concern that too many delays might cause financial hardship to the Swallows Foundation. Continuation of Item: It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that this item be continued to the meeting of February 15, 1994. Staff was directed to work with the Swallows Foundation on details, to obtain comments from the Los Rios Review Committee, and to provide a final recommendation on February 15. The City Manager was directed to begin negotiations on an agreement for funding. The motion carried with Council Member Jones abstaining and Council Member Vasquez absent. Council Member Vasquez returned to the Chamber. 3. RESOLUTION ESTABLISHING FEES FOR ABANDONED SHOPPING CART COLLECTION (585.10) ' Written Communication: Report dated February 1, 1994, from Jennifer Murray, Assistant to the City Manager, recommending that a $25 administrative fee be assessed by the City for the retrieval and storage of abandoned shopping City Council Minutes -5- 2/1/94 222 carts. The proposed Resolution would allow the City Manager to administratively reduce the fee if the City Manager determined the fee to be excessive. Ms. Murray made an oral presentation. Adoption of Resolution: It was moved by Council Member Hausdorfer, seconded by Council Member Nash, that the following Resolution be adopted: RESOLUTION NO, 94-2-1-1. ESTABLISHING FEE FOR RETRIEVAL AND STORAGE OF ABANDONED SHOPPING CARTS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING FEES FOR RETRIEVAL AND STORAGE OF ABANDONED SHOPPING CARTS PURSUANT TO CHAPTER 26, TITLE 5, OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: None DIRECTOR OF PLANNING SERVICES 1. REQUEST FOR DEVELOPMENT OF THE SAN JUAN CREEK NEIGHBORHOOD PARK TO BE LOCATED NORTH OF CAMINO LACOUAGUE ON SAN JUAN CREEK ROAD. LOT A. TRACT 13025 (920.40) Written Communication: Report dated February 1, 1994, from the Planning Director, recommending approval of the Mitigated Negative Declaration, an exception to the Water Conservation Landscape Standards, and the conceptual plans for Capital Improvement Project No. 456, San Juan Creek Neighborhood Park, subject to a condition requiring the installation of a temporary 10 -space gravel parking lot. Mechelle Lawrence, Assistant Planner, made an oral presentation and specifically addressed issues regarding the parking recommended for this project. With regard to project financing, Mr. Sievers noted that the City has received $6,000 in donations from residents, $2,000 from San Juan Beautiful, Inc., and $5,000410,000 in commitments from commercial enterprises. He stated that some residents have withheld donations pending notification of the Council's decision on the park. He confirmed that the financial agreement with the neighborhood requires that $30,000 in donations must be received before construction of the park would be commenced. Council Member Hausdorfer inquired about the location of the equestrian trail. Mr. Sievers explained that the equestrian trail would run along the back side of the park in a level area to avoid conflict of biking/pedestrian uses and connect back into the trail system at the southwest corner of the park; that the equestrian trail issue was a separate issue and would be returned to the Council for consideration at a future date. Council Member Jones inquired regarding costs to provide a permanent parking lot. Mr. Sievers advised that a permanent parking lot would cost approximately $20,000. He noted that the proposed temporary lot would provide parking except in extreme weather conditions and felt it would be sufficient at this time. Council Member Jones expressed concerns regarding safety and the potential for City Council Minutes -6- 2/1/94 223 deterioration of the gravel lot and felt that a permanent parking lot should be constructed now instead of after the installation of hard courts. Mr. Sievers suggested funding for a permanent parking lot be considered during the 1994-95 budget sessions. Adoption of Resolution: It was moved by Council Member Jones, seconded by Council Member Nash, that the following Resolution be adopted: RESOLUTION NO, 94-2-1-2. APPROVING CONCEPTUAL PLAN FOR SAN JUAN CREEK NEIGHBORHOOD PARK - CAPITAL IMPROVEMENT PROJECT 456 (TRACT 13025. LOT A) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPRO VING A MITIGATED NEGATIVE DECLARATION, AN EXCEPTION TO WATER CONSERVATION LANDSCAPE STANDARDS, AND A CONCEPTUAL PLAN FOR THE SAN JUAN CREEK PARK PROJECT IMPROVEMENTS TO LOT A OF TRACT 13025, KNOWN AS ASSESSOR'S PARCEL NO. 664-181-010 The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: None DIRECTOR OF ENGINEERING AND BUILDING SERVICES 1. RRECONSIDERATION OF A SPAN -WIRE WOODEN POLE TRAFFIC SIGNAL INSTALLATION AT CAMINO CAPISTRANO AND JUNIPERO SERRA (SUPERIOR SIGNAL SERVICE) (600.30) Written Communication: Report dated February 1, 1994, from the Director of Engineering and Building, advising that it had been determined that development in the area of Camino Capistrano and Junipero Serra may not be within the near-term as initially anticipated. The report recommended that a steel pole traffic signal be installed instead of span wire/wood at the Camino Capistrano and Junipero Serra Road intersection. The steel pole would increase the cost of the project by appro)dmately $19,000. The report recommended that in order to proceed with the steel pole traffic signal installation, funding be taken from the Fiscal Year 1993-94 Capital Improvement Projects as follows: Country Hills Road Street Light Installation in the amount of $12,000; and, the School Safety Improvements in the amount of $10,000. AMMroval of Steel Poles for Traffic Sienal: It was moved by Council Member Nash, seconded by Council Member Jones, and unanimously carried that staff be directed to proceed with the installation of a steel pole traffic sigttal at Camino Capistrano and Junipero Serra Road. 2. ENVIRONMENTALENHANCEMENTAND MITIGATION PROGRAM (EEMP) GRANT APPLICATION - ACQUISITION OF PEARL WILLIAMS PROPERTY LOCATED AT CAMINO CAPISTRANO AND JUNIPERO SERRA ROAD (670.50) Written Communication: ' Report dated February 1, 1994, from the Director of Engineering and Building, recommending that the City apply for grant funding in the amount of $500,000 from the California Resources Agency's Environmental Enhancement and Mitigation Program to be used for the purchase of the 31 -acre Pearl City Council Minutes -7- 2/1/94 224 Williams Estate. The property is located immediately adjacent to the Swanner Ranch, west of Camino Capistrano and north of Junipero Serra Road. The grant proposes that purchase of the property for — Open Space and recreational purposes will help mitigate environmental effects of the adjacent San Joaquin Hills transportation Corridor and the addition of High Occupancy Vehicle lanes to the I-5 freeway. Adoption of Resolution Approving Application for EEMP Funding: It was moved by Council Member Nash, seconded by Council Member Hausdorfer, that the following Resolution be adopted: RESOLUTION NO, 94-2-1-3. APPROVAL OF APPLICATION FOR ENVIRONMENTAL ENHANCEMENT MITIGATION PROGRAM GRANT FUNDS - ACQUISITION OF PEARL WILLIAMS ESTATE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE FOLLOWING PROJECT - PURCHASE OF PEARL WILLIAMS ESTATE The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: None 1. APPROVAL OF REZONE 93-05 - AMENDMENT TO SPECIFIC DEVELOPMENT PLAN 87-1 (PRICE CLUB) (ADOPTION) (460.20) Written Communication: Report dated February 1, 1994, from the City Clerk, advising that the Ordinance was introduced at the meeting of January 18, 1994, and was scheduled for adoption. Ado2tion 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. 744. APPROVING REZONE 93-05 - AMENDING SPECIFIC DEVELOPMENT PLAN 87-1 (PRICE CLUB) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 93-05, AMENDING SPECIFIC DEVELOPMENT PLAN 87-1 TO PERMIT THE ESTABLISHMENT OF VEHICLE RENTAL AGENCIES WITHIN THE PRICE CLUB CENTER AND CHANGING THE SHOPPING CENTER'S PARKING RATIO FROM ONE STALL PER 200 SQUARE FEET OF LEASABLE FLOOR AREA TO ONE STALL PER 250 SQUARE FEET OF LEASABLE FLOOR AREA (PRICE CLUB) City Council Minutes -8- 2/1/94 225 The motion carried by the following vote: AYES: NOES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones None ABSENT: None COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill /Eastern and San Joaquin Transportation Corridors (800.50) Council Member Nash noted that no meetings were scheduled for the next month due to the agencies' relocating their facilities. 1. COUNCIL COMMENDATION (610.25) Mayor Campbell commended Council Member Hausdorfer on his 18 -month service as Chairman of the Orange County Transportation Commission. Council Member Jones noted that construction of the railroad platform, multi -modal parking structure, and San Juan Creek Road signal projects were expedited with the assistance of Council Member Hausdorfer. 2. MAYORICOMMISSION CHAIRMAN MEETING (610.15) Mayor Campbell noted the recent meeting held with City Commission representatives, which resulted in a decision to have Commission representatives attend Council meetings and Council Members attend Commission meetings to ensure good communication. Council Member Nash introduced David Hanson and Bill Zonka of the Transportation Commission, Stan Kensic and Pauline Leonard of the Parks, Recreation, and Equestrian Commission, Bill Hardy of the Los Rios Review Committee, and Cheryl Hodge of the Planning Commission. G�LIZY�I�"L�llil Council recessed to a Closed Session at 8:25 p.m, for discussion of Real Property Negotiations with the CRA Board per Government Code Section 54956.8 (26832 Ortega Highway--O'Neill/Nordeck/Riverside Commercial Investors), Initiated Litigation per Government Code Section 54956.9(a) (Negrete v. San Juan Capistrano and related litigation; Laguna Greenbelt v. U.S. Department of Transportation), and Discussion of Initiation of Litigation per Government Code Section 54956.9(c), the City Clerk being excused therefrom, and reconvened at 10:45 p.m. COUNCIL ACTIONS (Conducted jointly with the Community Redevelopment Agency) 1. REAL PROPERTY NEGOTIATIONS - 26832 ORTEGA HIGHWAY (O'NEILL)(670.70) It was moved by Council Member Hausdorfer, seconded by Council Member Jones, to authorize the City Manager to enter into negotiations with the O'Neill Group for the purposes of determining the final . aspects of the transaction, including purchase price, date and time of closing, and other associated details such as specific development proposals for the property, timing of that development, retrofitting and City Council Minutes -9- 2/1/94 226 timing of retrofitting and all other details relative to development of the property. The results of the negotiations are to be returned to the City Council within ten working days for further consideration; should those negotiations fail, the proposal by Riverside Commercial Investors will then be considered on its merits. Council Member Nash and Mayor Campbell indicated they would not support the motion due to their feeling that the proposal from Riverside Commercial Investors was a better proposal for the City. The motion carried by the following roll call vote: AYES: Council Members Hausdorfer, Jones, and Vasquez NOES: Council Member Nash and Mayor Campbell ABSENT: None 2. SETTLEMENT AGREEMENT AND MUTUAL RELEASE (COMMITTEE TO RESTORE INTEGRITY IN SAN JUAN CAPISTRANO/NEGRETE)(600,30) The City Attorney advised that the Agreement involved all cases and appeals filed by the Committee to Restore Integrity in San Juan Capistrano v. the City and Carlos F. Negrete v The City and all defendants. The Agreement required that all litigation and appeals be dismissed, with prejudice to any refiling and included a five-year provision that Mr. Negrete will not personally file nor institute as an attorney, any lawsuits against the City, except in areas that involve specific exceptions dealing with him in his personal or legal capacity for injuries. If the provision was breached the full amount of attorneys' fees would become a charge against Mr. Negrete. The Agreement also included a provision that except for the press release agreed upon by both the City and Mr. Negrete, no other press release or representation to the media would be made with respect to the subject matter of the Agreement or the litigation referenced therein. He further noted that the City had spent just over $1 million in legal fees in the collective litigation and the trial court had awarded the City $814,000 in attorneys' fees. It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, to enter into the Settlement Agreement and Mutual Release between Carlos R. Negrete and the Committee to Restore Integrity in San Juan Capistrano, the City of San Juan Capistrano, the San Juan Capistrano Community Redevelopment Agency, Gary L. Hausdorfer, Kenneth E. Friess, Lawrence Buchheim, Anthony L. Bland, Phillip Schwartze, David Bentz, Stephen B. Julian and Gephard R. Durenberger. Council Member Jones indicated he would not support the motion since the City has prevailed in the courts and he felt the City would ultimately prevail at the appellate court level. He felt a judge should decide the matter in order to restore the citizens' confidence in the City. Upon being questioned by Mayor Campbell, Council Member Jones stated he would agree to make no further statements outside the Council Chamber on this item. Council Member Hausdorfer stated he would support the motion and had no comment now and would have no comment in the future. Council Member Vasquez stated he would support the motion but would not commit to not expressing his opinion about this issue. Following further discussion, Council Member Vasquez agreed to consult with the City Attorney prior to any discussions he might have with the media on this issue to ensure his discussions would not jeopardize the terms of the Agreement. Council Member Nash stated her support of the motion since she felt Mr. Negrete would continue to file lawsuits, which would entail additional expense to the City, and the City had no way to recover the fees awarded to it. Mayor Campbell also felt it was in the best interests of the community to end the litigation and the resulting expenses, realizing there was no way to recoup the funds awarded to the City. She cited her relief that the City Council indicated its intent to honor its commitment of no further discussion on the matter. City Council Minutes -to- 2/1/94 227 The motion was carried by the following roll call vote: ' AYES: Council Members Hausdorfer, Nash, Vasquez, and Mayor Campbell NOES: Council Member Jones ABSENT: None ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:15 p.m, to the next regular meeting date of Tuesday, February 15, 1994, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, CHERYL JOHNSONLCITY CLERK City Council Minutes -11- 2/1/94