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94-0503_CC_Minutes_Regular Meeting325 MAY 3,1994 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 7:05 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Monsignor Paul Martin, Mission San Juan Capistrano. ROLL CALL: PRESENT: Collene Campbell, Mayor Carolyn Nash, Mayor pro tem Gil Jones, Council Member Jeff Vasquez, Council Member ABSENT: Gary L. Hausdorfer, Council Member 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; Ronald Sievers, Director of Public Lands and Facilities; Al King, Director of Community Services; Lt. Paul Sullivan, Orange County Sheriffs Department. PRESENTATIONS AND COMMENDATIONS SURPRISE BIRTHDAY CELEBRATION FOR MONSIGNOR MARTIN The following presentations were made to Monsignor Mallin: 1. A Governor's Resolution was read in full and presented by Gary Campbell 2. A Certificate of Appreciation from Congressman Ron Packard was read in full and presented by Mayor pro tem Nash. 3. A Certificate from Assemblyman Bill Morrow was read in frill and presented by Council Member Gil Jones 4. A Certificate and an Honored Citizen Card from Supervisor Thomas Riley was read and presented by Council Member Vasquez. 5. Jerry Miller, Administrator of Mission San Juan Capistrano, expressed appreciation and congratulations to Monsignor Martin and recited a poem titled "Sermons We Can See" by Edgar Guest. 6. Bob Dumi expressed appreciation for support received from Monsignor Martin. On behalf of himself and Tony Forster, he expressed the hope that Junipero Serra will continue to intercede to provide the City with Monsignor Martin's wise counsel and Christian example for all time to come. 7. Socorro Quezada, resident of historic Los Rios District, presented flowers to Monsignor Martin and expressed her gratitude for his support during difficult times in her life. 8. Tom Facon, on behalf of the Chamber of Commerce presented a watch to Monsignor Martin. 9. Mayor Campbell presented a Swallows Day poster featuring Monsignor Martin, and read and presented a humorous resolution of appreciation. 10. Colonel Jim Williams and Arthur Birtcher advised that Monsignor Martin is famous for giving away his beds to people in need and thus sleeping on a reclining chair. On behalf of Art and Gaye Birtcher, Gary and Collene Campbell, Ed & Priscilla Akins, Tony & Melinda Moiso, George & Debbie O'Connell and Brian & Kathy McInerney, Colonel Williams and Mr. Birtcher presented a bed to City Council Minutes -1- 5/3/94 326 Monsignor Martin, advising that a specially -carved headboard would be added to the bed in conjunction with the Mission's October fundraiser, to make it harder for him to give away this bed. -- 11. Mayor Campbell read and presented a City Council Resolution of appreciation. 12. Renee Lacouague Bondi sang a special song to Monsignor Martin entitled "My Father's Eyes." RECESS AND RECONVENE The meeting recessed at 7:45 p.m., to celebrate Monsignor Martin's birthday with a special birthday cake, and reconvened at 8:17 p.m. MOTION TO READ BY TITLE ONLY It was moved by Council Member Vasquez, seconded by Council Member Jones, and unanimously carred that all Ordinances be read by title only. 2. PROCLAMATION DESIGNATING MAY 14, 1994, AS "FIRE SERVICE RECOGNITION DAY" 61( 0.40) Written Communications: Report dated May 3, 1994, from the City Clerk, forwarding the Proclamation. Council Member Nash read the proclamation in full. Battalion Chief Henderson was present to receive the proclamation. ORAL COMMUNICATIONS (CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY) CHAMBER OF COMMERCE (130.30 Tom Facon, 32901 Avenida Descanso, Chamber of Commerce Board Member, presented a list of officers elected for the term beginning June 1, 1994. He noted that the Chamber is a volunteer organization and in recognition of the volunteers, presented a list of volunteers and the number of hours they have worked. He advised that as of April 15, the Chamber is again answering all telephone calls and mail; their current office hours are 10:00 a.m. to 3:00 p.m., Monday through Saturday. Tim Bolen, representing the Chamber of Commerce, advised that he and Joe Campbell have re -activated the Chambers Economic Development and Hospitality Council and would be providing liaison with City Hall. He further cited the need for a business strategy and noted that they will be providing information to the City. 2. MOBILE HOME INSPECTIONS (480.20) Al Simmons, 32302 Alipaz Street, No. 135, advised that State -mandated Housing and Community Development inspections are being conducted in San Juan Mobile Estates. He expressed to the Council the residents' concerns that they are being required to bring their coaches up to new Code standards. He further complained about the Park's policy of not allowing installation of electric air conditioners. The City Manager was directed to meet with Mr. Simmons to discuss his concerns. CONSENT CALENDAR It was moved by Council Member Nash, seconded by Council Member Jones, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: City Council Minutes -2- 5/3/94 327 AYES: Council Members Jones, Nash, Vasquez and Mayor Campbell NOES: None ABSENT: Council Member Hausdorfer 1. APPROVAL OF CITY COUNCIL MINUTES OF APRIL 5, 1994 The Minutes of the Regular Meeting of April 5, 1994, were approved as submitted. Council Member Vasquez abstained due to his absence from the April 5, 1994, meeting. 2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES OF APRIL 5, 1994 The Minutes of the Regular Meeting of April 5, 1994, were approved as submitted. Council Member Vasquez abstained due to his absence from the April 5, 1994, meeting. 3. RECEIVE AND FILE WARRANTS OF APRIL, 1994 (300.30) The List of Demands dated April 5, 1994, in the total amount of $30,093.39, and the List of Demands dated April 13, 1994, in the total amount of $1,030,932.06, were received and filed. 4. APPROVAL OF FINAL MAP AND SUBDIVISION AGREEMENT PARCEL MAP 92-253 (HARBIN) (600.30) Asset forth in the Report dated May 3, 1994, from the Director of Engineering and Building, Final Map 92-253 was approved based on the finding that the Map was in conformance with the Subdivision Map act, the conditions set forth by Resolution No. 93-9-21-2, and with the April 19, 1994, City Council approval to defer the Parks and Recreation fees until the issuance of building permits. The City Engineer and City Clerk were authorized to execute the Final Map. The Mayor and City Clerk were authorized to execute the Subdivision Agreement. The City Clerk was directed to forward both documents to the Orange County Recorder. PUBLIC HEARINGS -None RECESS AND RECONVENE Council recessed at 8:40 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:41 p.m. ADMINISTRATIVE ITEMS APPROVAL OF PARTICIPATION IN PLANNING PHASE OF THE NATURAL COMMUNITIES CONSERVATION PROGRAM FOR COASTAL SAGE SCRUB COMMUNITIES (600.50) Written Communications: Report dated May 3, 1994, from the Director of Planning, advising that the County had requested the City's participation in the planning phase of the Natural Communities Conservation Program. The Natural Communities Conservation Planning Program was established by California law under the Natural Communities Conservation Planning Act of 1991 (Assembly Bill 2172) as an alternative to the State Endangered Species Act single species protection program. The purpose of the State-wide Natural Community Conservation Planning ' Program is to provide for regional natural community habitat -based protection and perpetuation of natural City Council Minutes -3- 513194 328 wildlife diversity, while allowing compatible and appropriate development growth. The Report forwarded a Resolution approving the City's participation in the Program and a proposed Memorandum of Agreement. Bill Ramsey, Senior Planner, made an oral presentation. Tim Neeley, County project manager, clarified that the proposed Planning Phase Agreement would set the ground niles between the County, State and Federal agencies; it would not commit the City to anything else in terms of participation other than working together. The City would not be obligated to participate in the second phase. The second phase is the implementation phase. That phase would allocate responsibilities and funding. The City Manager noted that this project was supported by traditional enemies, i.e., developers, and environmentalists. Mr. Neeley advised that the City's participation would allow for smaller -scale development in coastal sage scrub areas to proceed without going through the Federal permit process. The Director of Planning felt it would be advantageous to be involved at this point when costs were being borne by the Federal government. He further noted that the City's open space contains areas of gnatcatcher habitat. Without participation in this program, any proposal to manage the open space lands would require the City to go through the process to obtain Federal Fish and Game permits. In response to Council Member Vasquez's desire to hear the environmental point of view, Mr. Neeley advised that the Laguna Greenbelt has been involved; that the environmental community is monitoring the program but will not make a commitment until the program is finalized. Council Member Jones felt it was important for the City to participate for financial reasons, to stay abreast of the issues, and for the ability to influence the process. Motion to Approve City's Participation in Program Failed: It was moved by Council Member Jones, seconded by Mayor Campbell to approve the City's participation in the planning phase of the natural communities conservation program for coastal sage scrub communities. The motion failed with CouncilMember Jones and Mayor Campbell voting in the affirmative ad Council Members Nash and Vasquez voting in the negative. Council Member Vasquez reiterated his desire for more information from the environmentalists' point of view. Continuation of Item: It was moved by Council Member Nash, seconded by Council Member Vasquez and carried with Council Member Jones voting in the negative, to continue the item to the meeting of May 17, 1994. ORDINANCES 1. APPROVAL OF AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE - ADOPTING 1991 EDITIONS OF CERTAIN UNIFORM CODES (450.30) Written Communications: Report dated May 3, 1994, from the City Clerk, advising that the Ordinance was introduced at the meeting of April 19, 1994, 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 Nash, seconded by Council Member Vasquez, that the following Ordinance be adopted: ORDINANCE NO. 746, AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE - ADOPTING 1991 EDITIONS OF CERTAIN UNIFORM 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 1991 EDITIONS OF THE UNIFORM ADMINISTRATIVE CODE, UNIFORM BUILDING CODE, UNIFORM PLUMBING CODE, UNIFORM MECHANICAL CODE, AND THE NATIONAL ELECTRICAL CODE City Council Minutes -4- 5/3/94 The motion carried by the following vote I AYES: Council Members Jones, Nash, Vasquez and Mayor Campbell NOES: None ABSENT: Council Member Hausdorfer 2. APPROVAL OF AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - ADOPTING 1991 EDITION OF UNIFORM FIRE CODE (540.30) Written Communications: Report dated May 3, 1994, from the City Clerk, advising that the Ordinance was introduced at the meeting of April 19, 1994, 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 Nash, seconded by Council Member Vasquez, that the following Ordinance be adopted: ORDINANCE NO. 747, AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - ADOPTING UNIFORM FIRE CODE, 1991 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, 1991 EDITION, WITH APPENDICES; THE UNIFORM FIRE CODE STANDARDS 1991 EDITION; AND AMENDMENTS THERETO The motion carried by the following vote: AYES: Council Members Jones, Nash, Vasquez and Mayor Campbell NOES: ABSENT: COUNCILMANIC ITEMS None Council Member Hausdorfer APPOINTMENT OF ONE MEMBER (RESIDENT REPRESENTATIVE) TO THE MOBILE HOME PARK REVIEW COMMITTEE (110.20) Written Communications: Report dated May 3, 1994, from the Council Services Manager, advising that the vacancy had been advertised and one application had been received. Advertising Continued: It was moved by Council Member Nash, seconded by Council Member Vasquez and unanimously carried to direct the City Clerk to continue advertising for applications to fill the vacancy. ' 2. ORAL REPORTS OF OUTSIDE AGENCIES, None City Council Minutes -5- 5/3/94 329 330 COUNCIL COMMENTS 1. SIGN REGULATIONS (410.40) Council Member Jones requested enforcement of temporary sign regulations relating to political signs being placed in the City. 2. RAILROAD TRACK FENCING (820.45) Council Member Vasquez noted an increase in pedestrians on the railroad tracks through the Los Rios Area and requested consideration of fencing the railroad right-of-way. The City Manager advised that talks have begun with the Orange County Transportation Authority regarding fencing and Council will be provided an update. 3. BIRTHDAY CELEBRATION Council Member Nash complimented Mayor Campbell for initiating Monsignor Martin's birthday celebration. Council recessed to a Closed Session at 9:33 p.m. for the following purposes, as authorized by statute: 1. Conference with Legal Counsel - Existing Litigation, pursuant to Government Code Section 54956.9 for the cases known as (1) Atchison, Topeka & Santa Fe Railway Company v. State Board of Equalization, et al; (2) De Vita v. County of Napa, request for amicus participation; and (3) City of San Juan Capistrano v. Southern California Joint Powers Insurance Agency. 2. Conference with Real Property Negotiator, pursuant to Government Code Section 54956.8, for property located at 31421 La Matanza, San Juan Capistrano, with Orange County, negotiating party, to consider price and terms of payment. 3. Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 549566.9(b), for significant exposure to litigation in four cases. 4. Public Employee Discipline/Dismissal/Release, Government Code Section 54957. The City Clerk was excused from the Closed Session and the meeting reconvened at 11:14 p.m. CLOSED SESSION REPORT The City Attorney advised there was action to report on the following Closed Session items: CONFERENCE WITH LEGAL COUNSEL (170.10) De Vitay. County of Napa, request for amicus participation - the City Council unanimously agreed to join with the amicus brief representing the League of Cities and other amicus patties on the case. City of San Juan Capistrano v. Southern California Joint Powers Insurance Agency - the City Council received a report on the recent appeal court decision and unanimously decided to not appeal further. City Council Minutes -6- 5/3/94 331 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, May 17, 1994, at 7:00 p.m. in the City Council Chambers. Respectfully submitted, `101, yL� ImWe Mai;Int • City Council Minutes -7- 5/3/94