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94-0607_CC_Minutes_Regular Meeting353 JUNE 7, 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 7:10 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Dan Moncton of the Ocean Hills Community Church. ROLL CALL: PRESENT: Collette 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; Lt. Paul Sullivan, Orange County Sheriffs Department; Nancy Bernardi, Recording Secretary. u t Y t t aDinIl Y Y 9►l1% It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried that all Ordinances be read by title only. PRESENTATIONS AND COMMENDATIONS OAKS SPRING CLASSIC EQUESTRIAN EVENT (930.40) Council Member Hausdorfer noted that the Oaks Spring Classic had been held on June 4-5, 1994, and expressed appreciation to Joan Irvme Smith for her contributions. He advised that the Spring Classic would benefit water research. Ms. hvme-Smith stated that the Spring Classic would be televised on "Horse World" during the month of July, and that the fall Classic was scheduled for September 18, 1994, to benefit the UCI Foundation for Medical Research. [ 7�[.9b1`►YY:I I (OWKII&K10tuLIJNVV4 WW(114)WaVYW;i•IIQ[t]CIt]i Written Communication: Report dated June 7, 1994, from Carole Jacklio, Council Services Manager, noting that Marge and Mike Madigan had been selected by the Mayor to receive Community Service Awards in recognition of thea many contributions to the community. Marge and Mike Madigan were present to receive the Awards from Mayor Campbell and expressed their appreciation to the Council. ul 1 Y: • I I 1 ' Ed Johnston, 26445 Paseo San Gabriel (Capistrano Villas No. 2), reported on the positive results of the new parking -by -permit -only program approved by the Council on January 18, 1994. He stated that the parking City Council Minutes 1- 6/7/94 354 situation at the Villas had improved dramatically during both day and night and felt that the positive impacts would extend to other neighborhoods in the community. He expressed appreciation to the Council and the — Sheriffs Department for their support. Dana Dalpiaz, 26495 Calle San Francisco, concurred with Mr. Johnson's comments and stated that the noise and hours of late-night parties had been greatly reduced as a result of the parking restrictions. R"LaV1011d"I ..1 Dr. Gene Atherton. 1081 N. Pacific Coast Highway, Laguna Beach, suggested that public financing be used to help finance the campaigns of non -incumbents running for office to make it a more fair process. He cited problems with lack of action on mass transit issues, elimination of mandatory affordable housing and homelessness. He suggested that cities join together to use public funds to help resolve problems with homelessness and lack of affordable housing, suggesting that the former El Toro Marine Corps Air Station site could be used to house the homeless and as a job training center. Michael Palmer, 31871 Los Rios Street, explained that a stop work order had recently been issued on his relocation/rehabilitation work on the historic Hankey house by the City Building Official. He stated that nothing detrimental had been done to the house and requested the Council's assistance in resolving this matter as soon as possible. Mr. Scarborough stated that it was his preliminary understanding that the stop work order was issued because work had begun without permits and damage occurred to the integrity of the house. He indicated he would meet with Mr. Palmer on June 8 to resolve these issues. . � 91`►C�'l.•�aYLlZ�7:CaYtEirilarL]1 Pauline Leonard, 27589 Brookside Lane, Director of the Mary Erickson Foundation and member of the San Juan Housing Advocates, expressed strong concern regarding the lack of affordable housing in the City and urged that the City address this issue now. She advised that funding would not come from the City's operating budget, but from funds already accumulated that can only be used for the development and preservation of low-income housing. She suggested that the City staff prepare a long-term solution to the Los Rios rentals and proposed units in Little Hollywood and consider the purchase of a mobile home park. She stated that the Mary Erickson Foundation is open to joint ventures in projects and management. She noted that the Cities of San Clemente, Dana Point, and Laguna Beach had provided pre -development funds to the Foundation with which they employed a part-time consultant for affordable housing. She requested" the City recognize the Mary Erickson Foundation as a community-based organization for low-cost housing. Council Member Hausdorfer concurred that this issue needs to be a priority, noting that already South Orange County was becoming unaffordable for young people and senior citizens. Ellie Tregarthen, 27625 Summerfield Lane, member of San Juan Housing Advocates, cited statistics revealing that 30% of the population of San Juan Capistrano has low or very low incomes. She advised that low income is defined as earnings of less than 536,757 per year. She advised that an annual income of 534,600 was required to pay the current market rate median rent of $865 per month, spending 30% of the monthly income on housing. She cited the City's salary schedule as an example, noting that a number of positions did not earn enough to pay the median rent. She felt that providing affordable housing would benefit the entire community by relieving overcrowding conditions and allow families to spend their money on other needs. It was moved by Council Member Jones, seconded by Council Member Hausdorfer, 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- 6/7194 355 AYES: Council Members Hausdorfer• Jones, Nash. Vasquez, and Mayor Campbell I NOES: None ABSENT: None The Minutes of the Regular Meeting of May 3. 1994, were approved as submitted. Council Member Hausdorfer abstained. • • •uwuu •plus'ul 1►l r •�uI 1 • u: ", The Minutes of the Regular Meeting of May 3. 1994, were approved as submitted. Council Member Hausdorfer abstained. BEENUMOAVA •N a 211 a WWW"49,21• u: "• 11 1 The List of Demands dated May 20, 1994, in the total amount of $1,282,569.60 were received and filed. ';_• • i-.�I[Ia .7r;Irc/� : ►I• . •%M. •C J;iY./;�r • ♦ • l I• •lr el : .11 1 As set forth in the Report dated June 7, 1993, from the Director of Engineering and Building, the plans and ' specifications were approved for the rehabilitation of Camino Capistrano from Del Obispo Street to Ortega Highway and the rehabilitation of Del Obispo Street from Camino Capistrano to Ortega Highway. Staff was authorized to call for bids. 5. ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAM (OCCTFP) ANNUAL CONSISTENCY RE. W. CITY'S MASTER PLN OF STREETS AND HI HWAYS (MP HI. AND COUNTY'S MASTER P . N OF ARTERIAL HI HWAY MAID (820.25) As set forth in the Report dated June 7, 1994, from the Director of Engineering and Building, the following Resolution was adopted finding consistency between the City's Master Plan of Sheets and Highways/Circulation Element and the County's Master Plan of Arterial Highways in order to maintain eligibility for participation in the Orange County Combined Transportation Funding Program: T. • r • • : ►t►l • r•tM 01 • RESOLUTION OF THE CRY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF SAN JUAN CAPISTRANO 6. RESOLUTION APPROVING ALLOCATION OF YEAR 1 (FISCAL AR 1992-9) HOME FUNDS (480.20) As set forth in the Report dated June 7, 1994, from the Director of Planning, the following Resolution was adopted approving the proposed allocation of Year 1 (FY 1992-93) HOME funds in the amount of $80,000 for the rehabilitation of mobile homes of moderate- and low-income households within the City: Citv Council Minutes -3- 6/7/94 356 RESOLUTION NO. 94-6-7-2. APPROVING ALLOCATION OF YEAR 1 (FISCAL YEAR 1992-1993 HOME FUNDS FOR THE REHABILITATION OF MOBILE HOMES OF MODERATE- AND LOW-INCOME HOUSEHOLDS WITHIN THE CITY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ALLOCATION OF THE YEAR 1 HOME FUNDS FOR THE REHABILITATION OF MOBILE HOMES. WITH A TOTAL GRANT AMOUNT OF $80,000 7. DENIAL OF CLAIM - GENERAL DAMAGES (ROSAt IE H JOHNSON) (170 10) The claim received by the City on May 5. 1994, from Rosalie H. Johnson for general damages was denied, as set forth in the Report dated June 7, 1994, from the City Attorney. COMMISSION REPRESENTATION (110.10) Mayor Campbell introduced the following Commission representatives in attendance: Wyatt Hart of the Planning Commission and Pauline Leonard of the Parks. Recreation, and Equestrian Commission. PUBLIC BEARINGS P o os : Consideration of a request to approve a General Plan Amendment to redesignate the property located at 27401 Ortega Highway from 1.2 (Low Density Residential) to SS (Special Study); a Rezone from Small Estate (ES) to Precise Plan (PP); and, a Precise Plan to continue the operation of an existing retail nursery. Applicants/Pronerty Owners: Leroy and Barbara Stevens 27401 Ortega Highway San Juan Capistrano, CA 92675 Written Communications: (1) Report dated June 7, 1994, from the Director of Planning, recommending that the proposed General Plan Amendment, Rezone, and Precise Plan be approved based on the compatibility of proposed land uses with surrounding, existing land uses and the proposal's consistency with the City's General Plan and Municipal Code. (2) Letter dated June 4, 1994, from Joan Scaramino, 27441 Ortega Highway, requesting that the public hearing be continued to allow a more thorough consideration of certain matters of concern. Exhibits were on display, and C. J. Amstrup, Assistant Planner/Project Manager, made an oral presentation. He noted a telephone call received from Ray Tendall in support of the project. Public Hearin¢: Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the following persons responded: (1) The applicant, Barbara Stevens, concurred with the recommendations proposed by staff, with the following exceptions: (a) That the sales and display of other merchandise be allowed at the rear of the site and, (b) that another option for public access be permitted, e.g. entry drive to La Novia if the intersection becomes signalized. Citv Council Minutes -4- 6/7/94 357 The Director of Engineering and Building stated he supported the concept of the entry drive to La ' Novia if designed and constructed by the applicants, subject to the discretionary approvals of the City Engineer and Caltrans. (2) Jim Hillier, 27379 Ortega Highway, expressed concern that the proposed language regarding other commercial uses was too vague and might allow undesirable commercial uses in the future. (3) Ellie Tregarthen, 27625 Summerfield Lane, complimented the applicants for their improvements to the property. (4) Sal Scarantino, 26215 Paseo Manana, requested that the City verify whether the applicants actually live at this location. He expressed concern regarding the difficulty large trucks have in making deliveries to the nursery. (5) Clair Reed, 27444 Ortega Highway, noted that she lived next door to the subject property. She expressed concern regarding the impact on her property value as a result of the commercial uses proposed. She felt that the site has become unattractive, with large sacks of fertilizer stacked in front of the property and plants in need of watering. She noted that large trucks cannot access the rear of the property for deliveries. (6) Joan Scarantino, 26441 Ortega Highway, requested that the questions raised in her letter of June 4, 1994, be addressed. In addition, she inquired how events at the nursery could be limited to 100 people. (7) Phyllis Hess, 27453 Ortega Highway, stated that she opposed a commercial use at this location and preferred that the lot be developed as residential. ' Mr. Tomlinson addressed the questions raised in Ms. Scarantino's letter. He stated that traffic issues had been thoroughly addressed by staff and the Transportation Commission and their recommendations included in support of the project He stated there were several locations in the City that have low-density residential directly adjacent to a commercial use and that nurseries were generally identified in the General Plan as compatible with agricultural -type uses which are similar to the low -intensity uses within this community. He advised that other types of rises would be accessory uses that must be incidental to the primary use and must meet certain findings before they would be acceptable. Council Discussion: Council Member Hausdorfer expressed concern regarding the possibility of additional office buildings being constructed, which is not what the Council intended for the site. Mr. Tomlinson suggested that office use be clarified as an incidental use. Council Member Vasquez concurred. He also expressed concern that the site's special events would create traffic and noise problems and suggested that any amplification be limited to no later than 6:00 p.m He felt that the use, as currently proposed, went beyond what was originally intended for the site and would adversely affect the surrounding neighborhood. Council Member Nash concurred and felt the use should be limited to a nursery only to limit adverse impacts to the neighborhood. She suggested that special events be limited to a certain number per year to avoid weekly events. She opposed the display and sales of antiques and classic equipment and vehicles as they would reduce the amount of space for "green" items. She recommended that the proposed tea garden be eliminated since a restaurant was never intended for this site and would be inappropriate next to a residential neighborhood. She felt that the proposed provision for small scale convenience retail and service not listed as a principal or conditional use should be eliminated. She expressed concern that too much lighting would adversely impact the neighborhood and suggested that night lighting be prohibited. Council Member Jones felt that the nursery next to his residence was a "good neighbor" and was compatible with the nearby residential neighborhood. He felt that the lighting for the nursery needed to be addressed in terms of safety. ' Council Member Hausdorfer suggested that the hearing be continued to address the concerns expressed by the neighbors and the Council. He felt that the uses had been expanded from the primary nursery use that was City Council Minutes -5- 6/7/94 358 originally proposed and suggested that some of the proposed accessory uses, including retail office uses, be eliminated altogether. Council Member Vasquez suggested that special events be eliminated. Continuation of Public Hearing: It was moved by Council Member Hausdorfer, seconded by Council Member Jones, and unanimously carried that the public hearing be continued to the meeting of July 5, 1994. The following item was heard out of order on the Agenda at the request of Council Member Hausdorfer. ADMINISTRATIVE ITEMS t t' I A ulaw►hLt INITIATION OF AMENDMENT TO THE MUNICIPAL CODE - REVISING USES IN THE GENERAL CO RCIAL (CG) DISTRICT AND ADOPTION OF AN URGENCY ORDINANCE PROHIBITING PROCESSING OF CERTAIN DEVELOPMENT APPLICATIONS IN THE CG DISTRICT (420.30) Written Communication: Report dated June 7, 1994, from the Director of Planning, recommending that a Municipal Code Amendment study be initiated to consider whether certain uses currently allowed in the General Commercial District are compatible and consistent with the General Plan. The Report also recommended that an Urgency Ordinance be adopted instituting a moratorium prohibiting the processing of development applications for these uses for 45 days to allow staff to study the issue and allow public review of any proposed revisions. Mr. Tomlinson made an oral presentation. He noted that a proposal for a Goodyear Tire dealership within the Mission Village Center was the only pending application that would be impacted by the proposed moratorium. (1) Thomas Merrell of Civic Solutions, 31726 Rancho Viejo Road, Suite 223, representing Henry Kumagai, submitted a written chronology outlining the Mr. Kumagai's completion of the planning process for his Goodyear store to date, including a total of $50,000 in non-recoverable funds expended. He noted the financial hardship the applicant would suffer if the Lire dealership use were not permitted at this point in the planning process and requested that the proposed Urgency Ordinance exempt Mr. Kumagais application. (2) Henry Kumagai, applicant for a Goodyear tire dealership at the Mission Village Center, stated that he has worked with City staff since July 1993 on this application and had always been advised that the tire dealership use was a permitted use in the CG District. He indicated that had the Urgency Ordinance been adopted a few months ago, he could have withdrawn from the purchase of the property. However, at this point in time he could not withdraw from the project without extreme financial hardship. He requested that his application be exempted because of the severe financial hardship it would create. Council Member Hausdorfer felt that although atire dealership was inappropriate for the location, Mr. Kumagaks application should be exempted from the proposed Urgency Ordinance since it would be extremely unfair to impose a financial hardship on Mr. Kumagai at this stage in the planning process. Council Member Jones concurred and urged Mr. Kumagai to follow through on any conditions of approval and to be sensitive to the community. Council Member Nash suggested that a compromise be reached with Mr. Kumagai to strictly mitigate noise impacts from the dealership's open bays. Council Member Vasquez noted that the Council preferred a more upscale retail environment for the center and advised Mr. Kumagai that the City would have strong concerns regarding any potential impacts on the surrounding businesses. Mr. Tomlinson suggested that a new Section 4 be added to the Urgency Ordinance exempting any applications filed prior to adoption of the Urgency Ordinance. City Council Minutes -6- 6/7/94 359 Adoption of Resolution Initiating a Code Amendment Study Re: Revised Uses Putted in the CG District: It was moved by Council Member Hausdorfer, seconded by Council Member Jones, ' that the following Resolution be adopted: RESOLUTION NO 94-6-7-3 INITIATION OF AMENDMENT TO TITLE 9 OF THE MUNICIPAL - QFNMAL COMMERCI&L DISTRICT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING PREPARATION OF DRAFT AMENDMENTS TO TITLE 9, CHAPTER 3, ARTICLE 4 OF THE MUNICIPAL CODE TO UNDERTAKE A STUDY FOR GENERAL COMMERCIAL (CG) DISTRICT GENERAL PLAN CONSISTENCY The motion carried by the following vote: AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: None Adoption of Urgency Ordinance Prohibiting the Processing of Certain Development Applications in the CG District: The City Cleric 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 Hausdorfer, seconded by Council Member Nash, that the following Urgency Ordinance be adopted, with the addition of a new Section 4 exempting any applications filed prior to the effective date of the Urgency Ordinance: ORDINANCE NO. 748 ,ESTABLISHING MORATORIUM - CERTAIN DEVELOPMENT ' APPLICATIONS WITHIN GENERAL COMMERCIAL DISTRICT (URGENCY) - AN INTERIM ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A MORATORIUM ON APPROVAL OF CERTAIN DEVELOPMENT APPLICATIONS WITHIN THE GENERAL COMMERCIAL (CG) DISTRICT OF THE CITY (URGENCY) AYES: Council Members Hausdorfer, Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: None Council Member Hausdorfer left the meeting at 8:45 p.m RECESS AND RECONVENE Council recessed at 8:45 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:47 p.m. The Council recessed again at 8:47 and reconvened at 8:57 p.m. ADMINISTRATIVE ITEMS (CONTINUED) CITY MANAGER 1. INTRODUCTION OF FISCAL YEAR 1994-95 BUDGET AND FIVE-YEAR PROJECTIONS (330,20) ' Written Communication: Report dated June 7, 1994, from the Director of Admmi arative Services, reporting an anticipated deficit rollover budget for FY 1994-95 of $279,106 and recommending $214,307 in reductions, reducing the deficit to $64,799. City Council Minutes -7- 6/7/94 360 Mr. Scarborough provided an overview of the proposed budget, advising that the proposed budget was a rollover budget from Fiscal Year 1993-94. All expenditure projections provided for service levels to be maintained at — previous levels, including cost increases to maintain consistent levels of public safety, insurance and maintenance of facilities constructed in Fiscal Year 1993-94. He advised that one increase was in the service level of the Sheriffs dispatch system Ms. Pendleton gave a more detailed review of the budget and staffs recommendations. Council Member Nash commended staff for their work on the budget, particularly the Community Services Department. She urged that personnel not be reduced and suggested that part-time work be considered rather than cutting personnel. Receipt of Five -Year Budget (FY 1994-99) Document and ApRroval of Budget Reductions: It was moved by Council Member Jones, seconded by Council Member Nash, and unanimously carried that the FY 1994-99 Five Year Budget Document be received; that Community Services staff be directed to continue their analysis of their operations and programming and to return to the City Council in July 1994 with alternatives and recommendations for a budget reduction of $140,000; and, that staffs recommendation be confirmed to alleviate anv remaining deficit through personnel cost reductions. RESOLUTION AMENDING CLASSIFICATION AND COMPENSATION PLAN CREATING THE POSITION OF ASSOCIATE ENGINEER (700.20) Written Communication: Report dated June 7, 1994, from the City Manager, recommending that the position of Associate Engineer be created to replace the former position of Senior Civil Engineer, Traffic, at a salary range of $3,170 to $4,638 per month, resulting in a potential salary savings of $10,704 per year. The position of Associate Engineer would not require traffic engineering registration. Adoption of Resolution Amending Classification and Compensation Plan Creating the Position of Associate Engineer: It was moved by Council Member Vasquez, seconded by Council Member Jones, that the following Resolution be adopted: RESOLUTION NO. 94-6-7-4. AMENDING RESOLUTION NO. 91-9-17-7. THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN (ASSOCIATE ENGINEER) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 91-9-17-7, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN CREATING ONE POSITION - ASSOCIATE ENGINEER The motion carried by the following vote: AYES: Council Members Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: Council Member Hausdorfer DIRECTOR OF PLANNING SERVICES 2. RESOLUTION AUTHOR17.INQ THE ACQUISITION OF : • AND THE INITIATIONOF EMINENT DOMAIN PROCEEDINGS •ale COAST CHRISTIANuG c•NI •u: (670.40) Written Communication: Report dated June 7. 1994, from the Planning Director, recommending that the City initiate eminent domain proceedings required for the Avenida de los Cerritos right-of-way. This condemnation would allow South Coast Christian Assemblv to construct an alternative public access to Rancho Viejo Road for the church. Citv Council Minutes -8- 6/7/94 I I Mr. Tomlinson made an oral presentation. Adoption of Resolution of Necessity InitiatingCondemnation Proceedings: It was moved by Council Member Vasquez, seconded by Council Member Jones, that the following Resolution be adopted: RESOLUTION NO 94-6-7-5 AUTHORIZING ACQUISITION OF PROPERTY AND INITIATION OF EMINENT DOMAIN PROCEEDINGS (AVENIDA LOS CERRITOS) (SOUTH COAST CHRISTIAN ASSEMBLY/HONEYMAN) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA. AUTHORIZING THE ACQUISITION OF PROPERTY AND THE INITIATION OF EMINENT DOMAIN PROCEEDINGS FORA PORTION OF ASSESSOR'S PARCEL NO. 650-142-04 (AVENIDA LOS CERRITOS) (SOUTH COAST CHRISTIAN ASSEMBLY/HONEYMAN) The motion carred by the following vote: AYES: Council Members Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: Council Member Hausdorfer • ; • l : : �t u•]ri;[•71r:r uu:�� � u�a��urr• • • • r raI .ut: • u„� .l� t : • : [l JII; • J�t:lu : : • uI1J1r:: • '1444W410 o ; a 141 ►1• • ur : • �N1u r:; • .... • tura u1 r, • : r • t t t : • • • I! • u Written Communication: Report dated June 7, 1994, from the City Clerk, advising that the Ordinance was introduced at the meeting of May 17, 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 Jones, seconded by Council Member Vasquez, that the following Ordinance be adopted: ORDINANCE NO. 749, DELETING ENVIRONMENTAL REVIEW BOARD. ADMINISTRATOR APPOINTMENT AUTHORITY - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 2, ARTICLE 4 (ADMINISTRATION), TO DELETE THE ENVIRONMENTAL REVIEW BOARD; TITLE 9, ARTICLE 2, SECTION 9-2.202 TO ESTABLISH AN ENVIRONMENTAL ADMINISTRATOR POSITION; AND ARTICLE 4, SECTION 9-2.403 (LAND USE) PROVIDING FOR APPOINTMENT OF THE ZONING ADMINISTRATOR BY THE DIRECTOR OF PLANNING The motion carried by the following vote: AYES: Council Members Jones, Nash, Vasquez, and Mayor Campbell NOES: None ABSENT: Council Member Hausdorfer Citv Council Minutes -9- 6/7/94 361 362 Foothill/Eastem Transportation Corridor (800.50) Council Member Nash reported that the Transportation Corridor Agency was still attempting to obtain funding from the State legislature. b. League of California Cities (140.20) Mayor Campbell indicated she would attend the June 9 meeting in place of Council Member Hausdorfer and vote for Tom Wilson for the Orange County Transportation Authority Alternate. Southeast Regional Reclamation Authority (SERRA) (1040.60) Council Member Vasquez reported that the SERRA Board is in the process of developing a new contract with its manager. In addition, a new chlorine gas scrubber will be installed at the SERRA plant to protect nearby mobile home residents from any chlorine gas leaks. • am• V • C&M .114 4 • -,A LIU..1 1 Findine for Consideration of Off -Agenda Item: At the request of Mayor Campbell, it was moved by Council Member Jones, 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 Campbell requested that she be allowed to write a letter on behalf of the City Council supporting an upcoming bill that would repeal the Inmates' Bill of Rights that was adopted approximately 15 years ago. Council Member Vasquez indicated that although he would support repealing some of inmates' living conditions, he could not support the bill without seeing the text. Approval to Send Letter of Support of Bill to Repeal Inmates' Bill of Rights; It was moved by Council Member Jones, seconded by Council Member Nash, that the Mayor be authorized to write a letter in support of the bill to repeal the Inmates' Bill of Rights. The motion carried by a 3-1 vote, with Council Member Vasquez in opposition and Council Member Hausdorfer absent. • IN tweall aw W.1• •:u 1,4 W1•:••u 14111 1 Council Member Jones noted that the restroom facilities at the new railroad platform were still locked up and not open for public use. He requested that this matter be resolved as soon as possible. Mr. Huber indicated he would provide the Council with information regarding how the opening of the restrooms could be facilitated. M! wmej a IA .W m wo em wasi M&IM 11 Council Member Nash expressed strong concern regarding the recent cutting of three trees at the Northwest Open Space site at the apparent direction of Jerry Harris, particularly since all trees to be removed had already been carefully tagged by City staff and reviewed by Council Members. She felt that Mr. Harris flagrantly disregarded the direction of the City Council and the Council should not let the action pass without a response and/or a fine for any destruction of City property. She suggested that this matter be agendized for the meeting of June 21, with a staff report to include more detailed facts and recommendations for actions that can be taken. Council Member Jones stated that he personally spoke with Mr. Harris regarding the matter and felt that the Council should hear both sides of the issue before speaking publicly about it as there may have been some miscommunication. Mayor Campbell also felt that a full investigation and report should be made before speaking about it publicly. Citv Council Minutes 10- 6/7/94 363 It was moved by Council Member Nash, seconded by Council Member Vasquez, that the issue of the illegal tree ' removals be agendized for the meeting of June 21. Council Member Vasquez inquired whether any City Ordinance had been violated with the removal of the trees. The City Attomev indicated that cutting of trees in a City park constituted destruction of City property, with enforcement to be directed by the Council. Council Member Vasquez suggested that a report on this matter accompany the report scheduled for June 21 on Mr. Hams' proposal for use of the Northwest site. He withdrew his second to the above motion, and the motion died due to lack of a second. It was a consensus of the Council that the City Attorney be directed to prepare a report for Council information prior to the June 21 meeting regarding the legal aspects of the situation. including available tools for enforcement. CLOSED SESSION Council recessed to a Closed Session at 9:50 p.m. for: 1. Conference with Real Property Negotiator per Government Code Section 54956.8 for property known as "All City Streets," with Dimension Cable TV as the negotiating party, to consider price and terms of payment; Conference with Legal Counsel, Existmg Litigation, per Government Code Section 54956.9, for the case known as Save Our San Juan v. City of San Juan Capistrano, et al; and 3. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(b), for significant exposure to litigation in one case, and Government Code Section 54956.9(c), the initiation of litigation in two cases. The City Clerk was excused therefrom, and the meeting reconvened at 10:57 p.m. Mr. Denhalter advised there was no action to report on any of the items. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:57 p.m. to the next regular meeting date of Tuesday, June 21, 1994, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, CHERYL JOHNSOW CITY CLERK ATTEST: OLLE EBEL , MAYOR City Council Minutes -11- 6/7/94