Loading...
93-0406_CC_Minutes_Regular Meeting$87 "PIL 6, 1993 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPLSTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Ronald Bauer of St. Margaret of Scotland Episcopal Church. ROLL CALL PRESENT: Gil Jones, Mayor Collene Campbell, Council Member Gary L. Hausdorfer, 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, Interim 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; Nancy Bernardi, Recording Secretary. MOTION TO READ BY TITLE ONLY It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, and unanimously carried that all Ordinances be read by title only. 1. PROCLAMATION FOR VOLUNTEER COORDINATION DAY - POINTS OF LIGHT (610.40) Written Communication. Report dated April 6, 1993, from the Council Services Manager, forwarding the Proclamation regarding the City's participation in the Orange County Volunteer Connection Day on April 17, 1993. Approval and Presentation of Proclamation: Mr. King noted announced the following activities in the City scheduled for April 17 in recognition of Volunteer Connection Day- Historic Town Center Workshop No. 3 (8:00 a.m., San Juan Institute), annual trail ride and barbecue fundraiser for the Fran Joswick Therapeutic Riding Center (9:00 a.m. to 5:00 p.m.), and the San Juan Task Force annual fundraiser (6:00 p.m.). Mayor Jones presented the Proclamation to Mr. King. 2. RECOGNITION OF JIM ERICKSON, FORMER PLANNING COMMISSIONER (10.30) Written Communications: Report dated April 6, 1993, from the Council Services Manager noting that it was appropriate to recognize Mr. Erickson for his service on the Planning Commission. Mayor Jones presented a City plaque to Mr. Erickson in appreciation of his service as Planning Commissioner. City Council Minutes 1- 4/6/93 r 3. PRESENTATION OFTHEJOHNR.WILLIAMS PUBLIC SERVICEAWARD(MICHAEL HOY. PRINCIPAL OF SAN JUAN ELEMENTARY SCHOOL) (610.40) Written Communication: Report dated April 6, 1993, from the Council Services Manager, forwarding a recommendation to present Michael Hoy, Principal of San Juan Elementary School, with the 1993 John R. Williams Public Service Award in recognition of his efforts to benefit the children of San Juan Capistrano. Presentation of Award: The award was presented to Mr. Hoy by Mayor Jones. Mr. Hoy expressed appreciation to John and Martha Diaz for their efforts on the PTA, the City Council for actively supporting the San Juan Task Force since its inception, Marlene Draper for her involvement with the Task Force, and Dr. James Flemming for the support of the School District. Mr. and Mrs. Diaz presented Mr. Hoy with a drawing entitled "Team San Juan." The City Council thanked the volunteers in the City for their investment in the lives of young people. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY) 1. FORSTER RV STORAGE (CUP 92-01)(460.70) Larry Culbertson, 32882 Avenida Del Rosal, noted he had filed an appeal of the Planning Commission's approval of the 248 -space Forster RV storage yard located adjacent to Harbor Lane Homes. He re -stated his previous request that Section 9-3304 of the Municipal Code, which allows RV storage facilities in any district in the City subject to a conditional use permit, be repealed. He felt the RV storage facility use was not consistent with the Land Use Code. He felt that the number of spaces approved for the Forster RV lot was excessive and that the lot would be detrimental to surrounding neighborhoods. 2. PRESENTATION TO COUNCIL 1610.40) Monsignor Martin of Mission San Juan Capistrano presented watches and "Beauty and Romance of San Juan Capistrano" videos to the City Council, City Manager, and Planning Director in appreciation of their support and assistance to the church. 3. PRIMA DESHECHA LANDFILL (810.50) Dolores Otting of Five Star Rubbish, 21M Canyon Drive, Costa Mesa, spoke in opposition to the plan being proposed by the County to allow the importation of trash from San Diego and Los Angeles Counties. The proposal includes the closure of all County landfills to the public, with the exception of Prima Deshecha, because of the implementation of Materials Recovery Facilities. She noted that because of the recycling efforts throughout the state, the County now claims there is an abundance of landfill space. She felt that San Juan Capistrano should not become the "dumping ground" for San Diego, Los Angeles, and Orange Counties. Mrs. Otting was given a copy of a proposed letter which would be considered later in the meeting from Mayor Jones dated April 6, 1993, addressed to the Waste Management Commission voicing the City's opposition to any plan to import solid waste from San Diego or Los Angeles Counties to the Prima Deshecha landfill. 4. LAWSUIT AGAINST U.S. (640.30) Susan Early, 619'/2 Marguerite Avenue, Corona Del Mar, spoke regarding her invention of a national telephone voting system and requested the City's assistance in her lawsuit against the U.S. Ms. Early was advised to contact the City Manager's office regarding the matter. City Council Minutes -2- 4/6/93 r CONSENT CALENDAR It was moved by Council Member Nash, 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: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None 1. APPROVAL OF CITY COUNCIL MINUTES a. Adjourned Regular Meeting of March 16. 1993 The Minutes of the Adjourned Regular Meeting of March 16, 1993, were approved as submitted. b. Regular Meeting of March 16, 1993 The Minutes of the Regular Meeting of March 16, 1993, were approved as submitted. 2. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES - REGULAR MEETING OF MARCH 16. 1993 The Minutes of the Regular Meeting of March 16, 1993, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF FEBRUARY 28 AND MARCH 26. 1993 (300.30) The List of Demands dated February 28, 1993, in the total amount of $49,943.74, and the List of Demands dated March 26, 1993, in the total amount of $1,135,599.38 were received and filed. 4. RECEIVE AND FILE CASH BALANCES BY FUND FOR FEBRUARY 1993 (330.5 0) The City Treasurer's Report of Cash Fund Balances for the month of February 1993 in the total amount of $-382,663.87 was received and filed. 5. REPORT OF EQUESTRIAN AND RECREATION TRAILS COMMISSION ACTIONS (930.40) The Report dated April 6, 1993, from the Director of Community Services, regarding actions taken at the meeting of March 8, 1993, was ordered received and filed. 6. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50) The Report dated April 6, 1993, from the Planning Director, regarding actions taken at the meeting of March 25, 1993, was ordered received and filed. 7. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated April 6, 1993, from the Director of Community Services, regarding actions taken at the meeting of March 15, 1993, was ordered received and filed. City Council Minutes -3- 4/6/93 8. REPORTS OF PLANNING COMMISSION ACTIONS (440.40) The Reports dated April 6, 1993, from the Director of Planning Services, regarding actions taken at the meetings of March 9 and March 23, 1993, were ordered received and filed. 9. REPORT OF SERRA BOARD ACTIONS (440.40) The Report dated April 6, 1993, from the Director of Engineering and Building, regarding actions taken at the meeting of February 11, 1993, was ordered received and filed. 10. RESOLUTION. APPROVAL OF APPLICATION FOR GRANT FUNDS (SENATE BILL 821)(930.50) As set forth in the Report dated April 6, 1993, from the Director of Engineering and Building, the following Resolution was adopted approving the application for Senate Bill 821 grant funds for the maintenance of portions of the Calle Arroyo and El Camino Park bike trails ($85,000) and the construction bike trail under the railroad bridge at San Juan Creek ($366,525): RESOLUTION NO. 93-4-6-1. APPROVAL OF APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS AND ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN (SENATE BILL 821) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE SENATE BILL 821 PROGRAM FOR MAINTENANCE OF CALLE ARROYO AND EL CAMINO PARK BIKE TRAILS AND BIKE TRAIL UNDERCROSSING OF RAILROAD BRIDGE AT SAN JUAN CREEK IL RESOLUTION ESTABLISHING 'NO SKATEBOARDING -AT PI.AZADEL OBISPO, DEL OBISPO STREET (STROSCHER) (590.10) As set forth in the Report dated April 6, 1993, from the Director of Engineering and Building, the following Resolution was adopted establishing "No skateboarding" for Plaza Del Obispo at the request of the property owner: RESOLUTION NO. 93-4-6-2. ESTABLISHING "NO SKATEBOARDING" AREA - STROSCHER PROPERTIES/PLAZA DEL OBISPO - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A "NO SKATEBOARDING" AREA AT 31878 AND 31882 DEL OBISPO STREET PURSUANT TO CHAPTER 23, TITLE 5 OF THE MUNICIPAL CODE (PLAZA DEL OBISPO/STROSCHER PROPERTIES) 12. RESOLUTION DESIGNATING AUTHORIZED REPRESENTATIVE FOR REIMBURSEMENT FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND STATE OFFICE OF EMERGENCY SERVICES (OES) FOR FLOOD DAMAGE (550.10) As set forth in the Report dated April 6, 1993, from the Interim Director of Administrative Services, the following Resolution was adopted designating the City Manager or the Interim Director of Administrative Services to complete the City's application for reimbursement in the amount of $585,000 from FEMA and OES for damages in the City as a result of the heavy winter rains: City Council Minutes -4- 4/6/93 291 RESOLUTION NO. 93-4-6-3. DESIGNATING AN AUTHORIZED REPRESENTATIVE (FEDERAL EMERGENCY MANAGEMENT AGENCY AND STATE EMERGENCY SERVICES) - A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING AN AUTHORIZED REPRESENTATIVE FOR THE PURPOSE OF OBTAINING FUNDS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND STATE OFFICE OF EMERGENCY SERVICES Orange County was declared a federal disaster area in January, 1993, making the City eligible for reimbursement for storm damage. The following item on the Consent Calendar was considered separately, at the request of Council Member Nash. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60) Council Member Nash received clarification regarding the action taken by the Design Review Commission regarding the Capistrano Business Plaza. It was then moved by Council Member Nash, seconded by Council Member Hausdorfer and unanimously carried to receive and file the Report dated April 6, 1993, from the Planning Director, regarding actions taken at the meeting of March 24, 1993. PUBLIC HEARINGS The Public Hearings were held out of order from the Agenda. 1. APPEAL OF DESIGN REVIEW COMMISSION ACTION OF FEBRUARY 3. 1993, DELETING PROPOSED SIGNAGE FROM THE WEST ELEVATION OF THE CAR DEALERSHIP BUILDING AT THE PRICE CLUB PLAZA LOCATED AT 33949 DOHENY PARK ROAD. ARCHITECTURAL CONTROL 87-1 (THE PRICE COMPANY) (41060) Pronosal: Consideration of an appeal of the February 3, 1993, Design Review Commission condition of approval which deleted all signage from the west side (rear) of the building for the Weseloh Ford dealership. The Design Review Commission based its action on the signs not providing useful identification to motorists on adjacent streets or patrons of the Price Club Center and not being consistent with the intent of the Municipal Code to limit sign proliferation in the City. Appellant: The Price Company P.O. Box 85466 San Diego, CA 92186-5466 Written Communications: (1) Report dated April 6, 1993, from the Planning Director, recommending that the appeal be denied based on the signs' inconsistency with the Community Design Element of the General Plan, their noncompliance with all provisions of Title 9 of the Municipal Code, and their inconsistency with general design considerations. (2) Letter dated April 6, 1993, from Lois Miller, Vice President of Planning for The Price Company, requesting that the hearing be continued at the request of Mr. Weseloh. Mr. Tomlinson noted that Mr. Weseloh requested a 60 -day continuance to the meeting of June 1, 1993. City Council Minutes -5- 4/6/93 292 Continuation of Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing. There being no response, it was moved by Council Member Campbell, seconded by Council Member Nash, and unanimously carried that the hearing be continued to the meeting of June 1, 1993. 2. CONSIDERATION OF REZONE 91-2. VESTING TENTATIVE TRACT 14398, GROWTH MANAGEMENT 91-1. HILLSIDE MANAGEMENT 91-7. AND CERTIFICATION OF DRAFT SUBSEQUENT ENVIRONMENTAL IMPACT REPORT 90-2. FOR PROPERTY DEVELOPMENT) (440.25/460.20/440.50/ " . 1 .20 y/a.Fs/V (CONTINUED FROM MARCH 2. 1993) Proposal Consideration of a request to develop 79 custom residential lots on 99 acres located at the easterly terminus of Camino las Ramblas. The project includes a request to rezone approximately 36 acres from Growth Management (GM) to Single Family District (RS) and approximately 63 acres from Growth Management to Open Space Preservation District (OS); a Vesting Tentative Tract to allow the subdivision of 79 residential lots; Hillside Management for review of grading and landform; Ridgeline Exception to allow grading, streets, and lots within 200 feet of a designated ridgeline; Growth Management for residential allocation; and certification of Draft Subsequent Environmental Impact Report. The public hearing was continued from the meeting of March 2, 1993, to refer to the Planning Commission for review and recommendation the applicant's "February 24 alternative". The proposed General Plan Amendment for this project had been denied at the Council meeting of March 2, 1993. Applicant Concorde Development 19752 MacArthur Blvd., Suite 240 Irvine, CA 92714 Written Communications: (1) Report dated April 6, 1993, from the Planning Director, outlining the issues involved with this project. The report specifically responded to concerns expressed regarding the precedent - setting potential of the proposed project and to a letter from the Connemara development identifying 10 concerns with the project. At their meeting of March 23, 1993, the Planning Commission reaffirmed their previous action for approval of their previously -recommended plan alternative due to preservation of the predominant knoll at the intersection of Kinkerry and Camino Las Ramblas. Staff continued to recommend the applicant's February 24 alternative because of less site disturbance, more effective consolidation of natural open space, and reduction in the amount of grading within 200 feet of the designated ridgeline. (2) Four additional conditions recommended by staff for the Resolution approving the Vesting Tentative Tract Map regarding a) proof of soils subsidence insurance, b) hold -harmless clause, c) general liability insurance coverage, and d) Geological Hazard Abatement District. Exhibits were on display, and Dick Bobertz, Planning Manager, made an oral presentation. A slide presentation was given showing the geological aspects of the site. He noted that staff has been working to resolve the concerns expressed in the letter dated March 15, 1993, from Connemara residents and discussed the conditions included in the approvals of the project. With regard to Condition No. 4 of the resolution approving the Vesting Tentative Tract Map, he corrected all references to Lot 7 to "Lot 6," and "480 -foot elevation" was corrected to "485 -foot contour elevation." He explained that Condition No. 4 had been modified at the request of the applicant to dedicate all of Lot 6 located above the 485 - foot elevation to the City. The four conditions noted in (2) above were added to protect residents in the event of a slope failure and to protect the City in the event of a lawsuit against the City. In response to an inquiry by Mayor Jones, Mr, Bobertz stated that the open space area in Lot 6 would be left in a City Council Minutes -6- 4/6/93 293 natural state. Mr. Tomlinson explained the reasons staff continued to recommend the applicant's February 24 alternative, those being consolidation of site, less impact to views from Connemara, less grading, and less encroachment into the 200 -foot buffer area of the ridgeline. Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and the following persons responded: (1) The applicant, Dennis Gage, President of Concorde Development, concurred with the staff recommendation to approve the applicant's February 24 alternative and with proposed conditions of approval. He requested that the additional insurance conditions proposed by staff include a requirement for approval by the City Attorney; staff concurred. (2) Candace Wood, 33811 Kinkerry lane, expressed concerns regarding the safety of residents from the area wildlife, stating that she felt that safety could not be guaranteed. She further cited concerns for potential for slope failure, noting that approximately ten homes in Connemara are slipping to the right after only five years. (3) Charles Schwab, 33741 Shannon Lane, Vice President of the Connemara Homeowners Association, stated that the homeowners association has opposed this project and all of its alternatives from the beginning because of the tremendous amount of landform alteration proposed, ridgeline encroachment, and maximization of density for housing. He felt that a project with lower density could be built and still be financially feasible. He inquired whether the applicant was current on its account with the City; Mr. Scarborough indicated that the applicant was current to date. (4) David Faucher, 33831 Shannon Lane, felt that the project was not marketable because of limited or no views, potential for land slippage, and the possibility of a 22 -foot retaining wall. (5) Judy Jensen, 33771 Kinkerry Lane, received clarification that horse trailers for the equestrian staging area at the end of Camino Las Ramblas would be parked on site within the staging area. She cited concerns at what might happen when the area wildlife are left with limited access to running water. She stated that if the project is approved the City should listen to residents in the area when they feel something is going wrong, and noted money -saving shortcuts taken by the developer of Connemara which have caused problems for the residents. (6) Ken Combs, 27662 Dungarvin Lane, spoke in opposition to the project because of its substantial geological constraints and environmental impacts. He felt that cutting across the section where an ancient landslide is located could cause the slide to reactivate and that excavating the alluvial fill could create problems. He requested that the interests of both the Connemara residents and the future residents of this development be protected by increasing the minimum amount required for insurance from $1 million to $10 million to be able to cover damages should problems arise. (7) Ted Yarbrough, 33831 Blessington Lane, questioned the reliability of the soils subsidence insurance company proposed by the applicant, particularly since there was no firm in California which writes that kind of insurance. He felt that the work on this project to date was preliminary and that concerns expressed by residents should be more fully addressed. (8) Ida Wassehnan, 33811 Limerick Lane, requested that the ridgeline be left as is. She felt that the proposed lots were too small and would be incompatible with the beauty and dignity of the Connemara project. She expressed concerns with traffic and impacts on wildlife. City Council Minutes -7- 4/6/93 (9) In rebuttal, Dennis Nelson, Director of Planning for Concorde Development, stated that it was not the applicant's intent to maximize the lots at this site but to provide a good project throughout the site. He noted that recent revisions to the plan were to the benefit of Connemara residents, e.g. lowering of lot pads. With regard to drainage concerns, he stated that the project would create a 20% increase in drainage in the area. He advised that the Connemara project had been required to size their drainage facilities to handle development on this project's 99 acres and therefore the basins were over -designed to ensure protection of downstream properties. He noted that the applicant has successfully developed other sites that were more difficult than this with regard to slope instability. With regard to the alluvial removal, the developer will make specific recommendations as to how this would be accomplished, perhaps in smaller segments, to ensure that it is done in a quality manner. He explained that aerial photographs indicated there was a potential for an inactive fault somewhere on the site and the developer would make all efforts to find and stabilize the fault if it did exist. He noted that the project will generate approximately $800,000 in school fees and reduce costs to the City for the future possible extension of Camino Las Rambles. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Discussion: Council Member Hausdorfer spoke in support of the staff recommendations. He noted that although he understood the concerns expressed by Connemara residents, similar objections and concerns were raised when the Connemara project was fust proposed. Staff was commended for their efforts in this project and the residents for their involvement. He noted that soil problems existed throughout the City because of the soil composition. With regard to the amount of insurance, he suggested that the actual amount be worked out with the City Attorney. Mayor Jones felt that the firm providing soils subsidence insurance should be verified. Council Member Vasquez felt that although the applicant's February 24 alternative was an improvement over the original plan, the easterly lots (50-53) should be removed to avoid any encroachment into the ridgeline buffer area. He felt this encroachment would set a precedent for future developments in the City and that he would not support the project as presented proposed. He also suggested that the insurance issues be researched to protect future homeowners. Council Member Nash concurred and suggested that the City Attorney assist in the research. She noted that the Glenfed development was able to successfully buttress its slopes to minimize the amount of slide potential. She preferred the applicant's February 24 alternative because of its lesser impacts to Connemara residents. With regard to Lots 50-53, she felt that the lots should not be deleted but that the houses should be moved outside of the 200 -foot buffer area. She opposed the proposed 22 -foot retaining wall at the base of the slope and 11h:1 slopes. She stated she was assured by staff that during final grading, the top houses could be moved lower and outside of the 200 -foot buffer area, the entire grading could be moved closer to Camino las Ramblas, and the height of the retaining wall could be reduced. Mr. Gage concurred with Council Member Nash's suggestions. Council Member Hausdorfer clarified that no grading or construction was proposed for the ridgeline itself and felt it would not necessarily set a precedent for future projects. Mayor Jones felt the applicant's February 24 alternative was the best project proposed to date for a difficult site. Although he has had many objections to the project since its inception, he stated he would support the plan and watch it very carefully to ensure compliance with conditions. Adoption of Resolution Certifvine SEIR 91-3 and Adontinu Statement of Overridine Considerations and Mitigation Monitoring Plan: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the following Resolution be adopted: City Council Minutes -8- 4/6/93 RESOLUTION NO. 93-4-6-4. CERTIFYING SUBSEQUENT ENVIRONMENTAL IMPACT REPORT 91-3 (CONCORDE DEVELOPMENT) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT 91-3 FOR THE CONCORDE DEVELOPMENT PROJECT, CONSISTING OF GENERAL PLAN AMENDMENT 91-3, ZONE CHANGE 91-2, TENTATIVE TRACT MAP 14398, GROWTH MANAGEMENT REVIEW 91-1, HILLSIDE MANAGEMENT REVIEW 91-2, AND RIDGELINE EXCEPTION REVIEW 93-1 AS ADEQUATE AND COMPLETE AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PLAN (CONCORDE DEVELOPMENT) The motion carried by the following roll call vote: AYES: Council Members Campbell, Hausdorfer, Nash, and Mayor Jones NOES: Council Member Vasquez ABSENT: None Adoption of Remotion Conditionally Anorovine VTTM 14398, HM 91-7, RE 93-1, and GM 91-1 for Applicant's February 24 Alternative: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the following Resolution be adopted, with the additional conditions proposed by staff relating to insurance and Geologic Hazard Abatement District and modifications to include that the insurance requirements be approved by the City Attorney; and, to include a modified Condition A(2) that no structures are to be located within the 200 -foot area of the designated ridgeline: RESOLUTION NO. 93-4-6-5. APPROVING VESTING TENTATIVE TRACT MAP 14398. HILLSIDE MANAGEMENT REVIEW 91-7. RIDGELINE EXCEPTION 93-1. AND GROWTH MANAGEMENT REVIEW 91-1 (CONCORDE DEVELOPMENT) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT 14398, HILLSIDE MANAGEMENT REVIEW 91-7, RIDGELINE EXCEPTION 93-1, AND GROWTH MANAGEMENT REVIEW 91-1 (CONCORDE DEVELOPMENT) The motion carried by the following roll call vote: AYES: Council Members Campbell, Hausdorfer, Nash, and Mayor Jones NOES: Council Member Vasquez ABSENT: None Staff and the City Attorney were directed to review and establish the amount necessary for insurance, to be no less than $1 million, and to verify the soils subsidence insurer. Direction was further given that the 22 -foot retaining wall be eliminated and that the 2:1 slopes or flatter be maintained. Introduction of Ordinance Approving Rezone 91-2: 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 Hausdorfer, seconded by Council Member Campbell, that the following Ordinance be introduced: City Council Minutes -9- 4/6/'.x3 APPROVING REZONE 91-2 (CONCORDE DEVELOPMENT) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 91-2, FROM GROWTH MANAGEMENT (GM) TO SINGLE-FAMILY DISTRICT (RS) AND OPEN SPACE PRESERVATION DISTRICT (OS) (CONCORDE DEVELOPMENT) The motion carried by the following roll call vote: AYES: Council Members Campbell, Hausdorfer, Nash, and Mayor Jones NOES: Council Member Vasquez ABSENT: None RECESS AND RECONVENE Council recessed at 9:57 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 9:58 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. AMENDMENT TO EXTEND ORANGE COUNTY FIRE DEPARTMENT SERVICES CONTRACT FOR ONE YEAR EFFECTIVE JULY 1. 1993 (600.50) Written Communication: Report dated April 6, 1993, from the City Manager, recommending that the agreement with the Orange County Fire Department be extended for a one-year period, during which time alternative organization and funding strategies for fire services will continue to be studied. Approval of Agreement Extension: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and unanimously carried that Amendment No. 3 to the Agreement between the City and the Orange County Fire Department be approved extending the present agreement for a one-year period ending June 30, 1994. 2. REVISION TO COUNCIL POLICY NO. 101 - REHEARINGS FROM CITY COUNCIL 10 Written Communication: Report dated April 6, 1993, from the City Manager, recommending that Council Policy No. 101 be revised for consistency with the new agenda packet distribution schedule. AnItroval of Revised Council Police No. 101: It was moved by Council Member Nash, seconded by Council Member Hausdorfer, and unanimously carried that the revisions to Council Policy No. 101 be approved. 3. MID -YEAR BUDGET ADJUSTMENT (330.20) Written Communication: Report dated April 6, 1993, from the City Manager, providing a mid -year review of the City's 1992-93 operating budget and recommending adjustments. The Report noted that the net effect of the City Council Minutes -10- 4/6/93 297 expenditure reductions, revenue increases and decreases and anticipated additional expenditures was a surplus $1,929. Mr. Scarborough made an oral presentation. Council Member Hausdorfer commended staff for managing the City's resources. Approval of Adjustments to the 1992-93 City Operating Budget: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, and unanimously carried that the proposed adjustments be approved to the 1992-93 City Operating Budget. 4. APPROVAL OF AGREEMENT WITH BIRTCHER PACIFIC FOR LEASE OF PROPERTY (SAN JUAN INSTITUTE) (600.20) Council Member Nash left the Council Chamber due to a conflict of interest. Written Communication: Report dated April 6, 1993, from the City Manager, recommending that the lease agreement between the City and Birtcher Enterprises for lease of the old Bank of America building located in Birtcher Plaza be amended to allow the lease payments that were due from December 1, 1992, to February 11, 1993, to be deferred and applied to a new one-year lease ending February 11, 1994, as requested by Birtcher Enterprises. The Report recommended that the City also enter into a sublease with the San Juan Capistrano Research Institute providing for the Institute to make monthly lease payments directly to Birtcher Enterprises in the amount of $4,153.50, and to assume all monthly costs associated with the lease. Mr. Scarborough made an oral presentation and noted that the City Attorney had reviewed the documents and found them to be complete. Approval of Lease and First Amendment to Lease with Birtcher Enterprises and Sublease with San Juan Capistrano Research Institute: It was moved by Council Member Hausdorfer, seconded by Council Member Vasquez, that: (1) The Lease Agreement and First Amendment to the Lease Agreement between Birtcher Enterprises and the City of San Juan Capistrano be approved for the facility known as the old Bank of America building, in the amount of $1,384.50 per month, for a one-year period commencing February 12, 1993, and ending February 11, 1994; and (2) The Sublease Agreement between the City of San Juan Capistrano and the San Juan Capistrano Research Institute be approved for the same property, in the amount of $4,153.50 per month, for a one-year period commencing February 12, 1993, and ending February 11, 1994. The motion carried with Council Member Nash absent. Council Member Nash returned to the Chamber and resumed her duties. 5. APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR MANAGEMENT EMPLOYEES (730.30) Written Communication: Report dated April 6, 1993, from the City Manager, forwarding the Memorandum of Understanding for the 1992-93 fiscal year for Management Employees. The contract clarifies the use of bereavement leave and sick leave in time of personal necessity and provides for a reimbursement of up to $300 for wellness -related expenses in the existing Optional Benefit Program. Salaries and benefits will be maintained at the levels established in July 1991. City Council Minutes -11- 4/6/93 Mr. Scarborough made an oral presentation. Council Member Vasquez stated that he has not supported the Management Incentive Program in the past and still does not; stated that the Program needed to be seriously addressed; and, stated that the City needs to look at its ability to pay, especially in this economy when everyone is making sacrifices. Council Member Nash concurred and stated that some of the benefits staff has been receiving need to be addressed; that the City wants to keep its staff and perhaps the Management Incentive is one way to do that. Approval of Memorandum of Understanding: It was moved by Council Member Campbell, seconded by Council Member Hausdorfer, and unanimously carried that the Memorandum of Understanding between the City and the San Juan Capistrano Management Employees Association be approved for fiscal year 1992-93. DIRECTOR OF PLANNING SERVICES 1. STATE ASSEMBLY BILL 1327 (810.60) Written Communication: Report dated April 6, 1993, from the Planning Director, recommending the initiation of a Land Use Code Amendment, as mandated by State Assembly Bill 1327 (Solid Waste Reuse and Recycling Access Act), regarding central recycling facilities. Adoption of Resolution Initiating Preparation of Land Use Code Amendment for Central Recycling Areas: It was moved by Council Member Hausdorfer, seconded by Council Member Campbell, that the following Resolution be adopted: RESOLUTION NO. 93-4-6-6. INITIATING AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - CENTRAL RECYCLING FACILITIES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING THE PREPARATION OF AN AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE TO ADD PROVISIONS FOR CENTRAL RECYCLING FACILITIES IN COMPLIANCE WITH STATE ASSEMBLY BILL 1327 The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None City Council Minutes -12- 4/6/93 1. APPROVAL OF AMENDMENT TO SECTION 4-6.501. TITLE 4 "TRAFFIC REGULATIONS" OF THE MUNICIPAL CODE - SPEED LIMITS. LA NOVIA AVENUE. SAN JUAN CREEK ROAD, AND STONEHILL DRIVE (590.30) (ADOPTION) Written Communication: Report dated April 6, 1993, from the City Clerk, advising that the Ordinance was introduced at the meeting of March 16, 1993, and was scheduled for adoption. Adontion 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. 727, AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE, TRAFFIC REGULATIONS - SPEED LIMITS (LA NOVIA AVENUE. SAN JUAN CREEK ROAD, AND STONEHILL DRIVE) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS ON LA NOVIA AVENUE FROM VALLE ROAD TO 1,000 FEET SOUTHWEST OF PASEO AZALEA; SAN JUAN CREEK ROAD FROM AVENIDA LA MANCHA TO THE EASTERLY CITY LIMITS; AND STONEHILL DRIVE FROM THE WESTERLY CITY LIMITS TO CAMINO CAPISTRANO, BY AMENDING SECTION 4-6.501 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None Ae Im a 21 YY 1. RESOLUTION SUPPORTING SENATOR MARIAN BERGESON - STATE SUPERINTENDENT FOR PUBLIC INSTRUCTION (515.10) Written Communication: Report dated April 6, 1993, from the Council Services Manager, forwarding a draft Resolution supporting the confirmation of Senator Marian Bergeson to the non-partisan office of State Superintendent of Public Instruction. Council Member Hausdorfer urged that the City support Senator Bergeson's confirmation because of her excellent qualifications for the position and her effective representation of Orange County. Adoption of Resolution Supporting the Confirmation of Senator Bergeson as State Superintendent of Public Instruction: It was moved by Council Member Campbell, seconded by Council Member Hausdorfer, that the following Resolution be adopted: City Council Minutes -13- 4/6/93 3 004 RESOLUTION NO. 93-4-6-7. SUPPORTING CONFIRMATION OF SENATOR MARIAN BERGESON - STATE SUPERINTENDENT OF PUBLIC INSTRUCTION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING SENATOR MARIAN BERGESON'S CONFIRMATION AS STATE SUPERINTENDENT OF PUBLIC INSTRUCTION The motion carried by the following vote: AYES: Council Members Campbell, Hausdorfer, Nash, Vasquez, and Mayor Jones NOES: None ABSENT: None 2. ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill/Eastern Transliortation Corridor (800.50) Council Member Nash noted the budget meetings being held, the joint meeting with the San Joaquin Hills Transportation Corridor Agency, and discussions regarding the bond issues and salaries of Agency personnel. b. League of California Cities (140.20) Council Member Campbell noted her attendance at the Public Safety meeting held by the League of California Cities and stated that Wgscwas a top priority for her. She also noted her position on the Police Officer Standard Training (POST) Commission and that she would keep the City apprised of matters of interest Council Member Hausdorfer noted the meeting scheduled for April 8, 1993. C. Southeast Regional Reclamation Authority (SERRA) (1040.601 Council Member Vasquez stated that he and the Director of Engineering and Building would meet to review the budget and history of SERRA and tour the facility. �Wfillot M 1. COUNCIL CODE OF ETHICS (610.30) Council Member Hausdorfer suggested that the Council consider establishing a policy regarding the presentation of gifts to Council Members. He stated that many times the presentation of a gift is taken out of context and a negative perception is created. Having a policy prohibiting gifts to Council Members would avoid awkward situations. It was a consensus of the Council that they would respond to staff on this issue and that the matter be agendized within 30 to 60 days. With regard to the watch and video presented by the Mission San Juan Capistrano, Mr. Denhalter advised that the only obligation of Council Members is to report the gifts. In other cases, a gift can always be returned. It was a consensus of the Council that staff determine the value of the watch and video presented by the Mission San Juan Capistrano for reporting purposes. 2. GRAFFITI LEGISLATION (530.60) Council Member Campbell noted the letter to Mayor Jones regarding Senator Lewis' Graffiti Bill, which has been endorsed by the League of California Cities. The bill would impose stricter punishment on *safety of the public (amended by Council 5/4/9-7) City Council Minutes -14- 4/6/93 SOY graffiti violators, such as loss of driver's license, 80 hours of community service per week, and a $5,000 fine. It was a consensus of the Council that a letter be prepared for the Mayor's signature endorsing the proposed Graffiti Bill. 3. PARKS PLAYGROUND EQUIPMENT (920.10 ' Council Member Vasquez inquired about the playground equipment that was previously approved for Cook Park. Mr. King advised that funding for this Capital Improvement Project was to be reimbursed from a State grant program. However, revisions to the project have caused delays due to staff time to revise the plans and review of the revisions by the State. He was advised that the City's State grant representative would be meeting with City staff within the next two weeks, and he expected the project to commence shortly thereafter. 4. FIESTA DE LAS GOLONDRINAS (150.60) Mayor Jones commended City staff and the Fiesta Association for the success of the activities in March and felt that this year's parade was one of the best. Council Member Campbell noted that the Mercado was also a big success. 5. PRIMA DESHECHA LANDFILL (810.50) Mayor Jones noted his proposed letter dated April 6, 1993, addressed to the Waste Management Commission stating the City's opposition to any plan to import solid waste from San Diego or Los Angeles Counties to the Prima Deshecha landfill. Since the landfill would become the only public landfill in the County, the proposal would add 250 trips per day onto Ortega Highway and the City s surface streets. He noted the potential for people dumping trash in the back country if the landfill were closed and emphasized the need to adamantly oppose this plan. Council Member Campbell expressed outrage at this proposal, particularly since the City carefully planned for the future of waste disposal in the City. It was a consensus of the Council that the Mayor's letter be forwarded to the Waste Management Commission. 6. SAN JUAN MARKET PLACE (150.60) Council Member Vasquez was advised that issue of the San Juan Historical Society being excluded from some of the San Juan Market Place events had not been resolved. Council Member Vasquez felt that the policies for the event and use of public streets should be reviewed so that the Historical Society would not have to be excluded from the event. Mayor Jones explained that much time and effort were spent by the organizers in formulating the policies for this event and noted that participants were aware of these policies in advance. He felt that the City should investigate this matter before making any recommendations since this was a private enterprise. Council concurred with Council Member Nash's suggestion that City staff work with the event organizers and the Historical Society on a compromise before the Council became involved. Council Member Hausdorfer felt that the Council should not be involved in this matter because it involved a private entity. ESSION Council recessed to a Closed Session at 10:45 p.m. for discussion of litigation per Government Code Section 54956.9(a) (Committee to Restore Integrity v. City, Negrete v. Fries§, Cityof Alhambra v. State of California. Nearete v. City; and NNegrete v. Community Redevelopment Agency), exposure to litigation per Government Code Section 54956.9(b), and personnel matters per Government Code Section 54957, the City Clerk being excused therefrom, and reconvened at 11:40 p.m. City Council Minutes -15- 4/6/93 ADJOURNIt�NT There being no further business before the Council, the meeting was adjourned at 11:40 p.m. to the next regular meeting date of Tuesday, April 20, 1993, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, — FIA 16WI, • • :r ATTEST: GIL JONES, M�Y�t� j City Council Minutes -16- 4/6/93