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92-0121_CC_Minutes_Regular MeetingJANUARY 21, 1992 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 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 Kenneth E. Friess, Councilman Jerry Harris, Councilman Gary L. Hausdorfer, Councilman Jeff Vasquez, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; Thomas Clark, City Attorney (arrived at 8:25 p.m.); Barbara Zeid, Deputy City Attorney; Cheryl Johnson, City Clerk; David Bentz, 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; Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of January 7, 1992: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the Minutes of the Regular Meeting of January 7, 1992, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that all Ordinances be read by title only. -1- 1/21/92 RESOLUTION NAMING RED STEAGALL AS SAN JUAN CAPISTRANO'S OFFICIAL "COWBOY POET" (120.20) Written Communications: Report dated January 21, 1992, from the City Manager, forwarding a resolution naming Mr. Steagall as the "Cowboy Poet Laureate" of San Juan Capistrano, as requested by the City Council. Naming "Cowboy Poet": It was moved by Councilman Hausdorfer, seconded by Councilman Harris, that the following Resolution be adopted: RESOLUTION NO 92-1-21-1, COWBOY POET LAUREATE OF SAN JUAN CAPISTRANO - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFERRING UPON RED STEAGALL THE TITLE OF COWBOY POET LAUREATE OF THE CITY OF SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None Mr. Steagall will be presented with a formal Proclamation during the Heritage Festival in March. Mr. Steagall will also ride in the Swallows Day Parade and entertain with music and poetry at the E1 Adobe restaurant on Friday evening, March 21. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY) 1. LOW-INCOME HOUSING/COUNTY HOUSING TASK FORCE (430.50) Pauline Leonard, 27589 Brookside Lane, encouraged attendance at a workshop scheduled for Wednesday morning, January 29, 1992, sponsored by the League of Women Voters. The meeting will be held at the Crown Valley Park Community Room to discuss the issue of low-income housing. Councilman Friess stated that he had received a request from Roger Stanton, Chairman of the County Board of Supervisors, to appoint a representative from the City to participate in the County Housing Task Force to address the issue of -2- 1/21/92 135 affordable housing. The first meeting of the Task Force is scheduled for Wednesday, January 29, at 3:00 p.m. in Santa Ana. Finding for Consideration of Off -Agenda Item: It was moved by Councilman Hausdorfer, seconded by Councilman Harris, 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. Appointment of Councilman Friess as City Representative: It was moved by Councilman Hausdorfer, seconded by Councilman Harris, and unanimously carried that Councilman Friess be appointed to represent the City at both the County Housing Task Force and League of Women Voters meetings on January 29, 1992. CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None CITY TREASURER'S REPORT OF INVESTMENTS AS OF DECEMBER 31. 1991 (350.30) The City Treasurer's Report of Investments as of December 31, 1991, in the total amount of $18,475,213.70 was received and filed. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60) The Report dated January 21, 1992, from the Director of Planning Services, regarding actions taken at the meeting of January 6, 1992, was ordered received and filed. 3. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated January 21, 1992, from the Director of Planning Services, regarding actions taken at the meeting of January 14, 1992, was ordered received and filed. -3- 1/21/92 4. RESOLUTION APPROVING APPLICATION FOR GRANT FUNDS - STONEHILL DRIVE LANDSCAPING, ASSEMBLY BILL 471 (KATZ) (820.20) As set forth in the Report dated January 21, 1992, from the Director of Engineering and Building, the following Resolution was adopted approving the application for state grant funds in the amount of $79,300 for the Environmental Enhancement and Mitigation Program for the Stonehill Drive Landscaping: RESOLUTION NO. 92-1-21-2, APPROVAL OF APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FOR THE STONEHILL DRIVE LANDSCAPING PROJECT - 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 1989 FOR THE STONEHILL DRIVE LANDSCAPING PROJECT The Resolution appointed the Director of Engineering and Building as the City's agent to conduct all negotiations and to execute and submit all necessary documents. 5. APPROVAL OF CONTRACT FOR ONE YEAR OF STREET MARKINGS (ORANGE COUNTY STRIPING SERVICE. INC.) (600.30) As set forth in the Report dated January 21, 1992, from the Director of Engineering and Building, a one-year contract with Orange County Striping Services, Inc. was approved in the amount of $45,000, for the period beginning July 1, 1991, and ending June 30, 1992. Funds were budgeted in Account No. 01-6213-4420-613 for this purpose. 6. RESOLUTION ACCEPTING REVISED STORM DRAIN EASEMENT AND As set forth in the Report dated January 21, 1992, from the Director of Engineering and Building, the following - Resolution was adopted accepting the revised storm drain easement adjacent to the west and south boundary of Lot 104, Tract 12954 due to problems with maintenance access to the storm drain inlet: -4- 1/21/92 137 RESOLUTION NO. 92-1-21-3. ACCEPTING NEW STORM DRAIN EASEMENT AND QUITCLAIMING EXISTING STORM DRAIN EASEMENT WITHIN LOT 104 TRACT 12954 - MARBELLA GOLF AND COUNTRY CLUB (TORKI) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING A STORM DRAIN EASEMENT WITHIN LOT 104, TRACT 12954 AND QUITCLAIMING AN EXISTING STORM DRAIN EASEMENT WITHIN LAT 104, TRACT 12954 (30481 MARBELLA VISTA, ASSESSOR PARCEL NO. 650-603- 02) (TORKI) The Mayor and City Clerk were authorized to execute the quitclaim, and the City Clerk was directed to forward both documents to the County Recorder. RESOLUTION ACCEPTING REVISED STORM DRAIN EASEMENT WITHIN MARBELLA PLAZA FROM MARBELLA PLAZA PARTNERS FOR ARCHITECTURAL CONTROL 89-08, AND QUITCLAIMING TO MARBELLA DEVELOPMENT AN EXISTING STORM DRAIN EASEMENT WITHIN MARBELLA GOLF AND COUNTRY CLUB ON RANCHO VIEJO ROAD AT GOLF CLUB DRIVE (670.50) As set forth in the Report dated January 21, 1992, from the Director of Engineering and Building, the following Resolution was adopted accepting the revised storm drain easement within Lot 216 of Tract 12954, AC 89-08, Marbella Plaza, and quitclaiming the storm drain easement within Lots Z and 218 of Tract 12954, Marbella Golf and Country Club: RESOLUTION NO. 92-1-21-4. ACCEPTING STORM DRAIN EASEMENT OVER LOT 216 OF TRACT 12954 FROM MARBELLA PLAZA PARTNERS AND QUITCLAIMING TO MARBELLA GOLF AND COUNTRY CLUB AN EXISTING EASEMENT OVER LOTS Z AND 218 OF TRACT 12954 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING FROM MARBELLA PLAZA PARTNERS A STORM DRAIN EASEMENT WITHIN ARCHITECTURAL CONTROL 89-08 OVER LOT 216, TRACT 12954 (31101 RANCHO VIEJO ROAD, ASSESSOR PARCEL NO. 650-592-03), AND QUITCLAIMING TO MARBELLA GOLF AND COUNTRY CLUB AN EXISTING STORM DRAIN EASEMENT WITHIN LOTS Z (ASSESSOR PARCEL NO. 650-591-13) AND 218 OF TRACT 12954 (ASSESSOR PARCEL NO. 650-591-12) The Mayor and City Clerk were quitclaim, and the City Clerk wa documents to the County Recorder. -5- authorized to execute the s directed to forward both 1/21/92 8. DENIAL OF CLAIM - BODILY INJURY (AIMEE BELIER) (170.10) The claim received by the City on December 20, 1991, from Kenneth G. Belier, Jr. on behalf of Aimee Belier, for bodily injuries, was denied, as set forth in the Report dated January 21, 1992, from the City Attorney. PUBLIC HEARINGS REQUEST FOR TEMPORARY STREET CLOSURES - ANNUAL SWALLOWS DAY PARADE SATURDAY MARCH 21. 1992 (FIESTA ASSOCIATION) (150.60) Proposal: Consideration of a request for temporary street closures and application for a parade permit for the Fiesta de las Golondrinas Parade scheduled for Saturday, March 21, 1992, at 11:00 a.m. Funds for providing necessary traffic control service and sanitary facilities, which funds were allocated in the 1991-92 Public Lands and Facilities and Engineering and Building budgets. Written Communication: Report dated January 21, 1992, from the Director of Engineering and Building, detailing the parade route and temporary street closures. Public Hearing: Notice having been given as required by law, Mayor Jones opened the public hearing, and there being no response, closed the hearing. Approval of Street Closures and Parade Permit: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried to approve the temporary street closures for the Fiesta de las Golondrinas Parade on Saturday, March 21, 1992, and the issuance of a parade permit to the San Juan Capistrano Fiesta Association. 2. ESTABLISHMENT OF NUMERICAL LIMITS FOR CALENDAR YEARS 1993-95 (RESIDENTIAL GROWTH MANAGEMENT PROGRAM) (440.50) Proposal: Hearing held in accordance with Section 9-7.09(b) of the Municipal Code to set the numerical limit on the number of residential building permits that may be issued for each of the three subsequent calendar years. The numerical limits provide for residential growth of not more than 400 units per year for non-exempt projects. -6- 1/21/92 Written Communication: Report dated January 21, 1992, from the Director of Planning Services, recommending that the numerical limit be set at 400 units per year. Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being no response, closed the hearing. Establishment of Numerical Limits: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Resolution be adopted establishing the numerical limits for calendar years 1993-95 at 400 units per year: RESOLUTION NO. 92-1-21-5. ESTABLISHMENT OF NUMERI- CAL LIMITS - 1993. 1994 AND 1995 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SETTING NUMERICAL LIMITS PER TITLE 9, CHAPTER 7, SECTION 9-7.08(b) OF THE MUNICIPAL CODE, FOR RESIDENTIAL DWELLING UNIT BUILDING PERMITS TO BE ALLOCATED FOR THE CALENDAR YEARS 1993, 1994, AND 1995 The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY - CONSIDERATION OF PROPOSED LEASE AGREEMENT - VAQUERO WEST MERCANTILE (SAN JUAN SALOON) (400.20) Proposal: Hearing conducted jointly with the Community Redevelopment Agency to consider a proposed lease agreement with Vaquero West Mercantile for the San Juan Saloon property. Written Communication: Report dated January 21, 1992, from the Community Development Manager, recommending that the public hearing be continued to the meeting of February 4, 1992, to allow additional time for the receipt of information regarding necessary structural repairs to the building and an analysis of the need for asbestos encapsulation in the building. -7- 1/21/92 GUM Continuation of Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing, and there being no response, it was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that the public hearing be continued to the meeting of February 4, 1992. RECESS AND RECONVENE Council recessed at 7:15 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:17 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. APPROVAL OF CONCEPT TO FORM JOINT POWERS AUTHORITY FOR MUNICIPAL SOLID WASTE MANAGEMENT (600.50) Written Communication: Report dated January 21, 1992, from the Management Assistant I, recommending that the City approve the concept of forming a Joint Power Authority for Municipal Solid Waste Management to facilitate compliance with Assembly Bill 939, which mandates that the City reduce 25% of its solid waste stream by 1995, and 50% by the year 2000. Since the City shared common solid waste management interest and demographics that could be addressed jointly, staff from the cities of Dana Point, Laguna Niguel, San Clemente, and San Juan Capistrano had worked to develop the concept for the formation of the Joint Powers Authority. Mayor Jones expressed concern that the City bears the burden of waste hauling for other cities. Councilman Hausdorfer noted the Council's sensitivity to the issues involved and there was a general consensus that Mayor pro tem Friess prepare a letter to surrounding cities setting forth the City's position. Approval of JPA Concent: It was moved by Councilman Hausdorfer, seconded by Councilman Harris, and unanimously carried that the concept of forming the Joint Powers Authority for Municipal Solid Waste Manage- ment be approved. Staff was directed to prepare a final agreement for Council approval. 2. CONSIDERATION OF ORDINANCE PROHIBITING GASOLINE -POWERED LEAF AND DEBRIS BLOWERS (530.10) Written Communication: Report dated January 21, 1992, from the Assistant City Manager, stating that a petition had been submitted to the -8- 1/21/92 Council requesting that gasoline -powered leaf blowers be banned in the City due to noise and air pollution. Staff recommended that instead of prohibiting the blowers, homeowners associations be encouraged to enact restrictions on their use. The report advised that the League of California Cities was instituting an effort at the State level to address the issue and addressed issued regarding enforcement of a ban on the equipment in the City. Motion to Decline Introduction of Ordinance: It was moved by Councilman Hausdorfer, seconded by Councilman Harris, and unanimously carried that the introduction of an ordinance to prohibit gasoline -powered leaf and debris blowers be declined and that homeowners associations be encouraged to enact restrictions, if so desired, regarding the use of these machines. 3. ESTABLISHING REVISED SALARY RANGES FOR RECREATION AIDES (AFTER-SCHOOL AND MOBILE RECREATION PROGRAMS) (700.20) Written Communication: Report dated January 21, 1992, from the Assistant City Manager, recommending that the minimum wage of $4.25 be added to the existing Recreation Aide pay scale to include two additional steps. The action will decrease salary expenses. Mr. Julian made a brief oral presentation and noted that 16 - year -old persons will be eligible for employment in the programs. It was moved by Councilman Friess, seconded by Councilman Hausdorfer, that the following Resolution be adopted: RESOLUTION NO. 92-1-21-6, AMENDING RESOLUTION NO. 89-10-17-3. THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN (RECREATION AIDE AND RECREATION LEADER POSITIONS) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 89-10-17-3, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN (RECREATION AIDE AND RECREATION LEADER POSITION) The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None -9- 1/21/92 The Resolution set the following pay range: Written Communication: Report dated January 21, 1992, from the City Manager, recommending that the City participate with the Cities of Mission Viejo, Dana Point, Laguna Hills, Laguna Niguel, and Lake Forest in the employment of Hughes, Heiss & Associates to prepare a report evaluating the costs and benefits of alternative systems for delivering law enforcement services within South Orange County. Full cost of the study is $69,000, and will be funded by the cities involved on a per capita basis. Authorization to Participate in Study: It was moved by Councilman Hausdorfer, seconded by Councilman Vasquez, and unanimously carried that: (1) The City participate with the Cities of Mission Viejo, Dana Point, Laguna Hills, Laguna Niguel, and Lake Forest in the employment of Hughes, Heiss & Associates to prepare a report and recommendations relating to law enforcement services within South Orange County; and (2) Funds be appropriated in the amount of $6,992 from uncommitted reserves as the City's share in the study. DIRECTOR OF ADMINISTRATIVE SERVICES 1. RESOLUTION AWARDING SERIES A OF 1992 GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF $6,955,000 (OPEN SPACE BONDS) (BANK OF AMERICA) (340.20) Written Communication: Report dated January 21, 1992, from the Director of Administrative Services, recommending that Series A of the 1992 General Obligation Bonds in the amount of $6,955,000 be awarded to the best bidder. Mr. Bentz announced that out of 19 major bids received, Bank of America was the successful bidder. He also noted the -10- 1/21/92 Step 1 Step 2 Sten 3 Sten 4 Sten 5 Recreation Aide: $4.25 $4.46 $4.68 $4.91 $5.16 _ Recreation Leader: 6.16 6.47 6.79 7.13 7.49 Sr. Rec. Leader: 8.18 8.61 9.05 9.51 9.99 PARTICIPATION WITH THE CITIES OF MISSION VIEJO, LAGUNA Written Communication: Report dated January 21, 1992, from the City Manager, recommending that the City participate with the Cities of Mission Viejo, Dana Point, Laguna Hills, Laguna Niguel, and Lake Forest in the employment of Hughes, Heiss & Associates to prepare a report evaluating the costs and benefits of alternative systems for delivering law enforcement services within South Orange County. Full cost of the study is $69,000, and will be funded by the cities involved on a per capita basis. Authorization to Participate in Study: It was moved by Councilman Hausdorfer, seconded by Councilman Vasquez, and unanimously carried that: (1) The City participate with the Cities of Mission Viejo, Dana Point, Laguna Hills, Laguna Niguel, and Lake Forest in the employment of Hughes, Heiss & Associates to prepare a report and recommendations relating to law enforcement services within South Orange County; and (2) Funds be appropriated in the amount of $6,992 from uncommitted reserves as the City's share in the study. DIRECTOR OF ADMINISTRATIVE SERVICES 1. RESOLUTION AWARDING SERIES A OF 1992 GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF $6,955,000 (OPEN SPACE BONDS) (BANK OF AMERICA) (340.20) Written Communication: Report dated January 21, 1992, from the Director of Administrative Services, recommending that Series A of the 1992 General Obligation Bonds in the amount of $6,955,000 be awarded to the best bidder. Mr. Bentz announced that out of 19 major bids received, Bank of America was the successful bidder. He also noted the -10- 1/21/92 City's excellent Standard & Poor's rating, allowing the City to receive a favorable interest rate of 6.1999% for the bonds. Award of General Obligation Bonds: It was moved by Councilman Hausdorfer, seconded by Councilman Vasquez, that the following Resolution be adopted awarding Series A 1992 General Obligation Bonds in the amount of $6,955,000 to Bank of America: RESOLUTION NO. 92-1-21-7, AWARDING SERIES A OF 1992 GENERAL OBLIGATION BONDS (OPEN SPACE PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AWARDING SERIES A OF 1992 GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF $6,955,000 TO THE BEST BIDDER AND RE- JECTING ALL OTHER BIDS AND RATIFYING ALL ACTIONS OF STAFF HERETOFORE TAKEN The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None DIRECTOR OF PLANNING SERVICES STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) Written Communication: Report dated January 21, 1992, Services, advising that four were received by the City December 3, 1991. from the Director of Planning new development applications since the last report of It was moved by Councilman Hausdorfer, seconded by Councilman Harris and unanimously carried to receive and file the report. CONSIDERATION OF APPROVAL OF CALTRANS COOPERATIVE AGREEMENT TO EXPAND THE JUNIPERO SERRA PARK AND RIDE FACILITY (600.50) Written Communication: Report dated January 21, 1992, from the Director of Planning Services, recommending that the request from CalTrans for the City to enter into an agreement with CalTrans and the Orange County Transportation Authority (OCTA) be conditionally -11- 1/21/92 approved for the expansion of the existing Park -and -Ride facility located at Interstate 5 and Junipero Serra. The agreement stipulates that the OCTA will provide funding in the amount of $150,000, CalTrans will design and build the project, and the City will donate a small parcel of land within the project area. Approval of Cooperative Agreement: It was moved by Councilman Harris, seconded by Councilman Friess, that the following Resolution be adopted approving the Cooperative Agreement: RESOLUTION NO 92-1-21-8, AUTHORIZING COOPERATIVE AGREEMENT TO EXPAND THE PARK AND RIDE FACILITY AT THE I-5 FREEWAY AND JUNIPERO SERRA ROAD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN A COOPERATIVE AGREEMENT BETWEEN THE CITY, STATE OF CALIFORNIA, AND THE ORANGE COUNTRY TRANSPORTATION AUTHORITY TO EXPAND THE PARK-AND- RIDE FACILITY AT I-5 AND JUNIPERO SERRA The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None DIRECTOR OF ENGINEERING AND BUILDING SERVICES 1. APPROVAL OF SELECTION PROCESS FOR CONSULTANT ENGINEERING DESIGN SERVICES (600.10) Written Communication: Report dated January 21, 1992, from the Director of Engineering and Building, advising that hiring a plan check team of consultants under long-term contracts rather than soliciting proposals on a case-by-case basis would be more cost effective and improve staff efficiency. Mr. Huber noted that revisions to contractors' rates could be negotiated by the Director of Engineering and Building annually and that the contracted work would expedite the Engineering staff's workload. Councilman Vasquez expressed concern that 4 -year contracts would be detrimental to new contractors in the City and suggested that bids be solicited annually and reviewed by the -12- 1/21/92 Council. Mr. Huber explained that if a contracted consultant went out of business or relocated, new bids for the number of consultant vacancies would be solicited; to renegotiate new contracts annually would be difficult and time consuming to administer. Following discussion, the Council generally felt that the contract term should be for four years and that the Director of Engineering and Building be allowed to use his discretion in reviewing the consultant list on an annual basis. Approval of Consultant Plan Check Team Process and Request for Proposal and Consultant List: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that: (1) The consultant plan check team process, as outlined in the Staff Report, be approved; (2) The Request for Proposal and Consultant List be approved; and (3) The Director of Engineering and Building be authorized to solicit proposals. DIRECTOR OF COMMUNITY BERVICEB STATUS REPORT - PARK NAMING PROCESS FOR NEWLY DEVELOPED PARK AT ALIPAZ STREET AND CALLE LUCANA (920.40) Written Communication: Report dated January 21, 1992, from the Director of Community Services, advising that the naming of this park did not fit the established public park naming policy and the Parks and Recreation Commission had invited public participation in the naming process for the newly developed park at Alipaz Street and Calle Lucana. Deadline for submissions to the Community Services Department was Friday, January 24, 1992; a recommendation is to be forwarded to Council at its meeting of February 18; and a dedication ceremony for the park was tentatively scheduled for Saturday, March 28. With the concurrence of Council, Mayor Jones ordered the Report received and filed. -13- 1/21/92 6! COUNCILMANIC ITEMS 1. APPOINTMENT OF ONE MEMBER TO THE DESIGN REVIEW COMMISSION (TOM BREEN) (410.60) Written Communication: Report dated January 21, 1992, from the Council Services Manager, noting that the vacancy had been advertised and four applications were received. Appointment of Member: It was moved by Councilman Harris, seconded by Councilman Hausdorfer, and unanimously carried that Tom Breen be appointed to the vacancy on the Design Review Commission. ORAL REPORTS OF OUTSIDE AGENCIES a. League of California Cities (140.20) Councilman Hausdorfer noted uled for Friday, January 24 of Orange Council Chambers the Air Quality Management which Councilman Hausdorfer Wedaa, as directed by the January 2, 1992. COUNCIL COMMENTS 1. CITY INVESTMENTS (350.30) the special meeting sched- 4, at 7:30 a.m. in the City regarding the selection of District representative, at will support incumbent Hank Council at the meeting of Councilman Hausdorfer inquired regarding the involvement of outside advisors with the investment of City funds. Mr. Bentz explained that only he decides how the City's funds should be invested, as determined by the daily cash position, and that no brokerage houses are used. Currently none of the City's investments exceed one year, and 90% are in local agency investment funds. There are some short-term Certificate of Deposits to meet cash flow needs. 2. TRAFFIC SIGNAL AT VILLAGE ROAD/RANCHO VIEJO ROAD (VILLAGE SAN JUAN) (590.50) Councilman Friess requested an update regarding the installa- tion of a traffic signal at the intersection of Village Road and Rancho Viejo Road. Mr. Huber explained that the funding for this signal is dependent upon receipt of Measure M funds and meeting certain requirements such as the completion of a Pavement Management Program and a Growth Management Element to the General Plan. Additionally, since Measure M has been challenged in the courts, there will be no release of funds -14- 1/21/92 until the case is resolved sometime in May or June 1992. Concept plans have already been funded and are currently being finalized, with the design phase to follow upon receipt of Measure M funding. Councilman Friess suggested that staff remain in contact with the Village San Juan Homeowners Association to apprise them of the project's progress and to request that they remain conscious of the hazardous condi- tion. It was a consensus of the Council that staff investigate what temporary measures could be taken to alleviate the problems at this intersection. RANCHO CAPISTRANO COMMUNITY CHURCH USE PERMIT 91-13, VARIANCE 91-7, SITE PLAN 91-26 (CRYSTAL CATHEDRAL MINISTRIES/SCHULLER) (440.40) Councilman Friess advised he had learned of the Orange County Planning Commission action on the Rancho Capistrano Community Church Continuing Care Community too late for inclusion on the published Agenda and requested Council discussion of that action in terms of a possible appeal. He stated the discussion was necessary at this time because the appeal period will end Friday, January 24. Finding for Consideration of Off -Agenda Item: It was moved by Councilman Friess, seconded by Mayor Jones, and unanimously carried to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. Mr. Julian discussed the action taken by the County Planning Commission regarding the Rancho Capistrano Community Church Continuing Care Community, which is located within the City's Sphere of Influence along Camino Capistrano at the northern City limits. Consideration has been given to annexing the property to the City of San Juan Capistrano. The Council was provided with a letter dated January S, 1992, to the County Environmental Management Agency from the City's Director of Planning Services, which forwarded the recommendations of the two Commissions. Mr. Julian noted the sensitivity of the issue, as well as the applicant's options to request a change in the property's Sphere of Influence from San Juan Capistrano to Laguna Niguel and subsequently annex into Laguna Niguel. Mr. Tomlinson noted that the County Planning Commission voted to condition the project as recommended by the City's Planning Commission and Design Review Commission with two exceptions, one being the Design Review Commission request to reduce the independent living facility to two stories and -15- 1/21/92 the other being that the 3 -foot height variance not be approved. Mr. Tomlinson discussed recommendations made by the City's Planning Commission, focusing on building mass, and the Design Review Commission, focusing on architectural modifications to mitigate the impacts from building mass. He advised that the applicant concurred with the decision of the County Planning Commission and had indicated a willingness to work with City staff regarding the architectural design elements for the project. Councilman Friess expressed concern that wording in the letter of January 8 relating to the Design Review commis- sion's authority could have been discounted by the County Planning Commission. Mayor Jones concurred but felt that an appeal of the decision would be counter-productive for the City with regard to future annexation. Councilman Vasquez voiced support of the recommendations made by the Design Review Commission due to their reflection of the City's development standards and the project's highly visible "entrance" location to the City. He felt that an appeal of the County's decision would be appropriate in order to communicate the importance of City standards to the County Planning Commission. Councilman Hausdorfer felt that an appeal would be unsuccess- ful and noted that the majority of the City Commissions' recommendations prevailed. He suggested that the project's annexation into the City be encouraged and that staff and elected City officials work with the applicant to modify the negative impacts of the project. Councilman Harris stated that the Design Review Commission was aware of its authority with regard to massing. He suggested that the Design Review Commission's desire to have more authority in that area be reviewed by the Council at a future meeting. Following Council discussion, Councilman Friess concurred that an appeal would not be worth the effort and may ultimately be detrimental to the City. He requested that in the future, before letters forwarding recommendations from the City are sent they be reviewed by the City Council or - Mayor. It was a consensus of the Council that the City not appeal the County Planning Commission's decision on this matter. -16- 1/21/92 CLOSED SESSION Council recessed to a Closed Session at 8:50 p.m. for discussion of legal matters per Government Code Section 54956.9(a)(1) (Maurer/Coral Properties v. City), the City Clerk being excused therefrom, and reconvened at 9:30 p.m. COUNCIL ACTIONS 1. SETTLEMENT OF MAURER/CORAL PROPERTIES LITIGATION (640.30) It was moved by Councilman Hausdorfer, seconded by Councilman Harris, that the City Attorney be directed to execute the Stipulation for Judgment in the matter of Maurer/Coral Properties v. City. The motion carried, with Councilmen Friess and Vasquez voting in opposition. There being no further business before the Council, the meeting was adjourned at 9:30 p.m. to Wednesday, January 22, 1992, at 2:00 p.m. in the City Council Chamber to conduct interviews of candidates for the City Attorney position. ATTEST: a-I1,-JOl MAYOR Respectfully submitted, -17- 1/21/92 I, •