Loading...
92-0218_CC_Minutes_Regular MeetingFEBRUARY 180 1992 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANOj, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Jones at 7:03 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Phillip Munsey of The Life Church. ROLL CALL: PRESENT: ABSENT: Gil Jones, Mayor Kenneth E. Friess, Councilman Jerry Harris, Councilman Gary L. Hausdorfer, Councilman Jeff Vasquez, Councilman None STAFF PRESENT: Stephen B. Julian, City Manager; Thomas Clark, City Attorney; Cheryl Johnson, City Clerk; George Scarborough, Assistant City Manager; 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; Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of February 4. 1992: It was moved by Councilman Friess, seconded by Councilman Hausdorfer, that the Minutes of the Regular Meeting of February 4, 1992, be approved, with the following modification: Page 7, item No. 3 under Council Comments, the following sentence added to the end of the paragraph: "The City Attorney stated his very strong recommendation in this regard would be that we have an item on this in Closed Session and we discuss this in Closed Session, not in open session." The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None -1- 2/18/92 MOTION TO READ BY TITLE ONLY It was moved by Councilman Friess, seconded by Councilman Hausdorfer, and unanimously carried that all Ordinances be read by title only. PRESENTATIONS AND COMMENDATIONS No Written Communication: Report dated February 18, 1992, from the City Clerk, forwarding the Proclamation. Approval and Presentation of Proclamation: Mayor Jones read the Proclamation in full and with the consensus of Council proclaimed March 13 through 21, 1992, as the Fiesta de las Golondrinas. The Proclamation was presented to Anita Adkisson, President of the Fiesta Association, who expressed appreciation to City staff for their support. RECOGNITION OF LONG-TERM EMPLOYEES (730.90) Written Communication: Report dated February 18, 1992, from the Senior Management Assistant, forwarding the list of employees who have served the City for 15 years. Mayor Jones presented service plaques to Juan Camacho, Lead Maintenance Worker, and Cathleen A. DuCoing, Senior Engineer- ing Aide, in recognition of their fifteen years of service. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY) 1. TEMPORARY PERMITS - FLOWER VENDORS (390.601 Al Maling of Lilacs & Lace florist shop and Susan Johnson of San Juan Florist, voiced opposition to the City's issuance of temporary vendor permits and waiver of fees to street vendors who sold flowers on behalf of non-profit organiza- tions over the Valentine's Day. They stated that the close - proximity of the temporary vendors to the City's permanent florist shops had negatively impacted business. Councilman Friess noted that since non-profit vendors do not collect any sales tax, no revenues are returned to the City. In addition, the vendors in question were stationed on busy streets and intersections with no place for vehicles to stop. -2- 2/18/92 165 It was a consensus of the Council that staff be directed to prepare recommendations for Council review with regard to regulating street vendors, including consideration of loss of revenues to the City, traffic impacts, proof of non-profit status, and sales during holidays. 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 1. CITY TREASURER'S REPORT OF INVESTMENTS AS OF JANUARY 31, 1992 (350.30) The City Treasurer's Report of Investments as of January 31, 1992, in the total amount of $17,485,713.84 was received and filed. 2. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated February 18, 1992, from the Director of Community Services, regarding actions taken at the meeting of January 3, 1992, was ordered received and filed. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated February 18, 1992, from the Director of Planning Services, regarding actions taken at the meeting of February 11, 1992, was ordered received and filed. 4. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR _BIDS - LANDSCAPE MAINTENANCE CONTRACTS (CITY PARKS, _PARKWAYS. FACILITIES. AND LANDSCAPE MAINTENANCE DISTRICTS) (600.30) As set forth in the Report dated February 18, 1992, from the Director of Public Lands and Facilities, the specifications were approved for the maintenance of City parks, parkways, facilities, and Landscape Maintenance Districts. Staff was authorized to call for bids. -3- 2/18/92 PUBLIC HEARINGS 1. CONSIDERATION OF THE RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS 1992-95 (RESIDENTIAL GROWTH MANAGEMENT PROGRAM) (440.50) Proposal: Consideration of the proposed allocation of residential building permits as part of the City's Residential Growth Management Program for calendar years 1992 to 1995, as recommended by the Planning Commission. Written Communication: Report dated February 18, 1992, from the Director of Planning Services, noting that the Lomas San Juan Planned Community, Marbella Planned Community, Forster Canyon Planned Community, and the Capistrano Valley Tennis Club and Academy were presently eligible to receive building permit allocations. 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 Residential Allocation Schedule: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Resolution be adopted: RESOLUTION NO. 92-2-18-1. APPROVING RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS 1992, 1993, 1994 AND 1995 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING RESIDENTIAL ALLOCATIONS FOR THE CALENDAR YEARS 1992, 1993, 1994, AND 1995 (RESIDENTIAL GROWTH MANAGEMENT) The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None -4- 2/18/92 16'7 2. JOINT PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY - CONSIDERATION OF PROPOSED LEASE AGREEMENT - VAOUERO WEST MERCANTILE (SAN JUAN SALOON) (CONTINUED FROM FEBRUARY 4. 1992) (400.20) Proposal: Hearing held jointly with the City Council to consider a proposed lease agreement with Vaquero West Mercantile for the San Juan Saloon property. The hearing was continued from the meeting of February 4 to allow additional time for review and resolution of the Agency's final lease position. Written Communication: Report dated February 18, 1992, from the Community Develop- ment Manager, recommending that the terms and conditions of the proposed lease agreement between Vaquero West Mercantile and the Agency be presented to the Council/Agency Board during a Closed Session, with the final lease agreement to be brought back for approval at the March 3, 1992, meeting. Continuation of Public Hearing: Notice having been given as required by law, Mayor Jones opened the Public Hearing and, there was no response, with the consensus of the Board directed that the public hearing be continued to the meeting of March 3, 1992. The proposed lease will be reviewed in Closed Session. RECESS AND RECONVENE Council recessed at 7:30 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:45 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. INTRODUCTION OF ORDINANCE AMENDING TITLE 7 OF THE MUNICIPAL CODE TO ADD PROVISIONS FOR TEMPORARY SIGNS IN PUBLIC RIGHT-OF-WAY (410.40) Written Communication: Report dated February 18, 1992, from the Senior Management Assistant, forwarding a proposed ordinance which would regulate the placement of all temporary signs in the public right-of-way. The Ordinance would limit to 10 the number of temporary signs that could be erected in the public right- of-way for one event, activity, or candidate. Any signs not marked with the responsible party's name and phone number would be subject to immediate removal by the City. -5- 2/18/92 Jennifer Murray, Senior Management Assistant, presented the Staff Report and noted the addition of a provision which would prohibit temporary signs within 100 feet of a polling place, per California Elections Code Section 29470. Councilman Vasquez spoke in opposition to the proposed Ordinance stating that it would not prevent people from posting signs in the public right-of-way and would tend to give incumbents and unfair advantage in an election year. He further stated he could not support the item due to the amount of staff time that would be required for enforcement. The City Manager 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 Councilman Hausdorfer, seconded by Councilman Friess, that the following Ordinance be introduced, with the following additional provision: Temporary signs within 100 feet of a polling place shall be prohibited, per California Elections Code Section 29470. AMENDING TITLE 7 OF THE MUNICIPAL CODE - TEMPORARY SIGNS IN THE PUBLIC RIGHT-OF-WAY - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING CHAPTER 9 TO TITLE 7 OF THE MUNICIPAL CODE DEALING WITH TEMPORARY SIGNS IN THE PUBLIC RIGHT-OF-WAY The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, and Mayor Jones NOES: Councilmen Harris and Vasquez ABSENT: None INITIATION OF AMENDMENT TO TITLE 9-3.06 OF THE MUNICIPAL CODE MODIFYING PROVISIONS FOR TEMPORARY SIGNS ON PRIVATE PROPERTY (410.40) Written Communication: Report dated February 18, 1992, from the Senior Management Assistant, recommending that the Council initiate considera- tion of an amendment to the Municipal Code which would modify existing provisions for the placement of temporary signs on private property. The proposed provisions would limit size, placement, and the number of signs that could be posted on -6- 2/18/92 private property relating to the same event, activity or candidate. Jennifer Murray, Senior Management Assistant, made an oral presentation. It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Resolution be adopted: RESOLUTION NO. 92-2-18-2. INITIATING AMENDMENT TO SECTION 9-3.603 OF THE MUNICIPAL CODE - REGULATIONS OF TEMPORARY SIGNS ON PRIVATE PROPERTY - A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING A CODE AMENDMENT TO MODIFY SECTION 9-3.603 OF THE MUNICIPAL CODE TO REGULATE TEMPORARY SIGNS ON PRIVATE PROPERTY The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, and Mayor Jones NOES: Councilmen Harris and Vasquez ABSENT: None 3. LA NOVIA PARK LAND DEDICATION - GLENFED DEVELOPMENT (600.30) Written Communication: Report dated February 18, 1992, from the Assistant City Manager, forwarding a proposal from Glenfed to dedicate two parcels to the City in fulfillment of their park land dedication obligation, as conditioned on the project. The parcels are located on either side of La Novia Avenue between the San Juan Creek Channel and San Juan Creek Road. Glenfed requested that the three water wells located on these parcels be committed to the present use (San Juan Hills Golf Course) or future use of the land. Mr. Scarborough made an oral presentation and advised that if Council found the proposals acceptable the documents would be returned for action on March 3. 1992. In response to an inquiry from Councilman Vasquez, Ms. Louise Rice -Lawson, 1214 Fourteenth Street, Santa Monica, representing Glenfed, stated that Glenfed would be willing to pay the $1,000 for the Title Policy. -7- 2/18/92 �-� 7 Councilman park land financial providing Hausdorfer .n lieu of a condition, open space. felt that accepting the dedication of fee was justified, despite the City's because of the City's commitment to Acceptance of Park Land Dedication: It was moved by Councilman Friess, seconded by Councilman Hausdorfer, and unanimously carried that the reserved rights and privileges provisions of the quitclaim deed be found acceptable and that the $1,000 required for the Title Policy be paid by Glenfed. Staff was directed to submit final documents for the acceptance of the quitclaim deed for approval at the March 3, 1992, meeting. 4. AGREEMENT WITH THE CITY OF DANA POINT TO SHARE IN THE PURCHASE AND USE OF RADAR DISPLAY BOARD (600.50) Written Communication: Report dated February 18, 1992, from the Assistant City Manager, recommending that the Cities of Dana Point and San Juan Capistrano share in the cost of purchasing a $7,600 radar display board, to be shared and paid for equally, as a cost-effective tool in helping to reduce vehicle speeds. The City of Dana Point approved the joint purchase in January 1992. Approval of Joint Purchase and Use of a Radar Display Board: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that the Mayor be authorized to execute the agreement with the City of Dana Point for the joint purchase and use of a radar display board. The cost to each City will be approximately $3,800; City funds were included in mid -year adjustments. 5. REVISED 1991-92 OPERATING AND CAPITAL IMPROVEMENT BUDGET (330.20/330.40) Written Communication: Report dated February 18, 1992, from the Assistant City Manager, forwarding a mid -year review of the Operating Budget and Capital Improvement Program and summarizing the reductions proposed by City departments. Mr. Scarborough made an oral presentation. Approval of Revised 1991-92 Operating and Capital Improvement Budget: It was moved by Councilman Hausdorfer, seconded by Councilman Harris, that the following Resolution be adopted: -8- 2/18/92 171 RESOLUTION NO 92-2-18-3 AMENDMENT OF FISCAL BUDGET. 1991-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE AUTHORIZED EXPENDITURES AND APPROPRI- ATIONS RELATED THERETO The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None The Resolution authorized expenditures in the amount of $19,815,513 for the year ending June 30, 1992. DIRECTOR OF ADMINISTRATIVE SERVICES 1. CONSULTING SERVICES AGREEMENT - BUDGET. FINANCE. AND PERSONNEL SOFTWARE MODIFICATION PROGRAM (Mission Management. Inc.) (600.30) Written Communication: Report dated February 18, 1992, from the Director of Adminis- trative Services, advising that the Administrative Services Department wished to update the financial software package from Mission Management, Inc. (MMI) to modify the budget program and personnel/payroll system. The proposed software package would automate many time-consuming tasks which are presently performed manually and result in more efficient financial reporting. Approval of Consulting Services Agreement: It was moved by Councilman Vasquez, seconded by Councilman Hausdorfer, and unanimously carried that the Consulting Services Agreement with MMI be approved, for a not -to -exceed amount of $15,000, for the implementation of updated finance, budget, and personnel software. Funds were allocated in the 1991-92 budget. 2. RESOLUTION APPROVING EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY AND AUTHORIZING INVESTMENT OF BOND PROCEEDS (OPEN SPACE PROPERTY ACQUISITIONS - SWANNER) (600.30 1 Written Communication: Report dated February 18, 1992, from the Director of Adminis- trative Services, advising that the loan agreement and investment of bond proceeds was limited to a 3 -year period -9- 2/18/92 �i 72 of time. The transaction would allow the Redevelopment Agency to use its powers of assembling land in acquisition of the Swanner parcels for the ultimate benefit of the Open Space Program. Approval of Loan Agreement and Authorization of Bond Proceeds: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Resolution be adopted: RESOLUTION NO. 92-2-18-4. AUTHORIZING EXECUTION AND DELIVERY OF LOAN AGREEMENT AND AUTHORIZING INVESTMENT OF BOND PROCEEDS (SWANNER) - A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY AND AUTHORIZING THE INVESTMENT OF BOND PROCEEDS PURSUANT THERETO (SWANNER) The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None The Resolution authorized the investment of $7,200,000 of bond proceeds in the Agency's Note at 12% for three years. DIRECTOR OF PLANNING SERVICES STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) Written Communication: Report dated February 18, 1992, from the Director of Planning Services, advising that four new development applications were received by the City since the last report of January 21, 1992. With the consensus of Council, Mayor Jones ordered the Report - received and filed. 2. RESOLUTION INITIATING AN AMENDMENT TO TITLE 9 OF THE A TXTYnTnAT. nnnc - CTMTMn nr Ma7aPnnYM WARTF. MANAGFMFNT Written Communication: Report dated February 18, 1992, from the Director of Planning Services, recommending an amendment to the Municipal Code be -10- 2/18/92 173 initiated for the siting and development of hazardous waste facilities to comply with State Assembly Bill 2948 and to implement the County's Hazardous Waste Management Plan. Authorization to Initiate the Preparation of a Draft Hazardous Waste Facilities ordinance: It was moved by Councilman Hausdorfer, seconded by Councilman Harris, that the following Resolution be adopted: RESOLUTION NO. 92-2-18-5, INITIATING AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - SITING AND DEVELOPMENT OF HAZARDOUS WASTE FACILITIES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE TO ADD PROVISIONS REGARDING SITING AND DEVELOPMENT OF HAZARDOUS WASTE FACILITIES The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None The action initiates a public hearing process to consider the proposed amendment and does not obligate the City Council to approve or disapprove the item. RESOLUTION INITIATING AN AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - ADDING PROVISIONS FOR SENIOR HOUSING TO SUPPLEMENTAL DISTRICT REGULATIONS (420.30) Written Communication: Report dated February 18, 1992, from the Director of Planning Services, recommending that an amendment to the Municipal Code be initiated to accommodate the unique characteristics of Affordable Senior Housing Developments within the City's standards for multi -family residential uses as well as to establish appropriate standards and fees. It was moved by Councilman Harris, seconded by Councilman Friess, that the following Resolution be adopted: -11- 2/18/92 RESOLUTION NO. 92-2-18-6. INITIATING AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - AFFORDABLE SENIOR HOUSING DEVELOPMENTS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING AN AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE TO ADD SECTION 9-3.628, AFFORD- ABLE SENIOR HOUSING DEVELOPMENTS. The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None This action initiated a public hearing process to consider the proposed amendment to the Land Use Code and did not obligate the Council to approve or disapprove the item. 4. REQUEST TO WAIVE CONDITION_REOUIRING LANDSCAPED RAISED MEDIAN ON ORTEGA HIGHWAY BETWEEN THE NORTHBOUND OFF - RAMPS OF I-5 AND AVENIDA DE LOS CERRITOS - 27112 ORTEGA HIGHWAY/ARCHITECTURAL CONTROL 87-02 (CHEVRON EAST) (410.60) Written Communication: Report dated February 18, 1992, from the Director of Planning Services, forwarding a request by Chevron U.S.A. to replace a landscaped, raised median, as conditioned on the project, with a striped median. Staff recommended denial based on the findings that a landscaped median would be consistent with the General Plan Scenic Highways Element, would provide a necessary physical barrier to prevent unsafe left turns onto Ortega Highway between Avenida de los Cerritos and Interstate 5, and would improve traffic circulation. Mr. Tomlinson made an oral presentation. Robert Fiscus, representing the architect/engineer for the project, requested that a stamped concrete median be constructed rather than installing landscaping due to drought concerns. There was a consensus of Council that landscaping be installed in the median since the location is an important entrance statement for the City. -12- 2/18/92 175 It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Resolution be adopted: "UHITZUTUXAL UUNTRUL 25/-UZ - UHP.VJKUN U,A,A, A'1' 27112 ORTEGA HIGHWAY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING A REQUEST TO MODIFY ARCHITECTURAL CONTROL 87-02 CONDITIONS OF APPROVAL FOR CHEVRON U.S.A. LOCATED AT 27112 ORTEGA HIGHWAY TO ALLOW A STRIPED MEDIAN IN PLACE OF A RAISED LANDSCAPED MEDIAN (CHEVRON EAST) The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None The applicant was directed to work with staff to determine the most appropriate landscaping for the median, with staff to use its discretion with regard to water use and aesthe- tics. Any uncertainty as to the project's aesthetics is to be brought back for Council review. DIRECTOR OF ENGINEERING AND BUILDING SERVICES MEASURE M LOCAL PAVEMENT MANAGEMENT PROGRAM - APPROVAL OF CONSULTANT SERVICES AGREEMENT (PAVEMENT MANAGEMENT SYSTEMS, INC.) (600.30) Written Communication: Report dated February 18, 1992, from the Director of Engin- eering and Building, recommending that the firm of Pavement Management Systems, Inc. be retained to prepare a Pavement Management Program, as mandated by provisions of Measure M. Funds were budgeted for this purpose in the 1991-92 budget. Mr. Huber made an oral presentation and noted that the first- year allocation of Measure M funds will be used for the Rancho Viejo Road project. Approval of Consulting Services Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that the Consulting Services Agreement with Pavement Management Systems, Inc. be approved -13- 2/18/92 1'76 in the amount of $32,140 to prepare the City's Local Pavement Management Program. APPROVAL OF TRAFFIC SIGNAL REIMBURSEMENT AGREEMENT - CAMINO CAPISTRANO AT AVENIDA GOLONDRINAS. ARCHITECTURAL - CONTROL 88-09/ARCHITECTURAL CONTROL 89-09 (DOLLEY/SEASIDE RANCHOS) (600.60) Written Communication: Report dated February 18, 1992,.from the Director of Engin- eering and Building, forwarding a request from Seaside Ranchos for a Reimbursement Agreement. The proposed agree- ment would allow Seaside Ranchos to be repaid a portion of the costs for the installation of a traffic signal at the intersection of Camino Capistrano and Avenida Golondrinas by any development which increases traffic at the intersection in excess of 5%. Approval of Reimbursement Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, and unanimously carried that the Reimbursement Agreement for the installation of a traffic signal at the intersection of Camino Capistrano and Avenida Golondrinas be approved. The Mayor and City Clerk were directed to execute the Agreement, and the City Clerk was authorized to record the document with the County Recorder. APPROVAL OF FUNDING CONTRACT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR TASKS RELATED TO THE SAN JUAN CAPISTRANO RAILROAD BRIDGE PROJECT (600.50) Written Communication: Report dated February 18, 1992, from the Director of Engin- eering and Building, recommending that an agreement be entered into with Caltrans to secure additional funding for supplemental tasks related to the Railroad Bridge over San Juan Creek project. Acceptance of Agreement: It was moved by Councilman Friess, seconded by Councilman Hausdorfer, and unanimously carried that the Agreement with the California Department of Transportation be accepted for the procurement of funding for supplemental tasks related to the Railroad Bridge over San Juan Creek project. The Mayor was authorized to execute the Agreement on behalf of the City. -14- 2/18/92 1'7'7 DIRECTOR OF COMMUNITY SERVICES 1. REPORT FROM PARK NAMING SUBCOMMITTEE - ALIPAZ STREET AT CALLE LUCANA (920.40) Written Communication: Report dated February 18, 1992, from the Director of Commun- ity Services, forwarding the recommendation from the Parks and Recreation Commission for the naming of the newly formed park located on Alipaz Street at Calle Lucana as "Good Neigh- bors Park," pursuant to suggestions made by the park's ad hoc committee. Mr. King requested that, because of information received after the deadline for the Council's staff report, this item be continued for further recommendations for the park's name from residents, the Parks and Recreation Commission, and the ad hoc committee. Continuation of Item: It was moved by Councilman Friess, seconded by Councilman Hausdorfer, and unanimously carried that consideration of this item be continued for 30-45 days, during which time additional discussions will be held with residents, the Parks and Recreation Commission, and the ad hoc committee regarding the naming of the park. 2. RESOLUTION APPROVING REVISION OF FEES AND CHARGES FOR RENTAL OF COMMUNITY SERVICES FACILITIES (960.20) Written Communication: Report dated February 18, 1992, from the Director of Commun- ity Services, recommending that the fees charged for rental of Community Services Department facilities be increased to help cover rising costs of personnel, utilities, maintenance, and general services. AVRroval of Revised Rental Fee Schedule: It was moved by Councilman Friess, seconded by Councilman Hausdorfer, that the following Resolution be adopted: RESOLUTION NO. 92-2-18-8. ESTABLISHING RENTAL FEES FOR COMMUNITY SERVICES FACILITIES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING NEW RENTAL FEES FOR COMMUNITY SERVICES FACILITIES AND REPEALING RESOLUTION NO. 87-7-21-5 -15- 2/18/92 Mi Q The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None COUNCILMANIC ITEMS 1. CONSIDERATION OF COUNCIL CODE OF CONDUCT (610.30) Written Communication: Report dated February 18, 1992, from the Council Services Manager, forwarding two proposed Council Policies addressing Council Codes of Conduct with regard to discussions with litigants and discussions of confidential matters addressed during Closed Sessions. Councilman Friess noted that he recommended the policies to avoid any possible confusion for Council members with regard to confidential and legal matters that are addressed by the Council. Councilman Vasquez felt it was inappropriate to use the Council Policy Manual for a Council Code of Conduct, stating that communication needed to be open. Councilman Hausdorfer stated that the Council only discusses matters in Closed Session that are Act and that Council is constrained things by the Brown Act; Council wa the public's knowledge. He empha Council members not entering into di against the City. allowed under the Brown from discussing certain > not trying to preclude dzed the importance of scussions with litigants In response to an inquiry from Councilman Vasquez regarding the Coopers & Lybrand audit of the City Manager's contracts, the City Attorney advised that he had recommended that the audit be halted after the Committee to Restore Integrity v. City lawsuit was filed because the audit"'was--the-subject of the litigation and continuing the audit could have jeopardized the City's position during the plaintiff discovery process. Adoption of Council Policies: It was moved by Councilman Friess, seconded by Councilman Hausdorfer, that Council Policy No. 117, Discussions with Litigants, and Council Policy No. 118, Discussion of "involved the subiect matter (amended by Council 3/3/92) -16- 2/18/92 179 Confidential Matters, be adopted. The motion carried with Councilman Vasquez voting in opposition. 2. ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill/Eastern Transportation Corridor (800.50) Councilman Friess noted the public hearing held on February 13, 1992, regarding the EIR. The second hearing for final action on the EIR is scheduled for May 1992. b. San Joaquin Hills Transportation Corridor (800.50) Councilman Friess stated that the court will take final action regarding the lawsuit filed on the EIR on February 26, 1992. C. League of California Cities (140.20) Councilman Hausdorfer noted that the AQMD appointment will be continued to a second election; the date has not vet been scheduled. COUNCIL COMMENTS 1. AMENDMENT TO CITY COUNCIL MINUTES OF FEBRUARY 4 1992 (610.20) Councilman Vasquez inquired about the addition made to the Council Minutes of February 4 , 1992, regarding the City Attorney's recommendation that discussion of the lawsuit, Committee to Restore Integrity v. City, not be addressed in Open Session. Councilman Vasquez stated that the Council had not been made aware that the matter was to be discussed in Closed Session prior to the meeting. Mayor Jones advised he wished it to be clarified why the comment had been cut short and read a verbatim statement made by the City Attorney at the February 18 meeting. Councilman Hausdorfer noted that the City Attorney did not say that the matter was agendized, but rather that the matter would be discussed in Closed Session. CLOSED SESSION Council recessed to a Closed Session at 8:55 p.m. for discussion of real property acquisition matters (lease of property at 26755 Verdugo Street) per Government Code Section 54956.8, and personnel matters (appointment of City Attorney) per Government Code Section 54957, the City Clerk being excused therefrom, and reconvened at 9:25 p.m. -17- 2/18/92 1801. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:25 p.m. to the next regular meeting date of Tuesday, March 3, 1992, at 7:00 p.m. in the City Council Chamber. ATTEST: r G L J --MAYOR Respectfully submitted, CHERYL JOHNSON, XITY CLERK -18- 2/18/92