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92-0421_CC_Minutes_Regular Meeting1[p 4'7 APRIL 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 Councilman Hausdorfer. 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; Richard K. Denhalter, 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; Ronald C. Sievers, Director of Public Lands and Facilities; Nancy Bernardi, Recording Secretary. MINUTES It was moved by Councilman Harris, seconded by Councilman Vasquez, that the Minutes of the Adjourned Regular Meeting of March 31, 1992, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Harris, Vasquez, and Mayor Jones NOES: None ABSTAIN: Councilman Hausdorfer ABSENT: None Regular Meeting of April 7, 1992: It was moved by Councilman Harris, seconded by Councilman Vasquez, that the Minutes of the Regular Meeting of April 7, 1992, be approved as submitted. The motion carried by the following vote: -1- 4/21/92 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. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY) 1. REQUEST FOR STREET NAME CHANGE (820.20) Mike Yeager, 27526 Paseo Verano, Vice President of the Loma Vista Homeowners Association, submitted a petition requesting that the neighborhood loop street currently named Cerro Rebal, be changed back to the original Spanish name, Via Del Prado. Councilman Hausdorfer noted that the street was named in honor of Dick Rebal, an executive with Glendale Federal. Mr. Huber indicated that the Department of Engineering and Building is currently reviewing the petition, and a report will be submitted to the City Council at a future meeting. Councilman Friess suggested that staff identify alternative ways of honoring Mr. Rebal. CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Harris, 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 MARCH 31. 1992 (350.30) The City Treasurer's Report of Investments as of March 31, 1992, in the total amount of $17,085,713.84 was received and filed. -2- 4/21/92 24 REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS (910.6 The Report dated April 21, 1992, from the Senior Management Assistant, regarding actions taken at the meeting of April 7, 1992, was ordered received and filed. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.601 The Report dated April 21, 1992, from the Director of Planning Services, regarding actions taken at the meeting of April 1, 1992, was ordered received and filed. 4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated April 21, 1992, from the Director of Community Services, regarding actions taken at the meeting of March 30, 1992, was ordered received and filed. 5. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated April 21, 1992, from the Director of Planning Services, regarding actions taken at the meeting of April 14, 1992, was ordered received and filed. PLANS, SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS - SACARAMA AREA STORM DRAIN (600.301 As set forth in the Report dated April 21, 1992, from the Director of Engineering and Building, the plans and specifi- cations were approved for the construction of a 30 -inch diameter storm drain from the Chou property above Sacarama Lane through the Gregg, Vaughn, McCook, Groenendyke, and Marquis properties to the existing 42 -inch diameter storm drain in Via Estelita. The homeowners shall contribute 508 or $45,000 of the project costs, whichever is less. Staff was authorized to call for bids. Easements and license agreements will be brought to the City Council for approval and acceptance prior to bid opening. 7. PLANS, SPECIFICATIONS. AND AUTHORIZATION TO RECEIVE BIDS - PREVENTATIVE STREET MAINTENANCE. 1991-92 (600.30) As set forth in the Report dated April 21, 1992, from the Director of Engineering and Building, the plans and specifi- cations were approved for the following three Preventative Street Maintenance projects for 1991-92: (1) Reconstruction of the north side of Del Obispo Street from Alipaz Street to Trabuco Creek Bridge; (2) Asphalt concrete overlay of Avenida Aeropuerto, includ- ing pavement reinforcing fabric from Camino Capistrano to the railroad tracks; and -3- 4/21/92 (3) Asphalt concrete overlay of Dana Mesa Drive, including pavement reinforcing fabric from Del Obispo Street to Deadwood Drive and slurry sealing the remainder of the Dana Mesa tract. Staff was authorized to call for bids. AWARD OF CONTRACT - TWO-PART PROJECT CONSISTING OF A) REHABILITATION OF SILVER CREEK DRIVE AT HORNO CREEK: AND B) DRAINAGE IMPROVEMENTS. MISSION STREET TO RAMOS STREET (IAS ANGELES ENGINEERING. INC.) (600.30) As set forth in the Report dated April 21, 1992, from the Director of Engineering and Building, the contract for the rehabilitation of Silver Creek Drive at Horno Creek and drainage improvements for Mission Street to Ramos Street was awarded to the lowest responsible bidder, Los Angeles Engineering, Inc., in the amount of $67,610. The bid irregularity was waived, and all other bids were rejected. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. 9. DENIAL OF CLAIM - PROPERTY DAMAGE (SAM FRIEDMAN) (170.10) The claim received by the City on April 3, 1992, from Sam Friedman in the amount of $1,995.48, for damage sustained to his RV from hitting a overhanging branch on Paseo Adelanto, was denied, as set forth in the Report dated April 21, 1992, from the City Attorney. 10. RESOLUTION AUTHORIZING DESTRUCTION OF RECORDS (160.70) As set forth in the Report dated April 21, 1992, from the City Clerk, the following Resolution was adopted authorizing the destruction of records listed in Exhibit A of the Resolution: RESOLUTION NO. 92-4-21-1, DESTRUCTION OF RECORDS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS PUBLIC HEARINGS 1. LOCATED NORTH OF AVENIDA LOS CERRITOS AND WEST OF RANCHO VIEJO ROAD REZONE 89-1 (SOUTH COAST CHRISTIAN ASSEMBLY) (460.20) Proposal• Consideration of a request to rezone a 3.3 -acre parcel from AG (General Agriculture) to IP (Public and Institutional), -4- 4/21/92 251 and to cancel the Williamson Act contract for agricultural preserve. The applicant proposes to establish a church (South Coast Christian Assembly) on the site, which is located north of Avenida Los Cerritos and west of Rancho Viejo Road. Applicant: South Coast Christian Assembly Mr. Dave Wyatt P.O. Box 4647 Mission Viejo, CA 92690 Property Owner: Mr. Jarold B. Cole 31501 Avenida Los Cerritos San Juan Capistrano, CA 92690 Written Communications: (1) Report dated April 21, 1992, from the Director of Planning Services, recommending denial of the rezone and cancellation of the Williamson Act contract. The Report summarized the history of the project and the following issues cited by staff and the Planning Commission: inconsistency with the Circulation Element of the General Plan, incompatibility with the semi -rural neighborhood (noise and traffic impacts), lack of a safe and adequate access to the site, and inappropriateness of terminating the Williamson Act Agricultural Preserve contract if the zoning remains AG. The report stated that access to the site from Avenida Los Cerritos would be inadvisable due to traffic concerns and impacts at the intersection of Los Cerritos and Ortega Highway. An interim agreement for access over the Honeyman property to the site from Rancho Viejo Road was rejected by the Honeymans; and staff opposed the option to have the City acquire the Honeyman easement by eminent domain due to lack of apparent public benefit. (2) Letter dated April 17, 1992, from Robert A. Marshall, 31531 Avenida Los Cerritos, stating that he had no objection to the rezone to accommodate a church use. Exhibits were on display, and Mechelle Lawrence, Assistant Planner, made an oral presentation. Public Hearing: Notice having been given as opened the Public Hearing, and ded in favor of the requests: required by law, Mayor Jones the following persons respon- (1) David A. Lurker of Voss, Cook, Casselberry & Thel, legal counsel for the applicant, discussed the proposed land use and access issue. He stated that the majority of -5- 4/21/92 252 , the immediate and surrounding residents support the rezone and proposed church use and noted letters of support received from the community in general. He felt that the site's location in an already noise -impacted area next to the freeway and the nearby commercial uses made this an appropriate location for the church use. He stated that the traffic studies submitted by the applicant concluded that there would be no significant impact from traffic from this project, with the excep- tion of peak travel times on Wednesday evenings and Sunday mornings. Mr. Lurker requested the City's assistance in resolving the issue of access. (2) Darrell W. Ward, Senior Pastor of the South Coast Christian Assembly, 31451 Avenida Los Cerritos, spoke regarding the difficulty the church has had in trying to locate an affordable and suitable site for the church in South Orange County. He felt that the church use would enhance the overall quality of life in the neighborhood, in that the church would provide activities and social services as well as serve the spiritual needs of the community. He felt that the access issues could be resolved. (3) Steven Walker, 31181 Harmony Hall Court, spoke of the benefits that would be derived from the church, such as improvement in the quality of life, development of local social relations, and increased business for local merchants. (4) Margot Andrews, 31281 Via Cuartel, spoke regarding the benefits that would be derived from the church use, such as social services and the emphasis on families and youth activities. (5) J. Paul Spitz, on behalf of United Community Outreach, 33051 Calle Aviador, Suite D, stated that the proposed church is the type of community -oriented church that is needed by a community. The following persons spoke in opposition of the proposed requests for rezone and cancellation of the Williamson Act Agreement: (1) Lenore Hammond, 31441 Avenida Los Cerritos, stated that the proposed church use would result in the destruction of the semi -rural character of the neighborhood, a loss of property value to homes adjacent to the project, and a substantial increase in traffic congestion. She noted that there are already six churches with a k -mile radius of their neighborhood. She recommended that approval for this project be delayed until a master plan for the cm 4/21/92 253 Honeyman property is completed and the access issue is resolved. (2) Mack Waddell, 31601 Avenida Los Cerritos, requested that the semi -rural character of the area be preserved. He stated that the physical layout of the parcel is more appropriate for a residential use rather than a church use. (3) Stewart Honeyman, Vice President of Romarco Realty Corporation and owner of property abutting three sides of the Cole property, noted that the applicant was informed early on in the process by City staff that access would be the major problem for the church project. He stated that he was committed to planning the development of his property in a timely fashion to produce a project that would be suitable and satisfac- tory to the community. He felt that approval of the church use at this time would be premature. He stated that he is currently working with City staff regarding the master plan for his property and the issues that would need to be addressed. He cited concerns that allowing the project access to Rancho Viejo Road would trigger the existing Road Reimbursement Agreement for $150,000 with the City for Rancho Viejo Road. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Comments: Councilman Hausdorfer supported the staff recommendations to deny the proposed rezone, stating the issue was introduction of a different and perhaps incompatible use in the area and the unresolved issue of access. However, he felt that the use might be deemed to be appropriate sometime in the future. He stated it would be wrong to approve the church use and expect the Honeymans to resolve the access problem. Councilman Friess stated that other churches in the City were successfully introduced into older neighborhoods and became assets to the community. However, he felt that this church and its related activities would be so successful, access and traffic circulation would prove to be a major problem. He noted that existing circulation problems along Ortega Highway have yet to be resolved. With regard to the eminent domain alternative by the City, he stated that the City has never condemned a person's property without their involvement in the process. He stated he would support the church use only if the applicant obtained access over the Honeyman property to Rancho Viejo Road. Councilman Vasquez voiced his support for the church use on this property but felt that the main issue to be resolved -7- 4/21/92 4 with the project was access. He suggested that City staff work with the applicant and the Honeymans to resolve the access issue from Rancho Viejo Road. He requested that the existing trees on the property be allowed to remain to retain the agricultural character of the neighborhood. Councilman Harris voiced his support for the church use but stated the problem was one of timing. He felt that to make the applicant wait until the Honeyman master plan is completed would be unfair since the issue of access could be resolved in the interim. He cited opposition to the use of eminent domain by the City and suggested that access could be granted to Rancho Viejo Road on a voluntary basis until the Honeyman master plan is developed. He discussed access concerns from Avenida Los Cerritos and suggested that the item be continued in order to resolve the matter. Mr. Huber noted that the traffic studies submitted by the applicant concluded that service levels at Los Cerritos during peak travel times would be at a Level E or F, with traffic from the church use increasing the congestion by approximately 400 additional trips per day. He advised that the two main drawbacks to access off Los Cerritos included a lack of stacking space for the left -turn movements eastbound from Ortega Highway onto the church property during peak hours; and the difficulty in maintaining a progression on Ortega Highway if a traffic signal were installed at Ortega Highway and Los Cerritos, further noting that Caltrans was opposed to installing a traffic signal at Avenida Los Cerritos and Ortega Highway. Mayor Jones noted that he has always supported church uses in the City; however, when this project was first submitted to the Planning Commission the main issue was always access. He opposed access off Los Cerritos because of the existing traffic congestion on Ortega Highway but would support the request for rezone after access is obtained off Rancho Viejo Road. He suggested that a buffer zone also be provided to mitigate some of the church's impacts on the surrounding community. It was moved by Councilman Hausdorfer and seconded by Councilman Friess that the proposed Resolution be adopted denying the proposed rezone and request to cancel the Agriculture Preserve Contract under the Williamson Act. After further discussion regarding the access issue, the motion was withdrawn. -8- 4/21/92 Agriculture Preserve Contract Under the Williamson Act: It was moved by Councilman Friess, seconded by Councilman Vasquez, and unanimously carried that the request for rezone and cancellation of the Agriculture Preserve Contract under the Williamson Act be approved, subject to the following conditions: (1) Staff shall work with the applicant and the Honeymans to gain permanent access to the property off Rancho Viejo Road. The exercise of eminent domain by the City shall not be used. (2) The existing terminus of Avenida Los Cerritos shall be terminated by a cul-de-sac. (3) Staff was directed to prepare a Resolution for the May 5th Council meeting, setting forth findings and a report identifying subsequent actions that would be necessary to change the circulation. The motion carried with Councilmen Harris and Hausdorfer voting in opposition. The City Attorney noted that should Condition No. 1 not be resolved, the present zoning of the property would remain in place. In addition, the findings with regard to consistency and compatibility would need to be satisfied. RECESS AND RECONVENE Council recessed at 8:45 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 9:30 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. ANNUAL CITYWIDE CLEAN-UP WEEK - MAY 4 THROUGH 8. 1992 (530.60) Written Communication: Report dated April 21, 1992, from the Management Assistant I, advising that the City's annual Clean -Up Week would be held May 4 through 8, 1992. It was moved by Councilman Hausdorfer, seconded by Councilman Harris, and unanimously carried that the Report be received and filed. -9- 4/21/92 2. AMENDMENT TO TITLE 5 OF THE MUNICIPAL CODE TO ADD CHAPTER 22 REGULATING THE DISPLAY OF MATERIAL WHICH IS HARMFUL TO MINORS (585.30) Written Communication: Report dated April 21, 1992, from the Assistant City Manager, _ forwarding a draft Ordinance restricting and regulating the display of pornographic magazines and other materials harmful to minors. 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 Friess, seconded by Councilman Harris, that the following Ordinance be introduced: PLACEMENT OF ADULT MATERIALS HARMFUL TO MINORS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING CHAPTER 22 TO TITLE 5 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE RELATING TO THE PLACEMENT OF MATTER HARMFUL TO MINORS The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones ABSENT: None Later in the meeting after this item was concluded, Bob and Rita Skora, 31942 Paseo de Elena, requested that in addition to the provisions in the draft Ordinance, provisions be included to restrict minors' access to areas containing such material and enforcement of the restriction. Mr. Scarborough stated that he and the City Attorney would meet with Mr. and Mrs. Skora regarding their concerns. Written Communication: Report dated April 21, 1992, from the Assistant City Manager, recommending that the Third Amendment to the Joint Powers Agreement for the Foothill/Eastern Transportation Corridor Agency be approved to allow the Fourth District Supervisor to participate on the Agency Board of Directors. -10- 4/21/92 61 457 Councilman Friess stated that there had not been a lot of support shown by other member cities and suggested the matter be tabled until more information is received. Motion to Table Item: It was moved by Councilman Hausdorfer, seconded by Councilman Harris, and unanimously carried that this item be tabled. DIRECTOR OF PLANNING SERVICES 1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) Written Communication: Report dated April 21, 1992, from the Director of Planning Services, advising that six new development applications were received by the City since the last report of March 17, 1992. It was moved by Councilman Friess, seconded by Councilman Vasquez, that the Report be received and filed. The motion was carried with Councilman Hausdorfer abstaining due to the proximity of the applications to his residence. 2. INITIATION OF AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT TO REDESIGNATE A 2.37 -ACRE PARCEL ON THE NORTHEAST CORNER OF ORTEGA HIGHWAY AND RANCHO VIEJO ROAD FROM MEDIUM RESIDENTIAL TO A SPECIAL STUDY AREA, GENERAL PLAN AMENDMENT 92-2 (PLAZA DE LAS GOLONDRINAS/BENNINGHOFF) (440.25) Written Communication: Report dated April 21, 1992, from the Director of Planning Services, recommending that consideration of a General Plan Amendment to the Land Use Element be initiated to redesignate a 2.37 -acre parcel located on the northeast corner of Ortega Highway and Rancho Viejo Road from Medium Density Residential to a Special Study (SS) area. The applicant proposes to construct a 28,000 -square -foot commercial and office center with a 4,500 -square -foot restaurant onto four separate parcels. Mary Raskin, Assistant Planner, presented the staff report. Public Comment: (1) Thomas Merrell, 31726 Rancho Viejo Road, Suite 223, project consultant for the applicant, stated that the proposed project would consist of mixed uses, 65% of which would be retail and the balance to consist of office -type uses. He noted the importance of including certain uses in order to obtain sufficient financing for the project. The applicant opposed restrictions on the retail uses. (2) The applicant/property owner, Charles F. Benninghoff III, stated that the proposed buildings would be small -11- 4/21/92 258 and in scale with an Old Monterey style of architecture and would hide the existing retaining wall. He discussed types of businesses and the environment he envisioned for the area. He stated that the processes the City would require, especially for an Environmental Impact Report, would be difficult for him economically and requested that: 1) the Council state support for the concept plan and that no percentage of allocations for the permitted uses be required, 2) the process for the zoning approvals be completed by August 1992, 3) Council give their support for the village market, and 4) the proposed General Plan Amendment not be required. (3) Roy Nunn, 31411 Camino Capistrano, architect for the project, assured the Council that this would be a first- class project. (4) Dave Stolte, commercial real estate broker with Charles Dunn Properties, stated that there is a need for this type of project in this area of the City. He discussed the economic requirements to finance the center._ Councilman Friess cited support of Mr. BenninghoffIs requests with the exception of the village market. He expressed concerns about the project's economic viability. He stated support for getting the project into the process. In response to Councilman Hausdorfer, Mr. Tomlinson stated that the current zoning is 1.4 Medium Residential, and the Land Use Element of the General Plan allows some professional office to be consistent with the designation, subject to approval of a Conditional Use Permit by the Planning Commission. However, since more than 50% of the proposed square footage is proposed to be office/retail uses, it is no longer considered a professional office designation and therefore requires a General Plan Amendment. No additional time would be required for this process, as it would be processed concurrently with the zone change and the develop- ment application. Mr. Tomlinson felt that this process could be concluded with a recommendation to the City Council by August 1992. Councilman Hausdorfer voiced his support for the concept plan but cited concerns regarding the proposed village market, the tenant mix and the wide range of uses which might be encouraged. Councilman Vasquez expressed concern about circulation along Ortega Highway and questioned whether the proposed uses would impact too heavily on Ortega Highway. Initiation of Consideration of General Plan Amendment: It was moved by Councilman Friess, seconded by Councilman Hausdorfer, that the following Resolution be adopted with the provision that staff create a time schedule for evaluating -12- 4/21/92 and processing this General Plan Amendment, to be expedited for completion by August 1992: RESOLUTION NO. 92-4-21-2. INITIATING AMENDMENT TO THE LAND USE ELEMENT - PLAZA DE LAS GOLONDRINAS/ BENNINGHOFF - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT TO DESIGNATE A 2.37 -ACRE SITE AT THE NORTHEAST CORNER OF RANCHO VIEJO ROAD AND ORTEGA HIGHWAY TO SPECIAL STUDY AREA (PLAZA DE LAS GOLONDRINAS/BENNINGHOFF) The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None INITIATION OF AN AMENDMENT TO SECTION 9-3.415 OF THE MUNICI- PAL CODE TO ALLOW ADDITIONAL PRINCIPAL USES IN THE COMMERCIAL MANUFACTURING DISTRICT (SPAULDING) (420.30) Written Communication: Report dated April 21, 1992, from the Director of Planning Services, recommending that an Amendment to the Land Use Element of the Municipal Code be initiated to determine whether additional manufacturing and processing uses should be allowed within Section 9-3.415 (Commercial Manufacturing -- CM). Initiation of Consideration of General Plan Amendment: It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the following Resolution be adopted: RESOLUTION NO. 92-4-21-3. INITIATING AMENDMENT TO SECTION 9-3.415 OF THE MUNICIPAL CODE TO ALLOW ADDITIONAL PRINCIPAL USES IN THE COMMERCIAL MANU- FACTURING DISTRICT (SYCAMORE BUSINESS PARK/SPAULDING) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING AN AMENDMENT TO SECTION 9-3.415 OF THE MUNICIPAL CODE TO ALLOW ADDITIONAL PRINCIPAL USES IN THE COMMERCIAL MANUFACTURING DISTRICT (SYCAMORE BUSINESS PARK/SPAULDING) -13- 4/21/92 The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None - ABSENT: None ORDINANCES AMENDMENT TO TITLE 5. CHAPTER 6 OF THE MUNICIPAL CODE RELATING TO INSPECTIONS FOR FARM LABOR CAMPS (ORANGE COUNTY HEALTH SERVICES) (560.80) (ADOPTION) Written Communication: Report dated April 21, 1992, from the City Clerk, advising that the Ordinance was introduced at the meeting of April 7, 1992, and was scheduled for adoption. Adoption of Ordinance: 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 Friess, seconded by Councilman Hausdorfer, that the following Ordinance be adopted: ORDINANCE NO. 701, REGULATING FEES FOR OPERATION OF FARM LABOR CAMPS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PERTAINING TO LABOR CAMPS AND ESTABLISHING FEES The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones lhN7��`.[7Ta ABSENT: None 2. _AMENDMENT TO TITLE 6 CHAPTER 2 OF THE MUNICIPAL CODE RELATING TO INSPECTIONS FOR FOOD SERVICES (ORANGE COUNTY HEALTH SERVICES) (560.80) (ADOPTION) Written Communication: Report dated April 21, 1992, from the City Clerk, advising that the Ordinance was introduced at the meeting of April 7, 1992, and was scheduled for adoption. Adoption of Ordinance: The City Manager read the title of the Ordinance next in order. Further reading of all Ordinances had been waived -14- 4/21/92 earlier in the meeting. It was moved by Councilman Friess, seconded by Councilman Hausdorfer, that the following Ordinance be adopted: ORDINANCE NO. 702, REVISING REGULATIONS PERTAINING TO FOOD HANDLING BUSINESSES AND HEALTH SERVICE FEES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING REGULATIONS PERTAINING TO FOOD HANDLING BUSINESSES AND HEALTH SERVICES FEES The motion carried by the following vote: AYES: Councilmen Friess, Harris, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: None COUNCILMANIC ITEMS 1. REVIEW OF COUNCIL POLICY NO. 212 - EXPANSION OF DEFINITION OF EXCUSED ABSENCES (610.30) Written Communication: Report dated April 21, 1992, from the Council Services Manager, recommending that the Council revise Council Policy No. 212 to expand the definition of "excused" absences for commission/board members. Adoption of Revised Policy No. 212: It was moved by Councilman Friess, seconded by Councilman Hausdorfer, and unanimously carried that revised Council Policy No. 212 be adopted expanding the definition of "excused" absences for commission/board members to include all absences for which the secretary to the advisory body was notified in advance of the meeting. _ORAL REPORTS OF OUTSIDE AGENCIES None. COUNCIL COMMENTS CONSTRUCTION ON VALLE ROAD (610.25 Councilman Friess requested that the Council be advised of the status of the response to a letter from Colleen Campbell expressing concerns regarding grading and construction of property on Valle Road. -15- 4/21/92 262 2. SOLAG RELOCATION (400.20) Councilman Friess noted the report from Douglas Dumhart regarding the status of the Solag relocation. He urged that staff continue to keep pressure on to resolve the issue and to find creative mechanisms from which to fund its - relocation. 3. SLOPE FAILURES (410.80) Councilman Friess requested an update from staff regarding the two slides which occurred recently in the City. 4. FAIR POLITICAL PRACTICES COMMISSION/CONFLICT OF INTEREST CODE (640.40) At the request of Councilman Hausdorfer, it was a consensus of the Council that the City Attorney review and provide a report on all FPPC rules and regulations for the benefit of staff and the City Council, particularly with regard to the completion of complicated forms for the FPPC. 5. CAMPAIGN DISCLOSURE REGULATIONS (630.50) At the request of Councilman Hausdorfer, it was a consensus of the Council that the City Attorney review the City's campaign contribution limits to comply with Proposition 73 and Federal Court of Appeals rulings before the November 1992 City election. CLOSED SESSION None. There being no further business before the Council, the meeting was adjourned at 10:20 p.m. to the next regular meeting date of Tuesday, May 5, 1992, at 7:00 p.m. in the City Council Chamber. ATTEST: `I.G1-L---JONES, MAYOR Respectfully submitted, CHERYL JOHN90N,VCITY CLERK -16- 4/21/92