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91-0205_CC_Minutes_Regular Meeting021 FEBRUARY 5, 1991 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 Friess at 7:04 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Camy Sullivan of the Baha'i Faith/Local Spiritual Assembly of San Juan Capistrano. ROLL CALL: PRESENT: Kenneth E. Friess, Mayor Lawrence F. Buchheim, Councilman Gary L. Hausdorfer, Councilman Gil Jones, Councilman Jeff Vasquez, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; John R. Shaw, 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; Ronald C. Sievers, Director of Public Lands and Facilities; Thomas G. Merrell, Director of Planning Services; Al King, Director of Community Services; Nancy Bernardi, Recording Secretary. DEDICATION OF MEETING Mayor Friess dedicated the meeting to Rose Corrigan, F. E. Birtcher, and Fred Sutherland, three long-time residents of San Juan Capistrano who passed away recently. CITY-WIDE BLOOD DRIVE David Swerdlin, head of the City blood drive for the Red Cross, stated that he needed more volunteers for the blood drive to be held on Friday, February 22, 1991, from 2:00 p.m. to 7:00 p.m. at the Samaritan Hospital in San Clemente. MINUTES Adjourned Regular Meeting of January 8. 1991: It was moved by Councilman Jones, seconded by Councilman Hausdorfer, that the Minutes of the Adjourned Regular Meeting of January 8, 1991, be approved as submitted. The motion carried by the following vote: -1- 2/5/91 22 AYES: Councilmen Jones, Vasquez, and Mayor Friess NOES: None ABSTAIN: Councilmen Buchheim and Hausdorfer ABSENT: None Regular Meeting of January 15 1991: Councilman Vasquez requested clarification as to the exact motion made by the Council initiating a legal review of the City Manager's contract. There was a consensus of the Council that the Minutes of January 15, 1991, be returned for approval at the meeting of February 19, 1991, for clarification of the motion. MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, and unanimously carried that all Ordinances be read by title only. COUNCILMANIC ITEMS 1. COUNCIL REVIEW OF SAN JOAQUUIN HILLS TRANSPORTATION CORRIDOR (800.50) Councilman Buchheim and Hausdorfer left the Chamber due to conflicts of interest. Written Communication: (1) Report dated February 5, 1991, from the Director of Planning, presenting a staff analysis of concerns relating to the Draft Environmental Impact Report; (2) Supplemental report dated February 5, 1991, reporting on the Response to Comments received from the Transportation Corridor Agency Board on February 4, 1991; (3) Letter dated January 26, 1991, from Robert King, 29422 Spotted Bull Way, requesting that the City provide bus transportation to the Transportation Corridor Agency public hearings in Santa Ana. Mayor Friess gave a brief summary of the public hearing process to date. Bill Ramsey, Senior Planning, reviewed the issues identified by the Council: 1) Build vs. No Build, 2) the two alternative routes, and 3) the Agency Board's Responses to -2- 2/5/91 023 Comments. Staff recommended that the Council forward a recommendation not to certify the Draft Environmental Impact Report (DEIR) for the corridor due to the Board's inadequate responses with regard to issues of traffic and circulation, noise, air quality, residential relocation, land use compati- bility, and construction impacts. Mr. Ramsey noted that if no corridor were constructed, Interstate 5 would probably be widened and would require additional right-of-way. Councilman Vasquez inquired if the overall County transportation plans included a system for mass transit along Interstate 5. Mr. Ramsey indicated that the Agency would address mass transit more seriously if no corridor was approved. Mayor Friess noted that the Transportation Corridor Agency Board had scheduled public hearings regarding certification of the DEIR on February 14 and 28, 1991, and on March 14, 1991, for action on the DEIR and the two alternative align- ments. Public Comments: (1) Mark Clancey, 31982 Via de Linda, representing Friends of Historic San Juan, suggested that the Council continue the item to the meeting of February 19, 1991. He noted that he had not yet received any response from the Agency Board to his written comments. (2) Richard Hill Adams, a San Juan Capistrano resident, spoke in favor of constructing the corridor as soon as possible since a gasoline tax had been approved by the voters to help pay for transportation improvements. (3) Ray Peterson, 31121 Via Santo Tomas, president of Capistrano Gardens Homeowners Association No. 2, spoke in opposition to the DEIR, noting that the DEIR does not address impacts to communities adjacent to the freeway. (4) Carlos Negrete, 27422 Calle Arroyo, inquired about Councilman Hausdorfer's abstension in this matter. The City Attorney explained that Councilman Hausdorfer's wife is an employee of the Keith Company, a firm that may perform construction work involved with the corri- dor. He noted, however, that the firm was not on the Agency Board's bid list and that the City was awaiting a formal opinion from the Fair Political Practices Commission. (5) Ed Connor, 30651 Steeplechase Drive, spoke in favor of the corridor and certifying the DEIR because the corridor would alleviate traffic problems in the City. -3- 2/5/91 11 024 (6) Bob Davies, 27393 Paseo Ravenna, stated that it was important that the Agency Board consider the comments made by the Environmental Protection Agency. He felt that the DEIR should not be certified because it did not address the issue of water conservation and the fact that the corridor would use a large amount of water to compact soil and make concrete. (7) Luvena Hayton, resident of Corona del Mar, spoke in favor of the corridor because it would alleviate traffic congestion on Pacific Coast Highway in Corona del Mar. (8) Ron Greek, 32081 Via Buho, Trabuco Canyon, President of the Saddleback Coordinating Council, expressed the unanimous support by the Council's board of directors for the corridor due to the need for a regional transportation system. (9) Bob Sweeney, 26442 Woodcrest Lane, felt that the DEIR should not be certified because it would encouraged growth in outlying areas and the economic benefits do not outweigh the environmental impacts. (10) Marsha Rudolph, 24312 Blue Ridge, E1 Toro, spoke in favor of the confluence Alternative No. 2 for the corridor and cited environmental impacts in her area due to the current traffic congestion. (11) Pamela Toomey, 29331 Applewood Court, spoke in opposi- tion to the corridor because the increase in traffic would continue the U.S.'s dependence on foreign oil. Instead, she suggested that a light rail system be considered as the first priority in improving the County transportation system. (12) Reed Royalty, 30205 Hillside Terrace, spoke in favor of certifying the DEIR so that construction of the corridor can move forward quicklty to remedy current traffic problems. (13) Randy Clark, 29341 Spotted Bull Way, felt that the DEIR should not be certified because of its major impact upon the environment and because it did not address time- frames for construction of carpool lanes and rapid transit. (14) Nancy King, 29422 Spotted Bull Way, spoke in opposition to the corridor and certification of the DEIR because of its adverse impact upon the open space areas, the -4- 2/5/91 025 exclusion of biking or equestrian trails, and noise pollution. (15) Russell Burkett, 29520 Spotted Bull Lane, submitted documents from a previous environmental impact reports indicating that widening the present freeway to eight lanes on each side would not sufficiently alleviate the traffic problems; that goal for the corridor in 1988 was to accommodate planned development and minimize regional traffic; and, that current goal is to alleviate present traffic in I-5. (16) Tom Ahern, 26901 Canyon Crest Road, stated strong concerns regarding the February 4, 1991, decision of Laguna Niguel to unanimously support the confluence Alternative No. 1. He felt that the connection of this corridor to the proposed Foothill Corridor needed to be addressed now. (17) Frank Sindoni, 29982 Saddleridge, voiced opposition to the corridor and stated concern that serious consideration had not been given to a previous recommendation that the tollway cross over the I-5 freeway and connect with the Foothill Corridor in the back country. (18) Bob King, 29422 Spotted Bull Way, submitted a letter dated February 4, 1991, from Dean Steinke of the Village San Juan Homeowners Association in opposition to the corridor. He also submitted a petition with 3,008 signatures requesting that the Council oppose the corridor because the DEIR cannot be justified, the corridor would encourage new development, and would create adverse impacts to the environment and quality of life. He encouraged that alternative solutions be sought. If the DEIR was certified, he suggested that the City file a lawsuit to challenge the validity of the EIR. Council Comments: Mayor Friess requested that the DEIR's statement regarding an additional 45,000 cars on Interstate 5 resulting from the new corridor be clarified by the March 14, 1991, Transportation Corridor meeting. Councilman Jones felt that the corridor would be growth inducing and suggested that the City take the initiative in recommending to the Agency Board that alternative transporta- tion systems be studied. -5- 2/5/91 Councilman Vasquez felt there would be no long-term benefits to the City from the construction of the corridor and that its adverse impacts to air quality and the quality of life would be significant. He felt that the confluence Alternative No. 2 would be financially unfeasible and -� stressed the need for a mass -transit system. Mayor Friess stated that there are many problems with the DEIR as it currently exists and that the EIR should address, as another alternative, the integration of a light rail system within the existing right-of-way. Mayor Friess noted the receipt of a letter dated January 26, 1991, from Robert King, requesting that the City provide five full-size buses for round-trip transportation for City residents to the Transportation Corridor Agency public hearings in Santa Ana. Recommending DEIR Not Be Certified: It was moved by Councilman Jones and seconded by Councilman Vasquez that the following Resolution be adopted recommending that the Transportation Corridor Agency Executive Board not certify the Draft Environmental Impact Report for the proposed San Joaquin Hills Transportation Corridor: RESOLUTION NO 91-2-5-1 CONSIDERATION OF THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR - A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RECOMMENDING THAT THE TRANSPORTATION CORRIDOR AGENCY EXECUTIVE BOARD NOT CERTIFY THE DRAFT ENVIRONMENTAL IMPACT REPORT. The motion carried by the following vote: AYES: Councilmen Jones, Vasquez, and Mayor Friess NOES: None ABSENT: Councilmen Buchheim and Hausdorfer Approval of Bus Transportation: It was moved by Councilman Vasquez, seconded by Councilman Jones, and carried with Councilmen Buchheim and Hausdorfer absent, to provide up to five busses to San Juan Capistrano residents interested in attending the February 14, 1991, public hearing in Santa Ana; the number of busses provided to be based on sign ups received at the City Clerk's office by February 12, 1991. -6- 2/5/91 0271 Policy Statement: It was moved by Councilman Vasquez that the City Council adopt a policy opposing the construction of the corridor as proposed and that a citizens committee be appointed to assist the Council in the development of such policy. The motion died due to a lack of a second. Councilman Jones stated he felt the DEIR hearing process should be completed prior to such an action. RECESS AND RECONVENE Council recessed at 9:09 p.m. and reconvened at 9:29 p.m. with all Council Members present. PRESENTATIONS AND COMMENDATIONS RECOGNITION OF LONG-TERM EMPLOYEES (730.90 Written Communication: Report dated February 5, 1991, from the Assistant City Manager, forwarding the list of employees who have served the City for 10 and 15 years. Mayor Friess introduced Fico Aguilera, Senior Construction Inspector (10 years), and George Arreola, Equipment Mainten- ance Worker (15 years), and presented them with plaques commemorating their years of service. PROCLAMATION DESIGNATING THE WEEK OF FEBRUARY 11-15, 1991, AS "MISS SAN JUAN CAPISTRANO WEEK" (610.40) Written Communication: Report dated February 5, 1991, from the City Clerk, forward- ing the Proclamation. Ms. Tamara Davis, Chairperson for the 1991 Miss San Juan Capistrano Contest, noted the upcoming Contest to be held on February 15, 1991, at 7:00 p.m. at the Capistrano Valley Church. Fifteen of the seventeen contestants were present and introduced themselves. Presentation of Proclamation: Mayor Friess read the Proclamation in full and presented the Proclamation to Laurie Lawson, Miss San Juan 1990. -7- 2/5/91 1 ORAL COMMUNICATIONS 1. APPEAL OF PLANNING COMMISSION ACTION - PLAZA DEL OBISPO (410.60) Mark Clancey, 31892 Via de Linda, received clarification regarding the right to address items under the appeal that were not specifically listed in the letter of appeal. 2. LOW-COST HOUSING (430.50) Pauline Leonard, representing the Mary Erickson Foundation, a non-profit organization, requested a meeting with the City Council and/or staff to study the possibility and selection of a suitable site for construction of low-cost rental housing, noting that many families can no longer afford to purchase a home. Mayor Friess and Councilman Jones offered to meet with Mrs. Leonard on behalf of the City Council. 3. AUDIT OF CITY MANAGER CONTRACTS/LOANS (600.30) Carlos Negrete, 27422 Calle Arroyo, noted that on January 15 Council had voted to employ an outside law firm for preparation of an opinion regarding the loans to the City Manager and inquired if the report had been completed. Mayor Friess advised that the subcommittee had not reached a decision on a firm. Councilman Jones stated that he had requested staff to contact more firms for an interview because he did not feel comfortable with the ones that had been interviewed. He stated a report will be forthcoming once the right firm had been selected. He further stated a need to be prudent in the approach to the financial aspects of this and to be sure the publics' concerns can be satisfied. Councilman Jones noted the firms interviewed had varied in the time needed to prepare a report from two weeks to 30 days and noted he was uncomfortable with a two week time frame because he felt a thorough job could not be done. Mayor Friess responded to Mr. Negrete that the soonest an action could be taken would be February 19 and the item would be on that agenda if a decision had been reached by the subcommittee. Councilman Hausdorfer stated that the subcommittee should not be given any other options but to have a recommendation ready for the February 19 meeting; that this matter had drug on much too long, creating doubts in peoples' minds. He asked for a consensus that this item be agendized for the next meeting and that action be taken no later than February 19. He stated it was incumbent on Council to address the issue as soon as possible. There was a consensus of Council that the matter be agendized for the February 19, 1991, meeting. -8- 2/5/91 I'M *1 Councilman Vasquez requested that the issue of the contract amounts be discussed in Closed Session, possibly coming up with an agreement tonight that would be acceptable. The City Attorney advised that the issue of retaining an outside consultant in a matter like this would not qualify as either a personnel or legal session and would not be permitted for discussion in Closed Session under the Brown Act regulations; any discussion would have to take place in public. Councilman Vasquez stated he had some thoughts about the process he would like to share. Finding for Consideration of Off -Agenda Item: Since the need to take action on the selection of a legal/auditing firm arose subsequent to posting of the Council agenda, it was moved by Councilman Vasquez, seconded by Councilman Hausdorfer and carried with Councilman Jones voting in the negative to discuss the item tonight. Councilman Hausdorfer stated that this motion was the required 4/5 vote to discuss the matter later in the meeting and Mayor Friess stated it would be discussed following conclusion of business listed on the printed agenda. Susan B. Craft, 28181 Calle San Remo, noted a letter in the Los Angeles times regarding use of the District Attorney's Office for the legal review of the City Manager's contracts and inquired if that was under consideration. Mayor Friess advised the matter would be discussed later in the meeting. CONSENT CALENDAR It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated January 24, 1991, in the total amount of $1,692,664.77, was approved as submitted. -9- 2/5/91 REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60) The Report dated February 5, 1991, from the Director of Planning, regarding actions taken at the meeting of January 16, 1991, was ordered received and filed. 3. REPORT OF EQUESTRIAN AND TRAILS COMMISSION ACTIONS (930.40) The Report dated February 5, 1991, from the Director of Community Services, regarding actions taken at the meeting of January 14, 1991, was ordered received and filed. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50) The Report dated February 5, 1991, from the Director of Planning, regarding actions taken at the meeting of January 24, 1991, was ordered received and filed. 5. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated February 5, 1991, from the Director of Community Services, regarding actions taken at the meeting of January 21, 1991, was ordered received and filed. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated February 5, 1991, from the Director of Planning, regarding actions taken at the meeting of January 22, 1991, was ordered received and filed. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated February 5, 1991, from the Director of Engineering and Building, regarding actions taken at the meeting of January 9, 1991, was ordered received and filed. 8. RELEASE OF FAITHFUL PERFORMANCE BOND IN THE AMOUNT OF $44,000 FOR SUBDIVISION MONUMENTS TRACT 12954 (MARBELLA) (600.30) As set forth in the Report dated February 5, 1991, from the Director of Engineering and Building, obligation bond No. NA 100643 in the amount of $44,000, National Indemnity Company, , for Tract 12954 (Marbella), for the installation of center- line monuments was released, based upon the work being completed, inspected, and documented. -10- 2/5/91 031 RESOLUTION. QUITCLAIM OF UNACCEPTED IRREVOCABLE OFFER - AGUACATE LANE (670.50) As set forth in the Report dated February 5, 1991, from the Director of Engineering and Building, the following Resolu- tion was adopted quitclaiming the unused Irrevocable Offers adjacent to Aguacate Lane, as requested by the affected property owners: 649-101-01. -02, -03. -04, AND 649-311-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE QUITCLAIM OF UNACCEPTED IRREVOCABLE OFFERS FOR ROAD RIGHT- OF-WAY (AGUACATE LANE) WITHIN ASSESSOR'S PARCELS NOS. 649-101-01, -02, -03, -04, AND 649-311-15. The Mayor and City Clerk were authorized to execute the deed for forwarding to the Orange County Recorder. 10. DENIAL OF CLAIM - SOIL SUBSIDENCE (JAMES AND DONNA RONIS) (170.10) The claim received by the City on January 2, 1991, from Paula E. Meyer, attorney for James G. and Donna Ronis, in the amount of $822,239.62 for soil subsidence at 30631 Steeple- chase Drive, was denied, as set forth in the Report dated February 5, 1991, from the City Attorney. PUBLIC HEARINGS 1. PROPOSED REZONE NO. 89-05, SPECIFIC DEVELOPMENT PLAN NO. 90-01, GROWTH MANAGEMENT PLAN NO. 89-01, RIDGELINE EXCEPTION NO. 90-01, AND ENVIRONMENTAL IMPACT REPORT NO. 90-02 (CONCORDE DEVELOPMENT) (CONTINUED) (460.20/410.50/440.50[ 420.30) Proposal: Continuation of the public hearings of January 8, 1991, and November 20, 1990, to allow Planning Commission and Traffic and Transportation Commission review of the issue of the extension and ultimate configuration of Camino Las Ramblas. Project Applicant: Concorde Development 19752 MacArthur Blvd., Suite 240 Irvine, CA 92715 -11- Property Owner Mr. Morris Misbin 33901 Calle Borrego San Juan Cap. 92675 2/5/91 MIM Written Communication: (1) Report dated February 5, 1991, from the Director of Planning, summarizing the analyses and recommendation by the Traffic and Transportation Commission and the Planning Commission regarding the extension and ultimate configuration of Camino Las Ramblas. (2) Letter dated February 4, 1991, from Dennis Nelson, Concorde Development, requesting that the item be continued to the meeting of February 19, 1991. Continuation of Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing. There being no response, it was moved by Councilman Hausdorfer, seconded by Councilman Jones, and unanimously carried that the public heari , be continued to the meeting of February 19, 1991. RECESS AND RECONVENE Council recessed at 10:00 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 10:01 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. CONSIDERATION OF EXECUTION OF AGREEMENT WITH COUNTY OF ORANGE Written Communication: Report dated February 5, 1991, from the Assistant City Manager, forwarding the Agreement for Provision of Gang Prevention and Suppression Services between the County of Orange and the Cities of Dana Point, Laguna Niguel, and San Juan Capistrano. Mr. Julian gave an oral presentation, noting that the program targets identified gang members who are on probation. Certain police services within the City will be reduced to cover the costs of this program. Mr. Julian recommended that the City, in addition to the County program, develop an appropriate contract with the City of San Clemente and Community Service Programs, Inc. (CSP) for prevention programs for non -gang members. Authorization of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that the Agreement for Provision of Gang Prevention and Suppression Services between the County of Orange and the Cities of Dana Point, Laguna -12- 2/5/91 033 Niguel, and San Juan Capistrano be authorized for a one-year period. Staff was directed to initiate reduction of Parking Control Officer hours from 56 to 40. It was a consensus of the Council that staff work with the City of San Clemente and CSP to develop a mutual prevention program. RESOLUTIONS SPECIFYING THE PROCESS FOR PERMITTING AND SITING OF SOLID WASTE FACILITIES RECYCLING LESS THAN 15% OF MATERIAL RECEIVED (ASSEMBLY BILL 2296) (810.60) Written Communication: Report dated February 5, 1991, from the Assistant City Manager, forwarding two Resolutions addressing the process in which solid waste processing facilities are approved and sited. The action was necessary due to Assembly Bill 2296 requirements that each City approve procedures for handling wastefacilities until the new County Integrated Waste Management Plan is completed and approved. Process for Facilities Serving More Than One Jurisdiction: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, that the following Resolution be adopted: RESOLUTION NO. 91-2-5-3, SPECIFYING PROCESS FOR ORANGE COUNTY SOLID WASTE FACILITIES SERVING MORE THAN ONE JURISDICTION (ASSEMBLY BILL 2296) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SPECIFYING THE PROCESS FOR APPROVING AND SITING IN ORANGE COUNTY SOLID WASTE FACILITIES REUSING OR RECYCLING LESS THAN 15% OF MATERIAL RECEIVED AND SERVING MORE THAN ONE JURISDICTION The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez and Mayor Friess NOES: None ABSENT: None Process for Facilities Serving Only One Jurisdiction: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, that the following Resolution be adopted: -13- 2/5/91 RESOLUTION NO 91-2-5-4 SPECIFYING PROCESS FOR ONE JURISDICTION (ASSEMBLY BILL 2296) - A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SPECIFYING THE PROCESS FOR APPROVING AND SITING IN ORANGE COUNTY SOLID WASTE FACILITIES REUSING OR RECYCLING LESS THAN 15% OF MATERIAL RECEIVED AND SERVING ONLY ONE JURISDICTION The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None REQUEST FOR APPROVAL To AMEND AGREEMENT FOR REVISIONS TO SAN .n.Ori+aP n,%TcnxmTATn CMAMTAMIR fgnVaAl EMERGENCY Written Communication: Report dated February 5, 1991, from the Assistant City Manager, forwarding amended contract estimates with Scientific Ecology Group, Inc. for additional services, including incorporating recent organizational changes within the City, changes within the County's plans, and incorporat- ing new City staff members. Approval of Amended Contract: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, and unanimously carried that the Emergency Response Plan contractual amount with Scientific Ecology Group, Inc. be amended, increasing costs from $9,950 to $14,750. CITY ATTORNEY 1. RESOLUTION APPROVING APPLICANT'S APPEAL OF PLANNING DECISION REGARDING PROPOSED BARN LOT 67 TRACT 9382 (MAURER) (420.40) Written Communication: (1) Report dated February 5, 1991, from the City Attorney, forwarding the Resolution upholding the Coral Properties appeal, as directed by the City Council at its meeting of January 15, 1991. (2) Letter dated February 4, 1991, from Leonard Hampel with the law firm of Rutan & Tucker, 611 Anton, Costa Mesa, -14- 2/5/91 035 requesting modification to the resolution submitted by the City Attorney. (3) Letter dated February 4, 1991, from Leonard Hampel with the law firm of Rutan & Tucker, stating that the new fees approved by Resolution No. 90-11-6-1 and the new development review procedures approved by Ordinance No. 670 should not be applied to Mr. Maurer's proposed multi -use structure. The City Attorney advised he had not had time to review the appellant's request and suggested the item be continued. Mark Maurer of Coral Properties stated that if the item were continued, the Environmental Review Board hearing on this matter scheduled for February 13, 1991, would have to be canceled. He expressed concern that the proposed Resolution, as presently worded, would be detrimental to the future of his project and recommended that the resolution written by his attorney be accepted. The Director of Planning stated he had no objection to proceeding with the Environmental Review Board hearing, since the directio of Council had been clear. Patrick Munoz, attorney at Rutan & Tucker, representing the applicant, felt that the Resolution written by the City Attorney expanded upon and broadened the decision made by the City Council. Following discussion, Mr. Shaw and Mr. Munoz concurred that they would be willing to work together to develop language acceptable to both parties. Continuation of Item: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that the item be continued to the meeting of February 19, 1991, for the attorneys to agree on mutually acceptable language. Mayor Friess indicated that although adoption of the Resolution would be delayed to the Council meeting of February 19, the applicant would not be prejudiced at the ERB hearing on February 13. DIRECTOR OF PLANNING 1. SET _APPEAL DATE PLANNING COMMISSION DECISION OF DECEMBER 18. 1990 - ARCHITECTURAL CONTROL 90-7. TINY'S RESTAURANT/PLAZA DEL ORTEGA (S. ALAN SCHWARTZ & ASSOCIATES) (410.60) Written Communication: (1) Report dated February 5, 1991, from the Director of Planning, recommending that a hearing be scheduled for -15- 2/5/91 the City Council meeting of February 19, 1991, relative to the appeal by Mark Clancey of the Planning Commission's decision on Plaza del Ortega. Appeal Hearing Scheduled: It was moved by Councilman Hausdorfer, seconded by Councilman Vasquez, and unanimously carried that consideration of the appeal by Mark Clancey of the Planning Commission action of December 18, 1990, which conditionally approved AC 90-07 (Plaza Del Ortega), be scheduled for the meeting of February 19, 1991. APPEAL OF DESIGN REVIEW COMMISSION ACTION OF DECEMBER 18. _1990 SIGN PROGRAM ARCHITECTURAL CONTROL 88-4 31888 PASEO MERCADO DE CAPISTRANO (PAYLESS SHOESOURCEI (410.60) Written Communication: (1) Report dated February 5, 1991, from the Director of Planning, recommending that the Design Review Commission's action to deny the use of Payless ShoeSource's trademark colors of yellow and orange for their tenant sign be affirmed; (2) Letter dated February 4, 1991, from the appellant requesting that the appeal be continued to February 19, 1991. Contination of Appeal: It was a consensus of the Council that the appeal be contin- ued to the meeting of February 19, 1991, at the request of the appellant. DIRECTOR OF ENGINEERING AND BUILDING SERVICES 1. written Communication: Report dated February 5, 1991, from the Director of Engineer- ing and Building, recommending that the signal be reconsid- ered by the Traffic and Transportation Commission as a Capital Improvement Project since the intersection does not presently meet minimum warrant criteria for installation of a traffic signal. Referral to Traffic and Transportation Commission: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that the item be returned to the Traffic and Transportation Commission when they consider and prioritize Capital Improvement Projects for recommendation into the 1991-92 budget to the City Council -16- 2/5/91 037 and that the signal at Las Golonodrinas be installed and its impact evaluated prior to the installation of the signal at Avenida Padre. ORDINANCES ' 1. ORDINANCE ESTABLISHING SECTION 9-3.628, VEGETATION FUEL MODIFICATION. TO TITLE 9 OF THE MUNICIPAL CODE - ESTABLISHING DESIGN STANDARDS AND MAINTENANCE REGULATIONS TO CREATE FIRE RETARDANT VEGETATION BUFFERS (ADOPTION) (420.30) Written Communication: Report dated February 5, 1991, from the City Clerk, advising that the Ordinance was introduced at the meeting of January 15, 1991, and was scheduled for adoption. Adoption of Ordinance: The City Attorney 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 Buchheim, seconded by Councilman Jones, that the following Ordinance be adopted: ORDINANCE NO. 682. ORDINANCE ESTABLISHING VEGETA- TION FUEL MODIFICATION REGULATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION 9-3.628, ENTITLED "VEGETATION FUEL MODIFICATION" TO TITLE 9 "LAND USE" OF THE MUNICI- PAL CODE. The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None COUNCILMANIC ITEMS (CONTINUED) 1. APPOINTMENT OF ONE AT -LARGE MEMBER AND ONE ALTERNATE AT -LARGE MEMBER TO THE MOBILE HOME PARK REVIEW COMMITTEE (110.20) Written Communication: Report dated February 5, 1991, from the Council Services Manager, noting that two applications were received for consideration. -17- 2/5/91 1 It was a consensus of the Council that appointments of members to this committee be continued in order to receive additional applications. 2. APPOINTMENT OF ONE MEMBER TO THE LOS RIOS REVIEW COMMITTEE (110.203 Written Communication: Report dated February 5, 1991, from the Council Services Manager, noting that one application was received for consideration. Appointment to Committee: Councilman Jones nominated John Taylor. There being no further nominations, nominations were closed and it was moved by Councilme Jones, seconded by Councilman Buchheim, and unanimously tried that John Taylor be appointed to the Los Rios Review . mmittee. APPOINTMENT OF ONE MEMBER TO THE PLANNING COMMISSION (110.20 Written Communication: Report dated February 5, 1991, from the Council Services Manager, noting that the ad hoc committee consisting of Councilmen Jones and Vasquez interviewed twenty-seven applicants for the vacancy on the Planning Commission. Councilman Jones nominated John Greiner, and Councilman Vasquez nominated Nancy Ferruzzo for appointment. There being no further nominations, nominations were closed. Appointment to Committee: it was moved by Councilman Jones, seconded by Councilman Hausdorfer, and unanimously carried that John Greiner be appointed to the Planning Commission. Councilman Jones inquired about retention of the applications on file for this Commission. There was a consensus of the Council that Councilmen Jones and Vasquez submit the names of their top seven candidates for combination into a list to remain on file. ACCEPTANCE OF RESIGNATION AND DECLARATION OF VACANCY (MARGUERITE KENNEDY LOS RIOS REVIEW COMMITTEE (110.20) Written Communication: Report dated February 5, 1991, from the Council Services Manager, forwarding the letter of resignation. -18- 2/5/91 Acceptance of Resignation/Declaration of Vacancy: It was a consensus of the Council that the resignation of Marguerite Kennedy from the Los Rios Review Committee be accepted and that the position be declared vacant. Staff was directed to prepare appropriate documents to commend Ms. Kennedy for her community service. The City Clerk was directed to post notices of the vacancy and to advertise for applications for the position. 5. COMMISSION STANDARDS (110.10 Mayor Friess requested that staff formulate standards for ongoing commission activities, including member attendance, and present them for consideration at the March 5, 1991, meeting. Councilman Hausdorfer suggested that staff provide the Council with the existing standards, with additions to be recommended by the Council. Mr. Julian emphasized the importance of establishing these standards prior to the annual review appointments to commissions and boards. 6. ORAL REPORTS OF OUTSIDE AGENCIES a. League of California Cities (140.201 Councilman Hausdorfer noted that a special meeting had been scheduled for February 15, 1991, to appoint two city members to the Regional Correctional Facilities Commission. It was a consensus of the Council that the City support the appointments of Mayor Sheridan of Irvine and Councilman Richards of Santa Ana. GRAFFITI (560.30) Councilman Hausdorfer requested that the graffiti on the back of a power transformer at the old Super 7 gas station at the corner of Del Obispo Street and Camino Capistrano be removed as soon as possible. 2. DOWNTOWN REDEVELOPMENT (400.20 ' Councilman Vasquez noted his attendance at the League Conference. He remarked on the public participation in Santa Barbara in the design of the City's downtown redevelopment area and suggested that San Juan Capistrano consider a similar type of community involvement. -19- 2/5/91 3. CAPISTRANO DEPOT (910.40) Mayor Friess noted receipt of a memorandum from Cassandra Walker, Community Development Manager, advising that the Depot application to Caltrans for funding of the railroad platform was accepted and will be presented to the California Transportation Commission for approval. The application was ranked 11th and has excellent possibilities for obtaining funding. CHOICE OF MANAGEMENT AUDIT FIRM (CITY MANAGER CONTRACTS/LOANS) (600.30) Earlier in the meeting the Council authorized that the selection of a legal/auditing firm regarding the City Manager's contracts be placed on the agenda for discussion. Councilman Hausdorfer felt it was important to move the legal review/audit along and urged that the Council appoint two separate firms --one legal and the other accounting --to perform the audit and comment on the legality. He felt is was clear that staff be involved with the process. Councilman Jones stated the intent had been to have an audit and a legal analysis of the transactions that took place. He felt that the financial audit should be conducted first, followed by a legal analysis because that process would probably be less expensive. Because the two legal firms interviewed had such differing estimations of costs, he suggested that additional firms be considered. He further stated concerns that the contract with Brobeck, Phleger & Harrison was open ended and that performing the work too quickly may compromise the quality of the review. He cited concerns that all firms interviewed had loose ends from a financial aspect. Councilman Vasquez stated he had asked each firm interviewed to analyze the accounts in the newspaper articles, Mr. Julian's responses to those articles, and how the firms would proceed with their review of the matter. He felt that the international firm of Brobeck, Phleger & Harrison clearly identified the process they would take, with an estimated completion date of two weeks at a cost not to exceed approximately $10,000 - $15,000. The legal firm of Whitmore & Kay did not place a cap on their fees and the time period to conduct the review was much longer than the other firm. He stated concern that staff involvement would taint the process. He stated a need to take action. Mayor Friess clarified that the review would be a management audit of the City Council's actions and not an investigation of the City Attorney or the City Manager. He felt that the estimates received from the firms interviewed to date were very high and -20- 2/5/91 041 suggested that perhaps the District Attorney's Office could conduct the legal review after the financial audit was completed. Councilman Jones concurred. Councilman Hausdorfer suggested negotiating a contract with the financial firm of Deloitte Touche; Councilmen Jones and Vasquez could do additional work and then recommend a legal firm to review the audit. He felt it would be inappropriate to conduct the reviews without staff assistance. Selection of Auditing Firm: It was moved by Councilman Hausdorfer and seconded by Councilman Buchheim and carried with Councilman Vasquez voting in the negative that the firm of Deloitte Touche be retained to conduct the management audit of the contracts in question to determine if there was any misuse of public funds; the subcommittee of Councilmen Jones and Vasquez would negotiate the contract with staff assistance. Councilman Vasquez declined to participate in the selection of a legal firm because he felt the transactions in question were legal agreements and an attorney would be more qualified to direct the audit and address specific concerns; that his objectives could not be accomplished and that hiring just the accounting firm instead of hiring one firm which would conduct both the accounting and legal review simultaneously would delay the process further. Regarding the legal firm, the City Attorney indicated that the firm of Whitmore & Kay was one of the two top firms in the state experienced in labor law. Councilman Hausdorfer suggested that a contract with Whitmore & Kay be negotiated, based on the fact that the firm is one of two eminently qualified firms and has not performed any work for San Juan Capistrano. Selection of Lecral Firm: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and carried with Councilman Vasquez voting in opposition to enter into negotiations with the firm of Whitmore & Kay to do a legal review of the contracts in question; that the contract be brought before Council for approval of the contents and costs involved. Councilman Jones is to work with the Assistant City Manager to negotiate a contract and costs prior to entering into any formal contract, with the proposed contract to be submitted for Council consideration on February 19, 1991. Councilman Vasquez felt that the firm would not be a good choice because of their location and because the City would incur high transportation and housing costs for the attorney performing the review, with no cap on costs. He suggested that the costs be negotiated up front. -21- 2/5/91 042 Discussion ensued regarding the issue of disclosure and there was a general consensus with the City Attorney's suggestion that the issue be discussed with Whitmore & Kay and the subcommittee and language developed and reviewed at the next meeting. Mr. Julian clarified that he is not involved with the process, is not directing the activity, and has not participated with Council- men Jones or Vasquez. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:36 p.m. to the next regular meeting date of Tuesday, February 19, 1991, at 7:00 p.m. in the City Council Chamber. ATTEST: KENNETH E. FRIESS, MA OR Respectfully submitted, CHERN • �� -22- 2/5/91 1