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91-0618_CC_Minutes_Regular Meeting225 JUNE 18, 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 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Mayor Friess. 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: George Scarborough, Assistant City Manager; Thomas Clark, Acting City Attorney; Cheryl Johnson, City Clerk; David Bentz, Director of Administrative Services; William M. Huber, Director of Engineering and Building Services; Thomas Tomlinson, Acting Director of Planning Services; Al King, Jr., Director of Community Services; Ronald C. Sievers, Director of Public Lands and Facilities; Jeffrey C. Parker, Assistant to the City Manager; Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of May 21. 1991: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, that the Minutes of the Regular Meeting of May 21, 1991, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Vasquez, and Mayor Friess NOES: None ABSTAIN: Councilman Buchheim ABSENT: None Regular Meeting of June 4 1991: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, that the Minutes of the Regular Meeting of June 4, 1991, be approved as submitted. The motion carried by the following vote: -1- 6/18/91 226 AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None Adjourned Regular Meeting of June 11. 1991: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, that the Minutes of the Adjourned Regular Meeting of June 11, 1991, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Jones, Buchheim, Vasquez, and Mayor Friess NOES: None ABSTAIN: Councilman Hausdorfer ABSENT: None 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. PRESENTATIONS AND COMMENDATIONS 1. PRESENTATION - ATSUO ITO MEMBER OF THE LOS RIOS REVIEW COMMITTEE (110.30) Written Communications: Report dated June 18, 1991, from the Council Services Manager. Mayor Friess presented a City seal tile plaque to Atsuo Ito, member of the Los Rios Review Committee, for his contributions and commitment to the preservation of the Los Rios Historic District and to the community as a whole. 2. PRESENTATION STONEHILL DRIVE EXTENSION GROUNDBREAKING (WILLIAM MURPHY) (610.40) Written Communications: Report dated June 18, 1991, from the Council Services Manager. Mayor Friess presented William Murphy, retired Director of Public Works, with an engraved shovel used during the -2- 6/18/91 227 groundbreaking ceremony for the Stonehill Drive extension on May 8, 1991, in recognition of his efforts and contributions on the project over the past years. 3. COMMENDATION - SHERIFF'S DEPARTMENT 1730.901 Mayor Friess noted a letter received from James A. Fleming, Superintendent of Schools, Dade County, Florida, commending the assistance he received from Orange County Sheriff Officer William Mowry in March 1991. Mr. Fleming was recently hired as the new Superintendent of the Capistrano Unified School District. Mayor Friess also noted a telephone call from an unidentified woman commending the assistance she received recently from several Sheriff's Department officers. ORAL COMMUNICATIONS 1. RECALL PETITIONS (630.20) Phillip Weissburg, 31196 Via San Vicente, announced the approval and availability of recall petitions for Councilman Hausdorfer and Mayor Friess and requested that anti -recall literature be removed from the Council Chamber, stating its presence in the Chamber was illegal. The material was removed from the Chamber. 2. BUDGET CONSIDERATIONS (330.20) Joan Scarantino, 27441 Ortega Highway, inquired regarding rent from the San Juan Institute and the Decorative Arts Center. She was advised the item would be addressed during the budget public hearing. CONSENT CALENDAR It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, 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 -3- 6/18/91 1. CITY TREASURER'S REPORT OF INVESTMENTS (350.30) 7. RESOLUTION NOTICE OF COMPLETION AND RELEAbE Qk- JUXZTX - As set forth in the Report dated June 18, 1991, from the Director of Engineering and Building, the following Resolution was adopted declaring the construction of public improvements to be complete: -4- 6/18/91 The City Treasurer's Report of Investments as of May 31, 1991, in the total amount of $16,200,000, was approved as submitted. 2. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60) The Report dated June 18, 1991, from the Director of Planning, regarding actions taken at the meeting of June 5, 1991, was ordered received and filed. 3. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50) The Report dated June 18, 1991, from the Director of Planning, regarding actions taken at the -seting of May 30, 1991, was ordered received and filed. 4. REPORT OF PLANNING COMMISSION ACTIONS (44.:,40) The Report dated June 18, 1991, from the Director of Planning, regarding actions taken at the meeting of June 11, 1991, was ordered received and filed. 5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20) The Report dated June 18, 1991, from the Director of Engineering and Building, regarding actions taken at the meetings of May 8 and May 22, 1991, was ordered received and filed. 6. DENIAL OF CLAIM - COUNTY OF C:_.iNGE CLAIM_rFOR INDEMNITY (HOWARD O. HARRIS) (170.10) The claim for indemnity received by the City on May 30, 1991, from attorney Ric C. Ottaiano, on behalf of the County of Orange, as a result of the personal injury claim filed by Howard Harris was denied, as set forth in the report dated June 18, 1991, from the Assistant City Manager. 7. RESOLUTION NOTICE OF COMPLETION AND RELEAbE Qk- JUXZTX - As set forth in the Report dated June 18, 1991, from the Director of Engineering and Building, the following Resolution was adopted declaring the construction of public improvements to be complete: -4- 6/18/91 RESOLUTION NO. 91-6-18-1, COMPLETION OF PUBLIC IMPROVEMENTS PARCEL MAP 88-227, SYCAMORE INDUSTRIAL PARK (SPAULDING) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS FOR PARCEL MAP 88-227 - SYCAMORE INDUSTRIAL PARK (SPAULDING) The Resolution accepted the work as complete. The City Clerk was directed to forward a Notice of Completion to the County Recorder and to release Letter of Credit No. 138966 for Labor and Material ($35,200) and Letter of Credit No. 138969 for Monumentation ($2,000). Letter of Credit No. 138967 for Performance ($35,200) may be released June 18, 1992. PUBLIC HEARINGS 1. CONSIDERATION OF GENERAL PLAN AMENDMENT 90-07 - AIR QUALITY ELEMENT (440.25) Proposal• Consideration of an Air Quality Element for inclusion in the City's General Plan, in compliance with the South Coast Air Quality Management District (AQMD) requirements that local jurisdictions develop an action program to comply with the implementation measures established by the Air Quality Management Plan (AQMP) adopted by the District in 1989. Written Communication: Report dated June 18, 1991, from the Acting Director of Planning, summarizing the Air Quality Element and forwarding the document for approval. Mr. Tomlinson requested that the hearing be continued to July 16, 1991, to further address several issues. Continuation of Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and there being no response, it was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that the hearing be continued to the regular meeting of July 16, 1991. Councilman Hausdorfer emphasized the importance of carefully researching this Element to the General Plan and of the public's awareness of this issue. Staff was directed to address all items related to air quality (e.g, the lighting of barbecues) and whether the regulations should be adopted as a City policy rather than part of the General Plan. -5- 6/18/91 2. RECYCLING FACILITIES (420.30/810.60) Proposal: Consideration of an Ordinance regulating the establishment of recycling facilities within the City. The ordinance assures compliance with Assembly Bills 939 and 2020 requirements. Written Communication: Report dated June 18, 1991, from the Assistant City Manager, describing the different types of recycling facilities and how their siting in the City should be regulated. With the aid of a sl presentation, Douglas Dumhart, Management Assistant I, zde an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following person responded: (1) Joan Scarantino, 27441 Ortega Highway, expressed concern that residents will be required to pay for recycling efforts in a number of different ways. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Discussion: Councilman Jones stated that the location of the smaller types of recycling facilities, especially the reverse vending machines, should be more strictly regulated; that the units were unsightly and could create hazards in pedestrian areas. Introduction of Ordinance: The Assistant 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 Buchheim, seconded by Councilman Hausdorfer, that the following Ordinance be introduced regulating recycling facilities: AMENDING TITLE 9 OF THE MUNICIPAL CODE TO ADD PROVISIONS FOR RECYCLING FACILITIES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING SECTION 9-3.629 OF THE MUNICIPAL CODE ENTITLED, "RECYCLING FACILITIES" The motion carried by the following vote: G- 6/18/91 2311 AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None Staff was directed to address Councilman Jones' concerns regarding the location of reverse vending machines. 3. ADOPTION OF THE 1988 UNIFORM FIRE CODE WITH AMENDMENTS (540.30) Proposal• Consideration of a request by the Orange County Fire Department for adoption of the 1988 Edition of the Uniform Fire Code and amendments to provide uniformity of enforcement within the jurisdictions receiving service from the Orange County Fire Department. Written Communication: Report dated June 18, 1991, from the Director of Engineering and Building, noting the revisions and amendments to the Uniform Fire code and recommending that the City include the requirement that all new single-family residential construction under 6,000 square feet install fire sprinklers. Dan McFarland, Building Officer, and Sam Husoe, Fire Marshal, gave oral presentations. Mr. McFarland noted additional amendments to the ordinance. Public Hearino: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons respon- ded: (1) Julie Vandermost, on behalf of the Orange County Building Industry Association, 2001 East Fourth Street, Suite 224, Santa Ana, voiced opposition to any amendments that exceed the Uniform Building Code, e.g. fire sprinklers for all new single-family residences. She stated that sprinklers should be evaluated for single-family residences on a case-by-case basis instead of requiring them across the board. (2) Richard Hill Adams, 33532 Forster Ranch Road, felt that because of the excellent response times by the County Fire Department within the City, requiring the installa- tion of sprinklers was unwarranted. However, they should be required in senior housing, nursing homes, and -7- 6/18/91 9 432 1 day care facilities. He felt that homebuyers should have discretion whether to install sprinklers because of the difficulty many have in financing new homes. (3) Joan Scarantino, 27441 Ortega Highway, received information relative to operation of the a sprinkler system. (4) Richard Canelli, 3196 Paseo Amante, spoke in favor of requiring sprinklers for new homes, noting a serious fire which occurred on Via Madrina. There being no further input, the hearing was declared closed with the right to reopen at any time. Council Discussion: In response to Councilman Vasquez, Mr. Husoe -)vided statistics regarding water damage caused by spz:=:lers. Councilman Hausdorfer expressed concern regarding iz.creased costs and felt that the need to install sprinkler systems should be determined on a case-by-case basis by building officials. Councilman Jones stated his feeling that the human factor was more important than cost savings. Mayor Friess noted the negligible cost impact on housing in the City of San Clemente where installation of sprinklers is mandatory, and cited his feeling that the human factor was more important than cost savings. of Ordinance: The Assistant 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 Buchheim, that the following Ordinance be introduced adopting the 1988 Uniform Fire Code with amendments by the Building Official, but deleting the requirement to install sprinkler systems in new residential construction under 6,000 square feet: AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - U_NIFORM FIRE CODE - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 2 "FIRE PREVENTION" OF TITLE 4 "PUBLIC SAFETY" RELATING TO ADOPTION BY REFERENCE OF THE UNIFORM FIRE CODE, 1988 EDITION, WITH APPENDICES AND AMENDMENTS THERETO; AND ADOPTING THE 1988 UNIFORM FIRE CODE STANDARDS -8- 6/18/91 The motion carried by the following vote: AYES: Councilmen Hausdorfer, Buchheim, and Vasquez NOES: Councilman Jones and Mayor Friess ABSENT: None 4. ADOPTION OF FIRE PREVENTION AND FALSE ALARM FEES (540.20) Proposal• Consideration of the Orange County Fire Department request to adopt user fees for fire prevention activities, including plan check and site inspections for new construction, and for false alarms and miscellaneous activities, including standby fire watch and special events site inspections. The Fire Department requested adoption of the fees to maintain current levels of fire prevention services. Written Communication: Report dated June 18, 1991, from the Director of Engineering and Building, noting that the City would be responsible for collecting plan check and permit issuance fees and recommending that a 10% administrative charge be imposed. Dan McFarland, Building Officer, made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Adoption of Fire Prevention and False Alarm Fees: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the following Resolution be adopted: RESOLUTION NO. 91-6-18-2. ENACTING FEES FOR FIRE PREVENTION. FALSE ALARMS AND MISCELLANEOUS SERVICES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ENACTING FEES FOR FIRE PREVENTION, FALSE ALARMS AND MISCELLANEOUS SERVICES PROVIDED BY THE ORANGE COUNTY FIRE DEPARTMENT AND TO AUTHORIZE THE COUNTY OF ORANGE TO ADMINISTER COLLECTION AND ENFORCEMENT OF SUCH FEES -9- 6/18/91 The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None RECESS AND RECONVENE Council recessed at 8:30 p.m. and reconvened at 8:36 p.m. PUBLIC HEARINGS (continued) REQUEST TO SUBDIVIDE A 46 -ACRE RM 'Q LOCATED AT THE TERMINUS OF CAMINO LA RONDA, TENTATIVE T CT 13726 AREA PLAN, COMPOSITE DEVELOPMENT PLAN, AND_.,.,_%PPLEMENTAL ENVIRONMENTAL IMPACT REPORT (GLENDALE FEDERAL AREA H) (420.401 Proposal: Review of a proposal to subdivide a 46 -acre parcel into 63 custom home lots located in a box canyon at the end of Camino La Ronda. The area is known as Glenfed Area H and is surrounded on three sides by 200 -foot -high ridgelines which have been dedicated to the City as permanent public open space. The site is bordered on the north by the Los Corrales and Hidden Mountain neighborhoods; on the east by undeveloped property owned by the University of California; on the south by the County landfill; and on the west by Glenfed Areas C and D. The General Plan designation for the property is Planned Community. The zoning is governed by Comprehensive Development Plan 81-2. The proposal includes an Area plan Composite Development Plan and Tentative Tract Map, a:. required by the Comprehensive Development Plan. Included i.: Council consideration was a Supplemental EIR, which was required by the Environmental Review Board due to changes made to the site plan. Area H is part of the Federal Court Judgment dated December 21, 1987, allowing development of the area. Issues of significance included secondary access to Area H, traffic on Camino La Ronda, drainage, equestrian uses, and grading impacts. The Acting Director of Planning left the Chamber due to a conflict of interest. Applicant: Ms. Louise Rice -Lawson Glendale Federal Development Corp. 16601 Ventura Blvd. Encino, CA 91436 -10- 6/18/91 Written Communication: Report dated June 18, 1991, from the Land Use Manager, reviewing the major issues and the mitigation measures proposed by staff and the applicant. Patricia Willcocks, Planning Consultant, provided an overview of the proposed project including a visual analysis of the alternative construction roads. She noted the applicant's request for an additional condition of approval authorizing temporary, supervised and controlled use of Camino La Ronda by construction vehicles during inclement Thomas Merrell, Planning Consultant for the project, reviewed the discussions held with the Los Corrales residents and a new construction route alternative which has a lesser impact on grading by utilizing a geological "notch" already at the reservoir site. The applicant, Ms. Louise Rice -Lawson, spoke in support of the new alternative for the construction road and her desire to work with staff to perfect the plan. She explained that Glenfed opposed an equestrian -oriented development because of the inability to comply with equestrian regulations in the box canyon and grading impacts. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons responded: (1) Dr. John Erickson, 27842 Via Estancia, spoke in opposition to certification of the SEIR, but stated he was in favor of the new construction route alternative with an all-weather surface. (2) John Gourlay, 28101 Camino La Ronda, commended staff and the applicant for their cooperation and efforts and requested that asphalt or some other surface be placed on the construction road and that locked gates be placed at the end of La Ronda and at the entrance of La Novia to regulate construction traffic. (3) Robert Eppers, 27832 Via Estancia, spoke in favor of the alternate construction access road with a gate and noted the petition originally submitted in August 1990. There being no further input, the hearing was declared closed with the right to reopen at any time. -11- 6/18/91 IL Council Discussion: Councilman Buchheim noted that water used during development and grading would be non -potable and that air quality is monitored on a daily basis by the AQMD. He cautioned that the reservoir site should not be left open to public access. Councilman Hausdorfer expressed the following concerns regarding the construction road: the City's liability, safety, use by off-road vehicles, security during off hours, proper surface for the road, and the installation of gates at both ends of the project. Councilman Jones recommended that the road be constructed to bear the weight of most construction vehicles. Councilman Vasquez suggested that landscaping be _1anted along the retaining wall to reduce its visual impa on the hillside. Mr. Clark noted that the provision for a 11-asing opportuni- ties Plan is enforceable on the applicar by the City and requested a brief recess to meet with the applicant. RECESS AND RECONVENE Council recessed at 10:10 p.m. and reconvened at 10:15 p.m. GLENFED AREA H - PUBLIC HEARING (continued): Ms. Rice -Lawson indicated that Glenfed would specifically agree to comply with the provisions in Condition. No. 21 of the proposed Resolution regarding affordable housing. It was -moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the following Resolution be adopted certify- ing the Final Supplemental Environmental Impact Report as complete and adopting the Mitigation Monitoring Program: RESOLUTION NO 91-6-18-3 CERTIFYING SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT 90-03 (GLENDALE FEDERAL AREA H) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING AS COMPLETE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT 90-03 FOR GLENFED AREA -12- 6/18/91 237 The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None AAoroval of Tentative Tract May 13726/Area Plan/Composite Development Plan: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the following Resolution be adopted as amended to include the following: Condition 3.D.4.: In the event that rain or other natural conditions render the construction access road impassible, the Directors of Planning and Engineering may authorize supervised and controlled use of Camino La Ronda by construction vehicles for a temporary period of time. Also included would be a condition that due to the road's long-term use, the Director of Engineering and Building shall work out a plan with the Water Dis- trict and Glenfed to construct an all-weather construc- tion road, or an acceptable alternative, with controlled accesses at both ends of the project, which would comply with the court settlement between the City and Glenfed, to be approved by the City Council prior to final map approval. RESOLUTION NO. 91-6-18-4. APPROVING TENTATIVE TRACT MAP 13726/AREA PLAN/COMPOSITE DEVELOPMENT PLAN FOR GLENDALE FEDERAL AREA H - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 13726/ AREA PLAN/COMPOSITE DEVELOPMENT PLAN FOR GLENDALE FEDERAL AREA H The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None The Acting Director of Planning returned to the Council Chamber. -13- 6/18/91 6. JOINT PUBLIC HEARING WITH THE COMMUNI.-Y REDEVELOPMENT AG71CY BOARD OF DIRECTORS - REVIEW OF THE FI '::AL BUDGET FOR THE _LVE YEARS BEGINNING JULY 1 1991 AND ENDING JUNE 30, 1996 (CONTINUED FROM JUNE 11, 1991) (330.20) Proposal: Consideration of the fiscal budget for the five-year period beginning July 1, 1991, and ending June 30, 1996. Written Communication: Report dated June 18, 1991, from the Assistant City Manager, forwarding the proposed budget calendar for approval. In response to Mrs. Scarantino's inquiry during Oral Com- munications, Councilman Vasquez suggested t1- t the Decorative Arts Center consider purchasr_ -` weir buil -g and the money received by the City from the purchase o :e building by the Decorative Arts Center o;- the sale of t. wilding by the Community Redevelopment Agency could b allocated for Community Services funding. Mayor Friesr: noted that the Decorative Arts property had been acquired specifically for the benefit of the community and the terms of the contract obligated the Agency to pay for the building. There was a consensus of the Council that the issues regarding the Decorative Arts Center and the San Juan Institute be addressed at the budget hearing scheduled for June 25, 1991. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and there was nom: response. Adoption of Budget Calendar and Continuati:.-, of Hearing: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that the public hearing be continued to the Adjourned Regular Meeting of June 25, 1991 at 7:00 p.m., in the San Juan Hot Springs Dance Hall and that the following budget calendar be adopted: June 25 —public hearing at San Juan Hot Springs Dance Hall; July 2 - public hearing and consideration of adoption of 1991-1996 budget. RECESS AND RECONVENE Council recessed at 10:25 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 10:50 p.m. -14- 6/18/91 ADMINISTRATIVE ITEMS CITY MANAGER RENEWAL OF ANIMAL CONTROL/SHELTER SERVICES CONTRACT, FISCAL YEAR 1991-92 - COUNTY OF ORANGE HEALTH AGENCY (600.50) Written Communication: Report dated June 18, 1991, from the Assistant City Manager, recommending that the contract between the City and the County be approved for animal control services through June 30, 1992, at a cost of $30,560. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that the Agreement for Animal Control and Shelter Services with the County of Orange be approved for the period July 1, 1991, through June 30, 1992, in the amount of $30,560. 2. EXTENSION OF ORANGE COUNTY FIRE SERVICES AGREEMENT TO JUNE 30. 1992 (600.50) Written Communication: Report dated June 18, 1991, from the Assistant City Manager, recommending that the agreement with the Orange County Fire Department be extended for a one-year period. Approval of Agreement Extension: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, and unanimously carried that the Amendment to the Agreement between the City and the Orange County Fire Department be approved extending the present agreement for a one-year period ending June 30, 1992. MANDATORY RETIREMENT BENEFITS FOR PART-TIME. TEMPORARY, AND SEASONAL PUBLIC SECTOR EMPLOYEES (INCLUDING CITY COUNCIL MEMBERS AND COMMISSIONERSI (720.60) Written Communication: Report dated June 18, 1991, from the Assistant City Manager, regarding a federally -mandated Social Security tax for public sector employees who are not accruing a minimum level of benefits as members of an existing retirement system, including part-time, seasonal, temporary employees, elected officials, and commissioners who are defined as employees under IRS guidelines. A cost comparative of Social Security to an alternative retirement system was provided in the Report. -15- 6/18/91 1 Mr. Scarborough stated that the issue of City Council members and commissioners being subject to the provisions of the Trea-sury regulations will not be determined until the def 1.=:ition of a "retirement system" has been verified by the Treasury. Until that time the City will assume that Council members and commissioners will be subject to the require- ments. If it is determined otherwise, funds will be returned to the City. Authorization to Study Alternative Retirement Plans: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, and unanimously carried that: (1) staff be authorized to continue studying alternative approaches to the Social Security retirement benefits mandate for part-time and temporary employees; and staff be authorized to open a special trust account to set aside funds for a City -employee contribution amount of 3.75% each to meet the minimum IRS requirement of 7.5% effective July 2, 1991. The special trust account would be established to transfer the funds to the adopted program at a later time. DIRECTOR OF PLANNING SERVICES 1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) Written Communication: Report dated June 18, 1991, from the Acting Director of Planning, advising that no new development applications were received by the City since the last report of May 21, 1991. The Report was received and filed. DIRECTOR OF ENGINEERING AND BUILDING SERVICES RESOLUTION APPROVING THE DEFINITION OF AND PROCESS FOR DETERMINING CITY COMPLIANCE WITH THE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS FOR SECURITY MEASURE M FUNDS (820.25) Written Communication: Report dated June 18, 1991, from the Director of Engineering and Building, forwarding the Resolution approving the definition of and process for determining City compliance with the County Master Plan of Arterial Highways for securing Measure M funds. -16- 6/18/91 It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 91-6-18-5. MASTER PLAN OF ARTERIAL HIGHWAYS CONSISTENCY - MEASURE M FUNDS - A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE DEFINITION OF AND PROCESS FOR DETERMINING CITY COMPLIANCE WITH THE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS FOR SECURING MEASURE M FUNDS The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None APPROVAL OF SEWER SERVICE OUTSIDE THE CITY LIMITS AT 31645 PEPPERTREE BEND (1040.30) Written Communication: Report dated June 18, 1991, from the Director of Engineering and Building, regarding a request from Security Pacific National Bank to have the City provide sewer service to the property located at 31645 Peppertree Bend, Laguna Niguel, which was previously hooked into the City's sewer system illegally. In addition to entering into an agreement with the Moulton Niguel Water District to provide sewer service to the property, staff recommended that all costs by the City to amend the Settlement Agreement be paid by the current property owner, as well as sewer connection and inspection fees, monthly sewer charges that are due, and a $10,000 fee for legal and staff costs. Mr. Huber discussed the $10,000 estimate for legal and staff costs to be paid by the property owner. David Lipsett, 27111 Camino de Estrella, Capistrano Beach, Account Manager for Security Pacific National Bank, requested that the current property owner not be held responsible for legal and staff costs because of the illegal action taken by the prior owner before ownership was transferred. He stated he had only just learned of the $10,000 fee. It was moved by Councilman Vasquez that the property owner pay for actual legal fees or $10,000, whichever is the lesser -17- 6/18/91 amount. Councilman Hausdorfer seconded the motion. The motion was subsequently withdrawn. Continuation of Item: It was moved by Councilman Jones, seconded by Councilman Hausdorfer, and unanimously carried that the item be contin- ued and that staff be directed to meet with Mr. Lipsett immediately to resolve the issue of costs. DIRECTOR OF COMMUNITY SERVICES 1. FOURTH OF JULY CELEBRATION UPDATE (150.60) Written Communication: Report dated June 18, 1991, from the Director of Community Services, forwarding the Event Schedule for the City's Fourth of July celebration at Marco Forster Junior High School athletic fields. The Report was received and filed. 2. OPEN SPACE UPDATE (530.40) Written Communication: Report dated June 18, 1991, from the Director of Community Services, providing an overview of the various activities associated with the Open Space Bond Act Measure D. The Report was received and filed. COUNCILMANIC ITEMS 1. Written Communication: Report dated June 18, 1991, from the Council Services Manager, forwarding the letter of resignation. It was moved by Councilman Hausdorfer, seconded by Council- man Jones, and unanimously carried to accept the resignation of Jack McDowell. Staff was directed to proceed with disbanding the commission. 2. ACCEPTANCE OF RESIGNATION AND DECLARATION OF VACANCY (WILLIAM FORTMUELLER DESIGN REVIEW COMMISSION) (110.20) Written Communication: Report dated June 18, 1991, from the Council Services Manager, forwarding the letter of resignation. -18- 6/18/91 Acceptance of Resignation/Declaration of Vacancy: It was moved by Councilman Jones, seconded by Councilman Hausdorfer, and unanimously carried to accept the resignation of William Fortmueller and to declare the position vacant. Staff was directed to prepare appropriate documents to commend Mr. Fortmueller for his community service. The City Clerk was directed to post notices of the vacancy and to advertise for applications for the position for appointment at the meeting of July 16, 1991. 3. PROCEDURES FOR REAPPOINTING COMMISSION AND BOARD MEMBERS (110.20) Written Communication: Report dated June 18, 1991, from the Council Services Manager. Councilman Vasquez reiterated his request to allow City Council members to make individual appointments to commissions and boards. Mayor Friess stated that current commission/board members feel the present system works well and that it is the Council's responsibility to ensure that communication is maintained. Councilman Jones felt that if commissioners were appointed by individual Council members, the entire Council should be able to vote on the appointment. Reaffirmation of Current Policy: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, and carried with Councilmen Buchheim and Vasquez voting in the negative, that the current requirement for Council majority vote in making appointments to commissions/boards be retained. 4. ANNUAL REVIEW OF APPOINTMENT TO COMMITTEES, BOARDS, AND COMMISSIONS (110.20) Written Communication: Report dated June 18, 1991, from the Council Services Manager, forwarding the list of current appointees, their appointment dates, and all active applications on file for each commission and board. Approval of Appointments: It was moved by Councilman Hausdorfer, seconded by Councilman Jones, and unanimously carried that all current members of the City's commissions and boards be reappointed. -19- 6/18/91 COUNCIL COMMENTS 1. SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD (1050.80) Councilman Buchheim reported on the meeting held in the City by the San Diego Regional Water Quality Control Board on June 17, 1991, noting discussions held regarding the recent sewer spillage. CLOSED SESSION Council recessed to a Closed Session at 11:30 p.m. for discussion of legal matters per Government Code Section 54596.9(a) (Concorde v. City; Committee v. City) and personnel matters per Government Code Section 54957.6, the City Clerk being excused therefrom, and reconvened at 11:50 p.m. COUNCIL ACTIONS It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that the City retain the services of Rourke & Woodruff in the matters of Concorde v. City and Committee v. City. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:50 p.m. to Tuesday, June 25, 1991, at 7:00 p.m. at the San Juan Hot Springs Dance Hall for a budget public hearing. ATTEST: KENN TH E. FRIt8S, YOR Respectfully submitted, � ./[�it CHERYL JQPNS(,>)Y, CITY CLERK -20- 6/18/91