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99-0706_CC_Minutes_Regular Meeting189 JULY 6,1999 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION 610.85 Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by statute: 1. Pursuant to Government Code Section 54957.6, the City Council will confer with its Labor Negotiator (City Manager) regarding Terms and Conditions of Employment (Classified Employees). 2. Pursuant to Government Code Section 54956.9, the City Council will confer with its Legal Counsel regarding the status of BIA, et ai. v. City of San Juan Capistrano. 3. Pursuant to Government Code Section 54956.9(b)(1), the City Council will confer with its Legal Counsel regarding the status of one matter. RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT MEETINGS UNTIL 7:00 P.M. BUSINESS SESSION. The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Greiner at 7:05 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Monsignor Paul Martin, Mission San Juan Capistrano. ROLL CALL: PRESENT: John Greiner, Mayor Collene Campbell, Mayor pro tem Wyatt Hart, Council Member Gil Jones, Council Member David M. Swerdlin, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager; John Shaw, Interim City Attorney; Dawn Schanderi, Deputy City Clerk; Cynthia L. Russell, Administrative Services Director; Thomas Tomlinson, Planning Director, William M. Huber, Engineering and Building Director; Amy Amirani, Public Works Director; Al King, Community Services Director; Lt. Rick Stahr, Orange County Sheriffs Department; and Bonnie Sanchez, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY Mayor Greiner announced there was no action to report on the Closed Session items. City Council Minutes -1- 716199 190 INTRODUCTIONS AND PRESENTATIONS RECOGNITION OF LONG-TERM EMPLOYEES (730.90) Written Communications: Report dated July 6, 1999, from the Personnel Manager, advising that Bob Banda, Maintenance Worker, had reached 30 years of service; Jack Galaviz, Public Works Manger, had reached 30 years of service, and Tony Foster, Engineering Assistant, had reached 20 years of service. Mr. Banda, Mr. Galaviz and Mr. Foster were present to receive Certificates commemorating their years of service to the City. 2. PRESENTATION BY STAPLES, INC. TO THE SAN JUAN COMMUNITY TASK FORCE IN RECOGNITION OF COMMUNITY SERVICES PROVIDED BY MRS. PAT BATHGATE (610.40) Written Communications: Report dated July 6,1999, from the Assistant City Manager, advising that Mrs. Pat Bathgate would be recognized as a Staples Community Star for her many years of community service. Mr. Tom Maldonado, General Manager of the Staples store in San Juan Capistrano presented a $1,000 donation to the San Juan Task Force in the name of the Staples Community Star, Mrs. Pat Bathgate. Mrs. Maricella Moreno accepted the donation on behalf of the San Juan Task Force. 3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (1.10,10) Council Member Campbell introduced the following persons in attendance: Marie Buckner and Joanne de Guevara, Housing Advisory Committee; Jan Siegel, Don Tryon and Bill Hardy, Cultural Heritage Commission; former Mayor Philip Schwartze; former Mayor Roy Byrnes; Ilse Byrnes, Parks, Recreation and Equestrian Commission; Al Simmons, Senior Liaison; and June Simmons. ORAL COMMUNICATIONS - (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS AND THE CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS None CONSENT CALENDAR It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: City Council Minutes -2- 7/6/99 191 AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES The Minutes of the Regular Meeting of June 1, 1999, were approved as submitted and the Adjourned Regular Meeting of June 4, 1999, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF June 3, 1999 (300. The List of Demands for accounts payable dated June 3, 1999, in the total amount of $388,799.20 was ordered received and filed. 4. RECEIVE AND FILE CASH BALANCES BY FUND FOR MAY 1999 330.50 The City Treasurer's Report of Cash Fund Balances for the month ending May 31, 1999, was ordered received and filed. APPROVAL OF HOLD HARMLESS AGREEMENT FOR ACCEPTANCE AND DEVELOPMENT OF THE CALLE PERFECTO EXTENSION - CALLE PERFECTO BUSINESS PARK LLC LOCATED AT THE NORTHERLY TERMINUS OF CALLE PERFECTO (600.30 As set forth in the Report dated July 6, 1999, from the Principal Management Analyst, the Hold Harmless Agreement with Calle Perfecto Business Park, LLC, was approved to defend the City and Agency from any claims that may arise out of the City's May 18, 1999 acceptance of Offer A, an easement for street and utility purposes required for the extension of Calle Perfecto to the Business Park property. The Mayor was authorized to execute the agreement. 6. ADOPTION OF RESOLUTIONS OF INITIATION AND INTENTION - LANDSCAPE MAINTENANCE DISTRICT (CAPISTRANO ROYALE) (HARRIS & ASSOCIATES) (345.20) As set forth in the Report dated July 6, 1999, from the Public Works Director, the following Resolutions were adopted to initiate proceedings for annual levy of landscape maintenance assessments for FY 1999-2000 and to approve the Engineer's Report and set the Public Hearing for July 20, 1999: City Council Minutes -3- 716199 192 RESOLUTION NO. 99-7-6-1 ORDERING PREPARATION OF PLANS SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT - LANDSCAPER MAINTENANCE DISTRICT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT (CAPISTRANO ROYALE) RESOLUTION NO. 99-7-6-2, DECLARING INTENT TO PROVIDE FOR AN ANNUAL LEVY AND SETTING PUBLIC HEARING DATE - LANDSCAPE MAINTENANCE DISTRICT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC HEARING HEREON (CAPISTRANO ROYALE) 7. ADOPTION OF RESOLUTION DENYING CHEVRON APPEAL (460.70/410.60/460.20) As set forth in the Report dated July 6, 1999, from the City Attorney, the following Resolution confirming the City Council's June 15, 1999, denial of the Chevron Products Company appeal of the Planning Director's determination was adopted: RESOLUTION NO. 99-7-6-3 DENYING APPEAL - CHEVRON PRODUCTS COMPANY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DENYING AN APPEAL FILED BY CHEVRON PRODUCTS COMPANY APPROVAL OF PERSONAL SERVICES AGREEMENT FOR DESIGN OF MUNICIPAL SUPPLY WATER WELL PUMP STATION - NORTH AREA DOMESTIC WELL (AKM CONSULTING ENGINEERS) (600.30) As set forth in the Report dated July 6, 1999, from the Public Works Director, the Personal Services Agreement with AKM Consulting Engineers for Well Pump Station design services in the amount of $68,794 was approved and the Mayor was authorized to execute the .� Agreement after all insurance and documentation had been submitted. City Council Minutes -4- 716199 The following item was removed from the Consent Calendar at the request of Council Member Swerdlin: APPROVAL OF MEMORANDUM_. OF UNDERSTANDING (SAN JUAN CAPISTRANO MANAGEMENT EMPLOYEES ASSOCIATION) (730.30) Written Communications: Report dated July 6, 1999, from the City Manager, forwarding the Memorandum of Understanding between the City of San Juan Capistrano and the San Juan Capistrano Management Employees Association for Fiscal Year 1999-2000 and a Resolution authorizing changes to the City's Classification and Compensation Plan to reflect the approved Memorandum of Understanding. Council Member Comments: Council Member Swerdlin stated that he was not in agreement with the proposed 3.3% salary increase because the cost of living increase was only approximately 2%. Approval of Memorandum of Understanding and Amendments to Classification and Compensation PIan: It was moved by Council Member Jones, seconded by Council Member Hart to approve the Fiscal Year 1999-2000 Memorandum of Understanding with the Management Employees Association and to adopt the following Resolution modifying the Classification and Compensation Plan to reflect the approved MOU: RESOLUTION NO. 99-7-6-4, AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN - FISCAL YEAR 1999-00 MANAGEMENT MEMORANDUM OF UNDERSTANDING - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN (FISCAL YEAR 1999-00 MEMORANDUM OF UNDERSTANDING - SAN JUAN CAPISTRANO MANAGEMENT EMPLOYEES ASSOCIATION) The motion carried by the following vote: AYES: Council Members Jones, Hart, Campbell and Mayor Greiner NOES: Council Member Swerdlin ABSENT: None City Council Minutes -5- 716199 PUBLIC HEARINGS 1. ADOPTION OF FISCAL YEAR BUDGET BEGINNING JULY 1, 1999 AND ENDING JUNE 30,2000 (CONTINUED FROM JUNE 15, 1999) (330.20 Proposal: Continued consideration of the Fiscal Year 1999-2000 Operating Budget. Written Communications: Report dated July 6, l 999, from the Administrative Services Director, forwarding proposed Fiscal Year 1999-2000 Fund budgets and advising that the proposed General Fund operating budget was balanced. Cynthia Russell, Administrative Services Director, made an oral presentation. Public Hearing Notice having been given as required by law, Mayor Greiner opened the Public Hearing. There being no response, the Public Hearing was declared closed. Council Comments: Council Member Campbell requested consideration of additional funding for *staff to supervise* a proposed program where the non-violent offenders could work off jail time by picking up litter in the City. The City Manager advised that a formal report would be prepared for a future Council meeting. Council Member Swerdlin noted that although he supported the proposed budget, he had concerns with a salary increase for employees that was approximately 1.5% above inflation. He felt the addition of a one-half motorcycle unit may not be the correct approach; that with crime being down, if the one-half motorcycle unit was needed it should be allocated from a patrol unit. He also indicated he was not comfortable with the community liaison budget increase and the justifications for the expanded programs. Adoption of Resolution: It was moved by Council Member Jones, seconded by Council Member Hart, that the following Resolution approving the budget and authorizing expenditures of $21,188,038 be adopted: RESOLUTION NO. 99-7-6-5 ADOPTING FISCAL YEAR 1999-2000 OPERATING BUDGET - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE PROPOSED FISCAL YEAR 1999-2000 OPERATING BUDGET AND AUTHORIZING EXPENDITURES AND APPROPRIATIONS RELATED THERETO *added by Council 813199 City Council Minutes -6- 716199 195 The motion carried by the following vote: AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSENT: None 2. ADOPTION OF RESOLUTION OF THE 1999-2006 CITY SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM (CONTINUED FROM JUNE 15, 1999)(330.40) Proposal: Consideration of the proposed Seven-year Capital Improvement Program Written Communications: Report dated July 6, 1999, from the Director of Engineering and Building, forwarding the proposed Program budget and describing special funding issues and project consideration. The Report advised that the Water Capital and Replacement Projects were not included with this proposed budget and would be considered on August 3, 1999. The 1999-00 Capital Improvement Program would fund $11,906,533 in projects from a variety of funding programs. Council Member Jones asked when the Aguacate Road repair would be funded and was advised that staff would confirm whether or not it was part of the preventative maintenance for the 1999-00 fiscal year. Public Hearing Notice having been given as required by law, Mayor Greiner opened the Public Hearing. There being no response, the Public Hearing was declared closed. Adoption of Resolution: It was moved by Council Member Hart, seconded by Council Member Jones, that the following Resolution be adopted: RESOLUTION NO. 99-7-6-6 ADOPTING THE 1999-2006 CAPITAL IMPROVEMENT PROGRAM AND AUTHORIZING EXPENDITURES - A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING APPROPRIATIONS AND AUTHORIZING EXPENDITURES RELATED TO THE 1999-2006 SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM The motion carried by the following vote: City Council Minutes -7- 716199 196 AYES: Council Members Jones, Swerdlin, Hart, Campbell and Mayor Greiner NOES: None ABSENT: None Council Comments: Council Member Swerdlin initiated discussion regarding how it had been determined that there was a need for a public restroom in the downtown area. Mr. Scarborough responded that this request had been repeatedly made over the years and that $50,000 was identified in this year's budget and $75,000 would be identified in next year's budget. There was a general consensus of support among the Council for the project. RECESS AND RECONVENE Council recessed at 7:37 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and Capistrano Valley Water District and reconvened at 7:59 p.m. ADMINISTRATIVE ITEMS CITY MANAGER I. APPROVAL OF THE SIXTH AMENDMENT TO FIVE YEAR LAW ENFORCEMENT SERVICES AGREEMENT FOR FISCAL YEAR 1999-2000 60( 0.50) Written Communications: Report dated July 6, 1999, from the City Manager, forwarding the Sixth Amendment to Agreement with the County of Orange for the continuation of law enforcement services during Fiscal Year. The agreement set forth the amount of patrol/traffic services, investigations services, supervision, administrative and support services, commercial vehicle inspection and enforcement, community based policing, and motorcycle enforcement and parking control for the coming year. George Scarborough, City Manger, made an oral presentation, noting the community concern expressed over traffic enforcement issues such as stop sign and red light violations, speeding, and a general frustration over the amount of traffic. He advised that the budget included a number of programs to deal with traffic issues, including an additional one-half motorcycle unit. Council Comments: Council Member Swerdlin reiterated his opinion that with crime being down and with traffic incidents down he had difficulty justifying the one-half motor unit; that if it was necessary the time should be allocated from a patrol unit. Council Member Hart responded that the Sheriff's patrol car units were needed by the community for safety services. The one-half City Council Minutes -8- 7/6/99 197 motor unit would provide full service law enforcement with emphasis on traffic. He noted the numerous complaints about traffic around schools. He felt it was in the best interest of the residents and their safety to include the additional motorcycle time. The City Manager advised that staff would continue to review the Sheriff's services to look for ways to reduce costs and still meet increasing demands relating to law enforcement issues. Approval of Amendment: It was moved by Council Member Campbell, seconded by Council Member Hart, that the Sixth Amendment to the Agreement between the City of San Juan Capistrano and the County of Orange for the provision of law enforcement services during the 1999-2000 fiscal year at a cost of $3,626,074 be approved. The motion carried by the following vote: AYES: Council Members Jones, Hart, Campbell and Mayor Greiner NOES: Council Member Swerdlin ABSENT: None POLICE SERVICES i. APPROVAL OF AGREEMENT FOR PROVISION OF GANG SUPPRESSION SERVICES BY COUNTY PROBATION DEPARTMENT AND ORANGE COUNTY SHERIFF'S DEPARTMENT 600.50 Written Communications: Report dated July 6, 1999, from the Chief of Police Services, advising that the City of San Juan Capistrano participated with the Cities of Dana Point, Laguna Niguel and the County of Orange in the South Orange County Gang Prevention and Suppression Program, and forwarding an agreement for services for Fiscal Year 1999-2000. Lt. Rick Stahr, Chief of Police Services made an oral presentation. Approval of Agreement It was moved by Council Member Swerdlin, seconded by Council Member Hart, and unanimously carried to approve the Agreement with the Cities of Dana Point and Laguna Niguel and the County for the provision of Gang Suppression Services for Fiscal Year 1999- 2000 with the City's share of $28,529. RECESS AND RECONVENE Council recessed at 8:15 p.m. and reconvened at 8:23 p.m. City Council Minutes -9- 716199 198 2. APPROVAL OF CONSULTANT SERVICES AGREEMENT/GANG PREVENTION (COMMUNITY SERVICES PROGRAM, INC.) (600.30) Written Communications: Report dated July 6, 1999, from the Chief of Police Services, advising that for the past eight years the Cities of San Juan Capistrano, San Clemente and Dana Point had contracted with Community Services Program, Inc., (CSP, Inc.), a private nonprofit human service organization, to provide gang prevention, intervention and diversion programs for youth -at - risk within these communities. Lt. Rick Stahr, Chief of Police Services, made an oral presentation and introduced Doug Schauer, Gang Prevention Specialist, who displayed highlights of the program for 1998-99. Approval of Agreement It was moved by Council Member Swerdlin, seconded by Council Member Hart, and unanimously carried to approve the Consultant Services Agreement/Gang Prevention, Community Services Program, Inc., for the period of July 1, 1999 through June 30, 2000, at a cost of $46,300. Council Member Campbell cited a conflict of interest on the following item and left the Council Chambers. ENGINEERING & BUILDING DIRECTOR CONTINUATION OF CONSIDERATION OF FINAL TRACT MAP 15686, NORTH R&D SITE, AND THE IMPROVEMENT, CONSTRUCTION COST APPORTIONMENT REIMBURSEMENT AND FINANCIAL AGREEMENT (SUNCAL DEVELOPMENT/SJD PARTNERS, LTD.)(600.30/600.60) Written Communications: I. Report dated July 6, 1999, from the Director of Engineering & Building, advising that SJD Partners, Ltd, the current developer of property known. Pacific Point, had submitted the first Final Map for the North R&D Site for consideration and approval. The subject site, about 34.7 acres, was located at the southerly terminus of Valle Road along the easterly side of the 1-5 Freeway. Geotechnical investigations were undertaken by a qualified independent consultant, Cotton, Shires & Associates, who provided a report that stated the geotechnical work met all current standards of practice. Staff recommended approval of the North R&D map. 2. Illustrative diagrams provided by Cotton, Shires & Associates, which were also on display in the Council Chambers. 3. Letter presented by John Jay Curtis, 2 Arado, Rancho Santa Margarita, 92668, requested that the Final Tract Map not be approved; that the developer's building permits be revoked until mitigation requirements of the EIR had been met; that the City Council Minutes -10- 7/6/99 199 developer be required to repair all damages resulting from the failure to place the required fill mass at the base of the Via La Mirada hill; and, that the developer be required to post a performance bond in the amount of $100,000 per acre. William Huber, Director of Engineering & Building, made an oral presentation providing background information regarding the landslide and the residents' request that the developer be required to cease all grading and processing until the slide was repaired and prepare a new EIR. The City Attorney had determined that the City would be legally prohibited from not granting approval to the final map unless it could be shown that the developer had not complied with all conditional of approval or, there was a health and safety issue raised relative to the potential impact of work on the North R&D site to the Via La Mirada landslide. With respect to the health and safety, staff had directed a comprehensive investigation of the North R&D site and the underlying slide plain. Cotton, Shires & Associates_ Presentation Bill Cotton, Principal Engineering Geologist with the firm of Cotton, Shires & Associates, 330 Village Lane, Los Gatos, California, 95030, provided an evaluation of their review and findings relative to the North R&D site and underlying slide plain. He stated that the issue involved in this project was the stability of the landslide complexes. Mr. Cotton stated their conclusion that the McCracken Hill landslide was stable and should be considered a stable mass. He described the North R&D site conditions and advised that to reduce the risk to development of that site the developer would fill the flat land, which would buttress the bottom part of the slope and define a structural setback for construction. He stated their conclusion that the construction on the North R&D site would not influence in any way the stability or instability of the larger, deeper McCracken Hill landslide, nor would it impact the residences on the hill. The Engineering and Building Director advised that with regard to approval of the Final Map for the North R&D site, all conditions of approval had been met, the Subdivision Improvement Agreement was complete and acceptable, and the developer had met all conditions and satisfied all geotechnical issues relating to the North R&D site. Public Comments: I. Brett Trowbridge, 26952 Via La Mirada, owner of a red -tagged home from the Via La Mirada Landslide, stated that he disagreed with Mr. Huber's definition of "development" regarding a memo attached to the Staff report. Mr. Trowbridge stated that development encompassed the whole project, not just construction of structures. Mr. Trowbridge stated that the EIR process and CEQA process were not adhered to. 2. Becky Trowbridge, 26952 Via La Mirada, stated that approving a one -tract map would set a precedent for approval of other tract maps. Ms. Trowbridge stated that they were promised rent reimbursement from SunCal and had not received it. Ms. Trowbridge requested that the Council enforce the true intent of the EIR process. City Council Minutes -11- 716199 200 3. John Jay Curtis, 26922 Via La Mirada, stated that he had been protesting since January and requested revocation of the developer's permits because they had not met specific requirements of the EIR. Mr. Curtis stated that there was a clear requirement to buttress with fill mass before development began, which did not happen, and that the point of the EIR was to protect homes on Via La Mirada. Mr. Curtis requested that the Council not grant final tract map approval. Mr. Curtis also stated that not enough notice was given to the residents regarding tonight's meeting and that in all fairness, the Council should not act tonight so that the residents and their attorneys could be given more time to respond. 4. Jim Lee, 26962 Via La Mirada, requested that determination of this item be deferred to the next Council meeting so that a proper amount of time could be given to review the reports and because the residents involved had their own attorneys and engineers who also needed more time for review. 5. Richard Danson, 26961 Via La Mirada, asked who would eventually guarantee the stability of the slopes once the developer sold off the land piece by piece. Mr. Danson also stated that a general notice should be given to all the residents in the affected area, not just the specific residents involved. 6. Richard Hill Adams, 33532 Forster Ranch Road, stated that the original tract map from 1992 had conditions that were still not met by the developer. Mr. Adams stated that there were maintenance problems with the road that SunCal owned and requested that the Council require SunCal to pave their one-half mile of the one mile road. Mr. Adams requested that the developer be required to raise the R&D site 30- 40 feet because the decibel level had increased considerably when the trees and bushes had been removed. 7. Laurie Hanten, 26992 Via La Mirada, stated that the City -owned land below her backyard had failed which in turn had affected her property. Ms. Hanten also requested better notification of the residents and requested that she and her husband be included on the list of those to be notified. 8. Jan Siegel, president of the Meredith Canyon Homeowners Association, stated that she had received the packet of information on Wednesday and had made the decision that 20 people in the canyon would not get the information. Ms. Siegel stated that the information was hand -delivered to the residents and to all the board members and she apologized for her decision to not deliver it to the others. Council Member Comments: Council Member Swerdlin stated that considering the notification at the time of the July 4th holiday, it would be appropriate to delay the issue for one more meeting and Council Member Jones concurred. Council Member Hart felt that the City Council had been responsive to the citizens' request, but there was still a legal obligation to consider the R&D Site, which had nothing to do with the Via La Mirada Landslide. Council Member Hart City Council Minutes -12- 7/6/99 201 stated that he did not believe there was a health and safety issue involved and asked that when the item returned, discussion center around only the R&D Site. Mayor Greiner expressed concern that the City had legal obligations with regard to the process and if findings could not be made to deny the project that were legally defensible, the City was obliged to approve it. Mr. Scarborough indicated that the City Attorney would prepare an evaluation of the Planning Director and the City Engineer's determination that the developer had met the conditions of approval; and, notification would be provided to residents on both sides of Via La Mirada and to the Homeowners Association for their distribution as they felt appropriate. Motion to Continue It was moved by Council Member Swerdlin, seconded by Council Member Hart and carried with Council Member Campbell absent, that the consideration of the Final Tract Map 15686, North R&D Site and the Improvement, Construction, Cost Apportionment, Reimbursement and Financial Agreement be continued to the July 20, 1999, City Council meeting. ORDINANCES - None COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. Joint Powers Insurance Authority 170.30 Council Member Swerdlin noted that the annual election would be held this month and that he would be up for election. COUNCIL COMMENTS 4TH OF JULY CELEBRATION 150.60 Council Member Campbell expressed appreciation to Al King, Staff, the ASAP volunteers, the Public Works Department, the Sheriffs Department and Alan Oswald for the wonderful event. Mayor Greiner concurred and congratulated the City on their 28-12 win in the City versus the Chamber of Commerce softball game. 2. BEE REMOVAL 560.50 Council Member Jones noted that there were a number of bees in town and advised that residents who had bee hives could contact him regarding removal. 3. AGENDA ITEM DISTRIBUTION 610.20 Council Member Hart requested a discussion on the distribution of mailed agenda items. City Council Minutes -13- 7/6/99 202 ADJOURNMENT 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, July 20, 1999, at 5:30 p.m. in the City Council Chambers. Respectfully submitted, CHERYL JOHNSON, CITY CLERK By DAWN SCHANDERL, DEPUTY CITY CLERK ATTEST: City Council Minutes -14- 7/6/99