87-0901_CC_Minutes_Regular Meeting413
SEPTEMBER 1, 1987
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 Bland at 7:05 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Father Paul Martin,
Mission San Juan Capistrano.
ROLL CALL PRESENT: Anthony L. Bland, Mayor
Lawrence F. Buchheim, Mayor pro tem
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard, Assistant City
Manager; Mary Ann Hanover, City Clerk; John R. Shaw, City Attorney; Robert G. Boone,
Director of Administrative Services; William D. Murphy, Director of Public Works;
Thomas G. Merrell, Director of Community Planning and Development; Thomas L. Baker,
Director of Community Services; Cheryl Johnson, Recording Secretary.
MINUTES
Adjourned ,Regular Meeting of August 11, 1987:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess, that the
Minutes of the Adjourned Regular Meeting of August 11, 1987, be approved as
submitted. The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, and Mayor Bland
NOES: None
ABSTAIN: Councilmen Schwartze and Buchheim
ABSENT: None
Regular Meeting of. August .1,8x,1987:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the
Minutes of the Regular Meeting of August 18, 1987, be approved as submitted. The
motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
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MOTION,TO READ 13Y TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
PRESENTATION$ ANO Q0MMENDATIQN$
1. PRESENTATION OF CERTIFICATE OF RECOGNITION
2.
W.6ten,Communications:
Report dated September 1, 1987, from the Senior Administrative Assistant, advising
that a Certificate of Recognition had been prepared for Mr. Kelly, who had served
as a member of the Mobile Home Park Review Committee since 1981.
Presentation of Certificate:
Mayor Bland cited Mr. Kelly's accomplishments. Mr. Kelly was present to receive
the Certificate.
Written Comm,unicatipns:
Report dated September 1, 1987, from the Senior Administrative Assistant, advising
that a Certificate of Recognition had been prepared for Mr. Schleger, who had
served as a member of the Mobile Home Park Review Committee since 1983.
Presentation of Certificate:
Mayor Bland cited Mr. Schleger's accomplishments. Mr. Schleger was present to
receive the Certificate.
3. RECQGNITION QF OUT$TANPING.ENIPLOYEl 5,19$6-$7.(730.90)
Written ,CQmmunications:
Report dated September 1, 1987, from the City Manager advising that the following
non -management employees had been evaluated by a committee of peers and had
been selected to receive performance awards:
Fico Aguilera, Senior Construction Inspector;
George Arreola, Maintenance Worker;
Nancy Barney, Administrative Secretary;
Jeanne Beck, Administrative Secretary;
Juan Camacho, Maintenance Worker;
Mary Carlson, Deputy City Clerk;
Phil Falzerano, Maintenance Worker;
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Jack Galaviz, Lead Maintenance Worker;
Dana Kasdan, Associate Civil Engineer;
Sara Pashalides, Associate Planner;
Diane Regier, Senior Account Clerk; and,
Dawn Schanderl, Records Coordinator.
With the exception of Jack Galaviz, the employees were present and joined Mayor
Bland on the dais to receive checks in the amount of $1,000 in recognition of their
outstanding performance.
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 Schwartze, Friess, Buchheim
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated August 13, 1987, Warrant Nos. 4,021-4,147 in the total
amount of $203,506.66, was approved as submitted.
2• CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50)
The City Treasurer's Report of Cash Fund Balances as of June 30, 1987, in the total
amount of $1,811,637.22, was approved as submitted.
3. REPORT O.F,PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated September 1, 1987, from the Secretary of the Parks and
Recreation Commission, regarding actions taken at the meeting of August 17, 1987,
was ordered received and filed.
4. REPORT OF PLANNING COMMISSION, ACTIONS (440.40)
The Report dated August 26, 1987, from the Secretary of the Planning Commission,
regarding actions taken at the meeting of August 25, 1987, was ordered received and
filed.
5. APPROVAL OF PLANS AND SPECIFICATI NS ,AND CALL FORBIDS -
VEREDA,BIKEWAY FROM ,VIA ESTENAGA TO AVE,NIDA SIEGA,(600.30)
As set forth in the report dated September 1, 1987, from the Director of Public
Works, the plans and specifications for the extension of the Vereda Bikeway as an
off-road facility adjacent to Calle Arroyo from Via Estenaga to Avenida Siega, were
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approved, and staff was authorized to call for bids. The Engineer's estimate was
$35,000; the Orange County Transportation Commission approved an allocation of up
to $40,100 in Senate Bill 821 funds.
PUBLIC HEARING$,
1.
Proposal:
Adoption of the 1985 edition of the Uniform Fire Code, as required by State law, to
provide reasonably uniform fire regulations throughout the State.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated September 1, 1987, from the Director of Community Planning and
Development, forwarding the Code as amended to meet the needs of the City. The
report advised that the current provisions allowing fireworks was retained pending
the results of the April 12, 1988, ballot measure regarding the sale of fireworks.
Mark Gibson, Development Services Administrator, made an oral report.
Public Hearing:
Notice having been given as required by law, Mayor Bland opened the Public Hearing
and the following person responded:
(1) Jim Stone, Orange County Fire Marshal, spoke in support of the item.
There being no further response, Mayor Bland closed the Hearing with the right to
re -open at any time.
Ado,Rtion of 1985 > ditton.pf,U,nifor Fire Code:
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
Hausdorfer, seconded by Councilman Buchheim that the following Ordinance be
introduced:
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING CHAPTER 2, "FIRE PREVENTION," OF TITLE 4,
"PUBLIC SAFETY," RELATING TO THE ADOPTION OF THE
1985 EDITION OF THE UNIFORM FIRE CODE
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2.
4x
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
Proposes:
Consideration of an amendment to the Farm Market District to expand the amount
of area available for non-agricultural retail uses. The proposed amendment would
allow for such uses as card and stationery stores, hobby supplies, arts and craft
supplies, various dry goods, and a variety of small-scale services such as beauty and
barber shops, watch repair, and locksmith shops. The only FM District in the City
contains approximately 4 acres and is located on the east side of Del Obispo Street,
just north of Marco Forster Junior High School.
Applicant
This was a City -initiated Public Hearing.
Written Communications:
Report dated September 1, 1987, from the Director of Community Planning and
Development, forwarding the proposed amendment.
Sara Pashalides, Associate Planner, made an oral report.
Public Hearing:
Notice having been given as required by law, Mayor Bland opened the Public Hearing
and, there being no response, closed the Hearing with the right to re -open at any
time.
Approval, of Additional, Uses in,FM District:
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
Hausdorfer, seconded by Councilman Buchheim that the following Ordinance be
introduced:
LV141 IVL:/ \l-LVI/ LJlJ1Rlt./ - AIV VRUIIV AIVL.G VLI"1 L 11 I VC'
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION
9-3.423 OF THE MUNICIPAL CODE RELATING TO PERMITTED
USES WITHIN THE FARM MARKET (FM) DISTRICT
511
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
RECE$$ ANC?.RECONVENE
Council recessed at 7:27 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:28 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGFR
1. $ELECTION.QF.ADDITIONAL.DFF.I~RR.FR,COMP.EN$ATION.PPQGRAM
Written ,CRm,munications,:
Report dated September 1, 1987, from the Senior Administrative Assistant, advising
that California Federal Savings and Loan was withdrawing from the deferred
compensation program, and recommending approval of a program with the Hartford
Variable Annuity Life Insurance Company. The City currently contracts with the
International City Management Association Retirement Corporation for a deferred
compensation program; retention of the Hartford Corporation will provide two
program options for City employees. The report set forth the nine investment
opportunities offered by the Hartford plan.
It was moved by Councilman Buchheim, seconded by Councilman Schwartze that the
following Resolution be adopted:
nlyIN W.t. f..4Fr.G- {yv.�ll lcf',tiV �-c4. �WtvlrAlV ! - n Rc0v t tvty yr
THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING A DEFERRED
COMPENSATION PLAN WITH THE HARTFORD VARIABLE
ANNUITY INSURANCE COMPANY
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
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The Director of Administrative Services was appointed as coordinator for the
program.
2. REVISED CQMMISSIQNER HAND,$QOK (I Ip.IO)
Written Communications:
Report dated September 1, 1987, from the Assistant City Manager, forwarding a
revised Commissioner Handbook for review and comment. The report set forth
highlights of the Handbook and advised that the book was intended to be an
orientation and reference resource for commissioners. Comments will be
incorporated into the final draft, which was tentatively scheduled for adoption at
the September 15th meeting. The report further advised that staff was developing a
one -day training program which would discuss short- and long-term plans and goals
and stress positive communications. The proposed training program will be
scheduled for Council review in the near future.
Council concurred with Councilman Friess' suggestion for inclusion of a follow-up
review to assure an understanding of the topics presented in the Commissioner
Handbook. The Assistant City Manager was commended for the quality of the
Handbook.
CITY ATTORNEY
1.
Written Communications:
Report dated September 1, 1987, from the City Attorney, forwarding an agreement
which would implement the slope displacement warranty program required as a
condition of approval of the Glenfed Tract 12423. The program provides for a
source of funds to pay for damages occurring because of soil subsidence. The
warranty will be effective for a period of ten years after the date of final grading
approval for each tract within Parcels E and F. Funds in the amount of $750,000
will be deposited by Glenfed over a phased period within the 10 -year program;
$400,000 will be allocated to the slope warranty program and $350,000 will be
allocated to the home warranty program. Additionally, funding will be deposited
through monthly contributions from lot owners over the 10 -year period to total
$500,000. Total funding of the slope warranty program will be $900,000. The City's
Home Warranty requirements were incorporated into the agreement. Due to the
requirement that Glenfed deposit 1% of improvements into the slope displacement
warranty program, the existing Home Warranty Program requirement will be waived.
The City Attorney discussed the proposed funding mechanism. He noted that the
program will be implemented through the CC&R's and the White Paper Report.
Ross Willard, Glenfed Development, advised that each homeowner would be required
to sign as having read the White Paper Report, which would contain information
about the program. He stated that there were no plans to post notices in the sales
offices. He further advised that the monthly homeowner assessment for the
program was estimated at $20.
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Councilman Hausdorfer cited concerns regarding notification of home buyers. He
noted Glenfed's request that the City enact an ordinance requiring all significant
hillside development to be subject to the same type of requirements imposed through
this agreement. He stated concerns that the City not be committed to the program
on a permanent basis in the event that it cannot be legally imposed or that it does
not ultimately meet the City's needs. He cited additional concerns regarding long-
term management of the program. Discussion ensued regarding additional
notification and management of the funds. Mr. Willard stated there would be no
problem with an additional notice as part of the escrow package.
Approval, of Slope Displacement Warranty Agreement:
It was moved by Councilman Friess, seconded by Councilman Schwartze and
unanimously carried to approve the agreement between the City, Glenfed and
Glendale Federal which establishes the Slope Displacement Warranty Program, with
the addition of a mutually -agreed upon form of homeowner notification regarding
the Program and the monthly assessment. The Mayor and City Clerk were
authorized to execute the agreement on behalf of the City.
DIRECTOR OF.COMMUNITX PLANNING.AND P.BV,ELOPMENT
Written Communications,:
Report dated September 1, 1987, from the Director of Community Planning and
Development, recommending continuance of the item due to the complexity of
issues raised by the property owner.
Continuation of Appeal:
There was a consensus of Council to continue the appeal to the meeting of
September 15, 1987.
DIRECTOR ,OFt PL15LI. IC WORKS
1. APPROVAL OF SPECIFICATIONS AND
Written Cpmmunications,:
Report dated September 1, 1987, from the Director of Public Works, advising that
the current 1980 model mobile street sweeper had reached the end of its effective
service life. A recent study completed to evaluate the current street sweeping
operations had substantiated the need to purchase a new street sweeper and continue
with the in-house street sweeping program. Cost for a new sweeper was estimated at
$95,000; funds in the amount of $300,000 were budgeted in the Internal Service Fund
16-6313-4440-000.
ApprRval of.Specifications/C.ail.f or, Bids:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and
unanimously carried to approve the specifications and call for bids for purchase of a
new street sweeper.
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QWECTQR OF COMMUNITY. SERVICES
1. RATIFICATION OF APPOINTMENTS TO AD, HOC COMMITTEE -
MI$SION.TRAIL$ STABLES COOK PARK 930.40
Written Communications:
Report dated September 1, 1987, from the Director of Community Services,
forwarding the names of commissioners recommended to serve on an ad hoc
committee to study the future of the Mission Trails Stables area in Cook Park,
pursuant to Council direction of August 4, 1987.
Ratification,of AppointmeRts.
It was moved by Councilman Friess, seconded by Councilman Schwartze and
unanimously carried to ratify the recommendation that Parks and Recreation
Commissioners Kathy Holmes and Terry Lowe, and Equestrian Commissioners Ilse
Byrnes and Marlene Draper serve on the ad hoc committee.
CQUNCIL.REMARK§
1. FREEW,AY,RAMP METERING.(80Q.5Q)
Councilman Hausdorfer noted receipt of a memorandum from John Meyer, Executive
Director of the Transportation Corridor Agencies, citing responses received from
Caltrans regarding problems occurring on surface streets due to freeway ramp
meters.
2. TRFE REMOVAL, REQUEST. (LACQUAGUE) (410.9.Q)
Councilman Buchheim advised that staff was working on Mr. Lacouague's request.
3. ABANDONED AUTOS (570.20)
Councilman Friess noted that there was a growing number of abandoned automobiles
on the Diffley property adjacent to the Hidden Mountain development and San Juan
Creek Road.
4. $ISTER.CITIES (PETRA).(149,50)
Councilman Schwartze noted receipt of a letter from Dr. Font Obrador regarding
the visit scheduled for September 13, 1987.
5. 50,Y,$QQU,TS.QF,AMERICA (610,.40)
Mayor Bland extended congratulations to Jeffrey R. Neve, who recently achieved his
Eagle Scout status.
6. 1)NIT4D.$TATES CO,NS.TITUTIQN BICENTFNNIAL.(I50.6Q)
Mayor Bland noted events scheduled for September 17, 1987, to celebrate the
bicentennial of the signing of the Constitution.
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7. OWE.N$IQN ,CAB,LE TELEVI .WN $E,RVICES,(1g00,.1Q).
Mayor Bland noted receipt of a letter dated August 25, 1987, from Richard
Anderson, General Manager, advising that the "limited basic" service would be
discontinued.
8. AWAPDS.EROGRAM,PQR 5USIN,E$Se$ (610.30)
Mayor Bland requested staff review of his proposal to development an awards
program for commercial establishments who are exceptional in the presentation of
their business; i.e., beautifying of property, etc.
9. EQUESTRIAN EVENTS (OAKS CLASSIC),(930,40)
Mayor Bland advised that recognition of the event by the City was being developed.
QLQSED, $E$SIQN
Council recessed to a Closed Session at 8:20 p.m., for discussion of legal matters and
acquisition of Marbella Development property, the City Clerk being excused therefrom,
and reconvened at 9:50 p.m.
ADA0,I29I MENT
There being no further business before the Council, the meeting was adjourned at 9:50
p.m., to the next regular meeting date of Tuesday, September 15, 1987, at 7:00 p.m., in
the City Council Chamber.
ATTEST:
Respectfully submitted,
MARY AN ANOVER, CTTY CLERK
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