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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 -1- 9/1/87 F 414 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; -2- 9/1/87 415 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 -3- 9/1/87 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 -4- 9/1/87 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 9/1/87 418 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 -6- 9/1/87 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. -7- 9/1/87 420 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 $300,000 were budgeted in the Internal Service Fund 16-6313-4440-000. ApprRval of.Specifications/C.ail.f or, Bids: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the specifications and call for bids for purchase of a new street sweeper. -8 9/1/87 4211, QWECTQR OF COMMUNITY. SERVICES 1. RATIFICATION OF APPOINTMENTS TO AD, HOC COMMITTEE - MI$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.$TATES CO,NS.TITUTIQN BICENTFNNIAL.(I50.6Q) Mayor Bland noted events scheduled for September 17, 1987, to celebrate the bicentennial of the signing of the Constitution. -9- 9/1/87 422 7. OWE.N$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 -10- 9/1/87