85-0730_CC_Minutes_Adjourned Regular Meeting1004
JULY 30, 1985
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City
of San Juan Capistrano, California, was called to order by Mayor
Schwartze at 7:04 p.m., in the City Council Chamber.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
Gary L. Hausdor£er, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, 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.
INTRODUCTION
Orange County Sheriff's Lt. Al Massucci was introduced to Council.
FIELD TRIP TO LOS RIOS AREA
Council recessed to a field trip to review the Los Rios area and
City -owned property at 7:06 p.m., and reconvened at 8:15 p.m.
CLOSED SESSION
Council recessed to a Closed Session at 8:16 p.m., for discussion
of personnel matters, the City Clerk being excused therefrom, and
reconvened at 10:10 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:10 p.m., to the next regular meeting date of
Tuesday, August 6, 1985, at 7:00 p.m., in the City Council Chamber.
ATTEST:
Respectfully submitted,
PHILL R. SCHWARTZE, 0 MARY ANN H OVER, ITY CLERK
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AUGUST 6, 1985
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 Schwartze at
7:06 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Homer
Waisner, Jr., Ocean Hills Community Church.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
Gary L. Hausdorfer, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
ABSENT: Kenneth E. Friess, Councilman
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
Baker, Director of Community Services; Mary A. Carlson, Deputy
City Clerk.
MINUTES
Regular Meeting of July 16, 1985:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that the Minutes of the Regular Meeting of July 16, 1985,
be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
ABSTAIN: Councilman Hausdorfer
Adjourned Regular Meeting of July 30, 1985:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that the Minutes of the Adjourned Regular Meeting of
July 30, 1985 be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
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106
k
MOTION TO READ BY 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 Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
PRESENTATIONS AND COMMENDATIONS
1.
'sR FIREFIGHTERS :
Written Communications:
Report dated August 6, 1985, from the City Clerk, forwarding
a Proclamation acknowledging the personal sacrifice and
dedication of volunteer firefighters.
Approval of Proclamation:
Mayor Schwartze read the Proclamation in full and with the
consensus of Council, designated Saturday, August 17, 1985,
as Volunteer Firefighters Recognition Day.
Battalion Chief Mike McCaan and Volunteer Firefighter
Leonard Goodwin, Orange County Fire Department, were present
to receive the Proclamation.
On behalf of the Council, Mayor Schwartze thanked the
Department for their work in the City. Battalion Chief Mike
McCaan thanked the City of San Juan Capistrano and the
Council for this recognition on behalf of Larry Holmes, Fire
Chief, and the firefighters.
CONSENT CALENDAR
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
1. APPROVAL OF WARRANTS (202.2)
The List of Demands dated August 6, 1985, Warrant Register
No. 86-021, in the total amount of $557,335.26, was approved
as submitted.
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8/6/85
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REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS
(133.4
The Report dated August 6, 1985, from the Secretary of the
Cultural Arts and Heritage Commission, regarding actions
taken at the meetings of June 27, 1985, and July 25, 1985,
was ordered received and filed.
REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (138.4)
The Report dated August 6, 1985, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of July 15, 1985, was ordered received and
filed.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(139.4)
The Report dated August 6, 1985, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of July 10, 1985, and July 24, 1985,
was ordered received and filed.
5. CLAIM FOR DAMAGES
UB HOMEOWNERS
As set forth in the report dated August 6, 1985, from the
City Clerk, the Claim filed on July 1, 1985, by Attorney
Stephen V. Rupp, on behalf of the Cancun Racquet Club
Homeowners Association, for damages allegedly arising from
"preconstruction documentation of the Cancun project," was
denied.
6. NOTICE OF SUBSTANTIAL COMPLETION - CITY HALL REMODEL
AND ULRICH) (302.8)
As set forth in the Report dated August 6, 1985, from the
Assistant to the City Manager, a Notice of Substantial
Completion can be filed when a project is 958 complete, but
punch list items remain. The filing of this notice does not
denote acceptance of the project, but does allow the lien
period to begin. When all punch list items are completed, a
Notice of Completion and Final Report will be filed. The
City Clerk was directed to file the Notice of Substantial
Completion.
7. APPEAL OF PLANNING COMMISSION DECISION, AC 83-9 MODIFICAT
TO SITE PLAN, PARKING (CHRISTIAN'S FARMER'S MARKET) (140.
As set forth in the Report dated August 6, 1985, from the
City Clerk, a letter was received July 16, 1985, from
Charles Vermeulen appealing the July 9, 1985, Planning
Commission decision regarding the landscape condition
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required as part of the approved Parking Plan Modification
for Christian's Farmer's Market. On July 29, 1985, the City
received a request from Mr. Vermeulen for a continuance of
the appeal to September 3, 1985. As requested by the
appellant, the appeal was continued to the meeting of
September 3, 1985.
PUBLIC HEARINGS
1. FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO.
Proposal:
Hearing held pursuant to Council action on July 2, 1985,
to hear protests on the formation of Landscape Maintenance
District No. 1, Tracts 10103, 11093, 11094, and 11095, and
the ability of the district to levy and collect assessments.
Applicant:
This is a City -initiated Hearing.
Written Communications:
Report dated August 6, 1985, from the Director of Public
Works, indicating that formation of Landscape Maintenance
District No. 1, covering the common areas in Capistrano
Royale, was initiated on July 2, 1985, by adoption of a
proposed boundary map, approving the "Engineer's Report,"
and setting a time and place for a Public Hearing to hear
protest on the formation of the district and the ability of
the district to levy and collect assessments.
A contribution to the district of $390,000 has been made by
the lending institutions currently holding title to the
properties in Capistrano Royale for the purpose of
completing the landscaping improvements. An assessment of
$1,260.50 per year per residential lot is proposed to fund
maintenance and operation of the district.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
announced the Public Hearing. The City Clerk announced that
a Certificate of Compliance is on file and open for public
inspection. The Director of Public Works explained the
purpose, scope, and order of procedure for the Public
Hearing; provided a description of boundaries for the _
District; explained the extent of the maintenance work;
presented and summarized the "Report" pursuant to the
provisions of the "landscaping and Lighting Act of 1972;"
explained method and formula of assessment spread; and
indicated there were no modifications necessary in the
assessments or proceedings. The City Clerk reported there
were no protests received.
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10Jq
Mayor Schwartze opened the Public Hearing. The City Clerk
indicated no protests were received. The Director of Public
Works indicated there were no changes or modifications to
the Engineer's "Report" and the Maintenance District. It
was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim, and unanimously passed to close the Public
Hearing.
District, and Contirming Diagram and Assessment:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, that the following Resolution be adopted:
RESOLUTION NO. 85-8-6-1, ORDERING IMPROVEMENTS, FORMING
MAINTENANCE DISTRICT AND CONFIRMING DIAGRAM AND
ASSESSMENT - LANDSCAPING MAINTENANCE DISTRICT NO. 1.
ROYALE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING
IMPROVEMENTS, FORMING MAINTENANCE DISTRICT AND
CONFIRMING DIAGRAM AND ASSESSMENT - LANDSCAPING
MAINTENANCE DISTRICT NO. 1, TRACTS 10103, 11093, 11094,
AND 11095 (CAPISTRANO ROYALE)
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
The City Clerk was directed to deliver the assessment and
diagram with a Certificate of Confirmation to the
Superintendent of Streets and to file a certified copy of
the diagram and assessment with the County Auditor no later
than the third Monday in August.
2. 1985 WEED ABATEMENT CHARGES (610.1)
Proposal:
Confirmation of charges for the City's Weed Abatement
Program.
Applicant:
This is a City -initiated Hearing.
Written Communications:
Report dated August 6, 1985, from the Director of Public
Works, indicating that in compliance with City Ordinance
No. 348 - Weed and Refuse Abatement, and in cooperation with
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3.
the County of Orange's tax assessment procedures, the
charges for the City's Weed Abatement Program are submitted
for Council confirmation. This Public Hearing is the time
for all affected parties to offer comments regarding
assessment charges and the Weed Abatement Program. _
All contractual costs as well as a 258 fee of the total
assessment for City administration and inspection are
included in the charges submitted to the County to be placed
on the tax roll.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Confirming Cost Report:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, that the following Resolution be
adopted:
UTION NO. 85-8-6-2
REPORT - 1985
WEED ABATEMENT - A RESOLUTION OF THE CITY CUUNUIL UY
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING
THE COST REPORT FOR 1985 WEED ABATEMENT IN THE CITY OF
SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
A copy of the assessment charges for the 1985 Weed Abatement
Program is to be forwarded to the County Auditor -Controller.
CODE AMENDMENT 85-6: EQUESTRIAN USES IN F
Proposal: —
Clarification of language in the General Agricultural (AG),
Small Farm (RA), Large Estate (EL), and Small Estate (ES)
Districts regarding equestrian uses so that the restrictions
on the keeping of horses within the Districts are
consistent.
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1�1
Applicant:
This is a City -initiated Hearing.
Written Communications:
Report dated August 6, 1985, from the Director of Community
Planning and Development indicating this code amendment will
clarify that the keeping of horses which are not commercial
in nature is permitted within the AG, RA, EL, and ES
Districts. In addition, horse stables and equestrian
centers that are commercial are permitted only in the AG and
RA Districts and only upon approval of a conditional use
permit.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Introduction of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Buchheim, seconded by Councilman Hausdorfer, that the
following Ordinance be introduced:
Lel � Y �I �iZ�l a��: io■ �li� �! tM �l:to� ZK�7 �] �
AMENDING CHAPTER 3, TITLE 9,
REGARDING EQUESTRIAN USES IN
(AG), SMALL FARM (RA), LARGE
ESTATE (ES) DISTRICTS
L U.L1)TA_LU 0 - !nV Vr1U_L V'iN
TRANO, CALIFORNIA,
OF THE MUNICIPAL CODE
THE GENERAL AGRICULTURAL
ESTATE (EL) AND SMALL
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
ORDINANCES
1. AMENDMENT TO TITLE 9 - PROHIBITION OF SEVERE TREE TRIMMING
Written Communications:
Report dated August 6, 1985, from the City Clerk, advising
that the Ordinance was introduced at the meeting of July 16,
1985, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
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112
earlier in the meeting. It was moved by Councilman
Buchheim, seconded by Councilman Hausdorfer, that the
following Ordinance be adopted:
ORDINANCE NO. 548, AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - PROHIBITION OF SEVERE TREE TRIMMING
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING SECTION 9-3.625 TO THE MUNICIPAL
CODE PROHIBITING SEVERE TREE TRIMMING AND ESTABLISHING
GUIDELINES FOR THE TRIMMING OF TREES
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
2. AMENDMENT OF MUNICIPAL CODE §3-4.303 and §3-4.306 - BID
Written Communications:
Report dated August 6, 1985, from the City Attorney,
recommending that the Municipal Code be amended to provide
more flexibility in waiving "low bid" procedures in selected
situations.
Amendment of Municipal Code Reqarding Bid Procedures:
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:
AMENDMENT TO TITLE 3 OF THE MUNICIPAL CODE -
�r.+r.rTrr.+n L ..n T MYn i]D�nTTVVC - ATT
uxu.LNkum-r, ur inn l.1ii ur ona uua LN i.ear .a oaavawv,
CALIFORNIA, AMENDING MUNICIPAL CODE §3-4.303 RELATING
TO BIDDING PROCEDURES AND §3-4.306 RELATING TO FORMAL
BID PROCEDURES
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
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113
RESOLUTIONS
1. CONFIRMING 1985-86 ASSESSMENT CHARGES, ASSESSMENT DISTRICT
78-3 (ORTEGA PROPERTIES) (421.1)
Written Communications:
Report dated August 6, 1985, from the Director of
Administrative Services, requesting approval of a resolution
notifying the County Tax Assessor of assessments required to
retire current 1915 Act Bonds and interest.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that the following Resolution be adopted:
JUAN CAPISTRANO, CALIFORNIA, CONFIRMING 1985-86
ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA
PROPERTIES
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
The City Clerk was directed to forward a copy of the
Resolution to the Orange County Auditor.
BIDS, CONTRACTS, AGREEMENTS
Written Communications:
Report dated August 6, 1985, from the Director of Public
Works, forwarding results of bids received for the
Restoration of Landscaping and Irrigation Improvements and
Maintenance of Landscape and Irrigation Improvements for
Landscape Maintenance District No. 1.
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It was noted that within the bid from Yoshimura and Johnson
Landscaping a clerical error was made on page 6A. The
bidder mistakenly inserted total cost figures in a column
which was intended for monthly cost figures. It was an
obvious clerical error which may be waived by the governing
body.
Award of Contract:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to award the
contract for Landscape Maintenance Services for Landscape
Maintenance District No. 1 to Yoshimura and Johnson
Landscaping of San Juan Capistrano, in the amount of
$307,958.00; waiving clerical errors. The Mayor and City
Clerk were authorized to execute the contract on behalf of
the City.
2. AWARD OF CONTRACT FOR BACKHOE/LOADER (DIESEL) (C914.2)
Written Communications:
Report dated August 6, 1985, from the Director of Public
Works, forwarding results of bids received for a Public
Works Maintenance Backhoe/Loader. Funds were budgeted in
the 1985-86 budget, Account No. 01-4440-330.
Continuance of Item:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried to continue award of the
contract for Backhoe/Loader to the meeting of August 20,
1985.
3. APPROVAL OF
AGREEMENT - CAMINO CA
Written Communications:
Report dated August 6, 1985, from the Director of Public
Works outlining the review process for the implementation
the Camino Capistrano Bridge. The State/City Supplemental
Report is complete and awaiting final review and submittal
to the California Transportation Commission for State
right-of-way relinquishment; the local agency Right -of -Way
Certification has been signed indicating all right-of-way
acquired and submitted to the State Right -of -Way Division;
final issues with Orange County Flood Control District are
now being resolved; the Department of Fish and Game has
field -reviewed the project and are reviewing construction
plans; the permit is expected in early August. It is now
necessary for the City to formally adopt the Cooperative
Agreement to obligate to the required conditions.
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of
is
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, to adopt the following Resolution:
AGREEMENT WITH STATE - CAMINO CAPISTRANO BRIDGE - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A COOPERATIVE
AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY
OF SAN JUAN CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
The Resolution authorized the Mayor to execute the
Cooperative Agreement.
RECESS AND RECONVENE
Council recessed at 7:29 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:31 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAMS (801.7)
Written Communications:
Report dated August 6, 1985, from the City Manager
indicating the City of San Juan Capistrano, in conjunction
with other agencies, is now ready to proceed with the
reviews and considerations of imposing a fee on new
development to provide a portion of the funding for the
Major Thoroughfare and Bridge Fee Programs. The City of San
Juan Capistrano will benefit from both the San Joaquin and
the Foothill/Eastern Corridors.
Included in the report were copies of the revised Major
Thoroughfare and Bridge Fee Program and Joint Powers
Agreements for the San Joaquin Hills Corridor and the
Foothill/Eastern Corridor and a proposed schedule outlining
the steps necessary to consider implementation of the
transportation fee and the participation of San Juan
Capistrano in a Joint Exercise of Powers Agreement which
will create agencies to administer the two transportation
-11- 8/6/85
11�
corridor programs. Processing costs for the preparation and
mailing of the Notices of Public Hearing are estimated at
$8,000, said funds to be appropriated from the General Fund
Contingency Reserve.
Schedu
of
it was moved by Councilman Hausdorfer, seconded by -
Councilman Buchheim, and unanimously passed to approve the
schedule and set the Public Hearing for September 17, 1985;
approve the public notice form; authorize staff to prepare
and mail the required notices; and, to appropriate $8,000
from the General Fund Contingency Reserve and authorize the
expenditure of said funds from Account No. 4130-213.
OFF -SHORE OIL DRILLING MORATORIUM (109.8)
Written Communications:
Report dated August 6, 1985, from the Assistant City
Manager, indicating the 1982 California Coast Protection
Moratorium prohibiting off -shore drilling is not expected to
be renewed by Congress this year. Therefore, the United
States Department of Interior has worked out a compromise
with a California Congressional Delegation whereby six
tracts (54 square miles) of formerly protected ocean floor
off the coast of Huntington Beach and Newport Beach will be
offered for lease to oil companies by the Federal
Government. In exchange, 98 percent of the 1350 miles of
sea floor now barred by the Congressional Moratorium will
remain protected until the year 2000. Drilling on the
protected 98 percent would only be permitted under the
Presidential National Energy Emergency Clause.
Endorsement of Compromise Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to endorse the
compromise agreement achieved between Secretary of the
Interior Hodel and the California Congressional Delegation
with respect to off -shore oil drilling, with the proviso
that the six tracts off the coast of Orange County be
included in the moratorium through the year 2000.
CITY CLERK
1. RECORDS MANAGEMENT PROGRAM (1104.2/1104.13)
Written Communications:
Report dated August 6, 1985, from the City Clerk, indicating
that the Administrative Records Inventory, Inactive Records
Storage, City Clerk's Department File System, Records
Retention Schedules, and Manual segments of the City's
Records Management Program have been accomplished. The
Records Retention Schedules and proposed Resolution
delineating Program responsibilities were presented for
Council review.
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117
Adoption of Resolutions:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 85-8-6-5, RECORDS MANAGEMENT - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING PROCEDURES FOR A
RECORDS MANAGEMENT PROGRAM
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
ADOPTION OF RECORDS RETENTION
, -nruuj D - n AzoviLu u-LuLV ur lnz 1.11'Z I:vun%-1L ur in
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
RECORDS RETENTION SCHEDULES AND AUTHORIZING THE
DESTRUCTION OF CERTAIN CITY RECORDS AS PROVICED BY
SECTION 34090 ET SEQ OF THE GOVERNMENT CODE OF THE
STATE OF CALIFORNIA
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
CITY ATTORNEY
1. NEW TORT/LIABILITY MANAGEMENT PROGRAM (402.1)
Written Communications:
Report dated August 6, 1985, from the City Attorney,
indicating the City's selection of a new liability insurance
carrier provides an opportunity for the City Attorney to
take on a greater degree of responsibility in defending tort
actions against the City.
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118
Resolution Authorizing Claim Settlement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, that the following Resolution be
adopted:
RESOLUTION NO. 85-8-6-7, CLAIMS SETTLEMENT - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING CITY ATTORNEY, WITH
THE APPROVAL OF THE CITY MANAGER, TO SETTLE CLAIMS IN
AMOUNTS NOT TO EXCEED $7,500.00 PER CLAIM
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
The Resolution authorized the City Attorney, with the
approval of the City Manager, to settle claims up to
$7,500.00 per claim in order to expedite the resolution of
claims.
2. SELECTION OF HEARING OFFICER, SAN JUAN MOBI
Written Communications:
Report dated August 6, 1985, from the City Attorney,
indicating that on July 19, 1985, the City received a
petition from residents of San Juan Mobile Estates
protesting a proposed rate increase. The residents have
obtained the required number of signatures; therefore, it is
appropriate to initiate the hearing process and select a
hearing officer.
Selection of Hearing Officer:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried to appoint Mr. Tully Seymour
as the hearing officer for this petition.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. RATIFICAT
z AND PROPERTY D
Written Communications:
Report dated August 6, 1985, from the Director of
Administrative Services, indicating the City has obtained
liability insurance coverage at $10,000,000.00 and property
damage coverage with Crump, Kindler & Laucci, Insurance
Brokers. The policies went into effect August 1, 1985, and
carry a premium of $6,491.00 for property damage coverage
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11g
and a premium of $81,663.00 for the liability portion, for a
total of $88,154.00. This represents an increase in cost of
$60,000.00 for virtually the same coverage as last year. This
year's coverage for liability insurance contains the same $50,000
Self-insured Retention (SIR) per claim without an aggregate stop
loss. This means the City is liable for the fist $50,000.00 of
cost for each and every claim filed in the policy year.
Liability coverage for the past seven years has limited the
City's exposure to $150,000.00 per year.
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried to ratify the coverage
presented by Crump, Kindler & Laucci at a cost of $88,154.00
and approve a budget amendment of $49,00.00 for Fiscal Year
1985-86.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. WISH/CAMERO ANNEXATION (401.14)
Written Communications:
Report dated August 6, 1985, from the Director of Community
Planning and Development indicating that the Local Agency
Formation Commission (LAFCO) approved the Wish-Camero
annexation in November, 1984. Final action by Council has
been delayed at the request of the property owners to allow
for the completion of the Wish residence and the Camero
grading. These phases are now essentially complete and the
annexation is being submitted for review.
Related to the annexation is a master -planned City -County
equestrian trail extending up the hillside between the two
properties. Both property owners have executed deeds
offering dedication of the trail.
Approval of Wish-Camero Annexation:
It was moved by Councilman Bland, seconded by Councilman
Hausdorfer, that the following Resolution be adopted:
WISH-CAMERO
ANNEXATION - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
WISH-CAMERO ANNEXATION
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
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DIRECTOR OF PUBLIC WORKS
1. PARTICIPATION IN ORANGE COUNTY'S TOXICS ROUNDUP
Written Communications:
Report dated August 6, 1985, from the Director of Public
Works, outlining the County's Toxics Round -up Program to —
assist in the reduction of hazardous wastes being deposited
at unauthorized landfill sites and disposed of in illegal
manners. These kinds materials often end up in sewerage
systems; therefore, participation by sewer agencies has been
sought. The SERRA Board discussed the Program at their
meeting in July. The City of San Juan Capistrano's share as
a SERRA member agency is estimated at $4,500.
1 of Participation
it was movea oy uounciiman nucnneim, seconueu vy I.ouncilm
Bland, and unanimously carried to approve the City of San
Juan Capistrano's participation in the Toxics Round -up
Program at a cost not to exceed $4,500 and authorize the
transfer of funds within the Sewer Enterprise Fund to the
SERRA General Fund, #07-4480-284.
WITHDRAWAL OF
)MMITTEE NO,
Written Communications:
Report dated August 6, 1985, from the Director of Public
Works, forwarding a status report on the Ocean Outfall
Waiver, Project Committee No. 17. During the delay which
transpired while the application for the waiver to ocean
discharge standards was being reviewed by the Environmental
Protection Agency, concerns have arose regarding whether the
public health, safety, and marine environment could be
adequately protected. The lack of unanimous support for
this project among the member agencies of SERRA is evidence
of the erosion of public confidence in the ocean waiver as a
viable alternative.
Public Input:
(1) Nancy Skinner, 1724 Highland, Newport Beach, thanked
the Council for the position they have taken.
Withdrawal
No. 17:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried that the City
withdraw from Project Committee No. 17, Ocean Waiver, and
that SERRA be requested to withdraw the request for approval
of an ocean waiver from the Environmental Protection
Aaencv/State Water Resources Control Board.
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121
3. ACCEPTANCE OF EASEMENTS (LANDSCAPE MAINTENANCE DISTRICT
Written Communications:
Report dated August 6, 1985, from the Director of Public
Works, regarding easements required for the City
to undertake the required work for Landscape Maintenance
District No. 1, Tracts 10103, 11093, 11094, and 11095. No
costs or compensation are associated with acceptance of the
easements.
. Acceptance of the Easements:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried to accept the easements
for landscape and irrigation purposes over Tracts 10103,
11093, 11094, and 11095 from the Capistrano Royale
Homeowners Association.
The City Clerk was directed to record the documents with the
Orange County Recorder.
DIRECTOR OF COMMUNITY SERVICES
1. QUARTERLY ACTIVITIES REPORT, WINTER 1985 (706.1)
Written Communications:
Report dated August 6, 1985, from the Director of Community
Services, forwarding the Quarterly Recreation Activities
Report for Winter, 1985, as approved by the Parks and
Recreation Commission.
With the concurrence of Council, Mayor Schwartze ordered the
report received and filed.
COUNCIL REMARKS
1. OLD MISSION SAN JUAN CAPISTRANO (105.7)
Councilman Buchheim noted the new exhibit, "Cattle and
Saddle" at the Museum.
2. LOS AMIGOS STREET CONDITIONS (322.1)
Councilman Bland noted the letter from Martha Goodwin
regarding street conditions behind the St. Vincent de Paul
Society. It was moved by Councilman Bland, Seconded by
Councilman Buchheim, and unanimously carried to direct staff
to review the Conditional Use Permit which allows the
activity..
Mr 3. PROCLAMATION - SHOP IN SAN JUAN WEEK (CHAMBER OF COMMERCE)
(114.2)
Councilman Schwartze reported on Shop in San Juan Week. It
was moved by Councilman Bland, seconded by Councilman
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122
Buchheim, and unanimously carried to issue a Proclamation
designating September 9, 1985, through September 14, 1985,
as Shop in San Juan Week. The Proclamation is to be
presented to the Chamber of Commerce.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS (140.4)
The Report dated August 6, 1985, from the Director of
Community Planning and Development, regarding actions taken
by the Planning Commission at their meeting of July 23,
1985, was ordered received and filed.
COUNCIL ACTIONS
1. ANNUAL REVIEW OF COMMISSION AND BOARD APPOINTMENTS (130.1)
This item was rescheduled from the meeting of July 16, 1985.
Written Communications:
Report dated June 18, 1985, and resubmitted July 2, 1985,
and August 6, 1985, forwarding a list of current appointees
and active applications currently on file for each
commission and board.
Architectural Board of Review (131.2):
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to reappoint
the four incumbent members Nancy Ferruzzo, Anne Schauwecker,
Roy Nunn, and Tim Neely to the Architectural Board of
Review and to appoint Martha Gresham to fill the existing
vacancy.
Cul
Commission (133.2):
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried to reappoint incumbent
members Janet Bryson, Tony Forster, Carol Heim, Les Jones,
Marilyn Thorpe, Jim Allen, and Dick Landy to the Cultural
Arts and Heritage Commission.
Equestrian Commission (135.2):
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried to reappoint incumbent
members Ilse Byrnes, Diane Starnes, Milton Long, Jill Hanna,
and Joanne Martinsen to the Equestrian Commission.
Los Rios Review Committee (130.9):
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to reappoint
incumbent members Atsuo Ito, Evelyn Villegas, Tony Alarcon,
Marguerite Kennedy, and Gil Jones to the Los Rios Review
Committee.
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123
Mobile Home Park Review Committee (136.2):
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to reappoint
the incumbent members Jean LaBurn, Fred Kelly, Sam Schleger,
and Al Arps to the Mobile Home Park Review Committee, and to
re -advertise the existing vacancy.
Parks and Recreation Commission (138.2):
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried to reappoint the incumbent
members Brett Shears, Joe Quintana, Duke Hallan, Pauline
Leonard, and Kathy Holmes to the Parks and Recreation
Commission.
Planning Commission (140.2):
It was moved by Councilman Bland, seconded by Councilman
Hausdorfer, and unanimously carried to reappoint the
incumbent members Robert Davies, Collene Campbell, Ed
Moore, Carolyn Nash, and Richard Wordes to the Planning
Commission.
Traffic and Transportation Commission (139.2):
It was moved by Councilman Hausdorfer, seconded by
Councilman Bland, and unanimously carried to reappoint the
incumbent members Dennis Haehn, Ed Nelson, and Bill Hodge to
the Traffic and Transportation Commission and to
re -advertise the two existing vacancies.
2. APPOINTMENTS TO ORANGE COUNTY HEALTH PLANNING COUNCIL
(107.27)
Written Communications:
Report dated August 6, 1985, from the Assistant to the City
Manager indicating that the previous representative and
alternate from the City of San Juan Capistrano on the Orange
County Health Planning Council no longer wish to serve.
Advertise the Opening:
It was moved by Councilman Buchheim,
Hausdorfer, and unanimously carried
on the Orange County Health Planning
media to establish a list of persons
as City representative or alternate.
3. ACCEPTANCE OF RESIGNATION AND
(WILLIAM TIMOTI AND MICHAEL V
seconded by Councilman
to advertise the opening
Council through the
interested in serving
10INKO al
Written Communications:
Report dated August 6, 1985, from the Assistant to the City
Manager, forwarding the resignation of William Timoti from
the Traffic and Transportation Commission. Council was
advised of the receipt of the resignation of Michael
Villegas from the Traffic and Transportation Commission.
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124,
Acceptance of Resignations/Vacancy Notices:
It was moved by Councilman Buchheim, seconded by Councilman
Bland and unanimously carried to accept the resignations
submitted by William Timoti and Michael Villegas, to declare
their offices to be vacant, and to direct that Resolutions
of Commendation be prepared and Notices of Vacancy be
posted.
CLOSED SESSION
Council recessed to a Closed Session at 8:16 p.m., for discussion
of pending and potential litigation, the City Clerk being excused
therefrom, and reconvened at 8:42 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 8:42 p.m., to the next regular meeting date of
Tuesday, August 20, 1985, at 7:00 p.m., in the City Council
Chamber.
Respectfully submitted,
. WAR
�i�i
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