86-0304_CC_Minutes_Regular MeetingMARCH 4, 1986 323
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 pro tem
Hausdorfer at 7:01 p.m., in the City Council Chamber, followed by
the Pledge of Allegiance to the Flag. Invocation was given by
Reverend Peter Ensor, St. Margaret of Scotland Episcopal Church.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
(arrived at 7:31 p.m.)
Gary L. Hausdorfer, 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; Cheryl Johnson,
Recording Secretary.
MINUTES
Regular Meeting of February 18, 1986:
It was moved by Councilman Friess, seconded by Councilman Bland,
that the Minutes of the Regular Meeting of February 18, 1986, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Friess, Bland, and
Mayor pro tem Hausdorfer
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: Mayor Schwartze
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor pro tem Hausdorfer
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ABSENT: Mayor Schwartze
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PRESENTATIONS AND COMMENDATIONS
1. PROCLAMATION - HERITAGE FESTIVAL, MARCH 14 - APRIL 5, 1986
(114.2/115.5)
Written Communications:
Report dated March 4, 1986, from the Assistant to the City
Manager, forwarding a Proclamation designating the period of
March 14, 1986, through April 5, 1986, as Heritage Festival
Weeks in the City.
Mayor pro tem Hausdorfer read the Proclamation in full and
with the consensus of Council proclaimed the Heritage
Festival Weeks. Mr. Andrew Thornhill of Special Events
Marketing was present to accept the Proclamation.
2. RESOLUTION OF COMMENDATION - EVELYNE VILLEGAS, LOS RIOS
REVIEW COMMITTEE (130.9/114.1)
Written Communications:
Report dated March 4, 1986, from
Manager, forwarding a Resolution
for her service to the community
Review Committee. Mrs. Villegas
eight years. The report advised
prepared for Mrs. Villegas.
the Assistant to the City
commending Evelyne Villegas
as a Member of the Los Rios
served on the Committee for
that a plaque had been
Adoption of Resolution:
Mayor pro tem Hausdorfer read the Resolution in full, and it
was moved by Councilman Buchheim, seconded by Councilman
Friess, that the following Resolution be adopted:
EVELYNE VILLEGAS
LOS RIOS REVIEW COMMITTEE - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
COMMENDING EVELYNE VILLEGAS, LOS RIOS REVIEW COMMITTEE
MEMBER
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Schwartze
The City Clerk was directed to forward the plaque to Mrs.
Villegas.
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ORAL COMMUNICATIONS
1. PRESENTATION TO CITY/CABLE TELEVISION SERVICE (105.4/417.3)
Jerry Mann, 33362 Via de Agua, presented a book prepared by
the Environmental Studies Division of the United States
Government, entitled "Quality of Life Concept." He then
stated concerns regarding the quality of cable television
service from Dimension Cable and suggested the City not
continue their services.
2. COUNCIL CANDIDACY (NEAL) (408.62)
Russell Neal, 31072 Calle Santa Rosalia, a candidate in the
City's upcoming municipal election, read a letter dated
March 4, 1986, suggesting a system to achieve the General
Plan goals of preserving open spaces and maintaining a small
village atmosphere in harmony with free -enterprise and
private property.
CONSENT CALENDAR
It was moved by Councilman Friess, 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 Friess, Bland, Buchheim,
and Mayor pro tem Hausdorfer
NOES: None
ABSENT: Mayor Schwartze
1. APPROVAL OF WARRANTS (202.2)
The List of Demands dated February 26, 1986, Warrant
Register No. 86-083, in the total amount of $437,408.76, was
approved as submitted.
2. CITY TREASURER'S REPORT OF FUND CASH BALANCES (201.20)
The City Treasurer's Report of Fund Cash Balances as of
January 31, 1986, in the total amount of $263,776.03, was
approved as submitted.
3. REPORT OF EQUESTRIAN COMMISSION ACTIONS (135.4)
The Report dated March 4, 1986, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of February 24, 1986, was ordered received and
filed.
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4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (138.4)
The Report dated March 4, 1986, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of February 18, 1986, was ordered received and _
filed.
DENIAL OF CLAIM (O'BANNON) (402.138)
As set forth in the report dated March 4, 1986, from the
City Attorney, the Claim filed on February 13, 1986, in the
amount of $180.00, by Dave O'Bannon, for replacement of a
windshield allegedly damaged by gravel left on the street
after repairs, was denied.
ADMINISTRATIVE ITEMS
CITY MANAGER
APPOINTMENT OF SPECIAL COMMITTEE TO STUDY EQUESTRIAN ISSUES
17nS 71
This item was taken out of order on the Agenda for the
benefit of persons in the audience.
Written Communications:
Report dated March 4, 1986, from the Assistant City Manager,
forwarding the recommendation of the Ad Hoc Committee that a
special committee be formed to review the Equestrian Study
and to present solutions to each issue raised in the Study.
The committee would be composed of one Planning
Commissioner, one Parks and Recreation Commissioner, one
Equestrian Commissioner, one stable operator, one
representative from the Western Heritage Association, and
two Homeowner Association Presidents. The report advised
that the Assistant City Manager would be the lead staff
person.
The following persons addressed Council:
(1) Jerry Harris, owner of the Rancho Sierra Vista Stables,
31441 Avenida de la Vista, representing the
newly -formed Western Heritage Association, noted the
composition of the Association and discussed their
goals and objectives. He noted their desire to
establish an organization to provide representation and
participation in the shaping of the City's future and
in legislating permanency for the horse. He stated
opposition to the proposed fee which was recommended by
the Equestrian Study to construct and maintain
equestrian trails.
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327
(2) Glenn Mozingo, representing the law firm of Mozingo and
Vincent, 24031 E1 Toro Road, Laguna Hills, advised that
the law firm had been retained by Western Heritage
Association with instructions to focus on the
preservation of the western heritage of the community
and to assist the Western Heritage Association in
identifying legal issues regarding taxation and
preservation of the goals of the General Plan.
Mayor pro tem Hausdorfer advised that the intent of the
Equestrian Study had been to address concerns of the
community while allowing for permanency of equestrian uses;
that the Council was dedicated to the General Plan and the
equestrian heritage. He stated the desire to use the
committee as a source of communication between the
equestrian community and the City and recommended that an
additional representative from the Western Heritage
Association be added to the proposed committee.
Mayor Schwartze arrived at 7:31 p.m.
Development of Committee:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried as follows:
(1) Develop a committee whose purpose is to review the
Equestrian Study, the General Plan, and existing
applicable zoning ordinances; to address specific issues
raised in the Study; and, to report to Council with
specific recommendations to solve the real and
perceived problems facing the equestrian lifestyle in
the City.
(2) The committee is to be composed of one Planning
Commissioner, one Parks and Recreation Commissioner,
one Equestrian Commissioner, one stable operator, two
representatives from the Western Heritage Association,
and two Homeowner Association Presidents; each group
will themselves select their representative. The
committee will be responsible for choosing its own
chairperson.
(3) The committee is to complete its review by May 30th and
prepare a report for the Council meeting of June 3,
1986.
(4) The first meeting of the committee is to be scheduled
by the week of April 7, 1986.
For the first meeting, staff was directed to notify
Councilmen Friess and Buchheim so they may attend, although
Council will not be a part of the process, and to present
the General Plan slide show and make available copies of all
General Plan and applicable zoning ordinances. The
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Community Services Department was directed to prepare a
report on current fees charged for use of recreation
facilities; i.e., who is charged, how much, and why.
RECESS AND RECONVENE
Council recessed at 7:42 p.m., and reconvened at 7:47 p.m., with _
all members present.
PUBLIC HEARINGS
REZONE 85-5 AND SPECIFIC DEVELOPMENT PLAN 86-1 (NU -WEST)
(318.5)
Applicant:
Nu -West, Incorporated, 1855 West Katella Avenue, Suite 380,
Orange, 92667.
Written Communications:
Report dated March 4, 1986, from the Director of Community
Planning and Development, forwarding a request from the
applicant to continue consideration of the item in order to
investigate alternate development concepts in response to
concerns expressed by the Planning Commission.
Continuation of Item:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried to continue
consideration of Rezone 85-5 to the meeting of April 15,
1986.
2. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - MODIFYING USES
IN THE FARM MARKET (FM) DISTRICT (418.13)
Proposal:
Consideration of an amendment to the Municipal Code,
pursuant to Council direction of December 17, 1985,
regarding limitations on the size of delicatessen/snack bar
dining areas and provision of additional uses. The
regulations approved on December 17, 1985, permitted a snack
bar as an accessory use provided the dining area was limited
to 100 square feet.
Applicant:
This was a City -initiated Public Hearing. _
Written Communications:
Report dated March 4, 1986, from the Director of Community
Planning and Development, forwarding the Planning Commission
recommendations to limit the number of seats per acre of
development for delicatessen/snack bar/ice cream stores, and
to allow for some small-scale convenience retail stores as
secondary uses provided the uses remain a small proportion
of the total use on the site.
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Sara Pashalides, Associate Planner, made an oral
presentation, noting that the goal of limiting the size and
scale of the dining area was to assure that it remained a
minor use. She advised that staff had been requested to
review veterinarian uses, but noted that the property owner
had no interest in veterinarian uses. She further advised
that the property owner was satisfied with the current
proposal.
Review Process for Economic Development (102.801)
Councilman Hausdorfer stated concerns regarding extended
time frames imposed by requiring review by the Planning
Commission and requested a consensus regarding the need to
expedite the process, particularly if there is an important
economic decision at stake. Following discussion, Council
concurred, and Mayor Schwartze suggested review could be
handled by a method similar to that of the Zoning
Administrator. The process is to be developed by April 1,
1986.
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.
Approval of Modified Users in Farm Market 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 Friess, that the
following Ordinance be introduced. With the concurrence of
the second, the motion was amended to include deletion of
the words "Planning Commission" in line 4 of Section 2,B,
(4), and insertion of the words "Director of Community
Planning and Development."
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - FARM
MARKET (FM) DISTRICT - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.423
OF THE MUNICIPAL CODE RELATING TO PERMITTED USES WITHIN
THE FARM MARKET (FM) DISTRICT
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
The Ordinance allows delicatessen/snack bar/ice cream stores
as accessory uses provided the dining area is limited to a
maximum of 24 seats, based upon six seats per one acre of
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3 3 0 total developed site area; and, allows small-scale
convenience retail uses not specifically listed as a
principal or conditional use, but which the Director of
Community Planning and Development determines to be an
accessory use, provided the use does not exceed 6% of the
total square footage of usable space on the site.
3. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - PROVIDING FO
VESTING TENTATIVE MAPS (418.3)
Proposal:
Consideration of an amendment to the Municipal Code to
establish a procedure wherein a developer of a residential
development will secure certain rights to development upon
the filing and approval of a vesting tentative map. The
amendment was prepared pursuant to new State law, Government
Code Section 66428, which requires cities to enact
regulations authorizing a new tentative subdivision map
known as a "vesting tentative map."
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated March 4, 1986, from the Director of Community
Planning and Development, forwarding the City Attorney's
explanation of the new requirements and a recommendation of
approval from the Planning Commission.
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.
Approval of Vesting Tentative Maps:
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 9 OF THE MUNICIPAL CODE - VESTING
TENTATIVE MAPS - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADDING SECTION 9-4.505 ENTITLED
"VESTING TENTATIVE MAPS" TO CHAPTER 4 "SUBDIVISIONS" OF
TITLE 9 "LAND USE" OF THE MUNICIPAL CODE
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
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4.
331
TITLE 6 OF THE MUNICIPAL CODE -
ORANGE COUNTY CODE PROVISIONS R
Proposal:
Hearing held to consider incorporating by reference the
County's Code provisions relating to Hazardous Materials
Disclosure, pursuant to requirements of Government Code
Section 50022.3. The Ordinance was introduced at the
meeting of February 18, 1986.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
Report dated March 4, 1986, from the Assistant City Manager,
forwarding the February 18, 1986, staff report which
included the proposed ordinance and fee information.
Jennifer Williams, Administrative Assistant, made an oral
presentation, noting that approximately 80 businesses in the
City will be impacted by the law. Battalion Chief John
Howlind, Orange County Fire Department, cited the process
that wily be used to notify businesses of the requirements.
Public Hearing:
Nbtite 'haVihi 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.
Adoption of Hazardous Materials Disclosure Regulations:
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 adopted:
ORDINANCE NO. 564. AMENDMENT TO TITLE 6 OF THE
DISCLOSURE PROVISIONS - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, INCORPORATING BY REFERENCE
COUNTY OF ORANGE CODE PROVISIONS (SECTIONS 4-3-200
ET. SEQ.) RELATING TO HAZARDOUS MATERIALS DISCLOSURE BY
ADDING CHAPTER 10, ENTITLED "HAZARDOUS MATERIALS
DISCLOSURES" TO THE MUNICIPAL CODE
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
None
None
3/4/86
332.
RESOLUTIONS
1. CHANGE ORDER NO. 1 FOR ADDITIONAL
Written Communications:
Report dated March 4, 1986, from the Director of Public
Works, advising that construction of the Little Hollywood
Sewer Connections in the Los Rios Area had been completed.
The Orange County Environmental Management Agency will
reimburse the construction costs of the project through the
Housing and Community Development Block Grant fund.
Acceptance of Work:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, that the following Resolution be
adopted:
100M
11l1'1'Lb nVLLZWUVU JLWriK GVLV LV LI:'1'1 VLVJ tuReeL''LLUJ - H
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF
THE LOS RIOS AREA, LITTLE HOLLYWOOD SEWER CONNECTIONS
(CAPPELLO CONSTRUCTION, INC.)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
The Resolution accepted the work as complete in the amount
of $70,535 and directed the City Clerk to forward a Notice
of Completion to the Orange County Recorder.
Change Order No. 1, in the amount of $6,375, for additional
lengths of sewer lateral and additional cleanouts found to
be necessary during construction, was approved.
Payment status was as follows:
Original Contract Price $64,160.00
Change Order No. 1 6,375.00
Total Project cost 70,535.00
Less 108 Retention 7,053.50
Less Previous Payment 56,304.00
Amount Due 7,177.50
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2.
333,
Staff was authorized to make payment as indicated and to
release the 108 retention upon expiration of 35 days from
recordation of the Notice of Completion.
EE
- MUNICIPAL
140.lk�l
Written Communications:
Report dated March 4, 1986, from the City Clerk, advising
that in 1980 a fee schedule was adopted setting forth costs
to the City of providing printed copies of various documents
and advising that changes were necessary due to increased
printing costs and expansion of codes. The report set forth
changes reflected in the proposed Resolution.
Approval of Fee Schedule/Repeal of Resolution No. 80-7-16-8:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 86-3-4-3, FEE SCHEDULE - MUNICIPAL CODE
AND GENERAL PLAN DOCUMENTS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING A FEE SCHEDULE FOR PURCHASE OF VARIOUS
CITY DOCUMENTS AND REPEALING RESOLUTION NO. 80-7-16-8
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
BIDS, CONTRACTS, AGREEMENTS
EXTENSION
Written Communications:
Report dated March 4, 1986, from the Director of Public
Works, advising that the agreement between the City and
Barwick Datsun Agency, dated March 31, 1972, for
postponement of public improvements on Camino Capistrano,
will expire on March 17, 1986. The report advised that Mr.
Barwick wished to extend the agreement pending improvement
of the adjacent properties, and forwarded a new agreement
which postponed improvements for a period of three years, or
until the City requires improvements to be constructed,
whichever occurs first. The agreement set an Improvement
Bond amount of $41,400.
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334
Approval of Agreement:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to approve the agreement
with Barwick Datsun Agency for postponement of public
improvements, and to authorize the Mayor and City Clerk to
execute the agreement on behalf of the City. The City Clerk
was directed to forward the agreement to the Orange County
Recorder.
RECESS AND RECONVENE
Council recessed at 8:14 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:16 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. MID -YEAR BUDGET REPORT (205.86)
Written Communications:
Report dated March 4, 1986, from the Assistant City Manager
and the Director of Administrative services, forwarding the
six-month review of revenues received, operating budget
funds, and expenditures. The report advised that additional
appropriations were necessary in the City Council budget for
the Special Events Marketing Contract and for funding of the
community picnic as part of the Heritage Festival; and, in
the Internal Service Fund for emergency replacement of the
City Hall heating and air conditioning system and a new air
conditioner at the Nydegger Building.
Councilman Hausdorfer advised that at the last Board meeting
of the Foothill/Eastern Transportation Corridor, each City
was requested to participate in a one-time fee of $25,000 to
fund initial administrative overhead costs. He recommended
approval of the request with the stipulation that the Joint
Powers Authorities be requested to ask for State legislation
to permit the administrative costs to be funded by fees
collected from the Areas of Benefit.
Approval of Corridor Administrative Costs:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and carried, with Councilman Bland
voting in the negative, to approve funding in the amount of
$25,000 for administrative overhead costs for the San
Joaquin Hills and Eastern/Foothill Transportation Corridors;
to request that the Joint Powers Authorities request the
State Legislature to amend current law provisions regarding
collection and use of Corridor fees for administrative
purposes; and, to request that the $25,000 be reimbursed if
such State legislation is adopted.
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3.
335
Approval of Supplemental Appropriations:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to receive and file the
Mid -Year Budget Report and to approve supplemental
appropriations from reserves for the Special Events
Marketing contract obligations ($16,000), the community
picnic ($7,500), and replacement of air conditioning systems
($9,700). The Director of Administrative Services was
directed to transfer funds to the appropriate accounts.
DISPOSAL CONTRACT AMENDMENT (SOLAG DISPOSAL) (406.40/905.2)
Written Communications:
Report dated March 4, 1986, from the Assistant City Manager,
advising that Solag Disposal Company had requested a
revision to and extension of their contract in order to
improve their financial ability to purchase new equipment.
The current contract will expire on June 1, 1989; the
revised contract will provide a term to June 30, 1992, with
two-year renewals thereafter based upon mutual agreement.
The revised contract contained a number of language changes
to reflect current operations. The City's ordinance
relating to refuse collection was also revised to be more
general in nature, allowing the contract to provide for rate
control, insurance, etc.
Approval of Contract:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to approve the
revised contract with Solag Disposal Company. The contract
goes into effect upon the effective date of the proposed
Ordinance. The Ordinance was scheduled for adoption on
March 18, 1986, and will be effective beginning April 17,
1986.
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 Friess,
seconded by Councilman Buchheim, that the following
Ordinance be introduced:
TO TITLE 6 OF THE MUNICIPAL CODE - MUNICIPAL
[0]9&�KAl
JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 3 OF THE
SAN JUAN CAPISTRANO MUNICIPAL CODE ENTITLED "GARBAGE,
REFUSE, RUBBISH, AND WASTE," OF TITLE 6 ENTITLED
"SANITATION AND HEALTH" (MUNICIPAL REFUSE COLLECTION
LAW)
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3/4/86
3 36.1
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
4. RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PROGRAM
(ICMA) (406.642/502.2)
Written Communications:
Report dated March 4, 1986, from the Assistant to the City
Manager, forwarding a Resolution establishing a deferred
compensation plan with the International City Management
Association Retirement Corporation. The plan was proposed
as an additional deferred compensation plan for employees to
use at their discretion; the current program with California
Federal Savings and Loan will be retained.
Establishment of ICMA Deferred Compensation Program:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, that the following Resolution be
adopted:
RESOLUTION NO. 86-3-4-4, ESTABLISHING A DEFERRED
COMPENSATION PLAN WITH THE ICMA RETIREMENT CORPORATION
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A DEFERRED
COMPENSATION PLAN WITH THE ICMA RETIREMENT CORPORATION
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
The Director of Administrative Services was designated as
the coordinator for the program.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. CABLE TV STATUS REPORT (417.3
Written Communications:
Report dated March 4, 1986, from the Director of
Administrative Services, forwarding a letter dated
February 25, 1986, from Patrick T. Lopker, General Manager,
Dimension Cable Services, setting forth an update on the
Times Mirror/Storer consolidation. The report noted that
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337
subscribers had experienced many outages and numerous
complaints had been received. The report recommended
actions which would respond to subscriber concerns and
resolve technical problems, i.e., a public forum conducted
by Dimension Cable; a technical evaluation of the cable
system; and, a review and monitoring of the operational
practices of Dimension Cable. The report advised that an
expenditure of $1,000 would be necessary to hire a technical
consultant to conduct the evaluation; funds were budgeted in
Account No. 01-4160-213.
The Director of Administrative Services made an oral report
and noted that due to the Federal Cable Act, a 5% maximum
increase could be implemented each January until 1987;
thereafter, there would be no rate quidelines in effect. He
noted that Dimension Cable had accelerated their improvement
schedule and recommended that the proposed technical
evaluation not be commenced until completion of current
improvements at the end of March.
Councilman Hausdorfer stated that action should be commenced
to return to the local level the authority to regulate cable
companies, suggesting that assistance in that direction be
obtained from Federal and State representatives. Discussion
ensued regarding the City's prohibition of TV antennas and
the need to provide better quality cable service. Council
cited displeasure with the frequency of outages, noting that
complaints received covered a broad range of issues, not
just outages. Council concurred in the need to push for
legislation modifying past actions and returning control to
the local level. The City Manager advised that a report
could be prepared regarding a strategy to be pursued to
change current regulations, possibly including the League of
Cities and a grass roots movement.
Patrick Lopker, General Manager of Dimension Cable, was
present and discussed past and current rate structures and
noted improvements being made to the system and in customer
service. He noted their recent move to San Juan Capistrano
and problems that had been encountered during that time. He
stated that most of the recent outages had occurred on the
old Storer system. He noted that the two systems were still
being operated separately and cited actions leading to the
consolidation and improvement of the two systems. He stated
that when the new headend goes into operation at Saddleback
Mountain, picture quality should improve and outages should
be reduced by 508. He advised that Dimension Cable would be
willing to participate in a public forum and in a technical
evaluation.
Approval of Technical Evaluation/Consultant Services:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess, and unanimously carried to approve the
Cable TV technical evaluation and franchise review; to
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authorize staff to retain a technical consultant; and, to
request that Dimension Cable conduct a public forum for the
benefit of subscribers. Staff was directed to prepare a
report for the March 18, 1986, meeting regarding a strategy
for reintroducing legislation to obtain more local control _
over cable companies.
DIRECTOR OF PUBLIC WORKS
1. AUTHORIZATION FOR EMERGENCY CHANGE ORDERS - CAMINO
CAPISTRANO BRIDGE (804.2)
Written Communications:
Report dated March 4, 1986, from the Director of Public
Works, advising that the Project Manager (Director of Public
Works) has the authority to process all change orders less
than $5,000; however, the City should be prepared to handle
change orders which require immediate action. Those change
orders would be classified as Emergency Change Orders and
would arise from a change in conditions, beyond the control
of the Contractor, which result in an unsafe working
environment, considerable damage to adjacent property, or a
substantial increase in project costs until a change order
was authorized. The report recommended procedures which
would keep costs to a minimum by expediting Emergency Change
Orders.
Authorization to Approve Change Orders:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to authorize
the Project Manager (Director of Public Works) to approve
change orders up to, but not exceeding, $25,000 if the
situation is of an emergency nature.
STATUS REPORT - CAMINO CAPISTRANO BRIDGE (804.2
Written Communications:
Report dated March 4, 1986, from the Director of Public
Works, advising that the project was progressing on
schedule; relocation of the SDG&E power lines over the
bridge should begin the week of March 4, 1986; and, traffic
control measures would begin on March 24. The report noted
that due to mergers, Steve P. Rados, Inc., a wholly-owned
subsidiary corporation of the Rados Companies, would take
over all construction activities formerly performed by
Novo -Rados.
With the concurrence of Council, Mayor Schwartze ordered the
report received and filed.
COMMISSIONS, BOARDS, COMMITTEES
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PLANNING COMMISSION
1. REPORT OF ACTIONS (140.4)
The Report dated March 4, 1986, from the Director of
Community Planning and Development, regarding actions taken
by the Planning Commission at their meeting of February 25,
1986, was ordered received and filed.
COUNCIL ACTIONS
1. APPOINTMENT OF TWO MEMBERS TO THE ARCHITECTURAL BOARD OF
REVIEW (PACQUIN AND SHEARS) (131.2)
Written Communications:
Report dated March 4, 1986, from the Assistant to the City
Manager, forwarding a list of applicants for the vacancies
on the Architectural Board of Review.
Appointment of Pacquin and Shears:
Councilman Bland nominated Dennis Pacquin and Brett Shears.
There being no further nominations, nominations were closed,
and it was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried to appoint Dennis Pacquin
and Brett Shears to the Architectural Board of Review.
Commission:
It was moved by Councilman Hausdorfer, seconded by
Councilman Bland, and unanimously carried to declare Brett
Shears' position on the Parks and Recreation Commission to
be vacant and to direct staff to prepare and post notices
announcing the vacancy.
COUNCIL REMARKS
1. ORTEGA ROCK VIOLATIONS (420.1
Councilman Hausdorfer expressed appreciation to Jennifer
Williams for the report regarding Ortega Rock violations.
2. TRANSPORTATION CORRIDORS (801.7)
Councilman Hausdorfer noted that the Board of Directors of
the Foothill/Eastern Transportation Corridor had been
seated, with the exception of the cities of Tustin and
Irvine. He suggested that status reports be agendized since
the Board is becoming active. He noted an upcoming public
information meeting in the City in April and encouraged
Council Members to attend. He further encouraged consistent
communication with residents.
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340,
COMMENDATION (114.1/102.701)
Councilman Bland expressed appreciation to the Director of
Public Works for the report regarding synchronization of the
traffic signals at the intersection of Ortega Highway and
Del Obispo Street.
4. OFF-ROAD VEHICLES ON EQUESTRIAN TRAILS (704.3/910.1)
Councilman Friess noted receipt of a letter dated
February 20, 1986, from Christopher and Barbara Cotter,
27802 Horseshoe Bend, regarding use of the equestrian trails
by off-road vehicles and lack of signs prohibiting such use.
He requested a report on obtaining appropriate signs.
5. TRAIL MAINTENANCE DONATION (SMITH) (704.3)
Mayor Schwartze noted receipt of $1,000 from Joan Irvine
Smith, owner of the Oaks Stable on Ortega Highway, for
equestrian trail use.
CLOSED SESSION
Council recessed to a Closed Session at 9:21 p.m., for discussion
of personnel and legal matters, the City Clerk being excused
therefrom, and reconvened at 10:35 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 10:35 p.m., to the next regular meeting date of
Tuesday, March 18, 1986, at 7:00 p.m., in the City Council
Chamber.
ATTEST:
r-
ec
PHILLIP R. SCHWARTZE, MAYO
Respectfully submitted,
MARY IMOVER, CITY CLERK
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