Loading...
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 lkfrf) .`� r* @F_ ABSENT: Mayor Schwartze -1- 3/4/86 34 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. -2- 3/4/86 325 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. -3- 3/4/86 326 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. -4- 3/4/86 327 (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 -5- 3/4/86 328, 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. -6- 3/4/86 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 -7- 3/4/86 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 -8- 3/4/86 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 -10- 3/4/86 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. -11- 3/4/86 334 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. -12- 3/4/86 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) -13- 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 -14- 3/4/86 337 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 -15- 3/4/86 339 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 -16- 3/4/86 339 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. -17- 3/4/86 340, 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 -18- 3/4/86