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84-0807_CC_Minutes_Regular MeetingAUGUST 7, 1984 239 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 Hausdorfer at 7:07 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Father Paul Martin, Old Mission San Juan Capistrano Church. ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor Phillip R. Schwartze, Mayor pro tem Anthony L. Bland, Councilman Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman (arrived at 7:25 p.m.) ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann Hanover, City Clerk; James S. Okazaki, 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; Mary Carlson, Deputy City Clerk. MINUTES Adjourned Regular Meeting of July 10, 1984: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the Minutes of the Adjourned Regular Meeting of July 10, 1984, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: Councilman Friess Regular Meeting of July 17, 1984: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of July 17, 1984, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Schwartze ABSENT: Councilman Friess -1- 8/7/84 240. 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, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: Councilman Friess PRESENTATIONS AND COMMENDATIONS 1. FATHER SERRA, DAY OF RECOGNITION, AUGUST 28, 1984 (34) Written Communications: Report dated August 7, 1984, from the City Clerk, forwarding a Resolution setting a special day of recognition in honor of Father Junipero Serra on the 200th Anniversary of his death, August 28, 1984. Adoption of Resolution: Mayor Hausdorfer read the Resolution in full. It was moved by Councilman Buchheim, seconded by Councilman Schwartze, that the following Resolution be adopted: RESOLUTION NO. 84-8-7-1, SPECIAL DAY OF RECOGNITION, FATHER SERRA - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SETTING A SPECIAL DAY OF RECOGNITION IN HONOR OF FATHER JUNIPERO SERRA ON THE 200TH ANNIVERSARY OF HIS DEATH (AUGUST 28, 1984) The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: Councilman Friess Mayor Hausdorfer asked the City Clerk to present the Resolution to Father Paul Martin of Old Mission San Juan Capistrano. By consensus, Council directed that the Resolution be reproduced on plaques,one for the Mission and one for our Sister City Petra, Mallorca, with a copy forwarded to the State Legislature. Mayor Hausdorfer also thanked Father Martin for opening the Mission grounds for the Olympic athletes. -2- 8/7/84 241 PROCLAMATION - VOLUNTEER FIRE SERVICES DAY, AUGUST 18, 1984 (42) Written Communications: Report dated August 7, 1984, from the City Clerk, advising that President Reagan has designated the third Saturday in August as Volunteer Firefighters Recognition Day. Approval of Proclamation: Mayor Hausdorfer read the Proclamation in full. It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried that Saturday, August 18, 1984, be proclaimed Volunteer Fire Services Day in San Juan Capistrano. Mayor Hausdorfer commended the volunteers for their many hours of service to the community. The City Clerk presented the Proclamation to volunteer Captain Danny Lacouague and Chief Mike Ahumada, the Orange County Fire Department representative. CERTIFICATE OF CONFORMANCE IN FINANCIAL REPORTING - CITY OF SAN JUAN CAPISTRANO (36) Written Communications: (41) Report dated August 7, 1984, from the City Manager, advising that the City has received the Certificate of Conformance in Financial Reporting, the highest form of recognition in governmental accounting and financial reporting. Acknowledgement of Certificate of Conformance in F Mayor Hausdorfer acknowledged receipt of the Certificate of Conformance in Financial Reporting and commended Robert G. Boone, Director of Administrative Services, and his Department. 4. FINANCIAL REPORTING ACHIEVEMENT - ROBERT G. BOONE, DIRECTOR OF ADMINISTRATIVE SERVICES (36) Written Communications: Report dated August 7, 1984, from the City Manager, advising that as a result of qualification of the City for the Certificate of Conformance in Financial Reporting, the Municipal Finance Officers Association has forwarded an Award of Financial Reporting Achievement for Robert G. Boone, Director of Administrative Services. Presentation of Award: Mayor Hausdorfer read the letter from the Association, presented the Award of Financial Reporting Achievement to Robert G. Boone, Director of Administrative Services, and commended him for his efforts. -3- 8/7/84 242 . ORAL COMMUNICATIONS 1. STORER CABLE TELEVISION, INC. (43) Martha Corrales, Operations Manager, Storer Cable TV, Inc., presented a copy of a Public Statement and made a report regarding the recent outages experienced by San Juan Capistrano residents during Olympic broadcasting. She identified the problems, reinforced the necessity of a hub site in San Juan Capistrano, and indicated changes had been made in personnel at their answering service. She stressed the fact that their company's goal is to provide good service, and they are striving to do so. Jonathan Kramer, Technician, spoke in response to a question put forth by Councilman Buchheim. He indicated the company has at least three people on call 52 weeks a year. During the Olympic broadcasts, there were five people on call. MOBILE HOME PARK REVIEW COMMITTEE (23) Ed Dailey, Golden State Mobilehome Owners League, 32371 Alipaz, #89, offered to answer any questions the Council had regarding information they have received which is going to the ad hoc committee. The City of Oceanside rental laws Ordinance has been declared constitutional by the Fourth Court of Appeals, and he will provide Council with information in that regard. Mr. Dailey complimented the Council for the fine job they are doing in the area of rent control. CONSENT CALENDAR It was moved by Councilman Schwartze, seconded by Councilman Friess, that the staff recommendations be accepted for the all items listed on the Consent Calendar with the exception of the Report of Traffic and Transportation Commission Actions. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated August 15, 1984, Warrant Register No. 85-014, in the total amount of $497,995.36, was approved as submitted. -4- 8/7/84 243 . 2. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (23) Report dated August 7, 1984, from the Secretary to the Cultural Arts and Heritage Commission, regarding actions taken at the meeting of July 26, 1984, was ordered received and filed. 3. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (62) The Report dated August 7, 1984, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of July 16, 1984, was ordered received and filed. 4. RESOLUTION. NOTICE OF COMPLETION AND FINAL REPORT - 1984 (38) As set forth in the report dated August 7, 1984, from the (74) Director of Public Works, due to additional requirements for abating several parcels within the City, the contract is continuing, and the Notice of Completion will be submitted for Council review at the meeting of August 21, 1984. 5. ACCEPTANCE OF RIGHT-OF-WAY, ORTEGA HIGHWAY - ASSESSMENT DISTRICT 78-3 (GRESHAM) (74) As set forth in the report dated August 7, 1984, from the Director of Public Works, the right of way dedication for Ortega Highway was accepted and the expenditure of $6,750 for the right of way was authorized. The City Clerk was directed to forward the document for recordation. 6. PUBLIC IMPROVEMENT AGREEMENT - ARCHITECTURAL CONTROL 83-9 DEL OBISPO STREET (VERMEULEN CHRISTIANS FARMERS MARKET) (38) As set forth in the report dated August 7, 1984, the (68) Improvement Agreement for Architectural Control 83-9 was approved, and the Mayor and City Clerk were authorized to execute the agreement. The City Clerk was directed to forward the document for recordation. Payment of the Agricultural Preservation Tax for the 2.97 acres was waived. 7. CLAIM FOR DAMAGES (RAMIREZ (35) As set forth in the report dated August 7, 1984, from the City Clerk, the Claim filed on July 14, 1984, by Attorney Marc Vincent on behalf of Jesus Lemus Ramirez, for injuries allegedly sustained in a tractor accident on May 3, 1984, was denied and referred to the City's Claims Adjuster, Carl Warren Insurance. -5- 8/7/84 244 8. SET HEARING DATE - APPEAL OF PLANNING COMMISSION DECISION REGARDING SPECIFIC DEVELOPMENT PLAN (DAVIS DEVELOPMENTS) (68) As set forth in the report dated August 7, 1984, from the City Clerk, a Hearing was set for the meeting of August 21, 1984, on the appeal filed by David B. Neish, in conjunction with the Planning Commission's July 10, 1984, action regarding denial of requested modification to the Specific Development Plan (Davis Developments). Service commercial parking space dimensions and additional parking spaces are the issues being appealed. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (23) This item was removed from the Consent Calendar at the request of Councilman Bland, who expressed concerns with changes in speed limits on Aguacate Road, Calle Aspero, and portions of Del Obispo. Written Communications: Report dated August 7, 1984, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meeting of July 25, 1984. The Director of Public Works indicated there will be a full report and staff members present at the next City Council meeting. A report will be submitted for the Council's review, and a Municipal Code Amendment will be presented. It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried that the Report dated August 7, 1984, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of July 11, 1984, and July 25, 1984, be received and filed. PUBLIC HEARINGS 1. TO NON-EXCLUSIVE FRANCHISE rc MoTaT7707nXTl (43) This Hearing was continued from the meeting of June 19, 1984. Written Communications: Report dated August 7, 1984, from the Director of Administrative Services, advising that the City's attorneys, Rutan and Tucker, and staff have been negotiating with Times Mirror to reach an agreement regarding the provisions of the franchise amendment. If agreement cannot be reached in the near future, the City will proceed with the lawsuit and enforcement of the Rules and Regulations as established by City Council. -6- 8/7/84 245 The Director of Administrative Services made an oral report, indicating a trial date of November 2, 1984. Public Hearing Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Continuation to October 2, 1984: It was moved by Councilman Sc wartze, seconded by Councilman Buchheim, and unanimously carried to continue the Public Hearing to the meeting of October 2, 1984. 2. APPROVAL OF TENTATIVE PARCEL MAP 81-856, PROPERTY LOCATED AT THE TERMINUS OF SAN JUAN CREEK ROAD (KEELE) (85) Proposal: Subdivision of a 10.47 -acre parcel, located just east of the easternmost terminus of San Juan Creek Road in Hidden Valley, into four residential lots. The four custom home lots will have lot sizes of 2.0, 1.0, 1.0, and 1.1 acres. The remaining 5.3 acres will be, in part, dedicated for the construction of San Juan Creek Road, in part utilized as natural open space with development rights dedicated to the City (as part of the C. Russell Cook Master Plan), and a portion (±l acre) just north of the proposed alignment will be utilized by the applicant for pasture and grazing area only. To the east of the property is the Lacouague Ranch, to the north is San Juan Creek, and to the south and west is the custom lot residential community of Hidden Valley. Zoning for the property is primarily EL (Large Estate). A portion of the property north of San Juan Creek Road is zoned GM (Growth Management) and OS (Open Space). Applicant/Property Owner: William L. Keele, 103 South Broadway, Suite 201, Edmond, Oklahoma 93034. Agent: J. Terence Dempsey, P. O. Box 991, San Juan Capistrano, California 92693. Written Communications: Report dated August 7, 1984, from the Director of Community Planning and Development forwarding staff findings and the recommendation of approval, subject to the conditions listed in the Resolution, made by the Planning Commission on July 10, 1984. The Director of Community Planning and Development made an oral report noting that the fifth parcel of the property -7- 8/7/84 2461.. being subdivided is in the flood plain and will be used for grazing. He reiterated information about Traffic and Circulation and Council Policy regarding the extension of San Juan Creek Road. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and the following person responded: (1) J. Terrence Dempsey, Agent, P. O. Box 991, requested clarification of wording regarding development rights. As the agent for the Keeles, he indicated they are ready to proceed. There being no further response, Mayor Hausdorfer closed the Hearing with the right to re -open at any time. Negative Declaration: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried to certify the issuance of a Negative Declaration. Approval of Tentative Parcel Map 81-856: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 84-8-7-2, TENTATIVE PARCEL MAP 81-856 (KEELE) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 81-856 The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None 3. CONTINUATION OF 1984 WEED ABATEMENT CHARGES (74) Written Communications: Report dated August 7, 1984, from the Director of Public Works, recommending continuation of the Hearing in an effort to maximize the work done as part of the 1984 Weed Abatement Program and to provide a more complete listing to the County Assessor for inclusion on the secured tax roll. The original County deadline for recording this project was August 10, 1984. The Auditor has agreed to receive this information at a later date to accommodate the City's schedule. -8- 8/7/84 4 2T. Public Hearin : Notice awing been given as required by law, Mayor Hausdorfer opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Continuation to August 21, 1984: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried to continue the Public Hearing to the meeting of August 21, 1984. CONFIRMATION OF 1984 LANDSCAPE MAINTENANCE DISTRICT CHARGES - TRACTS 9284, 9382, 8485, 7673, 7654, AND 9373 (74) Proposal: (85) Consideration of charges to be assessed in conjunction with the Landscape Maintenance Districts in Tracts 9284, 9382, 8485, 7673, 7654, and 9373. Applicant: This was a City -initiated Hearing. Written Communications: Report dated August 7, 1984, from the Director of Public Works, advising that a meeting had been held to solicit comments regarding the proposed assessments. These costs have been discussed with representatives from most of the tracts and have been received favorably. Assessments are similar to last year's charges. The Director of Public Works reviewed the rates and explained the contingencies. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Confirmation of Charges: It was moved by Councilman Buchheim, seconded by Councilman Friess, to adopt the following Resolution: CALIFORNIA, CONFIRMING THE COST LANDSCAPE MAINTENANCE DISTRICTS SAN JUAN CAPISTRANO ING COST REPORT - 1984 - A RESOLUTION OF THE JUAN CAPISTRANO, REPORT FOR 1984 CHARGES IN THE CITY OF -9- 8/7/84 5. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Schwartze ABSENT: None The Resolution adopts the following assessments and directs that the report be forwarded to the County Assessor and Tax Collector for inclusion on the 1984-85 tax rolls: Assessment Per Tract Parcel Per Year 9284 $540 9382 445 8485 233 7673 182 7654 71 9373 71 Councilman Buchheim commended William Murphy, Director of Public Works, and his staff for their handling of this item. FOR EXTENSION OF (85) Proposal: Request for a one-year extension of the approvals for Tentative Tract 10375. Applicant/Property Owner: Francis C. Romer, P. O. Box 520, San Juan Capistrano, California 92693. 00"WTOYY Written Communications: Report dated August 7, 1984, from the Director of Community Planning and Development, forwarding a request from Francis _ C. Romer for an extension of the Tentative Tract Map 10375. The report recommended a one-year time extension to August 18, 1985. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. -10- 8/7/84 249 Approval of Request: It was moved by Councilman Schwartze, seconded by Councilman Friess, and carried unanimously to approve a 12 -month extension of time to August 18, 1985, for Tentative Tract 10375. ORDINANCES 18. REZONE 84-1 ON/LYON (95) Written Communications: (85) Report dated August 7, 1984, from the City Clerk, advising that the Ordinance was introduced at the meeting of July 17, 1984, 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 earlier in the meeting. It was moved by Councilman Bland, seconded by Councilman Friess, that the following Ordinance be adopted: ORDINANCE NO. 518 - REZONE 84-1 LYON COMPANY) - AN ORDINANCE OF CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NO. 675-081-15 FROM PC (PLANNED COMMUNITY) TO PD (PLANNED DEVELOPMENT) DISTRICT (BRINDERSON/WILLIAM LYON COMPANY) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Schwartze ABSENT: None BIDS, CONTRACTS, AGREEMENTS 1. APPROVING ASSESSMENT DISTRICT 78-3 AGREEMENT WITH BANK OF AMERICA FOR PRIVATE FUNDING OF ASSESSMENTS (TRACT 11765 - (38) Written Communications: (85) Report dated August 7, 1984, from the Director of Public Works, forwarding an agreement with the Bank of America to partially fund the assessment payments within Tract 11765 -11- 8/7/84 250 for the Ortega Properties Assessment District (AD 78-3). The purpose of the agreement is to establish an escrow whereby the assessments for the properties in Tract 11765 are reduced to $200 per year. Approval of Agreement: It was moved by Councilman Buchheim, seconded by Councilman Friess, and unanimously carried to approve the letter agreement with Bank of America dated July 26, 1984, "holding Escrow #1020-5485; Fredricks Development Corporation, Assessment District No. 78-3 (Ortega Properties)." The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. 2. CONFIRMING 1984-85 ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3 (ORTEGA PROPERTIES) (74) Written Communications: Report dated August 7, 1984, from the Director of Administrative Services, advising that the County Tax Assessor must be notified annually of payments for 1915 Act Bonds. The report advises that the Ortega Properties Assessment District 78-3 was financed through 1915 Act Bonds and forwards a resolution confirming assessment charges. Confirmation of Charges: It was moved by Councilman Buchheim, seconded by Councilman Bland, that the following Resolution be adopted: RESOLUTION NO. 84-8-7-4, CONFIRMING 1984-85 ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING 1984-85 ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA PROPERTIES The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None The Resolution advises that the County collects the annual payment of assessments and, commencing in Fiscal Year 1983-84, will deduct a collection charge of 48. The City Clerk was directed to forward a copy of the Resolution to the Orange County Auditor for inclusion on the 1984-85 Secured Tax Roll. -12- 8/7/84 251 3. RENEWAL OF AGREEMENT (HEAD START) (38-#261) (38) Written Communications: Report dated August 7, 1984, from the Director of Administrative Services, forwarding a request from the Executive Director of Orange County Head Start, Inc., to renew the lease for use of City property for a three-year period and to make improvements to areas surrounding the Head Start facility. The proposed agreement will require a one -dollar per year payment, payment of utility costs, $1,000,000 liability coverage, $1,000 per year payment for use of the fenced portion of Descanso Park (if funding is not approved), and a 90 -day option to terminate. Councilman Bland requested and received clarification regarding Head Start funding. General operational funding is not in jeopardy; capital project funding is pending. Approval of Agreement: It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried to approve renewal of the lease agreement with Orange County Head Start for the period ending August 15, 1987. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. 4. CITY INSURANCE COVERAGE - LIABILITY INSURANCE (38) Written Communications: (49) Report dated August 7, 1984, from the Administrative Services, advising that of each fiscal year, the Department o Services solicits public liability an insurance proposals through the City's Gorman. This year's solicitations are Director of prior to August 1st f Administrative d property damage broker of record, Dan based on the same coverage as in the past and consist of a combined single limit coverage of $1,000,000.00, excess umbrella coverage of $9,000,000.00, and property insurance coverage on City facilities and contents. For the last six years, the city has maintained public liability coverage through a $50,000.00 self-insured retention program with a maximum stop loss of $150,000.00 per policy year. The report advised that the quotations are considerably higher for the same coverage, the only change being in the area of claims administration; any policy written by the Hartford Insurance Group with self-insured retention under $100,000.00 requires that claims administration be handled by the Hartford Specialty Group. Approval of Liability Coverage: It was moved by Councilman Bland, seconded by Councilman Friess, and unanimously carried to direct staff to renew the -13- 8/7/84 252 insurance policies with the Hartford Insurance Group with the same program coverage as last year and the change in claims administration. 5. - LA HISTORIA DE (34) Written Communications: (38) Report dated August 7, 1984, from the Senior Administrative Assistant, advising that the current agreement with Jeff Vasquez of Concept Communications contained a deadline of July 31, 1984, for completion of the film, "La Historia de Capistrano." Mr. Vasquez has requested an extension of time to September 30, 1984. When questioned, Mr. Vasquez indicated he would have the film completed by September 30, 1984. Approval of the Extension of Time: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried to approve an extension of time for the Agreement - La Historia de Capistrano (Vasquez/Concept Communications) to September 30, 1984. RECESS AND RECONVENE Council recessed at 8:03 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:05 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. REPORT OF DECISION - CAPISTRANO TERRACE MOBILEHOME PARK (23) Written Communications: Report dated August 7, 1984, from the Mobile Home Park Review Committee Secretary, forwarding the Committee's Report of Decision for City Council consideration. Receipt of Report of Decision and Continuance: It was moved by Councilman Schwartze, seconded by Councilman Friess, and unanimously carried to receive the Report of Decision of the Mobile Home Park Review Committee and _ continue Council review of the Decision until the first meeting in September at which time the receipt of additional testimony, evidence, and analysis may be deemed appropriate in accordance with Section 2-2.905(e) of the Municipal Code. 2. APPOINTMENT OF CITY ATTORNEY (JOHN R. SHAW) (30) Written Communications: Report dated August 7, 1984, from the City Manager, advising that at its Regular Meeting of July 17, 1984, in closed -14- 8/7/84 253 session and in accordance with the Ralph M. Brown Act, the City Council took action to appoint Mr. John R. Shaw to the position of City Attorney, effective August 20, 1984. Ratification of Appointment/Agreement: It was moved by Councilman Schwartze, seconded by Councilman Bland, and unanimously carried that the following actions be taken: (1) Ratify the appointment of John R. Shaw as City Attorney, effective August 20, 1984. (2) Adopt the class specification for the position of City Attorney. (3) Authorize the City Manager to establish an automobile allowance for the position of City Attorney, not to exceed $250 per month. (4) Authorize the City Manager to prepare an agreement rendering housing assistance and to pay all of the appropriate moving and relocation expenses for Mr. Shaw. CITY CLERK 1. LEGAL ADVERTISING REQUIREMENTS (CAPISTRANO VALLEY NEWS) (20) Written Communications: Report dated August 7, 1984, from the City Clerk, advising that on June 5, 1984, the Capistrano Valley News was adjudicated as a newspaper of general circulation in the City of San Juan Capistrano. The effect of the ajudication on the City of San Juan Capistrano has the following components: (1) Legal Advertising All Public Hearing Notices, Notices Inviting Bids, Financial Statements, etc., are to be published in the Capistrano Valley News. (2) Publication of Ordinances All adopted ordinances are to be published, resulting in additional direct cost to the City. (3) Scheduling of Public Hearings/Appeals Due to the fact that the News publishes only once per week rather than daily, it will be necessary to schedule such hearings four weeks after setting, rather than two weeks after. -15- 8/7/84 254 Transfer of Funds: It was moved by Councilman Bland, seconded by Councilman Friess, and unanimously carried to approve a budget transfer from the General Fund Reserves to the City Clerk's Budget Account No. 215, legal advertising, in the amount of $2500. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. ADOPTION OF PUBLIC ART PROGRAM POLICY (69) Written Communications: Report dated August 7, 1984, from the Director of Community Planning and Development, forwarding a proposed Public Art Programs Policy Statement. The program would institute a requirement for the creation of original artwork (i.e., sculpture, mosaics, murals, etc.) as a condition of approval for nonresidential development projects. The Cultural Arts and Heritage Commission recommended adoption; the Planning Commission had cited concerns with the issue of subjective judgment of artwork, possible use of artwork as attention -getting devices, possible conflicts between the program and San Juan's rural character, and additional staff work burdens. Larry Lawrence, Senior Planner, made an oral report and suggested the policy be implemented on a trial basis. Council reiterated Planning Commission comments and expressed concerns with types of art works, the requirement for an expenditure equal to 18 of the total construction value of buildings, additional regulations, final decision-making, and the need for more specific guidelines. Bob Davies, Chairman of the Planning Commission, supported implementation of the Program. Approval of Public Art Program Policy in concept It was moved by Councilman Friess, seconded by Councilman Schwartze, and unanimously carried to approve the Public Art Program Policy in concept for a trial period. Staff is to report back with specific guidelines, definitions, and refinement for Council review. 2. RENEWAL OF CONTRACT - BANK OF AMERICA: PROPERTY REHABILITATION LOAN PROGRAM FOR LOS RIOS (38 #438) (38) Agreement Renewal Deferred: (89) At staff request, action on this item was deferred to a later date by Council consensus. -16- 8/7/84 255, 3. CREATION OF THE SAN JUAN CAPISTRANO COMMUNITY HOUSING CORPORATION (23) Written Communications: (46) Report dated August 7, 1984, from the Director of Community (61) Planning and Development, indicating that the Housing Element of the General Plan recommends that a nonprofit housing corporation be formed and forwarding a copy of the Articles of Incorporation of the City of San Juan Capistrano Community Housing Corporation. A community housing corporation is a private, non-profit entity to assist the City in implementing and administering policies and programs of the Housing Element of the General Plan. The corporation would administer any housing rehabilitation loan programs and rent subsidy programs, as well as acquiring and improving land and housing units. The report further stated that the General Articles of Incorporation and Bylaws were prepared and filed with the Secretary of State on August 3, 1984. The members of the City Council will initially serve as the Board of Directors. Annroval of Creation of the San Juan Capistrano Community It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried to approve the creation of the San Juan Capistrano Community Housing Corporation. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION REPORT OF ACTIONS (67) The Report of Actions taken by the Planning Commission at their meeting of July 24, 1984, was ordered received and filed. COUNCIL ACTIONS APPOINTMENT OF MEMBERS TO THE LOS RIOS REVIEW COMMITTEE (23) Report dated August 7, 1984, from the Senior Administrative Assistant, forwarding applications for the vacancies on the Los Rios Review Committee and indicating that for a period of time there have been two vacancies on the Committee. Appointment consideration has been held in abeyance due to the lack of eligible applicants. Appointment of Committee Members: It was moved by Councilman Bland, seconded by Councilman Schwartze, and unanimously carried to appoint Tony Alarcon and Marguerite Kennedy to the Los Rios Review Committee. -17- 8/7/84 256 2. ACCEPTANCE OF RESIGNATION - PLANNING COMMISSION MEMBER DEIRDRA TYLER (67) Written Communications: Report dated August 7, 1984, from the Senior Administrative Assistant, advising that Planning Commission Member Deirdra Tyler has submitted her resignation effective August 7, 1984. Acceptance of Resign on It was moved by Councilman Schwartze, seconded by Councilman Friess, and unanimously carried to accept Mrs. Tyler's resignation from the Planning Commission; to declare the office vacant; and, to direct that appropriate public notices be prepared and posted. Appointment of Ad Hoc Committee: Mayor Hausdorfer appointed Councilman Bland and Councilman Friess to serve as a committee to review applications and make a recommendation to Council regarding filling the vacancy on the Planning Commission. Councilman Bland indicated he was particularly thankful for the many hours of service donated by Mrs. Tyler. She was always astute in her decisions and made many contributions to the direction the City has taken. COUNCIL REMARKS 1. PEPPERTREE BEND AREA (25) Councilman Bland cited a letter from Mrs. Natalie Mitchell regarding grading and fill exportation in the Peppertree Bend Area and use of Calle Ricardo; a memorandum from Mr. Cochran, Building and Grading Supervisor, was noted. Staff will review the matter. 2. PEPPERREE BEND ROAD (83) Councilman Bland noted the poor condition of the pavement on Peppertree Bend Road and was advised that it is being reviewed by the Department of Public Works. 3. STREET LIGHTS, DEL OBISPO STREET/CAMINO DEL AVION (53) Councilman Bland noted a call regarding a light outage at the intersection and received clarification of staff procedures. 4. COMMISSION/BOARD APPOINTMENTS (23) Councilman Bland offered his congratulations to all new appointees to the City's Commissions, Boards and Committees. -18- 8/7/84 257- 5. PROPOSITION 36, JARVIS TAX INITIATIVE (51) Mayor Hausdorfer noted the negative impact to the City if (86) Proposition 36 should pass at the November election. It was moved by Councilman Schwartze, seconded by Councilman Bland, and unanimously carried to recommend adoption of a Resolution and issuance of a press release in opposition to Proposition 36 at the Council meeting of August 21, 1984. CLOSED SESSION Council recessed to a Closed Session at 8:42 p.m., for discussion of personnel and legal matters, the City Clerk being excused therefrom, and reconvened at 9:47 p.m. COUNCIL ACTION 1. BEAR BRAND RIDGELINE DEVELOPMENT - AUTHORIZATION TO FILE APPEAL (85) It was moved by Councilman Friess, seconded by Councilman (35) Bland, and unanimously carried to authorize the City Manager to file an Appeal regarding the County's decision with proposed Bear Brand Ranch ridgeline development and to request that the Community Profile be considered with regard to the zoning issue. There being no further business before the Council, the meeting was adjourned at 9:48 p.m., to the next regular meeting date of August 21, 1984, at 7:00 p.m., in the City Council Chamber. ATTEST: Y . HAUSDORFER, IYIYOR Respectfully submitted, rNOVER,- CITY CLERK -19- 8/7/84