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88-0329_CC_Minutes_Adjourned Regular139 MARCH 29, 1988 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Bland at 7:01 p.m., in the City Council Chamber. ROLL CALL PRESENT: Anthony L. Bland, Mayor Lawrence F. Buchheim, Mayor pro tem Gary L. Hausdorfer, Councilman Phillip R. Schwartze, Councilman ABSENT: Kenneth E. Friess, Councilman STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann Hanover, City Clerk; John R. Shaw, City Attorney; Thomas G. Merrell, Director of Community Planning and Development; Cheryl Johnson, Recording Secretary. MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Schwartze, Buchheim, Hausdorfer, and Mayor Bland NOES: None ABSENT: Councilman Friess ORAL COMMUNICATIONS 1. OFF-ROAD VEHICLES - WINDOW HILL (590 Bill Cunningham, 4053 Via Manzana, San Clemente, stated that illegal use of vacant land in the Window Hill area by off-road vehicles has increased and created an excessive noise nuisance for surrounding residents. He stated that there are no physical deterrents or signs prohibiting the use and suggested that the property owner be required to post the property. Discussion ensued and the City Manager advised he would review possible solutions and submit a report at the next Council meeting. CLOSED SESSION Council recessed to a Closed Session at 7:15 p.m., for discussion of possible litigation pursuant to Government Code Section 64966.9(bXl), the City Clerk being excused therefrom, and reconvened at 7:30 p.m. -1- 3/29/88 ADMINISTRATIVE ITEMS 1. WESTSIDE ANNEXATION NO. 2 - VERIFICATION OF PROTESTS 620.20) This item was continued from the meeting of March 15, 1988. Written Communications: Report dated March 29, 1988, from the City Clerk, advising that the Registrar of Voters reversed his Certification of Verification dated February 29, 1988, and issued another certificate indicating that there were 40 voters in the area and that 22 signatures were verified. One signature was disregarded for lack of date, leaving 21, or 52.5% protest. The report advised that the City Attorney reviewed the information and recommended termination of the proceedings. The report forwarded copies of letters from the following persons requesting that the annexation be placed on the November ballot: (1) D. J. Rackemann, 1 Lime Orchard; (2) Robert Jacobsen, 1 Walking Stick; (3) Denis McGreivy, 9 Morning Dove; (4) Randy Knapp, 1 Riverstone; (5) Herbert Stroschein, 8 Riverstone; (6) Robert York, 4 Riverstone; (7) Andrew Henrick, 3 Lime Orchard; (8) Telegram from Mr. and Mrs. James York, 4 Riverstone; (9) Letter dated March 24, 1988, from Andrew Henrick, 3 Lime Orchard. Mayor Bland stated that since the Registrar of Voters had reversed its original Certificate of Verification and had validated 22 signatures, there were sufficient votes to terminate the proceedings. He recommended that the annexation be terminated. Termination of Proceedings: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the _ annexation proceedings be terminated; the Resolution advising the Local Agency Formation Commission of the termination is to include a request to retain the area in the City's Sphere of Influence and a request to waive the one-year waiting period for re-application for annexation, should residents of the area wish to approach the City for annexation. The motion carried with Councilman Friess absent and Councilman Schwartze abstaining. -2- 3/29/88 141 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:35 p.m., to the next regular meeting date of Tuesday, April 5, 1988, at 7:00 p.m., in the City Council Chamber. ATTEST: G% ANTHONY L. ONND,MAYOR Respectfully submitted, MARY ANN VER, CITY CLERK -3- 3/29/88