85-0820_CC_Minutes_Regular Meeting125
AUGUST 20, 1985
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Schwartze at
7:02 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Councilman Gary
L. Hausdorfer.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
Gary L. Hausdorfer, Mayor pro tem
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
ABSENT: Lawrence F. Buchheim, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard,
Assistant City Manager; John R. Shaw, City Attorney; Mike Little,
Administrative Services Officer; 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, Deputy City Clerk/Recording Secretary.
The Minutes of the Regular Meeting of August 6, 1985, were held
over to the meeting of September 3, 1985.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland, that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Buchheim
PRESENTATIONS AND COMMENDATIONS
1. RESOLUTION OF COMMENDATION - TRAFFIC AND TRANSPORTATION
COMMISSIONER MICHAEL VILLEGAS (139.2)
Written Communications:
Report dated August 20, 1985, from the Assistant to the City
Manager, forwarding a Resolution commending Michael Villegas
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126
for his service to the City as a Member of the Traffic and
Transportation Commission since October, 1979.
Mr. Villegas was present and joined Mayor Schwartze on the
podium to receive a plaque as an expression of Council's
appreciation.
Adoption of Resolution: -
It was moved by Councilman Friess, seconded by Councilman
Bland, that the following Resolution be adopted:
NO. 85-8-20-1
MICHAEL VILLEGAS
- A RRR0T.TTTT0N
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, COMMENDING MICHAEL VILLEGAS, TRAFFIC AND
TRANSPORTATION COMMISSION.
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
2. RESOLUTION OF
Councilmen Friess, Bland, Hausdorfer,
and Mayor Schwartze
None
Councilman Buchheim
- TRAFFIC AND TRANSPORTATI
Written Communications:
Report dated August 20, 1985, from the Assistant to the City
Manager, forwarding a Resolution commending William Timoti
for his service to the City as a Member of the Traffic and
Transportation Commission since March, 1980.
Mr. Timoti was present and joined Mayor Schwartze on the
podium to receive a plaque as an expression of the Council's
appreciation.
Adoption of Resolution:
it was moved by Councilman Friess, seconded by Councilman
Bland, that the following Resolution be adopted:
RESOLUTION NO. 85-8-20-2, COMMENDING_ WILLIAM TIMOTI
TRAFFIC AND TRANSPORTATION COMMISSION - A RESOLUTION
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, COMMENDING WILLIAM TIMOTI, TRAFFIC AND
TRANSPORTATION COMMISSION
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Buchheim
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8/20/85
12'7
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, 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, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Buchheim
1. APPROVAL OF WARRANTS (202.2)
The List of Demands dated August 20, 1985, Warrant Register
No. 83-022, in the total amount of $283,971.34, was approved
as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (210.1)
The City Treasurer's Report of Investments as of July 31,
1985, in the total amount of $7,890,000, was approved as
submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
The City Treasurer's Report of 1911 Act Bond Delinquencies
as of July 31, 1985, in the total amount of $63.37, was
approved as submitted.
4. REPORT OF EQUESTRIAN COMMISSION ACTIONS (135.4)
The Report dated August 20, 1985, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of August 12, 1985, was ordered received and filed.
5. ACCEPTANCE OF DONATION OF VAULT DOOR FOR
As set forth in the report dated August 20, 1985, from the
Director of Administrative Services, the vault door donated
by Times Mirror Cable Television, to replace the door
damaged during the April 4, 1985, break-in, was accepted on
behalf of the City. Staff was directed to forward a letter
of appreciation to Times Mirror Cable Television.
6. CLAIM AGAINST THE CITY (CURTIS) (402.122)
As set forth in the repot dated August 20, 1598, from the
City Clerk, the Claim for Damages in the amount of
approximately $110,000, filed on July 23, 1985, by Attorney
K. J. Cabodi, on behalf of Dustin Curtis, a minor, and
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28 Danilyn Curtis, for alleged injuries sustained on the
Ambuehl School grounds on April 23, 1985, was denied and
referred to the City's Claims Adjuster, Dan Gorman
Insurance.
7. APPLICATION FOR SENATE BILL 821 BIKEWAY FUNDS (209.1)
As set forth in the report dated August 20, 1958, from the
Director of Public Works, the application for Senate Bill
821 funds, in the amount of $140,100, for a section of the
Vereda Bikeway off-road trail from Via Estenaga to Avenida
Siega, was approved.
8. DEVELOPMENT AGREEMENT FOR GRADING AND ON-SITE
TRACT 11753 (THE CAPISTRANO GROUP/HUNT CLUB)
As set forth in the report dated August 20, 1985, from the
Director of Community Planning and Development, the
Development Agreement which set the amount of the required
grading bond at $1,137,850, set time limits for completion
of work, and specified conditions and obligations in the
event work was not completed, was approved. The Mayor and
City Clerk were authorized to execute the Agreement on
behalf of the City.
9. APPEAL OF PLANNING COMMISSION DECISION -
As set forth in the report dated August 20, 1985, from the
City Clerk, the appeal of the June 25, 1985, Planning
Commission action regarding Condition No. 3 of Architectural
Control 85-4, was continued to the meeting of September 3,
1985, as requested by the appellant.
PUBLIC HEARINGS
1. AMENDMENT TO TITLE 9
CODE PROHIBITING
l:
Proposa
Consideration of a zoning amendment to the Municipal Code to
prohibit the sale of "off -premises" alcoholic beverages at
gas stations. The Municipal Code contained no regulations
for convenience stores associated with automobile service
stations; and, there were no restrictions on the sale of
items that were not normally associated with the dispensing
of gasoline and auto repairs. The zoning amendment was
initiated by Council on May 21, 1985.
Applicant:
This was a City -initiated Public Hearing.
Written Communications:
(1) Report dated August 20, 1985, from the Director of
Community Planning and Development, setting forth two
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9
methods for regulation of the sale of alcoholic beverages at
automobile service stations. One method would require
approval of a Conditional Use Permit prior to allowing
concurrent sales of alcoholic beverages; the other method
would prohibit the activity. The proposed Code amendment
states: "No automobile service station in any zoning
district of the City shall be permitted to sell alcoholic
beverages as a part of its normal retail business." The
report forwarded the Planning Commission recommendation of
approval.
(2) Letter dated August 16, 1985, from D. A. Davis, am/pm
Franchise Manager, Los Angeles Region, 17315 Studebaker
Road, P. O. Box 6411, Cerritos, 90701-1488, opposing
the prohibition of concurrent sales.
Sara Pashalides, Associate Planner, made an oral
presentation, stating that staff had recommended the zoning
prohibition based on statistics prepared by the National
Highway Traffic Safety Administration, which clarify that
drunk driving is a threat to traffic safety. She advised
that prohibition was an attempt to protect the public health
and safety by diminishing the probability of drunk driving.
The relevant statistics are on file with the Planning
Department and noted in the staff report to Council.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and the following persons
responded:
(1) Rich Wordes, 31812 Paseo La Branza, Member of the
Planning Commission, discussed the Planning Commission
position, noting that the vote to recommend prohibition
had not been a unanimous vote. He cited personal
concerns regarding concurrent sales and urged approval
of the proposed amendment. He argued that if the
restriction saves one life that is support enough for
the ordinance.
(2) Don Davis, Atlantic Richfield Company, 17315 Studebaker
Road, Cerritos, spoke in opposition to the proposed
amendment, stating that regulation through the
Conditional Use Permit process, with an annual review,
would be preferable. He stated that Atlantic Richfield
did not intend to convert their service station in the
City to a convenience store, but wished to reserve the
right to acquire and develop such a facility at some
location in the future.
(3) Jeff Bukamier, 27732 Paseo Barranca, owner/operator of
the Ortega Highway Chevron, spoke in opposition to the
proposed amendment, citing concerns regarding
competition in the service station business and stating
that prohibition was an inappropriate way to deal with
the problem. He stated support for allowing concurrent
sales through a Conditional Use Permit process.
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1 '3-0
There being no further response, Mayor Schwartze closed the
Hearing with the right to re -open at any time.
Approval of Amendment Prohibiting Concurrent Sales:
Council concurred in their support for the Amendment and it
was move Councilman Friess, seconded by Councilman
Hausdorfer and unanimously carried to approve the amendment
to the Municipal Code prohibiting the concurrent sales of
alcoholic beverages and gasoline. With the concurrence of
the second, the motion was subsequently amendment to provide
for introduction of an Ordinance, and the City Attorney read
the title of the Ordinance next in order. Further reading
of all Ordinances had been waived earlier in the meeting.
The following Ordinance was introduced:
TO TITLE 9 OF THE MUNICIPAL CODE -
LCOHOLIC BEVERAGES AT AUTOMOBILE S
bTH'1'1VNb - HN V1[1111V ALVVL' ur '1'nm l.1'1'1 Vl DA1V V VALV
CAPISTRANO, CALIFORNIA, ADDING MUNICIPAL CODE SECTION
9-3.624(d) RELATING TO THE CONCURRENT SALE OF ALCOHOLIC
BEVERAGES AT AUTOMOBILE SERVICE STATIONS
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Buchheim
2. EXTENSION OF TIME, TRACT 10375 (ROMER) (316.1)
Proposal:
Consideration of an application for a one-year extension of
approvals for Tentative Tract 10375, which would subdivide
approximately 3.06 acres into eight residential lots with a
minimum lot area of 10,000 square feet. The tract is
located at the southwest corner of Calle Aspero and Del
Obispo Street.
Applicant:
Francis C. Romer, 2018 Colorado Avenue, Santa Monica,
California, 90404.
Written Communications: _
Report dated August 20, 1985, from the Director of Community
Planning and Development, forwarding a recommendation of
approval.
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.
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131
Approval of Time Extension: It was moved by Councilman
Hausdorfer, seconded by Councilman Friess and unanimously
carried to approve a one-year time extension to August 18,
1986, for Tentative Tract 10375.
3. EXTENSION OF TIME, TRACT 11826
Proposal:
Consideration of an application for a one-year extension of
approvals for Tentative Tract 11826, which would subdivide
approximately 48 acres into 36 residential lots and one
common lot. The tract is located immediately east of the
Los Corrales Neighborhood.
Applicant:
Black Mountain Villas, 2643 Fourth Avenue, San Diego,
California, 92103.
Written Communications:
Report dated August 20, 1985, from the Director of Community
Planning and Development, forwarding a recommendation of
approval.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and the following person
responded:
(1) Charles Heffner, 28332 Via Fernando, President of the
Board of Directors of the Black Mountain Villas
Homeowners Association, conveyed the Association's
support of the time extension.
There being no further response, Mayor Schwartze closed the
Hearing with the right to re -open at any time.
Approval of Time Extension:
It was moved by Councilman Friess, seconded by Councilman
Bland and unanimously carried to approve a one-year time
extension to September 7, 1986, for Tentative Tract 11826.
ORDINANCES
1. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - EQUESTRIAN USES
IN RESIDENTIAL DISTRICTS (ADOPTION) (418.3
Written Communications:
Report dated August 20, 1985, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
August 6, 1985, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Hausdorfer, seconded by Councilman Bland that the following
Ordinance be adopted:
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1 32
ORDINANCE NO. 549, AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - EQUESTRIAN USES IN RESIDENTIAL
DISTRICTS - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 3, TITLE 9 OF
THE MUNICIPAL CODE REGARDING EQUESTRIAN USES IN THE
GENERAL AGRICULTURAL (AG), SMALL FARM (RA), LARGE
ESTATE (EL) AND SMALL ESTATE (ES) DISTRICTS
The motion carried by the following vote:
AYES: Councilmen Bland, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSTAIN: Councilman Friess
ABSENT: Councilman Buchheim
2. AMENDMENT TO TITLE 3 OF THE MUNICIPAL CODE - BIDDING
PROCEDURES AND FORMAL BID PROCEDURES (ADOPTION) (418.1)
Written Communications:
Report dated August 20, 1985, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
August 6, 1985, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Hausdorfer, seconded by Councilman Bland that the following
Ordinance be adopted:
ORDINANCE NO. 550
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 3-4.303
RELATING TO BIDDING PROCEDURES AND SECTION 3-4.306
RELATING TO FORMAL BID PROCEDURES
The motion carried by the following vote:
AYES: Councilmen Bland, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSTAIN: Councilman Friess
ABSENT: Councilman Buchheim
RESOLUTIONS
1. STREET NAME CHANGE - MARGUERITE PARKWAY TO RANCHO
VIEJO ROAD WITHIN CITY LIMITS (907.1)
Written Communications:
Report dated August 20, 1985, from the Director of Public
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13�
Works, forwarding a Resolution to rename the portion of
Marguerite Parkway within the recently -annexed Spotted Bull
area, to Rancho Viejo Road to be consistent with the balance
of the roadway within the City. Costs to prepare and
install new street name signs were estimated at $200.
The Director of Public Works advised that residents and
businesses in the area had been notified of the proposed
change and no response had been received.
Approval of Name Change:
d by
It was moveCouncilman Friess, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
RESOLUTION NO. 85-8-20-3, RENAMING PORTION OF
MARGUERITE PARKWAY WITH NEW DESIGNATION AS RANCHO
VIEJO ROAD - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RENAMING A
PORTION OF MARGUERITE PARKWAY WITH A NEW DESIGNATION AS
RANCHO VIEJO ROAD
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Buchheim
The name change shall take full force and effect within
thirty days, or by September 19, 1985.
BIDS, CONTRACTS, AGREEMENTS
1. AWARD OF BID FOR BACKHOE/LOADER DIESEL
(PUBLIC WORKS DEPARTMENT) C914.2)
This item was continued from the meeting of August 6, 1985.
Written Communications:
Report dated August 20, 1985, from the Director of Public
Works, forwarding results of bids received for a Public
Works Maintenance Backhoe/Loader. The report advised that
the equipment was to replace the existing 1971 unit and a
trade-in value was solicited for consideration with each
bid. Funds in the amount of $40,000 were allocated in the
1985-86 budget, Account No. 01-4440-330.
Award of Bid:
It was moved by Councilman Hausdorfer, seconded by
Councilman Bland and unanimously carried to accept the bids
for the Backhoe/Loader as complete; to authorize the
purchase of the unit from Artesia Implement of Temecula, in
the amount of $27,210, including a trade-in allowance of
$3,000; and, to authorize the expenditure for the equipment
from Account No. 01-4440-330.
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134 I.
2. SERVICE AGREEMENT FOR MATERIALS TESTING - CAMINO CAPISTRANO
BRIDGE PROJECT (STATE OF CALIFORNIA) (406.621/804.2)
Written Communications:
Report dated August 20, 1985, from the Director of Public
Works, forwarding an agreement with the State of California
to cover costs incurred for materials testing during the
construction phase of the Camino Capistrano Bridge project.
Testing will be done on such items as traffic signal control
equipment; verification is required for the Federal Aid
Urban Program.
Approval of Agreement:
It was moved by Councilman Bland, seconded by Councilman
Friess and unanimously carried to approve Service Agreement
No. 07C040 with the State of California for materials
testing on the Camino Capistrano Bridge Project; and, to
authorize the Mayor and City Clerk to execute the document
on behalf of the City.
CITY INSURANCE - EXCESS LIABILITY INSURANCE COVERAGE (215.1)
Written Communications:
Report dated August 20, 1985, from the Director of
Administrative Services, noting that insurance coverage
bound by Crump, Kindler and Laucci Insurance Brokers,
effective August 1, 1985, had been ratified by Council on
August 6, 1985. The report advised that confirmation had
been received on August 7, for placement of the $5,000,000
excess layer with Planet Insurance Company with a total
premium of $15,000. An additional payment of $5,000 was
required. The total cost for liability and property damage
insurance for the policy year beginning August 1, 1985, was
$95,000.
Approval of Binder:
It was moved by Councilman Bland, seconded by Councilman
Friess and unanimously carried to approve the binder placing
the $5,000,000 excess liability insurance coverage with
Planet Insurance Company; and, to approve a budget amendment
for an additional $5,000.
RECESS AND RECONVENE
Council recessed at 8:07 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:27 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. MAJOR THOROUGHFARE AND
Written Communications:
Report dated August 20, 1985, from the City Manager,
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135
forwarding an ordinance adopting the Major Thoroughfare and
Bridge Fee Program and, for review, a draft resolution
establishing the areas of benefit for each transportation
corridor. The items were submitted pursuant to the
processing schedule adopted by Council on August 6. The
proposed Joint Exercise of Powers Agreements will be
considered following the Public Hearing scheduled for
September 17, 1985, to consider areas of benefit and
imposition of fees.
The City Manager made an oral report, noting that
participating agencies would form a Joint Powers Authority
and agree to a uniform fee program. He advised that the
fees, which will be levied on new development only, will not
provide all of the necessary funds; applications will be
made for additional State and Federal Highway monies.
Council Discussion:
Councilman Bland questioned whether the City will receive
any real benefit from the monies that will be contributed;
that the funds will build the highways and not alleviate the
City's immediate problems. He stated that the corridors
will be highly growth -inducing and aimed at accelerating
development. He suggested that consideration be given to
diverting some of the funds into transportation improvements
within the City; i.e., the extensions of Alipaz Street and
Stonehill Drive. Councilman Friess concurred, stating he
was not specifically opposed to the corridors, but was
opposed to the fee program as proposed through the County.
He stated that no attempt had been made to solve the City's
immediate problems; the corridors will not improve existing
conditions on existing thoroughfares; and, he was not
convinced there was any benefit to residents of South Orange
County. He further suggested the corridors should be funded
by State and Federal funds, direct developer monies, or be
designated as toll roads.
Councilman Hausdorfer stated strong support for
participation in the program, advising that the City shares
in regional responsibilities; i.e., flood control, sewers,
and transportation. He stated it would be an abdication of
responsibility should the City not participate and stressed
the importance of maintaining a voice in the governing
agencies. Mayor Schwartze concurred, stating it was
important to be part of the considerations taking place over
the next decades. He stated that San Juan Capistrano is the
only City who would be a member of, and benefited by, both
corridors.
Councilman Bland suggested the matter be continued for
consideration by a full Council, and discussion ensued
regarding the public hearing scheduled for September 17 and
the need to maintain the adopted time frame.
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136 Introduction of Ordinance Adootina Maior Thoroughfare and
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 Mayor Schwartze,that the following
Ordinance be introduced:
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - ADOPTING A
MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING SECTION 9-2.318 TO TITLE 9 OF THE
CITY'S MUNICIPAL CODE ADOPTING A MAJOR THOROUGHFARE AND
BRIDGE FEE PROGRAM
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer,
and Mayor Schwartze
NOES: Councilman Bland
ABSENT: Councilman Buchheim
Adoption of the Ordinance is scheduled for the meeting of
September 17, 1985, in conjunction with the Public Hearing.
Resolution Establishing Areas of Benefit:
With the concurrence of Council, Mayor Schwartze ordered the
proposed resolution "Establishing the Areas of Benefit for
the Major Thoroughfare and Bridge Fee Programs - San Joaquin
Hills and Foothill/Eastern Transportation Corridors"
received and filed. Adoption of the Resolution is scheduled
for the meeting of September 17, 1985, in conjunction with
the Public Hearing.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. INITIATION OF LOS RIOS PRECISE PLAN AMENDMENT (315.12)
Written Communications:
Report dated August 20, 1985, from the Director of Community
Planning and Development, forwarding a recommendation from
the Los Rios Review Committee to initiate consideration of
an amendment to the Los Rios Precise Plan. Consideration
would be given to changes in permitted uses in the
Park/Bazaar District; refinements to the planned Los Rios
area circulation system; and, changes in the HR (Historic
Residential) District regulations to allow "cottage
commercial" types of uses prior to creation of the
Park/Bazaar. The report advised that the amendment could be
completed within a 90 -day time frame.
Initiation of Amendment:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer,and unanimously carried to initiate the amendment
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13'7
to the Los Rios Precise Plan and to refer the item to the
Los Rios Review Committee and Planning Commission for report
and recommendation.
DIRECTOR OF PUBLIC WORKS
1. REPORT ON SONGS EXERCISE (603.4)
Written Communications:
Report dated August 20, 1985, from the Director of Public
Works, forwarding a report on the Federally -mandated
bi-annual exercise, conducted on August 7, 1985, from 6:00
p.m., to 11:00 p.m., to review the capabilities of the
agencies involved in emergency planning for the San Onofre
Nuclear Generating Station. The report advised that all
associated costs were reimbursable under the provisions of
Senate Bill 1493.
With the concurrence of Council, Mayor Schwartze ordered the
report received and filed.
2. RIGHT-OF-WAY CERTIFICATION, AHFP 1105
CAPISTRANO BRIDGE (804.2/803.1)
Written Communications:
Report dated August 20, 1985, from the Director of Public
Works, advising that in order to be reimbursed for
right-of-way costs associated with construction of the
Camino Capistrano Bridge, the City must provide
certification that the right-of-way has been acquired. The
report noted that acquisition had been completed on July 10,
1985, with recording of the last necessary easement
document.
Certification of Right -of -Way Acquisition:
It was moved by Councilman Hausdorfer, seconded by
Councilman Bland,and unanimously carried to certify that all
necessary right-of-way has been acquired for Arterial
Highway Financing Project No. 1105, Camino Capistrano; and,
to authorize the Mayor and City Clerk to execute the
document entitled "Right -of -Way Certification - Acquired" on
behalf of the City.
COMMISSIONS, BOARDS. COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS (140.4)
The Report dated August 20, 1985, from the Director of
Community Planning and Development, advising of actions
taken by the Planning Commission at their meeting of
August 13, 1985, was ordered received and filed.
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1 3 B COUNCIL ACTIONS
1. APPOINTMENT OF VOTING DELEGATE AND ALTERNATE -
ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE (105.15)
Written Communications:
Report dated August 20, 1985, from the City Clerk, advising
that the annual conference will be held October 6-9, 1985, in _
San Francisco, and forwarding a request from the League of
California Cities to appoint a Voting Delegate and Alternate
to represent the City at the Business Session scheduled for
Tuesday, October 8, 1985, at 3:30 p.m.
Appointment of Voting Delegate and Alternate:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer,and unanimously carried to appoint Mayor
Schwartze as the Voting Delegate and Councilman Buchheim as
the Alternate to represent the City at the General Business
Session.
2. RESOLUTION SUPPORTING ASSEMBLY CONSTITUTIONAL AMENDMENT
NO. 7 RELATING TO NON-PARTISAN ELECTIONS (408.59)
Written Communications:
Report dated August 20, 1985, from the Assistant City
Manager, forwarding a Resolution supporting proposed
legislation ACA 7 (Mountjoy), which would amend the State
Constitution to provide that no political party or party
central committee may endorse, support, or oppose a
candidate for non-partisan office. The Constitution
currently provides that judicial, school, county and city
offices are to be non-partisan; however, a recent California
Supreme Court decision concluded that there is no provision
in the Constitution or statutes to prohibit political
endorsements for non-partisan office.
Adoption of Resolution:
It was moved by Councilman Bland, seconded by Councilman
Friess,that the following Resolution be adopted:
RESOLUTION NO. 85-8-20-4. S
UUN6T1TUTlUNAL AMENUMk�NT NU. / - XCLATINU TU
ELECTIONS - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
SUPPORTING ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 7
RELATING TO ELECTIONS
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Hausdorfer,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Buchheim
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139
The City Clerk was directed to forward a copy of the
Resolution to appropriate legislators.
COUNCIL REMARKS
1. MEREDITH CANYON HOMEOWNERS ASSOCIATION (421.4
Councilman Friess requested an off -agenda status report.
2. CAPISTRANO VALLEY NEWS (104.3)
Councilman Friess was advised that official responses were
being prepared regarding editorials in the August 14, 1985,
edition regarding SERRA and the City's business climate.
Councilman Friess will meet with the Editor to present the
City's background and positions.
3. HAZARDOUS WASTE MANAGEMENT AUTHORITY (905.2
Mayor Schwartze noted a letter dated August 9, 1985, from
Anaheim Councilman Iry Pickler to Supervisor Weider,
regarding a consortium of cities who wish to have their
representatives recognized by the Hazardous Waste Management
Authority. Mayor Schwartze advised he will be meeting with
the group and suggested the City should be involved.
CLOSED SESSION
Council recessed to a Closed Session at 9:24 p.m., for discussion
of legal matters, the Deputy City Clerk being excused therefrom,
and reconvened at 10:28 p.m.
There being no further business before the Council, the meeting
was adjourned at 10:28 p.m., to the next regular meeting date of
Tuesday, September 3, 1985, at 7:00 p.m., in the City Council
Chamber.
Respectfully submitted,
MARY ANN HANOVER, CITY CLERK
By Cheryl ns n,, Deputy City Clerk
ATTEST-
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