Loading...
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 -1- 8/20/85 126 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 -2- 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 -3- 8/20/85 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 -4- 8/20/85 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. -5- 8/20/85 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. -6- 8/20/85 131 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: -7- 8/20/85 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 -8- 8/20/85 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. -9- 8/20/85 134 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, -10- 8/20/85 135 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. -11- 8/20/85 136 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 -12- 8/20/85 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. -13- 8/20/85 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 -14- 8/20/85 139 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- _15- 8/20/85