86-0107_CC_Minutes_Regular Meeting261
JANUARY 7, 1986
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
7:06 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Father Paul
Martin, Mission San Juan Capistrano.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
Gary L. Hausdorfer, Mayor pro tem
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard,
Assistant City Manager; Mary Ann Hanover, City Clerk; John R.
Shaw, City Attorney; Robert G. Boone, Director of Administrative
Services; William D. Murphy, Director of Public Works; Thomas G.
Merrell, Director of Community Planning and Development; Thomas
L. Baker, Director of Community Services; Cheryl Johnson,
Recording Secretary.
MTNTITF.S
Regular Meeting of December 17, 1985:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, that the Minutes of the Regular Meeting of
December 17, 1985, be approved as submitted. The motion carried
by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
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, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
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62 INTRODUCTION OF CITY ENGINEER (102.702)
The Director of Public Works introduced the new
Engineer, Ted Simon, who began employment with
January 6, 1986.
WRITTEN COMMUNICATIONS
FOR
FEE (ST. MARGARET OF
City
the City on
Council received copies of a letter dated December 17, 1985,
from the Reverend Peter C. Ensor, Vicar, St. Margaret of
Scotland Episcopal Church, 31641 La Novia Avenue, San Juan
Capistrano, requesting waiver of a $250 sign permit fee
required in conjunction with installation of a new church
sign.
Approval of Request:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and carried, with Councilmen Friess and
Bland abstaining, to approve the request for waiver of the
$250 sign permit fee.
2. REQUEST FOR WAIVER OF PERMIT FEE (COMMUNITY DEVELOPMENT
% ,1 t1 1,90A 1%
Council received copies of a letter dated December 18, 1985,
from Susan Fahrney, Health Care Manager, Community
Development Council, 2221 South Standard Avenue, Santa Ana,
92707, requesting waiver of a $1,000 conditional use permit
fee required in conjunction with placement of a trailer to
provide a clinic for medical services for low income
persons.
Approval of Request:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to approve the
request for waiver of the $1,000 conditional use permit fee.
CONSENT CALENDAR
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
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1/7/86
2.
3.
4.
5.
M
APPROVAL OF WARRANTS (202.2)
The List of Demands dated December
Register No. 86-062, in the total
approved as submitted.
263
18, 1985, Warrant
amount of $605,897.86, was
CITY TREASURER'S REPORT OF FUND CASH BALANCES (201.20
The City Treasurer's Report of Fund Cash Balances as of
November 30, 1985, in the total amount of $391,989.76, was
approved as submitted.
REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (138.4)
The Report dated January 7, 1986, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of December 16, 1985, was ordered received and
filed.
The Report dated January 7, 1986, from the Secretary of the
Traffic and Transportation Commission, regarding actions
taken at the meetings of December 11 and 26, 1985, was
ordered received and filed.
PARCEL MAP 81-856 (KEELE) (316.3)
As set forth in the report dated January 7, 1986, from the
Director of Public Works, Parcel Map 81-856 (Keele) was
approved with the determination that said map was consistent
with the General Plan of the City and in substantial
compliance with the approved Tentative Map. The Mayor and
City Clerk were authorized to execute the Development
Agreement for Parcel Map 81-856; the City Clerk was directed
to forward the Agreement to the Orange County Recorder.
COMPLETION OF CITY YARD MOTOR VEHICLE FUEL STORAGE TANKS
(McALPINE AND SALYER) (302.9)
As set forth in the report dated January 7, 1986, from the
Director of Public Works, installation of the City Yard
Motor Vehicle Fuel Storage Tanks was completed.
Acceptance of Work:
The following Resolution was adopted:
fY�llil! 11�Ti7� f Lim
- H 11(r1bULUT1ULN UrTr1r: l:l'1Y UUUDIU111 Ur' THE
JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK
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264
TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
INSTALLATION OF MOTOR VEHICLE FUEL STORAGE TANKS AT THE
CITY YARD (McALPINE AND SALYER)
The Resolution accepted the work as complete in the amount
of $57,922 and directed the City Clerk to forward a Notice
of Completion to the Orange County Recorder.
Issuance of Change Order No. 1, in the amount of $2,925,
covering soil conditions and a cut-off switch relocation as
required by the Fire Department, was approved. Funds were
available in Account No. 06-4715-530.
Payment status was as follows:
Original Contract Price
$54,997.00
Change Order No. 1
2,925.00
Total Project Cost
57,922.00
Less 10% Retention
5,792.20
Less Previous Payment
37,123.20
Total Due
15,006.60
Staff was authorized to make payment as indicated and to
release the 10% retention upon expiration of 35 days from
recordation of the Notice of Completion.
7. DENIAL OF CLAIM (MRUTHYUNJAYA) (402.131)
The Claim filed on November 27, 1985, in the amount of
$1,000,000.00, on behalf of Dr. and Mrs. Mruthyunjaya for
damages allegedly arising in connection with construction of
retaining walls, swimming pool, spa, foundations, and
driveway, at 31661 Via Cervantes, San Juan Capistrano, was
denied.
8. DENIAL OF CLAIM (SALIN) (402.132)
The Claim filed on December 4, 1985, in the amount of
$260,000, by Donald M. Balin, in connection with
construction of a home, walkways, decking, and pool, at
31627 Via Cruzada, San Juan Capistrano, was denied.
9. DENIAL OF CLAIM (LAW) (402.133)
The Claim filed on December 4, 1985, in excess of $113,000,
by Attorney Joseph Powell on behalf of Oris O. Law, in
connection with an accident at Rancho Viejo Road just south
of Village Road, was denied and referred to the City's
liability insurance carrier.
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265
PUBLIC HEARINGS
1. GENERAL PLAN AMENDMENT 85-2 AND SPECIFIC PLAN 85-1
(AGRICULTURE/KINOSHITA) (314.15/306.2)
This Hearing was continued from the meeting of December 17,
1985.
Written Communications:
Report dated January 7, 1986, from the Director of Community
Planning and Development, advising that on December 17,
1985, Council had considered a proposed General Plan
Amendment which would include language changes in the text
of the Land Use and Open Space and Conservation Elements and
amendment of the General Plan Map to incorporate a 5.3
Partial Development Option designation on the Kinoshita
property. Consideration also included a Specific Plan for
the Kinoshita property. The hearing was continued to allow
the required Environmental Impact Report review period to be
completed. The report forwarded recommendations of approval
from the Planning Commission and City Staff.
Mr. Tomlinson advised that the State Clearinghouse had no
comments on the Environmental Impact Report.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened th Public Hearing and, there being no response,
closed the Hearing with the right to re -open at any time.
Certification of Environmental Impact Report:
It was moved by Councilman Bland, seconded by Councilman
Hausdorfer, that the following Resolution certifying the
information and responses to comments be adopted:
RESOLUTION NO. 86-1-7-2
1460
r.N V 11(UN1'1GN'1"[1L 1MYAl:'1" 1(r�YUA'1' - Ur;NL1tHL PLAN AMr�NL)Mr&N'1'
85-2 AND SPECIFIC PLAN 85-1 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
MAKING CERTAIN FINDINGS WITH RESPECT TO THE
ENVIRONMENTAL IMPACTS OF GENERAL PLAN AMENDMENT 85-2
AND SPECIFIC PLAN 85-1, AND CERTIFYING THE DRAFT
ENVIRONMENTAL IMPACT REPORT
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
None
None
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1/7/86
266Approval of General Plan Amendment 85-2:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 86-1-7-3, GENERAL PLAN AMENDMENT 85-2
(AGRICULTURE PRESERVATION) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING GENERAL PLAN AMENDMENT 85-2 (AGRICULTURE
PRESERVATION)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
Councilman Buchheim restated concerns regarding reservation
of 10 acres for a 10 -year period of time and initiated
discussion regarding possible ways to accelerate the time
frame in the event of a family emergency. He was advised
that the property owner would always have the right to
petition for relief.
Approval of Specific Plan 85-1:
It was moved by Councilman Hausdorfer, seconded by
Councilman Bland, that the following Resolution be adopted;
RESOLUTION NO. 86-1-7-4, SPECIFIC PLAN 85-1 (KINOSHITA)
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING SPECIFIC PLAN
85-1 (KINOSHITA)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
2. AMENDMENT TO TITLE 9
IPAL CODE - REGULATIONS
Proposal:
Consideration of a zoning study prepared in conjunction with
an urgency ordinance, which was adopted May 7, 1985, and
extended on June 18, 1985, to prohibit certain land uses
during the interim period while the study was prepared. The
uses studied included massage parlors, major warehousing/
distribution centers, fortunetelling, adult businesses, and
sewage treatment plants.
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Applicant: 2 6
This was a City -initiated Public Hearing.
Written Communications:
(1) Report dated January 7, 1986, from the Director of
Community Planning and Development, advising that the
study proposed including the following uses within the
Land Use Code, subject to limitations:
Major Warehousing/Distribution Centers in excess of
50,000 square feet - Permitted in the Commercial
Manufacturing, General Industrial, and Industrial Park
Districts as a conditional use.
Fortunetelling - Permitted in the Commercial
Manufacturing District.
Adult Businesses and Massage Parlors - Permitted in the
General Commercial and Commercial Manufacturing
Districts as a conditional use and subject to certain
limitations.
Pursuant to the recommendation of the Planning
Commission, the Sewage Treatment Plant was not included
within any zoning district at this time due to the
belief that it could have significant impacts which
should be addressed at the time the project was
proposed.
(2) Letter received January 6, 1986, from M. C. and J. L.
Martinez, 32885 Avenida Descanso, San Juan Capistrano,
opposing massage parlors, major warehouse and
distribution centers, and fortunetelling; and,
supporting regulation of adult businesses.
(3) Letter dated January 6, 1986, from Michael J. Darnold,
26022 Avenida Mariposa, San Juan Capistrano, in
opposition to permitting the uses under study to be
located in the Old Mission District.
Tom Tomlinson, City Planner, made an oral presentation,
stating that the Municipal Code had no regulations
distinguishing adult businesses from other businesses and
provided no control through zoning of the uses set forth in
the study. He advised that the study was done in response
to recent court cases stating that such uses cannot be
prohibited, but can be regulated. He advised that the
proposed amendment would tighten the City's control and
assure that the regulations would withstand any legal
challenge.
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.
-7- 1/7/86
268",.^
ADoroval of
Certain
witnin the city:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman Buchheim,
seconded by Councilman Hausdorfer, that the following
Ordinance be introduced: _
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - PROVIDING
RRr_TMATTONc FOR FSTART,TSHTNG CERTAIN LAND USES WITHIN
Trir l:1TT - l N VICL 11V A1VVG yr lnf 1.111 Vr Ja-an V ,n
CAPISTRANO, CALIFORNIA, AMENDING TITLE 9 OF THE
MUNICIPAL CODE TO PROVIDE REGULATIONS FOR ESTABLISHING
WHAREHOUSING, FORTUNETELLING, ADULT BUSINESSES, AND
MASSAGE PARLORS WITHIN THE CITY
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
Approval of Definitions:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 86-1-7-5, AMENDMENT TO LAND U
DEFINITIONS - A RESOLUTION OF THE CITY COUNC
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, THE
DEFINITIONS TO INCLUDE FORTUNETELLING
The motion carried by the following vote:
AYES:
NOES:
ABSENT:
3. REZONE 86-2 -
Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
None
None
1ENT PLAN (AVERY
Proposal:
Consideration of a Specific Development Plan prepared
subsequent to annexation of the property and development
problems due to lack of an approved Plan. The Specific
Development Plan will provide for the applicant's sign
program and resolve administrative difficulties created by the
lack of a Plan. The property is located at the southeast
corner of Via Escolar and Rancho Viejo Road. Surrounding
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269
uses include a church to the east; vacant property to the
south; Interstate 5 to the west; and, a mixed commercial use
center to the north. The present zoning is PD (Planned
Development) District.
Applicant:
Wayne Held/Avery Foreign Car Service, 28992 Via Escolar, San
Juan Capistrano, 92675.
Written Communications:
Report dated January 7, 1986, from the Director of Community
Planning and Development, advising that the project was
approved and developed under Orange County regulations prior
to it annexation to the City in May, 1985; therefore, the
current uses are considered legal non -conforming uses (auto
parts sales and repair). The Specific Development Plan
addressed the legal non -conforming uses and the range of
permitted uses should the property owner desire to convert
the building to another type of land use. The report
further addressed the Specific Sign Program and recommended
waiver of the rezone application fee of $670, since the need
for the zone change was the result of the City's pre -zoning
action.
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.
Negative Declaration:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim, and unanimously carried to certify the
issuance of a Negative Declaration.
Approval of Waiver of Application Fee:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried to waive the application fee
of $670 for Rezone 86-2.
Approval of Specific Development Plan (Rezone 86-2):
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Buchheim, seconded by Councilman Hausdorfer, that the
following Ordinance be introduced:
REZONE 86-2 (AVERY FOREIGN CAR SERVICE/HELD) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY
ORDINANCE NO. 293 BY ADOPTING A SPECIFIC DEVELOPMENT
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2'70
PLAN FOR ASSESSOR'S PARCEL NO. 650-011-24 (AVERY
FOREIGN CAR SERVICE/HELD)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
ORDINANCES
1. AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE - ESTABLISHING
DISTRICTS (ADOPTION) (418.
Written Communications:
Report dated January 7, 1986, from the City Clerk, advising
that the Ordinance was introduced at the meeting of
December 17, 1985, and was scheduled for adoption with the
amended Section C.(5) stating that use of high- and
low-pressure sodium lights would be subject to approval by
the City Council.
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
Buchheim, seconded by Councilman Hausdorfer, that the
following Ordinance be adopted:
ORDINANCE NO. 560, AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - EXTERIOR LIGHTING REGULATIONS - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-3.614 OF THE MUNICIPAL
CODE PROVIDING REGULATIONS FOR THE INSTALLATION OF
EXTERIOR LIGHTING IN RESIDENTIAL AREAS
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
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2. AMENDMENT
Written Communications:
Report dated January 7,
that the Ordinance was
December 17, 1985, and
Adoption of Ordinance:
The City Attorney read
order. Further reading
earlier in the meeting.
Hausdorfer, seconded by
Ordinance be adopted:
ORDINANCE NO. 561
271
1986, from the City Clerk, advising
introduced at the meeting of
was scheduled for adoption.
the title of the Ordinance next in
of all Ordinances had been waived
It was moved by Councilman
Councilman Bland, that the following
AMENDMENT TO TITLE 9 OF THE
I4�ti1kip 0e$9.1\#were) 0 7b1
vivaiiv saiv v...0 vi' iuu a..ia i. vi' .a-aiv v�ruv �.rar iolia-aivv,
CALIFORNIA, AMENDING SECTION 9-3.423 OF THE MUNICIPAL
CODE RELATING TO PERMITTED USES WITHIN THE FARM MARKET
(FM) DISTRICT
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
RESOLUTIONS
1. SUPPORTING USE OF RADAR ON ORTEGA HIGHWAY (606.1/801.4)
Written Communications:
Report dated January 7, 1986, from the Administrative
Assistant, advising that Thomas Riley, Chairman of the
Orange County Board of Supervisors initiated efforts to
allow the California Highway Patrol to use radar on Ortega
Highway in an attempt to reduce accidents and save lives.
The report forwarded a Resolution of support.
Supporting Use of Radar:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess, that the following Resolution be adopted:
RESOLUTION NO. 86-1-7-6, SUPPORTING USE OF RADAR ON
ORTEGA HIGHWAY - A RESOLUTION OF THE CITY COUNCIL OF
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2'72
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING
STATE ACTION TO AUTHORIZE THE USE OF RADAR ON ORTEGA
HIGHWAY
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim, _
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
The City Clerk was authorized to forward certified copies of
the Resolution to State Senator Marian Bergeson and
Assemblyman Gil Ferguson for their consideration.
BIDS, CONTRACTS, AGREEMENTS
1. PLANS, SPECIFICATIONS
IR BIDS - SLURRY SE
Written Communications:
Report dated January 7, 1986, from the Director of Public
Works, requesting approval of plans and specifications for
the slurry seal of Calle Arroyo from La Novia Avenue to
Avenida Siega as part of the City's street maintenance
program. The Engineer's estimate for the work was $14,100;
funds were budgeted in Account No. 01-4440-286-450.
Approval of Specifications/Call for Bids:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried to approve the plans and
specifications for the Slurry Seal for Calle Arroyo Project
and to authorize a call for bids.
RECESS AND RECONVENE
Council recessed at 7:35 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:41 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. C
!Y STATEMENT -
FROM DISCR
Written Communications:
Report dated January 7, 1986, from the Administrative
Assistant, forwarding a proposed policy statement which
defines the conditions or circumstances that must be present
to warrant a discretionary donation of City funds. The
policy would generally limit public contributions to no more
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2'73.
that $500 on a one-time basis from year to year. The report
advised that legal restrictions prohibit the City Council
from making donations to political action committees or to
any candidate seeking an elective office. The report also
forwarded an Application for Grant of Discretionary Funds,
which outlines the process by which requests will be brought
to the attention of the City Council.
Approval of Policy Statement:
It was moved by Councilman Hausdorfer, seconded by Councilman
Friess, and unanimously carried to approve the Council
Policy regarding donations from the Discretionary Fund.
2. PARTICIPATION IN RAIL PLANNING STUDY (809.2)
Written Communications:
Report dated January 7, 1986, from the Assistant to the City
Manager, advising that on January 1, 1986, Senate Bill 1095
became effective. The Bill created a study group to
prioritize rail capital projects in the Los Angeles -San
Diego Corridor and provided $150,000 to fund the study.
Funding requires a local, equal match and the Orange County
Transportation Commission will match every $5,000 from
cities, up to a maximum of $30,000. Cost for the rail
study was estimated at $300,000, with completion in
approximately 15 months. The report advised that some
capital improvements for San Juan Capistrano could include
an improved platform, additional parking, and improved
crossings. The Request for Proposals and Scope of Work for
the study was included with the report.
Approval of Participation:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess, and unanimously carried to approve
participation in the Los Angeles -San Diego State Rail
Corridor Study, and to authorize a budget amendment in the
amount of $5,000 to be transferred from the unallocated
reserves to Account No. 01-4110-282 (Council Discretionary
Fund).
3. COOPERATION AGREEMENT (CAPISTRANO UNIFIED SCHOOL DISTRICT)
(406.459/118.1)
Written Communications:
Report dated January 7, 1986, from the City Manager,
advising that an Amended and Restated Agreement for
Cooperation with the Capistrano Unified School District and
the Community Redevelopment Agency had been considered by
the Agency at its meeting of January 7, 1986, and was
forwarded for Council action. The report advised that the
City was obligated under the agreement only to the extent
that the Community Redevelopment Agency was unable to
fulfill its obligations with respect to the acquisition of a
civic center site.
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274
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess, and unanimously carried to accept the
recommendation of the Community Redevelopment Agency and
approve the Amended and Restated Agreement for Cooperation
Between the Capistrano Unified School District, the San Juan
Capistrano Community Redevelopment Agency, and the City of
San Juan Capistrano. The Mayor and City Clerk were
authorized to execute the Agreement on behalf of the City.
CITY CLERK
1. APRIL 8 1986, MUNICIPAL ELECTION (408.62)
RESOLUTION DESIGNATING CENTRAL COUNTING PLACE
Written Communications:
Report dated January 7, 1986, from the City Clerk,
forwarding a Resolution designating the City Council Chamber
as the central counting place for all ballots cast at the
April 8, 1986, general municipal election. The cost for
rental of the vote tallying equipment was estimated at $500;
there will be additional costs for personnel. Funds were
budgeted in the 1985-86 Elections Account No. 01-4130-217.
Central Counting Place:
It was moved by Councilman Friess, seconded by Councilman
Hausdorfer, that the following Resolution be adopted:
RESOLUTION NO. 86-1-7-7, 1986 MUNICIPAL ELECTION -
CENTRAL COUNTING PLACE - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
PROVIDING THAT ALL BALLOTS BE COUNTED AT A CENTRAL
COUNTING PLACE
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
The City Clerk was directed to give further or additional �.
notice of the central counting place in time, form, and
manner as required by law.
CANVASS OF GENERAL MUNICIPAL ELECTION
Written Communications:
Report dated January 7, 1986, from the City Clerk,
forwarding a Resolution ordering the canvass of the April 8,
1986, election results to be made by the City Clerk. A
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275
Certificate of the results will be prepared for acceptance
by the City Council on April 15, 1986.
Canvass of Election:
It was moved by Councilman Bland, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO. 86-1-7-8. CANVASS OF GENERAL
z. m,riuN nzu un Hrlj1L o, 1700 - A AzovV ul' uv Ur 1
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 8,
1986, BE MADE BY THE CITY CLERK
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Hausdorfer, and Mayor Schwartze
NOES: None
ABSENT: None
DIRECTOR OF ADMINISTRATIVE SERVICES
1. ACCEPTANCE OF 1984-85 FINANCIAL REPORT AND AUDIT (204.1)
Written Communications:
Report dated January 7, 1986, from the Director of
Administrative Services, advising that the independent
outside auditors, Peat, Marwick, Mitchell & Company, audited
the annual financial statement on the transactions of all
municipal operations and found no financial discrepancies or
any areas of accounting concerns. The report forwarded the
Comprehensive Annual Financial Report for the fiscal period
ended June 30, 1985, as prepared by the Administrative
Services Department, noting that it met all requirements of
the National Council on Government Accounting and conformed
to the Audit Guide of the American Institute of Certified
Public Accountants. The audit was completed at a cost of
$15,500.
Acceptance of Financial Report:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer, and unanimously carried to accept the Financial
Report and the examination by the City's independent
auditors, Peat, Marwick, Mitchell & Company.
COUNCIL ACTIONS
1
STATUS OF ARCHITECTURAL BOARD OF REVIEW VACANCY (131.2)
Written Communications:
Report dated January 7, 1986, from the Assistant to the City
Manager, advising that one vacancy currently existed on the
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2 Architectural Board of Review and although notices had been
given, no applications had been received. The City Clerk
will prepare new notices and news releases and readvertise
the vacancy.
Appointment of Subcommittee:
There was a consensus of Council to appoint a subcommittee
of Councilmen Friess and Bland to interview applicants.
COUNCIL REMARKS
1. MOULTON-NIGUEL WATER DISTRICT (1005.1)
Councilman Buchheim advised the 25th anniversary plaque had
been presented to the Moulton -Niguel Water District.
2. NO PARKING AREA (309.4)
Councilman Bland requested enforcement and replacement of
the No Parking signs on the vacant, recently graded area on
Del Obispo Street adjacent to the Fire Station.
3. SANTA MARGARITA SEWERLINE CONSTRUCTION (903.2)
Councilman Friess noted that the bike trail to Ambuehl
School had been removed during the recent construction and
requested replacement as soon as possible. He further
advised that trail fencing had been knocked down under the
San Diego Gas & Electric lines.
4. SHERIFF'S HELICOPTER ACTIVITY (606.1)
Councilman Friess noted disruptive helicopter activity
during the recent holiday period and was advised that a
letter had been forwarded to the Sheriff's Department.
5. CITY MATRIARCH LUCANA ISCH (114.4)
There was a consensus of Council that a Resolution be
developed for the family of the recently -deceased City
Matriarch, Lucana Isch, for presentation during the St.
Joseph's Day activities.
6. EMERGENCY PREPAREDNESS (603.4)
Mayor Schwartze noted receipt of a book from the
Environmental Protection Agency entitled "Chemical Emergency
Preparedness Program, dealing with emergencies and
appropriate responses and suggested review by the Director
of Public Works.
7. LEAGUE OF CALIFORNIA CITIES (106.15)
Mayor Schwartze advised he would be running for the position
of permanent member of the Local Agency Formation
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27'7
Commission; voting will take place at the League of
California Cities meeting on January 9, 1986.
8. MISSION VIEJO COMMUNITY SERVICES DISTRICT (105.1)
Mayor Schwartze advised he would attend a meeting of the
Board of Directors of the Mission Viejo Community Services
District scheduled for January 8, 1986.
CLOSED SESSION
Council recessed to a Closed Session at 7:53 p.m., for discussion
of personnel and pending litigation, the City Clerk being excused
therefrom, and reconvened at 9:20 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:20 p.m., to the next regular meeting date of
Tuesday, January 21, 1986, at 7:00 p.m., in the City Council
Chamber.
Respectfully submitted,
,#, •ER'f CITY CLERK
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