78-0314_CC_Minutes_Adjourned Regular Meeting336
MARCH 14, 1978
The Adjourned Regular Meeting of the City Council of the City of
San Juan Capistrano, California, was called to order by
Mayor Heckscher at 7:02 P.M., in the City Council Chamber.
ROLL CALL PRESENT: Yvon O. Heckscher, Mayor
Kenneth E. Friess, Mayor pro tem
Douglas B. Nash, Councilman
' John B. Sweeney, Councilman
ABSENT: Richard D. McDowell, Councilman
STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy,
Director of Public Works/City Engineer; Thomas G. Merrell, Director
of Community Planning and Development; Loretta Murray, Acting
Director of Administrative Services; James S. Okazaki, City Attorney;
Mary Ann Hanover, City Clerk; Cheryl Johnson, Deputy City Clerk.
MINUTES
Adjourned Regular Meeting of February 25, 1978:
It was moved by Councilman Sweeney and seconded by Councilman Friess
that the Minutes of the meeting of February 25, 1978, be approved as
submitted. The motion carried by the following vote:
ADOPTION OF RESOLUTION DECLARING RESULTS
OF MARCH 7, 1978, ELECTION
(40) Written Communications
(1) Report dated March 14, 1978, from the City Clerk
setting forth the Propositions voted on and the
names of the persons voted for at the General
Municipal Election held on March 7, 1978. The
City Clerk advised that the official canvass of
the returns had been conducted on March 9, 1978,
and the results certified.
Adoption of Resolution Declaring Results of Election:
It was moved by Councilman Nash and seconded by Councilman
Sweeney that the following Resolution be adopted:
RESOLUTION NO. 78-3-14-1
RESULTS OF ELECTION, MARCH 7, 1978
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, RECITING
THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD IN SAID CITY OF SAN JUAN CAPISTRANO
ON THE 7TH DAY OF MARCH, 1978, DECLARING THE
RESULT THEREOF AND SUCH OTHER MATTERS AS ARE
PROVIDED BY LAW
-1- 3/14/78
AYES:
Councilmen Sweeney, Friess,
Nash
and Mayor Heckscher
NOES:
None
ABSENT:
Councilman McDowell
Regular Meeting of
March 1, 1978:
It was moved by Councilman
Nash and seconded by
Councilman Sweeney
that the Minutes of
the meeting of March 1, 1978, be approved as
submitted. The motion
carried by the following
vote:
AYES:
Councilmen Sweeney, Friess,
Nash
and Mayor Heckscher
NOES:
None
ABSENT:
Councilman McDowell
ADOPTION OF RESOLUTION DECLARING RESULTS
OF MARCH 7, 1978, ELECTION
(40) Written Communications
(1) Report dated March 14, 1978, from the City Clerk
setting forth the Propositions voted on and the
names of the persons voted for at the General
Municipal Election held on March 7, 1978. The
City Clerk advised that the official canvass of
the returns had been conducted on March 9, 1978,
and the results certified.
Adoption of Resolution Declaring Results of Election:
It was moved by Councilman Nash and seconded by Councilman
Sweeney that the following Resolution be adopted:
RESOLUTION NO. 78-3-14-1
RESULTS OF ELECTION, MARCH 7, 1978
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, RECITING
THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD IN SAID CITY OF SAN JUAN CAPISTRANO
ON THE 7TH DAY OF MARCH, 1978, DECLARING THE
RESULT THEREOF AND SUCH OTHER MATTERS AS ARE
PROVIDED BY LAW
-1- 3/14/78
337
WHEREAS, a regular general municipal election was held
and conducted in the City of San Juan Capistrano, County of
Orange, State of California, on Tuesday, the 7th day of
March, 1978, as required by law; and,
WHEREAS, notice of said election was duly and regularly
given in time, form and manner as provided by law; that
voting precincts were properly established; that election
officers were appointed and that in all respects said
election was held and conducted and the votes cast thereat,
received and canvassed and the returns made and declared in
time, form and manner as required by the provisions of the
Elections Code of the State of California for the holding of
elections in cities; and,
WHEREAS, pursuant to Resolution No. 77-12-7-8 adopted
the 7th day of December, 1977, the City Clerk of the City of
San Juan Capistrano canvassed the returns of said election
and has certified the results to this City Council, said
results are received, attached and made a part hereof as
"Exhibit A".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. That there were eighteen (18) voting
precincts established for the purpose of holding said
election consisting of one (1) consolidation of the regular
election precincts in the City of San Juan Capistrano, as
established for the holding of state and county elections.
SECTION 2. That said regular general municipal election
was held for the purpose of electing the following officers
of said City as required by the laws relating to cities in
the State of California, to wit:
Three (3) Members of the City Council of said City for
the full term of four (4) years.
SECTION 3. That at said regular general municipal
election, the following measures were submitted to the
electors of said City, to wit:
"PROPOSITION A
SHALL THE ORDINANCE
DIVIDING THE CITY INTO YES
SEVEN (7) DISTRICTS
FOR ELECTION OF MEMBERS
OF THE CITY COUNCIL BY
DISTRICT BE ADOPTED?" NO
"PROPOSITION B
SHALL THE ORDINANCE
REPEALING GENERAL PLAN YES
AMENDMENT 77-1
(AGRICULTURAL
PRESERVATION) BE
ADOPTED?" NO
-2-
3/14/78
338
SECTION 4. That the whole number of votes cast in said
City (except absent voter ballots) was 4,515.
That the whole number of absent voter ballots cast in
said City was 85, making a total of 4,600 votes cast in said
City.
SECTION 5. That the names of persons voted for at said
election for Member of the City Council of said City are as
follows:
1. Al R. Arps
2. Susan J. Cummings
3. Erwin E. Drake
4. Gary L. Hausdorfer
5. Jimmy D. Larsen
6. Phillip R. Schwartze
7. John B. Sweeney
8. James F. "Jim" Thorpe
9. Charles H. Ward
10. Marilyn C. Williams
That the measures voted upon at said election were as
follows:
"PROPOSITION
"AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DIVIDING SAID
CITY INTO SEVEN (7) COUNCILMANIC DISTRICTS
WHEREIN COUNCIL PERSONS SHALL BE ELECTED
BY DISTRICTS INSTEAD OF "AT LARGE" AND
SETTING FORTH A METHOD OF TRANSITION FROM
A FIVE (5) TO SEVEN (7) PERSON COUNCIL.
' "WHEREAS, a group of registered voters known as
the San Juan Capistrano Concerned Citizens for
Responsive Government has devised a plan to increase
the City Council from five (5) members to seven (7)
members by dividing the City into seven (7)
Councilmanic Districts as shown on a map which is on
file with the City Clerk; and
"WHEREAS, it is proposed that members of the City
Council shall be elected by districts, in each of the
seven Councilmanic Districts; and
"WHEREAS, a system of transition from five (5) to
seven (7) members of the City Council has been
proposed and is in file with the City Clerk providing
for alternating terms of office; and
"WHEREAS, members of the City Council so elected
by districts will be more representative of, more
accountable to and therefore more responsive to their
respective constituencies; and
"WHEREAS, it is in the best interests of the City
of San Juan Capistrano that it change from its present
form of government to seven (7) members of the City
' Council elected by districts.
"NOW THEREFORE, the People of the City of San Juan
Capistrano, California, DO ORDAIN as follows:
"SECTION 1. That the members of the City Council
of the City of San Juan Capistrano be and they are
hereby changed from five (5) members to seven (7)
members.
-3- 3/14/78
339
"SECTION 2. That the City of San Juan Capistrano
be and it is hereby divided into seven (7) Councilmatic
Districts all as more particularly set forth in a map
thereof on file with the City Clerk.
"SECTION 3. That the members of the City Council
shall be elected by districts in each of the seven (7)
Councilmatic Districts established by this Ordinance.
"SECTION 4. That each member of the City Council
re-elected shall be elected until the second succeeding
general municipal election held in the city and until
their successors are elected and qualified, the two
(2) receiving the lowest number of votes shall hold
office until the first succeeding general municipal
election held in the city and until their successors
are elected and qualified and the remainder receiving
the highest number of votes shall hold office until
the second succeeding general municipal election held
in the city and until their successors are elected and
qualified. If two or more members of the City Council
are elected by the same number of votes, the terms of
each shall be determined by lot, provided however,
that no member of the City Council shall have his four
year term reduced because of the provisions of this
Section.
"SECTION 5. The City Clerk shall certify to the
adoption of this ordinance at an election duly held on
this date pursuant to Section 4019 of the Elections
Code of the State of California, and shall cause this
ordinance to be published in accordance with law.
"SECTION 6. This ordinance relates to an election
and shall take effect upon its adoption.
"APPROVED AND ADOPTED this day of
1977.
Mayor of the City of San Juan Capistrano
ATTEST:
(Seal)
Clerk of the City of San Juan Capistrano"
"PROPOSITION B
"AN ORDINANCE REPEALING RESOLUTION NO.
77-4-6-1 GENERAL PLAN AMENDMENT 77-1
(AGRICULTURAL PRESERVATION)
"The people of the City of San Juan Capistrano do
ordain as follows:
"Section 1. The people of the City of San Juan
Capistrano hereby find and determine that the City
Council has ignored the desires of the voters of the
City by enacting Resolution No. 77-4-6-1 which adopted
General Plan Amendment 77-1 (Agricultural Preservation)
after said voters had rejected agricultural preservation
by a two to one margin at the general election held in
March, 1976.
-4- 3/14/78
"Section 2. RESOLUTION NO. 77-4-6-1 entitled:
'A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
GENERAL PLAN AMENDMENT 77-1 (AGRICULTURAL
PRESERVATION) which was adopted by the
City Council on April 6, 1977, is hereby
repealed.' "
-------------------------------------------------------
That the number of votes given at each precinct and the
number of votes given in the City to each of such persons
above named for the respective offices for which said persons
were candidates, and for and against the measures, were as
listed in Exhibit "A" attached.
SECTION 6. The City Council does declare and determine
that:
Gary L. Hausdorfer
was elected as Member of the City Council of said City
for the full term of four (4) years;
Phillip R. Schwartze
was elected as Member of the City Council of said City
for the full term of four (4) years;
James F. "Jim" Thorpe
was elected as Member of the City Council of said City
for the full term of four (4) years.
That as a result of said election, a majority of the
qualified voters voting on said measures relating to Dividing
the City into Seven (7) Districts for Election of Members of
' the City Council by District and Repeal of Resolution No.
77-4-6-1 General Plan Amendment 77-1 (Agricultural Preservation)
did not vote in favor thereof, and that said propositions
were not carried, and shall not be deemed adopted and ratified.
SECTION 7. The City Clerk shall enter on the records
of the City Council of said City, a statement of the result
of said election, showing:
1. The whole number of votes cast in the City;
2. The names of the persons voted for;
3. The measures voted upon;
4. For what office each person was voted for;
5. The number of votes given at each precinct to each
person, and for and against each measure;
6. The number of votes given in the City to each
person, and for and against each measure.
SECTION 8. That the City Clerk shall immediately make
and deliver to each of such persons so elected a Certificate
' of Election signed by the City Clerk and duly authenticated;
that the City Clerk shall also administer to each person
elected, the Oath of Office prescribed in the State
Constitution of the State of California and shall have them
subscribe thereto and file the same in the office of the
City Clerk. Whereupon, each and all of said persons so
elected shall be inducted into the respective office to
which they have been elected.
-5- 3/14/78
341
SECTION 9. That the City Clerk shall certify to the
passage and adoption of this Resolution; shall enter the
same in the book of original Resolutions of said City; and
shall make a minute of the passage and adoption thereof in
the records of the proceedings of the City Council of said
City, in the minutes of the meeting at which the same is
passed and adopted.
PASSED, APPROVED AND ADOPTED this 14th day of
March 1978 , by the following vote, to wit: -
AYES: Councilmen Sweeney, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: Councilman McDowell
/S/ YVON O. HECKSCHER
YVON O. HECKSCHER, MAYOR
ATTEST:
/s/ MARY ANN HANOVER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing
is a true and correct copy of Resolution No. 78-3-14-1 ,
adopted by the City Council of the City of San Juan Capistrano,
California, at a regular meeting thereof held on the 14th
day of March , 1978 .
(SEAL) /s/ MARY ANN HANOVER.
MARY ANN HANOVER, CITY CLERK
-6- 3/14/78
342
CITY CLERK'S CERTIFICATE OF CANVASS
I, MARY ANN HANOVER, City Clerk of the City of San
Juan Capistrano, County of Orange, State of California, duly
authorized by Resolution No. 77-12-7-8, adopted by the City
' Council of said City on the 7th day of December, 1977, DO
HEREBY CERTIFY that I have canvassed the returns of the
regular general municipal election held in said City on the
7th day of March, 1978, and find that the number of votes
given at each precinct and the number of votes given in the
City to persons voted for, the respective offices for which
said persons were candidates, and for and against the measures,
were as follows:
(See Exhibit "A", Page 2)
Dated this 9th day of March, 1978
J
(SEAL)
EXHIBIT "A"
/s/ MARY ANN HANOVER
MARY ANN HANOVER, City Clerk
City of San Juan Capistrano
Page 1
-7- 3/14/78
343
-8- 3/14/78
M
v In
•n
N
m
10
In
Vi
o
ti
m
N
to
o
1,
In
F:L6pA
Fz
m
m
m
o
o
m
o
m
In
a
In
Bmf'
'I V.I,O,G
M
In
M
M
W
C
H
.�
.y
In
t0
OI
VI
M
N
M
N
N
r1
N
In
.'I.1.1)A
C
H
m
In
m
.�
M
M
M
r
r
In
M
W
M
m
r
N
In
I
I
N
N
N
'i
In
N
1-
IN
n
R
IN
M
M
W
1
1
ilif3Nil Slit/
pl
N
Ir!)
In
M
ID
,.
H
In
.r
n
m
m
m
m
v
m
N I
N
m
N
F
m
m
m
N
m
m
CI
In
N
IJ
N
O
r-1
�
n C
m (D
m
.r>
N
m
m
N
to
rl
m
ry
'1
N
M
N
to
O
N
I-1
m
In
N
In
N
N
'JI
ry
N
tp
On
N
In
•}
N
M
r
C
tD
N
I-
O
4'
I -I
t9
yI
yI
M
m
m
N
n
M
H
m
M
n
tp
C
C
yI
,y
m
.
7
N
M
M
On
m
N
m
T µl
tD
m
m
W
m
M
to
N
mO
N
m
m
N
�
N
IN
N
N
N
r4
N
.'i
M
In
v
r
.-
In
N
VI
C
O
yI
m
In
N
H
m
CI
M
N
M
MCn
N
O
M
m
O
In
In
M
N
C
.y
m
N
N
O
v
W
WI
In
m
M
N
N
m
O
m
m
dI
m
N
M
)
v
N
^
N
m
r
m
m
YJ
m
VI
N
r
O
C
m
r
In
N
m
m
tD
m
N
M
In
NI
N
t9
M
M
r
m
m
IN
i
'i M
rMi
IN -1
.01
IN
N
r1
1
v
C
n
O
O
M'
N
N
ti
m
11
m
m
N
tD
m
M
C
tJ•
O
ii
M
m
O tD
I"I
N
O
m
C
H
H
M
M
m
N
m
m
H
m
I
N
M
1
v
'i
N
ri
ri
.i
N
I -I
IN
N
M
In
N
In r
r
N
r
V
m
p
cD
t0
In
m
M
r
H
r
N
m
N
N
m
M
r-1
m
N
O
H
I-1
N
m
m
O
VI
rl
IN
r -I
N
I -i
M
N
t -
W
v v
M
^
C
r
.i
N
m
In
:0
M
1-
N
W
M
IN
N
N
m
m
In
In
N
r
m
In N.
.1
In
N
N
n
In
tG
N
O
tD
tD
r
M
t�
^f
M
M
m
M
m
In
m
n
m
W
r -I
n
m
O
M
.i
tD
C
W
m
m
m
M
N
1
m
O
m
r
m
M
N
H
.i
.i
N
N
W
h
•m
N
^
C
m
.i
O
M
m
C
dI
r
m
O
m
r-1
VI
m
In
T
r1
N
tD
N
O
m
O
m
O
m
H
r
m
m
H
O
m
O
IN
m
N
M
N
N
Cn
C]
m
m
(p
m
M
m
m
N
m
O
m
.-I
[D
N
C
N
m
m
N
N
W
M
M
N
VI
In
N
r
r
M
In
N
O
r
Ir
In
M
Iy
r-1
H
ri
H
r4
r -I
IN
C
m
C
m
m
dI
N
M
N
N
h
r
Ii
I' -I
M
O
m
N
O
(D
O
m
r
m
O
In
dI
dI
m
U
N
r
C'
m
m
m
m
N
In
^}
M
C
`Y M
H
r -I
I-1
,-1
rl
I
N
H
r-1
H
H
I
H
M
In
H
v
91
O
N
O
m
O
H
N
M
m
N
In
O
O
H
cD
m
m
C
O
r
m
M
H
H
M
H
to
H
M
C
H
m
N
m
tD
N
H
M
H
H'
H
I
HH
H
M
v
IN
V'
m
M
O
In
m
H
N
N
m
aT
m
r
(D
O
lDH
N
H
In
C
M
V'
m
M
O
n
r
N H
N
IN
•1
N
H
M
N
N
H
N
H
p
ID
H
v
F
H
m
H
H
U
N
H
CI
O
m
N
m
N
m
N
VI
to
H r4
H
H
N
IN
H
N
H
H
N
VI
N
H
In
m
a
v
D
w
o
w
In
W
N
F
W
O
W
O
W
O
W
In
W
'6
fG
I
w
o
v
❑
.a
In
W
H
v
ro
fFr
Q
s
In
U
4
S
D;
rn
x
Inw
w
00
FI
ro
a
a
w
o
In
o
o
we
.c .,
a
e•
01
w"
U
❑�
IVOI
C
i�
M
L
N
B
e
M
H
Y
w N
❑
Q H
a s
In
WF
s�
O v
JJ
O!nD
H0.
O
o:
N
I
On
a
V
h
`]
'-.h
']
U
h
w Q
S' a D:
K U
04
O F
W
] O
-8- 3/14/78
The motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, Nash and
Mayor Heckscher
NOES: None
ABSENT: Councilman McDowell
ACCEPTANCE OF RESIGNATION - COUNCILMAN McDOWELL
' (32) Mayor Heckscher read the following memorandum dated March 13,
1978, from Councilman McDowell submitting his resignation
effective March 14, 1978:
TO: Honorable Mayor and City Council
FROM: Richard McDowell, City Councilman
SUBJECT: Resignation from City Council
Please accept my resignation from my elective office
effective March 14, 1978.
I sincerely congratulate the newly elected members
to the Council and, with equal sincerity, thank
those Councilmembers who are leaving office.
My wish is for harmony within the City and the end
of the polarization which has existed since 1976.
RDM"
It was moved by Councilman Nash, seconded by Councilman
' Sweeney and unanimously carried to accept the resignation
of Mr. McDowell; and, with the consensus of Council,
Mayor Heckscher declared the office vacant.
REMARKS BY RETIRING COUNCIL MEMBERS
(32) Mayor Heckscher and Council Members Nash and Sweeney
expressed their gratitude for having been able to serve
the citizens of San Juan Capistrano the past four years;
noted their appreciation of Staff's assistance and ability;
and cited their thoughts on the accomplishments of the
Council in the last four years.
The City Clerk presented Mayor Heckscher with a gavel
engraved with the dates of his year of service as Mayor.
OATH OF ALLEGIANCE AND PRESENTATION OF
CERTIFICATES OF ELECTION
(40) The City Clerk presided at the meeting and administered
the Oath of Office to Councilmen -elect Hausdorfer,
Schwartze, and Thorpe. Following the Oath of Office,
the City Clerk presented the Certificates of Election,
and the new Council was seated.
' ROLL CALL OF NEWLY -CONSTITUTED COUNCIL
PRESENT: Council Members Friess, Hausdorfer,
Schwartze and Thorpe
ABSENT: None
VACANCY: One
-9- 3/14/78
345
SELECTION OF MAYOR
(32) The City Clerk opened nominations for the office of Mayor.
Councilman Thorpe nominated Councilman Friess to the office
of Mayor. There being no further nominations, nominations
were closed and it was moved by Councilman Schwartze,
seconded by Councilman Thorpe and unanimously carried
that Kenneth E. Friess be elected as Mayor. Mayor Friess
assumed the chair and presided during selection of the
Mayor pro tempore.
SELECTION OF MAYOR PRO TEMPORE
(32) Mayor Friess opened nominations for the office of Mayor
pro tempore. Councilman Schwartze nominated Councilman
Thorpe for the office of Mayor pro tempore. There being
no further nominations, nominations were closed and it
was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried that James F. Thorpe
be elected as Mayor pro tempore.
REMARKS BY COUNCILMEN -ELECT
(32) Councilmen Hausdorfer, Schwartze, and Thorpe expressed
their gratitude to the voters of San Juan Capistrano for
the honor of being elected to serve in the capacity of
City Councilman.
ADJOURNMENT
Councilman Schwartze advised that it was Fiesta Week and noted
that one of the members of the Council was not dressed in the
appropriate Western or Spanish attire. Fiesta Association
Hangman John Buluwan and Sheriff Wes Williams then arrested
Councilmen Hausdorfer and Thorpe for being out of costume
and removed them from the Council Chambers.
Due to lack of a quorum, the meeting was adjourned at 7:25 P.M
to the next regular meeting date of Wednesday, March 15, 1978,
at 7:00 P.M., in the City Council Chambers.
Respectfully submitted,
MARY ANIVHANOVER, CITY CLERK
ATTEST:
KENNETH E. FRIESS, MAYOR
-10- 3/14/78