76-0309_CC_Minutes_Regular Meeting89
SECTION 1. That there were ten (10) voting precincts
established for the purpose of holding said election consisting
of three (3) consolidations of the regulax"elect-igprecincts 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:
Two (2) 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 measure was submitted to the electors of
said City, to wit:
"Proposition A
"In order to provide primary financing for
an open space conservation and agricultural perpetua-
tion program, should the City annually levy a property
tax of 10� per $100 of assessed valuation and a fee on
new construction of $500 per residential unit and
$2000 per acre for commercial, industrial, and insti-
tutional construction? Land shown in the Open Space
and Conservation Element of the General Plan as "Open
Space Areas for Resource Conservation and Production"
shall be eligible for acquisition by the City to
implement the program."
Yes
No
SECTION 4. That at said regular general municipal
election, the following Opinion Questions were submitted to the
electors of said City, to wit:
"Opinion Ouestions
1. The City should undertake a more VOTE FOR ONE
aggressive open space conservation
and agricultural perpetuation pro-
gram than that described in Propo-
sition A. However, the amount of
property tax allocated to the pro-
gram should not exceed the annual
rate of 20Q per $100 of assessed
valuation.
2. The City should implement an open
space conservation and agricul-
tural perpetuation program only
to the extent described in
Proposition A.
3. The City should undertake an open
space conservation and agricul-
tural perpetuation program but
should not levy an annual property
tax for that purpose.
4. The City should not implement an
open space conservation and
agricultural perpetuation program
financed by City funds."
SECTION 5. That the whole number of votes cast in
said City (except absent voter ballots) was 3,793.
That the whole number of absent voter ballots cast in
said City was 54, making a total of 3,847 votes cast in said
City.
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SECTION 6. T' ;1;t``_e names of persons voted for at
said election for of the City Council of said City are
as follows:
follows:
1. Edwin F. Clark
2. Louis A. Conter
3. Cecilia M. Herman
4. Gary L. Hausdorfer
5. Robert J. Davies
6. Kenneth E Friess
7. Richard D. McDowell
8. James K. Weathers
9. Muriel (Minnie) Surles
10. Richard Hamilton (Write-in)
That the measure voted upon at said election is as
"Proposition A
"In order to provide primary financing for an open space
conservation and agricultural perpetuation program, should the
City annually levy a property tax of 10� per $100 of assessed
valuation and a fee on new construction of $500 per residential
unit and $2000 per acre for commercial, industrial, and insti-
tutional construction? Land shown in the Open Space and
Conservation Element of the General Plan as "Open Space Areas
for Resource Conservation and Production" shall be eligible for
acquisition by the City to implement the program."
That the Opinion Questions voted upon at said election
are as follows:
"Opinion Questions
1. The City should undertake a more aggressive open
space conservation and agricultural perpetuation program than
that described in Proposition A. However, the amount of property
tax allocated to the program should not exceed the annual rate of
20� per $100 of assessed valuation.
2. The City should implement an open space conserva-
tion and agricultural perpetuation program only to the extent
described in Proposition A.
3. The City should undertake an open space conserva-
tion and agricultural perpetuation program but should not levy an
annual property tax for that purpose.
4. The City should not implement an open space conser-
vation and agricultural perpetuation program financed by City
funds."
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 measure, and for the Opinion
Ouestions, were as listed in Exhibit "A" attached.
that:
SECTION 7. The City Council does declare and determine
Kenneth E. Friess
was elected as Member of the City Council for the full
term of four (4) years;
Richard D. McDowell
was elected as Member of the City Council for the full
term of four (4) years;
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3/9/76
9
That as a result of said elu'tion, a majority of the
qualified voters voting on the measure reaating to open space
conservation and agricultural perpetuation did not vote in favor
thereof, and that Proposition A was not carried, and shall not be
deemed adopted and ratified;
That as a result of said election, a majority of the
qualified voters voting on the Opinion Ouestions voted in favor
of Opinion Question No. 4.
SECTION 8. 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 measure voted upon;
4. The Opinion Ouestions voted upon;
5. For what office each person was voted for;
6. The number of votes given at each precinct to each
person, and for and against each measure, and for
the Opinion Questions;
7. The number of votes given in the City to each
person, and for and against each measure, and for
the Opinion Questions.
SECTION 9. That the City Clerk shall immediately make
and, upon compliance by the persons elected with the provisions
of Section 11550 and Section 11559 of the Elections Code of the
State of California, shall deliver to each of such persons so
elected a Certificate of Election signed by her and duly authenti-
cated; that she 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 her office. Whereupon, each and all of said persons so
elected shall be inducted into the respective office to which
they have been elected.
SECTION 10. 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 9th day of March,
1976, by the following vote, to wit:
AYES:
NOES:
ABSENT
Councilmen Byrnes, Heckscher, Nash, Sweeney
and Mayor Weathers
None
None
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3/9/76
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EMARKS BY RETIRING COUNCIL MEMBERS
Mayor Weathers expressed his pleasure in serving on the City Council
for the past four years. He noted his enjoyment in working with
members of the community and with the City staff.
Councilman Byrnes also expressed his pleasure in serving the City
and working with members of the community and City staff. He
expressed his hope that the members of the City Council would
cooperate in working together for the benefit of the community.
OATH OF ALLEGIANCE
The City Clerk administered the Oath of Allegiance, as required
by the Constitution of the State of California, to Councilmen -
elect Kenneth E. Friess and Richard D. McDowell. Following the
signing of the Oaths by the elected officials, the Clerk presented
them with their "Certificates of Election."
ROLL CALL OF NEWLY -CONSTITUTED COUNCIL
PRESENT: Councilmen Friess, Heckscher, McDowell,
Nash, and Sweeney
ABSENT: None
SELECTION OF MAYOR
The City Clerk presided and advised that this was the time and
place for the selection of a Mayor for the ensuing year. The
Clerk then called for nominations and Councilman Sweeney placed
in nomination the name of Councilman Nash. There being no further
nominations, it was moved by Councilman Sweeney, seconded by
Councilman Heckscher and unanimously carried that nominations be
closed and that a unanimous ballot be cast for Councilman Nash as
Mayor of the City of San Juan Capistrano for the ensuing year.
SELECTION OF MAYOR PRO TEMPORE
Mayor Nash then presided and called for nominations for a Mayor
pro tempore. Councilman Sweeney placed in nomination the name of
Councilman Yvon O. Heckscher.
Councilman McDowell placed in nomination the name of Councilman
John B. Sweeney. Councilman Sweeney then respectfully declined
the nomination.
There being no further nominations, it was moved by Councilman
Sweeney, seconded by Mayor Nash and unanimously carried that
nominations be closed and that a unanimous ballot be cast for
Councilman Heckscher as Mayor pro tempore of the City of San Juan
Capistrano for the ensuing year.
Mayor Nash offered his best wishes to out -going Council members
Weathers and Byrnes and thanked all of the candidates who ran for
office during the last election.
OF CALIFORNIA CITIES, ORANGE COUNTY DIVISION -
Council received copies of a report dated March 9, 1976, from the
Director of Administrative Services forwarding a description of
five alternative funding proposals for the Orange County Division
of the League of California Cities, as requested by Council at
their meeting of March 3, 1976. Council discussed the five
alternatives for staff funding as set forth in the League letter
dated February 18, 1976, from Arthur J. Holmes.
-6- 3/9/76
94
It was moved by Cour:, s Heckscher, seconded by Councilman
Friess and unan'.;mc- =y carried to support service level Alterna-
tive No. 2, � .., approximate cost to the City of $270 per year,
an,4 -.y P�.ise the Orange County Division of the League of California
iiLies of that support.
BY COUNCILMEN -ELECT FRIESS AND MCDOWELL
Councilman -elect Kenneth E. Friess expressed his thanks to the
many people who worked on his campaign. He commended the citizens
of the community for their civic interest, which resulted in a
61% turn -out of voters.
Councilman -elect Richard D. McDowell expressed his appreciation
to everyone who had supported him and to the other candidates for
office. He noted the honor of being elected to office during the
nation's bicentennial year. Mr. McDowell read his "Position
Paper" for the benefit of those who had voted for him. He then
asked that the City Attorney render an opinion regarding the use
of Legislative Aides by City Councilmen.
APPOINTMENTS TO CITY COMMISSIONS
Council had previously received copies of a memorandum dated
March 9, 1976, from the City Manager reviewing the status of
terms of office of those appointed to serve on the various City
Commissions. Council members will receive copies of the appli-
cations which have been submitted for consideration.
RECESS AND RECONVENE
Council recessed to Executive Session at 7:34 P.M. and reconvened
at 8:05 P.M.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 8:05 P.M. to the next regular meeting date of
Wednesday, March 17, 1976, at 7:00 P.M. in the City Council
Chamber.
APPROVED:
DOUGLAS B. NASH, MAYOR
Respectfully submitted,
MARY AN7 HANOVER, CITY CLERK
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