Loading...
77-0316_CC_Minutes_Regular MeetingMARCH 16, 1977 479 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 Nash at 7:08 P.M. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Father Martin, Old Mission Church. ROLL CALL PRESENT: Douglas B. Nash, Mayor Yvon 0. Heckscher, Mayor pro tem Kenneth E. FrVess, Councilman Richard D. McDowell, Councilman John B. Sweeney, Councilman STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan, Director of Administrative Services/Assistant City Manager; William D. Murphy, Director of Public Works/City Engineer; Thomas G. - Merrell, Director of Planning; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES It was moved by Councilman Sweeney and seconded by Councilman McDowell that the Minutes of the Regular Meeting of March 2, 1977, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher, and Mayor Nash NOES: None ABSENT: None BIDS, CONTRACTS, AGREEMENTS 1. APPROVAL OF CONTRACT FOR A TP L K -N C. RUSSELL COOK COMMUNITY PARk-_(RP6ir'INC.) (62) Council received copies of a report dated March 16, 1977, from Tom Baker, Recreation Coordinator, forwarding a proposed Agree- ment for the preparation of a Master Plan for C. Russell Cook Park. On March 2, 1977, POD, Inc., was selected as consultant for the 3-phase project. The final plan analysis and implementation program is scheduled for presentation to the City Council on September 7, 1977. The total cost of the consultant project is $10,000. It was moved by Councilman McDowell, seconded by Councilman Heckscher and unanimously carried that the contract between -the City and POD; Inc., dated March 16, 1977, be accepted and the Mayor and City Clerk authorized to execute the Agreement on behalf of the City. 2. SERRA - AGREEMENT FOR ACQUISITION OF TREATMENT PLANT. PROJECT COMMITTEE NO. 2 (79) Council received copies of a report dated March 16, 1977, from the Director of Public Works forwarding final transfer doctiments for the release of the City's interest in the SERRA Waste Water Treatment Facility, including a Quitclaim Deed to convey the completed 9 MGD treatment facility to SERRA, Bill of Sale, and Instrument of Conveyance for land leased from the Dana Point Sanitary District. Council discussed the financial implications wherein the City would receive an approximate credit of $100,000 which may be applied to the City's share in Project Committee No. 2. The Director of Public Works advised that the exact amount of the transfer credit has not been resolved and that a final -I- 3/16/77 accounting will be made by Accountant. The transfer the City will continue to an independent Certified Public of the plant is not at issue; act as the operating agent. it was moved by Councilman Sweeney, seconded by Councilman Heckscher and unanimously carried that the Quitclaim Deed and Bill of Sale not be executed by the City at this time. Councilman Heckscher requested that'Staff monitor the negotiations regarding the amount of credit to be applied to the City and report back from time to time. 3. SERRA - AGREEMENT FOR OPERATION AND MAINTENANCE OF TREATMENT PLANT, PROjECT COMMITTEE 2 WAIVER OF PROV16ION (79) Council received copies of a report dated March 16, 1977, from the Director of Public Works advising that SERRA has formed a special committee to investigate contract services for operation and maintenance of the treatment plant. The Agree- ment dated March 3, 1976, between the City and SERRA provides for a 90 -day notice for non -renewal of services; SERRA has requested a waiver of that provision until May 16, 1977, so that alternate proposals for operation and maintenance of the plant may be reviewed. If the waiver is not granted, the City would continue to operate the facility on a year-to-year basis. It was moved by Councilman Sweeney and seconded by Councilman McDowell to grant the 90 -day provision until May 16,'1977. With the concurrence of Council, Mr. Heckscher amended the motion to grant SERRA the 90 -day waiver to May 16, 1977, if the City Council has acted favorably upon the matters addressed in the memorandum dated March 16, 1977, from the Director of Public Works relating to the Quitclaim Deed, Bill of Sale, and Instrument of Conveyance to SERRA. The motion then carried by a unanimous vote. 4. SERRA - TREATMENT PLANT OPERATION AND MAINTENANCE - ­­A�� �� � A� �TT�7�7� O�QM�11 (79) Council received copies of a report dated March 16, 1977, from the Director of Public Works requesting authorization for the purchase of a digester gas purifier to deter corrosion of the .Treatment Plant boiler system. The proposed new filter system will reduce natural gas consumption for an estimated savings of $1300 per month. It was moved by Councilman Heckscher, seconded by Mayor Nash and unanimously carried to authorize the purchase of a multi- purpose gas purification system at a cost of $6,514.64. ORANGE COUNTY SHERIFF'S DEPARTMENT 1. INTRODUCTION OF SUBSTATION COMMANDER (70) Mayor Nash advised that Substation Commander Lt. Jack DeVereaux has been promoted to the position of Captain and will be transferred from service with the City. Mr. Nash expressed his.congratulations and commended the Lieutenant for his efforts on behalf of the City. Lt. DeVereaux then introduced his replacement, Lt. Harry Gage, who has 13 years of experience with the County Sheriff's Department. BIDS, CONTRACTS, AGREEMENTS (CONTINUED) 5. MAJOR IMPROVEMENTS OF STREETS AND SIDEWALKS FINAL REPORT AND NOTICE OF COMPLE7rION f83) Council received copies of a report dated March 16, 1977, from the Director of Public Works advising that the T.J. Crosby -2- 3/16/77 Company of Irvine, California, has completed the project known as Major Improvements of Streets and Sidewalks in accordance with the plans and specifications. Payment status is as follows: Total Project Costs $28,388.06 Less 10% Retention 2,838.81 Total Due to Date 25,549.25 Previous Progress Payment 23,143.64 Final Progress Payment $ 2,405.57 California First Bank will reimburse the City for its portion of the construction in the total amount of $12,133.03. Acceptance of Contract Work: It was moved by Councilmaii-McDowell and seconded by Councilman Sweeney that the following Resolution, being: RESOLUTION NO. 77-3-16-1, COMPLETION OF MAJOR IMPROVEMENTS OF STREETS AND SIDEWALKS - A RESOLUTION OF THE CITY COUNCIL oY-T" CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICA- TIONS FOR THE CONSTRUCTION OF MAJOR IMPROVEMENTS OF STREETS AND SIDEWALKS be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher, and Mayor Nash NOES: None ABSENT: None The Resolution determines that the work has been completed in accordance -with the contract documents, declares the work accepted, directs that a Notice of Completion be filed with the Orange County Recorder within 10 days of the date of acceptance, and determines that the total amount of work performed under the contract is $28,388.06. Release of Final Payment: It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried to direct staff to release final payment to T. J. Crosby Company in the amount of $2,838.81 upon the expiration of 35 days from the filing of the Notice of Completion. 6. CONSTRUCTION OF SEWER LINER AT MISSION VILLAGE CENTER APPROVAL OF PLANS AND SPECIFICATIONS (80) Council received copies of a report dated March 16, 1977, from the Director of Public Works regarding a proposed project to line the existing 101 sanitary sewer pipe in Mission Village Center due to misaligned joints and structural failures to the pre -1930 pipe. The Engineer's estimate for the project is $5,000; funds are allocated in the 1976-77 fiscal budget. It was moved by Councilman Sweeney, seconded by Councilman Reckscher and unanimously carried to approve the plans and specifications for the installation of a sanitary sewer liner at Mission Village Center and to authorize staff to advertise for construction bids. -3- 3/16/77 7. EXTENSION OF AGREEMENT FOR FUTURE INSTALLATION OF STREET IMPROVEMENTS (BARWICK DATSUN AGENCY) (83) Council received copies of a report dated March 16, 1977, from the Director of Public Works advising that the Agreement between the City and the Barwick Datsun�Agency for the future installation of public improvements to Camino Capistrano expires March 31,1977. Mr. Barwick has requested a 3 -year extension to the Agreement pending improvement of adjacent properties. A new improvement bond in the amount of $41,400 is required. It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried to approve the Agreement with Barwick Datsun Agency extending the period for installation of public improvements to March 31, 1980, or until the City requires the improvements to be cons�ructed, whichever occurs sooner. The Mayor is authorized to execute the Agreement on behalf of the City and the City Clerk to attest thereto. PUBLIC HEARINGS 1. GENERAL.PLAN AMENDMENT 77-1, AGRICULTURAL PRESERVATION (46) Council received bopies of the following documentation: Two reports dated March 16, 1977, from the Director of Planning providing background information on General Plan Amendment 77-1 which consists of revisions fo the Composite General Plan Map, the Land Use Element, and the Open Space and Con- servation Element to provide for the preservation of agriculture within 2 separate farmland areas designated as Area I and Area 2 and totaling 230 acres of land; A summary report dated March 2, 1977, prepared by the Agricultural Preservation Committee and entitled "Proposed Incentive Measures for Preserving Agriculture in San Juan Capistrano," and including physical, economic, and estate incentives; The Environmental Impact Report prepared by UltraSystems, Inc. Notice having been given as required by law, Mayor Nash declared the Public Hearing open on the proposed General Plan Amendment 77-1 and inquired if anyone in the audience wished to address the Council. The following persons responded in opposition to the proposed Amendment: 1. Tully Seymour, Attorney at Law, Newport Beach, representing Charles Vermeulen and Shigeru Kinoshita; 2. Randy Williams,.29931 Camino Capistrano; 3. Al Arps, 32802 Valle Road, requested that the report on petitions received with regard to Ordinance 316 be considered at the present time; 4. Marilyn Williams, 29931 Camino Capistrano; 5. Stewart Noble, 32126 Paseo Sanchez; 6. Lou Conter, 32022 Paseo de Hermosa; 7. Bill Bathgate, 29643 Camino Capistrano; 8. Tony Forster, 31312 Guadalupe, representing the Capistrano Business and Property Owners Association. -4- 3/16/77 483 The following persons responded in favor of the proposed Amendment: 1. Jessica Dean, 32742 Alipaz Street, President of the League of Women Voters of the Capistrano Bay Area; 2. Michael Berns, 26921 Canyon Crest; 3. . Bruce Church, 26851 Canyon Crest, President, San Juan Alliance of Homeowners. RECESS AND RLCONVENE Council recessed at 8:45 P.M. and reconvened at 9:10 P.M. CITY CLERK 1. REPORT ON PETITIONS RE ORDINANCE NO.,316, AGRICULTURE PRESERVATION FEE (68) Council received copies of reports dated March 15 and 16, 1977, from the Citv Clerk regarding informal petitions received on February 16 and March 2 in opposition to and in support of Ordinance No. 316 which establishes agri- culture preservation taxes on new residential and commercial development. Pursuant to Council direction, the signatures were verified with the affidavits on file at the Office of the Orange County Registrar of Voters. With a total of 8,037 registered voters in the City as of February 15, 1977, the petitions protesting Ordinance No. 316 contained 1,037 signatures of registered voters, or 12.9%; the petitions in support of Ordinance No. 316 contained 1,101 signatures of registered voters, or 13.7%. Councilman Friess stated that the result of the verification indicates that the petitions are essentially equal, that he supported the concept of Ordinance No. 316 at the time of its passage and that his attitude has not changed; and, that an election at this time would be costly in terms of both funds and emotions. It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried that the City Clerk's reports be received and filed. GENERAL PLAN AMEND;r 7;-Iy A AGRICULTURAL-PRE5E 7jo (46) Council discussion of the proposed General Plan Amendment and Incentive Program ensued. It was moved by Mayor Nash and seconded by Councilman Heckscher to direct staff to prepare a Resolution for Council consideration for adoption of General Plan Amendment 77-1, as recommended by the Planning Commission pursuant to their Resolution No. PC 77-3-15-1, and including the addition of the following incentive measure to the list to be contained in the Open Space and Conservation Element: 1115. Establish a value mechanism (e.g. development right transfer) so that appropriate compensation for the effect of General Plan Amendment 77-1 upon the value of such property will be provided f or. 11 The Resolution is to be presented to Council at the meeting of April 6, 1977. The motion carried by the following vote: AYES: NOES: A13SENT: Councilmen Friess, Heckscher, and Mayor Nash Councilmen Sweeney and McDowell None -5- 3/16/77 it was moved by Councilman Sweeney and seconded by Councilman McDowell that the above motion be amended to include a commitment to place a bond issue to cover the estimated cost for farmland acquisition on the ballot at the earliest possible time but in no event later than August 21, 1977. The motion failed by the following vote: AYES: Councilmen Sweeney and McDowell NOES: Councilmen Friess, Heckscher, and Mayor Nash ABSENT: None ORAL COMMUNICATIONS 1. REQUEST FOR RATE INCREASE TS-TORER CABLE ELEVISION$ INC. (43) Larry Dent, representing Storer Cable Television, addressed the Council regarding the request for a rate increase which appears on the Consent Calendar portion of the Agenda. Mr. Dent requested tha'C the item be scheduled on the Agenda for Council.consideration. Mr. O'Sullivan advised that an amended franchise ordinance will be provided to Storer TV within the next two or three weeks. 2. REQUEST FOR ESTABLISHMENT OF EQUESTRIAN COMMISSION (23) Betty Valenzuela, 26501 Calle San Francisco, member of the Capistrano Valley Horsemen',s Association, addressed the Council in support of establishment of an Equestrian Commission. Richard Zodnik, 26781 Calle Ultima and Victoria Penlan, Via El Rosario, also addressed the Council in favor of a Commission. 3. PETITIONS RE VIA DE AGUA TRAFFIC CONDITIONS (87) Dee Tyler, 26981 Via Banderas, President of the Alto Capistrano .Homeowners Association, adrressed the Council and presented petitions containing 133 signatures in support of the construction of a sidewalk on one side of Via de Agua and a reduction in .the speed limit from 25 MPH to 20 MPH; parking would be limited to one side of the street. Mrs. Tyler requested that the Via de Agua Study Committee be reconvened in order to study the proposal. 4. SETTLEMENT OF LAWSUIT MISSION HILLS RANCH, INC. (35) Jay Willcox, member of the Capistrano Business and Property owners Association, requested that the City issue a statement correcting the news release provided previously regarding the settlement of the lawsuit filed against the City by Mission Hills Ranch, Inc. 5. LANDSCAPING OF SLOPES IN TRACTS (85) Ronald Jenner, 33501 Avenida Calita, addressed the Council and requested that an investigation be made of the slope and common area landscaping conditions in the Meredith Canyon development, including assessments paid by homeowners. The following residents also requested Council consideration of the matter: Jim Bochniarz, 33522 Avenida Calita, and H. P. .Adams, 33512 Avenida Calita. -6- 3/16/77 WRITTEN COMMUNICATIONS '485 1. APPLICATION FOR OFF -SALE BEER & WINE LICENSE - (27) Council received copies of a letter dated February 25, 1977, from Charles Vermeulen, requesting that Council reconsider their action of February 16th in tabling his request for approval of the application for a license to sell beer and wine at the Vermeulen Ranch Market on Del Obispo Street. Councilmen Friess and Heckscher suggested that it would be appropriate to discuss the matter in conjunct4.on with further consideration of General Plan Amendment 77-1, which is scheduled for the meeting of April 6, 1977. It was moved by Councilman McDowell and seconded by Councilman Sweeney that the matter be removed from the table. The motion failed by the following vote: AYES: Councilmen Sweeney and McDowell NOES: Councilmen Friess, Heckscher,.and Mayor Nash ABSENT: None 2. PETITION FOR ESTABLISHMENT OF EQUESTRIAN COMMISSION (EQUESTRIAN SUB -COMMITTEE) (23) Council receiv�d copies of a letter dated March 4, 1977, from Ilse M. Byrnes, Chairman, Equestrian Sub -Committee of the Parks and -Recreation Commission, forwarding petitions con- taining approximately 91 signaures of persons in support of the establishment of a permanent Equestrian Commission in order to facilitate the development of the equestrian system as set forth in the General Plan. Mrs. Byrnes addressed the Council. Council Members suggested that a needs assessment be formulated and that a list of proposed functions of such a Commission be drafted for submission to the Council, including guidelines under which a commission would operate, a draft set of ByLaws, and the amount of staff time which would be required. With the consensus of the Council, Mayor Nash directed that a member of the City Manager's staff meet with committee members and that a report be forthcoming for the Council meeting of April 20, 1977. The Sub -Committee report is to be transmitted through the Parks and Recreation Commission. 3. PETITION -RE VIA DE AGUA TRAFFIC CONDITIONS (ALTO CAPISTRANO HOMEOWNERS ASSOCIATIMENT— (87) Council received copies of a letter dated March 3, 1977, from Dee Tyler, President, Alto Capistrano Homeowners Association, requesting that the City Council take measures to alleviate traffic safety conditions on Via de Agua. Petitions were presented during the Oral Communications portion of the Agenda. With the consensus of the Council, Mayor Nash directed that the proposals contained in the letter and petitions be referred to the Via de Agua Study Committee for recommendation to the Council. The Committee will meet during the coming week. 4. PETITION RE LANDSCAPING OF SLOPES IN TRACTS 8097 AND 8319 (MEREDITH CANYON HOMEO-W—NE-R=SSOCIATION) (85) Council received copies of a letter dated March 7, 1977, from -7- 3/16/77 wig M66 Ronald Jenner, 33501 Avenida Calita, forwarding petitions containing approximately 73 signatures regarding the condition of the landscaping of the slopes and common areas of Tracts 8087 and 8319 in Meredith Canyon. With the consensus of Council, Mayor Nash directed that staff investigate the matter, including the physical condition of the slopes, actions the City could take to alleviate the problems, and a determination of whether or not the approved landscaping plans were properly implemented. Councilman Reckscher noted that landscaping is a problem with many homeowners associations in the City and'that consideration should be given to requiring developers to post bonds to cover such improvements. ORDINANCES 1. DRAFT ORDINANCE RESTRICTING USE OF WATER (94) Council received copies of a report dated March 16, 1977, from the City Clerk forwarding a draft ordinance suggesting guide- lines for the prevention of water waste which was provided by the Municipal Water District of Orange County. It was noved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried that the draft ordinance be referred to the Manager of Orange County Water Works District No. 4 for report to Council at a later date. CONSENT CALENDAR It was moved by Councilman Sweeney and seconded by Councilman Heckscher that the staff recommendations be accepted with regard to all items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Friess, Heckscher, and Mayor Nash NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated March 16, 1977, Warrants Nos. 9278 through 9400, inclusive, in the total amount of $83,983.02 is approved as submitted. - 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF FEBRUARY 28, 1977 (41) The City Treasurer's Report of Investments for the period ending February 28, 1977, is approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of February 28, 1977, is approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF JANUARY 31, 1977 (41).The City Treasurer's Summary Statement of Fund Cash Balances for the 7 -month period ending January 31, 1977, is approved as submitted. -8- 3/16/77 5. REPORT OF PLANNING COMMISSION MEETING OF MARCH 8� 1977 (67) The Report of actions taken by the Planning Commission at their meeting of March 8, 1977, is ordered received and filed. N 6. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF MARCH It 1977 (23) The Report of actions taken bythe Cultural Heritage Commission at its regular meeting of March 1, 1977., is ordered received and filed. 7. CLAIMS AGAINST THE CITY - IBM VS. COUNTY OF ORANGE AND 24 ORANGE COUNTY CITIES, ET AL. (35) The City Attorney is authorized to represent the City in the defense of the lawsuit entitled IBM vs. County of Orange, et al., Superior Court Case No. 242394. 8. �E�QURE�T E�IR RATE ADJUSTMENTS S ER CABLE TELEVISIO7, INC.) (43) Council received copies of a report dated March 16, 1977, from John O'Sullivan forwarding a letter dated February 3, 1977, from Rick Mardock, Manager, Storer Cable TV, Inc., requesting consideration of adjustments to the rates charged for cable television service. Staff is directed to place the requested rate increase on a City Council Agenda after the cable system is rebuilt and a new franchise ordinance is presented. 9. QUITCLAIM OF PORTION OF STREET EASEMENT (BIRTCHER PACIFIC) (91) The Quitclaim Deed requested by Birtcher Pacific for a portion of a perpetual easement and right-of-way for street and highway purposes along the private road extending from 32421 Del Obispo Street is approved and the City Clerk directed.to record the Quitclaim. The easement lies within Lot 7, Tract 318, and the portion in question is ten feet wider than adjacent sections and will not be required by the City. SUBDIVISIONS AND ANNEXATIONS 1. TENTATIVE PARCEL MAP FOR 151VISION OF LAND 77-1 (VEJTASA) (85) Council received copies of a report dated March 16, 1977, from the Director of Planning forwarding the recommendation made by the Planning Commission at its meeting of February 22, 1977, that Division of Land 77-1 be approved subject to certain conditions. The proposal is for a subdivision of approximately 1.45 acres of land located on the northeast corner of Del Obispo Street and Aguacate Road into two ES (Small Estate) lots. Access to the property will be from Aguacate Road. The developer is Eugene Vejtasa, 713 North Peg Street, Ridgecrest, California. It was moved by Councilman'McDowell, seconded by Councilman Sweeney and unanimously carried to approve the Tentative Parcel Map for Division of Land 77-1 subject to the findings and conditions specified in Planning Commission Resolution No. PC 77-2-22-1. CITY ATTORNEY I. RTUEST R BUSINESS LICENSE FOR X %5EUGF07THPUSE6 (THE-S—UN-M-GW) (26) At the request of staff, this item will be scheduled for consideration at the meeting of April 6, 1977. -9- 3/16/77 CITY MANAGER 1. REPORT ON MOTORCYCLE ACTIVITY (ALTO CAPISTRANO AREA) (70) Council received copies of a report dated March 16, 1977, from Loretta A. Murray, Administrative Assistant, regarding complaints received from residents of the Alto Capistrano' area due to motorcycle activity. Lt. Jack DeVereaux made an oral presentation of response by the Sheriff's Department on the weekend of March 5 - 6 during which time several ,riders were cited. The bike operators Are in,violation of the Penal Code for riding on private property, and special enforcement will be provided periodically to control the situation. DIRECTOR OF ADMINISTRATIVE SERVICES/ ASSISTANT CITY MANAGER 1W REPORT ON AUDIT PROPOSALS (22) Council received copies of a report dated March 16, 1977, summarizing audit proposals received on March 8th. With the consensus of the Council, Mayor Nash directed that a staff committee be formed comprised of the City Manager, City Treasurer, and Assistant City Manager to review the 13 proposals received. DIRECTOR OF PLANNIN� 1. REQUEST FOR BUSINESS -RESIDENCE USE AT RIOS ADOBE (DAN AND STETH—E-N-TI—OS) (23) Council received copies of a report dated March 2, 1977, from the Director of Planning forwarding'the request from Stephen Rios for approval of his intention to open a law office at the Rios Adobe. The property is within the Special District zone and'therefore requires Council ap�roval. It was moved by Mayor Nash, seconded by Councilman McDowell and unanimously carried to determine that the request is consistent with the general objectives of the Los Rios Precise Plan program currently being developed and to refer the item to the Planning Commission and the Cultural Heritage Commission for review and recommendation. TRAFFIC AND TRANSPORTATION COMMISSION 1. REQU LOE TRAFFIC CONTROL DEVICES TM—ISESTION GLEN HuMEOWNERS ASSOCIATION) (82) Council received copies of a report dated March 16, 1977, from George Alvarez, Secretary to the Commission, regarding the request of the Mission Glen Homeowners Association for the installation of stop sign and speed control devices. It was moved by Councilman McDowell, seconded by Councilman Sweeney and unanimously carried to approve the request, as follows: Intersection Controla � S;61�ies�nlradero/Calle Belmonte: The installation of Rn at tne nortFapproach to the intersection is approved and the City Engineer directed to install said sign. Establishment of Speed Zone, Calle Arroyo: The establishment of a 25 MPH speed limit is approved; a Resolution amending the existing limit is to be submitted at a later date. _10- 3/16/77 I 2. DETERMINATION OF TRAFFIC SIGNAL FUNDING, DEL OBISPO/ALIPAZ STREETS (82) Council received copies of a report dated March 16, 1977, from George Alvarez, Secretary to the Traffic Commission, regarding alternate methods in which Frank Woolsey, developer of a 172 -unit apartment complex on Alipaz Street, could participate in the cost of traffic control systems. The Traffic Commission has recommended that a signal be installed at the intersection of Del Obispo Street and Alipaz Street with signals coordinated on Del Obispo from Camino Capistrano to Alipaz, and that the developer should bear the entire estimated cost of $65,000, due to traffic which will be generated by his project. It was the consensus of the Council that the developer be requested to advance the entire cost of signalization at an estimated cost of $65,000 and enter 'Into an agreement with the City wherein he would be reimbursed from contributions to be made by future developers whose projects would be serviced by the same intersection, up to an amount equivalent to the difference between $18,280 and $65,000. The sum of $18,280 represents the projected percentage of total increase in intersection traffic volumes which would be generated by the apartment complex. COUNCIL REMARKS 1. SAN JUAN BEAUTIFUL INC. W (61) Mayor Nash commended San Juan Beautiful, Inc., which recently received a Disneyland Community Service Award for the Bicentennial 200 Tree Planting Program. 2. LEAGUE OF CALIFORNIA CITIES (61) Councilman McDowell noted that the Orange County Division of the League will make a determination of whether or not con- .tributions for unemployment insurance should be mandatory, and cited Public Law 94-566. 3. 'LIBRARY SITE (52) Councilman Sweeney noted a memorandum prepared by Pam Hallan, Administrative Aide, concerning a site for the County Library branch. It was the consensus of the Council that the matter be placed on the Agenda of April 6th for Council consideration. CITY COUNCIL RE -ORGANIZATION 1. ELECTION OF MAYOR (32) Mayor Nash expressed his appreciation for the cooperation received during his term as Mayor and for the opportunity of experiencing a rewarding and challenging period in office. The City Clerk called the meeting to order and stated that nominations were open for theOffice of Mayor. Councilman McDowell nominated John Sweeney for the Office of Mayor, and Councilman Sweeney seconded the nomination. Councilman Friess nominated Yvon Heckscher for the Office of Mayor, and Councilman Nash seconded the motion. It was moved by Councilman McDowell, seconded by Councilman Nash and unanimously carried that nominations be closed. It was moved by Councilman McDowell, seconded by Councilman -11- 3/16/77 490 Sweeney to elect John Sweeney as Mayor. The motion failed by the following vote: AYES:, Councilmen Sweeney and McDowell NOES: Councilmen Nash, Friess, and Heckscher ABSENT: None It was moved by Councilman Friess, seconded by Councilman Nash that Yvon Heckscher be elected as Mayor. The motion carried by the following vote: AYES: Councilmen McDowell, Nash, Friess, and Heckscher NOES: Councilman Sweeney ABSENT: None It was moved by Mayor Heckscher, seconded by Councilman McDowell and unanimously carried that the Council commend Doug Nash for his sense of leadership and for his accomplish- ments during his year of mayoralty. 2. ELECTION OF MAYOR PRO TEMPORE (32) Mayor Heckscher assumed the chair and stated that nominations were open for the Office of Mayor pro tpmpore. Councilman Nash nominated Councilman Friess for the Office of Mayor Oro tem and Mayor Heckscher seconded the nomination. It was moved by Councilman Sweeney, seconded by Councilman Nash and unanimously carried that -nominations be closed and that Kenneth Friess be elected as Mayor pro tempore. 3. AUTHORIZATION FOR SIGNATURES OF (41) It was moved by Councilman McDowell and seconded by Mayor Heckscher that the following Resolution, being: RESOLUTION NO. 77-3-16-2, CITY BANK ACCOUNTS - AUTHORIZED SIGNATURES----A—RE-SOLUTION OF THE CI COUNCIL OF THE CITY UF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING DEPOSIT ACCOUNTS WITH THE SAN JUAN CAPISTRANO BRANCHES OF BANK OF AMERICA, CALIFORNIA FIRST BANK, CAPISTRANO NATIONAL BANK, AND SECURITY PACIFIC NATIONAL BANK, AND AUTHORIZING SIGNATURES THEREFOR be adopted. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell, Nash, Friess, and Mayor Heckscher NOES: None ABSENT: None The Resolution authorizes the Mayor, Mayor pro tem, and City Treasurer to draw checks on the City's bank accounts. ADJOURNMENT There being no further business before the Council,. the meeting was -12- 3/16/77 491 adjourned'at 12:07 A.M., March 17, 1977, to the next regular meeting date of Wednesday, April 6, 1977, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, ATTEST: -13- 3/16/77