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
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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:
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