76-1117_CC_Minutes_Regular Meeting NOVEMBER 17, 1976 365
REGULAR MEETING OF THE CITY COUNCIL OF 171E
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
7:12 P.M. in the City Council Chamber , followed by the Pledge of
Allegiance to the Flag. Invocation was given by Councilman John B.
Sweeney.
ROLL CALL: PRESENT: Douglas B. Nash, Mayor
Yvon 0. Heckscher, Mayor pro tem
Councilman Kenneth E. Friess
Councilman John B. Sweeney
ABSENT: Councilman Richard D. McDowell
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:
Regular Meeting of November 3 , 1976:
It was moved by Councilman Heckscher and seconded by Councilman
Sweeney that the Minutes of the Regular Meeting of November 3 ,
1976; be approved with the following addition to Page 7 : "Proposed
Resolution Establishing an Agricultural Preservation Fund, " insert
the sentence , "Councilman Sweeney noted his opposition to the pro-
posed fund without considering further input from staff and opposed
further discussion without first establishing the source of funds. "
The.motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, Heckscher and
Mayor Nash
NOES: None
ABSENT: Councilman McDowell
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman Heckscher
and unanimously carried that all ordinances be read by title only.
PRESENTATION
(61) CAQ FORNIA ASSOCIATION OF THE PHYSICALLY HANDICAPPED, INC.
Mrs. Ruth Wilson, 32302 Alipaz Street , Quality Controller,
South Orange County Chapter '27, California Association of the
Physically Handicapped, addressed the Council and presented
information on lack of curbs, ramps and Larking within the
City. Mrs . {Milson cited the following locations as presenting
problems for the handicapped: Camino Capistrano, Yorba Street,
El Camino Real, the intersection of Camino Capistrano and the
Ortega Highway , and the post office .
Mayor Nash thanked Mrs . Wilson for making her presentation ,
and Mrs . Wilson expressed her appreciation to the City Council
on behalf of the handicapped and all pedestrians.
With the consensus of the Council , Mayor Nash directed that
staff study the situation and report to Council at: the earliest
possible date , taking into consideration both the existing
deficiencies and remedies, problems in implementing those
remedies , and possible immediate amendmonts to the Land Uso
Management Code , particularly with reference to commercial
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�devolopments . Mrs. Wilson is to be supplied a copy of the report
upon its completion.
BIDS CONTRACTS , AGREEMENTS
1 . EL CAMINO REAL PARK - FINAL REPORT AND NOTICE OF COMPLETION
(62) Council received copies of a report dated November 17 , 1976,
from the Director of Public Works advising that construction
of E1 Camino Real Park has been completed by the contractor,
A. Art Braeger .
Current payment status of this State/County/City project is
as follows:
Total Project Costs $128, 544. 56
Retention for Liquidated Damages
(50 Days) 5, 000. 00 _
Less 107o Retention 12,854 . 48
Retention per Stop Notices 6,174. 73
Previous Progress Payments 102, 707. 26
It was moved by Councilman Sweeney and seconded by Councilman
Friess that the following Resolution, being:
RESOLUTION NO. 76-11-17-1 , COMPLETION OF EL CAMINO
REAL PARK - A RESOLUTION OF TIIE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLAR-
ING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICA-
TIONS FOR THE CONSTRUCTION OF EL CAMINO REAL PARK
be adopted. The motion carried by the following vote :
AYES: Councilmen Sweeney, Friss, Heckscher, and
Mayor Nash
NOES: None
ABSENT: Councilman McDowell
It was moved by Councilman Heckscher , seconded by Councilman
Sweeney and unanimously carried to direct staff to make pay-
ment to A. Art Braeger in the amount of $12, 854. 48 upon the
expiration of thirty-five (35) days from the date of record-
ing of the Notice of Completion; and, to retain the sum of
$6, 174. 73 for further legal action.
2. SERRA PROJECT COMMITTEE NO. 5 -
AGIZ�E 1EN'I` FOR INCLUSI01tiT OF CITY OI SAN CLEMENTE
(79) Council received copies of a report dated November 17, 1976,
from James Thorpe, SERRA representative, forwarding a proposed
Agreement between the City of San Clemente and SERRA for read-
mittance of that City to the South East Regional Reclamation
Authority . The conditions of the Agreement provide that the
City of San Clemente: will not become a participating member
agency with a vote in Project Committee No. 5 until such time
as the ocean outfall is constructed and placed into operation;
and, until the Coai Highway land outfall., Project Committee
No. 10, has been constructed and placed into operation .
Councilman Heckscher suggested that the Agreement be clarified
with the attached exhibits relating to Members investments
and funding of Phases A, 13, and C referenced in the Agreoilieit;
and, with the assurance that San Clemente is obligated to the
same extent as the other P,lembers ill the costs of design and
construction.
it was moved by Councilman Sweeney and seconded by Councilman
Friess to approve the Agreemert in concept betwcon SERRA on
behalf of Project Committee No. 5 and the City of Sail Cleuonte ,
with the condition that the City Attorney make the technical
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367
chanl;,es to the Agvee.meut as sug; ;cs; tcd by Councilman Ilockschcr,
The motion c:u•x•ied by the Coilowing vote;
AYES : Councilmen Sweeney , I'riess , Heckscher, and
Mayor Nash
NOES: None
ABSENT: Councilman McDowell
3, CONTRACT PARK MAINTENANCE FOR JUNIPERO SERRA PARK -
REJECTION OF BIDS
(74) Council received copies of a report dated November 17 , 1976,
from the Director of Public Works advising that the successful
bidder for the maintenance of Junipero Serra Park has failed
to execute the Agreement . It is proposed that a new bidding
process be undertaken with bonding requirements changed to
the amount of annual maintenance costs plus a penalty .fee of
ten percent (10%) .
It was moved by Councilman Friess, seconded by Councilman
Sweeney and unanimously carried to reject all bids and to
authorize the City Engineer to inform contractors of the bid
rejection.
4. RECREATION GAMEMOBILE -- AWARD OF BID
(62) Council received copies of a report dated November 17, 1976,
from the Administrative Services Officer forwarding a compila-
tion of bids received on November 4, 1976, for a van for the
City 's proposed Mobile Recreation Program.
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It was moved by Councilman Heckscher , seconded by Councilman
{ Sweeney and unanimously carried to approve the award of one
Gamemobile to the low qualifying bidder, Hal Green Chevrolet,
in the amount of $4, 639.49 and to reject all other bids
received.
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The Lions Club approved the donation of funds for the cost of
the Gamemobile at their meeting of November 9. Council directed
that staff extend the City 's appreciation to the Lions Club
for their offer.
PUBLIC HEARINGS
1. HOUSING AND COMMUNITY DEVELOPMENT ACT -
THIRD YEAR FUNDING APPLICATION
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(89) Council received copies of a report dated November 17 , 1976,
from the Director of Planning forwarding the recommendation
made at the Planning Commission meeting of October 26, 1976,
that the City participate in the Third Year Urban County Grant
Application for IICDA funds in the amount of $35, 000 which may
be utilized for a rehabilitation program for the Los Rios Area.
j Forwarded along with the application were a Housing Assistance
I Plan which identifies community needs as they relate to low
and moderate income families; an Assurances agreement certify-
ing compliance with Federal rules, regulations, and existing
legislation; and a County/City Cooperation Agreement for
allocation of block grant funds,
Notice having !-n given as required by law, Mayor Nash
declared the Pubi • --wring open on the application for third
year funding under the ,- -sing and Community Development Act
and inquired if anyone in u_ , audience wished to address the
Council. There being no respcn_ - . Mayor Nash closed the Public
Hearing with the right to re-open - t any time.
In response to an inquiry from CounciV n Sweeney, the Direc-
tor of Planning advised that the City is -t committed to the
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,y
36construction of any housing; specific use of the funds will
be determined when an implementation program is prepared.
Councilman Sweeney inquired if FIiA and Flood Plain conditions
have been addressed; the Director of Planning advised that
the consultant' s opinion is that the plans should be completed
first and that the Flood Control District is considering
raising the height of the levee . Mayor Nash requested further
information on any Flood Control plans, since implications
would be community wide.
It was moved by Councilman Sweeney and seconded by Councilman
Friess that the following Resolution, being:
RESOLUTION NO. 76-11-17-2 IICDA - THIRD YEAR PROGRAM
T RESOLUPION OF THE CITY COUNCIL OF TILE CITY' OF SAN
JUAN CAPISTRANO, CALI ORNIA, FOR PARTICIPATION IN
THE THIRD YEAR URBAN COUNTY BLOCK GRANT PROGRAM
1977-78
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney , Friess , Heckscher, and
Mayor Nash
NOES: None
ABSENT: Councilman McDowell
The Resolution approves the Assurances Agreement, the Coopera-
tion Agreement, the Housing Assistance Plan, and the Application
for third year funding.
ORAL COMIIUNICATI0NS
1. REQUEST OF EL CAMINO FORD FOR
GENERAL PLAN AMENDMENT 76-2
(46) Mr. L. S. Lever, 32302 Alipaz Street, addressed the Council in
support of the location of a Ford auto dealership in the City
and stated that noise generated by an auto agency would be
one-half of that jenerated by the railroad and the freeway.
2. 4-H CLUB LEASE OF CITY PROPERTY
(73) Craig Naylor, 25211 Yacht Drive, Dana Point, addressed the
Council regarding a misunderstanding regarding the location of
the security fence around the 4-11 Club animal husbandry instal-
lation on City property .
Mayer Nash su;;gested that Mr. Naylor meet with the Director of
F Public Works and City Manager for. clarification.
3. EL CX,-TINO REAL PARK - 4:-11 CLUB BEAUTIFICATION PROJECT
(62) Miss Marcelle Scott, 26546 Calle San Luis , and Mrs . Gillian
Cannon, 4-11 Club leader, addressed the Council regarding the
flowers planted at E1 Camino Real Park by the 4-H Club. They
cited irrigation problems and stated that the contractor
destroyed many of the plants.
Mayor Nash directed that the Direetox of public WOrks investi-
gate the problem.
4. fi19EF�PING OF BIKE TRAILS
(62) Dale Chapman, 26922 Canyon Crest, addressed the Council to
request that bicycle lanes in the Cii:y be swept.
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5 . REQUEST OF EL CAAIINO FORD FOR 369
GENLit111. PLAN t1M :Nll1I-1,_N 7G-2
(46) Council received copies of a letter dated November 5, 1976,
from Davie] B. Sweeney , President, El Camino Ford, requesting
re-opening of the Public Hearing on General Plan Amendment
76-2. Air. Sweeney addressed the council to state their intent
to build on the 6-acre Swanner property and not the entire
14-acre parcel .
6. ZONING FOR RETAIL DSO-PED BUSINESS
(95) Air. LeRoy Wortman , Box 829, Dana Point , addressed the Council
and presented copies of a letter dated November 17 , 1976,
regarding a permit for the location of a Mo-ped business in
Sycamore Plaza on Paseo Adclanto. Alayor Nash noted that the
question appears to be the interpretation of whether a Mo-ped
is a motorcycle and whether the location of this type of
store is allowable under the Land Use Management Code, and
suggested that Air. Wortman discuss the matter with the Direc-
tor of Planning.
7. REQUEST OF EL CAMINO FORD FOR
GENERAL PLAN AAIENDAIENT 76-2
(46) Michael Berns, 26921 Canyon Crest, addressed the Council in
opposition to any further Council consideration of the above-
entitled matter in its current format.
S. SEWER SERVICE CHARGES/LEASE OF TREATMENT PLANT CAPACITY
(80) Stewart Noble, 32126 Paseo Sanchez, Chairman, Saddleback
Capistrano Homeowners Association, addressed the Council
regarding the recent increase in sewer service charges to
$4. 50 per month. The Director of Administrative Services
advised that the City has been experiencing an operating
deficit in conjunction with the treatment plant and the
increase in charges reflects the direct costs for sewage
treatment; the fees are deposited in the sewer maintenance
fund.
With regard to the recent lease of sewer treatment plant
capacity to the Santa Margarita Water District, Air. Noble
requested that residents receive a statement setting forth
the expected income and proposed use of the funds. Mayor
Nash concurred that the matter should be addressed, and
Councilman Sweeney suggested that information be included
in the next water bill or newsletter. It was the consensus
of the Council that the City Manager be directed to draft
a statement to be sent to residents explaining the lease
of a portion of the City' s treatment plant capacity to the
Santa Margarita Water District.
Ginger Coff, Coordinated Management Services, 31141 Via Santo
Tomas , also addressed the Council regarding the increase in
sewer service charges and requested an explanation of why
mobile home charges were not increased. Alayor Nash directed
that this information also be included with the statement
to be issued to the residents.
Bruce Church , 26851 Canyon Crest , commended the Council for
the thoroul;liness of City action with regard to the lease of
(46) the treatmeut plant capacity . Air . Church also spoke in oppo-
sition to any re-consideration of the location of an auto
dealership on the Su,anner property .
RECESS AND RECONVENE
Council recessed at 8 ; 56 P.AI. and reconvened at 9: 15 P.M.
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3RLUTIONS
1 . PREVAILING WAGE RATES
(74) Council received copies of a report dated November 17 , 1976,
from the City Clerk Corwarding a proposed Resolution establish-
ing prevailing wage rates by classification for contracts
covering construction of municipal facilities.
It was moved by Councilman Sweeney and seconded by Councilman
Heckscher that the following Resolution, being:
RESOLUTION NO. 76-11-17-3 , PREVAILING WAGE RATES -
A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANC , CALIFORNIA, ESTABLISHING
PREVAILING WAGE RATES BY CLASSIFICATION FOR ALL
CRAFTS NEEDED TO PERFORM CONTRACTS COVERING CON-
STRUCTION OF MUNICIPAL FACILITIES AND REPEALING _
ANY AND ALL RESOLUTIONS IN CONFLICT HEREWITH,
be adopted. The motion carried by the following vote:
AYES : Councilmen Sweeney, Friess , Heckscher, and
Mayor Nash
NOES: None
ABSENT: Councilman McDowell
The City Clerk is directed to publish the Resolution and for- .
ward a copy to the State Director of Industrial Relations , The
Resolution will be referred to in the City 's bid documents.
Z. DISSOLUTION OF TIIE SAN JUAN CAPISTRANO IIIGHWAY
LIGHTING DISTRICT
(53) Council received copies of a report dated November 17, 1976,
from Loretta Murray, Administrative Assistant, forwarding a
Resolution proposing the dissolution of the San Juan Capis-
trano Highway Lighting District. The District includes the
downtown commercial area plus some residential area .
Councilman Heckscher clarified that there is presently no
double tax situation in the area of the District and suggested
that upon dissolution of the existing District, the City
should identify boundaries and create a Commercial District
for those receiving the benefits of commercial lighting.
It was moved by Councilman Heckscher and seconded by Mayor
Nash that the following Resolution, being:
RESOLUTION NO, 76-11-17-47 DISSOLUTION OF HIGHWAY
LIGHTING DISTRICT - A RESOLUI`ION OF THE CITY COUNCIL
OF THE CI'T'Y OF SAN JUAN CAPISTRANO, CALIFORNIA ,
REQUESTING DISSOLUTION OF THE SAN JUAN CAPISTRANO
HIGIIWAY LIGHTING DISTRICT -
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney , Friess , Heckscher and
Mayor Nash
NOES: None
ABSENT: Councilman McDowell
The City Clerk is directed to file copies of the Resolution
with the State Board of Equalization , the Board of Supervisors,
and the Assessor of Orange County . The San Diego Gas & Electric
Company is also to be notified of the dissolution.
Itwas the consensus; of the Council that Staff report- to the
Council at a later date on the viability of forming a special.
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371
d0trict in the commercial area of the City , redefining the
district boundaries as necessary ,
CONS1111111T CmIE-NDAR
Councilman Sweeney noted WarranL No. 8599 , payable to Xerox Cor-
poration, and suggested Lighter control over the machine 's use;
a ud,
Warvaut No. 8521, payable to Stephen Coo" tz , and requested
receipt of a breakdown on Jegal expenses . Councilman FrLoss noted
Warrant No. 8323 , payable to D. W. Contracting, and the Director
of Public Works advised that the San Juan Crock Rost Stop project
is on schedule.
It was moved by Councilman Heckscher and seconded by Councilman
Sweeney 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, Friess, Heckscher, and
Mayor Nash
NOES: None
ABSENT: Councilman McDowell
1. APPROVAL OF WARRANTS
(41) The List of Demands dated November 17, 1976, Warrants Nos.
8489 through 8603, inclusive, and 1911 Act Account Warrant
No. 0188, in the total amount of $129, 676. 25 is approved as
submitted.
2 . CITY TREASURER'S REPORT OF INVESTMENTS AS OF 10/31/76
(41) The City Treasurer 's Report of Investments as of October 31,
1976, is approved as submitted.
3 . CITY TREASURER'S REPORT OF BOND DELINQUENCIES AS OF 10/31/76
(41) The City Treasurer ' s Report of 1911 Act Bond Delinquencies
as of October 31, 1976, is approved as submitted.
4. REPORT OF PLANNING COMMISSION MEETING OF 11/9/76
(67) The Report of actions taken by the Planning Commission at its
regular meeting of November 9, 1976, is ordered received and
filed.
SUBDIVISIONS AND ANNEXATIONS
1. REQUEST FOR DE-ANNEXATION,
TENTATIVE TRACT 8495 (TI IS)
(21) Council received copies of a report dated November 17, 1976,
from the Director of Public Works regarding the request for
de-annexation of Tentative Tract 8495 submitted by the
property owner, Mr. Thais , as directed by Council on October
20, 1976 . The property is located at the south City limits in ,
the vicinity of Alto Capistrano in an area that would require
unusual measures to provide normal municipal services such as
water, drainage , sewer , and public safety .
The Director of Public Works proposes that a joint study with
the City of San Clemente be undertaken to consider services,
property lines , ridgeline and potential for future develop-
ment along the entire common boundary between the two cities.
Councilman Heckscher verified that the joint study would be
on a low priority basis of City staff time; the Director of
Public Works advised that the study would take from four to
six months.
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372 It was moved by Councilman Sweeney , seconded by Councilman
Heckscher to di.rect the City Engineer to in Corm the Ci- ty OF
San Clemente that the City of San Juan Capistrano approves
of the de-annexation of Tentative 'Tract 3495 (Thais) ; further
direct the City Engineer to request that a joint study be
conducted of the entire common boundary between San Clemente
and San Juan Capistrano and that the approved de-annexation
be incorporated into a possible wholesale annexation,
de-annexation project.
2. PARCEL MAP FOR DIVISION OF LAND 76-1 (SWEENEY)
Councilman Sweeney , as a property owner , stepped down from the dais.
(35) Council received copies of a report dated November 17 , 1976,
from the Director of Public Works advising that the Parcel
Map for Division of Land 76-1 has been reviewed and found
acceptable for approval and recordation. Plan check, drain-
age, and park and recreation in-lieu fees have been paid;
the proposed private sewer system requires no payment of fees;
all conditions imposed by the Planning Commission have been met.
Copies of a Declaration of Restrictions regarding television
antennas , an Agreement Relating to the Postponement of Require-
ment to Install Public Improvements (public street) , and an
Agreement Relating to the Postponement of Requirement to
Install Public Improvements (sanitary sewer) were included
with the Report.
Councilman Friess suggested that more clear information be
provided to property owners and possible future buyers with
regard to the impli-cations of the City re.,uiring future
public improvements and/or assessment districts. The Director
of Public Works suggested that the word "developer" in the
Agreements be changed to "property owner" .
Councilman Heckscher suggested the inclusion of the following
wording in the agreements relating to street improvements and
sewer improvements :
"`WARNING: The City may require the construction of
public improvements , and the developer or
his heirs , successors, or assigns will be
at that: time required to participate in
the costs. "
l
Mayor Nash advised that although he is opposed to this type
of lot split, he would support the staff recommendation on
the basis that it is solely an administrative process .
It was moved by Councilman Ile.ckscher at:ci seconded by Mayor
1 Nash to approve the Parcel Map for Division of Laud 76-1
(Sweeney) determining that: said map is consistent with the
!h General flan and in substantial compliance with the approved
Tentative parcel Map for Division of Land 7i;-1, approve the
Agreements ^ it.h the inclusion of the above warning, and
authorize the Mayor to sign on behalf of the City ; receive
the Declaration of Restrictions; authorize staff to make the
I� necessary certifications on the original Parcel Map and for-
ward the map and other documents to the County for recordation.
The motion carried by the following vote:
AYES: Councilmen Hecl;scher and Mayor Nash
NOES: Coll nei-Lnan Friess
ABSENT: Councilmen Swcicney and McDowell
Council„rnn Fries stated that his vote is in the negative
since lir_ is not couv,inced that the la'cpo),ty is physically
sui.tchlc for t':x: proposed do;vel op;;.gni „i t:heut .. pubIic 1,,114
t-ary
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3 . P!\liCh;I, MAP 1"01t DIVOi�' LAND "IG--;? e3
(85) Council received cnpie>; oC :1 report dated November 17 , 1976
from the Director of public Works advisin;' that the .Parcel
Map for Division oC Land , 6-2 has ween reviewed and found
acceptable fee approval and recordation. Plan check, drain-
age, and park and recreation in-lieu fees have been paid;
the proposed privaie sewer system requires no payment of
feeS; all conditions imposed by the Planning- Commission
have been met.
Copies of a Declaration of Restrictions regarding television
antennas, an Agreement Relating to the Postponement. of Require-
ment to Install Public Improvements (public street) , and an
Agreement Relating to the Postponement of Requirement to
Install Public Improvements (sanitary sewer) were included
with the Report.
Council directed that the following wording be included in
the agreements relating to street improvements and sewer
improvements :
"WARNING: The City may require the construction of
public improvements, and the developer or
his heirs, successors, or assigns will be
at that time required to participate in
the costs. "
Mayor Nash advised that although he is opposed to this type
of lot split, he would support the staff recommendation on
the basis that it is solely an administrative process.
It was moved by Councilman Heckscher and seconded by Mayor
Nash to approve the Parcel Map for Division of Land 76-2
(Sweeney/;McCabe) determining that said map is consistent
with the General Plan and in substantial compliance with
the approved Tentative Parcel Map for Division of Land 76-2;
approve the Agreements with the inclusion of the above warn-
ing and authorize the Mayor to sign on behalf of the City;
receive the Declaration of Restrictions ; authorize Staff to
make the necessary certifications on the original Parcel Map
and forward the map and other documents to the County for
recordation. The motion carried by the following vote:
AYES: Councilman Heckscher and Mayor Nash
NOES: Councilman Friess
ABSENT: Councilmen Sweeney and McDowell
Councilman Friess stated that his vote is in the negative
since he is not convinced that the property is physically
suitable for the proposed development without a public sani-
tary sewer system.
4. PARCEL MAP FOR DIVISION OF LAND 76-3 (COASTAL DEVELOPERS)
(85) Council received copies of a report dated November 17, 1976,
from the Director of Public works advising that the Parcel
Map for Division of Land 76-3 ha: been reviewed and found
acceptable for approval and recordation. Plan check, drain-
age, and park and recreation in-lieu fees have been paid;
the proposed private sewer system requires no payment of
fees ; all conditions imposed by the Planning Commission
have been met.
Copies of a Declaration of Restrictions regarding television
antennas , an Agreement Relating to the Postponement of Require-
ments to .Install public Improvements (public street) , and an
Agreement Relating to the Postponement of Requirement to
Install Public Improvements (sanitary sewer) were included
with the report.
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3 7 4 Council directed that the following wording be included in
the agreements relating to street improvements and sewer
improvements :
"WARNING: The City may require the construction of
public improvements , and the developer or
his heirs, successors , or assigns will be
at that time required to participate in
the costs. "
Mayor Nash advised that although he is opposed to this type
of lot split, he would support the staff reconriendation on
the basis that it is solely an administrative process.
It was moved by Council.,iau Heckscher and seconded by Mayor
Nash to approve the Parcel Map for Division of Land 76-3
(Coastal Developers) determining that said map is consistent
with the General Plan and in substantial compliance with
the approved Tentative Parcel Map for Division of Land 76-3 ;
approve the Agreements with the inclusion of the above warn-
ing and authorize the Mayor to sign on behalf of the City ;
receive the Declaration of Restrictions ; authorize Staff to
make the necessary certifications on the original Parcel Map
and forward the map and other documents to the County for
recordation. The motion carried by the following vote:
AYES: Councilman Heckscher and Mayor Nash
NOES: Councilman Friess
ABSENT: Councilmen Sweeney and McDowell
Councilman Friess stated that his vote is in the negative
since he is not convinced that the pro,.erty is physically
suitable for the proposed development without a public sani-
tary sewer system.
Councilman Sweeney returned to the dais .
ADMINISTRATIVE ITEMS
DIRECTOR OF ADMINISTRATIVE SERVICES/
ASSISTANT CITY MANAGER
1. CAPISTRANO INDIAN COUNCIL - REQUEST FOR FUNDING
(61) Council received copies of a report dated November 17 , 1976,
from Mr. O' Sullivan forwarding a letter from the Capistrano
Indian Council dated November 5, 1976, requesting a temporary
loan of funds from the City for the purchase of office equip-
ment . The Council is establishing an office at 32141-B Alipaz
Street as of November 8 , 1976 . City staff recommends that the
Suri of $600 would be app opriat.e.
It. was moved by Councilman Heckscher , seconded by Councilman
Sweeney and unanimously carried to grant the request for a
loan to purchase office equipment and to direct the City
Attorney to prepare an appropriate loan agreement between the
City and the Capistrano Indian Council ; the City Manager is
authorized to execute the Agreement on behalf of the City and
I
to determine repayment terms.
k DIRECTOR OF PUBLIC PiORRS/CITY ENGINEhR
1. STREET LIGHT STUDY
(53) Council received copies of a report dated November 17, 1.976 ,
froaz the Director of Public Works forwardinga draft Street
Light Study for Council review. Tho Study is to be i.nclucied
in a future amendment to 111c' Imnd Use Manaf;,emgnt Code.
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3 '75
Mayor Nash noted hir; couceru with the types of i.l.luuiivation
deviev , and :;peciri.cally sodium vapor li.glits , and sug;;ested
that a positive photometvic description of white light be
included in the standavdr; . Mayor Nash suggested that energy
conservation be accomplished by limiting the number and inten-
;ity of street l.i,,hts . Alayor Nasi also inquired into the status
of tice report on particular street liglits in the City which
could be 'turned of.f , and the Director of Public Plonks advised
that the report should be forthcoming at the nest Council
utccCing.
Councilman HeckScher suggested that a schedule for conforming
to the .li ;lit. standards, either by attrition or abatement , be
addressed .
Councilman Sweeney requested information from Lt . DeVereaus
oC the Sheriff ' s Department regarding the effect of street
lighting on crime rates.
Council commended the Public Works staff for the compilation
of the report.
It was moved by Mayor Nash, seconded by Councilman Heckscher
and unanimously carried to approve the draft Street Light
Standard with the inclusion of the additions discussed by
Council , and to direct staff to include the draft in the pro-
posed revisions of the Land Use Management Code with the
understanding that revisions to the standard may occur prior
to formal adoption.
TRAFFIC AND TRANSPORTATION COMMISSION
1. SUBDIVISION ACCESS POLICY
(87) Council received copies of a report dated November 17, 1976,
from George Alvarez, Secretary of the Commission, forwarding
a proposed amendment to the Land Use Management Code entitled
"Subdivision Access Policy" . The policy will require each
subdivision to implement dual access and includes definitions
for street classifications , access to subdivisions , and pro-
visions for regulating the control of arterial intersections.
Councilman lleckscher suggested that Paragraph No. 3 , Page 2,
"Access to Subdivisions" be amended to read, "Dual access to
all tracts may be . . . " rather than . . shall be . . . ".
Mayor Nash questioned the use of the word "tracts" in relation
to divisions of laud and requested the Commission to address
the fact that the division of land process can effectively
accomplish the same result as a subdivision or tract over
a given period of time.
With the consensus of the Council, Mayor Nash directed that
the Subdivision Access Policy be returned to the Traffic and
Transportation Commission with Council comments.
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COUNCIL REIMARKS
1. PROPOSED CITY NEWSLETTER
(32) Councilman Friess advised that he had been contacted by Mr.
and Mrs . St. Jean and Air. and Airs . Gomez, of the Mission Bell
Ranch area , with a proposal that they compile a City newsletter
to provide answers to citizen questions ; Air . Gomez would be
willing to do a Spanish translation. Mr. Friess suggested it
would be appropriate to pay $50 per person per month and fur-
ther suggested that three editions be produced and evaluated.
Air. Friess noted that the intent is to use City equipment for
typing and duplicating; that there would be no commercial
advertising and no justification of City positions , just
straight news coverage.
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3 The City Manager cited some possible problem areas with
newsletters and suggested that completed drafts be sub-
mitted for Council approval. Mr. Mocalis also cited pos-
sible administrative problems with use of City equipment
and scheduling and noted that City offices are not equip-
ped with extra desks or typewriters; it would be preferable
if completed draft material were submitted to City staff
for ultimate preparation.
Councilman Ileckscher noted that unless the newsletter is
carefully edited and limited to the point of being antisep-
tic, present and future controversy will be created.
It was moved by Councilman Friess , seconded by Mayor Nash
and unanimously carried that an initial copy of a newsletter
be produced for distribution about December 1 , the initial
copy to be reviewed by Council prior to that time; that
costs be designated in terms of bulls mailing for the first
issue , and that preparation costs of $3 . 00 per hour be
authorized.
Mr . St . Jean addressed the Council and advised that no con-
troversial information would be included in the newsletter ,
just citizen information; interviews of City employees are
also planned.
2. GENERAL PLAN AMENDMENT 76-2C FOR
AUTO DEALERSHIP SwANNER PROPERTY)
(46) Councilman Ileckscher referred to the letter dated November
5, 1976, from David H. Sweeney , President of El Camino Ford,
requesting that General Plan Amendment 76-2C be reconsidered
due to possible misunderstanding of the scope of the amend-
ment. Mr . Ileckscher stated that if there was a misunderstand-
ing of the basis on which members of the Council reached
their decision he would wish to receive a report from staff;
and, if significant facts are shown to be erroneous and
some members had the impression they were considering a dif-
ferent amount of acreage than actually applied for. , the
entire matter should be reconsidered.
Councilman Friess stated that he had no misunderstanding
about the number of acres involved.
f Mayor Nash stated that the issue was not the amount of acre-
age, but the proposed land use in the particular area .
The Director of Planning advised that the original applica-
tion was for a change in land use designation for 1.4 acres
and that the request was subsequently reduced to 6 acres.
Councilman Ileckscher requested receipt of complete data with
regard to David Sweeney 's letter. The Director of Planuing
will supply the information.
Councilman Sweeney noted that a family recreation center is
proposed for property at the Marguerite Parkway freeway turn-
off near the City boundary and that proposed use would prob-
ably eliminate recreation use of the Swanner property .
3 . CIVIC CENTER COMMITTEE
(34) Councilman Sweeney requested receipt of information requested
by the Civic Center Comiuittee in September including method
of acquisition of the higkh school site by the School District .
amount of purchase price , mi.nimuri amount tho District would
have to accept for the property by State law, acid a deter
-
mivation of footage in the school building.
I
EXECUTIVE' SESSION
Council recessed to Executive See: i_on for di ,,;c:�ission o1: a personnel
matter at 11 :18 1),M, , the City Clerk being excused therefrom, and
reconvened at 11:32 P,M.
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3 '7 "7
PEMS'ONNEL - AUTHORUZATT04 TO FILL ACCOUNT'AN'T 1>0 3ITION
(66) It was moved by Councilman heck :cher , seconded by Councilman
Sweeney and unanimously carried to approve the hiring of
Robert Boone to till the position of Accountant at Range 26,
Step 4, $1 ,310 per month, effective Decomber 1 , 1976.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 11 :33 P.M . to the nest regular meeting state of
1"oduesday, December 1 , 1976 , at 7 : 00 P.M. in the City Council
Chamber.
Respectfully submitted,
Mary Au Hanover
City Clerk
Attest :
DO 'ilI.�i5 B. 1SH, Pdayor
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