79-0307_CC_Minutes_Regular MeetingMARCH 7, 1979
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 Friess at
7:02 P.M., in the City Council Chamber, followed by the Pledge of
' Allegiance to the Flag. Invocation was given by Mayor Friess.
ROLL CALL PRESENT: Kenneth E. Friess, Mayor
Lawrence F. Buchheim, Councilman
Gary L. Hausdorfer, Councilman
Phillip R. Schwartze, Councilman
ABSENT: James F. Thorpe, Mayor pro tem
STAFF PRESENT: James S. Mocalis, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works/City Engineer;
Raymundo Becerra, Acting Director of Community Planning and
Development; James S. Okazaki, City Attorney; Mary Ann Hanover,
City Clerk.
MINUTES
Regular Meeting of February 21, 1979:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze that the Minutes of the Regular Meeting of February 21,
1979, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
' and Mayor Friess
NOES: None
ABSENT: Councilman Thorpe
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Thorpe
PRESENTATIONS AND COMMENDATIONS
1. DONATION TO SAN JUAN CAPISTRANO LIBRARY FUND
HUG-TISHMAN REALTY)
' (52) Mrs. Pat Hug of the Hug -Tishman Realty Company, addressed
the Council and presented the sum of $260 as a donation to
the San Juan Capistrano Library Fund. The funds were collected
during the grand opening of the firm on March 6th which featured
fashion designer Mr. Blackwell. Mrs. Hug advised that a
fund-raising fashion show is planned for September and that
their goal is to collect $3,500 for the Library.
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MA A
2.
Mayor Friess expressed the City's appreciation and noted
that this event demonstrates the community's interest in
completing the proposed new branch library project.
PROCLAMATION - FIESTA
NAS
ESTA ASSOCIATI
(71) Mayor Friess read in full the Proclamation designating the
(61) week of March 17 through 24, 1979, as the Fiesta de las
Golondrinas and urged all residents and visitors to join
in celebrating the annual return of the swallows.
ORAL COMMUNICATIONS
1. TRAFFIC - DEL OBISPO STREET/ALIPAZ STREET
(87) Angela Bailey, San Juan Mobile Estates, noted traffic speeds
on Alipaz Street and difficulties with executing right turns
onto Del Obispo, pedestrian right-of-way, and view obstruction
from trees. Mrs. Bailey suggested that the intersection be
a 4 -way stop until the traffic signal is installed. The
Director of Public Works advised that the award of bid for
the signal is scheduled for the next Council meeting, with
project completion within 120-150 days thereafter. Mayor
Friess requested that the Traffic and Transportation Commission
respond to Mrs. Bailey's concerns and also consider restriping
of the intersection. Councilman Buchheim will contact the
property owner regarding possible trimming of the trees.
Mrs. Bailey also suggested that owners be required to dispose
of any litter in public streets and sidewalks caused by
their animals.
2. COMMISSION REPRESENTATION
(23) Jerry Kaufman, Member of the Traffic and Transportation
Commission, advised that he was present to answer any
questions with regard to recommendations made to Council.
WRITTEN COMMUNICATIONS
1. PETITION FOR CLOSURE OF ACCESS AT CALLE SAN REMO
(SAN JUAN TERRACE)
(72) With the concurrence of Council, Mayor Friess referred the
(87) petition signed by approximately 130 residents of San Juan
Terrace to the Traffic and Transportation Commission for
recommendation. The petition was submitted by Mrs. Colleen
Whiat, 27871 Calle San Remo, and reads as follows:
"We, the residents of San Juan Terraces, declare that
through -traffic from San Juan Creek Road by way of
Camino Santo Domingo, Via Madonna, and Calle San Remo
to the Los Corrales development is dangerous to the
lives of children, adults, and pets, is deteriorating
the quality of streets, creates noise pollution, and
is a great general nuisance. We, therefore, urgently
request that the access to Los Corrales at the peak
of Calle San Remo be permanently closed."
2. REQUEST FOR COMMITMENT TO IMPLEMENT 208 WASTE
TREATMENT MANAGEMENT PLAN (SCAG)
(61) Council received copies of a memorandum dated February 13, 1979,
from the Southern California Association of Governments
requesting that the City adopt a resolution of intent to
maintain current programs of street sweeping, litter control
and storm drain cleaning.
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245
With the concurrence of Council, Mayor Friess referred the
request to staff for report.
3. REQUEST FOR DECREASE IN SETBACK REQUIREMENTS
TRACT 9284 (KING)
(85) Council received copies of a letter dated February 14, 1979,
from Chuck King, 26872 Calle Hermosa, Capistrano Beach,
requesting approval of a 25 -foot rear setback for Lots 1,
2, 3, and 22 of Tract 9284.
With the concurrence of Council, Mayor Friess referred the
request to the Planning Commission for review.
4. REQUEST FOR FINANCIAL SUPPORT FOR LEGAL CHALLENGE TO
FEES AND TAXES PAID BY CITIES (CITY OF ARCADIA)
(35) Council received copies of a letter dated February 16, 1979,
from David E. Parry, Mayor, City of Arcadia, requesting
financial support for legal defense to a lawsuit filed by
Paul Gann which challenges the rights of cities to impose
fees and taxes. A contribution schedule was also received.
Approval of Request:
Councilman Buchheim noted that the sum of $100 should be
sufficient.
It was moved by Councilman Hausdorfer and seconded by
Councilman Schwartze to authorize the payment of $150.00
to the City of Arcadia for legal support with regard to
litigation challenging fees and taxes adopted by that City,
since the litigation will affect all cities adopting such
fees and taxes since June 6, 1978. The motion carried by the
following vote:
AYES: Councilman Hausdorfer, Schwartze and
Mayor Friess
NOES: Councilman Buchheim
ABSENT: Councilman Thorpe
5. RENEWAL OF REQUEST FOR GENERAL PLAN AMENDMENT (FALKLAM)
(46) Council received copies of a letter received February 21,
1979, from Harry Falklam, 32151 Del Obispo Street, renewing
his request for a General Plan Amendment to allow 12 dwelling
units on 3-1/2 acres of land off Del Obispo Street.
With the concurrence of Council, Mayor Friess directed that
the request be referred to the Planning Commission for
recommendation.
6. REQUEST FOR SUPPORT OF LEGISLATION TO
PROGRAM OF At1TO FMTSRTnM TN9PRCT7nM -
f:1
(51) Council received copies of a letter dated February 26, 1979,
(61) from the Southern California Association of Governments
requesting support of Senate Bill 84, which would grant
authority to implement a program to annually inspect vehicles
for levels of emissions, as adopted by the Air Quality
Management Plan.
With the concurrence of Council, Mayor Friess directed that
the letter be received and filed.
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PUBLIC HEARINGS
1. APPEAL OF CONDITIONS OF APPROVAL, A.C. 78-9 -
CONTINUATION (HOME FEDERAL SAVINGS AND LOAN)
(68) With the concurrence of Council, Mayor Friess directed that
the Public Hearing be continued to the meeting of March 21,
1979, pursuant to the letter dated February 26th from Thomas 0.
Fincher, Assistant Vice President, Design Manager, Home Federal
Savings and Loan Association.
2. LOT LINE ADJUSTMENT, LOTS NOS. I AND 31, TRACT 6381,
FOR CUP 78-7 (FREDRICKS/MISSION HILLS EQUESTRIAN CENTER
(85) Proposal:
(39) A lot line adjustment between Lots I and 31 of Tract 6381 in
conjunction with Conditional Use Permit 78-7, Mission Hills
Equestrian Center.
Applicant:
Fredricks Development Corporation, 18 Brookhollow Drive,
Santa Ana 92705.
Written Communications:
Report dated March 7, 1979, from the Director of Community
Planning and Development forwarding the recommendation of
approval made by the Planning Commission at their meeting
of February 13, 1979.
Public Hearing:
Notice having been given as required by law, Mayor Friess
opened the Public Hearing and the following persons responded:
(1) Wade Cable, representing Fredricks Development,
advised that he was present to answer any questions,
and requested Council approval of the proposal.
There being no further response, Mayor Friess declared the
Hearing closed.
Approval of Lot Line Adjustment:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 79-3-7-1, ADJUSTMENT TO LOT LINE
(FREDRICKS) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
AN ADJUSTMENT TO A LOT LINE (FREDRICKS)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Thorpe
ORDINANCES
1. ADOPTION OF ORDINANCE NO. 380 ESTABLISHING A
MOBILE HOME PARK REVIEW BOARD
(23) Proposal:
Consideration of an ordinance which would establish a Mobile
Home Park Review Board.
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Written Communications:
Report dated March 7, 1979, from the City Manager.
Environmental Review:
The City Manager advised that the proposed Ordinance was
reviewed by the Environmental Review Board on February 27th
and on March 6th and it had been determined that the Ordinance
would not have a significant effect on the environment and that
the Board had issued a negative declaration on the proposal.
Although not a formal public hearing, Mayor Friess requested
that members of the audience appoint representatives to address
the Council, and the following persons responded:
(1) Ervin L. Watkins, owner, Capistrano Valley Mobile
Estates and member of the Mobile Home Park Review
Committee, stated his opposition to the inclusion
of Section 7, Right of First Refusal;
(2) Earl Lane, Director, Golden State Mobile Homeowners
League, advised that the League would support the
City in any litigation caused by the Ordinance;
(3) Timothy Tierney, Attorney at Law, representing Allen
Wilk, owner of Rancho Alipaz, urged rejection of the
ordinance and requested that it be reviewed further
by the City Attorney and Committee;
(4) Emerson Johnson, resident of Rancho Alipaz, cited
recent space rental increases and notices received
of future increases;
(5) Art McConnell, resident of Capistrano Mobile Estates,
stated his support for the ordinance as written;
' (6) Al Arps, 32302 Alipaz Street, representing the Capistrano
Mobile Home Council, expressed appreciation to the City
Council and staff for their efforts in formulating the
proposed ordinance;
(7) Millie Pittman, resident of Capistrano Terrace, objected
to rent increases that have occurred during the past two
years.
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Council Discussion:
Councilman Hausdorfer noted that Section 7 of the ordinance,
Right of First Refusal, appears to address the concerns of
mobile home park owners; Councilman Schwartze expressed
appreciation to those who participated in the development
of the ordinance, expressed satisfaction with Section 7 as
presented, and stated he would be willing to consider any
requests for waivers; Councilman Buchheim expressed satisfaction
with the ordinance as a precedent setting document. Mayor
Friess noted that with the exception of Section 7 there is
unanimous concurrence of the committee on every aspect of
the ordinance and advised that the section had been included
as a point of discussion. Mr. Friess suggested that the Review
Board should give consideration to this portion of the ordinance
and that the City Attorney should review the concerns of
Mr. Tierney,
'
Concurrence With Environmental Findings:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer and unanimously carried to determine that the City
Council concurs with the findings of the Environmental Review
Board that the provisions of the ordinance would have no
significant impact on the City of San Juan Capistrano.
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Adoption of Ordinance No. 380, as Amended:
The City Attorney read the title of the ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. It was moved by Councilman Schwartze
and seconded by Councilman Hausdorfer that the following
ordinance be adopted as an urgency matter, with Section 7
thereof deleted and referred to the Review Board for discussion:
ORDINANCE NO. 380, ESTABLISHING A MOBILE HOME PARK
REVIEW BOARD - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CREATING A MOBILE HOME PARK
REVIEW BOARD, AND ESTABLISHING THEIR POWERS AND
RESPONSIBILITIES (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Thorpe
Appointment of Mobile Home Park Review Board Members:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried that the following persons
be appointed as Members of the Board:
Phillip Schwartze,
Edwin Clark
Austin Dodge,
Bud Hanson,
Dr. Ervin Watkins,
Pat Kish,
Angela Bailey,
Council Liaison
mobile home owner
mobile home owner
park manager
park owner
Member of the
Mobile Home
National
Council
mobile home owner (alternate)
With the concurrence of Council, Mayor Friess directed that
a meeting of the Board be held for consideration of rental
increases, setting of prescribed meeting dates for the Board,
and discussion of the pros and cons of the deleted Section 7.
ADOPTION OF ORDINANCE NO. 381 REGULATING CONSUMPTION OF
(55) Proposal:
Adoption of an ordinance which prohibits any person from
selling, distributing, consuming of disposing of any beverage
in glass, metal or other hard containers during public activities
sanctioned by the City and repeal of Ordinance No. 301, as
requested by the Orange County Sheriff's department.
Written Communications:
Report dated March 7, 1979, from the City Clerk.
Adoption of Ordinance No. 381:
The City Attorney read the title of the ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. It was moved by Councilman Hausdorfer
and seconded by Councilman Schwartze that the following
ordinance be adopted:
tLLV Vl\Y LLV ALV \.Y VL y111'v 1.111 Vl i.Jt]LV V VAYV VAt1J11VC11VV,
CALIFORNIA, PROHIBITING THE CONSUMPTION OF BEVERAGES
IN THE PUBLIC STREETS, SIDEWALKS OR OTHER RIGHTS-OF-WAY
FROM GLASS OR METAL CONTAINERS DURING OFFICIAL CITY
FIESTAS AND RELATED PUBLIC ACTIVITIES AND REPEALING
ORDINANCE NO. 301 (URGENCY)
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249
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Thorpe
LETTER OF COMPLAINT (LOVE)
' (72) Council received copies of a memorandum from Councilman Buchheim
(68) forwarding a letter dated March 1, 1979, from Jack Love, citing
a history of problems encountered with personnel in the Planning
Department over release of plans and issuance of permits in
. conjunction with the proposed construction of a residence at
26212 Calle Roberto.
Mr. Love addressed the Council to request assistance with
release of landscaping and tree removal permits so that he
may be issued a building permit, and suggested that Planning
Department procedures be changed.
Authorization to Issue Building Permit:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and uannimously carried that Public Works personnel
be authorized to issue a building permit to Mr. Love; the
Planning Department is to submit a report at the next Council
meeting in response to the comments contained in Mr. Love's
letter.
Mayor Friess requested that Mr. Love attend the Council meeting
of March 21; Councilman Hausdorfer requested receipt of an
exact example of the permit process currently in effect;
Councilman Buchheim suggested that staff members be given
' the authority to make decisions in the field.
BIDS, CONTRACTS, AGREEMENTS
1. AGREEMENT FOR WATER AND SEWER SERVICES UPON
ANNEXATION - BEAR BRAND RANCH, TRACT 9390
(38) Proposal:
(85) Approval of an Agreement to provide sewer and water services
to Bear Brand Ranch upon its annexation to the City, pursuant
to the Agreement to Annex Real Property. The area of the
Tract lies within the boundaries of the Moulton -Niguel Water
District; however, proceedings have been commenced to deannex
the land from Moulton-niguel Water District and to annex to
Orange County Waterworks District No. 4.
Written Communications:
Report dated March 7, 1979, from the Director of Public Works.
Approval of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried to approve the Agreement
between the City, Orange County Waterworks District No. 4, and
the Bear Brand Ranch Company for provision of water and sewer
services upon annexation and to authorize the Mayor and City
Clerk to execute the Agreement on behalf of the City.
CONSENT CALENDAR
It was moved by Councilman Schwartze and seconded by Councilman
Buchheim that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
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250
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Thorpe
1. APPROVAL OF WARRANTS
(41) The List of Demands dated March 7, 1979, Warrants Nos. 16111
through 16189, inclusive, in the total amount of $178,923.97,
is approved as submitted.
2. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF
FEBRUARY 26, 1979
(23) The Report of Actions taken by the Equestrian Commission at
the meeting of February 26, 1979, is ordered received and
filed.
3. REPORT OF PLANNING COMMISSION MEETING OF
FEBRUARY 27. 1979
(67) The Report of Actions taken by the Planning Commission at
the meeting of February 27, 1979, is ordered received and
filed.
4. ACCEPTANCE OF
BONDS, A.C. 7
AUTHORIZATION TO RELEASE
nTnr /cnverr rim\
(38) The public and private improvements for the Mission Hacienda
project, Architectural Control 76-5, are accepted and staff
is authorized to release the following bonds:
Bond No. Bond Amount
9928 $ 5,000
(L.M. - Public)
9929 $18,000
(F.P. - Private)
Bonding Company
Surety Co. of the
Pacific
Surety Co. of the
Pacific
The following bond is extended to March 7, 1980, at which
time staff is authorized to effectuate the release:
9928 $10,000 Surety Co. of the
(F.P. - Public) Pacific
5. LOS RIOS AREA STREET IMPROVEMENTS - REQUEST
FOR EXTENSION OF TIME (GRIFFITH COMPANY)
(23) A 45 -day extension of time to May 3, 1979, is approved
(83) for completion of the Los Rios Area street improvements, as
requested by the Griffith Company due to delays caused by
the rainy season.
6. CLARIFICATION OF MAILING ADDRESSES, TRACT 9284 (KING)
(85) The report dated March 7, 1979, from the Director of Public
Works is ordered received and filed; the Postmaster has advised
that Paseo Activo and Paseo Peregrino require San Clemente
mailing addresses since they are continuations of streets
in the City of San Clemente.
7. CLAIM FOR DAMAGES (AHLERS)
(35) The Claim filed on February 14, 1979, by Hugo Anderson on
behalf of Mr. and Mrs. Herman Ahlers for damages allegedly
occurring at 27131 Mission Hills Drive on November 18, 1978,
in an unknown amount, is denied and referred to the City's
insurance carrier, Carl Warren and Company.
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251
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION
MEETINGS OF FEBRUARY 1, AND 15, 1979,
INSTALLATION OF SIGNS AT CAMINO LAS RAMBLAS
(23) The report dated March 7, 1979, from George Alvarez,
Secretary to the Traffic and Transportation Commission,
was removed from the Consent Calendar at the request of
Council. Councilman Hausdorfer indicated support for the
proposed installation of a "No U Turn" sign at the northbound
entrance to the San Diego Freeway at Camino Las Ramblas and
' for the future installation of a stop sign at the Via California/
Camino Las Ramblas intersection. Mr. Hausdorfer suggested that
installation of a signal at Via California be discussed during
the budget process.
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried that the report be received
and filed.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REQUEST FOR ASSESSMENT OF DEVELOPER FEES/SENATE
BILL 201 - CAPISTRANO UNIFIED SCHOOL DISTRICT
(78) Proposal:
(51) A request by the Capistrano Unified School District that the
City impose fees in conjunction with the issuance of building
permit fees; said fees to be used in constructing interim
school facilities in areas where a finding has been made
that conditions of overcrowding of schools exist pursuant to
Government Code Section 65971.
Written Communications:
' Report dated March 7, 1979, from the City Manager forwarding
a draft ordinance for Council consideration. Mr. Mocalis
noted that paragraph 2 of the report should reflect that
both the City of San Clemente and the County of Orange
require that the fees charged to developers are .8% of the
selling price, not to exceed $1,200.
Mayor Friess noted that the City has already instituted
programs which alleviate problems of school overcrowding and
that the City and home builders should not be burdened further
with the institution of such fees. Mr. Friess further commented
that the issue of the proposed school district split and
finalization of the lease agreement for a County library
site have as yet to be resolved.
Motion to Table:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim and unanimously carried that the request by the School
District for adoption of an ordinance imposing development fees
be tabled until such time as the proposed school district split
and the lease agreement for the library site are in a more
finalized state.
2. VIOLATIONS OF CITY ORDINANCES -
' ADOPTION OF ORDINANCE NO. 382 (URGENCY)
(70) Proposal:
A request by the City Council that violators of City ordinances
be prosecuted in a timely manner.
Written Communications:
Report dated March 7, 1979, from the City Manager forwarding a
proposed ordinance specifying that the City Manager and City
Attorney shall enforce all City ordinances with authority to
exercise the powers of arrest for violations thereto.
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252
In response to Council, the City Attorney advised that City
personnel may write complaints of violations; the City Manager
and City Attorney would write the citations.
Adoption of Ordinance No. 382:
The City Attorney read the title of the ordinance next in
order. Further reading of all ordinances had been waived
earlier in the meeting. It was moved by Councilman Hausdorfer
and seconded by Councilman Schwartze that the following ordinance
be. adopted as an urgency matter:
ORDINANCE NO. 382, ENFORCEMENT OF ORDINANCES -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, IMPOSING A DUTY TO ENFORCE CITY ORDINANCES
AND PROVIDING FOR ENFORCEMENT (URGENCY)
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Thorpe
3. REPORT ON PROPOSED SPLIT OF CAPISTRANO UNIFIED SCHOOL DISTRICT
(78) Proposal:
A proposal before the Orange County Committee on School District
Organization that the existing boundaries of the Capistrano
Unified School District be split by the formation of a new
district. The two alternatives being considered would either:
(1) bisect the City of San Juan Capistrano at San Clemente
High School attendance boundary; or, (2) combine the cities
of San Juan Capistrano and San Clemente into a new district.
Written Communications:
Report dated March 7, 1979, from the City Manager.
Mayor Friess noted that a public hearing will be held by the
School District Organization Committee on March 14, 1979, at
7:30 P.M., at San Clemente High School and that he would
represent the City at the hearing. The Committee will either
disapprove the proposal or approve the plan for further study
by the State Board of Education.
Resolution Opposing New School District Boundaries:
It was moved by Councilman Buchheim and seconded by Councilman
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 79-3-7-2, OPPOSING FORMATION OF
LNzw oA ..nyyLy1oiAit-a. "VuiNyHnC o - t "r vjjuTiun uz
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, OPPOSING THE FORMATION OF NEW SCHOOL
DISTRICT BOUNDARIES
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Schwartze, Buchheim
and Mayor Friess
NOES: None
ABSENT: Councilman Thorpe
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253
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
STATUS REPORT - MEREDITH CANYON LANDSCAPING,
TRACTS 8087 AND 8319
(85) With the concurrence of Council, Mayor Friess directed that
the report dated March 7, 1979, from the Acting Director of
Community Planning and Development, setting forth the current
status of the Meredith Canyon landscaping repairs be received
and filed.
' 2. REVIEW OF PLANS FOR CALIFORNIA HIGHWAY PATROL STATION
AND CALTRANS MAINTENANCE FACILITY
(27) Proposal:
Informational review of conceptual development plans for
proposed Highway Patrol Station and Caltrans Maintenance
Facility to be located on Camino Capistrano adjacent to the
Capistrano Business Park.
Written Communications:
Report dated March 7, 1979, from the Acting Director of
Community Planning and Development.
Discussion:
Mr. Becerra advised that the proposed setback requirements
are consistent with adjacent development and that the land-
scaping plans are extensive. Council briefly discussed the
architectural style, possible berming in the front setback
area, and the exterior colors proposed.
With the concurrence of Council, Mayor Friess directed that
the report be received and filed.
3. LOS RIOS AREA HOME REHABILITATION PROGRAM -
USE OF HOUSING AND COMMUNITY DEVELOPMENT ACT FUNDS
(23) Proposal:
Approval of the Los Rios Home Improvement Program which would
grant funds for minor repairs, low interest loans to improve
dwellings that are structurally sound, improve current housing
conditions to accommodate present residents, and preserve the
character of the historic area, pursuant to the Los Rios Precise
Plan approved in February, 1978. The City has been allocated
$25,000 to be received in April and $75,000 to be received in
July through Years IV and V of the Community Development Block
Grant Program for housing rehabilitation. The program
further provides home improvement advice, loan counseling
and assistance in contracting for repair work. The Program
involves review and advice by the Los Rios Review Committee,
the Department of Community Planning and Development, and
the Building and Safety Division of Public Works. Loans
would be processed through Security Pacific National Bank.
Written Communications:
Report dated March 7, 1979, from the Acting Director of
Community Planning and Development, forwarding the recom-
mendation of approval made by the Los Rios Review Committee
on February 26, 1979.
' Discussion:
Sara Pashalides, Assistant Planner, made an oral presentation
of the Program. Council requested information on the applicants'
right of appeal if a loan is not approved. Mayor Friess suggested
that a mail campaign advise owners in the area of availability of
the Program; Mr. Becerra advised that meetings would be held.
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254
Approval of Program:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried that the Los Rios Home
Improvement Program be approved as submitted by the Los Rios
Review Committee.
4. REPORT ON VIOLATIONS OF CONDITIONAL USE PERMITS
TRABUCO CREEK AREA
(59) Written Communications:
Report dated March 7, 1979, from the Acting Director of
Community Planning and Development recommending that the
item be continued to the meeting of March 21 for review of
a detailed survey and compliance status of all land use
violations identified in the area of Trabuco Creek adjacent
to Avenida de la Vista. The Report was prepared pursuant to
Council direction on February 21 due to a complaint received
of conditions at Rocky's Stables. Mr. Becerra advised that
the report may be completed prior to the next meeting.
With concurrence of Council, Mayor Friess ordered the item
received and the report continued to the meeting of March 21,
1979.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. CAMINO CAPISTRANO IMPROVEMENT DISTRICT NO. 78-2
STATUS REPORT AND BUDGET AMENDMENT
(74) Written Communications:
Report dated March 7, 1979, from the Director of Public
Works providing a revised progress report for the Improvement
District. In order to be eligible for Arterial Highway
Financing Program funds, plans and specifications must be
approved and bids received by April 18th, with award of bids
by July 1, 1979. Property owners have expressed opposition
to forming an assessment district if they are to bear full
costs of landscaping the parkway and median strip. The total
cost, including plans, irrigation system, specifications,
supervision and planting is estimated at $30,000.
Council requested receipt of the final landscape plans for
review.
of
of Budqet
Amendment Tor Landscaping:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to receive and file the
report and to direct the City Engineer to continue with the
formation of the Camino Capistrano Assessment District; and,
to amend the 1978-79 Fiscal Budget to allocate the sum of
$15,000 from the Systems Development Tax Fund to landscaping
of the median strip and parkway within the District.
Mayor Friess noted that proposed uses for the Systems Development
Tax funds should be scheduled for the March 21 Agenda.
3. 24-HOUR STAFFING AT SERRA
(79) Proposal:
A request for approval of 24-hour staffing at the Treatment
Plant to prevent costly malfunctions which may occur during
evening hours and to provide preventive maintenance. The
proposal has been approved by the SERRA Board of Directors
and provides for the employment of an additional five employees.
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Written Communications:
Report dated March 7, 1979, from the Director of Public Works.
Approval of Memorandum of Understanding and Budget:
it was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to approve the Memorandum of
Understanding between the City and SERRA which provides for
City operation and staffing of the Treatment Plant on a 24-hour
basis, and to authorize the Mayor and City Clerk to execute the
Memorandum on behalf of the City; further, a budget of $90,475
for the additional personnel is approved.
3. APPOINTMENT OF ALTERNATE REPRESENTATIVE TO
SERRA BOARD OF DIRECTORS
(79) It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried that William D. Murphy,
Director of Public Works, be appointed as the City's Alternate
Representative to the SERRA Board of Directors, as requested
by Councilman Thorpe.
TRAFFIC AND TRANSPORTATION COMMISSION
1. STREET LIGHT STUDY - ALIPAZ STREET, PASEO
ADELANTO, AVENIDA AEROPUERTO
(53) Proposal:
Removal of 1 street light on Alipaz Street, 1 on Paseo
Adelanto and 4 on Avenida Aeropuerto which have been de -
energized beyond the 60 -day test period with no incidents
of vandalism or effects on safety reported.
Written Communications:
Report dated March 7, 1979, from the Traffic and Transportation
Commission, recommending approval of the proposal.
Discussion:
Councilman Hausdorfer suggested that the removal of lights on
Avenida Aeropuerto be deleted from consideration due to concerns
voiced by residents of the mobile home park. Traffic Commis-
sioner Jerry Kaufman advised that no complaints had been received
by staff or the Commission, that often sufficient light is
provided by the remaining street lights, and commented on the
$250 saving per light plus energy costs of $8.00 per month.
Staff was directed to provide Council with copies of the Street
Light Removal policy.
Authorization for Removal of Street Lights:
It was moved by Councilman Hausdorfer, seconded by Councilman
Schwartze and unanimously carried to authorize the removal of
the following street lights:
Alipaz Street at Del Obispo Street 1
Paseo Adelanto at Del Obispo Street 1
The Avenida Aeropuerto street lights are to remain functioning
in place.
COUNCIL REMARKS AND COMMITTEE REPORTS
1. CHAMBER OF COMMERCE CAREER DAY
(29) Councilman Buchheim noted his appreciation to the Chamber of
Commerce for instituting Career Day on March 7th. The program
places high school students in local businesses and offices
for day -long interaction.
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2. STREET LIGHTS - CALLE ARROYO
(53) Councilman Schwartze requested that staff check into the
status of street lights along Calle Arroyo, since the street
appears quite dark at night.
3. LEAGUE OF CALIFORNIA CITIES -
(61) Councilman Schwartze advised, as the City's representative to _
(51) the League of California Cities, that the Committee studying
proposed legislation that developers have vested rights for
tract map approval will have the final meeting on March 16th.
Mr. Schwartze will provide copies of the draft legislation.
Mr. Schwartze adivsed that the regular meeting of the Orange
County Division of the League has been changed to March 15th.
4. STREET CONDITIONS - WATER IN CAMINO LAS RAMBLAS
(87) Councilman Hausdorfer advised that he has received many inquiries
with regard to the continual running of water down Las Ramblas
from its intersection with Via de Agua. The Director of Public
Works advised that it is caused by major seepage in the land
formation and is all ground water running into the storm drain.
5. TO DO LIST
(32) Mayor Friess requested that Council Members submit their comments
on items listed on the To Do List of Council referrals.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 9:50 P.M., to the next regular meeting date of —
Wednesday, March 21, 1979, at 7:00 P.M., in the City Council
Chamber.
ATTEST:
J C
L/
KENNETH E. FRIESS, MAYOR S
Respectfully submitted,
MARY ANN CITY CLERK
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