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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. -1- 3/7/79 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. -2- 3/7/79 245 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. -3- 3/7/79 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. -4- 3/7/79 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. -5- 3/7/79 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. -5- 3/7/79 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) -6- 3/7/79 249 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: -7— 3/7/79 250 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. -8- 3/7/79 251 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. -9- 3/7/79 252 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 -10- 3/7/79 253 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. -11- 3/7/79 254 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. -12- 3/7/79 n 255 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. -13- 3/7/79 256 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 -14- 3/7/79