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79-0321_CC_Minutes_Regular Meeting257 MARCH 21, 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 7:07 P.M., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Deacon Jim Fry, Our Lady of Fatima Church. ROLL CALL PRESENT: Kenneth E. Friess, Mayor James F. Thorpe, Mayor pro tem Lawrence F. Buchheim, Councilman Gary L. Hausdorfer, Councilman Phillip R. Schwartze, Councilman ABSENT: None 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; Thomas G. Merrell, Director of Community Planning and Development; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Regular Meeting of March 7, 1979: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the Minutes of the Regular Meeting of March 7, 1979, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Buchheim and Mayor Friess NOES: None ABSTAIN: Councilman Thorpe ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Schwartze, seconded by Councilman Thorpe that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION COMMENDING DR. BILL SMITH (36) Mayor Friess read in full the Proclamation commending Dr. Bill Smith, known as the "Voice of the Mission," for his many years of announcing and broadcasting the annual return of the swallows from their winter habitat in Argentina. Dr. Smith expressed his appreciation to the City. -1- 3/21/79 258 2. COMMENDATION FOR AWARD AS CERTIFIED MUNICIPAL CLERK - MARY ANN HANOVER (36) Mayor Friess commended City Clerk Mary Ann Hanover for receipt of the Certified Municipal Clerk award from the International Institute of City Clerks. 3. PROPOSED RESOLUTION - LYNN SMITH (36) Mayor Friess advised that Lynn Smith has submitted her resignation as City Editor of the Capistrano Valley News and will be doing free-lance work and photography in the future. There was a consensus of Council that a Resolution be prepared commending Ms. Smith in appreciation of her active role in the community. ORAL COMMUNICATIONS 1. MEREDITH CANYON LANDSCAPING, TRACTS 8087 AND 8319 (85) John Conley, of the Meredith Canyon Homeowners Association Board of Directors, expressed appreciation for the cooperation of the City in correcting landscaping deficiencies in the subject tracts. Mr. Conley requested that City and Homeowner Association representatives walk the area prior to City acceptance of the corrections, and noted the prior under- standing that final acceptance of the landscaping would not occur until 90 days after completion. Council concurred with Mr. Conley's requests. 2. COMMISSION REPRESENTATION (23) The following Commission Members advised that they were present (67) to answer any questions with regard to recommendations made to Council: Jim Allen, Traffic and Transportation Commission Brett Shears, Park and Recreation Commission Dee Tyler, Planning Commission 3. FIESTA ASSOCIATION - APPROVAL OF REOUEST FOR RODEO PERMIT (61) Dick Dickey, President of the San Juan Capistrano Fiesta (65) Association addressed the Council regarding the Association's request for a rodeo permit in conjunction with the annual Swallows Week celebration. The rodeo is proposed for Saturday and Sunday, March 24 and 25, on vacant property adjacent to the Pacific Drive -In Theater between Del Obispo Street and Miguelito. Written Communications: (1) Report dated March 21, 1979, from the City Manager forwarding the permit application and site plan. (2) Memorandum dated March 21, 1979, from David L. DeBeauvais, Administrative Aide, setting forth the status of required conditions of approval. (3) A Supporting Statement submitted by the San Juan Rodeo Committee. The City Manager recommended that the permit be approved. Approval of Permit: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the request for a Rodeo Permit for March 24 from 3:00 P.M. to 6:00 P.M., and March 25 from 2:00 P.M. to 5:00 P.M. -2- 3/21/79 259 Waiver of Fees and Additional Permits: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to waive requirements for Encroachment Permit, Building and Safety Permit, and related fees for the event. PUBLIC HEARINGS 1. APPEAL OF CONDITIONS OF APPROVAL, A.C. 78-9 CONTINUATION (HOME FEDERAL SAVINGS AND LOAN ASSOCIATION) (68) Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open. There being no response and with the concurrence of Council, the Hearing was continued to the meeting of April 4, 1979, as requested by the applicant. 2. 10 KILOMETER RUN - TEMPORARY CLOSURE OF PASEO ADELANTO AND CAMINO DEL AVION (62) Proposal: Closure of Paseo Adelanto from 8:15 - 8:45 A.M. and Camino del Avion from 8:30 - 9:00 A.M., on Saturday, May 19, 1979, for a 10 Km run. Written Communications: Report dated March 21, 1979, from the Director of Recreation forwarding the proposed route and advising that approximately 2,000 participants are expected. Mr. Baker advised that the event is sanctioned by the Amateur Athletic Union and will be a community volunteer effort. Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open and, there being no response, closed the Hearing. Approval of Route and Street Closures: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried to approve the route for the 10 Km Run on May 19 and to approve the closure of Paseo Adelanto and portions of Camino del Avion during the times stated above. 3. TENTATIVE TRACT MAP 10134 AND REZONE 78-2 (DIFFLEY (85) Proposal: A subdivision of approximately 34.02 acres of land into 12 residential lots and rezone from Growth Management to Large Estate lots ranging from 1 acre to 6.28 acres in size. The project is located on the south side of San Juan Creek Road west of the area known as Hidden Valley and is proposed as a lot sale subdivision while retaining the existing residence on Lot 6. Applicant: James W. Diffley, #1 San Mateo Way, Newport Beach 92625. Written Communications: Report dated March 21, 1979, from the Director of Community Planning and Development forwarding the recommendation of approval with conditions made by the Planning Commission on February 27. Those conditions include constraints on ridgeline development, landscape treatments and grading impacts. The Environmental Review Board has determined that the project meets minimum standards of the General Plan and Land Use Management Code. -3- 3/21/79 260 Exhibits were on display and the Director of Community Planning and Development made an oral presentation and advised that the Environmental Impact Report disclosed visual impacts at the north end of the tract which could be mitigated by re -design; however, the applicant wished to present the plan for review without further change or delay. Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open, and the following persons responded: (1) James Diffley, applicant and owner, advised that changes can be made which are acceptable to all, the development provides for protection of the ridgeline and maintains a rural atmosphere with biking and equestrian trails, provides road improve- ments and will add to the City tax rolls. Mr. Diffley urged approval of the project. (2) Elmer Christiansen, Civil Engineer, 31882 Camino Capistrano, spoke in support of the subdivision and advised that the San Diego Gas and Electric easement consists of 8.44 acres without structures and may accommodate gardens, stables and low shrubs. Discussion of water and sewer service and traffic circulation ensued. (3) Dale Smith, 31515 Paseo Christina, stated that citizen concerns were not addressed with regard to flow of storm water onto adjacent properties, geology and hydrology studies, and visual impact to the ridgeline. Mr. Smith also expressed concern with future City follow-up on restrictions since the proposal is for a lot sale project and suggested a field trip be undertaken. (4) William Munson, 31505 Paseo Christina, recommended that the project be denied based on geotechnical considerations and construction on the ridgeline. (5) Bill Gardner, 30231 Silver Spur Road, representing the Committee for the Preservation of Ridgelines, spoke in opposition to the project based on visual impacts and geology. (6) Carolyn Munson, 31505 Paseo Christina, read a prepared statement citing concerns with Planning Commission and staff decisions, landslides, drainage, ridgeline construction and grading, and recommended that the project consist of 6 lots with a road along the utility easement. (7) Elmer Christiansen stated that the project is a reasonable use of the land in accordance with the General Plan, that 5% of the land area will be covered with 25 acres predominently unchanged. (8) Pat Lederer, 31487 Paseo Christina, cited problems with year-round water runoff from the project area. There being no further response, Mayor Friess declared the Hearing closed. Council Discussion: Councilman Buchheim requested that a condition be added to preclude any construction without a total geology study and -4- 3/21/79 261 concurred with the suggestion of a field trip to view visual impacts. Councilman Thorpe stated that the Environmental Impact Report is inadequate since it does not contain sufficient information to make a decision and answer questions of geology; further, the graphic designations of residences appear smaller than existing residences. Mr. Thorpe also expressed concerns with a proposed road through a saddle in the ridgeline, water runoff and future sprinkler systems, possible landslide conditions, and ridgeline encroachment and noted that alternatives to this project may produce higher densities. Mayor Friess advised that the project does not impact his residence, which is located at the east City boundary. Mr. Friess recommended that additional information be included in the EIR regarding geology and drainage and that housing distribution alternatives be presented to alleviate view impacts and cited concern with controlling future building and future lot splits. Mr. Christiansen noted that preparation of the EIR is contracted by the City, that it addresses the geology and should be accepted as adequate since it identifies problem areas that can be resolved. Councilman Hausdorfer and Mayor Friess concurred in the adequacy of the Report. Mayor Friess inquired if the applicant would agree to a continuance of the matter. Mr. Diffley responded that he had waived the time limits twice before and could not agree to a continuance at this time without a decision from the City and some indication that the project will proceed. Adequacy of Environmental Impact Report: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer to determine that the Environmental Impact Report is adequate, noting that the Report has been prepared for informational purposes and its acceptance should not be construed as approval of denial of the project nor as concurrence with all the information submitted. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze and Mayor Friess NOES: Councilmen Thorpe and Buchheim ABSENT: None Denial of Rezone and Tentative Tract Map Without Prejudice: It was moved by Councilman Schwartze, seconded by Councilman Thorpe and unanimously carried to deny Rezone 78-2 and Tentative Tract 10134 (Diffley) without prejudice which would permit the applicant to resubmit the tract map with Council concerns resolved. RECESS AND RECONVENE Council recessed at 10:00 P.M. and reconvened at 10:10 P.M. 4. TENTATIVE PARCEL MAP 851 (VER HALEN) (85) Proposal: A division of 1/2 acre of land into 2 residential lots located on the south side of Calle Lorenzo east of Camino Capistrano. -5- 3/21/79 262 Applicant: Orange Coast Investments, 2811 La Ventana, San Clemente 92672. Written Communications: Report dated March 21, 1979, from the Director of Community Planning and Development forwarding the recommendation of approval with conditions made by the Planning Commission on February 27. Mayor Friess commented on the map notations of "Data Required Per LUMC" and No. 9 thereof which reads, "No major trees or landmarks" and requested clarification of whether everything on the property may be removed. The Director of Community Planning and Development advised that if the land division is approved, the applicant would then appear before the Environmental Review Board for a tree removal permit; existing trees are usually noted on the maps. Mayor Friess suggested that the wording on maps be changed from "Data Required to "It shall be established that . Public Hearing: Notice having been given as required by law, Mayor Friess declared the Public Hearing open, and the following persons responded: (1) Marilyn Williams, 29931 Camino Capistrano, noted pest control problems in commercial citrus groves caused by backyard citrus which is not cared for and stated that the City should be responsible for problems in agriculture preserve areas if developers are required to retain existing citrus trees; developers should be given the option of removing such trees. There being no further response, Mayor Friess closed the Hearing. Approval of Tentative Parcel Map: It was moved by Councilman Schwartze and seconded by Councilman Buchheim that the following Resolution be adopted with amendments to the wording of Condition 1: RESOLUTION NO. 79-3-21-1, TENTATIVE PARCEL MAP 851 (VER HALEN) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 851, A PROPOSAL TO SUBDIVIDE 0.50 ACRES OF LAND INTO TWO LOTS, EACH HAVING A MINIMUM AREA OF 10,000 SQUARE FEET The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe Buchheim and Mayor Friess NOES: None ABSENT: None Condition No. 1 is amended to read as follows: "l. The developer shall provide a tree preservation plan to retain as many of the trees on the site as is practical. Said Plan shall be submitted to and approved by the City's Tree Inspector, prior to approval of a final map." -6- 3/21/79 263 BIDS, CONTRACTS, AGREEMENTS 1. OF AGREEMENT LEGAL SERVICES (74) Written Communications: Report dated March 21, 1979, from the Director of Public Works forwarding a proposed Special Counsel Agreement with F. MacKenzie Brown for the continuation of legal services for Assessment District 78-3 through the sale of bonds for the District. Approval of Agreement: It was moved by Councilman Hausdorfer, seconded by Councilman Thorpe and unanimously carried to approve the Agreement with F. MacKenzie Brown and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. The Agreement provides for compensation in an estimated amount of $22,300 based upon a percentage of the cost of construction of the District with the fee paid from proceeds generated by the sale of bonds. 2. AWARD OF CONTRACT FOR TRAFFIC SIGNAL, DEL OBISPO STREET AT CALLE ASPERO (ELECTREND, INC.) (82) Written Communications: Report dated March 21, 1979, from the Director of Public Works forwarding a summation of bids received on March 14 for installation of the traffic signal at the intersection of Del Obispo Street and Calle Aspero. Award of Contract: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to award the contract to the low bidder, Electrend, Inc., of Norwalk, in the total amount of $33,498, and to reject all other bids received. The Mayor and City Clerk are authorized to execute the contract on behalf of the City. 3. RENEWAL OF ANIMAL CONTROL SERVICES (38) Written Communications: (57) Report dated March 21, 1979, from the City Manager, forwarding an extension of the August 8, 1978, Agreement with the County of Orange for animal control services. The new term is from July 1, 1979, through June 30, 1980. Approval of Agreement Extension: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the Agreement extension as submitted and to authorize the Mayor and City Clerk to execute the extension on behalf of the City. CONSENT CALENDAR It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Thorpe, Buchheim and Mayor Friess NOES: None ABSENT: None -7- 3/21/79 264 1. APPROVAL OF WARRANTS (41) The List of Demands dated March 21, 1979, Warrants Nos. 16190 through 16328, inclusive, in the total amount of $112,872.14, is approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS AS OF FEBRUARY 28, 1979 (41) The City Treasurer's Report of Investments as of February 28, 1979, is approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of February 28, 1979, is approved as submitted. 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF JANUARY 31, 1979 (41) The City Treasurer's Summary Statement of Fund Cash Balances for the seven-month period ending January 31, 1979, is approved as submitted. 5. REPORT OF CULTURAL HERITAGE COMMISSION ACTIONS OF MARCH 6, 1979 (23) The Report of Actions taken by the Cultural Heritage Commission at the meeting of March 6, 1979, is ordered received and filed. 6. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF MARCH 12, 1979 (23) The Report of Actions taken by the Equestrian Commission at the meeting of March 12, 1979, is ordered received and filed. 7. AWARD OF CONTRACT FOR REPLACEMENT OF DAMAGED TRAFFIC SIGNAL, DEL OBISPO STREET AT CAMINO DEL AVION (ELECTREND) (82) The City Engineer is authorized to award the contract for the replacement of the damaged traffic signal at the intersection of Del Obispo Street and Camino del Avion to the low bidder, Electrend, Inc., of Norwalk, in the amount of $3,300 and to reject all other bids received. 8. ACCEPTANCE OF AGREEMENT TO POSTPONE PUBLIC IMPROVEMENTS ORTEGA HIGHWAY AT EAST CITY LIMITS (FOLGNER) (38) The Agreement between the City and Ronald and Pamela Folgner (83) for postponement of requirements to install public improvements in connection with the construction of a residence off the Ortega Highway near the east City limits is approved and the Mayor and City Clerk authorized to execute the document on behalf of the City. The City Clerk is directed to forward the Agreement to the County Recorder for recordation. 9. ORTEGA HIGHWAY TRAFFIC SIGNAL INTERCONNECT SYSTEM - CHANGE ORDER NO. 1 STEINY AND COMPANY) (82) A 45 -day time extension to May 12, 1979, for installation of the Ortega Highway Interconnect system due to delivery delays is approved, as requested by Steiny and Comapny. -8- 3/21/79 10. ACCEPTANCE OF EASEMENT DEEDS FOR 265. SLOPE PURPOSES, (73) The Easement Deed for road purposes and the Easement Deed (44) for slope purposes granted by the Capistrano Valley Baptist Chruch in conjunction with AHFP 883, the widening and realign- ment of Del Obispo Street at the Aguacate curve, are accepted; the City Clerk is directed to forward the Deeds to the County Recorder. 11. TREE REMOVAL APPLICAT (74) The determinations of the Tree Inspector are confirmed for the following tree removal applications: (1) Removal of 30+ ctirus trees and retention of 1 non -citrus tree at the northeast corner of property in the vicinity of Mission Hills Drive and Rancho Viejo Road (Mission Hills Racquet Club). (2) Removal of 19 citrus trees and retention of trees along Cook Lane and Calle Ricardo on Lot 4, Tract 9682; a tree preservation plan is to be submitted (James Reilly). (3) Removal of 12" elm and 5" cottonwood and retention and pruning of all other trees on property on Calle Rolando east of Alipaz Street (Lark Engineering). (4) Removal of 11 trees on property at the northeast corner of Del Obispo and Camino Capistrano, subject to the project landscape architect and a City staff member being present at the site prior to and during the actual tree removal (Home Federal Savings and Loan Association). REPORT OF PLANNING COMMISSION MEETING OF MARCH 13, 1979 (67) Council received copies of the Report of Actions taken by the Planning Commission on March 13, 1979. Following discussion of an on-site directional sign for the Mogan tract and direction to the City Attorney to contact the President of the Village San Juan Homeowners Association, there was a consensus of the Council that the report be received and filed. STATUS OF CONSTRUCTION ADJACENT TO SUNHOLLOW, TRACT 7673 (85) With the concurrence of Council, Mayor Friess directed that the status report dated March 21, 1979, on construction adjacent to the Sunhollow development be received and filed. APPROVAL OF AGREEMENT FOR MAINTENANCE OF TRAFFIC SIGNALS (SIGNAL MAINTENANCE, INC.) (38) Written Communications: Report dated March 21, 1979, from the Director of Public Works forwarding a proposed Agreement for continued maintenance of the City's traffic signals. The estimated annual cost for the service is $4,000, payable from the Traffic Safety Fund. Approval of Agreement: It was moved by Councilman Thorpe, seconded by Councilman Schwartze and unanimously carried to approve the Agreement with Signal Maintenance, Inc., of Anaheim, California, and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. -9- 3/21/79 266 ADMINISTRATIVE ITEMS CITY MANAGER 1. PROPOSED REDUCTION OF DEVELOPMENT FEES - SYSTEMS DEVELOPMENT TAX (86) Written Communications: Report dated March 21, 1979, from the City Manager responding to Council direction that fees paid by developers be reduced, since the Systems Development Tax will generate more funds than the revenue loss caused by the passage of Proposition 13. Repeal of Ordinances Nos. 211 and 204, which produce an average annual revenue of $54,800, is recommended with a transfer of accumulated funds into the Civic Center Reserve Fund. Discussion: Coun�man Thorpe noted that there may be a test of the legality of the Systems Development Tax and that the City May be required to fund a larger share of the Arterial Highway Financing Program. The City Manager advised that the State may require that the County assume fire protection services after January 1, 1980. Marilyn Williams, 29931 Camino Capistrano, spoke in opposition to the repeal of any pre -Proposition 13 revenue producing ordinances until the legality of the Systems Development Tax is ascertained, since the Tax was imposed to fund capital projects that other fees do not support. Referral to Budget Discussions: With the concurrence of Council, Mayor Friess directed that further consideration of reductions in development fees be deferred until upcoming budget discussions. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. MEREDITH CANYON LANDSCAPE STATUS REPORT TRACTS 8087 AND 8319 (85) There was a consensus of Council that the report dated March 21, 1979, from the Director of Community Planning and Development be received and filed. 2. TREE REMOVAL APPLICATIONS, LOTS 1 AND 11, TRACT 9795 (LOVE) AND PERMIT PROCEDURES (74) Written Communications: 1) Report dated March 21, 1979, from the Director of Community Planning and Development setting forth the findings and proposed conditions relating to tree removal applications for Lots 1 and 11 of Tract 9795; (2) Report dated March 21, 1979, from the Director of Community Planning and Development setting forth the procedure for issuance of permits to home builders in response to the letter dated March 1 from Jack Love. Tree Removal, Lot 1: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried that Mr. Love be given the option of either concurring with the landscape plan as proposed by staff and/or submitting an alternate landscape plan for approval. -10- 3/21/79 267 Tree Removal, Lot 11: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried that the removal of all citrus trees be authorized; Mr. Love is to provide a landscape plan for approval. Policy for Tree Removals: There was a concurrence of Council that a Policy for Tree Removals be scheduled on a future Council Agenda for further discussion during a Public Hearing. Mr. Love noted that he would be willing to discuss such policies with the members of the Environmental Review Board. Mayor Friess suggested that informal discussions be held with the Environ- emntal Review Board, Mr. Love, developers and a City Council Member to discuss policies and flow charts for permit issuance. Mayor Friess also requested that all Council Members receive copies of County permit forms referred to by Mr. Love. 3. DEMOLITION OF TWIN WINTON BUILDING (HOME FEDERAL SAVINGS AND LOAN ASSOCIATION) (65) Written Communications: Report dated March 21, 1979, from the Director of Community Planning and Development advising of his conclusion that it is appropriate to allow the demolition of the Twin Winton Building in conjunction with a commercial development proposed on the northeast corner of Camino Capistrano and Del Obispo Street by Home Federal Savings. The Demolition Permit would be effective March 22, 1979. Councilman Thorpe stated that no date should be given for the demolition until the new project has received final approval and the developers have made a commitment to proceed with the project. Thomas Fincher, representing Home Federal, assured Council that the project would proceed. Acknowledgment of Demolition: It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer to accept the proposed demolition of the building. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze and Mayor Friess NOES: Councilmen Thorpe and Buchheim ABSENT: None The Demolition Permit is subject to the following conditions: (1) No trees shall be removed as part of this permit; (2) Ceramics mural shall be protected and relocated on site; (3) Applicant shall provide a photo survey of the Twin Winton Building per City Photographic Policy as well as a preliminary floor plan of the structure; and, (4) Demolition of the structures shall not be started prior to March 22, 1979. -11- 3/21/79 4. REPORT ON LAND USE VIOLATIONS, TRABUCO CREEK (39) With the concurrence of Council, Mayor Friess directed that this item be held over for consideration at the meeting of April 4. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. ALLOCATION OF FUNDS. PROJECT COMMITTEE NO. 3. (79) Written Communications: Report dated March 21, 1979, from the Director of Public Works. Approval of Budget: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the SERRA budget for Project Committee No. 3, operation and maintenance of the effluent pump station and ocean outfall facilities, in the amount of $80,574 and to authorize the expenditure of the City's share of $17,081.69 from the Sewer Enterprise Fund. 2. STATUS REPORT, VILLAGE SAN JUAN LANDSCAPING (85) Written Communications: Report dated March 21, 1979, from the Director of Public Works. There was a consensus of the Council that the report be held over for further discussion and review of the entire avocado grove area at the meeting of April 4. ORANGE COUNTY GRAND JURY NOMINATIONS (56) Written Communications: Report dated March 21, 1979, from the City Manager forwarding a list of the 5 persons who have submitted applications for nomination to the Grand Jury. It was moved by Councilman Schwartze and seconded by Councilman Hausdorfer that all of the applications be forwarded to the Grand Jury for consideration, as follows: Al Arps, Leonor Hammond, Xavier Leonard, Kathleen Poquet, Margaret Teasley. The motion carried by the following vote: AYES: Councilmen Hausdorfer, Schwartze, Buchheim and Mayor Friess ABSTAIN: Councilman Thorpe NOES: None ABSENT: None COUNCIL REMARKS 1. TRAFFIC PROBLEMS - ORTEGA HIGHWAY (87) Councilman Thorpe noted speeding traffic on Ortega Highway and lack of a shoulder in the recently -widened area. 2. ENVIRONMENTAL REVIEW BOARD MINUTES (PATRICK DEVELOPMENT) (23) Councilman Thorpe requested clarification of Environmental (85) Review Board Minutes, especially as they related to the rating of the Patrick Development. -12- 3/21/79 269 3. DISNEYLAND COMMUNITY AWARDS (36) At the request of Mayor Friess, Councilman Hausdorfer indicated he would attend the Disneyland Community Awards on March 28th. 4. INVOCATIONS (32) There was a consensus of Council that the Mayor and City Clerk discuss scheduling of invocations at future meetings. RECESS TO EXECUTIVE SESSION Council recessed to an Executive Session for discussion of a personnel matter at 12:02 A.M., the City Clerk being excused therefrom, and reconvened at 12:25 A.M. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 12:25 A.M., Thrusday, March 22, 1979, to the next regular meeting date of Wednesday, April 4, 1979, at 7:00 P.M., in the City Council Chamber. ATTEST: KENNETH E. FRIESS, YOR Respectfully submitted, AN, WRTETMITT • -13- 3/21/79