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84-0515_CC_Minutes_Regular Meeting12a MAY 15, 1984 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 Hausdorfer at 7:02 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Homer Waisner, Jr., Ocean Hills Community Church. ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor Phillip R. Schwartze, Mayor pro tem Anthony L. Bland, Councilman Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann Hanover, City Clerk; James S. Okazaki, City Attorney; Robert G. Boone, Director of Administrative Services; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; Cheryl Johnson, Recording Secretary. MINUTES Regular Meeting of May 1, 1984: It was moved by Councilman Buchheim, seconded by Councilman Bland that the Minutes of the Regular Meeting of May 1, 1984, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Schwartze ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Bland that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None -1- 5/15/84 12.4 PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION - MUNICIPAL CLERK'S WEEK MAY 13 - 19, 1984 (31) Written Communications: (71) Report dated May 15, 1984, from the City Clerk, forwarding a Proclamation recognizing the outstanding and vital services performed by municipal clerks. On behalf of the Council, Mayor Hausdorfer thanked Mary Ann Hanover, City Clerk, for her service to the community and for the efficient conduct of the recent municipal election. Mrs. Hanover noted that May 13th marked her 10th anniversary as City Clerk. Approval of Proclamation: Mayor Hausdorfer read the Proclamation in full and with the consensus of Council proclaimed the week beginning May 13, 1984, as Municipal Clerk's Week. 2. PROCLAMATION - MISS SAN JUAN CAPISTRANO WEEK MAY 20 - 26, 1984 (29) Written Communications (71) Report dated May 15, 1984, from the City Clerk, advising that the Chamber of Commerce is sponsoring the 15th Annual Miss San Juan Capistrano contest. Miss San Juan Capistrano and her two princesses represent the City at many important functions throughout the year. The contest and judging will take place on Thursday, May 24th, at the E1 Adobe Restaurant at 12:00 noon, during the General Membership meeting of the Chamber of Commerce. Four of the contestants were present and introduced themselves to Council. Committee Chairman Barbara Ralston advised of the community participation required of Miss San Juan Capistrano and her princesses and invited Council to attend the May 24th judging. Approval of Proclamation: Mayor Hausdorfer read the Proclamation in full and with the consensus of Council proclaimed the week of May 20 - 26, 1984, as Miss San Juan Capistrano Week. The City Clerk presented the Proclamation to Barbara Ralston. ORAL COMMUNICATIONS 1. SANTA MARGARITA WATER DISTRICT SEWAGE TREATMENT FACILITIES (79) The following persons addressed Council regarding the proposed Santa Margarita Water District Wastewater Treatment Facilities: (1) Patrick O'Brien, 31111 Via Madera, cited concerns regarding a general perception among residents that the Council has not done everything possible to solve the -2- 5/15/84 problem and suggested all Council Members attend the May 17th meeting at Marco Forster to show their support of the residents and to indicate that the Council and residents are together on the issue. Mayor Hausdorfer noted that a press release chronicling past and future City actions would be available following the meeting and that as many Council Members as possible would attend the Thursday meeting. (2) John Benevides, 31132 Via Cristal, stated that residents have not been kept informed of the status of the situation and additional press releases would be in order. (3) Marlene Draper, 31141 Via Cristal, presented a letter dated May 15, 1984, advising of the formation of the San Juan Residents Association and the hiring of the legal firm of Latham and Watkins to fight the proposed treatment plant. The letter requested financial assistance in an initial amount of $25,000 with the Association matching that amount by donations from concerned residents. CONSENT CALENDAR It was moved by Councilman Schwartze, 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: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated May 15, 1984, Warrant Register No. 84-112, in the total amount of $1,278,696.85, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (41) The City Treasurer's Report of Investments as of April 30, 1984, in the total amount of $7,715,000.00, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (41) The City Treasurer's Report advising there were no 1911 Act Bond Delinquencies as of April 30, 1984, was approved as submitted. -3- 5/15/84 126 4. CITY TREASURER'S REPORT OF FUND CASH BALANCES (41) The City Treasurer's Report of Fund Cash Balances as of April 30, 1984, was approved as submitted. 5. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (23) The Report dated May 15, 1984, from the Secretary of the Traffic and Transportation Commission, regarding actions taken at the meetings of April 11 and April 25, 1984, was ordered received and filed. 6. NOTICE OF COMPLETION, TRABUCO SEWER, LOS RIOS AREA (CAPPELLO CONSTRUCTION)(C80 (80) As set forth in the report dated May 15, 1984, from the Director of Public Works, the construction of the Trabuco Sewer Project in the Los Rios Area has been completed. Acceptance of Work: The following Resolution was adopted: ION NO. 84-5-15-1, COMPLETION OF LOS RIOS AREA SEWER (CAPPELLO CONSTRUCTION) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE LOS RIOS AREA TRABUCO SEWER (CAPPELLO CONSTRUCTION) The Resolution accepted the project as complete in the amount of $78,309.91, and directed the City Clerk to forward a Notice of Completion to the County Recorder. Payment status was as follows: Total Contract Price $78,309.91 Less 10% Retention 7,830.99 Previous Payment 68,344.20 Amount Due $ 2,134.72 7. CLAIM FOR DAMAGES (GOMEZ (35) As set forth in the report dated May 15, 1984, from the City Clerk, the Claim filed on May 1, 1984, by Attorney Robert P. Finn, on behalf of Catalina Gomez, for injuries allegedly sustained when the claimant was struck by a motor vehicle while crossing Camino Capistrano near La Zanja, was denied and referred to the City's Claims Adjuster, Carl Warren Insurance. -4- 5/15/84 ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT STATUS REPORT - SANTA MARGARITA WP 12'7 (79) This item was taken out of order on the Agenda for the benefit of the audience. Written Communications: Report dated May 15, 1984, from the Director of Community Planning and Development, citing specific topics in need of further discussion within the EIR and mitigation measures, as identified by the City staff and the City's consultant, Culp Wesner Culp. The report advised that the Water District scheduled a public meeting on May 17th at Marco Forster Junior High School to discuss the proposed project. The Planning Commission will review the matter again on May 22nd, and the City's response to the EIR is scheduled for review by the City Council on May 29th. The deadline for submittal of comments is June 4, 1984. Mayor Hausdorfer briefly cited past Council actions on the matter. He stated Council's continuing oppostion to both the Ortega North and the Ortega South sites, as well as the Oso Trabuco site, and advised that the City is doing everything possible, privately, publicly, and legally, to stop those three sites. The City will review its comments to the EIR on May 29th; the Santa Margarita Water District will consider comments and sites at a meeting scheduled on June 18th. Councilman Friess noted that there is not basis for legal action unless the process has not been followed and until all administrative processes have been exhausted. Councilman Bland noted that the final decision will be made by the Board of Supervisors and encouraged residents to continue their efforts and attend meetings at that level. With the concurrence of Council, Mayor Hausdorfer ordered the report received and filed. PUBLIC HEARINGS 1. APPEAL OF PLANNING COMMISSION DECISION - (39) Proposal: (67) Appeal of the Planning Commission's denial of Conditional Use Permit 84-3, a proposal to construct a private stable to keep and train show horses, on property located on approximately five acres at the northerly terminus of Peppertree Bend. The facility would include a 3,700 -square -foot residence, a 20 -horse -capacity barn with tack room, wash/groom areas, and office, and a -5- 5/15/84 128 3,000 -square -foot hay barn with groom's quarters. The present zoning is GM (Growth Management); all uses and structures are permitted by the AG (General Agricultural) District. The establishment of equestrian centers and stables require approval of a Conditional Use Permit. Surrounding uses include large estate residential to the east, south, and west, and a residential use in the GM _ District to the north. Applicant/Property Owner: Jimmy Kohn, 26803 Poveda, Mission Viejo, 92691. Written Communications: (1) Report dated May 15, 1984, from the Director of Community Planning and Development, forwarding a summary of Planning Commission concerns resulting in a denial of the project; and, a summary of staff findings resulting in a recommendation of approval. (2) Letter dated May 7, 1984, from Raymond C. Camero, 970 East Third Street, Los Angeles, 90013, in opposition to the proposed project. (3) Letter dated May 14, 1984, from Mr. and Mrs. Thomas Mason, 9961 Petunia Avenue, Fountain Valley, 92708, in opposition to the proposed project. (4) Mailgram dated May 14, 1984, from Charles V. Kaminskas, 2232 Southeast Bristol, Suite 203, Santa Ana, 92708, in opposition to the proposed project. (5) Letter dated May 15, 1984, from Norma Leach, 31964 Paseo Monte Vista, in oppostion to the project and resulting traffic. (6) Memo dated May 15, 1984, from the City Clerk, advising of telephone calls received in support of the Planning Commission's denial of the project. (7) Planning Commission Minutes dated April 10, 1984, regarding the project. (8) Xerox copy of the map showing an alternate stable location. Exhibits were on display and Tom Tomlinson, Senior Planner, made an oral presentation advising that, unlike normal commercial stables, Mr. Kohn's facility would be a privately owned and operated facility, not open to the public. He cited concerns expressed by residents, including odor, noise and manure management, and pointed out conditions of approval for mitigating concerns. The Director of Community Planning and Development cited Municipal Code provisions dealing with commercial stables and the requirement for a Conditional Use Permit. -6- 5/15/84 129 Public Hearing: Noticeeaving been given as required by law, Mayor Hausdorfer opened the Public Hearing and the following persons responded: (1) William Froeberg, 3553 Camino Mira Costa, San Clemente, attorney representing Mr. Kohn, presented photographs and advised that Mr. Kohn intended to raise and train Olympic show horses. The proposed facility would not be open to the public and horses would be sold at shows. He stated that Mr. Kohn purchased the property with the understanding that a Conditional Use Permit would not be needed; that when application was made for building permits, a Conditional Use Permit was required. He stated that traffic resulting from the project would be minimal and discussed fly and dust control and access to the property by Peppertree Bend and Oso. He stated the facility would be an asset to the community and urged granting of the Conditional Use Permit since the use was permitted under the present zoning subject to conditions, which had been imposed pursuant to the Municipal Code. (2) Shelly Usetter, 31701 Peppertree Bend, spoke in support of the project, citing the quality and cleanliness of Mr. Kohn's operations. (3) Tamara Stein, Attorney at Law, 500 Newport Center Drive, Newport Beach, spoke in opposition to the project on behalf of Keith and Kathy Powell, owners of Peppertree Bend Lot 1. She stated the only access to Mr. Kohn's property was across the Powell's property and that the recorded agreement was for single family purposes; in her opinion there would be no legal access to the property for commercial purposes. She noted health, safety, and environmental concerns associated with introducing a commercial operation into a residential area; cited commercial aspects of the proposal; and, stated concerns regarding use of the property under the Conditional Use Permit by subsequent owners. (4) Dudley Brand, 31585 Sacarama Lane, spoke in opposition to the project, stating that the operation would be incompatible with surrounding uses and zoning. He cited support for the equestrian lifestyle, but stated objections to the number and location of horses on the property; further, the proposal was not what the City envisioned as equestrian lifestyle. He suggested there would be better locations for a facility of this nature. (5) Jack Pike, 31589 Aguacate, spoke in opposition to the project, citing the number of restrictions imposed and the cost to monitor the facility for compliance. He stated a commercial venture would negatively impact the feeling and atmosphere of the neighborhood. -7- 5/15/84 130 (6) Carol Heim, 32012 Paseo de Hermosa, stated the concept of the project was good, but would be better located elsewhere. (7) Tom Hribar, 31911 Paseo Monte Vista, urged the Council to uphold the Planning Commission's denial, citing objections to traffic impacts. (8) Dr. Frank Arguello, 31681 Peppertree Bend, also representing Dr. Kasden, spoke in support of the Planning Commission action and cited concerns with the potential disease caused by manure and fly problems. (9) Robert Wish, 31531 Peppertree Bend, cited concerns with children walking to school along the access driveway and noted the ownership history of the lot resulting in use of the access rights without membership in the Bear Brand Homeowners Association. (10) Stephen Lindsay, 25092 Natama Court, Laguna Hills, owner of Peppertree Bend Lot 4, spoke in opposition to the project, stating objections to traffic and placement of a commercial facility in a residental area. (11) Joseph Weisz, 19791 Edgewood Lane, Huntington Beach, owner of Peppertree Bend Lot 3, cited opposition to placing a commercial facility in a residential area. (12) Gus Owen, 31401 Aguacate, stated that residents had informed Mr. Kohn that there would be opposition to his proposal. (13) Ann Parker, 31861 Peppertree Bend, cited concerns with impacts on property values and future owners of the proposed facility. (14) Charlotte Brown, 31541 Aguacate, cited opposition to introducing a commercial use into a residential neighborhood. (15) Mr. Froeberg responded to various comments. He stated that the project is commercial only to the extent that Mr. Kohn derives a profit from sale of the horses, stressing that the facility is private and that Mr. Kohn owns every horse. He stated that recorded documents give Mr. Kohn access to the property. He advised that heavy equipment would include feed, manure, and hay trucks; he described the visual perception of the property after landscaping was installed. There being no further response, Mayor Hausdorfer closed the Hearing with the right to re -open at any time. ;t -8- 5/15/84 Council Discussion: Council discussed concerns with placing a commercial use in an already established neighborhood; compatibility of such a facility with surrounding areas; problems with monitoring activities; and possible burdens placed on the neighboring area. Discussion also included the intensity of the use and the zoning of the property in relation to surrounding property. Council stated that the quality of the facility and intent of the applicant were excellent and would be an asset to the City; however, in this particular location, the use would not be compatible with the surrounding area. Councilman Buchheim stated a willingness to support a rezone of the property if Mr. Kohn had a hardship. Planning Commission Decision Upheld: It was moved by Councilman Bland, seconded by Councilman Friess and unanimously carried to uphold the Planning Commission's decision to deny Conditional Use Permit 84-3; and, if Mr. Kohn was misled, to refund any fees paid in conjunction with the Conditional Use Permit process. Negative Declaration: It was moved by Councilman Bland, seconded by Councilman Friess and unanimously carried to certify the issuance of a Negative Declaration. 2. TENTATIVE PARCEL MAP 81-856 (KEELE) (85) This item was referred back to the Planning Commission at the request of the applicant. 3. REZONE 84-2, TENTATIVE TRACT 11753, AND SPECIFIC PLAN 84-1 - CAPISTRANO PARTNERS/HUNT CLUB (95) Proposal: (85) Consideration of a tentative tract map and composite development plans, including grading and landscape plans, a specific plan for placement of residential units with variable setbacks, architectural design solutions for both manufactured and natural slope conditions, as well as design regulations for accessory structures and uses. Also included was a zone change for Lots 37 and 38 to increase their minimum lot size from one acre to four and 25 acres, respectively. The project is located within the Hunt Club neighborhood at the rear of Tract 6305. Surrounding uses include residential custom estates to the north, east and south, and the vacant Ranch property to the west. The present zoning is 90 EL (20,000), 90 EL, and EL (Large Estate). Applicant: Capistrano Partners, 27942 Suffolk Lane, San Juan Capistrano. -9- 5/15/84 132 Written Communications: Report dated May 15, 1984, from the Director of Community Planning and Development, forwarding background information and recommendations of approval from the Planning Commission and staff. Exhibits were on display and Tom Tomlinson, Senior Planner, made an oral presentation, noting that the rezone of Lots 37 and 38 resulted in a reduction of 8 lots from the previously approved growth management application. He discussed measures taken to resolve problems previously experienced, including restriction of the building unit to the manufactured area of the individual lot and elevation problems between residential and accessory structures. He pointed out conditions of approval, including a prohibition on subdividing Lots 1-38 and review of landscape plans by an arborculturalist. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing and the following person responded: (1) Scott Sheridan, 455 North Las Palmas, Los Angeles, applicant, addressed Condition 14 prohibiting future subdivision of Lots 1-38. He advised that the nine lots were combined due to landslide problems encountered when developing plans for the secondary access; that their intent had been to combine the lots only for the time being, recognizing that if a more feasible access point became available, the lot could be again subdivided. He stated there would be no problem restricting subdivision of Lots 1-37; however, he requested there be no permanent restriction placed on Lot 38. In response to Council, Dee Tyler, representing the Planning Commission, cited the Commission's concerns and reasons for placing the restriction and advised that in their opinion they were following the Hunt Club's intent with regard to those lots. There being no further response, Mayor Hausdorfer closed the Hearing with the right to re -open at any time. Single EIR: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to find that the previously certified Focus Environmental Impact Report addresses the environmental impacts of the project, and determine that it qualified for use of a single EIR. -10- 5/15/84 133 Approval of Tentative Tract 11753: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 84-5-15-2, TENTATIVE TRACT 11753 (HUNT CLUB) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 11753 The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None Specific Plan 84-1: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 84-5-15-3, SPECIFIC PLAN 84-1 (HUNT CLUB) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING SPECIFIC PLAN 84-1 (HUNT CLUB) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None The Resolution approved the Composite Development Plans consisting of the specific plan (setbacks, architectural design concept), grading plan, and landscape plan. Rezone 84-3 TheCity 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, seconded by Councilman Buchheim that the following Ordinance be introduced: ORDINANCE NO. 511, REZONE 84-2 (CAPISTRANO PARTNERS/HUNT CLUB) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF LOTS 37 AND 38 OF TENTATIVE TRACT 11753 FROM EL (LARGE ESTATE) TO EL(4) AND EL(25), RESPECTIVELY (CAPISTRANO PARTNERS/HUNT CLUB) -11- 5/15/84 134 The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None Modification of Condition #14: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to direct staff and the applicant to prepare alternate verbiage to Condition No. 14, Resolution No. 84-5-15-2, as presented, for review by the Planning Commission and return to City Council. ORDINANCES 1. ADOPTION OF ORDINANCE NO. 509 - AMENDMENT TO REDEVELOPMENT PLAN (68) Written Communications: (55) Report dated May 15, 1984, from the City Clerk, advising that the Ordinance was introduced at the meeting of May 1, 1984, and was scheduled for adoption. Adoption of Ordinance: 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 Friess, seconded by Councilman Buchheim that the following Ordinance be adopted: ORDINANCE NO. 509, AMENDMENT TO REDEVELOPMENT PLAN FOR THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA AND APPROVING THE NEGATIVE DECLARATION The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Schwartze ABSENT: None -12- 5/15/84 2. (23) Written Communications: (55) Report dated May 15, 1984, from the City Manager, forwarding amendments to the Municipal Code to expand the membership of the Cultural Heritage Commission from five to seven members; to expand the duties to include promoting an awareness and appreciation for the City's cultural and historical significance through preservation and promotion of cultural arts; and, to revise the title to reference the newly expanded scope. Adoption of Ordinance: The City Attorney read the title of the Ordinance next in order. Further reading of all Ordinances was waived earlier in the meeting. It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following Ordinance be adopted: NO. 510 TITLE 2 OF THE SSION — AN VI(L1N1RNl.r. Vr lnG 1. Ix yr oto" use l ♦.air i.i..a-,•.v, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2, ARTICLE 3, OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE - CULTURAL ARTS AND HERITAGE COMMISSION (URGENCY) The motion carried by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Schwartze, and Mayor Hausdorfer NOES: None ABSENT: None The Ordinance took effect immediately, the nature of the urgency relating to the necessity of creating a fully -constituted Commission able to deliberate and make recommendations upon items to be presented at a regular Commission meeting set for May 24, 1984. RECESS AND RECONVENE Council recessed at 9:10 p.m., and reconvened at 9:26 p.m. Council recessed at 9:26 p.m., to convene the San Juan Capistrano Community Redevelopment Agency and reconvened at 9:29 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. 1984-89 BUDGET REVIEW SCHEDULE (24) Written Communications: Report dated May 15, 1984, from the City Manager, forwarding a proposed schedule for Council consideration of the -13- 5/15/84 136 Five -Year 1984-89 City Budget, beginning with a budget presentation on June 5, 1984, and culminating in budget adoption on June 26, 1984. It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to receive and file the report. DIRECTOR OF ADMINISTRATIVE SERVICES RENEWAL OF AGREEMENT (HEAD START) (38-#261 (38) Written Communications Report dated May 15, 1984, from the Director of Administrative Services, forwarding a request from the Executive Director of the Orange County Head Start, Inc., to renew the lease for use of City property for another three-year period, and to make improvements to areas surrounding the Head Start Facility. The proposed agreement will require a $1 per year payment; $1,000 per year payment for use of the fenced portion of Descanso Park; payment of utility costs; $1,000,0000 liability coverage; and, a 90 -day option to terminate. Concept Approval: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve in concept the proposal submitted by Head Start and to direct staff to prepare a new lease agreement for a three-year term. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT 1. ARCHITECTURAL CONTROL 83-3, FINAL LANDSCAPE PLAN (68) Written Communications: (1 Report dated May 15, 1984, from the Director of Community Planning and Development, forwarding revised landscape and irrigation plans for Council consideration, pursuant to a condition of approval of Architectural Control 83-3. The report recommended approval subject to modifications on the front portion of the site, in conformance with Condition No. 7.d., Resolution No. 83-10-6-1, and additions as recommended by the Architectural Board of Review. (2) Letter dated May 14, 1984, from Everett E. Berg, Owner, Senior Living, 1900 Powell Street, Suite 460, Emeryville, California, 94608, in opposition to added requirements regarding the front portion of the site. -14- 5/15/84 Exhibits were on display and the Director of Community Planning and Development made an oral presentation, advising that at the time of approval of AC 83-3, the front portion had not been separate from the project; however, the intent had been that the lots could be separated. He further noted that it was customary to require street trees and street frontage landscaping. Tom Tomlinson, Senior Planner, noted changes in required planting and advised that off-site landscaping conditions would require landscaping between San Juan Creek Road and the project. Approval gof Plans: Followindiscussion, it was moved by Councilman Buchheim, seconded by Councilman Bland and unanimously carried to approve the landscape and irrigation plans as presented by the applicant. PROPOSED EARTH STOCKPILE PLAN - BATHGATE RANCH (25) Written Communications: Report dated May 15, 1984, from the Planning and Development, advising continued from the meeting of May 1 applicant to allow for preparation plans. No plans were submitted and the item be tabled and rescheduled Councilman Schwartze left the Chamber. Director of Community that the item was at the request of the of additional alternate the report recommended if plans were submitted. Exhibits were on display and the Director of Community Planning and Development noted that the applicants had advised him of their intent to ask for approval of the small stockpile at the northeast corner of the property for use by the Oso Creek Improvement Project contractor. He conveyed the Planning Commission's feeling that no stockpile be permitted without a development plan. Bob Mickelson, 3823 Cassel Avenue, Orange, advised of the need for a staging area for the Oso Creek project to support equipment for the underground facility and for replacement of the Bathgate bridge. Elmer Christiansen, 32432 Alipaz Street, Suite N, San Juan Capistrano, presented and discussed drawings of the proposal for the northeast corner of the property, noting the shape was determined by permission given to remove the first five rows of trees. The area would encompass approximately one acre and would be used for truck parking, storage and any necessary construction to produce the bridge and structure in the City over a period of approximately three months. Mr. Mickelson cited a willingness to submit plans to the Environmental Review Board if concept approval were given; that landscaping could be replaced at the completion of the project; that time was of the essence. Discussion ensued and Council indicated a willingness to approve the proposal as a fill with subsequent regrading and relandscaping. -15- 5/15/84 138 Approval of Fill: Following suggestions by the and Development, it was moved seconded by Councilman Bland Councilman Schwartze absent, approximately one acre at the Bathgate Property subject to Director of Community Planning by Councilman Buchheim, and unanimously carried, with to approve the fill of northeast corner of the the following conditions: (1) that design and contouring of the fill be reviewed by the Environmental Review Board; (2) that prior to issuance of a grading permit, a relandscaping concept for ultimate use of the area be approved by the Planning Department; and, (3) that use of the area by heavy construction equipment be terminated within 30 days of completing work in the vicinity of the Bathgate bridge. Councilman Schwartze returned to the Chamber and resumed his duties. DIRECTOR OF PUBLIC WORKS 1. SURETIES FOR PUBLIC IMPROVEMENTS AND LANDSCAPING, TRACTS 10103, 11093, 11094, AND 11095 (GOEDEN COMPANY)(38-#338) (38) Written Communications: (85) 1 Report dated May 15, 1984, from the Director of Public Works, noting that the Subdivision Agreement had been renewed on May 17, 1983, for a one-year period for installation of improvements and advising that the Goeden Company had requested completion of the public improvements with an assessment district and private funding of the balance of improvements. The Goeden Company stated they would deposit $30,000 for the purpose of funding the processing of an assessment district. The report advised that the Subdivision Agreement provided authority to extend the period for installation of improvements; therefore, with a time extension, an assessment district could be commenced and if unsuccessful, then the bonds could be called. The report listed bonds subject to call, including a landscaping letter of credit from Western Home Mortgage, in the amount of $611,479, for installation of common area landscaping and improvement of the recreation building. The report further advised that staff had established a requirement to exclude existing homeowners from bond assessments. (2) Memo dated May 14, 1984, from the Director of Public Works, forwarding letters from the Goeden Company transmitting the requested $30,000 deposit and assuring maintenance of the tracts. -16- 5/15/84 139,. (3) Letter dated May 15, 1984, from Lynne Biscieglia, President, Western Home Mortgage, 12443 Lewis Street, Second Floor, Garden Grove, 92640, stating no knowledge of the letter of credit and requesting a copy of the item for further investigation of their files. The Director of Public Works noted the staff recommendations and advised that the Goeden Company had met the conditions regarding the $30,000 cash deposit and submittal of a letter pledging on-going maintenance. A rova1 of Time Extension: Fo lowing discussion, it was moved by Councilman Buchheim, seconded by Councilman Bland and unanimously carried that prior to calling the improvement bonds, the City Engineer be authorized to extend the period of time for completion of public improvements in Tracts 10103, 11093, 11094, and 11095 to July 17, 1984, subject to the conditions that the Goeden Company shall: (1) submit a $30,000 cash deposit by Monday, May 14, 1984, for City administrative and consultant services for processing an assessment district to construct public improvements; (2) submit by May 14, 1984, a letter from a responsible agent of Goeden Company pledging on-going maintenance of the project and assuring that financial resources are available for that effort; and, (3) prepare a performance agreement to demonstrate the orderly progress of all required improvements which will delineate both the time and costs of those improvements. The agreement will include financial guarantees by a valid financial institution as to their obligation of the improvements costs. The agreement is to be submitted for content and form available to the City by June 15, 1984, and be fully executed by both the financial institution and other responsible parties by June 29, 1984. Should the conditions be fully met, it shall be recommended that the City Council, on July 17, 1984, give favorable consideration to further bond extensions. The Director of Community Planning and Development was directed to inform Western Home Mortgage that the set aside letter held by the City for landscaping and recreation center improvements shall be subject to collection dependent on performance in installation of improvements and meeting the conditions set forth. The City's legal access to the funds is to be confirmed. -17- 5/15/84 140 DIRECTOR OF RECREATION 1. WINTER RECREATION ACTIVITIES REPORT - 1984 (62) Written Communications: Report dated May 15, 1984, from the Director of Recreation, forwarding the Recreation Activities Report for Winter, _ 1984. The report provided a breakdown of adult and youth classes, senior citizen activities, special events, and facility rentals. With the concurrence of Council, Mayor Hausdorfer ordered the report received and filed. COMMISSIONS, BOARDS, COMMITTEES PLANNING COMMISSION 1. REPORT OF ACTIONS (67) The Report dated May 15, 1984, from the Director of Community Planning and Development, advising of actions taken by the Planning Commission at their meeting of May 8, 1984, was ordered received and filed. EQUESTRIAN COMMISSION 1. EQUESTRIAN FEEDER TRAILS POLICY (62) This item was withdrawn from consideration and rescheduled (69) for the meeting of June 5, 1984. COUNCIL REMARKS 1. GENERAL PLAN PRESENTATIONS (46) Councilman Friess cited a memorandum from the City Manager regarding viewing of the General Plan Audio -Visual Presentation by community groups. He suggested that Council and Commission representatives appear at scheduled community meetings and volunteered to attend the June 7th meeting of the Historical Society. 2. STABLE FACILITIES/CONDITIONAL USE PERMITS (39) Councilman Friess noted problems resulting from a party of (62) a commercial nature held at the Good Time Stables on May 5th and requested a review of the Conditional Use Permit and recovery of Sheriff costs. 3. GRAFFITI (72) Councilman Friess requested an off -agenda report regarding the graffiti on buildings at the south end of E1 Camino Real Park. -18- 5/15/84 141 4. MISSION PARK HOMEOWNERS ASSOCIATION (61) Councilman Friess suggested a response be made to a letter dated May 4th, from Michael Teichner, President, Mission Park Homeowners Association, regarding drainage problems at Via Sonora and Paseo Barranca. 5. VEHICLE REPAIR (72) Councilman Friess was advised that staff has taken action regarding a truck repair and welding operation near the Forster House. 6. TREE PRESERVATION (74) Councilman Bland requested review of tree cutting on the Romer property at Del Obispo and Calle Aspero. 7. CALIFORNIA ASSOCIATION FOR BLIND ATHLETES (61) Mayor Hausdorfer cited a letter dated May 8, 1984, from (76) Charles Buell, President, California Association for Blind Athletes, requesting financial support for John Morgan, who will be representing the United States at the National Championship for the Blind in New York from June 16 to June 30, 1984. It was moved by Councilman Friess, seconded by Councilman Bland and unanimously carried to authorize a contribution of $500; staff was directed to prepare a letter to the Mayor of Huntington Beach requesting an in-kind contribution. CLOSED SESSION Council recessed to a Closed Session at 10:33 p.m., for discussion of legal matters, the City Clerk being excused therefrom, and reconvened at 11:23 p.m. COUNCIL ACTIONS REQUEST FOR LEGAL SERVICES (SANTA MARGARITA WATER DISTRICT (79) It was moved by Councilman Buchheim, seconded by Councilman (76) Schwartze and unanimously carried to direct staff to draft a response to the request by the San Juan Residents' Association for retention of an attorney; if necessary, the City will retain its own counsel. -19- 5/15/84 142 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 11:25 p.m., to the next meeting date of Tuesday, May 22, 1984, at 7:00 p.m., in the City Council Chamber for discussion of the Report of Decision of the Mobile Home Park Committee (Villa San Juan). Respectfully submitted, r- -20- 5/15/84