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
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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
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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.
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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.
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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
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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.
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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.
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(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.
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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.
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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.
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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)
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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-
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