84-0918_CC_Minutes_Regular Meeting289,
SEPTEMBER 18, 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 7:00 p.m., in the City Council Chamber, followed by the Pledge
of Allegiance to the Flag. Invocation was given by Reverend
Steven Marsh, Community Presbyterian 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
STAFF PRESENT: Lo
Mary Ann Hanover,
G. Boone, Director
Director of Public
Community Planning
Secretary.
MINUTES
ABSENT: None
retta Zimmerman, Assistant to the City Manager;
"-ity Clerk; John R. Shaw, City Attorney; Robert
of Administrative Services; William D. Murphy,
Works; Thomas G. Merrell, Director of
and Development; Cheryl Johnson, Recording
Regular Meeting of September 4, 1984:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the Minutes of the Regular Meeting of September 4,
1984, be approved as submitted. The motion carried by the
following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, 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- 9/18/84
CONSENT CALENDAR
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, 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 September 18, 1984, Warrant
Register No. 85-032, in the total amount of $399,455.52, was
approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
(41) The City Treasurer's Report of Investments as of August 31,
1984, in the total amount of $7,455,000.00, 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 August 31, 1984, was approved as
submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES
(41) The City Treasurer's Report of Fund Cash Balances as of
July 31, 1984, was approved as submitted.
5. REPORT OF EQUESTRIAN COMMISSION ACTIONS
(23) The Report dated September 18, 1984, from the Secretary of
the Equestrian Commission, regarding actions taken at the
meeting of September 11, 1984, was ordered received and
filed.
PUBLIC HEARINGS
1. ORANGE COUNTY SOLID WASTE MANAGEMENT PLAN
(45) Proposal:
Public Hearing held in accordance with State law to review a
plan prepared by Orange County for management of solid waste
throughout the County. The Plan was prepared in response to
State mandate and addresses such aspects of solid waste
handling as regulations for waste storage, the collection
-2- 9/18/84
291
system, resource recovery, area -wide solid waste management
systems (public and private), and an enforcement plan for
vehicular inspection and facilities operations.
Applicant:
This was a City -initiated Hearing.
Written Communications:
Report dated September 18, 1984, from the Director of Public
Works, setting forth concerns regarding future traffic
impacts associated with the Prima Deshecha disposal site;
mitigation of local problems such as litter control and
illegal dumping within the City due to the proximity of the
disposal site; failure to identify future landfill sites or
to assure favorable negotiations for new sites and/or
extended life of existing sites; and, lack of information
regarding hazardous waste handling. The report recommended
the City not approve the Plan due to the major impacts that
would directly affect San Juan Capistrano.
The Director of Public Works made an oral presentation,
noting the main concerns regarding traffic and litter
impacts on Ortega Highway and lack of information regarding
the County's plan for handling hazardous waste. Councilman
Buchheim stated that residents should be aware of the fact
that closure of other County landfills is imminent; that
Prima Deshecha may be designated to serve the majority of
the County; and, unless additional routes are designated and
constructed, the City will bear increased traffic impacts.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and, there being no
response, closed the Hearing with the right to re -open at
any time.
City's Response to Plan:
It was moved by Councilman Schwartze,
Buchheim, and unanimously carried to
Orange County Solid Waste Management
the Mayor to sign a letter notifying
Supervisors of the City's position.
2. REZONE 84-4 - PREZONE OF
LOCATED NORTH OF THE CITY
seconded by Councilman
formally disapprove the
Plan and to authorize
the Board of
FOR PROPERTIES
ED BULL AREA
(21) Proposal:
(95) Review of proposed prezoning and specific plans for the
"Spotted Bull" annexation. The annexation petition from
Spotted Bull Residents was reviewed by Council on July 3,
1984, and referred to the Planning Commission for report and
recommendation. The area includes the Spotted Bull
residential neighborhood, the Montessori School, and vacant
parcels bounded by Via Escolar on the north; Spotted Bull,
-3- 9/18/84
292
Country Hills Estates, and the Coast Bible Church on the
east; the Montessori School on the south; and, I-5 on the
west.
Applicant:
Residents of the Spotted Bull area.
Written Communications:
(1) Report dated September 18, 1984, from the Director of
Community Planning and Development, discussing land use
compatibilities and proposed zoning for the properties.
The report advised that staff had recommended to the
Planning Commission the adoption of an IP
(Institutional and Public) prezoning and, as a possible
alternate zoning, consideration of PD (Planned
Development) zoning. The PD zoning would provide
assurances regarding permitted uses to owners of the
vacant properties; however, under current Municipal
Code regulations, such zoning must be tied to a
Specific Development Plan. The report suggested
initiation of a Municipal Code Amendment to provide for
use of PD Zoning subject to future approval of a
Specific Development Plan. The report also recommended
RA(1) (Small Farm, minimum 1 -acre lot size) for the
Spotted Bull residential area and adoption of a Specific
Plan to allow measurement of side yard setbacks in the
same manner as present County zoning and to provide an
equestrian trail linkage to the City's trail system.
Letters of opposition from Daniel J. Possnack of
Chaarani and Associates, Inc., 1810 East Seventeenth
Street, Santa Ana, 92701 and Peter Bingley of Nu -West,
Inc., 1855 West Katella Avenue, Suite 380, Orange,
92667 were attached to the Staff report.
(2) Letter dated September 12, 1984, from Walter W. Popoff,
828 Sea Turf Circle, Solana Beach, 92705, owner of
property located at 29000 Camino Capistrano, in
opposition to the annexation.
The Director of Community Planning and Development advised
that the matter being considered was only an intent to
establish zoning in the event that annexation occurred, as
allowed by State law. Larry Lawrence, Senior Planner, made
an oral presentation, discussing the proposed zoning for the
residential and vacant areas and the need for an amendment
to the Municipal Code.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and the following
persons responded in opposition to the proposed annexation:
-4-
9/18/84
293.
(1) Daniel J. Possnack, 25664 Palomino Drive, Chino, Vice
President of Chaarani & Associates, Inc., representing
Mr. A. Abdelmuti, advised that the property owner had
already obtained approvals from County governmental
agencies and expressed the hope that the City would act
fairly and equitably in allowing the owner to exercise
the land uses obtained.
(2) Chuck Fester, Laguna Beach, representing adjacent
property owners, stated support for the proposed PD
zoning in the event annexation occurs. He advised
that permits had been issued by the County for
development of an office/business park and cited
concerns regarding duplication of fees and
administrative processing.
There being no further response, Mayor Hausdorfer closed the
Hearing with the right to re -open at any time.
Mayor Hausdorfer advised that it was not the intent of the
City to deprive property owners of rights obtained through
the County; that the City would work to make a smooth
transition. In response to Councilman Bland, the Director
of Community Planning and Development advised that in the
past the City had respected permits and associated fees
required by the County and would make an effort to avoid
duplication in this instance.
Negative Declaration:
It was moved by Councilman Friess, seconded by Councilman
Schwartze, and unanimously carried to confirm the findings
of the Environmental Review Board and order the issuance of
a Negative Declaration for the prezoning and specific plan.
General Plan Consistency:
It was moved by Councilman Friess, seconded by Councilman
Schwartze, and unanimously carried to find that the
prezoning and specific plan are consistent with the goals
and policies of the General Plan.
Specific Plan 84-1:
It was moved by Councilman Friess, seconded by Councilman
Schwartze, that the following Resolution be adopted:
RESOLUTION NO. 84-9-18-1, SPECIFIC PLAN 84-
RUr.r,) - A RESOLUTION OF THE CITY COUNCIL OF
SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING SPECIFIC PLAN
84-1, ESTABLISHING SIDE YARD SETBACKS AND AN EQUESTRIAN
TRAIL LINKAGE FOR THE "SPOTTED BULL" RESIDENTIAL AREA
-5- 9/18/84
29T
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution provides for the retention of existing side
yard setbacks and a future equestrian trail linkage for the
area.
Prezoning:
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 Schwartze, that the following
Ordinance be introduced:
ORDINANCE, REZONE 84-4 (SPOTTED BULL PREZONING) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP BY
PREZONING CERTAIN PROPERTY NORTH OF THE PRESENT CITY
LIMITS
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Ordinance prezones the annexation area to RA(1) for the
Spotted Bull area, IP for the Montessori School, and PD for
the undeveloped parcels north of the Spotted Bull area.
Amendment to Municipal Code:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, and unanimously carried to initiate consideration
of an amendment to the Municipal Code PD District
regulations and to refer the item to the Planning Commission
for report and recommendation; and, to direct that adoption
of the prezoning ordinance be delayed until Council receives
the Planning Commission recommendation on the PD Municipal
Code amendment.
3. REZONE 84-5 - PREZONING FOR WISH-CAMERO ANNEXATION
(21) Proposal:
(95) Review of proposed zoning for the Wish-Camero Annexation.
The request was reviewed by Council on July 3, 1984, and
referred to the Planning Commission for report and
-6- 9/18/84
295
recommendation. The area consists of two properties,
totaling approximately nine acres, located above Peppertree
Bend.
Applicants:
Robert L. Wish, 2232 S. E. Bristol, Suite 203, Santa Ana,
92707; Raymond C. Camero, 970 East Third Street, Los
Angeles, 90013.
Written Communications:
Report dated September 18, 1984, from the Director of
Community Planning and Development, recommending adoption of
an EL(4) (Large Estate, minimum 4 -acre lot size) prezoning.
Larry Lawrence, Senior Planner, made an oral report, noting
the proposed prezone would permit equestrian uses, but would
prohibit commercial stables; that the keeping of small farm
animals would not be permitted without a conditional use
permit. He advised that the request for annexation was made
in order to obtain sewer service through the City.
Councilman Buchheim cited drainage concerns and inherent
problems when annexation is requested after County permits
are issued and grading commenced.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing and, there being no
response, closed the Hearing with the right to re -open at
any time.
Negative Declaration:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, and unanimously carried to issue a Negative
Declaration for the prezoning.
General Plan Consistency:
It was moved by Councilman Schwartze, seconded by Councilman
Friess, and unanimously carried to find that the prezoning
is consistent with the goals and policies of the General
Plan.
Prezoning:
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 Schwartze, that the following
Ordinance be introduced:
ORDINANCE NO. 519, REZONE 84-5 (WISH-CAMERO PREZONING)
- AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMMENDING THE OFFICIAL ZONING MAP BY
PREZONING ASSESSOR'S PARCEL NOS. 121-090-09,
121-090-12, AND 121-090-20 AS EL(4)
-7- 9/18/84
296
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
(21) Future Applications for Annexation:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to direct staff to contact
owners of the remaining pieces of property below the
ridgeline in the Bear Brand Ranch to request that
application for annexation be made prior to obtaining
permits from the County, thereby assuring the right to use
the City's sewer and water facilities.
ORDINANCES
1. AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - CITY-WIDE SPEED
LIMIT ANALYSIS STUDY
(87) This item was held over for further review.
RESOLUTIONS
1. REDEVELOPMENT PLAN AMENDMENT 84-1 - CONSENTING TO JOINT
PUBLIC HEARING WITH THE COMMUNITY REDEVELOPMENT AGENCY
(68) Written Communications:
Report dated September 18, 1984, from the Director of
Community Planning and Development, advising that pursuant
to California Community Redevelopment Law, a joint public
hearing must be conducted with the Community Redevelopment
Agency on Redevelopment Plan amendments being considered.
The joint hearing will be scheduled for the meeting of
January 15, 1985.
Joint Hearing:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO. 84-9-18-2, PROPOSED REDEVELOPMENT PLAN
AMENDMENT 84-1 - JOINT PUBLIC HEARING - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONSENTING TO A JOINT PUBLIC HEARING ON
PROPOSED REDEVELOPMENT PLAN AMENDMENT 84-1 FOR THE SAN
JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AND
AUTHORIZING PUBLICATION AND MAILING OF NOTICE OF JOINT
PUBLIC HEARING
-8- 9/18/84
The motion carried by the following vote: 2 9
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution consents to a joint hearing with the Community
Redevelopment Agency and directs the City Clerk to publish
and mail the Notice of the Hearing.
2. BUDGET AMENDMENTS, 1983-84 FISCAL YEAR
(24) Written Communications:
Report dated September 18, 1984, from the Director of
Administrative Services, forwarding a Resolution amending
the 1983-84 fiscal budget to fund appropriations for account
overruns and to confirm previously approved amendments as a
result of employee negotiations, available funding sources
for capital and special projects, and various legal
decisions. The amendments reflect additional appropriations
in the amount of $761,449.
Amending 1983-84 Fiscal Budget:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
LUTION NO. 84-9-18-3, AMENDING THE 1983-84 FISCAL
ET AND AUTHORIZING APPROPRIATIONS - A RESOLUTION OF
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
FnRNTA_ AMENDING THE 1983-84 FISCAL BUDGET AND
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
3. GIFT TO THE CITY - MONTANEZ ADOBE (DUNIVIN)
(23) Written Communications:
(73) Report dated September 18, 1984, from the Director of
Administrative Services, advising that the Community
Redevelopment Agency is currently in the process of
purchasing the Dunivin property on Los Rios Street and that
as a condition of the purchase, the Dunivins have elected to
donate the Montanez Adobe to the City. The report advised
that the City currently has a long-term lease on the
property for preservation purposes and will continue to pay
for maintenance and security of the property.
-9- 9/18/84
Acceptance of Gift:
It was moved by Councilman Bland, seconded by Councilman
Friess, that the following Resolution be adopted:
1lUN1V1N.1 (MUNTANI�G avubz) - H MNSULU'1'1UN UP' '17ll'i
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING GRANT DEED FROM DUNIVINS REGARDING ASSESSOR'S
PARCEL NO. 121-143-14 (MONTANEZ ADOBE)
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution accepts the Grant Deed for
authorizes execution of appropriate legal
recording of the Deed following close of
BIDS, CONTRACTS, AGREEMENTS
1.
the property and
documents and
escrow.
(80) Written Communications:
Report dated September 18, 1984, from the Director of Public
Works requesting approval of plans and authorization to
receive bids for correction of drainage problems in the
cross gutter at the intersection of Via Sonora and Paseo
Barranca. Funds in the amount of $13,000 were budgeted in
the 1984-85 Budget, Account No. 06-4716-508; the Engineer's
Estimate for the work was $10,400.
Approval of Plans/Call for Bids:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried to approve the plans and
specifications for the Via Sonora/Paseo Barranca Drainage
Improvements and to authorize a call for bids.
2. RENEWAL OF 3 -YEAR PARTICIPATION AGREEMENT WITH ORANGE COUNTY
(38-#85)
(38) Written Communications:
(89) Report dated September 18, 1984, from the Director of
Community Planning and Development, advising that in order
for the City to remain eligible for Urban County Community
Development Block Grant monies for the next 3 -year period,
1985, 1986, and 1987, the existing cooperation agreement
with the County of Orange must be extended to the period
ending June 30, 1988. A Resolution approving the City's
participation was forwarded for consideration.
-10- 9/18/84
299
Renewal of Agreement:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, to approve the Cooperation Agreement with the
County of Orange to June 30, 1988, by the adoption of the
following Resolution:
RESOLUTION NO. 84-9-18-5, THREE-YEAR PARTICIPATION
AGREEMENT WITH THE COUNTY OF ORANGE - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE
HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WITH THE COUNTY OF ORANGE
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Mayor and City Clerk were authorized to execute the
agreement on behalf of the City.
3. LEASE AGREEMENT - MISSION TRAILS CORRAL
.1n .ten
(38) Written Communications:
(62) Report dated September 18, 1984, from the Director of
Community Services, forwarding an agreement with Mission
Trails Stable for operation of a stable on Lot A of Tract
8485. The term of the lease will run for three years, with
an option to renew for two more years. The boarding fee
will be set at $105 per month; with the City receiving a
rental fee of $10 per horse and funds to be deposited in the
City's General Fund. The report further noted that any
improvements made must be consistent with the approved C.
Russell Cook Park Stable Improvement Plan.
The Director of Community Services made an oral report
noting that rather than the two separate stables previously
operating on the property, Mission Trails Corral will now
utilize the entire area.
Approval of Lease:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to approve the lease
agreement between the City and Mission Trails Corral for
boarding of horses on the equestrian portion of C. Russell
Cook Park for a three-year term, with an option to renew for
two more years. The Mayor and City Clerk were authorized to
execute the agreement on behalf of the City.
-11- 9/18/84
300
RECESS AND RECONVENE
Council recessed at 7:40 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:42 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. REPORT OF DECISION - MOBILE HOME PARK REVIEW COMMITTEE
(CAPISTRANO TERRACE MOBILE HOME PARK)
(23) Written Communications:
Report dated September 18, 1984, from the Secretary to the
Mobile Home Park Review Committee, forwarding a resolution
specifically stating findings and determinations made by
Council with respect to the Petition of Residents from the
Capistrano Terrace Mobile Home Park, as directed by Council
at the meeting of September 4. The Resolution allows a 1982
rental increase of approximately 17.5% imposed upon 64
residents; requires that a 1983 increase imposed on
approximately 38 residents be reduced to 2.1% from 14%; and,
requires the park owner to develop and submit for City
approval within 15 working days a repayment plan to
reimburse affected residents for excess rental payments.
The City Attorney made an oral report, further advising that
the resolution makes clear that there shall be no separate
surcharge as a result of the installation of fire hydrants.
Decision Regarding Petition:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, that the following Resolution be adopted:
AbbuUTATIUN t(r; RENTAL 1Nl:ALAbNb - A AhbULUTIUN Uk TME
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, RENDERING A DECISION REGARDING A PETITION
BY THE CAPISTRANO TERRACE MOBILE HOME PARK HOMEOWNERS
ASSOCIATION PROTESTING RENTAL INCREASES
The motion carried by the following vote:
AYES: Councilmen Friess, Bland, Buchheim,
Schwartze, and Mayor Hausdorfer
NOES: None
ABSENT: None
-12- 9/18/84
301
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. PUBLIC ART PROGRAM
(69) This item was removed from the Agenda for further review.
2. REQUEST FOR OCCUPANCY PERMITS,_ TRACT 11094 (SECURITY FEDERA
SAVINGS) - APPEAL HEARING
(25) Owner/Applicant:
(85) American Federal Savings and Loan of Iowa (Owner), Security
Federal Savings (Applicant), 12221 Brookhurst Street, P. O.
Box 3140, Garden Grove, 92642.
Written Communications:
Report dated September
Community Planning and
Federal Savings and Loa
in the Goeden tract ane
to issue certificates c
requirements to be met
permits.
18, 1984, from the Director of
Development, advising that American
n was owner of the seven model homes
had appealed the Departments refusal
f occupancy. The report set forth
prior to issuance of the occupancy
Exhibits were on display and the Director of Community
Planning and Development made an oral presentation,
discussing the deficiencies staff felt should be corrected.
The City Attorney stated that from a legal point of view the
recommendations were fair and reasonable.
Applicant Input:
Gary Long, representing Security Federal Savings, 611 Anton
Boulevard, Costa Mesa, cited background information leading
to the ownership of the seven model homes by American Federal
Savings and Loan. He noted that the tract was planned for
118 single-family residences; 35 homes had been built, of
which five were occupied, seven were the model homes, and 23
were vacant and in foreclosure proceedings by Bank of
America. He advised that the remaining 83 lots were in
foreclosure proceedings by American Savings and Loan. He
stated that Security Federal was prepared to meet the
requirements with regard to the Home Owner Warranty Program
and on-site improvements to convert the model homes into
residences. He advised that CC&R's had been filed and
Security Federal was in the process of determining whether
the model homes had been annexed into the homeowners
association. He stated that forming of the homeowners
association was the obligation of the developer. Security
Federal would include the homes in the association, but was
unable to do other than cooperate with the other residents
and to live up to their obligations for dues and maintenance
as members of the association. He advised they would be
willing to make street improvements to the extent of
providing access to Royale Drive; further, that the street
lights on Royale Drive were functioning. He stated the
remaining off-site improvement requirements were unfair and
unreasonable; that Security Federal had no legal right to
-13- 9/18/84
302
enter private property to make improvements. He discussed
perceived attitudes resulting from meetings held with the
representatives from Bank of America and American Savings
and Loan, stating that the bulk of the burden of completing
the off-site improvements should be placed on those who will
benefit the most. Mr. Long presented a letter dated
September 6, 1984, from Michael E. Brown, President, MEB
Development Corporation of San Juan Capistrano, a resident
of the tract, advising of the support of the residents for
Security Federal's request.
The Director of Community Planning and Development advised
that his office could pursue the matter with the other two
financial institutions and Developers Insurance Company for
funding participation. The Director of Public Works noted
that on September 4, 1984, Council had authorized staff to
call the tract improvement bonds, but that the action had
been challenged. Council concurred that the City should
take a more aggressive position in the matter.
Denial of Request:
It was moved by Councilman Bland, seconded by Councilman
Schwartze, and unanimously carried to deny the applicant's
request and to reaffirm the Department of Community Planning
and Development's determination that the items set forth in
the staff report must be corrected prior to issuance of any
Certificates of Use and Occupancy; and, to direct that a
resolution making findings in support of the conclusions be
submitted for Council review. The City Attorney was
directed to review additional possibilities for resolving
the problems.
3. RECONSIDERATION OF REQUEST TO WAIVE PARKING PROVISIONS
(WILLIAM LYON COMPANY)
(63) Applicant:
(85) The William Lyon Company, P. O. Box 7520, Newport Beach,
92660.
Property Owner:
Brinderson Development Corporation, 19700 Fairchild, Irvine,
92714.
Written Communications:
Report dated September 18, 1984, from the Director of
Community Planning and Development, advising that the
applicant had requested reconsideration of the July 17,
1984, Council action which required that the project meet
the provisions of the Municipal Code regarding parking, with
the exception of providing RV spaces. The applicant has
requested a 22 -space deficiency and reduced design
standards. The report forwarded background information and
staff's recommendation to approve the reduced design
standards, but to require the applicant to satisfy the
numerical provisions of the Municipal Code for parking
spaces.
-14- 9/18/84
303
Exhibits were on display and Tom Tomlinson, Senior Planner,
made an oral report, discussing staff's suggested plan,
which resulted in a 13 -space deficiency and retained the
lake. He further advised that a Parking Management Plan was
a condition of approval and would be reviewed by the
Planning Commission.
Councilmen Schwartze and Buchheim cited support for the
request based on use of assigned spaces and management
ability to enforce parking regulations. Councilman Friess
cited concerns due to the fact that all parking must be
accommodated within the project and stated objections to
reducing the number of required parking spaces. Councilman
Bland cited concerns that garages may not be used for
parking and justification for reducing the number of spaces
based on standards used by other cities. Discussion ensued
regarding impacts on the environment and future tenants if
the number of spaces were reduced.
Reduced Standards/Code-Required Number or Spaces:
It was moved by Councilman Friess, seconded by Councilman
Bland, to approve in concept the request to reduce the
minimum design standards for stall widths and length of
parallel spaces, but to reaffirm the Council's previous
action to require the numerical number of spaces be provided
per the Municipal Code. The motion failed with Councilmen
Schwartze and Buchheim and Mayor Hausdorfer voting in the
negative.
Standards/Reduced Number
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, to approve the applicant's request for a reduction
in design standards, reducing the stall width to nine feet
and the length of a parallel space to 22 feet, and the
request for a 22 -space parking deficiency. The motion
carried with Councilmen Friess and Bland voting in the
negative.
REQUEST OF WILLIAM LYON COMPANY REGARDING FEES AND TRAFFIC SIGNAL
INSTALLATION
(85) Written Communications:
(41) Council received copies of a memorandum from the Director of
(82) Community Planning and Development, responding to a request
(68) from the William Lyon Company dated September 13, 1984, to
approve the parking space deficiency; to defer payment of
fees to no later than December 31, 1984; and, to delay
installation of the traffic signal at Camino Las Ramblas and
the project entry for at least three years, due to stated
increases in fees if the project is annexed into the
redevelopment project area.
-15- 9/18/84
304*
Informal Discussion:
There was a general concurrence with the staff
recommendation to allow deferral of fee payments until
grading permits are issued, but not later than December 31,
1984, whichever occurs first. Following discussion, there
was a general consensus that the right to require
installation of the traffic signal with project construction
be retained but that staff report at the next meeting
regarding time frames for construction and costs. Formal
action on the request was continued for two weeks to the
meeting of October 2, 1984.
DIRECTOR OF PUBLIC WORKS
1. STATUS REPORT - SERRA
(79) Written Communications:
Report dated September 18, 1984, from the Director of Public
Works advising that SERRA member agencies were evaluating
plant capacity analyses; that a grant for Solids
Handling/Odor Control may be forthcoming in October; that
the waiver to Ocean Discharge Standards was moving through
final review; and, that the expansion of the Plan was
proceeding slowly.
With the consensus of Council, Mayor Hausdorfer ordered the
report received and filed.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF ACTIONS
(67) The Report dated September 18, 1984, from the Director of
Community Planning and Development, advising of actions
taken by the Planning Commission at their meeting of
September 11, 1984, was ordered received and filed.
COUNCIL REMARKS
1. ZONING - SACARAMA AREA
(95) Councilman Friess requested a report regarding zoning of the
Kohn property located in the Sacarama area.
2. TRAFFIC ACCESS TO BEAR BRAND RANCH
(87) Councilman Bland requested a report regarding the number of
(85) lots which will ultimately take access from Peppertree Bend
and Sacarama Lane. He cited concerns with a "shortcut"
being used between Sacarama Lane and Peppertree Bend.
-16- 9/18/84
...._. _......._.
305
3. TREE PRUNING - ALIPAZ PLAZA
(74) Councilman Bland noted the severe tree pruning at the Alipaz
Plaza. The Director of Community Planning and Development
advised he will meet with the City Attorney regarding the
problem.
4. SPECIAL LEGISLATION - SAM WILLETT
(51) Councilman Schwartze noted that HR 718 (Badham) relating to
(89) the immigrant status of San Juan Capistrano resident Samuel
Willett, had passed and suggested a letter of appreciation
from the Mayor to Congressman Badham, Council concurred with
the suggestion.
5.
(94)
(85)
(72)
6.
(62)
(76)
(61)
7.
SAN JUAN HILLS EAST/GLENDALE FEDERAL
Councilman Buchheim cited a request from William Beagle to
correct a water seepage problem.
EL CAMINO REAL PARK
Councilman
for flying
Camino Real
PARKING
Buchheim noted a request from the American Legion
of the United States and California flags at E1
Park.
IONS - ST. VINCENT DE PAUL
(72) Councilman Buchheim noted a complaint received
(64) residents on Los Amigos Street adjacent to St.
Paul regarding illegal parking and associated
8. MICROWAVE TOWER - GLENDALE FEDERAL PROPERTY
from
Vincent de
disturbances.
(43) Councilman Bland requested a report for the meeting of
(85) October 2, 1984, regarding the status of the proposed
Microwave Tower installation by Storer Cable TV on Glendale
Federal property.
9. BEAR BRAND RANCH RIDGELINE
(35) Mayor Hausdorfer noted that the Orange County Board of
(85) Supervisors will hold a public hearing on the zone change
and community profile amendment for Parcel 5 of the Bear
Brand Ranch on Wednesday, September 19, 1984.
10. SEWER PLANT SITE
(79) Mayor Hausdorfer advised that the Orange County Planning
Commission had conducted a public hearing on September 18,
1984, and had approved the recommendation of the ad hoc
committee to select the Chiquita Canyon site for
construction of a wastewater treatment facility. He further
advised of the City's on-going concern regarding the outfall
line and its impacts on City streets.
-17- 9/18/84
300
CLOSED SESSION
Council recessed to a Closed Session
of personnel and legal matters, the
therefrom, and reconvened at 10:45 p
ADJOURNMENT
at 9:37 p.m., for discussion
City Clerk being excused
.m.
There being no further business before the Council, the meeting
was adjourned at 10:45 p.m., to the next regular meeting date of
Tuesday, October 2, 1984, at 7:00 p.m., in the City Council
Chamber.
ATTEST:
Y . HA SDORFER, MAY
A Of
Respectfully submitted,
-18- 9/18/84