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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