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00-0201_CC_Minutes_Regular Meeting387 FEBRUARY 1, 2000 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION 610.85 Council met in a Closed Session at 5:30 p.m. for the following purpose, as authorized by statute: Pursuant to Government Code Section 54956.9(b)(2), the City Council will confer with its Legal Counsel regarding one matter. RECESS UNTIL 7:00 P.M. BUSINESS SESSION The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor Campbell at 7:04 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Robert L. Schwenck, Community Presbyterian Church. ROLL CALL: PRESENT: Collene Campbell, Mayor Wyatt Hart, Mayor pro tem John Greiner, Council Member -- David M. Swerdlin, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager; John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Russell, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; AI King, Community Services Director; Amy Amirani, Public Works Director; Lt. Rick Stahr, Orange County Sheriffs Department; and Bonnie Sanchez, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL Mayor Campbell announced that the scheduled Closed Session had been canceled. INTRODUCTION PRESENTATIONS AND DONATIONS 1. RECOGNITION OF LONG-TERM EMPLOYEES (730.90) Written Communications: Report dated February 1, 2000, from the Personnel Manager, advising that William Ramsey, Principal Planner, had reached 10 years of service. Mr. Ramsey was present to receive a Certificate recognizing his years of service to the City. City Council Minutes -1- 211100 388 2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Council Member Hart introduced the following persons in attendance: Marie Buckner, Joanne deGuevara, Maryrose Winkler and Jessica Dean, Housing Advisory Committee; Bill Hardy and Don Tryon, Cultural Heritage Commission; Sheldon Cohen and Diane Bathgate, Planning Commission; Ilse Byrnes, Parks, Recreation and Equestrian Commission; Al and June Simmons; Battalion Chief Steve Whitaker. ORAL COMMUNICATIONS CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY Proposition 12 (630.30) Ilse Byrnes noted that Proposition 12 on the March 7, 2000 ballot would provide funding for historic preservation, at -risk youth programs, playgrounds, trails and open space. Ms. Byrnes suggested combining historic preservation and at -risk youth to start a program of historic restoration using the at -risk youth, noting that such programs exist in San Diego and San Clemente. She further suggested that the Congdon House would be ideal for such a project. CONSENT CALENDAR It was moved by Council Member Greiner, seconded by Council Member Hart, that the Staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Greiner, Hart and Swerdlin and Mayor Campbell NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES The Minutes of the Regular Meeting of January 4, 2000, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF JANUARY 13,2000 (300.301 The List of Demands dated January 13, 2000, in the total amount of $1,191,302.63 was ordered received and filed. City Council Minutes -2- 211100 389 4. RECEIVE AND FILE INVESTMENTS _ FOR _ QUARTER ENDING DECEMBER 31, 1999 (350.30) The City Treasurer's Reportof Investments for Quarter ending December 31, 1999, was ordered received and filed. 5. ADOPTION OF RESOLUTION INITIATING GENERAL PLAN AMENDMENT 00-02 - AN AMENDMENT TO THE HOUSING ELEMENT OF THE CITY'S GENERAL PLAN AS REQUIRED BY STATE PLANNING LAW (440.251 As set forth in the Report dated February 1, 2000, from the Planning Director, the following Resolution initiating the amendment process to consider revisions to the City's Housing Element, as required by State Planning Law, was adopted: RESOLUTION NO. 00-2-1-1. INITIATION OF GENERAL. PLAN_ AMENDMENT - 00-02 - HOUSING ELEMENT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING AN AMENDMENT TO THE HOUSING ELEMENT OF THE CITY'S GENERAL PLAN IN ACCORDANCE WITH THE PROVISIONS OF STATE PLANNING LAW 6. WAIVER OF FEES FOR RENTAL OF COMMUNITY CENTER (ORANGE COUNTY BOARD OF SUPERVISORS, FIFTH DISTRICT) (390.30 As set forth in the Report dated February 1, 2000, from the Community Services Director, the Community Center rental fees were waived for the Orange County Board of Supervisors, Fifth District meeting regarding trails and recreational issues. 7. ADOPTION OF RESOLUTION SUPPORTING PROPOSITION 12, THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR -AND COASTAL PROTECTION BOND ACT OF 2000 630.30 As set forth in the Report dated February 1, 2000, from the Assistant City Manager, the following Resolution supporting Proposition 12 was adopted: RESOLUTION NO.00-2-1-2,.SUPPORTING PROPOSITION 12 ON THE MARCH 7 2000 BALLOT - A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING PROPOSITION 12, THE SAFE NEIGHBORHOOD, PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 ON THE MARCH 7, 2000 BALLOT 8. ADOPTION OF RESOLUTIONS RELATING TO CALLING A SPECIAL ELECTION FOR NOVEMBER 7, 2000, TO FILL A COUNCIL VACANCY 630.20 As set forth in the Report dated February 1, 2000, from the City Clerk, the following Resolutions were adopted relating to the Special Municipal Election to be held on November 7, 2000: City Council Minutes -3- 211/00 390 E RESOLUTION NO. 00-2-1-3 CALLING SPECIAL MUNICIPAL ELECTION - NOVEMBER 7 2000 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000, FOR THE ELECTION OF A COUNCIL MEMBER TO FILL A VACANCY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION NO. 00-2-1-4. REQUESTING CONSOLIDATION OF SPECIAL MUNICIPAL ELECTION WITH NOVEMBER 7. 2000, STATEWIDE GENERAL ELECTION - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2000, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE ADOPTION OF RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF BONDS FOR TRACT 13866 (TAYLOR WOODROW HOMES) (600.30 As set forth in the Report dated February 1, 2000, from Engineering and Building Director, the following Resolution was adopted: RESOLUTION NO. 00-2-1-5, COMPLETION OF IMPROVEMENTS AND RELEASE OF BONDS -TRACT 13886 (TAYLOR WOODROW HOMES CALIFORNIA, LTD.) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED IN ACCORDANCE WITH APPROVED PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF WORKS OF IMPROVEMENT WITHIN TRACT 13866 (TAYLOR WOODROW HOMES CALIFORNIA, LTD.) The City Clerk was directed to forward a Notice of Completion to the County Recorder. Staff was authorized to release the following sureties 35 days after recordation of the Notice of Completion: Surety Coverage (American Insurance Co.) Bond #11133221702 Bond #11133221686 Bond #11141572625 Bond #11133221710 Bond #11133221694 City Council Minutes -4- 211100 Amount to Type of Improvement be Released Via Entrada, Private Street $370,000 Interior Private Streets $936,363 Monumentation $13,000 Storm drain $724,704 Sewer $225,984 -4- 211100 391 10. ADOPTION OF RESOLUTION INITIATING GENERAL PLAN AMENDMENT 00-01, TO CHANGE THE LAND USE DESIGNATION FROM ASSISTED CARE FACILITIES TO AFFORDABLE FAMILY/SENIOR HOUSING FOR 1.897 PARCEL LOCATED AT 27191 PASEO ESPADA (VILLA PALOMA AFFORDABLE SENIOR HOUSING) (440.25) As set forth in the Report of February 1, 2000, from the Planning Director, the following Resolution was adopted: RESOLUTION NO. 00-2-1-6—INITIATION OF GENERAL PLAN AMENDMENT 00-01 -VILLA PALOMA-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING A GENERAL PLAN AMENDMENT FOR AN EXISTING 1.9 -ACRE PARCEL LOCATED AT 27191 PASEO ESPADA AND MORE PRECISELY REFERRED TO AS ASSESSOR'S PARCEL NUMBER 666- 241-06 (VILLA PALOMA) The following item was withdrawn from consideration at the request of the City Attorney: CONSIDERATION OF APPROVAL OF CONTRACT - STREET SWEEPING SERVICES (CALIFORNIA STREET MAINTENANCE, INCORPORATED) (600.30) Written Communications: - Report dated February 1, 2000, from the Public Works Director, advising that four bids had been received to provide street sweeping services, and recommending award of the contract to California Street Maintenance, Inc. PUBLIC HEARINGS APPROVAL OF TENTATIVE PARCEL MAP 89-393, A REQUEST TO DIVIDE A 2 -ACRE PARCEL ON THE EAST SIDE OF COUNTRY HILLS ROAD INTO FOUR RESIDENTIAL LOTS (PEDICINI) (420.70) Proposal: Consideration of A Tentative Parcel Map to divide a 2.0 -acre parcel on the east side of County Hills Road into four residential lots. The project site is designated 1.2, Low Density Residential on the General Plan Map and is zoned 70 RS (Single Family Residential) 20,000, which requires a 70 -foot minimum street frontage and a 20,000 - square -foot minimum lot size. Surrounding land uses include single family homes to the north, south and west and open space to the east. Applicant: John Pedicinii, 350 East 17th Street, #116, Costa Mesa, CA 92627 Written Communications: Report dated February 1, 2000, from the Planning Director, forwarding background information and a recommendation of approval. City Council Minutes -5- 211100 392 The tract map was on display and Richard Greenbauer, Assistant Planner, made an oral presentation. He provided a history of the project, noting that the Tentative Map had been approved on October 2, 1990, but had expired before the final map was approved and recorded. He noted the Planning Commission had recommended approval of the Tentative Map at their January 11, 2000, meeting. Applicant's Presentation: John Pedicini, applicant, 350 East 17th Street, #195, Costa Mesa, stated that the parcel map was exactly as it had been previously approved. He advised that the homes would conform to the existing structures and styles on the street. Public Hearing: Notice having been given as required by law, Mayor Campbell opened the public hearing_ and there being no response, closed the hearing with the right to re -open at any time. Approval of Tentative Parcel Ma : It was moved by Council Member Swerdlin and seconded by Council Member Greiner that the following Resolution be adopted: RESOLUTION NO. 00-2-1-7, CERTIFYING NEGATIVE DECLARATION AND APPROVING TENTATIVE PARCEL MAP 89-393 (PEDICINI) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION AND APPROVING A FOUR- LOT TENTATIVE PARCEL MAP FORA 2.0 -ACRE PARCEL LOCATED AT 29192 COUNTRY HILLS ROAD AND MORE PRECISELY REFERRED TO AS ASSESSOR'S PARCEL NUMBER 650-302-12 & 14 (PEDICINI) The motion carried by the following vote: AYES: Council Members Greiner, Hart and Swerdlin and Mayor Campbell NOES: None ABSENT: None 2. APPROVAL OF MODIFICATION TO HEIGHT MATRIX, LOT 29, TRACT 10103, FOR A PROPOSED SINGLE-FAMILY RESIDENCE (27171 HIGHLAND DRIVE/ BRUM) (420.40 Proposal: Request for modification to the height standard for Lot 29 of Tract 10103, established by the "Development Constraints Matrix" for the tract. The applicant requested a modification to increase the maximum elevation by seven feet to 537 feet above mean sea level. The General Plan designation is 2.0, Very Low Density; the zoning designation is RA (Small Farm District). City Council Minutes -6- 211100 393 .Applicant: Roger and Debbie Brum, 15 Barcelona, Irvine, CA 92614 Written Communications: Report dated February 1, 2000, from the Planning Director, advising that the applicant had requested the modification in order to be able to construct a home with gravity flow to the City sewer. The overall height of the structure was proposed to be 34.5 feet; the maximum allowed under the Municipal Code is 35'. Elevations of Lot 29, Tract 10103 and height studies were on display and Thomas Tomlinson, Planning Director, made an oral presentation. He stated that the Planning Department had performed several site studies and the structure would not encroach on the ridgelines. He further noted that the project design had been approved by the homeowners association. A_pOicant's Presentation: Roger Brum, applicant, 15 Barcelona, Irvine, stated that the primary objective for the request for a height modification was to establish the ability to put in a gravity flow sewer system for the home. Mr. Brum stated that this structure would not obstruct views of the ridgeline from any angle. Public Hearing: Notice having been given as required by law, Mayor Campbell opened the public - hearing and there being no response, closed the hearing with the right to re -open at any time. Adoption of Resolution: It was moved by Council Member Hart and seconded by Council Member Swerdlin that the following Resolution be adopted: RESOLUTION NO. 00-2-1-8, APPROVAL OF MODIFICATION TO HEIGHT MATRIX - TRACT 10103 LOT 29 (BRUM) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN EXCEPTION TO THE CONSTRAINTS MATRIX FOR TRACT 10103, ALLOWING THE APPLICANT TO EXCEED THE MAXIMUM HEIGHT FOR LOT 29 BY 7 FEET FOR A 2.53 -ACRE PARCEL LOCATED AT 27171 HIGHLAND DRIVE AND MORE PRECISELY REFERRED TO AS ASSESSOR'S PARCEL NUMBER 650-511-03 (BRUM) The motion carried by the following vote: AYES: Council Members Greiner, Hart and Swerdlin and Mayor Campbell NOES: None ABSENT: None City Council Minutes -7- 2/1/00 394 RECESS AND RECONVENE Council recessed at 7:27 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 7:29 p.m. ADMINISTRATIVE ITEMS - None ORDINANCES - None COUNCILMANIC ITEMS APPOINTMENT TO FILL COUNCIL VACANCY 610.50 Written Communications: Report dated February 1, 2000, from the City Clerk, advising that at the City Council meeting of January 18, 2000, the Council indicated that it would call a special election for November 7, 2000, to fill a Council vacancy, accept applications for an appointment to fill the vacancy, and make the appointment at the February 1, 2000 meeting. Mayor Campbell advised that 9 applications had been received to fill the Council seat vacated by former Member Gil Jones, and stated that all applicants had been very well qualified. She noted that the appointment would be effective until the Special Election in November. Appointment to fill Council Vacancy: It was moved by Council Member Hart and seconded by Council Member Swerdlin and unanimously carried to appoint Diane Bathgate to fill the vacant Council seat. Ms. Bathgate stated that it was a tremendous honor to be appointed to fill the Council vacancy and she looked forward to working with the Council and for the City. 2. ORAL REPORTS OF OUTSIDE AGENCIES a. Foothill Eastern and San Joaquin Hills Transportation Corridors (800.50) Mayor Campbell spoke about the Hayden Bili, which would impact completion of the toll road to the 1-5 and could result in increased traffic impacts to the City of San Juan Capistrano. b. Libra Advisory Board 950.20 Council Member Greiner noted that he had been re-elected to a second year as Chairman. COUNCIL COMMENTS - None City Council Minutes -8- 2/1/00 395 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 7:38 p.m. to the next regular meeting date of Tuesday, February 15, 2000, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, CHERYL JO S CITY CLERK ATTEST: LLEWCAMPBELL, MAYOR City Council Minutes -9- 211100