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.
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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.
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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:
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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
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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
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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.
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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).
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.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
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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
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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
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