00-0321_CC_Minutes_Regular Meeting013
MARCH 21, 2000
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85) - None
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 7:00 p.m. in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Pastor Arch Rutherford, Coast Bible
Church.
Mayor Campbell advised that the City Council meeting would be dedicated to the memory of
Al Simmons, who had passed away on March 10th. A memorial service will be held on
March 30, 2000 at 5:00 p.m., at the Community Center.
ROLL CALL: PRESENT: Collene Campbell, Mayor
Wyatt Hart, Mayor pro tem
Diane Bathgate, Council Member
John Greiner, Council Member
David M. Swerdlin, Council Member
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; Amy Amirani, Public Works Director; Al King, Community
Services Director; Bonnie Sanchez, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
COMMUNITY REDEVELOPMENT AGENCY
Mayor Campbell announced there were no actions to report from Closed Session.
INTRODUCTION, PRESENTATIONS AND DONATIONS
1. PROCLAMATION OF CALIFORNIA HERITAGE WEEK - JULY 29 THROUGH
AUG U ST 6, 2000 (610.40)
Written Communications:
Report dated March 21, 2000, from the Community Liaison, advising that the Mission
Pageant Foundation had requested that the City proclaim the week of July 29 through
August 6, 2000 as California Heritage Week to highlight a number of activities the
Foundation will be sponsoring at the Mission during that week.
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Mayor Campbell read the Proclamation in full. Harvey Smith of the Mission Pageant
Foundation was present to receive the Proclamation.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING 110.10
Mayor pro #ern Hart introduced the following persons in attendance: Janet Siegel and
Bill Hardy, Cultural Heritage Commission; Sheldon Cohen and Bill Pichler, Planning
Commission; and, Maryrose Winkler, Marie Buckner and Joann deGuevara, Housing
Advisory Committee.
ORAL COMMUNICATIONS - (CITY COUNCIUCOMMUNITY REDEVELOPMENT
AGENCYICAPISTRANO VALLEY WATER DISTRICTI- None
CONSENT CALENDAR
It was moved by Council Member Swerdlin, seconded by Council Member Greiner, 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 Bathgate, Greiner, Hart, 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 OF FEBRUARY 15-
The
5
The Minutes of the Regular Meeting of February 15, 2000, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF FEBRUARY 24_2000 (300.30)
The List of Demands dated February 24, 2000, in the total amount of $1,081,661.39,
was ordered received and filed, with Council Member Bathgate abstaining.
4. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT
APPLICATIONS 440.10
The Report dated March 21, 2000, from the Planning Director, advising that two new
applications had been received since the last Report on February 15, 2000, was ordered
received and filed.
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5. APPROVAL OF PLANS, SPECIFICATIONS AND AUTHORIZATION TO
RECEIVE BIDS - REHABILITATION OF DEL OBISPO STREET, ALIPAZ
STREET TO CAMINO CAPISTRANO (CIP NO. 111) (600.30)
As set forth in the Report dated March 21, 2000, from the Engineering and Building
Director, the plans and specifications for the rehabilitation of Del Obispo Street from
Alipaz Street to Camino Capistrano, were approved. Staff was authorized to receive
bids.
6. REJECTION OF BIDS -COMMUNITY CENTER/COUNCIL CHAMBER SOUND
SYSTEM BID 600.10
As set forth in the Report dated March 21, 2000, from the Engineering and Building
Director, the one bid received for the sound system project was rejected because it
exceeded the engineer's estimate for the project. Staff was authorized to rebid the
project.
PUBLIC HEARINGS
APPROVAL OF APPEAL OF THE PLANNING COMMISSION'S ACTION ON
MODIFICATIONS TO ARCHITECTURAL CONTROL 88-8 FOR PROPERTY
LOCATED AT 31894 AND 31896 PLAZA DRIVE CAPISTRANO HOME
CENTER) {410.60)
Proposal:
Consideration of an appeal of the Planning Commission's February 8th action to deny
without prejudice an entry archway sign proposed to be located off-site at the entrance
to the Capistrano Home Center. The appeal requested approval of an entry archway
with a maximum of 18 -inch internally illuminated letter height and a total sign copy not
to exceed 82 square feet.
Applicant:
The Nichols Company, 3600 Birch Street, #100, Newport Beach, California 92660
Written Communications:
Report dated March 21, 2000 from the Planning Director, forwarding a description of the
entry archway sign; advising that findings could be made to approve an exception to the
sign regulations to allow the increased sign copy; and, recommending approval of the
appeal.
A site plan, aerial photograph, sign copy and a visual rendering of the proposed archway
sign were on display. Richard Greenbauer, Assistant Planner, made an oral
presentation noting the Planning Commission's concerns with appropriateness of the
sign, exception to sign standards, and proposed internal illumination of the letters. He
advised that staff supported the entry archway sign, noting that its design would be
compatible with Plaza Del Obispo. He noted that staff also supported the request for
internal illumination because external illumination could create the potential for light spill -
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over; additionally, designing a means of external illumination that was both functional
and aesthetically appealing would be difficult to achieve.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the public
hearing, and the following persons responded:
Steve Nichols, applicant, spoke in support of the proposed entry archway. He advised
that the owners of the Plaza Del Obispo center had concurred with the proposed
archway and stated the belief that the proposed internal illumination was in keeping with
existing signs within the Plaza Del Obispo center.
The following persons spoke in support of the proposed entry archway:
(1) Jamie Zillmer, Floor Outlet, Inc., 31896 Plaza Street, Suite E, 1-2-3;
(2) Ron Small, 31872 Via Montura representing Vista Paint;
(3) John Schmid, Essex Realty Management, 3176 Redhill Avenue #150, Costa
Mesa, managers of the Capistrano Home Center;
(4) Brett Dalman, Renaissance Home Furnishings, 31896 Plaza Street, Suite E7;
(5) Randy O'Connell, representing the ownership of the Center, also noted their
commitment to helping the Center become successful;
(6) Bruce Heathcote, 13532 Whembcy, Santa Ana, a real estate broker for the
project;
(7) Peter Glenn, 242 Chaumont Circle, Foothill Ranch, representing Dunn Edwards
who will be a new tenant in the center;
(8) Ted Strocher, owner of Plaza Del Obispo.
There being no further response, Mayor Campbell closed the public hearing with the
right to re -open at any time.
Council Comments:
Council Members indicated their support of the entry archway. Council Member
Swerdlin suggested that a condition be added requiring that the archway lights be turned
off after the last store closes for the evening.
Approval of Appeal:
It was moved by Council Member Greiner, seconded by Council Member Hart that the
following Resolution be adopted, as modified to include a condition that archway lighting
be turned off Y2 -hour after businesses close for the evening:
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017
RESOLUTION. NO. 00-3-21-1, APPROVING APPEAL OF PLANNING
COMMISSION ACTION - MODIFICATION TO ARCHITECTURAL
CONTROL 88-8 CAPISTRANO HOME CENTER - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AN APPEAL OF THE PLANNING
COMMISSION'S DENIAL OF A REQUEST FOR APPROVAL OF AN
ENTRY ARCHWAY SIGN FOR PROPERTY LOCATED AT 31894 AND
31896 PLAZA DRIVE AND MORE SPECIFICALLY REFERRED TO AS
ASSESSOR'S PARCEL NUMBERS 668-451-001 AND 668-214-023
(CAPISTRANO HOME CENTER)
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:45 p.m. and reconvened at 7:55 p.m.
2. DENIAL OF REZONE 99-6. A REQUEST FOR APPROVAL OF A ZONE
CHANGE FROM THE "OS" (OPEN SPACE PRESERVATION) ZONE DISTRICT
TO THE "ES" (SMALL ESTATE -RESIDENTIAL) ZONE DISTRICT AND THE
VACATION OF DEVELOPMENT RIGHTS FOR A.05 -ACRE PORTION OF AN
EXISTING 3.1 -ACRE LOT LOCATED AT 27281 VIEWPOINT CIRCLE
(HARRIS)_ (460.20)
Proposal:
Consideration of a request to rezone a .05 -acre portion of an existing 3.1 -acre lot from
Open Space Preservation to small Estate -Residential to create a single-family home
building site. The project also includes a request that the City vacate those
development rights over the .05 -acre portion of the property which were originally
dedicated to the City as part of the original final tract map for the Stoneridge subdivision,
Tract 6381.
Applicant:
Jerry Harris, 33211 Paseo Blanco, San Juan Capistrano, California 92675
Written Communications.
(1) Report dated March 21, 2000, from the Planning Director, forwarding
background information and advising that the project would not be consistent
with the General Plan Conservation and Open Space element because it would
diminish the amount of open space in the City; the proposed zone change would
result in the development of unsuitable land uses with respect to the project
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site's natural and man-made constraints; the proposed project would be
incompatible with existing land uses and/or zoning classifications of adjoining
properties; that the vacation of the development rights would be inconsistence
with the purpose of the development rights dedication; and, an adequate graded
building pad had been created for the site to accommodate a residential
development consistent with the surrounding neighborhood.
(2) Memorandum dated March 20, 2000, from the Planning Director, providing a
comparison of surrounding lot sizes, pad areas, house sizes and lot coverage.
Harris property maps, cross sections, depiction of proposed residence, views and
constraints analyses were on display and William Ramsey, Principal Planner, made an
oral presentation. He advised that there had been six applications for development in
the open space preservation area of this subdivision; five for equestrian facilities and
one for a residence. The equestrian facilities had been approved and the residence had
not been approved. He advised that The Hunt Club and the Hidden Mountain Estates
subdivisions had similar approaches to open space preservation; there had been no
modifications to the zoning to allow residential development in those subdivisions. He
advised that though this would be only a small decrease in the General Open Space
zone, it conflicted with the General Plan goals and policies to enhance the amount of
open space in the City. He discussed the suitability of the proposed site versus the
existing pad; land use compatibility; the dedication of development rights; and, view
impacts.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the public
hearing, and the following persons responded:
(1) Jerry Harris, applicant, stated his desire to create a custom home on a custom
lot. In response to a newspaper article indicating he was asking for 1/2 -acre of
public land, he emphasized his past work in support of open space and advised
that the land in question was his private property with no public access
whatsoever. He stated this was the only situation in the City where these
particular development rights applied and the language was unclear as to why
the development rights had been required. He asked that his proposal be
viewed objectively.
(2) Jim Langston, LSA Architecture, architect for the project, noted constraints
involved in developing a house of comparable worth to the neighborhood on the
existing pad, including the difficulty of getting a drive access to the rear. He
spoke in support of allowing development on the proposed upper pad because
it would save trees and provide access to the rear.
(3) Jim Nugent, engineer for the project, 521 Iris, Corona del Mar, discussed the
constraints involved with development of a two-story home on the lower pad,
including slope and setback concerns, and the site line studies used to indicate
the best placement for a house. He discussed the various drive approaches that
had been considered, advising that the proposed driveway would not disturb the
grove of trees on the lot. He advised that their research led them to believe that
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the open space zone had been established only to create open space; therefore,
the applicant offered to donate back to the City an equivalent amount of open
space. He discussed the proposed encroachment into the open space area and
noted there would still be sufficient land for development of equestrian facilities.
(4) Tom Merrell, Civic Solutions, planning consultant for the project, addressed the
issues raised by staff. He stated that the amount of open space being requested
for adjustment was less than 2,000 square feet. He stated that by adjusting the
boundaries, the proposed house would be entirely in residentially -zoned
property. Their goal was to develop a house of a certain size that would be
comparable with the surrounding homes without jeopardizing the trees and
without requiring extra grading or retaining walls that would be visible to the
neighbors. He further stated that there were no known or identified adverse
environmental or visual impact associated with this project, and it was the
preferred alternative of the neighbors. He felt it would not be precedent -setting
because it was the last undeveloped pad adjacent to the open space in
Stoneridge. He felt the spirit and intent of the open space zone was being met
since Mr. Harris had offered to dedicate back to the City 12,000 square feet
where the grove of trees is located, which resulted in a net increase in open
space of 10,000 square feet.
(5) Glen Mozingo, 30161 Saddleridge, spoke in support of the project based on its
enhancement to a difficult piece of land and the resulting expansion of the open
space.
(6) Rudolph Brutaco, 27272 Viewpoint Circle, indicated that the potential relocations
of the building pad that had been considered had caused him concern due to
visual and privacy issues as well as potential problems from regrading of the hill
above his home. He indicated his preference to site the house as faraway from
his house as possible and to site it as far up the hill as possible to lessen any
impacts to the stability of the hillside above his home. He felt that the open
space issue in this instance was not significant and he supported the project as
currently proposed.
(7) Alana McKeas, 27301 Viewpoint Circle, asked if there could also be
development on the lower pad. She was subsequently advised that an additional
structure could be built on the lower pad. She felt that if there was any
discontent about this property the neighborhood should stand together.
Purchasers of the lots had all understood the ramification of the open space
when they bought their lots, and while the proposed home could enhance the
neighborhood, there needed to be sympathy for the neighbors.
(8) Robin Robinson, 27292 Viewpoint Circle, spoke in support of the project and
retention of the trees. She advised that information in the memorandum from
staff regarding pad and home size contained inaccuracies. She felt that the pad
on the lower portion of the lot could not support a 6,000 square -foot -home in a
manner that would be desirable or an enhancement to the neighborhood.
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(9) Ken Williams, 27591 Silver Creek, spoke in support of the project. He felt if this
project was not approved a desirable home may never be built.
There being no further response, Mayor Campbell closed the public hearing with the
right to re -open at any time.
Council Comments:
Council Member Greiner stated his support of the recommendation to deny the rezone,
noting his concern that it could set a precedent, and his commitment to protect the open
space preservation area to the extent possible. Council Member Han: noted his support
for the rezone, stating his concurrence with neighboring residents that it would enhance
the area. He further noted his support for the project because the applicant had offered
to dedicate open space back to the City and the area in question was not City -
designated ridgelines or public open space. Council Member Bathgate felt that while
there were benefits to the proposal, the existing pad site was still developable even with
its limitations, and there was no argument compelling enough to compromise the open
space policies.
Council Member Swerdlin inquired whether Council's approval of the proposal would be
precedent -setting and was advised by the Planning Director that it would because there
were other areas in the City with similar circumstances. The City Attorney advised that
from a legal perspective there would be no problem with precedent -setting; that findings
could be made for the project based on unique facts in evidence. The City Manager felt
that approval of the project could open up a policy door and could encourage others to
make the same type of request. Council Member Swerdlin indicated he would be in
support of the project as long as there was no legal precedent -setting, and as long as
there were the proper findings and mitigations.
Mayor Campbell indicated that she could not support the proposal because there had
been an existing graded pad on the lot when it was purchased, and she could not give
away any open space in the City, even in trade.
Denial of Appeal:
It was moved by Council Member Greiner, seconded by Council Member Bathgate that
the following Resolution be adopted:
RESOLUTION NO. 00-3-21-2, DENYING REZONE 99-6 (HARRIS) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION; AND, DENYING A PROPOSED REZONE OF A.05 -
ACRE PORTION OF A LOT LOCATED AT 27281 VIEWPOINT CIRCLE,
FROM OPEN SPACE PRESERVATION TO SMALL ESTATE -
RESIDENTIAL, AND A PROPOSED VACATION OF DEVELOPMENT
RIGHTS WHICH WERE PREVIOUSLY DEDICATED TO THE CITY
(HARRIS)
The motion carried by the following vote:
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3121100
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AYES: Council Members Bathgate, Greiner and Mayor Campbell
NOES: Council Members Hart and Swerdlin
ABSENT: None
RECESS AND RECONVENE
Council recessed at 9:02 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 9:08 p.m.
ADMINISTRATIVE ITEMS - None
ORDINANCES
1. AMENDING TITLE 4 OF THE MUNICIPAL CODE - SPEED LIMITS 1590.30)
Written Communications:
Report dated March 21, 2000, from the City Clerk, advising that the Ordinance was re-
introduced at the meeting of March 7, 2000, and was scheduled for adoption.
Adoption of Ordinance:
The City Clerk 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 Council Member
Swerdlin, seconded by Council Member Greiner, that the following Ordinance be
adopted:
ORDINANCE NO. 847, AMENDMENT TO TITLE 4OFTHE MUNICIPAL
CODE, TRAFFIC REGULATIONS - ESTABLISHING SPEED LIMITS AT
VARIOUS LOCATIONS - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING PRIMA FACIE
SPEED LIMITS AT VARIOUS LOCATIONS BY AMENDING TITLE 4,
CHAPTER 6, ARTICLE 5, SECTION 4-6.501 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
RECOMMENDATION FROM COUNCIL SUBCOMMITTEE ON RED GUM
LERP PSYLLID INFESTATIONS (410.90)
Mayor Campbell invited members of the audience to speak on this item at this time.
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Public Input:
Doug Tugwell, 31141 Santa Margarita Place, advised he had 12 eucalyptus trees, seven
of which were infected. Advising he did not want anything for free, he asked whether
private citizens might be able to use the same contractor the City was using to treat
trees on public property in order to get a better deal. He was advised that staff would
provide him with the name of the City's contractor.
REVIEW OF CITY COUNCIL APPOINTMENTS (610.80)
Written Communications:
(1) Report dated February 15, 2000, and resubmitted March 21, 2000, forwarding
a list of current Council appointments to internal committees and outside
agencies.
(2) Memorandum dated March 20, 2000, from the City Manager, forwarding a list
of positions vacant due to the resignation of former Council Member Jones and
clarifying which external agencies desired the appointment of alternate
representatives.
Appointments Continued:
It was moved by Council Member Swerdlin, seconded by Council Member Hart and
unanimously carried to continue this item to the meeting of April 4, 2000.
2. ANNUAL REVIEW OF COMMISSIONS AND COMMITTEES 110.20
Written Communications:
Report dated March 21, 2000, from the Personnel Manager, advising that the Council
Subcommittee of Council Members Bathgate and Greiner would make an oral report
regarding the appointments.
A_poointments Continued:
It was moved by Council Member Hart, seconded by Council Member Swerdlin and
unanimously carried to continue this item to the meeting of April 4, 2000.
3. NAMING OF NEW ROADWAY AT SPORTS PARK - VIA POSITIVA (820.20)
Written Communications:
Report dated March 21, 2000, from the Assistant City Manager, advising that naming
of an existing unnamed roadway separating the community center on the east and
Marco Forster Middle School on the west would facilitate the ease of providing
directions to the various facilities in the area.
Via Positiva:
Council Member Hart initiated discussion of potential roadway names. It was
subsequently moved by Council Member Swerdlin, seconded by Council Member
Greiner and unanimously carried to name the roadway Via Positiva.
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4. RECOMMENDATION FROM COUNCIL SUBCOMMITTEE ON RED GUM LERP
PSYLLID INFESTATIONS (410.90)
Written Communications:
Report dated March 21, 2000, from Mayor Campbell and Council Member Greiner,
recommending that there be no changes made to the tree removal process described
in the San Juan Capistrano Municipal Code.
The City Manager made an oral report, describing the tree removal process currently
set out in the Municipal Code. He advised that the City was engaged in treating public
trees for the Red Gum Lerp Psyllid.
Affirming Recommendation of Subcommittee:
There was a consensus of Council to affirm the Subcommittee recommendation to
make no change to the process set forth in the Municipal Code. Staff was directed to
evaluate whether there was a mechanism that would allow private citizens to use the
same contractor as the City and receive a "group rate."
5. ORAL REPORTS OF OUTSIDE AGENCIES
a. Orange County Vector Control District (560.50)
Council Member Swerdlin advised that the Vector of the Month was the
mosquito.
COUNCIL COMMENTS
1. CONSIDERATION OF MEMORIAL WALL (210.10)
In noting the passing away of long-time community volunteer Al Simmons, Council
Member Swerdlin suggested consideration be given to developing a memorial wall to
acknowledge residents who have contributed many years of service to the community,
noting that such as wall could be placed at the Community Center. Mayor Campbell
and Council Member Swerdlin volunteered to form a subcommittee to address the
issue.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:17 p.m.
to the next regular meeting date of Tuesday, April 4, 2000, at 5:30 p.m. in the City Council
Chambers.
ATTEST:
OLL CA BELL, MAYOR
Respectfully submitted,
CHERYL JOHN,800t, CITY CLERK
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