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01-1106_CC_Minutes_Regular MeetingMINUTES November 6, 2001 SAN JUAN CAPISTRANO CITY COUNCIL Mayor Hart called the Study Session of the Regular Meeting of the City Council to order at 5.35 p.m. ROLL CALL COUNCIL MEMBERS PRESENT: Collene Campbell, John S. Gelff, Mayor pro tem David Swerdlin, and Mayor Wyatt Hart. COUNCIL MEMBER ABSTAINING & NOT PRESENT: Diane Bathgate STAFF PRESENT: George Scarborough, City Manager; Julia Silva, Assistant City Manager; Meg Monahan, City Clerk; John Shaw, City Attorney; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and Building Director A3. STUDY SESSION a. DENSITY AND PRODUCT TYPE FOR PROPOSED PACIFIC POINT RESIDENTIAL PROJECT CONSIDERED (SJD PARTNERS LTD.) (TENTATIVE TRACT 15609) (420.40) Project Description: Application for a Re -zone and Vesting Tentative Tract 15609, proposing a new development concept for a portion of the Pacific Point areas of the Forster Canyon Planned Community. Written Communications: Staff Report dated November 6, 2001 from Thomas Tomlinson, Planning Director. Oral Presentations: Jim Barnes, planning consultant to the City, provided a report, reviewing the project proposal. Applicant Presentations: Kevin Canning, Culbertson Adams Associates and Larry Lazar, consultant representing the applicant, reviewed the project proposal. Bruce Elieff, Principal with SunCal provided additional project discussion. Public Comment: Robert Bakh, 3381 Calle de Bonanza, inquired into density related to school site. Council Comments: Mayor pro tem Swerdlin suggested more totlots, pocket parks and traffic calming measures be incorporated into the development. CC Minutes 1 11-06-01 Mayor Hart suggested keeping with the staff recommendation for density while including more park area. Council Action: No formal action taken. Council Members concurred with the staff recommendation supporting the rezone of the South R & D site from industrial to residential with a maximum of 66 single-family lots on the site; residential development for the remainder of the Pacific Point entitled to a maximum of 350 units, consistent with original approvals; and direct the applicant to revise their current Re -zone and Tentative Tract applications to provide for a maximum of 416 residential units within Pacific Point. RECESS UNTIL 7:00 P.M. BUSINESS SESSION Mayor Hart called the Regular Meeting of the City Council of the City of San Juan Capistrano, California, to order at 7:04 p.m. in the City Council Chamber. Council Member Gelff led the Pledge of Allegiance to the Flag. Father Keith Yamamoto, St. Margaret of Scotland Episcopal Church, gave the Invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Diane Bathgate, Collene Campbell, John S. Gelff, Mayor pro tem David Swerdlin, and Mayor Wyatt Hart. COUNCIL MEMBERS ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Julia Silva, Assistant City Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell, Administrative Services Director; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and Building Director; Amy Amirani, Public Works Director; Al King Jr., Community Services Director; Bill Ramsey, Project Planner; Lt. Rick Stahr, Chief of Police Services; and Sue McCullough, Recording Secretary ANNOUNCEMENT OF STUDY SESSION ACTIONS — None INTRODUCTIONS, PRESENTATIONS AND DONATIONS GREG MARQUARD, SENIOR MAINTENANCE WORKER AND CYNTHIA L. RUSSELL, ADMINISTRATIVE SERVICES DIRECTOR RECOGNIZED FOR 15 YEARS OF SERVICE TO CITY (730.09) Greg Marquard, Senior Maintenance Worker, was recognized for his 15 years of service to the City by Amy Amirani, Public Works Director. Mayor Hart presented Marquard with a plaque. Cynthia L. Russell, Administrative Services Director, was recognized for her 15 years of service to the City by George Scarborough, City Manager. Council CC Minutes 2 11-06-01 Member Campbell recognized Cynthia L. Russell for keeping the City out of bankruptcy during the Orange County bankruptcy crisis. Mayor Hart presented Russell with a plaque. 2. BLAS AGUILAR FOUNDATION PRESENTED PROCLAMATION ACKNOWLEDGING THEIR RECEIPT OF 2001 GOVERNOR'S HISTORIC PRESERVATION AWARD (610.40) Mayor Hart presented a proclamation to the Blas Aguilar Foundation acknowledging the Foundation's receipt of the 2001 Governor's Historic Preservation Award. 3. JOHN HUMPHREYS PRESENTED MAYOR'S AWARD FOR BUSINESS LEADER OF THE YEAR (610.40) Mayor Hart presented the Mayor's Award for Business Leader of the Year to John Q. Humphreys, owner of the Ramos House Cafe, 31752 Los Rios Street. 4. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Mayor pro tem Swerdlin introduced the following persons in attendance, Sheldon Cohen, Planning Commission; Les Blair, Seniors Liaison; June Simmons; Ilse Byrnes, Parks Recreation and Equestrian Commission; Joanne de Guevara, Housing Advisory Committee; Joe Soto, Water Advisory Commission; Dave Belardes, Cultural Heritage Commission; Phil Schwartze and Roy Byrnes, former Mayors and Council Members; and Mark Hawkins, Fire Battalion Chief. ORAL COMMUNICATIONS (CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCYIWATER DISTRICT); Barbara Rosenbaum, 26411 Woodcrest Lane and Gail Prothero, 29302 Sandalwood Court, spoke regarding the flora and fauna in Southern Orange County, as reported by Scientific Review. She supported participation in the Natural Communities Conservation Plan (NCCP) by Rancho Mission Viejo. Richard Brown, 32091 Via Tonada, requested a no parking zone at the entry to Mission Point Condominiums. Londres Uso, 31302 Via Las Palmas, president of Capistrano Animal Rescue Effort (C.A.R.E.), told of the success of a recent fundraising event and thanked the Council Members for continued support. Michael Thorpe, 26000 Aeropuerto Avenue, thanked the Council and City Manager for having the railroad bridge painted and for assistance with trains blocking the railroad crossing at Aeropuerto Avenue. CC Minutes 3 11-06-01 CONSENT CALENDAR Council Action: Moved by Council Member Gelff, seconded by Council Member Campbell and carried unanimously, 5-0, to approve items 1 through 7 as recommended by Staff. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED 2. MINUTES FROM THE REGULAR MEETING OF OCTOBER 2, 2001 APPROVED AS SUBMITTED 3. WARRANTS DATED OCTOBER 4, 2001 IN AMOUNT OF $1,282,006.30 AND OCTOBER 18, 2001 IN AMOUNT OF $736,336.85; AND PAYROLL WARRANTS DATED OCTOBER 11, 2001 IN AMOUNT OF $220,537.64, RECEIVED AND FILED (300.30) 4. REPORT OF INVESTMENTS, MONTH ENDING SEPTEMBER 30, 2001 RECEIVED AND FILED (350.50) 5. RECOMMENDATION OF CARL WARREN & COMPANY ACCEPTED; INGRID BLACKWELDER CLAIM DENIED (170.10) 6. C.A.R.E. FEE WAIVER REQUEST APPROVED, EXCEPT $30 PROCESSING FEE AND DIRECT COSTS INCURRED BY CITY, FOR USE OF NORTHWEST OPEN SPACE PROPERTY, NOVEMBER 3, 2001 FOR FUND-RAISING BBQ (390.30) 7. RESOLUTION NO. 01-11-06-01 ADOPTED ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR URBAN RECREATIONAL AND CULTURAL CENTERS, MUSEUMS, AND FACILITIES FOR WILDLIFE EDUCATION OR ENVIRONMENTAL EDUCATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000" (CONGDON FARMHOUSE) (TIO. 50) PUBLIC HEARINGS: 1. ORDINANCE AMENDING THE ALIPAZ PLANNED DEVELOPMENT INTRODUCED TO INCLUDE (3) TWO-STORY AND (1) ONE-STORY UNITS ON PARCEL D; RESOLUTION NO. 01-11-06-02 ADOPTED CERTIFYING NEGATIVE DECLARATION & APPROVING TENTATIVE TRACT MAP 16168 AND FLOOD PLAIN LAND USE PERMIT 01-01, SUBJECT TO CONDITIONS (420.40/460.20/550.10) CC Minutes 4 11-06-01 Project Description: Consideration of an application to subdivide a 1.0 acre parcel into four custom lots and three lettered lots and request to rezone the property to Planned Development (PD) and incorporate the subdivision into the Village Alipaz (PD) through an amendment to Specific Development Plan (SDP) 99-01. Written Communications: Report dated November 6, 2001 from Thomas Tomlinson, Planning Director. Oral Presentation: Thomas Tomlinson, Planning Director, reviewed the staff recommendation and reported that the Planning Commission expressed concerned with the orientation and massing of the proposed two-story elements. At the Regular Meeting of October 16, 2001, the Public Hearing for this item was opened and continued to this meeting. Mayor Hart invited continued public testimony. Public Testimony: Sheldon Cohen, Chair of the Planning Commission, responded to Council's questions. Philip Schwartze, 31682 EI Camino Real, representing the applicant, reviewed the proposal for one and two-story units. Mayor Hart closed the public hearing. Council Comments: Mayor pro tem Swerdlin and Council Member Gelff voiced their support of a mix of (3) two-story and (1) one-story homes next to the mobile home park. Council Members Bathgate and Campbell were opposed to including (2) story units in close proximity to adjacent mobile home structures due to the height. Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE 843, ENTITLED "SPECIFIC PLAN OF VILLAGE ALIPAZ AND ONE ADJOINING PARCEL," BY INCORPORATING PARCEL "D. (TRACT 16168NILLAGE ALIPAZ, LLC." Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Gelff and carried, 3-2, to introduce the Ordinance related to the Specific Plan of Village Alipaz and one adjoining parcel, amended to allow (1) one-story unit and (3) two-story units with sufficient screening via landscape; adopt CC Minutes 5 11-06-01 RESOLUTION NO. 01-11-06-02 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING ISSUANCE OF A MITIGATED NEGATIVE DECLARATION AND CONDITIONALLY APPROVING TENTATIVE TRACT MAP 16168 AND FLOOD PLAIN LAND USE PERMIT 01-01. THE PROJECT SITE IS A 1.0 ACRE PARCEL LOCATED AT 32532 ALIPAZ STREET, MORE PRECISELY REFERRED TO AS ASSESSORS PARCEL NUMBER 121-171-19 (VILLAGE ALIPAZ, LLC)." ROLL CALL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS Gelff, Swerdlin, and Mayor Hart Bathgate, Campbell None 2. $100,087.12 COPS FUNDS ALLOCATED TO OFFSET COST OF A DEPUTY SHERIFF POSITION FOR FISCAL YEAR 2001-2002 (580.10) Project Description: The State of California provides Citizens Option of Public Safety (COPS) grant funding. The City of San Juan Capistrano will receive $100,087.12 based on Council consideration of the Chief of Police's written request and public hearing comments. Written Communications: Report dated November 6, 2001 from Lt. Rick Stahr, Chief of Police Services Oral Presentation: Lt. Rick Stahr, Chief of Police Services, reviewed the staff recommendation Mayor Hart opened the public hearing and there being no response, closed the public hearing. Council Action: Moved by Council Member Campbell, seconded by Council Member Gelff, and carried unanimously, 5-0, to allocate the $100,087,12 COPS funds towards offsetting the cost of a Deputy Sheriff position for Fiscal Year 2001-2002 3. RESOLUTION NO. 01-11-06-03 ADOPTED AMENDING CLARIFYING LANGUAGE WITHIN THE HOUSING ELEMENT OF THE GENERAL PLAN (440.25) Proiect Description: The California Department of Housing and Community Development requested clarification of language in the City's General Plan, Housing Element. Both the Housing Advisory Committee and Planning CC Minutes 6 11-06-01 Commission have considered the proposed language and recommended approval with amendments. Written Communications: Report dated November 6, 2001 from Thomas Tomlinson, Planning Director. Oral Presentation: Thomas Tomlinson, Planning Director, presented the staff recommendation. Mayor Hart opened the public hearing and there being no response, closed the public hearing. Council Action: Moved by Mayor pro tem Swerdlin, seconded by Council Member Bathgate, and carried unanimously, 5-0, to adopt Resolution No. 01-11-06-03 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AMENDED LANGUAGE TO CLARIFY LANGUAGE ON PARKING STANDARDS AND PROVISIONS FOR THE HOMELESS WITHIN THE HOUSING ELEMENT" (GPA 01-02) RECESS AND RECONVENE Council recessed at 8:18 p.m. to convene the San Juan Capistrano Community Redevelopment Agency and Capistrano Valley Water District meetings and reconvened at 8:24 p.m. ADMINISTRATIVE ITEMS 1H. CITY MANAGER a. RESULTS OF RESIDENTS' ATTITUDES AND OPINION SURVEY (100.70) Description: Consideration of results of a Residents' Attitudes and Opinion Survey and appointment of two Council Members to work with the City Manager to develop an action plan focused on issues of growth, traffic, water quality and land preservation. Written Communications: Report dated November 6, 2001 from George Scarborough, City Manager. Oral Presentation: George Scarborough, City Manager, reviewed the results of a recent Residents' Attitudes and Opinion Survey. He reported that residents' greatest concerns were related to growth, traffic, water quality and land preservation. He recommended that Council appoint two Council Members to work with the City Manager and staff to develop an action plan to address these issues. CC Minutes 7 11-06-01 Council Action: Mayor Hart appointed Council Members Bathgate and Campbell to work with the City Manager to develop a plan to address issues of growth, traffic, water quality and land preservation. 2H PLANNING DIRECTOR a. 2001 HOME INVESTMENT PARTNERSHIP PROGRAM FUNDING (HOME) APPLICATION SUBMITTAL TO CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AUTHORIZED; CITY MANAGER AUTHORIZED TO EXECUTE AGREEMENT AND AMENDMENTS; AND CITY MANAGER, PLANNING DIRECTOR AND/OR ADMINISTRATIVE SERVICES DIRECTOR AUTHORIZED TO EXECUTE RELATED DOCUMENTS (430.40) Description: Consideration of application for California Department of Housing and Community Development Home Investments Partnerships (HOME) Program funding for 2001-2002. The proposed application would include both a first-time homebuyer and housing rehabilitation activities. Written Communications: Report dated November 6, 2001 from Thomas Tomlinson, Planning Director. Oral Presentation: Debbie Dirnu, Housing Consultant for the City, reviewed the staff recommendation and grant application Council Action: Moved by Council Member Campbell, seconded by Council Member Gelff, and carried unanimously, 5-0, to authorize submittal of an application for the 2001 Home Investment Partnership (HOME) Program funding to the California Department of Housing and Community Development, including first-time homebuyer and housing rehabilitation activities; authorize the City Manager to execute a Standard Agreement and any amendments thereto; and authorize the City Manager, Planning Director and/or Administrative Services Director to execute any related documents necessary for program participation. b. UPHELD PLANNING COMMISSION DENIAL OF HILLSIDE MANAGEMENT (HM) 01-01, INCORPORATING FINDINGS AND EVIDENCE CONTAINED IN THE STAFF REPORT; STAFF DIRECTED TO PREPARE A RESOLUTION REFLECTING COUNCIL'S DETERMINATION FOR COUNCIL CONSIDERATION ON NOVEMBER 20, 2001(VASILE PETEAN) (410.80) Description: Consideration of an appeal of the Planning Commission denial of application by Vasile Petean to modify a previously approved grading plan for a project located at 33571 Valle Road. Written Communications: Report dated November 6, 2001 from Thomas Tomlinson, Planning Director. CC Minutes 8 11-06-01 Oral Presentation: William Ramsey, Principal Planner, made the following report to Council: It's not too often that Council is in the position of conducting meetings to consider appeals of decisions by Planning Commission, or by staff, but on occasion you do find yourself in that position, and that's what we have this evening. We have an appeal filed by property owner up on McCracken Hill, Mr. Vasile Petean, and Mr. Petean is appealing a decision by the Planning Commission this past September 11th, denying a modification of grading plans for his property. We do have a copy of the grading plan concept posted on the wall behind Councilman Gelff, and what I'm going to do is take a moment to describe the grading plan. As Council may be aware at this point in time, there is an incomplete single- family residential structure on the property. The grading plan that Mr. Petean has requested approval for, will create two pads that will be excavated out of the existing flat pad that represents the buildable area on the property. The two padded additions of the rear of the structure will be excavated out of the bottom of the, into the pad that have retaining walls installed, now will provide two living areas, two room additions on the rear of that structure that will have a step-down lower living level than the main level which is essentially a pad on grade construction. For orientation purposes we did provide an aerial photocopy of the aerial photo within your packet. We provided that to the top of the grading plan up on the wall, it shows the location of Mr. Petean's property and his house in relationship to other parcels within that tentative parcel map. That's important because his particular property is one lot of four that comprise the parcel map, and that was part of the original grading plan approval, for the subdivision that was approved back in 1991 as part of the Klein Hillside Management application. As I indicated, the Commission took action on this on September 11th, and they denied the project. On page five of the Agenda item, we provided a complete listing of findings that the Commission would need to make in taking action, and where the Commission departed from the applicant's proposal was with regards to criterion (iii), and, let me go ahead and read that in to the record. That criterion states that "the proposed modification of the grading plan would remain consistent and compatible with immediately adjacent lots and units," and that goes on to further define that. What is crucial is that the criterion that is within the code not only requires a finding of compatibility with regard to the grading on adjoining properties, but it also makes specific reference to units, to dwelling units. So what the Commission did in taking their action to deny it, they looked at the building mass and the incomplete structure on the Petean property and compared that to existing homes on the adjoining property, and most notably lot CC Minutes 9 11-06-01 3, which is directly to the north, there is an intervening vacant lot, lot 2, between Mr. Petean's lot and lot number 3, but up on the wall behind Mr. Gelff too the far left, we have two photographs that shows photographs of the existing structure on lot 3, that particular structure is a single family dwelling with a single story out on the street frontage with a walk out basement to the rear of the structure. The finding of the commission was that the building mass of the structure is fundamentally, fundamentally different and departs from the Petean structure. So the finding and denying the application was that in taking action on this project they had an inconsistency between the units, and the proposed grading plan did nothing to take any step in terms of closing that gap in terms of making the unit compatible with its existing unit on lot 3. Staff recommendation this evening is that the City Council, by motion, deny the appeal consistent with the Planning Commission action and direct staff to prepare the appropriate resolution and findings and we would return to the City Council at your next meeting with the resolution with the appropriate findings, and with that I'll be happy to answer any questions and I do know that the applicant, Mr. Petean, his family and Mr. Tom Merrell, his representative are here this evening. Responding to Council Members' questions, Ramsey later stated: The only action before the Council this evening is an appeal of the Planning Commission's action, Planning Commission has denied the grading pian amendment request that we have before us this evening, and the limit of the Council's Action is consideration of that appeal. Public Comment: Tom Merrell, Civic Solutions, 31726 Rancho Viejo Road #223, representing the appellant, spoke briefly stating that he believed the Council should overturn the Planning Commission. Richard Hill Adams, 33532 Forster Ranch Road, supported the Planning Commission denial as the applicant has not made efforts to reduce the second story the structure reduces the value of other homes in the area, and the request would differ from surrounding structures. Don McCollum, 33761 Valle Road, felt the house should comply with the CC&Rs. He felt the house should be removed as it decreases the value of surrounding homes. Cori Powers, 33551 Valle Road, felt that the applicant should comply with the CC&Rs, as other homeowners have. CC Minutes 10 11-06-01 Michael Skerly, 33572 Valle Road, felt all homes should comply to the CC&Rs. Vivienne de Costa, 33801 Valle Road, felt the structure should be removed as it is a fire hazard. Art Veyna, 33552 Valle Road, concurred with neighbors' comments. Hernan Umanta, 33646 Valle Road, felt the structure was an attractive nuisance and public safety hazard as well as having a negative impact on property values. Vasile Petean, 24432 Ferro Carril, Mission Viejo, applicant, spoke in support of the project, feeling that the project was comparable to other homes in the area. Council Comments: Mayor pro tem Swerdlin stated that he agreed with the staff recommendation. Council Member Bathgate concurred as she felt the house was not compatible with the other homes. Council Action: Moved by Council Member Gelff, seconded by Council Member Bathgate, and carried, 4-0-1, to uphold the Planning Commission denial of Hillside Management (HM) 01-01, incorporating the findings and evidence contained in the staff report and directed staff to prepare a Resolution reflecting the Council's determination for Council consideration on November 20, 2001. ROLL CALL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS H3 COMMUNITY SERVICES DIRECTOR Bathgate, Gelff, Swerdlin, and Mayor Hart None Campbell a. CONSIDERATION OF YOUTH COMMISSION PROPOSAL CONTINUED TO DECEMBER 4, 2001 (110.20) Project Description: Consideration of a proposal by teen residents to establish an official City Youth Commission to serve as an advisory body to the City Council on youth related matters. Written Communications: Report dated November 6, 2001 from Al King, Jr., Community Services Director. CC Minutes 11 11-06-01 Oral Presentation: Al King, Jr., Community Services Director, requested that the item be continued to December 4, 2001, while allowing the Youth in attendance to make comments. Public Comment: Erin J. Cox, 29431 Via Mondano, requested that Council consider developing a Youth Commission to address issues related to the community's youth. Judith Brass, 33511 Calle Miramar, supported development of a Youth Commission. Virginia Nonaca Chavez, 32425 Spyglass, supported development of a youth commission as the City's youth are spread among three schools. Council Action: Mayor Hart continued consideration of Youth Commission proposal to the meeting of December 4, 2001. ORDINANCES: None COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES: No reportable activity COUNCIL COMMENTS Mayor pro tem Swerdlin announced that he had attended a National Water Research Institute seminar and learned that a case study may be performed concerning the City's watershed, including Rancho Mission Viejo. Council Members discussed recent health issues of Jim and Helen Parker, Associated Seniors Action Program members and long term volunteers supporting City efforts and concurred that letter from Council and flowers be sent. John Shaw, City Attorney, requested that Council consider adjourning to a Closed Session; pursuant to Government Code Section 54957, to discuss an urgent personnel matter that became an issue after the agenda was prepared. Council Action: Moved by Council Member Bathgate, seconded by Council Member Campbell and carried unanimously, 5-0, to adjourn to a Closed Session. ADJOURNMENT There being no further business, Mayor Hart adjourned the meeting at 9:26 p.m. to a Closed Session immediately following the meeting, and then to the Regular meeting of Tuesday, November 20, 2001, in the City Council Chamber. CC Minutes 12 11-06-01 Respectfully submitted, M G RET R. MONAHAN, CITY CLERK Adopted: December 18, 2001 ATTEST CC Minutes 13 11-06-01