07-0501_CC_Minutes_Regular Meeting5-1-2007 1
MINUTES
MAY 1, 2007
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION
Mayor Allevato called the Closed Session of the City Council of the City of San Juan
Capistrano to order at 5:30 p.m. in the City Council Chamber.
ROLL CALL
COUNCIL MEMBERS PRESENT: Tom Hribar, Dr. Londres Uso, Mark Nielsen
Mayor pro tem Joe Soto, and Mayor Sam Allevato
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Meg Monahan, City Clerk.
CLOSED SESSION (610.85)
A Closed Session was held for the following purposes, as authorized by statute:
1. Pursuant to Government Code Section 54957, the City Council reviewed the
performance of the City Clerk.
Mayor Allevato invited the public to provide comment. There was no public comment
and the meeting was moved to Closed Session chambers.
RECESS UNTIL 7:00 P.M.
BUSINESS SESSION
Mayor Allevato reconvened the Regular Meeting of the City Council of the City of San
Juan Capistrano to order at 7:02 p.m. in the City Council Chamber. Council Member
Hribar led the Pledge of Allegiance and Mayor pro tem Soto gave the invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Tom Hribar, Dr. Londres Uso, Mark Nielsen,
Mayor pro tem Joe Soto, and Mayor Sam Allevato
5-1-2007 2
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; William M. Huber, Assistant City
Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell,
Administrative Services Director; Nasser Abbaszadeh, Engineering & Building Director;
Steve Apple, Planning Director; Karen Crocker, Community Services Director; Lt. Mike
Betzler, Chief of Police Services; Steve Montano, Assistant Director of Administrative
Services; Teri Delcamp, Historic Preservation Manager; Michael Cantor, Senior
Management Analyst; Lynnette Lehmann, Management Analyst II; Larry Lawrence,
Consulting Case Planner; and Eileen White, Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Uso reported attending a Vector Control Board meeting, including
approval of the budget and pending negotiation of the Executive Director’s agreement;
attending Starbucks opening; meeting with staff regarding Capital Improvement Project
funding; attending the 211 Group leadership awards (recommending the group make a
presentation to Council); and attending the Capistrano Valley High School fundraiser for
a new auditorium.
Council Member Nielsen reported attending the opening of Starbucks; meeting with
Chamber of Commerce members regarding options for a visitors’ center; attending the
City’s Earth Day event; and meeting with newly appointed Capistrano Unified School
District Superintendent Dennis Smith. He encouraged residents to attend the Budget
Workshop on May 9th.
Council Member Hribar reported attending meetings with the adopted Marine Battalion
1/11, Open Space subcommittee, and the Coast Mountain Youth Academy. He also
attended a Municipal Water District of Orange County meeting with two Water Advisory
Commissioners; and encouraged residents to establish water conservation habits.
Mayor pro tem Soto complimented staff on successful Earth Day events and Lt. Dan
Dwyer for his recent promotion.
Mayor Allevato remarked on a successful Earth Day event including participation by
South County agencies; reported conducting Ribbon Cutting ceremonies for Starbucks
and 3M Studios; welcoming an international media conference at the Mission; attending
an Orange County Fire Authority meeting (Capital Improvement Budget approved
including a future fire station east of the City on Ortega Highway); testifying to the State
Legislature concerning opposition to AB 1457, a bill intended to block the completion of
the 241 toll road; participating in a helicopter tour of the 241 toll road alignment; and
planning the 1/11 Marine Battalion Chili Cook-off fundraiser to support battalion families.
5-1-2007 3
OPEN SPACE COMMITTEE
Council Member Nielsen announced the next meeting of the Open Space Committee is
scheduled for 7 p.m. Monday, May 14, 2007, in the Community Center.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: National Historic Preservation month events including a lecture
“Exploring San Juan’s Agrarian Roots” and a historic building tour; and a City sponsored
meeting to hear residents’ views on the environmental report for the proposed recycled
water plan.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. WEEK OF MAY 6 – 12, 2007 DESIGNATED AS NATIONAL PET WEEK AND
BE KIND TO ANIMALS WEEK. (610.40)
Mayor Allevato proclaimed May 6 through 12 as National Pet Week and Be Kind
to Animals Week and presented the proclamation to Erin Kutnick, President of
Capistrano Animal Rescue Effort.
2. WEEK OF MAY 6 – 12, 2007 DESIGNATED AS HISTORIC PRESERVATION
WEEK. (610.40)
Teri Delcamp, Historic Preservation Manager, introduced Historic Preservation
Week events and recognized underwriters of the events including Birtcher
Anderson Realty, Fluidmaster, Friess Company Builders, the Scott Looney
Family, and Stroscher Capistrano LLC. Mayor Allevato proclaimed May 6
through May 12 as Historic Preservation Week, presented proclamations to Mary
Eidsvold, Friends of the Library; Mechelle Lawrence, Executive Director, Mission
San Juan Capistrano; and Lori Porter, and San Juan Capistrano Historic Society;
and presented Certificates of Recognition to the event underwriters in
attendance.
3. LONG TERM EMPLOYEE BRIAN PERRY RECOGNIZED. (730.90)
Nasser Abbaszadeh, Engineering & Building Director, recognized Brian Perry,
Senior Civil Engineer, for his 25 years of service to the City. Mayor Allevato
presented him with a Certificate of Appreciation.
5-1-2007 4
4. WEEK OF MAY 20-26, 2007 DESIGNATED AS INFRASTRUCTURE WEEK
(610.40)
Mayor Allevato proclaimed May 20 through 26 as Infrastructure Week and
presented a proclamation to Nasser Abbaszadeh, Engineering & Building
Director.
5. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Soto recognized the following individuals in attendance: Lori
Porter and Jan Siegel, Cultural Heritage Commission; Erin Kutnick,
Transportation Commission; Ilse Byrnes, Parks, Recreation and Equestrian
Commission and former Mayor Dr. Roy Byrnes; Gene Ratcliffe, Planning
Commission; Les Blair, Council Liaison to the San Juan Seniors; James
Littlejohn, Executive Director of the Boys & Girls Club of Capistrano Valley;
Mechelle Lawrence, Executive Director of the Mission San Juan Capistrano; Teri
Garza, Librarian, San Juan Capistrano Library; Mary Eidsvold, Friends of the
Library; and Scott Brown, Orange County Fire Authority Battalion Chief.
ORAL COMMUNICATIONS
Gwen Rehler, City resident, requested the preservation of trees currently slated for
removal on Calle Rolando.
Jerry Jacobson, City resident, requested City involvement in the development and
grading proposal for a Laguna Niguel site situated on the ridgeline above his
neighborhood. Mayor Allevato appointed himself and Council Member Uso to a Mayor’s
subcommittee to meet with Planning and Engineering staff to study the matter.
Bill Hardy, City resident, announced an alliance of Los Rios neighborhood residents and
businesses; and will keep the City Council advised as to their progress.
Jim Vance, City resident, Capistrano Terrace Mobile Home Park, updated the Council
on appraisal proceedings for residents to purchase the park and thanked staff for their
assistance; and provided information regarding Airfare Rapid Agency Defense fire
suppression methods the park is considering.
Maryann Tucker, City resident, reviewed the contents of a letter she had previously
submitted, urging the City to consolidate with other water districts for more efficient
operations; suggested rate increases should be based on water usage; encouraged
water conservation methods; and recommended alternatives to sewer rate increases.
William Floyd, City resident, suggested re-striping Camino Capistrano to provide for two
southbound lanes to reduce traffic backups.
5-1-2007 5
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Hribar, and carried unanimously, 5-0, to approve items 1, and 3 through 7 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF APRIL 3, 2007, APPROVED WITH
REVISION.
This item was removed from the Consent Calendar by Council Member Nielsen
for revision.
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro
tem Soto, and carried unanimously, 5-0, to approve the minutes of the regular
meeting of April 3, 2007, with the following revision: Page 11, item G-3b Council
Comments, first sentence extended with, “but only if current building signage is
reconsidered.”
3. NEW DEVELOPMENT APPLICATIONS STATUS REPORTS, MONTH ENDING
APRIL 15, 2007, RECEIVED AND FILED. (440.10)
4. CLAIM OF JERRY JACOBSON DENIED BASED UPON THE INVESTIGATION
AND RECOMMENDATION OF THE CITY’S INSURANCE ADJUSTER, CARL
WARREN & COMPANY. (170.70)
5. ON PAPER, ALLOCATE AND ADVANCE $8,000 OF THE $200,000
PREVIOUSLY PLEDGED BY THE CITY COUNCIL FOR CLUB EXPENSES, TO
PAY THE $8,000 PERMIT PROCESSING FEE FOR THE TEEN CENTER AT
THE BOYS & GIRLS CLUB OF CAPISTRANO VALLEY, APPROVED. (390.30)
6. ACCOUNTS PAYABLE WARRANTS DATED APRIL 12, 2007, IN THE TOTAL
AMOUNT OF $599,573.69; AND PAYROLL WARRANTS DATED APRIL 6,
2007, IN THE TOTAL AMOUNT OF $283,577.00, RECEIVED AND FILED.
(300.30)
7. REPORT OF INVESTMENTS, MONTH ENDING MARCH 31, 2007, RECEIVED
AND FILED. (350.30)
8. VACANCIES DECLARED ON THE TRANSPORTATION COMMISSION AND
PLANNING COMMISSION. (110.20)
This item was removed from the Consent Calendar by Council Member Uso to
suggest Council consider disbanding the existing Transportation Commission
and forming a new commission with broader duties, such as taking a proactive
5-1-2007 6
approach with traffic solutions rather than reacting to the projects presented by
staff.
Council Member Nielsen requested Council reconsider the process by which
Council appoints Commissioners prior to filling vacancies. Meg Monahan, City
Clerk, reported discussion of this item is scheduled for the May 15, 2007, Council
meeting. Council Members concurred to open the vacancies and seek
applications in the meantime.
Council Action: Moved by Council Member Uso, seconded by Mayor pro tem
Soto and carried unanimously, 5-0 to declare one vacancy on the Transportation
Commission and one vacancy on the Planning Commission; and direct the City
Clerk to solicit applications to fill the vacancies.
9. VACATION OF DAVID BELARDES’ APPOINTED POSITION TO THE
CULTURAL HERITAGE COMMISSION CONFIRMED. (110.20)
This item was removed from the Consent Calendar by Council Member Nielsen
to reiterate the request that Council consider revisions to the Commission
appointment process.
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro
tem Soto, and carried unanimously, 5-0, to confirm the vacation of appointed
position to the Cultural Heritage Commission by David Belardes according to City
Council Policy 211; and direct staff to solicit applications to fill the term ending
January 31, 2008.
10. MEMORANDUM OF UNDERSTANDING (MOU) WITH CCN USA FOR CCNTV
SYSTEM APPROVED WITH REVISIONS. (600.30)
This item was removed from the Consent Calendar by Council Member Nielsen
for discussion and MOU revision.
Description: The City has been approached by CCNtv Systems to participate, at
no expense to the City, with other local government agencies to share
information with its citizens through digital television screens in high foot traffic
areas within the community. CCN content includes law enforcement updates,
community news, instant alert messages, public service announcements, general
news, and advertising. Future agreements or further City involvement would
need to be approved by Council at a subsequent meeting. Staff recommended
Council approve the MOU and authorize the City Manager to sign the MOU
confirming the City’s initial interest in the CCN community communication
system.
Written Communications: Report dated May 1, 2007, by Dave Adams, City
Manager.
5-1-2007 7
Presentations: Dave Adams, City Manager, reviewed the recommendation.
Fred Armendariz, President of CCN USA, discussed communications benefits
the system will provide; advised the initial installation does not obligate the City to
continue the service; and invited all to attend the City of Santa Ana’s program
launch in 2 months.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to approve the Memorandum of
Understanding with CCN USA for a CCNtv System for Public Affairs and
Emergency Communications with revisions as follows: (a) Section 3: delete
“determined” and insert “mutually agreed;” (b) Section 5: Add sentence at end,
“Client shall have final approval over advertising and such approval should not be
unreasonably withheld;” (c) Section 6: second line, after “archives” add, “Client’s
website both in text and HTML feeds;” and (d) Section 6, add sentence, “Client
shall be approval for all client content;” and authorize the City Manager to sign
the revised MOU confirming the City’s initial interest in the CCN community
communication system.
PUBLIC HEARINGS
1. RESOLUTION NO. 07-05-01-01 ADOPTED CONCERNING THE EASEMENT
ON CALLE ROLANDO FOR STREET AND HIGHWAY PURPOSES.
(CONTINUED FROM APRIL 3, 2007) (670.50)
Description: On September 19, 2006, Council accepted an Irrevocable Offer to
Convey Easement for Calle Rolando in conjunction with the project approvals for
Habitat for Humanity of Orange County. In preparing the final street improvement
plans, an error was discovered which shifted the Calle Rolando right of way.
Before construction of the street improvements may proceed, it is necessary to
rescind the previously adopted Resolution and accept the corrected right-of-way.
Staff recommended Council adopt the resolution rescinding Resolution No. 06-
09-19-06 and accepting the “Irrevocable Offer to Convey Easement” for Calle
Rolando for street and highway purposes; and direct the City Clerk to record the
document with the County Recorder.
Written Communications: Report dated May 1, 2007, by Lynnette Lehmann,
Management Analyst II.
Presentation: Lynnette Lehmann, Management Analyst II, summarized the staff
report.
Mayor Allevato opened the public hearing, and there being no public testimony,
closed the public hearing.
5-1-2007 8
Council Comment:
Mayor pro tem Soto recommended staff consider using 24- or 36-inch box trees
to replace those removed during construction.
Council Action: Moved by Council Member Uso, seconded by Mayor pro tem
Soto, and carried unanimously, 5-0, to adopt Resolution No. 07-05-01-01 entitled
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RESCINDING RESOLUTION NO. 06-09-19-06
AND ACCEPTING THE REVISED IRREVOCABLE OFFER TO CONVEY
EASEMENT FOR CALLE ROLANDO STREET AND HIGHWAY PURPOSES;”
and direct the City Clerk to record the document with the County Recorder.
2. FIRST READING AND INTRODUCTION OF AN ORDINANCE ADOPTING THE
CODIFIED ORDINANCES OF THE COUNTY PERTAINING TO ANIMAL
CONTROL APPROVED. (500.30)
Description: To update and clarify language, staff proposes to amend the City’s
Municipal Code Section 6-1.01, Adoption of County Animal Control Provisions as
well as include provisions for a new “Barking Dog Ordinance.” Adopting the
County’s ordinance specific to animal control by reference will make the County’s
provisions a part of the City’s Municipal Code as though set forth in full. Adopting
the Orange County Board of Supervisors’ “Barking Dog Ordinance” by reference
will allow the City to adopt the County’s current procedure for filing a Nuisance
Complaint for a barking dog. Staff recommended Council approve first reading
and introduction of an ordinance adopting the current and future codified
ordinance of the County pertaining to animal control including the provisions for
barking dog violation and civil fine.
Written Communications:
Report dated May 1, 2007, by Michael Cantor, Senior Management Analyst.
Letter dated April 28, 2007, from Maryann Tucker, City resident, supporting the
staff recommendation.
Presentations:
Michael Cantor, Senior Management Analyst, summarized the staff report.
Jennifer Phillips, Director of Orange County Animal Care Services (OCACS),
described the administration hearing process, action taken on the initial
complaint call, and additional staff to be hired to support the program.
Mayor Allevato opened the public hearing.
5-1-2007 9
Public Testimony:
Maryann Tucker, City resident, supported the ordinance as excessive barking is
not healthy for dogs.
Ilse Byrnes, City resident, suggested excluding equestrian and/or ranch areas
from the ordinance because dogs bark at the wild animals.
James Cummings, City resident, supported the ordinance because the current
ordinance does not provide relief from nuisance dog barking.
Dona Helmick, City resident, opposed the ordinance because citations can be
issued due to false information provided by neighbors.
Mayor Allevato closed the public hearing.
Council Comment:
Council Members concurred the new procedure was an improvement over the
previous cumbersome process; includes provisions to ensure the truthfulness of
the complaint; and is designed to resolve barking dog issues in a educational,
constructive, and professional manner.
Meg Monahan, City Clerk, read the title of the ordinance, entitled: “AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING AND ADOPTING MUNICIPAL CODE SECTION 6-1.01 ADOPTION
OF COUNTY ANIMAL CONTROL PROVISIONS TO REFLECT BY
REFERENCE TITLE 4 OF DIVISION 1 OF THE CURRENT CODIFIED
ORDINANCES OF THE COUNTY PERTAINING TO ANIMAL CONTROL,
WELFARE AND LICENSE REQUIREMENTS INCLUDING PROVISIONS FOR
BARKING DOG VIOLATION AND CIVIL FINE.”
Council Action: Moved by Council Member Uso, seconded by Council
Member Nielsen, and carried unanimously, 5-0, to approve first reading and
introduction of the ordinance adopting the codified ordinances of the County
pertaining to animal control including the provisions for barking dog violation and
civil fine.
3. CONSIDERATION OF AN UPDATE TO THE CITY’S SCHEDULE OF FEES
AND CHARGES FOR CITY SERVICES CONTINUED TO JULY 17, 2007.
(390.10)
Description: Staff has prepared an updated comprehensive fee schedule to take
effect on July 1st which includes proposed fees for the use of the JSerra High
School athletic facilities; and a resolution to adopt a schedule of fees that will
allow the City Manager to administratively adjust fees and charges based on cost
5-1-2007 10
indices. Staff recommended Council adopt a resolution amending Resolution No
06-02-07-05, Schedule of Fees and Charges for City Services.
Written Communications: Report dated May 1, 2007, from Steve Montano,
Assistant Director of Administrative Services.
Presentation: Steve Montano, Assistant Director of Administrative Services,
summarized the staff report.
Mayor Allevato opened the public hearing, and there being no public testimony,
closed the public hearing.
Council Comment:
Council concurred to direct staff to reevaluate the fee schedule to determine if
the fee amounts reflect the existing marketplace; and provide more detailed
explanation of certain fees.
Mayor Allevato appointed Council Members Hribar and Nielsen to a Mayor’s
subcommittee to work with staff to review fees and charges prior to Council
reconsideration of this item.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso, and carried unanimously, 5-0, to continue Consideration of an
Update to the City’s Schedule of Fees and Charges for City Services to July 17,
2007.
RECESS AND RECONVENE
Council recessed at 9:30 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 9:31 p.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. WORKLOAD AND BUDGETARY PRIORITIES FOR FY 2007-08 APPROVED
WITH REVISION. (CONTINUED FROM APRIL 17, 2007) (330.20)
Description: At its March 20, 2007, meeting, Council provided staff a listing of
their individual top 25 priorities for Fiscal Year 2007-2008. Staff has compiled a
consolidated list for Council consideration, revision, and approval. Staff
recommended Council approve the Council Priority List with desired
amendments or changes.
5-1-2007 11
Written Communications: Report dated May 1, 2007, by William M. Huber,
Assistant City Manager.
Presentation: William M. Huber, Assistant City Manager, summarized the staff
report.
Council Comment:
Council concurred to add “Improve City Council Chambers public display” as a
priority.
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro
tem Soto and carried unanimously, 5-0, to approve the City Council Priority List
with the addition of “Improve City Council Chambers public display” as a priority.
G2. PLANNING DIRECTOR
a. APPEAL OF INTERIM PLANNING DIRECTOR’S APPROVAL OF SIGN
PERMITS FOR THE MAMMOTH PROFESSIONAL BUILDING FOR BUILDING-
MOUNTED SIGNS UPHELD. (MAMMOTH EQUITIES) (APPELLANT: ROBERT
KING, SAVE OUR SAN JUAN) (CONTINUED FROM APRIL 17, 2007) (410.60)
Mayor pro tem Soto recused himself from considering this item due to its close
proximity to his residence and left chambers.
Description: On December 19, 2006, Council upheld an appeal and denied
Mammoth’s proposed zoning amendment for the zone district for the Mammoth
Property which would have allowed a special sign permit for the project. In the
alternative, the applicant submitted an application to install signage under the
fixed sign standards of the Office Commercial (OC) district. Based upon
conformance with the OC sign regulations, the sign application was approved by
the Interim Planning Director on February 8, 2007, and released to the Building
Division for plan check and issuance of building permits. In accordance with the
Municipal Code, Mr. Robert King, Save Our San Juan, filed an appeal of the sign
approvals. Staff has determined the sign permits were issued properly and in
accordance with the standards and procedures set forth in the Municipal Code.
Staff recommended Council adopt a resolution denying the appeal and upholding
approval of the sign permits for signs for the Mammoth Professional Building on
Rancho Viejo Road.
Written Communications:
Report dated May 1, 2007, by Larry Lawrence, Consulting Case Planner.
Letter dated April 24, 2007, from Andrew M. Gilford, from Weston, Benshoof,
Rochefort, Rubalcava and MacCuish, LLP, the law firm representing Mammoth
5-1-2007 12
Equities, LLC, setting forth reasons why Mr. King’s appeal of the issuance of the
sign permit is without merit and should be denied.
Letter dated April 25, 2007, from Robert King, President of Save Our San Juan
and representing several homeowners associations, appealing the sign permit
issued April 17, 2007, and combining this appeal with the appeal of the sign
permit issued February 8, 2007.
Letter dated April 30, 2007, from Robert King, Save Our San Juan, requesting
copies of documents of record.
Letter dated May 1, 2007, from Robert King, Save Our San Juan, setting forth the
reasons why the appeal of the sign permits should be upheld.
Presentations:
Larry Lawrence, Consulting Case Planner, reviewed the staff recommendation.
Robert King, appellant, representing Save Our San Juan and several
homeowners associations, received the Mayor’s approval to submit a letter from
Save Our San Juan, dated May 1, 2007, and reviewed its contents, explaining
reasons for appeal. The reasons include improper notice as required by CDP
90-2, failure to follow the California Environmental Quality Act (CEQA) process
as the Planning Director used discretionary judgment in approving the building-
mounted signs; negative impact of the signage on the northern entrance to the
City; improper application of the “Office and Commercial District” sign code
standards to the permit application; the prominent nature of the building; the
applicant’s disregard of prior direction from the City Council; and lack of need for
lighted signs with office uses.
Elizabeth Fierman, Weston, Benshoof, Rochefort, Rubalcava, MacCuish, 333 S.
Hope Street, 16th Floor, Los Angeles, attorney representing Mammoth Equities,
requested denial of the appeal as the sign program was supported by the
Planning Commission; application for a sign permit is a right under the Land Use
Code; all requirements and design criteria of the Land Use Code were met; the
application is not subject to CEQA regulations; and there is no prohibition for
multiple signs.
Public Comment:
Jeff Sewell, City resident, supported the appeal. He felt the building-mounted
signs were out of character with the city.
David Powers, City resident, representing the resident homeowners on Spotted
Bull Lane, felt the lighting on the sign was much too bright and out of character.
5-1-2007 13
Lois Powers, City resident, opposed the signs as they are out of character for the
City and inconsistent with what is usually allowed.
Yvonne Tschaikowsky, City resident, opposed the signs because they were
inconsistent with the City’s character and located in a prominent location that
serves as an entrance to the City.
Council Comments:
Council Member Nielsen supported upholding the appeal because approval of
the building-mounted sign permit is inconsistent with Title 9 of Municipal Code
and the Community Design Element of the General Plan. These documents
identify the requirement for the highest quality design and the important role of
signage in achieving the City’s policy; call for preserving and promoting
characteristics that create a sense of place within the City, while identifying City
entryways as defining the sense of place; and provide for design controls. He felt
Staff followed the letter of the City’s ministerial process, but the Council has
discretion to reach a different determination based on adopted policies and
ordinances. He felt the building-mounted signs should have been subject to
Planning Commission review because they are in a prominent location and
significantly impact the community. The applicant ignored the direction Council
previously provided, where they indicated potential support for a sign program
that is consistent with and enhances the character of the community and the
community’s entryway, including potential monument signs.
Council Member Hribar felt the sign permit resulted in a cluttered appearance,
that the signs were out of scale, and sign lighting is unnecessary. He suggested
the developer meet with Council Members to develop a sign program that
includes readable signs and monument signs. He supported staff
recommendation to deny the appeal.
Mayor Allevato felt that the process should have included more neighbor input
and notification. Although the building-mounted signage complied with the letter
of the law, it did not respond to the spirit of the law. Because of the building’s
prominent location, lighted signage is inappropriate and not compatible with the
City. He noted that Council previously provided sign program direction, which
was ignored by the applicant. He supported upholding the appeal.
Council Member Uso concurred with Council Member Nielsen. He suggested
any further signage proposed for the site be referred to the Planning Commission
for their review; and recommended the applicant work with staff and return to
Council with a reasonable resolution and approvable sign program.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso, and carried 3-1-1, with Council Member Hribar against, and Mayor
pro tem Soto abstaining, to uphold the appeal of Interim Planning Director’s
5-1-2007 14
February 8, 2007, approval of sign permits for the Mammoth Professional
Building for building-mounted signs based on findings that 1) the sign application
is not consistent with Municipal Code Section 9-3.543(a)-Purpose and Intent, and
the General Plan-Community Design Element, Issues, Goals and Policies, and in
particular the reference to design criteria and sign controls; 2) Staff exercised
discretion in applying sign standards in applying sign standards and determining
prominence of location; 3) the site is a prominent location and subject to
Municipal Code section 9-2.343 as such; 4) no future sign applications for this
location may be administratively approved due to its prominent location, requiring
at minimum Planning Commission review; and 5) Staff to return to Council with a
written set of findings reflecting this motion.
ROLL CALL
AYES: COUNCIL MEMBERS: Nielsen, Uso, Mayor Allevato
NOES: COUNCIL MEMBERS: Hribar
ABSTAIN: COUNCIL MEMBERS: Soto
Mayor pro tem Soto returned to chambers.
ORDINANCES - None
COUNCILMANIC ITEMS
Council Member Uso suggested higher penalties for persons on motorized vehicles
caught using the City’s trails, as they are a danger to equestrians. John Shaw, City
Attorney, said he would return to Council with some options.
Mayor Allevato shared a letter from Orange County Fire Authority Division Chief Dave
Pierce supporting the Ortega Highway widening to four lanes to increase safety for
firefighters and citizens. Safety would be increased because four lanes eliminate use of
opposing lanes to pass traffic when responding to emergencies. Mayor Allevato
suggested staff be directed to communicate to Caltrans Council concurrence that the
portion of Ortega Highway in front of the Hunt Club that is currently four lanes remain in
its current configuration. Council Members concurred that there is no need to widen
Ortega west of Via Cordova and directed staff to forward their position to Caltrans.
Council Members Nielsen and Uso advised they withhold support for any widening of
the road pending consideration of a full project Environmental Impact Report and other
potential project proposals.
5-1-2007 15
ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting at 10:56 p.m. to
Tuesday, May 9, 2007, at 7:00 p.m. for a Budget Workshop in the City Council
Chamber.
Respectfully submitted,
_________________________________
MARGARET R. MONAHAN, CITY CLERK
Approved: June 5, 2007
ATTEST:
__________________________________
SAM ALLEVATO, MAYOR