07-0821_CC_Minutes_Regular Meeting8-21-2007 1
MINUTES
AUGUST 21, 2007
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION
Mayor pro tem Soto 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 (arrived: 5:35 p.m.)
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; Cindy Russell, Assistant City Manager;
Steve Apple, Planning Director; and Meg Monahan, City Clerk.
CLOSED SESSION (610.85)
Mayor Allevato invited the public to provide comment. There was no public comment and
the meeting was moved to Closed Session chambers. A Closed Session was held for the
following purposes, as authorized by statute:
1. Pursuant to Government code section 54956.9, the City Council conferred with its
legal counsel regarding the status of City of San Juan Capistrano v. City of Laguna
Niguel.
2. Pursuant to Government Code Section 54957, the City Council reviewed the
performance of the City Manager.
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. Lauren Hart, local resident,
sang “God Bless America,” followed by the “National Anthem;” 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
8-21-2007 2
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; John Shaw, City Attorney; Meg Monahan,
City Clerk; Cynthia L. Russell, Assistant City Manager; Nasser Abbaszadeh, Engineering &
Building Director; Steve Apple, Planning Director; Karen Crocker, Community Services
Director; Lt. Mike Betzler, Chief of Police Services; Grant Taylor, Assistant Planning
Director; Teri Delcamp, Historic Preservation Manager; Douglas Dumhart, Economic
Development Manager; David Contreras, Associate Planner; and Eileen White, Recording
Secretary
Agenda items are presented in the originally agendized order for the benefit of the reader,
but were not necessarily heard in that order.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Nielsen reported attending the Barn Dance, meeting with Crystal
Cathedral Ministries, and a meeting regarding City fees. He encouraged community
participation in the upcoming blood drive.
Council Member Hribar reported attending a water quality and watershed meeting; South
Orange County Wastewater Authority finance meeting; City fees meetings; and funeral
services for local resident Al Bumgardner. He also attended a wedding involving two local
families, commenting on the quality of our local youth in attendance.
Council Member Uso reported attending the San Juan Summer Nites concert; the Barn
Dance; and the Vector Control Board 60th Anniversary meeting. He thanked staff for their
efforts during the concert series and the community for their support in successfully
challenging the proposed development of a United States Postal mail processing center in
our community.
Mayor pro tem Soto reported attending a water quality and watershed meeting; Orange
County League of Cities meeting; grand opening of J-Star Motors; the tri-cities water savers
forum; San Juan Summer Nites concert; an Eagle Scout induction ceremony; and meeting
with Crystal Cathedral Ministries. He recognized the Community Services Department for a
successful concert series.
Mayor Allevato reported performing the Ribbon Cutting for J-Star Motors; conducting a
press conference concerning the proposed United States Postal mail processing center
and thanked the public for supporting efforts to oppose the facility; attending a meeting with
Crystal Cathedral Ministries concerning the pending sale of their property to the US Post
Office, noting they had informed the City of the proposal in a timely manner. He also
attended the Military Wives Night Out event and the Barn Dance. Mayor Allevato
announced his employment with the City of Irvine, Great Park Design Studio and his plans
to stay in the community after selling his large home for downsizing purposes.
8-21-2007 3
OPEN SPACE COMMITTEE REPORT
No reportable activity (see Agenda Item G 2c for report on proposed postal processing
facility).
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: Red Cross Blood Drive; Rancho Mission Viejo Rodeo; Boys & Girls
Club of Capistrano Valley “California Dreamin” event; Historical Society annual Heritage
Barbeque; Rancho Mission Viejo Amantes Camp; and the Shea Therapeutic Riding Center
barbeque.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Soto recognized the following individuals in attendance: Gene
Ratcliffe and Ginny Kerr, Planning Commission; Kathy Hooper and Ilse Byrnes,
Parks, Recreation and Equestrian Commission; Don Tryon and Jan Siegel, Cultural
Heritage Commission; Les Blair, Council Liaison to the San Juan Seniors; and John
Elwell, former Interim Public Works Director. He extended birthday and anniversary
wishes to Robert Cardoza, Planning Commissioner.
ORAL COMMUNICATIONS
Joan Irvine Smith, City resident, thanked the City for support of the recent and successful
horse auction; and ascertained that following submittal of City comments to the proposed
Ortega widening, further action will be based on Caltrans response.
Jim Vance, City resident, representing Capistrano Terrace Mobile Home Park, informed
that the park residents have submitted an offer to purchase the park based on an appraisal.
Jan Siegel, City resident, congratulated the Council on successfully opposing the proposed
mail processing center.
Bob King, City resident, Save Our San Juan, felt the most recent signage application by
Mammoth Equities did not respond to the Council’s direction. He felt it was inappropriate to
have both monument and building signs and requested the current signs on the building be
removed. He presented a petition in opposition to the recent sign application.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member Uso, and
carried unanimously, 5-0, to approve items 1 through 5, 7, 10, and 13 as recommended by
staff.
8-21-2007 4
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF JULY 17, 2007, APPROVED.
3. MINUTES OF THE SPECIAL MEETING OF JULY 23, 2007, APPROVED.
4. MINUTES OF THE SPECIAL MEETING OF JULY 24, 2007, APPROVED.
5. ACCOUNTS PAYABLE WARRANTS, DATED AUGUST 2, 2007, IN THE AMOUNT
OF $2,438,587.51; AND PAYROLL WARRANTS, DATED AUGUST 10, 2007, IN
THE AMOUNT OF $305,924.39, RECEIVED AND FILED. (300.30)
6. RESOLUTION NO. 07-08-21-01 ADOPTED APPROVING THE NOTICE OF
COMPLETION FOR THE RECYCLED WATER SUPPLY SYSTEM PROJECT (CIP
NO. 755) AND RANCHO VIEJO ROAD DOMESTIC WATERLINE. (CIP NO. 754)
(600.30)
This item was removed from the Consent Calendar by Council Member Nielsen to
ascertain from staff that Rancho Viejo Road has been returned to its original
condition as required in the project conditions.
Council Action: Moved by Council Member Nielsen seconded by Council
Member Uso and carried unanimously, 5-0, to adopt Resolution No. 07-08-21-01,
entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO
PLANS AND SPECIFICATION FOR THE RECYCLED WATER SUPPLY SYSTEM
(CIP NO. 755) AND RANCHO VIEJO ROAD DOMESTIC WATERLINE (CIP NO.
754) (DESIGNO CONSTRUCTION, INC.);” approve Change Order No. 1 in the
amount of $40,135.54; and direct the City Clerk to process recording of the notice of
completion and release the retention in the amount of $178,906.75, thirty-five days
after recordation.
7. RESOLUTION NO. 07-08-21-02 ENTITLED “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING PUBLIC WATER AND SEWER FACILITIES, RELEASING RELATED
SURETIES; AND AUTHORIZING ISSUANCE OF A NOTICE OF COMPLETION
FOR PUBLIC WATER FACILITIES. (VALLE RANCH, LLC – TRACT 16678),”
ADOPTED. (600.30)
8. REIMBURSEMENT AGREEMENT WITH MCI COMMUNICATIONS SERVICES,
INC. FOR THE VEREDA BIKEWAY UNDERCROSSING APPROVED. (CIP NO.
124) (600.30)
This item was removed from the Consent Calendar by Council Member Nielsen to
establish that staff is still working to find funding sources to cover the project
shortfall.
8-21-2007 5
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso, to approve Reimbursement Agreement in the amount of $34,393.22
with MCI communications Services, Inc. for utility line relocation associated with the
Vereda Bikeway Undercrossing.
9. REVISED SECOND AMENDMENT TO LICENSE AGREEMENT FOR
TEMPORARY PUBLIC PARKING ON THE FORMER WALNUT GROVE
RESTAURANT PROPERTY APPROVED. (STROSCHER G3, LLC, APN 124-170-
12) (600.30)
This item was removed from the Consent Calendar by Council Member Nielsen to
discuss project cost itemization.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried unanimously, 5-0, to approve Revised Second
Amendment to the License Agreement with Stroscher G3, LLC, to add temporary
public parking on the former Walnut Grove Restaurant property.
10. CASH BALANCES BY FUND – MAY 31, 2007, RECEIVED AND FILED. (330.50)
11. LICENSE AGREEMENT FOR USE OF THE CONCESSION STAND AT THE
SAN JUAN CAPISTRANO SPORTS PARK APPROVED WITH REVISION. (SAN
JUAN CAPISTRANO LITTLE LEAGUE) (600.30)
This item was removed from the Consent Calendar by Council Member Nielsen to
recommend revision to the agreement for clarification purposes.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to approve the License agreement
between the City and San Juan Capistrano Little League for the use of the
concession stand at the San Juan Capistrano Sports Park for five months each year,
for a five year period, beginning March 2008 through August 2013, with language in
Section 11 – Non-Seasonal Operation – of the agreement (last paragraph of the
section) to be rewritten to state the agreement is nonexclusive and the City reserves
the right to grant use to others.
12. RESOLUTION NO. 07-08-21-03 ADOPTED APPROVING THE PRELIMINARY
DESIGN PLANS FOR JUNIPERO SERRA ROAD AND RANCHO VIEJO ROAD
INTERSECTION IMPROVEMENTS. (CIP NO. 404) (330.30/600.30)
This item was removed from the Consent Calendar by Council Member Nielsen for
additional information regarding tree removal plans and fees imposed by Caltrans.
Mayor pro tem Soto commended staff and the Commissions involved in the design
and approval of this project; and felt the right turn only prohibition could be
monitored and adjusted as needed.
8-21-2007 6
Public Comment:
Bob King, City resident, supported allowing right-on-red turns from southbound
Rancho Viejo Road to Junipero Serra to facilitate traffic flow; and imposing fines on
drivers blocking the intersection.
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Hribar, and carried unanimously, 5-0, to adopt Resolution NO. 07-08-21-03, entitled
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING PRELIMINARY DESIGN PLANS FOR THE
INTERSECTION OF JUNIPERO SERRA ROAD AND RANCHO VIEJO ROAD;”
approve Budget Amendment in the amount of $23,000 from the Capistrano
Circulation Fee Program; adopt the Mitigated Negative Declaration; and direct staff
to closely monitor the right turn only prohibition and make adjustments if necessary.
13. APPOINTMENT OF LAURA FREESE AS THE CITY’S REPRESENTATIVE TO THE
ORANGE COUNTY VECTOR CONTROL BOARD, TERM ENDING DECEMBER 31,
2008, APPROVED. (610.60)
PUBLIC HEARINGS
1. URGENCY ORDINANCE NO. 929 EXTENDING INTERIM URGENCY ORDINANCE
927 RELATING TO ESTABLISHMENT OF ZONING RESTRICTIONS FOR
MEDICAL MARIJUANA DISPENSARIES ADOPTED. (420.30)
Description: On July 17, 2007, the City Council adopted Urgency Ordinance 927
establishing interim zoning restrictions prohibiting the establishment of medical
marijuana dispensaries within any zoning district of the City. Extension of the
ordinance, as authorized under Government Code Section 65858, will allow staff
additional time to conduct the recommended zoning study. Staff recommended
Council adopt an ordinance extending Urgency Ordinance 927 for a period of up to
10 months and 15 days.
Written Communications: Report dated August 21, 2007, by Steve Apple, Planning
Director.
Presentation: Steve Apple, Planning Director, summarized the staff report.
Mayor Allevato opened the public hearing, and there being no public testimony,
closed the public hearing.
Meg Monahan, City Clerk, read the title of the ordinance.
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Hribar, and carried unanimously, 5-0, to adopt Urgency Ordinance No. 929,
entitled, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN
8-21-2007 7
CAPISTRANO, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 927
RELATING TO THE ESTABLISHMENT OF ZONING RESTRICTIONS ON THE
ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES PURSUANT TO
GOVERNMENT CODE SECTION 65858.”
RECESS AND RECONVENE
Council recessed at 8:10 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 8:27 p.m.
ADMINISTRATIVE ITEMS
G1. ADMINISTRATIVE SERVICES DIRECTOR
a. WATER MASTER PLAN FINANCING PROGRAM AND RATE STUDY RECEIVED
AND FILED; AND STAFF DIRECTED TO BEGIN THE PROPOSITION 218
HEARING PROCESS. (1050.20)
Description: The City’s main source of revenue for the operation of the City’s water
system is the monthly water user rates. The water rates provide the funding for
water costs, treatment costs, transmission and distribution; customer service,
administration, engineering, and technical support; and capital replacement and debt
service. In July 2007, staff completed the Water Master Plan Financial Program
Update and Rate Study, indicating the need for an 11.6% increase to the City’s
water rates in FY 2007/2008, and an increase of 2.65% in subsequent years for an
overall increase of approximately 24% increase over the next five year planning
period. A more in-depth study, requiring outside expertise, would have to be
undertaken to change assumptions related to Tier allocations and/or water rate
variations. The user fee increase will generate the necessary increase in revenues
from user rates without using excess revenue from wasted water. The rate study
also provides for an alternative rate structure that calls for an increase of 8.5% in FY
2007/2008, and an increase of 3.4% annually for the next four years. In order to
raise the water user rates, the City must follow the Proposition 218 notice and public
hearing procedures, which require the City to provide written notice of the proposed
rate increase and public hearing to every property owner. Staff recommended
Council review and provide comments to staff regarding the Water Master Plan
Financing Program Update and Rate Study; receive and file the Water Master Plan
Financing Program Update and Rate Study; and direct staff to begin the Proposition
218 Hearing process for consideration of the proposed water rates.
Written Communications:
Report dated August 21, 2007, by Cindy Russell, Assistant City Manager.
Letter dated August 19, 2007, from John Perry, City resident, opposed to rate
increases and urging review of the City’s water services operation to ensure its
8-21-2007 8
efficiency; questioning whether the Ground Water Recovery Plant can produce the
budgeted output and the wisdom of implementing a Domestic/Recycled Water
Master Plan; and suggesting the City partner with the City of Dana Point to build a
desalination plant.
Letter dated August 20, 2007, from Jack Chestek, City resident, requesting Council
direct staff to obtain additional research before raising water rates.
Presentation: Cindy Russell, Assistant City Manager, summarized the staff report
and narrated a slide presentation.
Council Discussion:
Council Member Nielsen ascertained that bifurcation of Tier I rates to establish lower
rates for water conservers and increased rates for higher users would require a
more in-depth study and additional analysis.
Council Member Uso established that if the Council wished to consider incorporating
rate increases based on a financial index, it would need to be included in the study
to prepare for a Proposition 218 hearing process. It had not been included in the
current study.
Mayor pro tem Soto ascertained the proposed rate increases are applicable for a
five year planning period, after which the Proposition 218 hearing process will be
repeated, should the City proposes increases after five years.
Council Member Hribar established the projected revenues do not rely on additional
development in town or implementation of water conservation measures; and large
meter fees will go down as a result of independent meter calculations that indicate
uneven allocation of meter fees in the past.
Public Comment:
John Perry, City resident, was concerned the ground water recovery plant was not
producing as contractually required and a proposed non-domestic recycled water
plant could be problematic. He was opposed to rate increases, questioned the
efficiency of the City’s water operation, and suggested joining with a neighboring
water district to build a desalination plant.
Richard Gardner, Dana Point resident, supported the proposed increases,
suggested higher charges for new connections, and recommended billing
statements that clearly indicate charges based on usage to encourage conservation.
8-21-2007 9
Council Comment:
Council Member Uso acknowledged the need to resolve issues with the Ground
Water Treatment Plant; supported raising the water user rates as necessary to be
fiscally responsible and cover the cost of providing service. He felt a rate system
was needed in the future to improve service and discourage water use abuse. He
expressed confidence in staff’s ability to efficiently operate the water system but felt
it was important to continually look for ways to provide water in the most efficient
way.
Council Member Nielsen expressed concern that the proposed water user rates will
be higher than the median in the future; supported exploring expense reductions to
help lower rates; and stressed the need for increased water conservation efforts and
further division of tiered rates to reward those conserving water and penalize those
using excess amounts.
Council Member Hribar supported adjusting the Tier I rates for more equitable billing.
Mayor pro tem Soto supported adjusting the Tier I rates in order to identify those
using excess water so they can be charged accordingly.
Mayor Allevato supported adopting the Master Plan; earmarking the excess
revenues associated with Tiers II and III to go toward an in-depth study of rates in
the future; directing staff to look for ways to reduce operating costs; and considering
lower rates for those facing large increases.
Council Members concurred that the current five year plan should be initiated to
allow the Proposition 218 hearing process can proceed to cover the current cost of
providing water service. Concurrence was also reached that that a more in-depth
study, for future consideration, needs to be conducted to study various rates
structures to best meet the need to efficiently provide water, encourage water
conservation, while discouraging water misuse.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar, and carried unanimously, 5-0, to receive and file the Water Master
Plan Financing Program Update and Rate Study; direct staff to begin the Proposition
218 Hearing process for consideration of the proposed water rates; earmark excess
revenue from Tier II and III water rates for a more in-depth rate study; and direct
staff to look at ways to reduce operating costs.
b. FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING THE
MUNICIPAL CODE RELATING TO HEARING PROCEDURE FOR REVOCATION
OR NON-RENEWAL OF MASSAGE LICENSES. (390.60)
Description: The ordinance revisions concerning massage establishments and
technicians adopted by Council in 2005 contained two different appeals processes.
8-21-2007 10
Technical changes to the appeals process suggested by staff will make the two
different appeals processes consistent and deemed final at the City Manager appeal
level with a right of appeal directly to a court of law. Staff recommended Council
approve reading and introduction of an ordinance amending Chapter 24, Title 5,
Section 5-24.25 “Regulation of Massage Therapy” relating to hearing procedures for
revocation or non-renewal of massage licenses.
Written Communications:
Report dated August 21, 2007, by Diane Regier, Management Analyst I.
Supplemental Agenda Report dated August 21, 2007, by Cindy Russell, Assistant
City Manager.
Presentation:
Cindy Russell, Assistant City Manager, reviewed the staff recommendation.
Meg Monahan, City Clerk, read the title of the ordinance, entitled, “AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
MUNICIPAL CODE SECTION 5-24.17 OF CHAPTER 24 ‘REGULATION OF
MASSAGE THERAPY’, RELATING TO HEARINGS FOR REVOCATION OR NON-
RENEWAL OF LICENSES.”
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to approve first reading and introduction
of an ordinance amending the Municipal Code relating to hearing procedures for
revocation or non-renewal of massage licenses.
G3. PLANNING DIRECTOR
a. ARCHITECTURE PLANS CONCERNING ARCHITECTURAL CONTROL (AC) 05-
09 LOS RIOS PARK & PARKING LOT (CIP 465) APPROVED AS PRESENTED.
(PROJECT LOCATION: 31790 PASEO ADELANTO) (410.60)
Description: On April 4, 2006, Council approved a “passive park” Master Plan
concept for Los Rios Park and Parking Lot. Staff and the consultants have been
using the Master Plan as a guide for developing and refining the Master Plan
elements, including playground equipment and picnic area concepts. On July 10, the
Planning Commission considered the project, found the proposed play features not
in keeping with the “passive park” Master Plan, and recommended removal of the
playground equipment as well as picnic areas and recommended a “botanical”
garden type passive park. Staff recommended Council review the project status and
direction provided by City commissions and committees; finalized project direction
regarding the proposed design elements; and direct staff to proceed with
development of project construction plans and specifications.
8-21-2007 11
Written Communications: Report dated August 21, 2007, prepared by David
Contreras, Associate Planner.
Presentations:
David Contreras, Associate Planner, summarized the staff report. He noted
construction is slated to begin in late spring or early summer 2008.
Karen Crocker, Community Services Director, provided design details for the park
and noted preliminary results of the Needs Assessment Survey indicate the public’s
desire to increase playgrounds and picnic facilities; noted original concepts for the
park call for the tot lot, theme play area, and picnic areas. Field staff will monitor the
parks to ensure public compliance, and the restrooms will be monitored and locked
at dusk. She noted staff has submitted grant applications to help fund the park and
the projected construction costs are within the budgeted amounts.
Lt. Mike Betzler, Chief of Police Services, reviewed park features included to
promote crime prevention through environmental design.
David Volz, David Volz Designs, reviewed the lighting plans designed with Police
Services input to provide adequate safety measures.
Public Comment:
Dave Davidson, City resident, felt the park should not include play areas as these
were not part of the original plan.
William Hardy, City resident, encouraged the Council to move forward with the plans
as proposed by staff.
Stephen Rios, City resident, opposed the play areas and abundance of picnic tables
due to impacts from noise pollution; and felt the proposed plan did not comply with
the original “passive park” concept plans.
Kathy Hooper, representing the Parks, Recreation and Equestrian Commission,
noted the Commission’s enthusiastic support of the proposed park elements and its
ability to appeal to tourists.
Council Comment:
Council Members generally supported the park design as it reflected a great deal of
community participation in the design process and felt completion would be a
notable asset to the community. General comments responded to resident concerns
of noise impacts. Council felt the tot lot would not likely impact area residents more
than the popularity of Zoomars by the area’s children.
8-21-2007 12
Mayor pro tem Soto felt that if a reduction was needed in the number of picnic tables
to reduce impacts on neighbors, this could be done in the future. Council Member
Hribar and Nielsen would consider a reduced number of table.
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Hribar, and carried unanimously, 5-0, to approve the Los Rios Park Project direction
as presented; and direct staff to proceed with development of project construction
plans and specifications
b. APPEAL TO KEEP FOUR DOGS AT THE SEYMOUR RESIDENCE, 31481 LA
CALERA STREET, UPHELD. (500.30)
Description: The Seymours submitted an application to the County of Orange
Animal Care Services to allow four dogs to be kept at their residence. Following
contact from Animal Care Services, the Planning Director denied the animal permit
based on Municipal Code Section 9-3.525 because required findings could not be
met due to one complaint of excessive barking generated by the approval process
and registration requirements. Staff recommended Council adopt a resolution
denying the appeal based on Municipal Code Sec. 9-3.525 and direct staff to review
alternative approaches to address potential future dog appeals.
Written Communications:
Report dated August 21, 2007, by Nicholas Taylor, Planning Technician.
Supplementary Agenda Report dated August 21, 2007, by Nicholas Taylor, Planning
Technician.
Letter dated August 16, 2007, from the Laurie and Joe Seymour, City residents,
setting forth their reasons why their appeal should be upheld; and submitting a copy
of their letter sent to the complaining neighbor.
Letter dated August 17, 2007, from the Laurie and Joe Seymour, City residents,
submitting a petition signed by 11 neighbors supporting their appeal to keep four
dogs at their residence.
Letter dated August 17, 2007, from Yvonne Tschaikowsky, City resident, vouching
for the character of the appellants.
Email dated August 20, 2007, fro Diane Armitage, City resident and Seymour
neighbor, supporting the request for a license to keep 4 dogs at their home.
Presentations:
Steve Apple, Planning Director, summarized the staff report.
8-21-2007 13
Laurie Seymour, appellant, said they were not aware of the City’s four dog
prohibition, which was discovered during processing the required vaccinations
through Animal Services. She requested Council uphold the appeal because the
dogs are well cared for, kept in the residence the majority of the time, and
considered family. Two of the dogs are owned by a family member living in a
residence that does not allow pets.
Public Comment:
Yvonne Tschaikowsky, City resident, asked that Council support the appeal as the
Seymours are responsible citizens and the dogs are well kept.
Council Comment:
Council Members noted flaws with current requirements which were driven by
complaints, which could be retaliatory in nature and the concern that the current
ordinance was problematic, requiring dog owners to be in violation for at least 12
months in order to meet required findings to qualify for an exception. It was noted
that many neighbors supported the appeal, while no complaints were brought
forward to this noticed meeting. Council Members concurred that the required
findings and conditions can be met to allow more than three dogs on site.
Council Action: Moved by Mayor Allevato, seconded by Council Member Uso
and carried unanimously, 5-0, to uphold an appeal to keep four dogs at a residence
based on evidence that the appellant has taken appropriate and responsible steps to
register and care for the dogs; all neighbors, except one, support the appellant
keeping four dogs; and the complainant has not come forward to support their
concern; and staff directed to return to Council with an Ordinance revising the
appeal and hearing process, including consideration of facts surrounding complaints.
C. STAFF DIRECTED REGARDING LAND USE/ENVIRONMENTAL CONCERNS
REGARDING POST OFFICE MAIL PROCESSING FACILITIES BUILDING ON
CAMINO CAPISTRANO. (420.10)
Description: Staff reviewed the United States Postal Service (USPS) proposal to
build a 430,000 square foot mail processing facility with a 400 vehicle parking lot on
Camino Capistrano near the northern City limits and identified a number of
environmental and basic land use issues, and determined the City’s Land Use
Element of the General Plan would not allow such a facility on the subject property.
Staff prepared a comment letter identifying the environmental land use issues of
concern for Council review. Upon hearing of the proposed facility, the City, several
adjacent communities, and many residents went on record opposing the project. On
August 20, 2007, the USPS released a statement indicating they have determined
the subject site is not suitable for the mail facility. Staff recommended Council 1)
Formally ratify the efforts undertaken to oppose the project, 2) Direct staff to
continue to monitor the situation and bring the item back immediately if there are any
8-21-2007 14
significant changes, and 3) Continue to work with the Crystal Cathedral Ministries on
finding an acceptable use for the property they own.
Written Communications:
Report dated August 21, 2007, from Steve Apple, Planning Director.
Letter dated August 14, 2007, from Patricia Martz, president of California Cultural
Resource Preservation Alliance (CCRPA), P.O. Box 54132, Irvine, CA 92619-4132,
opposing the mail processing facility due to potential negative impacts to the City’s
open space, and historical, archaeological, and sacred site values.
Form letter dated August 15, 2007, addressed to “Dear Legislator,” opposed to the
proposed mail processing facility due to its potential to destroy the foundation and
fabric of the community, with notation that approximately 300 copies of this letter
were sent by the public.
Email dated August 17, 2007, from Robert King, representing Save Our San Juan,
opposed to the proposed USPS facility due to negative environmental, traffic, and
community safety impacts.
Letter dated August 19, 2007, from Maryann Tucker, City resident, supporting the
Save Our San Juan position.
Letter dated August 19, 2007, from Dr. James and Diane Sears, City residents,
opposed to the mail processing facility and supporting the actions identified in the
Save Our San Juan letter dated August 17, 2007.
Letter dated August 19, 2007, from Yvonne Tschaikowsky, City resident, opposed to
the mail processing facility and supporting the actions identified in the Save Our San
Juan letter dated August 17, 2007.
Email dated August 20, 2007, from James J. O’Sullivan, City resident, opposed to
the mail processing facility as it will counter open space actions and destroy the
north entrance of the City.
Email dated August 20, 2007, from Steve Getty, City of residence unidentified,
opposed to the mail processing facility and supporting the Save Our San Juan
position.
Email dated August 20, 2007, from kaynsanjuan, city of residence unidentified,
opposed to the mail processing facility and supporting the Save Our San Juan
position.
8-21-2007 15
Email dated August 20, 2007, from Russell and Laura Reeves, City residents,
opposed to the mail processing facility due to traffic impacts and arguments
identified in the Save Our San Juan letter dated August 17, 2007.
Letter received August 20, 2007, from Austin H. Comer, City resident, opposed to
the mail processing facility and supporting the Save Our San Juan position.
Email dated August 20, 2007, from Barbara Sanderson, City resident, opposed to
the mail processing facility due to negative traffic impacts.
Email dated August 20, 2007, from Chris Chapman, City resident, opposed to the
mail processing facility and supporting the actions identified in the Save Our San
Juan letter dated August 17, 2007.
Email dated August 20, 2007, from Eva Crabbs, city of residence unidentified,
supporting the actions identified in the Save Our San Juan letter dated August 17,
2007.
Email dated August 20, 2007, from Linda York, city of residence unidentified,
opposed to the mail processing facility and supporting the actions identified in the
Save Our San Juan letter dated August 17, 2007.
Email dated August 20, 2007, from Reese Freeland, Betty Freeland and James
Hansen, City residents, opposed to the mail processing facility and supporting the
actions identified in the Save Our San Juan letter dated August 17, 2007.
Email dated August 20, 2007, from Mark and Diane Wallach, City residents,
opposed to the mail processing facility and supporting the actions identified in the
Save Our San Juan letter dated August 17, 2007.
Email dated August 20, 2007, from Milo Weaver, City resident, opposed to the mail
processing facility and supporting the actions identified in the Save Our San Juan
letter dated August 17, 2007.
Email dated August 20, 2007, from Roy and Ilse Byrnes, City residents, opposed to
the mail processing facility and supporting the actions identified in the Save Our San
Juan letter dated August 17, 2007.
Email dated August 20, 2007, from Sarah Ellingson, representing the Irvine
Community Development Company, 550 Newport Center Drive, Newport Beach, CA
92660-7011, opposed to the mail processing facility and supporting the actions
identified in the Save Our San Juan letter dated August 17, 2007.
8-21-2007 16
Presentation: Dave Adams, City Manager, announced the USPS’s decision to
reconsider and abandon the site; and thanked the residents who phoned and wrote
letters objecting to the proposed project.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Nielsen, and carried unanimously, 5-0, to direct staff to 1) ratify efforts
undertaken to oppose the project; 2) continue to monitor the situation and bring the
item back immediately if there are any significant changes; and 3) work with Crystal
Cathedral Ministries on finding an acceptable use of the property they own.
d. RESOLUTION NO. 07-08-21-04 ADOPTED UPHOLDING THE APPEAL AND
REVERSING THE APPROVAL OF PERMITS FOR THE BUILDING-MOUNTED
SIGNS FOR THE MAMMOTH EQUITIES PROJECT. (410.40)
Mayor pro tem Soto recused himself from considering this item due to its close
proximity to his residence and left Council Chambers.
Description: At its May 1, 2007, meeting, Council took action to uphold the appeal
of the sign permits previously issued for the Mammoth project and directed staff
prepare a resolution reflecting the findings. The resolution was continued at the May
15, 2007, meeting in response to requests from the applicant requesting additional
time to meet with neighbors, and a request from Robert King, appellant, suggesting
resolution modifications. Staff recommended Council adopt the resolution upholding
the appeal and reversing the approval of permits for building-mounted signs for the
Mammoth Equities project.
Written Communications:
Report dated August 21, 2007, from Steve Apple, Planning Director.
Email dated August 20, 2007, from Jeff Sewell, City resident, opposed to the existing
lighted signs.
Letter dated August 20, 2007, received via email, from Anne M. Moreno, Planning
Assistant, Loeb & Loeb LLP, representing Mammoth Equities, LLC, requesting the
City expedite review of the Mammoth sign application of August 13, 2007, stay
adoption of a resolution formalizing City Council findings in connection with Robert
King’s May 1, 2007 appeal.
Presentation: Steven A. Apple, Planning Director, summarized the staff report. He
noted the applicant submitted a revised master sign program on August 13, 2007,
for staff’s review.
Public Comment:
8-21-2007 17
Bob King, City resident, Save our San Juan, requested the inclusion of additional
findings to the resolution related to inadequate notice, application of the California
Environmental Quality Act, and referring to the Spotted Bull neighborhood as a
sensitive area. He felt the Council was limited to considering the findings on the sign
appeal and was opposed to negotiating with Mammoth Equities. He responded to
the Mayor’s inquiry that he was not in favor of allowing the current signs to be
maintained on the building, unlit, while the applicant processes a new sign
application.
Eric Altman, Irvine resident, requested the Council continue the item and allow the
applicant to proceed with their new sign application, as he felt the applicant was
trying to meet the City’s requirements.
Kent Ahlering, Mammoth Equities, applicant, 29222 Rancho Viejo Road #203, said
they were committed to working with the City to resolve issues, but they experienced
delays in understanding the required process. A new program application has been
submitted and is now in process. He requested a stay on adopting the resolution and
he would encourage the owner to turn off the existing building sign lighting.
Council Comment:
Council Member Nielsen felt it was appropriate to proceed with adopting the
resolution as it would allow the City to enforce resolving the lighting issues related to
the existing signage, while the City and applicant worked toward a mutually
agreeable solution.
Council Member Uso suggested to the applicant that they might consider including
unlit signs in their new sign application.
Mayor Allevato felt it was in the community’s interest for the Council to work with
Mammoth to resolve sign issues and to allow for successful commerce within the
City.
Council Member Hribar supported continuing the resolution to allow the applicant to
work with staff to resolve the signage issues and develop an acceptable master sign
program.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried 3-1-1, with Council Member Hribar opposed and Mayor pro
tem Soto abstaining to adopt Resolution No. 07-08-21-04, entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, UPHOLDING THE APPEAL AND REVERSING
APPROVAL OF A SIGN PERMIT FOR SIGNS FOR THE MAMMOTH
PROFESSIONAL BUILDINGS ON RANCHO VIEJO ROAD (APN 650-011-32)
(MAMMOTH EQUITIES),” with revision to include language in the findings regarding
inappropriate lighting; and direct staff to immediately have the sign lighting
8-21-2007 18
extinguished and allow the extinguished signs to remain on the building pending an
expedited hearing of a new sign application with removal scheduled in tandem with
the installation of approved signs.
ROLL CALL
AYES: COUNCIL MEMBERS: Nielsen, Uso, Mayor Allevato
NOES: COUNCIL MEMBERS: Hribar
ABSTAIN: COUNCIL MEMBERS: Soto
Mayor pro tem Soto returned to Council Chambers following Council action.
G3. ENGINEERING & BUILDING DIRECTOR
a. STAFF DIRECTED CONCERNING PROPOSED BUS BENCH SHELTERS DESIGN
CONCEPT AND LOCATIONS. (CIP NO. 409) (940.40)
Description: The City retained Nunn Architecture to prepare concept designs for
bus shelters at the five highest ridership stops within the City. Staff recommended
Council review and provide comments and direction on the proposed bus shelter
concept plans and locations.
Written Communications: Report dated August 20, 2007, by Brian Perry, Project
Manager.
Presentations:
Nasser Abbaszadeh, Engineering & Building Director, reviewed the staff report.
Roy Nunn, project architect, responded to questions regarding design concepts.
Council Comment:
Council Members concurred the bus shelter design should support waiting riders
from inclement weather; reflect the City’s character and be consistent with
architecture surrounding the site; and feature quality, durable materials that will
withstand vandalism. Council concurred that bus stops number 1 & 3 were the
highest priority for locating bus shelters; and directed staff to pursue possible project
funding through Orange County Transportation Authority and other sources.
ORDINANCES - None
COUNCILMANIC ITEMS - None
8-21-2007 19
ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting on Wednesday,
August 22, 2007, at 12:27 a.m. to Wednesday, August 22, 2007, at 7:00 p.m., for a
workshop in City Council Chamber and then to the Regular Meeting scheduled for
Tuesday, September 4, 2007, at 5:30 p.m. for Closed Session and 7:00 p.m. for the Public
Business Session in the City Council Chamber.
Respectfully submitted,
_________________________________
MARGARET R. MONAHAN, CITY CLERK
Approved: September 18, 2007
ATTEST:
__________________________________
SAM ALLEVATO, MAYOR