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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