07-0417_CC_Minutes_Regular Meeting4-17-2007 1
MINUTES
APRIL 17, 2007
SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING
CLOSED SESSION (610.85) – No Closed Session held.
A Closed Session was scheduled for the following purposes, as authorized by statute:
1. Pursuant to Government Code section 54956.8, the City Council was scheduled
to confer with its real property negotiator (City Manager) regarding the price and
terms of exchange of real property easements with respect to Assessor’s Parcel
# 666-301-11, a vacant one acre parcel adjoining Valle Road. The property
owner’s representative is Ronald Steinbach. – NO CLOSED SESSION HELD
CALL TO ORDER
Mayor Allevato convened the Regular Meeting of the City Council of the City of San
Juan Capistrano to order at 7:03 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
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; Steve Apple, Planning Director; Karen Crocker,
Community Services Director; Lt. Mike Betzler, Chief of Police Services; Sam Shoucair,
Senior Engineer; Alan Oswald, Senior Traffic Engineer; Ziad Mazboudi, Senior Civil
Engineer; William Ramsey, Principal Planner; Michael Cantor, Senior Management
Analyst; Brian Perry, Project Manager; Lois Bobak, Attorney; and Eileen White,
Recording Secretary
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Uso reported touring the Prima Deshecha Landfill; meeting with Dr.
Julie Ryan of the Orange County Animal Services to encourage a countywide
evacuation plan for animals; and attending the San Juan Seniors’ Spring Fling.
Council Member Nielsen reported meeting with Sharon Ellis, Executive Director of
Habitat for Humanity of Orange County, to discuss the funding levels of the City’s
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Habitat project. He shared his experience visiting New Orleans and the Golf Port area,
commenting on the devastation still evident from Hurricane Katrina.
Council Member Hribar reported a meeting regarding the City’s adopted Marine
Battalion 1/11 and a ride-along with a Deputy Sheriff; and attended Water Advisory
Commission, Open Space Committee, and various water quality meetings.
Mayor pro tem Soto reported attending the City and Rotary sponsored
“Eggstravaganza” and thanked those who worked hard to make the event successful.
Mayor Allevato reported attending Transportation Corridor Agency meetings where the
two boards are considering consolidating in an effort to save money. He announced
plans to testify in Sacramento to oppose AB1452, a bill designed to stop the extension
of the 241 Toll Road; and upcoming Ribbon Cuttings for the downtown Starbucks and
3M Studio, which will feature martial arts, magic, and music. He also attended the City’s
Leadership Academy introductory meeting and invited residents to participate; and
announced an upcoming event in June to support Marine Battalion 1/11 and its
impending deployment to Iraq.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen reported current efforts of the Open Space Committee which
include meetings with property owners to assess their level of interest in certain
property acquisitions; and direction to staff to work with the City Attorney to
expeditiously prepare a draft Ordinance requiring a public vote to re-designate General
Plan Open Space. Additional Ordinance language will also be prepared to consider
requiring a public vote to re-designate Agri-Business. These draft ordinances will be
reviewed by the Open Space Committee prior to a recommendation to the City Council
as a future ballot measure.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: Earth Day Fair; a recreational needs assessment community
workshop; 4th annual San Juan Capistrano City Cup Charity Golf Tournament; and
week long series of events in celebration of National Historic Preservation Month.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. TONY SOTO RECOGNIZED FOR SERVICE AS TRANSPORTATION
COMMISSIONER AND WATER ADVISORY COMMISSIONER. (110.10)
Meg Monahan, City Clerk, recognized Mr. Tony Soto for serving the City of San
Juan Capistrano on the Transportation and Water Commissions since March
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2003; and Mayor Allevato presented him with a plaque recognizing his
contributions.
2. REPORT OF THE CITY’S ENVIRONMENTAL ACCOMPLISHMENTS
RECEIVED; AND APRIL 19, 2007, PROCLAIMED AS EARTH DAY. (610.40)
Report on the environmental accomplishments of the City, received and filed;
and Mayor Allevato presented Ziad Mazboudi, Senior Civil Engineer, with a
proclamation designating April 19, 2007 as Earth Day.
3. VICKY CARABINI PRESENTED WITH CERTIFICATE OF APPRECIATION.
(610.40)
William M. Huber, Assistant City Manager, recognized Vicky Carabini for acting
as an ambassador to the City’s Sister City Group during the 49th annual
Swallow’s Day Parade on March 24th and appointed her as San Juan
Capistrano’s official “Ambasciatore” to the group. Mayor Allevato also presented
a plaque to the Sister City Group in appreciation of their participation in the
Swallows Day Parade, along with a “Second Place” award issued by the Fiesta
Association for their float.
4. KAREN MENDEZ RECOGNIZED FOR RECEIVING THE SOROPTIMIST
INTERNATIONAL OF CAPISTRANO BAY VIOLET RICHARDSON AWARD FOR
HER VAST VOLUNTEER AND COMMUNITY SERVICE. (610.40)
Mayor Allevato recognized Karen Mendez for receiving the Soroptimist
International of Capistrano Bay Violet Richardson Award and presented her with
a certificate of recognition.
5. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10)
Mayor pro tem Soto introduced the following individuals in attendance: Les Blair,
Council Liaison to the San Juan Seniors; Gail Zukow, Parks, Recreation and
Equestrian Commission; Orange County Fire Authority Battalion Chief Antrim;
and Brad Gates, retired Orange County Sheriff.
ORAL COMMUNICATIONS
Jim Vance, City resident, asked the City Council to review the recent geological
monitoring report for the Capistrano Terrace Mobile Home Park which indicated very
little movement in the hillside during the past year.
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CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Hribar, and carried unanimously, 5-0, to approve items 1, 3, 4, 6, & 7 as recommended
by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF MARCH 20, 2007, APPROVED AS
SUBMITTED BY STAFF.
This item was removed from the Consent Calendar by Council Member Nielsen
to clarify a point of order.
Council Action: Moved by Council Member Hribar, seconded by Mayor pro
tem Soto, and carried unanimously, 5-0, to approve the minutes of the Regular
Meeting of March 20, 2007, as submitted by staff.
3. ACCOUNTS PAYABLE WARRANTS DATED MARCH 29, 2007, IN THE
AMOUNT OF $1,901,567.99; AND PAYROLL WARRANTS DATED MARCH 23,
2007, IN THE TOTAL AMOUNT OF $281,923.58, RECEIVED AND FILED.
(300.30)
4. CITY COUNCIL SUBCOMMITTEE RECOMMENDATION TO ALLOCATE
COMMUNITY ORGANIZATION GRANT PROGRAM FUNDS IN THE AMOUNT
OF $3,000 FOR FISCAL YEAR 2006-2007 FOR HIGH SCHOOL GRAD NITE
ACTIVITIES AS FOLLOWS: $1,689 TO CAPISTRANO VALLEY HIGH SCHOOL;
$855 TO DANA HILLS HIGH SCHOOL; AND $456 TO SAN CLEMENTE HIGH
SCHOOL, APPROVED. (330.20)
5. THREE-YEAR CONTRACT FOR THE MAINTENANCE OF CITY-OWNED
TRAFFIC SIGNALS AND LIGHTED DEVICES WITH COMPUTER SERVICE
COMPANY, INC., APPROVED WITH REVISIONS. (600.30)
This item was removed from the Consent Calendar by Council Member Nielsen
in order to incorporate the Request for Proposal as part of the contract.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso, and carried unanimously, 5-0, to approve Three-year contract for
the maintenance of City-owned traffic signals, safety lights, flashing beacons and
in-pavement lighted crosswalks to Computer Service Company, Inc. in the
amount of $33,582 per year for routine maintenance plus extraordinary
maintenance costs per the agreement and fee schedule, with the agreement
modified to incorporate the Request for Proposal as part of the contract; and
authorize the City Manager to execute the documents on behalf of the City.
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6. RESOLUTION NO. 07-04-17-01, ENTITLED “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DECLARING DESIGNATED FLEET INVENTORY AS SURPLUS,” ADOPTED.
(380.50)
7. REIMBURSEMENT AGREEMENT WITH PUEBLO SERRA WORSHIP
HOLDINGS FOR CAMINO CAPISTRANO SOUTHBOUND RIGHT TURN LANE
AT OSO ROAD AND CAMINO CAPISTRANO PAVEMENT REHABILITATION IN
THE AMOUNT OF $251,448, APPROVED; AND THE CITY CLERK DIRECTED
TO PROCESS RECORDING OF AGREEMENT. (CIP NO. 403) (600.60)
8. RESOLUTION NO. 07-04-17-02 APPROVING EXCHANGE OF EASEMENTS
AGREEMENT WITH JERWEL ENTERPRISES AND SJC PARTNERS, LTD,
ADOPTED WITH REVISIONS. (670.50)
Supplementary Agenda Report dated April 17, 2007, by John Shaw, City
Attorney.
This item was removed from the Consent Calendar by Council Member Nielsen
to recommend Council earmark the funds received in the exchange of
easements for acquisition of additional open space.
Council Action: Moved by Council Member Nielsen, seconded by Council -
Member Uso, and carried unanimously, 5-0, to approve the Exchange of
Easements Agreement with the provision that the $240,000 received by the City
is to be earmarked for open space; adopt Resolution No. 07-04-1-02, entitled “A
RESOLUTION APPROVING AN EASEMENT QUITCLAIM DEED RELATING TO
ASSESSOR’S PARCEL NO. 666-301-11 AND ACCEPTING JERWEL
EASEMENT AND GRANT DEEDS;” and authorize the City Manager to execute
the applicable real property documents as attached, or those in substantially
similar form to complete the escrow process.
PUBLIC HEARINGS
1. FIRST READING AND INTRODUCTION OF AN ORDINANCE REZONING THE
HARBOR LANE NEIGHBORHOOD FROM “RS-4,000” TO “SP” (SPECIFIC
PLAN/PRECISE PLAN) ZONE DISTRICT. (APN 668-181-01 THROUGH 668-
186-28, INCLUSIVE) (460.20)
Description: The Harbor Lane Neighborhood was designated “RS-4,000” in the
2002 comprehensive update of the City’s Land Use Code, resulting in extensive
legal non-conformities and eliminating the ability of many property owners to
construct building additions. Adoption of the proposed map change and Specific
Plan/Precise Plan would establish development standards specific to the
neighborhood to address these issues. Staff recommended Council approve first
reading and introduction of Rezone 06-02, an ordinance amending the Official
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Zoning Map to change the zoning of the Harbor Lane Homes Neighborhood from
the “RS-4,000” to the “SP” (Specific Plan/Precise Plan) Zone District and
adopting Specific Plan 06-02, Harbor Lane Homes.
Written Communications: Report dated April 17, 2007, by William Ramsey,
Principal Planner.
Presentation: William Ramsey, Principal Planner, summarized the staff report.
Mayor Allevato opened the public hearing.
Public Testimony:
Elayne Hoyle, City resident and President of the Harbor Lane Homeowners
Association, thanked Bill Ramsey for his efforts to work with the neighborhood to
move the ordinance forward. The ordinance returns their neighborhood back to
the zoning requirements the City unintentionally changed in 2002 and has the
unanimous support of all homeowners and the Planning Commission.
Mayor Allevato closed the public hearing.
Meg Monahan, City Clerk, read the title of the ordinance, entitled “AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE OFFICIAL ZONING MAP FROM THE “RS-4,000” TO THE “SP”
(SPECIFIC PLAN/PRECISE PLAN) ZONE DISTRICT FOR CERTAIN
PROPERTIES CONSISTING OF THE HARBOR LANE NEIGHBORHOOD
(HARBOR LANE HOMEOWNERS ASSOCIATION) (REZONE 06-02).”
Council Action: Moved by Council Member Hribar, seconded by Council
Member Nielsen and carried unanimously, 5-0, to approve first reading and
introduction of the ordinance rezoning the Harbor Lane Neighborhood from “RS-
4,000” To “SP” (Specific Plan/Precise Plan) Zone District.
2. RESOLUTION 07-04-17-03 EXTENDING THE EXPIRATION OF TTM 16146,
BELLADONNA ESTATES, ONE YEAR AND APPROVING MODIFICATIONS,
APPROVED WITH REVISIONS. (SCALZO FAMILY TRUST) (420.40/600.30)
Mayor pro tem Soto recused himself from considering this item and left
chambers.
Description: On December 20, 2005, the City Council approved Tentative Tract
Map (TTM) 16146, which authorized the subdivision of a 16.14 acre parcel of
property into 31 lots for single family custom homes. TTM 16146, commonly
known as Belladonna Estates, is located on the west side of Del Obispo Street
approximately 1,300 feet south of Calle Aspero and 400 feet north of Paseo de la
Paz. In March 2006, the Scalzo Family Trust filed a complaint for inverse
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condemnation and challenging 17 of the conditions of approval. Staff has met
with Scalzo Family Trust representatives and a mediator to determine if the
pending litigation could be resolved to the satisfaction of the Scalzo Family,
residents living in neighborhood adjacent to the subdivision, and the City, without
the need to pursue further legal actions. Staff believes the conditions of approval
can be modified in a way that maximizes the benefits to the City, the residential
neighbors of the subdivision, and the Scalzo Family Trust, specifically those
conditions pertaining to the design of the drainage course adjacent to the
northeastern boundary of the subdivision as well as the requirement for a gate
restricting access to the subdivision via “B” street to emergency vehicles only.
Staff recommended Council adopt a resolution extending the expiration of TTM
16146 for one year and approving modifications thereto, based on the findings
and subject to the conditions set forth therein.
Written Communications:
Report dated April 17, 2007, by Steve Apple, Planning Director.
Letter dated April 12, 2007, from Frank J. Hartigan, City resident, suggesting
revisions to Del Obispo Street design to increase safety, and supporting the
restriction of street “B” to emergency vehicles only.
Letter dated April 13, 2007, from Mark Czerwin, City resident, opposed to the
project due to its negative impacts including decreased open space within the
canyon, devastation to the rural character of the City, and inadequate drainage
plans.
Letter dated April 16, 2007, from Rick and Nancy Clayton, City residents,
opposed to the project due to negative drainage impacts to the canyon.
Letter dated April 13, 2007, from J. Gary Germann, attorney representing the
owners of the Vermeulen property, requesting the City revise the plans to
adequately control future flooding.
Letter dated April 16, 2007, from Joseph Gartner, Trustee of the Richard K.
Gartner Living Trust, opposed to the project due to its negative impacts on open
space and the adjacent canyon.
Presentations:
Lois Bobak, Attorney representing the City through the City Attorney’s office,
provided an overview of the proposed amendments to Tentative Tract Map
16146 (Scalzo Family Trust) including modifications to the drainage
improvements and the associated easement; modification to site access, and a
one year extension of the Tentative Tract approval. Development drainage
issues relate to the design of improvements in a drainage channel that forms the
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border between the Sun Ranch development and Belladonna Estates. Proposed
modifications to the approved Belladonna Estates project would provide for a 2
foot wide drainage easement with improvements to be accommodated within that
easement. Proposed drainage improvements would be amended from all above
ground drainage flow to a combination of above and below ground
improvements. Daily surface flow would be accommodated with above ground
improvements, while storm water flow would be channeled through an
underground pipe. The applicant would be required to obtain approvals from any
agencies with jurisdiction in addition to City approvals. Proposed modification to
site access would retain the gates at B-Street, providing for residential access
through a key-card system, limiting access to emergency vehicles and residents.
Delivery trucks would need to use the primary access at A-Street. Currently the
Scalzo Family Trust is the only member of the road association, although other
property owners have paid for improvements. Allowing for residential access
through B-Street would provide for all Belladonna subdivision property owners to
have a recorded obligation to participate in the association. This would allow for a
larger pool to pay for road maintenance. The applicant has requested a one-year
extension of the tentative tract map approval. The map was approved in
December 2005 and is due to expire in December 2007. City codes and state
law provide for this discretionary approval by the City Council. As proposed, the
map extension is not tied to any project approvals, although the City Council may
consider linking the map extension to the other project approvals.
Mike Stevens, General Manager/Principal Civil Engineer, CE Prime, Inc., 5315
Avenida Encinitas, Suite 110, Carlsbad, 92008 (via conference telephone
connection) provided an overview of the study he completed of the drainage
issues associated with Sun Ranch Creek. His study indicated this is a naturally
steep channel whereby minor flows have the ability to cause erosion and other
impacts. He felt that the proposed drainage modifications, providing for surface
flow of daily runoff with below grade, piped water flow for storm water could be
designed to reduce erosion and sediment collection. This solution would require
re-grading of the area in a phased approach to avoid damage to adjacent
properties.
Charles Krolikowski, Attorney representing the Scalzo Family Trust, 895 Dove
Street, 5th Floor, Newport Beach, provided an overview of issues, with exhibits,
and supported the proposed modifications as a solution. Drainage problems
associated with the existing drainage channel include overgrowth of silt, debris,
fallen trees, buried pipes, and excessive and invasive vegetation growth that
allowed for the accumulation of silt and over saturated soils. Encroachments by
neighboring property owners have added to the problem, so the drainage area no
longer drains properly. The proposed amendments will resolve these issues. He
anticipated mitigation measures to be required by the various resource agencies
with jurisdiction over the drainage area. He requested clarification as to the
extent of the City’s current request that the applicant relinquish water rights and
requested that the gate to C-Street be operative from 7 am to 7 pm.
4-17-2007 9
Mayor Allevato opened the public hearing.
Public Testimony:
Karen Gartner, Laguna Niguel resident, representing Richard Gartner, City
resident, requested denial of the revised design of the drainage channel as the
rural character of the area should be maintained and the developer should share
in maintaining a riparian habitat.
Sharon Vanderlan, City resident, requested a continuance as the neighbors did
not receive sufficient notice and felt the original approval was a fair approach.
Rick Clayton, City resident, felt insufficient notice of the changes was provided to
the neighbors due to the large impact on the neighbors. He was concerned that
the underground pipe proposed to carry a 100 year storm would not work.
Don Vanderlan, City resident, felt that the developer did not have the right to
make improvements on the drainage easement as the property was owned by
Sun Ranch property owners.
Greg Sykes, City resident, was concerned with the impact of the newly proposed
improvements to the drainage area on homes in the Sun Ranch development.
He supported returning the drainage channel to a natural riparian habitat.
Joe Gartner, Laguna Niguel resident, opposed the changes to the drainage
channel as it forced the drainage to be accommodated entirely by the Sun Ranch
drainage easement.
Mark Schurman, City resident, supported drainage in an open channel and was
concerned with the safety and aesthetics of the new proposal.
Marc Goldstein, Attorney for the Scalzo property owner, 620 Newport Center
Drive, Newport Beach, said that once Belladonna Estates is developed it will not
impact the drainage channel. The drainage channel must be repaired because it
is unstable and would compromise the Belladonna Estates development.
Neighbors have encroached into the drainage easement with improper
improvements.
Tom Ostensen, City resident, supported the proposed amendments and felt this
provided a good opportunity to resolve the drainage issues.
Mayor Allevato closed the public hearing.
4-17-2007 10
Council Comments:
Council Member Hribar supported the staff recommendation as the proposal
stabilized the geology, removed saturated soils, reduced wall heights, restored
riparian habitat, and reduced surface drainage and potential related damage.
Council Member Nielsen ascertained the final stream design with a dirt access
road will be contained within the 30 to 40 foot easement; the stream bed will be
re-graded to allow for even vertical flow of the water; the City has the legal right
to build drainage improvements in the drainage easement; and re-grading of the
drainage area will proceed in alternative sections to maintain the stability of the
Sun Ranch development. He felt the proposed amendments were a reasonable
approach to recreate a riparian habitat, protect the adjacent properties, provide
for a hydrological solution, and move the project forward in a fiscally responsible
manner. He requested tying the extension of the Tentative Tract Map approval
to the dismissal of pending law suits, the requirement of $5 million insurance
coverage of contractors involved in the work, and that the term of condition 7-a)
of the Memorandum of Understanding be revised to state “…..result of intentional
misconduct or gross negligence of the ……..”.
Council Member Uso supported the amended proposal as it balanced the rights
of the property owners, aesthetically improved the area, and increased safety for
the Sun Ranch development. He felt the solution would also enhance the value
of adjacent properties. He suggested a continuance to allow the neighbors time
to further study the issue.
Mayor Allevato felt the proposed solution would protect the adjacent
neighborhoods by providing a solution to the drainage problems and resolving
issues related to overgrowth of invasive vegetation, collection of debris, and
erosion. The involvement of resource agencies will provide necessary oversight
to ensure that properties will be protected.
Lois Bobak responded to questions raised by the applicant’s representative as
follows: Condition 20 (2005 approval) was intended to require the developer to
mitigate any negative hydrology impacts on the developer’s property, rather than
requiring the applicant to make modifications to downstream, off-site drainage
facilities; the purpose of the requirement for the proposed gate on C-street to
remain open from 7 a.m. to 10 p.m. was to mitigate the inability to provide for
vehicle stacking on the short street. She noted that staff was not opposed to the
request to have the gates open from 7 a.m. to 7 p.m.; and Condition 91 requires
the developer to dedicate a proportionate share of an aquifer to the City. The
proportionate share represents the proportion of the developed property to the
overall property owned by the applicant. The condition requires a covenant
imposed on the development lot owners to connect to City water and disallows
drawing water from the aquifer. She recommended that Council add a new
condition to the proposed resolution, Conditions of Approval, related to tying
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extension of the Tentative Tract map to the settlement. She clarified that the
applicant may request extension should timing require.
Mark Goldstein agreed to the inclusion of the term “gross negligence” as
requested by Council Member Nielsen. He also indicated that if the Hardigan
family was agreeable to dedicate a portion of their property for installation of a
sidewalk, the applicant would pay for the installation of a sidewalk on the
Hardigan property and a sidewalk up to B-Street on the Scalzo project.
Council Member Nielsen asked staff to provide notice to interested residents in
advance of Department of Fish and Game as well as Army Corps of Engineers
meetings involving this project. He urged residents to attend these meetings to
bring up any issues that may arise following tonight’s meeting.
Council Action: Moved by Council Member Hribar, seconded by Mayor
Allevato and carried 4-0-1, with Mayor pro tem Soto abstaining, to adopt
Resolution No. 07-04-17-03 entitled, “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
MODIFICATIONS TO SOME CONDITIONS OF APPROVAL OF TENTATIVE
TRACT 16146, A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF SAN JUAN CAPISTRANO AND THE SCALZO FAMILY TRUST, AND
A ONE YEAR EXTENSION OF TENTATIVE TRACT 16146,” with the following
revisions: a) amendment to Condition 20 of Resolution No. 05-12-20-02 to clarify
the intent of the condition to require the developer to mitigate any negative
hydrology impacts on the developer’s property, rather than requiring the applicant
to make modifications to downstream, off-site drainage facilities; b) a gate
installed on “C-Street” that does not provide adequate vehicle stacking shall
remain open between the hours of 7 a.m. to 7 p.m.; c) a proportionate share of
the water from the underground aquifer shall be distributed to the City with the
share representing the proportion of developed property to the overall area of the
property, with the understanding that the lot owners will be connected to the City
water system including a covenant that lot owners may not draw water from the
aquifer; d) adding a condition that approval of the extension of Tentative Tract
Map 16146 shall not become effective unless and until the settlement
contemplated in the Memorandum of Understanding becomes final; e)
contractors performing work will be required to provide evidence of $5 million
dollars of insurance coverage; and f) Section 7-a) of the Memorandum of
Understanding is revised to state “…..result of intentional misconduct or gross
negligence of the ……..”
ROLL CALL
AYES: COUNCIL MEMBERS: Hribar, Nielsen, Uso, Mayor Allevato
NOES: COUNCIL MEMBERS: None
4-17-2007 12
ABSTAIN: COUNCIL MEMBERS: Soto
Mayor pro tem Soto returned to chambers following the vote.
3. AGREEMENT FOR RED LIGHT PHOTO ENFORCEMENT SERVICES WITH
NESTOR TRAFFIC SYSTEMS, INC. APPROVED IN CONCEPT, WITH
REVISED AGREEMENT TO COME BACK TO COUNCIL. (600.30)
Description: In 1999, the City Council entered into a five year contract with
Traffic Safety Systems, Inc., which was later purchased by Redflex Traffic
Systems, Inc. (Redflex), to provide red light photo enforcement of red light
violations at three intersections in the City. One of the original intersections has
been made inoperative; the remaining intersections operational for red light
camera services are located at Ortega Highway at Del Obispo Street and Del
Obispo Street at Camino Capistrano. The City has been extending the contract
with Redflex while evaluating bids based on new technology. In addition to the
two existing red light photo enforced intersections, the contract includes a new
red light camera service at the intersection of Ortega Highway and Rancho Viejo
Road; and the completion of a survey at the intersection of Camino Capistrano
and Stonehill Drive to determine if red light camera service is warranted. A
committee was established to interview the companies and review the proposals
received from Nester Traffic Systems, Inc. (Nester) and Redflex Traffic Systems,
Inc. Staff recommended Council approve the five year agreement with Nestor
Traffic Systems, Inc. for red light photo enforcement services in the amount of
$4,850 per intersection approach per month.
Written Communications: Report dated April 17, 2007, from Michael Cantor,
Senior Management Analyst.
Presentations:
Michael Cantor, Senior Management Analyst, reviewed the staff
recommendation.
Scott Elrod, Vice President of Sales, Nestor Traffic Systems, Inc., Rhode Island
presented a power point presentation regarding the proposed red light camera
system, and provided details of the collision avoidance system option.
Nigel Hebborn, Nestor Chief Financial Officer, provided information regarding
Nester, current financial status, and other accounts held by the company.
Sarah Howie, Nestor West Coast Office Manager, responded to Council
questions.
Mayor Allevato opened the public hearing, and there being no public testimony,
closed the public hearing.
4-17-2007 13
Council Comment:
Mayor pro tem Soto supported the proposal to increase traffic safety, especially
with young motorists driving to the new high school opening in the fall.
Council Member Uso opposed the project because he was not convinced the
program was effective in increasing safety and/or saving lives.
Council Member Hribar opposed the project because of the punitive nature of the
red light camera system.
Council Member Nielsen supported the project with contract revisions as he felt
the red light camera system saves lives, reduces injuries, and reduces the
number of traffic accidents. He suggested revisions to the contract to protect the
City, including the ability to take over the equipment in case the vendor
encounters financial difficulties; include collision avoidance options; add
provisions to ensure the red light service at Rancho Viejo Road at Ortega
Highway is pursued as soon as possible; and ensure the survey to determine if
the service is warranted at Stonehill and Camino Capistrano is performed at the
vendor’s expense.
Mayor Allevato supported the project because of its potential to increase traffic
safety for both the motoring public and safety officers, save lives, and prevent
injuries.
Council Actions:
Moved by Mayor pro tem Soto, seconded by Mayor Allevato and failed on a 2-3
vote, with Council Members Nielsen, Uso and Hribar opposed, to approve the
staff recommendation to approve the five year agreement with Nestor Traffic
Systems, Inc. for red light photo enforcement services in the amount of $4,850
per intersection approach per month.
ROLL CALL
AYES: COUNCIL MEMBERS: Soto, Mayor Allevato
NOES: COUNCIL MEMBERS: Hribar, Nielsen, Uso
ABSTAIN: COUNCIL MEMBERS: None
Moved by Council Member Nielsen, seconded by Mayor pro tem Soto, and
carried 3-2-0, with Council Members Hribar and Uso opposed, to direct staff to
work with Nestor Traffic Systems, Inc. to prepare a revised agreement for
Council consideration to include terms a) providing for the City to take over
operation of the red light camera equipment and software should Nestor Traffic
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Systems, Inc. default; and b) survey of intersections of Camino Capistrano at
Stonehill and Rancho Viejo Road at Ortega Highway to ascertain if the
intersections are warranted to be included in the agreement, with the vendor
paying for the study.
ROLL CALL
AYES: COUNCIL MEMBERS: Nielsen, Soto, Mayor Allevato
NOES: COUNCIL MEMBERS: Uso, Hribar
ABSTAIN: COUNCIL MEMBERS: None
RECESS AND RECONVENE
Council recessed at 12:00 a.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 12:02 a.m.
ADMINISTRATIVE ITEMS
G1. CITY MANAGER
a. CONSIDERATION OF WORKLOAD AND BUDGETARY PRIORITIES FOR FY
2007-08 CONTINUED TO MAY 1, 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.
Written Communications: Report dated April 17, 2007, by William M. Huber,
Assistant City Manager.
Public Comment:
Gail Zukow, City resident, inquired into why the funding changed from $75,000 to
$50,000 for priority 11A (develop trail projects). Cynthia L. Russell,
Administrative Services Director, indicated she will research and report back.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar and carried unanimously, 5-0, to continue Consideration of
Workload and Budgetary Priorities for FY 2007-08, to the regular meeting of May
1, 2007.
G2. ENGINEERING & BUILDING DIRECTOR
4-17-2007 15
a. AMENDMENT NO. 12 TO COOPERATIVE AGREEMENT NO. C-95-989,
TRANSPORTATION FUNDING PROGRAMS MASTER FUNDING
AGREEMENT, APPROVED WITH REVISIONS. (ORANGE COUNTY
TRANSPORTATION AUTHORITY) (600.50)
Description: At their meeting of August 1, 1995, the City Council adopted a
resolution approving cooperative Agreement No. C-95-989 with the Orange
County Transportation Authority (OCTA). Staff recommended approval of
Amendment No. 12 to the agreement to revise the project allocation exhibit and
to maintain the City’s eligibility to receive Measure M funds and
Bicycle/Pedestrian Facilities funds in a timely manner.
Written Communications: Report dated April 17, 2007, by Brian Perry, Project
Manager.
Presentation: Brian Perry, Project Manager, summarized the staff report.
Council Comment:
Council Member Nielsen stated, for the record, that his approval of this
Amendment did not indicate agreement with the subject projects. Dave Adams,
City Manager, recommended Council approve the staff recommendation with the
provision that Council consider each project individually.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Hribar, and carried unanimously, 5-0, to approve Amendment No. 12 to
Cooperative Agreement No. C-95-989, Combined Transportation Funding
Programs Master Funding Agreement with Orange County Transportation
Authority, with the understanding that each project listed within the agreement
will be returning to City Council for final consideration.
G3. PLANNING DIRECTOR
a. CONSIDERATION OF AN APPEAL OF INTERIM PLANNING DIRECTOR’S
APPROVAL OF SIGN PERMITS FOR THE MAMMOTH PROFESSIONAL
BUILDINGS FOR BUILDING-MOUNTED SIGNS CONTINUED TO MAY 1, 2007.
(MAMMOTH EQUITIES) (APPELLANT: ROBERT KING, SAVE OUR SAN
JUAN) (410.60)
Mayor Allevato announced continuance of this item to the regular meeting of May
1, 2007, at the written request of the appellent.
4-17-2007 16
ORDINANCES - None
COUNCILMANIC ITEMS
1. VACANCIES DECLARED ON THE YOUTH ADVISORY BOARD. (110.20)
Description: Appointments to the Youth Advisory Board are made on an annual
basis in June and the appointees take office in August to coincide with the school
year. Applications due by May 16, 2007, will allow the City Council to make
appointments to the Youth Advisory Board before the end of this school year.
Staff recommended Council declare vacancies on the Youth Advisory Board and
direct the City Clerk to solicit applications to fill the vacancies, with applications
due by May 16, 2007, at 5:30 p.m.
Written Communications: Report dated April 17, 2007, by Meg Monahan, City
Clerk.
Council Action: Moved by Council Member Nielsen, seconded by Mayor pro
tem Soto, and carried unanimously, 5-0, to declare vacancies for the annual
appointments to the Youth Advisory Board and direct the City Clerk to solicit
applications to fill the vacancies.
ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting on Wednesday,
April 18, 2007, at 12:12 a.m. to Tuesday, May 1, 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: May 15, 2007
ATTEST:
_________________________________
SAM ALLEVATO, MAYOR