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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 4-17-2007 2 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 4-17-2007 3 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. 4-17-2007 4 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. 4-17-2007 5 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 4-17-2007 6 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 4-17-2007 7 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 4-17-2007 8 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 4-17-2007 11 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 4-17-2007 14 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