Resolution Number 04-05-04-02RESOLUTION NO. 04-05-04-0 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, OPPOSING SENATE BILL 1327 (KUEHL),
PROHIBITING CHANGES TO STATE PARKS WITHOUT THE
APPROVAL OF LEGISLATURE
WHEREAS, the Foothill Transportation Corridor ("FTC") has been
identified as a needed facility in studies of existing and projected travel demand in
Orange County beginning with the 1979 Multi -Modal Transportation Study; and
WHEREAS, the Foothill/Eastern Transportation Corridor Agency, U.S.
Marine Corps Base Camp Pendleton, the City of San Clemente and the California
Department of Parks and Recreation signed a memorandum of understanding regarding
the Modified C alignment, which passed through the inland portion of San Onofre State
Beach, a leasehold from Camp Pendleton; and
WHEREAS, the evaluation of,alternatives should be complete prior to
making alignment selection decisions and issuing a record of decision; and
WHEREAS, a comprehensive mitigation program representing state-of-
the-art technology in habitat revegetation, scientific studies, habitat conservation and
management and endangered species protection will be included in the record of
decision when it is issued; and
WHEREAS, Senate Bill 116 (Kuehl) was introduced in 2000 to prohibit
the construction of proposed new roads and other infrastructure in, or through, units of
the state park system, and land reserves that are either leased or held in fee simple
title, excluding infrastructure specifically identified in an approved general plan for the
park or reserve, and was defeated in 2002; and
WHEREAS, Senator Sheila Kuehl introduced Senate Bill 1327 in February
of this year and the bill text is similar to Senate Bill 116; and
WHEREAS, Senate Bill 1327 has been introduced which would prohibit a
change to a state park without approval by the Legislature as part of their annual budget
process; and
WHEREAS, the Far East alternative enters onto United States of
America, Department of Navy property leased in 1971 for fifty years to the State of
California, Department of Parks and Recreation for park use; and
05-04-2004
WHEREAS, the 1971 lease agreement between the Department of Navy
and the Department of Parks and Recreation specifically contemplates the construction
of future infrastructure facilities; and
WHEREAS, Senate Bill 1327 seeks to interfere with the existing lease
agreement between the Department of Navy and the Department of Parks and
Recreation; and
WHEREAS, Senate Bill 1327 seeks to take the planning process for the
Foothill -South project out of the hands of local communities and their elected officials
and would give the Legislature the ability to eliminate an alternative without
consideration of local issues; and
WHEREAS, the environmental process currently under way is the
appropriate way to consider the impacts and benefits of the Foothill -South alternatives
and that any decision about alternatives should be made through the CEQA and NEPA
environmental process, not an unrelated act by the Legislature; and
WHEREAS, Senate Bill 1327 further seeks to eliminate an alternative that
has previously been chosen as the best solution to address future freeway and arterial
congestion; and
WHEREAS, as identified in the City of San Juan Capistrano Strategic
Transportation Plan adopted in October 2002, the extension of the Foothill
Transportation Corridor South is necessary to address future traffic deficiencies on both
the 1-5 and the arterial network, and not addressing these issues will have a severe
impact on traffic planning within the City of San Juan Capistrano; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of San Juan Capistrano hereby opposes Senate Bill 1327 and urges the members of
the Senate to consider the impact of Senate Bill 1327 on local jurisdictions and to take a
stand of opposition.
ATTEST:
PASSED, APPROVED, AND ADOUED this,#- day of May 2004.
JOE SOTO, MA
R. MONAHAN, CITY CLERK
05-04-2004
STATE OF CALIFORNIA
COUNTY OF ORANGE )ss.
CITY OF SAN JUAN CAPISTRANO
1, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 04-05-04-02 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 4th day of
May 2004, by the following vote
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Swerdlin, Hart and Mayor Soto
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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R. MONAHAN, City Clerk
3 OS -04-2004