07-1016_CC_Minutes_Regular Meeting Page 1 of 14 10-16-2007
MINUTES
OCTOBER 16, 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 5:37 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 (arr. 5:40 p.m.)
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Dave Adams, City Manager; Omar Sandoval, Deputy City Attorney;
Nasser Abbaszadeh, Engineering & Building Director; Cynthia L. Russell, Assistant City
Manager; Meg Monahan, City Clerk.
CLOSED SESSION (610.85)
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
Legal Counsel regarding the Status of San Juan Capistrano v. Brose, et al.
2. Pursuant to Government Code section 54956.9, the City Council conferred with
its legal counsel regarding the status of Scalzo Trust et al. v. City of San Juan
Capistrano. Mayor pro tem Soto abstained from this item and left the conference
room.
Mayor pro tem Soto invited the public to provide comment. There was no public
comment and the meeting was moved to Closed Session chambers.
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 7:01 p.m. in the City Council Chamber. Boy Scouts from
Pack 794, 4th Grade Webelos Den, led the Pledge of Allegiance; and Mayor pro tem
Soto gave the invocation.
Page 2 of 14 10-16-2007
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; Omar Sandoval, Deputy City Attorney;
Cynthia L. Russell, Assistant City Manager; Meg Monahan, City Clerk; Nasser
Abbaszadeh, Engineering & Building Director; Grant Taylor, Assistant Planning Director;
Karen Crocker, Community Services Director; Lt. Mike Betzler, Chief of Police Services;
Steve Montano, Assistant Administrative Services Director; Pooja Gupta, Administrative
Coordinator; Bill Ramsey, Principal Planner; Ziad Mazboudi, Senior Civil Engineer; Eric
Bauman, Water Engineering Manager; Eileen White, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - None
CITY COUNCIL COMMENTS AND ORAL REPORTS
Council Member Uso reported meeting with staff and residents to consider opportunities
to encourage photovoltaic roofs in the City; and with the Economic Development
Committee regarding encouraging the establishment of certain businesses in town,
including hotels, performing arts, and other potential opportunities.
Council Member Nielsen reported meetings with the Economic Development
Subcommittee; hotel representatives; and St. Margaret’s School regarding their
proposed master plan; and a tour of the Orange County Sheriff Department’s
communication center and tactical training facility.
Council Member Hribar reported meetings with the South Orange County Wastewater
Authority finance committee; Open Space finance subcommittee; St. Margaret’s School
regarding their proposed master plan; and Marine Battalion 1/11 Holiday event planning
meeting. He announced plans to attend the grand opening of the San Juan Hills High
School.
Mayor pro tem Soto attended the 50th anniversary luncheon of Fluidmaster and
received a letter thanking the Council for recent recognition of their anniversary; and
attended a Cultural Heritage Commission and the Orange County Library Board
meetings. He reported attendance at a Water Quality and Watershed Management
meeting where the University of California, Irvine presented a water quality project they
are completing within the community, and thanked Ziad Mazboudi, Senior Civil Engineer
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for bringing the project to the City. In addition, he commended staff and KT
Communications for producing an outstanding newsletter.
Mayor Allevato reported meetings with the Transportation Corridor Agency and
announced the postponement of the California Coastal Commission hearing concerning
the 241 Toll Road extension. He also attended a Marine Battalion 1/11 Holiday event
planning meeting; and plans to attend the grand opening of the San Juan Hills High
School scheduled for tomorrow.
OPEN SPACE COMMITTEE REPORT
Council Member Nielsen announced the next meeting of the Open Space Committee on
November 5, 2007, at 7 p.m. at the Community Center.
ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST
Karen Crocker, Community Services Director, announced the following upcoming
communitywide events: a business workshop sponsored by the City and the Chamber
of Commerce at the library; Mission San Juan Capistrano events including the 11th
Annual Vintage celebration and Annual Kids Day; and free Flu Shot Clinic for seniors.
INTRODUCTIONS, PRESENTATIONS, AND DONATIONS
1. LONG TERM EMPLOYEE SUE FERRARI RECOGNIZED (610.40)
Karen Crocker, Community Services Director, recognized Sue Ferrari for ten
years of service to the City; and Mayor Allevato presented her with a Certificate
of Recognition.
2. CERTIFICATE OF APPRECIATION PRESENTED TO ORANGE COUNTY FIRE
AUTHORITY (OCFA) ASSISTANT CHIEF DAVE PIERCE (610.40)
Mayor Allevato recognized Orange County Fire Authority Chief Dave Pierce for
his eight years of service to the City and other South County cities and presented
him with a Certificate of Recognition.
3. COMMISSIONERS PRESENT AT MEETING INTRODUCED (110.10)
Mayor pro tem Soto recognized the following individuals in attendance: Lee
Goode, Water Advisory Commission; Don Tryon, Cultural Heritage Commission;
Les Blair, Council Liaison to the San Juan Seniors; Robert Cardoza, Planning
Commission; and Teri Garza, Librarian, San Juan Capistrano Public Library.
Page 4 of 14 10-16-2007
ORAL COMMUNICATIONS
Joan Irvine Smith, City resident, inquired into the status of the Ortega Highway widening
project; presented a book entitled “Climate Change” to the Council; provided an update
on the progress of the Blenheim Center negotiations; and commended Council Member
Hribar for encouraging biodegradable grocery bags. Nasser Abbaszadeh, Engineering
& Building Director, reported that Caltrans has not announced their plans for the Ortega
widening project.
Teri Garza, Librarian, San Juan Capistrano Public Library, announced the upcoming
“Day of the Dead” event at the library and introduced a new book about beautiful towns
which includes San Juan Capistrano.
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Soto, seconded by Council Member
Hribar, and carried unanimously, 5-0, to approve items 1 through 3, 6, & 10 as
recommended by staff.
1. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
2. MINUTES OF THE REGULAR MEETING OF SEPTEMBER 18, 2007,
APPROVED AS SUBMITTED.
3. ACCOUNTS PAYABLE WARRANTS DATED SEPTEMBER 27, 2007, IN THE
TOTAL AMOUNT OF $1,556,102.99; AND PAYROLL WARRANTS DATED
OCTOBER 5, 2007, IN THE TOTAL AMOUNT OF $281,557.43, RECEIVED
AND FILED. (300.30)
4. CONSIDERATION OF FIVE YEAR SUBSCRIPTION AGREEMENT FOR
CITYGIS SERVICE CONTINUED TO NOVEMBER 6, 2007. (DIGITAL MAP
PRODUCTS, INC.) (600.30)
Item removed from the Consent Calendar in order to be continued to November
6, 2007, meeting as recommended by staff.
5. CONSULTING SERVICES FOR STATE AND FEDERAL GOVERNMENT
ADVOCACY SERVICES APPROVED WITH REVISIONS. (TOWNSEND PUBLIC
AFFAIRS, INC. AND PATTON BOGGS, LLP) (600.30)
This item was removed from the Consent Calendar by Council Member Uso for
clarification. Council Member Nielsen recommended revision to the agreement
concerning expenses limitations.
Page 5 of 14 10-16-2007
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to approve Personal Services
Agreement with Townsend Public Affairs, Inc. to provide State Government
Advocacy Services through June 30, 2008, in an amount not to exceed $40,000
plus expenses during the term of the agreement; approve Personal Services
Agreement with Patton Boggs, LLP to provide Federal Government Advocacy
Services through June 30, 2008, in an amount not to exceed $40,000 plus
expenses during the term of the agreement approved, including an agreement
provision that extraordinary expenses, such as travel, need approval in advance;
and authorize the City Manager to execute the agreements as approved by the
City Attorney for these services.
6. CASH BALANCES BY FUND DATED AUGUST 31, 2007, RECEIVED AND
FILED. (330.50)
7. AGREEMENT FOR CONSULTANT SERVICES FOR STREET IMPROVEMENT
PROJECT APPROVED. (BOGHOSSIAN & ASSOCIATES) (600.30)
This item was removed from the Consent Calendar by Council Member Hribar for
clarification.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar and carried unanimously, 5-0, to approve Personal Services
Agreement for preparing plans and specifications for the Street Improvements
Project (CIP No. 119) with Boghossian & Associates, in the amount of $216,000.
8. AMENDMENT TO TRANSPORTATION FUNDING PROGRAMS MASTER
FUNDING AGREEMENT APPROVED WITH REVISIONS. (OCTA) (600.50)
This item was removed from the Consent Calendar by Council Member Uso to
ascertain information concerning Ortega/I-5 Interchange funding and design, La
Novia Bridge grant funding and project update, and coordination of
interconnected projects. Council Member Nielsen suggested Agreement revision
to ensure the proper approval process is followed.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried unanimously, 5-0, to approve Amendment No.13 to
Cooperative Agreement No. C-95-989, Combined Transportation Funding
Programs Master Funding Agreement with Orange County Transportation
Authority, for purposes of funding only, and revised to reflect the understanding
that individual projects must return to Council for final approval.
9. RESOLUTION NO. 07-10-16-01 ADOPTED APPROVING AMENDED LICENSE
AGREEMENT WITH MOUNTAIN PINES CHRISTMAS TREE FARMS
CONCERNING PARKING. (600.30)
Page 6 of 14 10-16-2007
This item was removed from the Consent Calendar by Council Member Uso to
establish the existing agreement allowed play equipment and signage.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Uso and carried unanimously, 5-0, to adopt Resolution No. 07-10-16-
01, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDED LICENSE
AGREEMENT WITH MOUNTAIN PINES CHRISTMAS TREE FARM;” and
authorize the Mayor to execute the agreement on behalf of the City.
10. AMENDMENT TO PERSONAL SERVICES AGREEMENT WITH LAN
ENGINEERING, EXTENDING THE TERM OF THE AGREEMENT, APPROVED;
CHANGE ORDER RATIFIED IN THE AMOUNT OF $23,214 (SURVEYING,
GEOTECHNICAL EXPLORATIONS, PLAN REVISIONS FOR UNFORESEEN
REPAIRS), $16,830 (POTHOLING SERVICES), AND $28,368 (ALIGNMENT
MODIFICATION AND PROFILE OF SIPHON CROSSING THE CHANNEL); AND
PROJECT BUDGET INCREASE OF $68,412, APPROVED. (CIP NO. 716)
(600.30)
PUBLIC HEARINGS
1. RESOLUTION NO. 07-10-16-02 ADOPTED APPROVING THE PROPOSED
SEWER SERVICE CHARGE INCREASE EFFECTIVE OCTOBER 17, 2007.
(1040.20)
Description: The City’s main source of revenue for the operation of the sewer
system, including the cost of all sewer transmission operations within the City,
the City’s share of costs at the treatment plant, and funding for capital
replacement, is the monthly sewer user rates. The City’s sewer user rates have
not been increased since August 1983, and are the lowest in the area. In May
2007, staff completed the Sanitary Sewer Master Plan Financial Program Update
and Rate Study, which indicated the need to increase sewer service charges
approximately 45% to meet the City’s current operating expenses, provide for
funding for on-going capital replacement, and maintain appropriate reserves.
Council reviewed the study and directed staff to begin the required Proposition
218 notice and public hearing procedures for consideration of the proposed rate
increase. On August 20, 2007, staff sent out the required notices to owners of
record for all parcels within the City, and included a notice to all rate payers
within the monthly billing statements of September 2007. Of the 12,927 parcels
that received notification, staff received 14 protests to the proposed rate
increase. Staff recommended Council open the public hearing to receive input
regarding the proposed sewer service charge increase necessary to fund the
ongoing sewer system operations and maintenance, and approve the resolution
approving the proposed sewer service charge increase effective October 17,
2007.
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Written Communications: Report dated October 16, 2007, by Cindy Russell,
Assistant City Manager.
Presentation: Cindy Russell, Assistant City Manager, summarized the staff report.
She invited the public to come forward with letters of protest for inclusion in the
total protest letters received to date. No additional letters were received.
Mayor Allevato opened the public hearing, and there being no public testimony,
closed the public hearing.
Council Comment:
Council Member Hribar acknowledged the need for increased sewer rates, but
opposed one large, single increase. He preferred deferred increases for the
benefit of seniors and/or those on fixed incomes.
Mayor pro tem Soto opposed the increase because he felt that 45% increase
was too much all at once for a government agency to charge ratepayers.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Uso and carried 3-2, with Council Member Hribar and Mayor pro tem
Soto opposed, to adopt Resolution No. 07-10-16-02, entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REVISING THE SCHEDULE OF SEWER CHARGES FOR
INCREASES TO THE MONTHLY SEWER SERVICE CHARGES TO PROVIDE
FOR ONGOING MAINTENANCE AND OPERATIONS.”
ROLL CALL
AYES: COUNCIL MEMBERS: Nielsen, Uso, Mayor Allevato
NOES: COUNCIL MEMBERS: Hribar, Mayor pro tem Soto
ABSTAIN: COUNCIL MEMBERS: None
RECESS AND RECONVENE
Council recessed at 7:58 p.m. to convene to the San Juan Capistrano Community
Redevelopment Agency meeting and reconvened at 7:58 p.m.
Page 8 of 14 10-16-2007
ADMINISTRATIVE ITEMS
G1. PUBLIC WORKS DIRECTOR
a. PERSONAL SERVICES AGREEMENT WITH PSOMAS TO CONDUCT AN
OVERSIGHT REVIEW AND EVALUATION OF METHYL TERTIARY-BUTYL
ETHER (MTBE) TESTING AND REMEDIATION BY CHEVRON APPROVED.
(600.30)
Description: In March 2007, the Orange County Health Agency (OCHCA) and
Chevron jointly reported to the City that there had been a release of Methyl
Tertiary-Butyl Ether (MTBE) from Chevron Gas Stations located at Camino
Capistrano and Del Obispo, and Ortega Highway and I-5. City wells located
downstream from the stations are the Dance Hall Well and Tirador Well. Results
of the examination conducted by PSOMAS to review Chevron’s testing
procedures and results included a recommendation that the City monitor the
progress of the Chevron testing. At the City’s Water Advisory Commission
meeting of September 25, 2007, PSOMAS submitted an oversight proposal to
monitor Chevron’s investigation activities related to investigation of MTBE
containment plumes, and includes a review of the work by Chevron for
completeness, effectiveness, and timeliness to assure the City that everything
that can be reasonably done, is being done; and if not, provide a basis to bring a
case to OCHCA. The Water Advisory Commission forwarded a recommendation
that Council award a contract to PSOMAS to provide the oversight review. Staff
recommended Council award a contract to PSOMAS for $84,000 to conduct an
Oversight Review and Evaluation of MTBE Testing and Remediation by Chevron;
and appropriate $90,000 from the Water Operations Fund reserves.
Written Communications:
Report dated October 16, 2007, by Eric Bauman, Water Engineering Manager.
Supplementary Agenda Report dated October 17, 2007, by Eric Bauman, Water
Engineering Manager.
Presentations:
Cindy Russell, Assistant City Manager, reviewed the staff recommendation.
Natasha Molla, representing Chevron, provided information as to the noticing and
mitigation requirements related to mitigate MTBE soil contamination and the
current status regarding Chevron obtaining property access that is required to
conduct the on-going investigation of soil. She stated that Chevron was meeting
all state regulations and working with the Orange County Health Agency; and
established that there is no requirement that Chevron contact that affected cities
concerning contamination in their jurisdiction. She noted the appropriate
Page 9 of 14 10-16-2007
government agencies were notified and have been involved since the leak was
identified. When Chevron was made aware of the City’s underground wells, they
immediately notified the City of the leak.
Public Comment:
Dusty Otero, City resident, suggested that installation of the fuel tanks should
have featured certain construction methods to prevent leakage.
Art Hasselbrink, City resident, noted that the City’s adobe soils make it harder to
track soil contamination.
Council Comment:
Council Members concurred to support the PSOMAS Agreement to provide the
City with its own expert and advocate in this situation so it does not have to rely
on a government agency or Chevron to ensure proper testing, mitigation, and
treatment; directed staff to pursue all avenues to be reimbursed by Chevron for
all related expenses; and requested staff ensure all new permits for gas station
installations within the City include language to require any spills be reported to
the City as soon as they occur. Council Member Nielsen recommended revised
language to the Agreement to clarify contract maximum limits.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar and carried unanimously, 5-0, to approve Personal Services
Agreement with PSOMAS for $84,000 to conduct an oversight review and
evaluation of Methyl Tertiary-Butyl Ether (MBTE) testing and remediation by
Chevron, including a provision that all work specified will be completed for
$84,000; appropriate $90,000 from the water operations fund reserves for the
cost of the services; and direct staff to pursue all avenues to seek reimbursement
for oversight costs from Chevron.
G2. CITY MANAGER
a. REQUEST FOR PROPOSALS FOR CONSULTING SERVICES FOR
DEVELOPMENT OF A LONG-TERM VISION AND STRATEGIC BUSINESS
PLAN AUTHORIZED. – CITY COUNCIL PRIORITY #21B (600.30)
Description: Council has identified the need to develop a long-term vision and
strategic business plan, including a long-term financial plan, to provide a
framework and basis for the goals and priorities set by Council each fiscal year.
Staff has prepared a draft proposal to retain the services of a qualified firm to
assist in the development and facilitation of the strategic and financial planning
process for Council review. Staff recommended Council review the draft Request
for Proposals and provide additional input to staff, and authorized staff to solicit
Page 10 of 14 10-16-2007
proposals for consulting services for the development of a long-term vision and
strategic business plan.
Written Communications: Report dated October 16, 2007, by Cindy Russell,
Assistant City Manager.
Presentation: Cindy Russell, Assistant City Manager, summarized the staff report.
Council Comment:
Council Member Hribar ascertained that staff will research whether Community
Redevelopment Agency funds can be used to cover a portion of the program
costs.
Council Members concurred that the strategic plan was critical for long term goal
setting and to establish a vision of the City’s future; should be specific enough to
use on a day to day basis; and will help to ensure the City is moving forward in
the right direction.
Council Action: Moved by Mayor pro tem Soto, seconded by Council
Member Uso and carried unanimously, 5-0, to authorize staff to solicit proposals
for consulting services for development of a long-term vision and strategic
business plan; and Request for Proposals to include requirement that the
business plan provides 1) enough specificity to establish appropriateness of
proposed development, 2) project at least twenty years in the future, and 3) the
strategic planning process should begin with Council and key staff.
G3. PLANNING DIRECTOR
a. RESOLUTION NO. 07-10-16-03 ADOPTED CERTIFYING THE FINAL
PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE NON-
DOMESTIC/RECYCLED WATER MASTER PLAN UPDATE. (CIP# 792)
(1050.40)
Description: The Capistrano Valley Water District, which has since been
reorganized to become a part of the City, adopted a Non-Domestic/Recycled
Water Master Plan (RWMP), in January 2000. The Master Plan calls for the
expansion of the City’s existing Non-Domestic Water system to meet current and
future irrigation demands and substantially reduce the City’s dependence on
imported water by expanding the water system to increase the use of recycled
water. The RWMP Update, initiated by the City in 2006, reflects the changes in
City water conditions since 2000, and proposes elements to be constructed over
a 15 year period that will provide the storage capacity and delivery capability to
meet the estimated demand for recycled water in the community. A Program
Environmental Impact Report (PEIR) has been prepared and revised in response
to comments received during the public review period. The PEIR was
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recommended for certification by the City’s Water Advisory Commission; and
revised in response to recommendations made at the Planning Commission
review level. Staff recommended Council adopt a resolution certifying the Final
Program Environmental Impact Report for the Non-Domestic/Recycled Water
Master Plan Update.
Written Communications:
Report dated October 16, 2007, by Bill Ramsey, Principal Planner.
Agenda Report Supplement dated October 16, 2007, by Steve Apple, Planning
Director.
Letter dated October 10, 2007, from Jack Chestek, City resident, opposed to the
R-1 reservoir site due to slope stability and resident safety concerns.
Presentations:
Bill Ramsey, Principal Planner, summarized the staff report.
Tom Barnes, Environmental Science Associates, narrated a slide presentation
entitled “Non-Domestic/Recycled Water Master Plan Final PEIR.” He established
the report serves as a project report for proposed infrastructure, with the
exception of reservoirs. Proposed reservoir sites will need additional
environmental review.
Paul Bogseth, Hetherington Engineering, Inc., narrated a slide presentation
entitled “Geotechnical Feasibility of Proposed Via Cerra Rebal 450/475 Reservoir
Sites;” He provided an overview of geological issues for proposed reservoir sites
and established that additional exploratory work needed to be completed prior to
final siting of a reservoir.
Omar Sandoval, Deputy City Attorney, clarified that approval of the proposed
resolution to certify the PEIR does not approve any individual project, but rather
identifies potential impacts to the environment and certifies the project has been
studied. Individual projects would have to come to City Council for approval, and
will need review and approvals from applicable Committees, Commissions, and
Council before the issuance of permits to begin construction.
Public Comment:
Jack Chestek, City resident, felt site 1A was inappropriate as a reservoir site
because the land is subject to movement.
Harriett Perry, City resident, read a letter into the record regarding her concern
that recycled water poses health risks to children and should not be used on
school sites.
Page 12 of 14 10-16-2007
John Perry, City resident, read a letter into the record stating his opinion that the
City should reject the plan for recycled water facilities because it is not cost
effective or environmentally sound. He suggested the City join with Dana Point in
their efforts to build a desalination plant, which will create an inexhaustible water
supply.
Adam Maywhort, City resident, supported the final Program Environmental
Impact Report; and suggested that associated mitigation projects meet the City’s
long-term strategic plans for Open Space.
Council Comment:
Mayor Allevato established that the estimated cost per square acre foot of water
from the desalination plant is estimated to be much higher than the cost per
square acre foot of recycled water; and that all of the surrounding school districts
have for many years and continue to use recycled water for school field irrigation,
without any documented illnesses reported to date.
Council Members concurred to support the PEIR for the RWMP Update in order
to provide residents adequate irrigation water in the future; and encouraged staff
to continue evaluating the site areas for the proposed reservoirs to ensure they
provide the least impacts to residents, the ridgeline, and existing habitat.
Council Action: Moved by Council Member Nielsen, seconded by Council
Member Hribar and carried unanimously, 5-0, to adopt Resolution No. 07-10-16-
03, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CERTIFYING FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT FOR THE 2007 NON-
DOMESTIC/RECYCLED WATER MASTER PLAN UPDATE;” and direct staff to
continue to evaluate the 1A and 2A sites and look for alternatives to using the
“R2” site due to efforts to protect the ridgeline and the area’s successful habitat
restoration project.
b. RESOLUTION NO. 07-10-16-04 ADOPTED ACCEPTING LAND DEDICATION
TO THE CITY LOCATED GENERALLY SOUTHEAST OF SAN JUAN CREEK
ROAD AND VALLE ROAD. (ADVANCED GROUP 99-SJ) (THE MEADOWS
NORTH) (TRACT 14343) (420.40)
Description: Advanced Group 99-SJ has submitted development plans for the
“Distrito La Novia” project which includes the land area bordered by San Juan
Creek Road to the north, Valle Road to the west, La Novia Avenue to the south,
and San Juan Hills Golf Course to the east; and includes the City’s choice of two
alternate sites offered for dedication to the City as a public use site. According to
the Domestic Water Master Plan, the purpose of the public use site is to provide
land for a future reservoir to serve the surrounding area. Staff addressed the
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suitability of “Street A” (Site “A”), located adjacent to Avenida California east of
Valle Road, and “La Novia” (Site “B”), located on the north side of La Novia
Avenue east of Valle Road, for that purpose, and determined that Site “A” is
geotechnically feasible as a reservoir site, whereas Site “B” is infeasible. Staff
recommended Council adopt a resolution selecting the “Street A” site for the
public dedication site, designated as Lot 273 on the revised Tentative Tract Map
(TTM) 14343, per Condition No. 1 on General Plan Amendment 95-02 (City
Council Resolution #98-2-17-2).
Written Communications:
Report dated October 16, 2007, by Steve Apple, Planning Director.
Memorandum dated October 16, 2007, by Steve Apple, Planning Director.
Presentation:
Bill Ramsey, Principal Planner, reviewed the staff recommendation.
Public Comment:
Ray Poulter, representing Advanced Real Estate Services, applicant, provided
some history as to the considered public uses for the dedicated site.
Robb Cerruti, Advanced Real Estate Services, reviewed the current land uses for
the project site.
Council Comment:
Council Member Nielsen recommended a written agreement with the applicant
indicating the applicant is responsible to deliver a graded pad sufficient to
accommodate the reservoir as proposed.
Council Action: Moved by Council Member Uso, seconded by Council
Member Nielsen and carried unanimously, 5-0, to adopt Resolution No. 07-10-
16-04, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DESIGNATING A SITE FOR
DEDICATION FOR PUBLIC INSTITUTIONAL USE IN CONNECTION
CONDITION NO. 1 ON GENERAL PLAN AMENDMENT 95-02 (THE MEADOWS
NORTH)(TTM 14343);” and direct staff to return to Council with a written
agreement establishing the applicant will provide the City with a graded pad on
the dedicated site to accept the proposed reservoir.
ORDINANCES - None
Page 14 of 14 10-16-2007
COUNCILMANIC ITEMS
Council Member Hribar commented that encouraging private and public schools to
establish carpooling programs would be facilitated if the Council adopted a resolution
supporting and encouraging these types of programs. Council concurred to direct staff
to prepare a resolution for Council consideration at the next meeting.
ADJOURNMENT
There being no further business, Mayor Allevato adjourned the meeting at 10:20 p.m. to
the Regular Scheduled Meeting of Tuesday, November 6, 2007, at 5:30 p.m. for Closed
Session and 6:30 p.m. for the Public Business Session in the City Council Chamber.
Respectfully submitted,
_________________________________
MARGARET R. MONAHAN, CITY CLERK
Approved: November 20, 2007
ATTEST:
__________________________________
SAM ALLEVATO, MAYOR