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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 Page 3 of 14 10-16-2007 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. Page 7 of 14 10-16-2007 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 Page 11 of 14 10-16-2007 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 Page 13 of 14 10-16-2007 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