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Testimony to the City Council, July 30, 2002

Mayor Pro-Tem Gelff, Members of the Council,

My name is Mark Nielsen and I reside at 31621 Via Quixote. I am also speaking as Co-Chair of CAUSE. I first feel compelled to state for the record that I vehemently reject the scurrilous and libelous allegations made by certain proponents of this project (not members of this Council) that citizens of our town acted in a fraudulent and criminal way when collecting signatures for this referendum. Hopefully we are past this unproductive sideshow that merely detracts from legitimate public discourse and the exercise of our democratic process. That being said, I want to remind this Council that as we have previously stated, CAUSE supports a public high school for San Juan Capistrano, just not with all the baggage attached to this ordinance.

We previously offered an alternative, which I would like to offer again as a means to avoid the delay and uncertainty of the ballot box and approve a plan with the high school now. This alternative would allow the City to have a high school at this site, but would conform the development to the character and policies of San Juan Capistrano. Specifically, we would urge you to repeal Ordinance No. 865 and that a new ordinance and CDP according to the following alternative be adopted:

1. The high school would be built in the eastern canyon as currently proposed, but the     grading plans would be changed to eliminate the need for an exception to our ridgeline     ordinance for a parking lot.
2. A maximum of 103 homes would be allowed in the eastern canyon south of the high     school. This number of 103 is consistent with the number of homes that the City would     allow the developer for the whole property without the high school if he did not have     any access to La Pata, nor had any exceptions to build across the ridgelines. Further,     this number of homes would allow for less landform alteration in the eastern canyon, and     would provide for the larger lots that are required under the City's Slope Density     Policy and Title 9, Chapter
3. All lots would be a minimum of 10,000 sq. ft in the eastern canyon. Limiting the number     to 103 would also allow a redrawing of the impact boundary at the far southwestern     portion of the east canyon so as to significantly reduce the impact to the endangered     species and habitat at that location. It would also allow a more rural design, rather than     the Ladera-like development that would currently be presented to anyone driving by on     La Pata. 3. While we originally proposed no development in the western canyon, we would     agree to a further compromise of the 15 homes in the western canyon as currently     envisioned. This would give the developer a total of 118 homes plus the $40-50 million     he will receive for the school.
4. Red curbing and a proctor at Camino Lacouague is not sufficient. Camino Lacouague     should be gated at San Juan Creek Road.
5. While normally the school district is not subject to any oversight or written agreements     with a city, because this development is actually being made by a private developer and     not by the school district using a condemnation, the City does have additional powers as     part of the approval process of the development. The City should require the school     district to enter into a written agreement with it regarding the use of lights, hours of     usage of facilities and attendant noise so that San Juan High School truly reflects the     character and ambiance of San Juan Capistrano. In addition to such things as low sodium     lights, parking lot lights being turned off after a certain time in the evening and limits     on the number of nights that stadium lighting can be utilized, there also needs to be a     clear joint use agreement for the various facilities and a re-evaluation by Parks,     Recreation about the value of the joint playfields versus the dollars for use in other     areas identified in our 7 year CIP.
6. Finally, the issue of traffic is of great importance to our whole community. If there are     creative ways to mitigate the 6,000 daily trips on Ortega Highway, we need to be     exploring them now instead of after the fact. If the school were to limit parking     permits to only seniors, it would both reduce the number of vehicles and require more     ride sharing among our town's student population.

    In addition, the funds for mitigation should be applied to a non-traditional public     transportation alternative that would provide regular bus transportation through town     and down Ortega Highway during both the a.m. and p.m. hours. Such an approach would     have the greatest positive impact on reducing traffic on Ortega Highway as well as     reducing the safety concerns for brand new drivers competing with trash trucks on La     Pata.

We also believe the City should press the applicant and school district to support the removal of the San Juan Creek Road extension from the County's Master Plan of Arterial Highways. Many in our community are concerned that this development and particularly the high school location will be used in the future to add to the Ranch's constant pressure to extend San Juan Creek Road through. Any parent with students at Ambuehl should be strongly opposed to this extension as it will only greatly increase the risk to our grade school students who currently have the benefit of only contending with traffic that predominately involves parents of students of the school.

CAUSE believes the above alternative provides a very effective compromise for the City to move forward with a high school at this site while insuring the attendant private development and impact of the school is consistent with the character and desires of San Juan Capistrano as a whole.

Paid for by Citizens for Mark Nielsen * 27126-B Paseo Espada Suite 725 * SJC CA 92675 * 949.325.0130