84-0529_CC_Minutes_Adjourned Regular Meeting151
MAY 29, 1984
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of
San Juan Capistrano, California, was called to order by Mayor
Hausdorfer at 7:08 p.m., in the City Council Chamber.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
(arrived at 7:09 p.m.)
ABSENT: Phillip R. Schwartze, Mayor pro tem
STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann
Hanover, City Clerk; James S. Okazaki, City Attorney; William D.
Murphy, Director of Public Works; Thomas G. Merrell, Director of
Community Planning and Development; Cheryl Johnson, Recording
Secretary.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman Bland
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Friess and Schwartze
CITY RESPONSE TO ENVIRONMENTAL IMPACT REPORT - P
(79) Purpose:
To review the status of the proposed Santa Margarita Water
District Wastewater Treatment facilities and to issue an
official City Council position statement.
Written Communications:
(1) Report dated May 22, 1984, from the Department of
Community Planning and Development to the Planning
Commission, forwarding a proposed City response to the
Environmental Impact Report.
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(2) Letter dated May 22, 1984, addressed to Marlene Draper,
31141 Via Cristal, from Robert K. Break, Latham &
Watkins, 660 Newport Center Drive, Suite 1400, Newport
Beach, 92660, Attorney representing the San Juan
Residents Association, briefly summarizing points made
at the Santa Margarita Water District presentation held
on May 17th.
(3) Report dated May 29, 1984, from the City Manager and
the Director of Public Works, forwarding Planning
Commission and City staff comments and concerns
regarding deficiencies and inconsistencies in the
Environmental Impact Report and setting forth
recommendations for inclusion in the formal City
response.
(4) Memorandum dated May 29, 1984, from the Director of
Public Works, advising that on May 29th the Santa
Margarita Water District Board took action to approve
appointment of an ad hoc committee which will meet over
a 60 -day period and submit a report to the Board by
August 6, 1984.
Status Reports:
Mayor Hausdorfer stated that the ad hoc committee would
review the original 15 sites, as well as any other potential
sites; that the committee would include representatives from
San Juan Capistrano, Mission Viejo, Rancho Mission Viejo,
and the Board of Supervisors.
The City Manager introduced the City's environmental
consultant, Dr. Robert Gummerman, Culp Wesner Culp; and, the
City's special legal counsel, Len Hampel, Rutan & Tucker.
Mr. Julian made an oral presentation, citing legal concerns
which were identified in the Environmental Impact Report.
He further suggested that the Santa Margarita Water District
Board be requested to hold the June 18th public hearing in a
facility suitable for large crowds.
Exhibits were on display and Sara Pashalides, Assistant
Planner, presented an overview of the project and
Environmental Impact Report documents, and discussed
Planning Commission concerns. The Director of Public Works
noted that the ad hoc committee's report would be considered
at the Board meeting of August 20th and that the Board
Chairman had indicated that no action would be taken to
certify the Environmental Impact Report until after receipt
of the committee's report. He further cited the Board's
intent to conduct only one public hearing on the issue on
June 18th. Council concurred that the Santa Margarita Water
District Board also be requested to hold the public hearing
in the evening and to continue the June 18th hearing to the
meeting of August 20, 1984.
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153
Public Input:
(1 Pat O'Brien, 31111 Via Madera, thanked Council and
staff for their efforts and stated that the previously
perceived lack of cooperation between the City and the
residents was no longer apparent.
(2) Jim Stratton, 28121 Calle Racquel, was advised that
the realignment of Ortega Highway had been addressed in
the City's response.
(3) Dick Summersgill, 31101 Via Cristal, initiated
discussion regarding toxic chemicals and toxic waste at
treatment plants.
(4) Sharon Stratton, 28121 Calle Racquel, initiated
discussion regarding impacts on ground water.
(5) Marlene Draper, 31141 Via Cristal, advised that the
letter dated May 22, 1984, from Robert Break was a
preliminary letter; that a final letter for inclusion
with the City's response would be forthcoming.
'Official Position Statement:
It was moved by Councilman Bland, seconded by Councilman
Friess and unanimously carried to approve the following
recommendations and to authorize the City Manager to prepare
the formal response for the Mayor's execution:
(1) Accept the report of the Planning Commission with their
additional comments;
(2) Incorporate by reference the points submitted in the
latest letter from Robert K. Break of Latham and
Watkins;
(3) Support the actions of the Santa Margarita Water
District Board to form an ad hoc review committee to
review all 15 or more sites; the committee to be
composed of representatives of San Juan Capistrano,
Mission Viejo, Santa Margarita Water District, Rancho
Mission Viejo, and representatives of Supervisors Riley
and Nestande. Authorize the Mayor to recommend the
selection of representatives from San Juan Capistrano;
(4) Restate the Council position in opposition to the three
proposed sites, Ortega South, Ortega North, and
Oso/Trabuco; including opposition to the installation
of trunk sewer lines and land outfall lines within
Rancho Viejo Road, Calle Arroyo, and Avenida Siega;
(5) Strongly recommend to the Santa Margarita Water
District that the Board not certify the EIR as it is
presented even for site selection considerations;
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15.4.
(6) Authorize the Mayor to transmit by separate cover all
correspondence received by the City on this item to the
Santa Margarita Water District; and,
(7) Authorize a request that the Santa Margarita Water
District continue their June 18, 1984, meeting and that
it be held in a larger meeting place at an evening
hour.
CLOSED SESSION
Council recessed to a Closed Session at 8:20 p.m., for discussion
of personnel and legal matters, the City Clerk being excused
therefrom, and reconvened at 9:50 p.m.
COUNCIL ACTIONS
OFFICIAL RESPONSE TO EIR AND REVIEW PROCESS
(79) It was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried to authorize the special
legal counsel to prepare a letter setting forth the City's
legal concerns with the draft EIR and the review process, to
be included as part of the City's official response.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:52 p.m., to the next regular meeting date of
Tuesday, June 5, 1984, at 7:00 p.m., in the City Council Chamber.
ATTEST:
4 fc
Y Y. H USDORFER, MAYOR
Respectfully submitted,
MARY ANN.- A OVER, CITY CLERK
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