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76-0526_CC_Minutes_Adjourned Regular MeetingMAY 26, 1976 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA f [•' The Adjourned Regular Meeting of the City Council was called to order by Mayor Nash at 7:07 P.M. in the City Council Chamber followed by the Pledge of Allegiance to the Flag. The meeting was called for the purpose of completing the City Council Agenda of May 19, 1976; to receive further information on the State Coastal Zone Conservation Commission conditional permit for SERRA; and, to hold a joint meeting with the members of the Planning Commission. ROLL CALL: PRESENT: Douglas B. Nash, Mayor Councilman Kenneth E. Friess Councilman Richard D. McDowell Councilman John B. Sweeney ABSENT: Yvon 0. Heckscher, Mayor pro tem, who joined the meeting at 7:15 P.M. STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy, Director of Public }forks/City Engineer; Thomas G. Merrell, Director of Planning; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. SUBDIVISIONS AND ANNEXATIONS 1. FINAL MAP, TRACT 9181 (GLENDALE FEDERAL) (85) Council received copies of a report dated May 19, 1976, from the Director of Public Works, on the request for approval of the Final Map for Tract 9181. This matter is continued from the Council meeting of May 5, 1976, for receipt of a compre- hensive report from the developer identifying regional ground water conditions. Council also received copies of a letter addressed to Irvine Soils Engineering & Testing Laboratory from W.R. Munson of the County Environmental Management Agency regarding corrective measures for under- ground water seepage in Tract 5514 and Tract 9181. Mr. Larry Schlesser, representative of Glendale Federal, addressed the Council to request approval of the Final Tract Map and stated that drainage corrective measures have to be implemented before the final grading will be approved by the County. He stated that the report of Irvine Soils is being implemented with regard to the adjacent Tract 5514 except for a questionable portion down the middle of the project. With the concurrence of the Council, Mayor Nash directed that consideration of the Final Map for Tract 9181 be continued to the next Regular Council Meeting of June 2, 1976. The representatives of Glendale Federal were directed to provide Council with specific plans for the correction of the primary problem of drainage and for correction of the subsidiary problems and to provide plans and specifications i for a sub -drain system for Tract 9181. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER 1. STATE COASTAL ZONE CONSERVATION COMMISSION - (27) This matter is continued from the Council Meeting of May 19, 1976, for the purpose of receiving further information on the status of the application of SERRA for a permit to construct expanded sewerage facilities. A meeting of the SERRA Board of Directors has been scheduled for May 28th at 4:00 P.M. to vote on the permit. -1- 5/26/76 170 The Director of Public Works advised that a letter has been mailed to the property owners of record within the City who would be affected by the agricultural land condition imposed by the Coastal `Lone Commission, as directed by the City Council on May 19th. Mayor Nash commended the staff for compiling the list of addresses so promptly. Council members and staff discussed the aspects of either accepting or rejecting the permit as conditioned. If the permit is.rejected by the SERRA Board of Directors, applica- tion for a new permit could be made after a period of six months. The San Diego Regional Water Control Board has ordered SERRA to complete construction of a new ocean out- fall by January of 1976. Extensions have been granted, but that agency could impose a penalty consisting of either a cease and desist order from using the existing outfall and/ or a stop order on additional hookups to the existing sewer system. The Federal grant funds would total 87'2% of the total cost of constructing the outfall which is estimated at 14 million dollars; the local agencies are obligated to pay the remain- ing 1212%. If those grant funds were lost, the burden would fall upon the member agencies, and the City's share would be approximately 2 million dollars. Council also discussed capacity of the existing outfall, breakdowns which have occurred, and the ultimate capacity for future development. Michael McIntyre, attorney at law representing landowners of approximately 1000 acres of agricultural land in the City, addressed the Council to request that the Council instruct the City's representative to SERRA to accept the Coastal Commission permit, but to reject the condition restricting sewer hookups to agricultural lands. The following persons addressed the Council: 1. Larry Buchheim, 34012 Avenida Evita; 2. Tony Forster, 31312 Guadalupe; 3. Donald Moore, 31781 Aguacate Road. Councilman McDowell suggested that the permit be accepted and the conditions rejected. Councilman Sweeney stated that he would be willing to accept the permit and reject the agricultural condition; that he supports the Commission's view in concept, but that their method of notification is reason for rejection. Councilman Friess stated that he supports the Commission goals, but that due to procedures, the entire permit should be rejected and SERRA directed to re -apply for a permit in six months so that landowners would have a reasonable time for input. Mayor Nash stated that the permit should be accepted since the permit is necessary for the community to proceed with a reasonable amount of growth and in order to avoid penalties. Council- man Heckscher stated that the permit should be accepted but that the City should immediately initiate a plan with the cooperation of the affected landowners so that they are compensated in some way and their concerns for the values of their lands alleviated. It was moved by Councilman Sweeney and seconded by Council- man McDowell to direct the City's representative to SERRA to vote to accept the permit, but reject condition 2, the restriction on sewer hookups to agricultural lands. The motion failed by the following vote: -2- 5/26/76 AYES: Councilmen Sweeney and McDowell 171 NOES: Councilmen Friess, Heckseher and Mayor Nash ABSENT: None It was then moved by Councilman McDowell and seconded by Councilman Sweeney to direct the City's representative to SERRA to vote to reject the Coastal Commission permit for the construction of the ocean outfall. The motion carried by the following vote: AYES: Councilmen Sweeney, McDowell and Friess NOES: Councilman Heckscher and Mayor Nash ABSENT: None RECESS AND RECONVENE Council recessed at 9:10 P.M. and reconvened at 9:25 P.M. REGIONAL OCCUPATIONAL PROGRAM - JOB EXPO 176 (78) Councilman Sweeney noted that a letter had been received from Jose Sandoval, Placement Specialist, Regional Occupa- tional Program, requesting City support of their "Job Expo 176, Industry Meets the People" Day, scheduled for June 5, 1976. It was the consensus of the Council that a letter be for- warded to the members of the Chamber of Commerce asking for their support and participation in the program. STATE COASTAL ZONE CONSERVATION COMMISSION - (27) It was moved by Councilman Friess, seconded by Councilman Sweeney and unanimously carried that a letter be drafted to be forwarded to SERRA with a copy tD the State Coastal Commission advising that the action the Council took in directing the City's representative to SERRA to vote to reject the permit for the construction of the ocean outfall in no way reflects a change in the Council's attitude towards agricultural preservation and t'ia.t the City strongly favors agricultural preservation; the primary concern in rejecting the permit was the process by which the Commission took their action. Copies of the letter are also to be forwarded to State Senator Beilenson and other State legislators who are supportive of the Coastal Zone Conserva- tion Commission. . DIRECTOR OF PLANNING 1. ORANGE COUNTY GENERAL PLAN AMENDMENT 1-76 - RECOMMENDATIONS ON ENVIRONMENTAL IMPACT REPORT (56) Council received copies of a report dated May 19, 1976, from the Director of Planning forwarding recommendations with regard to Orange County General Plan Amendment 76.1 as it relates to the City's General Plan and Circulation Element and the Southeast Orange County Circulation Study. Council discussed the changes proposed to the Master Plan of Arterial Highways, the precise alignment for Stonehill between Del Obispo Street and Camino Capistrano, the possibility of Golden Lantern in liana Point being extended to. Avery, and the adequacy of the environmental impact report. Mayor Nash stated that it should be stressed that the Council does not endorse the construction of Stonehill Drive across the valley, but if there is no alternative to this construction, the Council had previously selected the least undesirable of the routes. -3- 5/26/76 7 2 RESOLUTION NO. 76-' -o-1: SOUTHEAST ORANGE COUNTY CIRCULATION ✓'r - A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OP' .kN�CAPISTRANO, CALIFORNIA, REQUESTING THAT THE n-,A 'i COUNTY BOARD OF SUPERVISORS AMEND THE MASTER PLAN Oi' ARTERIAL HIGHWAYS AND RETAIN A CLASSIFICATION CONTAINED THEREIN It was moved by Councilman McDowell, seconded by Councilman Heckscher and unanimously carried that Resolution No. 76-5-26-1 be adopted. The Resolution recommends that the following streets or portions thereof be deleted from the Master Plan of Arterial Highways to make it consistent with SEOCCS and the City's General Plan; Trabuco Creek Road, Alipaz Street, and La Punta. The City Manager was directed to convey the City's concerns regarding the proposed Stonehill extension to the County, setting forth that any decision on the precise alignment of Stonehill should be based upon predetermined grades which would serve to mitigate adverse environmental impacts and sensitive to the residents of the mobile home park and the valley who may be affected by this proposed extension, and should include a review of Alipaz Street; due to the unfavorable impact, the Council is not convinced that the Stonehill extension is necessary. The City Manager stated for the record that he owns a residential property in Dana Point which abuts Golden Lantern. It was moved by Councilman Sweeney, seconded by Councilman McDowell and unanimously carried that the Environmental Impact Report for Orange County General Plan Amendment 1-76 be found to be inadequate because it does not address the impacts of leaving the extension of Trabuco Creek Road, the extension of Alipaz Street, and La Punta on the Master Plan of Arterial Highways. JOINT MEETING WITH MEMBERS OF THE PLANNING COMMISSION Having completed -the items carried over from the City Council Agenda of May 19, 1976, Council recessed at 10:10 P.M. and re -assembled at 10:15 P.M. for a meeting with the members of the City Planning Commission. ROLL CALL: PRESENT: Douglas B. Nash, Mavor Yvon 0. Heckscher, Mayor pro tem Councilman Kenneth E. Friess Councilman Richard D. McDowell Councilman John B. Sweeney Phil Schwartze, Chairman Commissioner Robert Davies Commissioner Phyllis Shainman Commissioner Richard Wyndhamsmith ABSENT: Commissioner George Riley DISCUSSION OF CITY OBJECTIV 1. IMPLEMENTATION OF THE GENERAL PLAN IN RELATIONSHIP TO THE LAND USE MANAGEMENT CODE (46) Council members and Commissioners discussed the means of meeting the City objectives of retaining the City's character by growth management. Items addressed included General Plan Amendments; developmental pressures and the resultant demands on Council, Commissions and Staff; phasing of development; priorities; services; hours allotted to Board meetings; decision making at the Commission level; further use of a. consent -denial calendar. The Director -4- 5/26/76 1'73 of Planning suggested that consideration of agricultural preservation, General Plan Amendments, and growth management should be treated separately and estimated that recommendations for the first step'of a growth control plan should be available in from 60 to 90 days after adoption of the City budget. With the consensus of the Council, Mayor Nash directed that the City Manager prepare a preliminary format as an interim measure for alleviating the pressures of growth control for presentation to the Council as soon as possible. 2. METHODS TO IMPROVE COMMUNICATION BETWEEN THE CITY COUNCIL AND PLANNING CO11:1fISSI0N Members discussed reconsideration of density credit as it relates to hillside slope and implementation of density transfer, application of the ridgeline conser- vation concept, and methods of communication between the various Commissions and the Council. An organiza- tion chart is to be drafted of interactions between the Commissions and Council for future inclusion in the growth management plan. Mayor Nash then recapitulated the directions resulting from the joint discussions as follows: a. Staff will develop an interim policy for growth - control that will affect the workload between now and the time a formal growth control ordinance can be implemented; b. The Planning Commission is to address the problem of ridgeline density and open space and prepare recommendations for Council consideration; C. The City Manager is to prepare an organization chart indicating more precisely the interaction between the various Commissions and the Council. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 1:::50 P.M. to the next regular meeting date of Wednesday, June 2, 1976, at 7:00 P.M. in the City Council Chamber. APPROVED: DOUGLAS NASH, MAYOR Respectfully submitted, _1�1 MARY AN r ANOVER, CITY CLERK -5- 5/26/76