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96-1217_CC_Minutes_Regular Meeting404 DECEMBER 17, 1996 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Swerdlin at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Council Member Collene Campbell. ROLL CALL: PRESENT: David M. Swerdlin, Mayor Gil Jones, Mayor pro tem Collene Campbell, Council Member John Greiner, Council Member Wyatt Hart, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; Jennifer Murray, Assistant City Manager; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas ' Tomlinson, Planning Director; Joe Arranaga, Public Lands and Facilities Director; Al King, Jr., Community Services Director; Lt. Paul Sullivan, Chief of Police Services; Nancy Bernardi, Recording Secretary. MOTION TO READ BY TITLE ONLY It was moved by Council Member Jones, seconded by Council Member Greiner, and unanimously carried that all Ordinances be read by title only. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110 10) Council Member Greiner introduced the following Commission representatives in attendance: Bill Sonka (Planning Commission), Pauline Leonard (Parks, Recreation, and Equestrian Commission), Mike Rosenberger (Transportation Commission), Don Tryon (Cultural Heritage Commission), Janice Palermo, Jessica Dean, and J. deGuevara (Housing Advisory Committee), and AI Simmons (seniors liaison to the City). ACKNOWLEDGEMENT OF DONATIONS (150 10) ' Mayor Swerdlin expressed appreciation to Don Batty of Solag Disposal for the cash donation to the Letters to Santa Program. Mayor Swerdlin also noted that the San Juan Hills Country Club would be donating 50% of their green fees received on Christmas day for the new City Counoil Minutes -1- 12/17/96 405 Community Center. Council Member Campbell commended Council Member Hart on the goals he established for the City and his commitment during his term as Mayor and presented him with his "Mayor Hart Reserved Parking" sign. ORAL COMMUNICATIONS (CITY COUN IUCOMMUNITY REDEVELOPMENT AGENCYI None. CONSENT CALENDAR It was moved by Council Member Jones, seconded by Council Member Campbell, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Campbell, Greiner, Hart, Jones, and Mayor Swerdlin NOES: None ABSENT: None 1. APPROVAL OF CITY COUNCIL MINUTES - SPECIAL MEETING OF NOVEMBER 19 1996 The Minutes of the Special Meeting of November 19, 1996, were approved as submitted. 2. RECEIVE AND FILE WARRANTS OF DECEMBER 4. 1996 (300 30) The List of Demands dated December 4, 1996, in the total amount of $406,985.09 was received and filed. 3. RECEIVE AND FILE CASH BALANCES BY FUND FOR OCTOBER 1996 (330,50) The City Treasurer's Report of Cash Fund Balances for the month of October 1996 in the total amount of $268,664 was received and filed. 4. CITY TREASURER'S REPORT OF INVESTMENTS AS OF NOVEMBER 30. 1996 (350.30) The City Treasurer's Report of Investments as of November 30, 1996, in the total amount of $10,954.187.76 was received and filed. City cmmil Mimtes -2- 12/17/96 f / \. ' S. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) The Report dated December 17, 1996, from the Planning Director, advising that no new development applications were received by the City since the last report of November 19, 1996, was received and filed. As set forth in the Report dated December 17, 1996, from the Director of Public Lands and Facilities, the specifications were approved for the maintenance of City street lights for a two- year period, fiscal years 1997-98 and 1998-99. Staff was authorized to call for bids. • • • . • • I N�Ti C�i;�Y:_►I�� 117:�•�C•]:���1=�11(•)�r1CiZ•� _ • ' As set forth in the Report dated December 17, 1996, from the Director of Public Lands and Facilities, the specifications were approved for the maintenance of the City's underground sanitary sewer lines for a two-year period, fiscal years 1997-98 and 1998-99. Staff was authorized to call for bids. • ' ' : • •�3.2�y1►`���Iy'7:I• I��it�f�7e]��•lo'�/I�•k�•] • ulul . _ • • I � • � L As set forth in the Report dated December 17, 1996, from the Director of Engineering and Building, the Final Map for Tract 15386 was approved, based on the finding that the Map is in conformance with the Subdivision Map Act and all applicable conditions of approved Tentative Tract Map 14181. The City Engineer and City Clerk were authorized to execute the Final Map, and the City Clerk was directed to record the Map with the County Recorder. As set forth in the Report dated December 17, 1996, from the Engineering and Building Director, the Multi -Agency Alternate Emergency Operations Center (EOC) Emergency Plan for the San Onofre Nuclear Generating Station (SONGS) was adopted. The Plan allows the City to utilize County Fire Authority Station No. 57 in Aliso Viejo, together with the emergency management teams of the City of San Clemente, the City of Dana Point, and the California Department of Parks, in the event an evacuation is necessary. The City Manager was authorized to execute the Plan on behalf of the City. City Counoil Minutes -3- 12/17/96 407 10. DENIAL OF CLAIM FOR DAMAGES (HETTEL) (170, 10) The Claim for Damages filed by attorney Gary A. Peterson, on behalf of Norman Hertel, was denied in its entirety, as set forth in the Report dated December 17, 1996, from the City Attorney. MEEMI Ems As set forth in the Report dated December 17, 1996, from the Engineering and Building Director, the following Resolution was adopted accepting the recreational trail easement located on the east side of Via Estelita to complete the recreational trail from Aguacate Road to Peppertree Bend: RESOLUTION NO 96-12-17-1. ACCEPTANCE OF RECREATIONAL TRAIL EASEMENT (SACARAMA LANE/SPAULDINGI - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING A RECREATIONAL TRAIL EASEMENT ADJACENT TO VIA ESTELITA AT 31611 SACARAMA LANE, ASSESSOR'S PARCEL NUMBER 649-101-21 (RICHARD AND PAMELA SPAULDING) The City Clerk was directed to record the easement deed with the County Recorder. The following items were removed from the Consent Calendar and considered separately. It was moved by Council Member Campbell, seconded by Council Member Jones, that the Minutes of the Regular Meeting of November 19, 1996, be approved as submitted. The motion carried with Council Member Greiner abstaining because he was not seated as a Council Member at that time. APPROVAL OF MILLS ACT CONTRACT FOR THE HANKEY-ROWSE COTTAGE (ROBINSON)(600.30) As set forth in the Report dated December 17, 1996, from the Planning Director, it was moved by Council Member Hart and seconded by Council Member Greiner that the Mills Act Contract with Alan P. Robinson be approved for the Hankey -Rowse Cottage located at 30981 Via Cristal, Assessor's Parcel No. 664-031-26. The ten-year Contract provides for the appropriate use, maintenance, and rehabilitation of the property to retain its historic characteristics and allows the County Tax Assessor to assess the property at a reduced value. The Mayor was authorized to execute the Contract on behalf of the City. The motion carried _ with Mayor Swerdlin abstaining due to a potential conflict of interest relating to the proximity of his residence to this project. City Council Minutes _q_ 12/17/96 W-1 PUBLIC 'l EXTENSION OF INTERIM URGENCYORDINANCE NO. ESTABLISHING • F_ • ' ON PROCESSING OF ADULT- ORIENTED Proposal: Consideration of a proposed extension of Interim Urgency Ordinance No. 784 establishing a moratorium on the processing of adult-oriented business permits for an additional ten months and fifteen days. A_pnlir cant City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 Written Communication: Report dated December 17, 1996, from the Planning Director, recommending that the Interim Urgency Ordinance No. 784 establishing a moratorium on the processing of adult-oriented business permits be extended for an additional ten months and fifteen days. The moratorium is intended to allow sufficient time for staff to develop amendments to the Municipal Code to ensure the mitigation of any secondary adverse impacts from adult-oriented businesses. ' Mr. Tomlinson made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and the following person responded: (1) Steve Cotugno, 31062 Paseo Valencia, spoke in support of the staff recommendation in order to preserve this family-oriented community and protect children from indecent materials. He felt that pornography should not be protected under the U. S. Constitution's First Amendment rights. There being no further input, the hearing was declared closed with the right to reopen at any time. Adoption of Urgency Ordinance Approving the Extension of Interim Urgency Ordinance No. 784: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Campbell, seconded by Council Member Jones, that the following Urgency Ordinance be adopted extending the moratorium on the processing of adult-oriented business permits to November 1. 1997: City Council Minutes -5- 12/17/96 Ci Written Communication: Report dated December 17, 1996, from the Finance Officer, recommending that a new Unsecured Promissory Note be issued to replace the original Note at the same variable rate of interest, with the Agency to make annual principal payments over the ten-year period. Ms. Pendleton made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. AdoZjon of Resolution Approving the Issuance of a New Unsecured Promissory Note: It was moved by Council Member Hart, seconded by Council Member Campbell, that the following Resolution be adopted: RESOLUTION NO, 96-12-17-2. APPROVING EXECUTION OF A NEW UNSECURED PROMISSORY NOTE TO REPLACE THE EXISTING NOTE IN FAVOR OF WALTER AND ANTOINETTA CAPPELLO - A RESOLUTION OF THE CITY COUNCIL OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY APPROVING THE EXECUTION OF A REPLACEMENT UNSECURED PROMISSORY NOTE IN FAVOR OF WALTER AND ANTOINETTA CAPPELLO The motion carried by the following vote: AYES: Council Members Greiner, Hart, Campbell and Mayor Swerdlin NOES: None ABSTAIN: Director Jones ABSENT: None The Agency Chairman was authorized to execute the Note on behalf of the Agency. Q " :XW-13al 319 Council recessed at 7:18 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:21 p.m. as the City Council. City Council Minutes "7- 12/17/96 410 411 ADMINISTRATIVE ITEMS CITY MANAGER ADOPTION OF CITY EMERGENCY OPERATIONS PLAN (520.30) Written Communication: Report dated December 17, 1996, from Douglas Dumhart, Management Analyst II, recommending that the proposed City Emergency Operations Plan developed by Marilee Miller, the consultant hired by the City to develop the Plan, be adopted for compliance with the Standardized Emergency Management System (SEMS) regulations. Under the Plan the City will be eligible for State funding of personnel costs incurred from responding to emergencies. Adoption of Resolution Approving the City's Emergency perations Plan: It was moved by Council Member Campbell, seconded by Council Member Jones, that the following Resolution be adopted: RESOLUTION NO 96-12-17-3. ADOPTION OF EMERGENCY OPERATIONS PLAN DATED DECEMBER 1996 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE CITY OF SAN JUAN CAPISTRANO EMERGENCY OPERATIONS PLAN DATED DECEMBER 1996. The motion carried by the following vote: AYES: Council Members Campbell, Greiner, Hart, Jones, and Mayor Swerdlin NOES: None ABSENT: None 2. ADOPTION OF STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SES) NUCLEAR POWER PLANT (SONGS) EMERGENCY RESPONSE PLAN (520,50) Written Communication: Report dated December 17, 1996, from the Engineering and Building Director, recommending that the proposed Standardized Emergency Management System (SEMS) Nuclear Power Plant (SONGS) Emergency Response Plan be adopted for compliance with the Standardized Emergency Management System (SEMS) regulations. Under the Plan the City will be eligible for State funding of personnel costs incurred from responding to incidents at the San Onofre Nuclear Generating Station. City C.Mcil Minute. -8- 12/17/96 412 Adoption of Resolution Approving the City's Nuclear Power Plant (SONGS) Emergency Response Plan: It was moved by Council Member Jones, seconded by Council Member Campbell, that the following Resolution be adopted: RESOLUTION NO. 96-12-17-4. ADOPTION OF THE CITY OF SAN JUAN CAPISTRANO STANDARDIZED EMERGENCY MANAGEMENT SYSTEM NUCLEAR POWER PLANT EMERGENCY RESPONSE PLAN DATED JUNE 1996 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING THE CITY OF SAN JUAN CAPISTRANO STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS) NUCLEAR POWER PLANT (SONGS) EMERGENCY RESPONSE PLAN DATED JUNE 1996. The motion carried by the following vote: AYES: Council Members Campbell, Greiner, Hart, Jones, and Mayor Swerdlin NOES: None ABSENT: None 3. APPROVAL OF NEW FRANCFHSE AGREEMENT FOR EXCLUSIVE INTEGRATED SOLID WASTE COLLECTION• DISPOSAL COMPANY INC.)(690,30) Written Communications: (1) Report dated December 17, 1996, from Douglas Dumhart, Management Analyst II, recommending that the proposed new Franchise Agreement for Exclusive Integrated Solid Waste Collection be approved with Solag Disposal Company, Inc. for the ten- year period ending January 1, 2007. The new franchise agreement eliminates the previous policy requiring Solag to collect the City's waste separately from other jurisdictions and the ten-year age restriction on fleet vehicles in exchange for rate reductions for San Juan Capistrano. The Report noted that under the new franchise agreement, the City's commercial aggregate rate would be approximately 7% higher than the City of Laguna Hills. To bring San Juan Capistrano's rates into alignment, Solag Disposal will defer the next three scheduled cost of living increases for commercial accounts. (2) Letter dated December 16, 1996, from Judith Ware, President of Ware Disposal Co., Inc., requesting the City's support to allow Ware Disposal to subcontract with Solag ' to provide roll -off, construction and demolition, and temporary services. City Council Minutes -9- 17/17/96 413 Douglas Dumhart, Management Analyst II, outlined the provision of the proposed franchise agreement. Council Member Jones indicated that he would participate and vote on this item since Solag had relocated out of the Los Rios Historic District and the proposed Agreement would impact the entire City. Council Member Hart commended City staff and Solag on working together to develop the proposed Agreement. Approval of New Franchise Agreement with Solag Disposal ompanv Inc.: It was moved by Council Member Hart, seconded by Council Member Jones, and unanimously carried that the new Franchise Agreement for Exclusive Integrated Solid Waste Collection be approved with Solag Disposal Company, Inc. for the ten-year period ending January 1, 2007. The City Manager was authorized the execute the Agreement on behalf of the City. MEMORANDUM OF UNDERSTANDfN*JKEITL41XI""WIIA&UaTALGJW, - MONTANEZ ADOBE.00 Written Communication: Report dated December 17, 1996, from Jennifer Murray, Assistant City Manager, recommending that the proposed Memorandum of Understanding for Curation Responsibilities for the Montanez Adobe be approved with Rita Tanner Propersi and/or David Whittington. The MOU: 1) allows Ms. Tanner Propersi and/or Mr. Whittington to provide curation responsibilities on a volunteer basis (no compensation), 2) provides for the City to pay the cost of basic monthly telephone service for the Adobe, and 3) requires the City to reimburse the curators for the actual costs of improvements of the property for which the City has granted prior written approval. The Report noted that the proposed MOU differs somewhat from the recommendation provided by the Cultural Heritage Commission. Jennifer Murray, Assistant City Manager, made an oral presentation. She noted that the majority of the recommendations forwarded by the Cultural Heritage Commission were incorporated into the MOU, with the exception of limiting the artifact displays to the Spanish Colonial period only (pre -1800's); requiring Cultural Heritage Commission review of any proposed exterior changes; and, required quarterly meetings with all interested parties. She advised that staff recommended permitting the display of all artifacts and exhibits of the Adobe's history to the present; review of any proposed exterior modifications would be reviewed as required by the Municipal Code; and, the curators would make quarterly reports to the City Council, which will be forwarded to the Cultural Heritage Commission. Council Member Campbell inquired about the proposed provision in the MOU to allow the Walking Tour Guides to have "unrestricted access" to the Adobe. Dr. Murray explained that this access is limited to regular hours when the Adobe is open to the general public. City Council Minutes _Ip_ 12/17/96 414 Public Comments: (1) Kathy Sandoval, 31306 Don Juan, the Cultural Committee Chairman of the Acjachemen/Juaneno Tribe and board member of the Montanez Adobe/Capistrano Cornerstones, expressed appreciation to the new curators for the opportunity to participate in the Adobe. (2) Rita Tanner Propersi expressed appreciation to the City, particularly Council Members Hart and Campbell, the City Manager, and Assistant City Manager for their trust and support in opening up the Adobe to the public. She advised that through their efforts enough funds were raised to purchase tiles for Polonia's Pathway and attain non-profit status. She noted that their first organizational meeting would be held early in January 1997, and a status report would be provided to the City Council soon thereafter. Mayor Swerdlin commended the Walking Tour Guides on their efforts in preserving the Adobe over the years and expressed appreciation to the new curators for opening up the Adobe to the public. He stressed the importance of the various groups working together to ensure the success of the Adobe and encouraged more involvement with the Walking Tour Guides in the future. Approval of Memorandum of Understanding for Curation Responsibilities for the Montanez Adobe: It was moved by Council Member Greiner, seconded by Council Member Hart, that the Memorandum of Understanding for Curation Responsibilities for the Montanez Adobe be approved with Rita Tanner Propersi and/or David Whittington. The City Manager was authorized to execute the MOU on behalf of the City. The motion carried with Council Member Jones abstaining because of the proximity of his business/residence to the Adobe. 1 1• I • 1 • �I► I • , ► • • •' • • 11 1 Written Communication: Report dated December 17, 1996, from Julia Kimminau, Management Analyst, recommending that the City's Personnel Classification and Compensation Plan be amended to create the positions of Field Contracts Supervisor and Contracts Clerk. The Report noted that the position of Field Contracts Supervisor will oversee the operations of the Department that are handled by private contract and will replace one of the Maintenance Superintendent positions. Adoption of Resolution Creating the Positions of Fields Contract Supervisor and Contracts Clerk: It was moved by Council Member Jones, seconded by Council Member Hart, that the following Resolution be adopted: City Council Minutes -11- 12/17/96 415 RESOLUTION NO. 96-12-17-5_ AMENDING RESOLUTION NO, 94-12-6-5. THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN (FIELD CONTRACTS SUPERVISOR AND CONTRACTS CLEM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING RESOLUTION NO. 94-12-6-5, THE CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION PLAN, TO CREATE THE POSITIONS OF FIELD CONTRACTS SUPERVISOR AND CONTRACTS CLERK The motion carried by the following vote: AYES: Council Members Campbell, Greiner, Hart, Jones, and Mayor Swerdlin NOES: None ABSENT: None Written Communication: Report dated December 17, 1996, from the City Clerk, advising that the Ordinance was introduced at the meeting of December 3, 1996, and was scheduled for adoption. Adoption of Ordinance: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Jones, seconded by Council Member Hart, that the following Ordinance be adopted: •' • , •A W-Aff.1 3110 z1170to turelwoI_ ul l►1 1' : • • 1 :. I• 0 3II I • 1 • PROGRAM - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, CHAPTER 10 OF THE MUNICIPAL CODE - SOILS SUBSIDENCE REMEDIATION PROGRAM The motion carried by the following vote: City Council Minutes 12/17/96 416 ' AYES: Council Members Campbell, Hart, Jones, and Mayor Swerdlin NOES: None ABSTAIN: Council Member Greiner ABSENT: None COUNCILMANIC ITEMS 1. REPORT FROM MAYOR SWERDLIN - AFFORDAFAIR SYMPOSIUM AND �'O (610,60 Written Communication: Report dated December 17, 1996, from Carole Jacklin, Council Services Administrator, forwarding Mayor Swerdlin's report on a seminar sponsored by the BIA held on November 21, 1996. Mayor Swerdlin made an oral report and the Report was received and filed. 2. RESOLUTION OF SUPPORT FOR ORANGE COUNTY SUPERVISOR TOM WILSON (610.401 Written Communication: Report dated December 17, 1996, from Carole Jacklin, Council Services Administrator, forwarding a draft Resolution of Support for newly -appointed 5th District Supervisor Tom Wilson, as requested by Mayor Swerdlin. It was moved by Council Member Jones, seconded by Council Member Hart, and unanimously carried to approve the Resolution of Support. ADDITIONAL CLOSED SESSION ITEM Findingfor Consideration of Off -Agenda Item: It was moved by Council Member Hart, seconded by Council Member Jones, and unanimously carried to find that this item for Closed Session was not available prior to publication of the Council agenda and consideration was necessary at this time: Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9, for the case known as McLaughlin v. City of San Juan Capistrano, et al. City C.Meit Minutes -13- 12/17(96 417 a. Southeast Regional Reclamation Authority (SERRAI (1040.60) Council Member Jones noted the Executive Committee meeting held this date at which a new long-term plan was placed into action to cut costs at the SERRA and Aliso Water Management Agency plants and save at least $560,000 annually. San Juan Basin Authority (1050.601 Council Member Jones noted the meeting held this date which included discussion regarding the litigation with the Capistrano Beach Water District. C. Orange County Joint Fire Authority (540.80) Mayor Swerdlin noted the meeting held December 12 where a Memorandum of Understanding was adopted for management employees, which included a 2% salary increase. d. Joint Powers Insurance Authority (170301 Mayor Swerdlin noted the meeting scheduled for December 18, 1996. e. Orange County Waste Management Commission (8 10. 101 Mayor Swerdlin noted the meeting scheduled for December 19, 1996. COUNCIL COMMENTS I 1 • ''• I • 6M "KLMM tOISIDIMUROW Council Member Campbell noted the memorandum received from the City Manager regarding the request by her and former Council Member Nash to have staff provide recommendations to improve the appearance and safety conditions of the Mission Promenade parking lot. 2. CHRISTMAS WISHES Council Members Jones and Hart wished everyone a Merry Christmas and a Happy New Year. Council Member Hart commended Mayor Swerdlin on his first meeting as Mayor. CLOSED SESSION (610,851 Council recessed to a Closed Session at 7:57 p.m. for: City Council Minutes -14- 12/17/96 418 Conference with Real Property Negotiator per Government Code Section 54956.8 for property known as Assessor's Parcel No. 649-361-02, with Vestar, G.M.E. Development, Extended Stay America, and possible other negotiating parties, to consider price and terms of payment; 2. Conference with Real Property Negotiator per Government Code Section 54956.8 for the proposed Plaza de las Golondrinas located at 27201, 27211, 27221, 27331 Ortega Highway, San Juan Capistrano - Public Benefit Agreement, with Benninghoff as the negotiating party, to consider price and terms of payment; 3. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9(a), for the case known as County of Orange v. Cassady; 4. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(b), for significant exposure to litigation in two cases, and Government Code Section 54956.9(c), the initiation of litigation in two cases; and 5. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9, for the case known as McLaughlin v. City of San Juan Capistrano, et al. The City Clerk was excused therefrom, and the meeting reconvened at 9:20 p.m. ' COUNCIL ACTIONS FOLLOWING CLOSED SESSION Mr. Denhalter advised there was no action to report on any of the items. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:20 p.m. to the next regular meeting date of Tuesday, January 7, 1997, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, CI-WkYL J09NSOV CITY CLERK ATTEST: ' DAVID M. SWERDLIN, MAYOR City Coumil Minutes -15- 12/17/96