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95-0606_CC_Minutes_Regular Meeting205 NNE 6, 1995 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 Nash at 7:05 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Rusty Howard of the Community Christian Church. ROLL CALL: PRESENT: Carolyn Nash, Mayor Collene Campbell, Council Member Wyatt Hart, Council Member Gil Jones, Council Member David Swerdtin, Council Member U-313-:Qt1 09 STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M. Huber, Director of Engineering and Building Services; Thomas Tomlinson, Director of Planning Services; Al King, Jr., Director of Community Services; 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 Hart, and unanimously carried that all Ordinances be read by title only. Written Communication: Report dated June 6, 1995, from Julia Kimminau, Management Analyst II, noting the retirement of Ronald C. Sievers as the City's Director of Public Lands and Facilities effective May 8, 1995. Mayor Nash read the Resolution of Commendation in full and presented it to Mr. Sievers in recognition of his eight years of service with the City. The Council Members expressed appreciation to Mr. Sievers for his dedication and service to the City. City Council Minutes -1- 6/6/95 �wn Rej 01116KIlawavelsIUI • \1 C ► ul ► 1 1 Council Member Campbell introduced the following Commission representatives in attendance: Bill Sonka, Transportation Commission; and, Don Tryon, Cultural Heritage Commission. She also introduced former Mayor Ken Friess; and, Al Simmons. President, San Juan Capistrano Seniors Club. None. It was moved by Council Member Jones, seconded by Council Member Swerdlin, 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, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None ' - Y. 1I. a, M U, •• The Minutes of the Regular Meeting of May 2, 1995, were approved as submitted. �i • . i�u('t�il�Fl The Minutes of the Special Meeting of May 12, 1995, were approved as submitted. The List of Demands dated May 10, 1995, in the total amount of $2,351,314.63, and the List of Demands dated May 25, 1995, in the total amount of $1,533,677.71 were received and filed. City Council Minutes -2- 6/6/95 3. APPROVAL OF PLANS. SPECIFICATIONS. AND AUTHORIZATION TO ' RECEIVE BIDS - DRAINAGE IMPROVEMENTS ON CAL LE DELGADO (600,30) As set forth in the Report dated June 6, 1995, from the Director of Engineering and Building, the plans and specifications were approved for the installation of drainage on Calle Delgado. Staff was authorized to call for bids. L_ • •Lei ►11► el J I' 0 • / u1 N ul ► • t .11 1 As set forth in the Report dated June 6, 1995, from the Engineering and Building Director, the following Resolution was adopted: 1) assigning the Improvement Agreements from the Lusk Company to Glendale Federal Bank for Tracts 13436, 13437, 13865, and 13866, and 2) approving the substitution of the Lusk Company bonds with equivalent sureties from Glenfed: 1.1 TRACTS 13865, 13436_ 13866- AND 13437 (LUSK 'COMPANYLGLENDALE FEDERALB NK) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ASSIGNMENT OF IMPROVEMENTS AND THE SURETY SUBSTITUTION TO TRANSFER ALL OBLIGATIONS, DUTIES AND RIGHTS FROM THE LUSK COMPANY TO GLENDALE FEDERAL BANK (TRACTS 13865, 13436, 13866 AND 13437) r The Report advised that through foreclosure the land had been returned to Glendale Federal Bank and the improvement work would be their responsibility until sale of the land to Taylor - Woodrow Homes is completed. The Assignment of interests will be forwarded to the Orange County Recorder's Office for recordation. Written Communications: (1) the Report dated June 6, 1995, from the Director of Engineering and Building, advising that as a member of SERRA, the City must approve the Authority's 1995-96 annual budget and adopt the city's proportionate share of that budget. City Council Minutes -3- 6/6/95 207 208 (2) Revised Page 2 of the staff report, correcting the City's 1994-95 share of Project Committee No. 5 and correcting the projected increase in the City's share of the 1995- 96 budget from 1/4% to 1.4%. SERRA's 1995-96 budget in the amount of $4,640,900 was approved, and the City's proportionate share in the amount of $1,443,447 was adopted and allocated to the various SERRA accounts and funded from Sewer Enterprise revenues. The following item was removed from the Consent Calendar for discussion, as requested by staff. • J12 I '• ._13111121 N I OWN I isiZteia*v OEM • (CONTINUED• • •• Written Communication: Report dated June 6, 1995, from the Director of Administrative Services, recommending that Council Policy No. 12 be adopted establishing a standard process for the administration of City/Community Redevelopment Agency residential and commercial lease agreements when a breach of lease occurs. The Policy provides that both residential and commercial rents shall be negotiated at fair market value, with the exception of low- and moderate -income properties and facilities for non-profit entities. Ms. Pendleton recommended that minor modifications be made to the proposed Policy with regard to Residential Section A(1) and Exhibit 1. Adoption of Council Policy No. 12: It was moved by Council Member Hart, seconded by Council Member Jones, and unanimously carried that Council Policy No. 12, Administration of City and Agency Lease Agreements, be adopted with the following modifications suggested by staff: Residential Section A(1): The phrase, "no later than the last day of the month," was deleted. Exhibit 1: The second sentence of the first paragraph was modified to read "It is very important that your rent be paid in full unless other arrangements can be made. The last paragraph was deleted. men 11 L" I I WA OR I► plull .I• ��12�1 • r r • . . I . • r.1 311 J121 r :_ • • 5111131 a ';• / M I 1411111-Y4611111211219);_ :►1• •12 1• ;: • • 121_ . W112 I '• ►• ; h • Proposal: Public hearing held to consider: 1) amendments to the City's sign regulations to include provisions establishing a business promotional banner program and criteria for consideration City Council Minutes 4- 6/6/95 209 of banners within the public right-of-way; and, 2) a City Council Policy setting forth street ' banner standards. The proposed Code Amendment would allow businesses to display banners from the last Thursday through Sunday of each month without the need for a City permit. Applicant: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Written Communication: Report dated June 6, 1995, from the Planning Director, recommending that the draft Ordinance be introduced and the Council Policy adopted. The report advised that the promotional banner program had commenced on October 5, 1993, on a trial basis, to allow placement of banners in concert with the San Juan Marketplace event. The program had been extended several time in response to merchants' requests. The report noted that the program allowed merchants to display a promotional banner every month without having to obtain a permit and promoted San Juan Capistrano as a business -friendly City while still maintaining the purpose and intent to the sign code. Mr. Tomlinson made an oral presentation. He recommended the following modifications to the draft Ordinance: 1) clarify that a maximum of one banner per building elevation facing a street or parking lot be permitted; 2) delete the requirement that the event must directly ' benefit the residents of the City as determined by the Planning Director; and, 3) require estimated attendance at an event to be 1,000 rather that 500, subject to waiver by the City Council. He advised that the proposed Policy for street banners was designed as a policy document to establish specific design criteria for street banners in the public right-of-way. He noted that the Planning Commission had recommended approval of the amendments, with several modifications which had been incorporated into the document forwarded to Council. Public Hearine: Notice having been given as required by law, Mayor Nash opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Council Discussion: _ Council Member Hart expressed concern that a building with multiple tenants could have a proliferation of banners. Mr. Tomlinson stated that the current proposal dealt with individual businesses; the number of banners could be controlled by limiting the number of banners per building to two, regardless of the number of tenants. Mayor Nash felt that each tenant should be allowed to have one banner and suggested that one banner be permitted per business. Council Member Jones concurred but suggested that the size of the banners be limited to avoid a cluttered appearance. Mr. Tomlinson noted that the proposed amendment included provisions to control the size of banners. ' Council Member Campbell expressed concern with codifying the Monthly Business Promotional Banner Program and suggested that it be deleted from the current proposal, but City Council Minutes -5- 6/6/95 210 continue the Program, with the recommended changes, so there would be an opportunity for fiulher refinements. She noted that the Program was initiated to offer immediate assistance to local businesses in these difficult economic times, but that the situation could change and the City may not wish to continue the Program. Council Members Jones and Hart concurred that this Program could be reviewed again in a year to determine how it is working and whether the Council wished to continue it on a permanent basis. Council Member Hart suggested that the Business Task Force be given the opportunity to comment, noting that the City may wish to incorporate their comments into the final Ordinance. Council Member Swerdlin concurred and suggested that street banners for first-time events be allowed with an estimated attendance of 500; that attendance of 1,000 be required in subsequent years. Council Member Hart felt that attendance of 1,000 was not too much to require and noted that applicants could apply for a waiver. Mayor Nash concurred. In view of the apparent Council consensus, the City Attorney suggested that the Monthly Business Promotional Banner Program be extracted from the proposed Ordinance and returned in Resolution format. Introduction of Ordinance Amending Title 9_ Section 9-3.603 of the Municipal Code: 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 introduced, with the following modifications: 1) delete the requirement that the event must directly benefit the residents of the City as determined by the Planning Director; 2) street banner criteria will require estimated attendance at an event to be 1,000 rather that 500, subject to waiver by the City Council; (3) Delete the Monthly Business Promotional Banner Program from the proposed Ordinance, with direction to Staff to present the Program in Resolution form for Council consideration on June 20, 1995. AMUMING TITLE 9 OF THE MUNICIPAL CODE - COMMUNITY- WIDE EVENT STREET BANNERS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, SECTION 9-3.603 OF THE MUNICIPAL CODE ESTABLISHING CRITERIA FOR CONSIDERATION OF COMMUNITY -WIDE EVENT BANNERS WITHIN THE PUBLIC RIGHT-OF-WAY The motion carried by the following vote: AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None City Council Minutes 6/6/95 211 Adoption of City Council Policy No. 419: It was moved by Council Member Jones, seconded by Council Member Hart, and unanimously carried that Council Policy No. 419 be adopted establishing street banner standards. NEW • 1• • ': 11I. � 1 1MW Proposal: Consideration of a request to approve a Flood Plain Land Use Permit to relocate the Historic Hugo Forster House (also known as the Goya House) to 26821 Acjachema Street. The site is within the boundary of a flood hazard zone and could be subject to approximately one foot of flood water in the event of a 100 -year flood. Applicant Michael Palmer 31871 Los Rios Street San Juan Capistrano, CA 92675 Written Communication: Report dated June 6, 1995, from the Planning Director, recommending that the Flood Plain Land Use Permit be approved, subject to a condition requiring the first -floor elevation to be 2 feet above the existing property elevation, which would be 1 foot above the 100 -year flood elevation. Public Hearing: Notice having been given as required by law, Mayor Nash opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Adoption of Resolution Approving Flood Plain Land Use Permit 95-1: It was moved by Council Member Campbell, seconded by Council Member Jones, that the following Resolution be adopted: RESOLUTION NO, 95-6-6-2. APPROVING FLOOD PLAIN LAND USE PERMIT 95-1 (,PALMER) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A FLOOD PLAIN LAND USE PERMIT AT 26821 ACJACHEMA STREET (HISTORIC HUGO FORSTER HOUSE/PALMER) I The motion carried by the following vote: City Council Minutes -7- 6/6/95 212 AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None 1995 AND ENDING JUNE 30. 1996 (330,20) Proposal: Introduction of the Fiscal Year 1995-96 Operating Budget for initial consideration and discussion. Written Communication: Report dated June 6, 1995, from the City Manager, recommending that the Fiscal Year 1995- 96 Operating Budget be received to begin discussions regarding reductions and additions for the year. Proposal: Consideration of funding requests from fourteen community organizations for the Fiscal Year 1995-96 budget totaling $125,880. Written Communication: Report dated June 6, 1995, from the City Manager, recommending that information regarding funding requests from community organizations be received and two City Council Members designated to work with staff on recommendations for funding. The Report included a summary of funding requests by each community organization and the City's funding history for the past two years. Mr. Scarborough provided a general overview of the proposed budget, noting that the proposed General Fund Operating Budget projected a deficit of approximately $210,000. He described the proposed increases in law enforcement expenditures, the Sports Park maintenance, and insurance and legal services. He recommended that reduction in personnel costs occur to bring the budget into balance. Ms. Pendleton gave a more detailed explanation, and Jennifer Murray, Assistant to the City Manager, presented the funding requests by community organizations. Public Hearing: Notice having been given as required by law, Mayor Nash opened the Public Hearing, and the following persons requested funding on behalf of their organization: (1) Mike Darnold, San Juan Community Task Force City Council Minutes S� 6/6/95 (2) Lee Steelman, South Orange County Community Services Council ' (3) Melba Jones, Once Upon a Story (4) Dr. Ken Friess, Boys & Girls Club, Mary Erickson Foundation (5) Jerry Miller, Mission San Juan Capistrano i Continuation of Public Hearing: It was moved by Council Member Swerdlin, seconded by Council Member Hart, and unanimously carried that the Fiscal Year 1995-96 Operating Budget be received and the hearing continued to the meeting of June 20, 1995, for further discussion. Appointment of Council Members to Review Funding Requests: It was moved by Council Member Swerdlin, seconded by Council Member Hart, and unanimously carried that Mayor Nash and Council Member Jones be appointed to work with staff on recommendations for funding for community organizations. Council recessed at 8:35 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:50 p.m. as the City Council. CITY MANAGER RESOLUTIONS ESTABHII\ FEES FOR METERSPERMITS AND SETTING HOURS FOR COLLECTION A FROM MAY .. Written Communications: (1) Report dated June 6, 1995, from the City Manager, forwarding resolutions which would establish fees for meters and annual commuter rail parking permits and set the hours of collection of meter fees for the 131 parking spaces in the Franciscan Plaza Parking Structure designated for commuter parking. This item was continued from the meeting of May 16, at the request of Council, for additional information. (2) Letter dated June 6, 1995, from Irene D. Gilbert, 30491 Via Lindosa, Laguna Niguel, requesting that the City consider lower rates and annual permits for non-residents. She felt that higher rates would discourage commuters from boarding in San Juan Capistrano, and thus decrease the amount of potential business to the downtown area. (3) Letter dated June 6, 1995, from Thomas W. Hribar, broker at RE/MAX Realty, 32172 Camino Capistrano, urging that free parking continue to be provided for both resident and non-resident commuters. City Council Minutes -9- 6/6/95 213 214 Council Member Swerdlin inquired as to the total number of parking spaces dedicated for long-term commuter parking in the downtown area. Douglas Dumhart, Management Analyst H, advised that there are approximately 250 commuter spaces provided by the lot behind the Esslinger building off El Camino Real; El Camino Real and Camino Capistrano on -street parking; the lot behind the Old Pacific Bell Building; and, the Franciscan Plaza Parking Structure. Public Comments: (1) Gary Kapchinske of the Amsterdam Coffeehouse in the Franciscan Plaza, 31781 Camino Capistrano, stated that downtown businesses need more customers, including commuters, and that the proposed fees would discourage needed business away from the downtown area. He preferred that a metered parking program not be instituted; however, in the event it is approved, he urged that the fees be kept reasonable, possibly $1.00 per day, with the program to be evaluated after one year to determine the actual parking demand in the downtown area. (2) Jim Miller, owner of the Amsterdam Coffeehouse in the Franciscan Plaza, 31781 Camino Capistrano, concurred with Mr. Kapchinske's comments. He noted that a paid parking program similar to the one proposed for San Juan Capistrano failed at the Dana Point Harbor. Council Comments: Council Member Swerdlin noted that the an annual permit fee of $125 for residents equalled — approximately $.50 per day. He felt that non-residents would use the station closest to their homes or have family members drop them off at the San Juan Capistrano station to avoid paying for parking. He felt that this program would have a positive impact. Council Member Campbell felt it was important for the City to recover as much of its $100,000 annual subsidy of the 131 parking spaces at the Franciscan Plaza parking structure as possible to be fair to the City s taxpayers. Council Member Hart concurred and felt $2 per day was reasonable. Mayor Nash cited concern that $500 for non-residents, an amount based on the $2 daily parking fee, was too high. She stated her preference for an annual permit for non-residents in the range of $350 to $400 Discussion ensued and in response to Council Member Campbell, Mr. Scarborough noted that a permit fee of $300 per year for non-residents would require the City to pay an additional $18,000 per year for the 131 parking spaces, for an approximate subsidy of $63,000. The Council Members generally felt that an annual fee in the amount of $400 for non-residents was still reasonable. Council Member Jones urged that the City also address the problem of finding short-term (4 - to 5-hour)parking in the downtown area for visitors and residents, noting that people have trouble finding short-term parking on a daily basis. City Council Minutes 10- 6/6/95 Lj Adoption of Resolution Establishing_ Hours for Collection of Parking Meter Fees: It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the following Resolution be adopted setting the hours between 6:00 a. m. and 6:00 p.m. Monday through Friday for meter collection: RESOLUTION NO, 95-6-6-3. HOURS FOR COLLECTION OF PARKING METER FEES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING THE HOURS FOR WHICH DEPOSITS ARE COLLECTED BY 1XINN110177f7114Q l The motion carried by the following vote: AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None Adoption of Resolution Establishing Parking Meter Fees: It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the following Resolution be adopted establishing fees for metered parking at $.25 per hour, with a $2 per day maximum, Monday through Friday: RESOLUTION NO. 95-6-6-4. ESTABLISHING PARKING METER FEES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA., ESTABLISHING THE RATES FOR METERING DEVICES IN THE FRANCISCAN PLAZA PARKING STRUCTURE The motion carried by the following vote: AYES: Council Members Campbell, Hart, Jones, Swerdtin, and Mayor Nash NOES: None ABSENT: None Adoption of Resolution Approving Annual Commuter Rail Parking Permit Fees: It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the following Resolution be adopted establishing fees for annual commuter permits for residents in the amount of $125, with the additional modification to provide annual permits for non- residents in the amount of $400: City Council Minutes -11- 6/6/95 215 216 RESOLUTION NO 95-6-6-5_ ANNUAL COMMUTER" PARKIN PERMIT FEES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PRESCRIBING FEES FOR ANNUAL COMMUTER RAIL PARKING PERMITS The motion carried by the following vote: AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None iii ► WITS5 RWE I 1311•311:1!515.0 NoTel 0,141u 3 e I in a 112r : 1 Written Communication: Report dated June 6, 1995, from the Deputy Director of the Community Redevelopment Agency, recommending that staff be directed to initiate a First -Time Homebuyers Program and Rental Securement/Subsidy Assistance Programs by soliciting Requests for Proposal to privatize the programs. The programs will be funded by Community Redevelopment Agency set-aside monies. The Report advised that the recommendation to privatize the programs had been made because the City did not have sufficient staff expertise and time to implement the programs. Council Member Campbell inquired whether any of the City's funds would be used for the proposed programs. Mr. Tomlinson advised that only set-aside funds would be used to finance the programs and that no General Funds would be used. Public Comments: (1) Dr. Ken Friess, representing_the Mary Erickson Foundation, requested that the item be continued to the next meeting, at the request of the Foundation's Board of Directors. He indicated that the Board had concerns regarding the content of the proposed Requests for Proposal (RFP's) and did not have time to formally submit their comments prior to the meeting. He also requested that representatives from the Foundation be allowed to make a presentation to the Council regarding what the Mary Erickson Foundation is, its efforts in other cities, and its desires in San Juan Capistrano. Council Member Hart felt that the Foundation could address its concems/suggestions during the RFP process. Dr. Friess indicated that the Foundation felt that certain areas needed to be more specific in the City's proposed RFP. Mayor Nash concurred with Council Member City Council Minutes -12- 6/6/95 217 Hart, citing her belief that the City should not receive one organization's input over another ' in this matter; Council Members Jones and Swerdlin concurred. Council Member Campbell noted that representatives from the Foundation have attended and provided input at every meeting when housing issues were discussed. Council Member Swerdlin felt that the programs developed by staff were excellent and that the Foundation should address their issues during the RFP process. Council Member Hart noted that City staff did not have expertise in this area and that perhaps the Foundation's input could be beneficial. Mr. Scarborough indicated that staff only became aware of the Foundation's concerns last week with regard to the proposed First -Time Homebuyer Program vs. another type of program. He recommended that the item be continued so that staff could address their suggestions more fiilly. He noted that if their comments were not addressed at this time and the City subsequently felt their comments should be included, the RFP process would have to be stopped for revisions. Council Member Jones indicated his strong support of first-time homebuyers programs, which he felt were very important and helpful to young families and which encouraged good neighbors through pride in ownership. He expressed concern with non -ownership rental programs because of the lack of control. Council Member Swerdlin felt that the Foundation should have provided their input in February when the HOPE Plan was adopted and urged that the staff recommendation be adopted. Mayor Nash concurred but indicated she would support a continuance, with regret, based on staffs reluctance to move forward with the . proposed programs without the input from the Foundation. She also strongly supported first- time homebuyer programs. Continuation of Item: It was moved by Council Member Campbell, seconded by Council Member Hart, that this item be continued to the meeting of June 20, 1995, to consider input from the Mary Erickson Foundation. The motion carried by a 4-1 roll call vote, with Council Member Swerdlin voting in opposition. •;•1►:► :ul \I. 1► Y Y .:' Y : •olumnestlimeoUT41 BEGIG)D Written Communication: Report dated June 6, 1995, from the City Clerk, advising that the Ordinance was introduced at the meeting of May 16, 1995, 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 Hart, seconded by Council Member Jones, that the following Ordinance be adopted: City Council Minutes -13- 6/6/95 218 AND FEES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING VARIOUS SECTIONS IN TITLE 4 (PUBLIC SAFETY), CHAPTER 4 (PARKING METERS) OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO ESTABLISH PARKING METER ZONES AND FEES The motion carried by the following vote: AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None 11 iiiiiiiiiiiiiiiiiiiii Council Member Campbell noted that she and the Engineering and Building Director — met with representatives of the Transportation Corridor Agency to discuss concerns regarding the soundwall at Ortega Highway and Interstate 5. She felt that the issues had been resolved. Council Member Jones noted the San Juan Basin Authority meeting held this date. He indicated that Ray Auerbach would be traveling to Sacramento to resolve the issue of the Pueblo Water Rights with the State Water Board. Council Member Swerdlin noted that he would attend the meeting on Saturday, June 10, 1995. • •" 1••' • • •ulul •1 1 Council Member Swerdlin noted his attendance at the recent meeting of the new OCTA Corridor Elected Officials Committee. He advised that information packets have been City Council Minutes 14- 6/6/95 219 provided to the Council and requested that Council Members provide their input to him on ' the ten different plans proposed. 2. BITSINESS TASK FORCE APPOINTMENTS (470.50) Council Member Hart advised that the Business Task Force forwarded a recommendation to appoint Sigismund Hau, of Cafe Mozart, and Ross Pollard, of McDonald's, to the Task Force. Finding for Consideration of Off -Agenda Item: It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously carried to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. Appointment of Two New Members to the Business Task Force: It was moved by Council Member Hart, seconded by Council Member Campbell, and unanimously carried that Sigismund Hau of Cafe Mozart and Ross Pollard of McDonald's be appointed to the Business Task Force, for a total of eleven members. Mayor Nash noted her appointment to the County Waste Management Commission and advised that meetings will be held the first Thursday of each month. 4. MEASURE R -'/2 -CENT SALES TAX (630.30) Council Member Swerdlin recommended that the Council consider adopting a Resolution opposing Measure R on the June 27 allot. Finding for Consideration of Off -Agenda Item (Failed): It was moved by Council Member Swerdlin, seconded by Council Member Jones, to find that this item was not available prior to publication of the Council agenda and consideration was necessary at this time. The motion failed by a 3-2 roll call vote, with Council Member Campbell and Mayor Nash voting in -opposition. Items not listed on the agenda may only be considered upon approval of 4/5th of the City Council. Council Member Jones noted the Chamber Mixer to be held at the Jones' Mini Farm on Thursday, June 8, from 6:00 to 8:00 p.m. I Council recessed to a Closed Session at 9:50 p.m. for: City Council Minutes -15- 6/6/95 220 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 three cases; 2. Liability Claims per Government Code Section 54956.95, M&M Jewelers, et al, claimant, against the City of San Juan Capistrano; 3. Liability Claims per Government Code Section 54956.95, San Juan Partners, claimant, against the City of San Juan Capistrano; and 4. Conference with Labor Negotiator per Government Code Section 54957.6, with George Scarborough, City Manager, in discussion with Classified and Management Employee Associations. The City Clerk was excused therefrom, and the meeting reconvened at 11:15 p.m. COUNCEL ACTION FOLLOWING CLOSED SESSION Mr. Denhalter advised there was no action to report on any of the items. i § 6800 1 Diel M There being no further business before the Council, the meeting was adjourned at 11:15 p.m. to Wednesday, June 14, 1995, at 7:30 p.m. in the City Council Chamber, to conduct a work session on an in-line roller hockey proposal. Respectfully submitted, Lei If I MI Wd W Lei;i • ATTEST: CAROLYN N SH, MAYOR City Council Minutes -16- 6/6/95