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95-1107_CC_Minutes_Regular Meeting425 NOVEMBER 7, 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 7:02 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: Carolyn Nash, Mayor Collene Campbell, Council Member Wyatt Hart, Council Member Gil Jones, Council Member David Swerdlin, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney; 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 Hart, and unanimously carried that all Ordinances be read by title only. Council Member Campbell introduced the following Commission representatives in attendance: Bill Sonka (Planning Commission), Ed Johnson (Transportation Commission/Mobile Home Park Review Committee), Pauline Leonard (Parks, Recreation, and Equestrian Commission), David Belardes and Don Tryon (Cultural Heritage Commission), Bill Hardy (Los Rios Review Committee), AI Simmons (Seniors Club), and Tom Facon (Chamber of Commerce). ul' • � 1► ••� •► 11 1 Mayor Nash introduced Peggy Nunes, the new Program Coordinator for the Associated ' Seniors Action Program (ASAP). City Council Minutes -1- 1In195 426 ORAL COMMUNICATIONS � I 1 / 11 11/ 1' ► I UI • I1 / • • : 1 / Lynn Dague, 31262 Calle San Juan, and Jerry Nieblas, 31574 Los Rios Street, expressed appreciation to Lt. Sullivan, Sgt. Garcia, and the Deputies involved with the Halloween night festivities at the Capistrano Villas. Lt. Sullivan thanked the community and parents for their involvement. 2. MULTICULTURAL ARTS SERIES (150.60) Sundarajan Mutialu, P.O. Box 7089, Capistrano Beach, Program Director of the San Juan Capistrano Multicultural Arts Series, expressed appreciation to the City, particularly Al King and his staff, and the business community for their support of the program. He noted that jazz musician Greg Carucas would perform at the tree lighting festivities on December 2. Lai IM Val UV 1 13 4 "1 W03 WOV I Tom Facon, Executive Director of the Chamber of Commerce, 31931 Camino Capistrano, Suite D, noted that the Chamber was encouraging the City's business people to wear western clothes on Fridays. He offered the Chamber's assistance in developing a motto for the City. He further noted the grand opening of the Mextapa restaurant on November 16, 1995. He encouraged the Council, City staff, and the public to attend the legislative reception on November 21 from 5:00 to 7:00 p.m., which will be attended by U.S. Congressman Ron Packard, State Assemblyman Bill Morrow, and County Supervisor Marian Bergeson. The reception will highlight the facilities at the San Juan Telecenter. CONSENT CALENDAR 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 a. Regular Meetingof Sptember 19. 1995 (continued from October 17. 19951 The Minutes of the Regular Meeting of September 19, 1995, were approved as submitted. City Council Minutes -2- 11/7/95 427 b. Regular Meeting of October 3. 1995 The Minutes of the Regular Meeting of October 3, 1995, were approved as submitted. RECEIVE AND FILE WARRANTS OF OCTOBER 1995 (300.30,) The List of Demands dated October 11, 1995, in the total amount of $536,017.02 and the List of Demands dated October 25, 1995, in the total amount of $1,180,219.61 were received and filed. BY FUND FOR SEPTEMBER 1995 (330.50 The City Treasurer's Report of Cash Fund Balances for the month of September 1995 in the total amount of $189,067.58 was received and filed. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS - CITY TREE TRIMMING (600.30) As set forth in the Report dated November 7, 1995, from the Director of Engineering and Building, the specifications were approved to secure a two-year contract for City tree trimming services on a per -tree and a per -hour basis. Staff was authorized to call for bids. 5. RATIFICATION OF OCTOBER 17. 1995. ACTION APPROVING APPEAL OF ' PLANNING COMMISSION'S DENIAL OF SIGN EXCEPTION (LINCOLN/MERCURY) (410.40) As set forth in the Report dated November 7, 1995, from the Planning Director, the following Resolution was adopted confirming the action of the City Council on October 17, 1995, approving a sign exception for a 20 -foot high monument sign at the San Juan Lincoln/Mercury dealership located at 32592 Valle Road: RESOLUTION NO, 95-11-7-1_ APPROVING APPEAL OF PLANNING COMMISSION ACTION REGARDING EXCEPTION TO SIGN REGULATIONS FOR MONUMENT SIGN. ARCHITECTURAL CONTROL 88-1 (LINCOLN MERCURY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AN APPEAL OF THE PLANNING COMMISSION'S ACTION OF AUGUST 29, 1995, DENYING AN EXCEPTION TO SECTION 9-3.603 OF THE MUNICIPAL CODE TO PERMIT A 20 -FOOT TALL MONUMENT SIGN WHEN ONLY 6 -FOOT TALL MONUMENT SIGNS ARE ALLOWED (LINCOLN MERCURY) • ._l/_Cull • • ' r. _ : u • _ [ Iii' e►C��i1EI1C�]`il ' As set forth in the Report dated November 7, 1995, from the Director of Public Lands and Facilities, the formal bid process was waived to expedite drainage ditch cleaning at Ascot City Council Minutes -3- 11/7/95 428 Lane (Hunt Club), Cook Park, Acu Park, La Ronda Parkway, Entradero/Steeplechase (Hunt Club), and Monarch Drive (Capistrano Royale). This waiver was based on the finding of a potential risk to health and safety if the drains were not cleaned prior to the winter rains. The City Manager was authorized to execute the contract with the lowest responsible bidder, Stewart and Associates, in the amount of $15,855. HRISTIAN ASSEMBLY) (670.50 As set forth in the Report dated November 7, 1995, from the Director of Engineering and Building, the following Resolution was adopted vacating the existing public access and utility easement, accepting revised street, emergency access and utility easements, and rescinding Resolution No. 95-6-20-3: RESOLUTION NO, 95-11-7-2. VACATING PUBLIC ACCESS AND UTILITY EASEMENT_ ACCEPTING REVISED STREET. EMERGENCY ACCESS AND UTILITY EASEMENTS. AND RESCINDING RESOLUTION NO. 95-6-20-2 (ARCHITECTURAL CONTROL 89-3. SOUTH COAST CHRISTIAN ASSEMBLY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, VACATING PUBLIC ACCESS AND UTILITY EASEMENTS WITHIN PORTIONS OF AVENIDA LOS CERRITOS AND ACCEPTING REVISED STREET, EMERGENCY ACCESS AND UTILITY EASEMENTS FOR AVENIDA LOS CERRITOS, AND RESCINDING RESOLUTION NO. 95-6-20-3 (ARCHITECTURAL CONTROL 89-3, SOUTH COAST CHRISTIAN ASSEMBLY) The Mayor was authorized to execute the Vacation Deed, and the City Clerk was directed to forward the Resolution, Vacation Deed, and the new Street, Emergency Access, and Utility Easements to the County Recorder. Proposal: Consideration of a request by Bobby Kinoshita Investment Enterprises, L.P., to exchange the three Original Promissory Notes issued in March 1991 for purchase of the Kinoshita Farm land, for one Replacement Note in the amount of $4,080,246.64 with the same terms and City Council Minutes -4- l lr7/95 EX41 conditions of the Original Notes. The Original Notes were issued to the Yasuo Kinoshita ' Family Trust, the Yasuo Kinoshita Children's Trust and Yasuo Kinoshita. The Replacement Note would be issued to Bobby Kinoshita Investment Enterprises, L.P., which was formed by the three noteholders. Bobby Kinoshita Investment Enterprises would be responsible for allocation of payments among the original noteholders. Applicants: Bobby Kinoshita Investment Enterprises, L.P. 2908 Carta Taza San Clemente, CA 92673 Written Communication: Report dated November 7, 1995, from the Administrative Services Director, recommending that the Replacement Note be issued in favor of Bobby Kinoshita Investment Enterprises, L.P. Ms. Pendleton made an oral presentation. 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 Issuance of Replacement Note: ' It was moved by Council Member Jones, seconded by Council Member Hart, that the following Resolution be adopted: RESOLUTION NO, 95-11-7-3. APPROVING REPLACEMENT PROMISSORY NOTE - BOBBY KINOSHITA INVESTMENT ENTERPRISES. L.P. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF A REPLACEMENT PROMISSORY NOTE IN FAVOR OF BOBBY KINOSHITA INVESTMENT ENTERPRISES, L.P., A CALIFORNIA LIMITED PARTNERSHIP The motion carried by the following vote: AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash NOES: None ABSENT: None The CRA Board Chairman was authorized to execute the Replacement Note. City Council Minutes -5- 11/7/95 430 • 1► I � s�\ 1 • ulul • ! • ' I . 1 �'• 1• � �.' •► 1 'll 1 Council Member Jones advised he would abstain on this item due to its proximity to his residence/business. Proposal: Consideration of the sale of the Capistrano Depot property to Manna Station, Inc. in an "as is" condition with no contingencies in the amount of $860,000, including a condition of sale for an interior and exterior facade easement to protect the historic buildings. The proposed Purchase Agreement requires the buyer to submit a downpayment of $450,000 upon the close of escrow, with the Agency to finance the remaining $410,000 at 9% interest for a three-year period. The property consists of 1.4 acres, a 12,000 -square -foot building and 99 parking spaces. Applicant: Manna Station, Inc. P. O. Box 97 Laguna Beach, California 92652 Written Communication: Report dated November 7, 1995, from Cassandra Walker, Community Development Administrator, recommending that the Council approve the sale of the Capistrano Depot to Manna Station, Inc., based on the terms set forth in the Purchase Agreement and Escrow Instructions executed on October 18, 1995. The report noted that the Agency had been involved in two previous transactions, neither of which had been successfully concluded. Cassandra Walker, Community Development Administrator, made an oral presentation. She recommended that since a written threat of litigation had been received, the Council should adjourn the Hearing to a Closed Session to discuss the threat of litigation and then reconvene to take action on the Purchase and Sale Agreement. Public Hearin: Notice having been given as required by law, Mayor Nash opened the Public Hearing, and the following person responded: (1) Carlos Negrete, 27422 Calle Arroyo, questioned the cost of the land in this transaction apart from the building. He felt that the City should not be selling the portion of the land comprised of 99 spaces. He inquired whether the offer to Manna Station included an estimate for cost of potential litigation. Mr. Scarborough advised that the Depot property is located on one parcel of land, including the 99 parking spaces, which has always been fisted in the City's negotiations with prospective City Council Minutes 11/7/95 431 buyers of the property. Mr. Denhalter stated that the cost of litigation has not been ' determined since a lawsuit has not yet been filed and that this matter could only be discussed in Closed Session, with action to follow. There being no further response, Mayor Nash closed the public testimony and adjourned deliberation on this item to a Closed Session following completion of the City Council agenda. Following Closed Session, the Council reconvened the public hearing and adopted the following Resolution approving the sale of the Capistrano Depot to Manna Station, Inc., based on the terms set forth in the Purchase Agreement and Escrow Instructions executed on October 18, 1995, but excluding the indemnity provisions requested by the Buyer. The Executive Director was authorized to conclude the sale. Adoption of Resolution Approving the Purchase Agreement and Escrow Instructions for the Capistrano Depot: It was moved by Council Member Swerdlin, seconded by Council Member Hart, that the following Resolution be adopted as amended to exclude indemnity provisions: ' CAPISTRANO DEPOT TO MANNA STATION. INC. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS FOR CERTAIN PROPERTY WITHIN THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA, KNOWN AS THE CAPISTRANO DEPOT, TO MANNA STATION, INC. The motion carried by the following vote: AYES: Council Members Campbell, Hart, Swerdlin, and Mayor Nash NOES: None ABSTAIN: Council Member Jones ABSENT: None The Resolution approved the sale of the Capistrano Depot to Manna Station, Inc., based on the terms set forth in the Purchase Agreement and Escrow Instructions executed on October 18, 1995, but excluding the indemnity provisions requested by the Buyer. The ' Community Redevelopment Agency Executive Director was authorized to conclude the sale. City Council Minutes -7- 11M95 432 a -ma • - Council recessed at 7:23 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:35 p.m. as the City Council. ADMINISTRATIVE ITEMS ADMINISTRATIVE SERVICES DIRECTOR •`IZ•bYtl�l[�li;[�J,�7�3N�Fy:1I1�,Ci • r � • .0 . • • .I Written Communications: (1) Report dated November 7, 1995, from the Administrative Services Director, responding to direction given by Council to staff on August 1, 1995, regarding disposition options for the unimproved parcels located at the northwest and northeast comers of La Novia and San Juan Creek Road. The Report outlined specific uses for the site under their designations of Open Space Preservation, Open Space Recreation, and Growth Management. Staff recommended that appraisals be obtained for the two parcels and that staff be directed to proceed with the sale of the parcels once the appraisals have been completed. The Report noted that proceeds from the sale of these parcels would be deposited in the Park and Recreation Fund for park system enhancements. (2) Letter dated November 7, 1995, from Tony Kato, President of San Juan Golf, Inc., 32120 San Juan Creek Road, requesting information on the City's plans for the parcels and noting the golf course's rights to water and wells on the property. Public Comments: (1) Al Simmons, 32302 Ahpaz Street, Space 135, felt that the City should not dispose of valuable open space land and questioned where the proceeds of the sale would go. (2) Pauline Leonard, 27589 Brookside Lane, requested that the City retain these parcels as originally intended through the City's previous negotiations with Glenfed. She stated these parcels were essential because they are an important part of the City's recreation corridor. She felt that approving the sale of these parcels would be betraying the citizens of the City who voted to retain open space. She noted this was the only flat, developable land left in the City, which is almost entirely built out. She encouraged staff to study interim uses for the site and consider leasing, not selling, the parcels. (3) Cecelia Mandala, 31832 Via Flores, representing homeowners in the Mesa Verde neighborhood, noted that homeowners had felt comfortable with the September 18th Parks, Recreation and Equestrian Commission recommendation. She expressed — concern regarding the current traffic situation and felt that traffic problems would increase in the future. She further expressed concern with safety for pedestrians and City Council Minutes -8- 11/7/95 433 bicyclists, many of whom are children traveling to and from Ambuehl and St. Margaret schools. She expressed strong concerns regarding the potential conditional uses permitted for the property, including dancing and live entertainment and sale of on-site liquor. She requested that the parcels be retained as open space to preserve the neighborhood. Council Comments: Council generally concurred with Ms. Leonard's comments. Council Member Swerdlin indicated he supported some, but not all, of the uses permitted for this site. He felt that the City should at least obtain an appraisal of the parcels to determine the value of the land and set a proper lease rate. Council Member Jones concurred, stating that the appraisal was also important to determine whether the City received the proper value for the land when it was accepted as open space in lieu of fees. He noted there were some restrictions on the property that would restrict uses; i.e., wells and access easements on the northwest site. He felt that consideration to sell the property was premature at this time. Authorization to Obtain Appraisals for the Parcels: It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously carried that staff be directed to obtain appraisals of the two unimproved parcels located at the northwest and northeast comers of La Novia Avenue and San Juan Creek Road. Staff was directed to specifically determine the value of the property as it is currently zoned, including the value of the wells and the encumbrances on the property. The Council emphasized that the appraisals were for information only and that there was no intent to sell propertythe 2. APPOUVIMENTS TO THE SAN JUAN CAPISTRANO COMMUNITY HOUSING CORPORATION BOARD OF DIRECTORS (430.4QI Written Communication: Report dated November 7, 1995, from the Administrative Services Director, recommending that Council Members Hart and Swerdlin be appointed to serve on the City's Community Housing Corporation Board of Directors. Appointment of Directors to the Community Housing Corporation: It was moved by Council Member Jones, seconded by Council Member Campbell, and unanimously carried that Council Members Hart and Swerdlin be appointed to serve as Directors on the City's Community Housing Corporation as successors to former Council Members Hausdorfer and Vasquez. PLANNING DIRECTOR ' _ • ' _ �1L • ' �' ,_. • • �. ' Written Communications: (1) Report dated November 7, 1995, from the Planning Director, recommending denial of the appeal by Steve and Teri Schreiner of the Planning Director's determination to City Council Minutes 9- 11!7!95 434 deny a Tree Removal Permit for 92 eucalyptus trees located on the north side of Calle Arroyo between Via Estenaga and Avenida Siega. The Report stated that the Planning Director based his determination on the lack of findings required for a Tree Removal Permit and his belief that residents' concerns could be addressed by the institution of a trimming and yearly maintenance program for the trees. (2) Memorandum dated November 6, 1995, from the Planning Director, forwarding request from the appellant to withdraw the item from consideration. This item was withdrawn from consideration. EAST OF I N '_ (550,50) • ►l1 •• OCTOBER•• Written Communications: (1) Report dated November 7, 1995, from the Engineering and Building Director, recommending that Alternative #3, a two-phase Palisades B system for the short- and long-term repairs of San Juan Creek east of the freeway, be approved at a cost of $536,000, pending approval for reimbursement of costs by FEMA. This alternative would allow the system to be installed before winter rains and provides for permanent repairs after the rainy season. This item was continued from the meeting of October 17, 1995, to allow for additional public notification. (2) Letter dated November 2, 1995, from Tony Kato, President of San Juan Golf, Inc., expressing concerns regarding the potential for additional damage on the golf course side of the creek. Mr. Huber made an oral presentation. He noted that the current ongoing cleanup operation within the creek would provide protection for all properties located along the creek. He indicated that no work would commence on the proposed project until the results of funding from FEMA were known. He noted that he has spoken with Steve Stanton of the Audubon Society, who had offered the Society's assistance on this project, particularly the long-term maintenance of the creek to provide bank protection. With regard to the concerns expressed by the golf course operators, he advised that the proposed system would have no impact to the golf course located downstream from the project. He felt that straightening the creek flow would address the concerns of potential damage to the golf course. Council Member Jones advised that the proposed Palisades system would re-establish a natural creek bank and wildlife habitat for much less cost than the Armorflex system. He noted that the Flood Plain Committee studied and recommended this alternative because of its aesthetic value. City Council Minutes -10- 11/7/95 435 Public Comments: (1) Brenda Holliman, 28031 Paseo Barranca, expressed concern with the construction work in the area of La Novia causing soil erosion and inquired how long the work would take to complete and what kind of restoration would take place. She questioned whether trucks working m the area had been properly permitted and stated concern for children's safety Mr. Scarborough explained that the emergency work currently under way was intended to protect certain areas that were damaged as a result of last season's storms. He emphasized the importance of the repair to protect the City's sewer system and to prevent potential undermining of the freeway as a result of erosion. He stated that staff met with the Corps of Engineers, and the Department of Fish and Wildlife regarding the emergency status of this project. He projected the City would be advised next week how to proceed with the work. In response to Council Member Jones, Mr. Huber advised that the debris stockpiled at La Novia and San Juan Creek Road would be chipped and used at park sites and equestrian trails throughout the City. (2) John Tappero, 26325 Marina Road, indicated he is an employee at Chateau San Juan. He stated that the portion of the creek adjacent to Chateau San Juan sustained considerable damage from last year's rains and still suffered substantial erosion. He requested that repairs be done to protect their side of the creek. ' Mr. Huber advised that the FEMA claims were limited to only the damage as it occurred and there were no funds for repair on the Chateau San Juan side. He felt that the cleaning up of the creek and removal of the sand bars would provide protection in the area of Chateau San Juan. (3) Laura Camp, 27991 Paseo Barranca, member of the South Coast Audubon Society and a local businessperson, advised that the Audubon Society will be conducting their third annual planting near this portion of the creek over the next weekend. She stated that the ongoing cleanup of the creek has resulted in the removal of native plant life and a disruption of the nature ecosystem of the area. She noted that the remaining non-native plants are very aggressive, making it difficult for native vegetation to return. She inquired whether there had been studies on potential erosion as a result of the clean-up work. She reiterated the Society's interest in working with the City. Mr. Huber advised that the City was working with the State and the Corp of Engineers in looking at a long-term management of the creek, and restoration issues would be identified. Anoroval of Alternative #3 for Restoration of San Juan Creek East of I-5 It was moved by Council Member Swerdlin, seconded by Council Member Hart, and unanimously carried that Alternative 43 (Palisades) be approved for the restoration of San Juan Creek east of the Interstate 5 freeway. Staff was directed to proceed with the project pending approval of reimbursement of costs by FEMA. City Council Minutes -11- I IM95 436 Written Communication: Report dated November 7, 1995, from the Engineering and Building Director, recommending that $10,000 be transferred to the Lacouague Building for a revised budget of $77,000 for the Lacouague building renovations. The Report recommended that the base bid, plus Additive Alternates 1 and 2, be awarded to the lowest responsible bidder, Sunny Hills Restoration, in the amount of $63,589. Council Member Jones urged that work on this project be completed as soon as possible, noting that the process has taken ten years. Approval of Budget Amendment and Award of Bid: It was moved by Council Member Jones, seconded by Council Member Hart, and unanimously carried that: (1) $10,000 be transferred from the Old Fire Station Building Renovation account (No. 16-65200-4451) to Capital Improvement Project #136, for a total revised budget of $77,000 for the Lacouague building renovations; and (2) The base bid, plus Additive Alternates 1 and 2, be awarded to the lowest responsible bidder, Sunny Hills Restoration, in the total amount of $63,589. All other bids were rejected. The Mayor and City Clerk were authorized to execute the documents on behalf of the City. Written Communication: Report dated November 7, 1995, from the Engineering and Building Director, requesting that two Council Members be appointed to direct the planning of the Grand Opening of The Sports Park. Appointment of Two Council Members: It was moved by Mayor Nash, seconded by Council Member Hart, and unanimously carried that Council Members Campbell and Jones be appointed to work with staff and provide direction for the Grand Opening festivities of the Sports Park. Us] 9VII NJ ELI TAVA&V 1161 UVIVI Written Communication: Report dated November 7, 1995, from the Engineering and Building Director, recommending denial of a request from the Hidden Mountain Homeowners Association for installation of a three-way stop sign with crosswalks at the intersection of San Juan Creek Road at Avenida City Council Minutes -12- 11/7/95 437 La Mancha. The Report addressed alternatives considered by staff, including all -way stop signs and "no U-turn" signs, which concluded that warrants could not be met for an all -way stop sign, the need for a crosswalk was limited, and the intersection was functioning adequately. The Mayor noted this item would be removed from the consideration at this time and continued to the meeting of November 21, 1995, to allow for additional public notification. • I• •\ 910 $1' • 1 K10010 9 :_ •1 1 •1 1 Written Communication: Report dated November 7, 1995, from the Engineering and Building Director, recommending denial of a request from several residents for the installation of a stop sign at San Juan Creek Road and Calle Cartagena adjacent to Ambuehl School. The Report indicated that staffs recommendation was based on the lack of warrants for an all -way stop sign at this location and the intersection functioning adequately. The Mayor noted this item would be removed from the consideration at this time and continued to the meeting of November 21, 1995, to allow for additional public notification. COUNCILMANIC ITEMS APPOINTMENT OE OVE__MEMBEK TO THE TUNSPDRTATICR COMMISSION :•\hIl H• (110,20) Written Communication: Report dated November 7, 1995, from Carole Jacklin, Council Services Administrator, noting that the vacancy had been advertised and five applications were received. Appointment of One Member to the Transportation Commission: It was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously carried that Bonnie Holt be appointed to the vacancy on the Transportation Commission. • • • a • uv 1 .3 qMUNIAStame),I Dili . 1 Written Communication: Report dated November 7, 1995, from the City Manager, discussing alternative meeting schedules for the month of December. It was moved by Council Member Jones, seconded by Council Member Campbell and unanimously carried that the Regular Meeting of December 19 be canceled. City Council Minutes -13- 11/7/95 438 OMMI OR A wei MaIMMIRI I•_ 1_ Council Member Campbell advised that both corridors would probably be open prior to their original estimated completion dates. Council Member Jones indicated that consideration of an agreement guaranteeing 2900 acre feet of water from the basin was delayed for another two weeks and was rescheduled to a special meeting for that purpose alone. Council Member Hart noted that the processing of administrative items was still ongoing, including purchasing procedures, recruiting, and logos. Mayor Nash noted that the November meeting was canceled and that the next one was scheduled for December. Council Member Swerdlin noted that the meeting of the subcommittee for investment policy discussed outstanding issues on the interim policy and negotiations with the County regarding a Termination Agreement. WORI PXGIQ91• •9 1 1� Council Member Campbell expressed concern about the reappearance of sand bags, the lack of landscaping, and wells of water that formed along Valle Road when wet. Mayor Nash requested that the clean up of this area be made a priority and completed as soon as possible, noting that it is one of the entrances to the City. Council Member Jones suggested that the Lincoln/Mercury dealership be requested not to park their cars on the dirt as the cars track dirt onto the road. Mr. Scarborough indicated he would provide a report to the Council. He noted that the landscaping of the area was currently in the design stage. PUBLIC NOTIFICATIONS (150.10) Council Member Hart requested that staff make a concerted effort to avoid public notifications problems in the future. City Council Minutes l4- 11/7/95 �11114jayc•"i,r;�r ' 1 • Council Member Hart suggested that staff consider an alternative way to address requests for stop signs, with staff reports to include recommendations from the Engineering Department and Police Services. The City Manager was directed to provide an update on the stop sign process and the options available. Mayor Nash congratulated the Seniors Club on the success of their barbecue fundraiser on October 21, 1995. She expressed appreciation to the Director of Community Services, Pauline Leonard, Alice OLeary, and others on their efforts to benefit the Community Center. CLOSED SESSION (610,851 Council recessed to a Closed Session at 8:55 p.m. for: 1. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9(a), for the case known as Hassett v. City of San Juan Capistrano; 2. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9(a), for the case known as Jose Vasquez v. City of San Juan Capistrano; 3. Conference with Legal Counsel, Existing Litigation, per Government Code Section 54956.9(a), for the case known as City of Lake Forest, etc. v. County of Orange, etc.; 4. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(b), for significant exposure to litigation in three cases, and Government Code Section 54956.9(c), the initiation of litigation in two cases; and 5. Conference with Labor Negotiator per Government Code Section 54957.6, with George Scarborough, City Manager, in discussion with the Classified Employees Association and the Management Employees Association. The City Clerk was excused therefrom, and the meeting reconvened at 10:20 p.m. Mr. Denhalter advised there was no action to report on any of the items. City Council Minutes -15- 11/7/95 439 440 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:21 p.m. to the next regular meeting date of Tuesday, November 21, 1995, at 7:00 p.m. in the City Council Chamber. ATTEST: CAROLYN t4ASH, MAYOR City Council Minutes Respectfully submitted, 16- i +.CAY CLERK 11/7/95