95-1205_CC_Minutes_Regular Meeting465
DECEMBER 5, 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 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Council Member David Swerdlin.
ROLL CALL: PRESENT: Carolyn Nash, Mayor
Wyatt Hart, Mayor pro tem
Collene Campbell, Council Member (arrived at 7:40 p.m.)
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.
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Council Member Campbell introduced the following Commission representatives in
attendance: Bill Sonka, Planning Commission; Mary Rose Winkler and Elgin Flagg, Mobile
Home Park Review Committee; Ed Johnson, Transportation Commission and Mobile Home
Park Review Committee; Pauline Leonard, Parks, Recreation, and Equestrian Commission;
Don Tryon, Cultural Heritage Commission; Bill Hardy, Los Rios Review Committee; Al
Simmons, San Juan Seniors; Tom Facon, Executive Director of the Chamber of Commerce;
and, former Mayor Doug Nash.
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ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY)
Major Louis DeGuevara, U.S. Army Ret. and a Pearl Harbor survivor, requested that the
American flag be. flown at half mast on December 7 in recognition of Pearl Harbor Day. It
was moved by ouncil Member Swerdlin, seconded by Council Member Jones and
unanimously carried that the flag be flown at half mast on December 7.
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David Whittington, 31734 Rancho Viejo Road, speaking on behalf of the Ortega Business
Center, expressed appreciation to the City for their support of the Shop and Dine program
event held on December 2 at the Ortega Business Center. He felt that this support from the
City brought together a sense of community, particularly for businesses located east of the
freeway.
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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 Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: Council Member Campbell
a. Reeular Meeting of November 7. 1995
The Minutes of the Regular Meeting of November 7, 1995, were approved as
submitted.
The Minutes of the Special Meeting of November 17, 1995, were approved as
submitted.
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2. RECEIVE AND FILE WARRANTS OF NOVEMBER 22. 1995 (300.30)
' The List of Demands dated November 22, 1995, in the total amount of $760,198.01 was
received and filed.
ROME
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The City Treasurer's Report of Cash Fund Balances for the month of October 1995 in the
total amount of $78,092.80 was received and filed.
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Written Communications:
(1) Report dated December 5, 1995, from the Engineering and Building Director,
recommending that the street monumentation and the work of private street
improvements within Tracts 12633 and 13027 be accepted and the corresponding
bonds released.
(2) Memorandum dated December 4, 1995, from the Engineering and Building Director,
recommending that this item be withdrawn and rescheduled for a future meeting due
to concerns raised by the Homeowners Association Board of Directors.
The item was withdrawn from consideration at this time.
PUBLIC HEARINGS
NOVEMBER 21. 19951
Proposal:
Consideration of a Conditional Use Permit for a "solid waste landfill" and landfill -related uses
within the Solid Waste Facility zone district for the Prima Deshecha Cafiada Landfill. The
landfill consists of a 1,520 -acre site, 560 acres of which are located within City limits. This
item was continued from the meeting of November 21, 1995, to allow additional time for the
City and the County to review the various proposed conditions of approval.
Applicant:
County of Orange/Environmental Management Agency
George Britton, Chief of Project Planning/Thomas Mathews, Planning Director
P.O. Box 4048
Santa Ana, CA 92702-4048
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Written Communications:
(1) Report dated December 5, 1995, from the Planning Director, recommending that the
proposed Conditional Use Permit be approved, subject to numerous conditions.
Several of the recommended conditions addressed potential impacts to transportation
and circulation as a result of increased tonnage to the landfill.
(2) Memorandum dated December 1, 1995, from the Planning Director, forwarding a
revised Resolution clarifying the issue of permitted tonnage.
(3) Memorandum dated December 4, 1995, forwarding the final revisions to the draft
Resolution as a result of staffs discussions with the County.
William Ramsey, Senior Planner/Project Manager, gave an oral presentation. He reviewed
the latest revisions to conditions resulting from the City's discussions with the County,
diminish the City's ability to manage impacts of this project. He noted that the condition
relating to permitted tonnage had been revised to exclude imported fill and would include all
solid waste in the total permitted tonnage. The condition regarding review of the conditions
of approval by the City had been amended to provide that the City would do a re -review
during the one year prior to the periodic State review of the Solid Waste Facility Permit. The
condition regarding preparation of a traffic operations analysis for major and minor
intersections along Ortega Highway had been amended to require that the analysis be
prepared every three years to coincide with a similar requirement for the Antonio Parkway
project.
Council's Ouestions to Staff:
Council Member Jones questioned whether the language in the condition regarding the
development of certain noise -generating uses for the site, would eliminate the City's options
to consider these types of uses in the future. He felt that there might be community support
for those uses, which included skeet or trap or target shooting ranges, motorized vehicle
tracks and radio -controlled aircraft. Mr. Ramsey explained that the condition would preclude
the County from proposing those uses; however, if the City wished to pursue them in the
future, a particular use could be proposed during the City's periodic review of the General
Development Plan. Mr. Tomlinson added that staff wanted to ensure there was no implied
approval of these types of uses with the Conditional Use Permit. He stated this issue could
be addressed by the Council during the 1996 General Development Plan submittal.
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.
Council Discussion:
Council Member Swerdlin noted that he is a trap and skeet shooter and felt it was premature
and inappropriate at this time to exclude this type of use without further study concerning its
location and impacts within the landfill site. He recommended that the language in the —
condition be modified to allow future consideration of certain uses under the Conditional Use
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Permit process. Mr. Tomlinson noted that the uses were permitted on County -owned
' property outside of the City's limits.
Council Member Jones requested that there be provisions to review the uses for their
appropriateness in certain location, noting there would be no endorsement. Council Member
Hart concurred, suggesting that language be included requiring City approval for any use
within the City limits.
Adoption of Resolution Aomrovine Conditional Use Permit 95-04 for the Prima
Deshecha Canada Landfill:
It was moved by Council Member Hart, seconded by Council Member Jones, that the
following Resolution be adopted, subject to the following modification recommended by the
Planning Director:
Condition 9d of the resolution in the December 4, 1995, memorandum
(subsequently correctly numbered "8d") was revised to read as follows: "If
the County of Orange wants to consider development of the following types
of uses or other noise -generating uses within the City of San Juan Capistrano,
a separate amendment shall be subject to City review and approval:..."
OF ORANGE) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 95-04 FOR A LANDFILL USE AND
LANDFILL RELATED USES WITHIN THE SOLID WASTE FACILITY
Z014E DISTRICT FOR PORTIONS OF A 560 -ACRE PARCEL LOCATED
AT THE SOUTHERN TERMINUS OF LA PATA AVENUE (PRIMA
DESHECHA CANADA LANDFILL/COUNTY OF ORANGE)
The motion carried by the following vote:
AYES: Council Members Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: Council Member Campbell
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Council recessed at 7:25 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened at 7:30 p.m. as the City Council.
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1UI la 611,414FUMMUR
CITY MANAGER
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Written Communication:
Report dated December 5, 1995, from Douglas Dumhart, Management Analyst II,
recommending that the request from the City of Dana Point be approved to relocate two
existing freeway directional signs within San Juan Capistrano City limits.
Council Member Jones suggested that the City consider Dana Point's suggestion to de -annex
the pie -shaped freeway slope just above the Doheny Park Road and Camino Capistrano
intersection in exchange for Dana Point installing signs in the Doheny Park area indicating
direction and mileage to San Juan Capistrano and/or the Mission San Juan Capistrano.
Adoption of Resolution Approving Relocation of Two I-5 Directional Signs for City
of Dana Point:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
RESOLUTION NO, 95-12-5-2. APPROVING THE CITY OF DANA
POINT'S REOUEST FOR RELOCATION OF TWO EXISTING
FREEWAY DIRECTIONAL SIGNS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE CITY OF DANA POINT'S REQUEST FOR
RELOCATION OF TWO EXISTING FREEWAY DIRECTIONAL SIGNS.
The motion carried by the following vote:
AYES: Council Members Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: Council Member Campbell
Mayor Nash indicated Council concurred with Council Member Jones' suggestion and staff
should begin considering some sort of reciprocal agreement with Dana Point regarding the
signs and property in the Doheny Park Road area.
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2. RESOLUTION OPPOSING THE STATE INITIATIVE BALLOT MEASURE
' "THE MOBILEHOME FAIRNESS AND RENTAL ASSISTANCE ACT" (660.40)
Written Communication:
Report dated December 5, 1995, from Julia Kimminau, Management Analyst II,
recommending that the State Initiative Measure, "The Mobilehome Fairness and Rental
Assistance Act,".for the March 26, 1996, election ballot be opposed. The measure would
preempt all local ordinances regulating rents on any mobilehome park space and would
detrimentally impact the ability of local jurisdictions to regulate local rent stabilization issues.
Adqlation of Resolution Opposing the "Mobilehome Fairness and Rental Assistance Act":
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution be adopted:
ACT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, OPPOSING THE STATE
INITIATIVE BALLOT MEASURE TITLED THE MOBILEHOME
FAIRNESS AND RENTAL ASSISTANCE ACT
The motion carried by the following vote:
' AYES: Council Members Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: Council Member Campbell
Al Simmons, speaking on behalf of the San Juan Seniors Club, expressed appreciation for the
City's opposition to this measure.
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Written Communication:
Report dated December 5, 1995, from Jennifer Murray, Assistant to the City Manager, setting
forth the Overnight Parking Permit program revenues, enforcement, and costs; and,
identifying three options for continuing the program. Those options included contract
administration, staff administration, or Homeowner Association administration. The Report
recommended consideration of fees in the amount of $10 for basic permits and $25 for
replacement or lost or stolen permits; and, that a neighborhood meeting be scheduled to
receive feedback. The Report also recommended that the program be administered by a
private firm or a non-profit organization and that bids be solicited.
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Jennifer Murray, Assistant to the City Manager, made an oral presentation. She advised that _
the three Homeowners Associations had been notified of this item in writing and that the
proposal had been discussed in person with representatives of those Associations at a recent
Neighborhood Preservation meeting. She stated that the City received no formal
recommendations from the Associations.
Authorization to Continue Overnight Parking Permit Program at the Capistrano Villas:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that:
(t) The transfer of funds in the amount of $7,706 be authorized from the General Fund
Reserve to provide for month-to-month costs for parking program administration
through January 31, 1996.
(2) Staff be directed to solicit bids for administration of the Capistrano Villas Parking
Program.
(3) Staff be directed to schedule a neighborhood meeting to receive feedback on a
proposed parking permit fee of $10 for a basic permit and $25 for an additional permit
received through the appeal process.
Council Member Campbell arrived at 7:40 p.m.
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Written Communication:
Report dated December 5, 1995, from the City Manager, forwarding the Memorandum of
Understanding with the Management Employees for fiscal year 1995-96. The contract
provides for no salary increases, addition of language to comply with the California Family
Rights Act and the Federal Family and Medical Leave Act, and modifications to the City's
Employee Tuition Reimbursement Program to establish a city-wide cap of $3,500 on the
program.
Approval of Memorandum of Understanding:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, and
unanimously carried that the Memorandum of Understanding between the City and the San
Juan Capistrano Management Employees Association be approved for fiscal year 1995-96.
Adoption of Resolution Amending the City's Personnel Rules and Regulations:
It was moved by Council Member Jones, seconded by Council Member Swerdlin, that the
following Resolution be adopted:
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RESOLUTION NO. 95-12-5-4. AMENDING THE PERSONNEL RULES
' AND REGULATIONS PERTAINING TO IMPLEMENTATION OF
TERMS AND CONDITIONS OF EMPLOYMENT (FISCAL YEAR 1995-
96/MANAGEMENT EMPLOYEES) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING RESOLUTION NO. 92-3-17-2 PROVIDING FOR
REVISIONS TO THE PERSONNEL RULES AND REGULATIONS
PERTAINING TO IMPLEMENTATION OF TERMS AND CONDITIONS
OF EMPLOYMENT PER THE MEMORANDUM OF UNDERSTANDING
(FISCAL YEAR 1995-96/SAN JUAN CAPISTRANO MANAGEMENT
EMPLOYEES ASSOCIATION).
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
5. CONSIDERATION OF UNILATERAL IMPLEMENTATION OF TERMS AND
CONDITIONS OF EMPLOYMENT FOR CLASSIFIED EMPLOYEES AND
' AMENDMENT TO PERSONNEL RULES AND REGULATIONS (730.30/700.40)
Written Communication:
Report dated December 5, 1995, from the City Manager, advising that the City and the
Association have not reached agreement about salary issues or modifications to the
Educational Incentive Program and were at impasse.
It was a consensus of the Council that this item be continued to the meeting of January 2,
1996, as requested by staff.
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Lf 91MOIFINAWITA21
Written Communication:
Report dated December 5, 1995, from the Engineering and Building Director, recommending
that an urgency be declared due to health and safety reasons and that staff be authorized to
proceed immediately with the repairs to San Juan Creek.
' Mr. Huber made an oral presentation. He noted on November 7, 1995, the City Council had
approved installation of the Palisades system on San Juan Creek, subject to approval for
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reimbursement of costs by FEMA. He advised that the City had not yet received a response _
from FEMA; however, the City needed to move forward to install the system prior to the
rainy season as an emergency measure with funds from the City's Sewer Capital Reserve fund.
He stated that the Phase 2 improvements scheduled for the spring would result in a deficit for
the Sewer Reserve fund.
Council Member Campbell questioned whether the City had choice in this matter. Mr. Huber
advised that the improvements were needed prior to the start of the rains to protect the sewer
line in the creek and to provide some protection to Chateau San Juan..
Waiver of Formal Bid Process and Authorization to Proceed with Contracts for Work:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, and
unanimously carried that the formal bid process be waived to install the Palisades System on
San Juan Creek, based on the finding that the work must be completed prior to the winter
rains to protect the health and safety of citizens and community facilities. The City Manager
was authorized to enter into the necessary contracts.
Written Communications:
(1) Report dated December 5, 1995, from the Engineering and Building Director,
recommending that the easement for access from San Juan Creek Road to Lot A,
Tract 9786 be rescinded due to noncompliance of condition requiring installation of
a hammer -head driveway.
(2) Memorandum dated December 5, 1995, from the Engineering and Building Director,
suggesting an alternative recommendation to require the construction of a temporary
driveway, consisting of decomposed granite or gravel, within ten working days from
December 6, 1995.
The Director of Engineering and Building made an oral report, stating that staff felt it was
important to complete the driveway before commencement of the rainy season. He stated
that Ms. Kennedy was currently processing a garage and building addition through the City's
commissions and did not wish to install a driveway before all approvals had been obtained.
Public Comments:
(1) Marguerite Kennedy, 28012 San Juan Creek Road, requested that she be allowed to
lay a gravel surface until grading is approved for the entire site. She felt that the
entire project could be completed within twelve weeks once plans were approved.
She also requested that the fencing be approved administratively to expedite the
processing because it was urgently needed.
(2) Bill Hardy, 26523 Calle Lorenzo, spoke as a private citizen and not as a member of
the Los Rios Review Committee. He felt that the neighbors were apprehensive about
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preservation of the greenbelt and building on Log A. He stated Ms. Kennedy would
' do an excellent job and noted how her work had enhanced the Los Rios Historic
District. With regard to Lot A, he noted it was the largest lot in the subdivision and
that the buildout, if done according to plans, would cover only 10% of the site.
Council Member Jones felt it was premature to install a driveway until the grading was
completed and the elevation of the garage was set. He recommended that approval be
granted for a gravel driveway to prevent mud from rains from entering the street and fencing
to protect the property and that she be allowed time to get her plans approved. He suggested
that Ms. Kennedy be given six months to completely finish the project.
Council discussed ways to assure completion of the project. Mr. Denhalter advised that the
access easement could be revoked if the project was not completed. Council Member Jones
felt it was overkill to revoke the easement and felt Ms. Kennedy could be trusted to finish the
work within six months. He noted that time restrictions are not placed on persons who obtain
permits to build houses. This was a unique situation because of pressures from the
neighborhood; however, she needed reasonable amount of time to complete the project.
Council Member Hart concurred.
Direction to Ms. Kennedy Re: Completion of Work:
It was moved by Council Member Jones, seconded by Council Member Hart, that:
(1) The applicant be directed to install a gravel driveway within one week. The driveway
shall meet the building standards for quantity and character.
(2) The proposed fencing be approved as submitted and installed immediately. The
fencing must comply with the zoning requirements.
(3) The applicant be given six months from the time permits are issued to complete the
entire project.
(4) Staff be directed to submit a status report to the Council at the end of the six-month
period.
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ATHLETICI 1 (600,50)
Written Communication:
Report dated December 5, 1995, from the Community Services Director, recommending that
' the existing agreement between the City and the School District for joint maintenance and use
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of the Marco Forster athletic facilities be extended for a period of up to 120 days to allow for
finalization of a new agreement.
Approval of Extension of Joint Maintenance/Use Agreement Between City and
School District:
It was moved by Council Member Jones, seconded by Council Member Hart, and
unanimously carried that the existing agreement between the City and the School District for
joint maintenance and use of the Marco Forster athletic facilities be extended for a period of
up to 120 days to allow for finalization of a new agreement.
ORDINANCES
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Written Communication:
Report dated December 5, 1995, from the City Clerk, advising that the Ordinance was
introduced at the meeting of November 21, 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 Jones, seconded
by Council Member Hart, that the following Ordinance be adopted:
AMENDING APPENDIX "A" DEFINITIONS - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE
9, CHAPTER 3 OF THE MUNICIPAL CODE TO ESTABLISH A SOLID
WASTE FACILITY BASE ZONE DISTRICT, DESIGNATE PRIMA
DESHECHA LANDFILL AS A SOLID WASTE FACILITY SITE, AND
AMENDING APPENDIX "A" DEFINITIONS TO ESTABLISH A
DEFINITION FOR SOLID WASTE FACILITIES.
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
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COMMUNITY REDEVELOPMENT AGENCY REORGANIZATI
I . SELECTION OF MAYOR AND MAYOR PRO TEM -PORE 6101
Mayor Nash expressed appreciation to the City Council and staff for their support and
cooperation during her one-year term as Mayor. She highlighted the Council's
accomplishments over the past year:
Council Member Campbell expressed appreciation to Mayor Nash for all of her efforts, hard
work, and dedication to the community. Council Member Jones spoke regarding Mayor
Nash's concern with maintaining the City's ambience, her solid sense of values for the
community, and her professionalism. Council Member Swerdlin expressed appreciation to
Mayor Nash for her leadership, flexibility, and style in conducting the Council meetings.
Election of Mayor:
The City Clerk opened nominations for the Office of Mayor. Council Member Campbell
nominated Council Member Hart for the Office of Mayor; Council Member Jones seconded
the nomination. There being no further nominations, nominations were closed. It was moved
by Council Member Campbell, seconded by Council Member Jones, and unanimously carried
that Wyatt Hart be elected as Mayor for a one-year term ending December 3, 1996.
' Election of Mayor Pro Tempore:
Mayor Hart opened nominations for the Office of Mayor Pro Tem. Council Member
Campbell nominated Council Member Swerdlin for the Office of Mayor Pro Tem, Council
Member Jones seconded the nomination. There being no further nominations, nominations
were closed. It was moved by Council Member Campbell, seconded by Council Member
Jones, and unanimously carried that David Swerdlin be elected as Mayor Pro Tem for a one-
year term ending December 3, 1996.
Mayor Hart presented outgoing Mayor Carolyn Nash with a City plaque and gavel and
presented her husband, Doug Nash, with a gift certificate to Sarducci's restaurant.
2. LkESOLUTI•� rte( • ' • :�,u 1►►� r��i�l. •)IIID
FUNDS1 1
Written Communication:
Report dated December 5, 1995, from the City Clerk, forwarding the Resolution authorizing
the signatures of the newly elected Mayor or Mayor Pro Tem and the City Treasurer/Director
of Administrative Services or Deputy City Treasurer.
Authorization of Signatures:
It was moved by Council Member Jones, seconded by Council Member Campbell, that the
' following Resolution be adopted:
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RESOLUTION NO. 95-12-5-5. DEPOSIT AND INVESTMENT OF CITY
FUNDS AND AUTHORIZING SIGNATURES - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DELEGATING TO THE CITY TREASURER
AUTHORITY TO DEPOSIT CITY FUNDS AND TO INVEST OR
REINVEST CITY FUNDS, AUTHORIZING SIGNATURES AND
REPEALING RESOLUTION NO. 94-12-6-8.
The motion carried by the following vote:
AYES: Council Members Campbell, Jones, Nash, Swerdlin, and Mayor Hart
NOES: None
ABSENT: None
Election of Chairman:
The Agency Secretary opened nominations for Chairman of the Community Redevelopment
Agency. Director Nash nominated Director Swerdlin for Chairman; Director Campbell
seconded the nomination. There being no further nominations, nominations were closed. It
was moved by Director Nash, seconded by Director Campbell, and unanimously carried that
David Swerdlin be elected as Chairman for a one-year term ending December 3, 1996.
Election of Mayor Pro Tempore:
Chairman Swerdlin opened nominations for Vice Chairman. Director Campbell nominated
Director Nash for Vice Chairman; Chairman Jones seconded the nomination. There being no
fiuther nominations, nominations were closed. It was moved by Director Campbell, seconded
by Director Jones, and unanimously carried that Carolyn Nash be elected as Vice Chairman
for a one-year term ending December 3, 1996.
4. RESOLUTION AUTHORIZINGDEPOSIT AND INVESTMENT OF
FUNDS1 1
Written Communication:
Report dated December 5, 1995, from the Agency Secretary, forwarding the Resolution
which authorizes the signatures of the newly elected Chairman, Vice Chairman, Executive
Director, Agency Secretary, and Agency Finance Officer on the Agency accounts.
Authorization of Sgnaturec:
It was moved by Director Campbell, seconded by Director Jones, that the following
Resolution be adopted:
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RESOLUTION NO. CRA 95-12-5-1. DEPOSIT AND INVESTMENT OF
' AGENCY FUNDS AND AUTHORIZING SIGNATURES - A
RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, DELEGATING TO THE AGENCY
FINANCE OFFICER AUTHORITY TO DEPOSIT AGENCY FUNDS AND
TO INVEST AND REINVEST AGENCY FUNDS, AUTHORIZING
SIGNATURES, AND REPEALING RESOLUTION NO. CRA 94-12-6-1
The motion carried by the following vote:
AYES: Directors Campbell, Hart, Jones, Nash, and Chairman Swerdlin
NOES: None
ABSENT: None
I �/��►[.Y.�►�1•I.1�l17:�.yI�/IfII11��• C • ' :: ► •
FACILITIES (600.50)
Written Communication:
Report dated December 5, 1995, from Council Member Jones, recommending that the
proposed Agreement with the San Juan Basin Authority, the Capistrano Valley Water
District, and the City be approved to protect the District's and the City's water rights and
groundwater production facilities from potential impacts of the proposed SJBA Desalination
Plant. The Agreement would ensure that the proposed pumping from SJBA wells will not
impact the District's production of 2,900 acre feet or the City's production of 425 acre feet
from the groundwater basin.
Annroval of Aereement Re: Water Riehts and Groundwater Product Facilities:
It was moved by Council Member Nash, seconded by Council Member Swerdlin, and
unanimously carried that the Agreement with the San Juan Basin Authority, the Capistrano
Valley Water District, and the City be approved to protect the District's and the City's water
rights and groundwater production facilities from potential impacts of the proposed SJBA
Desalination Plant. The Mayor was authorized to execute the Agreement on behalf of the
City.
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Written Communication:
Report dated December 5, 1995, from Mayor Nash, recommending that an advisory
committee be created to make recommendations to the City Council and work with staff on
solutions to retain and restore the quality of He in certain neighborhoods and to create a pride
in home ownerships within the community.
Council Member Nash made an oral presentation.
Approval to Create Community Enhancement Committee:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
unanimously carried that:
(1) Council Members Nash and Jones be appointed as Council representatives to the
Committee.
(2) Staff be directed to solicit applications through January 31, 1996, from qualified
individuals with expertise in housing, banking, real estate, and sociology to serve on
a Community Enhancement Committee.
(3) Staff be directed to prepare a detailed report regarding the goals and responsibilities
of the Committee, for Council consideration on February 6, 1996.
None.
COUNCIL COMMENTS
FUNERAL SERVICES
Council Member Campbell expressed appreciation to those staff and the City Council
Members who attended her mother's funeral services this date.
Council Member Jones expressed appreciation to those who attended the Christmas Tree
Lighting ceremony on December 1. Mayor Hart noted it was the largest turnout to date.
• cl
The Council Members expressed their best wishes for the holiday season.
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12/5/95
481
CLOSED SESSION (610.85)
' Council recessed to a Closed Session at 8:35 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, 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 three cases; and
3. Conference with Labor Negotiator per Government Code Section 54957.6, with George
Scarborough, City Manager, in discussion with the Classified Employees Association.
The City Clerk was excused therefrom, and the meeting reconvened at 9:10 p.m.
Mr. Denhalter advised that with regard to item #2, the Council unanimously authorized the pursuit
of the collection of delinquent transient occupancy taxes against the Mission Inn through all available
means. There was no action to report on the remaining two items.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:10 p.m. to the
next regular meeting date of Tuesday, December 19, 1995, at 7:00 p.m. in the City Council Chamber.
(Meeting will be canceled. The next regular meeting will be Tuesday, January 2, 1996, at 7:00 p.m.).
Respectfully submitted,
LOU I q Wo WONIn •
ATTEST:
City Council Minutes -17- 12/5/95