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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. C • 1 • • • I�1 - • �I \ I_ p 1 1 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. City Council Minutes -1- 12/5/95 466 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. �Ial 1 1 "• : I 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. I►_) 3491 ILOF.111 ' 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. City Council Minutes -2- 12/5/95 467 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 ' • 1 • •' • •:_' •• 1 1 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. .11 . • • • 1► •. , • I I . • L aI \ • I' • . • 1 �� 1 • .11 1 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 City Council Minutes -3- 12/5/95 468 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 City Council Minutes -4- 12/5/95 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 MM"IM"01311L 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. City Council Minutes -5- 12/5/95 470 1UI la 611,414FUMMUR CITY MANAGER • D _ ' • • • • I • • • L ' • • 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. City Council Minutes 12/5/95 471 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. • D • • •' • •: �I1@111MIJIM11111 •\ •IIf 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. City Council Minutes -7- 12/5/95 472 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. • • •i��• �I_ • 7 �1. 1u • • :_W4,1041O 1 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: City Council Minutes -9- 12/5195 473 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. 1► 1► \ 1 1 11 1 03C 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 City Council Minutes -9- 12/5195 474 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 City Council Minutes 10- 12/5/95 475 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. • Jl _ / 1 ��_ • ' • I• :: • • � Y(•1�•1a�Ii I►11u/:�I_►1t11�►�G�L•�li 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 City Council Minutes -11- 12/5/95 476 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 1 •UV1. • • •no 611MLIN1136611OW414)• [Ra WAX411 • \L • ••' • • • 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 City Council Minutes 12- 12/5/95 477 1�•1�r•�•T111l�[•I 1 •[�� 1 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: City Council Minutes -13- 12/5/95 Im 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: City Council Minutes 14- 12/5/95 479 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. City Council Minutes -15- 12/5/95 lm •► • . •• •�I� ►Ir; uI • I 1 sm • 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. City Council Minutes 16- 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