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89-1205_CC_Minutes_Regular MeetingDECEMBER 5, 1989 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JOAN CAPISTRANO, CALIFORNIA The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Hausdorfer at 7:00 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Mayor Hausdorfer. ROLL CALL: PRESENT: Gary L. Hausdorfer, Mayor Lawrence P. Buchheim, Mayor pro tem Anthony L. Bland, Councilman Kenneth E. Friess, Councilman ABSENT: Phillip R. Schwartze, Councilman STAFF PRESENT: Stephen B. Julian, City Manager; John R. Shaw, City Attorney; George Scarborough, Assistant City Manager; Kenneth Hammon, Interim Director of Administrative Services; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; Thomas L. Baker, Director of Community Services; Cheryl Johnson, Deputy City Clerk; Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of November 21, 1989: It was moved by Councilman Bland, seconded by Councilman Buchheim, that' the Minutes of the Regular Meeting of November 21, 1989, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, and Mayor Hausdorfer NOES: None ABSTAIN: Councilman Friess ABSENT: Councilman Schwartze -1- 12/5/89 MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Bland, that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze PRESENTATIONS AND COMMENDATIONS 1. PRESENTATION OF TROPHY FOR WORLD SERIES OF SOFTBALL AT GREENSBORO NORTH CAROLINA (SAN JUAN SENIORS SOFTBALL TEAM/ MCCONNELLI (610.40) AS the Capistrano Angels, a 12 -member San Juan Seniors Softball Team, recently won the 1989 World Series of Softball in Greensboro, North Carolina, the manager, Art McConnell, presented their trophy to the City and expressed appreciation for the community support. Also noted was the team's first -place trophy from the tournament in Reno, Nevada. Mayor Hausdorfer presented championship rings to each player and urged recruitment for the team. ORAL COMMUNICATIONS 1. NOISE CONTROL - SUBMISSION OF PETITIONS (450.70) Matthew Gilmore of Casas de Capistrano submitted petitions requesting that the City take action to control noise, particularly loud music emanating from homes and vehicles. Lt. Martini stated that the recent passing of Senate Bill 1130 will give law enforcement more power to address this issue, but he stressed the importance of having a complainant place a complaint call so that officers can respond. He stressed that the Sheriff's Department needs to learn when the noises are occurring as well as where. Mayor Hausdorfer requested that communication be maintained between Lt. Martini and Mr. Gilmore. 2. FREEWAY OFF -RAMP AT STONEHILL DRIVE (800.50) Joan Scarantino, 27441 Ortega Highway, inquired about an article regarding the need for an offramp at Stonehill off Interstate 5. Mr. Murphy explained that CALTRANS requires extensive documentation to confirm the location as a viable offramp. -2- 12/5/89 3. HISTORIC TOWN CENTER - EL CAMINO REAL SITE (910.40) Lynn Dague, 3123 Calle San Juan, inquired about the equipment at the E1 Camino Real archaeological site. Ron Sievers, Public Works Superintendent, stated the equipment was being used to remove burned sections of trees to preserve them pursuant to a recent fire at the location. Mr. Dague also stated that the gates on that property were no longer locked. Mayor Hausdorfer directed that Mr. Sievers investigate the problem. 4. PLANNING COMMISSION APPOINTMENT (ERICKSON) (110.20) Mark Clancey, 31892 Via de Linda, expressed concern regarding the recent appointment of Jim Erickson to the Planning Commission, noting that his law firm's representation on growth control matters may hamper his objectivity and fairness on the Commission. it was the consensus of Council that Mr. Erickson was an excellent choice, that he would remain objective and dedicated to the City, and that he be given the opportunity to prove his capabilities. 5. FRANCISCAN PLAZA PARKING STRUCTURE (AC 86-3) (410.60) Bill Hardy, 26523 Calle Lorenzo, on behalf of the Los Rios Review Committee and concerned citizens, suggested that the exposed exterior concrete portions of the parking structure adjacent to the new buildings at the Franciscan Plaza be painted to appear more complete. It was the general consensus of the Council that the matter be referred to a joint meeting of the Architectural Board of Review and the Los Rios Review Committee for aesthetic evaluation at the earliest possible date. 6. REQUEST FOR TRAFFIC SIGNAL (VILLAGE SAN JUAN) (590.50) Jennifer Baldridge, 26484 Orangewood Road, urged that a traffic signal be installed at the intersection of Rancho Viejo Road and Village Road. Ms. Baldridge also noted that oncoming headlights from the freeway create a traffic hazard when turning onto Rancho Viejo Road from Village Road. Mayor Hausdorfer directed that the signalization matter be referred to the Traffic and Transportation Commission and that Ms. Baldridge receive notice as to when the matter will be heard by the Commission. Mr. Sievers indicated that although a guard screen was placed along the freeway at that location, the elevation of the freeway still presents a problem with headlights. Mayor Hausdorfer suggested that CALTRANS be contacted regarding this safety -3- 12/5/89 CALTRANS be contacted regarding this safety concern and that Ms. Baldridge receive a response in writing. CONSENT CALENDAR It was moved by Councilman Buchheim, seconded by Councilman Friess, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated November 16, 1989, in the total amount of $866,637.84, was approved as submitted. 2. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60) The Report dated December 5, 1989, from the Director of Community Planning and Development, regarding actions taken at the meeting of November 15, 1989, was ordered received and filed. 3. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60) The Report dated December 5, 1989, from the Senior Management Assistant, regarding actions taken at the meeting of November 28, .1989, was ordered received and filed. 4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20) The Report dated December 5, 1989, from the Secretary of the Parks and Recreation Commission, regarding actions taken at the meeting of November 20, 1989, was ordered received and filed. 5. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated December 5, 1989, from the Director of Community Planning and Development, regarding actions taken at the meeting of November 28, 1989, was ordered received and filed. -4- 12/5/89 6. AFFIRMATION OF LOCAL APPOINTIVE LIST FOR COMMISSION, BOARDS, AND COMMITTEES (110.40) As set forth in the Report dated December 5, 1989, from the City Clerk, the lists of appointive terms which will expire during 1990 for Commissions, Boards, and Committees were affirmed. Staff was directed to post Vacancy Notices at the three official posting places in the City as well as the City Clerk's Department. 7. STREET MAINTENANCE OF ROSEDALE DRIVE. VIA RUEDA, PASEO ADELANTO - RESOLUTION. NOTICE OF COMPLETION AND FINAL REPORT (NOTTSON) (600.30) As set forth in the Report dated December 5, 1989, from the Director of Public Works, street maintenance for Rosedale Drive, Via Rueda, and Paseo Adelanto was completed. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 89-12-5-1, COMPLETION OF STREET MAINTENANCE OF ROSEDALE DRIVE, VIA RUEDA, AND PASEO ADELANTO RESOLUTION, NOTICE OF COMPLETION. AND FINAL REPORT (NOTTSON1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF STREET MAINTENANCE OF ROSEDALE DRIVE, VIA RUEDA, AND PASEO ADELANTO (NOTTSON) The Resolution accepted the work as complete in the amount of $46,015.38 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $4,601.54 thirty-five days after recording the Notice of Completion. 8. MARCO FORSTER RESTROOMS - RESOLUTION. NOTICE OF COMPLETION AND FINAL REPORT (600.30) As set forth in the Report dated December 5, 1989, from the Director of Public Works, the construction of the Marco Forster restrooms was completed. Acceptance of Work: The following Resolution was adopted: -5- 12/5/89 RESOLUTION NO 89-12-5-2 COMPLETION OF MARCO FORSTER RESTROOMS (QUALITY CONTRACTORS) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE MARCO FORSTER RESTROOMS (QUALITY CONTRACTORS) The Resolution accepted the work as complete in the amount of $80,790.00 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $8,079.00 thirty-five days after recording the Notice of Completion. 9. ACCEPTANCE OF GRANT DEED FOR CUL-DE-SAC (CALLE ARROYO) AND SEWER EASEMENT - AC 88-10 PHASE II (SELIGMAN) (670.50/ 410.60 IXIIN As set forth in the Report dated December 5, 1989, from the Director of Public Works, the right-of-way and associated sanitary sewer easement owned by Mr. Seligman were accepted as part of Phase II of the Capistrano Business Park. The Mayor and City Clerk were directed to execute the easement document, and the City Clerk was directed to record the document. As set forth in the Report dated December 5, 1989, from the Director of Public Works, the Grant Application for the extension of the existing two-way off-road bicycle trail parallel to Rancho Viejo Road to be constructed parallel with and easterly of the proposed widened Rancho Viejo Road bridge was approved. Ten percent matching funds in the amount of $10,000 for inspection and administrative costs were authorized. PUBLIC HEARINGS 1. ADOPTING NEW EDITIONS OF THE UNIFORM BUILDING CODES (CONTINUED) (450.30) Proposal: Consideration of an Ordinance adopting the 1988 Model Building Codes. -6- 12/5/89 U, Written Communication: Report dated December 5, 1989, from the Director of Community Planning and Development, summarizing changes to the new Codes as well as modifications regarding the proposed Board of Appeals and the Uniform Building Code, Mr. Merrell made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing, and there being no response, closed the hearing. Introduction of Ordinance: The City Attorney 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 Councilman Buchheim, seconded by Councilman Friess, that the following Ordinance be introduced: AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE -_ADOPTING UNIFORM BUILDING CODES - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 8 "BUILDING REGULATIONS" OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 1988 EDITIONS OF THE UNIFORM BUILDING CODE, THE UNIFORM MECHANICAL CODE, THE UNIFORM PLUMBING CODE, THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE, THE UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, THE UNIFORM HOUSING CODE AND THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze 2. SAN JOAQUIN AND FOOTHILL CORRIDORS RESOLUTION ESTABLISHING AREAS OF BENEFIT AND APPROVING AN INTERIM INCREASE IN DEVELOPMENT FEES (420.20) Proposal: Consideration of a Resolution establishing areas. of benefit and approving an interim increase in development fees, as recommended by the Foothill/Eastern and San Joaquin Hills Transportation Corridor Agencies, in order to finance the construction of the corridors. -7- 12/5/89 written Communication: Report dated December 5, 1989, from the Director of Public Works, listing the current and recommended interim rates by the Agency. It was noted that the fees would affect both commercial and residential developments and that 48 percent of the costs are being borne by fees imposed on new developments. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing, and the following persons responded: (1) Dick Spaulding, 31611 Sacarama Lane, and owner of 5 acres within the corridor area, felt that there should be a reallocation of the fees to be more closely in line with the impact of a particular development to the project area (e.g. number of trips per day generated) and that the allocations imposed a hardship on non-residential properties. (2) Phillip Weisberg, 31196 Via San Vicente, felt that since commercial property generates much more profit than residential property, the two should not be levied at the same rate. (3) Joan Scarantino, 27441 Ortega Highway, expressed concerns regarding the potential impacts of the new corridors and felt that many more car trips per day would be generated by industrial development. There being no further public input, the hearing was declared closed. Council Discussion: Pursuant to the motion being made and seconded, Councilman Bland stated he would not support the increase in fees because he felt the traffic problems in South County would not be solved by the construction of these corridors and would only encourage more development. Mayor Hausdorfer stated that the corridors would relieve present traffic impacts, with costs to be offset by tolls. Councilman Friess noted traffic impacts not only from Orange County, but from San Diego and Los Angeles Counties as well. -8- 12/5/89 3 2 514 Adoption of Resolution: It was moved by Councilman Friess, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 89-12-5-3. APPROVAL OF RESOLUTION ESTABLISHING AREAS OF BENEFIT AND APPROVING AN INTERIM INCREASE IN DEVELOPMENT FEES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING THE AREAS OF BENEFIT AND APPROVING AN INTERIM INCREASE IN DEVELOPMENT FEES OF THE MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAMS FOR THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AND THE FOOTHILL/EASTERN TRANSPORTATION CORRIDORS The motion carried by the following vote: AYES: Councilmen Buchheim, Friess, and Mayor Hausdorfer NOES: Councilman Bland ABSENT: Councilman Schwartze The City Clerk was directed to forward a certified copy of the Resolution to the Orange County Recorder. 3. PROPOSED ASSESSMENT DISTRICT 89-1 (HIDDEN VALLEY SEWER) (345.40) Proposal: Consideration of a proposed assessment district, as requested by sixteen residents of the Hidden Valley area of the City, for the construction of sewers and natural gas lines. Written Communication: Report dated December 5, 1989, from the Director of Public Works, summarizing the progress to date for the proposed assessment district and forwarding a Resolution. Councilman Friess left the Chamber due to a conflict of interest. Mr. Murphy made an oral presentation, noting that the residents have stated they can collect the necessary funds to run the project themselves. Mr. Murphy suggested that bids not be rejected to construct the project and the project not be readvertised. -9- 12/5/89 Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing, and the following persons responded: (1) Don Shaw, 31491 Paseo Christina, and one of the property owners in the area, spoke in favor of the proposed assessment district and stated that all money will be refunded for costs that the City has incurred. He noted that the homeowners solicited bids on their own and can have the work completed for about one half the City's costs. (2) Herman Quest, 31472 Paseo Christina, spoke in favor of the proposed district. There being no further public input, the hearing was declared closed. Continuation of Hearina: It was moved by Councilman Bland, seconded by Councilman Buchheim, and unanimously carried by a 3-0 vote that the hearing be continued to the meeting of April 17, 1990. Councilman Friess returned to the Chamber. RECESS AND RECONVENE Council recessed at 8:21 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 8:52 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. RECEIPT OF PETITIONS OPPOSING SOUTH COUNTY AIRPORT SITE (940.30) Written Communication: Report dated December 5, 1989, from the Assistant City Manager, noting the collection of 3,039 signatures by Ilse Byrnes in opposition to the proposed location of a South County Airport site at Potrero los Pinos or Christianitos Canyon. Ilse Byrnes, chairperson of the opposition effort, presented the petitions to the Council, which had been sent to County Supervisor Tom Riley, the Secretary of Agriculture, and Representative Ron Packard. -10- 12/5/89 327m7 Acceptance of Petitions: It was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried that the petitions be accepted, noting the strength of the community's opposition to an airport location in South Orange County. Staff was directed to forward the petitions to the Board of Supervisors with a transmittal letter signed by the Mayor stating the Council's adamant opposition to any attempt to locate an airport in South Orange County. 2. SAVE OPEN SPACE PROGRAM (530.40 Written Communication: Report dated December 5, 1989, from the City Manager, regarding the completion of a parks need study, recommending that a $21,000,000 general obligation bond issue be sent to the voters to finance these parks and recreational needs. In order to implement the findings of the report, staff recommended adoption of a "Save Open Space" program, with two key areas identified in the southwest and northwest areas of the City. Mr. Julian made an oral presentation. The following persons requested to speak on this item: (1) Joan Scarantino, 27441 Ortega Highway, inquired as to background information on the program and the possible use of Community Redevelopment Agency funds. Mayor Hausdorfer noted that the program began in 1977 with the Agricultural Preserve Program and the General Plan and that open space can only be assured by the City obtaining the property through a bond issue. Councilman Friess and Mr. Julian explained that CRA funds could not be used unless there is a public use for the property within the Redevelopment area which is income producing. (2) Mark Clancey, 31892 Via de Linda, representing Friends of Historic San Juan, expressed support for placing the bond issue on the 1990 ballot and asked that the City remain dedicated to the preservation of open space if the bond does not pass. It was the consensus of Council that the City would remain committed to the preservation of open space. Adoption of Program: It was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried that the Save Open Space Program be adopted, calling for a $21,000,000 general -11- 12/5/89 obligation bond issue to be placed on the April 1990 ballot. 3. FUNDRAISING PROJECT - SAN JUAN CAPISTRANO PICTORIAL HISTORY (150.10) _ written Communication: Report dated December 5, 1989, from the Senior Management Assistant, requesting the City's financial participation for the publishing of a pictorial history of the City for fundraising purposes for the Historical Society and the Chamber of Commerce, to be published in time for sale at the Heritage Festival in March 1990. It was noted that the City's participation is contingent upon participation by both the Historical Society and the Chamber of Commerce. Jennifer Williams made an oral presentation, noting the confirmed participation by the Historical Society. Approval of Participation: It was moved by Councilman Buchheim, seconded by Councilman Friess, and unanimously carried that the City's participation in the pictorial history project be approved and that funds not to exceed $15,313.34 from the General Fund Reserve be authorized, contingent upon participation by the Chamber of Commerce. STATUS REPORT ON ADMINISTRATIVE SERVICES DIRECTOR RECRUITMENT AND REQUEST FOR ADDITIONAL FUNDS FOR EXTENSION OF INTERIM APPOINTMENT (740.40) Written Communication: Report dated December 5, 1989, from the Assistant City Manager, requesting an extension of the interim contract with Ken Hammon to February 23, 1990, as well as an increase of $10,000. The final selection of the Director of Administrative Services is to be completed in December 1989, with the new director to begin in early February 1990. Mr. Scarborough made an oral presentation. Adoption of Amended Agreement: It was moved by Councilman Buchheim, seconded by Councilman Bland, and unanimously carried that the amended agreement for consulting services between the City and Kenneth Hammon be adopted, extending the period of completion of services to February 23, 1990, and authorizing an increase in the payment for consulting services of $10,000. -12- 12/5/89 3 29' 5. ESTABLISHING OF TWO NEW PERSONNEL POSITIONS AND ELIMINATION OF ONE PERSONNEL POSITION (740.1Qi Written Communication: Report dated December 5, 1989, from the City Manager, requesting that the position of Community Development Associate be eliminated and that two new positions be created to provide support for the Council and the Community Development Division; namely, Council Services Manager and Community Development Manager. Mr. Julian made an oral presentation, noting that Jeff Parker has assumed interim responsibility for the duties of the Community Redevelopment Agency due to the vacancy of Nancy Erickson. Creation/Elimination of Positions: It was moved by Councilman Friess, seconded by Councilman Bland, and unanimously carried that the positions of Council Services Manager and Community Development Manager be created and the position of Community Development Associate be eliminated. Funds in the amount of $50,000 were authorized from the General Fund Reserves to cover the costs for Fiscal Year 1989-90. CITY CLERR 1. APRIL 10. 1990. BOND ELECTION - Written Communication: Report dated December 5, 1989, from the City Clerk, forwarding the Resolution regarding acquisition and construction of public improvements as the first step towards calling the proposed April 10, 1990, election. Adoption of Resolution: It was moved by Councilman Bland, seconded by Councilman Buchheim, that the following Resolution be adopted: RESOLUTION NO. 89-12-5-4, SAVE OPEN SPACE PROGRAM ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION AND CONSTRUCTION OF CERTAIN MUNICIPAL IMPROVEMENTS AND MAKING FINDINGS RELATING THERETO -13- 12/5/89 The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze 2. APRIL 10 1990 BOND ELECTION - ORDINANCE CALLING ELECTION TO SUBMIT PROPOSITION OF BONDED INDEBTEDNESS TO THE VOTERS (INTRODUCTION) (630.20) written Communication: Report dated December 5, 1989, from the City Clerk forwarding the Ordinance giving notice of a Special Election to be held on April 10, 1990, from 7:00 a.m. to 8:00 p.m., to decide whether the City should incur bonded indebtedness in the amount of $21,000,000, with an interest rate not to exceed 12% per annum, for the acquisition of open space land. Introduction of Ordinance: The City Attorney 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 Councilman Buchheim, seconded by Councilman Friess, that the following Ordinance be introduced, calling for the election and requesting County services: SAVE OPEN SPACE PROGRAM - CALLING ELECTION FOR APRIL 10. 1990 - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRAN0, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR, AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON APRIL 10, 1990, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR A CERTAIN MUNICIPAL IMPROVEMENT The motion carried by the following vote: AYES: Councilmen Bland, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze -14- 12/5/89 CITY ATTORNEY 1 . EMINENT DOMAIN HEARINGS - WISH AND MOQXZ t;vumarx.ce-V EASEMENT (670.401 Written Communication: Report dated December 5, 1989, from the City Attorney, regarding the City's decision whether or not to institute eminent domain proceedings for the purpose of constructing equestrian easements on the Moore and Wish properties. The property owners have requested that the hearings be continued so as to provide additional input. Mayor Hausdorfer opened the hearing, and there being no response, closed the hearing. Continuation of Hearings: It was moved by Councilman Buchheim, seconded by Councilman Friess, and unanimously carried that the eminent domain hearings be continued to the meeting of January 16, 1990. DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT Written Communication: Report dated December 5, 1989, from the Director of Community Planning and Development, requesting that general contracts be authorized for three consultants in response to a continuing need for outside assistance for review of development projects. Approval of Contracts: It was moved by Councilman Buchheim, seconded by Councilman Friess, and unanimously carried that the Agreements for Consulting Services with Lawrence and Associates, at $7,500, Urban Design Studio, at $28,000, and SWA, Inc., at $62500, be approved and that a budget increase for the Specialized Services Account for the Land Use Division in the amount of $120,000 be authorized. The Mayor was authorized to execute the documents on behalf of the City. -15- 12/5/89 t DIRECTOR OF PUBLIC WORKS 1. INSTALLATION OF A GATE GUARDED FACILITY IN HUNTER'S CREEK ESTATES AT CALLE LACOUAGUE (820.90) written Communication: Report dated December 5, 1989, from the Director of Public Works, regarding a request from the Hunter's Creek Estate Property Owners Association for a gate -guarded neighborhood. Mr. Murphy made an oral presentation. Approval of Concept: It was moved by Councilman Bland, seconded by Councilman Friess, and unanimously carried that the installation of a gate -guarded facility in Hunter's Creek Estates be approved in concept. Staff was directed to prepare and process the necessary documents. REIMBURSEMENT AGREEMENT LA NOVIA AVENUE EXTENSION (GLENFED) (600.60) Written Communication: Report dated December 5, 1989, from the Director of Public Works, forwarding a draft Reimbursement Agreement for the construction of a permanent extension of La Novia Avenue by Glendale Federal prior to the 401st occupancy permit in Parcels E and F, with costs estimated to be approximately $1,750,000. Approval of Agreement: It was moved by Councilman Bland, seconded by Councilman Friess, and unanimously carried that the draft Reimbursement Agreement between the City and Glenfed Development Corporation be approved. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. ORDINANCES 1. ORDINANCE APPROVING ZONE CHANGE FOR PROPERTY KNOWN AS CAPISTRANO VALLEY TENNIS CLUB - REZONE 86-5 (CAPISTRANO VALLEY TENNIS CLUB/BUNNELL) (ADOPTION) (460.20) Written Communication: Report dated December 5, 1989, from the City Clerk, advising that the Ordinance was introduced at the meeting of November 21, 1989, and was scheduled for adoption. -16- 12/5/89 3�3 Continuance of Adoption of Ordinance: The City Attorney 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 Councilman Bland, seconded by Councilman Buchheim, and unanimously carried that due to the abstentions of Councilmen Friess and Buchheim from voting on this issue, adoption of the Ordinance was continued for a voting quorum to January 2, 1990. COUNCILMANIC ITEMS 1. 2. 3. ACCEPTANCE OF RESIGNATION AND DECLARATION OF VACANCY (CAROL HEIM, CULTURAL ARTS AND HERITAGE COMMISSION) (110.20) Written Communication: Report dated December 5, 1989, from the Senior Administrative Assistant, forwarding the letter of resignation. Acceptance of Resignation/Declaration of Vacancy: It was moved by Councilman Bland, seconded by Councilman Friess, and unanimously carried to accept the resignation of Carol Heim from the Cultural Arts and Heritage Commission and to declare the position vacant. Staff was directed to prepare appropriate documents to commend Ms. Heim for her community service. The City Clerk was directed to post notices of the vacancy and to advertise for applications for the position. COUNCIL REORGANIZATION - ELECTION OF MAYOR AND MAYOR PRO TEMPORE (610.801 Written Communication: Report dated December 5, 1989, from the City Clerk, outlining the procedures for the annual selection of the Mayor and Mayor Pro Tempore. Continuance of Election: It was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried that the election of Mayor and Mayor Pro Tempore be continued to the meeting of January 2, 1990, for a full Council. COUNCIL REORGANIZATION ADOPTION OF RESOLUTION AUTHORIZING DEPOSIT AND INVESTMENT OF CITY FUNDS (320.10) Written Communication: Report dated December 5, 1989, from the City Clerk, regarding the necessity to authorize the signatures of the -17- 12/5/89 ne'a Mayor and Mayor Pro Tempore for the investment of City fuZds on the City's bank accounts. Continuance of Authorization: It was moved by Councilman Friess, seconded by Councilman Buchheim, and unanimously carried that the adoption of Resolution authorizing deposit and investment of City funds be continued to January 2, 1990, pursuant to the election thereof. COUNCIL COMMENTS 1. USED CAR PARKING (570.30) Councilman Bland noted that the parking lot on the south side of the El Adobe Restaurant facing Del Obispo Street is being used extensively for the sale of used cars. Mr. Julian indicated that the hours for parking enforcement have been extended and that the problem will be addressed. CLOSED SESSION Council recessed to a Closed Session at 9:40 P.M. for discussion of personnel matters, the Deputy City Clerk being excused therefrom, and reconvened at 10:35 p.m. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:35 p.m. to the next regular meeting date of Tuesday, December 19, 1989, at 7:00 p.m. in the City Council Chamber. ATTEST: GARY L. JiAUSDORFER, Respectfully submitted, MARY ANN HANOVER, CITY CLERK By CHERYL JOHNSOW, DEPUTY CITY CLERK -18- 12/5/89