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84-0221_CC_Minutes_Regular MeetingFebruary 21, 1984 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 Bland at 7:05 p.m., in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Homer Waisner, Jr., Ocean Hills Community Church. ROLL CALL PRESENT: Anthony L. Bland, Mayor Gary L. Hausdorfer, Mayor pro tem Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman (arrived at 7:12 p.m.) Phillip R. Schwartze, Councilman ABSENT: None STAFF PRESENT: Stephen 'B. Julian, City Manager; Robert G. Boone, Director of Administrative Services; William D. Murphy, Director of Public Works; Thomas G. Merrell, Director of Community Planning and Development; James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk. MINUTES Regular Meeting of February 7, 1984: Council received copies of a memorandum dated February 16, 1984, from the City Clerk, advising that the Minutes of the Regular Meeting of February 7, 1984, would be presented for consideration at the meeting of March 6, 1984. MOTION TO READ BY TITLE ONLY It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that all Ordinances be read by title only. The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None -1- 2/21/84 26 PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION - FIESTA DE LAS GOLONDRINAS, MARCH 17 - 24, 1984 (61) Written Communications: Report dated February 21, 1984, from the City Clerk, _ forwarding a Proclamation designating the period of March 17 - 24, 1984, as the Fiesta de las Golondrinas. The festivities will culminate on Saturday, March 24th with the 26th consecutive Swallows Day Parade, sponsored by the San Juan Capistrano Fiesta Association. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to authorize the Mayor and City Clerk to sign the Proclamation on behalf of the City and to proclaim the period of March 17 through March 24, 1984, as the "Fiesta de las Golondrinas." The Proclamation was presented to Mac McDowell, President of the Fiesta Association. The Fiesta Association Possee and "Hanging Judge" appeared for media pictures, and Mr. McDowell presented Fiesta Association plaques to the City and to the City Clerk in appreciation for their support. Association Badges were presented to the Council. 2. COMMENDATION - ORANGE COUNTY SHERIFF'S DEPARTMENT (36) Written Communications: Report dated February 21, 1984, from the Assistant to the City Manager, forwarding a Resolution noting that the crime rate in the City dropped significantly during the 1983 calendar year compared to the prior year and expressing appreciation to the Sheriff's Department for their efforts in reducing the crime rate. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 84-2-21-1, COMMENDING ORANGE COUNTY SHERIFF'S DEPARTMENT FOR CRIME REDUCTION EFFORTS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMENDING THE ORANGE COUNTY - SHERIFF'S DEPARTMENT FOR CRIME REDUCTION EFFORTS The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None 2/21/84 The Resolution was presented to Captain Vito Ferlauto, Orange County Sheriff's Department. 3. PROCLAMATION - SUPPORTING OLYMPIC TORCH RELAY PROGRAM (71) Written Communications: (89) Report dated February 21, 1984, from the Assistant to the City Manager, forwarding a Proclamation supporting "Olympic Torch Relay Day" in Orange County. 4. It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim and unanimously carried to approve the Proclamation. ION - ORANGE DEPARTMENT, SALE OF (42) Written Communications: Report dated February 21, 1984, from the City Manager, advising that during review of Building Code amendments, the Orange County Fire Department had requested the opportunity to make a presentation regarding the sale of fireworks in the community. Fire Marshal Michael Cate made a slide presentation showing problems experienced throughout the County with "Safe and Sane" Fireworks. ORAL COMMUNICATIONS 1. GOLDEN STATE MOBILEHOME OWNERS LEAGUE (23) Ed Dailey, Associate Director, GSMOL, Space 89, Rancho Alipaz, requested an opportunity to make presentations at the next Council meeting. Mr. Dailey advised Council of proposed State Legislation regarding Mobilehome parks. Council requested copies of Ordinances dealing with park conversions. 2. TRUCK TRAFFIC (87) Ben Michalec, 27376 Oso Road, San Juan Capistrano, 92675, addressed Council regarding trucks hauling concrete at Oso Road and Avenida de la Vista on weekends and in the evenings. He was advised that Stop Work Notices had been issued and the operator will submit plans; further, that Sheriff deputies will respond to citizen calls. AD-HOC PUBLIC FACILITIES COMMITTEE 1. CIVIC CENTER STATUS REPORT (34) This item was considered after Closed Session. -3- 2/21/84 28 CONSENT CALENDAR It was moved by Councilman Schwartze, 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 Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None 1. APPROVAL OF WARRANTS (41) The List of Demands dated February 21, 1984, Warrant. Register No. 84-082, in the total amount of $351,428.49, was approved as submitted. 2. CITY TREASURER'S REPORT OF INVESTMENTS (41) The City Treasurer's Report of Investments as of January 31, 1984, in the total amount of $5,940,000.00, was approved as submitted. 3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (41) The City Treasurer's Report of 1911 Act Bond Delinquencies as of January 31, 1984, was approved as submitted. 4. REPORT OF EQUESTRIAN COMMISSION ACTIONS OF FEBRUARY 14. 1984 (23) The Report dated February 21, 1984, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of February 14, 1984, was ordered received and filed. 5. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETY, TRACT 11765 (FREDRICKS DEVELOPMENT)(38-#399). (38) The public improvements for Tract 11765 were completed and (85) accepted by the City Inspector, as set forth in the report dated February 21, 1984, from the Director of Public Works. _ Acceptance of Work: The following Resolution was adopted: ION NO. 84-2-21-2. COMPLETION OF PUBLIC IMPROVEMENTS - TRACT 11765 (FREDRICKS DEVELOPMENT) - 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 PUBLIC IMPROVEMENTS - TRACT 11765 (FREDRICKS DEVELOPMENT COMPANY) -4- 2/21/84 29 The Resolution accepts the project as complete and directs the City Clerk to forward the Notice of Completion to the County Recorder. Release of Surety: The following bond from Safeco Insurance was extended to February 21, 1985: Bond Number Amount Fa thful Performance -Public 4376016 T 68,125 Authorization was granted to release'the bond following successful completion of a one-year maintenance period. The following bonds from Safeco Insurance are to be released upon expiration of 35 days from recordation of the Notice of Completion: Faithful Performance -Private 4376015 $119,850 Labor and Materials 4376016 68,125 6. RESOLUTION, NOTICE OF COMPLETION AND RELEASE OF SURETY, A.C. 81-1 (OCEAN HILLS COMMUNITY CHURCH) (38-#406) (38) The public improvements for AC 81-1 were completed and (68) accepted by the City Inspector, as set forth in the report dated February 21, 1984, from the Director of Public Works. Acceptance of Work: The following Resolution was adopted: RESOLUTION NO. 84 TMDDn17VMFMTC - DD ION OF PUBLIC ROL 81-1 (OCEAN HILLS COMMUNITY CHURCH) - A RESOLUTION OF THE CITY C:UUNCIL Ur' THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS - ARCHITECTURAL CONTROL 81-1 (OCEAN HILLS COMMUNITY CHURCH) The Resolution accepts the project as complete and directs the City Clerk to forward the Notice of Completion to the County Recorder. Release of Surety: The following bond from Great American Insurance Company was extended to February 21, 1985: Bond Number Amount Faithful Performance -Public 3-89-44-73 $ 34-,-000 Authorization was granted to release the bond following successful.completion of a one-year maintenance period. The following bonds from Great American Insurance Company are to be released upon expiration of 35 days from -5- 2/21/84 30 recordation of the Notice of Completion: Faithful Performance -Private 3-89-44-72 $ 21,000 Labor and Materials 3-89-44-73 34,000 7. RESOLUTION, NOTICE OF COMPLETION AND FINAL REPORT - SAN JUAN CAPISTRANO PUBLIC LIBRARY (NEWPORT HARBOR CONSTRUCTION)(C52) (52) The construction of the San Juan Capistrano Public Library has been completed by Newport -Harbor Construction Company, with the exception of the water feature; $15,000 will be held pending correction of the problem with the fountain, flume area, reflection pool, and pump pit room. Acceptance of Work: The following Resolution was adopted: SAN JUAN kNP;W1-VK'1' 11A"VA UUNS'1'KUU'1'l UNJ — A KP:bbULUTIUN VP' Thh 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 SAN JUAN CAPISTRANO PUBLIC LIBRARY, EXCLUDING WATER FEATURE (NEWPORT HARBOR CONSTRUCTION) The Resolution accepts the project as complete with the exception of the water feature, in the total amount of $1,674,152.39, and directs the City Clerk to forward a Notice of Completion to the County Recorder. Payment status was as follows: Total construction costs $1,689,152.39 (including Acjachema Street) Less retention for water feature 15,000.00 Less 10% retention 168,915.24 Previous Payments 1,520,237.15 Balance Due 0.00 The escrow officer, Capistrano National Bank, was instructed to release the ten percent retention, minus the $15,000 special retention, 35 days after recordation of the Notice of Completion unless there are liens against the title. Upon completion of the water feature corrections, the escrow officer will be directed to release the $15,000. _ 8. IMPROVEMENT AND LANDSCAPE MAINTENANCE AGREEMENTS - A.C. (38) Pursuant to conditions of approval for A.C. 80-5, Pacific (68) Coast Development was required to construct street improvements to Ortega Highway and to maintain all landscaping within the public right-of-way. The Improvement Agreement and the Landscape Maintenance Agreement for -6- 2/21/84 31 A.C. 80-5 were approved; the Mayor and City Clerk were authorized to execute the agreements on behalf of the City; and, the City Clerk was directed.to record the agreements with the Orange County Recorder, as set forth in the report dated February 21, 1984, from the Director of Public Works. PUBLIC HEARINGS 1. TO MUNICIPAL CODE - MODIFICATION TO (55) This Public Hearing was continued from the meeting of January 17, 1984. Written Communications: Report dated February 21, 1984, from the Director of Community Planning and Development, advising that pursuant to discussions with the Bear Brand Ranch Architectural Committee, the proposed regulations had been modified to identify the relationship between the General Plan goals and height regulations; and, the method for defining wall height was clarified. The Director of Community Planning and Development made an oral presentation, noting the modified language in the Ordinance and advising that telephone calls in opposition tc the Amendment had been received from the following Bear Brand Ranch property owners: Dixie Bain, Joe Weiss, and Mr. Yarborough. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and the following persons responded in opposition to the proposed Ordinance: (1) Russell Neal, 31072 Calle Santa Rosalia, spoke in opposition to the proposed regulations in terms of industrial property rights. (2) Robert O. Hill, President, Bear Brand Ranch Community Association, presented a memorandum dated October 27, 1982, from the Architectural -Design Committee Members, regarding tennis court guidelines. He stated that the proposed amendment would circumvent the annexation agreement and encourage more grading. He cited height restrictions in Rancho Santa Fe and Bel Air, stating that the 20 -foot wall height was particularly offensive. He further suggested that the Architectural Board of Review review hillside homes on a case-by-case basis. (3) Robert Wish, owner of lot at 31531 Peppertree Bend, urged rejection of the Ordinance. -7- 2/21/84 3 (4) Keith Powell, 28302 Paseo Establo, owner of a lot in the Bear Brand Ranch development, spoke in opposition to the Ordinance. (5) Randy Hudson, member of the Bear Brand Ranch Board of Directors and owner of lot 27, spoke in favor of a case-by-case review. (6) Mr. Hill advised that many homes already approved by the Bear Brand Committee would be affected by the Ordinance but have not yet been submitted to the City. (7) Lynn Collins, realtor, advised that sales have been made in good faith and noted expenditures already made for design. There being no further response, Mayor Bland closed the Hearing with the right to re -open at any time. Negative Declaration: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to certify granting of a Negative Declaration. 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. Following discussion, it was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Ordinance be introduced as amended to include only those portions dealing with non-residential buildings: TO TITLE 9 OF THE !•lL]nlrlyrl nG1Vn1 Vr LV VLV-1[GJIIJG LVIIL'1L olnu .lu1 o - L x ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-2.409 and 9-3.424 OF THE MUNICIPAL CODE REGARDING MAXIMUM HEIGHT OF NON-RESIDENTIAL STRUCTURES The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None The motion also included direction that those portions of the Ordinance dealing with residential buildings be referred to the Planning Commission and staff for development of mechanisms to mitigate height requirements through a case-by-case review as they may apply to specific areas of the City. -8- 2/21/84 Amendment to Definitions: It was moved by Councilman Buchheim, seconded by Councilman Friess that the following Resolution be adopted: RESOLUTION NO. 84-2-21-5 TO LAND USE CODE ULL''l LV 1'1'1 VLVJ — h iInJVLV11Viv va' iiia a.i++ - •. �� •+� �••-- CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE DEFINITIONS RELATED TO NON-RESIDENTIAL BUILDING HEIGHT, FINISH GRADE, ATTIC, BASEMENT AND STORY The Resolution was amended to apply to non-residential structures only. RECESS AND RECONVENE Council recessed at 9:00 p.m., and reconvened at 9:15 p.m. 2. STREET CLOSURE i DAY PARADE - (61) Proposal: Application for a parade permit and associated street closures made by the San Juan Capistrano Fiesta Association for the annual Fiesta de las Golondrinas Parade scheduled for Saturday, March 24, 1984, at 12:00 noon. The Hearing was held in accordance with Municipal Code Section 5-11.05. Applicant: San Juan Capistrano Fiesta Association, P. O. Box 532, San Juan Capistrano, 92693, attention Mac McDowell. Written Communications: Report dated February 21, 1984, from the Director of Public Works, forwarding the application and the proposed route. Costs for providing necessary traffic control, sanitary facilities, and Public Works personnel are estimated at $1,900; funds are allocated in Account No. 01-4180-213-000. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Approval of Parade Permit: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve the request for a parade permit and to authorize closing of the following streets on Saturday, March 24, 1984, from 11:00 a.m., to 4:00 p.m.: Camino Capistrano between Via Los Pajaros and Avenida Golondrina; Del Obispo Street between Camino Capistrano and Ortega Highway -9- 2/21/84 LMj Ortega Highway between Camino Capistrano and I-5 Freeway; El Camino Real between La Zanja Street and Ortega Highway; La Zanja Street between Los Rios Street and E1 Camino Real; and, Yorba Street between Camino Capistrano and E1 _ Camino Real. 3. AMENDMENTS TO NON-EXCLUSIVE FRANCHISE AGREEMENT (TIMES MIRROR CABLE TELEVISION (43) Proposal: Amendment to the Times Mirror franchise to include provisions of City Ordinances No. 327 and 494, and amendments thereto, which establish Rules and Regulations for cable television systems. Applicant: This was a City -initiated Hearing. Written Communications Report dated February 21, 1984, from the Director of Administrative Services, advising that Times Mirror is willing to negotiate an out-of-court settlement on pending legal matters and recommending the Hearing be continued to April 17, 1984. Public Hearing: Notice having been given as required by law, Mayor Bland opened the Public Hearing and, there being no response, closed the Hearing with the right to re -open at any time. Continuation of Hearing: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to continue the Public Hearing to the meeting of April 17, 1984. Councilman Buchheim cited a letter from Steve R. Ferris, 32210-1 Camino Capistrano, San Juan Capistrano, 92675, dated February 15, 1984, regarding service complaints. ORDINANCES 1. ADOPTION OF ORDINANCE NO. 505, REZONE 83-5 (CALIFORNIA _ (95) Written Communications: Report dated February 21, 1984, from the City Clerk, advising that the Ordinance was introduced at the meeting of February 7, 1984, and was scheduled for adoption. Adoption of Ordinance: The City Attorney read the title of the Ordinance next in -10- 2/21/84 order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Councilman Buchheim, seconded by Councilman Schwartze that the following Ordinance be adopted: ORDINANCE NO. 505 - REZONE 83-5 unMVT. - rnnul - AN nRnTNANCF. OF IA RETIREMENT CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF ASSESSOR'S PARCEL NO. 121-182-39 FROM AG (GENERAL AGRICULTURE) TO IP (PUBLIC INSTITUTIONAL) (CALIFORNIA RETIREMENT HOTEL - COOK) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT:. None ADMINISTRATIVE ITEMS DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT ADOPTION OF IRMING CITY (68) This item was taken out of order on the agenda. REGARDING Written Communications: Report dated February 21, 1984, from the Director of Community Planning and Development, forwarding a Resolution incorporating background information, disposition of the appeals and the modified conditions of approval for Architectural Control 83-6. The project was approved by Council on February 7, 1984, and the proposed Resolution was for clarification only. Adoption of Resolution: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer that the following Resolution be adopted: RESOLUTION NO. -6, ARCHITECTURAL CONTROL 83-6 HOTEL - A RESOLUTION OF THE TY OF SAN JUAN CAPISTRANO, -11- 2/21/84 Me CALIFORNIA, CONDITIONALLY APPROVING ARCHITECTURAL CONTROL 83-6 (CALIFORNIA RETIREMENT HOTEL) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland NOES: None ABSENT: None RESOLUTIONS 1. CONSENTING TO JOINT PUBLIC HEARING WITH COMMUNITY REDEVELOPMENT AGENCY - REDEVELOPMENT PLAN AMENDMENT NO. 1 (68) Written Communications Report dated February 21, 1984, from the Director of Community Planning and Development, advising that pursuant to California Community Redevelopment Law, the City Council is required to conduct a joint public hearing with the Community Redevelopment Agency when amendments to the Redevelopment Plan are being considered: The report forwards a Resolution consenting to the Joint Hearing and authorizing the City Clerk to publish and mail notices of the Hearing on the proposed amendment. The Hearing was scheduled for the meeting of May 1, 1984. Joint Public Hearing: It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the following Resolution be adopted: AZULVP;LUYMLN'T YLAN - JUlN'T YUriLlI: nDliAINU - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CONSENTING TO A JOINT PUBLIC HEARING ON THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AND AUTHORIZING PUBLICATION AND MAILING OF NOTICE OF JOINT PUBLIC HEARING ON SAID PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Buchheim, _ Schwartze, and Mayor Bland NOES: None ABSENT: None -12- 2/21/84 37 BIDS, CONTRACTS, AGREEMENTS 1. APPROVAL OF PLANS, SPECIFICATIONS, AND CALL FOR BID - RESURFACING OF ACJACHEMA STREET (MAJOR STREET REPAIRS)(C83) (83) Written Communications: Report dated February 21, 1984, from the Director of Public Works, requesting approval of the plans for the resurfacing of Acjachema Street, La Calera, and E1 Horno Street in the Mission Flats area as part of the Major Street Repairs Program. The Engineer's estimate for the project is $49,000; funds are budgeted in Account No. 01-4440-287-450. Approval of Plans/Call for Bids: It was moved by Councilman Schwartze, seconded by Councilman Buchheim and unanimously carried to approve the plans and specifications for the resurfacing of Acjachema, La Calera, and E1_Horno Streets and to authorize a call for bids. 2. APPROVAL OF AGREEMENT FOR PURCHASE OF TAX 7 (38) Written Communications: (73) Report dated February 21, 1984, from the Director of Public Works, advising that tax delinquent property designated as AP 650-090-06 has been offered to the City by the County at a purchase price of $40.00. The property is located between Trabuco Creek Road and Rosenbaum Road and will be acquired for landscape purposes. Agreement for purchase of the property requires that the land not be offered for resale for a period of ten years; and, that if the property is not used for the stated purpose or is offered for resale, the property will automatically revert to ownership by the State of California. Funds for the purchase are allocated in Account No. 01-4120-213. Authorization for Purchase: It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the following Resolution be adopted: RESOLUTION NO. 84-2-21-8, PURCHASE OF PROPERTY ADJACENT TO ROSENBAUM ROAD FOR LANDSCAPE PURPOSES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, OFFERING TO PURCHASE TAX DEEDED PROPERTY FROM THE COUNTY OF ORANGE TO BE USED FOR LANDSCAPE PURPOSES - PROPERTY LOCATED ADJACENT TO ROSENBAUM ROAD The motion carried by the following vote: AYES: NOES: ABSENT: Councilmen Friess, Hausdorfer, Buchheim, Schwartze, and Mayor Bland None None -13- 2/21/84 38 The Resolution approves purchase of Assessor's Parcel No. 650-090-06 in the amount of $40.00 and approves the agreement for purchase. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City and the City Clerk was directed to forward certified copies of the Resolution and the agreement to the County of Orange. 3. AGREEMENT FOR CONSTRUCTION OF OSO CREEK IMPROVEMENTS (COUNTY OF ORANGE)(38-#458 (38) Written Communications: (80) (1) Report dated February 21, 1984, from the Director of Public Works, advising that City and County staff members have been working on a cooperative agreement for funding of a modification to the County's project and a report will be submitted at the meeting. (2) Additional Agenda Item dated February 21, 1984, from the Director of Public Works, forwarding a draft agreement with the County providing for City approval of construction of a reinforced concrete box culvert within the City portion of Oso Creek; City payment upon completion of the project of 25% of the increased construction cost with the balance due within 24 months; and, assessment of interest beginning at project completion at a rate of approximately 118. Costs to the City are estimated at $250,000 to $300,000. Ken Smith, Chief, Flood Design, Orange County Environmental Management Agency, noted the items added to the agreement relating to the General Plan and advised that the San Juan Basin Authority date should be deleted. Approval of Agreement It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to approve in concept the draft agreement between the City of San Juan Capistrano and the County of Orange for funding of the Oso Creek Channel Improvement and to authorize the Mayor and City Clerk to execute the agreement upon final submittal by the Director of Public Works. 4. AWARD OF CONTRACT - 1984 WEED ABATEMENT PROGRAM (38-#48) (38) Written Communications: _ (74) Report dated February 21, 1984, from the Director of Public Works, forwarding results of bids received for the 1984 Weed Abatement Program. Funds for abatement on City property are budgeted in Account No. 01-4440-213. Costs for abatement of private property will be assessed to the property owner. Award of Contract: It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze and unanimously carried to award the contract for the 1984 Weed Abatement Program to Commercial -14- 2/21/84 Lot Cleaning, Inc, of South E1 Monte in the estimated amount of $24,653 and to reject all other bids. The Mayor and City Clerk were authorized to execute the contract on behalf of the City. RECESS AND RECONVENE Council recessed at 9:26 p.m., to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 9:28 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. APPROVAL OF REQUESTS FOR TAXICAB LICENSES (LAGUNA SILVER COMPANY AND GT ENTERPRISES/WHITE CAB) (26) Written Communications: (88) Report dated February 21, 1984, from the Senior Administrative Assistant, setting forth requirements of Municipal Code Section 4.5-03 which must be met before a license may be granted. The report cites the information provided by the two applicants, Laguna Silver Cab Company and GT Enterprises/White Cab. Conditional Approval of Requests: It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and unanimously carried to find that all requirements of the Municipal Code Section 4-5.03 have been met by Laguna Silver Cab Company and grant a license subject to verification that requirements set forth in Section 4-5.12 (Driver Qualifications) have been complied with; and, to find that most requirements of the Municipal Code Section 4-5.03 have been met by GT Enterprises/White Cab and grant a license upon receipt within thirty days of adequate insurance as specified in the Municipal Code, verification as to the safety of the cabs, and verification that requirements set forth in Section 4-5.12 (Driver Qualifications) have been complied with. DIRECTOR OF PUBLIC WORKS 1. REQUEST FOR SEWER FEE REDUCTION (DAVIS DEVELOPMENT) (80) Written Communications: Report dated February 21, 1984, from the Director of Public Works, advising that the developer has requested a further extension of the request for sewer fee reduction over the commercial/industrial facilities. The matter will be scheduled for Council consideration at a later date. -15- 2/21/84 DIRECTOR OF RECREATION REVIEW OF C. RUSSELL COOK PARK FACILITI (62) Written Communications: (38) Report dated February 21, 1984, from the Director of Recreation/Equestrian Commission Secretary, forwarding three alternatives for the stable project, as follows: (1) Proceed with the three -phased project that was considered on January 17, 1984; (2) Operator is to Prepare Site, Install Equipment, and Operate Stable for an Extended Period; and, (3) Permit the Current Operators to Remain on the Site and Improve their Facilities. The report forwards the Equestrian Commission recommendation to approve Alternate 3 and to ensure that the current operators' leases would be for a period of not less than five years. The Director of Recreation made an oral presentation. Councilman Friess cited opposition to a five-year lease and suggested staff and the Commission work on a lease ending February 3, 1986; further, that the Commission review board fees, the amount of lease payment and how it is to be applied. Councilman Hausdorfer suggested a two-year lease with a review clause and that funds for the equestrian facility be included in the five-year budget. Equestrian Commissioner Jill Hanna suggested consideration of a lease/option if a lease would be limited to a two-year period. Authorization of Increased Fees: It was moved by Councilman Hausdorfer, seconded by Councilman Friess and unanimously carried to approve the concept of authorizing increased boarding fees at the C. Russell Cook Park Equestrian area by Wagon Wheel Stables and Mission Trails Stables with specific improvements required; the Equestrian Commission was directed to prepare specific documents and the program for implementing the concept. Implementation of the City Equestrian Facility was delayed until funds are available. COMMISSIONS. BOARDS. COMMITTEES PLANNING COMMISSION 1. REPORT OF MEETING OF FEBRUARY 14, 1984 (67) The Report of Actions taken by the Planning Commission at their meeting of February 14, 1984, was ordered received and filed. -16- 2/21/84 41 COUNCIL REMARKS 1. FORSTER HOUSE RESTORATION (23) Staff was directed to prepare a Resolution commending Mrs. Gresham for preservation work on the Forster House, the Resolution to be presented at opening ceremonies. 2. SAN JUAN CLINIC (61) At the suggestion of Councilman Schwartze, the City Clerk was directed to draft a commendation letter for the San Juan Clinic for Council review and approval. 3. SISTER CITIES (PETRA) (34) Councilman Schwartze cited a letter regarding a proposed November visit of residents from Petra. 4. EARTHQUAKE SEMINAR (89) Mayor Bland and the Director of Public Works noted they would attend an upcoming earthquake preparedness seminar. 5. LEGISLATION (51) Councilman Friess requested a copy of the Frazelle Bill regarding Mobile Home Parks. 6. REQUEST FOR AMENDMENT TO MUNICIPAL CODE - MOBILE HOME PARK REVIEW COMMITTEE (23) Mayor Bland acknowledged receipt of a resolution signed by representatives of Capistrano Mobile Home Park Association, E1 Nido Mobile Estates Association, Rancho Alipaz Mobile Estates Association, Rancho Del Avion Association, and Villa San Juan Association requesting an amendment to the Municipal Code. There was a consensus of Council that the matter be referred to the City Attorney and the Mobile Home Park Review Committee. 7. LETTER OF APPRECIATION (34) Mayor Bland noted a letter from Tony Moiso regarding the bestowal of Honorary Citizenship. He further requested that a letter of appreciation be prepared regarding the Rancho Mission Viejo annual round -up. 8. INVITATIONS - ENDEVCO OPEN HOUSE (50) Mayor Bland noted that he would attend the Endevco open house on March 17, 1984. -17- 2/21/84 42 CLOSED SESSION Council recessed to a Closed discussion of legal matters, therefrom, and reconvened at Session at 10:02 p.m., for the City Clerk being excused 10:56 p.m. AGREEMENT WITH CAPISTRANO UNIFIED SCHOOL DISTRICT (38-#459) (38) It was moved by Councilman Schwartze, seconded by Councilman (68) Friess and unanimously carried to approve the Agreement for Cooperation between the City, the Community Redevelopment Agency, and the Capistrano Unified School District for the use of Buchheim Field. Director Buchheim noted for the record that Buchheim Field had been named for his father and that neither his family nor heirs have a financial interest in the property.' ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 10:57 p.m., to the next regular meeting date of March 6, 1984, at 7:00 p.m., in the City Council Chamber. ATTEST: ANTHONY L. LAND, MAYOR Respectfully submitted, elm rRe• 2/21/84