01-0206_CC_Minutes_Regular Meeting285
FEBRUARY 6, 2001
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85) -None
RECESS UNTIL 7:00 P.M. BUSINESS SESSION
The Regular Meeting of the City Council of the City of San Juan Capistrano California, was
called to order by Mayor Hart at 7:00 p.m., in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Pastor Arch Rutherford, Coast
Bible Church.
ROLL CALL PRESENT: Wyatt Hart, Mayor
David M. Swerdlin, Mayor pro tem
Diane Bathgate, Council Member
John S. Gelff, Council Member
John Greiner, Council Member
STAFF PRESENT: George Scarborough, City Manager, Jennifer Murray, Assistant City
— - Manager; John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Russell,
Administrative Services Director; William M. Huber; Engineering and Building Director;
Thomas Tomlinson, Planning Director; Amy Amirani, Public Works Director; Al King,
Community Services Director; Lt. Rick Stahr, Orange County Sheriffs Department; Jennifer
Carlin, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -None
INTRODUCTIONS. PRESENTATIONS AND DONATIONS
RECOGNITION OF LONG-TERM EMPLOYEES 730.90
Written Communications:
Report dated February 6, 2001, from the Personnel Manager, advising that Nancy
Barney, Management Analyst I, had reached 15 years of service; and, Bill Huber,
Engineering and Building Director, and Al King, Community Services Director, had
reached 10 years of service.
Mrs. Barney, Mr. Huber and Mr. King were present to receive the award
acknowledging their years of service to the City.
2. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Mayor pro tem Swerdlin introduced the following persons
Winkler, Ethel Tregarthen, and Marie Buckner, Housing
Sonka, Planning Commission; Les Blair, Senior Liaison.
in attendance: Mary Rose
Advisory Committee; Bill
CC Minutes -1- 02/06101
ORAL COMMUNICATIONS
(CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCYMATER DISTRICT)
1. DEVELOPMENT MORATORIUM 420.30
Bud Milligan, 26000 Avenida Aeropuerto #3, urged the Council to consider a
moratorium on development in view of the current energy crisis.
CONSENT CALENDAR
It was moved by Council Member Greiner, 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 Bathgate, Greiner, Swerdlin, Gelff and
Mayor Hart
NOES: None
ABSENT: None
1. MOTION TO READ BY TITLE ONLY
The reading of all Ordinances by title only was approved.
2. APPROVAL OF MINUTES - REGULAR MEETINGS OF JANUARY 3 AND
JANUARY 16, 2001
The Minutes of the Regular Meetings of January 3 and January 16, 2001, were
approved as submitted.
3. RECEIVE AND FILE WARRANTS OF JANUARY 11, 2001 (300.30)
The List of Demands dated January 11, 2001, in the total amount of $1,061,966.52,
was ordered received and filed.
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR NOVEMBER 2000
330.50
The City Treasurer's Report of Cash Fund Balances for the month of November,
2000, was ordered received and filed. Council Member Gelff abstained.
5. RECEIVE AND FILE INVESTMENTS AS OF DECEMBER 31 2000 350.30
The City Treasurer's Report of Investments as of December 31, 2000, was ordered
received and filed.
CC Minutes -2- 02/06/01
287
6. ADOPTION OF RESOLUTION ACCEPTING WATER FACILITIES AND
AUTHORIZING RELEASE OF BONDS - BRIGHTON GARDENS OF SAN
JUAN CAPISTRANO 31741 RANCHO VIEJO ROAD (MARRIOTT SENIOR
LIVING SERVICES, INC./AUREUS ACQUISITION III, L.P.) (600.30
As set forth in the Report dated February 6, 2001, from the Public Works Director,
the following Resolution was adopted:
RESOLUTION NO. 01-2-6-1, ACCEPTING PUBLIC WATER
FACILITIES (MARRIOTT SENIOR LIVING SERVICES, INC.) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ACCEPTING PUBLIC WATER
FACILITIES FOR PROPERTY LOCATED AT 31741 RANCHO VIEJO
ROAD (MARRIOTT SENIOR LIVING SERVICES, INC.)
The Resolution accepted the water facilities as complete and authorized the City
Clerk to release Bond No. 5884750 in the amount of $137,200, provided by Safeco
Insurance Company of America, 35 days after recording the Notice of Completion.
7. AWARD OF AGREEMENT FOR PREPARATION OF PLANS AND
SPECIFICATIONS - MAJOR SEWER REPAIRS (CIP NO. 728) (TETRA
TECH, INC.) (600.
As set forth in the Report dated February 6, 2001, from the Engineering and Building
Director, the Agreement with Tetra Tech, Inc., to prepare plans and specifications for
the Major Sewer Repairs project, was approved in the amount of $37,396, for the
period ending September 30, 2001.
8. ADOPTION OF RESOLUTION IMPLEMENTING A CITY DISADVANTAGED
BUSINESS ENTERPRISE PROGRAM (820.25
As set forth in the Report dated February 6, 2001, from the Engineering and Building
Director, the following Resolution was adopted to assure the City's compliance with
Federal regulations for cities which receive Federal funding:
RESOLUTION NO 01-2-6-2 IMPLEMENTING CITY
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, IMPLEMENTING A CITY
DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
9, APPROVAL OF PLANS AND SPECIFICATIONS - HIGH WEST SIDE
PIPELINE PROJECT (CIP NO. 790) (600
As set forth in the Report dated February 6, 2001, from the Public Works Director,
the plans and specifications for the High West Side Pipeline Project were approved
and the City Clerk was authorized to call for bids.
CC Minutes -3- 02/06/01
QM
10. RENEWAL OF LEASE AGREEMENT FOR THE HARRISON FARM HOUSE
(CAPISTRANO INDIAN COUNCIL) (600.20)
As set forth in the Report dated February 6, 2001, from the Administrative Services
Director, the Lease Agreement with the Capistrano Indian Council for use of the
Harrison Farm House was renewed for a one-year period ending February 6, 2002,
with an annual payment of $1.00.
11. APPROVAL OF CAPITAL IMPROVEMENT PROJECT TO INSTALL NEW
DRIVEWAY APPROACHES ALONG DEL OBISPO STREET BETWEEN
ORTEGA HIGHWAY AND FORSTER LANE_(CIP NO. 101) ( 820.-24
As set forth in the Report dated February 6, 2001, from the Planning Director, the
following Resolution was adopted:
RESOLUTION NO. 01-2-6-3, APPROVING DEL OBISPO STREET
DRIVEWAY IMPROVEMENT PROJECT - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION AND
APPROVING A PROPOSAL TO PROVIDE "FLARED DRIVEWAYS"
TO FACILITATE RIGHT TURNS INTO/OUT FROM THE RIGHT
LANE ON DEL OBISPO STREET, FROM ORTEGA HIGHWAY TO
FORSTER LANE AND MINOR ADJUSTMENTS IN THE ALIGNMENT
OF WATERLINES WITHIN DEL OBISPO STREET (DEL OBISPO
STREET DRIVE APPROACH/CIP NO. 101)
12. ADOPTION OF ENERGY CONSERVATION RESOLUTION 1010.60
As set forth in the Report dated February 6, 2001, from the Community Liaison, the
following Resolution was adopted setting forth the City's commitment to reduce
energy usage by 7% and urging residents and business owners to conserve energy
in this time of crisis:
RESOLUTION NO. 01-2-6-4, ENERGY CONSERVATION
EFFORTS - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, COMMITTING TO
ENERGY CONSERVATION
13. APPROVAL OF LICENSE AGREEMENT FOR USE OF THE CONCESSION
STAND AT COOK PARK CORDOVA (CAPISTRANO GIRLS SOFTBALL)
600.30
As set forth in the Report dated February 6, 2001, from the Community Services
Director, the License Agreement with the Capistrano Girls Softball was approved for
use of the concession stand at Cook Park Cordova for the period of February 7,
?r►01 +rough August 1, 2001.
CC Minutes 4- 02/06101
289
PUBLIC HEARINGS
1. APPROVAL OF AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE,
ADDING SECTION 9-2.319 RELATING TO THE REGULATION OF
PROPOSED MOBILE HOME PARK CONVERSIONS, CLOSURES, AND
CESSATION OF USE (420.301430.30)
Proposal:
Consideration of an addition to the Municipal Code which would establish rules and
regulations governing the conversion, closure or cessation of use of any mobile
home park within the City. Without the regulations, park owners would only be
required to satisfy State requirements, which establish minimum standards for local
regulation of conversions of mobile home parks into other uses. The City's proposed
regulations would establish more stringent measures than those required by State
law.
Applicant:
City of San Juan Capistrano
Written Communications:
Report dated February 6, 2001, from the City Manager, providing background
information and describing the proposed regulations.
2. Letter dated February 6, 2001, from Vickie Talley, Executive Director of
Manufactured Housing Educational Trust, 25241 Paseo de Alicia, Suite 190,
Laguna Hills, California 92653, expressing opposition to the proposed mobile
home conversion ordinance.
Lynette Adolphson, Management Analyst II, made an oral presentation, describing
the proposed regulations as presented in the staff report.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the public hearing,
and the .following persons responded:
1. Maryrose Winkler, 32802 Valley Road, #111, requested Council approve and
sign the proposed ordinance.
2. Don Miller, 32302 Alipaz, #100, commended the City Council for the
proactive approach regarding the Mobile Home Park issue and expressed
support of the proposed ordinance.
3. Betty Kinney Bullock, 26000 Avenida Aeropuerto, #116, discussed concerns
regarding comps versus "fair market value and requested clarification
regarding the legalities related to moving mobile homes. Ms. Bullock will
follow up with the City Attorney for clarification regarding specific legal
questions related to these issues.
CC Minutes -5- 02/06/01
290
4. Robert Evans, 25241 Paseo de Alicia, Suite 120, Laguna Hills, California
92653, representing Vickie Talley and the Manufactured Housing Educational
Trust, presented the letter dated February 6, 2001, from Vickie Talley.
5. Keith Casenhiser, 661 Brea Canyon Road, #7, Walnut, California 01789,
representative for San Juan Mobile Estates, expressed opposition to the
proposed ordinance, stating the ordinance is additional legislation taking
away rights of mobile home park owners.
6. Renie Hurst, 33302 Alipaz, #203, stated that the Council's concern for the
residents was appreciated and expressed support of the proposed ordinance.
7. Warren Watkins, owner of Capistrano Valley Mobile Estates, 26000 Avenida
Aeropuerto, read a statement strongly objecting to the ordinance, stating it
would add additional legislation "singling out" owners. He also indicated it
would make maintenance of the parks even more difficult, thus affecting the
quality of life in the parks.
8. Jock Mario of Hart, King & Coldren, 200 East Seapointe Avenue, 4th Floor,
Santa Ana, 92707, Legal Counsel for Rancho Alipaz Mobile Estates,
expressed opposition to the proposed ordinance and urged City Council to
consider the park owner's position.
There being no further response, Mayor Hart closed the Hearing with the right to re-
open at any time.
Council Comments:
Council concurred in their support of the ordinance, stating that it was the City's
responsibility to be proactive and that the proposed regulations were balanced and
fair to both sides.
Approval of Negative Declaration:
It was moved by Council Member Swerdlin, seconded by Council Member Greiner
that the following Resolution be adopted:
RESOLUTION NO. 01-2-6-5 CONFIRMING NEGATIVE
DECLARATION - MOBILE HOME PARK CONVERSIONS - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONFIRMING A NEGATIVE
DECLARATION FOR ADOPTION OF AN AMENDMENT TO THE
MUNICIPAL CODE SECTION 9-2.319 RELATING TO THE
REGULATION OF PROPOSED MOBILE HOME PARK
CONVERSIONS, CLOSURES, AND CESSATION OF USE
CC Minutes -6- 02/06/01
291
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Swerdlin Gelff
and Mayor Hart
NOES: None
ABSENT: None
Introduction of Ordinance Relating to Mobile Home Park. Closures:
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 Swerdlin, seconded by Council Member Greiner, that the following
Ordinance be adopted:
MOBILE HOME PARK CONVERSIONS, CLOSURES, AND
CESSATION OF USE- AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADDING MUNICIPAL CODE
SECTION 9-2.319 RELATING TO THE REGULATION OF
PROPOSED MOBILE HOME PARK CONVERSIONS, CLOSURES,
AND CESSATION OF USE
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Swerdlin, Gelff
and Mayor Hart
NOES: None
ABSENT: None
2. ADOPTION OF RESOLUTION ACCEPTING A REVISED
EQUESTRIAN/HIKING EASEMENT AND VACATING THE EXISTING
EQUESTRIAN/HIKING EASEMENT WITHIN LOT 55 TRACT 6381,
STONERIDGE ESTATES HOCKEMA 27421 SILVERCREEK DRIVE
(670.
50
Proposal:
Hearing held to consider vacating a legal easement over Lot 55 of Tract 6381 and
accepting a revised easement from the property owner, which conforms to the
currently graded trail. The original easement varied in width from 25- to 32 -feet -
wide; however, due to a landslide in the area and re -grading of the trail, the existing
trail varies in width from 16- to 22 -feet -wide. The property owner has submitted
plans to develop the parcel and has requested vacation of the existing easement
and acceptance of the revised easement.
Written Communications:
Report dated February 6, 2001, from the Engineering and Building Director,
providing background information and forwarding the revised easement.
CC Minutes -7- 02/06/01
292
William Huber, Engineering and Building Director, made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the public hearing,
and there being no response, closed the hearing with the right to reopen at any time
Vacation and Acceptance of Easements:
It was moved by Council Member Bathgate, seconded by Council Member Greiner
that the following Resolution be adopted:
RESOLUTION NO. 01-2-6-6,_ _ACCEPTING _REVISED
HIKING/EQUESTRIAN TRAIL EASEMENT AND VACATING
EXISTING EQUESTRIAN/HIKING TRAIL EASEMENT (LOT 55,
TRACT 63811HOCKEMA) - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ACCEPTING A REVISED HIKING/EQUESTRIAN TRAIL EASEMENT
AND VACATING THE EXISTING EQUESTRIAN/HIKING TRAIL
EASEMENT WITHIN LOT 55, TRACT 6381, ASSESSOR PARCEL
NO. 650-241-01 (STONERIDGE ESTATESIHOCKEMA)
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Swerdlin Gelff
and Mayor Hart
NOES: None
ABSENT: None
The City Clerk was directed to forward the Resolution and Easement Deed to the
Orange County Recorder's Office.
3. VACATION OF ACCEPTED AND UNACCEPTED IRREVOCABLE OFFERS
FOR EQUESTRIAN TRAIL PURPOSES WITHIN 32241, 32221, 321.9.1,
32151, 32141, 32121 AND 32101 COOK LANE (COOK LANE WEST TRAIL)
670.50
Proposal:
Hearing held to consider vacating accepted and unaccepted Irrevocable Offers for
equestrian Trail Purposes along Cook Lane. Irrevocable Offers of Dedication over
the first seven lots along Cook Lane were never accepted; the Irrevocable Offers of
Dedication over the additional seven lots were accepted, but the trail was not
improved. The Equestrian Commission had reviewed the trail in 1992 for possible
improvement; however, improvements had been installed within the Offer area and
residents did not wish to remove the improvements or imnrc a the trail. The
Equestrian Commission had recommended abandonment of the trail provided
alternate easements for access to the Peppertree Bend Trail was obtained. The
easements have been obtained and recorded.
CC Minutes
-8- 02/06/01
293
Written Communications:
Report dated February 6, 2001, from the Engineering and Building Director,
recommending that the accepted and unaccepted Irrevocable Offers for Equestrian
Trail Purposes be vacated to the underlying property owners along Cook Lane.
William Huber, Engineering and Building Director, made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Hart opened the public hearing,
and there being no response, closed the hearing with the right to reopen at any time
Vacation of Irrevocable Offers for Equestrian Trail Purposes:
It was moved by Council Member Swerdlin, seconded by Council Member Greiner
that the following Resolution be adopted:
RESOLUTION NO. 01-2-6-7 VACATION OF ACCEPTED AND
UNACCEPTED IRREVOCABLE OFFERS FOR EQUESTRIAN TRAIL
PURPOSES - COOK LANE - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, VACATING ACCEPTED AND UNACCEPTED
IRREVOCABLE OFFERS FOR EQUESTRIAN TRAIL PURPOSES
WITHIN ASSESSOR PARCELS 673-061-38, -39, -40, -44, -46, -49
AND -50 (32241, 32221, 32191, 32151, 32141 32121 AND 32101
COOK LANE)
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Swerdlin Gelff
and Mayor Hart
NOES: None
ABSENT: None
The City Clerk was directed to forward the Resolution to the Orange County
Recorder's Office.
RECESS AND RECONVENE
Council recessed at 8:15 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 8:20
p.m.
CC Minutes -9- 02/06/01
294
ADMINISTRATIVE ITEMS
ENGINEERING AND BUILDING DIRECTOR
APPROVAL OF REQUEST BY SUNCAL TO RESUME GRADING WITHIN THE
VIA LA MIRADA LANDSLIDE CLEAR ZONE (AL ZONE) FOR THE _PACIFIC
POINTE PROJECT (VESTING TENTATIVE TRACT 14196) (420.401
Council Member Bathgate advised she would not vote on this item due to a conflict
of interest. Council Member Gelff advised he would not vote on this item since he
was not a member of the City Council when the original incident occurred. Both
Council Members left the Chamber.
Written Communications:
(1) Report dated February 6, 2001, from the Engineering and Building Director,
advising that the Developer had requested permission to resume grading
within the AL -Zone of their project. The Report further noted that the City
Attorney had advised that the City must legally allow the proposed
resumption of grading if the grading activity was consistent with the approved
tentative map and if the resumption of grading could be deemed geologically
safe. The Report set forth the various issues analyzed by staff in assessing
the request.
(2) Letter dated February 5, 2001, from Jack Lucas, Attorney at Law, 2102
Business Center Drive, Suite 180-A, Irvine, 92612, asking the City to demand
that the Meredith Canyon landslide be stabilized and repaired prior to
resuming grading or development.
A map showing the AL Zone was on display. Bill Cotton of Cotton, Shires and
Association, the City's geotechnical consultants, gave an oral presentation. Using
view graphs, Mr. Cotton discussed the condition of the site and the plans for
resuming grading.
Public Input:
1. Richard Hill Adams, 33532 Forster Ranch Road, indicated he was speaking
on behalf of the McCracken Hill residents. He presented pictures and related
a number of issues concerning the condition of the area since SunCal
discontinued grading. He asked that when grading starts, SunCal provide
more dust control; that SunCal perform week control; that the 6 -ton limit sign
be replaced; that trash and debris be removed; and, that the road
maintenance agreement be enforced. He asked that SunCal's request be
approved subject to SunCal rebuilding Valle Road from the City road to the
private homes and that the homeowners be given the ability to pay for paving
of the remainder of the road at SunCal's cost for supplies. He asked that
SunCal be required to bench and fill a 10 -foot shoulder, remove sinkholes,
grade the land and provide a drainage system. He asked for a formal
agreement for continued maintenance of the roadbed.
CC Minutes -10- 02/06/01
295
2. Brett Trowbridge, 26952 Via La Mirada, stated his home was one of the "red -
tagged" homes. He stated he would like to move back into his home and
would like to compel the City to find a way for the area to be stabilized for the
benefit of all involved; further, He asked that Council Members hold off on the
recommendation until that had been done. He discussed what he felt with
the city's legal, civic and moral responsibilities and presented the letter dated
February 5, 2001, from Jack Lucas.
3. Vivienne da Costa, 33801 Valle Road, described the impacts of the stockpile
in front of her home and asked that it be removed prior to resuming grading.
Council Comments:
Council Members Swerdlin inquired regarding the measures that will be taken to
prevent the dust problems addressed by the residents. William Huber indicated a
number of controls will be put in place. The City Manager advised that weed
abatement should be taken care of immediately and that staff would provide a
response to Mr. Adams regarding his requests. Mayor Hart requested that staff work
to get the weed and dust problem handled as quickly as possible.
Approval of Request to Resume Grading:
It was moved by Council Member Swerdlin, seconded by Council Member Greiner to
approve the request by SunCal to resume grading in the Via La Mirada Landslide
clear zone (AL -Zone); and, to allow no grading within 200' of the toe of the slope of
the Meredith Canyon/Alto Capistrano Developments (Via La Mirada and Avenida
Calita) until after April 15, 2001.
The motion carried by the following vote:
AYES: Council Members Greiner, Swerdlin
and Mayor Hart
NOES: None
ABSENT: Council Members Bathgate and Gelff
Council Members Bathgate and Gelff returned to the Chamber.
CITY MANAGER
APPROVAL LICENSE AGREEMENT WITH CAMP COOKIE FOR
CHILDREN INC. FOR USE OF A PORTION OF NORTHWEST OPEN
SPACE 600.30
Written Communications:
Report dated February 6, 2001, from the City Manager, forwarding a License
Agreement for use of that portion of the Northwest Open Space designated in the
Master Plan for the Fran Joswick Therapeutic Riding Center. The Report advised
that the Fran Joswick Center had made arrangements to remain at their present
location permanently: therefore, the site was available for other uses. Camp Cookie
CC Minutes -11- 02/06/01
296
proposed to provide equestrian programs to promote self-esteem and confidence for
children in protective custody at County emergency facilities. The agreement
proposed no license fee in consideration of the public benefit; however, Camp
Cookie would be responsible for the cost of providing utilities or other improvements
and would be required to obtain appropriate City land use entitlements and permits.
George Scarborough, City Manager, made an oral presentation and recommended
approval of this item with the modification that the level of insurance be reduced to
$1 million.
Public Input:
(1) Dean Daggett, Attorney for Camp Cookie, P. O. Box 1434, San Juan
Capistrano, expressed his appreciation of the City's support of Camp Cookie,
but added he would like to increase the 10 -year term of the agreement to 15
years and increase the length of the termination notification from 12 months
to 36 months. He indicated these changes would be more conducive to
soliciting donations.
Council Comments:
Discussed ensured regarding Mr. Daggett's requests. Council concurred in their
support of the proposal. The City Manager advised that in light of time constraints,
the agreement could be approved at this time and modified at a later date.
Approval of License Agreement:
It was moved by Council Member Bathgate, seconded by Council Member Greiner
and unanimously carried to approve the License Agreement with Camp Cookie for
Children, Inc., for a 10 -year period, with the modification that the level of insurance
be reduced to $1 million, and with understanding staff and Camp Cookie will work
together regarding modifications to the term and the termination clause of the
agreement for future Council approval.
PLANNING DIRECTOR
APPROVAL OF PROJECT TO INSTALL PUBLIC RESTROOMS AT THE
HISTORIC TOWN CENTER PARK LOCATED ALONG THE EAST SIDE OF
EL CAMINO REAL BETWEEN THE BLAS AGUILAR ADOBE AND
FORSTER STREET CIP NO. 460 600.30
Written Communications:
Report dated February 6, 2001, from the Planning Director, advising that the
Community Redevelopment Agency proposed to build a 160 -square -foot, pre-
fabricated, wood frame public restroom facility at the Historic Town Center Park.
The Report described the project and recommended approval.
A site map and color palette were on display.
Approval of Mitigated Negative Declaration/P_roiect:
It was moved by Council Member Bathgate, seconded by Council Member Swerdlin,
that the following Resolution be adopted:
CC Minutes -12- 02/06/01
297
RESOLUTION NO. 01-2-6-6, APPROVING PRELIMINARY PLANS -
HISTORIC TOWN CENTER PARK PUBLIC RESTROOM - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION AND APPROVING PRELIMINARY IMPROVEMENT
PLANS FOR A PUBLIC RESTROOM FACILITY LOCATED AT THE
HISTORIC TOWN CENTER (HTC) PARK ALONG EL CAMINO
REAL AND MORE PRECISELY REFERRED TO AS ASSESSOR'S
PARCEL NUMBER 124-160-12 (HISTORIC TOWN CENTER
RESTROOM/CIP NO. 460)
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Swerdlin, Gelff
and Mayor Hart
NOES: None
ABSENT: None
ORDINANCES — None
COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES
a. Library Advisory Board (950.20)
Council Greiner Bathgate advised that Council Member Bathgate would be
his replacement on the Library Advisory Board. Council Member Bathgate
noted that the Board expressed their appreciation for Council Member
Greiner's work.
b. Orange County Vector Control District (560.50
Council Member Swerdlin reported that the Red Fire Ants were the "Vector of
the Month."
COUNCIL COMMENTS:
Appreciation 610.40
Council Member Gelff expressed his appreciation to staff and Council Members for
their support.
CC Minutes -13- 02/06/01
298
OFF -AGENDA ITEM
ADOPTION OF A RESOLUTION APPROVING AN EXCEPTION TO THE
CITY'S FIRST-TIME HOMEBUYER PROGRAM RULES AUTHORIZING
THE FIRST MORTGAGE LENDER TO USE A 30 -YEAR VARIABLE RATE
LOAN (LETICIA MURRAY) (430.30)
Finding for Consideration_ of Off -Agenda Item:
It was moved by Council Member Swerdiin, seconded by Council Member Greiner,
and unanimously carried to find that this item was not available prior to publication of
the Council agenda and consideration was necessary at this time.
Written Communications:
Report dated February 6, 2009, from the Planning Director advising that the
applicant, Letitia Murray, submitted an application for assistance through the City's
First -Time Homebuyer Program. The City's program rules require a 30 -year fixed
mortgage loan; however, due to the applicant's credit rating the bank would not
approve the required loan. The bank will approve a 30 -year fixed loan with a
cosigner; the applicant had obtained a co-signer. In order to proceed with closing on
this property, City Council authorization is required.
Approval of Resolution
It was moved by Council Member Swerdlin, and seconded by Greiner, that the
following Resolution be adopted:
RESOLUTION NO. 01-2-6-9, APPROVING AN EXCEPTION TO THE
CITY'S FIRST-TIME HOMEBUYER RULES - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO
AUTHORIZING THE FIRST MORTGAGE LENDER TO USE A 30 -
YEAR VARIABLE RATE LOAN FOR LETITIA MURRAY
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Swerdiin, Gelff
and Mayor Hart
NOES: None
ABSENT: None
CC Minutes -14- 02/06/01
299
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:17
p.m., to the next regular meeting date of Tuesday, February 20, 2001, at 5:30 p.m., in the
City Council Chambers.
Respectfully submitted,
(�h �X'-o3
CHERYL JO ON, CITY CLERK
ATTEST:
VVYAPr HART, MAYOR
CC Minutes -15- 02/06/01