83-1108_CC_Minutes_Adjourned Regular MeetingNOVEMBER 8, 1983
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of
San Juan Capistrano, California, was called to order by Mayor
Bland at 7:04 p.m., in the City Council Chamber.
ROLL CALL PRESENT: Anthony L. Bland, Mayor
Gary L. Hausdorfer, Mayor pro tem
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilme.n
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; James S.
Okazaki, City Attorney; Mary Ann Hanover, City Clerk; Cheryl
Johnson, Recording Secretary.
COUNCIL ACTIONS
1. CONTINUATION OF MOBILE HOME PARK REVIEW COMMITTEE
RECOMMENDATIONS (SAN JUAN MOBILE ESTATES
(23) This item was continued from the meeting of October 25,
1983.
Written Communications:
(1) Report dated November 8, 1983, from the Secretary of
the Mobile Home Park Review Committee, forwarding a
letter dated November 7, 1983, from Frank Bailey,
Chairman of the San Juan Mobile Estates Board of
Directors, outlining the proposal for negotiated
settlement of the Petition and advising that the
settlement was approved by 257 residents and rejected
by 14 residents.
(2) Report titled "In re San Juan Mobile Estates, Findings
and Decision," submitted by Howard A. Parelskin,
Attorney at Law, Baresh & Hill, One Century Plaza, 2029
Century Park East, Suite 2050, Los Angeles 90067.
Mayor Bland noted that action had been deferred due to
continuing negotiations by the parties involved.
The following persons addressed Council:
(1) Frank Bailey, 32302 Alipaz Street, Space 286, advised
that the settlement had been approved by a majority of
the Park Residents and requested ratification by
Council.
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(2) Howard Parelskin cited his report of Findings which
affect the agreement and suggested that it would be
appropriate to take action to confirm the agreement.
He further suggested that provisions are needed to more
clearly define a modified CPI.
(3) Stewart Parker, Attorney at Law, 15751 Brookhurst,
Suite 201, Westminster 92683, advised that he did not
concede that what had been agreed upon was justified
under the Ordinance; that it was the product of a fair
compromise. He further advised that once the
settlement is finalized, the Petition would be
withdrawn.
Mr. Parelskin stated concerns that withdrawal of the
Petition was not provided for in the Ordinance and
stated his desire to protect the integrity of the
agreement, since it had not been accepted by all of the
Park Residents.
Council Discussion:
The City Attorney requested continuation of the matter to the
next meeting in order to review the submitted material.
Councilmen Friess and Buchheim concurred on the need to have
a signed statement from both parties indicating that the
terms and conditions of the agreement were acceptable.
Councilman Friess further stated that if Council is required
to rule on the fairness of the increase, he would request a
full hearing to evaluate all information that has been
presented.
Continuation to November 15, 1983:
With the concurrence of Council, Mayor Bland directed that
the item be continued to the meeting of November 15, 1983,
as the first item on the Agenda.
RECESS AND RECONVENE
Council recessed at 7:20 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency.
CLOSED SESSION
Council reconvened to a Closed Session at 7:21 p.m., for
discussion of legal matters, the City Clerk being excused
therefrom, and reconvened at 7:49 p.m., with Councilman Schwartze
absent.
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ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 7:50 p.m., to the next regular meeting date of
Tuesday, November 15, 1983, at 7:00 p.m., in the City Council
Chamber.
ATTEST:
ANTHONY L. BLAND, MAYOR
Respectfully submitted,
MARY ANN OVE , CITY CLERK
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