69-0922_CC_Minutes_Regular Meeting163
Minutes of the Meeting of the City Council of San Juan Capistrano
SEPTEMBER 22, 1969
The regular meeting of the City Council was called to order
by Mayor Edward S. Chermak at 7:00 P.M.
The pledge of allegiance was recited. Invocation was given
by the City Attorney, John Dawson.
The City Clerk called the roll. Councilmen present; William
A Bathgate, Don Durnford, Thomas A. (Tony) Forster, Antonio M.
(Tony) Olivares and Edward S. Chermak.
There was a correction to the minutes of September 8th, 1969
under written communications, Item (g) - (spelling correction) -
Mr. Thomas E. Heffernan. The minutes of the regular meeting of
September 8th, 1969 were then approved as corrected.
STAFF REPORTS
City Administrator - Ernest A. Thompson
(a) Reported that the appraisals for the school site by both
the school district and the City are fairly close together.
(b) There are no items on the Orange County Board of Supervisors
within the City regarding mobilehome parks - as well as the
one sent to City Hall with added remarks.
(d) The newly acquired park site has been posted with City
property signs and notices to "Keep Out". The Director
of Public Works will report with regards to the water
situation on the property.
City Attorney - John Dawson
(a) Made suggestion that the Council advance the date of filing
of items for the agenda from noon Thursday, prior to the
following Monday meeting, to 5:00 P.M. Monday, in order that
the Council, may have more time to study the issues on hand.
Also, the City Planner could furnish the Commissioners with a
set of the Council Minutes when the Planning Commission meets on
the first and third Tuesdays of the month. Councilman Forster
moved, seconded by Councilman Bathgate to have the filing date
for items to be brought before the Council changed from noon
Thursday to 5:00 P.M. Monday, carried unanimously.
Agenda with regards
to
any City matters.
(c)
Made recognition of
the
circular distributed door to door
within the City regarding mobilehome parks - as well as the
one sent to City Hall with added remarks.
(d) The newly acquired park site has been posted with City
property signs and notices to "Keep Out". The Director
of Public Works will report with regards to the water
situation on the property.
City Attorney - John Dawson
(a) Made suggestion that the Council advance the date of filing
of items for the agenda from noon Thursday, prior to the
following Monday meeting, to 5:00 P.M. Monday, in order that
the Council, may have more time to study the issues on hand.
Also, the City Planner could furnish the Commissioners with a
set of the Council Minutes when the Planning Commission meets on
the first and third Tuesdays of the month. Councilman Forster
moved, seconded by Councilman Bathgate to have the filing date
for items to be brought before the Council changed from noon
Thursday to 5:00 P.M. Monday, carried unanimously.
b, In response to the question of what can be done to review
the status of mobilehome parks - stated that it is not only
proper but advisable for the Council to make an indepth
study.
c) Mr. Singer of the Orange County Flood Control District sub-
mitted a contract to him for the proposed agreement con-
cerning the Ross pipeline and well. He has also had dis-
cussion with Mr. Roger Howell, attorney for the Ross family,
and in substance recognizes the fact that the cost factor
is an estimated $6,100 to furnish an alternate source of
water to the Ross property so the Corps. of Engineers can
procede with their work in tearing down what remains of the
existing Ganado Bridge. Councilman Forster expressed the
point that he felt the City should not have to absorb this
total amount of $6,100 as it also includes back taxes which
the City is not responsible for. Staff was directed to make
a study to determine the actual cost of what the City's
involvement should be.
Director of Public Works - T. J. Meadows
(a) Reported on the Griffith Company starting work on the im-
provement of city streets.
(b) Reported on the response he has received re: the property
owners consent to have the frontage road paved and gave a
cost breakdown of $8,931. Lengthy discussion followed with
reference to the City acting as an agent for the Griffith
Company to the property owners for the work performed. Mr.
Iddings was recognized by the Council and stated that any
new contract negotiations would be futile. City Attorney
suggested drawing up a contractural agreement to deal with
the individual property owners. Resolution No. 69-9-22-1
was introduced by Councilman Forster for the City to act as
agent for property owners in connection with the pavement of
the 30 foot parking reservations shown on Tract No. 1269 and
1388 and to have a copy of this resolution along with a cover
letter sent to these property owners. Roll call was taken -
AYES: Councilmen Forster, Bathgate, Durnford, Olivares and
Chermak. NOES: None. ABSENT: None.
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(c) Bids will open October 10111, 1969 at 11:00 A.M. for the
demolition and removal of improvements of the Camino
Capistrano Bridge at Trabuco Creek.
(d) The City's newly acquired park site has a considerable amount
of water system problems, along with other problems.
Recommendation was made at this time to have the entire site
fenced after removal of the dead trees is taken care of.
Discussion centered around the importance of having a care-
taker on the premises. Rita Nieblas of the San Juan
Capistrano Community Center stated at this time to the Council
that the Center has a couple lined up for this occupancy.
Mayor will appoint an advisory committee which could become
a Parks and Recreation Committee.
City Engineer - Jack Y. Kubota
(a) Reported on the recent construction sites in progress.
9_oZo2 L. 1. Capistrano Mobilehome Pageant is almost finished.
2. The Capistrano Mobilehome Park is nearing completion.
Recommended to the Council that it accept 3 easement
deeds for LUP 68-111 from Dr. Watkins. The three
instruments were - (a) right of way for Ave. Aeropuerto,
(b) temporary right of way for turn around at westerly
terminus of Ave. Aeropuerto, and (c) irrevocable offer
for right of way for new street parralling flood channel.
Resolution No. 69-9-22-2 was offered by Councilman
Bathgate for acceptance and recordation of the two
documents (a) and (b) and item (c) will be reviewed to
conform to City Attorney's recommendation. Roll call
was taken - AYES: Councilmen Bathgate, Durnford, Forster,
Olivares and Chermak. Noes: None. Absent: None.
(b) Division of Highways staff met Mr. Meadows and himself and
informed him of the landscaping plan that wi.11 be started
next year for part of the City, from Junipero Serra to
southeast of San Juan Creek Road. There will be landscaping
at all the interchanges under a planned budget program for
1970-71.
COMMITTEE REPORTS
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City Hall Facility Report
Councilman Bathgate reported on the proposal submitted by
Arthur Lavagnino, A.I.A. re: City Hall facility. There were no
basic objections to the scope of work involved and no reason to
oppose the agreement as presented.
was agreed to by the City Engineer
The need of a grading plan
Councilman Forster moved to
accept the architectural services of Mr. Lavagnino for the planned
city hall facility, seconded by Councilman Bathgate, carried
unanimously. Councilman Forster also stated he would like the
record to feflect there is no conflict of interest in retaining
Mr.
Lavagnino as the architect for the city hall facility.
WRITTEN COMMUNICATIONS
(a)
Letter from
Southern California Association of
Governments
re: imports
of low sulphur content oil. Staff
will make
inquiry from
S.C.A.G. - discussion referred to
later date.
(b)
Letter from
the Chamber of Commerce urging the
City to do
whatever it
can to alleviate the smog situation.
(c)
Letter from
Congressman George Brown regarding
the smog and
air pollution from the automobile industry and urging the
appeal of the decision to settle out of court. Councilman
Forster at this time stated his recommendation that the City
go on record to upholding Congressman Brown's appeal.
Resolution No. 69-9-22-3 offered by Mayor Chermak protesting
the recent decree to settle out of court a suit charging that
the four major U.S. automakers conspired to delay the intro-
duction of effective anti -pollution control devices. Accepted
and approved by unanimous vote.
(d) Letter from United Givers - A.I.D. After brief. discussion,
City Engineer brought out the fact that the intent of this
organization is for employee participation rather than
solicitation of funds from the City. Mayor made suggestion
that this item be brought back on the agenda.
(e) Letter from Kinoshita Farms with reference made to the drainage
of Tentative Tract 6788 (Birtcher). City Engineer made comment
on the problems of excess water, however, in terms of compre-
hensive drainage, a study of this situation is now in progress
and will be ready by December. Councilman Durnford stated he
9-i -69
(f)
164
felt we should follow all recommendations of the City
Engineer. The City Engineer and the Director of Public
Works would like to accept Mr. Kinoshita's invitation to
see where the problems exist. The Mayor at this time
pointed out that it basically is not the Council's position
to take care of individuals' property problems of water
runoff. The point of issue was clarified by Mr. Kinoshita
that he was not at the meeting to complain, but rather to
inquire what the overall plan for getting rid of drainage
water when new developments come in.
Letter from Transportation Association of Southern California,
(TASC) with resolution attached regarding public hearings.
No comments made at this time.
TREASURY DEMANDS
(a) Question was raised as to the format change in the list of
demands. Councilman Bathgate moved, seconded by Councilman
Durnford, to grant Warrant numbers 4573 through 4663, in the
amount of $34,914.43 be paid - motion carried unanimously.
(b) Letter of recommendation for establishing a separate bank
account for (1) payroll, and (2) 1911 Act Improvement, sub-
mitted by the Finance Director. Councilman Durnford offered
Resolution No. 69-9-22-4, to uphold recommendation of Finance
Director and to authorize signature cards be signed for the
new accounts. Roll call was taken - AYES: Councilmen Durnford,
Bathgate, Forster, Olivares and Chermak. NOES: None. ABSENT:
None.
PLANNING COMMISSION MATTERS
Councilman Bathgate questioned conditions which are approved
by general statement rather than being enumerated and included
in the official proceedings of the Planning Commission. City
Attorney offered legal opinion re: the effective date for
commencement of appeal period is the date that the Planning
Commission conditions a permit.
NEW BUSINESS
(a) Letter from Department of Transportation and Communications
recommending proposal "A" submitted by R.C.A. for the City's
mobile units. Councilman Bathgate motioned to authorize the
(b)
(c)
lease be executed with R.C.A., seconded by Councilman Durnford,
carried unanimously.
Subdivision Tentative Tract #6969 - Mr. Sant was recognized by
the Council with regards to getting final approval. on his Tract
6969. Lengthy dissertation followed. Mr. Sant voiced his
opinion as to how he felt this situation to be riduculous in
that he felt and had been led to believe everything was in
order for final approval. After the verbal attack by Mr. Sant,
directed to the City Engineer, Mr. Kubota simply stated that
according to Mr. George Osborne of the Orange County Flood
Control District, the land is subject to inundation by flood
waters. Mr. Sant recountered with, "the storm would have to
be a winner". The discussion resolved to a deferment of any
action pending fulfillment of several contingent conditions.
Letter received from G. R. Durenberger, Chairman of the San
.Juan Beautiful Committee in relation to the concern of a portion
the community expressing their opposition to any more mobile -
home parks getting approval to be built within the city limits.
Serious question was raised as to whether or not the City could
impose a more stringent control on the mobilehome units. Lengthy
discussion ensued.
Mr. John Luhnow was recognized by the Council and submitted
various survey reports with regards to the mobilehome tax rate
being lower. He also suggested a use tax be imposed on mobile -
homes to offset this imbalance. Mr. Mike Regan was also recognized
by the Counci_1 and expressed his viewpoint that he is not opposed
to mobilehomes but rather the encroachment of so many. Also
stated that the number of approved units now stands at 578 and
how many more will there be.
It was suggested at this time that a five man commission be
appointed to make a study on the mobilehome situation and report
to bhe Council its findings. Also, that a moratorium be imposed
until such time as the study is completed. This brought out much
discussion. Councilman Bathgate brought out the point that the
City is predicated on growth with definite commitments such as
water and sewers to pay for. Posed the question that if in fact
a moratorium were imposed, where would the City derive a large
portion of its income.
169
Mr. Rick Baldino was recognized by the Council and proceeded to
correct many of the points with reference to financing, the caliber
of people who purchase mobilehomes, the taxes involved and the 1%
sales tax which automatically goes to the City. Also explained
the difference between a long term and short term mobilehome park.
Mr. Bob McCul.lum, a member in the audience, reiterated the general
feeling of the majority of the people present as to their opposing
any more mobilehome parks. Mr Bob Lyons addressed the Council and
gave a comparison of what happens to the landvalue surrounding
trailers parks as he had witnessed it in the midwest. Mr. Ron
Broaddus addressed the Council and pointed out the facts of the
Irvine Company and Mission Viejo having a proposed plan for con-
struction of 1,000 and 600 spaces for mobilehome parks, respectively.
Also, stated facts re: tax and improvements. Mr. Douglas Walton
addressed the Council and questioned what percentage of the adults
in the mobilehome parks have a voice in voting for or against any
school issues or school bonds.
Mrs. Sanborn, a member of the audience, wanted to know who votes for
school bonds. Discussion followed between Mrs. Sanborn and Mr.
Baldino.
Mayor suggested at this time that any interested people in the
community so to the Planning Commission meetings where all such
issues have their beginning. City Planner commented this would be
a good idea for making suggestions to the Planning Commission.
Councilman Forster made a motion to allow the Mayor to appoint a
five (5) man committee to work with the Planning Commission to
make an "in-depth" study of the mobilehome park situation, as it
may affect the city economically and socially. Said committee
appointment to be approved by consent of the City Council. Also,
the committee is to report its findings and recommendations within
six (6) months, or sooner if possible.
Further, no variance applications will be received or processed
until determination is rendered, based upon the report.
Motion seconded by Councilman Bathgate, carried and so ordered.
ADJOURNMENT:
The meeting adjourned at 11:07 P.M
R f 1� s fitted,
i y y Clerk- Admini trator
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