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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. 165 (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 166 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 9- -;-1-&9