Resolution Number 97-7-15-6os1
RESOLUTION NO. 97-7-15-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, OPPOSING PLAN OF CERTAIN JUANENO
BAND INDIANS TO CONSTRUCT A CASINO WITHIN OR IN PROXIMITY TO
THE CITY OF SAN JUAN CAPISTRANO
WHEREAS, the Los Angeles Times, on July 5, 1997, reported that certain members
of the Juaneno Indian Tribe had secretly entered into an agreement with casino -type gaming interests
calling for the construction of a casino on twenty (20) acres of land to be acquired by the Tribe on
land located within or about the City of San Juan Capistrano; and,
WHEREAS, the Juaneno Indian Tribe has not been formally recognized by the United
States Department of Interior; and,
WHEREAS, the Los Angeles Times further reported that Directing Attorney for the
California Indian Legal Services has opined in March 1997 that these subject agreements are unlawful
as they are in violation of Federal law (Indian Gaming Regulatory Act, 25 USC 2701 et seq.); and,
WHEREAS, the Indian Gaming Regulatory Act requires that any proposal by a
recognized Indian Tribe to acquire land for the purpose of constructing a gaming facility must receive
approval from the Secretary of the Department of Interior and consent by the Governor of the State
of California; and,
WHEREAS, the Secretary of Interior may not approve of Indian acquisitions of land
for gaming facilities without making a finding that the proposal will not be detrimental to the
surrounding community.
NOW, THEREFORE, BE TT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby strongly oppose any proposed acquisition of land for gaming facilities
by one or more members of the Juaneno Indian Tribe, or the Tribe itself, for the following reasons:
SECTION 1. Adverse Crime Impacts.
Gaming casinos have been found to generate a pattern of crimes, as documented by
an April 1993 study by the Orange County Sheriffs Department and the Orange County District
Attorney's Office, consisting of. follow -home robberies, loan sharking, money laundering, money
skimming, bookmaking extortion, gang influences, alcohol and narcotic abuse, prostitution and crimes
involving compulsive gamblers.
This prevalent crime pattern would clearly pose a public health and safety threat to
San Juan Capistrano citizens in that any available vacant 20 -acre plus parcel within the City would
border adjoining residential neighborhoods.
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SECTION 2. Adverse Planning and Zoning Impacts.
The following Planing and Zoning adverse impacts would be occasioned by a twenty
(20) plus acre casino project:
A casino project directly conflicts with the City's General Plan which calls for
a "Village -like, Semi -Rural Community":
-- A twenty -acre project within the City or immediately adjoining the City would
be incompatible with residential subdivisions. This incompatibility arises from
the fact that remaining vacant 20 -acre pieces either adjoin or are in close
proximity to existing residential subdivisions. This incompatibility would
cause zoning conflicts and nuisances, such as:
1. Noise impacts.
2. Traffic congestion.
3. Lighting and glare impacts.
4, Aforementioned crime impacts.
SECTION 3. Adverse Aesthetic Impacts.
The following adverse aesthetic impacts would arise from a casino project:
The project's need for commercial signage and lighting would create a harsh
commercial aesthetic blight upon the community.
2. Such a project would result in the construction of monolithic structures.
Would result in ugly, large blacktop park areas.
SECTION 4. Adverse Traffic Impacts.
The following adverse traffic impacts would arise from the project:
Traffic congestion on significant City streets, some of which are already
overburdened by street traffic.
2. An increase in traffic noise.
SECTION 5. Adverse Impact on Public Services.
Such a project would substantially deplete existing police, fire, and public facilities
services of the City without fiscal contribution from the Proposer.
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SECTION 6.. Adverse Historic/Archaeological Impacts.
Such a project would have possible adverse effects on existing Indian burial grounds
and generally conflict with the City's commitment to historic preservation of Indian culture and the
heritage of the Mission San Juan Capistrano.
PASSED, APPROVED, AND ADOPTED this 15th day of
July , 1997.
ATTEST:
CITY CLE
DAVID M. SWERDLIN, MAYOR
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
97-7-15-6 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 15th day of July 1997, by the
following vote:
AYES: Council Members Jones, Greiner, Hart, Campbell
and Mayor Swerdlin
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNIOON,tITY CLERK
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