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03-0519_CC_Minutes_Adjourned Regular MeetingMINUTES May 19, 2003 Adjourned Regular Meeting SAN JUAN CAPISTRANO CITY COUNCIL CLOSED SESSION (610.85) None 6:00 P.M. BUSINESS SESSION Mayor Gelff called the Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California, to order at 6:05 p.m. in the City Council Chamber. Council Member Wyatt Hart let the Pledge of Allegiance to the Flag and Council Member David Swerdlin gave the Invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Wyatt Hart, Diane Bathgate, David M. Swerdlin, Mayor pro tem Soto, and Mayor John S. Gelff. COUNCIL MEMBERS ABSENT: None STAFF PRESENT: George Scarborough, City Manager; John Shaw, City Attorney; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and Building Director; Dawn Schanderl, Deputy City Clerk; and Maria Guevara, Secretary. ORAL COMMUNICATIONS: None C. ADMINISTRATIVE ITEMS ORDINANCE 878 ADOPTED REPEALING ORDINANCE 868 AND AN IMPLEMENTATION AGREEMENT BETWEEN THE CITY AND PUEBLO SERRA LLC; AND ORDINANCE NO. 879 ADOPTED ADOPTING THE JSERRA EDUCATION INITIATIVE (630.20) Project Description: One October 15, 2002, the City Council adopted Ordinance No. 868 adopting the JSerra Initiative pursuant to Elections Code Section 9214. The Council also approved an implementation agreement related to this initiative. The Native American Sacred Site and Environmental Protection Association and other filed a lawsuit in Superior Court in the County of Orange. As a result of the litigation, the trial court issued an order a judgment in which the court directed the City to set aside all approvals associated with the adoption of the JSerra Initiative. The court found that while the Council's adoption of the JSerra Initiative did not per se violate the California Environmental Quality Act, the act of approving an implementation agreement constituted a de facto substantive City Council Minutes 1 5-19-03 Revised Minutes Approved 8-8-03 amendment of the initiative. The court concluded that this agreement, acting as a defacto amendment of the initiative, violated Elections Code section 9214. The City Council will consider the following: (1) Repeal the Council's prior adoption of the JSerra Initiative, Ordinance No. 868, and the implementation agreement; and review and consider whether to either re -adopt the JSerra Initiative by ordinance, or, in the alternative, place the initiative on an election ballot. Written Communication: Report dated May 19, 2003, by John Shaw, City Attorney. Letter dated May 10, 2003, from Erin Kutnick, City resident, opposed to the JSerra project. Letter dated May 16, 2003, from Marian Walkingstick, City Resident, supporting placement of the JSerra Initiative on the election ballot. Letter dated May 11, 2003, from Larry Buchheim, Buchheim Family Trust, expressing Buchheim Family's support of the JSerra project. Letter dated May 14, 2003, from Sylvia Mendivil Salazar, Coordinator -Catholic Ministry with the Native American Ministry, Archdiocese of Los Angeles, opposed to a private Catholic high school on Sacred Indian ground. Presentation: John Shaw, City Attorney, reviewed the legal aspects and Thomas Tomlinson, Planning Director, reviewed the various impacts of the initiative and gave a general review of the planning analysis. Mayor Gelff reviewed the different types of land uses that, over the past three years, have been associated with this particular site. Public Comment: John Ramirez, on behalf of JSerra, supported the adoption of the initiative and looked forward to working with staff to mitigate any impacts. Damien Shilo, Chairman of the Juaneno Indian Tribe, and Steve Quevedo, City resident, felt the election code and CEQA regulations had been violated. Tammy Kurcz, Laguna Beach, requested that the issue be placed on the ballot. John Wilson, Anaheim, spokesperson for the tenants of the ground lease, stated there was legal action against Pueblo Serra and requested that the City not to take any action until the courts made a decision. City Council Minutes 2 5-19-03 Revised Minutes Approved 8-8-03 Andi Culbertson, city resident, felt the JSerra project had bypassed representative government and the entitlement process. She requested the item be placed on the ballot. Michelle Flores, city resident, supported placing item on the ballot Claire Cesareo-Silva, Professor of Anthropology, Saddelback College, opposed the project as it is disrespectful to the Native Americans. Dr. Eleanor Robbins, La Mesa, felt the sacred status and soil contamination from adjacent land uses were problematic for the proposed development. Bob Lacross, city resident, supported alternatives to commercial use of the site, suggesting a cultural center. Gail Prothero, city resident, expressed concern that proposed General Plan amendments would negatively impact the city. Bonnie Sharpe, Placentia, representing Serra Club — Los Angeles Chapter, felt the site history deserved special attention and requested project be placed on the ballot. Kurt Chavez, Montebello, Tribal Archeologist Monitor, reviewed the site history. Lisa Rosen, Seal Beach, urged preservation of the site. Joyce Stanfield Perry, Irvine, Tribal Manager of the Juaneno Band of Indians, supported the project and listed efforts of JSerra to honor the tribe. Rachel Myers, Studio City, Sierra Club — Orange County, felt three council members had conflicts of interest due to receipt of campaign contributions. Wendy Braffman, city resident, supported placing the issue on the ballot. Doug Korthof, Seal Beach, supported placing the issue on the ballot. Michael Merrifield, Mission Viejo, Tribal Anthropologist, supported placing the issue on the ballot. Lon Uso, city resident, asked Council to find a compromise solution. Jacque Nunez, city resident, asked that Council place the item on the ballot. Margaret Olinger, Irvine, felt better analysis of impacts was warranted. Paula Steinborn, city resident, supported placing the issue on the ballot. City Council Minutes 3 5-19-03 Revised Minutes Approved 8-8-03 Rebecca Robles, San Clement, said the site is an important and unique sacred site. Jerry Nieblas, city resident, supported the JSerra project and their promise to preserve the burial area. Rick Mendex, Capistrano Beach, requested preservation of the village site. Steven Queveto, city resident, opined that the court rules that the city violated CEQA and the Election Code. Lucienne Austin, city resident, felt that traffic issues and the concerns of the Native Americans were addressed by the JSerra project and supported it. Ted Stroscher, city resident, supported the JSerra project. Tony Forster, city resident, stated the school was a less intensive use and supported the rights of private property owners. David Belardes, Chief of the Juaneno Indian Tribe, supported JSerra and stated that the burial ground could be capped and the Acjachemen culture could be preserved in the city. Council Comment: Council Member Swerdlin stated that if the site had been City property he would support placing the issue on the ballot, but it is private property, subject to environmental review and CEQA regulations. He supported the JSerra Initiative as it is a more suitable project than the previous alternatives, a hotel and office complex. Council Member Hart supported the JSerra Initiative stating that he had tremendous respect for the Juaneno Indian tribe and encouraged JSerra and the Juaneno's to work together. Council Member Bathgate felt the initiative process did not allow for thorough public and environmental review of the site. She did not oppose development of the site, but was concerned the review process was bypassed and supported putting the project on the ballot. Mayor pro tem Soto expressed concern regarding the cost of an election as staff was reviewing possible budget cuts for services to the community. He supported the school and the addition of sports park playing fields, although he was very concerned about traffic impacts. City Council Minutes 4 5-19-03 Revised Minutes Approved 8-8-03 Mayor Gelff stated the land was privately held and supported the JSerra project. John Shaw, City Attorney, read the title of the Ordinance, entitle "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALFIRONIA, REPEALING ORDINANCE NO 868 AND AN IMPLEMENTATION AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND PUEBLO SERRA, LLC." Council Action: Moved by Council Member Swerdlin, seconded by Council Member Hart and carried unanimously, 5-0, to adopt Ordinance No. 878 repealing Ordinance No. 868 and the Implementation Agreement between the City of San Juan Capistrano and Pueblo Serra, LLC. John Shaw, City Attorney, read the title of the Ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALFIRONAI, ADOPTING JSERRA EDUCATION INITIATIVE." Council Action: Moved by Council member Hart, seconded by Mayor pro tem Soto, and carried 4-1, to adopt Ordinance No. 879 adopting the JSerra Education Initiative. ROLL CALL AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ADJOURNMENT Hart, Swerdlin, Mayor pro tem Soto, and Mayor Gelff Bathgate None There being no further business, Mayor Gelff adjourned the meeting at 8:15 p.m. to the Regular meeting, Tuesday, May 20, 2003 at 5:30 p.m. for Closed Session and 7:00 p.m. for the Public Business Session, in the City Council Chamber. Respectfully submitted, Mr TARET R. MONAHAN, CITY CLERK Approved, August 5, 2003 ATTEST: JOHN _ MAYOR City Council Minutes 5 5-19-03 Revised Minutes Approved 8-8-03