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.
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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.
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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.
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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