Loading...
97-0715_CC_Minutes_Regular Meeting243 ' JULY 15, 1997 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION (610,85) Council met in a Closed Session at 5:00 p.m. for the following purposes, as authorized by statute: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8, for an update regarding the status of negotiations for the sale of the property known as Assessor's Parcel No. 649-361-02. Grubb and Ellis is the negotiating party. 2. Pursuant to Government Code Section 54957.6, the City Council will meet with its Labor Negotiator (City Manager) regarding the status of negotiations with the San Juan Capistrano Employees Association and the San Juan Capistrano Management Employees Association. Pursuant to Government Code Section 54956.9, the City Council will confer with its Legal Counsel regarding the status of City of Lake Forest v. City of Newport Beach. WORK SESSION WITH VESTAR DEVELOPMENT (420,10) The City Council adjourned from Closed Session and at 6:05 p.m. convened a work session regarding the proposed Vestar Development. Proposal Work session held to review proposed development of 29.4 acres located at the southeast corner of Camino Capistrano and Junipero Serra Road. The revised project consists of a 209,494 -square -foot commercial retail development, a two-story hotel, a two-story mini - storage facility, and a soccer facility. This proposed project had been reviewed previously at a work session held on March 10, 1997. A_pnlicant Architect Vestar Development Architects Orange c/o Carlson Development Service 144 North Orange Street 12731 Towne Center Drive, Suite I Orange, California 92666 Cerritos, California 90703-8545 Written Communications: (1) Report dated July 15, 1997, from the Planning Director, recommending that Council provide comments regarding the planned development. The Report provided a project description and advised that the project would require a General Plan Amendment, a Rezone application, and an Architectural Control application. The Environmental Administrator had determined that an Environmental Impact Report would be required for the project, and the Report addressed the potential environmental impacts. City Council Minutes -1- 7/15/97 244 (2) Letter dated July 11, 1997, from Ruth A. Clark, P. O. Box 2068, Capistrano Beach, California 92624, suggesting that either the City or County should consider purchasing the property for recreational uses. Conceptual site plans were on display and C. J. Amstrup, Associate Planner, described the project. Applicant's Presentation: Rick Cooley, representing Vestar Development, advised that the comments received in March had been incorporated into the present site plan, which represented a project that made financial sense. He outlined the modifications made since March and invited comments, noting their intent to continue working with the community and the Chamber of Commerce. Public Input: (1) Bill Hardy, 26532 Calle Lorenzo, felt that a commercial project at the north end of town would help alleviate traffic congestion in the downtown area and be of benefit to the City's sale tax revenue. (2) Ben Crowthers, a prospective buyer in the adjacent Casitas development, expressed concerns regarding security, potential noise and dust from leaf blowers, and the location of refuse dumpsters. (3) Al Simmons, 32302 Alipaz Street, Space 135, advised that while he was not a great fan of Wal Mart, some sort of commercial development was necessary to avoid losing revenue to adjacent communities. He felt that competition generated by the proposed development would not be detrimental to businesses in town. (4) Carol Toler, 20146 Hillside Terrace, felt there were sufficient discount stores in the area and expressed concern that there were already a number of vacant commercial buildings in town. She expressed additional concern with potential traffic impacts, loitering and large discount store signs. (5) Irene Burnham, secretary of Casitas HOA No. 2, expressed concern with the location of the proposed soccer field and its potential to create traffic congestion and increased vandalism of the Casitas' fences. (6) Susy Moms, 30685 Calle Chueca, cited concerns with potential traffic congestion and the impacts on equestrian activities in the area, noting the difficulties vehicles towing horse trailers have at the present time accessing Camino Capistrano from Oso Road. Council Comments: Council Member Jones felt that past development had not negatively impacted the downtown and its businesses. He felt that this proposed development would not negatively impact City businesses and might ultimately be a benefit to them. He stated his belief in property rights and felt the City's review process would provide sufficient protection to residents and businesses. He encouraged objectivity when considering the proposal. City Council Minutes -2- 7/15/97 245 Council Member Greiner emphasized that the Council's goal was to assure that development fit the community, its needs and its residents. He felt it was in the best interests of the community to provide an opportunity to obtain services and products at the north end of town. He stated that while he was not a Wal Mart fan, he would reserve judgement at this time. Council Member Hart stated that the City's downtown needed to be protected and the impacts of this type of development fully analyzed. He felt that the proposed development would hurt the downtown businesses and the ambiance that makes San Juan Capistrano unique. For that reason he would not support a Wal Mart -type concept at the subject site. Council Member Campbell concurred with Council Member Hart's concerns, noting that the community had always been protective of the size of buildings and retail that came into the community, particularly at gateways to the community. She stated she was willing to continue considering the project, but emphasized her reservations, including impacts to the downtown. Mayor Swerdlin also concurred with Council Member Hart, stating his feeling that a Wal Mart -type retail was contrary to the General Plan, and that impacts of such a large regional center could not be sufficiently mitigated. He emphasized the need to be sensitive to the scenic corridor. He felt the storage facility, soccer field and hotel would be acceptable if properly designed and situated. He stated his preference for a corporate park or senior ' housing at the this site. There being no further comments, the meeting was recessed at 6:48 p.m. The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called to order by Mayor Swerdlin at 7:08 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Reverend Robert Schwenck, Community Presbyterian Church. ROLL CALL: PRESENT: David M. Swerdlin, Mayor Gil Jones, Mayor pro tem Collene Campbell, Council Member John Greiner, Council Member Wyatt Hart, Council Member ABSENT: None STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager; John Cavanaugh, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, ' Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Al King, Community Services Director; Ray Auerbach, Interim Public City Council Minutes -3- 7/15/97 246 Works Director; Lt. Paul Sullivan, Orange County Sheriffs Department; Gillian Rampley, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY Mayor Swerdlin announced there were no actions to report from the Closed Session items. IlYTRODUCTIONS, PRESENTATIONS AND DONATIONS 1. RECOGNITION OF LONG-TERM EMPLOYEES (730.90) Written Communications: Report dated July 15, 1997, from the Management Analyst II, advising that Brian Perry, Senior Civil Engineer, was eligible for recognition for 15 years of service; and, Patrick Forster, Senior Recreation Leader, was eligible for recognition for 10 years of service. Mr. Perry and Mr. Forster were present to receive plaques presented by Mayor Swerdlin. ?. PRESENTATION OF AMERICAN PUBLIC WORKS ASSOCIATION AWARDS (61Q10) Mr. Bill Goodwin, Vice President of Membership Services, presented three awards for Projects of the Year from the Southern California Chapter of the American Public Works Association. Awards were presented for the Historic Town Center Park, in the category of park improvements. Jack Galaviz, Maintenance Superintendent, accepted the award on behalf of the City. An award for San Juan Creek Neighborhood Park, in the category of Public/Private Sector Projects was accepted on behalf of the City by Nancy Barney, Administrative Assistant; and an award for the Sports Park and Agricultural Preserve, in the category of Community Relations, was accepted on behalf of the City by Sharon Heider, Open Space Project Manager. 3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10) Council Member Greiner introduced the following persons in attendance: Don Tryon and Bill Hardy (Cultural Heritage Commission), Ed Johnson (Planning Commission), Bonnie Holt (Transportation Commission), Joann de Guevara, Janice Palermo and Marie Buckner (Housing Advisory Committee), Former Mayors Phil Schwartze, Roy Byrnes and Larry Buchheim, Al Simmons (Seniors Liaison to City) 4. ACKNOWLEDGMENT OF DONATIONS (150,1Q1 Mayor Swerdlin expressed appreciation for the following donations made to the City: Cash donations to Ballet Folklorico Program from Mrs. Courtney Cooper (a Dana Point resident) and Ms. Dee Prost; donations to the City's Fourth of July Celebration consisting of donation City Council Minutes -4- 7/15/97 247 of photography services and album of photographs by Mr. Scott Schmitt, One Hour Moto Photo and Portrait Studio, printing of 7,500 flyers by Sir Speedy Printing, cash donations from Ms. Sharon Baker, San Juan Hills Country Club and Mr. Charles Rea, Del Mar Realty and Investments, and lighting, generator and equipment rental by Mr. Dan Autry, U.S. Rentals. Mayor Swerdlin also commented that the Fourth of July Celebration was the best he had ever seen in the City and thanked the City employees for all their work, as well as recognizing local Businesses and the Chamber of Commerce. His thanks were echoed by Council Member Campbell, who wanted particular mention to go to Al King, Director of Community Services, and his staff. Council Member Jones congratulated the City softball team, coached by Cynthia Pendleton, Finance Officer, on their success. ORAL COMMUNICATIONS (CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY) INITIATION OF GENERAL PLAN AMENDMENT STUDY (440.25) Charles Salisbury, 30522 Hilltop Drive, spoke in opposition to the possible commercial development at Giddings Ranch Market on Ortega Highway. The item was scheduled later on the Agenda. CONSENT CALENDAR It was moved by Council Member Jones, and seconded by Council Member Hart, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Campbell, Greiner, Hart, Jones and Mayor Swerdlin NOES: None ABSENT: None MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES OF JUNE 17, 1997 The Minutes of the Regular Meeting of June 17, 1997, were approved as submitted. City Council Minutes -5- 7/15/97 248 RECEIVE AND FILE ACCOUNTS PAYABLE WARRANTS OF JULY 2. 1997 (300,30) The List of Demands for Accounts Payable dated July 2, 1997, in the total amount of $663,731.74, was ordered received and filed. 4. RECEIVE AND FILE STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) The Report dated July 15, 1997, from Thomas Tomlinson, Planning Director, advising that the City had received four new development applications since the last Report, was ordered received and filed. 5. RESOLUTION NOTICE OF COMPLETION AND FINAL REPORT - SLURRY SEAL OF CITY STREETS 1996-97 ((CAPITAL IMPROVEMENT PROJECT NO 104 (PAVEMENT COATINGS COMPANY) (600,30) As set forth in the Report dated July 15, 1997 from the Director of Engineering and Building, the following Resolution was adopted declaring the work for the Capital Improvement Project No. 104, Slurry Seal of City Street, 1996-1997 completed and accepted: RESOLUTION NO 97-7-15-1 COMPLETION OF SLURRY SEAL OF CITY STREETS. 1996-1997 (PAVEMENT COATINGS COMPANY) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR SLURRY SEAL OF CITY STREETS, 1996-1997 (CAPITAL IMPROVEMENT PROJECT NO. 104) (PAVEMENT COATINGS COMPANY) The Resolution accepted the work as complete in the amount of $45,413.60 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was authorized to release the 10% retention in the amount of $4,541.36, thirty-five (35) days after the recordation of the Notice of Completion. RESOLUTION NOTICE OF COMPLETION AND FINAL REPORT - COMPLETION OF PREVENTATIVE STREET MAINTENANCE 1996-1997 (HOLLAND-LOWE CONSTRUCTION INC) (600.30) As set forth in the Report dated July 15, 1997, from the Director of Engineering and Building, the following Resolution was adopted declaring the work for Preventative Street Maintenance to be complete: City Council Minutes -6- 7/15/97 249 ' RESOLUTION NO. 97-7-15-2. COMPLETION OF PREVENTATIVE STREET MAINTENANCE 1996-97 (HOLLAND-LOWE CONSTRUCTION. INC.) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PREVENTATIVE STREET MAINTENANCE 1996-97 - VIA CALIFORNIA/CAMINO LAS RAMBLAS, AVENIDA AEROPUERTO, MISSION HILLS AND CAPISTRANO VILLAS SPEED BUMPS (CAPITAL IMPROVEMENT PROJECT NOS. 119, 121, 134 AND 135) (HOLLAND-LOWE CONSTRUCTION, INC.) The Resolution accepted the work as complete in the amount of $166,320.11 and directed the City Clerk to forward a Notice of Completion to the County Recorder. Staff was ordered to release the 10% retention in the amount of $16,623.01, thirty-five (35) days after the recordation of the Notice of Completion. RESOLUTION AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. M002 FOR DEL OBISPO STREET REHABILITATION. PASEO DEL LA PAZ TO AGUACATE ROAD AND AGUACATE ROAD TO ALIPAZ STREET (DEPARTMENT OF TRANSPORTATION (600.50,) As set forth in the Report dated July 15, 1997, from the Engineering and Building Director, ' the following Resolution was adopted authorizing execution of Program Supplement No. M002 - Del Obispo Street rehabilitation, Paseo de la Paz to Aguacate Road and Aguacate Road to Alipaz Street. RESOLUTION NO. 97-7-15-3. APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. N1002 - DEL OBISPO STREET REHABILITATION (CALTRANS) - A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. M002 WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION FOR DEL OBISPO STREET REHABILITATION, PASEO DE LA PAZ TO AGUACATE ROAD AND AGUACATE ROAD TO ALIPAZ STREET - 12-ORA-0-SJCP STPL-5372 (005) The Resolution authorized George Scarborough, City Manager, to execute the Agreement and conduct all negotiations. 8. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO RECEIVE BIDS - PREVENTATIVE STREET MAINTENANCE 1997-1998 (600,30) As set forth in the Report dated July 15, 1997, from the Director of Engineering and Building, the Plans and Specifications and Authorization to Receive Bids - Preventative Street Maintenance 1997-98 - 1. Peppertree Bend, 2. Mission Hills Ranch, 3. Silver Creek Drive and 4. Calle Arroyo Bike Trail, were approved and Staff was authorized to receive bids. City Council Minutes -7- 7/15/97 250 9. ANNUAL REVIEW OF CITY INVESTMENT POLICY (350.30) As set forth in the Report dated July 15, 1997, from the Administrative Services Director, the amended Investment Policy for the City of San Juan Capistrano was adopted. PUBLIC HEARINGS CONSIDERATION OF USE OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS (580,101 Written Communication Report dated July 15, 1997 from the Chief of Police Services, advising that under the terms of the Omnibus Fiscal Year 1996 Appropriations Act (Public Law 104-134), the Director of the Bureau of Justice Assistance was authorized to make funds available to units of local government under the Local Law Enforcement Block Grant Program for the purpose of reducing crime and improving public safety. Under the terms of this grant, the City of San Juan Capistrano will receive $28,432 from the US Department of Justice. The City must contribute 10% matching funds to the program. Lt. Paul Sullivan, Chief of Police Services, reported that on November 14, 1996, the Local Law Enforcement Block Grant Program South County Contract Cities Advisory Committee met to discuss options for the usage of funds. The Committee recommended that the City utilize its funds for additional overtime patrols. With the additional funds, the City could place an additional deputy on patrol for 1 I weeks to focus on direct enforcement of alcohol violations. A request for $1,000 had also been received from South Municipal Court for funding of a drug court by Judge Wendy Lindley. Under the terms of the program, non- violent drug offenders would be required to complete drug -testing three times a week initially; weekly reporting to their probation officer, group and individual counseling, attendance at alcohol or cocaine anonymous meetings; be employed or in school full-time and report to the drug court twice a week. The program would last for one year, with less frequent drug testing and reporting as progress was made into later phases. Lt. Paul Sullivan introduced Judge Wendy Lindley, who was present Public Hearing: Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing and, there being no response, closed the hearing with the right to reopen at any time. Council Discussion: Mayor Swerdlin discussed the need for enhanced security around public schools and buildings and proposed adding to the staff recommendation the possibility of setting aside $10,000 to purchase a security video system for the library. Council Member Greiner advised that, with the additional funding now available through the County, the library would be open for six,days a week and, with the need to enhance services and cut overhead costs, the proposal of a one-time expenditure to purchase video security to replace on-going costs of maintaining security guards would be most cost-effective. The City Council Minutes -8- 7/15/97 251 Library Committee is also looking for other possible funding sources but a $10,000 grant at this time would be most beneficial. Council Member Campbell expressed the Council's appreciation to Judge Lindley for attending the hearing. She asked the Chief of Police Services if he concurred with the proposed amendment regarding video security; he indicated he did. She suggested that future consideration be given to video monitors at the Sports Park. Approval of Use of Grant Funds: It was moved by Council Member Campbell, seconded by Council Member Jones, and unanimously carried to approve the following uses for the Local Law Enforcement Block Grant Funds: (1) additional directed alcohol enforcement patrols; (2) funding for South Municipal Court proposed drug court in the amount of $1,000.00; and, (3) approximately $10,000.00 for surveillance video equipment for the library. Staff was directed to return with recommendations regarding equipment cost and acquisition. RECESS AND RECONVENE Council recessed at 7:35 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 7:36 p.m. CITY MANAGER • _I• • • • • •'•I vialI •' : •V U6153U. • 1,• ,• •rales•��iu.ii�•1•�y•►:i�r��r�.�� • ' ' _�:z •4 HEALTH PLAN) (600,3W 649-361-02 (KAIS Written Communications: Report dated July 15, 1997, from the City Manager, recommending approval of the Agreement of Purchase and Sale. With a purchase price of $2,765,537, the City will receive approximately $2,500,000 at the close of escrow after payment of fees and commissions. Proceeds from the sale will be deposited in the Open Space Bond Fund. The Agreement also provides that a fully -completed land use approval applications is to be submitted to the City by August 1, 1997; closing costs will be split 50-50; Kaiser will be responsible for all utility connections; and, Kaiser may terminate the agreement if it does not approve of the soils testing results. Mr. Scarborough made an oral presentation, in which he outlined the proposed transaction which specifies an escrow closing date of December 1, 1997. City Council Minutes -9- 7/15/97 252 Approval of Purchase and SaleAgreement: It was moved by Council Member Jones, seconded by Council Member Campbell, that the following Resolution be adopted: RESOLUTION NO 97-7-15-4. APPROVING AGREEMENT FOR PURCHASE AND SALE FOR THE SALE OF THE UNIMPROVED 3.986 -ACRE PARCEL DESCRIBED AS ASSESSOR'S PARCEL #649-361-02 (KAISER FOUNDATION HEALTH PLAN. INC.) - A RESOLUTION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE AGREEMENT OF PURCHASE AND SALE OF THE UNIMPROVED 3.986 ACRE PARCEL DESCRIBED AS ASSESSOR'S PARCEL #649-361-02 TO KAISER FOUNDATION HEALTH PLAN, INC. The motion carried by the following vote: AYES: Council Members Hart, Greiner, Jones, Campbell and Mayor Swerdlin NOES: None ABSTAIN: None ABSENT: None R2 1. . RESOLUTION INITIATING GENERAL PLN AMENDMENT STUDY - DELETION OF "3 0 NEIGHBORHOOD CONVENIENCE CENTER" (ORTEGA HIGHWAY AT EASTERLY CITY LIMITS) (440.25) Council Member Hart indicated he would abstain on this matter due to the proximity of his residence to the site under consideration. Written Communications Report dated July 15, 1997, from the Planning Director, recommending adoption of a resolution directing the Planning Department to conduct a General Plan study to consider deleting the 3.0 Neighborhood Convenience designation from the General Plan Composite Map, and text references to the designation at the easterly limits of Ortega Highway. Tom Tomlinson gave an oral report, noting the amendment process would include formal public hearings before the Planning Commission and City Council. He emphasized that initiation of the process should not be construed as future approval by the Council. Public Input: (1) Chuck Salisbury, 30522 Hilltop Drive, reiterated his previous opposition to commercial development at the subject site. City Council Minutes -lo- 7/15/97 253 ' Barry Miller, 10 Strawberry Lane, had submitted a request to speak, but was not present when called upon. Initiation of Amendment Study: It was moved by Council Member Jones, seconded by Council Member Campbell, that the following Resolution be adopted, with the caveat that the action does not infer future approval by the Council: RESOLUTION NO. 97-7-15-5. INITIATION OF GENERAL PLAN AMENDMENT STUDY - DELETION OF "3.0 NEIGHBORHOOD CONVENIENCE CENTER' (ORTEGA HIGHWAY AND EASTERLY CITY LIMITS I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, INITIATING A GENERAL PLAN AMENDMENT STUDY TO DELETE THE "3.0 NEIGHBORHOOD CONVENIENCE CENTER" COMMERCIAL DESIGNATION NEAR THE ORTEGA HIGHWAY AND AVENIDA SIEGA INTERSECTION, AS INDICATED ON THE GENERAL PLAN LAND USE COMPOSITE MAP The motion carried by the following vote: AYES: Council Member Greiner, Jones, Campbell, Mayor Swerdlin ' NOES: None ABSTAIN: Council Member Hart 2. INITIATION OF MUNICIPAL CODE AMENDMENT STUDY RELATING TO MASSAGE THERAPIST USES IN THE COMMERCIAL TOURIST (CT) DISTRICT (NAHL) (460.30) Written Communications: Report dated July 15, 1997, from the Planning Director, advising that the Applicant had requested that the Council initiate an amendment to Title 9 of the Municipal Code to expand the districts where massage operations are permitted to include the CT (Commercial Tourist) District. Staff determined that permitting the use in the CT District under the same permit restrictions as the CG (General Commercial) District should not create any incompatibility and, therefore, recommended that the Council initiate the amendment process. A.pplicant Yvonne Nahl, dba Spa Yvonne, 25002 Oxford, Laguna Niguel, CA 92677 Tom Tomlinson gave an oral presentation recommending that the City Council initiate the amendment process and the conducting of formal public hearings before the Planning Commission and City Council by adopting the proposed Resolution. He emphasized that the action does not construe future approval by the Council. City Council Minutes -11- 7/15/97 254 Initiation of Amendment: It was moved by Council Member Jones, seconded by Council Member Greiner and unanimously carried that the initiation of the code amendment process be approved to consider permitting massage uses in the Tourist Commercial District, with the caveat that initiation of the process should not be construed as future approval by the Council. ORDINANCES I Re11110V I MCI •lwqwrel1 wl 01 1' • • _0VI ► 111011 • Written Communications: Report dated July 15, 1997, from the City Clerk, advising that the Ordinance was introduced at the meeting of July 1, 1997, and was scheduled for adoption. Adoption of Ordinance: The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances had been waived earlier in the meeting. It was moved by Council Member Hart, seconded by Council Member Campbell, that the following Ordinance be adopted: ORDINANCE NO 798 AMENDING TITLE 9 CHAPTER 7 OF THE MUNICIPAL CODE ENTITLED RESIDENTIAL GROWTH MANAGEMENT - AFFORDABLE HOUSING - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE 9, CHAPTER 7 OF THE MUNICIPAL CODE ENTITLED RESIDENTIAL GROWTH MANAGEMENT PER GENERAL PLAN AMENDMENT 93-2, TO ESTABLISH AN EXEMPTION FOR AFFORDABLE HOUSING PROJECTS WHICH INCORPORATE LONG- TERM AFFORDABILITY AGREEMENTS PER MUNICIPAL CODE SECTION 9-3.511 AND OTHER MISCELLANEOUS TEXT MODIFICATIONS The motion carried by the following vote: AYES: Council Members Jones, Greiner, Hart, Campbell and Mayor Swerdlin NOES: None ABSTAIN: None ABSENT: None City Council Minutes 12- 7/15/97 ADDITIONAL ITEMS •;:► • 2 IN 110 0,13 a On t •' ulK3 mill"" Rej UP 51 Film I A] 12 Council Member Jones requested that the Council, by motion, find that this item was not available prior to publication of the Agenda and that consideration was necessary at the present meeting. On motion of Council Member Campbell, seconded by Council Member Hart, and unanimously carried, Council Members agreed to discuss this matter. Council Member Jones remarked that the urgency of this matter was brought to his attention by an article in the Los Angeles Times. The Museum, which is a real asset for children and adults and provides valuable information for a very minimal admission fee, is in dire financial straits. He proposed some assistance from the City, both financially and in relocation of the premises. Council Member Campbell concurred and asked that staff meet with officials of the Museum to discuss their needs and bring back recommendations. It was moved by Council Member Campbell, seconded by Council Member Hart, that staff be directed to meet with Museum officials and provide recommendations at the August 5, 1997 meeting or as soon thereafter as possible prior to August 31, 1997. The motion was carried unanimously. 2. RESOLUTION OPPOSING CONSTRUCTION OF INDIAN GAMING CASINO (910,60) Council Member Campbell requested that the Council, by motion in order to discuss and adopt a proposed Resolution, find that (1) at the time the Agenda was posted the City was not aware of its legal rights regarding the protection of the health, safety and welfare of its citizens concerning the use of Indian land for gambling; and (2) there is a need for immediate action in order to avoid the appearance of acquiescence to the proposed program and to give prompt notice to the Governor of the City's position of opposition to a casino. On motion of Council Member Campbell, seconded by Council Member Jones, and unanimously carried, Council Members agreed to place the proposed Resolution on the Agenda for discussion. Council Discussion Mayor Swerdlin read the title of the Resolution and noted that the proposed resolution set forth adverse impacts of the proposed casino to the City. Council Member Jones expressed his disappointment that those persons involved had not come forward and dealt candidly with the City. Adoption of Resolution Opposing Indian Gamin Cg asino: It was moved by Council Member Campbell, seconded by Council Member Hart, that the following Resolution be adopted: City Council Minutes 13- 7/15/97 255 256 RESOLUTION NO 97-7-15-6 OPPOSING CONSTRUCTION OF INDIAN GAMING CASINO - 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 The motion carried by the following vote: AYES: Council Member Jones, Hart, Greiner, Campbell and Mayor Swerdlin NOES: None ABSTAIN: None ABSENT: None Council Member Greiner proceeded to read the following statement. "If even half of what we have read in the newspapers is true, there is much cause for concern in our community. On behalf of the majority of this City Council, I have been asked to make the following statement. "We are very disappointed that certain members of our community, who have presented themselves as the protectors of our community's historic integrity, have, in reality, been in a secret scheme with Las Vegas gambling interests to build a casino in San Juan Capistrano. Their willingness to cause irreparable damage to our community's heritage to satisfy their greed is despicable. "What is also galling is at the very moment this City Council was listening to unfounded criticism of our efforts to preserve the historic and cultural integrity of our community, those very same critics were quietly accepting money from Las Vegas gambling interests committed to building a casino in San Juan Capistrano. Such hypocrisy is unconscionable, and this Council will do everything in its power to ensure that a gambling casino never becomes a part of the City of San Juan Capistrano and, hopefully, nowhere in Orange County." *Council Member Greiner emphasized that the Statement itself applied only to those individuals representing themselves as leaders of the Juaneno Band who were involved in signing the secret documents that would result in bringing a Casino to the City. In no way was the Statement intended to apply to the Juaneno Band itself. Mayor Swerdlin stated that because he did not know all the facts involved, he was unable to add his name to the statement. *Added per Council 8/19/97 City Council Minutes 14- 7/15/97 257 COUNCILMANIC ITEMS 1. ORAL REPORTS OF OUTSIDE AGENCIES a. Southeast Regional Reclamation Authority (SERRA)(1040 60) Council Member Jones advised that the recent meeting disclosed that SERRA completed Fiscal Year 1996-97 under budget. b. San Juan Basin Authority (1050,60) Council Member Jones advised that a Closed Session had been held this date regarding the Capistrano Beach Water District issues. He indicated no action had been taken. C. Joint Powers Insurance Authority (I Z 301 Mayor Swerdlin noted that the election for Executive Board was to be held on July 16, 1997. d. Orange County Vector Control District (560.50) ' Mayor Swerdlin reported that there will be a meeting on July 17, 1997. He also advised that he had an informational pamphlet on the "Vector of the Month" - Mosquitos, available at City Hall. COUNCIL COMMENTS 1. JONES MINI -FARM (610.40) Council Member Campbell thanked Council Member Jones and his wife for allowing so many adults and children to spend time at his mini -farm and to have an opportunity to see and be with the animals. 2. COYOTE CONCERNS (500.10) Council Member Jones emphasized the need for citizens to keep their animals and small children safe from coyotes, who are becoming more brazen about entering residential areas. Council Member Campbell requested Staff check to see what the City can do to protect against coyotes. The City Manager advised that he will provide as much information as possible to the Council and would alert Animal Control to their concerns. City Council Minutes -15- 7/15/97 MT. ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 8:10 p.m. to the next regular meeting date of Tuesday, August 5, 1997, at 5:00 p.m., in the City Council Chambers. Respectfully submitted, ATTEST: DAVID M. SWERDLIN, MAY, City Council Minutes -16- i 7/15/97