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.
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(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.
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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
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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
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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.
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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:
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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.
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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
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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.
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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.
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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.
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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
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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:
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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
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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.
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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,
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