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06-0919_CC_Minutes_Regular MeetingMINUTES SEPTEMBER 19, 2006 SAN JUAN CAPISTRANO CITY COUNCIL REGULAR MEETING CLOSED SESSION (610.85) - None Mayor Swerdlin called the Regular Meeting of the City Council of the City of San Juan Capistrano to order at 7:02 p.m. in the City Council Chamber. Council Member Bathgate led the Pledge of Allegiance and Council Member Soto gave the invocation. ROLL CALL COUNCIL MEMBERS PRESENT: Diane Bathgate, Joe Soto, and Mayor David M. Swerdlin COUNCIL MEMBERS ABSENT; Wyatt Hart (excused), and Mayor pro tem Sam Allevato (excused) STAFF PRESENT: Bill Huber, Assistant City Manager; John Shaw, City Attorney; Meg Monahan, City Clerk; Cynthia L. Russell, Administrative Services Director; Bill Cunningham, Interim Planning Director; Nasser Abbaszadeh, Engineering & Building Director; John Elwell, Interim Public Works Director; Karen Crocker, Community Services Director; Lt Mike Betzler, Chief of Police Services; Douglas Dumhart, Economic Development Manager; Lynnette Adolphson, Management Analyst II; Larry N. Lawrence, Consulting Case Planner; and Eileen White, Recording Secretary ANNOUNCEMENT OF CLOSED SESSION ACTIONS — None CITY COUNCIL COMMENTS AND ORAL REPORTS Council Member Bathgate reported attendance at the South Orange County Wastewater Finance Committee meeting and a San Juan Basin Authority meeting. Council Member Soto reported attendance at a League of California Cities Conference; "Romance of the Bells" Gala at the Mission; Boys & Girls Club Caribbean Nights event; Historical Society's Old Timers Barbeque; the City's Marine Battalion Adoption Ceremony; meetings concerning the Material Recovery Facility (MRF); County Waste Management Commission meeting; the City's Annual Creek Cleanup; Shea Center Barbeque; the Indigenous Peoples Festival; as well as family events. Mayor Swerdlin reported attendance at the League of California Cities Conference; Boys & Girls Club Caribbean Nights event, Historical Society's Old Timers Barbeque, the City's Marine Battalion Adoption Ceremony, reception for the Dark Horse Marine Regiment; Calle Jardin Creek Side improvement meeting; Transportation Corridor Agency meetings; reception for the Majestic California Exhibit recognizing the Attorney General; the Indigenous Peoples Festival and the Shea Center Barbeque. 9-19-2006 NORTHWEST AREA STRATEGIES COMMITTEE REPORT - None ANNOUNCEMENTS OF COMMUNITYWIDE INTEREST Karen Crocker, Community Services Director, announced upcoming communitywide events including a San Juan Summer Nites concert, composting workshop, Multicultural Arts series, Capistrano Valley Symphony performance, and a "GO Healthy Challenge" hosted by the Boys & Girls Club. INTRODUCTIONS, PRESENTATIONS, AND DONATIONS MISSION HOSPITAL'S PROPOSED EXPANSION PLANS PRESENTED. (610.40) Paula Serios, Vice President of Marketing and Communications for Mission Hospital, provided a brief presentation on Mission Hospital's proposed expansion plans. 2. LONG TERM EMPLOYEE JUAN CAMACHO RECOGNIZED. (730.90) John Elwell, Interim Public Works Director, recognized Juan Camacho for his 30 years of service to the City. Mayor Swerdlin asked staff to forward the award to Mr. Camacho, who was unable to attend tonight's meeting, at the next staff meeting. 3. MAYOR'S AWARD — BUSINESS LEADER OF THE YEAR, PRESENTED TO KATHERINE HOLMAN. (610.40) Mayor Swerdlin recognized Katherine Holman of the Ortega Equestrian Center as Business Leader of the Year and presented her with an award. 4. RECOGNITION OF SUCCESSFUL MARINE ADOPTION CEREMONY (610.40) Mayor Swerdlin recognized and thanked the Community Services Department, Public Works Department, Engineering and Building Department and Police Services for their contributions to the success of the Marine Adoption Ceremony event. He also recognized Kelly Tokarski, the City's Public Relations Consultant, and presented her with a bouquet. 5. COMMISSIONERS PRESENT AT MEETING INTRODUCED. (110.10) Council Member Soto recognized the following individuals in attendance: Joanne Marquez and Marie Buckner, Housing Advisory Committee; Bob Cardoza, Planning Commission, former Mayor Phil Schwartze and his wife Marsha; and Joan Irvine Smith. 2 9-19-2006 ORAL COMMUNICATIONS Joan Irvine Smith announced the "Saving California's Vanishing Treasures" program which includes a Plein Air painting contest and sales of donated paintings to fund nonprofit organizations. David Solt, City resident, recommended the City lease the Lower Rosan property to auto dealerships, rather that selling the property. Leasing would retain the property for future community needs. Phillip Schwartze, City resident, announced the upcoming fundraising event, "Hogs for Dogs," for Capistrano Animal Rescue Effort (CARE). CONSENT CALENDAR Council Action: Moved by Council Member Soto, seconded by Council Member Bathgate , and carried unanimously, 3-0, to approve items 1, 2, 5, 8, 9, 11, 12, & 13 as recommended by staff. MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED. 2. MINUTES OF THE REGULAR MEETING OF AUGUST 15, 2006 APPROVED AS SUBMITTED. 3. CONSIDERATION OF ACCOUNTS PAYABLE WARRANTS DATED AUGUST 31, 2006; AND PAYROLL WARRANTS DATED SEPTEMBER 8, 2006, CONTINUED TO OCTOBER 3, 2006, MEETING FOR LACK OF QUORUM (COUNCIL MEMBER BATHGATE ABSTAINED). (300.30) 4. RESOLUTION NO. 06-09-19-02 ADOPTED APPROVING THE EASEMENT DEED AND AGREEMENT FOR THE PRIMA DESCHECHA LANDFILL RECREATIONAL TRAIL, PHASE 11. (CIP NO. 451) 2006-07 COUNCIL PRIORITY #3A (600.501670.50) Mayor Swerdlin removed this item from the Consent Calendar Agenda in order to alert the equestrian community to the City's efforts to improve the trail system. Council Action: Moved by Council Member Bathgate, seconded by Council Member Soto, and carried unanimously 3-0, to adopt Resolution No. 06-09-19- 02, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE EASEMENT DEED/AGREEMENT WITH THE COUNTY OF ORANGE FOR PHASE II OF THE PRIMA DESCHECHA LANDFILL RECREATIONAL TRAIL;" authorize the Mayor to execute the easement deed and agreement; and direct the City Clerk to forward the easement deed and agreement to Donna Garza, Senior Real 3 9-19-2006 Property Agent of Integrated Waste Management, for approval by the Orange County Board of Supervisors. 5. PERSONAL SERVICES AGREEMENT WITH TETRATECH, INC. FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR HYDRAULIC CAPACITY PROJECT #4 — TRUCK LINE SEWER RECONSTRUCTION. SOCWA PLANT TO 720' NORTH-CIP 713 IN THE AMOUNT OF $60,321, APPROVED. (TETRATECH, INC.) (600.30) 6. RESOLUTION NO. 06-09-19-03 ADOPTED AUTHORIZING SUBMITTAL OF AN APPLICATION FOR FUNDING TO THE 2006 OVER-THE-COUNTER HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR AN OWNER - OCCUPIED HOUSING REHABILITATION PROGRAM. (430.20) This item was removed from the Consent Calendar by Council Member Soto, who ascertained from Lynnette Adolphson, Management Analyst 11, that although no funds are currently available, the application will be on file when funds become available; zero percent loan amounts up to $30,000 will be available to low income families for home rehabilitation purposes; and the loans will be paid back when units are sold or change title. Council Action: Moved by Council Member Bathgate, seconded by Council Member Soto, and carried unanimously 3-0, to adopt Resolution No. 06-09-19- 03, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND OF ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM;" approve revision of the Owner -Occupied Housing Rehabilitation Guidelines; and authorize the Planning Director to make additional revisions to the guidelines as necessary to satisfy the 2006 Over -The -Counter HOME State Program Application requirements. 7. PERSONAL SERVICES AGREEMENT WITH FAIRBANK, MASSLIN, MAULLIN AND ASSOCIATES (FMMA) TO CONDUCT A RESIDENT SURVEY FOR THE CITY'S OPEN SPACE NEEDS APPROVED. (600.30) This item was removed from the Consent Calendar agenda by Mayor Swerdlin to establish from Bill Huber, Assistant City Manager, that the purpose of the survey is to determine the community's direction and definition of open space; and does not include bonding issues. 4 9-19-2006 Council Action: Moved by Council Member Bathgate, seconded by Council Member Soto, and carried unanimously, 3-0, to approve Personal service agreement with Fairbank, Masslin, Maullin and Associates (FMMA) at the cost of $39,150, to provide a resident survey for the City's open space needs. 8. RECEIPT OF ALL BIDS ACKNOWLEDGE AND CONSTRUCTION CONTRACT AWARDED TO J.C. BALDWIN CONSTRUCTION CO. IN THE AMOUNT OF $162,680 FOR THE PASEO ACTIVO UTILITY EASEMENT SLOPE PROTECTION; THE MAYOR AUTHORIZED TO EXECUTE THE CONSTRUCTION CONTRACT; AND THE CITY MANAGER AUTHORIZED TO APPROVE NECESSARY CHANGES TO THE CONTRACT WITHIN THE PROJECT BUDGET. (FEMA DR — 1585)(600.30) 9. INDEMNIFICATION AGREEMENT WITH THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) AS PART OF THE ANNEXATION PROCEEDINGS FOR 92 ACRES OF UNINHABITED TERRITORY TO THE CITY APPROVED; AND THE MAYOR AUTHORIZED TO EXECUTE THE AGREEMENT. (APNS 637-082-64, -65, -66, -67, AND -68) (RANCHO CAPISTRANO) (CRYSTAL CATHEDRAL MINISTRIES) (600.30) 10. RESOLUTION 06-09-19-04 AUTHORIZING THE CITY TO ADOPT THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT PROCEDURES FOR THE PUBLIC PROJECT CONTRACTS, ADOPTED; AND FIRST READING AND INTRODUCTION AN ORDINANCE TO PROVIDE INFORMAL BIDDING PROCEDURES ON PUBLIC PROJECT CONTRACTS, APPROVED. (450.30) This item was removed from the Consent Calendar agenda to allow the title of the ordinance to be read aloud. Meg Monahan, City Clerk, read the title of the ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING ARTICLE 5 TO TITLE 3, CHAPTER 4 OF THE MUNICIPAL CODE TO PROVIDE INFORMAL BIDDING PROCEDURES ON PUBLIC PROJECTS UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT (SECTION 22000, ET SEQ., OF THE PUBLIC CONTRACT CODE)." Council Action: Moved by Council Member Bathgate, seconded by Council Member Soto, and carried unanimously, 3-0, to adopt Resolution No. 06-09-19- 04, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ELECTING FOR THE CITY TO BECOME SUBJECT TO THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDURES;" and approve first reading and introduction of an ordinance to provide informal bidding procedures on public project contracts. 5 9-19-2006 11. BID FOR PURCHASE OF FOUR (4) COPIERS AWARDED TO CANON BUSINESS SOLUTION FOR $60,453.(370.30) 12. 2005-2006 ANNUAL GENERAL PLAN STATUS REPORT RECEIVED AND FILED; AND THE PLANNING DIRECTOR AUTHORIZED TO FORWARD THE REPORT TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. (440.25) 13. RESOLUTION NO. 06-09-19-01, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A POLICY OF NEUTRALITY REGARDING THE APPROVAL OF TAX-EXEMPT PRIVATE ACTIVITY BONDS PURSUANT TO SECTION 147(f) OF THE INTERNAL REVENUE CODE," ADOPTED (340.10) PUBLIC HEARINGS FIRST READING AND INTRODUCTION OF AN ORDINANCE APPROVING REZONE 05-02, CONCERNING A 2.7 ACRE PARCEL LOCATED AT THE EASTERN TERMINUS OF CALLE ROLANDO (ASSESSOR'S PARCELS NOS. 668-421-03 AND 668421-04)," APPROVED; RESOLUTION NO. 06-09-19-05, ADOPTING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING TENTATIVE TRACT 17027 AND FLOOR PLAN PERMIT 06-01, ADOPTED; AND RESOLUTION NO. 06-09-19-06, ACCEPTING THE IRREVOCABLE OFFER OF DEDICATION FOR CALLE ROLANDO, ADOPTED. (HABITAT FOR HUMANITY OF ORANGE COUNTY, INC.) (CALLE ROLANDO VILLAS) (460.2011420.401550.10 ) Description: A proposal from Habitat for Humanity, Orange County Inc., to develop a San Juan Capistrano Redevelopment Agency -owned 2.7 acre parcel located at the eastern terminus of Calle Rolando with 27 affordable ownership units, including 14 designated for disabled veterans or survivor families of veterans. The Design Review Committee, Traffic and Transportation Commission, Housing Advisory Committee, and Planning Commission have reviewed the proposals and recommended approval. Staff recommended Council approve first reading and introduction of the Ordinance approving Rezone 05-02 amending the official zoning map of the City for the 2.7 acre parcel located at the eastern terminus of Calle Rolando from the interim zoning designation of "*IPIMHD" to "RG -4,000"; adopt the Resolution adopting the Mitigated Negative Declaration, approving Tentative Tract 17027 and Floodplain Permit 06-01, subject to conditions; and adopt the Resolution accepting the irrevocable offer of dedication for Calle Relondo, and direct the City Clerk to record the document with the County Recorder. Written Communications: Report dated September 19, 2006, by Lynnette Adolphson, Management Analyst II. 6 9-19-2006 Presentations: Lynnette Adolphson, Management Analyst II, summarized the staff report. Mark Korando, representing Habitat for Humanity, indicated that a $1 million block grant would be used primarily for improvements to Calle Rolando. Occupancy of units will be limited to 2 people per bedroom plus one additional person; and selection criteria and requirements for home owners will be highly regulated. A representative from Hodge & Associates, the City's environmental consultant, was available for questions. Mayor Swerdlin opened the public hearing. Public Testimony: Don Miller, City resident, complimented and supported the project. Edie Fee, City resident, supported the project as it provides workforce housing. Tony Brown, City resident, owner of Alipaz Industrial Park, asked that property owners surrounding the project be involved with the street improvement and noted potential impacts to his property from construction. Mayor Swerdiin requested staff have close contact with the Browns during the process and keep impacts as minimal as possible to surrounding residents and businesses. David Ludwig, City resident, supported the project and indicated that Presbyterian Church is committed to providing project volunteer support. Cynthia Mueller, City resident, supported the project and remarked on its benefits to local employers. Dave Stefanidies, representing Orange County Association of Realtors, acknowledged financial and volunteer support for the project. Mayor Swerdlin closed the public hearing. Meg Monahan, City Clerk, read the title of the ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE 05-02, AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR A 2.7 ACRE PARCEL LOCATED AT THE EASTERN TERMINUS OF CALLS ROLANDO FROM "IP" (INDUSTRIAL PARK) TO "RG - 4,000" (RESIDENTIAL GARDEN -4,000) ZONE DISTRICT (ASSESSOR'S PARCELS NOS. 668-421-03 AND 668-421-04) (CITY OF SAN JUAN CAPISTRANO).- 7 9-19-2006 Council Action: Moved by Council Member Bathgate, seconded by Council Member Soto and carried unanimously, 3-0, to approve first reading and introduction of the Ordinance approving Rezone 05-02 amending the official zoning map of the City for the 2.7 acre parcel located at the eastern terminus of Calle Rolando from the interim zoning designation of "IPIMHD" to 'RG -4,000"; adopt Resolution No. 06-09-19-05, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION, APPROVING TENTATIVE TRACT MAP 17027 AND FLOODPLAIN PERMIT 06-01 (CALLE RELONDO VILLAS) FOR THE DEVELOPMENT OF 27 AFFORDABLE CONDOMINIUM DWELLING UNITS ON A 2.7 ACRE PARCEL LOCATED AT THE EASTERLY TERMINUS OF CALLE ROLANDO APPROXIMATELY 700 FEET EAST OF ALIPAZ STREET (ASSESSOR'S PARCEL NUMBERS 668-421- 03 AND 04) (HABITAT FOR HUMANITY OF ORANGE COUNTY, INC.);" and adopt Resolution No. 06-09-19-06, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING A N IRREVOCABLE OFFER OF DEDICATION FOR STREET AND HIGHWAY PURPOSES (CALLE ROLANDO)." RECESS AND RECONVENE Council recessed at 8:40 p.m. to convene to the San Juan Capistrano Community Redevelopment Agency meeting and reconvened at 8:54 p.m. - PUBLIC HEARINGS CONTINUED 2. RESOLUTION NO. 06-09-19-07 ADOPTED APPROVING TENTATIVE PARCEL MAP 06-133, CREATING NUMBERED AND LETTERED LOTS WITHIN ORTEGA RANCH BUSINESS PARK (LOCATED ON THE WEST SIDE OF RANCHO VIEJO ROAD AT AVENIDA LOS CERRITOS) (ASSESSOR'S PARCEL NUMBERS 650-142-06 & 650-151-22). (420.70) Description: Centra Realty Corporation requested approval to subdivide an existing 18 -acre property within an approved commercial office park, currently under construction, to create twelve numbered and five lettered lots for the purposes of financing. The request will result in no new development or impacts, and the Planning Commission has recommended approval of the request. Staff recommended Council adopt a resolution approving Tentative Parcel Map 06- 133 based on the findings and subject to the conditions set forth therein, and finding the project exempt from environmental review. Written Communications: Report dated September 19, 2006, by Bill Cunningham, Interim Planning Director. 8 9-19-2006 1 Presentations: Bill Cunningham, Interim Planning Director, summarized the staff report. Steve Sandland, 3 Park Plaza, Ste 1490, representing the applicant, Centra Realty, supported the staff recommendation. Mayor Swerdlin opened the public hearing, and there being no public testimony, closed the public hearing. Council Action: Moved by Council Member Soto, seconded by Council Member Bathgate and carried unanimously, 3-0, to adopt Resolution No. 06-09- 19-07, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 06-133 TO CREATE 12 NUMBERED LOTS AND 5 LETTERED LOTS ON 18 ACRES LOCATED ON THE WEST SIDE OF RANCHO VIEJO ROAD AT AVENIDA LOS CERRITOS (ASSESSOR'S PARCEL NUMBERS 650-142-06 AND 650-151-22) (TPM 06-133) (ORTEGA RANCH, LLC)." 3. RESOLUTION NO. 06-09-19-07 ADOPTED APPROVING THE ISSUANCE OF REVENUE BONDS TO FINANCE THE CONSTRUCTION OF JUNIPERO SERRA HIGH SCHOOL (340.30) Description: Pueblo Serra Worship Holdings has requested that the City Council consider the approval of tax-exempt private activity bonds, pursuant to Section 147(f) of the Internal Revenue Code, from the Colorado Educational and Cultural Facilities Authority (CECFA). Pueblo Serra Worship Holdings will loan the funds to Junipero Serra Catholic High School (JSerra) in order to refinance indebtedness previously incurred for the construction of the school. The City will have no financial obligations or risk due to the bonds, and the bonds issuance will not have any effect on the City's future financings or ratings. Staff recommended Council adopt the resolution approving the issuance of the CECFA Adjustable Rate Revenue Bonds to finance the construction of JSerra High School. Written Communications: Report dated September 19, 2006, by Cindy Russell, Administrative Services Director. Letter dated September 12, 2006, from Helen C. Atkeson, Hogan & Hartson, 1200 Seventeenth Street, Denver, CO, providing information concerning the bond issuance. 9 9-19-2006 Presentations: Cindy Russell, Administrative Services Director, reviewed the staff recommendation. Sheila Muldoon, Newport Beach, representing the Busch Firm, thanked staff for working on the proposal and requested Council's support. Mayor Swerdlin opened the public hearing, and there being no public testimony, closed the public hearing. Council Action: Moved by Council Member Soto, seconded by Council Member Bathgate and carried unanimously, 3-0, to adopt Resolution No. 06-09- 19-07, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ISSUANCE OF COLORADO EDUCATIONAL AND CULTURAL FACILITIES AUTHORITY ADJUSTABLE RATE REVENUE BONDS (PUEBLO SERRA WORSHIP HOLDINGS PROJECT), SERIES 2006 (JSERRA HIGH SCHOOL)." ADMINISTRATIVE ITEMS H1. ENGINEERING AND BUILDING DIRECTOR a. FIRST READING AND INTRODUCTION OF AN ORDINANCE ENACTING AMENDMENT TO THE 2001 CALIFORNIA BUILDING CODE AND RELATED BUILDING STANDARDS (TITLE 8), APPROVED. (450.30) Description: Repealing the 2001 Building Administration Code and utilizing Chapter 1 of the 2001 California Building Code to govern the construction of buildings and structures within the City will provide both staff and the public the benefit of accessing just one volume of building code regulations in issuing building permits. Staff recommended Council approve first reading and introduction of an ordinance repealing the Building Administrative Code and enacting amendments to the 2001 California Building Code and related building standards. Written Communications: Report dated September 19, 2006, by Bret Caulder, Building & Code Enforcement Services Manager. Presentation: Nasser Abbaszadeh, Engineering & Building Director, summarized the staff report. Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING THE BUILDING ADMINISTRATION CODE AND ENACTING 10 9-19-2006 AMENDMENTS TO THE 2001 CALIFORNIA BUILDING CODE AND RELATED BUILDING STANDARD (TITLE 8)." Council Action: Moved by Council Member Bathgate, seconded by Council Member Soto, and carried unanimously, 3-0, to approve first reading and introduction of an ordinance repealing the Building Administrative Code and enacting amendments to the 2001 California Building Code and related building standards. ORDINANCES 1. ORDINANCE NO. 915 AMENDING THE LAND USE CODE AND OFFICIAL ZONING MAP TO PREZONE THE UNINCORPORATED AREA KNOWN AS RANCHO CAPISTRANO ADOPTED. (420.30) Description: Second reading and adoption of the Ordinance that pre -zones unincorporated property located adjacent to the northwesterly City boundary. Written Communications: Report dated September 19, 2006, by Meg Monahan, City Clerk. Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE LAND USE CODE AND OFFICIAL ZONING MAP TO PREZONE 92 ACRES OF UNINCORPORATED TERRITORY LOCATED ON THE WEST SIDE OF CAMINO CAPISTRANO APPROXIMATELY 1.2 MILES NORTH OF JUNIPERO SERRA ROAD AS PLANNED COMMUNITY (PC) AND REVISING TABLE 3-15 OF TITLE 9 OF THE MUNICIPAL CODE TO INCLUDE SCHOOLS AS A PERMITTED ACCESSORY USE FOR RETREAT CENTER (RANCHO CAPISTRANO; RZ 06-04)." Council Action: Moved by Council Member Bathgate, seconded by Council Member Soto, and carried unanimously, 3-0, to adopt Ordinance No. 915, amending the Land Use Code and Official Zoning Map to Prezone the unincorporated area known as Rancho Capistrano (APNs 637-082-64, 65, 66, 67, 68) (Crystal Cathedral Ministries). 2. ORDINANCE NO. 916 APPROVING A PRE -ANNEXATION AGREEMENT FOR THE RANCHO CAPISTRANO ANNEXATION ADOPTED. (CRYSTAL CATHEDRAL MINISTRIES) (620.20) Description: Second reading and adoption of the Ordinance approving a pre- annexation agreement for the Rancho Capistrano annexation. Written Communications: Report dated September 19, 2006, by Meg Monahan, City Clerk. 11 9-19-2006 Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A PREANNEXATION AGREEMENT FOR THE RANCHO CAPISTRANO ANNEXATION." Council Action: Moved by Council Member Soto, seconded by Council Member Bathgate, and carried unanimously, 3-0, to adopt Ordinance No. 916 approving a pre -annexation agreement for the Rancho Capistrano annexation. COUNCILMANIC ITEMS CONSIDERATION OF FILLING ONE VACANCY ON THE HOUSING ADVISORY COMMITTEE CONTINUED TO OCTOBER 3, 2006. (110.10) Mayor Swerdlin continued this item to the October 3, 2006, meeting. ADJOURNMENT There being no further business, Mayor Swerdlin adjourned the meeting at 9:06 p.m. to Tuesday, October 3, 2006, at 5:30 p.m. for Closed Session, and 7:00 p.m. for the Public Business Session, in the City Council Chamber. Ily su R. MONAHAN, CITY CLERK : October 17, 2006 ATTEST: DAVID M.,NftPbLIN, MAYOR 12 9-19-2006