77-0216_CC_Minutes_Regular MeetingFEBRUARY 16, 1977
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Nash at 7:14
P.M. in the City Council Chamber, followed by the Pledge of Alle-
giance to the Flag. Invocation was given by Pastor Bob Scott,
Community Christian Church.
ROLL CALL: PRESENT: Douglas B. Nash, Mayor
Yvon 0. Heckscher, Mayor pro tem
Kenneth E. Friess, Councilman
Richard D. McDowell, Councilman
John B, Sweeney, Councilman
STAFF PRESENT: John O'Sullivan, Director of Administrative Services/
Assistant City Manager; William D. Murphy, Director of Public Works/
City Engineer; Thomas G. Merrell, Director of Planning; James S.
Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Adjourned Regular Meeting of January 26, 1977: �
It was moved by Councilman Sweeney; seconded by Councilman McDowell
that the Minutes of the Adjourned Regular Meeting of January 26,
1977, be approved with the following amendment to,,Page 6, end of
second line following listing of sewer service charges: strike the
word "on" and insert the words "prior to." The motion carried by
the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES. None
ABSENT: None
Regular Meeting of February 2, 1977:
it was moved by Councilman Heckscher; seconded by Councilman
Sweeney that the Minutes of the Regular Meeting of February 2, 1977,
be approved as submitted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed to Executive Session at 7:16 P.M. for discussion
of a legal matter and reconvened at 7:22 P.M.
CLAIMS AGAINST THE CITY
1. MISSION HILLS RANCH, INC. VS. CITY
SETTLEMENT OF LAWSUIT AND APPROVAL OF
AGREEMENT REGARDING STREET ACCESS, TENTATIVE TRACT NO. 6381
(35) Mayor Nash announced that the City and Mission Hills Ranch, Inc.,
have reached a negotiated settlement of Superior Court Case
No. 294324 which excludes any payment by the City or its offi-
cials. Mayor Nash commended Councilman Heckscher, the City Manager,.
and the City Attorney for their efforts on behalf of the City.
The City's environmental planning policies and General Plan will
-be fully adhered to and were found to be legally sound.
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The developer is to receive approval of a tentative tract map
for the development of 180 units on 157 acres of land in the
northeast portion of the City, consistent with the General
Plan and in compliance with the Land Use Management Code, all
applicable laws, and planning and approval processes. Pursuant
to the Growth Management Program, construction will be phased
as follows:
1977 80 units
1978 60 units
1979 40 units
The development will provide recreational elements and open
space areas, preservation of the ridgeline in its natural state,
and an alternate access road other than Mission Hills Drive
which will connect with Rancho Viejo Road and be at no -cost to
the City.
Councilman Heckscher commented that it has been demonstrated
that the City's procedures are not only legal and constitutional,
but practical.
It was moved by Councilman Heckscher, seconded by Councilman
Friess and unanimously carried to ratify approval of the Agree-
ment dated February 15, 1977, between the City and Mission Hills
Ranch, Inc., which obligates the City to aid the developer in
gaining access through other properties to his approved project
by the exercise of its power of eminent domain, if necessary,
if the developer cannot reach agreement with the adjacent property
owners.
MOTION TO READ BY TITLE ONLY
it was moved by Councilman Sweeney, seconded by Councilman McDowell
and unanimously carried that all ordinances be read by title only.
BIDS, CONTRACTS, AGREEMENTS
1. TRAFFIC SIGNAL, PASEO ADELANTO/DEL OBISPO STREET
APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS
(82) Council received copies of a report dated February 16, 1977,
from the Director of Public Works requesting approval of plans
and specifications for the installation of a permanent traffic
.signal and improved highway lighting to replace the temporary
signal at the intersection of Paseo Adelanto and Del Obispo
Street. The estimated cost is $11,000; funds are allocated in
the 1976-77 Capital Projects budget, Gas Tax Fund 2106.
it was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to approve the plans and speci-
fications and authorize the City Engineer to advertise for bids
for the installation of a permanent traffic signal at the inter-
section of Paseo Adelanto and Del Obispo Street.
2. BERRA AGREEMENT, OCEAN OUTFALL -
PROJECT COMMITTEE NO. 5
(79) The Director of Public Works advised that the Agreements will
be submitted to the City Council at a later date.
PUBLIC HEARINGS
1. PERMIT FOR
DE LAS GOLONDRINAS PARADE,
CAPISTRANO FIESTA ASSOCIATION:
(61) Council received copies of a report dated February 16, 1977,
from George Alvarez, Secretary to the Traffic and Transportation
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Commission, forwarding the application for a permit for the
Annual Fiesta de las Golondrinas Parade filed by the Fiesta
Association. The parade is scheduled for Saturday, March 19,
1977, from 1:00 P.M. to 4:00 P.M. and will travel along
Camino Capistrano from San Juan Creek Road northerly to Calle
Chueca. The estimated cost for traffic control, sanitary
facilities, and Public Works personnel is $1,500; funds are
allocated in the 1976-77 Community Promotion budget. The
Director of Public Works also requested that the business
license fee be waived for this event, as has been done in the
past.
Notice having been given as required by law, Mayor Nash declared
---the Public Hearing open and asked if anyone in the audience
wished to address the Council. The following persons responded:
1. Richard Decker, President of the Fiesta Association,
25711 Avenida Pedregal, spoke in favor of the event and
advised that merchants in the southern part of the City
had requested the extension of the parade route.
2. Sergeant Wayne Miller, Orange County Sheriff's Department,
advised of precautions being taken with regard to. street
closures, traffic access and congestion, inconvenience
to motorists, emergency vehicles, coordination with other
agencies, spectator viewing and crowd control. Approximately
125 Sheriff's Department personnel will be assigned to the
Parade. It is anticipated that 60,000 people will view the
parade due to the fact that the event occurs on St. Joseph's
Day, the traditional day for the return of the swallows.
The parade w�ll be limited to 200 entries constituting
approximately 4,000 participants.
There being no one else wishing to address the Council, Mayor
Nash declared the Public Hearing closed.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the request for a
parade permit submitted by the San Juan -Capistrano Fiesta Asso-
ciation for Saturday, March 19, 1977, between the hours of
1:00 P.M. and 4:00 P.M.; the business license fee normally
required is waived for the event. Camino Capistrano will be
closed to vehicular traffic from San Juan Creek Road to Calle
Chueca during the hours of the parade.
2. RESOLUTION ESTABLISHING LA NOVIA AVENUE
TRECISE ALIGNMENT
(83) Council received copies of a report dated February 16, 1977,
from the Director of Public Works advising that a public hear-
ing by the Planning Commission is required prior to Council
consideration of the matter.
Notice having been given, Mayor Nash opened the Public Hearing
and inquired if anyone in the audience wished to address the
Council. There being no response, Mayor Nash closed the Public
Hearing; and, with the concurrence of the Council, continued
the Hearing to Wednesday, March 2, 1977, at 7:00 P.M. in the
City Council Chamber.
Councilman Friess requested that staff investigate the possi-
bility of designating the area containing the eucalyptus trees
as City property for future protection, The site is in the vicin-
ity of the intersection of San Juan Creek Road and La Novia
Avenue.
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2/16/77
- L
TION OF PETITIONS PROTESTING
(68) Al Arps, 32802 Valle Road, addressed the Council and stated
that he had petitions containing 1,327 signatures representing
16.5% of the City's registered voters. The petitions protest
the adoption of Ordinance 316, establishing an Agricultural
Preservation Fee; and, petition that the said ordinance be
reconsidered and/or be rescinded; and, that the City Council
refrain from establishing said fee until the question is sub-
mitted to the voters in an election.
Mr. Arps stated that Councilman Friess had made a public state-
ment that he would reconsider his vote on the ordinance if
10 - 15% of the people were against it. Councilman Friess stated
that he had agreed that if it were demonstrated that 10 - 15%
of the registered voters of the community were not in favor of
the ordinance, he would then consider that as a request to have
the matter put to the voters and that the next step in the
process would be to establish whether or not that percentage
of the registered voters of the community are represented.
Debate between Mayor Nash, Council Members and Mr. Arps ensued,
and Mayor Nash called for a recess at 8:18 P.M. Council recon-
vened at 8:30 P.M.
With the consensus of the Council, Mayor Nash directed that if
the petitions are presented, the City Clerk be directed to
verify the signatures with the affidavits on file at the office
of the Orange County Registrar of Voters and that a report on
the legal implications of the petitions b- submitted to Council
at the meeting of March 16, 1977. Mr. Arps presented the peti-
tions to the City Clerk later in the evening.
The following persons addressed the Council in opposition to the
petitions presented:
1. Michael Berns, 26921 Canyon Crest Road, representing Town
Hall Association.
2. Bruce Church, President, San Juan Alliance of Homeowners.
The following persons addressed the Council in support of the
petitions protesting adoption of Ordinance 316:
1. Mary Ann Porter, 31472 Oro Place.
2. Ed Clark, 32302 Alipaz Street.
3. C.C. McCary, 31501 La Matanza.
4. Lou Conter, 32022 Paseo de Hermosa.
5. Joe St. Jean, Mission Bell Ranch.
6. Don Moore, 31781 Aguacate Road.
RESOLUTIONS
1. SEWER SERVICE CHARGES AND SEWER HOOK-UP FEES
(80) Council received copies of a report dated February 16, 1977,
from the Director of Public Works forwarding copies of a pro-
posed resolution to establish sewer service charges and sewer
hook-up fees. Forwarded also were charts setting forth per-
centages of sewage generated per living unit, rate schedule,
and local costs of service. The recommended monthly rates are:
residential, $4.30; mobile homes, $2.10; multiple unit, $3.00.
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4_57
Councilman Friess suggested that the base rate usage factors
be utilized in establishing monthly rates which would be
lower than those recommended by staff; fund insufficiencies
would be made up from other sources.
Mayor Nash stated that he is opposed to the present resident
paying for unneeded sewer capacity and suggested that each of
the rates be reduced a proportionate amount with the future
capacity applied to increased sewer hook-up fees. The rates
recommended by Mayor Nash are: residential, $3.90; mobile
homes, $1.90; multiple unit, $2.70; increase in sewer hook-up
fees, $70.00.
With the consensus of the Council, Mayor Nash directed that
staff prepare a report on the suggested fees and charges for
Council consideration.
CONSENT CALENDAR
After clarification of an item on the Planning Commission Report, it
was moved by Councilman McDowell; seconded by Councilman Sweeney
that the staff recommendations be accepted with regard to all itelas
listed on the Consent Calendar. The motion carried by the following
vote:
AYES. Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES- None
ABSENT: 9nne
1. APPROVAL OF WARRANTS
(41) The List of Demands dated February 16, 1977, Warrants Nos. 9078
through 9172, inclusive, and 1911 Act Account Warrants Nos,
0196 and 0197, in the total amount of $111,014.01, are approved
as submitted.
2. CITY TREASURER'S REPORT OF
(41) The City Treasurer's Report of Investments as of January 31,
1977, is approved as submitted.
3
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies as
of January 31, 1977, is approved as submitted.
4. CITY TREASURER'S REPORT OF FUND CASH BALANCES AS OF
DECEMBER 31, 1976
(41) The City Treasurer's Summary Statement of Fund Cash Balances
for the six month period ending December 31, 1976, is approved
as submitted.
5. REPORT OF PLANNING COMMISSION MEETING OF
(67) The Report of Actions taken by the Planning Commission at their
meeting of February 8, 1977, is ordered received and filed.
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nwo
NG OF
(23) The Report of Actions taken by the Cultural Heritage Commission
at its regular meeting of February 1, 1977, is ordered received
and filed. I
7.
(85) The Easement Deed for street purposes granted to the City by
Orange County Waterworks District No. 4 is accepted and the
City Clerk is directed to forward the Deed to the Orange County
Recorder for recordation. The perpetual easement is granted so
that the developer of Tract 9682 may complete the improvement
of Calle Ricardo.
RECESS AND RECONVENE
Council recessed at 9:00 P.M. and reconvened at 9:25 P.M.
SUBDIVISIONS AND ANNEXATIONS
1. TENTATIVE TRACT 9578 -
(21) Council received copies of a report dated February 16, 1977,
from the Director of Planning forwarding the recommendation of
the Planning Commission with regard to Prezone 76-13. At their
meeting of December 15, 1976, the Council requested considera-
tion of total ES (Small Estate) zoning for the property and
possible conflicts between equestrian and other uses within the
development. The Commission has recommended that the area be
zoned RS (Single Family Residential) with ES lot sizes; eques-
trian uses would not be allowed since the property could not be
adequately serviced by the Master Plan of Equestrian Trails due
to its location. The Director of Planning advised that the City
would not be precluded from connecting the trail system at a
later date. The allocation of building units pursuant to the
Growth Management Program would be addressed at the time of
annexation.
Preliminary Approval of Prezone 76-13 as modified:
The City Attorney read the title of the Ordinance next in order.
Further reading of all ordinances bad been waived earlier in
the meeting. It was moved by Councilman McDowell and seconded
by Councilman Sweeney that the following Ordinance, being:
ORDINANCE NO. 318, PREZONE 76-13 (MOGAN) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING PREZONE 76-13 FROM A-1
(GENERAL AGRI*CULTURE, ORANGE COUNTY DESIGNATION)
TO RS (SINGLE FAMILY) AND 70 RS (20,000) FOR
APPROXIMATELY 16+ ACRES LOCATED WITHIN THE CITY'S
SPHERE OF INFLUENCE
be introduced. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Reckscher, and Mayor Nash
NOES: None
ABSENT: None
Application for Annexation:
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried that the applicant be required
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to submit an application to the Local Agency Formation 4 -
Commission for annexation to the City within 90 days.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried that, in order to allow review
of the proposed tentative tract map prior to final action on
the prezone request, Ordinance No. 318 will not be adopted
until Tentative Tract Map 9578 has been approved.
2. DIVISION OF LAND 76-13 (KING)
(85) Council received copies of a report dated February 16, 1977,
from the Director of Planning forwarding the recommendation
made by the Planning Commission at its meeting of January 25,
1977, that Division of Land 76-13 be approved subject to con-
ditions. The proposal is for a subdivision of -approximately
5.8 acres of land located on McCracken Hill into 4 residential
-,_,lots. The developer is Chuck King Homes, Inc., 26944 Camino de
Estrella, Capistrano Beach.
It was moved by Councilman Heckscher and seconded by Councilman
Friess that Division of Land 76-13 be approved, subject to the
findings and conditions specified in Planning Commission Reso-
lution No. PC 77-1-25-3. The motion carried by the following
vote:
AYES: Councilmen McDowell, Friess, Heckscher, and
Mayor Nash
NOES: None
ABSTAIN: Councilman Sweeney, as owner of property in the
vicinity of the division of land.
ABSENT: None
ADMINISTRATIVE ITEMS:
DIRECTOR OF ADMINISTRATIVE SERVICES/ASSISTANT CITY MANAGER
1. LEASE OF SEWAGE TREATMENT CAPACITY TO
SANTA MARGARITA WATER DISTRICT -
USE OF FUNDS FOR LOWERING CITY TAX RATE
(79) Council received copies of a report dated February 16, 1977,
from Mr. O'Sullivan recommending that the funds realized from
the lease of sewage treatment capacity to the Santa Margarita
Water District be utilized for a reduction in the property tax
rate generated for payment of interest and redemption of 1964
sewer bonds. Projections of probable lease revenue and assessed
value with feasible tax rate reductions were set forth in the
report.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that the funds be used to
lower the Bond Redemption and Interest tax rate.
DIRECTOR OF PLANNING
1. PREPARATION OF REVISIONS TO LAND USE MANAGEMENT CODE,
ORDINANCE NO. 293
(55) Council received copies of a report dated February 16, 1977,
from the Director of Planning forwarding the recommendation of
the Planning Commission that general text amendments and ridge -
line preservation amendments to Ordinance No. 293, the Land
Use Management Code, be prepared.
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0 it was moved by Councilman Sweeney,
Heckscher and unanimously carried to
77-1 and 77-2 to Ordinance No. 293,
sions and the addition of ridgeline
2. DEL OBISPO STREET/AGUACATE ROAD IMPR
seconded by Councilman
initiate Code Amendments
consisting of text revi-
preservation requirements.
(83) Council received copies of a report dated February 16, 1977,
.from the Director of Planning regarding the proposed realign-
ment of the curve at the intersection of Del Obispo Street and
Aguacate Road. The Planning Commission recommends acceptance
of the Environmental Impact Report and has found the project
to be in substantial conformance with the General Plan.
Councilman Heckscher stated that he could not support the find-
ings of the Commission regarding the designation of Aguacate
Road as a "Potential Alternate Secondary Highway" and requested
that the matter be reconsidered by the Planning Commission. The
-----Director of Public Works advised that Del Obispo Street and
Aguacate Road are shown as arterials in the General Plan and that
such designations will be more precisely defined in the Amend-
_,ments to the General Plan Circulation Element which are being
formulated; those Amendments to be presented for Council con-
sideration in October or November of this year.
With the consensus of the Council, Mayor Nash directed that the
existing.street designations stand based on Council review of
General Plan street designations in approximately 9 months.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to find that the Environmental
Impact Report prepared for the Del Obispo Street/Aguacate Road
curve realignment project is adequate.
3. COUNTY TERRITORY -
'9EAR BRAND RANCH PARCEL 5A
(21) Council received copies of a report dated February 10, 1977,
from the Director of Planning regarding the zoning of approxi-
mately 89 acres of land at the west City limits in County terri-
tory known as Bear Brand Ranch. Mr. Merrell recommended that the
matter be considered at the Council meeting of March 2, 1977.
It was moved by Councilman McDowell, seconded by Councilman
Heckscher and unanimously carried to receive and file the report
and list the matter again for report and recommendation on
March 2, 1977.
Councilman Sweeney stressed his concerns with access to the
property through Calle Ricardo and Calle Aspero. Mr. Sweeney
suggested that provision for alternate access be addressed since
residents of the Sun Ranch area will bear the burden of traffic
from the County development. Conditions for participation in
future street light installation at Del Obispo Street should
also be considered.
Mayor Nash noted that the developer is not requesting that the
City provide sewer or water service; if City streets are opened
to the development, that may constitute providing a service.
Councilman Heckscher suggested the City consider annexing the
entire area; the Director of Planning advised that in order to
do so, the City would need the consent of the owner of 50% of
the assessed value of the land in question.
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4. REQUEST FOR APPROVAL OF OFF SALE
461
(27) Council received copies of a report dated February 16, 1977,
from the Director of Planning regarding the request submitted
by Charles Vermeulen, 11591 Cielo Place, Santa Ana, for
approval of beer and wine sales at the Ranch Market located
at 32382 Del Obispo Street. Council had approved the expansion
of the market on October 2, 1974, in order to encourage the
preservation and use of agricultural land.
Staff has recommended approval of the request in conjunction
with the initiation of a zone change to CN for the market prem-
ises, only.
The Director of Planning advised that if the land is designated
for agricultural use by a proposed General Plan Amendment to be
considered in the near future, the suggested zone change to CN
(Neighborhood Commercial) may not be necessary since there
would be no residential development.
It was moved by Councilman McDowell and seconded by Councilman
Sweeney to approve the sale of beer and wine at the Vermeulen
Ranch Market and direct staff to defer the zone change until
after the General Plan Amendment. .
It was moved by Councilman Heckscher and seconded by Councilman
Friess that the above motion be tabled until such time as the
issue of the zoning of the entire area is appropriately dic-cus-
sed through the General Plan Amendment. The motion carried by
the following votc:
AYES: Councilmen Friess, Heckscher, and Mayor Nash
NOES: Councilmen Sweeney and McDowell
ABSENT: None
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. 1976-77 FISCAL BUDGET CAPITAL PROJECTS LIST
(24) Council received copies of a report dated February 16, 1977,
from the Director of Public Works requesting the release of
funds for budgeted capital projects requiring final Council
approval, pursuant to Resolution 76-6-30-1. Forwarded also was
a List of Capital Projects, Fiscal Year 1976-77, which, for
administrative purposes, includes some projects previously released.
It was moved by Councilman McDowell, seconded by Councilman
Heckscher and unanimously carried that the following General
Fund projects set forthin the List of Capital Projects, Fiscal
Year 1976-77, be approved:
General Fund Project
Budgeted Amount
Descriptio ,
Ortega Equestrian
$40,000
Design approval to
Underpass
insure coordination
with Maurer tracts.
Funds will not be
expended for
construction,
Records Management
$150600
Microfilming of
City documents.
Bicycle Trails
$40,000
Design and imple-
(San Juan Creek)
mentation of first
phase of bicycle
trail of San Juan
Creek
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2/16/77
462 General Fund Project Budgeted Amount Descriptio
Building Addition
City Code
Major Street Repairs
$50,000
$ 61000
Remodel of City Hall
to accommodate per-
sonnel requirements.
Codification of City
ordinances.
$30,000 Curb, parking lot,
sidewalk, and street
repairs to existing
facilities.
It was moved by Councilman McDowell, seconded by Councilman
Reckscher and unanimously carried that the following Drainage
Fund projects set forth in the List of Capital Projects, Fiscal
Year 1976-77, be approved:
Drainage Fund Budgeted Amount Descriptio
Master Plan Revision $ 10,000 To accommodate de-
creases in General
Plan densities.
Camino Del Avion $1000000 Design funds released,
Phase I tentative CEFCAC
Agreement provides
for $25j000 partici-
pation by City,
$75,000 by County.
It was moved by Councilman McDowell, seconded by Councilman
Heckscher and unanimously carried that the following Park and
Recreation Fee project set forth in the List of Capital Projects,
Fiscal Year 1976-77, be approved:
Park and Recreation Fees Budgeted Amount Description
Cook Park Design and $ 50,000 Design to be commenced
I in the near future.
It was moved by Councilman McDowell, seconded by Councilman
Heckscher and unanimously carried that the following Gas Tax
Funds project be approved:
Gas Tax Funds Budgeted Amount Descriptio
Pasco Adelanto - Del $ 181000 Construction of per -
Obispo Street Signal manent signals.
It was moved by Councilman McDowell, seconded by Councilman
Heckscher and unanimously carried that the following Sewer
Enterprise Funds projects be approved:
Sewer Enterprise Funds Budgeted Amount Descriptio
Major Repairs and $ 30,000 Minor expenditures
Inspection anticipated but emer-
gency funds may be
required.
Update Master Plan $ 10,000 To accommodate de
creases in General
Plan densities.
Calle Aspero Project:
It was moved by Councilman Sweeney and seconded by Mayor Nash
that the Calle Aspero Project, with a General Fund budget of
_10- 1 2/16/77
463
$20,000, be included in the approved projects. The motion
failed by the following vote:
AYES: Councilman Sweeney and Mayor Nash
NOES: Councilmen McDowell, Friess, and Heckscher
ABSENT: None
Ortega Highway Improvements:
It was moved by Councilman Heckscher and seconded by Councilman
McDowell that the $100,000 in Gas Tax Funds budgeted for improve-
ments to the Ortega Highway remain in the budget until such time
as Cal Trans or other State matching funds are available. With
the concurrence of the second, the motion was subsequently
withdrawn.
Del Obispo Street/Aguacate Road:
It was moved by Councilman Sweeney and seconded by Councilman
Friess that the following project be approved:
Gas Tax Funds Budgeted Amount Descriptio
(2106 & 2107) 1
Del Obispo Street/ $ 85,000 Possible Arterial
Aguacate Road Highway Financing
Project
The -motion carried by the following vote:
AYES: Councilmen Sweeney, Friess, and Mayor Nash
NOES: Councilmen McDowell and Heckscher
ABSENT: None
Valle Road Sewer Line:
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried that the name "McCracken Hill"
Sewer Enterprise Fund be changed to "Valle Road" and that the
following project be approved:
Sewer Enterprise Fund Budgeted Amount Description
Valle Road $ 37,000 Extension of sani-
tary sewers under
the Freeway to
Valle Road.
Sacarama/Aguacate Road Sewer Line:
It was moved by Councilman Sweeney and seconded by Councilman
Beckscher that the following project be approved for the public
health and safety:
Sewer Enterprise Fund Budgeted Amount Description
Sacarama/Aguacate $ 53,000 Extension of sewers
through Aguacate
ravine or Aguacate
Road to serve area
I between Sacarama
and Aguacate-Road.
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Heckscher,
and Mayor Nash
NOES: Councilman Friess
ABSENT: None
_11- 2/16/77
464 It was moved by Councilman McDowell; I seconded by Councilman
Heckscher that the following Resolution reflecting the above
Council actions be adopted:
RESOLUTION NO. 77-2-16-1, APPROVAL OF CAPITAL PROJECTS,
1976-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FINAL
CONCEPT APPROVAL OF BUDGETED CAPITAL PROJECTS FOR
PISCAL YEAR 1976-77
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
COUNCIL REMARKS
1. -SCHOOL ATTENDANCE BOUNDARIES
(78) Councilman Friess advised that the Capistrano Unified'School
District Board of Trustees had established the attendance
boundaries for the new Capistrano Valley High School; all students
in the City will attend the new school except for those residing
in.,Alto Capistrano and in the Troy Homes/Mission Bell areas.
2. NATURAL GAS HEATING OF SWIMMING POOLS
(90) Councilman McDowell noted that there appear to be conflicting
statements issued regarding the use of natural gas for heating
of swimming pools. The City Clerk advised that discussions with
the gas company had clarified that'pool heaters may be left on
when swimming is for therapeutic purposes; if there is an alleged
violation of Public Utility Commission orders to reduce gas
consumption, gas users will be notified by the utility company
and will have an opportunity to respond.
3. SWALLOW NESTING PLACES
(57) Councilman Sweeney noted that the swallow nesting place
authorized by previous Council action had not been built and
requested that construction be completed prior to March 19, the
traditional date for the return of the swallows.
4. PROPOSED ACQUISITION OF MINI PARK
(62) Councilman Sweeney requested that staff provide a report on the
feasibility, including costs, of the City acquiring the Mini Park
and adjacent property on Camino Capistrano. Mr. Sweeney suggested
that, with th6 surrounding historic buildings, a public plaza
park would be appropriate.
5. PUBLIC RELATIONS -
INFORMATION ASSISTANCE
(68) Councilman Sweeney requested that staff provide an informational
sheet in order to assist the public with inquiries relating to
commercial and residential zoning regulations and zone designa-
tions. Mr. Sweeney also requested receipt of a report on staff
response to public inquiries.
RECESS AND RECONVENE
Council recessed to executive session at 11:20 P.M., the City Clerk
being excused therefrom, and reconvened at 11:28 P.M.
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ADJOURNMENT 465
There being no further business before the Council, the meeting was
adjourned at 11:30 P.M. to the next regular meeting date of Wednesday,
March 2, 1977, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
ATTEST:
DOUGLAS B��SH, MAYOR
MARY AN I N HrVER, CITY CLERK
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