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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. -1- 2/16/77 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 -2- 2/16/77 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. -3- 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. -4- 2/16/77 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. -5- 2/16/77 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 -6- 2/16/77 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. -7- 2/16/77 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. -8- 2/16/77 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 -9- 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. -12- 2/16/77 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 -13- 2/16/77