98-0203_CC_Minutes_Regular Minutes0S1
FEBRUARY 3, 1998
' 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:
Pursuant to Government Code Section 54956.8, The City Council Will Meet With Its
Negotiator (City Manager) to Receive A Status Report From Its Negotiator Regarding The
Price And Terms of Conditions of a Possible Sale of City -owned Land Known as The
Southerly YMR Parcel, Located at The Southwest Comer of Camino Capistrano And
Stonehill (a portion of APN 121-254-40)
RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT
AGENCY MEETING UNTIL. 7:00 P.M. BUSINESS SESSION.
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Ruth Tomlinson, Seminarian, St. Margaret of
Scotland Episcopal Church.
ROLL CALL: PRESENT: Gil Jones, Mayor
Collene Campbell, Council Member
David M. Swerdlin, Council Member
Wyatt Hart, Council Member
ABSENT: John Greiner, Director
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager;
John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative
Services Director; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and
Building Director; Al King, Community Services Director; Lt. Paul Sullivan, Chief of Police Services;
Gillian E. Rampley, Recording Secretary.
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Mayor Jones advised there was no action to report.
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RECOGNITION OF LONG TERM EMPLOYEES (730.90)
Douglas Dumhart, Senior Management Analyst II, Alberto Morales, Maintenance Worker,
and Julia Rushing, Personnel Administrator, were each recognized for 10 years of service to
the City. Douglas Dumhart and Julia Rushing were in attendance to receive plaques. Elaine
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Tracy, Recreation Coordinator, was recognized for 15 years of service to the City and was
present to receive her plaque.
Council Member Hart introduced the following persons in attendance: Joann de Guevara
(Housing Advisory Committee); Bill Hardy (Cultural Heritage Commission); Ed Johnson
(Planning Commission); Al Simmons, Seniors Liaison to the City.
ORAL COMMU/
(930.40/530.40)
Wendy Teddiman, 30552 Hunt Club Drive, felt that the 4 acres designated for the Fran
Joswick Therapeutic Riding Center should remain available for that facility. She requested
that the City Council consider adding an additional six acres to the six acres already allotted
to equestrian uses under the General Plan for the open space area. She noted that if only six
acres were used, less than half the horses currently at Creekside could be accommodated, any
facility built to stable the horses would have to charge exorbitant prices because of the
limitations on numbers housed, and the property set aside for equestrian uses was at the
mercy of erosion currently which could reduce the already limited space. Also, she
questioned the designation of a pond area on the General Plan, and inquired as to who would
maintain and hold liability on that area.
Sandy Bike, 30552 Hunt Club Drive, expressed concern about rumors that the acreage had
already been promised to someone prior to the Proposal process and that the process was
only an exercise. She stated that Ron Hanson of Sycamore Stables had the experience and
skills to effectively run a new stable and he would be willing to submit a proposal if the
amount of land available would support a profitable operation.
In response to Council Member Campbell, the City Manager advised that there was a water
feature designated in the Open Space Master Plan included as part of the interpretive center.
He went on to emphasize that the Request for Proposal had been available as of January 30th;
it was an open process; and, no one had been selected. He further emphasized that the City
was trying to proceed with all speed because of the urgency of the situation. Council Member
Hart stressed that the Request for Proposal process was a public process open to the public
at all phases.
CONSENT CALENDAR
It was moved by Council Member Swerdlin, 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:
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AYES: Council Members Campbell, Hart, Swerdlin and Mayor Jones
NOES: None
ABSENT: Council Member Greiner
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF • 1► 1_ MINUTES - REGULARMEETING OF
JANUARY 6- ..•
The Minutes of the Regular Meeting of January 6, 1998 were approved as submitted.
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The List of Demands dated January 6, 1998 in the total amount of $1,190,034. 11 was ordered
received and filed.
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR SEPTEMBER 1997
AND OCTOBER 1997 (330.50)
The Cash Balances by Fund Report for September 1997 and October 1997 was ordered
received and filed.
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As set forth in the Report dated February 3, 1998 from the Director of Engineering and
Building, the plans and specifications were approved and Staff was authorized to receive bids
for the slurry seal of City streets in the Stoneridge Estates, Capistrano Royale and Country
Hills Estates developments, and Paseo Adelanto.
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As set forth in the Report dated February 3, 1998 from the Administrative Services Director,
the Agreement with the Orange County Retirement System for Supplemental Benefits from
the Additional Retirement Benefits Account was approved.
The following item was removed from the Consent Calendar at the request of Council Member
Swerdlin:
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Written Communications:
Report dated February 3, 1998 from the Public Works Director advising that the Bear Brand
Booster Station, which provides water to the Peppertree Bend area, had no backup source
of power in the event of a power outage. Phase 1 modifications included preparation of a
design report evaluating various options; Phase 2 would consist of preparation of project
plans and specifications based on the option selected. Three alternatives had been presented;
an interconnection with the Moulton Niguel Water District was recommended as the best
option. The report noted that the cost of the recommended option was significantly higher
than the other alternatives but provided the greatest benefit due to a higher fire flow rate and
duration, avoiding major construction on Sacarama Lane, a lower cost to provide water, the
elimination or delay of the need to construct reservoir storage, and elimination of operation
and maintenance costs associated with an engine -driven unit. The proposed Amendment to
the Design Services Agreement would provide an additional $46,622 for additional Phase 2
design tasks associated with the recommended option.
Continuation of Item:
Stating a need to meet with the Public Works Director regarding the item, Council Member
Swerdlin moved to continue the item to the meeting of February 17, 1998. The motion was
seconded by Council Member Hart and unanimously carried, with Council Member Greiner
absent.
PUBLIC HEARINGS
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Proposal:
Consideration of a proposed general plan amendment, zone change, tentative tract map, and
subdivision waiver. This item was continued from January 6, 1998.
Written Communications:
Report dated February 3, 1998 from the Planning Director recommending that the City
Council continue consideration until the February 17, 1998 City Council meeting, at the
request of the applicant, to allow revisions to the tentative tract map based on the January 26,
1998, worksession.
Continuance of Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing. There
being no response, it was moved by Council Member Campbell, seconded by Council Member _
Swerdlin, and carried unanimously, to continue the Hearing to the meeting of February 17,
1998.
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Written Communications:
Report dated February 3, 1998 from the Public Works Director advising that the Bear Brand
Booster Station, which provides water to the Peppertree Bend area, had no backup source
of power in the event of a power outage. Phase 1 modifications included preparation of a
design report evaluating various options; Phase 2 would consist of preparation of project
plans and specifications based on the option selected. Three alternatives had been presented;
an interconnection with the Moulton Niguel Water District was recommended as the best
option. The report noted that the cost of the recommended option was significantly higher
than the other alternatives but provided the greatest benefit due to a higher fire flow rate and
duration, avoiding major construction on Sacarama Lane, a lower cost to provide water, the
elimination or delay of the need to construct reservoir storage, and elimination of operation
and maintenance costs associated with an engine -driven unit. The proposed Amendment to
the Design Services Agreement would provide an additional $46,622 for additional Phase 2
design tasks associated with the recommended option.
Continuation of Item:
Stating a need to meet with the Public Works Director regarding the item, Council Member
Swerdlin moved to continue the item to the meeting of February 17, 1998. The motion was
seconded by Council Member Hart and unanimously carried, with Council Member Greiner
absent.
PUBLIC HEARINGS
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Proposal:
Consideration of a proposed general plan amendment, zone change, tentative tract map, and
subdivision waiver. This item was continued from January 6, 1998.
Written Communications:
Report dated February 3, 1998 from the Planning Director recommending that the City
Council continue consideration until the February 17, 1998 City Council meeting, at the
request of the applicant, to allow revisions to the tentative tract map based on the January 26,
1998, worksession.
Continuance of Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing. There
being no response, it was moved by Council Member Campbell, seconded by Council Member _
Swerdlin, and carried unanimously, to continue the Hearing to the meeting of February 17,
1998.
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Proposal:
Consideration of a request to establish a gated neighborhood and adoption a resolution
vacating Village Road. The public hearing was set by City Council Resolution on January 6,
1998.
Written Communication:
(1) Report dated February 3, 1998 from the Director of Engineering and Building,
recommending conceptual approval of the gated neighborhood and vacation of
Village Road. The Report noted that the Village San Juan Homeowners Association
proposed to place a gate with security arms at the main entry, with a secondary access
gate at Trabuco Creek Road, for use by residents only. As a condition to establishing
the gate -guarded neighborhood, the City must vacate Village Road, which would then
become a private street under the jurisdiction of the Village San Juan Homeowners
Association. The proposed gated area consists of 13 tracts, and the application
contained written support of more than 75 percent of the property owners in favor of
the gated neighborhood.
(2) Letter dated 2/2/98 from Mark and Lisa Grogan opposing the proposed Gated
' Community.
(3) Letter dated 2/1/98 from Maryann Tucker, 26451 Evergreen Road opposing the
proposed gate and the vacating of Village Road.
(4) Memorandum dated February 2, 1998 from the Director of Engineering and Building,
noting that on January 6th Council had asked the Homeowners Association to re -
verify the support for the gate. To date only 46% of the signatures in support of the
gated community had been received and verified by the Engineering Department and,
therefore, it was recommended that the Public Hearing be continued to March 3 to
allow the Homeowners Association Board to complete their petition submittal and to
allow time to clear up outstanding questions of their members.
Mr. Huber, Director of Engineering and Building, gave an oral presentation.
Public Hearin:
Notice having been given as required by law, Mayor Jones opened the Public Hearing and the
following persons responded:
1. John Tappero, 26325 Marina Road, a past president of the Townhome Association,
spoke in favor of the proposal. He stated that taxpayer monies would be saved when
the Homeowners Association took over Village Road, creating a win-win situation
for the City and the Community.
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2. Joann Reis, 26286 Roundtree Court, opposed the vacation of the street. She
expressed concern that the property owners had not been informed of the cost of —
street maintenance and, before voting residents should be fully informed regarding
both the costs and consequences of taking over the street. She further indicated
opposition to installation of a gate.
Raymond Fauth, 26286 Roundtree Court, spoke in opposition to the proposed street
vacation and gate installation, noting that the Homeowners Board had stated that the
costs would not be known until after the Public Hearing.
4. Dean Steinke, 26501 Park Circle, President of the Homeowners Association, noted
that the Association already maintained 38 streets within the development and
maintaining this additional street would not be a burden. He noted that Association
fees had already been increased to cover any additional costs and the Association had
a reserve for maintenance. He explained the delay in obtaining petition signatures
because of the large number of non-resident property owners who had to be
petitioned by mail. He noted that in three weeks, over 56% had responded in favor
and felt sure that the remaining signatures would be obtained prior to the next Public
Hearing. He also stated that the proposed gate would not solve all problems within
the development but that each step taken, such as increased lighting and security,
contributed to a reduction in problems and assisted the residents in controlling their
property.
5. Mark Grogan, 26385 Shadybrook, advised the Council of his strong opposition to the
proposal. He felt property owners had been misled by their Association Board and
felt that the mailing to owners, which required return only if there was a yes vote, did
not allow those opposed to register their opposition.
In response to Mayor Jones, the City Manager explained that the City had developed a policy
for establishing a gate -guarded community which required 75% of property owners to sign
a petition approving such a move. Mr. Huber, Director of Engineering and Building, noted
that the 75% was a benchmark, not an absolute, allowing the City the ability to approve if the
community had an overwhelming commitment.
6. Gary Tinnes, 29286 Edgewood, a resident in Village San Juan for 22 years, told the
Council that, after attending the Homeowners Association meeting in January, he had
personally polled three streets, which involved visiting 30-35 homes, out of which 32
had signed a petition in favor of the proposal.
Mary Noonan, 26425 Brookfield Road, spoke in favor of the gate installation, noting
that she spoke as a mother of three children wanting the safest environment for her
family.
Continuation of Public Hearing:
There being no further response, it was moved by Council Member Campbell, seconded by
Council Member Hart, and carried unanimously, to continue the Hearing until March 3, 1998.
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3. REVIEW OF INTENDED USE OF •_ FROM I
DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT
" • (600.50
Written Communication:
Report dated February 3, 1998, 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 $33,472, from the US Department of Justice. The City must
contribute 10% matching funds to the program. The Report advised that the Local Law
Enforcement Block Grant Program South Orange County Contract Cities Advisory
Committee met on October 10, 1997 to discuss options for the use of the funds; it was
recommended and accepted that the City of San Juan Capistrano utilize its funds for
additional overtime patrols, police equipment and drug court funding.
Lt. Sullivan made an oral presentation, noting that this was the second consecutive year for
the funds and further noting that last year the funds had been used to increase alcohol
enforcement patrols, to increase security at the library and for the drug court. He advised that
the department recommended the funds be used to: (1) Continue drug court funding, noting
that a second drug court was to be added; (2) To purchase a laser radar gun for traffic
officers; and, (3) To purchase laptop computers for patrol officers to allow preparation of
' reports in the field, thus enabling patrol cars to be in the community for more hours each day.
He introduced Judge Lindley, from the drug court, who thanked the City for its support and
described the drug court goals and operations.
Public Hearin:
Notice having been given as required by law, Mayor Jones opened the Public Hearing and the
following persons responded:
(1) Jim Hofsky, 27571 Silver Creek Drive, spoke in opposition to the purchase of the
laser radar gun. He stated that visibility of police officers was a better deterrent to
speeding drivers. He particularly complained about the stationing of an officer at the
bottom of Highland Drive, a street with a steep grade and a low speed limit. He felt
that radar enforcement is used as a revenue generator. He stated additional
opposition to the purchase of laptop computers, stating that he has seen officers
congregating at the bridge at El Homo, thus they must have enough time to write out
their reports.
Lt. Sullivan noted that complaints of speeding on Highland had been received. He indicated
that preventative patrol time was not as high as he would like because of enforcement
activities; it was hoped use of the computers would result in more patrol time.
' Council Member Hart noted that he had received complaints about the difficulty in
maintaining the posted limit on the downhill grade and asked if that could be reviewed. Mr.
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Scarborough advised that the speed survey for that street would be reviewed and staff would
report back.
(2) Christy Hofsky, 27571 Silver Creek Drive, also addressed the Council, telling them
that she had noted a police officer at the Highland location both on her way to, and
on her return from, school. She opposed the use of radar and the purchase of laptop
computers, advocating the need for handwriting practice for all persons, including
patrol officers.
There being no further response, Mayor Jones closed the Public Hearing with the right to re-
open at any time.
Approval of Budget Adiustment:
It was moved by Council Member Hart, seconded by Council Member Campbell and
unanimously carried to approve the necessary budget adjustment of $3,347.00 to permit the
intended use of Grant Funds as recommended by the Chief of Police Services.
RECESS AND RECONVENE
Council recessed at 8:09 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and Capistrano Valley Water District and reconvened at 8:11 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
CONSIDERATION OF APPROVAL OF ADVANCED LIFE SUPPORT FEE BY
THE ORANGE COUNTY FIRE AUTHORITY (560.40)
Written Communications:
Report dated February 3, 1998 from the City Manager recommending approval of the
establishment of an Advanced Life Support Fee by the Orange County Fire Authority. The
fee would be paid by users of the paramedic services on a per -call basis. This would provide
a predictable revenue source for the Fire Authority to offset a real cost of service and would
allow for emergency transport service to continue to be provided by private sector ambulance
companies. Additionally, it would allow the cost of the service to transfer to the insurance
industry, rather than remain as a cost to taxpayers.
Mr. Scarborough made an oral presentation in which he stated that a similar fee for users of
paramedic services was common in other counties and would transfer the burden of payment
from the taxpayer to the user of the service.
Approval of Fee for Paramedic Services:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, and
unanimously carried, that the establishment by the Orange County Fire Authority of an
Advanced Life Support Fee in the amount of $184.41 for each paramedic transport patient —
be approved.
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Written Communications:
(1) Report dated February 3, 1998 from the Assistant City Manager recommending
approval of the request for a proposal process to select emergency ambulance
transport services for the City of San Juan Capistrano. The current agreement with
Medix Ambulance had been extended to June 30, 1998, to allow resolution of the
issue between the Fire Authority and the Orange County Ambulance Association
regarding paramedic transport services. The Report advised that implementation of
the reimbursement fee for paramedic services resolved the issue and solicitation of
emergency medical transport services could now begin.
(2) Letter from Medix Ambulance Service, dated February 3, 1998, highlighting areas of
disagreement with the Request for Proposal, but indicating overall support for the
process with those noted items.
Dr. Murray made an oral presentation, and advised that the proposal process would be
administered by the Orange County Fire Authority. She introduced two members of the
Orange County Fire Authority, Hugh Wood and Mike McCoy, who were available for
questions.
Council Comments:
Council Member Campbell expressed her appreciation to Medix Ambulance, noting that she
had personal experience with their service, which had been excellent. She also thanked the
members of the Fire Authority for attending. Council Member Hart asked if the City would
retain the right to decide upon the service provider for the City. D.r Murray advised that it
would.
Council Member Swerdlin asked if the clause in the RFP document regarding contact with
the Council by the bidder during the bidding process was enforceable. The City Attorney
advised that contact would be at the discretion of the Council but the clause was included as
a recognition of the process where certain lobbying tactics could be used by companies trying
to contract with the member jurisdictions. Council Member Hart felt that the clause and its
requirements helped to eliminate any appearance of impropriety.
Approval of Request for Proposal Process:
It was moved by Council Member Hart, seconded by Council Member Campbell, and carried
unanimously to approve the Request for Proposal for the solicitation of Emergency Medical
Transportation and Related Services.
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COMMUNITY SERVICES DIRECTOR
CONSIDERATION OF MEMORANDUM OF UNDERSTANDING AND
REQUEST FOR WAIVER OF FEES FOR THE 1998 FIESTA DE LAS
GOLONDRINAS (FIESTA ASSOCIATION) (600.30/390.30
Written Communication:
Report dated February 3, 1998 from the Community Services Director recommending
approval of a Memorandum of Understanding with the San Juan Capistrano Fiesta
Association, recognizing the Fiesta Association as the lead agency in planning, coordinating
and conducting all official events associated with the 1998 Fiesta de las Golondrinas
celebration and adoption of a resolution approving the request for waiver of City permit fees
for the 1998 Fiesta de las Golondrinas celebration, the 1998 Adios to the Swallows Annual
Barbecue and the 1998 July 4th celebration.
Approval of Memorandum of Understandin /,g Adoption of Resolution:
Upon motion of Council Member Campbell, seconded by Council Member Hart, the
Memorandum of Understanding between the City of San Juan Capistrano and the San Juan
Capistrano Fiesta Association was approved and the following resolution was adopted:
RESOLUTION NO 98-2-3-1 APPROVING WAIVER OF CITY PERMIT
FEES - FIESTA ASSOCIATION - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
APPROVING A REQUEST FOR A WAIVER OF CITY PERMIT FEES TO
THE SAN JUAN CAPISTRANO FIESTA ASSOCIATION FOR THE
EVENTS ASSOCIATED WITH THE 1998 FIESTA DE LAS
GOLONDRINAS CELEBRATION, ADIOS TO THE SWALLOWS
BARBECUE AND JULY 4TH CELEBRATION
The motion carried by the following vote:
AYES: Council Members Swerdlin, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: Council Member Greiner
PUBLIC WORKS DIRECTOR
CONSIDERATION OF ADDITIONAL REMEDIAL GRADING - TERMINAL
RESERVOIR NO 2 REPAIR (KUNO CRAWLER AND BACKHOE SERVICEI
1050.70
Written Communication:
Report dated February 3, 1998 from the Public Works Director, advising that emergency _
repairs had been authorized to the T. J. Meadows Terminal Reservoir No. 2; as a result of
additional geotechnical investigation it was determined that fill material could not safely be
replaced. The geotechnical consultant recommended that fill be restored at a slope of 2:1.
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Grade changes made it necessary to modify the drainage structure around the reservoir. The
additional work had increased the cost by $120,000.
Amy Amirani, Public Works Director, made an oral presentation in which she advised that
the Terminal Reservoir No. 2, with a capacity of 10 million gallons was a vital component of
the City's water supply. Prior to the emergency repairs, the Reservoir had received very little
maintenance.
Amendment of Budget:
It was moved by Council Member Campbell, seconded by Council Member Hart, and carried
unanimously, that the 1997-98 Budget for Terminal Reservoir No. 2 Repair be amended in
the amount of $120,000 from the Replacement Fund.
[XIVIC141-140 Mc
a. San Juan Basin Authorityj1050.601
Mayor Jones reported that there had been no action at the meeting held this day, but
that a work session for current and potential members had been set for February 17,
1998.
b. Orange County Vector Control District (560.50)
Council Member Swerdlin advised that he is on the committee to select a new General
Manager and hoped to be able to report some progress at the next meeting.
COUNCIL COMMENTS
POLICE SERVICES (580.10)
Council Member Campbell, noting the differences in perception between individuals,
expressed her appreciation to the Police Department for the job they are doing for the
community. She stated that the 14% decrease in injury accidents and 39% decrease in Part
I crimes, the most serious crimes, over the past 2 years translated into many individual
citizens who did not get hurt or robbed because of the work of the police. She noted that the
use of radar enforcement was in no way a revenue generator.
F411031311i1;7`►iuiDQY
There being no further business before the Council, the meeting was adjourned at 8:30 p.m. to the
the next regular meeting date of Tuesday, February 17, 1998, at 5:30 p.m., in the City Council
Chambers.
ATTEST:
City Council Minutes
Respectfully submitted,
(Aelt-CA4��
CHERYL JOUNSON,CITY CLERK
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