95-0207_CC_Minutes_Regular Meeting043
FEBRUARY 7, 1995
' 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 7:03 p.m. in the City Council Chamber. The Pledge of Allegiance to the
Flag was led by Thomas Steiner of Cub Scout Troop Pack 741, Den 7 of Del Obispo Elementary
School, in recognition of the 85th Anniversary of the Boy Scouts of America. Invocation was given
by Council Member Campbell.
ROLL CALL: PRESENT: Carolyn Nash, Mayor
Collene Campbell, Council Member
Wyatt Hart, Council Member
Gil Jones, Council Member
David Swerdlin, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Director of Administrative Services; William M.
' Huber, Director of Engineering and Building Services; Thomas Tomlinson, Director of Planning
Services; Al King, Jr., Director of Community Services; Lt. Paul Sullivan, Chief of Police Services;
Nancy Bernardi, Recording Secretary.
Id Lei I Lele"Vu_mo 1 :
It was was moved by Council Member Jones, seconded by Council Member Swerdlin, and unanimously
carried that all Ordinances be read by title only.
Council Member Campbell introduced the following Commission representatives in
attendance: John Greiner and Roy Nunn (Planning Commission), Mary Rose Winkler
(Mobile Home Park Review Committee), Bill Sonka and Mike Rosenberger (Transportation
Commission), Pauline Leonard (Parks, Recreation, and Equestrian Commission), and Bill
Hardy (Los Rios Review Committee).
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Written Communication
Report dated February 7, 1995, from Julia Kimminau, Management Analyst II, forwarding
the list of employees who have served the City for 10, 15, 20, and 25 years.
Mayor Nash presented a Distinguished Service Award to Jack Galaviz, Maintenance
Superintendent, for 25 years of service; a Resolution of Commendation to Thomas
Tomlinson, Planning Services Director, for 20 years of service; and, service plaques to Ed
Green, Maintenance Superintendent, and John Reynolds, Construction Inspector, for 15 years
of service and Heidi Ivanoff, Senior Recreation Leader, for 10 years of service. Mae Shimizu,
Secretary, was unable to be present to receive her service plaque in recognition of 10 years
of service.
PRESENTATION OF MISS CAPISTRANO VALLEY CONTESTANTS (610.40)
Written Communication:
Report dated February 7, 1995, from Carole Jacklin, Council Services Administrator.
Mrs. Lori Guddy, Director of the 1995 Miss Capistrano Valley Pageant, advised the Pageant
was scheduled for Saturday, February 18, 1995, at 6:00 p.m. at the Capistrano Valley Baptist
Church. The 7 contestants introduced themselves.
Written Communication:
Report dated February 7, 1995, from the City Clerk, forwarding the Proclamation and noting
the schedule of activities during the Fiesta celebration.
Approval and Presentation of Proclamation:
Mayor Nash read the Proclamation in full. The Proclamation was presented to Jeff
Schroeder, President of the Fiesta Association, who expressed appreciation to the Council
and City staff for their support.
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Larry Buchheim, 31591 Paseo Don Jose, commended Cynthia Pendleton, Administrative
Services Director, on her good judgment in not investing City funds in the County investment
pool.
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Cheryl Larson, 26456 Paseo San Gabriel, member of the Capistrano Villas Parking Program
Appeals Board, noted that the first meeting had been held on February 6, 1995. She felt that
serious problems with the appeals process became evident at the meeting, including offers of
bribes, threats, and the same residents requesting appeals for different reasons. She felt that
changes needed to be made and noted that she had spoken with Jennifer Murray, Assistant
to the City Manager, about this matter.
CONSENT CALENDAR
It was moved by Council Member Campbell, seconded by Council Member Jones, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
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The Minutes of the Regular Meeting of January 3, 1995, were approved, with the following
modifications to the Introductions of Commissioners section on page 1: 1) "Mayor Nash"
was changed to "Council Member Campbell," and David Belardes (Cultural Heritage
Commission) was added to the list of City Commissioners introduced.
The List of Demands dated January 18, 1995, in the total amount of $1,147,708.64 was
received and filed.
The City Treasurer's Report of Cash Fund Balances for the month of December 1994 in the
total amount of $222,165.28 was received and filed.
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As set forth in the Report dated February 7, 1995, from the Director of Engineering and
Building, the plans and specifications were approved for the construction of a new 15 -inch
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diameter sewer be in Avenida de la Vista from Calle Santa Barbara to Oso Road. Staff was
authorized to call for bids. --
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As set forth in the Report dated February 7, 1995, from the Engineering and Building
Director, the following Resolution was adopted approving the proposed certification for Lot
11, Tract 50 (DiMaio) to the California Transportation Commission as part of the submittal
for a change of scope and funding on the Multi -Modal Parking project:
RESOLUTION NO. 95-2-7-1. CERTIFICATION OF HAZARDOUS
WASTE CLEARANCE- LOT 11. TRACT 50 (DiMMO) - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF SAN YUAN CAPISTRANO,
CALIFORNIA, CERTIFYING THAT ALL REASONABLE STEPS HAVE
BEEN TAKEN TO COMPLY WITH CALIFORNIA TRANSPORTATION
COMMISSION RESOLUTION G-91-2 (LOT 11, TRACT 50 - MULTI-
MODAL PARKING LOT/DiMAIO)
The Resolution certified that: 1) all reasonable steps have been completed to assure that full
due diligence in the discovery of hazardous waste has been achieved; 2) that the State is held
harmless from cleanup liability or damages, both present and future; and 3) that the City will
not seek further State funding for cleanup, damages, or liability costs associated with
hazardous wastes on or below the acquired property's surface.
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As set forth in the Report dated February 7, 1995, from the City Clerk, the proposed
amendments to Appendix A of the Local Conflict of Interest Code were approved reflecting
the implementation of the Ralph Andersen & Associates Compensation and Classification
Study recommendations and adding the position of Open Space Project Manager.
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(1) As set forth in the Report dated February 7, 1995, from the Planning Director, the
following Resolution was adopted approving a temporary "No Parking/Tow-Away"
zone on both sides of Los Rios Street in the Capistrano Villas, on both sides of El
Camino Real between Yorba Street and Ortega Highway and on Ortega Highway
between El Camino Real and Camino Capistrano, between 7:00 a.m., and 12:00 noon,
to facilitate the relocation of the Love House on February 14, 1995:
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RESOLUTION NO. 95-2-7-2. APPROVING TEMPORARY NO
PARKING - TOW -AWAY ZONE FOR RELOCATION OF LOVE HOUSE
TO LOS RIGS STREET - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
A TEMPORARY "NO PARKING/TOW-AWAY" ZONE TO FACILITATE
THE RELOCATION OF THE LOVE HOUSE TO 31661 LOS RIOS
STREET
(2) As set forth in the Supplemental Report dated February 7, 1995, from the City
Manager, the Letter Agreement between the City and Mr. John Taylor was approved
transferring the ownership of the Love House at no charge to Mr. Taylor and
permitting the relocation of the house by Mr. Taylor to 31661 Los Rios Street on
February 14, 1995. The Letter Agreement also waived any City fees for the planning
process and building permits for the restoration of the house and set aside $5,000 to
be paid to Mr. Taylor upon the issuance of a Certificate of Occupancy.
PUBLIC HEARINGS
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(FIESTA• • (150,60)
PropgsaL
Consideration of 1) a request for temporary street closures on Saturday, March 25, 1994, for
the Fiesta de las Golondrinas Parade and Mercado; 2) application for a parade permit; and 3)
request for waiver of license fees. The Engineer's estimate for providing the necessary traffic
control services was $2,000, with funds allocated in the 1994-95 Public Lands and Facilities
budget.
Written Communication:
Report dated February 7, 1995, from the Director of Engineering and Building, detailing the
parade route and temporary street closures. Staff recommended that the street closures for
both events, parade permit, and waiver of license fees be approved.
Mr. Huber made an oral presentation.
Public Hearins:
Notice having been given as required by law, Mayor Nash opened the public hearing, and
there being no response, closed the hearing.
N
It was moved by Council Member Campbell, seconded by Council Member Hart, and
unanimously carried that the following be approved:
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UZ%1
(1) Temporary closure of the following streets for the Fiesta de las Golondrinas Parade
and Mercado on Saturday, March 25, 1995:
Parade
From 6:00 a.m. to 4:00 p.m. for parade assembly and disassembly:
Camino Capistrano between La Zanja Street and Calle Chueca
Via Los Pajaros east of Camino Capistrano
Calle Bonita east of Camino Capistrano
Calle Lorenzo east of Camino Capistrano
El Camino Real between Forster Street and Ortega Highway
Forster Street between Camino Capistrano and El Camino Real
Yorba Street between Camino Capistrano and El Camino
Partial closure from 6:00 a.m. to 10:00 a.m.: fiill closure from 10:00 a.m. to 4:00 p.m.
La Zanja Street from Camino Capistrano to its easterly terminus
El Camino Real from La Zanja Street to Spring Street
Paseo Naranja between la Zanja Street and northerly end
Paseo Nogal between La Zanja Street and northerly end
Guadalupe Street between Don Juan Avenue and La Zanja Street
Ysidora Street between Andres Pico Road and northerly end
Andres Pico Road between Don Juan Avenue and Easterly end
Don Juan Avenue between El Camino Real and easterly end
Partial closure from 6:00 a.m. to 10:00 a.m.: fii l closure from 10:00 a.m. to 4:00 p.m.
El Camino Real between Spring Street and Ortega Highway
Spring Street between El Camino Real and easterly end
Acjachema Street between Camino Capistrano and easterly end
El Homo Street between El Camino Real and easterly end
La Matanza Street between El Homo Street and Acjachema Street
La Calera Street between El Homo Street and Acjachema Street
Full closure from 10:00 a.m. to 4:00 p.m.
Ortega Highway between I-5 and Camino Capistrano
Camino Capistrano between Avenida Golondrina and La Zanja Street
Del Obispo Street between Alipaz Street and Ortega Highway
Verdugo Street between Camino Capistrano and westerly end
La Zanja Street between Los Rios Street and Camino Capistrano
Mercado
Closure from 6:00 a.m. to 10:00 a.m. and 4:00 p.m. to 8:00 p.m.
Ortega Highway between El Camino Real and Camino Capistrano
Closure from 4:00 p.m. to 8:00 p.m.
El Camino Real between Forster Street and Ortega Highway
Forster Street between Camino Capistrano and El Camino Real
Yorba Street between Camino Capistrano and El Camino Real
(2) The issuance of a parade permit to the San Juan Capistrano Fiesta Association per
Municipal Code Section 5-11.05(b); and
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(3) Waiver of license fees required by Municipal Code Section 5-11.08.
ON "Weim I WO ffel RN Me 1510.0 RI 3V I MI MY I HE I
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Proposal:
Consideration of a request to modify the proposed housing product for G1enFed Area "C"
from a mix of stacked flats and townhomes to single-family detached units and to delete a
series of approved man-made lakes within the project site. The project is designated 1.4
(Medium Residential) on the General Plan Map and is located within the Planned
Development District, Composite Development Plan 81-2. The density of Area "C" was set
at 286 units through the negotiated settlement of a lawsuit between the Glendale Federal
Corporation and the City.
Applicant
Pacific Communities Builder
1036 South Serrano Avenue
Anaheim, CA 92808
Architect:
CTP Architecture
2240 University Drive
Newport Beach, CA 92660
Written Communications:
(1) Report dated February 7, 1995, from the Planning Director, summarizing the
proposed modifications to Area "C" and citing staffs issue with retaining public
access to the existing 800 -acre open space area east of the project site. A condition
was included in the draft Resolution requiring the applicant to provide a staging area
and trail connection to the existing trail near the Capistrano Valley Water District
reservoir.
(2) Note dated January 24, 1995, from John and Marie Carroll, 27629 Paseo Sonata, in
support of deleting the man-made lakes and converting the attached housing to single-
family detached, as proposed, but requesting that the green belt along Cerro Rebal be
retained.
Exhibits were on display, and C. J. Amstrup, Associate Planner/Project Manager, made an
oral presentation.
Applicant's Presentation:
The applicant, Nelson Chung, President of Pacific Communities Builder, concurred with the
staff recommendations.
Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and the
following person responded:
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(1) Richard Kenealy, 31961 Paseo Amante, expressed concern regarding traffic speeding
down La Novia Avenue, particularly since the road narrows to one lane as it
approaches San Juan Creek Road. He requested that consideration be given to
channeling two lanes into one at Via Madrina to ensure adequate site distances. He
also stated that on at least one occasion, a gas tanker truck has parked at the top of
the hill so that the driver could sleep.
Mr. Huber indicated he would investigate Mr. Kenealy's suggestion to narrow the lanes at Via
Madrina, including the possibility of a stop sign or a signal at the entrance. He advised that
staff would also determine whether the tanker truck incident was a recurring problem.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
Council Discussion:
Council Member Jones inquired about the increase in road width from 28 feet to 32 feet to
allow parking on one side of the street. Mr. Amstrup explained that the project would not
meet minimum parking requirements without parking allowed on one side of the street.
Council Member Jones noted that when the GlenFed project was originally approved,
concerns had been raised regarding the hazards created by cars parked on one side of the
street. He stated that cars had originally been prohibited from parking on the street to avoid
those types of hazards. Mr. Amstrup clarified that staff addressed the problems with site
distances and that only 100 extra parking stalls were proposed instead of the 140 shown on
the plans that were on display. Mr. Tomlinson added that the project's approved CC&R's
restricted residents from parking in visitor parking areas and would require them to use their
designated garages/driveways for parking.
Adoption of Resolution Approving Proposed Revisions to G1enFed Area "C":
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution be adopted:
RESOLUTION NO 95-2-7-3 APPROVING REZONE 94-3 -
MODIFICATIONS TO COMPOSITE DEVELOPMENT PLAN -
GLENDAL E FEDERAL PLANNED COMMUNITY AREA C
(ARCHITECTURAL CONTROL 88-21) (PACIFIC COMMUNITIES
BUTT DERI- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING REZONE
94-3, MODIFICATIONS TO THE COMPOSITE DEVELOPMENT PLAN
FOR GLENDALE FEDERAL PLANNED COMMUNITY AREA C
(ARCHITECTURAL CONTROL 88-21) (PACIFIC COMMUNITIES
BUILDER)
The motion carried by the following vote:
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2/7/95
051
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
' NOES: None
ABSENT: None
' • •' • • • • • : I
•0 1 •R N F I; I I R 1`: WMIZOIN 0 1 W••
ENTERPRISE5) (460,20/410,60)
Proposal:
Consideration of a proposal to 1) revise the existing Price Club Center located at 33961
Doheny Park Road by demolishing the two existing buildings closest to the south property
line and constructing two new buildings to accommodate new tenants (Staples and Petsmart);
2) demolish a portion of the building located along the north property line to create additional
parking on site; and 3) revise the existing text of the site's Comprehensive Development Plan
by deleting all references to Coastal Commission review and referencing the Municipal Code
for the review process and permitted uses. The project is designated SS (Special Study) on
the General Plan Map and is located within the Planned Development District, Comprehensive
Development Plan 87-1.
Applicant: Consultant:
Lois Miller Laurie Price
Price Enterprises Zucker Systems
4649 Morena Blvd. 1545 Hotel Circle South, Suite 300
San Diego, CA 92117-3650 San Diego, CA 92108-3415
Written Communication:
Report dated February 7, 1995, from the Planning Director, citing no staff issues with the
proposal and recommending approval of the proposed revisions to the Price Club Center.
Exhibits were on display, and C. J. Amstrup, Associate Planner/Project Manager, made an
oral presentation.
Council Member Campbell inquired why staff modified their original recommendation to stay
within the 2% rule for sign area for the Staples and Petsmart building -mounted signs.
Mr. Tomlinson explained that the Planning Commission had discussed this matter at their
meeting on January 10, 1995, and concluded that the signs, as proposed by the applicant,
were in scale and proportion to the buildings. After considering the Planning Commission's
discussion and recommendation to permit the exceptions to the 2% rule in these two cases,
the staff recommendation was modified to recommend approval of the signs as proposed by
the applicant. He noted that the proposed Petsmart sign constituted 3.3% of the building
area, and 2.2% for the Staples sign
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052
Council Member Swerdlin felt that the word "grooming" on the Petsmart sign constituted
more than just store identification, as required by the Sign Ordinance. Mr. Tomlinson advised _
that the Sign Ordinance does allow types of services to be included on signs but no specific
products.
Applicant's Presentation:
Laurie Price of Zucker Systems, representing the applicant, Price Enterprises, and the Price
Club Center, advised that the Center did not economically materialize as anticipated. She
stated that the proposed signs had been substantially reduced and made more proportional
from their original proposal and that only the lettering would exceed the City's 2% rule for
sign area. She noted that although the Petsmart building would be visible from all four sides,
only one of the sides had wall -mounted signage proposed. She stated that both the Planning
Commission and the Design Review Committee voted unanimously to approve the signs as
proposed based on their scale and proportion to the buildings. She emphasized the
importance of visible signage to tenants in the center. She noted that no monument signs
were permitted for the site and that the stores were set very far back from the street. She
noted there has been no public opposition to the project and urged the Council's support of
the staff recommendation.
Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Council Discussion:
Council Member Swerdlin indicated his support for the two new retailers in the center but
expressed concern with allowing exceptions to the Sign Ordinance's 2% rule for Petsmart and
Staples.
Council Member Jones agreed with the staff recommendation that the proposed signs were
in scale and proportion to the buildings. He noted that as a member of the original Sign
Committee, members had agreed that even with the 2% rule, certain wall -mounted signs
could appear too small for the size of some buildings. He felt it was acceptable to exceed the
2% sign area as long as the signs were in scale and proportion to the buildings. He suggested
that this matter be addressed by staff in the future. Council Member Hart concurred with
Council Member Jones' comments.
Council Member Campbell felt that the Price Club Center's location was unique because of
the lack of residential area surrounding it, its proximity to the freeway, and the long setbacks
from the roadway. She felt that approving the proposed exceptions to the 2% rule for sign
area would not set a precedent in the community and voiced her support for the staff
recommendation.
Mayor Nash indicated her support for the two new tenants and commended the design of the
buildings. However, she felt that the 2% rule for sign area should be adhered to and noted
that one of the proposed signs was 200% larger than any other building -mounted sign in the
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1016s,
City. She noted that Capistrano Ford has a wall -mounted sign that measures 78 square feet,
' which is far less than 2% of its wall area. She felt that the Petsmart sign should be reduced
and that exceptions to the Sign Ordinance's 2% rule should not be approved until impacts to
other businesses in the community have been considered. She also felt that the word
"grooming" on the Petsmart sign was inappropriate as it constituted more than just store
identification.
Introduction of Ordinance Approving Revisions to Text of Specific Development Plan 87-1:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Campbell,
seconded by Council Member Hart, that the following Ordinance be introduced:
APPROVING REZONE 94-2 (PRICE ENTERPRISES) - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING REZONE 94-2, AN AMENDMENT OF THE TEXT OF
SPECIFIC DEVELOPMENT PLAN 87-1 FOR THE PRICE CLUB
CENTER (PRICE ENTERPRISES)
The motion carried by the following roll call vote:
AYES: Council Members Campbell, Hart, Jones, and Swerdlin
' NOES: Mayor Nash
ABSENT: None
Adoption of Resolution Approving Modifications to Architectural Control 87-1:
It was moved by Council Member Campbell, seconded by Council Member Hart, that the
following Resolution be adopted:
IRS 90 9,161111 1201F.T.M1 rowaTIMPITSMEM1,115 FIRM 14,11,1414 1 m3wou'l 1661
ENTERPRISES) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A
MITIGATED NEGATIVE DECLARATION AND APPROVING
MODIFICATIONS TO ARCHITECTURAL CONTROL 87-1 FOR THE
PRICE CLUB CENTER (PRICE ENTERPRISES)
The motion carried by the following roll call vote:
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054
AYES: Council Members Campbell, Hart, Jones, and Swerdlin
NOES: Mayor Nash
ABSENT: None
4. ESTABLISHMENT OF NUMERICAL LLMITS FOR CALENDAR YEARS 1996-
98 AND CONSIDERATION OF THE RESIDENTIAL ALLOCATION
SCHEDULE FOR CALENDAR YEARS 1995-98 (RESIDENTIAL GROWTH
MANA EMENT PROGRAM) (440.50)
Proposal:
Consideration of (1) the establishment of numerical limits on the number of residential
building permits to be issued for calendar years 1996-1998 under the City's Growth
Management Program; and, (2) the proposed allocation of those permits to eligible projects
for calendar years 1995-98.
Written Communication:
Report dated February 7, 1995, from the Planning Director, recommending that the numerical
limit be set at 400 units per year, which would accommodate currently approved projects and
pending projects.
Mr. Tomlinson made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and the
following persons responded:
(1) Pauline Leonard, 27589 Brookside Lane, speaking on behalf of San Juan Housing
Advocates and the Mary Erickson Foundation, noted their intent to be involved in a
low-income housing project and expressed concern that the numerical limits
recommended by staff would not allow for any exemptions for low-cost housing,
particularly in calendar years 1996-97. She requested that the City's Residential
Growth Management Program include provisions for low-income housing.
Mr. Tomlinson advised that under the City's current Growth Management Program, the City
Council cannot establish a numerical limit which exceeds the 400 limit per year and confirmed
the permits that have already been allocated for projects over the next two years. He stated
that the issue of low-income housing in the City, particularly affordability, would be
addressed in the Housing Opportunities Program that will be presented to the Council in the
near future.
(2) Brian Johnson, 28382 Chat Drive, Laguna Niguel 92677, indicated he represented
Toll Bros., which recently purchased 63 units in G1enFed Area H. He spoke in
support of the staff recommendation.
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055
There being no further response, the hearing was declared closed.
Adoption of Resolution Approving Numerical Limits for Calendar Years 1996-98:
It was moved by Council Member Hart, seconded by Council Member Jones, that the
following Resolution be adopted:
RESOLUTION NO. 95-2-7-5. ESTABLISHING NUMERICAL LIMITS
FOR CALENDAR YEARS 1996 THROUGH 1998- A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING NUMERICAL LIMITS FOR
CALENDAR YEARS 1996 THROUGH 1998 CONSISTENT WITH TITLE
9, CHAPTER 7, RESIDENTIAL GROWTH MANAGEMENT
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
Adoption of Resolution Approving Residential Allocation Schedule for Calendar
Years 1995-98:
It was moved by Council Member Hart, seconded by Council Member Jones, that the
' following Resolution be adopted:
RESOLUTION_ _ NO. 95-2-7-6. APPROVING RESIDENTIAL
ALLOCATION SCHEDULE FOR CALENDAR YEARS 1995 THROUGH
1998 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE
RESIDENTIAL ALLOCATION SCHEDULE FOR CALENDAR YEARS
1995 THROUGH 1998 PURSUANT TO TITLE 9, CHAPTER 7,
RESIDENTIAL GROWTH MANAGEMENT
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
Council recessed at 8:30 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency, and reconvened as the City Council at 8:40 p.m.
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056
ADMINISTRATIVE ITEMS
CITY MANAGER
1. CONSIDERATION OF COUNCIL POLICY - EXEMPTIONS TO MUNICIPAL
CODE SECTION 5-3.02. PROHIBITING DRINKING OF ALCOHOLIC
BEVERAGES IN PUBLIC (610.30)
Written Communication:
Report dated February 7, 1995, from the City Manager, forwarding revisions to the draft City
Council Policy No. 119 to incorporate recommendations from some community organizations
relating to the dispensing of alcoholic beverages in larger containers and specifying when sale
of alcoholic beverages would end prior to closure of an event.
Jennifer Murray, Assistant to the City Manager, made an oral presentation. She noted an
additional modification to the proposed policy to require applications for the sale or
consumption of alcoholic beverages in public to be made 30 days prior to an event instead of
45 days.
Adoption of Revised City Council Policy No 119:
It was moved by Council Member Swerdlin, seconded by Council Member Hart, and
unanimously carried that revised City Council Police No. 119, Exemptions to San Juan
Capistrano Municipal Code Section 5-3.02 Prohibiting Drinking of Alcoholic Beverages in
Public, be adopted, with the modification requiring applications for the sale or consumption
of alcoholic beverages in public to be made 30 days prior to an event.
' • 1 • • : I• • • ._• • �\'7'�I�[f�iyr�iZ•L•�•�•Z.r�Ml
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Written Communication:
Report dated February 7, 1995, from Douglas Dumhart, Management Analyst II, advising
that on November 15, 1994, Council had approved development of temporary parking on
the Love House lot, subject to design review by the Planning Commission. The report
advised that the Planning Commission had approved an alternative which provided 56 spaces
and staff was now requesting authorization to proceed with construction of the temporary
parking lot. The parking lot improvements were estimated to cost $15,000, which would be
funded from Parking Fund #31.
Council Member Swerdlin recommended that plans for the temporary parking lot be revised
to include two or three large spaces to accommodate large trucks and horse trailers. Mayor
Nash felt that the lot should accommodate as many spaces for commuter parking as possible
to relieve their impact in the downtown area. She suggested that spaces for large vehicles be
addressed when permanent parking is considered for the downtown; Council Member Hart
concurred. Council Member Swerdlin felt that too much emphasis has been placed on
City Council Minutes -14- 2/7/95
057
commuter parking in the downtown area. Mr. Scarborough clarified that the proposed
' parking lot was intended for downtown area use and not for commuters.
Authorization to Construct Tem oD rary Parking Lot at 31785 El Camino Real:
It was moved by Council Member Campbell, seconded by Council Member Jones, and
unanimously carried that the construction of a temporary parking lot be authorized at the old
Love House property located at 31785 El Camino Real.
Written Communication:
Report dated February 7, 1995, from the City Manager, recommending that the proposed
Downtown Employee Parking Permit Program be approved with an annual fee of $5.00 for
each permit issued. The program would allow employees of the downtown businesses to
utilize long-term parking in time -restricted spaces.
Cassandra Walker, Community Development Administrator, made an oral presentation.
Council Member Campbell felt it was important that the program be self-monitoring. She
expressed concern that employees in the downtown area would park in spaces intended for
downtown area patrons, forcing them to walk long distances. Ms. Walker advised that
merchants intended to allocate certain spaces for employee parking. She noted that the
' response to the proposed program from merchants had been positive with no opposition.
Council Member Campbell stated she would support the proposed parking permit program
for a limited time only of three to four months' duration. Council Member Hart concurred
and suggested that the program be monitored to ensure proper use.
Council Member Jones noted that employees working in the downtown area want to park
closer to their businesses to avoid walking long distances to their cars at night. Council
Member Hart suggested that improved lighting be considered in the downtown area in
conjunction with permanent parking to address safety concerns.
Adoption of Resolution Establishing the Downtown Employee Parking Permit Program:
It was moved by Council Member Jones, seconded by Council Member Hart, that the
following Resolution be adopted, with the program to be reviewed after 90 days:
0Y•Ili1l1(•)►�i�7�bd��•Y11►:\ Tiff.`I� 11►[e! li �!► • �/ W.11 R A ILI WINU 03311 In W ZT00 LROV U."12 I OWN no RICH V I l kvj IV
ISSUANCE FEE - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A
"DOWNTOWN EMPLOYEE PARKING PERMIT PROGRAM" WITHIN
THE DOWNTOWN AREA AND SETTING THE FEE FOR THE
ISSUANCE OF EMPLOYEE PARKING PERMITS
I
The motion carried by the following vote:
City Council Minutes -15- 2/7/95
058
AYES Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
ADMINISTRATIVE SERVICES DIRECTOR
1. ORDINANCE AMENDING TITLE 7. CHAPTER 2. CABLE TELEVISION
SYSTEMS - GRANTING AND REGULATION OF FRANCHISES FOR CABLE
COMMUNICATION SYSTEMS (1000.30)
(CONTINUED FROM DECEMBER 6. 1994)
Written Communication:
Report dated February 7, 1995, from the Administrative Services Director, recommending
that the draft Ordinance be adopted implementing stringent standards and providing a
comprehensive set of customer service standards which would apply to any cable operator
serving the City. Included in the draft Ordinance was a section requiring cable operators to
delay the transmission of the "Spice" channel until 11:00 p.m. and to readvertise the
opportunity of each subscriber to have the signal permanently trapped at the residence at no
cost to the subscriber. The draft Ordinance would also require payment of a franchise fee
from the cable operator to the City at the rate of 5% of gross revenues. This item was
continued from the meeting of December 6, 1994, at the request of Dimension Cable so that —
a technical study regarding the scrambling of certain channels could be completed.
Council Member Campbell expressed strong concern regarding the "accidental" transmission
of an X-rated channel into a resident's home one weekend, which was inadvertently viewed
by children in the house. She noted that Dimension Cable responded and placed a "trap" at
the residence to prevent another accidental transmission.
Mary Laub, Management Assistant, indicated that she had investigated the incident with
Dimension Cable and that Dimension could not ascertain which program had been broadcast.
Council Member Campbell emphasized that these types of accidents should be prevented in
the future.
Introduction of Ordinance Amending Title 7. Chapter 2. Cable Television Systems:
The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Jones, seconded
by Council Member Hart, that the following Ordinance be introduced:
City Council Minutes -16- 2n195
059
GRANTING AND REGULATING FRANCHISES FOR CABLE
' COMMUNICATIONS SYSTEMS - AN ORDINANCE OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING CHAPTER 2,
CABLE TELEVISION SYSTEMS OF TITLE 7, PUBLIC WORKS, OF
THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO PROVIDE FOR
THE GRANTING AND REGULATION OF FRANCHISES FOR CABLE
COMMUNICATIONS SYSTEMS
The motion carried by the following vote:
AYES: Council Members Campbell, Hart, Jones, Swerdlin, and Mayor Nash
NOES: None
ABSENT: None
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Written Communications:
(1) Report dated February 7, 1995, from the Engineering and Building Director,
recommending that the Council accept for consideration the Facility Use Agreement
with the City of Dana Point and refer the Agreement to the San Juan Capistrano
Parks, Recreation, and Equestrian Commission for comment. This item was
continued from the meeting of January 3, 1995, to consider the potential impact from
the County's financial crisis in this matter. The Report noted that funding donated
from the City of Dana Point would not be impacted by the County's financial
situation.
(2) Letter dated January 31, 1995, from Mr. and Mrs. Harry C. Schrey, 25881 Avenida
Cabrillo, in support of accepting the donation from Dana Point but expressing
concerns regarding the potential for "deep -pocket" liability for the City. They
suggested that AYSO may have an insurance policy which would cover San Juan
Capistrano as an added insured party.
Sharon Heider, Open Space Project Manager, made an oral presentation. She noted that City
staff recommended modifications to the proposed Facility Use Agreement, which the City of
Dana Point agreed to, deleting references to "recreational facilities" and replacing them with
"soccer fields at the Sports Park" to ensure exclusion of the baseball fields. She noted that
the $110,000 offered by the City of Dana Point would fund the construction of three soccer
' fields. She clarified that under the proposed agreement, the City of Dana Point, not AYSO,
would be permitted to use the soccer fields free of charge up to four days per year.
City Council Minutes -17- 2/7/95
060
Council Member Swerdlin inquired how the cost for maintenance of the fields would be —
budgeted in the fee structure. Ms. Heider explained that maintenance costs would not be
determined until the fields were constructed and bids received. She anticipated that
maintenance costs for fields at the new Sports Park would be higher than older fields because
of the anticipated increase in usage.
Public Comments:
(1) Al Simmons, 32302 Alipaz Street, Space 135, expressed concerns regarding
maintenance costs for the fields and the amount of money donated by the City of
Dana Point.
(2) Roy Nunn, 31011 Paseo Valencia, Assistant Commissioner and Fields Director for
AYSO, Region 87, urged acceptance of the financial donation by Dana Point, noting
the efforts by AYSO in this matter. He stated that AYSO paid over $30,000 in 1994
for the maintenance of fields in the South County area. He requested that
consideration be given toward using Dana Point's donation for the lighting of one
softball field and one major soccer field. He stated that AYSO could assist the City
financially by raising money for fighting. He noted that the current overuse of existing
fields would be alleviated by taking certain fields off line for restoration and rotating
their use. He stated that lighting the new fields would allow the fields at Marco
Forster to be taken off line for restoration. He noted the City's excellent maintenance
of the fields at Cook Park.
Council Member Hart commended the efforts of the AYSO program. He requested assurance
that the City of Dana Point would contribute financially toward the maintenance and lighting
of the fields. He felt that the $110,000 donated by Dana Point was not sufficient for the
amount of use that would be generated by that city. He expressed concerns about scheduling
of the fields, maintenance, lighting, and the use of San Juan Capistrano taxpayers' money for
the Sports Park.
Council Member Swerdlin concurred. He felt that the proposed ten-year agreement would
make the new fields more regional in nature instead of local. He felt that the $300,000
estimated by staff to construct and maintain the new fields was insufficient. He expressed
concern about Dana Point's apparent unwillingness to construct playing fields and parks for
their youth. He recommended that instead of accepting the Facility Use Agreement, as
recommended by staff, the Council appoint two Council Members to meet with the Dana
Point City Council to discuss this matter further.
Council Member Campbell inquired whether youth from Dana Point were currently utilizing
fields in San Juan Capistrano. Mr. Nunn replied that Region 87, which is comprised of equal
numbers of Dana Point and San Juan Capistrano youth, currently uses the City's fields. He
noted that the proposed agreement would not alter the current usage. Council Member
Campbell felt that the City should not "look a gift horse in the mouth," particularly since the
City's fields are currently being used by youth from outside the City. She expressed concern
City Council Minutes
l8 -
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061
that Dana Point would withdraw the donation if the City requested further discussion in this
' matter. She noted that Dana Point was not obligated to do anything for this project.
Mayor Nash concurred with the comments made by Council Members Hart and Swerdlin.
She felt that no harm would be done in talking with the Dana Point City Council in this
matter. She expressed concern that Dana Point has always had strong opposition to the
construction of ball fields in their city, which ultimately places the burden on other cities,
including San Juan Capistrano. She noted that the proposed agreement assumes that all of
the teams from Dana Point would play in San Juan Capistrano, which could preclude San
Juan Capistrano teams from playing at times. She felt that it was not the intent of the
taxpayers who supported the Open Space Bond Measure that the Sports Park be a regional
park. She felt that fees paid by Dana Point teams would be insufficient to cover the costs of
maintaining the new fields and that Dana Point should pay their fair share in this matter.
Council Member Jones stated that the proposed agreement would not alter the current
arrangement for team play on the City's fields and that the City should accept Dana Point's
donation. He noted that at least one Dana Point Council Member had had great reservations
about donating the money because it was felt that Dana Point would not receive enough
benefit for the money. Council Member Campbell requested that any discussions with the
Dana Point City Council not include any demands.
Aonointment of Council Ad Hoc Committee to Meet with Dana Point Citv Council:
It was moved by Council Member Swerdlin, seconded by Council Member Hart to appoint
two Council Members to meet with the Dana Point City Council to further discuss this issue.
The motion carried unanimously. It was the consensus of Council that Council Members
Jones and Swerdlin be appointed to the ad hoc committee. There was a general
understanding that the ad hoc committee would not make demands, but would work with the
Dana Point ad hoc committee on the issues.
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• I 1 1 1 • 1_ • • u11130F113 W''
Written Communication:
Report dated February 7, 1995, from Carole Jacklin, Council Services Administrator, noting
that the vacancy had been advertised and applicants interviewed by Council Members Hart
and Swerdlin. This item was continued from the meeting of January 3, 1995, so that the
candidates could be interviewed.
Continuation of Item:
It was moved by Council Member Hart, seconded by Council Member Jones, and
unanimously carried that this item be continued to the meeting of February 21, 1995, at the
' request of the Council Ad Hoc Committee.
City Council Minutes -19- 2/7/95
062
U APPOINTMENT OF 16MOSTOM&WWWO THE PLANNING CONEVIISSION
(110,20) • (\l • FROM
Written Communication:
Report dated February 7, 1995, from Carole Jacklin, Council Services Administrator, noting
that the vacancies had been advertised and applicants interviewed by Council Members Hart
and Swerdlin. This item was continued from the meeting of January 3, 1995, so that the
candidates could be interviewed.
Continuation of Item:
It was moved by Council Member Hart, seconded by Council Member Jones, and
unanimously carried that this item be continued to the meeting of February 21, 1995, at the
request of the Council Ad Hoc Committee.
BUSINESS TASK FORCE (610.60)
Written Communication:
Report dated February 7, 1995, from Cassandra Walker, Community Development
Administrator, reporting that responses from members of the Business Task Force would be
forwarded to the City Council prior to the February 7 meeting in regard to the requirement
that the Task Force hold their meetings in public in compliance with the Brown Act.
Mr. Scarborough noted that the Chairman of the Business Task Force had sent letters to the
members asking for their response to the change in meeting format. He advised that most
members had responded with resignations, indicating their belief that the Task Force would
not be as effective if conducted in a public forum, as required by new provisions of the Brown
Act. He advised that Council had three options: (1) accept the resignations, dissolve the
Business Task Force and express support for former Business Task Force Members to form
a private business association and not participate anymore with the City's Task Force; (2)
accept the resignations, go through the process of selecting and appointing new members and
continue the Task Force as an on-going committee; (3) delay acceptance of the resignations,
ask members to reconsider and hold at least one more public meeting of the Task Force to
provide formal recommendations to the City Council.
Joe Campbell, Chairman of the Business Task Force, restated his opposition to holding the
meetings of the Business Task Force in a public forum and his preference for forming an
independent, private group. He felt that the group now had sufficient background to continue
without the City's involvement.
Mayor Nash felt that the Task Force had done an outstanding job by addressing many of the
issues within the business community and that the group could function as a private entity
without the City's involvement. She recommended that the City abandon the Task Force and
accept the resignations to allow the group to continue as a private entity so that the existing
process would not be hindered.
City Council Minutes -20- 2n195
063
Charles Benninghoff indicated his support of the City abolishing its relationship with the
' Business Task Force. He felt that local politics should not be involved with the businesses
and suggested that the Task Force be replaced with a citizens committee to reduce the size
and role of the City's involvement in local business.
Council Member Swerdlin preferred that the Business Task Force continue in a public forum
with the current members to ensure that the City continues to receive input from the business
community.
Council Member Hart noted discussions he has had with members of the business community
and felt that the Task Force should be dissolved. He expressed concerns with staffs presence
at Task Force meetings because of the potential pressure it could place on its members. He
preferred that the group form a private entity, with no City staff attendance at meetings,
unless requested. He stated their recommendations could then be forwarded directly to the
City Council for consideration. Council Member Swerdlin asked whether having staff
members present would violate the intent of the Brown Act. Mr. Denhalter advised that staff
members could be present by invitation at a meeting held by a private entity as long as they
only provided information and communication and did not provide services and support to
the organization as if it were a City committee.
Acceptance ofBusiness Task Force Members' Resignations and Dissolution of Org nim:
It was moved by Mayor Nash, seconded by Council Member Jones, that the City Council
accept the resignations of the Business Task Force, with regret, and the City -appointed group
dissolved to allow the group to continue as a private entity, if so desired. The motion was
carried by a roll call vote, with Council Member Swerdlin voting in opposition.
Mayor Nash expressed appreciation to all members of the Business Task Force for their
participation.
•4 -n tt tt t tttl tt sntt
Council Member Campbell stated that although the Transportation Corridor Agencies
had funds in the County pool which may be impacted by the County's financial crisis,
construction of the Corridors has been continuing. She added that the Transportation
Corridor Agencies have stated they have sufficient funds to complete construction of
the San Joaquin Hills Transportation Corridor on schedule.
Council Member Campbell stated that she would attend the League meeting on
Thursday, February 9, at which an appointment would be made to the California
' Coastal Commission. She noted the letter dated January 30, 1995, from Mark J.
Goodman, Mayor of Laguna Niguel, endorsing the nomination of Patricia Bates,
City Council Minutes -21- 2n195
064
Laguna Niguel Council Member, for the position. It was a consensus of the Council
that Council Member Campbell support Ms. Bates for nomination to the California
Coastal Commission at the February 9 League meeting.
C. Southeast Re$ional Reclamation Authority (SERRA) 0040.60)
Council Member Jones noted his attendance at the last two SERRA meetings. Per
his request, SERRA will provide summaries and minutes of meetings to all Council
Members.
X11INK-OLIMkIld
Council Member Campbell noted the letter received in Council slots dated February 1, 1995,
from Michael M. Ruane, Director of the County Environmental Management Agency, to the
City Manager reporting on the progress of the County's efforts to minimize or eliminate the
odors emanating from the greenwaste plant on La Pata. She emphasized the importance of
the City responding to the letter to ensure the elimination of odors from the facility. She
requested that City staff continue to follow up and report on the status of this situation.
2. TRASH IMPORTATION (810.101
Council Member Campbell noted the letter dated February 1, 1995, from County Supervisor
Marian Bergeson to Mayor Nash regarding a proposal presented to the County to import
trash from Los Angeles and San Diego Counties into San Juan Capistrano to increase
revenues for the County. Council Member Campbell urged that City staff keep apprised of
this matter. Council Member Jones noted that the response to the proposal from San Diego
County trash haulers has not been very favorable.
prOusam ►D' • 9 a ..• •�
Council Member Jones noted the letter received from County Supervisor Vasquez regarding
recommendations the County intends to forward to the State to request relief from State -
mandated programs. Council Member Jones suggested that the Council adopt and forward
a Resolution of support to the County in this matter. Mr. Scarborough stated that staff would
provide an analysis of the County's recommendations. He noted that one State -mandated
program which controls County landfills would require careful study.
•' ', • •1KNOWN MINEI WNFORRYGMW
Council Member Swerdlin noted his attendance at the County Vector Control meeting in
January. He advised that the agency has incurred financial problems due to the County's
bankruptcy, which has impacted mosquito patrols in the Bolsa Chica area. He noted that
mosquito habitats have a 120 -mile radius and urged residents to contact Vector Control if a
City Council Minutes -22- 2/7/95
mosquito problem arises, particularly in an area off Camino Las Ramblas. He noted that the
next meeting was scheduled for February 17, 1995.
Council Member Swerdlin noted his and the City Manager's attendance at the Joint Powers
Fire Authority meeting in Irvine recently. Mr. Scarborough advised that no formation took
place, as originally scheduled, since the new member Cities of Laguna Niguel and Yorba
Linda had not yet adopted a Resolution to participate. Therefore, the meeting was continued
to March 1, 1995, at which the formation and appointments to various positions will be made.
6. SHERIFF RIDE-ALONGS (580.10)
Council Member Swerdlin noted his recent ride-alongs with a Sheriffs helicopter and the SET
team and commended both on their professionalism.
CLOSED SESSION
Council recessed to a Closed Session at 10:26 p.m. for:
License/Permit Determination per Government Code Section 54956.7, with one applicant;
2. Conference with Real Property Negotiator per Government Code Section 54956.8 for
property located at Mission Trails Stables, with Valenzuela as negotiating party, to consider
price and terms of payment;
Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(b), for significant exposure to litigation in four cases, and Government Code Section
54956.9(c), the initiation of litigation in two cases; and
4. Liability Claims per Government Code Section 54956.95, M&M Jewelers, et at; San Juan
Partners claimants, against City of San Juan Capistrano.
The City Clerk was excused therefrom, and the meeting reconvened at 11:34 p.m.
ACTIONS FOLLOWING OED SESSION
Mr. Denhalter advised that direction had been given to Agency Counsel/City Attorney as follows:
There was no action to report on this item.
2. There was no action to report on this item.
There was no action to report on this item.
City Council Minutes
-23-
2n195
065
066
4. The Council authorized a demand letter to be sent to San Juan Partners seeking indemnity for
claims that have been filed against the Agency and the City. The action was approved by a
4-0-1 vote, with one abstention.
• I t u1�1►Y1�
There being no further business before the Council, the meeting was adjourned at 11:35 p.m. to the
next regular meeting date of Tuesday, February 21, 1995, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
CHERYLI IF " a nW I W-M—A n, 41
• 11.CITY CLERK
_
ATTEST:
— 4Z, 1,4�
CAROLYN N H, MAYOR
City Council Minutes -24-
2/7/95