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91-0402_CC_Minutes_Regular MeetingAPRIL 2, 1991 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 Friess at 7:07 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Mayor Friess. ROLL CALL: PRESENT: Kenneth E. Friess, Mayor Lawrence F. Buchheim, Councilman Gary L. Hausdorfer, Councilman Gil Jones, Councilman Jeff Vasquez, Councilman ABSENT: None STAFF PRESENT: Stephen B. Julian, City Manager; Thomas Clark, Acting City Attorney; Cheryl Johnson, City Clerk; George Scarborough, Assistant City Manager; David Bentz, Director of Administrative Services; William M. Huber, Director of Engineering and Building Services; Ronald C. Sievers, Director of Public Lands and Facilities; Thomas Tomlinson, Acting Director of Planning Services; Al King, Director of Community Services; Nancy Bernardi, Recording Secretary. MINUTES Adjourned Regular Meeting of March 12 1991: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the Minutes of the Adjourned Regular Meeting of March 12, 1991, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None Regular Meeting of March 19 1991: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the Minutes of the Regular Meeting of March 19, 1991, be approved as submitted. The motion carried by the following vote: -1- 4/2/91 AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None Adiourned Regular Meeting of March 21 1991: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the Minutes of the Adjourned Regular Meeting of March 21, 1991, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Jones, Vasquez, and Mayor Friess NOES: None ABSTAIN: Councilmen Buchheim and Hausdorfer ABSENT: None MOTION TO READ BY TITLE ONLY It was moved by Councilman Buchheim, seconded by Councilman Jones, and unanimously carried that all Ordinances be read by title only. PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION DESIGNATING APRIL 20 AND 21, 1991, AS STATEWIDE TRAIL DAYS (610.40) Written Communication: Report dated April 2, 1991, from the City Clerk, forwarding the Proclamation. Approval and Presentation of Proclamation: After reading the Proclamation in full declaring April 20 and April 21, 1991, as Statewide Trail Days, the Mayor presented the Proclamation to Ilse Byrnes, Chairman of the Equestrian and Recreation Trails Commission. 2. PROCLAMATION RECOGNIZING SOUTH COUNTY COMMUNITY CLINIC (610.40) -. Written Communication: Report dated April 2, 1991, from the City Clerk, forwarding the Proclamation. -2- 4/2/91 115 Approval and Presentation of Proclamation: After reading the Proclamation in full, the Mayor presented the Proclamation to Brian McInerney, member of the Board of Directors for the clinic. The Mayor commended the clinic for their contribution to the community. 3. PRESENTATION OF ENVIRONMENTAL LAW FIRM RELATIVE TO SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR EIR LEGAL ISSUES (SHUTE. MIHALY AND WEINBERGER) (800.50) Councilman Buchheim left the Council Chamber due to a conflict of interest in this matter. Councilman Hausdorfer noted that he had received a written ruling from the FPPC allowing him to participate in discussions and decisions in this matter without conflict of interest. The Council was scheduled to receive a presentation from the law firm of Shute, Mihaly and Weinberger regarding the City's potential success in pursuing a legal option to have the Corridor's EIR de -certified. However, the firm declined to participate due to a conflict of interest. Written Communications: (1) Memorandum dated April 2, 1991, from the Acting Planning Director, forwarding a summary of the adopted Mitigation Monitoring Program (MMP) for the Corridor. Specific measures were included in the MMP which staff felt would substantially reduce adverse impacts to the City regarding traffic/circulation, noise, and visual resources. (2) Letter dated March 28, 1991, from the Deputy Director of Design and Construction for the Transportation Corridor Agencies, forwarding the Agency's MMP and the findings for a Statement of overriding Considerations. Bruce Tepper, a partner in the law firm of Kane, Ballmer & Berkman (who presented a proposal to the City Council at the Adjourned Regular Meeting of March 21, 1991, regarding the City's potential success in pursuing a legal option to have the Corridor's EIR de -certified), stated that his firm was ready to file a complaint on the City's behalf within the remaining 11 -day period. He felt that the City's chances would be good for filing a lawsuit on the basis of deficiencies in the EIR and noted that the Environmental Protection Agency also believes the EIR to be deficient. Mr. Tepper felt that certain studies had not been performed in the EIR that addressed traffic impacts to the City. He felt that in the short term the lawsuit could prevent the Corridor from being constructed in its present form but would not halt its construction indefinitely. Mr. Tepper -3- 4/2/91 emphasized that should the City win the lawsuit, it could not force a judge to mandate the construction of Alternate #2 of the Corridor but only show that Alternate #2 was more feasible and viable. Mayor Friess stated that at his request staff had formulated a mitigation program for inclusion in the Final EIR that would substantially reduce Alternate #11s adverse impacts to the City. Mr. Huber explained that the mitigation program included a program for monitoring all of the intersections in the Study Area, Agency participation in funding for public improvements should intersections exceed traffic limits, 100% Agency funding to mitigate aesthetic impacts to Rancho Viejo Road, and a provision to allow the City to work with homeowner associations to help mitigate specific impacts to those areas. The Agency would also allow the City flexibility regarding the appearance of sound walls. Mr. Huber felt that most of the concerns expressed by the City with regard to Alternate #1 were satisfactorily mitigated by the Agency during the recent discussions with staff. In response to concerns expressed by Councilman Vasquez regarding the City's costs for these mitigation measures, Mr. Huber explained that the EIR's estimates represent the engineering costs for the total construction of the Corridor and do not address the City's portion of costs for the mitigation measures. The Agency would submit an annual report to the City which would identify the City's portion of the costs for public improvements. Councilman Vasquez felt that the costs for mitigation measures should be included in the EIR. Mayor Friess noted that actual costs would not be determined until the final project goes to bid. Although this item was not a public hearing, the Mayor opened the discussion to public input, and the following comments were received: (1) Bob King, 29422 Spotted Bull Way, felt that Councilman Hausdorfer should not participate in discussions of this matter because of previous abstentions. Mr. King spoke in favor of the City filing a lawsuit to protect the City from the adverse impacts of the Corridor. (2) Phillip Weisberg, 31196 Via San Vicente, spoke in favor of the City expending funds to pursue the lawsuit. (3) Patricia Spence, 29267 Country Hills Road, invited the City Council to view her surrounding neighborhood in person to understand its uniqueness to the City. She -4- 4/2/91 voiced concern about loss of property values due to the construction of the Corridor and asked that the City Council consider filing the lawsuit. Mayor Friess noted that the City has been involved in the planning process for the Corridor for 15 years and advised that the City reached an informal agreement with the Agency over the past four years regarding the preference for Alternate #2. However, because of strong political influen- ces from the newly formed cities of Mission Viejo and Laguna Niguel, Alternate #1 became the route of choice by the Agency. Thus, the Agency Board voted 10-1 in favor of Alternate #1. Because of overwhelming support for Alternate #1, the Mayor felt that the most effective way to reduce the adverse impacts to the City would be for City staff to develop mitigation measures that could be included in the Final EIR. In addition, he noted that other cities have stated their willingness to work with the City to reduce the impacts on San Juan Capistrano. Mayor Friess stated that he did not support a lawsuit at this time because he felt the construction of the Corridor cannot be stopped, only delayed, and that the City would not gain any mitigations through a lawsuit. Councilman Jones noted that a mailer was distributed with his phone number on it urging residents to call him to support the lawsuit; he received only one call. He stated that he would not support the filing a lawsuit because of the City's insufficient resources. Councilman Hausdorfer concurred with Councilman Jones' statement. He felt that the mitigation measures could be made favorable to the City and that the City should pursue solutions to its concerns through negotiation with the Agency instead of filing a lawsuit. Councilman Vasquez read a comment from the Environmental Protection Agency stating that the Corridor's EIR is one of the worst documents the EPA has seen in that it did not address the cumulative impacts of all three proposed corri- dors upon air quality. He felt that in addition to the Corridor having a large impact upon the City, it would be a transportation and environmental failure and would not solve the South County's circulation problems. He felt that the City should file the lawsuit immediately as an obligation to protect the property rights of residents and quality of life. He believed that the construction of the Corridor might be stopped and that the City could gain mitigation funds through the lawsuit. -5- 4/2/91 Decision to Not Enter into Lawsuit: It was moved by Councilman Jones and sec ided by Councilman Hausdorfer that the City not instigate a ; wsuit at this time with regard to the Corridor. The r ,tion passed with Councilman Vasquez voting in oppositiin and Councilman Buchheim absent. CONSENT CALENDAR It was moved by Councilman Hausdorfer, se_onded by Councilman Buchheim, that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None 41"30 Do Z0�Z=., 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated March 21, 1991, in the total amount of $16,022,025.62, was approved as submitted. Councilman Hausdorfer abstained on Warrants Nos. 29630, 30080, and 30081 due to a possible conflict of interest. REPORT OF DESIGN REVIEW COMMISSION ACTIONS (410.60) The Report dated April 2, 1991, from the Acting Director of Planning, regarding actions taken at the meeting of March 20, 1991, was ordered received and filed. REPORT OF EQUESTRIAN AND RECREATION TRAILS COMMISSION ACTIONS (930.40) The Report dated April 2, 1991, from the Director of Commun- ity Services, regarding actions taken at the meeting of March 11, 1991, was ordered received anc filed. 4. REPORT OF PARKS AND RECREATION COMMISSIO- ACTIONS (920.20) The Report dated April 2, 1991, from the D -ector of Commun- ity Services, regarding actions taken a the meeting of March 18, 1991, was ordered received and Led. -6- 4/2/91 119 5. REPORT OF PLANNING COMKISSION ACTIONS (440.40) The Report dated April 2, 1991, from the Acting Director of Planning, regarding actions taken at the meeting of March 26, 1991, was ordered received and filed. 6. PROPOSED VACATATION OF HIKING/EQUESTRIAN TRAIL LOTS 1 AND 2 TRACT 10090 (26031 VIA ARBOLEDA AND 26101 VIA PASTORAL) AND PARCEL 3 OF PARCEL MAP 108/18 (31769 AGUACATE ROAD) (LUPINACCI/COONTZ/MACKENZIE) (670.50) As set forth in the Report dated April 2, 1991, from the Director of Engineering and Building, the Resolution regarding a proposal to vacate the hiking/ equestrian easement within Lots 1 and 2 of Tract 10090 and Parcel 3 of Parcel Map 108/18, was not adopted in order to retain the ability to provide trail access for future residents of Via Pastoral. LICENSE AGREEMENT ALLOWING PORTION OF SOUTH COAST WATER DISTRICT WATER LINE EASEMENT TO CROSS OVER CITY EASEMENT - PARCELS 5 AND 6. PARCEL MAP 87-253 (PRICE COMPANY) (600.301 As set forth in the Report dated April 2, 1991, from the Director of Engineering and Building, the Agreement and Grant of License was approved, allowing the South Coast Water District to construct and maintain water lines in a portion of the City easement located in the Price Club area. The Mayor was authorized to execute the document on behalf of the City for forwarding to the Orange County Recorder. PUBLIC HEARINGS 1. AMENDMENT TO SECTION 9-3.611 OF TITLE 9 OF THE MUNICIPAL CODE - HOME OCCUPATIONS (CONTINUED) (420.30) Proposal: Consideration of revisions to present regulations pertaining to Home Occupation Permits. This hearing was continued from the meeting of March 5, 1991, to ensure that all necessary legal requirements were properly met with regarding to notification. Written Communication: Report dated April 2, 1991, from the Acting Director of Planning, forwarding the proposed regulations and summarizing the goals set by staff in revising the present standards. Mr. Tomlinson made an oral presentation. -7- 4/2/91 Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and the following persons responded: (1) Robert Eppers, 27832 Via Soncha, an electrical contrac- tor, cited concerns relative to restricting commercial vehicle length to 20 feet. Mr. Tomlinson stated that the Ordinance's Exception Clause could allow for the vehicle's minor length violation if all of the criteria is met under this clause. Mr. Tomlinson explained that a commercial vehicle is identified by its signage and not by its commercial license plates. (2) David Swerdlin, 26172 Via de Toledo, inquired about Section B(5) restricting customers coming to the home. Mr. Tomlinson explained that if there are no noise and/or traffic impacts as determined by the neighbors, there would be no violation. He noted, however, that the Code Enforcement Officer would make the final determination and explained the enforcement procedure. (3) Jill Yamada of Capistrano Lock and Safe, 31952 Del Obispo Street, received confirmation that radio dispatching from her home would still be allowed under the new regulations. She felt that the new regulations would encourage people to pursue their home occupations without a permit in part due to restrictions regarding commercial vehicles. (4) Patricia Spence, 29267 Country Hills Road, felt that the new regulations are ambiguous and suggested that some of the residents' concerns be addressed specifically. (5) Jim Klinger, 26431 Calle Lucana, owner of Modern Tree Service, commended City staff on the revised regulations but suggested that Section B(5) of the proposed ordin- ance be re-examined. He questioned a) whether the new regulations would allow him to talk with his employees at his house after work, or if these meetings would be considered "frequent;" 2) how the Code Enforcement Officer would be able to determine if meetings were personal or business related; and 3) if his son and brother-in-law would be considered employees who were "meeting" with him. He further stated that due to the proposed regulations he would remove the sign from one of his trucks at night, both of which are too large to be parked in his garage. He noted that someone who worked for another company would be allowed to park a commercial vehicle without restriction. WE 4/2/91 121 (6) William Eggert, 28086 Via del Cerro, felt that the proposed Ordinance was "un-American" and that the City did not have the right to tell him how to use his property. (7) Louis Want, 26432 Calle Lucana, spoke in favor of the proposed Ordinance. (8) Ed Chermak, 32231 Avenida los Amigos, spoke in favor of the proposed Ordinance so that the residential character of neighborhoods would be protected. There being no further input, the hearing was declared closed with the right to reopen at any time. Mr. Julian suggested that Section B(10) of the proposed Ordinance be revised to clarify how vehicles are to be measured. Council Discussion: In response to Councilman Hausdorfer Mr. Tomlinson explained that because of the number of complaints received by the City regarding home occupations, the regulations needed to be more clearly defined and made more specific. He noted that 9-10% of complaints received by the City are home occupation related. Councilman Hausdorfer felt that it would be difficult to enforce some of the violations and that home businesses should cooperate with neighbors. He emphasized that the new regulations should not be used as a tool for harassment. Councilman Vasquez voiced opposition to the proposed Ordin- ance, stating there are some ambiguities that need to be addressed, e.g. vehicle and home interior measurements. He felt the regulations as presently written would force some home occupation permit holders to "go underground" and not apply for a business license or pay sales taxes. Certification of Negative Declaration: It was moved by Councilman Hausdorfer and seconded by Councilman Jones and carried with Councilman Vasquez voting in the negative that the issuance of a Negative Declaration be certified on the proposed amendment. Approval of Home Occupation Revisions: The City Manager 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 Councilman Hausdorfer, seconded by Councilman Jones, that the following Ordinance be introduced, with the following amendments: -9- 4/2/91 2. (1) Section B(5) shall be revised to determine what constitutes "frequent" business-related meetings or gatherings. (2) Section B(10) shall be revised to clarify how vehicles are to be measured. REVISING HOME OCCUPATION REGULATIONS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING SECTION 9-3.611 ENTITLED "HOME OCCUPATION" TO TITLE 9 "LAND USE" OF THE MUNICIPAL CODE The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, and Mayor Friess NOES: Councilman Vasquez ABSENT: None Proposal: Consideration of a amendment to the Developer Fee and Deposit Resolution to provide the City with clear authority to ensure the collection of environmental review fees on behalf of the California Department of Fish and Game. The fees include a $1,300 fee for the review of a Negative Declaration and a $900 fee for review of an Environmental Impact Report, as part of the development application review process. Written Communication: Report dated April 2, 1991, from the Acting Director of Planning, reviewing concerns of staff and other options considered. Mr. Tomlinson made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and there being no response, closed the hearing with the -fight to reopen at any time. -10- 4/2/91 3. 123 Approval of Fee Schedule Revisions: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, that the following Resolution be adopted revising the fee schedule to provide the City with statutory authority to collect state -mandated environmental review fees on behalf of the California Department of Fish and Game: RESOLUTION NO. 91-4-2-1. AMENDING DEVELOPMENT FEES FOR PROCESSING DEVELOPMENT APPLICATIONS TO INCLUDE GAME DEPARTMENT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING DEVELOPMENT FEES FOR THE PROCESSING OF ENVIRONMENTAL DOCUMENTS TO ADD FEES FOR COMPLIANCE WITH REQUIREMENT FOR REVIEW BY STATE FISH AND GAME DEPARTMENT The motion carried by the following vote: AYES: Councilmen Jones, Hausdorfer, Buchheim, Vasquez, and Mayor Friess NOES: None ABSENT: None C AND D (THE LUSK COMPANY) (430.30) Proposal: Consideration of a request for a waiver regarding conditions of approval under Comprehensive Development Plan 81-2, Housing Opportunities Program. Applicant The Lusk Company 17550 Gilette Avenue P.O. Box C-19560 Irvine, CA 92713 Written Communication: Report dated April 2, 1991, from the City Manager, recommend- ing that the hearing be continued to the meeting of April 16, 1991, to allow additional time for discussion of legal interpretations with the interim City Attorney, staff, and the applicant regarding the requirements of the conditions of approval. -11- 4/2/91 Public Hearing: Notice having been given as required by law, Mayor Friess opened the Public Hearing, and there was no response. Continuation of Public Hearing: It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer, and unanimously carried that the hearing be continued to the meeting of April 16, 1991. RECESS AND RECONVENE Council recessed at 9:10 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 9:12 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. CITY ATTORNEY CONTRACT (ROURKE & WOODRUFF/SHAW) (600.30) Written Communication: Report dated April 2, 1991, from the City Manager, forwarding a proposed contract between the City and Rourke & Woodruff for provision of legal services by the former City Attorney John Shaw on several pending legal matters. Mr. Julian made an oral presentation. Councilman Vasquez suggested that the City monitor the anticipated costs for handling pending litigation so that costs can be controlled. Mr. Julian indicated that he would submit estimates of attorneys fees. Approval of Contract: It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, and unanimously carried that the Agreement for Legal Services with Rourke & Woodruff for interim legal services be approved for specified matters, at the rates of $135 per hour for advisory work and $150 per hour for litigation. 2. COMMISSION STANDARDS (110.10 Written Communication: Report dated April 2, 1991, from the Council Services Manager, noting that this item was continued from the meeting of March 19, 1991. Mayor Friess submitted a proposal recommending that a City policy be established addressing commission and board attendance at their respective meetings, noting that some -12- 4/2/91 3. 125 members have had extended periods of absence. The policy would restrict absences for all meetings for health reasons only and require that the secretary of the board/commission be notified in advance. All other absences would be deemed unexcused. To improve the selection process of board/commission members, Councilman Jones suggested that _kU applicants for a board or commission vacancy be interviewed by a subcommittee comprised of two Council members. The importance of atten- dance would be emphasized at these interviews. Councilman Hausdorfer recommended that a person applying for a number of commissions be interviewed only once. It was the consensus of the Council that the matter be continued to the meeting of April 16, 1991. Written Communication: Report dated April 2, 1991, from the Community Development Assistant, recommending that the block grant application be amended to allow for the rehabilitation of both houses and mobile homes throughout the City since allocated funds for improvements to Los Rios Street could not be used within the specified timeframe. Jeffrey Parker, Assistant to the City Manager, made an oral presentation. Approval to Amend Contracts: It was moved by Councilman Hausdorfer, Buchheim, and unanimously carried No. 26270 be amended for $37,000 for housing and mobile homes Citywide, an, No. C40189 be approved to reprogram mobile home rehabilitation. COUNCILMANIC ITEMS seconded by Councilman that Year 5 Contract the rehabilitation of i that Year 11 Contract funds for housing and 1. APPOINTMENT OF ONE MEMBER TO THE LOS RIOS REVIEW COMMITTEE (110.20) Written Communication: Report dated April 2, 1991, from the Council Services Manager, noting that the vacancy had been advertised and two applications were received. -13- 4/2/91 Councilman Vasquez nominated Michael Palmer, and Councilman Hausdorfer nominated Francie Perguson. It was the consensus of the Council that a subcommittee ^ comprised of Councilman Buchheim and Mayor Friess interview both nominees, with a recommendation for appointment sched- uled for the meeting of April 16, 1991. 2. DESIGNATING THE CAPISTRANO VALLEY ARTS COUNCIL AS AN OFFICIAL COORDINATING BODY FOR THE ARTS (130.80) Written Communication: Report dated April 2, 1991, from the Director of Community Services, summarizing the mission statement and goals for the Capistrano Valley Arts Council and listing its active participants. Designation of Arts Council: It was moved by Councilman Buchheim, seconded by Councilman Jones, and unanimously carried that the Capistrano Valley Arts Council be designated as an official coordinating body for local arts programs. 3. ORAL REPORTS OF OUTSIDE AGENCIES a. San Juan Basin Authority (1050.60) Councilman Buchheim noted the meeting held April 2, 1991, and reported that a savings of $4,000-$5,000 was lost as a result of rainwater wasted during recent storms. He stated that the agency was moving forward with the dam project. b. League of California Cities (140.20) Councilman Hausdorfer stated that he would not be able to attend the meeting next week. Councilman Vasquez and Mayor Friess volunteered to attend in his place. Mayor Friess noted a letter received from the League requesting support for Senate Bill 169, which would roll back the fees imposed on the City by the County for jail bookings. It was the consensus of the Council that the City write a letter to Marian Bergeson in support of the bill. -14- 4/2/91 127 COUNCIL COMMENTS 1. STAFF COMMENDATION (730.90) Council commended staff for their efforts and excellent response during the March Heritage Festival events and the Dana Mesa landslide. Councilman Jones expressed appreciation for the installation of the new Dance Hall floor. 2. SIGN CONTROL ENFORCEMENT (410.40) Mayor Friess requested code enforcement for the display of flags at the leasing office at the Spaulding development, McDonald's advertising, and the Korean sign on the hillside at Via Escolar and Rancho Viejo Road. CLOSED SESSION Council recessed to a Closed Session at 9:35 p.m. for discussion of legal matters pursuant to Government Code Section 54956.9(a) (Romer v. City and Committee to Restore Integrity v. individuals), the City Clerk being excused therefrom, and reconvened at 10:20 p.m. There being no further business before the Council, the meeting was adjourned at 10:20 p.m. to Tuesday, April 9, 1991, at 7:00 p.m. in the San Juan Hot Springs Dance Hall. ATTEST: KENNETH E. FRIES9, MAXOR Respectfully submitted, CHERYL JOHNSCH, CITY CLERK -15- 4/2/91