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90-1016_CC_Minutes_Regular MeetingOCTOBER 16, 1990 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 Hausdorfer at 7:02 p.m. in the City Council Chamber, followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Danny Letzinger of the Capistrano Valley Church. ROLL CALL: PRESENT: Gary L. Hausdorfer, Mayor Lawrence F. Buchheim, Councilman Kenneth E. Friess, Councilman Phillip R. Schwartze, Councilman ABSENT: Anthony L. Bland, Councilman STAFF PRESENT: Stephen B. Julian, City Manager; John R. Shaw, City Attorney; Cheryl Johnson, City Clerk; George Scarborough, Assistant City Manager; David Bentz, Director of Administrative Services; Ray Wellington, Interim Director of Engineering and Building Services; Thomas G. Merrell, Director of Planning Services; Thomas L. Baker, Director of Community Services; Nancy Bernardi, Recording Secretary. MINUTES Regular Meeting of October 2. 1990: It was moved by Councilman Buchheim, seconded by Councilman Friess, that the Minutes of the Regular Meeting of October 2, 1990, be approved as submitted. The motion carried by the following vote: AYES: Councilmen Schwartze, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: Councilman Bland MOTION TO READ BY TITLE ONLY It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that all Ordinances be read by title only. -1- 10/16/90 Z52 PRESENTATIONS AND COMMENDATIONS 1. PROCLAMATION DESIGNATING OCTOBER 14 THROUGH OCTOBER 20, 1990, AS "ENDING HUNGER WEEK" (610.40) Written Communication: Report dated October 16, 1990, from the City Clerk, forwarding the Proclamation. Presentation of Proclamation: Mayor Hausdorfer read the proclamation in full and with the consensus of Council declared the weed of October 14 - 20, 1990, as Ending Hunger Week. Pauline Leonard, member of the South Orange County Coordinating Council of Community Services was present to receive the proclamation. 2. PRESENTATION ORANGE COUNTY SHERIFF'S DEPARTMENT DEPUTY OF THE YEAR ROBERT BOLLONG (610.40) Written Communications: (1) Report dated October 16, 1990, from the Assistant City Manager, announcing the selection of Deputy Robert Bollong as the City's Deputy of the Year, the first of an annual presentation which recognizes performance excellence within the City's Police Services; (2) Letter dated October 12, 1990, from Lt. Dan Martini of Police Services forwarding the nomination of Deputy Bollong by his supervisors. Acceptance of Commendation: Mayor Hausdorfer presented the commendation to Deputy Bollong and expressed appreciation for his dedication and work for the City. ORAL COMMUNICATIONS 1. GENERAL PLAN AMENDMENT 90-6 (STEVENS/SCHRENK) (440.25) Joan Scarantino, 27441 Ortega Highway, submitted a petition in opposition to proposed General Plan Amendment 90-6 (Stevens/ Schrenk) to rezone property located on the north side of Ortega Highway and La Novia Avenue from Small Estate to General Commercial. The petition, which was signed by over 300 residents who would be directly affected by the rezone, was also submitted to the Planning Commission at its meeting of October 9, 1990. -2- 10/16/90 2 '4D CONSENT CALENDAR It was moved by Councilman Friess, seconded 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 Schwartze, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: Councilman Bland 1. APPROVAL OF WARRANTS (300.30) The List of Demands dated October 4, 1990, in the total amount of $855,707.93, was approved as submitted. CITY TREASURER'S REPORT OF INVESTMENTS (350.30) The City Treasurer's Report of Investments as of September 30, 1990, in the total amount of $14,575,000.00, was approved as submitted. 3. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated October 16, 1990, from the Director of Planning, regarding actions taken at the meeting of October 9, 1990, was ordered received and filed. 4. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.201 The Report dated October 16, 1990, from the Interim Director of Engineering and Building, regarding actions taken at the meeting of September 26, 1990, was ordered received and filed. 5. DENIAL OF CLAIM (LAUREL C. NOUR)a70.10 The claim received by the City on September 6, 1990, from the law firm of Ric C. Ottaiano, Lynberg 1, Watkins, on behalf of Laurel Nour, in the amount of $2,000,000 for property damage in a soils subsidence case on Fox Run Lane in the Hunt Club, was denied, as set forth in the report dated October 16, 1990, from the City Attorney. -3- 10/16/90 254 6. DENIAL OF CLAIM (HOWARD HARRIS) U 0._121 The claim received by the City on September 26, 1990, from the law firm of R. Q. Shupe, on behalf of Howard O. Harris, for bodily injuries allegedly sustained on June 23, 1990, due to a collision with an illegally parked trailer on San Juan Creek Road, was denied, as set forth in the report dated October 16, 1990, from the City Attorney. PUBLIC HEARINGS 1. PROPOSED REZONE NO 89-05 SPECIFIC DEVELOPMENT PLAN NO. 90- 01, GROWTH MANAGEMENT PLAN NO 89-01 RIDGELINE EXCEPTION NO 90-01 AND ENVIRONMENTAL IMPACT REPORT NO. 90-02 (CONCORDE DEVELOPMENT) (460.20/410.50/440.50/420.30) Proposal: Consideration of the following three separate land use applications and Final Environmental Impact Report for a 99 - acre site located at the northerly terminus of Camino Las Ramblas: (1) a request to rezone the project site from the GM (Growth Management) District) to PD (Planned Development) District, and adoption of specific development regulations for the proposed project; (2) adoption of a residential concept plan for 83 single- family detached parcels for calendar years 1991 and 1992; and (3) approval of an exception to the Ridgeline Grading provisions of the Code to allow grading within 200 feet of a General Plan designated ridgeline. Applicant: Property Owner Concorde Development Mr. Morris Misbin 19752 MacArthur Blvd., Su. 240 33901 Calle Borrego Irvine, CA 92715 San Juan Capistrano 92675 Written Communication: Report dated October 16, 1990, from the Director of Planning detailing the reasons for staff's recommendation to deny the land use applications and certify the Environmental Impact Report, along with the applicant's position and the recommendations of the Planning Commission. Mr. Merrell pointed out that many of the conflicts between staff and the applicant regarding the proposed plan were not worked out prior to being presented to the Council. He stated that the applicant found it difficult to comply with -4- 10/16/90 255 City standards and still satisfy his economic requirements, which resulted in extensive grading and landform alteration. Council was asked to provide direction to the applicant. Mr. Haselton, SWA Group, Project Manager and Planning Consultant for the project, presented the staff report and a slide presentation, which included a Slope Analysis Map and Slope Contour Map illustrating the steepness of the site's terrain, a Post -Project Contour Map showing the appearance of the site upon completion of the proposed project, and photographic examples of homes constructed into hillsides without utilizing the stilt foundation concept. Other exhibits were also on display, including a scale model of the project. Mr. Haselton indicated that staff could not support the proposed project because of its conflicts with the Open Space/Conservation and Community Design Elements of the General Plan, Hillside Management District, and objections raised by the Connemara residents. In addition, due to the major issues involving aesthetics and extensive landform alteration, staff also recommended that a Statement of Overriding Considerations be provided by the applicant. Mr. Haselton explained the problems with developing this site where the majority of the slopes are over 25% and many over 50%. Alternative plans provided by staff and the EIR were reviewed, which were rejected by the applicant. Ms. Tamara Ching, Environmental Consultant from Willdan Associates, preparer of the Environmental Impact Report for the proposed project, explained the conclusions reached in the Report --that the proposed project would generate significant and unavoidable adverse impacts with landform alteration and aesthetics. Noted were the guidelines set forth in the City's Open Space and Conservation Element of the General Plan and the Ridgeline Grading and Construction Ordinance with which the proposed project did not comply. Lynn Dosheery, Land Use Manager, explained the discussions held by the Planning Commission regarding the proposed project at workshops held in the summer of 1989 and October 1990. At the Planning Commission public hearing held on September 11, 1990, the Commission felt that the proposed project and a reduced -density alternative were not in conformance with the General Plan and offered the applicant two choices at that meeting: 1) for the Commission to continue the item and have the applicant bring back a revised plan which would conform with specific development parameters, or 2) for the Commission to recommend to the City Council certification of the Environmental Impact Report and denial of the proposed project. The applicant chose to have -5- 10/16/90 Council review the item. At the September 11 hearing, the Commission clearly stated that any project submitted should focus on preserving major permanent knolls and ridgelines, with a more sensitive approach to preserving the steep hillsides. Ms. Dosheery indicated that the alternative in Exhibit A of PC Resolution No. 90-9-11-2, although not approved by the Commission, was included in the proposed Council Resolution to illustrate one possible design approach which was deemed to be consistent with General Plan goals and policies. Since the September Planning Commission meeting, the geotechnical firm of Shaeffer, Dixon & Associates reviewed other possible alternatives and did not preclude the construction of stepped foundations for this site. Wyatt Hart, Chairman of the Planning Commission, referred to a letter received by him dated October 10, 1990, from the law firm representing the applicant, confirming the Commission's actions at the hearing of September 11 and statements made by the Commission during the Oral Communications portion of the September 25, 1990, regular meeting. He felt that the following clarifications needed to be made with regard to the conclusions reached by the applicant: (1) The Commission did not endorse construction on 2:1 slopes but did discourage the use of stilt/cantilevered foundations. (2) The Minutes of the September 25, 1990, meeting noted the Commission's request to inform the Council of its concerns via the minutes and the staff report for this meeting, not by memorandum. (3) The Commission did not approve the alternative mentioned in the adopted PC Resolution, only that it had possibilities. Mr. Merrell concluded the staff presentation by indicating that the applicant's design is driven by a specific number of units and the economic need to balance cut and fill. He noted that the alternative of detached housing had not yet been explored and suggested that the applicant work with staff to mitigate some of the adverse impacts. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing, and the following persons responded: 10/16/90 257 (1) Dennis Gage, applicant, President of Concorde Development, stated that their objective was to create a quality project comparable with the adjacent Connemara development. (2) Dennis Nelson, Director of Planning for Concorde Development, stated that the site is self-contained and invisible to the general community. After reviewing two other alternatives, he requested that Council consider the applicant's Exhibit W alternative, which he felt would be feasible. This 76 -unit plan is similar in concept to the reduced -density alternative proposed in the EIR, would reduce the amount of cut required, and would remain outside of the 200 -foot buffer zone. He noted the extensive amount of grading and fill required to extend Camino Las Ramblas and stated that Alternative W would also allow for a partial extension of the roadway through to the proposed 900 -acre City park. He stated that the City's guidelines and policies are subjective and submitted a comparative analysis of the proposed project and two of its alternatives with other approved and completed City projects (Connemara, Lacouague Ranch, and Marbella), emphasizing the percentage of site altered and the volume of earthwork required. (3) Steve Castleberry, 33761 Ross Common, president of the Connemara Homeowners Association representing 80 homes, asked that the City not lower its aesthetic standards in order to comply with the proposed project and recommended that the Council deny the project. (4) Phillip Weisberg, 31196 Via San Vicente, felt that development of the site may not be feasible and that the City should not compromise its policies to economically accommodate an applicant. There being no further input, the public hearing was declared closed. Council Discussion: Councilman Buchheim stated that the City needs to further evaluate its intentions regarding the proposed 900 -acre park and the extension of Camino Las Ramblas with regard to the General Plan road system. He opposed the proposed project's density and any invasion of a designated ridgeline. He felt that the project should not be totally denied but be allowed to be brought back with revisions. Councilman Friess stated that he could not approve the proposed project because of its non-compliance with City -7- 10/16/90 5 policies and recommended that the proposed project be denied and the EIR certified. He suggested that the applicant work creatively with staff in order to comply with policies outlined in City ordinances. He also suggested that the impact to the City of extending Camino Las Ramblas be studied with regard to development in the area. Councilman Schwartze stated that the proposed project was not acceptable to the City and expressed opposition to the use of stilt and stepped foundations. He made the following suggestions/comments: (1) A different grading program should be submitted. (2) Any proposal should protect designated ridgelines and the 200 -foot buffer zone. (3) The extension of Camino Las Ramblas should be included. (4) A number of units could be eliminated southeast of Camino Las Ramblas which would reduce the project's density but continue to allow construction of single- family homes. (5) Expressed opposition to a clustered or attached -unit plan. (6) Until a feasible plan is presented to the Council, he suggested that certification of the EIR not be considered. Mayor Hausdorfer stated that the proposed project is unacceptable and was presented to the Council prematurely. He expressed opposition to any project that would encroach into the 200 -foot buffer zone and requested that the density be reduced. continuation of Hearing: It was moved by Councilman Schwartze and seconded by Councilman Buchheim and unanimously carried that: (1) the project be rejected as proposed; (2) the Environmental Impact Report not be certified; and (3) that the hearing be continued for 30 days (to the meeting of November 20, 1990), with an extension allowed if necessary and requested by staff. In addition, the applicant was directed to work with staff to redesign the plan as follows: -8- 10/16/90 259 (1) all designated ridgelines are to be protected; (2) no encroachment is to occur within the 200 -foot buffer zone, (3) the density is to be reduced. (4) the advantages and disadvantages of extending Camino Las Ramblas are to be addressed, with particular regard to the 900 -acre open space area, i.e. amount of dirt required to build the roadway, the merits of its extension vs. open space and the proposed development. (5) the revised project is to be submitted for Planning Commission review, before or after Council review, at staff's discretion. Councilman Friess suggested that staff study other alternatives for constructing the extension of Camino Las Ramblas; e.g., an elevated structure that would require less fill material. RECESS AND RECONVENE Council recessed at 8:45 p.m. and reconvened at 8:50 p.m. PUBLIC HEARINGS (CONTINUED) 2. AMENDMENTS TO TITLE 9 OF THE MUNICIPAL CODE: a. (460.30) Proposal: Consideration of an amendment to Section 9-3.614 (Lighting) of the Municipal Code to include design and performance standards for non-residential developments (commercial, industrial, etc.) including intensity, height of exterior light fixtures, wattage, type of fixtures, shielding, and the review process. Written Communication: Report dated October 16, 1990, from the Director of Planning, forwarding a revised lighting section to the Municipal Code that provides specific design and performance standards, and includes amendments to several provisions of the residential section to provide clarification of standards. -9- 10/16/90 171 b. Standards (420.30) Proposal: Consideration of amendments to various sections of Title 9 of the Municipal Code regarding Fences, Walls, and Hedges (9-3.604), Swimming Pools, Whirlpools, and Spas (9-3.606), Accessory Uses and Structures (9-3.607), Outside Storage and Displays (9-3.616), Tree Removals (9-3.618), Mobile Home (MHP) District (9-3.408), and Building Projections - Side Yards (Development Standards) (9-3.424(b)(13). Written Communication: Report dated October 16, 1990, from the Director of Planning, forwarding descriptions of the revisions to Title 9, Chapter 3 of the Municipal Code. Thomas Tomlinson, City Planner, made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Hausdorfer opened the Public Hearing, and there being no response, closed the hearing. The City Attorney 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 Schwartze, seconded by Councilman Buchheim, that the following Ordinance be introduced establishing revised exterior lighting standards: ORDINANCE AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE ADDING EXTERIOR LIGHTING STANDARDS FOR NON- RESIDENTIAL PROJECTS -AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING SECTION 9-3.614 OF THE MUNICIPAL CODE TO ADD EXTERIOR LIGHTING STANDARDS FOR NON-RESIDENTIAL PROJECTS The motion carried by the following vote: AYES: Councilmen Schwartze, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: Councilman Bland -10- 10/16/90 261 Anvroval of Miscellaneous Amendments: The City Attorney 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 Schwartze, seconded by Councilman Buchheim, that the following ordinance be introduced: ORDINANCE. AMENDING TITLE 9 OF THE MUNICIPAL CODE - MISCELLANEOUS AMENDMENTS RELATIVE TO FENCES, SWIMMING POOLS, OUTSIDE STORAGE, TREE REMOVALS AND DEVELOPMENT STANDARDS - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING MISCELLANEOUS SECTIONS TO TITLE 9 "LAND USE" OF THE MUNICIPAL CODE, RELATING TO FENCES, SWIMMING POOLS, OUTSIDE STORAGE, TREE REMOVALS AND DEVELOPMENT STANDARDS The motion carried by the following vote: AYES: NOES: ABSENT: RECESS AND RECONVENE Councilmen Schwartze, Buchheim, Friess, and Mayor Hausdorfer None Councilman Bland Council recessed at 8:58 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 9:02 p.m. ADMINISTRATIVE ITEMS CITY MANAGER OFF -AGENDA ITEM - DISPOSITION OF AGENCY ASSETS - STONEHILL DRIVE EXTENSION (820.20) It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried to find that this item was not available prior to publishing of the Council agenda and consideration was necessary at this time. The City Manager noted that a small parcel (approximately 1,438 square feet) located in the right-of-way on a portion of the Rosan Ranch property off Stonehill Drive had inadvertently not been acquired by the County of Orange for the extension of Stonehill Drive. In order to hasten the process for the County and to keep the project on track by complying with federal acquisition and appraisal -11- 10/16/90 1. requirements, the City Manager recommended that a fee title grant be approved for slope, drainage, and temporary construction easements for this parcel. The Community Redevelopment Agency will receive $4,400 from the County for this acquisition. Granting of Fee Title: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried to approve granting of fee title to the County of Orange for Agency -owned property located in the lower Rosan Ranch in the Stonehill Drive extension right-of-way. Authorization to Execute Disposition Agreement: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried to approve execution of the Disposition Agreement by the Agency Chairman and the Executive Director. (910.50) Written Communication: Report dated October 16, 1990, from the Senior Management Assistant, recommending that the City apply for participation in the Certified Local Government Program through the State Office of Historic Preservation, which encourages the preservation of significant cultural resources by promoting a partnership between local governments and the state. If the City elects to participate, it would be eligible for additional grant funding through the State's share of Federal Historic Preservation funds. Jennifer Williams, Senior Management Assistant, made an oral presentation. Authorization to Participate in Program: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that the following Resolution be adopted authoriz- ing the City's participation in the Certified Local Govern- ment program: RESOLUTION NO 90-10-16-1 LOCAL GOVERNMENT HISTORIC PRESERVATION PROGRAM - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION FOR PARTICIPATION IN THE CERTIFIED LOCAL GOVERNMENT HISTORIC PRESERVATION PROGRAM -12- 10/16/90 263 The motion carried by the following vote: AYES: Councilmen Schwartze, Buchheim, Friess, and Mayor Hausdorfer NOES: None ABSENT: Councilman Bland DIRECTOR OF PLANNING SERVICES 1. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10) Written Communication: Report dated October 16, 1990, from the Director of Planning, advising that two new development applications were received by the City since the last report of September 18, 1990. The report was received and filed. Councilman Friess noted that the installation of lights at the Hoffman Stables had begun and requested that staff review compliance with the originally -approved Conditional Use Permit. In addition, he noted that weekend grading and dumping of dirt was still occurring without the City's permission at this location. 2. INITIATION OF GENERAL PLAN AMENDMENT 90-07 AIR QUALITY ELEMENT (440.25_) Written Communication: Report dated October 16, 1990, from the Director of Planning, forwarding a draft Air Quality Element to the City's General Plan setting forth a comprehensive approach to ensuring compliance with the regional Air Quality Management Plan. Initiation of Amendment to General Plan: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that consideration of an amendment to the City's General Plan for inclusion of an Air Quality Element be initiated. This action allows the formal public review and hearing process to begin. -13- 10/16/90 ORDINANCES 1. Written Communication: Report dated October 16, 1990, from the City Clerk, advising that the Ordinance was introduced at the meeting of October 2, 1990, and was scheduled for adoption. Adoption of Ordinance: The City Attorney 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 Buchheim, seconded by Councilman Friess, that the following Ordinance be adopted: ORDINANCE NO 674 APPROVING REZONE 89-6 (HINDIYEH) - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A REZONE FOR 1.86 ACRES OF LAND IDENTIFIED AS ASSESSOR'S PARCEL NO. 650-302-12 FROM ES (SMALL ESTATE) DISTRICT TO 70 RS 20,000 (SINGLE FAMILY) DISTRICT (HINDIYEH) The motion carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMANIC ITEMS Councilmen Buchheim, Friess, and Mayor Hausdorfer None Councilman Schwartze Councilman Bland 1. APPOINTMENT OF ONE MEMBER TO THE TRAFFIC AND TRANSPORTATION COMMISSION (110.20) Written Communication: Report dated October 16, 1990, from the Council Services Manager, recommending that the vacancy on the Traffic and Transportation Commission be filled. Nine applications were received. Appointment of Commissioner: It was moved by Councilman Schwartze, seconded by Councilman Buchheim, and unanimously carried that Sheldon Cohen be -14- 10/16/90 265 appointed to the vacancy on the Traffic and Transportation Commission. 2. ORAL REPORTS OF OUTSIDE AGENCIES a. Southeast Regional Reclamation Authority (1040.60) Councilman Buchheim noted that the agency was in the process of bringing Capistrano Beach into the SERRA plant on a temporary basis. b. San Juan Basin Authority (1050.60) Councilman Buchheim stated that the agency was moving forward with its water disposition agreement. C. San Joaquin Hills Transportation Corridor (800.50) Mayor Hausdorfer encouraged attendance at the public hearing on the Environmental Impact Report on Monday, October 29, 1990, at 7:00 p.m. at Laguna Hills High School. d. League of California Cities (140.20) Councilman Schwartze noted convention would be hosted by the October 21 through 24, 1990, in COUNCIL COMMENTS 1. POLITICAL SIGNS (410.40) the League's annual Orange County Division Anaheim. Councilman Schwartze requested that staff review regulations regarding placement of political signs, particularly ones being nailed onto trees. The City Manager advised that in light of recent Supreme Court decisions the City Attorney had prepared guidelines for placement of signs. He noted that these signs are permitted in the public right-of-way but cannot destroy public property or impose a safety hazard. CLOSED SESSION Council recessed to a Closed Session at 9:13 p.m. for discussion of personnel matters and property acquisition matters relating to Kinoshita Farms, the City Clerk being excused therefrom, and reconvened at 10:02 p.m. -15- 10/16/90 There being no further business before the Council, the meeting was adjourned at 10:02 p.m. to the next regular meeting date of Tuesday, November 6, 1990, at 7:00 P.M. in the City Council Chamber. Respectfully submitted, i KGJ. 151 W40 I ATTEST: �l -16- 10/16/90