89-0801_CC_Minutes_Regular MeetingAUGUST 1, 1989
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 Reverend Jim
Tracy of the, Capistrano Church of the Nazarene.
ROLL CALL: PRESENT: Gary L. Hausdorfer, Mayor
Lawrence P. Buchheim, Councilman
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
ABSENT: Phillip R. Schwartze, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann
Hanover, City Clerk; John R. Shaw, City Attorney, George
Scarborough, Assistant City Manager; Robert G. Boone, Director
of Administrative Services; Thomas G. Merrell, Director of
Community Planning and Development; Thomas L. Baker, Director
of Community Services; Ted Simon, City Engineer; Nancy Bernardi,
Recording Secretary.
MINUTES
Adjourned Regular Meeting of June 27, 1989:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, that the Minutes of the Adjourned Regular Meeting of
June 27, 1989, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
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Regular Meeting of July 18, 1989:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, that the Minutes of the Regular Meeting of July 18,
1989, be approved as submitted. The motion carried by the _
following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
ORAL COMMUNICATIONS
1. PROPOSED AIRPORT SITE AT PORTRERO MESA (AIRPORT SELECTION
COMMITTEE)
Ilse Byrnes, 28355 Ortega Highway, expressed opposition to
the Portrero Mesa site location for the proposed airport
and suggested that an ad hoc committee be formed to
circulate petitions in opposition to the site. Councilman
Bland reviewed discussions held at the last meeting of the
Airport Selection Committee and explained the ranking of
proposed site locations and the advantages and
disadvantages of the Portrero and Norton AFB sites. Mayor
Hausdorfer noted that the City is to make a recommendation
to the Board of Supervisors and that the Council was
adamantly opposed to the Portrero site. He encouraged the
circulation of petitions to be submitted to the Board of
Supervisors, not the Site Selection Committee, and
indicated that consideration would be given to forming an
ad hoc committee.
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IV.
2. CITY HALL SITE/CAPISTRANO VILLAS LIGHTING
Carmen Dague, 31262 Calle San Juan, expressed concern
regarding the removal of tennis courts for the construction
of the new city hall in the downtown area. Mayor
Hausdorfer explained the need for a permanent city hall and
assured that every consideration would be given to
relocating the tennis courts in a nearby area. Mrs. Dague
also requested that additional lighting be installed in the
Capistrano Villas No. 2 neighborhood because of safety
concerns. Jeff Parker, Senior Management Assistant, gave
a progress report on the lighting installation. Mayor
Hausdorfer asked that Mrs. Dague contact Mr. Parker if the
newly installed lighting is still insufficient.
3. PUEBLO SERRA ENVIRONMENTAL IMPACT REPORT (CAPISTRANO INDIAN
COUNCIL)
Lynn Dague, 31262 Calle San Juan, requested a copy of the
Environmental Impact Report on the Pueblo Serra project for
the Indian Council, and Mayor Hausdorfer stated that a
complimentary copy could be obtained by the Indian Council
from the City Clerk's office.
PLAZA DEL OBISPO SIGNS
Mark Clancey, 31892 Via de Linda, submitted a letter dated
August 1, 1989, to the City Council regarding negotiations
between the developer for Plaza del Obispo and Marshall's
to downgrade the Marshall's sign prior to their grand
opening on August 10, 1989. Mr. Clancey asked that the
Wherehouse be contacted to achieve the same purpose. Mayor
Hausdorfer indicated that a meeting had been held and that
Marshall's had agreed to work with the City to modify their
sign.
CONSENT CALENDAR
It was moved by Councilman Bland, 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 Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
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1.
3.
4.
5.
APPROVAL OF WARRANTS (300.30)
The List of Demands dated July 13, 1989, in the total
amount of $3,426,518.80, was approved as submitted.
CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.30)
The City Treasurer's Report of Cash Fund Balances for the
month of February, 1989, in the total amount of
$515,892.67, was approved as submitted.
REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated August 1, 1989, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of July 19, 1989, was ordered received and
filed.
REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated August 1, 1989, from the Secretary of the
Parks and Recreation Commission, regarding actions taken
at the meeting of July 17, 1989, was ordered received and
filed.
REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Reports dated August 1, 1989, from the Director of
Community Planning and Development, regarding actions taken
at the meetings of June 21, July 11, and July 25, 1989,
were ordered received and filed.
6. REHABILITATION OF CAMINO CAPISTRANO FROM SOUTH CITY LIMITS
TO 2200 FEET SOUTH OF SAN JUAN CREEK ROAD (CAR WASH) -
RESOLUTION NOTICE OF COMPLETION AND FINAL REPORT
(INDUSTRIAL ASPHALT) (600.301
As set forth in the Report dated August 1, 1989, from the
Director of Public Works, the rehabilitation of Camino
Capistrano from the south City limits to 2200 feet south
of San Juan Creek Road was completed.
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7.
8.
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Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 89-8-1-1. COMPLETION OF THE
REHABILITATION OF CAMINO CAPISTRANO FROM SOUTH
CITY LIMIT TO 2200' SOUTH OF SAN JUAN CREEK ROAD
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING
WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION OF THE
REHABILITATION OF CAMINO CAPISTRANO FROM SOUTH
CITY LIMIT TO 2200' SOUTH OF SAN JUAN CREEK ROAD
The Resolution accepted the work as complete in the amount
of $198,844.56 and directed the City Clerk to forward a
Notice of Completion to the County Recorder. Staff was
authorized to release the 10% retention in the amount of
$19,884.46 35 days after recording the Notice of
Completion.
ACCEPTANCE OF STORM DRAIN EASEMENT - PARCEL MAP 81-856 (LE
As set forth in the Report dated August 1, 1989, from the
Director of Public Works, the easement to allow for a
storm drain previously owned by Mr. William Keele and
transferred by sale of property to Mr. Ron LeGrand was
accepted. The Mayor and City Clerk were directed to
execute the easement document, and the City Clerk was
directed to record the document.
ACCEPTANCE OF RIGHT-OF-WAY - PARCEL MAP 81-856, PASEO
CHRISTINA (LE GRAND) (670.501
As set forth in the Report dated August 1, 1989, from the
Director of Public Works, the right-of-way previously
owned by Mr. William Keele and transferred by sale of
property to Mr. Ron LeGrand was accepted to connect San
Juan Creek Road with Paseo Christina. The Mayor and City
Clerk were directed to execute the easement document, and
the City Clerk was directed to record the document.
9. QUITCLAIM OF EQUESTRIAN EASEMENTS. TRACT 10103
(INTERAMERICAN BUILDERS (670.50)
As set forth in the Report dated August 1, 1989, from the
Director of Public Works, the three equestrian/hiking
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easements within Tract 10103 on 1) Berkshire Lane (16 feet
wide), 2) along the south side of Windsor Drive from
Berkshire to Dominion Way (5 feet wide), and 3) the
easement within Lot 4, were quitclaimed to FN Projects,
Inc. The Mayor and City Clerk were authorized to execute
the deeds for recording.
10. RECEIPT OF EASEMENT AND GRANTING OF LICENSE TO CONSTRUCT_
CARPORTS WITHIN SANITARY SEWER EASEMENT (670.50)
As set forth in the Report dated August 1, 1989, from the
Director of Public Works, the easement containing a City
sewer line on Via Serra in Capistrano Beach was accepted
and a license granted for the construction of carports
over the sewer line to Anglo Capistrano Associates. The
City Clerk was directed to record the easement document.
11. RENEWAL OF LEASE AGREEMENT (HEAD START PROGRAM) (600.20)
As set forth in the Report dated August 1, 1989, from the
Director of Administrative Services, the Lease Agreement
with the Orange County Head Start, Inc. was extended for
a two-year period to August 15, 1991. The Mayor and City
Clerk were authorized to execute the agreement.
12. RESOLUTION CONFIRMING 1989-90 ASSESSMENT CHARGES,
ASSESSMENT DISTRICT 78-3 (ORTEGA PROPERTIES) (345.801
As set forth in the Report dated August 1, 1989, from the
Director of Administrative Services, the following
Resolution was adopted notifying the tax collector of this
years assessment in order to retire current 1915 Act
Bonds and interest, from which public improvements were
financed:
Assessment Notification:
The following Resolution was adopted:
RESOLUTION NO 89-8-1-2. CONFIRMING 1989-90
ASSESSMENT CHARGES - ASSESSMENT DISTRICT 78-3,
ORTEGA PROPERTIES - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING 1989-90 ASSESSMENT
CHARGES - ASSESSMENT DISTRICT 78-3, ORTEGA
PROPERTIES
The Resolution confirmed the 1989-90 assessment charges
for Assessment District 78-3 in the amount of $484,413.05.
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13. STATUS REPORT - RIDGELINE PRESERVATION ZONING STUDY
(420.30)
The Report dated August 1, 1989, from the City Attorney
indicating that the Planning staff is in the process of
submitting recommendations for review by the Planning
Commission concerning proposed permanent zoning controls
for ridgeline preservation was received and filed.
PUBLIC HEARINGS
1. ASSESSMENT OF CHARGES - 1989 WEED ABATEMENT PROGRAM
(540.70)
Proposal:
Consideration of charges for the 1989 Weed Abatement
Program for the City's weed abatement services to property
owners at a reasonable cost.
Written Communication:
Report dated August 1, 1989, from the Director of Public
Works summarizing the program, process of notification,
the public input process, and contract costs. Noted were
properties which will require additional services from
previous years' abatement services.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing, and the following
persons responded:
(1) Mr. Unema, 27541 Silver Creek Drive, objected to the
amount of the bill he received from the weed
abatement contractor for his work and noted that as
the recent new owner of the property, he had not
received notification of the necessity for weed
abatement. He stated that the area was measured
incorrectly, and he was therefore overbilled for the
work performed. The process for notification was
reviewed. It was moved by Councilman Bland, seconded
by Councilman Buchheim, and unanimously carried that
Mr. Unema's property be deleted from the assessment
list. Staff was directed to negotiate a settlement
with Mr. Unema for the weed abatement services
performed on his property.
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(2) Bernard Casper, 31072 Paseo Valencia, submitted
photographs to the Council of a vacant lot he owns
and objected to the inferior quality of work performed
and the increase in weed abatement fees from previous
years. It was the consensus of Council that because
Mr. Casper was not aware of this year's increase in
handwork for his property and the resultant increase
in fees, he would be charged the previous year's weed
abatement price of $62, but was forewarned of next
year's potential increase in costs. Staff was
directed to inspect the subject property with the weed
abatement contractor to review the work performed.
There being no further input, the public hearing was
declared closed, with the right to reopen at any time.
Adoption of Resolution:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, that the following Resolution be adopted:
RESOLUTION NO 89-8-1-3 CONFIRMING COST REPORT
- 1989 WEED ABATEMENT - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING THE COST REPORT FOR 1989
WEED ABATEMENT IN THE CITY OF SAN JUAN
CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
AUTHORIZATION TO ASSESS CHARGES CITY LANDSCAPE
Proposal:
Consideration of assessment charges for City Landscape _
Maintenance Districts for residential tracts 9284
(Seaview), 9382 (Belford Terrace), 8485 (Mission Springs),
7673 (Mission Woods), and 9373/7654 (Los Corrales).
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Writt,an Communication:
Report dated August 1, 1989, from the Director of Public
Works, noting increases in assessments for the districts
and larger increases for the Seaview and Los Corrales
tracts because of the necessity for additional work to be
performed.
Public Hearing:
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing, and the following
persons responded:
(1) Wally Bublitz, 27575 Rosedale Drive (Belford
Terrace), submitted photographs indicating poorly
maintained plant growth in this development. Mayor
Hausdorfer directly staff to work directly with Mr.
Bublas in resolving the maintenance problem.
There being no further input, the hearing was declared
closed, with the right to reopen at any time.
Adoption of Resolution:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, that the following Resolution be adopted and
forwarded to the County Auditor:
RESOLUTION NO. 89-8-1-4. CONFIRMING COST REPOR
- _1989 LANDSCAPE MAINTENANCE DISTRICTS - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, CONFIRMING THE
COST REPORT FOR 1989 LANDSCAPE MAINTENANCE
DISTRICTS' CHARGES IN THE CITY OF SAN JUAN
CAPISTRANO
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
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3. CONFIRMING ASSESSMENTS AND PROVIDING FOR THE LEVYING OF
Written Communication:
Report dated August 1, 1989, from the Director of Public
Works, regarding the reduction in boundaries and the
confirmation of the Capistrano Royale Homeowners'
Association to assume administrative responsibilities for
the landscape maintenance of non -association member
properties (11 lots). Noted was a slight increase in fees
for each property owner.
,Staff Presentation:
The City Clerk announced that notice had been given in the
manner and form as required by law and that a Certificate
of Compliance was on file and open for public inspection.
Cindy Ferguson, Senior Management Assistant, made an oral
presentation. Staff indicated that no protests had been
received.
Public Hearing•
Notice having been given as required by law, Mayor
Hausdorfer opened the Public Hearing. After receiving no
public input, it was moved by Councilman Bland, seconded
by Councilman Buchheim, and unanimously carried that the
hearing be declared closed.
Adoption of Resolution:
it was moved by Councilman Buchheim, seconded by
Councilman Friess, that the following Resolution be
adopted and forwarded to the County Auditor:
RESOLUTION NO. 89-8-1-5 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONFIRMING THE DIAGRAM AND
ASSESSMENT AND PROVIDING FOR THE LEVY OF THE
ANNUAL ASSESSMENT IN A SPECIAL ASSESSMENT
DISTRICT
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
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RECESS AND RECONVENE
Council recessed at 7:55 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:00 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
REORGANIZATION AND STAFFING PLAN FOR COMMUNITY PLANNING
AND DEVELOPMENT (100.30)
Written Communications:
Report dated August 1, 1989, from the Assistant City
Manager, outlining the proposed staffing requests for the
Department of Community Planning and Development;
Memorandum dated July 27, 1989, from the Director of
Community Planning and Development regarding the interim
organizational solutions; Memorandum dated July 26, 1989,
from the Development Services Administrator regarding
interim staffing.
Mr. Scarborough made an oral presentation, summarizing the
department's proposed staffing program, space requirements,
changes in the administrative systems and processes,
interim measures, and financial considerations.
Approval of Staffing Plan:
It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried that the proposed
staffing plan for the Department of Community Planning and
Development be approved. A budget allocation of $84,000
was authorized from the General Fund unappropriated
reserves for non -personnel costs. The Resolution approving
the implementation of the plan and the budget authorization
is to be submitted for final approval at the August 15,
1989, meeting.
Councilman Bland asked for the public's patience during
this interim time of staff and space implementation, and
Councilman Friess noted that the department's improvements
will most likely benefit individual homeowners who live in
the City.
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2. ACCEPTANCE OF CLASSIFICATION AND COMPENSATION STUDY AND
ADOPTION OF SALARY IMPLEMENTATION RESOLUTION (700.20)
written Communication:
Report dated August 1, 1989, from the Assistant City
Manager, forwarding a report of findings and
recommendations of a new salary structure, Joint
Classification and Compensation Study for the City of San
Juan Capistrano and the Capistrano Valley Water District,"
pursuant to the findings of Kuhn and Associates, Inc.,
which included survey data received from various Orange
County agencies. The initial first-year costs of
implementing the study are anticipated to be approximately
3 percent of the City's present payroll, or $6,587 per
month, as well as an additional $72,000 to pay the
employees' new salaries retroactive to November 15, 1988.
Mr. Scarborough made an oral presentation, noting that a
number of employees were appealing the findings of the
study, the results of which are to be presented to the
Council for review at a later date. Councilman Bland
expressed appreciation on behalf of the Council for all
the work performed over the years by City and Water
District employees.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, that the following Resolution be adopted:
RESOLUTION NO 89-8-1-6. AMENDING THE CITY'S
PERSONNEL CLASSIFICATION AND COMPENSATION PLAN -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING THE
CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION
PLAN AND REPEALING RESOLUTION NO. 82-9-21-4
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim,
Friess, and Mayor Hausdorfer
NOES: None _
ABSENT: Councilman Schwartze
The Resolution adopted the Classification and Compensation
Plan proposed by Stephen Kuhn and Associates, inc. and
repealed Resolution 82-9-21-4.
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1. PUEBLO SERRA PLANNED COMMUNITY - REZONE 88-4 (PUEBLO
SERRA/ENTERPRISE CONSTRUCTION) (ADOPTION) (460.20)
Written Communication:
Report dated August 1, 1989, from the City Clerk, advising
that the Ordinance was introduced at the meeting of July
18, 1989, 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 Friess,
seconded by Councilman Buchheim, that the following
Ordinance be adopted:
ORDINANCE NO. 650, APPROVING REZONE 88-4 (PUEBLO
SERRA/ENTERPRISE CONSTRUCTION) - AN ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE OFFICIAL ZONING MAP ADOPTED BY
ORDINANCE NO. 293 BY CHANGING THE ZONING OF A
PORTION OF ASSESSOR'S PARCEL NO. 649-011-25 AND
649-011-30 FROM PLANNED COMMUNITY (COMPREHENSIVE
DEVELOPMENT PLAN 75-1) TO PLANNED COMMUNITY
(COMPREHENSIVE DEVELOPMENT PLAN 89-1)
(ENTERPRISE CONSTRUCTION, INC./PUEBLO SERRA)
The motion -carried by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmen Bland, Friess,
and Mayor Hausdorfer
None
Councilman Buchheim
Councilman Schwartze
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COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Capistrano Valley Wastewater Authority (1040.601
Councilman Buchheim noted that the next meeting would
be held the first part of September.
b. Southeast Regional Reclamation Authority (1040.60)
Councilman Buchheim indicated that the plant was
functioning well and that basic maintenance was being
performed and was on schedule.
C. San Juan Basin Authority (1050.60)
Councilman Buchheim noted the possibility of
additional wells being installed.
d. Airport Site Selection Committee (940.30)
Councilman Bland spoke regarding the increasing
demand for an additional Orange County airport by the
year 2010 and that once a site is chosen, it would
probably not be in operation before that year. He
stated that the Committee will recommend four sites
to the Board of Supervisors by December 1989 and that
the hearings were not yet scheduled. Also reviewed
were proposed and previously deleted site locations.
COUNCIL COMMENTS
1. SIGN ORDINANCE REVIEW COMMITTEE (410.401
Councilman Friess requested that a specific meeting date
be scheduled for the first part of September.
2. GRAFFITI AT LA SALA (530.60)
Councilman Friess requested that the graffiti at the
northeast corner of La Sala at the Library be removed. _
3. SUPER 7 SERVICE STATION (450.70)
Councilman Friess requested that staff investigate the
apparent sale of used automobiles and large carpets on
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Councilman Friess
apparent sale of
weekends at the
outheast corner
Street.
requested that staff investigate the
used automobiles and large carpets on
former Service Station site at the
of Camino Capistrano and Del Obispo
4. WIC (WOMEN. INFANTS. AND CHILDREN) (140.70)
Councilman Friess asked for the press' cooperation in
publicizing the meeting dates, times, and location of the
Orange County WIC for nutritional education and
supplements. He asked the community to consider providing
a 1500 -square -foot facility in San Juan Capistrano that
would hold approximately 50 people on the first and third
Wednesdays of each month for nine hours each date for
these educational purposes.
5. BOARD/COMMISSION APPOINTMENTS (110.20)
Mayor Hausdorfer requested that new appointments to boards
and commissions be scheduled for the meeting of September
19, 1989.
CLOSED SESSION
Council recessed to Closed Session at 8:30 p.m. for discussion
of legal and personnel matters, the City Clerk being excused
therefrom, and reconvened at 10:35 p.m.
There being no further business before the Council, the meeting
was adjourned at 10:35 p.m. to the next meeting date of
Tuesday, August 8, 1989, at 6:00 p.m. in the City Council
Chamber.
Respectfully submitted,
M89.1 ygnIjA; ��l✓i�I�t
AT
GAR L HAUSDORF , MAYOR
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