90-0116_CC_Minutes_Regular Meeting357
JANUARY 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
7:00 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
Phillip R. Schwartze, Councilman
ABSENT: Kenneth E. Friess, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; Mary Ann Hanover,
City Clerk; John R. Shaw, City Attorney; George Scarborough,
Assistant City Manager; Kenneth Hammon, Interim Director of
Administrative Services; William D. Murphy, Director of Public
Works; Thomas G. Merrell, Director of Community Planning and
Development; Thomas L. Baker, Director of Community Services; Nancy
Bernardi, Recording Secretary.
MINUTES
Regular Meeting of January 2, 1990:
It was moved by Councilman Bland, seconded by Councilman Schwartze,
that the Minutes of the Regular Meeting of January 2, 1990, be
approved as submitted. The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by
Schwartze, that all Ordinances be read by title only.
carried by the following vote:
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Councilman
The motion
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AYES:
NOES:
ABSENT:
ORAL COMMUNICATIONS
Councilmen Schwartze, Bland, Buchheim,
and Mayor Hausdorfer
None
Councilman Friess
1. Bill Hardy, 26523 Calle Lorenzo, Chairman of the Los Rios
Review Committee, requested that the Council review the
official minutes of the December 20, 1989, joint meeting of
the Los Rios Review Committee and the Architectural Board of
Review, particularly pages 2 and 3.
CONSENT CALENDAR
It was moved by Councilman Schwartze, 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, Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated December 28, 1989, in the total
amount of $2,238,743.40, was approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of December 31,
1989, in the total amount of $19,935,937.50, was approved as
submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
(345.60)
The City Treasurer's Report advising there were no 1911 Act
Bond Delinquencies as of December 31, 1989, was approved as
submitted.
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4. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS _(410.60
The Reports dated January 16, 1990, from the Director of
Community Planning and Development, regarding actions taken
at the joint meeting of December 20, 1989, with the Los Rios
Review Committee, and the meeting of January 3, 1990, were
ordered received and filed.
5. REPORT OF EQUESTRIAN COMMISSION AND JOINT FIELD TRIP OF
EOUESTRIAN COMMISSION AND PARKS AND RECREATION COMMISSION
ACTIONS (930.40/920.20)
The Report dated January 16, 1990, from the Director of
Community Services and Secretary of the Equestrian and Parks
and Recreation Commissions, regarding actions taken at the
meeting and joint field trip with the Parks and Recreation
Commission of January 8, 1990, was ordered received and filed.
6. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated January 16, 1990, from the Director of
Community Planning and Development, regarding actions taken
at the meeting of January 9, 1990, was ordered received and
filed.
REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS
(590.20)
The Report dated January 16, 1990, from the Acting Secretary
of the Traffic and Transportation Commission, regarding
actions taken at the meeting of November 8, 1989, was ordered
received and filed.
TRAFFIC SIGNAL INSTALLATION AT MARGUERITE PARKWAY/RANCHO VIEJO
ROAD/VIA ESCOLAR - RESOLUTION NOTICE OF COMPLETION AND FINAL
REPORT (BAXTER -GRIFFIN COMPANY. INC.1 (600.30)
As set forth in the Report dated January 16,
Director of Public Works, the construction of
at the subject location was completed.
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1990, from the
a traffic signal
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Acceptance of Work:
The following Resolution was adopted:
RESOLUTION NO. 90-1-16-3, COMPLETION OF TRAFFIC _
SIGNAL INSTALLATION - MARGUERITE PARKWAY/RANCHO
VIEJO ROAD/VIA ESCOLAR - 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
TRAFFIC SIGNAL INSTALLATION - MARGUERITE
PARKWAY/RANCHO VIEJO ROAD/VIA ESCOLAR
The Resolution accepted the work as complete in the amount of
$56,600 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 $5,660 thirty-five
days after recording the Notice of Completion.
CONSIDERATION OF BIDS - DANCE HALL EXPANSION (600.30)
As set forth in the Report dated January 16, 1990, from the
Director of Public Works, the three bids received for the
construction of an additional 300 square feet to the Hot
Springs Dance Hall for the storage of materials and equipment
were rejected due to the omission of a bid bond from the
lowest bidder. Staff was authorized to advertise for new bids
on the project.
DEL OBISPO STREET OVERLAY, SAN JUAN CREEK ROAD IMPROVEMENTS -
RESOLUTION OF APPLICATION FOR FUNDING (ORANGE COUNTY UNIFIED
TRANSPORTATION TRUST) (820.20)
Written Communications:
Report dated January 16, 1990, from the Director of Public
Works, forwarding Resolutions requesting matching funds from
the Orange County Transportation Commission's (OCTC) Unified
Transportation Trust (OCUTT) for the Del Obispo Street Overlay
from Camino Capistrano to Ortega Highway and road improvements
for San Juan Creek Road from La Novia Avenue to 900 feet
easterly. Mr. Murphy noted that projects involving caps and
overlays are given the highest priority by OCTC.
It was moved by Councilman Bland, seconded by Councilman
Buchheim, that the following Resolution be adopted:
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DEL OBISPO STREET IMPROVEMENTS - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REQUESTING THE ORANGE COUNTY
TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE
ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT)
FUND THE IMPROVEMENT OF DEL OBISPO STREET FROM
CAMINO CAPISTRANO TO ORTEGA HIGHWAY
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
It was moved by Councilman Bland, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 90-1-16-2. REQUESTING OCUTT FUNDING -
SAN JUAN CREEK ROAD IMPROVEMENTS - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REQUESTING THE ORANGE COUNTY
TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE
ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT)
FUND THE IMPROVEMENT OF SAN JUAN CREEK ROAD FROM LA
NOVIA AVENUE TO 300 FEET EASTERLY
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
REDESIGN OF WIDENING OF DEL OBISPO STREET, WESTBORNE DRIVE. AND
CAMINO DEL AVION AMENDMENT TO CONSULTANT AGREEMENT (IWA
ENGINEERS) (600.30)
_Written Communications:
Report dated January 16, 1990, from the Director of Public
Works, discussing the amendment to the consultant agreement
with IWA Engineers for the redesign of the widening of Del
Obispo Street, Westborne Drive, and Camino Del Avion. It was
moved by Councilman Bland, seconded by Councilman Buchheim and
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unanimously carried to continue the item to the meeting of
February 6, 1990, due to the significant increase in costs
associated with the project.
PUBLIC BEARINGS
1. PROPOSED GATE -GUARDED FACILITY FOR HUNTERS CREEK ESTATES
(820.90)
Proposal:
Consideration of a request for a gate -guarded facility in
Hunter's Creek Estates, pursuant to City Council approval of
the concept on December 5, 1989. The proposed control gates
would serve the residents located between Via Santa Maria and
Camino Lacouague.
Written Communication:
Report dated January 16, 1990, from the Director of Public
Works, forwarding the appropriate documentation for approval
to finalize the process.
Mr. Murphy made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and the following person responded:
(1) Simon Whitney, representing Remington Properties, spoke
in favor of the gate -guarded facility.
There being no further input, the hearing was declared closed.
Approval of Facility:
It was moved by Councilman Buchheim, seconded by Councilman
Bland, and unanimously carried that the installation of a
gate -guarded facility in Hunter's Creek Estates be approved.
SUBDIVISION OF TWO ACRES INTO TWO RESIDENTIAL LOTS AT PROPERTY
LOCATED NORTHEAST OF THE TERMINUS OF VIA ESTELITA - TPM 89-
199 (HARTMAN) (CONTINUATION) (420.70)
Proposal:
Consideration of a request to split 2.o gross acres into two
lots of 1 acre each, located in the EL (Large Estate) zone
northeast of the terminus of Via Estelita.
Applicant/Owner:
Nicholas C. and Cherie W. Hartman
208 Avenue De La Riviera
San Clemente, CA 92672
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written Communication:
Report dated January 16, 1990, from the Director of Community
Planning and Development, summarizing the background of the
project, Planning Commission's review of the proposal, staff
analysis, and forwarding a recommendation of approval for the
Tentative Parcel Map, subject to conditions.
Exhibits were on display, and Mr. Merrell made an oral
presentation. It was noted that the street "Calle Ricardo"
should be corrected to "Calle Roberto" on the Tentative Parcel
Map.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing, and the following person responded:
(1) Kathleen Anderson of Christiansen and Associates,
engineers for the project, stated that the applicant was
in agreement with the staff findings and recommendations.
There being no further input, the hearing was declared closed.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, that the following Resolution be adopted:
RESOLUTION NO. 90-1-16-4. APPROVING TPM 89-199
(HARTMAN) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
TPM 89-199 (HARTMAN)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
3. JOINT PUBLIC HEARING ON PROPOSED DISPOSITION OF REAL PROPERTY
AND ACQUISITION OF REAL PROPERTY (SOLAG DISPOSAL)
(CONTINUATION) (670.20/670.70)
Proposal:
Joint consideration with the Community Redevelopment Agency
of a proposed disposition of real property and acquisition of
real property for the relocation of Solag Disposal to the
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lower Rosan property, which is currently owned by the
Community Redevelopment Agency.
Written Communication:
Report dated January 16, 1990, from the City Manager,
requesting that the hearing be continued to the meeting of
February 20, 1990, so that coordination and negotiation of
certain aspects of the agreement between Solag Disposal and
the Community Redevelopment Agency can be completed.
Mr. Julian noted that the final agreement would be ready for
consideration at the February 20 meeting.
Continuation of Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer
opened the Public Hearing. There being no response, it was
moved by Councilman Bland, seconded by Councilman Buchheim,
and unanimously carried that the public hearing be continued
to the meeting of February 20, 1990.
RECESS AND RECONVENE
Council recessed at 7:20 p.m. to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:22 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. APRIL 10 1990 ELECTION BOND ISSUE - RESOLUTION TAX STATEMENT
(630.20)
Written Communication:
Report dated January 16, 1990, from the City Manager,
forwarding a draft Resolution and Tax Statement to be mailed
to the voters prior to the election, pursuant to Elections
Code 5301.
Mr. Julian noted that the tax rates provided by the Save Open
Space supporters were averages only, while the rates provided
by the City reflect the lowest and highest rates to be
expected.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, that the following Resolution be adopted:
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- APRIL 10, 1990 BOND ELECTION - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE TAX STATEMENTS TO BE
MAILED TO VOTERS IN THE CITY OF SAN JUAN CAPISTRANO
PURSUANT TO SECTION 5300 OF THE ELECTIONS CODE
(APRIL 10, 1990, SAVE OPEN SPACE BOND ELECTION)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
CITY ATTORNEY
1. EMINENT DOMAIN HEARINGS - WISH AND MOORE EQUESTRIAN EASEMENT
MATTERS (TO BE CONTINUED) (670.40)
Written Communication:
Report dated January 16, 1990, from the City Attorney, asking
that the hearings for the acquisition of equestrian easements
on the Wish and Moore properties be continued so as to allow
sufficient time for the property owners to present any
optional concepts for the creation of equestrian easements
within the general area outside of their properties in lieu
of eminent domain proceedings.
Mayor Hausdorfer opened the eminent domain hearings, and there
being no response from the property owners, closed the
hearing.
Continuance of Hearings:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried that the eminent domain
hearings be continued to the meeting of February 6, 1990.
2. EMINENT DOMAIN HEARING - LA NOVIA EXTENSION (CAPISTRANO
RAMBLAS DEVELOPMENT CORPORATION) (670.40)
Written Communication:
Report dated January 16, 1990, from the City Attorney,
recommending that eminent domain proceedings be initiated to
acquire two additional easement areas required for the La
Novia Extension project. An offer was made to the property
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owner by the City for the acquisition of these areas, with no
agreement reached.
Mr. Shaw made an oral presentation, noting the submission of
an amended legal description of the easement.
Mayor Hausdorfer opened the eminent domain hearing, and there
being no response from the property owner, closed the hearing.
Adoption of Resolution:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, that the following Resolution be adopted:
RESOLUTION NO. 90-1-16-6, EMINENT DOMAIN PROCEEDINGS
(CAPISTRANO RAMBLAS DEVELOPMENT CORPORATION) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE
ACQUISITION OF CERTAIN REAL PROPERTY AND THE
EXPENDING OF FUNDS THEREFOR AND THE INSTITUTION OF
EMINENT DOMAIN PROCEEDINGS (A PORTION OF ASSESSOR'S
PARCEL NO. 666-311-01) (CAPISTRANO RAMBLAS
DEVELOPMENT CORPORATION)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440.10
Written Communication:
Report dated January 16, 1990, from the Director of Community
Planning and Development advising that five major development
applications were received by the City since the last report
of November 21, 1989.
The report was received and filed.
HISTORIC DEPICTION PROGRAM (CREEKSIDE EOUESTRIAN/GATES)
(610.30)
Written Communication:
Report dated January 16, 1990, from the Director of Community
Planning and Development, forwarding a recommendation of
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approval for the Historic Depiction Program submitted by
Creekside Equestrian, Ltd., consisting of a display of antique
farming implements and related artifacts.
Approval of Historic Depiction Program:
It was moved by Councilman Buchheim, seconded by Councilman
Schwartze, and unanimously carried that the Historic Depiction
Program for Creekside Equestrian be approved, subject to the
following conditions:
(1) Applicant shall prepare a brochure and map which
delineates locations of the artifacts and gives
additional descriptive details on each artifact's history
and the importance of farming to the area;
(2) Applicant shall work with members of the Cultural Arts
and Heritage Commission in preparing the brochure and
descriptive data, and the brochure shall be approved by
the Cultural Arts and Heritage Commission prior to
issuance of the first Certificate of Use and Occupancy;
and
(3) Applicant shall provide adequate measures to protect the
artifacts from the weather, theft, and vandalism.
3. VESTING TENTATIVE TRACT MAP 14216 - REVISED ARCHITECTURAL
CONTROL 86-7 AND RESIDENTIAL ALLOCATION REQUEST (CAPISTRANO
VALLEY TENNIS CLUB VILLAS/INTERWEST CORPORATION/BUNNELL)
(420.40/410.60/440.501
Written Communication:
Report dated January 16, 1990, from the Director of Community
Planning and Development, forwarding the preliminary review
of revised AC 86-7 for the construction of a 10 -acre tennis
club and 6 -acre residential development, which the Council had
referred back to the Planning Commission and Architectural
Board of Review at the meeting of November 21, 1989.
Exhibits were on display, and Mr. Merrell made an oral
presentation, noting the project schedule and modifications
made by the applicants pursuant to the Council action of
November 21. He stated that the applicants have proposed to
self -contain the flood control improvements without extensive
creek modifications, which staff is currently evaluating.
Acknowledgement and Affirmation:
It was moved by Councilman Schwartze, seconded by Councilman
Bland, and unanimously carried that:
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(1) The Environmental Review Board action to prepare an
Addendum to EIR 87-1 be acknowledged, and the action to
refer the project to the Architectural Board of Review
and the Planning Commission be affirmed; and
(2) The overall site plan concept is generally acceptable,
subject to review and revisions (including those listed
in the Staff Report), and is appropriate to proceed
through the development review process.
Councilman Schwartze suggested that in cases where short
driveways are of concern, roll -up garage doors be considered.
4. INITIATION OF AMENDMENT TO THE MUNICIPAL CODE TO PERMIT
CHURCHES IN THE MP (INDUSTRIAL PARK) DISTRICT (LIFE CHURCH OF
SADDLEBACK VALLEY) (420.30)
Written Communication:
Report dated January 16, 1990, from the Director of Community
Planning and Development, forwarding a request from the Life
Church of Saddleback Valley to amend the Municipal Code to
permit "religious -related uses" within the MP (Industrial
Park) District so that their church meetings could be held in
a portion of the Endevco building, which is located within the
MP District on Rancho Viejo Road. Staff recommended
initiation of the amendment process so that staff and the
Planning Commission may consider the merits of the request.
Mr. Merrell made an oral presentation and requested that the
scope of the amendment be broadened so as to incorporate other
organizations within the community that have similar interim
needs, perhaps limiting the use for a two-year period of time.
He noted that an emergency measure would be submitted for
Council consideration at the next meeting regarding this
request as well as a request from Nichols Institute for an
off-site parking lot.
Initiation of Amendment:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim, and unanimously carried that consideration of an
amendment to the Municipal Code be initiated to allow the
establishment of interim or temporary uses within the MP
(Industrial Park) District, not to be construed as future
approval of the proposed amendment when submitted for formal
review and action.
Councilman Bland requested that consideration be given to
reviewing the uses on an annual basis and that the issue of
temporary signage and identification be addressed.
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DIRECTOR OF PUBLIC WORKS
1. ADDITIONAL CONSULTING SERVICES - SEWER USER FEE STUDY (MURK)
(1040.20)
Written Communication:
Report dated January 16, 1990, from the Director of Public
Works, requesting additional funds in the amount of $12,800
for outside computer services and $6,200 for additional
specialized services (totaling $19,000) for the extension of
work on the City's Sewer User Fee Study, which will bring the
assessment of sewer user fees to commercial/ industrial
business into compliance with state standards.
Approval of Budget Transfer:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that a budget transfer in
the amount of $19,000 within the Sewer Enterprise Fund
(Account No. 17-6213-4440) be approved for the additional work
for the Sewer User Fee Study.
2. SEWER RECONSTRUCTION BUDGET AMENDMENT (HILLTOP WAY) (330.301
Written Communication:
Report dated January 16, 1990, from the Director of Public
Works, requesting a budget amendment in the amount of $75,000
for the reconstruction of the Hilltop Way sewer because of low
spots and standing water in the lines, with staff to obtain
input from residents during the design stage.
Approval of Budget Amendment:
It was moved by Councilman Bland, seconded by Councilman
Buchheim, and unanimously carried that a budget amendment in
the amount of $75,000 be approved from the Sewer Fund Reserve
for the reconstruction of the Hilltop Way sewer.
COUNCILMANIC ITEMS
APPOINTMENT OF ONE MEMBER TO THE LOS RIOS REVIEW COMMITTEE
(110.20)
Written Communication:
Report dated January 16, 1990, from the Senior Management
Assistant, noting that two applications have been received
for the vacancy on the Los Rios Review Committee.
Continuation of Advertisement:
It was moved by Councilman Buchheim,
Bland, and unanimously carried that the
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members be continued for up to 60 days to allow time for
review of Committee makeup.
2. APPOINTMENT OF ONE MEMBER TO THE CULTURAL ARTS AND HERITAGE
COMMISSION (110.20)
Written Communication:
Report dated January 16, 1990, from the Senior Management
Assistant, noting that nine applications have been received
for the vacancy on the Cultural Arts and Heritage Commission.
Appointment of Member:
It was moved by Councilman Bland, seconded by Councilman
Schwartze, and unanimously carried that Pamela Gibson be
appointed to the vacancy on the Cultural Arts and Heritage
Commission.
3. ORAL REPORTS OF OUTSIDE AGENCIES
a. Capistrano Valley Wastewater Authority (1040.60)
Councilman Buchheim noted that the next meeting is
tentatively scheduled for June 1990.
b. Southeast Regional Reclamation Authority (1040.60)
Councilman Buchheim noted the meeting to be held on
January 29, 1990, for discussion of composting and sludge
handling.
C. League of California Cities (140.20)
Councilman Schwartze noted the Single Room Occupancy
Program that will be considered by the Council in the
near future.
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There being no further business before the Council, the meeting
was adjourned at 7:52 p.m. to the next regular meeting date of
Tuesday, February 6, 1990, at 7:00 p.m. in the City Council
Chamber.
ATTEST:
ARY HAUSDORFER, YOR
Respectfully submitted,
MARY ANYEMOVER,-CITY CLERK
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