88-0315_CC_Minutes_Regular Meeting123
MARCH 15, 1988
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 Bland at 7:09 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Father Paul Martin,
Mission San Juan Capistrano.
ROLL CALL PRESENT: Anthony L. Bland, Mayor
Lawrence F. Buchheim, Mayor pro tem
Kenneth E. Friess, Councilman
Gary L. Hausdorfer, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard, Assistant City
Manager; Mary Ann Hanover, City Clerk; John R. Shaw, City Attorney; Robert G. Boone,
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; Cheryl Johnson, Recording Secretary.
MINUTES
Regular Meeting of March 1, 1988:
It was moved by Councilman Hausdorfer, seconded by Councilman Buchheim, that the
Minutes of the Regular Meeting of March 1, 1988, be approved as submitted. The motion
carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Schwartze, seconded by Councilman Buchheim, that all
Ordinances be read by title only. The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
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PRESENTATIONS AND COMMENDATIONS
CERTIFICATE OF RECOGNITION HONORING RICHARD WORDES (110.30)
Written Communications: _
Report dated March 15, 1988, from the Senior Administrative .Assistant, advising
that in accordance with City Council Policy, a Certificate of Recognition had been
prepared for Mr. Wordes, whose resignation from the Planning Commission had been
accepted by Council on February 16, 1988.
Mayor Bland read the Certification of Recognition in full. Mr. Wordes was present
to receive the Certificate.
2. MAYOR'S PRIDE PROGRAM (610.30)
This item was taken out of order on the Agenda.
Written Communications:
Report dated March 15, 1988, from the City Manager, advising that a committee
composed of the President of the San Juan Chamber of Commerce, President of San
Juan Beautiful, President of the San Juan Historical Society and the Mayor, had
reviewed nominees in three specific categories and recommended that the following
businesses receive the first annual Mayor's Business Community Pride Award:
Commercial Business - Jack -in -the Box;
Industrial Business - Endevco
Retail Business - G. R. Durenberger
The Mayor presented the Mayor's Business Community Pride Awards to Bill Medina,
Endevco; Tracy Southall, Jack-in-the-Box; and, Gep Durenberger, G. R.
Durenberger.
ORAL COMMUNICATIONS
1. WESTSIDE ANNEXATION NO. 2 (620.20)
The following persons requested time to address the item regarding the Westside
Annexation No. 2:
Bob Hill, One Upper Newport Plaza, Newport Beach;
Bernard Fallon, 8 Old Ranch Road;
Robert E. Curry, Latham & Watkins, Attorneys at Law, 650 Town Center Dr., Costa
Mesa;
Lee Bangerter, 31645 Peppertree Bend;
David Hansen, 31171 Calle del Campo;
Nancy Christensen, P. O. Box 7082, Laguna Niguel, questioned whether speaking on
the issue would constitute a violation of her pre -annexation agreement. There was a
consensus of Council that such action would not constitute a violation.
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2. FRIENDS OF HISTORIC SAN JUAN CAPISTRANO (910.20)
John Tatum, Friends of Historic San Juan Capistrano, P. O. Box 1645, presented a
letter dated March 15, 1988, requesting they be provided with a marketing study for
the Historic Town Center; that an independent outside firm conduct a survey
regarding type of construction in the Historic Town Center; and, that a study be
made on the concept of full reconstruction of the area, 1790 to 1900, and its
economic viability and cultural significance. Discussion ensued regarding the
architect's report and completion of the architectural investigation prior to the
making of any decisions. There was a consensus of Council that a member of the
Friends of Historic San Juan Capistrano meet with a member of City staff to discuss
their concerns and ideas.
Frank Ducey, 201 Calle Felicidad, San Clemente, advised that the organization
membership included professional people willing to help resolve the issues. He
requested that the organization be allowed to review the environmental impact
report section pertaining to the archeological findings.
CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer, 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, Friess, Buchheim
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS (300.30)
The List of Demands dated February 25, 1988, Warrant Nos. 6,404, 6,574-6,577,
6,581 and 6,671-6,687, in the total amount of $1,643,993.57; and, dated February 25,
1988, Warrant Nos. 6,686-6,808, in the total amount of $372,127.81, was approved as
submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS (350.30)
The City Treasurer's Report of Investments as of February 29, 1988, in the total
amount of $17,335,937.50, was approved as submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES (345.60)
The City Treasurer's Report of 1911 Act Bond Delinquencies as of February 25,
1988, in the total amount of $1310.73, was approved as submitted.
4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60)
The Report dated March 15, 1988, from the Secretary of the Cultural Arts and
Heritage Commission, regarding actions taken at the meeting of February 23, 1988,
was ordered received and filed.
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5. REPORT OF LOS RIOS REVIEW COMMITTEE ACTIONS (400.50)
The Report dated March 15, 1988, from the Secrerary of the Los Rios Review
Committee Commission, regarding actions taken at the meeting of February 25,
1988, was ordered received and filed.
REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS
NU -WEST PROJECT 410.60
This item was removed from the Consent Calendar at the request of Councilman
Friess for clarification of the recommendation to reduce the number of trees in the
project. The City Planner advised that the recommendation addressed the knoll
area; the overall number of trees had been upgraded.
It was moved by 'Councilman Friess, seconded by Councilman Hausdorfer and
unanimously carried to receive and file the report dated March 0, 1988, from the
Secretary of the Architectural Board of Review, regarding actions taken at the
meeting of March 2, 1988.
These two items were removed from the Consent Calendar at the request of David
Hanson, Chairman of the Traffic and Transportation Commission, to address the
Commission's concerns regarding parking conditions for the proposed gymnasium at
St. Margaret's School, Architectural Control 87-16. Discussion ensued and it was
moved by Councilman Friess, seconded by Councilman Buchheim and unanimously
carried that a report be submitted to Council regarding parking for the gymnasium.
It was moved by Councilman Friess, seconded by Councilman Schwartze and
unanimously carried to receive and file the remainder of the items on the report
dated March 15, 1988, from the Secretary of the Planning Commission, regarding
actions taken at the meeting of March 8, 1988.
It was moved by Councilman Friess, seconded by Councilman Schwartze and
unanimously carried to receive and file the remainder of the items on the report
dated March 15, 1988, from the Secretary of the Traffic and Transportation
Commission, regarding actions taken at the meetings of February 10 and
February 24, 1988.
PUBLIC HEARINGS
APPEAL OF PLANNING
TION -
This Public Hearing was continued from the meeting of March 1, 1988.
Written Communications:
Report dated March 15, 1988, from the Director of Community Planning and
Development, advising that the item had been continued to investigate issues related
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to the Trabuco Creek floodplain. The report advised that the property is located
within the 100 -year floodplain, Floodway Overlay District (FP -1), as shown on the
current Federal Emergency Management Agency maps. The City's regulations allow
construction of temporary and readily removable structures in the 100 -year
floodplain; Federal Emergency Management Agency regulations do not allow
structures and substantial improvements. In order to maintain eligibility for flood
insurance, the City's zoning code must be amended to be consistent with Federal
Emergency Management Agency regulations. Staff is currently working to amend
the City's FP -1 District regulations, and the Federal Emergency Management
Agency maps are being updated as part of the Northwest Planning Study. The report
advised that preliminary information indicated that a substantial portion of the
Harris property could be withdrawn from the 100 -year floodplain. It was anticipated
that the process to amend the maps could take from 6 to 12 months. The report
advised that building permits could not now be issued for the project due to non-
compliance with Federal Emergency Management Agency regulations. Should the
appeal be approved, the report recommended that the one-year time limit for
obtaining a building permit begin when the FP -1 District and the Federal Emergency
Management Agency maps are amended.
Exhibits were on display and the City Planner made an oral report, advising that the
Planning Commission had deferred action on the request for 69 additional horses and
barn structures due to cumulative impacts on adjacent neighborhoods. He explained
the floodplain management issue and the conflicts between the requirements for
participation in the National Flood Insurance Act and the current City regulations.
The conflict would require modifications to the proposed structures, or modification
of the floodplain, including Federal Agency revision of the floodplain maps.
Discussion ensued and it was noted that in 1986 Mr. Harris had first requested the
increase in the number of horses up to the maximum allowed under his conditional
use permit. He had voluntarily withdrawn the request while the City conducted the
Equestrian Study and developed the floodplain management program. The Director
of Community Planning and Development advised that during the time of the
Equestrian Study, the Federal Emergency Management Agency had become more
restrictive and the issue had only become prominent since recent changes in Federal
regulations. Council was advised that it would be difficult to make the proposed
structures comply with current Federal Emergency Management Agency standards,
and that issuing building permits would jeopardize the City's eligibility in the Flood
Insurance Program.
Public Hearing:
Notice having been given as required by law, Mayor Bland opened the Public Hearing
and the following persons responded:
(1) Jerry Harris, applicant, 31441 Avenida de la Vista, provided a history of
his attempt to receive approval for additional horses and barn
structures. He stated he had been led to believe that compliance with
Federal Emergency Management Agency standards could be worked out;
that the item had not been an issue two weeks ago. He stated that
within the last year previously -approved structures had been errected at
his stable and at an adjoining stable and he felt that nothing had
changed significantly since 1981 to warrant denial of the request.
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(2) David Hanson, 31171 Calle del Campo, spoke in support of the appeal.
(3) Ben Michalec, 26376 Oso Road, representing Capistrano Villas
Homeowners Association, spoke in opposition to the project.
There being no further response, Mayor Bland closed the Hearing with the right to
re -open at any time.
Council Discussion:
Councilman Friess stated support for granting the additional horses and accessory
buildings provided agreement could be reached for fair participation in flood control
improvements, and the conflict with Federal Emergency Management Agency
standards could be resolved. Councilman Hausdorfer concurred, and stressed
concern that the problems be worked out in an expeditious manner.
Approval of Additional Horses/Structures:
It was moved by Councilman Friess, seconded by Councilman Hausdorfer and
unanimously carried to approve the request for the 69 additional horses and the barn
structures, with the condition that the applicant enter into an agreement for flood
control improvements to Trabuco Creek along the west property line as
recommended by the hydrology study for Trabuco and Oso Creeks. Staff and the
City Attorney were directed to expedite resolution of the conflict with Federal
Emergency Management Agency regulations. With the concurrence of the second,
the motion was amended to include the recommendation that the one-year time
limit for obtaining building permits begin upon amendment to the FP -1 District and
Federal Emergency Management Agency maps.
The City .Attorney advised that a resolution setting forth the conditions of approval
would be presented at the April 5th Council meeting.
Moratorium:
Mayor Bland stated concerns that the Equestrian Study was to have resulted in
information regarding the maximum use and maximum horse density in the area for
use in future planning efforts. Since that data was not yet available, Council
concurred with his suggestion that a moratorium be placed on additional horses. The
item will be returned at a future meeting.
RECESS AND RECONVENE
Council recessed at 8:35 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 8:41 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. EASTERN SPHERE OF INFLUENCE (620.60)
Written Communications:
Report dated March 15, 1988, from the City Manager, recommending expansion of
the City's sphere of influence along the eastern City boundary to provide for
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continuity of development in the Ortega Valley. The report advised that
representatives of the Rancho :Mission Viejo did not oppose the expansion of the
sphere of influence.
Councilman Schwartze advised he would abstain from action on the matter and left
the Council Chamber. Exhibits were on display and the City Manager made an oral
report.
Request for Review of Sphere of Influence Expansion:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the
following Resolution be adopted:
RESOLUTION NO. 88-3-15-1. REOUESTING REVIEW OF
LI JI LRIY Jf IILRL VC 11YI LU LIYV" - n RCJVLV IIVIN VF 1111.:
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, REQUESTING THAT THE ORANGE COUNTY
LOCAL AGENCY FORMATION COMMISSION UPDATE THE
SAN JUAN CAPISTRANO SPHERE OF INFLUENCE BY
EXPANDING THE BOUNDARY NORTHEAST OF THE EXISTING
CITY LIMIT LINES
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
2. RECLASSIFICATION STUDY OF SELECT POSITIONS (700.20)
Written Communications:
Report dated March 15, 1988, from the Assistant City Manager, advising that five
positions were reviewed and analyzed over the past year. Based on input from a
consulting firm retained to conduct an impartial review of the positions, analysis of
internal organizational alignments and marketplace comparisons of duties, salary
and compensation, the following changes were recommended:
Deputy City Clerk - upgrade position to management classification; 7
percent salary increase;
Secretary to the City Manager - 121' percent salary increase;
Administrative Assistant - Rename position "Management Assistant;" no
salary increase.
Senior Administrative Assistant - Rename position "Senior Management
Assistant;" 741' percent salary increase; and,
Administrative Services Officer - Position is presently vacant. Position
to be deleted and refilled at Management Assistant level.
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Amending Classification and Compensation Plan:
It was moved by Councilman Hausdorfer, seconded by Councilman Friess that the
following Resolution be adopted:
RESOLUTION NO. 88-3-15-2. AMENDING RESOLU
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING RESOLUTION NO. 86-6-24-1, THE
CITY'S PERSONNEL CLASSIFICATION AND COMPENSATION
PLAN
The motion carried by the following vote:
AYES: Councilmen Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: Councilman Schwartze
Councilman Schwartze returned to the Council Chamber.
CITY CLERK
1. WESTSIDE ANNEXATION NO. 2 - PROTEST HEARING RESULTS (620.20)
Written Communications:
1 Report dated March 15, 1988, from the City Clerk, advising that a
protest hearing was held on February 9, to take public testimony and
continued to March 1, at which time the hearing was closed. The City
received protests amounting to 47% of registered voters residing within
the affected territory.
(2) Letter dated March 14, 1988, from Lisa Swails, No. 1 Burning Tree,
Laguna Niguel, 92677, regarding invalidation of her protest.
(3) Letter dated March 15, 1988, from Robert O Hill, One Upper Newport
Plaza, Newport Beach, 92660, regarding the invalidated protests. A
letter to the Registrar of Voters regarding the invalidated protests was
also included.
Exhibits were on display and the City Attorney advised that this was the time for _
the City Council to make a determination as to the value of protest; this was not a
public hearing item; consequently, it would be inappropriate to receive any new
testimony or new documentary evidence concerning the validity of the protest as the
protest hearing has been closed as of March 1, 1988. The only evidence that may
properly be considered is that which was received during the prior public hearings.
The Brown Act allows the public to speak to any subject during the course of a
public meeting; however, it is important to make clear that the evidentiary record
has closed as of March 1, 1988, and that no further evidence should be admitted into
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the record for purposes of making a determination as to the value of protest lodged
with the City as of March 1, 1988. Finally, it was noted that the public hearing
closed March 1, 1988, and may not be legally reopened at this time.
The City Clerk summarized the findings of the report and restated the reasons for
disqualifying 7 protests. She advised there were 38 voters in the area and 18 valid
protests had been received. She advised Council could either order an election or
terminate the proceedings.
Public Input:
1 Robert O. Hill, One Upper Newport Plaza, Newport Beach, stated that
findings cited to disqualify the protests of the Bangerter family, Janelle
Anderson, Lisa Swails and Nancy Smart were in error and stated his
findings in support of accepting the protests. He requested
reconsideration of the invalidated protests.
(2) Bernard Fallon, 8 Old Ranch Road, stated that he personally knew the
Bangerter family was living in the house at the time of their protest.
He stated that polls taken in the neighborhood indicated that a ma)ority
of residents wished to remain in Laguna Niguel.
(3) Robert Curry, attorney with the firm of Latham and Watkins, addressed
legal issues and cited Supreme Court cases and Government Code
sections in support of accepting the Bangerter family protests.
(4) Lee Bangerter, 31645 Peppertree Bend, presented copies of bills as
proof that the family was living on the premises.
(5) Nancy Christensen, P. O. Box 7082, Laguna Niguel, declined to speak
without an official resolution stating it would not be a violation of her
pre -annexation agreement.
The City Attorney stated that the Registrar of Voters' invalidation of the
Bangerter affidavits was the evidence to be considered by Council and
reiterated that the public hearing and time for submittal of information had
been closed on March 1st. The City Clerk advised that the Nancy Smart
protest had been invalidated because contact with the Registrar of Voters on
March 2nd had indicated that the affidavit was not on file. The City
Attorney advised that with respect to the Lisa Swails protest, the courts were
stringent on invalidating protests lacking dates.
Matter Set for Election (Withdrawn):
Discussion ensued and there was general concurrence that an election was the
fairest way to resolve the situation. It was moved by Councilman Schwartze,
seconded by Councilman Hausdorfer to set the matter for election on
November 8, 1988. The motion was subsequently withdrawn.
Additional Public Input:
l Dennis Christensen, property owner, requested that his comments not
be construed as opposition. He stated that the community should not be
torn apart and the issue should be resolved in a fair manner and in good
faith. He stated that the City Attorney had not adequately advised
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Council and it was the duty of the conducting authority to take up to 30
days to determine the value of protests. Therefore, testimony
presented at this meeting was legally admissible.
(2) Randy Knapp, 1 Riverstone, stated support for the annexation and
setting the matter for election.
(3) Bob Hill, stated that recent conversations with the Registrar of Voters
indicated that their position was that the affidavits in question were
valid.
In response to Mayor Bland, the City Attorney stated that the full 30 days
could be used to validate evidence. The Mayor clarified that information
presented after the closed of the March 1st public hearing would not be
considered.
Decision Scheduled for March 29:
It was moved by Councilman Hausdorfer, seconded by Councilman Schwartze
and unanimously carried to investigate the validity of the voter registrations
in question and to determine the position of the Registrar of Voters. A
decision will be made at an adjourned meeting scheduled for March 29th at
7:00 p.m., in the City Council Chamber.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. HISTORIC DEPICTION PROGRAM (FRANCISCAN PLAZA) (610.30)
Written Communications:
Report dated March 15, 1988, from the Director of Community Planning and
Development, recommending approval of an "early Mission scene" proposed to
meet the requirements of the Historic Depiction Program for the Franciscan
Plaza.
Approval of Historic Depiction Program:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer
and unanimously carried to approve the Historic Depiction fresco at the
Franciscan Plaza subject to the following conditions:
(1) A nameplate shall be prepared which labels the fresco "Spanish Period
After 1813."
(2) The historic depiction artwork shall be completed in a manner to assure
its permanency.
(3) Final design and color are to be considered by the Planning Commission
prior to painting the fresco on the building.
ORDINANCES
AMENDMENT TO TIT
Written Communications:
Report dated March 15, 1988, from the City Clerk, advising that the Ordinance was
introduced at the meeting of March 1, 1988, and was scheduled for adoption.
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Adoption of Ordinance:
The City Attorney read the title of the Ordinance neat in order. Further reading of
all Ordinances had been waived earlier in the meeting.- It was moved by Councilman
Schwartze, seconded by Councilman Hausdorfer that the following Ordinance be
adopted:
W
W
CALIFORNIA, AMENDING SECTION 9-3.607(e)(2) OF THE
MUNICIPAL CODE RELATING TO GRADING FOR TENNIS
COURT DEVELOPMENT
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
1.
Written Communications:
Report dated March 15, 1988, from the Senior Administrative Assistant, forwarding
the letter of resignation.
Acceptance of Resignation/Declaration of Vacancy:
It was moved by Councilman Schwartze, seconded by Councilman Hausdorfer and
unanimously carried to accept the resignation of Edwin Dailey from his position as
Alternate Committee Member on the Mobile Home Park Review Committee, and to
declare the position vacant. Staff was directed to prepare appropriate documents to
commend Mr. Dailey for his community service. The City Clerk was directed to
post notices of the vacancy and to advertise for applications for the position.
COUNCIL REMARKS
1. HERITAGE FESTIVAL -COMMUNITY FAIR (150.60)
Councilman Friess commended staff and volunteers for a successful event.
2. CHAMBER/CITY SOFTBALL GAME (130.30)
Councilman Friess noted that the City won the annual Chamber/City softball game.
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3. CAMINO CAPISTRANO STREET CONDITIONS (820.20)
Councilman Friess noted that potholes were developing on Camino Capistrano just
south of the Camino Capistrano Bridge. He cited the need to mark the pavement in
the vicinity of the carwash on Camino Capistrano to warn of a change in pavement
width.
4. SIGNS (410.40)
Councilman Friess requested staff review the legality of signs at Doheny Park Road
advertising the self -storage business and noting advertising units for rent at Villa del
Obispo.
5. COUNTY -WIDE ANTI-DRUG PROGRAM (585.20)
Councilman Hausdorfer advised that the League of California Cities was working
with Sheriff Brad Gates to develop a County -Wide Anti -Drug Program. A Resolution
of support will be prepared for a future agenda.
6. PARKING AT THE MULTI -MODAL FACILITY (570.20)
Councilman Buchheim requested consideration of a change in the two-hour parking
limit at the Multi -Modal facility.
7. USED CARS FOR SALE (570.30)
Councilman Buchheim suggested discretion be used in ticketing cars with for sale
signs sitting in front of an owner's residence. Mayor Bland noted the parking of used
cars for sale at the El Adobe Plaza and requested enforcement of parking
regulations.
8. AD HOC COMMITTEE -PLANNING COMMISSION INTERVIEWS (110.20)
Councilman Schwartze and Mayor Bland will interview applicants for the Planning
Commission vacancy.
CLOSED SESSION
Council recessed to a Closed Session at 10:10 p.m., for discussion of acquisition of the El
Horno Kiln and litigation involving M. J. versus the City. The City Clerk was excused
therefrom, and the meeting reconvened at 10:38 p.m.
COUNCIL ACTIONS
ACQUISITION OF EL HORNO KILN (670.20)
It was moved by Councilman Schwartze, seconded by Councilman Friess and
unanimously carried to accept the appraisal of the El Horno Kiln property and to
authorize the City Manager to negotiate for the property.
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ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:38
p.m., to the next meeting date of Tuesday, March 29, 1988, at 7:00 p.m., in the City
Council Chamber.
Respectfully submitted,
CITY
is%�
MARY ANN NOVER; C[ Y CLERK
ATTEST:
ANTHONY LtqLAND, MAYO
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