88-0405_CC_Minutes_Regular Meeting143
APRIL 5, 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 7:03 p.m., in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by Mirian Nelson,
Secretary - Bahai Faith/Local Spiritual Assembly.
ROLL CALL PRESENT: Anthony L. Bland, Mayor
Lawrence F. Buchheim, Mayor pro tem
Kenneth E. Friess, Councilman
Phillip R. Schwartze, Councilman
ABSENT: Gary L. Hausdorfer, Councilman
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 15, 1988:
It was moved by Councilman Friess, seconded by Councilman Buchheim, that the Minutes
of the Regular Meeting of March 15, 1988, be approved as submitted. The motion carried
by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor Bland
NOES: None
ABSENT: Councilman Hausdorfer
Adjourned Regular Meeting of March 29, 1988:
It was moved by Councilman Buchheim, seconded by Mayor Bland, that the Minutes of
the Adjourned Regular Meeting of March 29, 1988, be approved with a correction to Page
2 to note that Councilman Schwartze abstained from the vote. The motion carried by
the following vote:
AYES: Councilmen Schwartze, Buchheim, and Mayor Bland
NOES: None
ABSTAIN: Councilman Friess
ABSENT: Councilman Hausdorfer
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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,
and Mayor Bland
NOES: None
ABSENT: None
PRESENTATIONS AND COMMENDATIONS
1. RESOLUTION OF COMMENDATION FOR FAYETTE E. BIRTCHER -
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Written Communications:
Report dated April 5, 1988, from the City Manager, advising that Mr. Fayette E.
Birtcher was recently honored by the Orange County Chapter of Retinitis
Pigmentosa International as the 1988 "Man of Vision" for his work in helping others
afflicted with retinitis pigmentosa. The report forwarded a resolution recognizing
Mr. Birtcher for his contributions through the Orange County Chapter of Retinitis
Pigmentosa International and for his active involvement in San Juan Capistrano
throughout his lifetime.
Presentation of Commendation:
Mayor Bland read the commendation in full and with the consensus of Council
presented the commendation to Mr. Birtcher.
2. CERTIFICATE OF RECOGNITION HONORING ED DAILEY
Written Communications:
Report dated April 5, 1988, from the Senior Management Assistant, forwarding the
Certificate of Recognition honoring Mr. Dailey for his four years of service on the
Mobilehome Park Review Committee.
Presentation of Certificate:
Mayor Bland read the Certificate in full and with the consensus of Council presented
the certificate to Mr. Dailey.
3. CERTIFICATE OF RECOGNITION HONORING DEN
Written Communications:
Report dated April 5, 1988, from the Senior Management Assistant, forwarding the
Certificate of Recognition honoring Mr. Hill for his two years of service on the
Mobilehome Park Review Committee.
Presentation of Certificate:
With the consensus of Council, Mayor Bland directed that the certificate be
forwarded to Mr. Hill.
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4.
WEEK OF APRIL 4 THROUGH 10. 1
145
Written Communications:
Report dated April 5, 1988, from the City Clerk, forwarding the Proclamation
pursuant to a request from the Knights of Columbus Orange County Chapter
Charities, Inc.
Presentation of Proclamation:
Mayor Bland read the Proclamation in full and with the consensus of Council
proclaimed the week of April 4 through April 10, 1988, as the "Week of the
Disabled." Gregg Doan, Deputy Grand Knight of the San Juan Capistrano Council of
the Knights of Columbus, was present to accept the Proclamation.
5. PROCLAMATION DESIGNATING THE WEEK OF APRIL 10 THROUGH 16 1988
AS "BUILDING SAFETY WEEK" 610.40
Written Communications:
Report dated April 5, 1988, from the Director of Community Planning and
Development, forwarding the Proclamation.
Presentation of Proclamation:
Mayor Bland read the Proclamation in full and with the consensus of Council
proclaimed the week of April 10 through April 16, 1988, as "Building Safety Week."
Mark Gibson, Development Services Administrator, was present to accept the
Proclamation.
6. PROCLAMATION DESIGNATING THE MONTH OF APRIL. 1988. AS
Written Communications:
Report dated April 5, 1988, from the Director of Public Works, forwarding the
Proclamation.
Presentation of Proclamation:
With the consensus of Council, Mayor Bland proclaimed the month of April, 1988, as
Earthquake Preparedness Month.
COMMENDATION OF SHERIFF'S DEPARTMENT
Mayor Bland expressed appreciation to the Sheriff's Department Deputies and
Volunteers for their work at the various events during the City's recent Heritage
Festival.
ORAL COMMUNICATIONS
PRESERVATION OF ARCHAEOLOGICAL REMAINS (910.50)
Robert Frazier, 1212 North Ross Street, Santa Ana, 92701, stated concerns
regarding development on culturally significant areas in the vicinity of the Mission.
He requested that development of any site within one-half mile of the mission be
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halted for a period of 90 days and that Council set a time for a four-hour meeting
for interested persons to present archaeological depositions and recommendations
for development.
2. RELOCATION ASSISTANCE
Han Chua, operator of the Ortega Highway Chevron, expressed appreciation for
relocation assistance given him in his recent move from the Texaco station on
Ortega Highway to the Chevron station.
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, Friess, Buchheim
and Mayor Bland
NOES: None
ABSENT: Councilman Hausdorfer
APPROVAL OF WARRANTS (300.30)
The Lists of Demands dated March 10, 1988, Warrant Nos. 6,809, 6,810, 6,903-7,068,
and 7,073-7,076, in the total amount of $29,366.49, and dated March 24, 1988,
Warrant Nos. 7,072, and 7,077-7,365, in the total amount of $487,375.96, were
approved as submitted.
2. CITY TREASURER'S REPORT OF CASH FUND BALANCES (330.50)
The City Treasurer's Report of Cash Fund Balances as of February 29, 1988, in the
total amount of $158,526.92, was approved as submitted.
3. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60
The Report dated April 5, 1988, from the Director of Community Planning and
Development, regarding actions taken at the meeting of March 16, 1988, was
ordered received and filed.
4. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60)
The Report dated April 5, 1988, from the Secretary of the Cultural Arts and
Heritage Commission, regarding actions taken at the meeting of March 22, 1988,
was ordered received and filed.
5. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40)
The Report dated April 5, 1988, from the Secretary of the Equestrian Commission,
regarding actions taken at the meeting of March 14, 1988, was ordered received and
filed.
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6. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated April 5, 1988, from the Secretary of the Parks and Recreation
Commission, regarding actions taken at the meeting of March 21, 1988, was ordered
received and filed.
7. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Report dated April 5, 1988, from the Secretary of the Planning Commission
regarding actions taken at the meeting of March 22, 1988, was ordered received and
filed.
8. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
The Report dated April 5, 1988, from the Secretary of the Traffic and
Transportation Commission regarding actions taken at the meetings of March 9, and
March 23, 1988, was ordered received and filed.
9. DENIAL OF CLAIM (FRED McCUISTION) (170.70)
The Claim received by the City on March 3, 1988, from Fred R. McCuistion, in the
amount of $57,815.60, for personal injuries, was denied, as set forth in the Report
dated April 5, 1988, from the City Attorney.
10. DENIAL OF CLAIM (BENJAMIN WRIGHT) (170.70)
The Claim received by the City on March 10, 1988, from Attorney Wallace R. Davis
on behalf of Benjamin D. Wright, in the amount of $1,000,000, for personal injuries
and property damage, was denied, as set forth in the Report dated April 5, 1988,
from the City Attorney.
11. DENIAL OF CLAIM (KAREN FILGER) (170.70)
The Claim received by the City on March 7, 1988, from Attorney Myron R. Fisher,
on behalf of Karen Filger, in the amount of $25,000, for personnel injuries, was
denied, as set forth in the Report dated April 5, 1988, from the City Attorney.
12. REPLACEMENT OF TWO PICK UP TRUCKS - APPROVAL OF
SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS (370.30)
As set forth in the Report dated April 5, 1988, from the Director of Public Works,
specifications for one mid-size four-wheel drive utility vehicle and one !-ton four-
wheel drive pick up, were approved. Funds were budgeted in the Internal Service
Fund Account No. 16-6313-4440. The cost for the two vehicles was estimated at
$25,000. Staff was authorized to call for bids.
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PUBLIC HEARINGS
TENTATIVE PARCEL MAP 87-476 - A REOUEST TO
OF
Proposal:
Consideration of a request to combine five parcels totaling approximately 10 acres
into one parcel to accommodate the approved plans for the Capistrano Business
Center, Architectural Control 87-9. The property is located at the westerly
terminus of Paseo Espada, south of the Best Western Inn and Denny's and is within
Planning Sector B of the Ortega Planned Community. The site is presently vacant.
Surrounding uses include the 1-5 Freeway to the west, a service station, restaurant,
and motel to the north, and vacant property to the south and east. The proposed
parcel map is consistent with the provisions of Specific Development Plan 78-1.
Applicant:
Dr. Fred M. Seligman, Capistrano Enterprises, 2100 Howell Avenue, Suite 109,
Anaheim, 92807.
Written Communications:
Report dated April 5, 1988, forwarding the Planning Commission recommendation of
approval.
Exhibits were on display and the City Planner made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Bland opened the Public Hearing
and, there being no response, closed the Hearing with the right to re -open at any
time.
Approval of Tentative Parcel Map 87-476:
It was moved by Councilman Buchheim, seconded by Councilman Schwartze that the
following Resolution be adopted:
UTION NO. 88-4-5-1. APPROVING TENTATIVE PARCEL
V 1LJV MV /rnJ". LJrn"lj - n RLJVLV AVIV Vi 1111.: L.11 I
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 87-476
(CAPISTRANO ENTERPRISES/SELIGMAN) (RANCHO VIEJO
ROAD/PASEO ESPADA)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
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Proposal:
Consideration of a request to close Del Obispo Street from Camino Capistrano to
Ortega Highway for a 60 -day period between June and October, 1988, for
construction of the Del Obispo Street Storm Drain. Construction would take place
between 9:00 p.m., and 6:00 a.m., to minimize traffic disruption.
Applicant:
This was a City -initiated public hearing.
Written Communications:
Report dated April 5, 1988, from the Director of Public Works, advising that the
Board of Directors of the Community Redevelopment Agency would be requested to
approve the plans and specifications for the proposed construction. The report noted
that at the present time it was not possible to give precise construction dates.
Public Hearing:
Notice having been given as required by law, Mayor Bland opened the Public Hearing
and, there being no response, closed the Hearing with the right to re -open at any
time.
Approval of Street Closures:
It was moved by Councilman Schwartze, seconded by Councilman Friess and
unanimously carried to approve the temporary street closure of Del Obispo Street
from Camino Capistrano to Ortega Highway between the hours of 9:00 p.m., and
6:00 a.m., to permit construction of the Del Obispo Street Storm Drain from Camino
Capistrano to the future Forster Lane. Construction during daylight hours will be
minimal.
RECESS AND RECONVENE
Council recessed at 7:37 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 8:22 p.m.
ADMINISTRATIVE ITEMS
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. HARRIS/RANCHO SIERRA VISTA STABLES - RESOLUTION OF APPROVAL
Written Communications:
Report dated April 5, 1988, from the Director of Community Planning and
Development, advising that the appeal of conditions of approval for the modification
to Conditional Use Permit 81-5 had been approved on March 15, 1988, to allow an
additional 69 horses and barn structures. The Resolution was consistent with
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Council direction regarding improvements to Trabuco Creek and design standards for
structures within the floodway, and included a condition providing for a flexible one-
year time limit for obtaining building permits.
Jerry Harris, 31441 Avenida de la Vista, stated concurrence on all conditions with
the exception of Condition 11, which required submittal of landscape plans to the
Planning Commission for review. He requested that the condition be amended to
reflect the original condition set in 1981 to submit final landscape plans to the
Director of Community Planning and Development for review and approval.
Approval of Modifications to Conditional Use Permit 81-5:
It was moved by Councilman Friess, seconded by Councilman Buchheim that the
following Resolution be adopted with an amendment to Condition 11 to reflect
submittal of final landscape plans to the Director of Community Planning and
Development for review and approval:
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING MODIFICATIONS TO
CONDITIONAL USE PERMIT 81-5 (HARRIS) FOR AN
ADDITIONAL 69 HORSES FOR A MAXIMUM OF 365 HORSES,
RELATED BARN STRUCTURES, AND ACCESSORY
STRUCTURES
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Hausdorfer, and Mayor Bland
NOES: None
ABSENT: None
2. PROPOSED GYMNASIUM AT ST. MARGARET'S SCHOOL ARCHITECTURAL
CONTROL 87-16, CLARIFICATION OF PARKING RECOMMENDATION 410.60)
Written Communications:
Report dated April 5, 1988, from the Director of Community Planning and
Development, clarifying the Planning Commission's modification of the Traffic and
Transportation Commission recommendation by placing the following conditions
related to parking:
(1) Parking - A total of 245 parking spaces shall be provided for gymnasium
parking. A letter agreement shall be executed between the applicant
and the Church of the Nazarene allowing joint use of this facility in
order to provide a minimum of 245 parking spaces.
(2) Special Events - All special events to be held in the gymnasium shall be
scheduled after 4:00 p.m. Special events shall not be held concurrently
in the gymnasium, parish hall or sanctuary.
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The report advised that staff felt the intent of the Traffic and Transportation
Commission's recommendation was being fulfilled by the Planning Commission
action.
Joseph Samperi, member of the Traffic and Transportation Commission, reiterated
the Commission's concerns and advised that the Commission had requested that St.
Margaret's provide a long-range parking plan, which had not been done. He stated
that St. Margaret's and the Church of the Nazarene were growing entities and shared
parking was not a long-term solution to the parking problems in the area.
Council concurred that a proposed solution for parking in the long-term was critical
and there was a consensus to direct that a letter be prepared for the Mayor's
signature requesting a long-term parking plan and advising that Council would not be
interested in seeing any additional expansions until a master plan for the property
had been received.
With the consensus of Council, Mayor Bland ordered the report received and filed.
DIRECTOR OF PUBLIC WORKS
RESOLUTION/APPLICATION FOR ORANGE COUNTY UNIFIED
TRANSPORTATION TRUST FUNDS - CAMINO CAPISTRANO ASPHA
Written Communications:
Report dated April 5, 1988, from the Director of Public Works, recommending that
the City apply for $168,500 in Orange County Unified Transportation Trust funds for
the rehabilitation of Camino Capistrano from the south City limits to 2,200 feet
south of San Juan Creek Road in the vicinity of the Car Wash. The report advised
that the program requires at 50% match with local funds.
Approval of Application:
It was moved by Councilman Schvartze, seconded by Councilman Buchheim that the
following Resolution be adopted:
RESOLUTION NO. 88-4-5-3, ORANGE COUNTY UNIFIED
TP ANCPCIPTATTC1N TRACT PI INJn PPnIP(T V IRAArTTAT -
R Vlly l� W 1 J111 - !l RLJVLU 1 I IN VIl I I" U1 1 I.VUINl L1
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
REQUESTING THE ORANGE COUNTY TRANSPORTATION
COMMISSION TO INCLUDE WITHIN THE STREETS .AND ROADS
COMPONENT OF THE ORANGE COUNTY UNIFIED
TRANSPORTATION TRUST FUND PROGRAM THE
REHABILITATION OF CAMINO CAPISTRANO FROM THE
SOUTH CITY LIMITS TO 2,200 FEET SOUTH OF SAN JUAN
CREEK ROAD (CAR WASH)
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2.
3.
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor Bland
NOES: None
ABSENT: Councilman Hausdorfer
The City Clerk was directed to forward two certified copies of the Resolution to the
Orange County Transportation Commission.
TRANO ASPHALT CONCRETE OVERLAY. I-5 RAMPS
Written Communications:
Report dated April 5, 1988, from the Director of Public Works, requesting approval
of plans and specifications for the asphalt concrete overlay of Camino Capistrano
from the I-5 Ramps at San Juan Creek Road to 1,700 feet south (car wash). The
1988-89 Capital Improvement Project Budget included $281,000 for the
rehabilitation work. Staff requested a budget amendment to allocate $80,000 to this
project in the current fiscal year.
Approval of Plans, Specifications and Call for Bids:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to approve the plans and specifications for the asphalt concrete
overlay of Camino Capistrano from the I-5 freeway ramps at San Juan Creek Road
to 1,700 feet south (car wash) and to authorize a budget amendment of $80,000 from
the 1988-89 Capital Improvement Project Budget. Staff was authorized to call for
bids.
Written Communications:
Report dated April 5, 1988, from the Director of Public Works, forwarding an
ordinance which will update regulations pertaining to emergency organization and
functions within the City.
Approval of Amendment:
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 Friess that the following Ordinance be
introduced:
AMENDING CHAPTER 1, "CIVIL DEFENSE"
"PUBLIC SAFETY" OF THE MUNICIPAL CODE
PREPAREDNESS
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CALIFORNIA,
OF TITLE 4,
(EMERGENCY
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
and Mayor Bland
NOES: None
ABSENT: Councilman Hausdorfer
4. JOINT EXERCISE OF POWERS AGREEMENT CREATING THE
CAPISTRANO VALLEY WASTEWATER AUTHORITY 600.50
Written Communications:
Report dated April 5, 1988, from the Director of Public Works, forwarding a joint
powers agreement setting forth the financial, legal, and administrative authority of
the City and the Capistrano Beach Sanitary District in the creation of the
Capistrano Valley Wastewater Authority to operate a joint facility at the northern
boundary of Capistrano Beach. The City's share of the treatment plant project
construction was estimated at $12,000,000. The report requested an initial
allocation of $50,000 for the start up of the Authority.
Creation of Capistrano Valley Wastewater Authority and Appointment
..F r\{_... -s..--.
It was moved by Councilman Buchheim, seconded by Councilman Schwartze and
unanimously carried to approve the Joint Exercise of Powers Agreement creating
the Capistrano Valley Wastewater Authority and to authorize the allocation of
$50,000 from the Sewer Enterprise Fund for Authority operations. Mayor Bland and
Councilman Buchheim were appointed as Directors to the Authority, and the City
Manager and the Director of Public Works were appointed as Alternate Directors to
represent the City.
5. AWARD OF
API
Written Communications:
Report dated April 5, 1988, from the Director of Public Works, forwarding results of
bids received for the Camino Capistrano Bridge Landscaping Project. The report
recommended award of the contract to the low responsible bidder, Tracy and Haigh
Landscaping, Inc. The report advised that the project will be funded from the
Systems Development Tax; however, there are currently no grant funds available. A
budget transfer was requested.
Award of Contract:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to award the contract for the Camino Capistrano Bridge
Landscaping Project to the low responsible bidder, Tracy and Haigh Landscaping,
Inc., of Rancho Santa Margarita, in the amount of $73,900. All other bids were
rejected. The Mayor and City Clerk were authorized to execute the document on
behalf of the City. A budget transfer in the amount of $103,000 from the Camino
Capistrano Rehabilitation - Oso to Acjachema Project to the Camino Capistrano
Bridge Landscaping Project was authorized.
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11
Written Communications:
Report dated April 5, 1988, from the Director of Public Works, requesting a budget
adjustment in order to acquire right-of-way from San Diego Gas and Electric for the
extension of San Juan Creek Road to the Rancho San Juan project. The easement
will cost the City $19,458; an additional $2,000 was requested to cover appraisal and
transfer costs.
Approval of Budget Adjustment/Payment:
It was moved by Councilman Buchheim, seconded by Councilman Friess and carried
with Councilman Hausdorfer absent and Councilman Schwartze abstaining, to
authorize the budget adjustment in the amount of $21,500 and to approve payment
to San Diego Gas and Electric in the amount of $19,458.
7. PREPARATION OF STORM DRAIN F
Written Communications:
Report dated April 5, 1988, from the Director of Public Works, requesting approval
of an agreement with IWA Engineers for preparation of the City's Storm Drain
Facility Master Plan. Cost for the consultant services is in an amount not to exceed
$19,200. Funds were budgeted in Account No. 12-6900-4705-129; a transfer of
$7,000 from the Drainage Fund Reserve was requested to cover the contract and
administrative costs.
Approval of Agreement/Transfer of Funds:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to approve the transfer of $7,000 from the Drainage Fund
Reserve and to approve the Consulting Services Agreement for Preparation of the
Storm Drain Facility Master Plan. The Mayor and City Clerk were authorized to
execute the contract on behalf of the City.
COUNCIL REMARKS
SOLO FLIGHT BY TONY ALIENGENA (610.40)
Councilman Friess noted the accomplishments by 9 -year-old Tony Aliengena and
requested that a commendation be prepared.
2. PARKING OF VEHICLES FOR SALE
Councilman Buchheim requested that sensitivity be used in issuing citations.
3. ANNUAL OAKS CLASSIC EQUESTRIAN EVENT (930.40)
Mayor Bland advised he had met with Joan Irvine Smith and noted that the annual
event was scheduled for June.
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CLOSED SESSION
Council recessed to a Closed Session at 8:55 p.m., for discussion of pending litigation
pursuant to Government Code Section 64966.1(bxl), the City Clerk being excused
therefrom, and reconvened at 9:27 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:27
p.m., to the next regular meeting date of Tuesday, April 19, 1988, at 7:00 p.m., in the
City Council Chamber.
Respectfully submitted,
A Y ANNANZOVEW, CITY CLERK
ATTEST:
ANTHONY LAND, MAY
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