88-1101_CC_Minutes_Regular Meeting331-
NOVEMBER 1, 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 Hausdorfer at 7:02 p.m., in the City Council Chamber,
followed by the Pledge of Allegiance to the Flag. Invocation was given by Pastor Jim
Glynn, Ocean Hills Community Church.
ROLL CALL PRESENT: Gary L. Hausdorfer, Mayor
Lawrence F. Buchheim, Mayor pro tem
Anthony L. Bland, Councilman
Kenneth E. Friess, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Robert G. Boone, Director of
Administrative Services; William D. Murphy, Director of Public Works; Tom Tomlinson,
City Planner; Thomas L. Baker, Director of Community Services; Cheryl Johnson, Deputy
City Clerk/Recording Secretary.
MINUTES
Regular Meeting of October4, 1988:
It was moved by Councilman Buchheim, seconded by Councilman Schwartze, that the
Minutes of the Regular Meeting of October 4, 1988, be approved as submitted. The
motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
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,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
340✓"1
ORAL COMMUNICATIONS
SOLAG RELOCATION (410.50)
David Chorak, 31720 Los Rios Street, expressed concern that the Solag operation is
still located on Los Rios Street and that the use is expanding and intensifying.
Mayor Hausdorfer advised that meetings had been held with Supervisor Riley
regarding relocation of the use and that City officials would prefer to see the use
relocate to the southern portion of the City or to the dump area. He stated that
everything possible was being done to accomplish the move. In response to Mr.
Chorak's statement that although the use was a legal non -conforming use,
intensifying and expanding the use was illegal. Mayor Hausdorfer stated that staff
would investigate the legal findings with regard to expanding the use and contact
Mr. Chorak.
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
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
APPROVAL OF WARRANTS (300.30)
The Lists of Demands dated October 6, 1988, in the total amount of $3,399,739.51,
and dated October 20, 1988, in the total amount of $439,765.71, were approved as
submitted.
2. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60)
The Report dated November 1, 1988, from the Secretary of the Architectural Board
of Review, regarding actions taken at the meeting of October 19, 1988, was ordered
received and filed.
3. REPORT OF CULTURAL ARTS AND HERITAGE COMMISSION ACTIONS (910.60)
The Report dated November 1, 1988, from the Secretary of the Cultural Arts and _
Heritage Commission, regarding actions taken at the meeting of September 27,
1988, was ordered received and filed.
4. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (920.20)
The Report dated November 1, 1988, from the Secretary of the Parks and
Recreation Commission, regarding actions taken at the meeting of October 17, 1988,
was ordered received and filed.
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5. REPORT OF PLANNING COMMISSION ACTIONS (440.40)
The Reports dated November 1, 1988, from the Secretary of the Planning
Commission, regarding actions taken at the meetings of October 11 and October 25,
1988, were ordered received and filed.
6. REPORT OF TRAFFIC AND TRANSPORTATION COMMISSION ACTIONS (590.20)
The Report dated November 1, 1988, from the Secretary of the Traffic and
Transportation Commission, regarding actions taken at the meetings of
September 14 and September 28, 1988, was ordered received and filed.
7. COMPLETION OF CAMINO CAPISTRANO ASPHALT CONCRETE OVERLAY,
As set forth in the report dated November 1, 1988, from the Director of Public
Works, the construction of the Camino Capistrano Asphalt Concrete Overlay from
Junipero Serra Road to Trabuco Creek Bridge was completed.
Acceptance of Work:
The following Resolution was adopted:
I MnDV\.V \.RGGh DRIUVG \JV LL I-m1LLG1\) - A RGJVLVII\AV
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 CAMINO CAPISTRANO AC OVERLAY,
JUNIPERO SERRA ROAD TO TRABUCO CREEK BRIDGE
The Resolution accepted the work as complete in the amount of $49,149.84, 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
$4,914.98, 35 days after recording the Notice of Completion.
8. 1988 WEED ABATEMENT -
As set forth in the report dated November 1, 1988, from the Director of Public
Works, the 1988 Weed Abatement Program was complete.
Acceptance of Work:
The following Resolution was adopted:
/ 0tH GMGIN 1 rmVum lm µ. nMUIVGI\ 11\!1\..1 VR/ - n RGJVLV I1\JIN
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE 1988
WEED ABATEMENT PROGRAM (GARDNER TRACTOR)
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The Resolution accepted the work as complete in the amount of $30,434.67, 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 _
$3,093.46, 35 days after recording the Notice of Completion.
9. DANCE HALL EXPANSION - SELECTION OF A
10.
12.
As set forth in the report dated November 1, 1988, from the Director of Public
Works, the contract to provide architectural services for the Dance Hall expansion
as awarded to William Cook Associates of Mission Viejo, in the amount of $9,700.
The provision of insurance coverage by sub -consultants was approved. The Mayor
and City Clerk were authorized to execute the agreement on behalf of the City.
As set forth in the report dated November 1, 1988, from the Director of Public
Works, the contract to provide landscape architect services for improvement of
existing playfields at Cook Park and to upgrade the facilities at Descanso Park was
awarded to Land Concern of Santa Ana, in an amount not to exceed $17,076. The
Mayor and City Clerk were authorized to execute the agreement on behalf of the
City.
As set forth in the report dated November 1, 1988, from the Director of Public
Works, the plans and specifications were approved for the construction of a
connecting link on the Trabuco Creek Bikeway between Camino Capistrano and
Rancho Viejo Road using the levee of the Trabuco Creek flood control channel.
Funds in the amount of $SO,000 were budgeted in the 1988-89 fiscal budget. Staff
was authorized to call for bids.
-TRACT
As set forth in the report dated November 1, 1988, from the Director of Public
Works, the excess width of the equestrian/hiking trail which extends along the rear
of lots 50 and 51 in the Stoneridge development, was quitclaimed to John Clifton, _
Lot 50 and John Lloyd, Lot 51. The Mayor and City Clerk were authorized to
execute the deeds for recording.
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006
PUBLIC HEARINGS
Due to a conflict of interest, Councilman Friess left the Chamber.
Proposal
Consideration of a one -lot condominium subdivision and associated site development
plans for the Marbella Villas, located on Lot 223 of Tract 12954. The site is 8.893
acres in area and is in the Planned Community zoning. Surrounding uses include the
Marbella Country Club and fairways #5 and #9.
Applicant:
Marbella Development Company, 33971 Selva Road, Suite 130, Laguna Niguel,
92677.
Written Communications:
Report dated November 1, 1988, from the Director of Community Planning and
Development, forwarding the Planning Commission recommendation of approval of
the proposal.
Exhibits were on display and Tom Tomlinson made an oral presentation.
Public_Hearin:
Notice having been given as required by law, Mayor Hausdorfer opened the Public
Hearing and the following person responded:
(l) Paul Barton, Vice President of Fairway Land Company, spoke in support
of the project.
There being no further response, Mayor Hausdorfer closed the Hearing with the right
to re -open at any time.
Approval of Tentative Tract Map:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the
following Resolution be adopted:
IJL YLLVCIYILI\! 1.VlYl�lll\1/ - !l I "L UIIVI\ VI IIIL. 1.111
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP 13532 AND
CONFIRMING PLANNING COMMISSION APPROVAL OF
MARBELLA VILLAS SITE DEVELOPMENT PLAN (MARBELLA
DEVELOPMENT COMPANY
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1111188
The motion carried by the following vote:
AYES: Councilmen Schwartze, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: Councilman Friess
Councilman Friess returned to the Chamber and resumed his duties.
2.
Proposal:
Consideration of a request to divide two parcels totaling 5.6 acres into seven parcels
ranging in size from 1.4 acres to .5 acres on property located at 32322 Paseo
Adelanto. Surrounding uses include City Hall to the south, Trabuco Creek Channel
to the west, an equipment rental firm to the north, and the AT&SF railroad tracks
and Plaza Del Rio commercial center to the east. The applicant proposed an
industrial park for the site, which was approved by the Planning Commission under
Architectural Control 88-6. The property is presently zoned MG (General
Industrial). The applicant will be required to participate in the following public
improvement projects: The Railroad Pre-Emption on Del Obispo Street between
Alipaz Street and Camino Capistrano; the Del Obispo Street pedestrian bridge at
Trabuco Creek; and, the Paseo Adelanto widening from the Post Office area to Del
Obispo Street.
Applicant:
G. Richard Spaulding, 31611 Sacarama Lane, San Juan Capistrano, 92675.
Written Communications:
Report dated November 1, 1982s, from the Director of Community Planning and
Development, forwarding the Planning Commission recommendation of approval.
Exhibits were on display and Tom Tomlinson made an oral report. He advised that
the Planning Commission had expressed concern with potential uses and directed
staff to initiate the process to rezone the area to Industrial Park rather than leaving
it in the General Industrial zone. Councilman Friess expressed concern regarding
traffic circulation on Paseo Adelanto and suggested review of possible internal
circulation patterns.
Public Hearing:
Notice having been given as required by law, Mayor Hausdorfer opened the Public
Hearing and the following person responded:
(1) Dick Spaulding, applicant, spoke in support of the project.
Approval of Vesting Tentative Parcel Map:
It was moved by Councilman Buchheim, seconded by Councilman Schwartze that the
following Resolution be adopted:
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11-1-4
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING
VESTING TENTATIVE PARCEL MAP 88-227 (SPAULDING)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 7:30 p.m., to convene the San Juan Capistrano Community
Redevelopment Agency, and reconvened at 7:38 p.m.
ADMINISTRATIVE ITEMS
CITY MANAGER
1.
Written Communications:
Report dated November 1, 1988, from the Senior Management Assistant, advising
that the Chambers Group has been selected to perform preliminary archaeological
work and to provide the necessary resource documentation for submittal of a grant
application to the State of California. The cost for the preliminary work was
$8,100. The report further advised that the residential structure on the property
needed fumigation and termite control, basic repair of the exterior rock steps,
replacement of the driveway and certain interior repair and replacement. The cost
of the repair work was estimated at $8,300.
Jennifer Williams advised that the Chambers Group had encountered difficulties
with soil compaction and the depth of the kiln and had requested an additional
$2,000. She further advised that an additional $300 was necessary to fund Native
American monitoring services. She requested that the amount for archaeological
services be amended to $10,400.
Authorization to Transfer Funds:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to authorize the transfer of $8,300 from the General Fund
Reserve to the Restricted Maintenance Account (01-6282-4440-522-249) for
property repairs, and to authorize the transfer of $10,400 from the General Fund
Reserve to the City Manager's Specialized Services Account for an archaeological
study of the property.
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DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1.
Written Communications:
Report dated November 1, 1988, from the Director of Community Planning and
Development, advising that a master plan for the construction of a civic and cultural
arts center for the City was to be prepared in accordance with the Community
Redevelopment Agency's Capital Improvement Program for the 1988-89 Fiscal
Year. The report forwarded a Scope of Work for use in preparing the concept
design. The goal of the study is the adoption of a Master Plan for the property
which will lead to the implementation of a combined civic center and cultural arts
facility. The program recognized the need to include an evaluation of the site and
identification of historical/archaeological resources as well as the possible use of
the existing buildings on the property. Funds in the amount of $100,000 had been
budgeted in the Community Redevelopment Agency budget.
Approval of Scope of Work:
It was moved by Councilman Schwartze, seconded by Councilman Friess and
unanimously carried to approve the Scope of Work to prepare a comprehensive
development plan for a combined civic center and cultural arts complex to be
located at the old Capistrano High School site. Staff was authorized to solicit
proposals.
DIRECTOR OF PUBLIC WORKS
Written Communications:
Report dated November 1, 1988, from the Director of Public Works, advising that
the downtown area merchants had requested establishment of a 3 -hour parking zone
on Camino Capistrano from Ortega Highway to Forster Street and on Ortega
Highway from Camino Capistrano to EI Camino Real in order to provide parking for
customers and visitors to the downtown area and to discourage all -day parking by
Amtrak commuters. The report forwarded a recommendation of approval from the
Traffic and Transportation Commission.
Discussion ensued regarding parking in the downtown area and Councilman Friess
requested a status report on the proposed parking structure on the DeMaio property.
Approval of Parking Zones:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the
following Resolution be adopted:
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3401
OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING
"THREE-HOUR PARKING" ZONES ON THE EAST SIDE OF CAMINO
CAPISTRANO FROM ORTEGA HIGHWAY TO FORSTER STREET;
ON THE WEST SIDE OF CAMINO CAPISTRANO FROM ORTEGA
HIGHWAY TO ONE HUNDRED (100) FEET NORTH OF FORSTER
STREET; AND, ON BOTH SIDES OF ORTEGA HIGHWAY FROM
CAMINO CAPISTRANO TO EL CAMINO REAL, AND RESCINDING
RESOLUTION NO. 83-12-6-11
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution established the zones between the hours of 7:00 a.m., and 6:00 p.m.,
daily.
2. MODIFICATION AND UPGRADE OF CITY WATER TRUCK (370.30)
Written Communications:
Report dated November 1, 1988, from the Director of Public Works, advising that
the water truck currently owned by the City was no longer safe to operate;
replacement of the truck was estimated at $40,000. The report advising that several
companies had been contacted for quotes to rebuild the existing truck and only one
company would give a firm price of $11,600, not including tax. The report requested
that the formal bid process be waived.
Approval of Work:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim and
unanimously carried to approve the Request to waive the formal bid procedure and
to award the work to United Water Trucks of Corona in the amount of $11,600, not
including tax. An appropriation of $12,000 was approved from the General Fund.
3. CAMINO CAPISTRANO BRIDGE - RESOLUTION NOTICE OF COMPLETION
AND FINAL REPORT STEVE P. RADOS, IN 600.30
Written Communications:
Report dated November 1, 1988, from the Director of Public Works, advising that
construction of the Camino Capistrano Bridge had been completed to the
satisfaction of the City Engineer. The report advised that the City has a Request
for Payment pending against Pacific Bell for the additional costs to relocate the
Pacific Bell telephone ducts from the old to the new bridge in the amount of
$247,360.56. The report advised that the contract was awarded @d $2,9975,383 and
completed for $3,263,566.25.
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4.
Acceptance of Work:
It was moved by Councilman Schwartze, seconded by Councilman Buchheim that the
following Resolution be adopted:
88 -11 -
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 CAMINO CAPISTRANO BRIDGE (STEVEN
P. RADOS, INC.)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
The Resolution accepted the work as complete in the amount of $3,263,566.25 and
directed the City Clerk to forward a Notice of Completion to the Orange County
Recorder. Staff was authorized to release control of Escrow Agreement #4951-
14904 in the amount of $149,000, 35 days after recording the Notice of Completion.
Written Communications:
Report diced November 1, 1988, from the Director of Public Works, advising that in
1986, Leonard Rothenberg, 33512 Valle Road, received a variance to build within the
setback of an equestrian/hiking trail and submitted a Certificate of Deposit to
insure removal of the stable if necessary. The report advised that the Equestrian
Commission reviewed the trail and recommended abandonment and realignment
north onto the Arosa property.
Approval of Quitclaim:
It was moved by Councilman Buchheim, seconded by Councilman Schwartze and
unanimously carried to authorize the Mayor and City Clerk to execute the quitclaim
deed for vacation of the equestrian/hiking trail easement. The City Clerk was
directed :o forward the deed to the Recorder's Office and to return the Certificate
of Deposit to Mr. Rothenberg.
ORDINANCES
Written Communications:
Report dated November 1, 1988, from the
was introduced at the meeting of October 4,
City Clerk, advising that the Ordinance
1988, and was scheduled for adoption.
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2.
342:
Adoption of Ordinance:
The City Manager read the title of the Ordinance next in order. Further reading of
all Ordinances had been waived earlier in the meeting. It was moved by Councilman
Buchheim, seconded by Councilman Schwartze that the following Ordinance be
adopted:
ORDINANCE NO. 636. AP
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP
ADOPTED BY ORDINANCE NO. 293 BY AMENDING SECTION
9-3.423.3 OF THE MUNICIPAL CODE AND CHANGING THE
ZONING OF A PORTION OF ASSESSOR'S PARCEL NO. 121-182-
16 FROM AG (GENERAL AGRICULTURAL) TO FM (FARM
MARKET) (CHRISTIAN'S FARMER'S MARKET/VERMEULEN)
The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
Written Communications:
Report dated November 1, 1988, from the City Clerk, advising that the Ordinance
was introduced at the meeting of October 4, 1988, and was scheduled for adoption.
Adoption of Ordinance:
The City Manager 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 Bland that the following Ordinance be adopted:
ORDINANCE NO. 637, APPROVING REZONE 88-8 (MEADOWS)
- AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP
ADOPTED BY ORDINANCE NO. 293 CHANGING THE ZONING
OF ASSESSOR'S PARCEL NO. 649-271-63 FROM PD (PLANNED
DEVELOPMENT) TO RD (GARDEN HOME) (MEADOWS)
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The motion carried by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim,
Bland, and Mayor Hausdorfer
NOES: None
ABSENT: None
COUNCILMANIC ITEMS
1. APPOINTMENT OF ONE MEMBER TO
Written Communications:
Report dated October 27, 1988, from the Senior Management Assistant, advising
that I 1 applications had been received for the position.
Appointment of Terry Dorse:
Councilman Buchheim nominated Terence Dorse; Councilman Bland seconded the
nomination. There being no further nominations, nominations were closed and it was
moved by Councilman Buchheim, seconded by Councilman Bland and unanimously
carried to appoint Mr. Dorse to the Parks and Recreation Commission.
2. ORAL REPORTS OF OUTSIDE AGENCIES
Ca istrano Valle Wastewater Authority(1040.60):
ouncilman Buchheim advised that an agreement with Parson Company had been
formulated to do a scoping of the work; that appraiser services were going to be
solicited relative to purchase of the property from the Capistrano Beach Sanitary
District.
East
ru
San Juan Basin Authority (1050.60):
Councilman Buchheim advised that an analysis was being conducted relative to
distribution of the water among the four participating agencies. The dam projects
were on hold.
Foothill/Eastern Transportation Corridor (800.50):
Mayor Hausdorfer advised that the first bond issue of $70 million was scheduled for
February 9, 1989. Work on environmental issues and alignment studies was
continuing and discussion with the Marine Corps was continuing on a positive note.
San Joaquin Hills Transportation Corridor (800.50):
Councilman Friess advised that meetings with Mission Viejo regarding revised
alignments for the connection with the 1-5 freeway had resulted in moving the
connection away from existing residences.
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344,
MLeaitue of California Cities (140.20):
Councilman Schwartze noted that the City would be spotlighted at the
November 17th dinner and recommended that an edited copy of the La Historia de
San Juan Capistrano be featured. He also discussed the following items:
The response being prepared regarding the Air Quality Management District
proposal;
The Director of Public Works was being considered for a seat on the Arterial
Highway Financing Program committee;
Voting would take place on November 3rd for the Orange County Transit
District;
The City/County Coordinating Committee had been working on the County-
wide Growth Management document; and
Senator Bergeson had been soliciting support for legislation regarding the
Southern California Association of Governments.
COUNCIL REMARKS
1. GRAFFITI (530.60)
Councilman Friess requested removal of graffiti from the freeway bridge at San
Juan Creek and on transformer boxes on La Zanja in the Capistrano Villas.
2. SOCIAL SERVICES FACILITY (585.50)
Mayor Hausdorfer advised that the County will fund one-half of the expenses and the
City would begin soliciting support from surrounding South County areas. He further
noted that the County was looking for a permanent location in the South County.
3. HILLSIDE GRADING - APPOINTMENT OF AD HOC COMMITTEE (410.30)
Mayor Hausdorfer noted the need to review the Hillside Development Guidelines and
suggested appointment of an ad hoc committee. It was moved by Councilman
Schwartze, seconded by Councilman Bland and unanimously carried to appoint an ad
hoc committee consisting of Mike Berns, Larry Lawrence and Gil Jones.
4. COMMUNITY FORUM (150.60)
Mayor Hausdorfer advised that the next Community Forum was scheduled for
November 29,
CLOSED SESSION
Council recessed to a Closed Session at 8:22 p.m., for discussion of personnel matters,
the Deputy City Clerk being excused therefrom, and reconvened at 9:07 p.m.
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ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:07
p.m., to the next regular meeting date of Tuesday, November 15, 1988, at 7:00 p.m., in _
the City Council Chamber.
Respectfully submitted,
MARY ANN HANOVER, CITY CLERK
&LL1
By Cheryl J son eputy City Clerk
Recording Secretary
ATTEST:
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