86-0603_CC_Minutes_Regular MeetingJUNE 3, 1986 437
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 Acting Mayor
Schwartze at 7:10 p.m., in the City Council Chamber, followed by
the Pledge of Allegiance to the Flag. Invocation was given by
Pastor Michael Carlisle, Capistrano Valley Church.
ROLL CALL PRESENT: Phillip R. Schwartze, Acting Mayor
Anthony L. Bland, Councilman
Lawrence F. Buchheim, Councilman
ABSENT: Kenneth E. Friess, Mayor
Gary L. Hausdorfer, Mayor pro tem
STAFF PRESENT: Stephen B. Julian, City Manager; Glenn Southard,
Assistant City Manager; 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, Deputy City Clerk/Recording
Secretary.
MTNTTTES
Regular Meeting of May 20, 1986:
It was moved by Acting Mayor Schwartze, seconded by Councilman
Bland, that the Minutes of the Regular Meeting of May 20, 1986,
be approved as submitted. The motion carried by the following
vote:
AYES: Councilman Bland, and Acting Mayor Schwartze
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: Councilman Hausdorfer and Mayor Friess
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that all Ordinances be read by title only. The motion
carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Acting Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer and Mayor Friess
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3 CONSENT CALENDAR
It was moved by Councilman Buchheim, seconded by Councilman
Bland, that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Bland, Buchheim,
and Acting Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer and Mayor Friess
1. APPROVAL OF WARRANTS (202.2)
The List of Demands dated May 21, 1986, Warrant Register No.
86-112, in the total amount of $312,558.29, was approved as
submitted.
2. REPORT OF PARKS AND RECREATION COMMISSION ACTIONS (138.4
The Report dated June 3, 1986, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of May 19, 1986, was ordered received and filed.
3. REPORT OF PLANNING COMMISSION ACTIONS (140.4)
The Report dated May 28, 1986, from the Director of
Community Planning and Development, regarding actions taken
by the Planning Commission at their meeting of May 27, 1986,
was ordered received and filed.
4. CLAIM AGAINST THE CITY (REID) (402.141)
As set forth in the report dated June 3, 1986, from the City
Attorney, the Claim filed on April 12, 1986, by Attorney
Theodore R. Howard on behalf of Irene Reid, in connection
with an accident which occurred at Camino Capistrano and Del
Obispo Street on December 11, 1985, was denied. The City
Attorney was authorized to handle the matter to a
conclusion.
5. STATUS REPORT - CAMINO CAPISTRANO BRIDGE (804.2)
The report dated June 3, 1986, from the Director of Public
Works, setting forth the status of the Camino Capistrano
Bridge project, was ordered received and filed.
6. ACCEPTANCE OF LICENSE AGREEMENT - LOS RIOS AREA - MISSION
STREET (CAPISTRANO VALLEY WATER DISTRICT) (406.649)
As set forth in the report dated June 3, 1986, from the
Director of Public Works, the License Agreement with the
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Capistrano Valley Water District for encroachment acro 39
District's Little Hollywood Wellsite No. 1, for widening and
paving of Mission Street, was approved and accepted. The
Mayor and City Clerk were authorized to execute the
Agreement on behalf of the City; the City Clerk was directed
to forward the Agreement to the Orange County Recorder's
Office.
7. AWARD OF CONTRACT - LOS RIOS AREA -
As set forth in the report dated June 3, 1986, from the
Director of Public Works, the contract for construction of
the Mission Street and Ramos Street Improvements in the Los
Rios Area was awarded to the lowest responsible bidder,
Husby Construction of San Clemente, in the amount of
$57,412.00; all other bids were rejected. The Mayor and
City Clerk were authorized to execute the contract on behalf
of the City.
8. ACCEPTANCE OF EASEMENTS AND RI
(AHFP 1141) - DEL OBISPO STREE
As set forth in the report dated June 3, 1986, from the
Director of Public Works, the following Resolution was
adopted:
RESOLUTION NO. 86-6-3-1. ACCEPTING EASEMENTS FOR
PROJECT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING EASEMENTS
FOR THE DEL OBISPO STREET/CAMINO DEL AVION TRAFFIC
SAFETY PROJECT
The Resolution accepted the perpetual easement and
right-of-way deeds for street, highway and utility purposes
and perpetual easement and right-of-way deeds for slope and
temporary construction purposes from George and Evelyn
Forster and Robert and Anita Forster. The Resolution
directed the City Clerk to forward the easements to the
Orange County Recorder.
Upon receipt of the recorded documents, payment was
authorized in the amount of $19,663 to George and Evelyn
Forster, and $22,244 to Robert and Anita Forster.
All necessary right-of-way has been acquired for AHFP
Project No. 1141, Del Obispo Street and Camino Del Avion
(southeast quadrant), and the Mayor and City Clerk were
authorized to execute the "Right-of-way Certification -
Acquired" document on behalf of the City.
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4 4 ` PUBLIC HEARINGS
1. APPEAL OF ZONING ADMINISTRATOR'S DECISION RE REQUEST TO
LOCATE PRE -FABRICATED HORSE STALLS, ZONE VARIANCE 86-6 -
PROPERTY LOCATED AT 33512 VALLE ROAD (ROTHF.NRRRr) 1794.7
Proposal:
Consideration of an appeal of the May 15, 1986, Zoning
Administrator decision concerning Zone Variance 86-6, which
requested that a pre -fabricated horse stall be located in or
adjacent to an equestrian easement at the rear of the
property. Municipal Code Section 9-3.620(b) requires that
horse stalls maintain a minimum rear setback of 15 feet.
The Zoning Administrator approved a 5 -foot setback from the
equestrian easement, which allowed a 10 -foot encroachment
into the required rear yard setback, while preserving the
future availability of the easement. The applicant appealed
the decision on the grounds that the equestrian trail is
currently undeveloped and, in his opinion, unlikely to ever
be developed.
Appellant/Property Owner:
Leonard S. Rothenberg, 33512 Valle Road, San Juan
Capistrano.
Written Communications:
Report dated June 3, 1986, from the Director of Community
Planning and Development, advising that the Zoning
Administrator approved a 5 -foot setback, since maintaining
the full 15 -foot setback would have resulted in a hardship
due to the slope of the rear yard. The report advised that
the applicant offered to post a bond guaranteeing the
clearance of the easement should it ever be developed.
Exhibits were on display and Susan Tebo, Associate Planner,
made an oral presentation, discussing the setback
requirements and the Zoning Administrator's decision. She
noted the recommendation to deny the appeal due to
precedent -setting concerns.
Public Hearing:
Notice having been given as required by law, Acting Mayor
Schwartze opened the Public Hearing and the following
persons responded:
(1) Leonard Rothenberg, applicant, presented a map
depicting the trail easement and a blockage caused by a
Water District pumping station. He discussed the slope
of the trail, noted that in the area there were other
encroachments into the easement, and stated that any
developable trail would end at this property. He cited
his willingness to post a bond to remove the structure
should the trail be developed.
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(2) Paul Gunneman, 33536 Valle Road, spoke in favor o4t4
appeal.
(3) Richard Adams, 33532 Valle Road, spoke in favor of the
appeal.
There being no further response, Acting Mayor Schwartze
closed the Hearing with the right to re -open at any time.
Council Discussion:
With the aid of the General Plan Map, Tom Tomlinson, City
Planner, pointed out the trail under consideration and its
relationship and connections to other trails in the area.
In response to Councilman Buchheim, Mr. Tomlinson advised
that three lots would be blocked by the proposed stalls;
Councilman Buchheim was advised that the homeowners in the
area had been notified of the Hearing. Discussion ensued
regarding trail connections and the feasibility of
constructing the feeder trail in the Valle Road area.
Councilman Buchheim noted the hardship caused by varied
elevations in the area and stated support for the appeal,
particularly since the stalls would be portable and easily
moved if necessary. Councilman Bland noted he was not
generally in support of blocking equestrian trails, but due
to the extenuating circumstances and the posting of a bond
to remove the structure, he would be in favor of the appeal.
Approval of Appeal:
It was moved by Councilman Buchheim, seconded by Acting
Mayor Schwartze to overturn the Zoning Administrator's
decision and uphold the appeal, based on the findings that
there are unusual circumstances with this property due to
lot lines, topography and existing facilities, such as the
water pumping station, which encroach on the trail easement
and with a requirement for posting of a surety for removal
of the structure, if necessary. Discussion ensued regarding
Building Code requirements for placing a structure on or
near the rear property lines, and with the concurrence of
the second, the motion was amended to include a requirement
for compliance with applicable Building Code regulations.
The motion carried unanimously.
Staff was directed to prepare a Resolution setting forth the
findings for consideration at the meeting of June 17, 1986.
PROPOSED REVIEW AND ADOPTION OF THE BUDGET FOR THE FIVE
YEARS BEGINNING JULY 1, 1986, AND ENDING JUNE 30, 1991
/7n[ Or% /nnwrm rnrrron\
Proposal:
Review of the Proposed Budget for the 1986-1991 Fiscal
Years.
Applicant:
This was a City -initiated Public Hearing.
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6/3/86
4 42L Written Communications:
Report dated June 3, 1986, from the Assistant City Manager,
advising that final budget figures were being compiled and
proposed revenue and expenditure information was incomplete.
The report recommended continuing the Public Hearing to the
meeting of June 10, 1986.
Public Hearing:
Notice having been given as required by law, Acting Mayor
Schwartze opened the Public Hearing and, there being no
response, closed the Hearing with the right to re -open at
any time.
Continuation of Public Hearing:
It was moved by Councilman Buchheim, seconded by Councilman
Bland and unanimously carried to continue the Public Hearing
to the meeting of June 10, 1986.
3. REZONE 85-5 AND SPECIFIC DEVELOPMENT PLAN 86-1
(NU -WEST) (318.5) (CONTINUED)
This Public Hearing was continued from the meeting of May 6,
1986.
Written Communications:
Report dated June 3, 1986, from the Director of Community
Planning and Development, forwarding the applicant's request
to continue the Public Hearing.
Public Hearing:
Notice having been given as required by law, Acting Mayor
Schwartze opened the Public Hearing and, there being no
response, closed the Hearing with the right to re -open at
any time.
Continuation of Public Hearing:
It was moved by Councilman Buchheim, seconded by Councilman
Bland and unanimously carried to continue the Public Hearing
to the meeting of July 1, 1986.
4. SECOND EXTENSION OF TIME - TENTATIVE TRACT 11587 AND
RESIDENTIAL CONCEPT PLAN, TENTATIVE TRACT 11648, AND
TENTATIVE TRACT 11832 (AROSA) (316.1) (CONTINUED)
This Public Hearing was continued from the meeting of
April 15, 1986. _
Written Communications:
Report dated June 3, 1986, from the Director of Community
Planning and Development, advising that bids had been
solicited for consultant services to assist in evaluation of
test results and pursuing certification and closure of the
sanitary landfill by the appropriate public agencies. The
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5.
report requested continuance of
necessary study, evaluation and
requirements to be completed.
the Hearing to allow 443
identification of closure
Public Hearing:
Notice having been given as required by law, Acting Mayor
Schwartze opened the Public Hearing and, there being no
response, closed the Hearing with the right to re -open at
any time.
Continuation of Public Hearing:
It was moved by Councilman Buchheim, seconded by Councilman
Bland and unanimously carried to continue the Public Hearing
to the meeting of August 19, 1986.
86-1 AND TENTATIVE
Applicant:
Jean Lacouague, P. O. Box 327, San Juan Capistrano.
Property Owner:
Rivendell Management Group, Ltd., 10318 - 82 Avenue, Suite
300, Edmonton, Alberta, Canada, T6E 1Z8.
Written Communications:
(1) Report dated June 3, 1986, from the Director of
Community Planning and Development, recommending the
Hearing be continued pursuant to the request of the
applicant.
(2) Letter dated May 29, 1986, from William J. Griffith,
President, Rivendell Management Group, Ltd., 10318 - 82
Avenue, Suite 300, Edmonton, Alberta, requesting the
Hearing be continued to the meeting of June 17, 1986,
to assess the financial impact of the conditions
pertaining to infrastructure and offsites for the
project.
Public Hearing:
Notice having been given as required by law, Acting Mayor
Schwartze opened the Public Hearing and, there being no
response, closed the Hearing with the right to re -open at
any time.
Continuation of Public Hearing:
It was moved by Councilman Bland, seconded by Councilman
Buchheim and unanimously carried to continue the Public
Hearing to the meeting of June 17, 1986.
RECESS AND RECONVENE
Council recessed at 7:42 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 7:45 p.m.
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444 ADMINISTRATIVE ITEMS
CITY MANAGER
STATUS REPORT - EQUESTRIAN FACILITIES STUDY (705.7)
Written Communications:
Report dated June 3, 1986, from the Assistant City Manager,
advising that additional time was necessary to complete the
study of equestrian issues due to the depth and scope of the
issues identified.
Approval of Time Extension:
It was moved by Councilman Buchheim, seconded by Councilman
Bland and unanimously carried to approve an extension to
October 1, 1986, for the Equestrian Issues Study Committee
to complete its work.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. SAN JUAN CREEK CHANNEL IMPROVEMENTS
(ORANGE COUNTY FLOOD CONTROL DISTRICT) (906.22)
Written Communications:
(1) Report dated June 3, 1986, from the Director of
Community Planning and Development, advising that the
City had received a request from the Environmental
Management Agency to review proposed improvements to
the San Juan Creek Channel and, for the Planning
Commission to determine if the project conformed to the
City's General Plan. The report advised that the
project under consideration was part of a multi -phase
improvement program which extended from Pacific Coast
Highway north to include the confluence of Trabuco
Creek with San Juan Creek. Phase I, which extended
from Pacific Coast Highway to just south of Stonehill
Drive extension, has been completed. Phase II extends
north along the Creek and into the City for a distance
of 300 feet and is out for bid at the present time.
Phase III continues north to just south of the
confluence; and, Phase IV is a future project which
will address the hydraulic conditions at the
confluence. The project proposed to raise the height
of the levee on both sides of the Creek to provide
protection from a 100 -year flood. The report set forth
findings with regard to General Plan consistency. Due
to the slight degree of inconsistency with the General
Plan when compared to the overall design of existing
channel improvements, approval of Phase II was
recommended, provided mitigation measures were
incorporated into the project design and
implementation.
(2) Letter dated May 28, 1986, from Thomas F. Riley,
Supervisor, Fifth District, Orange County Board of
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Supervisors, providing additional information, includ4 445
financial impacts of the requested aesthetic improvements,
and requesting approval of the project to increase the level
of flood protection for the residents of San Juan Creek
floodplain. The letter also noted the importance of the
project to qualify the extension of Stonehill Drive for
Federal funding.
Sara Pashalides, Associate Planner, made an oral
presentation, describing the proposed improvements and the
mitigation measures suggested by Staff. She noted that the
existing channel improvements were technically inconsistent
with the General Plan and the project would add to an
existing non -conformity. The Director of Community Planning
and Development discussed the County's position on funding
aesthetic improvements and advised that the aesthetic
improvements should deal mainly with landscaping.
Ken Smith, Orange County Environmental Management Agency,
Flood Control Design, was present and provided information
regarding the data and studies used to determine the
capability of the channel to accommodate flooding.
Councilman Buchheim cited the need for further studies of
the Trabuco and Oso tributaries for flood control
protection. Council concurred that earthtone-colored
concrete could be excluded due to visual impacts when
compared to overall channel improvements, but as many other
environmental amenities as possible should be maintained.
Councilman Bland urged pursuit of the project from the
standpoint of its necessity in the extension of Stonehill
Drive.
General Plan Consistency:
It was moved by Councilman Bland, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 86-6-3-2. AFFIRMING DETERMINATION THAT
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AFFIRMING THE PLANNING COMMISSION
DETERMINATION THAT PROPOSED MODIFICATIONS TO SAN JUAN
CREEK CHANNEL ARE INCONSISTENT WITH THE CITY GENERAL
PLAN
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim
and Acting Mayor Schwartze
NOES: None
ABSENT: Councilman Hausdorfer and Mayor Friess
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446. Approval of Phase II Improvements:
It was moved by Councilman Bland, seconded by Councilman
Buchheim and unanimously carried to approve Phase II
improvements to San Juan Creek within the City, provided the
following mitigation measures are incorporated into the
project report and implementation program. The motion was
subsequently amended to exclude earthtone-colored concrete:
(1) Landscaping should be provided adjacent to the outside
slope of the channel to soften the impacts of the
increase in height and to provide a buffer area.
(2) Slumpstone or other similar -type material should be
used for the retaining walls to minimize visual
impacts.
(3) Access to the San Juan Creek levee should be taken from
Alipaz or Del Obispo Streets or Avenida Aeropuerto.
Construction traffic should be prohibited from the
neighborhoods of Mission Bell Ranch, Troy Homes, and
Mariner Village.
(4) The hours of operation should be limited to 8:00 a.m.,
to 6:00 p.m., Monday through Friday; and, 8:30 a.m., to
4:30 p.m., Saturday.
(5) All dirt access roads into the creek should be
sprinklered regularly in accordance with Section
9-3.621 of the Municipal Code.
(6) The contractor should provide for detour equestrian and
bicycle trails. Upon completion of improvements, the
contractor should reconstruct the bicycle trail along
the west side of the levee to a width of 12 feet and
reconstruct the equestrian trail.
Phases III and IV:
Phases III and IV projects were referred back to staff to
work with the Orange County Flood Control District to ensure
that flood control improvements are consistent with the
City's General Plan.
2. APPEAL OF NEGATIVE DECLARATION, GREAT WESTERN ANNEXATION
(401.30)
Written Communications:
Report dated June 3, 1986, from the Director of Community
Planning and Development, advising that the Environmental
Review Board issued a negative declaration with regard to
the proposed annexation of the Great Western Savings
property, which consisted of approximately 12 acres adjacent
to the southern City boundary. By letter dated May 8, 1986,
the Capistrano Beach Community Association appealed the
decision to require a negative declaration for the
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annexation proposal. The letter requested a focused Fiscal
Impact Report; a report on how the lessening of revenue from
subject land would diminish the services in Capistrano Beach
currently provided by the County; and, a report on the
dollar amount of revenue generated by subject land, both as
developed and undeveloped property, to determine the amount
of loss to Capistrano Beach. The report responded to the
appeal and recommended the Negative Declaration be upheld.
Councilman Buchheim advised he would abstain from voting due to a
conflict of interest.
Negative Declaration Upheld:
It was moved by Councilman Bland, seconded by Acting Mayor
Schwartze that the following Resolution be adopted:
RESOLUTION NO. 86-6-3-3, UPHOLDING NEGATIVE DECLARATION
FOR GREAT WESTERN ANNEXATION - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
UPHOLDING NEGATIVE DECLARATION FOR GREAT WESTERN
ANNEXATION
The motion carried by the following vote:
AYES: Councilman Bland and Acting Mayor Schwartze
NOES: None
ABSTAIN: Councilman Buchheim
ABSENT: Councilman Hausdorfer and Mayor Friess
Council acknowledged that a full report will be prepared and
available regarding fiscal impacts of the project; the
report will be provided to the San Juan Capistrano and
Capistrano Beach communities.
DIRECTOR OF PUBLIC WORKS
CONTRACT CHANGE ORDER NO. 1, EXTRA WORK - VEREDA BIKEWAY
(HUSBY CONSTRUCTION) (704.5)
Written Communications:
Report dated June 3, 1986, from the Director of Public
Works, advising that unforeseen conditions were discovered
upon excavation for construction of the bikeway and required
adjacent drainage improvements. The report advised that the
Change Order consisted of a contract increase in the amount
of $7,210 for extra work, and a deduction of $2,060 for
deleted items, for a net change in the contract price of
$5,150. An adjustment of $5,000 was necessary to cover the
contract increase.
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4 /� Q Approval of Change Order No. 1:
`� v It was moved by Councilman Buchheim, seconded by
Bland and unanimously carried to transfer $5,000
Parks and Recreation Fees Reserve to Account No.
06-4706-511, and to approve Contract Change Order
the amount of $7,210.
ORDINANCES
1. AMENDMENT TO TITLE 8 OF THE
Councilman
from the
No. 1, in
Written Communications:
Report dated June 3, 1986, from the City Clerk, advising
that the Ordinance was introduced at the meeting of May 20,
1986, and was scheduled for adoption.
Adoption of Ordinance:
The City Attorney read the title of the Ordinance next in
order. Further reading of all Ordinances had been waived
earlier in the meeting. It was moved by Councilman
Buchheim, seconded by Councilman Bland that the following
Ordinance be adopted:
AMENDMENT TO TITLE 8 OF THE
[ILDING REGULATIONS - FEES - AN
V1[L 11V Li1VVPr Vl 1Clla 1.111 V1' VALY VVLLLY Y..CLr lV1Lu-LLYV,
CALIFORNIA, AMENDING TITLE 8, CHAPTER 1, OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE - BUILDING REGULATIONS -
FEES
The motion carried by the following vote:
AYES: Councilmen Bland, Buchheim
and Acting Mayor Schwartze
NOES: None
ABSENT:Councilman Hausdorfer and Mayor Friess
COUNCILMANIC ITEMS
1. ANNUAL REVIEW OF COMMISSION AND BOARD APPOINTMENTS (130.1)
Written Communications:
Report dated June 3, 1986, from the Assistant to the City
Manager, advising that the term of office for all Commission
and Board appointments expires on June 30th of each year,
pursuant to Municipal Code Section 2-2.102. The report
forwarded a listing of current appointees to all Commissions
and Boards.
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Fd �J
Item Held Over:
It was moved by Acting Mayor Schwartze, seconded by
Councilman Bland and unanimously carried to hold the item
over for consideration at the meeting of June 17, 1986, to
allow for all Council Members to be present.
COUNCIL REMARKS
1. EQUESTRIAN EVENT AT OAKS STABLES (705.7)
Councilman Buchheim advised he had attended the Oaks Classic
horse -jumping competition at The Oaks Stables on Sunday,
June 1, 1986. Staff was directed to forward a thank you
letter to Athalie Clarke and Joan Irvine Smith.
2. CHAMBER/CITY SOFTBALL GAME (105.4)
Acting Mayor Schwartze advised the City had won the annual
softball game played on June 1, 1986.
3. TRAFFIC CONDITIONS - PEPPERTREE BEND (805.1)
Councilman Bland noted speeding and off-road vehicles in the
Peppertree Bend area and requested Sheriff enforcement.
CLOSED SESSION
Council recessed to a Closed Session at 8:21 p.m., for discussion of
personnel matters, the Deputy City Clerk being excused therefrom,
and reconvened at 8:43 p.m.
ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 8:43 p.m., to the next meeting date of Tuesday,
June 10, 1986, at 7:00 p.m., in the San Juan Hot Springs Dance
Hall.
Respectfully submitted,
MARY ANN HANOVER, CITY CLERK
1 /
By Cheryl Mhnew6n, Deputy -City Clerk
Recording Secretary
ATTEST:
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