83-0719_CC_Minutes_Regular MeetingJULY 19, 1983
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
245
The Regular Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Bland at
7:21 p.m., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Chuck
Olson, Coast Bible Church.
ROLL CALL PRESENT: Anthony L. Bland, Mayor
Gary L. Hausdorfer, Mayor pro tem
Lawrence F. Buchheim, Councilman
Kenneth E. Friess, Councilman
Phillip R. Schwartze, Councilman
ABSENT: None
STAFF PRESENT: Stephen B. Julian, City Manager; Bob Boone,
Director of Administrative Services; William D. Murphy, Director
of Public Works; Raymundo Becerra, Acting Director of Community
Planning and Development; James S. Okazaki, City Attorney;
Mary Ann Hanover, City Clerk; Cheryl Johnson, Recording
Secretary.
MINUTES
Adjourned Regular Meeting of June 28, 1983:
It was moved by Councilman Friess, seconded by Councilman
Buchheim that the Minutes of the Adjourned Regular Meeting of
June 28, 1983, be approved as submitted. The motion carried by
the following vote:
AYES: Councilmen Friess, Buchheim,
and Mayor Bland
NOES: None
ABSTAIN: Councilmen Hausdorfer and Schwartze
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 Friess, Hausdorfer, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSENT: None
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PRESENTATIONS AND COMMENDATIONS
1. PRESENTATION OF PLAQUE (PACIFIC TELEPHONE
(34) Mayor Bland displayed a plaque that had been presented to
the City by Pacific Telephone in honor of the cover picture
on the current Orange Coast South Telephone Directory
depicting two horseback riders in San Juan Creek.
ORAL COMMUNICATIONS
1. CALIFORNIA STATE BUDGET
(27) Mark Howell, Administrative Assistant to State Senator 011ie
Speraw, advised that the State Legislature had adopted a
budget and noted items of interest to the City.
2. CHAMBER OF COMMERCE FUNDING REQUEST
(24) Richard Wordes, Vice President of the San Juan Capistrano
(29) Chamber of Commerce, requested that funding of the Chamber
portion of the Community Organization budget be held over to
the next meeting to allow attendance by the Chamber
Executive Director. Council concurred with his request.
CONSENT CALENDAR
It was moved by Councilman Schwartze, seconded by Councilman
Friess that the staff recommendations be accepted for the
following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSENT: None
1. APPROVAL OF WARRANTS
(41) The Lists of Demands dated July 19, 1983, Warrant Registers
Nos. 84-011 and 84-012, in the total amounts of $97,364.17
and $703,835.86, respectively, were approved as submitted.
2. CITY TREASURER'S REPORT OF INVESTMENTS
(41) The City Treasurer's Report of Investments as of June 30,
1983, in the total amount of $7,060,000.00, was approved as
submitted.
3. CITY TREASURER'S REPORT OF 1911 ACT BOND DELINQUENCIES
(41) The City Treasurer's Report of 1911 Act Bond Delinquencies
as of June 30, 1983, in the total amount of $2,143.90,was
approved as submitted.
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4.
APPROVAL OF CHANGE ORDER NO. 9C - SAN JUAN CAPI
247
(52) As set forth in the report dated July 19, 1983, from the
Senior Administrative Assistant, Contract Change Order No.
9C, in the amount of $8,830.03, for reconstruction of walls
due to the addition of self -illuminated fire exit lights,
was approved, including a 16 -day time extension.
5. HEARING DATE SET FOR APPEAL OF DENIAL OF AMBULANCE SERVICES
(MEDIX AMBULANCE SERVICE, INC.)
(70) As set forth in the report dated July 19, 1983, from the
(67) Senior Administrative Assistant, a public hearing was set
for the meeting of August 16, 1983, on the appeal filed by
Medix Ambulance Service, Inc., in conjunction with the
Orange County Health Officer's denial of their application
to provide convalescent and emergency ambulance services
within the City.
PUBLIC HEARINGS
1. APPROVAL OF SEWER CONNECTION AND SERVICE CHARGES
(80) This Hearing was continued from the meeting of June 21,
1983.
Written Communications:
(1) Report dated July 19, 1983, from the Director of Public
Works, forwarding a resolution establishing new
sanitary sewer service rates.
(2) Letter dated July 18, 1983, from John and Elizabeth
Elliott, 31102 Calle Entradero, in opposition to the
proposed increase.
The Director of Public Works made an oral presentation
noting that staff had been directed to research methods of
calculating fees in other communities for comparison
purposes; that a comparison of charges was virtually
impossible due to the variety of methods utilized.
Public Hearing:
Notice having been given as required by law, Mayor Bland
opened the Public Hearing and the following persons
responded:
(1) Joan Scarantino, 27441 Ortega Highway, received
clarification regarding the reasons for the increase
and initiated discussion regarding City accounting
procedures, income, and application of monies.
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(2) David Hanson, 31171 Calle Del Campo, President of the
Mission Glen Homeowners Association, forwarded the
Association's request for a complete accounting of
SERRA and the City General Fund; the City's financial
support of SERRA; the reasons for the increase; and,
the application of the additional monies received. He
advised that the association opposed the increase and
suggested that it be placed on the ballot at the next
General Election. Discussion ensued and Councilman
Hausdorfer suggested that the Association review the
budget and meet with staff regarding their requests.
Mr. Hanson further stated concerns with the impact of
the increase on mobilehomes.
(3) Vincent Ronca, 30783 Calle Chueca, President of Casitas
Homeowners Association No. 1, stated he had not
received new information on the sewer fees or
information on budget meetings. He suggested that
there is an inequality in the increase based on
potential use of the sewer system; advised that the
Casitas Homeowners Association felt the increase was too
much to initiate at one time. Discussion ensued
regarding the City's methods of disseminating
information to the public.
(4) Phil Stephens, 32138 Via Buena, stated concerns with
the equality of application of sewer rates.
(5) Karen Davidson, 31501 Sundance Drive, received
clarification regarding future increases and cited
billings received from the Santa Margarita Water
District.
There being no further response, Mayor Bland closed the
Hearing with the right to re -open at any time.
Council Discussion:
Councilman Friess stated that a true user fee would be based
on the number of persons in a home rather than the size of
the home; that the City would be unable to tie sewer rates
to water usage. Mr. Murphy stated that the City's figures
are reflective of what is perceived as average density.
Councilman Schwartze noted that lower rates are charged for
mobilehomes in part because there are private systems within
the parks that are not maintained or operated by the City _
which feed into public lines. Mayor Bland stated his
support of the increase.
Approval of Sewer Charge:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess that the following Resolution be adopted.
With the concurrence of Councilman Hausdorfer, Councilman
Friess amended the motion to include direction to staff to
report within two months with an evaluation of the way in
which rates are applied to see if there is an alternative
system that may be closer to a user fee.
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249
RESOLUTION NO. 83-7-19-1, SEWER CONNECTION CHARGES
AND SERVICE CHARGES - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING RESOLUTION NO. 82-6-15-4,
ESTABLISHING THE CHARGES TO BE MADE FOR ANY AND
ALL SEWERAGE DISPOSAL CONNECTIONS WITH THE PUBLIC
SEWERAGE SYSTEM, ESTABLISHING MAIN EXTENSION
CHARGES AND SEWER SERVICE CHARGES WITHIN THE CITY
OF SAN JUAN CAPISTRANO AND AREAS BECOMING PART OF
THE CITY FROM AND AFTER AUGUST 1, 1983
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze, and Mayor Bland
NOES: None
ABSENT: None
The Resolution sets the following residential rates
effective August 1, 1983:
Single Family Units $15.40
Multiple Family Units 12.30
Mobilehomes 10.00
BIDS, CONTRACTS, AGREEMENTS
1. APPROVAL OF AGREEMENT FOR LIBRARY PARKING LOT
(DIOCESE OF ORANGE) (38-#434)
(38) Written Communications:
(52) Report dated July 19, 1983, from the Senior Administrative
(63) Assistant, forwarding an agreement with the Diocese of
Orange for joint use of the parking lot on E1 Horno Street
for Church and Library patrons. The report recommends a
revision to the agreement to strike the works "for
continuance" from the last line of Article 5. Funds in the
amount of $32,000 have been budgeted in the 1983-84 budget.
Approval of Joint Use:
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer and unanimously carried to approve the revised
agreement with the Diocese of Orange for joint use of its E1
Horno Street parking lot for Church and Library patrons, and
to authorize staff to begin preparation of plans and
specifications for necessary improvements. The Mayor and
City Clerk were authorized to execute the document on behalf
of the City.
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250
2. APPROVAL OF AGREEMENT FOR SILT REMOVAL FROM ALIPAZ STORM
DRAIN - TRACT 11086 CASITAS DEL RIO ARROJADO CORPORAT
110_LLAOC%
(38) Written Communications:
(80) Report dated July 19, 1983, from the
(85) Works, forwarding an agreement with
for removal of a silt deposit in the
prior to completion of the Storm Dra
Alipaz Street and Camino del Avion t
report advises that the work will be
expense of the City and recommends a
$26,250, which was the amount of the
the developer for the work.
Director of Public
the Arrojado Corporation
Alipaz Storm Drain
in from its terminus at
o San Juan Creek. The
performed at the
n expenditure of
lowest bid received by
Approval of Agreement:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze to approve the "Agreement for Silt
Removal, Alipaz Storm Drain at Tract 11086" and to authorize
the Mayor and City Clerk to execute the document on behalf
of the City. An expenditure of $26,250 was authorized from
the Systems Development Account 06-4706-552.
RECESS AND RECONVENE
Council recessed at 8:37 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 8:44 p.m.
ADOPTION OF COMMUNITY REDEVELOPMENT AGENCY BUDGET
(68) Written Communications:
Resolution adopting the annual budget of the Community
Redevelopment Agency in the amount of $170,000 and
appropriating the amount of $185,000 from the General Fund
to be paid to the Community Redevelopment Agency
Administrative Fund. The funds are to be repaid at an
interest rate not to exceed an average rate of return for
all City investments.
Adoption of Budget:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim that the following Resolution be adopted:
RESOLUTION NO. 83-7-19-2, ADOPTING COMMUNITY
REDEVELOPMENT AGENCY ADMINISTRATIVE BUDGET AND
APPROPRIATING FUNDS - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING THE COMMUNITY REDEVELOPMENT
AGENCY ADMINISTRATIVE BUDGET AND APPROPRIATING
FUNDS THEREFOR
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The motion carried by the following vote:
AYES:
NOES:
ABSENT:
ADMINISTRATIVE ITEMS
CITY MANAGER
Councilmen Friess, Hausdorfer, Buchheim,
Schwartze and Mayor Bland
None
None
251
1. 1983-84 FISCAL BUDGET - FUNDING OF COMMUNITY ORGANIZATIONS
(24) Written Communications:
(61) Report dated July 19, 1983, from the City Manager,
forwarding funding recommendations for community
organizations.
The City Manager made an oral report, recommending that the
requests of Concept Communications and the Chamber of
Commerce be rescheduled for consideration on August 2.
Councilman Friess stated concerns regarding sufficient
revenue to offset these funding requests so that the City
will not go into deficit spending.
Approval of Funding:
It was moved by Councilman Schwartze, seconded by Councilman
Friess to fund the community organization requests, with the
exception of Concept Communications and the Chamber of
Commerce, in the total amount of $46,850; to reserve $12,500
for funding for Concept Communications subject to completion
of arrangements permitting the City to use the film for fund
raising activities; and, to direct staff to report to
Council at the meeting of August 2. With the concurrence of
Councilman Schwartze, Councilman Friess amended the motion
to include direction to staff to monitor the funding and
report to Council should the allocation of monies cause use
of the General Fund Reserves. The motion carried
unanimously. The action approves the following funding
allocations:
Community Counseling Center $18,000
San Juan Capistrano Historical Society 4,900
San Juan Capistrano Fiesta Association 2,000
Sister Cities Association 500
Capistrano Indian Council 1,650
South County Youth Shelter 2,800
We -Tip 1,000
Libros y Artes 10,000
Mission Archaeological Project 5,000
Laguna Beach Free Clinic 500
Human Options 500
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r 252
DIRECTOR OF ADMINISTRATIVE SERVICES
1. ADOPTION OF RULES AND REGULATIONS GOVERNING ADDITIONS TO
DESIGNATED SERVICE AREAS - CABLE TV
(43) This item was continued from the meeting of July 5, 1983.
Written Communications:
Report dated July 19, 1983, from the Director of
Administrative Services, forwarding rules and regulations
for the selection of Cable TV companies to serve designated
areas in the City. The report advises that the criteria is
based on State regulations which empower cities to grant
franchises on the basis of quality of service, rates,
experience and financial responsibility.
The following persons addressed Council:
(1) Jean Williams, Counsel for Times Mirror Cable TV,
forwarded objections to the proposed Rules and
Regulations on behalf of Times Mirror Cable TV; stated
that the Rules and Regulations would materially and
substantially alter the rights of Times Mirror; cited
court cases in support of their view; and, stated that
times Mirror would be willing to work with the City to
identify and overcome problems.
(2) Jeff Eden, General Manager of Storer Cable TV in Laguna
Niguel, stated that Storer Cable TV agrees with the
City's position and is willing to support and abide by
the proposed Rules and Regulations.
Adoption of Rules and Regulations:
It was moved by Councilman Schwartze, seconded by Councilman
Hausdorfer that the following Resolution be adopted:
-7-19-3. RULES AND REGULATIONS -
SERVICE AREAS - CABLE TV - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADOPTING RULES AND REGULATIONS FOR THE
SELECTION OF FRANCHISEE TO SERVE DESIGNATED
SERVICE AREAS FOR CABLE TELEVISION
The motion carried by the following vote:
AYES: Councilmen Friess, Hausdorfer, Buchheim,
Schwartze and Mayor Bland
NOES: None
ABSENT: None
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253
CABLE TV SERVICE AREA REQUESTS (STORER CABLE TV AND
TIMES MIRROR CABLE TV
(43) This item was continued from the meeting of July 5, 1983.
Written Communications:
Report dated July 5, and resubmitted July 19, 1983, from the
Director of Administrative Services, forwarding a request
from Storer Cable TV to provide service to Tract 10217
(Trammel Crow) and a request from Times Mirror to provide
service to Tracts 11765, 10318, and 10319. The report
recommends denial of the Storer request since development of
Trammel Crow is not expected to start for another two years;
approval of the Times Mirror request to service Tract 11765
since wiring is complete; and, submittal of Tracts 10318 and
10319 to the Ad Hoc Committee for review under the newly
adopted Rules and Regulations.
Dispositionof Requests:
It was moved by Councilman Buchheim, seconded by Councilman
Friess and unanimously carried to deny without prejudice
Storer Cable TV's request to serve the Trammel Crow
development; to approve the Times Mirror request to serve
Tract 11765; and, to refer Tracts 10318 and 10319 to the Ad
Hoc Cable Television Committee for recommendation.
3. APPROVAL OF LIABILITY INSURANCE - POLICY AND CLAIMS
ADMINISTRATION RENEWAL
(49) Written Communications:
Report dated July 19, 1983, from the Director of
Administrative Services, forwarding an agreement with Carl
Warren and Company for Claims Administration Services. The
report also recommends approval of the proposal submitted by
Dan Gorman Insurance for the City's General Liability and
Property Insurance policy; the City will continue with the
$50,000 self-insured retention program.
Approval of Claims Administration/Liabilit IN
It was moved by Councilman Schwartze, seconded y Councilman
Hausdorfer and unanimously carried to approve the Claims
Administration Services Agreement with Carl Warren and
Company in the amount of $600 for the period of August 1,
1983, through July 31, 1984; and, to approve the Dan Gorman
Insurance Company proposal in the amount of $15,872 for the
City's General Liability and Property Insurance policy.
4. REQUEST FOR BASIC RATE INCREASE (STORER) -
SET PUBLIC HEARING DATE
(43) Written Communications:
Report dated July 19, 1983, from the Director of
Administrative Services, forwarding a request from Storer
Cable TV for a $2.50 increase in their basic rate.
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25A
Set Hearing Date:
It was moved by Councilman Buchheim,
Hausdorfer and unanimously carried to
for the Council meeting of August 16,
rate increase for Storer Cable TV.
DIRECTOR OF PUBLIC WORKS
1. STATUS REPORT - SERRA
seconded by Councilman
set a public hearing
1983, to consider a
(79) Written Communications:
Report dated July 19, 1983, from the Director of Public
Works setting forth the status of the expansion of the
existing SERRA Plant; operations and maintenance of the
Plant; and, the Master Plan of Sewage Facilities.
The Director of Public Works advised that a workshop was
scheduled for July 20th on the City's Master Plan of Sewage
Facilities and the item was scheduled for Council review on
August 16th. He further advised that a tour of the
Treatment Plant and a presentation of all SERRA issues was
scheduled for July 28th, beginning at 3:30 p.m.
With the concurrence of Council, Mayor Bland ordered the
report received and filed.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF JULY 12, 1983 - APPEAL OF CONDITIONAL
USE PERMIT FOR MICROWAVE TRANSMITTER
(67) Mayor Bland recommended that the Commission approval of a
(43) Conditional Use Permit for Storer Cable Communications to
install a microwave transmitter/receiver in the GOS District
of the Glendale Federal Planned Community be reviewed by the
Council, and it was moved by Councilman Friess, seconded by
Councilman Buchheim and unanimously carried to set a public
hearing for the meeting of August 16 on the City Council
Appeal of the Planning Commission Approval.
The Report of Actions taken by the Planning Commission at
their meeting of July 12, 1983, was then ordered received
and filed.
COUNCIL ACTIONS
1. APPOINTMENT OF TWO MEMBERS TO THE PLANNING COMMISSION
(67) Written Communications:
Report dated May 31, 1983, and resubmitted July 19, 1983.
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OR,
Appointment of Moore and Nash:
Councilman Hausdorfer nominated Ed Moore and Carolyn Nash
for appointment to the Planning Commission. Councilman
Schwartze seconded by nomination. There being no further
nominations, it was moved by Councilman Hausdorfer, seconded
by Councilman Schwartze and unanimously carried to appoint
Ed Moore and Carolyn Nash to fill the existing vacancies on
the Planning Commission.
2. ANNUAL REVIEW OF COMMISSION AND BOARD APPOINTMENTS
(23) Written Communications:
Report dated June 9, 1983, and resubmitted July 19, 1983,
forwarding a list of current appointees and active
applications currently on file for each commission and
board.
Planning Commission:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to reappoint
the three incumbent members Robert Davies, Colleen Campbell,
and Dee Tyler to the Planning Commission.
Architectural Board of Review:
It was moved by Councilman Hausdorfer, seconded by
Councilman Friess and unanimously carried to reappoint
incumbent member Jan Hansen and new members Ed Haworth,
Nancy Ferruzzo, Anne Schauwecker and Bob Ferguson to the
Architectural Board of Review.
Traffic and Transportation Commission:
It was moved by Councilman Hausdorfer, seconded by
Councilman Schwartze and unanimously carried to reappoint
incumbent members Dennis Haehn, Edward Nelson, William
Timoti, and Michael Villegas, and new member William Hodge
to the Traffic and Transportation Commission.
Parks and Recreation Commission:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to reappoint
incumbent members Brett Shears, Joe Quintana, Duane Hallan,
and Pauline Leonard, and new member Jim Allen to the Parks
and Recreation Commission.
Cultural Heritage Commission:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to reappoint
incumbent members Mary Jane Forster, Natalie Mitchell, Janet
Bryson, Bill Fischer, and Phil Jimenez to the Cultural
Heritage Commission.
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256
Equestrian Commission:
It was moved by Councilman Hausdorfer, seconded by
Councilman Buchheim and unanimously carried to reappoint
incumbent members Ilse Byrnes, Diane Starnes, Milton Long,
and Jill Hanna and new member Richard Wordes to the
Equestrian Commission.
COUNCIL REMARKS
1. MOBILEHOME PARK ORDINANCE LITIGATION
(23) Councilman Schwartze noted that the Supreme Court had
(35) extended the deadline to July 22 to decide whether to hear
the issue and further information should be available by the
next Council meeting.
2. ABANDONMENT OF GREYHOUND BUS SERVICE TO CITY
(88) Councilman Schwartze noted receipt of a Public Utilities
Commission notice regarding a proposal by the Greyhound Bus
Lines to abandon passenger service to various areas,
including San Juan Capistrano and there was a consensus of
Council to direct staff to investigate the situation.
3. LEAGUE OF CALIFORNIA CITIES
(61) Councilman Schwartze advised that a Special Issues Seminar
would be conducted on the Bullet Train at the League meeting
of August 11.
4. SYCAMORE TRAILS STABLE
(7.2) Councilman Friess noted receipt of a letter from Sue
(23) Rothrock, 30842 Avenida de la Vista, regarding conditions at
the Sycamore Trails Stable and there was a consensus of
Council to refer the letter to the Equestrian Commission for
review.
5. SIGNS
(25) Councilman Friess requested an off -agenda report on the
status of the signs at the Camelot Development on Del Obispo
and Aguacate Road; noted a portable sign on the northern end
of the Goeden Development next to Marguerite Parkway. _
6. SAN JUAN CREEK ROAD TRUCK TRAFFIC
(87) Councilman Friess requested action with regard to the
increased truck traffic on San Juan Creek Road.
7. SEWER FEES
(80) Councilman Hausdorfer requested that staff review the sewer
fees and City budget with David Hanson.
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2 5'�
8. PLANNING COMMISSION STUDY
(67) Councilman Hausdorfer noted that the City had participated
in a study sponsored by UCI on Planning Commission
effectiveness and cited ratings given to the Commission.
9. CHILD CARE TASK FORCE
(56) Mayor Bland noted receipt of a letter dated July 13 from
Supervisor Riley inviting recommendations for a
representative to serve on a task force to study the issue
of child care and suggested that the City Manager be
provided with any suggestions.
10. UNITED WAY CAMPAIGN COORDINATOR
(61) Mayor Bland noted receipt of a letter dated July 11 from
Costa Mesa Councilwoman Norma Hertzog regarding the 1983-84
United Way Campaign and there was a consensus of Council
that the Director of Recreation continue as the City's
coordinator.
CLOSED SESSION
Council recessed to a Closed Session at 9:40 p.m., for discussion
of legal and personnel matters, the City Clerk being excused
therefrom, and reconvened at 10:32 p.m.
There being no further business before the Council, the meeting
was adjourned at 10:34 p.m., to the next meeting date of
Thursday, July 28, 1983, at 3:00 p.m., in the City Council
Chamber.
ATTEST:
411 z
ANTHONY L BLAND, MAYOR
Respectfully submitted,
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