82-0406_CC_Minutes_Regular Meeting169
APRIL 6, 1982
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 Schwartze at
7:05 P.M., in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Reverend Homer
Waisner, Jr., Ocean Hills Community Church.
ROLL CALL PRESENT: Phillip R. Schwartze, Mayor
Lawrence F. Buchheim, Mayor pro tem
Anthony L. Bland, Councilman
Gary L. Hausdorfer, Councilman
ABSENT: Kenneth E. Friess, Councilman
STAFF PRESENT: Stephen B. Julian, City Manager; E. Phillip Hale,
Assistant City Manager/Director of Administrative Services;
William D. Murphy, Director of Public Works; Thomas G. Merrell,
Director of Community Planning and Development; James S. Okazaki,
City Attorney; Mary Ann Hanover, City Clerk; Cheryl Johnson,
Recording Secretary.
MINUTES
Regular Meetingof uMarch 16, a1982:
It was moved by Concilman Husdorfer, seconded by Councilman
Buchheim that the Minutes of the Regular Meeting of March 16, 1982,
be approved as submitted. The motion carried by the following
vote:
AYES: Councilmen Hausdorfer, Bland, Buchheim, and
Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Buchheim, seconded by Councilman
Hausdorfer that all Ordinances be read by title only. The motion
carried by the following vote:
AYES:
NOES:
ABSENT
Councilmen Hausdorfer, Bland, Buchheim, and
Mayor Schwartze
None
Councilman Friess
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ORAL COMMUNICATIONS
1. RANCHO VIEJO ROAD GRADING - THE RANCH
(25) Colonel Ridgely Ryan, 31351 Los Cerritos, addressed the
Council on behalf of Robert Honeyman, owner of the property —
adjacent to The Ranch Development, and presented Mr. Honeyman's
grievance regarding the work stoppage on construction of
Rancho Viejo Road. Colonel Ryan cited safety problems and
inconveniences for residents of the area, as well as lack of
notification to Mr. Honeyman that construction was to be
stopped; further, that if satisfaction was not forthcoming,
a suit could be brought against the City.
Following discussion, staff was directed to review the area
and to implement remedial grading for safety purposes if
necessary; a letter is to be sent to residents of the area
explaining the situation and possible remedies.
WRITTEN COMMUNICATIONS
1. ASSEMBLY BILL 699 - CABLE TELEVISION DEREGULATION
(43) Council received copies of a report dated April 6, 1982, from
the City Manager, forwarding a letter from Mayors Roberts and
Siino of the cities of Antioch and Pittsburg, soliciting the
City's financial participation in the amount of $500 towards
a constitutional challenge to Assembly Bill 699, which permits
cable television operators to deregulate under certain conditions.
A copy of the Brief was requested from Rutan and Tucker, legal
counsel, and the recommendation made that no action be taken
pending further information.
The City Manager advised that the information had been received
and will be reviewed. With the concurrence of Council, Mayor
Schwartze directed that the matter be returned for discussion
at the Council meeting of April 20.
2. LEFT TURN LANE - SAN JUAN HILLS
(87) Mayor Schwartze advised of a request received from the Board
of Governors of Tract 5514, San Juan Hills, for a left turn
lane at Calle Caballero and San Juan Creek Road. With the
concurrence of Council, the matter was referred to the -
Traffic and Transportation Commission.
CONSENT CALENDAR
It was moved by Councilman Hausdorfer, 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:
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AYES:
NOES:
ABSENT:
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Councilmen Hausdorfer, Bland, Buchheim, and
Mayor Schwartze
None
Councilman Friess
1. APPROVAL OF WARRANTS
(41) The List of Demands dated April 6, 1982, Warrant Register
No. 82-101, in the total amount of $572,688.81, was approved
as submitted.
2. REPORT OF CULTURAL HERITAGE COMMISSION MEETING OF
MARCH 30, 1982
(23) The Report dated April 6, 1982, from the Secretary of the
Cultural Heritage Commission, regarding actions taken at
the meeting of March 30, 1982, was ordered received and filed.
3. REPORT OF EQUESTRIAN COMMISSION MEETING OF
MARCH 22, 1982
(23) The Report dated April 6, 1982, from the Secretary of the
Equestrian Commission, regarding actions taken at the
meeting of March 22, 1982, was ordered received and filed.
4. REPORT OF PARKS AND RECREATION COMMISSION MEETING OF
MARCH 15, 1982
(62) The Report dated April 6, 1982, from the Secretary of the
Parks and Recreation Commission, regarding actions taken at
the meeting of March 15, 1982, was ordered received and filed.
5.
IONS
,ALL FOR BIDS -
(79) As set forth in the report dated April 6, 1982, from the
Director of Public Works, the plans and specifications for
the reconstruction of the City's land outfall sewer from
the Treatment Plant to 450 feet northerly, were approved and
authorization granted to call for bids. The Engineer's
Estimate for the project is $44,000.
6. APPROVAL OF DEVELOPMENT FEE PHASING PROGRAM -
TENTATIVE TRACT 11648, FORSTER CANYON (AROSA)
(85) As set forth in the report dated April 6, 1982, from the
Director of Public Works, the request from Arosa Development
and Management, Inc., to pay development fees, specifically
sewer, plan check, and inspection fees, in conjunction with
the individual tract maps and development plans, was approved.
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PUBLIC HEARINGS
1. GENERAL PLAN AMENDMENT 82-1(C) - SCHOOL FACILITIES
MASTER PLAN
(46) This Hearing was continued from the Council meeting of
March 16, 1982.
Written Communications:
Report dated April 6, 1982, from the Director of Community
Planning and Development, recommending continuance of the
Hearing to the Council meeting of April 20, 1982.
Public Hearing:
Notice having been given as required by law, .Mayor Schwartze
opened the Public Hearing and, there being no one wishing to
address the Council and with the concurrence of Council,
directed that the Hearing be continued to the meeting of
April 20, 1982, to complete all text modifications and to
coordinate the school facilities review with Senate Bill 201
consideration.
2. GENERAL PLAN AMENDMENT 82-1(A) - PROPOSED ADDITION OF
AFFORDABLE HOUSING POLICIES TO THE HOUSING ELEMENT
(46) This Hearing was continued from the meeting of March 2, 1982.
Written Communications:
Report dated April 6, 1982, from the Director of Community
Planning and Development, recommending continuance of the
Hearing to the Council meeting of May 4, 1982, to allow for
a Council worksession on housing issues.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Hearing and, there being no one wishing to address
the Council, it was moved by Councilman Hausdorfer, seconded
by Councilman Bland and unanimously carried that a date for
a Council worksession on housing issues be set for the
Council meeting of April 20, 1982, and that the Hearing be
continued to the Council meeting of May 4, 1982.
AMENDMENT TO HOUSING OPPORTUNITIES PROGRAM
FORSTER CANYON PLANNED COMMUNITY - REZONE 80-3
(95) Written Communications:
Report dated April 6, 1982, from the Director of Community
Planning and Development, suggesting a worksession be held to
discuss and evaluate housing issues, and recommending
continuance of the Hearing to May 4, 1982, at which time the
proposed amendment to the Housing Opportunities Program
for Forster Canyon Planned Community may be addressed.
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Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Hearing and, there being no one wishing to
address the Council, it was moved by Councilman Hausdorfer,
seconded by Councilman Bland and unanimously carried that
a date for a Council worksession on housing issues be set
at the Council meeting of April 20, 1982, and that the
Hearing be continued to the Council meeting of May 4, 1982.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. HOUSING OPPORTUNITIES PROGRAM IMPLEMENTATION
(85) Written Communications:
Report dated April 6, 1982, from the Director of Community
Planning and Development, recommending continuance of the
item to allow for a Council worksession with Housing
Consultant Ralph Castaneda.
Continuance to Worksession:
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland and unanimously carried to continue the matter to the
Council meeting of May 4, 1982; a date for a worksession will
be set at the Council meeting of April 20, 1982.
PUBLIC HEARINGS CONTINUED
4. PROPOSED TEMPORARY STREET CLOSURES FOR 1OKM RUN,
MAY 22, 1982
(62) Proposal:
Approval of the 6.2 -mile route and temporary street closures
for the City's annual l0KM run is to be held on May 22,
beginning at 8:00 A.M.
Applicant:
City of San Juan Capistrano.
Written Communications:
Report dated April 6, 1982, from the Director of Recreation,
forwarding the proposed route and requesting temporary
closure of Paseo Adelanto and Camino del Avion.
Public Hearing:
Notice having been given as required by law, Mayor Schwartze
opened the Public Hearing and, there being no one wishing to
address the Council, declared the Hearing closed.
Approval of Route and Street Closures:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to approve the route as
submitted, and the temporary closure of the following streets
on May 22, 1982:
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Paseo Adelanto from 7:45 to 8:15 A.M.;
Camino del Avion between Alipaz and Via del Amo
from 8:05 to 8:50 A.M.
ORDINANCES
1. ADOPTION OF ORDINANCE 452 - GAME MACHINE CENTERS
(39) Written Communications:
Report dated April 6, 1982, from the City Clerk, advising
that the Ordinance was regularly introduced at the City
Council meeting of March 16, 1982, and was scheduled for
adoption.
Adoption of Ordinance No. 452:
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 Hausdorfer that the following
Ordinance be adopted:
ORDINANCE NO. 452, AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE - GAME MACHINE CENTERS - AN ORDINAN
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING SECTIONS 9-3.414, 9-3.415, AND 9-3.419 OF
THE MUNICIPAL CODE TO MORE PRECISELY REGULATE GAME
MACHINE USES
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Bland, Buchheim,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
2. AMENDMENT TO MUNICIPAL CODE - STANDARDS FOR DEVELOPMENT
OF TENNIS COURTS IN RESIDENTIAL DISTRICTS
(INTRODUCTION OF ORDINANCE NO. 453)
(95) Written Communications:
Report dated April 6, 1982, from the Director of Community
Planning and Development, forwarding the proposed ordinance
and advising that pursuant to Council direction on March 16,
the ordinance was modified to require a Conditional Use
Permit for night lighting of any tennis court in any
district.
Introduction of Ordinance No. 453:
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 Hausdorfer
and seconded by Councilman Buchheim that the following Ordinance
be introduced:
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ORDINANCE NO. 453, AMENDMENT TO TITLE 9 OF THE
MUNICIPAL CODE ADDING DEVELOPMENT STANDARDS FOR
TENNIS COURTS - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SECTIONS 9-2.404,
9-3.401 THROUGH 9-3.409, 9-3.414, 9-3.415, 9-3.418
THROUGH 9-3.420, 9-3.604, AND 9-3.607 OF THE MUNICIPAL
CODE, PROVIDING STANDARDS AND REVIEW PROCEDURES FOR
DEVELOPMENT OF TENNIS COURTS
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Bland, Buchheim,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
3. AMENDMENT TO MUNICIPAL CODE - FEES FOR INTERIM SCHOOL
FACILITIES- INTRODUCTION OF ORDINANCE NO. 454)
(78) written Communications:
Report dated April 6, 1982, from the City Manager, forwarding
an ordinance for administration of funds collected from
developers to finance interim school facilities for relief
of overcrowding. The proposed ordinance will require the
School District to submit a written request to be approved
by Council, which would specify the amount of funds requested,
the purpose for which funds would be used, the school site
to be benefitted, an implementation schedule, and other
information the Council might require. The report further
advised that the School District had reviewed the ordinance
and that it was returned at this time for action concurrently
with the proposed General Plan Amendment 82-1(C), School
Facilities, pursuant to Council direction of March 2, 1982.
Introduction of Ordinance No. 454:
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
Hausdorfer, seconded by Councilman Bland that the following
Ordinance be introduced:
ORDINANCE NO. 454, FEES FOR INTERIM SCHOOL FACILITIES -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-2.509 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE - FEES FOR INTERIM SCHOOL
FACILITIES
The motion carried by the following vote:
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AYES: Councilmen Hausdorfer, Bland, Buchheim,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
RESOLUTIONS
1. OPPOSITION TO ASSEMBLY BILL 2660 - COMPOS
(59) Written Communications:
Report dated April 6, 1982, from the City Manager, forwarding
a request from the South Coast Air Quality District to oppose
Assembly Bill 2660, which would increase the District Board
to 13 members and alter the method of appointment to the
Board.
Adoption of Resolution:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim that the following Resolution opposing Assembly
Bill 2660 be adopted:
RESOLUTION NO. 82-4-6-1, OPPOSING ASSEMBLY BILL 2660
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, OPPOSING ASSEMBLY BILL 2660 -
APPOINTMENT OF MEMBERS TO THE SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT, AND URGING THE MEMBERS OF THE
LEGISLATURE TO REJECT THE PROPOSAL
The motion carried by the following vote:
AYES: Councilmen Hausdorfer, Bland, Buchheim,
and Mayor Schwartze
NOES: None
ABSENT: Councilman Friess
The City Clerk was directed to forward a copy of the
Resolution to Assemblywoman Marian Bergeson and to the
South Coast Air Quality Management District.
BIDS, CONTRACTS, AGREEMENTS
1. AWARD OF CONTRACT - LANDSCAPE MAINTENANCE DISTRICTS
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1 "7"7
(38) Written Communications:
Report dated April 6, 1982, from the Director of Public
Works, forwarding the results of the bids opened March 30
for landscape maintenance of special districts.
Award of Contract:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to accept the bids as
complete and to award the contract for Landscape Maintenance
of Tracts 7673, 8485, 9382, 9284, 9373, and 7654, to the
lowest bidder, Toyo Landscaping Company of Santa Ana at an
annual cost of $46,068. The Mayor and City Clerk were
authorized to execute the agreement on behalf of the City.
2. AWARD OF CONTRACT - MAINTENANCE OF LANDSCAPING
(COOK PARK AND ORTEGA PROPERTIES)
(38) Written Communications:
Report dated April 6, 1982, from the Director of Public Works,
forwarding the results of the bids opened on March 30 for the
landscape maintenance of various City parks and parkways.
Award of Contract:
It was moved by Councilman Buchheim, seconded by Councilman
Bland and unanimously carried to accept the bids as complete
and to award the contract for landscape maintenance of the
following areas to the low bidder, Toyo Landscaping Company
of Santa Ana in the amount of $38,400:
Cook Park Playing Field; Cook Park (Ortega Properties);
and Ortega Properties Parkways.
The Mayor and City Clerk were authorized to execute the
contract on behalf of the City.
3. CITY PARKS AND PARKWAYS LANDSCAPE MAINTENANCE -
TOYO LANDSCAPING COMPANY CONTRACT EXTENSION
(38) Written Communications:
Additional Agenda Item dated April 6, 1982, from the Director
of Public Works, forwarding a request from Toyo Landscaping
Company to extend their contract for a 12 -month period for
maintenance of six City parks and various parkways. The
letter requests an increase of 6% to cover the anticipated
increases for labor and materials for the coming year. The
proposed increase would result in an additional $165 per
month for the parks and $143 per month for the parkways.
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Approval of Contract Extension:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to approve the one-year
extension of the contract for maintenance of various City
parks and parkways, effective April 1, 1982, and to approve _
the 6% cost increase as requested by Toyo Landscaping Company.
The Mayor and City Clerk were authorized to execute the
agreement on behalf of the City.
ADMINISTRATIVE ITEMS
CITY MANAGER
LIBRARY STATUS REPORT
(52) Written Communications:
Report dated April 6, 1982, from the City Manager, citing
the current status of the proposed San Juan Capistrano Public
Library and setting forth a bidding and construction schedule.
The City Manager advised that plans had been received and
the plan check would begin immediately; that the project
is on schedule.
With the concurrence of Council, Mayor Schwartze directed
that the report be received and filed.
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. INITIATION OF GENERAL PLAN AMENDMENT 82-2
(46) Proposal:
Item A: A change in the land use designation from 1.4
(Medium Density Residential) to SS (Special
Study Area) for the purpose of developing a
convention/hotel complex located on approximately
9 acres at the southeast corner of Valle and
San Juan Creek Roads.
Item B: An amendment to the Circulation Element in the
northwest area of the City, generally including
the area northerly of Junipero Serra Road, westerly
of 15 to the City boundaries.
Applicants/Property Owners:
Item A Item B
Amran N.V. Corporation City of San Juan Capistrano
35201 Camino Capistrano
Capistrano Beach, CA 92624
Written Communications:
Report dated April 6, 1982, from the Director of Community
Planning and Development, forwarding the petitions for
initiating a General Plan Amendment.
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Inclusion in General Plan Amendment 82-2:
It was moved by Councilman Hausdorfer, seconded by Councilman
Buchheim and unanimously carried to indicate that Items A
and B will be included for consideration in General Plan
Amendment 82-2, noting that such inclusion is for review
purposes only and in no way indicates an intention to either
approve or deny any item of the proposed amendment.
COMMISSIONS, BOARDS, COMMITTEES
PLANNING COMMISSION
1. REPORT OF MEETING OF MARCH 23, 1982
(67) The Report of actions taken by the Planning Commission on
March 23, 1982, was ordered received and filed.
ARCHITECTURAL BOARD OF REVIEW
1. APPOINTMENT TO FILL VACANCY
(23) Councilman Hausdorfer advised that applicants had been
interviewed by he and Councilman Bland for the existing
vacancy on the Board and Mayor Schwartze opened nominations.
Councilman Hausdorfer nominated Mr. Jan Hansen; Councilman
Bland seconded the nomination. There being no further
nominations, Mayor Schwartze declared the nominations closed.
It was moved by Councilman Hausdorfer, seconded by Councilman
Bland and unanimously carried to appoint E. Jan Hanson,
28242 Paseo Corrales, San Juan Capistrano, to fill the
vacancy on the Architectural Board of Review.
CLOSED SESSION
The Council recessed to Closed Session at 7:38 P.M., for discussion
of legal matters, the City Clerk being excused therefrom, and
reconvened at 8:30 P.M.
ADMINISTRATIVE ITEMS
CITY ATTORNEY
1. REQUEST FOR CONSIDERATION OF PROPOSED ORDINANCE
(MOBILEHOME PARK REVIEW COMMITTEE)
(23) The City Attorney advised of his attendance at an April 6
Hearing before Judge Crosby regarding a rent control ordinance
adopted by the City of Westminister, wherein Judge Crosby
rules that all administrative procedures had not been
exhausted. Mayor Schwartze reviewed the sequence of events
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regarding the City's mobile home rent control ordinance,
noting that should the City adopt a Westminister-style
ordinance, the City appeal of the ruling declaring the
current ordinance invalid would be withdrawn. Council
discussed concerns regarding the litigation, the problems _
faced by mobilehome park residents, and time constraints.
Stuart Parker, Attorney for Westminister and residents of
San Juan Mobile Estates and Rancho Alipaz, addressed the
Council to urge adoption of a Westminister-style ordinance.
Following discussion, it was moved by Councilman Bland,
seconded by Councilman Hausdorfer and unanimously carried to
set a meeting for May 26, 1982, at 7:00 P.M., in the City
Council Chamber, to discuss litigation occurring on the
mobilehome park ordinance.
COUNCIL REMARKS
1. PERIPHERAL CANAL
(94) Councilman Buchheim advised that he and the City Manager
had attended a League of California Cities meeting regarding
the Peripheral Canal.
2. INFORMATIONAL MEETING - SERRA
(79) Councilman Buchheim noted that an informational meeting
regarding the history, current operations, and future
of the Southeast Regional Reclamation Authority will be
held on April 8 at 7:00 P.M., at Marco Forster Junior
High School.
3. TRAFFIC SIGNALIZATION - 1-5 FREEWAY RAMPS AT ORTEGA HIGHWAY
(87) In response to a City letter regarding signal modification
at the Ortega Highway/I-5 Freeway ramps, Councilman Bland
noted receipt of a letter from the California Department
of Transportation regarding widening of the southbound
Ortega Highway freeway off -ramp. He advised that the
Caltrans letter did not mention the signal modification
and requested clarification of the status of the project.
DEVELOPMENT FEE STRUCTURE
(85) Councilman Hausdorfer noted communications and press
articles stating that San Juan Capistrano's development
fees are the highest in Orange County. The City Manager
advised of information received from the Building Industry
Association listing San Juan Capistrano as third. Council
directed that a letter be prepared to Mr. Ferguson of
CEEED in defense of the City's fees.
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5. PARKING ON RANCHO VIEJO ROAD
(64) Councilman Hausdorfer cited parking problems on Rancho
Viejo Road in front of Village San Juan and noted his
concerns for safety. Staff was requested to review the
situation.
6. CAMINO CAPISTRANO BRIDGE
(74) Mayor Schwartze noted that funding has been received from
the County to complete design for the Camino Capistrano
Bridge project.
7. WRITTEN COMMUNICATIONS
(76) Mayor Schwartze noted the following:
Receipt of a resolution from the City of Richmond,
to be placed on the next agenda, regarding stricter
controls over large vehicles and trucks travelling
through cities;
Receipt of a letter and sample Assembly Bill, regarding
off-track betting, which was referred to the City
Attorney for report at a later date;
Receipt of communications regarding Assembly Bill 699,
deregulation of cable television;
Receipt of a letter from Los Angeles Councilwoman
Joy Picus, regarding America Beautiful's Fight
Litter Project.
8. BOARD OF SUPERVISORS HEARING - SOUTH COUNTY AIRPORT
(88) Mayor Schwartze advised that he will attend the 9:30 A.M.
Board of Supervisors Hearing on April 7. Council approved
the letter to be presented to the Board.
9. CHAMBER OF COMMERCE CHALLENGE - SOFTBALL GAME
(29) In response to the City Manager, the Council accepted the
Chamber of Commerce challenge to a softball game to be held
on Friday, June 4.
CLOSED SESSION
The Council recessed to Closed Session at 9:13 P.M., for discussion
of personnel matters, the City Clerk being excused therefrom, and
reconvened at 9:38 P.M.
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ADJOURNMENT
There being no further business before the Council, the meeting
was adjourned at 9:38 P.M. to the next meeting of Thursday,
April 15, 1982, at 7:00 P.M. in the City Council Chamber.
ATTEST:
SCHWARTZE,
Respectfully submitted,
i
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