75-1203_CC_Minutes_Regular MeetingDECEMBER 3, 1975
REGULAR MEETING OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council was called to order by
Mayor weathers at 7:03 P.M. in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by
Mr. Dale Hickey of the Capistrano Valley Baptist Church.
ROLL CALL: COUNCILMEN PRESENT: James K. weathers, Mayor
John B. Sweeney, Mayor pro tem
Councilman Roy L. Byrnes
Councilman Yvon O. Heckscher
Councilman Douglas B. Nash
COUNCILMEN ABSENT: None
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Director of Administrative Services; William D. Murphy, Director
of Public works/City Engineer; David J. Smith, Director of
Planning; James S. Okazaki, City Attorney; Mary Ann Hanover,
City Clerk.
MINUTES
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried that the Minutes of the Regular Meeting
of November 19, 1975, be approved as submitted.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Byrnes, seconded by Councilman Heckscher
and unanimously carried that all resolutions and ordinances be
read by title only.
PARKS AND RECREATION PROGRAM - PRESENTATION
Council received copies of a report dated December 3, 1975, from
the City Manager forwarding the Recreation Needs Assessment Study
as compiled by the Parks and Recreation Commission, the ad hoc
Citizens' Recreation Appraisal Committee, and City staff.
Jill Clark, member of the Commission, addressed the Council and
provided background information on the study sessions held in
evaluating recreation needs. The following ad hoc Committee
Chairmen addressed the Council: Carol Heim, Facilities; Brett
Shears, Active Recreation; Barbara Jean Neal, Educational and
Cultural Activities.
Minnie Surles, Commission Chariman, also addressed the Council
and set forth the recommendations presented. Mrs. Surles also
announced her intention to resign from the Commission the first
of next.year.
Council also received copies of a letter from ex -Commissioner
Jim Thorpe urging Council support of the recreation program.
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried to determine that a community recreation
program is an important objective for the City to study within
the scope of the 5 -year budget; staff is directed to immediately
initiate the programs which are totally or substantially self-
suppoxting and to meet with the Capistrano Unified School District
staff for the purpose of working out cooperative recreation
agreements, those agreements to be reviewed by the Parks and
Recreation Commission. Staff is also to investigate the possible
use by the City of the School District's taxing capacity for
recreation programs.
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Mayor Weathers thanked the persons who worked on the study and
commended them for their service to the City.
BIDS, CONTRACTS, AGREEMENTS
1. AWARD OF BID -
TON PICK UP TRUCK -
al
Council received copies of a report dated December 3, 19750
from David B. Smith, Administrative Assistant, forwarding a
compilation of bids received for a one-half ton pick-up truck
for the Engineering Division of the Public Works Department.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to accept the qualifying bid
from Roger Miller Chevrolet, Inc., in the total amount of
$4,498.11 and to reject all other bids received.
ORDINANCES
1. ORDINANCE NO. 297 - ADOPTION
ORDINANCE NO. 297: RZ 75-1, PUEBLO SERRA PLANNED COMMUNITY
GAI - PC - AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING OFFICIAL ZONING MAP AND DISTRICT
REGULATIONS ADOPTED BY ORDINANCE NO. 293, SECTION 3.1.2,
DESIGNATED AS AMENDMENT NO. 1 was read by title by the City
Attorney.
It was moved by Councilman Sweeney, seconded by Councilman
Heckscher and unanimously carried that Ordinance No. 297 be
adopted:
ORAL COMMUNICATIONS
1. SUBDIVISION DEVELOPMENT -
LEADERSIIIP HOUSING SYSTEMS
Mr. Bart Pitts, representing Leadership Housing Systems,
addressed the Council regarding the proposed development of
property located along the Ortega Highway in the vicinity of
Calle Arroyo.
2. PROPOSED AGRICULTURAL PRESERVATION PROGRAM
Randy Williams, 29931 Camino Capistrano, addressed the Council.
and presented a letter in opposition to the proposed Agricultural
Preservation Program which appears later on the Agenda.
3. Cliff Bantel, Villa San Juan, addressed the Council regarding
rising costs of rentals at mobile home parks and stated he
would like to submit a report in the near future for Council
consideration. Council suggested that the report be expanded
to include not only .local conditions but input from County-
wide and State-wide organizations.
4. AGRICULTURAL PRESERVATION PROGRAM -
PROPOSED BALLOT PROPOSITION
Marilyn Williams, 29931 Camino Capistrano, addressed the Council
and presented a letter regarding the proposed ballot proposition
which appears later on the Agenda. She suggested that the
maximum amount of City expenditure and a time frame be established
for placement on the ballot, and that taxes should be levied only
on developed land within the City.
Leo Chade, 31872 Calle Winona, addressed the Council in
opposition to the development fee of $500 per unit which
appears on the proposed ballot question as a means of financing
the Agricultural Preservation Program.
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Stuart N(`'i-; 32126 Paseo Sanchez, addressed the Council to
suggest +_-a t more time be allowed for study before this
is presented to the voters.
WRITTEN COMMUNICATIONS
1. PROPOSED OFFICIAL CITY TREE
Council received copies of a letter dated November 17, 1975,
from Natalie T. Mitchell, Secretary, San Juan Beautiful,
suggesting that the Sycamore be selected as the official City
tree.
Mayor Weathers directed that
Cultural Heritage Commission
Council.
CONSENT CALENDAR
the matter be referred to the
for study and report back to
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried to accept the staff recommendations with
regard to the Consent Calendar items as follows:
1. APPROVAL OF WARRANTS
The List of Demands, Warrants Nos. 6149 through 6211 inclusive,
and 1911 Act Account Warrant No. 0168, in the total amount of
$159,765.99, was approved as submitted.
2. REQUEST FOR SOLICITATION PERMIT -
CHILDREN'S HOSPITAL OF ORANGE COUNTY
The request received from Children's Hospital of Orange County
for permission to solicit for funds within the City is
approved for a one-month period of time, rather than on an
on-going basis.
3. REPORT OF PLANNING COMMISSION ACTIONS FOR 11/18 AND 11/25/75
The Report of actions taken by the Planning Commission at
their meetings of November 18 and 25, 1975, was received for
information.
4. REPORT OF CULTURAL HERITAGE COMMISS
WJ
The Report of actions taken by the Cultural Heritage Commission
at their meetings of November 18 and 25, 1975, was received
for information.
5. WAIVER OF BUSINESS LICENSE FEES -
AMERICAN FREEDOM TRAIN VISIT
The City Clerk is authorized to waive the payment of business
license fees in conjunction with the visit of the American
Freedom Train January 19 and 20, 1976, by the following:
(1) The American Freedom Train Foundation, Inc., as well as
its concessionaire, Jerry L. Kaltenbach Enterprises, Inc.,
and (2) local service and/or charitable organizations, as
approved by the Bicentennial Committee.
6, PROCLAMATION - BILL OF RIGHTS WEEK DECEMBER 9 - 15 1975
The week of December 9'- 150 1975, is proclaimed Bill of
Rights Week in the City.
7. PROCLAMATION - LUNG AWARENESS WEEK DECEMBER 7 - 13 1975
The week of December 7 - 13, 1975, is proclaimed Lung Awareness
Week (Christmas Seals) in the City.
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12/3/75
i
Es
RECESS AND RECONVENE
Council recessed at 8:30 P.M. and reconvened at 9:46 P.M.
DEPARTMENTAL ITEMS:
CITY MANAGER
1. CULTURAL -HISTORICAL PRESERVATION
LOS RIOS AREA PRECISE PLAN
Council received copies of a report dated December 31-1975,
from the City Manager forwarding the joint recommendation of
the Planning Commission and the Cultural Heritage Commission
relating to the Los Rios Area precise plan.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried to authorize the initiation
of the Los Rios Precise Plan program with the first step
being the preparation of a scope of work by a joint committee
of the Cultural Heritage and Planning Commissions. The study
area is to include those lands bounded by Trabuco Creek on
the west, Mission Street on the north, the Santa Fe Railroad
tracks on the east, and Del Obispo Street on the south. The
scope of work is to be completed within approximately two
months, and the report when formulated is.to be returned to
the City Council for disposition.
2. PROPOSED AGRICULTURAL PRESERVATION
Council received copies of a report dated December 3, 1975,
from the City Manager forwarding two proposals with regard
to the Agricultural Preservation Program: One refers to the
purposes, properties, process, and basis for the scope of
the program; the other refers to the Open Space and Conser-
vation Element of the General Plan. Forwarded also were
three variations of ballot measures for Council consideration.
Council also received copies of a memorandum dated December 1,
1975, from Councilman Nash suggesting certain changes to the
proposed program in order to specifically identify lands
determined to be primary for agricultural preservation. He
also suggests that the annual property tax allocation for
mobile homes be included 'in the Financing portion of the
program.
Councilman Sweeney suggested broadening the program to include
abundant open space and resource conservation and production
as depicted on page 24 of the General Plan, i.e., agriculture,
open space, creek beds, and watersheds so that there would
be multiple uses for acquired land with benefit to residents
throughout the City. He stated that the agricultural study
has been completed and Council is aware of its feasibility.
He proposed Council adoption of Option Two of the proposed
ballot measures amending it to provide for an open space and
resource conservation program which would include existing
agricultural lands. He suggested that Council return for
discussion of the matter in one week.
Councilman Nash endorsed the suggested amendments with the
addition of a specific statement that those Primary 100 acres
of agricultural land should be preserved and that other acreage
shown in the Open Space Areas for Resource Conservation and
Production Map shall be eligible for the Program.
Councilman Byrnes suggested that the word "agriculture" be
stricken from the entire ballot measure and "open space and
resource preservation" inserted, stipulating that agriculture
does not enter into it. He questioned the 100 acres of.
agricultural lands receiving a higher priority than a recrea-
tion and parks program, civic center, and various people -
oriented programs. Council members responded that agriculture
was given priority with the adoption of the General Plan and
when the decision was made that the matter be placed on the
municipal ballot.
1G
It was moved by Councilman Byrnes that the question of agri-
culture and related preservation measures be studied in
relation to the 5 -year budget prioritization program currently
under study by staff and that all ballot measures pertaining
thereto be deferred until the priority list is completed.
The motion failed for lack of a second.
Councilman Heckscher stated that the City has funded a study
for agricultural preservation, but does not have information
with regard to open space acquisition. He stated that the
voters should be notified that the primary area proposed for
agricultural preservation is the Primary 100 acres located.
off Del Obispo Street.
Councilman Nash suggested additions to the program, as follows:
Under "Properties," add,"agricultural land identified in the
agricultural study as the Primary 100 shall be preserved by
the program:' This land is shown on Figure I; and, under
"Financing," add, "the annual allocation for a $50,000 home
would be $12.50 and for a typical mobile home coach $2.06 per
year."
Councilman Heckscher pointed out that under "Process," property
owners should have the opportunity to negotiate regarding
their holdings early in the General Plan process, rather than
upon adoption of the General Plan Amendment.
Mayor Weathers stated that if the matter is placed on the
ballot in the form of both agriculture and open space, it
would not be a clear question. He stated that the costs of
agricultural preservation would probably be muchhigher than
set forth in the consultant's report and stressed the greater
need for recreational areas within the City.
It was moved by Councilman Sweeney and seconded by Councilman
Byrnes that the matter be deferred to a time certain on
Wednesday, December 10th. The motion failed by the following
vote:
AYES: Councilmen Sweeney and Byrnes
NOES: Councilmen Nash and Heckscher
ABSTAIN: Mayor Weathers
ABSENT: None
It was moved by Councilman Nash to accept Councilman Sweeney's
proposed amendments to the Program. There was no second to
the motion.
It was moved by Councilman Heckscher and seconded by Council- �.
man Nash that the Program described as an attachment to the
City Manager's memorandum dated December 3, 1975, including
the modifications presented by Councilman Nash and Sweeney
as discussed this evening, be adopted. The motion carried
by the following vote:
AYES: Councilmen Sweeney, Nash and Heckscher
NOES: Councilman Byrnes, Mayor Weathers
ABSENT: None
Ballot Measure: It was moved by Councilman Sweeney and
seconded by Councilman Nash that the ballot measure for the
March 2, 1976, municipal election read as follows:
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"PROPOSITION A 1
"In order to provide primary for an open
space conservation and agricultural f•-,C-tuation
program, should the City annually levy a pl,operty tax
of 10Q per $100 of assessed valuation and a fee on new
construction of $500 per residential unit and $2000
per acre for commercial, industrial, and institutional
construction? Land shown in the Open Space and
Conservation Element of the General Plan as 'Open Space
Areas for Resource Conservation and Production' shall
be eligible for acquisition by the City to implement
the program." The four Opinion Questions are to be
modified accordingly.
The motion carried by the following vote:
AYES: Councilmen Sweeney, Nash and Heckscher
NOES: Councilman Byrnes and Mayor Weathers
ABSENT: None
GENERAL MUNICIPAL ELECTION MARCH 2, 1976
CITY CLERK
1. ELECTION SERVICES - COUNTY OF ORANGE
RESOLUTION NO. 75-12-3-1: REQUESTING COUNTY TO PROVIDE ELECTION
SERVICES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE BOARD OF SUPER-
VISORS OF THE COUNTY OF ORANGE TO PERMIT THE REGISTRAR OF VOTERS
OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF
SAN JUAN CAPISTRANO, RELATING TO THE CONDUCT OF A GENERAL
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON MARCH 2, 1976
It was moved by Councilman Nash, seconded by Mayor Weathers
and unanimously carried that Resolution No. 75-12-3-1 be adopted.
2. CONSOLIDATION OF MUNICIPAL ELECTION -
SCHOOL DISTRICT BOND MEASURE
Council received copies of a report dated December 3, 1975,
from the City Clerk forwarding a request from the Orange County
Department of Education dated November 21, 1975, that the
Capistrano Unified School District bond election be consoli-
dated with the March 2, 1976, City election.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried to accept the request of the
Capistrano Unified School District and authorize the consoli-
dation of their bond measure with the March 2, 1976, General
Municipal Election, to direct the City Clerk to so notify the
School District, the County Superintendent of Schools, and the
Orange County Registrar of Voters. The City Clerk is also
directed to bill the School District for their share of the
election costs.
3: LENGTH
ENTS
Council received copies of a report dated December 3, 1975,
from the City Clerk regarding 1975 amendments to the Elections
Code as they pertain to Candidates' Statements. Pursuant to
the Voting Rights Act, all ballot materials will b,3 printed
in both English and Spanish.
It was moved by Councilman Nash, seconded by Councilman
Heckscher and unanimously carried to determine that the descrip -
tion contained in the individual Candidate's Statements shall
be limited to 200 words.
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It was moved Ly Cauncilman Nash, seconded by Councilman
Heckscher an(! unanimously carried to determine that each
candi,-14ttt who files a Candidate's Statement shall pay the
actual prorated costs of printing, handling and translating
of the Statement; the City Clerk is directed to provide each
candidate with a written statement of the regulations with
respect to said charges at the time the nomination papers are
issued.
The City Clerk is directed to bill each candidate who files
a Candidate's Statement for the prorated share of expense as
soon as the total costs are known. The costs are presently
estimated at $175 per candidate.
4. RESOLUTION NO. 75-12-3-2: CALLING ELECTION FOR MARCH 2, 1976
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING
OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, THE 2ND DAY OF MARCH, 1976, FOR THE ELECTION OF CERTAIN
OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS
OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND
FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY OF A
CERTAIN QUESTION, PROPOSITION OR MEASURE RELATING TO THE
PRESERVATION OF AGRICULTURE.
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried that Resolution No. 75-12-3-2
be adopted.
5. AUTHORIZATION FOR COUNCIL TO FILE A WRITTEN ARGUMENT FOR
A CITY MEASURE
Council received copies of a report dated December 3, 1975,
from the City Clerk advising that Council may designate one
or more of its members to file a written argument for or
against the Agricultural Preservation Program on behalf of
the entire City Council. The printed argument would be included
with each sample ballot sent to -the voters.
RESOLUTION NO. 75-12-3-3: 1976 MUNICIPAL ELECTION - BALLOT
ARGUMENT - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING CERTAIN OF ITS
MEMBERS TO FILE A WRITTEN ARGUMENT FOR A CITY MEASURE
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 75-12-3-3
be adopted.
It was moved by Councilman Heckscher, seconded by Councilman
Byrnes and unanimously carried that Councilmen Nash and
Sweeney be authorized to file the written argument for the
Agricultural Preservation Program, as set forth in Resolution
No. 75-12-3-3. The argument shall not exceed 300 words in
length and must be filed with the City Clerk on or before
January 5, 1976.
6. ANALYSIS OF MEASURE BY CITY ATTORNEY
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried to direct the City Clerk to
transmit a copy of the Agricultural Preservation ballot measure
to the City Attorney a-nd to direct the City Attorney to prepare
an impartial analysis of the measure. The City Attorney's
impartial analysis showing the effect of the measure on exist-
ing law and the operation of the measure will be printed
preceding the ballot arguments for and against the measure and
is not to exceed 500 words in length.
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DIRECTOR OF
ADMINISTRATIVE
SERVICES
is
1. REQUEST
FOR REFUND OF
SEWER
FEES - C -D DEVELOPMENT CORP.
Council received copies of a report dated December 3, 1975,
from the Director of Administra.Live Services forwarding a
letter dated November 7, 1975, from C -D Development Corporation
requesting a refund of sewer and water fees paid by Swan
Constructors in conjunction with the proposed development of
property on the southeast corner of Alipaz Street at Del
Obispo Street. The sewer fees are in the amount of $11,540.
It was moved by Councilman Byrnes, seconded by Councilman -
Sweeney and unanimously carried that the request for refund
be denied. The fees will be allowed as credit against sewer
connection charges at the time the land is developed; there
is no provision in either State or City codes for refund of
the fees. In addition, the fees were paid by Swan Constructors
who have advised they would protest any such payment to C -D
Development Corporation.
DIRECTOR OF PLANNING
1. PROPOSED EXTENSION OF CITY SPHERE OF INFLUENCE
Council received copies of a report dated December 3, 1975,
from the Director of Planning regarding the proposed extension
of the City's Sphere of Influence to encompass all areas in
the southerly portion of the City currently under the juris-
diction of Water District No. 4. A hearing is scheduled
before the Local Agency Formation Commission on Wednesday,
December 10, 1975, for evaluation of the City's request.
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried that, based upon the information
contained in the Sphere of Influence Report, to direct staff
to inform the Local Agency Formation Commission that the City
Council endorses the staff report and urges the favorable
consideration of the City's petition.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1.
Council received copies of a report dated December 3, 1975,
from the Director of Public Works forwarding information
relative to the proposed 1976-77 Arterial Highway Financing
Program submittals.
RESOLUTION NO. 75-12-3-4: REQUEST FOR AHFP - ORGEGA HIGHWAY -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO
INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE
DEVELOPMENT OF ORTEGA HIGHWAY
It was moved by Councilman Byrnes, seconded by Mayor Weathers
and unanimously carried that Resolution No. 75-12-3-4 be
adopted.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried to direct staff to submit the
necessary requests to the County, assigning the first priority
to the Ortega Highway project and the second priority to the
Del Obispo-Aguacate project.
RESOLUTION NO. 75-12-3-5: REQUEST FOR AHFP - DEL OBISPO
STREET/AGUACATE ROAD - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REQUESTING THE
COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY
FINANCING PROGRAM THE DEVELOPMENT OF DEL OBISPO STREET-AGUACATE
ROAD
It was moved by Councilman Byrnes, seconded by Councilman
Nash and unanimously carried that Resolution No. 75-12-3-5
be adopted.
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14 Councilman IIeckscher suggested that a method be devised whereby
the party responsible for development which incurs a need for
street improvement be responsible for the costs of such street
improvement.
PLANNING COMMISSION
1. SOUTHEAST ORANGE COUNTY CIRCULATION STUDY
Council received copies of a report dated December 3, 1975,
frau the Director of Planning forwarding a proposed City
position paper regarding County General Plan Amendments to
the Circulation and Land Use Elements as they affect the
southeast portion of the County.
RESOLUTION N0, 75-12-3-6: SOUTHEAST ORANGE COUNTY CIRCULATION
STUDY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, SUPPORTING ALTERNATIVE LAND USE
AND CIRCULATION SYSTEM NO. 4 OF THE SOUTHEAST ORANGE COUNTY
CIRCULATION STUDY
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried that Resolution No. 75-12-3-6 be
adopted, Alternate No. 4 requires the least amount of
additional freeway construction.
The City Council supports the approval of a program supported
by the City Planning Commission and directs that copies of
the Resolution be distributed to all cities in the Study Area,
to the Board of Supervisors, and to the appropriate County
Environmental Management Agency.
PARKS AND RECREATION COMMISSION
1. RESIGNATION OF COMMISSIONER THORPE
Council had previously received copies of a letter dated
November 18, 1975, from James F. Thorpe, submitting his
resignation from the Parks and Recreation Commission effective
that date. Mr. Thorpe has accepted an appointment to the
Orange County Planning Commission.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried that Commissioner Thorpe's
resignation be accepted and that staff be directed to prepare
a resolution commending Mr. Thorpe for his service to the
community for Council consideration.
RECESS AND RECONVENE - EXECUTIVE SESSION
Council recessed to Executive Session for consideration of a
personnel matter at 10:03 P.M. and reconvened at 10:53 P.M.
ADJOURNMENT
There being no .further business before the Council, the meeting
was adjourned at 10:53 P.M. to the next regular meeting date of
Wednesday, December 17, 1975, at 7:00 P.M. in the City Council
Chamber.
Respectfully submitted,
DIARY ANN' OVE , ITY CLERK
Approved: