77-0202_CC_Minutes_Regular Meeting441
FEBRUARY 2, 1977
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
BAN JUAN CAPISTRANO, CALIFORNIA
The Regula�r Meeting of the City Council of the City of San Juan
Capistrano, California, was called to order by Mayor Nash at 7:09
P.M. in the City Council Chamber, followed by the Pledge of Alle-
giance to the Flag. Invocation was given by Councilman Richard D,
McDowell,
ROLL CALL PRESENT: Douglas B. Nash, Mayor
Yvon 0. Heekscher, Mayor pro -tem,
joined the meeting at 7:18 P.M.
Kenneth E. Friess, Councilman
Richard D. McDowell, Councilman
John B. Sweeney, Councilman
STAFF PRESENT: James S. Mocalis, City Manager; John O'Sullivan,
Director of Administrative Services/Assistant City Manager; William
D. Murphy, Director of Public Works/City Engineer; Thomas G. Merrell,
Director of Planning; James S. Okazaki, City Attorney; Mary Ann
Hanover, City Clerk.
MINUTES
Regular Meeting of January 19, 1977 -
It was moved by Councilman McDowell and secondcl by Councilman Friess
that the Minutes of the Regular Meeting of January 19, 1977, be
approved as submitted, The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, and
Mayor Nash
NOES: None
ABSENT: Councilman Heckscher
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman McDowell
and unanimously carried that all Ordinances be read by title only.
ANNOUNCEMENTS
1
USAGE
(go) Mayor Nash announced that a telegram had been received from
R.E. Morris, President, SDG&E, advising that the Gas Company
and the Public Utilities Commission are requesting that all
natural gas customers curtail all non-essential and luxury
uses of natural gas. Due to severe weather conditions in the
eastern one-half of the country, all available supplies of
natural gas are being diverted to that area. Mayor Nash request-
ed that the press receive copies of the telegram in order to
convey the message to the community at large for assistance in
alleviating the crisis. Specific actions to curtail natural gas
usage were set forth in the wire. The Director of Public Works
advised that thermometers at City Hall have been adjusted.
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BIDS, CONTRACTS, AGREEMENTS
1P
1. 1977 WEED ABATEMENT -
IPPROVAL OF SPECIFICATIONS AND CALL FOR BIDS
(74) Council received copies of a report dated February 2, 1977,
from the Director of Public Works forwarding specifications,
bid proposal, and notice inviting bids for the performance of
the annual weed abatement program.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to approve the specifications
for weed abatement services and to authorize the City Engineer
to accept bids for said services.
2. AGREEMENT FOR SURVEYING SERVICES
(74) Council received copies of a report dated February 2, 1977,
from the Director of Public Works requesting renewal of the
Agreement with South Coast Engineering Services for the pro-
vision of construction staking. The proposed Agreement is
open ended rather than having an automatic termination date.
The Director of Public Works advised that the cost of services
during 1976 was $1,350 and that the services are used with a
great deal of discretion.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to approve the Agreement for
Surveying Services with South Coast Engineering Services, to
authorize the Mayor to execute the Agreement on behalf of the
City and the City Clerk to attest thereto.
Councilman Heckscher arrived at 7:18 P.M.
3. DESCANSO PARK
(62) Council received copies of a report dated February 2, 1977,
from the Director of Public Works advising that D.W. Contract-
ing Company has completed the construction of Descanso Park.
Current payment status of the County -City project is as
follows:
Total Project Costs $45,792.80
Less 107o Retention 4)579.28
Total Due to Date 41,213.52
Previous Progress Payment 40,493.52
Final Progress Payment 720.00
It was moved by Councilman Sweeney and seconded by Councilman
Friess that the following Resolution, being:
RESOLUTION NO. 77-2-2-1
.FAA& kbAN JUAA UALL& A -b,31 01VI-) - R nZOVIjUll
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR
THE CONSTRUCTION OF DESCANSO PARK (SAN JUAN
CREEK REST STOP)
be adopted. The motion carried by the following vote:
AYES- Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
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The Resolution determines that the project has been completed
in accordance with the contract documents and declares the
work to be accepted, directs that within 10 days from the date
of acceptance a Notice of Completion be filed with the Orange
County -Recorder, and determines the total amount of work per-
formed under the contract is $45,792.80.
-It-was moved by Councilman Sweeney, seconded by Mayor Nash and
-unanimously carried to direct Staff to make payment to D.W.
Contracting Company in the amount of $4,579.28 upon the expira
tion of 35 days from the filing of the Notice of Completion.
Council commended the City Staff for the project and requested
thatp if necessary, corrective measures be underLaken to remove
the furrows created by dunebuggy drivers.
3. AUDITING SERVICES
REQUEST FOR PROPOSALS
(22) Council received copies of a report dated February 2, 1977,
from the Director of Administrative Services/Assistant City
Manager forwarding proposed audit specifications and copies of
a proposed Agreement for Auditing Services for a 3 -year term,
and recommending that the City negotiate with the current
auditor, Arthur Young and Company.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to approve the financial a;idit
specifications and direct the Director of Administrative Services
to call for bids inder the terms of a one-year Auditing Services
Agreement.
PUBLIC HEARINGS
I
(28) Council received copies of a report dated February 2, 1977, from
the Director of Planning forwarding the'recommendation made by
the Planning Commission at its meeting of January 25 that the
,-.-----.-,Council adopt the Residential Allocation Schedule for the years
1977P 19781 1979, and 1980, pursuant to Ordinance No. 314
(Residential Growth Management), and that consideration be
given to allowing carry-over dwelling unit allocations from
1977 to 1978. The Director of Planning advised that the devel-
opers listed have indicated that the allocations are acceptable.
Notice having been given as required, Mayor Nash declared the
Public Hearing open on the Residential Allocation Schedule for
1977, 1978, 1979, and 1980, and inquired if anyone in the
audience wished to address the Council. The following persons
responded:
1. Robert Mauer, 26832 Andalucia Circle, Mission Viejo,
requested that he be allowed to carry over 1977 alloca-
tions into 1978 due to time constraints.
There being no one else wishing to address the Council, Mayor
Nash declared the Public Hearing closed,
Council discussed the Commission recommendation that considera-
tion be given to some method of carrying over initial alloca-
tions from 1977 to 1978 under the following circumstances:
(1) The developer applies for consideration of carry-
over prior to a set expiration date in 1977 (e.g.,
November 1);
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444
(2) The developer proves that his inability to obtain
the allocated building permits during 1977 is due
to circumstances beyond his control;
(3) Carry-over would be from 1977 to 1978 only. No
further carry-over would be permitted.
It was the consensus of the Council that no urgency for considera-
tion of carry-over allocations has been demonstrated at the
present time and that the schedule should be followed; if prob-
lems arise later in the year, amendments to the Growth Management
Ordinance can be considered at that time.
Councilman Friess stated for the record that he would encourage
Mr. Maurer to work tract by tract to the extent possible rather
than working simultaneously on all three tracts, due to the
effect on surrounding residents; some of the Ortega Highway
traffic would be alleviated, and Arroyo could be completed at
an earlier date.
It was moved by Councilman Friess, seconded by Mayor Nash
that the following Resolution, being:
RESOLUTION NO. 77-2-2-2. RESIDENTIAL ALLOCATION
SCHEDULE - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADOPTING A RESIDENTIAL ALLOCATION SCHEDULE'.FOR
THE YEARS 1977, 1978, 1979, AND 1980 IN ACCOR-
DANCE WITH SECTIONS 5 AND 6 OF ORDINANCE NO. 314
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
ORAL COMMUNICATIONS
1. TROPOSED STONEHILL DRIVE FREEWAY ACCESS
(44) Jim Vanderhoof, 2692 Via del Rey, addressed the Council to state
that the Stonehill route proposed by the County would detract
severely from the quality of the valley and that 907a of the
traffic load would serve County territory.
2. SCHOOL BOARD MEMBER OVERTON
(78) Mayor Nash invited School Board Member Jan Overton to address
the Council. Mrs. Overton advised that she was in attendance
with regard to the Capistrano High School property which appears
later on the Agenda and expressed the School District's appre-
ciation for the traffic light installed at the intersection of
Del Obispo Street and Camino del Avion.
ORDINANCES
1. REZONE 76-11, TENTATIVE TRACT 9284
NO. 317
(85) 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 McDowell and seconded
by Councilman Sweeney that the following Ordinance, being:
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445
ORDINANCE NO. 317, REZONE 76-11 (TENTATIVE TRACT
T2_84) - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING OFFICIAL ZONING
MAP ADOPTED BY ORDINANCE NO. 293, AS AMENDED BY
ORDINANCE NO. 312, BY CHANGING THE ZONING OF LOTS
1 THROUGH 3 AND 17 THROUGH 22 OF TENTATIVE TRACT
9284 FROM GM (GROWTH MANAGEMENT) TO RS (SINGLE
-FAMILY) AND BY CHANGING THE ZONING OF LOTS 4
--THROUGH 16 OF TENTATIVE TRACT 9284 FROM GM (GROWTH
MANAGEMENT) TO 90 -RS (20,000)
be adopted. The motion carried by the following vote:
'AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
RESOLUTIONS
1. HISTORICAL BUILDING CODE
REQUESTING COUNTY ENFORCEMENT
(25) Council received copies of a report dated February 2, 1977,
from the Director of Administrati,re Services/Assistant City
Manager forwarding the recommendation of the Cultural Heritage
Commission that the City request immediate enforcement of
Section 104-J of the 1976 edition of the Uniform Building
Code pending adoption of the 1976 Code by the County and City.
Current State legislation allows historical buildings to be
viewed less stringently than other buildings if the local
enforcing agency so desires.
Pamela Hallan, Administrative Aide, addressed the Council to
endorse the Commission recommendation,
It was moved by Councilman Sweeney; seconded by Councilman
McDowell that the following Resolution, being:
RESOLUTION No. 77-2-2-3. HISTORICAL BUILD
t-vjjrj �XIXVAUZDMAI - a nXiOuLlulluill Vr Inxi Ulix
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA1 REQUESTING COUNTY ENFORCEMENT OF
THE HISTORICAL BUILDING CODE
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES- None
ABSENT: None
2. ADDENDUM TO ORANGE COUNTY SOLID WASTE
MANAGEMENT PLAN
(45) Council received copies of a report dated February 2, 1977,
from the Director of Public Works forwarding a letter dated
December 22, 1976, from the County General Services Agency
requesting City approval of an addendum to the Solid Waste
Management Plan. The Plan was adopted by the City Council on
February 4, 1976.
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It was moved by Councilman McDowell; seconded by Councilman
Heckscher that the following Resolution, being:
RESOLUTION NO. 7
"noin �1 - � "�Qv�ulxvll VX Ann ��11 �Vvlx�
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CONCURRING IN THE ADDENDUM TO THE COUNTYSOLID
WASTE MANAGEMENT PLAN
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Hecksche.�,, and Mayor Nash
NOES: None
ABSENT: None
3. ENDORSING COUNTY PRIORITY PLAN -
PARK BOND ACT OF 1976
(62) Council received copies of a report dated February 2, 1977,
from Tom Baker, Recreation Coordinator, forwarding a proposed
Resolution endorsing the Orange County Priority Plan of Expen-
diture for funds derived from the Park Bond Act of 1976. Based
on population, the City's share of funds is approximately
$39,129. At their meeting of Janu,�.ry 26, 1977, the Park and
Recreation Commission recommended that the funds be utilized
for relocation and renovation of the San Juan Hot Springs
Dance Hall so that the building may be used as a recreation
facility and community meeting place. It is proposed that the
Dance Hall would be relocated behind the Planning Department
offices and that an expenditure of $2,000 be authorized for
an engineering study to determine the extent of renovation.
Councilman Friess suggested that the building be located near
the recently -completed Descanso Park and that the bamboo area
be reclaimed for this purpose and noted that the potential
for nighttime use of the facility could prevent vandalism.
It was moved by Councilman Friess; seconded by Councilman
Sweeney to approve the recommendation of the Park and Recrea-
tion Commission and the Cultural Heritage Commission that the
San Juan Hot Springs Dance Hall be maintained as a permanent
recreation facility; that the project be proposed for funding
under the Park Bond Act of 1976 pending the results of an
engineer's report; that the sum of $2,000 be allocated for
the services of a structural engineer; and, that the following
Resolution, being:
NO. 77-2-2-5. ENDORSING PARK
.FAIVnill -FLIAn Ur - A n�ov�ul�wll WX
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPIS-
TRANO, CALIFORNIA, ENDORSING THE PRIORITY PLAN
FOR EXPENDITURES FOR JURISDICTIONS WITHIN THE
COUNTY OF ORANGE FROM THE NEJEDLY-HART STATE,
URBAN, AND COASTAL PARK BOND ACT OF 1976
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess,
Heckscher, and Mayor Nash
NOES: None
ABSENT: None
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'I
4.47
4. PROPOSAL FOR PURCHASE OF
CAPISTRANO UNION HIGH SCHOOL
(78) Council received copies of a proposed Resolution offering to
purchase the Capistrano Union High School, as requested by
Councilman Sweeney on January 26.
The Resolution proposes the payment of an undetermined sum
for the buildings located on the site, a payment of $1.00
for the land, and an agreement to lease the buildings back
to the District for $1.00 per year for the next two years at
which time the City will exercise its right to full use of
the site and buildings for continued --,public use.
Councilman Sweeney advised that the $1.00 amount listed for
the land is intended only as a means for discussion, with a
commitment on the part of the City that the land, which was
originally obtained from the landowners in the City, would
continue in public use as part of a public facility, as a
community center, and possible County library site. If the
-----proposal appears feasible, staff should be directed to obtain
the actual footage of building area required and, using the
most recent school construction costs, estimate a dollar
figure for the buildings located at the existing High School.
Councilman McDowell suggested that the City Manager and
School Suparintendent discuss the matter. Councilman Friess
noted his concern with costs involved, and Mr. O'Sullivan
advised that approximately $500,000 has been set aside in
reserve funds designated for the acquisition of a community
center site.
Jan Overton, School Board Member addressed the Council to
advise that although she could not comment on the overall
merits of the proposal, the City is aware that the District
is in short supply of classrooms and that the rooms at the
High School will be needed until a school construction bond
issue is passed. Mayor Nash advised that the City is attempt-
ing to start a progression of discussion with the District.
In response to an inquiry from Mayor Nash, Mrs. Overton advised
that it would be appropriate for the City Manager to meet with
the School Superintendent to discuss the matter, and the Mayor
so directed.
5. APPROVING TENTATIVE TRACT 9284
(SMITH/KING)
(85) It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution, being:
RESOLUT16N NO. 77-2-2-6, TENTATIVE TRACT NO. 9284
(SMITH/KING) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROV-
ING TENTATIVE TRACT MAP 9284 (SMITH/KING)
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess
NOES: Councilman Heckscher and Mayor Nash
ABSENT: None
RECESS AND RECONVENE
Council recessed at 8:37 P.M. and reconvened at 9-00 P.M. with
Councilman Heckscher absent from the remainder of the proceedings.
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CONSENT CALENDAR
The City Manager advised of corrections to be made in the total
amounts shown on the warrant list.
It was moved by Councilman McDowell; seconded by Councilman Sweeney
that the staff recommendations be accepted with regard to all items
listed on the Consent Calendar. The motion carried by the following
vote:
AYES: Councilmen Sweeney, McDowell, Friess,
and Mayor Nash
NOES: None
ABSENT: Councilman Heckscher
1. APPROVAL OF WARRANTS
(41) The List of Demands dated February 2, 1977, Warrants Nos.
8950 through 9077, inclusive, and 1911 Act Account Warrants
Nos. 0184 through 0195, in the total amount of $120,717.94,
are approved as corrected.
2
REPORT OF FUND
(41) The City Treasurer's Report of Fund Cash Balances for the
month of November, 1976, is ordered received and filed.
3. REPORT
!ION MEETING OF
(67) The Report of Actions taken by the Planning Commission at the
meeting of January 25, 1977, is ordered received and filed.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. REQUEST FOR RELEASE OF
FUNDS -
(80) Council received copies of a report dated February 2, 1977,
from the Director of Public Works forwarding a letter dated
January 20, 1977, from William D. Davenport, Pastor of the
Capistrano Valley Baptist Church. The Church is requesting
release of $16,620 in funds for reimbursement of the cost of
construction of the Master Planned Drainage Facility in Asses-
sment Area L02, pursuant to the Agreement dated September 17,
1975, The L02 Drainage Area Fund presently has a negative
balance of $229,000.
Pastor Davenport addressed the Council in support of the
request for reimbursement.
It was moved by Councilman McDowell, seconded by Councilman
Friess and unanimously carried to approve the request for
reimbursement of funds and additionally overdraw the L02
Account.
2. BERRA PROJECT COMMITTEE NO. 10
COAST HIGHWAY LAND OUTFALL (CITY OF SAN CLEMENTE)
(79) Council received copies of a report dated February 2, 1977,
from James F. Thorpe, the City's representative to the South
East Regional Reclamation Authority, regarding Project Com-
mittee No. 10, the construction of the Coast Highway land
outfall. The cost and control of the Project are the
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449
responsibility of the City of San Clemente due to that City's
inclusion in SERRA.
,It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to direct the SERRA repre-
sentative to vote against participating in Project Committee
No. 10.
3. REPORT OF SEWER HOOK-UP ON
VIA DE AGUA (MATHIS)
(80) Council received copies of a report dated February 2, 1971,
from the Director of Public Works regarding the request of
Dennis C. Mathis, 34352 Via San Juan, Capistrano Beach, for
a refund of the $425 sewer connection fee increase in conjunc-
tion with the construction of a residence on Via de Agua.
Council noted that the City had expended the sum of $125 for
rental of a television camera in order to assist Mr. Mathis in
locating the sewer lateral at the building site.
.It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to deny the request for a
refund of $425 Tor sewer connection charges.
4. REPORT ON CAPITAL PROJECTS, FISCAL YEAR 1976-77
(24) Council received copies of a report dated February 2, 1977,
from the Director of Public Works forwarding an itemized list
of the budgeted capital projects pending final concept approval,
pursuant to Resolution No. 76-6-30-1.
It was moved by Councilman Sweeney, seconded by Councilman
McDowell and unanimously carried to direct staff to prepare
a formal list of approved capital projects for fiscal year
1976-77 for review by the Council at their meeting of
February 16, 1977.
DIRECTOR OF PLANNING
1. REPORT ON BEAR BRAND RANCH, PARCEL 5-A
(21) Council received copies of a report dated February 2, 1977,
-from the Director of Planning advising that the County Plan-
ning Commission has recommended approval of a zone change for
an 89 -acre parcel of land in County territory above Sun Ranch.
The zone change is scheduled for consideration by the Board of
Supervisors during March.
The Director of Planning advised that a further report on the
property will be placed on the Council Agenda for February 16
for consideration of appropriate comments to the Board of
Supervisors regarding rezoning. Discussions will be commenced
with other agencies and property owners regarding annexation
and/or willingness to meet City concerns with access, signali-
zation, and location of residences.
It was the consensus of the Council that a further report be
submitted at the meeting of February 16 to include recommended
comments for submittal to the Board of Supervisors.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to receive and file the staff
report dated February 2, 1977.
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TRAFFIC AND TRANSPORTATION COMMISSION
1. SUBDIVISION ACCESS POLICY
(87) Council received copies of a report dated February 2, 1977,
from George Alvarez, Secretary to the Commission, forwarding
copies of the amended Subdivision Access Policy, as directed
by Council on November 17. The Policy will require each sub-
division to implement dual access routes; the condition may
be waived if recommended by the Commission and approved by the
City Council.
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to adopt the Subdivision Access
Policy as prepared by the Traffic and Transportation Commission
for inclusion in amendments to Section 4.1.3. of the Land Use
Management Code.
COUNCIL REMARKS
1.- PROPOSED PURCHASE OF PRIVATE PARK SITE
(62) Councilman Sweeney suggested that the City should investigate
the possibility of acquiring the "Mini" park site located on
Camino Capistrano, which is advertised for sale, as well as
the adjacent property which could be used as a library or com-
munity center meeting place.
2. COMMITTEE MEETING MINUTES
(23) Councilman Sweeney suggested a policy be
of Council committees formed for ad hoc
distribution to all Council members and
with minutes and related papers.
3. PRIVATE RETENTION OF OPEN SPACE
RECREATION LANDS
implemented that minutes
purposes be prepared for
that files be maintained
(62) Councilman Sweeney requested that the City Manager report on
the Municipal Improvement Act of 1913, which provides for pri-
vate retention of open space lands for recreation purposes
through the assessment district process, and the possibility of
the City adopting an ordinance to that effect.
4. TLANNING COMMISSION VACANCY
(67) Councilman McDowell suggested that new applications be requested
for Council review due to the resignation of Commissioner
Schwartze which will be effective March 1, 1977. The City Clerk
advised that a Vacancy Notice will be posted in accordance with
recent legislation.
5. LETTER TO SCHOOL DISTRICT RE
!TTENDANCE BOUNDARIES
(78) Councilman Friess had prepared a letter directed to the Board
of Trustees of the Capistrano Unified School District as
requested by Council on January 26. The Board is urged to recon-
sider its proposal to split the City into three High School
attendance areas and requests that further consideration be
given to establishing boundaries around -community designations.
It was the consensus of the Council that the Mayor be author-
ized to sign the letter on behalf of the City. Copies are to
be provided to the members of the press.
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I
RECESS AND RECONVENE
Council recessed to Executive Session for
legal and personnel matters at 9:42 P.M.,
excused therefrom, and reconvened at 10:30
ADJOURNMENT
the purpose of
the City Clerk
P.M.
451
discussing
being
There being no further business before the Council, the meeting was
adjourned at 10:31 P.M. to the next regular meeting date of Wednes-
day, February 16, 1977, at 7:00 P.M. in the City Council Chamber.
ATTEST:
DOUGLAS B,/
.,;%;KSH, MAYOR
Respectfully submitted,
-MARY ANN OVER, CITY CLERK
7"
2/2/77