75-0806_CC_Minutes_Regular Meeting43
AUGUST 6, 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 7:00 P.M. in the City Council Chamber, followed
by the Pledge of .Allegiance to the Flag. Invocation was given by
Mayor James K. Weathers.
ROLL CALL: COUNCILMEN PRESENT
COUNCILMEN ABSENT:
James K. Weathers, Mayor
John B. Sweeney, Mayor pro tem_
Councilman Roy L. Byrnes
Councilman Douglas B. Nash
Councilman Yvon O. Heckscher
STAFF PRESENT: James S. Mocalis, City Manager; William D. Murphy,
Director of Public Works/City Engineer; Larry Lawrence, Assistant
Planner; John O'Sullivan, Director of Administrative Services;
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 July 16, 1975, be approved as submitted.
It was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of July 21, 1975, be approved as submitted.
It was moved by Councilman Nash, seconded by Councilman Byrnes
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of July 23, 1975, be approved as submitted.
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried that the Minutes of the Adjourned Regular
Meeting of July 30, 1975, be approved as submitted.
MINUTE FORMAT
It was the consensus of the Council that under the section entitled
"Recess and Reconvene" future Minutes merely reflect that the
Council recessed, rather than stating, "Council recessed for a
coffee break. . ."
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried that all resolutions and ordinances be
read by title only.
ORANGE COUNTY,HEALTH PLANNING COUNCIL - PRESENTATION
Mr. -John C. Gibson, City representative to the Orange County
Health Planning Council, presented a copy of the 1975 Orange
County Health Services Plan, with the suggestion that the Plan
be forwarded to the Planning Commission for use as reference
material.
BIDS, CONTRACTS, AGREEMENTS
1. PUBLIC WORKS VEHICLE STORAGE BUILDING - REJECTION OF BIDS
Council received copies of a report dated August 6, 1975,
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from the Director of Public Works setting forth the results
of bids opened on July 25, 1975, for the proposed Public
Works Vehicle Storage Building. Three bids were received;
however, each bid was found to contain errors.
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried that all bids received for
the proposed construction of the Public Works Vehicle Storage
Building be rejected, and the City Engineer authorized to
re -advertise the project.
PUBLIC HEARINGS
1. PROPOSED HOME WARRANTY PROGRAM (CONTINUATION)
Notice having been given as required by law, Mayor Weathers
declared the Public Hearing re -opened on the proposed
adoption of an ordinance requiring sellers of new residential
dwelling units to provide home warranties to insure against
faulty workmanship and materials and major construction
defects. The matter is continued from the Council meeting
of June 18, 1975. Mayor Weathers inquired if anyone in the
audience wished to address the Council and the following
persons did so:
1. Manuel Perez, Director of Governmental Affairs
for the Building Industry Association. Mayor
Weathers directed that the City Manager provide
Mr. Perez with a copy of the minutes of the
Home Warranty Committee meeting held August 4th.
2. Roger Grable, representing Mission Glen Homes,
a Robert Maurer subdivision.
There being no one else wishing to address the Council,
Mayor Weathers declared the Public Hearing closed with the
right to re -open at any time.
Council received copies of the proposed Home Warranty Program
ordinance as revised on August 5, 1975. Councilman Sweeney
advised -that the major points considered by the Committee
were the amount of bond required by builders, the effect of
a builder's participation in the National Association of
Home Builders warranty program, the size of developments to
be included in the program, and the inclusion of a section
in the ordinance dealing with arbitration of disputes.
After general Council discussion, Mayor Weathers directed
that the matter be tabled and the Public Hearing continued
to the next regular meeting date of Wednesday, August 20,
1975. Mr. Perez and Air. Grable are to be provided with
copies of the proposed ordinance, including the latest
revisions.
2. EMPLOYEES CLASSIFICATION AND SALARY PLAN - AMENDMENTS
Notice having been given as required by law, Mayor Weathers
declared the Public Hearing open on the proposed amendments
to the City's Salary Plan and advised that the items under
consideration are a 6% salary increase for all employees
with the exception of the City Manager and the City Clerk,
and the addition of a "floating holiday." Mayo:• Weathers
inquired if anyone in the audience wished to address the
Council on this matter. There being no response, the
Mayor declared the Public Hearing closed..
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mir!A
UTION NO, 75-8-6-1: AMENDING EMPLOYEES' CLASSIFICAT
nivu oxtl,H111 Y11t N - t1 nGC,VLUI.CVA UT ,1,11,, UI"I,I uUU1VUIL UN
CITY OF T_J1J1T1A' CAPISTRANO, CALIFORNIA, AMENDING THE
EMPLOYEES' CLASSIFICATION AND SALARY PLAN
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried that, with the incorporation
of the changes suggested in the City Attorney's memorandum
of August 6, 1975, Resolution No, 75-8-6-1 be adopted,
3. ESTABLISHMENT OF DEVELOPMENT FEES AND BONDING SCHEDULES
Notice having been given as required by law, Mayor Weathers
declared the Public Hearing open on the proposed establish-
ment of development fees and bonding schedules for the
processing of development plans, divisions of land,
administrative matters, and construction inspections, The
Mayor inquired if anyone in the audience wished to address
the Council on this matter; and, there being no response,
declared the Public Hearing closed with the right to re -open
at any time.
Council discussed the report dated August 6, 1975, received
from the Public Works Director and the need for clarification
in portions of the proposed Resolution,
Mayor Weathers declared the Public Hearing continued to the
next regular meeting date of Wednesday, August 20, 1975.
4. LAND USE MANAGEMENT CODE (CONTINUATION)
Notice having been given as required by law, Mayor Weathers
declared the Public Hearing re -opened on the proposed Land
Use Management Code and Official Zoning Map and inquired if
anyone in the audience wished to address the Council on
this matter; there being no response, the Mayor declared the
Public Hearing closed.
Council considered the report dated August 6, 1975, from the
Director of Planning forwarding a list of items designated
for reconsideration and/or Planning Commission recommendation,
It was moved by Councilman Byrnes, seconded by Councilman
Sweeney and unanimously carried that the report be referred
to the Planning Commission for further recommendation to
the Council; the City Council reserves the right to send a
supplemental report to the Planning Commission.
ORDINANCES
1. ESTABLISHING CITY BOARDS AND COMMISSIONS (INTRODUCTION)
Council received copies of a report dated August 6, 1975,
from the City Manager forwarding copies of a proposed
ordinance establishing uniform procedures for all City
boards and commission. It was the consensus of the Council
that the following amendments be made to the ordinance:
(a) Membership:
Section 1. B. Service: Strike the words 11 . , at the
pleasure of the City Council." and insert the words
". . . for a one year term."
Section 1. E. Absence of Members: In the first paragraph,
insert the word "sufficient" between "without" and
"cause." In the second paragraph, insert the words "of
sufficient cause" after the words ". . . excused
absence . . ."
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(b) Architectural Board of Review:
ection ewor as follows: "To implement
or amend the Design Element of the General Plan."
(c) Cultural Heritage Commission:
ection . Membership: hange the wording from
at least Tive of whom shall be ." to
two (2) of whom are not required to be ."
Section 3.D. (2): Reword the last sentence as follows:
"The Commission shall notify the owner of any item on the
list of any special City requirements applicable to their
property."
(d) Development Review Board:
The Deve opment Review Board and the Environmental
Review Board are to be combined into one Board. The
present Section 4.C. (1) is to be added to the
Environmental Review Board as Section C. (7) when
reworded as follows: To process development applica-
tions, and to insure that development projects have
been reviewed prior to consideration by the Planning
Commission."
(e) Traffic Commission is to be retitled "Traffic and
Transportation Commission,"
Section D. Insert the words "and including
public parking facilities" between the words ". .
circulation matters" and "for development projects."
ORDINANCE NO. 292: ESTABLISHING CITY BOARDS AND COMMISSIONS
N ORDINANCE OF THE CITY OF PI N, CALIFORNIA,
CREATING AND ESTABLISHING POWERS AND RESPONSIBILITIES FOR
CITY BOARDS AND COMMISSIONS was read by title by the City
Attorney.
It was moved by Councilman Byrnes and seconded by Councilman
Nash that Ordinance No. 292 be introduced. The motion
carried by the following vote:
AYES: Councilmen Byrnes, Nash and Mayor Weathe7rs
NOES: Councilman Sweeney
ABSENT: Councilman Heckscher
Councilman Sweeney stated for the record that he had cast
a negative vote due to the fact that citizen members were
not included on the Development Review Board and the
Environmental Review Board.
Councilman Sweeney requested receipt at least semi-annually
of attendance records for Council appointed Committees and
Commissions.
WRITTEN COMMUNICATIONS
1. REFUSE REMOVAL - REQUEST FOR RATE I
Council received copies of a letter received on July 3, 1975,
from Truman W. Smith Disposal Company requesting a 50Q per
month, per unit increase in the current rate for residential
refuse removal. It was the consensus of the Council that
the request and a financial report be referred to staff for
report to the Council.
2. PARKS AND RECREATION - PROPOSED FACILITIES AT LONG PARK
Council received copies of a petition dated July 22, 1975,
in opposition to the proposed installation of picnic and
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rest room facilities at the intersection of Via Los
Pajaros and Camino Capistrano. Letters on this subject
were also received from the following residents:
1. Mr. and Mrs. Earl Dowell, 31242,Paseo Olivos,
requesting consideration of relocation of the
public facilities and effective traffic
control measures.
2.. Mr. and Mrs. M. G. Armstrong, 31311 Paseo
Naranja, withdrawing their names from the
petition.
3. Mrs. Vinton Frost, President of the Casa Capistrano
Association, Inc., advising that the petition does
not represent an official action of the Board of
Directors of the Association.
Council directed that the petition and letters be received
and filed.
3. SAN JUAN CAPISTRANO LIBRARY
Council received copies of a letter dated July 25, 1975, from
the Friends of the Library regarding the lack of space at
the Branch Library in El Adobe Plaza. Mayor Weathers
directed the City Manager to submit another report to the
Council on the possible use of the Westport Design Center
located on Camino Capistrano as an interim library site.
ORAL COMMUNICATIONS
1. PARKS AND RECREATION - PROPOSED FACILITIES AT LONG PARK
Mr. Bill Fischer, 21192 Paseo Acacia, member of the Casa
Capistrano Association, Inc., addressed the Council regarding
the petition referred to in "Written Communications," and
apologized for the emotional tone of the petition. Mr.
Fischer stated.that the developer of the Casas had donated
funds for a neighborhood park and that the Association would
like to participate in the planning of a neighborhood park.
Mayor Weathers requested that the Public Works Director
meet with Mr. Fischer to go over park plans.
Manuel Perez also addressed the Council on this subject to
inquire if the Long Park project would be subject to review
by the Architectural Board of Review.
2. PARKS AND RECREATION - PROPOSED NAME FOR LONG PARK
Gloria Rogers, 30131 Branding Iron Road, addressed the
Council to recommend that the name of Robert McCollum would
be appropriate for the area known as Long Park.
RECESS AND RECONVENE
Couacil recessed to an Executive Session at 8:55 P.M. for discussion
of legal matters and reconvened at 9:20 P.M.
TRACT 8485 (STANDARD -PACIFIC) PUBLIC HEARING DATE SET
Mayor Weathers announced the setting of a Public Hearing for
the Regular Council Meeting of October 1, 1975, for the purpose
of determining whether Tentative Tract Map 8485 (Standard -Pacific
Corporation) is consistent with the City's General Plan. The
proposed Tract is a 38 -acre parcel of land fronting the
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439
Ortega Highway located approximately two miles east of
the intersection of the Ortega Highway and the San Diego
Freeway.
CONSENT CALENDAR
Councilman Sweeney commented on City investments as listed on
the List of Demands and requested that Council receive a
memorandum from City Treasurer Charles Neal regarding City
investment procedures.
It was moved by Councilman Byrnes, seconded by Councilman Sweeney
and unanimously carried that the staff recommendations be
approved with regard to the following matters:
1. APPROVAL OF WARRANTS OF AUGUST 6, 1975
The List of Demands dated August 6, 1975, Warrant Nos. 5481
through 5589, inclusive, and 1911 Act Account Warrant
Nos. 0160, 0161, 0162, 0163, and 0164, in the total amount
of $498,975.55, were approved as submitted.
2. REPORT OF PLANNING COMMISSION ACTIONS FOR JULY 15, 1975
The Report of actions taken by the Planning Commission at
their regular meeting of July 15, 1975, was received for
information.
3. ORANGE COUNTY HEALTH PLANNING COUNCIL -
RECONFIRMATION OF APPOINTMENT TO ASSEMBLY OF DELEGATES
The appointment of John C. Gibson as the City's representative
to the Orange County Health Planning Council Assembly of
Delegates is reconfirmed and the Mayor authorized to sign
a letter so advising the Planning Council.
4. REQUESTS FOR PERMITS FOR DOOR-TO-DOOR SOLICITATION
The requests received from the following service, charitable
and religious organizations for permission to solicit for
funds within the City are approved, contingent upon receipt
of completed application forms:
(a) Girl Scout Council of Orange County, Calendar Sales,
October 31 - November 24, 1975.
(b) Orange County Epilepsy Society, Month of
November, 1975.
(c) Cystic Fibrosis Foundation, August 15 -
September 15, 1975.
(d) Leukemia Society of America, September 5 - 20, 1975.
(e) Seventh Day Adventists Community Crusade.
5. PROCLAMATION - LEUKEMIA WEEK
As requested by the Tri -County Chapter of the Leukemia Society
of America, the week of September 7 - 13, 1975, is proclaimed
Leukemia Week in the City.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. ENVIRONMENTAL REVIEW BOARD COMPOSITION
Council received copies of a report dated August 6, 1975,
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2` 1
from the City Manager reviewing the structure of the
Environmental Review Board established by Resolution
No. 73-1-22-3. It was the consensus of the Council that
the Board not be restructured.
DIRECTOR OF ADMINISTRATIVE SERVICES
1. 1975-76 FISCAL BUDGET - SCHEDULE FOR WORK SESSIONS
Council received copies of a report dated August 6, 1975,
forwarding a proposed schedule of Adjourned Council Meetings
to be held for the purpose of discussing the 1975-76 City
budget and adoption of the 1975-76 City tax rate.
It was moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried that the dates of August 13, 18,
21, 25 and 27, 1975, be set as budget work sessions; and,
the date of August 28, 1975, set as a meeting date to adopt
the 1975-76 City tax rate.
CITY COUNCIL VACATION SCHEDULES
Councilman Byrnes advised that he would be on vacation from
August 23rd to September 6, 1975.
Mayor Weathers announced that he would be on vacation from August
27, 1975, for one week.
DIRECTOR OF PLANNING
1. INITIATION OF GENERAL PLAN AMENDMENT NO. 1
Council received copies of a report dated August 6, 1975,
from the Director of Planning regarding the initiation of
the first General Plan Amendment. The Amendment would
include the following items:
(a) Consideration of a change to the land use designation
in the General Plan for a 153 -acre parcel of land
adjacent to and easterly of Tract 6427, as petitioned
by Mission Hills Ranch, Inc.
(b) An Amendment to the General Plan by the addition of
equestrian trails to the Parks and Recreation Element;
the trails to serve areas commonly known as the Misner
Tract and the valley east of San Juan Park north on the
on the Ortega. Highway. The proposed Amendment is
initiated by the Planning Commission.
(c) An Amendment to residential land use densities on
the hillside west of Del Obispo Street near Calle Aspero
and Paseo de la Paz, as initiated by the Planning Commissi
(d) An Amendment from the land use designation of Open Space
to that of Quasi -Industrial on a parcel of land at the
northeast corner of Camino Capistrano and Via Serra,
as petitioned by Ralph Marsden.
It was moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried that the first General Plan
Amendment for calendar year 1975 be initiated; the Amendment
to consist of the four projects set forth above. Mayor
Weathers advised that the initiation of the General Plan
Amendment does not constitute Council approval.
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441
DIRECTOR OF PUBI:IC WORKS/CITY ENGINEER
1. LICENSE AGREEMENT FOR STORM DRAIN PURPOSES -
1CHI ON TOP EK L S P FE R I,WA SMYTH BROS.
Council received copies of a report dated August 6, 1975,
from the Director of Public Works regarding a storm drain
to be constructed under the railroad right-of-way and the
northeasterly portion of the airport to San Juan Creek in
conjunction with the construction of the second phase of
the Smyth Bros. Project, Parcel No. 121-171-28. It is
necessary for the City to obtain a license agreement with
the railway so that the developer may commence construction;
the City will maintain the storm drain.
It was moved by Councilman Sweeney, seconded by Councilman
Byrnes and unanimously carried to approve the license
agreement between the City and the Atchison, Topeka &
Santa Fe Railway and to authorize the Mayor to execute
the agreement on behalf of the City.
2. S.E.R.R.A. BUDGETS - GENERAL FUND AND PROJECT COMMITTEE N0. 3
Council received copies of a report dated August 6, 1975,
from the Director of Public Works forwarding proposed fiscal
budgets for the S.E.R.R.A. General Fund, and for Project
Committee No. 3, the operation and maintenance of the
ocean outfall.
It was moved by Councilman Nash, seconded by Councilman
Sweeney and unanimously carried that the Southeast Regional
Reclamation Authority budgets be ratified and payments
approved as follows:
The payment of the City's $2,500 share of the
S.E.R.R.A. General Fund budget total of $15,000;
The payment of the City's $7,810 share of the
S.E.R.R.A. Project Committee No. 3 Fund budget
total of $48,600.
3. S.E.R.R.A. PROJECT COMMITTEE NO. 9 BUDGET (WATER RECLAMATION)
Council received copies of a report dated August 6, 1975,
from the Director of Public Works regarding the proposed
formation of Project Committee No. 9 which would investigate
the feasibility of establishing specific water reclamation
projects in the San Juan Basin.
RESOLUTION NO. 75-8-6-2: S.E.R.R.A. PROJECT COMMITTEE NO. 9 -
WATER RECLAMATION - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY O F. CAPISTRANO, CALIFORNIA, WHEREBY THE CITY
WOULD BECOME A MEMBER AGENCY IN S.E.R.R.A. PROJECT COMMITTEE
NO. 9 - WATER RECLAMATION
It was moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried that Resolution No. 75-8-6-2
be adopted. The Resolution approves the Project Committee
proposed budget of $7,000; Staff is authorized to include
the City's $1,667 share of the Project in the City's fiscal
year 1975-76 budget for Council consideration.
4, SCHOOL DISTRICT REGIONAL OCCUPATION PROGRAM -
USE OF CITY WATER -POLLUTION CONTROL FACILITY
Council received copies of a report dated August 6, 1975,
from the Director of Public Works advising that the
Capistrano -Laguna Unified School Districts Regional Occupa-
tion Program is interested in forming a high school class
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at the San Juan Capistrano Water Pollution Control Facility
to be taught by an employee of the plant.
It wa,i moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried to approve the concept of
joint participation between the City and the Capistrano -
Laguna Regional Occupational Program, and to direct staff
to draw up an agreement with the School District, subject
to tho approval of the City Attorney.
COMMISSIONS, BOARDS, COMMITTEES:
PARKS AND RECREATION COMMISSION
1. SURVEY QUESTIONNAIRE
Council received copies of a report dated July 31, 1975,
from the Recreation Coordinator forwarding a proposed
questionnaire to be sent to all residents of the City
in order to conduct a Parks and Recreation needs assessment.
Some amendments to the questionnaire were directed by
Council.
It was moved by Councilman Sweeney, seconded by Councilman
Byrnes and unanimously carried to approve the printing and
mailing of the questionnaire using the Pennysaver magazine.
2. NAMING OF PARKSITE ("LONG PARK")
Council received copies of a report dated August 6, 1975,
from the Director of Public Works forwarding the recommendation
of the Parks and Recreation Commission that the City declare
the area on the westerly side of Camino Capistrano in the
vicinity of Oso Road and La Zanja to be officially named
"E1 Camino Park,"
The Commission had also considered naming the area as
"Camino Capistrano Park," "Bicentennial Park," or "E1 Camino
Real Park." Council.discussion ensued of naming parksites
and plazas after notable City residents. Mr. Bob Olsen
addressed the Council in favor of naming the Long Park area
after Robert McCollum, as requested earlier in the meeting
under the "Oral Communications" portion of the agenda.
Mayor Weathers directed that this matter be tabled for
reconsideration at the Council meeting of August 20, 1975.
PLANNING COMMISSION
1. APPEAL. OF COMMISSION DECISION (EL NIDO MOBILE ESTATES)
Mayor Weathers advised that this item had been withdrawn
from the Agenda.
SIGN COA1411ITTEE REPORT
The report from the Sign Committee will be submitted for Council
consideration at the Adjourned Regular Meeting of August 13, 1975.
VIA DE AGUA TRAFFIC STUDY COMMITTEE REPORT
Council received copies of a report dated August 6, 1975, from
the Director of Public Works forwarding the results of the Via
de Agua Study Committee meetings with regard to present and
future traffic conditions on Via de Agua due to the construction
of the ,Meredith Tract, Mr. Murphy reviewed the progress of the
Committee and the study alignments, Councilman Nash explained
the complexities of the Committee's recommended alternative,
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443
Councilman Byrnes left the meeting at 10:10 P.M.
It was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried to authorize an expenditure of $15,000
toward grading costs on the Route "D" Window Hill alignment,
which would be a temporary dry weather construction road; these
funds would be used after acquiring authorization to enter the
properties. Permission to use the temporary road for construction
traffic would be for a one-year period of time.
Mr. Gary Hausdorfer, President of the Alto Capistrano Homeowners'
Association, addressed the Council to state his concurrence with
the concept of Route "D" for a one-year period of time.
Mayor Weathers set the date of Saturday, September 13, 1975, at
9:00 A.M. in the City Council Chamber for a joint City Council/
Planning Commission study session to review the proposals.
TRAFFIC - ORTEGA HIGHWAY REPORT
Council received copies of a report dated August 5, 1975, from
Councilman Nash entitled "Proposal for City -Conducted Improve-
ments to Two Sections of Ortega Highway Within City Limits."
The report outlines proposed remedies for straightening the
dangerous curves on the Highway, since improvements to be made
by the California Department of Transportation are delayed
indefinitely.
It was moved by Mayor Weathers that the report be referred to
the Public Works staff for coordination with Councilman Nash.
The motion failed for lack of a second.
It was moved by Councilman Sweeney, seconded by Mayor Weathers
and unanimously carried that staff be directed to examine the
plan and come back with a refined cost estimate.
COUNCIL REMARKS
1. CITY PROJECTS AND PRIORITY LISTS
Councilman Sweeney suggested that a list of priority projects
for the coming year should be compiled. Councilman Nash
concurred.
2. TAX REFORM
Councilman Sweeney noted a letter from Monterey, California,
setting forth fundamental property tax reform.
3. PLAZA OF SAN JUAN
Councilman Nash noted a letter from Mr. Parker, Chairman of
the Bicentennial Committee for the Orange County Lawyers
Association, offering his services to the City in order to
perform research to ascertain whether certain property in
the City is privately or publicly owned.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 10:35 P.M. to the next meeting date of Wednesday,
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444
August 13, 1975, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
MARY O. CITY CLERK
APPROVED:
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