00-0404_CC_Minutes_Regular Meeting025
APRIL 4, 2000
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85)
Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by
statute:
Pursuant to Government Code Section 54957, the City Council will conduct a
performance evaluation of the City Manager.
RECESS UNTIL 7:00 P.M. BUSINESS SESSION.
The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was
called to order by Mayor Campbell at 7:02 p.m. in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Pastor Brian Wood, Calvary Chapel
of San Juan Capistrano.
ROLL CALL: PRESENT: Collene Campbell, Mayor
Wyatt Hart, Mayor pro tem
Diane Bathgate, Council Member
John Greiner, Council Member
David M. Swerdlin, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City
Manager; John Shaw, Interim City Attorney; Dawn Schanderl, Deputy City Clerk; Cynthia L.
Russell, Administrative Services Director; William M. Huber, Engineering and Building Director;
Thomas Tomlinson, Planning Director; Amy Amirani, Public Works Director; Al King,
Community Services Director; Lt, Rick Stahr, Orange County Sheriffs Department; Bonnie
Sanchez, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
Mayor Campbell announced there was no action to report from the Closed Session.
INTRODUCTION PRESENTATIONS AND DONATIONS
1. RECOGNITION OF LONG-TERM_ EMPLOYEES (730.90)
Written Communications:
Report dated April 4, 2000, from the Personnel Manager, advising that Karen Crocker,
Community Services Manager, had reached 10 years of service.
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Karen Crocker was present to receive the Certificate recognizing her years of service
to the City.
2. PROCLAMATION DESIGNATING MAY 13, 2000 AS FIRE SERVICE
RECOGNITION DAY (610.40)
This item was continued until the arrival of Battalion Chief Greg Peterson later in the
meeting.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING _(110.10)
Mayor pro tem Hart introduced the following persons in attendance: Sheldon Cohen,
Planning Commission; Maryrose Winkler, Marie Buckner, Joann deGuevara, Jessica
Dean and Ethel Tregarthen, Housing Advisory Committee; and, Julie Emerson of the
Transportation Corridor Agency.
ORAL COMMUNICATIONS
(CITY COUNCIL/COMMUNITY REDEVELOPMENT AGENCY/
CAPISTRANO VALLEY WATER DISTRICT) - None
CONSENT CALENDAR
It was moved by Council Member Greiner, seconded by Council Member Hart, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The
motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES OF MARCH 7,200
The Minutes of the Regular Meeting of March 7, 2000, were approved as submitted with
an amendment to Page 8, fifth paragraph, to include clarification that the Council's
concerns regarding the Villa Paloma project would be met.
3. RECEIVE AND FILE WARRANTS OF MARCH 9. 2000 (300.30)
The List of Demands dated March 9, 2000, in the total amount of $882,560.40, was
ordered received and filed.
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4. RECEIVE AND FILE CASH BALANCES BY FUND FOR JANUARY AND
FEBRUARY 2000 330.50
The City Treasurer's Report of Cash Fund Balances for the months of January and
February, 2000, was ordered received and filed.
5. RECEIVE AND FILE INVESTMENTS AS OF FEBRUARY 29. 200035( 0.30)
The City Treasurer's Report of Investments as of February 29, 2000, was ordered
received and filed.
6. APPROVAL OF CONTINUED CITY PARTICIPATION IN THE COUNTY'S
MORTGAGE CREDIT CERTIFICATE PROGRAM FOR FIRST-TIME
HOMEBUYERS 600.50
As set forth in the Report dated April 4, 2000, from the Planning Director, the following
Resolution was adopted authorizing the City to continue to participate in the Mortgage
Credit Certificate Program with the County of Orange to assist first-time homebuyers:
RESOLUTION NO. 00-4-4-1. PARTICIPATION IN MORTGAGE CREDIT
CERTIFICATE PROGRAM -A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING CONTINUED PARTICIPATION IN THE MORTGAGE
CREDIT CERTIFICATE PROGRAM WITH THE COUNTY OF ORANGE
FOR FIRST-TIME HOME BUYERS (COUNTY OF ORANGE)
7. APPROVAL OF CONSTRUCTION LICENSE AGREEMENT -SAN JUAN MESA
VERDE HOMEOWNERS ASSOCIATION - LA NOVIAILA RONDA DRAIN (CIP
NO. 129) (600.30)
As set forth in the Report dated April 4, 200, from the Engineering and Building Director,
the Construction License Agreement with the San Juan Mesa Verde Homeowners
Association for a catch basin construction project on the west side curb line of La Novia
Avenue immediately upstream of the intersection with Paseo La Ronda, was approved
to allow the portion of the project on private property to proceed. The Mayor and City
Clerk were authorized to sign the Agreement. The License Agreement will be effective
for the period ending with the filing of a Notice of Completion or December 31, 2001,
whichever is sooner.
8. APPROVAL OF LICENSE AGREEMENT FOR JOINT USE OF ACCESS
DRIVEWAY AND PARKING IMPROVEMENTS AT THE INTERSECTION OF
CAMINO CAPISTRANO AND JUNIPERO SERRA ROAD (SILVERADO
SENIOR LIVING, INC.) (600.30)
As set forth in the Report dated April 4, 2000, from the Planning Director, the License
Agreement with Silverado Senior Living, Inc., was approved, providing for reciprocal use
of the access driveway and parking improvements.
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9. APPROVAL OF RESOLUTION ACCEPTING AN EASEMENT FROM
CALIFORNIA FIRST PROPERTIES FOR THE DOWNTOWN LIGHTING
PROJECT (670.50)
As set forth in the Report dated April 4, 2000, from the Engineering and Building
Director, the following Resolution was adopted accepting an easement from California
First Properties, owner of the Union Bank of California lot, for installation of light pole
#2 in the City's downtown pedestrian lighting project:
RESOLUTION NO. 00-4-4-2, ACCEPTING EASEMENT FOR
DOWNTOWN LIGHTING PROJECT (CALIFORNIA FIRST
PROPERTIES) - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ACCEPTING AN
EASEMENT FOR THE DOWNTOWN LIGHTING PROJECT FROM
CALIFORNIA FIRST PROPERTIES
The City Clerk was authorized to forward the Easement to the Orange County Recorder.
10. APPROVAL OF AMENDMENT TO THE AGREEMENT FOR
HYDROGEOLOGIC SERVICES FOR THE NORTH AREA DOMESTIC WELL
(RICHARD C. SLADE AND ASSOCIATES) (600.30)
As set forth in the Report dated April 4, 2000, from the Public Works Director, the _
Amendment to the Personal Services Agreement with Richard C. Slade and Associates,
for hydrogeologic services for the North Area Domestic Well was approved to
acknowledge the increased scope and amount of work required in the amount of
$13,000, for a total project cost of $35,874.
11. WITHDRAWAL OF RESOLUTION SETTING THE TIME AND DATE FOR A
PUBLIC HEARING REGARDING VACATION OF AN EASEMENT FOR
STREET AND HIGHWAY PURPOSES DECK EKUAN BILYK AND
BIRTCHER 670.50
As set forth in the memorandum from the Engineering and Building Director, the
Resolution forwarded by Report dated April 4, 2000, was withdrawn from the agenda
to allow the affected parties additional time to work on the issues.
12. APPROVAL OF RESOLUTION PROVIDING FOR THE CITY OF RANCHO
SANTA MARGARITA'S INCLUSION IN THE FOOTHILL/EASTERN
TRANSPORTATION CORRIDOR AGENCY (600.50)
As set forth in the Report dated April 4, 2000, from the Assistant City Manager, the
following Resolution was adopted supporting inclusion of the City of Rancho Santa
Margarita in the Foothill/Eastern Transportation Corridor Agency:
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RESOLUTION NO. 00-4-4-3, APPROVING ADMISSION OF THE CITY
OF RANCHO SANTA MARGARITA AS A MEMBER OF THE
FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO
THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT CREATING THE FOOTHILL/EASTERN
TRANSPORTATION CORRIDOR AGENCY FOR ADMISSION OF THE
CITY OF RANCHO SANTA MARGARITA AS A MEMBER
The following items were removed from the Consent Calendar:
AWARD OF CONTRACT FOR THE FOURTH OF JULY AERIAL FIREWORKS
DISPLAY (PYRO SPECTACULARS) (600.30)
Written Communications:
Report dated April 4, 2000, from the Community Services Director, forwarding a
contract with Pyro Spectaculars, in the amount of $13,000, for a manually -fired aerial
display.
The Community Services Director advised that staff had worked to resolve issues
associated with the past Fourth of July events, including an inadequate sound system
and the choreographing and synchronization of the music and fireworks in conjunction
with an electronically -fired display. He advised that a revised proposal had been
received from Pyro Spectaculars for an electronically -fired, synchronized and
choreographed show in the amount of $15,700. He advised that additional 4" and 5"
shells could be obtained for additional funds.
Council Member Swerdlin noted his support of the proposed improvements and
additional shells, indicating that there had been a rebate from last year's show that could
be applied.
Approval of Electronically -Fired Display/Revised Contract:
It was moved by Council Member Swerdlin, seconded by Council Member Hart and
unanimously carried to approve the revised contract for an electronically -fired,
synchronized and choreographed fireworks display, including additional funds in the
amount of $2,000 for additional 4" and 5" shells for a total contract price of $17,700.
AWARD OF CONTRACT - CITY STREET SWEEPING SERVICES
(CALIFORNIA STREET MAINTENANCE, INC.) (600.30)
Written Communications:
Report dated April 4, 2000, from the Public Works Director, forwarding a contract with
California Street Maintenance, Inc., to provide City street sweeping services for a three-
year period commencing May 1, 2000 and ending April 31, 2003, in the amount of
$213,864.
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Public Input:
(1) Debra Kaye, Sunset Property Services, 16251 Construction Circle West, Irvine,
California 92606, spoke in support of continuing the current one-year extended
street sweeping contract with Sunset Property Services. She indicated that her
company would meet the low bid submitted by California Street Maintenance,
Inc., and requested that item be continued for two weeks to allow staff time to
consider their offer.
(2) John Howhannesian, President of Sunset Property Services, responded to
Council Member Swerdlin, and advised that their offer to meet the low bid had
been deferred to this point in the hope that the original contract with the City
would be honored and consideration would be given to the number of years of
service and the state of art equipment that had been proposed.
The City Manager advised that a Request for Proposal for street sweeping services had
been conducted; that Sunset Property Services had indicated that they wished to
negotiate an extension under the existing contract; and, that staff had advised Sunset
Property Services that price was the overriding concern. He noted that their proposal
had not been competitive and staff had April 17, 2000recommended award of the
contract to the lowest proposal.
Award of Street Sweeping Service
It was moved by Council Member Bathgate, seconded by Council Member Greiner and
unanimously carried to award the City Street Sweeping Services to California Street
Maintenance, Inc., for a three-year period in the amount of $213,864.
PUBLIC HEARINGS
CONSIDERATION OF SUBMITTAL OF COMMUNITY DEVELOPMENT BLOCK
GRANT APPLICATION FOR FUNDING YEAR 2000 TO THE STATE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 480.20
Proposal:
Hearing held to receive citizen input regarding submittal of a Community Development
Block Grant Application for Funding Year 2000.
A_pplicartt.
City of San Juan Capistrano
Written Communications:
Report dated April 4, 2000, from the Planning Director, advising that the City had
received grant funding from the State totaling approximately $1.5 million over the past
two years for housing rehabilitation. The Report advised that given the amount to funds
remaining to be spent and the ability of local contractors to complete the work, the City
would be unable to spend any additional funds within the State's specified time limits.
Therefore, staff recommended that an application for funding not be submitted for
Funding Year 2000.
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The Planning Director made an oral presentation.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the public
hearing, and the following person responded:
(1) Jessica Dean, 27032-C Paseo Burladero, member of the Housing Advisory
Committee and the Mary Erickson Foundation, indicated concurrence with the
staff recommendation because the City had been so successful with its
applications to the State. She stated concern that there be assurance that a
non -application would not jeopardize future applications. She recommended that
work be started on next year's application.
There being no further response, Mayor Campbell closed the Hearing with the right to
re -open at any time.
The Planning Director indicated that not submitting an application this year did not in
any way jeopardize future applications.
Confirmation of Staff Recommendation:
It was moved by Council Member Hart, seconded by Council Member Swerdlin to
confirm the staff recommendation to not submit an application to the State Department
of Housing and Community Development for funding year 2000.
2. JOINT PUBLIC HEARING FOR CONSIDERATION OF LITTLE HOLLYWOOD
AFFORDABLE HOUSING PROGRAM GUIDELINES AND OPERATING
PROCEDURES AND AMENDMENTS TO STANDARD LEASE AGREEMENT
600.10
Written Communications:
Report dated April 4, 2000, from the Administrative Services Director, recommending
that the hearing be continued to allow time for all affected parties to review the proposed
modifications.
Continuation of Hearing:
Notice having been given as required by law, Mayor Campbell opened the public
hearing and, there being no response, it was moved by Council Member Swerdlin,
seconded by Council Member Bathgate and unanimously carried to continue this
hearing to April 18, 2000.
RECESS AND RECONVENE
Council recessed at 7:35 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 7:45 p.m.
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ADMINISTRATIVE ITEMS
PLANNING DIRECTOR
1. SELECTION OF CONSULTANT SERVICES FOR PREPARATION OF
COMPREHENSIVE REVISION TO TITLE 9 OF THE MUNICIPAL CODE
COTTONIBELANDIASSOCIATES 600.30
Written Communications:
Report dated April 4, 2000, from the Planning Director, advising that the recently -
adopted General Plan included a number of implementation measures that identified
amendments to Title 9 to achieve the vision of the City and the individual Elements of
the General Plan. The Report forwarded an agreement with CottonlBelandlAssociates
to prepare a comprehensive revision to Title 9.
The Planning Director made an oral report.
Approval of Agreement:
It was moved by Council Member Greiner, seconded by Council Member Hart and
unanimously carried to approve the Personal Services Agreement with
CottonlBelandlAssociates to prepare a comprehensive revision to Title 9 of the
Municipal Code in order to implement provisions of the recently -adopted General Plan.
The agreement will be effective for the period ending March 15, 2001 at a cost not to
exceed $78,995. The City Manager was authorized to sign the agreement on behalf of
the City.
2. APPROVAL OF CONCEPT PLAN FOR CAPITAL IMPROVEMENT PROJECT
00-772 NORTH OPEN SPACE WELL (1050.50)
Written Communications:
Report dated April 4, 2000, from the Planning Director, advising that the Capistrano
Valley Water District wishes to construct a single -story 608 -square -foot well pump
house on a the Swanner property located west of Camino Capistrano and north of
Trabuco Creek. The Report noted that the project was compatible with nearby existing
and proposed land uses and was consistent with the objectives of the Community
Design Element.
A site plan and color choices were on display and Richard Greenbauer, Assistant
Planner, made an oral presentation.
Certifying Negative Declaration/Approval of Capital Imgrovement Project:
It was moved by Council Member Swerdlin, seconded by Council Member Greiner that
the following Resolution be adopted:
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— RESOLUTION NO. 00-4-4-4, CERTIFYING NEGATIVE DECLARATION
AND APPROVING NORTH OPEN SPACE WELL IMPROVEMENT
PLAN (CAPITAL IMPROVEMENT , PROJECT 00-7721CAPISTRANO
VALLEY WATER DISTRICT) - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
CERTIFYING A NEGATIVE DECLARATION AND APPROVING THE
CAPISTRANO VALLEY WATER DISTRICT'S NORTH OPEN SPACE
WELL IMPROVEMENT PLANS FOR A 31.28 -ACRE PARCEL
LOCATED IMMEDIATELY NORTH OF TRABUCO CREEK AND WEST
OF CAMINO CAPISTRANO AND MORE PRECISELY REFERRED TO
AS ASSESSOR'S PARCEL NUMBER 121-050-019 (NORTH OPEN
SPACE WELL IMPROVEMENT)
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES. None
ABSENT: None
3. APPROVAL OF TREE MAINTENANCE AND PRESERVATION AGREEMENT
WITH SYCAMORE BUSINESS CENTER (SPAULDING) (600.30)
Written Communications:
Report dated April 4, 2000, from the Planning Director, advising that the Sycamore
Business Center property owner had submitted a tree Removal Permit for 21 Red Gum
eucalyptus trees that had been infected by the Red Gum Lerp Psyllid, subject to
replacement planting.
The Planning Director made an oral report, noting that while there was no known cure,
direct injections of insecticides could help maintain the health of an infected tree while
methods to fight the infestation are being developed. He noted that the Planning
Commission had recommended that the trees be retained due to their importance to the
community's viewshed and that the City consider assuming the cost of trying to maintain
the trees during an interim two-year period. If a permanent solution had not been
identified at the end of the two-year period, then the property owner would be allowed
to remove the trees.
Council discussed liability issues and the City Attorney advised that the only liability the
City could incur under the agreement was where a possible connection could be shown
between the actions of the contractor doing the work of maintaining the trees and the
damage itself; each damage situation would be reviewed on its own merit. Council
Member Swerdlin stated a preference fora one-yearterm on the agreement, ratherthan
the recommended two-year term, stating concerns for the City incurring ongoing
obligations.
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Public Input:
Dick Spaulding, 31511 Via Estelita, San Juan Capistrano, owner of the Sycamore
Business Park, noted that the arborist had indicated there were eight trees in poor
condition. He felt that if there was not a good chance to save those trees, it would be
better to replace them now with trees that would be a good size in two years. He also
questioned whether the City would take responsibility for cleaning up the mess caused
by the trees if the decision were made to go ahead with the Agreement. He was
advised that the cost estimate also included basic clean-up of the lerp droppings on the
ground.
Council discussed the disposition of the trees that had been identified as being in poor
condition, noting that the arborist's recommendation included removal of Tree No. 19.
Approval of Tree Maintenance and Preservation Agreement:
It was moved by Council Member Swerdlin, seconded by Council Member Greiner to
approve removal of Tree No. 19, and to approve a one-year Tree Maintenance and
Preservation Agreement with Richard and Pamela Spaulding, with an optional one-year
extension, for City assumption of all maintenance and liability associated with preserving
the trees, as identified in the Agreement, in the amount of $4,000 annually. Staff was
directed to work closely with the arborist and Mr. and Mrs. Spaulding regarding how the
other trees in poor condition would be dealt with; if it was determined there were trees
to be removed that action would be brought before the City Council.
RECESS AND RECONVENE
Council recessed at 8:15 p.m., and reconvened at 8:22 p.m.
INTRODUCTIONS AND PRESENTATIONS (CONTINUED)
PROCLAMATION DESIGNATING MAY 13 2000 AS FIRE SERVICE
RECOGNITION DAY 610.40)
This item was taken out of order from the agenda to accommodate the attendance of Battalion
chief Greg Peterson.
Written Communications:
Report dated April 4, 2000, from the Community Liaison, recommending that Saturday,
May 13, 2000, be designated as Fire Service Recognition Day.
Mayor Campbell read the Proclamation. Battalion Chief Greg Peterson was present to
accept the Proclamation.
ADMINISTRATIVE ITEMS CONTINUED
ENGINEERING AND BUILDING DIRECTOR
APPROVAL OF 1999-00 MIDYEAR CAPITAL IMPROVEMENT PROGRAM
330.40
Written Communications:
Report dated April 4, 2000, from the Director of Engineering and Building Director,
advising that the approved 1999-00 Capital Improvement Program had been reviewed
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in light of actual revenues to midyear and projected revenues to the end of the fiscal
year. The Report forwarded revised revenues and project changes for Council
consideration.
The Engineering and Building Director made an oral report.
Approval of Mid -year Program:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, and
unanimously carried to approve the 1999-00 Midyear Capital Improvement Program.
ADDITIONAL ITEM
Ortega Highway Widening Project Landscaping 800.20
It was moved by Mayor Campbell, seconded by Council Member Swerdlin and unanimously
carried to find that this item was not available prior to publication of the agenda and action was
necessary at this time.
Mayor Campbell advised a letter had been received from the Director of Caltrans indicating that
the landscaping for the Ortega Highway Widening Project was completed and was in the
warranty period. Mayor Campbell advised that photographs had been taken of the landscaping
showing the extensive erosion, unacceptable levels of plantings, and lack of watering. She
asked that a letter be written to Caltrans stating the City's feelings and forwarding the
photographs.
Preparation of Letter:
It was moved by Mayor Campbell, seconded by Council Member Swerdlin and unanimously
carried to prepare a letter to Caltrans, with a copy to the Governor, for the Mayor's signature
expressing the Council's displeasure with the condition of the landscaping associated with the
Ortega Highway widening project.
ORDINANCES - None
COUNCILMANIC ITEMS
1. REVIEW OF CITY COUNCIL APPOINTMENTS (610.80) (CONTINUED FROM
MARCH 21, 2000)
Written Communications:
Report dated April 4, 2000, from the Community Liaison, forwarding a listing of current
Council appointments.
Approval of Appointments:
It was moved by Council Member Swerdlin, seconded by Council Member Greiner and
unanimously carried to appoint Council Member Bathgate to represent the City on the
Floodplain Management Committee, the Interjurisdictional Planning Committees GMA
9 & 11 and to appoint Council Member Hart to represent the City and Council Member
Swerdlin to be the alternate on the South Orange County Reclamation Authority.
Consideration of appointment to replace Council Member Greiner on the Floodplain
Management Committee and an alternate representative to the Interjurisdictional
Planning Committee was continued to April 18, 2000.
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2. CONTINUATION OF ANNUAL REVIEW OF COMMISSIONS AND
COMMITTEES 110.20 CONTINUED FROM MARCH 21 2000
Written Communications:
Report dated March 21, 2000, and resubmitted April 4, 2000.
It was moved by Council Member Swerdlin, seconded by Council Member Greiner and
unanimously carried to continue this item to the meeting of April 18, 2000.
3. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern Corridor (800.5
Mayor Campbell stated that it was imperative that everything possible be done
toward completion of the corridor. Mr. Scarborough noted that the majority of
tickets given on Ortega Highway were to out-of-towners.
b. San Juan Basin Authority (1050.60?
Council Member Hart noted that the Authority was working on well ownership.
COUNCIL COMMENTS - None
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8.47 p.m.
to the next regular meeting date of Tuesday, April 18, 2000, at 5:30 p.m. in the City Council
Chambers.
Respectfully submitted,
DAWN SCH DERL, DEPUTY CITY CLERK
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