98-0721_CC_Minutes_Regular Meeting251
July 21, 1998
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION 610.85 - 5:30 P.M.
A Closed Session was scheduled for the following purposes, as authorized by statute:
1. Pursuant to Government Code Section 549957.6, the City Council will confer with its Labor
Negotiator (City Manager) regarding Terms and Conditions of Employment (Management
and Classified Employees)
RECESS OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
MEETINGS UNTIL 7:00 P.M.
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Council Member Collene Campbell.
ROLL CALL: PRESENT: Gil Jones, Mayor
John Greiner, Mayor pro tem
Collene Campbell, Council Member
Wyatt Hart, 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. Pendleton,
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. Paul Sullivan, Orange County Sheriffs Department; and Bonnie Sanchez, Recording
Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
Mayor Jones advised there was no action to report.
INTRODUCTION, PRESENTATIONS AND DONATIONS
RECOGNITION OF FLUIDMASTER INUS MAJOR SPONSORSHIP OF SAN
JUAN SUMMER NITES CONCERT #2 FOR JULY 151998 (610.40)
Written Communication:
Report dated July 21, 1998, from the Economic Development Administrator, advising that
Fluidmaster, Inc. had donated $2,000 to support the second San Juan Capistrano Summer
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Nites Concert which had been held on Wednesday, July 15, 1998. The Report further
advised that the Fluidmaster, Inc. name had been added to a perpetual plaque
commemorating the San Juan Summer Nites Concert series' major sponsors.
Mayor Jones presented a Certificate of Appreciation to Robert Anderson Schoepe, president,
and thanked him for his generous support.
2. PRESENTATION OF 3,000 HOUR ASSOCIATED SENIORS ACTION
PROGRAM SERVICE PIN - BOB GRIS
WALD (610.40)
Written Communication:
Report dated July 21, 1998, from the Assistant City Manager, advising that Mr. Bob
Griswald, a Charter Member of the Associated Seniors Action Program, had reached the
milestone of providing 3,000 hours of volunteer service to the community since the
beginning of his service in the Fall of 1992. It was also stated that he was the Coordinator
for the Kiosk program.
Council Member Campbell presented a pin to Bob Griswold in recognition of his wonderful
service to the community.
3. SELECTION OF SAN JUAN CAPISTRANO DEPUTY OF THE YEAR (610.40}
Written Communication:
Report dated July 21, 1998, from the Assistant City Manager, advising that Deputy Frank
Nin had been unanimously nominated by his supervisors for recognition as the 1997-1998
San Juan Capistrano Deputy of the Year.
Mayor Jones recognized Deputy Frank Nin as the San Juan Capistrano Deputy of the Year
and presented him with a plaque and certificate with gratitude from the City Council.
4. PRESENTATION OF DONATION BY PACIFIC BELL TO THE CAPISTRANO
VALLEY BOYS AND GIRLS CLUB (610.40
Written Communication:
Report dated July 21, 1998, from the City Manager, advising that Pacific Bell planned to
present a donation to the Capistrano Valley Boys and Girls Club in order to further the Club's
fund-raising efforts.
Council Member Hart introduced the Pacific Bell representative who in turn presented the
Capistrano Valley Boys and Girls Club with a donation of $9,500.00.
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10}
Council Member Greiner introduced the following persons in attendance: Joann de Guevara,
Janice Palermo and Marie Buckner, Housing Advisory Committee; Don Tyron and Bill
Hardy, Cultural Heritage Commission; and Al Simmons, Senior Liaison.
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6. ACKNOWLEDGMENT OF DONATIONS (I500
Mayor Jones acknowledged a cash donation from Abbie Gail Weiser in support of
landscaping improvements at the Mini Park on Camino Capistrano, and a cash donation from
the San Juan Capistrano Friends of the Library in support of electrical enhancements at the
Library courtyard.
ORAL COMMUNICATIONS
(CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCY
BOARD OF DIRECTORS
WHISPERING HILLS/GOLF COURSE DELETION 420.10
Anita Richards, 31902 Paseo Sagrado, expressed opposition to the use of City -owned
property for a portion of the golf course in the proposed Whispering Hills development, and
requested that the Council take the proposed golf course off the table by making a statement
of opposition to the leasing of public land for such use.
Addition of Item to A enda:
Council Member Hart indicated that he would like the Council to consider taking up the
matter that Ms. Richards spoke to an as off -agenda item. The City Attorney explained that
the Council needed to make a finding of a need to take immediate action and that this need
came to the attention of the Council following the Agenda distribution. The City Manager
suggested the basis for the finding which was that the property was subject to the
moratorium; the Developer's application included a golf course on City -owned land; and,
that there was an immediate urgency to advise the developer whether the Council really
wanted City -owned land to be used as a golf course in combination with the project before
any further planning actions were initiated for this project. It was moved by Council
Member Hart, seconded by Council Member Greiner, and unanimously carried to make the
finding as expressed by the City Manager and to add the matter to the Council agenda.
Council Member Hart stated that he would not be interested in leasing, selling or being
involved in a partnership relating to a proposal to use 110 acres of City -owned land for
development of a golf course in the proposed Whispering Hills development. He felt the
City -owned land should remain open space. Council Member Greiner emphasized that just
because a developer proposed something did not mean it would become reality; there were
many processes to be completed before approvals were obtained. He concurred with Council
Member Hart that the City -owned land should remain as unimproved open space.
Statement Regarding Proposed Whispering Hills Golf Course on Cited:
It was moved by Council Member Hart, seconded by Council Member Greiner, and
unanimously carried that the City -owned land, which Concorde Development had included
as part of a golf course in the proposed Whispering Hills Development, was to remain as
unimproved open space.
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CONSENT CALENDAR
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, 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 Swerdlin, Greiner, Hart, Campbell and
Mayor Jones
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 JUNE 16, 1998
The Minutes of the Regular Meeting of June 16, 1998, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF JUNE 30 1998 300.30
The List of Demands dated June 30, 1998, in the total amount of $664,116.36, was ordered
received and filed.
4. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT
APPLICATIONS (440.10)
The Report dated July 21, 1998, from the Planning Director, advising that seven new
applications had been received since the last Report on June 16, 1998, was ordered received
and filed.
5. AWARD OF CONTRACT - CITY_ BRIDGE REPAIRS (MD CONSTRUCTION
GROUP) (CIP No. 117) (600.30
As set forth in the Report dated July 21, 1998, from the Director of Engineering and
Building, the contract for City Bridge Repairs was awarded to the low responsible bidder,
MD Construction Group, in the amount of $113,170.00. The Mayor and City Clerk were
authorized to execute the contract on behalf of the City.
6. AUTHORIZATION TO RECEIVE INFORMAL BIDS - DESCANSO VETERANS
PARK (CIP No. 465) (600.30)
As set forth in the Report dated July 21, 1998, from the Director of Engineering and
Building, Staff was authorized to receive informal bids for Descanso Veterans Park
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improvements. The City Manager was authorized to execute the contract on behalf of the
City.
7. ADOPTION OF RESOLUTION WAIVING WAIVE FORMAL COMPETITIVE
BIDDING REQUIREMENTS - SAN JUAN CREEK ROAD WIDENING EAST OF
LA NOVIA AVENUE 600.30
As set forth in the Report dated July 21, 1998, from the Director of Engineering and
Building, the following Resolution was adopted determining an urgency existed to construct
a continuous westbound right turn lane on San Juan Creek Road at La Novia Avenue:
RESOLUTION NO. 98-7-2 1 - 1, DETERMINATION TO WAIVE FORMAL
COMPETITIVE BID REQUIREMENTS - SAN JUAN CREEK ROAD
WIDENING EAST OF LA NOVIA AVENUE - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DETERMINING TO WAIVE FORMAL COMPETITIVE
BID REQUIREMENTS FOR CERTAIN WORK BASED UPON
EMERGENCY CIRCUMSTANCES
Staff was authorized to receive informal bids and the City Manager was authorized to
execute a contract on behalf of the City.
8. APPROVAL OF AGREEMENT FOR ENGINEERING SERVICES - SCADA
SYSTEM (CYBERNET CONSULTING LTD.) (600.30}
As set forth in the Report dated July 21, 1998, from the Public Works Director, the contract
for the SCADA System Enhancement Design with Cybemet Consulting, Ltd., in the amount
of $94,560.00, was approved.
9. APPROVAL OF AMENDMENT NO.2 TO AGREEMENT FOR EXCHANGE OF
FUNDS WITH ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA
600.50
As set forth in the Report dated July 21, 1998, from the Director of Engineering and
Building, Amendment No. 2 to the Agreement for the Exchange of Funds with the Orange
County Transportation Authority, was approved to reassign funding allocated to the
realignment of railroad facilities at the San Juan Creek crossing, in the approximate amount
of$1,134,339, to the following fourpriority projects: Pedestrian/Bicycle crossing at SanJuan
Creek; Drainage and Access North of Stonehill (Lower Rosan); Commuter Parking
Surveillance/Lot Metering (Depot); and, Railroad Bridge Realignment Design Completion.
10. APPROVAL OF DEVELOPMENT AGREEMENT FOR CONSTRUCTION OF
WATER FACILITIES - BURGER KING AND DEL TACO (27000 ORTEGA
HIGHWAY) (ORTEGA II (600,30)
As set forth in the Report dated July 21, 1998, from the Director of Engineering and
Building, the Development Agreement for Construction of Water Facilities with Ortega II,
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was approved. The Mayor and City Clerk were authorized to execute the Development
Agreement on behalf of the City.
11, RECEIVE AND FILE CASH BALANCES BY FUND FOR APRIL 1998 330.50
The City Treasurer's Report of Cash Fund Balances for the month of April 1998 in the total
amount of S3,3 85,057, 10 was ordered received and filed.
12. RECEIVE AND FILE INVESTMENTS AS OF JUNE 30 1998 350.30
The City Treasurer's Report of Investments as of June 30, 1998, in the total amount of,
$21,312,034.14, was ordered received and filed.
PUBLIC HEARINGS
EXTENSION OF INTERIM URGENCY ORDINANCE NO. 817 SUSPENDING
PROCESSING OF CERTAIN DEVELOPMENT APPLICATIONS TO ALLOW
PREPARATION AND ADOPTION OF UPDATE TO GENERAL PLAN (440.25)
Proposal:
Consideration of extension of Interim Urgency Ordinance No. 817 suspending processing
of certain development applications to allow preparation and adoption of an updated General
Plan.
Applicant:
City of San Juan Capistrano
Written Communications:
(1) Report dated July 21, 1998 from the Planning Director, advising that at the City
Council Meeting of June 16, 1998, an interim ordinance suspending the processing
of certain development applications while the City conducted a comprehensive
review of the City's General Plan had been adopted. The Report recommended that
the City Council adopt an interim ordinance extension of 10 months and 15 days and
direct Staff to continue the process of conducting and completing a comprehensive
review of the existing General Plan.
(2) Letter dated July 20, 1998, from Christine Diemer, the Chief Executive Officer for
the Building Industry Association of Southern California, opposing the proposed
Interim Urgency Ordinance.
(3) Letter dated July 21, 1998, from Reed Royalty, Reed Royalty Public Affairs, Inc.,
30205 Hillside Terrace, opposing the proposed Interim Urgency Ordinance.
(4) Letter dated July 21, 1998, from Nick Cammarota, General Counsel for the Building
Industry Legal Defense Foundation, opposing the proposed Interim Urgency
Ordinance on behalf of Concorde Development, developers of the proposed
Whispering Hills project.
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(5) An undated letter from Gordon and Julie Barrus, 31516 Paseo Christina, supporting
the Interim Urgency Ordinance.
Mr. Tomlinson, Planning Director, made an oral presentation in which he noted that an
extension to the Interim Urgency Ordinance was necessary in order to ensure that the
comprehensive review would not be compromised with interim decisions on development
applications. On June 16, 1998, the City Council had asked for additional information on
the scope of work to be completed, the impact of the General Plan update on other planning
projects, and the potential cost for conducting the General Plan update study. Mr. Tomlinson
addressed those requests and advised that the scope of work had been forwarded to
consulting firms; two responses had been received. Pending a complete review of the
proposals received, he estimated the cost to conduct the update would be between
$200,000.00 and $300,000.00, which the City Manager recommended be funded from the
General Fund reserves. He noted that the proposed interim urgency ordinance was designed
to support and complement the General Plan update process. It was advantageous to suspend
decisions on major land use development applications until the General Plan update process
was either complete or had reached a point that a determination could be made that the
present designation on a piece of property would not be modified. It was anticipated that a
significant amount of base line information would be presented in community workshops
within the next 6 months. The workshops would assist in the identification of issues and the
preparation of goals and policies in the future development of revised draft elements and land
use alternatives. As the information was presented to the community, staff felt it would be
appropriate for the Council to review the need to continue the interim ordinance provisions.
He therefore, recommended a status report be forwarded to the Council in 180 days on the
progress of the General Plan update.
Mr. Tomlinson noted that two letters had been received from Chapters of the Building
Industry Association. He indicated that both letters stated that provisions of the interim
ordinance should not be approved, and as an alternative, recommended that any development
not exempted from the ordinance be required to conduct a Specific Plan. He noted that
Specific Plans are an implementation tool of a General Plan. He felt the BIA assumption was
that a Specific Plan could be considered for a parcel of land and would establish the
parameters for the General Plan. He stated this would be counter to the intent of having a
General Plan. Courts had ruled that zoning documents were not to form the basis of
designing general plans, but the reverse. Mr. Tomlinson further emphasized that this is the
time to evaluate the goals and policies of the General Plan and to consider its appropriateness
in light of today's conditions.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the public hearing, and
the following persons responded:
(1) Jack Heath, 26000
Estates Residents A
Urgency Ordinance.
City Council Minutes
Avenida Aeropuerto, a member of the Capo Valley Mobile
ssociation, spoke in support of the extension of the Interim
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(2) Jerry Franks, 28671 Paseo Bahia, spoke in support of the extension of the Interim
Urgency Ordinance and explained that the concerned citizens showed their support
by wearing red ribbons.
(3) Al Simmons, 3232 Alipaz, Space 135, spoke regarding the proposed Saddleback
Valley Christian School on Alipaz, noting it was not included in the moratorium. He
requested additional review of the proposal, noting his preference that any rezoning
of property be subject to the moratorium. His concerns included the increase in the
number of students and traffic in an already crowded area.
(4) Ed Hope, 30562 Hunt Club Drive, asked for clarification whether eliminating the use
of City -owned land for the proposed Whispering Hills golf course would still leave
the development subject to the moratorium. He was advised it would remain subject
to the moratorium.
(5) Nick Cammarota, General Counsel of the Building Industry Legal Defense
Foundation, asked for a response to his letter of July 20, 1998, from the City
Attorney. The City Attorney responded that there were three issues in Mr.
Cammarota's letter; that the moratorium constitutes a taking of property; that CEQA
review was required to analyze the impacts of the moratorium; and, that the
moratorium violated the provisions of California Government Code Section 66474.2.
In response to the first issue, the City Attorney advised that even under the
moratorium there could be significant development on a piece of property. With
regard to the second issue, he felt there was an exemption for the interim ordinance
under the EIR process. With regard to the third issue, he indicated that the City was
proceeding under Government Code Section 65858, which made it clear that the City
had a legal right to look at General Plan, specific plan and rezoning changes. The
City Attorney advised the letter was a late submittal; he would review the cases
further and advise of any concerns. Mr. Cammarota stated he was not speaking on
behalf of any one developer; his letter addressed general planning principles. He
inquired which CEQA exemption applied to the City's action and was subsequently
advised that the information would be provided to him outside of the Council
meeting forum.
(6) Mark Nielsen, 31621 Via Quixote, supported the moratorium and urged the Council
and the community to be involved in the General Plan update process so that San
Juan Capistrano remained the gem of south Orange County.
(7) John Erksin, of the law firm of Nossaman, Guthner, Knox & Elliott, representing
Concorde Development, submitted and briefly summarized a letter dated July 21,
1998, objecting to the extension of the interim ordinance. He felt the ordinance
contained such an extensive list of exemptions that applying the ordinance provisions
to the Concorde development was discriminatory spot zoning.
(8) Ed Hope, of San Juan Capistrano, thanked Council and staff for an excellent job
being done for the City.
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There being no further response, Mayor Jones closed the Hearing with the right to re -open
at any time.
Council Comments:
Council Member Campbell recited the issues that had convinced her of the need to suspend
certain development application processing during review of the General Plan. She urged
members of the audience to be personally involved in the process. Council Member Hart
concurred with Council Member Campbell and stated that he had asked for this action to
assure the quality of life for the residents. Council Member Swerdlin addressed the need for
the moratorium in order to study the issues, such as traffic, schools, ridge line protection and
density. He stated that this phase of development of San Juan Capistrano was critical in that
it was the remaining 10% of the development of the City. Council Member Greiner also
supported the interim urgency ordinance extension, stating that the General Plan had served
the City well over a period of years and that it was now time to review and update it.
Introduction of Ordinance Extending Interim Urgency Ordinance:
The Deputy City Clerk 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 Council Member
Swerdlin, seconded by Council Member Greiner, that the following Ordinance be adopted:
URGENCY ORDINANCE NO. 822 EXTENSION OF INTERIM URGENCY
ORDINANCE NO. 817 SUSPENDING THE PROCESSING OF CERTAIN
DEVELOPMENT APPLICATIONS TO CONDUCT A REVIEW AND
UPDATE OF THE GENERAL PLAN - AN URGENCY ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING INTERIM
URGENCY ORDINANCE NO, 817 WHICH SUSPENDED THE PROCESSING
OF CERTAIN DEVELOPMENT APPLICATIONS IN ORDER TO CONDUCT
A COMPREHENSIVE REVIEW AND UPDATE OF THE CITY'S ADOPTED
GENERAL PLAN AND THE NEED TO INSURE THAT DEVELOPMENT
APPLICATIONS ON LARGE, VACANT PARCELS ARE NOT CONSIDERED
DURING THIS INTERIM PERIOD TO INSURE LONG-TERM LAND USE
OPTIONS REMAIN AVAILABLE TO CREATE, MAINTAIN AND SUSTAIN
A BALANCED AND VIABLE COMMUNITY BASED UPON THE FINDINGS
THAT SUCH INTERIM REGULATIONS ARE NECESSARY TO RESPOND
TO PUBLIC'S HEALTH, SAFETY AND WELFARE
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell,
and Mayor Janes
NOES: None
ABSTAIN: None
ABSENT: None
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RECESS AND RECONVENE
Council recessed at 8:07 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and reconvened at 8:08 p.m.
ADMINISTRATIVE ITEMS
None
ORDINANCES
ADOPTION OF ORDINANCE ADDING MASSAGE THERAPY AS A
CONDITIONAL USE CONDITIONAL USE PERMIT -97-21 (NATURAL
ALTERNATIVES (420.30
Written Communications:
Report dated July 21, 1998, from the City Clerk, advising that the Ordinance was introduced
at the meeting of July 7, 1998, and was scheduled for adoption.
Adoption of Ordinance:
The Deputy City Clerk 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 Council Member Hart,
seconded by Council Member Swerdlin, that the following Ordinance be adopted:
ORDINANCE NO. 823, AMENDING TITLE 9, CHAPTER 3, ARTICLE
4, SECTION 9-3.411(d) OF THE MUNICIPAL CODE - ACCESSORY
MASSAGE AND MASSAGE THERAPY - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING TITLE
9, CHAPTER 3, ARTICLE 4, SECTION 9-3.411(d) OF THE MUNICIPAL
CODE BY ADDING SUBSECTION (7) TO PERMIT ACCESSORY
MASSAGE AND MASSAGE THERAPY TO THE CT (TOURIST
COMMERCIAL) DISTRICT AS A CONDITIONAL USE.
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell,
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
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COUNCILMANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill/Eastern and San Joaquin Hills Transportation Corridor (800.50)
Council Member Campbell noted the need for extension of the Foothill Corridor to
I-5 and her efforts to assure the ultimate location was the best for San Juan
Capistrano to allow traffic relief for Ortega Highway.
b. Southeast Regional Reclamation AuthoritySf ERR_A) {_1040.60)
Mayor Jones stated that the Finance Committee had met on July 21, 1998, and the
Executive Committee met on July 201. He indicated a report will be forwarded to
the Council Members.
C. Orange County Fire Authority(540.80
Council Member Greiner stated the Executive Committee and the full Board will
meet on July 23, 1998.
d. Orange County Waste Management Commission 810.10)
Council Member Greiner stated the Commission met today with the Household
Hazardous Waste Committee to consider new locations should the Hazardous Waste
Recycling facility be moved from the Prima Deshecha site.
e. Joint Powers Insurance Authority(170.30)
Council Member Swerdlin stated the General membership meeting had occurred and
that all current Executive Board Members had been re-elected.
f. Orange County Vector Control District 560
Council Member Swerdlin noted that he had been elected Vice -Chair of the
Personnel Committee. Vector of the month was the mosquito which carried St. Louis
encephalitis and western equine encephalitis.
COUNCIL COMMENTS
COUNCIL CORRESPONDENCE 610.25
Council Member Campbell noted that two letters had been received expressing appreciation
for the Council's actions. She requested that responses be prepared.
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2. SOUTHERN EXTENSION OF FOOTHILL CORRIDOR (800.50)
Council Member Hart noted that Congressman Ron Packard was working hard for
completion of the road due to the need for traffic relief in San Juan Capistrano. Council
Member Campbell expressed her appreciation to the Congressman for his support.
3. APPRECIATION FOR SUPPORT (610.25
Council Member Greiner expressed appreciation for the support he received from the
community in response to his recent loss.
4. APPRECIATION FOR ATTENDEES (610„25
Mayor Jones expressed appreciation to the meeting attendees for their attention and the
courtesy shown during the emotional issue discussed at this meeting.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:15 p.m. to the
next regular meeting date of Tuesday, August 4, 1998, at 5:30 p.m. in the City Council Chambers.
Respectfully submitted,
CHERYL JOW4SOM, CITY CLERK
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