99-1116_CC_Minutes_Regular Meeting323
NOVEMBER 16, 1999
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 54956.9, the City Council will confer with its
Legal Counsel regarding the status of BIA, et al. v. City of San Juan Capistrano.
2. Pursuant to Government Code Section 54956.9(c), the City Council will confer with its
Legal Counsel regarding one matter.
3. Pursuant to Government Code Section 54956.9(c), the City Council will confer with its
Legal Counsel regarding one matter.
4. Pursuant to Government Code Section 54956.9, the City Council will confer with its
Legal Counsel regarding the status of Hale, et al. v. City of San Juan Capistrano.
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 Greiner at 7:04 p.m. in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Monsignor Martin.
ROLL CALL: PRESENT: John Greiner, Mayor
Collene Campbell, Mayor pro tem
Gil Jones, Council Member
David M. Swerdlin, Council Member
ABSENT: Wyatt Hart, Council Member
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, -Assistant City
Manager; John Shaw, interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Russell,
Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas
Tomlinson, Planning Director; Al King, Community Services Director; Amy Amirani, Public
Works Director; Lt. Rick Stahr, Orange County Sheriffs Department; and Bonnie Sanchez,
Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL
Mayor Greiner announced there was no action to report from the Closed Session.
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INTRODUCTION, PRESENTATIONS AND DONATIONS
ADOPTION OF RESOLUTION ESTABLISHING A SISTER CITY
RELATIONSHIP WITH CAPESTR_ ANO ITALY (140.50_)
Written Communications:
Report dated November 16, 1999, from the Mayor, forwarding the Resolution.
Mayor Greiner described his meeting with members of Club Abruzzesi & Molisani of
California. He noted the historical importance of Capestrano, Italy to San Juan
Capistrano and his desire for a Sister City relationship.
Adoption of Resolution:
It was moved by Council Member Swerdlin and seconded by Council Member Campbell
that the following Resolution extending an offer to establish a Sister City affiliation be
adopted:
RESOLUTION NO. 99-11-16-1, SISTER CITY AFFILIATION -
CAPESTRANO, ITALY - A^RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, EXTENDING
AN INVITATION TO THE CITY OF CAPESTRANO, ITALY, FOR A
SISTER CITY AFFILIATION
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Campbell and Mayor Greiner
NOES: None
ABSENT: Council Member Hart
Representatives of Club Abruzzesi & Molisani of California were present to accept the
Resolution of the City of San Juan Capistrano from Mayor Greiner.
2. PRESENTATION - BARWICK AUTOMOTIVE GROUP - PLAQUE OF
APPRECIATION (610.40
Written Communications:
Report dated November 16, 1999, from the Community Liaison, advising that Barwick
Automotive Group had donated a 1999 bodge Grand Caravan SE to the Associated
Senior Action Program for use in their patrols.
Al Parajeckas was present to accept a plaque of appreciation from Mayor Greiner.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (110.10)
Council Member Campbell introduced the following persons in attendance: Ed Johnson
and William Pichler, Planning Commission; Joanne de Guevara and Marie Buckner,
Housing Advisory Committee; Don Tryon, Jan Siegel and Bill Hardy, Cultural Heritage
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Commission; John Chestek, Water Advisory Commission; former Mayor Philip
Schwartze; Millie Jones; and, Al and June Simmons.
ORAL COMMUNICATIONS
(CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY]
None
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 Jones, Swerdlin, Campbell and Mayor Greiner
NOES: None
ABSENT: Council Member Hart
MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES
The Minutes of the Regular Meeting of October 19, 1999, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF OCTOBER 21, 1999 (300.30)
The List of Demands dated October 21, 1999, in the total amount of $1,089,201.35, was
ordered received and filed.
4. RECEIVE AND FILE CASH BALANCES BY FUND FOR MONTH ENDING
SEPTEMBER 30, 1999 (330.50)
The City Treasurer's Report of Cash Balances by Fund for the month ending September
30, 1999, was ordered received and filed.
5. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT
APPLICATIONS (440.10)
The Report dated November 16, 1999, from the Planning Director advising that five new
applications had been received since the last Report on October 19, 1999, was ordered
received and filed.
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6. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 13823 (STONEFIELD SAN JUAN LLC) (600.30)
As set forth in the Report dated November 16, 1999, from the Engineering and Building
Director, the Final Tract Map for Tract No. 13823 was approved, based on its
conformance to the requirements set forth in the Subdivision Map Act and the previously
approved Vesting Tentative Tract Map conditions. The corresponding securities were
accepted. The City Engineer and City Clerk were authorized to execute the Final Map.
The Mayor and City Clerk were authorized to execute the Subdivision Improvement
Agreement. The City Clerk was directed to forward the Map and Subdivision Agreement
to the County Recorder for recordation.
7. AWARD OF CONSTRUCTION CONTRACT - SAN JUAN CREEK HABITAT
MITIGATION PROJECT (CIP NO. 729) (REYCO EROSION CONTROL)
60( 0.30)
As set forth in the Report dated November 16, 1999, from the Engineering and Building
Director, the construction contract for the San Juan Creek Habitat Mitigation Project was
awarded to the low responsible bidder, Reyco Erosion Control, in the amount of
$190,418. All other bids were rejected.
PUBLIC HEARINGS
APPROVAL OF VESTING TENTATIVE TRACT MAP 15858 AND REZONE
99-3 FOR PROPERTY LOCATED AT 32532 ALIPAZSTREET (VILLAGE
ALIPAZ LLC) (420.401460.20
Proposal:
Consideration of Vesting Tentative Tract Map 15858 for 50 residential lots on
approximately 9 acres of the 22 -acre project site located at 32532 Alipaz Street; and,
Rezone 99-03 for the entire 22 -acre site to change the zoning from General Agriculture
to Planned Development. The rezone would adopt Specific Development Plan 99-1 to
establish development guidelines and the precise regulation of land uses. Surrounding
uses include a mobilehome park to the south, condominium housing to the north, the
confluence of the San Juan and Trabuco Creeks to the east, and Kinoshita Farms and
the Sports Park to the west. -
Applicant:
Village Alipaz LLC, 19700 Fairchild Road, Suite 120, Irvine, CA 92612
Written Communications:
1. Report dated November 16, 1999, from the Planning Director, describing the
proposed project. The Report advised that future phases would subdivide the
remaining portions of the project site into a possible additional 103 single family
residential lots.
2. Draft Specific Development Plan for Village Alipaz and One Adjoining Parcel.
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3. Letter dated November 15, 1999, from R.S. Bavan, Chief, Flood Control
Program, County of Orange, Public Facilities & Resources Department,
submitting comments for consideration regarding the request to subdivide and
rezone the property and process an architectural control application.
The conceptual grading plan, site plan and architectural renderings were on display.
C.J. Amstrup, Senior Planner, described the proposed project and reviewed the revised
Specific Development Plan. Mr. Amstrup noted that the applicant proposed
development of four different plans, consisting of one- and two-story homes; at build -out
the overall project would contain approximately seven units per acre. He advised that
all required findings for approval of the rezone and tentative map could be made.
Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the public hearing
and the following person responded:
(1) Philip Schwartze, 31682 El Camino Real, representing Saddleback Valley
Christian School, the owner of the property, advised that the total project site
included areas owned by the Water District, the City and the School. He
discussed the history of the project application, noting that there had been
opposition to the prior proposal to establish a school on the site. Subsequently,
relocation of the school to the Oso Ranch property had been approved. Upon
entitlement on this property there would be a land trade between the School and
the owners of the Oso Ranch. He advised that single -story homes had been
placed at key intersections and corners to accentuate the architecture and the
horizontal and vertical variation. He presented aerial photos of the site.
There being no further response, Mayor Greiner closed the hearing with the right to re-
open at any time.
Introduction of Ordinance:
The'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
Jones and seconded by Council Member Campbell that the following Ordinance be
introduced approving a rezone from General Agriculture to Planned Development:
APPROVING REZONE 99-03 (VILLAGE ALIPAZ LLC) - AN
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING REZONE 99-3, ADOPTING SPECIFIC
DEVELOPMENT PLAN 99-1 FOR A 153 -UNIT RESIDENTIAL
DEVELOPMENT TO BE LOCATED ON ALIPAZ STREET
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Campbell and Mayor Greiner
NOES: None
ABSENT: Council Member Hart
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Adoption of Resolution:
It was moved by Council Member Jones and seconded by Council Member Campbell
that the following Resolution be adopted approving Vesting Tentative Tract Map 15858:
RESOLUTION NO. 99-11-16-2, CONFIRMING MITIGATED NEGATIVE
DECLARATION AND APPROVING TENTATIVE TRACT MAP 15858
VILLAGE ALIPAZ -A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CONFIRMING A MITIGATED
NEGATIVE DECLARATION AND APPROVING TENTATIVE TRACT
MAP 15858 FOR A 22 -ACRE PARCEL LOCATED AT 32532 ALIPAZ
STREET (VILLAGE ALIPAZ, LLC)
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Campbell and Mayor Greiner
NOES: None
ABSENT: Council Member Hart
2. FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 99-01 EL
CAMINO REAL NORTH AND SOUTH) (345.50)
Proposal:
Hearing held to consider undergrounding of overhead facilities located on EI Camino
Real, Spring Street, Yorba Street and Forster Street.
Written Communications:
Report dated November 16, 1999, from the Engineering and Building Director,
describing the proposal to underground overhead facilities located on El Camino Real,
Spring Street, Yorba Street and Forster Street. Estimated district design and main line
construction costs of $500,000 will be paid from Rule 20-A funds set aside by SDG&E.
City costs to replace SDG&E -owned poles and lights will be considered in the 2000-01
Capital Improvement Program. Individual connections from the main line to individual
properties, estimated at $2,000 to $5,000, will be paid by the respective property
owners. -
William Huber, Engineering and Building Director, made an oral presentation, advising
that it was anticipated that construction would begin in October, 2000.
Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the public hearing,
and there being no response, closed the hearing with the right to re -open at any time.
Adoption of Resolution:
It was moved by Council Member Campbell and seconded by Council Member Jones
that the following Resolution approving formation of Underground Utility District 99-01
be adopted:
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329
- RESOLUTION NO. 99-11-16-3, UNDERGROUND UTILITY DISTRICT
99-1 - A RESOLUTION OF THE CITY OF SAN JUAN , CAPISTRA NOO,
CALIFORNIA, APPROVING ESTABLISHMENT OF UNDERGROUND
UTILITY DISTRICT NO. 99-01 (EL CAMINO REAL NORTH AND
SOUTH)
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin, Campbell and Mayor Greiner
NOES. None
ABSENT: Council Member Hart
3. APPROVAL OF THE DRAFT AMENDMENTS TO THE LOS RIOS SPECIFIC
PLAN (OCTOBER 19, 1999 DRAFT LOS RIOS SPECIFIC PLAN SPECIFIC
PLAN 78-1) (400.40) (CONTINUED FROM OCTOBER 19, 1999)
Stating a conflict of interest due to the possible financial impacts of this item to his
business/residence, Council Member Jones left the dais.
Proposal:
Hearing continued from October 19, 1999. to allow time for the City Council ad hoc
committee to further evaluate the draft circulation and land use policies and plans and
the public comments received on the draft Plan.
Written Communications:
Report dated November 16, 1999, from the Planning Director, advising that the draft
Plan presented on October 19, 1999, differed from the August 4, 1998 draft Plan by
eliminating the land use concept of the "mixed use area," deleting the proposed Street
"B" connector, and deleting the proposed regulations for an "AR" (Artisan Residential)
District. The Report forwarded the Committee's recommended revised goals.
William Ramsey, Senior Planner, made an oral presentation, addressing the four issues
the Ad Hoc Committee had focused on since October 19; i.e., land use, parking,
circulation and housing. The Committee endorsed a community passive park on the
existing Jiminez property on Ramos Street; and, recommended a Special Study
designation for the remaining properties, consisting of the Trulis, Cappello, and RV
storage lot, which would allow future analysis and determination on the ultimate use of
those properties. He discussed the parking issues and advised that in order to protect
the National Register District, the Committee recommended emphasizing buffering and
landscaping of parking from the District and had further recommended an option for
relocating a portion of the RV lot onto the Cappello property. In terms of circulation, the
Committee focused on alternatives A-1 and C-1. He described the alternatives, noting
that the Committee had recommended a revised circulation phasing in which final
selection of the circulation plan had been scheduled as Phase 4; further, the Committee
had felt that the initial circulation improvements to the District might satisfactorily
address traffic issues, thereby eliminating the need for the final phase. He distributed
photographs taken by Tony Alarcon showing pedestrians gathering in Los Rios Street.
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He noted that the October 19th draft Plan had included specific time limits for
acquisition of suitable alternative affordable housing sites and construction of new
affordable units. Upon further evaluation, it had been determined that establishment
of time limits was not appropriate for a land use policy document and the Committee
had subsequently recommended revisions to the Housing goals.
Public Hearing:
Notice having been given as required by law, Mayor Greiner opened the public hearing,
and the following persons responded:
(1) Jessica Dean, 27032-C Paseo Burladero, representing the Mary Erickson
Community Housing, and League of Womer. Voters, expressed concern that the
Housing Advisory Committee had specified a year for the City to find alternative
sites outside of the Little Hollywood area and it appeared that the time limit was
being erased from Pian. She noted that this had been a promised source of
affordable housing for many years.
(2) . Ethel Tregarthen, 27625 Summerfield, stated that the property had been
purchased with housing grant money specifically for affordable housing. Ms.
Tregarthen felt that the proposed revision to the housing goals should be
considered carefully due to its impact on people who were in need of housing.
(3) Francie Kennedy, 26632 Ramos Street, read a sentence from the revised
preservation objective and stated that there was a distinct shift of philosophy
from people to things, noting that Los Rios was a living residential district. She
presented a copy of the revised Page 4 of the Plan regarding Specific Plan
Elements with her suggested revisions relating to protecting the residential
character of the District. She expressed appreciation for the new requirement
for further review of anything past Phase 3 of the Circulation phasing, and
development or change in use of the Trulis, Cappello and RV parcels. Ms.
Kennedy questioned the "special study area" designation for the park and
addressed the revised land use goal relating to public parking. Ms. Kennedy felt
that language in Phase 4 of the circulation phasing plan could be broadened to
allow for the possibility of a better solution. She advised the City Council of a
newly forming Los Rios Residents Association, Ms. Kennedy expressed the
concern that there should be a more detailed review process set forth in the
document.
(4) Sheree Ito, 31825 Los Rios Street, stated that the first phase should include
construction of a parking lot. She indicated that draft Circulation Goal #5 did not
realize or consider the impact on River Street and her family, and further advised
that designating Paseo Adelanto as the primary access would generate serious
problems. Ms. Ito felt that the Jones Mini Farm should situate their parking
completely off-street, or further in from the street, and on -street parking should
be eliminated, stating her feeling that the current parking and pedestrian
situation was dangerous. She stated that while most of their vendors could
access their property from Paseo Adelanto, the Ito business still needed the Los
Rios/River Streets access for those delivery trucks that were unable to negotiate
the right turn from Paseo Adelanto. Ms. Ito requested written documentation
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331
regarding denying business owners use of the River Street/Los Rios entrance,
while still allowing the Historical Society to use that entrance even though the
Socieity was not the property owner. The City Manager indicated that the City
Attorney could provide an explanation at a future date. Ms. Ito stated that the
residents of Los Rios did not want a visitor's plaza and requested elimination of
Circulation Alternative C-1.
There being no further response, Mayor Greiner closed the hearing with the right to re-
open at any time.
Council Member Comments:
Council Member Swerdlin indicated that review of the Plan had been triggered by
development interest in the vacant land in the District and by the Plan's proposed use
of the park site. He felt this Council had been very sensitive to the integrity of the Los
Rios area. Member Swerdlin requested a report within four to six months regarding
safety issues on River Street to include visitors, parking and traffic. In response to
Council Member Campbell, Mr. Ramsey addressed several comments that had been
made, advising that the proposed changes to the HR District regulations would further
the efforts to protect the residential character of the District. He addressed the
comment regarding the special study designation for the park area, noting that the
current plan envisioned very intensive use of the park, which had been determined to
be inappropriate to the District. He indicated that the City would go through a future
review process if it was necessary to determine a final circulation alternative.
Adoption of Resolution:
Itwas moved by Council Member Swerdlin and seconded by Council Member Campbell
that the following Resolution be adopted approving amendments to the Los Rios
Specific Plan consisting of the October 19, 1999 Draft Specific Plan and the City Council
Committee -recommended revisions:
RESOLUTION NO. 99-11-16-4, ADOPTING 1998 AMENDMENTS TO
THE LOS RIOS SPECIFIC PLAN (SPECIFIC PLAN 78-01) - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO CERTIFYING THE ENVIRONMENTAL IMPACT
REPORT (EIR) AND ADOPTING AMENDMENTS TO SPECIFIC PLAN
(SP) 78-01, LOS RIOS SPECIFIC PLAN (LOS RIOS HISTORIC
DISTRICT)
The motion carried by the following vote:
AYES: Council Members Swerdlin and Campbell and Mayor Greiner
NOES: None
ABSENT: Council Members Jones and Hart
Council Member Jones rejoined the Council on the dais.
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332
RECESS AND RECONVENE
Council recessed at 8:34 p.m. to convene the San Juan Capistrano Community
Redevelopment Agency and the Capistrano Valley Water District, and reconvened at 8:50 p.m.
ADMINISTRATIVE ITEMS
ENGINEERING AND BUILDING DIRECTOR
APPROVAL OF WAIVER OF FEES AND COSTS FOR MESA & LOMA VISTA
SLOPE FUND ASSOCIATION, CERRO REBAL LANDSLIDE REPAIR (390.30)
Written Communications:
Report dated November 16, 1999, from the Engineering and Building Director, advising
that the Cerro Rebal Landslide Repair project would stabilize a large active landslide
extending above Cerro Rebal and into City open space. The landslide involved
Association streets and landscape areas and posed a threat to nearby residences. The
Report forwarded a letter from the Mesa & Loma Vista Slope Fund Association
requesting that the City Council waive all fees associated with plan checking, issuing
permits, and conducting field inspections by City staff, waive the grading bond
requirement, and waive all third party geotechnical review and inspection. The letter
also requested that the City pay for any repairs needed to Cerro Rebal and provide all
water at no cost for the construction of landslide stabilization systems. The projected
project cost was $4.5 million.
William Huber, Engineering and Building Director, made an oral presentation, reviewing
the Association's requests and modifying the staff recommendation to include a waiver
of all direct costs for third party geotechnical report review and inspection.
Council Comments:
Council Member Jones questioned what the ramifications would be if there was no
grading bond and there were resultant problems. Mr. Huber advised that the
Association had an obligation under the Settlement Agreement to repair the slope and
had received funds for that repair. The City Manager advised that, traditionally, grading
bonds for repair of landslides had been viewed differently from grading bonds for
development, since the intent of grading bonds was to provide the ability to restore an
area to its previous condition. Council Member Jones emphasized his concern
regarding the waiving the grading bonding requirement.
Approval of Waiver of Fees and Costs:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell
and unanimously carried that the fee waiver for the proposed landslide stabilization be
approved for all Staff costs for plan checking/inspection and for all direct costs for third
party geotechnical report, review and third party inspection; that the grading bond
requirement be waived; and that the Association pay for the repair of Cerro Rebal as
needed and for all water used in the construction project.
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333
ORDINANCES
Council Member Campbell abstained from this item due to a potential conflict of interest.
ADOPTION OF ORDINANCE APPROVING DEVELOPMENT AGREEMENT
(NEELY FAMILY TRUST) (600.30) (ADOPTION)
Written Communications:
Report dated November 16, 1999, from the City Clerk advising that the Ordinance was
introduced at the meeting of November 2, 1999 and was scheduled for adoption.
Adoption of Ordinance:
The 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 and seconded by Council Member Jones that the following Ordinance be
adopted:
ORDINANCE NO. 842 APPROVING DEVELOPMENT AGREEMENT
(NEELY FAMILY TRUST) - AN ORDINANCE OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT WITH THE NEELY FAMILY TRUST FOR REAL
PROPERTY LOCATED ON "MCCRACKEN HILL" AND MORE
PARTICULARLY REFERRED TO AS ASSESSOR'S PARCEL
NUMBERS 675-331-18, -19 AND -20 AND 675-341-6 AND -7
The motion carried by the following vote:
AYES: Council Members Jones, Swerdlin and Mayor Greiner
NOES: None
ABSENT: Council Member Hart
ABSTAIN: Council Member Campbell
COUNCILMANIC ITEMS
ORAL REPORTS OF OUTSIDE AGENCIES
a. Foothill Eastern Corridor (800.50)
Council Member Campbell advised that she would make available information
regarding accusations against the Corridor over environmental issues. Council
Member Campbell noted that she would continue working to assure that San
Juan Capistrano would not be impacted by the Corridor ending at Ortega
Highway.
b. Southeast Regional Reclamation Authority (1040.60)
--- Council Member Jones noted that the Finance Committee meeting summary
would be available in Council slots.
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334
C. Orange County Vector Control District (560.50)
Council Member Swerdlin noted that the Vector of the Month was Deer Mice.
COUNCIL COMMENTS
None
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:02 p.m.
to the next regular meeting date of Tuesday, December 7, 1999, at 5:30 p.m. in the City
Council Chamber.
Respectfully submitted,
CHERYL JOH , CITY CLERK
ATTEST:
COJXCLNE, C,"PBELL"'MAYOR
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