HomeMy WebLinkAbout1989-05-23; City Council; Minutese 0
MINUTES
Meeting of: CITY COUNCIL (Regular Meeting)
Date of Meeting: May 23, 1989
Place Time of of Meeting: Meeting: City 6:OO Counci p.m. I Chambers COUNCIL /\I\ % ?$%%+
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CALL TO ORDER:
Mayor Lewis ca I led the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the Deputy City C jerk, as
fol lows:
Present: Counci I Members Lewis, Kulchin, Pettine,
Mamaux and Larson.
Absent: None.
1 NVOCATION was given by Reverend DeWeese of the Christ
Presbyterian Church of Rancho La Costa.
PLEDGE OF ALLEGIANCE was led by Counci 1 Member Mamaux.
PRESENTATIONS:
Mayor Lewis read a Proclamation proclaiming the week of
May 22 - 29, 1989, as BUCKLE UP AMER I CA WEEK. The
Proclamation was accepted by Maria Columna, Public
Health Educator, Buckle Up North County Coordinator.
Mayor Lewis read a Proclamation proclaiming the week of
May 21 - 27, 1 989, as NAT I ONAL PUBL IC WORKS WEEK. The
Proclamation was accepted by Frank Dudek, President of
the San Diego Chapter of the American Public Works
Association.
Mayor Lewis read a Proclamation proclaiming May 25,
1989, as TV PURSUITS DAY. Bob Sheppard, President of
Carlsbad Cable Television Foundation, accepted the
Proc 1 amat i on.
APPROVAL OF MINUTES: (one motion)
Minutes of the Regular Meeting held May 2, 1989, Lewis X
were approved as presented. Ku Ich in xx
Pett i ne X
Minutes of the Regu lar Meeting he1 d May 9, 1989, were Mamau x X
approved as presented. Larson X
CONSENT CALENDAR:
Mayor Lewis announced that Counci I Member Larson had
requested Item #1 be removed from the Consent Calendar,
and Counci 1 Member Mamaux had requested I tern #4 be
removed.
Council affirmed the action of the Consent Calendar, Lew is X
with the exception of Items #1 and #4, as fol lows: Ku Ich in xx
Pett i ne X
Marnaux X
Larson X
WA I VER OF ORD I NANCE TEXT READING:
Counci 1 waived the reading of the text of all
Ordinances and Resolutions at this Meeting.
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CONSENT CALENDAR: (Cant i nued 1
1. A6 #lo;034 - PUPRCHASE OF LANDSCAPE MATERIAL.
This item was removed from the Consent Calendar.
2. AB #10,035, ACCEPTANCE OF COVENANT FOR EASEMENT FOR
DRAINAGE PURPOSES - CARLSBAD OAKS EAST - MS-782.
Counci I adopted RESOLUTION NO. 89-156, accepting a
covenant for easement from Carlsbad Oaks East,
Ltd., for drainage purposes over Lot 24 of MS-782.
3. AB #lo,036 - ACCEPTANCE OF PUBLIC IMPROVEMENTS OF
RANCH0 SANTA FE ROAD - OLIVENHAIN ROAD TO LA COSTA
AVENUE - CT 81-46/PD-258.
Counci I accepted the improvements, authorized the
City Clerk to record the Notice of Completion and
re I ease bonds, and directed the Utilities and
Ma? ntenance Department to commence ma1 ntai ni ng the
public streets associated with the subdivision.
4. AB #lo,037 - ESTABLISHMENT OF ANNUAL PERMIT FEE FOR
WORK BY UTILITY COMPANIES IN THE PUBLIC RIGHT-OF-
WAY.
Thls item was removed from the Consent Calendar.
5. AB #lo,038 - PARKS AGREEMENT SUBROGATION - LA COSTA
RANCH COMPANY/F I ELDSTONE.
Counci f adopted RESOLUTION NO. 89-158, approvi ng an
agreement between the Con-t i nental Bank NA and the
City of Carlsbad; subordinating the 1988 Parks
Supplement with the La Costa Ranch Company
(Fieldstone), and authorizing the Mayor to execute
said agreement.
6. AB #lo,039 - APPROVAL OF PLAN CHECK CONSULTANT LIST
AND AGREEMENTS.
Counci I adopted RESOLUTION NO. 89-159, approving
consu ltant agreements with Lawrence B lack and
Associates, Ralph Stone and Associ al-es and KTUBA,
for landscape and irrlgatlon p Ian checking and
inspection services, and authorizing the
maintenance of a list of quallf ied plan check
consu Itants.
7. AB #lo,040 - ACCEPTANCE OF QUITCLAIM DEED FROM
AT8SF RAILWAY COMPANY - FUTURE AVENIDA ENCINAS.
Counci I adopted RESOLUTION NO. 89-160; accepting a
quitclalm deed from the Atchison, Topeka and Santa
Fe Rai lway Company for property for right-of-way
purposes on Avenida Enci nas.
101) 8* AB #lo,041 - REVISION OF FARE SCHEDULES - YELLOW
AB COMPANY .
Counci I adopted RESOLUTION N0.A 89-l 61, amend? ng
Resolution No. 6498, as amended by Resolution No.
8823, issuing a Certificate of Convenience and
Necessity to Yel low Cab Company of San Diego,
Incorporated; to revise the schedule of fares.
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CONSENT CALENDAR: (Continued)
9. AB #10,042 - REVENUE AND EXPENDITURE STATUS REPORT - APRIL 30, 1989.
Counci 1 accepted the staff report on the status of
revenues and expenditures as of April 30, 1989.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. AB #10,034 - PURCHASE OF LANDSCAPE MATERIAL.
Counci I Member Larson stated he noticed the landscaping
for the streetscapes included Southern Magnolia trees
and he asked how the selection process was handled.
Dave Bradstreet, Parks and Recreation Director,
explained that the architect met with the park
superintendent and park planner to discuss the different
varieties of trees. The Magnol i a trees were se lected to
form a canape over the street eventual ly. They are
heat and moisture resistant and grow we1 l in coastal
climates. Mr. Bradstreet stated they do not have
surface root problems, which is important in the
downtown area.
Counci I Member Larson sal d they are magni f icent trees,
but from experience he knows that they drop leaves
constantly, particularly in the summer, and he felt the
maintenance on these trees might be overwhelming.
Mr. Larson asked staff to review the selection of the
Magnolia trees and recommended continuing this item for
two weeks.
Counci 1 continued the selection of the Wagnol ia trees Lew i s X
for the streetscape landscaping for two weeks. Kulchin X
Pett i ne X
Mamaux X
Larson xx
4. AB #10,037 - ESTABLISHMENT OF ANNUAL PERMIT FEE FOR
WORK BY UTILITY COMPANIES IN THE PUBLIC RIGHT-OF-
WAY. -
Counci I Member Mamaux commented that this Resolution
wou I d el i mi nate the paperwork necessary each time one of
the utility companies has to do work in the public
rights-of-way, and would result in a saving of staff
time.
Counci I adopted the fol lowing Resolution: Lewis X
Kulchin X
RESOLUTION NO. 89-157, ESTABLISHING ANNUAL UTILITIES Pett i ne X
RIGHT-OF-WAY PERMIT FEES. xx Mamaux
L arson X
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ORDINANCE FOR INTRODUCTION:
10. AB #10,052 - AMENDMENT TO MASTER PLAN TO ALLOW
MINOR ACCESSORY STRUCTURES WITHIN THE REAR YARDS OF
FAMILY LOTS - MP-157A - SAMMIS-
1
Mayor Lewis ca I led attention to Sect ion 3 under
Findings; which states that the Master P Ian Amendment
is consistent with the Carlsbad General Plan and with
Section 21.38.120 of Title 21, which regulates
amendments of Master Plans.
Counci I Member Larson stated he wou Id I ike to include
the lot numbers that Mr. Sammis or his fami ly sti 1 I
control. Any lots that he owns as of today wou Id have
to have trees on them.
City Attorney Vincent Biondo stated that the ordinance
would include the lot numbers or lots owned by Mr.
Sammls or under his control as of the effective date of
the ordinance.
Counci I Member Pettine stated he was opposed to that
and would recommend that item be continued. He said he
was agreeable to the remainder of the clause, but felt
the owners had a right to put the structures in their
yards without having to place trees there. He referred
to lines 22 through 25 on page 2 of the Ordinance,
wh ich reads: "I f the trees in the tra i I are not
approved by the Coasta! Commission, then the accessory
structures with in the rear yards permitted by this
amendment sha I 1 only be al lowed if the property owner
agrees to install and maintain trees and get prior
approval by the Planning Director of a landscape p Ian
for the rear yard which includes the trees."
Counci I introduced the fol lowing Ordinance: Lew is X
Kulchin X
ORDINANCE NO. NS-71, AMENDING ORDINANCE NO. 9778 AND
LOTS.
THE REAR YARDS OF PHASE 1 SINGLE FAMILY LAGOON EDGE
X Larson EDUCATIONAL PARK TO ALLOW ACCESSORY STRUCTURES WITHIN
xx Mamau x MASTER PLAN MP-175 FOR THE BATIQUITOS LAGOON
X Pett i ne
Counci 1 directed staff to appear before the Coastal Lewis X
Commlssion in connection with the amendment seeking Ku Ich in X
approva 1 of the addition of trees. Pett i ne X
Mamaux X
Larson xx
PUBL I C COMMENT:
Seena Trigas, 6430 F lami nco Street, stated that
Assembly Bit 1 2460 would prohibit any development
unless there were adequate faci lities, including
schools. She commented that the State was final ly
catching up wlth Carlsbad in this respect, and she
asked Counci 1 to send a letter to Assemb lyman Frazee in
support of this bl 1 I.
Mrs. Trigas re-emphasized the need for this type of
legislation, stating it should be statewide and not
just city by city.
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PUBLIC HEARINGS:
11. AB #10,043 - INITIATION OF EMINENT DOMAIN
PROCEEDINGS FOR PORTIONS OF POINSETTIA LANE.
City Engineer Lloyd Hubbs gave the staff report as
contained in the Agenda Bi I 1. Transparencies of the
Location map and the four parcels in this action were
shown.
Mayor Lewis opened the Public Hearing at 6:32 p.m., and
i ssued the invitation to speak. Since no one wished to
speak on this matter, the Public Hearing was closed.
I t was noted that those who had previous 1 y f i led
written requests to speak were not present to address
Counci 1 regarding the matter.
Counci 1 adopted the fol lowing Resolution: Lew i s X
Kulchin X
RESOLUTION NO. 89-162, AUTHORIZING AND DIRECTING THE Pett i ne X
CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS IN THE Mamaux xx
CITY OF CARLSBAD AND DECLARING THE PUBLIC NECESSITY Larson X
THEREOF, retaining special Counsel, and approving
deposits with the Court.
12. AB #10,044 - STREET NAME CHANGE FROM MlSlON
ESTANCIA TO CAMINO DE LOS COCHES - SNC-24.
Mike Holzmiller, Planning Director, gave the staff
report as contained in the Agenda Bi 1 1.
Mayor Lewis opened the Public Hearing at 6:35 p.m., and
issued the invitation to speak. Since no one wished to
speak on this matter, the Public Hearing was closed.
Counci 1 adopted the fol lowing Resolution: Lew i s X
Kulchin xx
RESOLUTION NO. 89-163, CHANGING MlSlON ESTANCIA TO Pett i ne X
CAMINO DE LOS COCHES PURSUANT TO CITY COUNCIL POLICY Mamaux
X Larson NO. 20.
X
DEPARTMENTAL AND CITY MANAGER REPORTS:
13. AB #10,045 - CITIZEN REQUEST - NORTHWEST QUADRANT
PARKS.
Don Jackson, 260 Normandy Lane, representing a group of
citizens in the Northwest Quadrant, referred to a I etter to the Counci I dated May 1 1 , 1989, signed by the
citizens asking for an ad hoc committee of citizens from
the Northwest Quadrant to work with the Parks and
Recreation Commission and staff to develop a specific
five-year plan for parks in the Northwest Quadrant.
Mr. Jackson said that school land was counted at 100
percent in that Quadrant, and that land is on I y
available 40 percent of the time. He added that there
is some City-owned land in the Northwest Quadrant,
lagoons and forests that might afford an opportunity
for creative park sites.
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.DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Mario Monroy, 3610 Carlsbad Boulevard, stated these
citizens went to the County Assessor's office and found
a1 1 the land owned by the City of Carlsbad. They
identified some parcels that might be used for parks
and some land that the City cou Id sel I, lease or trade
for funds for purchasing land. He referred to the four
or five acres by the duck land i ng at the Buena V ista
Lagoon; the Buena Vista Reservoir; land where the City
yards are located at the end of Oak Street, and the
Hard i ng Street Sen ior Center area. Mr. Monroy
mentioned the park-in-I ieu funds avai table and the PFF
as a source of add it ional fund i ng.
Jim Gaiser, 3340 Ridgecrest Drive, continued this
presentation, stating if this request went through the
pub I ic hearing process, a year wou Id be lost, and that
was why these citizens were requesting the establishing
of an ad hoc committee of Northwest Quadrant residents
to work with staff and the Parks and Recreation
Commission to refine the five-year park plan for that
Quadrant. This would not be a permanent committee--
just six months, with volunteers.
Mr. Gaiser requested that the Parks and Recreation
Element review be delayed until the committee report is
made and that both be done at the same time. He also
stated they wanted annua I fund i ng to initiate any five-
year plan ultimately adopted. The citizens group also
would like consideration if a consultant or professional
was necessary to assist staff.
Tony Lawson, 2195 Basswood Avenue, stated he was
speak i ng for himsel f , a1 though he was a member of the
Parks and Recreation Commission. He spoke in favor
of the ad hoc comrn ittee and staff recommendat ion.
Mr. Lawson encouraged the review of the Parks and
Recreation Element as it exists, stating that any
adjustments could be hand led in an addendum later.
Mr. Lawson stated the Parks and Recreation Commission
wanted to work with this group from the Northwest
Quadrant and had requested their sub-committee to work
with them to address their concerns.
I n answer to Counci I query regard i ng delaying the review
of the Parks and Recreation Element, the City Attorney
stated he wou Id recommend against that, as the element
cou Id be amended three times a year.
Council Member Mamaux stated that there was a
misunderstand i ng about the P IL fees and the sub-
committee could resolve the problems.
Counci I Member Larson said this group and the Parks and
Recreation sub-committee would work together and make
recommendations to the Parks and Recreation Commission.
He did not favor delaying the review of the Parks and
Recreation Element. He said the property the City owns
in this Quadrant is tied into different things and it
is not quite as simple as selling or trading land.
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,DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Mayor Lewis stated he would write a letter to the
Chairperson of the Parks and Recreation Commission
asking for an ad hoc group to work with these citizens.
He also concurred that the Element should not be
delayed.
Counci I , by consensus, determined that the Parks and
Recreation Commission should select a sub-committee to
work with staff and representatives of the Northwest
Quadrant Group to develop a specific five-year plan for
parks in the Northwest Quadrant.
14. AB #10,046 - PROJECT SELECTION FOR ENTITLEMENT
FUNDS - FIFTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM. I
Patty Cratty, Senior Management Analyst, gave the staff
report as contained in the Agenda Bi 1 I. The I i st of
projects was shown on a transparency and shown by
preference on Exhibit 3 in the Agenda Bill.
John Burnett, 1970 E. Vista Way, Vista, representing
the North County Seniors in Action, referred to a
I etter written to Counci I last week ask i ng for
community support for their programs.
Alex Verduci, 4070 Mission Avenue, San Luis Rey,
representing Casa de Amparo, asked for funds for one bed
for one year, stating their center is the on I y one for
abused chi ldren in the County.
In answer to Councll query, the City Manager stated that
$12,000 has been included in the budget for Casa de
Amparo.
Stephen Densham, 3965 Monroe, Chairman of the Housing
and Redeve I opment Adv i sory Committee, stated the
Committee was working on a master plan for the
redevelopment area. He said the projects were
presented in the order of priority given them by the
Comm i ttee.
Manuel Val dez, 3603 Ames P 1 ace, representi ng the
Carlsbad Boys and Girls Club, told of the need for a
sprinkler system in the club, and asked for Council
cons ideration of their request.
Bill Saylor, 751 Crestview Road, Vista, representing the
Boys and Girls Club of Carlsbad, told of the increase in
the use of the swimming pool. He said the building is a
wooden structure and they have been told to spr i nk I er the
pool facility to provide a safe environment.
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MEMBERS % %%
The .consensus of the Council was to use the block grant
funds for the street drain on Oak and Roosevel t; Casa
de Ampara one bedroom for a year and the handicap access.
Council adopted the following Resolutions: (one motion)
RESOLUTION NO. 89-164, SELECTING SPECIFIC PROJECTS FOR
FUNDING UNDER THE 15TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM.
RESOLUTION NO. 89-165, APPROVING A STATEGY FOR THE - BLOCK GRANT PROGRAM.
Lew is
Kulchin
Pett i ne
Mamaux
Larson
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X
X x
X
X
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
15. AB #10,047 - DEDICATION OF FLAGPOLE AT HOLIDAY PARK
AND DONATION OF HAND-SEWN FLAG.
Council Member Kulchin stated that the City lost Anthony
Palmesi recently, and that he had wanted a flagpole in
Holiday Park. The flagpole has been placed in the Park
and is to be dedicated to his memory.
Robert SUI I ivan, Secretary of Chapter 31 of the Pear I
Harbor Survivors Association, presented a hand-sewn
f lag. Mrs. Ku lch in accepted the flag and said the flag wi 11 be held unti I the flagpole is dedicated, and the
Chapter members are present.
16. AB #10,053 - PURCHASE OF LAND FOR NEW CARLSBAD L I BRARY.
Council Member Kulchin at first abstained from
discussion on this item, but returned to the dais,
stating the City Attorney had been informed by the FPPC
that her participation would not create a conflict of
i nterest.
Frank Mannen, Assistant City Manager, gave the staff
report as contained in the Agenda Bill.
Counci 1 adopted the fol lowing Resolution: tew i s X
Kulchin X
RESOLUTION NO. 89-173, APPROVING A PURCHASE AND SALE Pett i ne X
AGREEMENT FOR REAL PROPERTY AS THE SITE FOR THE Mamaux xx
CARLSBAD CITY LIBRARY, AND APPROVING RECIPROCAL PARKING X Larson
EASEMENTS WITH CARLSBAD RETAIL ASSOCIATES.
17. AB #10,048 - STREET LIGHTING DISTRICT #1 -
INCLUSION OF LANDSCAPING PORTION OF LANDSCAPING AND
LIGHTING ACT OF 1972.
Ralph Anderson, Uti I ities/Maintenance Director, gave the
i nitia 1 staff report, asking Counci I to order the
preparation of the required Engineer's "Report".
Counci I adopted the fol lowing Resolution: Lew i s X
Kulchin xx
RESOLUTION NO. 89-166, INITIATING PROCEEDINGS FOR THE
ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION
X Pett i ne
X Larson OF AN ENGINEER'S "REPORT" FOR A SPEC I AL MA I NTENANCE
X Mamaux
D [STRICT.
Virginia McCoy, Electrical Operations Supervisor,
continued the report explaining the lighting assessments
for the Maintenance District.
Council adopted the following Resolution: Lew i s X
Kulchin X
RESOLUTION NO. 89-167, APPROVING THE ENGINEER'S Pett i ne X
"REPORT" FOR PROCEEDINGS FOR THE ANNUAL LEVY OF Mamaux xx
ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT. Larson X
City Manager Ray Patchett called attention to the
change in the date of the Public Hearing frm June 13
to June 20, 1989.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Counci I adopted the fol lowing Resolution:
X Larson ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND
X Mamaux PROVIDE FOR AN ANNUAL LEVY AND COLLECT1 ON OF
X Pett i ne RESOLUTION NO. 89-168, DECLARING ITS INTENTION TO
xx Ku Ich in
X Lew i s
SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON.
18. AB #10,049 - PROPOSED RELOCATION OF REGIONAL
JUSTICE FACILITY.
Jim Gaiser, 3340 Ridgecrest Drive, urged Council to
support leavl ng the North County Regional Justice
Facility in Vista. He said the cost of relocating the
courts to Escond ido wou Id cause citizens of Car lsbad to
pay more in terms of travel costs and additional time
needed to travel Highway 78 to Escond ido.
Counci I adopted the fol lowing Resolution: Lew i s X
Kulchin xx
RESOLUTION NO. 89-169, OPPOSING THE PROPOSED RELOCATION Pettine X
OF REG I ONAL JUST I CE FAC I L I TY . Mamaux
Larson
X
X
19. AB #10,050 - AMENDMENT OF CARLSBAD MUNICIPAL CODE
TO ADD CONDITIONAL SENTENCING AND PROBATION AS A
SENTENCING OPTION.
Staff report was given by the City Attorney as
contained in the Agenda Bill.
Counci I introduced the fo I I owing Ord i nance: Lew i s X
Kulchin
X Larson SENTENCING AND PROBATION AS A SENTENCING OPTION.
X Mamaux THE CARLSBAD MUNICIPAL CODE TO ADD CONDITIONAL
xx Pett i ne ORDINANCE NO. NS-70, AMENDING TITLE 1, CHAPTER 1.08 OF
X
20. AB #10,051 - PERSONNEL BOARD APPOINTMENTS.
Council adopted the following Resolutions: (one motion)
Pett i ne RESOLUTION NO. 89-170, APPOINTING ALVIN WEINROTH TO
X Kulchin
xx Lewis
X Larson
X Mamaux THE CARLSBAD PERSONNEL BOARD.
X
RESOLUTION NO. 89-171, REAPPOINTING JERE KIMBRELL TO THE
CARLSBAD PERSONNEL BOARD.
RESOLUTION NO. 89-172, REAPPOINTING PAUL NEWMAN TO THE
CARLSBAD PERSONNEL BOARD.
COUNCIL REPORTS:
Counci I Members reported on recent meeti ngs and
activities of the Committees and Sub-Committees of
wh ich they are Members.
CITY MANAGER COMMENTS:
City Manager Ray Patchett announced there wou Id be no
Council Meeting next Tuesday, May 30, 1989.
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May 23, 1989 Page 10
CLOSED SESSION:
(41) 21. CLOSED SESSiON PENDING LITIGATION.
Council adjourned to a Closed Session at 8:48 p.m., to
discuss the Kooker v. Standard Pacific pending I itigation, Case N30635.
Counci 1 re-convened at 9:09 p.m., and Mayor Lewis
announced that Council had instructed the City
Attorney
ADJOURNMENT:
By proper mot i on, the Meet i ng of May 23 , 1989, was
adjourned at 9:09 p.m.
Respectfu I ly submitted, $"---& eputy City Clerk
Harriett Babbitt
Minutes Clerk
13y
s36,
COUNCIL 0 e% @
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Lewis
X Larson
X Mamaux
X Pett i ne
X Kulchin
xx