HomeMy WebLinkAbout09/08/1986 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
\,-f, y REGULAR COUNCIL MEETING
9PLACE: Council Chambers O TIME: 7:30 P.M.
ROLL
DATE: September 8, 1986
MINUTES
II: iDIZV
Presentation of Annual Award to the City of
Newport Beach for Pedestrian Safety by
0. E. Schroeder of the Automobile Club of
Southern California.
leent
x
x
x
x
x
x
x
A. ROLL CALL.
Motion
x
B. The reading of the Minutes of the
All Ayes
Meeting of August 25, 1986, was waived,
approved as written, and ordered filed.
Motion
x
C. The reading in full of all ordinances
All Ayes
and resolutions under consideration was
waived, and the City Clerk was directed
to read by titles only.
D. HEARINGS:
1. Mayor Maurer opened the public hearing
/P 3216 &
and City Council review of an appeal by
Resub 745
BLAKE PROPERTIES II, INC., and POINT
Feldner
PROPERTIES I, INC., Newport Beach, from
311 Carntn
the approval of the Planning Commission
(88/84)
on July 24, 1986, of USE PERMIT NO. 3216
AND RESUBDIVISION NO. 745, requests of
WILLIAM FELDNER, Orange, to permit the
construction of a four unit residential
condominium project located at 311
Carnation Avenue, Corona del Mar; zoned
R -3. The project also includes a
request to allow a portion of the
development to exceed the 24 foot basic
height limit on the front one -half of
the lot in the 24/28 Foot Height
Limitation District, and to exceed the
28 foot basic height limit on the rear
one -half of the lot in the 28/32 Foot
Height Limitation District.
Report from the Planning Department was
presented.
Appeal applications from Blake
Properties: II, Inc., and Point
Properties 1, Inc., were presented.
The City Manager summarized the staff
report noting that with regard to site
access, at the Planning Commission
meeting of July 24, 1986, the attorney
for the property owner filing the
subject appeal indicated it was his
belief that the applicant might have no
legal right of access to the site from
the abandoned Carnation Avenue
•
right -of -way. Issues relating to
easement rights in this area are quite
complex, and extensive time in a court
of law could be required to resolve
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL \kp\��p BOLL �P September 8, 1986
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these issues. In order to facilitate
U/P 3216 &
matters, the property owners at 301 and
Resub 745
307 Carnation Avenue have agreed to
allow the applicant to take access over
an easement across their properties.
•
Appropriate legal documents will be
filed to ensure availability of the
easement.
Michael B. Wilmar, Attorney for the
appellants, 650 Town Center Drive, Costa
Mesa, addressed the Council and
presented a letter dated this date,
together with documentation in support
of their appeal. He stated that his
clients own the structure formerly known
as the "Corona del Mar Hotel," which is
across and down the street from the
proposed development. He stated that,
although the hotel itself has fallen on
hard times in recent years, his clients
desire to see it restored and to have it
formally recognized as a historical
landmark. }le stated that just recently
they opposed a development at 307
Carnation Avenue, and that if the
proposed project at 311 Carnation Avenue
is approved, they will have no choice
but to pursue the matter in court.
Mr. Wilmar stated that the inconsistency
•
of the development with the City's
General Plan and Land Use Plan, the lack
of adequate environmental documentation,
the absence of documented access, and
the lack of authority to grant
exceptions to otherwise applicable
height limits, all indicate that the
City Council should deny the requested
use permit and refuse to extend the
resubdivision.
In conclusion, Mr. Wilmar urged the City
Council to visit the site in question
and look at the access problems that
exist, prior to taking any action.
Curtis Crook, owner of 307 Carnation
Avenue, addressed the Council and stated
that he has resided at the given address
for 10 years, and that the map displayed
by the appellants is incorrect and
"misrepresents what Carnation Avenue
actually looks like."
Discussion ensued, wherein the City
Manager stated that prior to the
issuance of any building permit,
adequate ingress and egress will be
required, and if there is a dispute
legally whether the applicant has such
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access or not, the necessary easements
U/P 3216 &
will be required and will be determined
Resub 745
by staff as to their legitimacy and
adequacy.
•
Robert Blake, 1550 Bayside Drive, one of
the appellants, addressed the Council
and stated that the map referred to by
Mr. Crook is accurate. He distributed
photographs of the area in question
which depicted access to the site in
question, and stated that, in his
opinion, the.street is too narrow should
the Fire Department. need access for
emergency purposes. He urged the
Council to view the site prior to taking
action this evening, and also stated
that they are prepared to take this
matter to court, if approved.
Mr. Crook, 307 Carnation Avenue,
appeared again with a sketch of the
street (Carnation Avenue) which he
stated he had drawn, and felt more
accurately reflected the area.
Discussion continued, wherein the City
Manager stated that when development
plans are submitted, they are reviewed
by the Planning, Building and Fire
Departments for fire concern. It has
been represented by staff that 301 and
307 Carnation Avenue owners have agreed
to allow adequate access and they will
provide the appropriate legal documents
at the time the various development
plans are submitted to the City, and if
the issue of access appears to be a
concern of the City Council, a condition
could be added that ingress and egress .
and fire access must be provided to the
satisfaction of the Fire Chief.
Jim Reed, Fire Chief, addressed the
Council and stated that the standard
width for fire access is 20 feet;
however, in most of Corona del Mar, they
are limited and restricted to 14 feet
because of parking on both sides of the
streets, so that 14 feet would be an
adequate and satisfactory width to serve
the area in question.
Richard Nichols, 519 Iris Avenue,
addressed the Council and stated he felt
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the subject property was a "bluff top"
parcel, that the proposed structure is
too massive and will block views, and
would not be good for the community. He
also expressed his opposition to using
tandem parking in Corona del Mar.
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In response to Council inquiry regarding
U/P 3216 &
the use of tandem parking for Corona del
Resub 745
Mar, the Planning Director stated that
since much of the property in question
is on a slope, using tandem parking
spaces is a very effective way of
•
providing two parking spaces per
dwelling unit. He also stated that the
three projects that have been considered
by the Planning Commission on his
street, have proposed to use tandem
parking.
David Diem, 100 Newport Center Drive,
one of the appellants, addressed the
Council in support of their appeal. He
stated that rather than risk litigation
on this issue because of access /easement
disputes, he would suggest that the
Council table this item for 30 days and
allow him to meet with the developer of
the proposed project, and Mr. Blake, and
Mr. Wilmar, in hopes of resolving the
issues "quietly."
In response: to Council inquiry regarding
the historical status of Mr. Blake's
property, Mr. Diem replied that
currently historians are doing extensive
research, which is the first step in
acquiring a historical status.
•
A letter was handed to the City Clerk
for the record, (no name given) dated
August 22, 1986, written by Attorney
Michael B. Wilmar to the owners of 311
Carnation Avenue, (the subject property)
stating that Blake Properties II, Inc.,
was prepared to negotiate with said
owners to purchase 311 Carnation Avenue
for the purposes of constructing a
four -unit condominium project.
Mr. Wilmar addressed the Council again
and spoke to the issue of the
above - referenced letter. He stated the
letter was written in an effort to
resolve some of the issues that have
been raised before the Council this
evening 1m terms settling possible
litigation. that could ensue, and was an
offer to buy out the existing property
owners.
Mr. Blake addressed the Council again
and stated that it was their intent in
submitting the subject letter to the
•
property owners, to try and purchase the
property and arrange a type of
development that would be more suitable
to the local area and safer than what is
currently being planned.
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September 8, 1986
MINUTES
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!lotion
x
Following discussion, motion was made to
All Ayes
sustain the decision of the Planning
Commission, with an added condition to
read: "Prior to recordation of the
parcel map, applicant shall demonstrate
proof of adequate access from a public
street to the site to the satisfaction
of the City Engineer and the Fire
Chief."
E. PUBLIC COMMENTS:
1. Ken Adams, Charter Skipper, 18071
Com'1
Mammoth Court, Fountain Valley,
Activities
addressed the Council and submitted a
Permits
petition with 80 signatures, requesting
that enforcement of Section 17.41.020,
Permit for Commercial Activities on the
Water Required, be held in abeyance for
a period of six months to allow the
businesses in question and the
undersigned interested parties to
achieve compliance with the requirements
of the Code, and to resolve such
outstanding issues as may exist between
the vessels and the City.
Mr. Norm Ca.tton, 1221 Coast Highway,
Petition
addressed the Council and requested the
(51)
•
foregoing petition be made a part of the
record. He also asked those in
attendance on this item to stand and be
counted.
The Mayor invited Messrs. Adams and
Catton to contact his office regarding a
meeting with the Tidelands Affairs
Committee to discuss their concerns
further.
2. James Reagan, resident of Newport
Skateboardg
Island, addressed the Council regarding
the newly ,adopted regulations
prohibiting skateboarding in the Balboa
area, and expressed his opposition.
The Mayor explained to Mr. Reagan that
one of the reasons for imposing the
regulations was that many of the
buildings in the business area were
being badly damaged by skateboards.
Following discussion, it was noted that
there would be a report back to the
Council for the October 13th meeting, to
which Mr. Reagan was invited, regarding
.
the prohibition of skateboards in the
Newport Pier area, and the feasibility
of locating a site for a skateboard
park.
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COUNCIL MEMBERS
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MINUTES
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3. Phil Sansone, 215 Marguerite Avenue,
Bayside Dr
addressed the Council regarding the two
Parking
City -owned parking lots on Bayside
Lots
Drive. He requested the Council
reconsider their action with regard to
•
planned improvements for the lots, as
he felt that they do need some type of
beautification. He also requested that
the lots be lighted, and that time -limit
parking (one hour) be enacted for the
six parking spaces that parallel
Marguerite Avenue.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as
All Ayes
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
None
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 86 -76 authorizing
Pedestrian/
the submittal of an application to
Bikewy Fac/
the Orange County Transportation
OCTC /SCAG
Commission (OCTC) and the Southern
Res 86 -76
California Association of
(74)
Governments (SCAG) for the
construction of pedestrian and
•
bikewa.y facilities in Newport
Beach; and also authorizing the
City Manager or his designated
representative to make the
application and act as the City
contact person. (Report from
Public. Works - 1986 -87 Senate Bill
821 Funding Program)
(b) Resolution No. 86 -77 amending
Mariners Mi
Resolution No. 85 -89 extending the
SAP /Cncl
term of the Mariners Mile Specific
Ad Hoc Cmte
Area Plan City Council Ad Hoc
Res 86 -77
Committee to December 31, 1986.
(Y4)
(c) Resolution No. 86 -78 approving
Anxtn 1191
Upper Newport Bay Annexation No.
Upr Npt Bay
91. (Report from the Executive
Res 86 -78
Assistant)
(d) Resolution No. 86 -79 approving the
Irvine /ICAA
participation of the City of Irvine
Res 86 -79
in the Inter - County Airport
(54/61)
Authority. (Report from the
•Executive
Assistant)
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(e) Resolution No. 86 -80 in opposition
California
to the Gann Initiative,
League
(Proposition 61) which will appear
Cities /Gann
on the November 1986 General
Prop 61
Election ballot.
Res 86 -80
•
(61)
Note: After agenda was printed
Special Bulletin #3 was received
from the California League of
Cities regarding the Gann
Initiative.
(f) Resolution No. 86 -81 for
PW /SA Rvr
ratification of the City of Buena
Fld P /Agcy
Park's request for membership in
Res 86 -81
the Santa Ana River Flood
(74)
Protection Agency. (Letter from
Santa Ana River Flood Protection
Agency attached w /resolution)
3. CONTRACTS /A.GRF.EMENTS:
(a) Award Contract No. 2567 to FAV
Harbor St/
Engineering for the total price of
End Imprvm
$35,555 for Harbor Street End
Fernando /Alv
Improvement Program, Fernando
C -2567
Street and Alvarado Street; and
(38)
authorize the Mayor and the City
Clerk to execute subject contract.
(Report from Public Works)
•
(b) Authorize the Mayor and the City
Alarms/
Clerk to execute a contract with
Penalties
Transworld Systems, Inc. for
C -2616
collection of past due false alarm
(38)
penalties. (Report from Assistant
City Attorney)
4. COMMUNICATIONS - For referral as
indicated:
(a) To the City Manager for reply,
Ping /Var#
letter from Randall E. Presley
1134
regarding rights of property owners
China House
(the "China House ").
(68/91)
(b) Removed from the Consent Calendar.
(c) To Traffic Engineering for reply.
Traffic/
letter from Bonnie M. Rawlings
Skatebdg
regarding alleged skateboarding
(85)
violations on 18th and West Ocean
Front;; and for inclusion in the
records, letter from Karen Kilstrom
In support of limiting
skateboarding and bicycling in
•
congested pedestrian areas of the
City.
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(d) To Planning Department for
U/P 3218/
inclusion in the records, Letters
309 Marguit
from L. K. Hemyer and Corona del
(88)
Mar Community Association opposing
Use Permit 113218, (Bed and
Breakfast on 309 Marguerite Avenue
in Corona del Mar) to be listed on
the September 4, 1986 Planning
Commission agenda.
Note: After agenda printed, letter
received from H. A. Anderson
requesting denial of subject use
permit.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
None.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Nancy K. Abrams alleging property
Abrams
damage as a result of sewer backup
at Seashore Drive and 56th Street
on August 10, 1986.
(b) Allstate Insurance Company for
Allstate/
Patricia Frobes alleging she was
Frobes
•
rear -ended by City vehicle on
August 5, 1986 at Jamboree and
Pacific Coast Highway.
(c) Jeremy Aloe by Linda Aloe (Mother)
Aloe
alleging injuries as a result of
falling from card catalog at the
Balboa Branch Library on August 5,
1986.
(d) W. K. Chillott alleging neck,
Chillott
shoulder injuries and damage to
vehicle as a result of being
rear -ended by City vehicle on
August: 1, 1986 at Newport Freeway -
Route 55.
(e) Johannes Dembinski alleging
Dembinski
motorcycle impounded in error on
August 9, 1986, at Pacific Coast
Highway and Newport Boulevard,
seeking reimbursement of impound
fee.
(f) Georgia Lucas alleging damage to
ucas
•
vehicle as well as towing fee as a
result of work being done in the
area of Seashore Drive and
Oceanfront by J. R. Lehigh
Construction on July 10, 1986.
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COUNCIL MEMBERS
\CAL\%P ROLL September 8, 1986
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(g) Gary L. Ruzicka seeking
Ruzicka
reimbursement of loss of wages and
medical fees alleging personal
injuries as a result of stepping on
a broken -off City sign post that
•
was under the surface of the sand
at 55th Place and W. Oceanfront on
May 21, 1986.
(h) Justin. Stanley alleging City refuse
Stanley
truck damaged claimant's vehicle
while legally parked at 322 Anade
Street on August 19, 1986.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
None.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve one Groundsworker II, Parks
Division.
(b) Approve one Police Officer, Patrol
Division.
9. STAFF AND COMMISSION REPORTS:
•
For Council information and approval:
(a) Removed from the Consent Calendar.
(b) Report from Executive Assistant
Traffic/
recommending denial of appeal by
Bay & Wash
Walter Wilson regarding Traffic
Loading Zn
Affairs Committee action and
(85)
loading zone designation on Bay and
Washington Streets.
(c) Report from Executive Assistant
Parking/
regarding parking on 20th Street.
20th St
(63)
(d) Proposed adoption of new City
Council Policy T -1, ART IN PUBLIC
Cncl Policy
PLACES.
T -1
-
(69)
For Council information and filing:
(e) Copy of letter from Public Works
PW /19th &
regarding street improvements in
20th St Impv
the vicinity of 19th and 20th
(74)
Streets, and Balboa Boulevard.
•
10. PUBLIC HEARING SCHEDULING:
None.
11. Removed from the Consent Calendar.
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CITY OF NEWPORT BEACH
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12. TRACT NO. 11785 - Accept public
Tract 11785
improvements constructed in conjunction
with Tract No. 11785 by J. M. Peters
Company (a portion of Tentative Tract
No. 10391, generally bounded by Bison
Avenue, Jasmine Road, Ford Road and
MacArthur Boulevard, in the Aeronutronic
Ford Planned Community); and authorize
the City Clerk to release the following:
1) Faithful. Performance Bond (No. 9098.
64S); and 2.) Monumentation Bond (No.
103861 filed with Tract 11377); and 3)
Labor and Material Bond (No. 9098645) in
six months provided no claims filed.
13. Removed from the Consent Calendar.
14. BUDGET AMENDMENTS - For approval:
(25)
BA -014 - $1,670 Increase in Budget
Appropriations to provide for purchase
of cellular telephone to be utilized for
undercover investigations by the Police
Department;; General Fund.
BA -015 - $57,040 Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations to provide for
Special Referendum Election on November
25, 1986; General Fund.
•
BA -016 - Removed from the Consent
Calendar.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Public Works
Permit/
Department regarding PERMIT FOR
Encroachm
IMPROVEMENTS AT 418 SANTA ANA AVENUE,
(65)
NEWPORT BEACH, constructed by Sture
Davidsson was presented.
The City Clerk reported that after the
agenda was printed, a letter was
received from the Newport Heights
Community Association, advising that
they had no objection to the applicant's
plans to build a brick mailbox and a 3'
high fence with pillars 8'6" from the
curb.
Motion
x
Motion was made to grant the subject
All Ayes
request.:
Council Member Hart requested that the
staff, when establishing a special
category for encroachment permits in
unusually wide parkways, that they not
allow any encroachments closer than 8
feet from the curb.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL ROLL September 8, 1986
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2. Report from Executive Assistant
ICAA /ICA
regarding germination of Operating
Mgm Sery
Agreement between the ICAA and ICA
(54/61)
Management Services, Inc., was
presented.
K on
x
Motion was made to substitute the word
All Ayes
"initiate" for the word "approve" in the
recommended action, and to approve the
action on the agenda.
3. BA -016 - $7,500 Decrease in
BA -016
Unappropriated Surplus and Increase in
(25)
Budget Appropriations to provide for
appraisal on the Shokrian property for
Mariners Mile Parking lot; General Fund,
was presented.
Kotion
x
Motion was made to approve the subject
All Ayes
budget amendment to provide for
appraisal on the property west of the
Shokrian property, rather than the
Shokrian property, as listed on the
agenda.
4. Report from Public Works regarding
Permit/
ENCROACHMENT PERMIT APPLICATION 186 -177
Encroachm
recommending denial of Mr. and Mrs.
(65)
Masters' appeal of subject application
for construction of a brick patio in
front of their home at 140 Fernleaf,
.
China Cove was presented.
Dee Dee Masters, 140 Fernleaf Avenue,
applicant, addressed the Council and
stated that in July she applied for an
encroachment permit for a 6 ft. 6 in.
brick patio to go in an existing area,
which has always been planted with ivy.
She feels the project will greatly
improve the appearance of her home and
will not adversely affect the view of
other property owners. She stated that
.
other property owners immediately
adjacent and across the street have
similar patios, which abut the street or
curb, and that no safety problems will
result from the construction.
Motion
x
Following discussion, motion was made to
All Ayes
approve the request, with the provision
that should the City decide to construct
a sidewalk in the subject right -of -way,
the applicant shall then be required to
remove said encroachment.
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5. Letter from Herb Whitley regarding dog
PD /Animal
problem in the vicinity of the old P.E.
Control
Right -of -Way, along Seashore Boulevard
(70)
from 52nd Street to the Santa Ana Jetty
regarding alleged public violation of
•
NBMC Section 7.20.020 - Nuisances
Committed by Animals, was presented.
Motion
x
Following comments by Council Member
411 Ayes
Agee with regard to unleashed dogs, and
the need for stricter enforcement by the
City's Animal Control, motion was made
to refer the subject letter to the
Police Department for reply.
Council Member Plummer suggested that
staff investigate the possibility of
installing "dog potties" in the City.
She stated that other cities have tried
such a program and she would be
interested in knowing its effectiveness;
however, the Council took no action
regarding this suggestion.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 86 -25, being,
Ord 86 -25
Fire Dpt
AN ORDINANCE OF THE CITY OF NEWPORT
(41)
BEACH AMENDING CHAPTER 2.12.050 OF
THE NEWPORT BEACH MUNICIPAL CODE
•
PERTAINING TO THE FIRE DEPARTMENT,
was presented for second reading, with
report from. Fire Department, dated
August 25, 1986.
Kotion
x
Motion was made to adopt Ordinance No.
All Ayes
86 -25.
I. CONTINUED BUSINESS:
1. New request by DIMO CYCLING for Council
permit /Spcl
review and consideration regarding
Event
Special Event Permit Application 1186 -167
(65)
[Orange County Classic Bicycle Ride on
Sunday, September 21, 19861, was
presented.
Randy De Marco, 1623 W. Balboa
Boulevard, applicant, addressed the
Council and stated that the proposed
event will not be a race, but a cycling
tour with entrees ranging from ages 8 to
60 years old. He stated the course
•
passes through Newport Back Bay, U.C.
Irvine, Turtle Rock, Laguna Niguel, Dana
Point Harbor and then back to Newport
Dunes for lunch. He stated there will
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CITY OF NEWPORT BEACH
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\CAL ROLL �r �� Fp September 8, 1986
MINUTES
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be rest stops throughout the course, and
no awards will be given. They expect
700 to 1000 participants.
n
x
Following discussion, motion was made to
Apli#86 -167
yes
approve request for new time of Back Bay
Dimo Cyclg
Drive closure to auto traffic from 6:00
a.m. to 8:00 a.m. just for the start of
the event.
J. CURRENT BUSINESS:
None.
K. ADDITIONAL BUSINESS:
4otion
x
1. Motion was made to adopt Resolution No.
PW /Swr Rpr
kll Ayes
86 -82 declaring the immediate repair of
Villa Wy/
a collapsed concrete sewer to be of
Npt Bl
urgent necessity and authorizing the
Res 86 -82
work without advertising for bids.
(74)
4otion
x
2. Motion was made to adopt Resolution No.
PD /CA H'wy
all Ayes
86 -83 authorizing the City Manager to
Patrol
execute agreement between the City of
C -2617
Newport Beach and the California Highway
Res 86 -83
Patrol to attend post- training seminars.
(38)
Meeting adjourned at 9:30 p.m.
aatl�
Mayor Pro Te
ATTEST:
City Clerk
P0
A
o °m
cq��FOR�`V.
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