HomeMy WebLinkAbout11-04-1991MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
NOVEMBER 4, 1991
CALLED TO ORDER CITY COUNCIL CHAMBERS
22 CIVIC CENTER PLAZA
6:12 P.M.
ATTENDANCE
PLEDGE OF ALLEGIANCE
PRESENTATIONS
COUNCILMEMBERS
Present:
DAN YOUNG, Mayor
MIGUEL A. PULIDO, Mayor Pro Tem
JOHN ACOSTA
DANIEL E. GRISET
PATRICIA A. McGUIGAN
RICK NORTON
ROBERT L. RICHARDSON
Absent: NONE
STAFF
Present:
DAVID N. REAM, City Manager
EDWARD J. COOPER, City Attorney
JANICE C. GUY, Clerk of the Council
Absent: NONE
Led by students from Ms. Barbara Castillo's
Fifth Grade Class at Jefferson Elementary
School
Certificates of Recognition for service in the
Persian Gulf Conflict, presented by MAYOR
YOUNG to Corporal Charles Porter, US
Marine Corps and Mess Specialist Seaman
Apprentice James Porter, US Navy
CITY COUNCIL MINOTES 317 NOVEMBER 4, 1"1
Certificates of Recognition for winning First
Place in team competition and several First,
Second, and Third Place honors in individual
competition (Senior and Junior Divisions) in
the 1991 AAU National Jujitsu Champion-
ships, presented by COUNCILMEMBER
McGUIGAN and Recreation and Community
Services Executive Director Allen Doby to
members of the Santa Ana Jujitsu Team
Certificate of Recognition presented by
COUNCILMEMBER RICHARDSON to 1991
Orange County Teacher of the Year Awardee
Judy Sampson
Certificate of Recognition for Behr Process
Corporation's generous donation to Santa Ana
families with limited income, presented by
COUNCILMEMBER RICHARDSON to Behr
Senior Vice President of Manufacturing Bob
Primmer and Behr Regulatory Affairs Manager
Kimberly Curtin
Proclamation commemorating Veterans Day,
November 11, 1991, presented by
COUNCILMEMBER NORTON to Lawrence
Ryan, Commander, and James Loughran,
Financial Officer, American Legion Post #131
RECONSIDERATION OF ITEM 75.B. (Minutes page 312)
Councilmember Norton reported that staff had not provided him with a copy of the law
which would demonstrate the City would not be liable for repayment of the $20 million
dollar loan of Section 108 Funds in the event the federal government were to cease funding
the Community Development Block Grant Program.
Motion: Reconsider Item 75.B. $20 million Section 108 loan for Bristol Street Widening
Project, approved on October 21, 1991. FILE 615.30
MOTION: Norton
SECOND: Acosta
CITY COUNCEL MINI)TES 318 NOVEMBER 4, 1"1
VOTE: AYES: Acosta, McGuigan, Norton
NOES: Griset, Norton, Pulido, Richardson, Young
ABSENT: None
The Motion FAILED.
CONSENT CALENDAR
The Mayor announced the removal of Items 12.F. and 60.A. for separate action.
Motion: Approve staff recommendations on the following Consent Calendar Items.
MOTION: Pulido
SECOND: McGuigan
VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson,
Young
NOES: None
ABSENT: None
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Motion: Approve Minutes.
I.A. REGULAR MEETING OF OCTOBER 21, 1991
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
Motion: Award in accordance with Request for Council Action.
2.A. PARAMEDIC AMBULANCES (5) - To Leader Industries, Inc., in the amount
of $242,384.79 - Finance and Management Services SPEC 91-072
2.B. PRINTING OF FINANCIAL REPORTS - To My Own Printing Company in
the amount of $3,771.25 - Finance and Management Services
SPEC 91-82845
Motion: Approve one-year contract extension.
2.C. MAINTENANCE OF LIBRARY CIRCULATION CONTROL SYSTEM - To
CLSI in the amount of $27,870.00 - Finance and Management Services
SPEC 83-010
CITY COUNCIL MINUTES 319 NOVEMBER 4, 1991
PROJECTS
Motion: Award in accordance with Request for Council Action.
3.A. TREE TRIMMING (PHASE IVp ) FOREST STREET - To Edney Tree Service
in the amount of $9,750.00 - Public Works Agency PROJ 2167
ALCOHOLIC BEVERAGE CONTROL APPLICATIONS
Motion: Receive and file.
5.A. KHATICHE, Hind - "Family Italian Gourmet Deli" - 2307 S. Bristol, #B,
Person -to -person transfer, type 41 On -sale beer and wine, public eating place
Police: No protest
Planning: No action required
5.B. LADD LIQUORS, INC. - "Ronn's Market" - 425 N. Euclid, Original, type 20
Off -sale beer and wine
Police: Protest based on high incidence of criminal and gang activity
Planning: No action required
5.C. LADD LIQUORS, INC. - "Greenville Market" - 1530 S. Greenville, Original,
type 20 Off -sale beer and wine
Police: Protest based on high incidence of gang activity and above -
average crime rate
Planning: No action required FILE 405
FINAL PARCEL/TRACT MAPS
Motion: Approve final parcel map and accept the dedications thereon.
10.A. TRACT MAP 12812 - 450 E. Fourth Street - Consolidates 3.14 acres of land
into two parcels for the purpose of developing 200 condominium units and a
retail/commercial building - Public Works Agency FILE 625.30
AGREEMENTS
Motion: Authorize City Attorney to prepare and Mayor and Clerk to execute agreements.
12.A. AMENDMENT BETWEEN THE CITY OF SANTA ANA AND BSI
CONSULTANTS, INC. - Amendment to agreement for the purchase of
Pavement Management Program software, training and additional inventory in
CITY COUNCIL MINUTES 320 NOVEMBER 4, 1"1
the amount of $11,725.00 for a total contract amount of $61,725.00 - Public
Works Agency A-91-126
12.B. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MOHLE,
_ GROVER AND ASSOCIATES - For engineering and traffic survey for speed
limits update in an amount not to exceed $17,100.00 - Public Works Agency
A-91-127
12.C. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE
COUNTY OF ORANGE - Amendment to the Joint Powers Agreement for the
Orange County Civic Center Authority to allow the County to recover title to
the land underlying the County Jail and Intake and Release Center - Community
Development Agency A-91-128
12.1). AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE
COUNTY OF ORANGE SANITATION DISTRICTS - For defense of the City
in the case of U.S. vs. Montrose concerning hazardous waste disposal - City
Attorney A-91-129
12.E. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND POD/SASAKI
- Amendment to agreement for design services for the Monkey Island Zoo
exhibit increasing the not -to -exceed amount from $69,800.00 to $85,640.00 -
Recreation and Community Services A-91-130
12.F. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND RJM DESIGN
GROUP INC. - Removed for separate action. (See Minutes page 324.)
BOARDS/COMMISSIONS/COMMITTEES
B.A. APPOINTMENTS
Motion: Appoint.
Ivan V. McKinney, 3010 S. Rita Way, nominated by COUNCILMEMBER
McGUIGAN, as Ward 1 representative to the Community Redevelopment
Commission for a term to expire November 30, 1992 (Replacing Mack)
FILE 110.15
13.B. BRISTOL CORRIDOR PROJECT AREA COMMITTEE
Motion: Approve.
Membership as constituted on October 15, 1991 - Community Development
Agency
CITY COUNCIL MINUTES 321 NOVEMBER 4, 1991
Community Organizations - No Vacancies
Bristol/Warner Neighborhood Association
Johnson Chapel
Mater Dei High School
Santa Ana Merged Society of Neighbors (SAMSON)
Washington Square Neighborhood Association
Business/Owner - 2 Vacancies
Robert Gonzalez
Paul Le
Jim Lowman
Evelyn Neudorffer
Gordon G. Seibert
Resident/Owner - 6 Vacancies
Jack R. Belletich
V.L. McGowan
Richard McNeilly
Richard Moser
Resident/Tenant - 3 Vacancies
13.C. RESIGNATIONS
FILE 615.30
Motion: Accept with regret; direct Clerk to post vacancy; authorize preparation of
appropriate recognition for service to the City.
Ruben Alvarez, Jr., 514 S. Flower St., #7, from the Board of Recreation and
Parks effective November 1, 1991 for term expiring 11/30/94 (per
COUNCILMEMBER RICHARDSON) FILE 110.15
UNINVESTIGATED LIABILITY CLAIMS
Motion: Refer to administration for processing.
14.A. CLAIMS RECEIVED FROM OCTOBER 12, 1991 TO OCTOBER 25, 1991 -
Clerk of the Council FILE 415
CrrY COUNCIL MINUTES 322 NOVEMBER 4, 1991
CLERK OF THE COUNCIL POSTING REPORT
Motion: Instruct Clerk to enter notice of posting into the Minutes.
15.A. The October 21, 1991 City Council Agenda was posted on the door of the
Council Chambers, 22 Civic Center Plaza at 4:00 p.m. on October 16, 1991.
LEGISLATIVE ACTIONS/FEDERAL AND STATE
Motion: Declare support for and authorize the Mayor to communicate such support to
the appropriate agencies.
20.A. Modification of the U.S. Army Corps of Engineers' plans for reconstruction of
the Santa Ana River channel to allow continued operation of Riverview Golf
Course as an 18-hole golf course - Community Development Agency
FILE 110.15
ORDINANCES SECOND READING/IMPLEMENTATION RESOLUTIONS
Votes in this category may differ from the vote on the Consent Calendar. The decision on
these items was made at a previous Council meeting and the vote carried forward. If a
Councilmember was absent at the previous meeting, but is present for this meeting and does
not declare otherwise, his/her is recorded as affirmative. Absences at this meeting are
recorded as such.
21.A. TRAFFIC REGULATION REVISIONS - ALLEYS, PARKWAYS, PERMIT
PARKING DISTRICTS
(Placed on first reading on October 21, 1991, by 7/0 vote.)
Ordinance published in the O.C. Reporter on October 25, 1991
Motion: Place ordinance on second reading and adopt.
ORDINANCE NS-2146 - An ordinance of the City of Santa Ana amending
Sections 36-135 and 36-493 of the Santa Ana Municipal Code to authorize
Police Officers to remove vehicles which are illegally parked in alleys or
parkways or in permit parking districts - Planning and Building Agency
FILE 1030
21.B. AMENDMENT - PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS)
(Placed on first reading on October 7, 1991, by 6/0 vote with Pulido absent.)
CITY COUNCIL. MINUTES 323 NOVEMBER 4, 1"1
Ordinance published in the O.C. Re orter on October 25, 1991
Motion: Place ordinance on second reading and adopt.
ORDINANCE NS-2148 - An ordinance of the City of Santa Ana authorizing an
amendment to the contract between the City Council of the City of Santa Ana
and the Board of Administration of the California Public Employees' Retirement
System - Personnel Services A-91-117
FILE 500
BUDGET ADJUSTMENTS
60.A. APPROPRIATION ADJUSTMENT 92-125 - VOLUNTEER LITERACY
SERVICES
Motion: Removed for separate action. (See Minutes page 325.)
60.B. APPROPRIATION ADJUSTMENT 92-131 - UNDERGROUND TANK
CONFERENCE
Motion: 1. Direct the City Attorney to prepare and the Mayor and Clerk to execute
agreement.
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ANN
BISGYER WOLZ - For the coordination of the Underground Tank Conference
in the amount of $16,241.03 - Fire Department A-91-132
2. Approve. (Requires five affirmative votes.)
APPROPRIATION ADJUSTMENT 92-131 - Transferring $40,179.00 from
account 11-01-5548-Underground Tank Conference fees to account 11-321-
6291-5548-Fire Prevention - Fire Department FILE 310.05
*** END OF CONSENT CALENDAR***
CITY COUNCIL MINUTES 324 NOVEMBER 4, 1"1
BUSINESS SESSION
AGREEMENTS
At the Mayor's request, Recreation and Community Services Executive Director Allen Doby
provided a status report regarding soccer field construction at Centennial and Rosita Parks.
Motion: Authorize City Attorney to prepare and Mayor and Clerk to execute agreements.
12.F. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND RIM DESIGN
GROUP INC. - Amendment to agreement for design services for the Centennial
Park soccer facility increasing the not -to -exceed amount from $87,500.00 to
$117,500.00 - Recreation and Community Services A-91-131
MOTION: Young SECOND: Pulido
VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson,
Young
NOES: None
ABSENT: None
BUDGET ADJUSTMENT
Councilmember McGuigan informed the Council that world literacy was one of the programs
undertaken by Soroptomist International, and the donation by Soroptomist International,
Santa Ana -Tustin, to the City's Literacy Program represented the local club's contribution to
the international effort.
60.A. APPROPRIATION ADJUSTMENT 92-125 - VOLUNTEER LITERACY
SERVICES
Motion: 1. Accept.
Donation in the amount of $1,000.00 from Soroptomist International Santa Ana -
Tustin
2. Approve. (Requires five affirmative votes.)
APPROPRIATION ADJUSTMENT 92-125 - Transferring $1,000.00 from
account 149-01-5798-Gifts and Donations to account 149-215-6291-California
Literacy Services - Library FILE 310.05
CrrY COUNCIL. MINOTES 325 NOVEMBER 4, 1"1
MOTION: McGuigan SECOND: Richardson
VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson,
Young
NOES: None
ABSENT: None
ORDINANCES/FIRST READING
25.A. REPEAL OF PROVISIONS EXCLUDING PERSONS FROM
PARTICIPATING IN THE PUBLIC EMPLOYEES RETIREMENT SYSTEM
Motion: Place ordinance on first reading and authorize publication of title.
ORDINANCE NS-2150 - An ordinance of the City of Santa Ana repealing
Section 9-20 of the Santa Ana Municipal Code to remove the provisions
excluding persons from participating in the Public Employment Retirement
System - City Attorney
MOTION: Pulido
SECOND: McGuigan
VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson,
Young
NOES: None
ABSENT: None
PUBLIC HEARINGS
75.D. APPEAL APPLICATION 91-4 - VA 91-3
FILE 510
Appeal Application filed by Danny Aguirre, representing the Apostolic Church, to appeal the
denial by the Planning Commission of a variance from setback, landscaping and parking
requirements for a proposed church and medical office located at 112-122 E. Pomona Street
and 111-121 E. Berkeley
Recommended for denial by the Planning Commission on September 9, 1991 by the
following vote:
AYES: Casteix, Miller, Godinez, Mondo, Doughty
NOES: None
ABSENT: Mills
CITY COUNCIL MINOTES 326 NOVEMBER 4, 1"1
Legal notice mailed on October 10, 1991
Motion: Refer Appeal Application 91-4 and Variance 91-3 to the Planning Commission
for reconsideration and recommendation to the Council.
MOTION: Pulido SECOND: Acosta
VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson,
Young
NOES: None
ABSENT: None
COUNCIL AGENDA ITEMS
FILE 625.45
85.A. TOP HAT BAR - 2534 W. 17TH - RUDY MADUENA - ACOSTA
Gay Geiser -Sandoval, Attorney for Rudy Maduena, Jr., reviewed the calendar of events
which had led to the decision by Planning Department staff to require a Conditional Use
Permit in order to issue an ABC License for the Top Hat Bar.
Councilmember Acosta expressed concerns regarding the process followed by staff in
arriving at that determination.
Motion: Instruct the Planning Department staff to process applications based on filing
date and payment of fees rather than discontinue processing such applications
when other statutory deadlines would prevent completion of application
processing in a timely manner, particularly as applied to continuation of non-
conforming uses.
MOTION: Acosta SECOND: Norton
Substitute
Motion: Continue all action with regard to the Top Hat Bar to November 18, 1991.
MOTION: Norton SECOND: Acosta
VOTE: AYES: Acosta, Norton
NOES: Griset, McGuigan, Pulido, Richardson, Young
ABSENT: None
Substitute motion FAILED.
FILE 405
CITY COUNCIL MINUTES 327 NOVEMBER 4, 1991
Vote on original motion:
VOTE: AYES
NOES
ABSENT: None
Original motion FAILED.
RECESSED - 7:41 P.M.
Acosta
Griset, McGuigan, Norton, Pulido, Richardson, Young
RECONVENED - 7:51 P.M. - All Councilmembers present except Councilmember Norton.
85.B. OPEN AIR BAZAAR/CHRISTMAS SHOW - CENTENNIAL PARK - ALEX
VEGA (N.O.V.A.) - ACOSTA
Councilmember Acosta requested the Council consider approving an outdoor Christmas
Bazaar on public property as a one-time event.
7:54 P.M. - Councilmember Norton rejoined the meeting.
Councilmember Norton indicated his intention to abstain due to a possible conflict of interest.
Motion: Grant permission to N.O.V.A. to hold a Christmas Bazaar on three weekends
prior to Christmas contingent upon identification of a person who would be
responsible party and provision of any insurance required by the City.
MOTION: Acosta SECOND:
Motion FAILED for lack of second. FILE 625.55
COMMENTS
90.A. PUBLIC COMMENTS
Julie Humphreys, 2112 N. Ross, representing the Northwest Santa Ana Neighborhood
Association, submitted a comprehensive Neighborhood Traffic Protection Plan to the Council
and requested its immediate implementation.
Robert Ricker, 1815 N. Flower, reinforced that request.
CITY COUNCIL. MINUTES 328 NOVEMBER 4, I"l
Mayor Young expressed the Council's willingness to work with the neighborhood in
mitigating commuter traffic through the neighborhood and urged the Association to build
consensus concerning the proposed implementation plan.
Councilmember Acosta indicated he would be meeting the following Tuesday with another
group of neighbors regarding traffic in the Northwest Santa Ana Neighborhood and
encouraged interested individuals to attend.
Alfredo Amezcua, 106 W. Fourth Street, requested the Council consider the issuance of a
special permit to hold a Christmas Bazaar under Santa Ana Municipal Code Section 41-195.5
regarding Temporary Outdoor Activities.
JoAnn Hernandez, 7852 Second Street, #4, Stanton, Department of Social Services Staff
worker, cited an increase in the welfare rolls due to the closure of the swap meet at Rancho
Santiago College.
Alex Vega, 1807 W. Fifth Street, and Andres Balderas, 9330 Larkspur Drive, Westminster,
also expressed concerns regarding the closure of the Rancho Santiago swap meet.
David Barford, Vice President and General Manager of Comcast Cablevision, explained the
firm was considering scrambling its basic service to reduce cable service theft, improve
signal quality and aeronautic safety, and permit new packaging of programs. Mr. Barford
responded to questions on the proposed changes from Councilmembers.
Councilmember Richardson requested Barford provide the Council with information
regarding interference with aircraft signals caused by unscrambled cable signals.
James McGuigan, 5642 Keelson, cited several concerns regarding Comcast Cablevision
broadcasts and expressed the opinion that Comcast's signal scrambling proposal would lead
to price increases in cable service. He also stated that Comcast does not have an exclusive
cable franchise and suggested that other cable service providers be invited to compete in
Santa Ana.
In response to Councilmember Norton, the City Attorney indicated that for the most part the
City was preempted by the Cable Act with regard to legislating and controlling cable
broadcasting.
_ Mayor Young requested Barford review the error level with respect to City programming and
thanked Mr. Barford for being present to hear directly the Council's opinions concerning
cable service.
In response to Florence Leach, 2025 W. Tenth Street, the City Manager indicated that the
loan the City was requesting for widening Bristol Street was a direct loan from the federal
government, not one the City would apply for through a financial institution. He also
CITY COUNCIL MINUTES 329 NOVEMBER 4, 1991
indicated securing the loan would assist the City in applying for Measure M funds, the 1/2
cent sales tax increase approved by Orange County voters to fund local/regional
transportation improvements.
85.C. SOUTHERN CALIFORNIA REGIONAL AIRPORT AUTHORITY
MEMBERSHIP - McGUIGAN
Motion: Adopt resolution.
RESOLUTION 91-100 - A resolution of the City Council of the City of Santa
Ana requesting that the Southern California Regional Airport Authority
(SCRAA) not accept the Orange County Cities Airport Authority (OCCAA) as
the Orange County representative on the SCRAA Board of Directors - City
Manager
MOTION: McGuigan SECOND: Pulido
VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson,
Young
NOES: None
ABSENT: None FILE 110.15
TO HOUSING AUTHORITY - 9:28 P.M.
RECONVENED - 9:28 P.M. - All Councilmembers present.
90.C. CITY COUNCIL COMMENTS
Councilmember Norton commented that a new Chancellor, Vivian Blevans, had been
appointed at Rancho Santiago Community College.
Councilmember Acosta recognized Hoover Elementary School students for creating the giant
"Red Ribbon" pledge card on display in the Council Chambers and thanked Council Services
Manager Lorraine Lazarine for her assistance in conducting "Red Ribbon Week" activities on
his behalf. Acosta also thanked the Police and Fire Departments for their recent assistance
to the Blind Children's Learning Center following several break-ins at the Center's property
on North Broadway.
Councilmember Acosta expressed a "welcome home" to Jake Thomas who had fallen out of a
tree last February and returned to his home in the last week.
CITY COUNCIL MINUTES 330 NOVEMBER 4, 1991
Councilmember McGuigan wished Zoo Director Claudia Collier well on her leaving the City
for Alaska.
Mayor Pro Tem Pulido pointed out that the tree trimming approved under Item 3.A. was just
a temporary solution and that additional improvements would be made in the future.
Councilmember Richardson relayed Father Christopher Smith's personal "thank you" to
Santa Ana Electrical Inspector Harvey Shapiro for his assistance in processing electrical
permits for the recent St. Joseph's Church Fiesta.
Councilmember Griset requested staff proceed as soon as possible to develop a City program
which would place a bounty on and facilitate the destruction of firearms.
In response to Mayor Young, the City Manager indicated he would survey Raitt Street and
provide a status report on the completion of public landscaping in the area between Warner
and the south border of the City.
TO CLOSED SESSION - ROOM 147 - 9:43 P.M.
The Clerk of the Council announced the City Council was recessing to Closed Session
pursuant to:
Government Code Section 54956.9(a) to confer with the City Attorney regarding pending
litigation which had been initiated formally to which the City was a party, to wit:
Araujo vs. City of Santa Ana (Worker's Compensation)
Reiss vs. City of Santa Ana (Worker's Compensation)
Prewett vs. City of Santa Ana (Worker's Compensation)
DeLariva vs. City of Santa Ana
Battan vs. City of Santa Ana
Government Code Section 54956.9(b)(1) regarding pending litigation of significant exposure
Government Code Section 54957 to consider personnel matters.
_ RECONVENED - COUNCIL CHAMBERS - 9:55 P.M. - All Councilmembers present.
70.A. CLOSED SESSION REPORT
Motion: Authorize settlements as follows:
Claim 91-151, Martin and Elva V. Lazaro, in the amount of $12,250.00
CTTY COUNCIL MINUTES 331 NOVEMBER 4, 1991
Houseal vs. City of Santa Ana (Worker's Compensation), stipulation in the
amount of $20,685.00
Prewett vs. City of Santa Ana (Worker's Compensation), in the amount of
$11,500.00 toward a compromise and release
Reiss vs. City of Santa Ana (Worker's Compensation), stipulation in the amount
of $14,420.00 (Councilmember Norton registered a "NO" vote.)
Araujo vs. City of Santa Ana (Worker's Compensation), stipulation in the
amount of $27,162.00
MOTION: McGuigan SECOND: Pulido
VOTE: AYES: Acosta, Griset, McGuigan, Norton, Pulido, Richardson,
Young
NOES: None
ABSENT: None
ADJOURNMENT - 9:57 P.M.
;�� 14F7-
Janice C. Guy
Clerk of the Council
CWY COUNCII, MINUTES 332 NOVEMBER 4, 1991