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HomeMy WebLinkAboutMin 08-19-98MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, August 19, 1998 The Ukiah City Council met at a Regular Meeting on August 19, 1998, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. Absent: Councilmember Chavez. Staff present: Public Utilities Director Barnes, Finance Director Elton, Risk Manager/Budget Officer Harris, Associate Planner Lohse, City Attorney Rapport, Planning Director Sawyer, City Clerk Ulvila, and Police Chief Williams. 2. PLEDGE OF ALLEGIANCF Mayor Malone led the Pledge of Allegiance. 3. .PROCLAMATION/SPECIAL PRESENTATIOI~ a. Proclamation - West Company's Ten-Year Anniversary Mayor Malone read the proclamation to West Company in celebration of their tenth anniversary. 3b. Ukiah Unified School District-Elementary School Sitinc~ Ms. Kim Logan, advised that the Ukiah Unified School District (School District) begins its 29th year in Ukiah this year. Ukiah is in need of another school and, with the encouragement of several Councilmembers and the community, the School District has chosen the Montgomery Ward site on South State Street. The property presents numerous challenges and she felt the only way the School District can meet these challenges is to engage partners within the community in the development and acquisition of the property. She presented a request from the Board of Trustees of the School District for the City to enter into a partnership with the School District. She identified the steps for partnership with the School District. She invited the City to consider partnering with the School District and will make a more formal presentation to Council at a subsequent meeting. 6:38 p.m. - Councilmember Ashiku arrived at the meeting. 4. APPROVAL/CORRECTION OF MINUTES a. Regular Meeting of July 15, 1998 Consensus of Council was to continue the Minutes of July 15, 1998 until the next meeting in order to have a full Council present. ,5. RIGHT TO APPEAL DECISION Mayor Malone reviewed the appeal process. 6. CONSENT CALENDAR Phil Baldwin, 627 Willow Avenue, requested Council pull Item 6e from the Consent Calendar and that it be heard later in the meeting. MIS Mastin/Kelly to make pull Item e from the Consent Calendar, making it 10e, and to approve items a-d and f-j of the Consent Calendar as follows: a. Approved Disbursements for the Month of July, 1998; b. Adopted Resolution 99-9 Amending Appendix to Conflict of Interest Code; c. Denied Claim for Damages Received from Alejandrina's Florist, and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; d. Adopted Resolution 99-10 Setting the Limitation on City Expenditures for Fiscal Year 1998/99; f. Awarded Contract to Price Striping Service for Street Striping 1998, Spec. No. 98- 10, in the Amount of $11,093.88; g. Awarded Acquisition of Asphalt Paver for Street Department to Nixon-Egli Equipment in the Amount of $39,647.11; h. Accepted Report of the Acquisition of Services From American Asphalt Repair and Regular Meeting - August 19, 1998 Page 1 Resurfacing Co., Inc.; Awarded Acquisition of 3/4 Ton Truck Cab and Chassis for Street Department to Biddulph Isuzu in the Amount of $18,913.54; Authorized Mayor to Sign Letter of Support for Legislation Regarding City Representation on LAFCO. The motion carded by the following roll call vote: AYES- Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone NOES: None. ABSTAIN: None. ABSENT: Councilmember Chavez. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Barbara Eversole, Ukiah resident, addressed Council concerning the lack of under grounding of utilities on Perkins Street prior to its proposed resurfacing. She encouraged additional streetscaping of Ukiah's major streets and encouraged the City to partner with the County in order to make Ukiah, the County seat, a beautiful City and to live up to its reputation of the #1 Small Town in California. Ed Hamett, 915 W. Perkins Street, advised that he holds the City Council responsible for everything that happens in Ukiah, including the death of Marvin Noble. He discounted the investigative report of what actually occurred at Foster's Freeze because he spoke to several witnesses. Ralph Baker, 8 year resident of Ukiah, advised that he has had numerous interactions with Police Officers and found them to be courteous and effective. He felt the death of a citizen is tragic and felt sorry for both the victim's family and the Police Officer's family. He thanked the Ukiah Police Department for all the good things they do for its citizens. Lisa Simmons, Round Valley resident, recounted the incident of April 14, 1995, which resulted in the death of a law enforcement officer and tribal member. She reported on discriminatory action by law enforcement officers at the Courthouse and towards Indian people. Craig Govern, 7 month resident of Ukiah, advised that he moved to Ukiah from San Francisco where he was a minority as a white male. He encouraged people to participate in voting for elected officials and that, with an ongoing investigation, people should not be so quick to make judgement based on partial facts. He discussed violence in other cities and countries. Richard Becker, San Francisco, advised he represents Gloria La Riva, Peace and Freedom candidate for Governor of California. He felt the situation with Marvin Noble was mishandled. At the Peace and Freedom meeting held in August, the delegation called for an independent investigation into the death of Mr. Noble. Mark Davis, 22 year resident of Ukiah, advised that prior to moving to Ukiah he lived in Berkeley and felt Ukiah is a much safer community, partly due to the Police Department's efforts. He urged the City Council to support the Police Officers. He has known Officer Kaeser for several years and finds him to be a dedicated officer. Mark Roper felt that the Mental Health Department should have provided additional assistance to the Police Department in dealing with Mr. Noble since he had a mental illness. Police Officers need further training if they are to continue dealing with mentally ill individuals. Ken McCormick, resident and business owner in Ukiah, advised he is proud of the Police Department and that citizens who brandish weapons should be apprehended. He discussed the riots and looting in Los Angeles several years ago and how important it is to rely on the Police Department to react to situations in an effective and timely manner. Mayor Malone advised that the City Manager and various members of the community are involved in establishing a forum with the Mental Health Department and Ukiah Police Department. Anyone interested in participating should contact the City Manager for further information. Regular Meeting - August 19, 1998 Page 2 Recessed: 7:09 p.m. Reconvened: 7:11 p.m. 8. PUBLIC HEARING - 7:00 p.m. a. Approval of an Exception to the City Subdivision Regulations by Allowing a Substandard Access Roadway Width As Part of a Two-Lot Parcel Map Mayor Malone excused himself from the meeting at 7:15 p.m. due to a potential conflict of interest on the project. Associate Planner Lohse advised that the applicant, Les Anderson, is proposing to divide a 12,000 square foot parcel in the R-1 Zoning District into two 6,000 square foot lots. The applicant is requesting an "Exception" to the access width requirements to allow the width of the required private roadway accessing the new vacant lot to be reduced from 20 feet to a minimum of 16 feet. The City Engineer has the authority to act on the proposal, but cannot do so until the City Council determines whether or not an associated request for an "Exception" to the access width requirements is appropriate. The property is located at 617 Holden Street, which is situated in a well-established single family residential neighborhood containing a number of small lots and narrow driveways. The proposed reduced access roadway would be located on the western portion of the site, directly abutting the property line and two feet from the west wall of the existing residence. Staff found that the reduced width of the private access roadway would be more restrictive than a standard roadway of 20 feet since it would require two-way traffic to use individual lanes of approximately eight feet instead of 10 feet. The construction of the proposed roadway along the western property line would require the removal of seven mature trees that provide shade for the existing residence and other areas of the subject property. On May 27, 1998, the Planning Commission conducted a public hearing and received substantial testimony opposing the request for an "Exception" from neighboring property owners. Concern was expressed regarding safety, tree removal, and potential nuisance impacts. The request for the "Exception" comes before the City Council without a formal recommendation from the Planning Commission. Discussion followed concerning proposed parking for the project and City standards for second units. Public Hearing Opened: 7:25 p.m Ken Hardngton, 615 Holden Street, advised that he lives on the adjacent property to the proposed project and is opposed to the lot split. He reported inadequate parking along Holden Street and opposed the removal of trees on the property because they provide much needed shade. In checking with the Mendocino County Assessor's Office, the lot is under 12,000 square feet. in size. He noted that if he installed a pool in his back yard, he would have little privacy if a house is built near the property line. Greg Foss, 519 Spring Street, felt the City should require the developer to complete a survey of the property to determine the square footage and then apply for a variance. He also felt the 20 foot standard road width should be applied to all projects, with no exceptions. Judith Maxey, 616 Holden Street, commented on traffic safety issues on Holden Street. A utility pole abuts the driveway, and with the driveway two feet from the house, it would cause unsafe conditions for backing out of the driveway. She commented on increased traffic and the lack of adequate parking along the street. She felt the parcel should be surveyed to determine square footage prior to development. Dan Anderson, 651 Orr Springs Road, brother of the applicant, advised that he appreciated the concerns of the neighbors, but felt the reduced width of the driveway would be safe. He felt it was his prerogative to have the bedroom of his house two feet from a driveway if he desired and felt safety is not an issue. He felt it would be unfair to deny the project because of their desire to remove several trees in order to provide open Regular Meeting - August 19, 1998 Page 3 space. He reported that there are more than 20 trees on the property in various levels of maturity and what they propose is to remove 7 trees. The trees proposed for removal are walnut trees and not endangered species. Erin Noble, 625 Holden Street, felt that the City should not allow developers to remove trees in order to construct a house on the property. He reported that the Realtor advised him that the property is 11,625 square feet and couldn't be split. The removal of trees in the neighborhood would change the environment of the neighborhood. He cited poor parking conditions along Holden Street and safety concerns for children living in the neighborhood. He questioned how long a relative would live in the new house before it would be sold. Sheridan Malone, 422 Jones Street, noted that Holden and Jones Streets are served by a contiguous neighborhood. He described the neighborhood on Holden Street as being similar to an urban forest. He discussed Mrs. Hines property and that, should this project be approved, then Mrs. Hines' property should also be given an "Exception". He felt the property is entitled to a granny unit but felt it would create additional impacts to the neighborhood. Jim Morgan, 610 Holden Street, felt the lot is not legally large enough to be subdivided and that the property needs to be surveyed. The neighborhood expressed their opposition to the project at the Planning Commission meeting, and yet the applicant still has not completed a survey of the property. Phil Baldwin, 627 Willow Avenue, discussed the City's Zoning Ordinance and the roadway standards. He inquired how long a relative of Mr. Anderson's would reside in the house. Anna Noble, 625 Holden Street, discussed the poor parking conditions on Holden Street and the need to make the street safe. She questioned whether the applicant would have relatives living in the home and how soon they would sell that portion of the property for profit at a later date. Public Hearing Closed: 7:55 pm Planning Director Sawyer advised that, should the City Council approve the "Exception", the City Engineer will then conduct a subsequent public hearing and act on the proposed two-lot Minor Subdivision Map. At that juncture, staff would ascertain the true dimension of the lot, and not allow the lot split if less than 12,000 square feet exist. If the Council does not approve the "Exception", the City Engineer cannot act on the map unless it is revised to provide a conforming access roadway width. Discussion followed concerning the proposed project with regard to driveway width, removal of trees, the size of the lot, and the composition of the neighborhood. City Attorney Rapport advised Council that this project requires a quasi-judicial decision and Council should support their decision with findings. He cited Section 8320 of the Municipal Code regarding exceptions. MIS Ashiku/Kelly to deny proposed "Exception" to the Subdivision Ordinance for Minor Subdivision Map Exception No. 98-14: Anderson, based on the following findings: 1. Approval of the proposed project would be detrimental to the peace and tranquility of the surrounding properties; 2. The removal of the mature trees by the driveway would affect the environmental quality of the neighborhood; and 3. The "Exception" is not necessary for the preservation and enjoyment of the property owner. Motion carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, and Vice-Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Chavez and Mayor Malone. Regular Meeting - August 19, 1998 Page 4 9. UNFINISHED BUSINESS a. Introduction of Ordinance Adopting a Cost of Living Increase for City Councilmember Salaries Risk Manager Hanis advised that there has not been a cost of living increase to the City Council salary rate since 1986. The current salary for City Councilmembers is $300 per month. Government Code §36516 gives the City Council the ability to increase Councilmember salaries by adopting or amending an ordinance to provide a cost of living increase not to exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last cost of living adjustment. Multiplying five percent (5%) per year for the 11-year period equals an additional monthly amount of $165, for a total monthly salary of $465. Actual cost of living adjustments will not go into effect, however, under Government Code {}36516.5, until new Councilmembers are elected in November and begin their term of office. At that point, all Councilmembers will receive the increase at the same time. This salary represents modest compensation for the many hours a Councilmember prepares for and participates in City Council meetings, special meetings, special events, and representation on numerous Committees and Commissions, as well as the hours spent meeting with citizens and performing their liaison roles. The Council discussed whether to wait until the next City Council meeting to introduce the Ordinance when a full Council would be present. Mayor Malone commented that, in the future, this should be addressed as part of the budget process. MIS Malone/Ashiku to introduce by title only Ordinance Adopting a Cost of Living Increase for City Councilmember Salaries, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Chavez. Recording Secretary Ulvila read the ordinance by title only. Mayor Malone invited comments from the audience. He noted that, even with the salary increase, Councilmembers will continue to volunteer many hours of their time to the City and the community. Eric Larson, 123 Clara Avenue, candidate for City Council, would like to see more poor people apply for City Council positions. Phil Baldwin, 627 Willow Avenue, candidate for City Council, felt that Iow income people should be encouraged to become involved in local government. There is a need to encourage more people to run for office. Joe Dietrick, 583 Stella Drive, candidate for City Council, advised that he thought the City Council position was a volunteer position when he decided to be a candidate. He noted the many hours that Councilmembers devote to the community and felt he would have applied as a candidate whether the position was volunteer or paid. MIS Malone/Ashiku to introduce Ordinance by title only, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES' None. ABSTAIN' None. ABSENT: Councilmember Chavez. 10. NEW BUSINESS a. Appointment of Voting Delegate and Alternate for October 2-4, 1998 Annual League of California Cities Conference Consensus of the Council was to appoint Councilmember Kelly as the Voting Delegate and Councilmember Ashiku as the Alternate for the October 2-4, 1998 Annual League of California Cities Conference. Mayor Malone directed the City Clerk to advise the League of California Cities of the names of the voting delegate and alternate. It was noted that Councilmembers Ashiku, Regular Meeting - August 19, 1998 Page 5 Kelly, Mastin, and Mayor Malone would be attending the conference. b. Set Date for Joint Meeting of City Council and Planning Commission Consensus of Council was to set October 28, 1998, 5:00 p.m., as the date for the Joint Meeting of the City Council and the Planning Commission. c. Waiver of Due on Refinancing Clause in the Deferred Payment Loan Contracl with Alice Arnold Finance Director Elton advised that in 1986 the City of Ukiah, in coordination with the Community Development Commission of Mendocino County, undertook a program for housing rehabilitation within a specified target area of the City. Under this program, eligible property owners could receive assistance with rehabilitation of their property. The intent of the program was to assist lower income individuals with improving their homes to maintain their property values and provide a higher quality of life without forcing the property owner to incur payments beyond their means to pay. Dewayne and Alice Arnold entered into a deferred payment loan contract on May 8, 1986, in the amount of $13,745.00. The obligation under this contact is scheduled to expire after 15 years (May 8, 2001). He advised that Mrs. Arnold is attempting to refinance her first mortgage and requests that the City waive the contract condition that would require repayment to the City. Mr. and Mrs. Arnold divorced and Mr. Arnold transferred his interests in the property to Mrs. Arnold. Mrs. Arnold is now responsible for the note. It was staff's opinion that the City has a right, under the "Deferred Payment Loan Contract," to require payment in full at the time the first mortgage is refinanced. If the first mortgage is foreclosed on, the City may not receive any repayment. Mrs. Arnold expects to continue living in the house for the remainder of the original 15-year period. Therefore, the original intent of the loan program can still be met by allowing Mrs. Arnold to refinance her existing mortgage without calling due the City's Deferred Payment Loan Contract. This still maintains the conditions for the remainder of the original contract term of 15 years. City Attomey Rapport advised that there may be some concern with the proposed loan on the property whereby the City's loan could become senior to the loan Mrs. Arnold is trying to obtain. This may not be acceptable to Mrs. Arnold's lender. He recommended Council authorize staff to agree to subrogate the City's loan in place of the loan Mrs. Arnold is trying to obtain, should it become a necessary condition of her lending institution. MIS AshikulKelly to approve Waiver of Due on Refinancing Clause in the Deferred Payment Loan Contract with Alice Arnold and that the City's loan be subrogated to the new loan Mrs. Arnold is trying to obtain, should it become a necessary condition of her lending institution, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Chavez. d. Change of Alternate to Mendocino Inland Water and Power Commissior MIS Malone/Ashiku to appoint Councilmember Mastin as the Alternate to Mendocino Inland Water and Power Commission, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Chavez. e. Authorize the City Manager to Distribute Correspondence As Required, Declaring the City of Ukiah's Opposition to "The Utility Rate Reduction an~l Reform Act", and Initiative Defined As Proposition 9 This item was formerly Item "e" of the Consent Calendar. Recessed: 8:30 p.m. Reconvened: 8:37 p.m. Public Utility Director Barnes advised that the City is not directly affected by the bonds as the purpose of the bonds were to fund a rate reduction for the Investor Owned Utilities. Staff is concerned with the mechanism for paying the bonds. Should the bonds be returned to the state, it could significantly impact some functions of the City. Despite the Regular Meeting - August 19, 1998 Page 6 expressed State pledge set forth in Assembly Bill 1890 (AB 1890), Proposition 9 would prohibit collection of the special charge for the payment of principal and interest on the rate reduction bonds. He expressed concern with the lack of funding mechanism for these bonds and if they go back to the State, the taxpayers may be called to finance these bonds. The City's rate customers will have to pay for the bonds, which is not what was originally intended. He referred to information which was provided to Council concerning the potential reduction in State revenues that could impact local governments. This could also increase the City's borrowing interest rate because of the appearance of a risk for a government in the near future. Discussion with staff followed concerning fiscal concerns, potential impacts on other City services, endorsement by the League of California Cities opposing Proposition 9, and the structure of the bonds. Public Comment Period Opened' 8:45 p.m. Phil Baldwin, 627 Willow Avenue, voiced his concern that no information was provided Council with regard to endorsement of Proposition 9 and felt that Council needs to weigh information from both sides of an issue in order to make a decision. Karen Poplawski, 612 Walnut Avenue, advised she has been working with The Oaks Project as a volunteer and gathered signatures in favor of Proposition 9. She felt staff's report is one-sided and noted that the utilities are opposed to Proposition 9. She reported that the author of AB 1890 assured consumer watch dogs that these were not State bonds and there is stipulation that the State cannot be held responsible. She felt Proposition 9 would not affect the City's ability to obtain bonds in the future. Michael Manning, Hopland, discussed how he petitioned the State in 1989 to have schools be in charge of their own natural gas. It met immediate opposition by the utilities and took three years to get through legislation. He discussed the School Project Rate Reduction (SPRR), and how, in 1991, it became possible for schools to procure their own natural gas. He has worked with hospitals in this area as well. He encouraged the City Council to not take action on the matter but rather to obtain more facts, pros and cons, concerning AB 1890 and Proposition 9. David Drell, Willits resident and member of The Oaks Project, presented material and provided a presentation to Council. It was his opinion that small businesses and residential users are paying for everything. He discussed the purpose of the initiative and outlined the majors goals of Proposition 9 as: 1. Guarantee residential and small business consumers electric rate reductions of at least 20 percent. 2. Bar utilities from charging customers for the cost of $6.5 billion in rate reduction bonds. Prohibit customers from being forced to pay the nuclear plant debts of utilities. Prohibit the sale of information on consumers without their consent. Provide for judicial review of how the State Public Utilities Commission implements the State Electric Restructure Plan. , Alec Broaggio, P.G.&E. representative from Eureka, discussed the bond issue and its impact to Ukiah government services. He reported that these are not State bonds but were sold by the utility company and noted that the State will not interfere with the payment of the bonds. He noted that the bond money that was sold to refinance the debt is imbedded in the utility system. He discussed refinancing the debt at a Iow interest rate over a long payment period. The history of how the billing process came about was discussed. He concurred with staff's report of the Proposition 9. Michael Manning discussed how deregulation is not working for the consumer. He noted that, when the cost of electric is decreased, a cap is placed which is 150% above the average utility cost. He noted that the citizens will not benefit until the year 2002. He discussed the Diablo Canyon Nuclear Power Plant and how it is a very expensive venture. Regular Meeting - August 19, 1998 Page 7 Council requested that in the future they be provided with a balance of information on issues. Concern was also expressed regarding the City's ability to finance bonds in the future. Finance Director Elton commented on unintended consequences of the initiative by not allowing a charge to pay back the debt. This could be expanded upon by the courts and could serve as incentive that would further limit the City from charging fees. The City is not affected by AB 1890, however, he expressed concern with the bond issue. MIS AshikulMalone to take no position on the matter, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, and Mayor Malone. NOES: Councilmember Mastin. ABSTAIN: None. ABSENT: Councilmember Chavez. 11. CITY COUNCIL REPORTS Councilmember Ashiku reported meeting with City Manager Horsley, Police Chief Williams, Lacretia Peoples, and members of the Department of Justice to open dialog regarding the recent Police shooting of Marvin Noble. He felt that City staff was open to comments and the committee is comprising policies and procedures for the forum. He noted that many of those who spoke at tonight's meeting did not participate in the forum. City staff has made a commitment to maintain these lines of communication and to participate in the forum. Mayor Malone suggested limiting the comments from the audience on non-agenda items to 10 minutes and encouraging further public participation in the forum process. Commissioner Kelly commended Commissioner Ashiku for his participation in the forum. She reported on her participation in a League of California Cities Community Service Policy meeting in Sacramento recently. She chaired the Helen Putnam Award for Excellence Committee which included 42 applications. Her committee addressed community services issues, particularly related to youth, as well as family and human services projects. She noted that many of these projects are collaborative projects. She reported meeting today with people working on the recreation center for Ukiah and they are refocusing their efforts towards assisting in the establishment of the Boys and Girls Club. The group met with Kim Logan from the Ukiah Unified School District as to how they can be involved in the new school site on the Wards property. She recommended that the matter of partnering with the Ukiah Unified School District for the new school site be agendized at the next City Council meeting. The Sun House Guild had record attendance for the basket exhibit. She noted that Sunset Magazine and Cowboy Magazine carried an article on the basket exhibit. The Guild received $30,000 to produce a video on this exhibit and once the video is produced, it will go to the Smithosian Institute. The City will receive 50% of the profits from the sale of the video. Today she met with the Skateboard Park Committee and noted their next meeting will be held at Todd Grove Park on August 25, 1998. Letters will be distributed to neighboring residents of Todd Grove Park. She discussed an upcoming skateboard competition and fund raiser. Councilmember Mastin reported that on Saturday, September 19, 1998, the Coastal Commission is coordinating a Coastal Cleanup Day and he encouraged the community to participate. Mayor Malone discussed his attendance at a recent MSWMA meeting. He reported his participation in a League of California Cities Community Service Policy meeting in Sacramento recently and discussed the proposed cigarette tax. He discussed the Board of Supervisors recent passage of the T.O.T. tourism tax. This tax will assist in the funding of local events throughout the County and help to promote tourism. Regular Meeting - August 19, 1998 Page 8 12. CITY MANAGER/DIRECTOR REPORTS Mayor Malone thanked Council for their participation in the City Employees Picnic on August 16, 1998. 13. CLOSED SESSION None. 14. ADJOURNMENT Mayor Malone adjourned the meeting at 9:54 p.m. Marie Ulvila, City Clerk Regular Meeting - August 19, 1998 Page 9