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Minutes 1984-01-24 .~ . _n -. ..~-,..-. - - -. , ':) CITY COUNC I L JANUARY 24, 1984 ARROYO GRANDE, CALIFORNIA 7:30 P.M. The City Council met in Regular Session with Mayor Smith presiding. Upon roll call, Council Members Lawrence Vandeveer, Matt Gallagher, Mark Millis and Karl Hogan reported present. PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Salute was led by the Boy Scouts of America. Council Member Vandeveer delivered the invocation. APPROVAL OF MINUTES On motion by Councilman Vandeveer, seconded by Councilman Gallagher and unanimously carried, the minutes of the January 10, and January 16, 1984, meetings were approved as presented. APPROVAL OF CHECKS On motion by Councilman Vandeveer, seconded by CouncIlman Gallagher and unanimously carried, Demand Checks No. P613 through p631, and No. 21561 through 21696, in the total amount of $695,588.70; and Payroll Checks No. 26844 through 26935, in the total amount of $77,475.19, were approved for payment as presented by Finance Director David Bacon. ORAL COMMUNICATIONS I None Mayor Smith proclaimed February 5 - 11, 1984, "Boy Scout Week in Arroyo Grande" She welcomed and thanked the Boy Scouts .and their leader, who were present at the meeting. CONSENT AGENDA On motion by Council Member Vandeveer, seconded by Council Member Gallagher, and unanimously carried, Consent Agenda Items #7 through #13 were approved as recommended. 7. Proclamation by Mayor for "Boy Scout Week in Arroyo Grande", February 5-11, 1984. MAYOR SO PROCLAIM. 8. Minutes and/or Answered Agendas: A. Planning Commission Meeting of January 17, 1984. REVIEW AND FILE. B. South San Luis Obispo County Sanitation District Minutes of January 4, 1984. REVIEW AND FILE. C. Minute Notes of Zone 3 Advi.sory Committee Meeting of December 15, 1983, with Monthly Operational Report for December and Agenda for January 19, 1984. REVIEW AND FILE. D. Minutes of Council's Blue Ribbon Committee Meeting of January 17, 1984, Re: New Civic Center. REVIEW AND FilE. 9. Award of Bid - New Printing Press. RECOMMEND APPROVAL. 10. .Letter from Rodger Shermes, Re: Branch and Bridge Intersection. APPROVE PROPOSED RESPONSE. 11- Request by City for Rental Fee Exemption in South County Regional Center for "Carry the Torch for 1984 Olympic Games." INFORMATIONAL ONLY. 12. Budg~t Calendar for 1984-85. INFORMATIONAL ONLY. 13. League of CaJiforn)Q Cities: REVIEW AND ADVISE A. Legislative Bulletins Nos. 1-1984, 1/6/84 and 2-1984, 1/13/84. B. March on the Capitol - February 28, 1984. C. Employee Relations Institute ~ January 25-26, 1984. D. Legislative Intern Program. E. National Teleconference on "Local Government in 1990's and Beyond: Preparing for the Future." F. Channel Counties Division of League of California Cities - Meeting on February 17, 1984. (COPIES TO COUNCIL ONLY). ---- _._~- u___ ..--- ___ _n'_'___ -- -~--- - _0-.-'_-. ....- - - -_._..._..~-_._---_..,.. "-.- .~ . ~) CITY COUNCIL JANUARY 24, 1984 ARROYO GRANDE, CALIFORNIA PAGE TWO. PAULDING HISTORY HOUSE Council Member Vandeveer said a letter had been received from Mr. John E. Caswell, dated January 12, 1984, regarding Miss Ruth Paulding's property, located at 551 Crown Hi 11 Road. Mr. Caswell requested consideration by the City reqardin9 a proposal whereby the house and a portion ~f the surrounding grounds would be donated to the City as a perpetual historical site. Councilman Vandeveer said certain requirements pertaining to zoning and parki~g would have to be considered before the property can be used as a museum and be maintained. Also, he said provisions must be made for the maintenance and care of Miss Paulding. On motion by Councilman Vandeveer, seconded by Councilman Hogan, and unani- mously carried, authorizing the Planning .Director to make a preliminary study to determine the requirements needed to follow through with Mr. Caswell's request; at the earliest possible date. SOTO SPORTS COMPLEX DEVELOPMENT Parks and Recreation Director John Keisler read a report, dated 1/12/84, from the Parks and Recreation Commission, including five recommendations: 1. Work begin on the relocation of the pipe. 2. That a bleeder be designed to the Arroyo Grande Creek. 3. Grade the area in conformance with the Plan. 4. Renegotiate the contract with Karleskint and Crum. 5. Expend the Roberti-Z-Berg Punds and construct two fields in conformance with the approved concept. i A motion was made by Councilman Gallagher to authorize Public Works Director I Paul Karp to draw up specifications for bids for the construction of the bleeder I pipe. The motion died for lack of second, and further discussion followed. Councilman Gallagher amended the motion to read: That Council supports and endorses all five recommendations by the Commission, and authorizes Parks and Recreation Director John Keisler to draw up specifications for b.ids for the design of the bleeder pipe. Councilman Millis seconded.the motion and it carried unani- mously. Mr. Mack asked to insert into the public record, to avoid any confusion In the future, that the Plan referred to in Recommendation #3 above refers to the Taylor/Schott Plan; and that in the Taylor/Schott Plan grades called for the capacity in the Park of 80 acre feet (and the intent is that those 80 acre feet would be for continuing storage of storm waters within Basins #1 and #2 during the season) .plus an additional 55 acre foot spillover ponding area in the event of a major flood. Mr. Karp indicated that at direction from City Council at the previous meeting design of the outfall location from Farroll Road drainage line from Basin #3 to #2 had been started by the City Engineering Department. That design would be completed within the next two weeks and transmitted to the Parks Department for preparation of a contract to complete the relocation. PUBLIC HEARING TO REVIEW LUCIA MAR UNIFIED SCHOOL DISTRICT'S NOTICE OF OVERCROWDING AND FINDINGS Mayor Smith said the notice of hearing had been duly published and all requirements had been met and declared the public hearing open. Or. Robert Hoagland, Superintendent of the School Distr!~I. ~dld all corrections, amendments and modifications to the Ordinance had been ..ccomplished and that he would respond to any questions. Counci I Member Vandeveer q",,,,'i'c~.,,d various figures of enrollment, which were in turn explained by Dr. Hoagland. Mayor Smith called for others to speak; there were none, and the public hearing was closed. ~. I:) CITY COUNCil JANUARY 24, 1984 ARROYO GRANDE, CALIFORNIA PAGE THREE Mr. Mack read the title of the Resolution. On motion of Councilman Gallagher seconded by Councilman Millis, and unanimously carried, to dispense with further reading of the Resolution. RESOlUTI ON NO. 1738 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF ARROYO GRANDE, CALIFORNIA, ADOPTING FEES FOR THE CITY OF ARROYO GRANDE, CALIFORNIA "INTERIM SCHOOL FAC IllT I ES ORD I NANCE" On motion of Councilman Gallagher, seconded by Councilman Millis, and on the following roll call vote, towit: AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted the 24th day of January 1984. Mayor Smith said for the record the City Council had reviewed the detailed pfan to solve overcrowding submitted by the School District. PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION'S DENIAL OF TENTATIVE SUBDIVISION I MAP, TRACT NO. 1168 (Gordon/I rvi ne) I Mayor Smith said the notice of public hearing had been duly published and all I requirements had been met, and declared the public hearing open. I Planning Director Eisner said this matter comes to the Council on appeal from J I the Planning Commission. The tract was submit~ed in three parts (Use Permit, Architectural Review and Tentative Tract Map). The applicants, Mr. Gordon and Mr.- Irvine, at public hearing before the .Planning Commission, said they were offering a 20-unit subdivision in the R-3 Multiple Fami ly Residential District, to be located on Brisco Road. This complies with the Ordinance now in effect. Mr. Kirby Gordon, Pismo Beach, (one of the applicants) presented.to Council for the record, a formal appeal dated January 18, 1984. On motion of Councilman Hogan, seconded by Councilman Gallagher, and unanimously carried, the Appeal was accepted into the record. Mr. Gordon explained their position regarding the school fees and the set-back requirements effective at the time of their appl ication to the Planning Commission. He requested Council to approve a resolution for the Tentative Tract Map, and to overturn the denial of the Planning Commission. No others wished to speak and Mayor Smith declared the pUblic portion of the hearing closed. City Attorney Shaw said the Section of the Government Code that was quoted by Mr. Gordon is exactly the same Section as applicable to Rancho Grande, and Mr. Shaw said the school fees are applicable at the building permit stage and can be co) lected at that time. Council Members discussed different aspects and concerns of the. issue, but spoke in favor of approving the Tentative Subdivision Map for Tract No. 1168. Mr. Eisner read the title of the resolution. On motion of Councilman Gallagher, seconded by Counci Iman Vandeveer, and unanimously carried, to dispense with further. reading of the resolution. RESOLUTI ON NO. 1740 A RESOLUTION OF THE CITY COUNCil OF THE CfTY OF ARROYO GRANOE APPROVING. TENTATIVE TRACT NO. 1168 -~ -- -- '- .~ ~) CITY COUNC I L JANUARY 24, 1984 ARROYO GRANDE, CALI FORN I A PAGE FOUR On motion of Councilman Va~deveer, seconded by Councilman Hogan, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith NOES: None ABSENT: None the foregoing Resolution, subject to Standard Conditions and Special Conditions, was passed and adopted the 24th day of January 1984. PUBLIC HEARING RE APPLICATION FOR USE PERMIT TO INSTALL FREE STANDING SIGN AT CA5A GRANDE MOTOR INN (850 Oak Park Boulevard) Planning Director Eisner said the Planning Commission had taken public testimony at.a public hearing, and that because this is in the P-D Zone it auto- matically comes to the City Council from the Planning Commission. The COIIIni ss ion recommends approval of the sign no higher than 30 feet, with the sign face to be consistent with the guidelines provided in o~her sections of the Ordinance, anq that the sign be located at the rear of the property. The applicants (CN Signs and Graphics) were present. Mayor Smith said the notice of hearing had been duly published and all require- ments governing hearings had been met and the public hearing was opened. Mr. John Adras, CN Signs & Graphics, presented slides of the site and explained where the signs should be located to best benefit the Casa Grande Motor Inn by being visible from Highway 101. I Councilman Hogan said he felt the business should have the right to advertise. Councilman Millis said he felt the sign should be limited to the 30 ft. standards of height, and other means of advertising should be used on the highway five or ten miles from the Casa Grande location. . Councilmen Gallagher and Vandeveer stated app rova I if it is kept at the 30 ft height limitation, and at a location acceptable to the City Staff. Mayor Smith declared the public portion of the hearing closed. Following considerable discussion, Mr. Eisner read the title of the Resolution. A motion was made by Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried, to dispense with further reading of the resolution. RE50LUTI ON NO. 1741 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A USE PERMIT, APPLIED FOR BY CN SIGNS AND GRAPHICS FOR A FREE STANDING SIGN IN THE "P-D" PLANNED DEVELOPMENT DISTRICT, SUBJECT TO CERTAIN CONDITIONS. On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and on the following roll call vote, to wi t: AYES: Councilmen Vandeveer, Gallagher, Millis and Mayor Smith NOES: Councilman Hogan ABSENT: None the foregoing Resolution, subject to certain' conditions, was passed and adopted the 24th day of January 1984. PUBLIC HEARING RE APPLICATION FOR USE PERMIT PROVIDING CERTAIN FACILITY BUILDINGS AT OAK PARK PLAZA, WITHIN C-N DISTRICT, BY .CENTRAL COAST CHRISTIAN REFORMED CHURCH. Planning Director Eisner said this is a request that come to Council again because it is P-D Zoned, by direct reference from the Planning Commission. The Church has requested a Use Permit for approximately 1100 sq. ft. of space in the Shopping Center adjacent to K-Mart. The applicants are asking to use the space for offices, storage and occasional evening meetings. .~ ) -.--- CITY COUNC I L JANUARY 24, 1984 ARROYO GRANDE, CALIFORNIA PAGE FIVE Mayor Smith said the notice for hearing had been duly published and all requirements had been met and the public hearing was open. Mr. Robert Zeilenga, 555 Le Point,. a member of the Church Council, said he was present to answer any questions. No questions. were posed, and Mayor Smith declared the public portion of the hearing closed. Mr. Eisner read the title of the Resolution. A motion was made by Councilman Gallahger, seconded by Councilman Hogan, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1742 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A USE PERMIT, APPLIED FOR BY CENTRAL COAST CHRISTIAN REFORMED CHURCH TO , PERMIT A CHURCH OFFICE AND RELATED ACTIVITIES IN I ! THE "C-N" NEIGHBORHOOD COMMERCIAL DISTRICT A motion was made by Councilman Gallagher, seconded by Councilman Hogan, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, Gallagher, Hogan, Millis and Mayor Smith NOES: None . ABSENT: None the foregoing Resolution was passed and ado~ted the 24th day of January 1984. PUBLIC HEARING TO CONSIDER ORDINANCES PERTINENT TO COMMUNITY WATER WELLS A motion was made by Council Member Millis, seconded by Council Member Vandeveer, and unanimously carried, to table the Item. COUNCIL RECESSED AT 9:30 P.M. AND RECONVENED AT 9:40 P.M. REPORT ON LOPEZ SAFE YIELD ISSUE Public Works Director Paul Karp made a report on the safe yield issue as it stands with the County Board of Supervisors, and the Zone 3 Advisory Group. A motion was made by Councilman Millis, seconded by Councilman Gallagher, to have the City Attorney thoroughly investigate all contracts and implications involved and report back to Council next meeting (either in Executive Session if he wants to present litigation, or as a regular Council item) a course of legal action that can be followed to protect our vested rights in lopez water. Further Council discussion followed regarding the purchase of surplus water from various cities by Avila Beach to solve their water shortage problems. Mayor Smith called for a vote on the foregoing motion and it carried unanimously. PROPOSED OROINANCE RE: TAX UPON OPERATORS OF WATERBORNE VESSELS Finance Director David Bacon said, although the City has no "waterborne vessels" City has been asked to conform to State requirements by the State Board of Equali- zation to amend specific paragraphs in the Ordinance. Mr. Bacon read the title of the Ordinance. On motion of Counci lman Hogan, .seconded by Counci lman Mi 11 is, and unanimously carried to dispense with further reading of the Ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF i ARROYO GRANDE TO AMEND MUNICIPAL CODE SECTION , 3-3.213 IMPOSING A SALES AND USE TAX TO BE i , ADMINISTERED BY THE STATE BOARD OF EQUALIZATION Mayor Smith said this was the First Reading of the Ordinance. .~~ ~~--- ---_...~- . .--- :) CITY COUNCIL JANUARY 24, 1984 ARROYO GRANDE, CALIFORNIA PAGE SIX PROPOSED ORDINANCE RE: NUISANCE ABATEMENT City Attorney Art Shaw said all city codes and many city ordinances pro~ide, generally speaking, that violation of any provision is either a misdemeanor or an Infraction, or a public nuisance and must be dealt with in the Court. Mr. Shaw said the ordinance covers handling public nuisance cases by means of an administrative hearing before the City Council. Mr. Shaw read the title of the Ordinance. On motion of Councilman Gallagher, seconded by Councilman Millis, and unanimously carried, to dispense with further reading of the Ordinance. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A PROCEDURE FOR THE ABATEMENT OF PUBLIC NUISANCES Mayor Smith said that constituted the First Reading of the Ordinance. I ORDINANCE ADOPTION RE: MAXIMUM ALLOWABLE HEIGHT OF STRUCTURE IN H-SDI5TRICT Planning Director Eisner read the title of the Ordinance. On motion of Council Member Vandeveer, seconded by Council Member Gallagher, and unanimously carrIed, to dispense with further reading of the Ordinance. ORDINANCE NO. 307 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MODIFYING THE ZONING OROINANCE, SECTIONS 9-4.1403,9-4.1404, AND 9-4.1405, RELATING TO MAXIMUM ALLOWABLE HEIGHT OF STRUCTURES IN THE HIGHWAY SERVICE DISTRICT On motion of Councilman Millis, seconded by Councilman Vandeveer, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith NOES: None ABSENT: None the foregoing Ordinance was passed and adopted the 24th day of January 1984. FINAL APPROVAL OF TRACT 9511 (Villa Los Berros) Public Works Director Karp posted a print of a detailed sheet of Tract 954 and explained that the Tract is a planned unit development consisting of eight un its in an R-?-D Zone area. He sa i d a II .0J the fees and bond i ngs have been provided, and recommended approval by the Council with the four recommendations outlined in the memo of January 17, 1984. 1. Accept on behalf of the public, the dedications made on the map subject to satisfactory completion of all tract improvements. 2. Authorize the Mayor and City Clerk to execute the subdivision agreement. 3. Find that the map is consistent with the General Plan, City Zoning, and Optional Design Standards. 4. Approve Tract Map 954. On motion of Councilman Vandeveer, seconded by Councilman Hogan, and unani- mously carried, to approve Tract 954 with the four conditions as recommended by Staff . AWARD CONTRACT FOR CONSTRUCTION OF PHASE IV OF PROJECT 60-80-3, DEEP MUNICIPAL WELL AND BLENDING SYSTEM Mr. Karp .said Council had the bid summaries and his memo. On motion of Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, to approve construction .of Phase IV of the Deep Well and Blending System by the lowest bidders, Peterson & Douglas, a joint venture. ~ . :J CITY COUNCil JANUARY 24, 1984 ARROYO GRANDE, CALIFORNIA PAGE SEVEN RESOLUTION AMENDING PARK DEVELOPMENT FEES Parks and Recreation Director John Keisler said Staff recommended that the Council amend the City Ordinance to adjust the annual park development fees according to the Engineers News Record Construction Cost Index, which involves an increase of $18.22. Councilman Vandeveer said he was opposed to all fees. attached to a CPI, and therefore opposed. to the increase. Councilman Vandeveer moved to bring the Ordinance back to' Council for discussion, and acting on a resolution for future I increases as they are requ I red and handl i ng them on th is. Counc i I on an "as needed basis", as opposed to adding it onto a CPI mode of operation. The motion failed J for lack of second. Councilman Millis spoke in favor of having CPI as a guide and control for collecting fees; and stated that the CPI also acts to protect the City and the citizens. Councilman Hogan safd he was opposed to any additional fees. Councilman Gallagher said if the costs of operating the City were going to go down, and materials and equipment.would decrease in price, he could support the position taken, but it is all tied to the cost of living expenses. City Manager Mack read the title of the Resolution. On motion by Councilman Millis, seconded by Councilman Gallagher, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1739 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANOE ESTABLISH I. NG A PARK DEVELOPMENT SUBDIVISION FEE FOR THE PARKS DEVELOPMENT FUND FOR EACH RESIDENTIAL BUILDING SITE On motion by Councilman Gallagher, seconded by Councilman Millis, and on the following roll call vote, to wit: AYES: Councilmen Gallagher, Millis and Mayor Smith NOES: Councilmen Vandeveer and Hogan ABSENT: None the foregoing Resolution was passed and adopted this 24th day of January 1984. On motion by Councilman Vandeveer, seconded by Councilman Hogan, to ask Staff to bring back the Ordinance, Chapter 3, Title 9, for possible amending of the use of CPI or the Engineers News Record Construction Cost Index. Council discussion followed, and the motion and second were withdrawn. The item will be placed on the next Council Agenda with a proposed Ordinance dropping the factor the Parks and Recreation fees increase is based on. REPORT ON FIRE ENGINE #1 STATUS Fire Chief Tony Marsalek reported on the condition 'of the engine and apparatus, and asked the Council to approve proceeding with bids for a 1500 gallon pumper. He said $75,000 were appropriated in the vehicle replacement fund. Marshall Vaughn, Volunteer Fireman, spoke in favor of replacing the 1958 pumper, since the costs of repair have increased drastically. On motion by Councilman Vandeveer, seconded by Councilman Hogan and unanimously carried, to authorize the Fire Chief to determine what is needed, determine the costs and specifications, and ask for bids to present to Council. ---- ---.-"-- -,.._.~_._,--~- ~ . . ') ~J CITY COUNCIL JANUARY 24, 1984 ARROYO GRANDE, CALIFORNIA PAGE EIGHT BLUE RIBBON COMMITTEE PROGRESS REPORT City Manager Mack said the' Committee had met for a second time. Cha i rman Howard Mankins assigned specific tasks to gather information for the development of a new Civic Center. The next meeting Is scheduled for February 27, and Mr. Mack suggested a joint meeting with the City Council to establish initial rapport with the Blue Ribbon Committee. Mayor Smith said she thought Council should meet and decide what they want from the Committee. Council agreed, and Mayor Smith set the meeting for Tuesday, February 14, 1984, at 6:30 P.M. prior to the regular Council meeting. OAK PARK SAFETY COMMITTEE Mr. Mack said as a result of the Council's last meeting and action, Mr. Karp has sent correspondence to Cal Trans requesting they advise the process to be used to install a new off/ramp. WRITTEN COMMUNICATIONS Hr. Mack said correspondence was received today from Ines del Campo advising of her resignation as City Clerk, effective February 29, 1984. On motion of Councilman Millis, seconded by Councilman Vandeveer, and unani- mously carried, to accept with regret the resignation of City Clerk 'nes del Campo; effective February 29, 1984. On motion by Counci lman Hogan, seconded by Councilman. Vandeveer, to follow Mrs. del Campo's recommendation to have Hrs. Virginia L. Culp appointed to the vacancy for the remainder of the term, or December 6, 1984. Discussion followed concerning the vacancy of an elected position and the proper procedure for filling that vacancy, which is to complete a Reservoir of Citizen's form stating their qualifications and interest In the position. These are then reviewed by the Council and the appointment made. A motion was made by Councilman Hillis, seconded by Councilman Gallagher to table the original motion. A vote was taken and the motion carried, with Councilmen Vandeveer and Hogan voting "No". A motion was made by Councilman Hillis, seconded by Councilman Gallagher, and unanimously carried, to adopt the following procedure: City advertise the vacancy in the office of the City Clerk and open the position to all Arroyo Grande electors to submit an application to the City Manager by February 15, 1984; and City Council will make a decision at the meeting of February 28, 1984, to fill the position until Oecember 6, 1984. Mr. Mack said a letter from Council Member Millis thanked each.of the Council and Department heads for the participation in Student Government Day. Hr. Mack called attention to a memo received from the City of San Luis Obispo regarding the Ferrini Annexation. An important statewide Court decision came down against the City of San Luis Obispo's position, which is outlined In the 84 Daily Journa 1 D.A. R. 159 of Government Law, which says a City cannot deny an annexation approved by LAFCo. City Attorney Shaw said a constitutional amendment to the State Constitution is the only way a city can protect themselves. City Manager Mack said an item was received today from the Village of Arroyo Grande Association requesting portable toiJets be made available for use in the Village. ORAL COMMUNICATIONS - None ADJOURNMENT On motion of Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, to adjourn to 6:30 P.M. on February 14, 1984. The meet i ng adjourned at 11:30 P.M. MAYOR ATTEST: DEPUTY CITY CLERK. .-