Minutes 1978-12-12
C \TY COUNC I L
ARROYO GRANDE, CALIFORNIA
DECEMBER 12,
7:30
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1978
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The City Council met in regular session,with Mayor
roll call, Council Members Matt Gai1agher, Jr., Gabe de
BlAnn Smith reported present.
Mark Millis presiding. Upon
Leon, Hugh Pope, Jr., and
APPROVAL OF MINUTES
It was moved by Counci I Member Gallagher, seconded by Counci 1 Member de Leon
unanimously carried that the minutes for the meetings of November 28 and December
1978, be approved as submitted.
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and :!
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APPROVAL OF WARRANTS
It was moved by Council Member de Leon, seconded by Council Member Gallagher and
unanimously carried that Demand Warrants No. P571 to P580, and P582, and Warrants No.
9799 to 9880 in the total amount of $136,460.42 and Payroll Warrants.No. 12862 to
12964, in the total amount of $44,872.97, for a Grand Total of $181,333.39, be
approved as submitted and ordered paid.
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APPROVAL OF CONSENT AGENDA ITEMS
On the motion of Council Member de Leon, seconded by Council Member Gallagher
and unanimously carried, the following Consent Agenda Items were approved as recom-
mended by Adm in i s t rator ,Butch: ,
A-I. Invitation to Second Annual Seminar on Aging and Publ ic Pol icy, December 30,
1978, Goleta. RECOMMEND THAT ANY COUNCIL MEMBER INTERESTED, RESERVATIONS WILL BE MAD~.
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A-2. Receipt of List of Annual Youth in Government Day Participants Set for January 9;:
1979. RECOMMEND RECEIVE AND PLAN TO ATTEND ON JANUARY 9, 1979.
A-3. Receipt of Resolution from the City of Carpinteria Establishing
~the Lack of State Concern 'for the Impact of State Mandated Costs.
CEIVE AND FILE. '
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Strong.Oppositiori
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RECOMMEND RE-
A-4. R~~eipt of Inform~tion from Pol ice Chief Clark, Re. Bad CheckS and Bicycle
RECOMMEND RECEIVE AND FILE.
Li cen s~s .
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Southern
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A-5. Receipt of 9th Consecutive Year of No Pedestrian,Fatalities, Auto Club of
California Pedestr\an Safety,Citation., RECOMMEND RECEIVE AND FILE.
RECEIPT OF DEPARTMENTAL REPORTS FOR NOVEMBER, 1978
Administrator Butch presented the Departmental Monthly Report for November, 1978
noting the new street sweeper was currently in operation and'working extremely well.
The report was ordered received and filed.
RESOLUTION NO. 1334: AMENDING CIRCULATION ELEMENT OF THE GENERAL PLAN TO
INCREASE E. FRONTAGE'RD. RIGHT OF WAY AND SHOW TALLY HO ROAD AS LOCAL STREET ,
Administrator Butch presented the proposed res61ution adopting the amended Cir-'l
culation Element of the General Plan, with regards to increasing the East Frontage ,
Road cross section right of way to 56 feet and showing Tally Ho Road as a local .street,l,
with a 52 foot right of way. After brief discussion, ,Attorney Shipsey read the title ,I,
of the resolution. It was moved by .Counci 1 Member Gallagher, 'seconded by Counci 1 :
M<;mber de Leon and uf]animously carried to ,dispense wi,th further reading .of the reso1u-1
t Ion. 'I
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RESOLUT I ON NO. .1334
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A RESOLUTION .OF THE CITY,COUNCIL OF THE CITY ,OF
ARROYO GRANDE ADOPTING THE AMENDED CIRCULATION
(STREET AND HIGHWAY) ELEMENT'OF THE GENERAL PLAN.
On the motion of Council Member de Leon, seconded by Council Member Gallagher
and on the following roll call, vote, to wit:
AYES:
NOES:
,ABSENT:
Council Members Gallagher,de Leon, 'Pope, Smith and Mayor Millis.
None.
None.
the foregoing resolution was passed and adopted this 12th day of December, 1978.'
RESOLUTION NO. 1335: AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN
Planni,ng Dire<;tor Castro briefly reviewedithe proposed resolution on proposed I
amendments to the Land Use Elemeni of the General Ylan, as heard in public hearings ,
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from July 25, 1978, through November 28, 1978. He explained the items which the, :I
Council modified or denied will go back to the Planning Commission ,for ,further study, ~
and noted all other changes were ,reflected in the resolution. , Attorney Shipsey then ,I
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lJA COUNC I L
ARROYO GRANDE, CALIFORNIA
DECEMBER 12, 1978
PAGE 2
gave the first read i ng to. the reso I ut i on. I twas moved by Counci I Member Ga II agher,
seconded by Council Member de Leon and unanimously carried to dispense with further
reading of the resolution.
RESOLUTI ON NO. 1335
A RESOLUTION.OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ADOPTING THE AMENDED LAND
USE ELEMENT OF THE GENERAL PLAN.
On the motion of CounciL Member de Leon, seconded by Council Member Gallagher and
on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Gallagher, de Leon, Pope, Smith and Mayor Millis.
None.
None.
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the foregoing resolution.was passed and adopted this 12th day of December, 1978.
Administrator Butch then read a letter from Mr. Roger Fuller, 271 South Alpine,
requesting the Council reconsider its decision for tentative denial of Item 54, Farroll
Road. It was explained.this is one of the items to.be sent back to the Planning Com-
mission for further consideration.
REZON I NG CASE 78-122: 1122.& 1160 E. FRONTAGE ROAD FROM "A" TO "P-D" -. DEN I ED .
Administrator Butch explained that the ordinance authorizing the change in the "A"
zoning to "P-D" on these Frontage Road parcels had received its first reading at the
last .regular meeting of the Council, with some change in the wording. Planning Director
Castro explained that one of the owners of the property, Mr. Pat Gifford, had not found
the suggested changes to be acceptable. Mr. Gifford then spoke to the Council requesting
this matter be continued to allow him more time for further study; he felt the plan for
development was ambitous, and if it did not develop, he did not .wish to be tied in with
a project that was not economically viable. Considerable discussion continued, with the
Council expressing concern that this action might be premature as the owners were not
yet sure what they wish to.do with the property. It.was moved by Council Member Gallagher,
and seconded by Council Member de Leon that the rezoning from "A" to "P-D" on this eleven
acres (1122 & 1160 E. Frontage Road), be denied without prejudice. Discussion on the
proposed zoning continued. After discussion, on the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members Gallagher, de.Leon, Pope, Smith and Mayor Millis.
None.
None.
the motion to deny without prejudice the rezoning on this eleven acres was unanimously
ca r r i ed .
DENIAL OF ESTABLISHMENT OF FORMAT TO .REVIEW THE CITY'S GENERAL PLAN.
Administrator Butch explained the .Counci.l had previously requested .the review/re-.
vision of the General Plan. Planning Director Castro then presented a format he.had
prepared for updating the General Plan. The .format i.ncluded review of the General Plan
Elements, providing for as much citizen participation as possible, in the time frame of
January, 1979, to September, 1979. There was considerable Council discussion on the
format for total revision of the General Plan. Some Council Members felt a mass overhaul
of the General Plan was unwarranted, but if some elements did not meet required standards, ~.
they could be revised through usual hearing procedures. Other Council Members were in
favor of revising the entire General Plan. After discussion, it was moved by Council
Member Pope and seconded by Council Member de Leon, that the Council deny the establish-
ment of a new format to generate the review of the General Plan. On the following roll
call vote:
AYES:
NOES:
ABSENT:
Council Members de Leon, Pope and Mayor Millis.
Council Members Gallagher and Smith.
None.
the foregoing motion to deny the establishment of a new format for General Plan review
was carried.
After discussion, it was moved by Council Member Gallagher and seconded by Council
Member Smith that the .staff undertake a study of the General Plan within .th'e time frame
from January - September, 1979, and that the staff, through the Planning Commission and
City Council make every effort to obtain citizen input and that staff review the General
Plan bringing to the Council any recommendations that they feel should come forward at
thJs time. Council discussion ~nsued, with some Council Members stating this is already
the duty of the Planning Director and only specific revisions or specific items in the
CITY COUNC I L
ARROYO GRANDE, CALIFORNIA
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DECEMBER 12, ) 978! -
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General Plan should be brought up for"revision.- Mayor-Millis went on record in opposic
tion to total revision of the General Plan. After"discussion, on the following roll
call vote:
AYES:
NOES:
ABSENT:
Counci I Members Gallagher and Smi tho
Council Members de Leon, Pope and Mayor Millis.
None.
the foregoing motion to undertake a study of the General Plan was denied. Upon ques-
tion from Joe Moore,200 Nelson, Counci 1 confi rmed that the Parks and Recreation Com-
mission could submit specific items for revision in the Parks and Recreation Element
of the General Plan, to the Planning Commission.
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RECEIPT OF LATEST LEAGUE OF CALIFORNIA CITIES' LEGISLATIVE BULLETINS
Administrator Butch presented the latest League of California Cities' Bulletins,
one of which noted the affects-of Proposition 13 throughout the State. He also pre-
sented a Legislative Wrap~upof the 1978 bills still in Sacramento.
RESOLUTION 1336: DELEGATION OF AUTHORITY IN RETIREMENT OF SERGEANT RANDOLPH P. LEE
Administrator Butch explained Randolph P. Lee was a Sergeant with the- Pol ice De-
partment. Randy sustained an injury, which the City's insurance agency determined
was an industrial injury, leaving him incapacitated and necessitating his retirement.
Administrator Butch then read the title-of the resolution determining that Randy"Lee
should be retired." It was moved by Council Member de Leon, seconded by-Council Member:
Gallagher and unanimously carried to"dispense-with further reading-of the- resolution.
RESOLUTION NO. 1336
A RESOLUTION -OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE FINDING AND DETERMINING THAT SERGEANT RANDOLPH
P. LEE IS INCAPACITATED AS "A RESULT OF AN INDUSTRIAL
INJURY AND THAT-HE SHOULD BE RETIRED.
On the motion of Council Member Gallagher, seconded by Council Member de Leon
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Gallagher, de Leon, Pope, Smith and Mayor Millis.
None.
None.
the foregoing resolution .was passed and adopted this 12th day of December, 1978.
AWARDING OF-FOUR"BIDS FOR NEW MOTOR VEHICLES
Administrator Butch explained the City had "budgeted $20,000 for four or five good "
used/new vehicles in the-1978-79 Budget. - Both local dealers and-the Hertz used car"
lot were contacted for bids. After comparing all bids, it was requested the Council-
authorize the purchase of four vehicles as follows:
FROM CHRISTIANSON CHEVROLET:
1- 1979 Chevette Hatchback Sedan "(Bldg. Dept.)
1 1979 4-Wheel Drive Pickup (Construction Inspection)
$ 4,2 1 3 ;,46 "
6;419.36
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FROM PAUL REYNOLDS FORD:
2 1978 Fairmonts (I for Police & Fire Depts;_and -9;646.00
1 for City Engineer)
GRAND TOTAL $20,278.82
On the motion of Counci.l Member de Leon; seconded by Council Member Gallagher
and unanimously-carried, the Council authorized the purchase of four new- cars- from
local dealers as detailed above.
REPORT ON SLO AREA COUNCIL OF GOVERNMENTS MEETING ON NOVEMBER 3D, 1978
Administrator Butch explained that the hearing on the Air-Quality Plan- for San
Luis-Obispo County was held over until January-18, 1979.
REV I EW OF PROPOSED LOCAL ENERGY CONSERVAT I ON PROGRAM - -,
" Administrator Butch explained the City had been working with Southern California
Gas Company, Pacific Gas"and Electric, and Solar Air to help deve']op an-energy"conser-'
vation program for the South County; Arroyo- Grande wi I I be used as an example for an I
energy audit to teach citizens ways and means to conserve energy and help save money.
RESOLUTION NO. 1337: COMMENDING CAROL HALLETT FOR HER SERVICE TO ARROYO GRANDE
Administrator Butch explained Carol Hallett is the first Assemblywoman to attend
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
DECEMBER 12, 1978
PAGE 4
a Counci 1 meeting; she has been very helpful in coming to meetiwHh the Counci 1 "to offer
her services"to our City and the Council wished to commend her for her assistance to the
City of Arroyo Grande. Administrator Butch then read the entire resolution commending
Carol Hallett.
RESOLUT I ON NO. 1337
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE COMMENDING ASSEMBLYWOMAN CAROL HALLETT FOR HER
SERVICES TO THE CITY OF ARROYO"GRANDE AS A REPRESENTA-
"TIVE OF THE STATE OF CALIFORNIA.
On the motion of Council Member Gallagher, seconded by Council Member Smith and on
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Gallagher, de Leon; Pope, Smith and Mayor Millis."
None.
None.
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the foregoing resolution was passed and adopted this 12th day of December, 1978."
PROGRESS REPORTS: FIRE"STATION; COMMUNITY BLDG.; STROTHER PARK; ELM ST: SPORTS COMPLEX
Administrator Butch explained the City is currently negotiating to acquire the
prime location for the FIRE STATION relocation, "which is Certified Freight Lines' "
property; the problem is in acquiring the property"without losing the business or in-
fringing on their property. Mayor Millis suggested the use of a common parking lot;
Council Member Gallagher requested other sites and prices be brought before the Council
for consideration. Administrator Butch noted there was nothing to report on the COM-
MUNITY BUILDING at this time. The architect has made the necessary revisions on the
plans for STROTHER PARK and they should go before the Parks and Recreation Commission
at their meeting of December 20, 1978; the City should be ready to call "for bids at the
first meeting in January, 1978, with the awarding in the first part of March. On the
ELM STREET SPORTS COMPLEX, the City should receive some type of plans in a couple of weeks.
REPORT ON MEETING OF COUNTY WATER RESOURCES ADViSORY COMMITTEE MEETING: "12/6/78
Administrator Butch noted "there was nothing to report on this meeting.
PROGRESS REPORT ON TALLY HO ROAD DRAINAGE
Administrator Butch explained the Public Works Director had received one petition
back on the formation of the Tally Ho Road assessment district. He"explained the City
staff could not be used to circulate the petitions. It was the feel ing of" the Counci 1
that the Council has done as much as possible in the formation of the District and it is
the responsibility of the residents of Tally Ho Road to continue from this point." Dis-
cussion continued between the Council, audience and staff on the petitions, assessment
districts and clearing of the creek. Staff confirmed that the City will continue to
provide assistance, sand and sand bags during the rainy season regardless of the decision
on forming the assessment district. "
PROGRESS REPORT ON THE SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT
Administrator Butch explained the Sanitation District held a public information
meeting on the joint ocean outfall line between Pismo Beach and the District, on Decem-
ber 6, 1978. Of special importance, Pismo Beach has determined the best and most econo-
mical operation of their plant would be by joining the District's outfall line. To this ~
purpose, they will run a 16-inch, high pressure line from their treat~ent plant, down
Highway 1 to the Sanitation District outfall 1 ine; this will be a saving to Pismo Beach.
The District's outfall line will extend out into the ocean 4,000 feet, with a wye and
diffusers at the end, so the effluent will be completely diffused with the sea water
thus eliminating the need for chlorine. It will be a 30-inch line, with a capacity of
8.6 million gallons per day, and a minimum life span of 20 years, which can be expanded
if put under a pressure system. There was brief discussion on other"alternatives con-
sidered by the District which were prohibited by excessive cost.
RECEIPT OF LETTER FROM MRS. DOR I S ELV IN, LE PO I NT STREET, RE. RUNOFF PROBLEMS
Administrator Butch presented a letter from Mrs. Doris Elvin, 228 Le Point Street,
with regard to storm-water runoff "from Miller Way, wnich has created problems for "her
home and property. City Engineer Karp explained the City will enlarge the drain which
serves this property and place it under a sidewalk; this, combined with raising the crown
of the street, will help alleviate Mrs. Elvin's problems. "After heavy rains are "received,
the City will" review the effectiveness "of" this pipe, and if possible, will lower the
berm in front of her garage to allow access to her garage.
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
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DECEMBER 12, 197811 I
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TRANSFER OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR FIVE CITIES TAX CO. :1
Administrator Butch explained the City had received a request for the transfer of!,
the Certificate of Public Convenience and Necessity.for the Five Cities Taxi Company
from Dorothy Tabain to Louise Reynolds. The transfer is for one taxi, and all neces- ~i
sary information for the transfer has been provided. It was moved by'Council Member '
de Leon, seconded by Council Member Gallagher and unanimously carried to approve the
transfer of the Certificate of Public Convenience and Necessity for the Five Cities
Taxi Company from Dorothy.Tabain to Louise Reynolds.
RECEIPT OF LETTER FROM COASTAL SAN LUIS RESOURCE CONSERVATION .DISTRICT
Administrator Butch presented a letter from the Coastal San Luis Resource Conser-;
vation District, dated December 11, 1978, requesting the inclusion of drainage~as part ,.
of the agenda for the upcom i ng meet i ngs. for. p 1 ann i ng. The 1 etter was rece i ved and.'
fi led.
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ORDINANCE 187 C.S., 30-DAY MORATORIUM ON CONVERSION OF APARTMENTS TO CONDOMINIUMS
Planning Director Castro explained that within the last week he has received
several requests on converting apartments to condominiums. He explained ,the present
map act and ordinance. does not give the City much leeway or direction in this matter
and he requested some guidance from the Counci 1 or that the Counci 1 adopt an ordinance,
to establish a moratorium on these conversions until the City has determined how it
will proceed. He explained these conversions create many problems, including the
elimination of much needed housing for many people. He asked the Council to adopt an
emergency.ordinance declaring a 120-day moratorium on apartment to condominium.conver-"
sions and after the first of. the year the staff would come back.to the Council with.
some ideas on how to proceed. There was considerable Council discussion with Mayor
Millis expressing concern over possible ramifications of this ordinance and requesting,
time for study of the.ordinance.before its adoption and Council Member Pope suggesting,.
a 30-day moratorium. rather than 120 days. Attorney Shipsey then.gave the first reading
to the ordinance declaring a 120 day moratorium and.confirmed that a.4/5's vote,is ".
necessary for passage of an emergency ord i nance. I t was moved by Counc i 1 Member Ga 11 a-,
gher, seconded by Counci I Member de Leon and unanimously carried to dispense with i
further reading of the ordinance. It was moved by Council Member.Gallagher, seconded ,[
by Council Member de Leon.to adopt an.emergency ordinance calling for a 120-day mora-
torium on the conversion of apartments to condominiums; on the following roll call vote:
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AYES:
NOES:
ABSENT:
Council Members Gallagher, de Leon and Smith.
Council Members Pope and Mayor Millis.
None.
the foregoing motion to adopt an emergency ordinance calling for a 120-day.moratorium
on the conversion of apartments to 'condominiums was denied.
It was moved by Council Member Gallagher, seconded by Council Member Pope that
the Council adopt an emergehcy ordinance call ing for a 30-day moratorium on the con-
version of apartments'into condominiums. Planning Director Castro assured the Council
that there were no hidden implications in this ordinance, but it will allow time for
research to obtain a true picture of what is happening lriithis area. This will also
allow protection for people currently buying the property. Attorney Shipsey explained "
he felt this was a proper.' ordinance; he then read the title of the ordinance calling
for a 30-day moratorium on the conversion of apartments to condominiums. It was moved
by Counci 1 Member Gallagher, seconded .by Counci 1 Member de Leon and unanimously carried'
to .dispense.with. further reading .of the ordinance. .'
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ORDINANCE NO.
187 C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE RELATING
TO THE APPROPRIATE ZONING FOR "CONDOMINIUM CONVER-.
SIONS" AND DECLARING THIS ORDINANCE TO BE IMMEDI-
ATELY EFFECTIVE.
On the motion of Council Member Gallagher, seconded.by Council Member.de Leon.
and on the following roll .call vote, to wit:.
AYES:
NOES:
ABSENT:
Counci 1 Members Gallagher, de Leon, Pope, Smith and Mayor Mi 11 is.
None.
None.
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the foregoing ordinance was passed and adopted this 12th day of December, 1978.
REPORT ON SURPLUS SALE OF DECEMBER 9, 1978
Administrator Butch reported the City received $2800 on its annual surplus sale
held December 9, 1978.
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CITY COUNC I L
ARROYO GRANDE, CALIFORNIA
CANCEL 'REGULAR COUNCIL MEETING OF DECEMBER '26, 1978
On the motion of Council Member Gallagher, seconded
on the following roll call vote, to wit:
DECEMBER 12, 1978
PAGE 6
,by Council Member de Leon, and
'AYES:
NOES:
ABSENT:
'Council Members Gallagher, de Leon, Pope, Smith and Mayor'Mill is.
None.
None.
the regular Council meeting of December 26, 1978, was cancelled.
AUDIENCE COMMENTS ON GENERAL PLAN ELEMENTS
Mr. Joe Moore, 200 Nelson Street, requested the Council consider a'noise control,
ordinance for its Noise Element of the General Plan. ,Staff explained there are only two
areas In the entire City which have a high ~oise reading and both of the~e are wayside
parks where h'igh readings are expected. Also, it would cost approximately $20,000 to
implement a noise control ordinance. Mr. Clark Moore stated he felt the City should
include a drainage plan in its General ~lan.
REQUEST..FOR..CONSIDERATION OF TRACT 625
Mike Forrest, Forrest-Fox Realty, asked the Council to consider acceptance of Tract
625. Staff explained this item had been deleted from the agenda, but could be placed
on an agenda once the work was completed.
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REQUEST BY COUNCIL MEMBER GALLAGHER RE. UNAUTHORIZED GRADING ON LEMON PROPERTY
Council ,Member Gallagher requested information on the enforcement of the City's
EIR ordinances, with particular consideration to the Lemon property and numerous viola-
tions,which have been occurring in that ,area. , He asked if the City's ordinances were
backed up by'legal action if necessary and cited additional grading which has occurred,
without a permit. City Engineer Karp explained he had written to'Mr. Lemon with regard
to this most recent grading instructing him to cause restoration or protection ,of the
hill and informing him that any immediate damage occurring from this grading will be
corrected'at Mr. Lemon's expense. Also, the final approval on the Lemon house will be
held up until the fees are paid. Attorney Shipsey explained the City does have an
attorney who can file criminal complaints for violation of building ordinances, but it
Is up to the judge to determine what fines are appl icable and will be paid. Council Mem-
ber Gallagher requested the staff address itself to the resolution of this problem, and
if necessary, have the attorney address himself to this situation to determine what is
necessary to have this ordinance enforced.
ADJOURNMENT
It was
unanimously
1978.
ATTEST: (lh:tklu~. 0;( ~Cvv.-"~N"\
, DEPUTY CITY,CL K
moved by Council Member Gallagher, seconded by Council Member de Leon and
carried that the meeting adjourn at ,9:55 P.M., to 6:00 P.M. on,December 13,
c-
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
DECEMBER 13, 1978
6:00 P.M.
The City Council met in regular adjourned meeting with ,Mayor Millis presiding. Upon
roll call, Council Members Gallagher, de Leon, Pope and Smith reported present. Also in
attendance were the City Administrator and all department heads.
ZERO BASE BUDGETING STUDY SESSION
Mr. Len Silvey, Executive Director of the Monterey Bay Area Regional Training Center
proceeded to give a training session on implementing of line item budget'programing and
performance budgeting, as well as how the zero base budgeting works.
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ADJOURNMENT
After a great deal of discussion, it
by Council Member de Leon and unanimously
P.M.
was moved by Council Member Gallagher, seconded
carried that the meeting be adjourned at 9:00
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ATTEST: Q,~ d~.",,,,,,,
DEPUTY CITY CLER