Minutes 1977-05-09CITY COUNCIL
ARAOYO~GRANDE~ CALIFORNIA
,.
_ - - .325
MAY 9, 1977
The City Council met in regular session with Mayor Gabe de Leon presiding.
Upon roll call, Council Members Al Spierling, Matthew Gallagher, Jr., Calvin
Schlegel and Mark Millis reported present.
PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor de Leon led the Pledge of Allegiance to our Flag; and immediately
thereafter, Reverend Lorenz, of the First Baptist Church in Arroyo Grande,
delivered the invocation.
APPROVAL OF MINUTES
The minutes for the regular adjourned meeting of; April 25th and the regular
meeting of April 26, 1977, were approved as prepared.
APPROVAL OF WARRANTS
On motion of Councilman Schlegel, seconded by Councilman Gallagher and
unanimously carried, General Warrants No. P272 through P297, in the total amount
_ of $226,109.05 and Warrants No. 6444 through No. 6497 ,. in the total amount of
$37,498.83; and Payroll Warrants No. 8719 through No. 8793, in the total amount
of $32,858.67, were approved and ordered paid.
PROCLAIM "MUNICIPAL CLERKS' WEEK" - SECOND WEEK OF MAY
Mayor de Leon proclaimed the second week of May, 1977, as "Municipal Clerks'
Week" in the City of Arroyo Grande, as requested by the International Institute
of Municipal Clerks,
PROCLAIM "BUDDY POPPIES DAYS" - MAY 20TH AND 21ST. 1977
Mayor de Leon proclaimed the days of May 20th and 21st, 1977, as "Buddy
Poppies Days" in the City of Arroyo Grande, as rgquested by the Veterans of
Foreign Wars of the United States.
PROCLAIM "AMERICAN FIELD SERVICE WEEK" - MAY 9TH THRU 16TH, 1977
Mayor de Leon proclaimed the week of May 9th through 16th, 1.977, as
"American Field Service Week" in the City of Arroyo Grande, as requested by the
A.F.S. Chapter in this area.
APPROVE "WALK-A-THON DAY" ON MAY 14. 1977 TO BENEFIT M.D.A.
The City Council reviewed a letter from the Muscular Dystrophy Association,
Tnc., requesting the Council sanction a walk-a-thon to be held on May 14, 1977,
to benefit the Tri-County Chapter of M.D.A. After Council discussion, a motion
was made by Councilman Spierling, seconded by Councilman Gallagher and unanimously
carried, approving the M,D.A. Walk-A-Thon on May 14, 1977,
INVITATION TO ATTEND SEMINAR ON AGING & PUBLIC POLICY: MAY 14 AT~UCSB
The Council read a letter from the Tri-County Commission for Senior
Citizens, Area Agency on Aging, inviting the Council to attend a seminar on
Aging and Public Policy to be held May 14, 1977 at the University of California
at Santa Barbara Extension.
~~~SUPPORT DUARTE RESOL, RE. AB 965. SINGLE SOURCE FUNDING FOR YOUTH/FAMILY PROJECTS
The Council read a letter and Resolution from the City of Duarte,
requesting support of A,B. 965, which encourages single source funding by the
State for locally controlled programs to deal with youth and family related
,problems, After Council discussion, the City Administrator was directed to
send letters to the City~s legislative representatives, urging support of AB 965.
LETTER OF THANKS TO THE CITY FROM BETHEL BAPTIST CHURCH IN GROVER CITY
The Council read a letter of thanks from the Bethel Baptist Church in
Grover City, signed by Charlotte Burrier, Church Clerk and Pastor Roland
Gustafson, thanking the City and its Administrator for their. efforts on behalf
of area residents.
DEPARTMENTAL REPORT FOR APRIL. 1977
The Departmental Reports for the month of April, 1977, were received by
the Council, reviewed and ordered filed.
3zs
CITY COUNCIL
ARROYO GRANDE
MAY 9, 1977
PAGE 2
~...~. ~-,~.vu. - vxu. auur•riOrv - ESTABLISH "O" DISTRICT PROVISIONS
City Attorney Shipsey read the title of an Ordinance amending the Municipal
Code by adding provisions to the Zoning Ordinance to allow for "0", Open Space
Districts; thereafter, a motion was made by Councilman Schlegel, seconded by
Councilman Gallagher and unanimously carried, to dispense with reading the
balance of this Ordinance.
ORDINANCE N0. 152 C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING
THE ARROYO GRANDE MUNICIPAL CODE BY ADDING SECTIONS
1751, 1752, 1753 and 1754 TO CHAPTER 4 OF TITLE 9
TO PROVIDE FOR AN OPEN SPACE OR "O" DISTRICT.
On motion of Councilman Spierling, seconded by Councilman Gallagher and
on the following roll call vote, to wit:.
AYES: Councilmen Spierling, Gallagher, Schlegel, Millis and Mayor de Leon
NOES: None
ABSENT: None
the foregoing Ordinance was passed and adopted this 9th day of May, 1977.
- ORD. ADOPT. -
nr~~ mn ~~n _ni~
City Attorney Shipsey read the title of an ordinance amending the City's
Zoning Map so as~to rezone, from "A" to "A-D", Agricultural District with the
"-D" override to provide a basic five (5) acre minimum parcel size on Greenwood
Acres; thereafter, a motion was made by Councilman Schlegel, seconded by
Councilman Gallagher and unanimously carried, to dispense with reading the
•balance of this Ordinance.
.. . , -'y';`.: , ~ a'sr ., ^., ORDINANCE NO. 153 C.S.
~ 7~
AN ORDINANCE=~OF'vPH$~CITY OF ARROYO GRANDE AMENDING
A PORTION OF THE ZONINGMAP OF THE CITY OF ARROYO
GRANDE REFERRED TO IN SECTION :302 OF 'TITLE 9,
CHAPTER 4 OF THE MUNICIPAL CODE SO AS TO REZONE'
CERTAIN PROPERTY IN THE CITY OF ARROYO GRANDE.
On motion of Councilman Millis, seconded by Councilman Gallagher and on
the following roll call vote, to wit:
AYES: Councilmen Spierling, Gallagher, Schlegel, Millis and Mayor de Leon
NOES: None
ABSENT: None
the foregoing Ordinance was passed and adopted this 9th day of May, 1977.
DIRECT DRAFTIIQG OF ORDINANCE TO ADOPT AMENDMENTS TO SUBDIVISION ORDINANCE
The Council received and reviewed a report from City Engineer. Karp,
covering the proposed amendments to the original proposed changes to the City's
Subdivision Ordinance, resulting from the Council's study session on April 25th.
The Council indicated agreement with the changes and directed City Attorney
Shipsey to prepare an Ordinance for adoption of said amendments.
ADOPT CONFLICT OF INTEREST CODE FOR PLAN. COMM. & CITY STAFF BY RESOLUTION
City Attorney Shipsey read the title of a resolution adopting a Conflict
of Interest Code~for certain City-connected persons; thereafter, a motion was
made by Councilman Schlegel, seconded by Councilman Gallagher and unanimously
carried, to dispense with reading the balance of this resolution.
RESOLUTION NO. 1279
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADOPTING.A CONFLICT OF INTEREST CODE APPLICABLE
TO MEMBERS OF THE CITY'S PLANNING COMMISSION AND
DESIGNATED CITY EMPLOYEES, PURSUANT TO THE POLITICAL
REFORM ACT OF 1974.
On motion of Councilman Spierling, seconded by Councilman Schlegel and
on the following roll call vote, to wit:
AYES: Councilmen Spierling, Gallagher, Schlegel, Millis and Mayor de Leon
~..,~ NOES: None
~~ABSENT: None
the foregoing Resolution was'pas§ed"'and adopted 'this 9th'day'of May, 1977.
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MAY 9, 1977
CITY COUNCIL PAGE 3
ARROYO GRANDE, CALIFORNIA
:TWO. ORDINANCES AMENDING MUNI. CODE RE. ANIMAL CONTROL IN CITY - 1ST READING
The Council reviewed two ordinances prepared by City Attorney Shipsey to
provide for certain changes in the City's Animal Control Ordinance, as previously
recommended by the County`s Animal Control Supervisor. After Council discussion,-
City Attorney Shipsey read the title of an Ordinance, for its first reading,
amending the Municipal Code by adding certain provisions to the Animal Control
Ordinance;- thereafter, a motion was made by Councilman Schlegel, seconded by
Councilman Spierling and unanimously carried, to dispense with reading the
,balance of this Ordinance,
City Attorney Shisey then read the title of an Ordinance, for its first
reading, amending the Municipal Code by amending a section of the Animal Control
provisions regarding penalties for violations; thereafter, a motion was made by
Councilman Schlegel, seconded by Councilman Spierling and unanimously carried,
~ to dispense with reading the balance of this Ordinance.
DIRECT CITY ATTY. TO PREPARE ORDINANCE RE'. ADDITIONAL ZONING ORD. AMENDMENTS
Administrator Butch reviewed that on April 12th, the Council had held .a
public hearing to consider certain amendments to the Zoning Ordinance, along
with the proposed "O", "S-F" and "P-F" Districts. The two pages of proposed
Zoning Ordinance amendments were again reviewed by the Council, with general
consensus being that the changes were necessary and proper. After Council dis-
cussion, City Attorney Shipsey was directed to prepare an ordinance for adoption
of various "clean-up" amendments to the City's Zoning Ordinance.
REVIEW OF LATEST LEGISLATIVE BULLETINS FROM LEAGUE OF CALIFORNIA CITIES
The Council received and reviewed the latest Legislative Bulletins from
the League of California Cities, including a comparison of various property tax
relief proposals before the legislature.
DISCUSSION RE.~ COMMITTEE TO STUDY APPLICANTS FOR COMMISSION APPOINTMENTS
Mayor de Leon stated his intention to set up a committee of two Council
Members and the City Administrator, to interview applicants for appointment to
vacancies on various City Commissions, with said committee to bring its recommenda-
tions back to the Council for consideration and approval. City Attorney Shipsey
stated his feeling that if three City Officials were to meet as an advisory
committee, said meeting would have to be noticed and open to the public. City
Attorney Shipsey was requested to research the matter further and report back to
the Council at its next regular meeting.
PUBLIC HEARING -AMENDMENTS TO ZONING ORD. RE. OFF-STREET PARKING REQUIREMENTS
The Council reviewed a report from Planning Aide Sullivan, stating that
the Planning Commission had passed a resolution recommending adoption of certain
amendments to-the Zoning Ordinance regarding minimum off-street parking require-
ments for lodges, clubs, community centers, churches,. chapels and mortuaries.
Upon being assured by the City Clerk that all requirements as provided by law,
regarding notification of hearing, have been complied with, Mayor de Leon
declared the hearing open and all persons for or against the proposed amendments
would now be heard.
The following persons were present and spoke in favor of the proposed
amendments: Joyce Beeler, 1304 Brighton; and Reverend Larry Lorenz, 709 Faeh.
1
There being no further public discussion on the matter, Mayor de Leon
i declared the hearing closed. After Council discussion, which reflected agreement
i with the proposed amendments, City Attorney Shipsey was directed to prepare an
Ordinance for the Council's consideration, to adopt the recommended amendments
to the Zoning Ordinance regarding minimum off-street parking requirements.
PUBLIC HEARING - PROPOSED USES OF FEDERAL REVENUE SHARING FUNDS
Administrator Butch reviewed that this is the first of two public hearings
to be held regarding expenditure of Federal Revenue Sharing Funds, with the one
tonight being for input on proposed uses and the next will be a budget hearing on
said funds. He distributed copies of requests for portions of the funds, as
follows: Five Cities Meals on Wheels, Inc. for $2,000; People's Self Help Housing
Corporation of San Luis Obispo County for $2,000; and from the Woman's Club of
Arroyo Grande, for expansion of the Community Center; and a copy of a memo passed
out to parents of Lucia Mar School District students, urging them to attend this
Council meeting to request a share of the funds for the school district. Also
reviewed were reports from the City Administrator regarding proposed uses of
Revenue Sharing Funds for the 1977-78 fiscal year, as determined through the
Community Congress and a special committee formed last year to study the City
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CITY COUNCIL MAY 9; 1977
ARROYO GRANDE, CALIFORNIA PAGE 4
Hall's space needs. Proposed uses as studied by the City Council at a February
study session are as follows:
Woman's Club (Community Bldg, expansion) $200,000
Land Purchase 48,650
Fire House Site 100,000
Mason Street Property (2nd Payment) 13,640
Reservoir Site/Access 15,200
Assessment Projects 15,000
TOTAL $392,400
Upon being assured by the City Clerk that all requirements as provided by
law, regarding notification of hearing, have been complied with, Mayor de Leon
declared the hearing open and all persons would now be heard regarding proposed
uses-o~-Revenue Sharing Funds.-
The following persona were present and spoke on the matter: Reverend
Gorsline; 1300 Brighton, explained the Meals on Wheels program in full and
submitted an estimated budget for the program's 1977-78 fiscal year. He also
submitted copies of numerous letters urging support of the program and giving
testimonials of its benefits. He requested an allocation of $2,000 from this
City to assure the program's continuance. Eileen Taylor, 1029 Ash Street, spoke
on behalf of the Woman's Club of Arroyo Grande in requesting funds be set aside
for the expansion of the. Community Center. Jim McGillis,. 1142 Sunset Drive,
member of the 5-Cities Jaycees, spoke in support of the Meals on Wheels'' request
for funds. Ella Honeycutt, 560 Oak Hill Road, requested funds be allocated to
aid the school system, stating her feeling that each city in the County should
give Revenue Sharing Funds to the schools.
There being no further public discussion os the matter, Mayor de Leon
declared the public hearing closed. Attorney Shipsey clarified that no definite
decision will be made tonight regarding use of federal Revenue Sharing Funds.
The Council discussed the various requests received, with Councilman Millis
agreeing that the Meals on Wheels is a most worthy proposal, as are many of the
other service programs requesting funds, but that he felt monies for these should
come from the General Fund as for other continuing programs, and have Revenue
Sharing Funds used only for one time projects. Councilmen Gallagher, Spierling,
Schlegel and Mayor de Leon generally agreed with the foregoing.. An additional
public hearing will be held in the near future on how actual use of the Funds
will be distributed.
PUBLIC HEARING - APPEAL OF JACKSON, ET AL, RE. BADEN LOT SPLIT #77-262
City Administrator Butch reviewed a complaint received from Allen &
Elizabeth Jackson, et al (see Page 2 of April 26, 1977 Minutes) and a complaint
received April 28, 1977., filed by just Allen & Elizabeth Jackson, both regarding
Lot Split No .- 77-262 at 1385 Brighton Avenue applied for by Siegfried Baden.
Also reviewed in regard to the Lot Split and Complaints were memos and reports
regarding consideration of the Lot Split by the Subdivision Review Board and
Planning Commission (the Lot Split was applied for twice).
Upon being assured by the City Clerk thatr all requirements as provided by
law, regarding notification of hearing, have been complied with, Mayor de Leon
declared the hearing open and all persons interested in the. matter would now be
heard.
The following persons were present and commented on the Complaints filed
and the development proposed for the subject property: Margaret Stone, Attorney
representing the filers of the Complaints; Jim McGillis, 1142 Sunset Drive,
representing San Luis Engineers who represent the Lot Split applicants; Elizabeth
Jackson, 208 Fairview; Bill Doose, 1371 Newport; Al Keat, 209 Fairview; Joyce
Beeler, 1304 Brighton; Rev. Al Gorsline, 1300. Brighton; Tom Higdon, 183 Fairview;
Pearl Cole, 137 W. Branch; and Allan Jackson, .208 Fairview.
There being no further public discussion on this matter, Mayor de Leon
declared the hearing closed. The Council discussed the matter at length,
including the suggestion from the audience that if the development does go in,
that consideration be given to routing traffic from said development down
Courtland onto Grand Avenue and abandoning a portion of Brighton for a greenbelt,
sous not to create additional traffic on that street. City Attorney Shipsey
explained what the Council could do at this point, stating that a Negative
Declaration needs to be approved by the Planning Commission for this development
before any building can start. After further Council discussion, a motion was
made by Councilman Spierling, seconded by Councilman Gallagher and carried,
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CITY COUNCIL MAY 9, 1977
ARROYO GRANDE, CALIFORNIA PAGE 5
sending Lot Sp11t Case No. 77-262 back to the Planning Commission for recon-
s~$'eration along with guidelines to be prepared by the City Attorney for them)
and in the meantime..the,developers of the proposed parcel and City Staff consider
~..
the suggestion of traffic diversion onto Courtland toward Grand Avenue instead o
Brighton.
BUSINESS
. BOARD
On motion of Councilman M11115, SeCOIIQflQ Ay COllnc111Ran Jyleu iuy auu
unanimously carried, Board Members Jo Ann Wizemann and John Loomis were reappointed
to additional terns of three years each on the Parking and Business Improvement
Advisory Board.
RECEIPT OF 1/1/77 DEPT. OF FINANCE POPULATION EST. & CITY'S UPDATE REPORT
The Council reviewed a report from the Department of Finance, projecting
the City's population as of January 1, 1977 at 9,650. This is an increase of
300 people or 3.16 since the 1975 State estimate.. Also. reviewed was an informa-
tional pamphlet prepared for the City by Cal Poly student Denny Jones, which
indicates a reduction in the number of persons per dwelling unit and a decrease
in preschool-age children within. the City. The increase is iri the number of
retired persons living in the community.
REPORT RE. RECENT ANIMAL CONTROL MEETING
The Council reviewed a report from Police Chief Clark regarding a recent
Animal Control meeting, at which that Department's proposed budget for the
1977-78 fiscal year was reviewed. It is anticipated that the City's contract
price will be about $6,000 or lower,. as previously promised.
PROGRESS REPORT - ESTABLISHMENT OF SCHOOL BUILDING FUND PROPOSAL
The Council reviewed a letter from County Planning Director Ned Rogoway,
giving his suggestions for the fee on new construction to be placed into a
school building fund, a subject broached by Councilman Gallagher some time ago
,and now being studied by officials from the County and South County Cities. Mi.
Rogoway's suggestion for the fee is based on $300 for the first 1200 sq. ft. of
building and an additional 20C per square foot. City Staff reviewed this and
came up with a counter proposal which is a 18 factor of the assessed valuation.
'Using the $300 and 200 per sq. ft., compared to last year's building assessments,
we would have generated roughly $58,000 last year. Using the 1~ factor, roughly
$63,000 would have been generated. There will be another meeting in the near
future of the. officials to study this matter,. Ella Honeycutt,. 560 Oak Hill Rd.,
requested that Revenue Sharing Funds be used for school buildings until the
aforementioned building fees get built up.-
REPORT - RECENT COUNTY ,AREA COUNCIL OF GOVERNMENTS' MEETING - SPIERLING
Councilman Spierling; reported on recent meetings of the County Area
Council of Governments. On April 28th, a public hearing had been held on the
i proposed Update of the 1977 Regional Transportation Plan, at which 15 persons
were heard and the hearing was continued until May 5, 1977, at which time
additional public input was received and it was made clear that the people of
our community do want transit. Councilman Spierling emphasized that unless a
determination is made at the Area Planning Council level that there are no unmet
transit needs that cannot be met with existing or proposed transit systems, we
will receive no SB 325 funds next year, A meeting will be held in June on the
Elderly/Handicapped Transit-System. Councilman Spierling was also reelected as
~ ~Chairnan of the-AreaCouncil..
i
AUTHORIZE JOINING COUNTY RE. CHALLENGE OF FED. UNEMPLOYMENT COMP. AMENDMENTR
Administrator Butch reviewed that the Council had previously indicated
its support of a constitutional challenge to the Federal Unemployment Compensa-
tion Amendments of 7976, which law could prove to be: very costly to the City.
At a meeting with League officials, it was made clear that if the City does
not participate in the challenge, the City will not benefit, as an injunction
will only be sought for those states, cities, etc. participating in the challenge,
which fact was also outlined in a letter to the City from the National'Institute
of Municipal Law Officers. Administrator Butch reported that in a call from the
County's District Attorney's Office, he was informed that they will recommend to
the Board of Supervisors that the County support this matter financially, in which
case all cities in the County would be included in the injunction. With the
County's participation, the City's share of the litigation costs would be
considerably less. After Council discussion, a motion was made by Councilman
Spierling, seconded by Councilman Schlegel and unanimously carried, authorizing
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CITY COUNCIL MAY 9, 1,977
ARROYO GRANDE, CALIFORNIA PAGE 6
that the City join with the County in the constitutional challenge of the Federal
Unemployment Compensation Amendments of 1976, if the County participates in the
challenge.- If the County does not support the challenge ,. the City will look
into joining with other cities in the County to support said challenge jointly.
NOTICE RE. PUBLIC HEARING: CREATION OF "PF" & "SF" COMBINING DISTRICT: 5/24/77
The Council was informed that a public hearing has been set for May 24,
1977 at 8:00 P.M. to consider the recommendation of the Planning Commission for
the creation of.a "P-F" Primary Flood Plain District, and a "S-F" Secondary Flood
Plain Combining District.
REPORT - COUNTY & CITIES REGIONAL ELDERLY/HANDICAPPED TRANSPORTATION PROPOSAL
Councilman Spierling requested that the Council review the San Luis
Obispo County and Cities Regional Elderly/Handicapped Basic Transportation
Network Proposal, which they received in their agenda packets, and give him.
any comments on it by the Council's next regular meeting. The proposal
basically is to "piggy-back" a county-wide system on top of the existing senior
vans and that is to provide some degree of subsidy to the senior. vans and run
this system in addition to it.
NOTICE OF RETIREMENT LETTER FROM PLANNING DIRECTOR GALLOP
The Council read a letter from Robert C. Gallop, Planning Director,
giving notice of his decision to formally retire from the City on July 14, 1977.
Mr. Gallop has been employed with the City since November 30, 1965.
REFER COUNTY-WIDE SOLID WASTE MANAGEMENT PLANTO PLANNING COMMISSION
Administrator Butch informed the Council that before it has a public
hearing on the County-Wide Solid Waste Management Plan, which the County has
adopted, it should be reviewed by the Planning Commission, as it will become a
part of this City's General Plan. After Council discussion, a motion was made
by Councilman Millis, seconded by Councilman Spierling and unanimously carried,
referring the County-Wide Solid Waste Management Plan to the Planning Commission
for its review and recommendations.
REPORT - RECENT COUNTY WATER RESOURCES, ADVISORY COMMITTEE MEETING - GALLAGHER
Councilman Gallagher reported on the May 4, 1977 meeting of the County
Water Resources Advisory Committee, stating that they had prayed which brought
about the. recent rains. Discussion had been held regarding Morro Bay's water
problem and the California Aqueduct Water Project, which is being delayed due
to the County of Santa Barbara's indecisiveness about going along with the
project's extension to this and their counties. It was generally agreed that
Santa Barbara would be pressed for a timely decision on this project. Further
discussion had also been held regarding weather modification (cloud seeding)
with information received that it has been very successful in areas that have
used it. - - ~. ._
AUTHORIZE FURTHER SEWER HOOK-UP TIME EXTENSION: SHEPHERD
The Council reviewed a letter from Dewey Shepherd requesting an additional
three-months time extension to hook-up the sewer at 1118 Palm Court. Director
of Public Works Anderson recommended the extension be granted as Mr. Shepherd
has made efforts to hook-up. After Council discussion, a motion was made by
Councilman Spierling, seconded by Councilman Gallagher and unanimously carried,-
granting Dewey Shepherd a three-months extension of time to hook-up 1.118 Palm
Court to the City's sewer system, with the matter to be reviewed again at the
expiration of the extension if necessary.
SET BUDGET STUDY SESSION: MAY 18; 1977, 4 P.M.
Administrator Butch recommended, and. the Council agreed, to set a Budget
Study Session at 4 P.M. on May 17, 1977, to be combined with the Council meeting
on that date required by election laws to declare the May 10, 1977 Special
Election results.
AUTHORIZE ,MAYOR TO BE ABSENT FROM COUNTRY IN MAY
As requested by Mayor de Leon, a motion was made by Councilman Spierling,
seconded by Councilman Gallagher and unanimously carried, granting him permission
to be absent from this Country at times during the month of May, 1.977. _-._
..._ .._- .- _. .,__~ma-i
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CITY COUNCIL
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MAY 9, 1977
PAGE 7
AWOURNMENT
On motion of Councilman Schlegel, seconded by Councilman Millis and
unanimously carried, the meeting adjourned at 10:04 P.M. until 4 P.M. on May
17, 7977.
CITY CLERK
~'`-~~
MAYOR