CC MINS 19790605 M I N U T E S
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
JUNE 5, 1979
The meeting was called to order at 7:37 P.M. by Mayor Ann Shaw at the Palos Verdes
Peninsula Unified School District Building, 30942 Hawthorne Boulevard. After the
Pledge of Allegiance to the flag, roll call was answered as follows:
PRESENT: RYAN, BUERK, HEIN, DYDA AND MAYOR SHAW
Also present were City Attorney Patrick Coughlan, City Manager Leonard G. Wood,
Director of Planning Sharon W. Hightower, Director of Public Works Dennis Pikus,
Administrative Services Officer George Wunderlin, Associate Planner Keith Turner,
and Deputy City Clerk Mary Jo Lofthus.
CEREMONIAL MATTER: Mayor Shaw presented a commemorative
resolution to Al Rosenthal in recog-
nition of his leadership and civic
dedication as the first Chairman of the City's Parks and Recreation Committee from
November 18, 1975 to May 5, 1979.
Mayor Shaw also presented a commemorative resolution to Mel Hughes in recognition
of his term as Chairman of the City's Planning Commission from April 18, 1978 to
May 15, 1979.
APPROVAL OF AGENDA After addition of Marineland (Ryan) ,
Plaza Palos Verdes (Shaw) and removal
of No. 16 (Agency Shop Bill) , the
amended agenda was approved on motion of Councilman Dyda, seconded by Councilwoman
Hein and unanimously carried.
WAIVER OF FULL READING OF Councilman Buerk moved, seconded by
RESOLUTIONS & ORDINANCES Councilwoman Hein, and unanimously
carried to waive reading in full of
all ordinances and resolutions adopted
at this meeting with consent to the waiver of reading to be deemed to be given by
all members of Council after the reading of title, unless specific request was made
at that time for the reading of such ordinance or resolution.
CONSENT CALENDAR After deletion of No. 1 (Minutes of
May 15) , No. 3 (Stop Regulations) ,
and No. 7 (Parking Restrictions) , the
amended Consent Calendar was approved as follows on motion of Councilman Buerk,
seconded by Councilman Ryan:
RESOLUTION NO. 79-51 ADOPTED RESOLUTION NO. 79-51 OF THE
REGISTER OF DEMANDS CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS
IN THE SUM OF $895,212.44, DEMAND NUMBERS
6313 THROUGH 6389.
RESOLUTION NO. 79-52 ADOPTED RESOLUTION NO. 79-52 OF THE
CLOSING INDIAN PEAK ROAD CITY COUNCIL OF THE CITY OF RANCHO
(305) PALOS VERDES TEMPORARILY CLOSING A
PORTION OF INDIAN PEAK ROAD ON JULY 14, 1979.
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RESOLUTION NO. 79-53 ADOPTED RESOLUTION NO. 79-53 OF THE
COUNTY AID TO CITIES CITY COUNCIL OF THE CITY OF RANCHO
(1404) PALOS VERDES REQUESTING AN ALLOCATION
AND PAYMENT OF COUNTY AID TO CITIES
FUNDS FOR THE MAINTENANCE OF SELECT
SYSTEM STREETS.
TRACT NO. 29795 Accepted the Grant Deed and instructed
SANITARY SEWER PURPOSES the City Clerk to record said deed.
(1411)
The motion to approve the Consent Calendar carried on the following roll call vote:
AYES: RYAN, BUERK, HEIN, DYDA AND MAYOR SHAW
NOES: NONE
C.U.P. NO. 48 John Vanderlip, representing the
APPLICANT: LESTER BARRON applicant requested that this matter
LOCATION: CRESTRIDGE ROAD be continued to the first Council
(1804) meeting in July. Councilman Ryan so
moved, seconded by Councilman Buerk
and unanimously carried.
ANTENNA ORDINANCE City Attorney Coughlan distributed copies
(1801) of the revised Antenna Ordinance to the
members of Council; he highlighted the
changes made.
In order to give Councilmembers the opportunity to read the revised Ordinance, Council-
man Dyda moved, seconded by Councilwoman Hein and unanimously carried, to continue
the discussion of this matter after the recess.
EASTVIEW ANNEXATION City Attorney Coughlan referred to his
(105) letter of May 29th concerning the
providing of services in the annexation
area. Basically, this letter pointed out that annexations have been treated differently
than incorporations, and there are no provisions providing for continuation of County
services. If the County is not inclined to provide services for the area through the
next fiscal year, it would probably be advisable to complete the annexation this fiscal
year in order to apply for bail-out funds that might become available. Since severe
time constraints exist, he advised that this matter be dealt with immediately.
City Manager Wood further commented on the amount of property tax that may be lost if
the annexation is not completed before the end of the fiscal year and the personnel
requirements in providing services for the area.
Councilman Dyda moved, seconded by Councilwoman Hein and unanimously carried to re-
affirm the schedule for the public hearing on the annexation for Friday,
June 29, 1979 at 7:30 P.M.
PUBLIC HEARING:
LANDSCAPE MAINTENANCE DISTRICT NO. 1 Mayor Shaw opened the hearing and the
RESOLUTION NO. 79-54 Clerk reported that notice had been
(901) published.
Director Pikus summarized the Engineer's Report for Landscape and Open Space Maintenance
District No. 1 for Fiscal Year 1979-80 which explained the plans and specifications
for the improvements, estimate of costs, diagram for the assessment district and the
assessment for each parcel.
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John McCarthy, representing the Portuguese Bend leaseholders, told the Council that
all 51 of the homeowners had signed the leases on their property and were anxious
to be excluded from the moratorium because it was delaying the close of escrow.
Mr. McCarthy was advised that it would be necessary to have Palos Verdes Properties
submit a request for exclusion as described earlier.
Council requested that Staff process as quickly as possible the geologic reports and
if satisfactory, to proceed with the proceeding of the Environmental Impact Report
for this area.
C.R. Bunten, 20 Cinnamon Lane, questioned what had been done about placing the water
and gas lines above ground in the landslide area.
Director Pikus responded that the City recommended that the California Water Service
Company place these lines above ground because they are subject to fracture. The
Water Company has decided not to put these lines above ground.
After Council discussion of who would be responsible for damage that might occur
as a result of these lines fracturing, and whether the PUC would preempt the City's
authority in this matter, it was the consensus of Council that the City Attorney should
write to the California Water Service Company advising them of the hazards of keeping
these lines underground.
Robin Doyno, 3 Plum Tree, told the Council that he appreciated their sensitivity to
the disaster and didn't feel that this was the time to change the boundaries of the
moratorium.
Timothy Betts, 7 Plum Tree, referred to the May 11th letter from Burrell, Ltd. re-
questing exemption from the moratorium. Since his property is so close to theirs,
he inquired that if the Burrells receive an exemption, could he also. Additionally,
he requested that any geologic data developed by the Burrells be made available to
him.
Mr. Betts was advised by Council that he would have to follow the procedure as described
earlier and would be able to review any data submitted to the City.
Tim Burrell, 4038 Exultant Drive, told the Council that he will make the appropriate
application to Staff for exemption and would make the information available to the
homeowners.
RECESS At 9:15 P.M. Mayor Shaw declared a recess.
At 9:25 P.M. she called the meeting back
to order.
ANTENNA ORDINANCE Councilmembers resumed their discussion
(1801) of the proposed antenna ordinance.
Councilwoman Hein moved, seconded by Councilman Dyda to add new Section 2 repealing
Section 9711 C. The motion carried unanimously.
Council referred to a letter from Robert Keefer, President of the Rancho Palos
Verdes Amateur Radio Association requesting that the word "tower" be substituted
for "antenna" throughout the ordinance.
Mel Hughes, 28017 San Nicolas Drive, suggested that the ordinance refer to "antenna
structures" rather than just "antennas." Councilman Dyda so moved, seconded by
Mayor Shaw and carried unanimously.
Councilman Dyda moved, seconded by Mayor Shaw and unanimously carried to strike the
word "unsupported" from Section 1. Paragrpah 4.
Robert Keefer, 5148 Silver Arrow Drive, read a letter requesting various changes to
the proposed ordinance.
Mel Hughes questioned the application of this ordinance to homes that are 30 ft. in
height and if they would be prohibited from having antennas with a simple permit.
City Council -4- 6/5/79
Council expressed concern that perhaps homeowners replacing TV antennas would be
required to obtain a permit.
Councilman Ryan moved, seconded by Councilwoman Hein to add to Paragraph No. 6
(Exceptions) subparagraph (2) , Subparagraph (vi.) Elimination of guy wires. The
motion carried unanimously.
Councilman Buerk moved, seconded by Councilman Dyda to add as Paragraph 5, in
Section 1. the following: Existing antenna structures with support of 2" or less
may be replaced with a similar structure without application to the City. The motion
carried unanimously.
ORDINANCE NO. 119 OF THE CITY OF RANCHO PALOS VERDES REGULATING ANTENNAS AND AMENDING
THE RANCHO PALOS VERDES MUNICIPAL CODE was introduced by title. Councilman Buerk
moved, seconded by Councilman Dyda to waive further reading and INTRODUCE ORDINANCE
NO. 119. The motion carried unanimously.
SB-200 - PERIPHERAL CANAL Councilman Dyda moved, seconded by Council-
(1601) man Ryan to authorize Mayor Shaw to write
a letter in support of SB-200. The motion
carried unanimously.
AB-1519 - STATE PROJECT Councilman Dyda moved, seconded by Council-
APPEALS BOARD woman Hein to authorize the Mayor to
(310) oppose AB-1519. The motion carried
unanimously.
SB-888 - MANDATORY BINDING Councilman Dyda moved, seconded by Council-
ARBITRATION man Buerk to authorize the Mayor to send
(310) a letter opposing SB-888. The motion
carried unanimously.
COASTAL LEGISLATION
PENDING LEGISLATION TO AMEND Mayor Shaw referred to the June 5th
THE COASTAL ACT memorandum prepared by the Director of
(310) Planning which summarized the various
bills proposed for amending the Coastal Act.
Additionally, she referred to an omnibus bill and it was the intention of the Legislative
Committee to further research this bill and bring to Council.
Councilman Dyda moved, seconded by Councilman Ryan to request a report from the
Legislative Subcommittee at the next meeting on the pending omnibus bill and those
bills not covered in the back-up on this item. The motion carried unanimously.
Mayor Shaw moved, seconded by Councilman Ryan and unanimously carried to reopen the
agenda for consideration of another matter.
COUNTY SUPERVISOR Councilman Ryan moved, seconded by Mayor
(310) Shaw, to support the selection of a
currently seated public official from
the Fourth Supervisoral District to fill the vacancy for the position of County
Supervisor. The motion failed on the following roll call vote:
AYES: RYAN AND MAYOR SHAW
NOES: BUERK, HEIN AND DYDA
Councilman Ryan moved, seconded by Councilman Dyda and unanimously carried to modify
the agenda and consider Item No. 18 (Underground District No. 4) as the next item of
business.
City Council _5_ 6/5/79
DALADIER DRIVE UNDERGROUND Director Pikus summarized the May 29, 1979
CONVERSION DISTRTCT memorandum which explained that petitions
(901) had been circulated and submitted for the
formation of an underground district on
Miraleste Drive, Chandeleur Drive, Daladier Drive and Suana Drive.
With the use of maps of the area, Stu Avera, representing the Edison Company, explained
how the area would be served with the proposed undergrounding facilities.
Elizabeth Hoffman, 2001 Suana Drive, representing the Homeowners on Suana Drive,
presented a petition signed by the residents of that street opposing this undergrounding.
Their objections were based upon the cost and the disturbance to the neighborhood.
Also speaking in opposition to this undergrounding were the following residents of
the area; Robert Gillingham, 2041 Suana Drive, Julian Foley, 2025 Suana Drive, E.J.
Schneider, 2017 Suana Drive and Dorothy Brown, 2041 Suana Drive. Their objections
were based mainly on the fact that they had partial undergrounding of their utilities,
their view was free of power lines and poles, and the expense of completing this
undergrounding.
Speaking in favor of the undergrounding was Don Schwartz, 2038 Daladier Drive and
Helen Hucich, 2058 Chandeleur Drive.
Council discussion centered around the fact that because a hybrid system was installed
composed of both underground and overhead facilities and Suana Drive residents paid
in part for an underground system, therefore their benefit is diminished by already
having a partial underground and a lesser portion-of the district cost should be
applied.
Councilman Dyda moved, seconded by Mayor Shaw to direct Staff to separate the costs
for that portion of the power poles and the completion of the Suana Drive undergrounding
as opposed to the entire district. The motion carried unanimously.
RESOLUTION NO. 79-56 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES INSTITUTING
PROCEEDINGS, ACKNOWLEDGING WAIVER OF DEBT LIMIT INVESTIGATION PROCEEDINGS AND DIRECTING
PREPARATION OF RESOLUTION OF INTENTION FOR THE CONVERSION OF EXISTING OVERHEAD ELECTRIC,
TELEPHONE AND CABLE TELEVISION FACILITIES IN DALADIER DRIVE AND OTHER RIGHTS OF WAY.
(RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 4) was read by title and ADOPTED on
motion of Councilman Buerk, seconded by Councilman Dyda and unanimously carried.
MARINELAND Councilman Ryan commented that he had
(1804) received complaints about band playing
during the evening hours at Marineland.
Mayor Shaw said that she, along with City Manager Wood and Director Hightower would
be meeting with representatives from Marineland and they would discuss this with them,
as well as the projected hours of operation.
PLAZA PALOS VERDES Mayor Shaw commented on the receipt of a
(1203) Hearing Notice from the City of Rolling
Hills Estates regarding an appeal to
their City Council from their Planning
Commission to grant a conditional use permit for the construction and operation of
an Ice Skating Rink as part of the proposed retail complex in the Peninsula Center.
She said it would be appropriate to have a Staff member attend this meeting and
report back to Council. Councilman Dyda so moved, seconded by Councilman Ryan and
unanimously carried.
TRAFFIC CONTROL AT PALOS VERDES Director Pikus summarized the May 30, 1979
DRIVE EAST & VIA CANADA memorandum regarding the Traffic Committee's
(1503) recommendations for the subject intersection.
Further, the memo detailed the costs of
these modifications.
City Council -6- 6/5/79
It was the consensus of the Traffic Committee that a traffic signal was not warranted
at this intersection.
Council discussion then centered on the high cost for excavation of the embankment as
indicated in the memorandum.
Councilman Dyda moved, seconded by Councilman Ryan to get a better estimate on the
excavation of the embankment. The motion carried unanimously.
# If # It If
ITEMS REMOVED FROM THE CONSENT CALENDAR
MINUTES OF MAY 15, 1979 Page 4, SB-858 - Councilman Dyda moved,
seconded by Councilwoman Hein that the
following be added to the discussion of
this matter: "Council discussion focused on the present prerogative of cities to
agree to unionization and to set this into legislation is unnecessary and merely the
first erosive step to compulsory unionization violating the freedom of choice for
individuals. The language to exclude certain classifications from the union did not
seem to be of sufficient benefit." The motion carried on the following roll call vote:
AYES: BUERK, RYAN, HEIN AND DYDA
NOES: MAYOR SHAW
Page 4, Regionalized Sheriff's Services -
Mayor Shaw moved, seconded by Councilwoman
Hein that this discussion be amended as
follows: "At that meeting, it was agreed
that the Mayors from the four cities would meet again in two weeks to explore this idea."
The motion carried unanimously.
Page 3, C.U.P. No. 48 - Council noted that
another motion was made to continue this
matter to the first meeting in June.
Page 7, Antenna Ordinance - Council noted
that the minutes should reflect that
Councilwoman Hein's initial motion died on a three-two vote.
The minutes as amended were adopted on motion of Councilman Dyda, seconded by Mayor Shaw
and carried unanimously.
RESOLUTION NO. 79-57 Council questioned the necessity of these
ESTABLISHING STOP SIGNS stop signs, whether the warrants were too
(1502) liberal, and suggested that the Traffic
Committee review the warrants to make sure
they are meaningful for the City.
Councilman Dyda moved, seconded by Councilwoman Hein to table this matter and get a
review from the Traffic Committee as to the adequacy of the warrants for the City.
The motion died on the following roll call vote:
AYES: HEIN AND DYDA
NOES: RYAN, BUERK AND MAYOR SHAW
City Council -7- 6/5/79
y
RESOLUTION NO. 79-59 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING
STOP REGULATIONS AT CERTAIN INTERSECTIONS WITHIN THE CITY OF RANCHO PALOS VERDES was
read by title and ADOPTED on motion of Councilman Buerk, seconded by Councilman Ryan
and carried on the following roll call vote:
AYES: RYAN, BUERK, HEIN AND MAYOR SHAW
NOES: DYDA
PROHIBITED PARKING ZONES ON Council expressed concern that the
OCEAN CREST DRIVE & installation of these street sweeping
ISLAND VIEW DRIVE (1503) signs would be the start of a proliferation
of signs in the City; if it would be
more appropriate to consider prohibition of parking for recreational vehicles. Traf f is
Committee Chairman Ray Mathys commented that this street was being used to store
recreational vehicles and that the installation of these street sweeping signs was an
interim measure to have them moved at least once a week.
Councilman Buerk moved, seconded by Councilman Dyda, not to install parking restriction
signs on Ocean Crest Drive. The motion carried on the following roll call vote:
AYES: RYAN,. BUERK, HEIN & DYDA
NOES: MAYOR SHAW
Councilman Ryan moved, seconded by Councilman Dyda to instruct staff to investigate
recreational vehicle and large vehicle parking restrictions and criteria. The motion
carried unanimously.
RECESS TO EXECUTIVE SESSION Councilman Dyda moved, seconded by Council-
woman Hein and unanimously carried to
recess to Executive Session for discussion
pending litigation. At 12:40 A.M. the meeting reconvened with no action taken.
ADJOURNMENT: At 12:42 A.M. Councilman Buerk moved,
seconded by Councilwoman Hein to adjourn
the meeting to Tuesday, June 12, 1979
at 7:30 P.M. for a Budget Work Session.
C5ZL(.1
MAYOR
LEONARD G. WOOD, CITY CLERK &
EX OFFICIO CLERK OF THE COUNCIL
0( fT C/'K
City Council -8- 6/5/79