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MINUTES OF THE MEETING OF THE CITY COUNCIL
OF THE CITY OF UKIAH - OCTOBER 7~ 1981
The City Council convened in regular session at 6:30 P.M. in the City Council
Chambers. Roll call was taken and the following Councilmembers were present:
Hickey, Feibusch, Snyder, Riley, Myers. Staff present: Payne, Orchard,
Kruth, Harris, Goforth, Frame, Tillotson, Melvin.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Myers asked that Council and audience observ~ a moment of silence in
memory of Anwar Sadat. ~
The invocation was given by Kathy Moses, President, Soroptomist Club, and
Councilmember Feibusch led in the pledge of allegiance.
PROCLAMAT ION
Mayor Myers formally proclaimed October 7, 1981 as National Guard Day and
members of the National Guard were present to receive the Proclamation.
Appreciation was expressed to Council for their support in helping to locate
a National Guard site in Ukiah.
Mayor Myers presented a proclamation to Joy Simmerly, Pomo Chapter, NSDAR,
proclaiming October 19, 1981 as a day of remembrance of the surrender of
Cornwallis at Yorktown.
APPROVAL/CORRECTION OF MINUTES
M/S: Feibusch/Snyder to approve the minutes of the regular meeting of
September 16, 1981 as amended and the minutes of the special meeting of
September 28, 1981, as submitted.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
RIGHT TO APPEAL DECISION
Mayor Myers read a portion of Section 1094.6 of the Code of Civil Procedure
regarding appeal procedure.
CONSENT CALENDAR
Councilmember Feibusch requested that Consent Calendar Item 7b, General
Warrants be pulled; C°uncilmember Riley requested that Consent Calendar Item
7d be pulled. These items will be considered under New Business.
M/S: Snyder/Hickey to approve Consent Calendar Items 7a, 7c and 7e as
follows:
7a. Payroll Warrants, #16562-16707, 8/30/81-9/12/81; #16708-16850,
9/13/81-9/26/81;
7c. Awarded to Howard Dunn Company contract for 8-25 KVA transformers in the
amount of $8,632 plus tax and to Wesco for balance of transformers in the
amount of $33,705.00 plus tax;
7e. Approved lease purchase agreement with Savings Bank in the amount of
$45,157.62 to upgrade the B-80 computer.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
PUBLIC HEARING
8a. Consideration Of Rate Increase For Water Service
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PUBLIC HEARING OPENED
Wayne Morrison, 144 Court, objected to the proposed increase while cutting
the water allotment in half. He also pointed out that even though he might
use no water during a given period, he is still charged a service fee.
Linda Foster, 840 E. Gobbi, felt the proposed increase and decrease in water
allotment was not fair.
PUBLIC HEARING CLOSED.
Councilmember Hickey stated that it is true there~is a shortfall in the water
department but felt that raising the rates while?cutting the volume of water
would be unfair.
Councilmember Snyder agreed with Councilmember Hickey's statement and stated
further that a price break should be given people who do not use large
quantities of water. She felt the service charge should be lowered if the
water provided is to be lowered.
City Manager felt that a monthly minimum charge is in order to operate the
water system. He felt the proposal was directed toward a more equitable
charge for water used. He pointed out that~there has been no increase in
four years and even the proposed rate increase would not balance the budget.
He stressed that the water enterprise cannot continue to operate by the
present method.
M/S: Hickey/Snyder to continue subject matter to Council's October 21, 1981
meeting in order to give staff time to develop figures.
It was the consensus of Council that staff review the following alternatives:
a minimum service charge for minimum gallons used; a flat rate for each house
and everyone pay for every gallon used; setting a minimum fee for no water
useage and charge additional for all water used.
Councilmember Feibusch asked what the condition of the water meters are and
how errors are determined? Director of Public Works stated that the meters
are not maintained unless the meter reader or finance department determine
that a problem exists. He pointed out that they do check the meters of the
larger consumers.
With the consent of the maker and second of the motion, the motion was
amended to include the reopening of the public hearing.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
8b. Consideration Of Revised Schedule of Solid Waste
Disposal rates
PUBLIC HEARING OPENED:
Nancy Parker, Ukiah, asked that the proposal for rate increase be explained.
City Manager Payne stated the City desires that the disposal site be a
self-sustained operation. The current rate is $1.50 per 5 cubic yards and
the proposed rate increase is to $1.75. He pointed out that although the
dump is owned and operated by the City, it is used by many people who are not
from Ukiah. He stated a rate increase is needed to make the operation
fiscally sound.
Jared Carter, representing Modern Disposal and Ukiah Solid Wastes, stated
that his clients do have problems with the proposed rate increase. He felt
the proposed rate increase was deficient as follows: it discriminated
against commercial haulers; commercial haulers would have to increase their
rates and in turn lose customers; increased traffic with added consumption of
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energy and litter blowing out of vehicles; and potential loss of income if
rate increase is put into effect at this time. He proposed that the charge
be a straight $1.50 per cubic yard for all uncompacted garbage.
Councilmember Snyder asked how a $.25 increase across the board will affect
mileage or fuel consumption? Mr. Carter stated that if the rates are
increased present customers may decide to haul their own garbage because the
fee is less.
Councilmember Feibusch asked what the proportion is.b~tween the rate for the
first five cubic yards and any additional yardage c~er 5 cubic yards? Marvin
Bowen, Modern Disposal, stated all his loads are from 5 yards to 40 yards.
?
Ted Goforth, Deputy Director of Public Works, stated that the requested
increase is a percentage increase of all rates. He pointed out that from
their survey, the average size load turned into the dump was 1-3/4 cubic
yards. He further stated it is his experience that garbage is hauled by City
residents to the dump when the garbage cannot normally be picked up by the
haulers.
Councilmember Riley pointed out that if garbage is charged by the cubic yard,
a pickup truck hauling 6 cubic yards would cost $7.50. She asked what the
percentage of use by commercial haulers vs. private use? Mr. Goforth felt
the use by commercial haulers and private was about even, but that 55-60% of
the use is from the County.
Linda Foster, Ukiah, stated that when she takes a load to the dump it costs
her $3.00. She felt the increase was fair and did not feel it would increase
traffic.
Tom Goforth, St. Francis Way, felt the $1.75 proposed rate is well warranted
and suggested that the rate could be $2.00 minimum. He felt the Council
should look at adjusting the pickup load fees.
Marvin Bowen felt the deficit in the budget can be made up by charging by the
yard and felt the dump attendants were capable of determining yardage. He
would like to see the Council charge $1.50 per cubic yard for all users.
Phil Ward, Ukiah Solid Waste, stated he felt very protective of the Ukiah
citizens as he lost customers because of the last rate increase. He also
asked, as Ukiah Solid Waste was granted a rate increase recently, what the
happened with the additional increase the City received?
City Manager stated that Ukiah Solid Waste received two rate increases and
Council is considering an operation that has not had a rate increase in four
years.
Nancy Parker felt the Council should really look into the garbage rate
schedule. She stated that it costs her $3.00 every time she goes to the dump
and felt the fee schedule was not fair.
Tom Goforth suggested that $2.00 be set as a minimum for people outside the
City limits and not disturb the local carriers who have a problem with
raising their fees.
Councilmember Hickey felt, as in the past, that charging by the yard was not
workable. He felt it was impossible without a more accurate way of measuring
to charge by the cubic yard on a pickup.
Councilmember Feibusch felt it unfair to charge a pickup load $1.50 and the
commercial hauler had to pay by the yard and he felt Council should follow
Mr. Carter's suggestion of a flat rate of $1.50 a yard. Councilmember Sndyer
stated she agreed with Councilmember Feibusch's concerns and felt the matter
should be referred to staff for more work on an acceptable fee structure.
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M/S: Riley/Hickey to adopt resolution establishing fees and charges at the
Ukiah Municipal Solid Waste Site.
Discussion followed regarding the fee schedule for cars, station wagons,
vans, small utility trailers and pickups. It was also pointed out that a
different rate might have to be set for compact pickups.
The maker and second of the motionwithdrew their motion.
M/S: Snyder/Hickey to continue the public hearing %o' Council's October 21st
meeting for staff input and that the Mayor appoint~two councilmembers to work
with staff.
Mayor Myers thought the proposal fair if loads could be measured accurately.
Another issue to be considered would be adjusting the charge for County
users.
Councilmember Snyder was of the.opinion that if people had to pay a per cubic
yard rate, there would be a liklihood of garbage collecting which could
create a health hazard.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
Mayor Myers appointed Council~embers Snyder and Riley to work with staff on
the fee schedule.
It was the consensus of Council that the entire fee schedule and revenue
produced with different rate schedules be reviewed.
RECESS: 8:33 P.M.
UNFINISHED BUSINESS
9a. Resolution Supporting Grant Application, Roberti
Zber.g Funds For Ukiah Playe..rp
It was pointed out that the City is not committed to any matching funds but
merely supporting the proposal.
M/S: Snyder/Riley to approve Resolution No. 82-15 supporting grant
application Roberti Zberg funds for Ukiah Players.
City Attorney reported that a proposed contract from the Ukiah Players has
been received. Charles Bell, representing Ukiah Players Board, stated that
contract was drafted in anticipation of the grant's approval.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
9b. Nomination Of A Representative To Executive
Board Of The Redwood Empire Association
Councilmember Snyder nominated Michael Murray as the representative to the
Executive Board of the Redwood Empire Association.
M/S: Feibusch/Hickey to close the nominations and nominate Michael Murray.
Motion carried by unanimous voice vote.
9c. Consideration Of Council Representation On
~ounty Chamber Of Commerce Board
Discussion covered the following concerns: conflict .of interest for
councilmembers to serve on a Board who is funded by the City; County chambers
concerning itself mainly with the Coast and Northern area of the County and
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does a limited amount locally; County Chamber by-laws requiring appointment
of two members from each incorporated city.
M/S: Snyder/Hickey to not have City Councilmember representation on the
County Chamber of Commerce.
Motion carried by unanimous voice vote.
M/S: Riley/Feibusch to approach the County Chamber of Commerce and find out
if the Council can appoint two noncouncilmembers to~.the Chamber.
Councilmember Snyder felt that the County Chamber has a sizable board already
and rarely has a quorum. She felt there might be a problem in filling the
slots with experienced people.
Motion ~arried by 4-1 (Snyder) voice vote.
9d. ~ity Attorney Rep.oft on Las
Casas Subdivision
City Attorney reviewed for Council the following alternatives to enter into
the State mandated negotiations with Las Casas: 1) Negotiating team to
conduct negotiation and report back to Council; 2) Negotiation to be
conducted in a public meeting with Council; 3) Negotiation to be conducted by
an informal special meeting. City Attorney recommended Item No. 3 when the
proposal is received from applicant's attorney.
City Manager stated he would prefer that the negotiations be conducted in a
public meeting.
Councilmember Feibusch took exception to the words "under a mandate to
negotiate" contained in the City Attorney's report as the City has already
given Mr. Kennedy density bonuses. City Attorney stated that when a
developer provides low cost or moderate housing, the City must attempt to
negotiate a contract. Councilmember Riley stated that the City has
negotiated with the developer over a period of three years and has given the
developer a density bonus and felt that the negotiation had already happened.
Planning Director stated that State law requires that if a developer makes a
proposal, the City must negotiate; the proposal has not been made as yet.
It was the consensus of Council that no action was necessary at this time.
When a proposal is received, it will be placed on the agenda and Council will
determine the method of negotiations.
CITY MANAGER REPORTS
10a. Progress Report On Scrap. Metal
Recovery .Study
City Manager stated the report is for Council information only.
Council accepted the report.
10b. Proposed Refuse-Fired Power Plant,
Sanitary Landfill Site
City Manager stated staff is not prepared to make a recommendation at this
time and asked that the matter be referred back to staff so that the
negotiations necessary to implement the~'program can be concluded.
Co,~nci!member Hickey stated that, after review of the report, there was
little or no data to support the general theory propounded.
Councilmember Feibusch asked that Class 2-1 be explained and asked~that
incinerator ash as a hazard be clarified?
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Ed Titlow, Vichy Hills Power Company, stated that landfills are designated by
class; a Class 2-1 will accept ash from incinerators. He stated that it has
not been proven that ash is hazardous.
Councilmember Feibusch asked if the hazardous waste does enter the landfill?
Mr. Titlow stated it does but felt it was an easy matter to control.
Councilmember Snyder stated that she did call Mr. Titlow to discuss her
concern regarding what happens when you burn and what goes up in smoke.
Councilmember Riley stated she discussed with Mr. ~itlow the impact on the
people who live near the proposed landfill site and reported that it is
strongly opposed by those people. She asked if Mr. Titlow if he anticipated
a problem with the supply of wood chips? Mr. Titlow stated that no wood
chips go to the landfill and the landfill is not dependent upon scrap wood in
its operation.
Mr. Titlow stated he would ask in writing that ten acres be annexed by the
City for the landfill. City Manager Payne stated he would have no difficulty
in recommending that Council proceed to a potential annexation as the Council
has the authority to annex up to 100 contiguous acres. Councilmember Riley
stated she would want to see staff's recommendations before beginning any
annexation process.
M/S: Riley/Snyder to receive the report on the proposed refuse-fired power
plant sanitary landfill site.
Motion carried by unanimous voice vote.
NEW BUSINESS
lla. Consideration Of Selection Of Project For
Application Of Roberti Zber~ Grant'Funds
City Manager Payne reported that the three recommendations contained in the
Director of Parks and Recreation's September 16th memorandum had been
reviewed by the Parks & Recreation Commission. The Commission have
recommended that the grant be applied to the development of a
Ukiah-softball-soccer complex. One recommendation, a park for the south end
of the City was recognized as being a need for the City which could be set as
a goal.
M/S: Feibusch/Snyder to support Resolution No. 82-16 approving the
application for grant funds under the Roberti-Zberg Urban Open-Space And
Recreation Program for an Ukiah-softball-soccer complex.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
llb. Resolution Approving Application For Local Assistance
Grant Under California Park Lands Act Of 1980
M/S: Snyder/Riley to approve Resolution No. 82-17 approving the application
for 1980 State Grant Moneys for development of a softball and soccer field
with the City of Ukiah.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
llc. Consideration Of Parks and Recreation Commission
Recommendation To Waive Fee, Ukiah Crushers
M/S: Riley/Snyder to approve the Parks & Recreation Commission's
recommendation for a change in fees for the Ukiah Crushers during night games
from $250.00 to $110.00 and that the Crushers sign an agreement with City to
provide for clean up, damages and insurance.
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Several Councilmembers questioned the reduced fee and the possibility of
setting a precedent. City Manager Payne stated that this specific facility
has had a history of fee waivers and recommended that Council adopt a policy
for City facilities and an appropriate fee structure. Director of Parks and
Recreation Frame was in agreement with the City Manager and further stated
that with a set policy, fee waivers would not be recommended any longer.
Motion carried by unanimous voice vote.
lld. Introduction Of Ordinance Authorizing Issuanc~~''
Of Public Power Revenue Bonds By NCPA (North~Fork
Stanislaus River Hydroelectric Development Power P.roject
M/S: Hickey/Snyder to introduce Ordinance No. 772 by title only
Motion carried by unanimous voice vote.
M/S: Hickey/Snyder to introduce Ordinance No. 772 authorizing the issuance
of Public Power Revenue Bonds by Northern California Power Agency (North Fork
Stanislaus River Hydroelectric Development Power Project).
Councilmember Hickey stated this authorization would give NCPA tax exempt
status in order to sell bonds and has nothing to do with any financial
commitment on the City's part.
Motion carried by the following roll call vote: AYES: Hickey, Snyder,
Riley, Myers NOES: Feibusch ABSENT: None
lle. Introduction Of Ordinance Authorizing Issuance
Of Notes By NCPA (North Fork Stanislaus River
Hydroelectric Development Power Project
M/S: Snyder/Hickey to introduce Ordinance No. 773 by title only.
Motion carried by unanimous voice vote.
M/S: Snyder/Hickey to introduce Ordinance No. 773 authorizing the issuance
of notes by Northern California Power Agency (North Fork Stanislaus River
Hydroelectric Development Power Project).
Motion carried by the following roll call vote: AYES: Hickey, Snyder,
.Riley, Myers NOES: Feibusch ABSENT: None
llf. Resolution Setting Rates & Procedures For Sept.age Receiving
M/S: Riley/Snyder to adopt Resolution No. 82-18 establishing charges and
fees and procedures for treatment of septage at Ukiah Wastewater Treatment
Plant.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
llg. Consideration of Tentative Subdivision Map No. 80-172
20 Unit O~ffice Condominium., Hospital Drive
Planning Director Harris stated the subdivision map must be approved in order
to allow the complex to be made into a condominium to facilitate individual
purchase by doctors.
Councilmember Feibusch pointed out that no owner's maintenance association to
maintain the grounds is included as a condition of approval.
M/S: Snyder/Feibusch to approve Resolution No. 82-19 approving Tentative
Subdivision Map No. 82-17 for Doctor's Medical Offices Condominium and that
the following condition be added at line 18: "and that an owner's'
association be formed for common ground maintenance."
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Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
llh. Approve Agreement Of First Interstate Bank,
Sewer Proje.ct, Local Share
City Manager stated that the bids have been solicited for financing of the
Wastewater Treatment Plant improvements. Only one bank was able to offer
financing and it is recommended that Council accept the proposal of First
Interstate Bank.
·
Councilmember Riley referred to "Interest Rate" and asked that this be
clarified. City Manager stated the City has th~' option to go with a 12% per
annum fixed rate or prime rate plus 2 x 60% floating; it is recommended that
the City select the fixed rate of interest.
M/S: Snyder/Hickey to approve the agreement with First Interstate Bank for
lease purchase for acquisition of Wastewater Treatment equipment costing
approximately $600,000 upon the conditions set forth in their August 21, 1981
letter.
Councilmember Riley asked for clarification of "Amount of Rentals". City
Manager stated the Bank will own the equipment and the City will lease it;
upon completion of payment of the loan, the equipment is transferred to the
City.
Motion carried by the following roll call vote: AYES: Hickey, Snyder, Myers
NOES: Feibusch, Riley ABSENT: None
lli. Calaveras. Project Report
City Manager stated the issue before the Council is should the City expend
$30,000 more to the Calaveras Project to continue the City's percentage
arrangement? The City can maintain its present share by not continuing with
the project at this time. He also pointed out that there will be a difficult
period of time for this project where cities taking power would pay more for
that power than power could be received from PG&E. After that 7-8 year
period, it would become a very good project and, presently, NCPA is working
on ways to mitigate that 7-8 year period.
Councilmember Hickey stated that both Los Angeles and Anaheim have approached
NCPA to buy that power output during those first 7-8 years. He also pointed
out, as contained in the report, the project has a high construction cost,
but low operating cost.
Councilmember Snyder stated she would like to maintain our present position
as the costs of the project have escalated so much.
M/S: Snyder/Riley to maintain our position at the present $60,000
investment.
Councilmember Feibusch stated he was in support of the motion and felt
investment should be made in home based resources.
Motion carried by the following roll call vote: AYES: Feibusch, Sndyer,
Riley NOES: Hickey, Myers ABSENT: None
llj. Call For Bids, Legal Notices
City Attorney stated that if there are two newspapers which have been
declared newspapers of general circulation, a legislative body can invite
bids for publication of legal notices for balance of fiscal year.
M/S: Riley/Hickey to call for bids for publication of legal notices.
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Steven Green, Grapevine Newspaper, asked that Council make a determination to
allow legal notices be put out to bid.
City Manager stated bid call will stipulate ability to meet the City's
deadline requirments and request for number of subscribers.
Motion carried by unanimous voice vote.
llk. General Warrants (7b)
Councilmember Feibusch questioned disbursing of warrants before Council
approval. He suggested a committee of two councilmembers be formed to be
notified if certain warrants are being used bef6re approved by the Council.
City Manager felt that Council should adopt a policy resolution regarding
this matter for staff direction.
It was the consensus of Council that subject matter be agendaed for Council's
October 21 meeting.
Councilmember Snyder referred to Warrant No. 18372 and asked where the Canyon
Hotel was? City Manager stated the Hotel is in Palm Springs.
M/S: Feibusch/Riley to approve General Warrants, #18344-18467, $716,174.00.
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
111. ~eport Of Administrative Actions & Procedures (R.A.A.P.)
Councilmember Riley referred to the report of Planning Commission action
regarding home occupation in an R-3 zone and felt, from a conversation with a
Planning Commission member, that it was stated incorrectly.
M/S: Riley/Snyder to approve Report of Administrative Actions & Procedures
(R.A.A.P.).
Motion carried by the following roll call vote: AYES: Hickey, Feibusch,
Snyder, Riley, Myers NOES: None ABSENT: None
CITY COUNCIL REPORTS
Councilmember Hickey made positives remarks regarding the department head's
seminar at Irish Beach.
Councilmember Hickey pointed out that the City stands to benefit
substantially from NCPA efforts in reducing PG&E's proposed rate increase and
the delay in the effective date.
Councilmember Feibusch reported on the meeting of the Down~own Revitalization
Committee and two members of the Department of Public Works. He stated they
came up with the approximate cost of $100,000 to improve the five
intersections on School Street and an attempt will be made to finance that by
way of the merchants and property owners.
Councilmember Feibusch passed around a picture of a building on Standley
Street that had many announcements posted on the outside of it. He asked if
there was an ordinance that would prohibit this? Planning Director stated he
would check the sign ordinance in this regard.
Councilmember Feibusch asked that the Public Works Department check the
signal at Clara and State Streets.
Councilmember Snyder asked if a press release had been received from
Congressman Clausen's office? City Manager stated that none had b~en
received but that a radio station had received word from Clausen's staff. He
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further stated he talked to Congressman Clausen who indicated that EPA had
approved Wastewater Treatment Plant grant amendment for additonal ~unding.
Councilmember Snyder reported that Bert Hinds is unhappy with staff's
decision regarding a culvert and erosion problem next to his property and
asked that the matter be agendaed.
Councilmember Riley stated one of Council's goals was to get citizens on the
Traffic Safety Committee and asked that that be done soon.
Councilmember Riley asked if the Council minutes could reflect the
corrections made to the minutes instead of just ~stating the minutes were
approved as corrected? No action was taken.
Mayor Myers reported on the reception he attended for Bruce Richard General
Manager of MTA. '
Mayor Myers asked how the Councilmembers would like the report made on the
League of California Cities newsletter? It was the consensus of Council that
just pertinent items be reported on. He reported that the next League
meeting would be held in conjunction with the Redwood Empire Association on
October 20 in San Francisco and he plans to attend. He reported he would
fill in the Crescent City survey on behalf of the City.
Mayor Myers reported that PG&E's & the City's efforts regarding Section 301
of the Power Plant Fuel Act were successful in getting it repealed.
Mayor Myers stated he appreciated the facts contained in the newsletter
regarding lifeline allowance.
Mayor Myers stated he would be happy to share with councilmembers "Charting A
New Course".
ADJOURNMENT - 11:05 P.M. - To Executive Session.
Mary Melvin
Deputy City Clerk
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