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HomeMy WebLinkAbout05/02/1990 (2) +`t Minutes of a Regular Meeting Town of Los Altos Hills City Council Meeting Wednesday, May 2, 1990, 7:15 P.M. Council Chambers, 26379 Fremont Road Cassettes 7-90 and 8-90 (both sides) and 9-90 (side one) Mayor Casey called the Regular Meeting of the City Council to order at 7:15 p.m. in the Council Chambers at Town Hall. The Mayor thanked staff and the Community Relations Committee for all their work in getting the last Town Newsletter to the residents. She also recognized Earth Day in which many residents participated and especially thanked Theresa McDaniel, Ginger Summit and Elayne Dauber for the tremendous contributions they made toward thr making Earth Day a success. Mayor Casey also thanked Wallace Stegner for his participation in Earth Day. Although he participated in Palo Alto's Earth Day activities, he was a resident of the Town and she suggested a letter of thanks be sent to him. * In conclusion the Mayor commented on the April 28th Walk-Around which was very successful and during which approximately 50 people participated. *Mayor Casey noted that Thomas Pamilla, Executive Director of the Community Services Agency, would be receiving the Service to Mankind Award the next day and Council concurred with sending Mr. Pamilla a certificate of appreciation for this honor. (AMENDED BY COUNCIL 5/16/90) 1. CALL TO ORDER,ROLL CALL,AND PLEDGE OF ALLEGIANCE Present: Mayor Casey and Councilmembers Johnson, Siegel, Tryon and van Tamelen Absent: None Staff: City Manager Thomas Frutchey; City Attorney Sandy Sloan; Director of Public Works Bill Ekern, Planning Director Ann Jamison and City Clerk Pat Dowd Press: David Skarr, Los Altos Town Crier; Don Brignolo, San Jose Mercury L May 2, 1990 1 \. 2. APPOINTMENTS AND PRESENTATIONS 3 REPORT FROM THE PLANNING COMMISSION Commissioner Jones referred to the Planning Commission Update of the April 25, 1990 meeting and noted that the Commission voted to recommend certification of the mitigated negative declaration for the proposed code amendments to allow trailer coaches as temporary residences during construction of a primary dwelling unit but did not make a recommendation on adoption of the proposed amendments. One of the major concerns raised by the Commission was the issue of enforcement concerning who would actually be living in the trailers and the length of time involved. This issue was scheduled to be heard by the Council at their meeting on May 16th. Regarding the issue of possible recycling sites, the first choice by the majority of Commissioners was Westwind Barn, with Foothill College the second choice. Commissioner Jones also commented that he wished the oral report given by staff on the clarification of worksheet submittal requirements for Site Development projects had been in writing as he was not sure they had made the right decision in enforcing the policy that both worksheets should be required for additions, modifications and trades of floor or development area. 4 CONSENT CALENDAR Items Removed: 4.1 2/21/90 minutes (Casey); 4.5 (Siegel) and 4.9 (van Tamelen) -- It was also noted that the minutes of the April 18, 1990 regular meeting were not in the packet and would be on the next agenda for approval. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approval of Minutes: April 18, 1990 (Adjourned Regular Meeting) 4.2 Approval of Warrants: $36,759.25 (April 20, 1990) 4.3 Monthly Financial Report: March, 1990 L May 2, 1990 2 4.4 Easement Dedication, Lands of Beeson, Page Mill Road -- Reso #22-90 4.6 Final Parcel Map, Lands of Reuter, Lowell Avenue -- Reso #23-90 4.7 Use of Council Chambers: by the California Department of Forestry and Fire Protection; and for Upcoming Neighborhood Emergency Preparedness Meetings 4.8 Appointment of Bill Ekern as Acting City Manager Items Removed: 4.1 Approval of Minutes: February 21, 1990 Mayor Casey: This was an item that was removed several sessions ago but we did not have a full Council to discuss it. I had initially asked it be removed. It is on page 7. We have a note from our city Clerk saying that the tape that night is inaudible on that part of the meeting and I want it clarified how the meeting happened that night. Since this kir is the case and I am not interested in being on a debate on this with members of the Council I think that what I'd like to do and the fair thing to do would simply be to state my opinion on how this item was agendized for this meeting and then any other Councilmembers can state their opinions and then we'll simply have the different statements of opinion in the record of the minutes and then go ahead and approve the minutes of the 21st. Councilmember Tryon: Madam Mayor - I have a suggestion regarding that because I did listen to the tape with the City Manager and we were able to get some information. Apparently it is no longer possible to listen to it. We have in the past when this has occurred allowed Councilmembers to make statements and have them inserted into the minutes. Mayor Casey: That's what I'm suggesting we do. That's exactly what I'm suggesting we do. Councilmember Tryon: However, for that we don't even need to approve the statements because we do not and cannot approve the statements. (AMENDED BY COUNCIL 5/16/90) MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously to approve the minutes of the February 21, 1990 Council meeting including the following statements made by Councilmembers on Item 7.1. May 2, 1990 3 \r Mayor Casey: "The statement that I'm going to be adding is that the minutes reflect that the City Council asked agendized an item prepared by a memo by the City Clerk and those items were: disclosure, conflict of interest and several other items dealing with the activities of the Mayor. My concern about this is that this was not requested to be agendized by this full City Council. The conflict of interest was requested to be agendized by Councilmember Tryon. The City Clerk prepared a memo dictated to her by Councilmember Tryon and my concern about this is that at the meeting which was very late at night at twelve o'clock I specifically said that if there was a concern abut any disclosure or conflict of interest in all fairness to anyone of us it was necessary that we be made known as to what the conflict of interest was before it be on the agenda and if it is on the agenda then a full accountability of that conflict of interest be made known to any member of the City Council accused of such an action. This never occurred. I never knew what conflict of interest I was being accused of before the meeting that night. This is not fair and it does not show the kind of respect that I think the majority of this Council wants to express to other Councilmembers and this is why I'm concerned because there was no conflict of interest as was shown at the next meeting and I don't believe Council requested it to be placed on the agenda. Councilmember Tryon did." Councilmember Tryon: "That is incorrect and your memory is conveniently cloudy on this issue. If you say you did not know what the issue was it is amazing that you brought Mr. Ng to the meeting." Mayor Casey: "I did not bring Mr. Ng to a meeting." (At this point in the tape Mayor Pro Tem Siegel suggests that statements be given by Councilmembers and included with minutes.) Councilmember Tryon: "I'm responding to something that I know to be true because I did listen to the tape with the City Manager and this is what Councilmember vanTamelen brought up: reconsideration of motion, respresentation of official Town policy by the Mayor, intervention with applications at Planning Commission Meetings and the conflict of interest issue. These were all on the tape and it is exactly correct and the City Clerk has taken these minutes appropriately and correctly and it is extremely later for the Mayor to attempt to change the record. We have already approved your putting a statement in the record but we may make any statement we wish to refute that." Councilmember van Tamelen: "I did not ask that Items I and 2 be agendized; I asked that Items 3 and 4 be agendized and I asked these specifically and I did provide some written materials. You made the statement that you were not provided with written material." May 2, 1990 4 Mayor Casey: "I'm referring only to the first item, conflict of interest as to not being specifically requested to be agendized by the full Council. The only person who put it on was Councilmember Tryon." 4.5 Granting of an Easement to Purissima Hills County Water District, Rhus Ridge Property -- Reso. # Siegel asked for clarification of this easement, noting that as it was written it would be granted to the Water District with no benefits to the Town. Siegel suggested that this item should be continued to allow for conversations between the Town and the Water District on the subject of benefits and that these be included in the easement deed. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to continue this item to the next meeting for consideration of other options to be included in the easement deed. 4.9 Request from Los Altos Hills Little League to Mount a Sign on the Side of the Snack Bar for the Remainder of the Little League Season van Tamelen stated her concerns about the request from the Little League because of the size of the sign they seemed to be requesting and the fact that they appeared to be requesting a permanent sign, not just one for the Little League Season. PASSED BY CONSENSUS: To approve a temporary sign which would be in conformance with the Town's sign ordinance until the end of the Little League Season and to continue this request pending receipt of additional details from the Little League as to the size and placement of the sign they would like to have installed. 5. PRESENTATIONS FROM THE FLOOR Mrs. Ruth Buneman, 12655 LaCresta, noted that the wrong number had been included in the recent Town Newsletter for Dial-Agenda. Council asked that a letter of apology be sent to this resident apologizing for this mistake. Dr. Howard Martin, 11666 Dawson, presented photos which illustrated the dead trees in the Hale Creek open space area. As this was Town property, Dr. Martin strongly urged May 2, 1990 5 the Town to remove these dead trees particularly in view of the extreme fire danger this season. He noted that friends of his would actually be willing to remove the trees for the firewood. It was noted the City Manager would look into this option. Tryon asked that a special statement, proclamation or something be agendized declaring an extreme fire danger this year. (AMENDED BY COUNCIL 5/16/90) PASSED BY CONSENSUS: To agendize a statement from the Fire Marshall on the extreme fire danger this season, encouraging all residents to take serious precautions and outlining the process for weed abatement in the Town. 6. PUBLIC HEARINGS 6.1 Universal Refuse Collection, Defining Illegal Dumping, and Amending Refuse Rates for Residential Collection and Debris Boxes The City Manager referred to his staff report dated 5/2/90 which addressed three main issues: Universal Refuse Service, Definition of Illegal Dumping and Garbage Rates. It was agreed these issues would be considered one at a time. Regarding universal refuse service, the report noted that approximately 9% of the Town's households did not have an account with Los Altos Garbage Service. However, with recycling being added to the regular garbage pick-ups, the issue became more complicated with the rates being much higher if everyone in Town is not a customer of the garbage company. The report noted that refuse service needed to move away from being a discretionary service to being a public utility which would benefit the entire community. The legality of doing this was based on health and safety. Mr. John Angin, Los Altos Garbage Company, noted that Portola Valley and Woodside did not have mandatory service; however, they had less than 1.7% who did not subscribe. He further noted that they would support the Council's decision but the rates would have to be renegotiated if there was not universal refuse service. Mr. Angin commented that this was the first program of its kind in the country and would achieve the goals of AB 939. Siegel suggested allowing a resident to put into writing why they did not need to subscribe to the garbage company and then let staff analyze the explanation and possibly Ler May 2, 1990 6 L, grant an exception. Casey suggested a letter be sent to all those who are not customers of Los Altos Garbage Company explaining the concept of universal refuse service and giving them an opportunity to attend a public hearing to express their concerns. van Tamelen suggested that perhaps there should even be a Town-wide mailing as this was an important issue. The City Manager noted that this was not a restructuring of the basic garbage rates. The recycling truck would be the same as that used for garbage pick-ups. The rates were based on the cost of providing the service. Mrs. Ruth Buneman, 12655 LaCresta, noted that since the first Earth Day she had been recycling and as a result of their efforts they had no need to be customers of Los Altos Garbage Company. However, she did feel that it was important for the whole community to participate if that is what it took to get recycling in the Town. Mr. Dick Jones, 12660 LaCresta, stated that he would be opposed to universal refuse service. Not only did he not feel that he needed garbage service, he also did not believe they provided good service. 411/ Regarding the definition of illegal dumping, the City Manager reported that the amount of garbage being dumped along the sides of the roads, in creeks and on vacant lands always seemed to increase when rates were increased. Although this was difficult to enforce, recent legislation was making it easier to assess responsibility for illegal dumping. The City Attorney noted that she wanted to check State Laws and model the ordinance for the Town after those laws. Council concurred with this process. Regarding the garbage rates, the City Manager noted again that this was not a restructuring of the rates. The goal was to encourage people to put out less garbage and it was noted that the rates could be reviewed every six months for a certain period of time on the assumption that residents would reduce the number of cans they used. Tryon stated her concerns about those who only had one can; it seemed that they got penalized in the rate structure before them. Mr. John Angin, Los Altos Garbage Company, noted that they had not considered a half-can rate; however, it did seem that there would be a policing problem as it would ` be difficult to keep track of. They were on schedule for July 1st as a start date for the May 2, 1990 7 'r program and the new recycling truck was already around Town. The billing was set up for July 1st and they would need thirty days to get a billing in place. Siegel stated that he did not think the yard waste recycling program was dear and more specific language was needed in the franchise agreement. He suggested that one or two places be open as often as possible, that no chipping be done on the sites and that the Garbage Company take the materials to the recycling center. PASSED BY CONSENSUS: To send a notice to those residents who are not customers of Los Altos Garbage Company, to continue the public hearing to the next Council meeting and to look at more equitable rates especially for those with only one can. 6.2 Expiration and Discontinuance of Conditional Development Permits, Conditional Use Permits, and Variances Council had before them the Planning Director's staff report dated 5/2/90 which explained the ordinance before Council would provide timelines for the expiration and discontinuance of conditional use permits, conditional development permits and (k, variances. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve the negative declaration for the proposed ordinance amendments relating to the expiration and discontinuance of conditional use permits, conditional development permits and variances. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to waive further reading. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to introduce ordinance. 6.3 Construction of a Six-Inch Sewer Line Adjacent to Hale Creek through the Dawson Subdivision and the Juan Prado Mesa Preserve, Lands of Quarry Hills 6.3.1 Recommendation from the Planning Director to certify the Negative Declaration. May 2, 1990 8 6.3.2 (Not part of the Public Hearing) Recommendation from the Public Works Director to adopt a resolution approving an Encroachment Permit. Council discussed both of these issues together although the encroachment permit was not actually part of the public hearing. Paul Hogan, representing Mr. Vidovich, explained that this request was before Council because there were two residences on septic on the Quarry Project and it was a requirement of the reclamation plan that they be connected to sewer. They would be tying into an existing line as the subdivision was not designed yet and they did not know where the sewer line would go. They simply wanted to comply with the conditions of the reclamation plan. Regarding access Mr. Hogan said they actually planned on coming through the Quarry Property, not through Dawson. Siegel asked why this request was before them now. It was not for just two houses but rather for the subdivision. There were a lot of conditions in the reclamation plan which had not been met such as fencing the quarry. Putting a sewer line in a preserve f through oak trees was to him a serious matter. Other areas of concern included access ` to the construction site, short term damage to private property and potential of contamination to water by break in line. Siegel believed this request was premature and suggested that the conditions of approval for the encroachment permit become effective upon the annextion to the Town of the property. Mr. Rycerz, 11665 Dawson, stated that he lived on the lot where the sewer line would go through and he did not understand how the condition was going to be met. This issue seemed to be moving very fast with no attempt to protect the owners and not having been very well thought through. Mrs. Carol Gottlieb, 24290 Summerhill, asked why the access was off Dawson when there was a fire road nearby that also had a pathway easement. The preserve was a beautiful piece of property and she concurred with Siegel's comments. Dr. Howard Martin, 11666 Dawson, noted that when the preserve was donated to the Town the allowance was made for emergency access only. If the Town wished to change that then the rules needed to be changed. The access now available was a fire road which should be unblocked. Dr. Martin concurred with Siegel's comments. Regarding the negative declaration, he noted that the driveways at 11665 and 11666 May 2, 1990 9 Dawson were private and not built for heavy trucks. Would the driveways be repaired if damaged? Would the property be returned to its present condition? The applicant had a moral responsibility to address these issues. Mrs. Howard Martin, 11666 Dawson, noted with interest the downhill sewer and the uphill creek issue. Mrs. Libby Lucas, Los Altos, noted that the quality of water was very important to consider. Having the sewer down creek may not be a good idea. MOTION SECONDED AND WITHDRAWN: Moved by Siegel, seconded by Casey and withdrawn to continue this issue to the May 16, 1990 Council Meeting to allow the applicant to meet with the concerned residents. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously to continue this item to the second meeting in June at which time it would be discussed with the Quarry Hills Project. 7. UNFINISHED BUSINESS kir 7.1 Adoption of an Ordinance Protecting Oak Trees and Heritage Trees MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Casey and passed unanimously to waive further reading. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by van Tamelen and passed unanimously to adopt Ordinance #332 amending Title 12 of the Los Altos Hills Municipal Code by adding Chapters 3 and 4 thereto concerning protection of oak trees and heritage trees. 7.2 Tree Planting on Altamont Council had before them the City Manager's staff report dated 5/2/90 which included the recommendation that this item be continued until the Environmental Design and Protection Committee had reviewed the tree planting plan. Casey noted that when the Altamont Path Conceptual Design had been before Council in December, 1989, Bob Stutz of the Pathways Recreation and Parks Committee had 6kw May 2, 1990 10 commented that he would like to see the Design prior to its approval. Casey also stated her concerns about notification and the Director of Public Works commented that a letter had been sent informing residents of the work to be done on Altamont. Tryon noted that the issue of tree planting did not include just Altamont but also streets like Elena. Some areas seemed to get no trees and others quite a few. She also commented that the initial trees on Elena seemed to raise a safety issue because of their closeness to the pavement. PASSED BY CONSENSUS: To support the staff's recommendation that this item be continued until the Environmental Design and Protection Committee had reviewed the tree planting plan and to also send the plan to the Pathways Recreation and Parks Committee for review. 7.3 Sewer Reimbursement Agreement with Charvez International PASSED BY CONSENSUS: To grant the applicant's request that this item be continued to at least the next Council Meeting. 8. NEW BUSINESS 8.1 Cable Television: Execution of Lease for Headend Site and Decision Regarding Direct Solicitation The City Manager noted that this had been an item of discussion at the earlier Closed Session and as a result of the issues raised at that time, the representatives of Sun Country Cable were requesting a continuance. The City Manager further commented that this matter would be brought back to the Council as soon as possible, perhaps even at a Special Meeting. PASSED BY CONSENSUS: To concur with the request from Sun Country Cable for continuance of this item. 8.2 Appeal by Mr. Ghafouri of the Planning Commission's Decision To Uphold an Administrative Decision Denying His Request To Bulldoze in the Conservation Easement Around His New Residence, 27580 Elena Road Mr. Ghafouri, applicant, explained that he had contacted the Fire Marshall who had advised him that a fire hazard existed in his conservation easement and needed to be May 2, 1990 11 t cleared out. Mr. Ghafouri stated that he was not trying to damage the conservation 111y easement but was simply trying to address the safety issue and clear away the fire hazard. However, to do this he believed it was difficult to clear away 6,000 square feet by hand and would probably have to bring in a tractor. His plan was to replant with fire retardant plantings. van Tamelen stated that the fire hazard should be removed but not the plants. The integrity of the conservation easement should be kept intact; it was not right to extend the landscaping. Siegel stated that both goals (removing the fire hazard and keeping the native plants) could be accomplished. Johnson commented that there were plenty of workers in Town who were perfectly willing to weed abate by hand. The City Manager suggested that the applicant meet with the Fire Marshall and the Director of Public Works at the site to work out the issues involved. Mrs. Mary Stutz, 25310 Elena, addressed the safety issue and wondered if the Town's policy should be changed so that a house could not be built thirty feet from a conservation easement. If that had been the policy, this would have been an unbuildable lot. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to direct the applicant to meet with the Fire Marshall and the Director of Public Works at the site to work out a solution for clearing without using heavy equipment. 8.3 Selection of Yard Waste Recycling Locations The Director of Public Works' staff report dated 5/2/90 included the recommendation that Council provide direction to staff for the selection of potential sites for a residential yard waste recycling program. Siegel suggested it was important to proceed with the selection of sites as the Town would soon start to pay for these recycling sites. He suggested the Fire District property at Purissima and Arastradero as a possible site. Regarding having chipping available, concerns were expressed over noise but the aspects of convenience to the residents and the cost savings of transporting the materials to Zanker Road were also noted. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed by the following roll call vote to initially not include chipping at the recycling sites. illw May 2, 1990 12 AYES: Mayor Casey and Councilmembers Johnson, Siegel and Tryon NOES: Councilmember van Tamelen PASSED BY CONSENSUS: To direct staff to investigate Purissima and Arastradero and Westwind Barn as possible yard waste recycling sites and to authorize Siegel and van Tamelen to discuss this with the Los Altos Fire Protection Board. Carol Gottlieb, representing the Westwind Barn Board, stated their concerns about chipping. She also commented that selection of this site would have a negative impact on all riders including the handicapped program and that the road was not passable in the wintertime. They noted that the front lot on Altamont was a possible site. Tryon left the meeting at 11:00 p.m. 8.4 Color of Street Poles and Removal of Unneeded Street Signs Council discussed the pros and cons of the recommendation from Mayor Pro Tem Siegel that at the time of replacement or installation of new street signs and when a major street path was installed that the street poles would be painted green. Council decided not to direct the City Manager to institute this policy. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by van Tamelen and passed unanimously by all members present to direct the City Manager to conduct a survey of street signs at least on all arterial streets with a view to reducing the number of such signs with special reference to 25 MPH signs. 8.5 Interpretation of Condition of Approval, Lands of Zappela/Burkhart, La Paloma Road The Director of Public Works referred to his staff report dated 5/2/90 which noted the following condition of the parcel map: "A geotechnical investigation shall be required to develop recommendations for site preparation and grading, site drainage improvements, and design perameters for foundations and retaining walls, etc. The geotechnical investigation shall be reviewed and approved by the Town Engineer and Geologist prior to issuance of site development and building permits." The applicant was requesting that this condition be waived subsequent to site development permit t approval. He proposed that the geotechnical investigation be a condition of the site May 2, 1990 13 development permit. This would allow him to do both the grading/drainage work and the house design simultaneously. Mr. Bob Owen, applicant, stated that this was not a difficult site and the house was 40-50 years old. He was attempting to mitigate the time involved for completion of this project and he understood that he was taking a risk and could not return at a later date if the grading and drainage plans proved to be inadequate and needed to be redone. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously by all members present to allow the applicant to go to Site Development before the completion of the geotechnical investigation and to state that the applicant, Bob Owen, took full responsibility for this interpretation of condition #4 for the Lands of Zappela/Burkhart on La Paloma Road. 9. REPORTS FROM COMMITTEES AND SUB-COMMITTEES 10. STAFF REPORTS 44 10.1 City Manager 10.1.1 Appreciation to Town Residents, Especially Elayne Dauber and Other Volunteers, for Collecting over 300 Bags of Roadside Litter, and to Los Altos Garbage Company for the Donation of Dumpsters The City Manager thanked all of those involved in the great success of Earth Day in Los Altos Hills. Special thanks were extended to Elayne Dauber and the other volunteers who worked on getting the Town Newsletter out in a timely fashion so that everyone in Town would have their bags with which to pick up litter. Thanks were also given to the Los Altos Garbage Company for their donation of dumpsters. 10.2 City Attorney 10.3 City Clerk 11. COUNCIL-INITIATED ITEMS 11.1 CSA Annual Luncheon -- Request to Sponsor a Table at $250 (Councilmember van Tamelen) May 2, 1990 14 MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed unanimously by all members present to sponsor a table for eight at the CSA Luncheon on May 23rd for $250 and to request the City Clerk to contact Councilmembers to see who would like to attend. 11.2 Support of State Legislation to Authorize More Restrictive Local Building Standards (Mayor Pro Tem Siegel and Councilmember van Tamelen) PASSED BY CONSENSUS: To send a letter from the Mayor stating support of Senator Green and Assemblymember Hansen's legislation (SB 1830 and AB 2666) to authorize more restrictive local building standards. 11.3 Frampton Place van Tamelen inquired about the white curbing on Frampton Place and suggested this could be mitigated with lampblack. 12. ADJOURNMENT f There being no further new or old business to discuss, the City Council adjourned at �I 11:20 p.m. to an Adjourned Regular Meeting, at 6:00 p.m. on May 16, 1990. Respectfully submitted, Patricia Dowd,City Clerk May 2, 1990 15