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HomeMy WebLinkAbout09241962City Hall, Palo Alto, California September 24, 1962. The Council of the, City of Palo Alto met in regular session on this date at 7:30 p.m., with Mayor Haight presiding. Roll call as. follows: Present Arnold, Byxbee, Cresap, Debs, Dias, Haight, Marshall, Porter, Rodgers, Rohr s, Stephens, Woodward, Zweng. Absent; Bishop, Rus. The Mayor asked if there were any corrections or additions to the minutes of the meeting of September 11, 1962. Councilman De.bs stated that he would like to have an addition made to the minutes, under the item "Contract with Ebasco Services, Incorporated, for Pre -architectural Facilities Planning Studies", to include cornrrzents which he and Councilmen Arnold, Rohrs and Rodgers had made regarding Paragraph ;2(b) under Scope of Service in the contract. The 'Mayor remarked that many legislative bodies include in their minutes only the items discussed and the vote and action taken on the items; that the minutes of this City Council, are much more detailed than the minutes of neighboring cities and of the County Board of Supervisors. Councilmen Arnold and Rohrs stated that they were satisfied with the minutes as prepared and did no; feel it was necessary to make any addition to the rninutes. Councilman Debs stated that, as; several' council members spoke on this particular subject, he felt it, was important to have their rernarks in the record. He moved that their comments be added to the minutes of September. 11, 1962. The motion was lost for want of a second. The_ ninutes of September 1 1 , 1962, were then approvedas distributed: Councilman Cresap then asked the City Clerk if Council- man> Debs had as'ked her to include a statement in the minutes after the last meeting. She replied that he had left a statement in her office two days after the meeting with the request it be included verbatim, in the minutes but that she had not done so because the wording of the statement cii.d not correspond except in a general way with 'tier. notes, :Mr. Cresap stated that he thought it was irregular for a member of the Council to ask a member of the staff to make a change in, the minutes. Mr. Debs said he felt his statement did not change,, the meaning of the minutes; that it had expressed in a better" way what he had said at the meeting. Project 6,0-1 At the time of the hearing on Project 60-1 on May 28,, 1962., the portion of the project relating to Diablo Way was continued. to.August 13, 1962 On the latter date, certain property owners. asked for further postponement of action until a decision was made by the Court in -civil litigation involving their property, and the matter had been continued by the .Council to this date. A letter was received from Clark H. Lyman for Moerdyke &, Anderson, attorneys representing the partnership' of Chester and Francis Maccono, Douglass Couch and Paul Hardy, advising that the litigation between the partnership and Casa properties did net go to trial in August, and that the trial is now set for October1 and 2, 1962. Mr. Lyman requested that the portion. of Project 60-1 relating to Diablo Way •again be continued.. The City Manager recommended that, the matter be continued to the regular Council meeting of November 26, 1962. It was moved, seconded and carried that the portion of Project 60-1 relating to Diablo Way be continued to November. 26, 1962. Project 60-6 The public hearing on Project 60-6 was held and closed on July 9,: 1962.. (},a. July 23, 1962, it was reported to the Council that the protest on the Laura Lane portion of the project, which was signed by: seven property owners, is a legal, majority.- protest as to this portion of the project. At that time action on the Laura. Lana portion of the project was continued to this date. The City Manager advised that if the Council wishes to proceed with the improvement of Laura Lane, resolutions c,verrukii? g protests; and ordering the work and acquisitions must be adopted and would" require twelve affirmative votes, After discussion, it was moved by Rohrs, seconded by Rodgers, and carried • by majority voice vote that the improve_ merit ox Laura' ,T ,n'p be deleted from the pi•o.ject, in view of the majority protest "arid the fact that Laura Lane is only a small part of the road system in that particular area. This 'x''Zts the` time, set assessinent for weed a.bate,nent. that the :assessment list had been that the unpaid assessment would property:' for hearing on the report and The. City Engineer reported filed with the City Clerk and become a lien against the Thefhearizag was declared open. There being no one present to speak on the matter, the hearing was closed. Resolution No, 3560, confirming the City Engineer's Report and Assessment List for weed abatement, was introduced and on motion' of Porter, duly seconded, was adopted by unanimous voice ' vote. (Councilman Rus carne at this time, 7:55 p.m., and, was present for the rest of the meeting, ) Additional Revenue for Road Purposes T ra iicways:• Committee Report A letter was received from the Santa Clara County Trafficways Committee forwarding copy of the Report of the Sub -committee on Additional Revenue for Road Purposes, with the recommendation this report be adopted and that the League of California Cities be advised of the Council's action. concerning The Ci�y Manager readdeficiencies the report of the $ �"r n e and h exist i Sub.: inerease its re n the forfe on i tee tize• corrsrnendatior�s for In Californiaza street motor fuel tax by ee, and' y one cent gi s 2atipn to per $alIoxz, Cal.z�cit�rzan _,._ e County i run„cilman Arnold, ,the Council's re been. y I' considered mnaittee, repo representative on Cagy Council} and that by the Tra,fficways Committee , reported that this matter C ty Council., the proposal for a ozrzxr:ia.se and be additional funds needed for the inter to provide reasonable. n ipu ease in the tax road purposes appears to the It 'Wa:s 'moved by Council go ,b A.rnotd, seconds committee Counci a n record as favoring d ��. Rodgers, of this and,that the ~ n$ the report $ers, that tree able �a.gue of California. Cities of the Sub carried bv`m b/e acxicon..' After discussion, C:m i advised._ ��yy :7 rzty voice `vOt�. n. the motion was A�!F(4rldrn nt r ._ _© T.ea s e r,. 9 zo es�!?. Land amen �`Izc Assistant Cit. amendment to the • Y Manager the nd lease: entered in presented a Y and Stanford U to on .7ui proposed Hill City and rziversity for the y I, u s� Avenue and Porter site of between Drive, addin Substation at unanimous It: was moved by g a parcel of 4.429 acre; nizzzous voice Rohrs, y the ce vote, that the seconded amendment, being Mayor be and cdr to the lease. g an agreement adding additionizedal execute $ ad<•it.a pal lards to ��n F rPrts .__ration (; Reference anager to the. previous rrerzce was made b us_ action of the by the Assist to property rev for. Councilauthorizing Assistant City -minter advised that it Substation C adjacent author, i be ll the u acquisition four is necessary .t to a�laYbc�I1 9.ui..ztion property o eces y to acquire anchoreasements s. 7e complete a segment of t ubsation Z� Resolution _ T substation site, anchor easements No. 3561 authorizing of Porter,. em for. Substation C w rs the acquisitiond,arid o of duly- adopted introduced on was adop by unanimous voice vote. .V.4.1,111a.C.4. rat , '� with -os Altos agreement with City Manager The City presented a prop,>sed a reeme ty of Los aid a$t'eeznents Altos, `Which mutual aid Mountaint tua aidVie between hc, stated , Menlo. the Cie of �s identical Park and other y Palo Alto and agercie:;, Ibe authorized to was moved, seconded anThe d carried r motion was' greemer.,t in hat the Mayor passed by unanimous voice vote, rt seir tiwith_ soa strscx 41-4.1.ts.��.em�n�r�, sewer Connection Councilman ,Cresap asked if there for the Council to- consider, between the City is an. agreement Las .Alto,s School' .District, regarding of Palo Alto and the of a sewer g g sewer Scice, to take care problem at' the new Gardner BuIIi;; School. The City Manager re.ported that he met for the time �this afternoon -with Elementary i:'i rCPi'esertatives of the first y School District. Los Altos rerecorszznende that the City and as a result of the meeting he agreement with the Manage;- be authorizes; to School District to perreit a temporary enter into Gsewer connectien to the Palo Alto sewer ardner. porary Bulbs School, the School District to pa nt to serve the the connection and, service; pay for the cost of It, was �noveQ by Zwe x moos voice'vote 211 the City Meager be authorized to enter unani- mous iC - thy. Los Altos Elementary School District forta temporary sewer• cox,rer e' �� xo,, to serve the Gardner Bulbs School. Ox.clinance No, 2090 or. Initiative Orditi ahni ne ` ` .------- n S o - R< ert on L.uckman Ccnt,r. act mitte The ;-u Y .__"'__. Com a or presented the following report from e of the Whole,: as follow. The ;'Committee of the Whole recommends to the Council ati That an extension of time of 60 ,a ays e Planning Commission in which to consider and report gn to the items •previously referred;:;o the Commission for on the review, xequir' h ed by :Ordinance No. 2090. r.. a as ce 9 e initiative ordinance. b• That the following statement of policy Ordinance NO. 2090 be adopted pot c regarding P by the Council: For purposes of uniforrn.ity in the followed by the City Council and the P Procedure to ibe ss under Ordinance No; laming 13, 1962,nission the followingOrj 2090, adopted August definitions are adopted and policy established: 1) As used :in paragraphs "General Plan" "Master (d) and (e) the terms 5� _n Plan" shall mean and refer to the 1 9 Interim General Plan. 2) As used in paragraph (d) the term "C Improvement Program" "Capital rner_t Program 1960-1965. i shall mea:i the Capital Improve- thement Citizens'�gdvi.sor being a Reporr, prepared b C Advisory Committee on Capital Improve - thereto. dated Ma.y 1960, and any additions or supplements thereto. 3) As used in paragraph (e „ development of the City�� shall ) term physical' rrie2Ln and include major municipal improvements similar to but not necessarily Izxxzzte'd to,,itern, ,_listed in Tables 1'? -22, inclusive, of the 1955 Interim General Plan. The conformity of all pxojer,ts in. the Capital Improvement Program and all matters a,ffecting;the physical development of the City "to the Master Plan", when referred to the Planning Commission for report as provided in said Ordinance,. shall be determined by their conformity to the 1955 Interim. General Plan until such tirr;ie as said Plan is superseded: -;by a Comprehensive General Plan approved_ by the City Council pursuant to the procedures of Article 8, ;`Chapter 3, Title 7 of the Government Code. 4) Since the District Court has ruled that the action of the Planning Commission is advisory and rec'onuriendatory only and in no evert binding' on the City Council, rnattez•s designates m paragraphs (d) and (e) of :said O:rdinan e need not :necessarily be referred to the Planning Commission before approval or adoption by the Gay Council but may be referred afterward, paxtxoula, ly when.' a delay would be contrary to the best interests Of the City. That the Council set a date for the necessary public hearing on the 195,5:Inter, irrm General Plan. I he Mayor, moved the adoption of the entire report and also ,Moved that the hearrog, 'or the 1955 Interim General Plan be set for October 8, 1962, at 7:30 p.m. 'T'he motion was seconded by Porter. Councilman Cresap requested that ;Paragraph c in the report, relative to setting a date for hearing on the 1955 Plan be voted on separately. The motion rnade by the Mayor. and Porter was changed by them to read that Paragraphs a and b in the report be adopted. At this time Councilman Debs read a prepared statement and asked that the following portion of the statement be included in the record: "Why the hurry to add industr:,al zoning before next spring?, Why the hurry to avoid public hearings now by the Planning Commission? .Let us study not only the four alternatives submitted to us in writing only last Friday, but other alternatives as well. I propose that we use the •In eritn General Plan of 1955 as our temporary guide under the; Initiative Ordinance, Only when we have finished our overall plan next spring could we act responsibly to "thaw the freeze" if added industrial zoning is, shown to be needed. "Let us act in good faith. Let us honor the Initiative Ordinance as the Courts have ordered us to do." After discussion, the 'notion to adopt Paragraphs a and b of the report was carried by unanimous voice vote. Resol.ii.tion No, 3562, aQuit:clairn 'Deed to Daniel W. F portion of :Wells,bury Way,' being T No 1645 . was, introduced, - race. . , Woo s.card, was•aderptecl"by 'unanimous •„oic yoi�. A .,motiori' was . xrr%de`' by the Mayor s, e.c.onded by Byxb€e, that a public hearing on.the, 1' 55 interim General Plaza be held on October 8, 1962, at 7;30 ;'p crri The. rraatter. w+a. discussed and at th.e Councilman Rohrs, it was decided to have. the Ci his report on. the Luckmar. contract. at this time, was put: tci a vote. The City At*,otney repn"ted that the City had offered suggestion of y Attorney present before the motion,: Charles '�:.tickrnan Associates A. 698.85 to close the contract. This :artiount. includ s the following ;terns. Bata;pC.e due on University Atie�rr,IC Play) Printing of University AvLrue Phan 1.0%.Rctention on Gene a' Plan Printing of Preilmin, r Cloneral. Plan and Repo'cr abor and Tra\rel,,LT''• q't'rsivy . Averoe Plan Tat a 1 67$.71 1,317.68 3,162.00 1.046.66 493.$0 $6.696.85 - The Caty At.tci�'ney' advrse;d tti.at C}•user.k,s Luc:1<rt= ,n Ariso fates have accepted the offer and fo- pr,,ecttc.al purposes the c.on;ract is terrni'ratc.`d. He also reported that she drawl gs and tnateriais to be. "'del,tvered to the City by are in.t.r transit.,.._ o; as to the approx,rnat.e time where the Upon. bc.n %lvn. Council could, expe' ;..•, /ee,eive the completed General Mrs. Philip ;,;ov.p e: Chairman of they Planning Commissiore+�ic sled advised. -that tne(.crmrri1SyTttc.tGt ,er,;�Iting on a schedule Pln.x to they Council some upon :presenti,:�.g ,h,e complete tirr>e'in 'e.bruary, 1�a1,'3. Du,r•t.'it; dts'ctzssi,ora.of the: motion; to seta public he.a'ring on the 1955 Inter -in). Ge�nerµl:: Plan for October ' , 1962, it was brought:out th' t xf tie' 1955 Plan is adopted, it. would serve as a guide until. the never Gei�e.ra,l, a"-. lari:is .a.<iopted. The: G ty'A*to nr'� stated for the record recommeha.d not nded certain had ails recommended'adopt on of. the. 1955 Pan bu alte_na'tives for° coxts'iet;.ation ?ter discussion the motion to set a public hearing pn .the 195. 'Ynt;erina, Gs'er.era,1 Plan for C unCoice itvr y r: to ctuncilt saes.;; ': Oer tObe r 8 1962 was 'carried by. Majority De,bs asked t at t9 e -record s Lolk that .zes voted "No " on the m.otior. "because'a.pprovat negates the 1nitiatrve Ordinance". Aba.nd+anmeertY'o"ti_� authorizing th., lvtay or to execute rost., quitclaar,Zi ng art ahandoned,; a 10 -foot strip adjacent to Lot, •7 seta or, +rn.otior cif Byxbee and itc /aim "of Eascnnen.t Blncic 6 Resolution No. 3563, authorizing the Mayor to execute a Qintcla3rn Deed to the Peninsula Chevrolet Company, quitclaiming ng an:easement ,in,Block 6, University Park, was introduced. The City Engineer reported that the City has no need for, this overhead casement and it is surplus to the needs of the. City. On motion of Stephens, duly seconded, the resolution' was adopted by unanimous voice vote. .Zone Chan 4150 1vl�adiefield Road Ordinance No. 2106, .amending the Zone Map to rezone the southerly portion. of the property at 4150 Middlefield Road from R -1_.:B 8:A':to R-DtP,_: was given second reading, and on motion of ;'Woodward, duly seconded, was adopted by unanimous voice vote. ZongShange; 7.37 San Antonio Road ..mendrnrnt to getbac Or rance Ordinance No. 2107, amending the Zone Map to provide for :a change of.d,strict to M -1:S for the property at 737 San Antonio Road, was given second reacting, and or; motion duly made and seconded:, was adopted by unanimous voice vote. Ordinance No. 2108, amending Ordinance No. 1896, the Setback Ordinance, and Ordinance No. 2028 establishing setback lines on San. Antonio, Road, to amend the setback dines for this particular propert at 737 San Antonio Road, was given second, reading, and on motion. duly made and seconded, was adopted by unanimous voice vote.; Setbacks on El Camino Real Ordinance No. "2109,. amending Ordinance No. 1896, the Setback Ordinance, by establishing setbacks along El Camino Real and adjacent side streets, in accordance with a map dated September 1 1, 1962, was given second reading, and on motion of Marshall, .'duly seconded, was adopted by unanimous voice vote. Setbacks on'Tasso Street Ordinance No. 2110, amending Ordinance No. 1896, the Setback Ordinance to reduce the setbacks on the northeasterly side of Tasso Street between Lytton and University Avenues from 25 to 15 :feet, was given second reading, and on motion of Byxbee, duly seconded, '.as adopted by unanimous voice vote. AmendmenttoAdministrative Code re Claims Ordinance No 2111, adding Section 41)8.8 to the Administrative Code, establishing a procedure for filing claims against employees, was introduced. The City Attorney recommended adoption of the ordinance as an emergency ordinance, advising that the section: was inadvertently re:pealed in June, 1962, when certain other claim filing provisions now covered by State law were at provide a procedure for ' the, w:does n eon re- filinenacted to and unless said section g o d c_ aimthat the • against City o£. claims against employees, be filed with- out actions may cif their service; ediately r" the course with the City enacted'�mm committed during of. such ir.uxy for certain' torts and notice drrz•iment of the rior.fiays of a claim to the ow►t• p s after the occurrence, by the C� ' within. a ,day of such action employee and. of the defense � ordinance Marshall, duly seconde=d unanimous Onas motion of an emergency ordinance by rIo . 211=1 was -adapted as vote on roll c all . tacazions far weer icenses� advising A_.�'��'-----�---:'" �t Attorney nwaxd �:teport-was.recrxved from application filed Emerson has received,notice of an lie tion f operating SOS F The City Attorney that the City F. �gllat�,� . P �r'ine License- St and Mary Beer ,and , Lithe opinion that there is e for t a Off Sale t he is ended that the Street' aftex`i�vesc�:gatiasa, It and recom'1' advised legal eg l ground protest by the City no legal grou.nii for P application be filed without action. City and ca-riec that the without seconded licatian be filed It was' moved, accepted and the apP p,;tzarneys report be aceeP action. the City Attorney, A. report was also submitted by orne filed of the application'p able has received notice Thee Round Lars that zsa City rises, inc. operating ate Beer License. e.. by Larson Pxz0 Enterprises, original On that venue, for presently licensed; at ad ised that A not p protest against the premises are school exist to file a p to a sc He advised that the Y proximity in his opinion Sufficient grounds of Pr that he be of the license on the $ recommended ;ssuancec The City. Attorney with the and tern churches. to fit protest in behalf of t e City Y ed that the authorized to ;file such p Department. Beverage Control DePrnzest. Alcoholic $ wilt also file a 'P school District the it was moved, seconded and carried thatari the Cityto file Attorneys report be accepted and that he be a protest to this .application. gelaKn-97—D..A'M-a: Attorney on the received from the City the A report was, r tan in behalf of Carol Gap when Mrs: Josephine Cap sustained claim filed the 20.00 for personal injury sustained d he sam o£ $ incanada Park cn g in . pool in R anon he a minor,ear the swimming p his investigation advised that from. ve against nthe h 19, she felt The City: AtLor.neX.: ,. raper chair R 19b2. that the claim is not a proper concluded City. seconded and carried. that moved by gyxbee , that the claim be It was the City Attorney's , report be accepted and rejected in its entirety. made by {'oun�ilmaz� GreBa ---.._.. that councilmen P brought , if at a meeting stating the subject of state Y mrrnber, should want a state g that it to statements he should an ask a seemed legislative bodies;approval of the ment include most .:tihat the�inclusion. Council, that din the minute, should be magi official of state this i'' done in moat down, by the` Council. by Council approval o ants in the record czl' r tl.e request turned The Mayor noted that the prat Canslderation %' take care of such gems, ordinance asked under Mayor Rodgers, Chair problems when the committee's Chairman main of the. special a:nd asked far report committee Vice. Council port might be co °n proved draft; x cO ideTatzon, mpleted urea,, co consideration. n. City Attorney presented committee has beers changes made at th Y advised that a new. the committee prepared. Vice e first me�'tin. would have �;: Mayor Rodgers g. of meeting f very future, and exact The City Attorrey advise naturehe, , f the d that the forth in the minutes; o action taken b C nciitel s should ees as to n that it is by should y.ds.cizssion or ,, up to the clerk to be set Several youncil statements use her members i included is the �ud$m:Lnt. S very any diil me' indicated they mi:zutes, t Councilman son in the felt it was on t the Lmar ,Dabs was ask • minutes, only the necessary;. bates asked why he wants detailed taken, the min , . and he replied that he w d red r to his vier,, anted the statements in s and reasons when record t he votes he very against a motion. M. -- _._ �_ _._Funds Downtown e s again iz Action n Commits ee., 13/_eqesest for Committee appointed Frecl by Cochran, Chairman of the Dow �mit+ee which,' the••.Mayor, mown Action with" ,' he etated'.,is'tr made a report for the cornwithin the d�_ : . and to v+aztoWxi: rou trying to resolve t amend the g p. regarding the University e venue and ckrnan tes. plan previously differences �z Cochran 8Iy presented b Avenue plan a ,groat advised that the by as arck,itect r deal of S.uppor.t com including misses has had firms. me and material which h g consulting a been g and donated by local; work . 4r Cochran told is coxrzang, to a:ccinc the Council that andrk conclusion and the the committee's mmendatxoris; is, at hand; job as exhibits and the nd; that Pre: of p o the r this additional t printing. the' report P report casts o Port and roper drawings: and requested ;that the f between exhibits are needed to Council authorize $I, 000 necessary; Present the rize the and �z., 000 are funds as Committee's re staff to provide funds as Port, -.9- i fit} claim filed Areport;-.was sub bar ep Irn a initted by t City cla mf personal.dby? g . lbrech"t in th she Y Attorney oo th se o injuries sustained in a sum of $eta e `� °f Hoaxer fall in the r 0.00 for The City f Ho le Avenue andCowper street at the Inter concluded thatthey advised that fro ` Street on June do 4, cla,i m his investigation 1962. m is not cge again he has It was a proper against the City. moved by Marshall the City Attorney's report be ac , seconded in its City Att accepted and carried that entirety. pteC and the claim be rejected ncorpor The Ci and the is the ver stated that. not to �:xc.eed.. e bye RGhrs'that a such and distribu- tion rnotlon was made ,. printing was for:the preparation. p :stingee. There h re::a rt,..o fixed ow t0'M't A.ct.ion, Cdr" ��,� gl)t2. ortw�£ •the•� t;�on �,f ache ��'� o«�oa. that e�caxtd to this xrx Cocran advised r o - Mr . due, and ' fua�thzx �'iiscussiozx, *?OU.On in. bills OQ. ;uhxch. uri g= r„i t:,e had about . b ilfl w e7c ikie coxit. will be about..: iven- ;tp to last the catit which nos been g' best esti o: $1 as: that e service their 1 pp0 of f=e- does �ai�t, include coat estimate cd that the de c is in addition to: � oe.,t that this Cochran Painted.: the had -been Th. Catty Manager lad Nir. the rePc�rt_ as Y a the report" would �E ,.. a ould. take o zhe printing Cochran that the City would take care infoxT ed 'Mr,. ., rats �x:<Lde by the that h . had ` � rt any c©tr,Mitrxx and Ad'�.sed, r�, but;` thought considered. p : zt the,,rctw ouricil action should be committee prior to C t reg,a ed to gay fax architectural o. e i s, n,o. P noted that �xtY services. led that the izxattc r be t AttOrncy. suggested coxrin'tittea= as be The Gx Y '." with 'staff to work, cat nc it far expenditures. ti the had iven by the Coo r,, cr. ecl been:given seconded .�,� Maxsha.ls, :2 tt.C14r1T.?t1G,n ward, +St WaS made,. .Lt:was zz�o„Nd'by,��7o0�. An axne.�dzx.P. sent staff. awa.r.d present ,,xefer.red'tothc the request n,attiez b�''_ st f'f study t,:ae next regular that the b ohxsa'that �lxe c approval at' :a the- motion d f the Council p• - -accepted, and the 'motiongula P,t .Qr_, was n,GGtb'� :1 0i�ggi sled Ling n endment Tai a �o�.nc.il meE�xng-• Y���: as ende d wa,s ca. "r fiG a_ . oad T she 1 -,.as been aw�xre of I �o -- stated that an F,,as sta" iris ,Dora from. ,..,�a�nwxiwo� ,� on �A to have the, over: the traffic: situatic do would like Lo, Charleston the concern o, erhaps ccnsidex the -, st roblem and. p Em�baxcadero :the p yo system. traffie engineer-, stud:,r .r�ci-�, of, using ilia guard ied that szcvn{ied and Cart. . possibility Mrs. Dias, 5 Road that wvu� by ' Yxa,ffic situation on Louis a wasm xnak� a study of,.the... Road. the staff , Road tc'Charleston p Embar4adero �;t fore the business to come before no further b sine ricd comes efor- Tkt,exe being 9. 'thz meeting -was declared a Council; �. ‘'-,� � AP Plk ay :T\ ovs—ED ATT EST r"! Clerk