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city of palo alto
December 13, 1971
TheCouncil of the City of Palo Alto met on this date at 7:35 p.m. in a
regular meeting with Mayor Comstock presiding.
Present:
Absent:
Beahrs, Berwald, Clark (arrived 7:40 p.m.), Comstock,
Henderson, Norton, Pearson, Rosenbaum, Seman (seated
10:50 p.m.)
None
Awards to City of Palo Alto
Mayor Comstock reported that last Saturday evening the American Institute of
Architects, Santa Clara Valley Chapter, presented two awards to the City of
Palo Alto. The first award was for development of, pursuit of and acceptance
of the Livingston Si Blayney Foothtln Open Space Study. The second award
was given jointly to the City and the fins of Spencer, Lee and Busse, for
design and development of the Baylands Interpretive Center.
Retirement of Officer
arra.c.ia�r es svac 8:105:1)
Charles Walker, Assistant to the City Manager, reviewed the report (CM M:106:1)
on the retirement of Charles B. Savage, noting that he had been with the
Department for 19 years prior to his injury is April of 1971 during the
Stanford Hospital demonstration. It was hoped that Charle3 Savage would
recover from his injury and resume work but it was later determined that
would not be possible. Fe spoke of the nermerous commendations from the public
and from. the Police Department, and staff's pride in his performance given to
the City.
MOTION: Mayor Comstock introduced the following resolution and moved,
seconded by Norton, its adoption:
RESOLUTION NO. 4526 entitled, "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO EXPRESSING APPRECIATION TO CHARLES B. SAVAGE
UPON HIS RETIREMENT".
The resolution was adopted on the following roll call vote:
Ayes: Beahrs, Berwald, Clark, Henderson, Norton, Pearson, Rosenbaum
Noes: None
At this time Mayor Comstock asked Chuck Savage to come forward and on behalf
of the City Council, citizens of the community and the staff, he presented
him with a plaque expressing the City's appreciation for his loyal and
devoted service to the community from 1952 through 1971.
Yacht harbor Dred i
Acting City Manager Sipel referred to his report and the recommendation
that the matter be referred to the Policy and Procedures Committee for
c ute review and recommendation.
3 3 4
12/13/71
Mayor Comstock acknowledged receipt of a letter dated December 13, 1971
from the League of Women Votes commenting on the City Manager's report
and concurring with his recommendation to refer the matter to the Policy
and Procedures Committee.
Councilman Pearson referred to the last paragraph, page one of the report,
and commented that the subject was not necessarily the filling of the Faber
Tract but that the County had not complied with the use permit requirements,
that they had opened the dike. Regarding the second sentence of Alternative
(1) page 2, which reads, "Both alternatives have been endorsed by the Board
of Supervisors", she stated that the Board of Supervisors was very careful
not to endorse either plan and only referred it back to the City for input
from Palo Alto, She then suggested that the Council could act this evening
on the League of Women Voters' suggestion regarding discussion with the
County on the -lagoon instead of referring this portion to committee.
Mayor Comstock noted that three people from the audience had indicated they
wish to speak to this item. There were no objections to hearing from them
at this time.
Barbara Silberling, 1421 Emerson Street, representing the League of Women
Voters, read their letter to the Council dated December 13, 1971 and stated
they concur with the recommendation to refer the matter to the Policy and
Procedures Committee.
Walter Stromquist, 3418 Thomas Drive, stated that if the matter is referred
to committee he would like to have the opportunity to speak at that time,
representing the Palo Alto Yacht Club.
Mrs. Nina Kulgein, 711 Gailen Avenue, representing the American Association
of University Women stated she would wait and speak before the committee.
MOTION: Counci lean Clark moved, seconded by Berwald, that the report dated
December 9, 1971 regarding the Yacht Harbor Dredging and Related Matters be
referred to the Policy and Procedures Committee for review and recommendation
to Council.
AMENDMENT: Councilman Pearson moved, seconded by Henderson, an amendment
directing staff to open discussions iith the_ appropriate County officials
on the matter of the lagoon adjacent to the ruck pond being placed under
City jurisdiction and bringing the information back to the committee.
The amendment carried unanimously on a voice vote.
The notion as amended carried unanimously on a voice vote.
Animal Shelter and 5 a and
muter n c to ect r - 1
Acting City Manager Sipel reviewed his report on the bids for the Animal
Shelter And Spay and Neuter Clinic. He stated the bids are reasonable and
it is staff belief the project can be :.ept within the appropriation of
$263,OUfi. He commented that the City has contractual commitments to the
developer of -the Holiday Inn project and under the lease this property is
theirs and actual demolition will take place sometime before January 1
within the.next. two weeks. Mr. Sipel then referred to the report from
Police Chief Zurcher regarding interim Animal Shelter services, noting that
month--to-math_ �....+..row �nt dri_th_ the Humane Society in
Santa Clara who will receive ani al impoemded or injured. The rest of the
control program will be run out of the Municipal Service Cent. r. This will
cause some inconvenience to the public but every attempt possible will be
made to let -people know of the Changes in service and to improve other areas
of service.
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12/13/71
Councilman Henderson noted the possibility 'if a referendum petition on the
zoning ordinance and questioned whether there was any possibility of backing
up the demolition procedure in order to vse the shelter facility until after
an election if this becomes necessary. He also expressed concern regarding
interim services and ballooning of costs.
Mr. Sipel replied that the City could not back up but they could keep from
going full speed ahead. He stated they were not moving ahead any further
than necessary until the thirty day limit for the ordinance has expired.
Regarding the question of services, he stated the City would hope to provide
modest improvement of services within the City limits, i.e. policing for
the animal control ordinance and servicing for injured animals as in the
past. He noted that during this period the Shelter will have the use of the
Kerinelman to handle shuttle service between Palo Alto and Santa Clara and
also to help in handling complaints, etc. Mr. Sigel pointed out that the
cost of the Shelter before adding the spay/neuter clinic was $220,000; that
$43,000 was added for the Clinic and this is a tight project. he commented
that some savings will be gained in earthwork and it is expected that some
small corners can be cut. Staff does not anticipate any higher costs.
(;OTE: Mr. Sipel explained later in the meeting that the City Attorney had
reminded him that the approval of two readings and expiration of 30 days
was a condition pursuant to any demolition that could take place. So in
effect if the question is referended there would net be an adopted ordinance
and no demolition could take place unless the City allowed it to happen -
the facility would be available if the referendum were to take place..)
Councilman Beahrs expressed the hope that over a period of time the Council
would see its way to have this investment largely amortized by the pet
owners rather than the general tax payer.
MOTLON: Councilman Henderson moved, seconded by Norton, that the Mayor be
authorized to execute a contract with Heart Construction Company for the
base bid amount of $205,649 and that the bid alternates be reje,.. d.
The motion parried on a majority voice vote.
uire House Pro osera
Acting City Manager Sipel reviewed his report of December 9, 1971 regarding
the proposed gift of the Squire House to the City. He pointed out that the
primary ebb jective of acquiring the Squire House would be to preserve it
because of its historical significance. He also pointed out the various
uses that could be made available and the cost of rehabilitating and
remodeling which would be approximately $50,000 to $55,000 plus landscaping
costs, plus an annual maintenance cost estimated at $20,000. He noted four
alternative methods of accomplishing the necessary rehabilitation and
remodel n. wo_k; --(T) City expense, (2) community resources and manpower,
(3) federal funding;_ and (4) a long-term lease with a group of professionals.
He then read the four comments by staff listed on page 3 of the report.
Councilman Pearson asked for the status of the Historical. Zoning Ordinance.
City Attorney Stone replied that his office is working on the ordinance at
this time and plans to bring to Council a number of alternatives. The
proposed ordinance is an ordinance which ordinarily covers the regulation
of other people's property with respect to preservation of certain designated
historical sites. However, the matter before Council this evening is anther
aspect of historical preservation and that is _ a City- ned _fecil i ty_ caned
—by virtue of the historical nature of the facility.
336
12/13/71
Discussion followed regarding use of the facility by professionals while
still leaving enough of the house available for uses contcmplaceni by the
Ad Hoc Committee, the impact of R-3 zoning on the neighborhood and the
possibility of federal funding.
Mayor Comstock noted that several people wished to speak to this item and
he asked them to confine their statements to three minutes. There were
no objections to hearing from the public at this time.
Ralph Hansen, 975 Wing Place, Stanford, President of the Palo Alto Historical
Association, spoke of the Ad Hoc Committee which had been formed r_o raise
funds for purchase of the Squire House as a historical landmark and also
as a useful City facility. The Association proposes, through _the Ad Hoc
Committee, to raise the necessary $90,000 to purchase this teroperty and
then deed it to the City of Palo Alto free and clear. He aeated they do
not envision raising funds for restoration of the House but feel certain
that means can be found to make such restoration economically attractive
to the City. At this time the Historical Association petitions al Council
for a favorable statenent of their willingness to accept as a gift ?00
University Avenue and once such a statement is received, the Committee
proposes to commence fund raising activities.
Peru Hunt, 522 Mayfield Avenue, Stanford, presented pictures of the Squire
House to the Council and spoke of the beauty of the columns and portico.
She stated it is a comfortable house inside which could provide, for
example, a hcrnc setting for the use of people of retirement age in the
downstairs area. She listed the names of people who have sent letters
indicating their approval of the Squire House preservation and stated she
would send Council copies of these letters.
Gay Wooley, 1685 Mariposa, speaking for the American Association of
University Women, expressed their belief that some of the early homes _
of the City are worthy of a place in the local environment and stated
their support of community preservation efforts.
Gerry Wolff, living in Atherton and a City Planner, stated there are very
few houses in the bay area that have been preserved. She listed some that
have been preserved by public bodies, i.e. the Dunsmuir House owned by the
City of Oakland, Woodside Store and Sanchez Adobe -purchased by San Mateo
County, Palmer Park which was donated to the Town of Atherton and Rancho
Encino Verde located on the coast and owned by San Mateo County. She spoke
of a list of historical landmarks in Santa Clara County which was prepared
about ten years ago when she was working with the County Planning Department,
The Squire House was on that list as a high priority and she noted that many
on that list have since been destroyed.
Don Spicer, 970 University Avenue, a resident in the a aa, urged the -_Council__
to accept the Squire House as a, gift. in rcaponse to question from Councilman
Clark as to bow he ;;void feel if the House were preserved and some unobtrusive
profeastonal program was going on inside to help toward casts of maintenance,
Mr. Spicer replied he would not mind but thought it should probably go to
Committee regarding use and traffic problems, etc.
Sam Webster, 335 Lowell, reviewed the status of their negotiations for the
Squire House, noting that they only have approximately 65 days left in which
to raise the money. He noted that the four recommendations listed in the
City Manager's report all require a let of time which they do not have. He
urged the Council to accept the gift at this time. He spoke of pessihle
income for maintenance and `,`be need for eeen +_s a- ddiag Char-.�A hTa Crpinion
_this_=o;ld-uot-fie:--a-prolsint with the neighbors. He suggested consideration:,
be given t' some use of the House for the elderly.
337
12/13/71
C. Minot Moore, 957 Matadero, spoke in favor of utilizing the Squire House
to provide a homelike atmosphere for the elderly.
Councilman Beahrs asked the City Attorney just how the Council should go
about accepting a gift in anticipation of its purchase. Mr. Stone replied
that the Council may indicate its intention to accept the gift by motion
since he assumed that all the historical Society nee.ls to begin to raise
the money is a firm indication of intent. He advised that the Council's
best role would be to accept the gift unconditionally with no constraints
on the gift whatsoever: Then if the property cannot be used as it is
proposed to be used, the City could then dispose of the property in an
appropriate manner.
Discussion followed regarding any restrictions by the Historical Society,
rehabilitation and maintenance costs, with the possibility of this being
done by community effort, and the value to the City of preserving the
Squire House.
Mr. Stone responded to question from Council, stating that trusts and
foundations can be set up for rehabilitation and maintenance under- long term
leases. He added that it would he premature to decide in this time or in
the very near future about the ultimate legal technique or device by which
the City would intend to preserve the i' .operty . He stated this w'- ild have
to be done with a sense of priority in terms of the other historical sites
the Council might wish to preserve and the entire historical preservation
scheme. Regarding zoning, he advised that if the City oms the property
it would have absolute control as to the use of the property.
MOTION: Councilman 3e rwa ld roved, seconded by Norton, that the Council
approve in concept City participation in preservation of the. Squire House
and agree to accept the gift of the Squire House subject to the following
guidelines:
1. a guarantee of free title being obtained;
2. staff identify specific and gene=ral uses for the property;
3. that renovation, rehabilitation and refurbishing be done at essentially
no cosy to th2 City;
4.• subject to Council approval of a historic site p; +rvation policy
program;
5. successful negotiation of agreements compatible with the principal
purpose of acquiring the property to ensure proper maintenance and
to deitay a significant proportion of operating and maintenance costs;
6. evaluation for priority against other 1972,73 Capital
E1 projects funding rp i1't rem _-s, and further; L
mprovement.
7. that the Council direct the staff to prepare a historical building
preservation policy and to work with the Ad Hoc Committee to accomplish
the above, leading to preparation of necessary agreements for Council
consideration.
Discussion followed on the conditions of the motion and dividing a question
of acceptance from the ongoing program of rehabilitation and maintenance.
SU$HTI TE MOTION: Councilman Clark_ +f'ec+,- aeco. ded by Henderson tkit-the
City Council. agree to accept the Squire House as a gift with clear title.
Further, the staff be instructed to proceed on a study of plans for its use
and ways and means to achieve thee, preferably in a joint public -private
manner. -
3 3 8
12/t3/71
AMENDMENT: Councilman Rosenbaum moved, seconded by Berwald, an amendment
that at this time the City makes no commitment to the costs of rehabilitation
and maintenance of the property.
The xmendment carried on a majority voice vote.
The substitute motion as amended carried unanimously on i voice vote.
(The Council recessed to Executive Session from 9:30 to 10:48 p.m.)
(Councilman Beahrs left the Chambers after Executive Session and
did not return.)
Appointment to klannirg Commission
Mayor Comstock announced that William F. Powers had been appointed by the
Council to fill the unexpired term, eit.ing July 31, 1971, of Planning
Commissioner Robert S. W. Cooley.
A� ointment to City Council
M,iyor Comstock annoutw.ed that Sylvia 1. Seman had been appointed by the
Council to fill that portion of Frances Dias' term remaining between now
and the next City election in 1973, at which time a Special Election will
be called to fill the remaining two yzars of the term. He then asked the
City Attorney if there was any action necessary before Mrs. Seman took
her seat on the Council or any instructions regarding items remaining
on the Agenda.
Mr. Stone replied that Mrs. Seeman could take her seat at any time and that
the items remaining on the Agenda did not have a public hearing before
where evidence was required to be taken and findings of fact made so Mrs.
Seman may participate in any of the remaining items.
Council Seman then took her seat on the City Council.
Solies Waste Mana ement
Plan ° :1OT:1�. -
111111411.0
Acting City Manager Sipel stated that staff is prepared to make a full
scale presentation regarding the Solid Waste Management Plan if Council
so wishes. He added that no Council action is required at this time. He
briefly reviewed his report dated December 9, 1971 on the current recycling
program, noting that at this time the City's current proposal would only
include shredding and air classification and staff has suggested a joint
approach with neighboring communities to develop and implement the
Combustion Power System.
Mayor Comstock suggested that in vie=w of the hour that staff give their
presentation at a later date.
Councilman Pearson referred to the meeting of the Solid Waste Committee
;..f the Planning Policy Committee to be held December 16 at which time
they would be looking for direction. Councilmen Clark, PPC Delegate,
stated he would bring this report to their attention at that time.
Mayfield Undercrossi.nf Preliminary
tAect
ns, Tra±f . !..
___��r r ap�14�J .i $Gent,
615734
MOTION: Councilman Berwald moved, seconded by Pesrsor, that Council approve
the preliminary plans and coat eatfewstes for the Mayfield Undercroeeing,
339;
12/E1/71
Project 69-34 and 10-34, and that staff be directed to proceed with final
plans and bid solicitation.
In r sponse to question from Councilman Berwald regarding vanc'alism by
writing on the walls, gave Holten, Project Engineer, stated there will
be exposed aggregate finish on the upper walls which discourages this
sort of thing. Also, leading down into the underpass there will be the
pattern of impressed grape stake which will tend to discourage this
activity. The undercrossing itself will have a very rough finish, air
blown concrete. In addition, it is proposed to add lighting to the
undercrossing with long-lasting bulbs.
The motion carried unanimously on a voice vote.
Joint Construction A ree ent -
neific 'i`ele 170ne c% tale. -La -r:
,om env
MOTION: Councilman Pearson moved, secon ed by Berwald, that the Mayor
be authorized to execute the agreement with the Pacific Telephone and
Telegraph Company for underground conversion work: in th,a California
Avenue area.
Ii.e motion carried unanimously on a voice vote,
Furchasin Policy and
race ur e AR : 1
amammogromwm
MOTION: Councilman Berwald Introduced the following ordinance and moved,
seconded by Norton, its approval for first reading:
Ordinance entitled, "ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO ALTO AMENDING CHAPTER 2.30 (CONTRACTS AND PURCHASING
PROCEDURE - PROPERTY CONTROL) OF THE PALO ALTO] AI NICIPAL CODE
SPECIFYING PURCHASES WHICH MUST BE APPROVED BY THE CITY COUNCIL,
AUTHORIZING CONTINUING CONTRACTS AND COOPERATIVE PURCHASING,
PROVIDING FOR DISPOSAL OF SURPLUS PROPERrY AND MAKING OTHER
CHANCES . "
Councilman Pearson questioned the section removing from the Clerk's office
the duty of accepting bids; the section eliminating newspaper advertising;
the section on continuing contracts and the section deleting the written
report to Council on leased or purchased City property.
MOTION: Councilman Pearson moved, seconded by Comstock, that the proposed
ordinance on Purchasing Policy a„.l riocedure be referred to the Policy and
Prneederes Committee f,r review.
The motion failed on a majority voice vote. 1.
Mr. Lloyd, Director of Administrative Services, explained that historically
the City Clerk has been the recipient of documents eud this worked fine
when the offices were all on the same level, but since the eeve'to the Civic
Center with the Clerk's office on the 7th floor and the Director of P'ir+chasing
on the first floor, it has become time consuming for the bi.doei•s. Regardt4
advertising, staff feels the best way to reach prospective bidde'ro_1s through
the bidders list and the City would go to advertising for wore major projects.
In rezpouse to guestU costs, _ � , . be � scared Purchasing apends_spproslmately__ _
--4700 per year while Public Works spends from $2,000 to $3,000 per year.
Regarding thequarterlyreports on leased and purchased property, Mr. Stpel
stated he had no objections to continuing the repot.
3 4 0
12/16/71
AMENDMENT: Councilman Berwald moved, seconded by Pearson, to amend Section
2.30.040(c) by changing the last sentence to read "The City Manager shall
report to ',he Council on all such transactions quarterly."
The arnin.iment carried on a unanimous voice vote.
AMENDMENT: Councilman Pearson moved, seconded by Henderson, to amend
Section 2.30.080(a), fifth line, delete the word "or" and substitute the
word "and", thus reading "by posting at Civic Center and by advertising."
Discussion followed with Mr. Sipel explaining there is a state-wide move
to eliminate this kind of advertising as soon as possible since it is the
least effective with little results to the City.- He added that the reason
the City has a PL'rchasing Agent is to do these kinds of things for the City.
The amendment failed on a majority voice vote.
AMENDMENT: Councilman Pearson moved to amen: Section 2.30.080(c) the first
sentence, by deleting "director of purchasing services" and substitutirg
1"City clerk" with the sentence reading "...shall be submitted to the city
clerk..."
The amendment died for lack of a second.
The ordinance as amended was approved for first reading on a majority voice
vote.
Co l' Shelter P (CMR:1O1:1)
Charles Wacker, Assistant to the City Manager, reported that the California
Office of the Emergency Services has forwarded to the City copies of a
Community Shelter Planning Report and has requested that it be reviewed and
approved by the Palo Alto City Council, He stated that one part deals with
community shelter programs and the reason for requesting approval is a
desire on the part of the State Agency to distribute a Community Emergency
Plan to every resident of the community by March of next year.
Councilman Henderson pointed out that one of the designated shelters in the
report is the City Hall at 1313 Newell Road. Mr. Walker replied that the
City would have an opportunity to make corrections such as this,
In response to question of Mayor Comstock, Mr. Wacker stated it was his under-
standing there would be something on the cover of the plan that would indicate
it had been approved by the Pulp Alto City Council.
MOTION: Councilman Berwald moved, seconded by Norton, that the Mayor be
authorized to write a letter on behalf of the Council. expressing its approval_
of the Santa Clara County Community Emergency Plan with the suggested
cc aection.
Councilman Berwald suggested that a letter of transmittal from the Council
be attached to the plan mailed out to the co mity.
The motion carried on a majority voice vote.
Drug Abuse Prevention Frog_ram
Mr. Sipel reported that tha City had received word the ___.. �vr..-�.... .vscaeCtu that the
County -Drug -Abuse Pl .a wlI1 not include the City's proposed Drug Abuse
Prevention Program. It will not be in the 1972 plan for funding. He added
there will be an opportunity for the 1973 program and the dPe!iine for that
program is sometime in April of next year.
3 4 1
12/13/71-
In response to questions from Vice Mayor Norton, Mr. Sipel replied that the
reason the City was not included was because the Criminal Justice Planning
Board felt there were other projects that had a higher priority and there
were just not enough funds to go around. The City hopes to have a total
comprehensive program by next year which probably would be looked upon more
_favorably. Also, the Criminal Justice Planning Board will be much better
organized and better able to deal with the many projects that come up.
Southern Pacific Ticket Agent
1,1.�o .....«..... mss
City Attorney Stone reviewed his report dated December 9, 1971, noting that
as a result of the City's protest, the Southern Pacific Company has
reapplied for a public hearing before the Public Utilities Commission to
discontinue ticket passenger agent service on holidays at the Palo Alto
Station. He stated his office will appear as an interested party at this
hearing and no other position will be taken at this time until his office
has a full report from the PUC staff on their position.
P�rroo�osed Race Track
In�a�untai `
Councilman Pearson withdrew her request concerning the proposed race track
in Mountain View at this time.
Palo Alto Housin4,
'rgoration Meetings
MOTION: Councilman Pearson moved, seconded by Comstock, to continue the
matter -regarding an amendment to the contract with Palo Alto Housing
Corporation declaring their meetings to be public to the next :veering,
December 20, 1971.
The motion carried unanimously on a voice vote.
Pasadena Rose Bowl Game
ua 1 1972
MOTION: Councilman Henderson introduced the following resolution and moved,
seconded by Clark, its adoption:
RESOLUTION NO. 4527 entitled, "RESOLUTION OF THE COUNCIL OF THE
CITY OF PALO ALTO COMMENDING THE FOOTBALL TEAM OF STANFORD
UNIVERSITY FOR ITS SUCCESSFUL SEASON AND EXPRESSING BEST WISHES
FOR SUCCESS IN ITS ROSE BOWL APPEARANCE ON JANUARY 1, 19;2".
The resolution was adopted on the following roll call vote:
Ayes: fxerwald, Clark, Comstock,_Henderson,_Nortan, Pearson,
Rosenbaum, Seman
Noes: None
Oral Communications
1. Zone Change -- 650 San Antonio Road
Bob Stern, Developer, Hirsch /Stern, Sherman Oaks, stated he had
just returned from the City -Council meeting in Mountain View. He
reviewed the action taken by the µcuntai n Viow City Council,
mating they had re,jscted the new plans. Fie stated dist
-7 Deeeffiber200 he zvi3Z request that hit:original original plan be the plan
considered etsd asked the Council...tf they wished him to bring in
34►2
Ural Communications (continued)
at that time 35 copies of this new plan that was rejected by
Mountain View.
In response to questions from Mayor Comstock, City Attorney Stone
advised that this item is scheduled for December 20th and de-
pending upon submittal of the developer, Council will be advised
as to whether a new public hearing is required because of sub-
stantial change in the plan from the original plan presented to
the Planning Commission in public hearing. He commented that the
developer simply comes forth with all the options he believes to
be viable other than the ordinance which will be before the Council
for second reading and the Council will then make its 'decision
based upon the information before it.
It was agreed the applicant would submit copies of the plan
presented to fountain View at the next Council meeting.
Cancellation ref Meetin
MOTION: Mayor Comstock roved, seconded by Berwald, to cancel the regular
meeting of December 27, 1971.
The iottcn carried Lnanimously on a voice vote.
Adjournment
ammummilmmom
Mayor Comstock declared the meeting adjourned at 11.55 p.m.
APPROVED:
Mayor
ATTEST: