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HomeMy WebLinkAbout03-16-1966 City Council Minutes SARATOGA CITY COUNCIL ' SEMMARY OF MINUTES TIME: Wednesdays March 16s 1966 - 7:30 P. M. PLACE: Saratoga City Council Chamberss 13777 FruitraZe Avenues Saratogas Calif, TYPE Regular Meeting I ORGANIZATION Mayor Glennon called the meeting to order at ?:30 P. M. and welcomed the Civics Saratoga High School Civics students to the meeting° Mayor Glennon called Classes attention to the background information which was prepared by the Clerk to assist those present in understandin~ the items to be discussed on the ageodd and advised that the usual procedure will be waived and students will be permitted to interopt the proceedings to ask questions regardin~ any item under discussion. A. ROLL CALL Present: Councilmen Glenn, ha Drakes Hartmens Tyler~ Burry Absent: None B. MINUTES Minutes It was moved by Councilman Burrys seconded by Councilman Tyler and unanimeusly carried to waive the reading and approve the minutes of the March 2s 1966 meetings as written. II BIDS AND CONTRACTS None III PETITIONS, ORDINANCES AND FORMAL RESOLUTIONS A. ORDINANCE 38~10 Ord. 38.10 The ~lerk stated that this ordinance was introduced at the last meeting Speed of the Council ands at the suggestion of the Councils the ~trector limit - of Public Works had reviewed studies of that portion of Quit, Road Quit, from the railroad right-of-way to Pollard Road and recommends t hat Road it be included in the ordinance. The ordinance as now proposed and endorsed by the Sheriff's Department and the Chief of Police, would increase the speed limit from 25 miles per hour to 35 miles per hour for that portion of Quit, Road from th~ intersection with Saratoga Avenue to Pollard Road. With no objections Mayor Glennon ordered the ordinance re-introduceds as amendeds and referred to the next meeting for further action. B. ORDINANCE NS-5.12 The Council and Clerk briefly discussed the amendment to the Subdivision- Ord. Ordinance increasing the schedule of subdivision engineering fees- NS-5.12 and Councilman Drake commented that this ordinance has been dra~n and Subdivision introduced in accordance with the reconnendatton of the Management Engineering Committee and he therefore moveds seconded by Councilman Burry to Fees adopt Ordinance NS-5.12; motion carried unanimously. C. ORDINANCE NS-5.13 Ord. It was moved by Councilman Hartmans seconded by Councilman Tyler and NS-5.13 unanimously carried to adopt Ordinance NS-5~13s as introduced at the Parcel last meetings providing for the use of parcel maps in lieu of records Maps of survey. D. RESOLUTION NO. MV-9 The City Clerk reported. that the Chief of Police and Sheriffts Res. MV-9 Department have recomended the installation of a stop sign at the Stop intersection of Lexington Court and Herriman Avenue and it was moved Intersection- by Councilman Burrys seconded by Councilman Tyler and unanimously -Lax. Ct. & carried to adopt Resolution No. MV-9s authorizing the establishment Herrtman of a Stop intersectinn at this location. -1- SARATOGA CITY COUNCIL MINUTES , March 16s 1966 E. ORDINANCE NS-3-ZC-32 It was moved by Councilman Hartmans seconded by Councilman Burry Ord. and unanimously carried to adopt Ordinance NS-3-ZC-32, as introduced NS-3-ZC-32 at the last meeting, being an ordinance rezoning approximately 5°65 C-94 acress located at the. westerly terminus of Charters Avenue, from A to R-1-12,500~ F. DESIGNATING ELECTION OFFECERS AND POLLING PLACES Municipal Mr. Henley presented a llst of polling places and election officers Election for the 1966 Municipal Election of April 12s 1966 and explained that Officers the officers are selected from lists at the County Registrar's office & Polling and the City offices Of persons who are qualified and willing to serve Places in this capacity. It was moved by Councilman Tylers seconded by Council- man Hartman and unanimously carried to approve the list of polling places and election officers as submitted by the City Clerk, G~ RESOLUTION NO. 314 Res, 134 Mr. Henley referred to the Council'S previous approval of a contract Countdown with th~ County for ~ special census and presented Resolution 314~ 66 Week designating the week of March 21 through March 28 as "Countdown 66 WeeW' in an effort to call as much public attention as possible to this special census, Councilmen Hartman and Burry questioned the benefit of this resolution and it was pointed out that it simply helps to dramatize the census and hopefully advertises through news coverage that the census is legitimate and will aid the City financially as the actual field count is the basis for approximately $15o00 per capita State subvention funds, It was moved by Councilman Drakes seconded by Councilman Hartman and unanimously carried to adopt Resolution 314, H. RESOLUTION NO. 315 Res. 315 The City Clerk stated that the Council, at the meeting before lasts H~q 9 indicated its willingness to cooperate with the City of Monte Serene Scenic and the County to designate that portion of Highway 9 be~¢een Blaney Highway Plaza and the Los Gates town limits as an official scenic highway and that Resolution 315 would be the necessary official step to be taken to get approval of the State Division of Highways to accomplish this. Mr. Henley indicated that, according to the standards set by the Division of Highways for scenic routes it would probably have no effect in Saratoga but that it may he necessary for the City of Monte Serene to revise its sign ordinance in line with the State scenic highway legislation and that the County will probably be required to change its regulations with respect to use of land adjacent to the highway. Councilman Hartman stated that he saw no objection as long as no City funds would be involved and he therefore moved, seconded by Councilman Ty~ r to adopt Resolution 315~ motion carried unanimously, I. RESOLUTIONS PERTAINING TO PROPOSED VILLAGE OFF STREET PARKING DISTRICT Mr. Henley announced that Mr. Phil Assaf of Wilson, Jones, Morton Parking and Lynch~ attorneys who prepared the resolutions to be presented District tonight and ~.lho worked with the committee on the parking districts Resolutions is present to discuss this proposal with the City Council. Mro Hanle~ also reported thats since the last meeting, he received a request from Mr. Van Arsdale, who previously signed the petition, that his name be removed from the petition. Additionally, he received, at tonight, meetings a request fromMr. Wilbur Wetden that his land be removed from the petitiono With these reductions, Mr. Hantey estimated that the percentage of land area. favoring the district would be about 50% but that itwould have to be calculated to make sure, -2- SARATOGA CITY COUNCIL MINUTES - MARCH 16, 1966 Mr. Assaf explained that two of the resolutions presented differ from the usual procedure due to the fact that, since the filing of the original petition, additional area has been added and tt is tha~e~ ,fore proposed to go through the InvestigationlAct rather than petition proceedings. Both, Mar. Assaf stated~ include the same information and procedure hut there is more information in the investigationreporJ: and notices are mailed on public hearings on both the investlga~ion report and the engineers report, though both may be held ccncurrentlyo The Clerk described the area which has been added to the original map as follows: (1) The former Youth Center property was originally left out of the parking district as it was not then planned for commercial use. Subsequently the property was sold for private use and the property, which was always in the Cormhernia! zone, was then naturally included within the district. (2) Originally there were Parking no kno~n plans for development of the back portion of the Andersen District property and at the request of the property owner who indicated a possibility of development, this property, which also has always been zoned commercial, was included. (3) The original district boundary line ran along Oak. Street but after review it was determined that the property across tha street, including the library, would benefit from the district parking and froman equitable standpoint should be included in the district. This area too has long been commercially zoned. Mr. Assaf stated that technically the withdrawal of names from the petition does not affect the validity of the Council's jurisdiction. Councilman Tyler objected that,.whether. er~u~ous or not, he thought that some people were under the impression that they cOUld, if they changed their minds, wtthdrm~ from the petition~ Mayor Glennon stated that it is a matter of th~ Council distinguishing between the technical effect~of the law and the fact that the people may have Had this impression. Mr. Hanlay read the letters of withdrawal from 1~ Van Arsdale And Mr. Worden and P~. Assaf informed the Council that, under the Investigative Act it would be legal and proper for the Council to proceed with action on the resolutions and that, at the time of public hearings, if a majority protest is made, then the project can not proceede For a majority protest, P~. Assaf explained, the percentage of protest must exceed 50% of the land area. Councilman Burry stated that he.thought the Council should defer any action until it is determined how many people are against the project. Mayor Glennon commented that although he did not object to taking all the time that is felt to be needed he did think that the project will benefit all the people within the district and that he questions ~hether or not all the property ox.mers are aware that under the existing City ordinances any changes in the present busi- nesses will require the property o~.n~ers to conform to current parking requirements. Councilman Burry stated that even if the Council d~es know that the property o~,rners need the district he was of the opinion that if a majority of the people do not want it then they should not have it. Councilman Tyler stated that he thought it was a situation where all the non-signers were not necessarily opposed to the district~ There are those, Coux~cilman 'Tyler cnntinued, who did not sign the petition requesting the district but who, nevertheless, are not opposed to its formationa Mr. Assaf explained that the adoption of these resolutions and the holding of a hearing on the reports is just a way of bringing the matter to a point of action and that changes can take place at the time of the hearing. Better cost estimates and the englneer's report are needed, Mr. Assaf continued, so that the Council and the property owners involved will be able to weigh actual benefits and assessments so that action can be taken on ~he basis of better information. Mr. Mason Shaw protested that additional area has been added to the proposed district since the petitions were signed and stated that he was opposed to the formation of the district as proposed; that -3- SARATOGA CITY COUNCIL MINUTES - MARCH 16~ 1966 the proposal is not fair; and further, that the area which=he ovms is a one purpose building and cannot be used for anything other than its present use as a theatre and that the theatre utilizes existing parking facilities at an hour when no one else needs them so no other parking facilities are needed for the property. Mr. Shaw questioned the legality of proceeding with the district-unless new petitions are circulated on the basis of the addition of the three parcels which were not shoxm on the original petitions Mrs° Gus Duetell stated that she was not notified that her property near the library property was included within the proposed district and Mayor Glennon advised her that all property o~mers will be Parking legally and officially notified prior to public hearing on the District proposed district and that he was of the opinion that the Con~nittee undoubtedly tried to contact all the property owners. Councilman Tyler stated that as soon as he found out that the Duerellproperty was proposed to be included he had personally called to so inform Mr. Herman Duetell, who was present at this meeting, Mrs. Duetell asked why this property was included in the district as it already had adequate parking and Mr. Assaf explained that there is no parking district at this time and cannot be until the public hearing has been held, The current proposal, Mr. Assaf said, is just a beginning framework and the Council can, at the time of public hearings exclude areas which it determines to derive no benefit from the district, Councilman Tyler .asked for an opinion from the. City Attorney as to his right to Vot~ on these resolutions as he o~ns property within the proposed district. Mi'o Johnston stated that it was his undocu- men~ed.opinion ~hat none of the acts that would be taken tonight would be of dOntra~tual benefit to Councilman Tyler a~d that although in the long run the distr-ict m~ght be an economid Benefit, initially it would be an economic detriment and that even if it were to be of benefit his vote would simply be void and would not affect the ~alidity of the total Council vote. Councilman Drake stated that, in the interest of bringing the procedure to a point of hearing and action in an orderly proces~ he movedfor adoption of the four resolutions presented. Councilman Hartman seconded the motion and the City Attorney suggested that the motions be adopted in numerical sequence so Councilman Drake amended his motion and Councilman Hartman ended his second to adopt the following resolutions pertaining to Parking District No. 1: RESOLUTIONS 316~317, (1) Resolution 316 - A resolution of preliminary determination under 318, 319 Division ~' of the Streets and Highways Code. (2) Resolution 317 ~ Resolution appointing Engineer and Attorneys. (3) Resolution 318 - Resolution directing preparation of investigation report under Division 4 of the Streets and Highways Code, (4) Resolution 319 - Resolution of Intentinn to Acquire and Construct Improvements. Motion carried unanimously. J. ORDINANCE 38.11 The Clerk reported that the City Attorney and Chief Bnilding ' Ord.38oll Inspector have for some time been working on an ordinance to bring Building the City Codes up to date in conformity with the present uniform Codes codes for Building~ Plumbing, Electrical and Heating and Comfort Cooling as compiled by ~k e several organizations which print these codes on a national basis. The Clerk read the title of the ordinance and with no objection, ~yor Glennon directed Ordinance 38.11 intro- duced, referred to the Public Welfare Committee fo~ review and rec- commendation and directed the City Clerk to set a time and place for public hearing on the proposed amendment to the City Code. SARATOGA CITY COUNCIL MINUTES - MAR6"d 16, 1966 IV SUBDIVISIONS, BUILDING SITES AND ZONING REQUESTS None V PUBLIC HEARINGS None VI ADMINISTRATIVE MATTERS A. MAYOR (1) ~yor Glennon announced that he has a Planning Commission appointment to propose but will wait until the proposed appointee arrives at the meeting. (2) RESOLUTION 320 Res. 320 The Clerk reported that subsequent to the preparation of the Saratoga- agenda a request had been received from Mr. Steve Goodmen of Cox Avenue Sanitation District 4 that the Council take action to accept Partial a portion of the sanitary sewer work on the Cox-Saratoga Sewer Avenue project so they can connect to that work. Mr. Hanley acceptance read the resolution and stated that it was prepared on the model of the previously adopted resolution accepting a portion of the sanitary sewer work, Mr. Johnston advised that the resolution is in order and it was moved by Councilman Burrys seconded by Councilman Tyler and unanimously carried to adopt Resolution No. 320, accepting a.portion of the underground sanitary sewer work for the Saratoga-Cox Avenue project. Recess: 8:55 P, M. Reconvened: 9:15 P. M. A. MAYOR - continued E.Dean (3) b~yor Glennon announced that Mr. E. Dean Co~ley had, some time Cowley ago, advised the Council of the necessity for him to resign from Resignation the Planning Commission and it was moved by Councilman Hartman~ seconded by Councilman Burry and unanimously carried to direct the Mayor to ~rite a letter of appreciation to ~. Cowley for his past services as a Saratoga Planning Commissioner. (4) Mayor Glennon then announced that it was his pleasure to submit for consideration the nomination of Mr. Jerry A. Kasner to Jerry A. replace Mr. Cowley On the Planning Con~ission. Mayor Glennon Kasner - briefly described Mr. Kasner~s background and qualifications Planning and it was moved by Councilman Burry, seconded by Councilman Commission Drake and unanimously carried to appoint Jerry A. Kasner to the Appointment Planning Commission for the term ending January 21, 1968. Mr. Kasner was duly sworn into office by the Mayor and introduced to the Council and public, B. FINANCE Bills (1) It was moved by Councilman Tyler, seconded by Councilman Burry and unanimously carried to approve the llst of disbursements dated ~rch 16, 1966 for a total amount of $12,388.56 and authorize that warrants be dragon in payment, Interest (2) The City Clerkts FinanciaI report and Treasurer's report for the Rates month of February~ 1966 were'Submitted and the City Clerk announced that interest rates have again been increased on time deposits as follo~.~s: 4 5/8% on 30 Day accounts; 4 3/4% on 90.Day accounts and 4 7/8 on 6 Months deposits. This increase is roughly 1/2% higher than present rates, Mr. Hanley indicated. C. COUNCIL CO~iITTEES Landscaping (1) Councilman Hartman reported that the Planning Committee Maintenance reviewed the request of Green Valley Maintenance~ inc. for ~n cor!t:~'~ i~ease iD t~e m~t~ly rate for landscaping maintenance ~.~ the ~AP_ATOGA CITY COUNCIL MINUTES - MARCH 16, 1966 Civic Center and that the Contractors cost records show a loss of $13, per month on the $7o, per month contract which has been in effect for the past year, Based on the quality of service rendereds the cost information furnished and the recommendation of the Director of Public Works and the City Admihistrators the Coummittee reco~m~ended that the Mayor be authorized to execute a neT.; contract at t~ requested rate of $91, per month effective April is 1966, Councilman Hartman moveds seconded by Councilman Tyler to authorize the Mayor to execute a new contract as indicated; motion carried unanimoUSly, (2) Councilman Hartman reported that the Planning Committee and the Subdivision Committee of the Planning Commission have met several times on the matter of additional uses for the Commercial Service area along Highway 85 between Prospect Road and the railroad rigbrief-way. It was their joint conclusion that it would be highly desirable to obtain an objective economic aaalysis of the potential development of this area as a basis for decisions with respect to altering the present zoning pattern. Without such information it was the Judgment of both committees that no constructive and meaningful decision could be arrived at, At the direction of the Committeess Councilman Hartman continueds the City Administrator interviewed the firm of Riches Research~ Incorporated and obtained a proposal for such a study and the firm indicated that it would conduct a complete economic analysis Commercial of the area with a view to determining those uses that would~ Service Zone - in its judgments give rise to the most effective and attractive Economic development potential for this major entrance to the City. In Analysis additions it would analyze the effect of any anticipated uses in this area on other commercial activities within the City as well as contact potential users to determine the extent of serious interest on the part of reputable organizations in any proposed zoning pattern, The cost of the study would be a maximum of $4s000 with billing to be presented on the basis of actual costs incurred and the City retaining the right to cancel the agreement at any time, Mr, Hartman stated that this is one of the most outstanding firms of economic analysts in the West and the Planning Cou~nittee recommends that the Mayor be authorized to execute the necessary agreement to initiate the study, Councilman Drake stated that it seemed like a lot of money for an economic analysis and asked what the Committee expected to get from this type study that mightbe helpful, Councilman Hartman replied that the Committees felt that this area, which is the only commercial service zone in the citys is one of the major entrances to the City an] is relatively unsightly but can be developed in such a manner as to enhance the area and the City, The Committees~ with the information currently available to them are unable to recommend the best use for the area and feel that it should have the expert advice of someone who is extremely kno~.;ledgeable in this field, Councilman Drake stated that although hewas reluctant to go against the Committees' studies and recommendation he felt the expenditure could not be justified. After discussions during ~.fnich it was pointed out that it is believed that the economic study propgsed would provide a guide which would enable the City to determine which uses would be economically practical and feasible for the area in relation to the other commercial zones as well as consistent with the General Plan for the City~ it was moved by Councilman Hartmans seconded by Councilman Burry to authorize the Mayor to execute an agreement with Riches ReSearch~ Inc. as recommended by the Committees, Councilman Drake voted against the motion which was carried and so ordered, -6- SARATOGA CITY COUNCIL MINUTES - MARCH 16, 1966 (3) Councilman Burry reported that the Public l~elfare Conmittee reviewed the question of installing a pathway from Blaney Plaza Pathway - to Herriman Avenue along the east side of the highway and after Blaney Plaza reviewing cost estimates prepared by the Director of Public to Herriman Works, recommends that a six foot pathway framed by redwood header boards and filled with compacting base material like red rock be constructed' by the City at an estimated cost of $3,000, If the Council concurs in this recommendation it w~s suggested that the staff be authorized to prepare pla. ns and specifications and call for bids on the project. Councilman Tyler asked whether this type pathway would really be a savings over a paved path if, in the future, it needed redoing and was told that the proposed fill would serve as base if and when it was felt that it should be paved so that, in any event, the initial expenditure would not be wasted. It was moved by CoUncilman Drake, seconded by Councilman Tyler and unanimously carried to authorize the staff to proceed as outlined above. D. DEPARtmENT HEADS AND OFFICERS "Site Area" (1) The City Attorney=stated that several items, for which he Definition has previously submitted an opinion, have recently come to his attention and he called these matters to the Council's attention with the comment that he has had no further requests regarding Design standards- these matters and wondered at their status. These items ~ere P-A and Commercial (1) architectural design standards for professional-administrative zones and commercial zones, (Z) the keeping of animals within the City and (3) the vagueness of the phras~ i'private streets or Aninml other rights of way over whiqh the publiC haS. a right of access" regulations contained in the aefinition ~f Site a~ea ~h the zoning Ordlnance, He indicated tha~ this phrase was ext~emei~ difficdlt to Inter~ pret and apply to varying situations and needed clarification, Legislation (2) The City Attorney reported that the State Legislature, in its re preemption present special session, will consider new legislation, which by State was sponsored by the League of California Cities, that will provide that the State has preempted the field in certain matters. If this legislation passes~ Mr, Johnston stated, these questions would no longer be ones for the Courts to decide, Underground (3) i4r. Johnston also reported that the State legislature is cur- Utilities rently considering new legislation related to providing under- ground utilities by special assessmeut districts. Mayor Glennon asked the Staff about the first two items mentioned Design by the City Attorney and the Planning Director reported that the Standards Planning Commission studies regarding design standards in P-A and Commercial zones are almost completed and that a recommendation will be submitted to the Council in the near future. Mr. Walker also keeping indicated that studies are progressing toward an amendment to t he animals zoning ordinance governing the keeping of small animals and hopefully that this item will be a part of the proposed revisions concerning the keeping of horses. Mayor Glennon then asked if the definition of a private street over private street which the public has a right of access is a policy decision and the definition City Attorney advised that it is - that someone has to determine how many lots generate the extra traffic which would indicate whether or not the street was considered to be one over which the public has the right of access. With no objections Mayor Glennon directed this matter to the Planning Department and the Planning Co-~=ssion for study and recommended new language in the definition of site area. '~ SARATOGA CITY COUNCIL HINUTES - NARCH 16, 1966 Azule (4) The Director of Public Works reported that the underground work Improvement has been started in the Azule assessment district and that the street work will begin about April 1 aud is scheduled to be completed by July 1. (5) In answer to a question from Councilman Hartman the Director of Saratoga Public Works reported that Piazza and Company have been quite Avenue busy on the Saratoga Avenue project and that it is anticipated Construction that next week they.~ill be working with the cement treatment operation on the north end of Saratoga Avenue. E.CITY ADMINISTRATOR No reports VII COMMUNICATIONS A. WRITTEM (1) The Council briefly discussed a request from Saratoga Historical Foundation for consideration of relocating the memorial arch in Memorial the central part of the Plaza rather than its proposed permanent Arch location location inthat portion adjacent to the fire station. The City Administrator was directed to reply to Mr. Peck that the plans and specifications for the plaza are presently at a stage where it is not feasible to revise them and that it Was the judgment of both the landscape architect' and the Planning Committee that the plans which call for the arch being located in its present position are the best treatmen~ for the area. Sara. Ave. (2) Mayor Glennon called attention.to Copies of correspondence be- Construction tween Mr. Charles H. Andrews and the City Administrative relative to Saratoga Avenue reconstruction° (3) Commander Case'mentioned that the Town of Los GatOs had been Wildlife declared a bird sanctuary by resoluti6n rather than by ordinance Sanctuary and SUggeseed that a resolution be drafted to declar~ that the City of Saratoga ks interested in p~erving wildlife. Commander Case submitted a co y of the City of Santa Ana's resolution in this regard and with no objection, Mayor Glennon directed that a resolution, reflecting the limitations in the City Attorney's opinion on this matter, be prepared for Council consideration at its next meeting. B. ORAL SDR-577 (1) Mr, Menard asked for consideration of approval of SDR-'577 at this Request for time to avoid a three weeks delay in construction, The Council Consideration agreed to consider }~. Menard~s request and Mro Menard referred to certain difficulties which have been encountered with Flood Control concerning this building site. The Planning Director itemized the conditions which have yet to be met and indicated that Mr. Menard is prepared to pay the storm drainage fee but but that the survey map mast be recorded and the dedication notarized and the grading plan must be completed and approved. Councilman Hartman stated that he felt there were too many requirements to be met and he thought that this item should follow the usual procedure and be placed on the agenda after the staff has had an opportunity to determine that the conditions have been met. Mr. Menard stated that the grading and flood control problems have been resolved and Mayor Glennon advised him that it is not a question of whether these matters have been resolved but that the. Council must be in a position to act on the basis of documentation that conditions have actually been met, and the Council wes therefore unable to act on this item at this time. C-S Zone (2) Mr. Clarence Neale expressed his support of the study of the Study Commercial Service zone which was authorized earlier in th~ meeting and suggested that a s~nilar study be conducted of the' village area. SARATOGA CITY COUNCIL MINUTES - FARCH 16, 1966 Orchard (3) Mr. Joe Assenza suggested that some consideration be given to preservation the preservation of orchards near the Cityss entrances in an effort to retain some of the areas which haves for yearss added to the beauty of the community durin~ blossom season. NO one else wished to address the Council at this time and Mayor Glennon acknowledged, with pleasures the preeence of Plarming Commissioner McFa11~ Newly appointed Planning Commissioner Kasner, Mrs, McGovney and her Civics c~lasses, Don Bush of the Chamber Commerces the Good Government Group representative who served colfees and Council candidates Mrs, Scharf and Mr, EWing, Mayor Glennon concluded his remarks by expre8s{ng his gratitude to Mr, and Mrs, · Paul H, Gardiner, VllI ADJOUPaMENT ~t was moved by Councilman Burrys secbnded by Councilman Hartman and unanimously carried to adjourn the meeting at 10:50 P. M. Respectfully submitted~ / ' ,/../. ~:. i / !', WILLIAli C. HANLEY. CITY CLERI9'