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HomeMy WebLinkAboutMinutes-10-10-78-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 10, 1978 T A B L E O F M I N U T E" A'C'T'1 O N S SUBJECT "ACTION: PAGE NO. Removal of Items from Consent Calendar 1 Minutes, Regular Meeting September 26, 1978 Submission to next meeting 1 Denial of Legal Claim, Ref. #392 Approved 1 CC #431, Golden Park Lighting: Acceptance of work performed (A/C #21-17120) Approved 1 General Warrants: #163382 - 168688 #205061 - 205121 Approved 1 Temporary Suspension of No Parking Restr., 7-9am & 4-6pm for 4-mo. @10913-19 Lakewood Bl. Approved 1 S.S. Proj. #326, Gallatin Rd.: Accept improvements (A/C #26-16189) Approved 1 S.S. Proj. #334, Stewart & Gray Rd.: Plans, specs & auth, to advertise for bids A/C #26-16201) Approved 1 Ordinance #560, Amending DMC re Fire Code Adopted 2 Ordinance Adding Chapter 5.5, Sec. 4550 thru 4570 to DMC re Religious Solicitation Introduced 2 Ordinance Amending DMC re,Charitable Solicitations Introduced 2 Presentation in Honor of National 4-H Club Week - October 8-14, 1978 2 Resolution #3603, Adopting 1978-79 Budget for new Capital Improvement Projects Adopted 2 S.S. Proj. #331, Citywide Traffic,Signal Mod.: Accept improvmts. compl.(A/C #26-16195) Approved 2 CC #411, Park & Rec. Offices: Award contract Failed 3 CC #437, 8" Water Main in Paramount Bl. 500' S/o Santa Ana Fwy.: Award to Construction Engineers (A/C #51 4 3542.0520) Approved 3 LIBS Automated Circulation Control System Submission 4 Residential Subdivision Requirements, Tract #35710, Clark & Priscilla: Include street Lighting to City standards as condition Approved 4 Subdivision Tract #35710: Fire hydrant requirement Approved 4 Request for Rubbish Rate Adjustment - Calsan, Inc.: Grant increase of 23G per month single family residential & 204 per month multiple family residential for next fiscal year, with condition future rate increase requests be subm. at least 60 days prior to requested effective date, & financial information to be furnished to staff Approved 5 Appointment of Joseph LaPorta to Health & Environmental Sanitation Committee Approved 5 Page 1 of 2 COUNCIL MINUTES, OCTOBER 10, 1978 TABLE OF MINUTE ACTIONS (CONTINUED) SUBJECT: -'ACTION: Charter Amendment Election Mailout to Registered voters: Appropriation from remaining Anti -Recession Funds Approved Rental Agreement for Downey Civic Light Opera Assn, for use of Downey Theatre: Approve $11,715 or 10% gross revenue, which- ever greater, & difference bet, amount paid & $11,715 be deferred & payable at anytime during C'it_v°s next fiscal year, & Assn. to provide two personnel Approved FAU Projects Recap & Alternatives: For information only: Will be brought back for submittal of projects by December lst No action Purchase of necessary consumable supplies: Suppl, appropriation from Anti -Recession Funds Approved Hearing on Zone Change Case #132, both sides Paramount Bl. bet. Harper & 4th P1. Set for 10/24/78 Council to send card to Mr. Ralph N. Foster, City volunteer, @ Downey Community Hospital Cn. Swearingen req. Council reconsideration on Sister City Program & to approve staff proceeding to develop more active Sister City Program Executive session re pending litigation Deny legal claim of Ray T. Lake Approved PAGE NO. 5 6 7 7 7 7 7 7 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY OCTOBER 10, 1978 The City Council of the City of Downey held a regular meeting at 7:30 p.m., October 10, 1978, in the Council Chamber of the Downey City Hall, Mayor William L. Greene presiding. PRESENT: Council Members: Theodore H. Jackman Kenneth J. Miller. Mayor Pro Tem Milton R. Mackaig Lyell W. Swearingen William L. Greene Mayor ALSO PRESENT: Charles W. Thompson, City Manager Carl K. Newton, Acting City Attorney Martin F. Wynne, Director of Finance John T. Neavill, Director of Parks & Recreation Don Davis, Fire Chief Ruth Miller, City Librarian F. D. Shade, Police Captain William A. Goggin, City Planner Howard Stup, Building Official Harald J. Henriksen, City Engineer Charles G. Eccleston, Traffic Engineer Robert DeSio, Physical Services Superintendent Robert L. Shand, City Clerk -Treasurer Judy McDonnell, Executive Secretary The Invocation was delivered by Father Jerry Young, St. Raymonds Catholic Church, followed by the Flag Salute led by Councilman Swearingen. REMOVAL OF ITEMS FROM CONSENT CALENDAR The following Agenda Items were removed from the. Consent Calendar: VIII-A, Minutes of Regular Meeting of September 26, 1978. Taken under sub- mission to October 24, 1978. VIII-C-2, S.S. Project #326, for question on dust abatement. VIII-C-3, S.S. Project #334, for question re approval of cost in Gas Tax Budget. CONSENT CALENDAR It was moved by Councilman Jackman, seconded by Councilman Miller, and so ordered to approve the Remainder of'the 'Consent 'Calendar - Denial of Legal 'Claim: Ref:'#392; Myrtle Siler. Cash Contract #431, Golden Park Lighting: Acceptance of work performed (Account #21-17120). General Warrants: #163382 - 168688; #205061 - 205121: $842,738.52. 7:00 - 9:00 a.m, and 4:00 - it was moved by Councilman Swearingen, seconded by Councilman Jackman, and so ordered to accept the improvements completed in conjunction with S.S. Project #326, Gallatin Road, and the responsibility for maintenance thereof (Account #26-16189); and approve plans and specifications and grant authority to advertise for bids on S.S. Project #334, Stewart'& Gray Road (Account #26-16201). ORAL COMMUNICATIONS (Items not on Agenda): None. ORDINANCES ORDINANCE NO. 560 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTIONS 3310, 3314, 3317, 3328 AND 3358 OF THE DOWNEY MUNICIPAL CODE WHICH SECTIONS RELATE TO THE FIRE CODE OF THE CITY OF DOWNEY Council Minutes 10/10/78 -1- The Ordinance was read by title only. It was moved by Councilman Jackman and ®6180 seconded by Councilman Miller to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to adopt Ordinance No. 560. Two Ordinances concerning Religious and Charitable Solicitations were presented by Mr. Newton, which he said are the result of litigation currently pending against the Cities of South Pasadena, Huntington Park, Glendora, Downey, West Covina, the County of Los Angeles, and the District Attorney°s Office. Mr. Newton explained the law suit challenges the constitutional validity of the religious solicitation ordinance, and these proposed ordinances are a modification of the present solici- tation ordinances to remove the constitutional vulnerability it is felt now exists, as well as a means of avoiding lengthy litigation. He responded to questions regarding the criteria for denying a permit for religious solicitation. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADDING CHAPTER 5.5 CONSISTING OF SECTIONS 4550, 4551, 4552, 4553, 4554, 4555, 4556, 4557, 4558, 4559, 4560, 4561, 4562, 4563, 4564, 4565, 4566, 4567, 4568, 4569, AND 4570 OF ARTICLE IV OF THE DOWNEY MUNICIPAL CODE RELATING TO RELIGIOUS SOLICITATION The Ordinance was read by title only. It was moved by Councilman Jackman and seconded by Councilman Miller to waive further reading. it was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to introduce the Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 4500 AND REPEALING SECTION 4505 OF CHAPTER 5, ARTICLE IV OF THE DOWNEY MUNICIPAL CODE RELATING TO CHARITABLE SOLICITATIONS The Ordinance was read by title only. it was moved by Councilman Jackman and seconded by Councilman Miller to waive further reading. It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to introduce the Ordinance. On behalf of the City Council, Mayor Greene accepted a cake from Wendy Thomsen of the Greenleaf 4-H Club in recognition of National 4-H Week - October 8-14, 1978. RESOLUTION NO. 3603 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE FISCAL YEAR 1978-79 BUDGET FOR NEW CAPITAL IMPROVEMENT PROJECTS The Resolution was read by title only. It was moved by Councilman Miller and seconded by Councilman Jackman to waive further reading. it was moved by Councilman Miller, seconded by Councilman Jackman, and passed by unanimous vote to adopt Resolution No. 3603. CASH CONTRACTS It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to accept the improvements completed in conjunction with S.S. Project #331, Citywide Traffic Signal Modification, and the responsibility for maintenance thereof (Account #26-16195). It was moved by Councilman Miller and seconded by Mayor Greene to award Cash Contract #411, Parks & Recreation Offices, in the amount of the base price bid totaling $39,900 to DEB Enterprises, Inc., the lowest and best bidder (Account #21-13937). Councilman Swearingen feels that in the future the Council may be studying the use of the Theatre and he does not want to make a definite decision at this time. Council Minutes 10/10/78 -2- Mr. Thompson explained the plan to relocate the park offices at the civic center as a timesaving effort of staff time which will result in more efficiency and enable park personnel to supervise operation of the Downey Theatre. He also mentioned the possibility of consolidating the park maintenance facility with the street maintenance facility. The funds are out of Revenue Sharing Funds, which have been earmarked for capital improvements. Councilman Jackman feels this proposal is needed, but said this is not the time to do it and suggested waiting one more year. Councilman Miller stated in light of Proposition 13 the Council should look at ways to be more efficient, and he favored moving ahead on this matter since it has been planned for some time. Councilman Mackaig indicated this project is not needed and he would not vote for it. Mayor Greene pointed out although Revenue Sharing Funds are available, he would hope the money can be spent in the most proper way as far as the citizens are con- cerned. He said although he has supported this in the past he cannot do so at this time, and he suggested this be considered at a later time. AYES: 1 Council Member: Miller NOES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene Failed. It was moved by Councilman Jackman, by unanimous vote to award Cash Contract Dara.ennnF Rnniova vA 5(1f10 ennih of 9ania bid, to Construction Engineers o #51 4 3542.0520). MISCELLANEOUS COUNCIL ACTIONS LISS seconded by Councilman Mackaig, and passed #437, 8" Water Main Installation in na Freeway, in the amount of the unit price e, the lowest and best bidder (Account Z4 Mr. Walter Winshall, President of C.L. Systems, discussed the benefits of the automated system, which he said displaces manual activities performed by Library staff in operating the circulation function at the Library. He commented on the number of libraries throughout the State in which the automated circulation control system has been installed. A typical library spends approximately 25 percent of its total budget maintaining and updating files for activities which would be per- formed automatically by this system. Noting a $34,000 saving in the Library operation is anticipated, Councilman Jackman asked if the five library staff, whose work would be affected by this new equipment would be laid off. Mrs. Miller replied two or three personnel would be needed to continue to operate the equipment, but she hopes to restore some servicesthathave been cut.' Councilman Jackman said if he can be assured the City can save $34,000 this coming year he would be willing to vote for the equipment: but, if it is planned to restore some of the services, he would like to know exactly how much will be saved. Mr. Winshall noted the Library's present method of operation is both expensive and provides a low level of service. Mrs. Miller stated all of the supplies for the present system would not be needed for the new system, in addition, personnel operating the circulation control could be cut by one-third. Mr. Winshall commented on the present function of the Library regarding the process of checking out books, the return of overdue books, and how the proposed automated system will provide an automatic control in doing the work now being done manually. During discussion, he pointed out it is impossible for the Downey Library to make a delinquency check at the circulation desk because the amount of work in- volved exceeds the present staff's capability. He elaborated further on the benefits of the proposed system. Further discussion ensued. Questions were raised regarding the service contract for maintenance of the equipment. Council Minutes 10/10/78 -3- Councilman Jackman said he would like further time to study the contract and proposal. Taken under submission. Residential Subdivision Requirements, Tract No. 35710, Clark Avenue and Priscilla Street Mr. Jack Robinson, 8615 Florence Avenue, said he received a plan from the City reducing the number of street lights required to two. He pointed out that for a long period of time each property has been in the lighting district and assessed money without benefit. Mr. Henriksen commented on a change in the Edison Company policy, where they will install only high pressure sodium lights giving more light for the same energy. Councilman Mackaig indicated he will vote in favor of Mr. Robinson because he does not feel anyone building a house should be forced to put in street lighting. Councilman Miller said if the Council is going to change the policy on subdi- visions, he would suggest setting a study session to discuss it; but, he would not be in favor of changing the policy on the merits of one case. A discussion followed regarding the street lights in the surrounding area. Mr. Ernest Jennings, 7523 East Cory, pointed out the subdivision on Sarabeth was not required to install street lights. Mr. Goggin explained that subdivision was originally approved by the County before the City incorporated, and the County did not require street lights. it was moved by Councilman Jackman, seconded by Councilman Miller, and passed by the following vote that the requirement of street lighting to City standards be included as a condition to approval of Tract No. 35710. AYES: 3 Council Members: Jackman, Miller, Greene NOES: 2 Council Members: Mackaig, Swearingen Chief Davis commented on the recommendation of the Fire Department to upgrade the hydrant to a steamer hydrant, one 4-inch and one 211-inch connection. The Fire Department will provide the hydrant head. It was moved by Councilman Jackman, sec nded by Councilman Mackaig, and passed by unanimous vote to approve the fire hydrant requirement on Tract No. 35710. Request for Rate Adjustment - Calsan, Inc. It was moved by Councilman Jackman and seconded by Councilman Mackaig that the contract for rubbish collection be placed out to bid. Mr. DeSio discussed provisions of the contract with Calsan pertaining to can- cellation. He said from a staff standpoint, the best course of action would be for the City Council to either grant the increase or refuse to grant it in a cordance with the formula. Councilman Mackaig said although the rubbish service is good, he feels the contract should go out to bid. Upon Councilman Mackaig's indication to make an amended motion, Councilman Jackman withdrew his original motion. Councilman Miller pointed out there is a thrust for larger companies to monopo- lize most of the business. Councilman Swearingen said he feels the contractor is doing a good job, and he is not in favor of placing the contract out to bid. Mr. DeSio stated the increase recommended per month is 23C for single family residential and 20C on multiple units. Mr. Thompson noted that since the formula was developed, liability insurance has become a burden, and it was not considered in the formula. Councilman Mackaig made a motion to grant the rubbish rate increase for six months and then place the contract out to bid at that time. The motion died for lack of a second. Council Minutes 10/10/78 -4- It was moved by Councilman Jackman, seconded by Councilman Miller, and passedebf;1 3 the following vote to grant the rubbish rate increase of 23C per month single family residential and 20C per month multiple family residential, for the next fiscal year, with the condition that any future rate increase requests be submitted at least 60 days prior to the requested effective date, and that financial information be fur- nished to staff. AYES: 4 Council Members: Jackman, Miller, Swearingen, Greene NOES: 1 Council Member: Mackaig It was moved by Councilman Jackman, seconded by Councilman Miller, and so ordered to approve the Appointment of Mr. Joseph LaPorte to the Health and Environ- mental Sanitation Committee, It was moved by Councilman Jackman, seconded by Councilman Miller, and passed by unanimous vote to approve the appropriation of $3,754 to Program 1130 from the remaining Anti -Recession Funds available for the fiscal year 1978-79 for the Charter Amendment Election mailout to registered voters. Rental Agreement for Downey Civic Light Opera Association's Use of Downey Theatre Priscilla Dunnum, 11017 Paramount Boulevard, representing the Downey Civic Light Opera Association, commented on the Association's offer to pay $8,000 rental for the season, to be paid 50 percent at the beginning of the season and 50 percent at the end. She reviewed the Council's approval of the interim rental schedule for the Downey Theatre and the Minutes of the Couucil Meeting of August 8, 1978. She pointed out the only figure the Association thought was used with reference to the rental for the year was $8,000. Then, at the meeting to form the non-profit organization of the cultural performing arts groups a rental schedule was submitted stating a charge of $11,500, which is $3500 over what the Association agreed to pay. Based on the inter- pretation of the Council action, the Opera Association made commitments for the first musical of the season. On September 20th, the Association received a letter stating the total rental fee is $11,715 plus personnel charges of $5,000. Ms. Dunnum said the matter of Theatre personnel was discussed at a meeting of the Recreation & Community Services Commission, Commission, wherein the Commission recommended for re- hearsal times one person on the City payroll should be present, and that the employee could be CETA personnel which would be at no cost to the City or the Association. She also understands the recommendation of the Commission and Park Department is that they feel it is necessary to have as a City representative a stage manager and a house manager, but in her opinion one person would be adequate to be a roving supervisor on behalf of the City. The Association has people who perform these duties and have been trained to do this kind of work. She again stated the Association has proceeded to commence its season based on what they thought their costs would be--$8,000 for the rental but no awareness of personnel charges, and the Association has suggested a $8,000 minimum, or ten percent of the gross ticket sales, whichever is greater. Responding to a question concerning the City's responsibility for a member of the Association acting as supervisor, Mr. Neavill stated it is the City Attorney's opinion the City's best protection against a claim would be if a City employee were assigned to that specific operation. Discussion was held regarding the Association engaging in fundraising activities. Councilman Jackman inquired about the expected date for submitting a proposal on the non-profit corporation of the cultural arts groups. Ms. Dunnum replied it is intended to submit a proposal by the end of this calendar year. Councilman Jackman asked that the date be considered as the deadline. -- Mr. Neavill explained it is apparent the Civic Light Opera entered into the commitment for its first production with the idea of paying a flat fee of $8,000. He said staff's original estimate of $10,000 was based on preliminary information as to the number of dates the Association would use the Theatre, computed by the rate per date, and the finalized figure is $11,715, which is greater than the Association anticipated. He feels a minimum of two personnel are needed at the Theatre for the programs and that if the Civic Light Opera has people who are qualified and if agreeable to the City, those people would be placed on the City's payroll. If these people are willing to volunteer their services, they can sign their checks over to the Association as a donation. A discussion was held regarding the budget for the Theatre and what the Associa- tion is capable of paying for the rental. Council Minutes 10/10/78 -5- Mayor Greene indicated he feels since the Council made an obligation, it should follow through with this for a year and let the Association see what it can do. Further discussion ensued. Mr. Vance Frederick said he is the former Assistant Technical Director at the Theatre., He concurred with having a minimum of two people on staff at the Theatre at all times during performances. Mayor Greene declared a recess from 11:03 p.m. to 11:12 p.m. The meeting re- sumed with all Council Members present. Mr. Dave Bremer, part-time employee at the Theatre, indicated he would be willing to donate whatever he is paid by the City. It was moved by Councilman Mackaig to accept the $8,000 or ten percent, which- ever is the greater of the two, from the Civic Light Opera Association, and that the City pay for two personnel at the Theatre, with those employees refunding the money to the Civic Light Opera, who in turn will refund those moneys to the City to pay for the personnel. (Restated motion follows.) Councilman Mackaig then moved to accept the $8,000 or ten percent of the gross revenue, whichever is greater, and that the Civic Light Opera pay for (two) personnel. Mr. John Hume, 7827 Cole Street, does not feel two employees at the Theatre will enhance or lessen any risk that might be involved in order to satisfy the City's insurance coverage. Mr. Newton explained the level of supervision is a policy question, subject to determination by the Council pursuant to staff recommendation. During further discussion the motion was seconded by Councilman Swearingen. Roll call vote: AYES: 2 Council Members: Mackaig, Swearingen NOES: 3 Council Members: Jackman, Miller, Greene Failed. It was moved by Councilman Miller, seconded by Councilman Jackman, and passed by the following vote to approve $11,715 or ten percent of the gross revenue, which- ever is greater, and that the difference between the amount paid and $11,715 be deferred and payable at anytime during the City's next fiscal year, and that the Association provide two personnel. Mrs. Maria D'Orazio, 9115 Gainford, mentioned money has been received for advance season tickets and questioned who would be responsible for the refunds. She also stated a meeting of the Association has been scheduled, and since it now appears the future productions cannot go on, she questioned where their responsibility ends and the City's responsibility begins. Councilman Miller said he is confident the Association can hold fundraisings to finance its needs. Mrs. D"Orazio pointed out there was no mention of the Association providing two personnel at the time this was discussed by Council on August 8th. Mr. Newton indicated his understanding of the motion is that the Civic Light Opera Association would pay a rental of $11,715, or ten percent of gross revenue for the current year operation, provided that the difference between the gross revenue and $11,715, or $8,000 and the $11,715, if greater, would be deferred and payable in the next fiscal year of the City. in addition, the Civic Light Opera Association would be responsible to pay the cost of two personnel for supervision purposes during performances. AYES: 5 Council Members: Jackman, Miller, Mackaig, Swearingen, Greene Clarifying the motion, Mr. Thompson advised the Association that if it had a maximum of $8,000 it can pay, it would pay the $8,000 and then defer $3715; or, if the ten percent exceeds $8,000 but is less than $11,715, the Association would pay the ten percent and defer the difference. If the ten percent exceeds $11,715, the Association would pay the ten percent. Requesting clarification, Mr. Wynne asked if it is the intent of the motion to have the Civic Light Opera hire two people and pay them directly, or will the City pay and be reimbursed. Council Minutes 10/10/78 -6- Mr. Thompson replied the Association will be responsible for the two people.. ® �g�►5 Mr. Neavill would approve the two people, the City would pay them, and then the Association would reimburse the City. Mr. Neavill said the City has an agreement with all of the Theatre users, and in this case, he would recommend putting together an agreement that details all of this information. Also, it would appear the Association would make the rental pa•.y- ment at the close of the final production in order to know what the gross receipts might be. Elizabeth Clinton of the Downey Theatre Guild, discussed the financial status of the Civic Light Opera Association, which she pointed out is $3,000 behind at this time. She commented on the National Endowment Funds and said the Association and City should work together in order to fund the Civic Light Opera. Federal Aid Urban (PAU) Projects Recap & Alternatives Mr. Henriksen explained this is submitted to the Council for information. He pointed out the projects for fiscal year 1979-80 will have to be submitted by December 1st, and this will probably come back to the Council the first meeting in November for a decision on projects to be submitted. It was moved by Councilman Mackaig, seconded by Councilman Swearingen, anO.. passed by the following vote to approve a supplemental appropriation in the anount of $5,000 to Account4104 2210 0140 from Anti -Recession Funds for purchase of necessary consumable supplies. AYES: 4 Council Members: Jackman, Mackaig, Swearingen, Greene NOES: 1 Council Member: Miller It was moved by Councilman Miller, seconded by Councilman Mackaig, and passed by unanimous vote to set a hearing on Zone Change Case No. 132, both sides Pararount Boulevard between Harper Avenue and Fourth Place, for 7:30 p.m., October 24, 1978, the Council Chamber of the Downey City Hall. CITY MANAGER'S REPORT Mr. Thompson commented on the staff recommendation for the Council to receive and deny the Legal Claim of Ram T. Lake, It was moved by Councilman Swearingen to deny the Claim of Mr. Lake. Action on the claim was held pending an executive session of the Council. ORAL COMMIINICATIONS The City Council will send a card to Mr. Ralph N. Foster, a City volunteer, who is in the intensive care unit at the Downey Community Hospital. Councilman Swearingen commented on his recent trip to Guadalajara and requested the Council to reconsider and stand behind the Sister City Committee. He asked the Council to approve staff proceeding to develop a more active Sister City Program. Councilman Mackaig suggested each Council Member might appoint someone to work as a committee. At 12:32 a.m., Mayor Greene recessed the meeting to executive session to discuss pending litigation. The meeting resumed at 1:23 a.m. with all Council Members present. It was moved by Councilman Miller, seconded by Councilman Swearingen, and passed by unanimous vote to deny the Legal Claim of Mr. Ray T. Lake. There being no further business to come before the City Council, the meetizig was adjourned at 1:25 a.m., October 11, 1978. Robert L. Shand, City Clerk -Treasurer William L. Greene, Mayor r Council Minutes 10/10/78 -7-