HomeMy WebLinkAbout01/26/2010 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
January 26, 2010 — 7:00 p.m
I. STUDY SESSION - 4:00 p.m
II. CLOSED SESSION - 6:10 p.m
A. Conference with Legal Counsel - Existing Litigation (Government Code 6
64966.9(a)): Six matters:
1. Status Report on Pending Litigation: We will report on a global basis on
all pending litigation involving the City. This is an informational item only.
No action, however, may be taken on any item unless it is specifically
noticed below.
2. ' AlbinaIi v. Newport Beach., Orange County Superior Court Case No. 30-
2009- 00329342
S. Vermillion v. Newport Beach, U.S. District Court Case No. CV09.9371
JFW (M1.Gx)
4. Benefiel v. Newport Beach, Orange County Superior Court Case No. 30-
2009. 0032887
6. Catanzarite v. Newport Beach, Orange County Superior Court Case No.
30- 2009 - 00332874
6. Crose -Claim Against Morningside Recovery as the only remaining
portion of the Concerned Citizen's v. City of Newport Beach, U.S.
District Court Case No. SACV 08. 00192 -JVS (RNBx)
B. Conference with Legal Counsel Anticipated Litigation Initiation of
Litigation (Government Code § 64966 9(c))• One ma r•
1. Potential initiation of litigation against Mariners Mile Gateway, LLC and
Red Mountain Retail Group for imposition of a receiver in order to bring its
property at the corner of Dover and PCH into compliance with City
regulations and to take any action necessary to abate nuisances.
C. Conference with Labor Negotiators (Government Code § 6,495 7 6)
1. Agency Designated Representatives: Bill Avery of Avery & Associates and
Terri Cassidy, Human Resource Director
2. EmRlgyee Organisations: Multiple Newport Beach Aasoclations - Lifeguard
Management Association (LMA), Newport Beach Firefighters' Association
(NBFA), Police Management Association (PMA), Police Employees'
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Association (PEA), and Fire Management Association (FMA)
D. Public Employee Performance Evaluation v r msent Code .§ 549bWb)(1)):
The City Council will meet in closed session to consider the appointment,
employment, evaluation of performance, discipline, or dismissal of three public
employee(s).
1. Titles: City Clerk, City Attorney, and City Manager
III. RECESS
IV. RECONVENED AT 7.00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Hunt reported that Council authorized the defense of Albinali v. Newport
Beach, Vermillion v. Newport:Beach, Benefiel v. Newport Beach, and Catanzarite v.
Newport Beach, and that Council affirmed and authorized the Office of the City Attorney to
file nuisance abatement- proceedings for anticipated litigation against Mariners Mile
Gateway, LLC and Red Mountain Retail Group.
VII. PLEDGE OF ALLEGIANCE - Council Member Selich
VIII. INVOCATION - Reverend Karl Stuckenberg, Newport Center United Methodist
Church
►®
Check Presentation for Main Street Trees
Community Foundation of Balboa Peninsula Point (CFBBP) President Ken Drellishak,
CFBBP Treasurer Dick Barker, Balboa Peninsula Point HOA President Karl Morbido, and
resident Cindy Doran (not.present) presented Mayor Curry with a check for $26,753.
Mayor Pro Tem Henn noted that this is a tremendous example of how one person can make a
difference in his or her city, discussed the hard work of Cindy Doran, and noted the positive
affect citizens can have on their city. He also thanked staff for their creative participation
on the project.
Annual Report from the Orange County Human Relations Commission
Board Member of the Orange County Human Relations Council (OCHRC), Dr. Ellen
Olshansky, utilized an annual report to discuss their role in Newport Beach over the last
year and Countywide services available to the public. She stated that OCHRC is proud to be
an internationally recognized model. for building positive inter -group relations and that they
look forward to continuing its partnership with Newport Beach. She presented Mayor Curry
with a certificate.
K NOTICE TO THE PUBLIC
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XI. CITY COUNCIL ANNOUNCEMENTS OR.MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED. O-I A FUTURE AGENDA FOR DISCUSSI_ON. ACTION OR
REPORT (NON- Dl SCU55ION ITEM)
Council Member Daigle reported that she has been working with staff to explore ways the
City can publicize where residents can go for assistance with social security, unemployment,
and foreclosures. She also discussed her attendance at a Persian - American Coalition group
meeting and asked that the City's efforts with the census be placed on a future Study
Session agenda.
Council Member Gardner noted that the Environmental Quality Advisory Committee
(EQAC) brought up the issue of leaf blowers and requested that it be added to a future Study
Session agenda. Assistant City Manager Wood confirmed that the leaf blowers issue will be
on a future agenda. Council Member Gardner also suggested sending another email to
residents regarding problems with the City's Online Bill Pay system. City Manager Kiff
advised residents to refer to the Administrative Services section on the City's website if they
are experiencing problems.
Council Member Webb welcomed Boy Scout Troop No. 746 to the meeting and noted the
Opportunities Boy Scouts provide for the youth to learn about City government.
Mayor Pro Tem Kenn reported that the Coastal Commission approved the installation of
tsunami warning towers, that the project can now be put out for bid, and that towers are
projected to be erected before summer. He also requested that, if Item 26 (Balboa
Boulevard) is approved, staff come back with a report on necessary steps to rework the
property into a surface parking lot. He also commented on the work and techniques of mural
artist Don McDonald, and suggested that staff utilize the expertise of the Arts Commission
and the community for ideas on how to preserve the memory of the mural. Council Member
Gardner noted that the artist volunteerd to paint another mural.
Mayor Curry noted that there are two days left for Restaurant Week and announced that the
6th Annual Celebrating Leadership Reception for Leadership Tomorrow will be on February
.4. Residents can go to www.leadershiptomorrow.org for more information. He also
discussed his attendance at the U.S. Conference of Mayors conference in Washington D.C.
and noted topics discussed with President and Mrs. Obama, and other Mayors across the
country.
2UL CONSENT CALENDAR
A. READING OF AHNUTESIORDINANCES AND RESOLUTIONS
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in
full of all ordinances and resolutions under consideration, and direct City
Clerk to read by title only.
8. AMENDMENT TO CHAPTER 14.17 (WATER EFFICIENT
LANDSCAPING) OF THE NEWPORT BEACH MUNICIPAL CODE
[100 - 20101. Introduce amended Ordinance No. 2010 -1 which amends, in its
entirety, Chapter 14.17 of Title 14 of the Newport Beach Municipal Code
regulations pertaining to water - efficient landscaping and references the
accompanying Design Standards document, and pass to second reading on
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February 9, 2010,
4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION
FRANCHISES TO ATHENS SERVICES AND HAUL -AWAY RUBBISH
SERVICE CO., INC. [421100- 20101. a) Adopt Resolution of Intention No.
2010 -5 for Athens Services Co., Inc. and Resolution of Intention No. 2010 -6
for Haul -Away Rubbish Service Co., Inc. to conduct a public hearing on
February 23, 2010, to consider the award of Non - exclusive Solid Waste
Franchises to Athens Services and Haul -Away Rubbish Service Co, Inc.; and
b) introduce Ordinance No. 2010 -2 and Ordinance No. 2010 -3 granting Non-
exclusive Solid Waste Franchises to Athens Services and Haul Away
Rubbish Service Co., Inc., and pass to second reading on February 23, 2010.
5. CITY COUNCIL CALENDAR FOR 2010 [381100- 20101. Adopt
Resolution No. 2010.7 relating to the City Council's 2010 calendar.
6. TERMINATION OF NON - EXCLUSIVE COMMERCIAL SOLID
WASTE FRANCHISE AGREEMENT [421100- 20101. Adopt Resolution
No. 2010.8 terminating the solid waste franchise agreement between the
City of Newport Beach and Greenleaf Grading Company.
7. RESOLUTIONS SUSTAINING HEARING OFFICER'S DENIAL WITH
PREJUDICE - YELLOWSTONE WOMEN'S FIRST STEP HOUSE,
INC. - 1661 INDUS (UP 2008-084) (RA 2008 -004) (PA 2008 -106); 1621
INDUS STREET (UP 2008 -035) (RA 2009 -005) (PA 2008 -106); 1671
PEGASUS STREET (UP 2008 -086) (RA 2009 -006) (PA 2008 -107); AND
20172 REDLANDS DRIVE (UP 2008-037) (RA 2009-007) (PA 2008 -108)
16&/100 - 20101. Adopt Resolution Nos. 2010.9, 2010 -10, 2010.11 and 2010-
12, denying the appeals, and upholding and affirming the Hearing Officer's
decisions to deny with prejudice applications for use permits and reasonable
accommodations for each of Yellowstone's four facilities.
9. RESOLUTION UPDATING THE LIST OF DESIGNATED
EMPLOYEES FOR 2010 UNDER THE CITY'S CONFLICT OF
INTEREST CODE 1100 - 20101. Adopt Resolution No. 2010 -14 adopting the
2010 Designated Employees List,
10. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
SAMPSON OIL COMPANY FOR CITY OIL FIELD FACILITY
OPERATIONS AND MAINTENANCE SERVICES (C -4468) [381100-
80101. a) Approve Professional Services Agreement (PSA) with Sampson Oil
Company for the operations and maintenance of the City Oil Field Facility;
and b) authorize the Mayor and City Clark to execute the Agreement.
11. AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT
WITH LACY OIL TOOL CO. FOR REPAIR AND MAINTENANCE OF
OIL WELL PUMPING UNITS (C-8986) [381100 - 20101. a) Approve
Amendment No. 2 to Professional Services Agreement (PSA) with Lacy Oil
Tool Co. for on-call repair and maintenance services for oil well pumping
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units; and b) authorize the Mayor and City Clerk to execute the
Amendment.
13. VIA LIDO, VIA MALAGA, VIA OPORTO & VIA ANTIBES
PAVEMENT REHABILITATION - COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 4096 [38/100 - 20101. a) Accept the
completed work and authorize the City Clerk to file a Notice of Completion;
b) authorize the City Clerk to release the Labor and Materials Bond 35 days
after the Notice of Completion has been recorded in accordance with
applicable portions of the Civil Code; and c) release the Faithful
Performance Bond one year after Council acceptance.
14. SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM - 2009-
2010 - AWARD OF CONTRACT (C -4189) [381100- 20101. a) Approve the
project plans and specifications; b) award Contract No. 4189 to Grigolla &
Son's Construction Co.; Inc. for the total bid price of $302,050, and authorize
the Mayor and the City Clerk to execute the contract; and c) establish an
amount of $78,450 (25% of total bid) to cover the cost of unforeseen and
unscheduled additional work.
15. AMETHYST AVENUE - SOUTH OF BAYFRONT MOTORIZED TIDE
VALVE REPLACEMENT - COMPLETION AND ACCEPTANCE OF
CONTRACT NO. 4063 [381100 - 2010). a) Accept the completed work and
authorize the City Clerk to file a Notice of Completion; b) authorize the City
Clerk to release the Labor and Materials Bond 35 days after the Notice of
Completion has been recorded in accordance with applicable portions of the
Civil Code; and c) release the Faithful Performance Bond one year after
Council acceptance.
16. KLINE DRIVE STREET AND DRAINAGE IMPROVEMENTS -
APPROVAL OF A COOPERATIVE AGREEMENT WITH COUNTY OF
ORANGE AND ORANGE COUNTY DEVELOPMENT AGENCY (C-
4465) [381100- 20101. Approve an agreement with the County of Orange and
the Orange County Development Agency for the design and construction of
Kline Drive Street and Drainage improvements.
17. CORONA DEL MAR STREETLIGHT IMPROVEMENT PROJECT -
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4090
[381100- 2010]. a) Accept the completed work and authorize the City Clerk
to file a Notice of 'Completion; b) authorize the City Clerk to release the
Labor and Materials bond 35 days after the Notice of Completion has been
recorded in accordance with applicable portions of the Civil Code; c) release
the Faithful Performance Bond one year after Council acceptance; and d)
authorize staff to reimburse $8,500.00 to Corona del Mar Business
Improvement District.
18. AUTHORIZATION TO RETAIN JERRY STROM (RETIRED ,
EMPLOYEE) ON' A PART -TIME BASIS (C -4466) [381100 - 90101.
Authorize the City Manager to temporarily hire back Jerry Strom for up to
six months until such time that another employee can fulfill those
responsibilities.
19. TRANSFER OF DEVELOPMENT RIGHTS IN NORTH NEWPORT
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CENTER PLANNED COMMUNITY (PA2009 -169) [100 - 20101. Adopt
Resolution No. 2010 -15 approving a transfer of development rights in the
North Newport Center Planned Community, as follows: 1) Transfer 50,000
square feet of general office from Block 500 to Block 600, and 2) Transfer
165,833 square feet of general office from Block 600 to San Joaquin Plaza.
E. MISCELLANEOyS
20. PLANNING COMMISSION AGENDA FOR JANUARY 21, 2010 [100-
20101. Receive and file written report.
21. EARLY RETIREMENT INCENTIVE PROGRAM AND
ORGANIZATIONAL RESTRUCTURING UPDATE [100 - 20101.
Authorize the City Manager to rehire certain employees pursuant to Council
Policy F -20 and in accordance with PERS requirements subject to
ratification of the contracts by Council in February 2010.
Council Member Daigle reported that the compensation for the Deputy
Administrative Servioes.Director will be $71.60/hour and the Assistant City
Manager will be compensated $88/hour.
22. ESTABLISHMENT OF' TWO CLASSIFICATIONS FOR POSITIONS
VACATED, DUE TO THE EARLY RETIREMENT INCENTIVE
PROGRAM [100 - 20101. a) Approve the establishment of a new Asaistant
to the City Manager job classification in the Key and Management Unit with
a salary range of $9,018 - $10,959 per month; and b) approve the
establishment of a new Administrative Support Services Coordinator job
classification in the Key and Management Unit with a salary range of
$4,732 - $6,658 per month.
28. APPOINTMENT :OF ENVIRONMENTAL QUALITY AFFAIRS
COMMITTEE - CHAIRPERSON [100 - 2010). Confirm the Mayor's
appointment of Arlene Greer as the Chairperson of the Environmental
Quality Affairs Committee (EQAC).
24. APPOINTMENT OF JEFFREY COLE TO SPECIAL EVENTS
ADVISORY COMMITTEE [100 - 20101. Appoint Jeffrey Cole as the
Economic Development (EDC) representative to the Special Events Advisory
Committee.
Motion' by Mayor Pro Tom Henn seconded by Council Member Rosaaskv to
approve the Consent Calendar, except for the items removed (1, 8 and 12); and
noting clarification on Item 8 and Council Member Daigle s comments regarding
Item 21.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, .Council Member Rosansky, Mayor Pro Tern Henn,
Mayor Curry, . Council Member Webb, Council Member Gardner, Council
Member Daigle
KID. ITE 0 REi1IO MI) FROM THE CONSENT CALENDAR
1. MINUTES OF THE SPECIAL MEETING OF JANUARY 9, 2010, THE
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ADJOURNED REGULAR MEETING OF JANUARY 11, 2010, THE
ADJOURNED REGULAR MEETING OF JANUARY 12, 2010, AND THE
REGULAR MEETING OF JANUARY 12, 2010 [100- 20101.
Council Member Gard.ner.provided amendments to the Council Meetings of January
9, 2010, January 11, 2010, and January 12, 2010.
&lotion bv'Council 11lember Gardner. seconded by Council ember Webb to
waive reading of subject minutes, approve as amended, and order filed.
The motion carried by the following roll call vote:
Ayes: Council Member Selich; Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
8. NEWPORT' BEACH FIRST BATTALION, FIRST MARINES ADOPTION
COMMITTEE [100 - 20101.
Council Member Daigle requested and received clarification on the level of support
the City has been providing over • the years and the parameters that will be
established moving forward. City Manager Kiff noted that a Foundation will be
.formed that will require less City time and input, and noted that he will evaluate
requests closely to assess community benefit.
Council Member Gardner. expressed concern relative to providing long -term staff
assistance to the Foundation. and -suggested emphasizing that the City may not
always be able to provide staff support.
Motion 12Y Council Member Daigle seconded by Mayor Curry to adopt
Resolution No. 2010 -13 acknowledging the formation of the Foundations and setting
the parameters for ongoing City support.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council, Member Gardner, Council
Member Daigle
12. APPROVAL OF NEGOTIATED PURCHASE OF SOFTWARE FOR
AUTOMATED DAILY FIELD ACTIVITY REPORT FROM SPEEDTRACK,
INC. (01464) [381100- 20101.
Council Member Gardner requested and received clarification from Lieutenant
Hartford that there would be follow -up on all the issues presented in the staff report
and monitoring of all activities, and that a licensing agreement is in the process of
being established.
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Notion by Council Member Gardner. seconded by Cou. A Membe ebb to
a) authorize the waiver of Council Policy F -5, the adopted purchasing guidelines; b)
authorize the Chief of Police or his designee and the City Attorney of his designee to
negotiate with the sole source vendor SpeedTrack, Inc., for the purchase,
installation, and maintenance of automated daily field activity reporting software;
and c) approve a Budget Amendment (10BA -029) increasing expenditure
appropriations in 1820 -8141, Supplies Computer Software, by $85,000.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
)UV. ORAL RESORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that the Santa Ana Heights Project Advisory Committee
(PAC) will have its next meeting on February 3 and noted her appreciation for all their
accomplishments. She also discussed a presentation at the Aviation Committee meeting
regarding the 2010 approach to aviation issues. She noted that the County has indicated its
desire to negotiate the Settlement Agreement in 2011.
Council Member Gardner reported on a discussion by the Coastal/Bay Water Quality
Committee on proposed water quality studies that could cost the City $7 million a year. She
also discussed an experiment conducted by Code Enforcement Division Manager Kappeler
and Dr. Jack Skinner on water quality impacts due to urban runoff. She encouraged the
City to work with the Orange County Public Health Agency to present this information to.
the Regional Quality Control Board.
XV. PUBLIC COMMENTS
Bradley Arnold discussed medical cannabis regulations and expressed support for allowing
medical cannabis dispensaries in the City.
XVI. CURRENT BUSINESS
25. ADOPTION OF RESOLUTION TO AMEND THE MEMBERSHIP AND
PURPOSE & RESPONSIBILITIES OF THE CHARTER UPDATE
COMMISSION; AND CONFIRM APPOINTMENTS TO THE CHARTER
UPDATE COMMISSION [381100-20101.
City Clerk Brown provided a staff report to discuss the current and proposed
Charter Update Commission membership and duties, the two areas of possible
update, and the procedure for appointing Commission members.
Mayor Curry emphasized that this is not an attempt to disband the Civil Service
Board.
Motion by-Council Member Gardner, seconded by Council-Member Webb to
adopt Resolution No. 2010 -16, amending Resolution No. 2009.91 regarding the
Membership and Purpose & Responsibilities of the Charter, Update Commission,
and updating the areas of possible update to the Charter.
The motion carried by the following roll call vote-
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Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
City Clerk Brown read the ballot votes for the Charter Update Commission as
follows:
Marian Bergeson ( Rosansky, Webb, Daigle, Selich, Gardner, Henn, Mayor Curry)
Philip Bettencourt (Henn)
Rush Hill ( Rosansky, Webb, Daigle, Selich, Gardner, Henn, Mayor Curry)
H. Warren Knight (Gardner)
Hugh Logan ( Rosansky, Selich, Gardner)
Richard Luehrs (Henn, Daigle, Mayor Curry)
Dennis O'Neil ( Rosansky, Webb, Daigle, Selich, Gardner, Henn, Mayor Curry)
Karen Rhyne ( Rosansky, Webb, Daigle, Selich, Mayor Curry)
Tully Seymour (Webb, Gardner)
Larry Tucker ( Rosansky, Webb, Daigle, Selich, Henn, Mayor Curry)
Paul Watkins ( Rosansky, Webb, Daigle, Selich, Gardner, Henn, Mayor Curry)
City Clerk Brown read the ballot votes for the second vote as follows:
Hugh Logan ( Rosansky, Selich, Gardner)
Richard Luehrs (Webb, Daigle, Henn, Mayor Curry)
City Clerk Brown announced that Marian Bergeson, Rush Hill, Richard Luehrs,
Dennis O'Neil, Karen Rhyne, Larry Tucker, and Paul Watkins are appointed to the
Charter Update Commission.
Without objection, Mayor Curry selected Marion Bergeson as the Chair of the
Commission. He noted that the first meeting is scheduled for February 2.
26. PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF 608 E.
BALBOA BOULEVARD AND 209 WASHINGTON STREET [731100- 2010]. [38/C -4477
Mayor Pro Tom Henn commented that this is a strategic action on the part of the
City to immediately provide additional parking in the Balboa Village area and to
provide parking options for the future. He noted how the removal of impediments,
will allow for revitalization of that area.
Assistant City Manager Wood emphasized that the funds to purchase the
property will be coming from reserved parking funds, not the General Fund.
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Mayor Curry thanked Mayor Pro Tem Henn for his leadership on this project.
Motion by Council Member Iosansky, secondgd by Mayor Rro Tem Henn. to
a) approve and authorize the Mayor to sign the Purchase and Sale Agreement by
and between the City of Newport Beach and Levon Gugasian and Zarouhi Gugasian,
husband and wife, for the purchase by the City of 608 E. Balboa Boulevard and 209
Washington Street; and'b) approve a Budget Amendment (10BA -028) transferring
funds as follows: 1) $1,294,268 from the Neighborhood Enhancement B Reserve
Account (010 -3769) to 7024- C3002008, 2) $138,897 from the Off - Street Parking
Reserve Account (010 -3766) to 7022- C3002008, and 3) $671,335 from the In -Lieu
Parking Reserve Account (010 -3767) to 7021- C3002008.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
XVII. MOTION FOR RECONSIDERATION -None
XVIII. ADJOURNMENT -Adjourned the meeting at 8:02 p.m, in memory of Amelia Seton
and Herb Lee.
The agenda for the Regular Meeting was posted on January 20, 2010 at 4:20 p.m on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
Ill uL1 1, 11""II
Mayor
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