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HomeMy WebLinkAboutMinutes - November 4, 1996 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 4, 1996 - 7:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time in tl a Civic Auditorium. Mayor Alexander called the meeting to order and led in the flag salute. Call to Order INVOCATION was given by Reverend Leroy of the Assembly of God Church. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: MADRID, HARDISON, NARANJO, BEEBE, ALEXANDER ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Deitsch, City Administrator Garcia, Finance Director Craig, Chief of Police Broderick, Captain Pihlak, Police Records Supervisor Putrino, Community Development Director Bruckner, Utilities Director Hsu, Director of Community Services Guarrera, Superintendent of Public Works Pedroza, City Librarian Maghsoudi, Senior Planner Watrous, Interim Redevelopment Director Steel, Senior Programmer Analyst 'Weilbach, City Clerk Solis, Deputy City Clerk Toscano. CEREMONIAL Ceremonial None. None PUBLIC PARTICIPATION Public Part. Dr. Martin Gallegos, State Assemblyman for the 57th District addressed Council and M. Gallegos audience regarding the Electric Utility Restructuring, the return of control of Azusa State Avenue to the City of Azusa, the COP'S Program and the funds that will eventually be Assemblyman distributed to the City and other issues that have or may directly effect the City of Azusa comments and thanked Council and audience for its support. The Mayor recognized Mayor of La Puente, Ed Chavez; Nancy Moore and Clifford Rec. Chavez, Shuster of the Azusa Unified School District, and Rosemary Garcia, School Board Moore, Shuster member, who were also in attendance at the meeting. Utilities Director Hsu addressed Council expressing his appreciation to State Dir of Utilities Assemblyman Martin Gallegos on behalf of the City of Azusa, for his response and comments personal attention to the City's needs. ' Moved by Mayor Alexander, seconded by Councilmember Naranjo and carried by roll Item M-3 brt call that agenda item M-3, Public Hearing regarding appeal of CUP and PPD, Tenet fwrd Healthsystem/Research Treatment Institute (RTI), be brought forward for handling at this Pub Hrg RTI time. Councilmember Madrid dissenting. PUBLIC HEARING - on an appeal of Conditional Use Permit No. C-96-1 and Precise Pub Hrg Plan of Design No. P-96-30, Tenet Healthsystem/Research Treatment Institute (RTI), RTI 125 West Sierra Madre Avenue, Azusa. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of Hrg open publication of notice of said hearing published in the Azusa Herald on October 17, 1996. City Attorney advised that in speaking with Councilmember Madrid, she advised that City Attorney her place of residence is a little more than 300 feet from the property in question, and advised that the decision could impact the value of her property by $10,000 or more and requested that she abstain from the proceedings due to a conflict of interest, but reserves the right to testify as a property owner. Councilmember Madrid left the Council table at 7:53 P.M., and abstained from the Madrid abstained public hearing for Tenet Healthsystem/Research Treatment Institute (RTI), due to a poss conflict conflict of interest. Community Development Director Bruckner addressed the Hearing stating that this is an Com Dev Dir appeal by RTI, of the Planning Commission decision to deny a Conditional Use Permit comments and Precise Plan of Design, for the operation of a home for emotionally disturbed children at the site of the former Glenbrook Hospital located at 125 West Sierra Madre Avenue. He stated that RTI specializes in the treatment of male adolescents from ages 7 to 17, most who have been exposed to drugs and/or alcohol from before birth, resulting in serious neurological and social disorders. He explained that RTI currently is located at Charter Oak Hospital and houses 24 children and proposed to transfer to Azusa and increase to 54 children. He advised that testimony received at the Planning Commission Hearing was included in the staff report, which includes input from the Police Department of impact on services to which RTI responded that they would pay an impact 'fee. RTI has filed a notice to the AUSD of an intent to operate a non-public school, which would force the school district to provide certain resources; meetings have taken place between RTI and AUSD with no finalized agreement on the issue. He stated that surrounding residents feel that (lie proposed facility would result in children periodically leaving the site and going into the adjacent neighborhood, and that the presence of emotionally disturbed children in the area would diminish the peace and comfort of the residents and this area would also become less desirable as a residential community. He advised that the Planning Commission could only make one finding that the property's land use, General Commercial, was consistent within the Land Use Element of the General Plan, but that the proposed use would adversely affect'the peace and comfort of nearby residents, be detrimental to surrounding property values and would jeopardize the public safety and general welfare. He stated that in reviewing the appeal by RTI, it revealed that a number of issues were raised that were not heard by the Planning Commission and he advised that the matter should be sent back to Planning Commission for further review. City Clerk Soils read into the record a letter from Robin Valentine in opposition to the City Clerk read placement of RTI at the old Glenbrook facility. ltr into record Mr. Art Morales addressed Council expressing his opposition to RTI locating to 125 A. Morales 'West Sierra Madre Avenue, Azusa. comments Ms. Mary Ellen Garcia, of Relax Masters, addressed the Hearing staling that they have M. Garcia given an offer to the seller of the property represented by Ramsey -Schilling Real Estate comments Group, and advised that the intent usage of the property would be for a skilled nursing facility and hospice for priests who need medical attention. She stated that Dr. Robinson V. Baron, a surgeon and his wife, have been asked by the archdiocese of the Catholic church to head the project. She submitted a letter detailing the offer for the record. 11/04/96 PAGE TWO Mr. Thomas Ray addressed the issue voicing his opposition to RTI relocating to the old T. Ray Glenbrook site. comments Dr. Chuck Leeb, of Research Treatment Institute, addressed the Hearing requesting a C. Leeb copy of written findings of the hearing, stating that there was an error in the letter from RTI Mr. Shuster, which states a final agreement was reached with the School District and it comments wasn't, due to the lack of exhibit A, and lastly, the proposed facility meets all the requirements of the law. 1 Mr. Clifford Shuster, Counselor of Azusa Unified School District, addressed the Hearing C. Shuster stating that RTI and the School District have reached an agreement that each would comments mitigate any damages, it has not been signed, stated that the school district would like the opportunity to complete the agreement. Mr. Gil Trujillo addressed the hearing voicing his opposition to RTI relocating at the G. Trujillo proposed site and requested that the appeal be denied. comments Moved by Mayor Alexander, seconded by Councilmember Hardison and carried by roll Referred back call that the item be referred back to the Planning Commission for further review; that to Planning public notices be sent to property owners in surrounding area, and that the item be Commission continued to the December 16, 1996 meeting. Councilmember Madrid returned to the Council table at 8:25 P.M. Madrid rind PUBLIC PARTICIPATION - (Continued) Pub Part cont Ms. Toni Fairsh, Manager of Mission Chrysler Jeep, addressed Council voicing her T. Fairsh opposition to the lawsuit against Mission Chrysler -Plymouth Inc. comments 'Mr. Art Morales addressed Council expressing his opinion regarding Mission Chrysler A. Morales issue and State Assemblyman Martin Gallegos, he also encouraged all to vote. comments Ms. Maxine Bermudez addressed Council presenting a petition signed by senior citizens, M. Bermudez of 200 East Gladstone Street, requesting that cable rates be lowered for seniors. She comments requested that the basic rate be $9.05 and that the age of 55 and over be considered senior citizens. She stated that cable TV considered age 62 and up. City Administrator Garcia responded stating that he would meet with the senior citizens City Admin at 200 East Gladstone Street and report back at the November 18th meeting with response possibilities regarding cable rates. Ms. Deborah Hafner addressed Council expressing her opposition to the lawsuit against D. Hafner Mission Chrysler -Plymouth Inc. comments Ms. Lucy Shelton addressed Council expressing her opposition to Circus Vargas and L. Shelton their treatment of animals. comments L '1' '�• sll :►111 'IU 1 J� � '- � Community Services Director Guarrera addressed Council stating that there has been an Com Svs Dir increase in haunted house revenues for this year and also announced that the Tree comments Lighting Ceremony is set for December 2, 1996. Mayor Alexander announced that he will be conducting Evening's with the Mayor, to Alexander meet with public and discuss any items of concern. He noted that Jack Kemp spoke at comments Azusa Pacific University; encouraged all to vote, stated that he supports proposition 218, advised that he is on a diet, thanked all for concern, announced that he will be a candidate for Mayor, and lastly recognized Dion Santos in the audience. 11/04/96 PAGE THREE 1 Councilmember Hardison encouraged all to vote, and acknowledged Peggy Martinez, Hardison Jaime Huerta, and Curtis McPhere, for the creation and success of Blast to the Past. comments Councilmember Madrid acknowledged all participants of Blast to the Past, Red Ribbon Madrid Week, and Make a Difference Day in the City, especially, Diane Offen, David Amador comments and the Esquivels for the food. Councilmember Beebe thanked Peggy Martinez and all involved in Blast to the Past and provided an update on the Rose Float fundraising events as follows: November 9, 8am to 5pm, place dried Flowers on float at 1729 Buena Vista in Duarte, call (818) 812-5199 for more info, November 7, Bingo 7pm to lOpm, November 9, Night of Opportunity 6pm Monrovia Nursery, call Chamber of Commerce for more info, and tickets for a chance to go to Rose Bowl Game, will be selling for $'1.00. She also advised that November 12 through December 6th is nomination period for March election for the positions of one Mayor and two Councilmembers. There is also a position for one City Clerk and one City Treasurer. Finance Director Craig addressed Council detailing the lease/leaseback transaction between the City and LaSalle Bank, which will finance the General Fund share of construction of the new Azusa Public Safety Center. He stated that the City has passed credit approval and the City will lease to LaSalle the property for $10.00, in turn LaSalle will deposit the money, 4.7 million dollars, into First Trust Bank, and all the interest earned on the money during the construction period will be credited to the City. For the next fifteen years the City will make semi-annual lease payments to LaSalle at rate of 6.2% interest and at the end, the bank's interest in the property will be completed and the City will retain title during the entire lease period; the bank will only maintain a lease holder interest. He stated that a number of documents have been prepared and recommended that Mayor and staff be authorized to execute. He anticipates closure to be for mid month and construction bids to go before Council after the first of the year. Beebe comments Scheduled Item Dir of Finance Lease/Leaseback LaSalle Bank for construction of Azusa Public Safety Center Discussion was held between Councilmembers and staff regarding contact with local Discussion banks, and source of pay back, which is general find money released from utility tax and assessment district. Mayor Alexander offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA (THE Res. 96-C171 "GOVERNING BODY") AUTHORIZING THE EXECUTION AND DELIVERY OF Auth.. execution A PROPERTY LEASE/PURCHASE AGREEMENT, AND RELATED Lease/Purchase INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION Agmt THEREWITH Moved by Mayor Alexander, seconded by Councilmember Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Moved by Mayor Alexander, seconded by Councilmember Naranjo and unanimously Approval of carried by roll call to direct the appropriate City representatives to execute documents documents re: including but not limited to the following with LaSalle: Site Lease, Prop. Lease/Purchase Lease/Leaseback Agmt., Essential Use Letter, Incumbency Certificate, Form of Lessee's Counsel Opinion, w/LaSalle Tax Compliance Agmt. and No Arbitrage Certificate, IRS Form 8038-0, Escrow Agmt., Assignment of Construction Contract, Contractor's Acknowledgment & Consent, Assignment of Architect's Contract, and Architect's Acknowledgment & Consent. 11/04/96 PAGE FOUR CONTINUED PUBLIC HEARING - to adopt a Resolution approving Appropriation Cont Pub Hrg Amendments for fiscal year 1996-97. App amend Finance Director Craig addressed the Hearing stating that the Azusa Municipal Code requires that a Public Hearing be held when a transfer of money in the amount of one million dollars or more occurs in the budget during the fiscal year. He noted that in the proposed resolution the budgeting of the Azusa Safety Center consists of capitalized leased financed funds from LaSalle in the amount of $4,725,000 and establishment of the project in the amount of $5,634,950, with a contribution from the Light Fund in the amount of $999,900, which establishes the project. He stated that there is also a $300,000 F.E.M.A. grant to complete the repair of the Library building, the Foothill Boulevard Water main project in cooperation with the County of Los Angeles, in the amount of $160,000, and other miscellaneous budget transfers, for a total budget transfer of $6,371,697. Discussion was held between Councilmembers and staff regarding funds earmarked for one item, but utilized for another, grants and seizures funds, transferring funds from one fund to another for emergencies and the repercussion to the funds. Additional discussion was held regarding money for Library repair and the funds used to repair the street sweeper with other suggestions for funding as well as repairs needed in other areas such as streets in general. Finance Director Craig stated during the mid -year review, Council will be provided a plan to replenish the $25,000, budget transfer for street sweeper. Dir of Fin comments Discussion Mr. Art Morales addressed the Hearing expressing his opinion regarding the streets of A. Morales Azusa and suggested improvements to them. comments Moved by Councilmember Beebe, seconded by Mayor Alexander and unanimously Hrg clsd carried by roll call to close the Hearing. ICouncilmember Naranjo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING Res. 96-C 172 APPROPRIATION AMENDMENTS FOR FISCAL YEAR 1996-97 PURSUANT TO Approving SECTION 2-450 OF THE AZUSA MUNICIPAL CODE. Appropriation Amendments Moved by Councilmember Naranjo, seconded by Mayor Alexander to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The CONSENT CALENDAR consisting of Items I through 13 was approved by motion Consent Cal. of Councilmember Madrid, seconded by Councilmember Beebe and unanimously carried 1-12, G-7, 8, by roll call vote, with the exception of items G-7, G-8, G-10, and G-11 which were 10 & 11, Spec considered under the Special Call portion of the Agenda. Call 1. The Minutes of regular meeting of October 21, 1996, were approved as written. Min appvd 2. Bid opening was held in the Office of the City Clerk on October 28, 1996, for the Water Line Los Angeles County Department of Parks & Recreation Work Order, Foothill Improvements Boulevard 12 -inch Water Line Improvements. Three bids were received. The Foothill contract was awarded to Doty Bros. Equipment Co., low bidder. Doty Bros. 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 96-CI73 WAIVING FORMAL SEALED BIDDING AND AUTHORIZING THE PD Com. Consult ISSUANCE OF A PURCHASE ORDER FOR AN AMOUNT NOT TO EXCEED Svs $49,445 FOR POLICE COMMUNICATION CONSULTING SERVICES. The Warner Group 11/04/96 PAGE FIVE 4. Specifications for a Closed Circuit Security System for the Light and Water Specs Closed Building were approved and the City Clerk was authorized to advertise for bids. Circuit Sec Sys 5. The plans and specifications for the Water Main Replacement Projects at Banewell, Plans & specs Enid, Leaf Avenues, Newburgh, Orkeny Streets and Renwick Road, were approved Water Main and the City Clerk was authorized to advertise for bids. Replacement 6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 96-C174 AUTHORIZING APPLICATION FOR MEMBERSHIP IN FINANCING FareCal AUTHORITY FOR RESOURCE EFFICIENCY OF CALIFORNIA AND COMMITMENT TO ABIDE BY THE PROVISIONS OF TILE JOINT POWERS AGREEMENT. 7. SPECIAL CALL ITEM. Spec Call 8. SPECIAL CALL ITEM. Spec Call 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 96-C175 ACCEPTING A CERTAIN GRANT OF EASEMENT AND DIRECTING THE Accepting Grant RECORDING THEREOF. of Easement 10. SPECIAL CALL ITEM. Spec Call 11. SPECIAL CALL ITEM. Spec Call 12. Resolution authorizing payment of warrants by the City was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 96-C176 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE Warrants FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. 13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 96-C177 APPOINTING LYNN HULSEBOS TO THE ARCHITECTURAL BARRIERS L. Hulsebos COMMISSION. ABC SPECIAL CALL ITEMS Spec Call Items Councilmember Beebe addressed item relating to City Library as entrepreneurial model. Beebe re: She posed many questions and concerns regarding the construction of a small Victorian- Library Cafe style lounge and a small adjacent European -style sidewalk cafe at the Library. Her questions included the comparison with other types of events the City currently provides, competition with other businesses within the City, the cost, health issues, and staffing. City Librarian Maghsoudi responded to questions stating that the concept of a Library City Librarian as a retail outlet has been successful in many Libraries, she provided statistics and many response issues that were considered when creating the concept. Discussion was held. Moved by Mayor Alexander, seconded by Councilmember Madrid and unanimously Concept approved carried by roll call to approve the idea of the Library as a retail outlet in concept only, (Only) and staff will come back with options. Councilmember Beebe addressed item relating to surplus tree wood. She announced that Beebe, sale of the Public Works Department will be selling 1/z cord of wood for $65.00 and a full cord surplus wood as of wood for $120.00, currently a 1/z cord of wood usually retails for $135.00 and a full a fund raiser cord sells for $225.00; the money will go to the Azusa Rose Float, the projected date for Azusa Rose the fundraiser is November 23rd at loam. Float Moved by Councilmember Beebe, seconded by Mayor Alexander and unanimously Sale of surplus carried by roll call to declare the tree wood stock pile surplus, with a value of less than wood approved $500.00 and staff was authorized to coordinate an event to sell firewood at the aforementioned price and donate proceeds to Azusa Rose Float Fund Raiser Campaign. 11/04/96 PAGE SIX Councilmember Madrid addressed Human Resources Action Items and congratulated Congrats to City employees listed for Step Increases. It was then moved by Councilmember Madrid, Employees seconded by Councilmember Beebe and unanimously carried by roll call to approve Human Resources Action Items. 10. Human Resources Action Items were approved as follows: ' EMPLOYEE STEP INCREASE/REGULAR RECOMMENDATIONS: NAM STAT M. Torres, St. Maint Wkr III Step 5 R. Field, Wtr Util Opr I/II Step 4 G. Gaytan, Wtr Util Crw Supv Step 5 H. Vuong, Elect Engr Aide Step 2 'j1u 1 1► APPOINTMENT 10/04/96 10/04/96 09/19/96 10/01/96 Human Res Action Items Councilmember Beebe requested additional clarification relating to change orders for Beebe, change project at the Transit Facility, specifically, numbers 2, 3, & 4. orders Transit Site Director of Community Services Guarrera responded detailing the changes. Com Svs Dir Moved by Councilmember Madrid, seconded by Councilmember Naranjo and carried Change orders by roll call to approve the five change orders at a combined cost of $6,874.20, and approved authorize payment of same. Councilmember Beebe dissenting. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Cncl recess/CRA CONVENED AT 10:12 P.M. convened THE CITY COUNCIL RECONVENED AT 10:14 P.M. Cncl reconvened THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL IDA No Bus DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. THE CITY COUNCIL DID NOT CONVENE AS THE AZUSA PUBLIC APFA No Bus FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. Ord/Spec Resos Mayor Alexander offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord. 96-09 AMENDING THE CITY ZONING MAP TO REFLECT THE RECLASSIFICATION Zone Change OF PROPERTY LOCATED AT 455 WEST SIERRA MADRE AVENUE FROM W 455 W. Sierra TO R3a AND CERTIFYING THE NEGATIVE DECLARATION FOR SAID Madre Ave. PROJECT. 11/04/96 PAGE SEVEN Moved by Mayor Alexander, seconded by Councilmember Hardison to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, BEEBE, ALEXANDER NOES: COUNCILMEMBERS: MADRID ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NARANJO Mayor Alexander offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord. 96-010 AMENDING THE CITY ZONING MAP TO REFLECT THE RECLASSIFICATION Zone Change OF PROPERTY LOCATED AT 1755 NORTH SAN GABRIEL CANYON ROAD 1755 North FROM C3 TO Ria AND CERTIFYING THE NEGATIVE DECLARATION FOR San Gabriel SAID PROJECT. Canyon Rd Moved by Mayor Alexander, seconded by Councilmember Hardison to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, BEEBE, ALEXANDER NOES: COUNCILMEMBERS: MADRID ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NARANJO Mayor Alexander offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 86 OF THE AZUSA MUNICIPAL CODE TO ADOPT THE 'REVISED ZONING CODE (CHAPTER 88) Moved by Mayor Alexander, seconded by Councilmember Beebe to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE All scheduled items were handled at the beginning of the Agenda. Ord. 96-011 Amend Chapter 86 AMC to adopt revised Zoning Code (Chapter 88) Scheduled Items begin of mtg Oth/Bus Cncl None. THE REDEVELOPMENT AGENCY AND CITY COUNCIL CONVENED Cncl/CRA convene JOINTLY TO RECESS TO CLOSED SESSION. jointly Moved by Mayor/Chairman Alexander, seconded by Councilmember/Director Naranjo Closed Session and unanimously carried by roll call to recess to Closed Session to discuss the following: Pending Litigation (Gov. Code Sec. 54956.9 (a), as follows: City of Azusa; Azusa Redevelopment Agency v. Mission Chrysler Plymouth, Inc., et al., Orange County Superior Court Case No. 764504. Cason v. City of Azusa, United States District Court, Central District of California, Case NCV5-8361-ABC (JGX) Glass v. City of Azusa, Superior Court, State of California, County of Los Angeles, East District. Case HKCO22939. 11/04/96 PAGE EIGHT Conference with Labor Negotiator (Gov. Code. Sec. 54957.6), Closed Session Agency Negotiator: City Administrator cont. Employee Organization: APOA TIME OF RECESS: 10:18 P.M. Recess THE CITY COUNCIL RECONVENED AT: 11:30 P.M. Reconvened City Attorney Deitsch advised that there was no reportable action taken in Closed City Attorney Session. advised Moved by Councilmember/Director Hardison, seconded by Mayor/Chairman Alexander Adjourn and unanimously carried by roll call to adjourn. TIME OF ADJOURNMENT: 11:31 P.M. NEXT RESOLUTION NO. 96-C178. NEXT ORDINANCE NO. 96-012. 11/04/96 PAGE NINE