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HomeMy WebLinkAboutOCTOBER 15,1996 38:0306 01/0 -'. () II) '\ r,; - -,~ I CITY COUNCIL PROCEEDINGS ARE AUDIO AND VIDEO TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING OCTOBER IS, 1996 The City Council and the Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, October IS, 1996, at 7:00 p.m. in the Arcadia City Hall Council Chambers. INVOCATION Rev. Joseph Kosevic, Serbian Eastern Orthodox Church of Christ the Saviour PLEDGE OF ALLEGIANCE Tyler Randville, member of Boy Scout Troop No. 103, Highland Oaks ROLL CALL I 1. UNITED NATIONS DAY (Oct. 24, 1996) ARCADIA FESTIVAL OF BANDS (Jim Burrows) MA1NTENANCE SERVICES DEPT, - OVERVIEW I PRESENT: Council members Chang, Kovacic, Young, and Kuhn ABSENT: Mayor Pro tern Harbicht It was MOVED by Councilmember Kovacic, seconded by Councilmember Young and CARRIED on roll call vote as follows to EXCUSE the absence of Mayor Pro tern Harbicht. AYES: NOES: ABSENT: Councilmembers Chang, Kovacic, Young, and Kuhn None Councilmember Harbicht PRESENTATIONS Mayor Kuhn presented a proclamation to Natalie Novom, declaring October 24, 19%, as United Nations Day. The United Nations was established on October 24, 1945. Jim Burrows, Chairman of the Arcadia Festival of Bands, presented information on the Arcadia schools' music program and the 43rd Annual Arcadia Invitational Band Review to be held on November 23 in which 48 bands will participate. He thanked the City for its support in keeping the Festival of Bands event going. Jim and Margaret Burrows accepted the Mayor's Proclamation on behalf ofthe Arcadia Festival of Bands. Patrick Malloy, the Maintenance Services Director, presented a slide presentation which gave an overview of the Maintenance Services Department's responsibilities. The Department is comprised of 60 employees, operating from the Service Center located on Goldring Road. Council member Kovacic commented that it might be a good idea, for public information purposes, to periodically have every department make such a presentation. Mayor Kuhn stated that that idea will be presented later in the meeting. 1 10/15/96 I 2. ORD. & RES. READ BY TITLE ONLY 3. 4. I I 38:0307 SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None. It was MOVED by Councilmember Chang, seconded by Councilmember Young, and CARRIED on roll call vote as follows that ordinances and resolutions be read by title only and that the reading in full be WAIVED. AYES: NOES: ABSENT: Councilmembers Chang, Kovacic, Young, and Kuhn None Councilmember Harbicht QUESTIONS FROM CITY COUNCIUREDEVELOPMENT AGENCY REGARDING AGENDA ITEMS None. AUOlliNCEPARTICWATION Gino Roncelli, 1250 Ramona Road, spoke in part to encourage residents to vote "Yes" on Proposition M so that they may have the right to vote on what is to be developed on the Santa Anita Race Track property. He expressed concern over the increase in traffic into the City which would be brought about by new development, and concern that the General Plan approved by Council will give carte blanche to developers. He questioned the City's priorities with regard to expenditures, saying that with the kinds of decisions Council has been making, the citizens need to step in and vote on such a big issue as development at the Race Track. Drew Krvnicki, 321 Le Roy Avenue, in part, complimented Mayor Kuhn on opening her office once a week to Arcadia citizens who wish to meet with her. He disputed the argument of endless elections should Measure M be passed by the voters, saying that the first time the land use at the Race Track property changes from horse racing to something else, the Measure ceases to be in effect. He noted that any special events already being held at the Race Track are not in jeopardy; they are already legally within the realm of what is acceptable on the property. Judv Morse, Executive Director of the California Arboretum Foundation, stated, in part, that the Garden Show at the Arboretum takes place on October 23 through 27. She expressed appreciation to the City for its support, and to Santa Anita for providing free shuttle service to the Arboretum. There may be as many as 40,000 visitors to the Arboretum for the five-day show. She presented a framed Garden Show poster to each Council member. Paula Klein, 30 I San Luis Rey Road, stated, in part, her hopes that the Council will approve placement of a plaque on the comer of Huntington Drive and Santa Clara Street in memory of Russell Simon, the Arcadia boy who lost his life there on August 26 after being hit by a truck. Steve Klein, 30 I San Luis Rey Road, read from a letter written by a former Arcadia resident, who asked that Council approve placement of a Russell Simon memorial plaque at the site of the accident. 2 10/15/96 I 5. I CHANG (Arc. Public Library Fdtn. donations) (Monthly citizens mtg.) YOUNG (Meth. Hosp. Annual Ball) (peacocks) I (Quarterly budget report) 38:0308 NancY Gallowav, 231 San Antonio Road, read a letter from a former Arcadia resident who asked that Council approve placement of a Russell Simon memorial plaque. Keith Cooner. Government Affairs Manager for TCI Cablevision, 15255 Salt Lake Avenue, City of Industry, stated in part his request that Council delay, until the next Council meeting, consideration of Ordinance No. 2057, which deals with right-<lf-way encroachments. Lonell Snencer, 1008 South Mayflower Avenue, stated in part his concern over the award of the contract, which is on the agenda tonight, for remodel of City Hall offices. He noted the timing of such an expenditure, which came after budget cost-cutting in June. Considering the budget shortfall, this is not the time for the project. Marl!Uerite Snencer. 1008 South Mayflower Avenue, stated in part her thoughts on the number of members of the Planning Commission, and that having six members does not work. She commented on the financial condition of the ARA. Mrs. Spencer referred to a suggestion to limit restaurant and retail development in a five-mile radius from the downtown area. She noted that shortly after the Downtown 2000 project began, Santa Anita Realty presented its plan for an entertainment center at the Race Track, which is only one mile from the downtown area. Mrs. Spencer also spoke of increases in fees and cutbacks in services, and questioned if remodeling of the Mayor's office shonld be done at this time. MATfERS FROM ELECTED OFFICIALS Councilmember Chang stated that remodeling and expansion of the Arcadia Public Library is nearly complete, and there will be a dedication ceremony on November 18. He noted that $1,200,000 is necessary for furniture, equipment, and computers. The . Arcadia Public Library Foundation has received $500,000 in pledges and donations. Through his efforts, Councilmember Chang has collected several contributions to the fund, and he presented his check and checks from other contributors. Councilmember Chang announced that his monthly citizens meeting will be held on October 22 at the Glendale Federal Bank on First Avenue. He invited those who are either for or against Measure M to come and speak. He commented, in part, that although three Councilmembers have signed against the measure, the Council has not taken formal action for or against the measure. Councilmember Chang believes that the citizens should be able to vote on whether or not they want to be part of the decision process with regard to land use at the Santa Anita Race Track. Councilmember Young announced that the Methodist Hospital Annual Ball netted $122,000, which is the most they have ever achieved. Councilmember Young received a call regarding peacocks. She noted that if a resident catches a peacock, the Pasadena Humane Society will relocate it. With reference to citizens' interest in the City's budget, Councilmember Young suggested a capsulated report to show fund balances at June 30 and a notation of the balances at September 30, with any expenditures or transfers-a one-sheet quarterly review. Mayor Kuhn and Council member Kovacic concurred. 3 10/15/96 I KOVACIC (Congrat. to Combr. Chang) (Residents ' concerns) (Street lighting requests) KUHN (Departmental presentations) (Remodel of Mayor's office) I (League of Calif. Cities) (Homeowners brunch) (COG Legislative Reception) 6. ROLL CALL I 38:0309 Councilmember Kovacic congratulated Councilmember Chang on his fund-raising efforts. Councilmember Kovacic noted that at a recent homeowners association luncheon, residents asked where they could get information on what is happening in the City and how they can make their sentiments known. Councilmember Kovacic stated that residents may contact him, or any Councilmember, by letter or phone, or appear at the Council meetings which are held twice a month to make their opinions known. Council member Kovacic reported that he was contacted by residents in the Gardens Area of the City who were concerned about the poor street lighting in that area. The City Manager stated that he can explain the process offorming a lighting district; however, after the November 5 election, Proposition 218 may change that process. Councilmember Chang suggested a notice be placed in the City Newsletter explaining the process to obtain such lighting. Mayor Kuhn stated that she has asked that a different department be highlighted in a presentation at a Council meeting once a month or whenever the agenda would allow, for the purpose of educating both the Council and the public. Mayor Kuhn commented on the award of the contract for remodeling City Hall offices. Included in the bid is construction ofa hallway between the City Manager's office and the executive conference room, and replacement of faded and worn carpets and wallcoverings. The Mayor's office is a symbol of the City, and is representative of the citizens of Arcadia. There is no budget for furnishings, but Mayor Kuhn proposes to collect items of historical significance from each City department and display them in the Mayor's office for everyone to enjoy. Mayor Kuhn asked for contributions from anyone in the City who has anything they wish to share. The McCaslin family has given a writing desk to the City which belonged to Anita Baldwin, daughter of Elias 1. "Lucky" Baldwin, to be displayed in the Mayor's office. Mayor Kuhn's goal is to make the Mayor's office rich in Arcadia tradition, heritage, and history. Mayor Kuhn has been attending the League of California Cities Conference for the past three days as a representative of the City. Mayor Kuhn stated that the Upper Rancho homeowners brunch was wonderful. Last Friday, Mayor Kuhn attended a Council of Governments legislative reception, where Speaker of the House Pro tern Aguilar, State Senator Mountjoy, and State Assemblyman Margett and other regional elected officials were present. CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Agency Members Chang, Kovacic, Young and Kuhn Agency Member Harbicht It was MOVED by Agency Member Young, seconded by Agency Member Chang, and CARRIED to EXCUSE the absence of Agency Member Harbicht. 4 10/15/96 I 6a. MINUTE APPROVAL (Oct. I, 1996) (APPROVED) 6b. PURCHASE OF PARKING LOT (119-121 E. Alia) (APPROVED) C,61fo ,t). I 38:0310 On MOTION by Agency Member Young, seconded by Agency Member Kovacic and CARRIED on roll call vote as follows, the minutes of the October I, 1996, regular meeting were APPROVED. AYES: NOES: ABSENT: Agency Members Chang, Kovacic, Young, and Kuhn None Harbicht Consideration of an appropriation of funds for the acquisition of property located at 119-121 East AIta Street for a parking lot. Home Savings and Loan has offered for sale to the Redevelopment Agency the 16,000-square-foot parking lot, which is surplus to the bank's needs. Staff has had the lot appraised by an independent appraiser, and the price is below the appraised value. The lot can be used for short-term parking in the down- town area. It can also be used for affordable low- and moderate-income housing in the futnre; and at that time housing set-aside money can be used to pay for the property. It was MOVED by Agency Member Chang, seconded by Agency Member Young, and CARRIED on roll call vote as follows that the Arcadia Redevelopment Agency APPROPRIATE $205,000 for the purchase of property at 119-121 East AIta Street from Home Savings and Loan and AUTHORIZE the Executive Director to execute all documents relative to the acquisition thereof, subject to approval of the Agency Attorney as to form. AYES: NOES: ABSENT: Agency Members Chang, Kovacic, Young, and Kuhn None Agency Member Harbicht 6c. DESIGN REVIEW Consideration of request to approve design review for the interior and exterior remodel (29 E. Htg. Dr.) of the existing structure at 29 East Huntington Drive, formerly the Steerburger (APPROVED) Restaurant. The applicants, Dr. and Mrs. Lee, propose an addition of a second story to 06 <fa. 'I" the rear ofthe building and extending the rear of the building about nine feet to the north. The building will be divided into 900 square feet of retail space on Huntington Drive and 3,792 square feet of dental office space. In addition, the north, south and east facades of the building will be rehabilitated with substantial improvements. The Lees have applied for assistance through the Agency's Commercial Facade Rehabilitation Program. I ADJOURN- MENT Staff answered questions from the Agency. It was MOVED by Agency Member Kovacic, seconded by Agency Member Young, and CARRIED on roll call vote as follows that the Arcadia Redevelopment Agency APPROVE the design review for the property at 29 East Huntington Drive, subject to the departmental conditions set forth in the staff report. AYES: NOES: ABSENT: Agency Members Chang, Kovacic, Young, and Kuhn None Agency Member Harbicht The meeting of the Redevelopment Agency ADJOURNED to 6:00 p.m. on November 5, 1996. 5 10/15/96 I 7. 7a. MINUTE APPROVAL (Oct. I, 1996) (APPROVED) Th. 38:0311 CITY COUNCIL RECONVENED CONSENT ITEMS APPROVED minutes of the October I, 1996, regular meeting. Considered separately. See below. 0/,.' 7c. O.? ~-.; - (J (I MONETARY ACCEPTED monetary gift in the amount of $23,988.96 from the Arcadia Public Library GIFT FROM Foundation and AUTHORIZED the purchase of a self check-<lut machine from 3M. LillR. FOTN. - SELF CK.-OUT MACHINE (ACCEPTED) 7d. 7e. I 7f. RESOLUTION NO. 5956 (ADOPTED) c}1,.e() J f) Th. CONTRACT AWARD (Remodel of City Hall offices) 07:<() , '(I) I Considered separately. See page 7. Considered separately. See page 8. ADOPTED Resolution No. 5956: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, NOMINATING ARCADIA MAYOR PRO TEM ROBERT C. HARBICHT TO REPRESENT CITIES WITH PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN VALLEY WATER QUALITY AUTHORITY." THE ABOVE CONSENT ITEMS 7a, 7c, AND 7f WERE APPROVED ON MOTION BY COUNCILMEMBER CHANG, SECONDED BY COUNCILMEMBER KOVACIC AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Council members Chang, Kovacic, Young, and Kuhn None Councilmember Harbicht Consideration of award of contract to Builders Plus Construction Company in the amount of $16,997 for the remodel of City Hall offices. The project will involve the construction of a hallway between the City Manager's office and the Executive Conference Room. The work will include the removal of existing wall coverings, preparation for painting, new carpeting, installation of glass wall panels and an entry door to the Mayor's office. $20,000 is available in the 1996-97 Capital Budget to cover the cost of this work. Councilmember Chang reiterated his objection to the proposed remodeling. The original intent of the work was for the convenience of passage from the City Manager's office to the Executive Conference Room, not for the remodeling of the Mayor's office. Councilmember Chang believes that the Mayor's office looks good the way it is. Most ofthe time the Mayor's office is not being used; and when it is, the outside hallway can be used for passage to the conference room. The conference room is a temporary 6 10f15/96 I I 7d. RENEW CONTRACT (Pasa. Humane Society - III1/9fK>/30/97) 0</10. l' I 38:0312 setting, and Councilmember Chang does not approve of expending the funds for creating a temporary hallway. Councilmember Young stated that, having been Mayor, she knows it is embarrassing for those who want to walk through to the conference room and find the Mayor's office is being used. The conference room has been many different offices when access was really needed. It may be an office again; so the fact that it is a conference room is beside the point. Councilmember Young believes the plans for the Mayor's office are exciting, and it would be advantageous to have a wall so that items can be locked up when no one is there. Councilmember Chang suggested that closing the door to the Mayor's office would indicate that it is being used and would avoid embarrassment. Unless it were used all of the time, he would not spend $17,000 to create a hallway. Councilmember Young responded that the Mayor's office is used quite often, depending on what is going on in the City. It was MOVED by Councilmember Young, seconded by CounciImember Kovacic, and CARRIED on roll call vote as follows to AWARD a contract in the amount of $16,997 to Builders Plus Construction Company for the remodel of City Hall offices; AUTHORIZE a 10% contingency in the amount of $1,697; and AUTHORIZE the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. AYES: NOES: ABSENT: Councilmembers Kovacic, Young, and Kuhn Councilmember Chang Council member Harbicht Consideration of request to renew contract with the Pasadena Humane Society (PHS) for animal control services from November I, 1996, through June 30, 1997. The current contract with PHS will expire on October 31, 1996. Councilmember Chang asked about a revision to the contract which would allow some PHS officers to carry weapons while they are performing their job in the City. The City Manager stated that, depending upon the situation, the humane officer may be armed or unarmed. The City Attorney added that, in his experience as prosecutor for the PHS officers, there has never been a situation where the officers have had to use their firearms with regard to any person they have dealt with. There are occasions where firearms have had to be used against violent animals. The Police Chief clarified that the reason such language was agreed upon is that there are a limited number of humane officers employed by PHS, and there are times when an unarmed officer may not be available to be sent to the City. When humane officers encounter problems in the field with Arcadia residents, the procedure is that they call for Arcadia Police officers to come out and assist. Councilmember Kovacic asked the Police Chief if he is satisfied with the language in the contract concerning the arming of humane officers. The Police Chief answered that it is the best that can be done right now; they are still working with it. It was MOVED by Councilmember Chang, seconded by Councilmember Kovacic, and CARRIED on roll call vote as follows to APPROVE the agreement with the Pasadena Humane Society for animal control services from November I, 1996, through June 30, 1997, and AUTHORIZE the City Manager to execute the agreement for animal care and control services pending approval as to form by the City Attorney. AYES: NOES: ABSENT: Council members Chang, Kovacic, Young, and Kuhn None Councilmembcr Harbicht 7 10/15/96 I 7e. CONTRACT AWARD (3/4-ton pickup truck for Div.) O"irtfJ. ..n M(')/.., 8. I 8a. RUSSELL SIMON MEMORIAL PLAQUE - HTG. DR. & SANTA CLARA (APPROVED) 011 Ii " 'I '5; " I 38:0313 Consideration of request to award contract to Gunderson Chevrolet in the amount of $22,701.09 for one 1997 3/4-ton pickup truck with utility body. Funds in the amount of $27,900 have been budgeted in the Water Fund in Fiscal Year 1996-97 for this acquisi- tion. In response to Councilmember Chang's question, the Maintenance Services Water Director explained the need for and use of the truck. It was MOVED by Councilmember Chang, seconded by Councilmember Young, and CARRIED on roll call vote as follows to AWARD a contract for the purchase of a 3/4- ton picknp truck with service body to Gunderson Chevrolet, Inc., in the amount of $22,701.09, and AUTHORIZE the City Manager to execute said contract in a form approved by the City Attorney. AYES: NOES: ABSENT: Councilmembers Chang, Kovacic, Young, and Kuhn None Councilmember Harbicht CITY MANAGER Consideration of a request to place a memorial plaque for Russell Simon on City property at the southeast corner of Huntington Drive and Santa Clara Street. Since this is a special request, there is no prior history of the City allowing such an activity. Council is being asked to approve the installation of the plaque in the public right-<lf- way, and determine whether or not to authorize the use of City forces to complete the work. On August 26, 1996, a tragic accident occurred at this corner which resulted in the death of Russell Simon, a 16-year-<lld Arcadia High School student. The entire community was saddened by what happened. On behalf of a neighborhood group, Panla Klein and Paul Barnes have asked for permission to place a permanent lO-inch-by-14- inch cast bronze plaque on the sidewalk at the intersection where the accident took place. The neighbors have agreed to pay for the cost of the plaque, and have asked the City to consider using City employees to install it. If City forces cannot be used, the group will request a contractor to do the work, consistent with City rules and procedures. Cost of installation by City forces is estimated to be $150 to $200. Council member Kovacic stated that this plaque is a tremendous testament, not only to Russell, but to the neighborhood in the Gardens Area and how they have come together. He is in favor of the idea and does not mind if the City does the installation work. Mayor Kuhn and Council members Young and Chang concurred. It was MOVED by Councilmember Young, seconded by Councilmember Kovacic, and CARRIED on roll call vote as follows to APPROVE the request to place a Russell Simon memorial plaque on City property at the southeast corner of Huntington Drive and Santa Clara Street, and to DIRECT staff to install the plaque as noted in the October 15, 1996 staff report. AYES: NOES: ABSENT: Councilmembers Chang, Kovacic, Young, and Kuhn None Councilmember Harbicht 8 10/15/96 I 8b. PROP. 218 (Report and discussion) I(J., ,J., . 9. I 9a. ORDINANCE NO. 2057 (INTRO- DUCTION CONTINUED TO 11/5/96) I 38:0314 Proposition 218 on the November 5 ballot is a State measure which, if passed, wonld require voter approval for local government taxes, and would impose limitations on fees, assessments, and charges. The City Manager stated that the initiative is proposed to modi/)' how cities may attempt to charge fees to pay for certain services. As an example, the City holds annual public hearings to review charges and assessments for the next year's operation and maintenance. Proposition 218 would require a two-thirds voter majority approval of any increase in such assessments. That conld mean that if there were an increased cost in electricity, and voters did not agree to such increased cost, the City might have to consider turning out street lights to balance the budget. The City Manager explained in detail the possible impacts of the measure. There could be a potential impact on many City services, and on fees such as water and sewer fees, utility tax, business license fees, and transient occupancy tax, which could not be adjusted without going through significant notifications, hearings, and overruling of any protests received. It is expected that, if Proposition 218 is passed, litigation will occur because of the inability of cities to understand how and what to implement. The measure will have significant impact on the way the City of Arcadia conducts its business in the future. Citizens should understand that if Proposition 218 is approved, it will be very expensive to explain to the populace exactly what is going on as they receive notices of meetings, hearings, and adjustments to fees and assessments. CITY ATTORNEY The City Attorney presented for introduction and read the title of Ordinance No. 2057: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 3 OF ARTICLE VII OF THE ARCADIA MUNICIPAL CODE RELATING TO RIGHT-OF-WAY ENCROACHMENTS AND . REPEALING SECTIONS 7250 THROUGH 7251 REGARDING MISCELLANEOUS WORK OR ENCROACHMENTS." The City Attorney explained that this is a "housekeeping" ordinance that deals with some substantive issues. The current provisions dealing with working in the public right -<If-way and encroachments are very minimal. In order to meet the challenges being posed by many technological changes, including the cable industry and telecommunications in general, staff is updating the current ordinance to put in place application of the ordinance in situations which will be arising in the near future. TCI Cablevision has requested a review of the ordinance in order to provide their input. The City Attorney stated that he would welcome their input and does not see any problem with continuing introduction of the ordinance until the next Council meeting. The fees to be set forth for encroachment work will be presented in a resolution to be presented to Council at a later date. Council discussed the matter and asked questions of staff. It was MOVED by Council member Kovacic, seconded by CounciImember Chang, and CARRIED on roll call vote as follows that introduction of Ordinance No. 2057 be CONTINUED to the November 5, 1996 City Council meeting. AYES: NOES: ABSENT: Councilmembers Chang, Kovacic, Young, and Kuhn None Councilmember Harbicht 9 10/15f96 I CLOSED SESSION CHANG (In Memory of Jean Chang) ADJOURN- MENT (Nov. 5, 1996 6:00 p.m.) I I 38:0315 The City Attorney announced that, "pursuant to Government Code Section 54956.9(a), a Closed Session is necessary to confer regarding the existing workers compensation case of Donald Alcorn versus the City of Arcadia." Councilmember Chang adjourned the meeting in memory of Jean Chang. "Tonight we are in the unfortunate situation of adjourning in memory of another Arcadia youngster we lost much too soon. Jean Chang was a seven-year-<lld student at Camino Grove Elementary School. She was recently killed by being hit by a car in the City of San Gabriel. Jean was a good student and was thought of as a bright and charming young lady by those who knew her well. Our thoughts and prayers go out to Jean's family." At 9:16 p.m. the City Council ENTERED the Closed Session, RECONVENED, and ADJOURNED the regular meeting at 9:25 p.m. to Tuesday, November 5, 1996, at 6:00 p.m. in the City Hall Council Chambers for a Regular Meeting to conduct the business of the City Council and the Arcadia Redevelopment Agency and any Closed Session necessary to discuss persounel, litigation matters and evaluation of evaluation of properties. c/ / ~ Mayor Pro Barbara D. Kuhn, Mayor of the City of Arcadia tempor,e ATfEST: All 10 10/15/96