HomeMy Public PortalAboutCity Council_Minutes_1989-09-05_Regular 1989CITY OF TEMPLE CITY
CITY COUNCIL
MINUTES
SEPTEMBER 5, 1989
INITIATION:
1. CALL TO ORDER:
Pursuant to Agenda posted on September 1, 1989, Mayor Froehle
called the meeting of the City Council to order at 7:30 P.M. on
Tuesday, September 5, 1989.
2. The invocation was given by Reverend Paul Torres, Word of
Freedom Ministries, 5927 Cloverly.
3. The Pledge of Allegiance to the Flag was led by Mayor Froehle.
4. ROLL CALL:
Present: Councilmembers Atkins, Breazeal, Gillanders
Swain and Froehle
Absent: None
Also Present: City Manager Koski, City Attorney Martin,
Community Development Director Dawson,
Public Works Coordinator Peterson, Parks &
Recreation Director Kobett, Temple City
Times Staff Writer Estrada, Pacesetter Staff
Writer Holtzclaw and SGV Tribune Staff
Writer Medve.
5. CONSENT CALENDAR:
On motion by Councilmember Atkins and seconded by Councilmember
Breazeal, the Consent Calendar was unanimously approved as
presented.
A. APPROVAL OF MINUTES - 1) Regular Meeting of August 15, 1989
2) Adjourned Meeting of August 29,
1989
Council approved the Minutes of the regular meeting of
August 14, 1989 and the Adjourned Meeting of August 29,
1989 as submitted.
City Council Minutes, September 5, 1989 - Page 2
B. RELEASE OF STREET TREE BOND, PM #17616, 6024 KAUFFMAN
AVENUE -
Council approved the street tree work completed, released
the cash street tree bond in the amount of $550 and in-
structed City Clerk to notify the depositor and L.A. County
Public Works Department of said action.
C. RELEASE OF STREET IMPROVEMENT BOND, PM #17616, 6024
KAUFFMAN AVENUE -
Council approved and accepted the street work completed,
released the security deposit in the amount of $11,230 and
instructed City Clerk to notify the depositor, surety and
L.A. County Public Works Department of said action.
D. WASTE BY RAIL: NOTICE OF PREPARATION OF EIR -
Council received and filed the Notice of Preparation of an
EIR from the Riverside County Planning Department for a
"waste -by- rail" solid waste disposal site and associated
activities.
E. ORDINANCE NO. 89 -655 (2ND READING) PERS CONTRACT AMENDMENT
Council waived further reading and adopted Ordinance No.
89 -655, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT OF THE
CITY OF TEMPLE CITY AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
F. COUNTY REGISTRAR RECORDER: REQUEST FOR USE OF CIVIC CENTER
AS CHECK -IN CENTER ON NOVEMBER 7, 1989 CONSOLIDATED ELEC-
TION -
Council approved the use of Civic Center as check -in center
for the General Election on November 7, 1989.
G. PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING OF
AUGUST 22, 1989 -
Council received and filed.
H. RESOLUTION NO. 89 -2901: APPOINTMENT OF PERSONNEL
Council adopted Resolution No. 89 -2901 approving the em-
ployment of budgeted personnel.
I. RESOLUTION NO. 89 -2902: APPROVAL OF PAYMENT OF BILLS
Council adopted Resolution No. 89 -2902 approving claims and
demands in the amount of $308,070.18.
6. UNFINISHED BUSINESS: NONE
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City Council Minutes, September 5, 1989 - Page 3
7. NEW BUSINESS:
A. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION
DENYING ZONE VARIANCE 89 -1003 AT 10558 DAINES DRIVE
(SHELBURNE) -
Providing background information, City Manager Koski stated
that on August 8, 1989, the Planning Commission denied the
subject Zone Variance to allow a second story addition with
a 6' 6" side yard setback instead of the required 10'
setback. The Planning Commission was unable to make the
findings for granting the variance in that the subject lot
consists of 12,960 square feet of area. Furthermore, it
was felt the proposed addition would be inconsistent with
the existing single story character of the neighborhood and
may contribute towards loss of privacy for adjacent
property owners.
Mayor Froehle declared the public hearing open and invited
anyone wishing to address Council on this matter to come
forward at this time.
Charles Shelburne, 10558 Daines, the applicant, told Coun-
cil he has labored over these plans and feels they are the
perfect design for the space available. These plans would
leave the back yard, pool and patio area intact. It is de-
signed without windows to protect the neighbor's privacy.
The neighbors have all looked at the plans and have either
been in favor or did not object. In order to get the
required setback of 10', Mr. Shelburne stated he would have
to change the configuration and in so doing there would be
two windows facing the neighbor's property. In answering
questions from Council, Mr. Shelburne stated he is extend-
ing the rear of his house 14 feet. The room indicated as
bedroom on the plans will be used as a sewing room for his
wife and, therefore, does not have access to the bathroom
except through the master bedroom.
A video of the subject site and adjacent properties was
shown to Council.
Janice Weinck, 10554 E. Daines, neighbor directly west of
Mr. Shelburne, informed Council she and her mother were in
favor of this variance. There will be no windows on the
west side but if the variance is not allowed, the plans
indicate there will be windows and she is opposed to this
plan as they will look directly down into her den.
As there was no one else who wished to speak on this
matter, Councilmember Breazeal moved to close the public
hearing, seconded by Councilmember Swain and unanimously
carried.
City Council Minutes, September 5, 1989 - Page 4
Councilmember Breazeal stated he could not make the find-
ings necessary to grant the variance. He would find it
very difficult to grant the variance when there is a dis-
tinct finding by the Planning Commission that the addition
could be constructed without the variance. There are no
unusual circumstances involved, therefore he could not
approve.
Councilmember Swain agreed with Councilmember Breazeal in
that there are no special circumstances. This is one of
the larger lots in town and she felt the addition could be
extended into the back yard and not affect the tree or the
rear of the yard. She concurred that there are no grounds
for granting a variance.
Councilmember Atkins felt looking at a straight 23' wall
would be very overpowering. He felt Councilmember Breazeal
expressed the situation quite succinctly.
Councilmember Gillanders agreed with what had previously
been stated. He could not see changing the Planning Com-
mission's decision.
Councilmember Breazeal moved to sustain the Planning Com-
mission's decision and deny Zone Variance No. 89 -1003 for
the reasons stated above and as contained in Planning
Commission Resolution No. 89 -1508 and to include the Min-
utes and materials from the Planning Commission as part of
the record of Council's public hearing concerning this
matter, seconded by Councilmember Atkins and unanimously
carried.
B. PUBLIC HEARING: TENTATIVE TRACT MAP NO. 47106, CONDITIONAL
USE PERMIT 88 -963 AT 8916 -22 LONGDEN AVENUE (WANG)
As background, City Manager Koski stated that on March 7,
1989, Council considered a proposed 8 -unit condominium
project with subterranean parking. The matter was contin-
ued to allow the developer to re- design the project in
order to address traffic safety concerns relative to the
subterranean parking. Subsequently, the developer withdrew
the application. The revised proposal before Council at
this time is for 6 detached condominium units on two levels
but without subterranean parking. The proposed plans are
within limits established by the recently adopted morato-
rium and have an FAR of .70 and complies with current
development standards and all provisions of the currently
effective moratorium.
A video of the site and surrounding properties was shown.
Mayor Froehle declared the public hearing open and invited
anyone wishing to address Council on this issue to come
forth at this time.
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City Council Minutes, September 5, 1989 - Page 5
Ming Nang Chen, 404 E. Las Tunas Drive, San Gabriel, the
architect on this project, confirmed to Council that this
project meets all the requirements of the current morato-
rium. According to current requirements, seven units can
be built on this site and they are building only six which
will give the project more open space. In answer to
Councilmember Breazeal's question, Mr. Chen said he has
read all the conditions as suggested by staff and has no
problem with them.
Councilmember Swain noted that the list of conditions did
not require sprinklers in the garages, which are located
under bedrooms. She would like to have sprinklers in the
garages added as a requirement.
Community Development Director Dawson answered that sprin-
klers are required when there are two or more units at-
tached. Detached units currently do not require
sprinklers.
Councilmember Gillanders failed to see the difference in
attached or detached. The fire hazard is still the same.
Mr. Chen, answering Council, said he is not opposed to the
added condition of sprinklers in the garages.
As there was no one else who wished to speak on this issue,
Councilmember Gillanders moved to close the public hearing,
seconded by Councilmember Breazeal and unanimously carried.
Councilmember Swain remarked that this project is so much
better than what they saw the first time. There is no
over - building, the subterranean parking is gone and they
now have come in with a project that meets all the stan-
dards. She has no problem with this project.
Councilmember Atkins saw no grounds to deny this request
but he concurred with the added requirement of sprinklers
in the garages.
Councilmember Gillanders concurred with Councilmember Swain
and he too felt it was a very much improved project. He
did feel, however, they should look into the Code regarding
sprinkler systems as they are a very worthwhile life- saving
measure.
Councilmember Breazeal agreed. He was impressed that there
was less than the maximum density and almost three times
the open space required.
City Council Minutes, September 5, 1989 - Page 6
Councilmember Swain moved to approve Tentative Tract Map
No. 47106 and Conditional Use Permit No. 88 -963 at 8916 -22
Longden Avenue, with the added condition that sprinklers be
added to the garages, and to approve the Negative Declara-
tion; seconded by Councilmember Gillanders and unanimously
carried.
C. PUBLIC HEARING: GENERAL PLAN AMENDMENT 89 -2, ZONE CHANGE
89 -1013 AND CONDITIONAL USE PERMIT 89 -1012 -
City Manager Koski said the subject application would
permit a proposed promotional retail shopping center at the
northwest corner of Las Tunas Drive and Rosemead Boulevard.
The General Plan Amendment would redesignate certain par-
cels situated north of Elm Avenue between Reno Avenue and
Rosemead Boulevard from Residential to Commercial. The
Zone Change would reclassify certain parcels situated both
north and south of Elm Avenue from R -3 to C -2. The Condi-
tional Use Permit would allow the development of a sin-
gle -story commercial shopping center. On August 8, 1989,
the Planning Commission considered the subject application
and adopted a Resolution recommending approval. In addi-
tion to the conditions listed in the Planning Commission
Resolution it is suggested a condition be imposed requiring
reciprocal ingress and egress from the subject development.
Mayor Froehle declared the public hearing open and invited
anyone wishing to address Council on this matter to come
forward at this time.
Bob Champion, Champion Development, 100 Oceangate, Suite
600, Long Beach, came before Council to answer any ques-
tions they may have.
Council had no questions at this time.
Bill Bretz, 8723 Hermosa, Temple City, expressed his con-
cern in that over the past six months he has attended
Council meetings and has heard many times how hard staff
had worked on the General Plan and the amount of input
received from the public, the number of meetings held, etc.
Now Council has a use for the property and it's okay to
amend the General Plan. He wanted to know where it would
end. He felt the project would slowly creep up to Hermosa
and wanted to know if each time a change was made they
would have to amend the General Plan. He suggested Council
figure out what they are going to do and make all the
General Plan amendments at once.
As there was no one else who wished to speak on this
matter, Councilmember Atkins moved to close the public
hearing, seconded by Councilmember Gillanders and unani-
mously carried.
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City Council Minutes, September 5, 1989 - Page 7
Councilmember Gillanders felt this subject has been
discussed to death.
Councilmember Atkins thought the Planning Commission had
done a very thorough job and had covered all the elements.
Councilmember Breazeal, in response to Mr. Bretz, remarked
that the General Plan is not a static document. By Govern-
ment Code, it can be amended four times a year.
Councilmember Gillanders reminded everyone that there have
been amendments to the City's General Plan.
Councilmember Atkins moved to approve General Plan Amend-
ment 89 -2 and Zone Change 89 -1013 and Conditional Use
Permit 89 -1012 and to include all of the findings set forth
in the Planning Commission documents.
As clarification, City Attorney Martin said it is his
understanding that the motion on the floor is to confirm
and re -adopt verbatim the Resolution of the Planning Com-
mission together with all of its findings and the other
material set forth in order to grant the Conditional Use
Permit, General Plan Amendment and Zone Change as set forth
in that Resolution.
Before adoption, Attorney Martin asked City Manager Koski
if what has been done is part of the E.I.R. and Mr. Koski
said the E.I.R. adopted addressed the subject area. Attor-
ney Martin verified with the City Manager that no con-
ditions have changed that would make the E.I.R. any less
valuable now than it was then.
Mr. Koski stated the mitigation measures are contained in
the E.I.R. as well as the monitoring provisions.
Community Development Director said an additional condition
is being suggested by staff to provide for reciprocal
access to the north to Hermosa Avenue and to the west to
Eaton Wash.
City Manager Koski said this would be included and the
language of the Resolution and would be worked out with
City Attorney Martin and Special Counsel Parrington and
returned for Council's approval.
Councilmember Atkins moved to amend his previous motion to
include this added condition of egress and ingress, sec-
onded by Councilmember Atkins and unanimously carried.
Council requested staff to prepare the necessary documents
for these approvals and bring them back for review and
approval at the next City Council meeting.
City Council Minutes, September 5, 1989 - Page 8
D. MODIFICATION OF CITY HALL MASONRY PLANTER -
Providing background information, City Manager Koski stated
that staff solicited cost estimates from local contractors
regarding modification of the masonry planter located on the
southeast corner of City Hall. The planter creates a par-
tial view obstruction for vehicles existing the south park-
ing lot. This could be accomplished by reducing the planter
height, which would also necessitate modification of the
handrail and water irrigation system.
Councilmember Atkins moved to approve modification of City
Hall Masonry Planter at an estimated cost of $10,000 and
amend the budget accordingly, seconded by Councilmember
Swain and unanimously carried.
E. RECOMMENDATION OF TRAFFIC COMMISSION MEETING OF AUGUST 2,
1989 - WIDE TRUCK AND VEHICLE PARKING -
Providing background information, City Manager Koski stated
the Traffic Commission has discussed the parking of commer-
cial trucks and truck trailers on truck routes and motor -
homes and travel trailers on City streets. The Traffic
Commission believes the existing Ordinance No. 62 -92 relat-
ing to "...limitations on parking of vehicles exceeding
eighty inches in overall width on streets other than truck
routes" is not adequately updated in verbiage to educate
drivers and residents with commercial trucks or travel
motorhomes. The Commission is recommending that the maximum
parking time on truck routes for trucks and truck trailers
be limited to one hour and that parking of travel trailers
and motorhomes over 80" wide be prohibited on specific
streets when such parking constitutes a parking problem.
Council discussed this item at great length and covered such
areas as moving vans, delivery trucks, cement trucks, etc.
They felt there were so many valid exceptions. Council
agreed that in many cases motorhomes do present a safety
hazard. They felt the Traffic Commission is moving in the
right direction by looking at traffic safety. After this
discussion, it was the consensus of Council that this item
be continued and a study session with the Traffic Commission
should be scheduled to discuss it more extensively.
Councilmember Breazeal moved to continue this item to a
study session with the Traffic Commission at a future time
convenient to both parties, seconded by Councilmember Atkins
and unanimously carried.
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City Council Minutes, September 5, 1989 - Page 9
8 COMMUNICATIONS:
A. LOS ANGELES COUNTY TRANSPORTATION COMMISSION REQUEST FOR
APPROVAL OF INCREASE IN SALES TAX FROM 6 1/2% TO 7% FOR
TRANSPORTATION -
City Manager Koski stated a letter was received from the
Los Angeles County Transportation Commission requesting the
City to adopt a Resolution in support of a proposed 1/2
cent sales tax increase to be used for various new street,
highway and transportation improvement projects. The City
cannot expend money to support or oppose such initiative
but can take a policy position.
Councilmember Breazeal expressed his opposition to such an
increase.
Councilmember Swain stated that until LACTC and RTD get
their act together and until such time as they can guaran-
tee this money will go to transportation, she could not
support another tax increase of this type.
Councilmember Atkins said the money will end up in the
Wilshire Blvd. subway.
Councilmember Gillanders said when they brought up the 6
1/2 percent they penalized every business in Los Angeles
County that sells a major product, particularly automo-
biles. When you go from Pomona to Montclair the value of
your car is reduced. He felt this proposed increase will
just pour money into the subway.
Councilmember Gillanders moved to take the position to
oppose this measure, seconded by Councilmember Swain and
unanimously carried.
B. LETTER FROM CITY OF WEST COVINA RELATING TO POLICE AGENCY
AND OFFICER IMMUNITY -
City Manager Koski briefly explained that several recent
court cases have been decided in Southern California which
have created a potentially dangerous situation for all
cities in providing police protection. These cases, one
involving the City of West Covina, have exposed cities to
substantial monetary damages involving police departments
which act in good faith but are unable to successfully
resolve a particular incident. To rectify this situation
the City of West Covina is requesting the endorsement and
support of the members of the Los Angeles County Division
of the League of California Cities in an effort to secure
adoption of a resolution by the League's General Assembly
in San Francisco on October 24, 1989.
City Council Minutes, September 5, 1989 - Page 10
City Attorney Martin said it is a new theory and one which
scares everyone particularly in police work. The police
department in this case is being sued for negligence saying
they tried to handle a case they didn't know anything
about. It puts the police out of business. If he gets a
case where he feels he does not have the expertise, he will
not work on it and subject himself to liability.
Councilmember Gillanders had mixed emotions on this problem
but does agree with the basic premise behind it. However,
he objects to the wording in the Resolution because in
effect it could be misconstrued to cloak a variety of
malfeasance or nonfeasance and they would be giving cate-
gorical exemption to a city to avoid damages. He could not
support this until the wording is changed.
Mayor Froehle mentioned if there is negligence on the
Officer's conduct he can still be sued.
Councilmember Atkins felt law enforcement officers do need
a certain amount of protection but agreed with Council -
member Gillanders that this is a broad way of doing it.
Councilmember Breazeal had the same reservations and felt
it is overly broad and was using a cannon to attack a
mosquito.
Councilmember Swain quoted a portion of the Resolution and
said it is a Resolution to the League to ask the League to
sponsor legislation to the Legislature. The wording of
this Resolution will not be the wording of any law that is
finally passed by the State. Basically, the idea for this
type of legislation is a good one. She felt they should
watch and follow this legislation very closely.
Mayor Froehle said law suits are on the increase and not
just in law enforcement. When there is law enforcement
acting in good faith, they must be given some protection
and read a statement from paragraph 2. Public entities are
immune from liability for failure to establish a police
department. Police Departments and officers are immune
from liability for failure to provide sufficient police
protection including failure to act at all. However, State
Law does not provide immunity for police departments and
officers (although it does for firefighters) who do act in
good faith in attempting to provide a service.
It was moved, seconded and unanimously carried to approve
West Covina's request in principle but object to the spe-
cific wording and suggest before it gets to the floor it be
changed considerably.
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City Council Minutes, September 5, 1989 - Page 11
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
S. R. Shuman, 8905 Elm Avenue, noticed there was a Temple City
Sheriff in attendance at the meeting and wanted to know who is
being protected or who is being watched?
Mayor Froehle explained it is standard procedure to have one
present at every public meeting.
Councilmember Atkins remarked that many times they are given
traffic reports, etc. to look into.
Bill Bretz, 8723 Hermosa, in looking at the proposed project
for Block "A ", expressed the hope that the City Council can use
their resources to help find suitable replacement housing for
those people being displaced.
Lucinda Grant, 5434 N. El Monte Ave., made comments to Council
regarding the fact that Temple City was incorporated and was to
be a City of single family residences. She sees so much con-
struction going on in the City and so many changes that she
feels the whole complexion of the City is changing. Mrs. Grant
also discussed construction sites and noted that many of these
sites are full of debris and often times extends out into the
right -of -way and it is difficult to walk around it.
Councilmember Gillanders, commenting on statements made by Mrs.
Grant, stated that compared to surrounding cities, Temple City
has a much lower density. The country living referred to does
not exist much any more. They are trying to keep as much of it
as possible and to keep under control the style of living that
is enjoyed by Temple City residents.
Councilmember Swain and Councilmember Gillanders agreed that
the contractors do take over the whole area and do have their
building materials half way out on the street and most of the
sites are an eyesore. Councilmember Gillanders also commented
on the dumpsters at the site and the fact that they stick out
into the street and are dangerous. Four cities are in the
process of being sued for allowing this situation to exist.
Janice Weinck, 10554 E. Daines Dr., commented that she did not
understand the outcome of the Shelburne case and was informed
that Council was just opposed to the setback of 6'6" rather
than the required 10'.
Bob McGinnis, 6120 N. Camellia, discussed a project on Camellia
and questioned the setbacks on several other projects, particu-
larly the front yard setbacks.
Councilmember Atkins stated the 20' front yard setback require-
ment as been in the Code at least 17 years.
City Council Minutes, September 5, 1989 - Page 12
Councilmember Gillanders commented on the north and south side
of La Rosa the homes were originally set way back and then some
owners just built another house in the front. The City Ordi-
nance covering this area has been untouched for years.
Mayor Froehle called a short recess at 8:55 P.M.
Mayor Froehle reconvened the meeting at 9:05 P.M
RECESS TO CRA:
At 9:05 P.M. the City Council met as the Temple City Community
Development Agency; approved the Minutes of the regular meeting
of August 15, 1989 and the Minutes of the adjourned meeting of
August 29, 1989; reviewed proposed architecture and design
styles for the Block "A" project and adopted Resolution No. CRA
89 -377 allowing claims and demands in the amount of $5,398.75.
The Minutes of the Agency are set forth in full in the Agency's
records.
RECONVENE AS CITY COUNCIL
10. ACTION ON REQUEST BY CRA: NONE
11. MATTERS FROM CITY OFFICIALS:
A. REVIEW CURRENT STATUS OF LITIGATION RE: COMMERCIAL SIGN
ORDINANCE -
City Manager Koski stated he discussed with City Attorney
Martin a telephone call from the Asian Pacific American
Legal Foundation relative to the current status of the
Pomona law suit, which has been appealed. Pursuant to
Council's action back on August 1st, staff and the Planning
Commission have been directed to defer any further applica-
tion of the provisions of the sign ordinance dealing with
foreign language.
City Attorney Martin suggested, that Council's order given
on August 1, 1989, be repeated this evening. Staff has
been ordered to stop enforcement of those foreign sign
ordinances and they will not be reinstituted until there is
a final disposition.
Councilmember Atkins moved that staff again be instructed
to suspend enforcement but not to disturb the Ordinance it-
self, seconded by Councilmember Swain and unanimously
carried.
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City Council Minutes, September 5, 1989 - Page 13
Councilmember Breazeal asked Attorney Martin that instead
of a total moratorium on enforcement they simply suggest
all signs regardless of the language have a minimum of 50%
of the sign face in basic English devoted to the generic or
actual name of the business so it would apply to all signs.
Attorney Martin referred to the First Amendment right to
communicate in one's own language.
Councilmember Breazeal commended City Treasurer Francine Mal-
donado for a clean audit on the Special Gas Tax Street Improve-
ment Fund. He also referred to a letter received from the City
of South El Monte regarding their opposition to the National
League of Cities' position on the home mortgage interest deduc-
tion and requested this item be placed on the next City Council
Agenda. Also he discussed a letter from the Sheriff on the
S.A.N.E. program and before participation in for another year
he would like to get an informal evaluation from the Principal
and perhaps PTA as to whether they feel it is worthwhile.
Mayor Froehle mentioned the Temple City Tennis Club has donated
four new tennis nets and center straps to the City. He felt
they should be accepted and a thank -you letter written to the
Club.
12. ADJOURNMENT:
At 10:10 P.M. Councilmember Breazeal moved to adjourn the
meeting, seconded by Councilmember Atkins and unanimously
carried. The next regular meeting of the City Council will be
held on Tuesday, October 2, 1989 at 7:30 P.M. in Council Cham-
bers, 5938 North Kauffman Avenue.
MAYOR