03-08-1982 - Regular Meeting - MinutesREGULAR. MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA, CALIFORNIA
March 8, 1982
The regular meeting of the City Council of the City of West Covina was called
to order by Mayor Shearer at 7:30 PM in the City Hall Council Chambers, 1444
• W. Garvey Avenue, West Covina, California. The Pledge of Allegiance was led
by Brownie Troop No. 936 of Cameron School. The invocation was given by Rabbi
Elisha Nattiv of Temple Shalom.
f
ROLL CALL .
Present:
Others Present
APPROVAL OF MINUTES
PRESENTATIONS
Bill Freemon
NATIONAL EYE BANK MONTH
GIRL SCOUT WEEK
DAYS OF REMEMBRANCE
MT. SAC RELAYS WEEK
Mayor Shearer, Mayor Pro Tem Tice, Councilmembers
Chappell, Tennant, Bacon
Mooney, Calmes, Fast, Lennard, Eliot, Thomas, Miller, Fry,
Meacham, Keating, Wolff, Salazar, Southard, Pryor, Fowler,
Berry
Motion by Tice, seconded by Tennant, and unanimously carried
to approve the minutes for the regular meeting held February
8, adjourned regular meeting of February 16, adjourned regu-
lar meeting of February 18, and the regular meeting of Feb-
ruary 22, 1982.
Mayor Shearer presented a resolution of commendation to -Bill
Freemon for his participation on the Heritage Committee of
the West Covina Chamber of Commerce and his recent promotion
to.editor of the San Gabriel Valley Tribune.
_A proclamation proclaiming March, 1982 as NATIONAL EYE BANK
MONTH was presented to Mario Del Fante, president of the
West Covina Lions Club.
A proclamation proclaiming March 7 through March 13, 1982 as
GIRL SCOUT WEEK.was presented to -the leader of Brownie Troop
No. 936.
A proclamation proclaiming April 18 trough April 25, 1982 as
DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST was.pre-
sented to Rabbi Elisha Nattiv,
A proclamation was proclaimed for MT. SAC RELAYS WEEK (April
19 through April 25, 1982).
CONSENT CALENDAR Written Communications
March of Dimes Request fora parade permit to conduct a walk-a-thon on
April 24, 1982. (approve subject to standard conditions)
Jim Clopton Letter of resignation received from Jim Clopton from the
Recreation and Parks Commission, effective immediately.
(.•receive and file)
Planning Commission
Summary of Action of: .February 24, 1982 (accept and file)
Summary of ActioA*of March 3, 1982 (accept and file)
Recreation and.Parks 'Commission
Summary of Action of February 23, 1982 (accept and file)
Human Resources Commission
Summary of Action of February 25, 1982 (accept and file)
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CITY COUNCIL MINUTES March 8, 1982
Page Two
ABC`Applications (Chief of Police reports no legal basis
for protest)
Host International, Inc.
dba CHARLEY BROWN'S
3041 E. Garvey Avenue
Noegrilli, Giuseppina
dba TONY De BRUNO PIZZA
Negrelli, Pietro
1557 W. Amar Road, Unit H
Acceptance of Improvements anal/or Release of Bonds
Precise Plan 727, Rev. l
Location: North side of Valley, east of Nogales
MOUNTAIN SHADOWS
Staff recommends accepting street improvements and acknowl-
edging completion of grading, and releasing Faithful Per-
formance Bonds:
6038352 - $21,300
9298653 - 12,900
Precise Plan 733
Location: _Southwest corner of Barranca and South Garvey
S.I.C. CORPORATION
Staff recommends accepting street improvements and acknowl-
edging completion of grading, and releasing Faithful Per-
formance Bonds:
OSM-556759 - $4,400
OSM-556761 - 15,900
Tract 37292
Location: Southeast corner Donna Beth and Aroma
ANDEN GROUP
Staff recommends accepting street improvements and acknowl-
edging completion of grading, and releasing Faithful Per-
formance Bonds:
OST-342424 - $66,000
OST-342425 - .94,000
MP-80039
Location: North side of Cameron Avenue
BRITTON CONSTRUCTION CO.
Staff recommends accepting construction of retaining wall and
releasing Faithful Performance Bond No. 40-0120-11122-81-1
in the amount of $123132.66.
City Treasurer
Report for the month of January, 1982. (receive and file)
Office of Traffic Safety Grant - Accident Surveillance System
Informational report. (receive and file)
Items removed from Councilmember Bacon requested Item 'A -lb removed from the
Consent Calendar Consent Calendar for separate consideration.
CONSENT CALENDAR MOTION Motion by Tice, seconded by Tennant to approve all items
listed on the Consent Calendar with the exception of Item
:A -lb. Motion carried by roll call vote:.
AYES: Bacon, Tennant, Chappell, Tice, Shearer
NOES: None
Item A -lb
END OF CONSENT CALENDAR
Council noted with regret the resignation of Jim Clopton
from the Recreation and Parks Commission. Motion by Bacon,
seconded by Tice, and unanimously carried to have staff pre-
pare a permaplaqued resolution of commendation for Mr. Clopton.
Motion included receiving and filing the resignation letter.
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CITY COUNCIL MINUTES
March 8, 1982
Page Three
ORAL COMMUNICATIONS
Tom Whizenhunt, 2132 Kings Crest Drive, spoke to Council
regarding Ordinance 1.210, Business Improvement Tax, charging
Tom Whizenhunt
the West Covina Chamber of Commerce with misuse of tax dollars
Mayor Sheraer instructed the City Attorney to research the
-matter and report back at the nextregular council meeting.
Lolly Bergman
Lolly Bergman, 426 Leaf Street, refuted the previous
speaker's allegations and questioned his motive.
Betty Joyce
Betty Joyce, 1509 Delhaven Street, noted her disapproval
of the Chamber -supporting or opposing any candidate or issue.
Royal Brown
Royal Brown,,2153 Aroma Drive, suggested the transition
task force investigate the recent toxic waste spill at Azusa
and Temple Avenues.
Mayor Shearer suspended Oral Communications to conduct.
the scheduled hearings at 8:00 PM.
HEARINGS
1) ADOPTION OF BUILDING -SECURITY CODE
Motion by Tice, seconded by Chappell, and unanimously car -
Building Security Code
.ried to receive and file the affidavit of publication.
Mayor Shearer opened the hearing and the staff report
was presented by Building and Safety Director Bill Fowler.
No public testimony
Mayor Shearer asked if. there was any one in the audience
wishing.to address the item. There was no public testi-
mony and the hearing was closed.
City Attorney presented:
Ordinance 1538 -
ORDINANCE NO. 1538 - AN ORDINANCE OF THE CITY COUNCIL
security code
OF THE�CITY OF WEST COVINA, CALIFORNIA, REQUIRING SECURITY
DEVICES IN CERTAIN BUILDINGS AS BURGLARY PREVENTION
MEASURES AND PROVIDING FOR THE ENFORCEMENT THEREOF BY THE
BUILDING AND SAFETY DEPARTMENT
_. Motion by Tice, seconded by Chappell, and unanimously
carried to waive further reading of the ordinance.
`Motion by Chappell, seconded by Tennant to adopt the
ordinance. Motion carried by roll call vote:
AYES: Bacon, Tennant, Chappell., Tice, Shearer
' NOES: None
2) •PARCEL MAP NO..8647 - BRUCE MULHEARN
Parcel Map No. 864.7
Location: 225 Plateau Drive
City G1erk Mooney verified the affidavits of publication
and mailing.
Mayor Shearer opened.the hearing and Environmental
Services Director Mike Miller presented the staff report
with slides of the area.
Testimony
Mayor Shearer asked if there was anyone wishing to
In Favor
address Council -in favor of the parcel.map..
Bob Hill
Bob Hill, representing Bruce Mulhearn, noted that the
tentative parcel map met or exceeded all standards and
the EIR states the same.
In Opposition'
Frank Anzaloni, 2836 Vanderhoof, felt not all environ-
Frank Anzaloni
mental problems had been covered. He said the residents
had attempted to negotiate with Bruce Mulhearn, but that
Mr. Mulhearn.was not cooperative. He requested a delay
of any -decision until negotiations could take place.
Rebuttal
Bob Hill said that Bruce Mulhearn felt at that meeting
Bob Hill
that he had met'all requirements and conditions and that
there was no further need of discussion. However, he
would be willing to meet again with the neighboring
residents.
Testimony closed
There being no further testimony, the public portion
of the -hearing was closed.
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CITY COUNCIL MINUTES
March 8, 1982
Page Four
Council discussion Council discussed requirements,. conditions, and the
resident's concerns, and the possibility of another
meeting between the developer and the neighbors.
Motion by Tennant, seconded by Bacon, and unanimously
carried t__o hold over any decision until another meeting
had been held.
Motion by Shearer', seconded by Bacon, and unanimously
carried that staff.parti.cipate as facilitator of the
meeting.
ORAL COMMUNICATIONS CONTINUED
Oliver Riggins" Oliver Riggins, 1239 Rowland Avenue, asked if the City
had a toxic spill evacuation plan. .Mayor Shearer answered
in the affirmative and noted that staff could supply him a
copy of the plan. .
Mr. Riggins spoke in regards to the parcel map hearing.
He expressed concern -about infringement of property rights
where a developer had met all requirements.
Geraldine Gilman Geraldine Gilman;-2103 Aroma Drive, said there was no
way out of Aroma Drive if it should be blocked off during
an evaculation. Council mentioned that there was a passage
way through to.Hil-lward and -the Aroma connector would be
completed sometime in the future, depending on development
plans.
Mayor Shearer stated that the evacuation plan could
END - ORAL COMM. be obtained through the Office of Emergency Services.
MAYOR'S_ REPORTS 1) -Mayor Shearer suggested Councilmember Chappell continue
to be Council's representative to the East San Gabriel
E.S.G.V. Consortium Valley Consortium. Motion by Tice, seconded by Bacon,
representative - Chappell and unanimously.carried to approve the mayor's suggestion.
2) Mayor Shearer proclaimed March 22 - 29, 1982 as
GYMNASTICS WEEK.
OES exercise 3) Mayor Shearer commented on the .successful OES exercise
recently undertaken by City staff .as well as volunteer
groups in simulating an earthquake disaster.
SB 810 4) In regards .to SB 810 re transition of landfills, Mayor
Shearer said there was strong opposition from the pro-
ducers of toxic .waste for the bill and Senator Garamendi
would like to hold a press conference in West Covina
on the issue: Staff was directed -to invite the senator
to come to West Covina.
COUNCILMEMBER'S REPORTS Councilmember Bacon commented'on the -need to continue
California clean air standards instead of national standards.
Clean air standards Staff was directed to investigate and report back.
Bacon noted that AB.2742 would preempt local control
AB 2742 over CATV. Staff .was directed to review AB 2742 and report
back to council.
Tennant Councilmember Tennant commented on the State Democratic
Convention's position on toxic waste and their avoidance of
discussing the issue.
Tennant urged Council's support of an assembly bill that
bans .drug paraphrenalia. Motion was -seconded by Bacon and
unanimously carried.
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CITY COUNCIL MINUTES March 8, 1982
Page Five
Tice Mayor,Pro Tem Tice.commented on the YWCA/Jr. Women's
Club carnival held at -Cortez Park the past Saturday. The
proceeds were.to support a home for battered women and
children.
Chappell Councilmember*Chappell reported on the Los Angeles
Division of the League of California Cities.
Poly Pavillion Week Mayor Shearer_pToclaimed the week of March 22, 1982
proclaimed. as Poly.Pavillion Week.
ENVIRONMENTAL SERVICES DIVISION
BKK LANDFILL HAZARDOUS WASTE DISPOSAL TRANSITION TASK FORCE
INTERIM.REPORT
Council reviewed staffs'report.. Additional remarks were
BKK Landfill transi- offered -by Environmental Services Director.Mike Miller.
tion task force Council heard comments from two.members of the committee:
Louis Gilbert and Fred Landsberg.
Motion by Tice, seconded by Chappell, and unanimously
carried to receive and file the BKK Landfill Hazardous Waste
Disposal Transition Task Force interim report and adopt the.
recommendations contained in the report.
Recess Mayor Shearer called a recess at 9:34 PM. Council reconvened
at 9:45 PM.
• AWARD OF BIDS 1) MAINTENANCE DEPARTMENT DUMP TRUCK
Council reviewed staff`s report.
Maintenance dump truck Motion by Chappell, seconded by Tice, and unanimously
RAY GASKIN SERVICE carried to award Bid.No. 82-125 fora front loader dump
truck to RAY-GASKIN.SERVICE in the amount of $68,912,72,
including tax.
2) SHADOW OAK PARK CONCESSION•STAND
Council reviewed staff's report.
Motion by Tice, seconded by Chappell, and unanimously
Concession stand/storage carried to -a) authorize staff to submit a request for
facility at Shadow Oak funding in the amount of $53,499 from the State of
GEORGE N. KELSEN CONSTR. California Department of Parks and Recreation for con-
struction of the concession stand/storage building in
Shadow Oak Park per approved plans and specifications,
and b) that the City Clerk and -Mayor execute an agree-
ment with GEORGE N. KELSEN CONSTRUCTION in the amount
of $44,362 for the construction of the concession stand/
storage facility (.City Project No. PP 82209), upon
receipt of State.Bond funds. It was noted that the
project would.take.six weeks to complete.
3) CITY PROJECT SP 80003-1, FEDERAL PROJECT M-L686(2)
MERCED STREET IMPROVEMENTS
Council reviewed staff's report.
SP 80003-1 Motion by -Chappell, seconded by Tice, and unanimously
Held Over carried to hold over'the award of the project until the
next regular meeting on March 22, 1982 to complete
evaluation of the bids.
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CITY COUNCIL MINUTES March 8, 1982
Page Six
PUBLIC WORKS_ 1) TRACTS 31615, 33930,.-33900 - ACCEPT.OPEN SPACE LOTS -
MAINTENANCE DISTRICT NO. 4
Location: Woodside Village
Council reviewed' Engineer's Report.
City Attorney presented:
Resolution 6503 - RESOLUTION NO. 6503 - A RESOLUTION OF THE CITY COUNCIL
Open space lots OF THE CITY OF.WEST COVINA, CALIFORNIA, ACCEPTING LOTS
124, 128, 131, AND 134 OF TRACT 31619, LOTS 87 AND 90
OF -TRACT 33930, AND -LOT 102 OF TRACT 33900
Motion by Tice; seconded by Chappell, and unanimously
carried to waive further reading of the resolution and
adopt.
2) CITY PROJECT PP 81016 - APPROVE PLANS AND SPECIFICATIONS -
WOODGROVE PARK, PHASE I
Location: West of Azusa, north of Amar
Council reviewed Engineer's Report.
PP 81016 - Plans & specs. Motion by Tice, seconded by Chappell, and unanimously
approved carried to approve the plans and specifications for PP
(Woodgrove Park) 8-1016 and authorize the City Engineer to tall ,for bids,
subject to approval by the State of California Parks
and Recreation Department.
3) SP 81027 - APPROVE PLANS AND SPECIFICATIONS -
NOGALES CHANNELIZATION
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Location: Nogales, north of Valley Boulevard
Council reviewed Engineer's Report.
SP 81027 - Plans & specs.
Motion by Chappell, seconded by Tennant, and unanimously
_approved
carried to approve plans and specifications for the
(Nogales chann_elization)
Nogales Channelization project SP 81027 and authorize
the City Engineer to call for bids.
4)
TS 81026 - APPROVE PLANS AND SPECIFICATIONS -
SUNSET/IRWINDALE/BADILLO SIGNAL MODIFICATION
Location: Sunset/Irwindale/Badillo
Council reviewed Engineer's Report.
TS 81026 - Plans & specs..
Motion by Chappell, seconded by Bacon, and unanimously.
approved
carried to approve plans and specifications, and
(traffic signals)
authorize the.City Engineer to call for bids, subject
to approval -of the State of California and Federal
Highway Administration.
5)
COOPERATIVE AGREEMENT WITH CITY OF COVINA - SEWER
MAINTENANCE..
Location: City of Covina
Council reviewed Engineer's Report.
City of Covina -
Motion by Tice, seconded by Chappell, and unanimously
Sewer maintenance.
carried to authorize the Mayor and City Clerk to execute
cooperative agreement
a Cooperative Agreement with the City of Covina for
sewer maintenance..
�� 6)
SP 80003-1 - MERCED AVENUE STREET IMPROVEMENTS - SUP-
PLEMENT NO. 13 TO LOCAL AGENCY STATE.AGREEMENT
Location; Merced Avenue, between California & Glendora
Council reviewed Engineei's Report.
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CITY COUNCIL MINUTES.
City Attorney presented:
March 8, 1982
Page Seven
Resolution 6504 - RESOLUTION NO. 6504 - A RESOLUTION OF THE CITY COUNCIL
Supplement No. 13 to OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING SUP -
Local Agency State PLEMENT NO. 13 TO.LOCAL AGENCY STATE AGREEMENT NO. 07-
agreement 5259 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
SAID SUPPLEMENT NO 13
Motion by Tice, seconded by Chappell, and unanimously
carried to waive further reading of the resolution and
to adopt.
7) 1982-83 SEWER SERVICE STANDBY AND AVAILABILITY CHARGES -
PROPOSAL FOR CONSULTANT SERVICES
-
Location: Citywide
Council reviewed Engineer's Report.
1982-83 Sewer standby &
Motion by Tennant, seconded by Chappell, and unanimously
availability charges
carried to a) accept the proposal of PATRICK N. ROSSETTI,
PATRICK N. ROSSETTI.
Assessment Engineering Services, in the amount of $7,500
for consultant services, and b) authoirze the Mayor and
City Clerk to. -execute the agreement.
COMMUNITY DEVELOPMENT DIVISION There were no -items scheduled for this meeting.
PUBLIC SAFETY DIVISION
POLICY DEPARTMENT'
1) COMMUNITY CRIME RESISTANCE GRANT
'Council reviewed staff's.report.
City Attorney.presented:
Resolution 6505 -
RESOLUTION NO. 6505 - A RESOLUTION OF THE CITY COUNCIL
Community crime resis-
OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND
tance grant
AUTHORIZING.THE PARTICIPATION OF THE POLICE DEPARTMENT IN
A STATE GRANT PROJECT
Motion by.Tice`,, seconded by Tennant, and unanimously
carried to waive further reading of the resolution and
to adopt.
Motion by -Tice, seconded by Chappell, and unanimously
carried to appropriate $5,556.00 from unappropriated
balances.
ADMINISTRATIVE SUPPORT DIVISION
CITY CLERK
ORDERING THE CANVASS FOR
THE SPECIAL AND GENERAL MUNICIPAL
ELECTIONS
Council reviewed staff's
report.
City Attorney presented:
Resolution 6506 -
RESOLUTION NO. 6506
- A RESOLUTION OF THE CITY COUNCIL
ordering the canvass
OF THE CITY OF WEST COVINA,
CALIFORNIA, ORDERING THE CANVASS
for elections of
OF THE SPECIAL MUNICIPAL
ELECTION (MARCH 23, 1982) AND THE
3/23/82 and 4/13/82
GENERAL MUNICIPAL ELECTION
(APRIL 13, 1982) TO BE DONE BY
THE CITY CLERK
Motion by Chappell,
seconded by Tice, and unanimously
carried to waive further
reading of the resolution and to
adopt.
CITY TREASURER
NOTIFICATION PROCEDURES
ON UNPAID'PROPERTY'ASSESSMENTS
Council reviewed staff''s
report.
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CITY COUNCIL MINUTES
PTTV IMPACUP-PP (CONT)
March 8, 1982
Page Eight
Motion by Tice, seconded:by Chappell, and unanimously
Procedure on unpaid carried to adopt as"a policy that personal contact be made
property assessments with any property owner prior to the initiation of fore -
'closure if no response is received after written notification
has .been given.
FINANCE DEPARTMENT
REQUEST FOR -DEFERRED PAYMENT`- AZUSA/GARVEY PROPERTY SALE
Council reviewed staff's report.
Larry Sade & A.sso. Motion by Chappell,, seconded by Tennant, and unanimously
carried to approve the request of Larry Sade & Asso.ciates
for the. deferment of the March 18, 1982 principal payment.
CITY ATTORNEY DRUG PARAPHERNALIA ORDINANCE
Council reviewed staff's report. Further comments were
offered by the City Attorney.
Drug paraphernalia Motion by Chappell, seconded by Tice, and unanimously
carried to receive and file the report. The City Attorney
was directed to review.the drug paraphernalia ordinance
adopted by the":City.of Sacramento.
ORDINANCES FOR ADOPTION
Council reviewed staff's report.
City Attorney presented:
ORDINANCE NO. 1539 - AN ORDINANCE
OF THE CITY COUNCIL
• Ordinance 1539 -
OF THE CITY OF WEST COVINA, CALIFORNIA,
REPEALING SECTION
re subdivisions
20-53 OF THE WEST COVINA MUNICIPAL CODE
RELATING TO SUB-
DIVISIONS
ORDINANCE NO. 1540 - AN ORDINANCE OF
THE CITY COUNCIL
Ordinance 1540 -
OF THE CITY OF WEST COVINA, CALIFORNIA,
RELATING TO DANCING
re dancing
ON PROPERTY ZONED FOR COMMERCIAL, INDUSTRIAL
AND PLANNED
ADMINISTRATIVE RESEARCH USES
Ordinance 1541 -
ORDINANCE NO. 1541 - AN ORDINANCE OF
THE CITY COUNCIL
re massage parlors
OF THE CITY OF WEST COVINA, CALIFORNIA,
RELATING TO MASSAGE
PARLORS ON PROPERTY WITHIN ALL ZONES
Ordinance 1542 -
ORDINANCE NO. 1542 - AN ORDINANCE OF
THE CITY COUNCIL
re video arcades
OF THE CITY OF WEST COVINA, CALIFORNIA,
RELATING TO VIDEO
ARCADES (RECREATIONAL CENTERS, PRIVATE)
AND GAMES OF SKILL
OR SCIENCE ON PROPERTY IN ALL ZONES "
Motion by Chappell, seconded by Tice,
and unanimously
carried to waive further reading of the
ordinances. Motion
by Chappell, seconded by Tice to adopt
the foregoing ordi-
nances. Motion carried by roll call "vote:
AYES: Bacon, Tennant, Chappell, Tice,
Shearer
NOES: None
REDEVELOPMENT AGENCY MEETING Mayor Shearer suspended the City Council meeting to con-
vene the Redevelopment Agency "meeting at 10:05 PM. The
City Council reconvened at 10:07 PM.
CITY MANAGER 1).CLAIMS FOR REIMBURSEMENTS FOR "COSTS INCURRED FROM
PASSAGE.OF AB 2674 ......
Council reviewed-staff's report..
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CITY COUNCIL MINUTES March 8, 1982
Page Nine
CITY MANAGER (CONT)...a
Motion by',Chappelli seconded by Tice, and unanimously
Passage of AB 2674 carried to support -the City of Anaheim's position and
direct staff to submit a claim for reimbursement of State
mandated costs associated with Chapter 1244, Statutes of
1980.
2) LEGISLATION
Council reviewed staff's report.
Oppose AB 1743, AB 2480 Motion by Chappell, seconded by Bacon, and unanimously
and AB 2344 carried .to oppose AB 1743, AB 2480 and AB 2344 and
APPROVAL OF DEMANDS
Closed Session
ADJOURNMENT
authorize the Mayor and.,staff to communicate with
appropriate legislators.
Motion by Tice,,seconded by. Chappell to approve Demands
totaling $1,178,896.34 as listed on check registers FI
90988 through 91259. .Motion carried by roll call vote:
AYES: Bacon, Tennant, Chappell, Tice, Shearer
NOES: None
Mayor Shearer suspended the City Council meeting for the
purpose of conducting a closed session at 10:12 PM. Council
reconvened at 10:28.PM.
Motion by Chappell, seconded by Tice, and unanimously car-
ried to adjourn the meeting at 10:28 PM.
ATTEST:
ity tier
...ayor