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05-22-1989 - Regular Meeting - MinutesM I N U T E S WEST COVINA CITY COUNCIL REGULAR MEETING May 22, 1989 • The regular meeting of the West Covina City Council was called `to order at 7:30 pm by Mayor Bacon in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The Pledge of Allegiance was led by Mayor Pro Tem Lewis and the invocation was given by Father Ray Smith of St. Martha's Episcopal Church. ROLL CALL Mayor Bacon, Mayor Pro Tem Lewis, Councilmembers McFadden, Tarozzi Absent: Councilember Manners Others Present: Fast, Lennard, Miller, Thomas, Eliot, Wylie, Lucke, Haley, Jones, Glover, Collier, Verata, Koniarksy, McClelland, Mayer, Keating, Panas, Urban, Bommarito, Murphy; Berry APPROVAL OF MINUTES. Councilmember McFadden desired the motion contained in the May 1st meeting,to reflect'the'.levels of services provided by the'City should not be changed pursuant"to his recommen- dation." Motion by Lewis,.seconded by Tarozzi, and unanimously carried to approve the minutes of the May 1, 1989, adjourned regular meeting, as noted above, and the minutes of the regular meeting held May 8; 1989. • HEARING ZONE CHANGE NO. 622 - JOHN MESSINA - NEG. DEC. 104 SOUTH'GLENDORA AVENUE Mayor Bacon explained Council would consider,a zone change Zone Change 622 and certification of the corresponding Negative Declaration of Environmental Impact for an approximate 5,000 sq. foot parcel at,104 S. Glendora Avenue. City Clerk Berry verified the affidavit of mailing and publication. Mayor Bacon opened the hearing and the staff report was presented by Planning Director Haley. Public Mayor.Bacon opened the public testimony portion of the —Testimony hearing and asked for comments favoring the zone change. none No one addressed Council. He then asked for comments opposing Public Testimony closed the zone change and again no one addressed Council. Mayor — — — — — — — — — — — — Bacon closed the public testimony portion of the hearing. City Attorney presented: ' Resolution 8335 - RESOLUTION NO. 8335 - A RESOLUTION OF THE CITY COUNCIL approving Neg. Dec. OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING.THE NEGATIVE. DECLARATION. OF ENVIRONMENTAL IMPACT FOR ZONE CHANGE NO. 622, PRECISE PLAN NO. 815 AND A VARIANCE NO. 9.19 (John Messina) Motion by Lewis, seconded by Tarozzi, and unanimously . carried to waive further reading of the resolution and adopt. City Attorney presented: • Ordinance introduced - . .AN ORDINANCE OF -THE CITY COUNCIL OF THE CITY OF WEST Zone Change 622 COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY AMENDING THE OFFICIAL ZONING MAP (Zone Change No. 622 - Johh Messina) Motion by Tarozzi, seconded by McFadden, and unanimously carried to waive further reading of the ordinance. Motion by Tarozzi, seconded by McFadden, and unanimously carried to introduce the ordinance. - 1 - CITY -COUNCIL MINUTES May 22, 1989 Page Two HEARING PROPOSED MAINTENANCE STANDARDS -FOR BUILDINGS, AND STRUCTURES IN ALL RESIDENTIAL AND NON-RESIDENTIAL ZONES (Amendment No. '225) • .Mayor Bacon explained that the proposed amendment would Amendment No. 225 establish minimum maintenance standards for buildings and . structures in residential and non-residential zones. City Clerk Berry verified the affidavit of publication. . Mayor Bacon opened the hearing and the Planning Director presented the staff.report with slides of subject problems and the impact"on neighboring homes. City Clerk Berry stated that one written communication., had been received on May 17, 1989, favoring the adoption of the amendment -as proposed byestaff. The letter was sub- mitted by Katherine•and Joseph,'Castucci, 430 S. Pima Avenue. Public_Testim_ony Mayor Bacon opened the public testimony portion of the In Favor: - I hearing and asked :for comments favoring the amendment. The Frank Taormina following individual addressed Council: In Opposition: . Frank Taormina, 2714 Altamira Circle Mayor Bacon asked for comments. opposed to the amendment . none and no one addressed Council; He then closed the public Public -Testimony -closed testimony portion of the hearing. -. - `City .Attorney presented: �. AN -"ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST Ordinance introduced > COVINA,. CALIFORNIA,'AMENDING THE WEST COVINA MUNICIPAL CODE Amendment 225 `BY AMENDING CHAPTER 26, ARTICLES"VIII, IX, AND X, AS IT RELATES TO THE MAINTENANCE OF BUILDINGS AND STRUCTURES IN ALL RESIDENTIAL AND NONRESIDENTIAL ZONES (Amendment No. • 225) - Motion by Tarozzi, seconded by Lewis,.and unanimously carried to -waive further reading of the ordinance. Motion by Tarozzi, seconded by Lewis, and unanimously carried to introduce the ordinance. '. HEARING CITYWIDE SEWER STANDBY AND AVAILABILITY CHARGES - 89/90 - RATE AND METHOD OF COLLECTION .Citywide sewer standby Mayor Bacon explained :that the hearing has been set to hear & availability charges . protests or objections against the me'thod,of collection for (89/90) the citywide sewer standby and availability.charges. City Clerk Berry verified the affidavit of publication. Motion by Lewis, seconded by McFadden, and unanimously car- ried to receive and file the affidavit. Mayor Bacon opened.the hearing and the staff report was - - presented by City Engineer Thomas. 'City Clerk Berry stated , . that no written protests or,.objections had been received. ' Public Testimony Mayor Bacon.'opened the"public testimony portion of the hearing and asked for-'verbal"'objections. No one addressed . none the Council and he closed the public testimony portion of Public Testimony_ closed the hearing.,-,.�. • '. - "' City -Attorney presented: RESOLUTION NO. 8336 - A RESOLUTION OF THE CITY COUNCIL Resolution 8336 - OE THE CITY OF..WEST COVINAtALIFORNIA, AUTHORIZING THE • method of"collectionf COLLECTION OF THE ANNUAL SEWER STANDBY AND AVAILABILITY .-through County tax.bill CHARGE THROUGH THE COUNTY GENERAL TAX BILL Motion by Lewis, seconded.by McFadden, and unanimously carried to waive further reading of the resolution and to adopt. - 2 - CITY COUNCIL MINUTES May 22, 1989 Page Three AGENDA AND ORAL COMMUNICATIONS Frank Barbagallo, 1023 Hooper Drive, author of the written • Frank Barbagallo communication regarding Maintenance District No. 6; addressed Item D-2 of the same subject, with several counterpoints to those outlined in the staff report. Mark Draper, 1027 Hooper Drive, stated he was not in total agreement with the written communication re MD 6 and was Mark Draper looking forward to the response and disposition of the matter. Fred Burkhardt, Executive Director of the of the West C6vina Chamber of Commerce, encouraged Council's approval of.the request to use the courtyard area for the Queen of the Valley's Fred Burkhardt fundraiser. John Dickies' 916 S. Heritage, complained about the land - John Dickie scaping in his area (Item D-2). Pamela de Armas, 947 S. Heritage, felt the landscaping next Pamela de Armas to the homes on MD 6 was a fire hazard. Mayor Bacon thanked the audience for their comments and noted that their concerns would b'e addressed when the•item came before Council for discussion. CONSENT CALENDAR Written Communications Letter received from Frank Barbagallo on May 8, 1989, • regarding Maintenance District.No. 6. (refer to Agenda Item No. D-2). Letters received on May 11, 1989 from Margaret Moon and Marguerite Swafford regarding the.'parking of recreational vehicles on residential streets.,,(refer to Traffic Committee). Commission Summari of Actions (receive and file) Planning Commission May 17, 1989 Personnel Commission April 13, 1989 & May 3, 1989 ABC Applications (Chief of Police reports no legal basis for protest) . International Kings Table, Inc.-dba KINGS BUFFET 2451 S. Azusa Avenue John Richard Sears dba BAKERS'S SQUARE 132 N. Grand Avenue Claims for Action (Denyand notify claimant) Lawrence C. Jones filed a claim on February 24, 1989 for property damages. Eric D. Loyd filed a claim on March 31, 1989, for personal • injuries. Safeco Insurance Company filed a claim on April 24, 1989, for property damages amounting to $18,859.80. " Approval of Final Map Parcel Map 19410 - Pacesetters, Inc. Resolution 8345 - RESOLUTION No. 8345 - A RESOLUTION OF THE CITY COUNCIL Parcel Map 19410 OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 19410 3 - CITY COUNCIL MINUTES SP' 89102 - White Construction Co.,' May 22, 1989 Page Four Temnorary Use Permits (receive and file) TUP #1880-89 was issued to Best Products; 501 S. Vincent, for a sidewalk sale on May 27 - 29, 1989. .TUP #1881-89 was'issued`to Reynolds Buick, 345 N. Citrus, for balloons -on May 13 - 14, 1989. Acceptance of'Improvements and/or Release of Bonds SP 89102 - Curb and Gutter Repair,- White Construction: Staff recommends accepting curb and gutter'repairs and authorizing release of Explorer Insurance.Company Faithful Performance Bond No. 1126863 in,the amount of $42,756.00.. •Miscellaneous'Public Works a) West Cobina'Landscaping MD.No.,4 (89/90) RESOLUTION NO. 8337 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY .OF WEST COVINA, CALIFORNIA, APPROVING THE Resolution 8337'-.. REPORT OF THE CITY.ENGINEER MADE PURSUANT TO THE RE approving the report QUIREMENTS OF RESOLUTION NO. 8313 (West Covina Land- scaping Maintenance District No. 4 89/90) RESOLUTION NO. 8338 1 A RESOLUTION OF THE CITY COUNCIL Resolution 8338 - OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS setting hearing -for INTENT ION TO ORDER CERTAIN'MAINTENANCE.OF EXISTING LAND_ 6/26/89 SCAPING IN THE DESIGNATED'AREAS, REPLACEMENT AND MODIFI- • CATION OF SAID LANDSCAPING AS IT BECOMES NECESSARY WITHIN WEST COVINA LANDSCAPING MAINTENANCE DISTRICT NO. 4 FOR THE FISCAL YEAR BEGINNING JULY 1, 1989, AND APPOINTING A TIME AND.PLACE FOR HEARING PROTESTS IN RELATION THERETO (Public•Hearing: June 26; 1989 - City of West Covina -.Landscaping Maintenance District No. 4 - 89/90) b) West Covina Street Lighting and Landscaping Maintenance District;No.'1989/1990 Resolution-8339 - RESOLUTION'NO. 8339 - A RESOLUTION OF THE CITY COUNCIL approving the report. OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE RE- QUIREMENTS OF RESOLUTION NO. 8312 (City of West Covina Street Lighting and Landscaping Maintenance District No. 1989/1990) Resolution 8340 '- RESOLUTION NO. 8340 - A RESOLUTION OF THE CITY COUNCIL setting hearing for OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS 6/12/89�i`-?, INTENTION TO ORDER CERTAIN. STREET LIGHTING FIXTURES AND APPORTENANCES,TO BE INSTALLED, MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES AND TO ' ORDER CERTAIN.LANDSCAPING TO BE INSTALLED AND MAINTAINED FOR THE FISCAL YEAR ,BEGINNING JULY 1, 1989, AND IN RELATION THERETO (Public Hearing: June 12, 1989`- City a of.West. Covina ,Street Lighting and Landscaping Main- tenance District No: 1989/1990) Traffic Committee Minutes (accept and file) Minutes of the regular meeting of. May 9, 1989. Ordinance for Aaoption (waive reading and adopt) ORDINANCE NO. 1814 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO - 4 - CITY COUNCIL MINUTES' May 22, 1989 -Page Five - THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF WEST COVINA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC. EMPLOYEES' RETIREMENT SYSTEM • City Treasurer's Report .(.receive and file) Report for, the month of April'; 1989. Item removed from Mayor Bacon removed Written Communication Item C-la (re MD 6) Consent Calendar" , to be considered concurrently with Item D-2. CONSENT CALENDAR MOTION Motion by Tarozzi, seconded by Lewis to waive further reading of the ordinance and resolutions and to adopt, and to approve all other items; except the one mentioned above. Motion carried by roll call vote: AYES: McFadden, Tarozzi; Lewis, Bacon NOES: None ABSENT: Manners PUBLIC WORKS DIVISION, 1) PP 89205 - LANDSCAPE ARCHITECT CONSULTING SERVICES FOR GEMINI AND KIMBERLY DRIVE OPEN SPACE AREA Council reviewed the Engineer's Report. -PP 89205 - - Motion by Lewis., seconded by McFadden, aid unani- Environmental Images mously carried to a) establish PP 89205, b) authorize the transfer of $5,500 from.MP 87111 (181-320-3713- 7900) to PP 89205 (181-320-3919-7900), and c) accept the proposal of Environmental Images, Landscape • Architects,,,Orange, dated"May 9, 1989, in an amount t ',',,-not to exceed-$4',100��and authorize the Mayor and City Clerk,to execute' -the contract,. 2),• LANDSCAPE•MAINTENANCE DISTRICT NO. 6 - STATUS REPORT i! "City -Engineer Thomas ela$orated on the staff report discussing the reasons for establishment, past history, Landscape Maintenance "iand'current;status••of,'the maintenance district. He District No. 6 - ' "' noted the first landscaped areas in Maintenance Dis- status,report trict No.'6 were to be turned over to .the City on July 5th and that the required hearing on setting the rates for the 1989/90 assessment roll is scheduled for July 10, 1989. Council discussed the need.to digest the reports submitted by both the City Engineer and -Frank Barbagallo and concurred that if the matter were held over until June 26, they would still have time'to give direction to staff forthe'scheduled'hearing., Motion by Tarozzi, seconded by Lewis-, and unani- mously carried to hold over the matter until`the June 26 Council meeting. In the meantime, staff is to pre- pare a response to the questions raised by Council on this issue. ' Recess Mayor Bacon called a recess�at 9:15 pm. The City Council . meeting was,reconvened with Councilmember McFadden absent. Councilreconvened at 9:23 pm. " COMMUNITY'SERVICES DIVISION OFFICEOFCOMMUNITY'SERVICES'_. - - - 5 - CITY COUNCIL MINUTES' May 22, 1989 •. - Page Six 1) CITY OF,WEST COVINA'S'COMMUTE MANAGEMENT PLAN. Council reviewed the staff report. . Commute Management Plan Motiom by Lewis, seconded::by Tarozzi, and unani- ' mously carried (with Manners and McFadden absent) to approve ,the Commute. Management Plan as delineated *in the staff report and'°authorize staff to submit said plan to the Air Quality Management District for approval-. - Councilmember McFadden arrived at 9:25 pm. 2) MAXIMUM LANDFILL DISPOSAL RATES ..' '. Council reviewed the staff report. - ' City Attorney presented: Resolution 8341 - RESOLUTION -NO. 8341.- A RESOLUTION OF THE.ChTY maximum landfill disposal COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, rates REPEALING RESOLUTION NO. 7210 AND RESOLUTION 5772 AND REESTABLISHING THE PROCEDURES FOR SETTING THE MAXIMUM RATES FOR NONHAZARDOUS WASTE DISPOSAL AT THE BKK LANDFILL IN THE CITY OF WEST COVINA Motion by Tarozzi, seconded by Lewis,, and unani- mously carried to waive further reading of the reso- lution.and to adopt. „ 3) AUTOMATED REFUSE SERVICE AND CURBSIDE RECYCLING Council reviewed the staff report. Mayor Pro Tem Lewis Automated refuse service suggested that during field investigations by staff, and curbside recycling contact •be made with users as well as the providers. • Motion,by Lewis; seconded by McFadden, and unani- mously carried to receive the -proposed operational plans for curbside recycling and automated refuse ' - service from West CovinaDisposalCompany and refer .the proposals to the Waste Management and Environmental Quality'Commission and staff for analysis, review and recommendation to the City Council% PLANNING DEPARTMENT ' 1) REVISED GUIDELINES AND PROCEDURES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA Resolution) - Council reviewed the staff report. City Attorney presented: Resolution 8342 _ RESOLUTION NO. 8342 - A RESOLUTION OF THE CITY CEQA guidelines &'procedures COUNCIL OF THE CITY OF WEST,COVINA, CALIFORNIA, REPEALING•RESOLUTION 6455 AND ADOPTING PROCEDURES TO IMPLEMENT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT - -- Motion by•Tarozzi,'seconded by McFadden,.and unani- mously carried to waive further reading of the reso- lution and to adopt. OPERATIONALSERVICES DIVISION • PERSONNEL SERVICES 1) EXTENSION OF LEAVE OF ABSENCE WITHOUT PAY - PATRICK N: DUGGAN Council reviewed the staff report. _ 6 _ .:.�4 7. .d' ..gyp •��, .. CITY COUNCIL MINUTES May 22; 1989 Page Seven Patrick.N. Duggan Motion by Lewis, seconded by McFadden, and unani mously carried to grant Patrick N. Duggan a 183 day leave of absence without pay from May 2, 1989 through October 31, 1989. PUBLIC•SAFETY DIVISION POLICE DEPARTMENT 1) EXTERNALS ODIC) COMPUTER SYSTEM .Council reviewed the staff report. JDIC Computer System Motion by"Tarozzis; 'seconded by Lewis, and unani- ''' 1, mously-carried to authorize the.Police Chief to sign an agreement with the County of Los Angeles to com- ;,,. .,plete a system=to=system computer interface. 2) NATIONAL SAFETY COUNCIL AWARD Council reviewed the staff report. Motion by Lewis, seconded by Tarozzi, and unani- mously'carried to receive and file the informational report. FISCAL SERVICESDIVISION No items scheduled for this meeting. REDEVELOPMENT AGENCY MEETING - Mayor Bacon recessed the City Council meeting to con- vene the Redevelopment Agency meeting at 9:32 pm. He reconvened the City Council,.meeting at 9:41 pm. WEST COVINA COMMUNITY INFORMATION, INC. MEETING Mayor Bacon recessed the Cify.Council'meeting at 9:41 pm to convene the West Covina Community Information, Inc. annual meeting. The City Council.meeting reconvened.' at 9.43 pm with a11. members' present. CITY MANAGER 1) FAIR SHARE OF FEDERAL RESOURCES FOR DRUG ENFORCEMENT Council reviewed the staff ,report. City Attorney presented: Resolution 8343 - RESOLUTION NO. 8343 - A RESOLUTION OF THE.CITY Federal resources for drug COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REGARDING enforcement THE REALLOCATION OF FEDERAL RESOURCES FOR DRUG•ENFORCE- MENT Motion by Tarozzi,' seconded by McFadden, and,unani- mously carried to waive further reading of the reso- lution and to adopt. _ 2) LEGISLATION * Council reviewed the. staff report, • Legislation Motion by Tarozzi, seconded by McFadden, and unani- mously carried to oppose.AB.145, AB 2009, and support AB 1092. " 3) WATER WELLS ON•CITY-PROPERTY Council reviewed the staff report. Motion by Lewis, seconded by McFadden, and unani- mously carried to a) grant permission to Valencia - Heights Water Company to file an application for a CITY COUNCIli,MINUTES May, 22,,1989 - Page Eight use permit `for 'water.well's on the City -owned property ValenciaHeights [dater Co: located, east' -of Barranca•Street and south of Walnut water wells' Creek Channel; .and b) authorize staff to'.:develop the easement documents' -to allow access to and use of the •. • northeast corner of the -'subject property by 'Valencia' ' - - Heights Water,.Company for .water well purposes.. " 4) CIVIC CENTER COURTYARD Council're'viewed the staff report.. - City Attorney. presented:. - - - - ` Resolution 8344=- RESOLUTION,NO: 8344 - A'RESOLUTION.OF THE CITY QVH -.'courtyard, usage9 COUNCIL OF THE''CITY.'OF WEST COVINA, CALIFORNIA, APPROVING TM -USE OF THE CIVIC.CENTER COURTYARD BY ,. THE QUEEN OF'THE-VALLEY FOUNDATION ON JULY 15, 1989 Motion by Tarozz`i,. seconded by Lewis, and unani ' mously.carried to.waive further -reading of the reso- luti'on, and. adopt-. ? 5) BUDGET WORKSHOP, .(ORAL REPORT), .' City Manager, Fast suggested:some, dates for Council's Dates reserved for budget workshops.` Council concurred -on reserving . budget workshop June 19, Jun' and June 21 at,6 30.pm to discuss' the 1989/91 operating budgets. June 19 will also in a joint meeting with'the Chamber of Commerce. ' • APPROVAL',OF:.DEMANDS,:,, Motion. by Lewis,, seconded.by McFadden to approve Demands . totaling-$1,957,239.37 as,-fiste-d on Check Registers FI -' 106737 through 107072.,•Motion carried by,roll call vote: --AYES: Tarozzi;. McFadden,�-.Lewis,,.Bacon , NOES: None' ABSENT: "'.fanners ' ORAL COMMUNICATIONS Frank Barbagal`lo„ 102-3,Hooper Street, .stated that his comment. regarding Maintenance District 6 also:apply'to Maintenance Frank Barbagallo District 4, - Herman Wes,kamp, director of the Valencia Heights Water Com- Herman Weskamp pany,explained,the need for proposed'water wells (Item L-3).' Frank Taormina,`.2714 Altamira Circle; requested Council to ' -, ..•. '. •consider,a north/south`'bus,service,. especially to Puente " Frank Taormina Hills -Mall. , Mayor Bacon noted staff has already'beeninstructed' to review that possibility.. _-MAYOR'S.REPORTS Proclamation. . - - 4. '� ,:-Mayor Baconyproclaimed•May 21g'27' as PUBLIC WORKS WEEK Mayor Bacon announced that President Busch has asked for a Flag Day Ceremony, ,. concurrent Pledge. -of Allegiance\at 4:00 pm across'the nation .r 4 3 i in'celebration of F•1ag Day oci:J,une 14, 1.989. `COUNCILMEMBERS: REPORTS,t•Mayor,`Pro Tem;Lewis,re'ported'�on'the Older American - Recognition Day.luncheon and i..two worthy escorts, Tina Lewis Daniels,and'Betty,Lutes: - 8 • 11 d CITY COUNCIL MINUTES. May 22, 1989 Page Nine McFadden Manners Closed Session Councilmember McFadden suggested including articles regarding recycling ,and automated refuse collection into the City's newsletter. He also requested a report on possible leachate with the proposed expansion of the Azusa landfill. In regards to the recently hired consultants of Naielson, Levander, Whitney, .Inc., he hoped to meet with them and ask questions. Councilmember McFadden also reported on the latest meeting of the San Gabriel Valley Assocation of Cities. 'Mayor Bacon.noted that Councilmember Manners requested that' Council consider a Resolution of Commendation for Mary Letourneau,. recipient of the Coordinating Council's Youth of the Year Award., Mayor Bacon instructed staff to place the matter on the next Council agenda. City Attorney Lennard recommended the City Council recess to a closed session to confer and receive advice from Counsel on pending litigation entitled Tolleson vs West . Covina, pursuant to Section 54956.9(a). Mayor Bacon recessed the City Council,meeting at 10:05 pm upon recommendation of the City Attorney. He noted that Council would not•take any action upon re- convening. ADJOURNMENT Council reconvened at 10:34pm..-Moti6n by Lewis, --seconded by McFadden, and unanimously carried to adjourn the meeting at 10:34 pm. ATTEST: City Clerk Janet Be Myor Robert Bacon M 9 -