02-26-1979 - Regular Meeting - MinutesMINUTES OF THE REGULAR
._,
MEETING OF THE CITY COUNCIL
' CITY OF
WEST COUINA9 CALIFORNIA
'
FEBRU8RY 36» 1973
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The regular meeting of the City Council was called to order at
7:30 PM by Mayor Tice in
the West Covina City Hall Couhoil
-- Chambers. The,Pledge of
Allegiance was led by.Councilman Browne;
the invocation was given
by Councilman Sheerer,ROLL
CALL
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Present:
Mayor Tioq, Mayor Pro Tom Chappell;
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Councilmen: Miller, Shearer, Browne
Others Present:
Fast» Lennard, Eliot,. Colmea /City Clerk)
Miller, Thomas, Diaz, Keating* Volmart
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Paikoff» Noniaroky; Freemon - /Tribune]
APPROVAL OF MINUTES
February lZ» 1979
Motion made by Chappell to approve
minutes of February 12» 1979; seconded
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by Shearer and carried.
CONSENT CALENDAR
;WRITT
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ss\ Frank & Kaetg Pretzl � , ^ "Written complaint re mudslides
1418 HolIenoroat Drive �� during heavy rainfall on February ll,
West Covina
March 4 8 59 1978° (Refer to Staff
Report)
,
b\ Judy Chandli»
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For Galexie Little League; request
3220 QuinOeIl Dr1vg
for peredgpermit ond waiver $59000
'West Covina.
bond and $?G°OO application fee"
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(Approved in prior years, Recommend
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approval) �
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Summary of Aotiorr' _ _
Februery21 Iv 1979.(Accept and file)
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ACC
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961 SPRING MEADnu' DRIVE
'^Looa`.^on:- Spring Meadow Drive and
ACCEPT STREET IMPROVE—
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Lark.Hill Oriva°'
MEmTS AND ON —SITE
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DRAINAGE DEVICES
Accept curb and gutter improvements
Janet Crowley
and authorize release of Cash Deposit
in the amount of $8x000" (Staff
recommends acceptance)
TRAFFIC COMMITTEE MINUTES
Review action" (Accept and file)
Roport for the Month Of January, 1979^
(Receive and file)
CITY COUNCIL
Consent Calendar
Page Two
February 26, 1979
ITEM 1-A
. Shearer noted this item is listed as
a complaint and he questioned if it
should be handled as a claim; City
Attorney a-dvised he had not reviewed
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the item but Would do so and bring it
`back to Council at their next -regular
meeting. Chappell noted that permits.
'were given -and he asked if some of these
improvements were made prior to the time
'it was annexed? City Engineer said he
did not know.
Motion
-Motion`made by Shearer, seconded by
Chappell to approve Consent Calendar
items with the exception of Item 4 -
Traffic Committee Minutes. Motion
carried on roll call vote:
AYES:
Miller, Shea'.rer, Browne, Chappell, Tice
NOES':`
'None
ITEM 4 - TRAFFIC
Darlene Patten, 1133 Terese, W.C.;
COMMITTEE MINUTES
advised s.he had been notified by the
Rowland School District principal.
that the matter of the removal of a
crossing guard was to be heard and she
was opposed to the removal of the
guard. (Explained in detail) The
City Manager stated that matter has
been held over for further study and
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staff will be in contact with the
school again and it is hoped the
school can again send out notices.
City Engineer stated in reply to a
Council question that the meeting
will be held on March 20th at 2 PM
in the Police Chiefs conference room.
AWARD OF BIDS
PROJECT NO. SP-77006 Location: Citrus and Workman Avenues.
STREET IMPROVEMENTS Bids received in the Office of the City Clerk
up to 10 AM on Wednesday, February 21, 1979,
and thereafter publicly opened and read.
Motion Motion made by Chappell, seconded by Browne,
to authorize the transfer of $8.0,000 from
Project No. TS-78005 to City Project No.
SP-77006; and to accept the bid of J.E.G.
Construction Company of Glendora for the
Base Bid plus Alternate "Atl for 5417,574.95
and authorize the Mayor and City Clerk to
execute agreement with said J.E.G.
Construction Company for the work to be done.
Motion carried on. roll. call. vo.t_e.:
• AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
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CTTY COUNCIL
Public Works
Page Three
February 26, 1979
PUBLIC WORKS
PRECISE PLAN NO. 684 Location: West side of Azusa Avenue
REV. 2 - ACCEPT COVENANT between Workman Avenue and San
. RUNNING WITH THE LAND Bernardino Freeway.
Charles R..Cricks
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RESOLUTION NO. 5866 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ACCEPTING
.COVENANT AND AGREEMENT TO.PAY.ONE-FOURTH OF
THE TOTAL COST NOT TO -EXCEED $201000 FOR
THE INSTALLATION OF.TRAFFIC SIGNALS AT
AZUSA AVENUE AND EAST GARVEY AVENUE, NORTH,
EXECUTED BY CHARLES R. CRICKS AND DORIS L.
CRICKS, AND DIRECTING THE RECORDATION THERE
OF.
Motion Motion by Browne to waive full reading of
resolution and adopt same; seconded by
Chappell. Motion carried on roll call,:vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
INTENTION OF STREET Location: South Frontage Road between
VACATION - WEST Sunset Avenue and California Avenue.
GARVEY AVENUE, SOUTH -
WEST COVINS FASHION The City Attorney presented:
PLAZA
RESOLUTION NO. 5867
ADOPTED
Motion
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, DECLARING
ITS INTENTION TO VACATE A CERTAIN PORTION
OF WEST GARVEY,.A.VENUE, SOUTH, SUBJECT TO
THE RESERVATION` AND EXCEPTION OF CERTAIN
RIGHTS AND EASEMENTS.
Motion by Browne to waive full reading of
resolution and adopt same; seconded by
Chappell. Motion carried on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
APPROVAL OF APPRAISAL 'Location: West Covina Parkway, between
REPORT - WEST COVINA California and Vincent Avenues.
PARKWAY,
Motion Motion by Shearer, seconded by Browne to
accept the Appraisal of Vernon Vorpagel for
West Covina Parkway; and authorize the staff
to open negotiations for the acquisition of
right-of-way for West Covina Parkway. Motion
carried 5-0.
MODIFICATIONS OF RATE Location: Citywide
SCHEDULES.FOR THE
SUPPLEMENTAL MAINTEN-.
ANCE AGREEMENT WITH
SIGNAL MAINTENANCE,. INC.
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CITY COUNCIL
Public Works
Page Four
February 26» 1979
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Motion Motion by Chappall^ seconded by Shearer to
approve the new rate schedules for the
Supplemental Maintenance Agreement with
` Signal Maintenance, Inc. Motion carried
on roll call vote: '
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AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
CITYWIDE STREET Location: Citywide
LIGHTING AND LAND- '
SC8PT0G DISTRICT '
1979-80 - RENEWAL The City Attorney presented: '
RESOLUTI ^ NO° 588 �`A RESOLUTION, THE CITY COUNCIL OF THE
ADOPTE�D CITY OF WEST COUINAv CALIFORNIA, ORDERING
THE CITY ENGINEER TO PREPARE AND FILE A '
REPORT IN ACCORDANCE WITH ARTICLE 4,
` CHAPTER 19 PART 2. "LANDSCAPING AND LIGHT~
� INC 8CT OF^I0211» BEING DIVISION 15P
- STREETS AND HIGHWAYS COD[ OF THE STATE OF
'. ''CALIFORNIA, ORDERING CERTAIN STREET LIGHT-
TNG FIXTURES AND APPURTENANCES TO BE
INSTALLED: ELECTRICAL ENERGY AND MAI0TEN-
A0C[ TO BE FURNISHED FOR ALL STREET LIGHTS
' THROUG-HOUT THE. CITYv AND FOR THE FURNISHING
. . OF LANDSCAPING MAINTENANCE, APPURTENANCES AND
APPURTENANT WORK IN THE CITY OF WEST CDVINA,
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! .' C0LlFORNlA: AS SHOWN ON PLAN AND DIAGRAM NO.
_'lg79-I98Ox FOR THE FISCAL YEAR COMMENCING
^'JULY It 1979 AND. ENDING 3U0E 301, 1980^
Motion 11otion by Chappell to waive full'reading of
reaoIutionand adopt same; seconded by Browne.
' Motion carried on roll oo.I vote:
AYES:` Shearer, Browne, Chappell, Tice
NOES: Miller
UOODSZDE VILLAGE LAND- Location: East of Shadow Oak Drive, west of
SCAPING MAINTENANCE Nogales, north of the southerly City limits
DISTRICT NO. 4 and east of Brentwood Drive, uoot of Azusa
/1979-1980\ RENEWAL Avenue and north of Amar Road.
RESOLUTION NO. 5869 The City Attorney presented:
' ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ORDERING
THE CITY [N[]INE[R TO PREPARE AND FILE A
REPORT IN ACCORDANCE WITH ARTICLE 4t
CHAPTER l» PART 2, nLANDSCAPING8NO LIGHTING
ACT OF'1972»^ BEING.DIVISION lGv STREETS AND
HIGHWAYS CODE OF.THE STATE OF CALIFOR0IA1
FOR THE INSTALLATION OF LANDSCAPING AND THE
MAINTENANCE THEREOF IN THE CITY OF WEST
. ' COVINA, CALIFORNZAp FOR THE FISCAL YEAR
x COMMENCING ON JULY } 1979 AND ENDING
JUN[ 3Ox I9BO^ '
Motion Motion by Browne to waive full reading of
the bodyof the resolution and adopt same;
seconded by Chappell" Motion carried on
` roll call Vote:
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CITY COUNCIL Page Five
Public Works February 26, 1979
AYES:Miller,.�Shearer, Browne, Chappell, Tice
NOES• None
PARCEL MAP NO. 10833' Location: -,Northeast corner of Meadow Road
APPROVE FINAL MAP, and East Garvey'Avenue, North.
Darryl & Roland Wlekamp
RESOLUTION NO. 5870 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE
CITY'OF WEST COVINA, CALIFORNIA, APPROVING
FINALMAP OF PARCEL MAP -NO. 10833.
Motion Motion made by Chappell to waive full read—
ing of the body of the resolution and
adopt same; seconded by Browne. Motion
carried on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES:_ None
ORAL COMMUNICATIONS
Gary Akers Representing the Automobile Club of
5941 Edmon Circle Southern California; re Territorial
Huntington Beach Rating. Stated the County'of L. A. as
well as the State is attempting to
eliminate Territorial Rating, which means
that the residents of West Covina would
see their insurance rates increased 16%
if enacted on a statewide level; if en—
acted on a countywide level it would be a
35% increase for this area — the citizens
of West -Covina would in reality be sub—
sidizing the loss experience in areas of
Los Angeles and San Francisco where the
_ra-tes are twice as high as they are here.
Councilman Shearer; Stated normally it has been his position
not to advocate a position on a matter that
did not directly affect the City; however,
in this case he felt the Council should
support the concept that rates be based on
some reasonable measure of expected losses.
Motion Motion by Shearer to oppose the proposed
changes in territorial ratings and to communi-
cate this position to our County Supervisors
and State Legislators; seconded by Chappell.
Motion carried 5-0.
Paul Barrett Re Agenda Item D - a: Leave of Absence
15855 Edna Place Without Pay - Mike Holle.
Asked the Council to take a different position
"than what the staff recommended.
(Mayor asked that staff reiterate what alter-
natives other than those listed in the staff
report were available.)
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CITY COUNCIL
Oral Communications
Page Six
February 26, 1979
Mr. Lennard Stated that the decision has already been made
City Attorney by Council and the appeal has been filed on the
Superior Court decision. Indicated Mr. Holie's
benefits have run out and unless he would return
'to'work and perform his duties, the only option
available is for the Council to grant a leave of
absence without pay.
Seth Kelsey Attorney for Mike Holle.
1600 North Broadway Indicated that another option would be an abandon -
Santa Ana ment of the Appeal.
(City Attorney agreed that was also an option.
The Mayor said Council would consider all that
has been said.)
Marsha Furst Re Island Annexations:
Indicated she had attended the meeting held by staff.
She is concerned with the loss of the rural atmosphere
of the area; the rezoning, size of the lots, sewer
requirement'and livestock requirement. (Said neigh-
bors felt discouraged and felt that the decision in
this matter was inevitable.)
Councilman Miller Expressed his disappointment in the comment and
stated he came prepared to have it held over if there
was a simple majority in opposition.
Dr. Rode Expressed his opinion that the majority of residents
are opposed to the annexation. Said he was confused
about the types of assessments for street lights and
sidewalks. Concurred with Mrs. Furst's comments re
rural atmosphere.
Jack Brady
19440 Cortez
ORAL COMMUNICATIONS CLOSED
PERSONNEL DEPARTMENT
Stated he agreed with the prior comments made; and .
what the Doctor said was especially true. Agreed that
the rural atmosphere is something they would all like
to see preserved. Upset that a vote by the residents
is not required.
Request for Leave of City Manager stated he had nothing further to add to
Absence Without Pay the Staff Report; the questions raised are legal ones
Mike Holle and since the matter is under litigation he would
defer any questions Council may have to the City
Attorney.
Councilman Shearer Indicated that the issues here, unfortunately, go
beyond the question of M.r. Holie's service to the
City for 13 years; and on that basis he felt the
decision should stand and proceed with the appeal.
Motion Motion made by Shearer, seconded by Miller to grant
Fire Captain Michael Holle a leave of absence without
pay for an indefinite period of time, not to exceed
one year, or to terminate at such time as the disability
retirement matter is resolved by the Court. Motion
-carried on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
CITY COUNCIL
BOARDS, COMMISSIONS, DEPARTMENTAL Page Seven
AND OTHER MISCELLANEOUS -ACTION ITEMS: February 26, 1979
DEVELOPMENT SERVICES
• Island Annexations Staff report presented.
The Mayor asked for a clarifi.cat"ion re the voting
or non -voting on this matter; the City Attorney
stated he woul.d have :to check this out to give an
exact opinion. However, at this point it would be
his opinion that there would not have to be another
vote to be included in the Lighting District. There
are provisions in the 1972 Act if the boundaries
were to be changed then you would have to go through
the specific provisions of amending it which would
be the same as instituting the Landscaping District
itself.
Shearer clarified with the City Attorney that in any
case, the vote (protest hearing) regarding the Land-
scaping District would be made by the Council.
COUNCIL DISCUSSION In response to a councilmanic question, the City
Attorney stated that under the Landscaping & Lighting
Act of 1972 a formal election is not required in
order for the City to install lights (include new
areas in the -district). There would, however, be
a means of protesting, substantially the same as
with the Assessment District.
• Individually each Councilman expressed a concern for
maintaining the rural atmosphere and listening to
the voice of the people should the annexation take
place. Explained their vote this evening was not
for sidewalks, street lights, etc. In the"future,
those issues would be decided on the merits of the
case at that time.
Chappell said he sits on LAFCO, however, when this
issue does come before LAFCO he will make no comments
one way or the other.
RESOLUTION NO. 5871 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST" COVINA, CALIFORNIA, INITIATING PROCEEDINGS
TO ANNEX CERTAIN INHABITED TERRITORIES PURSUANT
TO SECTION 35150 (f) OF THE GOVERNMENT CODE
(I..sland Annexations 227, 228, 229 and 230).
Motion Motion by Shearer to waive full reading of resolu-
tion and adopt,same; seconded by Miller and carried
on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
HUMAN -RESOURCES DEPARTMENT
Amendment to Contract Council received written Staff Report and copy of
for Home Improvement proposed agreement.
Program Services
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CITY COUNCIL Page Eight
BDS. COMM. DEPARTMENTAL, ETC. February 26, 1979
Motion Motion made -by Chappell", seconded by
'Shearer to -amend the contract between,
Barbara Kimble Banks and the City in—
creasing t.he.amount from $750 to S825.
• Motion carried.
RECESS CALLED AT TEN TO 9. COUNCIL MEETING RECONVENED AT FIVE TO
9 PM.
CITY ATTORNEY
ORDINANCE NO.-1427 AN ORDINANCE OF THE CITY COUNCIL OF THE
ADOPTED CITY OF WEST COVINA, CALIFORNIA, AMENDING
THE WEST COVINA MUNICIPAL CODE BY AMENDING
THE OFFICIAL ZONING MAP. (Zone.Change No.
533, Ramada Medical Corp.)
Motion Motion by Browne to waive full reading of
Ordinance; seconded by Shearer and motion
carried.
Motion by Chappell, seconded by Shearer to
adopt Ordinance. Motion carried on roll
call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
ORDINANCE NO. 1428 AN ORDINANCE OF THE CITY COUNCIL OF THE
ADOPTED CITY OF WEST COVINA, CALIFORNIA, AMENDING
• THE WEST COVINA MUNICIPAL CODE BY AMENDING
THE OFFICIAL. -ZONING MAP. (Zone Change No.
534, Steven L. Soboroff)
Motion Motion by Chappell, seconded by Browne to
waive full reading of the Ordinance.
Motion carried.
0
AYES:
NOES:
ORDINANCE NO. 1429
ADOPTED
Motion
Motion by Chappell, seconded by Shearer
to adopt said Ordinance. Motion carried
on roll call vote:
Miller, Shearer, Browne, Chappell, Tice
None
AN ORDINANCE OF THE CITY COUNCIL OF THE_
CITY OF WEST COVINA, CALIFORNIA, AMENDING
PART IV OF CHAPTER III OF THE.WEST COVINA
MUNICIPAL CODE RELATING TO THE MEMBERSHIP
OF THE HUMAN RESOURCES COMMISSION.
Motion by'Browne, seconded -by Shearer to
waive full reading of Ordinance. Motion
carried.
Motion by,Browne, seconded by Shearer to
adopt Ordinance. Motion -carried on roll
call.vote•
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
AT 9 PM THE MAYOR RECESSED THE COUNCIL MEETING FOR THE PURPOSE OF
CONDUCTING THE -REDEVELOPMENT AGENCY MEETING, 'COUNCIL RECONVENED AT
9:01 PM.
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CITY COUNCIL
'TRAFFIC COMMITTEE
MINUTES
CITY MANAGER AGENDA
NEW CETA — PERSONNEL
& ADMINISTRATION
GUIDELINES
Page `N i ne
February 26, 1979.
Motion by Miller, seconded by Shearer to
approve the Traffic Committee Minutes.
Staff report presented.
Motion Motion by Shearer, seconded by Browne
in accordance with Resolution No.-5844
-Council concurs with the New CETA—P6rsonnel
and.�.Administratian Guidelines`,as--,set forth.
COUNCIL DISCUSSION Chappell commented that the monthly salar- ies
are -ridiculous and i t i s impossible _ to expect
people to live. on i.n the 'OalifOrnia.area.
Understands,-.tha-t-th-e,, federal government
would like to see these jobs not filled but
feels it is'sad that the backdoor approach
is used t'o eliminat.e this program.
Shearer agreed but hoped there are still
people in the communitywho would make out
almost as well on welfare but -would still
prefer to be gainfully employed. Council
asked for a -monthly report on the filling
of these positions.
Motion carried 5-0.
INTENTION TO INCREASE Staff report presented.
SALARIES FOR CITY
EMPLOYEES
Motion
Motion by Shearer, seconded by Chappell
to authorize staff to prepare the necessary
resolution granting a 4 percent salary
increase effective February 16, 1979 for
employee members of the Police, General
and SEIU groups and to bring back such
resolution for action on March 12, 1979.
Motion carried on roll call vote:
AYES:
Miller, Shearer, Browne, Chappell, Tice
NOES:
None
REQUEST FOR
Motion by Shearer, seconded by Chappell
ASSISTANCE WITH LAW
to approve a $250 contribution to the
SUIT FILED AGAINST
City of Arcadia for —the —cost of legal
CITY OF ARCADIA
fees associated with the lawsuit filed
(Staff Report)
by People's Advocate, Inc. and the
Arcadia Tax Reform Committee. Motion
carried on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
PERSONNEL CONSULTANT Motion by Shearer, seconded by Browne to
CONTRACT approve the agreement with William
(Staff Report) Hamilton & Associates and authorize the
Mayor to sign the contract. Motion
carried on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
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CITY COUNCIL
City. Manager Agenda
Page Ten_
February 26, 1979
LEGISLATION Motion by Shearer, seconded by Diller
(Staff Report) to support the proposed legislation and
authorize the Mayor to correspond.with
the appropriate legislators. Motion
carried 5-0.
IUVITATION - City Manager advised that the Mayor was-"t.he_ only
(President Carter) person �invi_ted__due._to the_lack of room (prior phone
call from County..had_i-nvited .a11__council members).
MAYOR'S REPORTS Reminded Council the baseball season is
now opening and he would like to have
some indication of the coverage that
Council members will be doing. Councilman
Miller has indicated he will be attending
a-ll of the openings.
AB558 Assemblyman -Lancaster i.ntroduced.AB558 - a
bill to give another 3/4-� of the sales
tax to the cities. ,Sug9est-ed_ we. consider -
supporting this:,leg_islat.i.on. Counc_il._ag.reed;
City Manager will review_legislat.i-on a.ndprovide_
-Council with a , r:epor_.t
COUNCILMEN'S REPORTS/
COMMENTS
Shearer stated he was satisfied with the
information contained in the report re
number of dogs picked up.
Chappell reminded Council he is running
for 'reelection on LAFCO - the meeting is
;Thursday.
(lotion Motion madeby Shearer, seconded byBrowne
'to support Councilman Chappell in his re-
�.election,.efforts as an alternate to LAFCO.
Motion: carried. w
APPROVAL OF DEMANDS '' Moti'on•b'y;,Chappell, seconded by Browne to
approve Demands totalling SB93,299.98 as
listed on UCB Registers 72119 and 72320.
Motion carried on roll call vote:
AYES: Miller, Shearer, Browne, Chappell, Tice
NOES: None
EXECUTIVE SESSION Council convened at 9:16 PM to an
Executive Session; reconvened at 9:30 PM.
ADJOURNMENT Motion made by Chappell, seconded by
Shearer and carried to adjourn meeting at
9:30 PM.
-APPROVED:
ATTEST:-
MAY
C'Gc�u�
City Clerk
- 10.-