03-18-1997 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
March 18,1997
Is The regular meeting of the West Covina City Council was called to order by Mayor Wong at 7:38
p.m. in the City Hall Council Chambers, 1444 West Garvey Avenue, West Covina, California,
91790. The invocation was delivered by Dr. Kundan L. Peter of the West Covina United Methodist
Church and the Pledge of Allegiance was led by Councilmember Touhey.
ROLL CALL Mayor Wong, Mayor Pro Tern Melendez, Councilmembers Herfert,
Howard, Touhey
Others Present Starbird, Wylie, Buchanan, Miller, Samaniego, Glover, Greene,
Collins, Panas, Collier, Compean, Martyn, Frasca-Williams,
Alcaino, McIsaac, Dunlap, Yoshizaki, Palkhiwala, Tong, Fong,
Miyasato, Mayer, Distelrath
APPROVAL OF MINUTES
Motion by Herfert, seconded by Touhey to approve the minutes of
the following meetings:
Special meeting of February 4, 1997
Special meeting of February 10, 1997
Special meeting of February 18, 1997
Special meeting of March 11, 1997
Motion carried 5-0.
PRESENTATIONS/PROCLAMATIONS
Presentations City Manager Starbird and Mayor Wong presented Accounting
Manager Margie Tucker with two awards for Outstanding Financial
Reporting and Budgeting for FY 1995-96.
Proclamations Mayor Wong presented the Children In Health Care Week
proclamation to Kathy Van Allen of Citrus Valley Health
Partners/Queen of the Valley Campus
Mayor Wong presented proclamations for Community
Development Week and National Fair Housing Month to Human
Services Director Cindy Collins.
Tina Daniels and Fran Andreozzi of West Covina Beautiful reported
on Arbor Day and presented Mayor Wong with the Tree City USA
flag.
HEARINGS General Plan Amendment No. I-97-28 - Zone Change No. 652 -
Negative Declaration of Environmental Impact
Applicant: Bishop Building Company
Location: 1250 S. Sunset Ave., 1225 & 1231 S. Shadydale
Ave.
. Zone Change 652 Deputy City Clerk Buchanan verified the proof of
publication. Staff report was presented by Planning Director Jeff
Collier.
Public testimony Gene Bishop, Bishop Building Company, spoke in favor of
the Zone Change.
Frank Nixon, 1236 S. Shadydale Avenue, stated that he was
not really opposed to the Zone Change, but was concerned about the
maintenance of the undeveloped property.
City Council Minutes
March 18, 1997
Planning Director Collier responded to Mr. Nixon's Code
Enforcement concerns.
Hearing closed Mayor Wong closed the public hearing.
Council comments Councilmember Herfert suggested a neighborhood barbecue,
It partially funded by the developer, to inform and update the residents
on the development of the property.
Resolution No. 9419 -
Deputy City Clerk Buchanan presented:
Negative Declaration of
RESOLUTION NO. 9419 - A RESOLUTION OF THE CITY
Environmental Impact
COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, CERTIFYING THE NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR
GENERAL PLAN AMENDMENT NO. I-97-28 AND ZONE
CHANGE NO.652, TENTATIVE PARCEL MAP NO.24625,
AND VARIANCE NO.1018 PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
OF 1970, AS AMENDED.
And
Resolution No. 9420 -
RESOLUTION NO. 9420 - A RESOLUTION OF THE CITY
General Plan
COUNCIL OF THE CITY OF WEST COVINA, APPROVING
Amendment No. I-97-28
GENERAL PLAN AMENDMENT NO. I-97-28.
Council Action
Motion by Touhey, seconded by Melendez to waive further
reading of the resolutions and adopt. Motion carried 5-0.
Ordinance introduced Deputy City Clerk Buchanan presented:
Zone Change No. 652 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, APPROVING ZONE
CHANGE NO.652.
Council Action Motion by Touhey, seconded by Howard to waive further
reading of the ordinance and introduce. Motion carried by roll call
vote:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
HEARINGS Code Amendment No. 275 Wireless Telecommunication
Facilities Ordinance - Negative Declaration of Environmental
Deputy City Clerk verified the proof of publication. Staff
report was presented by Planning Director Jeff Collier.
Code Amendment No. 275 Mayor Wong opened the public hearing and called for public
Public Testimony testimony. There being none, the hearing was closed.
Mayor Pro Tem Melendez cited the benefits of this
Council comments ordinance.
Councilmember Herfert concurred with Mr. Melendez. In
addition, he stated his concern regarding school sites. He noted that
he did not want the proliferation of antennae on school sites.
. Resolution No. 9421 - Deputy City Clerk Buchanan presented:
Negative Declaration of RESOLUTION NO. 9421 - A RESOLUTION OF THE CITY
Environmental Impact COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, CERTIFYING THE NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR
CODE AMENDMENT NO. 275 (WIRELESS
TELECOMMUNICATIONS FACILITIES ORDINANCE)
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT OF 1970, AS AMENDED.
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March 18, 1997
Council Action Motion by Herfert, seconded by Melendez to waive further
reading of the resolution and adopt. Motion carried 5-0.
Ordinance introduced
Deputy City Clerk Buchanan presented:
Code Amendment No. 275
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN
SECTIONS OF CHAPTER 26 (ZONING) OF THE WEST
COVINA MUNICIPAL CODE RELATING TO RECEPTION
AND TRANSMISSION ANTENNAS (CODE AMENDMENT
NO.275: WIRELESS TELECOMMUNICATIONS
FACILITIES ORDINANCE).
Council Action
Motion by Howard, seconded by Touhey to waive further
reading of the ordinance and introduce. Motion carried by roll call
vote:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
HEARINGS
Code Amendment No. 277 - Administrative Use Permits
Deputy City Clerk Buchanan verified proof of publication.
Staff report was presented by Planning Director Jeff Collier. Mayor
Public Testimony
Wong opened the public hearing and called for any public testimony.
Lollie Bergman, West Covina, spoke in favor of the process
but raised concerns on imposing more regulations than are needed.
Hearing closed
There being no further public testimony, Mayor Wong
closed the public hearing and called for Council discussion or
comments.
Council comments
Councilmember Herfert stated that he wants a standardized
300' radius notice for all issues.
Ordinance introduced Deputy City Clerk Buchanan presented:
Code Amendment No. 277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN
SECTIONS OF CHAPTER 26 (ZONING) OF THE WEST
COVINA MUNICIPAL CODE TO INCORPORATE
REGULATIONS FOR AN ADMINISTRATIVE USE PERMIT
PROCEDURE. (CODE AMENDMENT NO. 277)
Council Action: Motion by Herfert, seconded by Touhey to waive further
reading of the ordinance and introduce. Motion carried by roll call
vote:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
AGENDA AND ORAL COMMUNICATIONS
Lollie Bergman Lollie Bergman, West Covina, (Item F-1), suggested that
other properties should be included in the annexation, and that
applicant shouldn't have to pay processing costs.
Iris Delameter Iris Delameter, West Covina, (Item G-IV), stated that she
doesn't think this concentration of low-income units serves the
neighborhood or the project well.
Mario Sustayta Mario Sustayta, 1863 N. Gretta Ave., Valinda, (Item F-1),
. annexation applicant, commented on reasons to annex. He noted
that he is willing to bear reasonable costs to annex and he thought
that other Valinda residents will want to annex also.
Robert Lujan Robert Lujan, 217 N. Sunset, #101, addressed problems at
the Oasis Apartments. He sought the City's assistance in solving
parking problems at complex.
K. L. Schoonover K. L. Schoonover, 312 S. Beverly Drive, Beverly Hills,
referenced her claim against the City regarding a police incident in
which some of her personal property has not yet been returned.
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Ron Hansel Ron Hansel, 307 N. Astell Ave., presented a petition
regarding parking in front of a local school when dropping off
children. He requested the Council consider installing sidewalks in
the area.
Lollie Bergman Lollie Bergman, West Covina, asked questions about the
First -Time Home Buyer Program and expressed concerns regarding
the Executive Lodge.
RECESS Mayor Wong recessed the City Council meeting at 9:39 p.m.
for a short break. The Council meeting reconvened at 9:53 p.m. with
all members present.
CONSENT CALENDAR
Items pulled for separate The following items were pulled from the Consent Calendar
action for separate consideration: Items C-1, C-6b and C-8b.
Claims for Action (deny & notify claimant)
On November 12, 1996, the City Clerk's Office received a claim for
personal injuries amounting to $100,000.00 from Vincenza Pagano.
On January 16, 1997, the City Clerk's Office received a claim for
property damage amounting to $2,128.56 from David Leos.
On December 11, 1996, the City Clerk's Office received a claim for
loss of personal property amounting to $156.45 from Teresa Wong
Tan.
On December 4, 1996, the City Clerk's Office received a claim for
property damage amounting to $1,955.00 from Carmen Baltierra.
On January 13, 1997, the City Clerk's Office received a claim for
property damage amounting to $280.00 from Denise Turgeon.
Lot Line Adjustment No. 126 - Paul F. and Ronda M. Forgette
and Clarence E. and Kay Ragan
Resolution No. 9422 - Recommendation is to adopt the following resolution:
Lot Line Adjustment 126 RESOLUTION NO.9422 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO.
126 AND DIRECTING THE RECORDATION THEREOS.
(FORGETTE AND RAGAN)
Temporary Use Permits (receive and file)
TUP #2373-97 for West Covina Nissan, at 1840 E. Garvey Avenue
for a radio promotion on 2/1/97.
TUP 42374-97 for Aris Helicopter at Cameron Court for an A/C
helicopter lift on 2/l /97.
TUP #2375-97 for West Covina Lincoln Mercury at 2539 E. Garvey
. Avenue for a roof -top balloon on 2/14/97 to 2/28/97.
TUP #2378-97 for West Covina Nissan, at 1840 E. Garvey Avenue
for a radio promotion on 2/22/97.
TUP #2380-97 for Aris Helicopter, at 301 S. Glendora, for an A/C
helicopter lift on 2/26/97.
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March 18, 1997
Acceptance of Improvements and/or Release of Bonds
UUP No. 407 - Recommendation is to accept on -site and off -site improvements in
Lily Lee conjunction with the construction of a second family unit and
authorize release of a Time Certificate of Deposit, No. 191095, in
the amount of $5,000.00.
PP-97210 - Location: 330 South Citrus Avenue
Power Distributors Recommendation is to accept baseball field lighting and authorize
release of Continental Casualty Company, Bond No. 142344096, in
the amount of $127,750.00, subject to Notice of Completion
procedure.
Traffic Committee Minutes (accept & file)
Minutes of the regular meeting of February 18, 1997.
City Treasurer's Report (receive & file)
Report for the month of January, 1997.
Miscellaneous - Public Works
1) Distribution of Metropolitan Water District (MWD)
Surplus Moneys
MWD Surplus Moneys Recommendation is to adopt the following
resolutions:
Resolution No. 9423 - RESOLUTION NO. 9423 - A RESOLUTION OF THE
Three Valleys CITY COUNCIL OF THE CITY OF WEST COVINA,
Municipal Water District CALIFORNIA, REGARDING DISTRIBUTION OF
FUNDS RETURNED TO THREE VALLEYS
MUNICIPAL WATER DISTRICT BY
METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA.
Resolution No. 9424 - RESOLUTION NO. 9424 - A RESOLUTION OF THE
SGV Municipal Water CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, REGARDING DISTRIBUTION OF
FUNDS RETURNED TO UPPER SAN GABRIEL
VALLEY MUNICIPAL WATER DISTRICT BY
METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA.
2) Street Rehabilitation Work - La Sena Avenue from
Puente Avenue to North City Limits - Approval of
Payment
City of Baldwin Park Recommendation is to authorize the City Engineer and
Finance Director to execute the requisition for payment to
the City of Baldwin Park in the amount of $10,534.00.
Miscellaneous - Environmental Services
1) BKK Landfill Closure Plans Status Report
BKK Closure Status Report Recommendation is to receive and file the status report.
. 2) Used Oil Recycling Block Grant
Recommendation is to adopt the following resolution:
Resolution No. 9429 - RESOLUTION NO. 9429 - A RESOLUTION OF THE
Used Oil Recycling CITY COUNCIL OF THE CITY OF WEST COVINA
Block Grant AUTHORIZING THE SUBMITTAL OF A FIFTH
CYCLE USED OIL BLOCK GRANT APPLICATION
TO THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD.
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Miscellaneous - Fire Administration
l) Weed and Rubbish Abatement Contract Extension
Weed Abatement Recommendation is to approve an extension of the 1993
Contract Extension contracts for one year and authorize the Mayor and City
Clerk to execute the contracts.
2) Weed Abatement 1997
1997 Weed Abatement Recommendation is to a) Approve the Weed Abatement Roll
for the calendar year 1997, and adopt the following
resolution;
Resolution No. 9430 - RESOLUTION NO. 9430 - A RESOLUTION OF THE
1997 Weed Abatement CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DECLARING ALL RUBBISH AND
REFUSE UPON, AND ALL WEEDS GROWING UPON
SPECIFIED STREETS AND PRIVATE PROPERTY
WITHIN SAID CITY TO BE A PUBLIC NUISANCE
AND DECLARING ITS INTENTION TO REMOVE
AND ABATE THE SAME UNDER AND IN
ACCORDANCE WITH THE PROVISIONS OF TITLE
4, DIVISION 3, PART 2, CHAPTER 13, ARTICLE 2,
OF THE GOVERNMENT CODE; and b) Set April 1,
1997, as the date for the hearing of any objections of protests
to said program.
Miscellaneous - Finance Department
Surplus Property
Resolution No. 9431 - Recommendation is to adopt the following resolution:
Surplus Property RESOLUTION NO.9431 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DECLARING CERTAIN CITY PROPERTY
AS SURPLUS.
CONSENT CALENDAR MOTION
Motion by Touhey, seconded by Herfert to waive further reading of
the resolutions and adopt, and to approve all other items listed except
Items C-1, C-6b and C-8b. Motion carried by roll call vote:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
Item C-1 Councilmembers Howard and Touhey noted that they would abstain
from voting on this item due to a conflict of interest.
Motion by Herfert, seconded by Melendez to approve the co-
sponsorship of the 3' Annual "STOP THE VIOLENCE
COMMUNITY FESTIVAL" to be held April 19, 1997 from 9:00
a.m. to 7:00 p.m. in Applebee's Parking Lot at The Plaza. Motion
carried 3-0-2 with Councilmembers Howard and Touhey abstaining.
. Item C-6b Councilmember Herfert asked for clarification on traffic signal
modifications at the Amar Road and Azusa Avenue intersection.
City Engineer Pat Glover responded.
Motion by Herfert, seconded by Melendez to approve the
recommendations of the Traffic Committee. Motion carried 5-0.
Item C-8b Mayor Wong noted that he would abstain on this item due to a
conflict of interest.
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Motion by Touhey, seconded by Herfert to waive further
reading and adopt the following resolutions:
Resolution No. 9425 - RESOLUTION NO. 9425 - A RESOLUTION OF THE CITY
1997-98 Lighting & COUNCIL OF THE CITY OF WEST COVINA,
Maintenance District CALIFORNIA, ORDERING THE CITY ENGINEER TO
PREPARE AND FILE A REPORT IN ACCORDANCE WITH
ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND
LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS
AND HIGHWAYS CODE FO THE STATE OF CALIFORNIA,
ORDERING CERTAIN LIGHTING FIXTURES, TRAFFIC
SIGNALS AND APPURTENANCES TO BE INSTALLED,
ELECTRICAL ENERGY AND MAINTENANCE TO BE
FURNISHED FOR ALL LIGHTS AND TRAFFIC SIGNALS
THROUGHOUT THE CITY, AND FOR THE FURNISHING
OF LANDSCAPING AND PARK MAINTENANCE
APPURTENANCES AND APPURTENANT WORK, AND
FOR GRAFFITI PREVENTION AND REMOVAL IN THE
CITY OF WEST COVINA, CALIFORNIA, FOR THE FISCAL
YEAR COMMENCING JULY 1, 1997 AND ENDING JUNE
30,1998. WEST COVINA LIGHTING AND MAINTENANCE
DISTRICT (FY 1997-98
Resolution No. 9426 - RESOLUTION NO. 9426 - A RESOLUTION OF THE CITY
LMD No. 4 COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, ORDERING THE CITY ENGINEER TO
PREPARE AND FILE A REPORT IN ACCORDANCE WITH
ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND
LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS
AND HIGHWAYS CODE FO THE STATE OF CALIFORNIA,
FOR THE INSTALLATION OF THE LANDSCAPING AND
THE MAINTENANCE THEREOF, IN THE CITY OF WEST
COVINA, CALIFORNIA, FOR THE FISCAL YEAR
COMMENCING JULY 1, 1997 AND ENDING JUKE 30,1998.
WEST COVINA LANDSCAPING MAINTENANCE
DISTRICT NO.4
Resolution No. 9427 - RESOLUTION NO. 9427 - A RESOLUTION OF THE CITY
LMD No. 6 COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, ORDERING THE CITY ENGINEER TO
PREPARE AND FILE A REPORT IN ACCORDANCE WITH
ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND
LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS
AND HIGHWAYS CODE FO THE STATE OF CALIFORNIA,
FOR THE INSTALLATION OF THE LANDSCAPING AND
THE MAINTENANCE THEREOF, IN THE CITY OF WEST
COVINA, CALIFORNIA, FOR THE FISCAL YEAR
COMMENCING JULY 1, 1997 AND ENDING JUNE 30, 1998.
WEST COVINA LANDSCAPING MAINTENANCE
DISTRICT NO.6
Resolution No. 9428 - RESOLUTION NO. 9428 - A RESOLUTION OF THE CITY
. LMD No. 7 COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, ORDERING THE CITY ENGINEER TO
PREPARE AND FILE A REPORT IN ACCORDANCE WITH
ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND
LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS
AND HIGHWAYS CODE FO THE STATE OF CALIFORNIA,
FOR THE INSTALLATION OF THE LANDSCAPING AND
THE MAINTENANCE THEREOF, IN THE CITY OF WEST
COVINA, CALIFORNIA, FOR THE FISCAL YEAR
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COMMENCING JULY 1,1997 AND ENDING JUNE 30,1998.
WEST COVINA LANDSCAPING MAINTENANCE
DISTRICT NO. 7
Motion carried 4-0-1 with Mayor Wong abstaining.
PUBLIC WORKS I No reports
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports
ENVIRONMENTAL SERVICES
1) Proposed Residential Annexation
Residential Annexation Environmental Services Director Mike Miller presented the
1863 N. Gretta staff report. City Manager Starbird spoke regarding the
promotion of annexations beyond the subject parcel.
Councilmember Herfert stated that Council should anticipate
other annexation requests. Mayor Wong clarified the
increase in cost of present annexations compared to previous
annexations.
Motion by Howard, seconded by Touhey to authorize
staff to work with the property owner to prepare and process
the annexation application and the zone reclassification with
funding provided by the property owner. Motion carried 5-0.
2) Commendation for Allen Winans of the Cal -EPA
Department of Toxic Substances Control
Commendation for Environmental Services Director presented the staff report.
Allen Winans Motion by Touhey, seconded by Herfert to approve a
commendation for Mr. Allen Winans for his efforts to keep
the public informed about conditions at the BKK Landfill.
Motion carried 5-0.
REDEVELOPMENT AGENCY
Mayor Wong recessed the City Council meeting at 10:09
p.m. to convene the Redevelopment Agency meeting. The City
Council reconvened at 12:09 a.m. with all members present.
HUMAN SERVICES No reports
PUBLIC SAFETY SERVICES No reports
ADMINISTRATIVE SERVICES
Finance Department
Award of City's Audit Contract
Audit Contract Council reviewed the staff report.
Motion by Howard, seconded by Touhey to authorize the
City's staff to negotiate a contract with Caporicci & Larson for audit
services for the three years ending June 30, 1999, with two, one-year
renewal options. Motion carried 5-0.
GENERAL ADMINISTRATION
. City Manager
Fire Services Initiative - Report on Effects
Fire Services Initiative Council reviewed the staff report.
Motion by Herfert, seconded by Touhey to a) direct the City
Manager and the City Attorney, and appropriate City departments to
prepare a report on the implications of the proposed initiative; and b)
direct the City Manager and City Attorney to prepare the initial
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March 18, 1997
Section 9212 report as outlined in the staff report. Motion carried
5-0.
APPROVAL OF DEMANDS
Council reviewed accounts payable by the City since March 4, 1997.
Motion by Herfert, seconded by Howard to approve demands
totaling $687,566.94 as listed on registers #168411 through
#168718. Motion carried by roll call vote:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
ABSTAIN: Touhey re: West Covina Food Bank
ORAL COMMUNICATIONS None offered.
MAYOR'S REPORTS Annual Appointments of City Council Representatives to Other
Agencies
This item was held over until the Council meeting of April 1, 1997.
COUNCILMEMBERS' REPORTS
Informational Report on 807 Montezuma Way
807 Montezuma Way Council reviewed the staff report.
Motion by Howard, seconded by Herfert to direct staff to
monitor the foreclosure sale of the property and work with the new
buyer. Motion carried 5-0.
Touhey Councilmember Touhey reported on the meeting with Ridge
Riders.
Melendez Mayor Pro Tern Melendez requested the reconsideration of
the Amar guard rail. After further discussion, Mr. Melendez
rescinded his request.
Wong Mayor Wong extended his thanks for a good meeting.
ADJOURNMENT Motion by Melendez, seconded by Herfert to adjourn the
meeting at 12:34 a.m. Motion carried 5-0.
Mayor Be amin S. Wong
ATTEST:
City Clerk Janet Berry
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