Minutes 1990/12/17
Invocation
Posting
Agenda
Roll Call
Intro.New
Employees
Emp.Award
Consent
Calendar
Minutes
Res.90-79
& 90-80
5Y49
Regular Meeting
December 17, 1990
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag at 7:01
p.m.
Dr. Hoggan, Bishop of the Church of Jesus Christ of the
Latter Day Saints gave the Invocation.
The City Clerk reported that the Agenda had been posted on
December 13, 1990 at 9:20 a.m.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Sara C. Nelson, Pete Valdez,
Jr. and Roberta H. Hughan.
The Mayor introduced the following New Employees: Steve
Eddleman, Maintenance I; Roy M. Sumisaki, Chief of Police; and
Andrew J. Sullivan, Police Officer.
The Mayor presented Evelyn Peterson, Account Clerk II with
the Employee of the Month of November, 1990 Award.
The City Attorney requested that Item "H" be removed from
the Consent Calendar and Councilman Mussallem requested that
Items "E" and "F" be removed from the Consent Calendar.
Motion was made by Councilman Gage seconded by Councilman
Valdez that the following items under the Consent Calendar be
approved by the following Roll Call Vote, removing Items "E", "F"
and "H" Ayes: Councilmembers: Gage, Hale, Kloecker, Mussallem,
Nelson, Valdez and Hughan:
Approved the Minutes of the Regular Council Meeting of
December 3, 1990;
Noted Resolution of the Board of Supervisors Granting
Consent to Conduct Assessment Proceedings for County Estates
Phase I Assessment District;
Noted Consent of the Property OWner;
lC:, 9 c- n
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Res.90-81
Res.90-82
Adopted Resolution No. 90-79 of Intention;
RESOLUTION NO. 90 - 79
IMPROVEMENT IN COUNTRY ESTATES -
RESOLUTION OF INTENTION TO ORDER
PHASE I ASSESSMENT DISTRICT.
PASSED AND ADOPTED this 17th day
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
of December, 1990 by the
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None;
Noted Engineer's Report;
Adopted Resolution No. 90 - 80 Accepting Report and Setting
Hearing for January 22, 1991;
RESOLUTION NO. 90 - 80
RESOLUTION ACCEPTING REPORT AND SETTING HEARING OF PROTESTS -
COUNTRY ESTATES - PHASE I ASSESSMENT DISTRICT.
PASSED AND ADOPTED this 17th day of December, 1990 by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None
Noted Notice of Improvement;
Adopted Resolution No. 90-81 Declaring Certain Weeds
Growing in the City to be a Public Nuisance, Describing Weeds
Which Constitute such Nuisance and Providing for Giving Notice of
the Adoption of the Resolution by publication thereof;
RESOLUTION NO. 90 - 81
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN
WEEDS GROWING IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE,
DESCRIBING WEEDS WHICH CONSTITUTE SUCH NUISANCE AND PROVIDING FOR
GIVING NOTICE OF THE ADOPTION OF THE RESOLUTION BY PUBLICATION
THEREOF.
PASSED AND ADOPTED this 17th day of December, 1990 by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None;
Adopted Resolution No. 90-82 Approving Registrar of Voters'
Official Canvass of Special Municipal Election of November 6,
1991;
RESOLUTION NO. 90 - 82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
AND ADOPTING THE REGISTRAR OF VOTERS' CANVASS OF THE SPECIAL
MUNICIPAL ELECTION AND DECLARING RESULT OF SUCH ELECTION HELD IN
THE CITY OF GILROY ON NOVEMBER 6, 1990.
RESOLVED, by the City Council of the City of Gilroy,
California that:
WHEREAS, by order of this Council a special municipal
election was held and conducted in the City of Gilroy and
consolidated with the General District Election, on Tuesday, the
6th day of November, 1990 as required by law and the Charter of
said City as amended;
r 9. r-i
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WHEREAS, it appears that notice of said special election
was duly and legally given; voting precincts were properly
established; election officers were appointed and election
supplies furnished; and in all respects the election was held and
conducted and the votes cast thereat received and canvassed, and
the returns thereof made, determined and declared in time, form
and manner as required by the Charter of said City as amended and
the general laws of the State providing for and regulating
municipal elections in said City;
WHEREAS, the Registrar of Voters did conduct the canvass of
the returns of said municipal election and did count the absentee
ballots cast thereat, pursuant to direction and order of the City
Council of said City; and
WHEREAS, said canvass was duly completed and the results
thereof were certified by the Registrar of Voters and submitted
to this Council.
NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED, as
follows:
1. Said municipal election was held and conducted in the
City of Gilroy, County of Santa Clara, State of California
and consolidated with the General Election held throughout
Santa Clara County on Tuesday, November 6, 1990 in the time
and in the form and manner as required by law.
2. That there were established twenty-one (21) voting
precincts for the purpose of holding said municipal
election.
3. The canvass of the returns of the votes cast and the
counting of absentee ballots cast in said City for Measure
S was duly held by the Registrar of Voters in accordance
with the order of the Council certificate certifying to the
results of such canvass, which certificate is hereto
attached, marked Exhibit "A" and by this reference is made
a part hereof. Said certificate has been examined and is
hereby approved and adopted by this Council as the official
canvass of said municipal election.
4. The whole number of votes cast in said City of Gilroy
at said municipal election was 6,938 (including 874
absentee votes).
5. The measure voted upon, the number of votes received in
favor of and against said measure in each of said precincts
and by absentee votes, together with the whole number of
votes which the measure received in the entire city, are
shown on said Exhibit "A", hereto attached.
6. At said municipal election the following measure was
approved:
May private sponsors, with state, federal, and/or local
financial assistance, develop, construct, or acquire up to
150 units of low rent housing for elderly, handicapped, or
other households on the Wheeler Hospital site, located
between Fifth Street, Carmel Street, Sixth Street, and
Princevalle Street?
7. That the City Clerk be, and she is hereby, instructed
to enter this resolution in full in the minutes of this
Council as a statement of the result of said special
municipal election.
PASSED AND ADOPTED this 17th day of December, 1990, by the
following vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
NOES:
ABSENT:
5952
"EXHIBIT A"
DECLARATION OF ELECTION RESULTS
STATE OF CALIFORNIA
) ss.
County of Santa Clara
I, George A. Mann, Registrar of Voters of said County, hereby
declare that at the General Election held on November 6, 1990, and consolidated
therewith, a Special Municipal Election was held in the CITY OF GILROY for the
purpose submitting Measure S to the voters of said City;
That the results of said Election was canvassed by the Office of
the Santa Clara County Registrar of Voters in accordance with applicable
provisions of the California Elections Code; and,
That the Statement of Votes Cast, to which this Certificate is
attached, shows the whole number of "YES" and "NO" votes cast for and against
said Measure S in said City and in each of the respective precincts; and that
the totals are full, true and correct.
WITNESS my hand and Official Seal this 26th day of November,
1990.
/s/ GEORGE A. MANN
Registrar of Voters
(SEAL)
/
COUNTY OF SANTA CLARA
GENERAL ELECTION - NOVEMBER 6, 1990
CITY OF GILROY - MEASURE S
Y
M E
E S
A
S L
U 0
R W
E
R
C S E
I N
R B T V T
E A Y 0
G L T H
I L 0 E 0
S 0 F U
T T T F S
R S U G 0 I
A R I R N
T C N L G
I A 0 R 0
0 S U 0 N
N T T Y E
3951-PCT 3951 427 206 46.2 142
3952-PCT 3952 587 295 50.3 217
3953-PCT 3953 793 453 57.1 335
3954-PCT 3954 490 214 43.7 164
3955-PCT 3955 670 334 49.9 257
3956-PCT 3956 386 169 43.8 122
3957-PCT 3957 675 221 32.7 148
3959-PCT 3959 527 296 56.2 221
3960-PCT 3960 647 339 52.4 213
3961-PCT 3961 691 246 35.6 183
3963-PCT 3963 848 260 30.7 171
3964-PCT 3964 528 305 57.8 209
3965-PCT 3965 588 306 52.0 220
3966-PCT 3966 511 204 39.9 148
3967-PCT 3967 701 370 52.8 272
3969-PCT 3969 705 296 42.0 207
3969-PCT 3979 699 329 47.1 234
3978-PCT 3978 211 129 61.1 98
3979-PCT 3979 516 307 59.5 228
3980-PCT 3980 727 334 45.9 244
3981-PCT 3981 621 451 54.9 319
ABSENTEE TOTALS 12748 874 6.9 485
GRAND TOTALS 12748 6938 54.4 4937
Res.90-83
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L
o
w
R
E
N
T
H
o
U
S
I
N
G
42
49
80
38
56
28
49
63
100
39
48
71
64
32
76
67
61
24
61
62
108
200
1418
Adopted Resolution No. 90-83 Amending the Uniform Building
and Plumbing Codes, 1998 Editions;
RESOLUTION NO. 90 - 83
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING THE
UNIFORM BUILDING AND PLUMBING CODES, 1988 EDITION.
PASSED AND ADOPTED this 17th day of December, 1990, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None
Res.90-84
Adopted Resolution No. 90-84 Establishing a Fee for
Undergrounding Utilities as Provided for in City Code Section
21.114.
59.54
Res.90-85
Res.90-86
Pub. Hear.
Rezoning
Z 90-009
RESOLUTION NO. 90 - 84
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A
FEE FOR UNDERGROUNDING UTILITIES AS PROVIDED FOR IN CITY CODE
SECTION 21.114.
PASSED AND ADOPTED this 17th day of December, 1990, by the
following vote:
AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, VALDEZ and HUGHAN.
NOES: COUNCILMEMBERS: MUSSALLEM and NELSON.
ABSENT: COUNCILMEMBERS: None.
Adopted Resolution No. 90-85 Approving Time Limit Parking
on Eigleberry Street.
RESOLUTION NO. 90 - 85
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING
PARKING TIME LIMITS ON THE EAST SIDE OF EIGLEBERRY STREET
ADJACENT TO THE CONTEL OFFICE.
PASSED AND ADOPTED this 17th day of December, 1990, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GAGE, HALE,
and HUGHAN.
NELSON
None
KLOECKER, MUSSALLEM, VALDEZ
COUNCILMEMBER:
COUNCILMEMBERS:
Adopted Resolution No. 90 - 86 Revising Water Turn-On Fee
as recommended by the City Attorney.
RESOLUTION NO. 90 - 86
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REVISING WATER
TURN-ON FEE.
PASSED AND ADOPTED this 17th day of December, 1990 by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ AND HUGHAN.
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
The Mayor stated that it was the time and place scheduled
for a Public Hearing to Consider a Rezoning Request from PF
(Park/Public Facilities) District to PFPUD (Park/Public
Facilities Planned Unit Development) District to allow a Senior
Residential Care Facility and Corporate Offices at 650 Fifth
Street and 651 Sixth Street, between Carmel and princevalle
streets on approximately 3.57 acres, South County Housing
Applicant, Z 90-009.
The Staff Report was noted and further explained by
Senior Planner Myer.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Ms. Marie Juncker, representing South County Housing,
addressed the Council further explaining the proposal.
Mr. Richard Calvin, addressed the Council, opposed to the
rezoning requesting the property remain a hospital.
The Mayor asked if there was anyone further
wishing to speak. There was no further comment.
closed the Public Hearing.
in the audience
The Mayor
Discussion was had by Council on the matter. Motion was
made by Councilman Hale seconded by Councilman Gage and carried
that a proposed ordinance be introduced and published by title
and summary approving the rezoning as recommended.
Pub.Hear.
Rezoning
Z 90-011
HotSprings
So. County
Housing
Hot Dog
Stands
~755
The Mayor stated that it was the time and place scheduled
for a Public Hearing to Consider a Rezoning Request from PF
(Park/Public Facilities) District to R1 (Single Family
Residential) District at Santa Teresa Boulevard, between Sunrise
Drive and Longmeadow Drive, on approximately 8.039 acres, Barbara
and Robert Noble, Applicants, Z 90-011.
The Staff Report was noted and further explained by
Planning Director Dorn.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter. There was no comment from anyone in the
audience. The Mayor closed the public hearing.
Motion was made by Councilman Mussallem seconded by
Councilwoman Nelson and carried that the reading of the proposed
ordinance be waived and that it be published by title and summary
approving the rezoning request as recommended.
The Mayor deviated from the regular agenda in order to
accommodate interested persons in the audience.
Discussion was had regarding the Gilroy Hot Springs Project
further explained by Planning Director Dorn. Council concurred
with the letter to be submitted to the County to include that the
project must conform to the South County Joint Planning Policy.
Council to take action on the project after January 21, 1991 EIR
review period.
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda. There was no comment
from anyone in the audience.
Noted request of South County Housing for an extension of
Sewer Allocation for the Redwood Project further explained by
City Administrator Baksa.
Motion was made by Councilman Mussallem seconded by
Councilman Nelson and carried that South County Housing be
granted an extension of Sewer Allocation for the Redwood Project
as requested.
Discussion was had on a request of Kathy Colkitt, owner of
Just Dogs, to change the City Code definition of Itinerant
Merchants further explained by City Administrator Baksa.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Ms. Sharon Enos, addressed the Council requesting Hot Dog
Cart Owners be allowed to sell within the City under a reasonable
license fee even if they do not have a fixed place of business
within the city.
Mr. Rick Russo, addressed the Council requesting that the
license fee for Hot Dog Carts be equal for everyone whether they
have a fixed place of business within the City or not. Noted
that it is not feasible to require Hot Dog Carts to move every
ten minutes.
Ms. Kathy Colkitt, addressed the Council and noted that the
license fee for Itinerant Merchants is too excessive. She
requested clarification if a non-profit organization can enter
into a contract with a profit business. She inquired if there
were more than one satellite locations if there would be fees
charged to each location. She recommended a fee be established
for a satellite location of $50.00 or a maximum of $75.00 per
year. She also recommended that the Hot Dog Carts be allowed to
remain at one location from 10:00 a.m. to 2:00 or 3:00 p.m.
Ms. Janet Farro, addressed the Council recommending that a
fee be charged for each satellite location.
5~56
Operation
sentinel
Commission
appntmts.
Mr. Richard Figarroa, addressed the Council recommending
that the Hot Dog Cart Owner be allowed to do business in the City
whether or not he or she has a fixed place of business in the
City.
Ms. Jill Gran, Senior High School student of Gilroy Unified
School District, addressed the Council noting that she believes
that any Hot Dog Cart owner should be allowed to sell in the
City; that several are already selling hot dogs at the High
School location.
Ms. Kathy Colkitt, addressed the Council and noted that the
High School would prefer a limit of four trucks at their site.
Ms. Sharon Enos, addressed the Council noting that she
would not locate at the High School site. She recommended that
the hot dog carts be allowed to set-up by 10:00 a.m. through the
lunch hour and again between 3:00 and 4:00 p.m.
Mr. Richard Russo, addressed the Council noting that the
Hot Dog Cart owners need a time frame of 4-5 hours for setting up
and selling. He noted that it also needs to be defined whether a
Hot Dog Cart can set-up next to McDonalds.
Mr. Russ Hendrickson, representing the Downtown Development
Corporation, noted they support the City in attempting to define
the present ordinance.
The Mayor asked if there was anyone further in the audience
wishing to speak on the matter. There was no further comment
from anyone in the audience.
Council requested Staff bring back a proposed ordinance for
Council consideration.
A request of Operation Sentinel Fair Housing for a Rental
Unit Business License Surcharge was noted and further explained
by Maria Provencio.
Motion was made by Councilman Valdez seconded by Councilman
Kloecker and failed by the following Roll Call vote to direct
Staff to research this proposal: Ayes: Councilmembers: Kloecker,
Valdez and Hughan; Noes: Councilmembers: Gage, Hale, Mussallem
and Nelson.
(The Mayor continued with the regular order of the agenda.)
Motion was made by Councilman Kloecker seconded by
Councilman Valdez and carried that the following Commission and
Board Appointments be approved effective January 1, 1991 for a
full 4 year term (except the unexpired term on the Planning
Commission (1-1-92) as recommended by the Mayor:
Planninq Commission: Philip M. Buchanan and Kenneth W. Cooper - 4
yr. terms; John C. Bellis - term expiring 1-1-92;
Parks & Recreation Commission: Tony Adame and K. A. Mike Gilroy -
4 yr. terms;
Personnel Commission: Susan Jacobsen and William R. Noble - 4 yr.
terms;
Librarv & Culture Commission: Suellen Rowlison and Judy King - 4
yr. terms;
Buildinq Board of Appeals; Ben Pappani and Joe Curro - 4 yr.
terms;
Handicapped Access Board: Barbara C. Khyan - 4 yr. term.
(At 8:54 p.m. the Mayor declared a recess and reconvened the
meeting at 9:08 p.m.)
Customer/
ServSurvey
AB7
Plan. Com.
12-6-90
2000 Com.
Bldg.Handi.
Aps.Bd.
P.&R.Com.
9-18-90 &
10-16-90
Water prog.
Retreat
Sewer
allcatns.
r::Y57
Discussion was had regarding a Customer Service/General
Information Survey.
Motion was made by Councilman Gage seconded by Councilman
Hale and carried that Staff proceed to obtain proposals to
conduct the Survey as soon as possible. Councilman Kloecker
voted "no" on the proposal.
A request of Assemblyman Richard Floyd re: AB 7 for
Mandatory Helmet Usage for all ages of Motorcycle Operators and
Passengers on California Public Streets and Roadways was noted.
Motion was made by Councilman Kloecker seconded by Councilman
Gage and carried that the Council supports AB 7 requested of
Assemblyman Floyd. Councilwoman Nelson voted "no" on the motion.
The following informational items were noted with no
discussion on same except as noted:
The Bay Vision 2020 Meeting of December 3, 1990.
noted that the draft report was received today and that
attempt to have someone from the Committee discuss same
Council at a later date;
The Mayor
she would
with
Senator Mello re: Introduction of Legislation for the 1991
Session;
County Planning re: Waste Characterization Study for South
County;
Proclamation Issued by Mayor Hughan: National Bible Week
and the International Year of Bible Reading, November 18th to 25,
1990;
Santa Clara Valley Water District Reappointment of
Councilwoman Mussallem as Representative to the South Flood
Control Zone Advisory Committee and Norman Allen as Alternate
Representative, to expire October 1, 1991; and
Update on the County Program for the Greenbelt Proposal,
noting additional information to be received February 5th and the
matter would be reagendized on the February 19th Council Agenda.
The Report of the Planning Commission Meeting of December
6, 1990 was noted.
The City of Modesto Budget and Expenditures for their
Forward Modesto IV Committee was noted.
The Minutes of the Gilroy 2000 Steering Committee Meeting
of December 5, 1990 were noted.
The Minutes of the Building Department Handicapped Appeals
Board Hearing of December 3, 1990 were noted.
The Minutes of the Parks and Recreation Commission Meetings
of September 18th and October 16, 1990.
The Minutes of the Senior Advisory Board Meetings of
September 17th and October 15, 1990 were noted.
The Minutes of the Library and Culture Commission Meetings
of October 9th and November 13, 1990 were noted.
City Administrator Baksa gave an update on the Water
Conservation Program. Councilman Kloecker suggested letters be
forwarded water customers that have made their goals.
Council agreed to not schedule an annual Retreat but meet
for a goal setting session only.
City Administrator Baksa presented and explained a
recommendation for a change in Sewer Allocation performance
dates.
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o,.i"r ...J '...J
HCD Sch.
Cable
Casting
Adjrnmt.
Motion was made by Councilwoman Nelson seconded by
Councilman Kloecker and carried that 120 days on Sewer Allocation
Agreements be approved as recommended for performance date.
Motion was made by Councilwoman Nelson seconded by
Councilman Gage and carried that the Pool Concept on residential
sewer allocations be approved for those who do not wish to meet
the 5-1-91 deposit forfeiture policy; specifically that if the
agreement is null and void the allocation would revert back into
the RDO Pool and those with valid allocations can use the pool
for this one time only.
City Administrator Baksa presented the HCD (Housing and
Community Development ) Schedule and noted that the Staff report
would evaluate criteria in the priority topics.
City Administrator Baksa gave an update on Cable Casting
noting that the first televised Council Meeting would be January
22, 1991 at the request of Councilman Hale who would be absent at
the January 7, 1991 regular meeting.
Councilman Gage requested that the City investigate the
appearance of the median at the south entrance to the City on
Monterey Street and the matter of the City awarding bids solely
to a local car dealer. The Mayor asked Councilman Gage to find
out what cities if any have accepted this as a policy. The
matter of the median strip from Tenth Street south was referred
to the Parks & Recreation Commission.
Councilman Gage reported that Herman Garcia, owner of
Garcia's Restaurant, has been cleaning up the South Monterey
Street area and has taken an active roll in alerting the Police
Department of vandalism in the area. Further noted that he has
been recognized by President Bush for his efforts and that the
City should also recognize his efforts. Council requested that a
resolution be prepared for Council consideration.
Councilman Mussallem noted that the County did not exercise
their options regarding their needed revenues and proposed to
reduce the City's allocations when they should have put the
matter on the ballot, and requested that this matter be agendized
on the City/School Liaison Committee Meeting agenda.
Councilman Valdez requested a report from the Police
Department on the effect of "Gangs" on the City. City
Administrator Baksa suggested a Study Session to be scheduled in
January 1991.
Councilwoman Nelson thanked the Mayor for the Bible Week
Proclamation.
Councilman Gage inquired about the microphones at the
Council table. It was noted that new microphones are on order.
The Mayor noted the following meetings:
City/School Liaison Committee Meeting, January 10, 1991 -
5:15 p.m., at the Gilroy school District;
Joint Gilroy City Council/Planning Commission study
Session, January 14, 1991 - 7:00 p.m., Gilroy Senior Center re:
Discuss the Residential Development Ordinance (RDO) Revisions;
Santa Clara County Pow Wow and Working Dinner, January 17,
1991 - 5:00 p.m. to 8:30 p.m., The Quinlan Community Center,
Cupertino.
At 10:21 p.m. the Mayor adjourned the meeting.
Respectfully
JUA~
City Clerk