Minutes 1991/11/18
Invocation
Posting
Agenda
Roll
Call
Emp.Award
Cert.Serv.
Consent
Calendar
Minutes
Budget
Imprvrnts.
Canvass
Res.#91-66
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Regular Meeting
November 18, 1991
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag at 7:00
p.m.
Pastor Ruth Ackerman, Gavilan Hills Church, gave the
Invocation.
The City Clerk noted that the agenda had been posted on
November 14, 1991 at 1:06 p.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 presented the Employee of the Month of October, 1991
Award to Jerry Thome, Facilities Maintenance Specialist - Parks &
Recreation Department.
The Mayor presented a certificate of Service to Mark Kennedy,
retired Building Board of Appeals member.
The Mayor presented certificates of Service to K. A. Mike
Gilroy, retired Parks & Recreation Commissioner and to Suellen C.
Rowlison, retired Library & Culture Commissioner.
Motion was made by Councilman Gage seconded by Councilman
Valdez that the following items under the Consent Calendar be
approved as recommended by the following Roll Call Vote: Ayes:
Councilmembers: Gage, Hale, Kloecker, Mussallem, Nelson, Valdez and
Hughan;
Approved the Minutes of the Regular Council Meeting of
November 4, 1991;
Approved Budget Amendments/Transfers as recommended;
Accepted Improvements for R & D Development, Obata Way, #90-61
as recommended.
The Official Canvass of the Registrar of Voters for the
November 5, 1991 General Municipal Election was noted.
Motion was made by Councilman Mussallem seconded by
Councilwoman Nelson that the reading of Resolution No. 91-66 be
waived and that it be adopted.
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RESOLUTION NO. 91 - 66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AND
ADOPTING THE REGISTRAR OF VOTERS' CANVASS OF THE GENERAL MUNICIPAL
ELECTION AND DECLARING RESULT OF SUCH ELECTION HELD IN THE CITY OF
GILROY ON NOVEMBER 5, 1991.
, RESOLVED, by the City Council of the City of Gilroy,
California that;
WHEREAS, by order of this Council a general municipal election
was held and conducted in the City of Gilroy on Tuesday, the 5th day
of November, 1991 as required by law and the Charter of said City as
amended;
WHEREAS, it appears that notice of said general 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.
1. Said municipal election was held and conducted in the City
of Gilroy, County of Santa Clara, State of California on Tuesday,
November 5, 1991 in the time and in the form and manner as required
by law.
That there were established twelve (12) voting precincts for
the purpose of holding said municipal election consisting of either
regular election precincts established for holding state or county
elections, or a consolidation of some or all of such precincts, as
. follows:
CONSOLIDATED PRECINCT NO. 3951, comprising state and county
precincts designated Precinct Numbers 3951, 3956 and 3966 as
established by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3953, comprising state and county
precincts designated Precinct Numbers 3953, 3972 and 3973 as
established by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3954, comprising state and county
precincts designated Precinct Numbers 3954 and 3974 as established
by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3955, comprising state and county
precincts designated Precinct Number 3952 and 3955 as established by
the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3960, comprising state and county
precincts designated Precinct Numbers 3960 and 3978 as established
by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3961, comprising state and county
precincts designated Precinct Numbers 3958, 3961 and 3976 as
established by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3963, comprising state and county
precincts designated Precinct Numbers 3962, 3963, 3975 and 3977 as
established by the Santa Clara County Board of Supervisors.
~ ; ) "
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CONSOLIDATED PRECINCT NO. 3964, comprising state and county
precincts designated Precinct Numbers 3964 and 3967 as established
by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3970, comprising state and county
precinct designated Precinct Numbers 3957 and 3970 as established by
the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3979, comprising state and county
precincts designated Precinct Numbers 3959 and 3979 as established
by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3980, comprising state and county
precincts designated Precinct Numbers 3969, 3971 and 3980 as
established by the Santa Clara County Board of Supervisors.
CONSOLIDATED PRECINCT NO. 3981, comprising state and county
precincts designated Precinct Numbers 3965 and 3981 as established
by the Santa Clara County Board of Supervisors.
3. The canvass of the returns of the votes cast and the
counting of absentee ballots cast in said City for the offices of
Mayor and City Councilmembers was duly held by the Registrar of
Voters in accordance with the order of the Council and in accordance
with law and said Registrar of Voters has executed a 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 5,108 (including 425 absentee votes).
5. The names of the persons voted for, the offices for which
they were voted, the number of votes received by each of said
persons in each of said precincts and by absentee votes, are shown
on said Exhibit "A", hereto attached.
At said general municipal election held in the City of Gilroy
and Election held on November 5, 1991, the following persons were
elected to the following offices:
DONALD F. GAGE was elected Mayor of the City Council to hold
office for a term of four years, from and after Monday, November 18,
1991, and continuing until his respective successor shall qualify.
KEVIN A. MIKE GILROY was elected a member of the City Council
to hold office for a term of four years, from and after Monday,
November 18, 1991, and continuing until his respective successor
shall qualify.
PAUL V. KLOECKER was elected a member of the City Council to
hold office for a term of four years, from and after Monday,
November 18, 1991, and continuing until his respective successor
shall qualify.
SUELLEN C. ROWLISON was elected a member of the City Council
to hold office for a term of four years, from and after Monday,
November 18, 1991, and continuing until her respective successor
shall qualify.
7. The City Clerk is hereby directed to make out and deliver
to each of the persons elected a certificate of election signed by
her and duly authenticated. She shall also impose the
constitutional oath of office and have them subscribe thereto.
8. 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 general municipal election.
PASSED AND ADOPTED this 18th day of November, 1991, by the
following vote:
(;! f?2
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON, VALDEZ and HUGHAN.
None
None
APPROVED: /s/ ROBERTA H. HUGHAN
Mayor
ATTEST:/s/ SUSANNE E. STEINMETZ
City Clerk
EXHIBIT "A"
CERTIFICATE OF ELECTION RESULTS
STATE OF CALIFORNIA
) SSe
county of Santa Clara
I, George A. Mann, Registrar of Voters of the County of Santa Clara,
State of California, do hereby certify that a General Municipal Election was held
in the CITY OF GILROY on November 5, 1991 for the purposes of electing the MAYOR
and three members of the CITY COUNCIL;
That the official canvass of the returns of said election was
conducted by the office of the Registrar of Voters in accordance with the
appropriate provisions of the Elections Code of the State of California; and
That the Statement of Votes Cast, hereto attached, shows the whole
number of votes cast for each candidate for Mayor and Council member in the City of
Gilroy, and in each of the respective precincts; and that the totals shown for each
candidate are full, true and correct.
WITNESS my hand and Official Seal this 12th day of November, 1991.
/s/ GEORGE A. MANN
Registrar of Voters
(Seal)
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CONSOLIDATED ELECTIONS, NOVEMBER 5, 1991
CITY OF GILROY-MAYOR-VOTE FOR ONE CITY COUNCIL-VOTE FOR THREE
K
E
R V
G I S I
I C U N
L A G E
P R R L L A P
E 0 D E L L A
T D Y 0 N E E U
E 0 N 0 N L
R B G N C N M
E A I V A I R S A C I V
G L LV A L TV I R K
I L RO L D YO C D R E K
S 0 OT D T K S 0 L
T T T YE E F CE U A W G 0
R S U Z 0 Y L I E
A R MF UF M E I L C
T C N AO G NO E Y H S R K
I A 0 YR J A CR L A A 0 0 E
0 S U 0 R G I L S L N Y R
N T T R1 E L3 0 U E
3951 919 321 34.9 134 173 77 120 132 156 191 155
3953 1219 560 45.9 213 321 147 206 247 251 329 298
3954 778 247 31. 7 102 139 55 121 108 119 158 132
3955 1262 477 37.8 149 316 95 214 226 204 305 235
3960 835 334 40.0 123 204 69 142 152 165 208 189
3961 727 191 26.3 110 73 85 63 75 84 117 65
3963 903 221 24.5 142 72 79 72 80 114 113 100
3964 1265 528 41.7 183 327 104 211 269 247 304 293
3970 1405 459 32.7 246 197 140 166 169 221 287 227
3979 1025 455 44.4 109 337 105 204 211 216 293 238
3980 1132 329 29.1 141 180 67 130 142 175 187 169
3981 1431 548 38.3 208 331 95 269 267 252 320 314
AB T 12901 381 3.0 110 244 79 120 169 196 235 191
GD T 12901 5051 39.2 1970 2914 1197 2038 2247 2400 3047 2606
AB T Absentee Totals
GD T - Grand Totals
The Mayor Adjourned the meeting Sine Die.
Councilman Mussallem gave farewell remarks. He received a
standing ovation.
Mayor Hughan give farewell remarks. She received a standing
ovation.
The City Clerk swore in the Mayor and Councilmembers Elect.
The City Clerk presented Certificates of Election to the Mayor
and Councilmembers Elect.
Roll Call Present: Councilmembers: Mike Gilroy, Paul V. Kloecker, Sara C.
Nelson, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage.
Res.#91-67 Motion was made by Councilwoman Nelson seconded by Councilman
Valdez that the reading of Resolution No. 91-67 be waived and that it
be adopted.
RESOLUTION NO. 91 - 67
RESOLUTION
ROBERTA H.
PASSED AND
vote:
AYES:
OF THE COUNCIL OF THE CITY OF GILROY HONORING RETIRED MAYOR
HUGHAN
ADOPTED this 18th day of November, 1991, by the following
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, KLOECKER, NELSON, ROWLISON, VALDEZ
and GAGE.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
cn~!,l
Res.#91-68 Motion was made by Councilwoman Nelson seconded by Councilman
Valdez that the reading of Resolution No. 91-68 be waived and that it
be adopted.
Mayor Pro-
tempore
Pub. Hear.
Z-91-01
ROO
Pub. Hear.
GPA 91-02
Pub.Hear.
TM 91-3
RESOLUTION NO. 91 - 68
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY HONORING RETIRED
COUNCILMEMBER LARRY MUSSALLEM
PASSED AND ADOPTED this 18th day of November, 1991, by the following
vote:
AYES:
COUNCILMEMBERS: GILROY, KLOECKER, NELSON, ROWLISON, VALDEZ
and GAGE.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
The Mayor noted that the resolutions were presented to retired
Mayor Hughan and Councilman Mussallem at a Reception prior to the
meeting, including their Certificates of Service and gift.
The Mayor noted and declared the vacancy on the Council created
by the unexpired term of himself as a Councilman (11-1993) and
suggested procedure to fill this vacancy.
Motion was made by Councilman Kloecker seconded by Councilman
Valdez that the suggested procedure of Mayor Gage be adopted to accept
letters from persons interested in filling the unexpired term with a
deadline of November 25, 1991 at 5:00 p.m. and Council to consider same
including public comment at the December 2, 1991 regular Council
Meeting.
A substitute motion was made by Councilwoman Nelson seconded by
Councilman Gilroy and not carried to appoint Leonard Hale to fill the
unexpired term of Councilman Gage, noting that he was the fourth
runner-up and Councilwoman Nelson presented petitions containing 600
signatures representing the total twelve (12) precincts by the
following Roll Call vote: Ayes: Councilmembers: Gilroy and Nelson;
Noes: Councilmembers: Kloecker, Rowlison, Valdez and Gage.
The original motion carried by the following Roll Call vote:
Ayes: Councilmembers: Kloecker, Rowlison, Valdez and Gage; Noes:
Councilmembers: Gilroy and Nelson to adopt the suggested procedure of
Mayor Gage to accept letters from persons interested in filling the
unexpired term for appointment at the December 2, 1991 regular Council
Meeting which will include public comment. Deadline for accepting said
letters was set for November 25, 1991 at 5:00 p.m.
Motion was made by Councilman Kloecker seconded by Councilman
Valdez and carried that Councilwoman Nelson be appointed as Mayor
Protempore from December 1, 1991 to August 1, 1992 as recommended by
the Mayor.
The Mayor stated that the continued Public Hearing to consid~r a
Zoning Ordinance Text Amendment initiated by the City to amend the
City'S Residential Development Ordinance and Rating Scale section, ~
91-01 be continued to January 21, 1992. Council set a Study Session on
the matter in the Council Chambers, to be televised for January 13,
1992 at 7:00 p.m.
The Mayor continued the Public Hearing to consider a General
Plan Text Amendment initiated by the City to include Section 17,
"Rural/Urban Land Uses" into the existing South County Joint Area Plan,
GPA 91-02 to December 16, 1991 regular Council Meeting as recommended.
The Mayor stated that it was the time and place scheduled for
the Public Hearing to consider a Tentative Map request of Industrial
Twenty Ventures to divide their property into six industrial lots to
enable them to build industrial buildings on the lots in the future,
located at the northwesterly end of Mayock Road, TM 91-3.
The staff report was noted and further explained by Planning
Director Dorn.
Res.91-69
Hear.
SRRE &
HHWE
Res.91-70
Corn. Terms
expiring
TrainDepot
~; j/d
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposal. There was no comment from anyone in
the audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Valdez seconded by Councilman
Kloecker that the reading of Resolution No. 91-69 be waived and that it
be adopted.
RESOLUTION NO. 91 - 69
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONDITIONALLY
APPROVING THE APPLICATION OF INDUSTRIAL TWENTY VENTURES FOR TENTATIVE
SUBDIVISION MAP TM-91-03 FOR A 6-LOT INDUSTRIAL SUBDIVISION ON A 6.562
ACRE PROPERTY ZONED M2 LOCATED AT THE NORTHWESTERLY END OF MAYOCK ROAD.
PASSED AND ADOPTED this 18th day of November, 1991, by the following
vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER,
and GAGE.
None
None
NELSON, ROWLISON, VALDEZ
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
The Mayor sated that it was the time and place scheduled for a
Hearing to receive public comment on the City'S Preliminary Draft
Source Reduction and Recycling Element (SRRE) and Household Hazardous
Waste Element (HHWE) as required documents by the California Integrated
Waste Management Board of the State of California to outline the policy
plans which the City will take to reach the mandatory waste reduction
goals of 25% by 1995 and 50% by 2000, respectively.
The Staff Report was noted and further explained by Resource
Management Coordinator Menacho.
The Mayor asked if there was anyone in the audience wishing to
comment on the matter. There was no one in the audience wishing to
speak. City Administrator Baksa noted that Richard Lucchetti, South
Valley Refuse & Disposal, wanted to make comment, however, due to
illness was unable to attend the hearing but would document his
comments in a letter that will be included in the documents required by
the State of California Integrated Waste Management Board.
The Mayor closed the hearing.
Motion was made by Councilman Kloecker seconded by Councilman
Valdez that the reading of Resolution No. 91-70 authorizing Officers
who may accept deeds and grants on behalf of the City and consent to
recordation thereof pursuant to California Government Code Section
27281 be waived and that it be adopted.
RESOLUTION NO. 91 - 70
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING OFFICERS
WHO MAY ACCEPT AND CONSENT TO THE ACCEPTANCE OF DEEDS OR GRANTS TO THE
CITY OF GILROY AND CONSENT TO THE RECOROATION THEREOF PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 27281.
PASSED AND ADOPTED this 18th day of November, 1991, by the following
vote:
AYES:
COUNCILMEMBERS: GILROY, KLOECKER, NELSON, ROWLISON, VALDEZ
and GAGE.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Motion was made by Councilman Valdez seconded by Councilman
Kloecker and carried that the deadline to submit applications for
Commission and Board terms expiring January 1, 1992 and unexpired terms
be continued to November 27, 1991 at 5:00 p.m. Council set December
10, 1991 at 7:00 p.m. in the Council Chambers as a Study Session to
conduct interviews of Planning Commission applicants and December 11,
1991 at 7:00 p.m. at the same location to conduct interviews of Library
& Culture and Parks & Recreation Commission applicants.
A report and recommendation to accept Santa Clara County
Transportation Agency's offer of the historic train depot building was
noted and further explained by City Administrator Baksa and Planning
Director Dorn.
J! -> 1
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Motion was made by Councilman Kloecker seconded by Councilwoman
Rowlison and carried that the staff report and recommendation be
approved sand the Santa Clara County Transportation Agency's Train
Depot Building offer be accepted, requesting the City investigate all
possibilities of private interests improving and/or using the building.
Res.#91-71 City Administrator Baksa presented a recommendation to approve
participation in the Public Agency Retirement System (PARS) for part-
time employees.
Motion was made by Councilman Kloecker seconded by Councilman
Valdez that the reading of Resolution No. 91-71 be waived and that it
be adopted approving participation in the Public Agency Retirement
System (PARS) for part-time employees, as recommended.
RESOLUTION NO. 91 - 71
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING PARTICIPATION
IN THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS)
PASSED AND ADOPTED this 18th day of November, 1991, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, KLOECKER, ROWLISON, VALDEZ and GAGE.
COUNCILMEMBER: NELSON
COUNCILMEMBERS: None
SanYsidro
Park
The Mayor asked if there was anyone in the audience wishing to
speak on any matter not on the agenda.
Mr. Steve Manning, 7774 Chestnut Street, Gilroy, addressed the
Council requesting that alcohol be prohibited at San Ysidro Park; that
the current regulations for alcohol at said location have not been
enforced.
Councilman Gilroy, former Parks & Recreation Commissioner, noted
that the Parks & Recreation Commission are studying the matter and it
has been discussed to enlarge the signs at the park relating to alcohol
and that the existing laws regulating alcohol in parks be enforced.
Mr. Manning was advised to attend the Parks & Recreation
Commission meeting when this matter is further discussed.
Mr. Todd Perkins, representing the Citizens for Balanced Growth,
addressed the Council and thanked the candidates for addressing issues
of this organization.
GDDC
The Mayor tabled action to December 16, 1991 regular meeting on
the request of the Gilroy Downtown Development Corporation for a
Council representative to their Board of Directors and the request of
the Santa Clara Valley Water District for appointments of City
representatives to the District Flood Control South Zone Advisory
Committee for a term of October 1, 1991 to October 1, 1992.
The following informational items were noted with no separate
discussion on same except as noted:
Proclamations Issued by Mayor Hughan: Bridge Counseling Center,
Inc. commendation; Avoid the 13 Campaign Period - December 13, 1991 -
January 1, 1992;
City of Santa Clarita in appreciation re: MIAs-POWs;
State Department of California Highway Patrol commending City
employees;
Alex Larson re: City Council appointment to fill unexpired term
of Councilman Gage and Council Meeting video tapes. The City Attorney
noted that she responded to Mr. Larson regarding the video tapes;
ABAG's Hazardous Waste Management Capacity Allocation Committee
Final Resolution and Report Summary. Councilman Kloecker noted that he
is a voting delegate at ABAG's General Assembly on November 21, 1991;
County of Santa Clara Mental Health Department Task Forces;
Plan. Com.
11-7-91
Pers.Com.
11-12-91
Retreat
Adjrnmt.
(; t '-,,' ?
Senator Mello re: Introduction of Legislation for the 1992
Session;
Correspondence re: Regional Government/Governance: City of
Milpitas and City of Los Altos;
Santa Clara County Traffic Authority re: Notification of
amendments to the Measure A Initial Expenditure Plan, November 4, 1991;
and
Report on the City Auction November 9, 1991.
The report of the Planning Commission meeting of November 7,
1991 was noted.
The report of the Personnel Commission meeting of November 12,
1991 was noted.
Motion was made by Councilman Kloecker seconded by Councilman
Valdez and carried that the job description of City Clerk be approved
as recommended.
City Administrator Baksa gave an update on the Water
Conservation Program.
City Administrator Baksa gave an update on Supervisory Training
Program.
Council directed Staff to make arrangements for a Council
Retreat with consultant, David Jones for January 3-5, 1992 for
presentation at the next regular Council meeting.
City Administrator Baksa distributed a list of Council
Committees to Councilmembers for an update on same.
City Administrator Baksa noted that Department Head Reports will
be re-instituted for an hour prior to the regular order of business
during one of the regular Council meetings.
Councilman Kloecker noted that the CalTrain had been approved.
Councilman Valdez noted that he was on the Liaison Economic
Development Committee of the Chamber of Commerce.
The following meetings were noted:
Reception Honoring retired Mayor and Council and Welcoming Mayor
and Councilmembers Elect, November 18, 1991 - 5:30 p.m., to 7:00 p.m.,
Gilroy Senior Center;
ABAG's Fall Assembly, November 21, 1991 - 2:00 p.m. to 8:30
p.m. ;
Noted cancellation of the November 25, 1991 - 7:00 p.m. Special
Council meeting to be rescheduled re: Discussion of Issues before the
Santa Clara County General Plan Review Committee; and
Joint Gilroy City Council/Parks & Recreation Commission study
Session, December 9, 1991 - 7:00 p.m., Employees' Lounge, City Hall,
7351 Rosanna Street, Gilroy, CA 95020 re: Discussion of Ranch Site and
Uvas Preserve Master Plans.
At 9:00 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
)c~~0 ;dq