Minutes 1991/12/16
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Invocation
Posting
Agenda
Roll
New Emp.
Consent
Calendar
Minutes
Budget
Regular Meeting
December 16, 1991
The Mayor led the Pledge of Allegiance to the Flag.
Pastor Eric Smith, South Valley Community Church, gave the
Invocation in remembrance and memory of the service of Rafael
Jess Paredes, Planning Commissioner deceased.
The City Clerk noted that the Agenda had been posted on
December 12, 1991 at 9:45 a.m.
Present: Councilmembers: Mike Gilroy, Paul V. Kloecker,
Leonard A. Hale, Suellen C. Rowlison, Pete Valdez, Jr. and Donald
F. Gage; Absent: Councilmember: Sara C. Nelson.
The Mayor introduced new employee: Donald Nunes, Associate
Civil Engineer.
Motion was made by Councilman Hale seconded by Councilwoman
Rowlison that the following items under the Consent Calendar be
approved as recommended by the following Roll Call Vote: Ayes:
Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker,
Pete Valdez, Jr. and Donald F. Gage; Absent: Councilmember:
Nelson:
Approved the Minutes of the Regular Council Meeting of
December 2, 1991;
Approved Budget Amendments/Transfers as recommended;
Ord.91-23
Res.91-73
Claim-
L.Gayton
Res.91-74
Res.91-75
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Adopted Ordinance No. 91-23 Amending Title and Sections of
Article X pertaining to Director and Department of personnel/
Risk Manager, previously introduced December 2, 1991 and
published by title and summary;
OROINANCE NO. 91 - 23
AN OROINANCE OF THE CITY OF GILROY AMENDING THE TITLE AND CERTAIN
SECTIONS OF ARTICLE X OF THE GILROY CITY CODE.
PASSED AND ADOPTED this 16th day of December, 1991, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY, HALE, KLOECKER,
VALDEZ and GAGE
None
NELSON;
ROWLISON,
Adopted Resolution No. 91-73 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, setting January 6,
1992 as a Public Hearing when objections to the proposed destruc-
tion or removal of said weeds shall be heard and given due
consideration;
RESOLUTION NO. 91 - 73
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 16th day of December, 1991, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY, HALE, KLOECKER,
VALDEZ and GAGE
None
NELSON;
ROWLISON,
Denied Claim of Lucy Gayton as recommended;
Adopted Resolution No. 91-74 Approving 1992 Salary Schedule
for Fire, Police and Management per M.O.U's;
RESOLUTION NO. 91 - 74
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING
1992 SALARY SCHEDULES FOR FIRE, POLICE AND MANAGEMENT PERSONNEL.
PASSED AND ADOPTED this 16th day of December, 1991, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY, HALE, KLOECKER,
VALDEZ and GAGE
None
NELSON;
ROWLISON,
Adopted Resolution No. 91-75 Establishing an Eligible
Retirement System for its Part-time, Seasonal and Temporary (PST)
Employees in order to meet the requirements of the Omnibus Budget
Reconciliation Act (OBRA) of 1990;
RESOLUTION NO. 91 - 75
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY, CALIFORNIA TO
ESTABLISH AN ELIGIBLE RETIREMENT SYSTEM FOR ITS PART-TIME,
SEASONAL, AND TEMPORARY (PST) EMPLOYEES IN OROER TO MEET THE
REQUIREMENTS OF THE OMNIBUS BUDGET RECONCILIATION ACT (OBRA) OF
1990.
PASSED AND ADOPTED this 16th day of December, 1991, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
GILROY, HALE, KLOECKER,
VALDEZ and GAGE
None
NELSON
ROWLISON,
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1
Imprvrnts.
Res.91-76
Audit
Equipment
Pub.Hear.
GPA 91-02
Accepted Improvements for Wastewater Treatment Plant Site
Earthwork, Project 1991-05 and I.P.S. Wet Well Improvements,
Project 1989-01; and
Adopted Resolution No. 91-76 Authorizing Installation of
Four-Way stop Signs at Arroyo Circle and Camino Arroyo as
recommended.
RESOLUTION NO. 91 - 76
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING
ARROYO CIRCLE AS A STOP STREET AND CREATING A FOUR-WAY STOP AT
THE INTERSECTION OF ARROYO CIRCLE AND CAMINO ARROYO IN THE CITY
OF GILROY.
PASSED AND ADOPTED this 16th day of December, 1991, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, HALE, KLOECKER,
VALDEZ and GAGE
None
NELSON
ROWLISON,
COUNCILMEMBERS:
COUNCILMEMBER:
City Administrator Baksa presented and explained a
recommendation on a proposal to extend the contract to audit the
financial statements of the City for the next two fiscal years
with Conrad & Associates.
Motion was made by Councilman Kloecker seconded by Council-
woman Rowlison and carried that the proposal to extend the
contract to audit the financial statements of the City for the
next two fiscal years with Conrad & Associates be approved as
recommended.
City Administrator Baksa presented and explained a
recommendation to approve the bid of Environmental System
Products, Inc. in the amount of $12,443.38 for an emission
analyzer for the Vehicle Maintenance Division.
Motion was made by Councilman Kloecker seconded by
Councilman Hale and carried that the bid of Environmental System
Products, Inc. in the amount of $12,443.38 for an emission
analyzer for the Vehicle Maintenance Division be approved as
recommended.
City Administrator Baksa presented and explained a
recommendation to approve the bid of Mission Valley Ford in the
amount of $14,835.67 for a pickup and a service body for the
Street Division.
Motion was made by Councilman Kloecker seconded by
Councilman Hale and carried that the bid of Mission Valley Ford
in the amount of $14,835.67 for a pickup and a service body for
the Street Division be approved as recommended.
City Administrator Baksa presented and explained a
recommendation to approve the purchase of a used Isuzu vehicle
from Hengehold Motor Company in the amount of $8,995.00.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez by the following Roll Call Vote that the bid of
Hengehold Motor Company in the amount of $8,995.00 for a used
Isuzu vehicle be approved as recommended: Ayes: Councilmembers:
Kloecker, Rowlison, Valdez and Gage; Noes: Councilmembers: Gilroy
and Hale; Absent: Councilmember: Nelson.
The Mayor stated that it was the time and place scheduled
for the continued Public Hearing to Consider a General Plan Text
Amendment to include Section 17, "Rural/Urban Land Uses" into the
existing South County Joint Area Plan, City of Gilroy, Applicant,
GPA 91-02.
Res.#91-77
Contd.P.H.
GPA 91-04
Pub.Hear.
GPA 91-05
Res.91-78
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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 on the matter. There was no comment from anyone in the
audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez that the reading of Resolution No. 91-77 be
waived and that it be adopted approving General Plan Amendment
91-02.
RESOLUTION NO. 91 - 77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
GPA 91-02, AMENDING THE TEXT OF THE GENERAL PLAN OF THE CITY OF
GILROY TO INCLUDE SECTION 17, RURAL/URBAN LAND USE IN THE EXIST-
ING SOUTH COUNTY JOINT AREA PLAN AND TO ADOPT THE RURAL/URBAN
LAND USE IMPLEMENTATION PROGRAM.
PASSED AND ADOPTED this 16th day of December, 1991, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, HALE, KLOECKER,
VALDEZ and GAGE
None
NELSON
ROWLISON,
COUNCILMEMBERS:
COUNCILMEMBER:
The Mayor continued the Public Hearing to consider a
General Plan Amendment request of steven Nicholas and Leo Ludwig,
GPA 91-04 to change the designation and density on Gilroy'S
General Plan Map for approximately three (3) acres from Low-
Density Residential to Medium Density Residential, located at
8790 Kern Avenue and a parcel to the south, to June 15, 1992
requested by the applicant.
The Mayor stated that it was the time and place scheduled
to consider a General Plan Amendment request of Santa Teresa
Associates, GPA 91-05 to change the designation on Gilroy'S
General Plan Map to add approximately 75.6 acres within the 20
Year Planning Area, located east of Santa Teresa Boulevard, north
of Mesa Road.
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. Gloria Ballard, MH Engineering, addre~ed the Council
representing the lands of Kerley noting that the five (5)
mitigation measures were accepted by the owners.
The Mayor asked if there was anyone further in the audience
wishing to speak on the proposal. There was no comment from
anyone in the audience. The Mayor closed the Public Hearing.
Councilman Hale requested that mitigation #1 include "If
the Gilroy Unified school District and the Citv of Gilroy"
determines that the project will impact, etc. etc. Gloria
Ballard stated that the change in the wording of Mitigation
Measure #1 is acceptable with the applicant.
Motion was made by Councilman Valdez seconded by Councilman
Kloecker that the reading of Resolution No. 91-78 be waived and
that it be adopted approving General Plan Amendment 91-05 with
mitigation measures as amended.
RESOLUTION NO. 91 - 78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
GPA 91-05, AMENDING THE GENERAL PLAN MAP OF THE CITY OF GILROY
TO ADD APPROXIMATELY 75.6 ACRES EAST OF SANTA TERESA BOULEVARD,
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Pub. Hear.
GPA 91-06
Pub.Hear.
GPA 91-07
NORTH OF MESA ROAD WITHIN THE TWENTY-YEAR PLANNING AREA.
PASSED AND ADOPTED this 16th day of December, 1991, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY. HALE, KLOECKER,
VALDEZ and GAGE
None
NELSON
ROWLISON,
COUNCILMEMBERS:
COUNCILMEMBER:
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider a General Plan Amendment Request
of James and Anne Lenihan, GPA 91-06 to change the designation
and density on Gilroy's General Plan Map for approximately 9.03
acres, from Park/Public Facility to Low Density Residential,
located on Santa Teresa Boulevard east of Longmeadow Drive.
The Staff Report was noted and further explained by Senior
Planner Myer.
Council requested that Mitigation Measure #1 be amended to
include "If the Gilroy Unified School District and the City of
Gilroy" determines that the project will impact, etc. etc.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposal.
Mr. James Lenihan, owner, addressed the Council further
explaining his request for a General Plan amendment.
The Mayor asked if there was
wishing to speak on the proposal.
anyone in the audience. The Mayor
anyone further in the audience
There was no comment from
closed the Public Hearing.
Motion was made by Councilman Kloecker seconded by
Councilwoman Rowlison to accept the Staff Report and deny the
General Plan Amendment request. (Substitute motion was made and
carried. See below.)
The City Attorney read the Staff recommendation for denial.
A substitute motion was made by Councilman Valdez seconded
by Councilman Gilroy and carried that the Council action on
General Plan Amendment 91-06 be tabled to the January 6, 1992
regular meeting to determine the Gilroy Unified School District
plans relative to the Lenihan property on Santa Teresa Boulevard.
The Mayor stated that it was the time and place scheduled
to consider a General Plan Amendment request of Carlo and Evelyn
Pedron, GPA 91-07 to change Gilroy's General Plan Map from No
Designation to Professional Office and inclusion within the 20
Year Planning Area, located at the northeast corner of Cohansey
Avenue and No Name Uno, on approximately 5.68 acres.
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.
Carlo Pedron, 5530 Amby Drive, San Jose, addressed the
Council further explaining his request and letter distributed to
Council requesting approval of the General Plan Amendment.
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no comment from anyone in the
audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Kloecker seconded by
Councilman Valdez that the reading of Resolution No. 91-79 be
waived and that it be adopted denying General Plan Amendment 91-
07.
Res.91-79
Pub.Hear.
GPA 91-08
Res.91-80
Pub.Hear.
GPA 91-09
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RESOLUTION NO. 91 - 79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DENYING
GPA 91-07, WHICH PROPOSED TO AMEND THE GENERAL PLAN MAP OF THE
CITY OF GILROY TO INCLUDE LANDS AT COHANSEY AVENUE AND NO NAME
UNO WITHIN THE TWENTY-YEAR PLANNING AREA, AND TO DESIGNATE THOSE
LANDS PROFESSIONAL OFFICE.
PASSED AND ADOPTED this 16th day of December, 1991, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY,
GAGE
HALE
NELSON
KLOECKER, ROWLISON, VALDEZ and
COUNCILMEMBER:
COUNCILMEMBER:
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider a General Plan Amendment request
of Dewey and Hazel Hewell, GPA 91-08 to change the designation
and density on Gilroy's General Plan Map for approximately 1.77
acres from Low Density Residential to Medium Density Residential,
located on the west side of Church Street, north of Liman Avenue.
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. Gloria Ballard, MH Engineering, addressed the Council
representing the owner and further explained the request.
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no comment from anyone in the
audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Kloecker seconded by
Councilman Hale that the reading of Resolution NO 91-80 be waived
and that it be adopted approving GPA 91-08.
RESOLUTION NO. 91 - 80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
GPA 91-08, AMENDING THE GENERAL PLAN MAP OF THE CITY OF GILROY TO
CHANGE THE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MEDIUM
DENSITY RESIDENTIAL ON APPROXIMATELY 1.77 ACRES ON THE WEST SIDE
OF CHURCH STREET, NORTH OF LlMAN AVENUE.
PASSED AND ADOPTED this 16th day of December, 1991, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GILROY, HALE, KLOECKER,
VALDEZ and GAGE
None
NELSON
ROWLISON,
COUNCILMEMBERS:
COUNCILMEMBER:
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider a General Plan Amendment
request of Marko and Nick Gera, GPA 91-09 to change the designa-
tion and density on Gilroy's General Plan Map for approximately
2.72 acres from Local Commercial to Medium Density Residential
located on Eigleberry Street, between Sixth and Seventh Streets.
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.
Mr. Nick Gera, 236 Carmelita Drive, Carmel, addressed the
Council and further explained their General Plan Amendment
request.
Mr. Jim Simoni, property owner in the area, addressed the
Council noting that he is not opposed to the proposed project for
GPA 91-09 but objected to potential elimination of commercial in
the area.
I;t ~
Commission
Appts.
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no comment from anyone in the
audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Kloecker seconded by
Councilman Hale and carried that Council action on GPA 91-09 be
continued to the January 21, 1992 regular Council Meeting in
order to allow staff additional time to compile information on a
proposal for mixed zoning uses in the area.
Mayor Gage recommended the following for Commission and
Board Member appointments for terms expiring January 1, 1992 and
unexpired terms (1-1-95): Motion was made by Councilman Valdez
seconded by Councilman Hale and carried that the following be
appointed as recommended to the respective Commission/Boards:
Planning Commission: Ermelindo Puente, Jr., unexpired term 1-1-
95; Marie P. Gage, full term 1-1-96;
Parks & Recreation Commission: Lucretia Zimmershead,
reappointment 1-1-96; Gregory Castello, unexpired term 1-1-95;
and Mary Lou Mazzone, full term 1-1-96;
Library & Culture Commission: Albert F. Quintero, reappointment
1-1-96; Donna R. Pray, unexpired term 1-1-95; Roland Velasco,
full term 1-1-96;
Building Board of Appeals: David Sheedy, full term 1-1-96; and
Handicapped Access Board: Ben Pappani, reappointment 1-1-96.
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda.
Mr. Manly R. Willis, 7272 Carmel Street, addressed the
Council objecting to the agenda, noting that he is unable to find
anything that he can agree to.
The Mayor continued the requests of the Gilroy Downtown
Development Corporation and Santa Clara Valley Water District for
Council representative appointments until after the Council
Retreat (1-3/5-92).
The following informational items were noted with no
discussion on same except as noted:
Minutes of the Housing Task Force Committee Meeting of
November 25, 1991;
Correspondence re: Regional Government/Governance: Santa
Clara County Cities Association re: request for action on
Regional Governance issues; and Bay Area Council re: Regional
Growth Management;
United Way of Santa Clara County re: 1991 Campaign;
Gary J. Farotte in appreciation of Police Department's
actions;
Housing & Community Development Block Grant Program re:
Second Harvest Food Bank - Redirection of Funds;
Parks & Recreation Department in Appreciation;
Letter of Appreciation to Parks and Recreation Department;
Falcon Cable re: Channel Programming;
Santa Clara County Transportation Agency re: creation of
Abandoned Vehicle Abatement Service Authority (AVASA);
Manly Willis re: City Issues;
Plan. Com.
12-5-91
Park.Dist.
Pers.Com.
12-9-91
Job Classif.-
city of Alameda re: Proposed Staff Reductions for
California State Alcoholic Beverage Control Board; and
The Poppy Patch, Native Daughters of the Golden West in
appreciation re: Kern Park Development.
The Report of the Planning Commission Meeting of December
5, 1991 was noted.
Council reviewed the Staff Report on Freeway Oriented and
Master Shopping Center Signs study. Motion was made by
Councilman Kloecker seconded by Councilman Valdez and carried
that the Staff Report be accepted. Councilman Gilroy voted "no"
on the motion.
Council agreed that a discussion on Freeway Oriented and
Master Shopping Center Signs be agendized for the January 21,
1992 regular Council Meeting to allow public input on the City's
ordinance regarding this matter.
Council reviewed the Planning recommendation to not
initiate a Downtown Parking Assessment District Study.
Motion was made by Councilman Kloecker seconded by
Councilman Hale and carried that a Downtown Parking Assessment
District Study on Monterey Street, between Sixth and Seventh
Streets not be initiated as recommended.
The Mayor noted interested persons in the audience for
presentation by members of the public not on the agenda.
Mr. Vince Miller, 7792 Chestnut Street, addressed the
Council requesting prohibiting drinking in San Ysidro Park, and
noted that he would continue to pursue this request until the
matter is resolved.
Mr. Steve Manning, Chestnut Street, addressed the Council,
further noting that there are a number of problems at San Ysidro
Park, specifically a lighting problem, bathrooms are open all
night, no additional patrolling by the Police Department has
taken place, the neighborhood is creating the problem, not the
homeless. He noted that he wanted to be notified when the Parks
& Recreation Commission discusses San Ysidro Park.
Mr. Manly Willis, addressed the Council noting that the
letter he wrote to the Council was not discussed under
Informational Items and that he is opposed to the Council
Retreat.
The Mayor continued on with the regular order of the
agenda.
Council tabled action on the request of the Planning
Commission to direct Staff to perform a study on the future uses
for the northeast quadrant of Gilroy, particularly in the area
north of South Valley Hospital until after the Council Retreat
(1-3/5-92).
The Report of the Personnel Commission Meeting of December
9, 1991 was noted.
Motion was made by Councilman Kloecker seconded by
Councilman Hale and carried that the twenty-seven (27) job
descriptions be approved as recommended. City Administrator
Baksa noted amendments to the following job descriptions: Clerk
Typist I to require a valid driver's license and Clerk Typist II
to continue to perform duties of Clerk Typist I. Motion was made
by Councilman Kloecker seconded by Councilwoman Rowlison and
carried that the amendments as presented be accepted and approved
as recommended for Clerk Typist I and Clerk Typist II.
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City Clerk
Adjrnmt.
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Motion was made by Councilman Kloecker seconded by
Councilman Hale and carried that the Salary Survey of City Clerk
position for a new Range of $38,170 - $50,900. be approved as
recommended. City Administrator Baksa noted the survey reflected
an 18% increase rather than 1% as noted in the memo. The Mayor
recommended that the City Administrator evaluate the City Clerk's
position for future increases.
City Administrator Baksa noted the update on the Water
Conservation Program.
The schedule for the Eighteenth Year Application Process
Housing Community Development Block Grant was noted.
Councilman Hale requested the memo regarding criteria for
HCD monies be reissued for Council review.
Council set January 14, 1992 at 7:00 p.m. as a Joint City
Council/Santa Clara County Planning Department Study Session to
discuss South County Planning Issues: Greenbelting; San Martin
specific plan; other City/County Rural/Urban Planning concepts.
The Mayor tabled appointment of vacancies on Council
Advisory Committees and Representatives until after the Council
Retreat (1-3/5-92).
Councilman Kloecker acknowledged the presence of relatives
of Rafael Jess Paredes and thanked Pastor Smith for his kind
words during the invocation and requested the meeting be
adjourned in his memory and honor.
The Mayor noted the following meetings:
Gilroy City Council/City Manager Retreat, January 3-5,
1992, Days Inn Hotel, Seaside; and
Joint Gilroy City Council/Planning Commission Study
Session, January 13, 1992 - 7:00 p.m., Council Chambers, re:
Discussion of the Residential Development Ordinance (ROO).
At 10:33 p.m. the Mayor adjourned the meeting in memory of
Rafael Jess Paredes, Planning Commissioner deceased.
Re:::?,;;;Id' ,
Aty Clerk ~.