HomeMy WebLinkAbout1983-08-16; City Council; Minutes236
7 , e. MINUTES
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Meeting of: CITY COUNCIL (Regular Meeting)
Date Time of of Meeting: Meeting: August 6:OQ p.m. 16, 1983 \\b 5 %p%?
Place of Meeting: City Council Chambers COUNCIL /o $, 9/ 1 MEMBERS % 6 Z.
CALL TJ ORDER:
The Meeting was called to order by Mayor Casler at
6:02 p.m.
ROLL CALL was taken by the Deputy City Clerk as follows:
Present: Council Members Casler, Lewis, Kulchin,
Chick and Presmtt.
Absent : None.
INVWATI0f;l was given by Mayor Casler.
PLEDGE OF ALLEGIANCE was led by Councilwoman Kulchin.
APPROVAL OF MINUTES: (one mtion)
Minutes of the Regular Meeting held August 2, 1983, X Casler
were approved as presented. Lewis X
Kulchin xx
Minutes of the Adjourned Regular Meeting held Auqust 2, Chick X Prescott 1983, were approved as presented.
X
cmsm CALENDAR:
Council confirmed the action of the Consent Calendar, Casler X
as follows: Lewis X
Kulchin xx
Chick X
Prescott X
WAISER OF ORDINANCE TEXT READIJ!G:
Council waived the reading of the text of all ordinances
and resolutions at this meting.
1. AB #7467 - RATIFICATION OF DE”X AGAINST THE CITY.
Council ratified the payment of demands against the
City in the amount of $2,253,913.87, for the period
July 29 to August 10, 1983; Payroll demands in the
amunt of $292,299.20 for the period July 18 to
July 31, 1983; and Housing demands in the amount of
$54,125.66, for the period July 29 to August 10,
1983.
2. AI3 #7187 - Supplement #2 - NOTICE OF CCMPLETION -
RAILROAD PARKING Lcrr - PROJECT NO. 371 9.
Council accepted the construction of the railroad
parking lot as mqlete and directed the City Clerk to release the bnds thirty-five days after
recorrdation.
3. AI3 #7409 - Supplement #1 - COhTTRACT FOR TRAFFIC
SIGNALS AT PALOMA€? AIRPORT #AD AND ’4IAREww AND EL CYJYINo
REAL AND CAMIN0 VIDA ROBLE.
Council adopted RESOUJTION NO. 7327, accepting bids
and authorizing the execution of contract nos. 3148 and 3149 for construction of traffic signals at
Palomar Airport Road and Yarrow, and El Camino Real
and Camino Vida Roble.
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August 16, 1 983 COUNCIL 3 %% ?
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CONSENT CALENDAR: (Continued)
(' 9 ) 4. AB #6538 - Supplement P2 - ACCEPTANCE OF PUBLIC
IMPROVQVI~ FOR CARLSBAD 'TRACT 80-47 - NWFEX.
Council accepted the sewer irrprovements,
directed the Utilities Department to oomence maintaining the public sewer associated with CT 80-
47.
1 authorized the City Clerk to release bnds and
(50) 5. AB #7465 - REFUND OF FEES.
Council approved the refund of $1,549.00 to Dyna
Graphics id $690.00 to Wilson/Brunk Construction
for overpayment of fees.
( 50 ) 6. AB #7466 - REFUND OF FEES.
Council approved the refund of $1,892.00 to 367 Jerez Coqany, $975.00 to Daon Corporation and
$1,113.73 to Allan MacDouqall for overpayment of fees .
ORDINANCES FOR INTRODUCTION:
( 5 7, 7. AB ~437 - Supplement SCI - GENERAL PLAN ~ENIYWNT,
('I 3, ZONE CHANGE AND SITE DEVE~~ PLAN FOR. 24-UNIT APARTMENT - GPA-69(B)ZC-27//SDP-83-5-
ZIPIIMERMAN/CH.
This item was oontinued to the September 6, 1983, meeting.
ORDINANCES FOR ADOETION:
( 36 ) 8. AE3 #7458 - CCMPENSATION OF CITY CLEF3 AM) CITY (39) TREASURER.
Council adopted the following Ordinance: Casler
X Prescmtt 2.C8.020 AND 2.08.030 TO ADJUST WE COMPENSATION FOR. 'IHE
X Chick THE CARLSRAD MUNICIPAL CODE BY THE Am OF SECTIONS
xx Kulchin ORDm'CE NO. 1265, AMENDING TITLE 2, CXAPTJZR 2.08 OF
X Lewis
X
CITY CLERK AND THE CITY TREASURER.
( 67 ) 9. AB #7459 - ADMINISTR9TIVE FEVISIONS TO VARIOUS
SECTIONS OF THE CAFXSBAD MUNICIPAL CODE.
b Council adopted the following Ordinance: X Casler
Lewis
DEPA.RTMENTAL DESIGNATIONS.
X Presoott CHAPTERS AND SECTIofaS 'IO CORRECT PSSOF?TED POSITION PBD
X Chick CARLSBAD MUNICIPAL CODE BY TFIE A"m OF VARIOUS
xx Kulchin ORDINANCE NO. 1266, AMENDING TI[TLES 18, 1 9 AND 20 OF TEE
X
( 79) 10. AB a7461 - LANDSCAPE GUIDELINES MPSJUAL.
Council adopted the following Ordinance:
X Prescott 1 1 .06.025 TD PROVIDE J33R A IANDSCAPE GUIDELIW IWJYUAL. X Chick THE CARLSE3AD MUNICIPAL CODE BY THE AODITION OF SECTION
xx Kulchin ORDINANCE NO. 81 01, ANENDING TITLE 11 , CHAPTER 1 1.06 OF
X Lewis
X Casler
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11. AB #7462 - HEALTH PERMIT FEE REVISIONS.
Council adopted the following Ordinance:
X Presmtt PERMIT FEES SHALL BE DETERMINED BY 'IHE COUNTY OF SAN
X Chick ADDITION OF SECTION 6.02.030 'Io PROVIDE ?HAT HJ2ALm xx Kulchin ORDINANCE NO. 5067, AMENDING TITLE 6 CHAPTER 6.02 BY TIIT:
X Lewis
X Caslert
DIEGO.
PUBLIC IBARINGS :
12. AB #7468 - TENTATIVE MAP AND CONDOMINIUM PERMIT -
CT 82-26/CP-223 - T.P.B. INvEs?pIIENTs.
Bill Hofman, Principal Planner, gave the staff report as
contained in the Agenda Bill, using transparencies and
wall maps to show the project site.
In answer to query regarding the flood plain, Mr. Hofrr?ar
stated this property was located above the golf course
and the ground elevation only needed one additional foot.
to be added with qradinu to be above the flood plain.
Mayor Casler opened the public hearing at 6:13 p.m. and
issued the invitation to speak.
Mr. John Helm, 7302 El Fuerte, Architect and one of the
developers of the project, a-ressed Council stating he
would answer any cpestions.
Since no one else wished to speak on this ratter, the
public hearing was closed at 6:14 p.m.
Council directed the City Attorney to prepare documents Casler X
approving CT 82-26/CP-233. Lewis X
Kulchin xx
Chick X Prescott X
13. AB #7469 - ZONE CE??GE, TENTATIVE MAP AND
CoNDoMRilIW, PF;RE.IIT - ZC-283/CT 83-13/CP-237 - ELDER.
Charles Grim, Principal Planner, gave the staff report as contained in the Agenda Bill, using a transparency and wall maps showing the site and proposed project.
Mayor Casler opened the public hearing at 6:22 p.m. and
issued the invitation to speak.
Mr. Jerry Elder, La Jolla, the developer, addressed the
Council stating the proposed project will be close to
shopping, restaurants and transporta.tion. He stated the
density was appropriate due to open space on two sides:
Quail Ridge to the east and open space on the Master
Plan to the north, and agreements will be entered into
for joint mintenance of the open spaces. Mr. Elder
added the units will be built as rentals and held as
rentals for a period of time.
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PUBLIC HEARINGS : (Continued )
Mr. James Sorrentino, 2512 Via Astuto, addressed the
Council, representing himself and 273 homeowners who
own the property adjacent to this subdivision. He stated the majority of the Owners received no notification of the zoning change ar the hearing
tonight. He stated the grading could affect the aomn
property. Mr. Sorrentino requested Council set the
hearing aside until all members of the association
could be notified of the re-hearing and have a chance to
review the plans for the subdivision.
Ms. June Applegate, 2911 Via Libertad, a Civil Engineer,
addressed the Council as a homeaJner in the area. She
stated she had looked at the tentative map, which
included grading, and found it to be beneficial to the property owners .
In answer to a question from Council as to whether she received notification, she stated she had not, but the homeowners' association did receive notice.
Mr. Elder answered the notification problem by stating they had prepared lists from the tax rolls of property
owners within a 300 ft. radius of the property and had supplied stamped envelopes for the Planning Comnission hearing and for the Council hearing.
Mr. Elder stated a rmtual grading agreemnt had been sent to the Board of Directors to repair damaqes caused
by the winter storms, and an agreement has been signed
by them for the slope grading.
Since no one else wished to speak on this matter, the
public hearing was closed at 6:35 p.m.
Councilman Lewis expressed concern about the traffic circulation and felt after the Circulation Codttee recornendations had been made, perhaps staff would want to look mre closely at the traffic problem in that area.
Council directed the City Attorney to prepare documents Casler X
approving CT 83-13/CP-237 and introduced the following Lewis X
Ordinance: Kulchin X
Chick xx
ORDINANCE NO. 9697 , AMENDIS TITLE 21 OF ?HE CARLSBAD X Presmtt
1
MUNICIPAL CODE BY AMENDING 'IHE zCNING MAP FROM R-1-
10,000 TO RD" CN APPROXIMATELY 6.6 ACRES ON PFOPEXTY GENERALLY lD3QED AT ?HE SOUTHEAST CDI?KER OF AVENIDA DE
ANITA AND MA.R.Ra FOAD.
(114) 14. AB #7414 - ZONE CODE Ab!!= REVISING THE P-M
ZONE - ZCA-166 - CITY OF CAlUSBAD.
Bill Hofman, Principal Planner, gave the staff report as
contained in the Agenda Bill.
Mayor Casler apened the public hearing at 6:39 p.m. and
issued the invitation to speak. Since no me wished to speak m this matter, the public hearing was closed.
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August 16, 1983 Paqe 5
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PUBLIC HEARWS: (Continued) I Council introduced the following Ordinance:
ORDIXAP?CE ?X@. 9693, AMENDING TITLE 21, CHAPTEE. 34 OF
THE CARLSBAD MUJSJICIPfiL CODE BY REVISING THE P-M(PLANNED
INDUSTRIAL).
HOUSING AND REDEVEIXXYENT EMMISSION:
Council adjourned to the Housing and Redevelopment
Commission at 6:40 p.m. and reconvened at 6:43 p.m. with
all Council Members present.
DEPARTMEMTAL AND CITY MANAGER REPORTS:
( 86 ) 1 5. REQUEST FIX&! FVWCHO CARLSEAD MOBILEHCME UQSJ3R
NECDTLATING COMM1"EE TO ADDRESS COUNCIL. ~~ ~ ~ ~~~.
Mr. Richard Singer, Attorney, 2437 Second Avenue, San
Dieqo, addressed Council representing the Rancho Carlsbad homeowners. Mr. Singer gave a history of the
rent problems the park has experienced over the years
and the resultinq remval of 250 coaches from the park
within the last two years. Mr. Singer called attention
to the Ordinance submitted to the Council, statinq it is
not a rent mntrol Ordinance, but calls for arbitration
between the mer of the park and the tenants. He added
the Ordinance would apply only to mbilehome parks with mre than 25 spaces. If no satisfactory agreement muld
be reached between the owner and tenants, then an arbitrator would be appointed to fix fair rents.
Mr. Singer stated a mpy of a lease form had been received by him today, and no formal meetinq had been held to determine the feelings of the tenants. He
stated the lease form had my objectionable items on it
and he felt it would not be acceptable to the tenants.
Mr. Jack Stofer, 6550 Ponto Drive, Lanikai Lane Mobile
Park, addressed the Council, stating any rent arbitration agreement would have his full support.
Mayor Casler remmnded. to the Council that further study be done on this matter as far as the figures given
on the rent increases and the new lease form. She felt the Homeowners Association should study this lease form
and that Council should wait until the end of September
to take action. The Mayor stated she would like to have mre information from both sides on this matter. Any
Ordinance passed would affect all mbilehome parks, and
Mayor Casler felt those parks should be heard from to
determine whether they are dissatisfied.
B
Councilman Lewis agreed with Mayor Casler and added if a
reasonable agreement muld not be reached, the people
should return to Council and Council should take
action.
Councilwoman Kulchin inquired about the meetings and who was representing the mer, and Mr. Singer answered that
Mr. Orenyak was meeting with the tenants, as MI. Schwab
had refused to meet with them.
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Casler
X Chick
xx Kulchin
X Lewis
X
X Prescott
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Mrs. Margaret Perry, 3437 Don Alberto Drive, addressed
Council, requestinq a show of hands of people in the audience who had picked up a copy of the proposed lease.
Mayor Casler asked for a shcrw of hands, and announced
approximately one third of the people present had already picked up a copy of the proposed lease,
Mayor Casler stated the Council would wait until September 29 to consider action on the matter.
No action was taken by Council on this item.
RECESS :
Mayor Casler called a recess at 7:19 p.m. and Council
reconvened at 7:31 p.m. with all Council Menbers
present.
16, AB 87470 - WWST FOR WAIVER OF SmR CAPACITY
FEE ,
City Engineer Roy Kackley gave the staff report on this item, using a transparency to show the calculation of
this fee, as mntained in the Agenda Bill, stating an error had been made, and Mr. Hoffman actually owes the
City $8,000 additional fees.
Marty Orenyak, Building and Planning Director, reported the restaurant had ken a take-out restaurant, but is
nOw a sit-down restaurant of *proximately 60 seats.
Councilrrm Prescott stated that he would not take part
in the discussion and would abstain from voting due to E. possible mnflict of interest,
Mr. Jay Hoffman, 4901 El Camino Real, the applicant,
addressed Council, stating he had invested a
considerable amount of mney in cesspools due to the
inability to mnnect to the sewers. He gave an account
of the history of the building and the tenants.
In answer to question from Council, Mr. Kackley stated
that once additional fees are paid, they remain as a credit on the property.
Mayor Casler stated in view of what has been presented
tonight, she would like mre information on this item.
Council continued this item until September 6, 1983. Casler xx
Lewis x
Kulchin X
Chick X Prescott
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17. AB #7471 - APPEAL BY K, J, CRISMAN FOR EXTENSION OF
BUILDING PEI7MIT.
This item was continued to the next Council Meeting, September 6, 1 983.
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Utilities
18. AB #7472 - WATER RATE.
Roger Greer, Utilities Director, gave the staff report on this item as mntained in the Agenda Bill.
In reply to a question from Council, the City Attorney
explained the difference in rates is due to the
difference in methods of financing of the districts.
Council adopted the following Resolution: X Casler
X Prescott
X Chick
xx Kulchin RESOLUTION NO. 7328, REVISING WATER RATES AND CflARGES.
X Lewis
Personnel
19. AT3 #7473 - ENGINEERING DEPARTMENT REORGANIZATION.
City Manager Frank Aleshire gave the staff report on
this item as mntained in the Agenda Bill.
Council adopted the following Resolution: Casler X
Lewis
X Chick THE CITY R3 CHANGE T€IE CLASSIFICATION OF ASSOCIATE CMI
xx Kulchin RESOLUTIofa NO. 7329, AMENDING !tHE CLASSIFICATION PLAN OF
X
ENGIJWER, RECLASSIFY CERTAIN POSITIONS, AND A"D "IE
1983-84 OPERATING BUDGET. X Prescott
Finance
20. AB #7474 - TAX RATES AND BONDS FOR FISCAL YEAR 1982-
84.
Jim Elliott, Finance Director, gave the staff report as contained in the Agenda Bill.
Council adopted the following Resolutions: Casler X
Lewis X
RESOLUTION NO. 7330, FIXING ?HE AMOUNT OF REVENUE Fl3OM Kulchin
Chick PROPEm TAXES NECESSARY R3 PAY "E BONDED INDEBTEDNESS
xx
X Prescott OF THE "1962 SEWER BONDS, SERIES A, B AND C" AND "1966
X
LIBFARY BCNDS" FOR FISCAL YEAR 1983-84.
RESOLUTION NO. 7331, SETTING ?HE TAX RATE FOR ?HE 1983-
84 FISCAL YEAR.
Building
21. AI3 #5778 - Supplement #12 - CLARIFICATION OF
IMFOSITIOM OF BUSINESS LICENSE TAX.
Council introduced the following Ordinance: Casler X
Lewis xx
ORDINANCE NO. 6072, AMENDING TITLE 5, CHAPTER 5.09 OF Kulchin X
THE CARLSBAD MUNICIPAL CODE BY TIE HEWMENT OF SECTION Chick X
5.09.030 m CLARIFY ?HE CIRCUMSTANCES FOR IMPOSITION @F Prescott X
THE BUSINESS LICENSE TAX ON NEF! mSTFCJCI'ION.
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Engineerinq
22.
BATIQUITOS SJiWER.
Roy Kackley, City Engineer, gave the staff report as contained in the Agenda Bill, using a transparency to
shaw the location of the sewer lines.
AB #7475 - SEWER FEES FOR AREAS TRIBUTOFE 'IO NORT7-I
Council adopted the following Resolution:
RESOUTTION NO. 7332, ESTABLISHING REIMBUFSEMENT FEES ?XI5
CONNECTION TO ?HE NDRTliI BATIQUI'ros SEWER IJNE.
23. AB #7476 - SPEED LIMITS FOR MARRON FUND.
Roy Kackley, City Engineer, gave the staff report as
contained in the Agenda Bill, using a transparency to shaw the affected area of Marron Road.
Council introduced the following Ordinance:
ORDINANCE 3162, AMENDING TITLE 10, CHAPTER 10.44 OF "E
CARLSBAD MUNICIPAL OODE BY 'IHE ADDITION OF SECTION
10.44.130 'IO REVISE 'IHE SPEED LIMIT ON MARFXlN WAD.
24. AB 87477 - SPEED LIMITS EUR HOSP WAY.
Roy Kackley, City Engineer, gave the staff report as contained in the Agenda Bill.
Council introduced the following Ordinance:
ORDINANCE NO. 3163, AMENDING TITLE 10, CHAPTER 10.44
MUNICIPAL CODE By 'IHE ADDITION OF SECTION 10.44.140 l'C)
REVISE 'IHE SPEED LIMIT ON HXP WAY.
25. AB #7478 - SPEED LIMITS FOR ALGA ROAD.
Roy Kackley, City Engineer, gave the staff report as contained in the Agenda Bill, using a transparency to
shaw the affected area of Alga Road.
The City Attorney stated the City Council had
considered special factors that were not marent in
establishing a speed limit lower than the speed survey
indicated.
Council introduced the follawing Ordinance:
ORDINANCE NO. 3164, AMENDING TITLE 10, CHAPTER 10.44 OF
THE CARLSBAD MUNICIPAL (XIDE BY AMENDING SECTION
10.44.090 !ID REVISE THE SPEED LIMIT CbJ ALI;A l33AD.
26. AB #7480 - APPROVING Am- FOR EJGINEEFUNG
SERVICES FOR SEWER MASTER PLAN WITH "E, BRUDIN &
STONE, INC.
Roy Kackley, City Engineer, gave the staff report as contained in the Agenda Bill.
Casler
Lewis
Kulchin
Chick Prescott
Casler
Lewis Kulchin
Chick Prescott
Casler
Lewis
Kulchin
Chick Prescott
Casler
Lewis Kulchin
Chick
Presmtt
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Council adopted the following Resolution:
X Prescott CONSULTING SERVICES To DEVELOP A SEWER "ER PLAN FOR
X Chick CITY OF cARz;sBAD AND NESTE, BRUIN & STONE, INC. FOR
xx Kulchin FESOLUTICN NO. 7333, APPROVING AN AGREEMENT EE"I%EEN ?HE
X Lewis
X Casler
THE CITY OF CARLSBAD.
OFF-AGENDA ITENS :
( 70 ) Change Order for Dredging Contract
Council voted to mnsider an off-agenda item on the
X Kulchin Buena Vista Lagoon.
X Lewis the change order for the dredging contract on the
xx Casler
Chick X
Prescott X
Roy Rackley, City Engineer, gave the staff report on this item, stating a change order is needed for
additional dredging, additional islands and grading an area in the southeast corner of the lagoon behind the existing fence for a twenty-five car parking lot. He
added that the Department of Fish and Game has requested an area for beach, duck feeding and fishing.
In answer to a question from Council, Mr. Kackley stated the access to the parking would be off of
Jefferson with a right-turn in and out.
Council Member Chick stated he did not remember
discussing a parking lot.
Councilman Lewis stated he thought this was to be a
passive area and now it is a fishing and parking area.
Mr. Kackley explained the urgency of this matter was
that the initial work is 98 percent mnpleted and the contractor mst be mtified imnediately of any change.
City Manager Frank Aleshire stated it would be wiser to
go ahead with the change order and study the traffic
problems at a later time.
Council approved the change order to the Calco Casler X
Construction Contract for dredging the Buena Vista Lewis X
Lagoon to increase the munts as requested by the Kulchin X
Department of Fish and Game, with the exception of Chick X
public use of the parking areas. Presmtt xx
Public Information Program - Public Safety Center
Council voted to mnsider an off-agenda item on the Casler xx
Public Information Program for the Public Safety Lewis X
Center. Kulchin X
Chick X
Presmtt X
)i E 1
City Manager Frank Aleshire gave the staff report on
this item as contained in the Agenda Bill which he
distributed to Council, calling attention to the draft
proposal contained there.
Mr. Herb Williams, Project Director, addressed the Council, explaining some of the terminology used in the report, and also explaining the total of $32,200 did
not include pstage.
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Council adopted the following Resolution: Casler
xx Chick ASSOCIATES El CONDUCT A PUBLIC EDUCATION PROGM EOR ?HE
X Kulchin RESOLUTION 7336, ACCEPTING ME PRoposAL OF WILLIAMS AND
X Lewis
X
X Prescott PUBLIC SAFETY AND SEWICE CENTER AM) AUTHORIZING ME EXEXNJITURE OF 'IHIFiTY W MOUSAND "l HUNJImD DOLLARS
FOR SAID PROGRAM.
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(62) Council Position opposing State's Action to Confiscate
Local Government Revenues.
Council voted to consider an off-agenda item Casler
X Lewis establishing a position apposing the recent
X
xx Chick government revenues.
X Kulchin state legislation which confiscates local
Prescott X
Council adopted the following Resolution: Casler X
Lewis X
RESOLUTION NO. 7335, OPPOSING ME STATE LEGISLATURE'S Kulchin X
ACTION CONFISCATING UXAL GOWRNMENT RIWENUES. Chick X
Prescott xx
( 10 4 ) Bullet Train
Council voted to consider an off-agenda item to take a
X Kulchin
xx Lewis position on the bullet train issue,
X Casler
X Prescott
X Chick
Councilman Prescott stated he would like Council to
consider taking a position on the bullet train as he
will be attending a meeting to represent the City and felt opposition should be voiced at that time.
Mayor Casler stated she could not take a position at this time as she felt mre information was necessary,
Councilman Chick mncurred with Mayor Casler's remarks.
Council voted to go on record as opposing the bullet Casler
train at this time. Lewis xx
Kulchin X
Chick
Prescott X
CLCXSED SESSION:
Council adjourned at 9:04 p.m. to a Closed Session. Mayor Casler announced that labor negotiations would be
discussed. Council reconvened at 10:25 p.m. with all Council Members present. Mayor Casler announced that labr relations and litigation had been discussed and no action taken.
ADJOUFNVEKP:
By proper mtion, the meting was adjourned at 10:26 p.m,
Respectfully submitted,
B
Deputy City Clerk
Harriett Babbitt, Minutes Clerk