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HomeMy WebLinkAboutMIN 1991 1016 CC REGMINUTES OF THE CITY COUNCIL Moorpark, California October 16, 1991 A Regular Meeting of the City Council of the City of Moorpark was held on October 16, 1991 in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:25 p.m. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Talley. 3. ROLL CALL: Present: Councilmembers Perez, Talley, Wozniak, and Mayor Lawrason. Absent: Councilmember Montgomery. Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Pat Richards, Director of Community Development; Lt. Dean, Sheriff's Department; Ken Gilbert, Director of Public Works; Mary Lindley, Assistant to the City Manager; Phil Newhouse, Director of Community Services; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; Lillian Kellerman, City Clerk; Dorothy Vandaveer, Deputy City Clerk. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Proclamation for Red Ribbon Week, October 19, 1991 to October 27, 1991 Mayor Lawrason read the proclamation and presented it to Lt. Dean. B. Introduction of Employee of the Month, Vicki Fox. As Ms. Fox was unable to attend, her introduction was deferred until the next meeting. C. "When Traffic Stops" Video Presentation by VCTC Connie Lawrason, 4291 Ambermeadow, spoke as the representative of the Citizen's Transportation Advisory Committee (CTAC). She introduced the film "When Traffic Stops ". Minutes of the City Council Moorpark, California Page 2 October 16, 1991 Mrs. Lawrason then reported on the CTAC meeting which was held in October. She said the members viewed a film regarding three - trailer semi trucks and the safety issue concerning them which has arisen in many states. She also reminded that "Park -In" Day will be observed October 22 and everyone is encouraged to carpool, walk, ride a bike or utilize some means of reducing traffic on that day. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: Councilmember Wozniak requested an item be added to the agenda regarding the Presbyterian Church project RPD 89 -3. MOTION: Councilmember Wozniak moved and Councilmember Talley seconded a motion to add Consideration of the Presbyterian Church Project RPD 89 -3 as agenda item 11.D. need for action having arisen since the posting of the agenda. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. 6. PUBLIC COMMENT: Ken Sherman, 15460 Dracena Avenue, spoke representing the President's Council of the Moorpark Unified School District. He invited the Council and the public to attend the School Board Candidate's Forum which will be held October 29, 1991 from 7:00 - 9:00 p.m. at the Moorpark Community High School. Father Shenouda Ghattas, 110 Fremont Street, spoke as representative of the Archangel Michael Coptic Church. He indicated that there is some confusion on the part of the applicant as to the number of staff hours that have been expended on their project and he requested that the remaining fees be waived. Bill Poleri, 6863 Trojan Court, Ventura County Arts Commission report on the previous meeting ongoing projects and exhibits. spoke as representative to the Advisory Panel. He provided a of the panel and discussed the Greg Uy, Jr., 3951 Ashbourne Lane, expressed concern about a contractor who has been performing work on his home. He requested assistance from the City to settle a disagreement that exists with the contractor. Eloise Brown, 13193 Annette Street, congratulated the City on the enhancement of the bus route service within the City. Mrs. Brown also suggested that on Cable Channel 10 a statement might be provided stating when the City Council meetings will be televised on Channel 8. Minutes of the City Council Moorpark, California Page 3 October 16, 1991 Jerry Lee Almaguer, 1225 Walnut Canyon Road, spoke stating that he feels Moorpark should be the new county seat of Ventura County. 7. COMMITTEE REPORTS: None. 8. CONSENT CALENDAR: (Roll Call Vote) MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to pull items 8.A., the Minutes of the Regular City Council Meeting of October 2, 1991, 8.G., 8.I., 8.N., and 8.Q. and approve the balance of the Consent Calendar. The motion carried by roll call vote 4 -0, Councilmember Montgomery absent for the vote. A. Consider Approval of Minutes of the Special City Council Meeting of October 2, 1991. Consider Approval of Minutes of the Adiourned City Council Meeting of September 25, 1991. Staff Recommendation: B. Warrant Register FY 1991 -92 Manual Warrants Voided Warrants Regular Warrants Approve minutes as processed. 14001 - 14010 16165 & 16183 14016 - 14094 $ 70,357.99 (60.00) $ 94,981.11 C. Consider Reauest from Moorpark Presidents Council (MPC) School Support Group for Cablecasting of the School Board Candidates Forum. Staff Recommendation: Approve recording and cablecasting with MPC responsible for the direct costs. D. Consider City Manager Approved Contract: CDBG Long Term Care Ombudsman. Staff Recommendation: Receive and file the report. E. Consider Certificate of Acceptance for an Easement Deed - Denny (PM 3408) on Wicks Road. Staff Recommendation: Approve and direct City Clerk to sign the Certificate of Acceptance. Minutes of the City Council Moorpark, California Page 4 October 16, 1991 F. Consider Adoption of Resolution Numbers 91 -809, 91 -810, 91 -811 for Approval of LDM 91 -3, IPD 90 -7 thru -13, IPD 91 -1 thru -3 and Tract 4789 (Moorpark West). Staff Recommendation: Approve Resolution Numbers 91 -809, 91 -810, 91 -811 for LDM 91- 3, IPD 90 -7 thru -13 and IPD 91 -1 thru -3 plus TR 4789. H. Consider Approval of a Certificate of Acceptance for a Ouitclaim Deed for Property Located at the Northeast Corner of Spring Road and Tierra Relada Road. Staff Recommendation: Authorize the City Clerk to execute and record the subject Certificate of Acceptance. J. Consider Approval of an Annual Tree Trimming Contract. Staff Recommendation: Approve contract and authorize the City Manager to execute same. K. Consider Approval of an Annual Street Striping Contract. Staff Recommendation: Approve contract and authorize the City Manager to execute same. L. Consider City Manager Approved Contract - J &B's Painting - Paint Security Light Poles - Civic Center. Staff Recommendation: Receive and file the report. M. Consider City Manager Approved Contract - Arriaga Concrete Work at Peach Hill Park. Staff Recommendation: Receive and file the report. O. Consider Resolution No. 91 -812 to Rescind Resolution 90 -719 Certifying the EIR for CPD 89 -1, CPD 89 -2, RPD 89 -1 and LDM 89 -1 (Mission Bell) and to Rescind Resolution No. 90 -722 Approving CPD 89 -1 and CPD 89 -2 (Mission Bell) which Resolution were Superseded by Resolution 91 -798. Staff Recommendation: Adopt Resolution No. 91 -812. P. Consider Job Description for Public Works Technician as Authorized in the FY 91/92 Budget. Staff Recommendation: Approve job description. R. Consider Continuation of Existing Temporary Use Permits for Selected Uses in Downtown Study Area. Staff Recommendation: That the Council continue the use of the Temporary Use permit process for selected uses in the Downtown Study Area for a one -year period. S. Consider Rental of Plain Paper Facsimile Machine. Staff Recommendation: Authorize transfer of $2,100 from Capital Outlay - Office Equipment Account to Equipment Rental Account and direct City Manager to execute agreement with Pitney Bowes. Minutes of the City Council Moorpark, California Page 5 October 16, 1991 T. Consider Employee Computer Purchase Assistance Program. Staff Recommendation: Authorize the employee computer purchase assistance program. The following items were pulled from the Consent Calendar for individual consideration: A. Consider Minutes of the Regular City Council Meeting of October 2, 1991. Mayor Lawrason said that item 11.I. should include a consensus action by the Council to consider potential housing for the current paramedic provider in the City concurrent with the process for the implementation of the County firefighter's proposed paramedic program. CONSENSUS: By consensus the Council determined to continue this item to the meeting of November 6, 1991. G. Consider Proposed Route Changes for the Moorpark Fixed Route Bus Service. Staff Recommendation: Approve the proposed route changes for the Moorpark Fixed Route Bus Service. In response to Councilmember Talley, Ms. Lindley said the bus will be routed through the Kavlico industrial site. MOTION: Councilmember Talley moved and Councilmember Perez seconded a motion to approve the proposed route changes for the Moorpark Fixed Route Bus Service. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. I. Consider Acceptance of Improvements to Avenida Colonia and Nogales Street. Staff Recommendation: Accept the work as complete and authorize City Clerk to file Notice of Completion and authorize release of retention. In response to Councilmember Perez, Mr. Gilbert indicated that the concerns of a resident in the area, Mr. Simen, had been resolved. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to approve the staff recommendation to accept the work as complete and authorize the City Clerk to file the Notice of Completion and authorize release of retention. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. Minutes of the City Council Moorpark, California Page 6 October 16, 1991 N. Consider A Request from the County of Ventura Public Works Agency for Review of Proposed Capital Projects (1991- 1992). Staff Recommendation: That the City Council: 1) Receive and file this report, 2) Direct staff to advise the County that the City is updating its Land Use and Circulation Elements and that the attached County Capital Projects is consistent with the City's existing General Plan. Mayor Lawrason indicated that he had pulled this item to comment that the listed capital projects are substantial and he is pleased to see that the City will be moving forward to advise the County that the City is currently updating its Land Use Plan. MOTION: Mayor Lawrason moved and Councilmember Talley seconded a motion to receive and file the report and to direct staff to advise the County that the City is updating its Land Use and Circulation Elements and that the Ventura County Capital Projects Program as submitted to the City is consistent with the City's existing General Plan. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. Q. Consider Resolution 91- to Amend Salary Resolution 91 -776 to Include the Public Works Technician Position. Staff Recommendation: Adopt Resolution No. 91- and rescind Resolution No. 91 -776. CONSENSUS: By consensus, the Council determined to continue this item to the November 6, 1991 meeting. 9. PUBLIC HEARINGS: A. Consider Resolution of Necessity No. 91- to Acquire Certain Street Right -of -Way at 14110 Los Angeles Avenue (Patton). Staff Recommendation: Adopt Resolution No. 91- . (Continued Item 9.A. from 8/21/91, 9/4/91, 9/18/91, 9/25/91 and 10/2/91). Mayor Lawrason noted that the public hearing was still open. Ms. Kellerman stated that their were no speaker cards. Mr. Kueny requested that this item be continued to the next regularly scheduled meeting. MOTION: Councilmember Talley moved and Councilmember Wozniak seconded a motion to continue the item to the November 6, 1991 meeting. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. Minutes of the City Council Moorpark, California Page 7 October 16, 1991 B. Consider Conejo Ready Mix Concrete, Conditional Use Permit No. 706, Minor Modification No. 2. New Staff Recommendation: 1) Direct staff to draft a resolution of approval to be considered at the November 6, 1991 City council meeting with conditions and findings. (Continued Item 9.G. from 9/18/91 meeting.) Councilmember Wozniak left the dais because of a possible conflict of interest due to the close proximity of his house to Conejo Ready Mix. Mr. Kueny noted that this item had previously been continued, the public hearing remaining open. He recommended that a 90 day extension be granted to allow the applicant to legally operate and to accept public comment this evening. Dave 011is spoke as Assistant Secretary of Conejo Ready Mix. He stated that they have some concerns with the conditions that have been set forth and need time to research the issues and to respond. Anne LaSette, 805 Hedyland Court, related that she has heard noise late at night from nearby truck traffic, but she stated that she cannot specifically say it is being caused by Conejo Ready Mix trucks. Ms. LaSette also read excerpts of a letter from Mr. Andrew Burg, P. O. Box 111, which expressed concern about the noise and dust he attributes to operations at Conejo Ready Mix. The letter was provided to the City Clerk. Cliff May, 13853 E. Los Angeles Avenue, stated that there are night time deliveries to Conejo Ready Mix that are noisy and disturbing. He commended City staff on the excellent staff report and said the proposed conditions contained therein should be adhered to by Conejo Ready Mix. Britton Monroe, attorney with Morrison & Forester, 555 West 5th Street, Los Angeles, spoke as legal counsel representing Conejo Ready Mix. He said the citizens' concerns are disturbing to them and they will endeavor to resolve the cause of the complaints as quickly as possible. In response to Councilmember Perez, Cheryl Kane stated that Conejo Ready Mix has made a timely application for an extension and they are legally permitted to continue operation until Council takes action on that application. Minutes of the City Council Moorpark, California Page 8 October 16, 1991 Councilmember Talley expressed concern that this process is taking so long and said it should be concluded in less than 90 days if possible. Mayor Lawrason inquired as to the status of the flood control issue. Mr. Richards stated that this issue is a complex one and that it involves all three parties, the Flood Control District, Conejo Ready Mix and the City. He indicated that the Fish and Game Department also has an interest in the issue. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to grant a 90 -day extension to Conejo Ready Mix, the public hearing to remain open and to be readvertised for a date sometime within the 90 day extension period. The motion carried by voice vote 3 -0, Councilmembers Montgomery and Wozniak absent for the vote. Councilmember Wozniak returned to the dais. C. Consider An Ordinance of the City of Moorpark, California, Amending Certain Provisions of Chapter 5.64 to Title 5 of the Moorpark Municipal Code; Pertaining to Peddlers, Itinerant Merchants and Solicitors. Staff Recommendation: Continue this matter to November 6, 1991. (Continued Item 9.I. from 9/18/91, Continued Item 9.D. from 10/2/91) Mr. Richards requested that this item be continued to the meeting of November 6, 1991. MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to continue this item to the November 6, 1991 City Council meeting. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. 10. COMMENTS FROM COUNCIL MEMBERS: Councilmember Perez requested a staff report be generated after staff contacted other cities where a program similar to the proposed paramedic program is currently operating. 11. ACTION /DISCUSSION ITEMS: A. Consider a Report Regarding Reimbursement to City for Processing Costs in Excess of Deposit Funds for CUP -90 -2 (Coptic Church). Staff Recommendation: 1) Request applicant to complete the Prior to Issuance of Zoning Clearance Conditions as specified in Planning Commission Resolution No. 90 -230, 2) Require applicant to pay the outstanding processing costs to the City by November 1, 1991. Minutes of the City Council Moorpark, California Page 9 October 16, 1991 Councilmember Perez left the dais because of a possible conflict of interest. Pat Richards gave the staff report. Councilmember Wozniak asked if the November date is mandated by some requirement or if that payment date could be changed. Mr. Richards indicated that the date is not a mandated requirement and can be changed. Mayor Lawrason said that this situation has been more complicated than either City staff or the Council originally anticipated; however, the fact remains that the time has been expended and the City has incurred the processing costs. He said the only recourse would be to give some relief on the date the charges are due to the City. Councilmember Wozniak proposed that the due date for the processing costs to be paid be changed to January 1, 1992. MOTION: Councilmember Talley moved and Councilmember Wozniak seconded a motion to approve the staff recommendation with the amendment that the applicant is to pay the outstanding processing costs to the City by January 1, 1992. The motion carried by voice vote 3 -0, Councilmembers Montgomery and Perez absent for the vote. Councilmember Perez returned to the dais. B. Consider Status of Residential Planned Development Nos. 90 -1 90 -3 90 -4. Tentative Tract Maps 4738 and 4726, General Plan Amendment adopted by Resolution 91 -786, Zone Change No. Z -90 -2 adopted by Ordinance 144 (Westland) and Possible Reconsideration of Prior Council Action on These Items and Affordable Housing Agreement. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny stated that Mr. Hartman had indicated difficulty in proceeding with the project as approved. Mr. Kueny suggested that the Affordable Housing Committee meet with Mr. Hartman to consider his concerns. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion that prior Council action was reconfirmed, and to direct the Affordable Housing Committee to meet with Mr. Hartman to listen to his concerns and ideas regarding the project. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. Minutes of the City Council Moorpark, California Page 10 October 16, 1991 C. Consider High Street (Magnolia to Bard) Curb, Gutter and Sidewalk Conceptual Design. Staff Recommendation: Approve conceptual design. Mr. Gilbert gave the staff report. Councilmember Talley expressed concern that the last historic piece of wooden sidewalk would be removed as a result of this project. He said he does not want that to happen. Councilmember Wozniak said a lot of concerns have been expressed regarding the elimination of the wooden sidewalk, but that the committee had viewed it from a safety standpoint. He said this issue may come back when the Downtown Study is addressed at a future date. Mayor Lawrason said the historical flavor of the wooden sidewalk should be retained. Mr. Kueny suggested that the Public Works/ Facilities Committee be directed to work out a bid option to incorporate the existing wood sidewalk or a recreation of the wood sidewalk to be located in front of the Redwood Cafe. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to approve the conceptual design with the amendment that the Public Works /Facilities Committee be directed to work out a bid option to incorporate the existing wood sidewalk or a recreation of the wood sidewalk for location in front of the former Redwood Cafe. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. D. Consider Presbyterian Church Project RPD 89 -3. Councilmember Wozniak said he had received a phone call from Dave Wilkinson, Presbyterian Church pastor, with concerns about the church's understanding of the use of modular buildings on the site and about the fees being charged for City staff time. Councilmember Wozniak said he would like staff to meet with the representatives from the church to work out where the fees are coming from and to clarify the use of the modular buildings on the site. Mr. Kueny indicated that the change in the church's plans borders on constituting a major modification, but that staff is treating it like a minor modification in an attempt to minimize cost and time to the applicant. Minutes of the City Council Moorpark, California Page 11 October 16, 1991 Mr. Richards addressed the scope of the change and said the church is proposing the use of temporary trailers, a reduction in the amount of parking spaces, modification to landscape and lighting plans and architectural changes. Mayor Lawrason asked when this project can be brought back to Council for consideration. Mr. Richards said the City needs to have a larger deposit first, then it will be processed as quickly as allowed by schedule. He indicated that since it is a modification of an approved project there is no public hearing or environmental review to be done so that will not delay it. CONSENSUS: By consensus, the Council determined to waive their rules of procedure and allow Pastor Wilkinson to speak regarding this item. Dave Wilkinson, 4791 Elderberry Avenue, spoke as pastor of the Presbyterian Church. He stated that the project cannot move forward until the applicant knows what the City will do with regard to the modular building approval and the other issues. He said the issues should be addressed as soon as possible and, if it is slipped from the November 6 meeting to the November 20 meeting, it would have a definite impact on the church's building schedule. Reverend Wilkinson said he does not understand why such an extensive review of the project is necessary at this point when that was done at the time of the initial application and staff direction has been followed exactly by the church. Councilmember Talley stated that he cannot determine that a time limit should be placed on this for City staff. Councilmember Wozniak said he does not want to "shortchange" the applicant or the City by rushing the project through the process. Mr. Kueny said staff will endeavor to complete the Minor Modification by the November 6th date to bring it back to Council or have a status report prepared for consideration at that time. He said the Senior Planner would be asked to work overtime to complete the necessary work. In either case, he said the City requires a larger deposit from the church, a deposit to cover twenty hours of staff time, which would be $1,420.00. Minutes of the City Council Moorpark, California Page 12 October 16, 1991 CONSENSUS: By consensus, the Council determined to require a deposit equal to 20 hours of staff time and to direct staff to endeavor to complete the Minor Modification for the meeting of November 6, 1991 or, if not possible, to provide a status report to the Council for the meeting. 12. ORDINANCES: A. Consider an Ordinance of the City of Moorpark Amending Article 8 of Chapter 1 of Division 8 of the Moorpark Municipal Code Adding Section 8108 -1.3.7 Regarding Vehicle Stall Space Standards for Private Multi -Level Parking Structures. Staff Recommendation: Introduce ordinance for first reading. Mr. Kueny indicated there were still outstanding fees owed by Litton for their project. MOTION: Councilmember Talley moved and Councilmember Wozniak seconded a motion to continue this item to the November 6, 1991 meeting. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. B. Consider an Ordinance of the City of Moorpark Amending Section 8105 -5 Pertaining to Auto Body Repair and Painting in Certain Commercial and Industrial Zones of the City. Staff Recommendation: Introduce ordinance for first reading. Ms. Kane read the ordinance title. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to read the ordinance title only. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to waive further reading and declare Ordinance 145 introduced for first reading. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. 13. FUTURE AGENDA ITEMS: None. 14. CLOSED SESSION: MOTION: Councilmember Wozniak moved and Councilmember Talley seconded a motion to adjourn to Closed Session for a discussion of all items listed on the agenda: A. Personnel. Minutes of the City Council Moorpark, California Page 13 October 16, 1991 B. Potential litigation pursuant to Government Code Section 54956.9 (b) (1) C. Potential litigation pursuant to Government Code Section 54956.9(c) D. Litigation concerning City of Moorpark vs. Moorpark Unified School District. E. Litigation concerning Ventura County Community College District vs. City of Moorpark. F. Litigation concerning the County of Ventura vs. City of Moorpark. G. Litigation concerning the Moorpark Mosquito Abatement District vs. City of Moorpark. H. Litigation concerning Colonial Mortgage vs. the City of Moorpark. I. Negotiations for Real Property at 280 Casey Road (Moorpark Unified School District) pursuant to Government Code Section 54945.8. J. Negotiations for Real Property on Los Angeles Avenue (East) pursuant to Government Code Section 54945.8. K. Litigation concerning Conejo Freeway Properties, LTD. vs. City of Moorpark. L. Litigation concerning City of Moorpark vs. Camrosa Water District. M. Litigation concerning City of Moorpark vs. Pacific Bell. N. Litigation concerning City of Moorpark vs. Southern California Edison Company. 0. Litigation concerning City of Moorpark vs. Shell Oil Company. P. Negotiations for Real Property for Arroyo Vista Community Park pursuant to Government Code Section 54945.8. The motion carried by voice vote 4 -0, Councilmember Montgomery absent for the vote. AT THIS POINT in the meeting a recess was declared. The time was 9:50 p.m. Minutes of the City Council Moorpark, California Page 14 October 16, 1991 The Council reconvened into Closed Session at 10:10 p.m. Present in Closed Session were all Councilmembers but Councilmember Montgomery; Steven Kueny, City Manager; Richard Hare, Deputy City Manager; and Cheryl Kane, City Attorney. The meeting reconvened into Open Session at 10:40 p.m. Mr. Kueny stated there was no action to report out of Closed Session and only items 14.A., 14.B., 14.C., 14.G., 14.H. and 14.J. were discussed. AT THIS POINT in the meeting the City Manager suggested the City Council add an item concerning the scheduling of the City Selection Committee on October 18, 1991 and the inability of Mayor Lawrason to attend the meeting, the need for action having arisen after the posting of the agenda. MOTION: Councilmember Perez moved and Councilmember Talley seconded a motion to add an item to the agenda concerning the scheduling of the City Selection Committee on October 18, 1991 and the inability of Mayor Lawrason to attend, the need for action having arisen after the posting of the agenda. The motion carried by 4 -0 voice vote, Councilmember Montgomery absent. Council discussion ensued regarding the purpose of the City Selection Committee meeting to nominate a candidate for consideration by Governor Wilson for the Coastal Commission. It was determined that none of the Councilmembers present would be able to attend. 15. ADJOURNMENT: MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to adjourn the meeting. The motion carried by 4- 0 voice vote, Councilmember Montgomery absent. The time was 10:50 p.m. Pau W. Law son Jr., M or