HomeMy WebLinkAboutMIN 2001 0516 CC REGMINUTES OF THE CITY COUNCIL
Moorpark, California May 16, 2001
A Regular Meeting of the City Council of the City of Moorpark
was held on May 16, 2001 in the Community Center of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Hunter called the meeting to order at 6:47 p.m.
2. INVOCATION:
Pastor Tony Amatangelo, Life Spring Community Church, gave
the invocation.
3. PLEDGE OF ALLEGIANCE:
Walter Brown, City Engineer, led the Pledge of Allegiance.
4. ROLL CALL:
Present: Councilmembers Mikos, Millhouse, Harper,
Wozniak, and Mayor Hunter.
Staff Present: Steven Kueny, City Manager; Hugh Riley,
Assistant City Manager; Joseph Montes,
Acting City Attorney (arrived at 8:05 p.m.);
Wayne Loftus, Community Development
Director; Ken Gilbert, Public Works
Director; Mary Lindley, Community Services
Director; Dana Shigley, Administrative
Services Director; Walter Brown, City
Engineer; Captain Robert LeMay, Sheriff's
Department; Deborah Traffenstedt, Assistant
to City Manager /City Clerk; and La -Dell
VanDeren, Deputy City Clerk.
5. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of Public Works Week (May 20th through May
26th, 2001) .
Mayor Hunter presented the Proclamation recognizing
National Public Works Week to Ken Gilbert, Public
Works Director.
B. Recognition of Hilary Gushwa for "Heart to Heart"
Campaign to Assist Leukemia Foundation.
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Moorpark, California Page 2
May 16, 2001
Councilmember John Wozniak presented a Certificate of
Recognition to Hilary Gushwa.
C. City Manager's Monthly Report.
Mr. Kueny introduced Ken Gilbert, Director of Public
Works, who gave the monthly report.
Mr. Gilbert summarized the Department of Public Works
responsibilities, including duties as the Caltrans
liaison, parking permit administration, sidewalk
repair, and pothole repairs. He recognized and thanked
his staff. He gave examples of the capital works
projects completed and in progress, including the
bridge widening project; six -lane Los Angeles Avenue
widening; two new traffic signals added; medians on
Los Angeles Avenue; three landscape design projects
under construction; completed slurry seal program for
2000, asphalt overlay underway which includes new
asphalt overlays on Los Angeles Avenue and Spring
Road; maintenance and conversion of traffic signals to
LED which uses only 2% energy; and all storm drain
catch basin cleaning.
Mayor Hunter stated his praise for a job well done by
the Public Works Department staff.
6. PUBLIC COMMENT:
Eloise Brown, a Moorpark resident, stated the floodlights
at Peach Hill Park recently came on at 7:00 p.m. while
there was still daylight and suggested that the lights be
adjusted for daylight savings time.
Gerald Goldstein, a Moorpark resident, discussed a Fire
Department training exercise adjacent to Chaparral School
and expressed his concern about the impact to local air
quality. He asked for comment from the Council.
Councilmember Millhouse asked staff to check on the
comments of Mr. Goldstein with regard to the impact on air
quality for the area around the exercise.
Councilmember Millhouse also stated that the work of the
Ventura County Fire Department and the fire fighters is
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Moorpark, California Page 3
May 16, 2001
appreciated and that negative comments against them are not
appropriate.
Councilmember Wozniak commented that at the time of the
fire exercise the adjacent school was not in session. He
stated that Fire Department recruits were being trained in
the event of an emergency and that neither the school nor
the children were ever in any jeopardy.
7. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
Councilmember Millhouse requested a future agenda item
regarding information about the significant number of
traffic accidents occurring with traffic turning left into
the Blockbuster video center driveway on New Los Angeles
Avenue. He requested that Captain LeMay and Mr. Gilbert
check into it.
Councilmember Millhouse requested that staff check into the
lack of parking at Miller Park and suggested that the Parks
and Recreation Commission address the issue and report back
to the City Council.
Mayor Hunter requested that Item 11.F. be pulled from the
Consent Calendar.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Hunter announced the City Council's request for
interested persons to apply for appointment to the Teen
Council and the Ventura County Area Agency on Aging. He
also announced free landfill day for Moorpark residents on
May 20th at the Simi Valley Landfill and Recycling Center.
He announced the Moorpark After Dark dance for teens at
Arroyo Vista Recreation Center (AVRC) and the Skatefest at
AVRC, where the new skate ramps would be on display and
there would be a skate contest and climbing wall.
Councilmember Wozniak discussed the Ventura County
Transportation Commission (VCTC) meeting that he attended.
He stated that Caltrans provided a map showing current
projects, and the map is posted on the VCTC website. He
stated VCTC will provide the City Council with information
on a regular basis to keep them informed.
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Moorpark, California Page 4 May 16, 2001
Councilmember Wozniak stated that Councilmember Mikos is a
member of the Transportation Planning and Policy Committee
of VCTC. He stated that Councilmember Mikos brought some
unmet needs findings to his attention and those items were
added to the VCTC agenda for discussion and were approved.
9. PUBLIC HEARINGS:
None.
10. PRESENTATION /ACTION /DISCUSSION:
A. Consider Appeal of Decision of the Director of Public
Works Denying an Application from the County of
Ventura for a Street Encroachment Permit to Construct
Modifications to Street Improvements Related to a
Proposed Project by the County to Realign Moorpark
Road. (Continued from May 2, 2001.) Staff
Recommendation: Continue to June 6, 2001.
No staff report was given.
MOTION: Councilmember Millhouse moved and Councilmember
Mikos seconded a motion to continue this item to City
Council meeting of June 6, 2001. The motion carried by
unanimous voice vote.
B. Consider Proposed Operating and Capital Improvement
Budgets for Fiscal Year 2001/2002. Staff
Recommendation: Set budget workshop for May 23 or
May 30, 2001.
Mr. Kueny gave the staff report and thanked Ms.
Shigley and her staff for their work on the budget.
Councilmember Harper stated that he preferred the date
of May 30 for a budget workshop, and Mayor Hunter
stated he agreed with that date.
CONSENSUS: By consensus, the City Council agreed to convene
the budget workshop at a Special Meeting on May 30, 2001,
at 6:30 p.m.
C. Consider Proposed City Goals and Objectives for Fiscal
Year 2001/2002. Staff Recommendation: Consider City
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Moorpark, California Page 5 May 16, 2001
Goals and Objectives for Fiscal Year 2001/2002 with
recommended budget.
Councilmember Millhouse discussed the need for future
capital improvement projects for youth sports, the
need for more and better equipped sports fields for
the middle school and high school sports teams and the
adult league; the need for a community pool; and the
need for adequate gymnasium facilities. He also
discussed the need to plan for future facilities and
keeping projects moving forward. He stated that by the
next softball season, he wants to see the completion
of an additional softball field and lighting installed
for softball and for soccer practice in the evenings.
He stated his second goal is completion of the
community pool by a definitive date in 2003. He stated
that the Moorpark Unified School District (MUSD) may
not be able to financially participate at this time
and for the time being we will only be able to
complete one pool rather than the various types that
were previously envisioned. He stated the MUSD is
amenable to sharing gymnasium space when those
projects are completed. He stated he wants to see four
new Little League fields, restrooms and concession
buildings. He suggested having the Parks and
Recreation Commission look at Little League facility
needs and make a recommendation to the City Council.
Councilmember Mikos stated she would defer her
comments until the May 17, 2001, special meeting.
In response to Councilmember Mikos, Mr. Kueny stated
that the two Commissions will have the benefit of
having the draft goals and objectives and
historically the budget is discussed with the goals
and objectives. He stated at the May 17 joint meeting,
the City Council would consider the Planning
Commission's views on the Goals and Objectives. He
advised that no final decisions are made by the City
Council at the joint meetings with the Planning
Commission and the Parks and Recreation Commission.
Councilmember Harper discussed the need for the City
to look at passive open space and trail recreational
opportunities. He stated he would like a broader
spectrum of recreational opportunities and asked staff
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Moorpark, California Page 6
May 16, 2001
to look into the possibility of the City providing a
hiking trail opportunity in the open space area
adjacent to Miller Park.
Councilmember Millhouse stated he is also in favor of
passive recreational opportunities and that is why he
suggested opening up Arroyo Vista Community Park to
allow for more passive types of activity.
Mayor Hunter asked Ms. Lindley to obtain and provide
preliminary cost estimates for the Arroyo Vista
Community Park expansion at the joint City Council and
Parks and Recreation Commission meeting.
Councilmember Mikos suggested a discussion with the
Parks and Recreation Commission at the joint meeting
regarding using the Arroyo Simi as a scenic
centerpiece and to utilize the natural area as a
resource for passive recreation uses.
CONSENSUS: By consensus, the City Council agreed to discuss
the goals and objectives at the Special Meeting on May 30,
2001, at 6:30 p.m.
D. Consider Route Freeway 23 Traffic Congestion. Staff
Recommendation: Direct staff as deemed appropriate.
Mr. Gilbert gave the staff report.
Mr. Gilbert noted a correction on stamped page 26,
Paragraph E. should state that when State Route 23 is
widened, the bridges will be re- striped to put three
lanes on the bridges rather than two lanes as stated
in the report.
In response to Mayor Hunter, Mr. Gilbert replied that
new signals are being evaluated for certain off and on
ramps.
In response to Mayor Hunter, Mr. Gilbert replied that
there have been discussions about widening Highway 101
to open up the bottleneck to allow State Route 23 to
work better, but Caltrans could not secure funding.
Councilmember Millhouse discussed the timeline for the
approved Highway 23 project. He discussed the need for
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Moorpark, California Page 7
May 16, 2001
an additional lane in each direction, which would mean
a total of four lanes. He stated the City Council
should make a formal request to Caltrans to limit the
construction during peak traffic hours. He suggested
there be no construction from 7 a.m. to 9 a.m. on the
southbound side, and on the northbound side, no
construction from 4 p.m. to 6 p.m. He also suggested
that truck traffic be restricted on Highway 23 for a
certain period of time during the day.
Mayor Hunter stated that although he is not as
pessimistic for the approval of the travel lane; he is
willing to pursue the lobbying efforts. He stated his
agreement with limiting truck hours during
construction. He also stated he would like to see the
limited truck traffic hours continue to appear on plan
and design specifications.
Councilmember Mikos stated that a longer -term solution
to the inadequate lanes on Highway 101 is to put some
type of special lane or light rail system to help move
more people through the corridor.
Councilmember Millhouse stated his agreement that
lobbying should continue, and other alternatives
should be explored. He stated it would be beneficial
to meet and work with other city councils to address
the regional issues of our area.
Mr. Gilbert stated the environmental document prepared
for the three -lane project was less of an effort,
because Caltrans had prepared a value analysis that
the current traffic would not justify two additional
lanes. He stated a four -lane project was determined by
Caltrans to be growth inducing, which would have
required an environmental impact report document for a
significant growth- inducing impact.
In response to Councilmember Harper, Mr. Gilbert
replied that the bridge structures would require
modifications, including abutments and driving piles
in order to make the bridge abutments wide enough to
handle the four lanes.
In response to Councilmember Harper, Mr. Gilbert
replied that he was unsure of the age of the bridges
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Moorpark, California Page 8 May 16, 2001
involved and was not aware if there is a similar
reactive aggregate problem in Simi Valley.
Councilmember Millhouse stated that logically a fourth
lane should be planned for State Route 23. He
concurred with Councilmember Mikos regarding exploring
other efforts for Highway 101. He discussed the need
to work with other city councils and east county
cities to be a more dynamic political force.
Mayor Hunter stated he does not want to hold up the
process. He agrees that the City should take a firm
stance on removing the truck traffic from State Route
118 to State Route 23 through to State Route 101. He
further stated that later this year, he will write a
bill and submit it to the City Council for support to
go along with AB500 signed in June 2000 by Governor
Davis. He stated the purpose is to restrict trucks
over a certain weight but that a strategy is needed
for accommodating trucks on State Route 23.
Councilmember Wozniak stated he does not want to see
the City push just the fourth lane to be added and
nothing else be done to correct the other problems. He
stated we also need to address alternative means of
transportation to solve the congestion problems. He
stated adding lanes to State Route 23 will help
alleviate some of the problems, but is not the only
issue that needs to be addressed.
Mayor Hunter stated that addition of the third and
fourth travel lanes are only a short -term solution.
Councilmember Wozniak stated the addition of lanes is
a band -aid fix, and we need to plan better for the
future by looking at both expansion and alternative
means of transportation.
Gerald Goldstein, a Moorpark resident, spoke about the
older freeway systems and discussed transit ideas.
Councilmember Millhouse stated the City Council needs
to get its input to Caltrans in a timely manner
regarding suggestions we have for the construction
phase, construction hours, and restriction of trucks.
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Moorpark, California Page 9 May 16, 2001
He commented that a list of suggestions could be
discussed at the next City Council meeting.
Councilmember Harper suggested carpooling to help
reduce some of the traffic on the roadways.
CONSENSUS: By consensus, the City Council directed staff to
prepare a letter to Caltrans regarding mitigation of
traffic congestion during construction, and schedule for
council consideration at June 6, 2001, meeting.
11. CONSENT CALENDAR:
MOTION: Councilmember Wozniak moved and Councilmember
Harper seconded a motion to approve the Consent Calendar
with the exception of Item 11.F. The motion carried by
unanimous roll call vote.
A. Consider Approval of Minutes of Regular Meeting of
April 4, 2001.
Staff Recommendation: Approve minutes as processed.
B. Consider Approval of Warrant Register -May 16, 2001.
Manual Warrants 105754 - 105763 $232,985.10
Voided Warrants 105551 $ (144.00)
Pentamation additional 105786 105787 &
remittance copies) 105788
Payroll Liability 105865 - 105873 $ 14,849.32
Warrants
Regular Warrants 105770 - 105864 $542,465.66
Staff Recommendation: Approve the Warrant Register.
C. Consider Next Bus Transit Information System.
(Continued from May 2, 2001) Staff Recommendation:
Approve VCTC's request for $5,000 for the Next Bus
Project and direct staff to make the necessary
transfers within the Transit Fund using TDA Article 8c
revenue. (ROLL CALL VOTE REQUIRED)
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Moorpark, California Page 10
May 16, 2001
D. Consider Approval of a Budget Amendment for the
Purchase and Installation of Playground Equipment at
Campus Park and Authorize Execution of Installation
Agreement. Staff Recommendation: Adopt Resolution No.
2001 -1841, amending the FY 2000/01 budget by
transferring $4,100 from Park Improvement Fund, Zone
2, to the Campus Park Playground Equipment Project and
authorize the City Manager to execute an agreement
with Premium Construction at a cost not to exceed
$15,589 for removal and installation. (ROLL CALL VOTE
REQUIRED)
E. Consider Resolution No. 2001- 1842 regarding
Transportation Congestion Relief Fund Allocation. Staff
Recommendation: Adopt Resolution No. 2001 -1842.
G. Consider Resolution No. 2001 -1843 Establishing a
Revised Classification Plan and Job Descriptions for
Non - Competitive and Competitive Service Employees and
Rescinding Resolution No. 2001 -1813 and Consider
Resolution No. 2001 -1844 Amending the Salary Plan for
Competitive Service, Non - Competitive Service and
Hourly Employees, and Rescinding Resolution No. 2001-
1814. Staff Recommendation: 1) Adopt Resolution No.
2001 -1843 establishing a Revised Classification Plan
and Job Descriptions for Non - Competitive and
Competitive Service Employees and Rescinding
Resolution No. 2001 -1813; and 2) Adopt Resolution No.
2001 -1844, amending the Salary Plan for Competitive
Service, Non - Competitive Service and Hourly Employees,
and rescinding Resolution No. 2001 -1814.
H. Consider Approval of Budget Amendment for Backup
Generator Power for the City Hall Annex Building.
Staff Recommendation: Adopt Resolution No. 2001 -1845,
amending the FY 2000/01 Budget by allocating $4,400
from the General Fund Reserve for the design of a
backup power system for the Annex and authorize the
City Manager to execute an amendment to the City's
Agreement with Lundeen and Associates to perform the
design work. (ROLL CALL VOTE REQUIRED)
I. Consider Los Angeles Avenue Area of Contribution [L.A.
Ave. AOC] and Gabbert Road -Casey Road Area of
Contribution [Gabbert -Casey AOC] Fee Revisions. Staff
Recommendation: 1) Set June 6, 2001, as the date of a
public hearing to consider the proposed increase tc
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Moorpark, California Page 11
May 16, 2001
the subject AOC fees; and 2) direct the City Clerk to
give notice of said hearing in a manner consistent
with the requirements of the appropriate sections of
the Government Code.
J. Consider Status Report on Spring Road and Tierra
Rejada Road Area of Contribution (STR AOC) Fees. Staff
Recommendation: Receive and file the report and direct
staff to return with recommendation for schedule of
loan repayments.
The following item was pulled for individual consideration.
F. Consider Report on the City of Moorpark's Energy
Shortage Contingency Plan to Address Rotating
Electrical Outages Affecting Moorpark. Staff
Recommendation: Receive and file the report.
Mayor Hunter stated he pulled this item to discuss
railroad crossing arms and traffic lights
AT THIS POINT in the meeting, Joseph Montes, Acting City
Attorney arrived at the meeting. The time was 8:05 p.m.
Hugh Riley gave the staff report.
In response to Mayor Hunter, Mr. Riley replied that for
initial power outages at the railroad crossings, the arm
should operate automatically without external power.
In response to Mayor Hunter, Mr. Riley stated he
presumed the railroad crossings are inspected on a
regular basis, however, he does no have specific
information on the inspections.
In response to Mayor Hunter, Captain LeMay replied that
the Sheriff's Department does not have the ability to
manually override the railroad crossing arms.
Mayor Hunter requested a box item ensuring the rail
crossings are regularly inspected, and that the
Sheriff's Department request and be given manual
override ability for the railroad crossings that affect
the City of Moorpark.
Councilmember Harper stated the batteries need to be
maintained at full charge and asked if they are charged
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Moorpark, California Page 12 May 16, 2001
automatically. Mr. Riley stated they do recharge
automatically and should be at full capacity.
In response to Mayor Hunter, Captain LeMay replied that
he shares the Mayor's concerns. He stated it is still
the policy of the Sheriff's Department that if
signalized intersections are not working due to power
outages, the Sheriff's Department is precluded from
stationing personnel at those intersections.
Mayor Hunter suggested getting the word out to the
general public via Channel 10 to reinforce the Vehicle
Code section about proper procedure for a four -way stop
at a signalized intersection when the traffic signal is
out. He requested that the City Manager provide a box
item to the Council stating the options that are
available to the City to protect the intersections.
In response to Councilmember Mikos, Captain LeMay
replied that the Sheriff's Department policy regarding
not stationing personnel at intersections with non-
functioning signals was formulated recently. He stated
that the Sheriff's Department tries to give as much
attention to the public safety as possible, while
balancing liability issues.
Councilmember Mikos suggested that on Channel 10, the
City might provide tips to handling rolling blackouts
during an emergency blackout.
In response to Councilmember Millhouse, Mr. Riley
replied that staff is researching the feasibility of
obtaining battery backups for the signal lights to keep
them operating during a blackout.
Captain LeMay stated that when a traffic signal goes out
under any circumstance, it should be adhered to as
though it is a stop sign.
In response to Mayor Hunter, Mr. Kueny replied that due
to the issue of liability, deputies cannot be requested
to post stop signs.
In response to Mayor Hunter, Mr. Kueny stated that the
major intersections in the City are controlled by
Caltrans, and we will need to convince them that battery
backups for traffic signals are an appropriate use of
money.
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Moorpark, California Page 13
May 16, 2001
Mayor Hunter requested that the Council be provided with
cost estimates for traffic signal battery backups by the
time they are considering the budget.
Councilmember Wozniak suggested that stop signs be
posted in intersections, because the City needs to take
the extra step to prevent fatality accidents from
occurring during these blackouts.
In response to Councilmember Harper, Mr. Gilbert replied
that the LED conversion is 90% complete. He stated the
yellow lights have not yet been converted, because it
was originally not thought to be cost effective to
change those lights. He also advised that Caltrans has
opted to now convert all of the amber lights.
CONSENSUS: By consensus, the City Council directed staff to
obtain additional information regarding acquiring and
installing signs and report back to the Council as necessary
12. ORDINANCES:
A. Consider Ordinance No. 271, A Zoning Ordinance
Amendment (ZOA) 2001 -02 Related to Chapter 17.44,
"Entitlement- Process and Procedure ", and Chapter
17.60, "Amendments to this Title ". Staff
Recommendation: Declare Ordinance No. 271 read for the
second time and adopted as read.
CONSENSUS: By consensus, the City Council determined to
continue this item to the City Council meeting of June 6,
2001.
13. CLOSED SESSION:
Mr. Kueny announced that the City Council would be going
into closed session for discussion of one case under Item
13.A., four cases under Item 13.B., and Items 13.C., 13.F.,
13.I., 13.J. on the agenda.
Mr. Montes announced that for the one case under Item 13.A.
the facts and circumstances creating significant exposure
to litigation consist of an appeal of denial of application
for encroachment permit, Moorpark Road Realignment (County
Project No. 50221), filed by the County of Ventura Public
Works Agency on March 19, 2001.
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Moorpark, California Page 14
May 16, 2001
Councilmember Mikos announced that she would not
participate in the discussion for Items 13.C. and 13.F.
MOTION: Councilmember Harper moved and Councilmember Wozniak
seconded a motion to adjourn to closed session for a discussion
one case under Item 13.A., four cases under Item 13.B., and
Items 13.C., 13.F., 13.I., and 13.J. on the agenda. The motion
carried by unanimous voice vote. The time was 8:23 p.m.
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
Subdivision (b) of Section 54956.9 of the Government
Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c)
of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
The Environmental Coalition of Ventura County vs. City
of Moorpark and City Council of the City of Moorpark
(Case No. SCO21825)
F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Hidden Creek Ranch, LP, a California Limited
Partnership and Messenger Investment Company, Inc., a
California Corporation vs. The City of Moorpark and
City Council of the City of Moorpark (Case No.
SCO23388)
I. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Employee Organization: Service Employees International
Union, AFL -CIO, CPC, Local 998
J. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Steven Kueny
Unrepresented employees: Assistant City Manager,
Director of Administrative Services, ATCM /City Clerk,
Director of Community Development, Director of
Community Services, Director of Public Works,
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Moorpark, California Page 15
May 16, 2001
Finance /Accounting Manager, Planning Manager,
Principal Planner, Recreation Superintendent, and
Senior Management Analyst
Present in closed session were Mayor Hunter, Councilmember
Harper, Councilmember Mikos, Councilmember Millhouse, and
Councilmember Wozniak; Steven Kueny, City Manager; Hugh
Riley, Assistant City Manager; Ken Gilbert, Public Works
Director; Wayne Loftus, Community Development Director; and
Deborah Traffenstedt, Assistant to City Manager /City Clerk.
Councilmember Mikos left the meeting at 9:15 p.m., prior to
discussion of Items 13.C. and 13.F. She returned to the
closed session at 9:30 p.m. Mr. Loftus and Mr. Riley left
the meeting at 9:55 p.m., prior to discussion of Items
13.1. and 13.J.
The Council reconvened into open session at 10:08 p.m. Mr.
Kueny stated that one case under Item 13.A., four cases
under Item 13.B., and Items 13.C., 13.F., 13.I., and 13.J.
were discussed and that there was no action to report.
14. ADJOURNMENT:
Mayor Hunter adjourned the
ATTEST:
Deborah S. Traf fens`bedt
City Clerk