HomeMy Public PortalAboutCity Council_Minutes_1990-07-17_Regular 1990CITY `OF" TEMPLE CITY ._
CITY COUNCIL
MINUTES'
July 17, 1990
INITIATION:
1. CALL TO ORDER
Pursuant to the Agenda posted July 13, 1990, Mayor Breazeal
called the meeting of the City Council to order at 7:30 P.M. on
Tuesday, July 17, 1990.
2. The invocation was given by Bishop Lowry, Church of Jesus
Christ of Latter Day Saints, 6249 Kauffman.
3. The Pledge of Allegiance to the Flag was led by Richard Lee,
Troop #174.
Mayor Breazeal presented a souvenir Agenda to both Bishop Lowry
and Richard Lee and thanked them for their participation.
4. ROLL CALL:
Present: Councilmembers Froehle, Manning, McGowan,
Wilson, and Breazeal
Also Present: City Attorney Martin, Community Development
Director Dawson, Parks & Recreation Director
Kobett, Assistant to the City Manager
Durham, Field Services Coordinator Hart,
Finance Director Maldonado, Special Counsel
Parrington, Staff Writers from Temple City
Times, Los Angeles Times and West Arcadia
Hub Shopper
Mayor Breazeal reported he received correspondence from the League
of California Cities regarding the possible shift of vehicle li-
cense fee revenues from cities to counties due to the 3.6 billion
dollar deficit of the State Budget. He said if this were to occur,
Temple City would face a twenty -five percent reduction in revenues.
He urged residents to contact Assemblyman Mountjoy and State Sena-
tor Russell stating their opposition to reduction of local reve-
nues.
5. CONSENT CALENDAR:
Mayor Breazeal requested Items A.1 and H. be removed from the
Consent Calendar. Mayor Breazeal commented on Item F. re-
questing authority to send a letter of appreciation to Commu-
nity Transit Services. Councilmember Froehle moved to approve
the remainder of the Consent Calendar as presented, seconded by
Councilmember Manning and unanimously carried.
City Council Minutes, July 17, 1990 - Page 2
A. APPROVAL OF MINUTES -
1. Adjourned Meeting of July 11, 1990
Approved the Minutes of the Adjourned meeting of July
11, 1990 as submitted.
B. FIREWORKS STANDS: REFUND OF DEPOSITS, 1990 -
Approved the refund of deposits for the 1990 Fireworks
Stand Permitees.
C. ACCEPTANCE OF BID: PROJECT 90 -1, CAPE & SLURRY SEAL,
MAINTENANCE AREA 4 -
Accepted bid from IPS Services, Inc. in the amount of
$145,756.35 and authorized the Mayor and City Clerk to sign
the agreement.
D. ACCEPTANCE OF BID: PROJECT 90 -2, REPAINTING OF PAVEMENT
MARKINGS AND STRIPING SCHOOLS, SELECT SYSTEM STREETS AND
MAINTENANCE AREAS 1, 2 & 3 -
Accepted bid from Arrow Straight Marking and Striping Serv-
ice in the amount of $32,036.40 and authorized the Mayor
and City Clerk to sign the agreement.
E. ACCEPTANCE OF WATER SYSTEM, EXONERATION OF FAITHFUL PER-
FORMANCE DEPOSIT, PARCEL MAP NO. 18884 AT 5403 WELLAND -
Approved and accepted work completed in compliance with the
plans and specifications and in a manner satisfactory to
the City Engineer, authorized the release of the Faithful
Performance Deposit and instructed the City Clerk to notify
the Los Angeles County Public Works Department.
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F. APPROVAL OF AGREEMENT: DIAL -A -RIDE -
Approved agreement for Dial -A -Ride services with Dootson
Enterprises, Inc. for Fiscal Year 90 -91 and authorized the
Mayor and City Clerk to sign the agreement.
G. OFFER OF DONATION: TEMPLE CITY LIONS CLUB -
Accepted donation of $200 for the All City Easter Egg Hunt
to be held on March 30, 1991 and approved sending letter of
appreciation.
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I PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING OF
JULY 10, 1990 -
Received and filed.
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City Council_ Minutes,_ Jule 17, 1990 - Page 3
J. RESOLUTION NO. 90 -2981: APPROVAL OF PAYMENT OF BILLS -
Adopted Resolution No. 90 -2981 approving claims and de-
mands,kzin= the amount. of. $207,043.91.
A. APPROVAL OF: MINUTES'- Regular meeting, of July 3, 1990
Mayor Breazeal stated his testimony in Paragraph 2, Page
10, of the Minutes is incorrect. He said he had stated
that tipping fees for uncontaminated green waste would be
reduced by $4.00 per ton and it is expected that this
reduction would help to off -set increases as a result of
recycling and asked that the Minutes be corrected accord-
ingly.
H. ZONING CODE AMENDMENT: ORDINANCE NO. 90 -668 (2ND READING)
TO PERMIT A TOWING SERVICE AS AN ANCILLARY USE IN THE C -2
AND C -3 ZONES -
Mayor Breazeal stated the Ordinance should be modified to
reflect Council's original intent to limit the number of
tow trucks to two and the ancillary use must be under the
same primary business name.
Councilmember Froehle moved to approve Items A.1 and H. as
recommended, seconded by Councilmember Manning and unani-
mously carried.
6. UNFINISHED BUSINESS:
A. PUBLIC HEARING: STREET LIGHT IMPROVEMENTS, 9500 BLOCK OF
WEDGEWOOD STREET, EAST OF CLOVERLY AVENUE (Pursuant to
Chapter 27, Improvement Act of 1911, Streets & Highway
Code) -
Community Development Director Dawson stated City Council
at their regular meeting held July 3, 1990, set public
hearing for the installation of four high pressure sodium
vapor street lights to be installed on existing wood poles
with overhead electrical service in the 9500 block of
Wedgewood Street. All property owners were contacted and
twenty -eight of the forty -seven property owners were in
favor of the installation. This total exceeds the sixty
percent approval requirements.
Mayor Breazeal declared the public hearing open and invited
anyone wishing to speak on this item to come forward at
this time.
As there was no one who wished to speak on this matter,
Councilmember Froehle moved to close the public hearing,
seconded by Councilmember Manning and unanimously carried.
City Council Minutes, July 17, 1990 - Page 4
Councilmember McGowan moved to approve the Negative Decla-
ration, instructed the Superintendent of Streets to cause
the work to be accomplished and to report on the improve-
ments when the work is completed, and approved the annexa-
tion of the area to Assessment District Zone A, seconded by
Councilmember Manning and unanimously carried.
B. PUBLIC HEARING: MORATORIUM ON CERTAIN TYPES OF DEVELOPMENT
WITHIN THE R -2 AND RE -3 ZONES OF THE CITY -
Mayor Breazeal thanked the Star News and Temple City Times
for their coverage of the moratorium.
Community Development Director Dawson provided background
information summarizing the staff report dated July 17,
1990 and presented to Council the options available to
them.
Option 1
Option 2
Option 3
Option 4
Option 5
Terminate the moratorium.
Extend the current moratorium.
Modify density provisions of the current
moratorium and extend the moratorium.
Exclude R -3 zoned parcels along Temple
City Boulevard and Rosemead Boulevard and
treat other R -3 zoned properties as being
the same as R -2 and consider various
density levels.
Treat R -3 zoned properties on Temple City
Boulevard and Rosemead Boulevard as being
R -4 by creating an additional
multiple - family density category and
considering various density levels.
City Attorney Martin stated normally the City Council,
composed of five members, acts on a basis of any three and
a 3 -2 vote will accomplish almost anything as far as an
ordinance is concerned. A moratorium is unique in zoning
law and is one that requires a 4 /5ths vote so those Coun-
cilmembers who wish to do something by way of one of the
options will have to obtain four votes and those
Councilmembers who wish to kill anything need to obtain two
votes. Of the options that are available, the first is to
do nothing, in which case the moratorium dies on July 20,
1990 and will be dead for the foreseeable future. If
Council obtains four votes to do something, they have the
privilege of extending the ordinance for ten months and
fifteen days. In addition, Council has the privilege of
modifying, if all modifications are a relaxation of what
was imposed initially. There can be no tightening, n
strengthening, or no additional burden placed on the exten-
sion of a moratorium. Council may also adopt a new mora-
torium of any kind that would extend and put the burdens
into effect for another forty -five days.
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City Council. Minutes, July 17, 1990 -. Page. -5
Mayor Breazeal introduced Corrie Kates, Henry Sakamoto, and
Santiago Lopez as part of the Planning.staff responsible
for compiling the Density Study for R -2 and R -3 Areas.
Mayor Breazeal_declared -the public hearing open and invited
anyone wishing to speak, on this item to come forward at
this time. He stated Council received a copy of the June
5, 1990 minutes and those who spoke at that meeting need
not repeat their positions. He indicated a five - minute
time limit will be imposed on those wishing to comment on
this item.
Bob McGinnis, 6120 North Camellia spoke in support of
extending the moratorium.
Das Sheenh, 5612 Golden West spoke in support of extending
the moratorium.
Joan Vizcarra, 5632 Golden West spoke in support of extend-
ing the moratorium.
Lenna Coomber, 5611 Golden West spoke in support of extend-
ing the moratorium.
Mae Rosenkranz, 5351 Welland spoke in support of extending
the moratorium.
Veronica Zielinski, 5837 Agnes spoke in support of extend-
ing the moratorium.
Harold Steffun, 5508 North Welland Avenue expressed opposi-
tion to an extension of the moratorium.
John Cambianica, 6161 Temple City Boulevard expressed
opposition to an extension of the moratorium.
Norman A. Dunkin, 5420 Welland Avenue expressed opposition
to an extension of the moratorium.
Rex Sterling, 8818 Hermosa expressed opposition to an
extension of the moratorium.
Arnold Gross, 6029 Alessandro expressed opposition to an
extension of the moratorium.
Donald Roberts, 4938 Glickman Avenue expressed opposition
to an extension of the moratorium.
Lisa Roberts, 4938 Glickman Avenue expressed opposition to
an extension of the moratorium.
Shirley Seiler, 4908 Glickman expressed opposition to an
extension of the moratorium.
City Council_Minutes, July 17, 1990 - Page 6
Butch Mecca, 6160 Temple City Boulevard expressed opposi-
tion to an extension of the moratorium.
Joe Brubaker, 6038 Primrose._:. expressed- opposition to an
extension of the moratorium.
As there was no one else who wished to speak on this
matter, Councilmember Froehle moved to close the public
hearing, seconded by Councilmember McGowan and unanimously
carried.
Mayor Breazeal indicated he had received a phone call from
James Gorjans expressing opposition to an extension of the
moratorium. He also stated Council had received correspon-
dence from the following people regarding the moratorium:
Mary Ann Melvin opposed extension of the moratorium.
Carol Stamey opposed extension of the moratorium.
Adolph and Teresa Collaso opposed extension of the morato-
rium.
Vincent and Mary Petralia opposed extension of the the
moratorium.
Bill and Glenda Maddox support extending the moratorium.
Willis E. Fagan opposed extension of the moratorium.
Virginia Waade opposed extension of the moratorium.
Kevin and Jane Dorsey opposed extension of the moratorium.
Ryan D. Rice opposed extension of the moratorium.
Joseph and Kathy Brubaker opposed extension of the morato-
rium.
Councilmember Froehle stated he felt Temple City is not a
high density area. He said 87% is zoned R -1 and less than
13% is zoned R -2 and R -3. The density levels in effect
prior to the moratorium were not chosen arbitrarily but
after many discussions similar to this public hearing. He
discussed the down - zoning that has taken place in the past
three years and indicated that Temple City has achieved the
proper density balance. He is concerned if the City were to
become too restrictive then recycling of properties that
are old, deteriorated or run -down would not occur. H
stated he is not in favor of extending the moratoria
beyond forty -five days. He said he would consider lookin
at additional development standards that would not affect
density.
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City: C° let"" ;.,? _17:; .199t
Mayor, Breazeal concurred- with_ Couacilmember.-Froehle• and
suggested' - entertaining' a motion toz4:not rcont nue the morato-
rium and discuss other development standards._
Councilmember-Manning- stated: she- felt - Council- shot-dis-
cuss this issue.
Councilmember McGowan stated she had spoken to many people
and felt the general concensus is that there is a need to
reduce development and return to a small town atmosphere.
She felt a decrease in density and increase in green open
space would create a satisfying balance. She is concerned
the children of the future will not have room to play.
Councilmember Wilson stated eighteen units per acre should
be permitted along Rosemead Boulevard, twelve units per
acre along Temple City Boulevard and ten units per acre
for the remainder of the R -2 and R -3 zones- to assure more
green space. She suggested further reduction in the per-
centages in second story construction.
Councilmember Manning stated she is concerned that more
cement and less trees will create more pollution. She said
she is not opposed to development but opposes random high
density development. She suggested increasing the square
foot ratio of open space from 500 square feet to 800 square
feet. She commented increased density will increase traf-
fic, crime and pollution. She stated she is in favor of
continuing the moratorium and permitting ten units per acre
in the R -2, fourteen units per acre in the R -3 and desig-
nating Temple City Boulevard and Rosemead Boulevard for
higher density. She suggested requesting input from resi-
dents within the R -2 and R -3 Zones.
Mayor Breazeal stated he is not opposed to change but felt
it is important to look at what the City has done histori-
cally to control density and bulk by adopting the Floor
Area Ratio and increased second story setbacks. He indi-
cated a reduction in density will increase housing costs
because the absolute value of land will not decrease pro-
portionate to the reduction in density. He stated there
are approximately 10,800 residential units in Temple City,
87% of which are zoned R -1 and staff recommends that 497
parcels, 4.6% of all residential lots, are ripe for devel-
opment. He indicated he sees no justification in continu-
ing the moratorium at the reduced densities, however,
is a problem and staff has done a commendable job in pre-
senting suggestions that will make a modest reduction in
density and a substantial reduction in bulk. He said he
will support a new moratorium imposing the four suggestions
recommended by staff.
City CounciL Minutes;_ July 17, 1990 - Page._.8
Counci-lmember.- Froehle moved to deny continuation of the II
moratorium, seconded by Mayor Breazeal and motion did not
carry on a roll call vote as follows:
ROLL CALL:
AYES: Councilmembers Froehle, Breazeal
NOES: Councilmembers Manning, McGowan, Wilson
ABSENT: None
City Attorney Martin stated the motion did not carry,
therefore, the moratorium will die on July 20, 1990.
Councilmember Froehle moved to adopt an urgency ordinance
modifying current development standards, seconded by
Councilmember McGowan and carried on a roll call vote as
follows:
ROLL CALL:
AYES: Councilmembers Froehle, Manning,McGowan,Wilson,Breazeal
NOES: None
ABSENT:None
City Attorney Martin introduced by title only Urgency
Ordinance No. 90 -669U, AN INTERIM ZONING ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY IMPOSING A MORATO-
RIUM ON CERTAIN BULK, DESIGN, SCALE AND OPEN SPACE REQUIRE-
MENTS IN THE R -2 AND R -3 ZONES FOR A PERIOD OF 45 DAYS.
Councilmember Manning moved to waive further reading and
adopt Urgency Ordinance No. 90 -669U, seconded by Council -
member McGowan and carried on a roll call vote as follows:
ROLL CALL:
AYES: Councilmembers Froehle, Manning,McGowan,Wilson,Breazeal
NOES: None
ABSENT:None
Councilmember Manning moved to refer to the Planning Com-
mission for study the various options recommended by staff,
seconded by Councilmember McGowan and carried on a roll
call vote as follows:
ROLL CALL:
AYES: Councilmembers Manning, McGowan, Wilson
NOES: Councilmembers Froehle, Breazeal
ABSENT: None
9:25 p.m. Mayor Breazeal called a short recess.
9:40 p.m. Mayor Breazeal reconvened the meeting.
City- Council- Minutes,_July, L7 199(1:-.- ?ages 9.:
7. NEW BUSIIIESS:.
A. PURCHASE OF S.M.A.R.T DEVICE -BY CITY-OF ROSEMEAD -
_ mac. - ar .
�oiim pity` beveloptdu�a DireCiO � Da o _� sta°i theme Miff lc-
Commission, at their meeting 'of -July 11, 1990, discussed
written notice dated May 21, 1990, from the City of Duarte
offering to sell their one -half share of the Speed Monitor-
ing Awareness Radar Tool (SMART). The City of Rosemead, in
a staff memo dated June 21, 1990, has stated their desire
to purchase one -half ownership of the SMART from Duarte.
Councilmember Froehle moved to authorize staff to cancel
the agreement with the City of Duarte at their request;
approve the agreement with the City of Rosemead and author-
ize the Mayor and City Clerk to sign the agreement, sec -
onded. by Councilmember Manning and unanimously carried.
B. AB 939 - FORMATION OF SAN GABRIEL VALLEY SOLID WASTE JOINT
POWERS AUTHORITY -
Public Works Coordinator Peterson stated in order to meet
the requirement of AB 939, fourteen San Gabriel Valley
cities have joined together to contract with one consultant
who will conduct required studies and prepare required
plans. To formally join together, a Joint Powers Authority
is being formed by each city approving the JPA Agreement.
Costs will be divided fairly among the fourteen cities.
Mayor Breazeal stated he received a proposal from the
Sanitation District regarding a JPA Agreement and inquired
if this proposal is in conflict with the San Gabriel Valley
Solid Waste Joint Powers Authority.
Public Works Coordinator stated the San Gabriel Valley
Solid Waste Joint Powers Authority is sanctioned by the
Sanitation District. The Sanitation District will only
assist cities organized into groups and has provided a JPA
agreement for those cities not presently involved in an
organized group. He indicated this agreement does an
esf n
apply to Temple City as the City is already part
organized group.
Community Development Director Dawson asked if this item
could be continued to the next regular meeting to be held
on August 7, 1990.
Public Works Coordinator Peterson stated an answer is
requested by the end of the month.
Councilmember Froehle moved to continue this item to an
Adjourned Meeting on July 31, 1990 to allow staff time to
compile information regarding the JPA Agreement and to
clarify information received from the Sanitation District,
seconded by Councilmember Manning and unanimously carried.
City Council Minutes, July 17, 1990 - Page 10
C. DESIGNATION OF SURVEY AREA -
Community Development Director Dawson stated the City
Council is authorized to adopt a resolution designating
redevelopment survey areas. The proposed study site
consists of the block bounded by Hermosa Drive on the
north, Rosemead Boulevard on the east, Elm Avenue on the
south and Reno Street on the west except the northwest
portion of such block. Adoption of the resolution desig-
nating this survey area will not commit the City or its
Redevelopment Agency to any course of action, but will only
identify the area for study purposes.
Special Counsel Parrington stated this area identifies what
has been acquired by the developer, Champion Development,
and also identifies parcels that the Redevelopment Agency
has studied and looked at for possible acquisition or as
relocation sites in connection with the development of
Parcel A. The designation of the survey area would assist
the Agency in those acquisitions.
Councilmember Manning moved to adopt Resolution No.
90 -2982, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY DESIGNATING A SURVEY AREA FOR REDEVELOPMENT
STUDY PURPOSES, seconded by Councilmember Wilson and unani-
mously carried.
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8. COMMUNICATIONS: NONE
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
Joan Vizcarra, 5632 Golden West requested clarification on the
action taken regarding the moratorium.
Mayor Breazeal clarified the action taken.
Arnold Gross, 6029 Alessandro indicated the current permitted
increase in residential dwellings would not significantly
increase school enrollments. He said he felt the school
grounds should be open for children's use after hours.
Mayor Breazeal stated the Parks and Recreation Department
shares facilities with the Temple City School District for
various recreation programs that are available to all resi-
dents.
Das Sheenh, 5612 Golden West stated he is in favor of quality
development with more open space.
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City. Co! Dtinatee - July,,17,_199a Pags.: 11_
10. RECESS = TO CRA:
At it2.6: p.m..the- City Council met' asp -the Temple City Comity
Re. � .- cy"�v . a p= ' . they- ,MiAt%tea of the regular.
mee .'�`of"� Jul -3; - 3`,1/1'990 "adopted R O .tiar?�No. CRk 91 412
setting a public hearing for August 7, 1990 for the Design for
Development for the northwest corner of Rosemead Boulevard and
Broadway; approved modifications by Champion Development Com-
pany to the approved preliminary plans for the Block A Commer-
cial Development Site, subject to certain conditions; and
adopted Resolution No. CRA 90 -411 allowing claims and demands
in the amount of $13,618.52. Minutes of the Agency are set
forth in full in the Agency's records.
RECONVENE AS CITY COUNCIL:
11. ACTION ON REQUEST BY CRA: NONE
12. MATTERS FROM' CITY OFFICIALS:
A. LEAGUE OF CALIFORNIA CITIES MAYOR AND COUNCILMEMBERS EXECU-
TIVE FORUM, JULY 18 -20, MONTEREY -
Council briefly discussed this item.
Councilmember Froehle moved to approve attendance by
Councilmember McGowan at the League of California Cities
Mayor and Councilmembers Executive Forum, July 18 -20, in
Monterey; authorize necessary expenditures; and amend the
budget accordingly, seconded by Councilmember Manning and
unanimously carried.
B. CONSIDERATION OF CHANGING AUGUST MEETING SCHEDULE -
Councilmember McGowan requested this item be removed from
the Agenda.
C. SCJPIA ANNUAL MEETING JULY 31, 1990 - VOTING DELEGATE -
Councilmember Froehle moved to authorize attendance by
Keyth Durham, Assistant to the City Manager, as voting
delegate at the SCJPIA Annual Meeting to be held July 31,
1990, seconded by Councilmember Manning and unanimously
carried.
D. OTHER. -
1. Councilmember McGowan commented on the Central Regional
Library Council meeting she attended and urged resi-
dents to join the library. She spoke about the auto-
mated system the libraries are currently using and
presented Council with pins. She stated she discussed
City Council Minutes, July 17, 1990 - Page 12
the need for a new library in Temple City with the head
County Librarian, Sandra Ruben. She requested a letter
be sent to Ms. Ruben_ stating Temple City's need for
more library space . :and .'monies for. the= pro iect.
Councilmember Manning suggested a second story be added
to the present library building.
Councilmember McGowan stated she attended the Coordi-
nating Council Meeting and the guest speaker was Laura
Yriarte, a Victim /Witness Representative from the
District Attorney's office. Ms. Yriarte works out of
Temple Station and would be the person to contact in
regard to child abuse cases. She related suggestions
to avoid unsafe situations.
2. Councilmember Wilson requested the requirement of a
three -car garage for dwellings with five or more bed-
rooms be referred to the Planning Commission for fur-
ther study. She thanked Mayor Breazeal for requesting
that the Malathion spraying be delayed until midnight
due to Little League Playoffs.
3. Councilmember Manning reported there is someone expos-
ing himself in the City and she is concerned why it has
not been publicized.
Lt. Bob Osborne, Temple City Liaison for the Sheriff's
Department stated incidents such as this are only
publicized if it will not hinder the capture of the
person. He said he will look into the situation and
report back to Councilmember Manning.
4. Mayor Breazeal stated he received correspondence from
Mr. and Mrs. Allen Broge which expressed their appre-
ciation for the efforts of the Los Angeles County
Sheriff's Department in keeping Live Oak Park and
surrounding areas safe on 4th of July. Mr. and Mrs.
Broge commended Deputy A. Chromiak for his profession-
alism in dealing with situations that occurred that
evening. Mayor Breazeal requested the letter be placed
in Deputy Chromiak's file and brought to the attention
of Captain Walls. He also commended Bill Hart, Field
Services Coordinator, for anticipating problems and
ensuring a safe and quiet 4th of July. Mayor Breazeal
commended Parks and Recreation Director for his respon-
sible actions regarding the basketball court at Live
Oak Park. He requested consideration of a .50 FAR in
the R -1 Zone with a lot size of 6400 square feet or
less be placed on the next agenda.
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City Council: Minutes, July 17, 1990=.. - Page= 13..
13. ADJOURNMENT:
At 11:20 p.m. it was moved to adjourn to an Adjourned Meeting
on July 31, 1990, at 5:30 p.m. in Council Chambers, seconded
and unanimously carried. The next regular meeting of the-City
Council will be held on Tuesday, August 7, 1990 at 7:30 p.m. in
Council Chambers, 5938 North Kauffman Avenue.
ATTEST
City Clerk