HomeMy WebLinkAboutMinutes - City Council - 2010-08-03 - Special Meeting
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City Council, Special Meeting
Civic Center Council Chambers
777 Cypress Avenue
Redding, California
August 3, 2010 4:00 p.m.
The Pledge of Allegiance to the Flag was led by Gary Caddo
The Invocation was offered by Police Chaplain Jim Holdridge.
The meeting was called to order by Mayor Jones with the following Council Members
present: Dickerson, McArthur, and Stegall. Council Member Bosetti was absent.
Also present were City Manager Starman, City Attorney Duvernay, Assistant City Manager
Tippin, Public Works Director Crane, Assistant Development Services Director Nagel, City
Clerk Mize, and Executive Assistant Grimm. The City Manager introduced Department
Directors that were in attendance: Detwiler, Hansen, Hauser, Kersten, Kreitman, Niemer, and
Strong.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar:
Approval of Payroll and Accounts Payable Registers
[A-050-100-500]
It is the recommendation of the Finance Director that the City Council approve Accounts
Payable Register No. 2, for check numbers 885333 through 885820, inclusive, ACH Transfer
numbers 7024 through 7066, inclusive, and Wire Transfer numbers 2532 through 2593,
inclusive, for a total of$14,756,657.17, for the period of July 19, 2010, through July 30,
2010; and Payroll Register No.2, for electronic deposit transaction numbers 283955 through
284868, inclusive, and check numbers 547124 through 547207, inclusive, in the amount of
$2,497,089.14, for the period July 11, 2010, through July 24,2010.
TOTAL: $17,253,746.31
. Treasurer's Report - June 2010
[A -050-100-600]
It is the recommendation of the City Treasurer that the City Council accept the Treasurer's
Report for the month of June 2010.
Total Treasurer's Accountability $131,345,827.32
Total City of Redding Funds, Funds Held in
Trust, and Funds of Related Entities $216,270,073.19
ACR133 Report and Cash Reconciliation - June 2010
[F-205-095-650]
It is the recommendation of the Finance Director that the City Council accept the ACR133
Report and the Proof of Cash Reconciliation for June 2010.
Ordinance - Amending Redding Municipal Code Section 11.12.010 - Speed Limits
[T-080-750/C-II0-I00]
It is the recommendation of the Public Works Director that the City Council adopt Ordinance
.
No. 2465, an ordinance of the City Council of the City of Redding amending Redding
Municipal Code Section 11.12.010 relating to the establishment of speed zones on various
streets.
Proiect Status Report- July2010
[A-050-080]
It is the recommendation of the City Manager that the City Council accept the Project Status
Report for the month of July 2010.
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Think Pink Day - Approve request from NorCal Think Pink to up-light the Sundial Bridge
[S-;070-050-500]
It is the recommendation of the Community Services Director that the City Council approve
uplighting the Sundial Bridge pylon in pink on October 21,22, and 23,2010, in honor of
Breast Cancer Awareness Month and Think Pink Day.
Notice of Completion - Bid Schedule No. 4230 (Job No. 2340), ReddingMunicipal Airport
Remodel Project
[B-050-020/ A -090-100]
It is the recommendation of the Public Works Director that the City Council accept the
subject construction contract performed by J.H. Mack Construction as satisfactorily complete
and authorize the City Clerk to file a Notice of Completion with the Shasta County Recorder.
Final cost was $1,216,626.50.
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Notice of Completion - Bid Schedule No. 4284 (Job Nos. 9592, 9589, and 9571),
Sacramento River Trail Capacity Widening and Overlay Project
[B-050-020/P-050-460-700]
It is the recommendation of the Public Works Director that the City Council accept the
subject construction contract performed by Tullis, Inc., as satisfactorily complete and
authorize the City Clerk to file a Notice of Completion with the, Shasta County Recorder.
Final cost was $309,870.40.
Notice of Completion - Bid Schedule No. 4318 (Job No. 2362), 2010 Replace Asphalt
Concrete Surfacing Project
[B-050-020]
It is the recommendation of the Public Works Director that the City Council accept the
subject construction contract performed by Steve Manning Construction, Inc., as
satisfactorily complete and authorize the City Clerk to file a Notice of Completion with the
Shasta County Recorder. Final cost was,$481,697.81.
Accept Final Map and Authorize Subdivision Agreement - Placer West Subdvision (S-02-08)
[S-101-138]
It is the recommendation of the Public Works Director that the City Council: (1) authorize
entering into a subdivision agreement with Bergstrom Enterprises, Inc.; (2) authorize the
Mayor to sign the subdivision agreement; (3) approve the final map for the Placer West
Subdivision (S-02-08), located on Placer Street south of Mary Lakeprive; and (4) instruct
the City Clerk to file the map with the Shasta County Recorder.
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Notice of Completion - Bid Schedule No. 4285 (Job No. 2334), Redding Transfer Station
Pavement Rehabilitation Project
[B-050-020/S-020-650]
It is the recommendation of the Public Works Director that the City Council accept the
subject construction contract performed by Northwest Paving as satisfactorily complete and
authorize the City Clerk to file a Notice of Completion with the Shasta County Recorder.
Final cost was $213,611.58.
A MOTION WAS MADE by Council Member Stegall, seconded by Council Member
McArthur, that the foregoing items on the Consent Calendar be approved and adopted as
recommended above.
The Vote:
AYES:
NOES:
ABSTAIN :
ABSENT:
Council Members - Dickerson, McArthur, Stegall, and Jones
Council Members - None
Council Members - None
Council Members - Bosetti
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Ordinance No. 2465 is on file in the Office of the City Clerk.
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CENTRAL BUSINESS DISTRICT - Request to modify Boundary
[L-O 1 0-500-050]
City Manager Starman summarized a request from Al Naticchioni to modify the boundary
of the Central Business District (CBD) in Downtown Redding, relating to property owned
by Bert and Karen Boothroyd, located at 1205 Placer Street. He explained that the
Boothroyd's plan to remodel their building triggers a need for additional parking and, if it
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was within the CBD, this requirement would become null. Mr. Starman recommended that
the Council refer the request to the Planning Commission for consideration.
Mayor Jones determined that neither Al Naticchioni nor the Boothroyd's were present.
A MOTION WAS MADE by Council Member Dickerson, seconded by Council Member
Stegall, referring the request to expand the Central Business District to include property at
1205 Placer Street to the Planning Commission for consideration.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Dickerson, McArthur, Stegall, and Jones
Council Members - None
Council Members - None
Council Members - Bosetti
PUBLIC HEARING - Landscape Maintenance Districts; and
RESOLUTIONS- Confirming Maps and Annual Assessmentsand ordering/staying Levies
and Collections for fiscal year 2010-11
[A-170-075-050 through -057/A-170-075-059 through -081; -083 through -085]
Council Member Dickerson recused himself from this item.
Public Works Director Crane summarized the Report to City Council (staff report) dated July
19, 2010, incorporated herein by reference, relating to annual levies for Landscape
Maintenance Districts A, B, C, D, E, F, G, H, HI, J, K, L, M, N, 0, P, Q, R, S, T, U, V, W,
01-06,02-06, 03 -06, 04-06, 05-06, 06-06, 07 -06, 08-06, 09-06, 11-06, 01-07, and 02-07. Mr.
Crane referenced Council Policy 803 and the Landscaping and Lighting Act of 1972, and
recalled the Resolutions adopted on July 20, 2010, that approved the Engineer's Reports,
declared the City's intent to levy, and set this Public Hearing. He relayed that of the 35
Landscape Maintenance Districts (LMD), 18 were slated for assessment of the full levy based
on annual inflation adjustment calculations tied to the "20 Cities Construction Cost Index"
from the March Engineering News Record, 13 had a reduction in the assessment amount, and
four assessments (LMDs "03-06," "05-06," "08-06," and "W") would be stayed. He noted
that one protest, which was incorporated into the record, had been received from Pat Hersom,
owner of Lot 46 in "The Vistas" subdivision (LMD "D"). Mr. Crane mentioned that District
"A" was not self-supportive and that further analysis and action to modify it may become
necessary in the near future. He explained that annual assessment amounts for Districts "D"
and "U" have been reduced due to the removal of the line item for vegetation management
because the City does not have easements that allow contractors full access to perform work.
He reported that the Public Works department was planning to refund monies collected to-
date for vegetation management to these property owners and noted that property owners
would become responsible for maintenance. Mr. Crane recommended that the Council adopt
resolutions confirming the maps of the assessment districts and approve and confirm annual
assessments and levy amounts shown in the staff report for fiscal year 2010-11.
At the hour of 4:49 p.m., Mayor Jones opened the public hearing to address the confirmation
and approval of proposed fiscal year 2010-11 assessments to the Landscape Maintenance
Districts noted above.
The following documents are on file in the Office of the City Clerk:
Affidavits of Publication - Notices of Public Hearings
As noted above, one protest was received from Pat Hersom; documents are on file in the
Office of the City Clerk.
Mayor Jones determined that no one present wished to address this matter and closed the
public hearing.
Responding to Mayor Jones, Public Works Director Crane summarized the protest and
opined that the refund of vegetation management assessments to property owners in Districts
"D" and "u" should satisfy the majority of Ms. Hersom's concerns.
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A MOTION WAS MADE by Council Member Stegall, seconded by Council Member
McArthur, accepting staffs recommendation as detailed in the staff report dated July 19,
2010, adopting Resolution Nos. 2010-111 through 201 0-145, resolutions ofthe City Council
of the City of Redding confirming the maps of Landscape Maintenance Districts A, B, C,
D, E, F, G, H, HI, J, K, L, M, N, 0, P, Q, R, S, T, U, V, W, 01-06, 02-06, 03-06, 04-06, 05-
06, 06-06, 07-06, 08-06, 09-06, 11-06, 01-07, and 02-07, as contained in the Engineer's
Reports, and approving and confirming annual assessments and levy amounts shown in the
staff report for fiscal year 2010-11, pursuant to the Landscaping and LightingAct of 1972.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - McArthur, Stegall, and Jones
Council Members - None
Council Members - Dickerson
Council Members - Bosetti
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Resolution Nos. 2010-111 through 2010-145 are on file in the Office of the City Clerk.
PUBLIC HEARING - Sanitary Sewer Maintenance District 01-07, Hope Lane Subdivision;
and
RESOLUTION - Confirming and levying Assessment for fiscal year 2010-11
[A-170-080-00l/S-101-062]
Public Works Director Crane provided a brief summary of the Report to City Council (staff
report) dated July 21, 2010, incorporated herein by reference, relating to Sanitary Sewer
Maintenance District (SSMD) 01-07 assessment and levy on Hope Lane Subdivision
property owners. Mr. Crane recommended that the Council adopt a resolution confirming
the map of the assessment district, confirm the annual assessment, and order collection ofthe
levy in the amount of $363.24 for fiscal year 2010-11.
At the hour of 4:52 p.m., Mayor Jones opened the public hearing to address the confirmation
and approval of the proposed Sanitary Sewer Maintenance District 01-07 assessment and
levy in the amount of $363.24 for fiscal year 2010-11.
Affidavit of Publication - Notice of Public Hearing
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The following document is on file in the Office of the City Clerk:
No protests were received.
Mayor Jones determined that no one present wished to address this matter and closed the
public hearing.
A MOTION WAS MADE by Council Member Stegall, seconded by Council Member
McArthur, accepting staff s recommendation as detailed in the staff report dated July 21,
2010, adopting Resolution No. 2010-146, a resolution of the City Council of the City of
Redding, confirming the map of Sanitary Sewer Maintenance District 01-07 as contained in
the Engineer's Reports, confirming the annual assessment, and ordering collection ofthe levy
in the amount of $3 63.24 for fiscal year 2010-11, pursuant to the Improvement Act of 1911,
Chapter 26 (Streets and Highway Code ofthe State of California, Section 5820, et seq). '
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Dickerson, McArthur, Stegall, and Jones
Council Members - None
Council Members - None
Council Members - Bosetti
Resolution No. 2010-146 is on file in the Office of the City Clerk.
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BALLOT MEASURES - Discuss possibility of rescinding decision to place two special
measures on the November 2,2010 Ballot
[A -050-060]
City Manager Starman introduced this item and provided a brief history as outlined in the
Report to City Council (staff report) dated July 30,2010, incorporated herein by reference.
Mr. Starman described a proposal from Mayor Jones to cancel two ballot measures relating
to city employee retirement benefits in exchange for a concession from all employee unions
with active contracts to pay half of the "employee contribution" to CaIPERS. Mr. Starman
relayed that two unions had responded that insufficient time was allowed to bring the
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membership( s) together for a vote before the ballot initiative submission deadline of August
6, 2010, and deferred to the Mayor for further discussion.
Mayor Jones expounded that his goal was to make a more palatable offer to city employees
even though time was short; that he was not a strong proponent of the ballot measures; stated
the hope that City money could be saved in a time of declining revenues; and opened the
floor to discussion.
Council Member Stegall expressed strong support of rescinding the measures and redirecting
the funds required to put them on the ballot towards public safety. She suggested that
Council cancel the two measures as a show of good faith towards labor unions and city
employees and offer a sincere invitation to the negotiating table.
Council Member McArthur expressed disappointment that Mr. Bosetti was absent due to
a family emergency, and discomfort with making any changes to the ballot measures he
authored in his absence. She also expressed support for the ideal of cooperation between
Council and employee unions. Ms. McArthur opined that some union action could be taken
within the following three days to provide an indication of interest in the proposal, and in the
absence of any, was prepared to maintain the planned course of action regarding the ballot
measures.
Council Member Dickerson expressed dissatisfaction that the majority ofthe Council waited
until it was too late to allow a response from the unions and opined that the ballot measures
had no value as a negotiation tool. He asserted that negotiations were an exchange of terms
that had value to both parties and did not think the time frame and content of the offer would
generate a successful outcome.
Mayor Jones took umbrage to comments made and rebutted that the offer was sincere and
did have value. He mentioned other General Fund budget cuts he would consider that could
save the City $SO,OOO, which is the estimated cost of putting two measures on the ballot, and
reiterated his interest in the considerable amount that would be eliminated from the General
Fund budget if employees would pay CalPERS funding costs.
A MOTION WAS MADE by Council Member McArthur, seconded by Mayor Jones, to
continue with placing Ballot Measures A and B on the November 2010 ballot.
After clarification fro~ City Attorney Duvernay, Council Member McArthur withdrew her
motion:
No further action was taken by the Council.
STATE OF THE CITY LUNCHEON - Consider changing from January to September 2011
[P-14S-800]
Per Council Policy 204, Mayor Jones tabled this item to the City Council meeting of August
17,2010.
OASIS ROAD INTERCHANGE - Presentation from Planning Company Associates
regarding Project Funding
[G-030-110/L-010-100-SS0]
Assistant City Manager Tippin introduced the topic and provided a brief summary of the
history of pursuing project funding for the Oasis Road Interchange project that began in
November 2009 and led to the engagement of Planning Company Associates (PCA), an
expert consultant in the field of transportation infrastructure, who had coincidentally done
consulting work for Don Levenson, a major property owner that has entitlements on a
commercial project in the Oasis Road area. Mr. Tippin relayed that, in coordination with
Don Levenson and his project, PCA had compiled a report focusing on a menu of options
and financing opportunities.
David Grannis, PCA Owner/Principal, stated that PCA had been engaged to assess the
approach and actions the City had taken to-date to move the Interstate S/Oasis Road project
forward. He referenced the report PCA prepared some months ago that affirmed the City had
already taken traditional project .funding steps and provided a PowerPoint presentation,
incorporated herein by reference, that focused on the broader subject of a shift in trends and
infrastructure funding in general. He suggested that Council consider how the City might
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address overall infrastructure needs, noting increasing difficulty to fund projects due to
federal and state disinvestment over time. Mr. Grannis addressed Council on the three
primary areas of: development design/infrastructure needs, funding/financing options, and
innovative interchange design. He commented on the economic downturn, the federal
Highway Trust Fund and transportation authorization bill, and state/local government
challenges. He opined that infrastructure design and site planning should come together as
an interconnected system of arterial streets, water, drainage and energy use. Mr. Grannis
determined that emergent federal and state funding priorities are: connected and complete
streets, low impact development, and energy efficient buildings. He summarized report
recommendations to: organize an interdisciplinary group of professionals to review site plans
to see ifhigher efficiency land use/infrastructure design could be achieved; evaluate how to
streamline permitting and jobs; develop a toolbox and resources for developers; convene a
roundtable discussion with builders; and develop a cost/benefit worksheet. Mr. Grannis
reiterated long-term federal and state disinvestment and noted raids on transportation
infrastructure funds, pointing out that no new projects have been added to the California
Transportation Improvement Program in three cycles/six years because recycled projects are
waiting in line and remain unfunded year after year. He stated that opportunities exist in
areas oflivability (aka "smart growth"), partnerships, safety, and innovative design, primarily
from federal funding sources. Mr. Grannis relayed information regarding funding/financing
tools that included: grants, tax increment financing, and bonding options, as detailed in the
PowerPoint presentation and presented PCA's recommendations to: submit a revised
TIGERII grant application, consider tax-credit Build America or traditional bonds, explore
tax increment and value capture tools, partner with the development community on both
design and funding, and explore/pursue California I-Bank financing. He concluded with
innovative design case studies and offered freeway management alternatives such as variable
speed control; intelligent transportation systems; and diverging diamond, displaced left turn,
and roundabout interchange designs that have smaller footprints and are less expensive to
. build.
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Responding to concerns expressed by Mayor Jones, Mr. Grannis reported that Caltrans is
considering diverging diamond interchanges on Interstate 5 and Highway 56 in San Diego
and on Highway lOin Banning, relaying that the Federal Highway Administration has put
their stamp of approval on the design and is looking for partners.
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Don Kirk and Gary Cadd expressed concerns and opposed diverging diamond interchanges.
No Council action was necessary on this informational item.
INTEGRA TED LAND MANAGEMENT SYSTEM AGREEMENTS - EnerGov Solutions,
LLC, to include implementation of the online registration system for the Recreation Division
[A-070-400/ A-050-220]
Council Member Stegall recalled that in early 2009, Council authorized staff to pursue the
development of an Online Registration System (ORS) for the Recreation division. Ms.
Stegall continued to support the significant improvements that would enhance service and
accessabilityto residents and result in increased participation and more revenue, but opposed
spending $85,000 from the General Fund at this time. She recommended that
implementation of an online recreation registration system be postponed and the funds be
used to retain public safety personnel.
Community Services Director Niemer summarized the Report to City Council (staff report)
dated July 21,2010, incorporated herein by reference, and recalled that online registration
was the highest priority of the Recreation Strategic Plan due to requests from working
parents who are experiencing difficulty getting to the Recreation office during weekday
business hours to sign their children up and pay for programs and/or getting through by
phone. She noted that recreation program revenue goes into the General Fund. Ms. Niemer
described the significant efforts made by the City's IT, Recreation, Community Services,
Finance, and Treasurer's staff, as well as EnerGov Solutions, over the last 18 months to bring
this module of the Integrated Land Management System to fruition and encouraged the
Council to take advantage of the window of opportunity the current economy has presented
and authorize the Mayor to sign amendments to the Land Management Agreements (C-5203
and C-5204) with EnerGov Solutions.
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Council Members McArthur and Dickerson expressed support for services that are
convenient and enhance the quality oflife for citizens and echoed the priority of public safety
articulated by Ms. Stegall.
Mayor Jones stated he had opposed this system from the beginning and continued to oppose
it.
A MOTION WAS MADE by Council Member McArthur, seconded by Council Member
Stegall, denying staff's recommendation as detailed in the staff report dated July 21,2010,
relating to amending agreements with EnerGov Solutions, LLC to permit development and
implementation of an online registration system for recreation programs, and earmarking
$85,000 in the General Fund for police personnel retention.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Dickerson, McArthur, Stegall, and Jones
Council Members - None
Council Members - None
Council Members - Bosetti
RESOLUTION - Opposing the "Regulate, Control, and Tax Cannabis Act of 2010"
(Proposition 19)
[L-040/^M-020/P-150-150]
Police Chief Hansen summarized the Report to City Council (staff report) dated July 23,
2010, incorporated herein by reference, relating to the November 2010 ballot measure known
as "Prop 19." Chief Hansen noted that current federal laws do not align with California's
existing Proposition 215 and SB 420 that allow "compassionate use" of marijuana with a
physician's recommendation, and that it is unknown what position federal authorities would
take if/when Proposition 19 passed, which would allow possession and cultivation oflimited
amounts of marijuana for personal use by individuals aged 21 or older and various
commercial marijuana-related activities under certain conditions. He outlined law
enforcement concerns related to the proposed proposition including: an increase in drugged
driving, limiting employer rights to maintain a drug-free workplace, and a possible negative
impact on future federal grant applications, and stated that candidates for Governor and State
Attorney General oppose Prop 19. He opined that the proposed legislation was poorly
written and anticipated 10-15 years of associated litigation and problems. Chief Hansen
recommended that the Council adopt a resolution opposing the "Regulate, Control, and Tax
Cannabis Act of 20 1 0" (Proposition 19).
Don Kirk, James Benno, Sean Merrit, Joel Ankerich, Rob McDonald, and Jim Eagle
expressed opinions and concerns regarding marijuana use and effects, taxing marijuana,
associated crime, state and individual rights, and the role of government in society.
A MOTION WAS MADE by Council Member McArthur, seconded by Council Member
Stegall, to take a position of neutrality regarding California Proposition 19.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - McArthur and Stegall
Council Members - Dickerson and Jones
Council Members - None
Council Members - Bosetti
Motion failed for lack of majority vote.
Council Member Stegall opposed Proposition 19 and stated continual frustration and
opposition to the state "governing by initiative" because of inherent ambiguity and
subsequent regulatory, legal, and implementation burdens placed on local government across
the state.
Council Member McArthur opined that the war on drugs was not working and favored
regulation and taxation of mari juaria.
Council Member Dickerson opposed Proposition 19 for a variety of reasons and expounded
on the spread of marijuana use since the early 1960's. .
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A MOTION WAS MADE by Council Member Dickerson, seconded by Mayor Jones,
adopting Resolution No. 2010-147 opposition the "Regulate, Control, and Tax Cannabis Act
of 2010" in California.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Dickerson, Stegall, and Jones
Council Members - McArthur
Council Members - None
Council Members - Bosetti
COUNCIL TRAVEL REPORT(S)
City Council Member attendance at conferences/meetings reimbursed at City expense
{Requirement of Assembly Bill 1234}
[A-050-060]
Council Members Dickerson, Jones, and McArthur attended the League of California Cities
Sacramento Valley Division meeting in Redding on July 23,2010.
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CLOSED SESSION
At the hour of 5:56 p.m., Mayor Jones announced that Council would adjourn to Closed
Session.
At the hour of 6:31 p.m., Mayor Jones reconvened the Regular Meeting to Open Session and
reported that in reference to:
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pending Litigation
California Sportfishing Protection Alliance v. City of Redding, et aI., United States District
Court Eastern District of California Case No. 2:1O-CV-01741-JAM-DAD
[L-100]
No reportable action was taken.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property located near intersection of Shasta View Drive and Old Alturas Road (APN s 077-
490-008; 077-250-029-;077-490-007; 077-250-037; 077-250-036; 077-280-101, 027, 028,
048; 077-250-028)
City Negotiators: Public Works Director Crane and Associate Civil Engineer Langfield
Negotiatingparties: City; Randal, James and Joseph Johnson; Victor Mojica; Henry and Joan
Nelson; Fred and Joy Weatherill; and the McConnell Foundation
Under negotiation: Price and Terms
[C-070-010]
No reportable action was taken.
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CONFERENCE WITH LABOR NEGOTIATOR
Designated Agency Representative: Assistant City Manager Tippin
Employee Organizations: RPOA-Miscellaneous and IBEW-Maintenance
[P-1 00-050-120/^P-1 00-050-070]
No reportable action was taken.
ADJOURNMENT
There being no further business, Mayor Jones declared the meeting adjourned at the hour of
6:31 p.m.
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ATTEST:
<PamJ~~P
City Clerk .
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