HomeMy WebLinkAboutNOVEMBER 16,1982_2
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
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1 INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
HEARING
(Zone Change
R-O - "0")
CONTINUED FOR
LATER DATE
,
l
1
, MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
NOVEMBER 16, 19B2
The City Council of the City of Arcadia and the Arcadia Redevelopment
Agency met in a regular session Tuesday, November 16, 1982 at 7:30 p.m.
in the City Hall Council Chambers.
Arthur Mason, Spiritual Aims Chairman for Division 35, Kiwanis Club
Councilman Hannah
PRESENT: Councilmen/Members Dring, Haltom, Hannah, Lojeski, Pellegrino
ABSENT: None
On MOTION by Councilman Dring, seconded by Councilman Lojeski and carried
unanimously, the minutes of the adjourned and regular meetings of November
,2, 1982 were APPROVED.
Councilman Lojeski did'not participate in the following matter as he is a
resident in the subject area. Planning Commission recommendation (Reso-
lution No. 1208) approving a "0" des,ign overlay to the R-O 15,000 and R-O
30,000 zoned properties located in the Santa Anita Oaks area bounded by
Orange Grove on the north, Santa Anita on the east, Foothill Boulevard on
the south, and Baldwin Avenue on the west. The subject zone change was
initiated by the City Council at its July 6 meeting at the request of
Gary Dorn, current Chairman of the Santa Anita Oaks Homeowners' Archi-
tectural Review Board.
In establishing regulations applicable to the properties in the area, the
City would be enabled to enforce the regulations. ... The design overlay
would not abrogate the existing deed restrictions. The design overlay
regulations were prepared by Mr. Dorn and developed with his knowledge of
the various deed restrictions, and patterned after the City's other design
overlay areas. It was noted by staff that a Negative Declaration had been
prepared. If this zone change were effective and the design overlay in
place, it would function the same as the others.... For instance, if
there were a disagreement between, a property owner and the Architectural
Re'view Committee reg~rding the type of materials to be used, the decision
could be appealed by either party to the Planning Commission, and eventu-
ally to the City Council.
Mayor Pellegrino declared the hearing open and Garv Dorn, 1410 Rancho
Road" said in par~ that he is the agent acting on behalf of the Grantor,
the Clara Baldwin Stocker Home for Women. It is a charitable trust set
up by Anita Baldwin and 1's an operating trust today... that it seems to
be a legal question as to whether the Grantors can give up their rights
under the Grant Deed.. . they are will ing to allow the Architectural
Review Board to act as' its representative with respect to certai n matters.
In response to a question, the City Attorney said that if the Grantors do
, not subrogate their rights, the r.esidents would have to go through two
architectural review processes.
.' -,. '
,Mr. ,DOrin explained the reasoning in desiring to create a D-overlay zone.
, It,' i s ,the" 'inabil ity of the Grantor or jts agent, or in fact, the Santa
'Ari'ft,a"'Da'ks 'Homeowners' Assoc'iation, 'to obtain compl iance under the deed
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11-16-82
HEARING
(continued)
GAME
MACHINES
AND
ARCADES
DECEMBER 7
j
25:0621
restrictions ... that changes have taken place in accordance, with the City
zoning and building regulations byt not in accordance with the deed res-
trictions. Mr. Dorn notea further that the Village, the Upper and Lower
Rancho, and the Highlands Homeowners' Associations all; have D-over1ay
zoning, which has worked very well. He further stated that the deed res-
trictions will be in effect until 1985, at which time the residents may
vote them out - otherwise, they remain in effect in perpetuity. He further
stated it is his intention to name the Santa Anita Oaks Homeowners'
Association with its Architectural Review Board, as agent.
Fred Jahnke, 11 Hacienda, stated in part that the residents in the area
wish to see an Architectural Review Board responsible to the City in the
same manner as the other Architectural Review Boards. They do not wish
to see an Architectural Review Board which is carrying out the rights of 1
a former developer or responsible for handling deed restrictions. He
could not understand why the present Grantors will not subrogate their
rights.
No one else desiring to be heard, the hearing was CLOSED on MOTION by
Councilman Dring, seconded by Mayor Pellegrino and carried.
Extensive discussion ensued about the content of the deed restrictions -
the liability on the part of the City'- whether the Grantor can give up
the powers completely -- all this depends on the deed restrictions and
the trust instrument. It was MOVED by Councilman Dring, seconded by
Councilman Haltom and carried on roll call vote as follows, that this
matter be remanded back to the Planning Commission under no particular
time frame, and' that it remain dormant until appropriate complete infor-
mation is available to the Commission, at which time they can then pass
judgment and it can then be ,'forwarded to the City Council.
AYES
NOES
ABSENT;
Councilmen Dring, Haltom, Hannah, Pellegrino
None
Councilman Lojeski (for this particular item).
Lojeski returned to the Council table.
Councilman
Planning Commission Resolution No. 1210 recommending a text amendment
adding ,game machine and game machine arcade regulations to the zoning
regulations of the Arcadia Municipal Code. The Commission also reviewed
proposed amendments to the City's business license regulations which set
forth specific regulations pertaining to game machines ... the new regu-
lations would spell out the various zones in which game machines would
be permitted; also, parking and restroom requirements for arcades. All
concerns of the Commission were set forth in the staff report.
Mayor Pellegrino declared the hearing open and Robert K1adifko, 348 West
Las Flores Avenue, spoke in favor of the proposed ordinance. He was
particularly impressed, by the inclusion of requiring adult supervision
on the premises at all times ... 'regulation of hours establishments are
to be open; that game machines not be located within 500 walking feet
of a school... that businesses selling alcoholic beverages would pro-
hibit persons under the age of 18 using the machines. H~ commended the
Planning Commissipn and the City Council, and urged the adoption of the
regulations.
Eloise Ward, 1420 Rancho Road, with a business known as King Arthur's
Family Pizza Restaurant, at 1027 South Baldwin Avenue, said in part that
they have always had some type of electronic game in the facility. She
said she understands there isn't a problem in the City with video games.
She said she is as concerned as anyone else for the welfare of their
children, and referred 'to an address she heard while attending the League
of Ca1iforhia Cities' Conference ~ecent1y in San Diego... that actually
she finds the games offensive but would have to admit that she would
prefer ,her children participating in some type of active game in an arcade
than be sitting in front of a television screen. She was also concerned
about restricting the serving of alcohol... she serves beer with the
pizza.... They have 6 or 7 machines and have never encountered a, problem.
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L.ouis Sma1din.o, 621 West Wistaria, .owner .of the Liqu.or Mart, 142 East
Uuarte K.oad. He has six children, geed students and achievers, and all
1.ove t.o play the games. He has had the games fer ab.out three years and
has never had any pr.ob1ems ... they always have adult supervisi.on. They
are regulated by A1c.oh.o1ic Beverage C.ontr.o1 and must adhere t.o certain
rules ab.out miners. He felt that if the City disc.overs an infracti.on
that a call rec.ounting the difficu1,ty w.ou1d be all that w.ou1d be neces-
sary ... the pr.ob1em w.ould immediately be taken care .of. He noted that
the games are a real investment - costing about $3,000 each... they are
not toys. He also felt that all of the businesses with game machines
should have been advised about this proposed ordinance so they would at
least have an opportunity to speak to the issue.
Anthony Sma1dino, 1815 Louise Avenue, said in part that when regulations
are included requiring game machines to be located 500 or 600 feet from
schools, it seems to force the youth to cross streets ... that whatever
the distance, they are going to the stores where the games can be played
... especially the junior high school students.... Some reference was
made to differences in a grocery store, liquor store, and the like. He
felt limiting it to two machines isn't going to help ... it just means
the youths will remain in the store longer.
No one else desiring to be heard, the hearing was CLOSED on MOTION by
Councilman Lojeski, seconded by Councilman Hannah and carried.
I
Councilman Haltom said in part that he felt the parking requirements in
the proposed ordinance are unreasonable; i.e., 1 parking space for ,
two machines. He felt three or four machines would be more reasonable.
He agreed with the requirements on the distance from schools, but that
there has to be some flexibility or change where, for instance, restau-
rants, ice cream parlors, and arcades are concerned.
Councilman Lojeski stated in'part that he is concerned about obtaining
as wholesome environment as p.ossib1e within the various establishments
and suggested some added language in the section relating to arrest or
c.onvicti.ons of the owners, partners, etc., of an establishment, for crimes
inv.o1ving minors.... Also, security lighting when the business is located
adjacent t.o residential areas. He agreed with the 500 foot walking dis-
'tance from a school; actually, he would prefer 1,000 feet.... There has
been concern expressed by the School Superintendent and School Board about
this... that being farther away from a school would be a deterent '"
also, some of the places contain extensive racks of literature, porno-
graphic in nature. Except for his stated sentiments, he is in accord with
the)Droposed ordinance.
Councilman Dring submitted in part that the proposed ordinance prohibits
arcades in a variety 'of different ways ... where there are no registered
complaints; for instance, the pizza parlor - they have been here a long
time and are not offensive.... He referred to the regulation for one
parking space for every two games ... when the games are played mostly by
minors, the parking isn't paramount '" and to require two restrooms in
arcades is really discriminatory. He cited other facilities where this
isn't required '" 'that minors may go in a liquor store and buy soft
drinks and candy bars but can't play the games.
Councilman Hannah ,felt that when the minors are waiting their turn to play
the games, they can spend the time looking at the magazines and any other
1i:terature on display: He felt that what is needed on the part of the
City Council is an abs.o1ute definition of what a video game is ... that he
does not really have an' argument with the proposed ordi nance; however;
the number of games shou1 d be revi ewed aga i n - for ins tance, the 'number .of
games permitted in a 'hotel would ,not necessarily be the same as in a 500
sq. ft. business estab1i~hment.
Mayor Pellegrino said in 'part that he would like to have had the input
,'from the, pub1)c prier to the time t~is ordinance was prepared ... as far
as the liquor stores are concerned, they have the Federal, State, and the
..
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11-16-82
HEARING
SETBACKS
AND WINDOW
OPENINGS
CONTI NU ED TO
DECEMBER 7
j
'~';ENIDR
C IT !ZEN
FUND
RAISING
COMMITTEE
25:0623
Alcoholic Beverage Control people watching them all the time. He would
1 i ke to see the squa re footage' 'of a pl ace re 1 ated to the number of machines
allowed ... and suggested that this matter be continued so that all will
agree on the rules and regulations. He asked those in the audience who so
desire, communicate their ideas in wri~ing and direct them to the staff so
they may be considered. Council will also convey their views.
It was MOVED by Councilman Haltom, seconded by Councilman Lojeski and car-
ried on roll call vote as follows, that the matter be continued to the next
regular City Council meeting.
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, LOjeski, Pellegrino
None
None
1
Planning Commission Resolution No. 1209 recommending denial of text, amend-
ment relating to amendments to the building setbacks and window openings
in the C-O, C- 1, C-2, and C-3 zones, and to amendments to the modificati'on
regulations to provide for modifications to the window opening limitations.
This matter was brought up initially because of proposed building con-
struction which would result in the loss of privacy for residential owners
abutting commercial buildings on Foothill Boulevard. Staff explained that
the Commission felt the text amendment would single out areas for specific
requirements which deprive commercial property-owners of rights which they
have had and enjoyed for a period of time '" and that the text amendment
would not solve the problems of buffering residential from commercial land
uses. It was brought out that this would apply to all commercial zones.
The moratorium runs out on this May 21, 1983. It was noted that a. Negative
Declaration has been prepared.
Mayor Pellegrino declared the hearing open and no one desiring to be heard,
'the hearing was closed on MOTION by Councilman Lojeski, seconded by
Counc,ilman' Dring, and carried. THIS MOTION WAS LATER WITHDRAWN AND THt
MATTER CONTINUED TO DECEMBER 7, 1982.
Discussion ensued about the success of requiring opaque windows of the type
that will let light in but not allow straight-line-of-sight visibility.
Inasmuch as the text amendment does not address changing the requirement
a modification in the wording would be necessary. It was then
MOVED by Councilman Dring, seconded by CounciJman Haltom, and carried,
that the hearing be reopened. It was further MOVED by Councilman' Dring~
seconded by Councilman Haltom, and carried, that the matter be CONTINUED
TO DECEMBER 7. It was also MOVED by Councilman Dring, seconded by ,
Councilman Hannah, and carried on roll call vote as follows, that staff
be directed to modify the wording of the text amendment as outlined' by
the City Council at this meeting.
AYES
NOES :,
ABSENT:
Councilmen Dring; Ha1to~, Hannah, Lojeski, Pellegrino
None
None
Council received the request of the Senior Citizens' Commission for
the formation of an Ad Hoc Committee for, the purpose of raising funds
for a Senior Citizens' Center. The Director of Recreation explained
that it has long been an interest of the Commission. Council discussed
this and reviewed the staff cost estimates if the facility were to be
constructed adjacent to a proposed housing project on Naomi Avenue....
The approximate cost would be $1,138,300 (see report dated November 15.)
1
It was MOVED by Councilman Dring, seconded by Councilman Lojeski and
carried on roll call vote as follows that the Commission be authorized
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11-16::82',
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25:0624
to proceed if it so desires, and that the report on estimated costs be
submitted to the Commission.
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
Council recessed in order to act as the
ARCADIA REDEVELOPMENT AGENCY
1
PRESENT: Members Dring, Haltom, Hannah, Lojeski
ABSENT: Mayor Pellegrino (who retired from the Chamber as he has
been advised he may have a conflict with the subject matter).
The meeting was then chaired by Chairman Pro Tempore Lojeski.
PROJECT AREA The Agency received the requested information on Project Area Committee
COMMITTEE Rules and Regulations relating to the appointment of members to this
APPOINTEE Committee (PAC). John Jorden has been proposed to fill a vacancy on
(Continued) the Committee. In compliance with the rules and regulations, Mr. Jorden
11- has submitted a Conflict of Interest Statement indicating limited part-
"21 'j ~I" nerships in property at 133 East Huntington Drive and 250 West Colorado
I d Place. The Agency would like a list of the partners referred to in the
statement. It was the consensus that Mr. Jorden supply this informa-
tion to the Legal Counsel to determine whether or not there is a conflict.
ROLL CALL
The meeting then adjourned to Saturday, December 4, 1982 at 9 a.m.
Mayor Pellegrino returned to the Council Table.
AUDIENCE PARTICIPATION
Dianne D'Auria, 670 Canyon Crest Drive, Sierra Madre, submitted and
read a communication' requesting an investigation into the posting of
barriers at the intersection of San Carlos and Orange Grove Avenue ...
that when traveling north on San Carlos it has become illegal to continue
north on Mountain Trail Avenue due to the right turn only sign posted at
said crossing and,it is illegal to cross Orange Grove onto San Carlos by
posted regulations of "Do Not Enter".
Joe Sabo, 707 South Old Ranch Road, brought up the unsanitary condition
of property at 710 South Old Ranch Road and the accumulation of trash
which brings rat infestation.
James Glass, 706 South Old Ranch Road, also referred to the situation at
710 South Old Ranch Road .... He felt it is a health problem and fire
hazard and asked Council to seek solutions.
1
The City Attorney explained that the owners of the subject property had
been taken to Court on November 2. They did not appear and the case
was scheduled again for November 18. If they do not appear at that
time, a bench warrant will be issued. It was the consensus of Council
that if the parties do not appear on November 18, staff is then to
institute the Nuisance Abatement Proceedings.
* * * * * * *
CONSENT ITEMS
HEARING
SCHEDULED
DECEMBER 7,
1982
/
SCHEDULED public hearing for December 7 on Annexation 47 to consider
reorganization of the Shelter Isle Village Condominiums at 6811 Golden
West Avenue.
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11-16-82
,
\" C~NDITIONAL
USE PERMIT
jADVERTISE
FOR BIDS
(Landscaping
Maintenance)
'Y t./Pr WORK
r I ~ ACCEPTANCE
ADVERTISE
FOR BIDS
(9-1-1 Center)
flr~1
CHRISTMAS
TREE SALES
DECEMBER 7
..J
TUCKER BILL
AGREEMENT
(Parimutuel
Wager Election)
CONTINUED TO
NOVEMBER 23
J
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/" PERSONNEL
CLASSIFICA-
TIONS
APPROVED
25:0625
APPROVED Planning Commission Resolution No. 1211 granting a conditional
use permit to allow a change in use of an existing take-out food estab-
lishment to an eating establishment at 31 East Duarte Road.
APPROVED the plans and specifications and authorized the City Clerk to
advertise for bids for landscape maintenance. Bids to be received
December 8, 1982.
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ACCEPTED the work performed by Vido Samarzich Company in the construction
of the Chapman Booster and AUTHORIZED final payment pursuijnt to the
terms of the contract.
APPROVED the plans and specifications and AUTHORIZED the City Clerk to
advertise for bids to be received December 14 for the Emergency Dispatch
and 9-1-1 Communications Center.
1
It was MOVED by Councilman Dring, seconded by Councilman Haltom and
carried on roll call vote as follows that the above consent items be
APPROVED.
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
Council received requests for permission to erect tents and sell
Christmas trees at three different locations. Conditions of approval
were set forth in staff report dated November 16; however, Council
desired additional information concerning City requirements. This was
referred to the Planning Director and the Fire Chief and will be back
on the agenda for December 7, 1982. .
Staff and representatives of the Santa Anita Race Track are in accord
on all but one provision of the proposed Tucker Bill Agreement. Santa
Anita proposes to include a provision regarding the continuance of
ordinary and traditional municipal services provided in 1981. Staff
recommends that such a provision not be included and set forth the
\reasons in their report dated November 9. Two alternative agreements
had been prepared for Council's consideration: one including the level
of services as proposed by Santa Anita, and one excluding the level of
services as recommended by City staff.
During this consideration, Ray M. Rogers of Santa Anita, said in part
that they would like to resolve this matter by November 24. He res-
ponded to questions of the City Council, as did John Stamper, attorney
for Santa Anita Race Track.
On MOTION by Councilman Hannah, seconded by Councilman Haltom, and car-
ried on roll call vote as follows, the City Attorney was authorized to
retain the firm of Gibson, Dunn & Crutcher to review the agreement on
behalf of the City; that the City Attorney and the attorney for Santa
Anita Race Track work together; that the staff report be submitted to
City Council at least eight hours prior to 7 p.m. November 23, 1982.
MATTER CONTINUED TO THAT DATE.
1
Council received and considered revised classifications in the clerical
positions which are assigned to every department. The Personnel Board
approved these revised class specifications on November 4. It was
MOVED by Councilman Haltom, seconded by Councilman Dring and carried on
roll call vote as follows, that these classifications be APPROVED:
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11-16-82
,SOLUTION
O. 5073
EMBLY BILL
941
ADOPT;
.pIP',
ZONING
ORDINANCE
TEXT AMEND-
MENT
PROCEDURE
APPROVED
ORDINANCE
NO. 1759
ADOPTED
i/
IESOLUTION
NO. 5075
ADOPTED;
(
V"L'r~;"'Ii-,~:..'J'iI'l:
'-: T'~""';":'!."-" }.'....'
25:0626
Sec reta ry
Senior 'Typist Clerk
Senior Stenographer Clerk
Police Clerk
PBX Receptionist
Typist Clerk III
Typist Clerk II
Typist Clerk
AYES
NOES
ABSENT:
Councilmen. Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
Councilman Dring presented and read the title of REsolution No. 5073
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA
DESIGNATING THE CITY OF ARCADIA PLANNING DEPARTMENT AS ADMINISTRATIVE
ENTITY RESPONSIBLE FOR THE COORDINATION OF THE REVIEW AND DECISION-
MAKING AND FOR THE PROVIDING OF INFORMATION REGARDING THE STATUS OF
ALL PERMITS OR APPLICATIONS REQUIRED BY THE CITY FOR RESIDENTIAL
DEVELOPMENTS," and MOVED to waive the reading of the full body of
Resolution No. 5073 and that same be ADOPTED. MOTION seconded by
Councilman Haltom and carried on roll call vote as follows:
AYES : Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
NOES : None
'ABSENT: None
Council recei vedand cons idered the staff report concern i ng text amend-
ment procedures. The report indicated if this were implemented, it
would produce a time-savings factor. It was MOVED by Councilman Dring,
seconded by Councilman Haltom and carried on roll call vote as follows,
that the staff recommendations be APPROVED. (See report dated November
16, 1982)
AYES : Councilmen Dring, Haltom, Hannah, Lojeski.. Pellegrino
NOES : Non e
ABSENT: None
The City Attorney presented for the second time, explained the content,
and read the title of Ordinance No. 1759 entitled: "AN ORDINANCE OF
THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING
SECTION 6613.13 THEREOF TO ALLOW CHARITABLE AND RELIGIOUS SOLICITATION
ON SATURDAYS."
It was MOVED by Councilman Lbjeski, seconded by Councilman Haltom,
and carried on roll call vote as follows, that further reading of the
full text of Ordinance No. 1759 ,be waived and that same be ADOPTEO.
AYES : Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
NOES : None
ABSENT: None
The City Attorney presented, explained the content and read the title
of Resolution No: 5075, entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA AMENDING SECTION 8 OF RESOLUTION No. 5041 AND
MODIFYING VACATION ACCRUAL FOR POSITIONS IN MANAGEMENT."
It was MOVED by Councilman Dring, seconded by Councilman Haltom,
and carri ed on roll call vote as follows, that further read i ng of the
full text of Resolution No. 5075 be waived and that same be ADOPTED.
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
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11 ~16-82
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V-C~AIM DENIED
(Reehorst)
DENIED
COMPLAINT
PARR0TS
J
CLOSED
SESS ION
25:0627
On recommendation of the City Attorney, it was MOVED by Counci1mpn
'Haltom, seconded by Councilman Lojeski and carried on roll call vote
as follows, that the application to file late claim of Susan Ravatt
(Reehorst) be .and it' is hereby DENIED. '
AYES. :
NOES
ABSENT:
Councilmen Dring, Haltom, Hannah, Lojeski, Pellegrino
None
None
Communication from KRLA Radio Station 11 was distributed. Apetition
from twenty residents was attached to the letter complaining of the
nuisance created by parrots in a specific area of the City.... Noise
in the early morning hours, and the effect of their bei'ng there on
sidewalks, cars, lawns and property in general. Council discus~ed
the matter and, staff will pursue it with the County Animal Control.
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Council entered a CLOSED SESSION on litigation matters, reconvened and
adjourned to Wednesday; November 23, 1982 at 7 p.m. in the ~onference
Room to conduct, the business of the Council and Agency and any Closed
Session, if any, necessary to discuss personnel, 1itigation_~tters,
and evaluation of properties.
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11-16-82