HomeMy WebLinkAboutJANUARY 4,1977_2
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OFFICIAL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY'CLERK
I INVOCATION
PLEDGE OF:
ALLEGIANCE
ROLL CALL
PRESENTATION
COMMENDATION
HEARING
RESCHEDULED
HEARING
(Lighting)
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(Bowling
sq~are~l\ *
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MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
JANUARY 4, 1977
The City Council of the City of Arcadia, met in regular session on
Tuesday, January 4, 1977 at 7:30 p.m. in the Council Chamber of the
Arcadia City Hall.
Rev. Margaret Stevens, Santa Anita Church
Kermit Francis, Personnel Director
PRESENT:
ABSENT:
Council Members Gilb, Margett, Parry, Sae1id, Lauber
None
Mayor Lauber presented former Personnel Director Kermit Francis with a
Resolution expressing appreciation for his six years of service. Mr.
Francis is resigning in order to accept a position with the City of
Pasadena.
Mayor Lauber congratulated Councilman Gi1b, current President of the
Arcadia Tournament of Roses, on the Pioneer Award the Association
received for its entry in the Rose Parade on New Year's Day.
An agenda item under the Arcadia Redevelopment Agency portion concerning
the Disposition and Development of property known as 211-223 E.
Huntington Drive was rescheduled for February 15. This will be a joint
hearing between the City Council and the Agency.
Pursuant to petitions for street lighting on portions of Sixth Avenue
and LeRoy staff submitted a report. The signatures represented 63.2
percent of the assessed valuation on Sixth Avenue northerly of Camino
Real and 56.27 percent of the assessed valuation on LeRoy between
Holly and E1 Monte. City policy requires a minimum of 60 percent
assessed real value representation in petitions for improvement, hence
the LeRoy petitioners were advised of their deficiency and they
obtained additional signatures to their petition. A supplemental
petition has now been submitted representing 65.7 percent of the assessed
value of the real property on LeRoy.
Mayor Lauber declared the hearing open and Donald Witt, 324 LeRoy, and
Gerald Hansen, 278 LeRoy, asked for favorable consideration submitting
that the present lighting on that street was quite old and inadequate
and expressed a need for improved lighting. No one else desiring to
be heard the hearing was CLOSED on MOTION by Councilman Gi1b, seconded
by Councilman Sae1id and carried unanimously. Councilman Gi1b then
MOVED to authorize the Director of Public Works to proceed with the
subject installations pursuant to the report dated January 4, 1977.
Motion seconded by Councilman Margett and carried on roll call vote as
follows:
AYES:
NOES:
ABSENT:
Council Members Gi1b, Margett, Parry, Sae1id, Lauber
None
None
Request of Walter L King, new owner of Bowling Square, 1020 S. Baldwin
Avenue, for removal of the alcoholic restriction presently applicable
to the license issued the Bowling Square. The permit provides a
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condition that no alcoholic beverage other than beer is permitted to be
sold, consumed or possessed on the concourse, in the spectator section
or in the area used for bowling itself. This condition was originally
imposed in 1960 and has continued to date.
Mayor Lauber ~eclared the hearing open and Walter L. King, spoke again
to the financial hardship the restriction is having on his operation.
He reci'ted'instances where he cannot obtain large tournaments due to
the condition. He referred specifically to the spectator sectiop and
the lane area. He said he was not fully aware of the situation when he
purchased the'business recently. He felt the sale of liquor to spec-
tators would help to defray the expense of obtaining National TV
tournaments. He also felt the situation would be easier to control
because he now has the problem of bowlers bringing their own liquor
which 'is against the law and that they are continually trying to
maintain surveillance.
Councilman Parry said in part he had recently visited the facility
his young son and they could not obtain a lane... he could not accept
the economic hardship. In response to a question from Councilman Saelid
Mr. King said in part that the serving of alcoholic beverages is not a
requirement in obtaining professional tournaments - however it does
enable him to. offset the cost. Councilman Margett commented on the
desire of Council to protect the children of the community and at the
same time not to discourage business. Mr. King said he would abide by
whatever.Council would decide with relation to the junior bowlers -
that th~y bowl on weeke~ds and the cocktail lounge is not open until
5 p.m. daily.
.,,, I
Edward L. Butterworth, 1145 Singingwood Drive, spoke on bahalf of the
Council of Ministry of the Arcadia Methodist Church and for himself,
objecting to the removal of the restriction and submitted that the
testimony has not presented a single new argument from. the last three
hearings held,over the years. ...that at least seven previous legis-
lative bodies have maintained the restriction - sometimes with a split
vote - but nevertheless it has been maintained and that even a
temporary permissive vote would be almost impossible to reverse. He
felt the City does not need problems attendant thereto and asked Council
to decide the matter on what is best for the youth and adults of the
community, not what is best for a limited number of businessmen who
have the right to sell alcoholic beverages in other areas of their
establishments.
Rev. Paul Chaney, Pastor of the Emmanual Assembly of God at Foothill
and Santa Anita, expressed opposition to the removal of the restriction,
submitting that Mr. King is in the business of bowling not drinking and
said in part he would like to see the bowling lanes continue as they
are, clean and safe, and he could foresee problems which would be
difficult if not impossible to control.
Fred Sommers, 651 Hampton Road, agreed with the previous speakers and
expressed empathy for Mr. King, however, he wanted the City to remain
the outstanding community it is and felt it is Council's responsibility
to do everything it can in this regard,
I
Mrs. Margaret Stevens, Pastor of the Santa Anita Church, speaking as a
private citizen, also agreed with the previous speakers and went on
record as being opposed to the removal of the restriction. She expressed
her affection for the City and the qualities which attracted the resi-
dents in the first place.
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No one else desiring to be heard the hearing was CLOSED on MOTION by
Councilman.Gilb, seconded by Councilman Saelid and carried unanimously.
Cou~cilmari Saelid stated in part he could not subscribe to the argument
that the business would have to close if it could not serve hard liquor
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HEARING
Lot Split
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in the other areas. That Bowling Square is an asset to the City
probably because of the manner in which it is maintained and has not
had to rely on the sale of hard liquor to keep that status. He felt
if the City is to retain its quality these kinds of requirements will
have to be imposed. He supported the existing restrictions.
Councilman Gilb expressed pride in the national television coverage
obtained by Bowling Square in its tournaments and expressed concern for
a businessman in a competitive business which he may have to close,
however, he felt what is best for the majority of the citizens is
paramount; that the presentations have covered all aspects and that
patrons of the bowling alley may go to the 'lounge and drink 'all' they.
want. He would support the existing restrictions.
Councilman Parry agreed with what has been submitted by Councilmen
Saelid and Gilb, He respected Mr. King's right to conduct business and
in his opinion the operation is excellent. He would like to see it
remain and did not feel it an inconvenience to patrons to go to the
cocktail lounge...that the primary purpose is bowling not the sale of
alcoholic beverages. He would support the existing restrictions.
Councilman Margett commended Mr. King on his public relation ability
and said he would like to see Mr. King participate more within the
community, become better known and perhaps through this his business
of bowling would improve to the point where sales of liquor would not
be so important to his business.
Councilman Saelid then MOVED that the existing restrictions relating
to the serving of alcoholic beverages be SUSTAINED. Motion seconded by
Councilman Parry and carried on the following roll call vote:
AYES:
NOES:
ABSENT:
Council Members Gilb, Margett, Parry, Saelid, Lauber
None
None
Councilman Gilb commended Councilman Saelid for his efforts in bringing
this matter before Council in public hearing proceedings; that he was
originally in favor of lifting the restrictions and if this had come to
pass it would have been a mistake.
APPEAL filed by William R. Younger from Condition 4 in the approval by
the Planning Commission of his lot split application concerning property
at 201-205 W. Orange Grove Avenue. projecturals were reviewed indi-
cating a large house and a guest house at 205 W. Orange Grove and a
house at 201 W. Orange Grove. The applicant proposes to create three
lots from the existing two by providing a 5 foot offset in proposed
Lot 2. However, the Commission in approving the lot split imposed a
requirement for the removal of the proposed offset. This is being
appealed by Mr. Younger.
Mayor Lauber declared the hearing open and Mr Younger stated in part
that it would be extremely expensive to relocate the house at 201 W.
Orange Grove; that the 5 ft offset located in the rear of the 217 ft.
lot would not be unsightly in any way.. it would not be seen from the
street and would not have an adverse effect on the neighborhood. He
suggested that in the event Ccuncil did not look favorably on the
offset that an easement could be created for the fife of the house and
in the event the house is torn down, or whatever, the property could
then revert back to the No. 2 lot.
No one else desiring to be heard the hearing was CLOSED on MOTION by
Councilman Gilb, seconded by Councilman Parry and carried unanimously.
The Planning Director explained that generally the Commission seeks
to obtain outlines that are reasonably straight and he felt the line
should be approved straight or approved curved and not encumbered with
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HEARING
Alley
abandonment
RESOLUTION
NO. 4603
ADOPTED
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\), TRACT
\ NO. 33269
Tentati ve
Map APPROVED
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all types of covenants as this would only bring confusion in the future.
If approved straight the house must be relocated.
The majority of Council concurred in the responsibility for good planning
on the part of the Commission; and that the Commission had considered
this matter extensively; that creating three lots from two will bring
about greater economic benefits and is not like requiring a house to be
moved for no reason.
Mayor Lauber commented that covenants have in the past been placed on
small irregular parcels; that she had never been in favor of moving a
house - that they never seem quite right after that. Councilman Parry
was also concerned in this regard.
It was then MOVED by Councilman Margett, seconded by Councilman Gilb I
and carried on roll call vote as follows that the appeal be and it is
hereby DENIED, and that the recommendation of the Planning Commission
be sustained with all of the specified conditions.
AYES:
NOES:
ABSENT:
Council Members Gilb, Margett, Saelid
Council Members Parry, Lauber
None
Council then considered an added condition as recommended by the
Planning Department and it was MOVED by Councilman Margett, seconded by
Councilman Gilb and. carried on roll call vote as follows that a covenant
be required prohibi.ting any future installation of kitchen facilities
in the guest.house at 205 W. Orange Grove Avenue.
AYES: .
NOES:
ABSENT:
Council Members Gilb, Margett, Saelid
Council' Mem~ers Parry, Lauber
None
In connection with staff's recommendation that the westerly 50' of the
alley right-of-way between Santa Clara and Wheeler Street east of First
Avenue be abandoned Mayor Lauber declared the hearing open and no one
desiring to be heard the hearing was CLOSED on MOTION by Councilman
Saelid, seconded by Councilman Margett and carried unanimously.
Whereupon the City Attorney presented, explained the content and read
the title of Resolution No. 4603, entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARCADIA ORDERING THE VACATION OF A PORTION OF
THE ALLEY LOCATED BETWEEN SANTA CLARA AVENUE AND WHEELER STREET AND
FIRST AND SECOND AVENUES."
It was MOVED by Councilman Gilb, seconded by Councilman Margett and
carried on roll call vote as follows that the reading of the full text
be waived and that the same be ADOPTED.
AYES:
NOES:
ABSENT:
Council Members Gilb, Margett, Parry, Saelid, Lauber
None
None
I
This p~oposed development would create a 30 unit condominium at 440-448
W. Huntington Drive. The tentative map was approved by the Planning
Commission subject to specified conditions with an additional condition
recommended by staff (see report dated January 4, 1977). I.t waS MOVED
by Councilman Gilb, seconded by Councilman Saelid and carried on roll
call vote as follows that Council finds the project will not have a
substantial effect on the environment and that the tentative map of
Tract No. 33269 be APPROVED subject to the specified conditions
including "the proposed development shall comply with R-3 requirements,
except as modified by the Planning Commission and/or the Modification
Committee,"
AYES:
NOES:
ABSENT:
Council Members Gilb, Margett, Parry, Saelid, Lauber
None
None
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CONSENT
ITEMS
APPROVED
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On MOTION by Councilman Gilb, seconded by Councilman Saelid and carried
on roll call vote the following consent items were APPROVED.
p ~Ue. 1.
f: wP 2.
Pi 1~lJf 3.
AYES:
NOES:
ABSENT:
AUDIENCE PARTICIPATION
CONTRACT AWARD
Landscaping
maintenance
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FREEWAY 210
NOISE ABATEMENT
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Tract No. 31656 final map - 7 lot subdivision at 400-410 W.
Foothill Boulevard.
Planning Commission Resolution No. 968 granting a conditional
use permit for a Church at 560-610 W. Foothill Boulevard.
Planning Commission Resolution No. 969 granting a conditional
use permit for a racquetball/health club at 211-223 E.
Huntington Drive.
Council Members Gilb, Margett, Parry, Saelid, Lauber
None
None
Bernard Cook, 5736 Rowland Avenue, Temple City, spoke to the high
shrubbery growing on property at the northeast corner of Longden and
Second Avenues which prevents any visibility for vehicular traffic at
that intersection and asked that the situation be alleviated. Staff
will contact the owners and request that the shrubs be trimmed or if
they so desire the City will remove them. Councilman Saelid asked for
a report back. Mayor Lauber added that there are many blind corners
and suggested that staff could perhaps check these on a section by
section basis.. She also asked for a report back.
The City Manager presented the results of bids received and the
recommendation for award of contract in connection with the landscape
maintenance project. It was MOVED by Councilman Parry, seconded by
Councilman Saelid and carried on roll call vote as follows that a 3
year contract in the amount of $87,336.00 annually be awarded to
White's Landscape Service of Los Angeles and that the scalping and
winter rye seeding be continued this year .., with the hope that this
be continued in the future years of the contract period; that all
other bids be rejected; that any informalities or irregularities in
tbe bids or bidding process be waived and that the Mayor and City
Clerk be and they are hereby authorized to execute the contract in
form approved by the City Attorney.
AYES:
NOES:
ABSENT:
Council Members Gilb, Margett, Parry, Saelid, Lauber
None
None
Council had previously reviewed a staff report and a petition signed by
157 homeowners and residents along with other material relating to
noise attenuation barriers for the 210 Freeway between the limits of
Santa Anita and Fifth Avenues. During the interim from December 7
staff had received communications from Caltrans indicating noise
sensitive locations ---- in priority 1 - Westbound Fifth to First
Avenues, 2 - eastbound Santa Anita to Fifth Avenue, 3 westbound First
to Santa Anita. Staff felt that items 1 and 3 could be combined and
that there is no need for a sound wall for the eastbound Freeway
(No.2), because the abutting land use is primarily industrial. In
response to an inquiry by Edwin Phelps, 315 Joyce Avenue, Councilman
Margett, as Council liaison to the San Gabriel Valley Association of
Cities, advised that the matter had been presented to that group and
he anticipates a favorable recommendation as other Valley Cities have
the same problem. Mr. Phelps expressed confidence that the City
Council will do everything it possibly can to improve the situation.
Cost was es timated at about $600,000 with the City's share at $300,000...
however, the State's priority may be revised. Staff will continue its
efforts.
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REPORT ON BIDS
REROOFING
Yard & Fire
Station No. 1
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DEVELOPMENT
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The City Manager presented a report from the Planning Director and the
Superintendent of Building and Safety concerning bids received for the
reroofing of the Corporation Yard and Fire Station No.1. There was
a misunderstanding of the specifications by some of the contractors
which led to a wide range of bids. By contacting the manufacturers of
the materials to be used, it was discovered that the specifications
which they provided the City erroneously stated a roofing system which
was inconsistent with the verbal description of the desired roofing
system. It was therefor recommended that all bids be rejected and staff
be authorized to advertise for new bids utilizing corrected and
amended specifications. It was MOVED by Councilman Gilb, seconded by
Councilman Saelid and carried on roll call vote as follows that the
recommendation of the City Manager be approved.
I
AYES:
NOES:
ABSENT:
Council Members Gilb, Margett, Parry, Saelid, Lauber
None
None
At the regular meeting of November 16, 1976 Council voted not to
participate in the 1977-78 Housing and Community Development program.
However staff advised that a representative of the Los Angeles County
Department of Community Development would be present at this meeting
to explain the program or to answer questions Council may have.
Don Grant, County representative, then stated in part that the County
did not compose the C09perative agreement however it has added toward
the enforcement. He then read a letter written by County Board of
Supervisor, James A Ha}es to the City of Hermosa Beach which City had
expressed concerns about the language in the Cooperative Agreement as
mandated on the County by HUD. Mr. Hayes had advised Hermosa Beach
in part that the County could not engage in any activity under the
program unless it is in the plan... that this was assurance that the
County would not be involved in any unilateral action under the program
which would affect Hermosa Beach. Mr. Grant continued that projects
which might be selected by a City are accepted by the County as long
as the projects fall within the eligibility requirements of HUD. He
felt the $300,000 projected for Arcadia is a conservative figure.
In response to a question Mr. Grant explained the types of projects
permissible under the Block Grant.. ..they involve housing and/or
community developments, i. e., rehabilitation, open space, parks,
public works, etc..., .that some of the funds could be used for a
freeway noise barrier. ..the funds could not be used for a community
auditorium. Mr. Grant agreed that the agreement itself is very for-
bidding... however, he asked Council to reconsider its decision not to
participate and submitted that it is necessary to advise HUD this week.
He then read the content of the agreement. It was brought out that the
agreement may not be changed. He said in part that the more cities
participating the more money for each city. He said there is no way
HUD can force a City or the County to place low i~come housing in any
specific area other than what the needs are and/~H~tcounty would be I
willing to accept. A City is not mandated to provide low cost housing. . .
a City develops what it's needs are based on the eligible projects of
the program.
In clo"ing Mr. Grant explained that the Southern California Association
of Governments and the State review the projects from the standpoint
of environmental clearance; that the City with the help of the County
prepares a contract for exactly what they are going to do with the money.
The City Manager recommended accepting the funds for construction of a
freeway noise barrier, funds for which are not in the capital improvement
program; that this is an opportunity to solve the financing of that
project.
Council expressed appreciation to Mr. Grant. for his time and effort, but
reiterated its position in voting not to accept the funds at this time.
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HEARING
SCHEDULED
RESOLUTION
NO. 4604 ,/
adopted V
ORDINANCE
NO. 1581 (
Adopted l!
I
ORDINANCE 'J
NO. 1582
ADOPTED
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22: 9146
Reference waS made to the recommendation of an ad hoc committee formed
some time ago that if any additional funding was to be used it should
only be for additional study and other than that the Committee was not
in favor of accepting any furiding. During the discussion it was sub-
mitted that a public hearing had not been held; that if C.ouncil is
seriously considering acceptance of the funds that perhaps the public
would like to speak on the matter... It was then MOVED by Councilman
Saelid, seconded by Councilman Gilb and carried on roll call vote as
follows that Council hereby SUSTAINS its action of November 16, 1976
that the City not participate at this time.
"
AYES:
NOES:
ABSENT:
Council Members Gilb, Margett, Parry, Saelid, Lauber
None
None
A public hearing was scheduled for February 15, 1977 on the Disposition
and Development Agreement for property at 211-223 E. Huntington Drive
(northeast corner of Second and Huntington). This will be a combined
public hearing before the City Council and the Redevelopment Agency,
The City Attorney presented, explained the content and read the title
of Resolution No. 4604 entitled' "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA URGING THE STATE LEGISLATURE FOR THE PRESERVATION
OF THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE OF THE STATE OF
CALIFORNIA, TO ADOPT AND THE GOVERNOR TO SIGN TWO MEASURES, ONE
IMMEDIATELY IMPOSING A LIFE SENTENCE WITHOUT POSSIBILITY OF PAROLE FOR
ALL PERSONS PRESENTLY UNDER DEATH SENTENCE CONVICTIONS AND FOR ALL
FUTURE CONVICTIONS FOR FIRST-DEGREE MURDER AND ANOTHER RE-IMPOSING THE
DEATH PENALTY FOR COMMISSION OF MURDER UNDER CIRCUMSTANCES TRA-
DITIONALLY ABHORRED BY SOCIETY."
It was MOVED by Councilman Saelid, seconded by Councilman Margett and
carried on roll call vote as follows that the reading of the full text
be waived and that the same be ADOPTED.
AYES:
NOES:
ABSENT:
Council Members Gilb, Margett, Parry, Saelid, Lauber
None
None
The City Attorney presented and explained that this ordinance had been
adopted on December 21, 1976 as an urgency ordinance. He then read the
title of Ordinance No. 1581, entitled: "AN URGENCY ORDINANCE OF THE
CITY OF ARCADIA ADDING CHAPTER 7 TO ARTICLE III OF THE ARCADIA
MUNICIPAL CODE IMPLEMENTING THE STATE OF CALIFORNIA ALQUIST-PRIOLO
SPECIAL STUDIES ZONES ACT BY REQUIRING GEOLOGICAL REPORTS FOR PROJECTS
TO BE LOCATED IN SPECIAL STUDIES ZONES UNDER SPECIFIED CIRCUMSTANCES
AND TO REQUIRE THE CITY RECOMMENDATION OF PROJECT APPROVAL OR CON-
DITIONAL APPROVAL PRIOR TO ISSUANCE OF DEVELOPMENT PERMITS FOR THE
PROJECT. "
It was MOVED by Councilman Gilb, seconded by Councilman Parry and
carried on roll call vote as follows that the reading of the full text
be waived and that the same be ADOPTED.
AYES:
NOES:
ABSENT:
Council Members Gilb, Margett, Parry, Saelid, Lauber
None
None
The City Attorney presented and explained that this ordinance had been
adopted on December 21, 1976 as an urgency ordinance. He then read
the title of Ordinance No. 1582 entitled: "AN URGENCY ORDINANCE OF THE
CITY OF ARCADIA IMPOSING A MORATORIUM ON DEVELOPMENT OF HILLSIDE AREAS,
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CLAIM DENIED
J
LAUBE~
CITY MANAGER
V
RESIGNATION
(DUnbar~
GILB
MARGETT
ADJOURNMENT
22:9147
ADOPTING ZONING REGULATIONS FOR HILLSIDE AREAS REQUIRING A LAND USE
PERMIT PRIOR TO USES BEING UNDERTAKEN, ISSUANCE OF BUILDING PERMITS OR
APPROVAL OF TENTATIVE MAPS FOR ANY DIVISION OF LAND, AFTER DECEMBER 20,
1976 AND DECLARING THE URGENCY THEREFOR."
It was MOVED by Councilman Saelid, seconded by Councilman Parry and
carried on roll call vote as follows that the reading of the full text
be waived and that the same be ADOPTED.
AYES:
NOES:
ABSENT:
Council Members Gilb, Margett, Parry, Saelid, Lauber
None
None
On recommendation of the City Attorney the claim filed by Gary Edward I
Fleischer for personal damages was DENIED on MOTION by Councilman Parry,
seconded by Councilman Saelid and carried on the following roll call
vote:
AYES:
NOES:
ABSENT:
Council Members Gilb, Margett, Parry, Saelid, Lauber
None
None
On behalf of the City Council Mayor Lauber commended the Sister City
Commission for its outstanding accomplishments for the benefit of the
visitors from Newcastle. The City Attorney was directed to prepare
a resolution to this effect.
Council concurred in the suggestion that staff study the area bounded
by Second Avenue, Santa Clara Avenue, Fifth Avenue and Huntington and
that the City Attorney prepare an appropriate regulatory ordinance
relating to building permits.
Council accepted with regret
Commission of Warran Dunbar.
June 30, 1980.
the resignation from the Parking place
This term would have expired
Councilman Gilb asked about the status of the report on voting machines
for the new Council Chamber. Staff is currently preparing a report.
The City Manager advised in response to a question that the report on
water conservation from the Water Manager will be discussed at a later
date.
At 10:30 p.m. the meeting adjourned to January 18, 1977 at 7 p.m. in
the Conference Room.
I
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Mayor
ATTEST:
~dz~?lAU,~A~
City Clerk
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