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HomeMy WebLinkAbout10-20-2008 Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patril:k J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry Chas Kelley Rikk.e Van Johnson Wendy McCommack - MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 20, 2008 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:39 p.m., Monday, October 20, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, Californiao Roll CalI Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Interim City Manager Weinberg. Absent: Council Member/Commissioner Derry. Council Member/Commissioner Derry arrived at 1:47 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 5495609(a): Michael Desrochers and Steve Lowes Vo City of San Bernardino, et aI. - San Bernardino Superior Court Case No. CIVSS 708367; 1 10/20/2008 People v. Manta Mana!!;ement Corp. - San Bernardino Superior Court Case No. SCV 18157; United States Supreme Court Case Noo 08-325; Starleana Ba!!;!!;ett v. City of San Bernardino - San Bernardino Superior Court Case No. CIVSS 801658; Sandra Rueda v. City of San Bernardino - San Bernardino Superior Court Case No. CIVSS 805125; Justin Ryan Goldin!!; Vo City of San Bernardino, et aI. - San Bernardino Superior Court Case No. CIVSS 700129. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 5495609: Inland Communities Corp 0 v. City of San Bernardino (Paradise Hills) Two (2) cases California Aviation Services, Inc. v. City of San Bernardino C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v 0 California State University In re Pioneer Cemetery, Block 21, lot 22, space 6N Do Closed Session - personnel - pursuant to Government Code Section 54957: Director of Code Enforcement Chief of Police Library Director E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.60 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 2 10120/2008 1. Property Address: 450 North "E" Street APN: 0134-121-24 Negotiating Parties: Emil Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Scott Bailey on behalf of CinemaStar Luxury Theaters, Inc. Under Negotiation: Terms and conditions of possible lease amendment and assignment of lease 2. Property Address: 450 North "E" Street APN: 0134-121-24 and APN: 0134-131-25, 26, 27, 28 (Vacant Agency Property) Negotiating Parties: Emil Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Moctesuma Esparza, CEO and Founder, on behalf of Maya Cinemas Under Negotiation: Purchase price, conditions terms and City Attorney Penman announced that the following additional items would be discussed in closed session: Under Agenda Item No. lB, anticipated litigation - significant exposure to litigation: Contract with CSUSB regarding Police Best Practices Agenda Item No. 24 Agenda Item No. 25 Under Agenda Item No. lC, anticipated litigation - initiation of litigation: City v. Municipal Water District - hauling permit issue 3 10/20/2008 Closed Session Announcement City Clerk Clark announced that in closed session a motion was made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner Derry, and unanimously carried, to approve a settlement in the amount of $10,000 in the case of Sandra Rueda v. City of San Bernardino - San Bernardino Superior Court Case No. CIVSS 805125. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commissiono Moment of Silence Mayor/Chairman Morris extended condolences to the families and requested a moment of silence in memory of The Very Reverend Monsignor Anthony T. Ferrero, a native of San Bernardino who passed away on October 12; and Sophie Sellas, a local businesswoman for 67 years who, along with her husband, Percy, was a founding member of St. Prophet Elias Greek Orthodox Churcho Invocation/Pledge of Allegiance The invocation was given by Pastor John Deming of Calvary Chapel. The pledge of allegiance was led by Danny Valencia, a student at Anderson School. 2. Appointments There were no commission appointments. 3. Proclamations & Presentations Terichael Office, a senior at Arroyo Valley High School with a 4.5 gpa, was presented a commendation and recognized as Student of the Month by Council Member/Commissioner Johnsono The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: Name Vinson Gates Patrick Rogers Matthew Torrence Peggi Hazlett Jerri Calles Department Fire Information Technology Information Technology Mayor's Office Parks, Recreation & Community Services Years of Service 30 10 10 10 5 4 10/20/2008 Siobhan Sansone Michael Madden Parks, Recreation & Community Services Police Police 20 Linda Carter 15 15 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried unanimously. 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: September 17, 2008. The motion carried unanimously. 7. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated October 16, 2008, from Barbara Pachon, Director of Finance, be approvedo The motion carried unanimously. 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated October 13, 2008, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried unanimously. 5 10/20/2008 9. RES. 2008-396 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a Tolling Agreement between the City of San Bernardino and the County of San Bernardino concerning property tax administration fees. Council Member/Conunissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-396 was adopted unanimously. 10. Determination of Public Convenience or Necessity for an Alcoholic Beverage Control Type 20 license (Off-sale Beer & Wine) for the Wal-Mart store located at 4210 East Highland Avenue Council Member/Conunissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Conunon Council determine that the public convenience or necessity is served by the proposed license and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control to support issuance of a Type 20 ABC license (Off-sale Beer & Wine) for the Wal-Mart store located at 4210 East Highland Avenue. The motion carried unanimously. 11. RES. 2008-397 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Downstream Services, Inc. for cleaning sewer siphons at various locations in the City of San Bernardino (SW-D 2007/08), per Project Plan No. 12364. Council Member/Conunissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Finance be authorized to amend the FY 2008/09 budget by transferring $40,000 from Account No. 132- 431-5505-7701 (SW-E) "Miscellaneous Sewer Repairs" to Account No. 132- 431-5505-7475 (SW-D) "Sewer Siphon Flushing at Various Locations"; and that said resolution be adoptedo The motion carried and Resolution No. 2008-397 was adopted unanimously. 120 RES. 2008-404 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Cooley Constrnction, Inc., for street improvements on Kendall Drive from Bailey Court to Wagonwheel Road (SW06-35) per Project Plan No. 11428. Council Member/Conunissioner Estrada made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolntion No. 2008-404 was adopted unanimously. 6 10/20/2008 130 RES. 2008-405 - Resolution of the City of San Bernardino approving Amendment No. 4 to Services Agreement with LAN Engineering Corporation for provision of professional project management services for the design of the Mt. Vernon Ave. viaduct over the BNSF Railroad. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2008-405 was adopted unanimously. 14. RES. 2008-398 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the fmal map for Tract Map No. 14112, located northeasterly of the intersection of Foothill Drive and Sterling Avenue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adoptedo Resolution No. 2008-398 was adopted unanimously. 15. RES. 2008-399 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance or her designee to issue a purchase order to ZoU Medical Corporation in the amount of $28,289.20 for a defibrillator. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-399 was adopted unanimously. 16. RES. 2008-406 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the proclamation of a local emergency. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-406 was adopted unanimously. 17. RES. 2008-400 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Services Agreement with Lien on Me, Inc. to provide bill review services for the City's Workers' Compensation Program through the end of Fiscal Year 2008-2009. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adoptedo Resolution No. 2008-400 was adopted unanimonsly. 7 10/20/2008 18. RES. 2008-401 - Resolution of the City of San Bernardino authorizing the Mayor of San Bernardino to execute Amendment No. 4 to the Services Agreement with the San Bernardino City Unified School District for the operation of the school crossing guard program by the Police Department. Council Member/Commissioner McCammack abstained because the school district is a client. City Attorney Penman abstained because his wife is a member of the school board. Agency Counsel Sabo reviewed and signed the resolution. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-401 was adopted unanimously. 19. RES. 2008-402 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager of San Bernardino to execute Amendment No. 1 to the Services Agreement with the Redlands Unified School District to share the cost of a crossing guard at Victoria Elementary School in the City of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-402 was adopted unanimously. 20. RES. 2008-403 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $85,200 to EFS West pursnant to Section 3.04.010 B-3 of the Municipal Code for the purchase and installation of three CNG storage bottles from the County of San Bernardino for the City's LNG/CNG fueling facility. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-403 was adopted unanimously. 21. Program for Customer Service Training for City Management Persounel Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the program for Customer Service Training for City Management Personnel be received and filed. The motion carried unanimously. 8 10/20/2008 22. Public Hearing - Resolution imposing liens on property located within the City of San Bernardino for uncollected Bnsiness Registration fees RES. 2008-395 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor/Chairman Morris opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Mark Montanez stated that he had received a notice for property he has owned since 1994; however, he never knew he had to have a business license. In addition, he was being charged for three years plus the current year, and he did not think that was fair. Also, he did not think his rental property qualified as a business. Council Member/Conunissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adoptedo The motion carried and Resolution No. 2008-395 was adopted unanimously. 23. Public Hearing - Resolution ordering vacation of a portion of "H" Street, between Huff Street and College Drive Resolution of the City of San Bernardino ordering the vacation of a portion of "H" Street, between Huff Street and College Drive and reserving utility easements therein and an easement for emergency vehicle access. Mayor/Chairman Morris opened the hearing. City Attorney Penman advised that he was reconunending a two-week continuance of this item in order to confirm title. He indicated that there was also a legal research issue and some other problems with Caltranso Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Dan Carlone of Carlone Construction, Inc. spoke on behalf of Chaparral Motorsports, which has been adversely impacted by Caltrans' expansion of the 215 Freeway, which took away their parking lot. He noted that the owner spent extra money to vacate this street just so he could have parking in front of his store, and the sooner the matter could be finalized the better. 9 10/20/2008 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of November 3, 20080 The motion carried. Ayes: Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Kelley. 24. ORD MC-I288 - An Urgency Ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Section 19.02.050, 19.08.020, Table 08.01, and adding Chapter 19.10-E, Emergency Shelter Overlay District, to permit emergency shelters with approval of a building permit within areas of the IL, Industrial Light, land use district lying south of 3'd Street, east of Waterman Avenue and north of Central Avenue, declaring the urgency thereof, and taking effect immediately. URGENCY (Continued from October 6, 2(08) City Attorney Penman advised that this ordinance would be effective for a period of 45 days. Mayor/Chairman Morris advised that the City has hired a consultant who is working with the City Attorney and with Planning on this matter, and within that 45-day period they will have some preliminary information on their recommendations, which can be considered by the entire Council at a special meeting. Council Member/Commissioner Derry stated that he was reasonably confident that the City already complies with state law considering the number of resources that we provide to the homeless and other indigent services we provide in our city in comparison to our region. City Attorney Penman stated that his office joined Mr. Derry in that strong feeling that we probably already do comply. He added that Senate Bill No.2 took effect January 1, 2008, and all cities were supposed to be in compliance with it by July 1, of this year; however, no city in Riverside County and no city in San Bernardino County had updated the housing element of their General Plan by that deadlineo He stated that he feels that by enacting this urgency ordinance the City will be in a position of substantial compliance, which is defensible in court. Terri Rahhal, City Planner, advised that staff is moving forward with its housing element-that the next step in the process will be some community outreach. She stated that all the data gathering had been done and she believed that within this 45-day period substantial progress will be made and there will be some materials in draft form to review with the Council. 10 10/20/2008 Council Member/Commissioner Johnson requested that the Council be provided with information on all types of facilities throughout the city and where they are located-not only emergency shelters, but transitional housing, etco Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack that said urgency ordinance be adopted. Urgency Ordinance No. MC-I288 was adopted. Ayes: Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Kelley. 25. An Ordinance of the City of San Bernardino amending Title 2, Administration and Personnel, of the San Bernardino Municipal Code by amending Section 2.01.010 Mayor Pro-Tempore, by repealing Section 2.76.040, Senior Council Member, and by amending Section 2.76.050, Assignment of Committee Members and Designation of Committee Chairpersons. FIRST READING (Continued from October 6, 2(08) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be laid over for final adoption. The motion carried. Ayes: Estrada, Baxter, Brinker, Derry Kelley, Johnson. Nays: McCammack. Absent: None. 260 Discussion and possible action - calling a special election to fill vacancy that will occur - 4th Ward Council seat An interoffice memorandum dated October 20, 2008, to the Mayor and Council from City Clerk Rachel Clark regarding Agenda Item #26 concerning special election in the Fourth Ward was distributed prior to the meeting. Mayor/Chairman Morris asked whether the Council wanted to study this document prior to moving forward with this item. Following discussion, it was the consensus of the Council to hold the election on March 17, 2008, as suggested in the staff report dated October 3, 2008, from Rachel Clark, City Clerk; however, it was suggested that the matter be continued to the second meeting in November to review the material distributed by the City Clerk and to make a [mal decision relative to conducting the election by all mail ballot. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of November 17, 2008. The motion carried unanimously. 11 10/20/2008 27. Presentation - briefmg on status of new San Bernardino County Courthouse James McGuire, Presiding Judge of the San Bernardino Superior Court, made introductory comments and introduced Pearl Freeman, Senior Project Manager for the Judicial Council of California, who made a PowerPoint presentation to the Mayor and Council. Patience Summers, 868 E. Rialto Avenue, San Bernardino, CA, commented on Child Protective Services and the court system. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the report on the status of the new San Bernardino County Courthouse be received and filedo The motion carried unanimously. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo, City Clerk Clark. Absent: None. R28. Award Construction Contract in the amount of $46,048.50 - Wall Support at the California Theatre of the Performing Arts - 562 West 4th Street (Central City North Redevelopment Project Area) RES. CDC/2008-39 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Construction Contract by and between the Agency and Francisco Construction Company for improvements to the California Theatre of the Performing Arts (Central City North Redevelopment Project Area). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2008-39 was adopted unanimously. R29. Item Deleted 12 10/20/2008 R30. Maya Cinemas North America, Inc. - Redevelopment Project Study and Exclusive Right to Negotiate Agreement - 20-Plex Theatre located at 450 North "E" Street and for vacant Agency Property (Central City North Redevelopment Project Area) RES. CDC/2008-41 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the Redevelopment Project Study and Exclusive Right to Negotiate Agreement with Maya Cinemas North America Inc. ("Developer") (Central City North Redevelopment Project Area). Frank Haffar, President and Chief Operating Officer of Maya Cinemas, outlined his vision for the theatre, stating that he hoped to have 8-10 theatres re-opened by Christmas. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adoptedo Resolution No. CDC/2008-41 was adopted. Ayes: Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: Kelley. Absent: None. R31. Agreement for the Admini~tration and Implementation of a Community Beautification Services and Blight Abatement Program between the City of San Bernardino Parks, Recreation and Community Services Department ("Parks") and the Agency RES. CDC/2008-40 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Memorandum of Understanding by and between the Agency and the City of San Bernardino Parks, Recreation and Community Services Department ("Parks") (Central City Meadowbrook, Central City North, Central City South, Central City West, Central City East, Mt. Vernon Corridor, Southeast, Uptown and South Valle Redevelopment Project Areas). Council Member/Commissioner McCanunack stated that she would abstain because she owns property in one of the project areas and left the Council Chambers, returning after the vote was taken. 13 10/20/2008 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that the Mayor and Common Council of the City of San Bernardino approve and authorize the Director of Parks, Recreation and Community Services to execute the Memorandum of Understanding ("MOU") with the Redevelopment Agency of the City of San Bernardino ("Agency"). The motion carried and Resolution No. CDC/2008-40 was adopted. Ayes: Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: McCammack. Absent: None. R32. Review and Approve the Agency's Integrated Housing Strategy Council Member/Commissioner McCammack stated that she would abstain because one of the vendors is a client and left the Council Chambers, returning after the vote was taken. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the Community Development Commission of the City of San Bernardino approve the Redevelopment Agency of the City of San Bernardino's ("Agency") Integrated Housing Strategy. The motion carried. Ayes: Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: McCammack. Absent: None. David Fontilla, speaking on behalf of Ryan Rangel, owner of 2618 W. Fifth Street complimented staff for targeting the Meridian Complex as part of the housing strategy. Anthony Garacci, 752 W. Tenth Street, San Bernardino, CA spoke regarding the number of foreclosed homes and the impact this is having on renters, who are being used by the landlords. He asked if there was a law that protected renters. 33. Public Comments Jennifer Tyek, 334 E. 28th Street, San Bernardino, CA, spoke regarding various problems she has had with the school district since she moved to San Bernardino in 2000. Anthony Garaeci, 752 W. Tenth Street, San Bernardino, CA, spoke regarding the recent fIres in San Bernardino, stating that he had warned the City about the dry palm trees over a year ago. 14 10/20/2008 Betty Jean Long, 854 N. Lugo Avenue, San Bernardino, CA, stated that she knows that Mayor Valles was given money for the homeless, and this money should not be given to the nonprofit organizations. Deborah Matley, 380 W. 17th Street, San Bernardino, CA, spoke regarding the need to reorganize the Community Policing program. Lupe Navarro, stated that earlier this year she had items stolen from a storage room that she later saw in some antique shops; however, when she investigated, she found the Municipal Code does not address such a situation, and she questioned why that was. 340 Adjournment At 7:32 porn. the meeting adjourned to Monday, November 3, 2008. RACHEL G. CLARK City Clerk By: 4c!(fdp Linda E. Hartzel Deputy City Clerk 15 10/20/2008