M-10/27/1981
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CITY OF SANTA MONICA
CITY COUNCIL PROCEEDINGS
OCTOBER 27, 1981
A regular meeting of the Santa Monica City Council was called to
order at 7:36 P.M., Tuesday, October 27, 1981. Mayor Yannatta
Goldway led the assemblage in the pledge of alleg1ance to the
United States of America and introduced Reverend Steve Hutchison,
Trinity Baptist Church, who offered the invocation. Council met as
the Parking Authority, adJourned the Authority meeting at 7:53 P.M.
and reconvened as Council in regular session at 7:53 P.M.
Roll Call: Present: Mayor Ruth Yannatta Goldway
Mayor Pro Tempore Ken Edwards
Councilmember James P. Conn
Councilrnember William H. Jennings
Councilrnember Dolores M. Press
Councilmember Christine E. Reed
Councilmember Dennis Zane
Act1ng City Manager Susan McCarthy
City Attorney Robert M. Myers
Assistant City Attorney Stephen Stark
City Clerk Ann M. Shore
Councilrnember Conn moved to add Items ll-L and 13-C to the Agenda.
Second by Mayor Yannatta Goldway. The motion was approved by
unanimous vote.
5-A: EXEMPTION FROM BUILDING MORATORIUM TO PE&~IT CONSTRUCTION AT
1034-1050 FOURTH STREET: Presented was Claim No. M-071 of Harris
Toibb for exemption from the build1ng moratorium to construct a
project consisting of 30 condominium units and 10 apartment units
at 1034-1050 Fourth Street (previously Item 5-B on September 22,
1981, reconsidered on September 29, 1981 and Item 7-A on October
20, 1981). Claimant Harris Toibb presented changes to his earlier
proposal. Member of the public Mary Frances Flynn spoke in support
of the proJect and of her concern that assistance be required for
those displaced from the1r rental units. Addit10nal discussion was
held including participation by Mr. Toibb. Mayor Pro Tempore
Edwards moved to grant a hardship exemption on Claim No. M-07l and
direct the City Attorney to negotiate a contract for review by
Council, subject to conditions stated publicly as well as
requirements of any ordinance that have to do with health and
safety of buildings. Second by Councilmember Press. With the
consent of the second, Mayor Pro Tempore Edwards included 1n the
motion the request of Councilmember Zane to add language requiring
relocation assistance, and the request of Mayor Yannatta Goldway to
alter the agreement which allows demolition and construction to
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begin 180 days later and instead require in the agreement language
which says demolition cannot proceed until approval of all permits
and a construction loan for the new project have been arranged~
further that the reference to coastal commission approval be
removed. Discussion was held. Mayor Yannatta Goldway moved an
amendment that the contract require four 2-bedroom units so that at
least the existing number of 2 bedroom units of housing stock are
maintained. Second by Counc11member Press. After further
discussion, Mayor Yannatta Goldway changed the amendment to set as
a high priority that there be prov1ded four 2-bedroom apartments
and to request the City Attorney to look into that matter during
finalization of the contract~ the prior1ty be1ng to replace all the
2-bedroom units that are being removed. With the consent of the
second, Mayor Pro Tempore Edwards included in the amendment in the
ma1n motion. The motion, as amended, was approved by the fOllowing
vote:
Council Vote: Unanimously approved 7-0
5-B: LETTER TO RESIDENTS REGARDING BUILDING MORATORIUM AND INTERIM
DEVELOPMENT STANDARDS: Councilmember Conn moved to continue the
matter to November 3, 1981, at the request of Councilmember Zane.
Second by Mayor Yannatta Goldway. The motion was approved by
unanimous vote.
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6. CONSENT CALENDAR: The Consent Calendar was presented.
Councilmember Conn moved to approve the Consent Calendar with the
exception of Items 6-A, 6-D, 6-F, and 6-Q, reading resolutions and
ordinances by t1tles only and waiving further reading thereof.
Second by Mayor Pro Tempore Edwards. The motion was approved by
the following vote:
Council Vote: Unanimously approved 7-0
6-B: REVOLVING CASH FUNDS: A request for reimbursement of the
following Departmental Revolving Cash Funds: Purchasing $55B.76~
Cemetery $43.33; Transportation $122.11; Police $309.06; Recreation
and Parks $198.l9~ Library $102.24, was approved.
6-C: PARKING AND TRAFFIC FINES: Ordinance No. 1229(CCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 3395 AND 3395A OF THE SANTA MONICA MUNICIPAL CODE
AND REPEALILNG SECTION 3395B OF THE SANTA MONICA MUNICIPAL CODE",
was adopted.
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6-E: DUMP SITE: Resolution No. 6378(CCS) entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF Sh~TA MONICA WAIVING FORMAL
BIDDING PROCEDURES AND AUTHORIZING THE CITY MANAGER TO PURCHASE
EXPERIMENTAL REFUSE DISPOSAL PLAN", using BFI Waste Systems and
Valley Reclamation Center, was adopted.
6-G: WAGES: Resolution No. 6379(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING WAGES FOR
REVENUE MANAGER, CITY CLERK, AND LICENSE AND PERMIT SUPERVISOR",
was adopted.
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1'6-H: PARKING PERMIT FEES: Resolution No. 6380(CCS) entitled:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
IESTABLISHING MONTHLY PARKING PERMIT FEES FOR PARKING STRUCTURES 1
THROUGH 6", was adopted.
"A
6-1: STREET SYSTEM: Resolution No. 638l(CCS) entitled: "A
jRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
IREQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUNDS
iFOR THE MAINTENANCE OF SELECT SYSTEM STREETS (C-90)", was adopted.
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i6-J: FLOOR SCRUBBING MACHINE: Bid No. 1645 was awarded to R. J.
Lison & Co. in amount of $4,563.30 for floor scrubbing machine.
6-K: STREET SWEEPER: Bid No. 1667 was awarded to Nixon-Egli
Equipment Co. in amount of $69,933.50 for street sweeper.
6-L: VACUUM TRUCK: Bid No. 1665 was awarded to Schwarze
Industries, Inc. in amount of $15,931.80 for one vacuum truck.
6-M: HYDRAULIC WATER STOMPER: Bid No. 1671 was awarded to A. C.
Peterson, Co., Inc. in amount of $64.00 per hour for rental with
operator of a hydraulic stomper for use by Water Division.
6-N: SALE OF INOPERATIVE BUSES: Bid No. 1637 was awarded to
Dickenson Sales and Service in amount of $27,750 for sale of six
used inoperative buses.
6-0: REPIPING POLICE DEPARTMENT BUILDING: A recommendation that
Bid No. 1664 for repiping of Police Department building be rejected
and staff be directed to study alternative specifications, was
approved .
6-P: CRANE TRUCK: Bid No. 1668 was awarded to General Motors
Corporation in amount of $60,163.48 for truck w1th hydraulic crane
for Pier maintenance.
6-R: REFUSE CONTAINERS: Bid No. 1691 was awarded to Consolidated
Fabricators in amount of $40,786 for refuse containers in Curbside
Recycling Project.
END OF CONSENT CALENDAR:
(Mayor Yannatta Goldway departed at 8:44 P.M.)
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~-A: APPROVAL OF MINUTES: Presented for consideration were
finutes of C1ty Council meetings. Council~ember Reed moved to
approve the minutes of September 8, 1981, and September 15, 1981,
~s written, and the minutes of September 22, 1981, corrected on
page 6, Item 8-B, tenth line to read "...five votes being required
to cont1nue past 11:00 P.M.". Second by Council~ember Conn. The
motion was approved by the following vote:
Council Vote: Unanimously approved 6-0
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Absent; Mayor Yannatta Goldway
6-D; NOTIFICATION AND FEE REQUIREMENT FOR PROCEEDINGS UNDER
INTERIM PERMIT PROCEDURES; Presented was an ordinance for adoption
establishing notification and fee requirements for proceedings
under interim permit procedures established by Ordinance No.
1220(CCS), introduced October 13, 1981.
Councilma~ber Conn ~oved to adopt Ordinance No. 1230(CCS) entitled;
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING NOTIFICATION AND FEE REQUIREMENTS FOR AN INTERIM
PERMIT PROCEDURE ESTABLISHED BY ORDINANCE NUMBER 1220 (CCS) ",
reading by title only and waiving further reading thereof. Second
by Mayor Pro Tempore Edwards. The motion was approved by the
following vote;
Council Vote; Affirmative; Councilmembers Conn, Edwards,
Jennings, Press and Zane
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Negative;
Councilmember Reed
Absent;
Mayor Yannatta Goldway
6-Q; VESTED RIGHT/HARDSHIP EXEMPTION CLAIM FINDINGS: Presented for
consideration was approval of find~ngs in regard to various denied
vested right claims under the building moratorium. Councilmember
Conn moved to approve findings regarding denials of the following
claims: M-038 at 211 California Avenue, M-066 at 1129-l9th Street,
M-067 at 1525 Grant Street, M-068 at 2325-20th Street. M-069 at
2416-34th Street and M-078 at 1450-14th Street. Second by Mayor
Pro Tempore Edwards. The motion was approved by the fOllowing
vote;
Council Vote; Affirmative: Councilmembers Conn, Edwards,
Press and Zane
~egative;
councilmembers Jennings and Reed
Absent;
Mayor Yannatta Goldway
(Mayor Yannatta Goldway entered at 8;49 P.M.)
16-F; STREET LIGHTING; Presented was a resolution setting a public
Ihearing for 7;30 P.M., November 24, 1981, to hear protests
Iregarding street lighting construction and confirmation of
lassessments in area bounded by Lincoln Boulevard Santa Mon~ca
!Freeway, 14th Street and Pica Boulevard (excluding 11th Street) .
iMayor Pro Tempore Edwards moved to continue the matter to November
3, 1981. Second by Mayor Yannatta Goldway. The motion was
approved by unanimous vote.
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7-A; WASHINGTON AVENUE TRAFFIC DIVERTERS; Presented was a public
hearing regarding Washington Avenue traffic diverters located at
20th and 26th Streets. The staff report was Presented. Discussion
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was held. The public hearing was opened at 9:05 P.M.
Councilmember Conn moved to hear from members of the public for
three minutes each. Second by Councilmember Press. The motion was
approved by unanimous vote.
The fOllowing persons spoke in support of the barricades: Theodore
Guidinger, Philip Frank, Greg Mooser, Darryl Turner, Jerry Reznick,
Michael Gottlieb, Cindy Gottlieb, Tom Clark, Arthur F. Eskelin, Hal
Neiman, Larry Peterman, Stanley Rubin, Jerry Schwartz. The
following persons spoke in opposition to the barriers at this
location and/or installation on other streets if the barrlcades
remain: Betty S. Mueller, Wayne Schneider, Patrick Smith, Ulysses
Gibson, Kathy McGuire, Mary Frances Kanze, Patrick Regan. Mayor
Yannatta Goldway moved to allow the temporary barriers to remain
pending a report from the City Attorney regarding a legal decision
on installation of traffic barriers and a report from the Traffic
Engineer on integrating traffic control programs throughout that
neighborhood. Second by Councilmember Zane. With the consent of
the second, Mayor Yannatta Goldway included to in the motion the
request of Councilmember Conn that in addition to maintaining the
temporary barriers and implementing more of them if neighborhoods
want them, the overall impact be looked at in that area to whatever
extent possible in terms of traffic patterns; further to request
the Police Department to respond in terms of traffic control and
crime problems or lack of them. Discussion was held.
Councilmember Reed entered lnto the record a telephone message she
had received from Mrs. Jennings, in opposition to the barriers
stating that traffic has increased on Callfornia Avenue. There
being no one else wiShing to speak, the hearing was closed at 10:08
P.M. After further dlscussion, the motion was approved by the
following vote:
Council Vote: Affirmative: Councilmembers Conn, Jennings,
Press, Zane and Mayor Yannatta
Goldway
Negative:
Councilmembers Edwards and Reed
councilmember Jennings requested that the record show his
affirmative vote bceause it is only a temporary measure.
Councilmember Conn moved to extend the meeting beyond 11:00 P.M.
Second by Mayor Yannatta Goldway. The motion was approved by a
vote of five in favor (Councilmembers Jennings and Reed opposed).
(Councilmember Jennings departed at 10:50 P.M.)
Mayor Yannatta Goldway moved to hear the following items: Items
7-B, 8-A, 9-A, II-A, Il-B, 12-B, 13-B, 13-C and 8-D. Second by
Councilmember Press. The motion was approved by unanimous vote.
7-B: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was a public
hearlng regarding assessments of costs to repair damaged sidewalks,
driveways and curbs in various areas within the City. The staff
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report was presented. A letter in opposit1on was entered into the
record from William J. Wolfe. The public hearing was opened at
11:02 P.M. Jack Barker spoke in opposition. No one else wishing
to speak, Mayor Pro Tempore Edwards moved to close the hearing at
11:07 P.M. Second by Councilmember Zane. The mot1on was approved
by unanimous vote. Discussion was held. Mayor Pro Tempore Edwards
moved to acknowledge the protests and adopt Resolut1on No.
63B2(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF
STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS
(SR-BO-20)", reading by t1tle only and waiving further reading
thereof. Second by Councilmember Conn. The motion was approved by
the fOllowing vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Jennings
8-A: AIRPORT: Presented was a staff report transm1tt1ng an
ordinance for introduction repealing the 85 SENEL (Single Event
Noise Exposure Level), estab11shing 100 SENEL and extending the
departure curfew at Santa Monica Airport. Mayor Yannatta Goldway
moved to hear fram the members of the public for three minutes
each. Second by Councilmember Zane. The motion was approved by
unanimous vote. The public hearing was declared open. The
following persons spoke in support of the ordinance: Wyn Sears, J1m
Sharp and Wolfgang Kummer. The following persons spoke 1n
opposit1on to the ordinance: Rol Murrow, Donald Brandsen, James
Barton, Robert F. Gunnell and Paul Blackman. There being no one
else wish1ng to speak, Counc1lmember Conn moved to close the public
hearing at 11:34 P.M. Second by Councilmember Zane. The motion
was approved by unanimous vote. Discussion was held. Mayor Pro
Tempore Edwards moved to introduce on ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO
ESTABLISH fu~ INTERIM AIRPORT ~OISE LIMIT OF 100 SENEL AND TO EXTEND
THE DEPARTURE CURFEW", reading by title only and wa1ving further
reading thereof. Second by Councilmember Zane. The motion was
approved by the following vote:
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Council Vote: Unanimously approved 6-0
Absent: Councilmember Jennings
9-A: CHANGE IN COMPREHENSIVE LAND USE ORDINANCE/ESTABLISHMENT OF
INTERIM PERMIT PROCEDURE GUIDELINES: Presented was a staff report
and a resolution of intention to change the Comprehensive Land Use
Ordinance and to establish interim permit procedure guidelines, as
directed by the City Council on September 29, 19B1. The staff
report was presented. The public hearing was opened by Mayor
Yannatta Goldway. Tom Larmore and Karl Shober spoke to various
protions of the resolution. During discussion, the following
amendments to the resolution were proposed: On page 29, Section
15, an addition to Subsection (f) to read "There shall be excluded
from total proJect cost the cost of bringing a building into
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compliance with the City's fire safety or seismic safety
ordinances." Language to be added so that in the C3 and C2 areas,
covered parking at street level frontage is prohibited. All of
Ocean Avenue is to be designated a site review district. The 1.5
percent fee for arts and soc1al services is to be applied on all
commercial buildings includ1ng those less than 7,500 square feet.
Page 26, Section 12, related to the R2 D1strict be revised to read
"a 30 feet height limit with a maximum cornice-line height of 25
feet when the roof exceeds the maximum cornice-line he1ght." On
,page 29, Sect10n 15, there be added to subsect10n (d) a condition
! for "a traffic and emission abatement plan which includes
encouraging the use of mass transit in addition to the requirements
of..." On page 29, language be added to Subsection (c) to provide
that the day care center or other community space be available and
affordable by all economic segments of the community. On page 22,
end Subsection (J) w1th the words "no required setback" in order to
leave unchanged the current ARB guidelines that 10 percent of Ml
and M2 d1stricts be landscaped. On page 21, the area described in
Subsection (e) (from Stewart Street to Centinela between the
railroad tracks and Exposition Boulevard) be rezoned to MIA. A
section be added to indicate that this resolution to the extent it
establishes interim guidelines under Ordinance No. 1220(CCS), 1S of
no force or effect upon the expiration of Ordinance No. l220(CCS).
Councilmember Reed requested the record to reflect her concern that
part of the resolution adopts significant interim changes in
development standards without adequate public notice, including
requirements On developers to provide housing, fees, etcetera, and
that she questions the legality of this resolution because of
inadquate notice and the fact that the agenda item wording and
resolution title did not adequately state what the Council would be
consider1ng. Councilmember Conn moved to adopt, as amended during
discussion, Resolution No. 6385(CCS) ent1tled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF Sfu~TA MONICA OF ITS INTENTION TO
AMEND THE COMPREHENSIVE LAND USE ORDINANCE RELATING TO VARIOUS
DISTRICTS AND ESTABLISHING INTERIM GUIDELINES", reading by title
only and waiving further thereof. Second by Councilmember Zane.
The motion was approved by the following vote:
Counc11 Vote:
Affirmative:
Councilmembers Conn, Edwards,
Press, Zane and Mayor Yannatta
Goldway
Negative:
Councilmember Reed
Absent:
Counc1lmember Jennings
II-A: FINAL TRACT MAP NO. 40018: Presented was a staff report
regarding Final Tract Map No. 40018 submitted by Raymond A. &
Celestine E. Normandin for a new slx-unit condominium proJect at
1808 Seventeenth Street. Mayor Pro Tempore Edwards moved to adopt
Resolution No. 6383(CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
SUBDIVISION MAP OF TRACT NO. 40018", reading by title only and
waiving futher thereof. Second by Councilmember Zane. The motion
was approved by the following vote:
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October 27, 1981
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Council Vote: Affirmative: Councilmembers Conn, Edwards,
Press, Reed and Zane
Absent:
Councilmember Jennings
Abstain:
Mayor Yannatta Goldway
(Councilmember Reed departed at 12:30 A.M.)
Il-B: FINAL TRACT MAP NO. 41446: Presented was a staff report
regard1ng Final Tract Map No. 41446 submitted by Jack Spe1gelman
and Jerrold M. Caris, General Partners in Jascar Development
Corporation, for a new six un1t condominium project at 828 Grant
Street. Mayor Pro Tempore Edwards moved to adopt Resolution No.
6384(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT
NO. 41446", reading by title only and waiving further reading
thereof. Second by Councilmember Conn. The motion was approved by
the following vote:
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Council Vote: Aff1rmat1ve: Councilmembers Conn, Edwards,
Press and Zane
Absent:
Councilmembers Jennings and
Reed
Abstain:
Mayor Yannatta Goldway
Il-D: BUS SHELTERS: Withdrawn by staff.
12-A: SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT DIRECTOR: The
request of Gordana Swanson, District Director, Southern Californ1a
Rapid Transit District, to address the Council regarding public
transportaiton issues, was continued to November 24, 1981.
12-B: CDBG PROGRAM/FEDERAL LEGISLATION CHANGES: Presented was the
request of Frederick L. Allingham, Executive Director, Pica
Ne1ghborhood association, to address Council regarding concerns
about the CDBG program due to recently changed federal legislation.
Mr. Allingham reported that changes in federal legislation
eliminate planning requirements and meaningful citizen
participat1on, reduces accountability on displacement and benefit
issues, and generally abdicates the government's role for
low-and-moderate income people. Councilmember Conn moved to direct
staff, including the City Attorney and the CDBG coordinator, to
prepare for Council the necessary documents, staff reports,
ordinances, etcetera, to insure that the concerns expressed by pica
Neighborhood Association are met in the City's CDBG process.
Second by Councilmember Zane. The motion was approved by the
following vote:
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council Vote: Unanimously approved 5-0
Absent: Councilmembers Jennings and Reed
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(Councilmember Zane departed at 12:40 A.M.)
13-B: PERSONNEL BOARD VACANCIES: Presented was the matter of
appointment of two members of the Personnel Board. Councilmember
Conn moved to continue this item to November 3, 1981, and extend
nominations by Councilmembers to noon on Friday, October 30, 1981.
Second by Mayor Pro Tempore Edwards. The motion was approved by
the following vote:
Council Vote: Unanimously approved 4-0
Absent: Councilmembers Jennings, Reed and
Zane
l3-C: PLANNING COMMISSION VACANCY: Presented was the resignation
of Planning Commissioner Tisa McKee. Mayor Yannatta Goldwa~ moved
to accept with regret the resignation of Tisa McKee from the
Planning Commission, request the City Clerk to communicate
appreciation for her service and regret at her leaving, and direct
the City Clerk to publish a notice of the vacancy on the Planning
Commission. Second by Mayor Pro Tempore Edwards. The motion was
approved by the following vote:
Council Vote: Unanimously approved 4-0
Absent: Councilmembers Jennings, Reed and
Zane
8-D: AGREEMENT FOR DEVELOPMENT OF WELTON BECKET PROJECT AT
COLORADO AVENUE BETWEEN CLOVERFIELD BOULEVARD AND 26TH STREET
lL~D APPROVAL OF NEGATIVE DECLARATION: Presented was a staff
report and ordinance for adopt~on approving a development
agreement with Colorado Place Ltd. (Welton Becket ProJect) for
development at Colorado Avenue between Cloverfield Boulevard
and 26th Street (introduced September 15, 1981, and
re-introduced October 13, 1981) and approving a negative
declaration. Mayor Pro Tempore Edwards moved to approve
the negative declaration as prepared, pursuant to
provisions of the California Environmental Quality Act, and
to adopt Ordinance No. 1231(CCS) ent~tled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF Sfu~TA MONICA APPROVING
DEVELOPMENT AGREEMENT (Contract No. 3719(CCS) BETWEEN
COLORADO PLACE, LTD. (WELTON BECKET PROJECT) AND THE
CITY OF SANTA MONICA", for development at Colorado Avenue
between Cloverfield Boulevard and 26th Street, reading by
title only and waiving further reading thereof. Second by
Councilmember Conn. The motion was approved by the
fOllowing vote:
Council Vote: Unanimously approved 4-0
Absent: Councilmembers Jennings, Reed
and Zane
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134
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ll-K, ll-L, ADJOURNMENT: At 12:49 A.M., Mayor Yannatta Goldway
moved to adJourn to Thursday, October 29, 1981, at 2:00 P.M. to
consider Items ll-K and 11-L (Closed Session) for the purpose of
considering pending litigation and personnel matters and to hold a
working session with new City Manager John Alschuler and that
rema~ning agenda items be continued to November 3, 1981. Second by
Counc~lmember Conn. The motion was approved by the following vote:
Council Vote: Unanimously approved 4-0
Absent: Councilmembers Jennings, Reed and
Zane
ATTEST:
{~~/~ nub~~
Ann M. Shore
City Clerk
/ ~7':.EI?: , . /' .
L!014~4 u~0z;u
Ruth? natta GOld~' ~'-(
Mayor ,
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