M-5/10/1983
25~
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MINUTES
OF THE REGULAR MEETING OF THE
CITY COUNCIL OF SANTA MONICA, CALIFORNIA
MAY 10, 1983
STUDY SESSION:
The Santa Monica City Council met in study session on
Tuesday, May 10, 1983, for the purpose of analyzing State
Supreme Court Farrell Decision and its impact on City
revenues, Mayor Edwards called the session to order at 6:21
P.M.
. Roll Call: Present: Mayor Ken Edwards
Mayor Pro Tempore Dolores M. Press
Councilmember James P. Conn
I Councilmember David G. Epstein
Councilmember Christine E. Reed
i (entered 6:35 P.M.)
Councilmember Dennis Zane
City Manager John Alschuler, Jr.
City Attorney Robert M. Myers
City Clerk Joann Jelly
Absent: Counci1member William H. Jennings
Staff presented a comprehensive report on the decision and
its implications. The Study Session was recessed at 7:17
P.M.
REGULAR COUNCIL MEETING
i The regular meeting of the Santa Monica City Council
scheduled for Tuesday, May 10, 1983, was called to order by
Mayor Ken Edwards at 7:33 P.M. Mayor Edwards led the
assemblage in the pledge of allegiance to the United States
. of America, and introduced Reverend Alan Deuel, of the First
Presbyterian Church, who offered the invocation.
Roll Call: Present: Mayor Ken Edwards
Mayor Pro Tempore Dolores M. Press
Councilmember James P. Conn
Councilmember David G. Epstein
Councilmember Christ~ne E. Reed
Councilmember Dennis Zane
City Manager John Alschuler, Jr.
City Attorney Robert M. Myers
City Clerk Joann Jelly
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Absent: Councilmember William H. Jennings
Councilmember Conn moved, Mayor Pro Tempore Press seconded
to add Items 6-T, 6-U, Il-H, 14-E, 14-F, 14-G, 14-H, and
14-1. The motion was unanimously approved by voice vote.
6. CONSENT CALENDAR:
Councilmember Conn moved, Mayor Edwards seconded to approve
the Consent Calendar with the exception of Items 6-A, 6-G,
6-H, 6-1, 6-J, 6-N, 6-0 and 6-T, reading resolutions by
titles only and waiving further reading thereof.
6-B: Resolution No. 6678(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A
HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF
THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS,
DRIVEWAYS AND CURBS. (SR-83-47)," setting a public hearing .
for June 14, 1983 on the assessment of costs to repair
damaged sidewalks, driveways and curbs on Twenty-first
Street, was adopted.
6-C: Resolution No. 6679(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DESIGNATING THE
AREA BOUNDED BY FOURTH STREET, WILSHIRE BOULEVARD, SEVENTH
STREET AND COLORADO AVENUE AS AN UNDERGROUND UTILITY
DISTRICT, ORDERING THE REMOVAL OF THE POLES, OVERHEAD WIRES,
AND ASSOCIATED OVERHEAD STRUCTURES THEREFROM, AND ORDERING
THE UNDERGROUND INSTALLATION OF WIRES AND FACILITIES FOR
SUPPLYING ELECTRIC, COMMUNICATION. AND SIMILAR OR ASSOCIATED
SERVICE," was adopted.
6-D: Resolution No. 6680(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA PROCLAIMING THE
CONTINUED EXISTENCE OF THE LOCAL EMERGENCY," was adopted.
6-E: Resolution No. 668l(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A
PUBLIC HEARING AND INSTRUCTING THE SUPERINTENDENT OF STREETS
TO GIVE NOTICE TO PROPERTY OWNERS TO CONSTRUCT GUTTERS AND
TO RESURFACE THE STREET ON SIXTEENTH STREET BETWEEN COLORADO
AND THE SOUTHERN PACIFIC RAILROAD, ALL WITHIN THE CITY OF
SANTA MONICA," was adopted. .
6-F: Resolution No. 6682(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE
SUBMITTAL OF A PROPOSAL AND THE SIGNING OF A CONTRACT FOR
PROVIDING SERVICES FOR ELDERLY PERSONS," was adopted.
6-K: A request of City Clerk to authorize advertising to
announce vacancies on Commissions and Boards whose terms end
in June, 1983 was approved.
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6-L: Resolution No. 6685(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A
SALARY FOR THE POSITION OF CEMETERY BUSINESS ASSISTANT," was
adopted.
6-M: Appropriation of $16,982 from auto self-insurance fund
balance to purchase two replacement police vehicles was
approved.
6-P: Bid No. 1848 was awarded to Wardlaw Equipment Company,
Inc. , lowest and best bidder, in the total amount of
$6,688.20, including tax, for fire hose for the Fire
Department.
6-Q: Bid No. 1853 was awarded to Eastman, Inc. , at unit
prices quoted through March 31, 1984 for miscellaneous
office supplies.
. 6-R: Bid No. 1859 was awarded to Zumar Industries, Inc. ,
lowest and best bidder, in the total amount of $3,314.28
including tax for bus stop signs for the Transportation
Department,
6-S: Authorization and appropriation of $2,124.68 for
purchase of safe for the City Clerk's Department was
approved.
6-U: Contract No. 3901 was awarded to Security Paving
Company, Inc. , the lowest responsible bidder, in the amount
of $151,586 for traffic signal installation, curb ramp
installation and resurfacing of Sixteenth Street;
appropriation of 1982-83 community Development Block Grant
funds for resurfacing of Sixteenth Street in the amount of
$72,000; and authorization of City Engineer to isue any
change orders necessary to complete the project to the
extent of funds available.
The motion was approved by the following roll call vote:
Affirmative: Councilmembers: Conn, Epstein, Press,
Reed, Zane and Mayor Edwards
. Negative: Counc ilmembers: None
Absent: Councilmembers: Jennings
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6-A: Approval of minutes of Februarr 22, April 5, and April
19. 1983.
Councilmember Reed asked that the record reflect that her
motion on Item 5, page 2 of the April 19, 1983 minutes
should state that Councilmember Edwards be appointed Mayor
by unanimous consent.
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Mayor Edwards asked that the record reflect that the
Redevelopment meeting minutes of February 22, 1983 need to
be approved during a regularly scheduled Redevelopment
meeting. Councilmember Reed moved, Mayor Edwards seconded
to approved the 3 sets of minutes with the noted changes,
The motion was unanimously approved by voice vote.
6-G: Recommendation to adopt Resolution waiving competitive
bids and authorizing direct negotiation for purchase of
office trailer with contract to Facilities Leasing Companr
in the amount of $7,842.66.
After discussion, Oouncilmember Epstein moved, Councilmember
Reed seconded to table this item until after discussion of
City budget. The motion was defeated by the following roll
call vote:
Affirmative: COuncilmembers: Epstein and Reed .
Negative: Councilmembers: Conn, Press, Zane and
Mayor Edwards
Absent: Councilmembers: Jennings
Maror Pro Tempore Press moved, Councilmember Conn seconded
to accept staff recommendation to direct City Manager to
negotiate a contract with Facilities Leasing Company in the
amount of $7,842.66. The motion failed by the following
roll call vote:
Affirmative: Councilmembers: Conn, Press, Zane and
Mayor Edwards
Negative: Councilmembers: Epstein and Reed
Absent: Oouncilmembers: Jennings
6-H: Resolution opposing Communitr College Tuition.
Councilmember Epstein moved, Councilmember Zane seconded to
! adopt Resolution No. 6683 (CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA OPPOSING
COMMUNITY COLLEGE TUITION," reading by title only and .
waiving further reading thereof with the following
amendments to Section 2 on page 1: 1) After the word
"Governorll add comma, deleting the word "and" after the
comrna~ 2) after the word It As semblyll add a comma, and insert
"and to the Santa Monica Community College Board of
Trustees.1I The motion was approved by the following roll
call vote:
Affirmative: Counc ilmember s : Conn, Epstein, Press,
Zane and Mayor Edwards
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Negative: Councilmembers: Reed
Absent: Counc ilmember s: Jennings
6-1: Resolution su~portin~ the creation of Consumers
Utility Board.
Councilmember Zane moved, Councilmember Conn seconded to
adopt Resolution No. 6684 (CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING
CREATION OF CONSUMERS UTILITY BOARD," reading by title only
and waiving further reading thereof. The motion was
I approved by the following roll vote:
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I Affirmative: Councilmembers: Conn, Press, Zane and
I Mayor Edwards
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. I Negative: Councilmembers: Epstein and Reed
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Absent: Councilmembers: Jennings
6-J: Recommendation to support legislation that public
entities not be jointl~ and severally liable for tort
damages.
Councilmember Reed moved, Councilmember Zane seconded to
approve staff recommendation to support legislation that
public entities not be jointly and severally liable for tort
damages. The motion was approved by the following roll call
vote:
Affirmative: Councilmembers: Conn, Press, Reed, Zane
and Mayor Edwards
Negative: Councilmembers: Epstein
Absent: Councilmembers: Jennings
6-N: Award of Bid No. 1835 to Western Elevator Company,
Inc. , lowest and best bidder, in the total amount of
$26,532, including tax, for Seismic U~grading of the
. elevators in Parking Structures 1, 2, 3, 4, 5, and 6.
Stan Scholl, Director of General Services, responded to
questions of Council. Discussion ensued. Counc ilmernber
Epstein moved, Councilmember Conn seconded to award Bid No.
1835 to Western Elevator Company, Inc. , lowest and best
bidder, in the total amount of $26,532, including tax, for
seismic upgrading of the elevators in Parking Structures 1,
2, 3, 4, 5, and 6. The motion was approved by the following
roll call vote:
Affirmative: Councilmembers: Conn, Epstein, Press,
Reed, and Mayor Edwards
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Negative: Councilmembers: None
Abstain: Councilmembers: Zane
Absent: Counc ilmembers : Jennings
6-0: Award of Bid No. 1843 to Instant Replay, lowest and
best bidder, in the total amount of $9,824.35, including
tax, for surveillance system for Police Department.
After discussion, Councilmember Epstein moved,
Councilmember Zane seconded to award Bid No. 1843 to Instant
Replay, lowest and best bidder, in the total amount of
$9,824.35, including tax, for surveillance system for
I Police Department. The motion was approved by the following
roll call vote:
Affirmative: Councilmembers: Conn, Epstein, Press, .
Reed, Zane and Mayor Edwards
Negative: Councilmembers: None
Absent: Counc ilmembers : Jennings
6-T: Recommendation to oppose SB-142, preemption of City
control of signs.
After discussion, Councilmember Reed moved, Counc ilmember
Epstein seconded to approve staff recommendation with the
deletion of the direction to the City Lobbyist to lobby
against SB-142.
Councilmember Zane moved a substitute motion to approve the
staff recommendation as stated. The motion died for lack of
a second. Discussion followed.
The motion was approved by the following roll call vote:
Affirmative: Counc ilmembers: Conn, Press, Reed, Zane
and Mayor Edwards
Negative: Councilmembers: None .
Abstain: Counc ilmembers: Epstein
Absent: Counc ilmember s: Jennings
7. PUBLIC HEARINGS:
i 7-A: Public hearing on gutter construction and street
I resurfacing on Broadway between Eleventh Street and
I Seventeenth Street.
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The City Manager presented the staff report. After brief
discussion the public hearing was declared open at 8:08 P.M.
Member of the public, Ulysses Gibson, questioned why funds
were not made available to continue resurfacing on Broadway i
between Seventeenth Street and Twentieth Street. The City
Manager explained that due to the construction of Colorado
Place and the foreseeable heavy truck traffic, that it would
be wise to postpone the resurfacing until after the Colorado
Place construction is completed. Maror Pro Tempore Press
moved, Councilmember Conn seconded and motion carried
unanimously to close the public hearing at 8:14 P.M.
Councilmember Conn moved, Mayor Pro Tempore Press seconded
to accept staff recommendation, acknowledge protest heard,
acknowledge three written protest letters from Donald and !
Sally Kidson, Ronald Fein, and C. J. Hassakis and overrule
protests, and adopt Resolution No. 6686(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
. ORDERING THE CONSTRUCTION OF CONCRETE GUTTERS AND STREET
RESURFACING ON BROADWAY BETWEEN ELEVENTH STREET AND
SEVENTEENTH STREET ALL WITHIN THE CITY OF SANTA MONICA,"
reading by title only and waiving further reading thereof.
Councilmember Reed asked that the record reflect that the
protest by Donald and Sally Kidson concerning the assessment
of residential properties should be excluded from
assessment. The motion was approved by the following roll
call vote:
Affirmative: Counc ilmember s : Conn, Press, zane and
Mayor Edwards
Negative: Gounc ilmembers: Epstein and Reed
Absent: Councilmembers: Jennings
7-B: PUblic hearin~ on assessment of costs to repair
~~ased sidewalks, drivewars and curbs in Eishteenth,
N~neteenth and Delaware Streets (SR-83-45).
The City Manager presented the staff report. There being no
one to address Council, Councilmember Zane moved,
Councilmember Epstein seconded and motion carried
. unanimously to close the public hearing at 8:19 P.M. I
Councilmember Zane moved, Mayor Edwards seconded to accept
staff recommendation, acknowledge that there were no
protests and adopt Resolution No. 6687(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-83-45)," reading by title only and waiving further
I reading thereof. The motion was approved by the following
roll call vote:
Affirmative: Councilmembers: Conn, Epstein, Press,
Reed, Zane and Mayor Edwards
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Negative: Councilmembers: None
Absent: Counc ilmember s : Jennings
11. ADMINISTRATIVE ITEMS:
II-A: Recommendations re~ardin~ the Santa Monica pier
restoration and reconstruction to: 1) Allocate ~75,000 from
General Fund Reserves for the purchase of haulin~ debris
from Deauville Lot and cover cost over-run on Meek
Construction Company Contra'C,t. 2) 'Approve leasing strategy
includins termination of leases with tenants whose
I businesses were d~stroyed, and sublease to Oatman Rock Shop
subject to ,certai~ conditions; direction to staff to return I
to Council with proposed,lease ~~reement between September 1
I and December 30, 1983. 3) Approve concept of creation of
Santa Monica Pier Restoration Corporation for the purpose of
I manasin~ reconstruction, reestoration and on-soins .
operations of the Pier; direction to staff to prepare
appropriate by-laws, articles of incorporatio~ and other
asreements as necessary the restoration corporation. 4)
Approve Pier platform reconstructi~n stratesy as set forth
in the staff report, and authorize the City Manaser to seek
proposals and recommend award of contract.
The City Manager presented the staff report. Councilmember
Conn moved, Councilmember Zane seconded to hear from the
public for three minutes each. The motion failed by voice
vote. At 8:03 P.M. the public hearing was declared open.
Members of the public, David O'Mally, Jim Williams, Pam
Finke, Sarah Tamar, Tom Larmore, Mike Stevenson, Arnie
Danoff, Ken Genser, Ulysses Gibson, James Baker, Steve
Sturges, Richard Bock, Gwen Meyer, John Jurenka, Ruth
Galanter, and Dan Cohen expressed their concerns over the
future management of the Pier and hoped that all decisions
be well thought out and prudent. The following individuals
expressed their concerns over the leasing strategy set forth
in the staff report: Katherine Voight, Janet Vogelsang,
Louise Kieffer, Ernie Powell, Dennis Dultz, Sheila Ostrow,
Cheryl Rhoden, Maynard Ostrow, and Gwen Meyer, At 10:20 P.M.
the the public hearing was closed and by unanimous concensus
a short recess was taken. The meeting was called back to
order by Mayor Edwards at 10:26 P.M. Mark Tigan, Director .
of Community and Economic Development responded to questions
of Counc il . Judith Meister, Pier Development Manager
responded to questions of Council. After discussion, I
Councilmember E~stein moved, Councilmember Reed seconded to
table this item to Tuesday, May 17, 1983 at 7:30 P.M. The I
motion failed by voice vote. At 10:56 P.M., Councilmember
Conn moved, Mayor Edwards seconded to extend the meeting
past 11:00 P.M. The motion was approved by voice vote.
Councilmember Zane moved, Mayor Pro Tempore Press seconded
to accept the staff recommendation 3A, approving the concept
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of creating a Santa Monica pier Restoration corporation for
the purpose of managing the reconstruction and restoration
of the pier and for ongoing pier operations.
As a substitute motion, Councilmember Epstein moved, I
Councilmember Reed seconded to create a Pier Department
instead of the proposed Santa Monica Pier Restoration
Corporation. The motion failed by the following roll call
vote:
Affirmative: Counc ilmembers: Epstein and Reed
Negative: Councilmembers: Conn, Press, Zane and
Mayor Edwards
Absent: Coune ilmembers: Jennings
. The main motion was approved by the following roll call
vote:
Affirmative: Coune ilmembers: Conn, Press, Zane and
Mayor Edwards
Negative: Councilmembers: Epstein and Reed
Absent: Councilmembers: Jennings
Couneilmember Zane moved, Couneilmember Conn seconded to
direct staff to prepare the appropriate documents to create
the Santa Monica Pier Restoration Corporation including
By-Laws, Articles of Incorporation, and other agreements
which may be necessary. The motion was approved by the
following roll call vote:
Affirmative: Coune ilmembers: Conn, Press, Zane and
Mayor Edwards
Negative: Councilmembers: Epstein and Reed
I Absent: Councilmembers: Jennings
. Couneilmember Zane moved, Councilmember Reed seconded to
allocate $75,000 in order to deal with the $15,000 cost
overrun, and the $60,000 required to remove the debris from
the Deauville lot. The motion was approved by the following
roll call vote:
Affirmative: Councilmembers: Conn, Epstein, Press,
Reed, Zane and Mayor Edwards
Negative: Councilmembers: None
Absent: Councilmembers: Jennings
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Councilmember Conn moved, Mayor Pro Tempore Press seconded
to approve the Pier platform reconstruction strategy as
outlined in the staff report and specifically authorize the
City Manager to seek proposals for an Architecture!
Engineering firm, Construction Manager and recommend award
of contract. The motion was approved by the following roll
call vote:
Affirmative: Counc ilmembers : Conn, Epstein, Press,
Reed, Zane and Mayor Edwards
Negative; Councilmembers; None
Absent, Councilmembers, Jennings
Councilmember Zane moved, Mayor Pro Tempore Press seconded
to approve the termination of leases with tenants whose
. businesses were destroyed, and to direct the City Attorney .
I to draft letters of intent to be submitted to Council for
. approval with the following provisos: I
, 1) notify to aforementioned tenants indicating that it is
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the City's policy to renegotiate leases with them once
I the reconstruction of the Pier platform has been
effected.
i 2) grant tenants the right of first refusal to
negotiate such leases.
I 3) City is under no Obligation to provide tenants with
their prior location on the Pier.
4) Council stressed the letter should be general enough
in nature so as not to enter into legal obligations
concerning future events unknown as of this date.
The motion was approved by the following roll call vote:
i Affirmative, Councilmembers: Conn, Epstein, Press,
Reed, Zane and Mayor Edwards
Negative: Counc ilmember s : None
Absent: Counc ilmembers: Jennings
Councilmember Epstein moved, Councilmember Reed seconded to .
direct staff to do a thorough economic analysis of the pier
and determine a time frame when it will be presented to I
Council, preferably when the Pier section is discussed on
the City Budget. The motion was unanimously approved by
voice vote.
Councilmember Zane moved, Councilmember Conn seconded to
approve the sublease of 350 square feet of Beryl's studio to
Oatman Rock Shop subject to the following conditions:
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1) The sublease be on a month to month basis,
2} Beryl's Studio not charge Rock Shop more than 36% of
Beryl's payment to the City,
3) Increase rent of Beryl's Studio to $275 on an interim
basis.
The motion was approved by the following roll call vote:
Affirmative: Councilmembers: Conn, Epstein, Press,
Reed, Zane and Mayor Edwards
Negative: -Councilmembers: None
Absent: Councilmembers: Jennings
Councilmember Zane moved, Councilmember Conn seconded to
. direct staff to return to Council with proposed lease
agreements no later than November 1, 1983. The motion was
approved by the following roll call vote:
Affirmative: Councilmembers: Conn, Epstein, Reed, Zane
and Mayor Edwards
Negative: Councilmembers: Press
Absent: Councilmembers: Jennings
Councilmember Zane moved, Counci1member Reed seconded to
support staff recommendation for a 3 year lease base term.
The motion was approved by the following roll call vote:
Affirmative: Councilmembers: Conn, Epstein, Reed, Zane
and Mayor Edwards
Negative: Councilmembers: None
Abstain: Councilmembers: Press
Absent: Councilmembers: Jennings
Councilmember Zane moved, Mayor Pro Tempore Press seconded
. to recognize that criteria such as historic investment exist
beyond capital investment, and to be considered in
determining eligibility for longer term leases.
I Councilmember Epstein moved, Councilmember Reed seconded to
table Councilmember Zane's previous motion. The motion
. failed by voice vote.
The main motion was approved by the following voice vote:
Affirmative: Co unc i1member s : Conn, Press, Zane and
Mayor Edwards
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I Negative: Gouncilmembers: Epstein and Reed
Absent: Councilmembers: Jennings
Councilmember Zane moved that a basis be set up for lessees I
concerning common area charges. The motion died for lack of
a second.
Councilmember E?stein moved to proceed to Item 13-A on the !
agenda. The motion died for lack of a second. i
Councilmember Zane moved, Mayor Pro Tempore Press seconded a I
requirement 'that the menu of the lessee be annually reviewed
I and approved by the City so that the City can ensure
I diversity in services offered at the Pier, lessee to be I
I given one year notice on any changes. After discussion,
Councilmember Zane withdrew the motion.
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By concensus of Council, it was decided to hear Item 13-A
next. I
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I 13. WRITTEN COMMUNICATIONS: !
13-A: Request of John Jurenka to discuss ~arkin9 ~roblems
around City Hall.
I John Jurenka complained about the parking situation around
City Hall. Cbuncilmember E~stein moved, Mayor Edwards
. seconded to direct staff to review the use of red bags to
cover parking meters for City vehicles to alleviate the
parking problem. Mayor Pro Tempore Press asked that the
record reflect that she agrees with Mr. Jurenka's complaint.
The motion was unanimously approved by voice vote.
I Il-B:" Proposed schedule for 1983-84 budget study session I
and public hearin9s.
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Councilmember Conn moved, Mayor Edwards seconded to accept
staff recommended budget hearing dates with the budget
adoption date being changed to June 21, 1983 at 7:30 P.M.
The motion was unanimously approved by voice vote.
CLOSED SESSION: .
Il-G: Request for Closed Session to discuss pendin9
liti9~tion and personnel matters. . -
The following action was taken: Councilmember Conn moved,
Mayor Edwards seconded to approve the settlement of Wiseman
vs. City of Santa Monica, Case No. C425513 in the amount of
$18,500. The motion was approved by the following roll call
vote:
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Affirmative. Councilmembers. Conn, Epstein, Press,
Reed and Mayor Edwards
Negative. Councilmembers. None
Absent. Councilmembers. Jennings and Zane
At 1.10 A.M., it was the COncensus of Council to adjourn in
the memory of Forest C. Edgington, Kitty June Evelyn Parker,
Frieda Taubert, and Evelyn Reinbold to May 17, 1983 at
7.30 P.M.
ATTEST. ~~
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-. / . K Ed_rd, w:
f;::~~~~"~)
. !Ci ty Clerk Mayor
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