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CITX OF SANTA MONICA
CITY COUNCIL MINUTES
AUGUST 23 1983
A meeting of the Santa Monica City Council was called to order on
Tuesday, August 23, 1983, at 7=32 P.M. by Mayor Edwards.
Councilmember Zane led the assemblage in the pledge of allegiance to
the United States of America. Mayor Edwards introduced Reverend
Robert S. Richards, Lutheran Church of the Masters, 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 William H. Jennings
Councilmember Dennis Zane
City Manager John Alschuler, Jr.
City Attorney Robert M. Myers
City Clerk Ann M. Shore
Absent: Councilmember Christine E. Reed
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Councilmember Conn moved to add Items 9-A, 14-C, 14-D and 14-E to the
agenda. The motion was duly seconded and approved by unanimous vote.
4-A: PLANNING COMMISSIONER HERBERT KATZ: Mayor Edwards presented a
plaque of recognition to outgoing Planning Commissioner Herbert Katz
and commended him for service to the City.
4-B: OUTSTANDING EMPLOYEE PATRICIA OBENCHAIN: Mayor Edwards
presented a Mayor's Commendation to Patricia Obenchain as an
outstanding civilian employee in the Police Department.
4-C: SERVICE PIN AWARDED TO CAROL ARONOFF: Mayor Edwards presented
a service pin to Carol Aronoff, City Librarian, upon fifteen years of
service.
CONSENT CALENDAR: Councilmember Zane moved to approve the Consent
Calendar with the exception of Items 6-D, 6-F, and 6-L which were
removed from the Consent Calendar for discussion and Item 6-I which
was withdrawn at the request of staff. Second by Councilmember
Epstein. The motion was approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Reed
6-A: APPROVAL OF MINUTES: The minutes of July 12, 1983 were
approved.
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6-B: PROCLAMATION OF LOCAL EMERGENCY: Resolution No• 6739(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-C: BICYCLE/PEDESTRIAN FACILITY FUNDS: Resolution No. 6740(CCS)
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS
AUTHORIZED UNDER SB 821," was adopted.
6-E: OCEAN PARK LIBRARY: A recommendation to increase
appropriations in the Library Budget by $3,000, the amount donated to
Ocean Park Branch Library by Paramount Pictures Corporation for
purchase of equipment and materials, was approved.
6-G: ENGINE HEAD REBUILDING: Bid No. 1886 was awarded to Pedco at
unit prices quoted for diesel engine head rebuilding for
Transportation Department.
6-H: ELECTRICAL SUPPLIES: Bid No. 1895 was awarded to Crown
Wholesale Electric for miscellaneous electrical supplies.
6-Jc BRAKE REPAIR: Bid No. 1894 was awarded to Delmer's Precision
Brake Shop at unit prices quoted for brake repair service.
6-K: BUS GLASS REPLACEMENT: Bid No. 1875 was awarded to Walley
Glass Company at unit prices quoted for bus glass replacement.
END OF CONSENT CALENDAR.
6-D: FAIR HOUSING LEGISLATION: Councilmember Epstein introduced
discussion in regard to a staff report recommending adoption of a
resolution supporting Federal Fair Housing Legislation and explained
that while he strongly supports other aspects of the Resolution he
intends to vote against the adoption because he is not persuaded of
the need to establish another federal agency. Councilmember Zane
moved to adopt Resolution No. 6741(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUPPORTING FEDERAL FAIR
HOUSING LEGISLATION," reading by title only and waiving further
reading thereof. Second by Councilmember Press. The motion was
approved by the following vote:
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Council Vote: Affirmative: Councilmembers Conn, Jennings, ~ •
Press, Zane and Mayor Edwards
Negative: Councilmember Epstein
Absent: Councilmember Reed
6-F: BEACH PARKING PERMIT/SENIOR CITIZENS: Councilmember Zane
introduced discussion in regard to the staff report which recommended
that a reduced beach parking permit be offered to senior citizens at
a one-time cost of $2.00. Discussion was held. Councilmember Zane
moved to approve the staff recommendation. Second by Councilmember
Conn. The motion was approved by the following vote:
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Council Vote: Unanimously approved 6-0
Absent: Councilmember Reed
6-L: OCEAN PARK LIBRARY RENOVATION: Councilmember Epstein
introduced discussion in regard to the staff report which recommended
that the City Manager be authorized to enter into an agreement with
Taylor Architects in the amount of $73,070 to provide final design
and architectural services iror reno~~ation of Ocean Park Library. After
discussion, Councilmember Conn moved to approve the staff
recommendation thereby approving Contract No. 3998(CCS) with Taylor
Architects. Second by Councilmember Press. The motion was approved
by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Reed
8-A: TAX RATE FOR 1983-84 FISCAL YEAR: Presented was a staff report
recommending introduction and adoption of an ordinance setting the
tax rate for Fiscal Year 1983-84 for the Downtown Parking and
Business Improvement District. The Public Hearing was declared open
at 7:56 P.M. No one wishing to speak to the matter, Councilmember
Epstein moved to close the Public Hearing at 7:56 P.M. Second by
Mayor Edwards. The motion was approved by unanimous vote.
Councilmember Epstein moved to introduce and adopt Ordinance No.
1285(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA FIXING THE TAX RATE AND LEVYING TAX FOR FISCAL YEAR
BEGINNING JULY 1, 1983 FOR THE DOWNTOWN PARKING AND BUSINESS
IMPROVEMENT DISTRICT," reading by title only and waiving further
reading thereof. Second by Mayor Edwards. After discussion, the
motion was approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Reed
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8-B: COMPETITIVE BIDDING FOR CITY PURCHASES: Presented was a staff
report recommending adoption of an ordinance for second reading
amending the Municipal Code relating to competitive bidding for City
purchases, having been introduced for first reading at the meeting of
August 9, 1983. Councilmember Zane moved to adopt Ordinance No.
1284(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS 2506A, 2507, 2508 AND
2509 RELATING TO COMPETITIVE BIDDING," reading by title only and
waiving further reading thereof. Second by Councilmember Conn. The
motion was approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Jennings,
Press, Zane and Mayor Edwards
Negative: Councilmember Epstein
Absent: Councilmember Reed
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9-A: Considered later in the meeting.
11-A: VENDORS OF FOOD AND PRODUCT: Presented was a staff report
recommending (1) the City Attorney be directed to review sections of
the Municipal Code applicable to vendors, pushcart vendors, hawkers
and peddlers and determine whether any changes, clarifications and
consolidations may be appropriate; (2) staff be directed, after
consultation with the City Attorney and Chief of Police, to implement
a vendor program at Santa Monica Pier as described in the staff
report for one year; (3) within sixty days after conclusion of that
one year Pier vendor program, staff present to Council an evaluation
of the program together with any recommendations for vendor programs
at additional City locations including the Third Street Mall, Ocean
Front Promenade and Palisades Park; (4) the Pier budget appropriation
for Salaries and Wages be increased by $4,260.00 and for Supplies and
Expenses by $1,400.00; and (5) the Pier revenue estimate be increased
by $133,200.00.
The matter was opened to the public. Richard Tyner spoke in
opposition to permitting vendors who compete with established
businesses. Murray Gould spoke in support of permitting vendor
carts. Councilmember Zane moved to approve the staff recommendation
proceeding with a Pier vendor program as a one year experiment and
directing that, before selecting Pier vendors, staff prepare in
writing, for individual Councilmember review, the selection criteria
procedures by which vendors are to be selecteds for the thirty-some
booths on the Pier. Second by Councilmember Epstein. After
discussion, the motion was approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Reed
11-B: MONTANA AVENUE LEFT TURN LANES: Presented was a staff report
recommending that staff be directed to install a two-way left turn
lane on Montana Avenue between Twenty-sixth Street and Harvard Street
on westbound left-turn lanes at Harvard Street and Yale Street.
Discussion was held. Councilmember Zane moved to approve the staff
recommendation. Second by Mayor Edwards. Following discussion, the
motion failed by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Press,
and Zane
Negative: Councilmembers Epstein, Jennings,
and Mayor Edwarfds
Absent: Councilmember Reed
11-C: TASK FORCE ON LATINO AFFAIRS: Presented was a staff report
recommending establishment of a Task Force on Latino Affairs.
Councilmember Epstein moved approval of the staff recommendation
amended as follows: (1} City Council establish a Task Force on
Latino Affairs which would be composed of no more than fifteen
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persons with knowledge of and/or commitment to the Santa Monica
Latino community to serve for a period to end in December 1984, (2)
Task Force members be appointed by the City Council after an
application process, which includes advertising in the Spanish
language media, and be charged with developing recommendations to
improve service delivery to the Latino community and increase Latino
participation in City government, and (3) the Task Force be expected
to make available preliminary recommendations to the Council in May,
1984, related to City budget and grant priorities and final report in
December, 1984, related to overall City operations and goals. Second
by Mayor Edwards. Discusion was held. The motion was approved by
the following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Reed
11-D: PIER RESTORATION AND DEVELOPMENT: Presented was staff report
summarizing the Pier Charette Design Competition and recommending the
City Manager be authorized to enter into contract far professional
design services with Architects Moore, Ruble, Yudell/Campbell and
Campbell in amount not to exceed $60,000 for Phase I Pier restoration
and development. Discussion was held. Member of the public Philip
Anay spoke to request that consideration be given first to the matter
of overhauling the breakwater. Further discussion was held.
Councilmember Zane moved to approve the staff recommendation thereby
authorizing the City Manager to enter into Contract No. 3999(CCS)
for professional design services with the architectural firm of
Moore, Ruble, Yudell/Campbell & Campbell in an amount not to exceed
$60,000 for Phase I Pier restoration and development. Second by
Councilmember Epstein. After discussion, the motion was approved by
the following vote:
Council vote: Unanimously approved 6-0
Absent: Councilmember Reed
11-E: Considered later in the meeting.
12-A: INTERIM DEVELOPMENT PERMIT 1641 CENTINELA AVENUE: Presented
was a staff report transmitting an appeal from the Planning
Commission's approval of an Interim Development Permit for change of
use from single family dwelling to Child Care Center at 1641
Centinela Avenue (R2 District). Appellant Mary Cooley spoke in
protest of the location of a child care center at this location
because of fast traffic, additional noise and the parking problem and
submitted a petition containing 42 signatures in opposition.
Applicant Dorothy Burnett spoke in support of approval of the permit
for preschool and kindergarten school use. Discussion was held.
Mayor Edwards moved to deny the appeal and affirm the determination
of the Planning Commission to grant an Interim Development Permit for
a Child Care Center use at 1641 Centinela Avenue. Second by
Councilmember Conn. Following discussion, the motion was approved by
the following vote:
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Council Vote: Unanimously approved 6-0
Absent: Councilmember Reed
A recess was held at 9:32 P.M. At 9:42 P.M., the Council reconvened
with all members present as at the roll call.
12-B: APPEAL OF PACLE REGARDING EMPLOYEE BARGAINING UNIT: Presented
was a staff report transmitting an appeal from the decision of the
Municipal Employee Relations Officer determining that the bargaining
unit requested by PACLE (Professional Association of Civilians in Law
Enforcement) is not an appropriate unit under ordinance No. 801(CCS).
The following persons spoke in support of the appeal: Samuel Wells,
counsel for appellant PACLE; James Kucharek, PACLE Chairperson: Mike
Navarro, PACLE Vice Chairperson; Doug Debber, PACLE Board Member;
Mary Griffith; Wayne Hall; and Walter Skinner. Dan Cohen spoke of
the benefits of united labor organization. Discussion was held.
Councilmember Epstein moved to deny the appeal and uphold the
decision of the Municipal Employee Relations Officer. The motion
failed for lack of a second. A motion was made, seconded, and
carried unanimously to continue discussions after 11:00 P.M.
Discussion was held. Councilmember Epstein moved to uphold the
determination of the Municipal Employee Relations Officer. The
motion failed for lack of a second. Following discussion,
Councilmember Conn moved to deny the appeal and uphold the decision
of the Municipal Employee Relations Officer. Second by Councilmember
Epstein. The motion failed by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Epstein,
and Mayor Edwards
Negative: Councilmembers Jennings, Press and
Zane
Absent: Councilmember Reed
Councilmember Epstein moved to table the matter for discussion until
later in the meeting. The motion failed for lack of second. Further
discussion was held. At 11:40 P.M., Councilmember Epstein moved to
hold a five minute recess. Second by Councilmember Conn. The motion
was approved by unanimous vote. At 11:51 P.M., Council reconvened
with all members present as at the roll call. Further discussion was
held. Councilmember Jennings moved to uphold the appeal of PACLE and
permit them to form their proposed employee bargaining unit. Second
by Councilmemeer Press. The motion failed by the following vote:
Council Vote: Affirmative: Councilmembers Jennings, Press
and Zane
Negative: Councilmembers Epstein and
Mayor Edwards
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Abstain: Councilmember Conn
Absent: Councilmember Reed
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{This matter was considered again after Item 14-E.)
12-C: APPEAL/INTERIM DEVELOPMENT PERMIT, MI-T-MART, 3102 MAIN
STREET: Continued to September 13, 1983.
13-A: USE OF CITY PARK MEETING ROOMS: Presented was the request of
Marc I. Hayutin on behalf of Alanon/Alateen to permit use of park
meeting rooms at reduced Yates. Speaking on behalf of
Alanon/Alateen, a program formed to help persons cope with
alcoholism, Marc Hayutin requested use of park meeting rooms at
reduced rates. Following Discussion Councilmember Epstein moved to
receive and file the communication in view of current policy and
precedent. Second by Councilmember Zane. The motion was approved by
the following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Reed
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14-A: COMMISSION ON THE STATUS OP WOMEN: Presented was the matter
of considering applicants to fill a vacancy on the Commission on the
Status of Women. Councilmember Zane moved to accept late
nominations. Second by Councilmember Press. The motion was approved
by unanimous vote. Councilmember Epstein nominated Jacqueline
Lehatto• Mayor Edwards nominated T. Santora. Councilmember Press
nominated Patricia Hoffman. The vote on the nominations was as
follows:
Patricia Hoffman: Councilmembers Conn, Epstein, Press and Zane
T. Santora: Councilmembers Jennings and Mayor Edwards
Therefore, Patricia Hoffman was appointed to the Commission on the
Status of Women for a term expiring June 30, 1985.
14-B: OCEAN PARK COMMUNITY ORGANIZATION: Presented was the request
of Mayor Edwards to discuss approval of an amendment to the contract
with Ocean Park Community Organization (OPCO) and allocation of grant
funds. Mayor Edwards referred to Council consideration of this
matter on July 12, 1983 and requested that reconsideration be given
in view of the City Attorney's opinion that Councilmember Conn's
association with the Church in Ocean Park does not constitute a
conflict of interest. Councilmember Zane moved to hear members of
the public for three minutes each. Second by Councilmember Epstein.
The motion was approved by a unanimous vote. John Jurenka and Tom
Nitti spoke in protest of the opinion regarding no conflict of
interest. Wayne Hall spoke in favor of resolving the matter.
Councilmember Zane moved to reconsider the Council's previous action
on allocating funds to OPCO. Second by Councilmember Press. The
motion was approved by the the following vote:
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Council Vote: Affirmative: Councilmembers Conn, Jennings,
Press, Zane and Mayor Edwards
Negative: Councilmember Epstein
Absent: Councilmember Reed
Mayor Edwards moved that the workplan and budget for OPCO
as submitted this evening be approved. Second by Councilmember
Zane. Member of the public Philip Anaya spoke in support of
OPCO funding. Mayor Edward's motion to approve OPCO's workplan
and budget was approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Press,
Zane and Mayor Edwards
Negative: Councilmember Epstein
Abstain: Councilmember Jennings
Absent: Councilmember Reed
Mayor Edwards moved that the City Manager be authorized to amend OPCO
Contract No. 3973(CCS) to incorporate a full year of activities.
Second by Councilmember Zane. The motion was approved by the
following vote:
Council Vote: Affirmative: Councilmembers Conn, Press,
Zane and Mayor Edwards
Negative: Councilmember Epstein
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Abstain: Councilmember Jennings
Absent: Councilmember Reed
Mayor Edwards moved approval of an additional $92,598 to be allocated
from previously appropriated General Revenue Sharing funds for a
total grant amount of $117,598 for the Fiscal Year 1983-84. Second
by Councilmember Press. The motion was approved by the following
vote:
Council Vote: Affirmative: Councilmembers Conn, Press,
Zane and Mayor Edwards
Negative: Councilmember Epstein
Abstain: Councilmember Jennings
Absent: Councilmember Reed
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14-C: LIQUOR LICENSES: Presented was the request of Councilmember
Epstein to discuss Main Street liquor licenses. Councilmember
Epstein requested reconsideration of a previous Council motion to
routinely oppose applications for transfer or acquisition of liquor
licenses on Main Street, which resulted in a delay in the processing
of the application by the Alcoholic Beverage Commission and
subsequent routine denial by the Alcoholic Beverage Commission;
further that Council consider the application of Willie Tiffany for
an Alcoholic Beverage Commission license at the Mainsail Restaurant
which had previously operated with a license. Wayne Ha11 spoke in
favor of approval of the transfer of the license to the new owner.
Willia Tiffany, new owner of the Mainsail restaurant, spoke to
request that the protest to the license be withdrawn. Jean Marie
Webster spoke in support of removing the standard objection to liquor
licenses on Main Street. Discussion was held. Councilmember Epstein
moved to withdraw any opposition that may have been filed in regard
to the application for transfer of liquor license at the Mainsail
Restaurant and to request a staff report and recommendation on an
appropriate policy toward liquor licenses on Main Street on a future
date. Second by Councilmember Conn. The motion was approved by the
following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Reed
14-D: CITY BOARDS AND COMMISSIONS: Presented was the request of
Mayor Pro Tempore Press to discuss public review of applications for
City Commissions. Councilmember Press presented her request to
consider amending Council Resolution No. 4883(CCS) so as to permit
the public to review applications for membership on City Boards and
Commissions. Discussion was held. Councilmember Press moved to
direct the City Attorney to prepare for Council consideration an
amendment to Resolution No. 4883(CCS) which will make applications to
City Boards and Commission open to the public provided that
advertising and the application itself so indicates. Second by
Councilmember Zane. With the consent of the second, Mayor Pro
Tempore Press included in the motion Mayor Edward's request that
addresses and telephone numbers of applicants not be made public
information. After further discussion and with the consent of the
second, Mayor Pro Tempore Press included in the motion the request of
Mayor Edwards that the application be redesigned to permit public
review of the applicant's expertise and statement of purpose while
retaining confidentiality of other personal information. Following
discussion, Mayor Pro Tempore Press amended and added to the motion
as it was rephrased by Councilmember Epstein: it is the intention of
the Council at a future time to change its policy regarding the
confidentiality of applications, therefore the City Clerk is
requested to propose a new form and the City Attorney requested to
draft appropriate language amending the resolution to be brought back
simultaneously to the Council at some future time. The motion was
approved by the following vote:
Council Vote: Unanimously approved 6-0
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Absent: Councilmember Reed
14-E: LEAGUE OF CALIFORNIA CITIES POSITION ON STATE FUNDING:
Presented was the request of Councilmember Epstein to discuss
endorsement of the League of California Cities' position on State
funding. Councilmember Epstein spoke of the forthcoming League
lobbying effort to urge that the State make a commitment to local
government so that cities can make plans; local governments should
either have State aid or taxing authority sufficient to meet the
responsibilities that are thrust upon them. Councilmember Epstein
moved to endorse the League of California Cities' position on State
funding. Second by Mayor Edwards. The motion was approved by the
following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Reed
12-B: APPEAL OF PACLE REGARDING EMPLOYEE BARGAINING UNIT: The matter
of the PACLE appeal was considered at this time, having been
discussed earlier in the meeting. Councilmember Zane moved to deny
the appeal of PACLE (Professional Associations of Civilians in Law
Enforcement) and affirm the determination of the Municipal Employee
Relations Officer that PACLE is not an appropriate employee
bargaining unit under Ordinance No. 801(CCS). Second by
Councilmember Conn. The motion was approved by the following vote:
Council Vote: Affirmative: Councilmembers Conn, Epstein,
Zane and Mayor Edwards
Negative: Councilmembers Jennings and Press
Absent: Councilmember Reed
11-E: CLOSED SESSION: Presented was a request for Closed Session to
discuss pending litigation and personnel matters. At 12:49 A.M.,
there being no objection, Council adjourned to Closed Session for the
purposes stated. At 1:40 A.M. Council reconvened with members
present as at the roll call.
Councilmember Epstein moved to approve payment of Case No. WEC
067678, Garon vs. the City, in the amount of $3,000. Second by
Councilmember Conn. The motion was approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Reed
Councilmember Epstein moved to approve payment of Case No. WEC
71084, Moody vs. the City, in the amount of $20,792. Second by Mayor
Edwards. The motion was approved by the following vote:
Council Vote: Unanimously approved 6-0
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Absent: Councilmember Reed
Councilmember Conn moved to approve payment of Claim No. ASM 83-81,
Lindauer vs. the City, in the amount of $3,246.91. Second by
Councilmember Epstein. The motion was approved by the following
vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Reed
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Councilmember Conn moved to approve payment of Case No. WEC 079556,
Callender vs. the City, in the amount of $8,600. Second by
Councilmember Epstein. The motion was approved by the following
vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Reed
Councilmember Epstein moved to approve payment of Case No. C65794,
Kropp vs. the City, in the amount of $3,270. Second by Councilmember
Conn. The motion was approved by the following vote:
Council Vote: Unanimously approved 6-0
Absent: Councilmember Reed
9-A: EXECUTIVE PAY PLAN: Presented was a staff report transmitting
a resolution establishing an Executive Pay Plan for certain
employees. Councilmember Epstein moved to adopt Resolution No.
6742(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING AN EXEDUTIVE PAY PLAN," 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 6-0
Absent: Councilmember Reed
ADJOURNMENT: Councilmember Epstein moved to adjourn in memory of
Jean J. Bailey, Louise Maynard, Edward F. Fitzgerald, Hattie "Sandy"
Brassell, Ralph Outright and Rose Summer, and, on behalf of
Councilmember Zane, in honor of Dorothy and David Merken on their
56th anniversary today and who attended the Council meeting this
evening. Second by Councilmember Conn. The motion was approved by
the following vote:
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Council Vote: Unanimously approved 6-0
Absent: Councilmember Reed
ATTEST:
Ann M. Shore
City Clerk
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Ken Edwar s
Mayor
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