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R-6759 e . RESOLUTION NO. 6759 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CITY'S DEFERRED COMPENSATION PLAN WHEREAS, on December 17, 1974 the City Council of the City of Santa Monica adopted Resolution No. 4576 (CCS) establishing the terms of a Deferred Compensation Plan for City employees; and WHEREAS, on February 23, 1982 the City Council of the City of Santa Monica adopted Resolution No. 6443 (CCS) amending the Deferred Compensation Plan for City employees; and WHEREAS, provisions of that plan must again be revised to conform with the Internal Revenue Service re9ulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 4576 and Resolution No. 6443 are hereby repealled. SECTION 2. The revised Deferred Compensation Plan of the City of Santa Monica attached hereto is hereby approved. . - SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: '~~T" ROBERT M. MYERS City Attorney :~~;...-, f::h' .......... . . CITY OF SANTA MONICA DEFERRED COMPENSATION PLAN TO: Deferred Compensation Plan Participants FROM: Personnel Department SUBJECT: Description of Plan Regulations The City's Deferred Compensation Plan is a savings program which offers some tax advantages. The extent of your participation is a decision YOd need to make based upon your abili ty ta defer income to some later date. You should remember that, unlike a regular savings account, these funds cannot be withdrawn until you leave the City except in cases of extreme emergency. However, there are plan limitations and requirements. Some of these limitations and requirements are new and based on recently adopted Internal Revenue Service regulations. Enrollment An employee may enroll in the plan by completing the necessary forms available from Personnel. A new employee may enroll during the first thirty (30) days of employment or, as any other employee, during a scheduled open enr'Cllment period. The first deductions from pay will occur after the first of the month follow ins the month you enroll. The enrollment, or Participation Agreement, will r~main in effect until modified or cancelled by a subsequent P.qreement, acc.ol:'ding to the procedures and regulations below. Amounts of Deferr~l The total amount of deferrals allowed under the IRS code may not exceed $7500 per year. This includes any and all plans of which you may be a participant. The actual provisions are limi ted to the lesser of S7500" per year or 3 3 1/3' of -includable- income.- This means you can have up to $28.8.46 per check deposited in the account, tax free, if that is not more than one third of your gross income. Participation reduces your taxable- income and your tax: Habili ty for the year. The minimum amount of deferra1-~is $10 per pay period. Includable income is that compensation which weuld be taxable in any year as gross income. One-third of gross represents . . approximately 25' of take-home pay, but in any event you can oRly deduct the lesser of $7500 or one-third of gross income. Personnel will assist you in calculating your limit, but we cannot advise you on the financial benefits in'lolved. Our investment vehicle, Great Western Savings, will answer any questions you have. There is a special provision for .catch-up. when you are within three years of reaching normal retirement age, which allows a higher contribution limit. The contribution limit is based on the lesser of $15,000 or the annual $7500 limit and the total of contributions not deferred in a prior year. Par example, if in 1982 you deferred only $1,200 when the ceiling was $7,500, you could defer $7,500 and $6,300 in one or more of your final three years. This applies only to the final three years endin~ before normal retirement age. You !llaY also continue to participate after reaching normal retirement age, but you must designate the age at which participation will end, and it can be no later than the date of termination of employment. Personnel or Great Western Savings can assist you in determining your limits. Changing the Terms of Your Agreement Once you have selected an amount.. to be deducted, you may only change that amount (add to it or reduce it) as specified below. You may, however, cancel your agreement (stop deductions) upon written notice of cancellation to the Personnel Department. This would become effective after the first of the month which is at least 30 days after notice is received by Personnel. For example, if you want to cancel and notify Personnel on June 15, the stop date becomes August 1. Thereafter, you may not re-enroll until the next open enrollment periOd. Open Enrollment periods You can change the amounts of your deduction, or re-enroll: 1. Once each year for all employees, generally in December. . . 2. Within thirty days after the effective date of any MOU which provides a benefi t for deferred compensation or a change in the City's contribution amounts, if any. 3. Within thirty (30) days of a change in bargaining unit that also changes the amount of deferred compensation benefits. Gettin9 Your Money Out The plan is designed to give you a tax savings benefit. Under the IRS Code which authorizes such plans, you cannot have access to the money until certain conditions are met. 1. You leave- the organization; or 2. You reach wnorma~ retirement ageR; or 3. You die before leaving the plan or retirement; or 4. In the event disability; or you terminate employment for s. In cases of WExtreme Financial Emergencyw. Extreme Financial Emergency means that a sudden and unexpected hardship arises, such as serious illness or loss of property through casualty or disaster. The circumstances which meet this criteria will be reviewed by Plan representatives to determine eligibility. In no event can the money be- released if the hardship can be relieved by: 1. Insurance reimbursement; or 2. Liquidation of other assets not affected by the hardship or disaster; or 3. Stopping your deferrals to the plan. While your money is in the plan, you may not use your savings as collateral in getting a loan. The IRS says this would be the same as having the money. You must meet one of the above requirements to get the money and it becomes taxable upon receipt. So you should consider the distribution method you choose which will provide a reasonable method of getting the funds and not increasing tax liability seriously. . . Distribution Options On your enrollment form, and again on the distribution form you would complete when you leave the plan, you may select from several options how to receive the money. The plan has some basic requirements you should know: 1. Distribution shall occur no later than 30 days aft~ the end of the calendar year in which a terminating- event occurs. If no election is made at least 30 days prior to the effective date, the IRS considers you to be in full receipt of the taxable funds. 2. You may change the mode of distribution you have selected at any time up to 30 days before the effective date. 3. If you leave before normal retirement age (between age 63 and 71) you may elect to leave the contributions in the plan until you reach normal retirement age. This is an irrevocable decision. The allowable distribution.modes are: 1. Lump sum 2. In consecutive periodic payments, monthly, quarterly, semi-annually, or annually over a period of years not to exceed the life expectancy of the participant or the participant and his/her spouse. Life expectancy is determined through actuarial tables based upon' the date distribution begins. You may also arrange for a combination of the above modes 30 days before you elect to leave the plan. More information is available from the Great Western Savings staff. Plan to Plan Transfers If you leave the City to work elsewhere, and the new employer has a qualified plan, you may elect to transfer your contributions. If so, there will be no payout of contributions and the funds will be automatically transferred. The only limits are that the plan is in the same state (California) and that the new employer's plan allows for acceptance of contributions from another plan. CITY OF WTA MONICA DEFERRED COMPIATION PLAN 1. NAME: The name of the PLAN is CITY OF SANTA MONICA DEFERRED COMPENSATION PLAN hereinafter referred to as the "PLAN-. 2. PURPOSE: The primary purpose of the PLAN is to attract and hold personnel by permitting them to enter into agreements with the City of Santa Monica which will provide future payments in lieu of deferred current income upon death, disability, retirement, or other termination of employment. (The PLAN is intended to qualify as an eligible State DEFERRED COMPENSATION PLAN within the meaning of Section ~S7 of the Internal Revenue Code of 1954, as amended, hereinafter referred to as the- -CODE.) 3. DEFINITIONS: For the purposes of this PLAN, certain words or phrases used herein will have the following meanings: A. -EMPLOYER- shall mean the City of Santa Monica. B. -PAR'l'ICIPANT- shall mean an employee who has elected to participate in the PLAN. Only individuals who perform service for the EMPLOYER may be PARTICIPANTS. C. .PARTICIPATION AGREEMENT- shall mean the agreement executed and filed by an employee with the EMPLOYER, pursuant to SECTION 4, in which the employee elects to become a PARTICIPANT in the PLAN. D. .COMPENSATION" shall: mean the salary or wages which would be paid by the EMPLOYER to or for the benefit of an employee, if he/she were not a PARTICIPANT in the PLAN, for actual service performed. E. -INCLUDED COMPENSATION- shall mean COMPENSATION received from the EMPLOYER that is attributable to services performed for the EMPLOYER and that is includible in the PARTICIPANT'S gross income for the taxable year.. Accordingly, a PARTICIPANT'S INCLUDIBLE COMPENSATION for a taxable year does not include any amount payable by the EMPLOYER that is excludable from the PARTICIPANT'S gross income under Section 457~ Section 403(b), Section l05(d), or Section 911 of the CODE. A PARTICIPANT'S INCLUDIBLE COMPENSATION for a taxable year is determined without regard to any community property laws. F. -DEFERRED COMPENSATION- shall mean the amount of COMPENSATIO~hich the PARTICIPANT an~e EMPLOYER mutually ag~ shall be deferred in acwrrdance with the provisions of this PLAN. G. -DISABI~ITY- means the inability of a PARTICIPANT to engage in his/her usual occupation by reason of medically determinable physical or mental impairment as determined by the EMPLOYER on the basis of advice from a physician or physicians. H. -NORMAL RETIREMENT AGE- shall mean the ranqe of ages ending no later than age 70 1/2 and beginning no earli~r than age 63. In the case of a PARTICIPANT who continues to work beyond these ages, NORMAL RETIREMENT AGE shall be that date or age designated by the PARTICIPANT, but such date or age shall not be later than the date or age at wnich the PARTICIPANT separates from the service with the EMPLOYER. I. ~ERMINATION OF EMPLOYMENT- shall mean the severance of the PARTICIPANT'S employment with the EMPLOYER prior to retirement.. 4. PARTICIPATION: A. Any eligible employee may elect to become a PARTICIPANT of the PLAN and defer payment of part of his/her COMPENSATION by executing and delivering to the EMPLOYER a written PARTICIPATION AGREEMENT. B. COMPENSATION shall be deferred for any calendar month only if a PARTICIPATION AGREEMENT providing for such deferral has been entered into and is effective before the beginning of such month. A PARTICIPATION AGREEMENT shall remai~ in full force and effect from month to month unless revoked or superseded by a new PARTICIPATION AGREEMENT. C. The PARTICIPATION AGREEMENT shall state the amount of COMPENSATION to be deferred pursuant to the PLAN, which shall not exceed the amounts provided in Section 5 below. A PARTICIPANT must agree to defer an amount not less than $10.00 per payroll period for each investment. D. Additional PARTICIPATION AGREEMENTS providing for deferral of additional COMPENSATION not yet earned may be executed prior to the beginn~ng of any month to become effective during such subsequent month. Prior PARTICIPATION AGREEMENTS may not be revoked or modified except as elsewhere provided herein. 5. E. A PARTICIP~may revoke his/her PARTI~PATION AGREEMENT by filing will the EMPLOYER an execut~ritten notice of revocation. In the event a revocation has been filed, no furth~r COMPENSATION shall be deferred hereunder commencing as of the beginning of the first month that commences at least thirty (30) days after such notice is-dellvered to the EMPLOYER and continuing until the Employee executes and delivers a new PARTICIPATION AGREEMENT in accordance with Section 4A. No amounts shall be payable to an employee upon revocation of his/her PARTICIPATION AGREEMENT unless otherwise due pursuant to Section 10. DEFERRAL OF COMPENSATION: A. For each month in which a PARTICIPATION AGREEMENT of an employee is in effect, the EMPLOYER shall not pay the employee his/her full COMPENSATION but shall defer payment of such part of his/her COMPENSATION as is specified by the employee in the PARTICIPATION AGREEMENT. B. Except as provided in Section SC, the maximum amount that may be deferred under the PLAN for any taxable year of a PARTICIPANT shall not exceed the lesser of: L) $7,500, or 2) 33 1/3% of the PARTICIPANT'S INCLUDIBLE COMPENSATION for the taxable year, reduced by any amount excludable from the P1\.RTICIPAN'l"S - gross income for the taxable year under Section 403{b) of the CODE. Similarly, if the EMPLOYER contributes additional amounts into the PLAN, the maximum amount that may be deferred by the P1\.RTICIPANT shall be reduced by the amount of the EMPLOYER'S contribution. c. For anyone or more of a PARTICIPANT'S last three (3) taxable years ending before such PARTICIPANT attains NORMAL RETIREMENT AGE, the maximum amount that may be deferred under the PLAN for any taxable year of ~he PARTICIPANT shall not exceed the lesser of $15,000 or the sum of the maximum amount that could be deferred for such taxable year under Section SB above, wi~~out regard to this Section, plus so much of the maximum amoun~ that could be deferred for all prior taxable years under Section 5B above, without regard to this Section, aa has no~ theretofore been deferred. In no event may the amount of DEFERRED COMPENSATION for the year exceed the total amount of COMPENSATION for the year. A prior taxable year can be taken into account only if such taxable year begins after December 31~ 1978, the PARTICIPANT was eligible to participate in the PLAN during all or any portion of the taxable ye:ar,_ and the amount of c.oMPENSATION deferred under the PLAN during the taxable-year was subject to a ceiling required by Section 457 of the CODE. Iprior taxable year incl~ a taxable year in ~hich t e PARTICIPANT ~as eligibllFto participate in an eligible plan sponsored by a different ent~ty, provided that the entities sponsoring the plans are located within the sam~.State. D. If an individual is a PARTICIPANT in more than one eligible State DEFERRED COMPENSATION PLAN esta~lished pursuant to Section 457 of ehe CODE, the amount of COMPENSATION deferred under this PLAN when added to the COMPENSATION deferred under all such others PLANS, may not exceed the maximum amounts set forth in Sections sB and 5C above. 6. ADMINISTRATION OF THE PLAN: A. The EMPLOYER shall have full authority and power to adopt the rules and regulations for the administration of the PLAN, and to interpret, amend, alter, and revoke any rules and regulations so adopted. B. The EMPLOYER may, at its option, establish one or more DEFERRED COMPENSATION PLAN Funds to which DEFERRED COMPENSATION is credited at such times as the COMPENSATION would have been payable to individual employees if they ~ere not PIlRTICIPANTS in the PLAN. 7. EARNINGS OF THE FUND If a fund is established Dursuant to Section 68, and such fund is invested and reinvested in a manner intended to increase PLAN assets, the net earnings of such fund may be accumulated and held in the fund, provided that such assets ~emain the unrestricted assets of the EMPLOYER as set forth in Section. 8 below. 8. ASSETS OP THE PLAN: All amounts of COMPENSATION deferred under the PLAN, all property and rights purchased with such amounts, and all income attributable to such amounts, property, or rights shall remain solely the property and rights of the EMPLOYER. subject only to the claims of the EMPLOYER'S general creditors, until made available to the PARTICIPANT or other benefi~iary. The obligation of the EMPLOYER to a PARTICIPANT for payment of the DEFERRED COMPENSATION and increments thereon referred to in this PLAN is a contractual obligation only and PAR~~~~ABTS shall have. no preferred or specific interest by way of trust, escrow, annuity or otherwise, in and to the specific assets or funds that may be established. 9. MAINTENANCE OF BOOK ACCOUN'I'S A book. account shall be maintained for each PAR'1'ICIPANT. There shall be credited to the book account all amounts of COMPENSATION deferred under the PLAN and all income attributable to such amounts. The i~e attributable to an ~t shall mean the actual earnings~ the fund established puP.ruant to Section 6B of the PLAN, if such a fund is established by the EMPLOYER, allocated on a pro rata basis but in no event less than the earnings that would have been earned if the amounts deferred had been invested from time to time in one or more of the various lnvestment options available within the PLAN. 10. DISTRIBUTION OF BENEFITS: Distribution of benefits to each PARTICIPANT shall commence not later than thirty (30} days after the end of the calendar year following a distribution event, providing the PARTICIPANT has submitted written notification to the EMPLOYER requesting distribution. The PARTICIPANT must elect a mode of distribution irrevocably no~ less than thirty (30) days prior to the date on which the- distribution is to be- made- or is to commence. A PARTICIPANT who elects a mode of distribution on or after such date wilL be deemed to be in constructive receipt of the sum of all amounts deferred. In the event a distribution event occurs prior to the date the PARTICIPANT attains NORMAL RETIREMENT AGE, the PARTICIPANT may irrevocably elect, prior to th~ time any amounts become payable, to defer payment of some or all of such amounts until such time as the PARTICIPANT attains NOBMAL RETIREMENT AGE. A. Retirement: In th~ event of retirement, the amount credited to the PARTICIPANT'S book account shall be distributed to him/her in anyone 04 more of the methods stated in Section 11. B. Termination of Emfloyment: In the event of the PARTICIPANT'S termination of employment ~ith the EMPLOYER all amounts credited to the PAR~ICIPANT'S book account shall be distributed to him/her in anyone or more of the me~~ods as stated in Section 11. C. Disabili ty: In the event of termination of employment by reason of disability, distribution of all amounts credited to the PARTICIPANT'S book account shall be distributed to him/her in anyone or more of the methods as stated .in- Section 11. D. Death: In the event of the death of the PARTICIPANT all amounts credited to his/ber book account shall be distributed to the named beneficiary(ies) or estate over a period not greater than: -_...,...-----~-.,..-.---~_..- -_......--~----~- ..---- -..-- -----.........--,-~---...-.~--- ...----.....- ..."----..... ...~ ~ --.,........ '""-~ - - 1) The life expectancy of the beneficiary, if the ~"'ficiary is the PARTICIP~'S surviving spouse, 2) Fifteen (15) years, if the beneficiary is not the PARTICIPANT'S surviving spouse. 11. MODE OF DISTRIBUTION: All funds credited to a PARTICIPANT'S cook account shall be distributed by anyone or more of the following methods: A. In a lump sum. B. In consecutive periodic payments monthly, quarterly, semi-annually or annually over a period of years from the date distribution began, not to exceed hi~/her life expectancy. C. In monthly, quarterly, semi-annual or annual installments over the life expectancy of the PARTICIPANT, or PARTICIPANT and his/her spouse. Life expectancy shall be actuarially determined by the EMPLOYER based on the date the initial distribution shall begin. D. Amounts distributed each year, beginning with the taxable year in which the- PARTICIPANT attains age 70 1/2 or, if later, the taxable ye-ar in which payments commence, shall not be less than the lesser of the balance of amounts deferred or an amount equal to the quotient obtained by dividing the balance of amounts deferred at the beginning of such year by the life expectancy of the PARTICIPANT or the joint life expectancy of the PARTICIPANT and the PARTICIPANT'S spouse, as applicable, determined as of tbe date the PARTICIPANT attains age 70 and reduced by one for each taxable year commencing after the PARTICIPANT attains age 70 1/2. 12. EMERGENCY WITHDRAWALS: If a PARTICIPANT is faced with an unforeseeable emergency, the PARTICIPANT may apply to the EMPLOYER for withdrawal of funds from the PLAN.. Such withdrawals shall be perm1tted, in the EMPLOYER'S discretion, only in circumstances of an unforeseeable emergency. An unforeseeabl& emergency is severe financial hardship to the PARTICIPANT resulting from a sudden and unexpected illness or accident of the PARTICIPANT or of a dependent of the PARTICIPANT, loss of th~ PARTICIPANT'S property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the PARTICIPANT. The circumstances that will constitute an unforeseeable emergency will depend upon the facts of each case, but, in any case, payment may not be made to the extent that such hardship is or may be relieved by: 1) 2) Reimbursement or compensation by insurance or otherwise, Liquida~n of the PARTICIPANT'S a~ets, to the extent the liquidation of such assets would not itself cause severe financial hardsh1p, or 3) Cessation of deferrals under the PLAN. Withdrawals or amounts due to an unforeseeable emergency shall only be permitted to the extent reasonably needed to satisfy the emerger&y need. 13. PLAN TO PLAN TRANSFERS: A. The EMPLOYER shalr accept funds from other eligible-State DEFERRED COMPENSATION PLANS established pursuant to Section 457 of the CODE to be transferred and added to the PARTICIPANT'S book account within the PLAN provided that all of the fol~owing conditions exi&t: 1. -/ The funds so transferred were deferred by the PARTICIPANT from COMPENSATION while employed by a politica~ subdivision residing in the same State as the Employer,. and; 2. The funds so transferred are from a plan that provides that if the PARTICIPANT separates from service in order to accept employment ~ith another such entity, payout will not commence upon-separation from service, regardless of any other provision of the plan, and amounts previously deferred will automatically be transferred. B. Amounts deferred by a former PARTICIPANT shall be transferred to another eligible plan of which the former PARTICIPANT has become a participant provided that the other plan is sponsored by an entity withia the same State as the EMPLOYER and the plan receiving such amounts provides for the acceptance of the amounts. C. Regardless of any other provision of the PLAN, if the PARTICIPANT separates from service with the EMPLOYER in order to accept employment with another such entity, payout will not commence upoa separation from service and amounts previously deferred will automatically be transferred. 14. MISCELLANEOUS: A. Amounts deferred under a State DErERRED COMPENSA~IO~ PLAN in taxable years beginning before January 1, 1979 are hereby made a part ~f this PLAN. B. ~he PLAN shall allow the redirection of past deferrals as well as current deferrals, as applicable, into different investment modes available wi~hin the PLAN. The_redirection of s~ch amounts may occur before o~ after payments have commenced under the PLAN. ~ ___~_......____:::;~..:.........-=_ :'-::~._~"::'_:-.::':....___'_L__'" _~_=,,~::::'~~~__~~~~~"__4~_-=-___ ____ _ C. COMPENSATION deferred under this PLAN shall be taken into account at 4Ir value in the PLAN year~ which deferred. 15. NON-ASSIGNABILITY CLAUSE: It is agreed that neither the PARTICIPANT nor his/her beneficiary, nor any other designee, shall have any right to commute, sell, assign, transfer, or otherwise convey the right to receive any payments hereunder, which payments and right thereto are expressly declared to be non-assignable and non- transferable, and in the event of any attempted assignment of transfer, the EMPLOYER shall have no further liability hereunder nor shall any payments be transferable by operation of law in in event of bankruptcy or insolvency, except to the extent otherwise provide by law, notwithstanding the above clause. 16. COMMUNICATION: Any notice, filing or communication directed to the EMPLOYER shall be mailed or delivered to the following address: Personnel Department, ~ity of Santa Monica 1685 Main Street Santa Monica, California 90401 Any notice or communication directed to any PARTICIPANT Shall be mailed or delivered to the address provided_in hiS/her PARTICIPATION AGREEMEN~. 17. AMENDMENT OR TERMINATION OF PLAN: The EMPLOYER may, at any time, terminate this PLAN for all PARTICIPANTS. Upon such termination, each PARTICIPANT in the PLAN will be deemed to have revoked his/her PARTICIPATION AGREEMENT as of the date of such termination~ The EMPLOYER may also amend the provisions of this PLAN at any time~ providedr however, that no amendment shall affect the rights of the PARTICIPANTS or their beneficiaries to the receipt of payment of benefits, to the extent of any compensation deferred at the time of the amendment as adJusted for income attributable to such DEFERRED COMPENSATION prior to and subsequent to the amendment. Th~s PLAN LS intended to qualify as an eligible State DEFERRED COMPENSATION PLAN under Section 457 of the CODE, and shall be interpreted and administered in a manner consistent with such qualification. The EMPLOYER reserves the right to amend the PLAN to the extent that may be necessary to conform the PLAN to the requirements of Section 457 of the CODE and any other- applicable law, regulation or ruling, including amendments that are retroactive to the effective date of the PLAN. In the event that the PLAN is deemed by the Internal Revenue Service to be administered in a manner inconsistent with Section 457 of the CODE, the EMPLOYER shall correct such administration within the - - ~~-:.n.-_ -==-'-'-"_":-.___~"'~__"'!:'"'~~~~'_~__~-= ___ _ -"'.......,e~-"-"- ___~___________ . per~od provided in Section reserves the right to take required to make the PLAN, Section 457 of the CODE. . 457 of the CODE. The EMPLOYER such action and do such things as as administered, consistent with are The EMPLOYER hereby establishes this DEFERRED COMPENSATION PLAN on the terms and conditions set forth herein. DATE: APPROVED AS TO FORM: f1......~. Yt-I-l-: \-\.. ~ ROBERT MYERS V CITY ATTORNEY BY: BY; . . ADOPTED AND APPROVED THIS 11th DAY OF October , 1 983 . GJ;j~.~ I HEREBY CERTIFY THAT THE FOREGOING REsOLUTION NO. 6759 _WAS OULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA ~T A MEETING THEREOF HELD ON October 11 . 1983 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: Epsteln, Jennr.ngs, Reed, Zane and Mayor Edwards NOES: COUNCILMEMBERS: none ABSENT: CQUNCILMEMBERS: Conn and Press ABSTAIN: COUNCI LMEMBERS: none ATTEST: ~ 7J~~ C I TV C-tE R-K