HomeMy WebLinkAboutNOVEMBER 18,1975_2
21:8905
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
1 INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
GIRL SCOUTS
PRESENTATION
(Livingston)
PRESENTATION
(Mayor Gilb)
HEARING
(Zoiling)
Approved
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1
HEARING
(zonil).g)
Approved
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I
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
NOVEMBER 18, 1975
The City Council of the City of Arcadia, met in regular session on
Tuesday, November is, 1975 at 7:30 p.m. in the Council Chamber of
the Arcadia City Hall.
Rev. J. William Daum, Episcopal Church of Transfiguration
City Attorney, J. William Phillips
PRESENT:
ABSENT:
Council Members Lauber, Saelid, Helms, Scott, Gilb
None
On MOTION by Councilwoman Lauber, seconded by Councilman Helms and
carried unanimously the minutes of the regular meeting of November 4,
1975 were APPROVED.
Mayor Gilb welcomed Girl Scout Troop No. 27l'who were present to review
proceedings for their community badge.
On behalf of the City Council,Councilman Helms presented to former
Planning Commissioner Irvin I. Livingston, Jr., a plaque in appreciation
for his efforts and accomplishments during his tenure on the City Planning
Commission. Mr. Livingston served for eight years.
Edith Casey, one of the Arcadia Ambassadors who recently visited the
City's Sister City, Newcastle, Australia,on behalf of the contingent,
presented Mayor Gilb with a plaque in appreciation of his leadership and
friendliness during the trip. J. Lyle Cunningham presented Mayor Gilb
with framed pictures of special events which occurred during the trip.
Planning Commission Resolution No. 914 recommending a zone change from
R-2 to R-l on property at 360-80 Campus Drive (Holy Angels Church and
School). This would provide uniform zoning within the area, would bring
the zoning into conformance with the General Plan and the public con-
venience, necessity and general welfare justify the zone change.
Mayor Gilb declared the hearing open and no one desiring to be heard the
hearing was CLOSED on MOTION by Councilman Helms, seconded by Councilwoman
Lauber and carried unanimously. It was further MOVED by Councilman Helms,
seconded by Councilman Saelid and carried on roll call vote as follows
that Council determines this zone change would not have a substantial
impact on the environment and that the recommendation be APPROVED. The
City Attorney will prepare the appropriate ordinance to effect the change.
AYES:
NOES:
ABSENT:
Council Members Lauber, Saelid, Helms, Scott, Gilb
None
None
Planning Commission Resolution No. 915 recommending a zone change from
R-2 to R-l on property at 111-165 W. Duarte Road (portion of Arcadia High
School). This would provide uniform zoning within the area and the
public convenience, necessity and general welfare justify the zone change.
11-18-75
- 1 -
HEARING
Housing &
Connnuni ty
Plan
(Dec. 2)
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21:8906
Mayor Gilb declared the hearing open and no one desiring to be heard
the hearing was CLOSED on MOTION by Councilman Scott, seconded by
Councilwoman Lauber and carried unanimously. Whereupon it was MOVED by
Councilman Scott, seconded by Councilman Saelid and carried on roll call
vote as follows that the City Council hereby determines that the zone
change would not have a substantial impact on the environment; that the
reconnnendation be approved and that the City Attorney prepare the
appropriate ordinance to effect the zone change.
AYES:
NOES:
ABSENT:
Council Members Lauber; Saelid, Helms, Scott, Gilb
None
None
1
Consideration of Housing Assistance Plan and Connnunity Development Plan
and participation with the County in receiving Housing and Connnunity
Development Funds for the fiscal year 1976-77. It was noted in a staff
report dated November 18 the City's participation in this year's
program was confined to planning studies. Items completed in this
year's program were: (1) an updated housing condition inventory of the
City; (2) a potential project questionnaire sent to every fourth household;
and (3) a draft Housing Assistance Plan which identifies the housing needs
of lower income persons. Included in this report is the reconnnendation
of the Connnunity Development Advisory Connnittee and the tabulated results
of the questionnaire.
This is the first of two public hearings required in order for the public
to be heard prior to Council decision as to whether or not the City will
participate in the program next year. Mayor Gilb declared the hearing
open and Joseph Sargis, 1611 Highland Oaks Drive, Chairman of the
Connnunity Development Advisory Connnittee, spoke to written reports to
Council on the conclusions arrived at by the Connnittee. (Reports dated
November 13 and 18 are on file in the office of the City Clerk.)
Members of the Connnittee were: Dan Anderson, Robert Cheney, Edward
Daniell, Rev. J. William Daum, James Hanrahan, Gary Hayward, Joseph
Sargis, Helen Schrader, Dr. Franklin Schoenholtz and Bernice Siemens.
Due to the time element the connnittee endeavored to act in a responsible
manner but arrived at the position where it considered itself and the
connnunity not sufficiently informed to properly advise the Council. As
a result three recommendations were submitted.
1. That the Council apply for second year Housing and Community
Development Act Funding for the following projects. (No projects
listed.) Yes - 0, No - 9.
2. That the Council apply for second year Housing and Connnunity
Development Act Funding only for the express purpose of development of
additional information and public input:' Yes - 5, 'No,- 4.
3. That the Council not apply for funds under the provisions of the
Housing and Connnunity Development Act. Yes - 4, No - 5.
The intent of the motions were set forth in the November 18 report.
Should Council decide to apply for second year funding or funding in any
subsequent year, the Connnittee reconnnended that prior to the designation I
of projects to be included in the application that certain processes be
completed. Mr. Sargis submitted once more that the position of the
connnittee is primarily the result of the County's action in not "
negotiating the matter sooner so the City could have developed more
information prior to the deadline for the filing of an application with
the County. Staff reconnnended that the City participate with the County
in next year's program in order ,that the additional, ~tudies 'may be
undertaken with Housing and Connnunity Development Act funds and not
from city revenues. John Joseph, 408 N. First Avenue, was given a copy
of the Connnittee report.
Sherry Passmore, 1109 Columbia Road, stated in part that the total
citizenry has not had sufficient notice of what is being considered;
that publicity could have been included in the City's Newsletter in an
effort to reach all residents. She asked Council to defer any action
until every citizen is aware of the implications of the act.
11-18-75
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t?
CONDITIONAL
USE PERMIT
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21:8907
William Gorman, 45 Alice Street, President of the East Central Residents'
Association, offered assistance in any way possible. Primarily because
the central district is indicated for housing assistance. He was advised
to get in touch with the Planning Department for additional information
and that Council would like to have the input of the Association.
This hearing will be continued to December 2. Councilman Scott will be
representing 'the City at an out-of-cown meeting on that date and would
like to participate in the vote. Staff will ascertain from County if
action could be deferred until the regular meeting of December 16.
Planning Commission Resolution No. 916 granting a conditional use permit
to operate a gym at 107 N. Santa Anita Avenue. This item was carried
over until this meeting to allow staff to prepare additional data relating
to conditions imposed by the commission as to parking, landscaping, trash
screening. Staff submitted a report and a suggested plot plan for the
parking area.
Council agreed this is a unique situation and felt the requirement for
screening the outside trash storage was unnecessary as it cannot be
seen by the public (Condition No.2 in Planning Commission Resolution);
that the requirement for landscaping the parking area was not practical
as there is barely enough room to park the cars now (Condition No.3)
and would impose a rather substantial economic burden on one tenant
when there are about six other tenants who use the parking lot. The
requirement for limitation on the hours of operation (Condition No.4)
was also felt to be unnecessary as this particular type of business
could be quite busy after 5 p.m., especially by the young people who
could not get there any other time.
It was MOVED by Councilwoman Lauber, seconded by Councilman Scott and
carried on roll call vote as follows that the conditional use permit be
granted subject to conditions No. land 5 of Resolution No. 916 of the
Planning Commission - that Condition Nos. 2, 3 and 4 be DELETED.
AYES:
NOES:
ABSENT:
Council Members Lauber, Saelid,Helms, Scott, Gilb
None
None
AUDIENCE PARTICIPATION
I
1
FASHION PARK
GAME ROOM
DENIED
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Jack C. Nixon, 500 Santa Maria, addressed Council at length concerning
payment of a claim for damages to his automobile on July 2, 1974. The
damages were sustained by shotgun pellets discharged by an Arcadia
policeman during a shooting incident with an armed suspect. The claim
had been denied by the City's insurance carrier due to the fact that the
claim had been filed after the statute of limitations (100 days) had
expired. Mr. Nixon said he had not been advised on this time limit. He
responded to questions by members of the City Council and the City
Attorney. Mr. Nixon's insurance agent also participated in this
deliberation. The City Attorney had submitted a report dated October 27
which set forth in chronological order the events and provisions of the
Government Code with relation to the filing of claims. Mr. Nixon will
submit a written account of events as he recalls them.
This item was continued from the regular meeting of November 4 in order
for Council to study the matter and have time to visit another shopping
center with such an electronic game center. Richard D. Bundy, Development
Manager for Santa Anita Consolidated, Inc., had submitted a proposal to
operate such a game room at Fashion Park. Council is to determine whether
or not the game center could be considered an "other use" in accordance
with Resolution No. 4185 and if the use would be compatible and appropriate
for a regional shopping center.
The majority of the Council had visited the Mall at Puente Hills and in
some instances had talked with adjacent business owners and/or operators
who advised they did not experience any problems of significance due to
11-18-75
- 3 -
UTILITY USERS
tAX REPORT
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s:
TRAFFIC
SIGNAL
MAINTENANCE
RESOLUTION
NO. 4534
ADOPTED
TRAFFIC
HAZARD
I
21:8908
the game room, however, some members of Council did notice problems in
management and control at the facility. It appeared to be a profitable
enterprise but Council concurred that the activity did not seem to be
appropriate for Fashion Park. Council submitted confidence in Mr. Bundy's
ability to manage and control the game room, but he might at some time in
future sell the business. Mr. Bundy said he would be willing to make it
a condition that if and when he should sell Council could have the final
word in the new management, however, the City Attorney advised that
legally this would not be acceptable. Reference was made to experience
of a local game room operator who had to move his activity out of a game
room into the bowling alley concourse due to too many problems for him
to control.
It was MOVED by Councilman Saelid, seconded by Councilman Helms and 1
carried on roll call vote as follows that Council determines that a game
room would be inappropriate for Fashion Park and could not be considered
an ':other use" pursuant to the provisions of Resolution No. 4185.
AYES:
NOES:
ABSENT:
Council Members Lauber, Saelid, Helms, Scott, Gilb
None
None
Pursuant to Council request staff prepared a,report on the utility users'
tax imposed by the City and the impact of the tax on the operating budget.
Covered by the report dated November 14 was the background, impact,
advantages and disadvantages, exemptions from the tax, relationship of
Utility Tax Revenue to other General Fund Revenues and Revenues and
Expenditures for the fiscal year 1976-77. The report concluded with the
recommendation that no changes be made in the present regulations relating
to the utility tax; that it has become a vital part of the General Fund
revenue and significant changes would have to be made were it reduced or
eliminated.
Council congratulated the Finance Director on the comprehensive report
and some discussion held on what services would have to be eliminated if
the utility tax were to be reduced. It was the consensus that this should
be considered at budget time.
Staff reported that the City's ongoing program of funding traffic signal
maintenance with County Gas Tax monies is renewable at this time for the
current fiscal year. The budget includes an allocation of $52,000 for
the maintenance, however, due to increased material and power costs, the
current year's request from County should be in the amount of $65,000.
Whereupon the City Attorney presented, explained the content and read
the title of Resolution No. 4534, entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARCADIA REQUESTING AN ALLOCATION OF COUNTY AID TO
CITIES FUNDS FOR THE MAINTENANCE OF TRAFFIC SIGNALS ON SELECT SYSTEM
STREETS."
It was MOVED by Councilman Saelid, seconded by Councilwoman Lauber and 1
carried on roll call vote as follows that' the reading of the full text
be waived and that same be ADOPTED.
AYES:
NOES:
ABSENT:
Council Members Lauber, Saelid, Helms, Scott, Gilb
None
None
Pursuant to Council's request staff submitted the results of a study of
intersection conditions and collision history at Santa Anita and Sierra
Madre. A recent tragic accident had brought this to Council's attention.
Various methods of improving the situation were explored, one of which was
the use of a flasher type of warning device far, a stop ahead. It was the
consensus that something should be done to effect an immediate improvement
11-18-75
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ADVERTISE
FOR BIDS
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TUNAS
MEDIAN STRIP
Landscaping
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FI I
STORAGE TENTS
(CHRISTMAS
TREES)
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1
ANNUAL CONGRESS
OF CITIES /
(VOTING
DELEGATFf)
FINANCIAL j
REPORT
(October)
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21:8909
and the Director of Public Works will install a "Stop Ahead" sign, enlarge
the existing "Stop Sign" and repaint the pavement signs. Landscaping
will also be trimmed. During this deliberation Mrs. Joseph Sciarra,
1900 Alta Oaks Drive, said that the Highland Oaks PTA would like some
type of reflectorized device installed. She expressed concern for the
safety of the children. Mrs. Sciarra will discuss a flasher type of
device with the PTA and obtain signatures from the neighbors in the
vicinity and bring back to Council.
Upon recommendation of staff it was MOVED by Councilwoman Lauber, seconded
by Councilman Helms and carried unanimously that the plans and speci-
fications for parkway and drainage improvement at Indiana Street and
Huntington Drive be approved and that the City Clerk be and she is
hereby AUTHORIZED to advertise for bids to be returned December 1.
Staff reported that with the exception of minor repairs and some clean
up the improvement of Las Tunas Drive has been completed and that it is
noW necessary to proceed with plans for landscaping the center median
between Baldwin and El Monte. It is the intent of the Director of
Public Works that his staff will do all the final design plan preparation
as well as specifications based on the recommendations and preliminary
plans and rough details to be provided by the Landscape Architect.
Staff recommended the architect who played a major roll in the development
of the project. Whereupon it was MOVED by Councilwoman Lauber, seconded
by Councilman Helms and carried on roll call vote as follows that
Lawrence Reed Moline be retained for this purpose at a cost not to
exceed $800. The monies to be appropriated from Unexpended State Gas
Ta" Funds.
AYES:
NOES:
ABSENT:
Council Members Lauber, Saelid, Helms, Scott, Gilb
None
None
Council received requests to erect tents for storage of Christmas Trees
from November 24 through December 24. It was MOVED by Councilman Helms,
seconded by Councilwoman Lauber and carried on roll call vote as follows
that permission be granted the following pursuant to all conditions
specified in a report dated November 14.
Better Gardens, n/e corner of Huntington Drive and Old Ranch Road;
C. Hawkins Co., n/w corner of First and Wheeler;
Boys and Girls Christian League, 220 E. Live Oak Avenue.
AYES:
NOES:
ABSENT:
Council Members Lauber, Saelid, Helms, Scott, Gilb
None
None
Pursuant to the Arcadia Municipal Code Section 6436.12 and 6220.13.1 it
was MOVED by Councilman Helms, seconded by Councilwoman Lauber and
carried on roll call vote as follows that the fee be WAIVED for the
Boys and Girls Christian League.
AYES:
NOES:
ABSENT:
Council Members Lauber, Saelid, Helms, Scott, Gilb
None
None
On MOTION by Councilman Saelid, seconded by Councilman Helms and carried
unanimously Councilman Scott was designated the Voting Delegate to the
Annual Congress of Cities to be held in Miami, Florida November 30 to
December 4. '
AYES:
NOES:
ABSENT:
Council Members Lauber, Saelid, Helms, Scott, Gilb
None
None
Council received and ordered FILED the financial report for October 1975.
11-18-75
- 5 -
ORDINANCE
NO. 1545
ADOPTED
I
ORDINANCE
NO. 1546
ADOPTED
I
ORDINANCE
NO. 1547
ADOPTED
/
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ORDINANCE
NO. 1532
INTRODUCED
/
21:8910
The City Attorney presented for the second time, explained the content
<lnd read the title of Ordinance No. 1545 entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ARCADIA ADDING SECTION 4122.2 TO THE ARCADIA
~NICIPAL CODE REQUIRING DISTEMPER AND HEPATITIS IMMUNIZATION BY
RETAILERS OF DOGS."
It was MOVED by Councilman Scott, seconded by Councilwoman Lauber and
carried on roll call vote as follows that the reading of the full text
be' waived and that same be ADOPTED.
AYES:
NOES:
ABSENT:
Council Members Lauber, Saelid, Helms, Scott, Gilb
None
None
1
The City Attorney presented for the second time, explained the content
and read the title of Ordinance No. 1546, entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ARCADIA PROHIBITING SMOKING IN DESIGNATED
AREAS."
MOTION by Councilman Helms, seconded by Councilwoman Lauber and carried
on roll call vote as follows that the reading of the full text of
Ordinance No. 1546 be WAIVED.
AYES:
NOES:
ABSENT:
Council Members Lauber, Saelid, Helms, Scott, Gilb
None
None
Council Helms further MOVED that Ordinance No. 1546 be ADOPTED. Motion
seconded by Councilman Saelid and carried on roll call vote as follows:
AYES:
NOES:
ABSENT:
Council Members Lauber,
Councilman Scott
None
Saelid, Helms, Gilb
The City Attorney presented for the second time, explained the content
and read the title of Ordinance No. 1547 entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ARCADIA AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ARCADIA AND THE BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES I RETIREMENT SYSTEM."
It was MOVED by Councilman Saelid, seconded by Councilwoman Lauber and
carried on roll call vote as follows that the reading of the full text
be waived and that same be ADOPTED.
AYES:
NOES:
ABSENT:
Council Members Lauber, Saelid, Helms, Scott, Gilb
None
None
The City Attorney presented for the first time, explained the content I
and read the title of Ordinance No. 1532, entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ARCADIA AMENDING DIVISION 7 OF ARTICLE VI,
CHAPTER 4, PART 3 DELETING THE SUNDAY CLOSING RULE FOR BARBER SHOPS AND
ADDING PATIO, GARAGE AND/OR BACK YARD SALE REQUIREMENTS."
It was MOVED by Councilman Saelid, seconded by Councilman Helms and
carried on roll call vote as follows that the reading of the full text
be waived and that same be INTRODUCED.
AYES:
NOES:
ABSENT:
Council Members Lauber, Saelid, Helms, Scott, Gilb
None
None
11-18-75
- 6 -
ORDINANCE
NO, 1549
INTRODUCED
'(
I ORDINANCE
NO. 1550
INTRODUCED
~
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CLAIM DENIED
(SCHIAVONE)
1
QUITCLAIM
,/
21:8911
The City Attorney presented for the first time, explained the content and
read the title of Ordinance No. 1549, entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE
BY DELETING SECTION 6220.19, GAMES, ARCADE, RESULTING IN AMUSEMENT GAMES
TO BE LICENSED INDIVIDUALLY."
It was MOVED by Councilman Scott, seconded by Councilman Saelid and
carried on roll call vote as follows that the reading of the full text
be waived and that same be INTRODUCED.
AYES:
NOES:
ABSENT:
Council Members Lauber, Saelid, Helms, Scott, Gilb
None
None
The City Attorney presented for the first time, explained the content
and read, the title of Ordinance No. 1550 entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 9262.4.3,
EXCLUDING NATURAL FLORAL AND PLANT DISPLAYS FROM THE SIGN DEFINITION."
Considerable discussion was held on this proposed ordinance. The Section
in question does not relate to water machine dispensers, however) .--
Council had acceded to the request of Ralphs' Markets that Council
reconsider the regulation pertaining to the removal of water machines
from in front of their stores in the City. Representatives of Ralphs
Stores referred to petitions with 500 signatures asking that the
machines remain. A communication was circulated among the Council
members outlining the advantages to the customers and to Ralphs. It
waS submitted that the kiddie rides will be removed from the outside of
their buildings but a request was made to retain the water machines.
Council discussed the legal aspects with the City Attorney. Inasmuch
as this particular equipment is not part of the ordinance before Council
at this time it was MOVED by Councilman Saelid, seconded by Councilman
Scott and carried on roll call vote as follows that the reading of the
full body of Ordinance No. 1550 be waived and that same be INTRODUCED.
AYES:
NOES:
ABSENT:
Council Members Lauber,
Councilman Helms
None
Saelid, Scott, Gilb
Some Council members felt the machines are a needed service for health
reasons and others were of the opinion that all businesses must be
treated equally pursuant to the law. Council will consider this at a
later date.
On recommendation of the City Attorney it was MOVED by Councilman Scott,
seconded by Councilman Helms and carried on roll call vote as follows
that the claim filed by John A. Schiavone for property damages be DENIED.
(See report dated November 14, 1975)
AYES:
NOES:
ABSENT:
Council Members Lauber, Saelid, Helms, Scott, Gilb
None
None
On recommendation of the City AttornEY it was MOVED by Councilman Saelid,
seconded by Councilwoman Lauber and carried on roll call vote as follows
that the City accept $45.97 in payment for the City's interest in a
transaction which goes back to 1932 and that a Quitclaim Deed be executed
to Angraco Industries, Inc., in form approved by the City Attorney.
(See report dated November 14, 1975).
AYES:
NOES:
ABSENT:
Council Members Lauber, Saelid, Helms, Scott, Gilb
None
None --
11-18-75
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WATER
DISPENSERS
(December 2)
(
SAELlD
SAELlD
SAELlD
SAELlD
GILB
EXECUTIVE
SESSION
RECONVENE
APPOINTMENTS
t/
v
ADJOURNMENT
21:8912
Reference was made again to this matter and it was MOVED by Mayor Gilb,
seconded by Councilwoman Lauber and carried unanimously that the City
Attorney prepare a report on some reasonable type of legislation which
would allow water dispensers and other similarly situated dispensers to
be allowed in the City and excluded from the regulation on outdoor
storage. This will come before Council for consideration on December 2.
Was advised that the Budget does not reflect an appropriation for soccer.
Was advised that the matter of an additional tennis court at Hugo Reid
will be on the agenda for December 2.
. in the J;ecent City's -"ewsletter. . 1
Referred to ~n art'c~/ concern,ng the us~ oftne u,al-a-r,de serv,ce for
transportation to and from the race track. He felt this was ill advised
and the program should not be promoted in this manner. That the service
was provided to aid residents financially and if a person could afford
to go to the races they could afford a taxi or other means of transpor-
tation.
Staff will investigate the report of considerable delay in transporting
a recent accident victim to the hospital. This occurred at Santa Anita
and Sierra Madre.
Referred to the claim filed by Jack Nixon and stated in part that it
appeared to him to be a liability on the part of the City even though
Mr. Nixon had not complied with the time limit due to some misunder-
standing or failure on the part of city staff to inform Mr. Nixon of the
statute of limitations. It was the consensus of Council that they would
like to help Mr. Nixon if they can legally do so. It was suggested that
if he files a verified statement under oath that he did in fact file
within the year his request to have his failure to make his first deadline
excused and if in that request he said he wanted to be excused and stated
reasons therefor, then Council would have something substantial to
consider. However, it was mentioned that Council should follow the City
Attorney's advice.
At 11:15 p.m. Council entered an executive session.
At 12:05 a.m. November 19.
On MOTION by Councilwoman Lauber, seconded by Councilman Scott and carried
unanimously Ben F. Smith, Jr., was appointed to the Recreation Commission.
This term will expire June 30, 1978 and is the unexpired term of Leonard
McKenzie, resigned.
On MOTION by Councilwoman Lauber, seconded by Councilman Saelid and
carried unanimously Rosemary Scott was named an ex officio member of the
Sister City Commission.
1
At 12:10 a.m. November 19 the meeting adjourned to December 2, 1975 at
7 p.m. in the Conference Room.
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Mayor
ATTEST:
~~~~~~
11-18-75
City Clerk
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