1991-10-01 Regular CC Minutes299
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA.
October 1, 1991
The meeting convened at 8:30 p.m., (following the meeting of the
Housing Authority Board of Commissioners) with President Withrow
presiding. The Pledge of Allegiance was led by Councilmember Lucas
and Reverend Doug Henderson gave the invocation.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas, Roth,
and President Withrow - 5.
Absent: None.
ANNOUNCEMENT OF CLOSED SESSION ACTION
President Withrow announced that at the Special Council Meeting held
at 6:30 p.m., Council adjourned to Closed Session to consider:
91-685 Labor Relations pursuant to Subsection (a) of Government Code
Section 54957.6 of the Brown Act. (Alameda Police Association,
International Association of Fire Fighters Local 689, and Alameda
City Employees Association.)
The Council received information from the Operating Engineer Local
Union #3, Local 689 of the International Association of Fire
Fighters, and the Alameda Police Association; in response to
Council's request that the employee associations voluntarily
withdraw/fall back on thirty percent of their pay increase for the
forthcoming year: the Operating Engineer Local Union #3 stated no,
they would not consider a discussion along that line; Local 689 of
the International Association of Fire Fighters said that, at this
time, they are not interested in reopening the labor agreement based
on their understanding of the City's current financial situation, and
they have requested, and will continue evaluating, what they view and
interpret the financial status of the City to be; the Alameda Police
Association stated, in the event the other employee organizations are
willing to entertain some type of economic readjustment, the Police
Association would also consider it. No action was taken in Closed
Session.
* * * * *
91-686 Ordinance No. N.S. "Amending Title II, Chapter 4,
Article 2, Sections 2-4210 and 2-4211 of the Alameda Municipal Code
pertaining to Departmental Organization of the Library Department and
Public Utilities Department."
Councilmember Camicia requested this agenda item be taken out of
order because he received calls from a number of persons who would
like the matter postponed; and moved to hold the matter over for a
month. Councilmember Lucas seconded the motion.
Councilman Arnerich suggested holding the matter to the November 19,
1991, Council Meeting as he may not be present on November 5, 1991.
The motion carried by following voice vote - 5.
October 1, 1991
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY.
91-687 Presentation of Certificate of Service to Thomas Brown, former
Member of the Civil Service Board.
Mayor Withrow noted Thomas Brown was not present to receive the
Certificate.
91-688 Proclamation declaring October 6 through 12, 1991, as PUBLIC
POWER WEEK.
Mayor Withrow read the Proclamation, and presented it to former Mayor
William McCall, President, Public Utilities Board.
Mr. McCall expressed his appreciation.
91-689 Proclamation declaring the month of October as ENDING HUNGER
MONTH in the City of Alameda.
Mayor Withrow read the proclamation which was received by Sharon
Greene, Kane & Associates, on behalf of the Alameda Board of
Realtors.
91-690 Proclamation declaring the week of October 6 through 12, 1991
as LOCAL CABLE PROGRAMMING WEEK in the City of Alameda.
Mayor Withrow read the proclamation and presented same to Ronda Cohn,
General Manager, United Artists; Bill Dodge, Manager, Local
Government Channel 3; and Rob Wonder, Cable Oversight Committee
Member/Secretary.
CONSENT CALENDAR
Councilmember Camicia moved approval of the Consent Calendar.
Councilmember Roth seconded the motion which was carried by unanimous
voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*91-691 Minutes of the Regular Council Meeting of September 17, 1991,
and the Special Council Meeting of September 17, 1991. Approved.
*91-692 Report from Chairperson, Solid Waste Management Recycling
Committee, to reduce the number of committee members from six to
five. Accepted.
*91-693 Report from Library Director recommending award of contract
to Dynix, Inc. for an automated circulation system and an online
public access catalog. Accepted.
*91-694 Report from Public Works Director recommending award of
contract to Redgwick Construction Company for Doolittle Drive
Widening Project, No. P.W. 6-90-10, and authorization of a Loan
Agreement with the City of Oakland for FAU Monies. Accepted.
*91-695 Report from Planning Director recommending City Council grant
a hearing for the Appeal of a Condition of Approval imposed by the
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301
Planning Board in approving Use Permit, UP-91-167, to demolish and
reconstruct a marina at 2415 Mariner Square Drive pursuant to Section
11-1101(c) of the Zoning Ordinance. Appellant: John Beery III.
Accepted.
*91-696 Resolution No. 12155. "Urging the Governor to Sign AB434
(Sher): Vehicle Registration Fees." Adopted.
*91-697 Resolution No. 12156. "Requesting U.S. Postal Service to
Provide a Traffic Access Lane with Drop Box for Alameda Citizens
Located in West Alameda." Adopted.
*91-698 Bills, certified by the City Manager to be correct, were
ratified in the amount of $2,601,482.44.
AGENDA ITEMS
91-699 Resolution No. 12157. "Resolution appointing Edward W.
Trevethan as a Member of the Golf Commission."
Councilmember Camicia moved adoption. Councilman Arnerich seconded
the motion which was carried by unanimous voice vote - 5.
The City Clerk administered the Oath of Office and presented the
Certificate of Appointment to Mr. Trevethan.
91-700 Resolution No. 12158. "Resolution appointing Gail
a Member of the Recreation Commission."
Councilman Arnerich moved adoption. Councilmember Camicia
the motion which was carried by unanimous voice vote - 5.
The City Clerk administered the Oath of Office and presented the
Certificate of Appointment to Mr. Wetzork.
91-701 Resolution No. 12159. "Resolution reappointing Toby Chavez
as a Member of the Recreation Commission."
Councilmember Lucas moved adoption. Councilmember Camicia
the motion which was carried by unanimous voice vote - 5.
The City Clerk administered the Oath of Office and presented the
Certificate of Appointment to Mr. Chavez.
91-702 Hearing on Appeal of Non-Renewal of Dance Permit for
Establishment located at 1544 Webster Street. (Johnny's Cocktail
Lounge)
President Withrow announced the Appeal; the City Attorney explained
the procedure of the Appeal; stated the hearing has been noticed in
the newspaper; the procedures of the hearing are set forth in [City
Attorney memorandum] Appendix B of the Police report; she will
represent the Police Department; the Council will act as the
adjudicatory body on the Appeal; a Court Reporter is present to take
down all statements; the administrative hearing process requires
that each speaker be considered a witness, and will be sworn [by the
Court Reporter] to speak and testify under penalty of perjury; each
Wetzork as
seconded
seconded
October 1, 1991
witness can be cross-examined by either party or by the City Council.
Marcia Cook (owner of Johnny's) and her attorney, Barry Murphy, took
their seats with the City Attorney to cross-examine.
The City Attorney called for any questions or objections to the
procedure as described, or set forth in Appendix B. [None were
raised.]
The City Attorney presented the City's case, noting the City has the
burden of proof, to prove by a preponderance of the evidence the
renewal of the police dance permit for Johnny's cocktail lounge would
be contrary to the moral welfare of the public or conducive to breach
of public peace or order, pursuant to Alameda Municipal Code Section
12-322; and stated the City's position is that the dance permit
should not be renewed and the City Council is requested to adopt the
findings and conclusions set forth in Appendix E of the Report on the
matter.
Sergeant James Taranto, was sworn in, noted he issues and monitors
permits, reviewed background of problems at Johnny's, referred to
page 2 of report which shows statistical analysis of Police
investigations related to Johnny's during a one-year period,
including attempted murder, robberies, assaults; and reviewed
statistics [Appendix D] reflecting the amount of hours of service of
police personnel required by Johnny's, for 57 percent of the time
that Johnny's is open; and compared same to the percentage of time
required by other dance/bar operations in Alameda, e.g., Hot Rod Cafe
- 4.8%, Patrick's - 1%, Croll's - 6.4%, etc.
Mr. Murphy questioned if the percentage of responses to some of the
other dance halls now increase by reason of the fact that Johnny's
has closed and the people go elsewhere.
Sgt. Taranto responded that is a possibility but the data collected
for comparison was for the one year period [9/1/90 to 8/31/91].
Councilman Arnerich confirmed with Sergeant Taranto that the
statistics covered only the time the bars were open for dancing, and
the establishments were all in the same category: bars with dancing.
Mr. Murphy questioned Sgt. Taranto regarding location of incidents.
Sgt. Joseph Dwyer was sworn in, and related cases in which he was
directly involved in 1990, as a patrol officer assigned to the West
End: an attempted murder case, assault with a deadly weapon and
battery.
Mr. Murphy stated he had no questions.
Officer James Brock was sworn in and testified regarding two cases:
1/3/91 armed robbery in front of Johnny's; 12:30 a.m., 1/4/91
argument in front of Johnny's (physical), and related persons leaving
Johnny's from 1:45 to 2:30 a.m.; when the bar closed people would
not dissipate without police presence, blocked traffic, accidents
occurred, pedestrians were struck, additional units were often
called.
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303
Councilmember Lucas inquired if similar occurrences were happening at
the Dragon Disco, to which Officer Brock replied there were not, and
three-fourths of his time during the walking patrol was spent in the
vicinity of Johnny's directly related to incidents at Johnny's.
Councilman Arnerich discussed the occupancy rate of Johnny's with
Officer Brock and Mrs. Cook, inquiring if Mrs. Cook has ever been
cited for being above the occupancy rate (299), to which Mrs. Cook
replied she has not.
Mr. Murphy inquired if Mrs. Cook has ever been above the 299
occupancy rate, to which Mrs. Cook replied she had not.
A brief discussion on the rate of occupancy and size of Johnny's
establishment, followed.
Sergeant Randall Beetle discussed four cases on which he had worked
as a patrol sergeant; cases occurred on 1/15/91, a riot, for which
he was called away from assisting the Fire Department with a large
arson fire; he called for other units to respond; eleven people
were arrested and two officers injured; the second incident occurred
on May 17, 1991; a battery case; an assault with a deadly weapon
case on July 19, 1991; and an attempted murder on August 30, 1991;
in three cases it was necessary to use all available manpower,
pulling them from other areas of the City for several hours.
Councilmember Lucas noted unfilled positions in the Police Department
and inquired if Sgt. Beetle believes the safety of the community is
threatened if it continues to be necessary to keep sending officers
to this site; to which Sgt. Beetle replied affirmatively.
The City Attorney requested the entire [Appeal] Agenda Item [Report]
be put into evidence and into the record at this time; and secondly,
the Chief of Police would like to make a brief statement.
The Chief of Police summarized the Police testimony; noted Council
has copies of all documentation; the officers have shown the high
volume and violent nature of the incidents associated with Johnny's;
pursuant to Alameda Municipal Code Section 12-322, the activity is
contrary to the moral welfare of the public and conducive to breach
of the public peace or order; Mrs. Cook, according to the
newspaper, has raised the notion that refusal to reissue the dance
permit is somehow motivated by race and that is not the case: Mrs.
Cook has not had a problem with the Police Department until over the
last year a number of high profile cases came to the attention of the
Police Department causing an analysis of incidents and activities;
and the motivation in not renewing the dance permit is the volume and
violent nature of the incidents; the Police Department is not
interested in offers by Mrs. Cook to compromise, because a
difference would not be made in the calls for service or violent
nature of the incidents; Mrs. Cook may maintain her establishment
as an on-sale liquor establishment; and he urged Council adopt the
Findings of Fact and Conclusions of Law set forth in Appendix E, and
support the Police Department's decision not to renew the dance
permit.
October 1, 1991
0
In response to Councilmember Roth's question regarding uniforms for
security guards in establishments with dance permits, Sgt. Taranto
responded with an explanation of requirements; and what action is
taken if establishments do not comply.
Councilmember Lucas inquired if Police Chief Shiells believes, with
reduced funds and officers, continued provision of police services at
Johnny's would be a problem to the Community.
The Police Chief replied there is no question in his mind that would
be the case, noting the establishment uses an inordinate amount of
police services.
Mr. Murphy, San Anselmo, Appellant's Attorney, stated he seeks a
compromise; the reason customers come to Johnny's is because Mrs.
Cook conducts a type of dancing attractive to customers who frequent
her business, and without dancing, she essentially has no business;
Mr. and Mrs. Cook are neighbors in San Anselmo and depend on this
business as their primary source of income; he proposed action to
take to allow continuance of the business; stated Mrs. Cook has
attempted a number of actions including increasing monitors,
instituting a dress code; and she proposes actions to take in the
future, e.g., convening a committee of bar owners to develop a
policy, informal telephone calls to the Police Department when
checking background to hire someone quickly, that she feels would be
helpful as opposed to shutting down; problems only became serious in
the past twelve months; she believes closing the parking lots may
have a beneficial affect; and would like to discuss with the police
some effective solutions to the problem.
Councilmember Lucas stated her concerns are the safety of the
community overall; even with improved proposals, a lot of police
cooperation and continuous work with the Police Department is being
requested which she believes goes beyond what other bars request, and
she [Lucas] does not believe Council can give Mrs. Cook any more
than what is being given anyone else, and take away from the safety
of the community; she and Mrs. Cook have been on committees to
improve Webster Street since 1983 and Mrs. Cook has been in business
ten years and is experienced in that location.
Councilmember Roth commented that Parking Lot W was once closed down
which drove people into residential areas, making the residential
areas worse; that was tried some years ago because neighbors were
upset with the crowds at Johnny's.
Councilman Arnerich discussed, with Mr. Murphy and Mrs. Cook, Mrs.
Cook's knowledge of incidents outside of Johnny's, discussion of
problems with the Police, and the hiring of security guards.
Raymond Thalloug, El Cerrito, stated he is proud of the way his
daughter [Marcia Cook] has handled the difficult business of
Johnny's; Mr. and Mrs. Cook invested a great deal of money and
have worked hard; if the dance permit is not renewed, the investment
will be lost; black people should be treated like other people;
there are not many places to dance; different things should be
provided for different people; doesn't believe the police are
overworked by going by Johnny's; and, [the idea of] not covering the
October 1, 1991
City, is absurd.
Ray Lloyd, stated he has been a bouncer at Johnny's for about two
years; went to Marcia when he was in the Navy; noted there are some
people who do make trouble but they are a small percentage.
Ricardo Means, Martinez, stated he was formerly Navy and resident of
Alameda; problems exist at most bars from time to time; the
approach should be to attempt to solve the problems, sterilization
will not solve social problems happening at Johnny's and other cities
around the Bay Area.
Carmen Chambers, San Leandro, stated one can only be responsible for
happenings inside a club; nonrenewal of Mrs. Cook's permit will not
alleviate problems because people will go to other clubs; Council
should, with Mrs. Cook, find options to control problems outside the
club as most problems are outside.
Mark Nelson, Oakland, disc jockey at Johnny's, stated most problems
start with people who buy liquor at the store, then stand outside;
Police come in, talk and smile, and their presence helps; but he
does not like, when crowds leave, that police are outside stopping
cars and almost everyone is black; but communicating is important,
and does help, as there are many military people and many civilians
and there will always be problems, especially when dealing with
alcohol and age difference.
Jackie Turner, Oakland, stated everyone needs to focus more on the
issue that young adults need a place to go, relax, dance and choose
where to go to listen to music; where there is liquor there will be
problems; taking away the dance permit will aggravate problems;
patrons will go to another club; instead of dealing with black or
white standpoint, should deal with what can be done to help problem.
Bonny Moore, Alameda stated Johnny's has been a sore spot in the
community a long time but this year became worse; she lives nearby
and the noise awakens people; crowds are huge, one night gangs were
present and a man had a gun; people were afraid to call Police;
many sailors came at one time, but not since last year; she has a
long record in the City for fighting racism and this has nothing to
do with racism; the reason Police were stopping cars was because of
traffic violations, e.g., speeding cars, going through red lights,
etc., Johnny's bar has impacted the community; the noise level is
atrocious; patrons are irresponsible; and urged Council close
Johnny's down.
* * * * *
Councilmember Roth moved extension of the meeting to 12 :00 o'clock.
Couincilman Arnerich seconded the motion which carried by unanimous
voice vote - 5.
* * * * *
Darryl Thompson, Alameda, bartender at Johnny's, stated he is
distressed about customers' conduct, but it is not because of amount
of liquor sold them; he is careful in serving; taking away the
dance permit will not make problems go away because patrons will go
elsewhere; hopes Council will restore dance permit; Johnny's is
asset in community at night for e.g., Taco Bell, Chevron Station,
etc.; and Council would put people [at Johnny's] out of work.
October 1, 1991
To Councilmember Lucas's request for the Chief of Police's comments
on proposals made by Mr. Murphy, the Chief stated the Police
Department is not interested in compromise at this point; the place
is a problem and some compromises expressed by Mr. Murphy will not
help and some would tie up police officer time in monitoring and
similar activities.
Councilmember Roth inquired if the Police Chief had met with Mrs.
Cook, to which the Chief stated he was involved in the Webster Street
Improvement Committee, and talked to Business Owners; Police
Department staff has talked with Mrs. Cook and Police are in the
establishment on a regular basis to show a police presence to try and
prevent problems.
Councilmember Camicia stated the most important thing he heard was
that when response is made to Johnny's, other parts of the community
are made vulnerable; there can be no other arguments; Council has
no other choice; Council's only option is, and he so moved, to
sustain the nonrenewal of the dance permit, and cite the Findings of
Fact in Appendix E; Council's responsibility is to make sure every
area of the town is protected, not just the area in front of
Johnny's. Councilmember Lucas seconded the motion.
President Withrow thanked Mr. Murphy and Mrs. Cook for coming forth
and making a broad based Appeal; stated the comments by Mr. Murphy
on Mrs. Cook's behalf were creative, with some well thought -out
strategies to modify or contain behavior; a number of comments were
made by persons who recognized that, given the kind of operation at
Johnny's a certain level of behavior must be tolerated; and he
cannot tolerate the behavior that has been occurring and has been
documented; even if the actions proposed [by Mr. Murphy] cut
behavior in half, there would still be five battery assaults, three
with a deadly weapon, etc.; he will not tolerate that behavior in
Alameda; the City cannot tolerate any establishment that requires
police to be present 57% of time and he does not believe nearby
cities will tolerate it; if people cannot behave themselves in a
fashion other than shooting people, Council must take drastic action,
not because people do not like individuals, but because the behavior
cannot be tolerated.
Councilmember Lucas agreed, stating Council cannot tolerate this kind
of crime in the City; noted other establishments do not have those
problems to the same degree; she hopes the workers [from Johnny's]
will find other jobs in Alameda, and that patrons will frequent other
places in Alameda; racial persecution is not a cause because other
businesses accept other races too, but Johnny's is not good for the
community.
Councilman Arnerich concurred with President Withrow's summation in
not tolerating [the behavior] and other cities should not tolerate it
either; many persons spoke in Mrs. Cook's behalf but he believes
Mrs. Cook had over a year to correct the problem of assaults,
attempted murders, theft, etc.; he was dismayed to read the packet
of police reports on incidents relating to Johnny's.
The motion was carried by unanimous voice vote - 5.
October 1, 1991
307
91-703 Report from President, Public Utilities Board, recommending
ratification of Bureau of Electricity purchase of electric power.
William Lewis, General Manager, Bureau of Electricity, stated the
Public Utilities Board recommends approval by motion of their action
to approve the contract between the Bureau of Electricity and the
Northern California Power Agency ENCPA] for a contract of power from
Washington Water Power Company in the State of Washington.
Councilmember Camicia moved acceptance of the report and
recommendation. Councilmember Roth seconded the motion which carried
by unanimous voice vote - 5.
91-704 Report from Chief of Police on crime in the City, and Police
Department staffing.
Al Wright, Alameda, Park Street Business Association, suggested
expansion of the Walk and Talk Program on Park Street, and an officer
assigned permanently to the Program on Park Street every day;
believes this public safety issue should take precedence over
delivering other less basic City services; the bottom line is
concern for public safety in shopping -listricts and requests Council
curb the increase in crime rat.
At the reques w:-.-hrow, the City Manager explained that
the Police D-4%al.talel.t vacancies occurred fairly recently; through
the Civil Service and Personnel process, those positions are in the
process of being filled and will be filled in about one and one-half
months.
President Withrow stated he wanted to make clear those six positions
were not the subject of the budget crunch and not held off because of
funding shortfall; the City does have a problem recruiting police
officers, and bringing in qualified applicants.
Mr. Wright stated the bottom line is reducing the crime rate and if
that can be done without increasing the Police Department's budget
that would be fine.
President Withrow agreed that is the bottom line; there are few
things for which he would vote for taxes, but that is one.
Councilmember Roth moved adoption of report. Councilman Arnerich
seconded the motion.
In reply to President Withrow's request for clarification if the
Chief of Police believes he has the wherewithal to address the rising
crime rate issue, the Chief stated positions are being filled as
quickly as possible; and a program is underway to relieve officers
of some routine calls and services so they may concentrate on crime
prevention and crime suppression, which can probably move forward
within a month; the same level of police service has been provided
and the Department considers the safety of the community to be
paramount.
Councilmember Roth stated he has noticed a marked improvement in
October 1, 1991
308
performance of Parking Enforcement Technicians; a much better
attitude is being exhibited toward the public.
Councilmember Camicia stated concern about gangs that exist, and
suggested Chief Shiells comment on what Supervisor Perata is trying
to put together.
Police Chief Shiells stated Supervisor Perata has called three
meetings thus far and his interest is the Police Activities League
(PAL) Program; and a School Resource Officer Program; the Community
is interested; he [Shiells] discussed the matter with Mayor Withrow
and the City Manager and perhaps next year, one or both programs can
be put into effect; believes the programs have a potential to curb
gang violence and potential conflict problems in school.
Councilman Arnerich inquired if the traffic area of Main Street and
Atlantic Avenue to the main gate at the Naval Air Station, is handled
by both the Alameda Police and the Naval Air Station security.
Police Chief Shiells replied [enforcement is] principally by Alameda
Police but NAS security also enforces the area, and that is
sanctioned by the City Police Department.
The motion carried by unanimous voice vote - 5.
91-705 Written Communication from John Scott Graham, Alameda,
regarding lead abatement.
Councilmember Camicia noted he has requested [the subject of] lead
abatement be placed on the next Council Meeting Agenda [October 15,
1991].
Mr. Graham reviewed his concerns about lead abatement and suggested
a City ordinance address the regulation of painting and repairing and
related liability issues.
Councilmember Lucas moved acceptance of the communication.
Councilmember Camicia seconded the motion which carried by unanimous
voice vote - 5.
NEW BUSINESS AND UNFINISHED BUSINESS
91-706 Status Report from City Attorney on Billboard Settlement
Agreement.
The City Attorney noted the report includes a copy of Modification to
Settlement Agreement which reflects Council's and the billboard
companies' agreement reached at the September 17, 1991 Council
Meeting; Agreement has been signed by the principals of each
company; and, she believes, protects the City, and will result in
the billboard removal.
Councilmember Lucas moved approval of the Modification to Settlement
Agreement. Councilmember Camicia seconded the motion.
Councilmember Roth thanked Steve Broder [Patrick Media] and George
Shinn [Gannett Outdoor] for their appearance at the last Regular
October 1, 1991
30Q
Council Meeting [September 17, 1991], as they came in good faith to
negotiate.
The motion was carried by unanimous voice vote - 5.
91-707 Report from City Manager on policy to name City Property.
(continued from 9/3/91 Council Meeting)
Councilmember Camicia moved recommendation. Councilmember Lucas
seconded the motion which was carried by unanimous voice vote - 5.
91-708 Appointment of a Member to the Finance Committee.
Councilman Arnerich appointed Stan Shane as Member of the Finance
Committee, to replace his appointment Vince Kelly who will be leaving
the area for several months.
91-709 Councilmember Camicia stated he does not want the City Council
to be involved in any labor negotiations during a General Municipal
Election, and requested the matter be agendized at a future Council
Meeting.
Councilmember Roth stated he would like staff to consider School
District negotiation procedures, e.g. public offers and Closed
Session negotiations.
91-710 Mayor Withrow stated he would like to see an agenda item
within a month or two, that would address the issue of the release of
information; what information is not releaseable; have it in a
public hearing so the public has a sense of those types of things
that are held in executive session and for what reason.
91-711 Vice Mayor Lucas suggested that the Mayor write a letter, on
behalf of the City Council, to Thrifty Jr. on Central Avenue
regarding the Children's Theater relocation issue; and that
consideration be given to other community groups utilizing the
building in cooperation with the Theater.
ADJOURNMENT
President Withrow adjourned the Meeting at 11:55 p.m.
Respectfully submitted,
Diane B. Felsch, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
October 1, 1991