7/8/2003 - Council Minutes - CC Minutes Reg Meeting
ADOPTED BY THE CITY COUNCIL ON JULY 22, 2003
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING July 8,2003
The City Council of the City of Orange, California convened on July 8, 2003 at 4:30 p.m. in a
Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California.
4:30 P.M. SESSION
1. OPENING
1.1 INVOCATION
Given by Pastor Mason Okubo, St. John's Lutheran Church
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilmember Coontz
1.3 ROLL CALL
PRESENT - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
1.4 PRESENTATlONS/ ANNOUNCEMENTS/ INTRODUCTIONS
Resolution No. 9751 was presented to Mel Perreira, Department of Public Works, Water
Division, commending him for over 36 years ofloyal and dedicated service.
Resolution No. 9761 was presented to Helen Bell, Finance Director, commending her for
more than seven years ofloyal and dedicated service.
Proclamation recognizing Recreation and Parks Month, July, 2003 and National Aquatics
Week, July 13 through 19,2003 was presented to Community Service Leaders Amanda
Marrujo, Luis Marquez, Stephanie Herrick and Carmen Perez.
Proclamation was presented to Sue Gardiner honoring her for 32 years as a teacher, coach
and administrator for the Orange Unified School District.
2. PUBLIC COMMENTS - None.
3. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion
approving the recommended action listed on the Agenda. Any member of the City
Council, staff or the public may request an item be removed from the Consent Calendar
for discussion or separate action. Unless otherwise specified in the request to remove an
item from the Consent Calendar, all items removed shall be considered immediately
following action on the remaining items on the Consent Calendar.
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CITY COUNCIL MINUTES
July 8, 2003
3. CONSENT CALENDAR (Continued)
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of July 8, 2003 at Orange Civic Center City Clerk's
Office, uorth facing kiosk, Main Library at 101 N. Center Street, Police facility at
1107 North Batavia, Shaffer Park and available on the City's Website
www.cityoforange.org; all of said locations being in the City of Orange and freely
accessible to members of the public at least 72 hours before commencement of said
regular meeting.
ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a
public record in the Office of the City Clerk.
3.2 Request Council Confirmation of warrant registers dated June 19, 26, 2003.
ACTION: Approved.
3.3 Request approval of City Council Minutes, Regular Meeting June 24, 2003.
ACTION: Approved, as corrected.
3.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
AGREEMENTS
(REMOVED AND HEARD SEPARATELY)
3.5 Award of RFP No. 023-39 to ACM Systems, Inc. for preventive maintenance and
repair services of heating, ventilation and air conditioning equipment. (A2IOO.0
AGR-4322)
SUMMARY: The City contracted with ACM Systems, Inc. during Fiscal Year 2002-
2003 for maintenance and repairs of heating, ventilation and air conditioning (HV AC)
equipment located at various City facilities. RFP No. 023-39 for HV AC preventive
maintenance and repair services for Fiscal Year 2003-2004 was issued, and ACM
Systems was determined to be the lowest responsible bidder.
Discussion
Councilmember Coontz asked for more clarification on this contract, as there was a major
renovation to the air conditioning system just a few years ago.
Harry Thomas, Public Works Director, reported this contract is for routine preventive
maintenance; and although there are always some problems with flat roofs and there have
been repairs done over the years, there are no specific problems at this time.
Councilmember Coontz pointed out the problems with flat roofs and wanted to ensure
that if a new City Hall were built in the future, that it did not have a flat roof.
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CITY COUNCIL MINUTES
July 8, 2003
3. CONSENT CALENDAR (Continued)
Mayor pro tern Cavecche pointed out this contract includes 31 locations city wide.
MOTION - Coontz
SECOND - Ambriz
A YES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
ACTION: 1) Awarded RFP No. 023-39 to the low bidder, ACM Systems, Inc., 451 W.
Lambert Road, Brea, CA 92821. 2) Approve Contract Agreement with ACM Systems,
Inc. in an amount not to exceed $70,000 and authorized Mayor and City Clerk to execute
on behalf of City.
FISCAL IMPACT: Funds are available in the following accounts:
100-5028-424201 $23,546 (Maintenance Contract - Heating/Air Conditioning)
100-5028-424101 $119,000 (Repairs to Buildings and Fixed Equipment)
APPROPRlA nONS
3.6 Purchase of equipment to outfit three 2003 Ford Expeditions on a sole source basis.
(C2500.K)
SUMMARY: The Police Department has upgraded its Supervisor vehicles from the Ford
Crown Victoria model to the Expedition. Additional equipment is necessary to complete
the upgrade and the vehicle replacement budget will not fund the purchase in its entirety.
The change from the Crown Victoria to the Expedition will provide the Sergeants a
vehicle that is more suitable for command and control situations.
ACTION: Authorized purchase of equipment from Pursuit Technology, Inc. on a sole
source basis in the amount of$38,821; and appropriated $19,765 of Sate Asset Forfeiture
funds to Account 356-4021-471301 (Equipment and Machinery Additions)
FISCAL IMPACT: Unreserved fund balance is available in the State Asset Forfeiture
account to fund this appropriation. There is also $19,056 available in the Fleet Services
budget (720-5023-472102) for these vehicle equipment purchases.
BIDS
3.7 Bid No. 034-05, Transportation Congestion Relief Funds Program (TCRF) SP-3424:
Approval of Plans and Specifications and authorization to advertise for bids.
(S4000.S.7)
SUMMARY: Plans and specifications have been completed for the rehabilitation and
reconstruction of miscellaneous city streets under the Transportation Congestion Relief
Funds Program. The project is ready to be advertised. The estimated construction cost is
$220,000.
The Transportation Congestion Relief Program was established in 2000 by the State of
California for assistance to Local Agencies for street maintenance and reconstruction.
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CITY COUNCIL MINUTES
July 8, 2003
3. CONSENT CALENDAR (Continued)
Funds are transferred to the Agencies on a quarterly basis, and must be expended within
one year of receipt. Current revenue under this program from the State is $300,000
annually.
ACTION: Approved plans and specifications and authorized advertising for the FY
2002/2003 TCRF Rehabilitation and Reconstruction Project.
FISCAL IMPACT: Funds for this program have been received from the State and are
budgeted in the Capital Improvement Program and are available in the following
accounts:
340-5011-483300-3119
262-5021-483300-3120
$94,000
$700,000
TCRF (Traffic Congestion Relief Fund)
Measure M Turnback
BUDGET TRANSFERS
(REMOVED AND HEARD SEPARATELY)
3.8 Emergency Operations Budget Transfer from the Fire Department to the Police
Department. (C2500.K)
SUMMARY: The responsibilities of emergency services/disaster preparedness have
been transferred from the Fire to the Police Department. In accordance, the Fire
Department has agreed to the transfer of part of their FY 03-04 operating budget to cover
some costs associated with these duties.
Discussion
Councilmember Coontz asked for an explanation of why emergency operations is being
transferred to the Police Department.
The Police Chief reported a Sergeant in the Police Department is now responsible for
emergency operations and homeland security on a full time basis; whereas in the Fire
Department, these duties were handled on a part time basis with existing personnel.
MOTION - Coontz
SECOND - Cavecche
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
ACTION: Approved the transfer of FY 03-04 funds from the Fire Department to the
Police Department as follows: 1) $2,000 from 100-3081-426701 (printing and binding) to
100-4001-426701 (printing and binding); 2) $700 from 100-3081-429400 (local training)
to 100-4001-429400 (local training); and 3) $6,000 from 100-3081-441600 (misc.
materials and supplies) to 100-4001-441600-(misc. materials and supplies)
FISCAL IMPACT: There will not be any fiscal impact as funds are available in the FY
2003-04 Fire Department budget for this inter-departmental transfer.
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July 8, 2003
3. CONSENT CALENDAR (Continued)
3.9 CLAIMS (C3200.0)
SUMMARY: The following claim(s) have been received and investigated by the City
Attorney's Office and/or the Risk Manager. After a thorough investigation with the
involved departments, it is the recommendation of the City Attorney's Office that the
claim( s) be denied.
a. Sheida Khazaii- Tabari
b. Parivash Hafezizadeh
c. Marietta Shiqekawa
d. Veronica Wallace
e. Daniel Fait
f. Sergio Stone
g. State Farm subrogee of Sergio Stone
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster
CONTRACTS
3.10 Final Acceptance of Bid No. 023-24; 0-137 - Sacramento Street Storm Drain
Improvements and authorization to file Notice of Completion with the County
Recorder (No staff report required).
SUMMARY: Bid No. 023-24; D-137 - Sacramento Street Storm Drain Improvements.
Contractor: Paulus Engineering, Inc. Staff recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Great American
Insurance Company of Ohio, Bond No. 5443739 in the amount of $104,220.00, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMPACT: None.
3.11 Final Acceptance of Bid No. 023-13; 0-141 - Collins Avenue Storm Drain
Improvements and authorization to file Notice of Completion with the County
Recorder (No staff report required).
SUMMARY: Bid No. 023-13; D-141 - Collins Avenue Storm Drain Improvements.
Contractor: Paulus Engineering, Inc. Staff recommends acceptance of improvements.
ACTION: Accepted public work improvement, authorized release of Great American
Insurance Company of Ohio, Bond No. 5443706 in the amount of $357,320.00, and
authorized the Mayor and City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None.
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July 8, 2003
3. CONSENT CALENDAR (Continued)
3.12 Final Acceptance of Bid No. 023-30. Tot-lot Equipment Replacement for
Eisenhower, Olive and Shaffer Parks. (No staff renort required)
SUMMARY: Bid No. 023-30. Tot-lot Equipment Replacement for Eisenhower, Olive
and Shaffer Parks was completed and accepted by the City Council of the City of Orange
on June 27, 2003.
ACTION: Accepted Notice of Completion and authorized release of Fidelity and Deposit
Company of Maryland, Bond 08623245 in the amount of $269,920 and authorized the
Mayor and the City Clerk to execute the Notice of Completion.
FISCAL IMP ACT: None
3.13 Contract Change Order No. I and final; Bid No. 023-13; Project No. D-I4I, Collins
Avenue Storm Drain Improvements Project. (A2IOO.0 AGR-4I85)
SUMMARY: Contract Change Order No.1 authorizes payment for extra work at agreed
prices. The total amount of Contract Change Order No.1 is $57,477.91
ACTION: 1) Appropriated $27,237.00 to account number 530-5011-483400-5333
(Collins Avenue Storm Drain Improvements) for the Pacific Bell utility extra work, and
amended revenue budget for account number 530-5011-292700-5333 for anticipated
execution of the Reimbursement Agreement. 2) Transferred $10,000.00 from account
number 310-9645-491300-1070 (CDBG Contingency Account) to 310-9645-483400-
5333 (Collins Avenue Storm Drain Improvements) for the shortfall of contingencies and
engineering costs. 3) Approved Contract Change Order No. 1 in the amount of
$57,477.91 to Paulus Engineering, Inc. for the extra work.
FISCAL IMP ACT: Funds are budgeted, and will be available upon appropriation in the
following accounts:
310-9645-483400-5333
530-5011-483400-5333
$27,237
Community Dev. Block Grant (CDBG)
Collins Ave. Storm Drain Improvements
Drainage Districts
Collins Ave. Storm Drain Improvements
$43,000
DONATIONS
3.14 Donation of computer equipment to the Police Department's Investigative Services
Division. (C2500.K)
SUMMARY: The National Center for Missing and Exploited Children (NCMEC) is
donating a Dell Pentium 4 small business computer, 17 inch monitor, HP SJ 5300Cxi
flatbed scanner, HP DJ 940C printer, and a computer desk to the Department.
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CITY COUNCIL MINUTES
July 8, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Accepted the donation of the Dell Pentium 4 small business computer, 17 inch
monitor, HP SJ 5300Cxi flatbed scanner, HP DJ 940C printer, and a computer desk from
NCMEC for use in the Investigative Services Division. NOTE: Mayor Murphy
abstained on this item due to a business conflict.
FISCAL IMPACT: There will be no impact to the General Fund.
FEE WAIVER
(REMOVED AND HEARD SEPARATELY)
3.15 Fee Waiver for Park Rental at Killefer Park (C2500.M.4.8)
SUMMARY: The City is required to charge a rental fee to persons or groups utilizing its
facilities. Household of Faith Family Church is requesting the use of Killefer Park on
July 26,2003 from 8:00 a.m. to 6:00 p.m. for their annual Unity in the Community event.
Household of Faith Family Church is requesting that the $410 fee be waived, along with
the $500 deposit fee.
Discussion
Councilmember Ambriz asked for more information on this event.
Pastor Orlando Barela, Household of Faith Church, reported this is the 10th anniversary of
this event which is a community-wide event and helps give back to the community. He
invited everyone to attend.
Councilmember Ambriz noted there is a need at Killefer Park for bathroom facilities and
a drinking fountain and asked staffto look into this.
MOTION - Ambriz
SECOND - Coontz
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
ACTION: Approved the fee and deposit waiver in the amount of$410 and $500 for use
of Killefer Park by Household of Faith Family Church.
FISCAL IMPACT: The waiver of the rental fees for the use of Killefer Park would result
in the loss of revenue in the amount of$410.
REPORTS
3.16 Update to the City of Orange's existing Employee Flexible Benefit Plan document
(C2500.J.4)
SUMMARY: The City of Orange's Employee Flexible Benefit Plan document has been
updated to comply with recent changes in Federal law governing these types of plans.
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CITY COUNCIL MINUTES
July 8, 2003
3. CONSENT CALENDAR (Continued)
ACTION: Approved the City of Orange's amended Employee Flexible Benefit Plan
document.
FISCAL IMPACT: There is no fiscal impact to the City's budget.
3.17 Amendment No. I to the City of Orange Americans with Disabilities Act Transition
Plan dated September, 1993. (ORI800.0.27.11)
SUMMARY: Amendment No. I modifies Phase ill of the Transition Plan to add Access
Ramp modifications as required by the California Department of Transportation and the
Federal Highway Administration.
ACTION: Approved Amendment No. I, adding modifications of access ramps as
required by the Department of Justice and the United States Access Board, to the City of
Orange Americans with Disabilities Act Transition Plan, dated September 23, 1993.
FISCAL IMP ACT: No immediate impact to the budget at this time. Long term costs are
indicated on Amendment No.1.
RESOLUTIONS
3.18 RESOLUTION NO. 9748 (C2500.N)
A Resolution of the City Council of the City Orange authorizing the Department of
Community Services to receive State and Department of Justice Summary Criminal
History information for volunteers, contract employees and independent contractors.
ACTION: Approved.
3.19 RESOLUTION NO. 9753 (ORI800.0.I9)
A Resolution of the City Council of the City of Orange expressing appreciation to
Richard Yarger, Chairman of the City Traffic Commission, for twenty-five years of
dedicated service to the City of Orange.
ACTION: Approved.
3.20 RESOLUTION NO. 9759 ((S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing Shaffer Street
from Chapman Avenue to Almond Avenue from 4:00 P.M. to 10:00 P.M. Friday,
October 24,2003, and from II :00 A.M. to 10:00 P.M. on Saturday, October 25,2003, for
a special event at St. John's Lutheran Church.
Note: A request was received to withdraw this item from the Agenda.
ACTION: Withdrawn from the Agenda.
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CITY COUNCIL MINUTES
July 8,2003
3. CONSENT CALENDAR (Continued)
3.21 RESOLUTION NO. 9760 (C2500.G.2.I)
A Resolution of the City Council of the City of Orange expressing appreciation to Ken
Romero of the Planning Commission for his eight years of dedicated service.
ACTION: Approved.
MOTION - Coontz
SECOND - Cavecche
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Item 3.3 was approved as corrected; Item 3.20 was withdrawn from the Agenda; Items
3.5, 3.8 and 3.15 were removed and heard separately and Mayor Murphy abstained on
Item 3.14 due to a business conflict. All other items on the Consent Calendar were
approved as recommended.
END OF CONSENT CALENDAR
********
4. REPORTS FROM MAYOR MURPHY - None.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7.
ADMINISTRATIVE REPORTS
TAPE 1030
7.1 Report by Library Services Director Nora Jacob on award of Consultant Services
Agreement to LPA, Inc., for design and construction support services for the Main Library
expansion, for an amount not to exceed $1,195,881. (A2100.0 AGR-4323)
SUMMARY: This agreement authorizes the design consulting firm of LPA, Inc. of Irvine to
prepare plans, specifications, and cost estimate, and to provide construction support services, for
Orange's Main Library expansion project, at a cost not to exceed $1,195,881.
Nora Jacobs, Library Director, reviewed the proposal. Staff is recommending LPA partly
because LP A is significantly familiar with the project, they did the original conceptual design,
they assisted with the Library Bond Act application, they have proposed phasing the expansion
to allow as much public use as possible along the way, they have notable experience in Library
design, most of their services are done in-house, and they have a history of cost containment for
contracts. The contract is also less than the $1.6 million allocated for architectural services.
Mayor pro tern Cavecche asked for clarification on the work being done in-house, as the
engineering work outlined in the proposal appears to be subcontracted.
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CITY COUNCIL MINUTES
July 8,2003
7. ADMINISTRATIVE REPORTS (Continued)
Jim Wirick, LP A, Inc. clarified that work such as interior design, furnishings and signage are
done in-house, but technical engineers are subcontracted.
Mayor pro tern Cavecche stated LP A does have a great reputation and great technical expertise
and was originally concerned that the City needed a firm that had more experience with
historical buildings and construction in a historical district, but wasn't sure that there was such a
firm that had both historical experience and great technical expertise. Mayor pro tern Cavecche
commented that she personally viewed this library expansion as one of the highlights of her
career as a Councilmember; and would support LPA because of their expertise and background,
but stressed that LP A needed to understand the importance of this building. She will be
watching all the fine details and looking at it carefully from a historical perspective.
Councilmember Coontz stated she was familiar with working on historical buildings; and the
City has had other consultants whose main focus was historical concepts, but they did not have
the background of LP A. She appreciated that most of the work would be done in-house, and
pointed out there will probably need to be some refinements to the design along the way.
Councilmember Ambriz commended staff who worked on this project. He was familiar with
many of the LPA projects throughout the County, and supported LPA for this project.
Mayor Murphy stressed the importance of having a building that is timeless and a focal point in
the community.
MOTION - Murphy
SECOND - Cavecche
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
ACTION: Approved an agreement between the City and LPA, Inc., for an amount not to exceed
$1,195,881 and authorized the Mayor and City Clerk to execute on behalf of the City.
FISCAL IMP ACT: Funding for the Main Library expansion was approved in December 2002
when the City accepted a $9,127,700 award of State Library Bond Act grant money toward this
$16.6 million project. In the project budget, funds totaling $1,661,376 are specified for
architectural and engineering services, cost estimation, and interior design - e.g., all the services
covered by LPA's proposal. Funds are budgeted and available in the following accounts [Main
Library Expansion]:
. 500-2001-481200-9901
. 552-2001-481200-9901
$2,290,840.60 (Capital Projects)
$ 658,294.00 (Grant & Donations)
7.2 Report by Linda Boone, Economic Development Director, on the Consultant
Services Agreement with Wallrich Landi Integrated Marketing Communications. (A2100.0
AGR-40I8.A)
SUMMARY: Consultant Services Agreement with Wallrich Landi Integrated Marketing
Communications to design, oversee printing, and coordinate delivery of the Fall 2003, Winter,
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CITY COUNCIL MINUTES
July 8, 2003
7. ADMINISTRATIVE REPORTS (Continued)
Spring and Summer 2004 issues of the Orange Progress City Newsletter/Community Services
Brochure.
(See ORA Minutes Item No. 7.1)
Linda Boone, Economic Development Director, reviewed the history of the Orange Progress and
how it has evolved. It is an important communication tool for the citizens of Orange and also
serves as a communication tool for Waste Management Company. In response to questions by
Councilmember Coontz, she reported the contract amount covers graphic needs, design, layout,
illustrations, coordination of the publication and delivery to the Post Office. The publication
does not get delivered to businesses.
Councilmember Coontz stated the Orange Progress is an excellent publication and is much better
than what the City used to have.
Councilmember Ambriz asked if the contract amount covers postage; asked about
advertisements and expressed concern that this item was before the Council after the contract
start time of July I st.
Tara Finnigan, Business and Public Affairs Manager, reported this contract amount does not
cover postage, which is approximately $6,000 per issue. She reported the company the City was
using for advertisements is no longer in business and this publication seems to be more credible
without the ads; and if advertisements were to be included again, it would require hiring
someone to coordinate that.
Councilmember Coontz pointed out the advertisements were sometimes taking up too many
pages, were becoming too competitive and there was a first amendment issue for advertisements.
Mayor Murphy stated this contact is money well spent as it provides a good communication tool
to the community, is a good quality publication; and also supported having one company
coordinate every aspect of it.
Councilmember Ambriz asked how much more it would cost to send this publication to
businesses in Orange.
Ms. Boone stated there are 8,000 business in Orange and she would get an estimate for mailing
the Progress to them and provide that information to the Council.
MOTION - Coontz
SECOND - Ambriz
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
ACTION: Approved Consultant Services Agreement between the City of Orange, the Orange
Redevelopment Agency and Wallrich Landi Integrated Marketing Communications in an amount
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July 8,2003
7. ADMINISTRATIVE REPORTS (Continued)
not to exceed $100,740 and authorized the Mayor to execute, and the City Clerk to attest, the
Agreement on behalf of the City; and direct staff to provide information on mailing the Orange
Progress to businesses.
FISCAL IMP ACT: Sufficient funding has been budgeted through the following sources:
General Fund: $53,000 (this amount includes a $40,000 contribution from Waste Management)
100-0201-426600-7009 (City Manager's Office-Publicity & Advertising-Orange Progress)
Redevelopment Agency: $47,740 940-9800-426600 (Merged and Amended Project Area-
Publicity & Advertising-Orange Progress)
8.
REPORTS FROM CITY MANAGER
TAPE 1785
8.1 Request to Carryover Certain Fiscal Year 2002-03 Appropriations to Fiscal Year
2003-04. (C2500.J.l.l)
SUMMARY: Carryover appropriations are necessary for projects that were budgeted in FY
2002-03 but not initiated during the fiscal year. Therefore, the funds for these projects must be
carried over into the new fiscal year of FY 2003-04 to facilitate completion of these projects and
workplans.
John Sibley, Assistant City Manager, reviewed the report. In response to questions by
Councilmember Coontz, he reported these carryover items are mostly capital items, but there are
a mix of items
Councilmember Coontz stated it is helpful to see these items outlined in a line item budget.
MOTION - Cavecche
SECOND - Murphy
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
ACTION: Approved the carryover appropriations.
FISCAL IMPACT: Adequate funds have been appropriated and reserved in the Fiscal Year
2002-03 budget and are available to be carried over into the FY 2003-04 budget.
9. LEGAL AFFAIRS - None.
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
II. RECESS TO CLOSED SESSION
The City Council recessed at 6:48 p.m. to a Closed Session for the following purposes:
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July 8,2003
11. RECESS TO CLOSED SESSION (Continued)
a. Conference with Real Property Negotiators pursuant to Government Code Section 54956.8
Note: This item was not discussed.
I) Property: 124-145 and 164-180 S. Water Street, Orange, CA
Agency Negotiator: Linda Boone
Negotiation Parties: City of Orange, Orange Redevelopment Agency and Orange County
Fire Authority
Under Negotiation: Price and terms of payment
2) Property: Various segments of Tustin Branch Trail
City Negotiator: David Rudat, Gary Wann, Harry Thomas
Negotiating Parties: City of Orange and Union Pacific Railroad
Under Negotiation: Price and terms of payment, if any
b. Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section
54956.9(a):
I) Terra-Cal Construction, Inc. v. City of Orange, Orange County Superior Court Case No.
02CC11738.
c. To consider and take possible action upon such other matters as are orally announced by the
City Attorney, City Manager, or City Council prior to such recess unless the motion to recess
indicates any of the matters will not be considered in Closed Session.
7:00 P.M. SESSION
12.
PUBLIC COMMENTS
TAPE 4530
Gerardo Rodriguez, 486 N. Olive, spoke on the Chapman University EIR and the problem with
excessive traffic growth for the area.
Aguie Morales, 392 N. Lemon, Orange Barrio Preservation Society, spoke on the Chapman
University EIR and the separation of the northwest quadrant from the other quadrants; and
submitted his written comments to the City Clerk.
Arlen Craig, address on file, spoke on the Quinton Budlong Study in 1972 and the need for open
space requirements.
Rick Cryder, address on file, asked that Yorba Park be opened and the dog park issue be
agendized.
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July 8,2003
13. PUBLIC HEARINGS
13.1 LANDSCAPE MAINTENANCE DISTRICT 82-1, LEVY OF ANNUAL
ASSESSMENTS, CITY OF ORANGE (SHADOW RIDGE): (Ll200.0 LMD-82-I)
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No. 82-1, which is located westerly of Meats
Avenue in the vicinity of Marywood and Shadow Ridge Streets, Tract 10486.
The City Clerk announced that notice was given in the manner and form as required by law and a
Certificate of Compliance is on file and open for public inspection.
The Public Works Director reported the proposed assessments of $483 per year for Lots I
through 10 and $105 per year for Lots II thru 56 are the same amounts as last year.
No protests had been received.
MAYOR MURPHY OPENED THE PUBLIC HEARING
There were no speakers.
Council Action:
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved to close the public hearing.
RESOLUTION NO. 9756
A Resolution of the City Council of the City of Orange confirming the diagram and assessment
and providing for the levy of the annual assessment for Special Maintenance District 82-1.
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved to adopt Resolution No. 9756.
13.2 LANDSCAPE MAINTENANCE DISTRICT 86-2, LEVY OF ANNUAL
ASSESSMENTS, CITY OF ORANGE (SANTIAGO HILLS) (Ll200.0 LMD-86-2)
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No. 86-2, which is located within the Upper
Peters Canyon Specific Plan Area (Santiago Hills)
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CITY COUNCIL MINUTES
July 8,2003
13. PUBLIC HEARINGS (Continued)
The City Clerk announced that notice was given in the manner and form as required by law and a
Certificate of Compliance is on file and open for public inspection.
The Public Works Director reported the proposed assessments of $300 for a single family
detached unit and $180 for a single family attached unit are the same amounts as last year.
No protests had been received.
MAYOR MURPHY OPENED THE PUBLIC HEARING
There were no speakers.
Council Action:
MOTION - Murphy
SECOND - Cavecche
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved to close the public hearing.
RESOLUTION NO. 9757
A Resolution of the City Council of the City of Orange confirming the diagram and assessment
and providing for the levy of the annual assessment for Special Maintenance District 86-2.
MOTION - Cavecche
SECOND - Coontz
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved to adopt Resolution No. 9757.
13.3 LANDSCAPE MAINTENANCE DISTRICT 94-1, LEVY OF ANNUAL
ASSESSMENTS, CITY OF ORANGE (SYCAMORE CROSSING): (Ll200.0 LMD-94-I)
Time set for public hearing on the levy of annual assessments for costs of maintenance and
improvements for Landscape Maintenance District No. 94-1, which is located in the Sycamore
Crossing Tract.
The City Clerk announced that notice was given in the manner and form as required by law and a
Certificate of Compliance is on file and open for public inspection.
The Public Works Director reported the proposed assessments are being reduced 42.9% from last
year. The 124 units in the interior of the tract will pay $100 per year. The 36 units adjacent to
PAGE 15
CITY COUNCIL MINUTES
July 8, 2003
13. PUBLIC HEARINGS (Continued)
the landscape improvement will pay $102 per year and the senior citizens housing site will pay
$204 per year. The two lots owned by the City are no longer exempt and will pay $40 and $20
per year.
No protests had been received.
Councilmember Coontz asked about the maintenance on the City owned parcels.
Harry Thomas, Public Works Director, reported the assessments do not pay for the maintenance
of the City owned parcels - they are maintained out of the General Fund. The assessments pay
for only the areas that are within the District.
Mayor pro tern Cavecche asked how it was determined that the senior citizens site is equivalent
to two parcels and asked what happens to the reserve fund once the trail is completed and the
district is eliminated.
Mr. Thomas reported the amount for the senior citizens site is determined based on the limited
benefit that facility receives, such as landscaping improvements. He also reported that once the
trail is complete, it is expected that the District would not go away. There would still be
improvements that benefit the adjacent properties that would be funded and the assessments
would be reduced.
MAYOR MURPHY OPENED THE PUBLIC HEARING
There were no speakers.
Council Action:
MOTION - Murphy
SECOND - Coontz
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved to close the public hearing.
RESOLUTION NO. 9758
A Resolution of the City Council of the City of Orange confirming the diagram and assessment
and providing for the levy of the annual assessment for Special Maintenance District 94-1.
MOTION - Cavecche
SECOND - Ambriz
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved to adopt Resolution No. 9758.
PAGE 16
CITY COUNCIL MINUTES
July 8,2003
14.
PLANNING AND ENVIRONMENT
TAPE 5550
14.1 Report from Harry Thomas, Puhlic Works Director - Project No. S.P. 3448: East
Chapman Avenue Noise Study - Cannon Street to Newport Boulevard. (S4000.S.3)
SUMMARY: At the direction of the City Council, the Public Works Department has performed
a traffic noise measurement study of residential properties along Chapman Avenue from Cannon
Street to Newport Boulevard. The study was performed in three segments, each having distinctly
different terrain, and identifies causes of noise, characteristics of noise, effectiveness of noise
attenuation, and areas of potential noise attenuation.
Harry Thomas, Public Works Director, briefly reviewed the report, stating the purpose of the
study was to assess the existing noise conditions and projected future noise levels for projected
traffic volumes on Chapman. Vehicle projections included 30,000, 40,000 and 44,000 trips per
day. There were 53 monitoring stations along three segments of Chapman. Some existing
deficiencies were found with respect to noise standards that are within the City's General Plan
that was adopted in 1989.
Mr. Bob Mante, Alliance Acoustical, distributed a presentation to the Council. The purpose of
the study was to assess existing and future noise scenarios under three premises of traffic
volumes. They were also asked to make refinements and study specific nuances for noises that
are unique to Chapman, including motorcycle noise, ground vibrations and interior traffic noise
levels. He reviewed criteria used for the study, which included State, County and City standards
and reviewed project characteristics of segments, topography and roadway geometry.
Mr. Robert Woo, Alliance Acoustical, reviewed the findings for each segment along Chapman.
The segments are: Segment I - Cannon to north of Canyon View; Segment II - north of Canyon
View to Equestrian; and Segment ill - Equestrian to Newport.
Mayor Murphy asked about the walls proposed as a possible alternative to reducing traffic noise
and if the cost of the walls was for the entire segments or just where the noise levels exceeded
the limits.
Mr. Woo explained it was just for the certain areas that exceeded the noise levels. The report
detailed the locations of the proposed sound walls.
TAPE 6640
Mayor pro tern Cavecche complimented the study and asked about motorcycle noise levels, the
noise level standard for stables and trails, and the different elevations along Chapman.
Mr. Woo explained the motorcycle noise level is state mandated and applies across the board.
He further explained the 75 CNEL level for stables was applied to the trails because there is no
standard level for trails and the stable usage seemed to be the most similar. He also stated the
topography and the varying elevations did playa major role in the noise study.
Mayor pro tern Cavecche asked about the proposed widening of Chapman and the number of
average daily trips used in the study.
PAGE 17
CITY COUNCIL MINUTES
July 8, 2003
14. PLANNING AND ENVIRONMENT (Continued)
Mr. Thomas explained this study was modeled for a 6 lane roadway; however, based upon the
most recent traffic study, the City has submitted application to OCTA to downgrade the
classification of Chapman Avenue from a six lane facility to a four lane facility. This change is
on the Master Plan of Highways and a downgrade requires approval from OCTA. With regard to
the numbers used in the study for average daily trips, the consultant used three different
scenarios and the high end ranges of noise levels are for the East Orange General Plan
alternative, which is not what is being considered at the present time, of 44,000 ADT. The
current East Orange project anticipates about 42,000 trips per day. The most likely scenario is a
projected volume of about 30,000 vehicles per day which is what the application to OCTA was
based on.
Councilmember Coontz noted horses do not get the same accommodation as humans with the 75
CNEL, but they can get spooked with traffic. She asked about the proposed change to the
Master Plan of Arterial Highways regarding the width of Chapman Avenue and if there was
support for that.
Mr. Thomas indicated the change to the Master Plan of Highways also involves three other
cities, the Transportation Corridor Agencies and Caltrans; but he believes it has a good chance
based on the 30,000 vehicles per day.
TAPE TWO
Councilmember Coontz noted the noise study was based on the greater width of Chapman to six
lanes and basically reports a worst case scenario. She also pointed out one of the
recommendations, which is a review of compliance requirements of adjacent development with
the Noise Element of the City of Orange General Plan. One of the problems is that people do not
understand what the process is. The General Plan has not been updated in years and there needs
to be some explanation of just what is involved in the General Plan, as there are many different
elements.
Mr. Thomas stated one of the major benefits of this study is to establish a base line for
comparison of any project application and attendant EIR. Also, the General Plan, which was
adopted in 1989, is slated for an update and is being looked at currently. With regard to the
recommendations, one of the issues that came out of the study was whether there was
compliance with the General Plan at the time of the development of some of these areas. This is
in the context of how new developments are treated as they come in and what responsibility
should a new development bear for noise mitigation. The four recommendations are to try to set
a context for the evaluation of either new developments or City projects.
Councilmember Coontz pointed out the OCTA hearing for downgrading Chapman Avenue to a
four lane highway will probably be before the end of this year and suggested it would be a good
idea for the public to get involved in this process.
Councilmember Ambriz asked about the cost effectiveness of sound walls and what other
alternatives are available.
PAGE 18
CITY COUNCIL MINUTES
July 8, 2003
14. PUBLIC HEARINGS (Continued)
Mr. Woo indicated sound walls are the most cost effective in Segments I and III but not in
Segment II. Other alternatives include sound insulation, dual glazed windows, solid doors,
enforcement of speed limits, and restrictions of heavier vehicles or motorcycles.
Councilmember Coontz spoke on the Santiago Hills I development. Double pane windows were
instituted, but only in certain areas, and they were not effective, because one of the problems was
construction trucks. She spent the night in one of the houses in that development and
experienced the noise problems at night. The Irvine Company had to come in and build up a
berm and add a wall at a higher height as well as double pane and air condition everything, and
also closed off one of the open streets. This report does a good job at looking at what is there
already, but her concern is that not everything is static and construction and transport traffic can
come along in the future.
Public Comments
The following people spoke. Their concerns included: the noise standard used for the trails was
the same used for stables, but should have been the same as residential use as the trail is zoned
residential; the trail is separated from the homes by just a fence; excessive motorcycle noise
levels; decrease in property values because of noise levels; excessive noise levels in backyards;
safety of residents; concern with trucks going into backyards; need for dual glazed windows;
horses being scared by the noise; monitoring was done on days when Santiago Canyon College
was not in session; trails are a defining characteristic of this area and need to be protected; the
need for noise standards for multi use trails; and ingress and egress problems onto Chapman.
. Cathy Crair, 7117 Breighton Circle, submitted photos
. Diane Oatey, 7130 Breighton Circle
. Eric Rager, 7310 E. Cambria
. Denise Rager, 7310 E. Cambria
. Gary Pickering 7107 Breighton Circle
. Robert Shaw, 7102 E. Cambria Circle
. Dave Hormuth, 7311 Cambria Circle
. Don Orr, 7103 Cambria Circle
. Sue Atkinson, 7133 Breighton Circle
. Bruce Crair, 7117 Breighton Circle
. David Baia, 7134 E. Cambria Circle
. Marita Liebesman, 7318 Cambria Cir.
. Tom Anderson, address on file
. Mary St.Marseille, 1060 W. Arbor Way
. Richard Siebert, 1388 N. Kennymead St.
. Don Gillespie, 20031 E. Chapman Ave.
. Bobbie Bloecher, 20132 E. Chapman Ave. representative of East Chapman Residents
Coalition
TAPE 2 -1600
PAGE 19
CITY COUNCIL MINUTES
July 8,2003
14. PLANNING AND ENVIRONMENT (Continued)
Mayor Murphy asked for further clarification on the trail being zoned residential and the zoning
code versus land use and how noise regulations should be applied.
Mr. Thomas stated the standards in the General Plan do not have the precise delineations that the
residents are expecting or looking for. The approach taken was based on what was done on
Santiago Canyon Road when that street was widened in the mid 90's in determining whether
noise mitigation was needed or not. However, he pointed out that was a street widening project
and thus there was an obligation to mitigate. On that project, the outdoor criteria that was used
was usable outdoor living space. That was not the entire residential lot, but essentially a patio
area and noise measurements were made from that point to determine whether it met the 65
decibel limit for residential. Where it did not meet the limit, barriers were installed. One of the
issues that needed to be addressed was a definition of outdoor usable living space. The only
definition that existed in the Zoning Ordinance was what can be taken for credit by a developer
as usable outdoor open space, which is land that is no steeper than 5 to I, or a 20% slope. Once
this type of area was identified for this study, the consultant did try to place the monitoring
devices in the most sensitive areas.
Mr. Thomas further reported on the question of what standard is applied to a recreation trail, and
whether it should be comparable to usable outdoor living space or a recreation standard. There is
no current standard for recreation trails and ultimately that is a policy decision that would be
adopted by the Council. He pointed out, however, any standard that is applied to a recreation
trail would also have application in other areas of the City also, not just this location, and could
affect future development proposals.
In response to questions by Mayor Murphy, the Assistant Community Development Director,
reported the noise level range for parks and playgrounds is 65 to 75 and horse stables is 70 to 80.
He also reported the Noise Element specifies land uses and not zoning. The consultant was
trying to find the appropriate standard for the trail and the closest use that could be found was
stables.
Mayor Murphy asked about noise levels monitored on the trail and then also just inside the
property line fence at the same location; and if the noise level on the trail exceeded the limit,
then wouldn't the noise also exceed the limit just inside the property line.
Mr. Woo explained they analyzed both locations, backyards and trails, but the question was
whether the property just inside the fence was necessarily defined as living space. Usable living
space was generally considered closer to the home, and sometimes 8 to 15 feet below the trail
level.
Councilmember Coontz asked if two readings were obtained, was the highest reading taken,
because it would seem the combination of the two readings would be logical.
Mr. Woo indicated the analysis was based on each point. The determination of something going
over a guideline is specific to that land use.
PAGE 20
CITY COUNCIL MINUTES
July 8, 2003
14. PLANNING AND ENVIRONMENT (Continued)
Councilmember Coontz pointed out the land uses in the study were divided. If they were not
divided, then the highest level would be taken. However, the consultant used criteria that was
available through the City's documents, which seems to be the problem. The residents want this
trail area to be considered part of their living space, because it is their trail which they paid for
and part of the development. She asked if there were any other areas in Orange County that are
comparable to this area.
Mr. Woo indicated the only similar area is in Laguna Hills along the San Joaquin Hills Corridor.
There are sound walls there but the horse trails were not mitigated.
Councilmember Coontz stated perhaps this is new ground to be explored with this issue,
although not all horse trails are located near arterial highways. There is more that has to be done
with the General Plan or zoning and asked ifit is possible to get ahead of those Elements of the
General Plan with specifics. The residents are asking the Council not to accept this study
because there are questions about a specific element that the Council still has a lot of questions
about. She asked if this aspect of the study can be separated out and the study still accepted.
Mayor pro tern Cavecche looked at the exact locations where the monitoring devices were and it
appeared the monitoring was done at different levels of terrain. She has sat in the backyards of
these homes and agreed the noise levels are too loud. The numbers can be argued, but a problem
still exists. Even with a level below 65, it is still a horrible living condition; and it is not just a
noise issue, but safety and quality oflife issues.
Councilmember Ambriz agreed the noise levels are too high and there is a safety and quality of
life issue. This study is empirical data, but common sense indicates there is a noise problem and
a potential for future problems. He also spoke on a possible domino affect of sound walls.
TAPE 2 - 2600
Councilmember Coontz spoke on traffic speeds and the state law which requires that as speeds
go up, the posted limits go up. She asked if the Council can accept this study except for the
question of the trail and devise a standard to accommodate the trails and homes on arterial
streets. She expressed concern that the report defines the trails with a 75 decibel level.
David DeBerry, City Attorney, reported this report can not amend the General Plan. It is one
consultant's interpretation of what might be appropriate. The Council can receive and file the
report and disagree with the particular finding of the decibel level for the trail. The Council
could then direct staff to provide a recommendation as to what the appropriate level would be
for those trails. He pointed out the city wide implication of this needs to be considered as most
of these trails will share the same zoning as adjacent uses.
Mayor Murphy suggested accepting the report with a modification that strikes the assumption of
75 decibels for the trail; then there is nothing on the record that shows an assumption of an
accepted standard.
Mr. Woo stated they would not have a problem with that.
PAGE 21
CITY COUNCIL MINUTES
July 8, 2003
14. PLANNING AND ENVIRONMENT (Continued)
Councilmember Coontz expressed concern with indicating this will go into the General Plan; and
suggested looking at this specific issue.
Mr. Thomas stated the 75 decibel standard was used as a tool to make an assessment and really
has no basis for that particular use. It was an interpretation that was applied. Whatever criteria
is used can not be discriminatory and suggested one approach could be a rural overlay for areas
with multi use trails. This would allow a set of standards to be crafted just for this type of area,
and could be done parallel with or apart from the General Plan.
Mr. Soo Hoo stated this approach would fit in with the approach Community Development is
trying to take with the General Plan update, as it looks at the entire city.
Mayor Murphy suggested giving direction to amend the report to remove the 75 decibel
reference and the application of stable sound levels to the trail sections; and direct staff to bring
back, in a timely fashion, an approach for either an overlay or some way to deal with
circumstances that are unique to the Orange Park Acres general area, which also includes
surrounding areas, that take into account the unique circumstances of arterial highways and high
transit areas, horse trails, and the cross between those two, along with residential.
The City Attorney noted there could be many unforeseen consequences to this and will have be
looked at very carefully.
Mayor Murphy stated the City is on the cusp of looking at proposals for additional land use in
East Orange that will have ramifications to not only Chapman Avenue, but with the whole
general area, especially as it deals with traffic, circulation, interfacing with trails, and safe
crossings. It is more appropriate to have something that would be applicable and well defined up
front in dealing with a variety of issues rather than trying to craft individual solutions for specific
problems, as long as it addresses the issue currently raised.
Councilmember Coontz sated the Council needs to specifically focus on this particular issue and
attempt to have the County mirror whatever the City does.
The City Manager pointed out the need to be careful not to overload staff and try to set some
expectations for Council, staff and the public about the timing for getting this done. Staff is
working on a General Plan Amendment, but even sooner, the City is embarking on an
environmental study for that entire planning area that will encompass the previously approved
Santiago Hills II area. As that is looked at, then staff can begin to craft some of these standards
and how that fits into that time frame without creating a separate focus and study.
Mayor Murphy indicated there could be a specific application now as a tool that could be used
later on as well to benefit larger areas.
Councilmember Coontz stated specifically the City could look at the trails issue as it relates to
arterial highways, but it isn't just the Orange Park Acres area. It goes beyond that. This is just a
PAGE 22
CITY COUNCIL MINUTES
July 8, 2003
14 PLANNING AND ENVIRONMENT (Continued)
specific singular issue which could apply to what is existing today and be an issue that is
addressed by developers in the future so there is no repeat of the problem.
Mayor Murphy stated he has also visited the backyards of these homes and agreed the noise
levels are a challenge.
The City Manager noted this report records very relevant and pertinent information for this
specific area, but is not an environmental impact report.
Mayor pro tern Cavecche expressed concern about getting spot specific and the implication it
may have, but agreed with the suggestion to remove the reference to the 75 decibel standard. In
accepting the document, the Council is not necessarily agreeing or going forward with any
mitigation. Her concern was accepting a document that sets a standard that the Council does not
agree with.
For the record, Mayor pro tern Cavecche stated she still has a problem with the residential areas
in that it looks like, at least in the Pheasant Run area, the Council is accepting a document that
shows that those levels are below the guidelines for the state. Yet, she still thinks those levels
are way too high. There is a definite problem there and perhaps the Council needs to look at the
residential standard.
Councilmember Ambriz pointed out the Council is receiving and filing this document but does
not establish City policy.
The City Manager stated this document does not set a standard for mitigation.
MOTION - Murphy
SECOND - Cavecche
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved to accept the sound study with an amendment to remove the references to the trail levels
and strike any reference to the trail standard as being applied to stable use.
MOTION - Coontz
SECOND - Murphy
AYES - Ambriz, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
Moved to direct staff to return to Council with recommendations for a new policy covering trails
adjacent to arterials and decisions regarding acceptable noise levels including Segment III and
applicable to East Orange.
PAGE 23
CITY COUNCIL MINUTES
5. ADJOURNMENT
MOTION - Cavecche
SECOND - Coontz
AYES - Ambriz, Alvarez, Mayor Murphy, Coontz, Cavecche
ABSENT - Alvarez
The Council adjourned at 9:55 p.m.
July 8, 2003
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CASSANDRA ATHCART, CMC
CITY CLERK
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MAYOR
PAGE 24