01-13-1998 Council MinutesAPPROVED BY THE CITY COUNCIL ON JANUARY 27, 1998
CITY COUNCIL MINUTES
OF A REGULAR MEETING
ORANGE, CALIFORNIA
January 13, 1998
The City Council of the City of Orange, California convened on January 13, 1998 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 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Councilman Spurgeon
1.2 ROLL CALL
PRESENT - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ABSENT -
None 1.3
PRESENTATIONS/ ANNOUNCEMENTS Mayor Coontz
reported the City's achievements for 1997 and plans for 1998 were announced at
the Chamber of Commerce sponsored State of the City event held January 9,
1998.Judge Gail
Andler, Orange County Superior Court, announced the recruitment of citizens for Grand Jury
membership. Applications and additional information can be obtained from the City Clerk.Mayor
Coontz
announced the appointment of Harry Thomas, Director of Public Works as Secretary/Treasurer
for the City Engineers Association of Orange County.Mayor pro
tern Slater announced that he, as a citizen, would like to help lead a group of citizens who have
indicated their willingness to contribute funds to replace the traditional nativity scene that had
been in the Plaza, noting it had deteriorated and could not be restored.Councilmember Alvarez
reported on Kids and Sports, a Conference for Coaches and Parents sponsored by
St. Joseph Hospital, Children's Hospital Orange County, Orange Youth Council and the
City of Orange.The City
Manager presented Employee Recognition Service Awards to Joe DuPuis, Joan DuPuis, Norm
Glastetter and Jere Murphy. Sandra Wayland and Jerry Madrid were unavailable to accept
their awards.Resolution No.
8858 was presented to Richard "Dick" Dittberner of the Orange Fire Department commending him
for more than thirty years of loyal and dedicated service.PAGE 1
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CITY COUNCIL MINUTES January 13, 1998
1.3 PRESENTATIONS/ ANNOUNCEMENTS (Continued)
The City Manager announced Officer John Warde, who was injured in a recent shooting incident
at the Caltrans facility in Orange, has returned home from the hospital.
The City Manager introduced the City's new Fire Chief, Vince Bonacker.
Mayor Coontz announced Home Depot selected Orange as the site of their west coast store
support center. Home Depot recently donated $10,000 to the House of Hope in the City of
Orange.
1.4 PROCLAMATIONS
Fire Captain Tom Thies accepted a proclamation on behalf of the Orange Fire Department
Paramedic Program in recognition of their 25 years of service to the citizens of Orange.
Barbara DeNiro, (address on file), expressed her appreciation of the program, indicating the
following questions could be answered at a later time: What portion of the calls result in
transport to the hospital? How are we doing with collections? What is the ratio of paramedic to
fire calls?
2. CONSENT CALENDAR
2.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a
regular meeting of January 13, 1998 at Orange Civic Center, Taft Branch Library at 740 E. Taft
Avenue, Police facility at 1107 North Batavia; the Eisenhower Park Bulletin Board, and
summarized on Time Warner Communications; 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.
2.2 Request Council confirmation of warrant registers dated December 4, 1997, December 11, 1997,
December 18, 1997, December 23, 1997, and January 2, 1998.
ACTION: Approved.
2.3 Request approval of City Council Minutes, Regular Meetings of December 9, 1997 and
December 23,1997.
ACTION: Approved.
2.4 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
PAGE 2
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CITY COUNCIL MINUTES January 13, 1998
2. CONSENT CALENDAR (Continued)
BIDS
2.5 Request Council approve plans and specifications and authorize advertising for bids for Bus Stop
Improvements on Canal Street at Heim Avenue (SP 3208); and approve an appropriation of
40,000. (S4000.S.3.1.4)
FISCAL IMP ACT: Funds in the amount of $20,000 will be available in Account No. 550-
5032-483399-1332 (Orange County Transportation Authority-ADA Bus Stop Retrofit)
and $40,000 will be appropriated from Fund 272 (Unappropriated Gas Tax-
Construction) and transferred to Account No. 272-5032-483399-1332 (
Bus Stop-ADA-Gas Tax). Monies will be fully reimbursed by OCT A SB
821 funds
being held for the City of Orange.ACTION: Approved.2.6 Request Council approve plans
and specifications and authorize advertising for bids for street maintenance on Orangewood Avenue, from
westerly City limits to Main Street and Main Street,from Maple Avenue northerly approximately
3400 linear feet to the railroad tracks. (S4000.0)FISCAL IMP ACT: Funds are
budgeted in the
Capital Improvement Program and available in the following accounts:231,000 - 272-
5021-483300-4028 (Gas Tax
2105-0rangewood
Avenue); $
285,000 - 272-5021-483300-4027 (
Gas Tax 2l05-
Main St.)ACTION:
Approved.CLAIMS 2.
7 CLAIMS FOR
DAMAGES FROM:a.
Romaine Blake b. Jarnes Brosnahan c. Margarita Herrington d. Lupe Hurtado e. Peter Sotos
ACTION:
Denied claims for damages and refer to City Attorney and Adjuster. (C3200.0)CONTRACTS 2.8
Request Council appropriate funds forincreased cost and approve a Contract Change Order in the amount of$
21,854.30 to Steve Casada Construction Company, Inc. for the increase in final as built
quantities at contract unit prices and unforeseen extra
work beyond
the original
CITY COUNCIL MINUTES January 13, 1998
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: Appropriation in the amount of$21,854.30 from Drainage District Fund 530
to Account No. 530-5011-483400-1381 (
Drainage District
Fund).ACTION: Approved.REMOVED
AND HEARD SEPARATELY)2.9 Request Council approve award of Bid No. 978-17 to Villa Ford and Ford
of Orange for twenty-four miscellaneous vehicles in theamount of$559,343.56. (
A2100.0 AGR-2966; AGR-2967)FISCAL IMPACT: Sufficient funds are
available in
Account No. 720-5023-472102 ( Motor Vehicle
Replacement).NOTE: Councilman Murphy abstained on this item.Discussion: Barbara DeNiro, (address on
file), requested an explanation of the report. The Finance Director explained the low bid for the
Ford Explorer XLT model from Ford of Orange met the needs for the department
requiring the vehicle.
The vehicle purchases
are taxable.MOTION - Slater SECOND - Spurgeon AYES -
Slater, Mayor
Coontz, Spurgeon,
Alvarez ABSTAIN- Murphy ACTION: Approved.2.10 Request Council award a professional services contract in an amount not
to exceed $32,500 to Merit Civil Engineering for field survey, preparation of
plans, specifications and cost estimates for Adams Avenue from Tustin St. to 1000 ft. east, Wayfield Street
from Walnut Avenue to Palm Avenue, Mount Vernon Ave. from Wayfield St. to 150 ft. east of
Park Lane, Park Lane from Mount Vernon to Sycamore Avenue, Martha Avenue from Park Lane
to 300 ft. east, and Emerald Drive from Cherry Avenue to
Walnut Avenue. (A2100.0 AGR-2965)FISCAL IMPACT: Funds are budgeted in the
Capital Improvement Program and available in Account
No. 310-6061-483300-1821 (Community Development Block Grant).ACTION: Approved contract and authorized Mayor
and
City Clerk to execute on behalf of the City.2.11 Request Council award a professional services contract
in the amount not to exceed $50,522.21 to Kimley-Horn and Associates
for street
lighting designinOld
CITY COUNCIL MINUTES January 13, 1998
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: The expenditure will be funded from three different projects on a
proportional basis:
16,915.92 - 284-5032-483100-6461 (Series Lighting
Modification-Northwest Area)28,193.20 - 310-6061-485100-
1818 (Northwest Area Lighting Modification)5,413.09 - 284-5032-
483100-6132 (Lighting Modification at Chapman/Center).ACTION: Approved contract and authorized Mayor and City
Clerk
to execute on behalf of the
City.REMOVED AND HEARD SEP ARATEL Y)2.12 Request Council award a contract to Peek/SMI in an amount not
to exceed $74,778.00 to provide signal
maintenance services Citywide. (A2100.0 AGR-0332.C)FISCAL IMPACT:
Sufficient funds are available in
Account No. 273-5032-427100-0000 County/OCTA Gas Tax-Contractual Services).
Councilman Murphy thanked Peek/SMI for performing signal maintenance services Citywide for thirty years. The providing of signal
maintenance services did go out to bid in order
to insure the
most equitable price
for the expected level of service.MOTION - Murphy
SECOND - Alvarez AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez ACTION: Approved contract and authorized Mayor
and
City Clerk to execute on behalf of the City.2.13 Request Council award a professional engineering
services contract in the amount of $29,550.00 to Joseph C. Truxaw and Associates, Inc. for
street improvement plans on the east side of The City Drive
from Dawn Way to Chapman Avenue. (A2l00.0 AGR-2963)FISCAL IMP ACT: Funds
are budgeted in
the Capital Improvement Program and available in the following account:535,
083.00 - 284-5011-483300-3235 (Measure M and TSIP B-West Orange).ACTION:
Approved
contract and authorized Mayor and City Clerk to execute on behalf ofthe City.2.14 Request Council approve Contract
Change Order No.1 in the amount of$2l,540.86 to Simich
Construction Company, Inc. for sewer improvements on Flower Street from Chapman Avenue to La Veta Avenue
and Chapman Avenue from
Main Street
to Eckhoff Street.
CITY COUNCIL MINUTES January 13, 1998
2. CONSENT CALENDAR (Continued)
FISCAL IMP ACT: Funds are budgeted and available in the following account:
21,540.86 - 520-5011-483200-5544 (
Sewer Construction).
ACTION: Approved.2.15 Request Council re-appropriate available project funds in the amount of $45,000.
00 from the traffic signal project at Taft Ave. and Glassell St. to fund a signalization project at
Main St. and Katella Ave. (S4000.
S.3.3)FISCAL IMPACT: Appropriate $45,000.00 from Account No.
284-5032-483100-6122 (TSIP A Traffic Signal-Taft and Glassell) to
Account No. 284-
5032-483100-
6142 (TSIP
B Traffic Signal Main and Katella).ACTION: Approved.FINANCIAL REPORTS 2.16 Request Council accept the
Comprehensive Annual FinancialReport for
the year ended June
30,1997. (C2500.J.
1.
3)FISCAL IMP ACT: None
ACTION: Received and filed.RESOLUTIONS 2.17 RESOLUTION NO. 8847 A Resolution of the City Council of
the City of Orange finally accepting the completion of a certain public work and improvement;
Bid No. 978-03; SP 3193; R. J. Noble Company; street rehabilitation for
Tustin Street
from Collins Avenue to Bixby
Avenue. (A2100.0 AGR-2872)ACTION: Approved.2.18 RESOLUTION NO. 8856 A Resolution of the
City Council of the City of Orange approving applications to the California Integrated
Waste Management Board for all available grants under the California Oil Recycling
Enhancement Act and Household Hazardous Waste
Collection Program
for the
period 1998
CITY COUNCIL MINUTES January 13, 1998
2. CONSENT CALENDAR (Continued)
2.19 RESOLUTION NO. 8859
A Resolution of the City Council of the City of Orange consenting to the designation of a certain
City bridge and highway as a County bridge and highway for seismic retrofit and related
improvements. (H1200.0)
Location: Garden Grove Blvd. Bridge No. 55C0046
ACTION: Approved.
2.20 RESOLUTION NO. 8860
A Resolution of the City Council of the City of Orange consenting to the designation of a certain
City bridge and highway as a County bridge and highway for seismic retrofit and related
improvements. (H1200.0)
Location: Orangewood Avenue Bridge No. 55C0050
ACTION: Approved.
2.21 RESOLUTION NO. 8861
A Resolution of the City Council of the City of Orange consenting to the designation of a certain
City bridge and highway as a County bridge and highway for seismic retrofit and related
improvements. (HI200.0)
Location: Taft Avenue Bridge No. 55C0159
ACTION: Approved.
2.22 RESOLUTION NO. 8862
A Resolution of the City Council of the City of Orange approving and ordering territory
designated as Annexation No. CA 97-02 (Mattern) annexed to the City of Orange. (A3100.
0 ANX-
97.02)
ACTION: Approved.2.23 RESOLUTION
NO. 8864 A Resolution of the City Council of the City of Orange authorizing certain staff to
receive State and Federal Hazard Mitigation Grant funds on behalf of the City. (C2500.E.
6.1)
ACTION: Approved.
PAGE 7
CITY COUNCIL MINUTES January 13, 1998
2. CONSENT CALENDAR (Continued)
2.24 RESOLUTION NO. 8866
A Resolution of the City Council of the City of Orange finally accepting the completion of a
certain public work and improvement; Bid No. 978-07; S 189; G. R. McKervey;
sewer improvements for Main Street from Sycamore Avenue to Alvarez Avenue and Shaffer
Street from Walnut Avenue to Oakmont Avenue. (A2100.0
AGR-2893)
ACTION: Approved.2.25 RESOLUTION
NO. 8867 A Resolution ofthe City Council of the City of Orange finally accepting the
completion ofa certain public work and improvement; Bid No. 978-02; S 190; Simich
Construction Co., Inc.;sewer improvements for Flower Street from Chapman Avenue to La Veta
Avenue and Chapman Avenue from Flower Street to Eckhoff Street. (
A2100.0
AGR-2882)ACTION: Approved.REMOVED AND
HEARD SEP ARATEL Y)2.
26 RESOLUTION NO. 8870 A Resolution ofthe City Council ofthe City of Orange supporting
the additional $1 vehicle registration fee to fund the replacement of the
County-wideCal-
ID Fingerprint Identification System. (OC1300.I)Councilmembers expressed support of the need for the
replacement of the system but concern with the $1 addition to the vehicle registration fee. It was noted
that $455,000 would be the City's portion over a five year period. The City should look at
other creative ways to come up with $91,000 a year. It was suggested looking at the City of
Anaheim's system with a possible briefing from their officials or the
contract company that operates their system.Mayor Coontz expressed concern with the financial goal of $
10 million being attained prior to January 1,2003 and the need for assurance there will not
be a renewal ofthe $1 fee.The City Manager reported the Resolution is to indicate to the
Board of Supervisors no later than January 27, 1997 on where the City stands on this issue. The
City has identified $125,000 COPS grant funding this year to fund a portion of the program.
The Assistant to the City Manager explained the 5-year cap passed in legislation last year allowed the $
1 fee to be added to vehicle registration. The $1 fee will sunset on January 1,
2003. New legislation would have to be adopted extending the fee beyond January 1, 2003.
The legislation did not address the $10 million goal
being reached prior to the year 2003.Carole Walters, 534 N. Shaffer, spoke in opposition to
the $1 fee and supports
finding another
way to
CITY COUNCIL MINUTES January 13, 1998
2. CONSENT CALENDAR (Continued)
Barbara DeNiro, (address on file), spoke in support of the program and asked who will follow-
up on the sunset provision of the legislation; and referred to the use of grant funds for other
law enforcement
purposes.Nick Lall, 6231 Mabury Avenue, on behalf of the Orange Taxpayer's Association,
recognized the need for a proper fingerprint identification system but opposed a tax targeted at
vehicle
owners.MOTION - Murphy
SECOND - Mayor Coontz AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved to
adopt a Resolution in support ofthe Cal-ID Automated Fingerprint Identification System
recognizing the need to update the system but opposed to raising taxes for the following reasons:
I) replace verbage in the resolution on how the City will fund it, recognizing the City will
be responsible for its portion of the $10,000,000 replacement cost, $455,000 over five years,opposing
the imposition of a $1 fee on vehicle registrations in Orange County; 2) concerned with
the sunsetting and possibility of renewal; 3) opposed to the fine print which indicates the funds
can be spent in other ways; and 4) the City to find other creative ways to fund their portion
ofthe responsibility. The Resolution to be prepared by the City Attorney and City Manager,
with the Mayor's review prior to execution.2.
27RESOLUTION NO. 8871 A
Resolution of the City Council of the City of Orange concerning the status of the Circulation Element
for the City of Orange. (C2300.E)ACTION:
Approved.2.
28RESOLUTION NO. 8875 A
Resolution of the City Council of the City of Orange expressing appreciation to Captain Eugene
J. Hernandez for more than 23 years ofloyal and dedicated service. (C2500.K)ACTION:
Approved.TRAFFIC
SAFETY 2.
29 Request Council a) approve a request for the placement of a school crossing guard on Fletcher Avenue
at American Way; and b) appropriate $2,500.00 pro rated salary from General Fund Unappropriated
Reserves into the Police Department's Crossing Guard Salary Account No. 100-4041-
413102. (S4000.S.3.5)
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CITY COUNCIL MINUTES January 13, 1998
2. CONSENT CALENDAR (Continued)
FISCAL IMPACT: This is an unbudgeted position and requires an appropriation of $2,500 pro
rated salary from General Fund Unappropriated Reserves into the Police Department's Crossing
Guard Salary Account No. 100-
4041-413102.
ACTION:
Approved.
MOTION
SECOND AYES
Slater Spurgeon
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Items
Nos. 2.9, 2.12 and 2.26were removed and heard separately. Councilman Murphy abstained
on Item No. 2.9. The remainder of the Consent Calendar was approved as recommended.
END
OF CONSENT CALENDAR 3.
REPORTS FROM MAYOR COONTZ - None 4. REPORTS
FROM COUNCILMEMBERS 4.1
Mayor pro tem Slater - discussion on implementation of a Mills Act Program in the City of Orange.Mayor pro
tern
Slater presented an overview of the Mills Act. The implementation of the Act in the City of Orange would
encourage historic preservation and reduce taxes. Several Old Towne homeowners have inquired about
taking advantage of the Mills program. It was one of the benefits addressed by the petitioners who listed
the Old Towne district on the National Register of Historic Places. The key elements of the
Mills Act are: I) it is a completely voluntary program; 2) it is an economic incentive program to encourage
preservation of historic properties by reducing property taxes; 3) it can be used by homeowners as well
as income producing historic properties; 4) it includes a commitment to preserve and maintain a
property for a minimum period of ten years; and 5) it is a contract between the City and the owner of
a designated historic property. Staff estimates the potential revenue loss to the City would be $7,000
to $21,000 annually. It was suggested that the administrative cost be as low as possible, $145 or lower, similar
to costs charged for those that must appear before the Design Review Board, and that all properties listed
in the City's historical resources survey and/or the National Register of Historic Places which are
not in a redevelopment area be included. Mayor pro tern Slater requested Council's input with staff
returning to Council with a Resolution to implement the program.Barbara DeNiro, (address
on file), commented this should be heard at a 7:00 p.m. session; expressed confusion with the
agenda title; and concern with the Mills Act Program.PAGE 10 Ii'
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CITY COUNCIL MINUTES January 13, 1998
4. REPORTS FROM COUNCILMEMBERS (Continued)
Speaking in support of the Mills Act Program
Sarah Pearson, 248 S. Batavia
Joan Crawford, , 394 S. Orange Nick
Lall, 6231 Mabury Avenue, asked if the Mills Act would encompass the entire 26 miles of Orange and
if it only applies to income producing properties? It is hoped the report before Council identifies how
much potential revenue loss there would be to the City and whether the City is going to increase taxes
or decrease services to compensate for the lost revenue.The
Director of Community Development explained there is a property tax savings to those property owners.
The Mills Act Program would apply to recognized historic properties and ; it could apply to historic
properties recognized outside of the Old Towne area; and it is only for income producing properties.
The document provided to Council was a preliminary overview of the Mills Act Program and does
merit additional review and consideration. A meeting will be held with Councilmembers individually
and a report prepared for Council consideration in 60-90 days.
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
5.1 Reappoint Pat Buttress to the Community Video Advisory Board (term to expire December
31,1999). (ORI800.0.28)
MOTION - Murphy SECOND -
Alvarez AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to reappoint
Pat Buttress to the Community Video Advisory Board.5.2 Accept
Meredith Martini's resignation from the Santiago Library System Lay Advisory Board with regrets
and instruct the City Clerk to advertise the vacancy as required by the Maddy Act. (OR1800.0.
3.21)Mayor Coontz requested
staff provide an update on the duties of the Santiago Library System to be included in the
advertisement for the vacant position.Carole Walters, 534
N. Shaffer, commented on Mr. Martini's involvement in various activities in the City.MOTION - Murphy
SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz,
Spurgeon, Alvarez Moved to accept the resignation of
Meredith Martini from the Santiago Library System Lay Advisory Board with regrets and instruct the
City Clerk to advertise the vacancy.PAGE 11 T'~j
CITY COUNCIL MINUTES January 13, 1998
5. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
5.3 Appoint Councilman Alvarez to serve on the Orange County Vector Control Board (term
expires December 31,1999). (OR1800.0.3.20)
MOTION - Mayor Coontz SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved to reappoint
Councilman Alvarez to serve on the Orange County Vector Control Board.5.4 Quarterly
Report from the Investment Oversight Committee and submittal of the Annual Audit Report of
Treasurer's Investments. (OR1800.0.27.16)The City Treasurer
presented the report, noting the new members ofthe Investment Advisory Committee held their
first meeting on November 17, 1997. Jim Hansen was elected as Committee Chair. Meeting dates
were scheduled for January 7, April I, July 1, and October 7, 1998 at 1:30 p.m.The Investment Officer
gave an update on the City's transition from Wells Fargo Bank to Union Bank of California.Barbara DeNiro, (
address
on file), asked why the transition from Wells Fargo to Union Bank of California occurred. The
Finance Director explained the services being received from Wells Fargo Bank were unsatisfactory; a
competitive process was used to select a new banking service; and Council approved staffs recommendation
in September, 1997 to utilize the services of Union Bank of California.MOTION -Slater SECOND -
Alvarez AYES -
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to receive
and file the Quarterly Report from the Investment Oversight and the Annual Audit Report of Treasurer'
s Investments.6. REPORTS FROM
CITY MANAGER - None 7. ADMINISTRATIVE REPORTS 7.
1 Recommend the
Treasurer's Report for the period ending November 30,1997 be received and filed. (C2500.F)
MOTION - Mayor Coontz SECOND -
Alvarez AYES - Murphy, Slater,
Mayor Coontz, Spurgeon,
Alvarez Moved to receive and file.llTliil. . '.'.PAGE
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CITY COUNCIL MINUTES January 13, 1998
7. ADMINISTRATIVE REPORTS (Continued)
7.2 Report on water consolidations and future water service in the City of Orange sphere of
influence. (OC1300.G)
RESOLUTION NO. 8863
A Resolution ofthe City Council ofthe City of Orange expressing its basic policy objectives concerning
the provision of retail water service within the City of Orange sphere of influence.
MOTION - Mayor Coontz SECOND -
Slater AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No. 8863 as introduced, be adopted and same was passed and adopted by the preceding vote.MOTION -
Mayor Coontz
SECOND -Alvarez AYES -
Murphy, Slater,
Mayor Coontz, Spurgeon, Alvarez Moved to authorize
staff to prepare comments, and if appropriate a formal application, to LAFCO outlining the City'
s position; authorize staffto request proposals for consulting services to assist in the preparation of the
City comments to LAFCO; and authorize the allocation of $30,000 from Water Fund Unappropriated Reserves to
Account No. 600-8011-426700 (Professional and Consulting Services).7.
3 Request from Mayor Coontz and report from the Public Works Director regarding the PECG
initiative. (C2500.M)Mayor
Coontz introduced the subject initiative and requested additional information be provided to Council
listing a number of city, county, and statewide organizations that oppose the initiative.The
Director of Public Works reported the initiative would restrict State, local agencies. and private entities
ability to receive State funds to contract for professional services. The initiative favors State employees.
The local agencies concern is the impact on the ability to deliver projects in a cost effective manner.
The reference to State funds is unclear and could include all funds received for transportation projects.
Mayor
Coontz interjected this initiative would destroy competition, becomes more costly for the City and
is also a delaying factor because everything would have to be reviewed by the State.RESOLUTION
NO. 8869 A
Resolution of the City Council of the City of Orange opposing the Professional Engineers in California
Government (PECG) initiative regarding contracting of engineering, architectural and similar servIces.
PAGE
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CITY COUNCIL MINUTES January 13, 1998
7. ADMINISTRATIVE REPORTS (Continued)
MOTION - Murphy SECOND -
Spurgeon AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No. 8869 as introduced, be adopted and same was passed and adopted by the preceding vote.7.
4 Report
from the Director of Economic Development requesting Council approve a Deferred Payment Loan
for Case #619 and authorize the Finance Department to prepare a warrant in the
amount of $32,250. (C2500.G.1.3.3)FISCAL IMP ACT:
Funds are available in the Deferred Payment Loan Fund 315 and will be recorded under Account No.
315-6052-812001-0000.
MOTION -Alvarez
SECOND -Spurgeon
AYES -Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve and authorized the Finance Department to prepare a warrant.
8. LEGAL AFFAIRS
8.1 ORDINANCE NO. 16-
97 An Ordinance of the City Council ofthe City of Orange repealing Chapters 8.04 and 8.05 ofthe
Orange Municipal Code and replacing them with a new Chapter 8.04 relating to the City's Nuisance
Abatement Law. (A2500.
0)MOTION - Slater
SECOND - Spurgeon AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Ordinance No. 16-97 be read by title only and same was adopted by the preceding vote.9.
RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10.
ORAL PRESENTATIONS Derek
Cook, representing the City of Orange Police Association (COPA), gave the following responses to
comments made at the January 6, 1998 Special Meeting.The
allegation that the Police Captain and Acting Police Chief being intoxicated the night Officer Warde
was shot in the Caltrans incident is a blatant lie.PAGE
14 L
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CITY COUNCIL MINUTES January 13, 1998
10. ORAL PRESENTATIONS (Continued)
The Orange Police Department has been, is, and will always continue to be a professional
organization comprised of dedicated individuals who serve the community with pride and distinction.
The membership of COP A rejects any innuendo or statement made by anyone to the contrary.
It has been inferred and suggested that the purpose behind the investigation of John Robertson was
to end or impede what has come to be commonly referred to as the "trash case". That investigation is
being conducted by the Orange County District Attorney's office, who has never reported anything but
cooperation by City employees or its staff members. That investigation continues to move forward
today.
Gary Meserve, Orange, asked why Chief Robertson was fired?
The City Attorney indicated he would provide answers at the conclusion of Oral Presentations.
Richard Carlson, 159 S. Cambridge, expressed high regards for the Orange Police Department; and said
it is wrong to make Chief Robertson the fall guy.
Roger Young, Orange, expressed support for Chief Robertson. Mayor Coontz was asked why she
changed her position on Chief Robertson and what her position is on every police unit in the City being
armed with an Ml6 rifle and motorcycle officers having MAC 10's?
Mayor Coontz responded she has not expressed her position on Chief Robertson and read the following
statement which was made, on behalf of the City, at the State of the City address. "Even though we are
going through an extensive investigation and the Chief of Police is on leave, our Police Department is
continuing to do a superior job as they have throughout the years for this community. The significant
issues regarding the Chief that were investigated originated not from the City Manager, not from the
City Council, but from the complaints of misconduct by police officers against their own Chief of
Police. And to trivialize these complaints is to trivialize the concerns of those police officers, those
individuals who you are speaking of, who are out on the streets every day protecting us. Their concerns
do not deserve to be scathed at, as some members of the public have done. They deserve to be
investigated as required by State law and the City's own personnel regulations. The City has done what
it was supposed to do - investigated the complaints - and you made some reference as to what I had done or had
not done. I must tell you that it is a process and the Council has not made a decision, because that is not
part of the process at this point."Barbara DeNiro, (
address on file), indicated she was not at the last meeting because she was told it was a Special Meeting.
Ms. DeNiro presented a written document to Council to be made part of the public record.Bob
Bradley,
873 N. Highland, commented on the actions of Chief Robertson's attorney and counsel at the January
6th Special Meeting.Nick Lall,
6231 Mabury Avenue, expressed concern with questions being answered at the conclusion of oral comments,
rather than at the time the question is asked.PAGE 15
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CITY COUNCIL MINUTES January 13, 1998
10. ORAL PRESENTATIONS (Continued)
Ken Adair, 11402 Jola, Garden Grove, commented the Police Chief issue is degenerating into a real
brawl and asked about Councilman Alvarez's comment that there had been 31 complaints by police
employees, but only 6 were actually in writing. What does it take to make that serious enough to be
considered?
Dana Bosch, 1598 N. Morningside, expressed shock over the behavior of Police Chiefs supporters;
indicated his attorney was rude and hostile and owes the Council an apology; and expressed concern that
Councilman Alvarez had sought legal services to help him in the decision making process.
The City Attorney responded Chief Robertson has not been fired. A notice oftermination was sent by
the City Manager which allows the Police Chief to know what the proposed discipline is, what the
charges supporting the discipline are, and the documentation which the City has reviewed in coming to
the proposed decision. There will be no final action until the Police Chiefhas an opportunity to respond
to the allegations represented by Council. It would then come back to the City Manager for a decision.
It is proposed at this time that an independent arbitrator be selected for the Skelly hearing. The
arbitrator's recommendation would be made to the City Manager. If the City Manager continues to
propose termination, Council's approval would be sought.
The allegations, at least the more significant ones of misconduct, were brought to the City's attention by
police officers. The City is required under State and Federal law to investigate the allegations. The City
went outside the City boundaries and selected two investigators who have investigated several
complaints that have been lodged in other Police Departments. He provided the investigators with a list
of issues to investigate, which were investigated, and conclusions were drawn. The Council at this time
has not been asked to do anything. They have been kept informed. The Council will not be asked to do
anything with respect to the investigation unless the City Manager recommends termination at the end.
It was his suggestion to respond to the questions at the end of Oral Presentations as many questions are
the same. In this particular issue, when there is a question and answer, it results in a debate, lengthens
the process, and makes it difficult for the City Clerk to keep track of the minutes allowed for the person
speaking.
The City Manager responded the issue of how the police units and motorcycle officers are armed arose
at a Council meeting subsequent to the Hollywood shootout. After discussing the issue with Chief
Robertson, it was his position that the departments' only comments would be that they felt that the
officers were adequately armed. They did not wish to disclose how they were armed. Captain Gene
Hernandez spoke on behalf of the Chief and the department at the Council meeting and took that
position. A proposal has not been received to change armament or to address the issue in any way, but
indicated he would follow up with the department.
Councilman Alvarez apologized to Mr. Ken Adair, indicating that his statement regarding the number of
complaints received was not meant to be taken as minimizing the complaints. It was his way of
illustrating that there had been 30 complaints when the Police Chief was placed on administrative leave,
and then it was numbered down to 4 to 5. It was not meant to minimize that they are not important. An
outside attorney was hired to help make the decision for two reasons: I) to take the emotion out of the
PAGE 16
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CITY COUNCIL MINUTES January 13, 1998
10. ORAL PRESENTATIONS (Continued)
decision; and 2) to see if there was something that he had missed, noting the reports are complicated.
Councilman Alvarez clarified further the statement that he made earlier that he thought it looked
personal between the City Manager and the Police Chief, indicating when looking at the reports, he
characterizes them into three trends: 1) everything started with the Personnel complaints from Sargent
Marrujo and Captain Walsh which were investigated the way there were supposed to be and the law was
followed; 2) the scope seemed to broaden with the affidavit and everything read in the paper; and 3)
basically, the Chief was put under a microscope. It was concluded after reading the reports and working
with his attorney, his conclusion had not changed. He indicated his prepared statement was given to the
City Attorney for his perusal and said he would not read the statement. Ann Pepper at the Orange
County Register was asked to hold it. His intentions are not to add to the brawl but to get information
out.
Mayor pro tern Slater commented personal attacks are completely inappropriate unless they are true, or
there is something about it that relates to the subject at hand. In defense of Acting Chief Dean Richards,
he spoke with him extensively the night of the shooting and was under no impression or indication that
he had been drinking. Police officers should be armed to handle a situation as took place at the Caltrans
facility and he is glad to know that it will be pursued. It was clarified that the investigation has been
based on three complaints that have been investigated, two for hostile work environment, and one
related to other issues. That is all that has been seen so far. Mayor pro tern Slater said he questioned
Officer Cook's credibility when he previously addressed the Council and implied that the Police
Department had approved a letter that was read. It is not true, as several officers called him expressing
anger, indicating the letter did not represent them. There are unions in our City and we Iolave fine
employees that are members of them, an outstanding Police Department, and outstanding members of
the Police Department. The question he has is who is running the City? Is it the union or is it us?
Mayor pro tern Slater said he will never be swayed by what a union has to say, or anything that they
would intimate or any kind of intimidation.
Councilman Spurgeon commented he has not said a thing. Anything that has been said has been said to
his colleagues in Executive Session where he is legally allowed to say and express his opinion as they
have theirs. He will have plenty to say when the time is right. His vision and responsibility as a
Councilman is to protect not just one person but he also has an obligation to ensure that the men and
women, sworn or civilian, in the Police Department, are also protected, and given their rights to express
their opinions, either through this process or the public. The allegation made against the Acting Police
Chief the day of the shooting was also refuted. He will continue to support ones right to express their
opinion. His job is to make sure the process goes to a logical and legal conclusion.
The City Manager indicated he discussed with the Acting Police Chief the allegations which had been
made against him and his whereabouts at the time of the Caltrans shooting. The allegation made has
been disproved to his satisfaction. Acting Police Chief Richards has well accounted for his time and was
very involved with the officers in the shooting at the station. There is no question about the veracity of
his statements and his integrity and conduct.
PAGE 17
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CITY COUNCIL MINUTES January 13, 1998
10. ORAL PRESENTATIONS (Continued)
Councilman Murphy commented he has been dismayed with the amount of public discussion of an issue
of a personnel nature that should be private, so that the rights of the Police Chief and everyone involved
are respected prior to a final decision. With the concurrence of Council, he indicated the investigations
are independent and were unaffected by any individual involved from the interview standpoint. It is
important that the public know as well that the investigative process was independent and not affected
by any particular interest or group along the
way..
Councilman Murphy looked to Councilmembers for
concurrence with his statement. The process is ongoing, and until the process is completed, he indicated
he does not know how anyone could come to a final decision.
Mayor Coontz indicated she had not spoken because they are going through the process and it wasn't the
time to speak. There are approximately 2,000 pages to the investigative report. The City Council takes
the oath of office to do the very best they can for the citizens of the City of Orange. There must be
complete confidence in our Police Department.
Mayor pro tern Slater responded, for the record, to the issue brought up by Councilman Murphy. "I am
not completely convinced for myself that the investigation was independent and I feel very strongly that
that direction given to the investigators was - I don't agree with that direction either".The
City Council recessed at 6:58 p.m. and reconvened at 7:10 p.m.11.
RECESS The
City Council recessed to a Closed Session at 8:45 p.m., subsequent to the 7:00 p.m. Session, for the following
purposes:a.
Conference with labor Negotiator pursuant to Government Code Section 54957.6:City
Negotiator: Personnel Director Steven Pham Employee Organization: Police Association, Police Management,
Orange City Firefighters, Fire Management b.
Conference with Legal Counsel pursuant to Government Code Section 54956.9 - existing litigation.City of
Orange vs. KPMG Peat Marwick, Orange County Superior Case No. 772237.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 12.1
INVOCATION Phyllis Cahill,
Soroptimist 12.2
PLEDGE OF ALLEGIANCE TO THE FLAG Led by
Councilman Spurgeon l Hill
PAGE 18
CITY COUNCIL MINUTES January 13, 1998
12.3 ANNOUNCEMENTS - None 12.
4INTRODUCTIONS - None 12.5
PROCLAMATIONS - None 12.6 PRESENTATIONS -
None 13. NOTICED HEARINGS 13.
1 PROPERTY ACQUISITION
BY EMINENT DOMAIN, 1515 W. CHAPMAN AVENUE:Time set for a
noticed hearing on petition by the City of Orange to acquire the following property by eminent domain: 1515 W.
Chapman Avenue; Assessor's Parcel No. 39-313-03 (C2500.M.14)Property Owners:
Liow Mey Ju, etal Jose Altamirano &
Chin Mei Chu Chin Huang
Chen & Chin Feng Chu Shu I.
Hsiao King Yuan
Chu & Ching Chiao Chu The Director
of Public Works reported the acquisition is for a 10 foot strip immediately adjacent to Chapman Avenue
as part of the widening of the intersection of Chapman and Main. The Environmental Impact Report
was certified in March, 1992. The City has received Measure M competitive grant funding for
the project. The findings to be made are: 1) the public interest and necessity require the proposed project;
2) the proposed project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury; 3) the real property is necessary for the proposed
project; and 4) an offer to purchase the property pursuant to the California Government Code.MAYOR
COONTZ
OPENED THE PUBLIC HEARING.Liow Mey
Ju, 1515 W. Chapman, commented she does not oppose the City taking the property but needs more
time to study the City's offer to purchase the property. David Bienstock, 414 N. Thomas St., accompanied
Ms. Ju to the lectern and confirmed that she understood the City's proposed action.The City
Attorney explained the City needs to obtain possession of the property to move forward with the project.
The City will continue negotiations with the property owner as to the value.RESOLUTION NO.
8865 A Resolution
of the City Council of the City of Orange finding and determining that the public interest and necessity
require the acquisition by eminent domain of certain real property located near the northwest corner
of Chapman Avenue and Main Street for public use and authorizing and directing condemnation.THERE
BEING
NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING PAGE 19
if" 1 -
CITY COUNCIL MINUTES January 13, 1998
13. NOTICED HEARINGS (Continued)
Councilman Spurgeon requested the City Attorney confirm permission for him to vote on the issue,
indicating he lives approximately 2000 to 2200 feet from the project. The City Attorney responded he
would be able to vote unless the action would negatively or positively impact his property by $10,000 or
more. Councilman Spurgeon stated for the record that it does not.
MOTION - Mayor Coontz SECOND -
Murphy AYES - Murphy,
Slater, Mayor Coontz, Spurgeon, Alvarez Moved that Resolution
No. 8865 as introduced, be adopted and same was passed and adopted by the preceding vote.14.
PUBLIC HEARINGS
14.1 APPEAL
NO. 440; TENTATIVE PARCEL MAP 96-183; VARIANCE 2031-97; PAUL CLARK
AND GEORGE ADAMS:The
public hearing on petition by Paul Clark and George Adams to appeal the decision by the Planning Commission
on July 7, 1997 denying Tentative Parcel Map 96-183 which would subdivide a 19,860
square foot parcel into 4 lots and Variance 2031-97 which would allow for waivers of site
development standards for lot size, lot width, lot depth, building setbacks and parking upon the property
was continued from August 26,1997, September 23,1997, October 28,1997, and December 9,1997
to this time. The Planning Commission found that approval ofthis proposal would likely
intensify existing access and parking problems in the area; increase non-conformities of existing
development on the site; create lots that are substandard to zoning requirements; and grant a special
privilege inconsistent with the limitations upon other properties in the same vicinity and zoning district. (A4000.
0 APP-44D)NOTE: The applicant has modified the proposal to subdivide the property into three
lots. The variance is still required to request a waiver of site development standards pertaining to lot
size, lot depth,building
setbacks and parking.The property is located at the northeast corner of Maple and Parker (633
West Maple). Negative Declaration 1520-97 has been prepared to evaluate the environmental
impacts of this project.THE APPELLANT STATES THE FOLLOWING
REASONS FOR THE APPEAL:We feel very strongly that this project is the right type of development for the City
of Orange. We feel that Orange does not need more apartments. Converting these four rental houses
into four single lots that could then be sold so that families would live there who have pride of
ownership is the most positive thing that could happen to the property. We are not trying to increase the
density - there are four existing single family houses and we are trying to keep four single-family houses.
We feel that we met all the conditions of the proper variance and we would like to present our project
to the
City Council PAGE 20
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CITY COUNCIL MINUTES January 13, 1998
14. PUBLIC HEARINGS (Continued)
for Orange. Therefore, because of the above, we respectfully request a hearing at the City Council as
soon as possible."
The Director of Community Development explained this is a remnant piece of property zoned R-
3 Multiple Family Residential and occupied by four smaller single-family houses. The
original request before the Planning Commission was to subdivide the property into four parcels. The
applicant has changed his request to subdivide the property into three parcels. If approved, this would
create three independent parcels. The zoning code requires a minimum lot area in an R-3 zone of 8,
000 square feet on a corner and 7,000 square feet on the other lots. This subdivision, with
the required dedications,would create a corner lot of 4,956 square feet; the other two lots would be 6,380 and 5,
478 square feet.There is currently a 1,200 square foot two-bedroom unit on the front lot. There
would be two 660 square foot single family units on the central lot and one 700 square foot lot on
the third lot. The minimum lot depth required by the zoning code is 100 feet. The depths of the lots
created would be 90 foot for the corner lot, 54 feet for the central lot, and 66 feet for the third lot.
The parking and setback requirements also would not meet current standards. The Planning Commission's
decision was based on the
four lot parcel map.MAYOR COONTZ
OPENED THE PUBLIC HEARING.George Adams, 7425 Lewis, said the property desperately needs help. It is his
intention to divide and sell off the front and back houses, bulldoze the two middle houses, and build a
nice duplex. He asked the City to allow him the three lots which would help make it
work economically for him.Councilmembers expressed concern with setting a precedence; asked if there
are other properties like this in the City; and whether a covenant could be placed on the property
The Director of Community Development responded he is not aware of other properties in the same condition with
the same types of problems. Recorded documents are kept with the County Recorder's office and it
is possible a request could get through without the City
knowledge of the recording.Mayor Coontz suggested tracking recorded documents through the City's
geobase system. The Director of Community Development said he could address the issue with the Council
and City Manager at budget time. The City Attorney commented a covenant or deed restriction would
be a viable alternative.There needs to be a method of tracking the restrictions without having to review
entire title reports to determine if it
applicable to the City.Joan Crawford, 394 S. Orange, commented approval of the project would
give the applicant special privileges and
would set a precedence.THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ
CLOSED THE PUBLIC HEARING.
MOTION - Mayor Coontz
SECOND - Slater AYES - Murphy, Slater, Mayor Coontz, Spurgeon,
Alvarez PAGE
21 rrl~
CITY COUNCIL MINUTES January 13, 1998
14. PUBLIC HEARINGS (Continued)
Moved that 1) the proposal be sent back to the Planning Commission for consideration at its meeting of
February 2, 1998 with the understanding that Council has looked at the problem, recognized that this
application is different that the original application, and feels it would be better to be creative with the
property that to leave it the way it is; 2) the Planning Commission recognize that the parcel historically
was cut off from a larger piece and qualifies for a variance(s); 3) the lots be divided into either two or
three; 4) reduced street widening and improvements be included; and 5) there be a recorded covenant
included with the ability of staff to track it in City Hall.
14.2 MULTIFAMILY HOUSING REVENUE BONDS; 1300 N. SHAFFER (ORANGEV ALE
APARTMENTS); 1300 N. SHAFFER PARTNERS LP, A CALIFORNIA LIMITED
PARTNERSHIP
Time set for a public hearing to consider the proposed issuance by the California Statewide
Communities Development Authority on behalf ofthe City of multifamily housing revenue bonds in an
aggregate amount not to exceed $3,000,000 to finance the acquisition and rehabilitation of a 64-
unit multifamily rental housing project located at 1300 N. Shaffer, known as the Orangevale
Apartments.The project will be owned and operated by 1300 N. Shaffer Partners LP, a California
Limited Partnership. (C2500.
G)MAYOR COONTZ OPENED THE PUBLIC
HEARING.THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC
HEARING.RESOLUTION NO.
8868 A Resolution of the City Council of the City of Orange approving the issuance of multifamily
housing revenue bonds by the California Statewide Communities Development
Authority MOTION - Slater
SECOND - Alvarez AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez Moved that
Resolution No. 8868 as introduced, be adopted and same was passed and adopted by the preceding vote.
15. PLANNING
AND ENVIRONMENT - None 16. ORAL PRESENTATIONS
Carole Walters, 534
N. Shaffer, commented the police officers in attendance at the Council meeting are intimidating. Ms. Walters
addressed a formal complaint she filed against a police officer; a package and letter that will
be sent to the Attorney General; and that the Mayor should disqualify herself for speaking with Becky Blair,
a non-Orange resident, relative to her husband providing Chief Robertson with financial help.
PAGE 22
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CITY COUNCIL MINUTES January 13, 1998
16. ORAL PRESENTATIONS (Continued)
Mayor Coontz denied the allegation.
Adele Graves, (address on file), spoke regarding the misuse of political power.
Richard Siebert, 1388 N. Kennymead Street expressed support for Chief Robertson; appreciation for
what he has done in the City; and what will happen if he is terminated.
Richard Carlson, 159 S. Cambridge, spoke regarding problems caused by the non-conforming use of
P.J. Mead's. Mr. Carlson said he filed a claim against the City, indicating the City Attorney said
once something is received in the mail, the City will act on
it.The City Attorney denied the statement made by Mr.
Carlson.Mayor Coontz said allegations and inferences continue to be made. The City Council can not speak
to the issue of Chief Robertson, as it has not come to
closure.Deborah Bray, representing Liebert, Cassidy & Frierson, 6033 W. Century Blvd., Los
Angeles,addressed her comments regarding Police Chief Robertson indicating the public and political nature
of this proceeding is different from any other proceeding she has experienced. From what she has seen
the City and its staff have taken a very careful, cautious, and professional approach to the manner in
which the case has been handled. Ms. Bray said there has been some indication that the outside
investigators hired were not independent. She has seen no evidence of that. Ms. Bray said they are making sure
that the Chief is afforded every right he is entitled to under the Peace Officers Bill of Rights and under
any due process issues. Neither the Council nor staff can get into the details of the reasons behind an
action of this sort. The public has been somewhat premature in judging the matter without having all of
the
facts.NOTE: The City Council recessed at 8:45 p.m. to Closed Session and reconvened at 9:05 p.
m.17.
ADJOURNMENT MOTION - Mayor Coontz
SECOND - Murphy AYES -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez The City
Council adjourned at 9:05 p.m.ct(l~
jdCASSANDRA ATHCART,
CMC CITY CLERK
COONTZ AYOR
PAGE
23
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