8/22/2000 - Council Minutes - CC Minutes Reg Meeting
APPROVED BY THE CITY COUNCIL ON SEPTEMBER 12,2000
CITY COUNCIL MINUTES ORANGE, CALIFORNIA
OF A REGULAR MEETING August 22, 2000
The City Council of the City of Orange, California convened on August 22, 2000 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 Helen Walker, Soroptimist International
1.2 PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Mayor Coontz
1.3 ROLL CALL
PRESENT -
ABSENT -
Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
(Councilman Alvarez was absent from the 7:00 p.m. Session)
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS
The following employees were presented Service Awards: (C2500.J.4.18)
Wendy Saunders - Fire; Jorge Chavez - Police; Mark Gibbs - Police;
Daniel Adams - Police; Dung Nguyen - Police; Roy Griffith - Police;
Ed Polliard - Police; Robert Stuart - Fire; Lori Benicky - Finance;
Kevin King - Police; Diane Matthews - Finance; Barbara Bozman - Police;
Dennis Schmitz - Public Works.
Certificates were presented to the Members of the Central Orange Fastpitch (10 and
under division) for their victory at the 38th Tournament of Champions, a regional softball
tournament held in Buena Park from July 27 through July 31.
Mr. Sean Greenfield, Orange Masonic Lodge 293, presented a check for $1000 to the
Orange Veterans Memorial Fund. Mr. John Whiteriver accepted the check on behalf of
the Veterans Memorial Committee. Mayor Coontz announced the Committee has
collected approximately $14,000 to date, and is still accepting donations.
Mayor Coontz announced:
· The official grand opening of the Courtyard center in Downtown was Friday,
August 18th This center, located in the 100 block of North Glassell, includes
professional offices, retail shops and restaurants.
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CITY COUNCIL MINUTES
August 22, 2000
1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS (Continued)
· Waste Management Company has produced a new brochure which has been sent
to residents of Orange outlining the new recycling program.
· Fire Battalion Chief Doug Mochizuki was the recipient of the Courage Under Fire
Award, for a freeway rescue he performed while off duty.
Councilman Murphy announced the new Miss Orange crowned Saturday, August 19th, is
Cayce Lee, a student at Chapman University.
Councilman Slater announced he had recently seen a coyote in the Old Towne area
during daytime hours. Animal Control was called and the coyote was caught.
Councilman Slater warned residents of the dangers of coyotes, and advised calling
Animal Control, 935-6848, ifone is spotted.
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.
3.1 Declaration of City Clerk, Cassandra J. Cathcart, declaring posting of City Council
agenda of a regular meeting of August 22, 2000 at Orange Civic Center, Main
Library at 101 N. Center Street, 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.
3.2 Request Council Confirmation of warrant registers dated August 3,8,10,2000.
ACTION:
Approved.
3.3 Receive and file the City Treasurer's Report, period ending July 31, 2000. (C2500.F)
ACTION:
Approved.
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CITY COUNCIL MINUTES
August 22, 2000
3. CONSENT CALENDAR (Continued)
3.4 Request approval of City Council Minutes, Regular Meeting August 8, 2000.
ACTION:
Approved.
3.5 Consideration to waive reading in full of all ordinances on the Agenda.
ACTION:
Approved.
AGREEMENTS
3.6 First Amendment to Agreement No. 3580 with the Community Services and Library
Foundations for use of the Former Bank of America Parking Lot as a fundraising
opportunity for the Community Services and Library Foundations during the 2000
International Street Fair. (A2100.0 AGR-3580.1)
SUMMARY: Agreement 3580 allowed the Community Services and Library
Foundations to operate a pay parking lot at the location of the former Bank of America
building at 345 E. Chapman Avenue during the 2000 International Street Fair. Staff
recommends that the agreement be amended to add the Main Library parking lot, located
at 101 N. Center Street. All other terms of the original agreement would remain
unchanged. Upon approval of the amendment, staff proposes to close Main Library on
Saturday, September 2, 2000 and expand the hours at Taft and El Modena Branch
Libraries for the convenience of library patrons.
ACTION: Approved an amendment to Agreement No. 3580 adding the Main Library
Park Lot to the locations authorized for operation of a pay parking lot as a fundraising
opportunity for the Community Services and Library Foundations during the 2000
International Street Fair.
FISCAL IMPACT: Since the Foundations will reimburse the City for staff costs
associated with the use ofthe parking lots as a fundraiser, there is no fiscal impact
APPROPRIATION
3.7 Appropriation of funds for drainage improvements on Montgomery Place.
(C2500.M.17)
SUMMARY: Improvements are needed to control drainage from the public right of way
on Montgomery Place from entering onto adjacent private properties. It is estimated that
$20,000 will be necessary to complete improvements.
ACTION: Approved appropriation of $20,000 from Fund 272, Unappropriated Gas Tax
to Account No. 272-5011-483300-3182.
FISCAL IMP ACT: Upon appropriation, funds will be available in Account Number 272-
5011-483300-3182 (Montgomery Place Drainage Improvements).
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CITY COUNCIL MINUTES
August 22, 2000
3. CONSENT CALENDAR (Continued)
BIDS
3.8 Reject all bids received for Bid No. 990-40, and request authorization to re-advertise
the project (S4000.S.3.3)
SUMMARY: The City received 6 bids for Bid No. 990-40 - Traffic Signal & Striping
Modifications at various locations. Staff recommends that all bids be rejected and the
project be re-advertised including amendments to the Project's Special Provisions to
better facilitate project delivery.
ACTION: Rejected all bids received for Bid No. 990-40 and authorized staff to advertise
the project with revised special provisions.
FISCAL IMPACT:
Lincoln/Canal
Glassell/Taft
Funding for the project is available in the following accounts:
284-5032-483100-6059
284-5032-483100-6122
284-5032-485100-6122
550-5032-483100-6147
284-5032-483100-6146
272-5032-483300-3406
TOTAL
$105,000.00
12,519.00
38,000.00
45,000.00
48,691.24
14,905.00
$264,115.24
KatellalHandy
Lincoln/Orange-Olive
Chapman/Chandler Ranch Rd.
(REMOVED AND HEARD SEPARATELY)
3.9 Rejection of Bids - Bid No. 990-42; ADA Improvements for the Edwards House and
Police Headquarters (C2500.M.5)
SUMMARY: The City received only one bid for this project and the bid price is higher
than funds budgeted.
Councilman Alvarez asked what improvements were proposed for the Edwards House.
The Director of Public Works reported it was the handicap ramp.
MOTION - Slater
SECOND - Murphy
A YES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to reject the one bid received for construction of the project.
FISCAL IMPACT: Funds are budgeted in Account 310-9645-485100-1329 (CDBG) for
$31,000.00
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CITY COUNCIL MINUTES
August 22, 2000
3. CONSENT CALENDAR (Continued)
3.10 Final Contract Change Order; Bid No. 900-14; Project No. SP-3239E, Glassell
Street Rehabilitation from Maple Avenue to Walnut Avenue. (A2100.0 AGR-3501)
SUMMARY: This Final Contract Change Order authorized payment for the increase in
final as-built quantities at contract unit prices and unforeseen extra work beyond the
original scope of work. The total contract cost for this project is $471,138.75.
ACTION: Approved a Contract Change Order No. 1 in the amount of $29,245.25 to
Excel Paving Company for the additional quantities at contract unit prices and extra work
at agreed price.
FISCAL IMPACT: Funds are budgeted in the following Account: 272-5011-483300-
4004 $29,245.25 (Glassell Street Rehabilitation).
CLAIMS
3.11 The City Attorney recommends that the Orange City Council deny the following
Claim(s) for damages: (C3200.0)
a. Marie Jakubec
b. Margarita Mellett
c. Karen Hsu-Hardt
FISCAL IMPACT: None.
ACTION: Denied Claim(s) for damages and referred to City Attorney and Adjuster.
CONTRACTS
3.12 Award of Contract - Bid No. 990-48; Project SP-3311; Woodwind Avenue Storm
Drain and Deep Spring Road Sidewalk Access. (A2100.0 AGR-3591)
SUMMARY: The project improvements include the construction of new storm drain
facilities including piping, inlets and drainage structures for the interception of storm
runoff along the Santiago Hills Park Paseo north of Woodwind Avenue. The project will
also construct a new concrete stair walkway access to Santiago Hills Park from Deep
Springs Road.
ACTION: 1) Authorized fund transfer of$15,000.00 from appropriated funds in Account
No. 590-5013-426700 and appropriated to Account No. 590-5013-483400-5338 for
Construction Administration, Inspection and Contingencies; and 2) Awarded a contract
in the amount of $78,299.80 to SRD Construction, and authorized the Mayor and the City
Clerk to execute on behalf of the City.
FISCAL IMPACT: Funds are budgeted or are available in the following account:
590-5013-483400-5338 (Assessment District 86-1), $90,000.
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CITY COUNCIL MINUTES
August 22, 2000
3. CONSENT CALENDAR (Continued)
3.13 Award of Contract - Bid No. 990-45; Project SP-3290; Street Monuments and Entry
Signs. (A2100.0 AGR-3592)
SUMMARY: The Street Monuments and Entry Signs, when constructed, will serve the
following purposes: indicate the City boundary; provide a sense of community pride :md
identity, and enhance the aesthetic appearance of the roadway and nearby area.
ACTION: 1) Awarded a contract in the amount of $260,264.00 to Trugreen Landcare
and authorized the Mayor and City Clerk to execute on behalf of the City; and 2)
Authorized a change order reducing the award in the amount of $119,014.00 that would
have constructed sign improvements at three (3) locations, thereby adjusting the final
contract amount to $141,250.00.
FISCAL IMPACT: Upon appropriation, funds are budgeted or are available in the
following account: 500-5011-485100-3100 $180,000 (CIP Street Monuments).
3.14 Contract Change Order No.1 to Contract No. 3826 with Highlight Electric Co., for
the Katella Avenue Signal Interconnect Project (Bid No. 989-44).
(A2100.0 AGR-3286)
SUMMARY: The contract change order will pay for additional work performed by the
Contractor during the course of this project. The total contract, including this change
order, remains within the approved budget for this project.
ACTION: Approved Contract Change Order No. I in the amount of $24,172.00 to
Agreement No. 3826.
FISCAL IMP ACT: Adequate funds are available for this change order in the amount of
$24,172.00 from the Katella Ave. Signal Interconnect project Account No. 550-5032-
483100-6462.
3.15 Purchase of Hewlett-Packard 9000 Model LI000 Server through a CMAS
cooperative purchasing agreement (C2500J.2)
SUMMARY: It is requested that the City Council authorize the purchase of a new File
Server which will support the City's Utility Billing operation.
ACTION: Authorized the purchase of a Hewlett-Packard 9000 Model Ll 000 File Server
from Midwest Systems in the amount of $39,354.68.
NOTE: Councilman Murphy abstained on this item due to a business conflict.
FISCAL IMPACT: The FY 2000-01 Information Technology Budget (Account No. 790-
1601-481303-9640) includes $45,000 for the purchase and installation of a new file
server to support the City's utility billing operation.
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CITY COUNCIL MINUTES
August 22, 2000
3. CONSENT CALENDAR (Continued)
REPORTS
3.16 Status of City's Sanitary Sewer System - Informational Report. (C2500.M.3)
SUMMARY: City of Orange's Sanitary Sewer System is generally in good shape, is
routinely maintained and inspected and has no major structural deficiencies.
Approximately one-third of the capacity deficiencies identified in the 1990 Sewer Master
Plan have been addressed over the last 10 years. There is a continuing annual program to
relieve capacity deficiencies. The sewer lines are inspected by video camera on
approximately a four-year cycle. The estimated cost for remaining system upgrades,
construction of maintenance relief facilities and repair of minor deficiencies is
approximately $4.2 million.
ACTION: Received and filed.
FISCAL IMP ACT: None.
RESOLUTIONS
3.17 RESOLUTION NO. 9322 (A2100.0 AGR-3286)
A Resolution of the City Council of the City of Orange finally accepting the completion
of a certain public work and improvement, Bid No. 989-44, Highlight Electric Company,
Traffic Signal Interconnect on Katella Avenue from the SR-55 Freeway to Struck
Avenue.
ACTION: Approved.
3.18 RESOLUTION NO. 9324 (C2500.M.16.1)
A Resolution of the City Council of the City of Orange approving Lot Line Adjustment
LL-2000-05 adjusting Lot Lines of certain real property described as 203-257 S. Main
Street. Lots I, 3, 5, 7, 9 and 11 of Tract 609 in the City of Orange, County of Orange,
State of California.
ACTION: Approved.
3.19 RESOLUTION NO. 9325 (C2500.J.1)
A Resolution of the City Council of the City of Orange expressing appreciation to Diana
Laboissonniere of the Orange Finance Department and commending her for more than
sixteen years of loyal and dedicated service.
ACTION: Approved.
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CITY COUNCIL MINUTES
August 22, 2000
3. CONSENT CALENDAR (Continued)
3.20 RESOLUTION NO. 9326 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing a section of
Center Street for a special event
Special Event: Ministry Faire to be held August 27,2000.
ACTION: Approved.
3.21 RESOLUTION NO. 9328 (S4000.S.4)
A Resolution of the City Council of the City of Orange temporarily closing a section of
Palm Avenue between Glassell Street and Center Street, and the temporary suspension of
permit parking restrictions within this same segment of Palm Avenue for a special event
from 3:30-7:30 p.m. and 9:30-11:30 p.m. on Saturday, November 18, 2000.
Special Event: Chapman University 19th Annual American Celebration Scholarship Gala
ACTION: Approved.
MOTION - Slater
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Item 3.9 was removed and heard separately. Councilman Murphy abstained on Item
3.15. The remainder of the Consent Calendar was approved as recommended.
END OF CONSENT CALENDAR
*******
4. REPORTS FROM MAYOR COONTZ - None.
5. REPORTS FROM COUNCILMEMBERS - None.
6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS - None.
7. ADMINISTRATIVE REPORTS
7.1 Report from the Director of Community and Library Services on the concept of a
dog park located at Yorba Park. (C2500.M.4.1)
The Director of Community and Library Services reported the Orange Dog Park Association has
approached the City with the intent of having a dog park located in the City of Orange as a
public place where dogs may be exercised off-leash, and dogs and their owners can interact with
others in a pleasant outdoor environment. Since the proposal is preliminary and involves only a
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CITY COUNCIL MINUTES
August 22, 2000
7. ADMINISTRATIVE REPORT (Continued)
concept, the fiscal impact has yet to be determined. However, the Association is in the process
of becoming a legal, non-profit organization and once this is achieved, will assume responsibility
for handling the operation and facilitation of the dog park. Their proposal also includes private
fundraising for initial improvements and ongoing maintenance.
City staff has researched the pros and cons of dog parks; investigating other parks throughout the
County, as well as talking to the Orange County Animal Control. The City has found very few
negative aspects to a dog park and once the concept is approved an agreement will be negotiated
with the Dog Park Association outlining specific areas of responsibility. After careful review
and consideration, it was determined the best location for a dog park would be at Y orba Park
Councilman Alvarez asked about liability issues. The Director of Community and Library
Services reported they have found dog bite incidences to be a rare occurrence in parks such as
this. The City Attorney explained the City is responsible for the maintenance of the property, but
the dog owners are liable for the actions of their dogs.
Mayor Coontz asked about the process of establishing this park, and if this is just part of an
overall plan for Y orba Park. The Director of Community and Library Services eXplained there
will be a conceptual plan drawn up for the entire park and confirmed the dog park is just a part of
the entire six acres of Y orba Park.
Councilman Alvarez asked about the hours and staffing of the park. The Director of Community
and Library Services explained these issues will be outlined in the agreement with the Dog Park
Association, and there will be a strict code of conduct for both the dogs and their owners.
Mr. Brady McDonald, 628 E. Palmyra, spoke in support of a dog park.
Ms. Jeannine Lawrie, President of the Orange Dog Park Association, 2512 N. Shady Forest,
reported no taxpayer funds are being used to establish this dog park. Fundraising events and
community activities are being planned to raise money for the park.
Rick Cryder, 307 S. Wrightwood, member of the Orange Dog Park Association, spoke in support
of the dog park. He explained owners are responsible for the liability of their dogs and there will
be definite rules for dog behavior. They intend to conduct educational programs for the dogs at
the park as well as utilize it for recreational purposes, and suggested a memorial site for rescue
dogs killed in the line of duty.
In response to questions from the Council, Mr. Cryder explained they will separate the small
dogs from the large ones, which helps to minimize conflicts, and dogs that are allowed to run and
socialize have better dispositions with fewer problems. He also noted in addition to the dog
parks in Orange County there are nine other parks in Southern California, including Los Angeles,
and none of them encounter major problems.
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CITY COUNCIL MINUTES
August 22, 2000
7. ADMINISTRATIVE REPORTS (Continued)
John Thawley, 545 S. Orange, spoke in support of the dog park and read a poem written by his
dog "Trudy".
Bob Bennyhoff, 10642 Morada Drive, Orange Park Acres, spoke on the dog park.
Communications were received from the following people in support of a dog park:
Jonell Schlund
Debbie Friedman
Cynthia Morgan
Rhona _ slaughter @ hotmail.com
Communications were received from the following people in opposition to a dog park:
Pat Colin
Greg & Melanie Baxter
Jim Geisert
Delores Levers
The City Manager noted this is an important dimension to the entire park system. However,
there is no money allocated for a dog park in the current budget. If the Council approves this
concept, it is essential there be a comprehensive plan for the entire park, and staff can then
develop an appropriation plan.
Councilman Murphy noted a side benefit to dog parks is the opportunity for people to visit and
watch the dogs and interact with other people's dogs. He suggested the remaining part of the
park could be used for girls' softball as more attention needs to be drawn to girls' sports.
Mayor Coontz recommended the plans for the remaining portion of the park be addressed at a
later time.
Councilman Slater congratulated the Orange Dog Park Association for their perseverance m
bringing this concept forward, and asked for suggestions for a name for the park.
MOTION - Mayor Coontz
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to approve the concept of establishing a dog park at Yorba Park; and request the Park,
Planning and Development Commission to evaluate the park site and recommend a site plan for
the dog park.
8. REPORTS FROM CITY MANAGER - None.
9. LEGAL AFFAIRS - None.
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CITY COUNCIL MINUTES
August 22, 2000
10. RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY
11. RECESS TO CLOSED SESSION
The City Attorney announced the need to discuss the personnel appointment of the Community
Development Director at Closed Session.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved that the need to take action arose after the posting of the Agenda.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez
Moved to add the personnel appointment of the Community Development Director to the Closed
Session.
The City Council recessed at 5:35 P.M. to a Closed Session for the following purposes:
a. Conference with Legal Counsel pursuant to Government Code Section 54956.9(a) - existing
litigation:
Robertson v. City of Orange, Orange County Superior Court Case No. 815120.
Bergstrom v. City of Orange, Orange County Superior Court Case No. 817502.
b. 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 - None.
13. PUBLIC HEARINGS
13.1 CONDITIONAL USE PERMIT NO. 2328-00, RANDY AND ANN HARRIS:
(C3300 CUP 2328)
The public hearing on petition by Randy and Ann Harris to consider Conditional Use Permit No.
2328-00 to allow the construction of an accessory second housing unit in conjunction with the
construction ofa new residence located at 1802 N. Kimbark Lane was continued from June 27,
2000. NOTE: This project is categorically exempt from the provisions of the California
Environmental Quality Act.
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CITY COUNCIL MINUTES
August 22, 2000
13. PUBLIC HEARINGS (Continued)
NOTE: A letter was received from Randy and Ann Harris on July 10, 2000 requesting a
continuance of this item to September 12, 2000.
MOTION - Murphy
SECOND - Spurgeon
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez
Moved to continue the public hearing to September 12,2000.
13.2 WEED ABATEMENT HEARING (C2500.H.2)
Time set for a public hearing for the purpose of considering and hearing objections to the
proposed removal of weeds which constitute a public nuisance. Resolution No. 9320, adopted
by the City Council of the City of Orange on August 8, 2000, declares weeds a public nuisance
and initiates abatement proceedings.
The properties which constitute a public nuisance and must be abated by the removal of weeds
are:
· Vacant Lot at 421 S. Hill
Assessor's Parcel No. 393-342-04
· 800 E. Collins
Assessor's Parcel No. 386-261-24
· SIW corner of Chapman and Esplanade Assessor's Parcel No. 392-211-01, 53 and 54
NOTE: This property has since been abated by the removal of weeds
· Abandoned Railroad from Chapman to Fairhaven
MAYOR COONTZ OPENED THE PUBLIC HEARING.
THERE BEING NO SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING.
MOTION - Murphy
SECOND - Slater
AYES - Murphy, Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez
Moved to declare the following properties a nuisance and approve abatement by a private
contractor:
· Vacant Lot at 421 S. Hill Assessor's Parcel No. 393-342-04
· 800 E. Collins Assessor's Parcel No. 386-261-24
· Abandoned Railroad from Chapman to Fairhaven
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CITY COUNCIL MINUTES
14. PLANNING AND ENVIRONMENT - None.
15. ADJOURNMENT
MOTION - Murphy
SECOND - Slater
A YES - Murphy, Slater, Mayor Coontz, Spurgeon
ABSENT - Alvarez
The City Council adjourned at 7:10 p.m.
~~~
CASSANDRA 1. THCART, CMC
CITY CLERK
August 22, 2000
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