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00-0104_MOULTON NIGUEL WATER DISTRICT_License AgreementRECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: City of San Juan Capistrano City Clerk's Office 32400 Paseo Adelanto San Juan Capistrano, CA 92675 i Exempt from Recording Fees Pursuant to Government Code Section 6103 - Govt' Agency Cheryl Johnson, Cletk Sari Juan Capistrano, California 0 Recorded in the County of Orange, California Gary L Granville, Clerk/Recorder No Fee 20000023850 12:51PM 01/13/00 004 00028083 110 18 003 09 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Doc Types: 003 \CC (1 `Je A�)6ep (r -Q STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the document entitled "License for Sewer Connection Between Licensor Moulton Niguel Water District and Licensee the City of San Juan Capistrano Assessor Parcel Number 650-011032." (SEAL) c6e:�� Qilti Cheryl Johnso Ci Clerk San Juan Capistrano, California DATED: This 4th day of January, 2000 0 • LICENSE FOR SEWER CONNECTION BETWEEN LICENSOR MOULTON NIGUEL WATER DISTRICT AND LICENSEE THE CITY OF SAN JUAN CAPISTRANO ASSESSOR PARCEL NUMBER 650-011032 (Gateway Community Church) THIS LICENSE is made and entered into this4-/h day offahva r4-2000, by and between MOULTON NIGUEL WATER DISTRICT, hereinafter referred to as "MNWD", formed and existing pursuant to the California Water District Law, Division 13 of the Water Code of the State of California, and the CITY OF SAN JUAN CAPISTRANO, a municipal corporation of the State of California, hereinafter referred to as "sic". A. SJC has approved the development of an 11.46 acre parcel which comprises the "Gateway Community Church" and a buildable pad for future commercial use, all of which are hereinafter referred to as "the Church Property". Such approval was authorized by adoption of SJC Planning Commission Resolutions No. 97-5-6-5, 97-5-64, 97-7-22-1 and 98-3-10-1 (the "Resolutions"), which are incorporated in this License by this reference. B. All of the Church Property is located in SIC, but not within the boundaries of MNWD. C. SJC does not have a sewer system that can accommodate the wastewater output of the Church Property, nor could SJC accommodate any wastewater output from the Church Property without the construction of a major pumping facility and force main sewer pipeline. D. SJC desires that MNWD provide wastewater dispoal facilities for use by SIC for SJC's sewer service to the Church Property. E. As an accommodation to SIC, MNWD agrees to grant to SJC a license to permit the Church Property to dispose of wastewater generated by use of such property into the MNWD sewer system described specifically in this License. IN CONSIDERATION of the promises and mutual covenants contained herein, the parties agree as follows: BA W &G/pbg/ke/60813.3 12004 S 1 10/ 18/99 DrBII 2 0 1. License. MNWD agrees SJC has the right and license to permit the Church Property to dispose of its wastewater into the MNWD sewer system described in this License, subject to the following terms and conditions. To the extent there are any existing connections to MNWD's sewer system currently used by the Church Property (or, by parcels adjacent and/ or related to such property) , the terms and conditions of this License are made applicable to such existing connections and parcels. 2. L &tion of Connection. The connection between MNWD's 8 -inch sewer main pipeline (the "MNWD Sewer Pipeline") and the proposed 8 -inch sewer lateral pipeline servicing the Church Property (the "SJC Sewer Pipeline") shall be at the existing sewer manhole located at the intersection of Via Escolar and Rancho Viejo Road. The general location of the point of connection is depicted on Exhibit "A". The final, specific location shall be approved by the Director of Engineering of MNWD prior to any construction. 3. Maintenance of the SJC Lateral Service Pipeline. The construction, operation and maintenance of the SJC Sewer Pipeline servicing the Church Property shall be the responsibility of SJC, and such activity shall not materially affect or interfere with MNWD's continued use of the MNWD Sewer Pipeline, or any other sewer facilities owned, operated or used by MNWD. 4. Capaciand Units Served. SJC agrees that no buildings other than too commercial structure(s) of approximately 9, 5o.3 square feet and 16 4 2 square feet, as approved by the Resolutions, will be served through the sewer connection and the MNWD Sewer Pipeline. SJC further agrees that no additional buildings or structures of any kind will be served by the sewer connection or the MNWD Sewer Pipeline without the prior written permission of MNWD. SJC acknowledges that at all times, SJC flows in the MNWD Sewer Pipeline will be subservient to the requirements of MNWD. 4.1 Wastewater Treatment. SJC's treatment capacity at the SERRA Treatment Plant shall be used for treating the wastewater from the Church Property and SJC shall include such flow in SJC's report of flows to the SERRA Treatment Plant. 5. Fees. SJC agrees that prior to, or concurrently with, the MNWD Director of Engineering's approval of the connection location referred to in Section 2 above, SJC shall collect connection fees from the Church Property and pay MNWD all applicable sewer connection fees in amounts set forth by the MNWD Sewer Connection Fee Schedule current at that time. 6. Compliance with Rules and Regulations. SJC agrees to comply with and abide by, and to cause the developer and owner/operator of the Church Property, to comply with and abide by, all rules and regulations of MNWD and those imposed by any governmental authority or public agency relating to the SJC Sewer Pipeline, the MNWD Sewer Pipeline and sewer service to the Church Property. SJC further agrees that it shall meet all wastewater discharge requirements and conditions of any applicable NPDES permits and all MNWD/South East Regional Reclamation Authority pre-treatment ordinances and permits to ensure that the Church BA W &G/pbg/ke/60813.3 12004 S 1 10/18/99 Draft 2 -2- Property's wastewater delivered to the MNWD Sewer Pipeline is free of any substance which would preclude MNWD from meeting and complying with any waste discharge requirements or any condition of any applicable NPDES permits and pre-treatment ordinances and rules. SJC agrees that for purposes of ensuring such compliance, SIC is the enforcing agency should any enforcement action be necessary as to the Church Property, and that any sewage spills as a result of operation of the SJC Sewer Pipeline and the sewer connection shall be SJC's sole responsibility, including all cleanup, reporting and other requirements that apply under state and federal law and local rules and regulations. 7. Indemnity. SJC agrees to indemnify and hold harmless MNWD and its directors, officers, employees and agents from any and all claims, costs, liabilities or damages incurred by MNWD arising out of or resulting from, or in connection with, the provision of sewer service to the Church Property by SJC, including but not limited to penalties or fines imposed by a regulatory agency and/ or court. In the event any claim or legal action is asserted against MNWD as a result of, or any regulatory proceeding is conducted relative to, SJC's sewer service to the Church Property, SJC agrees that it shall defend the interest of MNWD and shall be responsible for the payment of any fines or penalties, and for satisfaction or judgment, whether by decree, settlement or court order, including but not limited to any penalties or fines imposed by a regulatory agency, or through any regulatory proceeding. 8. Grant Funding. The parties acknowledge that portions of MNWD's Oso Trabuco Interceptor Sewer (the "Interceptor") were funded by grants from the United States Environmental Protection Agency (EPA) and the State Water Resources Control Board (SWRCB), and that the MNWD Sewer Pipeline connects to the Interceptor. In the event the EPA or SWRCB questions, challenges, or in any other manner raises doubts as to the utilization of the MNWD Sewer Pipeline by SJC, or requests refunding of any prior grant funds by reason thereof, SJC agrees that it shall disconnect the SJC Sewer Facilities from the MNWD Sewer Pipeline immediately upon written request by MNWD. 9. Termination - Health and Safety. In addition to the termination right set forth in Section 8, in the event MNWD determines the continued acceptance of wastewater from the Church Property to the MNWD Sewer Pipeline raises health or safety concerns, MNWD shall have the right to terminate this License upon six (6) months prior written notice to SJC; provided, in the event of a health or safety emergency, or regulatory mandate, MNWD will be required to provide only that prior notice reasonably possible under the circumstances. 10. Attorney's Fees. If either parry hereto commences any action to enforce any provision of this License, the prevailing party shall be entitled to receive from the other party, in addition to damages, equitable or other relief, all costs and expenses incurred, including reasonable attorney's fees. 11. Successors:Assigmnent. This License will be binding upon and inure to the benefit of the parties' successors hereto. SJC shall not assign its rights and obligations hereunder without the prior written notice to, and the written consent, of MNWD. 8AW&G/pbVke/60813.3 12004 S 110/18/99 Draft 2 -3- 12. Waiver. The failure of either parry to insist on compliance with any of the terms, covenants, or conditions of this License by the other party shall not be deemed a waiver of such terms, covenants or conditions, nor shall any waiver or relinquishment of any right or power conferred by this License at any other time, or times, by a party be deemed a waiver or relinquishment of that right or power for all or any other times. 13. Severability. If any part of this License is held to be illegal or unenforceable or void for any reason by a court of competent jurisdiction, the validity of enforceability of this License as a whole shall not be affected and the remainder and all other provisions of this License shall be given affect to the maximum extent permissible by law. 14. Entire Agreement. This License supersedes any and all agreements between the parties with respect to the subject matter herein, and contains the entire agreement between the parties with respect to those matters. 15. Amendment. No addition to or modification of any provision contained in this License shall be effective unless fully set forth in a writing signed by both parties. 16. Notice. Any notice required or permitted to be given hereunder shall be deemed to have been validly or given or made only if in writing and when received by the parry to whom it is directed by personal service, hand delivery, or United States Mail as follows: If to MNWD: Mr. Carlo Habash, Director of Engineering Moulton Niguel Water District 27500 La Paz Road Laguna Niguel, CA 92677 If to SJC: Mr. William Huber, Director of Engineering and Building City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Either party may change its address above at any time by written notice to the other. 17. Recitals/Exhibits: Counterparts. The Recitals are incorporated in this License. The Exhibits referenced in this License and attached to this License are incorporated herein. This License may be executed in counterparts, each of which shall be deemed an original. BAW&G/pbg/ke/60813.3 12004 S 1 10/18/99 Draft 2 -4- IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date first written above. APPROVED AS TO FORM: Patricia B. Giannone, General Counsel APPROVED AS TO FORM: John Sha , City Attorney BAW&G/pbg/ke160813.3 12004 S 1 10118199 Draft 2 CITY OF UM ATTEST: CAPISTRANO By: �`�y✓Jti City Cler -5- CALIFORNIA ALL-PURIE ACKNOWLEDGMENT • State of Cal; - ")r h 10. County of Orn f2je On Decernloe1— 1(0, 1gg9 beforeme, Vajerte, L. Gavin, t�lotary P1,b�1c, Dale f Name and Tdle of Dt , te.g l -Jane Doe, Nom — tary P lic�) personally appeared J Name(s) of Signers) -j �Q personally known to me – OR – ❑ to be the person(g) whose nameos/4ffisubscribed to the within instrument and acknowledged to me that he/she he xecuted the same in his/heheir uthorized capacit le , and that by his/he hei signature(E) on the instrument the person(s), LIN 9 17 or the entity upon behalf of which the persortos acted, CartlMubn i 110170iS N 0kWPtA*—C0ff0Mb _ executed the instrument. olicilinge 61MV0J"" �a= WITNESS my hand and official seal. �Q Q2�tt2. r�C �/rinn�vc.. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: L t ce n 5e, For• Sewer C.ornne c-Jlon Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: ❑ El El Ll El Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1994 National Notary Association • 8236 Rommel Ave., P.O. Box 7184 • Canoga Park, CA 913094184 Prod. No. 507 Reorder: Call Toll -Free 1-800-876682] 0 0 I 1 EXHBIT A PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On Januaa 4, 2000 before me, Cheryl Johnson , City Clerk, personally appeared - Collene Campbell -- personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. a - WITNESS my hand and official seal. Capacity Claimed by Signer Municipal Corporate Officer Mayor Title Signer is Representing City of San Juan Capistrano OPTIONAL Description of Attached Document License for Sewer Connection with Moulton Niguel Water District Title or Type of Document Number of Pages January 4, 2000 Date of Document Moulton Niguel Water District Signer(s) Other Than Named Above , 1 Capacity Claimed by Signer Municipal Corporate Officer Mayor Title Signer is Representing City of San Juan Capistrano OPTIONAL Description of Attached Document License for Sewer Connection with Moulton Niguel Water District Title or Type of Document Number of Pages January 4, 2000 Date of Document Moulton Niguel Water District Signer(s) Other Than Named Above F 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 4931053 (FAX) January 6, 2000 Mr. Carlo Habash Moulton Niguel Water District 27500 La Paz Road Laguna Niguel, California 92656 �� IPI�OIIIA�1 unwvu 1961 1776 Re: License for Sewer Connection Dear Mr. Habash: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER MATT HART GILJONES DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH At their meeting of January 4, 2000, the City Council of the City of San Juan Capistrano approved a License Agreement with the Moulton Niguel Water District to accommodate the waste water output from the Gateway Community Church being constructed on Rancho Viejo Road. A fully -executed copy of the agreement is enclosed for your files. A copy has been forwarded to the Orange County Recorder's Office. Please feel free to contact Sam Shoucair, project manager, at 443-6355 if you have any questions. Very truly yours, 1 Cheryl Johns n City Clerk Enclosure cc: Gateway Community Church Resco Properties Fuscoe Engineering Engineering and Building Director (with copy of enclosure) Sam Shoucair (with copy of enclosure) San Juan Capistrano: Preserving the Past to Enhance the Future 0 0 AGENDA ITEM January 4, 2000 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Consideration of License Agreement to Accommodate the Waste Water Output of the Gateway Community Church (Moulton Niguel Water District) RECOMMENDATION By motion: Approve the License Agreement for Sewer Connection Between Moulton Niguel Water District (MNWD) and the City of San Juan Capistrano (CITY). 2. Authorize the Mayor and City Clerk to execute the License Agreement for Sewer Connection Between MNWD and the CITY. 3. Authorize the City Clerk to forward the License Agreement to the Orange County Recorder. SITUATION A. Summary and Recommendation Resco Development, the current owner/developer of the property known as Gateway Community Church, located at 29552 Rancho Viejo Road, has submitted a request to the CITY and MNWD to accommodate the anticipated waste water output of its proposed development. In order to service this property, a License Agreement between MNWD and the CITY (Attachment 1) is necessary to allow the subject property to dispose of its sewage output into the MNWD sewer system. The License Agreement, as well as the improvement plans, have been reviewed by the Engineering Staff and MNWD and were found to be in compliance with the applicable standards and specifications. All appropriate fees and bonds have been paid/ posted with the City and MNWD. Therefore, Staff recommends the approval of the License Agreement. FOR CITY COUNCIL AGEND4/---- 31,5 0 AGENDA ITEM January 4, 2000 Page 2 B. BACKGROUND The subject property is located along our City's northerly boundary. Due to the existing Rancho Viejo Road topography, this small area of town has no means of conveying, by gravity, its sewage output into the CITY's sewer system. In order for the CITY to provide sewer service to the subject property, a sewer pump station and pipeline system would have to be constructed along Rancho Viejo Road. The developed properties within this area are currently being serviced by the MNWD's existing sewer main line along Via Escolar. The closest available point of connection to a sewer system for the subject property is the MNWD sewer manhole, located just north of the subject property, at the intersection of Rancho Viejo Road at Via Escolar. In order to be served by means of a gravity flow transmission, this development will have to construct, at its own cost, an 8 inch sewer main pipeline, approximately 1,000 feet long along Rancho Viejo Road, from the existing point of connection manhole to the subject property. This alternative will eliminate the need to construct and maintain a sewer pump station system. In order to allow the subject property to connect to MNWD's sewer system, a License Agreement between the CITY and MNWD is necessary. This agreement will confirm the MNWD's acceptance of the sewer output from a property in San Juan Capistrano, outside the MNWD's service boundary. COMMISSION REVIEW, RECOMMENDATIONS The Gateway Community Church project has been previously reviewed and approved by the Environmental Administrator, Transportation Commission, Design Review Committee, Planning Commission and City Council. FINANCIAL CONSIDERATIONS All applicable fees related to the subject development have been paid and the required sureties posted with the City and MNWD. There is no cost to the CITY or MNWD associated with the construction of the proposed public sewer system. NOTIFICATION Carlo H. Habash, MNWD Ron Soderling, Resco Development Dino Capannelli, Fuscoe Engineering Pastor Jim Tracey, Gateway Community Church 0 AGENDA ITEM January 4, 2000 Page 3 ALTERNATE ACTION By motion: 41 1. Approve the License Agreement for Sewer Connection. 2. Do not approve the License Agreement for Sewer Connection. 3. Refer to Staff for additional information. RECOMMENDATION By motion: 1. Approve the License Agreement for Sewer Connection Between Moulton Niguel Water District (MNWD) and the City of San Juan Capistrano (CITY). 2. Authorize the Mayor and City Clerk to execute the License Agreement for Sewer Connection Between MNWD and the CITY. 3. Authorize the City Clerk to forward the License Agreement to the Orange County Recorder. Respectfully Submitted, Prepared by Wi iam M. Huber, P.E. aVh r Director, Engineering & Building Senior Engineer WMH/SS:ssg Attachments 1. License Agreement for Sewer Connection 2. Location Map C:\WPWIN60\WPDOCSWGENDA\MNWD.SWR �• CANp LA MMB %'` / 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) January 6, 2000 Clerk -Recorder's Office County of Orange P. O. Box 238 Santa Ana, California 92701 004 00028083 000 09 0 0.00 0 0.00 0.00 Doc Types: 003 MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN GREINER MATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER ccnRGE SCARBOROUGH County of orange, California Clerk/Recorder No Fee 20000023850 12:51PM 01/13/00 110 18 .00 0.00 0.00 0.00 0.00 CONFORMED COPY Not Compared with Original Re: License Agreement - Moulton Niguel Water District (Gateway Community Church) Gentlemen: The following document is enclosed for recordation: License Agreement for Sewer Connection between the City and the Moulton Niguel Water District (Gateway Community Church) When placed of record, please return said document to this office. A duplicate copy of this letter is enclosed. Please stamp Document Number and date of recording on the letter and return it to this office in the enclosed, stamped, self-addressed envelope at your earliest convenience. Thank you for your cooperation. Very truly yours, (/2=-�1/%?/J0., Cheryl Johnson City Clerk Enclosure Document Number Date San Juan Capistrano: Preserving the Past to Enhance the Future 9 • Cultural Heritage Commission; Ed Johnson, Planning Commission; Al and June Simmons; and former Mayor Philip Schwartze. ORAL COMMUNICATIONS (CITY COUNCIUCOMMUNITY REDEVELOPMENT AGENCY) None CONSENT CALENDAR It was moved by Council Member Jones, seconded by Council Member Greiner, that the Staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Council Members Jones, Greiner, Swerdlin and Mayor Campbell NOES: None ABSENT: Council Member Hart MOTION TO READ BY TITLE ONLY The Reading of all Ordinances by title only was approved. 2. APPROVAL OF CITY COUNCIL MINUTES The Minutes of the Regular Meeting of November 16, 1999, and the Minutes of the Regular Meeting of December 7, 1999, were approved as submitted. 3. RECEIVE AND FILE WARRANTS OF NOVEMBER 18. 1999. DECEMBER 2. 1999 AND DECEMBER 16. 1999 (300.30) The List of Demands dated November 18, 1999, in the total amount of $1,065,699.63; the List of Demands dated December 2,1999, in the total amount of $1,053,936.68; and the List of Demands dated December 16, 1999, in the total amount of $1,066,479.87, were ordered received and filed. 4. RECEIVE AND FILE CASH BALANCES BY FUND FOR MONTH ENDING OCTOBER 30. 1999 (330.50) 5. The City Treasurer's Report of Cash Balances by Fund for the month ending October 30, 1999, was ordered received and filed. NIGUEL WATER DISTRICT)(600.50) n As set forth in the Report dated January 4, 2000, from the Engineering and Building Dirertor, the License Agreement for a sewer connection between Moulton Niguel Water District and the City of San Juan Capistrano was approved to allow the property at City Council Minutes -2- 1/4/00 0 29552 Rancho Viejo Road to dispose of its sewage output into the Moulton Niguel Water District sewer system. The Mayor and City Clerk were authorized to execute the License Agreement. The City Clerk was directed to forward the License Agreement to the County Recorder for recordation. 6. RECEIVE AND FILE STATUS REPORT OF NEW DEVELOPMENT APPLICATIONS (440.10) The Report dated January 4, 2000, from the Planning Director, advising that eight new applications had been received since the last Report on November 16, 1999, was ordered received and filed. APPROVAL OF EXPANDING PLAN CHECK, DESIGN AND GEOTECHNICAL CONSULTANT LIST TO INCLUDE THREE ADDITIONAL FIRMS (KFM ENGINEERS/ COTTON SHIRES AND ASSOCIATES, INC./ DAVID H. LEE AND ASSOCIATES)(600.30) As set forth in the Report dated January 4, 2000, from the Engineering and Building Director, the Consultant Agreements of KFM Engineers, Cotton, Shires and Associates, Inc., and David H. Lee and Associates, Inc., were approved for inclusion on the City's plan check, design and geotechnical team. 8. AUTHORIZATION TO UPGRADE ADMINISTRATIVE SECRETARY POSITION TO AN ADMINISTRATIVE ASSISTANT POSITION (700.20) As set forth in the Report dated January 4, 2000, from the City Manager, the upgrade of the position of Administrative Secretary to Administrative Assistant in the Engineering and Building Department was authorized. 9. ADOPTION OF RESOLUTION APPROVING DISABLED PARKING SPACE ON PASEO SANTA CLARA EAST OF AVENIDA DE LA VISTA (570.30) As set forth in the Report dated January 4, 2000, from the Engineering and Building Director, the following Resolution approving installation of a disabled parking space as an indefinite, temporary conditions as long as specified criteria were met, was adopted: AVENIDA DE LA VISTA- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING A "DISABLED PARKING" ZONE ON THE SOUTH SIDE OF PASEO SANTA CLARA EAST OF AVENIDA DE LA VISTA 10. RECEIVE AND FILE INVESTMENTS FOR MONTHS ENDING OCTOBER 31, 1999 AND NOVEMBER 30. 1999 (350.30) The City Treasurer's Report of Investments for Months ending October 31, 1999 and November 30, 1999, was ordered received and filed. City Council Minutes -3- 114100