00-0705_CC_Minutes_Regular Meeting111
July 5, 2000
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85)
Council met in a Closed Session at 5.30 p.m. for the following purposes, as authorized by
statute:
Pursuant to Government Code Section 54957.6, the City Council will confer with its
Labor Negotiator (City Manager) regarding Terms and Conditions of Employment
(Management and Classified Employees)
2. Pursuant to Government Code Section 54956.9(b)(1), the City Council will confer with
its Legal Counsel regarding one matter.
RECESS UNTIL 7:00 P.M. BUSINESS SESSION.
The Regular Meeting of the City Council of the City of San Juan Capistrano, California, was
called to order by Mayor Campbell at 7:00 p.m. in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag. Invocation was given by Monsignor Paul Martin, Mission San
Juan Capistrano. The meeting was dedicated to Tom Trullis, owner of Solag Disposal
Company, who recently passed away.
ROLL CALL: PRESENT: Collene Campbell, Mayor
Wyatt Hart, Mayor pro tem
Diane Bathgate, Council Member
John Greiner, Council Member
David M. Swerdlin, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City
Manager; John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Russell,
Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas
Tomlinson, Planning Director; Amy Amirani, Public Works Director; Al King, Community
Services Director; Lt. Rick Stahr, Orange County Sheriffs Department.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS -
CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY
Mayor Campbell announced there were no actions to report from Closed Session.
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INTRODUCTION, PRESENTATIONS AND DONATIONS
PRESENTATION OF RESOLUTION OF COMMENDATION TO BEVILL
LANDSCAPE MANAGEMENT FOR THEIR RECYCLING EFFORTS (610.40)
Written Communications:
Report dated July 5, 2000, from the Principal Management Analyst, advising that
pursuant to the City's Source Recycling and Reduction Element an awards program had
been developed to publicly recognize businesses who have successfully integrated
waste reduction into their daily operations. The Report recommended recognizing Bevili
Landscape Management for their pro -active waste reduction and reuse efforts.
James S. Bevill was present to receive the Resolution of Commendation from Council
Member Bathgate.
2. RECOGNITION OF LONG-TERM EMPLOYEES 730.90
Written Communications:
Report dated July 5, 2000, from the Personnel Manager, advising that Maricella
Moreno, Recreation Coordinator had reached 20 years of services and Juliet Arvizu,
Administrative Secretary, had reached 15 years of service.
Mrs. Moreno and Ms. Arvizu were present to receive Certificates recognizing their years
of service to the City.
3. INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING (11010)
Mayor pro tem Hart introduced the following persons in attendance: Marie Buckner,
Joann deGuevara and Michelle Knorre, Housing Advisory Committee; David Hanson,
Transportation Commission; Ilse Byrnes, Parks, Recreation and Equestrian
Commission; former Mayors Gil Jones and Phillip Schwartze.
ORAL COMMUNICATIONS
(CITY COUNCILICOMMUNITY REDEVELOPMENT AGENCYICAPISTRANO
VALLEY WATER DISTRICT
TRAFFIC CHANNELIZATION - ORTEGA HIGHWAY/RANCHO VIEJO ROAD
590.50
Pat Bauer, Plaza Baja del Sol, asked that consideration be given to designating the right
lane on southbound Rancho Viejo Road at Ortega Highway a right -turn only lane, noting
the traffic back-up created by motorists who wish to proceed straight through the
intersection. Staff was directed to review the situation.
2. SPEED HUMPS - SADDLEBACK HOMES DEVELOPMENT (590.50
John Vicenzi, 32025 Via de Aguila, advised that in 1996 the Saddleback Homeowners
Association's request for speed humps in the development had been denied. He
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requested re-evaluation of their petition, noting that speed had increased and there were
more children in the neighborhood. He also noted there were numerous beer cans at
the entrance to the development. Staff and the Chief of Police were directed to meet
with him regarding his concerns.
CONSENT CALENDAR
It was moved by Council Member Hart, 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 Bathgate, Greiner, Hart, Swerdfin and
Mayor Campbell
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES OF JUNE 6, 2000
The Minutes of the Regular Meeting of June 6, 2000, were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF JUNE 15. 2000 (300.30)
The List of Demands dated June 15, 2000, in the total amount of $544,751.98, was
ordered received and filed.
4. APPROVAL OF AGREEMENT FOR GANG SUPPRESSION SERVICES
ORANGE COUNTY PROBATION AND ORANGE COUNTY SHERIFF'S
DEPARTMENTS (600.50)
As set forth in the Report dated July 5, 2000, from the Chief of Police Services, the
Agreement between the County of Orange and the cities of Dana Point, Laguna Niguel
and San Juan Capistrano for gang prevention and suppression services was approved
for a one-year period beginning July 1, 2000 and ending June 30, 2001, with the City's
share of the cost for services set at $31,088. The Agreement will be administered by the
County Probation Department.
5. APPROVAL OF AGREEMENT FOR GANG PREVENTION SERVICES
(COMMUNITY SERVICES_ PROGRAM. INC.) (600.30)
As set forth in the Report dated July 5, 2000, from the Chief of Police Services, the
Agreement with Community Services Program, Inc., to provide gang prevention,
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intervention and diversion programs for at -risk youth in the cities of San Clemente, Dana
Point and San Juan Capistrano, was approved for the one-year period beginning July 1,
2000 and ending June 30, 2001, with the City's share of the cost for services set at
$47,809.
6. APPROVAL OF AMENDMENT TO AGREEMENT FOR CROSSING GUARD
SERVICES ALL CITY MANAGEMENT SERVICES INC. 600.30
As set forth in the Report dated July 5, 2000, from the Chief of Police Services, the
Amendment to Agreement for crossing guard services, providing for a new one-year
term ending June 30, 2001 in an amount not to exceed $35,280, was approved.
7. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT - TRACT 15858 KAUFMAN AND BOARDNILLAGE ALIPAZ
PHASE 1) (600.30
As set forth in the Report dated July 5, 2000, from the Engineering and Building
Director, the Final Map and Subdivision Improvement Agreement for Tract 15858 were
approved for execution based on conformance to the requirements of the Subdivision
Map Act and the approved Tentative Tract Map conditions. The corresponding
securities were accepted. The City Clerk was directed to forward the documents to the
County Recorder.
8. APPROVAL OF AGREEMENT FOR CUSTODIAL MAINTENANCE SERVICES
VOCATIONAL VISIONS AND PACIFIC MAINTENANCE 600.30
As set forth in the Reportdated July 5, 2000, from the Public Works Director, three-year
agreements were approved beginning July 20, 2000 and ending July 10, 2003, with: (1)
Vocational Visions for maintenance of the Old Fire Station Buildings, Library, and Park
Restrooms in the amount of $128,540.16; and, (2) Pacific Maintenance for maintenance
of the City Hall Facilities, Community Center and Gymnasium in the amount of
$165,564.00.
9. APPROVAL OF FINAL PARCEL MAP 89-393,29192 COUNTRY HILLS ROAD
PEDICINI 420.70
As set forth in the Report dated July 5, 2000, from the Engineering and Building
Director, Final Parcel Map 89-393 was approved for recording based on its conformance
with the Subdivision Map Act and conditions of approval.
10. APPROVAL OF A FIVE-YEAR LAW ENFORCEMENT SERVICES
AGREEMENT FOR FISCAL YEARS 2000-01 THROUGH 2004-05 (600.50)
As set forth in the Report dated July 5, 2000, from the City Manager, the Five -Year
Agreement with the County of Orange for law enforcement services for fiscal years
2000-01 through 2004-05 was approved at a cost of $3,837,448 for Fiscal Year 2000-
01.
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- 11. RECEIVE AND FILE INVESTMENTS AS OF MAY 31. 2000 (350.30)
The City Treasurer's Report of Investments as of May 31, 2000, was ordered received
and filed.
12. INITIATION OF AMENDMENT TO SECTION 9-3.623 OF THE MUNICIPAL
CODE SPECIAL ACTIVITIES PERMITS GOVERNING THE TIME PERIOD
ALLOWED FOR CAR DEALERSHIPS' USE OF TENTS AND DISPLAYS
(420.3
0
As set forth in the Report dated July 5, 2000, from the Economic Development
Manager, the following Resolution was adopted initiating an amendment to the
Municipal Code to consider whether or not to allow modifications to the Special Activities
Permits regulations, noting that such action in no way implies future approval of the
proposal:
RESOLUTION NO. 00-7-5-1, INITIATING AN AMENDMENT TO
SECTION 9-3.623 OF THE MUNICIPAL CODE - SPECIAL ACTIVITIES
PERMITS -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SNAJUAN CAPISTRANO, CALIFORNIA, INITIATING AN AMENDMENT
TO SECTION 9-3.623 OF THE MUNICIPAL CODE, GOVERNING THE
TIME PERIOD ALLOWED FOR CAR DEALERSHIPS' USE OF TENTS
"T. hil Flyll 11.11 .mow
The following item was taken out of order from the agenda for the benefit of persons in the
audience.
ADMINISTRATIVE ITEMS
CITY MANAGER
CONSIDERATION OF CHANGING ANIMAL CONTROL AND SHELTERING
SERVICES (500.101600.50)
Written Communications:
(1) Report dated July 5, 2000, from the Principal Management Analyst, advising that
a request had been received from Capistrano Animal Rescue Effort (CARE) to
leave the County Animal Shelter in favor of a "pro-life" animal shelter or creation
of the City's own shelter. The Report advised that the City funds approximately
$80,000 per year from the General Fund for shelter services with the County.
A proposal was included from the Coastal Animal Shelter Authority (CASA)
located in San Clemente. The option that most closely met the current services
received from the County, including acceptance of livestock, large exotic pets
and owner -relinquished pets, would require an initial buy -in cost of $490,000 and
annual services costs of $454,350. For that reason, the Report recommended
that staff be directed to work with the Capistrano Animal Rescue Effort and
County Animal Control to develop a system to relinquish the unadopted animals
to the Capistrano Animal Rescue Effort's responsibility.
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(2) Letters supporting establishment of a humane animal shelterwere received from
the following:
Ruth Duncan, 227509 Paseo Toluca
Barbara & Margie Williams, 29396 Cherrywood Lane
Grey Sykes, 32171 Paseo de Manuel
Sylvia Heinsbergen, 31092 Via EI Rosario
Rebecca Sawyer, 27703 Ortega Highway, #58
Cathleen Biannon, 28141 Via Rueda
Joseph Cortese, 31401 Camino Capistrano
Goldee Cortese, 27389 Paseo Sienna
Stephen Hebert, 25931 Calle Ricardo
Marla Chappeliar, 30882 Paseo EI Marmol
Thomas & Jean Janicki, 27647 Paseo Alondra
Marvin & Ruth Rosen, 27052 Calle Esperanza
Rebecca Timmins, 27772 Paseo del Sol
Arlene Martin, 32942 Paseo Miraffores
Stephen & Cynthia Kane, 31372 Via Parra
Connie Barker, 28442 Calle Mira Monte
Sue Austin, 31501 Aguacate
Audrey Copeland, 32742 Alipaz #59
Maxine Mitchell, 32742 Alipaz #32
Elizabeth Roberts, 32742 Alipaz #139
Ralph & Barbara Davidson, 32742 Alipaz #142
Kathleen Rudel, 32742 Alipaz #152
The Principal Management Analyst made an oral presentation, providing background
information and reviewing the proposal for services submitted by the Coastal Animal
Shelter Authority. He reviewed financial issues involved in changing shelter services
and noted that recent legislation (Senate Bill 1785) required animal shelters to work with
humane groups to end euthanasia of adoptable animals. He felt it would be possible
for a model rescue program to be developed that would yield cost-effective animal
control services with the lowest euthanasia rates.
Public Input:
(1) Marshal Schwartze, 31211 Casa Grande Drive, felt that this was one of the least
controversial issues to come before Council. She stated she continued to hear
about inhumane treatment of animals at the County shelter; and noted that when
she first began requesting the change in 1996, it had been much more financially
feasible. She further stated her feeling that pets are considered family members
and since it was their safety being discussed, they should meet the criteria for
use of City funds on public safety. She stated that CARE did not expect the City
to bear the entire burden alone; that they would work with the City in establishing
the facility, recruiting the volunteers and raising the money necessary to offset
the City's obligations.
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(2) David Hanson, 31171 Calle del Campo, felt that the staff report laid the
groundwork for a good relationship and that working together, the issues could
be resolved in an equitable manner over the years.
(3) Lon Uso, Chairman of CARE, 31302 Via Las Palmas, stated that in the past their
goal had been to take over the services now provided by the County. They had
investigated existing facilities; i.e., Mission Viejo and San Clemente, which were
either unavailable or too expensive. He stated that while the County may doing
the best they could with their available resources, the City could do better. He
felt the best course findncially was to maintain the animal services contract with
the County and start a local humanitarian shelter. For that reason CARE
supported the staff recommendation with the three additions: (1) search for a
City -owned and accessible piece of land that the City could donate or lease for
building the shelter; (2) that one Council Member participate in the process with
staff and CARE to achieve direct communication; and, (3) that this project be put
on the agenda in 3 months to assess and discuss their progress. He presented
a petition containing 150 signatures in support of CARE's goals.
(4) Jean Janicki, 27647 Paseo Alondra, also presented a petition containing
approximately 100 signatures. She indicated she had helped with fund-raising
in the surrounding cities and had rescued many animals. She stated she would
volunteer in any capacity and that she did not expect the City to take money
from other projects; however, residents think this could be done.
(5) Ruth Duncan, 27509 Paseo Toluca, stated that she had volunteered at the
Orange County Animal Shelter and told of her first-hand experiences with the
treatment of animals in custody at the Shelter. She further discussed what she
felt were more realistic cost figures than those presented by the San Clemente
Shelter. She also noted that San Diego County had adopted a no -kill policy for
the County as a whole in the next 5 years. She stated that each City had the
option of paying for additional time before animals were euthanasied.
(6) Gale Darter, 33781 Limerick Lane, described his visit to the Orange County
Animal Shelter when looking for an animal to adopt. He noted that CASA did not
accept owner -relinquished animals so many pets were frequently abandoned.
He stated he would be willing to pay to register his cat. He advised that Australia
requires animals to be identified through microchips.
(7) Gil Jones, 31791 Los Rios Street, noted that his business was permitted by the
Orange County Health Department and inspected by the Orange County Animal
Shelter on a regular basis; further, that they had always been courteous and
thorough. He supported the staff recommendation; felt that the community could
support financing an animal shelter facility; and, felt the City might be able to
provide a place to establish a facility. He noted that there are many other
animals besides dogs and cats that need the services of an animal facility.
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Council Comments:
In response to Council Member Swerdlin, Hal Mahoney, Interim Director of the Orange
County Animal Control, indicated that many improvements had been made but there
were many more to be accomplished. He indicated his desire to cooperate with the
City; noted that a new facility would be available in Tustin in 2003; and, described his
goals for their new website.
Council Member Hart indicated his support for the staff recommendation and suggested
that the committee include the County, CARE, Staff and a Council Member to
coordinate information to develop a program that would be acceptable to everyone.
Council Member Swerdlin concurred and volunteered to participate on the committee.
Direction to Staff:
It was moved by Council Member Hart, seconded by Council Member Greiner and
unanimously carried that staff be directed to meet with representatives of CARE and
Orange County Animal Control to pioneer a rescue program for unwanted animals; that
a committee consisting of Council Member Swerdlin, and representatives of CARE and
the County be formed to coordinate information to develop the program; and, that staff
and CARE representatives meet to develop a course of action prior to meeting with the
County and report to Council within 90 days on their progress.
RECESS AND RECONVENE
Council recessed at 8:10 p.m. and reconvened at 8:20 p.m.
PUBLIC HEARINGS
ADOPTION OF FISCAL YEAR 2000-01 OPERATING BUDGET (CONTINUED
FROM JUNE 20 2000) (330.20
Proposal:
Continued consideration of the Fiscal Year 2000-01 Operating Budget.
Written Communications:
(1) Report dated July 5, 2000, from the Administrative Services Director,
recommending adoption of the budget.
(2) Memorandum dated July 3, 2000, from the Administrative Services Director,
providing information regarding purchase of laptop computers for Council
Members and advising that a report would be provided upon once staff had
completed their research into the possibility of initiating a paperless agenda
packet.
The Administrative Services Director made an oral presentation, advising that pursuant
to previous direction, the mounted posse program had been deleted; and, a program
to recognize significant contributions to the community and the slurry seal of streets in
the Los Corrales development had been included.
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Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the public
hearing, and there being no response, closed the public hearing.
Council Comments:
Council Member Greiner suggested consideration be given to use of palm pilots for
email and calendar connections, whether in conjunction with laptops or alone, including
evaluation of wireless connectivity access. Council Member Swerdlin also suggested
inclusion of funding for a sound study in the Olson project in order to compare the sound
consultant's projected levels with actual levels. He also asked that staff evaluate the
inclusion of funding to enable community families to decorate the City's Christmas tree.
The City Manager suggested that the budget be adopted in its present form and staff
be given an opportunity to evaluate the suggestions and provide the framework for a
future Council decision.
Adoption of Budget:
It was moved by Council Member Hart, seconded by Council Member Swerdlin that the
following Resolution be adopted, approving the Fiscal Year 2000-01 Budget and
authorizing expenditures of $23,214,876:
RESOLUTION NO. 00-7-5-2, ADOPTION OF FISCAL YEAR 2000-2001
OPERATING BUDGET -A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A
PROPOSED OPERATING BUDGET AND AUTHORIZING
EXPENDITURES AND APPROPRIATIONS RELATED THERETO
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES: None
ABSENT: None
Staff was directed to evaluate the use of laptops and palm pilots; the effectiveness of
a sound study at the Olson project; and, a program to allow local families to decorate
the City Christmas tree.
2. ADOPTION OF 2000-2007 CITY SEVEN-YEAR CAPITAL IMPROVEMENT
PROGRAM (CONTINUED FROM JUNE 20. 2000) (330.40)
Written Communications:
Report dated July 5, 2000, from the Engineering and Building Director, recommending
adoption of the budget.
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The Engineering and Building Director made an oral presentation, noting that the Los
Corrales slurry seal would be included in the 2000-01 project budget in the amount of
$72,000 from General Fund Reserves.
Public Hearing:
Notice having been given as required by law, Mayor Campbell opened the public
hearing, and there being no response, closed the public hearing.
Adoption of Budget:
It was moved by Council Member Hart, seconded by Council Member Swerdlin that the
following Resolution be adopted:
RESOLUTION NO, 00-7-5-3, ADOPTING_ 2000-2007 CAPITAL
IMPROVEMENT PROGRAM AND AUTHORIZING EXPENDITURES -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING APPROPRIATIONS AND
AUTHORIZING EXPENDITURES RELATED TO THE 2000-2007
SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM
The motion carried by the following vote:
AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and
Mayor Campbell
NOES: None
ABSENT: None
The Resolution authorized the following expenditures:
Fiscal Year
Authorized Expenditures
2000-2001
$13,400,528
2001-2002
$ 7,463,700
2002-2003
$ 5,590,500
2003-2004
$ 4,604,000
2004-2005
$ 7,382,050
2005-2006
$ 7,123,600
2006-2007
$ 8,633,000
Total
$54,197,378
RECESS AND RECONVENE
Council recessed at 8:40 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and the Capistrano Valley Water District, and reconvened at 8:57 p.m.
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ADMINISTRATIVE ITEMS (CONTINUED)
PLANNING DIRECTOR
REVIEW OF THE ANNUAL REPORT ON THE STATUS OF THE GENERAL
PLAN (440.25)
Written Communications:
Report dated July 5, 2000, from the Planning Director, forwarding the 1999-2000 Annual
Report on the Status of the General Plan, prepared in accordance with State law.
Approval of Report:
It was moved by Council Member Swerdlin, seconded by Council Member Hart and
unanimously carried to approve the 1999-2000 Annual Report on the Status of the
General Plan for transmittal to the California Department of Housing and Community
Development.
ENGINEERING AND BUILDING DIRECTOR
APPROVAL OF STORM WATER PROGRAM AND MANAGEMENT SERVICES
BY CATHCART GARCIA VON LANGEN (CGvL) (550.401600.30)
Written Communications:
Report dated July 5, 2000, from the Engineering and Building Director, advising that
recent issues involving legislative changes and increased Regional Water Quality
Control Board activity requires the City to become more aggressive in assuring that all
possible mitigation measures are in place to avoid negative impacts of urban run-off as
it flows to the ocean. The Report described a 3-phase program and a recommendation
for consultant services to assist in storm water compliance issues.
The Engineering and Building Director made an oral report.
Concurrence with Proposed Program:
It was moved by Council Member Hart, seconded by Council Member Swerdlin and
unanimously carried to concur with the proposed program and the selection of CGvL
Engineers, one of the previously -approved design team consultants, to provide Storm
Water Program and Management Services.
ORDINANCES - None
COUNCILMANIC ITEMS
1. RECOMMENDATIONS FROM THE WALL OF RECOGNITION COUNCIL SUB-
COMMITTEE (210.101610.30)
Written Communications:
Report dated July 5, 2000, from Subcommittee Members Campbell and Swerdlin,
recommending that a plaque be created for display in the Community Center, naming
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all individuals who have service on City Commissions, Board and Committees since the
City's incorporation in 1961. The Subcommittee further recommended creation of a new
Council Policy which develops a program to recognize individuals whose contributions
and selfless efforts have made the City a more productive and enjoyable place to live,
work and play.
Council Discussion:
Council Member Swerdlin provided an overview of the proposed program, noting that
the Wall of Recognition would recognize the contributions of residents such as Al
Simmons and Gerald Gaffney.
Approval of Plague and Council Policy.,
It was moved by Council Member Swerdlin, seconded by Council Member Hart and
unanimously carried to approve the creation of a Plaque to commemorate City
Commissioner, Board Member and Committee Member Service and to approve the City
Council Policy creating the Wall of Recognition Program.
ORAL_ REPORTS OF OUTSIDE AGENCIES
Southeast Regional Reclamation Authority SERRA) (1040.60
Council Member Hart noted that a recommendation from SERRA to sell the
administrative building on Rancho Viejo Road would be coming to the City Council.
COUNCIL. COMMENTS - None
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:12 p.m.
to the next regular meeting date of Tuesday, July 18, 2000, at 5:30 p.m. in the City Council
Chambers.
Respectfully submitted,
6-,�2
--
CHERYL JO SO ITY CLERK
ATTF-qT-
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