CC MINS 20000815MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
AUGUST 15, 2000
The meeting was called to order at 6:00 P.M. by Mayor Byrd at Fred Hesse Community
Park, 29301 Hawthorne Boulevard and was immediately recessed into a closed session
per the Brown Act Checklist. At 7:08 P.M. the meeting reconvened. After the Pledge of
Allegiance, roll call was answered as follows:
PRESENT: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
ABSENT: None
Also present were City Manager Les Evans, Assistant City Manager Carolynn Petru;
City Attorney Carol Lynch; Director of Planning, Building, and Code Enforcement Rojas;
Director of Public Works Dean Allison; Director of Finance Dennis McLean; and, Deputy
City Clerk/Recording Secretary Jackie Drasco.
RECYCLING DRAWING:
The winner from the last drawing was Christy Kennedy, who will receive a check for
$250, which represents a year of free refuse service. Another card was selected.
APPROVAL OF AGENDA:
Mayor Pro Tern Lyon moved, seconded by Councilwoman Ferraro, to approve the
agenda as presented. Motion carried.
APPROVAL OF CONSENT CALENDAR:
Lois Larue, 3136 Barkentine Road, spoke to a number of items: Why Hardy and
Harper was not included in the "on -call" contractors; that the Abalone Cove landslide is
moving; and, that the register of demands is hard to understand and is printed in a font
that is too small.
Mayor Byrd clarified that the Abalone Cove landslide is moving at a rate of about one
inch per year; that Zeiser Kling stated in a recent meeting that the slide was moving at
about five to six inches per year but actually that the five to six inches of movement was
over a period of about five to six years.
Council pointed out minor corrections to be made to the minutes.
Councilman Stern moved, seconded by Mayor Pro Tem Lyon, to approve the Consent
Calendar as follows:
Motion to waive full reading
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all councilmembers after
the reading of the title.
Minutes (301)
Approved the minutes of July 5 and August 1, 2000, as corrected.
Agreement for Construction of Catch Basin Inlet Filters (1204 x 604)
(1) Awarded the contract for the design and construction of catch basin inlet filters to
United Storm Water, Inc. for an amount not to exceed $11,691; plus authorized staff to
spend an additional $1,169 in contingencies for possible extra work, for a total
authorization in the amount of $12,860. (2) Authorized the expenditure of $3,500 for
project inspection services with SA Associates Inc. (3) Authorized the Mayor and the
City Clerk to execute an agreement with United Storm Water, Inc. for the design and
construction of the catch basin inlet filters.
Tree Maintenance Services (1204 x 1407)
(1) Terminated a maintenance contract with Golden Bear Arborists, Inc. (2) Awarded a
new seven -year contract to West Coast Arborists, Inc., for Fiscal Years 2000 -2001
through 2006 -2007.
Service Contract for Seismic Hazard Evaluation of the City Hall Complex
Approved execution of a professional service contract with Breiholz Qazi Engineering,
Inc. for a seismic hazard evaluation study.
Resol. No. 2000 -47 -Palos Verdes Drive South Roadway and Drainage
Rehabilitation Project from Peppertree Drive to Klondike Canyon (1204 x 1404 x
604)
(1) ADOPTED RESOLUTION NO. 2000 -471 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, AUTHORIZING THE CITY MANAGER
TO SIGN AGREEMENTS, AGREEMENT SUPPLEMENTS AND /OR AMENDMENTS
THAT RELATE TO THE STATE TRANSPORTATION IMPROVEMENT PROJECT
(STIP) FUNDING PROGRAM. (2) Awarded a Professional Services Agreement with
City Council Minutes
August 15, 2000
Page 2
CBM Consulting, Inc. in the amount of $79,520 for Professional Engineering Services
and authorized the Mayor and the City Clerk to execute same.
On -Call Professional Service Agreements (1204)
(1) Awarded a professional services agreement for "On Call" services to the following
firms: Charles Abbott and Associates, Inc., Jon Cicchetti and Associates, John M.
Cruickshank, Inc, Group Delta Consultants, Merit Civil Engineering, Robert Bein William
Frost and Associates, Inc., Willdan and Associates, Inc., Berryman and Henigar, Inc.,
DMc Engineering, Bing Yen and Associates, Helix Environmental, Inc, Vandermost
Consultants Inc., CBM Consultants, Inc., JR Engineering, Inc., Land Images, Inc.,
Cotton Shires Associates, Inc., Harris and Associates, Inc., Hewitt Zollars, Inc., , Tetra
Tech, Inc., Soloff Surveying and Consulting, Inc, Zeiser Kling, and Associates, Inc. (2)
Authorized the expenditure of up to $60,000 with each of these firms, with a not to
exceed amount of $25,000 for a single project. (3) Authorized the expenditure of up to
$202,700 for `on -call' services for Fiscal Year 2000 -2001, and included the amount in
the adopted budget for Fiscal Year 2000 -2001 and 2002 -2003.
Resol. No. 2000 -48 - Professional Services Agreement for the Scenic Turnouts
Project (1204 x 1404)
(1) Awarded a Professional Services Agreement with CBM Consulting, Inc. in the
amount of $56,985 for Professional Engineering Services and authorized the Mayor
and the City Clerk to execute the agreement. (2) ADOPTED RESOLUTION NO. 2000-
48, A`RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, FOR A BUDGET ADJUSTMENT TO THE CITY'S CAPITAL
IMPROVEMENTS PROJECT FUND.
Resol. Nos. 2000 -49 and 2000 -50 - Continuing Appropriation and Budget
Reductions (602)
(1) ADOPTED RESOLUTION NO. 2000 -491 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2000-
33, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2000 -2001, TO CONTINUE
CERTAIN EXPENDITURE APPROPRIATIONS FROM FISCAL YEAR 1999 -2000. (2)
ADOPTED RESOLUTION NO. 2000 -501 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 1999 -411
THE BUDGET APPROPRIATION FOR FISCAL YEAR 1999 -2000, TO REDUCE THE
BUDGET FOR CONTINUING APPROPRIATIONS THAT WILL BE RE- BUDGETED
AND INCLUDED IN THE FISCAL YEAR 2000 -2001 BUDGET.
Resol. No. 2000 -51 - Register of Demands (602)
City Council Minutes
August 15, 2000
Page 3
ADOPTED RESOL. NO. 2000 -517 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS
AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.
The motion to approve the consent calendar carried on the following roll call vote:
AYES: Ferraro, MCTaggart, Lyon, Stern, and Mayor Byrd
NOES: None
ABSTAIN: Lyon on the August 1 minutes since she was not present at that
meeting.
# # # # # # # # # # #
PUBLIC HEARING:
Appeal of Conditional Use Permit No. 207 (Applicant/Appellant: Mark Abrams, 44
Oceanaire Drive) (1203 x 1804)
Mayor Byrd re- opened the public hearing on this request to consider the Appeal of
Conditional Use Permit No. 207. Deputy City Clerk Drasco announced that notice had
been duly published, that all protest letters were included in the agenda packet, and
that additional correspondence from Mark Abrams and Meredith Eick had been
distributed to the Council just prior to the meeting.
Senior Planner Fox presented the staff report of August 15, 2000 and the
recommendation to adopt the proposed resolution denying the appeal and upholding
the Planning Commission's decision to deny Conditional Use Permit No. 207 with
prejudice.
Meredith Eick, 2866 W. 226th St., Torrance, CA 90505, owner of the vacant lot at 6
Coveview Drive felt that most wireless communication could be handled by cell phone
or satellite systems but even these do not work everywhere. (A copy of a letter from
Mr. Eick is on file with the City Clerk's Office.)
Karyl Newton, 46 Oceanaire Drive, spoke in support of the staff recommendation and
the Planning Commission's action, stating that she was hopeful the Council would
adopt the staff recommendation.
Ian MacDonald, 47 Oceanaire Drive, discussed radio signal coverage on the east and
south side of the Peninsula from Mr. Abram's property and how the existing topography
might block these signals.
Lois Larue, 3136 Barkentine Road, pointed out a typographical error in the staff report.
City Council Minutes
August 15, 2000
Page 4
Mark Abrams, 44 Oceanaire Drive, stated that radio signals do not require line of sight
so the degree of coverage of the south side of the Peninsula from his home may not be
obvious. He said that he had run more than 150 studies from every conceivable site on
the Peninsula and the only site which would provide the coverage he required was 44
Oceanaire Drive or a property immediately adjacent to it.
He clarified that he was no longer using the FAA site, that it was no longer available to
him, and that even coverage from that site was not adequate. He said that he had
determined the disadvantages of the FAA site with the last six months while he was
preparing computer analyses to determine areas of poor coverage. Mr. Abrams further
explained that his equipment was not designed to be used with multiple sites. (Copies
of letters from Mr. Abrams are on file with the City Clerk's Office.)
Dr. Henry Richter, 2755 Alondra Way, Palm Springs, CA 92264, Communications
Consultant hired by the City, confirmed that Mr. Abrams' equipment was designed to be
used at a single site. He said that he was familiar with the topography of the Peninsula,
having worked in the communications field for the L. A. Sheriff's Department, and felt
that any one site in the area would not cover the entire Peninsula. (A copy of Dr.
Richter's report is on file with the City Clerk's Office.)
Council discussion resulted in changes to the resolutions to clarify the determination
that there had been previous commercial use of the site and to explain Mr. Abrams'
contribution to the delay in the Council decision on this application.
City Attorney Lynch stated that she would provide the appropriate language for the
resolution while the Council considered the next item on the agenda.
Council consensus was to postpone making a decision until this additional language
was prepared by City Attorney Lynch.
Resol. No. 2000- 52 - Conformance with the 1999 L.A. County Congestion
Management Program (CMP) (1203 x 1505)
Mayor Byrd opened the public hearing on this request to adopt the City's 2000 Local
Implementation Report and Self- Certifying the City's Conformance with the 1999
County Congestion Management Program. Deputy City Clerk Drasco announced that
notice had been duly published and that there was no written protest received by the
City.
Assistant Planner Schonborn presented the staff report of August 15, 2000 and the
recommendation to adopt the proposed resolution adopting the City's 2000 Local
Implementation Report (LIR) and Self- Certifying the City's Conformance with the 1999
City Council Minutes
August 15, 2000
Page 5
Congestion Management Program (CMP) for Los Angeles County.
There being no response to the Mayor's call for testimony, he declared the hearing
closed.
Assistant Planner Schonborn explained that since 1993 the City had earned over 9,000
credits and, even though credits were lost this past year, there was still a positive
balance.
Mayor Pro Tern Lyon moved, seconded by Councilman McTaggart, to adopt the staff
recommendation.
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, MCTaggart, Stern, and Mayor Byrd
NOES: None
RECESS & RECONVENE:
At 7:50 P.M., Mayor Byrd declared a recess. The meeting reconvened at 7:58 P.M.
AUDIENCE COMMENTS:
Tom Redfield, 31273 Ganado Drive, said that he attended the Finance Advisory
Committee meeting recently when Long Point was discussed and he said that the
quality of the committee members was impressive, that the very professional meeting
was well structured and well run and that residents were provided sufficient time to
speak and ask questions. He said that the committee identified questions that needed
answers from the developer and that the City Manager had given them a time line to
work with. He felt that because the developer was requesting the use of City land, he
should be required to be more forthright.
Holly Cain, 52 Avenida Corona, said that she was a part of the Save our Coastline II
group and read from a letter she distributed to the Council. This letter expressed
concern about personal and property safety and City liability from golf balls from the
proposed Long Point golf course onto nearby Palos Verdes Drive South. She urged the
Council to maintain the City property for passive recreational use for future generations.
(Ms. Cain's letter is on file with the City Clerk's Office.)
Resol. No. 2000 -53 - Appeal of Conditional Use Permit No. 207
(Applicant/Appellant: Mark Abrams, 44 Oceanaire Drive) (1203 x 1804)
City Attorney Lynch read the language changes to be made to the resolution.
City Council Minutes
August 15, 2000
Page 6
Councilwoman Ferraro moved, seconded by Mayor Pro Tern Lyon to ADOPT
RESOLUTION NO. 2000 -53, as amended, DENYING THE APPEAL AND UPHOLDING
THE PLANNING COMMISSION'S DECISION TO DENY CONDITIONAL USE PERMIT
NO. 207 WITH PREJUDICE.
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None
REGULAR BUSINESS:
S.A.V.E. RPV Petition and the Ocean Trails Project Approvals (11101 x 1203 x
1411)
City Manager Evans explained the documented process the Planning Commission and
the City Council had followed regarding this project and the staff research which found
no evidence of developer fraud or misrepresentations to the City Council.
Mayor Byrd clarified that the video tape shown by Darryl Paul, the S.A.V.E. RPV groups
attorney, at the July 18 Council meeting of a presentation by Ocean Trails purported to
be made in August 1994 was actually made in August 1991. Mayor Byrd stated that he
knew this because he had attended this presentation and would not have done so if he
was on the City Council. Mayor Byrd was elected in November 1993.
City Attorney Lynch stated that unless it could find evidence of fraud or non - compliance
with conditions of approval, the Council would have no authority to revoke Ocean Trails'
development permits and development agreement.
Assistant City Manager Petru presented the staff report of August 15, 2000 and the
recommendation to determine that the City found no evidence, as alleged in the
S.A.V.E. RPV petition, that the developer used fraudulent means to obtain the
development permits for the Ocean Trails project.
Ms. Petru also defined significant view impairment and provided a copy of the City's
Height Variation Guidelines and View Restoration Permit Procedures. She also
provided the Council with a printout of the PowerPoint presentation she made which
showed diagrams from the City's Coastal Specific Plan, an overlay of proposed and
actual pad heights, photographs and computer simulations of several view analyses,
Lot Type Maps, and Clubhouse cross - section.
City Council Minutes
August 15, 2000
Page 7
RECESS & RECONVENE:
At 8:55 P.M., Mayor Byrd declared a recess. The meeting reconvened at 9:06 P.M.
Nick Mowlds, 6832 Verde Ridge Road, former Planning Commissioner, explained that
he was on the Planning Commission for most of the time when this project-was in its
early stages es and that the Commissioners understood the drawings presented by the
developer. He described several changes of the plans regarding the location of the
clubhouse. He clarified that the height of the clubhouse was established by elevation
above sea level, not a measurement from the ground; therefore, fill would not be
significant. He emphasized that the Planning Commission had been very careful in
evaluatin g proposed changes, never spoke to any developer outside of a public
meeting, and said that he had no reason to believe there had been developer fraud.
He discussed the elevation of the house pads and view analyses and the point from
which these analyses were made.
Darryl Paul, 24501 Del Prado Ave., Suite F -2, Dana Point, CA 92539, attorney for
S.A.V.E. RPV, disagreed with City Attorney Lynch's analysis that the Council had
authority to revoke Ocean Trails' Conditional Use Permit only if there was fraud or non-
compliance with conditions of the development agreement and cited the Municipal
Code 17.86.060 which he said allowed the Council to revoke a Conditional Use Permit
if it was issued erroneously, on the basis of incorrect information supplied by the
applicant, or contrary to provisions of the Municipal Code. He felt that many aspects of
the Municipal Code and the City's land use laws had been violated and that even one
violation would require that the Council revoke the Conditional Use Permit. He referred
to one of the Coastal Specific Plan slides from staff's PowerPoint presentation and
stated that the impact to views was very significant.
Discussion between Mr. Paul and the Council included topics of views from specific
homes; presentations by the developer in the past to residents, the Planning
Commission, and the City Council; Mr. Paul's photographic view analysis and analyses
performed by the City and the developer; protected and unprotected views; information
discussed in letters between Councilman Stern and Mr. Paul which were included in the
agenda packet; and, a history of approvals and revisions documented by public
meetings and resolutions adopted by the City.
Mary Casaburi, 3941 Palos Verdes Drive South, read from a letter she had submitted to
the City Council, and provided photographs to substantiate her concerns regarding loss
of views. She apologized that the date of the video shown at the July 18 meeting was
incorrect. (A copy of Ms. Casaburi's letter is on file with the City Clerk's Office.)
Jabe Kahnke, 4003 Palos Verdes Drive South, said that most residents were not
trained to interpret documents and plans and depended on the City to protect their
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August 15, 2000
Page 8
views.
Dan De Borba, 4047 Palos Verdes Drive South, felt that silhouettes, not computer
simulations, should be used to analyze views.
Lenee Bilski, 4255 Palos Verdes Drive South, read from a letter sent to the City Council
and the City Manager from the America the Beautiful Fund in Washington D.C.
regarding protection of the Atlantic and Pacific coastlines from development. She felt
that poles and flags should be erected to show view impacts, not only as seen from the
residences but also from Palos Verdes Drive South.
Uday Patel, 4011 Palos Verdes Drive South, said that in 1998 he had submitted
calculations which indicated percentages of views being lost which he felt was more
accurate than the many versions of the pictorial view analyses and he exhibited a chart
for illustration. He said that wire framing would have indicated much of the ocean view
was being lost by residents and he discussed the effect of the two -story homes which
he said were originally to be one -story homes. He felt that staff was comparing recent
computer simulations which was an incorrect method. He discussed the Coastal
Specific Plan which made reference to view corridors and he said there had not been
compliance. He stated that residents had been told that they had nothing to worry
about in regard to Ocean Trails impacting their views and that it was easy to see today
that there was great impact. Mr. Patel then discussed what he felt were inaccuracies in
the computer simulated view analyses. (Copies of letters from Mr. Patel's are on file
with the City Clerk's Office.)
Sharon Solari, 4145 Palos Verdes Drive South, presented to the Council 37 additional
letters in support of the S.A.V.E. RPV group and discussed temporary stockpiling of dirt
on the Ocean Trails property which she feared was not going to be temporary. She
urged the Council to order a definitive view study at this time which would settle the
matter once and for all. (Said letters are on file with the City Clerk's Office.)
Diane Weinberger, 4206 Exultant, President of Seaview Residents Association,
emphasized the importance of maintaining ocean views from Palos Verdes Drives
South and agreed that constructing silhouettes would be in the best interest of all
parties concerned.
RECESS & RECONVENE:
At 10:48 P.M., Mayor Byrd declared a recess. The meeting reconvened at 11:04 P.M.
Mike Sribney, 32415 Nautilus Drive, said that before he purchased his home in 1995 he
discussed with Carolynn Petru the pad heights in correlation to views and she said that
views would not be negatively impacted. He felt that the pads that he is seeing now will
City Council Minutes
August 15, 2000
Page 9
impact his view significantly and he asked that silhouettes be erected.
Milton Rosen, 4140 Admirable Drive, asked that the City put up frames before the City
Council passed judgment on this issue.
Joseph Wang, 3913 Palos Verdes Drive South, exhibited a chart which he said showed
that views will be blocked to an extent that was not expected and he cited City
regulations which he felt made this blockage unacceptable. He asked that the City
Council order silhouettes to be erected.
Ken Letum, 32334 Conqueror, reiterated what other speakers had said in reference to
silhouettes.
Chonita Holmes, 3922 Admirable Drive, felt that posts should be put up rather than
relying on computer simulations.
Raymond Green, 3200 Rotonda Drive, #406, former View Restoration Commissioner,
said that plans are difficult for the average person to understand; that flagging the site
would provide more useful information than computer simulated view analyses; and,
that he felt that there were discrepancies regarding the grading plan and the fill on the
clubhouse pad.
Rob Katherman, 18 Rockinghorse Road, former Planning Commissioner, said that
Ocean Trails was a complicated site; that erection of silhouettes was not a City
requirement when this project was approved but that it might be helpful at this time; that
computer simulations indicated there would be no significant view blockage; and, that
there had been lengthy meetings on the project. Mr. Katherman felt the house pads
and the height of the clubhouse seem higher than he had imagined when they were
approved. He also said that staff had carefully analyzed the possibility of view impact
by two -story homes during Planning Commission meetings and that view analyses
indicated there would be no significant impact.
Ken Zuckerman, One Ocean Trails Drive, representing Ocean Trails, said that the
Ocean Trails project had been subjected to thorough scrutiny by the City, the California
Coastal Commission, California Fish and Game, U.S. Fish and Wildlife, Army Corps of
Engineers, the State Lands Commission, the State Historical Society, and the Regional
Water Control Board. He stated that he had always insisted that anyone who speaks
for Ocean Trails be honest and professional and that he stood proudly by their record
and emphatically denied any fraud. Mr. Zuckerman explained that he had
commissioned the 1999 computer simulations, which were based on the approved
tentative tract map.
Mike Mohler, 11777 San Vicente Boulevard, Los Angeles, CA 90049, former project W
City Council Minutes
August 15, 2000
Page 10
manager, said that he worked with the Ocean Trails project until early 1995 and that
there were approximately 18 public meetings over a four or five year period. He
emphasized that the developer's staff had always done everything in their power to live
up to the high standards of integrity that Mr. Zuckerman demanded and that there had
been no effort to lie to the City or to the public.
Council discussion focused on the original plan submission, how the project changed
Y
through the ears, and the fact that the 1991 view analysis shown in the video tape was
for a project that was never approved.
RECESS & RECONVENE:
At 11:42 P.M., Mayor Byrd declared a recess to a Closed Session. The meeting
reconvened at 12:07 A.M.
Council offered a proposal to Ken Zuckerman and to the residents that silhouettes be
erected with permission from Mr. Zuckerman and with the expense to be borne by the
S.A.V. E. RPV petitioners.
After discussion, Council consensus was to direct staff to prepare a letter outlining the
details of this proposal for consideration by the parties involved.
Councilmember Lyon moved, seconded by Councilman Stern to determine that the City
found no evidence that the developer used fraudulent means to obtain the development
permits for the Ocean Trails project, as had been alleged in the S.A.V. E. RPV petition.
Motion carried.
Fiscal Year 2000 -2001 Diversion Program Additions (1204 x 1301)
Due to the lateness of the hour, Council consensus was to continue this item to
September 5, 2000.
Fiscal Year 1999 -2000 Recycling Revenue Grant Awards (Cycle 11) (1204 x 1301)
Due to the lateness of the hour, Council consensus was to continue this item to
September 5, 2000.
Ordinance No. 359 - NPDES Regulations (1204 x 1402)
Staff recommendation was to INTRODUCE AN ORDINANCE AMENDING CHAPTER
13.10 OF RANCHO PALOS VERDES MUNICIPAL CODE TO INCORPORATE THE
NEW STATE MANDATED SUSUMP REQUIREMENTS.
City Council Minutes
August 15, 2000
Page 11
Mayor Pro Tern Lyon moved, seconded by Councilwoman Ferraro, to introduce
Ordinance 359 amending Chapter 13.10 of Rancho Palos Verdes Municipal Code to
incorporate the new State Mandated SUSUMP requirements.
The motion carried on the following roll call vote:
AYES: Ferraro, Lyon, McTaggart, Stern, and Mayor Byrd
NOES: None
CLOSED SESSION REPORT:
City Attorney Lynch reported that the City Council unanimously agreed to take no action
regarding the closed session Ocean Trails item and that the City Council unanimously
directed staff to pursue a Memo of Understanding with St. John Fisher Church
regarding the possibility of establishing an alternative antenna site on that property.
ORAL CITY COUNCIL REPORTS:
Mayor Pro Tern Lyon stated that she wished to give a report early in the agenda at the
September 5, 2000 Council meeting regarding Regional Law Enforcement and Senior
Housing.
Councilman MCTaggart reported that after many months of waiting, the City is in
possession of the mitre study regarding aircraft noise.
ADJOURNMENT:
The meeting was adjourned at 12:35 A.M. on the motion of Mayor Byrd.
ATTEST:
WA2000 City Council Minutes \08152000 cc min.doc
City Council Minutes
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