M-7/25/2000
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1295
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 25, 2000
A regular meetmg of the Santa Monica CIty Council was called to order by Mayor Genser at 6 18
p.rn. on Tuesday, July 25,2000. at CIty Council Chambers, 1685 Mam Street.
Roll Call
Present:
Mayor Ken Genser
Mayor Pro Tern Pam O'Connor
Councilmember RIchard Bloom
Councihnember Michael Feinstem
Councihnember Robert T. Holbrook
Councilmember Kevin McKeown
CouncIlmember Paul Rosenstern
Also Present CIty Manager Susan McCarthy
CIty Attorney Marsha Jones Moutne
CIty Clerk Mana M. Stewart
CLOSED SESSIO~S
CLOSED SESSIONS. On order ofthe Mayor. the CIty Council convened
at 6'18 p.m. and then adjourned to consider closed seSSIons ActIon taken
on closed seSSIOns was reported at the end of the meetmg
RECONVENElPLEDGE On order of the Mayor, the CIty Council reconvened at 7 40 pm. WIth all
members present. CouncIlmember Bloom led the assemblage in the Pledge
of AllegIance
4-A: Proclamation declaring August 1,2000, to be National Night Out
in the City of Santa Monica.
Mayor Genser proclanned August I. 2000, as NatIonal Night Out m the CIty
of Santa MOllIca
CONSENT CALENDAR:
The Consent Calendar was presented, whereby all Items are consIdered and
approved m one motion unless removed from the calendar tor diSCUSSIOn.
July 25. 2000
l296
The follO\'lImg members of the pubhc commented on the Consent Calendar:
Joey Fullmer expressed varIOUS concerns, Chuck Allord vOiced concerns I
\\<lth Items 6-B, 6-F, 6-G and 6-1 and requested the items be pulled, Amta
Phillips spoke m favor of quieter trash trucks; Pro Se spoke m support of
Item 6-A. Patnck Regan spoke m support ofItem 6-G and dlscussed Item
6-J, Randy Walburger and Jack Lamouroux spoke ill support ofItem 6-G.
At the request of Council member Feinstem, Item 6-B was removed from the
Consent Calendar Clty Attorney Moutne adVIsed of a mmor grammatical
correction to the language of the resolutlOn nnder Item 6-J
MotIon by Councllmember McKeO\,,'ll, seconded by Councilmember
Holbrook. to approve all Items. on the Consent Calendar as presented, wlth
the exception ofItem 6-8. readmg resolutions and ordmances by tItle only
and waiving further readmg thereof The motion was approved by the
followmg vote:
AYES
Councllmembers Bloom. Femstein, McKeov.'ll, Rosenstein,
Holbrook, Mayor Pro Tern O'Connor. Mayor Genser
None
None
NOES:
ABSENT
EARTHQUAKE
RECOVERY
RESOLUTION
6-A Earthquake Recovery Resolution - Resolution No 9543 (CCS) I
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SA.'lTA MONICA DECLARING THE EXISTENCE OF A
CONTINUING LOCAL EMERGENCY," was adopted.
~A TUR-\L GAS FUELING 6-C: Contract amendment with USA-PRO to provide consulting
FACILITY - BIG BLUE sen'ices for the Big Blue Bus new, liquid natural gas fueling facility -
BUS recommendation to authorIZe the Cny Manager to negotIate and execute an
amendment to Contract Number 7287(CCS) with USA-PRO in the amonnt
of$50,000, for a total of $90.000. for addJtlOnal consulting ser\lces, was
approved.
FINAL MAP NUMBER
25559 - 812 EUCLID
STREET
6-D Adoption of resolution approving Final Map Number 25559 for 4-
unit condominium project at 812 Euclid Street - Resolution No 9545
(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAt~T A MONICA ACCEPTING AND APPROVING FINAL
MAP NO 25559 TO SUBDIVIDE A PROPERTY AT 812 EUCLID
STREET FOR CO:NTIOMINIUM PURPOSES:' was adopted.
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July 25, 2000
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TRASH TRUCK
1297
6-E' Purchase of one new truck tractor for the transport of trash -
recommendatIon to award BId No. 2770 to Boerner Truck Center, in the
amount of $139,147 80, to furnish and deliver one new bI-fuel GCW truck
tractor for the EnvITonmental & Public Works Department. was approved.
RECYCLING SERVICES 6-F: Adoption ofresolution to accept funds in the amount of $27,535
from the State of Califoruia Department of Conservation, for beverage
container recycling services; and recommendation to appropriate
funds, as proposed - ResolutIon No 9546 (CCS), entItled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Sk"-rTA
MONICA AUTHORIZING THE CITY MANAGER TO ACCEPT
FUNDING FROM THE STATE OF CALIFORNIA, DEPARTMENT OF
CONSERVATION. DIVISION OF RECYCLING TO BE USED FOR
BEVERAGE CONTAINER RECYCLING SERVICES AT BUSINESS
ESTABLISHMENTS ON MAIN STREET FROM PICO BOULEVARD
TO THE SOUTH CITY LIMITS," was adopted. and recommendatIon to
appropnate funds was approved
CONTROL OF VICIOUS/
DANGEROUSAN~ALS
NATURAL GAS
POWERED SEDANS
lJTILlTY USERS' TAX
AND FRANCHISE TAX
AUDIT SERVICES
A TM SURCHARGES
6-G Recommendation to direct staff to prepare an ordinance to control
the possession of vicious or dangerous animals and to establish
administrative review procedures and infraction penalties for violations
of the ordinance, was approved.
6-H: Purchase of six compressed natural gas powered sedans -
recommendation to Award Bid No 2787 to Scott Robmson Honda., m the
amount of$117.342.81. to furnish and deliver SIX new compressed natural
gas (CNG) powered mtermedmte sedans for various departments, was
approved
6-1 Contract Amendment for provision of Utility Users Tax and
Franchise Tax audit services - recommendation to authOrIze the City
Manager to negotiate and execute an amendment to Contract No. 6629,
with MBIA MuniServices Company/MunicIpal Resource Consultants. on a
fixed fee baSIS. to prOVIde utility users tax and francmse tax audit serVIces,
was approved
6-J Resolution suspending the prohibition against surcharges at
automated teller machines - ResolutIon No 9547 entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA SUSPENDING SANTA MONICA MUNICIPAL CODE
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July 25. 2000
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PREFERENTIAL
PARKING ZONE I
ORDINANCES
UTILITY USERS' T.U:
SECTION 4 32 040(c) RELATED TO THE PROHIBITION AGAINST
SURCHARGES TO NON-CUSTOMERS AT AUTOMATED TELLER
MACHINES IN SANTA MONICA:' was adopted as earher amended by
the Cny Attorney,
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6-B: Adoption of resolution modifying Preferential Parking Zone I
regulations - recommendation to adopt a resolutIOn moch:tying Preferential
Parking Zone I to allow two-hour parking Mthout pernnts between 9:00
a m and 6 00 pm., in the area bounded by Strand Street, Thrrd Street,
Ocean Park Boulevard and Mam Street, and amendment to Resolution No
9344 (CCS).
Councilmember Feinstem clarIfied that the purpose of the Item was to
modifY the hours followmg dISCUSSIOns and negotiation with the Coastal
COmmISSIon regarding JurisdlctlOn over parkmg.
Motion bv CouncIlmernber Feinstem, seconded by Councilmember Bloom.
to adopt ResolutIOn No. 9544 (CCS) entItled "A RESOLUTION OF THE
CITY COlJNCIL OF THE CITY OF SANTA MONICA MODIFYING
THE REGULATIONS IN PREFERENTIAL PARKING ZONE I AND
AMENDING RESOLUTION NO 9344 (CCS) BY REPLACING
EXHIBIT A," and amendmg the language to indIcate the amendment was
made in order to aVOId fightmg the Coastal Commission over junsdictIon I
The motIon was approved by the tollowmg vote'
AYES
Councdrnernbers Holbrook, Rosenstem. McKeown.
Feinstein. Bloom, Mayor Pro Tern O'Connor. Mayor Genser
None
None
NOES:
ABSENT:
END OF CONSENT CALENDAR
8-A. Second reading and adoption of an ordinance amending Chapter
6.72 of the Municipal Code (Utility Users' Tax). (Introduced July I L
2000 )
MotIon by Counctlmember Holbrook, seconded bv Counctlmember
Femstem. to conduct second reading and adopt Ordinance No 1979 (CCS)
entItled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 672 OF THE MUNICIPAL CODE RELATED
TO THE CITY'S UTILITIES TAX:' reading by tItle only and Walvmg
further reading thereof. The motIon was approved by the followmg vote:
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July 25, 2000
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CHESS PARK A1~D
MUSCLE BEACH
STREET PERFORMERS
ON THE PROMENADE
1299
AYES'
Councilmembers Holbrook. Rosenstein.. McKeown,
Femstern. Bloom, Mayor Pro Tern O'Connor. Mayor Genser
None
None
NOES
ABSENT:
8-B' Second reading and adoption of an ordinance adding a section to
the Municipal Code re the use of Chess Park and Muscle Beach.
(Introduced July 11, 2000.)
~ouon bv CouncIlmember Holbrook, seconded by Mayor Pro Tern
O'Connor, to conduct second readmg and adopt Ordinance No 1980 (CCS)
entitled "AN ORDINANCE OF THE CITY OF SANTA MONICA
ADDING SECTION 4.08.096 TO THE MUNICIPAL CODE
PROHIBITING THE USE OF CHESS PARK AND MUSCLE BEACH
BET\\'EEN SUNSET AND SUNRISE;' reading by tItle only and waiving
further readmg thereof. The motIon was approved by the followmg vote:
AYES:
Councilmembers Holbrook, Rosenstem. McKeown.
Fernstem. Bloom, Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES.
ABSENT
8-C: Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
MUNICIPAL CODE SECTIONS 6.112.020 AND 6.112.030
RELATING TO STREET PERFORMANCE TO RESTRICT
VENDING AND PROHIBITING THE USE OF SOUND
AMPLIFICA nON EQUIPMENT ON THE THIRD STREET
PROMENADE DURING PEAK HOURS; AND REPORT ON THE
EFFICACY OF STREET PERFORMANCE LA WS/' was presented
On the order of the Mayor, the pubhc hearing was opened The foUoVlling
members of the public spoke: Joey Fulhner indicated support for the
ordmance Jerry Rubin and Pat Cottrell spoke rn OpposItIOn to the
ordinance. Steele Smith spoke m support ofthe ordinance.
Mohon by Councilmember McKeown. seconded by Mayor Genser, to
mtroduce and conduct first readmg of only the sectIon of the ordinance
clarifymg vendmg rules, readmg by title only and waiving further readmg
thereof.
MotIon to amend bv Councllmember Feinstem. to request that Bayside
DlStnct hold a meetmg with the parties involved to dIscuss potentml
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July 25. 2000
1300
TRANSPORTATION
MANAGEMENT PLAN
ORDINANCE
solutIons and report back to the Council m an expedItIous fasmon. MotIon
accepted as friendly The amended motion was approved by the follo'Wmg I
vote
AYES'
Counctlmembers Rosenstem. McKeovvTI. Femstein. Bloom.
Mayor Pro Tern O'Connor. Mayor Genser
Counctlmember Holbrook
None
NOES
ABSENT:
8-0 Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
THE CITY'S TRANSPORT ATION MA,~AGEMENT PLAN TO
REFLECT CHANGES IN THE SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT REGULATIONS AND CLARIFY
EXISTING LAW;" and adoption of Resolution No. 9578 (CCS)
entitled: "A RESOLUTION OF THE CITY OF SANTA MONICA
AMENDING THE FILING FEE FOR EMPLOYER EMISSION
REDUCTION PLANS SUBMITTED PURSUANT TO THE
TRANSPORTATION MANAGEMENT ORDINANCE .,
Member of the pubhc Chuck Allord spoke m opposition to the ordInance.
MotIon by Councilmember Femstem, seconded by Councilmember I
O'COllllor, to mtroduce and conduct first reading of the ordInance, reading
by tItle only and WaIvmg further readmg thereof The motIon carried by the
followmg vote'
AYES
Councilmembers Holbrook. Rosenstein. McKeo'WTI.
Femstem. Bloom, Mayor Pro Tern O'Connor. Mayor Genser
None
None
NOES
ABSENT.
Motion bv CouncIlmember Bloom. seconded by Councilmember Femstein,
to adopt Resolution No , readmg by tItle only and waIving further
readmg thereof The motion was approved by the following vote:
AYES
COUllcllmembers Holbrook. Rosenstein. McKeo'W'IL
Femstem. Bloo~ Mayor Pro Tern O'Connor, Mayor Genser
None
None
NOES
ABSENT
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July 25, 2000
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STAFF ADMIN. ITEMS 9-A: Resolution Placing the Proposed Santa Monica Taxpayer
T AXP A YER Protection Charter Amendment and the proposed Santa Monica Living
PROTECTION CHARTER Wage Charter Amendment on the November 7, 2000, Election BaUot;
AMENDMENT and adoption of other related resolutions, was presented
RECESS
CITY CHARTER
AMENDMENT RE FINES
The following members ofthe pubhc spoke m support of the
recommendation Chuck Allord. Bill Gallagher The follo'hmg members of
the pubhc spoke in opposition to the recommendation Jerry RubIn, VIvIan
Rothstem. Steve Ury. Judy Abdo, Kathleen Masser, Edith GarcIa.. Bnan
Samuel, Juhe Lopez Dad, Donna Block, and Reverend WIlham Campbell
On order ofthe Mayor, the City Council recessed at 9:55 p.m., and
reconvened at 10:15 p.m.. wIth all members present
DISCUSSIon ensued regardmg the content of the question to appear on the
ballot
MotIon by Councilmember McKeown, seconded by Mayor Pro Tern
O'Connor. to amend the text for Ln,mg Wage ballot questIon so It ",ill read
as follows "Shall the City Charter be amended to add specified mimmum
wage and employee benefit requrrements for some employees doing work on
City contracts and grants and barrmg the CIty from eSfabl1shmg, modlf}lllg
or regulatmg the wage and benefit reqwrements except by 1llltIativeT The
motIon was unanimously approved VOIce vote, with all members present
Motion by Councilmember Femstem, seconded by Counc1lmember
McKeo'hTI. to contmue past II :00 p m. The motIOn was approved by a
unannnous VOice vote, with all members present
Motion by Mayor Genser, seconded by Councilmember Bloom. to close the
pubhc hearing and contmue action on the matter to August 1, 8'00 p.m.
The motIon carned by unanimous VOice vote, 'l.ilth all members present
9-B: Recommendation to direct staff to prepare the necessary
resolutions to place a City Charter amendment on the November 7,
2000, election baUot to provide for the setting of the amount of froes
imposed for violations of City codes by ordinance. was presented
Members of the pubhc Martm Rubm. James Donaldson, and Robin Waner
spoke in support ofthe recommendatIOn.
For the benefit of the publIc. Counc1lmember Bloom explamed that the
proposal would prOVIde the Counell with broad dIscretion on applymg fines.
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July 25. 2000
1302
He suggested the matter be brought back \vith options.
~otlon by Mayor Genser, seconded bv Councdmember Holbrook. to dlIect I
staff to return \vIth two optIOns 1) as presented ill the staff report and 2)
related only to the mrport, and to return on August I. If feasIble. or August
8. 2000 The motIon was approved by unanimous voice vote. WIth all
members present.
RESOLUTIONS 12-A Adoption of resolution authorizing the City Manager to execute a
PUBLIC ATTORNEY'S memorandum of understanding with the Public Attorney's Legal
LEGAL SUPPORT STAFF Support Staff Union (PALSSU)
UNION
Motion by Councllmember Holbrook, seconded by Councilmember
McKeown to adopt Resolution No. 9548 (CCS) entitled "A
RESOLUTION OF THE CITY OF SANTA MONICA ACTHORIZIKG
THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING W1TH THE PUBLIC ATTORNEY'S LEGAL
SUPPORT STAFF UNION:' readmg by title only and waiving further
readIng thereof The motIon was approved by the following vote'
AYES
Councilmember Holbrook, Rosenstein, McKeovill, Feinstein.
Bloom, Mayor Genser
None
Mayor Pro Tern O'Connor
None
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NOES'
ABSTAIN.
}\BSENT
Mayor Pro Tern O'Connor mdicated she abstamed because she was not
present during the Closed SessIOns.
SANTA MONICA POLICE 12-B Adoption ofresolution authorizing the City Manager to execute a
OFFICERS ASSN. memorandum of understanding with the Santa Monica Police Officers
Association.
Motion by Councllmember McKeown, seconded by CouncIlmember
FeInStein, to adopt ResolutIon No. 9549 (CCS) entItled: "A RESOLUTION
OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY
MAi'JAGER TO EXECUTE A MEMORANDUM OF lJNDERSTANDING
\\11TH THE SANTA M01'.'ICA POLICE OFFICERS ASSOCIATION:'
reading by tItle only and waiving further readmg thereof The motion was
approved by the follov,mg vote
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July 25. 2000
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COUNCILMEMBER
ITEMS: PLANNING
COMMISSION
1303
AYES:
Councilmembers, Holbrook, Rosenstem, McKeo'NTI.
Femstem, Bloom, Mayor Genser
None
Mayor Pro Tern O'Connor
None
NOES
ABSTAIN.
ABSENT:
Mayor Pro Tern O'Connor mmcated she abstamed because she was not
present during Closed SessIOns.
14-A: Appointment to one unscheduled vacancy on the Planning
Commission for a term ending June 30, 2001.
On order of the Mayor. the floor was opened for nominations for the
Planrung Comrrussion
Councilmernber McKeo'NTI nommated Laurel Roennau Mayor Pro Tern
O'Connor nommated Anthony Loui Councilmember Holbrook nominated
Matt Kenny. No nominee receIved a majority of votes as follows
Ms Roennau
Mr. LoU!
Mr. Kenny:
Councilmembers Bloom, Femstem, McKeoVvTI
Mayor Pro Tern O'Connor. Mayor Genser
CouncIbnembers Rosenstein. Holbrook
Subsequent to the vote, Councllinembers Bloom and Femstein requested
their votes be changed m mvor of Mr. Loui Therefore C01.UlCll appomted
Anthony LoU! by majonty vote of CounciImembers Bloom. Femstem, Mayor
Pro Tern O'Connor, Mayor Gensel.
RESIGNATION OF JOHN 14-8. Acceptance of John Zinner's letter of resignation from the
ZINNER Planning Commission and authorization for the City Clerk to publish
vacancy .
BA YSlDE DISTRICT
APPOINTMENT
Motion by Councibnember Rosenstem, seconded by Councilmember
Feinstem., to accept Jolm Z1l1Iler's reSIgnatIon from the Planning Commission
WIth regret and to authorize the City Clerk to publIsh the vacancy. The
motIon was approved by unanimous voice vote. WIth all members present
14-C Annual vacancy appointment to the Bayside District Corporation
for a term ending June 30, 2004. (Continued from July 11. 2000 )
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1304
RECREA nON AND
PARKS COMMISSION
PUBLIC INPUT:
CLOSED SESSIONS:
On order of the Mayor. the floor was opened for nommatIOns.
CouncIlmember Femstem nominated Kathleen Arndt. There bemg no other I.
nominations, Ms Arndt was appointed by acclamation, with all members
present
I4-D. Annual vacancy appointment to the Recreation & Parks
Commission for a term ending June 30, 2004. (Continued from July II,
2000 )
On order ofthe Mayor, the floor was opened for nominatIOns.
CouncIlmember Feinstem nommated Josefina Santiago. There bemg no
other nominations. Josefina SantIago was appomted by acclamatIOn. 'kith all
members present.
15. PUBLIC INPUT Member of the pubhc Art Casillas discussed crime ill
the area and disagreed WIth reports of decreased crime. Member of the
public Chuck A1Iord expressed various concerns 'kith Code Enforcement.
I6-A
Conference with Real Property Negotiators:
Property: 1819 Ocean Avenue
City Negotiator: Mark Richter
Owners of Record: Sunstone Hotel Investors
Under Negotiation: Terms and conditions of lease.
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ACTION:
Heard No reportable action taken
I6-B: Conference with Legal Counsel- Existing Litigation: Daniel
Reves v. City of Santa Monica, Case No. SC 057 195.
ACTION:
Not heard
I6-C: Conference w'ith Legal Counsel- Existing Litigation: Walsh v.
City of Santa Monica, Case No. SC 057065
ACTION:
Not heard
I6-D: Conference with Legal Counsel- Existing Litigation: Santa
Monica Housini: Council v. City of Santa Monica, Case No.
BC 230 106
ACTION'
Not heard
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16-E
Conference with Legal Counsel- Existing Litigation: Ring
Tradin~ Corp. v. City of Santa Monica, Case No. BC 172 044
(consolidated with Mountain View Mobile Inn Residents
Association, Inc. v. City, Case No. SC 052 672).
ACTION:
Not heard.
16-f' Conference with Legal Counsel- Existing Litigation:
Foodmaker, Inc. v. City of Santa Monica, Case No. SS 007
078.
ACTION Not heard.
16-G Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Co., et aI., Case No. 313004
ACTION Not heard.
16-H Conference with Legal Counsel - Existing Litigation: Conoco,
Inc. v. City of Santa Monica, Case No. 99-12075 RAP (Cwx).
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ACTION Not heard.
16-1 Conference with Legal Counsel- Anticipated Litigation:
Number of Cases: Four.
ACTION'
One case heard No reportable achon taken.
16-J: Conference with Labor Negotiator:
City Negotiator: Karen Bancroft, Personnel Director.
Bargaining Units: Public Attorney's Legal Support Staff
Union (PALSSU).
Santa Monica Police Officers Assn.
(POA)
ACTION:
See 12-A and 12-B
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1306
ADJOURNMENT:
On the order of the Mayor, the City COunCll meeting was adjourned at
11:55 p.m.. to August 1,2000. ill memory of Kathenne K. Krught
ATTEST:
\ ~
\.1.~._... \.0 ~~~
Mm-ia M Stewart \
City Clerk
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~V~D:
~~+~,
Ken Gense\-
Mayor
July 25, 2000
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