HomeMy WebLinkAboutcc min 1999/09/14 MINUTES OF A REGULAR MEETiNG OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
September 14, 1999 6:00 p.m.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:10 p .m.
in the Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista,
California.
1. ROLL CALL:
PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton.
(Councilmember Moot arrived at 6:45 p.m.)
ABSENT: None
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. SPECIAL ORDERS OF THE DAY
A. Oath of Office:
Growth Management Oversight Commission - William C. Tripp
Mobilehome Rent Review Commission - Vikki Robinson Opeodu
City Clerk Bigelow administered the oaths of office to Mr. Tripp and Ms. Opeodu, and
Deputy Mayor Salas presented certificates of appointment to the new members.
B. Employee Recognition Award of the Month: Mary Chapman, Administrative
Secretary, Fire Department.
Fire Chief Hardiman introduced Mary Chapman and commented on her many years of
excellent service to the City. Mayor Horton presented a proclamation to Ms. Chapman.
C. Proclaiming the week of September 20 through September 24, 1999 as "Lawsuit
Abuse Awareness Week."
Mayor Horton read the proclamation, and Deputy Mayor Salas presented it to Ms. Kotner,
Executive Director, San Diego County Citizens Against Lawsuit Abuse.
D. Chief Richard Emerson: Introduction of newly promoted officers Lieutenant Richard
Coulson, Sergeant Scott Arsenault, and Agent John Munch.
Chief Emerson introduced the officers to the Council and audience.
CONSENT CALENDAR
(Items 4 through l 5)
4. XVRITTEN COMIVIUNICATIONS
A. Letter from the Office of the City Attorney stating that there were no actions taken in
Closed Session on August 31, 1999, which are required under the Brown Act to be
reported.
Staff recommendation: The letter be received and filed.
5. ORDINANCE NO. 2795 OF THE CITY COUNCIL, ACTING AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NUMBER 99-1 (OTAY RANCH SPA
ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST),
AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES
DISTRICT (SECOND READING AND ADOPTION)
On July 13, 1999, Council approved a resolution of intention to form Community Facilities
District Number 99-1. A public hearing was noticed and opened on August 17, 1999; the
hearing was continued to August 31, 1999, at which time the ordinance was placed on first
reading. The district will fund the construction of public facilities serving the Otay Ranch
SPA One, portions of Village One, Village Five and Village One West. The action proposed
at this meeting will finalize the formal proceedings leading to the establishment of
Community Facilities District Number 99-1.
Recommendation: Council place the ordinance on second reading for adoption. (Director of
Public Works)
6. RESOLUTION NO. 19595, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUGMENTING ABE 321 GRANT FUNDS AWARDED TO THE
CHULA VISTA LITERACY TEAM FROM THE CALIFORNIA DEPARTMENT OF
EDUCATION; AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET TO
APPROPRIATE $3,671 IN UNANTICIPATED GRANT REVENUES TO THE LIBRARY
AND RECREATION DEPARTMENT (4/5TH'S VOTE REQUIRED)
The Chula Vista Literacy Team has been notified of an augmentation of ABE 321 grant
funds in the amount of $3,671 from the California Department of Education. The new grant
funds are to be used for staff development and to purchase supplies.
Staff recommendation: Council adopt the resolution. (Library and Recreation Director)
7. RESOLUTION NO. 19596, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY
APPROPRIATING UNANTICIPATED DONATION REVENUE IN THE AMOUNT OF
$1,000 TO THE LIBRARY AND RECREATION DEPARTMENT FOR EXPENDITURES
ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM (4/5TH'S VOTE
REQUIRED)
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CONSENT CALENDAR (Continued)
The Chula Vista Literacy Team, from time to time, receives donations from the public.
These donations generally are received from individual contributors and are small donations
from past tutors or learners, or in memory of a loved one who supported literacy and the
Library's adult literacy program. Donations are deposited into a City cash bond account
upon receipt and accumulated for future appropriation to a literacy program use. The Library
and Recreation Department wishes to appropriate $1,000 in accumulated donations at this
time to the Literacy budget to purchase instructional materials and resources.
Staff recommendation: Council adopt the resolution (Library and Recreation Director)
8. RESOLUTION NO. 19597, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY
APPROPRIATING $7,750 TO THE LIBRARY AND RECREATION DEPARTMENT
BUDGET FOR THE FLAG FOOTBALL PROGRAM EXPENDITURES, BASED ON
UNANTICIPATED PROJECTED PARTICIPANT FEE REVENUES OF $12,800, AND
APPROVING THE ADDITION OF 0.68 FULL TIME EQUIVALENT RECREATION
LEADER AND 0.23 FULL TIME EQUIVALENT RECREATION AIDE POSITIONS
(HOURLY, PART-TIME, NON-BENEFITTED) TO STAFF THE FLAG FOOTBALL
PROGRAM (4/5TH'S VOTE REQUIRED)
The Recreation Division offered an after-school intramural athletic league program (Flag
Football) to elementary school children throughout the City until Fiscal Year 1998/1999,
when the program was temporarily discontinued due to the reorganization of the after-school
program into the STRETCH Program. The Department now wishes to recommence the Flag
Football program, utilizing previously appropriated and budgeted funding and requesting
new funding to support staff and expenditures for the program. In addition, revenue will be
budgeted and received from the fees charged to the participants in the program.
Staff recommendation: Council adopt the resolution (Library and Recreation Director)
9. RESOLUTION NO. 19598, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE LIBRARY AND RECREATION DIRECTOR TO
EXECUTE PERMITS TO AGENCIES PROVIDING SERVICES AND UTILIZING
OFFICE SPACE AT NORMAN PARK SENIOR CENTER
Since the renovation of the Norman Park Center in 1993, the City has issued and renewed
multi-year permits to several social service agencies, allowing them to utilize office space at
the Center. These agencies provide valuable community services, many of which target the
senior population. The City does not charge rent for this use but does require each agency to
reimburse the City for a pro-rated share of the utility costs. Three-year permit renewals have
been prepared and signed by each agency.
Staff recommendation: Council adopt the resolution (Library and Recreation Director)
10. RESOLUTION NO. 19599, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY
SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DASH (DYNAMIC
AFTER SCHOOL HOURS) AFTER SCHOOL RECREATIONAL PROGRAM, AND THE
STRETCH (SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR
CHILDREN) EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM, AND
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CONSENT CALENDAR (Continued)
AUTHORIZING THE DIRECTOR OF LIBRARY AND RECREATION TO EXECUTE
THE MOU; AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET TO APPROVE
AN ADDITIONAL 1.31 FULL TIME EQUIVALENT SCHOOL SITE COORDINATORS
(UNCLASSIFIED, PART-TIME, PARTIALLY BENEFITTED) AND 2.30 FULL TIME
EQUIVALENT YOUTH LEADERS (HOURLY, PART-TIME, NON-BENEFITTED),
AND APPROPRIATING AN ADDITIONAL $96,000 CONTRIBUTION FROM THE
CHULA VISTA ELEMENTARY SCHOOL DISTRICT FOR THE STRETCH PROGRAM
(4/5TH'S VOTE REQUIRED)
In Fiscal Year 1998/1999, the City entered into a partnership with the Chula Vista
Elementary School District to examine the City's existing after-school programs, and, with
District input, to revamp them based on individual school needs and priorities. The MOU
entered into last year created the new STRETCH Program, with an emphasis on literacy,
homework assistance, and arts enrichment. The program was offered as a pilot program
from the end of February through June at six elementary school sites. The program received
an overwhelmingly positive response from the District, School Board members, principals
and school personnel, and program recipients. During the FY 1999/2000 budget process, the
Council approved the Department's and District's recommendation to close the existing after-
school playground program offered at 26 elementary schools. In its place, a high quality,
structured, sports and recreation program, entitled DASH, was approved, and it was agreed
that DASH would be offered at 12 elementary schools to be selected by the District and that
STRETCH sites would not be eligible for the DASH Program.
Staff recommendation: Council adopt the resolution. (Library and Recreation Director)
11. RESOLUTION NO. 19600, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING VARIOUS PERSONNEL RECLASSIFICATIONS
The proposed resolution addresses classification and salary issues raised by the Community
Development and Police Departments concerning positions which have faced significant
recruitment and retention difficulties. It reclassifies the Community Development Specialist
II position to Principal Community Development Specialist; and the Police Services
Technician position to Senior Management Analyst.
Staff recommendation: Council adopt the resolution. (Director of Human Resources)
12. RESOLUTION NO. 19601, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DESILTATION AND GRADING AGREEMENT
(POGGI CANYON) WITH OTAY PROJECT LP AND PROWSWOOD-MATSUSHITA
OTAY RANCH PARTNERS LLC FOR OTAY RANCH SPA ONE, VILLAGE I, PHASE 7
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
On November 19, 1996, Council approved the Tentative Map for Tract Number 96-04A,
Phase 7, of the Otay Ranch Project SPA One. Tentative Map conditions require that, prior to
issuance of a grading permit for any land within the Poggi Canyon basin, the developer shall
comply with certain conditions requiring construction of drainage improvements and
removal of siltation within Poggi Canyon. The proposed agreement contains appropriate
provisions to allow the developer to proceed with the interim grading of Phase 7 in full
compliance with the Tentative Map requirements.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
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CONSENT CALENDAR (Continued)
13. RESOLUTION NO. 19602, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO DEFERRAL
AGREEMENT AND DECLARATION OF COVENANTS RUNNING WITH THE LAND
WITH MCMILLIN OTAY RANCH LLC AND AUTHORIZiNG THE MAYOR TO
EXECUTE SAID AGREEMENT
Approval of the First Amendment to the agreement for deferring the development of certain
parcels within the McMillin Otay Ranch SPA One project will make the agreement
consistent with the current Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
14. RESOLUTION NO. 19603, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $9,000 IN UNANTICIPATED REVENUES FROM
THE U.S. DEPARTMENT OF JUSTICE FOR TRAVEL EXPENSES FOR THE MAJOR
NARCOTICS INITIATIVE (4/5TH'S VOTE REQUIRED)
The Police Department has one Agent assigned to the Major Narcotics Trafficking Initiative.
The position is funded through the High Intensity Drug Trafficking Area grant and requires
the assigned Agent to travel while assigned to this initiative. Travel expenses incurred by the
position will be reimbursed by the U.S. Department of Justice.
Staff recommendation: Council adopt the resolution. (Chief of Police)
15. RESOLUTION NO. 19604, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING DONATION TO THE POLICE DEPARTMENT TO BE
UTILIZED BY THE SPECIAL WEAPONS AND TACTICAL TEAM.
The Police Department's Special Weapons and Tactical Team has received an unsolicited
donation of two tactical vests from the Chula Vista Gun Store. The vests will replace two
which are no longer serviceable and will allow the Department to further enhance its abilities
to respond safely to critical S.W.A.T. incidents.
Staffrecon'kmendation: Council adopt the resolntion. (ChiefofPolice)
ACTION: Mayor Horton moved to approve staff recommendations and offered the Consent
Calendar, headings read, texts waived. The motion carried 4-0, with Councilmember
Moot not yet present.
ORAL COMMUNICATIONS
There were none.
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PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
16. PUBLIC HEARING TO CONSIDER THE PROPOSED GRANT OF A MODIFIED
CABLE SYSTEM FRANCHISE TO COXCOM, INC., DBA COX COMMUNICATIONS
SAN DIEGO
A. ORDINANCE NO. 2796, ORDINANCE APPROVING THE GRANT OF A MODIFIED
CABLE FRANCHISE TO COXCOM, iNC., DBA COX COMMUNICATIONS SAN
DIEGO AND AUTHORIZING THE MAYOR TO EXECUTE THE IMPLEMENTiNG
FRANCHISE AGREEMENT (FIRST READING)
B. ORDiNANCE NO. 2797, ORDINANCE AMENDING SECTION 5.52.010 OF THE
MUNICIPAL CODE TO CONFORM THE FEES ASSESSABLE TO CABLE
FRANCHISEES AND OTHER VIDEO PROGRAMMING PROVIDERS TO THOSE
ALLOWED BY STATE AND FEDERAL LAW (FIRST READING)
The proposed actions will amend the City's franchise with Cox Communications. Among
the terms of the proposal is a recommendation to increase the franchise fee from the current
3% of gross revenues to the industry standard level of 5%, as contemplated in the revenue
projections approved by Council as part of the 1999/2000 annual budget.
This item was heard following Item No. 21.
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on
the date and at the time specified in the notice.
Special Project Manager Meacham presented the many benefits of the proposed franchise agreement,
commenting on customer service features, preservation of options for future service, and cable
modems provided to remote City facilities. He also mentioned that the City will take over
broadcasting responsibilities on the public service channel.
Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak.
Martin Altbaum, 581 C Street, commented that Cox has been an excellent corporate citizen, and he
supported the franchise renewal.
Mary Ball, Director of Governmental Relations for Cox Communications, spoke regarding the
benefits to all parties which are contained in the proposed agreement.
There being no one further wishing to speak, Mayor Horton closed the public hearing.
ACTION: Councilmember Moot offered for first reading Ordinance No. 2796, Ordinance
approving the grant of a modified cable franchise to Coxcom, Inc., dba Cox
Communications San Diego, and authorizing the Mayor to execute the implementing
franchise agreement, heading read, text waived. The motion carried 5-0.
ACTION: Councilmember Moot offered for first reading Ordinance No. 2797, Ordinance
amending Section 5.52.010 of the Municipal Code to conform the fees assessable to
cable franchisees and other video programming providers to those allowed by state
and federal law, heading read, text waived. The motion carried 5-0.
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PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES (Continued)
17. PUBLIC HEARING TO CONSIDER THE RENEWAL OF THE AGREEMENT WITH
THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE JOINT USE OF
THE LIBRARY FACILITY AT EASTLAKE LIBRARY
RESOLUTION NO. 19605, RESOLUTION APPROVING THE RENEWAL OF THE
AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR
THE JOINT USE OF THE LIBRARY FACILITY AT EASTLAKE LIBRARY
The three-year agreement with the Sweetwater Union High School District for the joint use
of the EastLake School Library expired on June 30, 1999. A new agreement to continue the
collaborative venture was negotiated and was approved by the Sweetwater District Board on
August 19, 1999. The EastLake Library has remained open to the public while the new
agreement was being negotiated.
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on
the date and at the time specified in the notice.
Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak.
There was no response. Mayor Horton then closed the hearing.
ACTION: Mayor Horton offered Resolution No. 19605, Resolution of the City Council of the
City of Chula Vista approving the renewal of the agreement with the Sweetwater
Union High School District for the joint use of the library facility at Eastlake Library,
heading read, text waived. The motion canied 4-0, with Councilmember Moot not
yet present.
ACTION ITEMS
18. UPDATE ON BROWN FIELD (Director of Planning and Building)
This item was considered following Item No. 17, which was considered following Item No. 21.
Director of Planning & Building Leiter reported that the EIR review period had been extended for
two weeks, and staff and the consultant plan to complete their review and submit comments by
September 21 st. Councilmember Davis reported on a meeting with North Island officials, the intent
of the Secretary of the Navy to study and comment on the proposed expansion, and FAA's intent to
create a computer simulation of flight pattems. There was no action taken by Council.
19. RESOLUTION NO. 19606, RESOLUTION APPROVING AGREEMENT WITH THE
CITY OF IMPERIAL BEACH FOR ANIMAL CONTROL SERVICES, AMENDING THE
FISCAL YEAR 2000 BUDGET APPROPRIATING $53,473 FOR RELATED GENERAL
FUND COSTS BASED ON UNANTICIPATED REVENUES, AND ADDING ONE
ANIMAL CONTROL OFFICER POSITION, AND .25 KENNEL ATTENDANT
POSITION (4/STH'S VOTE REQUIRED)
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ACTION ITEMS (Continued)
Chula Vista provided animal control services to the City of Imperial Beach from 1993 to
1998. In January 1998, Imperial Beach contracted with the County of San Diego for one
year of animal control service. In May 1999, the City of imperial Beach requested a bid for
animal control services from both the County of San Diego and Chula Vista. The Police
Department submitted a proposal and entered into contract discussions with Imperial Beach. The
proposal was based on established formulas to ensure full cost recovery associated with
services to be rendered. There were no special allowances made in order to solicit or obtain
the Imperial Beach contract. Subsequently, the contract was awarded to Chula Vista
contingent upon Council approval.
ACTION: Deputy Mayor Salas offered Resolution No. 19606, Resolution of the City Council of
the City of Chula Vista approving agreement with the City of Imperial Beach for
animal control services, amending the fiscal year 2000 budget by appropriating
$53,473 for related general fund costs based on unanticipated revenues, and adding
one animal control officer position and a .25 kennel attendant position, heading read,
text waived. The motion carried 4-0, with Councilmember Moot not yet present.
20. RESOLUTION NO. 19607, RESOLUTION ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "STORM DRAIN REPLACEMENT ROHR ELEMENTARY
SCHOOL" IN THE CITY OF CHULA VISTA, CALIFORNIA (DR-147); AND
APPROPRIATING FUNDS AS A LOAN FROM THE TRUNK SEWER CAPITAL
RESERVE FUND (4/5TH'S VOTE REQUIRED)
A portion of the corrugated metal pipe storm drain system traversing the school grounds has
collapsed and is in need of urgent repair. Due to the location of the drainage system, it is
necessary that the work be done while the students are away on quarter break, which starts on
September 20 and ends on October 8, 1999. On August 31, 1999, sealed bids were received
for the project, and staff recommends that the contract be awarded to Fill Dirt, Inc., dba
Roberts Engineering Contractors.
ACTION: Mayor Horton offered Resolution No. 19607, Resolution of the City Council of the
City of Chula Vista, accepting bids and awarding contract for the "Storm Drain
Replacement - Rohr Elementary School" in the City (DR-147); and appropriating
funds as a loan from the trunk sewer capital reserve fund, heading read, text waived.
The motion carried 4-0, with Councilmember Moot not yet present.
21. RESOLUTION NO. 19608, RESOLUTION APPROVING THE OLYMPIC PARKWAY
LANDSCAPE MASTER PLAN INCLUDING A DEVIATION FROM THE CURRENT
CITY OF CHULA VISTA LANDSCAPE MANUAL GUIDELINE FOR PLANTING-TO-
PAVING RATIOS WITHIN THE OLYMPIC PARKWAY MEDIAN
On April 13, 1999, Council was presented with the Olympic Parkway Feasibility and
Financing Study which described, among other items, the preparation of a Landscape Master
Plan for Olympic Parkway. The Landscape Master Plan has been prepared by Estrada Land
Planning, as a subconsultant to Kimley Horn and Associates, Inc.
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ACTION ITEMS (Continued)
Councilmember Moot arrived at this point, 6:45 p.m.
ACTION: Mayor Horton offered Resolution No. 19608, Resolution of the City Council of the
City of Chula Vista approving the Olympic Parkway Landscape Master Plan
including a deviation from the current City of Chula Vista Landscape Manual
Guideline for planting-to-paving ratios within the Olympic Parkway median, heading
read, text waived. The motion catTied 5-0.
OTHER BUSINESS
22. CITY MANAGER' S REPORTS
A. Scheduling of meetings.
City Manager Rowlands noted that the workshop previously scheduled for 4:00 p.m.,
Wednesday, September 15th, has been postponed.
23. MAYOR'S REPORTS
A. Consideration of designation of a voting Delegate and Alternate for the Annual
League of California Cities conference to be held in San Jose October 10 through
October 12, 1999.
ACTION: Mayor Horton moved to appoint herself as the voting Delegate and Councilmember
Davis as the Alternate for the League's annual conference. Deputy Mayor Salas
seconded the motion, and it carried
24. COUNCIL COMMENTS
Deputy Mayor Salas invited the Council to attend a reception in honor of the Secretary of Trade and
Commerce to be held on October 4, 1999, from 6:00 to 8:00 p.m.
Councilmember Davis reported on "Christmas in October" plans and requested volunteers to help
with the event.
CLOSED SESSION
25. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
Fritsch v. City of Chula Vista, District Case No. 98-CV-0972-E CGA.
This item was not discussed.
26. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
One case.
This item was not discussed.
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CLOSED SESSION (Continued)
27. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: 428 "F" Street, Chula Vista, California 91910. Assessor's Parcel
Number 568-181-34, 35, 36, 37 (portion), 41 (portion).
Negotiating Parties: Security Trust Company and City of Chula Vista (Sid Morris).
Under Negotiations: Property Acquisition
No reportable action was taken.
ADJOURNMENT
At 7:15 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of September 21, 1999,
at 6:00 p.m. in the Council Chambers.
Respectfully submitted,
Susan Bigelow, CMC/AAE, City Clerk
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